Key Benefits:
Law of 9 October 2008, laying down provisions on public health care (Public Health Act)
We Beatrix, 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 considered that, in order to implement the revised International Health Regulations and to be more prepared for infectious disease crises, it is desirable to lay down rules for the control of infection in the area of infection prevention. It is desirable to bring these rules together with the existing provisions into a single law so as to create a coherent whole; whereas that is why it is necessary to implement these rules in a single law; Collective prevention of public health law , the Infectious disease law and the Quarantine Act may be withdrawn and replaced by a public health law; whereas it is also appropriate to include in this law a provision on compulsory digital data storage in the implementation of the youth health service;
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 and the provisions based thereon, the following definitions shall apply:
a. the International Health Regulations: the International Attachments Health Regime (Trb. 2007, 34);
b. Our Minister: Our Minister of Health, Welfare and Sport;
c. public health services: the health protection and health promotion measures for the population or specific groups thereof, including preventing and early detection of diseases;
ed. youth health services: public health care, where a nationwide preventive health care package is actively offered to all youth for up to 18 years;
da. years of health care: the public health service for persons over sixty-sixty years;
e. Group A: Middle East respiratory syndrome coronavirus (MERS-CoV), smallpox, polio, severe acute respiratory syndrome (SARS), viral hemorrhagic fever;
f. Group B1: a human infection caused by an animal influenza virus, diphtheria, plague, rabies, tuberculosis,
g. Group B2: Gastro-typhoid fever, cholera, hepatitis A, B and C, whooping cough, measles, paratyfus, rubella, shigellosis, shiga toxin producing escherichia (STEC) /enterohaemorrhagic escherichia coli infection, invasive group A streptococcal infection, Food infection, as established in two or more patients with a common relationship pointing to food as a source;
h. Group C: the under Article 19 designated infectious diseases;
i. Epidemic of infectious disease: a significant increase in the number of new patients in a short period of time from an infectious disease belonging to group A, B1, B2 or C;
j. Quarantine: residence of a person who may be infected with an infectious disease belonging to group A in a building, ship or in a number of designated premises within a designated area within the area, in order to combat the hazards of that disease for public health;
k. Medical supervision: medical surveillance of a quarantined person to see if it is infected with a group A infection disease and, consequently, develops disease symptoms;
l. Contamination: the presence of a vector, infectious or toxic agent, or infectious or toxic substance on or inside a building, good or means of transport, which may create a public health risk;
m. infection: the entry and development or multiplication of an infectious agent in the body of human beings, which may create a public health risk;
n. Vector: an insect or other animal that normally carries with it an infectious agent which may cause a public health risk, or a plant or substance in which an infectious agent is normally living that may create a public health risk;
o. Body; a body within the meaning of Article 2, first paragraph, point (a) of the Act on funeral of funeral services ;
P. port: port, including the anchorage areas, berths, caden, scaffolding and, as far as seaports, acceptances from the sea, and all adjacent holdings, warehouses and other land and buildings situated on the ground of their location, destination or use must be deemed to be appropriate for this purpose;
q. airport: an area, in whole or in part, intended for the take-off and landing of aircraft, including:
1 °. the movements of aircraft on the ground,
2 °. the settlement of air traffic in the introductory words and under 1 °; or
3 °. business activities linked to the settlement of air traffic in the introductory words and below (1);
r. Civil Operator: Civil operator as intended Article 1.1, first paragraph, of the Aviation Act ;
s. building: any construction work constituting a covered whole or part of walls surrounding walls, with the exception of construction works for the purpose of profuse religion or life belief;
t. means of transport aircraft, ship, train or road vehicle;
u. good: tangible product, including plants and excluding animals, means of transport and similar products within the meaning of Article 2, first paragraph, point (a) of the Act on funeral of funeral services ;
v. where: Eating, including chewing preparations, drinking water and any other stirring case, used in the private household sphere or by any other household treated under the Warenwet Act;
w. Transport operator: a natural or legal person responsible for a ship or aircraft making an international trip using a port or airport, or his/her representative;
x. Laboratory: a laboratory, from which the human body is separated or decreased, for the purpose of the diagnosis of infectious diseases;
y. Register-lead partnership: it for the relevant vessel, as referred to in point (a) of Article 10, first paragraph, of the Maritime Traffic Act , designated association of registry pilots, in which, Article 15, first paragraph, point (b) (2) of the Loodsen Act , is provided;
z. Civil Service Number: the civil service number specified in: Article 1 (b) of the general provisions Act civil service number ;
aa. RIVM: the part of the Ministry of Health, Welfare and Sport of the Ministry of Health, Welfare and Sport in charge of the control of the disease. Article 1 (b) of the Act on RIVM ;
Ab. Chairperson of the Security Region: the Chairperson of the Board of the Security Region, as intended Article 11, second paragraph, of the Safety Regions Act .
1 The College of Mayor and Aldermen promotes the creation and continuity of, and coherence of, public health care and its alignment with curative health care and medical assistance in the event of accidents and disasters.
For the purpose of carrying out the task referred to in paragraph 1, the College of Mayor and Aldermen shall, in any event, ensure that:
a. acquisition of, based on epidemiological analysis, an understanding of the health situation of the population;
b. it is intended to be used every four years, prior to the preparation of the paper municipal health policy Article 13, second paragraph , to collect and analyse data on this health situation in a national way,
c. monitoring health aspects in administrative decisions,
d. contribute to the design, implementation and reconciliation of prevention programmes, including health promotion programmes;
e. promoting medical environmental care,
f. to promote technical hygiene care,
g. promoting psychosocial assistance in the event of disasters;
h. giving prenatal education to expectant parents.
3 In the case of general management measures, detailed rules may be laid down on the activities referred to in paragraph 2 and may, for the purpose of the task referred to in paragraph 1, lay down rules on the provision of non-persons to the person concerned with the task of providing retractable data to the college of mayor and aldermen by persons and institutions working in the field of health care and may be required to provide such provision. In so far as it concerns the provision of data by persons and institutions to the college of mayor and aldermen, this general measure of governance contains rules on the protection of privacy and the reimbursement of costs.
1 Our Minister promotes the quality and effectiveness of public health care and contributes to the conservation and improvement of the rural support structure.
2 Our Minister promotes interdepartmental and international cooperation in the field of public health care.
In the case of a general measure of administration, rules relating to the provision of non-person retractable systematic information by the College of Mayor and Aldermen to our Minister for the implementation of this law and may be required to be provided.
1 Our minister is responsible for the vaccinations, included in a vaccination programme to be established under a ministerial arrangement, which identifies the target groups for vaccination and how to implement the programme. shall be.
2 Our Minister is responsible for the research of newborns into serious rare diseases to be indicated by ministerial arrangements.
