79C3C34C52B45572883A05D425EB0F82

Article 122 Regarding Clinical Trials

https://www.ilo.org/dyn/natlex/docs/ELECTRONIC/97799/116199/F1071917999/MDG-97799.pdf

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This file was generated: 2020-12-01 09:17:38

Indicators in focus are typically shown highlighted in yellow; Peer Indicators (that share the same Vulnerability association) are shown highlighted in pink; "Outside" Indicators (those that do NOT share the same Vulnerability association) are shown highlighted in green; Trigger Words/Phrases are shown highlighted in gray.

Link to Orphaned Trigger Words (Appendix (Indicator List, Indicator Peers, Trigger Words, Type/Vulnerability/Indicator Overlay)


Applicable Type / Vulnerability / Indicator Overlay for this Input

Vulnerability TypeVulnerabilityIndicator# Matches
PoliticalIllegal Activityillegal20
Politicalcriminalcriminal20
Politicalpolitical affiliationparty5
Politicalstateless personsnation1
Politicalvulnerablevulnerable1
HealthCognitive Impairmentimpairment1
HealthDrug Dependencedependence2
HealthDrug Usagedrug52
HealthDrug Usagesubstance12
HealthHIV/AIDSHIV5
HealthIntoxicationintoxication1
HealthMentally Disableddisabled2
HealthMentally Disabledmentally1
HealthMentally Incapacitatedincapable1
HealthMotherhood/Familyfamily21
HealthPhysically Disabledillness6
HealthPhysically Illsick4
HealthPregnantpregnant1
Healthalcoholismalcoholism1
Healthbreastfeedingbreastfeeding3
Healthhospitalized patientshospitalized2
Healthillill2
Healthsensory impairmentsensory2
Healthsexually transmitted disasessexually transmitted8
SocialAccess to Social Goodsaccess11
SocialAccess to informationaccess to information1
SocialAgeage3
SocialChildchild27
SocialChildchildren12
SocialElderlyelderly1
SocialIncarceratedprison2
SocialInfantinfant3
SocialMarital Statusmarital status1
SocialMarital Statussingle3
SocialMothersmothers2
SocialPolice Officerofficer2
SocialPolice Officerpolice8
SocialProperty Ownershiphome3
SocialProperty Ownershipproperty2
SocialReligionfaith2
SocialSoldierarmedXforces2
SocialSoldiermilitary3
SocialThreat of Stigmathreat5
SocialThreat of Violenceviolence7
SocialTrade Union Membershipunion2
SocialVictim of Abusetrauma2
SocialVictim of Abusevictim1
SocialVictim of Abuseabuse4
SocialWomenwomen10
SocialYouth/Minorsminor2
Socialeducationeducation5
Socialeducationeducational1
Socialeducationschooling1
Socialembryoembryo2
Socialgenetic heritagegenetic heritage3
Socialphilosophical differences/differences of opinionopinion12
Socialsex workerprostitution1
EconomicEconomic/Povertypoverty3
General/OtherImpaired Autonomyautonomy4
General/OtherIncapacitatedincapacity2
General/OtherPublic Emergencyemergency9
General/OtherRelationship to Authorityauthority55
General/Otherdeclaration of helsinkihelsinki2

Political / Illegal Activity

Searching for indicator illegal:

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p.000021: outside routine care on demand, under the supervision of a doctor.
p.000021: Article 75.- Any member from the medical, paramedical and any other health worker without exception, entitled to
p.000021: exercise his art, is required to refer to requisitions legally issued by the public authority to execute
p.000021: acts related to his specialty. In this case, the interventions open the right to remuneration
p.000021: according to the provisions of the Trade Union Law and paid by the requesting authority.
p.000021: Article 76.- Patients employed in a company have the freedom to consult the practitioners of their
p.000021: choice, unless said company is bound by an exclusivity contract with approved health organizations
p.000021: by the state.
p.000021: Article 77.- Midwives are authorized:
p.000021: - to act as a paramedical practitioner and implement their professional competence such
p.000021: that it was acquired at the end of training instituted and recognized by the Malagasy State;
p.000021: - to perform healthcare services prescribed or advised by a doctor;
p.000021: - to prescribe the drugs and additional examinations authorized jointly by the Order
p.000021: National Midwives and the National Order of Physicians and with prior approval of the Minister responsible for
p.000021: Health.
p.000021: Article 78.- The conditions and rules of practice of the profession of doctor,
p.000021: acupuncturist, dentist-stomatologist, midwife and, where applicable, those practicing other professions
p.000021: and paramedical services are set by Decree taken by the Government Council on a proposal
p.000021: of the Minister of Health.
p.000021: CHAPTER I
p.000021: ILLEGAL PRACTICE OF MEDICINE AND ACUPUNCTURE
p.000021: Article 79.- Illegally practices medicine and the art of acupuncture:
p.000021: 1. any person:
p.000021: - who usually takes or by direction followed, even in the presence of a doctor, at the establishment of a
p.000021: diagnosis, prescription of pharmaceutical products or other treatment of diseases or conditions
p.000021: surgical, congenital or acquired, real or suspected, by personal act, verbal or written consultation or
p.000021: by any other process whatsoever;
p.000022: 22
p.000022: - who practices one of the professional acts provided for in a nomenclature fixed by Order of the Minister responsible
p.000022: of Health, without holding a State diploma, or University of Doctor of Medicine, or any
p.000022: diploma whose equivalence in level and value is recognized by the Malagasy State;
p.000022: - non-doctor or any doctor who does not have a certificate or diploma in acupuncture issued by a
p.000022: Institute or University internationally recognized and recognized by the Malagasy State;
p.000022: - with an authorization to practice acupuncture but which does not respect the conditions and rules
p.000022: to exercise this discipline, in particular the provisions of article 91 of this Code;
p.000022: 2. any person who, with a regular title, acts outside the powers conferred on him by law, in particular
p.000022: by assisting the persons referred to in the preceding paragraph, in order to remove them from the
p.000022: prescriptions of this chapter;
p.000022: 3. any doctor or doctor who practices medicine without being registered with the Institute of Doctors
p.000022: in accordance with this Code, or exercising fraud during the period of temporary or permanent suspension provided for in
p.000022: Article 91 of this Code. There is no illegal practice of medicine if there is assistance given to a person
p.000022: in danger, subject to the conditions specified in article 63 of the Penal Code.
p.000022: Article 80.- The provisions of the preceding article do not apply to medical students, in
p.000022: acupuncture neither to midwives, nor to nurses or wardens who act as an aide to a medical doctor
p.000022: that the latter places with his patients, insofar as these students, midwives, nurses or
p.000022: these nurses act in strict compliance with the prescriptions of the doctor concerned.
p.000022: They also do not apply to medical auxiliaries and other practitioners with special authorization
p.000022: from the health authority. A decree issued by the Minister of Health fixes the extent of their
p.000022: skill.
p.000022: CHAPTER II
p.000022: OF THE ILLEGAL PRACTICE OF ODONTO-STOMATOLOGY
p.000022: Article 81.- Illegally practices the art of dentistry-dentistry:
p.000022: 1- anyone who, without holding a State or University diploma in
p.000022: odonto-stomatology recognized by the Malagasy State, usually takes part or by direction followed in the diagnosis and
p.000022: to the treatment of congenital oral diseases acquired, real or suspected, by consultation, procedure
p.000022: personal or any other process, whatever it is, in particular prophetic;
p.000022: 2- any odonto-stomatologist who, with a regular title, acts outside the powers that the law confers on him,
p.000022: in particular by assisting the persons referred to in the preceding paragraphs of this article to the effect of
p.000022: evade the prescriptions of this chapter; 3- any private, corporate, faith-based dentist,
p.000022: civil servant who practices the art of dentistry-stomatology without being registered with the Order
p.000022: odonto-stomatologists, without being in a regular situation vis-à-vis the Bar Council or practicing fraudulently for
p.000022: the period of temporary or permanent suspension provided for in article 91 of this Code.
p.000022: CHAPTER III
p.000022: OF THE ILLEGAL PRACTICE OF THE MIDWIFE PROFESSION
p.000022: Article 82.- Illegally practicing the profession of midwife:
p.000023: 23
p.000023: 1- anyone who, without a diploma issued by a school recognized by the Malagasy State, practices
p.000023: usually the functions devolved to midwives by usurpation of titles, an act provided for and punished by article 258
p.000023: of the Penal Code;
p.000023: 2- any midwife who usually practices this profession on the National Territory, without being of
p.000023: Malagasy nationality or without being a member of approved foreign missions or a national of a country linked by a
p.000023: reciprocity agreement with Madagascar, without prejudice to the provisions contained in the agreements
p.000023: international or taken in execution of these agreements;
p.000023: 3-any midwife who usually practices this profession without being on the Roll of the Order of
p.000023: midwives instituted by this Code or practicing fraudulently during the period of suspension
p.000023: temporary or final to exercise provided for in article 91 of this Code. However, the provisions of
p.000023: this paragraph does not apply to female military midwives of the Malagasy Armed Forces;
p.000023: 4- any midwife who is convinced to have made a false declaration when registering her diploma and / or
p.000023: when registering with the Roll of the Order, without prejudice to the criminal provisions which
p.000023: penalize the offense arising from the false declaration;
p.000023: 5- any midwife practicing in a private capacity and who has failed to comply, in the month following his establishment with
...

p.000025: the choice of the expert, the Employer Service, at the request of the Council of the Order concerned, must choose one.
p.000025: TITLE III
p.000025: OF THE NURSING PROFESSION,
p.000025: OTHER MEDICAL AND TRADIPRATICIANS
p.000025: Article 92.- Any person who has received a professional training is considered to be practicing the profession of physiotherapist masseur.
p.000025: adequate professional training and holder of a diploma recognized by the State and regulated by Decree taken
p.000025: in a Council of Government on the proposal of the Minister of Health.
p.000025: The physiotherapist masseur aims to perform acts manually or instrumental to
p.000025: rehabilitation purposes, aimed at preventing impairment of functional capacity, to compete
p.000025: to maintain them and when they are altered, to restore or replace them.
p.000025: In the exercise of his activity, the physiotherapist must take into account the
p.000025: psychological and cultural characteristics of each patient, to respect his personality and to abstain from everything
p.000025: act likely to affect the patient's bodily integrity.
p.000025: Illegally practicing the profession of physiotherapist masseur any person who, without the required diploma for this
p.000025: Indeed, usually practices the acts devolved to the physiotherapist masseur and usurps the title.
p.000025: Article 93.- Any person holding a nursing profession is considered to be practicing nursing.
p.000025: diploma of nurse delivered by a School of nursing recognized by the Malagasy State. The exercise of the profession
p.000025: of a nurse without the aforementioned diploma is illegal and punishable by the penalties provided for in article 335 of the
p.000025: this Code. These same penalties are incurred in the case of illegal exercise of the nursing profession
p.000025: during the period of temporary or definitive prohibition from exercising as provided for in article 91 of
p.000025: this Code.
p.000025: Nurses with a medical assistance diploma practice the profession of nurse
p.000025: until the framework to which they belong disappears.
p.000025: The conditions and rules of practice of the nursing profession are set by decree taken in Council of
p.000025: Government on the proposal of the Minister of Health.
p.000026: 26
p.000026: Article 94.- The conditions and rules of practice of the profession of fitting technicians
p.000026: orthopedic, pedicure, optician-eyewear, are regulated by decree taken in the Council of Government
p.000026: on the proposal of the Minister of Health.
p.000026: Article 95.- The practice of Traditional Medicine is legally authorized and recognized by any natural person
p.000026: or moral, individually or in association, under the conditions determined by the provisions of
p.000026: this Code.
p.000026: Traditional healers treating patients in the context of traditional medicine
p.000026: can exercise their art in accordance with the laws and regulations in force.
p.000026: But in no case can they establish a diagnosis by using terminology or slang from allopathic medicine,
p.000026: homeopathy and osteopathy, or handle chemicals prepared or classified as "pharmaceutical" and,
p.000026: outside the traditional pharmacopoeia, prescribe any drug product or pharmaceutical specialties falling under
p.000026: the competence of pharmacists.
p.000026: Article 96.- Under the terms of this Code, the following definitions apply:
p.000026: -Traditional Medicine: the total sum of all knowledge and practices used in
p.000026: diagnosis, prevention and elimination of physical, mental and social imbalances and based exclusively
...

p.000041: Article 160.- The assistant pharmacist performs functions under the responsibility of the licensed pharmacist or
p.000041: the pharmacist in charge of the pharmaceutical establishment.
p.000041: The assistant pharmacist, to exercise the profession of pharmacist is subject to the conditions required in article 155 of the
p.000041: this Code.
p.000041: Article 161.- Any pharmacist is authorized to have his dispensary helped by one or more qualified persons
p.000041: whose training is entirely the responsibility of the licensed pharmacist.
p.000042: 42
p.000042: They assume their tasks under the responsibility and the effective control of a pharmacist, their criminal responsibility
p.000042: remaining committed.
p.000042: Article 162.- No pharmacist may be assisted by a doctor in his dispensary, at any
p.000042: title whatever.
p.000042: Article 163.- Any agreement under which a pharmacist assures a medical practitioner is prohibited,
p.000042: to a dentist or midwife, a profit of any kind on the sale of products
p.000042: pharmaceutical, medicinal or hygienic that they may prescribe.
p.000042: The creation of companies or associations is prohibited, the purpose or activity of which is to research,
p.000042: encourage, facilitate, distribute or collect, for themselves or on behalf of third parties, interest
p.000042: or discounts in connection with the prescription or dispensing of medicines and pharmacy items.
p.000042: Pharmacists or their agents are prohibited from soliciting orders from the public. Any order delivered
p.000042: outside the pharmacy can only be delivered in a sealed package with the name and address of the customer. He is in
p.000042: in addition, pharmacists are prohibited from placing orders outside approved wholesalers.
p.000042: CHAPTER III
p.000042: OF THE ILLEGAL PRACTICE OF THE PHARMACIST'S DUTIES
p.000042: Article 164.- Illegally exercises the functions of pharmacist:
p.000042: - any person who sells and dispenses a drug to the public, or who prepares a drug without being a holder
p.000042: the diploma of pharmacist recognized by the Malagasy State and by the Order of Pharmacists, except
p.000042: derogations expressly specified by this Code;
p.000042: - any person who is not a pharmacist or any company which does not belong to pharmacists and who
p.000042: engages in the import or wholesale distribution of drugs, except as provided for in
p.000042: provisions of this Code;
p.000042: - any person or company which operates a pharmacy without being the holder of a decree issued by the
p.000042: Ministry of Health in accordance with the provisions of this Code;
p.000042: - any person or any company which, not provided with an authorization issued by the Minister of Health,
p.000042: makes medicines.
p.000042: TITLE III
p.000042: PHARMACEUTICAL ESTABLISHMENTS
p.000042: FIRST CHAPTER
p.000042: COMMON PROVISIONS
p.000042: Article 165.- The opening and operation of any manufacturing or import establishment intended for
p.000042: the wholesale, dispensing of medicines and similar products, are subject to a
p.000042: authorization issued by the Minister of Health after consulting the Order of Pharmacists.
p.000042: The authorization is issued in the name of the owner of the pharmaceutical establishment if it is a person
p.000042: physical or on behalf of the owner company. It is non-transferable.
p.000042: The combination of pharmaceutical activities: manufacturing, import-wholesale, export, dispensation of
p.000042: drugs and similar products is prohibited, except derogations granted by order of the Minister responsible
...

p.000050: Minister of Health, to non pharmacists, in localities where there is no pharmacist with a pharmacy
p.000050: open to the public.
p.000050: The drugs authorized to be dispensed by these depots are entered on a list established by the Ministry responsible
p.000050: of Health and the depositaries must fulfill the conditions laid down by decree of the Ministry responsible for
p.000050: health. More particularly, they must be of Malagasy nationality, without prejudice to the provisions
p.000050: contained in international agreements or taken in execution of these agreements.
p.000050: The deposit of medicines is subject to the rules of good dispensation.
p.000050: The regular opening of a pharmacy dispensary prohibits any subsequent authorization to open
p.000050: of medication depot located within a radius of ten kilometers (10 km) and cancels any prior authorization
p.000050: issued for the benefit of an already functional drug depot after a period of three months from the effective opening of
p.000050: the pharmacy.
p.000050: In accordance with the above provisions and by retroactive effect of the law and from the date of signature of the
p.000050: this law, any legally or unopened medication depot within a radius of
p.000051: 51
p.000051: less than ten kilometers (10 km) from an existing pharmacy must cease all activity and close the depot concerned.
p.000051: In this case, an order of the Minister of Health fixes the repeal of the authorization to open
p.000051: the deposit of the drugs concerned upon referral to the Pharmacist knowingly. This decree must
p.000051: apply, as of its publication, and is not subject to any appeal before the Courts and the Council of State of the
p.000051: Supreme Court.
p.000051: Without prejudice to the sanctions provided for by the Penal Code in matters of illegal exercise of a profession, any
p.000051: transgression exposes the offender to the penalties provided for under the provisions of article 332
p.000051: of this Code.
p.000051: Article 203.- In the event of violation of the rules of practice for the depositary of medicines requiring the
p.000051: closure of the disputed depot, the District Inspector Doctor, after having noted it, draws up a report
p.000051: the original of which is sent to the competent administrative authorities for the purpose of ordering the closure of
p.000051: depots of medicines that have lapsed. A copy of the said report must be notified by
p.000051: administrative to the relevant depositaries who acknowledge receipt.
p.000051: The administrative authority only orders the closure of the Establishment, the material execution of
p.000051: the act belongs to another authority, either to the Bailiff, or to the Agent Verbalisateur. However, the
p.000051: closure of a drug depot cannot in any way give rise to action for compensation
p.000051: against the state.
p.000051: Article 204.- It is strictly forbidden for the drug dealer to use the signs
p.000051: exclusively reserved for pharmacies, in particular the mention "pharmacy", the emblematic green cross
p.000051: from a pharmacy and the caduceus.
p.000051: CHAPTER II
p.000051: PHARMACIES WITH SPECIAL MANAGEMENT
p.000051: Article 205.- By District Wholesale Pharmacy (PHAGDIS) is meant the storage warehouse for products
p.000051: pharmaceuticals located in the capital of each health district. It is intended to supply medicines,
p.000051: medical consumables, contraceptives and laboratory reagents Reference Hospital Centers
...

p.000076: - delivery for human consumption of water deemed not to be potable;
p.000076: - fraud, adulteration, marketing of adulterated food,
p.000076: corrupt or toxic products intended to falsify food and incitement to
p.000076: falsification as well as any attempt at the wrongdoings listed above.
p.000077: 77
p.000077: The foregoing provisions refer to the “polluter pays” principles, in Law No.
p.000077: 98-029 of 20 January 1999 relating to the Water Code and to Law No. 99-021 of 9 August 1999 on the management and
p.000077: control of industrial pollution.
p.000077: Article 330.- Any concession holder of a drinking water distribution which, through inattention, negligence, lacks
p.000077: of precaution, non-observance of sanitary regulations or prescriptions of specifications caused the
p.000077: delivery of drinking water likely to harm the health of the public or any polluter is punishable by
p.000077: fine of 18,000 Ariary to 600,000 ariary and imprisonment of one month to six months or both
p.000077: penalties only, without prejudice to the provisions of Law No. 98-029 of 20 January 1999 on the Water Code, in the
p.000077: material. In the event of recidivism, the penalties will be doubled.
p.000077: Article 331.- Any individual who refuses to submit to the emergency requisitions, addressed to him, by an agent qualified in
p.000077: its quality as a public authority; as stipulated by article 75 of this Code, is punished with a fine of
p.000077: 4,000,000 Ariary to 9,000,000 Ariary and imprisonment from six months to one year or one of these two sentences
p.000077: only.
p.000077: In the event of recidivism, the penalties will be doubled.
p.000077: Article 332.- The illegal exercise of the profession of doctor, acupuncturist, pharmacist or dentist-dentist
p.000077: is punished with a fine of 2,000,000 Ariary to 50,000,000 Ariary and imprisonment from one month to one year or
p.000077: one of these two sentences only.
p.000077: In the event of recidivism, the penalties will be doubled.
p.000077: It can, moreover, be ordered the confiscation of the medical material having allowed the exercise
p.000077: illegal.
p.000077: Article 333.- The illegal exercise of the profession of midwife is punished with a fine of
p.000077: 2,000,000 Ariary to 50,000,000 Ariary and imprisonment from one month to one year or both
p.000077: only.
p.000077: In the event of recidivism, the penalties will be doubled.
p.000077: In addition, it may be ordered the confiscation of the material that allowed the illegal exercise.
p.000077: In the event of death occurring during the illegal exercise of the midwifery profession, the author and his co-authors
p.000077: are punished with a criminal penalty of forced labor which may go to forced labor for life, in accordance with
p.000077: provisions of article 304 last paragraph of the Penal Code.
p.000077: Article 334.- Any member of the medical and paramedical bodies convinced of having made or having attempted to make a false
p.000077: declaration for inclusion in the Roll of the Order, is punished with a fine of 120,000 Ariary to 1,200,000 Ariary
p.000077: and imprisonment of one month to one year, or both, without prejudice to prosecution
p.000077: in accordance with the provisions of the Penal Code or this Code.
p.000077: In the event of recidivism, the penalties will be doubled.
p.000077: Article 335.- The illegal exercise of the nursing profession is punished with a fine of
p.000077: 2,000,000 Ariary to 50,000,000 Ariary and one month to three months imprisonment or one of these two sentences
p.000077: only.
p.000077: In the event of recidivism, the penalties will be doubled.
p.000077: It can, moreover, be pronounced with the confiscation of any material and accessory having allowed the illegal exercise.
p.000078: 78
p.000078: Article 336.- The illegal exercise of the profession of Sanitary Aid is punishable by penalties
p.000078: applicable to the illegal exercise of the midwifery or nursing profession.
p.000078: In the event of recidivism, the penalties will be doubled.
p.000078: In addition, the confiscation of the medical equipment that allowed the exercise may be ordered.
p.000078: illegal.
p.000078: The above provisions are applicable to any person caught in the act or convicted
p.000078: illegal exercise of the profession of traditional healer.
p.000078: Article 337.- Any pharmacist or doctor, who is accused of having sold medical samples, or denounced
p.000078: occasionally by a consumer, having regard to this offense is brought before the Council of the Order
p.000078: for violation of legal and regulatory provisions in pharmaceutical matters.
p.000078: Article 338.- Anyone who sells medical samples is punished with a fine of 20,000 Ariary to 2,000,000 Ariary and
p.000078: recidivism of a fine fixed at twice, without prejudice to criminal proceedings.
p.000078: Any pharmaceutical establishment engaged in the possession and sale of drugs without
p.000078: Marketing Authorization is subject to a fine of 2,000,000 Ariary to
p.000078: 20,000,000 Ariary, without prejudice to criminal proceedings and other administrative sanctions.
p.000078: Article 339.- Are punished by imprisonment of five to ten years and a fine of 200,000 Ariary to 2,000,000 Ariary or
p.000078: one of these two sentences only:
p.000078: - those who transgress the provisions of the texts concerning production, transport,
p.000078: the import, export, possession, offer, transfer, acquisition and use of substances or
p.000078: poisonous plants classified as narcotic or psychotropic, as well as any act related to these
p.000078: operations;
p.000078: - those who knowingly establish prescriptions for convenience of high-risk drugs;
p.000078: - those who, knowing the fictitious or complacency of a given order, have on the
p.000078: presentation to them of high-risk drugs;
p.000078: - those who, by means of a fictitious order or of convenience, were delivered or attempted to be done
p.000078: dispense high-risk drugs;
p.000078: - those who have given up or offered high-risk drugs to a person for the personal consumption of
p.000078: the latter;
p.000078: - those who transgress the legal provisions concerning production, manufacturing,
p.000078: extracting, preparing, processing, importing, exporting, offering, offering for sale,
p.000078: distribution, sale, delivery in any capacity, purchase, possession or use of drugs
p.000078: entered in Tables II and III of international conventions;
p.000078: - those who facilitate the dispensing of medicines for medical use, narcotics and
p.000078: dangerous or toxic without medical prescription.
p.000078: In the event of recidivism, the penalties will be doubled.
p.000078: The provisions of this article apply without prejudice to the other penalties provided for in the non-
p.000078: contrary to the Health Code, in particular those relating to narcotic drugs, psychotropic drugs and precursors.
p.000078: Article 340.- Anyone who knowingly engages in the illicit sale of medicines, without meeting the required conditions
p.000078: for the legal exercise of pharmacy by transgression of article 155 is
p.000079: 79
p.000079: liable to a fine of 2,000,000 Ariary to 50,000,000 Ariary and imprisonment from three months to three
p.000079: years or one of these two sentences only.
p.000079: In the event of recidivism, the penalties will be doubled.
p.000079: Is pronounced by law, the confiscation of all material and medication that allowed the illegal exercise of the function
p.000079: pharmacist.
p.000079: The provisions of this article do not apply to the authorized drug distributor
p.000079: a deposit on decree taken by the Ministry responsible for Health, except in case of violation of the provisions
p.000079: Articles 202 to 204 of this Code.
p.000079: Article 341.- Anyone who makes a false declaration with a view to their registration on the Table of the Order of Pharmacists
p.000079: is punished with a fine of 120,000 Ariary to 1,200,000 Ariary and imprisonment from six months to one year or
p.000079: only one of these two penalties, without prejudice to the sanctions provided for in the matter.
p.000079: In the event of recidivism, the penalties will be doubled.
p.000079: Article 342.- Anyone who has contravened the provisions on pharmacies is punished with a fine of 200,000
p.000079: Ariary to 2,000,000 Ariary and, in the event of a repeat offense, to a fine fixed at double, without prejudice to criminal proceedings.
p.000079: Article 343.- Any resistance, opposition or any obstacle to the exercise of the function of
p.000079: pharmacist-inspectors are punished with imprisonment of six months to three years and a fine of 20,000 Ariary to
p.000079: 500,000 Ariary or one of these two sentences only, without prejudice to disciplinary sanctions which may
p.000079: be pronounced by the Council of the Order or administrative measures of suspension or withdrawal
p.000079: authorizations likely to be taken by the Minister of Health against the author of
p.000079: the offense.
p.000079: Article 344.- All offenses relating to the advertising of medicinal products for human use, without prejudice to sanctions
p.000079: are punished with the penalties provided for in Ordinance No. 73-055 of September 11, 1973 relating to repression
...

Political / criminal

Searching for indicator criminal:

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p.000010: the environment, in particular the degradation of water, by modifying their physical and chemical characteristics,
p.000010: biological or bacteriological and radioactive, whether it be surface water or groundwater.
p.000010: Any natural or legal person, public or private, carrying out an activity, source of pollution or
p.000010: which may present dangers for water resources and environmental health, has the obligation to keep
p.000010: account in his personal activity or in the overall management of his business, of the impact
p.000010: environmental impact of its activities on neighboring environments and to take all appropriate measures to prevent,
p.000010: mitigate or eliminate the suspected, threatening or actual danger.
p.000010: Article 30.- Concerning in particular waste water other than domestic, and without prejudice to
p.000010: provisions of the texts in force establishing the Code of Town Planning and Housing relating to the discharge of water and
p.000010: used materials, these must in no case flow into public gutters or sewers, unless authorized by
p.000010: competent authorities.
p.000010: Article 31.- Anyone who through negligence or carelessness degrades public or municipal works
p.000010: intended to receive or conduct wastewater lets introduce waste or droppings from whatever source
p.000010: whatsoever or any other material likely to harm the healthiness of the environment, in particular water from
p.000010: springs, fountains, wells, cisterns, pipes, aqueducts, water tanks used for
p.000010: public food, is subject to the application of the provisions of article 329 of this Code.
p.000010: If the responsibility lies with a company or any other legal person, the civil liability enacted
p.000010: under the above-mentioned article 329 prevails over criminal responsibility.
p.000010: Article 32.- Are prohibited, under penalty of the same sanctions provided for in the previous article,
p.000010: the abandonment of dead animals, debris from butcheries, manure, faeces and in general residues
p.000010: organic, putrescible in faults or excavations likely to contaminate the water delivered to the
p.000010: drink and consumption.
p.000010: Any burial outside the surfaces authorized for this use is also prohibited.
p.000011: 11
p.000011: Article 33.- in accordance with the provisions of Law No. 94-027 of November 17, 1994 on the Hygiene Code,
p.000011: safety and working environment, workers must have water at their disposal
p.000011: drinking. Water which does not come from an officially approved drinking water service must not
p.000011: not be distributed as drinking water.
p.000011: Drinking water is defined as water intended for human consumption and which, by treatment or
p.000011: naturally, meets organoleptic, physico-chemical, bacteriological and
p.000011: organic products fixed by decree.
p.000011: Public supply of drinking water and access to collective sanitation of domestic wastewater are
p.000011: provided by the Municipal Public Service. It belongs to the Municipality concerned, both in the middle
p.000011: urban than rural, to provide localities not yet served with water supply
p.000011: drinking water to extend the service rate and to increase the current sanitation coverage rate.
p.000011: Drinking water, bottled or not bottled, must be checked regularly by laboratories
p.000011: approved by the state. The organization and designation of the bodies concerned are fixed by decree taken
p.000011: in a Council of Government on the proposal of the Ministries concerned (Health, Energy, Water) specifying their roles
p.000011: and how they work.
p.000011: Section 2
p.000011: Waste management
...

p.000013: essential protein, that the case of Stephen Jacob's disease called
p.000014: 14
p.000014: commonly "mad cow disease" has been detected or not in cattle, are declared unfit for
p.000014: human consumption and prohibited for sale commercially in Madagascar.
p.000014: Food products of animal origin, derived from animals struck with fatal epidemic disease in animals,
p.000014: can contaminate at serious or lower risk, humans, regardless of the germ involved and
p.000014: particularly for foot and mouth disease and avian influenza, are declared unfit for consumption
p.000014: human and therefore contraindicated for food and prohibited from selling or entering the Territory
p.000014: National.
p.000014: Article 48.- Food products of plant origin, having been cultivated under the mode
p.000014: specific to Genetically Modified Organisms called GMOs, are the subject of a declaration
p.000014: classifying it dangerous for human consumption because of the risks of genome modification they make
p.000014: run to the consumer. Their sale as a foodstuff is prohibited across the Territory
p.000014: National.
p.000014: Article 49.- The modalities of application of the provisions of articles 41 to 48 will be fixed by regulatory means.
p.000014: More specifically, with regard to the provisions of article 47 on reputed animal diseases
p.000014: contagious which are fixed by the texts in force establishing the nomenclature of animal diseases deemed
p.000014: contagious in Madagascar and / or any amending texts.
p.000014: In the interest of consumers and for more effective protection of the population against attacks on the
p.000014: health, violation of the provisions of Articles 41 to 48 constitutes sanctioned offenses
p.000014: by criminal law and is the subject of a specific law for this purpose.
p.000014: Section 4
p.000014: Hygiene measures concerning chemical preparations and substances intended for use in public health
p.000014: and the management of ambient air health
p.000014: Article 50.- Standardization of labeling of packaging for substances and preparations
p.000014: intended for domestic and public hygiene is governed by the provisions of the regulatory texts in force, taken
p.000014: by the Minister of Industry, Trade and Private Sector Development and possibly by texts
p.000014: regulatory amendments.
p.000014: Article 51.- Chemical substances intended for use in public health, in particular those intended for
p.000014: subject intra-domiciliary treatments must have the approval of the Minister of Health before being
p.000014: imported, manufactured or reformulated for placing on the national market.
p.000014: These preparations include soaps and detergents, all products intended for the fight against insects.
p.000014: and parasites, vectors of diseases, regardless of the formulation in which they are presented, of
p.000014: the active substance used and the concentration. This approval results in the issuance of an authorization for
p.000014: sale.
p.000014: The procedures for applying the provisions of Articles 50 and 51 are taken by regulation.
p.000014: The ambient air must be healthy. Any activity likely to pollute the air and, in general,
p.000014: threaten or harm human health, must be controlled in order to reduce pollution as well as
p.000014: environmental degradation. The concentration standards of the air components must be set by
p.000014: decree on the proposal of the Ministries in charge of Health and the Environment.
p.000015: 15
p.000015: CHAPTER III
p.000015: HOUSING HEALTH
...

p.000022: odonto-stomatologists, without being in a regular situation vis-à-vis the Bar Council or practicing fraudulently for
p.000022: the period of temporary or permanent suspension provided for in article 91 of this Code.
p.000022: CHAPTER III
p.000022: OF THE ILLEGAL PRACTICE OF THE MIDWIFE PROFESSION
p.000022: Article 82.- Illegally practicing the profession of midwife:
p.000023: 23
p.000023: 1- anyone who, without a diploma issued by a school recognized by the Malagasy State, practices
p.000023: usually the functions devolved to midwives by usurpation of titles, an act provided for and punished by article 258
p.000023: of the Penal Code;
p.000023: 2- any midwife who usually practices this profession on the National Territory, without being of
p.000023: Malagasy nationality or without being a member of approved foreign missions or a national of a country linked by a
p.000023: reciprocity agreement with Madagascar, without prejudice to the provisions contained in the agreements
p.000023: international or taken in execution of these agreements;
p.000023: 3-any midwife who usually practices this profession without being on the Roll of the Order of
p.000023: midwives instituted by this Code or practicing fraudulently during the period of suspension
p.000023: temporary or final to exercise provided for in article 91 of this Code. However, the provisions of
p.000023: this paragraph does not apply to female military midwives of the Malagasy Armed Forces;
p.000023: 4- any midwife who is convinced to have made a false declaration when registering her diploma and / or
p.000023: when registering with the Roll of the Order, without prejudice to the criminal provisions which
p.000023: penalize the offense arising from the false declaration;
p.000023: 5- any midwife practicing in a private capacity and who has failed to comply, in the month following his establishment with
p.000023: obligations to register your diploma with the Ministry of Health and the National Order of Midwives.
p.000023: Traditional birth attendants who practice their profession are not affected by the provisions of this article.
p.000023: function within the limit of their competence enacted by this Code.
p.000023: Article 83.- The disciplinary penalties and sanctions incurred in application of articles 79 to 82 are provided for in the Book
p.000023: IX of this Code.
p.000023: CHAPTER IV
p.000023: NATIONAL ORDERS
p.000023: Article 84.- The right to establish a National Order is recognized for each medical and paramedical body
p.000023: whose members, by virtue of their registration on the Roll of the Order, are entitled to exercise their art.
p.000023: The National Order thus established may, as necessary, be extended to the Regions under
p.000023: the designation of Regional Council by decision of the Order concerned taken in General Assembly of the Council of the Order
p.000023: National.
p.000023: No one can be registered in these Orders if he is not of Malagasy nationality or a national of a country bound by an agreement
p.000023: of reciprocity with Madagascar.
p.000023: The development of the internal regulations of each Order, the mission assigned to the Order, the role and composition of
p.000023: different Councils, the modalities of elections and any specific provision for each Order are
p.000023: determined by order of the Minister of Health.
p.000023: Article 85.- The registration in the Roll of the corresponding Order makes the exercise of the profession of lawful
...

p.000034: Order of the Minister of Health: the Ethics Committee to the Ministry of Health on research
p.000034: biomedical involving humans.
p.000034: The composition, the nomination of the members, the attributions and the functioning of this Ethics Committee
p.000034: with the Minister of Health will be fixed by order of the Minister of Health.
p.000034: Any clinical trial must be subject to prior authorization by the Minister of Health after the Committee has given its opinion.
p.000034: Ethics.
p.000034: Clinical trials in the National Territory must be carried out according to the principles and guidelines
p.000034: good clinical practices of the World Health Organization, in accordance with the principles
p.000034: contained in the Declaration of Helsinki and the Guide for the use of members of the Ethics Committee to the
p.000034: Ministry of Health.
p.000034: Any unauthorized clinical trial, or one that has not strictly followed the study protocol approved by the Committee
p.000034: of ethics with the Ministry of Health, in accordance with the principles contained in the declaration
p.000034: of Helsinki and the Guide for use by members of the Ethics Committee with the Ministry responsible for
p.000034: Health, is classified as a dangerous experiment with obvious risk and engages the civil and criminal responsibility of
p.000034: his author.
p.000034: Section 3
p.000034: Pharmacovigilance
p.000034: Article 123.- “Pharmacovigilance” means the science and activities relating to detection,
p.000034: assessment, understanding and prevention of adverse effects or any other related problem
p.000034: to medicines or health products placed on the market, whether for a fee or free of charge, whether this risk is
p.000034: potential or proven. It also includes all centralization, control operations
p.000034: and dissemination of information on adverse drug reactions.
p.000034: Article 124.- The granting of a Marketing Authorization for a drug subjects the holder to the obligation
p.000034: to inform the Madagascar Medicines Agency of any "unexpected side effect" brought to its attention. This
p.000034: obligation applies to prescribers, dispensers and beneficiaries.
p.000035: 35
p.000035: The manufacturer of a licensed product or the importer must inform the Madagascar Medicines Agency of any
p.000035: withdrawal or suspension of the product in the country of origin, as soon as it becomes aware of it.
p.000035: Section 4
p.000035: Prescription
p.000035: Article 125.- The following are authorized to prescribe:
p.000035: - the doctors ;
p.000035: - hospital interns and externs;
p.000035: - internal medical interns under the authority of the doctor responsible for the service;
p.000035: - dental surgeons within the limits of a list determined by order of the Minister responsible for
p.000035: Health;
p.000035: - in the absence of a doctor, the paramedics within the limits of the lists of drugs
p.000035: authorized for each level of health facility.
...

p.000037: Advertising to the public for a drug is only allowed if the drug has
p.000037: obtained Marketing Authorization and that it is not subject to medical prescription.
p.000037: Advertising to the public for a drug is necessary accompanied by a message of caution and reference to the
p.000037: consult a doctor if symptoms persist.
p.000037: Advertising to the public for a specific drug as well as advertising campaigns to
p.000037: of the public for vaccinations are subject to a prior authorization of limited duration, called visa de
p.000037: advertisement issued by the Madagascar Medicines Agency. It is accompanied by a fixed fee, the amount of which is
p.000037: determined by joint order of the Minister of Health and the Minister of Finance and Budget.
p.000037: This visa is issued for a period which cannot exceed the duration of the Marketing Authorization.
p.000037: The conditions for granting, suspending or withdrawing the advertising visa are defined by order of the Minister responsible
p.000037: of Health.
p.000037: CHAPTER IV
p.000037: OF NARCOTICS, PSYCHOTROPES AND PRECURSORS
p.000037: Article 138.- The Ministry in charge of Health and the medical and paramedical personnel placed under its authority, the
p.000037: Health professions within the Private Sector, pharmacists participate in the implementation of Law No. 97-039
p.000037: of 04 November 1997 on the control of narcotic drugs, psychotropic substances and precursors in Madagascar as well
p.000037: that the implementation of the National Master Plan for the Fight against Drugs and Criminal Activities
p.000037: related.
p.000038: 38
p.000038: Article 139.- Narcotic means any plant or substance of natural or synthetic origin, except
p.000038: sedative, analgesic, narcotic or euphoric action which can cause addiction, drug addiction or
p.000038: addiction.
p.000038: The narcotic drugs subject to control appear in Tables I and II of the Geneva Single Convention on Narcotic Drugs
p.000038: of 1961, as amended by the Protocol of March 1972.
p.000038: Article 140.- We consider as psychotropic substances "all the original chemical substances
p.000038: natural or artificial which have a psychological tropism, that is to say likely to modify
p.000038: mental activity without prejudging the type of this modification. " Substances are subject to control
p.000038: psychotropic drugs classified according to their dependence potential and their degree of usefulness
p.000038: therapeutic listed in Tables I, II, III and IV of the Vienna Convention on Substances
p.000038: Psychotropics of February 21, 1971.
p.000038: Article 141.- Precursors mean substances used for the manufacture of narcotic drugs or
p.000038: psychotropic substances.
p.000038: Precursors subject to control are listed in Tables I and II of the United Nations Convention against Trafficking
p.000038: illicit narcotic drugs and psychotropic substances of 1988.
p.000038: Article 142.- The definitions are extended to any modification of the tables which could be taken later
p.000038: by decision of the United Nations Commission on Narcotic Drugs.
p.000038: Article 143.- The Minister of Health is responsible for the application at national level of
...

p.000041: pharmacist, and in particular to the provisions of the texts in force in terms of ethics of Pharmacists.
p.000041: All pharmacists must exercise their profession personally. The use of a pseudonym for the exercise of
p.000041: the profession of pharmacist is prohibited. His diploma can only be registered for one establishment.
p.000041: A pharmaceutical establishment can only remain open in the absence of the Pharmacist if this is done regularly
p.000041: replace. The replacement procedures and the procedures to be followed which require the opinion of the Council of
p.000041: the Order, are set by Order of the Minister of Health.
p.000041: Article 159.- Any pharmacist wishing to stop working must inform the Minister responsible for Health and the
p.000041: National Council of the College of Pharmacists.
p.000041: Any pharmacist who has interrupted his activity and who wishes to resume it is subject to the required conditions
p.000041: in article 155 of this Code.
p.000041: Article 160.- The assistant pharmacist performs functions under the responsibility of the licensed pharmacist or
p.000041: the pharmacist in charge of the pharmaceutical establishment.
p.000041: The assistant pharmacist, to exercise the profession of pharmacist is subject to the conditions required in article 155 of the
p.000041: this Code.
p.000041: Article 161.- Any pharmacist is authorized to have his dispensary helped by one or more qualified persons
p.000041: whose training is entirely the responsibility of the licensed pharmacist.
p.000042: 42
p.000042: They assume their tasks under the responsibility and the effective control of a pharmacist, their criminal responsibility
p.000042: remaining committed.
p.000042: Article 162.- No pharmacist may be assisted by a doctor in his dispensary, at any
p.000042: title whatever.
p.000042: Article 163.- Any agreement under which a pharmacist assures a medical practitioner is prohibited,
p.000042: to a dentist or midwife, a profit of any kind on the sale of products
p.000042: pharmaceutical, medicinal or hygienic that they may prescribe.
p.000042: The creation of companies or associations is prohibited, the purpose or activity of which is to research,
p.000042: encourage, facilitate, distribute or collect, for themselves or on behalf of third parties, interest
p.000042: or discounts in connection with the prescription or dispensing of medicines and pharmacy items.
p.000042: Pharmacists or their agents are prohibited from soliciting orders from the public. Any order delivered
p.000042: outside the pharmacy can only be delivered in a sealed package with the name and address of the customer. He is in
p.000042: in addition, pharmacists are prohibited from placing orders outside approved wholesalers.
p.000042: CHAPTER III
p.000042: OF THE ILLEGAL PRACTICE OF THE PHARMACIST'S DUTIES
p.000042: Article 164.- Illegally exercises the functions of pharmacist:
p.000042: - any person who sells and dispenses a drug to the public, or who prepares a drug without being a holder
p.000042: the diploma of pharmacist recognized by the Malagasy State and by the Order of Pharmacists, except
p.000042: derogations expressly specified by this Code;
p.000042: - any person who is not a pharmacist or any company which does not belong to pharmacists and who
p.000042: engages in the import or wholesale distribution of drugs, except as provided for in
p.000042: provisions of this Code;
...

