Act No. 61 / 1948 Coll.
Law on certain protective measures against tuberculose
Valid
Effective from 17.05.1948
61.
Law
of 20 March 1948
concerning certain protective measures against tuberculose.
The Constitutional National Assembly of the Czechoslovak Republic decided on this law:
Reporting duty.
(1) The Institute of National Health, after the institution responsible for its tasks set up under Sections 3 and 7 of the Act of 19 March 1947, No 49 Coll., on advisory health care (hereinafter referred to as the Institute of National Health), is to be reported:
(a) any disease with active tuberculose or suspected disease;
(b) any tuberculosis death or tuberculosis-treated person.
(2) The report shall be made within 3 days of the finding of one of the facts referred to in paragraph 1 of the Institute of National Health responsible for the residence of the reported person, who shall immediately forward it to the appropriate antituberculous advisory office (hereinafter referred to as "advisory").
(1) The report shall:
(a) in the treatment and treatment institutes, counselling centres and ambulances, a leading doctor or a doctor representing him;
(b) in educational, disciplinary, prison and similar institutions, a constitutional doctor; If it is not, the treating physician,
(c) otherwise any doctor who has found disease, suspected illness or tuberculosis death.
(2) If a person died on tuberculus before death in medical care, the death of the person was reported by a national district (municipal, urban) doctor (official coroner of corpses).
(3) The report referred to in Article 1 (1) shall also be made by any veterinarian and pharmacist who, in the course of his profession, has become suspicious of the source of tuberculosis infection in humans and by a veterinarian who has detected tuberculus in domestic animals.
(4) The method of reporting and the data to be provided for the reports are laid down by the Ministry of Health in the Official Journal of the Republic of Czechoslovakia.
(1) Tuberkulose sick (hereinafter sick), if he is not able to do so, the person who looks after him shall be required to notify the national health institution responsible for the current residence of the patient within 15 days of any permanent change in residence (apartment).
(2) The Regional National Committee may, on a proposal from the Institute of National Health, impose on a person sick with contagious tuberculose disease to report to the National Health Institute responsible for the place of residence and transitional changes of residence lasting more than 1 month.
(3) The head doctor of the medical or nursing institution or the doctor representing him shall report any admission and release of the sick tuberculus of the National Health Institute responsible for the current residence of the patient.
(4) Privileges of educational, disciplinary, prison or similar institutions shall also be required to report any release of a sick tuberculus of the National Health Institute responsible for the patient's residence. For persons without permanent residence, the report shall be made in due time before the release of the National Health Institute responsible for the place of release.
Tasks of anti-tuberculous counseling.
The task of the consultancy (§ 1, paragraph 3 of Act No. 49 / 1947 Coll.) is in particular:
(a) to guide the reported sick,
(b) examine and monitor the health status of tuberculosis patients and persons at risk, in particular roommates, to guide their proper résumé, to facilitate their proper treatment, to arrange for possible isolation and to monitor compliance with it, to pave the way for the source of the disease and to take all measures to improve the health and social standards of the patient and his family;
(c) pastoral after undetected cases of tuberculus,
(d) to prevent the spread of tuberculus, in particular by educating individuals and mass education.
Disease investigation and search for the source of the disease.
(1) The District National Committee shall, by means of advice, take measures to ensure that all the examinations necessary for the detection of the accurate diagnosis and source of the disease are carried out.
(2) Public institutions of treatment and treatment, as well as health institutes of research and research, which belong to public corporations or public funds, are obliged to carry out the requested inquiries and report the result to the competent advisory authority.
(1) Persons reported as sick or suspected (§ 1 (2)), as well as all persons who have been or are in permanent contact with them, are required to notify, at her request, all the circumstances relevant to the identification of the sick and the source of the disease, and to submit to all the measures necessary for medical examination and supervision of the consultation (§ 4 (b)).
(2) The consultative authorities are entitled to enter for the purpose of searching for the source of the disease for places where persons reported as sick or suspected (§ 1 (2)) have been present or are present, in particular in apartments and in jobs. In doing so, legal provisions on the protection of the freedom of persons, home and secrets of postal and letters must be investigated, as well as ensuring that operations at the post are not interrupted.
(3) Persons who have been in permanent contact with a deceased tuberculous person shall be required to undergo, for a period of at least five years after their death, consultations for persons under 18 years of age and for two years for persons older, for investigations and control measures carried out under paragraph 1.
