Switzerland is getting a new Epidemics Act – Interview with Mike Schüpbach
Mike Schüpbach is co-project manager for the revision of the Epidemics Act at the Federal Office of Public Health. He explains which lessons learned from the COVID-19 pandemic have already been incorporated into the draft legislation.
Five years after the COVID-19 pandemic, Switzerland is learning lessons from the crisis. The Federal Office of Public Health (FOPH) has thoroughly revised the Epidemics Act in recent months. The Federal Council has now submitted the draft legislation to Parliament for consultation. Mike Schüpbach, Deputy Head of Section 2 of the Legal Division at the FOPH, highlights the most important aspects.
Mr. Schüpbach, what are the most important alterations represented in the new draft legislation from the perspective of the FOPH, and why?
Ultimately, it is a combination of various adjustments that work together. On the one hand, lessons learned from the COVID-19 pandemic have been incorporated, while at the same time new health risks have been addressed. The aim is to better prepare Switzerland for future health crises. A key issue is the improved detection and monitoring of pathogens. The use of new technical and medical advances and digital data transmission will be enshrined in law. This will enable threats to be identified at an early stage, measures to be taken quickly, and their effectiveness to be monitored.
Secondly, the revision of the Epidemics Act provides instruments to tackle the problem of growing antibiotic resistance. For example, data on antibiotic consumption can now be collected, healthcare institutions can be required to implement preventive measures, and the provision of effective antibiotics in Switzerland can be subsidised.
Does the draft legislation take better account of the social impact of a pandemic than the previous law, and if so, to what extent?
The Epidemics Act generally aims to reduce the impact of communicable diseases on society and those affected. The revision gives even greater weight to this aspect. It expressly stipulates that the planning and implementation of measures must take into account the impact on society and the economy, as well as the principles of subsidiarity, effectiveness and proportionality. Before ordering measures in a special situation, the Federal Council must also consult the cantons and the relevant commissions. This ensures that decisions are broadly supported and well considered. The provision of financial support for the economy in the event of significant losses in special or extraordinary situations strengthens economic stability in times of crisis.
How exactly should we imagine the interaction between the revised Epidemics Act and the new National Pandemic Plan?
The Epidemics Act and the Pandemic Plan are closely interlinked and will be even more closely coordinated in future. The Act sets out binding provisions on when certain measures may be taken and who is responsible for them. It also regulates procedures such as the declaration of a special situation and consultation with Parliament and the cantons. The Pandemic Plan is a strategic instrument based on the Epidemics Act. It contains planning principles, procedures, checklists and recommendations for action for the federal government and the cantons. The plans are now enshrined in law. The federal government and the cantons must draw up, update and publish preparedness and response plans and carry out joint exercises. In addition, the revision creates more binding requirements for the stockpiling of medical supplies – a lesson learned from Covid-19.