COVID-19 LEGAL UPDATE: CMO granted powers under new Regulation No. 10

On 16^th April, 2020, the Public Health [2019 Novel Coronavirus (2019-nCoV)] (No. 9) Regulations 2020 were revoked and replaced by the Public Health [2019] Novel Coronavirus (2019-nCoV)] (No. 10) Regulations 2020 (“Regulation No. 10”). Regulation No. 10 sets out the powers of the Chief Medical Officer to quarantine and treat a person suffering from the 2019 Novel Coronavirus in the manner prescribed therein.

Pursuant to paragraph 8 of Regulation 10, the Chief Medical Officer is permitted to give the following directions in his discretion in circumstances where the result of a test conducted by the Caribbean Public Health Agency (CARPHA) or by a private medical laboratory shows that a person is suffering from the 2019 Novel Coronavirus (2019-nCoV):

1. 1. 1. the restraint, segregation and isolation of that person or any other person who, by exposure to infection from that person, is likely to suffer from the 2019 Novel Coronavirus (2019-nCoV);
      2. the removal of a person referred to in paragraph (1) to a public hospital or a designated facility; or
      3. the curative treatment of a person referred to in paragraph (1).

A person in relation to whom the direction is given shall be informed–

1. 1. 1. of the reason for giving the direction;
      2. of the period during which the person is likely to be required to remain at a public hospital or a designated facility for observation, surveillance or curative treatment; and
      3. that it is an offence to fail to comply with the direction or to obstruct a medical practitioner, a nurse, a member of staff at a public hospital or a designated facility or a member of staff of a public or private ambulance service from carrying out the direction.

A person who–

1. 1. 1. fails to comply with a direction; or
      2. obstructs a medical practitioner, a nurse, a member of staff at a public hospital or a designated facility or a member of staff of a public or private ambulance service from carrying out a direction given by the Chief Medical Officer

commits an offence and is liable on summary conviction to a fine of fifty thousand dollars and imprisonment for a term of six months.