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CHAPTER V-2
Chapter Outline
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| Chief Medical Officer - médecin en chef |
| Director of the Division of Venereal Disease Control or Director - directeur de la division de la lutte contre les maladies vénériennes |
| Health District - région sanitaire |
| medical health officer - médecin-hygiéniste |
| prescribed - prescrit |
| Public Health Nurse - infirmière-hygiéniste |
| venereal disease - maladie vénérienne |
ADMINISTRATION |
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DUTY OF PERSON AFFECTED |
Necessity of medical examination 3 |
Necessity of medical treatment 4, 5 |
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DUTIES OF PRACTITIONER |
Report of medical doctor 7 |
Notice of commencement of treatment 8(1) |
Notice of discontinuance of treatment 8(2) |
Duty of regional health authority 9 |
POWERS OF MEDICAL HEALTH OFFICER |
Person believed to have venereal disease 10 |
Power of Medical Health Officer 11 |
Medical treatment of persons in custody 12 |
WHEN PERSON AFFECTED UNDER SIXTEEN |
Children under the age of sixteen years 13 |
ENFORCEMENT OF ACT |
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Commencement of proceedings 15 |
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Power of judge respecting in camera trial 17 |
OFFENCES AND PENALTIES |
Advertising of drugs for treatment of venereal disease 18 |
Prohibition respecting prescribing of drugs 19 |
Offences and penalties 20 |
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GENERAL PROVISIONS |
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Prohibition respecting prostitution 24 |
Administration of silver nitrate to newborn child 25 |
REGULATIONS |
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1In this Act
“Chief Medical Officer” means the Chief Medical Officer provided for under the Health Act;
“Director of the Division of Venereal Disease Control” or
“Director” means the Director of the Division of Venereal Disease Control provided for under this Act;
“Health District” means a portion of the Province constituted as a Health District under the Health Act;
“medical health officer” means a medical health officer appointed under the Health Act;
“prescribed” means prescribed by the Director;
“Public Health Nurse” means a Public Health Nurse provided for under this Act;
“venereal disease” means gonorrhoea, syphilis and chancroid, and includes every condition diagnosed by a medical practitioner as a venereal disease.
R.S., c.241, s.1.
2For the purposes of this Act there shall be a division under the control of the Minister of Health to be known as “the Division of Venereal Disease Control,” also a Director of such Division to be known as “the Director of the Division of Venereal Disease Control,” and one or more Public Health Nurses.
R.S., c.241, s.2; 1971, c.31, s.1; 1986, c.8, s.129; 2000, c.26, s.278; 2006, c.16, s.178.
3Every person who believes or who has reason to believe or suspect that he is or may be affected with venereal disease shall immediately consult a medical practitioner and have the medical practitioner determine whether he is or is not affected with the disease.
R.S., c.241, s.3.
4(1)Every person who is affected with venereal disease shall undergo medical treatment therefor.
4(2) Repealed: 1987, c.62, s.1.
R.S., c.241, s.4; 1987, c.62, s.1.
5(1)Every person required by this Act to undergo medical treatment for venereal disease shall undergo medical treatment therefor by a medical practitioner and while under his care shall attend before him at such times as he shall direct and shall continue to undergo treatment until pronounced free from the disease by a medical practitioner.
5(2)A person who fails to comply with the provisions of subsection (1) shall be deemed not to be undergoing medical treatment for venereal disease within the meaning of this Act.
R.S., c.241, s.5.
6 Repealed: 1990, c.61, s.142.R.S., c.241, s.6; 1990, c.61, s.142.
7(1)Every medical practitioner who finds a person to be affected with venereal disease shall immediately post in a sealed envelope to the Director a report in the prescribed form, which report shall state the age, sex, race, conjugal condition, occupation, an identification number of the person affected, the nature and previous duration of the disease and the probable source of infection.
7(2)If a person, found by a medical practitioner to be affected with venereal disease, refuses or fails to undergo medical treatment therefor by such practitioner, or to notify the practitioner that he is undergoing medical treatment therefor by some other medical practitioner, the practitioner shall immediately notify the Director of the name and address of such person.
7(3)Any person found by a medical practitioner to be affected with venereal disease who refuses or fails to undergo medical treatment therefor by such medical practitioner or to notify the practitioner that he is undergoing medical treatment therefor by some other medical practitioner is guilty of an offence.
