Acts and Regulations

2009-136 - Reporting and Diseases

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Full text
Current to 9 May 2024
NEW BRUNSWICK
REGULATION 2009-136
under the
Public Health Act
(O.C. 2009-455)
Filed November 20, 2009
Under section 68 of the Public Health Act, the Lieutenant-Governor in Council makes the following Regulation:
Citation
1This Regulation may be cited as the Reporting and Diseases Regulation – Public Health Act.
Definitions
2The following definitions apply in this Regulation.
“Act” means the Public Health Act.(Loi)
“day care center” Repealed: 2010, c.E-0.5, s.69
“early learning and childcare facility” means an early learning and childcare facility that is licensed by the Minister of Education and Early Childhood Development under the Early Childhood Services Act.(établissement de garderie éducative)
“school” means a school as defined in the Education Act.(école)
2010, c.E-0.5, s.69; 2016, c.37, s.159
Report by medical practitioner, nurse practitioner or nurse
Repealed: 2018-7
2018-7
3Repealed: 2018-7
2016-30; 2018-7
Report by person in charge of institution
Repealed: 2018-7
2018-7
4Repealed: 2018-7
2018-7
Report by chief executive officer of a regional health authority
Repealed: 2018-7
2018-7
5Repealed: 2018-7
2018-7
Contents of report
6A report made under section 27, 28 or 29 of the Act shall contain the following information:
(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 notifiable disease or has suffered a notifiable 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), if applicable;
(g.1) the name of the midwife of the person referred to in paragraph (b), if applicable;
(g.2) the results, if any, of any testing conducted in order to determine if a person referred to in paragraph (b)
(i) has a notifiable disease, is infected with an agent of a notifiable disease or has suffered a notifiable event, or
(ii) who is a deceased person, had a notifiable disease, had been infected with an agent of a notifiable disease or had suffered a notifiable event;
(h) such other clinical information as may be required by the Minister in relation to the matter being reported.
2016-30; 2018-7; 2019, c.22, s.3
Timing and form of report
2018-7
7A report made under section 27, 28 or 29 of the Act shall be delivered as follows:
(a) for those notifiable diseases or notifiable 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 notifiable diseases or notifiable 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 notifiable diseases or notifiable events listed in Part 3 of Schedule A – in writing within one week after identification.
2018-7
Reporting – exemption
8(1)A medical practitioner, nurse practitioner or nurse who carries out anonymous testing under a program authorized by the Minister is exempt from the requirement of making a report under section 27 of the Act 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 the requirement of making a report under section 30 of the Act 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.
2018-7
Reporting of contacts
9(1)The following diseases are prescribed for the purposes of section 31 of the Act:
(a) a sexually transmitted disease;
(b) a notifiable disease listed in Part 1, Part 2 or Part 3 of Schedule A; and
(c) a notifiable event listed in Part 1, Part 2 or Part 3 of Schedule A.
9(2)A report made under section 31 of the Act shall contain the following information:
(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.
2016-30; 2018-7
Report respecting refusal or neglect of treatment
2018-7
10(1)A report under section 32 of the Act shall be made orally to a medical officer of health without delay, followed by a written report within 24 hours after making the oral report.
10(2)A report made under section 32 of the Act shall contain the following information:
(a) the name and home address of the person;
(b) the Medicare number of the person;
(c) the telephone numbers for the person;
(d) the name of the Group I notifiable disease; and
(e) any relevant clinical information.
2018-7
Report by principal of school or operator of an early learning and childcare facility
2010, c.E-0.5, s.69
11A report under section 29 of the Act shall by made orally to a medical officer of health or a person designated by the Minister within 24 hours and shall contain 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.
2018-7
Immunization of children
12(1)For the purposes of subsection 42.1(1) of the Act, the following diseases are prescribed:
(a) diphtheria;
(b) tetanus;
(c) polio;
(d) pertussis;
(e) measles;
(f) mumps;
(g) rubella;
(h) varicella; and
(i) meningococcal disease.
12(2)For the purposes of subsection 42.1(2) of the Act, the following diseases are prescribed:
(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 infection.
2018-7
Immunization - information to Minister
13A medical practitioner, nurse practitioner, midwife or 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.
2016-30
Record of immunization
14A medical practitioner, nurse practitioner, midwife 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.
2016-30
Notifiable diseases prescribed
15Those diseases listed in Schedule A as notifiable diseases are prescribed as notifiable diseases.
