The Kerala Public Health Act, 2023
Chapter 7 PREVENTION, NOTIFICATION AND TREATMENT OF COMMUNICABLE DISEASES AND NOTIFIABLE COMMUNICABLE DISEASES
Chapter 7 PREVENTION, NOTIFICATION AND TREATMENT OF COMMUNICABLE DISEASES AND NOTIFIABLE COMMUNICABLE DISEASES
28. Communicable diseases and notifiable communicable diseases.
- (1) All the diseases included in the definition of communicable disease as per sub-section (1) of section 2 of this Act shall deemed to be communicable diseases, for the purpose of this section.
- (2) For the purpose of this Act, notifiable communicable disease means,—
- (i) Tuberculosis;
- (ii) diseases which are included or to be added in future in the National Vector Borne Disease Control Programme, (Malaria, Filariasis, Japanese Encephalitis, Dengue Fever, Chikungunya, Kala Azar etc);
- (iii) Zika;
- (iv) all the fevers included in the category of Typhus (Scrub Typhus, Epidemic typhus etc);
- (v) Anthrax;
- (vi) fevers in the category of Influenza-A including Avian Influenza;
- (vii) all fevers having the symptoms of Encephalitis/Meningitis;
- (viii) diseases which are included or to be added in future in the Universal Immunisation Programme (Polio, Diphtheria, Pertussis, Tetanus, Measles, Hepatitis-B, Pneumonia or Meningitis caused by Haemophilus Influenza-B, diseases caused by Pneumococcus, Rubella etc);
- (ix) Accute flaccid paralysis;
- (x) Monkeypox;
- (xi) Rabies;
- (xii) Nipah;
- (xiii) SARS, Middle East Respiratory Syndrome, Corona virus infections like COVID-19;
- (xiv) Leptospirosis;
- (xv) Plague;
- (xvi) Leprosy;
- (xvii) Infections which the Government decides to be reported in the background of the threat of Antimicrobial Resistance; (xviii) Diseases which are declared as notifiable by the Central or State Governments from time to time, throughout the State or a part of it.
- (3) Government may declare any disease, communicable or otherwise, for which government requires collection of data or following treatment protocols as a disease of public health importance.
- (4) When any notifiable communicable disease comes to the notice or knowledge of any person or Government Hospital or Private Hospital or Clinic or Laboratory or research institutions, such person or the institution shall forthwith report the same to the Public Health Officer. On receipt of such information, the Public Health Officers shall forthwith intervene to control the spread of such diseases and to eradicate them.
- (5) Any person or institution who fails to report an incident referred to in sub- section (4), shall liable to fine specified in section 65.
Chapter 7 PREVENTION, NOTIFICATION AND TREATMENT OF COMMUNICABLE DISEASES AND NOTIFIABLE COMMUNICABLE DISEASES
29. The healthcare and prevention of communicable diseases of migrant labourers.
The Local Public Health Officer shall with the co-operation of Health Department, Labour Department and Local Self Governments, undertake the following activities,—
- (i) shall with the assistance of Health Department arrange health check-ups for migrant labourers at regular intervals and ensure it is implemented;
- (ii) if communicable diseases or diseases for which health programmes for eradication from the State are in existence are found out in such check-ups, the Local Public Health Officer shall inform it in writing to the District Public Health Officer;
- (iii) when anyone in the dwelling places of migrant labourers is affected with communicable disease or there is a spread, it shall be ensured that treatment is available to such persons and steps are taken for prevention and control of communicable disease in such places.
Chapter 7 PREVENTION, NOTIFICATION AND TREATMENT OF COMMUNICABLE DISEASES AND NOTIFIABLE COMMUNICABLE DISEASES
30. Maintenance of isolation hospitals and wards.
- (1) The Local Public Health Officer shall with the assistance of Local Self Governments, if necessitated by the nature of the disease, take the following activities, namely:—
- (a) arrange hospitals, wards or other places for examining and treating persons having communicable disease or notifiable communicable disease;
- (b) provide and maintain conveyances for carrying persons having communicable disease or notifiable communicable disease;
- (c) arrange facilities for diagnosis and treatment of persons who are suffering or suspected to suffer from communicable disease or notifiable communicable disease; and
- (d) ensure conveyances, cloths, beds or other articles which had been exposed to infection are disinfected in proper manner.
