Diphtheria Immunisation Ordinance

Bill No. 125/1961

Read the first time on 22nd February 1961.

An Ordinance to provide for compulsory immunisation against diphtheria for certain children.

Be it enacted by the Yang di-Pertuan Negara with the advice and consent of the Legislative Assembly of Singapore, as follows: —

Short title and commencement

1.—(1) This Ordinance may be cited as the Diphtheria Immunisation Ordinance, 1961, and shall come into operation on such date as the Minister may by notification in the Gazette appoint.

(2) The Minister may appoint different dates for the coming into operation of different provisions of this Ordinance.

Interpretation

2. In this Ordinance —

“booster diphtheria inoculation” means further inoculation against diphtheria of a person who has received one or the other of the complete courses of inoculation prescribed by regulations made under this Ordinance;

“guardian” in relation to a child means any person who has for the time being the charge of, or control over, the child and includes the parent of the child;

“infectious disease” has the same meaning as in the Quarantine and Prevention of Disease Ordinance (Cap. 147) and includes any other disease, which the Minister, by notification in the Gazette issued under the provisions of the said Ordinance, declares to be included within the said expression;

“inoculation” means the inoculation against diphtheria of such preparation or preparations as may from time to time be prescribed by regulations made under this Ordinance, on such number of occasions, with such intervals of time between such occasions, if more than one, as may from time to time be prescribed, and administered in such manner as may be prescribed;

“intra dermal test” means such test or tests as may be prescribed by regulations made under this Ordinance for the purpose of determining the susceptibility of a person to diphtheria;

“medical certificate” means a certificate signed by a medical officer or a medical practitioner;

“medical officer” means a medical practitioner in the service of the Government;

“medical practitioner” means a medical practitioner registered under the Medical Registration Ordinance (Cap. 191);

“nurse” means a nurse registered under the Nurses Registration Ordinance (Cap. 194);

“primary diphtheria inoculation” means the inoculation of a person who has not been previously immunised against diphtheria.

Intra dermal tests and inoculation to be carried out by medical officers, medical practitioners and nurses

3.—(1) No intra dermal test or inoculation shall be carried out except by medical officers, medical practitioners, nurses employed by the Government and nurses working under the supervision of medical practitioners.

(2) A record of every intra dermal test and inoculation shall be kept in the manner prescribed by regulations made under this Ordinance.

Certificate of inoculation to be sent to Assistant Director of Medical Services (Health)

4. Every medical officer or medical practitioner, who has inoculated a child or has had a child inoculated under his supervision as provided in subsection (1) of section 3 of this Ordinance, shall within seven days of such inoculation transmit by post or otherwise to the Assistant Director of Medical Services (Health) a certificate in such form as the Director of Medical Services may prescribe and deliver a duplicate thereof to the guardian of such child.

Primary diphtheria inoculation

5. Upon the coming into operation of this Ordinance, primary diphtheria inoculation shall be compulsory for every child residing in Singapore —

(a)	within twelve months of birth; or
(b)	who is under the age of seven years and who has not been previously immunised against diphtheria.

Booster diphtheria inoculation

6. Upon the coming into operation of this Ordinance, booster diphtheria inoculation shall be compulsory for every child residing in Singapore who has received primary diphtheria inoculation —

(a)

upon such child attaining the age of four years:

Provided that an interval of three years has elapsed since the administration to such child of primary diphtheria inoculation, but if such interval does not exceed three years and the child has passed the age of four years and has not attained the age of six years, booster diphtheria inoculation may be administered between the period of thirty-six to forty-two months of the primary diphtheria inoculation; and

(b)

upon such child entering a primary school, within twelve months of entering such school.

Postponement of primary diphtheria inoculation or booster diphtheria inoculation

7. Notwithstanding the provisions of sections 5 and 6 of this Ordinance, primary diphtheria inoculation or booster diphtheria inoculation may be postponed at the discretion of the Assistant Director of Medical Services (Health) in respect of any child as regards whom a medical certificate is presented to the effect that such child —

(a)	has already undergone inoculation whether before or after the coming into operation of this Ordinance; or
(b)	is for the time being unfit to undergo inoculation; or
(c)	is suffering from or has suffered from diphtheria; or
(d)	is not liable to contract diphtheria and has been so found by means of an intra dermal test.

Duty of guardian

8. Save as provided in section 7 of this Ordinance, it shall be the duty of the guardian of a child to whom the provisions of this Ordinance apply to present such child for inoculation.

