Vote on Bill no. 1091 establishing the powers of medical inspectors of public health

Bill no. 1091 establishing the powers of public health inspectors [11 articles] (2024-3, 5 March 2024), received by the Parliament on 26 March 2024, alongside bill no. 1090 on the management of risks associated with healthcare, was voted on the same day, on 4 December 2024.

Bill no. 1091 expands on the original provisions of Bill no. 1040 on preserving patient health in healthcare facilities, which became Law 1.541 of 16 December 2022 and was ultimately devoted solely to nosocomial infections (Explanatory Memorandum to Bill 1091).

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Presentation

Sovereign Order no. 3.634 of 8 September 1966 setting out the remit of the medical inspector of public health stipulates that her/his general mission is to ensure that hygiene and public health rules are properly applied. This involves, in particular, the control and monitoring of all health and medico-social organisations, establishments and services for children under the age of 6, medical analysis laboratories and, more generally, the practice of all medical and paramedical professions.

However, the aforementioned Sovereign Order does not define the resources available to medical inspectors to enable them to carry out their duties.

Bill no. 1091 aims to remedy this shortcoming by taking a comprehensive approach to the conditions under which public health inspectors operate, defining all the powers they have to carry out their duties.

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SUMMARY

— Mission of the medical inspector of public health (art. 1)

• To ensure compliance with the legislative and regulatory provisions within their remit.
• To this end, monitoring compliance with these provisions, as well as investigating and noting any breaches or infringements thereof.
• In the event of failure to comply with these provisions, power to require the person concerned to implement corrective measures within a specified period.

All medical public health inspectors of public health take an oath before the Court of Appeal. They are bound to secrecy under the penalties set out in article 308 of the Criminal Code.

However, they are authorised to reveal information covered by this secrecy when this is necessary for the performance of their duties.

— Powers of the medical inspector of public health (art. 2)

• S/He may operate on the public highway, gain access to any premises, places, installations or means of transport used for professional purposes and carry out, on the basis of documents or on the premises, any checks and investigations that s/he deems necessary, without being bound by secrecy.
• When, in this context, the medical public health inspector of public health has access to individual medical data, he may only use that which is strictly necessary to carry out her/his duties.

— On-site visits and operations (art. 3)

• Visits and on-site operations may only take place between 6am and 9pm. They may, however, take place outside these hours if access to the public is authorised or if an activity is in progress.
• Distinction from on-site visits and operations, which may take place with or without judicial authorisation.

— Products presenting or likely to present a danger to health or the environment (art. 4 and 5)

• The medical inspector of public health has the power to place under seal products that present or are likely to present a danger to health or the environment, pending the results of the analysis of samples taken or the communication of documents requested.
• In addition, when s/he finds or becomes aware of the existence of products that present or are likely to present a danger to [a health or the environment, s/he informs the Director of Health Action so that the latter can request the President of the Court of First Instance to seize these products.
• In urgent cases and where the products present a particularly serious danger to health or the environment, the seizure may be carried out without judicial authorisation by the medical inspector of public health.

— Rules relating to the record of the procedures and conduct of on-site visits and operations, and recording the findings (art. 6)

— Rules relating to the report of the findings made during the on-site visit and operations and recorded in the minutes, sent by the Director of Health Action to the person concerned, who may make comments (art. 7).

— Rules relating to legal, disciplinary and criminal proceedings (art. 8, 9 and 10).

— Any person who obstructs or attempts to obstruct a medical inspector of public health in the performance of her/his duties shall be liable to imprisonment for a term of between one and six months and to the fine provided for in 2) of article 26 of the Criminal Code (art. 11).

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