Ordinance To The Law On Measures Against Infectious And Other Communicable Diseases

Original Language Title: Bekendtgørelse af lov om foranstaltninger mod smitsomme og andre overførbare sygdomme

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Read the untranslated law here: https://www.retsinformation.dk/Forms/R0710.aspx?id=126093

Overview (table of contents) Chapter 1 Purpose and scope

Chapter 2 Epidemic commissions

Chapter 3 Measures against infectious and other communicable diseases spreading here in the country

Chapter 4 Measures against infectious and other communicable diseases introduction in the country

Chapter 5 miscellaneous provisions

Chapter 6 penal provisions, etc.

Chapter 7 entry into force provisions, etc.

Annex 1

Annex 2 the full text of the Decree Law on the measures against infectious and other communicable diseases

Hereby promulgated law on the measures against infectious and other communicable diseases, see. lovbekendtgørelse nr. 640 of 14. June 2007, with the changes brought about by Act No. 1172 by 10. December 2008.

Chapter 1

Purpose and scope

§ 1. With a view to preventing,





1 in section 2) that they said infectious and other communicable diseases spread in this country, and

2) to infection from these diseases are brought into the country or to other countries,








can the epidemic commissions referred to in paragraph 3 to undertake the measures referred to in chapters 3 and 4.



§ 2. The law includes the General dangerous diseases and other infectious and other communicable diseases, which are listed in Appendix A and B annexed to the law.

(2). The Minister for health and prevention can, upon a proposal from the health protection agency to make changes in the lists referred to in paragraph 1 as well as post new lists.

(3). Sexually transmitted diseases are not covered by the law.

Chapter 2

Epidemic commissions

§ 3. For each region shall be set up an epidemic Commission which consists of a Director, appointed by the National Commissioner of police, an official doctor appointed by the National Board of health, a veterinarian designated by the veterinary and Food Administration, a representative of the local customs and tax administration designated by the local customs and tax administration, a representative of the regional hospital preparedness appointed by region, a representative of the Emergency Agency's regional emergency response center designated by the emergency management agency, as well as three of the Regional Council of elected members. Police Director is Chairman of the Commission.

(2). The election of the regional members shall take effect for the regional legislature.

(3). The health protection agency supervisor as appropriate epidemic commissions. To advise and assist the National Board of Health appointed a permanent representative, respectively, of the national police, the Ministry of Transport, the Danish Emergency Management Agency, the Danish Medicines Agency, the armed forces command, veterinary and Food Administration, TAX, environmental protection agency, the Labour Inspectorate, the State Serum Institute, Danish regions, KL (National Association of local authorities), Falcks redningskorps and Post Denmark.

§ 4. The local police, port, pilot-, air-, environmental-, the hospital, the official medical and food authorities, the local customs and tax administrations and emergency preparedness is required to assist the Commission in the exercise of his duties epidemic according to this law.

(2). Epidemic commissions can determine that certain of the measures referred to in chapters 3 and 4 under prescribed conditions can be initiated by the Commission's individual members or of the Commission attached to the doctors.

(3). The Minister for health and prevention may lay down rules on medical assistance for epidemic Commission.

Chapter 3

Measures against infectious and other communicable diseases spreading here in the country

§ 5. Epidemic, the Commission may order that anyone who suffers from a generally dangerous disease, or as likely to be infected with such, must allow themselves to investigate by a doctor, and that he or she, if necessary, to allow themselves to be admitted for observation at a hospital.

(2). To comply with the order, he may not know police help produced for a doctor to study, just like the person concerned, if necessary by the police help can forcibly hospitalized for observation at a hospital.

§ 6. Epidemic, the Commission may order that anyone who suffers from a generally dangerous disease, or as likely to be infected with such, must allow themselves to isolate and if necessary, post at the hospital.

(2). To comply with the order, can not isolation of that happen by means of forced hospitalization in the hospital by police.

(3). If the dissemination of a generally dangerous disease cannot be hindered by isolation in accordance with paragraph 1 may the Minister for health and prevention after recommendation from the health protection agency to order that to be undertaken forced treatment.

