Bill 49 — A Bill. Respecting the Prevention of Venereal Disease (Legislature 15, Session 2)
L15 S2 1489
Alberta — Bills
No. 49 13 Elizabeth II 2nd Session, 15th Legislature, Alberta BILL 49 A Bill. respecting the Prevention of Venereal Disease HON. DR. Ross Printed by L. S. WALL, Printer to the Queen's Most Excellent Majesty, Edmonton, Alberta, 1965
Explanatory Note I. General. This Bill will repeal and replace The Venereal Diseases Prevention Act, n.S.A. 1955, c. 358, which has been in force with few changes since 1917. Almost all of the provisions of the Bill have their equivalent in the legislation of the other pro vinces. A significant new feature is found in
section 17 which would enable a scheme to be set up to ensure free treatment of venereal disease cases by private physicians, the physicians in turn to be paid by the Pr(.i)vince. 2.
Definitions. The definition of "venereal disease" contains two additional diseases, viz., granuloma inguinale 'and lymphopathia venereum.
BILL No. 49 of 1965
An Act respecting the Prevention of Venereal Disease (Assented to , 1965) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Alberta, enacts as follows: 1. This Act may be cited as "The Venereal Diseases Pre vention Act, 1965~'. 2.
In this Act, (a) "clincial examination" means an examinati.on for venereal disease cons,isting of a physical examina tion, the taking .of samples or specimens from the body on the same .occasion as the physical examina ti.on and the testing of the samples or specimens at the place where the samples .or specimens were taken; (b) "Director" means the Director .of the Division; (c) "Division" means the Division .of Social Hygiene .of the Department of Public Health; (d) "infected" means having a venereal disease in a communicable stage; (e) "gaol physician" means a physician in attendance ,in his professiona,l capacity at a gaol, lock-up, reform atory .or similar place; (I) "laboratory tests" means tests .of samples or speci mens from the body made in a laboratory at a place .other than where the samples or specimens were taken; (g) "Minister" means the Minister .of Health; (h) "physician" means a duly qualified medical prac titioner; (i) "place .of detention" means a hospital, sana~orium, gaol, lock-up, ref.ormatory, ora~.y place deSIgnated as a place .of detention by the LIeutenant Governor in Council ; (i) "provincial clinic" means a venereal disease clinic operated by the Division; (k) "venereal disease" means syphilis, gonorrhoea, chancroid, granul.oma inguinale or lymphopathia venereum.
3. New. Duty of persons to consult physician or clinic and take treatment. 4. New. Duties of infected persons. 5. New. Duties of physicians and other medical personnel to report cases. 6. New. Report of laboratory tests. 2
Duties of Infected Persons 3. Every person who knows or suspects or has reason to believe that he is or may be infected with venereal disease (
a) shaH immediate1y consult a physician or attend at a provincial clinic to determine whether he is in fected or not, and (
b) if he iis found to be infected, shall submit to such treatment as may be directed by a physician or at a provincial clinic until he is no longer infected with venereal disease in the opinion of the physician consulted or the physician in charge of a provincial clinic. 4. Every person who is required by
section 3 to submit to treatment for venereal disease (
a) shal,l inform the physician consulted or the pro vincial ,clinic, as the case may be, of any change of his addres,s occurring during the period of treat ment, or (
b) iif he is under treatment by a physician and wishes to discontinue treatment under that physician, shall immediately consult and submit to treatment by an other physician or at a provincial clinic. Duties of Physicians and Others 5.
(1) It iis the duty of (
a) every physician, (
b) every superintendent or head of a hospital or san atorium, and (
c) every person in charge of medical services in a gaol, lock-up or reformatory or similar place or in an educational institution, to report to the Director ,every cas,e of infection with ven ereal disease coming under his diagnosis, treatment, care or charge for the first time.
(2) The report shall be completed and forwarded to the Director within forty-eight hours after the first diagnosis, treatment or knowledge by or of the physician, superintend ent, head or other person. 6. The person in charge of a laboratory shall report to the Director (
a) all positive and negative results of tests for syphilis made in the laboratory, and (
b) all positive results 'Of tests for gonorrhoea made in the laboratory, within forty-eight hours of the time the results are de termined. 2
7. New. Duty of physician to instruct patient re disease. 8. N·cw. Duty of phY3ician to report delinquent patients. 9. Notice to require attendance of suspected infected person to attend for examination and treatment. 3
7: Every physician who examines or treats a pers.on f.or or In respect of venereal disease shall instruct him in measures f.or preventing the spread of the disease and in form him of the necessity for regular treatment until cured. 8.