p.000046: III of this Code.
p.000046: The import and wholesale distribution activity is reserved exclusively for wholesalers
p.000046: importers-distributors.
p.000046: Article 185.- Any wholesale pharmaceutical establishment must be placed under the responsibility
p.000046: of a Responsible Pharmacist.
p.000046: Article 186.- Any Responsible Pharmacist is personally responsible with regard to the laws and regulations in force
p.000046: in the practice of the profession of pharmacist, without prejudice, if any, to liability
p.000046: in solidarity with society. He is subject to all the obligations imposed on the pharmacist,
p.000046: particularly with regard to inspections by pharmacy inspectors.
p.000046: Article 187.- Any establishment of preparation or wholesale, either of simple drugs or products
p.000046: chemicals intended for pharmacy and put up for sale by weight
p.000047: 47
p.000047: medical, either pharmaceutical compositions or preparations, must be the property of a State-certified Pharmacist or
p.000047: that of a company in Management or General Management in which a Responsible Pharmacist participates and in this
p.000047: case, the capital of the company must belong in majority to one or more pharmacists in the proportion of 51%
p.000047: for pharmacists and 49% for anyone not a member of the profession. It can be, in all or
p.000047: party, conceded in rental management to a company under the same conditions as above. The conditions
p.000047: of rental management are determined by regulation. Managers and partners are
p.000047: responsible to third parties. There is no limit to tort liability or
p.000047: almost criminal of the Managers.
p.000047: Article 188.- If, a collective decision taken at the level of general management or management
p.000047: violates the ethical rules of the pharmacist profession and / or the Pharmaceutical Policy
p.000047: National, the Responsible Pharmacist retains the full and entire prerogative which he derives from his quality and the rules
p.000047: of ethics to which it must comply, to oppose the said decision, to suspend its implementation and to
p.000047: refer the matter to the Ministry of Health regarding the fate to be reserved for the decision in question.
p.000047: Article 189.- Importing wholesalers can sell directly to Health Facilities
p.000047: public or private non-profit regulated by the district health service of the place
p.000047: implantation, generic drugs provided that they obtain an authorization from the Minister responsible for
p.000047: Health and that they are managed by a Responsible Pharmacist or that several pharmacists are co-owners.
p.000047: Article 190.- The principles listed in articles 185 to 189 are fixed by Decrees taken in the Government Council on
p.000047: proposal from the Minister of Health.
p.000047: Article 191.- The importation of drugs or similar products not meeting the specifications
p.000047: degraded, fraudulent, outdated, falsely labeled, without Marketing Authorization or whose Authorization to
p.000047: Placing on the Market has been withdrawn or has not been renewed in other countries or in Madagascar is prohibited.
p.000047: Article 192.- An Order of the Minister of Health will determine the number of
p.000047: import, wholesale and distribution establishments prorated to all
p.000047: annual imports of drugs carried out in the Private Sector. Issuance of
p.000047: the authorization to operate such establishments can only be carried out in accordance with said Decree.
p.000047: CHAPTER V
...

p.000049: as well as on the abusive uses of psychoactive substances and to take any useful measure in the matter to
p.000049: preserve public health;
p.000049: 5 ° - to propose any measure contributing to the development of research and industrial activities in the
p.000049: drug sector, and thus promote complementarity between the public sectors and
p.000049: private;
p.000049: 6 ° - to coordinate and carry out the quality control of drugs through the national laboratory
p.000049: quality control;
p.000049: 7 ° - to participate at the request of the Minister of Health, in the development or modification of
p.000049: legislative or regulatory texts governing its activities;
p.000049: 8 ° - to propose to the Minister in charge of Health any measure concerning the fields falling within his
p.000049: skill.
p.000049: The administrative and financial organization of the Madagascar Medicines Agency is fixed by decree
p.000049: taken in council of Government on proposal, of the Minister in charge of Health.
p.000049: Section 2
p.000049: Inspection
p.000049: Article 199.- The functions of control and inspection of pharmaceutical establishments at national level, devolved
p.000049: by this Code to the Medicines Agency of Madagascar are exercised by pharmacist-inspectors having
p.000049: mandatory state pharmacist diploma and having trained in inspection techniques.
p.000049: Pharmacist-inspectors are responsible for:
p.000049: 1 ° - to control in pharmaceutical establishments and with a few hands that they are the execution of all
p.000049: the prescriptions of laws and regulations that relate to the practice of pharmacy. As such, they are
p.000049: invested with the function of judicial police, in accordance with article 128 of the Code of Criminal Procedure and are
p.000049: empowered to identify offenses throughout the National Territory, to gather evidence, to identify
p.000049: perpetrators and proceed to seizures. They are bound by professional secrecy. They must be
p.000049: sworn before being admitted to exercise their functions;
p.000049: 2 ° - to respond to any request for technical expertise or inquiry made by the Minister of Health or by
p.000049: the President of the National Council of the Order of Pharmacists or at the request of a judicial body.
p.000050: 50
p.000050: The Madagascar Medicines Agency may use the intervention of agents empowered by a special law to
p.000050: find and prosecute offenses relating to the application of the law and
p.000050: regulations relating to the marketing of medicines. These agents report to the Ministry responsible for
p.000050: Trade and participate in the judicial police in accordance with article 128 of the Code of Criminal Procedure.
p.000050: Article 200.- Expenses of any kind resulting from the operation of the establishment inspection
p.000050: pharmaceuticals are the responsibility of the Medicines Agency of Madagascar.
p.000050: The quality of pharmacist-inspectors, their mission, the functioning and the organization of their service are defined
p.000050: by order of the Minister of Health.
p.000050: CHAPTER II
p.000050: NATIONAL LABORATORY FOR QUALITY CONTROL OF MEDICINES
p.000050: Article 201.- The National Laboratory for Quality Control of Medicines, attached to the Agence du
p.000050: Medication of Madagascar is responsible for the quality control of drugs for human use and all
p.000050: pharmaceutical products approved and supplied on the market or dispensed in Madagascar and their conformity with
p.000050: the specifications presented during the marketing request or the import authorization.
p.000050: The Medicines Agency of Madagascar may, if necessary, use the services of other laboratories
p.000050: approved with which it concludes agreements.
p.000050: The operating procedures of the National Drug Quality Control Laboratory are
p.000050: determined by Order of the Minister of Health.
p.000050: TITLE V
p.000050: MISCELLANEOUS PROVISIONS RELATING TO MEDICINE DEPOSITS, SPECIFICALLY MANAGED PHARMACIES AND PLANTS
p.000050: MEDICINALES
p.000050: FIRST CHAPTER
p.000050: DRUG DEPOSITS
p.000050: General rules
p.000050: Article 202.- The drug depot is a center for the sale and distribution to the public of pharmaceutical products
p.000050: essential, essential, whose operating license is issued on a palliative basis by the
p.000050: Minister of Health, to non pharmacists, in localities where there is no pharmacist with a pharmacy
...

p.000059: social and security measures to be taken to reduce drug addiction and eradicate its most harmful effects;
p.000059: 5- summarize and complete the list of legislative and regulatory texts constituting the legal framework of the
p.000059: fight against drug addiction. Propose improvements and the promulgation of new texts;
p.000059: 6- strengthen awareness campaigns against the causes of drug addiction.
p.000059: Article 256.- The legal framework for tobacco control and other drug addiction must include the texts
p.000059: following:
p.000059: • Law No. 61-053 of December 13, 1961 on the fight against alcoholism and its subsequent texts;
p.000059: • Law No. 97-039 of 4 November 1997 on the control of narcotic drugs, psychotropic substances and
p.000059: forerunners in Madagascar and its subsequent texts;
p.000060: 60
p.000060: • Law n ° 2004-029 of September 9, 2004 authorizing the ratification of the Framework Convention of the Organization
p.000060: World Health for Tobacco Control;
p.000060: • the Decision of the High Constitutional Court n ° 23-HCC / D1 of September 8, 2004 relating to Law n °
p.000060: 2004-029 of September 9, 2004 authorizing the ratification of the Framework Convention of the World Health Organization
p.000060: for Tobacco Control;
p.000060: • Ordinance No. 60-098 of September 21, 1960 relating to the regulation of beverages and its implementing decrees
p.000060: as well as any subsequent texts;
p.000060: • The laws and regulations in force in the fight against drugs and criminal activities
p.000060: related as well as those governing the industrialization, importation, marketing and consumption of
p.000060: tobacco products in Madagascar;
p.000060: • The regulatory texts governing the creation, organization and operation of the National Office
p.000060: of Tobacco Control of the Ministry in charge of Health.
p.000060: TITLE IV
p.000060: MEASURES TO COMBAT MENTAL ILLNESSES
p.000060: Article 257.- The list of diseases to which these provisions apply as well as the measures for
p.000060: fight against mental illnesses are determined by regulatory text of the Minister of Health.
p.000060: Article 258.- This list can be modified under the same conditions as above depending on
p.000060: possible new forms of disease.
p.000060: Article 259.- The main objectives of the fight against mental illness are as follows:
p.000060: 1- take into account the progress made in the prevention and diagnosis of mental illnesses,
p.000060: quality of care and the nature of the drugs administered to patients with mental disorders, monitoring of
p.000060: patients left in a family, social environment or in a non-hospital structure or even hospitalized,
p.000060: rehabilitation and social reintegration;
p.000060: 2- design on this basis a mental health promotion policy through the definition of
p.000060: missions entrusted to establishments providing hospital services depending on the State or to any
p.000060: legal entity of public or private law participating in the implementation of the health promotion policy
p.000060: mental;
...

p.000061: National Law constituting the legal framework for the protection of the person of women and children.
p.000061: Article 264.- The following fundamental rules contained in the International Conventions, in
p.000061: the Constitution and in the National Law contribute to protect the family and the person of the woman:
p.000061: - the family, the natural and fundamental element of society, is protected by the State which ensures its freedom
p.000061: fulfillment as well as that of mother and child through legislation and social institutions
p.000061: appropriate;
p.000061: - based on the equality of men and women, during pregnancy, during childbirth and after
p.000061: delivery of appropriate and free services when needed, as well as adequate nutrition during
p.000061: pregnancy and breastfeeding;
p.000061: - the State recognizes the right of everyone to an adequate standard of living for himself and his family, including
p.000061: including adequate food, clothing and accommodation, as well as constant improvement in conditions
p.000061: of existence and also the right to enjoy the best physical and mental health
p.000061: able to reach;
p.000061: - the Malagasy Criminal Code severely sanctions anyone who has favored or attempted to promote abortion. of the
p.000061: aggravated sentences are provided for members of medical or paramedical personnel who have committed the same
p.000061: facts;
p.000061: - the Malagasy Penal Code includes in its article 63 a provision which makes it possible to sanction a person who
p.000061: willfully refrain from providing assistance to another person in danger that they could provide
p.000061: either by his personal action, or by provoking help. This article applies to any member of the body
p.000061: midwifery who refrain from administering the care required of a woman by
p.000061: peril during childbirth.
p.000062: 62
p.000062: Article 265.- The following rules, which enshrine the best interests of the child in society,
p.000062: contained in International Conventions and in National Law ensure the protection and
p.000062: safeguarding the physical and moral integrity of the child:
p.000062: - the State recognizes that every child has an inherent right to life and ensures as far as possible the
p.000062: child survival and development;
p.000062: - the State undertakes to respect the right of the child to preserve his identity, his name and his family relationships
p.000062: ;
p.000062: - the State ensures that the child has access to information aimed at promoting his social well-being,
...

p.000074: notwithstanding the provisions of articles 13, 14 and 15 of Law n ° 2003-011 of September 03, 2003 relating to the Statute
p.000074: General of Officials as well as those of legislative and regulatory texts concerning finance and
p.000074: Public Accounting, in particular, that of Law No. 2004-006 of July 26, 2004 reorganizing and
p.000074: functioning of the Budgetary and Financial Discipline Council.
p.000074: They are moral in nature, insofar as they translate into a value judgment on the personnel who
p.000074: incur.
p.000075: 75
p.000075: They are disciplinary, when the seriousness of the facts gives rise to a disciplinary sanction.
p.000075: TITLE III
p.000075: SPECIFIC RESPONSIBILITIES
p.000075: Article 319.- These are the responsibilities which are delimited by the legislative texts and the
p.000075: current regulations. They are attached to certain well-defined functions, namely:
p.000075: - those of the authorizing officers;
p.000075: - those of managers and accountants.
p.000075: Article 320.- Nevertheless, the Directors as well as the Heads of Service, as first responsible for their
p.000075: respective constituencies, are not released from any of their responsibilities by the
p.000075: own responsibility of their subordinates. They are responsible for carrying out the orders they have given
p.000075: to their subordinates. They are responsible for reporting to their hierarchical superior on the execution of the missions in
p.000075: species and, if applicable, reasons which did not allow the execution of these missions. This, until proof of existence
p.000075: cases of force majeure or of proven or proven existence of abuse of office by subordinates.
p.000075: Article 321.- For the authorizing officers, these responsibilities are disciplinary and criminal; they can
p.000075: result in fines imposed by a Superior Financial Health Council, the creation, organization and
p.000075: functioning are fixed by Decree taken in Council of the Government, on proposal of the Minister
p.000075: Health.
p.000075: Article 322.- For managers and accountants, in addition to the sanctions referred to above, these responsibilities are
p.000075: of a financial nature and the reimbursement may result in either an accounting debt made by order of
p.000075: Minister in charge of Finance and Budget on the proposal of the Superior Financial Health Council; either by a
p.000075: imputation at the level of the balances and accessories of the person concerned by decision of the Superior Financial Council of
p.000075: Health, after prior visas from the Minister of Finance and Budget as well as Financial Control.
p.000075: Article 323.- The sanctions are pronounced by the Superior Financial Council of Health, after studies of
p.000075: disputed files, communication of the facts to the interested party (ies) and reception of his (their) defense arguments.
p.000075: The decision taken, after visa of the Minister in charge of Finance and Budget and Financial Control is
p.000075: applicable, regardless of criminal decisions. The appeal to the Courts is not suspensive of
p.000075: the application of the decision of the Superior Health Financial Council.
p.000075: This pecuniary responsibility is independent of the disciplinary and penal sanctions which may
p.000075: also be pronounced. However, priority is given to pecuniary responsibility, in the
p.000075: since it is above all a question of aiming for the full and complete financial compensation for the damage suffered by the
p.000075: Ministry of Health.
p.000075: Article 324.- These responsibilities attributable to managers and accountants also concern Directors
p.000075: and the Heads of Service of the Ministry responsible for health, assuming administrative and financial management functions.
p.000075: In all cases, these responsibilities have a joint and several character insofar as the first responsible is
p.000075: the main author while his subordinates are co-authors.
p.000075: Article 325.- The provisions of articles 321 to 324 above are applicable to
p.000075: stakeholders from the following Health Sector:
p.000075: - the Deputy Authorizing Officers or activity managers;
p.000075: - Heads of Service activity manager;
p.000075: - Activity management agents;
p.000075: - Accountants ;
p.000075: - the accounting custodians of the equipment in service;
p.000076: 76
p.000076: - the custodians of the fuel and lubricant checks;
p.000076: - the actual holders;
p.000076: - users of credits and fiduciary securities;
p.000076: - dispensers of medicines;
p.000076: - service providers, partners in medication management, without prejudice to
p.000076: provisions of concession contracts or possible letters providing for a commitment or a disengagement
p.000076: of responsibility. The provisions of this Code take precedence over those of any contract, agreement or
p.000076: service concession established between the Ministry of Health and its service provider partners
p.000076: service.
p.000076: TITLE IV
p.000076: PERSONAL RESPONSIBILITIES
p.000076: Article 326.- These responsibilities concern all the personnel without distinction of the Ministry in charge of Health,
p.000076: except for the hierarchical superiors listed in article 318 above, in case of personal fault
p.000076: serious committed in the exercise of or in connection with the exercise of their functions, inter alia for
p.000076: embezzlement convicted. Or when there is a marked intentional fault or a fault of
p.000076: technical service such as the deterioration or loss of equipment in service, consumables or
p.000076: medical products. And especially when it is proven that the fault committed is a fault detachable from the service.
p.000076: Article 327.- More particularly, in addition to the personnel belonging to the Ministry responsible for Health, the
p.000076: The abovementioned responsibilities also engage the partners providing the following services:
p.000076: - providers;
p.000076: - providers ;
p.000076: - entrepreneurs;
p.000076: - Suppliers.
p.000076: BOOK IX
p.000076: PENALTIES AND DISCIPLINARY MEASURES APPLICABLE IN THE EVENT OF AN INFRINGEMENT
p.000076: FIRST TITLE
p.000076: PENALTIES
p.000076: Article 328.- All offenses against sanitary measures enacted in Chapters I, II and III of Title one of
p.000076: First Book of this Code, are punished with the penalties provided for in article 329 and 330 below of the same Code, without
p.000076: prejudice to the criminal proceedings provided for by the Penal Code, and to the disciplinary proceedings which may result therefrom.
p.000076: Article 329.- All offenses against the measures enacted by this Code and intended for protection against
p.000076: pollution of drinking water and environmental protection as well as that intended for water monitoring
p.000076: and of all foodstuffs delivered for consumption, are punished with a prison term of one month to
p.000076: three and a half years and a fine of 150,000 Ariary to 1,500.00 Ariary or one of these two sentences only.
p.000076: In the event of recidivism, the penalties will be doubled.
p.000076: Are also prohibited, under penalty of the same penalties:
p.000076: - delivery for human consumption of water deemed not to be potable;
p.000076: - fraud, adulteration, marketing of adulterated food,
p.000076: corrupt or toxic products intended to falsify food and incitement to
p.000076: falsification as well as any attempt at the wrongdoings listed above.
p.000077: 77
p.000077: The foregoing provisions refer to the “polluter pays” principles, in Law No.
p.000077: 98-029 of 20 January 1999 relating to the Water Code and to Law No. 99-021 of 9 August 1999 on the management and
p.000077: control of industrial pollution.
p.000077: Article 330.- Any concession holder of a drinking water distribution which, through inattention, negligence, lacks
p.000077: of precaution, non-observance of sanitary regulations or prescriptions of specifications caused the
p.000077: delivery of drinking water likely to harm the health of the public or any polluter is punishable by
p.000077: fine of 18,000 Ariary to 600,000 ariary and imprisonment of one month to six months or both
...

p.000077: Article 331.- Any individual who refuses to submit to the emergency requisitions, addressed to him, by an agent qualified in
p.000077: its quality as a public authority; as stipulated by article 75 of this Code, is punished with a fine of
p.000077: 4,000,000 Ariary to 9,000,000 Ariary and imprisonment from six months to one year or one of these two sentences
p.000077: only.
p.000077: In the event of recidivism, the penalties will be doubled.
p.000077: Article 332.- The illegal exercise of the profession of doctor, acupuncturist, pharmacist or dentist-dentist
p.000077: is punished with a fine of 2,000,000 Ariary to 50,000,000 Ariary and imprisonment from one month to one year or
p.000077: one of these two sentences only.
p.000077: In the event of recidivism, the penalties will be doubled.
p.000077: It can, moreover, be ordered the confiscation of the medical material having allowed the exercise
p.000077: illegal.
p.000077: Article 333.- The illegal exercise of the profession of midwife is punished with a fine of
p.000077: 2,000,000 Ariary to 50,000,000 Ariary and imprisonment from one month to one year or both
p.000077: only.
p.000077: In the event of recidivism, the penalties will be doubled.
p.000077: In addition, it may be ordered the confiscation of the material that allowed the illegal exercise.
p.000077: In the event of death occurring during the illegal exercise of the midwifery profession, the author and his co-authors
p.000077: are punished with a criminal penalty of forced labor which may go to forced labor for life, in accordance with
p.000077: provisions of article 304 last paragraph of the Penal Code.
p.000077: Article 334.- Any member of the medical and paramedical bodies convinced of having made or having attempted to make a false
p.000077: declaration for inclusion in the Roll of the Order, is punished with a fine of 120,000 Ariary to 1,200,000 Ariary
p.000077: and imprisonment of one month to one year, or both, without prejudice to prosecution
p.000077: in accordance with the provisions of the Penal Code or this Code.
p.000077: In the event of recidivism, the penalties will be doubled.
p.000077: Article 335.- The illegal exercise of the nursing profession is punished with a fine of
p.000077: 2,000,000 Ariary to 50,000,000 Ariary and one month to three months imprisonment or one of these two sentences
p.000077: only.
p.000077: In the event of recidivism, the penalties will be doubled.
p.000077: It can, moreover, be pronounced with the confiscation of any material and accessory having allowed the illegal exercise.
p.000078: 78
p.000078: Article 336.- The illegal exercise of the profession of Sanitary Aid is punishable by penalties
p.000078: applicable to the illegal exercise of the midwifery or nursing profession.
p.000078: In the event of recidivism, the penalties will be doubled.
p.000078: In addition, the confiscation of the medical equipment that allowed the exercise may be ordered.
p.000078: illegal.
p.000078: The above provisions are applicable to any person caught in the act or convicted
p.000078: illegal exercise of the profession of traditional healer.
p.000078: Article 337.- Any pharmacist or doctor, who is accused of having sold medical samples, or denounced
p.000078: occasionally by a consumer, having regard to this offense is brought before the Council of the Order
p.000078: for violation of legal and regulatory provisions in pharmaceutical matters.
p.000078: Article 338.- Anyone who sells medical samples is punished with a fine of 20,000 Ariary to 2,000,000 Ariary and
p.000078: recidivism of a fine fixed at twice, without prejudice to criminal proceedings.
p.000078: Any pharmaceutical establishment engaged in the possession and sale of drugs without
p.000078: Marketing Authorization is subject to a fine of 2,000,000 Ariary to
p.000078: 20,000,000 Ariary, without prejudice to criminal proceedings and other administrative sanctions.
p.000078: Article 339.- Are punished by imprisonment of five to ten years and a fine of 200,000 Ariary to 2,000,000 Ariary or
p.000078: one of these two sentences only:
p.000078: - those who transgress the provisions of the texts concerning production, transport,
p.000078: the import, export, possession, offer, transfer, acquisition and use of substances or
p.000078: poisonous plants classified as narcotic or psychotropic, as well as any act related to these
p.000078: operations;
p.000078: - those who knowingly establish prescriptions for convenience of high-risk drugs;
p.000078: - those who, knowing the fictitious or complacency of a given order, have on the
p.000078: presentation to them of high-risk drugs;
p.000078: - those who, by means of a fictitious order or of convenience, were delivered or attempted to be done
p.000078: dispense high-risk drugs;
p.000078: - those who have given up or offered high-risk drugs to a person for the personal consumption of
p.000078: the latter;
p.000078: - those who transgress the legal provisions concerning production, manufacturing,
p.000078: extracting, preparing, processing, importing, exporting, offering, offering for sale,
p.000078: distribution, sale, delivery in any capacity, purchase, possession or use of drugs
p.000078: entered in Tables II and III of international conventions;
p.000078: - those who facilitate the dispensing of medicines for medical use, narcotics and
p.000078: dangerous or toxic without medical prescription.
p.000078: In the event of recidivism, the penalties will be doubled.
p.000078: The provisions of this article apply without prejudice to the other penalties provided for in the non-
p.000078: contrary to the Health Code, in particular those relating to narcotic drugs, psychotropic drugs and precursors.
p.000078: Article 340.- Anyone who knowingly engages in the illicit sale of medicines, without meeting the required conditions
p.000078: for the legal exercise of pharmacy by transgression of article 155 is
p.000079: 79
p.000079: liable to a fine of 2,000,000 Ariary to 50,000,000 Ariary and imprisonment from three months to three
p.000079: years or one of these two sentences only.
p.000079: In the event of recidivism, the penalties will be doubled.
p.000079: Is pronounced by law, the confiscation of all material and medication that allowed the illegal exercise of the function
p.000079: pharmacist.
p.000079: The provisions of this article do not apply to the authorized drug distributor
p.000079: a deposit on decree taken by the Ministry responsible for Health, except in case of violation of the provisions
p.000079: Articles 202 to 204 of this Code.
p.000079: Article 341.- Anyone who makes a false declaration with a view to their registration on the Table of the Order of Pharmacists
p.000079: is punished with a fine of 120,000 Ariary to 1,200,000 Ariary and imprisonment from six months to one year or
p.000079: only one of these two penalties, without prejudice to the sanctions provided for in the matter.
p.000079: In the event of recidivism, the penalties will be doubled.
p.000079: Article 342.- Anyone who has contravened the provisions on pharmacies is punished with a fine of 200,000
p.000079: Ariary to 2,000,000 Ariary and, in the event of a repeat offense, to a fine fixed at double, without prejudice to criminal proceedings.
p.000079: Article 343.- Any resistance, opposition or any obstacle to the exercise of the function of
p.000079: pharmacist-inspectors are punished with imprisonment of six months to three years and a fine of 20,000 Ariary to
p.000079: 500,000 Ariary or one of these two sentences only, without prejudice to disciplinary sanctions which may
p.000079: be pronounced by the Council of the Order or administrative measures of suspension or withdrawal
p.000079: authorizations likely to be taken by the Minister of Health against the author of
p.000079: the offense.
p.000079: Article 344.- All offenses relating to the advertising of medicinal products for human use, without prejudice to sanctions
p.000079: are punished with the penalties provided for in Ordinance No. 73-055 of September 11, 1973 relating to repression
p.000079: breaches of the price system and intervention in economic matters.
p.000079: Article 345.- Violations of the provisions on the ban on advertising concerning Establishments
p.000079: Care is liable to a fine of 500,000 Ariary to 1,000,000 Ariary and to imprisonment for one
p.000079: months to a year or one of these two sentences only.
p.000079: In the event of recidivism, the penalties will be doubled.
p.000079: In addition, the offending establishment may be temporarily or permanently closed.
p.000079: The same penalties are applicable in the event of transgression of the prohibitions listed in the provisions
p.000079: of article 89 of this Code.
p.000079: Article 346.- Any doctor, any midwife, any other health professional, all appearing, any
p.000079: declarant or any witness who, when writing a birth certificate, has fraudulently misrepresented it
p.000079: the substance or the circumstances, either by writing other statements other than those which
p.000079: would have been traced or dictated by the parties, either by finding false facts to be true, or as admitting
p.000079: acts which were not, are punished with the penalties provided for in articles 145, 146, 147 and 148 of the Penal Code
p.000079: of June 30, 1998 depending on the nature of the offenses committed, without prejudice to the provisions of Law No. 61-025
p.000079: of 09 October 1961 relating to acts of civil status, modified by Law n ° 90-015 of 20 July 1990 and the others
p.000079: any subsequent amending texts.
p.000080: 80
p.000080: The same penalties are applicable to any individual posing as or having attempted to pose as a
p.000080: doctor, midwife or other healthcare professional to establish a birth certificate.
p.000080: They are also applicable in the event of commission of the provisions provided for in article 267 of this Code.
p.000080: Article 347.- The illicit use of the name of medical analysis laboratories or any expression
p.000080: confusing with it, is punished by imprisonment for three months to three years and a fine of 50,000
p.000080: Ariary to 500,000 Ariary or both.
p.000080: In the event of recidivism, the penalties will be doubled.
p.000080: Article 348.- In matters of blood transfusion, the facts listed below will be subject to criminal prosecution
p.000080: :
p.000080: - trafficking in one's own blood;
p.000080: - blood sampling without the informed consent of the donor;
p.000080: - blood donation against payment;
p.000080: - the use of blood and its derivatives which have not been subject to prior analyzes;
p.000080: - modification or attempt to modify the results after blood tests;
p.000080: - the disclosure of information making it possible to identify the donor or the recipient;
p.000080: - the collection, processing and delivery of blood and its derivatives outside an approved body;
p.000080: - selling blood or blood products at a different rate from that determined by
p.000080: regulatory texts governing the subject.
p.000080: Article 349.- The offenses provided for in the preceding article are punished:
p.000080: - imprisonment of one (1) to six (6) months and a fine of 40,000 Ariary to
p.000080: 200,000 Ariary or one of these two sentences only:
p.000080: • trafficking in one's own blood;
p.000080: • blood sampling without the concretely informed donor;
p.000080: • blood donation against payment;
p.000080: - imprisonment for three (3) months to two (2) years and a fine of 100,000 Ariary to 400,000 Ariary or
p.000080: one of these two sentences only:
p.000080: • the use of blood and its derivatives which have not been subject to prior analyzes;
p.000080: • modification or attempted modification of the results after blood tests;
p.000080: • the collection, processing and delivery of blood and its derivatives outside an approved body;
p.000080: • selling blood or blood products at a different rate than the one set
p.000080: by regulatory texts governing the subject.
p.000080: TITLE II
p.000080: DISCIPLINARY SANCTIONS
p.000080: Article 350.- The disciplinary sanctions decreed by this title apply, in the event of translation before the
...

p.000081: Once its mission is complete, the Commission for Discipline of Health for Orders, thus constituted, is dissolved
p.000081: systematically. In the event of a new referral to settle another dispute, a new Commission, composed
p.000081: of the above members, is established in the same forms and under the same conditions for a new mission
p.000081: temporary.
p.000081: Article 353.- Without prejudice to the sanctions provided for by this Code, the usurpation of the title of member of the professions
p.000081: medical and paramedical or any other title allowing to exercise the art of health professionals is punished
p.000081: the penalties provided for in the provisions of the Penal Code in this area.
p.000081: BOOK X
p.000081: MISCELLANEOUS AND TRANSITIONAL PROVISIONS
p.000081: Article 354.- The minutes of infringements of the provisions of this Code are sent:
p.000082: 82
p.000082: - by doctors or pharmacists invested by this Code of inspection powers and
p.000082: participating in this capacity in the judicial police within the limits of their powers;
p.000082: - by the competent administrative authorities at regional level;
p.000082: - by officials such as market controllers or hygiene inspectors,
p.000082: municipal architects and all other agents authorized by the Ministry of Health, having regard to
p.000082: the functions they exercise or their technical competence.
p.000082: Members of the Police and Gendarmerie personnel who are qualified as officers or
p.000082: judicial police are empowered to draw up these minutes as part of their normal powers they
p.000082: are from the Code of Criminal Procedure.
p.000082: Article 355.- Given the effective existence of separate specialized training units for doctors,
p.000082: dentists and pharmacists, and unless exceptional authorization has been granted by the Minister
p.000082: in charge of Health, each member of one of the medical, pharmacist or dentist-dentist must exercise their art
p.000082: within the limits of the training he has received and the capacities conferred on him by the diplomas he holds.
p.000082: The exceptional authorization which he receives from the supervisory Ministry can only be justified by the existence or
p.000082: the temporary incapacity of a member of a body whose art can be exercised by a member of another body,
p.000082: and this, while respecting everyone's right to have access to medical care or medication.
p.000082: The procedures for applying this article are specified by regulation.
p.000082: Article 356.- On pain of nullity of the acts of finding, the authorities or agents empowered to perform them
p.000082: must be sworn.
p.000082: Article 357.- The inspecting doctors, the doctors in charge of health facilities, fixed or mobile, the doctors
p.000082: heads of health offices may be required by administrative authorities for the
p.000082: finding of breaches as an expert.
p.000082: Article 358.- As a transitional measure, changes concerning the distribution as well as the name, the
p.000082: field of activity, the territorial limits of Hospital Establishments and Care Centers,
p.000082: Reference for first and second appeals are set:
p.000082: - either by decree implementing this law establishing the Health Code;
p.000082: - either by any regulatory text fixing the attributions of the Minister in charge of Health as well as
p.000082: the general organization of his Ministry.
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p.000024: constituting the crimes of unfair competition and misappropriation of public goods resulting in the application of
p.000024: sanctions in force in this area.
p.000024: TITLE II
p.000024: SOME SPECIAL RULES
p.000024: Article 88.- The provisions of this title are applicable:
p.000024: - members of the Medical Corps;
p.000024: - members of the paramedical corps;
p.000024: - medical auxiliaries;
p.000024: - traditional healers.
p.000024: Article 89.- Any member of the medical corps, paramedical corps, medical auxiliaries and
p.000024: traditional healers must comply with the following requirements:
p.000024: 1- he is forbidden to carry out a Voluntary Termination of Pregnancy or to favor an abortion under pain
p.000024: incur the sanctions provided for in article 317 of the Penal Code, except under the conditions prescribed by law and
p.000024: the regulations in force;
p.000024: 2- more particularly, is punished with the penalties provided for by the provisions of article 160 of the Penal Code while
p.000024: member of the paramedical corps who issues a medical certificate, medical conclusions of convenience
p.000024: relating to a state of health in view:
p.000024: at. to exempt a person from a legally due public service obligation or to exempt him from a planned constraint
p.000024: by law, such as a police custody measure or a judicial inquiry;
p.000024: b. to avoid the constraints of a person sentenced to imprisonment or pre-trial detention
p.000024: stay in a penal institution by having it admitted, without duly justified reasons, to a
p.000024: hospital or health facility, outside the prison environment;
p.000024: vs. to prejudice one or the other party in a trial without there being any need to establish
p.000024: the existence of an act of corruption.
p.000024: 3- In addition to the aforementioned prohibitions concerning the exercise of the profession of doctor, paramedics,
p.000024: medical auxiliaries and traditional healers are prohibited:
p.000024: - any direct or indirect form of promotion campaign promoting awareness of medical specialties
p.000024: or the instruments and materials that we have and that are likely, by their recent and unusual character
p.000024: to attract customers;
p.000024: - any direct or indirect form of advertising aimed at encouraging customer loyalty.
p.000025: 25
p.000025: Transgression of the above-mentioned prohibitions is subject to the penalties provided for in the matter under the provisions
p.000025: of Book IX of this Code.
p.000025: Article 90.- Any member of the medical and paramedical corps, in the exercise of the profession, can be prosecuted
p.000025: homicide, assault and battery, as provided for in articles 319 and 320 of the Penal Code.
p.000025: Article 91.- In the case of infirmity or medical condition of a member of the Medical or Paramedical Corps,
p.000025: making the exercise of the profession dangerous, the Council of the Order to which it belongs can pronounce on it,
p.000025: temporary suspension for a fixed but renewable period of the right to exercise.
p.000025: The definitive suspension or the refusal of the right to exercise can be pronounced in the event of confirmation
p.000025: of a state of alienation of the health professional. However, the temporary or permanent suspension of the right
p.000025: to exercise can only be pronounced on a reasoned report drawn up by two (2) experts, one of whom is chosen by the interested party or
p.000025: his family and the other designated by the Council of the Order concerned. The report prepared by these experts is at
p.000025: send it within a maximum of two (02) months to the Council of the Order concerned, which transmits to
p.000025: Minister of Health making his decision. In the event of default by the person concerned or his family in
p.000025: the choice of the expert, the Employer Service, at the request of the Council of the Order concerned, must choose one.
p.000025: TITLE III
p.000025: OF THE NURSING PROFESSION,
p.000025: OTHER MEDICAL AND TRADIPRATICIANS
p.000025: Article 92.- Any person who has received a professional training is considered to be practicing the profession of physiotherapist masseur.
p.000025: adequate professional training and holder of a diploma recognized by the State and regulated by Decree taken
p.000025: in a Council of Government on the proposal of the Minister of Health.
p.000025: The physiotherapist masseur aims to perform acts manually or instrumental to
p.000025: rehabilitation purposes, aimed at preventing impairment of functional capacity, to compete
p.000025: to maintain them and when they are altered, to restore or replace them.
p.000025: In the exercise of his activity, the physiotherapist must take into account the
p.000025: psychological and cultural characteristics of each patient, to respect his personality and to abstain from everything
p.000025: act likely to affect the patient's bodily integrity.
p.000025: Illegally practicing the profession of physiotherapist masseur any person who, without the required diploma for this
...

p.000046: pharmaceuticals that they wholesale. However, they are authorized to tender for tenders
p.000046: emanate from public institutions of the Malagasy State, as well as from private health training
p.000046: non-profit regulated by a District Health Service, in accordance with the provisions of
p.000046: section 189 below.
p.000046: Any wholesale pharmaceutical establishment is subject to the conditions set out in Chapter I, Title III of the Book
p.000046: III of this Code.
p.000046: The import and wholesale distribution activity is reserved exclusively for wholesalers
p.000046: importers-distributors.
p.000046: Article 185.- Any wholesale pharmaceutical establishment must be placed under the responsibility
p.000046: of a Responsible Pharmacist.
p.000046: Article 186.- Any Responsible Pharmacist is personally responsible with regard to the laws and regulations in force
p.000046: in the practice of the profession of pharmacist, without prejudice, if any, to liability
p.000046: in solidarity with society. He is subject to all the obligations imposed on the pharmacist,
p.000046: particularly with regard to inspections by pharmacy inspectors.
p.000046: Article 187.- Any establishment of preparation or wholesale, either of simple drugs or products
p.000046: chemicals intended for pharmacy and put up for sale by weight
p.000047: 47
p.000047: medical, either pharmaceutical compositions or preparations, must be the property of a State-certified Pharmacist or
p.000047: that of a company in Management or General Management in which a Responsible Pharmacist participates and in this
p.000047: case, the capital of the company must belong in majority to one or more pharmacists in the proportion of 51%
p.000047: for pharmacists and 49% for anyone not a member of the profession. It can be, in all or
p.000047: party, conceded in rental management to a company under the same conditions as above. The conditions
p.000047: of rental management are determined by regulation. Managers and partners are
p.000047: responsible to third parties. There is no limit to tort liability or
p.000047: almost criminal of the Managers.
p.000047: Article 188.- If, a collective decision taken at the level of general management or management
p.000047: violates the ethical rules of the pharmacist profession and / or the Pharmaceutical Policy
p.000047: National, the Responsible Pharmacist retains the full and entire prerogative which he derives from his quality and the rules
p.000047: of ethics to which it must comply, to oppose the said decision, to suspend its implementation and to
p.000047: refer the matter to the Ministry of Health regarding the fate to be reserved for the decision in question.
p.000047: Article 189.- Importing wholesalers can sell directly to Health Facilities
p.000047: public or private non-profit regulated by the district health service of the place
p.000047: implantation, generic drugs provided that they obtain an authorization from the Minister responsible for
p.000047: Health and that they are managed by a Responsible Pharmacist or that several pharmacists are co-owners.
p.000047: Article 190.- The principles listed in articles 185 to 189 are fixed by Decrees taken in the Government Council on
p.000047: proposal from the Minister of Health.
p.000047: Article 191.- The importation of drugs or similar products not meeting the specifications
p.000047: degraded, fraudulent, outdated, falsely labeled, without Marketing Authorization or whose Authorization to
p.000047: Placing on the Market has been withdrawn or has not been renewed in other countries or in Madagascar is prohibited.
...

p.000073: Donation of human organs, tissues and cells is free. The trade in human organs is
p.000073: not allowed.
p.000073: The State legislates on the use of the germinal and genetic inheritance of the animals, the plants and others
p.000073: organizations. In doing so, it respects the integrity of living organisms and the safety of humans, animals
p.000073: and the environment and protects the genetic diversity of animal and plant species.
p.000073: It is forbidden to subject a person without his free consent to a medical experiment or
p.000073: scientist.
p.000073: Article 313.- The removal of organs or tissues for transplantation or transplants from a human being
p.000073: alive, are prohibited until the conditions of collection, preparation, storage and use
p.000073: therapeutic are met and defined by a specific law.
p.000074: 74
p.000074: Samples can be taken for therapeutic or scientific purposes from the corpse of a
p.000074: a person who, during his lifetime, had made known in writing his agreement to such an operation.
p.000074: TITLE III
p.000074: CONTROL OF THE HANDLING OF MICROBIAL PRODUCTS
p.000074: Article 314.- Any person, licensed or not, preparing or even experimenting for a disinterested purpose, viruses
p.000074: attenuated or not, therapeutic sera, toxins modified or not and various products of microbial origin not
p.000074: chemically defined, which can be used in any form for diagnosis, prophylaxis or therapy,
p.000074: is required to subscribe, for itself and for the personnel in its service, in any capacity whatsoever,
p.000074: declaration indicating the marital status, nationality, domicile of each interested party, as well as the exact nature of the
p.000074: work entrusted to him.
p.000074: Article 315.- Any change in the composition of the personnel must be the subject of a declaration of
p.000074: same nature within eight days of the entry into service of said staff after modification.
p.000074: Article 316.- A regulatory text subsequently determines, if necessary, the other information
p.000074: which may be required, under penalty of the sanctions provided below, with regard to operations
p.000074: relating to the products mentioned in the article above.
p.000074: BOOK VIII
p.000074: RESPONSIBILITIES OF STAFF AND SERVICE PROVIDERS WITHIN THE HEALTH ADMINISTRATION
p.000074: FIRST TITLE
p.000074: CLASSIFICATION OF RESPONSIBILITIES
p.000074: Article 317.- Without prejudice to the provisions of laws and regulations in matters of
p.000074: responsibility as well as the resulting sanctions, there is established within the Ministry of Health a
p.000074: system of responsibilities involving staff and service providers.
p.000074: The different categories of responsibility assumed by staff under the Ministry of Health as well
p.000074: that by its service providers can be classified into:
p.000074: - general liability;
p.000074: - special responsibility;
p.000074: - personal responsibility.
p.000074: TITLE II
p.000074: GENERAL RESPONSIBILITIES
p.000074: Article 318.- These are obligations engaging the responsibility of hierarchical superiors
p.000074: principals. These responsibilities can only be moral or disciplinary. They don't
p.000074: concern only the Minister, the Members of the Cabinet, the Secretary General and the Directors General. This,
p.000074: notwithstanding the provisions of articles 13, 14 and 15 of Law n ° 2003-011 of September 03, 2003 relating to the Statute
p.000074: General of Officials as well as those of legislative and regulatory texts concerning finance and
...

p.000075: respective constituencies, are not released from any of their responsibilities by the
p.000075: own responsibility of their subordinates. They are responsible for carrying out the orders they have given
p.000075: to their subordinates. They are responsible for reporting to their hierarchical superior on the execution of the missions in
p.000075: species and, if applicable, reasons which did not allow the execution of these missions. This, until proof of existence
p.000075: cases of force majeure or of proven or proven existence of abuse of office by subordinates.
p.000075: Article 321.- For the authorizing officers, these responsibilities are disciplinary and criminal; they can
p.000075: result in fines imposed by a Superior Financial Health Council, the creation, organization and
p.000075: functioning are fixed by Decree taken in Council of the Government, on proposal of the Minister
p.000075: Health.
p.000075: Article 322.- For managers and accountants, in addition to the sanctions referred to above, these responsibilities are
p.000075: of a financial nature and the reimbursement may result in either an accounting debt made by order of
p.000075: Minister in charge of Finance and Budget on the proposal of the Superior Financial Health Council; either by a
p.000075: imputation at the level of the balances and accessories of the person concerned by decision of the Superior Financial Council of
p.000075: Health, after prior visas from the Minister of Finance and Budget as well as Financial Control.
p.000075: Article 323.- The sanctions are pronounced by the Superior Financial Council of Health, after studies of
p.000075: disputed files, communication of the facts to the interested party (ies) and reception of his (their) defense arguments.
p.000075: The decision taken, after visa of the Minister in charge of Finance and Budget and Financial Control is
p.000075: applicable, regardless of criminal decisions. The appeal to the Courts is not suspensive of
p.000075: the application of the decision of the Superior Health Financial Council.
p.000075: This pecuniary responsibility is independent of the disciplinary and penal sanctions which may
p.000075: also be pronounced. However, priority is given to pecuniary responsibility, in the
p.000075: since it is above all a question of aiming for the full and complete financial compensation for the damage suffered by the
p.000075: Ministry of Health.
p.000075: Article 324.- These responsibilities attributable to managers and accountants also concern Directors
p.000075: and the Heads of Service of the Ministry responsible for health, assuming administrative and financial management functions.
p.000075: In all cases, these responsibilities have a joint and several character insofar as the first responsible is
p.000075: the main author while his subordinates are co-authors.
p.000075: Article 325.- The provisions of articles 321 to 324 above are applicable to
p.000075: stakeholders from the following Health Sector:
p.000075: - the Deputy Authorizing Officers or activity managers;
p.000075: - Heads of Service activity manager;
p.000075: - Activity management agents;
p.000075: - Accountants ;
p.000075: - the accounting custodians of the equipment in service;
p.000076: 76
p.000076: - the custodians of the fuel and lubricant checks;
p.000076: - the actual holders;
p.000076: - users of credits and fiduciary securities;
p.000076: - dispensers of medicines;
p.000076: - service providers, partners in medication management, without prejudice to
...

