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Order of the Department of Health of the Community of Madrid: COVID-19

Preventative measures and recommendations for public health

3/10/20

1. ORDER 338/2020, of the 9th of March, from the Department of Health, whereby preventative measures and recommendations are taken for the interest of public health in the Community of Madrid as a consequence of the situation and evolution of coronavirus (COVID-19).

Coronavirus is a family of viruses that infect human beings as well as a variety of animals, including birds and mammals, such as camels, cats and bats. It is a zoonotic disease, meaning that it can be transferred from animals to humans. The strain of coronavirus which affects humans (HCoV) can cause symptoms that range from the common winter seasonal cold to other more serious issues, such as those caused by Severe Acute Respiratory Syndrome (SARS) and Middle East Respiratory Syndrome (MERS-CoV).

On the 31st of January 2020, the World Health Organisation (WHO) declared the outbreak of SARS-CoV-2 to be a public health emergency of international concern. The first cases in the Community of Madrid were confirmed on the 26th of February; two cases with an epidemiological link to travel to risk zones. On the 27th of February, two cases without an epidemiological link were diagnosed in Madrid within criterion B (any person hospitalised for an acute respiratory infection with severity criteria in which other possible infectious aetiologies that could explain the symptoms were ruled out). From that date until the 9th of March, the number of confirmed cases has increased exponentially and, according to dynamic models used to predict the epidemic wave of COVID-19, if distancing measures are not taken, the number of confirmed cases could increase to a figure that will be difficult to manage.

In accordance with the provisions of Article 1 of the Spanish Organic Law 3/1986, on the 14th of April, of Special Measures in the Field of Public Health, various public administrations, within the scope of their competency, with the purpose of protecting public health and preventing loss or damage, may take the steps provided in the aforementioned Act when required for urgent or necessary health reasons.

Article 2 states that “the relevant health authorities can adopt measures to identify, treat, hospitalise or control in the event there are reasonable grounds to suspect that the population’s health is at risk because of the specific health status of a person or a group of people or because of the health conditions in which an activity is carried out.”

Under the terms of Article 3 “in order to control transmissible diseases, the health authority, besides implementing general preventative actions, can take appropriate steps to control the affected people, people who are or have been in contact with affected people and their immediate surroundings, as well as those actions deemed necessary in the case of risks of a transmissible nature.”

In accordance with Article 26 of the Spanish Law 14/1986, of the 25th of April, the General Health Act, “1. In case there is an imminent and extraordinary health risk or it is reasonably suspected, health authorities will take preventative measures that are deemed appropriate, such as the seizure or immobilization of products, suspension of activity, closing of businesses or their premises, intervention of material or personnel resources and others that are deemed to be sanitarily justified.

2. The duration of the previously mentioned measures, will be defined on an individual basis, notwithstanding subsequent extensions agreed by motivated decision, it will not exceed the requirements of the situation of imminent and extraordinary risk which justified them”. Without prejudice of the measures provided in the Spanish Organic Law 3/1986, of the 14th of April, the Special Measures in the Field of Public Health, and the Spanish Law 14/1986, of the 25th of April, General Health Act 33/2011, of the 4th of October, Public Health Act, Article 54 provides that exceptionally and when required for reasons of extraordinary gravity or urgency, the relevant authority of Autonomous Communities can adopt the suspension of activities, among other measures, by means of a motivated decision.

Article 55.1 of the Spanish Law 12/2001, of the 21st of December, of Health Management of the Community of Madrid, provides the Public Health Authority function includes: “a) when applicable, the adoption of measures presented in the Spanish Law 3/1986, of the 14th of April, of the Special Measures in the Field of Public Health, and in particular in the cases referred to in Articles 2 and 3 thereof. b) the adoption of any other necessary measure based on the analysis of the determinants in the health-disease process in the Community of Madrid”.

On the situation and evolution of coronavirus (COVID 19) and before imminent and extraordinary risk to the population’s health caused by this pathogen, as proposed by General Directorate of Public Health, in accordance with the Interterritorial Council of the National Health System, having reported to the Government Council of the Community of Madrid and in accordance with Article 12 of the Spanish Law 12/2001, of the 21st of December, on Health Regulations of the Community of Madrid,

I HEREBY DECREE

One

Preventative measures

In the field of teaching: Temporary suspension of on-site educational activity at all centres and stages, courses, degrees, programmes and levels of teaching, included in Article 3 of the Spanish Organic Law of Education 2/2006, of the 3rd of May. It is recommended that educational activities continue by means of distance or “online” learning during the suspension period.

In regard to regular public transport: Public transport vehicles will be disinfected daily.

Two

Recommendations

1. Workplace recommendations:

A) Company’s promotion for employees to undertake their work activity via telecommuting.

B) Development and revision, where appropriate, of business continuity plans where the actions to be carried out related to the situation caused by coronavirus are foreseen (COVID 19).

C) Promotion of flexible hours and staggered shifts.

D) Promotion of video conference meetings.

2. Other recommendations:

A) Any person who shows respiratory symptoms and/or fever should stay at home, avoid going to their place of work and medical centres whenever their clinical condition allows.

B) Any elderly person, or those with chronic or multipathological illnesses, or with congenital or acquired suppressed immune systems, should avoid leaving their homes or residence, unless it is absolutely necessary and should, in any case, avoid crowded places in which maintaining a safe personal distance of at least a metre would not be possible.

C) Encourage home care for the elderly.

D) Avoid all unnecessary travel.

Three

Effect

The preventative measures and recommendations given in this Order will be valid for fifteen calendar days, notwithstanding the extensions subsequently agreed.

Four

Legal ratification

In accordance with the forecast contained in section k), Article 41 of Law 1/1983, of the 13th of December, of the Government and Administration of the Community of Madrid, notify the Attorney’s Office of the Community of Madrid in order to request the legal ratification provided in Paragraph 2.0, Article 8.6, Law 29/1998, of the 13th of July, Regulator of the Contentious-Administrative Jurisdiction. 

Five

Publication and effects

The present Order will be published in the OFFICIAL GAZETTE OF THE COMMUNITY OF MADRID and will produce their effects from the 11th March 2020.

Madrid, 9th March 2020.

Health Counsellor,
ENRIQUE RUIZ ESCUDERO

 

BOCM, nº 59, martes 10 de marzo de 2020. Orden 338/2020, de 9 de marzo, de la Consejería de Sanidad