§ 7. The Commission may order that an epidemic area, where a generally dangerous disease occurs, or where there is a suspicion that the classified biological fight drug, be blocked, so that relations with the surroundings is prevented, as necessary, the Commission may prohibit the holding of public events and the like. in the area.

(2). Measures in accordance with paragraph 1 shall be lifted as soon as possible.

§ 8. In order to prevent the propagation of a generally dangerous disease may the Minister for health and prevention after recommendation from the health protection agency to order that to be undertaken forced vaccination within a designated area, or by a designated person.

§ 9. When it is presumed that a death caused by a generally dangerous disease, epidemic, the Commission negotiated with the National Board of health to order that the autopsy should be done.

§ 10. The Minister for health and prevention can, upon a proposal from the health protection agency decide that the measures alone can be launched against generally dangerous diseases, cf. §§ 5-9, also can be launched against other infectious and other communicable diseases, when these acts on a malignant way or with wide circulation, or when other circumstances pose a particularly high risk of spread of infection.

§ 11. Epidemic, the Commission can initiate investigations of bacteriological or similar, which is necessary in order to establish with certainty a infected species, origin and distribution.

(2). When there is a danger that the infection can be spread by companies ' production and distribution of foodstuffs, the Commission may take measures with a view to bringing an end to the risk of infection, if necessary by imposing total or partial closure of the undertaking or by prohibiting an infectious person access to the company.

(3). The Commission may prohibit persons who suffer from one of this Act subject to disease, using public transport.

§ 12. Epidemic, the Commission may order that must be put in the purification of persons who are presumed contaminated with the infectious agent or biological fighting substance. The Commission may also order disinfection of movables, real estate and transport, etc.

(2). To comply with the requirement in paragraph 1 1. point, not, can request Police detain the suspected contaminated until cleaning has taken place.

(3). The National Board of health shall lay down detailed rules concerning the treatment of persons who are presumed contaminated with the infectious agent or biological fighting substance.

(4). The Commission may, in accordance with the negotiation with the epidemic Health Agency also put in place other measures of limited nature and scope in order to prevent the infection spread.

Chapter 4

Measures against infectious and other communicable diseases introduction in the country

§ 13. By the arrival of a ship, the master and any ship doctor inform the Commission or the epidemic, which is acting on behalf of the Commission, information on the health on board during the voyage, as well as at the time of arrival. By the arrival of an aircraft is the responsibility of accountability air vessel or his authorized representative.

(2). The Minister of health shall lay down detailed rules concerning the information to be provided pursuant to paragraph 1, as well as on the message form.

§ 14. The Minister for health and prevention can determine the extent to which from a ship or aircraft must be intercourse with persons in the country, before the epidemic, the Commission or the Commission has authorised, authorised to trade freely.

(2). The police shall provide, on request, assistance in order to ensure compliance with the provisions on that from a ship or aircraft must be intercourse with persons in the country.

§ 15. The Minister for health and prevention may provide that sections 13 and 14 can be waived in the case of vessels and aircraft arriving from specified countries or go in regular scheduled services, and for pilot boats, fishing boats and other small vessels.

(2). The Minister for health and prevention determines which modifications to apply to naval vessels and military aircraft.

(3). The Minister for health and prevention may, for the purpose of compliance with treaties, derogate from the provisions of §§ 13-19.

§ 16. Epidemikommisionen can be ordered by anyone who arrives here to this country, let them investigate by a doctor, and that he or she, if necessary, to allow themselves to be admitted for observation at a hospital.

(2). To comply with the order, he may not know police help produced for a doctor to study, just like the person concerned, if necessary by the police help can forcibly hospitalized for observation at a hospital.

§ 17. Anyone who arrives here to this country, is, moreover, subject to the rules laid down in §§ 6-12.

§ 18. The Minister for health and prevention lays down rules on the measures that can be taken over for cargo, luggage and mail in order to prevent the introduction and spread of a disease that is the subject of this Act.


