818.101 federal law on the fight against communicable diseases, human (law on epidemics, Sara) of September 28, 2012 (Status January 1, 2016) the Federal Assembly of the Swiss Confederation, the art. 40, al. 2, 118, al. 2, let. (b), 119, al. 2, and 120, al. 2, of the Constitution, given the message of the federal Council on December 3, 2010, stop: Chapter 1 General provisions and principles art. 1 purpose this law regulates the protection of humans against communicable diseases and provides the necessary measures to this effect.
S. 2 purpose this Act is designed to prevent and combat the emergence and spread of communicable diseases.
The measures it plans pursue the following goals: a. monitor communicable diseases and acquire fundamental knowledge about their spread and their evolution; b. detect, assess and prevent the appearance and spread of communicable diseases; c. encourage the individual, certain groups of people and institutions to help prevent and combat communicable diseases; d. create organizational frameworks Professional and financial required to detect, monitor, prevent, and combat communicable diseases; e. ensuring access to facilities and means of protection against communicable diseases; f. reduce the effects of communicable diseases on society and individuals.
S. 3 definitions for the purposes of this Act, means: a. communicable disease: a disease caused by pathogens or toxic products, that can be transmitted to humans; b. observations: the results of clinical analyses (e.g., diagnoses of suspicion, diagnosis confirmed, deaths), the results of laboratory analyses (e.g., results of tests, highlighted directly or indirectly of pathogens (, typing and resistance tests), the results of epidemiological analyses (e.g. data) related to healthcare-associated infections or any event (e.g. objects or substances suspected) related to communicable diseases; c. pathogen: a natural or genetically modified organism (e.g. virus, bacteria, fungus, Protozoan, or other parasite), a substance (e.g., prion, toxin) or genetic material that can cause or aggravate a communicable disease; d. use of pathogenic agents : any operation involving pathogens, in particular their production, their multiplication, dissemination, putting them into circulation, importation, exportation, transit, their detention, their jobs, their storage, transport or disposal.
S. 4 goals and strategies. the federal Council shall, with the assistance of the cantons, the objectives and strategies to detect, monitor, prevent, and combat communicable diseases.
The definition of objectives and strategies will take into account in particular the following elements: a. the conclusions drawn from the reports referred to in art. 76; b. recommendations and international guidelines; c. the current state of the science.
The Confederation and the cantons shall ensure that reports if the objectives have been achieved and shall take the necessary measures.
S. 5 national programs the federal Office of public health (FOPH) is developing, with the assistance of the cantons, national programs to detect, monitor, prevent, and combat communicable diseases, in particular in the following areas: a. vaccinations b. care-related infections and the resistance of the pathogens; c. HIV and other pathogens of sexually transmitted diseases.
The Confederation and the cantons provide, within their respective competences, for the implementation of national programmes.
S. 6 special situations there are special situations in the following cases: a. ordinary implementing bodies are not able to prevent and combat the emergence and spread of a communicable disease and that there is one of the following risks: 1 a high risk of infection and propagation, 2. a specific risk to public health, 3. a risk of serious impact on the economy or other vital sectors.
b. the World Health (who) Organization has found the presence of a health emergency of international concern threatening the health of the population in Switzerland.
The federal Council may, after consultation with the cantons: a. order measures for individuals; b. order measures for the population; c. compel doctors and other professionals of health to participate in the fight against communicable diseases; d. declare mandatory vaccinations for the population at risk groups, particularly exposed persons and persons exercising certain activities.
The federal Department of the Interior (EDI) coordinates the actions of the Confederation.
S. 7 extraordinary situation if an extraordinary situation so requires, the federal Council may order the measures necessary for all or part of the country.
S. 8 measures preparatory the Confederation and the cantons shall take the necessary measures to prevent and limit in time the dangers and damage to public health.
The FOPH can instruct the cantons to take certain measures in anticipation of a specific risk to public health, including: a. detection and monitoring communicable diseases; b. measures measures individuals; c. measures targeting the population; d. measurements of distribution of therapeutic products.
Chapter 2 Information and exchange of information article 9 information the SFOPH informs the public, certain groups of people, the authorities and professionals of the risk of communicable diseases and possible measures to prevent and combat them.
It publishes regular surveys and analyses related to the nature, occurrence, causes and the spread of communicable diseases.
It publishes recommendations on measures to combat communicable diseases and the use of pathogens and adapt them regularly to the State of the science. If other federal offices are involved, the FOPH is with their agreement.
