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TB Infection Control and the law

TB Infection Control and the law. 11 August 2015: National TB Infection Control Seminar John Stephens, stephens@section27.org.za. Road map. Scope of the policy? L ee v Minister of Correctional Services Other constitutional requirements Relevant regulations Relevant policy / programmes.

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TB Infection Control and the law

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  1. TB Infection Control and the law 11 August 2015: National TB Infection Control Seminar John Stephens, stephens@section27.org.za

  2. Road map • Scope of the policy? • Lee v Minister of Correctional Services • Other constitutional requirements • Relevant regulations • Relevant policy / programmes

  3. Lee v Minister of Correctional Services

  4. Lee v Minister of Correctional Services “the responsible authorities were aware that there was an appreciable risk of infection and contagion of TB in crowded living circumstances. Being aware of that risk they had a duty to take reasonable measures to reduce the risk of contagion.” [Judgment para 59]

  5. What does the Constitution require? • Realisation of the right to health • Legislation and policy are necessary but not sufficient • A precise implementation plan is needed • Must be evidence-based • Must be reasonable and flexible • Must be budgeted • Must be resourced • Must be made known to every facility • Must be monitored

  6. The Constitutional prohibition against vagueness • “[L]aws must be written in a clear and accessible manner. … The law must indicate with reasonable certainty to those who are bound by it what is required of them so that they may regulate their conduct accordingly” (Affordable Medicines Trust and Others v Minister of Health and Another para 108)

  7. Relevant regulations • Draft Norms and Standards Regulations” (the “OHSC Regs”) • Chapter 2 Sections 24 – 30 “prevention and control of infections” • Eg Section 24(1) – “The health establishment must implement an infection prevention and control programme to reduce health care associated infections”

  8. Relevant regulations • Draft Regulations Related to Communicable Diseases • Relevant committees and designated authorities to speak to one another • Trainings to be linked

  9. Relevant policy • Decentralisation Policy • Clinical Access Programmes for Bedaquiline and Linezolid

  10. Depending on scope • Clinics in Prisons and Schools • Note DCS Regulations / Policy and Standing Orders • Draft Policy on TB and HIV in Schools

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