Protective measures and equipment.
(1) In order to protect health from tuberculosis, the Ministry of Health may take all necessary and appropriate measures. In particular, it may order:
(a) compulsory tuberculin tests;
(b) compulsory roentgenological examinations on tuberculus, both bulk and individual;
(c) compulsory protective vaccination against tuberculose.
(2) Mass checks of persons subject to public social insurance are carried out by national health institutions (consults) in agreement with public health insurance holders.
(3) Within the meaning of the measure referred to in paragraph 1, the Ministry of Health may order tuberculus animals to be killed or otherwise removed. For animals killed or otherwise disposed of, the Treasury shall grant compensation or aid under the general rules on compensation, aid and certain other measures for diseases and other animal diseases. The Ministry of Health sets out the details in agreement with the Ministry of Interior, Agriculture and Finance and declares them in the Official Journal of the Republic of Czechoslovakia.
Persons and authorities responsible for the care of schools, public buildings, means of transport, food and food establishments and facilities, communication, playground, spa and at all places where more people are usually collected are obliged to ensure that there is no risk of the spread of tuberculus disease. The Minister for Health will determine the details in an agreement with the participating ministers by decree in the Official Journal of the Czechoslovak Republic.
Isolation.
(1) A person infected by a contagious or suspected tuberculus is obliged to undergo isolation in an apartment or institute for the treatment of tuberculus or other necessary restrictions in the way of life and in the choice of residence.
(2) Isolation in the apartment is carried out according to the instructions of the consultancy. If these guidelines are not followed, the District National Committee shall order their implementation, unless it considers it necessary to take the measures provided for in paragraph 3.
(3) If there is no possibility of isolation in the apartment or if the sick person who has been ordered to be isolated in the apartment, instructions for advice, the district national committee may, on a proposal from the relevant consultant or official doctor, order that the sick person be placed in a hospital, in particular in a professional lung department.
(4) Tuberkulus persons referred to in paragraph 1, treated or isolated in an institution, may be admitted to home treatment only with the consent of the district national committee responsible for the residence of the patient, which shall grant it only if the relevant advice indicates that the patient can be isolated in the flat. Persons for whom the conditions referred to in paragraph 1 have lapsed by treatment (isolation) may be admitted to domestic treatment without such consent.
Where isolation is carried out in an apartment (§ 9 (2) and (4)), the District National Committee may, on a proposal from the competent advice on the separation of children from the mother or from another family member, if such persons are infected or suspected of tuberculosis, as well as the transfer of children to appropriate family or constitutional care for the period of need.
Restrictions on the pursuit of a profession or profession.
(1) The District National Committee may, on a proposal from the Advisory Board, order the employer to employ persons with a contagious or suspected tuberculose disease in a separate post in accordance with the instructions of the doctor responsible for the health inspection of the post.
(2) The District National Committee shall prohibit, on a proposal from the relevant advisory body, a person suffering from a contagious tuberculose disease, in whole or in part, from pursuing a profession or activity in which the disease could spread.
(3) The Regional Labour Protection Offices shall take care of those affected by the prohibition referred to in paragraph 2 for appropriate replacement employment.
(4) The District National Committee shall withdraw its prohibition issued pursuant to paragraph 2 on a proposal from the relevant Advisory Board.
(5) In agreement with the Social Welfare and Industry Ministers, the Minister of Health shall determine the details for the implementation of paragraphs 1 to 4 by a decree in the Official Journal of the Republic of Czechoslovakia.
The Government may, by regulation, determine whether, and if, for the taking up of certain employment or the commencement of certain activities, the submission of a certificate of advice is required that the tenderer is not sick with a contagious or contagious disease suspected by tuberculus.
Compulsory treatment.
Persons with active tuberculose disease are required to be treated in or outside the institute under conditions laid down by the Government of the Regulation.
Disinfectant.
During domestic treatment, they are sick and care persons are obliged to perform routine disinfection according to the instructions of the relevant advice. When the apartment is changed and in the event of death, the final disinfection shall be carried out in accordance with the general rules on the control of communicable diseases.
Construction of antituberculous facilities and retraining of tuberculous persons.
(1) The Ministry of Health will take care of the construction of pavilions and the department for the treatment and isolation of tuberculous persons in general public hospitals, medical sanitariums, specialised therapies for the treatment and retraining of tuberculous persons, prevention services for persons at risk of tuberculosis and special settlements for people at risk of tuberculosis, unless otherwise taken care of.