Political / stateless persons

Searching for indicator nation:

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p.000001: health.
p.000001: We can notably mention the provisions which stipulate that the "State recognizes and organizes at all
p.000001: individual the right to protection of his health from conception ", and also that" the State ensures the protection of
p.000001: family for its free development as well as that of the mother and the child by legislation and by
p.000001: appropriate social institutions ”.
p.000001: The Government is committed to achieving real and tangible development by giving priority to
p.000001: Transformational Reform Initiatives.
p.000001: Proceeding with the analysis of poverty, the Government mapped out the strategies and the various actions which
p.000001: lead to rapid economic growth, contribute to poverty reduction and enable
p.000001: countries to take advantage of the challenges of globalization, in line with the Millennium Development Goals.
p.000001: The National Health Policy strategies and projects include 8 commitments, aim
p.000001: essentially an effective reduction in poverty and a tangible improvement in the quality of life
p.000001: Malagasy.
p.000001: Concerning more particularly the Health / Population component, the Government has been constantly concerned
p.000001: to maintain the population in good health, that is to say in a complete state of physical, mental and
p.000001: social. Indeed, such a population can contribute to the development of the Nation and lead to
p.000001: long and fruitful lives. It thus constitutes the fundamental lever of development.
p.000001: We therefore understand that the Government, taking into account the latest available data on the state
p.000001: of the population and in particular of the most vulnerable social groups, defined the major
p.000001: lines of a health policy which includes in particular Health, Family Planning and the Fight against HIV / AIDS.
p.000001: The action program of the Health Sector has focused on eight (08) components which consist of:
p.000001: • ensuring the provision of quality health services to all;
p.000001: • eliminate the main communicable diseases;
p.000001: • win the fight against HIV / AIDS;
p.000001: • implement an effective family planning strategy;
p.000001: • reduce infant and child mortality;
p.000001: • reduce maternal and newborn mortality;
p.000001: • improve nutrition and food security;
p.000001: • supply the population with drinking water and generalize hygienic and sanitary practices.
p.000001: Thus, the problems of malnutrition and malaria will be solved; the trend of the spread of the
p.000001: HIV / AIDS will be reversed; drinking water will become accessible and the average size of the Malagasy family will be reduced,
p.000001: through education and the provision of health services.
...

Political / vulnerable

Searching for indicator vulnerable:

(return to top)
p.000001: family for its free development as well as that of the mother and the child by legislation and by
p.000001: appropriate social institutions ”.
p.000001: The Government is committed to achieving real and tangible development by giving priority to
p.000001: Transformational Reform Initiatives.
p.000001: Proceeding with the analysis of poverty, the Government mapped out the strategies and the various actions which
p.000001: lead to rapid economic growth, contribute to poverty reduction and enable
p.000001: countries to take advantage of the challenges of globalization, in line with the Millennium Development Goals.
p.000001: The National Health Policy strategies and projects include 8 commitments, aim
p.000001: essentially an effective reduction in poverty and a tangible improvement in the quality of life
p.000001: Malagasy.
p.000001: Concerning more particularly the Health / Population component, the Government has been constantly concerned
p.000001: to maintain the population in good health, that is to say in a complete state of physical, mental and
p.000001: social. Indeed, such a population can contribute to the development of the Nation and lead to
p.000001: long and fruitful lives. It thus constitutes the fundamental lever of development.
p.000001: We therefore understand that the Government, taking into account the latest available data on the state
p.000001: of the population and in particular of the most vulnerable social groups, defined the major
p.000001: lines of a health policy which includes in particular Health, Family Planning and the Fight against HIV / AIDS.
p.000001: The action program of the Health Sector has focused on eight (08) components which consist of:
p.000001: • ensuring the provision of quality health services to all;
p.000001: • eliminate the main communicable diseases;
p.000001: • win the fight against HIV / AIDS;
p.000001: • implement an effective family planning strategy;
p.000001: • reduce infant and child mortality;
p.000001: • reduce maternal and newborn mortality;
p.000001: • improve nutrition and food security;
p.000001: • supply the population with drinking water and generalize hygienic and sanitary practices.
p.000001: Thus, the problems of malnutrition and malaria will be solved; the trend of the spread of the
p.000001: HIV / AIDS will be reversed; drinking water will become accessible and the average size of the Malagasy family will be reduced,
p.000001: through education and the provision of health services.
p.000001: Taking into account these different statements, but above all the new socio-economic context to which the
p.000001: Government must cope, the Ministry of Health has made the decision to implement a new
p.000001: Health Code, inspired by preparatory work going back to different workshops organized in 1997 but
...

Health / Cognitive Impairment

Searching for indicator impairment:

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p.000025: making the exercise of the profession dangerous, the Council of the Order to which it belongs can pronounce on it,
p.000025: temporary suspension for a fixed but renewable period of the right to exercise.
p.000025: The definitive suspension or the refusal of the right to exercise can be pronounced in the event of confirmation
p.000025: of a state of alienation of the health professional. However, the temporary or permanent suspension of the right
p.000025: to exercise can only be pronounced on a reasoned report drawn up by two (2) experts, one of whom is chosen by the interested party or
p.000025: his family and the other designated by the Council of the Order concerned. The report prepared by these experts is at
p.000025: send it within a maximum of two (02) months to the Council of the Order concerned, which transmits to
p.000025: Minister of Health making his decision. In the event of default by the person concerned or his family in
p.000025: the choice of the expert, the Employer Service, at the request of the Council of the Order concerned, must choose one.
p.000025: TITLE III
p.000025: OF THE NURSING PROFESSION,
p.000025: OTHER MEDICAL AND TRADIPRATICIANS
p.000025: Article 92.- Any person who has received a professional training is considered to be practicing the profession of physiotherapist masseur.
p.000025: adequate professional training and holder of a diploma recognized by the State and regulated by Decree taken
p.000025: in a Council of Government on the proposal of the Minister of Health.
p.000025: The physiotherapist masseur aims to perform acts manually or instrumental to
p.000025: rehabilitation purposes, aimed at preventing impairment of functional capacity, to compete
p.000025: to maintain them and when they are altered, to restore or replace them.
p.000025: In the exercise of his activity, the physiotherapist must take into account the
p.000025: psychological and cultural characteristics of each patient, to respect his personality and to abstain from everything
p.000025: act likely to affect the patient's bodily integrity.
p.000025: Illegally practicing the profession of physiotherapist masseur any person who, without the required diploma for this
p.000025: Indeed, usually practices the acts devolved to the physiotherapist masseur and usurps the title.
p.000025: Article 93.- Any person holding a nursing profession is considered to be practicing nursing.
p.000025: diploma of nurse delivered by a School of nursing recognized by the Malagasy State. The exercise of the profession
p.000025: of a nurse without the aforementioned diploma is illegal and punishable by the penalties provided for in article 335 of the
p.000025: this Code. These same penalties are incurred in the case of illegal exercise of the nursing profession
p.000025: during the period of temporary or definitive prohibition from exercising as provided for in article 91 of
p.000025: this Code.
p.000025: Nurses with a medical assistance diploma practice the profession of nurse
p.000025: until the framework to which they belong disappears.
p.000025: The conditions and rules of practice of the nursing profession are set by decree taken in Council of
p.000025: Government on the proposal of the Minister of Health.
p.000026: 26
p.000026: Article 94.- The conditions and rules of practice of the profession of fitting technicians
...

Health / Drug Dependence

Searching for indicator dependence:

(return to top)
p.000037: The conditions for granting, suspending or withdrawing the advertising visa are defined by order of the Minister responsible
p.000037: of Health.
p.000037: CHAPTER IV
p.000037: OF NARCOTICS, PSYCHOTROPES AND PRECURSORS
p.000037: Article 138.- The Ministry in charge of Health and the medical and paramedical personnel placed under its authority, the
p.000037: Health professions within the Private Sector, pharmacists participate in the implementation of Law No. 97-039
p.000037: of 04 November 1997 on the control of narcotic drugs, psychotropic substances and precursors in Madagascar as well
p.000037: that the implementation of the National Master Plan for the Fight against Drugs and Criminal Activities
p.000037: related.
p.000038: 38
p.000038: Article 139.- Narcotic means any plant or substance of natural or synthetic origin, except
p.000038: sedative, analgesic, narcotic or euphoric action which can cause addiction, drug addiction or
p.000038: addiction.
p.000038: The narcotic drugs subject to control appear in Tables I and II of the Geneva Single Convention on Narcotic Drugs
p.000038: of 1961, as amended by the Protocol of March 1972.
p.000038: Article 140.- We consider as psychotropic substances "all the original chemical substances
p.000038: natural or artificial which have a psychological tropism, that is to say likely to modify
p.000038: mental activity without prejudging the type of this modification. " Substances are subject to control
p.000038: psychotropic drugs classified according to their dependence potential and their degree of usefulness
p.000038: therapeutic listed in Tables I, II, III and IV of the Vienna Convention on Substances
p.000038: Psychotropics of February 21, 1971.
p.000038: Article 141.- Precursors mean substances used for the manufacture of narcotic drugs or
p.000038: psychotropic substances.
p.000038: Precursors subject to control are listed in Tables I and II of the United Nations Convention against Trafficking
p.000038: illicit narcotic drugs and psychotropic substances of 1988.
p.000038: Article 142.- The definitions are extended to any modification of the tables which could be taken later
p.000038: by decision of the United Nations Commission on Narcotic Drugs.
p.000038: Article 143.- The Minister of Health is responsible for the application at national level of
p.000038: International conventions signed and ratified by the Republic of Madagascar, in the pharmaceutical sector,
p.000038: drug and establishment inspection.
p.000038: Article 144.- In application of the international conventions on the control of narcotic drugs and substances
p.000038: psychotropic drugs ratified by the Republic of Madagascar, production, manufacture, transport, import,
p.000038: the export, possession, supply, assignment, acquisition, distribution and use of the substances or
p.000038: poisonous plants classified as psychotropic or narcotic are subject to authorization
p.000038: special, renewable and limited exclusively to medical and scientific purposes.
p.000038: The conditions for granting any authorization are set by regulation.
p.000038: Article 145.- Authorized narcotics can only be dispensed on special medical prescription taken from a
p.000038: stem book.
p.000038: Authorized psychotropic drugs can only be dispensed on medical prescription.
p.000038: The conditions for prescribing and dispensing such preparations are set by regulation
...

p.000058: their families and participate in the organization of awareness campaigns on the subject. The organization and
p.000058: the functioning of these associations are fixed by order of the Minister of Health.
p.000058: In particular, measures to prevent trauma and violence must be implemented, in particular
p.000058: for road safety, the prevention of different types of violence, the prevention of drownings, burns,
p.000058: falls, poisoning / poisoning.
p.000058: Everyone who has suffered trauma and / or violence has the right to proper care since the
p.000058: location of the incident up to the level of the health facilities.
p.000058: TITLE II
p.000058: MEASURES TO COMBAT EYE DISEASES
p.000058: Article 253.- Any person with an eye disease has the right to proper care at the level of
p.000058: specialized centers, provided with consumable equipment and medicines and placed under the responsibility and under the
p.000058: specialist in ophthalmology.
p.000058: Within the framework of the regulations in force concerning both state services and centers
p.000058: or private specialists, the acquisition or recovery of good eye health manifested by a
p.000058: binocular vision intact and free from any pathology results from the combined action of various strategies such
p.000058: that prevention, early diagnosis and management of all conditions likely to affect
p.000058: to the integrity of vision.
p.000059: 59
p.000059: TITLE III
p.000059: SMOKING AND OTHER ADDICTION CONTROL MEASURES
p.000059: Article 254.- The list of products whose consumption can lead to dependence
p.000059: harmful to health and to which the provisions of this title and the control measures are applicable
p.000059: anti-smoking and other drug addiction, is set by regulatory text taken by the Minister of Health, after notice
p.000059: of the National Office of Tobacco Control (OFNALAT).
p.000059: This list can be modified or increased, under the same conditions as above, according to new
p.000059: forms of products known to be toxic, dumped on the consumer market.
p.000059: Article 255.- The main objectives of the National Office for Tobacco Control (OFNALAT) are as follows:
p.000059: 1- Implement the provisions stipulated in the Framework Convention for Tobacco Control for the purpose
p.000059: protect present and future generations from health, social, environmental and economic effects
p.000059: devastating tobacco consumption and exposure to tobacco smoke including:
p.000059: - measures to reduce the demand for tobacco;
p.000059: - measures relating to the reduction of the supply of tobacco;
p.000059: - measures to protect the environment;
p.000059: - scientific and technical cooperation and on the communication of information.
p.000059: 2- specify the guidelines for the fight against drug addiction which must include preventive actions,
p.000059: screening and diagnosis, care, rehabilitation and social reintegration;
p.000059: 3- establish and complete as they emerge the list of products whose
p.000059: consumption can lead to addictive characteristics harmful to health and to which the
p.000059: these provisions as well as the measures to combat drug addiction;
...

Health / Drug Usage

Searching for indicator drug:

(return to top)
p.000002: highlighted.
p.000002: Important novelties have been introduced in this Book 1, notably that relating to the
p.000002: environmental protection and that concerning border health control, the provisions of which have been
p.000002: strengthened.
p.000002: Book II is devoted to the medical, paramedical and traditional medicine professions. To the
p.000002: alongside the already known but specified provisions, innovations have been introduced concerning the
p.000002: profession of medical auxiliaries and recognition of the legality of the practice of traditional medicine,
p.000002: without omitting to legally limit this recognition, in order to avoid the proliferation of charlatanism in the
p.000002: profession.
p.000002: Book III relates to medicines, pharmacy and the conditions of exercise of the profession of
p.000002: pharmacy. Innovative rules concern the national pharmaceutical policy, the definition of drugs, the
p.000002: clinical trials, advertising, wholesale import establishments, managed pharmacies
p.000002: particular, the traditional pharmacopoeia and the liberalization of operations concerning the sale of medicines and
p.000002: other health goods.
p.000002: Book IV sets out in a normal order - that of the competent services - the procedures for combating
p.000002: contagious diseases. In addition, the case of other emerging and re-emerging diseases is discussed, and
p.000002: special mention concerns infectious diarrheal diseases, including cholera and
p.000002: sexually transmitted diseases.
p.000002: Book V concerns noncommunicable diseases but strengthens the provisions relating to chronic diseases and
p.000002: debilitating, eye diseases, the fight against drug addiction and mental illnesses, without forgetting health
p.000002: Oral.
p.000002: Book VI requires special attention because it contains fundamental provisions taken from the Conventions
p.000002: protection of the family and the child. In addition, it introduces innovations on
p.000002: reproductive health and school and university health. It integrates into the Code of
p.000002: National Nutrition Policy and the Expanded Program on Immunization.
p.000003: 3
p.000003: Book VII reinforces provisions already known but requiring clarification on analysis laboratories
p.000003: medical, on blood and its derivatives and on the control of the handling of microbial products. A
p.000003: particular attention has been paid to the provisions intended to govern blood transfusion.
p.000003: Book VIII fixes the classification of the responsibilities of the personnel coming under the Ministry in charge of
p.000003: Health as well as those of its service providers and the resulting claims in the event of default.
p.000003: Book IX groups together the penalties and disciplinary measures applicable in the event of an offense. Sentences and measures
p.000003: arranged in agreement with all stakeholders in the health sector, given the seriousness of the offenses committed
p.000003: that these are public health activities.
p.000003: Book X relates to various and transitional provisions. It provides for transitional arrangements
p.000003: which must be designed or maintained pending the effective establishment of future
p.000003: the Fourth Republic.
p.000003: This is the purpose of this Law.
p.000004: 4
p.000004: PRESIDENCY OF THE HIGH AUTHORITY OF THE TRANSITION
p.000004: ---------------------
...

p.000025: of a nurse without the aforementioned diploma is illegal and punishable by the penalties provided for in article 335 of the
p.000025: this Code. These same penalties are incurred in the case of illegal exercise of the nursing profession
p.000025: during the period of temporary or definitive prohibition from exercising as provided for in article 91 of
p.000025: this Code.
p.000025: Nurses with a medical assistance diploma practice the profession of nurse
p.000025: until the framework to which they belong disappears.
p.000025: The conditions and rules of practice of the nursing profession are set by decree taken in Council of
p.000025: Government on the proposal of the Minister of Health.
p.000026: 26
p.000026: Article 94.- The conditions and rules of practice of the profession of fitting technicians
p.000026: orthopedic, pedicure, optician-eyewear, are regulated by decree taken in the Council of Government
p.000026: on the proposal of the Minister of Health.
p.000026: Article 95.- The practice of Traditional Medicine is legally authorized and recognized by any natural person
p.000026: or moral, individually or in association, under the conditions determined by the provisions of
p.000026: this Code.
p.000026: Traditional healers treating patients in the context of traditional medicine
p.000026: can exercise their art in accordance with the laws and regulations in force.
p.000026: But in no case can they establish a diagnosis by using terminology or slang from allopathic medicine,
p.000026: homeopathy and osteopathy, or handle chemicals prepared or classified as "pharmaceutical" and,
p.000026: outside the traditional pharmacopoeia, prescribe any drug product or pharmaceutical specialties falling under
p.000026: the competence of pharmacists.
p.000026: Article 96.- Under the terms of this Code, the following definitions apply:
p.000026: -Traditional Medicine: the total sum of all knowledge and practices used in
p.000026: diagnosis, prevention and elimination of physical, mental and social imbalances and based exclusively
p.000026: on practical experiences and observations transmitted from generation to generation, orally or in writing,
p.000026: to prevent, cure illnesses and alleviate suffering.
p.000026: - Health practitioner: any person who practices Traditional Medicine according to the definition and
p.000026: principles previously stated. The traditional healer can be:
p.000026: • a traditional birth attendant: a term designating any person recognized as competent for
p.000026: provide women and their newborn babies with basic health care before, during and after childbirth
p.000026: concepts prevalent in the community where she lives;
p.000026: • a Traditherapist: a term designating any person recognized by the community in which they
p.000026: lives, as competent to provide health care based on the concepts of disease and disability
p.000026: prevailing in said community. These Traditherapists are designated by different names depending on the
p.000026: region. An exhaustive list and details will be provided by a Decree implementing this Law;
p.000026: • a Herbalist: a term designating any person who sells medicinal plants;
p.000026: • a Medico-druggist: a term designating any person who markets substances
p.000026: medicinal products other than plants (of animal or mineral origin).
p.000026: Article 97.- The practice of HOMEOPATHY and OSTEOPATHY, individually or in association, is legally
p.000026: authorized and recognized in Madagascar by the provisions of this Code.
...

p.000028: possessing curative or preventive properties with regard to human or animal diseases as well as all
p.000028: product which can be administered to humans or animals, to establish a medical diagnosis or restore,
p.000028: correct or modify their organic functions.
p.000028: The following are in particular considered to be medicinal products:
p.000028: - cosmetic and personal hygiene products, containing a substance having a therapeutic action on
p.000028: as defined in paragraph 1 or containing poisonous substances at doses or concentrations higher than those
p.000028: appearing in the
p.000029: 29
p.000029: list provided for by order of the Minister of Health or not appearing on the same list;
p.000029: - dietetic products which contain chemical substances in their composition, or
p.000029: organic foods which do not themselves constitute food, but whose presence can give these
p.000029: products, either special properties sought in dietetic therapy, or meal properties
p.000029: test;
p.000029: - immunobiological products used to prevent, diagnose or treat human diseases, which
p.000029: act on the immune system or which may be involved in immunobiological reactions such
p.000029: that vaccines, allergens, toxins and antitoxins, sera, immunoglobulins;
p.000029: - products presented as suppressing the urge to smoke or reducing addiction
p.000029: at the cigarette shop ;
p.000029: - oral contraceptives, injectables, implants, spermicides, the dispensation of which is authorized by
p.000029: the Madagascar Medicines Agency.
p.000029: Article 106.- Except where a new drug has already been presented and recognized as such by the Organization
p.000029: World Health (WHO), a new product is classified as a drug discovered or invented in Madagascar on
p.000029: validation by a Biomedical Institution recognized by the Malagasy State.
p.000029: This institution certifies the nature of the product, the research protocol, the active ingredient identified and its mode of
p.000029: selection, therapeutic virtue, side effects, contraindications, and the degree of risk of toxicity.
p.000029: The introduction of new contraceptive products will be subject to an Order of the Minister of Health on advice
p.000029: of a commission formed by health professionals from the public and private sectors.
p.000029: Before making available to the public, the product must be registered with the Medicines Agency
p.000029: Madagascar to the Ministry of Health.
p.000029: Article 107.- Human blood and blood derivatives are not considered as drugs but
p.000029: are subject to special provisions with regard to their collection or preparation, their use,
p.000029: their control, their condition of conservation and their dispensation. The activities relating to these products are
p.000029: subject to an inspection by pharmacist-inspectors under the authority of the Medicines Agency of
p.000029: Madagascar or by other qualified agents authorized by the Ministry responsible for Health.
p.000029: Article 108.- The pharmacopoeia is a collection of standards intended to ensure the uniformity of nature, quality,
p.000029: composition and concentration of drugs and other pharmaceuticals. She is the reference manual
p.000029: pharmacists for the manufacture and control of drugs as well as for dispensing preparations and
p.000029: masterful.
p.000029: The development of a properly Malagasy pharmacopoeia is the joint work of the Ministry responsible for
p.000029: Scientific Research as well as the Ministry of Health which jointly establish standards for
p.000029: local manufacture of medicines while using the human potential and resources for this purpose,
p.000029: natural as technical and financial that exist in Madagascar.
p.000029: As a transitional measure, the European, British pharmacopoeias, the US Pharmacopeia or any other pharmacopoeia
p.000029: recognized as useful are admitted by decree.
p.000030: 30
p.000030: Article 109.- The traditional Malagasy pharmacopoeia brings together information on plants and other products
p.000030: natural can be used in human therapy and codifies the preparation and use of drugs
p.000030: galenics that come from it.
p.000030: The Malagasy Traditional Pharmacopoeia Commission, whose organization and operation
p.000030: are fixed by decree taken in the Government Council, is placed under the authority of the Ministry of Health.
p.000030: Article 110.- By:
p.000030: -generic drug, any drug prepared in advance, marketed under an international non-proprietary name,
p.000030: whose active ingredient (s) are no longer or are not protected by a patent. Its composition and its dosage form
p.000030: are identical to those of the innovative specialty, its concentration of active ingredients is identical to those of the
p.000030: innovative specialty, its concentration in active ingredients is identical and its therapeutic margin as wide; her
p.000030: bioequivalence with a reference product has been demonstrated. Any generic characterized by a name
p.000030: special is called
p.000030: “Brand generic”;
p.000030: -essential drug, any drug that meets the needs of the majority of the population in terms of care
p.000030: health;
p.000030: - magistral preparation, any medication prepared immediately in a pharmacy or a health facility
p.000030: in execution of a prescription intended for a specific patient;
p.000030: - hospital preparation, any medication prepared on medical prescription and according to the indications of the
p.000030: pharmacopoeia due to the lack of pharmaceutical specialty available or adapted in the
p.000030: pharmacy for internal use of a health establishment and intended to be dispensed to one or more patients in
p.000030: said establishment;
p.000030: -pharmacy preparation, any drug prepared in pharmacies according to the indications of the pharmacopoeia or a
p.000030: form recognized by the Malagasy State and intended to be dispensed directly to patients supplied by
p.000030: this pharmacy;
p.000030: -divided pharmacy product, any stable substance or preparation described in the pharmacopoeia, prepared
p.000030: in advance by a pharmaceutical establishment and divided either by it or by the community pharmacy which
p.000030: sells, either through a pharmacy for internal use;
p.000030: -pharmaceutical specialty, any drug prepared in advance, presented in a special packaging,
p.000030: characterized by a special name and placed on the market under that name;
p.000030: -homeopathic medicine, any medicine obtained from products, substances or composition called strains
p.000030: homeopathic, according to a homeopathic manufacturing process described by any recognized pharmacopoeia
p.000030: Madagascar. A homeopathic medicine can also contain several active ingredients;
p.000030: - secret remedy, any preparation whose formula does not appear on the drug itself, nor in a
p.000030: pharmacopoeia, neither in a form, nor on the pharmacy prescription. The sale of secret remedy is
p.000030: prohibited;
p.000030: - medical consumables, any product, material and others used to perform medical acts.
p.000031: 31
p.000031: Section 2
p.000031: Official medication lists
p.000031: Article 111.- In the interest of public health and in application of the Policy
p.000031: National Pharmaceutical, the various lists of drugs authorized to be dispensed to the public will be established and
p.000031: modified by the Minister of Health, on the advice of a committee formed by health professionals from
p.000031: public and private sector.
p.000031: The composition of this commission will be defined by decree taken in the Council of Government on the proposal of the Minister
p.000031: responsible for health.
p.000031: The Minister of Health decides:
p.000031: - the national list of essential medicines;
p.000031: - the list of alternative generics;
p.000031: - the list of narcotic drugs, psychotropic substances and precursors subject to international control;
p.000031: - the list of prohibited, poisonous, toxic and other substances;
p.000031: - the list of drugs for which deconditioning and reconditioning are authorized;
p.000031: - the list of drugs authorized to be prescribed by each category of prescriber;
p.000031: - the list of drugs authorized to be dispensed to the public by the various structures of
p.000031: dispensation;
p.000031: - the list of dyes, adjuvants and preservatives necessary for the manufacture of
p.000031: medication;
p.000031: - the list of medicinal plants authorized to be used in human medicine;
p.000031: - the list of medicinal plants prohibited for human medicine;
p.000031: - the list of medical consumables prohibited for human medicine;
p.000031: - the list of medical consumables subject to Marketing Authorization (AMM);
p.000031: - the list of drugs authorized for advertising.
p.000031: Article 112.- The national formulary of medicines or compendium is the synthetic collection of
p.000031: scientific and technical information relating to the pharmaceutical specialties and generic medicines appearing
p.000031: on the list of essential medicines registered in Madagascar and classified by international nonproprietary name.
p.000031: Section 3
p.000031: Herbal and other traditional medicines
p.000031: Article 113.- By:
p.000031: - herbal medicinal product, any medicinal product containing as active ingredient exclusively products
p.000031: plants or substances derived from plants or preparations of plants;
p.000031: - herbal preparation, powdered plants, juices, extracts, tinctures,
p.000031: fatty oils, and any preparation which involves the use of concentration, fractionation processes
p.000031: or purification and used as a medicine;
p.000031: - "traditional" remedy, any vegetable, animal or mineral substance presented as promoting prevention
p.000031: or the treatment of human diseases and traditionally used on socio-cultural foundations and / or
p.000031: religious. It is not intended for parenteral injection. It is reserved and controlled use.
p.000031: Article 114.- A “traditional remedy improved” is any traditional remedy having undergone the
p.000031: modifications to increase acceptability. All non-original substances
p.000032: 32
p.000032: added, such as excipients, or any practice helping to improve the drug
p.000032: traditional must be indicated.
p.000032: Herbal medicines, herbal preparations and traditional remedies
p.000032: are subject to the provisions of this Code governing the manufacture, trade,
p.000032: distribution, sale to the public, advertising and promotion of drugs.
p.000032: Improved traditional remedies must meet national ethical standards, technical standards of
p.000032: Malagasy pharmacopoeia or other pharmacopoeia recognized by the Malagasy state.
p.000032: The provisions governing the preparation, registration, distribution and sale to the public of remedies
p.000032: medicines, as well as other products used in traditional medicine, will be specified by
p.000032: regulatory route.
p.000032: CHAPTER III
p.000032: OF THE GENERAL REGULATIONS CONCERNING MEDICINES
p.000032: Section 1
p.000032: Registration
p.000032: Article 115.- Any drug for human use or any similar product, manufactured locally or imported, is subject,
p.000032: before marketing or dispensing it, even free of charge, to a Marketing Authorization
p.000032: (AMM) issued by the Madagascar Medicines Agency, after examination of a file and decision of a
p.000032: National Commission for the Registration of Medicines.
p.000032: However, a Temporary Sale Authorization or ATV may be issued by the Minister of Health for
p.000032: Medicines essential to Public Health but whose frequency of prescriptions does not justify a
p.000032: request for marketing authorization. The criteria for obtaining this derogatory measure are set by order of the Minister responsible for
p.000032: health.
p.000032: The Marketing Authorization is issued for a medicine, whose name, composition,
p.000032: dosage form, method of administration, dosage, therapeutic indications,
p.000032: packaging, shelf life, labeling, delivery method and wholesale price excluding tax are
p.000032: defined, and for which a registration number is assigned.
p.000032: Any modification of any of these characteristics, with the exception of the price, must be subject to a new
p.000032: authorization.
p.000032: The Marketing Authorization is only issued to a drug whose effectiveness, interest
p.000032: therapeutic, safety under normal conditions of use and intrinsic quality are documented and proven
p.000032: or known.
p.000032: Any modification of the excipients, the manufacturing process or the place of manufacture must be reported to the agency of
p.000032: medicine from Madagascar.
p.000032: The sale of medical consumables, the list of which is fixed by order of the Minister of Health, is subject to
p.000032: the granting of a Marketing Authorization issued by the Madagascar Medicines Agency. The procedures
p.000032: registration will be specified by order of the Minister of Health. The Wager Authorization Request
p.000032: on the Market must be addressed to the Director of the Madagascar Medicines Agency, accompanied by
p.000032: payment of a fixed fee, the amount of which is determined by joint order of the Minister of Health and
p.000032: Minister of Finance and Budget.
p.000032: The terms and elements of the file to be submitted are specified in texts
p.000032: regulations.
p.000033: 33
p.000033: Article 116.- The decision granting or refusing the granting of a Marketing Authorization is taken in the
p.000033: maximum period of four (04) months from the filing of the request, by the Agency Director of
p.000033: Medicines of Madagascar, after opinion of the National Commission of Registration of Medicines whose
p.000033: composition and functioning are fixed by decision of the Minister of Health.
p.000033: The Director of the Madagascar Medicines Agency has the possibility of calling on independent experts
p.000033: chosen according to the products presented to the National Commission for the Registration of Medicines.
p.000033: The refusal of Marketing Authorization must be the subject of a reasoned decision.
p.000033: As necessary, the conditions for granting or withdrawing Marketing Authorization from
p.000033: drugs or other similar products will be the subject of regulatory texts.
p.000033: The Marketing Authorization is issued for a period of five years renewable by five-year period to
p.000033: the request of the authorization holder, three (3) months before the expiry date of the previous one
p.000033: authorization, if applicable.
p.000033: Article 117.- The holder of the Marketing Authorization is required to comply with the labeling,
p.000033: packaging and wording of the information notice issued by the Madagascar Medicines Agency.
p.000033: No Marketing Authorization will be given to a drug whose consumption or
p.000033: sale has been banned and has been withdrawn from the foreign market.
p.000033: The Madagascar Medicines Agency publishes the list of medicines authorized to be marketed on the
p.000033: territory of Madagascar, as well as the list of drugs withdrawn from the market. It also keeps up to date and
p.000033: publishes list of pharmaceutical and other drug dispensing establishments
p.000033: authorized to practice.
p.000033: Article 118.- Medicinal preparations,
p.000033: magistral preparations and preparations intended for the conduct of therapeutic trials.
p.000033: Article 119.- The Director of the Madagascar Medicines Agency may, by reasoned decision, after notice
p.000033: of the National Medicines Registration Commission, suspend or withdraw the Marketing Authorization
p.000033: of a drug which has been shown to be harmful under normal conditions of use or whose therapeutic effect is lacking
p.000033: or whose qualitative or quantitative composition does not correspond to that which has been declared.
p.000033: It is the same when the information provided during the request
p.000033: are incorrect, that the conditions provided for by the regulations are not met, or that
p.000033: changes affecting the quality of a drug or compliance with the required specifications have been noted
p.000033: during an inspection.
p.000033: In the cases provided above, the holder of the Marketing Authorization is required to have it canceled.
p.000033: registration, and community pharmacists, wholesalers, manufacturers must take
p.000033: all the provisions useful for the immediate cessation of the delivery to the public of said drugs. If these
p.000033: provisions do not intervene within the time limits compatible with the protection of the health of the population, the Agency
p.000033: Medicines of Madagascar takes all appropriate measures.
p.000033: Article 120.- Any medicine dispensed in Madagascar and withdrawn from the market of a country for reasons of public health
p.000033: may be the subject of a reasoned withdrawal and notified by decision of the Madagascar Medicines Agency.
p.000034: 34
p.000034: Article 121.- The importation of medicines as part of international emergency aid is authorized on a
p.000034: exceptional in the territory of Madagascar, provided that these drugs are accompanied by an Authorization
p.000034: of valid Marketing in the country of provenance or in Madagascar, or a certificate
p.000034: established within the framework of the quality certification system of the World Health Organization,
p.000034: import authorization issued by the Madagascar Medicines Agency.
p.000034: A decree issued by the Government Council on the proposal of the Minister of Health, the provisions of which must
p.000034: comply with International Conventions, sets the regulations for drug donations.
p.000034: Section 2
p.000034: Clinical trials
p.000034: Article 122.- Clinical trial of a drug means any research or any experimentation
p.000034: carried out for the purpose:
p.000034: 1. Obtain a Marketing Authorization;
p.000034: 2. expand the therapeutic indications for an already authorized drug;
p.000034: 3. demonstrate its bio-availability.
p.000034: Any clinical trial must be conducted in strict compliance with a study protocol, the objectives and
p.000034: methodology are clearly defined and which has been reviewed and approved by a Committee established for this purpose by
p.000034: Order of the Minister of Health: the Ethics Committee to the Ministry of Health on research
p.000034: biomedical involving humans.
p.000034: The composition, the nomination of the members, the attributions and the functioning of this Ethics Committee
p.000034: with the Minister of Health will be fixed by order of the Minister of Health.
p.000034: Any clinical trial must be subject to prior authorization by the Minister of Health after the Committee has given its opinion.
p.000034: Ethics.
p.000034: Clinical trials in the National Territory must be carried out according to the principles and guidelines
p.000034: good clinical practices of the World Health Organization, in accordance with the principles
p.000034: contained in the Declaration of Helsinki and the Guide for the use of members of the Ethics Committee to the
p.000034: Ministry of Health.
p.000034: Any unauthorized clinical trial, or one that has not strictly followed the study protocol approved by the Committee
p.000034: of ethics with the Ministry of Health, in accordance with the principles contained in the declaration
p.000034: of Helsinki and the Guide for use by members of the Ethics Committee with the Ministry responsible for
p.000034: Health, is classified as a dangerous experiment with obvious risk and engages the civil and criminal responsibility of
p.000034: his author.
p.000034: Section 3
p.000034: Pharmacovigilance
p.000034: Article 123.- “Pharmacovigilance” means the science and activities relating to detection,
p.000034: assessment, understanding and prevention of adverse effects or any other related problem
p.000034: to medicines or health products placed on the market, whether for a fee or free of charge, whether this risk is
p.000034: potential or proven. It also includes all centralization, control operations
p.000034: and dissemination of information on adverse drug reactions.
p.000034: Article 124.- The granting of a Marketing Authorization for a drug subjects the holder to the obligation
p.000034: to inform the Madagascar Medicines Agency of any "unexpected side effect" brought to its attention. This
p.000034: obligation applies to prescribers, dispensers and beneficiaries.
p.000035: 35
p.000035: The manufacturer of a licensed product or the importer must inform the Madagascar Medicines Agency of any
p.000035: withdrawal or suspension of the product in the country of origin, as soon as it becomes aware of it.
p.000035: Section 4
p.000035: Prescription
p.000035: Article 125.- The following are authorized to prescribe:
p.000035: - the doctors ;
p.000035: - hospital interns and externs;
p.000035: - internal medical interns under the authority of the doctor responsible for the service;
p.000035: - dental surgeons within the limits of a list determined by order of the Minister responsible for
p.000035: Health;
p.000035: - in the absence of a doctor, the paramedics within the limits of the lists of drugs
p.000035: authorized for each level of health facility.
p.000035: Any prescription must include the name, university title, specialty and address of the
p.000035: prescriber, the registration number for the Order in the event that the Order is established, name, age, weight and
p.000035: the address of the patient for whom the drug is prescribed, the name or international nonproprietary name of the
p.000035: prescribed drug or formula, the dosage and duration of treatment,
p.000035: date, stamp and signature of the prescriber.
p.000035: Except in cases provided for by the regulations in force, all prescribers of drugs are prohibited and
p.000035: other pharmaceuticals to receive in any form, directly or indirectly,
p.000035: interest or rebates proportional or not to the number of units sold.
p.000035: Section 5
p.000035: Preparation
p.000035: Article 126.- Only authorized to prepare medicines and other pharmaceutical products
p.000035: :
p.000035: - community pharmacists;
p.000035: - pharmacy assistants under the supervision of a pharmacist;
p.000035: - pharmacists from different public or private hospitals;
p.000035: - in public health facilities, paramedics within the limits of lists of pharmaceutical products
p.000035: allowed.
p.000035: Section 6
p.000035: From the dispensation
p.000035: Article 127.- By dispensation is meant the delivery to the public or to patients of medicines and other
p.000035: health goods, supplemented by information and advice necessary for their proper use.
p.000035: Any delivery for a fee or free of pharmaceutical products outside establishments
p.000035: pharmaceutical and sanitary is prohibited. Expired drugs and products must be removed from the
p.000035: consumption. Any pharmacist who is accused of having sold expired products, in relation to this offense
p.000035: will be brought before the Council of the Order for violation of legal and regulatory provisions in matters
p.000035: pharmaceutical. The sanctions provided for in the provisions of the legislative and regulatory texts in force, in
p.000035: food fraud and breaches of trust with consumers also apply to it.
p.000036: 36
p.000036: Article 128.- The conditions of storage and conservation of medicines indicated by the manufacturer must be
p.000036: respected.
p.000036: Medicines authorized to be placed on the market, except those whose deconditioning is
p.000036: authorized and who are registered on the list mentioned in article 111 must be, delivered in their packaging
p.000036: original, for which they obtained Marketing Authorization.
p.000036: Pharmacists can only modify a prescription with the express agreement of its author. However, the pharmacist
p.000036: is authorized to advise the substitution of a drug by its generic equivalent of lower cost, listed on the
p.000036: list established by the Minister of Health.
p.000036: Section 7
p.000036: Pricing
p.000036: Article 129.- Pharmacist Inspectors reporting to the Madagascar Medicines Agency are
p.000036: responsible for controlling and enforcing the tariff regulations in force in all
p.000036: public and private pharmaceutical establishments as well as in drug stores.
p.000036: Section 8
p.000036: Promotion and advertising
p.000036: A. Promotion
p.000036: Article 130.- Promotion means any action undertaken by laboratories and distributors
p.000036: with prescribers and other health personnel duly authorized to practice, with a view to publicizing
p.000036: their products.
p.000036: No promotion can be made for a medicine before the Marketing Authorization has been
p.000036: granted by the Madagascar Medicines Agency for the said medicine.
p.000036: The information given in the context of conferences and
p.000036: scientific publications.
p.000036: Article 131.- Pharmaceutical establishments may employ delegates or medical visitors for the
p.000036: promotion of their products. They are required to register them with the Madagascar Medicines Agency.
p.000036: Regulatory provisions specify, with regard to delegates or medical visitors:
p.000036: - the minimum qualification level required;
p.000036: - the administrative conditions to be respected;
p.000036: - the responsibilities of the employer.
p.000036: Article 132.- The presentation of the pharmaceutical product to prescribers and other health professionals
p.000036: must be done objectively, in the interest of public health and comply with the indications for use
p.000036: and issuance approved under the Marketing Authorization.
p.000036: All the information contained in the documentation given to healthcare professionals must
p.000036: be accurate, current, verifiable and sufficiently complete to allow the recipient to make an
p.000036: personal idea of ​​the therapeutic value of the drug and its use. They are subject to delivery
p.000036: an advertising visa by the Madagascar Medicines Agency.
p.000037: 37
p.000037: Article 133.- The medical samples must be identical to the smallest packaging sold and
p.000037: include the words "Free medical sample". It is prohibited to sell medical samples.
p.000037: The medical samples of the drugs included in lists I and II of poisonous substances do not
p.000037: may only be given to health personnel authorized to prescribe them, upon written, dated request
p.000037: and signed by the applicant. Under no circumstances may narcotic drugs be dispensed as samples
p.000037: medical.
p.000037: The direct distribution to the public of medical samples for promotional purposes is prohibited.
p.000037: Article 134.- In the context of promotion to persons empowered to prescribe or dispense medicines,
p.000037: it is prohibited to grant, offer or promise direct or indirect material benefits, in kind or in
p.000037: species.
p.000037: B. Advertising
p.000037: Article 135.- Advertising for medicinal products for human use means any form of information,
p.000037: prospecting or incentive other than that concerning promotion, which aims to encourage
p.000037: prescription, dispensing, sale or consumption of drugs by the public.
p.000037: Article 136.- The application of the regulations and the monitoring of advertising are ensured by the Commission
p.000037: National Control of Pharmaceutical Advertising.
p.000037: Article 137.- Advertising must not be misleading or prejudice the protection of public health. She
p.000037: must present the medication or product in an objective manner and encourage its proper use.
p.000037: Advertising to the public for a drug is only allowed if the drug has
p.000037: obtained Marketing Authorization and that it is not subject to medical prescription.
p.000037: Advertising to the public for a drug is necessary accompanied by a message of caution and reference to the
p.000037: consult a doctor if symptoms persist.
p.000037: Advertising to the public for a specific drug as well as advertising campaigns to
p.000037: of the public for vaccinations are subject to a prior authorization of limited duration, called visa de
p.000037: advertisement issued by the Madagascar Medicines Agency. It is accompanied by a fixed fee, the amount of which is
p.000037: determined by joint order of the Minister of Health and the Minister of Finance and Budget.
p.000037: This visa is issued for a period which cannot exceed the duration of the Marketing Authorization.
p.000037: The conditions for granting, suspending or withdrawing the advertising visa are defined by order of the Minister responsible
p.000037: of Health.
p.000037: CHAPTER IV
p.000037: OF NARCOTICS, PSYCHOTROPES AND PRECURSORS
p.000037: Article 138.- The Ministry in charge of Health and the medical and paramedical personnel placed under its authority, the
p.000037: Health professions within the Private Sector, pharmacists participate in the implementation of Law No. 97-039
p.000037: of 04 November 1997 on the control of narcotic drugs, psychotropic substances and precursors in Madagascar as well
p.000037: that the implementation of the National Master Plan for the Fight against Drugs and Criminal Activities
p.000037: related.
p.000038: 38
p.000038: Article 139.- Narcotic means any plant or substance of natural or synthetic origin, except
p.000038: sedative, analgesic, narcotic or euphoric action which can cause addiction, drug addiction or
p.000038: addiction.
p.000038: The narcotic drugs subject to control appear in Tables I and II of the Geneva Single Convention on Narcotic Drugs
p.000038: of 1961, as amended by the Protocol of March 1972.
p.000038: Article 140.- We consider as psychotropic substances "all the original chemical substances
p.000038: natural or artificial which have a psychological tropism, that is to say likely to modify
p.000038: mental activity without prejudging the type of this modification. " Substances are subject to control
p.000038: psychotropic drugs classified according to their dependence potential and their degree of usefulness
p.000038: therapeutic listed in Tables I, II, III and IV of the Vienna Convention on Substances
p.000038: Psychotropics of February 21, 1971.
p.000038: Article 141.- Precursors mean substances used for the manufacture of narcotic drugs or
p.000038: psychotropic substances.
p.000038: Precursors subject to control are listed in Tables I and II of the United Nations Convention against Trafficking
p.000038: illicit narcotic drugs and psychotropic substances of 1988.
p.000038: Article 142.- The definitions are extended to any modification of the tables which could be taken later
p.000038: by decision of the United Nations Commission on Narcotic Drugs.
p.000038: Article 143.- The Minister of Health is responsible for the application at national level of
p.000038: International conventions signed and ratified by the Republic of Madagascar, in the pharmaceutical sector,
p.000038: drug and establishment inspection.
p.000038: Article 144.- In application of the international conventions on the control of narcotic drugs and substances
p.000038: psychotropic drugs ratified by the Republic of Madagascar, production, manufacture, transport, import,
p.000038: the export, possession, supply, assignment, acquisition, distribution and use of the substances or
p.000038: poisonous plants classified as psychotropic or narcotic are subject to authorization
p.000038: special, renewable and limited exclusively to medical and scientific purposes.
p.000038: The conditions for granting any authorization are set by regulation.
p.000038: Article 145.- Authorized narcotics can only be dispensed on special medical prescription taken from a
p.000038: stem book.
p.000038: Authorized psychotropic drugs can only be dispensed on medical prescription.
p.000038: The conditions for prescribing and dispensing such preparations are set by regulation
p.000038: after advice from the National Councils of the Order of Physicians and of the Order of Pharmacists.
p.000038: CHAPTER V
p.000038: PARAPHARAMACIA AND OTHER HEALTH GOODS
p.000038: Section 1
p.000038: Cosmetic and personal hygiene products
p.000038: Article 146.- Cosmetic and personal hygiene products mean all substances or
p.000038: preparations, other than medicaments, intended to be brought into contact with the various surface parts of the
p.000038: human body, teeth or mucous membranes, with a view to cleaning them, protecting them, keeping them in good condition,
p.000038: modify the appearance, perfume them or correct their odor.
p.000039: 39
p.000039: Any cosmetic and personal hygiene product without a well-defined therapeutic aim must not include in
p.000039: its denomination of terms such as: HEALTH; MEDI; MEDICAL or PHARMA… which could induce
p.000039: public error.
p.000039: Article 147.- The sale of cosmetic and personal hygiene products is not exclusively
...

