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54
case of a death certified as due to tuberculosis of a person who
had not previously been notified under the Regulations) there is
'prima facie' evidence of neglect to notify on the part of the
medical attendant, immediate steps should be taken by the Local
Authority to obtain an explanation from the medical attendant as
to the circumstances under which formal notification under the
Regulations was not made. If the explanation is not satisfactory,
it should be borne in mind that the Local Authority have power
to institute proceedings for the recovery of a penalty under Section
1 (3) of the Public Health Act, 1896, in cases of wilful neglect or
refusal to carry out the Regulations; and it appears to the
Minister that it may even be desirable to proceed to a prosecution
in one or two cases of the kind where the circumstances warrant
such action in order to secure the objects of the Regulations."
I have received information that a sample of sputum in respect
of the above-named patient has been found to contain
tubercle bacilli, but I do not appear to have received a notification
as required by the Public Health (Tuberculosis) Regulations, 1912.
Article V. of the Regulations requires that "every medical
practitioner shall within 48 hours after becoming aware that such
person is suffering from tuberculosis, make and sign a notification
of the case in Form A., and shall transmit the notification to the
Medical Officer of Health for the district within which the place
of residence of the person is situate at the date of notification."
I am forwarding, for your information, an extract from
Circular 549 of the Ministry of Health with reference to the
Public Health (Tuberculosis) Regulations, 1912 and 1921.
The Ministry of Health are paying increasing attention to
the question of notification of Tuberculosis, and I should be glad
if you would co-operate with me in this respect as fully as possible.