(2) The retraining of tuberculous persons is carried out in accordance with the directives issued by the Ministry of Health in agreement with the Ministry of Social Welfare and other participating ministries and published in the Official Gazette of the Czechoslovak Republic.
Economic aid to tuberculos.
The Government shall determine, by regulation, under which conditions and in how the State (health administration) provides both monetary and material support in cases where the adverse circumstances of the tuberculous persons and of the persons required under the law prevent them from being fed through successful implementation of protective measures under this law or prevent the proper nutrition of the sick and those dependent on them.
Reimbursement of costs and damages.
(1) Costs and damages incurred by the implementation of the measures provided for in this Act or by the regulations adopted pursuant to it shall be borne by the State (Health Administration), unless otherwise provided for in paragraph 2.
(2) The State (Health Administration) does not cover:
1. the cost of the isolation carried out in the apartment (Sections 9 (2) and (4));
2. the costs incurred by the employer by implementing the safeguard measure provided for in Article 11 (1);
3. costs of routine disinfection (§ 14),
4. costs of constitutional isolation (§ 9 (3)) and costs of treating and treating tuberculous persons, unless the conditions of § 18 (1) are met;
5. income forgone beyond the threshold laid down in Paragraph 19 (2);
6. the costs associated with the payment of allowances and allowances pursuant to § 21, paragraphs 1 to 3, except for civil servants.
(1) Treatment costs per person who is isolated from an official order, on a voluntary basis on a proposal from a relevant hospital or other appropriate institution (§ 9 (3)), shall be reimbursed by the State (health care service), unless the provider of public social insurance is obliged under the relevant rules to provide for sickness treatment or reimbursement of the costs incurred by him.
(2) The State (Health Administration) shall also bear the costs of compulsory treatment and treatment of persons with tuberculosis disease (§ 13), provided that the conditions of paragraph 1 are met.
Replacement of lost earnings.
(1) The State (Health Administration) will provide compensation for the earnings lost as a result of the protection measures imposed and implemented under the provisions of this Act or the regulations issued pursuant to it to persons whose sum of the annual pension, together with the pension of persons obliged to provide them, does not exceed CZK 72.000. This amount is increased by 3.600 CZK for each additional member of the family who is entitled to nutrition.
(2) The working income to be paid shall be paid in full if the compensation thus granted does not exceed, together with any other income of the damaged amount of CZK 36.000 per year. This amount is increased by 3.600 CZK for each additional member of the family who is entitled to nutrition.
(3) If the beneficiary is entitled under other rules to compensation for lost earnings against a third party, the State (health administration) shall grant him only any supplement to the extent specified in paragraph 2.
(4) The granting of compensation for the loss of earnings referred to in paragraph 1 may be subject to the conditions laid down in Article 11, in particular to the obligation to accept suitable replacement employment (§ 11 (3)).
(5) The claim for compensation for the loss of earnings should be applied within 60 days of implementation by means of an order for protection at the District National Committee, otherwise it will cease to exist. The purpose of the District National Committee on the ordered measure must be to provide a lesson on the forfeit period and the consequences of its failure to comply.
(6) The government will determine the details of the compensation for work lost, in particular in view of the social circumstances of the disabled, by means of a regulation.
Compensation for damage caused by disinfection.
The provisions of Sections 26 and 27 of the Act of 20 March 1948, No. 60 Coll., on the control of diseases communicable to humans, shall apply mutatis mutandis to compensation for objects damaged or destroyed during disinfection.
Allowances and refunds for persons employed in establishments for people with tuberculosis.
(1) Persons employed in counselling, medical and nursing centres and ambulances for people with tuberculose disease are entitled to an infectious allowance during their employment in such an institution or establishment. The amount of the infectious allowance shall be determined by the Government by a regulation.
(2) If the staff member referred to in paragraph 1, in the course of his or her occupation, is temporarily unable to work for tuberculose disease or for a health disorder caused by roentgen rays, the employer shall, for the period of incapacity as compensation for the wage, provide him with a supplement to social security benefits up to the amount of his last occupational pension, provided that he is not entitled, under other regulations, to full pay (salary). During such incapacity, the employee may not be dismissed for the reasons set out in Section 21 of the Act of 11 July 1934, No 154 Coll., on private employees.