p.000041: this Code.
p.000041: Article 161.- Any pharmacist is authorized to have his dispensary helped by one or more qualified persons
p.000041: whose training is entirely the responsibility of the licensed pharmacist.
p.000042: 42
p.000042: They assume their tasks under the responsibility and the effective control of a pharmacist, their criminal responsibility
p.000042: remaining committed.
p.000042: Article 162.- No pharmacist may be assisted by a doctor in his dispensary, at any
p.000042: title whatever.
p.000042: Article 163.- Any agreement under which a pharmacist assures a medical practitioner is prohibited,
p.000042: to a dentist or midwife, a profit of any kind on the sale of products
p.000042: pharmaceutical, medicinal or hygienic that they may prescribe.
p.000042: The creation of companies or associations is prohibited, the purpose or activity of which is to research,
p.000042: encourage, facilitate, distribute or collect, for themselves or on behalf of third parties, interest
p.000042: or discounts in connection with the prescription or dispensing of medicines and pharmacy items.
p.000042: Pharmacists or their agents are prohibited from soliciting orders from the public. Any order delivered
p.000042: outside the pharmacy can only be delivered in a sealed package with the name and address of the customer. He is in
p.000042: in addition, pharmacists are prohibited from placing orders outside approved wholesalers.
p.000042: CHAPTER III
p.000042: OF THE ILLEGAL PRACTICE OF THE PHARMACIST'S DUTIES
p.000042: Article 164.- Illegally exercises the functions of pharmacist:
p.000042: - any person who sells and dispenses a drug to the public, or who prepares a drug without being a holder
p.000042: the diploma of pharmacist recognized by the Malagasy State and by the Order of Pharmacists, except
p.000042: derogations expressly specified by this Code;
p.000042: - any person who is not a pharmacist or any company which does not belong to pharmacists and who
p.000042: engages in the import or wholesale distribution of drugs, except as provided for in
p.000042: provisions of this Code;
p.000042: - any person or company which operates a pharmacy without being the holder of a decree issued by the
p.000042: Ministry of Health in accordance with the provisions of this Code;
p.000042: - any person or any company which, not provided with an authorization issued by the Minister of Health,
p.000042: makes medicines.
p.000042: TITLE III
p.000042: PHARMACEUTICAL ESTABLISHMENTS
p.000042: FIRST CHAPTER
p.000042: COMMON PROVISIONS
p.000042: Article 165.- The opening and operation of any manufacturing or import establishment intended for
p.000042: the wholesale, dispensing of medicines and similar products, are subject to a
p.000042: authorization issued by the Minister of Health after consulting the Order of Pharmacists.
p.000042: The authorization is issued in the name of the owner of the pharmaceutical establishment if it is a person
p.000042: physical or on behalf of the owner company. It is non-transferable.
p.000042: The combination of pharmaceutical activities: manufacturing, import-wholesale, export, dispensation of
p.000042: drugs and similar products is prohibited, except derogations granted by order of the Minister responsible
p.000042: of Health, after consulting the Council of the National Order of Pharmacists.
p.000043: 43
p.000043: In the event of a dispute, the provisions of the Health Code and the Code of Ethics take precedence over those of the Commercial Code.
...

p.000048: National Pharmaceutical, the Minister of Health confers on a
p.000049: 49
p.000049: Public Establishment of an administrative nature endowed with legal personality and financial autonomy
p.000049: under the name "Madagascar Medicines Agency", an implementation and quality control mission
p.000049: medicines in Madagascar, to guarantee independence, scientific competence and efficiency
p.000049: administrative of studies and controls relating to manufacturing, tests, properties
p.000049: therapy and the use of medicines, with a view to ensuring the health and safety of
p.000049: population and to contribute to the development of industrial activities and pharmaceutical research.
p.000049: Article 198.- The Madagascar Medicines Agency is responsible in particular for:
p.000049: 1 ° - the registration of medicines for human use and other pharmaceutical products with a view to granting them a
p.000049: Marketing Authorization in Madagascar;
p.000049: 2 ° - the inspection of pharmaceutical establishments throughout the National Territory; 3 ° - to participate in
p.000049: the application of related laws and regulations:
p.000049: - clinical trials, manufacturing, import, marketing of drugs and others
p.000049: pharmaceutical products ;
p.000049: - narcotic, psychotropic and other poisonous substances used in medicine, as well
p.000049: than laboratory reagents;
p.000049: 4 ° - to collect and evaluate information on unexpected or toxic effects of drugs
p.000049: as well as on the abusive uses of psychoactive substances and to take any useful measure in the matter to
p.000049: preserve public health;
p.000049: 5 ° - to propose any measure contributing to the development of research and industrial activities in the
p.000049: drug sector, and thus promote complementarity between the public sectors and
p.000049: private;
p.000049: 6 ° - to coordinate and carry out the quality control of drugs through the national laboratory
p.000049: quality control;
p.000049: 7 ° - to participate at the request of the Minister of Health, in the development or modification of
p.000049: legislative or regulatory texts governing its activities;
p.000049: 8 ° - to propose to the Minister in charge of Health any measure concerning the fields falling within his
p.000049: skill.
p.000049: The administrative and financial organization of the Madagascar Medicines Agency is fixed by decree
p.000049: taken in council of Government on proposal, of the Minister in charge of Health.
p.000049: Section 2
p.000049: Inspection
p.000049: Article 199.- The functions of control and inspection of pharmaceutical establishments at national level, devolved
p.000049: by this Code to the Medicines Agency of Madagascar are exercised by pharmacist-inspectors having
p.000049: mandatory state pharmacist diploma and having trained in inspection techniques.
p.000049: Pharmacist-inspectors are responsible for:
p.000049: 1 ° - to control in pharmaceutical establishments and with a few hands that they are the execution of all
p.000049: the prescriptions of laws and regulations that relate to the practice of pharmacy. As such, they are
p.000049: invested with the function of judicial police, in accordance with article 128 of the Code of Criminal Procedure and are
p.000049: empowered to identify offenses throughout the National Territory, to gather evidence, to identify
p.000049: perpetrators and proceed to seizures. They are bound by professional secrecy. They must be
p.000049: sworn before being admitted to exercise their functions;
p.000049: 2 ° - to respond to any request for technical expertise or inquiry made by the Minister of Health or by
p.000049: the President of the National Council of the Order of Pharmacists or at the request of a judicial body.
p.000050: 50
p.000050: The Madagascar Medicines Agency may use the intervention of agents empowered by a special law to
p.000050: find and prosecute offenses relating to the application of the law and
p.000050: regulations relating to the marketing of medicines. These agents report to the Ministry responsible for
p.000050: Trade and participate in the judicial police in accordance with article 128 of the Code of Criminal Procedure.
p.000050: Article 200.- Expenses of any kind resulting from the operation of the establishment inspection
p.000050: pharmaceuticals are the responsibility of the Medicines Agency of Madagascar.
p.000050: The quality of pharmacist-inspectors, their mission, the functioning and the organization of their service are defined
p.000050: by order of the Minister of Health.
p.000050: CHAPTER II
p.000050: NATIONAL LABORATORY FOR QUALITY CONTROL OF MEDICINES
p.000050: Article 201.- The National Laboratory for Quality Control of Medicines, attached to the Agence du
p.000050: Medication of Madagascar is responsible for the quality control of drugs for human use and all
p.000050: pharmaceutical products approved and supplied on the market or dispensed in Madagascar and their conformity with
p.000050: the specifications presented during the marketing request or the import authorization.
p.000050: The Medicines Agency of Madagascar may, if necessary, use the services of other laboratories
p.000050: approved with which it concludes agreements.
p.000050: The operating procedures of the National Drug Quality Control Laboratory are
p.000050: determined by Order of the Minister of Health.
p.000050: TITLE V
p.000050: MISCELLANEOUS PROVISIONS RELATING TO MEDICINE DEPOSITS, SPECIFICALLY MANAGED PHARMACIES AND PLANTS
p.000050: MEDICINALES
p.000050: FIRST CHAPTER
p.000050: DRUG DEPOSITS
p.000050: General rules
p.000050: Article 202.- The drug depot is a center for the sale and distribution to the public of pharmaceutical products
p.000050: essential, essential, whose operating license is issued on a palliative basis by the
p.000050: Minister of Health, to non pharmacists, in localities where there is no pharmacist with a pharmacy
p.000050: open to the public.
p.000050: The drugs authorized to be dispensed by these depots are entered on a list established by the Ministry responsible
p.000050: of Health and the depositaries must fulfill the conditions laid down by decree of the Ministry responsible for
p.000050: health. More particularly, they must be of Malagasy nationality, without prejudice to the provisions
p.000050: contained in international agreements or taken in execution of these agreements.
p.000050: The deposit of medicines is subject to the rules of good dispensation.
p.000050: The regular opening of a pharmacy dispensary prohibits any subsequent authorization to open
p.000050: of medication depot located within a radius of ten kilometers (10 km) and cancels any prior authorization
p.000050: issued for the benefit of an already functional drug depot after a period of three months from the effective opening of
p.000050: the pharmacy.
p.000050: In accordance with the above provisions and by retroactive effect of the law and from the date of signature of the
p.000050: this law, any legally or unopened medication depot within a radius of
p.000051: 51
p.000051: less than ten kilometers (10 km) from an existing pharmacy must cease all activity and close the depot concerned.
p.000051: In this case, an order of the Minister of Health fixes the repeal of the authorization to open
p.000051: the deposit of the drugs concerned upon referral to the Pharmacist knowingly. This decree must
p.000051: apply, as of its publication, and is not subject to any appeal before the Courts and the Council of State of the
p.000051: Supreme Court.
p.000051: Without prejudice to the sanctions provided for by the Penal Code in matters of illegal exercise of a profession, any
p.000051: transgression exposes the offender to the penalties provided for under the provisions of article 332
p.000051: of this Code.
p.000051: Article 203.- In the event of violation of the rules of practice for the depositary of medicines requiring the
p.000051: closure of the disputed depot, the District Inspector Doctor, after having noted it, draws up a report
p.000051: the original of which is sent to the competent administrative authorities for the purpose of ordering the closure of
p.000051: depots of medicines that have lapsed. A copy of the said report must be notified by
p.000051: administrative to the relevant depositaries who acknowledge receipt.
p.000051: The administrative authority only orders the closure of the Establishment, the material execution of
p.000051: the act belongs to another authority, either to the Bailiff, or to the Agent Verbalisateur. However, the
p.000051: closure of a drug depot cannot in any way give rise to action for compensation
p.000051: against the state.
p.000051: Article 204.- It is strictly forbidden for the drug dealer to use the signs
p.000051: exclusively reserved for pharmacies, in particular the mention "pharmacy", the emblematic green cross
p.000051: from a pharmacy and the caduceus.
p.000051: CHAPTER II
p.000051: PHARMACIES WITH SPECIAL MANAGEMENT
p.000051: Article 205.- By District Wholesale Pharmacy (PHAGDIS) is meant the storage warehouse for products
p.000051: pharmaceuticals located in the capital of each health district. It is intended to supply medicines,
p.000051: medical consumables, contraceptives and laboratory reagents Reference Hospital Centers
p.000051: District and Public and private non-profit Basic Health Centers within the district.
p.000051: Article 206.- By Community Management Pharmacy (PHAGECOM) is meant the storage and dispensing room on
p.000051: prescription, pharmaceuticals to patients. It is located in the Home Health Unit and is managed
p.000051: co-managed by designated representatives of the communities and the heads of the Health Center.
p.000051: Regulatory texts define the rules governing PHAGDIS and PHAGECOM.
p.000051: CHAPTER III
p.000051: MEDICINAL PLANTS AND OTHER PRODUCTS OF NATURAL ORIGIN
p.000051: Article 207.-By phytotherapy is meant the treatment of diseases with medicinal plants.
p.000051: Article 208.- Medicinal plant means any plant, the whole or part of which, delivered as it is, presents a
p.000051: curative or preventive virtue scientifically proven or traditionally recognized.
p.000051: Article 209.- Herbal tea means dried plants and mixtures of plants, prepared in advance for
p.000051: use as an infusion or decoction.
p.000052: 52
p.000052: Herbal teas are subject to the provisions on herbal medicines.
p.000052: By product of natural origin is meant any natural product other than plants
p.000052: medicinal products, such as minerals or animal products, used either as is or in the form of
...

p.000052: The sale of herbal medicines, the manufacture and sale of herbal medicines are
p.000052: set by decree taken in the Council of Government on the proposal of the Minister of Health.
p.000052: BOOK IV
p.000052: CONTROLLING CONTAGIOUS DISEASES AND OTHER SOCIAL FLOWERS
p.000052: FIRST TITLE
p.000052: TUBERCULOSIS CONTROL
p.000052: Article 211.- Within the framework of the National Tuberculosis Control Program and that of the Expanded Program of
p.000052: Vaccination, vaccination with the BCG tuberculosis vaccine is compulsory at birth.
p.000052: Article 212.- A decree taken on the report of the Minister of Health, after the assent of the Commission
p.000052: National Hygiene and Health, determines the modalities of application concerning the vaccination technique by
p.000052: BCG tuberculosis vaccine, possible contraindications, revaccination practice, control of reactions
p.000052: tuberculin patients before or after vaccination.
p.000052: Article 213.- The tuberculosis mutual aid and health education committees ensure, under the supervision of the doctors
p.000052: phtisiologists for the Regions and the Communes:
p.000052: at. assistance to tuberculosis patients or their families;
p.000052: b. the organization of anti-tuberculosis health propaganda.
p.000052: The reinforcement and the effective implementation of the functioning of these committees will be the subject of an Order of the Minister
p.000052: responsible for health.
p.000052: Article 214.- As part of the pursuit of the National Tuberculosis Control Program, this
p.000052: the latter continues to be included in the list of notifiable diseases throughout the territory of the
p.000052: Republic of Madagascar.
p.000052: Article 215.- The sale of anti-tuberculosis drugs may be declared prohibited at the pharmacy and
p.000052: drug depots, on the proposal of the Minister of Health to prevent the emergence of resistant strains
p.000052: to anti-tuberculosis drugs by improper and uncontrolled use of these products.
p.000052: To avoid a shortage of anti-tuberculosis drugs, the supply from the central level must be
p.000052: regular.
p.000052: Any patient recognized as having tuberculosis must follow treatment according to the schemes and rules recommended by the
p.000052: National Tuberculosis Control Program. In case of change of residence, the patient must warn
p.000052: his attending physician who forwards the file of the patient concerned to the new attending physician by
p.000052: through the District Medical Inspector.
p.000053: 53
p.000053: Any patient recognized as having tuberculosis who refuses to submit to hygiene measures or bacteriological examinations,
p.000053: control required by his condition, or who has not completed the prescribed treatment, must be the subject of a measurement
p.000053: determined by the attending physician and / or by the local administrative authority.
p.000053: TITLE II
p.000053: THE FIGHT AGAINST LEPROSY
p.000053: Article 216.- All patients with leprosy recognized must be officially registered at the Training level
p.000053: Public health authority responsible for his residence, on a register established for these purposes.
p.000053: Article 217.- Any patient undergoing treatment must, in the event of transfer of residence, notify their doctor
p.000053: treating who brings the patient's file to life for the new treating doctor through the
p.000053: District Doctor or Inspector at the Leprosy Service of the Ministry of Health in Antananarivo.
p.000053: Any patient recognized as having leprosy must undergo treatment according to the scheme and rules recommended by the
...

p.000058: In particular, measures to prevent trauma and violence must be implemented, in particular
p.000058: for road safety, the prevention of different types of violence, the prevention of drownings, burns,
p.000058: falls, poisoning / poisoning.
p.000058: Everyone who has suffered trauma and / or violence has the right to proper care since the
p.000058: location of the incident up to the level of the health facilities.
p.000058: TITLE II
p.000058: MEASURES TO COMBAT EYE DISEASES
p.000058: Article 253.- Any person with an eye disease has the right to proper care at the level of
p.000058: specialized centers, provided with consumable equipment and medicines and placed under the responsibility and under the
p.000058: specialist in ophthalmology.
p.000058: Within the framework of the regulations in force concerning both state services and centers
p.000058: or private specialists, the acquisition or recovery of good eye health manifested by a
p.000058: binocular vision intact and free from any pathology results from the combined action of various strategies such
p.000058: that prevention, early diagnosis and management of all conditions likely to affect
p.000058: to the integrity of vision.
p.000059: 59
p.000059: TITLE III
p.000059: SMOKING AND OTHER ADDICTION CONTROL MEASURES
p.000059: Article 254.- The list of products whose consumption can lead to dependence
p.000059: harmful to health and to which the provisions of this title and the control measures are applicable
p.000059: anti-smoking and other drug addiction, is set by regulatory text taken by the Minister of Health, after notice
p.000059: of the National Office of Tobacco Control (OFNALAT).
p.000059: This list can be modified or increased, under the same conditions as above, according to new
p.000059: forms of products known to be toxic, dumped on the consumer market.
p.000059: Article 255.- The main objectives of the National Office for Tobacco Control (OFNALAT) are as follows:
p.000059: 1- Implement the provisions stipulated in the Framework Convention for Tobacco Control for the purpose
p.000059: protect present and future generations from health, social, environmental and economic effects
p.000059: devastating tobacco consumption and exposure to tobacco smoke including:
p.000059: - measures to reduce the demand for tobacco;
p.000059: - measures relating to the reduction of the supply of tobacco;
p.000059: - measures to protect the environment;
p.000059: - scientific and technical cooperation and on the communication of information.
p.000059: 2- specify the guidelines for the fight against drug addiction which must include preventive actions,
p.000059: screening and diagnosis, care, rehabilitation and social reintegration;
p.000059: 3- establish and complete as they emerge the list of products whose
p.000059: consumption can lead to addictive characteristics harmful to health and to which the
p.000059: these provisions as well as the measures to combat drug addiction;
p.000059: In this list, appear in particular cannabis (rongony), khat, all risk drugs, alcohol under all
p.000059: its forms including alcohol sold illegally as a fermented and manufactured drink (toaka gasy), tobacco
p.000059: smoking, chewing, snuffing or sucking;
p.000059: 4- strengthen existing control measures and the implementation of new health measures,
p.000059: social and security measures to be taken to reduce drug addiction and eradicate its most harmful effects;
p.000059: 5- summarize and complete the list of legislative and regulatory texts constituting the legal framework of the
p.000059: fight against drug addiction. Propose improvements and the promulgation of new texts;
p.000059: 6- strengthen awareness campaigns against the causes of drug addiction.
p.000059: Article 256.- The legal framework for tobacco control and other drug addiction must include the texts
p.000059: following:
p.000059: • Law No. 61-053 of December 13, 1961 on the fight against alcoholism and its subsequent texts;
p.000059: • Law No. 97-039 of 4 November 1997 on the control of narcotic drugs, psychotropic substances and
p.000059: forerunners in Madagascar and its subsequent texts;
p.000060: 60
p.000060: • Law n ° 2004-029 of September 9, 2004 authorizing the ratification of the Framework Convention of the Organization
p.000060: World Health for Tobacco Control;
p.000060: • the Decision of the High Constitutional Court n ° 23-HCC / D1 of September 8, 2004 relating to Law n °
p.000060: 2004-029 of September 9, 2004 authorizing the ratification of the Framework Convention of the World Health Organization
p.000060: for Tobacco Control;
p.000060: • Ordinance No. 60-098 of September 21, 1960 relating to the regulation of beverages and its implementing decrees
p.000060: as well as any subsequent texts;
p.000060: • The laws and regulations in force in the fight against drugs and criminal activities
p.000060: related as well as those governing the industrialization, importation, marketing and consumption of
p.000060: tobacco products in Madagascar;
p.000060: • The regulatory texts governing the creation, organization and operation of the National Office
p.000060: of Tobacco Control of the Ministry in charge of Health.
p.000060: TITLE IV
p.000060: MEASURES TO COMBAT MENTAL ILLNESSES
p.000060: Article 257.- The list of diseases to which these provisions apply as well as the measures for
p.000060: fight against mental illnesses are determined by regulatory text of the Minister of Health.
p.000060: Article 258.- This list can be modified under the same conditions as above depending on
p.000060: possible new forms of disease.
...

p.000078: dispense high-risk drugs;
p.000078: - those who have given up or offered high-risk drugs to a person for the personal consumption of
p.000078: the latter;
p.000078: - those who transgress the legal provisions concerning production, manufacturing,
p.000078: extracting, preparing, processing, importing, exporting, offering, offering for sale,
p.000078: distribution, sale, delivery in any capacity, purchase, possession or use of drugs
p.000078: entered in Tables II and III of international conventions;
p.000078: - those who facilitate the dispensing of medicines for medical use, narcotics and
p.000078: dangerous or toxic without medical prescription.
p.000078: In the event of recidivism, the penalties will be doubled.
p.000078: The provisions of this article apply without prejudice to the other penalties provided for in the non-
p.000078: contrary to the Health Code, in particular those relating to narcotic drugs, psychotropic drugs and precursors.
p.000078: Article 340.- Anyone who knowingly engages in the illicit sale of medicines, without meeting the required conditions
p.000078: for the legal exercise of pharmacy by transgression of article 155 is
p.000079: 79
p.000079: liable to a fine of 2,000,000 Ariary to 50,000,000 Ariary and imprisonment from three months to three
p.000079: years or one of these two sentences only.
p.000079: In the event of recidivism, the penalties will be doubled.
p.000079: Is pronounced by law, the confiscation of all material and medication that allowed the illegal exercise of the function
p.000079: pharmacist.
p.000079: The provisions of this article do not apply to the authorized drug distributor
p.000079: a deposit on decree taken by the Ministry responsible for Health, except in case of violation of the provisions
p.000079: Articles 202 to 204 of this Code.
p.000079: Article 341.- Anyone who makes a false declaration with a view to their registration on the Table of the Order of Pharmacists
p.000079: is punished with a fine of 120,000 Ariary to 1,200,000 Ariary and imprisonment from six months to one year or
p.000079: only one of these two penalties, without prejudice to the sanctions provided for in the matter.
p.000079: In the event of recidivism, the penalties will be doubled.
p.000079: Article 342.- Anyone who has contravened the provisions on pharmacies is punished with a fine of 200,000
p.000079: Ariary to 2,000,000 Ariary and, in the event of a repeat offense, to a fine fixed at double, without prejudice to criminal proceedings.
p.000079: Article 343.- Any resistance, opposition or any obstacle to the exercise of the function of
p.000079: pharmacist-inspectors are punished with imprisonment of six months to three years and a fine of 20,000 Ariary to
p.000079: 500,000 Ariary or one of these two sentences only, without prejudice to disciplinary sanctions which may
p.000079: be pronounced by the Council of the Order or administrative measures of suspension or withdrawal
p.000079: authorizations likely to be taken by the Minister of Health against the author of
p.000079: the offense.
p.000079: Article 344.- All offenses relating to the advertising of medicinal products for human use, without prejudice to sanctions
p.000079: are punished with the penalties provided for in Ordinance No. 73-055 of September 11, 1973 relating to repression
p.000079: breaches of the price system and intervention in economic matters.
p.000079: Article 345.- Violations of the provisions on the ban on advertising concerning Establishments
...

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p.000012: Article 37.- So-called “special” solid industrial waste must be distinguished because of its toxicity and
p.000012: of the dangers which they represent for the environment, and in particular for the water which they can pollute by
p.000012: pathogens of contagious diseases that they can give rise to and transport.
p.000012: They must be the subject of specific measures provided for by Law No. 99-021 of August 19, 1999 on the policy of
p.000012: management and control of industrial pollution: secure storage, disposal in facilities
p.000012: regulated for this purpose and at the expense of the public authorities.
p.000012: Article 38.- The Communes are responsible for the measures to be taken to ensure the evacuation and elimination of
p.000012: waste and debris. To this end, they coordinate the action of the Fokontany who constitute the subdivisions
p.000012: administrative level at the level of the Communes and which participate and contribute permanently and
p.000012: effective in social or community development mobilization activities in
p.000012: sanitation and activities to preserve the environment and its components.
p.000012: Article 39.- Industrialists or managers of companies whose activities are the source of waste and debris,
p.000012: must bear the costs relating to the implementation of measures to eliminate this waste
p.000012: and debris, on pain of incurring the sanctions provided for by the provisions of article 329 of this Code.
p.000012: Solid or liquid hazardous waste must be the subject of a listing and special treatments governed by
p.000012: regulatory texts for the application of international conventions.
p.000012: Section 3
p.000012: Protection of foodstuffs delivered for consumption
p.000012: Article 40.- Under the terms of this Code, “foodstuff” means any substance treated,
p.000012: partially processed or raw, intended for human consumption, which includes beverages, chewing gum and
p.000012: all substances used in the manufacture, preparation and processing of food excluding
p.000012: substances used only in the form of medicines, cosmetics or tobacco.
p.000012: Article 41-. Without prejudice to specific legal provisions relating to consumer protection and
p.000012: in accordance with Codex Alimentarius standards which require healthy food for consumers
p.000012: and safe and nutritious food, the locations where it is made, handled, stored or offered for sale
p.000012: foodstuffs must be kept in a perfect state of cleanliness sheltered from rodents, insects and
p.000012: all animals that carry pathogenic germs.
p.000012: In particular, the manufacturing, processing and marketing of defined beverage groups
p.000012: under title 1 of Ordinance No. 60-098 of September 21, 1960, as amended, relating to the regulation of beverages, remain
p.000012: subject to the authorization scheme of the said Ordinance.
p.000012: Article 42.- As a general rule, the issue of Consumption Certificates must comply with the
p.000012: legislation and regulations in force. In particular, any agro-food establishment and importer
p.000012: of foodstuffs must submit for analysis their products and the
p.000013: 13
p.000013: analysis results must be received from the Health Security and Quality Control Agency
p.000013: Foodstuffs for the purpose of issuing a consumability certificate for each production batch
p.000013: of food before it is placed on the market.
p.000013: Article 43.- The Food Safety and Food Quality Control Agency is
p.000013: with a Laboratory which carries out the quality control of locally produced, imported foodstuffs
...

p.000014: Article 49.- The modalities of application of the provisions of articles 41 to 48 will be fixed by regulatory means.
p.000014: More specifically, with regard to the provisions of article 47 on reputed animal diseases
p.000014: contagious which are fixed by the texts in force establishing the nomenclature of animal diseases deemed
p.000014: contagious in Madagascar and / or any amending texts.
p.000014: In the interest of consumers and for more effective protection of the population against attacks on the
p.000014: health, violation of the provisions of Articles 41 to 48 constitutes sanctioned offenses
p.000014: by criminal law and is the subject of a specific law for this purpose.
p.000014: Section 4
p.000014: Hygiene measures concerning chemical preparations and substances intended for use in public health
p.000014: and the management of ambient air health
p.000014: Article 50.- Standardization of labeling of packaging for substances and preparations
p.000014: intended for domestic and public hygiene is governed by the provisions of the regulatory texts in force, taken
p.000014: by the Minister of Industry, Trade and Private Sector Development and possibly by texts
p.000014: regulatory amendments.
p.000014: Article 51.- Chemical substances intended for use in public health, in particular those intended for
p.000014: subject intra-domiciliary treatments must have the approval of the Minister of Health before being
p.000014: imported, manufactured or reformulated for placing on the national market.
p.000014: These preparations include soaps and detergents, all products intended for the fight against insects.
p.000014: and parasites, vectors of diseases, regardless of the formulation in which they are presented, of
p.000014: the active substance used and the concentration. This approval results in the issuance of an authorization for
p.000014: sale.
p.000014: The procedures for applying the provisions of Articles 50 and 51 are taken by regulation.
p.000014: The ambient air must be healthy. Any activity likely to pollute the air and, in general,
p.000014: threaten or harm human health, must be controlled in order to reduce pollution as well as
p.000014: environmental degradation. The concentration standards of the air components must be set by
p.000014: decree on the proposal of the Ministries in charge of Health and the Environment.
p.000015: 15
p.000015: CHAPTER III
p.000015: HOUSING HEALTH
p.000015: Article 52.- All places, constructions, buildings, agglomerations, villages and districts in rural areas having for
p.000015: purpose of housing and for this purpose, to be provided with collective equipment and infrastructure
p.000015: sanitation and sanitation facilities that comply with the regulations relating to household hygiene must
p.000015: the subject of constant concern from public authorities so that:
p.000015: - the provisions of the texts in force establishing the Code of Town Planning and Housing;
p.000015: - the provisions of Law No. 98-029 of January 20, 1999 on the Water Code;
p.000015: - the provisions of the implementing texts of the above-mentioned law;
p.000015: - the provisions of health regulations at the international level, at the national level and at that of the Communities
p.000015: Decentralized territories.
p.000015: Section 1
p.000015: Building sanitation
p.000015: Article 53.- Without prejudice to the provisions of the Town Planning and Housing Code on sanitary and
p.000015: security relating to constructions, when a building, whether built or not, adjoining or not on the public highway, constitutes,
...

p.000028: A decree issued by the Government Council on the proposal of the Minister of Health sets the conditions
p.000028: of exercise, organization and functioning of the traditional pharmacopoeia.
p.000028: BOOK III
p.000028: DRUGS, PHARMACY AND GENERAL CONDITIONS FOR THE PRACTICE OF THE PHARMACIST
p.000028: Article 103.- This Code applies to any person practicing the profession of pharmacist, to any
p.000028: activity in the field of medicine and other health goods as well as the sale of medicinal plants on the
p.000028: territory of the Republic of Madagascar.
p.000028: FIRST TITLE
p.000028: DRUGS AND PHARMACY
p.000028: FIRST CHAPTER
p.000028: NATIONAL PHARMACEUTICAL POLICY
p.000028: Article 104.- The National Pharmaceutical Policy is part of the National Health Policy defined
p.000028: by the government.
p.000028: It aims to ensure an adequate supply of essential medicines of good quality, safe and
p.000028: effective, and rational use of these drugs.
p.000028: In order to ensure an adequate and sustainable supply of good quality, safe essential medicines
p.000028: and effective, the National Pharmaceutical Policy must endeavor to promote research and
p.000028: national production of pharmaceutical products.
p.000028: The Malagasy pharmacopoeia must adopt the standards which favor this objective of national production.
p.000028: The Madagascar Medicines Agency, which reports directly to the Ministry of Health, is the responsible body
p.000028: control of the demography and activities of pharmaceutical establishments, their inspection,
p.000028: registration of medicines for human use and other similar products, quality control of medicines,
p.000028: pharmacovigilance in the National Territory.
p.000028: CHAPTER II
p.000028: MEDICATION
p.000028: Section 1
p.000028: Definitions
p.000028: Article 105.- Medication means any substance, composition or preparation presented as
p.000028: possessing curative or preventive properties with regard to human or animal diseases as well as all
p.000028: product which can be administered to humans or animals, to establish a medical diagnosis or restore,
p.000028: correct or modify their organic functions.
p.000028: The following are in particular considered to be medicinal products:
p.000028: - cosmetic and personal hygiene products, containing a substance having a therapeutic action on
p.000028: as defined in paragraph 1 or containing poisonous substances at doses or concentrations higher than those
p.000028: appearing in the
p.000029: 29
p.000029: list provided for by order of the Minister of Health or not appearing on the same list;
p.000029: - dietetic products which contain chemical substances in their composition, or
p.000029: organic foods which do not themselves constitute food, but whose presence can give these
p.000029: products, either special properties sought in dietetic therapy, or meal properties
p.000029: test;
p.000029: - immunobiological products used to prevent, diagnose or treat human diseases, which
p.000029: act on the immune system or which may be involved in immunobiological reactions such
p.000029: that vaccines, allergens, toxins and antitoxins, sera, immunoglobulins;
p.000029: - products presented as suppressing the urge to smoke or reducing addiction
p.000029: at the cigarette shop ;
p.000029: - oral contraceptives, injectables, implants, spermicides, the dispensation of which is authorized by
p.000029: the Madagascar Medicines Agency.
p.000029: Article 106.- Except where a new drug has already been presented and recognized as such by the Organization
p.000029: World Health (WHO), a new product is classified as a drug discovered or invented in Madagascar on
p.000029: validation by a Biomedical Institution recognized by the Malagasy State.
p.000029: This institution certifies the nature of the product, the research protocol, the active ingredient identified and its mode of
...

p.000030: whose active ingredient (s) are no longer or are not protected by a patent. Its composition and its dosage form
p.000030: are identical to those of the innovative specialty, its concentration of active ingredients is identical to those of the
p.000030: innovative specialty, its concentration in active ingredients is identical and its therapeutic margin as wide; her
p.000030: bioequivalence with a reference product has been demonstrated. Any generic characterized by a name
p.000030: special is called
p.000030: “Brand generic”;
p.000030: -essential drug, any drug that meets the needs of the majority of the population in terms of care
p.000030: health;
p.000030: - magistral preparation, any medication prepared immediately in a pharmacy or a health facility
p.000030: in execution of a prescription intended for a specific patient;
p.000030: - hospital preparation, any medication prepared on medical prescription and according to the indications of the
p.000030: pharmacopoeia due to the lack of pharmaceutical specialty available or adapted in the
p.000030: pharmacy for internal use of a health establishment and intended to be dispensed to one or more patients in
p.000030: said establishment;
p.000030: -pharmacy preparation, any drug prepared in pharmacies according to the indications of the pharmacopoeia or a
p.000030: form recognized by the Malagasy State and intended to be dispensed directly to patients supplied by
p.000030: this pharmacy;
p.000030: -divided pharmacy product, any stable substance or preparation described in the pharmacopoeia, prepared
p.000030: in advance by a pharmaceutical establishment and divided either by it or by the community pharmacy which
p.000030: sells, either through a pharmacy for internal use;
p.000030: -pharmaceutical specialty, any drug prepared in advance, presented in a special packaging,
p.000030: characterized by a special name and placed on the market under that name;
p.000030: -homeopathic medicine, any medicine obtained from products, substances or composition called strains
p.000030: homeopathic, according to a homeopathic manufacturing process described by any recognized pharmacopoeia
p.000030: Madagascar. A homeopathic medicine can also contain several active ingredients;
p.000030: - secret remedy, any preparation whose formula does not appear on the drug itself, nor in a
p.000030: pharmacopoeia, neither in a form, nor on the pharmacy prescription. The sale of secret remedy is
p.000030: prohibited;
p.000030: - medical consumables, any product, material and others used to perform medical acts.
p.000031: 31
p.000031: Section 2
p.000031: Official medication lists
p.000031: Article 111.- In the interest of public health and in application of the Policy
p.000031: National Pharmaceutical, the various lists of drugs authorized to be dispensed to the public will be established and
p.000031: modified by the Minister of Health, on the advice of a committee formed by health professionals from
p.000031: public and private sector.
p.000031: The composition of this commission will be defined by decree taken in the Council of Government on the proposal of the Minister
p.000031: responsible for health.
p.000031: The Minister of Health decides:
...

p.000031: - the list of prohibited, poisonous, toxic and other substances;
p.000031: - the list of drugs for which deconditioning and reconditioning are authorized;
p.000031: - the list of drugs authorized to be prescribed by each category of prescriber;
p.000031: - the list of drugs authorized to be dispensed to the public by the various structures of
p.000031: dispensation;
p.000031: - the list of dyes, adjuvants and preservatives necessary for the manufacture of
p.000031: medication;
p.000031: - the list of medicinal plants authorized to be used in human medicine;
p.000031: - the list of medicinal plants prohibited for human medicine;
p.000031: - the list of medical consumables prohibited for human medicine;
p.000031: - the list of medical consumables subject to Marketing Authorization (AMM);
p.000031: - the list of drugs authorized for advertising.
p.000031: Article 112.- The national formulary of medicines or compendium is the synthetic collection of
p.000031: scientific and technical information relating to the pharmaceutical specialties and generic medicines appearing
p.000031: on the list of essential medicines registered in Madagascar and classified by international nonproprietary name.
p.000031: Section 3
p.000031: Herbal and other traditional medicines
p.000031: Article 113.- By:
p.000031: - herbal medicinal product, any medicinal product containing as active ingredient exclusively products
p.000031: plants or substances derived from plants or preparations of plants;
p.000031: - herbal preparation, powdered plants, juices, extracts, tinctures,
p.000031: fatty oils, and any preparation which involves the use of concentration, fractionation processes
p.000031: or purification and used as a medicine;
p.000031: - "traditional" remedy, any vegetable, animal or mineral substance presented as promoting prevention
p.000031: or the treatment of human diseases and traditionally used on socio-cultural foundations and / or
p.000031: religious. It is not intended for parenteral injection. It is reserved and controlled use.
p.000031: Article 114.- A “traditional remedy improved” is any traditional remedy having undergone the
p.000031: modifications to increase acceptability. All non-original substances
p.000032: 32
p.000032: added, such as excipients, or any practice helping to improve the drug
p.000032: traditional must be indicated.
p.000032: Herbal medicines, herbal preparations and traditional remedies
p.000032: are subject to the provisions of this Code governing the manufacture, trade,
p.000032: distribution, sale to the public, advertising and promotion of drugs.
p.000032: Improved traditional remedies must meet national ethical standards, technical standards of
p.000032: Malagasy pharmacopoeia or other pharmacopoeia recognized by the Malagasy state.
p.000032: The provisions governing the preparation, registration, distribution and sale to the public of remedies
p.000032: medicines, as well as other products used in traditional medicine, will be specified by
p.000032: regulatory route.
p.000032: CHAPTER III
p.000032: OF THE GENERAL REGULATIONS CONCERNING MEDICINES
p.000032: Section 1
p.000032: Registration
p.000032: Article 115.- Any drug for human use or any similar product, manufactured locally or imported, is subject,
p.000032: before marketing or dispensing it, even free of charge, to a Marketing Authorization
p.000032: (AMM) issued by the Madagascar Medicines Agency, after examination of a file and decision of a
...

p.000037: Advertising to the public for a drug is necessary accompanied by a message of caution and reference to the
p.000037: consult a doctor if symptoms persist.
p.000037: Advertising to the public for a specific drug as well as advertising campaigns to
p.000037: of the public for vaccinations are subject to a prior authorization of limited duration, called visa de
p.000037: advertisement issued by the Madagascar Medicines Agency. It is accompanied by a fixed fee, the amount of which is
p.000037: determined by joint order of the Minister of Health and the Minister of Finance and Budget.
p.000037: This visa is issued for a period which cannot exceed the duration of the Marketing Authorization.
p.000037: The conditions for granting, suspending or withdrawing the advertising visa are defined by order of the Minister responsible
p.000037: of Health.
p.000037: CHAPTER IV
p.000037: OF NARCOTICS, PSYCHOTROPES AND PRECURSORS
p.000037: Article 138.- The Ministry in charge of Health and the medical and paramedical personnel placed under its authority, the
p.000037: Health professions within the Private Sector, pharmacists participate in the implementation of Law No. 97-039
p.000037: of 04 November 1997 on the control of narcotic drugs, psychotropic substances and precursors in Madagascar as well
p.000037: that the implementation of the National Master Plan for the Fight against Drugs and Criminal Activities
p.000037: related.
p.000038: 38
p.000038: Article 139.- Narcotic means any plant or substance of natural or synthetic origin, except
p.000038: sedative, analgesic, narcotic or euphoric action which can cause addiction, drug addiction or
p.000038: addiction.
p.000038: The narcotic drugs subject to control appear in Tables I and II of the Geneva Single Convention on Narcotic Drugs
p.000038: of 1961, as amended by the Protocol of March 1972.
p.000038: Article 140.- We consider as psychotropic substances "all the original chemical substances
p.000038: natural or artificial which have a psychological tropism, that is to say likely to modify
p.000038: mental activity without prejudging the type of this modification. " Substances are subject to control
p.000038: psychotropic drugs classified according to their dependence potential and their degree of usefulness
p.000038: therapeutic listed in Tables I, II, III and IV of the Vienna Convention on Substances
p.000038: Psychotropics of February 21, 1971.
p.000038: Article 141.- Precursors mean substances used for the manufacture of narcotic drugs or
p.000038: psychotropic substances.
p.000038: Precursors subject to control are listed in Tables I and II of the United Nations Convention against Trafficking
p.000038: illicit narcotic drugs and psychotropic substances of 1988.
p.000038: Article 142.- The definitions are extended to any modification of the tables which could be taken later
p.000038: by decision of the United Nations Commission on Narcotic Drugs.
p.000038: Article 143.- The Minister of Health is responsible for the application at national level of
p.000038: International conventions signed and ratified by the Republic of Madagascar, in the pharmaceutical sector,
...

