We have been granted several powers to protect public health: HPA

Health Protection Agency (HPA) has said that the provisions provided to the agency by the Public Health Act, such as the power to enter and inspect places without a court warrant, and the power to prevent actions that might endanger public health, has empowered the agency to safeguard public health as necessary.

Under the Public Health Act, Centre for Community Health and Disease Control (CCHDC) was abolished and their mandates were transferred to HPA.

Acting In-charge of HPA Aslam Ibrahim said today that changes will be seen through the powers granted by the Act. He said that they now have the power to rectify issues such as food and beverage establishments that operate against regulation, parties that allow water to accumulate in construction sites, and problems related to street rubbish and littering.

“We will announce that these places will be inspected. We are then entitled to inspect these places, even without permission. We think that these things can be implemented. Just a piece of legislature will not make things happen. It can only be done if it is carried out with proper capacity,” Aslam said.

He said that the organizational structure and details of the designations and posts of HPA has now been formulated and submitted to the Minister of Health and the Ministry Department Secretary, and that the announcement for the post of head of the agency, the Public Health Director General will be made as soon as the details are approved.

Public Health Director General is appointed by the Civil Service Commission (CSC). The Public Health Act stipulates that once some of the powers of the Minister are handed to the Director General, he will have the power to issue certain orders. Also, a person who restricts or violates an order by the Director General can be fined by MVR 5000.

The Act also states gives HPA the authority to obtain court orders to detain a person suspected of being infected by dangerous viruses, and also states that the a doctor can examine such a patient without his or her consent. The Act also states that the Civil Court has the jurisdiction to extend the detention of such a person in instances where the person does not show signs of recovery.

Aslam said that they are currently working on the many regulations that have to come into force under the Act and that these include regulations and measures to be taken to safeguard against public dangerous and infectious diseases. He also said that they are putting together regulations which state the principles in which fines can be levied on various violations.

The Public Health Act stipulates that fines can be levied upon places that operate below acceptable hygiene levels, for littering and throwing rubbish on the streets, and for allowing organisms dangerous for humans to form.

The Act states that an establishment serving food may be fined up to a maximum amount of MVR 10,000 if the food they serve is contaminated. If the person preparing the food has an infectious disease, and is aware of the possibility of spreading the infection and partakes in any stage of the preparation of the food, the person maybe fine by a maximum amount of MVR 10,000.

If an official of the HPA is barred from entering a place for inspection, the person barring the inspector may be fined up to a maximum amount of MVR 5,000.

If a person establishes a public pool without the proper permits, the person may be fined up to a maximum of MVR 25,000. If such a pool is not closed during a season known for spreading of certain infectious diseases, the proprietor is liable to be fined with a maximum amount of MVR 50,000.