(2). The Minister for health and prevention lays down rules on the measures to be taken in order to prevent rats or other rodents and vectors leading infection from an illness, which are covered by this law, in or out of the country. The Minister for health and prevention can including setting, that a government agency, such as epidemic Commission under section 4 may be required to assist with this task, can let specific practical measures to perform at an authorized rat fights, who also can do the job, as far as vectors.

§ 19. Upon request the Commission to issue epidemic carrier free of charge, certificate (quarantine certificate) subject:





1) which measures ships, aircraft, rail cars and vehicles have been subject to under this Act,

2) what parts of the universal remedy measures taken against,

3) the applied approach and

4) the reason why the measures are implemented.





(2). For aircraft should the certificate after the request is applied to the aircraft general declaration drawn up (' General Declaration ').

(3). After an application issues the Commission free of charge certificate to the epidemic:





1) every traveller on the date of his arrival and departure, as well as on the measures he and his luggage has been subjected, and

2) the consignor, the consignee and the carrier or their representatives about the measures, the goods have been subjected.





Chapter 5

Various provisions

§ 20. By order made pursuant to sections 5, 6, 7, 12 and 16, which have the character of deprivation of liberty, and by the refusal of the request for the waiver of such order made by the Commission concerned the epidemic gives guidance on access to justice in accordance with the rules in the code of Civil Procedure Act Chapter 43 (a).

§ 21. Anyone who has knowledge that a person in his Entourage or custody suffering from a generally dangerous disease, must as soon as possible, have recourse to a doctor or police, if notification of disease case not already happened. The notification shall without undue delay be disclosed to the local epidemic Commission.

§ 22. The National Board of health may lay down rules on schools and institutions conditions in case of infectious and other communicable diseases. Such rules can be extended to include other than those referred to in paragraph 2 shall be infectious and other communicable diseases, which may involve a specific risk of dissemination in schools and institutions.

§ 23. The Minister for health and prevention can, upon a proposal from the Board of health lay down rules on the import, distribution, dispensing, processing, storage and export of infectious agent, derived from an infectious or other communicable disease covered by this law.

§ 24. The Minister for health and prevention can to perform the purposes referred to in paragraph 1, lay down detailed rules concerning the entry and export of corpses, as well as about their treatment and transport in this country.

§ 25. The National Board of health may lay down rules as to which persons or groups of persons to be tuberculosis size.

section 26. The National Board of health may lay down rules on doctors and other authorized health persons, aiding in the fight against infectious and other communicable diseases.

§ 27. If in connection with the preventive measures undertaken pursuant to this chapter 3 in order to prevent the spread of infectious and communicable diseases, is applied to any other loss, he or she will claim compensation therefor from the public.

(2). The size of a substitution pursuant to paragraph 1 shall be fixed by the Commission after negotiation with the epidemic victims. If no agreement can be reached on the liability or damages, it is for the Commission to refer the issue of compensation in the courts.

section 28. The regions shall assume all the costs in accordance with the law, including those referred to in section 27 of the said substitutes, except for the following: 1) the owner of a vessel or aircraft shall be borne in accordance with rules laid down by the Minister for health and prevention cost of study and eventual eradication of rats or other rodents and vectors in accordance with article 18, paragraph 2, including an amount to cover the Commission's costs of the epidemic. 2) the owner of a ship or aircraft after epidemic Commission estimate only call at port or make landing to land sick or equal, shall bear the costs of any measures taken in pursuance of the law, except for the costs of medical examination and for other additional studies necessary to demonstrate an investigated person's State of health. 3) in the cases referred to in (i); 2), shall be borne by the owner of the ship or aircraft expenses for treatment and care of the sick and the burial or cremation of the dead. 4) expenditure on measures in strandings cases initiated in accordance with the law, will be covered as far as possible, of the value of the stranded freight. 5) persons who wrongfully goes on Board of a ship or aircraft, before permission to freely trade is notified, shall bear the expenses incurred in doing so.

(2). Expenditure incurred by an authority in the cases referred to in paragraph 1, no. 1), 1. point, and nr. 2)-5), is attributed to udpantningsret.

