Public Health Amendment Act 2002
PUBLIC HEALTH AMENDMENT ACT 2002

1989 Revision 1

BERMUDA
2002 : 14

PUBLIC HEALTH AMENDMENT ACT 2002

[Date of Assent: 10 July 2002]

[Operative Date: 10 July 2002]

WHEREAS it is expedient to amend the Public Health Act 1949:

Be it enacted by The Queen's Most Excellent Majesty, by and
with the advice and consent of the Senate and the House of Assembly of
Bermuda, and by the authority of the same, as follows:

Citation
1 This Act which amends the Public Health Act 1949 (hereinafter
referred to as "the principal Act") may be cited as the Public Health
Amendment Act 2002.

Amends section 161 of principal Act
2 Section 161 of the principal Act is amended —

(a) by inserting in its appropriate alphabetical place the following
—

""automatic external defibrillator" means a medical heart
device monitor and defibrillator that —

(a) is capable of recognizing the presence or absence of
ventricular fibrillation or rapid ventricular
tachycardia;

(b) is capable of determining, without intervention by
an operator, whether defibrillation should be
performed;

PUBLIC HEALTH AMENDMENT ACT 2002

2 1989 Revision

(c) upon determining that defibrillation should be
performed, automatically charges and requests
delivery of an electrical impulse to an individual's
heart; and

(d) upon action by the operator, delivers an appropriate
electrical impulse to the individual's heart to
perform defibrillation;

and automatic external defibrillation shall be construed
accordingly;";

(b) by renumbering the section as subsection (1) and by inserting
next after subsection (1) the following —

"(2) In this section and in section 163 "operator" means a
person who has undertaken and successfully completed
a course of training, prescribed by regulations made
under section 163, in the use of an automatic external
defibrillator and cardiopulmonary resuscitation.".

Amends section 162 of principal Act
3 Section 162 of the principal Act is amended —

(a) in the heading to the section by deleting all the words after
"nursing home" and substituting the words", etc.";

(b) by inserting next after subsection (1A) the following —

"(1B) No person shall operate an automatic external
defibrillator unless it is registered under this Part.".

Amends section 163 of principal Act
4 Section 163 of the principal Act is amended —

(a) in the heading to the section, by deleting all the words after
"nursing home" and substituting the words", etc.";

(b) in subsection (1), by deleting the word "and" at the end of
paragraph (a), by inserting the word "and" at the end of
paragraph (b) and by inserting next after paragraph (b) the
following —

"(c) a register of automatic external defibrillators."; and

(c) by deleting subsections (2), (3) and (4) and substituting the
following —

"(2) Provisions may be made by regulations under this Act —

PUBLIC HEALTH AMENDMENT ACT 2002

1989 Revision 3

(a) for specifying conditions precedent to
registration of nursing homes, diagnostic facilities and
automatic external defibrillators, special regard being
had —

(i) to the fitness of the person carrying on, or
proposing to carry on, the nursing home or the
diagnostic facility;

(ii) to the fitness of the person providing, or
proposing to provide, the automatic external
defibrillator;

(iii) to the situation, construction, state of repair,
accommodation and equipment of the premises
used, or to be used —

(aa) as a nursing home or a diagnostic
facility; or

(bb) in the provision of automatic external
defibrillation; and

(iv) the qualification which must be attained by
operators and other specified members of staff prior
to being assigned to specified duties;".

(b) for prescribing procedures for the acquisition,
use, maintenance and operation of automatic external
defibrillators;

(c) for prescribing the manner of application for,
and renewal of, registration;

(d) for prescribing the period for which registration
remains in force;

(e) for prescribing conditions under which, and the
manner in which, registration may be revoked by the
Minister;

(f) for prescribing records to be kept by persons
carrying on nursing homes, diagnostic facilities or
providing automatic external defibrillation; and

(g) for prescribing such other matters in relation to
carrying on a nursing home or a diagnostic facility or
providing automatic external defibrillation as the
Minister, after consultation with the person carrying on
the nursing home, or the diagnostic facility, or the

PUBLIC HEALTH AMENDMENT ACT 2002

4 1989 Revision

person providing automatic external defibrillation, as the
case may be, considers appropriate.

(3) If the Minister refuses to register, or to renew the
registration of, or revokes the registration of, a nursing
home, diagnostic facility or automatic external
defibrillator, he shall, if required so to do by the
applicant or, as the case may be, the person carrying on
the nursing home or the diagnostic facility or the person
providing automatic external defibrillation, deliver to him
a statement in writing of the grounds of the refusal or
revocation.

(4) Any person who is aggrieved —

(a) by a refusal of the Minister to register, or renew the
registration of, a nursing home, a diagnostic facility
or an automatic external defibrillator; or

(b) by a revocation by the Minister of the registration of
a nursing home, a diagnostic facility or an
automatic external defibrillator,

under this section, may appeal to a court of summary
jurisdiction in accordance with section 190.".