(1) Where an infe·cted person under treatment f.or v~nere~l disease by. a physician refuses .or neglects to con tInue hIS treatment 'in a manner and to a degree satisfactory to the physician, the physician shall forward a report to that effect to the Director unless he is sooner notified that the infected person is under treatment at a provincial clinic.
(2) A person who fails to attend upon his physician within seven days of an appointment for treatment for venereal disease shall be presumed to have neglected to continue his tr·eatment and in that case the physician shall forward the report to the Director within fourteen days of the appointment. Notice to Attend for Examination and Treatment 9.
(1) Where the Director has reasonable gr.ounds f.or be lieving that a person is infected with venereal disease by virtue .of (
a) a report forwarded by him pursuant to secti.on 5,6.or 8, .or (
b) the refusal or neglect of that person to continue treatment at a provincial clinic, or (
c) that person being named in a statutory declaration as a probable source or contact .of venereal disease, .or (
d) any other proof or inf.ormation in the possessi.on of the Director, the Director or any person authorized by the Director to do so may serve a notice .on that person requiring him to attend at the provincial clinic nearest his residence or at the office of a named physician for examination for venereal disease and, if he is found to be infected, for treatment of the disease.
(2) A notice under subsection (1) (
a) shaltl specify the time at or within which the person is to attend, and (
b) may require more than .one attendance for examina tion.
(3) Where the notice requires attendance at the offi~e of a named physician, the Director shall send a C.oPy of It to that physician with directions to (a) .conduct a clinical examination .of the person sus pected of being infected, (
b) send any samples .or specimens taken from the person's body to a laboratory for testing, and (
c) f.orward a certificate to the Director within a pre scribed time stating whether or nQt, on the basis of 3
10. Procedure to have a suspected infected person detained for clinical examination and, if necessary, treatment. (The present
section 6 permits detention on the warrant of the Provincial Board of Health.) A person detained for treatment may, however, be released earlier under certain conditions under clause 16. 4
the dinical examination and the laboratory tests if any, the person examined is infected with vene;eal disease. .
(4) Where a :person notified pursuant to subsection (1) IS found to be Infected by virtue of the certificate of a physician in charge oj a provincial clinic or the named physician, as the case may be, or by virtue of the certificate of the person in charge of the laboratory where the tests were made, the Director Dr a physician in charge of a pro vincial clinic may by notice give directions to that person as to the course of conduct to be pursued by him in under going treatment for venereal dis.ease.
(5) Where it is intended to name a physician in a notice under this section, the Director shall consult that physician before doing so. Persons Required to Undergo Treatment 10. (1) 'T~e Director Dr any off,icer of the Division authorized by the Director to do so may ,}ayan information before a magistrate stating that he has reason to believe that the person named therein is infected with venereal disease on any of the following grounds, na'mely, (
a) that the person has failed to comply with a notice served upon him under subsection (1) or (4) of
section 9, or (
b) that the person has been found to be infected on the basis of a clinical examination or laboratory tests and has refused or neglected to submit to treat ment or to continue treatment, or (
c) that the person has been named in a statutory declaration as a probable source or contact of ven ereal disease, or (
d) that in the opinion of the Director the clinical findings and history of the person indicate that he is or may be infected with venereal disease.
(2) Upon receiving the information the magistrate shall hear and consider the allegations of the informant and if he considers iit necessary or desirable the evidence of any witness and if he is of the opinion that a case for so doing has bee~ made out he shall issue his warrant to take the person named therein into custody and cause him to be taken to a place of detention and detained there (
a) for a clinical examination to determine whether he has venereal disease, and (
b) if he is found to be infected, for treatment for venerea,l disease until he is no longer infected.
(3) A person detained und~r subsectio~ (2) shall.be given a clinical examination forthWIth upon beIng so detaIned.
(4) The attending physician, immediately upon comple tion of the clinical examination, shall issue and forward to 4
II. This
section deals with cases where a person detained under claus'e 10 is not found infected on the basis 'Of a clinical examination alone but is later found to have venereal disease when the laboratory tests are later known. A further warrant may then be applied for under
section 10. 12.
