1995-01: The Prevention and Control of Communicable Diseases Law

The State Law and Order Restoration Council,
The Prevention and Control of Communicable Diseases Law
(The State L{aw and Order Restoration Council Law No 1/95)
The 5th Waning of Taboung, 1356 ME
(20th March, 1995)

The State Law and Order Restoration Council hereby enacts the following Law: –

Chapter I
Title and Definition

1. This Law shall he called the Prevention and Control of Communicable Diseases Law.

2. The following expressions contained in this Law shall have the meanings given under:-

(a) Communicable Disease means an infections disease which can be transmitted from man to man and from animal to man;

(b) Principal Epidemic Disease means Cholera, Plague, Dengue Hemorrhagic Fever (DHF) or Acquired Immunodeficiency Syndrome (AIDS). This expression also includes Communicable Diseases prescribed as Principal Epidemic Disease by the Ministry of Health by notification:

(c) Notifiable Disease means an Communicable Disease prescribed by the Ministry of Health by notification, the occurrence of which, when discovered is to he reported immediately to the authority concerned;

(d) Refuse means garbage, food remnants, human and animal excreta, polluted water, filth and dead body of human or animal;

(e) Food means fruits, vegetables, meat, fish, prepared food, beverages, canned foods and any other food consumed by man;

(f) Health Officer means an officer from the Department of Health assigned to perform the duties of a Health Officer mentioned in this Law. This expression also includes officers from other Government department and organizations, assigned duties of a Health Officer by
the Ministry of Health after co-ordination with the Government department and organizations concerned:

(g) Health Personnel means a personnel assigned by the Health Officer;

(h) Traditional Medicine Practitioner means a person who is practicing medicine on a principle based on one of the four nayas namely Desana naya, Bethitsa naya, Netkhata vedanaya and Vissadara naya.

Chapter II
Prevention

3. In order to prevent the outbreak of Communicable Diseases, the Department of Health shall implement the following project activities:-

(a) immunization of children by injection or orally;

(b) immunization of those who have attained majority, by injection or orally, when necessary;

(c) carrying out health educative activities relating to Communicable Disease.

Chapter III
Functions and Duties of the Health Officer

5. When a Principal Epidemic Disease or a Notifiable Disease occurs in an area to which Health Officer is assigned, he shall perform the following duties:-

(a) inspection of the infected house, food processing industry, factory, place of work, markets and shops, other necessary houses. premises, location, buildings and causing sanitation and other necessary measures to he carried out;

(b) causing disinfection to he carried out in the locations mentioned in sub-section (a) and of articles, clothes. utensils and other household goods in such locations;

(c) causing disinfection to be carried out in trains, motor vehicles, aircrafts, vessels and other vehicles;

(d) causing chlorination of wells and ponds to be carried out;

(e) causing destruction of the vector;

(f) causing necessary measures to be carried out against transmission of disease from Principal Epidemic Disease infected corpse;

(g) submitting and reporting the situation concerning the Principal Epidemic Disease to the relevant authorized body or person to enable the issue of the restrictive or prohibitive order under section 14;

(h) directing the ban or destruction of food which are unfit for human consumption;

(i) directing the destruction of or ban on the sale of food causing or suspected of causing the spread of a Principal Epidemic Disease or the closure of the factory, mill, place of work, market or shop producing or selling such food;

(j) inspection of water supply works and laundry services and directing closure of such places if proved to be a source of transmission.

6. The Health Officer may assign the duties which he is to perform or which he is authorized to perform to a Health Personnel.

7. The Health Officer shall obtain the cooperation of suitable persons from the Government departments and other organizations of the relevant area in performing duties mentioned in section 5.

Chapter IV
Environmental Sanitation

8. For prevention of the outbreak of Communicable Disease and effective control of Communicable Disease when it occurs, the public shall, under the supervision an guidance of the Health Officer of the relevant area, undertake the responsibility carrying out the following environmental sanitation measures:

(a) in-door, out-door sanitation or inside the fence, outside the fence sanitation;

(b) well, ponds and drainage sanitation;

(c) proper disposal of refuse and destruction there of by fire:

(d) construction and use of sanitary latrines;

(e) other necessary environmenta1 sanitation measures.

Chapter V
Reporting Communicable Disease

9. The head of the household or any member of the household shall report immediately to the nearest health department or hospital when any of the following events occurs:-

(a) rat fall

(b) outbreak of a Principal Epidemic Disease;

(c) outbreak of a Notifiable Disease.

10. Traditional medicine practitioners, health assistants and doctors shall report immediately to the nearest health department or hospital if a case of Principal Epidemic Disease or Notifiable Disease if found during practice.

Chapter VI
Measures taken in respect of an outbreak of
Principal Epidemic Disease

11. In order to prevent and control the spread of a Principal Epidemic Disease, the Health Officer may undertake the following measures:-

(a) investigation of a patient or any other person required:

(b) medical examination;

(c) causing laboratory investigation of stool, urine, sputum and blood samples to he carried out:

(d) causing investigation by injection to he carried out;

(e) carrying out other necessary investigations.

13. The Health Officer shall report immediately the source to the relevant Department of Health, of the Principal Epidemic Disease.

Chapter VII
Quarantine

14. An organization or an officer on whom power is conferred by the Ministry of Health may issue a prohibitive order or a restrictive order in respect of the following matters:-

(a) right of the person suffering from Principal Epidemic Disease to leave and return to his house;

(b) right of people living in the house, ward, village or township infected by Principal Epidemic Disease to leave and return thereto;

(c) right of people from outside to enter the house, ‘ward, village or township infected by Principal Epidemic Disease;

(d) if there is a person suffering from Principal Epidemic Disease among those people arriving by train, motor vehicle, aircraft, vessel or any other vehicle, right of such person put under quarantine up to a period necessary for medical examination, to leave and return thereto;

(e) when an outbreak of Principal Epidemic Disease occurs during the time of fair and festival, right of the public to visit the site and right to continue the festival.

Chapter VIII
Penalties

15. Whoever fails to comply with any of the measures undertaken by the Department of Health under sub-section (a) of section 4 shall, on conviction he punished with fine which may extend to Kyats 1000.

16. Whoever tails to comply with the directive of the Health Officer under sub-section (h), sub- section (i) or sub-section (j) of section 5 shall, on conviction he punished with imprisonment for a term which may extend to six months or with fine which may extend to kyats 10000 or with both.

17. The head of the household or any member of the household who fails to comply with the provision of section 9 or any traditional medicine practitioner, health assistant or doctor who fails to comply with provision of section 10 shall, on conviction be punished with imprisonment for a term which may extend to one month or with fine which may extend to kyats 5000 or with both.

18. Whoever violates the prohibitive or restrictive order issued by the relevant organization or officer under section 14 shall, on conviction he punished with imprisonment for a term which may extend to six months or with fine which may extend to kyats 10000 or with both.

Chapter IX
miscellaneous

19. Notwithstanding anything contained in the Union of Myanmar Public Health Law 1972, the provisions of this Law shall be complied with in respect of matters relating to Communicable Diseases.

20. Prevention, control of the spread and necessary investigations in respect of AIDS shall he carried out in accordance with the orders and directives issued specifically by the Ministry of Health.

21. In order to carry out the provisions of this Law:-

(a) the Ministry of Health may issue such rules and procedures as may he necessary, with the approval of the Government;

(b) the Ministry of Health or the Department of Health may issue such orders and directives as may be necessary.

22. The following Acts are hereby repealed:

Sd./ Than Shwe
Senior General
Chairman
The State Law and Order Restoration Council