Intra dermal tests and inoculation by medical practitioners

9.—(1) It shall be lawful for the guardian of a child required by this Ordinance to undergo inoculation to have an intra dermal test or the inoculation of such child performed at his own expense by a medical practitioner of his choice.

(2) A medical practitioner who carries out intra dermal tests and inoculation shall comply with the provisions of this Ordinance and of the regulations made thereunder.

(3) Any guardian who avails himself of the services of a medical practitioner under subsection (1) of this section, shall in all other matters comply with the provisions of this Ordinance and of the regulations made thereunder.

Certificate of unfitness

10.—(1) If any medical officer or medical practitioner is of the opinion that any child is not in a fit and proper state to be successfully inoculated, he shall without delay deliver to the guardian of such child a certificate under his hand in such form as the Director of Medical Services may prescribe.

(2) Such certificate shall remain in force for a period not exceeding three months and shall be renewable for successive periods not exceeding three months.

(3) At or before the end of each successive period, the guardian shall take or cause the child to be taken to a medical officer or a medical practitioner, who shall then examine the child and inoculate such child or give a further certificate in respect of such child in such form as the Director of Medical Services may prescribe.

(4) Any medical officer or medical practitioner who issues a certificate under this section shall, after the delivery thereof to the guardian, transmit without delay a copy of the same by post or otherwise to the Assistant Director of Medical Services (Health).

Registrar of Births and Deaths to give notice of inoculation

11. Every Registrar of Births and Deaths shall, immediately after the registration of the birth of a child, issue to the guardian of such child a notice in such form as may be approved by the Director of Medical Services, drawing attention to the provisions of paragraph (a) of section 5 of this Ordinance.

Penalties

12.—(1) Any person who —

(a)	without reasonable excuse refuses or neglects to do anything he is by this Ordinance required to do;
(b)	without reasonable excuse fails to comply with the requirements of any notice served on him under this Ordinance;
(c)	without reasonable excuse acts in contravention of or fails to comply with any provision of this Ordinance; or
(d)	obtains or is in possession of a false certificate purporting to be issued under this Ordinance,

shall be liable on conviction to a fine not exceeding five hundred dollars and in the case of a second or subsequent conviction to a fine not exceeding one thousand dollars or to imprisonment for a term not exceeding one year or to both such fine and imprisonment.

(2) No prosecution in respect of any offence under this Ordinance shall be instituted except with the written sanction of the Director of Medical Services.

(3) It shall not be a defence to any failure to comply with any provision of this Ordinance or of any regulation made thereunder that the person charged had received no notice under the provisions of section 11 of this Ordinance.

Suspension

13.—(1) The Minister may, by notification in the Gazette, suspend all or any of the provisions of this Ordinance during an epidemic of any infectious disease other than diphtheria.

(2) The Minister shall on the termination of such epidemic, by notification in the Gazette, restore such provisions of this Ordinance as he has suspended and order all persons affected by such suspension to perform, within such time as he may specify, all acts as remained to be performed by reason of such suspension.

Inoculation of children exposed to infection

14. Upon the occurrence of any outbreak of diphtheria in any district or area in Singapore, the Minister may so declare by notification in the Gazette and thereupon by writing under his hand order that every child under the age of twelve years residing in such district or area who has not suffered from diphtheria or has not been protected by recent inoculation, shall be inoculated forthwith and such inoculation shall be performed free of charge.

Regulations

15.—(1) The Minister may make regulations generally for carrying out the provisions of this Ordinance and, in particular, may by such regulations —

(a)	provide for all matters stated or required by this Ordinance to be prescribed;
(b)	prescribe any fees or charges which may be levied under this Ordinance; and
(c)	prescribe penalties for any contravention or failure to comply with any of the provisions of any regulation made under this section, but so that no such penalty shall exceed five hundred dollars.

(2) All regulations made under this section shall be published in the Gazette and shall be presented to the Legislative Assembly as soon as may be after publication and if a resolution is passed pursuant to a motion notice whereof has been given for a sitting day not later than the first available sitting day of the Assembly next after the expiry of three months from the date when such regulations are so presented annulling the regulations or any part thereof as from a specified date, such regulations or such part thereof as the case may be shall thereupon become void as from such date but without prejudice to the validity of anything previously done thereunder or to the making of new regulations.

Power to prescribe and remit fees

16. The Minister may from time to time by notification in the Gazette prescribe the maximum fees that may be charged by medical practitioners who carry out intra dermal tests and inoculations under the provisions of this Ordinance.

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