(1) New. Certificate of physician as prima facie proof.
(2) New. Secrecy is t'O be preserved as to the name 'Of a declar ant whose declaration is used as the basis for proceedings under clause 10. 'The court may, however, see it on request. 5
a magistrate a certificate stating that the person named therein either (
a) is infected with venereal disease, in which case he shall be detained for treatment until he is no longer infected, or (
b) is not infected with venereal disease, in which case the magistrate shall order his immediate release, or (
c) is not infected with venereal disease on the basis of the clinical examination only and without the result of ,laboratory tests being determined, in which case the magistrate shall order his immediate release.
(5) When a magistrate is in receipt of a certificate of a physician stating that a person detained for treatment under clause (
a) of subsection (4) is no longer infected with venereal disease, the magistrate shall forthwith order the immediate release of that person. 11.
(1) Where a person is released pursuant to clause (
c) of subsection (4) of
section 10 and the laboratory tests subsequently show that the person is infected, a further in formation may be laid under clause (
b) of subsection (1) of
section 10 and if the magistrate issues his warrant, (
a) no clinical examination is necessary, and (
b) upon being detained in a place of detention, the person shall be deemed to be detained pursuant to clause (
a) of subsection (4) of
section 10.
(2) In any case to which subsection (1) refers, the magistrate may refuse the information if the application is made later than seven days after the results of the laboratory tests are known. 1~.
(1) In proceedings under
section 10, the certificate of a physician stating that the person named therein is in fected with venereal disease is and shall be admitted in evidence as prima facie proof of that fact and that the per son making it is a physician, without the necessity of prov ing the qualifications or signature of the physician making it.
(2) Where the ground or one of the grounds on which an information is laid under
section 10 ,is that the person against whom the proceedings are taken has been named in a statutory declaration as a probable source or contact of venereal disease (
a) it is not necessary that the declaration be an exhibit to the information, and (
b) neither the person against whom the proceedings are taken, his counselor agent, is entitled in those proceedings, or in any proceedings in Supreme Court for an order in the nature of a prerogative writ arising out of proceedings under
section 10, to 5
13. The present
section 3 (2) and
section 4 extensively revised. The Criminal Code offences mentioned in subsection (1) are as follows:
Section 164 (1) (c): vagrancy by being a common prostitute or nigh t walker.
Section 164 (1) (d): vagrancy by reason of being a person who supports himself in whole or in part by gaming or crime and has' no lawful profession or calling.
Section 182 (1): keeping a common bawdy-house.
Section 182 (2) (
a) and (b): being an inmate of, or found without lawful excuse in, a common bawdy-house.
Section 184 (1): procuring. 14. The present
section 3 (1) extended to permit examination of all persons in gaol. 6
inspect the declaration or ascerta,in the name .of the declarant, but the magistrate 'Or judge may request tha~ the declarati'On be pr.oduced to him for ex aminati.on as to its validity 'Or sufficiency, 13.
(1) Wh~re any,pe,rson is under arrest .or in custody and cha!ged WIth a crImIn~1 ,offence, a gaol physician may caus,e hIm to undergo a ,clInICal examinati.on to determine whether or n'Ot he is infected with venereal disease (
a) if that per'son is charged under any of the following pr'Ovisi'Ons 'Of the Criminal Code, namely, (i) ,par'agraph (c) 'Of subsecti.on (1) of
section 164, or (ii) paragraph (d) 'Of subsection (1) of
section 164 by reas.on 'Of living wh.olly .or in part on the avails 'Of pr.ostituti.on, or (iii) subsection (1) 'Of secti.on 182, or (iv) paragraph (
a) or (
b) of subsection (2) of secti'On 182, 'Or (v) subsection (1) 'Of secti.on 184, or (
b) in any other case, if the Director .or the ga.oI ph~sician has reas'On to believe that the person is or may have been exposed to infection with venereal disease, and may order that the person remain in custody until the clinical examinati'On is ,completed.
(2) Where a physician certifies that the pers'On examined is infected, the infected person shall underg.o medical treat ment for venereal disease but only while he is in custody and if he is not .otherwise entitled to be released. 14.