R.S., c.241, s.7; 1987, c.62, s.2.
8(1)Every medical practitioner upon commencing treatment of a person for venereal disease shall ascertain from the person whether he has been previously under treatment therefor by any other medical practitioner, and if the person has been so under treatment the practitioner shall immediately notify the other practitioner that such person is now under his treatment.
8(2)If a person who is undergoing treatment for venereal disease discontinues undergoing treatment therefor before having been pronounced free from the disease by the medical practitioner who has been treating him, then, unless the medical practitioner receives such a notice as is provided by this section within ten days of the person’s last consultation with him, he shall immediately report the circumstances and the name, address and identification number of the person concerned to the Director.
R.S., c.241, s.8.
9Whenever a person is admitted as a patient of a regional health authority as defined in the
Regional Health Authorities Act to be treated for venereal disease, the regional health authority shall immediately forward to the Director a report on the case in the prescribed form.
R.S., c.241, s.9; 1992, c.52, s.33; 2002, c.1, s.22.
POWERS OF MEDICAL HEALTH OFFICER
10(1)When the Director, or a medical health officer, or a Public Health Nurse believes or has reason to believe that a person is affected with venereal disease, he may by notice in writing order such person to undergo medical examination by a medical practitioner, or by some particular medical practitioner to be named in the notice, and to procure from that medical practitioner, and produce to him within a time to be specified in the notice, a certificate of that medical practitioner declaring whether such person is or is not affected with venereal disease, and if so affected the form of the venereal disease.
10(2)The notice provided for in this section may be served personally upon the person or forwarded to him at his latest known address by registered mail.
R.S., c.241, s.10.
11Where a person is under arrest or in custody charged with an offence against the
Criminal Code, chapter C-34 of the Revised Statutes of Canada, 1970, or against any statute of this Province or any regulation, order or by-law made under authority thereof, or has been committed to a jail, reformatory or other place of detention upon conviction for such an offence and the medical health officer of the Health District in which the person is then under arrest or in custody believes or has reason to believe that such person is or may be affected with, or has been exposed to infection from, venereal disease, the medical health officer or any medical practitioner authorized in writing by him so to do may cause that person to undergo such medical examination as may be deemed necessary in order to ascertain whether or not the person is affected with venereal disease.
R.S., c.241, s.11.
12If, upon the examination provided for under section 11, it is found that the person so examined is affected with venereal disease, the medical health officer shall give such directions for the treatment of the person and for his detention and isolation as he may deem necessary or advisable; and the medical health officer is hereby empowered to do and authorize any act necessary to effect such treatment, detention and isolation, and the person shall carry out such directions as to treatment as may be laid down by the medical health officer.
R.S., c.241, s.12.
WHEN PERSON AFFECTED UNDER SIXTEEN
13Where a person affected or believed to be affected with venereal disease is a child under the age of sixteen years, all notices, directions and orders required or authorized by this Act or the regulations to be given in respect of the child shall be given to the father or mother, or in the case of the death, illness or absence from the Province of the father and mother then to the person having for the time being custody of the child, and the father or mother or other person shall cause the child to comply with every such notice, order or direction made in respect of the child, and in default the father or mother or other person, as the case may be, are liable to the penalties provided by this Act for non-compliance therewith unless on any prosecution in that behalf such person proves that he did everything reasonably within his power to cause the child to comply with the same.
R.S., c.241, s.13.
14 Repealed: 1990, c.61, s.142.R.S., c.241, s.14; 1969, c.17, s.8; 1990, c.61, s.142.
15No proceedings shall be taken against any person under this Act or the regulations except upon the information or complaint of the Chief Medical Officer or the Director or a medical health officer.
R.S., c.241, s.15.
16In a prosecution under subsection 7(3), a certificate purporting to be signed by a medical practitioner to the effect that
(a)a person has been found by the medical practitioner to be affected with venereal disease, and
(b)the person has refused or failed
(i)to undergo medical treatment for the disease by the practitioner, or
(ii)to notify the practitioner that he is undergoing medical treatment for the disease by some other medical practitioner
is, without proof of the signature or licence to practise medicine of the medical practitioner, admissible in evidence and is prima facie proof of the facts stated in the certificate.
R.S., c.241, s.16; 1987, c.62, s.3.
17The judge of the Provincial Court may order that the trial of any person charged under this Act or the regulations be held in camera.
R.S., c.241, s.17.