(3) The staff referred to in paragraph 1 who, in the course of their occupation, has become ill with tuberculus or has suffered from a health disorder by means of roentgen rays and is therefore, while being recognised as being able to work, obliged to switch to another employment, shall provide the employer with one-off compensation for damage suffered by health, even if his occupational pension is not reduced by moving to another employment. For the amount of a lump sum, the degree of invalidity and the amount of the last employee's pension shall be determined. The details of the refund and its amount shall be determined by the Government by a regulation.
(4) If the staff member referred to in paragraph 1 has a permanent incapacitated earnings because, in the performance of his profession, he has become ill with tuberculus or has suffered from a health disorder with roentgen rays, he shall be responsible for 50% of the allowance for the rest of the salary (disability pension); If he died as a result of those diseases, his surviving spouse shall be entitled to this allowance for the provision of the salary (widow's or orphan's pension).
General provisions.
All persons involved in the implementation of this Act and the provisions issued pursuant to it shall be obliged to maintain absolute confidentiality regarding tuberculosis disease without prejudice to the reporting obligations laid down in Sections 1 to 3. It is not a breach of secrecy if the authorities advise on this circumstance of persons who are in contact or come in contact with persons who are infected or suspected by tuberculus. The official documents to be drawn up for the implementation of this Act, if they contain details of tuberculous persons, shall be confidential.
Paragraphs 21 and 22 shall apply to the staff of the State and to the bundles of interest and territorial self-government, their institutes, undertakings and funds, as well as to the institutions, undertakings and funds managed by them only as long as the granting of benefits under the provisions of Paragraph 21 and the obligations imposed under Article 22 are not governed by specific laws or regulations issued on their basis or in accordance with the same rules.
Exemption from charges.
(1) Applications for aid in cash or in kind pursuant to Article 16 and applications for claims under Article 17 to 21 are exempt from the fees.
(2) The granting of the financial or material aid provided for in Article 16 shall be exempt from the levy.
The Institute of National Health shall notify persons declared sick or suspected of rights and obligations arising from the provisions of this Act or the regulations issued under it.
Criminal provisions.
(1) The District National Committee will punish for administrative misconduct, unless it is a more severe criminal offence, a fine of up to 10 000 CZK or a sentence of up to 1 month on the free
1. fails to comply with the reporting obligation imposed on him under the provisions of Sections 1 to 3;
2. acts against the provisions of Sections 6 and 22; or
3. They shall not be subject to safeguard measures ordered under the provisions of Sections 7 to 14.
(2) Where a fine has been imposed pursuant to paragraph 1, the district national committee shall, in accordance with the rate of blame for imperfections, impose a replacement sentence at liberty within 1 month.
Final provisions.
The Government will issue by decree detailed provisions for the implementation of this Act, in particular Sections 12, 13, 16, 19 and 21.
(1) If the Minister (Ministry) of Health generally modifies a matter in accordance with the previous provisions, he will do so for Slovakia, after having expressed his opinion to the Health Officer (delegate), who will agree with the delegates concerned. The observations must be submitted within a reasonable period of time depending on the nature of the case.
(2) The Minister (Ministry) of Health shall exercise its powers under this Act in Slovakia through the relevant delegate (delegate), which shall follow the directives and decisions given by the Minister (Ministry) of Health.
(3) The Decree of the Minister (Ministry) of Health in the Official Gazette of the Czechoslovak Republic in matters governed by this Act will also be published by the Commissioner for Health at Úradnom vestník.
Measures under this Act in the field of military administration belong to the state health authorities for the cooperation of military health authorities under the directives issued by the Minister for Health in agreement with the Minister for National Defence.
(1) The validity (applicability) of the provisions contrary to the provisions of this Law is hereby repealed.
(2) Without prejudice to the provisions of § 108, § 2 and § 124, paragraph 2, point (m) of the Act of 20 May 1937, No 86 Coll., on Railways (Railway Act).
This Law shall take effect on the 30th day following its publication; It shall be implemented by the Minister for Health in agreement with the participating members of the Government.
Dr Beneš v. r.
Zaporocký v. r.
Plojhar v. r.
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Regulation Information
| Citation | Act No. 61 / 1948 Coll., on certain protective measures against tuberculose |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 17.04.1948 |
|---|---|
| Effective from | 17.05.1948 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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