p.000038: after advice from the National Councils of the Order of Physicians and of the Order of Pharmacists.
p.000038: CHAPTER V
p.000038: PARAPHARAMACIA AND OTHER HEALTH GOODS
p.000038: Section 1
p.000038: Cosmetic and personal hygiene products
p.000038: Article 146.- Cosmetic and personal hygiene products mean all substances or
p.000038: preparations, other than medicaments, intended to be brought into contact with the various surface parts of the
p.000038: human body, teeth or mucous membranes, with a view to cleaning them, protecting them, keeping them in good condition,
p.000038: modify the appearance, perfume them or correct their odor.
p.000039: 39
p.000039: Any cosmetic and personal hygiene product without a well-defined therapeutic aim must not include in
p.000039: its denomination of terms such as: HEALTH; MEDI; MEDICAL or PHARMA… which could induce
p.000039: public error.
p.000039: Article 147.- The sale of cosmetic and personal hygiene products is not exclusively
p.000039: reserved for pharmaceutical establishments.
p.000039: The conditions of opening and operating any manufacturing establishment, packaging or important even as
p.000039: accessory, cosmetic products or personal hygiene products, as well as the extension of the activity
p.000039: of an establishment to such products are set by regulation.
p.000039: Article 148.- Any cosmetic product or any personal hygiene product must, before being placed on the market, as
p.000039: costly or free of charge, be the subject of a registration request, the composition of the file and fixed by
p.000039: order of the Minister of Health.
p.000039: Poisonous substances cannot enter into the composition of cosmetic and personal hygiene products
p.000039: only on the condition of appearing on a list established by decree which fixes, for each poisonous substance and
p.000039: for each type of product, the doses and concentrations not to be exceeded.
p.000039: The Medicines Agency of Madagascar can prohibit by reasoned decision the placing or the maintenance on the market as
p.000039: expensive or free cosmetic products or personal hygiene products that are dangerous for
p.000039: the user.
p.000039: Article 149.- Insecticides and acaricides intended to be applied to humans and products intended for
p.000039: the maintenance or application of contact lenses must, before being placed on the market for consideration or
p.000039: free, subject to a visa issued by the Madagascar Medicines Agency.
p.000039: Section 2
p.000039: Diet products
p.000039: Article 150.- A dietetic product is a product intended for a specific diet which, due to its
p.000039: particular composition and its manufacturing process, is distinguished from the foodstuffs of
p.000039: current consumption and suitable for the nutritional objective sought; it is marketed so as to
p.000039: indicate that it meets this objective.
p.000039: The sale of dietetic products is not exclusively reserved for pharmaceutical establishments.
p.000039: The manufacture, import, export or distribution of dietetic products are subject to
p.000039: authorization. However, for public health reasons, the Minister of Health may fix by order
p.000039: special conditions for this type of product, in particular those relating to the composition, packaging,
p.000039: sales names, labeling, presentation, advertising and methods of controlling the
p.000039: manufacturing.
p.000039: The provisions of the second paragraph of article 146 also apply to dietetic products.
p.000039: Section 3
p.000039: Medical devices
p.000039: Article 151.- Medical device means any instrument, appliance, equipment, material, original product or
...

p.000069: performed.
p.000069: The results of the analyzes can only be transmitted to a doctor and in no case to the patient, except
p.000069: in a closed envelope for the attending physician.
p.000069: Certain analyzes, the list of which is fixed by decree of the Minister of Health, cannot be
p.000069: performed only in laboratories approved for this purpose, whether private or public.
p.000069: The performance of certain medical analyzes may be authorized in private medical offices, within the limit of one
p.000069: list established by order of the Minister of Health.
p.000069: These analyzes must be carried out by the doctor or under his responsibility by a qualified technician
p.000069: on samples taken as part of a consultation.
p.000069: The standards of equipment of the room and the material necessary for the execution of medical analyzes in the
p.000069: private medical offices are determined by order of the Minister of Health.
p.000069: Doctors performing medical analyzes in their offices may in no case use the mention of
p.000069: Medical analysis laboratory.
p.000069: The pricing of medical analyzes performed in a medical office must comply with the regulations in
p.000069: force.
p.000069: Article 294.- Public sector medical analysis laboratories may be required to perform analyzes
p.000069: at the request of practitioners or health establishments in the private sector, when these analyzes are reserved for
p.000069: certain public sector laboratories or for reasons of proximity in regions not provided with a laboratory
p.000069: medical tests.
p.000069: TITLE II
p.000069: ORGANS AND SUBSTANCES OF HUMAN ORIGIN FOR THERAPEUTIC INTERVENTION, DIAGNOSIS OR FOR RESEARCH
p.000069: FIRST CHAPTER
p.000069: GENERAL PROVISIONS
p.000069: Article 295.- The term therapeutic or diagnostic substance of human origin means any substance taken from a
p.000069: human being and intended for therapeutic or diagnostic purposes.
p.000069: The transfer and use of therapeutic substances of human origin are governed by the provisions of the
p.000069: legislation and regulations in force as well as those of this title and its regulatory texts
p.000069: application.
p.000069: The removal of therapeutic substances of human origin cannot be carried out without the prior consent of the
p.000069: donor, this consent may be revoked at any time. No physical, moral or pecuniary pressure should be
p.000069: the origin of the donation.
p.000069: The donor must be informed in a precise and comprehensible manner for him, by a doctor, of the risks linked to certain
p.000069: Specimens.
p.000069: No payment whatsoever, can be allocated to those who lend themselves to direct debit
p.000069: elements of his body or the collection of his products.
p.000069: Article 296.- The donor cannot know the identity of the recipient, nor the recipient that of the donor.
p.000069: No information to identify both who donated an item or a
p.000070: 70
p.000070: product of his body, and whoever received it cannot be disclosed. This principle of anonymity cannot be waived
p.000070: only in case of therapeutic necessity, and with the agreement of the parties.
p.000070: Article 297.- Any advertising in favor of a donation of therapeutic substance of human origin for the benefit
p.000070: of a specific person or for the benefit of a specific body is prohibited. This prohibition does
p.000070: no obstacle to informing the public in favor of the donation of organs and products of the human body.
p.000070: Article 298.- Collection and collection of therapeutic substances of human origin for therapeutic purposes
p.000070: are subject to health security rules defined by order of the Minister of Health. These rules
p.000070: include tests for contagious or sexually transmitted diseases.
p.000070: The collection and use of therapeutic substances of human origin can only be done by
p.000070: a doctor or under his direction. They can only be performed on medical prescription.
p.000070: CHAPTER II
p.000070: BLOOD AND ITS DERIVATIVES
p.000070: Article 299.- Blood transfusion is an act by which human blood is administered to a patient for the purposes
p.000070: therapeutic after treatment of said blood and consent of the recipient or his legal representative.
p.000070: This medical procedure engages the responsibility of the doctor who prescribes it, of the person who performs it and of the people
p.000070: acting under his direction.
p.000070: The act consists of subjecting the blood to an appropriate operation or sequence of operations in order to give it
p.000070: optimal characteristics of use.
p.000070: The blood transfusion is carried out in the interest of the recipient, after the doctor has ensured his
p.000070: real necessity, and falls under the ethical principles of volunteering and the anonymity of the gift, and the absence of profit and
p.000070: must be accompanied by a specific examination to confirm its reassuring nature under the conditions defined in the
p.000070: this title.
...

p.000079: Article 343.- Any resistance, opposition or any obstacle to the exercise of the function of
p.000079: pharmacist-inspectors are punished with imprisonment of six months to three years and a fine of 20,000 Ariary to
p.000079: 500,000 Ariary or one of these two sentences only, without prejudice to disciplinary sanctions which may
p.000079: be pronounced by the Council of the Order or administrative measures of suspension or withdrawal
p.000079: authorizations likely to be taken by the Minister of Health against the author of
p.000079: the offense.
p.000079: Article 344.- All offenses relating to the advertising of medicinal products for human use, without prejudice to sanctions
p.000079: are punished with the penalties provided for in Ordinance No. 73-055 of September 11, 1973 relating to repression
p.000079: breaches of the price system and intervention in economic matters.
p.000079: Article 345.- Violations of the provisions on the ban on advertising concerning Establishments
p.000079: Care is liable to a fine of 500,000 Ariary to 1,000,000 Ariary and to imprisonment for one
p.000079: months to a year or one of these two sentences only.
p.000079: In the event of recidivism, the penalties will be doubled.
p.000079: In addition, the offending establishment may be temporarily or permanently closed.
p.000079: The same penalties are applicable in the event of transgression of the prohibitions listed in the provisions
p.000079: of article 89 of this Code.
p.000079: Article 346.- Any doctor, any midwife, any other health professional, all appearing, any
p.000079: declarant or any witness who, when writing a birth certificate, has fraudulently misrepresented it
p.000079: the substance or the circumstances, either by writing other statements other than those which
p.000079: would have been traced or dictated by the parties, either by finding false facts to be true, or as admitting
p.000079: acts which were not, are punished with the penalties provided for in articles 145, 146, 147 and 148 of the Penal Code
p.000079: of June 30, 1998 depending on the nature of the offenses committed, without prejudice to the provisions of Law No. 61-025
p.000079: of 09 October 1961 relating to acts of civil status, modified by Law n ° 90-015 of 20 July 1990 and the others
p.000079: any subsequent amending texts.
p.000080: 80
p.000080: The same penalties are applicable to any individual posing as or having attempted to pose as a
p.000080: doctor, midwife or other healthcare professional to establish a birth certificate.
p.000080: They are also applicable in the event of commission of the provisions provided for in article 267 of this Code.
p.000080: Article 347.- The illicit use of the name of medical analysis laboratories or any expression
p.000080: confusing with it, is punished by imprisonment for three months to three years and a fine of 50,000
p.000080: Ariary to 500,000 Ariary or both.
p.000080: In the event of recidivism, the penalties will be doubled.
p.000080: Article 348.- In matters of blood transfusion, the facts listed below will be subject to criminal prosecution
p.000080: :
p.000080: - trafficking in one's own blood;
p.000080: - blood sampling without the informed consent of the donor;
p.000080: - blood donation against payment;
p.000080: - the use of blood and its derivatives which have not been subject to prior analyzes;
p.000080: - modification or attempt to modify the results after blood tests;
...

Health / HIV/AIDS

Searching for indicator HIV:

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p.000001: appropriate social institutions ”.
p.000001: The Government is committed to achieving real and tangible development by giving priority to
p.000001: Transformational Reform Initiatives.
p.000001: Proceeding with the analysis of poverty, the Government mapped out the strategies and the various actions which
p.000001: lead to rapid economic growth, contribute to poverty reduction and enable
p.000001: countries to take advantage of the challenges of globalization, in line with the Millennium Development Goals.
p.000001: The National Health Policy strategies and projects include 8 commitments, aim
p.000001: essentially an effective reduction in poverty and a tangible improvement in the quality of life
p.000001: Malagasy.
p.000001: Concerning more particularly the Health / Population component, the Government has been constantly concerned
p.000001: to maintain the population in good health, that is to say in a complete state of physical, mental and
p.000001: social. Indeed, such a population can contribute to the development of the Nation and lead to
p.000001: long and fruitful lives. It thus constitutes the fundamental lever of development.
p.000001: We therefore understand that the Government, taking into account the latest available data on the state
p.000001: of the population and in particular of the most vulnerable social groups, defined the major
p.000001: lines of a health policy which includes in particular Health, Family Planning and the Fight against HIV / AIDS.
p.000001: The action program of the Health Sector has focused on eight (08) components which consist of:
p.000001: • ensuring the provision of quality health services to all;
p.000001: • eliminate the main communicable diseases;
p.000001: • win the fight against HIV / AIDS;
p.000001: • implement an effective family planning strategy;
p.000001: • reduce infant and child mortality;
p.000001: • reduce maternal and newborn mortality;
p.000001: • improve nutrition and food security;
p.000001: • supply the population with drinking water and generalize hygienic and sanitary practices.
p.000001: Thus, the problems of malnutrition and malaria will be solved; the trend of the spread of the
p.000001: HIV / AIDS will be reversed; drinking water will become accessible and the average size of the Malagasy family will be reduced,
p.000001: through education and the provision of health services.
p.000001: Taking into account these different statements, but above all the new socio-economic context to which the
p.000001: Government must cope, the Ministry of Health has made the decision to implement a new
p.000001: Health Code, inspired by preparatory work going back to different workshops organized in 1997 but
p.000001: enriched considerably thanks to a collective reflection involving the active participation of the Directorates,
p.000001: Services and Partners. The objective aims to put in the hands of health professionals and
p.000001: Service de la Population, an updated, credible and accessible legal instrument for all.
p.000002: 2
p.000002: The content of the law
p.000002: The Law on the Health Code contains 360 articles, compared to 117 articles for the former Public Health Code.
p.000002: Furthermore, it should be noted that, in compliance with the provisions of the Constitution relating to the field of
p.000002: law and regulations, the new project mainly defines the general principles of the organization and
p.000002: functioning of the Health Sector. It must be supplemented by decrees or orders concerning the procedures
p.000002: and rules which are not necessarily general principles.
p.000002: The 360 ​​articles of the new Code are divided into 10 Books which have been, as far as possible, logically
p.000002: classified and in which were inserted the new elements intended to enrich the National Policy of
p.000002: Health.
p.000002: The Preliminary Book is new in the presentation of the Code because it brings together various rules
...

p.000057: measures the state of health of a worker is free, or affected by disabling or mode related diseases
p.000057: of life having an impact on professional capacity.
p.000057: Article 242.- Without prejudice to the provisions of the International Health Regulations, actions on
p.000057: disembarking travelers, carried out by the Charges of control at the Borders of Madagascar, to know if a
p.000057: individual is yes or no carrying a sexually transmitted infection, are prohibited for violation of the rights of
p.000057: people with the confidentiality of their state of health.
p.000057: Article 243.- Without prejudice to the provisions of the International Health Regulations, except in the case of repatriation or
p.000057: case of medical evacuation in Madagascar, the observation of a manifest state of illness in a traveler entering
p.000057: Madagascar, authorizes a medical check-up by the Border Health Services.
p.000057: Article 244.- In the event of an indication of blood transfusion to a patient, whatever his assignment,
p.000057: blood transfusion with a specific examination to confirm its reassurance, is
p.000057: mandatory.
p.000057: Article 245.- The declaration of sexually transmitted diseases may be made compulsory by a
p.000057: decree issued on the proposal of the Minister of Health, after the opinion of the National Commission
p.000057: of Hygiene and Health.
p.000057: Article 246.- Notwithstanding the provisions of Law No. 2005-040 of February 20, 2006 on the fight against HIV / AIDS and
p.000057: the protection of the rights of people living with HIV / AIDS as well as those of its implementing texts, any
p.000057: persons engaged in prostitution must be identified and documented. Special surveillance measures should
p.000057: be taken towards them, without derogating from confidentiality obligations.
p.000057: TITLE VIII
p.000057: THE FIGHT AGAINST ENVIRONMENTAL-RELATED DISEASES
p.000057: Article 247.- Environmental diseases must be the subject of research and studies
p.000057: depth. Specific measures to protect human health, through the development of the Plan
p.000057: Operational in Health and Environment will have to be popularized and followed. Environmental indicators
p.000057: likely to cause effects on human health should be monitored and controlled. The
p.000057: organizational arrangements for monitoring, information, alert, investigation and response systems
p.000057: are set by decree taken by the Government Council on the proposal of the Minister of Health,
p.000057: following the recommendation of the Libreville Declaration. Any program, any plan, any project whose
p.000057: activities may harm human health must be the subject of Health Impact Assessments, in accordance with the text
p.000057: in force concerning the MECIE (Accounting for Investments with the Environment).
p.000058: 58
p.000058: BOOK V
p.000058: OF THE CONTROL OF NON-COMMUNICABLE DISEASES
p.000058: FIRST TITLE
p.000058: LIFE-RELATED DISEASE MEASURES
p.000058: Article 248.- The State must provide for the needs of any citizen who, by reason of his age or his motor incapacity,
...

Health / Intoxication

Searching for indicator intoxication:

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p.000013: The methods of organizing the transport of foodstuffs, product packaging and measures
p.000013: to be taken for the sale of foodstuffs will be fixed by Decree taken by the Government Council on
p.000013: proposal by the Ministers concerned.
p.000013: Manufacturing, processing and marketing of tobacco products, beverages
p.000013: alcoholic and hygienic drinks must comply with the laws and regulations in force in
p.000013: the matter, under penalty of being confiscated, without prejudice to the sanctions provided for this purpose by the texts
p.000013: legislative and regulatory.
p.000013: Article 45.- Anyone working in a manufacturing or food handling company is
p.000013: required to comply with health control measures and compulsory vaccinations likely to be enacted
p.000013: by the Minister of Health.
p.000013: Article 46.- In accordance with specific legal provisions relating to consumer protection, in particular
p.000013: with regard to prevention, products and services must offer the necessary security in terms
p.000013: guarantee for the preservation of consumer health, and this, from the first placing on the market:
p.000013: products must comply with the conditions laid down by law and regulations in force relating to the
p.000013: safety and health of people.
p.000013: Registration of any food establishment is compulsory. Consequently, any establishment
p.000013: food, catering and importer of food, must be registered
p.000013: and declare their products placed on the market with the Health Security and Quality Control Agency
p.000013: Food.
p.000013: These measures aim to ensure the control and quality of foodstuffs offered for human consumption on
p.000013: the territory of the Republic of Madagascar, and in order to avoid possible risks of intoxication likely
p.000013: negative public health impacts.
p.000013: Customs clearance or the sale of foodstuffs can only be done when
p.000013: the importer or seller is in possession of documents certifying that they are clean
p.000013: for human consumption and can be marketed. These documents are issued respectively
p.000013: by the Ministry responsible for Health and by the Ministry responsible for Trade.
p.000013: Article 47.- Food products of animal origin, from groups of animals fed under concentrates
p.000013: essential protein, that the case of Stephen Jacob's disease called
p.000014: 14
p.000014: commonly "mad cow disease" has been detected or not in cattle, are declared unfit for
p.000014: human consumption and prohibited for sale commercially in Madagascar.
p.000014: Food products of animal origin, derived from animals struck with fatal epidemic disease in animals,
p.000014: can contaminate at serious or lower risk, humans, regardless of the germ involved and
p.000014: particularly for foot and mouth disease and avian influenza, are declared unfit for consumption
p.000014: human and therefore contraindicated for food and prohibited from selling or entering the Territory
p.000014: National.
p.000014: Article 48.- Food products of plant origin, having been cultivated under the mode
p.000014: specific to Genetically Modified Organisms called GMOs, are the subject of a declaration
p.000014: classifying it dangerous for human consumption because of the risks of genome modification they make
p.000014: run to the consumer. Their sale as a foodstuff is prohibited across the Territory
p.000014: National.
p.000014: Article 49.- The modalities of application of the provisions of articles 41 to 48 will be fixed by regulatory means.
p.000014: More specifically, with regard to the provisions of article 47 on reputed animal diseases
...

Health / Mentally Disabled

Searching for indicator disabled:

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p.000057: following the recommendation of the Libreville Declaration. Any program, any plan, any project whose
p.000057: activities may harm human health must be the subject of Health Impact Assessments, in accordance with the text
p.000057: in force concerning the MECIE (Accounting for Investments with the Environment).
p.000058: 58
p.000058: BOOK V
p.000058: OF THE CONTROL OF NON-COMMUNICABLE DISEASES
p.000058: FIRST TITLE
p.000058: LIFE-RELATED DISEASE MEASURES
p.000058: Article 248.- The State must provide for the needs of any citizen who, by reason of his age or his motor incapacity,
p.000058: sensory or mental, is unable to work, in particular by the institution of organisms to
p.000058: social characters.
p.000058: Article 248 bis.- The Law provides for measures to eliminate the inequalities affecting people with disabilities.
p.000058: The duration and working conditions must not affect the health or the dignity of the worker.
p.000058: Article 249.- The list of diseases to which these provisions apply as well as the measures for
p.000058: fight against chronic and disabling diseases are determined by regulatory texts taken by the
p.000058: Minister of Health. This list can be modified under the same conditions as above depending on
p.000058: possible new forms of disease.
p.000058: Article 250.- The implementation, in all fields, of the promotion of the prevention of chronic diseases not
p.000058: transmissible is set by regulatory texts from the Ministry of Health.
p.000058: Article 251.- Pursuant to Law No. 97-044 of February 2, 1998 on the disabled and
p.000058: subsequent texts, the organization and care arrangements for people with disabilities in the
p.000058: Community-based rehabilitation frameworks are set by regulation.
p.000058: Article 252.- The associations for the fight against chronic and disabling diseases provide assistance to the sick and
p.000058: their families and participate in the organization of awareness campaigns on the subject. The organization and
p.000058: the functioning of these associations are fixed by order of the Minister of Health.
p.000058: In particular, measures to prevent trauma and violence must be implemented, in particular
p.000058: for road safety, the prevention of different types of violence, the prevention of drownings, burns,
p.000058: falls, poisoning / poisoning.
p.000058: Everyone who has suffered trauma and / or violence has the right to proper care since the
p.000058: location of the incident up to the level of the health facilities.
p.000058: TITLE II
p.000058: MEASURES TO COMBAT EYE DISEASES
p.000058: Article 253.- Any person with an eye disease has the right to proper care at the level of
p.000058: specialized centers, provided with consumable equipment and medicines and placed under the responsibility and under the
p.000058: specialist in ophthalmology.
p.000058: Within the framework of the regulations in force concerning both state services and centers
p.000058: or private specialists, the acquisition or recovery of good eye health manifested by a
p.000058: binocular vision intact and free from any pathology results from the combined action of various strategies such
...

p.000064: Article 274.- The National Health Policy includes in particular two strategic axes which concern the Program
p.000064: Expanded Vaccination in Madagascar: the promotion and protection of health and the fight against diseases.
p.000064: The objectives of the Expanded Program on Vaccination are in particular to control the diseases to be the object
p.000064: prevention through immunization, expanding access to immunization services to people in rural areas
p.000064: and peri-urban areas to reduce the gaps and avoid the creation of high-risk areas for target patients,
p.000064: promote intersectoral collaboration and ensure the sustainability of the Program.
p.000064: The implementation of the Expanded Program on Vaccination is ensured by the competent services of the Ministry
p.000064: responsible for health.
p.000064: Article 274 bis.- The State, through the Ministry of Health, must provide assistance
p.000064: comprehensive on child and adolescent health programs, allowing the participation of non-governmental entities
p.000064: governmental and respecting in particular the following precepts:
p.000064: - allocation of a percentage of public funds for mothers and health care for children;
p.000064: - creation of preventive and specialized care programs for people with motor, sensory or mental disabilities;
p.000064: - creation of programs for the social integration of disabled people and adolescents
p.000064: disadvantaged through specialized training and oriented towards their integration into life
p.000064: professional and community;
p.000064: - creation of specialized prevention and treatment programs for children and young people who consume
p.000064: narcotics and related drugs.
p.000065: 65
p.000065: TITLE III
p.000065: SCHOOL AND UNIVERSITY HEALTH
p.000065: Article 275.- Medical services concerned with the health of university students,
p.000065: grandes écoles and other institutions, private or public, of higher level, as well as pupils and
p.000065: teaching staff from secondary, technical and educational establishments
p.000065: base are organized by decree taken in the Government Council on the proposal of the
p.000065: Minister of Health.
p.000065: The regulations thus provided must in particular govern:
p.000065: - the attributions of the services;
p.000065: - the place they occupy within the general organization of the Ministry and the communities
p.000065: territorial;
p.000065: - the establishment of compulsory periodic medical examinations, subject to control and monitoring under
p.000065: the authority of the Ministry of Health;
p.000065: - the implementation of a policy to promote hygienic conditions, sanitation of
p.000065: university and school infrastructure and good, nutrition and food safety;
p.000065: - the enumeration of measures relating to the national health policy which should strengthen the programs
p.000065: measures, in particular for children, and in order to generate, within communities and families,
p.000065: behavioral changes with regard to compliance with collective hygiene rules;
...

Searching for indicator mentally:

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p.000060: related as well as those governing the industrialization, importation, marketing and consumption of
p.000060: tobacco products in Madagascar;
p.000060: • The regulatory texts governing the creation, organization and operation of the National Office
p.000060: of Tobacco Control of the Ministry in charge of Health.
p.000060: TITLE IV
p.000060: MEASURES TO COMBAT MENTAL ILLNESSES
p.000060: Article 257.- The list of diseases to which these provisions apply as well as the measures for
p.000060: fight against mental illnesses are determined by regulatory text of the Minister of Health.
p.000060: Article 258.- This list can be modified under the same conditions as above depending on
p.000060: possible new forms of disease.
p.000060: Article 259.- The main objectives of the fight against mental illness are as follows:
p.000060: 1- take into account the progress made in the prevention and diagnosis of mental illnesses,
p.000060: quality of care and the nature of the drugs administered to patients with mental disorders, monitoring of
p.000060: patients left in a family, social environment or in a non-hospital structure or even hospitalized,
p.000060: rehabilitation and social reintegration;
p.000060: 2- design on this basis a mental health promotion policy through the definition of
p.000060: missions entrusted to establishments providing hospital services depending on the State or to any
p.000060: legal entity of public or private law participating in the implementation of the health promotion policy
p.000060: mental;
p.000060: 3- redefine the status of the mentally ill, its protection as an incapable person, adult or
p.000060: infant-juvenile minor;
p.000060: 4- set up a system for individualizing protective measures for patients suffering from
p.000060: mental disorders.
p.000060: As necessary, these objectives may be subject to re-evaluation by regulatory text
p.000060: of application taken by the Minister of Health.
p.000060: TITLE V
p.000060: DUTIES AND MEASURES
p.000060: Article 260.- Ministerial Departments, Institutions, NGOs and Civil Society have the duty to implement
p.000060: implements programs aimed at promoting the measures enacted with a view to:
p.000060: • to prevent all forms of noncommunicable diseases, particularly in the workplace, to practice
p.000060: sports and leisure, in schools and universities and in all covered public places
p.000060: or deemed to be covered;
p.000061: 61
p.000061: • to include in national development plans, programs and strategies, the
p.000061: prevention, early diagnosis and adequate management of the diseases referred to above;
p.000061: • collaborate with financial partners to facilitate access to treatment for these diseases.
p.000061: Article 261.- In addition to any applicable administrative or police measures, the transgression of
p.000061: provisions of regulatory texts aimed at preventing the spread of noncommunicable diseases is
p.000061: punished in accordance with the provisions of articles 329 to 330 of this Code, depending on the nature of the offenses
p.000061: committed in the matter.
...

Health / Mentally Incapacitated

Searching for indicator incapable:

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p.000060: tobacco products in Madagascar;
p.000060: • The regulatory texts governing the creation, organization and operation of the National Office
p.000060: of Tobacco Control of the Ministry in charge of Health.
p.000060: TITLE IV
p.000060: MEASURES TO COMBAT MENTAL ILLNESSES
p.000060: Article 257.- The list of diseases to which these provisions apply as well as the measures for
p.000060: fight against mental illnesses are determined by regulatory text of the Minister of Health.
p.000060: Article 258.- This list can be modified under the same conditions as above depending on
p.000060: possible new forms of disease.
p.000060: Article 259.- The main objectives of the fight against mental illness are as follows:
p.000060: 1- take into account the progress made in the prevention and diagnosis of mental illnesses,
p.000060: quality of care and the nature of the drugs administered to patients with mental disorders, monitoring of
p.000060: patients left in a family, social environment or in a non-hospital structure or even hospitalized,
p.000060: rehabilitation and social reintegration;
p.000060: 2- design on this basis a mental health promotion policy through the definition of
p.000060: missions entrusted to establishments providing hospital services depending on the State or to any
p.000060: legal entity of public or private law participating in the implementation of the health promotion policy
p.000060: mental;
p.000060: 3- redefine the status of the mentally ill, its protection as an incapable person, adult or
p.000060: infant-juvenile minor;
p.000060: 4- set up a system for individualizing protective measures for patients suffering from
p.000060: mental disorders.
p.000060: As necessary, these objectives may be subject to re-evaluation by regulatory text
p.000060: of application taken by the Minister of Health.
p.000060: TITLE V
p.000060: DUTIES AND MEASURES
p.000060: Article 260.- Ministerial Departments, Institutions, NGOs and Civil Society have the duty to implement
p.000060: implements programs aimed at promoting the measures enacted with a view to:
p.000060: • to prevent all forms of noncommunicable diseases, particularly in the workplace, to practice
p.000060: sports and leisure, in schools and universities and in all covered public places
p.000060: or deemed to be covered;
p.000061: 61
p.000061: • to include in national development plans, programs and strategies, the
p.000061: prevention, early diagnosis and adequate management of the diseases referred to above;
p.000061: • collaborate with financial partners to facilitate access to treatment for these diseases.
p.000061: Article 261.- In addition to any applicable administrative or police measures, the transgression of
p.000061: provisions of regulatory texts aimed at preventing the spread of noncommunicable diseases is
p.000061: punished in accordance with the provisions of articles 329 to 330 of this Code, depending on the nature of the offenses
p.000061: committed in the matter.
p.000061: Article 262.- Oral conditions to which these provisions apply as well as
p.000061: oral disease control measures are determined by regulation at the behest of the
p.000061: Minister of Health.
p.000061: BOOK VI
...

Health / Motherhood/Family

Searching for indicator family:

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p.000001: LAW n ° 2011-002
p.000001: on the Health Code EXPLANATORY MEMORANDUM
p.000001: The Law on the Health Code which is the subject of this Explanatory Memorandum is intended to replace
p.000001: Ordinance n ° 62.072 of September 29, 1962 codifying legislative texts concerning Public Health.
p.000001: More than fifty years have passed between the two Codes during which important data impacting
p.000001: changes in population health have taken place. New institutional structures and
p.000001: administrative procedures have been put in place. The responsibilities of the Ministry of Health are
p.000001: considerably increased, while notable progress has been made in the areas of
p.000001: Ministry of Health.
p.000001: The conception of the National Health Policy was itself strongly marked by fundamental texts
p.000001: international and national, the main ones worth mentioning.
p.000001: In the field of International Law and during the fifty years which separate the two Codes,
p.000001: important International Conventions have been ratified by Madagascar, which invite all States Parties to do
p.000001: make tangible progress in their health policy.
p.000001: We can cite in particular, in the Universal Declaration of Human Rights, the article
p.000001: 25:
p.000001: 1) “Everyone has the right to a standard of living sufficient to ensure his health, well-being and those of his
p.000001: family, in particular… medical care and necessary social services… ”;
p.000001: 2) "Maternity and childhood have the right to special care and assistance".
p.000001: In the International Covenant on Economic, Social and Cultural Rights, we can note Article 12 which provides
p.000001: :
p.000001: 1. "The States Parties to the present Covenant recognize the right of everyone to the enjoyment of the highest standard of health
p.000001: physical and mental that she is able to achieve. "
p.000001: 2. The measures which the States Parties to the present Covenant will take to ensure the full exercise of this right must
p.000001: understand the measures necessary to ensure:
p.000001: at. the decrease in stillbirth and infant mortality, as well as the development
p.000001: healthy child;
p.000001: b. improvement of all aspects of environmental and industrial hygiene;
p.000001: vs. the prophylaxis and treatment of epidemic, occupational and other diseases, as well as the fight against these
p.000001: diseases;
p.000001: d. the creation of conditions capable of providing all medical services and medical aid in the event of illness ”.
p.000001: 1
p.000001: On the National Plan
p.000001: The Constitution contains some provisions concerning the protection of the individual and his
p.000001: health.
p.000001: We can notably mention the provisions which stipulate that the "State recognizes and organizes at all
p.000001: individual the right to protection of his health from conception ", and also that" the State ensures the protection of
p.000001: family for its free development as well as that of the mother and the child by legislation and by
p.000001: appropriate social institutions ”.
p.000001: The Government is committed to achieving real and tangible development by giving priority to
p.000001: Transformational Reform Initiatives.
p.000001: Proceeding with the analysis of poverty, the Government mapped out the strategies and the various actions which
p.000001: lead to rapid economic growth, contribute to poverty reduction and enable
p.000001: countries to take advantage of the challenges of globalization, in line with the Millennium Development Goals.
p.000001: The National Health Policy strategies and projects include 8 commitments, aim
p.000001: essentially an effective reduction in poverty and a tangible improvement in the quality of life
p.000001: Malagasy.
p.000001: Concerning more particularly the Health / Population component, the Government has been constantly concerned
p.000001: to maintain the population in good health, that is to say in a complete state of physical, mental and
p.000001: social. Indeed, such a population can contribute to the development of the Nation and lead to
p.000001: long and fruitful lives. It thus constitutes the fundamental lever of development.
p.000001: We therefore understand that the Government, taking into account the latest available data on the state
p.000001: of the population and in particular of the most vulnerable social groups, defined the major
p.000001: lines of a health policy which includes in particular Health, Family Planning and the Fight against HIV / AIDS.
p.000001: The action program of the Health Sector has focused on eight (08) components which consist of:
p.000001: • ensuring the provision of quality health services to all;
p.000001: • eliminate the main communicable diseases;
p.000001: • win the fight against HIV / AIDS;
p.000001: • implement an effective family planning strategy;
p.000001: • reduce infant and child mortality;
p.000001: • reduce maternal and newborn mortality;
p.000001: • improve nutrition and food security;
p.000001: • supply the population with drinking water and generalize hygienic and sanitary practices.
p.000001: Thus, the problems of malnutrition and malaria will be solved; the trend of the spread of the
p.000001: HIV / AIDS will be reversed; drinking water will become accessible and the average size of the Malagasy family will be reduced,
p.000001: through education and the provision of health services.
p.000001: Taking into account these different statements, but above all the new socio-economic context to which the
p.000001: Government must cope, the Ministry of Health has made the decision to implement a new
p.000001: Health Code, inspired by preparatory work going back to different workshops organized in 1997 but
p.000001: enriched considerably thanks to a collective reflection involving the active participation of the Directorates,
p.000001: Services and Partners. The objective aims to put in the hands of health professionals and
p.000001: Service de la Population, an updated, credible and accessible legal instrument for all.
p.000002: 2
p.000002: The content of the law
p.000002: The Law on the Health Code contains 360 articles, compared to 117 articles for the former Public Health Code.
p.000002: Furthermore, it should be noted that, in compliance with the provisions of the Constitution relating to the field of
p.000002: law and regulations, the new project mainly defines the general principles of the organization and
p.000002: functioning of the Health Sector. It must be supplemented by decrees or orders concerning the procedures
p.000002: and rules which are not necessarily general principles.
p.000002: The 360 ​​articles of the new Code are divided into 10 Books which have been, as far as possible, logically
p.000002: classified and in which were inserted the new elements intended to enrich the National Policy of
p.000002: Health.
p.000002: The Preliminary Book is new in the presentation of the Code because it brings together various rules
p.000002: principles of the general organization of hospitals and Health Services in accordance
p.000002: to the National Policy on Hospital Reform. Introduces new requirements for Commissions
...

p.000002: strengthened.
p.000002: Book II is devoted to the medical, paramedical and traditional medicine professions. To the
p.000002: alongside the already known but specified provisions, innovations have been introduced concerning the
p.000002: profession of medical auxiliaries and recognition of the legality of the practice of traditional medicine,
p.000002: without omitting to legally limit this recognition, in order to avoid the proliferation of charlatanism in the
p.000002: profession.
p.000002: Book III relates to medicines, pharmacy and the conditions of exercise of the profession of
p.000002: pharmacy. Innovative rules concern the national pharmaceutical policy, the definition of drugs, the
p.000002: clinical trials, advertising, wholesale import establishments, managed pharmacies
p.000002: particular, the traditional pharmacopoeia and the liberalization of operations concerning the sale of medicines and
p.000002: other health goods.
p.000002: Book IV sets out in a normal order - that of the competent services - the procedures for combating
p.000002: contagious diseases. In addition, the case of other emerging and re-emerging diseases is discussed, and
p.000002: special mention concerns infectious diarrheal diseases, including cholera and
p.000002: sexually transmitted diseases.
p.000002: Book V concerns noncommunicable diseases but strengthens the provisions relating to chronic diseases and
p.000002: debilitating, eye diseases, the fight against drug addiction and mental illnesses, without forgetting health
p.000002: Oral.
p.000002: Book VI requires special attention because it contains fundamental provisions taken from the Conventions
p.000002: protection of the family and the child. In addition, it introduces innovations on
p.000002: reproductive health and school and university health. It integrates into the Code of
p.000002: National Nutrition Policy and the Expanded Program on Immunization.
p.000003: 3
p.000003: Book VII reinforces provisions already known but requiring clarification on analysis laboratories
p.000003: medical, on blood and its derivatives and on the control of the handling of microbial products. A
p.000003: particular attention has been paid to the provisions intended to govern blood transfusion.
p.000003: Book VIII fixes the classification of the responsibilities of the personnel coming under the Ministry in charge of
p.000003: Health as well as those of its service providers and the resulting claims in the event of default.
p.000003: Book IX groups together the penalties and disciplinary measures applicable in the event of an offense. Sentences and measures
p.000003: arranged in agreement with all stakeholders in the health sector, given the seriousness of the offenses committed
p.000003: that these are public health activities.
p.000003: Book X relates to various and transitional provisions. It provides for transitional arrangements
p.000003: which must be designed or maintained pending the effective establishment of future
p.000003: the Fourth Republic.
p.000003: This is the purpose of this Law.
p.000004: 4
p.000004: PRESIDENCY OF THE HIGH AUTHORITY OF THE TRANSITION
p.000004: ---------------------
p.000004: LAW n ° 2011 - 002
p.000004: bearing the Health Code
p.000004: The Congress of the Transition and the Superior Council of the Transition adopted in their meetings
p.000004: as of May 24, 2011 and May 27, 2011,
...

p.000024: the existence of an act of corruption.
p.000024: 3- In addition to the aforementioned prohibitions concerning the exercise of the profession of doctor, paramedics,
p.000024: medical auxiliaries and traditional healers are prohibited:
p.000024: - any direct or indirect form of promotion campaign promoting awareness of medical specialties
p.000024: or the instruments and materials that we have and that are likely, by their recent and unusual character
p.000024: to attract customers;
p.000024: - any direct or indirect form of advertising aimed at encouraging customer loyalty.
p.000025: 25
p.000025: Transgression of the above-mentioned prohibitions is subject to the penalties provided for in the matter under the provisions
p.000025: of Book IX of this Code.
p.000025: Article 90.- Any member of the medical and paramedical corps, in the exercise of the profession, can be prosecuted
p.000025: homicide, assault and battery, as provided for in articles 319 and 320 of the Penal Code.
p.000025: Article 91.- In the case of infirmity or medical condition of a member of the Medical or Paramedical Corps,
p.000025: making the exercise of the profession dangerous, the Council of the Order to which it belongs can pronounce on it,
p.000025: temporary suspension for a fixed but renewable period of the right to exercise.
p.000025: The definitive suspension or the refusal of the right to exercise can be pronounced in the event of confirmation
p.000025: of a state of alienation of the health professional. However, the temporary or permanent suspension of the right
p.000025: to exercise can only be pronounced on a reasoned report drawn up by two (2) experts, one of whom is chosen by the interested party or
p.000025: his family and the other designated by the Council of the Order concerned. The report prepared by these experts is at
p.000025: send it within a maximum of two (02) months to the Council of the Order concerned, which transmits to
p.000025: Minister of Health making his decision. In the event of default by the person concerned or his family in
p.000025: the choice of the expert, the Employer Service, at the request of the Council of the Order concerned, must choose one.
p.000025: TITLE III
p.000025: OF THE NURSING PROFESSION,
p.000025: OTHER MEDICAL AND TRADIPRATICIANS
p.000025: Article 92.- Any person who has received a professional training is considered to be practicing the profession of physiotherapist masseur.
p.000025: adequate professional training and holder of a diploma recognized by the State and regulated by Decree taken
p.000025: in a Council of Government on the proposal of the Minister of Health.
p.000025: The physiotherapist masseur aims to perform acts manually or instrumental to
p.000025: rehabilitation purposes, aimed at preventing impairment of functional capacity, to compete
p.000025: to maintain them and when they are altered, to restore or replace them.
p.000025: In the exercise of his activity, the physiotherapist must take into account the
p.000025: psychological and cultural characteristics of each patient, to respect his personality and to abstain from everything
p.000025: act likely to affect the patient's bodily integrity.
p.000025: Illegally practicing the profession of physiotherapist masseur any person who, without the required diploma for this
p.000025: Indeed, usually practices the acts devolved to the physiotherapist masseur and usurps the title.
p.000025: Article 93.- Any person holding a nursing profession is considered to be practicing nursing.
p.000025: diploma of nurse delivered by a School of nursing recognized by the Malagasy State. The exercise of the profession
...

