health law

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4591

I- DEFINITION / INTRODUCTION :

  • The health law is the & rsquo; set of written texts, governing medical society.
  • The health law is promulgated by the President of the Republic, after adoption by & rsquo; APN.
  • C & rsquo; is Law No. 85-05 February dul6 1985 on the protection and promotion of health, amended and supplemented by :
  • *Law No. 88-15 of 3 May 1988.
  • *Law No. 90-17 of 31 July 1990.
  • *Law No. 98-09 of 19 August 1998.
  • *L & rsquo; Ordinance No. 06-07 of 15 July 2006.

It involves 10 securities, Each title is divided into chapters and each chapter includes articles : 269 Articles Total.

II- titre : FUNDAMENTAL PRINCIPLES AND PROVISIONS

Divided into 2 chapters :

Chapter 1 : fundamental principles.

Chapter 2 : the general provisions relating to health services.

Amended and supplemented by :

*L & rsquo; Ordinance No. 06-07 of 15 July 2006 : creating living structures (public and private)

III- Untitled II : PUBLIC HEALTH AND EPIDEMIOLOGY

Divided into 10 chapters :

Chapter 1 : General provisions.

Amended and supplemented by :

* L & rsquo; Ordinance No. 06-07 of 15 July 2006 : creating living structures (public and private) : the head of health at the wilaya has a public health control over the & rsquo; all institutions of the wilaya.

Chapter 2 : measures to protect the environment and the & rsquo; environment.

Chapter 3 : prevention and fight against communicable diseases.

Chapter 4 : prevention and fight against non-communicable diseases and prevalent social evils. Chapter 5 : Maternal and child protection measures.

Chapter 6 : protection measures in the workplace.

Chapter 7 : health protection measures in Education.

Chapter 8 : protection and promotion of health by the & rsquo; physical / sports education.

Chapter 9 : protective measures for people in difficulty.

Chapter 10 : l & rsquo; health education.

Analysis of Title II :

  • This title defined the & rsquo; all preventive measures, curative and social, aimed to preserve and d & rsquo; improve the health of the & rsquo; individual and community, without neglecting the factor of & rsquo; environment that have an adverse effect for the & rsquo; man as the & rsquo; drinking water, food products (production, conservation and transportation) and & rsquo; habitat (Standards & rsquo; health and safety.)

IV- PART III : MENTAL HEALTH

Divided into 4 chapters :

Chapter 1 : treatment of mentally ill, divided into 5 sections :

  • Section 1= structures
  • Section 2 = l & rsquo; inpatient service open (art. 105)
  • Section 3 = placement under observation (art. 106 at 115)
  • Section 4 = voluntary placement (art. 116 at 121)
  • Section 5 = l & rsquo; d & rsquo hospitalization, office (art. 122 at 138)

Chapter 2 : the controls during the & rsquo; hospital (art. 139 at 144)

Chapter 3 : setting under medical supervision (art. 145 at 148)

Chapter 4 : remedies (art. 149)

Mental Health :

1- structures : Art 103-104.

  • Art 103 : The mentally ill are cared for in one of the following structures :
  • specialized hospital establishment, psychiatric.
  • psychiatric services and emergency services.
  • Basic unit of health network.

2- inpatient service open :

  • Art 105 : The hospitalization and the output of a patient psychiatry open service is not subject to any particular regulations.

Hospitalization in open service follows the establishment by the psychiatric doctor said Service, a written admission ticket according to the admission rules in use in this area.

3- The observation commissioning and ex psychiatric examination : Art 106…115.

  • Art 106 : The observation up a mental patient s & rsquo; place in a psychiatric ward.
  • Art 109 : The observation layout remains, in all cases, subject to the decision of the doctor psychiatrist of & rsquo; establishment to which the patient has been present.
  • L & rsquo; d & rsquo psychiatric examination; Office : Art 111-112-113 :
  • the application is made mandatory by a medical doctor establishes everywhere saying the danger of the patient to himself or others.
  • Only public prosecutor at the court or wali can decide the & rsquo; d & rsquo psychiatric examination; Office.
  • The medical certificate, for the wali or the Attorney General to be concluded by the formula : "This patient should be examined d & rsquo; s Office within a service or psychiatric hospital".