- (2) Each healthcare institutions shall report to the Local Public Health Officer and District Public Health Officer,—
- (a) information relating to communicable disease or notifiable communicable disease in an area;
- (b) the details of diagonosis or services, etc. provided to persons suffering or suspected of suffering from any communicable disease or notifiable communicable disease; and
- (c) the treatment required and the details thereof for such persons;
Chapter 7 PREVENTION, NOTIFICATION AND TREATMENT OF COMMUNICABLE DISEASES AND NOTIFIABLE COMMUNICABLE DISEASES
31. Medical practitioners, to give information of communicable disease or notifiable communicable disease and to follow proposed treatment criteria.
- (1) Each medical practitioner in any system of medicine, during her practice come to know that there exists any communicable disease or notifiable communicable disease in any private or public dwelling places, or come to know that death occured due to it or has reason to believe it shall, unless the same is not informed earlier, give information within a maximum of twenty four hours to the Local Public Health Officer or any other authorities notified by the Government in this behalf.
- (2) Where the Government notifies a commucable disease as per section 28 and directs the mode of management to be followed exclusively for that disease, including collection of specimen, diagnostic and therapeutic procedures, such mode of management and procedures shall be followed by all the registered medical practitioners and healthcare institutions, who treat the patients having the symptoms of such disease.
- (3) Any medical practitioner and healthcare institutions who contravenes the provisions under sub-section (1) and (2) shall be liable to fine specified in section 65.
Chapter 7 PREVENTION, NOTIFICATION AND TREATMENT OF COMMUNICABLE DISEASES AND NOTIFIABLE COMMUNICABLE DISEASES
32. Instruction regarding the method of prevention of spread of communicable disease and notifiable communicable disease to be given.
Any medical practitioner who treats or examines with the intention to treat a person having a communicable disease or notifiable communicable disease shall, on the first visit,—
- (a) inform such person the need for treatment until the cure is effected;
- (b) give instruction to them about the scientific measures necessary for preventing the spread of the disease;
- (c) furnish the details about the disease to such person, in the manner as specified by the State Public Health Officer.
Chapter 7 PREVENTION, NOTIFICATION AND TREATMENT OF COMMUNICABLE DISEASES AND NOTIFIABLE COMMUNICABLE DISEASES
33. Registered medical practitioners to certify a person free from notifiable communicable disease.
- (1) Whenever a person who is affected by communicable disease as specified under sub-section (2) of section 28 and sub-section (2) of section 31 or infections included in the National Health Programmes, and after getting free from the same, requires to be certified as free from the disease, the medical practitioner who treated the person herself shall, after conducting all the examinations including lab examinations, issue a certificate as to free from disease in the specified form.
- (2) If a medical practitioner without sufficient reason refuses to give the certificate as per sub-section (1), or issue a certificate without treating as per sub-section (1), shall be liable to fine specified in section 65.
Chapter 7 PREVENTION, NOTIFICATION AND TREATMENT OF COMMUNICABLE DISEASES AND NOTIFIABLE COMMUNICABLE DISEASES
34. Prohibition of the use of water, food or beverage from suspicious source.
- (1) If the Local Public Health Officer, after checking the hygiene and sanitation, is satisfied that the water in any tank, well, tanker containers or other place, if used or consumed or used for any other domestic or commercial purpose, may be likely to cause the spread of any communicable disease or notifiable communicable disease, shall have the power to prohibit the use of such water from such sources.
- (2) If the Local Public Health Officer, after checking the hygiene and sanitation, is satisfied that the food or beverage for public consumption or for any other domestic or commercial purpose is likely to cause the spread of any communicable disease, shall have the power to prohibit the use of the said food or beverage for the purpose generally or specially mentioned.
- (3) The Local Public Health Officer shall have the power, to collect and send the sample for testing, if it is required to test the sample of water as per sub section (1) or if it is required to take sample of food for testing, can require the Circle Food Safety Officer to do so.
- (4) No person shall use or causes to use the food or beverage, the use of which is prohibited, as per sub-section (2).
- (5) The Local Public Health Officer who issues any prohibition under this section shall inform the same to the Local Self Government Institution as soon as possible, but within a maximum of twenty four hours.
- (6) Any institution or person who contravenes the provisions of sub-section (4) shall be liable to fine specified in section 65.