The FOPH and the competent cantonal authorities coordinate their information activity.
S. 10 Exchange of information the SFOPH ensures that the cantons receive the information they need to prevent and combat communicable diseases.
Federal services and the competent cantonal services Exchange research results, specific knowledge and information on education programmes and monitoring programs.
Chapter 3 Detection and monitoring Section 1 Declarations art. 11 systems for early detection and monitoring the SFOPH operates, in collaboration with other federal agencies and with the competent cantonal services, early detection and communicable disease surveillance systems. It ensures coordination with international systems.
S. 12 obligation to notify doctors, hospitals and other public or private health institutions are required to report the following bodies comments related to communicable diseases, including information identifying sick, infected or exposed persons to determine the transmission path: a. the competent cantonal authority; b. the competent cantonal authority and the FOPH, when certain types of pathogens are at stake.
Laboratories are required to report to the competent cantonal authority and the FOPH results infectiologiques, including indications identifying sick or infected persons.
The federal Council may provide for an obligation to declare the measures in prevention and control as well as their effects and send samples and the results of analyses to the laboratories designated by the competent authorities.
The competent cantonal authorities are required to declare to the FOPH comments revealing the presence of a hazard to public health.
The captains of ships and captains say the operators of ports or airports observations indicating a danger to public health.
Must be the object of a declaration following observations relating to communicable diseases: a. likely to cause disease an epidemic; b. diseases affect bass; c. newly emerged diseases or unexpectedly; d. diseases subject to monitoring in the context of an international agreement.
S. 13 form and contents of statements the federal Council determines the observations which the declaration is mandatory, as well as the procedures and the criteria of declaration as well as the applicable time limits.
In some cases, it may limit the obligation to declare is submitting only some doctors, hospitals or other public or private health institutions or laboratories.
S. 14 comments for purposes of epidemiological surveillance and research epidemiological surveillance or research purposes, the FOPH may agree with the doctors, laboratories, hospitals or other public or private health institutions that they will transmit to the Department designated by the FOPH's observations not subject to mandatory reporting.
Observations are sent after having been anonymised.
S. 15 epidemiological investigations
The competent cantonal authorities carry out the necessary epidemiological investigations, in particular on the type, the cause, the source of infection and the spread of a disease identified or assumed. They coordinate their activities and advise the FOPH's results.
The competent federal authority provides technical support to the cantonal authorities in carrying out epidemiological surveys. It can conduct itself such investigations, including if requested to do so by the relevant canton.
Section 2 laboratories art. 16 authorisation microbiological analysis laboratories to detect communicable diseases must hold an authorisation issued by the competent federal authority.
The federal Council has the following tasks: a. it means the competent federal authority; b. it stops eligibility and authorization procedure; c. it defines the obligations of the holder of the authorization; d. It fixes the modalities of monitoring and in particular provides for the possibility to carry out unannounced inspections.
Medical offices and hospitals laboratories, pharmacy pharmacies and other laboratories carrying out analyses infectiologiques in the context of basic health care under the Federal Act of 18 March 1994 on health insurance (LAMal) can do without permission.
RS 832.10 s. 17 national centres of reference and confirmatory analyses the SFOPH laboratories may designate some national centres of reference laboratories or laboratories of confirmation of analyses and give them special analyses or other specific tasks.
S. 18 network of laboratories the cantons operate a network of regional laboratories and ensure collaboration with the competent federal authorities and high-security laboratories.
Chapter 4 prevention measures Section 1 General measures of prevention article 19. the Confederation and the cantons take measures to control and to avoid or mitigate the risks of transmission of diseases.
The federal Council may: a. require hospitals, clinics and other health institutions to decontaminate, disinfect and sterilize their medical devices; b. require businesses and the organisers of events whose activities are increasing the risk of transmission of diseases to prevention and information materials and to comply with certain rules of conduct; c. instruct institutions from the fields of education and health to provide information on the risks related to communicable diseases and advice on ways to prevent and fight; d. instruct public or private institutions entrusted with specific duties in matters of protection of the health of the people they load to take prevention measures; e. submit to record technical facilities that pose a risk of spread of communicable diseases.
Section 2 Vaccinations article 20 national plan of immunization the SFOPH develops and publishes recommendations (national vaccination plan) in collaboration with the Federal Commission for vaccinations.
Physicians and other health professionals contribute to the implementation of the national plan of vaccination in the context of their activity.
They shall inform the persons concerned of the recommendations contained in the national vaccination plan.
