Bill 52 (Legislature 4, Session 1)

L4 S1 9741

Alberta — Bills

BILL No. 52 of 1918.

An Act for the Prevention of Venereal Disease. (1ssented to , 1918.) HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the ProvincL of Alberta, enacts as fo11o'ws: 1. This Act ma,y be cited as "The Venereal Diseases

Short title Prevention Act." 2. In this Act-

Interpretation (a) "Board" shall mean Provincial Board of Health; Board (b) "Local board" shall mean Local Board of Health; Local Board (C) "Prescribed" shall mean prescribed by this Act Prescribed or by the regulations; Cd) "Regulations" shall mean regulations made under Regulations the authority of this Act or The Public Health Act; (e) " Venereal disease" shall mean and include syphilis, V,enereal d h . d disease gonorrhoea an c ancrOl . 3.

Whenever any person has been committed to a gaol Examination h I f d t t · " f' ff' of persons or ot er pace 0 e en IOn upon convICtIon or an 0 ence committed to under The Criminal Code of Canada, or under any Act of gaols, etc. the Province of Alberta or under any regulation referred to in the next succeeding subsection, the provincial medical officer of health may physically examine or cause to be physically examined by a legally qualified medical practitioner such person, in order to ascertain whether such person is infected with venereal disease.

(2) Whenever any person is under arrest or in custody PerBone in charged with an offence under The Criminal Code of Canada custody if 'the provincial medical officer of health believes or is credibly informed that such person is or may be or has been infected with or exposed to infection from venereal disease the said provincial medical officer of health may physically examine or cause to be physically examined such person in order to ascertain whether such person is infected with venereal disease.

(3) The method and extent of the examination authorized Regulations by this Act shall be such as to be effectual and may be as :ethod and 'b d b th I t' extent of prescn eye regu a Ions. examination

(4) If, upon such examination it is found that the person Treatment examined is so infected the provincial medical officer of di~:~e found health shall give such directions for the treatment of the to eX18t patient and, if necessary, for his detention and isolation and the prevention of infection from him as may be deemed proper and as may be authorized by the regulations, and he is hereby empowered to do and authorize any act necessary to effect the carrying out of such treatment, detention, isolation and prevention, and it shall be the duty of every such patient to carry ou't such directions as to treatment and of every constable, gaoler, warden, superintendent

2 and officer having the care and custody of any infected person in any place of detention or in any hospital to see that the directions of the provincial medical officer of health are duly carried out.

(5) It shall be the duty of every physician in medical ~~jY of charge of any gaol or place of detention or of the inmates surgeon, etc. thereof to report to the provincial medical officer of health the name and pInee of detention whethor before or after conviction of any person, whether ineluded in the class mentioned in the preceding subsections or not, whom he suspects 01' believes to be suffering from venereal disease, such report to be made within twenty-four hours after the time of arrival of such person in the gaol or place of detention. . 4.

No report or certificate of any legally qualified medical Rep.fit of practitioner given for the purposes of this Act bona fide :~'g.c;~~d d 'th t l' th . ff' f for action an WI ou neg Igence at any person IS su ermg rom venereal disease shall render him liable to an action nor be admissable in evidence in any proceedings, civil or criminal, against such medical practitioner or be made the ground of any prosecution, action or suit against him. 5.

The provincial medical officer of health, or a legally Right of qualified medical practitioner appointed by him in writing M~[Jt for that purpose, may upon the request or with the consent in writing of the council of any municipality, enter in and upon any house, outhouse or premises situated within such municipality, for the purpose of making inquiry and examination with respect to the state of health of any person therein, and may cause any person found therein who is infected with any venereal disease to be removed to a hospital or some other proper place, or may give such directions as may prevent others being infected in the said house, outhouse or premises. 6.

Every hospital receiving aid from the province under Hospital. The Hospital Ordinance shall provide accommodation ~~o~~:r.,n satisfactory to the provincial medical officer of health for treatment for such p,ersons suffering from venereal disease as may be assigned to it, and, in case of default, the whole or any part of' such grants as would otherwise be payable may be withheld. The treatment for such persons shall be carried out under the terms and conditions set out in the regulations under this Act.