Chapter 7 PREVENTION, NOTIFICATION AND TREATMENT OF COMMUNICABLE DISEASES AND NOTIFIABLE COMMUNICABLE DISEASES
35. Shifting of infected person to hospital.
- (1) If the Local Public Health Officer is satisfied that any person suffering from a notifiable communicable disease is having any of the following conditions, shall with the assistance of the Local Self Government, take steps to shift that person to required place in order to prevent the spread of disease and for treatment, namely:—
- (i) if residing in a place where more than one family resides;
- (ii) if there is no required measures for prevention of the spread of disease and for the supervision of treatment;
- (iii) if the presence of this patient in such place is detrimental to the health of others;
- (iv) If the public health officer is reasonably satisfied that for the safety of patient or for treatment or for any other reasons the patient should be shifted to hospital or places where such patients are taken care of.
- (2) No person shall leave or be take away such person, from any hospital or other place referred to in sub-section (1) without the permission of the Medical Officer in charge of such hospital or place.
- (3) Whoever obstructs the shifting of patient to a hospital or a place as per sub-section (1) or who leaves from such hospital in contravention of sub-section (2) shall be liable to fine specified in section 65.
Chapter 7 PREVENTION, NOTIFICATION AND TREATMENT OF COMMUNICABLE DISEASES AND NOTIFIABLE COMMUNICABLE DISEASES
36. Prohibition of contact causing infection to persons.
- (1) No person who knows that she is suffering from a notifiable communicable disease specified in this Chapter, shall cause the risk of infection by her presence or conduct in,—
- (i) any market, theatre or other place for entertainment or gathering; or
- (ii) any school, college, library, play ground and the like places; or
- (iii) any hostel, hotel, cafeteria, resort, stay home, wayside amenities, rented house, house boat or club or water theme park; or
- (iv) any factory, shop, workshop or work place; or
- (v) any public conveyance; or
- (vi) any public bathing place; or
- (vii) any other place for public entertainment or public place. Explanation:—For the purpose of this section a person shall be deemed to have knowledge if any medical practitioner or the Local Public Health Officer has informed such person that she has notifiable communicable disease.
- (2) No person having the charge of giving care to a person or persons suffering from a notifiable communicable disease shall cause to put others under the chance of risk by the presence or conduct of such person in any place referred to in sub-section (1).
- (3) Any person who contravenes the provisions of sub-sections (1) and (2) shall be liable to fine specified in section 65.
Chapter 7 PREVENTION, NOTIFICATION AND TREATMENT OF COMMUNICABLE DISEASES AND NOTIFIABLE COMMUNICABLE DISEASES
37. Infected person not to engage in certain trade or occupation.
- (1) No person having a notifiable communicable disease, whenever such diseases is likely to be spread by her, shall not do the following, namely:—
- (a) make, distribute, carry or place for sale, or participate in job relating to making, placing or carrying for sale, any food items for consumption of others;
- (b) any activity which cause the spread the infection to others.
- (2) Any person who contravenes the provisions of sub-section (1) shall be liable for fine as specified in section 65.
Chapter 7 PREVENTION, NOTIFICATION AND TREATMENT OF COMMUNICABLE DISEASES AND NOTIFIABLE COMMUNICABLE DISEASES
38. Taking over of buildings and places to prevent the spread of infection.
- (1) For the purpose of effectively carrying out of the control and preventive measures of communicable diseases, the Public Health Officer may, with the permission of the District Collector, enter into any building for and if required may take over temporarily in the manner as may be prescribed. For conducting such activities the Public Health Officer shall ensure the co-operation of the Local Self Government Institutions.
- (2) When the purpose of taking over or use of aforesaid such building or place is over, the Public Health Officer shall with the assistance of the Local Self Government ensure that such building or place is completely disinfected and cleaned.
Chapter 7 PREVENTION, NOTIFICATION AND TREATMENT OF COMMUNICABLE DISEASES AND NOTIFIABLE COMMUNICABLE DISEASES
39. Power of entry of the Local Public Health Officer to take preventive measures.
The Local Public Health Officer or any authorized officer in this behalf may,—
- (a) at all reasonable times, with assistants or otherwise, inspect without notice the factories, workshops, work-places, workspaces, business places, educational institutions, premises of buildings, plantation, etc., which are reported or suspected with communicable disease or notifiable communicable disease and houses and residence including apartments after giving two hours prior notice;
- (b) take measures as may consider necessary to prevent the spread of disease beyond such place.
- (2) For conducting all these activities, the assistance and co-operation of Local Self Government Institutions shall be ensured.
