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PUBLIC HEALTH LAW-PHA.doc BCH.doc

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PUBLIC HEALTH LAW INTRODUCTION The promotion of Public Health (EH) is supported by a series of policies, guidelines and legislation. The mother law that protects the people’s health is the Public Health Act and its subsidiary legislation. Others include the Local Government Act, Local Authorities Act (LAA), Urban Authorities Act (LAA), Town and Country Planning Act (T&CPA), Food and drugs Act, liquor Act, Hotel act, Factories Act, Workman’s compensation Act, and Employment act. THE PHA It was fi
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  PUBLIC HEALTH LAW  INTRODUCTION The promotion of Public Health (EH) is supported by a series of policies, guidelines andlegislation. The mother law that protects the people’s health is the Public Health Act and itssubsidiary legislation. thers include the !ocal o#ernment Act, !ocal Authorities Act (!AA),$rban Authorities Act (!AA), Town and %ountry Planning Act (T&%PA), 'ood and drugs Act,liuor Act, Hotel act, 'actories Act, or*man’s compensation Act, and Employment act. THE PHA +t was first enacted in -/ by the 0ritish Parliament and re#ised in -12 by the $gandaParliament as the PHA %hapter 31- and recently re#ised (344/) as chapter 35.+t is di#ided into 1 parts all of which are directly related to Public Health promotion and control, parts - 6 2 relate to en#ironmental sanitation and parts / 6 7 relate to general andmiscellaneous pro#isions. There is a total of 5 sections and  schedules. PART I: INTERPRETATIONSBuilding; includes any structure whether permanent or temporary for whate#er purpose used. Dwelling 8 means any house, room, shade, hut, ca#e, tent, #ehicle, #essel or boat or any other structure or place whate#er that is used by any human being for sleeping or in which any human being dwells. Erect 8 in reference to a building includes to alter, add or to con#ert and erection has acorresponding meaning. Health Insecti!n 8 9eans a health or sanitary inspector of the 9inistry of Health and includesany member of the subordinate medical staff or other person appointed by the chief 9edicalfficer to act as such within the district of one or more !ocal Authorities. !cal Auth!rit#  means:.The council of any municipality constituted under any empowering act ($AA, !AA, T &% PA).3.A town council or board within the meaning of $AA or any act amending or replacingthat act.  .Any area outside the municipality or town the go#ernment of a federal state or theadministration of the district as the case may be.2.+n any area for the sanitary board is appointed under ;ection 1 of this Act, a sanitary board should be a !A. Pre$ises 8 includes any building or tent together with the land on which it is situated and thead<oining land used in connection therewith and include any #ehicles, con#eyance or #essel. Pu%lic atrine 8 means any latrine to which the public is admitted on payment or otherwise. PART II: AD&INISTRATIONSECTION ': A!int$ent !( sanitar# %!ard The 9inistry of Health (9oH) by statutory instrument may establish sanitary boards. )eneral duties !( A .To ta*e lawful necessary and reasonable measures to safe guard and promote PH.3.To establish the ad#isory board of health to be established by the ministry8 to determinethe rule and membership of the board. SECTION * :  )eneral duties !( l!cal auth!rities+ E#ery local authority shall ta*e all lawful, necessary and reasonably practicable measures8.'or pre#enting the occurrence of, or for dealing with any outbrea* or pre#alence of anyinfectious, communicable or pre#entable disease8 to safeguard and promote the publichealth8 and3.To e=ercise the powers and perform the duties in respect of the public health conferred or imposed by this Act or by any other law. SECTION ,: Pr!-isi!ns !( this Act in relati!n t! !ther Acts .The pro#isions of this Act shall be deemed to be in addition to and not in substitution for any pro#isions of any other Act which are not in conflict or inconsistent with this Act.  3.+f there be any conflict or inconsistencies in other acts, the pro#isions of PHA shall pre#ail. PART III. NOTI/ICATION O/ INTECTIOUS DISEASESSECTION 0O: &inister1s !wer t! declare n!ti(ia%le diseases+ The 9inister may by statutory order declare that any disease shall be a notifiable disease for the  purpose of this Act. SECTION 00: P!wer t! $a2e rules+ The minister has powers to ma*e rules pertaining to anything that would promote PH. PART I3. PRE3ENTION AND SUPPRESSION O/ IN/ECTIOUS DISEASESSECTION 04: P!wers !( $edical !((icer !( health t! insect re$ises and ers!ns+ A medical officer of health has powers at any time to enter and inspect any premises, medicallye=am any persons in the premises and carry out a postmortem e=amination. SECTION 05 : P!wers !( $edical !((icer !( health t! cause re$ises t! %e disin(ected+ The minister has powers to gi#e notice to cause a building or part of the building to be disinfected for purposes of pre#enting or chec*ing infectious diseases. SECTION 0': Destructi!n !( in(ected %uilding6 %edding6 etc+SECTION 0* : Da$age t! articles during disin(ecti!n+SECTION 4*: Re$!-al and %urial !( %!d# !( ers!n wh! has died !( an in(ecti!us disease+ The body of a person who has died of an infectious disease should be remo#ed and buried inaccordance with the pro#isions of this act. SECTION 47: !cal auth!rit# t! re$!-e and %ur# unclai$ed %!dies+  A local authority shall be responsible for the remo#al and burial of bodies of destitute persons and of unclaimed bodies.  PART I3.SPECIA PRO3ISIONS RE)ARDIN) CERTAIN EPIDE&IC DISEASESSECTION 48: Eide$ic !r ende$ic diseases+ The pro#isions of this Part of this Act shall apply to smallpo=, plague, Asiatic cholera, yellowfe#er, cerebrospinal meningitis, typhus, sleeping sic*ness or human trypanosomiasis and anyother disease which the 9inister may by statutory order declare to be a formidable epidemicdisease for the purpose of this Part of this Act. PART 3I9 PRE3ENTION O/ INTRODUCTION O/ IN/ECTIOUS DISEASES . SECTION 57: P!wers t! en(!rce recauti!ns at %!rders+ 'or the purpose of pre#enting the introduction of infectious disease into $ganda the 9inister may by statutory order8a) >egulate, restrict or prohibit the entry into $ganda or any part of $ganda of any person or of  persons of any specified class or description or from any specified country, locality or area8 (b) >egulate, restrict or prohibit the introduction into $ganda or any specified part of $ganda of any animal, article or thing8(c) +mpose reuirements or conditions as regards the medical e=amination, detention, uarantine,disinfection, #accination, isolation or medical sur#eillance or otherwise of persons entering, or the e=amination, detention or disinfection or otherwise of such persons as aforesaid or of articlesor things introduced into $ganda or any part of $ganda. SECTION 5: De(initi!n !( u%lic -accinat!r< and unr!tected ers!n<+ 'or the purposes of this Part of this Act? (a) @Public #accinator includes a public #accinator appointed by the chief medical officer andany person appointed by the chief medical officer to assist or act for a public #accinator andincludes any medical officer of health8(b) @$nprotected person includes a child and means a person who has not been protected fromsmallpo= by ha#ing had the disease either naturally or by inoculation or by ha#ing beensuccessfully #accinated, or who has not been certified under this Act to be insusceptible to#accination.

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Jul 23, 2017
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