S. 21 promotion of vaccination the cantons encourage vaccination by the following measures: a. inform the persons concerned of the recommendations contained in the national vaccination plan; b. regularly check the immunization status of children and adolescents during compulsory schooling; c. ensure that the persons covered by the recommendations are complete vaccination.
The cantons may in particular take the following measures: a. provide vaccinations under the service medical school; b. perform free vaccinations or deliver vaccines at a lower than market price.
S. 22 mandatory vaccinations the cantons can declare mandatory vaccinations for groups at risk, for particularly vulnerable people and those engaged in certain activities, provided that a serious danger is established.
S. 23 international certificate of vaccination or prophylaxis the federal Council may submit to the regime of the declaration or authorization vaccinations requiring an international certificate attesting a vaccination or another measure of prophylaxis within the meaning of art. 36 of the international health regulations (2005) of 23 May 2005.
The federal Council has the following tasks: a. it means the competent authority; b. it stops eligibility and authorization procedure; c. it stops the methods of vaccination and authorised vaccines.
RS 0.818.103 s. 24 monitoring and evaluation the expert federal authorities monitor regularly, with the assistance of the cantons, the adequacy and the effectiveness of the vaccination measures.
The competent cantonal authorities identify the number of vaccinated persons and shall regularly inform the FOPH's vaccination rates and measures taken to increase.
The FOPH regularly monitoring and evaluation reports and publishes them in an appropriate form.
Section 3 safety organic s. 25 duty of care anyone who uses pathogens or their toxic products is required to take the necessary measures to prevent any endangerment of human beings.
S. 26 use of pathogens in confined all containment measures to avoid endangering human beings must be taken when using pathogenic agents in a confined environment.
The federal Council makes the use of pathogens to notification or permission and regulates the conditions and procedure.
The federal Council may provide for a notification procedure or simplified authorisation or a derogation from the regime of the notification or permission for certain pathogens and certain activities involving such agents if, according to the State of the science and experience, any danger to health is excluded.
S. 27 release and placing on the market anyone intends to disseminate pathogens for research purposes or putting them on the market shall hold a permit issued by the Confederation.
The federal Council shall adopt the conditions and the procedure for authorisation as well as informing the public in what for the tests of dissemination.
The federal Council may provide for derogations from the regime of the approval to determined if pathogens, according to the State of the science or experience, danger to health is excluded.
S. 28 information of purchasers who puts pathogens on the market shall inform the purchasers of their properties, hazards they pose to health and precautionary and protective measures to be taken.
S. 29. other provisions of the federal Council, the federal Council may prescribe the following provisions: a. establish the terms of the transport of pathogens and subject to authorisation importation, exportation and transit; b. restrict or prohibit the use of certain pathogens; c. determine the conditions which must answer the enclosed equipment and the training of persons who use pathogens; d. prescribe that containers containing pathogens should wear a distinctive mark.
Chapter 5 measures Section 1 measures individuals art. 30 principle measures referred to the art. 33-38 may be ordered only on the following conditions: a. less stringent measures are not likely to prevent the spread of a communicable disease or no there are not enough; b. the measure concerned to prevent a serious risk to the health of others.
The orderly measure must be necessary and reasonable.
S. 31 measures ordered the competent cantonal authorities ordered the measures referred to the art. 33-38.
The competent federal authorities support the cantons in identification and information of individuals, including international travellers.
When a measure is ordered, the person concerned is informed of the reasons for this decision and the probable duration of the measure.
The measures ordered may not last longer that it is needed to prevent the spread of a communicable disease and prevent a serious risk to the health of others. The measures are reviewed regularly.
S. 32 implementation by way of a constraint the competent cantonal authorities who have ordered medical surveillance, quarantine, isolation, or a medical examination can provide for their execution by way of a constraint.
S. 33 identification and information ill persons, presumed ill, infected, presumed infected or who excrete pathogens may be identified and information them be communicated.
S. 34 medical surveillance sick persons, presumed ill, infected, presumed infected or who excrete pathogens can be placed under medical supervision.
The persons concerned are required to inform the competent doctor on their State of health and their contacts with third parties.
S. 35 quarantine and isolation if medical monitoring is insufficient, the following measures may be taken:
a. quarantine of suspected diseased or suspected infected persons; b. implementation isolation people ill, infected or who excrete pathogens.
If necessary, the persons concerned can be placed in a hospital or another appropriate institution.
Hospital or institution must ensure that the staff and all other persons who may be at risk should be protected from contagions.
