Key Benefits:
Law of 18 January 1956, laying down new legal provisions relating to the organisation of public health concern
We JULIANA, at the grace of God, Queen of the Netherlands, Princess of Orange-Nassau, etc., etc., etc.
All of them, who will see or hear these, saluut! do know:
In this regard, we have taken the view that it is desirable to lay down new legislation on the organisation of public health concerns;
In this way, we, the Council of State, and with the mean consultations of the States-General, have been well-regarded and understood to be right and to be understood by the following:
For the purposes of this Act, the following definitions shall apply:
a. "Our Minister": Our Minister, in charge of matters relating to public health;
b. "Chief Inspectors and Inspectors" means the Chief Inspectors and Inspectors of the State Supervision on Public Health;
c. "Provincial Council": the Provincial Council of Health;
d. "Provincial Cross-Associations" means the provincial associations with full jurisdiction, which exclusively pursue or pursue the care and other social and hygienic services of a national association with equal rights; target are connected.
1 There is a Health Council.
2 The in Article 10, first sentence, of the Framework Law Advisory Colleges The upper limit set for the number of members of advisory colleges does not apply to the Health Council.
3 By way of derogation from Article 10, second sentence, of the Framework Law Advisory Colleges may be appointed by royal decree of the other Members not more than two Vice-Presidents.
4 A Vice-Chairperson shall exercise a part of the chairperson's task to be determined by the President in accordance with that Vice-President.
5 By way of derogation from Article 11, second paragraph, of the Advisory Colleges Framework Law , the reappointment of the members may take place three times.
6 By way of derogation from Article 11, second paragraph, of the Advisory Colleges Framework Law The President and Vice-Presidents, irrespective of the duration of an earlier membership, shall be appointed for a maximum period of four years as a member, also Chairman, Deputy Chairman of the Committee. Reappointment as a member, also chairman or vice-chairman, may take place twice and each time for a maximum period of four years.
The Health Council is responsible for informing our Ministers and the two Chambers of the States of the European Union on the status of science in matters of public health and health (care) research by means of scientific research and development of the European Parliament. Reporting reports.
For the purposes of the application of the Advisory colleges framework law and Article 9 of the Public Administration A report which does not contain an opinion shall be treated as an opinion.
1 By way of derogation from Article 16 of the Framework Law Advisory Colleges may set up commissions from the members.
The President shall appoint a chairman from among the members of a committee.
3 The President and the Vice-Presidents shall be responsible for the meetings of the various committees, of which they are not members, to attend and to take part in the deliberations.
By way of derogation from Article 19, second paragraph, of the Framework Law Advisory Colleges the President may, at the request of a committee, involve other persons in the work of that committee, in so far as it is necessary for the performance of its task.
By way of derogation from the Articles 17 , 18 and 20, 1st member, of the Framework Law Advisory Colleges is a committee referred to in Article 24 qualified in the name of the Health Board through the President's intervention, as referred to in the Article 22 -To bring it up The debate and decision-making within a committee is Article 20 of the Framework Law applicable mutatis mutandis.
By way of derogation from Article 21 of the Framework Law Advisory Colleges shall lay down the Rules of Procedure of the Health Council and the committees of the President.
By way of derogation from Article 15, second paragraph, of the Advisory Colleges Framework The Secretary of the Health Council shall be responsible to the President solely for his work on the Health Board.
1 There is a State Public Health Supervision, which is governed by our Minister, consisting of elements designated by a general measure of administration and which is responsible for:
a. The conduct of research on the state of public health and its determinants as well as, where appropriate, the identification and promotion of means of improvement;
(b) the monitoring of compliance and the detection of infringements of the provisions of, or in accordance with, statutory provisions in the field of public health, in so far as the officials of the State surveillance are responsible for, or by legal requirement;
c. giving or refusing the consent, intended to Article 40, third paragraph, point (c) of the Pharmaceutical Act .
2 The State Supervision shall also be responsible for delivering opinions and providing information to our Minister, upon request or on his own initiative, in respect of what has become known by the State Supervision on the basis of the first paragraph.
3 The tasks referred to in point (b) of the first paragraph shall also extend to the requirements of a Council Regulation on public health, in so far as the regulation on compliance with and detection of such products has been complied with. of any infringement of this kind.
4 In the case of a general measure of management, one or more parts of the State Supervision may be determined by a Minister other than Our Minister for Health, Welfare and Sport. The nomination for such a general measure of governance is made by our Minister of Health, Welfare and Sport, in agreement with our Minister for whom it is a matter of co-concern.
At the head of each section of the State Supervision, there is a Chief Inspector. He shall respect the instructions of our Minister in the performance of his duties.
1 The Articles 36, 1st, 2nd and 4th Members , and 37 shall be applicable in the public bodies of Bonaire, Sint Eustatius and Saba.
2 The State Supervision on Public Health is competent in Public Bodies Bonaire, Sint Eustatius and Saba to exercise the Article 36, first and second paragraphs , mentioned tasks, as far as the rules are concerned at or under the following:
a. Supervision of Madmental BES;
c. Commodities Act BES ;
ed. Opium Act 1960 BES ;
h. Licensing Act BES.
3 The State Supervision of Public Health exercises in the public bodies Bonaire, Sint Eustatius and Saba respecting the rights, duties and powers, mentioned in the Chapter 3 , 4 and 5 of the Act Inspection Biocidal Products BES .
1 With respect to the implementation of the Article 36, first paragraph, point (a) , the task referred to:
a. are the Articles 5:12 , 5:13 , 5:15 , 5:16 , 5:17 , 5:18 and 5:20 of the General Law governing law applicable mutatis mutandis.
b. are the officials, in so far as is necessary for the performance of their duties and by way of derogation from Article 5:20 of the General Administrative Law -authorized access to patient records. In so far as the professional person concerned is required by virtue of his action for the confidentiality of the file, there shall be equal obligations for the official concerned.