(2) The Lieutenant Governor in Council shall have Designation d · t h't I th bli'" of place of power to eSIgna e any OSpl a or 0 er pu c mstltutlOn detention for or portion of any such hospital or institution under its treatment jurisdiction or any house or building as a hospital or place of detention or is:olation for the reception and treatment of any person suffering from venereal disease. 7.

No person other than a legally qualified medical ~~~;~ e~~ .• practitioner shall attend upon or prescribe for or supply or g~;!n~~alified offer to supply any drug, medicine, appliance or treatment 0 to or for a person suffering from venereal disease for the purpose of the alleviation or cure of such disease.

(2) Every person guilty of a contravention of subsection Penalty 1 shall incur a penalty of not less than $100 and not more than $500.

(3) Subsection 1 of this

section shall not apply to a Exception registered pharmaceutical chemist who dispenses to a patient ::~ist.

3 of a legally qualified medical practitioner the prescription of such practitioner or who sells to any person any patent or proprietary or other medicine, drug or appliance approved of by the regulations for the cure or alleviation of venereal disease. 8. Every person who- (

a) Publishes or causes or allows to be published in a ~nJa~ t newspaper or magazine or other periodical publi- et:. e men e, cation any notice, advertisement, statement, testimonial, letter or other matter; (

b) Issues or publishes or causes to be issued or pub lished any book, almanac, pamphlet, fly-sheet, document or other matter; (

c) Posts up or exhibits in any place so as to be visible to persons being in or passing along any street, highway, railway or public place, any notice, statement, advertisement, testimonial, letter or other matter; (

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 instru ment or as part of any treatment for the allevia tion or <lJlre of any venereal disease or of any disease or affection of the genito urinary organs or intended to convey an offer to give or pre scribe any form of treatment for any of the afore sBjd diseases; shall incu.r a penalty of not less than $100 nor more than $500, and in default of immediate p~yment thereof shall be imprisoned for a period not exceeding twelve months.

(2) Subsection 1 of this

section shall not apply to any Exceptions such

article which has been approved by regulations nor to books, documents and papers or other matter published in good faith for the advancement of medical or surgical science. 9. Every person who- (

a) Contravenes any prOVISIon of this Act or of theolTences regulations for which no other penalty is provided by this Act; (

b) Wilfully neglects or disobeys any order or direc tion lawfully given by the provincial medical officer of health or by the board under this Act or the regulations; (

c) Hinders, delays or obstructs any officer in the performance of his duties under this Act; or (

d) Without lawful authority publishes or discloses any proceedings taken under this Act or the regulations; shall where no other penalty or proceedings are prescribed Penalty or authorized incur a penalty of not less than $10 nor more than $100, and in default of immediate payment shall be imprisoned for a period not exceeding three months. 10. Every person who, publicly or privately, verballystatemente or in writing, directly or indirectly, states or intimates :~~t..nce of that any other person has contracted or been infected with disease

4 venereal disease, or has been examined or otherwise dealt with under the provisions of this Act, whether such state ment or intimation is or is not true, in addition to any other penalty or liability, shall incur a penalty of $200, Penalty and in default of immediate payment shall be imprisoned for a period of not more than three months.

(2) Subsection 1 shall not apply to disclosures made in Exceptions good faith to the provincial medical officer of health for his information in carrying out the provisions of this Act, n0r to any communication authorized or required to be made by this Act or the regulations. 11. All proceedings for the recovery of penalties under ).'roceedinge this Act except those authorized by

section 7 shall be In camera. conducted in camera and ilo report of 8,ny such proceedings shall be published. 12. Every person employed in the administration of this ob~i~ation Act shall preserve secrecy with regard to all matters which ~b.~rvance may come to his knowledge in the course of such employ- of secrecy ment, and shall not communicate any such matter to any other person except in the performance of his duties under this Act, and in default he shall in addition to any other P nalty penalty forfeit his office or be dismissed from his employ- c ment. 13. The board, subject to the approval of the Lieu- Regulations tenant Governor in Council, may make regulations- (