S. 36 medical examination sick persons, presumed ill, infected, presumed infected or who excrete pathogens may be required to undergo a medical examination and collecting.
S. 37 medical treatment sick persons, presumed ill, infected, presumed infected or who excrete pathogens may be required to undergo medical treatment.
S. 38 total or partial prohibition to practise certain activities a sick person, presumed ill, infected, presumed infected or that excretes pathogens can be hit of a total or partial prohibition to exercise his profession or certain activities. These may be required to report at the earliest opportunity to the authority cantonal competent any change in their canton of residence, their activities or the exercise of their profession.
If a person is under a ban on full or partial to exercise certain activities or profession and that it is required in addition to declare changes in his canton of residence, business or the exercise of his profession, the competent cantonal authority shall inform the competent authorities of the canton concerned.
S. 39 doctors physicians who treat or monitor sick people, presumed ill, infected, presumed infected or tasks which excrete pathogens shall take all measures in their power to prevent the spread of a communicable disease. If it is necessary that measures be taken by the authorities, they shall inform the competent cantonal authority.
Section 2 measures the population or certain groups of persons art. 40. the competent cantonal authorities order the necessary measures to prevent the spread of communicable diseases among the population or in certain groups of people. They coordinate their action.
In particular, they may take the following measures: a. issue the ban total or partial manifestations; b. close schools, other public institutions or private companies, or regulate their operation; c. prohibit or restrict the entry and the exit of some buildings or areas, or certain activities taking place in defined places.
The measures ordered may not last longer it is necessary to prevent the spread of a communicable disease. The measures are reviewed regularly.
Section 3 measures the international transportation of persons art. 41 entry and exit the federal Council lays down provisions concerning the international carriage of persons in order to prevent the cross-border spread of communicable diseases.
If this is necessary to prevent the spread of a communicable disease, the FOPH can impose the following obligations on persons entering Switzerland or leaving: a. do know their identity, their contact information and their itinerary; b. present a certificate of vaccination or other prophylaxis action; c. provide information on their State of health; d. present a medical certificate; e. to submit to a medical examination.
The FOPH can impose on people who enter Switzerland a measure within the meaning of the art. 34, 35, 37 and 38; the art. 30 to 32 shall apply by analogy. If necessary, the federal Council may temporarily extend these measures to all people from an area at risk.
The FOPH may provisionally refuse the release of the country to sick people, presumed ill, infected, presumed infected or who excrete pathogens, if necessary to prevent the spread of a communicable disease.
S. 42 arrangements by operators of ports or airports companies take the measures necessary for the implementation of the measures referred to in art. 41. they have their own emergency plans.
The federal Council designates ports or airports operators to make available the capabilities required in annex 1 B of the international health regulations (2005) of 23 May 2005.
RS 0.818.103 s. 43 obligation to collaborate companies ensuring cross-border transport people by train, by car, by boat or by plane, the operators of ports, airports, railway stations or road that tour operators are obliged to cooperate in the implementation of the measures referred to in art. 41. they may be required, to the extent of their infrastructure technical means to take the following measures: a. inform travellers of the risks of communicable diseases and of ways to prevent and fight them; (b) collect the information necessary for the identification of a person or early detection of ill people, presumed ill, infected, presumed infected or who excrete pathogens; c. provide lists of passengers or goods to the competent authorities; d. facilitate medical examination of travellers; e. facilitate the transport of sick persons, deemed sick, infected, presumed infected or who excrete pathogens to a hospital or another appropriate institution.
They make available the infrastructure and staff needed to implement the measures referred to in the al. 1 section 4 measures special s. 44 supply therapeutic products the federal Council ensures the supply of the population in the most important therapeutic products fight against communicable diseases, insofar as this supply cannot be guaranteed by means of the measures provided for by the law of October 8, 1982, on the supply of the country.
It may issue provisions on the following measures: a. the allocation of these products; b. the distribution of these products c. simplification of import and the limitation or ban on the export of these products, if these measures are necessary to prevent a health risk; d. reserve of therapeutic products in hospitals and other health institutions. It may provide measures to supply the Swiss abroad in therapeutic products.
SR 531 s. 45 transport of goods the federal Council can enact provisions on transport, import, export and transit of goods likely to transmit disease-causing agents. It may in particular lay down the following provisions: a. attach the requirements must meet the required protection measures for the transport of goods; b. prescribe analyses of goods to detect certain pathogens; c. limit or prohibit the transport, import, export or transit of goods.
The federal Council may delegate the execution of certain measures in the cantons.
