Part 4Public health functions of health boards
Medical examinations
I133Application to have person medically examined
1
This section applies where—
a
a health board knows or suspects that a person who is present in that board's area—
i
has an infectious disease;
ii
has been exposed to an organism which causes such a disease;
iii
is contaminated; or
iv
has been exposed to a contaminant; and
b
it appears to the board that as a result—
i
there is or may be a significant risk to public health; and
ii
it is necessary, to avoid or minimise that risk, for the person to be medically examined.
2
The board may apply to any sheriff for the board's area for an order under section 34(1) in relation to the person.
3
An application under subsection (2) must—
a
specify—
i
the person in relation to whom the order is sought;
ii
the reason why the board considers it necessary for the person to be medically examined;
iii
the class or classes of health care professional by whom it is proposed that the examination is to be carried out;
iv
the nature of the examination the board proposes be carried out;
v
whether an explanation has been given under section 31(3) or (5);
vi
where such an explanation has been given, any response made by or representations made on behalf of the person in relation to whom the order is sought;
vii
where no such explanation has been given, the reason why; and
b
include a certificate—
i
stating that a health board competent person is satisfied as to the matters mentioned in subsection (1); and
ii
signed by the competent person.
4
In this Part, “health care professional” means—
a
a registered medical practitioner;
b
a registered nurse; or
c
any other member of a profession regulated by a body mentioned in section 25(3) of the National Health Service Reform and Health Care Professions Act 2002 (c. 17).