(1) Where any pers'On is in custody serving a sentence imposed .on a ,conviction, a gaol physician may cause him to undergo a clinical examinati'On to determine whether or not he is infected with venereal disease and may order that the person remain in custody until the clinical examina tion is completed.
(2) Where a physician certifies that a person in custody serving a sentence imposed ona convicti.on is infected (
a) the infected pers.on shall undergo medical treatment f'Or the disease and such action shall be taken as the gaol physician considers advisable for his isolati.on and the preventi.on of infection by him, and (
b) notwithstanding that he may .otherwise be entitled to be released, he shall be detained in custody for treatment until he is n.o longer infected.
(3) When a physician is of the .opinion that a pers.on de tained f'Or treatment under this
section is no longer infected with venereal disease, the physician shall f.orthwith ,issue a 6
15. Treatment of infected person in custody. The present
section 3(4), (5) and (6) and
section 4(3) and (4) extensively revised. 16. New. Procedure for the release of an infected person con ditioned on his following directions for treatment. If he fails to comply, he may again be detained for treatment. 7
cert~ficate to that effect and cause it tD be delivered im medIately to the gaDler, warden, superintendent constable or officer having the care and custody of the' person so detained.
(4) A certificate i~sued under subsection (3) is sufficient warrant and authorIty to the gaoler, warden superintend ent, cDnstable 'Or officer having the care and c~stody of that person to release him from custody if he is otherwise entitled to be released. 1.5.
(1) A certificate made under subsection (2) of sec tion 13 or subsection (2) of
section 14 shall be based either on the clinical examination or on the results of labDratory tests.
(2) An 'Order ofa gaol physician ora certificate of a physician under
section 13 Dr 14 is sufficient warrant to the gaoler, warden, 8uper,intendent, constable or officer having the care and custody of the person so charged or convicted to detain that person until the clinical examina tion is completed and, in the case of a convicted perSDn found to be infected, to carry out the provisions of subsec ti'On (2) of
section 14.
(3) Every infected person required to undergo medical treatment under
section 13 or 14 shal,l comply with all directions given by a gaol physician as to treatment and every gaoler, warden, superintendent,constable and officer having the care and custDdy of any infected person shall see that the directions of the gaol physician are carried out. 1.6.
(1) In this sectiDn "pe~son detained for treatment" means a person detained in custDdy for treatment fDr venereal disease pursuant tD (a) subsection (4) of
section 10, or (b) subsection (2) of
section 14 and WhD ,is 'Otherwise entitled to be released.
(2) Notwithstanding anything in
section 10 or 14, a magistrate may, upon applicatiDn 'Of which the Director has been given notice sufficient in the 'Opinion 'Of the magistrate, order the release of a pers'On detained fDr treatment 'On the condi tions that the person (
a) attend fDr treatment at a specified provincial clinic or upDn ·a physician named in the order, and (
b) comply with the d~rections for treatmen~ p~escri?t:d by the physician In charge of the proVInCIal clInIC Dr the named physician, as the case may be, until he is no l'Onger infected with venereal disease.
(3) The Director or any officer of the Division authorized by the Director to do so may lay an informa~ion before a magistrate stating that he has reason to belIeve that ~he perSDn released pursuant t? an order.l!lade under subsectIon (2) has failed to comply With a condItIon of the order. 7
17. Replaces the present
section 15. Clauses (
a) and (
b) are new. 18. The present
section 15 (2) (
a) and (
c) revised and with the addition of references to clinics. 19. New. 8
(4) UpDn receiving the infDrmatiDn the magistrate shall hear and cDnsider the allegatiDns 'Of the infDrmant and if heCDnsiders it necessary Dr desirable the evidence 'Of any witnes.s, and if he is of the DpiniDn that a case fDr so dDing has been made 'Out, he shall issue his warrant to take the person named therein into custody and cause him to be taken tD a place of detention and detained there for treat ment until he is no lDnger infected with venereal disease.
(5) When a magistrate is in receipt of a certificate 'Of a physician that a perSDn detained pursuant tD subsectiDn (4) is nD lDnger infected with venereal disease, the magi strate shall fDrthwith 'Order the imm'ediate release 'Of that person.
