Epidemics Act (EpidA)

By Steph2
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In The Matter OfEpidemics Act (EpidA)
Exhibit A
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English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.

Section 1 Measures that apply to Individual Person

Art. 30 Principle

1 A measure in accordance with Articles 33–38 may only be ordered if: a. less stringent measures to prevent the spread of a communicable disease are not sufficient or appropriate; and b. the measure serves to avert a serious risk to the health of other persons. 2 The measure must be necessary and reasonable.

Art. 31 Ordering measures

1 The competent cantonal authorities shall order the measures in accordance with Articles 33–38. 2 The competent federal authorities shall support the cantons in identifying and notifying persons, in particular persons travelling on international transport services. 3 When ordering measures, the persons concerned must be given an explanation of why the measures are being ordered and how long they are expected to apply. 4 The measures may only apply for as long as is necessary to prevent the spread of a communicable disease and to avert a serious risk to the health of other persons. They must be regularly reviewed.

Art. 32 Enforcement of the measures

The competent cantonal authorities may compulsorily enforce their orders relating to medical monitoring, quarantine, isolation or medical testing.

Art. 33 Identification and notification

Any person who is ill, suspected of being ill, infected or suspected of being infected or who is spreading pathogens may be identified and notified.

Art. 34 Medical monitoring

1 Any person who is ill, suspected of being ill, infected or suspected of being infected or who is spreading pathogens may be made subject to medical monitoring. 2 The person concerned is required to inform the doctor responsible about their state of health and their contacts with other persons.

Art. 35 Quarantine and isolation

1 If medical monitoring is insufficient, the following measures may be taken: a. a person who suspected of being ill or suspected of being infected may be placed in quarantine; b. a person who is ill or infected or who is spreading pathogens may be placed in isolation. 2 The person concerned may if necessary be admitted to a hospital or another suitable institution. 3 The hospital or the institution must ensure that its staff and other persons at risk are protected against infection.

Art. 36 Medical examination

Any person who is ill, suspected of being ill, infected or suspected of being infected or who is spreading pathogens may be required to undergo a medical examination and to allow samples to be taken.

Art. 37 Medical treatment

Any person who is ill, suspected of being ill, infected or suspected of being infected or who is spreading pathogens may be required to undergo medical treatment.

Art. 38 Restriction of certain activities and on practising a profession

1 Any person who is ill, suspected of being ill, infected or suspected of being infected or who is spreading pathogens may be wholly or partly prohibited from carrying out certain activities or practising their profession. They may be required to give notice of any change in their canton of residence, their activity or profession to the competent cantonal authority without delay. 2 If a person is wholly or partly prohibited from carrying out certain activities or from practising their profession and if they have been required to give notice of a change in their canton of residence, their activity or profession, the competent cantonal authority shall notify the competent authority in the canton concerned about the prohibition or restriction.

Art. 39 Duties of doctors

Doctors who are treating or monitoring a person who is ill, suspected of being ill, infected or suspected of being infected or who is spreading pathogens shall take all the measures available to them to prevent the spread of a communicable disease. If official measures are required, this must be reported to the competent cantonal authority.

Section 2 Measures in relation to the Population a

Art. 40

1 The competent cantonal authorities shall order measures to prevent the spread of communicable diseases among the population or within specific groups of persons. They shall coordinate their measures. 2 They may in particular take the following measures: a. prohibit or restrict events; b. close schools, other public institutions and private businesses or issue regulations on their operation; c. revoke or restrict the right to enter or leave certain buildings or areas and to carry out specific activities at defined locations. 3 The measures may only apply for as long as is necessary to prevent the spread of a communicable disease. They must be regularly reviewed.