4- voluntary placement : Art 116…121.

Art 116-117 : After or during placement under observation, the psychiatrist of & rsquo; institution can, with & rsquo; accort of the patient's family, the patient himself when he is civilly liable, or & rsquo; another person designated by the prosecutor, transformed the observation setting voluntary placement.

Art 119 : The voluntary placement order is issued for an indefinite period.

Art 121 : The output d & rsquo; an involuntary patient will :

  • Either on & rsquo; initiative of doctor psychiatrist of & rsquo; establishment.
  • Either on the request of the patient himself, as he is of age and legally responsible.
  • Is mandatory as soon as & rsquo; an output query is written, signed, and given or transmisse doctor of & rsquo; establishment by the person who requested voluntary placement.
  • Either by one of the designated persons may request and obtain automatically unless opposed major patient and civilly able himself, the output of involuntary patient :

*a direct ancestor of the patient.

*a major direct descendant of the ill.

*the patient's spouse.

*a major collateral patient, brother sister. Mow or tent direct and major patient.

*the curator or the patient's guardian.

5- L & rsquo; d & rsquo hospitalization, office : Art 122… 138.

  • Art 123 : After or during placement under observation, the psychiatrist of & rsquo; institution may take the & rsquo; initiative to require hospitalization d & rsquo; s office.
  • Art 124 : The decision of & rsquo; hospitalization & rsquo; s office is taken by order of the wali reasoned request of the doctor of & rsquo; establishment when the output of the patient is likely to & rsquo; cause life-threatening for him or danger to the & rsquo; public order or the safety people.
  • Art 125 : Si and wali, after medical expertise, considers unjustified the request of & rsquo; d & rsquo hospitalization, office, he does know the psychiatrist and must grasps the mental health commission.
  • Art 126 : The Mental Health Commission is made :
  • D & rsquo; a representative of the wali.
  • D & rsquo; a magistrate with the rank of President of Chamber at the Court, Chairman of the Committee.
  • Two specialists in psychiatry.
  • Art 127 : The decision of & rsquo; d & rsquo hospitalization office is taken for six months, maximally, and may be renewed by order of the wali.
  • Art 130 : Similarly way, the output of the patient s & rsquo; perform the same reasoned request for waiver & rsquo; hospital addressed to the wali by psychiatrist.
  • Art 136-137-138 : Children and teenagers not pervert, under 16 years, the people felt that the & rsquo; weakening of mental faculties is the & rsquo; most of the disease, can make the & rsquo; d & rsquo measurement object; psychiatric examination d & rsquo; s office or voluntary placement, or d & rsquo; d & rsquo hospitalization, office, these patients will be hospitalized in facilities provided for & rsquo; s 103, following the rules of & rsquo; common hospitalization in use in the health services.

V- PART IV : PROVISIONS RELATING TO CERTAIN ACTIVITIES PREVENTIVE AND HEALING

Divided into 3 chapters :

Chapter 1 : l & rsquo; hospitalization and d & rsquo medical care emergency.

Chapter 2 : therapy by blood, plasma and blood derivatives.(blood collection is prohibited for minors, incompetent and for speculative purposes)

Chapter 3 : l & rsquo; medical ethics

Amended and supplemented by : *Law No. 90-17 of 31 July 1990 :

Sampling and Transplantation & rsquo; organs from deceased donors (art. 164-165) :

  • Consent (défunt → famille → tuteur légal)
  • Emergencies (cornea, reins)
  • prohibited (no consent of the deceased, obstructing a forensic autopsy)
  • Anonymity
  • The doctor who made the finding should not be part of the & rsquo; transplant team

Creation of the National Council of & rsquo; ethics (art. 168/was 168/4), installed 1996 (Executive Decree No. 96-122 of 6 Avril 1996)

  • Experimentation on & rsquo; human
  • Tests without therapeutic purposes

under analysis IV :

  1. Medical care is provided in health facilities, workplace, home training or place of & rsquo; accident.
  2. L & rsquo; hospitalization is made by the physician after agreement of the Head of doctor.
  3. Care is provided with the consent of the patient or persons authorized by law (tutors…)
  4. If & rsquo; emergency, where consent can not be obtained, care are placed by the doctor under his responsibility.
  5. The therapy by the blood or its derivatives, is performed by doctors or health personnel placed under his control.
  6. The blood is forbidden for minors and incapacitated for speculative purposes.