3 This article shall not apply in the public entities Bonaire, Sint Eustatius and Saba.
1 The college of mayor and aldermen carries out care for the implementation of the youth health care system.
For the purpose of carrying out the task referred to in paragraph 1, the College of Mayor and Aldermen shall, in any event, ensure that:
a. Systematic monitoring and identification of developments in the health status of young people and of health promotion and threatening factors;
b. The windows of the needs of care,
c. the early detection and prevention of specific disorders, with the exception of the perinatal research on phenylketonuria (PKU), congenital hypothyroidism (CHT) and adrenocal syndrome (AGS) and the provision of vaccinations occurring from the Rijksvaccination programme,
d. giving information, advice, instruction and guidance,
e. the formulation of measures to influence health threats.
3 The College of Mayor and Aldermen shall ensure that when the task referred to in the first paragraph is implemented, as far as it is concerned, the task referred to in the first paragraph shall, as far as it is concerned, be defined in the Article 7:454 of the Civil Code , the use of digital data storage is used. The rules of the Minister for Health, Welfare and Sport may require the use of the software to be used in this arrangement.
4 In the case of a general measure of management, detailed rules on the work referred to in the second paragraph may be laid down.
1 The College of Mayor and Wethouders is responsible for the implementation of the care of the elderly.
For the purpose of carrying out the task referred to in paragraph 1, the College of Mayor and Aldermen shall, in any event, ensure that:
a. Systematic monitoring and identification of developments in the health status of the elderly and of health promotion and threatening factors;
b. The windows of the needs of care;
c. the early detection and prevention of specific disorders such as comorbidity;
d. give guidance, advice, instruction and guidance;
e. the formulation of measures to influence health threats.
3 In the case of a general measure of management, rules may be laid down on the activities referred to in the second paragraph.
1 The College of Mayor and Alderman shall be responsible for the implementation of the General Infectious Disease Control, including in any case:
a. the adoption of general preventive measures in this field;
b. combating tuberculosis and sexually transmitted diseases, including source and contact incentive,
c. Source and Contact Detection on Notifications as referred to in the Articles 21 , 22 , 25 and 26 .
2 The management of the security region will prepare for the fight against an epidemic of infectious disease belonging to Group A, as well as to fight a new subtype of human influenza virus, with serious risk to the disease. public health.
3 The mayor directs the fight against an epidemic of infectious disease belonging to group B1, B2 or C, as well as direct preparation to it and carries out the application of measures intended in Chapter V .
4 The Chairman of the Security Region shall be responsible for combating an epidemic of infectious disease belonging to Group A, or of any direct threat thereof, and shall, for the purposes of such control, be responsible for the exclusion of any disease. to give to the Articles 34, 4th paragraph , 47 , 51 , 54 , 55 or 56 .
5 In the case of a general measure of management, the tasks referred to in the first, second, third and fourth paragraphs may be elaborated.
1 In the situation referred to in Article 6 (4) , gives our Minister in charge of combatting and our Minister can help the chair of the security region to take control of the fight, including contributing to the application of the measures in question. Chapter V .
2 By way of derogation from Article 6, third paragraph , Our Minister gives guidance to the fight against an infectious disease belonging to group B1 or B2, if the mayor of a municipality it applies to that. Our Minister will then be able to tell the mayor how to deal with the fight, including contributing to the application of the measures provided for by the Commission. Chapter V .
3 Our Minister may nominate the Mayor to apply to the measures provided for in Articles 15 and 16 of the International Health Regulations for the implementation of the recommendations of the Articles 51 , 54 and 55 As well as the measures provided for in Article 22a of the Act on funeral services -To apply.
4 Before application of the first, second or third paragraphs, our Minister shall enter into an administrative conciliation procedure whereby, in any event, our Minister of Infrastructure and the Environment and the security regions or municipalities affected by it are Involved.
5 As soon as application is given to the first or second member, Our Minister informs our Minister of Internal Affairs and Kingdom Relations and Our Minister of Security and Justice.
6 If application is given to the first, second or third members, the chairman of the security region or the mayor shall communicate to our Minister, if so requested, the information required by our Minister for the exercise of that authority. task.
1 In order to implement Article 6, second paragraph , the management of the security region shall apply the measures entrusted to it by our Minister, in the case of preparations for the control of:
a. Infectious diseases belonging to Group A, or
b. A new subtype of human influenza virus, where there is a serious risk to public health.
2 The governance of the security region describes in the crisis plan, referred to in Article 16 of the Safety Regions Act , the organisation, tasks and powers in combating and preparing for the control of an epidemic of infectious disease belonging to Group A, as well as preparation for the control of a new subtype of human health Influenza virus that has a serious public health risk.
3 The part of the crisis plan referred to in Article 16 of the Safety Regions Act , which relates to the fight against and preparation for the control of an epidemic of infectious disease belonging to Group A, and preparations for the control of a new subtype of human influenza virus in serious danger. in the case of public health, it shall be determined in accordance with the general administration of the municipal health service.
Our Minister can determine, in accordance with our Minister of the Interior and Kingdom Relations and our Minister of Security and Justice, that, in designated cases, another Mayor shall be the task, or a certain part of the task, intended Article 6, third paragraph It must be fulfilled.
Without prejudice Article 7, first, second and third paragraphs Under the rules of our Minister, rules may be laid down concerning measures to be taken by the mayor to combat an epidemic of infectious disease belonging to group B1, B2 or C.
1 By arrangement of Our Minister, in accordance with Our Minister of the Interior and Kingdom Relations and Our Minister of Security and Justice, rules on the distribution of vaccines and therapeutic farma products may be made, where there is a limited availability of these resources and in order to combat an infectious disease belonging to group A priorities should be set for the distribution of these resources.
2 Our Secretary of State shall immediately inform the two Chambers of the States of the European Union of the arrangements adopted.
Our Minister is responsible for ensuring that the information obligations arising from the International Health Regulations are met.
1 Our Minister proposes a national health policy note every four years and a national programme of implementation of research in the field of public health.
2 The municipal council shall, within two years of the publication of the note referred to in paragraph 1, adopt a common health policy, specifying in any case:
a. What the municipal objectives are for the implementation of the Articles 2 , 5 , 5a and 6 said tasks,
(b) the actions taken in the period covered to implement these objectives;
c. what results the municipality wishes to achieve during that period,
d. how the college of mayor and althouders implement the in Article 16 Obligation.
3 The municipal council takes into account the national health policy priorities in determining the municipal health policy, as provided for in the national health policy note.
1 In execution of tasks entrusted or under this law, the colleges of mayor and aldermen of municipalities belonging to a region as referred to in the Security Regions Law , by establishing common rules for the establishment and maintenance of a regional health service in that region.
2 In the scheme referred to in paragraph 1, a public body shall be established with the indication: municipal health service.
