PREVMED CHAPTERS 19-22. C19: NUISANCES AND OFFENSIVE TRADES AND OCCUPATION NUISANCE – Anything that injures health, endangers life, offends and senses.

PREVMED

CHAPTERS 19-22

C19: NUISANCES AND OFFENSIVE TRADES AND OCCUPATION

• NUISANCE– Anything that injures health, endangers life,

offends and senses and produces discomforts to the community

OFFENSIVE TRADES OR OCCUPATIONS

Soap boiling Scrap processing

Gut cleaning Manure storing

Boiling of bones, fat or lard Lime burning

Manufacturing of glue or fertilizer Lye making

Skin curing Manufacturing process (Lead,

• TYPES OF NUISANCES– Private or public premises maintained and used in a

manner injurious to health– Breeding places and harborages of vermin– Animals and their carcasses which are injurious to

health– Accumulation of refuse– Noxious matter or waste water discharged improperly

in streets– Animal stockage maintained in a manner injurious to

health– Excessive noise – Illegal shanties

• RESPONSIBILITIES OF OWNERS, MANAGERS OR OPERATORS– Secure a sanitary permit (Local Health Authority)– Remove daily all injurious by product and waste– Prevent the escape of industrial impurities and

adopt methods to render them innocuous– Maintain working establishments clean and

sanitary at all times– Store all materials properly• Prevents the emission of noxious or injurious effluvia

C20: POLLUTION OF ENVIRONMENT

• REPUBLIC ACT NO. 3931– Rules and regulation of the National Water and Air

Pollution Control Commission

• PRESIDENTIAL DECREE NO. 480– Rules and regulation of the Radiation Health

Office of the Department Health

• AUTHORITY OF THE SECRETARY– Authorized to promulgate the rules and regulation for

the control and prevention of the following types of pollution:• Pesticides and heavy metals• Pollution of food caused by biological agents, radioactive

materials and excessive or improper use of food additives• Non-ionizing radiation (Laser beams or microwaves)• Noise Pollution (Land or Air transport, building construction)• Biological Pollutants (Intestinal Infections)• Pollution of Agricultural Products (Pesticides, Unsanitary

agricultural practices)• Any type of pollution not covered by RA 3931 and PD 480

C21: DISPOSAL OF DEAD PERSONS• Burial grounds

– cemetery or memorial park that is duly authorized by the law for permanent disposal of the dead

• Embalming – preparing, disinfecting, and preserving a dead body for its final

disposal• Embalmer

– the person who practices embalming• Undertaking

– the care, transport and the disposal of the body of a deceased person by any means other than embalming

• Undertaker – the person who practices undertaking

• Funeral Establishment – any place used in the preparation and care of the

body of a deceased person for burial• Remains

– body of the dead person• Burial

– interment of remains in a grave, tomb or sea• Disinterment

– removal or exhumation of remains from places of interment

• BURIAL GROUND REQUIREMENTS– It shall be unlawful for any person to bury

remains in places other than those legally authorized by the law

– A burial ground shall be at least 25m distant from any dwelling house and no house shall be constructed with the same distance from any burial ground

– No burial ground shall be located within 50m from any source of water supply

• BURIAL REQUIREMENTS– No remains shall be buried without a death

certificate– Shipment of the remains abroad shall be governed

by the rules and regulation of the Bureau of Quarantine

– Grave where remains are buried shall be at least 1 ½m deep, filled well and firmly

– The cost of burial of a dead person shall be done by the nearest kin

– The burial remains in city or municipal burial grounds shall not be prohibited on account of race, nationality, religion or political persuasion

– If the person who issues a death certificate has reasons to believe or suspect that the cause of death was due to violence or crime, he shall notify immediately the local authorities concerned.

– Except when required by legal investigation or when permitted by local health authority, no unembalmed remains shall remain unburied longer than 48 hours of death

– When the cause of death is a dangerous communicable disease, the remains shall be buried within 12 hours after death

• DISINTERMENT REQUIREMENTS– Non- dangerous communicable disease - 3 years– Dangerous communicable disease – 5 years– Disinterment of remains are permitted within a

shorter period of time than that prescribed in special cases, subject to the approval of the Regional Director concerned or his duly authorized representative

– The remains shall be disinfected and placed in a durable and sealed container prior to their final disposal

• FUNERAL AND EMBALMING ESTABLISHMENTS– SCOPE OF INCLUSION• Requirements prescribed herein shall be applied and

enforced to funeral chapels, embalming establishment and morgues

– SANITARY PERMIT• No establishment shall operate without a sanitary

permit • Can be revoked in case of any violations of the

provisions, rules and regulations promulgated by the secretary

• CATEGORIES OF FUNERAL ESTABLISHMENT– CATEGORY I • Establishments with chapels and embalming facilities

and offering funeral services

– CATEGORY II• Establishments with chapels and offering funeral

services without embalming facilities

– CATEGORY III• Establishments only offering funeral services

• SANITARY REQUIREMENTS FOR FUNERAL CHAPELS– EMBALMING AND DRESSING ROOMS

• Concrete or semi-concrete materials with sufficient space to accommodate 5 bodies at one time