WE- TITRE V : PHARMACEUTICAL AND MEDICAL DEVICES TECHNICAL

Governed by the national nomenclature

Divided into 8 chapters :

Chapter 1 : General provisions

Chapter 2 : national classifications

Chapter 3 : procurement of drugs and medical technology devices

Chapter 4 : fabrication, import and distribution of drugs

Amended and supplemented by : * L & rsquo; Ordinance No. 06-07 of 15 July 2006 :

-Importation, wholesale distribution of pharmaceutical products is d & rsquo; public and private operators.

-incentives to promote generic drugs.

-The Ministry of Health may set the minimum threshold for generic drugs in & rsquo; import.

Chapter 5 : pharmaceutically network

Amended and supplemented by : * L & rsquo; Ordinance No. 06-07 of 15 July 2006 :

-Private pharmacies may incidentally ensure the distribution of pharmaceutical products.

Chapter 6 : poisons and drugs (art. 190 at 193)

Chapter 7 : medical information (art. 194)

Chapter 8 : inspection of the pharmacy

Amended and supplemented by :

* Law No. 98-09 of 19 August 1998 :

194/1 at 194/13

under Analysis V :

1- Pharmaceuticals include

  • Medication. – Biological reagents.
  • Unofficial chemicals. – The pharmaceutical products.
  • All products necessary for human or veterinary medicine.

2- Products are governed by the national nomenclature, marketing, experimentation and use is prohibited without the & rsquo; approval of the Minister for Health.

3- The production, import and distribution matter for national companies.

VII- Untitled VI : PERSONAL HEALTH

Divided into 2 chapters :

Chapter 1 : general rules applicable to health professionals.

Section 1 : tasks and activities of doctors, pharmacists and dentists.

Section 2 : tasks and activities paramedics.

Chapter 2 : Terms and schemes & rsquo; health professions exercises

Section 1 : Conditions for doctors, pharmacists and dentists. (197-198)

197: -degree or equivalent qualification.

-no & rsquo; d & rsquo or infirmity; incompatible condition with the & rsquo; exercise of the function.

-do not object d & rsquo; an infamous punishment.

-Algerian nationality unless waived by the Ministry of Health, agreement and agreements with the & rsquo; Algeria.

198: -= 197 + specialist degree specialty.

199 : to be allowed to exercise → Join the Board of & rsquo; regional order.

(*Law No. 90-17 of 31 July 1990)

200 : interned internship graduation studies.

Section 2 : regimes & rsquo; year

Amended and supplemented by : *Law No. 98-09 of 19 August 1998 :

201: -civil servant in full-time -to privately

*L & rsquo; Ordinance No. 06-07 of 15 July 2006.

201/1 at 201/6 : complementary and alternative service (201/5. 201/6)

Section 3 : the rules & rsquo; year applicable to the & rsquo; all doctors, pharmacists and dentists.

Amended and supplemented by :

*Law No. 90-17 of 31 July 1990 :

206/1-2-3-4-5 : professional secret

206/3 : obligation to report abuse of minors and persons deprived of liberty.

207/1 : designation / requesting authority

207/2 : the doctor invests d & rsquo; d & rsquo a mission, expertise or control must inform its quality

Writing minutes of deficiency (so close or the concerned doctor, not competent, not medical technology)

Section 4 : l & rsquo; year in private doctors, pharmacists and dentists.

Amended and supplemented by :

*Law No. 88-15 of 3 May 1988.

*Law No. 90-17 of 31 July 1990.

*L & rsquo; Ordinance No. 06-07 of 15 July 2006.