Communicable diseases prescribed
Repealed: 2018-7
2018-7
16Repealed: 2018-7
2018-7
Group I notifiable diseases prescribed
2018-7
17The following diseases are prescribed as Group I notifiable diseases:
(a) human influenza caused by a new subtype;
(a.1) COVID-19;
(b) poliomyelitis;
(c) severe acute respiratory syndrome; and
(d) smallpox.
2018-7; 2020-31; 2024-26
Notifiable events prescribed
2018-7
18Those events listed in Schedule A as notifiable events are prescribed as notifiable events.
2018-7; 2024-26
Notifiable disease registry
2019, c.22, s.3
18.1For the purposes of section 42.2 of the Act, any information received by the Minister under section 42.01 of the Act shall be recorded in the notifiable disease registry.
2019, c.22, s.3
Immunization registry
2019, c.22, s.3
18.2For the purposes of section 42.3 of the Act, the following shall be recorded in the immunization registry: 
(a) any information received by the Minister under subsection 42.1(5) of the Act;
(b) any information provided to the Minister under section 13;
(c) the following information with respect to an account for service submitted to the Medicare Branch in accordance with subsection 11(2) of General Regulation – Medical Services Payment Act for the administration of a vaccine or biological preparation for a disease prescribed under subsection 12(1) of this Regulation: 
(i) the name and address of the person;
(ii) the Medicare number of the person;
(iii) the date of birth and gender of the person;
(iv) the date on which the vaccine or biological preparation was administered;
(v) the name and lot number of the vaccine or biological preparation; and
(vi) the name of the person who administered the vaccine or biological preparation.
2019, c.22, s.3
Commencement
19This Regulation comes into force on November 20, 2009.
SCHEDULE A
The reporting requirements for those notifiable diseases and notifiable 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 after 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
Notifiable Diseases
Anthrax
Acute flaccid paralysis (AFP)
Anaplasmosis
Botulism
Brucellosis
Babesiosis
Cholera
Campylobacteriosis
Borrelia miyamotoi
Diphtheria
Cryptosporidiosis
Chlamydial infection (genital)
Human influenza caused by a new subtype
Cyclosporiasis
Clostridium difficile associated diarrhea
Measles
Escherichia coli infection (verotoxigenic)
COVID-19
Meningococcal disease (invasive)
Giardiasis
Creutzfeld-Jacob disease (Classic and New Variant)
Multisystem inflammatory syndrome in children (MIS-C)
Guillain-Barré syndrome
Cytomegalovirus (congenital/neonatal)
Plague
Hantavirus pulmonary syndrome
Gonococcal infection
Poliomyelitis
Haemophilus influenzae infection – all serotypes (invasive)
Hepatitis C
Severe acute respiratory syndrome
Hepatitis A
Hepatitis G
Smallpox
Hepatitis B
Hepatitis (other viral)
Yellow fever
Hepatitis E
Herpes (congenital / neonatal)
Viral Haemorrhagic fever
Legionellosis
Human immunodeficiency virus infection / Acquired immunodeficiency syndrome
Listeriosis (invasive)
Influenza (laboratory confirmed)
Mpox
Leprosy
Mumps
Leptospirosis
Paralytic shellfish poisoning
Lyme borreliosis
Pertussis
Malaria
Q fever
Methicillin-resistant
Staphylococcus aureus
Rabies
Powassan virus
Rubella (including congenital)
Pneumococcal infection (invasive)
Salmonellosis
Psittaccosis
Shigellosis
Respiratory syncytial virus (RSV)
Staphylococcus aureus foodborne intoxications
Rickettsial infection
Streptococcus group A infection (invasive)
Streptococcus group B infection (neonatal)
Tularemia
Syphilis (including congenital)
Tuberculosis (active)
Tetanus
Typhoid
Toxoplasmosis
Varicella
Vancomycin-resistant Enterococci
Vibrio species pathogenic to humans (other than Cholera)
West Nile virus infection
Yersinosis
Notifiable Events
Unusual clusters of suspect notifiable disease cases or clusters of unknown aetiology
Exposure to suspected rabid animal
Adverse reaction to a vaccine or other immunizing agent
Clusters of illness thought to be food- or water-borne or enteric
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
Suspect case of an existing or new variant of human or animal prion disease
Clusters of severe or atypical illness thought to be respiratory-borne
2018-7; 2020-28; 2020-50; 2022-33; 2022-75; 2023-23; 2024-26
N.B. This Regulation is consolidated to May 9, 2024.