(6) A person detained under subsection (4) is nDt pre cluded from making a further application for an 'Order un der subsectiDn (2). General 17. The Lieutenant GovernDr in Council may make reg ulatiDns 8 (
a) prescribing a
schedule 'Of fees payable to physicians fDr services perfDrmed in repDrting, diagnosing or treating cases 'Of veneral disease and for drugs, medicines Dr appliances supplied to their patients, (
b) authorizing the Minister to pay fees to physicians in accordance with the
schedule prescribed under clause (
a) and prescribing the terms and conditions on which such fees may be paid, (
c) prescribing the forms 'Of informations, certificates, warrants and orders t'O he used for the purpose of this Act, and (
d) generally, for the carrying out of the provisions of this Act and fDr the prevention, treatment and cure of venereal diseases. 18. The Minister may (
a) establish and maintain 'One Dr more venereal disease ,clinics in the Province to be op'erated by the DivisiDn, (
b) subject to The Public Service Act, 1962, appoint physicians to be in charge 'Of or to cDnduct examina tiDns Dr to carry 'Out Dr supervise treatment of per sons fDr venereal disease at prDvincial clinics, and (
c) provide fDr the free distribution to hDspitals and 'Other institutions 'Of any drug, medicine Dr thing for the diagnDsis, treatment or cure 'Of venereal disease Dr the prevention 'Of infectiDn therefrom. 19. The DirectDr may (
a) prescribe the form of reports and notices required
20. Duty of approved hospital to provide ac-commodation, etc. 21. The present
section 7 expanded to include all persons, not just physicians. 22. New. 23. When proceedings under the Act are to be held in camera. The present
section 13 substantially revised. 9
or authorized to be given to or by the Director under this Act, (
b) apPQint or engage physicians to conduct clinical examinations 'Or perform or supervise the treatment for venereal disease of persons to whom notices are given under sectiQn 9, and perSQns released pursuant to
section 16, (
c) pr.ovide for the distribution to physicians and hos pitals of information as to the treatment and care of perSQns suffering from venereal disease, and (
d) provide f.or public advertising and nlacarding 'Of in formation relating to the treatment and cure of venerea,l disease and the places where proper treatment ,can be obtained. 20.
(1) Every approved hospital within the meaning of The Alberta Hospitals Act shall provide accommodation satisfactory tQ the Director for such persons infected 'Or suspected 'Of being infected with venereal disease as are assigned to it. (2) 'The treatment for such persons shall be carried out under the directiQns given by the DirectQr. (3) 'The Lieutenant Governor in Council may designate any hospital or 'Other public instituti'On, any portion of any hospital or institution under its jurisdiction or any hQuse 'Or building as a place 'Of detention for the purposes 'Of this Act. 21.
No action, prosecutiQn 'Or other proceeding Hes against any perSQn by reason of the making by him of any certificate, rep'Ort, notice, inf'Ormation, oral or written state'ment, statutory declaratiQn, communication or record indicating directly or indirectly that any other person is or was or may be 'Or may have been infected with venereal disease, if it is made in good faith and in the course of the administration of this Act 'Or the regulatiQns. 22.
This Act shall be administered SQ as not to interfere with the course 'Of justice in the case of any person under arrest or in custody prior to trial for any criminal offence except to the extent that it is n~cessary, for ~he purp~ses of this A'ct, to detain that persQn In custody untIl the clInIcal ex:aminatiQn is completed. 23.
(1) An proceedings (
a) under sections 10 and 16, 'Or (
b) pertaining to applications to the Su~reme 9our~ ~or an order in the nature 'Of a prerQgatIve wrIt arISIng 'Out of any proceeding under
section 10 or 16, shall be conducted in camera.
(2) In any proceedings 9
24. Disclosure of records and information obtained by persons administering the Act. The present
section 14 substantially revised. 25. New. 10
(
a) pertaining toO a pr.osecutioOn f.or an oOffence against this Act oOr an appeal therefroOm, 'Or (
b) pertaining toO. applicati.ons to the Supreme C'Ourt for an order In the nature oOf a preroOgative writ ar~sing out oOf any prosecuti'On foOr an .offence against thIS Act, .or 'an appeal froOm the granting oOr refus ing of the 'Order, thecoOu~ shall .order that the whoOle oOr any part oOf the proceedIngs shall be held in camera where it is shoOwn toO the 'court that the evidence toO he given in the proceedings oOr part thereof will oOr is Ukely toO indicate any perSoOn as being or having been infected with venereal disease 'and toO reveal his identity and that the giving oOf such evidence in public will cause unnecessary hardship toO that person in the circumstances.
