Health act, 1970

• Enactment Date: 24 February 1970
• Act Number: 1

Number 1 of 1970
HEALTH ACT, 1970
ARRANGEMENT OF SECTIONS
PART I
Preliminary and General
Section 1. Short title, collective citation, construction and commencement. 2. Interpretation. 3. Repeals.
PART II
Administration
Chapter I
Health Boards
4. Establishment of health boards. 5. General provisions regarding health boards. 6. Functions of health boards. 7. Local committees. 8. Committees of health boards. 9. Expenses of members of boards and committees. 10. Allowances to chairmen and vice-chairmen of health boards. 11. Joint action by health boards. 12. Removal of board from office.
Chapter II
Officers and Servants, etc.
13. Chief executive officers of health boards. 14. Other officers and servants of health boards. 15. Application of Local Authorities (Officers and Employees) Acts, 1926 and 1940. 16. Delegation by chief executive officer. 17. Performance of duties of officers. 18. Qualifications for offices under health boards. 19. Age limits. 20. Superannuation. 21. Suspension and removal of chief executive officer. 22. Suspension of other officers of health boards. 23. Removal of officers and servants. 24. Committees for certain removals. 25. Arrangements between health boards and local authorities. 26. Arrangements by health boards for provision of services.
Chapter III
Finance
27. Accounts of health boards. 28. Audits of health board accounts. 29. Abstract of health board accounts. 30. Health board estimates. 31. Limitations on expenditure by health board. 32. Grants and local contributions to health boards. 33. Borrowing and acceptance of gifts by health boards.
Chapter IV
Dissolution of Certain Bodies, etc.
34. Dissolutions of certain health authorities and consequential provisions. 35. Dissolutions of joint boards under section 45 of Health Act, 1953. 36. Transfers of certain property. 37. Transfer of certain officers and continuance of certain contracts of service.
PART III
Hospitals, etc.
38. Provision and maintenance of hospitals, etc. 39. Religious services. 40. Acquisition of land for voluntary bodies. 41. Bodies for co-ordination and development of hospital services. 42. Dissolution of Hospitals Commission. 43. Amendment of Public Hospitals Act, 1933. 44. Administration of Central Mental Hospital.
PART IV
Health Services
Chapter I
Eligibility
45. Full eligibility. 46. Limited eligibility. 47. Appeals. 48. Declaration regarding means. 49. Change of circumstances. 50. Charge where person not entitled obtains service.
Chapter II
Hospital In-Patient and Out-Patient Services
51. In-patient services. 52. Provision of in-patient services. 53. Charges for in-patient services. 54. In-patient services at choice of patient, etc. 55. In-patient services for persons not entitled under section 52. 56. Out-patient services. 57. Provision of ambulances, etc.
Chapter III
General Medical Services
58. General practitioner medical and surgical service. 59. Drugs, medicines and appliances. 60. Home nursing. 61. Home help service.
Chapter IV
Services for Mothers and Children
62. Medical and midwifery care for mothers. 63. Medical care for infants. 64. Maternity grants. 65. Milk for mothers and children. 66. Child health service.
Chapter V
Other Services
67. Dental, ophthalmic and aural services. 68. Rehabilitation services. 69. Maintenance allowances for disabled persons. 70. Screening tests. 71. Information and advice on health.
Chapter VI
Miscellaneous Provisions Regarding Services
72. Regulations. 73. Determination of doubt as to responsible Health Board. 74. Recovery of charges and contributions. 75. False statements, etc.
PART V
Miscellaneous Provisions
76. Amendment of hospital charters, etc. 77. Removal of bodies. 78. Control of possession of certain substances. 79. Extension of Rats and Mice (Destruction) Act, 1919. 80. Restriction of Health Services (Financial Provisions) Act, 1947. 81. Amendment of section 3 of Mental Treatment Act, 1945. 82. Adaptation of Mental Treatment Acts, 1945 to 1966. 83. Local inquiries, etc. 84. Public assistance. 85. Regulations regarding adaptations. 86. Amendment of City and County Management (Amendment) Act, 1955.