Chapter 6

Criminal provisions, etc.

section 29. Unless a higher penalty is inflicted upon other legislation are punishable by fine or imprisonment up to 6 months the who 1) violates § 21, 2) violates any prohibition or fails to comply with orders issued pursuant to section 5, paragraph 1, article 6, paragraphs 1 and 3, § 7, § 11, paragraphs 2 and 3, article 12, paragraph 1, and section 16, paragraph 1.

(2). In the regulations, which shall be drawn up in accordance with the law, can be fixed to punishment by fine or imprisonment up to 6 months for violation of the provisions of the legislation.

section 30. Search in respect of infringements of the provisions of this law may be made in accordance with the rules of civil procedure act on the search made in matters which under the law can result in imprisonment.

Chapter 7

Entry-into-force provisions, etc.

section 31. The law shall enter into force on the 1. January 1980.

(2). The following statutory provisions are hereby repealed:





1) Lov nr. 138 of 10. May 1915 on measures against contagious diseases from spreading.

2) Act No. 145 of 12. March 1918 on measures to combat tuberkulosens.

3) Lovanordning nr. 189 of 18. April 1945 concerning the appendix to Act No. 138 of 10. May 1915 on measures against contagious diseases spreading (prohibition of use of latrine as fertilizer).

4) Law No. 321 of 7. July 1945 on Appendix to Act No. 138 of 10. May 1915 on measures against contagious diseases spreading (prohibition of bathing).

5) Law No. 67 of 31. March 1953 on quarantine measures against infectious diseases.





section 32. The law does not apply to the Faroe Islands and Greenland but may by Royal Decree is implemented for Faroe Islands with the derogations which the special Faroese conditions warrant.




Act No. 433 of 8. May 2007 amendments to the law on measures against contagious diseases (the Act's scope and central counselling competence etc.) contains the following entry-into-force provision.



§ 2

The law shall enter into force on the 1. January 2008.1)




Act No. 1172 by 10. December 2008 amendments to the law on measures against infectious and other communicable diseases (Hygiene certificates etc.) includes the following entry-into-force provision.



§ 2

The law shall enter into force on the 1. January 2009.2) Ministry of health and prevention, 27. August 2009 Jakob Axel Nielsen/Helle Hyllehøj Annex 1

List A.

General meaning of dangerous diseases. § 2 (1)

Disease name







 

 





Dansk





International







Kopper





Smallpox







Severe acute respiratory syndrome (SARS)





Severe Acute Respiratory Syndrome (SARS)







Viral hæmorhagisk fever (Ebola, Lassa and Marburg)





Viral hemorrhagic fevers (Ebola, Lassa-fever, viral disease, Marburg viral disease)







Fever





Plague







Annex 2

List B.

Other infectious and other communicable diseases referred to in article 6. § 2 (1)

Disease name







 

 





Dansk





International







Difteri





Diphtheria







Cholera





Cholera







Typhoid Typhoid fever







Paratyphoid fever





Paratyphoid fever







Shigellosis





Shigellosis







Polio






Poliomyelitis







Meningokoksygdom





Meningococcal disease







Tuberculosis





Tuberculosis







Hepatitis A (infectious hepatitis)





Hepatitis A







Salmonella infections





Salmonellosis







Anthrax





Anthrax







Measles





Measles







Botulism





Botulism







Flu præpandemisk alarm period





Influenza, pandemic alert period







Bird flu





Avian flu







MRSA infection/colonisation





MRSA infection/carriage







Verocytotoksinproducerende e. coli (VTEC) infection





Verocytotoxin producing e. coli infection







The accumulation of serious disease of unknown cause 1) Outbreak of serious disease of unknown cause





 

 






1) Requires setting from the health protection agency







Official notes 1) legislative changes concern: the law's title, the headings for chapters 3 and 4, § 1, § 2, § 3, section 4, § 7, § 10, § 12, § 14, § 15, § 18, section 20, article 22, article 23, article 26 and article 27 and lists A and B annexed to the law.

2) rule changes relate to: section 18 (2) of section 26 and section 28 (1) (8). 1.