18(1)Every person who, without the authority of the Minister,
(a)publishes or causes or allows to be published in a newspaper or magazine or other periodical publication a notice, advertisement, statement, testimonial, letter or other matter,
(b)issues or publishes or causes to be issued or published any book, almanac, pamphlet, document or other matter,
(c)posts up or exhibits in any place so as to be visible to persons in or passing along any street, railway or public place, a notice, statement, advertisement, testimonial, letter or other matter, or
(d)distributes, circulates or delivers or sends by post to any person any pamphlet, circular, notice, statement, advertisement, testimonial, letter or other matter
intended to recommend or suggest the purchase of, or to promote the sale of, any article as a drug, medicine, appliance or instrument or as part of any treatment for the alleviation or cure of any venereal disease, or of any disease or affection of the genitourinary organs, or intended to convey an offer to give or prescribe any form of treatment for any of the aforesaid diseases, commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category C offence.
18(2)Subsection (1) does not apply to any books, documents and papers or other matter published in good faith for the advancement of medical or surgical science.
18(3)Before any proceedings are taken under this section against any newspaper proprietor, printer or publisher for printing or publishing or allowing to be published any notice, advertisement, statement, testimonial, letter or other matter in a newspaper, the Director shall notify the proprietor, printer or publisher that the publication complained of is an infringement of this Act, and the proprietor, printer or publisher shall not be liable to prosecution except in respect of an offence of the same or a similar nature committed after such notification.
18(4)Any of the matters or things prohibited by this section may be restrained by injunction or order in an action in The Court of Queen’s Bench of New Brunswick, but such proceedings shall not prevent, delay or in any way be a bar to any prosecution or other proceeding authorized by this Act.
R.S., c.241, s.18; 1979, c.41, s.125; 1990, c.61, s.142.
19No pharmacist or other person, not being a medical practitioner, shall prescribe or recommend to any person any drug, medicine or other substance to be used for the cure or alleviation of venereal disease, nor shall he supply, compound or issue any drug, medicine, appliance for treatment for such purpose except upon the written prescription of a medical practitioner.
R.S., c.241, s.19.
20(1)A person who violates or fails to comply with any provision of the regulations or subsection 7(1), 7(2), 8(1) or 8(2) or section 9 commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category B offence.
20(2)A person who violates or fails to comply with section 3 or subsection 5(1) or 7(3) commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category C offence.
(a)violates or fails to comply with section 9, 13 or 19;
(b)violates or fails to comply with any order or direction of the Director or a medical health officer or a Public Health Nurse made under authority of this Act, or
(c)fails to carry out directions as to treatment laid down by a medical health officer under section 12,
commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category E offence.
20(4)A person who violates or fails to comply with section 24 commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category F offence.
R.S., c.241, s.20; 1990, c.61, s.142.
21 Repealed: 1990, c.61, s.142.R.S., c.241, s.21; 1990, c.61, s.142.
22All reports to the Director respecting individual cases of venereal disease shall be considered as confidential information, and be inaccessible to the public.
R.S., c.241, s.22.
23No action or other proceeding lies against any person in respect of anything done in pursuance of this Act or of the regulations.
R.S., c.241, s.23.
24No person shall use or exhibit a certificate or laboratory report of freedom from venereal disease for use in solicitation for sexual intercourse.
R.S., c.241, s.24.
25A medical practitioner, nurse, mid-wife or other person present at the birth of a living child shall, immediately or in any event within one hour after the birth, instill into each eye of the child, a suitable prophylactic agent as prescribed by regulation for the purpose of preventing gonococcal ophthalmia neonatorum.
R.S., c.241, s.25; 1983, c.93, s.1.
26The Lieutenant-Governor in Council may make regulations
(a)prescribing the method and extent of examination for determining whether or not a person is affected with venereal disease;
(b)prescribing the methods and remedies to be employed in the treatment of a person affected with venereal disease;
(b.1)prescribing prophylactic agents to be used in the prevention of gonococcal ophthalmia neonatorum and the manner of administering these prophylactic agents;
(c)prescribing the course of conduct to be pursued by a person affected with venereal disease;
(d)providing for the display of notices and placards pertaining to venereal disease, its causes, manifestations, treatment and cure;
(e)generally for the better administration of this Act.
R.S., c.241, s.26; 1983, c.93, s.2.
N.B. This Act is consolidated to June 22 2006.