FIRST SCHEDULE
Enactments Repealed
SECOND SCHEDULE
Rules in relation to Membership and Meetings of Health Boards
THIRD SCHEDULE
Provisions consequential on Dissolutions
Acts Referred to Health Act, 1947 1947, No. 28. Children (Amendment) Act, 1957 1957, No. 28. Rats and Mice (Destruction) Act, 1919 1919, c. 72. Blind Persons Act, 1920 1920, c. 49. State Lands (Workhouses) Act, 1930 1930, No. 9. State Lands (Workhouses) Act, 1962 1962, No. 8. Registration of Maternity Homes Act, 1934 1934, No. 14. Midwives Act, 1944 1944, No. 10. Nurses Act, 1950 1950, No. 27. Poisons Act, 1961 1961, No. 12. Health Services (Financial Provisions) Act, 1947 1947, No. 47. Vital Statistics and Births, Deaths and Marriages Registration Act, 1952 1952, No. 8. Local Government Act, 1955 1955, No. 9. Local Government (Superannuation) Act, 1956 1956, No. 10. Local Government Act, 1941 1941, No. 23. Local Authorities (Officers and Employees) Act, 1926 1926, No. 39. Medical Practitioners Act, 1927 1927, No. 25. Public Hospitals Act, 1933 1933, No. 18. Central Criminal Lunatic Asylum (Ireland) Act, 1845 1845, c. 107. Social Welfare Act, 1952 1952, No. 11. Illegitimate Children (Affiliation Orders) Act, 1930 1930, No. 17. Local Government (Ireland) Act, 1871 1871, c. 109. Local Government (Ireland) Act, 1898 1898, c. 37. Local Government (Ireland) Act, 1902 1902, c. 38. Health Act, 1953 1953, No. 26. Dangerous Drugs Act, 1934 1934, No. 1. Rats and Mice (Destruction) Act, 1919 1919, c. 72. Mental Treatment Act, 1945 1945, No. 19. Local Government Act, 1946 1946, No. 24. Public Assistance Act, 1939 1939, No. 27. City and County Management (Amendment) Act, 1955 1955, No. 12.
Number 1 of 1970
HEALTH ACT, 1970
AN ACT TO AMEND AND EXTEND THE HEALTH ACTS, 1947 TO 1966, AND CERTAIN OTHER ENACTMENTS, TO PROVIDE FOR THE ESTABLISHMENT OF BODIES FOR THE ADMINISTRATION OF THE HEALTH SERVICES, AND FOR OTHER MATTERS CONNECTED WITH THE MATTERS AFORESAID. [24th February, 1970.]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:
PART I Preliminary and General
	Short title, collective citation, construction and commencement.	1.—(1) This Act may be cited as the Health Act, 1970.
	(2) The Health Acts, 1947 to 1966, and this Act may be cited together as the Health Acts, 1947 to 1970.
	(3) The Health Acts, 1947 to 1966, and this Act shall be construed together as one Act.
	(4) Save as otherwise specifically provided for, this Act shall come into operation on such day or days as, by order or orders made by the Minister under this section, may be fixed therefor either generally or with reference to any particular purpose or provision, and different days may be so fixed for different purposes and different provisions.
	Interpretation.	2.—(1) In this Act a reference to a Part, section or schedule is to a Part, section or schedule of this Act, unless it is indicated that reference to some other enactment is intended.
	(2) In this Act a reference to a subsection, paragraph, subparagraph or rule is to the subsection, paragraph, subparagraph or rule of the provision in which the reference occurs, unless it is indicated that reference to some other provision is intended.
	(3) A reference in this Act to any enactment shall be construed as a reference to that enactment as amended or extended by any subsequent enactment.
	Repeals.	3.—The enactments specified in column (2) of the First Schedule are hereby repealed to the extent specified in column (3) of the Schedule.
PART II Administration
Chapter I Health Boards
	Establishment of health boards.	4.—(1) For the administration of the health services in the State, the Minister shall after consultation with the Minister for Local Government by regulations establish such number of boards (to be known and in this Act referred to as health boards) as may appear to him to be appropriate, and by such regulations shall specify the title and define the functional area of each health board so established and, subject to subsection (2), shall specify the membership of each health board.
	(2) (a) Membership of a health board shall consist of—
	(i) persons appointed by the relevant local authorities,
	(ii) persons appointed by election by registered medical practitioners and by election by members of such ancillary professions as are specified in the appropriate regulations under subsection (1),
	(iii) persons appointed by the Minister.
	(b) In a specification of membership of a health board by regulations under this section, the number of persons fulfilling...