p.000060: World Health for Tobacco Control;
p.000060: • the Decision of the High Constitutional Court n ° 23-HCC / D1 of September 8, 2004 relating to Law n °
p.000060: 2004-029 of September 9, 2004 authorizing the ratification of the Framework Convention of the World Health Organization
p.000060: for Tobacco Control;
p.000060: • Ordinance No. 60-098 of September 21, 1960 relating to the regulation of beverages and its implementing decrees
p.000060: as well as any subsequent texts;
p.000060: • The laws and regulations in force in the fight against drugs and criminal activities
p.000060: related as well as those governing the industrialization, importation, marketing and consumption of
p.000060: tobacco products in Madagascar;
p.000060: • The regulatory texts governing the creation, organization and operation of the National Office
p.000060: of Tobacco Control of the Ministry in charge of Health.
p.000060: TITLE IV
p.000060: MEASURES TO COMBAT MENTAL ILLNESSES
p.000060: Article 257.- The list of diseases to which these provisions apply as well as the measures for
p.000060: fight against mental illnesses are determined by regulatory text of the Minister of Health.
p.000060: Article 258.- This list can be modified under the same conditions as above depending on
p.000060: possible new forms of disease.
p.000060: Article 259.- The main objectives of the fight against mental illness are as follows:
p.000060: 1- take into account the progress made in the prevention and diagnosis of mental illnesses,
p.000060: quality of care and the nature of the drugs administered to patients with mental disorders, monitoring of
p.000060: patients left in a family, social environment or in a non-hospital structure or even hospitalized,
p.000060: rehabilitation and social reintegration;
p.000060: 2- design on this basis a mental health promotion policy through the definition of
p.000060: missions entrusted to establishments providing hospital services depending on the State or to any
p.000060: legal entity of public or private law participating in the implementation of the health promotion policy
p.000060: mental;
p.000060: 3- redefine the status of the mentally ill, its protection as an incapable person, adult or
p.000060: infant-juvenile minor;
p.000060: 4- set up a system for individualizing protective measures for patients suffering from
p.000060: mental disorders.
p.000060: As necessary, these objectives may be subject to re-evaluation by regulatory text
p.000060: of application taken by the Minister of Health.
p.000060: TITLE V
p.000060: DUTIES AND MEASURES
p.000060: Article 260.- Ministerial Departments, Institutions, NGOs and Civil Society have the duty to implement
p.000060: implements programs aimed at promoting the measures enacted with a view to:
p.000060: • to prevent all forms of noncommunicable diseases, particularly in the workplace, to practice
p.000060: sports and leisure, in schools and universities and in all covered public places
p.000060: or deemed to be covered;
p.000061: 61
p.000061: • to include in national development plans, programs and strategies, the
p.000061: prevention, early diagnosis and adequate management of the diseases referred to above;
p.000061: • collaborate with financial partners to facilitate access to treatment for these diseases.
p.000061: Article 261.- In addition to any applicable administrative or police measures, the transgression of
p.000061: provisions of regulatory texts aimed at preventing the spread of noncommunicable diseases is
p.000061: punished in accordance with the provisions of articles 329 to 330 of this Code, depending on the nature of the offenses
p.000061: committed in the matter.
p.000061: Article 262.- Oral conditions to which these provisions apply as well as
p.000061: oral disease control measures are determined by regulation at the behest of the
p.000061: Minister of Health.
p.000061: BOOK VI
p.000061: FAMILY HEALTH PROTECTION
p.000061: PRELIMINARY TITLE
p.000061: GENERAL INFORMATION ON THE PROTECTION OF MOTHER AND CHILD
p.000061: Article 262 bis.- Health is the right of every person and the duty of the State and is guaranteed through
p.000061: social and economic policies to reduce the risk of disease and other hazards and to facilitate access
p.000061: universal and equitable to all actions and services for the promotion, protection and restoration of
p.000061: health.
p.000061: Article 263.- The provisions regulating the health protection of the family, and more particularly
p.000061: of women and children, are inseparable from the provisions contained in the International Conventions and in
p.000061: National Law constituting the legal framework for the protection of the person of women and children.
p.000061: Article 264.- The following fundamental rules contained in the International Conventions, in
p.000061: the Constitution and in the National Law contribute to protect the family and the person of the woman:
p.000061: - the family, the natural and fundamental element of society, is protected by the State which ensures its freedom
p.000061: fulfillment as well as that of mother and child through legislation and social institutions
p.000061: appropriate;
p.000061: - based on the equality of men and women, during pregnancy, during childbirth and after
p.000061: delivery of appropriate and free services when needed, as well as adequate nutrition during
p.000061: pregnancy and breastfeeding;
p.000061: - the State recognizes the right of everyone to an adequate standard of living for himself and his family, including
p.000061: including adequate food, clothing and accommodation, as well as constant improvement in conditions
p.000061: of existence and also the right to enjoy the best physical and mental health
p.000061: able to reach;
p.000061: - the Malagasy Criminal Code severely sanctions anyone who has favored or attempted to promote abortion. of the
p.000061: aggravated sentences are provided for members of medical or paramedical personnel who have committed the same
p.000061: facts;
p.000061: - the Malagasy Penal Code includes in its article 63 a provision which makes it possible to sanction a person who
p.000061: willfully refrain from providing assistance to another person in danger that they could provide
p.000061: either by his personal action, or by provoking help. This article applies to any member of the body
p.000061: midwifery who refrain from administering the care required of a woman by
p.000061: peril during childbirth.
p.000062: 62
p.000062: Article 265.- The following rules, which enshrine the best interests of the child in society,
p.000062: contained in International Conventions and in National Law ensure the protection and
p.000062: safeguarding the physical and moral integrity of the child:
p.000062: - the State recognizes that every child has an inherent right to life and ensures as far as possible the
p.000062: child survival and development;
p.000062: - the State undertakes to respect the right of the child to preserve his identity, his name and his family relationships
p.000062: ;
p.000062: - the State ensures that the child has access to information aimed at promoting his social well-being,
p.000062: spiritual and moral as well as physical and mental health;
p.000062: - the state protects children and adolescents from all forms of violence, attack or brutality
p.000062: physical or mental, neglect or neglect, including abuse, violence and sexual exploitation that
p.000062: the law punishes severely. In this perspective, the Malagasy Penal Code protects the child against infanticide,
p.000062: physical harm to minor children, violence or deprivation seriously affecting health or
p.000062: a child's physical integrity;
p.000062: - children have the right to the best possible health and to benefit from services
p.000062: medical and rehabilitation. The State strives to guarantee every child access to health services;
p.000062: - the state must take all appropriate measures to fight disease and malnutrition, provide
p.000062: in the context of primary health care, ensuring the provision of nutritious food and drinking water;
p.000062: - the child occupies a privileged place within the family: he has the right to material and moral security
p.000062: as complete as possible;
p.000062: - the responsibility for its education belongs in the first place to the family which, however in case
p.000062: failure, must be helped and assisted by the public authorities.
p.000062: FIRST TITLE
p.000062: REPRODUCTIVE HEALTH
p.000062: FIRST CHAPTER
p.000062: PROVISIONS FOR LOWER RISK MATERNITY
p.000062: Article 266.- The health and social protection of pregnant women and mothers as well as that of children without
p.000062: not more than two (2) years completed is organized under the conditions set by decree taken in the Council of Government
p.000062: on the proposal of the Minister of Health.
p.000062: Article 267.- All practices having negative repercussions on the evolution of pregnancy,
p.000062: childbirth, postpartum and the postnatal period are punished with the penalties provided for in the provisions of
p.000062: Article 346 of this Code.
p.000062: The doctor has a duty to advise patients on the prevention of unwanted pregnancies.
p.000062: It is up to the State to set up special, quality health services accessible to
p.000062: women with complications related to pregnancy, childbirth, postpartum, postpartum
p.000062: birth rate and abortion.
p.000062: More particularly, concerning the prevention of gynecological cancers, health facilities have the duty
p.000062: make available to women between the ages of twenty five and fifty the appropriate information for the
p.000062: prevention of cervical cancer and breast cancer. The doctor has a duty to give advice
p.000062: to women on the prevention of gynecological cancers.
p.000062: Article 268.- Every woman has the right to benefit from screening for cervical cancer by Visual Inspection
p.000062: Acetic Acid (IVA) or by Pap smear at least once in their lifetime.
p.000063: 63
p.000063: It is up to the State to set up special and accessible health services for women suffering from
p.000063: cervical cancer and breast cancer to be available for:
p.000063: - the diagnosis ; and
p.000063: - the management of these cancers.
p.000063: CHAPTER II
p.000063: FAMILY PLANNING
p.000063: Article 269.- The Minister in charge of Health, the Minister of Telecommunications, Post and Communication
p.000063: and the Minister of Transport and Tourism are responsible for raising public awareness
p.000063: on Reproductive Health. The Ministry of Health monitors the quality of
p.000063: services provided.
p.000063: A new review of the legislative and regulatory provisions relating to the sale, use of
p.000063: contraceptives and the advertising of which they are the subject must be carried out jointly by the above Ministries
p.000063: mentioned to which is added the Ministry of Justice.
p.000063: CHAPTER III
p.000063: ADOLESCENT AND YOUNG REPRODUCTIVE HEALTH
p.000063: Article 270.- Organizations offering health services targeting people aged ten to nineteen,
p.000063: say adolescent girls, as well as those aged fifteen to twenty four, say young people, have the duty to
p.000063: make available to them appropriate information for the promotion of sexual behavior
p.000063: safe and responsible.
p.000063: CHAPTER IV
p.000063: MEDICALLY ASSISTED PROCREATION AND GENETIC ENGINEERING
p.000063: Article 271.- Special health establishments accessible to adolescents and young people are authorized to
p.000063: offer services of:
p.000063: - prevention and treatment of infections of the genital and urinary tracts including Sexually Infections
p.000063: Transferable; as well as medical and surgical complications related to induced abortions,
p.000063: early pregnancies, and unwanted or unwanted pregnancies resulting from acts of violence or others;
p.000063: - prevention and treatment of infertility;
p.000063: - prenuptial consultation;
p.000063: - education in family life.
p.000063: Article 271 bis.- Human beings and their environment must be protected against abuse in matters of procreation
p.000063: medically assisted and genetic engineering.
p.000063: The State, through the Ministry of Health, legislates on the use of germinal and genetic heritage
p.000063: human. In doing so, it ensures the protection of human dignity, of the person and of the family and
p.000063: respects in particular the following principles:
p.000063: - any form of cloning and any intervention in the genetic heritage of gametes and embryos
p.000063: humans are prohibited;
p.000063: - the non-human genetic and germinal heritage can neither be transferred to the human germinal heritage nor
p.000063: merged with it;
p.000063: - the use of medically assisted procreation methods is only authorized when sterility or the danger of
p.000063: transmission of a serious illness cannot be ruled out in any other way, not to develop in the child
p.000063: certain qualities or for any purpose of eugenics as well as to satisfy research;
p.000064: 64
p.000064: - fertilization of human eggs outside the woman's body is only authorized under the conditions provided by law;
p.000064: only the number of human eggs can be developed outside the female body up to the embryo stage
p.000064: can be immediately implemented;
p.000064: - embryo donation and all forms of surrogacy are prohibited;
p.000064: - human germinal material or products resulting from embryos cannot be traded;
p.000064: - a person's genetic heritage can only be analyzed, recorded and communicated with the consent of
p.000064: this or by law;
p.000064: - everyone has access to data relating to their ancestry.
p.000064: TITLE II
p.000064: CHILD HEALTH PROTECTION
...

p.000065: the authority of the Ministry of Health;
p.000065: - the implementation of a policy to promote hygienic conditions, sanitation of
p.000065: university and school infrastructure and good, nutrition and food safety;
p.000065: - the enumeration of measures relating to the national health policy which should strengthen the programs
p.000065: measures, in particular for children, and in order to generate, within communities and families,
p.000065: behavioral changes with regard to compliance with collective hygiene rules;
p.000065: - the vaccination obligation for all children, before admission to a school;
p.000065: - the obligation for all students to meet the vaccinations declared compulsory during schooling.
p.000065: Article 276.- The Minister of Health is concerned with respecting the norms and standards of
p.000065: "Health school".
p.000065: The regulations thus provided must in particular govern:
p.000065: - the installation of norms and standards in school health, whether at service level
p.000065: medical than at school and university level;
p.000065: - monitoring their effective application at all levels;
p.000065: - the participation of the Hygiene and Health Committee in the establishment of the components of "the school
p.000065: health ”for sustainability;
p.000065: - monitoring their effective application in schools.
p.000065: The terms of implementation and application of the previous two articles must be specified by
p.000065: regulatory route.
p.000065: TITLE IV
p.000065: PROTECTION OF THE FAMILY AND SOCIAL RIGHTS OF THE CHILD
p.000065: Article 277.- In addition to the provisions of Law No. 2007-023 of August 20, 2007 on the rights and protection of children,
p.000065: from birth, every child has the right to civil registration.
p.000065: Without prejudice to the provisions of Law No. 61-025 of October 9, 1961, as amended by Law No. 90-015 of July 1990
p.000065: relating to civil status acts, deliveries attended by doctors and midwives
p.000065: obligation to the latter, from the birth of the child or failing this, within a period not exceeding twelve days from
p.000065: from birth, to send a certificate to the registrar of the place of delivery
p.000065: indicating that the birth of the child occurred on a given day, at a certain time, at a certain location.
p.000066: 66
p.000066: The child's surname, chosen by the mother or the recognized competent parental authority, must appear in
p.000066: the certificate.
p.000066: Article 278.- Without prejudice to the provisions of the Law relating to acts of civil status and those of laws
p.000066: civil, the registrar is required, upon receipt of the certificate, to write immediately
p.000066: the birth certificate and signing with the declarant. Nevertheless, in case of doubt about the authenticity
p.000066: of the declarations contained in the certificate, the Civil Status Officer may have the sincerity of said said checked
...

Health / Physically Disabled

Searching for indicator illness:

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p.000001: In the field of International Law and during the fifty years which separate the two Codes,
p.000001: important International Conventions have been ratified by Madagascar, which invite all States Parties to do
p.000001: make tangible progress in their health policy.
p.000001: We can cite in particular, in the Universal Declaration of Human Rights, the article
p.000001: 25:
p.000001: 1) “Everyone has the right to a standard of living sufficient to ensure his health, well-being and those of his
p.000001: family, in particular… medical care and necessary social services… ”;
p.000001: 2) "Maternity and childhood have the right to special care and assistance".
p.000001: In the International Covenant on Economic, Social and Cultural Rights, we can note Article 12 which provides
p.000001: :
p.000001: 1. "The States Parties to the present Covenant recognize the right of everyone to the enjoyment of the highest standard of health
p.000001: physical and mental that she is able to achieve. "
p.000001: 2. The measures which the States Parties to the present Covenant will take to ensure the full exercise of this right must
p.000001: understand the measures necessary to ensure:
p.000001: at. the decrease in stillbirth and infant mortality, as well as the development
p.000001: healthy child;
p.000001: b. improvement of all aspects of environmental and industrial hygiene;
p.000001: vs. the prophylaxis and treatment of epidemic, occupational and other diseases, as well as the fight against these
p.000001: diseases;
p.000001: d. the creation of conditions capable of providing all medical services and medical aid in the event of illness ”.
p.000001: 1
p.000001: On the National Plan
p.000001: The Constitution contains some provisions concerning the protection of the individual and his
p.000001: health.
p.000001: We can notably mention the provisions which stipulate that the "State recognizes and organizes at all
p.000001: individual the right to protection of his health from conception ", and also that" the State ensures the protection of
p.000001: family for its free development as well as that of the mother and the child by legislation and by
p.000001: appropriate social institutions ”.
p.000001: The Government is committed to achieving real and tangible development by giving priority to
p.000001: Transformational Reform Initiatives.
p.000001: Proceeding with the analysis of poverty, the Government mapped out the strategies and the various actions which
p.000001: lead to rapid economic growth, contribute to poverty reduction and enable
p.000001: countries to take advantage of the challenges of globalization, in line with the Millennium Development Goals.
p.000001: The National Health Policy strategies and projects include 8 commitments, aim
p.000001: essentially an effective reduction in poverty and a tangible improvement in the quality of life
p.000001: Malagasy.
p.000001: Concerning more particularly the Health / Population component, the Government has been constantly concerned
p.000001: to maintain the population in good health, that is to say in a complete state of physical, mental and
...

p.000019: pestilential, or of countries which, although free of disease, the object of such suspicion, are likely
p.000019: to be reached or finally, if due to communication from the abovementioned countries or some other
p.000019: circumstance, their health status is suspect;
p.000019: - under the net patent regime, if no suspicion of pestilential disease exists in the country
p.000019: where they come from, if this country has not been or has not just been in free relations with places likely
p.000019: to be infected, and finally if no communication, no circumstance makes suspect their sanitary state.
p.000019: As necessary and according to the information obtained, the list of these provenances must
p.000019: be displayed at international airports in the National Territory.
p.000019: Article 70.- Without prejudice to the provisions of international health regulations, research
p.000019: carried out by agents responsible for health control at the borders of Madagascar on travelers who
p.000019: arrive for the purpose of detecting whether an individual is a carrier of a sexually transmitted disease, are
p.000019: prohibited in accordance with the right of individuals to the confidentiality of their state of health.
p.000019: Sanitary measures on arrival and departure can be undertaken:
p.000019: • questioning of the destination, itinerary and stay of travelers;
p.000019: • questioning of any contacts;
p.000019: • verification of health documents such as vaccination certificate, maritime declaration
p.000019: health, general aircraft declaration, ship health control certificate.
p.000019: Article 71.- Without prejudice to the provisions of the international health regulations, except in the case of medical evacuation
p.000019: in Madagascar, the observation of a manifest state of illness in a traveler entering Madagascar
p.000019: authorizes additional health measures such as a medical check-up by the health services to
p.000019: borders.
p.000019: Depending on the case, the Border Health Service can:
p.000019: • require vaccination or a prophylactic measure;
p.000019: • orient suspects by giving them advice;
p.000019: • place suspicious persons under observation;
p.000019: • place suspects in quarantine;
p.000019: • isolate or treat affected people if necessary;
p.000019: • refuse entry of suspects and affected persons;
p.000019: • refuse entry of unaffected persons to affected areas;
p.000020: 20
p.000020: • screen people from affected areas and / or apply restrictions to them
p.000020: exit.
p.000020: Regarding baggage, cargo, containers, means of transport, goods and postal parcels, the
p.000020: Health at the Borders can:
p.000020: - refrain from recommending a specific health measure;
p.000020: - examine the manifest and the itinerary;
p.000020: - carry out inspections;
p.000020: - examine the proof of measures at departure or during transit to eliminate the infection or
p.000020: contamination;
p.000020: - carry out the processing of baggage, cargo, containers, means of transport, goods, postal parcels,
p.000020: mortal remains or human remains to eliminate infection or contamination, including vectors and
p.000020: tanks;
p.000020: - apply specific sanitary measures to guarantee safe handling and
p.000020: transport of mortal remains or human remains;
p.000020: - isolate or place in quarantine;
p.000020: - require, in the absence of an effective treatment or process, seizure and destruction under
p.000020: control of infected baggage, cargo, containers, means of transport, goods and postal parcels,
p.000020: contaminated or suspect;
p.000020: - refuse the departure or entry of any traveler and / or any suspicious goods.
p.000020: BOOK II
...

p.000057: 57
p.000057: TITLE VII
p.000057: OF THE FIGHT AGAINST SEXUALLY TRANSMITTED INFECTIONS
p.000057: Article 240.- Anyone with a sexually transmitted infection must
p.000057: must be examined and treated until recovery.
p.000057: Article 241.- Without prejudice to the provisions of the Labor Law, the request for control of the state of health of the
p.000057: worker by the employer for the purpose of detecting whether or not the worker is infected
p.000057: sexually transmitted, whatever the reason, violates the right to confidentiality on
p.000057: the individual’s state of health and is prohibited. Checking the state of health of a worker requested
p.000057: by the employer is limited to the right to certification by doctors approved for this purpose, to specify in which
p.000057: measures the state of health of a worker is free, or affected by disabling or mode related diseases
p.000057: of life having an impact on professional capacity.
p.000057: Article 242.- Without prejudice to the provisions of the International Health Regulations, actions on
p.000057: disembarking travelers, carried out by the Charges of control at the Borders of Madagascar, to know if a
p.000057: individual is yes or no carrying a sexually transmitted infection, are prohibited for violation of the rights of
p.000057: people with the confidentiality of their state of health.
p.000057: Article 243.- Without prejudice to the provisions of the International Health Regulations, except in the case of repatriation or
p.000057: case of medical evacuation in Madagascar, the observation of a manifest state of illness in a traveler entering
p.000057: Madagascar, authorizes a medical check-up by the Border Health Services.
p.000057: Article 244.- In the event of an indication of blood transfusion to a patient, whatever his assignment,
p.000057: blood transfusion with a specific examination to confirm its reassurance, is
p.000057: mandatory.
p.000057: Article 245.- The declaration of sexually transmitted diseases may be made compulsory by a
p.000057: decree issued on the proposal of the Minister of Health, after the opinion of the National Commission
p.000057: of Hygiene and Health.
p.000057: Article 246.- Notwithstanding the provisions of Law No. 2005-040 of February 20, 2006 on the fight against HIV / AIDS and
p.000057: the protection of the rights of people living with HIV / AIDS as well as those of its implementing texts, any
p.000057: persons engaged in prostitution must be identified and documented. Special surveillance measures should
p.000057: be taken towards them, without derogating from confidentiality obligations.
p.000057: TITLE VIII
p.000057: THE FIGHT AGAINST ENVIRONMENTAL-RELATED DISEASES
p.000057: Article 247.- Environmental diseases must be the subject of research and studies
p.000057: depth. Specific measures to protect human health, through the development of the Plan
p.000057: Operational in Health and Environment will have to be popularized and followed. Environmental indicators
p.000057: likely to cause effects on human health should be monitored and controlled. The
...

p.000059: • Law No. 97-039 of 4 November 1997 on the control of narcotic drugs, psychotropic substances and
p.000059: forerunners in Madagascar and its subsequent texts;
p.000060: 60
p.000060: • Law n ° 2004-029 of September 9, 2004 authorizing the ratification of the Framework Convention of the Organization
p.000060: World Health for Tobacco Control;
p.000060: • the Decision of the High Constitutional Court n ° 23-HCC / D1 of September 8, 2004 relating to Law n °
p.000060: 2004-029 of September 9, 2004 authorizing the ratification of the Framework Convention of the World Health Organization
p.000060: for Tobacco Control;
p.000060: • Ordinance No. 60-098 of September 21, 1960 relating to the regulation of beverages and its implementing decrees
p.000060: as well as any subsequent texts;
p.000060: • The laws and regulations in force in the fight against drugs and criminal activities
p.000060: related as well as those governing the industrialization, importation, marketing and consumption of
p.000060: tobacco products in Madagascar;
p.000060: • The regulatory texts governing the creation, organization and operation of the National Office
p.000060: of Tobacco Control of the Ministry in charge of Health.
p.000060: TITLE IV
p.000060: MEASURES TO COMBAT MENTAL ILLNESSES
p.000060: Article 257.- The list of diseases to which these provisions apply as well as the measures for
p.000060: fight against mental illnesses are determined by regulatory text of the Minister of Health.
p.000060: Article 258.- This list can be modified under the same conditions as above depending on
p.000060: possible new forms of disease.
p.000060: Article 259.- The main objectives of the fight against mental illness are as follows:
p.000060: 1- take into account the progress made in the prevention and diagnosis of mental illnesses,
p.000060: quality of care and the nature of the drugs administered to patients with mental disorders, monitoring of
p.000060: patients left in a family, social environment or in a non-hospital structure or even hospitalized,
p.000060: rehabilitation and social reintegration;
p.000060: 2- design on this basis a mental health promotion policy through the definition of
p.000060: missions entrusted to establishments providing hospital services depending on the State or to any
p.000060: legal entity of public or private law participating in the implementation of the health promotion policy
p.000060: mental;
p.000060: 3- redefine the status of the mentally ill, its protection as an incapable person, adult or
p.000060: infant-juvenile minor;
p.000060: 4- set up a system for individualizing protective measures for patients suffering from
p.000060: mental disorders.
p.000060: As necessary, these objectives may be subject to re-evaluation by regulatory text
p.000060: of application taken by the Minister of Health.
p.000060: TITLE V
p.000060: DUTIES AND MEASURES
p.000060: Article 260.- Ministerial Departments, Institutions, NGOs and Civil Society have the duty to implement
p.000060: implements programs aimed at promoting the measures enacted with a view to:
p.000060: • to prevent all forms of noncommunicable diseases, particularly in the workplace, to practice
...

p.000063: offer services of:
p.000063: - prevention and treatment of infections of the genital and urinary tracts including Sexually Infections
p.000063: Transferable; as well as medical and surgical complications related to induced abortions,
p.000063: early pregnancies, and unwanted or unwanted pregnancies resulting from acts of violence or others;
p.000063: - prevention and treatment of infertility;
p.000063: - prenuptial consultation;
p.000063: - education in family life.
p.000063: Article 271 bis.- Human beings and their environment must be protected against abuse in matters of procreation
p.000063: medically assisted and genetic engineering.
p.000063: The State, through the Ministry of Health, legislates on the use of germinal and genetic heritage
p.000063: human. In doing so, it ensures the protection of human dignity, of the person and of the family and
p.000063: respects in particular the following principles:
p.000063: - any form of cloning and any intervention in the genetic heritage of gametes and embryos
p.000063: humans are prohibited;
p.000063: - the non-human genetic and germinal heritage can neither be transferred to the human germinal heritage nor
p.000063: merged with it;
p.000063: - the use of medically assisted procreation methods is only authorized when sterility or the danger of
p.000063: transmission of a serious illness cannot be ruled out in any other way, not to develop in the child
p.000063: certain qualities or for any purpose of eugenics as well as to satisfy research;
p.000064: 64
p.000064: - fertilization of human eggs outside the woman's body is only authorized under the conditions provided by law;
p.000064: only the number of human eggs can be developed outside the female body up to the embryo stage
p.000064: can be immediately implemented;
p.000064: - embryo donation and all forms of surrogacy are prohibited;
p.000064: - human germinal material or products resulting from embryos cannot be traded;
p.000064: - a person's genetic heritage can only be analyzed, recorded and communicated with the consent of
p.000064: this or by law;
p.000064: - everyone has access to data relating to their ancestry.
p.000064: TITLE II
p.000064: CHILD HEALTH PROTECTION
p.000064: Article 272.- Under the coordination of the Ministry of Health, actions
p.000064: multisectoral whose vocation is to fight against:
p.000064: • malnutrition of mother and child;
p.000064: • lack of food and economic security at the household level;
p.000064: • micronutrient deficiencies (iodine deficiency disorders, vitamin deficiency and anemia
p.000064: ferriprive), contribute to the implementation of the National Nutrition Policy or PNN adopted by
p.000064: regulatory.
p.000064: This policy includes interventions or strategies such as breastfeeding promotion
p.000064: breastfeeding and complementary food, nutrition intervention at community level,
p.000064: the integration of nutritional interventions into primary health care, the care of children severely
p.000064: malnourished, the school nutrition intervention, a national food and nutrition surveillance system.
p.000064: Article 273.- The Minister of Health collaborates closely with the others
p.000064: ministerial departments concerned.
p.000064: In partnership with various national or international organizations, it implements the IMCI (Support
p.000064: Integrated Charge of Childhood Illness).
p.000064: Article 274.- The National Health Policy includes in particular two strategic axes which concern the Program
p.000064: Expanded Vaccination in Madagascar: the promotion and protection of health and the fight against diseases.
p.000064: The objectives of the Expanded Program on Vaccination are in particular to control the diseases to be the object
p.000064: prevention through immunization, expanding access to immunization services to people in rural areas
p.000064: and peri-urban areas to reduce the gaps and avoid the creation of high-risk areas for target patients,
p.000064: promote intersectoral collaboration and ensure the sustainability of the Program.
p.000064: The implementation of the Expanded Program on Vaccination is ensured by the competent services of the Ministry
p.000064: responsible for health.
p.000064: Article 274 bis.- The State, through the Ministry of Health, must provide assistance
p.000064: comprehensive on child and adolescent health programs, allowing the participation of non-governmental entities
p.000064: governmental and respecting in particular the following precepts:
p.000064: - allocation of a percentage of public funds for mothers and health care for children;
p.000064: - creation of preventive and specialized care programs for people with motor, sensory or mental disabilities;
p.000064: - creation of programs for the social integration of disabled people and adolescents
...

Health / Physically Ill

Searching for indicator sick:

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p.000008: procedures and the sanctions which ensure their application result:
p.000008: - International Conventions, Declarations or Treaties, the provisions of which
p.000008: sanitary matters bind the Republic of Madagascar in accordance with the rules of Public International Law;
p.000008: - the implementation of this Code and its legislative or regulatory texts of application;
p.000008: - laws and regulations applicable in the National Territory and which include health measures and
p.000008: hygiene.
p.000008: FIRST CHAPTER
p.000008: HEALTH REGULATIONS
p.000008: Article 20.- In accordance with the provisions of Law No. 2004-001 of June 17, 2004 relating to Regions and those
p.000008: of article 358 of this Code, it is the authorities of the Decentralized Territorial Collectivities which
p.000008: are empowered to control the application of the provisions of the health regulations at the level of their competence
p.000008: respective territorial or local.
p.000008: Section 1
p.000008: General orientation of the content of health regulations
p.000008: Article 21.- The health regulations determine in particular:
p.000008: 1- the measures to be taken, within the framework of the laws and regulations in force to prevent or put an end to
p.000008: communicable diseases in general;
p.000008: 2- the effective measures to be implemented in the event of the threat of epidemic or diarrheal diseases, including
p.000008: cholera ;
p.000008: 3- the protection of foodstuffs as well as the precautions to be taken for their sale in the
p.000008: conditions which are necessary in order to preserve the health of consumers;
p.000008: 4- disinfection or destruction of objects used by the sick or which have been soiled by them and
p.000008: generally, objects that can carry contagion.
p.000008: Article 22.- The health regulations must also include:
p.000008: 1- the prescriptions intended for the healthiness of all residential buildings or not, farms and their
p.000008: outbuildings, private roads, closed or not at their ends, irrigation and drainage channels,
p.000008: leased accommodation, hotels and restaurants;
p.000008: 2- the regulations relating to the healthiness of agglomerations;
p.000008: 3- prescriptions relating to the supply of drinking water and the monitoring of wells and
p.000008: wash houses;
p.000008: 4- the prescriptions concerning the used materials as well as the conditions which must satisfy the pits
p.000008: of ease;
p.000008: 5- prescriptions relating to the healthiness of school and university environments;
p.000008: 6- the prescriptions relating to the protection of the population against health risks linked to
p.000008: the environment including those related to healthcare waste.
p.000008: Article 23.- At the level of the Communes, the Mayor takes, on a participative proposal from the Fokontany, after
p.000008: opinion of the Municipal or Municipal Council, of the Decrees having for object such particular provisions as it
p.000008: deems useful without prejudice to international health regulations or
p.000009: 9
p.000009: provisions of this Code with a view to ensuring the protection of health within the
p.000009: constituency of its municipality.
p.000009: Section 2
p.000009: Fighting epidemics through preventive measures
...

p.000018: Article 67.- In order to ensure the protection of sanitation in the areas surrounding the installations,
p.000018: developments, works or works directly or indirectly under the administrative organization
p.000018: of medical and pharmaceutical services, the annexes to the texts in force relating to Accounting
p.000018: Investments with the Environment (MECIE) include a non-exhaustive list of works or works submitted
p.000018: depending on the case, an Environmental Impact Assessment (EIA) or an Environmental Engagement Program (PREE).
p.000018: 1. The following are subject to an Environmental Impact Assessment:
p.000018: - the facilities, works and works which, by their technical nature, their scale and the
p.000018: sensitivity of the setting environment to have harmful consequences on the environment;
p.000018: - any introduction of new species, animal or plant or Genetically Modified Organisms (GMO) on
p.000018: the National Territory;
p.000018: - any hospital waste treatment or disposal unit;
p.000018: - any type of storage of radioactive products and / or waste.
p.000018: 2. The following are subject to an Environmental Engagement Program:
p.000018: - any unit for processing and storing pharmaceutical products over 3 tonnes.
p.000018: Article 68.- The staff of hospitals: University Hospital Centers, Hospital Centers
p.000018: Reference Centers, District Health Service, District Hospitals, Centers
p.000018: Basic Health, as well as Hospitals in the Private Sector, should be made aware
p.000018: on the need to ensure, in the interest of sanitary health, the cleanliness of the environment of
p.000018: facilities and infrastructure and, in particular, the disinfection or destruction of objects having
p.000018: used for the sick, for monitoring and maintaining irrigation or water drainage channels,
p.000018: disposal of used materials.
p.000018: TITLE II
p.000018: FROM HEALTH CONTROL TO BORDERS
p.000018: Article 69.- It is the responsibility of the Border Health Service at the entry points to prevent
p.000018: international spread of disease by avoiding unnecessary barriers to traffic and commerce
p.000018: International.
p.000018: Travelers from, by air or sea from countries usually or accidentally
p.000018: infected or having previously been infected in the absence of provisions declaring the said country free again,
p.000018: are relative to their state of health, classified under one of the three regimes determined below:
p.000018: - under the gross business license, if they are or have been since their departure, infected with a reputed disease
p.000018: pestilential, if they come from countries affected by it or
p.000019: 19
p.000019: if they have communicated with places, people or objects that could have transmitted the contagion to them;
p.000019: - under the suspicious patent regime, if they come from countries where there is a disease that is suspected to be
p.000019: pestilential, or of countries which, although free of disease, the object of such suspicion, are likely
p.000019: to be reached or finally, if due to communication from the abovementioned countries or some other
p.000019: circumstance, their health status is suspect;
p.000019: - under the net patent regime, if no suspicion of pestilential disease exists in the country
p.000019: where they come from, if this country has not been or has not just been in free relations with places likely
p.000019: to be infected, and finally if no communication, no circumstance makes suspect their sanitary state.
p.000019: As necessary and according to the information obtained, the list of these provenances must
...

p.000055: Article 227.- The reopening of a tomb or a grave in which a plague victim has been buried may have
p.000055: place after a deadline set by the relevant health authority. The exhumation is subject to the authorization of
p.000055: administrative authority and is carried out under the supervision of the Physician-Inspector or a competent health worker
p.000055: who can represent it.
p.000055: Article 228.- The circulation and transport of all goods or all susceptible goods, either
p.000055: to be contaminated, either to be a vector of fleas or rats, are prohibited inside
p.000055: districts contaminated with plague, unless authorized by the Health Authority.
p.000055: The exit of any goods or any goods likely either to be contaminated, or to be flea vectors
p.000055: or rats outside of a plague-infected district is prohibited unless authorized by
p.000055: the health authority.
p.000055: Any means of transport leaving a recognized contaminated district must be
p.000055: subject to insecticide by contact insecticides, according to the prescriptions of the health authority. A
p.000055: disinsection certificate will be issued to the skipper.
p.000055: Article 229.- Measures to be adopted against the plague germ, against the vector and against the virus reservoir
p.000055: sailor, are ordered by the local health authority and executed under its control.
p.000055: Article 230.- The fight against the plague requires the treatment of the sick, medical surveillance and
p.000055: chemo-prophylaxis of the subjects contacted as well as disinsectisation of the contaminated region and surveillance
p.000055: Epidemiological. No one may object to the application of these measures.
p.000055: TITLE V
p.000055: OF THE FIGHT AGAINST OTHER CONTAGIOUS DISEASES
p.000055: AND THE CASES OF OTHER EMERGING AND RE-EMERGING DISEASES
p.000055: Article 231.- The organization of the fight against other contagious diseases in general, and the fight against
p.000055: cancer, mental illnesses, debilitating illnesses and other cases of social ills is governed by
p.000055: the laws and regulations in force, under the leadership of the Minister of Health and all other authorities
p.000055: competent sanitary and administrative departments.
p.000055: TITLE VI
p.000055: OF THE FIGHT AGAINST DIARRHEIC INFECTIOUS DISEASES INCLUDING CHOLERA
p.000055: Article 232.- Communicable diarrheal diseases, in general, and cholera in particular, must
p.000055: must be declared by public and private health professionals to the authority
p.000055: competent sanitary. Any case of cholera must be notified as soon as possible.
p.000055: the World Health Organization by the aforementioned competent health authority. The first suspected cases
p.000055: cholera occurring in an area previously considered free must be confirmed in the laboratory and
p.000055: results communicated to the World Health Organization as soon as possible by the same health authority
p.000055: competent.
p.000056: 56
p.000056: Article 233.- There is suspicion of cholera when:
p.000056: - in an area apparently spared from cholera, an acute episode of watery diarrhea
...

p.000057: in force concerning the MECIE (Accounting for Investments with the Environment).
p.000058: 58
p.000058: BOOK V
p.000058: OF THE CONTROL OF NON-COMMUNICABLE DISEASES
p.000058: FIRST TITLE
p.000058: LIFE-RELATED DISEASE MEASURES
p.000058: Article 248.- The State must provide for the needs of any citizen who, by reason of his age or his motor incapacity,
p.000058: sensory or mental, is unable to work, in particular by the institution of organisms to
p.000058: social characters.
p.000058: Article 248 bis.- The Law provides for measures to eliminate the inequalities affecting people with disabilities.
p.000058: The duration and working conditions must not affect the health or the dignity of the worker.
p.000058: Article 249.- The list of diseases to which these provisions apply as well as the measures for
p.000058: fight against chronic and disabling diseases are determined by regulatory texts taken by the
p.000058: Minister of Health. This list can be modified under the same conditions as above depending on
p.000058: possible new forms of disease.
p.000058: Article 250.- The implementation, in all fields, of the promotion of the prevention of chronic diseases not
p.000058: transmissible is set by regulatory texts from the Ministry of Health.
p.000058: Article 251.- Pursuant to Law No. 97-044 of February 2, 1998 on the disabled and
p.000058: subsequent texts, the organization and care arrangements for people with disabilities in the
p.000058: Community-based rehabilitation frameworks are set by regulation.
p.000058: Article 252.- The associations for the fight against chronic and disabling diseases provide assistance to the sick and
p.000058: their families and participate in the organization of awareness campaigns on the subject. The organization and
p.000058: the functioning of these associations are fixed by order of the Minister of Health.
p.000058: In particular, measures to prevent trauma and violence must be implemented, in particular
p.000058: for road safety, the prevention of different types of violence, the prevention of drownings, burns,
p.000058: falls, poisoning / poisoning.
p.000058: Everyone who has suffered trauma and / or violence has the right to proper care since the
p.000058: location of the incident up to the level of the health facilities.
p.000058: TITLE II
p.000058: MEASURES TO COMBAT EYE DISEASES
p.000058: Article 253.- Any person with an eye disease has the right to proper care at the level of
p.000058: specialized centers, provided with consumable equipment and medicines and placed under the responsibility and under the
p.000058: specialist in ophthalmology.
p.000058: Within the framework of the regulations in force concerning both state services and centers
p.000058: or private specialists, the acquisition or recovery of good eye health manifested by a
p.000058: binocular vision intact and free from any pathology results from the combined action of various strategies such
p.000058: that prevention, early diagnosis and management of all conditions likely to affect
p.000058: to the integrity of vision.
p.000059: 59
p.000059: TITLE III
p.000059: SMOKING AND OTHER ADDICTION CONTROL MEASURES
p.000059: Article 254.- The list of products whose consumption can lead to dependence
...

Health / Pregnant

Searching for indicator pregnant:

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p.000062: physical harm to minor children, violence or deprivation seriously affecting health or
p.000062: a child's physical integrity;
p.000062: - children have the right to the best possible health and to benefit from services
p.000062: medical and rehabilitation. The State strives to guarantee every child access to health services;
p.000062: - the state must take all appropriate measures to fight disease and malnutrition, provide
p.000062: in the context of primary health care, ensuring the provision of nutritious food and drinking water;
p.000062: - the child occupies a privileged place within the family: he has the right to material and moral security
p.000062: as complete as possible;
p.000062: - the responsibility for its education belongs in the first place to the family which, however in case
p.000062: failure, must be helped and assisted by the public authorities.
p.000062: FIRST TITLE
p.000062: REPRODUCTIVE HEALTH
p.000062: FIRST CHAPTER
p.000062: PROVISIONS FOR LOWER RISK MATERNITY
p.000062: Article 266.- The health and social protection of pregnant women and mothers as well as that of children without
p.000062: not more than two (2) years completed is organized under the conditions set by decree taken in the Council of Government
p.000062: on the proposal of the Minister of Health.
p.000062: Article 267.- All practices having negative repercussions on the evolution of pregnancy,
p.000062: childbirth, postpartum and the postnatal period are punished with the penalties provided for in the provisions of
p.000062: Article 346 of this Code.
p.000062: The doctor has a duty to advise patients on the prevention of unwanted pregnancies.
p.000062: It is up to the State to set up special, quality health services accessible to
p.000062: women with complications related to pregnancy, childbirth, postpartum, postpartum
p.000062: birth rate and abortion.
p.000062: More particularly, concerning the prevention of gynecological cancers, health facilities have the duty
p.000062: make available to women between the ages of twenty five and fifty the appropriate information for the
p.000062: prevention of cervical cancer and breast cancer. The doctor has a duty to give advice
p.000062: to women on the prevention of gynecological cancers.
p.000062: Article 268.- Every woman has the right to benefit from screening for cervical cancer by Visual Inspection
p.000062: Acetic Acid (IVA) or by Pap smear at least once in their lifetime.
p.000063: 63
p.000063: It is up to the State to set up special and accessible health services for women suffering from
...

Health / alcoholism

Searching for indicator alcoholism:

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p.000059: 2- specify the guidelines for the fight against drug addiction which must include preventive actions,
p.000059: screening and diagnosis, care, rehabilitation and social reintegration;
p.000059: 3- establish and complete as they emerge the list of products whose
p.000059: consumption can lead to addictive characteristics harmful to health and to which the
p.000059: these provisions as well as the measures to combat drug addiction;
p.000059: In this list, appear in particular cannabis (rongony), khat, all risk drugs, alcohol under all
p.000059: its forms including alcohol sold illegally as a fermented and manufactured drink (toaka gasy), tobacco
p.000059: smoking, chewing, snuffing or sucking;
p.000059: 4- strengthen existing control measures and the implementation of new health measures,
p.000059: social and security measures to be taken to reduce drug addiction and eradicate its most harmful effects;
p.000059: 5- summarize and complete the list of legislative and regulatory texts constituting the legal framework of the
p.000059: fight against drug addiction. Propose improvements and the promulgation of new texts;
p.000059: 6- strengthen awareness campaigns against the causes of drug addiction.
p.000059: Article 256.- The legal framework for tobacco control and other drug addiction must include the texts
p.000059: following:
p.000059: • Law No. 61-053 of December 13, 1961 on the fight against alcoholism and its subsequent texts;
p.000059: • Law No. 97-039 of 4 November 1997 on the control of narcotic drugs, psychotropic substances and
p.000059: forerunners in Madagascar and its subsequent texts;
p.000060: 60
p.000060: • Law n ° 2004-029 of September 9, 2004 authorizing the ratification of the Framework Convention of the Organization
p.000060: World Health for Tobacco Control;
p.000060: • the Decision of the High Constitutional Court n ° 23-HCC / D1 of September 8, 2004 relating to Law n °
p.000060: 2004-029 of September 9, 2004 authorizing the ratification of the Framework Convention of the World Health Organization
p.000060: for Tobacco Control;
p.000060: • Ordinance No. 60-098 of September 21, 1960 relating to the regulation of beverages and its implementing decrees
p.000060: as well as any subsequent texts;
p.000060: • The laws and regulations in force in the fight against drugs and criminal activities
p.000060: related as well as those governing the industrialization, importation, marketing and consumption of
p.000060: tobacco products in Madagascar;
p.000060: • The regulatory texts governing the creation, organization and operation of the National Office
p.000060: of Tobacco Control of the Ministry in charge of Health.
p.000060: TITLE IV
p.000060: MEASURES TO COMBAT MENTAL ILLNESSES
p.000060: Article 257.- The list of diseases to which these provisions apply as well as the measures for
p.000060: fight against mental illnesses are determined by regulatory text of the Minister of Health.
p.000060: Article 258.- This list can be modified under the same conditions as above depending on
p.000060: possible new forms of disease.
p.000060: Article 259.- The main objectives of the fight against mental illness are as follows:
...