• Floors are made of concrete or other durable impervious materials

• Adequate lighting and ventilation• Embalming should be done on a marble table or other

equally impervious materials. All washings and body fluids shall flow to a drain connected to the waste piping system of the building

• Embalmers and assistants should wear gloves while working• Washing facilities with soap, detergents and germicidal

solutions shall be provided by the use of the working personnel

• LICENSING AND REGISTRATION PROCEDURES– ISSUANCE OF LICENSE TO PRACTICE• Practice of undertaking and embalming – licensed after

passing the examination conducted by the department• Should practice under the requirements of the

department• Display of the licenses conspicuously in the

establishment where they work

• ISSUANCE OF CERTIFICTES OF REGISTRATION– Undertaker or embalmer – 25.00 pesos registration

fee annually to the Regional Health Office concerned– First registration certificate

• Date of issuance to the last day of the current year

– Subsequent certificates • Jan 1 to Dec 31 of the same year

– Certificate of registration shall be posted conspicuously in establishment concerened

• EXEMPTION– Government and physicians may perform embalming

without license and registration certificates as exigencies require

• AUTOPSY AND DISSECTION OF REMAINS– Persons authorized to perform:• Health officers• Medical officers of health enforcement agencies• Members of the medical staff of accredited hospitals

– Performed in following cases:• Whenever required by the special law• Upon orders of the competent court, a mayor, a

provincial and city fiscal• Upon written request of police authorities• Whenever a Solicitor General, provincial or city fiscal as

authorized by existing laws • Whenever the nearest kin shall request in writing the

authorities concerned to ascertain the cause of death

– Autopsies may performed on patients who die in accredited hospitals subject to the following requirements:• Director of the hospital shall notify the next kin of the

death of the deceased and request permission to perform autopsy• It can be performed when it is granted or no objections

is raised to such autopsy within 48 hrs after death• In cases where it has no next of kin, the permission is

secured fro the local health authority

– Burials of the remain after autopsy

• DONATIONS OF THE HUMAN ORGAN FOR MEDICAL, SURGICAL AND SCIENTIFIC PURPOSES– The donation shall be authorized in writing by the donor

specifying the recipient, the organ or part of his body to be donated

– A married person may make such donation without consent of his spouse

– After the death of the person, the next of kin may authorize the donation

– If the deceased has no next of kin and the remains are in the custody of an accredited hospital, the Director of the hospital may donate an organ or body part of the of the deceased

– A simple written authorization signed by the donor in the presence of 2 witnesses shall be deemed sufficient for donation

• USE OF REMAINS FOR MEDICAL STUDIES AND SCIENTIFIC RESEARCH– Unclaimed remains may be used by medical

schools and scientific institutions for studies and research subject to rules and regulations prescribed by the department

• SAFE PRECAUTIONS FOR SAFE HANDLING OF CADAVERS CONTAINING RADIOACTIVE ISOTOPES– Small number of isotopes does not require special

precautions– Large amounts of isotopes should be labelled properly

and identifying the amount and type of the isotopes present and the date of the administration

– Before autopsy is performed, the Radiation health officer should be properly notified

– Normal burial procedures may be done provided that their amount of radioactivity has decayed to a safe level

– If cremation is performed without autopsy, precautions should be strictly enforced to prevent any possible concentration of radioactivity at the base of the stack of the cramatorium

• RESPONSIBILITY OF THE REGIONAL DIRECTOR– Act on the applications for the establishment of the

burial grounds– Close any burial ground which is menace to the public

• RESPONSIBILITY OF THE LOCAL HEALTH AUTHORITY– Administer city or municipal cemeteries– Issue permits to inter, disinter or transfer remains– Apply special measures when cause or death is due to

dangerous communicable disease– Keep records of death– Authorize the delivery of unclaimed remains to

medical schools

• RESPONSIBILITY OF THE LOCAL GOVERNMENT– Reserve appropriate tracts of land under their

jurisdiction for cemeteries– Utilize judicious grants, gifts, bequest of property

or financial donations for the establishment or improvement of cemeteries

– Close cemeteries under their jurisdiction

• PENAL PROVISIONS– The secretary may revoke or suspend license of

undertaker or embalmer– Any business of undertaking or embalming shall

be liable to a penalty of 1000.00 pesos for each violation

– Each day or any part thereof during which any prohibited business or practice shall be deemed a separate violation and subject to the same penalty

C22: FINAL PROVISIONS• PENAL PROVISION– Any person who shall violate, disobey, refuse, omit or

neglect to comply with any rules and regulations shall be guilty of misdemeanor and upon conviction shall be punished by 6 months imprisonment or by a fine not exceeding 1000.00 pesos or both depending the discretion of the court

– Any person who shall interfere with or hinder, or oppose any officer are punished upon conviction by imprisonment not exceeding 6 months or by a fine not exceeding 1000.00 pesos or both depending the discretion of the court

• SEPARABILITY CLAUSE– In event that this is declared invalid for any reason,

other provisions thereof shall not be affected thereby• REPEALING CLAUSE– All laws which are inconsistent are hereby repealed or

amended accordingly• EFFECTIVITY– Shall take effect immediately

• City of Manila, 23rd day of December , 1975• Signed by Pres. Ferdinand E. Marcos