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TOPIC 10: POLICIES & LAW ON HEALTH & ENVIRONMENT FEM 3106

TOPIC 10: POLICIES & LAW ON HEALTH & ENVIRONMENT FEM 3106. DR MUSLIHAH HASBULLAH. M'sia Health Ministry has formulated various policies relating to health in particular: Mental Health Policy National Youth Policy National Nutrition Policy National Food Safety Policy

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TOPIC 10: POLICIES & LAW ON HEALTH & ENVIRONMENT FEM 3106

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  1. TOPIC 10: POLICIES & LAW ON HEALTH & ENVIRONMENTFEM 3106 DR MUSLIHAH HASBULLAH

  2. M'sia Health Ministry has formulated various policies relating to health in particular: • Mental Health Policy • National Youth Policy • National Nutrition Policy • National Food Safety Policy • National Health Policy for Older Persons http://www.infosihat.gov.my/media/garisPanduan/GP_Warga%20Emas/GP_DasarKesihatanWargaEmas.pdf • In 2007, the Ministry of Health prepared a draft National Health Policy (comprehensive policy). • Laman Web Rasmi Kementerian Kesihatan Malaysia HEALTH RELATED POLICIES

  3. AktaMakanan 1983 (Peraturan-PeraturanKawalanHasilTembakau-Pindaan 2008) • Atomic Energy Licensing Act 1984 • Dangerous Drugs Act 1952 (Revised 1980) • Dental Act 1971 • Destruction of Disease - Bearing Insects Act 1975 • Estate Hospitals Assistants (Registration) Act 1965 (Revised - 1990) • Fees Act 1951 - Fees (Medical) (Amendment) Order 2003 [PU(A)6/2003] LAWS ON HEALTH

  4. Fees Act 1951 - Fees (Medical) (Extension to Federal Territory of Labuan Sabah And Sarawak) Order 1985 [PU(A)67/1985] • Food Act 1983 • Human Tissues Act 1974 • Hydrogen Cyanide (Fumigation) Act 1953 (Revised 1981) • Mental Health Act 2001 • Malaysian Health Promotion Board Act 2006 • Medical Act 1971 • Medical Assistants (Registration) Act 1977 • Medicines (Advertisement and Sales) Act 1956 (Revised - 1983)

  5. Mental Disorders Ordinance 1952 • Mental Health Ordinance (Sarawak) 1961 • Lunatics Ordinance (Sabah) 1951 • Midwives Act 1966 (Revised - 1990) • Nurse Act 1950 (Revised-1969) • Optical Act 1991

  6. Poisons Act 1952 (Revised - 1989) • Prevention and Control of Infectious Diseases Act 1988 • Private Healthcare Facilities And Services Act 1998 • Registration of Pharmacists Act 1951 (Revised – 1989) • Sales of Drugs Act 1952 (Revised - 1989) • Telemedicine Act 1997

  7. Average life expectancy at birth rate • Crude death rates • Infant & toddler mortality rates • Maternal mortality ratio • Prevalence of road traffic injuries & selected diseases (diabetes, cancer, asthma, HIV, heart disease, dengue etc) • Prevalence of health risk factors (tobacco smoking, alcohol consumption, overweight etc) LEVEL OF HEALTH INDICATORS

  8. Quality environment is the environment that meets all the requirements of a good life and pollution levels are at a minimum. • Quality environment is important to preserve the relationship between an organism with other organisms. • Any adverse effects on the environment will affect our lives. ENVIRONMENTAL PROTECTION

  9. There are no specific provisions in the Constitution. • Article 5 (1) can be assumed to impliedly contain the provision covering such right. • Article 5 (1) - No one shall be deprived of her right to live or enjoy the freedom of life protected by law. RIGHTS TO ENVIRONMENT

  10. Forest fires. • Clean water supply. • Unstable weather. • Urbanization causes pollution. • Reduced soil fertility levels. • Extinction of wildlife and biodiversity. • Damage to coral reefs that affect marine life. • Oil spills at sea. • Pollution of the river. GLOBAL ISSUES ON ENVIRONMENT

  11. Parent Act: Environmental Quality Act 1974 (Amendment) Act 1996 (EQA) • Enacted following the 1972 Stockholm conference in an effort to produce comprehensive legislation concerning the environment. • Impose a legal element of all development activities in terms of impact on the environment arises. LAWS ON ENVIRONMENT

  12. Subsidiary Legislations: • Peraturan-peraturan Kualiti Alam Sekeliling (Kawalan Pelepasan Daripada Engin Diesel) 2000. • Perintah Kualiti Alam Sekeliling (Penilaian Kesan Kepada Alam Sekeliling) 1987 (pindaan) 2000. • Kaedah-kaedah Kualiti Alam Sekeliling (Mengkompaun Kesalahan-kesalahan) 1999. …CON’T

  13. Noise pollution: • Cause damage to hearing if the noise is more than 80 decibels (dBA). • Malaysia follows the guidelines by the World Health Organization on noise pollution levels in different contexts - residential, industrial, commercial, hospitals, workplaces and schools. • Construction of buildings, highways, industrial activities are among the causes of noise pollution. ENVIRONMENTAL ISSUES IN M’SIA

  14. Study: 70% of workers are exposed to continuous noise above 90dBA for 8 hours a day. • Peraturan Kilang dan Mesin (Pendedahan Bunyi) is allocated to address this problem. …con’t

  15. Open burning: • Among allowed activities are to transfer plants, combustion of rice husk and sugar cane, religious ceremonies and activities of small farmers. • Actvities are prohibited when the Air Pollution Index (API) readings reached 100 (unhealthy levels). • PerintahKualitiAlamSekeliling (Aktiviti yang ditetapkanbagiPembakaran Terbuka) 1998: Those who fails to comply will be fined up to RM2000. …con’t

  16. Perintah Kualiti Alam Sekeliling 2000 (Perwakilan kuasa daripada kerajaan): fire and rescue, police, officials from the Ministry of Health, local authorities can act and investigate and arrest those who do open burning. …con’t

  17. Clinical waste (human tissue, needles, drugs, etc..): • A Bill of Private Health Care is designed to enforce laws related handling of clinical waste. …con’t

  18. Becoming a member of the Convention on Biological Diversity to conserve and protect the components of biological diversity. • The role of the Ministry of Science, Technology and Environment. • The role of supervision by the Department of Environment (DOE) - related to air quality, water, industrial waste, and noise levels. • The role of the DOE to make environmental impact assessment (EIA) - S. 34A of the Environmental Quality Act 1974 (amendment) 1996. INTERVENTION

  19. Oversight role related to air quality, water, industrial waste, and noise levels. • To evaluate the environmental impact assessment (EIA) - S. 34A of the Environmental Quality Act 1974 (amendment) 1996. • EIA is a study to identify, predict, evaluate, provide information about the effects on the environment of a proposed project and submit a mitigation plan before the project approved and implemented. DEPARTMENT OF ENVIRONMENT

  20. Authority: S. 4 (1) EQA • Advise the Minister of Science, Technology and Environment related to EQA implementation. • DOE helps to prepare the policies and strategies in environmental management. • Strengthen enforcement programs such as rewards the public who provides information about pollution. • To enhance awareness and environmental education. ENVIRONMENTAL QUALITY COUNCIL

  21. Federal and state jurisdiction - List of powers in the Constitution. • Example: the Bakun project - Provision of the law in Sarawak Order 1994, • Overlaps the jurisdiction of the agency in carrying out the EIA • Procedural difficulties in obtaining legal remedies. IMPLEMENTATION PROBLEMS OF THE LAWS ON ENVIRONMENTAL PROTECTION

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