3 The Municipal Health Service is headed by a director of public health, who is appointed by the general management of the municipal health department in accordance with the management of the security region.
4 Taking into account the rules to be adopted by general management, it is free for the college of mayor and aldermen to perform the tasks or parts of tasks specified in the rules of procedure. Article 2, second paragraph, point (h) , and 5, second paragraph, points (a) to (d) , to be left or to be included in a health service other than the municipal health service.
5 By way of derogation from the first paragraph, a regional health service may be established and maintained by the colleges of the mayor and aldermen of the communes in two or more regions as referred to in the Security Regions Law . In that case, the appointment, as referred to in paragraph 3, shall be in accordance with the boards of the security regions concerned, and the general administration of the Municipal Health Service shall ensure adequate conditions for each of the regions. be provided for in the operational direction of the medical assistance provided for in Article 32, second paragraph, of the Safety Regions Act .
1 The College of Mayor and Wethouders shall ensure that the municipal health service has experts in the following areas:
a. social medicine,
Epidemiology,
c. social nursing,
d. Health promotion; and
e. behavioural sciences.
2 In the case of a general measure of management, rules may be laid down as to the level of training or the expertise available to the experts. These requirements may vary according to the tasks of the municipal health service for which the experts are to be employed.
Before decisions are taken that could have important implications for public health care, the college of mayor and aldermen is seeking advice from the municipal health department.
For the purposes of this Chapter, a municipal health service shall mean a doctor appointed by the Director Public Health of the Municipal Health Service of the Municipal Health Service, which shall be responsible for the use of the municipal health service. specialising in infectious disease control.
Before the Mayor or the President of the Security Region, a measure as referred to in the Articles 31 , 35 , 38 , 47 , 53 , 54 or 55 Takes or withdraws it, asks for advice to the municipal health department.
In the case of a general measure of management, the infectious diseases are identified as the group C.
1 If the importance of public health that is progressing and in accordance with the authority of the Council of Ministers, under the control of our Minister, may be an infectious disease, not belonging to Group A, B1, B2 or C, or a disease image with a disease according to the State of the scientific unknown cause, where there is a presumption of infectivity and serious danger to public health, shall be considered as belonging to group A, B1 or B2.
2 Where the importance of public health is progressing, in accordance with the views of the Council of Ministers, an infectious disease belonging to Group A is considered to be an infectious disease, in accordance with the support of the Minister of Ministers. belonging to group B2 are classified as group A or B1, or group C infection is considered to belong to group A, B1 or B2.
3 The provisions of the first or second paragraph shall lay down the provisions of this law applicable to the infectious diseases of the group in question in that case.
4 A proposal of a law to incorporate that scheme shall be forwarded to the Second Chamber of the States-General within eight weeks of coming into force under paragraph 1 of the first or second paragraph. If the proposal of a law is withdrawn or rejected by one of the Chambers of the States-General, the scheme shall be withdrawn without delay.
5 If, in the opinion of our Minister, an immediate provision is necessary, our Minister may provide that an arrangement under paragraphs 1 or 2 of this paragraph shall enter into force immediately after publication. In that case, our Minister may, by derogation from Article 4, first paragraph, point (a) of the Act on Kendall Ting , to be known in a manner other than the one referred to therein.
1 The doctor who, in a person examined by him, establishes a disease image with a cause unknown according to the state of the art, with a well-founded suspicion of infectivity and serious danger to public health, reports this without delay to the municipal health service.
2 The doctor who finds that a body is infected with an infectious or toxic agent or an infectious or toxic substance which may cause a serious public health risk, report this to the municipal health service without delay.
The doctor who determines an unusual number of cases of an infectious disease, not belonging to Group A, B1, B2 or C, which poses a risk to public health, reports to the municipal health service within 24 hours.
1 The doctor who suspects or establishes a group A for infectious disease in a person examined by him, reports this to the municipal health service without delay.
The doctor who finds, in a person examined by him, an infectious disease of group B1, B2 or C, or has a suspicion that this person suffers from diphtheria, a human infection caused by an animal influenza virus or a rabies virus, reports to the municipal health department within 24 hours.
3 The doctor who has reasonable grounds to suspect an infectious disease belonging to group B1 or B2 in a person shall report to the municipal health service within 24 hours if that person refuses to undergo the investigation necessary the establishment of that disease and therefore a serious risk to public health by the spread of that disease of infection may occur.
4 The obligation to notify of the obligation of notification provided for in paragraphs 2 and 3 shall be waived by the procedure of our Minister, with effect from a time to be determined and in accordance with the conditions to be laid down.
1 The doctor will do the Articles 21 and 22 reports to the municipal health service of the municipality in which it has its practice.
2 If the notifications, intended in the Articles 21, 1st paragraph , and 22 , concerning a person who has his place of residence in another municipality, the Municipal Health Service shall promptly pass this notification to the municipal health service of the residence of the person concerned.
1 The notification referred to in the Articles 21, 1st paragraph , and 22 , the following information shall contain:
a. the name, address, sex, date of birth, civil service number and residence of the person concerned;
b. The infectious disease or a description of the disease image, the first day of the disease, the vaccination status, the use of chemoprophylaxis, the suspected infection source, the date of suspicion or determination of infection, the method of determining the disease of that infectious disease; and
c. If necessary, whether the person concerned or a person in his immediate environment is engaged in a professional or business process for the treatment of eating or drinking goods or for the treatment, nursing or care of other persons.
2 The notification referred to in Article 21, second paragraph , contains the following information: the nature of the infectious or toxic agent or the infective or toxic substance and the place where the body is located.
3 The notification referred to in Article 21, third paragraph , contains the following information: the disease, the sex, the date of birth, and the nationality of the persons concerned.
4 The doctor shall provide the municipal health service exclusively with other medical information about the person concerned if:
a. The Mayor so requests under Article 30 , or
(b) the person concerned is authorised to do so.
5 For the security of data processing during the notifications, intended to be used in the Articles 21 and 22 , under the rules of our Minister, are rules laid down.
1 The doctor applying for an investigation in a laboratory shall send the following information: the name, date of birth, and the civil service number of the person concerned.
2 Without prejudice Article 22 The Head of the Laboratory shall report to the Municipal Health Service of the Municipality of the Municipality of a group A, B1, B2 or C to Group A, B1, B2 or C, where the laboratory has applied for the examination his practice.
The notification shall contain the following information: the name of the doctor, the name, the date of birth, and the civil service number of the person concerned.
4 If the notification relates to a person who has his residence in another municipality, the Municipal Health Service shall promptly pass this notification to the municipal health service of the residence of the person concerned.
5 The head of the laboratory shall, at the request of the Municipal Health Service, ensure that further investigation is carried out on the disease agent and that the municipal health service of the result is informed.
6 The rules of our Minister may lay down detailed rules on the manner in which the notification takes place and the time limit for reporting.