(3) All records, transcripts and documents pertaining to any proOceedings referred to in subsectioOns (1) and (2) are coOnfidentialand shall not be made accessible foOr public in spection.
(4) NoO person shall make or publish a report or transcript oOf any proceedings referred toO in subsection (1) oOr (2) un less the report or transcript foOrms part oOf the reaSoOns for judgment given by a magistrate oOr judge, is coOntained in a pUblication devoted 'primarily toO the reporting oOf judicial decisions and d.oes noOt discloOse the name oOf any person whoO in thoOse proceedings was alleged oOr shoOwn to be oOr toO have been infected with venereal disease. 24.
(1) In the public interest, any file, recoOrd, document or paper kept by any person in any place (
a) that indicates in any way that any perSoOn is oOr was infected oOr is or was suspected of oOr alleged toO be infected, and (
b) that came intoO existence throOugh any thing doOne under or pursuant toO this Act oOr its predecessoOrs, shall not, withoOut the written consent of the Minister, be discloOsed to any person except toO a perSoOn toO whoOm its dis closure is oOr was necessary in the course of the administra tioOn of this Act or its predecessoOrs.
(2) A perSoOn who is or has been emploOyed 'oOr engaged in theadministratioOn oOf this Act shall noOt discloOse or be CoOm pelled to disclose any infoOrmatioOn oObtained by him in the course of the performance of his duties under this Act (
a) except ata trial oOf an accused foOr an offence against this Act or in proceedings under sectioOn 10, and (
b) in any other case, except upon the written coOnsent of the Minister. 25. Any noOtice permitted oOr required to .be given ~nder this Act may be given persoOnally or by reg'Istered mall ad dressed toO the addressee's last knoOwn address. 10
26. The present
section 10 revised. 27. The present
section 12, in part, revised. 28. The present
section 12 provides a penalty of $10 to $100, or up to 3 months for default. 29. New. 30. Repeal. 31. Commencement of Act. 11
Offences and Penalties 26.
(1) N.o pers.on other than a physician shall attend upon or prescribe, recnmmend, supply or offer tn supply toO or for any persnn any drug, medicine, treatment 'Or thing for the alleviati.on 'Or cure of venereal disease.
(2) ISubsection (1) does not apply to ( a) 'a registered pharmaceutical chemist who dispenses a physician's prescription, .or (
b) a registered nurse who a'cts 'On the instructions 'Of or under the supervision of a physician. 27. Everyone is guilty of an 'Offence who (
a) fails to comply with
section 3, 4, 5, 6 or 8, 'Or a notice or direction given to him under
section 9, 'Or (
b) without justification or excuse, publishes, discloses, exhibits or makes accessible to the public any rep10rt or document relating to proceedings required by this Act to be conducted in camera 'Or discloses any file, re'cord, document, paper or information in contra ventinn 'Of
section 24, or (
c) contra venes
section 26, or (
d) wilfully represents himself as bearing some other name than his 'Own or makes any false statement as to his .ordinary place of residence during the course of his treatment for venereal disease with the pur pose ofconceaHng his identity. 28. Everyone who is guilty of an offence under this Act is liable on
summary conviction to a fine of not more than two hundred dollars and in default of payment to imprison ment for a term .of not more than ninety days. 29. N.o prosecution shall be taken against any person for an .offence under this Act ex,cept with the consent of the Minister. 30. This Act repeals and replaces The Venereal Diseases Prevention Act, being
chapter 358 of the Revised Statutes, but any proceedings commenced under the repealed Act shall be coOntinued as if this Act had not come into foOrce. 31. This Act coOmes into fnrce on the first day of July, 1965. 11
No. 49 SECOND SESSION FIFTEENTH LEGISLATURE 13 ELIZABETH II 1965 BILL
An Act respecting the Prevention of Venereal Disease Received and read the First time ......................................... . Second time ............ . Third time ..... HON. DR. Ross Title: 1965 (15th, 2nd) Bill 49,
An Act respecting the Prevention of Venereal Disease