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Under section 68 of the Public Health Act, the Lieutenant-Governor in Council makes the following Regulation:

1This Regulation may be cited as the Reporting and Diseases Regulation - Public Health Act.

2The following definitions apply in this Regulation.

“Act” means the Public Health Act.(Loi)

“day care center” means a day care center as defined in New Brunswick Regulation 83-85 under the Family Services Act that has been issued an approval by the Minister of Social Development under the Family Services Act.(garderie)

“school” means a school as defined in the Education Act.(école)

Report by medical practitioner, nurse practitioner or nurse

3A medical practitioner, nurse practitioner or nurse who, while providing professional services to a person who is not a patient in or an outpatient of a hospital facility or a resident of an institution, has reasonable and probable grounds to believe that the person has or may have a notifiable disease, is or may be infected with an agent of a communicable disease or has suffered a reportable event, as listed in Schedule A, shall report to a medical officer of health or a person designated by the Minister the information required under section 6.

Report by person in charge of institution

4A person in charge of an institution who has reasonable and probable grounds to believe that the person under his or her custody or control has or may have a notifiable disease, is or may be infected with an agent of a communicable disease or has suffered a reportable event, as listed in Schedule A, shall report to a medical officer of health or a person designated by the Minister the information required under section 6.

Report by chief executive officer of a regional health authority

5The chief executive officer of a regional health authority or person designated by the chief executive officer shall, where there is an entry in the records of a hospital facility operated by the regional health authority that states that a person who is a patient in or an outpatient of a hospital facility has or may have a notifiable disease, is or may be infected by an agent of a communicable disease or has suffered a reportable event, as listed in Schedule A, shall report to a medical officer of health or a person designated by the Minister the information required under section 6.

Contents of report

6The following information shall be provided in a report:

(a) the name, address and telephone number of the person reporting;

(b) the name and address of the person who has or may have a notifiable disease, is or may be infected with an agent of a communicable disease or has suffered a reportable event;

(c) the Medicare number of the person referred to in paragraph (b);

(d) the residential telephone number and any other telephone number for the person referred to in paragraph (b);

(e) the date of birth and gender of the person referred to in paragraph (b);

(f) the name or description of the disease or reportable event;

(g) the name of the primary care medical practitioner or attending physician of the person referred to in paragraph (b), where applicable;

(h) such other clinical information as may be required by the Minister in relation to the matter being reported.

Timing and form of report

7(1)A report referred to in section 3, 4 or 5 shall be delivered as follows:

(a) for those communicable diseases, notifiable diseases or reportable events listed in Part 1 of Schedule A - orally within one hour after identification, followed by a written report by the end of the next working day;

(b) for those communicable diseases, notifiable diseases or reportable events listed in Part 2 of Schedule A - orally as soon as possible within 24 hours after identification, followed by a written report within one week; and

(c) for those communicable diseases, notifiable diseases or reportable events listed in Part 3 of Schedule A - in writing within one week after identification.

7(2)A written report shall be made on a form provided by the Minister.

Reporting - exemption

8(1)Notwithstanding section 3, a medical practitioner, nurse practitioner or nurse who carries out anonymous testing under a program authorized by the Minister is exempt from making a report with respect to persons who are tested for human immunodeficiency virus.

8(2)If anonymous testing is carried out by a regional health authority under a program authorized by the Minister, the chief executive officer of the regional health authority, or a person designated by the chief executive officer, is exempt from making a report with respect to persons who are tested for human immunodeficiency virus, but shall report the number of positive tests results determined as a result of the anonymous testing as soon as practicable.

Reporting of contacts

9A medical practitioner, nurse practitioner or nurse who provides professional services to a person who has a sexually transmitted disease, tuberculosis, measles, meningococcal (invasive) disease or other communicable disease shall, when requested by the medical officer of health or a person designated by the Minister, inform the medical officer of health or person designated by the Minister of the following:

(a) the names of all known contacts of the person;

(b) the addresses of all known contacts; and

(c) the telephone numbers for all known contacts.

Report respecting refusal or neglect of treatment

10(1)Where a medical practitioner or nurse practitioner is providing care and treatment to a person with a Group I communicable disease, as defined in the Act or prescribed in section 17, and the person refuses or neglects to continue the treatment in a manner and to a degree satisfactory to the medical practitioner or nurse practitioner or comply with an order made by a medical officer of health with respect to that matter, he or she shall make an oral report to a medical officer of health without delay, followed by a written report within 24 hours after the making of the oral report.

10(2)A report under subsection (1) shall contain the following information:

(a) the name and residential address of the person;

(b) the Medicare number of the person;

(c) the telephone numbers for the person;

(d) the name of disease; and

(e) any relevant clinical information

Report by principal of school or operator of a day care center

11Where the principal of a school or operator of a day care center believes, on reasonable and probable grounds, that a pupil in the school or child in the day care center has or may be affected by measles, meningitis, mumps, pertussis, rubella, an Escherichia coli infection or any disease listed in Part 1 of Schedule A, he or she shall, within 24 hours after coming to such belief, verbally report to a medical officer of health or a person designated by the Minister the following information:

(a) the name, address and telephone numbers of person making the report;

(b) the name and address of the pupil or child believed to be infected;

(c) the Medicare number of the pupil or child;

(d) the date of birth and gender of the pupil or child;

(e) the name or description of the disease;

(f) the name of the parent or legal guardian of the pupil or child;

(g) the residential telephone number and any other telephone number where the parent or legal guardian may be reached;

(h) the name of the primary care medical practitioner of the pupil or child, if known; and

(i) any relevant clinical information.