7 For the purpose of securing the processing of data on the application, referred to in paragraph 1, and the notification shall be made subject to rules by our Minister.
1 The head of an institution where infectious diseases reside or meet vulnerable populations for one or more of the day-parts per day, sets the municipal health service of the municipality in which the institution is located, An unusual number of patients with gastrointestinal disorders, jaundice, skin disorders or other serious illnesses of suspected infectious nature in the relevant population or accompanying or nursing personnel are involved.
2 The rules of our Minister may lay down detailed rules on the manner in which the notification takes place and the time allowed for such reporting.
1 The Municipal Health Service gives the receipt of a notification as intended Article 22, first paragraph , immediately by the Chairman of the Security Region and the Mayor of the municipality in which the person concerned has his place of residence or place of residence.
2 The Municipal Health Service gives the receipt of a notification as intended Article 21, first paragraph , without delay, by the Mayor of the municipality in which the person concerned has his place of residence or stay.
3 The Municipal Health Service gives the receipt of a notification as intended Article 21, second paragraph , without delay to the mayor of the municipality in which the corpse is located.
4 The Municipal Health Service shares receipt of a notification as intended Article 21, third paragraph , as soon as possible, to the mayor of the municipality in which the doctor has his practice.
5 The Municipal Health Service shares receipt of a notification as intended Article 22, second and third paragraphs , as soon as possible, to the mayor of the municipality in which the person concerned has his place of residence or place of residence.
6 The Municipal Health Service shares receipt of a notification as intended Article 26 in a reasonable period, to the mayor of the municipality in which the institution is situated.
7 The municipal health department provides the mayor or the chair of the security region the data, intended in Article 24, first, second and third paragraphs , which shall have the necessary powers for the exercise of the powers conferred upon him by this Law.
1 The Municipal Health Service gives the receipt of a notification as intended in the Articles 21, 1st and 2nd Member , and 22, 1st Member , immediately on to RIVM.
2 The Municipal Health Service provides receipt of a notification as intended in the Article 21, third paragraph , and 22, second and third members -Within 24 hours of RIVM.
3 The Municipal Health Service provided with a notification as intended in the Articles 21, 1st paragraph , and 22 the following information:
a. the infectious disease or a description of the disease, the first day of the disease, the vaccination status, the use of chemoprophylaxis, any hospitalisation, the suspected infection source, including the resulting source of infection, Cases, the date of suspicion or determination of infection,
b. the sex, the birth rate and the year of birth of the person concerned, as well as the first three digits of the postal code of his address; and
c. the results of the further investigation, specified in Article 25, fifth paragraph .
4 The Municipal Health Service provided with a notification as intended Article 21, second paragraph , the following data: the nature of the infectious or toxic agent or the infective or toxic substance and the place where the body is located.
5 The Municipal Health Service provided with a notification as intended Article 21, third paragraph , the following information: the disease, the sex, the date of birth and the nationality of the persons concerned, as well as the place of residence of the doctor who made the notification.
1 The Municipal Health Service takes the personal data, which is due to the Articles 24 , 25 , and 30 have been obtained, in a record held by him.
2 The municipal health service shall keep this information for a maximum period of five years.
At the request of either the Mayor or the Chairman of the Security Region, the treating physician of a person who, in the opinion of the Mayor or the Chairman of the Security Region, presents a danger to the transfer of an infectious disease belonging to group A, B1 or B2 to the municipal health service as soon as possible to the known additional medical and epidemiological data necessary to ensure the nature and extent of the risk of the spread of the disease. to establish infectious disease.
1 The Chairperson of the Security Region may without delay take up a person's isolation at a hospital if:
(a) the person concerned suffers from an infectious disease belonging to Group A or the chairman of the security region who has reasonable grounds to believe that the person concerned suffers from it,
b. there is a serious risk to public health by the spread of that infectious disease;
c. this danger cannot be used in other ways effectively; and
(d) the person concerned may not be prepared for isolation.
2 The mayor can take a person without delay in a hospital for isolation if:
a. in respect of the person concerned, the notification Article 22, third paragraph , has taken place, whether the person is suffering from an infectious disease belonging to group B1,
b. there is a serious risk to public health by the spread of that infectious disease;
c. this danger cannot be used in other ways effectively; and
(d) the person concerned may not be prepared for isolation.
3 The chairman of the security region or the mayor may conduct a medical examination by a doctor if:
a. As a result of the infectious disease, imminent danger to the health of third parties is imminent;
(b) the nature and extent of this danger cannot be determined by way other than research;
c. the outcome of the investigation is necessary in order to effectively stave off this hazard; and
(d) the person concerned is not prepared to undergo the investigation.
4 The chairman of the security region or the mayor may investigate an isolated person by a doctor in the body if the conditions laid down in paragraph 3 are met and the court has authority to that effect. ed.
5 The investigation, referred to in paragraphs 3 and 4, shall not exceed what is necessary for the use of the risk to third parties.
1 The mayor or the chairman of the security region shall make the decision to draw up for isolation to the person concerned.
2 In the order, the mayor or the chair of the security region shall indicate to which hospital, designated on the basis of Article 34 , inclusion in isolation is being implemented.
3 After the decision is issued, the mayor or the chairman of the security region shall provide assistance of the person concerned by a counsellor, unless the person concerned has reservations about it.
4 Where it can reasonably be assumed that the hazard is intended to Article 31 (b) or (b), or (b) (b) (b), The mayor or the chairman of the security region shall immediately lift the inclusion in isolation, either in a less radical way or in a less radical way.
1 The chairman of the security region or the mayor shall make the decision in the course of the investigation, Article 31, fourth paragraph , to reach out to the person concerned.
2 In its decision, the chairman of the security region or the mayor from which the investigation is made shall indicate which doctor carries out the investigation and within what period of time the investigation is to be carried out.
1 Inclusion in isolation shall be implemented in a closed section of a hospital designated by Our Minister.
2 The hospital shall immediately take up the person concerned.
3 In the case of a general measure of management, requirements may be laid down to which the inclusion for isolation and the examination must comply.
4 The mayor or the chairman of the security region is empowered to impose a burden of administrative force to enforce the provisions of the first, second and third members, if the circumstances require immediate action Make.
1 The Chairperson of the Security Region may submit to the measure of quarantine a person without delay in order to prevent the spread of infectious diseases belonging to Group A, if:
a. there are grounds for suspecting that that person has recently had such contact with a sufferer or a suspected sufferer of an infectious disease belonging to group A, that this person may have been infected with the same disease,
b. there is a serious risk to public health by the spread of that infectious disease; and
(c) that person shall not be prepared for voluntary submission to that measure.
2 The chair of the security region may allow the quarantine to be made under zonodig conditions in the home of the individual.