Chapter 7 PREVENTION, NOTIFICATION AND TREATMENT OF COMMUNICABLE DISEASES AND NOTIFIABLE COMMUNICABLE DISEASES
40. Closure of food handling places and lodging houses.
- (1) If the Local Public Health Officer is satisfied in the interest of public health that a lodging house or any place where articles of food are sold or prepared or exposed for sale or distributed should be closed on account of the existence of or that there occured recently a notifiable communicable disease in such lodging house or place, the Local Public Health Officer shall have power to direct through an order to such institution to be closed until the expiry of such period as may be specified in the order or until it is certified by a Medical Practitioner that it is free from illness.
- (2) Any institution or person who violates an order under sub-section (1) shall be liable to fine specified under section 65.
Chapter 7 PREVENTION, NOTIFICATION AND TREATMENT OF COMMUNICABLE DISEASES AND NOTIFIABLE COMMUNICABLE DISEASES
41. Clothes used by infected persons not to be sent to laundry.
- (1) No person shall send or carry to any laundry or any public water course or tank or public well, for washing any cloths, beds or any other articles used by the person or persons infected by communicable disease or notifiable communicable disease, without doing the following activities, namely:—
- (a) disinfect in the manner as specified by public health officer;
- (b) to give prior notice that it is infected and to take adequate precaution.
- (2) Any person who contravenes the provisions of sub-section (1) shall be liable to fine as specified in section 65.
Chapter 7 PREVENTION, NOTIFICATION AND TREATMENT OF COMMUNICABLE DISEASES AND NOTIFIABLE COMMUNICABLE DISEASES
42. Power of District Collector to control community gathering.
- (1) When there exists a circumstance of any communicable disease or notifiable communicable disease in any local area or district and the District Collector is of the opinion that such assembly in such place or for such purpose would be likely to cause the spreading of communicable disease or notifiable communicable disease or of rendering it more virulent she shall, on the application of the Local Public Health Officer or otherwise, have power to prohibit, in any individual case, either by general or special order the community gathering of persons exceeding the number so specified in such order, in any place whether public or private or in any circumstances or for any purpose .
- (2) Any institution or person who contravenes an order issued under sub-section
- (1) shall be liable to fine specified under section 65.
Chapter 7 PREVENTION, NOTIFICATION AND TREATMENT OF COMMUNICABLE DISEASES AND NOTIFIABLE COMMUNICABLE DISEASES
43. Power of Government to confer special power to officers for the control of
communicable diseases or notifiable communicable diseases.—Government shall have power to confer special powers to the officers concerned for the control of communicable diseases or notifiable communicable diseases or both, if the circumstances so warrant.
Chapter 7 PREVENTION, NOTIFICATION AND TREATMENT OF COMMUNICABLE DISEASES AND NOTIFIABLE COMMUNICABLE DISEASES
44. Prevention of communicable disease transmissible from animals.
If there is an out
break or a chance of out break of communicable disease in any area transmissible from animals to human, the Local Public Health Officer shall immediately convene the Public Health Committee to prevent the spread of the disease and to discuss such matters. The Local Public Health Committee shall ensure that the necessary steps for the prevention of disease is being
taken at local level. The Local Public Health Officer shall submit a report thereon to the District Public Health Officer.
Chapter 7 PREVENTION, NOTIFICATION AND TREATMENT OF COMMUNICABLE DISEASES AND NOTIFIABLE COMMUNICABLE DISEASES
45. Control of rodents, dogs and other animals.
- (1) The occupier of any premises, or if the premises are unoccupied, the owner thereof shall not dump waste, permit the growth of thickets and the like in a manner which attract the rodents, dogs and other animals and shall destroy the rodents which cause plague and leptospirosis and shall forthwith inform the Local Self Governments the details of the dogs which are infected or suspected to have infected with rabies.
- (2) Where the Local Public Health Officer is satisfied that the occupier or owner of any premises does not comply with the responsibility provided in sub-section (1), shall serve a notice to such occupier or owner requiring her to take steps within the time specified in the notice.
- (3) Any person who raise dogs and cats shall vaccinate them from rabies, at regular intervals.
- (4) Any person or institution who contravenes the provisions in sub-sections (1) and
- (3) shall be liable to fine as specified in section 65.