2 Our Minister is empowered to impose a penalty on a periodic penalty payment in respect of conduct which conflicts with the first paragraph, point (b).
The inspectors shall be responsible to the Member States or to our Commissioner in a province, to the municipal council, to the Mayor and to the mayors, or to the mayors, of notice and of council in respect of these matters, to their employment.
1 Deputed of States and Mayor and Mr Wethouders shall send to the Chief Inspectors, to the inspectors and to the Provincial Council, within whose area of work the province or municipality is situated, a copy or print of each of the members of the Council. regulations, decisions or reports, public health in their province and their respective municipality respectively, and of any additions or amendments thereto.
2 They shall forward to the Chief Inspector and to the inspectors referred to in paragraph 1, within whose area of work their province or municipality shall be responsible for all the information required by them on compliance with laws and regulations; public health.
1 In each province, the Deputed States shall establish a Provincial Council for Health.
2 They shall establish the place of establishment of the Council.
3 They shall arrange, subject to the provisions of this Chapter, the composition, powers and procedures of the Council.
4 The Provincial Council is a legal person.
The task of the Provincial Council shall, in any event, include:
a. The promotion of health care within the province;
(b) to promote the coordination of all activities carried out in the field of public health within the province;
(c) delivering opinions, inter alia, on the distribution of state subsidies and the promotion of the provision of funds and other means for the benefit of health care;
d. collaborate with other Provincial Councils, if such cooperation is useful for health care;
(e) the conduct of work to promote an efficient system of health care facilities in the province.
The composition of the Provincial Council shall be arranged in such a way as to include in each case members coming from the circles of:
a. Municipal authorities;
b. Health institutions;
(c) persons working in the field of health care;
d. persons or organisations representing the interests of users of health care facilities in general;
e. health insurance policies;
f. institutions for social services.
1 The inspectors, within whose jurisdiction the Provincial Council is active, shall be invited to attend meetings of the Council on the committees set up by these Committees. They shall have an advisory vote in the sitting.
2 The Chief Inspectors shall have the power to attend the meetings of the Provincial Council and of the committees set up by these Committees and shall have an advisory vote. To this end, they shall be informed of the convening of meetings and a copy of the agenda.
1 The Provincial Council shall be assisted by committees of advice and assistance, which shall be competent in a particular area of public health.
2 The Provincial Council may set up one or more district commissions in its area. With regard to those committees, Article 48 applicable mutatis mutandis.
3 The Council shall lay down the composition, powers and procedures of such committees and shall appoint the members.
1 The Provincial Council shall be assisted by a Bureau.
2 The Provincial Council shall ensure that medical input is ensured in the Bureau.
1 The Director and other persons employed by the Bureau shall be appointed by the Provincial Council, suspended and dismissed.
2 The conditions of employment, including the Director and other persons employed by the Agency, shall be the same as those applicable to the staff employed by the province.
3 With due regard to the preceding paragraph, rules shall be laid down by the Member States concerning the remuneration of the Director and other persons employed by the Office.
The Provincial Council shall draw up an instruction for the Director.
1 The Provincial Council shall, on request or on its own initiative, deliver its opinion to public entities and services and to the private legal persons represented in the Council, and to other public bodies, with the exception of the State.
2 To private legal persons, other than those referred to in paragraph 1, and to natural persons, the Provincial Council may, at their request, on a request, whether or not to remuneration, deliver an opinion on subjects which the Council considers to be in the field of public health.
3 The opinions of the Council and its committees shall be drawn up, in accordance with the opinions of the majority of the Assembly.
4 The opinions of the minority shall be communicated in the opinions of the minority and shall, if the members who make up the minority wish so, state their names.
5 Members are empowered to attach minority notes to the opinion if the views expressed were defended in the meeting, which dealt with the opinion to be taken.
Deputed States and Mayor and Wethouders notify the Provincial Council of all draft regulations, which are relevant to public health.
Public bodies and services, as well as private and natural persons working in the province in the field of public health, shall, on request, be made to the Provincial Council of Ministers for the protection of public health. to provide information which the Council considers necessary for the proper performance of its task.
The Provincial Council has been asked, on request, to provide the Chief Inspectors and the inspectors with all information and information which they consider necessary for the proper performance of their task.
Before 1 June each year, the Provincial Council shall send a report of its work to our Minister for the last calendar year.
We reserve the right to make arrangements for the implementation of this law in the context of a general measure of administration.
Where in any legal prescription is referred to an article of the Health Act 1919, Stb. 784, this reference shall be deemed to be made to the corresponding provisions of this Law.
1 After the entry into force of the Adaptation Act third tranche Awb I is based on the Decision State Supervision Public Health at Article 36, first paragraph, of this Act .
2 With respect to the in Article 145 of the Act on appeals in individual health care said laws shall apply this law as it was used for the entry into force of the Adaptation Act third tranche Awb I .
1 This Act may be cited as Health Law.
2 She shall enter into force on a time to be determined by Us. We can determine the entry into force of the various parts of this law at different times.
3 The Health Act 1919, Stb. 784, expires.
Burdens and orders, which are in the State Sheet will be placed, and that all Ministerial Departments, Authorities, Colleges and Officials, who so concern, will keep their hands on the precise execution.
Given at Paleize Soestdijk, 18 January 1956.
JULIANA.
The Minister for Social Affairs and Health,
J. G. SUURHOFF.
Issued the fourteenth of February 1956.The Minister of Justice, a.i.,
BEEL.