S. 46 transport of corpses the federal Council lays down the provisions applicable to the transport and burial of corpses.
It regulates the transport of corpses, that they pass through the Switzerland or are sent to Switzerland from abroad or from abroad from the Switzerland.
S. 47 combat organizations in the event of organizations capable of transmitting pathogens to humans, federal services and the competent cantonal services take and coordinate measures to combat these organisms or prevent their occurrence.
Companies transporting people by train, by car, by boat or by plane, the operators of ports, airports, railway or road train station as well as tour operators, are obliged to cooperate in the implementation of these measures.
S. 48 disinfections and infestations in order to prevent the spread of communicable diseases, the competent cantonal authorities ensure disinfection and the infestations, especially means of transport and goods.
Companies transporting people by train, by car, by boat or by plane, the operators of ports, airports, railway stations or road as well as tour operators are obliged to cooperate in the disinfections and infestations.
S. 49 certificates necessary for transport by boat the competent cantonal authorities issue health certificates necessary for the transboundary transport by boat.
Chapter 6 incentive measures art. 50 grants to public or private organisations the FOPH can allocate, within the limit of the authorized appropriations, financial assistance to public organizations or private implementing national public interest measures to detect, monitor, prevent or combat communicable diseases.
S. 51 encouragement of the production of therapeutic products the Confederation may allocate financial aid to encourage production in Switzerland of therapeutic products within the meaning of art. 44 when it is not possible to guarantee the supply of the population in the event of special or extraordinary situation otherwise.
It may grant financial aid, within the limits of the appropriations authorised in contributions base, contributions to investment and projects-related contributions.
It can allocate contributions to producers who meet the following requirements: a. they prove that they have the knowledge and skills required for the development or production of therapeutic products; b. they undertake to produce them in Switzerland; v. guarantee priority delivery of these products to the authorities in case of special or extraordinary circumstances.
S. 52 indemnities to the SFOPH laboratories allocates allowances to designated national centres of reference laboratories or laboratories of confirmation of analyses to cover costs arising from the specific tasks assigned to them.
Chapter 7 organization and procedure Section 1 cantonal bodies and federal arts. 53 cantonal doctors each canton shall designate a cantonal physician. Several cantons can designate a single cantonal physician.
The cantonal physician coordinates its activities with those of other authorities and institutions involved in the fight against communicable diseases. If it finds a disease linked to a foodstuff, it shall inform the cantonal chemist.
Federal Council sets out the qualifications to be met by the cantonal doctors.
S. 54 coordinating body the Confederation and the cantons create a body to promote coordination. For certain issues, in particular the detection, surveillance, prevention or for zoonoses, they may be of sub-bodies.
The coordinating body and its sub-bodies are composed of representatives of the Confederation and the cantons. Where necessary, other experts may also be appointed.
They are particularly responsible for the following tasks: a. coordinate preparedness in situations involving a particular risk to public health; b. coordinate measures to detect, prevent or combat diseases; c. encourage a uniform enforcement of the Act; d. coordination of information and communication; e. assist the body to Confederation in case of special or extraordinary situation response.
The federal Council shall adopt the terms of appointment and direction of the body coordination and its sub-bodies.
S. 55 appellate intervention the federal Council has a body of intervention for events with a particular risk to human health, especially to deal with a special or extraordinary situation.
The appellate intervention is responsible for the following tasks: a. Advisor federal Council; b. assisting the Confederation and the cantons in the coordination of measures.
S. 56 federal commission for the Federal Commission for immunizations immunizations advises the federal Council during the drafting of provisions; It also advises the authorities responsible for the enforcement of this Act.
The commission is notably responsible for the following tasks: a. develop immunization for the FOPH recommendations; b. establish medical criteria for assessing the degree of reaction to a vaccine; c. advise the DFI on issues related to the payment of compensation (art. 64) or a moral reparation (art. 65).
It is composed of specialists outside the administration and having scientific or practical knowledge on the issues of immunization.
It collaborates with other federal or cantonal bodies which deal with matters of vaccination.
S. 57 federal expert commission for biosafety the Commission Federal of experts on Biosafety advises the federal Council during the drafting of provisions; It also advises the authorities responsible for the enforcement of this Act.
Section 2 processing of data art. 58 treatment of personal data the SFOPH, the competent cantonal authorities and public or private institutions performing duties under this Act may treat or treatment of personal data, including data relating to health, for as much as they are necessary for the identification of ill persons, presumed ill, infected, presumed infected or who excrete pathogens in the context of the public health protection measures , so particular to detect, monitor or communicable diseases.