3 During quarantine, medical surveillance shall be carried out. The supervision shall be carried out under the medical responsibility of a medical practitioner appointed by the municipal health department.
4 The quarantine and medical surveillance shall take place under such conditions and conditions and for such a period as is necessary to avoid the danger, referred to in paragraph 1 (b). As soon as it is reasonable to assume that this danger has ceased or may be averted, the President of the security region shall immediately lift the measure.
5 Article 31, third and fifth members , shall apply mutatis mutandis.
1 The President of the Security Region shall make the decision subject to the measure of quarantine to the person concerned.
2 In the Decision, the Chairman of the Security Region shall indicate:
a. how and where the measure is being implemented;
b. having regard to medical surveillance, in any case; and
(c) the rules on which the person concerned has to comply.
3 Following the award of the decision, the chairman of the security region shall provide assistance to the person concerned by a counsellor, unless the person concerned has reservations.
The Mayor or the Chairman of the Security Region shall bear the implementation of the measures provided for in the Articles 31 and 35 to the municipal health service.
1 The Chairperson of the Security Region may impose a risk of a person presenting a risk to the spread of an infectious disease belonging to Group A to engage in professional or business activity, posing a serious risk to the spread of that infectious disease.
2 The mayor may prohibit a person who poses a risk of spreading an infectious disease belonging to group B1 or B2 to engage in occupational or occupational activities, which pose a serious risk to the disease. the spread of that infectious disease.
3 Before taking the measure, the mayor or the chairman of the security region shall hear the employer of the person concerned, unless the person concerned objects to it.
4 The mayor or the chairman of the security region shall lift the measure if the risk has been averted or can be averted in less severe fashion.
1 The Mayor or the Chairman of the Security Region informed the D.A. forthwith of the decision to include in isolation, which is intended to be used in the Article 31, first or second paragraph of the order to the investigation provided for in Article 31, fourth paragraph , and from the disposition to subject a person to the measure of quarantine, intended in Article 35 .
2 As soon as possible after the decision has been taken, but in any event no later than the following day, the Mayor or the Chairman of the Security Region shall send a copy of the order to the Public Prosecutor.
3 In the case of insulation as intended for use in isolation, Article 31, first or second paragraph and from a decision to the investigation referred to in Article 31, fourth paragraph , is the court of the place where the designated hospital is located competent. In the case of a decision subjecting a person to the measure of quarantine, intended to Article 35 , the court of residence of the person concerned shall be competent.
(1) If the D.A. considers that the conditions for the inclusion of such an insulation are to be found in Article 31, first or second paragraph the research, intended to Article 31, fourth paragraph , or the measure of quarantine, intended in Article 35 ', he shall, at the latest on the day following the date of receipt of the decision, make a request for authorisation to continue isolation, quarantine or investigation.
2 The prosecutor shall inform the person concerned, the mayor or the chairman of the security region and, where appropriate, the hospital, in writing that he has made the request, or that he has decided not to request that he be made.
3 The prosecutor shall not take the decision after he has obtained the opinion of the Chief Inspector of the State Supervision on Public Health.
4 With the decision not to make a request, the decision to be taken for isolation, intended to be used in isolation, expires Article 31, first or second paragraph the order of the investigation, as referred to in Article 31, fourth paragraph , whether the decision subjects a person to the measure of quarantine, intended to Article 35 -Of law.
1 Before it is decided upon the request of the Prosecutor, the Judge shall hear the person in respect of whom the measure has been applied.
2 The judge shall hear the person concerned at his place of residence.
3 The judge may be allowed to inform himself, witnesses and experts shall order and examine experts ' orders.
4 The judge shall give the counsellor the opportunity to express his views.
5 The judge shall decide within three days, from the day following that of setting up the claim.
6 No provision shall be open to the decision.
1 The isolation of a person or the person placed in quarantine may request the court to lift the measure.
2 Article 41, second to fifth paragraphs , shall apply mutatis mutandis.
3 The judge may request the application without application of Article 41 reject, if no new facts or circumstances are put forward.
1 The person with regard to whom a decision to include in isolation is as intended Article 31, first or second paragraph to research as referred to in Article 31, third or fourth member , or to subject to a measure of quarantine as intended Article 35 has been taken, the judge may, on an own-by-own application, be the subject of a defence, Article 282, fourth paragraph, of the Code of Civil Procedure , or in the case of an application, on the occasion of the hearing of the person concerned, or, if the district attorney does not submit a request for the proceedings, Article 40, first paragraph In the event of a separate application, a claim for compensation must be granted on the ground that the decision of the mayor or of the chairman of the security region was unlawful.
2 If the application is lodged on the occasion of the hearing of the person concerned, Article 282, fourth paragraph, of the Code of Civil Procedure applicable mutatis mutandis.
1 Where the person to whom a decision has been taken for the purpose of inisolation is to be included in the Article 31, first or second paragraph to research as referred to in Article 31, third or fourth member , or to subject to a measure of quarantine as intended Article 35 Since the court or prosecutor has not complied with one of the provisions of this paragraph, the court or prosecutor shall, at his request, grant compensation for damages to be charged to the person concerned by the Court of Justice. State.
2 The request may be submitted as a stand-alone application to the defence as referred to in Article 282, fourth paragraph, of the Code of Civil Procedure Or, on the occasion of the hearing of the person concerned, or by a separate application, within three months of the day on which the person concerned could reasonably be aware of the infringement of the application, or in the case of an individual application, regulation to which his request relates.
3 If the application is lodged on the occasion of the hearing of the person concerned, Article 282, fourth paragraph, of the Code of Civil Procedure applicable mutatis mutandis.
The General Term Act applies to the deadlines set out in the Articles 39, second paragraph , 40, 1st Member , and 41, fifth paragraph .
In the case of a petition as intended Article 42, first paragraph , or Article 43, first paragraph , submission of the application does not require the lodging of an application to be made by a person to which the application is lodged.
1 If there is a well-founded presumption of contamination, the mayor or the chairman of the security region may have buildings, means of transport, goods and were in check for the presence of an infection, if necessary by taking samples.
2 In the case of contamination, the Mayor may or may not be the Chairman of the Security Region:
(a) provide technical-hygienic requirements;
(b) disinfecting buildings, means of transport or goods, including the destruction of vectors.
(3) In the case of an infection with a serious threat to public health, the mayor may or may not be the chairman of the security region:
(a) any buildings or land or parts of buildings or parts thereof,
(b) prohibit the use or entry of means of transport;
c. were destroyed.
4 The mayor or the chairman of the security region will lift the measure if the danger has been averted.
1 By arrangement of Our Minister, the ports and airports to which the requirements of this paragraph apply are designated. The ports or airports may be designated by category for application of: Article 49 .