Health / breastfeeding

Searching for indicator breastfeeding:

(return to top)
p.000061: universal and equitable to all actions and services for the promotion, protection and restoration of
p.000061: health.
p.000061: Article 263.- The provisions regulating the health protection of the family, and more particularly
p.000061: of women and children, are inseparable from the provisions contained in the International Conventions and in
p.000061: National Law constituting the legal framework for the protection of the person of women and children.
p.000061: Article 264.- The following fundamental rules contained in the International Conventions, in
p.000061: the Constitution and in the National Law contribute to protect the family and the person of the woman:
p.000061: - the family, the natural and fundamental element of society, is protected by the State which ensures its freedom
p.000061: fulfillment as well as that of mother and child through legislation and social institutions
p.000061: appropriate;
p.000061: - based on the equality of men and women, during pregnancy, during childbirth and after
p.000061: delivery of appropriate and free services when needed, as well as adequate nutrition during
p.000061: pregnancy and breastfeeding;
p.000061: - the State recognizes the right of everyone to an adequate standard of living for himself and his family, including
p.000061: including adequate food, clothing and accommodation, as well as constant improvement in conditions
p.000061: of existence and also the right to enjoy the best physical and mental health
p.000061: able to reach;
p.000061: - the Malagasy Criminal Code severely sanctions anyone who has favored or attempted to promote abortion. of the
p.000061: aggravated sentences are provided for members of medical or paramedical personnel who have committed the same
p.000061: facts;
p.000061: - the Malagasy Penal Code includes in its article 63 a provision which makes it possible to sanction a person who
p.000061: willfully refrain from providing assistance to another person in danger that they could provide
p.000061: either by his personal action, or by provoking help. This article applies to any member of the body
p.000061: midwifery who refrain from administering the care required of a woman by
p.000061: peril during childbirth.
p.000062: 62
p.000062: Article 265.- The following rules, which enshrine the best interests of the child in society,
p.000062: contained in International Conventions and in National Law ensure the protection and
p.000062: safeguarding the physical and moral integrity of the child:
p.000062: - the State recognizes that every child has an inherent right to life and ensures as far as possible the
p.000062: child survival and development;
...

p.000063: certain qualities or for any purpose of eugenics as well as to satisfy research;
p.000064: 64
p.000064: - fertilization of human eggs outside the woman's body is only authorized under the conditions provided by law;
p.000064: only the number of human eggs can be developed outside the female body up to the embryo stage
p.000064: can be immediately implemented;
p.000064: - embryo donation and all forms of surrogacy are prohibited;
p.000064: - human germinal material or products resulting from embryos cannot be traded;
p.000064: - a person's genetic heritage can only be analyzed, recorded and communicated with the consent of
p.000064: this or by law;
p.000064: - everyone has access to data relating to their ancestry.
p.000064: TITLE II
p.000064: CHILD HEALTH PROTECTION
p.000064: Article 272.- Under the coordination of the Ministry of Health, actions
p.000064: multisectoral whose vocation is to fight against:
p.000064: • malnutrition of mother and child;
p.000064: • lack of food and economic security at the household level;
p.000064: • micronutrient deficiencies (iodine deficiency disorders, vitamin deficiency and anemia
p.000064: ferriprive), contribute to the implementation of the National Nutrition Policy or PNN adopted by
p.000064: regulatory.
p.000064: This policy includes interventions or strategies such as breastfeeding promotion
p.000064: breastfeeding and complementary food, nutrition intervention at community level,
p.000064: the integration of nutritional interventions into primary health care, the care of children severely
p.000064: malnourished, the school nutrition intervention, a national food and nutrition surveillance system.
p.000064: Article 273.- The Minister of Health collaborates closely with the others
p.000064: ministerial departments concerned.
p.000064: In partnership with various national or international organizations, it implements the IMCI (Support
p.000064: Integrated Charge of Childhood Illness).
p.000064: Article 274.- The National Health Policy includes in particular two strategic axes which concern the Program
p.000064: Expanded Vaccination in Madagascar: the promotion and protection of health and the fight against diseases.
p.000064: The objectives of the Expanded Program on Vaccination are in particular to control the diseases to be the object
p.000064: prevention through immunization, expanding access to immunization services to people in rural areas
p.000064: and peri-urban areas to reduce the gaps and avoid the creation of high-risk areas for target patients,
p.000064: promote intersectoral collaboration and ensure the sustainability of the Program.
p.000064: The implementation of the Expanded Program on Vaccination is ensured by the competent services of the Ministry
p.000064: responsible for health.
p.000064: Article 274 bis.- The State, through the Ministry of Health, must provide assistance
...

Health / hospitalized patients

Searching for indicator hospitalized:

(return to top)
p.000045: Article 180.- Any opening of a new dispensary, any transfer of a dispensary from one place to another, and any
p.000045: transfer or change of ownership is subject to the grant of a new authorization issued by
p.000045: order of the Minister of Health, after consulting the National Council of the Order of Pharmacists.
p.000045: Article 181.- Pharmacists holding dispensaries must exercise their profession personally.
p.000045: In all circumstances, drugs must be prepared and dispensed by a pharmacist or under the
p.000045: direct supervision of a pharmacist.
p.000045: However, the holder may hire an assistant pharmacist. The latter must be registered with the Medicines Agency
p.000045: of Madagascar, after receiving the approval of the Council of the Order and is appointed by decree of the Minister of Health.
p.000045: Pharmacists have an obligation to update their knowledge through postgraduate training.
p.000045: In application of the provisions of article 75 of this Code, the pharmacist has the duty to satisfy the
p.000045: obligations imposed by the daycare and emergency service. Any pharmacist who refuses to comply is punished with
p.000045: penalties provided for in article 331 of this Code.
p.000045: Article 182.- As necessary, an order of the Minister of Health determines the number of pharmacies
p.000045: authorized to settle in a given locality in proportion to the number of inhabitants as well as a minimum distance to
p.000045: respect between pharmacies.
p.000045: CHAPTER III
p.000045: PHARMACIES FOR INTERNAL USE
p.000045: Article 183.- Pharmacies for internal use are understood to mean hospital pharmacies and others
p.000045: health establishments, public or private, whose activity is limited to the supply of medicines
p.000045: and medical consumables:
p.000045: - to patients hospitalized in hospitals;
p.000045: - to patients in consultation in dispensaries and other health establishments.
p.000045: They are subject to the conditions set by Chapter I, Title III of Book III of this
p.000045: Coded.
p.000045: Regulatory texts define, as necessary, the rules governing pharmacies for use
p.000045: internal.
p.000045: CHAPTER IV
p.000045: IMPORT, WHOLESALE AND DISTRIBUTION ESTABLISHMENTS
p.000045: Article 184.- Wholesale pharmaceutical establishment means any approved establishment, public or private, engaged in
p.000045: external or local purchase with a view to sale as is to persons or structures authorized to provide
p.000045: drugs, pharmaceuticals and medical devices. This wholesale pharmaceutical establishment
p.000045: must import products not available from local manufacturers.
p.000046: 46
p.000046: Wholesale pharmaceutical establishments are subject to the obligation to permanently guarantee
p.000046: assortment of essential drugs capable of meeting the requirements of dispensing establishments,
p.000046: to have a minimum stock at all times and to ensure the distribution of products as quickly as possible. A
p.000046: wholesale pharmaceutical establishment must be able to directly insure imports and / or
p.000046: hold a minimum assortment of 2,000 references, covering all therapeutic classes. The
p.000046: criteria required during the opening request are specified by order of the Minister of Health.
p.000046: The premises reserved for the activities of a wholesale pharmaceutical establishment must be
p.000046: of easy access and reserved exclusively for this purpose.
p.000046: The building must include the sign mentioning the name of the establishment and its full address.
p.000046: The building intended for the activities mentioned above must have a total area of ​​three hundred square meters at
p.000046: minimum.
...

p.000060: • the Decision of the High Constitutional Court n ° 23-HCC / D1 of September 8, 2004 relating to Law n °
p.000060: 2004-029 of September 9, 2004 authorizing the ratification of the Framework Convention of the World Health Organization
p.000060: for Tobacco Control;
p.000060: • Ordinance No. 60-098 of September 21, 1960 relating to the regulation of beverages and its implementing decrees
p.000060: as well as any subsequent texts;
p.000060: • The laws and regulations in force in the fight against drugs and criminal activities
p.000060: related as well as those governing the industrialization, importation, marketing and consumption of
p.000060: tobacco products in Madagascar;
p.000060: • The regulatory texts governing the creation, organization and operation of the National Office
p.000060: of Tobacco Control of the Ministry in charge of Health.
p.000060: TITLE IV
p.000060: MEASURES TO COMBAT MENTAL ILLNESSES
p.000060: Article 257.- The list of diseases to which these provisions apply as well as the measures for
p.000060: fight against mental illnesses are determined by regulatory text of the Minister of Health.
p.000060: Article 258.- This list can be modified under the same conditions as above depending on
p.000060: possible new forms of disease.
p.000060: Article 259.- The main objectives of the fight against mental illness are as follows:
p.000060: 1- take into account the progress made in the prevention and diagnosis of mental illnesses,
p.000060: quality of care and the nature of the drugs administered to patients with mental disorders, monitoring of
p.000060: patients left in a family, social environment or in a non-hospital structure or even hospitalized,
p.000060: rehabilitation and social reintegration;
p.000060: 2- design on this basis a mental health promotion policy through the definition of
p.000060: missions entrusted to establishments providing hospital services depending on the State or to any
p.000060: legal entity of public or private law participating in the implementation of the health promotion policy
p.000060: mental;
p.000060: 3- redefine the status of the mentally ill, its protection as an incapable person, adult or
p.000060: infant-juvenile minor;
p.000060: 4- set up a system for individualizing protective measures for patients suffering from
p.000060: mental disorders.
p.000060: As necessary, these objectives may be subject to re-evaluation by regulatory text
p.000060: of application taken by the Minister of Health.
p.000060: TITLE V
p.000060: DUTIES AND MEASURES
p.000060: Article 260.- Ministerial Departments, Institutions, NGOs and Civil Society have the duty to implement
p.000060: implements programs aimed at promoting the measures enacted with a view to:
p.000060: • to prevent all forms of noncommunicable diseases, particularly in the workplace, to practice
p.000060: sports and leisure, in schools and universities and in all covered public places
p.000060: or deemed to be covered;
p.000061: 61
p.000061: • to include in national development plans, programs and strategies, the
p.000061: prevention, early diagnosis and adequate management of the diseases referred to above;
...

Health / ill

Searching for indicator ill:

(return to top)
p.000060: related as well as those governing the industrialization, importation, marketing and consumption of
p.000060: tobacco products in Madagascar;
p.000060: • The regulatory texts governing the creation, organization and operation of the National Office
p.000060: of Tobacco Control of the Ministry in charge of Health.
p.000060: TITLE IV
p.000060: MEASURES TO COMBAT MENTAL ILLNESSES
p.000060: Article 257.- The list of diseases to which these provisions apply as well as the measures for
p.000060: fight against mental illnesses are determined by regulatory text of the Minister of Health.
p.000060: Article 258.- This list can be modified under the same conditions as above depending on
p.000060: possible new forms of disease.
p.000060: Article 259.- The main objectives of the fight against mental illness are as follows:
p.000060: 1- take into account the progress made in the prevention and diagnosis of mental illnesses,
p.000060: quality of care and the nature of the drugs administered to patients with mental disorders, monitoring of
p.000060: patients left in a family, social environment or in a non-hospital structure or even hospitalized,
p.000060: rehabilitation and social reintegration;
p.000060: 2- design on this basis a mental health promotion policy through the definition of
p.000060: missions entrusted to establishments providing hospital services depending on the State or to any
p.000060: legal entity of public or private law participating in the implementation of the health promotion policy
p.000060: mental;
p.000060: 3- redefine the status of the mentally ill, its protection as an incapable person, adult or
p.000060: infant-juvenile minor;
p.000060: 4- set up a system for individualizing protective measures for patients suffering from
p.000060: mental disorders.
p.000060: As necessary, these objectives may be subject to re-evaluation by regulatory text
p.000060: of application taken by the Minister of Health.
p.000060: TITLE V
p.000060: DUTIES AND MEASURES
p.000060: Article 260.- Ministerial Departments, Institutions, NGOs and Civil Society have the duty to implement
p.000060: implements programs aimed at promoting the measures enacted with a view to:
p.000060: • to prevent all forms of noncommunicable diseases, particularly in the workplace, to practice
p.000060: sports and leisure, in schools and universities and in all covered public places
p.000060: or deemed to be covered;
p.000061: 61
p.000061: • to include in national development plans, programs and strategies, the
p.000061: prevention, early diagnosis and adequate management of the diseases referred to above;
p.000061: • collaborate with financial partners to facilitate access to treatment for these diseases.
p.000061: Article 261.- In addition to any applicable administrative or police measures, the transgression of
p.000061: provisions of regulatory texts aimed at preventing the spread of noncommunicable diseases is
p.000061: punished in accordance with the provisions of articles 329 to 330 of this Code, depending on the nature of the offenses
p.000061: committed in the matter.
p.000061: Article 262.- Oral conditions to which these provisions apply as well as
...

p.000065: relating to civil status acts, deliveries attended by doctors and midwives
p.000065: obligation to the latter, from the birth of the child or failing this, within a period not exceeding twelve days from
p.000065: from birth, to send a certificate to the registrar of the place of delivery
p.000065: indicating that the birth of the child occurred on a given day, at a certain time, at a certain location.
p.000066: 66
p.000066: The child's surname, chosen by the mother or the recognized competent parental authority, must appear in
p.000066: the certificate.
p.000066: Article 278.- Without prejudice to the provisions of the Law relating to acts of civil status and those of laws
p.000066: civil, the registrar is required, upon receipt of the certificate, to write immediately
p.000066: the birth certificate and signing with the declarant. Nevertheless, in case of doubt about the authenticity
p.000066: of the declarations contained in the certificate, the Civil Status Officer may have the sincerity of said said checked
p.000066: statements by a doctor or midwife other than the declarant. The doctor or midwife responsible for
p.000066: control must come from one of the Public Health Facilities at the place of delivery or, failing that, from a
p.000066: Public Health Facility closest to the place of delivery.
p.000066: More particularly and with a view to promoting the protection of the rights of the child, in the event of ill-treatment suffered by
p.000066: child, medical confidentiality must be lifted.
p.000066: BOOK VII
p.000066: LABORATORIES
p.000066: FIRST TITLE
p.000066: LABORATORIES OF MEDICAL ANALYSIS
p.000066: FIRST CHAPTER
p.000066: GENERAL PROVISIONS
p.000066: Article 279.- Medical laboratory means any establishment, whose essential activity
p.000066: consists in carrying out, on medical prescription, or from health workers, biological analyzes, tests and samples,
p.000066: which make it possible to highlight a biological or physiological modification, a pathogenic agent or a
p.000066: allergenic agent and contribute to the diagnosis, treatment, prevention of diseases,
p.000066: health check or pregnancy report.
p.000066: Article 280.- The opening and operation of a medical analysis laboratory is subject to authorization
p.000066: issued by the Minister of Health after consulting the National Commission for the opening and closing of
p.000066: private establishments.
p.000066: The authorization is issued in the name of the owner of the laboratory if it is a natural person or
p.000066: on behalf of the owner company and the director of the laboratory, or on behalf of the establishment
p.000066: hospital or healthcare, whether public or private, if it is a legal person
p.000066: with mention of the name of the director of the laboratory.
p.000066: Article 281.- No one may own, open, operate or direct a medical analysis laboratory unless he
p.000066: does not have the required diplomas and did not meet the conditions defined in Book VII of this Code.
p.000066: The regulations fix the constituent elements of the opening or operating request file,
p.000066: specifies the technical characteristics of the laboratory, the equipment and the personnel.
p.000066: Any modification of one of the constituent elements of the request occurring during operation,
...

Health / sensory impairment

Searching for indicator sensory:

(return to top)
p.000057: persons engaged in prostitution must be identified and documented. Special surveillance measures should
p.000057: be taken towards them, without derogating from confidentiality obligations.
p.000057: TITLE VIII
p.000057: THE FIGHT AGAINST ENVIRONMENTAL-RELATED DISEASES
p.000057: Article 247.- Environmental diseases must be the subject of research and studies
p.000057: depth. Specific measures to protect human health, through the development of the Plan
p.000057: Operational in Health and Environment will have to be popularized and followed. Environmental indicators
p.000057: likely to cause effects on human health should be monitored and controlled. The
p.000057: organizational arrangements for monitoring, information, alert, investigation and response systems
p.000057: are set by decree taken by the Government Council on the proposal of the Minister of Health,
p.000057: following the recommendation of the Libreville Declaration. Any program, any plan, any project whose
p.000057: activities may harm human health must be the subject of Health Impact Assessments, in accordance with the text
p.000057: in force concerning the MECIE (Accounting for Investments with the Environment).
p.000058: 58
p.000058: BOOK V
p.000058: OF THE CONTROL OF NON-COMMUNICABLE DISEASES
p.000058: FIRST TITLE
p.000058: LIFE-RELATED DISEASE MEASURES
p.000058: Article 248.- The State must provide for the needs of any citizen who, by reason of his age or his motor incapacity,
p.000058: sensory or mental, is unable to work, in particular by the institution of organisms to
p.000058: social characters.
p.000058: Article 248 bis.- The Law provides for measures to eliminate the inequalities affecting people with disabilities.
p.000058: The duration and working conditions must not affect the health or the dignity of the worker.
p.000058: Article 249.- The list of diseases to which these provisions apply as well as the measures for
p.000058: fight against chronic and disabling diseases are determined by regulatory texts taken by the
p.000058: Minister of Health. This list can be modified under the same conditions as above depending on
p.000058: possible new forms of disease.
p.000058: Article 250.- The implementation, in all fields, of the promotion of the prevention of chronic diseases not
p.000058: transmissible is set by regulatory texts from the Ministry of Health.
p.000058: Article 251.- Pursuant to Law No. 97-044 of February 2, 1998 on the disabled and
p.000058: subsequent texts, the organization and care arrangements for people with disabilities in the
p.000058: Community-based rehabilitation frameworks are set by regulation.
p.000058: Article 252.- The associations for the fight against chronic and disabling diseases provide assistance to the sick and
p.000058: their families and participate in the organization of awareness campaigns on the subject. The organization and
p.000058: the functioning of these associations are fixed by order of the Minister of Health.
p.000058: In particular, measures to prevent trauma and violence must be implemented, in particular
...

p.000064: In partnership with various national or international organizations, it implements the IMCI (Support
p.000064: Integrated Charge of Childhood Illness).
p.000064: Article 274.- The National Health Policy includes in particular two strategic axes which concern the Program
p.000064: Expanded Vaccination in Madagascar: the promotion and protection of health and the fight against diseases.
p.000064: The objectives of the Expanded Program on Vaccination are in particular to control the diseases to be the object
p.000064: prevention through immunization, expanding access to immunization services to people in rural areas
p.000064: and peri-urban areas to reduce the gaps and avoid the creation of high-risk areas for target patients,
p.000064: promote intersectoral collaboration and ensure the sustainability of the Program.
p.000064: The implementation of the Expanded Program on Vaccination is ensured by the competent services of the Ministry
p.000064: responsible for health.
p.000064: Article 274 bis.- The State, through the Ministry of Health, must provide assistance
p.000064: comprehensive on child and adolescent health programs, allowing the participation of non-governmental entities
p.000064: governmental and respecting in particular the following precepts:
p.000064: - allocation of a percentage of public funds for mothers and health care for children;
p.000064: - creation of preventive and specialized care programs for people with motor, sensory or mental disabilities;
p.000064: - creation of programs for the social integration of disabled people and adolescents
p.000064: disadvantaged through specialized training and oriented towards their integration into life
p.000064: professional and community;
p.000064: - creation of specialized prevention and treatment programs for children and young people who consume
p.000064: narcotics and related drugs.
p.000065: 65
p.000065: TITLE III
p.000065: SCHOOL AND UNIVERSITY HEALTH
p.000065: Article 275.- Medical services concerned with the health of university students,
p.000065: grandes écoles and other institutions, private or public, of higher level, as well as pupils and
p.000065: teaching staff from secondary, technical and educational establishments
p.000065: base are organized by decree taken in the Government Council on the proposal of the
p.000065: Minister of Health.
p.000065: The regulations thus provided must in particular govern:
p.000065: - the attributions of the services;
p.000065: - the place they occupy within the general organization of the Ministry and the communities
p.000065: territorial;
p.000065: - the establishment of compulsory periodic medical examinations, subject to control and monitoring under
p.000065: the authority of the Ministry of Health;
p.000065: - the implementation of a policy to promote hygienic conditions, sanitation of
p.000065: university and school infrastructure and good, nutrition and food safety;
p.000065: - the enumeration of measures relating to the national health policy which should strengthen the programs
...

Health / sexually transmitted disases

Searching for indicator sexually transmitted:

(return to top)
p.000002: sanitary and general hygiene, previously scattered in various texts, are grouped, while indications
p.000002: on the general orientation and on a logical classification of hygiene and sanitation measures are clearly
p.000002: highlighted.
p.000002: Important novelties have been introduced in this Book 1, notably that relating to the
p.000002: environmental protection and that concerning border health control, the provisions of which have been
p.000002: strengthened.
p.000002: Book II is devoted to the medical, paramedical and traditional medicine professions. To the
p.000002: alongside the already known but specified provisions, innovations have been introduced concerning the
p.000002: profession of medical auxiliaries and recognition of the legality of the practice of traditional medicine,
p.000002: without omitting to legally limit this recognition, in order to avoid the proliferation of charlatanism in the
p.000002: profession.
p.000002: Book III relates to medicines, pharmacy and the conditions of exercise of the profession of
p.000002: pharmacy. Innovative rules concern the national pharmaceutical policy, the definition of drugs, the
p.000002: clinical trials, advertising, wholesale import establishments, managed pharmacies
p.000002: particular, the traditional pharmacopoeia and the liberalization of operations concerning the sale of medicines and
p.000002: other health goods.
p.000002: Book IV sets out in a normal order - that of the competent services - the procedures for combating
p.000002: contagious diseases. In addition, the case of other emerging and re-emerging diseases is discussed, and
p.000002: special mention concerns infectious diarrheal diseases, including cholera and
p.000002: sexually transmitted diseases.
p.000002: Book V concerns noncommunicable diseases but strengthens the provisions relating to chronic diseases and
p.000002: debilitating, eye diseases, the fight against drug addiction and mental illnesses, without forgetting health
p.000002: Oral.
p.000002: Book VI requires special attention because it contains fundamental provisions taken from the Conventions
p.000002: protection of the family and the child. In addition, it introduces innovations on
p.000002: reproductive health and school and university health. It integrates into the Code of
p.000002: National Nutrition Policy and the Expanded Program on Immunization.
p.000003: 3
p.000003: Book VII reinforces provisions already known but requiring clarification on analysis laboratories
p.000003: medical, on blood and its derivatives and on the control of the handling of microbial products. A
p.000003: particular attention has been paid to the provisions intended to govern blood transfusion.
p.000003: Book VIII fixes the classification of the responsibilities of the personnel coming under the Ministry in charge of
p.000003: Health as well as those of its service providers and the resulting claims in the event of default.
p.000003: Book IX groups together the penalties and disciplinary measures applicable in the event of an offense. Sentences and measures
p.000003: arranged in agreement with all stakeholders in the health sector, given the seriousness of the offenses committed
p.000003: that these are public health activities.
p.000003: Book X relates to various and transitional provisions. It provides for transitional arrangements
p.000003: which must be designed or maintained pending the effective establishment of future
...

p.000018: International.
p.000018: Travelers from, by air or sea from countries usually or accidentally
p.000018: infected or having previously been infected in the absence of provisions declaring the said country free again,
p.000018: are relative to their state of health, classified under one of the three regimes determined below:
p.000018: - under the gross business license, if they are or have been since their departure, infected with a reputed disease
p.000018: pestilential, if they come from countries affected by it or
p.000019: 19
p.000019: if they have communicated with places, people or objects that could have transmitted the contagion to them;
p.000019: - under the suspicious patent regime, if they come from countries where there is a disease that is suspected to be
p.000019: pestilential, or of countries which, although free of disease, the object of such suspicion, are likely
p.000019: to be reached or finally, if due to communication from the abovementioned countries or some other
p.000019: circumstance, their health status is suspect;
p.000019: - under the net patent regime, if no suspicion of pestilential disease exists in the country
p.000019: where they come from, if this country has not been or has not just been in free relations with places likely
p.000019: to be infected, and finally if no communication, no circumstance makes suspect their sanitary state.
p.000019: As necessary and according to the information obtained, the list of these provenances must
p.000019: be displayed at international airports in the National Territory.
p.000019: Article 70.- Without prejudice to the provisions of international health regulations, research
p.000019: carried out by agents responsible for health control at the borders of Madagascar on travelers who
p.000019: arrive for the purpose of detecting whether an individual is a carrier of a sexually transmitted disease, are
p.000019: prohibited in accordance with the right of individuals to the confidentiality of their state of health.
p.000019: Sanitary measures on arrival and departure can be undertaken:
p.000019: • questioning of the destination, itinerary and stay of travelers;
p.000019: • questioning of any contacts;
p.000019: • verification of health documents such as vaccination certificate, maritime declaration
p.000019: health, general aircraft declaration, ship health control certificate.
p.000019: Article 71.- Without prejudice to the provisions of the international health regulations, except in the case of medical evacuation
p.000019: in Madagascar, the observation of a manifest state of illness in a traveler entering Madagascar
p.000019: authorizes additional health measures such as a medical check-up by the health services to
p.000019: borders.
p.000019: Depending on the case, the Border Health Service can:
p.000019: • require vaccination or a prophylactic measure;
p.000019: • orient suspects by giving them advice;
p.000019: • place suspicious persons under observation;
p.000019: • place suspects in quarantine;
p.000019: • isolate or treat affected people if necessary;
p.000019: • refuse entry of suspects and affected persons;
p.000019: • refuse entry of unaffected persons to affected areas;
p.000020: 20
p.000020: • screen people from affected areas and / or apply restrictions to them
p.000020: exit.
p.000020: Regarding baggage, cargo, containers, means of transport, goods and postal parcels, the
p.000020: Health at the Borders can:
p.000020: - refrain from recommending a specific health measure;
p.000020: - examine the manifest and the itinerary;
p.000020: - carry out inspections;
p.000020: - examine the proof of measures at departure or during transit to eliminate the infection or
p.000020: contamination;
...

p.000056: school programs to instill in students and awareness-raising actions carried out in particular in the area
p.000056: women.
p.000056: Article 236.- A National Interministerial Coordination Committee bringing together senior officials from all
p.000056: the Ministries and Services is created to ensure the collaboration of the sectors involved, to guarantee
p.000056: rapid implementation of the above-mentioned preventive actions and making the fight against the spread of
p.000056: the epidemic.
p.000056: A decree issued by the Government Council, on the proposal of the Minister of Health, fixes the organization and the
p.000056: functioning of this Committee.
p.000056: Article 237.- With a view to combating and preventing the spread of cholera and until the establishment of a
p.000056: effective training in the clinical management of cases of acute diarrhea, all health professionals must
p.000056: use the document published by the World Health Organization entitled: "Guide for the fight against
p.000056: cholera ”or any other document that has obtained validation from the Ministry of Health.
p.000056: Article 238.- Patients with diarrhea suspected of having cholera must comply with the measures taken
p.000056: charge in designated health centers and chemoprophylaxis measures enacted for this purpose.
p.000056: Populations from infected regions and moving to another region or locality must comply with the
p.000056: chemoprophylaxis measures required.
p.000056: Article 239.- Failure to comply with the provisions referred to in the above article exposes the offender
p.000056: immediate return to the place of origin or forced and immediate quarantine.
p.000057: 57
p.000057: TITLE VII
p.000057: OF THE FIGHT AGAINST SEXUALLY TRANSMITTED INFECTIONS
p.000057: Article 240.- Anyone with a sexually transmitted infection must
p.000057: must be examined and treated until recovery.
p.000057: Article 241.- Without prejudice to the provisions of the Labor Law, the request for control of the state of health of the
p.000057: worker by the employer for the purpose of detecting whether or not the worker is infected
p.000057: sexually transmitted, whatever the reason, violates the right to confidentiality on
p.000057: the individual’s state of health and is prohibited. Checking the state of health of a worker requested
p.000057: by the employer is limited to the right to certification by doctors approved for this purpose, to specify in which
p.000057: measures the state of health of a worker is free, or affected by disabling or mode related diseases
p.000057: of life having an impact on professional capacity.
p.000057: Article 242.- Without prejudice to the provisions of the International Health Regulations, actions on
p.000057: disembarking travelers, carried out by the Charges of control at the Borders of Madagascar, to know if a
p.000057: individual is yes or no carrying a sexually transmitted infection, are prohibited for violation of the rights of
p.000057: people with the confidentiality of their state of health.
p.000057: Article 243.- Without prejudice to the provisions of the International Health Regulations, except in the case of repatriation or
p.000057: case of medical evacuation in Madagascar, the observation of a manifest state of illness in a traveler entering
p.000057: Madagascar, authorizes a medical check-up by the Border Health Services.
p.000057: Article 244.- In the event of an indication of blood transfusion to a patient, whatever his assignment,
p.000057: blood transfusion with a specific examination to confirm its reassurance, is
p.000057: mandatory.
p.000057: Article 245.- The declaration of sexually transmitted diseases may be made compulsory by a
p.000057: decree issued on the proposal of the Minister of Health, after the opinion of the National Commission
p.000057: of Hygiene and Health.
p.000057: Article 246.- Notwithstanding the provisions of Law No. 2005-040 of February 20, 2006 on the fight against HIV / AIDS and
p.000057: the protection of the rights of people living with HIV / AIDS as well as those of its implementing texts, any
p.000057: persons engaged in prostitution must be identified and documented. Special surveillance measures should
p.000057: be taken towards them, without derogating from confidentiality obligations.
p.000057: TITLE VIII
p.000057: THE FIGHT AGAINST ENVIRONMENTAL-RELATED DISEASES
p.000057: Article 247.- Environmental diseases must be the subject of research and studies
p.000057: depth. Specific measures to protect human health, through the development of the Plan
p.000057: Operational in Health and Environment will have to be popularized and followed. Environmental indicators
p.000057: likely to cause effects on human health should be monitored and controlled. The
p.000057: organizational arrangements for monitoring, information, alert, investigation and response systems
p.000057: are set by decree taken by the Government Council on the proposal of the Minister of Health,
p.000057: following the recommendation of the Libreville Declaration. Any program, any plan, any project whose
p.000057: activities may harm human health must be the subject of Health Impact Assessments, in accordance with the text
...

p.000069: legislation and regulations in force as well as those of this title and its regulatory texts
p.000069: application.
p.000069: The removal of therapeutic substances of human origin cannot be carried out without the prior consent of the
p.000069: donor, this consent may be revoked at any time. No physical, moral or pecuniary pressure should be
p.000069: the origin of the donation.
p.000069: The donor must be informed in a precise and comprehensible manner for him, by a doctor, of the risks linked to certain
p.000069: Specimens.
p.000069: No payment whatsoever, can be allocated to those who lend themselves to direct debit
p.000069: elements of his body or the collection of his products.
p.000069: Article 296.- The donor cannot know the identity of the recipient, nor the recipient that of the donor.
p.000069: No information to identify both who donated an item or a
p.000070: 70
p.000070: product of his body, and whoever received it cannot be disclosed. This principle of anonymity cannot be waived
p.000070: only in case of therapeutic necessity, and with the agreement of the parties.
p.000070: Article 297.- Any advertising in favor of a donation of therapeutic substance of human origin for the benefit
p.000070: of a specific person or for the benefit of a specific body is prohibited. This prohibition does
p.000070: no obstacle to informing the public in favor of the donation of organs and products of the human body.
p.000070: Article 298.- Collection and collection of therapeutic substances of human origin for therapeutic purposes
p.000070: are subject to health security rules defined by order of the Minister of Health. These rules
p.000070: include tests for contagious or sexually transmitted diseases.
p.000070: The collection and use of therapeutic substances of human origin can only be done by
p.000070: a doctor or under his direction. They can only be performed on medical prescription.
p.000070: CHAPTER II
p.000070: BLOOD AND ITS DERIVATIVES
p.000070: Article 299.- Blood transfusion is an act by which human blood is administered to a patient for the purposes
p.000070: therapeutic after treatment of said blood and consent of the recipient or his legal representative.
p.000070: This medical procedure engages the responsibility of the doctor who prescribes it, of the person who performs it and of the people
p.000070: acting under his direction.
p.000070: The act consists of subjecting the blood to an appropriate operation or sequence of operations in order to give it
p.000070: optimal characteristics of use.
p.000070: The blood transfusion is carried out in the interest of the recipient, after the doctor has ensured his
p.000070: real necessity, and falls under the ethical principles of volunteering and the anonymity of the gift, and the absence of profit and
p.000070: must be accompanied by a specific examination to confirm its reassuring nature under the conditions defined in the
p.000070: this title.
p.000070: For the purposes of this Code, blood transfusion means any administration of human blood and / or its derivatives to
p.000070: a patient for therapeutic purposes.
p.000070: Article 300.- The taking of blood or of only some of its components can only be done with the
p.000070: consent of the donor, by a doctor or under the direction and responsibility of a doctor who will have ensured
p.000070: the suitability of the donor.
p.000070: Blood donation is based on the ethical principles of anonymity of donation, volunteering and the absence of
...

Social / Access to Social Goods

Searching for indicator access:

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p.000007: The private opening of a dispensary, a clinic, a birthing center, a hospital
p.000007: psychiatric or hospice is subject to prior authorization from the Minister of Health, after
p.000007: Commission opinion cited.
p.000007: Are subject to the authorization of the Ministry of Health:
p.000007: - creation ;
p.000007: - the extension;
p.000007: - retraining;
p.000007: - total or partial removal;
p.000007: - the grouping of all private Health Training.
p.000007: Article 17.- In accordance with the legislation in preparation on Information Technologies and
p.000007: of Communication (NTIC), new, legislative and regulatory provisions must be
p.000007: taken at the behest of the Minister of Health regarding Telemedicine.
p.000007: These provisions must include all the instructions useful for the proper functioning of the transmission by
p.000007: Information and Communication Technologies of medical information in order to obtain
p.000007: distance a diagnosis, a specialized opinion, the follow-up of a patient or a therapeutic decision. They must
p.000007: in addition, provide for the establishment of an information and communication technology control body
p.000007: in the health field and ensure respect for medical confidentiality.
p.000007: FIRST BOOK
p.000007: GENERAL PROTECTION OF HEALTH
p.000007: Article 18.- This Code defines, by updating them, the fundamental principles which govern, in the
p.000007: framework of the National Health Policy, general sanitary and hygienic measures developing and improving
p.000007: population access to health services, protecting them against disease and strengthening the establishment and
p.000007: the organization of structures intended to implement action programs in all areas
p.000007: health.
p.000007: It brings together in a coherent and unique instrument the essential rules concerning the professions
p.000007: medical, paramedical and pharmacists.
p.000008: 8
p.000008: FIRST TITLE
p.000008: GENERAL SANITARY AND HYGIENE MEASURES APPLICABLE ON THE NATIONAL TERRITORY
p.000008: Article 19.- The sanitary and hygienic measures imposed on the National Territory as well as
p.000008: procedures and the sanctions which ensure their application result:
p.000008: - International Conventions, Declarations or Treaties, the provisions of which
p.000008: sanitary matters bind the Republic of Madagascar in accordance with the rules of Public International Law;
p.000008: - the implementation of this Code and its legislative or regulatory texts of application;
p.000008: - laws and regulations applicable in the National Territory and which include health measures and
p.000008: hygiene.
p.000008: FIRST CHAPTER
p.000008: HEALTH REGULATIONS
p.000008: Article 20.- In accordance with the provisions of Law No. 2004-001 of June 17, 2004 relating to Regions and those
p.000008: of article 358 of this Code, it is the authorities of the Decentralized Territorial Collectivities which
p.000008: are empowered to control the application of the provisions of the health regulations at the level of their competence
p.000008: respective territorial or local.
p.000008: Section 1
p.000008: General orientation of the content of health regulations
p.000008: Article 21.- The health regulations determine in particular:
p.000008: 1- the measures to be taken, within the framework of the laws and regulations in force to prevent or put an end to
p.000008: communicable diseases in general;
...

p.000010: intended to receive or conduct wastewater lets introduce waste or droppings from whatever source
p.000010: whatsoever or any other material likely to harm the healthiness of the environment, in particular water from
p.000010: springs, fountains, wells, cisterns, pipes, aqueducts, water tanks used for
p.000010: public food, is subject to the application of the provisions of article 329 of this Code.
p.000010: If the responsibility lies with a company or any other legal person, the civil liability enacted
p.000010: under the above-mentioned article 329 prevails over criminal responsibility.
p.000010: Article 32.- Are prohibited, under penalty of the same sanctions provided for in the previous article,
p.000010: the abandonment of dead animals, debris from butcheries, manure, faeces and in general residues
p.000010: organic, putrescible in faults or excavations likely to contaminate the water delivered to the
p.000010: drink and consumption.
p.000010: Any burial outside the surfaces authorized for this use is also prohibited.
p.000011: 11
p.000011: Article 33.- in accordance with the provisions of Law No. 94-027 of November 17, 1994 on the Hygiene Code,
p.000011: safety and working environment, workers must have water at their disposal
p.000011: drinking. Water which does not come from an officially approved drinking water service must not
p.000011: not be distributed as drinking water.
p.000011: Drinking water is defined as water intended for human consumption and which, by treatment or
p.000011: naturally, meets organoleptic, physico-chemical, bacteriological and
p.000011: organic products fixed by decree.
p.000011: Public supply of drinking water and access to collective sanitation of domestic wastewater are
p.000011: provided by the Municipal Public Service. It belongs to the Municipality concerned, both in the middle
p.000011: urban than rural, to provide localities not yet served with water supply
p.000011: drinking water to extend the service rate and to increase the current sanitation coverage rate.
p.000011: Drinking water, bottled or not bottled, must be checked regularly by laboratories
p.000011: approved by the state. The organization and designation of the bodies concerned are fixed by decree taken
p.000011: in a Council of Government on the proposal of the Ministries concerned (Health, Energy, Water) specifying their roles
p.000011: and how they work.
p.000011: Section 2
p.000011: Waste management
p.000011: Article 34.- Waste that is likely to pollute water and, in general, to threaten or carry
p.000011: damage to human health, must be eliminated in order to reduce air, water and pollution
p.000011: environmental degradation.
p.000011: Waste consists of residues from an industrial transformation process using
p.000011: all substances or materials from a production activity, from hospital and facility waste
p.000011: sanitary and chemical and pharmaceutical residues.
p.000011: Abandoned movable property, solid industrial waste, whether ordinary or special, must be
p.000011: destroyed and eliminated, either by all the natural or legal persons who generated them, or by the
p.000011: Decentralized Territorial Communities within the framework of road, sanitation, hygiene and
p.000011: removal of all waste incumbent upon them, and within the limits of their powers.
p.000011: Article 35.- Waste from hospitals and health facilities is sometimes contaminated
p.000011: (can be infectious) and sometimes uncontaminated. Contaminated waste, if it is not disposed of with the
...

p.000045: health establishments, public or private, whose activity is limited to the supply of medicines
p.000045: and medical consumables:
p.000045: - to patients hospitalized in hospitals;
p.000045: - to patients in consultation in dispensaries and other health establishments.
p.000045: They are subject to the conditions set by Chapter I, Title III of Book III of this
p.000045: Coded.
p.000045: Regulatory texts define, as necessary, the rules governing pharmacies for use
p.000045: internal.
p.000045: CHAPTER IV
p.000045: IMPORT, WHOLESALE AND DISTRIBUTION ESTABLISHMENTS
p.000045: Article 184.- Wholesale pharmaceutical establishment means any approved establishment, public or private, engaged in
p.000045: external or local purchase with a view to sale as is to persons or structures authorized to provide
p.000045: drugs, pharmaceuticals and medical devices. This wholesale pharmaceutical establishment
p.000045: must import products not available from local manufacturers.
p.000046: 46
p.000046: Wholesale pharmaceutical establishments are subject to the obligation to permanently guarantee
p.000046: assortment of essential drugs capable of meeting the requirements of dispensing establishments,
p.000046: to have a minimum stock at all times and to ensure the distribution of products as quickly as possible. A
p.000046: wholesale pharmaceutical establishment must be able to directly insure imports and / or
p.000046: hold a minimum assortment of 2,000 references, covering all therapeutic classes. The
p.000046: criteria required during the opening request are specified by order of the Minister of Health.
p.000046: The premises reserved for the activities of a wholesale pharmaceutical establishment must be
p.000046: of easy access and reserved exclusively for this purpose.
p.000046: The building must include the sign mentioning the name of the establishment and its full address.
p.000046: The building intended for the activities mentioned above must have a total area of ​​three hundred square meters at
p.000046: minimum.
p.000046: It must include:
p.000046: - a section intended for the administration of the establishment;
p.000046: - a medication reception room;
p.000046: - a distribution room;
p.000046: - sufficiently ventilated storage stores with wall thermometers;
p.000046: - a bathroom;
p.000046: - handling, storage and conservation equipment: pallets, shelves, refrigerators, etc .;
p.000046: - the premises housing the distribution room and storage stores must be fitted out, arranged and
p.000046: maintained according to the operations carried out there.
p.000046: Any form of advertising or unfair competition is prohibited for any wholesale establishment of products
p.000046: pharmaceuticals. In particular, a wholesale pharmaceutical establishment cannot
p.000046: to practice any form of sale comparable to the practice of street vendors.
p.000046: Wholesale pharmaceutical establishments are not authorized to sell directly, either to the public or to doctors,
p.000046: nor to other health professionals, other than authorized distribution establishments, of the products
p.000046: pharmaceuticals that they wholesale. However, they are authorized to tender for tenders
p.000046: emanate from public institutions of the Malagasy State, as well as from private health training
p.000046: non-profit regulated by a District Health Service, in accordance with the provisions of
p.000046: section 189 below.
p.000046: Any wholesale pharmaceutical establishment is subject to the conditions set out in Chapter I, Title III of the Book
p.000046: III of this Code.
...

p.000055: cholera occurring in an area previously considered free must be confirmed in the laboratory and
p.000055: results communicated to the World Health Organization as soon as possible by the same health authority
p.000055: competent.
p.000056: 56
p.000056: Article 233.- There is suspicion of cholera when:
p.000056: - in an area apparently spared from cholera, an acute episode of watery diarrhea
p.000056: usually accompanied by vomiting causes severe dehydration or death in an elderly patient
p.000056: more than five (5) years;
p.000056: - in an area where an outbreak of cholera breaks out, a patient aged two (2) years suffers from watery diarrhea
p.000056: acute with or without vomiting.
p.000056: An outbreak of cholera should be mentioned in the following cases:
p.000056: - a patient over five (5) years old presents with severe dehydration or succumbs to an acute episode
p.000056: watery diarrhea;
p.000056: - there is a sudden increase in the daily number of acute cases of watery diarrhea,
p.000056: especially if it is watery "rice-like" stools, containing lumps typical of cholera.
p.000056: Article 234.- In order to eliminate any danger of the spread of cholera, it may be taken by the Minister responsible for
p.000056: Health a decree establishing a state of alert in a locality or a localized geographic region and where
p.000056: must be applied, for an indefinite period, hygiene and prophylaxis measures.
p.000056: To this end, anyone entering or leaving an infected area must be subject to prophylactic measures.
p.000056: Article 235.- For better prevention against cholera epidemics, the authorities concerned
p.000056: collaboration with the Ministry of Health must ensure populations have access to safe water and
p.000056: properly treated, good environmental sanitation and food safety.
p.000056: To promote the use of latrines, the concept of hygiene and sanitation must be part of
p.000056: school programs to instill in students and awareness-raising actions carried out in particular in the area
p.000056: women.
p.000056: Article 236.- A National Interministerial Coordination Committee bringing together senior officials from all
p.000056: the Ministries and Services is created to ensure the collaboration of the sectors involved, to guarantee
p.000056: rapid implementation of the above-mentioned preventive actions and making the fight against the spread of
p.000056: the epidemic.
p.000056: A decree issued by the Government Council, on the proposal of the Minister of Health, fixes the organization and the
p.000056: functioning of this Committee.
p.000056: Article 237.- With a view to combating and preventing the spread of cholera and until the establishment of a
p.000056: effective training in the clinical management of cases of acute diarrhea, all health professionals must
p.000056: use the document published by the World Health Organization entitled: "Guide for the fight against
p.000056: cholera ”or any other document that has obtained validation from the Ministry of Health.
p.000056: Article 238.- Patients with diarrhea suspected of having cholera must comply with the measures taken
p.000056: charge in designated health centers and chemoprophylaxis measures enacted for this purpose.
p.000056: Populations from infected regions and moving to another region or locality must comply with the
p.000056: chemoprophylaxis measures required.
p.000056: Article 239.- Failure to comply with the provisions referred to in the above article exposes the offender
p.000056: immediate return to the place of origin or forced and immediate quarantine.
p.000057: 57
...