Immunization of children

12(1)If a child is entering a school in New Brunswick for the first time, the principal of the school shall ensure that proof of immunization of the child for the following diseases is provided to him or her:

(a) diphtheria;

(b) tetanus;

(c) polio;

(d) pertussis;

(e) measles;

(f) mumps;

(g) rubella;

(h) varicella; and

(i) meningococcal disease.

12(2)The operator of a day care center shall ensure that proof of immunization for the following diseases is provided to him or her for each child who attends that day care center:

(a) diphtheria;

(b) tetanus;

(c) polio;

(d) pertussis;

(e) measles;

(f) mumps;

(g) rubella;

(h) varicella;

(i) meningococcal disease;

(j) Haemophilus influenzae type B disease; and

(k) pneumococcal disease.

12(3)Notwithstanding subsections (1) and (2), proof of immunization is not required if the parent or legal guardian of the child provides

(a) a medical exemption, on a form provided by the Minister, that is signed by a medical practitioner or nurse practitioner, or

(b) a written statement, on a form provided by the Minister, signed by the parent or legal guardian of his or her objections to the immunizations required by the Minister.

Immunization - information to Minister

13A medical practitioner, nurse practitioner or a nurse who administers a publicly funded vaccine or biological preparation to a person shall provide to the Minister in a manner required by the Minister the following information within one week after administering the vaccine or biological preparation:

(a) the name and address of the person to whom the vaccine or biological preparation was administered;

(b) the Medicare number of the person;

(c) the date of birth and gender of the person;

(d) the date on which the vaccine or biological preparation was administered;

(e) the name and lot number of the vaccine or biological preparation; and

(f) the name of the person who administered the vaccine or biological preparation.

Record of immunization

14A medical practitioner, nurse practitioner or nurse who administers a vaccine to a person shall provide to the person a record of the immunization on a form provided by the Minister that includes the following information:

(a) the name of person and date of birth;

(b) the Medicare number of the person;

(c) the name of disease against which the person has been vaccinated; and

(d) the date on which the vaccine was administered.

Notifiable diseases prescribed

15Those diseases listed in Schedule A as notifiable diseases are prescribed as notifiable diseases.

Communicable diseases prescribed

16Those diseases listed in Schedule A as communicable diseases are prescribed as communicable diseases.

Group I communicable disease prescribed

17Severe acute respiratory syndrome is prescribed as a Group I communicable disease.

Reportable events prescribed

18Those events listed in Schedule A as reportable events are prescribed as reportable events.

Commencement

19This Regulation comes into force on November 20, 2009.

SCHEDULE A

The reporting requirements for those communicable diseases, notifiable diseases and reportable events as listed below are as follows:

Part 1: Orally within one hour after identification, followed by a written report by the end of the next working day.

Part 2: Orally as soon as possible within 24 hours of identification, followed by a written report within one week after identification.

Part 3: In writing within one week after identification.

Part 1	Part 2	Part 3
Communicable Diseases
Anthrax	Brucellosis	Chlamydial infection (genital)
Cholera	Campylobacteriosis	Clostridium difficile associated diarrhea
Diphtheria	Cryptosporidiosis	Creutzfeld-Jacob disease- Classic and New Variant
Hemorrhagic fever diseases	Cyclosporiasis	Cytomegalovirus (neonatal/congenital)
Influenza caused by a new subtype	Escherichia coli (pathogenic)	Gonococcal infection
Measles	Giardiasis	Hepatitis C
Plague - pneumonic		Hepatitis G
Poliomyelitis	Hantavirus pulmonary syndrome	Hepatitis - other viral
Severe acute respiratory syndrome	Haemophilus influenzae (invasive) - type B and non-B	Herpes (congenital)
Smallpox	Hepatitis A	Human immunodeficiency virus/Acquired immunodeficiency syndrome
Yellow fever	Hepatitis B	Influenza (laboratory confirmed)
	Hepatitis E	Leprosy
	Legionellosis	Leptospirosis
	Listeriosis (invasive)	Lyme borreliosis
	Meningococcal (invasive) disease	Malaria
	Mumps	Pneumococcal disease (invasive)
	Pertussis	Psittaccosis
	Plague - bubonic	Rickettsial infection
	Q fever	Streptococcus B (neonatal)
	Rabies	Syphilis
	Rubella
	Salmonellosis
	Shigellosis - bacillary dysentry
	Staphylococcus aureus intoxications
	Streptococcus A- beta-hemolytic (invasive)
	Tularemia
	Tuberculosis (active)
	Typhoid
	Varicella
	Vibrio species
	West Nile virus infection
	Yersinosis
Notifiable Diseases
Botulism	Guillain-Barré syndrome	Tetanus
	Paralytic shellfish poisoning
Reportable Events
Clusters of illness thought to be food or water borne	Exposure to suspected rabid animal	Adverse reaction to a vaccine or other immunizing agent
Clusters of severe or atypical illness thought to be respiratory borne	Unusual illness, defined as follows: patient presenting with symptoms that do not fit any recognizable clinical picture; known aetiology but not expected to occur in New Brunswick; known aetiology that does not behave as expected or clusters presenting with unknown aetiology

N.B. This Regulation is consolidated to November 20, 2009.

2009-136 - Reporting and Diseases

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