2 A civilian port or civil airport is designated in accordance with our Minister of Infrastructure and the Environment.
3 A military port or a military airport is designated in accordance with our Minister of Defence.
1 The provisions of Article 20 (1) and Annex 1 to the International Health Regulations, ports or airports, and the requirements of those provisions, shall be determined by a general measure of management. These facilities and requirements may vary by category of port or airport.
2 In so far as it concerns a civilian port or civil airport, the operator shall ensure compliance with the provisions of the first paragraph.
3 As far as civilian air traffic is concerned at a military airport with civilian use through the intervention of a civil operator, the civil operator shall ensure that it is complied with under the first paragraph.
1 The commander of a ship making an international journey, wishing to enter a port and having a knowledge or a serious suspicion that on board his ship there are one or more disease cases which indicate a disease of an infectious nature which may constitute a serious risk to public health, shall ensure that port traffic control and the arrival of the port on board are informed as soon as possible but prior to arrival.
2 The pilot-in-command of an aircraft making an international journey, wishing to enter an airport and having a knowledge of, or having a serious suspicion of, one or more disease cases on board of its aircraft which indicate a disease of an infectious nature liable to constitute a serious risk to public health, shall ensure that the air traffic control of the airport is informed as soon as possible but prior to arrival.
3 Traffic management of the port of civil port sends out a report without delay to our Minister of Infrastructure and the Environment, the association of registry pilots and the civil port operator. Air traffic control of the civil airport shall pass a notification without delay to our Minister of Infrastructure and the Environment and the operator of the civil airport.
4 The operator of the civilian port or civilian airport shall transmit a notification to the municipal health service without delay. The Municipal Health Service shall promptly report a notification to the Mayor and the RIVM.
5 The air traffic control of the military port or air traffic control of the military airport shall transmit a notification without delay to the Municipal Health Service and the RIVM. The Municipal Health Service shall pass a notification to the Mayor without delay.
1 Without prejudice Article 50 provide the pilot-in-command of a ship making an international trip at the request of the Mayor or the Chairperson of the Security Region upon arrival at the civilian port of the Maritime Health Statement, referred to in Article 37 of the International Health Regulations.
2 Without prejudice Article 50 provide the pilot-in-command of an aircraft making an international trip at the request of the mayor or the chairman of the security region on arrival at the civilian airport, or in the section dedicated to civilian air traffic from a military airport with civilian use, the health part of the general statement on aircraft referred to in Article 38 of the International Health Regulations.
3 If the health attestation referred to in paragraphs 1 or 2 above gives rise to the opinion of either the Mayor or the Chairman of the Security Region, the commander shall, at the request of the Mayor or the Mayor, Chairperson of the security region additional information on the state of health on board.
In the case of a notification referred to in Article 50 or if there is evidence of circumstances on board a ship or aircraft making an international journey, which may constitute a serious risk to public health, our Minister of Infrastructure and the Environment may, after consultation with Our Minister, determine in which civilian port or civil airport the vessel or aircraft arrives, as well as, after consultation with the association of registry pilots, how piloting service is carried out to the ship.
1 In the case of a notification as referred to in Article 50 or if there is evidence of circumstances on board a ship or aircraft making an international journey, which may represent a serious public health risk, the Mayor shall determine the measures to be taken in respect of the admission to, or withdrawal of, the free movement of the vessel or aircraft at the civilian port or civil airport, or in the part of a military airport with civilian use intended for civil aviation, has arrived.
2 In case of an immediate threat of an infectious disease epidemic belonging to group A, the chair of the security region in relation to a vessel or aircraft making an international trip may determine which measures are required. concerning the entry into or withdrawal of free circulation as the vessel or aircraft in the civilian port or civil airport, or in the part of a military airport with which it is intended for civil aviation civilian use, has arrived.
3 In the situation referred to in paragraphs 1 and 2, the pilot-in-command of the vessel or aircraft shall ensure that:
a. upon arrival, no person enters or exits the vessel or aircraft and no means of transport or goods are loaded or unloaded, unless the Mayor or the Chairman of the Security Region gives such a request or consent; and
(b) at the request of either the Mayor or the Chairman of the Security Region, the following details of passengers shall be given, provided that such information is known to the commander: name, address, sex, age and destination.
4 The mayor or the chairman of the security region shall not apply the measures any longer than is necessary to carry out the investigation in order to determine the gravity of the danger.
The mayor or the chairman of the security region may be the holder of a civilian port or a civilian airport or the civil operator to:
a. To provide information to travellers on the taking of measures to prevent infection or contamination of baggage,
(b) to cooperate with the Mayor or the Chairman of the Security Region of the measures to be taken by the departing or prospective travellers to the presence of a disease of an infectious nature which is a serious hazard; in the case of public health,
(c) for the purpose of preventing the contamination of technical-hygienic requirements, where there is a risk of contamination,
(d) to close down buildings, land or parts thereof in order to combat contamination.
The mayor or the chairman of the security region may contribute to the transport operator:
a. To provide information to passengers on the taking of measures to prevent infection or contamination of baggage,
(b) for the purpose of preventing contamination of technical-hygienic measures in respect of a vessel or aircraft and the goods present therein, if there is a justified risk of contamination;
(c) to check a ship or aircraft and the goods contained therein for the presence of a contamination;
(d) to decontaminate a vessel or aircraft and the goods contained therein in order to combat infection, including the destruction of vectors.
The Mayor or the Chairman of the Security Region is responsible for imposing a burden under administrative constraints in order to maintain what has been said in the Articles 53, first and second members , 54 and 55 is dedicated, if the circumstances make immediate intervention necessary.
1 A certificate of sanitary control of ships or a certificate of exemption from the sanitary control of ships as referred to in Article 39 of the International Health Regulations shall be carried out by the Mayor at the request of the commander. issued if the ship is free from contamination.
2 The certificates shall be drawn up in accordance with the model set out in Annex 3 to the International Health Regulations.
3 The rules of our Minister shall lay down detailed rules on the issue of licences.
4 The rules of our Minister designate the ports for which the Mayor is responsible for issuing the certificates.
1 The inoculation of persons or the administration of prophylaxis to persons in order to obtain an international valid certificate as referred to in Article 36 of the International Health Regulations shall be governed by the regulation of our Minister. set conditions.
2 The certificates shall be drawn up in accordance with the model set out in Annex 6 to the International Health Regulations.
3 By arrangement of Our Minister, the organizations or individuals designated where inoculations against yellow fever may be provided.
1 If the City Council makes a contribution to the provision of public health services, the College of Mayor and Aldermen shall ensure that this is not at the expense of the scope of such activities.
2 No contribution shall be levied for the aid to be paid to or under the Articles 5 and 6 tasks assigned, except in cases where general management is required.