They shall comply with the provisions relating to the protection of data.
The data collected may be kept for more than ten years, unless a longer retention is justified by the nature of the disease. The data are then destroyed or made anonymous.
S. 59 communication of personal data federal or cantonal services responsible for the implementation of this Act may exchange personal data, including data relating to health, if they need to accomplish the tasks entrusted to them under this Act.
They can including exchange the following information: a. name, surname, address, date of birth and occupation; b. borrowed routes, places to stay, contact with other people, animals or objects; c. results of medical tests; d. epidemiological surveys; e. belonging to a group at risk; f. Prevention and control measures against a communicable disease.
If this is necessary to prevent the spread of a communicable disease, the FOPH and the cantonal authorities responsible for enforcement of this Act are entitled to communicate personal data, including data relating to health, to the people and following authorities: a. medical expenses of treating communicable diseases; b. cantonal authorities performing duties to detect, monitor prevent or combat communicable diseases; c. other federal authorities, if they need to apply the acts whose execution is their responsibility.
S. The SFOPH information 60 system manages an information system identifying data on sick people, presumed ill, infected, presumed infected or who excrete pathogens.
The information system contains the following data: a. indications for unequivocal identification of the persons concerned and to enter into contact with them; b. routes borrowed, places to stay, contact with other people, animals or objects; c. results of medical tests; d. measures of prevention and fight against a communicable disease.
The information system serves the following tasks: a. identify and inform the prosecution of persons sick, ill, infected, presumed infected or who excrete pathogens; b. implement the measures provided for in arts. 33-38.
It allows Furthermore a uniform treatment of the data by the competent authorities, the compilation of statistics and control of execution.
The FOPH is responsible for the security of the information system and dela lawfulness of the processing of personal data. The cantons take, in their field of expertise, organizational and technical measures to ensure the security of the data.
The FOPH verifies the accuracy of the data provided. It corrects those that are inaccurate, destroyed those which are not essential, and inform the data provider.
The information system may be accessed online by the FOPH, by the cantonal authorities responsible for the implementation of this Act and the Health Service coordinated, in the performance of their duties.
The federal Council laid down the conditions for the storage and deletion of data, and defines the access rights.
The right to obtain information on the data contained in the information system and the right to rectify the data are governed by arts. 5 and 8 of the Federal law of June 19, 1992, on the protection of data. Applications to obtain a right of access to personal data and measures to correct inaccurate data should be directed to the FOPH.
SR 235.1 s. 61 statistical data the federal statistical Office provides each year of the FOPH, for statistical purposes, data from statistics on causes of death and medical statistics from hospitals.
S. 62 communication of personal data to foreign authorities if this measure is necessary to perform this Act, the FOPH and the competent cantonal authorities can communicate personal data, including data relating to health, to foreign authorities or supranational or international organisations that perform similar tasks, provided that the State concerned, and especially its legislation , or these organizations provide to concerned an adequate level of protection of the personality.
They can communicate in particular the following information: a. name, surname, address, date of birth and occupation; b. borrowed routes, places to stay, contact with other people, animals or objects; c. results of medical tests; d. results of epidemiological surveys; e. belonging to a group at risk; f. Prevention and control measures against a communicable disease.
In the absence of legislation providing an adequate level of protection, it is possible to communicate personally identifiable abroad only if at least one of the following conditions is met:
a. sufficient, including contractual safeguards, allow to ensure an adequate level of protection abroad; b. the person concerned gave in this case consent; c. communication is necessary in this case to the protection of public health and communication is necessary in this case to protect the life or bodily integrity of the person concerned.
Chapter 8 Section 1 compensation compensation for consequential damages to measures ordered by the authorities art. 63. the authority ordering a measure referred to the art. 33 to 38 or 41, al. 3, can compensate, taking into account the economic situation of the beneficiaries, persons who suffer damage due to this measure provided that it is not covered otherwise.
Section 2 compensation and legal redress for damage resulting from immunizations Art. 64 compensation any person who has suffered harm as a result of vaccination ordered or recommended by the authorities may assert a right to compensation.
Compensation shall be granted only if the damage, despite reasonable efforts, may not be covered otherwise.
S. 65 moral redress any person who suffered damage as a result of vaccination ordered or recommended by the authorities may assert a right to moral redress where warranted by the gravity of the infringement; the art. 47 and 49 of the code of obligations shall apply by analogy.