a) Declaring what shall be deemed to be lawful andr~~ai':::Jies proper methods and remedies for the treatment, alleviation and cure of venereal disease, and re- quiring all advertisements, statements, testi monials, letters or other matters of or regarding such methods and remedies to state the date and number of the official approval of the same and such other information as may be deemed de- sirable; (

b) Prescribing the course of conduct to be pursued by Co~duct of any person infected with venereal disease in patient order to effect a cure and to prevent the infec- tion of other persons; (

c) For .distributin~ to m~dical practitioners and ~i~~~~~~t~n hospItals such mformatlOn as to the treatment, diet, and care of persons suffering from venereal disease; (

d) Prescribing rules for the treatment of such persons Regulating in hospitals, places of detention and other insti- treatment tutions; (

e) For preventing the spread of infection from per- Preventing sons suffering from venereal disease; infection (

f) Requiring medical practitioners, hospital superin- Reports tendents and heads of places of detention and ~~;':ician8. public institutions to make reports upon the etc. cases of venereal disease coming under their treatment or care but without disclosing the name or address of any person suffering from venereal disease, and prescribing -the form of such reports; (

g) Providing for the putting up of notices and placards Notices dealing with venereal disease, its cause, mani festation, treatment and cure in all public urinals and conveniences and similar places;

5 (

h) Providing for public advertising and placarding of ruhlicati.oll of h . f . I' t th t t t d mformatlOn sue ill ormatIOn re atlVe 0 e rea men an as to f I d· d th I h treatment. etc. cure 0 venerea lSease an e paces were proper remedies can be obtained as may seem desirable; (

i) Imposing penalties for the violation of any pro- Penalties vision of this Act or anything; covered by this Act or any regulation; (

j) Generally for the carrying out of the provisions Generally of this Act and for the prevention, treatment and cure of venereal disease; (lc) Prescribing the procedure to be adopted and the Procedure on evidence to be required in case of an appeal to ~~~:~18 to the board from any action or decision of a medical officer of health under this Act; (

l) Providing for the procedure relative to detention Detentio,! for for the purpose of examination or cure or the ~~~;.mnatlOn or prevention of infection, so as not to interfer':) with the course of justice in case of persons under arrest or in custody previous to trial for any offence committed against the provisions of this Act or anything therein authorized or under any otbe:l' Statute or The Criminal Code.

(2) The board, with the approval of the Lieutenant fXpellReS of Governor in Council may, out of any moneys appropriated di~~ribution by the Legislature for the purposes of the board, provide for tbe free distribution to such hospitals and institutions l1S are nn.med in the regulations of any drug, medicine, appli9>nce o:r inst:ruments which the board may deem useful or necessary for the alleviation, treatment or cure of venereal dise9>se or the prevention of infection therefrom. 14:.

Every person who deems himself aggrieved by Appeal to any action or decision of a medical officer of health under board this Act may appeal therefrom t,o the board by giving notice in writing to the board and to the medical officer of health.

(2) The board may require the appellant to furnish such ~;;~:rce on information and evidence and to submit to such examination as may be prescribed or as the board may deem necessary to determine the matter in dispute.

(3) The decision of the board shall be final. Decision of board to be final 15. This Act shall come into force and take effect on the ~~~n;,fnX~t . day of. ... A.D. 1918.

No. 52. FIRST SESSION FOURTH LEGISLATURE 8 GEORGE V 1918 BILL

An Act for the Prevention of Venereal Disease. Received and read the First time .. " ............ . Second time .............. . Third time ................ . HON. MR. SMITH. EDMONTON: J. W. JII ...... T. Ktxa's PIIl1CTIIII A.D. 1918 Title: 1918 (4th, 1st) Bill 52,

An Act for the Prevention of Venereal Disease

Document details

Collection	Alberta — Bills
Citation	L4 S1 9741
Type	bill
Volume / chapter	L4 S1 9741
Language	en
Format	json
Source	PROVINCIAL
Identifier	6cef473c401b8f96603c3f640cac97d32e280924

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