1 The municipality shall bear the costs of the measures taken under Chapter V of this law are being taken. The municipality is also responsible for the costs of the concessions granted to them, which are the costs of the measures provided for by the measures provided for in the Articles 31 , 35 , 38 and 47 .
2 By way of derogation from the first sentence of the first paragraph, the State shall bear the costs of the measure provided for in: Article 31 , if applied to a person suffering from tuberculosis.
3 By way of derogation from the first paragraph:
a. the operator of a civilian port or civilian airport and the civil operator the cost of the measures taken by the mayor pursuant to Article 54 have been assigned,
b. the transport operator is the cost of measures taken by the mayor under Article 55 have been assigned.
4 The in Article 47, third paragraph, point (c) , they were meant to be valued for destruction by the mayor. The college of mayor and aldermen shall pay to the owner as compensation the amount on which the goods have been valued.
5 The college of mayor and aldermen is authorized to pay the costs related to the measures provided for in the Articles 31 , 35 , 38 and 47 , stories to the person in respect of whom a measure has been taken, if that person has not been willing to cooperate in a voluntary service. The Articles 5.25 and 5.26 of General Law governing law shall be applicable mutatis mutandis.
6 Our Minister may grant to the operator of a civilian port or civil airport, the civil service operator or the transport operator a fee to be determined in respect of exceptional costs incurred by the operator of a civilian port or place of business. civil airport, the civil service operator or the transport operator are made because of the compliance with the measures taken under the Articles 54 or 55 in connection with Article 7, third paragraph They're dedicated.
The costs related to the level of provision, referred to in Article 49, first paragraph , to the extent that they are a civilian port or airport, they shall be borne by the operator.
1 If Our Minister, On The Basis Of Article 7, first or third member If the President of the Security Region or the Mayor is to take action, the State may be relied upon for the benefit of the financing thereof.
2 In the case of a general measure of management, rules shall be laid down in respect of the provisions of the first paragraph.
1 The costs of obtaining a certificate as referred to in Article 57, first paragraph , shall be charged to the commander of the ship concerned.
2 Subject to cases to be determined by the regulation of our Minister, the costs of inoculation of persons or the administration of prophylaxis to persons for the purpose of obtaining a certificate shall be as intended: Article 58, first paragraph , at the expense of the person concerned.
3 By arrangement of Our Minister, the tariffs are set for getting the certificates, intended in the Articles 57, 1st paragraph , and 58, 1st Member .
With the monitoring of compliance with or under this Act, public health officials shall be responsible for public health.
In the case of an infection or infection or a well-founded suspicion, the Mayor or the Chairman of the Security Region, either by the Mayor or the Chairman of the Security Region, are within their ambit of their jurisdiction. designated officials of the municipal health service and the appropriate public health officials designated for that purpose, empowered to enter or leave each place, if requested after the demonstration of a credential, to the extent that which is reasonably necessary for the performance of their duties under this Act. If necessary, they will provide access by using the strong arm.
1 With a detention of up to two months or a fine of the second category, it shall be punished by the doctor acting in contraa with the Articles 21, first, second or third members , 22, first, second or third members , 24, fourth member , or 30 .
2 With a detention of up to two months or a fine of the second category is punished by the head of a laboratory acting in violation of Article 25, second or fifth paragraph .
3 With a detention of up to two months or a fine of the second category, it shall be punished by the head of an institution acting in violation of the Article 26, first paragraph .
4 With a detention of up to two months or a fine of the second category shall be punished by the commander acting in contraband with Article 50, first or second paragraph , or that refuses to comply with a request as intended in the Articles 51 and 53, third paragraph, point (b) .
5 With a detention of up to two months or a fine of the second category is punished the operator of a civilian port or civil airport acting in violation of Article 50, fourth paragraph .
6 It shall be punished by imprisonment not exceeding two months or a fine of the second category to the person who acts contrary to the provisions of the Article 58, first and third paragraphs .
7 The offences referred to in paragraphs 1 to 6 of this Article are offences.
1 With a detention of up to six months or a fine of the third category, it shall be punished to the person who disregards himself from the person under the conditions of Articles 38, first paragraph , or 47, second or third paragraph, point (a) or (b) , with regard to the measures taken, or the measures taken in respect of Article 47, third paragraph, point (c) , had been withdrawn from a measure taken under that paragraph.
2 With custody of a maximum of six months or a fine of the third category, it shall be punished with the unauthorized entry of a site designated for isolation or quarantine.
3 With a detention of up to six months or a fine of the third category is punished the operator of a civilian port or civil airport acting in violation of Article 49, second paragraph , or with any Article 54 given command.
4 With a detention of up to six months or a fine of the third category, it shall be punished by the civil service operator acting in violation of: Article 49, third paragraph , or with any Article 54 given command.
5 With a detention of up to six months or a fine of the third category, it shall be punished by the transport operator acting in violation of a penalty under Article 55 given command.
6 The offences committed in the first to fifth members are offences.
1 With a prison sentence of up to four years or a fine of the Fifth category, the person who acts in contraa of contracts shall be punished with Article 53, first or second paragraph They've been given.
2 With a prison sentence of up to four years or a fine of the fifth category shall be punished by the commander acting in contraband with Article 53, third paragraph, point (a) .
3 With a prison sentence of up to four years or a fine of the fifth category, it shall be punished to the person who disregards himself from a person under the conditions of Articles 31 or 35 as regards the measure taken.
4 The offences committed in the first, second and third paragraphs are criminal offences.
Save as otherwise provided in this Chapter, the provisions of this Act shall apply in the public entities Bonaire, Sint Eustatius and Saba, except that each of those provisions shall be read as follows:
a. 'the municipality': the public body Bonaire, Sint Eustatius or Saba;
b. 'City Council': Island Council;
c. 'College of Mayor and Aldermen' and 'Board of the Security Region': driver's olle;
ed. 'Mayor' and 'Chairperson of the Security Region': authority;
e. 'municipal health service' means: the in Article 68c, first paragraph , the medical practitioner,
f. 'municipal health policy note': Note on health policy;
g. 'association of registry pilots' means: a tanning as intended Article 1, first paragraph, point (a) of the Loodsen Act 2001 BES ;
h. 'corpse' means: a body as intended in the Funeral of BES ;
i. 'good' means: tangible product, including plants and excluding animals, means of transport and appear as intended in the Funeral of BES ;
j. 'where': where as well as eating and drinking are referred to in Article 1 (b) and (c) of the Warenwet BES ;
k. 'burden under administrative coercion': Administrative coercion as intended Article 58j, first paragraph ;
l. 'civil service number': the number of a valid identity document as specified in Article 2 of the Act to identify the Identification Requirement BES ;
m. 'Hospital' means: care setting as intended in Article 1 (k) of the Care Institutions Act BES ;
n. 'defence referred to in Article 282, fourth paragraph, of the Code of Civil Procedure': a defence as referred to in Article 429h, fourth paragraph, of the Code of Civil Procedure BES ;
o. 'crisis plan referred to in Article 16 of the Security Regions Law': Disaster and Crisis Plan, intended to be carried out in Article 44 of the Safety Act BES .