The amount of moral reparation is set according to the seriousness of the infringement.
It may not exceed 70 000 francs.
A moral reparation is granted if the claimant received no benefits from third parties, or if they were insufficient. Benefits that the claimant has received from third parties as a moral reparation are deducted from the amount of the legal remedy.
RS 220 s. 66 application, time and interest anyone who intends to assert his right to compensation or moral compensation must apply to the DFI.
Any person who has suffered harm as a result of a vaccination must introduce its request for compensation or moral redress until the age of 21 years or within a period of five years from the date of the vaccination.
No interest is due for compensation and moral reparation.
S. 67 reduction or refusal of compensation or the moral reparation the DFI may reduce or refuse a moral reparation or compensation if the person who suffered the damage has contributed significantly to cause impairment.
S. 68 apportionment of costs in the case of a recommended vaccination, the Confederation and the canton where the vaccination occurred assume each half of the costs of compensation or the moral reparation.
In the case of a mandatory vaccination, the full costs related to compensation or the moral reparation are supported: a. either by the Confederation, if it said compulsory vaccination; b. by the canton which said compulsory vaccination.
S. 69 competence and procedure the DFI decides, after hearing the Federal Commission for vaccinations and the canton concerned, if a moral reparation or compensation will be paid.
Anyone who seeks a moral reparation or compensation should establish probable way that he received no benefits from third parties or that they were insufficient.
The appeal procedure is governed by the General provisions of the Federal procedure.
Section 3 compensation for damage suffered by the arts producer 70. If the Confederation recommends or directs the use of a drug product within the meaning of art. 44 special or extraordinary situations, it can undertake to repair the damage suffered by the producer.
The amount and terms of compensation are set out in an agreement between the Confederation and the producer.
Chapter 9 funding art. 71 costs of the cantons cantons incur the cost: a. measures individuals or the population, insofar as such costs are not covered otherwise; b. epidemiological surveys within the meaning of art. 15, al. 1 s. 72 costs of disinfection and disinfestation the owner of the means of transport, installation or goods concerned shall pay the costs of disinfection and disinfestation.
S. 73 cost of therapeutic products supply the Confederation assumes the cost of supply of the population in therapeutic products provided for in art. 44. the support of the costs associated with the delivery of therapeutic products is governed by: a. the Federal Act of 18 March 1994 on health insurance; b. the Federal Act of 20 March 1981 on accident insurance; c. the Federal Act of 19 June 1992 on military insurance.
When costs only are not or not fully supported under para. 2, they are borne by the Confederation.
RS 832.10 RS 832.20 RS 833.1 s. 74 cost of measures applied to the international transport of persons the Confederation assumes the cost review, surveillance, quarantine, isolation and treatment of international travellers when these measures were ordered by its organs, as well as costs arising from the obligation to cooperate provided for in art. 43, al. 1, let. b, d and e.
Companies providing cross-border transport people by train, by car, by boat or by plane, the operators of ports, airports, railway stations or road as well as tour operators assume costs related to the application of art. 42 and the obligation to cooperate provided for in art. 43, al. 1, let. a and c. The Confederation may participate in any costs or extraordinary expenses if they cause an excessive burden on the undertakings concerned.
Chapter 10 Execution Section 1 townships s. 75 principle the cantons perform this Act to the extent that its performance is not up to the Confederation.
S. 76 reports the cantons shall report to the DFI on execution of the law.
The federal Council sets the frequency, shape and content of the reports.
Section 2 Confederation art. 77 supervision / coordination the Confederation monitors the execution of this Act by the cantons.
It coordinates enforcement of the cantons if a uniform implementation is of interest.
For this purpose, it may adopt the following provisions: a. impose to the cantons to take measures that allow a uniform implementation of the Act; b. in the event of risk to public health, enjoin cantons to implement certain measures for implementing; c. require townships that they shall inform him of the measures of execution; d. give the cantons to the guidelines for the preparation of their preparation or emergency plans.
S. 78 provisions implementing the federal Council enacts implementing provisions.
It may delegate to the competent office care to enact certain implementing provisions, taking into account their scope.
S. 79 delegation of implementing tasks the federal Council can delegate tasks falling within the execution of this Act to organizations or persons in public law or private law.
It monitors the institutions and the persons responsible for implementing tasks.
The organizations and persons in public law or private law performing duties of enforcement under the al. 1 may assert a right to compensation. The federal Council adopted the amount and terms of compensation.
