The Public Health Bill, 1999

PART VII: IMMUNIZATION AGAINST SPECIFIED DISEASES

Specified diseases

73. (1) For the purposes of this Part, specified diseases shall include -

(a) tuberculosis;

(b) diphtheria pertussis (whooping cough);

(c) tetanus;

(d) poliomyelitis;

(e) measles;

(f) hepatitis B; and

(g) any other such diseases, the Minister may, by notice published in the Gazette, declare to be specified diseases.

(2) The Minister may amend subsection (1) by notice published in the Gazette.

Immunization of persons

74. (1) Every person of the age of five years and below five years shall be subject to immunization against the diseases specified in section 73.

(2) Every parent, custodian and guardian of a person of the age specified in subsection (1) or subsection (4) shall ensure that such person is immunized and in accordance with the schedule prescribed by the Ministry.

(3) The Ministry shall prescribe a schedule for the immunization which schedule shall be complied with by the Ministry, clinics, hospitals, health centres, and parents, custodians, guardians and any other person concerned or responsible for the health care of the person to be immunized.

(4) The health interests of the person to be immunized in terms of this section shall prevail and when deemed necessary by any authorised health officer or practitioner, as defined in section 59 except a traditional healer, any person above the age of five years may, and where necessary shall, be subject to immunization against any of the specified diseases and in such cases the parent, custodian, guardian or such person responsible for the person to be immunised shall ensure such person is immunized.

(5) Ethnicity, culture, custom, race, gender, age or religion shall be no excuse or defence to or for the contravention of the provisions of this section requiring the immunization of persons and no person shall fail to or caused to be immunized a person who is required by this section to be immunized on the grounds of ethic or ethnicity, culture, custom, race, gender, age or religion.

Persons to carry out immunizations

75. (1) Every health practitioner, as defined in section 59 except a traditional healer unless the Minister provides otherwise and any person authorized by the Minister, may carry out or perform the immunizations under this Part.

(2) The Minister may authorise, instruct or request any person, the Minister deems fit, to carry out immunizations under this Part on such terms and conditions as the Minister deems fit.

Charges for immunization against specified disease

76. (1) Immunization in terms of this Part shall be free of any charge in all Government owned, subvented, aided or controlled hospitals, clinics, health centres or institutions.

(2) Notwithstanding subsection (1) the Minister, for sound reasons, may permit minimal charges to be levied or charged in respect of immunization after Parliament approval by way of a motion.

Evidence of immunization before admission to learning institutions

77. (1) No child shall be admitted to any or attend any learning institution, school, pre-school, creche or any such other like institution unless or until there has been produced to the persons, in charge of or responsible for the admission or attendance in such institution, school, pre-school, creche, a valid certificate or other satisfactory documentary evidence that the provisions of this Part in respect to immunization of such child have been complied with.

(2) For the purpose of ascertaining whether or not the provisions of subsection (1) or the provisions requiring the immunization of children have been complied with, any authorised public health officer shall visit any such institution, school, pre-school, creche or other like institution and carry out investigations or inspections of the children attending thereat or records kept and relating to the immunization of such children.

(3) Such authorised public health officer shall then report the findings to the authorising officer or to the Director of Health Services who shall take the appropriate action in terms of this Act, including the prosecution of any person, not being a child, who violates the provisions of this Part.

(4) Where a child is to be admitted and it is found that, for a just reason, that child has not been immunized, that child may be admitted, subject to the immunization of that child before the child may start attending in that institution, school, pre-school, creche or such similar institution.

Emergency immunization of population at risk of specified disease

78. (1) In the event of an occurrence or threatened out break of a specified disease in an area, the Minister may order or require any person who is at risk to be forthwith immunized or re-immunized.

(2) In such a situation, the Minister may order, instruct or request any person or body of persons to carry out the immunization on such terms and conditions the Minister shall find necessary.

(3) Any person, parent or guardian who refuse, without a just cause, to be immunized or re-immunized or who refuses to allow or produce a child or such other person, required to be immunized, or person or body of persons who, without just cause, refuse or fail to carry out the Minister's orders, instructions or request, commits an offence and, on conviction, liable to the punishment contained in this Part or regulations made under this Part.

Regulations

79. (1) The Minister, by notice published in the Gazette, may make regulations to give effect to the provisions of this Part.

(2) Without prejudice to subsection (1) but in like manner the Minister may make regulations -

(a) prescribing forms, cards, notices, returns, and books of records to be used in connection with immunization and defining the information to be used or furnished therein and the manner of use thereof by any person connected with immunization, births and the welfare of children and any other relevant persons;

(b) prescribing and defining the duties, in connection with health employees and any other relevant persons who carry out or facilitate the immunizations;

(c) conferring powers and imposing duties in respect of carrying out or enforcing the immunization process on or by any person including children, police officers, persons in charge of learning institutions, local authorities, chiefs and other bodies either under Government or outside Government control or direction;

(d) prescribing the conditions under which immunizations shall be carried out or performed and the precautions to be observed by all persons connected with the immunization including persons to be immunized;

(e) prescribing the conditions under which immunization vaccines may be supplied free of charge to persons connected with the immunization; and

(f) as to the application and enforcement of the provisions of this Part to persons entering Swaziland and for requiring, where necessary, the immunization or re-immunization of such or any of such persons.

(3) The regulations made under this section may prescribe fees, charges, offences and penalties and the Minister may amend such fines payable under this Part or in the regulations except the terms of imprisonment.

Offences and Penalties

80. Any person who contravenes the provisions of this Part or regulations made under this Part commits an offence and shall be liable, on conviction, to a fine not exceeding five thousand Emalangeni or to imprisonment for a period not exceeding six months or to both fine and imprisonment.