Health Act 1956

Infectious and notifiable diseases

74AA: Medical laboratories to give notice of cases of notifiable disease

You could also call this:

"Medical labs must report certain diseases to health officials right away"

If you are in charge of a medical laboratory, you must make sure it has a good system for reporting test results that show someone has a notifiable disease. You must tell the health practitioner who asked for the test and the medical officer of health right away if you find out someone has a notifiable disease. When you tell them, you must not share personal details about the person with the disease, unless it is listed in Schedule 1.

If a medical officer of health needs to know who has the disease to protect public health, they can ask you to share the person's details. If you do not tell the health practitioner and the medical officer of health about a notifiable disease, you can get in trouble with the law. You might have to pay a fine of up to $10,000 and $500 for each day you did not report the disease.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM307228.


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Part 3Infectious and notifiable diseases

74AAMedical laboratories to give notice of cases of notifiable disease

  1. The person in charge of a medical laboratory must take all reasonably practicable steps to ensure that there are in place in it efficient systems for reporting to him or her (or to any other person for the time being in charge of it) the results of a test or other procedure undertaken in it that indicate that a person or thing is, has been, or may be or have been, infected with a notifiable disease.

  2. The person for the time being in charge of a medical laboratory to whom results are reported under subsection (1) (or who himself or herself becomes aware of results of a kind to which that subsection applies) must immediately tell the health practitioner for whom the test or other procedure concerned was undertaken, and the medical officer of health, of the infectious nature of the disease concerned.

  3. A person in charge of a medical laboratory who gives notice of a notifiable disease under subsection (2) must not disclose identifying information of a person who is, or has been, or may be or may have been, infected with a disease specified in section C of Part 1 of Schedule 1.

  4. Despite subsection (2A), a medical officer of health may require a person in charge of a medical laboratory to disclose identifying information of the person who is, or has been, or may be or may have been, infected with a disease if disclosure of the identifying information is necessary to respond effectively to a public health risk.

  5. A person who fails to comply with subsection (2)—

  6. commits an offence against this Act; and
    1. is liable on conviction to a fine not exceeding $10,000 and, if the offence is a continuing one, to a further fine not exceeding $500 for every day on which it has continued.
      Notes
      • Section 74AA: inserted, on , by section 8 of the Health Amendment Act 2006 (2006 No 86).
      • Section 74AA(2A): inserted, on , by section 8 of the Health (Protection) Amendment Act 2016 (2016 No 35).
      • Section 74AA(2B): inserted, on , by section 8 of the Health (Protection) Amendment Act 2016 (2016 No 35).
      • Section 74AA(3)(b): amended, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).