Section 5 : l & rsquo; illegal medical practice medical professions

214 : every doctor, pharmacist or dentist surgeon does not meet the conditions of the & rsquo; Article 197 + during period d & rsquo; & rsquo ban; year + every doctor, pharmacist or dentist surgeon does not meet the conditions 197/1 + whoever aids (partner in crime)

Amended and supplemented by :*Law No. 90-17 of 31 July 1990.

Section 6 : Local doctors to use, pharmacists and dentists.

Section 7 :Conditions relating to the profession of & rsquo; auxiliary médical222 : midwives authorized to prescribe products, maternal protection processes and methods (fixed / Minister of Public Health) (*Law No. 90-17 of 31 July 1990).

Analysis you titers VI :

A- Tasks and activities of physicians and auxiliary :

1- Ensure the protection of the health of the population by

  1. Caregiving.
  2. Participation in & rsquo; health education by & rsquo; acquiring the necessary knowledge of
  3. individual and collective hygiene. 2- Protection & rsquo; environment.
  4. healthy and balanced nutrition. 4- Prevention of accidents and diseases.

5- Fight against harmful practices

2- Paramedics practice under the responsibility of doctors.

B- Terms & rsquo; exercise of the health professions :

  1. Degree in medicine.
  2. Algerian nationality.
  3. Absence & rsquo; infirmity.
  4. Do not be the & rsquo; d & rsquo object; an infamous punishment.

C- d & rsquo Rules; exercise :

  1. Doctor, under its legal identity, is required to & rsquo; apply the diagnostic techniques and treatment regimens used in the health program.
  2. The physician is free to prescribe the medicines listed in the national appointment, on condition of not being suspended, except in cases of & rsquo; emergency.
  3. The doctor is required to & rsquo; observe professional secrecy, unless legal provisions the & rsquo; allow (maintains daycare, deference to a requisition order.)

VIII- TITRE VII : HEALTH FINANCING IN PUBLIC SERVICES

Insured by the & rsquo; state.

IX- TITLE VIII : PENAL STAFF HEALTH

Divided into 3 chapters :

Chapter 1 : Amended and supplemented by :

*Law No. 90-17 of 31 July 1990 :

239 : when malpractice n & rsquo; no damage caused, only disciplinary sanctions may be applied.

Chapter 2 : Amended and supplemented by :

* Law No. 98-09 of 19 August 1998 :

265 to : hindrance to missions inspector pharmacist (fined 50000 at 100000 GIVES +/- imprisonment for 2 months 2 years)

Chapter 3 : criminal provisions relating to public health and the & rsquo; epidemiology under analysis VIII :

  1. L & rsquo; illegal medical practice: health law “LS” 214, 219, Code pénale algérien “CPA” 301.
  2. The violation of professional secrecy: LS 206 – 266, CPA 301.
  3. The complacency certificates: LS 226, CPA.
  4. The false identity: LS 243, 247, CPA.
  5. L & rsquo; use of drugs: LS 190.
  6. L & rsquo; criminal abortion: 304 at 312, CPA, except 308.

X- TITRE IX : MEDICAL CODE OF ETHICS

• National council, regional Council, Executive Order of the Code of Medical Ethics.

Amended and supplemented by :

*Law No. 90-17 of 31 July 1990

XI- Untitled X : FINAL PROVISIONS

Amended and supplemented by : *Law No. 90-17 of 31 July 1990

X title Analysis :

Are subject to the requirements of this Act and the rules of ethics

  1. Foreign doctors, exerting on the national territory. However, they are not subject to the & rsquo; & rsquo obligation; inclusion on the list of the Regional Ethics Board.
  2. Internal terminal in service are allowed to replace.
  3. A physician practicing at the date of publication of this Act must be registered with the ORS.

XII- CONCLUSION :

  • The present Act is to fix the basic provisions for health and fulfill the rights and duties related to the protection and promotion of health of the population.
  • Its objectives are the protection of the life of the & rsquo; man against diseases and risks, and the & rsquo; Improvement of Living and Working.
  • Currently, there is a draft d & rsquo; a new health law, designed 2012, but not yet voted.

Cours du Dr Boudraa – Faculty of Constantine