S. 80 international cooperation. the federal Council may conclude agreements concerning: a. exchanging data under epidemiological surveillance; b. the exchange of information on the development and spread of communicable diseases; c. immediate information in the event of risk of cross-border spread of a communicable disease; d. harmonization of measures to detect, monitor, prevent or combat communicable diseases; e. the transboundary transport of corpses.
The competent federal authorities cooperate with the authorities and foreign institutions as well as with international organizations.
The FOPH perform the duties of the 'national focal point' in accordance with the international health regulations (2005) of 23 May 2005. He pointed out in particular to who with events that have an international public health emergency.
RS 0.818.103 s. 81 Evaluation the federal Council shall periodically review the effectiveness, adequacy and the costeffectiveness of measures taken under this Act.
Chapter 11 provisions criminal art. 82 offences A less that he has committed a more serious criminal code offence, is punishable by deprivation of liberty from three years at the most or a penalty anyone, intentionally, a. fails to take containment measures necessary when using pathogens dangerous in confined (art. 26); b. disseminates research purposes or put on the market without permission of pathogenic agents (art. 27); c. placing on the market of pathogens without duly informing the recipient of their properties, hazards that they pose to health and precautionary and protective measures to be taken (art. 28); d. breached total or partial prohibition to practise certain activities (art. 38).
Whoever acts negligently shall be liable to a penalty for the offences referred to in the al. 1 RS 311.0 s. 83 contravention is punishable by a fine who, intentionally:
a. infringes the obligation to report (art. 12); b. performs without authorization a microbiological analysis to detect communicable diseases (art. 16) v. contravened the provisions aimed at preventing the transmission of diseases (art. 19); d. establishes, without authorization, an international certificate of vaccination or prophylaxis (art. 23); e. breached the duty of care on the use of pathogens or their toxins (art. 25); f. breached other provisions on the use of pathogenic agents (art. 29); g. evades medical surveillance which has been imposed (art. 34); h. evading quarantine or isolation measures been imposed (art. 35); i. evades medical examinations that were imposed (art. 36); j. contravenes measures the population (art. 40); k. contravened the provisions on the entry and exit of the country (art. 41); l. breached the obligation to cooperate (article 43 47, al. 2, and 48, al. 2); Mr. contravened the provisions on transport as well as on the import, export or transit of goods (art. 45).
Whoever acts negligently shall be liable to a fine of 5000 francs at most for the contraventions referred to in para. 1 s. 84 skills and administrative criminal law the prosecution and trial of offences shall be borne by the cantons.
The art. 6, 7 (offences committed in a company) and 15 (false in the securities, fraudulent obtaining of a false finding) of the Federal Act of 22 March 1974 on administrative penal law shall also apply to the cantonal authorities.
RS 313.0 chapter 12 provisions finals s. 85 repeal of the law in force are hereby repealed: 1. the Federal Act of 18 December 1970 on the fight against communicable disease human; 2. the Federal law of June 13, 1928, on the fight against tuberculosis.
[RO 1974 1071, 1985 1992 c. I 2, 1991 362 ch. II 405, 1997 1155 annex c. 5, 2000 1891 c. III 2, 2001 2790 annex c. 6, 2003 4803 annex c. 7, 2004 4763 annex c. II 3, 2005 2293, 2006 2197 annex 95 4137 c., 2008 3437 c. II 34, 2012 7281].
[RS 4 377; RO 1964 961 ch IV let. a, 1974 1071 art. 37, 1985 1992 c. I 3, 1991 362 ch. II 406, 2006 2197 annex c. 96.]
S. 86 amendment of the law in force the undermentioned laws are amended as follows:...
Models can be found at RO 2015 1435.
S. 87 transitional authorities within the meaning of the art. 5, al. 1, 29A, al. 1, and 29 c, al. 2, of the Act of 18 December 1970 on epidemics remain valid until their date of expiry but for five years as of the entry into force of this Act.
Recognition within the meaning of art. 5, al. 1, of the Act of 18 December 1970 on epidemics remain valid until their date of expiry but for five years as of the entry into force of this Act.
Laboratories that are not subject to authorization under the old law, have no valid recognition and must under the new law be holders of an authorization are required to present a request to that effect within a period of one year from the entry into force of this Act. Concerned laboratories can continue to perform analysis until the decision of the competent federal authority.
RO 1997 1155, 2001 2790 s. 88 referendum and entry into force this law is subject to the referendum.
The federal Council sets the date of entry into force.
Date of entry into force: 1 January 2016 RS 101 FF 2011 291 ACF of 29 Apr. 2015.