Section 3 Measures relating to International Trave

Art. 41 Entry and exit

1 The Federal Council shall issue regulations on international travel to prevent communicable diseases spreading from one country to another. 2 If required to prevent the spread of a communicable disease, the FOPH may require persons entering or leaving Switzerland: a. to make their identity, travel route and contact details known; b. to present a certificate of vaccination or other prophylaxis; c. to provide information on their state of health; d. to present proof of a medical test; e. to undergo a medical examination. 3 The FOPH may require persons entering Switzerland to submit to a measure in accordance with Articles 34, 35, 37 and 38; Articles 30–32 apply in an analogous manner. If required, the Federal Council may extend these measures temporarily to all persons entering Switzerland from regions considered to pose a risk. 4 The FOPH may temporarily deny any person who is ill, suspected of being ill, infected or suspected of being infected or who is spreading pathogens the right

Art. 42 Operational preparation

1 Operators of ports and airports shall make the required operational preparations for implementing the measures under Article 41. They shall have their own emergency plans. 2 The Federal Council shall designate the operators of ports and airports that must provide the required capacities in accordance with Annex 1 B of the International Health Regulations (2005) of 23 May 2005.

Para. 2 — SR 0.818.103

Art. 43 Duty to cooperate

1 Companies that transport persons by rail, bus, ship or air internationally, airport operators, port operators, railway and bus stations and travel businesses are required to cooperate in carrying out the measures under Article 41. They may within the limits of their operational and technical capacities be required: a. to inform travellers about the dangers of communicable diseases and the options for preventing and controlling such diseases; b. to collect the information required for the identification or early detection of persons who are ill, suspected of being ill, infected or suspected of being ill and persons suspected of spreading pathogens; c. to provide the competent authorities with lists of passengers or goods; d. to enable passengers to undergo medical tests; e. to enable the transport of persons who are ill, suspected of being ill, infected, suspected of being infected or who are spreading pathogens to a hospital or other suitable institution. 2 They must provide the oper

Section 4 Special Measures

Art. 44 Supply of therapeutic products

1 The Federal Council shall ensure that the population is supplied with the most important therapeutic products that are suitable for controlling communicable diseases, insofar as it is unable to guarantee supply by means of measures under the National Economic Supply Act of 8 October 1982. 2 It may issue regulations on: a. allocating therapeutic products; b. distributing therapeutic products; c. facilitating the import and restricting or prohibiting the export of therapeutic products, provided this is necessary in order to avert a public health risk; d. maintaining stocks of therapeutic products in hospitals and other healthcare institutions. 3 It may provide for measures to supply Swiss citizens living abroad with therapeutic products.

Para. 1 — [AS 1983 931; 1992 288 Annex No 24; 1995 1018, 1794; 1996 3371 Annex 2 No 1; 2001 1439; 2006 2197 Annex No 48; 2010 1881 Annex 1 No II 18; 2012 3655 No I 15. AS 2017 3097 Annex 2 No I]. See now: the National Economic Supply Act of 17 June 2016 (SR 531).

Art. 45 Goods transport

1 The Federal Council may issue regulations on the transport and on the import, export and transit of goods that may be carriers of pathogens. It may in particular: a. issue requirements for preventive measures relating to the transport of goods; b. require the testing of goods for specific pathogens; c. issue restrictions and bans on transport and on the import, export and transit of goods. 2 It may instruct the cantons to take individual measures.

Art. 46 Transport of dead bodies

1 The Federal Council shall issue the required regulations on the transport and the burial of dead bodies. 2 It shall regulate the transport of dead bodies through Switzerland, from another country to Switzerland and from Switzerland to another country.

Art. 47 Control of organisms

1 If organisms occur that can transmit pathogens to human beings, the competent federal and cantonal bodies shall coordinate any measures required to control such organisms or to prevent their occurrence. 2 Companies that transport persons by rail, bus, ship or air, airport operators, port operators, railway and bus stations and travel businesses are required to cooperate in carrying out these measures.

Art. 48 Disinfection and disinfestation

1 The competent cantonal authorities shall ensure that disinfection and disinfestation, in particular of means of transport and goods, are carried out to prevent the spread of communicable diseases. 2 Companies that transport persons by rail, bus, ship or air, airport operators, port operators, railway and bus stations and travel businesses are required to cooperate in carrying out disinfection and disinfestation measures.

Art. 49 Certificates for shipping

The competent cantonal authorities shall issue the required health certificates for international shipping.