The Articles 8 (3), (14) to (17) , and 64 shall not apply in the public entities Bonaire, Sint Eustatius and Saba. Article 65 shall not apply to public health officials in the public sector, Bonaire, Sint Eustatius and Saba, as regards public health officials.
In any case, in order to carry out the tasks entrusted to or under this Law, the driver shall ensure that it has at least one medical practitioner in charge of the control of infection.
2 In the case of a general measure of management, requirements relating to the level of training or the competence of the medical practitioner referred to in the first paragraph may be required.
The driver shall be responsible for the provision of vaccinations and under conditions of the vaccination programme to be established under the control of our Minister.
1 Where there is a presumption of contamination of goods, the authoritative authority may prohibit or prohibit the placing on the territory of the public body of the goods, or prohibit them if they are not complied with by order rules. The authority shall lift the measure if the hazard has ceased.
2 If a body is infected with an infectious or toxic agent, or an infectious or toxic agent, or a well-founded suspicion exists for that, which may constitute a serious risk to public health, the authoritative authority may take measures to ensure that such an agent is not -To avert danger. These measures consist of the reduction of blood or other liquids, the isolation or the burning of the body.
1 Our Minister, in agreement with our Minister of Security and Justice, may appoint a laboratory to conduct research for public health and justice in the public bodies of Bonaire, Sint Eustatius and Saba.
2 The following bodies may rely on the organization referred to in paragraph 1: the medical certificate provided for in the first paragraph of this Article. Article 68c, first paragraph , the State Supervision for Public Health, the RIVM and the Public Prosecutor ' s Office of Bonaire, Sint Eustatius and Saba.
3 The designation shall be withdrawn if the organisation of the joint judgment of Our Minister and of the Minister for Security and Justice proves to be no longer able to carry out the laboratory investigation properly or to carry out its own public importance this is required.
4 The organization, referred to in paragraph 1, shall draw up an annual report of its activities by 1 July each year, as well as the effectiveness and effectiveness of its activities and practices over the past year. The report shall be sent to Our Minister.
5 The workers of the organization referred to in paragraph 1 shall be obliged to keep confidential what has become known to them in the performance of their duties, except in so far as any statutory provision requires them to be published; or the fulfilment of the task imposed by this Law results in the need for publication.
Under the arrangements of Our Minister, a special benefit may be provided to the public entities Bonaire, Sint Eustatius and Saba for the performance of the tasks in this Act, and rules may be set about:
(a) the determination of the benefit;
b. the obligations attaching to the grant of the benefit;
c. the payment and recovery of the benefit.
1 In terms of whether or under this Act for Public Bodies Bonaire, Sint Eustatius and Saba certain are the officials of the State Supervision on the Public Health in charge of exercising the Article 36, first and second paragraph, of the Health Act specified tasks. Article 36, third paragraph, of the Health Act does not apply.
2 With the detection of the facts alleged by or under this Act in public bodies Bonaire, Sint Eustatius and Saba, without prejudice to Article 184 of the Code of Criminal Procedure BES , the officials of the State Supervision for Public Health.
For the application of administrative coercion in the public bodies Bonaire, Sint Eustatius and Saba are under this law Articles 68j and 68k applicable.
1 Coercion includes the removal, removal, prevention, restoration or execution of, in the previous situation, the execution of, or failing to do, contrary to the relevant provisions of this Act.
2 A decision to apply administrative coercion shall be made in writing and shall be considered as a decision. The decision shall state which rule has been infringed.
3 The decision shall be made public to the offender and other interested parties.
4 The decision shall set up a period within which the offender and any other rightholders may prevent the enforcement of administrative coercion by taking the measures provided for in the Decision. No period of time need to be awarded if the required urgency is opposed.
5 If the situation is so urgent that the decision to apply administrative coercion can not be written in advance, the notice and publication shall be provided as soon as possible.
1 The offender shall be liable to the costs of applying administrative compulsion, unless the costs are reasonably to be borne by the offender or not entirely.
2 The decision states that the application of administrative coercion at the expense of the offender will take place.
3 If, however, the costs will not be charged, in whole or in part, to the offender, it shall be mentioned in the Decision.
4 Under the costs are understood the costs associated with the preparation of administrative coercion, to the extent that these costs have been incurred after the time at which the period specified in Article 68j, fourth paragraph -It's over.
5 The costs are also due if the administrative coercion has not been fully implemented or has not been fully implemented by the lifting of the unlawful situation.
6 In the case of a compulsory order, the offender may be charged with the costs due, plus the costs to which the infringement is to be recovered.
7 The coercive order shall be served on the charges of the offender upon bailier and shall deliver an enforceable title in the sense of the person. Law of Civil Procedure BES .
8 For six weeks after the day of service, resistance to the order of order shall be open by summons of the public body.
9 The resistance shall suspend implementation. At the request of the public body, the Court of First Instance of Bonaire, Saint Eustatius and Saba may waive the suspension of enforcement.
10 The costs associated with the application of administrative coercion are privileged on the case in respect of which they are spent and are subject to the costs, referred to in Article 284 of the Civil Code BES -From the proceeds of the case.
1 With a detention of up to six months or a fine of the third category, the person who acts in contraa shall be punished Article 68e, first paragraph , or that the body referred to in Article 68e, second paragraph, withdraws from a measure taken under that article.
2. In the case of a detention of a maximum of six months or a fine of the third category, the person who is accused of being subject to the obligation of professional secrecy, shall be punished by the person who Article 68f, fifth paragraph She's in violation.
3 With a prison sentence of not more than two years or a fine of the fourth category, the person who intentionally means the obligation of professional secrecy, shall be penalised. Article 68f, fifth paragraph She's in violation.
4 No prosecution shall be instituted other than at the request of the person in respect of which the obligation of professional secrecy is subject to Article 68f, fifth paragraph -It's been violated.
5 The offences committed in the first and second paragraphs are offences. The offence referred to in the third paragraph shall be a criminal offence.
The Collective prevention of public health law , the Infectious disease law and the Quarantine Act shall be withdrawn.
This Law shall enter into force on a date to be determined by Royal Decree, which may be adopted in a different way for the various articles or parts of such articles.
This law is cited as: Public health law.
Burdens and orders that it will be placed in the Official Gazette, and that all ministries, authorities, colleges and officials who so concern will keep their hands on the precise execution.
Entry
' s-Gravenhage, 9 October 2008
Beatrix
The Minister for Health, Welfare and Sport,
A. Link
Issued on the 18th of November 2008The Minister of Justice,
E. M. H. Hirsch Ballin