Chapter 7 PREVENTION, NOTIFICATION AND TREATMENT OF COMMUNICABLE DISEASES AND NOTIFIABLE COMMUNICABLE DISEASES
46. Quarantine of persons suffering from disease.
The Local Public Health Officer
shall have the power to put under quarantine or to isolate the persons affected by communicable disease or notifiable communicable disease in accordance with the guidelines formulated by the Government from time to time.
Chapter 7 PREVENTION, NOTIFICATION AND TREATMENT OF COMMUNICABLE DISEASES AND NOTIFIABLE COMMUNICABLE DISEASES
47. Precuations while handling dead bodies.
The Local Public Health Officer shall
have the power to bury scientifically the dead bodies of persons who died due to communicable disease or notifiable communicable disease, in accordance with the guidelines formulated by the Government from time to time.
Chapter 7 PREVENTION, NOTIFICATION AND TREATMENT OF COMMUNICABLE DISEASES AND NOTIFIABLE COMMUNICABLE DISEASES
48. Guidelines issued by the Government to be implemented.
- (1) The State Public Health Officer, the District Public Health Officer and the Local Public Health Officer shall have the power to implement the guidelines issued by the Government from time to time for the prevention, treatment and diagonisis of the notifiable communicable diseases.
- (2) Each medical practitioner, private-public healthcare institutions shall be responsible to follow the treatment methods mentioned in the guidelines issued under sub-section (1) for the treatment of any disease included in notifiable communicable disease.
- (3) As per the requirement of the District Public Health Officer each medical practitioner and public-private healthcare institutions shall be responsible to provide the details with respect to any disease having public health importance in the locality to the District Public Health Officer or Local Public Health Officer.
- (4) Any medical practitioner or public or private healthcare institutions who contravene the provisions in sub-section (2) and (3) shall liable to fine as specified in section 65.
Chapter 7 PREVENTION, NOTIFICATION AND TREATMENT OF COMMUNICABLE DISEASES AND NOTIFIABLE COMMUNICABLE DISEASES
49. Power of the Local Public Health Officer to inspect hostel and other common spaces for residence.
- (1) No person shall manage hostel, paying guest facilities and other common spaces for residence without making arrangements for proper sanitation, scientific waste disposal facility, safe drinking water and other basic amenities.
- (2) The Local Public Health Officer shall inspect hostels and other common spaces for residence and ensure that no over crowding is there in those buildings or places and that arrangements have been made in such buildings and places for proper sanitation, disposal of waste and for supply of drinking water in the manner as to the satisfaction of the Local Public Health Officer.
- (3) Any institution or person who contravenes the provision of sub-section (1) shall be liable to fine as specified in section 65.
Chapter 7 PREVENTION, NOTIFICATION AND TREATMENT OF COMMUNICABLE DISEASES AND NOTIFIABLE COMMUNICABLE DISEASES
50. Guidelines for managing bio-medical waste.
- (1) The Government and the Public Health Officer , as directed by the Government, shall have the power to issue guidelines as they deem necessary for the management of bio-medical waste and to prevent the spread of any infection from such waste and for the proper disposal of such waste and also have the power to execute, implement and to undertake them through the District Public Health Officer and the Local Public Health Officer.
- (2) In managing bio-medical waste each medical practitioner and public-private healthcare institution shall be responsible to follow the practices as referred to in the guidelines issued under sub-section (1): Provided that nothing in the section shall contravene any of the provisions contained in sections 6 and 25 of the Environment (Protection) Act, 1986 (No.29 of 1986).
- (3) Any medical practitioner and public-private healthcare institutions, who fails to comply with the guidelines issued under sub-section (1) shall be liable to fine as specified in section 65.
Chapter 7 PREVENTION, NOTIFICATION AND TREATMENT OF COMMUNICABLE DISEASES AND NOTIFIABLE COMMUNICABLE DISEASES
51. Blood Banks and control of communicable disease.
- (1) The State Public Health Officer shall have the power to issue scientific guidelines for the maintanance of blood banks and to take steps to prevent the spread of any infection through blood transfusion, and to implement and execute the same through the District Public Health Officer or the Local Public Health Officer.
- (2) Each medical practitioner and public and private healthcare institutions shall be responsible to follow the practices specified under sub-section (1) for managing blood bank, donation of blood and giving and taking of blood.
- (3) Each medical practitioner and public or private healthcare institutions who fails to comply with the guidelines issued under sub-section (1) shall be liable to fine as specified in section 65.
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