p.000060: rehabilitation and social reintegration;
p.000060: 2- design on this basis a mental health promotion policy through the definition of
p.000060: missions entrusted to establishments providing hospital services depending on the State or to any
p.000060: legal entity of public or private law participating in the implementation of the health promotion policy
p.000060: mental;
p.000060: 3- redefine the status of the mentally ill, its protection as an incapable person, adult or
p.000060: infant-juvenile minor;
p.000060: 4- set up a system for individualizing protective measures for patients suffering from
p.000060: mental disorders.
p.000060: As necessary, these objectives may be subject to re-evaluation by regulatory text
p.000060: of application taken by the Minister of Health.
p.000060: TITLE V
p.000060: DUTIES AND MEASURES
p.000060: Article 260.- Ministerial Departments, Institutions, NGOs and Civil Society have the duty to implement
p.000060: implements programs aimed at promoting the measures enacted with a view to:
p.000060: • to prevent all forms of noncommunicable diseases, particularly in the workplace, to practice
p.000060: sports and leisure, in schools and universities and in all covered public places
p.000060: or deemed to be covered;
p.000061: 61
p.000061: • to include in national development plans, programs and strategies, the
p.000061: prevention, early diagnosis and adequate management of the diseases referred to above;
p.000061: • collaborate with financial partners to facilitate access to treatment for these diseases.
p.000061: Article 261.- In addition to any applicable administrative or police measures, the transgression of
p.000061: provisions of regulatory texts aimed at preventing the spread of noncommunicable diseases is
p.000061: punished in accordance with the provisions of articles 329 to 330 of this Code, depending on the nature of the offenses
p.000061: committed in the matter.
p.000061: Article 262.- Oral conditions to which these provisions apply as well as
p.000061: oral disease control measures are determined by regulation at the behest of the
p.000061: Minister of Health.
p.000061: BOOK VI
p.000061: FAMILY HEALTH PROTECTION
p.000061: PRELIMINARY TITLE
p.000061: GENERAL INFORMATION ON THE PROTECTION OF MOTHER AND CHILD
p.000061: Article 262 bis.- Health is the right of every person and the duty of the State and is guaranteed through
p.000061: social and economic policies to reduce the risk of disease and other hazards and to facilitate access
p.000061: universal and equitable to all actions and services for the promotion, protection and restoration of
p.000061: health.
p.000061: Article 263.- The provisions regulating the health protection of the family, and more particularly
p.000061: of women and children, are inseparable from the provisions contained in the International Conventions and in
p.000061: National Law constituting the legal framework for the protection of the person of women and children.
p.000061: Article 264.- The following fundamental rules contained in the International Conventions, in
p.000061: the Constitution and in the National Law contribute to protect the family and the person of the woman:
p.000061: - the family, the natural and fundamental element of society, is protected by the State which ensures its freedom
p.000061: fulfillment as well as that of mother and child through legislation and social institutions
p.000061: appropriate;
p.000061: - based on the equality of men and women, during pregnancy, during childbirth and after
p.000061: delivery of appropriate and free services when needed, as well as adequate nutrition during
...

p.000062: - the State undertakes to respect the right of the child to preserve his identity, his name and his family relationships
p.000062: ;
p.000062: - the State ensures that the child has access to information aimed at promoting his social well-being,
p.000062: spiritual and moral as well as physical and mental health;
p.000062: - the state protects children and adolescents from all forms of violence, attack or brutality
p.000062: physical or mental, neglect or neglect, including abuse, violence and sexual exploitation that
p.000062: the law punishes severely. In this perspective, the Malagasy Penal Code protects the child against infanticide,
p.000062: physical harm to minor children, violence or deprivation seriously affecting health or
p.000062: a child's physical integrity;
p.000062: - children have the right to the best possible health and to benefit from services
p.000062: medical and rehabilitation. The State strives to guarantee every child access to health services;
p.000062: - the state must take all appropriate measures to fight disease and malnutrition, provide
p.000062: in the context of primary health care, ensuring the provision of nutritious food and drinking water;
p.000062: - the child occupies a privileged place within the family: he has the right to material and moral security
p.000062: as complete as possible;
p.000062: - the responsibility for its education belongs in the first place to the family which, however in case
p.000062: failure, must be helped and assisted by the public authorities.
p.000062: FIRST TITLE
p.000062: REPRODUCTIVE HEALTH
p.000062: FIRST CHAPTER
p.000062: PROVISIONS FOR LOWER RISK MATERNITY
p.000062: Article 266.- The health and social protection of pregnant women and mothers as well as that of children without
p.000062: not more than two (2) years completed is organized under the conditions set by decree taken in the Council of Government
p.000062: on the proposal of the Minister of Health.
p.000062: Article 267.- All practices having negative repercussions on the evolution of pregnancy,
p.000062: childbirth, postpartum and the postnatal period are punished with the penalties provided for in the provisions of
p.000062: Article 346 of this Code.
p.000062: The doctor has a duty to advise patients on the prevention of unwanted pregnancies.
...

p.000063: human. In doing so, it ensures the protection of human dignity, of the person and of the family and
p.000063: respects in particular the following principles:
p.000063: - any form of cloning and any intervention in the genetic heritage of gametes and embryos
p.000063: humans are prohibited;
p.000063: - the non-human genetic and germinal heritage can neither be transferred to the human germinal heritage nor
p.000063: merged with it;
p.000063: - the use of medically assisted procreation methods is only authorized when sterility or the danger of
p.000063: transmission of a serious illness cannot be ruled out in any other way, not to develop in the child
p.000063: certain qualities or for any purpose of eugenics as well as to satisfy research;
p.000064: 64
p.000064: - fertilization of human eggs outside the woman's body is only authorized under the conditions provided by law;
p.000064: only the number of human eggs can be developed outside the female body up to the embryo stage
p.000064: can be immediately implemented;
p.000064: - embryo donation and all forms of surrogacy are prohibited;
p.000064: - human germinal material or products resulting from embryos cannot be traded;
p.000064: - a person's genetic heritage can only be analyzed, recorded and communicated with the consent of
p.000064: this or by law;
p.000064: - everyone has access to data relating to their ancestry.
p.000064: TITLE II
p.000064: CHILD HEALTH PROTECTION
p.000064: Article 272.- Under the coordination of the Ministry of Health, actions
p.000064: multisectoral whose vocation is to fight against:
p.000064: • malnutrition of mother and child;
p.000064: • lack of food and economic security at the household level;
p.000064: • micronutrient deficiencies (iodine deficiency disorders, vitamin deficiency and anemia
p.000064: ferriprive), contribute to the implementation of the National Nutrition Policy or PNN adopted by
p.000064: regulatory.
p.000064: This policy includes interventions or strategies such as breastfeeding promotion
p.000064: breastfeeding and complementary food, nutrition intervention at community level,
p.000064: the integration of nutritional interventions into primary health care, the care of children severely
p.000064: malnourished, the school nutrition intervention, a national food and nutrition surveillance system.
p.000064: Article 273.- The Minister of Health collaborates closely with the others
p.000064: ministerial departments concerned.
p.000064: In partnership with various national or international organizations, it implements the IMCI (Support
p.000064: Integrated Charge of Childhood Illness).
p.000064: Article 274.- The National Health Policy includes in particular two strategic axes which concern the Program
p.000064: Expanded Vaccination in Madagascar: the promotion and protection of health and the fight against diseases.
p.000064: The objectives of the Expanded Program on Vaccination are in particular to control the diseases to be the object
p.000064: prevention through immunization, expanding access to immunization services to people in rural areas
p.000064: and peri-urban areas to reduce the gaps and avoid the creation of high-risk areas for target patients,
p.000064: promote intersectoral collaboration and ensure the sustainability of the Program.
p.000064: The implementation of the Expanded Program on Vaccination is ensured by the competent services of the Ministry
p.000064: responsible for health.
p.000064: Article 274 bis.- The State, through the Ministry of Health, must provide assistance
p.000064: comprehensive on child and adolescent health programs, allowing the participation of non-governmental entities
p.000064: governmental and respecting in particular the following precepts:
p.000064: - allocation of a percentage of public funds for mothers and health care for children;
p.000064: - creation of preventive and specialized care programs for people with motor, sensory or mental disabilities;
p.000064: - creation of programs for the social integration of disabled people and adolescents
p.000064: disadvantaged through specialized training and oriented towards their integration into life
p.000064: professional and community;
p.000064: - creation of specialized prevention and treatment programs for children and young people who consume
p.000064: narcotics and related drugs.
p.000065: 65
p.000065: TITLE III
p.000065: SCHOOL AND UNIVERSITY HEALTH
p.000065: Article 275.- Medical services concerned with the health of university students,
...

p.000072: throughout the national territory. These regulations set the operating procedures for the emergency service,
p.000072: transfusion and blood delivery.
p.000072: Article 309.- The establishments of blood transfusion assume, even in the absence of fault that they could have
p.000072: commit, the responsibility for the risks run by the donors during the operations of
p.000072: collection and also take steps to empower donors not to transmit disease
p.000072: to recipients.
p.000072: These establishments must contact insurance covering their liability due to these risks.
p.000072: Article 310.- The Minister of Health appoints inspectors from among the doctors or pharmacists who are civil servants
p.000072: qualified from its department, who are responsible for ensuring compliance with the laws and regulations applicable to
p.000072: blood establishments and which, in particular, monitor:
p.000072: 1- the conditions of preparation, storage and delivery of blood products;
p.000072: 2- the application of good practices, the principles of which are defined by internal regulations established by management
p.000072: CNTS within the framework of the mission entrusted to it by the Minister of Health;
p.000072: 3- administrative and financial management of establishments.
p.000073: 73
p.000073: Article 311.- Any CNTS inspector has standing to act in accordance with the provisions of article 199 of this Code
p.000073: in the field of the exercise of their functions listed under the provisions of article 310 in supra. They
p.000073: are empowered to investigate and record infringements of legislative provisions by report and
p.000073: regulatory authorities whose application they control. In the exercise of their mission, they have access to
p.000073: premises and documents of blood establishments.
p.000073: They can at any time carry out the necessary checks which must take place at least once a year.
p.000073: Article 312.- Any violation by a blood transfusion establishment, of legislative and
p.000073: applicable regulations may result in the temporary or permanent withdrawal of technical approval.
p.000073: The withdrawal can only take place after formal notice addressed to the establishment to take all measures
p.000073: capable of remedying the violation or breach, or of providing all the necessary explanations. Setting
p.000073: remains fixed for an execution period which cannot exceed three months. After this period, and failing that, by the
p.000073: holder, to have complied with the prescriptions arising from the formal notice, the Minister of Health may
p.000073: pronounce the withdrawal of technical approval.
p.000073: In an emergency and for reasons relating to the protection of public health, the Minister of Health, after
p.000073: having heard the heads of the approved blood establishment, may order by decision
p.000073: reasoned and provisionally, the immediate closure of the establishment for a period which does not
p.000073: may exceed three (3) months. At the end of this period, the Minister of Health takes a
p.000073: final decision which is notified by registered letter with request for acknowledgment of receipt from the establishment
p.000073: approved blood transfusion center.
p.000073: If the closure of the approved blood transfusion establishment compromises the supply of blood and its derivatives
p.000073: blood corresponding to the needs of the country, the Minister of Health may take all measures
p.000073: urgent and necessary and designate, provisionally, a national or foreign substitute organization.
...

p.000082: 82
p.000082: - by doctors or pharmacists invested by this Code of inspection powers and
p.000082: participating in this capacity in the judicial police within the limits of their powers;
p.000082: - by the competent administrative authorities at regional level;
p.000082: - by officials such as market controllers or hygiene inspectors,
p.000082: municipal architects and all other agents authorized by the Ministry of Health, having regard to
p.000082: the functions they exercise or their technical competence.
p.000082: Members of the Police and Gendarmerie personnel who are qualified as officers or
p.000082: judicial police are empowered to draw up these minutes as part of their normal powers they
p.000082: are from the Code of Criminal Procedure.
p.000082: Article 355.- Given the effective existence of separate specialized training units for doctors,
p.000082: dentists and pharmacists, and unless exceptional authorization has been granted by the Minister
p.000082: in charge of Health, each member of one of the medical, pharmacist or dentist-dentist must exercise their art
p.000082: within the limits of the training he has received and the capacities conferred on him by the diplomas he holds.
p.000082: The exceptional authorization which he receives from the supervisory Ministry can only be justified by the existence or
p.000082: the temporary incapacity of a member of a body whose art can be exercised by a member of another body,
p.000082: and this, while respecting everyone's right to have access to medical care or medication.
p.000082: The procedures for applying this article are specified by regulation.
p.000082: Article 356.- On pain of nullity of the acts of finding, the authorities or agents empowered to perform them
p.000082: must be sworn.
p.000082: Article 357.- The inspecting doctors, the doctors in charge of health facilities, fixed or mobile, the doctors
p.000082: heads of health offices may be required by administrative authorities for the
p.000082: finding of breaches as an expert.
p.000082: Article 358.- As a transitional measure, changes concerning the distribution as well as the name, the
p.000082: field of activity, the territorial limits of Hospital Establishments and Care Centers,
p.000082: Reference for first and second appeals are set:
p.000082: - either by decree implementing this law establishing the Health Code;
p.000082: - either by any regulatory text fixing the attributions of the Minister in charge of Health as well as
p.000082: the general organization of his Ministry.
p.000082: As a temporary measure, in this Code, the distribution and the name, the field of activities and
p.000082: the above-mentioned territorial limits remain unchanged. The same is true for the current denomination of
p.000082: existing institutions within the Ministry of Health.
p.000082: Article 359.- All provisions prior to those of this law, in particular those of Ordinance No. 62-072
p.000082: of September 29, 1962 and those of its amending texts, are and remain repealed.
p.000083: 83
p.000083: Article 360.- In accordance with the provisions of article 4 of ordinance n ° 62-041 of September 19, 1962 relating to
p.000083: general provisions of internal law and private international law, this law comes into force on
p.000083: the entire extent of the territory of the Republic from the date of its signature once broadcast on the
...

Social / Access to information

Searching for indicator access to information:

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p.000061: able to reach;
p.000061: - the Malagasy Criminal Code severely sanctions anyone who has favored or attempted to promote abortion. of the
p.000061: aggravated sentences are provided for members of medical or paramedical personnel who have committed the same
p.000061: facts;
p.000061: - the Malagasy Penal Code includes in its article 63 a provision which makes it possible to sanction a person who
p.000061: willfully refrain from providing assistance to another person in danger that they could provide
p.000061: either by his personal action, or by provoking help. This article applies to any member of the body
p.000061: midwifery who refrain from administering the care required of a woman by
p.000061: peril during childbirth.
p.000062: 62
p.000062: Article 265.- The following rules, which enshrine the best interests of the child in society,
p.000062: contained in International Conventions and in National Law ensure the protection and
p.000062: safeguarding the physical and moral integrity of the child:
p.000062: - the State recognizes that every child has an inherent right to life and ensures as far as possible the
p.000062: child survival and development;
p.000062: - the State undertakes to respect the right of the child to preserve his identity, his name and his family relationships
p.000062: ;
p.000062: - the State ensures that the child has access to information aimed at promoting his social well-being,
p.000062: spiritual and moral as well as physical and mental health;
p.000062: - the state protects children and adolescents from all forms of violence, attack or brutality
p.000062: physical or mental, neglect or neglect, including abuse, violence and sexual exploitation that
p.000062: the law punishes severely. In this perspective, the Malagasy Penal Code protects the child against infanticide,
p.000062: physical harm to minor children, violence or deprivation seriously affecting health or
p.000062: a child's physical integrity;
p.000062: - children have the right to the best possible health and to benefit from services
p.000062: medical and rehabilitation. The State strives to guarantee every child access to health services;
p.000062: - the state must take all appropriate measures to fight disease and malnutrition, provide
p.000062: in the context of primary health care, ensuring the provision of nutritious food and drinking water;
...

Social / Age

Searching for indicator age:

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p.000027: The creation, organization and operating procedures of the National Council of Medicine
p.000027: Traditional are set by Decree taken in the Government Council on the proposal of the Minister of Health.
p.000027: The National Council is responsible, among other things, for the control and monitoring of the practice of Medicine
p.000027: Traditional, as part of its promotion and development. If necessary, a municipal antenna
p.000027: of the National Council can be set up, in each Commune, under the name of: "Advisory Committee
p.000027: Communal ", responsible for controlling and monitoring the practice of traditional medicine in the municipality concerned.
p.000027: Traditional healers are authorized to form an Association responsible for promoting and
p.000027: development of Traditional Medicine, provided that it is officially recognized as useful
p.000027: Public.
p.000027: The documents, objects and remedies used in Traditional Medicine must be presented:
p.000027: - upon any request from the health or administrative authorities of the exercise localities;
p.000027: - any control ordered by the Minister of Health or by the National Council for
p.000027: Traditional medicine.
p.000027: Article 101.- No one can exercise the profession of traditional healer, on the National Territory, if he is not:
p.000027: - of Malagasy nationality;
p.000027: - resident in Madagascar;
p.000027: - authorized by the Minister of Health and entered in the local and national registers of
p.000027: the Association;
p.000027: - recognized as of good character and enjoy their civil and civic rights for a period of 5 years
p.000027: preceding the date of its entry in the register; the loss of said rights automatically results in the
p.000027: deletion from the register;
p.000027: - over twenty-one (21) years of age.
p.000027: Article 102.- In the exercise of their functions, traditional healers are not authorized, nor to wear
p.000027: judgments on the effectiveness or not of the methods of modern medicine and those authorized
p.000027: officially on the National Territory, nor to encourage to desert public health facilities or
p.000027: private.
p.000028: 28
p.000028: The provisions of articles 75, 90 and 91 of this Code are applicable to medical auxiliaries and
p.000028: traditional healers.
p.000028: A decree issued by the Government Council on the proposal of the Minister of Health sets the conditions
p.000028: of exercise, organization and functioning of the traditional pharmacopoeia.
p.000028: BOOK III
p.000028: DRUGS, PHARMACY AND GENERAL CONDITIONS FOR THE PRACTICE OF THE PHARMACIST
p.000028: Article 103.- This Code applies to any person practicing the profession of pharmacist, to any
p.000028: activity in the field of medicine and other health goods as well as the sale of medicinal plants on the
p.000028: territory of the Republic of Madagascar.
p.000028: FIRST TITLE
p.000028: DRUGS AND PHARMACY
p.000028: FIRST CHAPTER
p.000028: NATIONAL PHARMACEUTICAL POLICY
p.000028: Article 104.- The National Pharmaceutical Policy is part of the National Health Policy defined
p.000028: by the government.
p.000028: It aims to ensure an adequate supply of essential medicines of good quality, safe and
p.000028: effective, and rational use of these drugs.
p.000028: In order to ensure an adequate and sustainable supply of good quality, safe essential medicines
p.000028: and effective, the National Pharmaceutical Policy must endeavor to promote research and
p.000028: national production of pharmaceutical products.
p.000028: The Malagasy pharmacopoeia must adopt the standards which favor this objective of national production.
...

p.000034: to medicines or health products placed on the market, whether for a fee or free of charge, whether this risk is
p.000034: potential or proven. It also includes all centralization, control operations
p.000034: and dissemination of information on adverse drug reactions.
p.000034: Article 124.- The granting of a Marketing Authorization for a drug subjects the holder to the obligation
p.000034: to inform the Madagascar Medicines Agency of any "unexpected side effect" brought to its attention. This
p.000034: obligation applies to prescribers, dispensers and beneficiaries.
p.000035: 35
p.000035: The manufacturer of a licensed product or the importer must inform the Madagascar Medicines Agency of any
p.000035: withdrawal or suspension of the product in the country of origin, as soon as it becomes aware of it.
p.000035: Section 4
p.000035: Prescription
p.000035: Article 125.- The following are authorized to prescribe:
p.000035: - the doctors ;
p.000035: - hospital interns and externs;
p.000035: - internal medical interns under the authority of the doctor responsible for the service;
p.000035: - dental surgeons within the limits of a list determined by order of the Minister responsible for
p.000035: Health;
p.000035: - in the absence of a doctor, the paramedics within the limits of the lists of drugs
p.000035: authorized for each level of health facility.
p.000035: Any prescription must include the name, university title, specialty and address of the
p.000035: prescriber, the registration number for the Order in the event that the Order is established, name, age, weight and
p.000035: the address of the patient for whom the drug is prescribed, the name or international nonproprietary name of the
p.000035: prescribed drug or formula, the dosage and duration of treatment,
p.000035: date, stamp and signature of the prescriber.
p.000035: Except in cases provided for by the regulations in force, all prescribers of drugs are prohibited and
p.000035: other pharmaceuticals to receive in any form, directly or indirectly,
p.000035: interest or rebates proportional or not to the number of units sold.
p.000035: Section 5
p.000035: Preparation
p.000035: Article 126.- Only authorized to prepare medicines and other pharmaceutical products
p.000035: :
p.000035: - community pharmacists;
p.000035: - pharmacy assistants under the supervision of a pharmacist;
p.000035: - pharmacists from different public or private hospitals;
p.000035: - in public health facilities, paramedics within the limits of lists of pharmaceutical products
p.000035: allowed.
p.000035: Section 6
p.000035: From the dispensation
p.000035: Article 127.- By dispensation is meant the delivery to the public or to patients of medicines and other
p.000035: health goods, supplemented by information and advice necessary for their proper use.
p.000035: Any delivery for a fee or free of pharmaceutical products outside establishments
p.000035: pharmaceutical and sanitary is prohibited. Expired drugs and products must be removed from the
p.000035: consumption. Any pharmacist who is accused of having sold expired products, in relation to this offense
p.000035: will be brought before the Council of the Order for violation of legal and regulatory provisions in matters
p.000035: pharmaceutical. The sanctions provided for in the provisions of the legislative and regulatory texts in force, in
...

p.000057: the protection of the rights of people living with HIV / AIDS as well as those of its implementing texts, any
p.000057: persons engaged in prostitution must be identified and documented. Special surveillance measures should
p.000057: be taken towards them, without derogating from confidentiality obligations.
p.000057: TITLE VIII
p.000057: THE FIGHT AGAINST ENVIRONMENTAL-RELATED DISEASES
p.000057: Article 247.- Environmental diseases must be the subject of research and studies
p.000057: depth. Specific measures to protect human health, through the development of the Plan
p.000057: Operational in Health and Environment will have to be popularized and followed. Environmental indicators
p.000057: likely to cause effects on human health should be monitored and controlled. The
p.000057: organizational arrangements for monitoring, information, alert, investigation and response systems
p.000057: are set by decree taken by the Government Council on the proposal of the Minister of Health,
p.000057: following the recommendation of the Libreville Declaration. Any program, any plan, any project whose
p.000057: activities may harm human health must be the subject of Health Impact Assessments, in accordance with the text
p.000057: in force concerning the MECIE (Accounting for Investments with the Environment).
p.000058: 58
p.000058: BOOK V
p.000058: OF THE CONTROL OF NON-COMMUNICABLE DISEASES
p.000058: FIRST TITLE
p.000058: LIFE-RELATED DISEASE MEASURES
p.000058: Article 248.- The State must provide for the needs of any citizen who, by reason of his age or his motor incapacity,
p.000058: sensory or mental, is unable to work, in particular by the institution of organisms to
p.000058: social characters.
p.000058: Article 248 bis.- The Law provides for measures to eliminate the inequalities affecting people with disabilities.
p.000058: The duration and working conditions must not affect the health or the dignity of the worker.
p.000058: Article 249.- The list of diseases to which these provisions apply as well as the measures for
p.000058: fight against chronic and disabling diseases are determined by regulatory texts taken by the
p.000058: Minister of Health. This list can be modified under the same conditions as above depending on
p.000058: possible new forms of disease.
p.000058: Article 250.- The implementation, in all fields, of the promotion of the prevention of chronic diseases not
p.000058: transmissible is set by regulatory texts from the Ministry of Health.
p.000058: Article 251.- Pursuant to Law No. 97-044 of February 2, 1998 on the disabled and
p.000058: subsequent texts, the organization and care arrangements for people with disabilities in the
p.000058: Community-based rehabilitation frameworks are set by regulation.
p.000058: Article 252.- The associations for the fight against chronic and disabling diseases provide assistance to the sick and
p.000058: their families and participate in the organization of awareness campaigns on the subject. The organization and
p.000058: the functioning of these associations are fixed by order of the Minister of Health.
...

Social / Child

Searching for indicator child:

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p.000001: administrative procedures have been put in place. The responsibilities of the Ministry of Health are
p.000001: considerably increased, while notable progress has been made in the areas of
p.000001: Ministry of Health.
p.000001: The conception of the National Health Policy was itself strongly marked by fundamental texts
p.000001: international and national, the main ones worth mentioning.
p.000001: In the field of International Law and during the fifty years which separate the two Codes,
p.000001: important International Conventions have been ratified by Madagascar, which invite all States Parties to do
p.000001: make tangible progress in their health policy.
p.000001: We can cite in particular, in the Universal Declaration of Human Rights, the article
p.000001: 25:
p.000001: 1) “Everyone has the right to a standard of living sufficient to ensure his health, well-being and those of his
p.000001: family, in particular… medical care and necessary social services… ”;
p.000001: 2) "Maternity and childhood have the right to special care and assistance".
p.000001: In the International Covenant on Economic, Social and Cultural Rights, we can note Article 12 which provides
p.000001: :
p.000001: 1. "The States Parties to the present Covenant recognize the right of everyone to the enjoyment of the highest standard of health
p.000001: physical and mental that she is able to achieve. "
p.000001: 2. The measures which the States Parties to the present Covenant will take to ensure the full exercise of this right must
p.000001: understand the measures necessary to ensure:
p.000001: at. the decrease in stillbirth and infant mortality, as well as the development
p.000001: healthy child;
p.000001: b. improvement of all aspects of environmental and industrial hygiene;
p.000001: vs. the prophylaxis and treatment of epidemic, occupational and other diseases, as well as the fight against these
p.000001: diseases;
p.000001: d. the creation of conditions capable of providing all medical services and medical aid in the event of illness ”.
p.000001: 1
p.000001: On the National Plan
p.000001: The Constitution contains some provisions concerning the protection of the individual and his
p.000001: health.
p.000001: We can notably mention the provisions which stipulate that the "State recognizes and organizes at all
p.000001: individual the right to protection of his health from conception ", and also that" the State ensures the protection of
p.000001: family for its free development as well as that of the mother and the child by legislation and by
p.000001: appropriate social institutions ”.
p.000001: The Government is committed to achieving real and tangible development by giving priority to
p.000001: Transformational Reform Initiatives.
p.000001: Proceeding with the analysis of poverty, the Government mapped out the strategies and the various actions which
p.000001: lead to rapid economic growth, contribute to poverty reduction and enable
p.000001: countries to take advantage of the challenges of globalization, in line with the Millennium Development Goals.
p.000001: The National Health Policy strategies and projects include 8 commitments, aim
p.000001: essentially an effective reduction in poverty and a tangible improvement in the quality of life
p.000001: Malagasy.
p.000001: Concerning more particularly the Health / Population component, the Government has been constantly concerned
p.000001: to maintain the population in good health, that is to say in a complete state of physical, mental and
p.000001: social. Indeed, such a population can contribute to the development of the Nation and lead to
p.000001: long and fruitful lives. It thus constitutes the fundamental lever of development.
p.000001: We therefore understand that the Government, taking into account the latest available data on the state
p.000001: of the population and in particular of the most vulnerable social groups, defined the major
p.000001: lines of a health policy which includes in particular Health, Family Planning and the Fight against HIV / AIDS.
p.000001: The action program of the Health Sector has focused on eight (08) components which consist of:
p.000001: • ensuring the provision of quality health services to all;
p.000001: • eliminate the main communicable diseases;
p.000001: • win the fight against HIV / AIDS;
p.000001: • implement an effective family planning strategy;
p.000001: • reduce infant and child mortality;
p.000001: • reduce maternal and newborn mortality;
p.000001: • improve nutrition and food security;
p.000001: • supply the population with drinking water and generalize hygienic and sanitary practices.
p.000001: Thus, the problems of malnutrition and malaria will be solved; the trend of the spread of the
p.000001: HIV / AIDS will be reversed; drinking water will become accessible and the average size of the Malagasy family will be reduced,
p.000001: through education and the provision of health services.
p.000001: Taking into account these different statements, but above all the new socio-economic context to which the
p.000001: Government must cope, the Ministry of Health has made the decision to implement a new
p.000001: Health Code, inspired by preparatory work going back to different workshops organized in 1997 but
p.000001: enriched considerably thanks to a collective reflection involving the active participation of the Directorates,
p.000001: Services and Partners. The objective aims to put in the hands of health professionals and
p.000001: Service de la Population, an updated, credible and accessible legal instrument for all.
p.000002: 2
p.000002: The content of the law
p.000002: The Law on the Health Code contains 360 articles, compared to 117 articles for the former Public Health Code.
p.000002: Furthermore, it should be noted that, in compliance with the provisions of the Constitution relating to the field of
p.000002: law and regulations, the new project mainly defines the general principles of the organization and
p.000002: functioning of the Health Sector. It must be supplemented by decrees or orders concerning the procedures
p.000002: and rules which are not necessarily general principles.
...

p.000002: alongside the already known but specified provisions, innovations have been introduced concerning the
p.000002: profession of medical auxiliaries and recognition of the legality of the practice of traditional medicine,
p.000002: without omitting to legally limit this recognition, in order to avoid the proliferation of charlatanism in the
p.000002: profession.
p.000002: Book III relates to medicines, pharmacy and the conditions of exercise of the profession of
p.000002: pharmacy. Innovative rules concern the national pharmaceutical policy, the definition of drugs, the
p.000002: clinical trials, advertising, wholesale import establishments, managed pharmacies
p.000002: particular, the traditional pharmacopoeia and the liberalization of operations concerning the sale of medicines and
p.000002: other health goods.
p.000002: Book IV sets out in a normal order - that of the competent services - the procedures for combating
p.000002: contagious diseases. In addition, the case of other emerging and re-emerging diseases is discussed, and
p.000002: special mention concerns infectious diarrheal diseases, including cholera and
p.000002: sexually transmitted diseases.
p.000002: Book V concerns noncommunicable diseases but strengthens the provisions relating to chronic diseases and
p.000002: debilitating, eye diseases, the fight against drug addiction and mental illnesses, without forgetting health
p.000002: Oral.
p.000002: Book VI requires special attention because it contains fundamental provisions taken from the Conventions
p.000002: protection of the family and the child. In addition, it introduces innovations on
p.000002: reproductive health and school and university health. It integrates into the Code of
p.000002: National Nutrition Policy and the Expanded Program on Immunization.
p.000003: 3
p.000003: Book VII reinforces provisions already known but requiring clarification on analysis laboratories
p.000003: medical, on blood and its derivatives and on the control of the handling of microbial products. A
p.000003: particular attention has been paid to the provisions intended to govern blood transfusion.
p.000003: Book VIII fixes the classification of the responsibilities of the personnel coming under the Ministry in charge of
p.000003: Health as well as those of its service providers and the resulting claims in the event of default.
p.000003: Book IX groups together the penalties and disciplinary measures applicable in the event of an offense. Sentences and measures
p.000003: arranged in agreement with all stakeholders in the health sector, given the seriousness of the offenses committed
p.000003: that these are public health activities.
p.000003: Book X relates to various and transitional provisions. It provides for transitional arrangements
p.000003: which must be designed or maintained pending the effective establishment of future
p.000003: the Fourth Republic.
p.000003: This is the purpose of this Law.
p.000004: 4
p.000004: PRESIDENCY OF THE HIGH AUTHORITY OF THE TRANSITION
p.000004: ---------------------
p.000004: LAW n ° 2011 - 002
p.000004: bearing the Health Code
p.000004: The Congress of the Transition and the Superior Council of the Transition adopted in their meetings
p.000004: as of May 24, 2011 and May 27, 2011,
p.000004: THE PRESIDENT OF THE HIGH AUTHORITY OF TRANSITION, HEAD OF STATE,
p.000004: Given the Constitution,
...

p.000060: of application taken by the Minister of Health.
p.000060: TITLE V
p.000060: DUTIES AND MEASURES
p.000060: Article 260.- Ministerial Departments, Institutions, NGOs and Civil Society have the duty to implement
p.000060: implements programs aimed at promoting the measures enacted with a view to:
p.000060: • to prevent all forms of noncommunicable diseases, particularly in the workplace, to practice
p.000060: sports and leisure, in schools and universities and in all covered public places
p.000060: or deemed to be covered;
p.000061: 61
p.000061: • to include in national development plans, programs and strategies, the
p.000061: prevention, early diagnosis and adequate management of the diseases referred to above;
p.000061: • collaborate with financial partners to facilitate access to treatment for these diseases.
p.000061: Article 261.- In addition to any applicable administrative or police measures, the transgression of
p.000061: provisions of regulatory texts aimed at preventing the spread of noncommunicable diseases is
p.000061: punished in accordance with the provisions of articles 329 to 330 of this Code, depending on the nature of the offenses
p.000061: committed in the matter.
p.000061: Article 262.- Oral conditions to which these provisions apply as well as
p.000061: oral disease control measures are determined by regulation at the behest of the
p.000061: Minister of Health.
p.000061: BOOK VI
p.000061: FAMILY HEALTH PROTECTION
p.000061: PRELIMINARY TITLE
p.000061: GENERAL INFORMATION ON THE PROTECTION OF MOTHER AND CHILD
p.000061: Article 262 bis.- Health is the right of every person and the duty of the State and is guaranteed through
p.000061: social and economic policies to reduce the risk of disease and other hazards and to facilitate access
p.000061: universal and equitable to all actions and services for the promotion, protection and restoration of
p.000061: health.
p.000061: Article 263.- The provisions regulating the health protection of the family, and more particularly
p.000061: of women and children, are inseparable from the provisions contained in the International Conventions and in
p.000061: National Law constituting the legal framework for the protection of the person of women and children.
p.000061: Article 264.- The following fundamental rules contained in the International Conventions, in
p.000061: the Constitution and in the National Law contribute to protect the family and the person of the woman:
p.000061: - the family, the natural and fundamental element of society, is protected by the State which ensures its freedom
p.000061: fulfillment as well as that of mother and child through legislation and social institutions
p.000061: appropriate;
p.000061: - based on the equality of men and women, during pregnancy, during childbirth and after
p.000061: delivery of appropriate and free services when needed, as well as adequate nutrition during
p.000061: pregnancy and breastfeeding;
p.000061: - the State recognizes the right of everyone to an adequate standard of living for himself and his family, including
p.000061: including adequate food, clothing and accommodation, as well as constant improvement in conditions
p.000061: of existence and also the right to enjoy the best physical and mental health
p.000061: able to reach;
p.000061: - the Malagasy Criminal Code severely sanctions anyone who has favored or attempted to promote abortion. of the
p.000061: aggravated sentences are provided for members of medical or paramedical personnel who have committed the same
p.000061: facts;
p.000061: - the Malagasy Penal Code includes in its article 63 a provision which makes it possible to sanction a person who
p.000061: willfully refrain from providing assistance to another person in danger that they could provide
p.000061: either by his personal action, or by provoking help. This article applies to any member of the body
p.000061: midwifery who refrain from administering the care required of a woman by
p.000061: peril during childbirth.
p.000062: 62
p.000062: Article 265.- The following rules, which enshrine the best interests of the child in society,
p.000062: contained in International Conventions and in National Law ensure the protection and
p.000062: safeguarding the physical and moral integrity of the child:
p.000062: - the State recognizes that every child has an inherent right to life and ensures as far as possible the
p.000062: child survival and development;
p.000062: - the State undertakes to respect the right of the child to preserve his identity, his name and his family relationships
p.000062: ;
p.000062: - the State ensures that the child has access to information aimed at promoting his social well-being,
p.000062: spiritual and moral as well as physical and mental health;
p.000062: - the state protects children and adolescents from all forms of violence, attack or brutality
p.000062: physical or mental, neglect or neglect, including abuse, violence and sexual exploitation that
p.000062: the law punishes severely. In this perspective, the Malagasy Penal Code protects the child against infanticide,
p.000062: physical harm to minor children, violence or deprivation seriously affecting health or
p.000062: a child's physical integrity;
p.000062: - children have the right to the best possible health and to benefit from services
p.000062: medical and rehabilitation. The State strives to guarantee every child access to health services;
p.000062: - the state must take all appropriate measures to fight disease and malnutrition, provide
p.000062: in the context of primary health care, ensuring the provision of nutritious food and drinking water;
p.000062: - the child occupies a privileged place within the family: he has the right to material and moral security
p.000062: as complete as possible;
p.000062: - the responsibility for its education belongs in the first place to the family which, however in case
p.000062: failure, must be helped and assisted by the public authorities.
p.000062: FIRST TITLE
p.000062: REPRODUCTIVE HEALTH
p.000062: FIRST CHAPTER
p.000062: PROVISIONS FOR LOWER RISK MATERNITY
p.000062: Article 266.- The health and social protection of pregnant women and mothers as well as that of children without
p.000062: not more than two (2) years completed is organized under the conditions set by decree taken in the Council of Government
p.000062: on the proposal of the Minister of Health.
p.000062: Article 267.- All practices having negative repercussions on the evolution of pregnancy,
p.000062: childbirth, postpartum and the postnatal period are punished with the penalties provided for in the provisions of
p.000062: Article 346 of this Code.
p.000062: The doctor has a duty to advise patients on the prevention of unwanted pregnancies.
p.000062: It is up to the State to set up special, quality health services accessible to
p.000062: women with complications related to pregnancy, childbirth, postpartum, postpartum
p.000062: birth rate and abortion.
...

p.000063: Transferable; as well as medical and surgical complications related to induced abortions,
p.000063: early pregnancies, and unwanted or unwanted pregnancies resulting from acts of violence or others;
p.000063: - prevention and treatment of infertility;
p.000063: - prenuptial consultation;
p.000063: - education in family life.
p.000063: Article 271 bis.- Human beings and their environment must be protected against abuse in matters of procreation
p.000063: medically assisted and genetic engineering.
p.000063: The State, through the Ministry of Health, legislates on the use of germinal and genetic heritage
p.000063: human. In doing so, it ensures the protection of human dignity, of the person and of the family and
p.000063: respects in particular the following principles:
p.000063: - any form of cloning and any intervention in the genetic heritage of gametes and embryos
p.000063: humans are prohibited;
p.000063: - the non-human genetic and germinal heritage can neither be transferred to the human germinal heritage nor
p.000063: merged with it;
p.000063: - the use of medically assisted procreation methods is only authorized when sterility or the danger of
p.000063: transmission of a serious illness cannot be ruled out in any other way, not to develop in the child
p.000063: certain qualities or for any purpose of eugenics as well as to satisfy research;
p.000064: 64
p.000064: - fertilization of human eggs outside the woman's body is only authorized under the conditions provided by law;
p.000064: only the number of human eggs can be developed outside the female body up to the embryo stage
p.000064: can be immediately implemented;
p.000064: - embryo donation and all forms of surrogacy are prohibited;
p.000064: - human germinal material or products resulting from embryos cannot be traded;
p.000064: - a person's genetic heritage can only be analyzed, recorded and communicated with the consent of
p.000064: this or by law;
p.000064: - everyone has access to data relating to their ancestry.
p.000064: TITLE II
p.000064: CHILD HEALTH PROTECTION
p.000064: Article 272.- Under the coordination of the Ministry of Health, actions
p.000064: multisectoral whose vocation is to fight against:
p.000064: • malnutrition of mother and child;
p.000064: • lack of food and economic security at the household level;
p.000064: • micronutrient deficiencies (iodine deficiency disorders, vitamin deficiency and anemia
p.000064: ferriprive), contribute to the implementation of the National Nutrition Policy or PNN adopted by
p.000064: regulatory.
p.000064: This policy includes interventions or strategies such as breastfeeding promotion
p.000064: breastfeeding and complementary food, nutrition intervention at community level,
p.000064: the integration of nutritional interventions into primary health care, the care of children severely
p.000064: malnourished, the school nutrition intervention, a national food and nutrition surveillance system.
p.000064: Article 273.- The Minister of Health collaborates closely with the others
p.000064: ministerial departments concerned.
p.000064: In partnership with various national or international organizations, it implements the IMCI (Support
p.000064: Integrated Charge of Childhood Illness).
p.000064: Article 274.- The National Health Policy includes in particular two strategic axes which concern the Program
p.000064: Expanded Vaccination in Madagascar: the promotion and protection of health and the fight against diseases.
p.000064: The objectives of the Expanded Program on Vaccination are in particular to control the diseases to be the object
p.000064: prevention through immunization, expanding access to immunization services to people in rural areas
p.000064: and peri-urban areas to reduce the gaps and avoid the creation of high-risk areas for target patients,
p.000064: promote intersectoral collaboration and ensure the sustainability of the Program.
p.000064: The implementation of the Expanded Program on Vaccination is ensured by the competent services of the Ministry
p.000064: responsible for health.
p.000064: Article 274 bis.- The State, through the Ministry of Health, must provide assistance
p.000064: comprehensive on child and adolescent health programs, allowing the participation of non-governmental entities
p.000064: governmental and respecting in particular the following precepts:
p.000064: - allocation of a percentage of public funds for mothers and health care for children;
p.000064: - creation of preventive and specialized care programs for people with motor, sensory or mental disabilities;
p.000064: - creation of programs for the social integration of disabled people and adolescents
p.000064: disadvantaged through specialized training and oriented towards their integration into life
p.000064: professional and community;
p.000064: - creation of specialized prevention and treatment programs for children and young people who consume
p.000064: narcotics and related drugs.
p.000065: 65
p.000065: TITLE III
p.000065: SCHOOL AND UNIVERSITY HEALTH
p.000065: Article 275.- Medical services concerned with the health of university students,
p.000065: grandes écoles and other institutions, private or public, of higher level, as well as pupils and
p.000065: teaching staff from secondary, technical and educational establishments
p.000065: base are organized by decree taken in the Government Council on the proposal of the
p.000065: Minister of Health.
p.000065: The regulations thus provided must in particular govern:
p.000065: - the attributions of the services;
p.000065: - the place they occupy within the general organization of the Ministry and the communities
p.000065: territorial;
...

p.000065: university and school infrastructure and good, nutrition and food safety;
p.000065: - the enumeration of measures relating to the national health policy which should strengthen the programs
p.000065: measures, in particular for children, and in order to generate, within communities and families,
p.000065: behavioral changes with regard to compliance with collective hygiene rules;
p.000065: - the vaccination obligation for all children, before admission to a school;
p.000065: - the obligation for all students to meet the vaccinations declared compulsory during schooling.
p.000065: Article 276.- The Minister of Health is concerned with respecting the norms and standards of
p.000065: "Health school".
p.000065: The regulations thus provided must in particular govern:
p.000065: - the installation of norms and standards in school health, whether at service level
p.000065: medical than at school and university level;
p.000065: - monitoring their effective application at all levels;
p.000065: - the participation of the Hygiene and Health Committee in the establishment of the components of "the school
p.000065: health ”for sustainability;
p.000065: - monitoring their effective application in schools.
p.000065: The terms of implementation and application of the previous two articles must be specified by
p.000065: regulatory route.
p.000065: TITLE IV
p.000065: PROTECTION OF THE FAMILY AND SOCIAL RIGHTS OF THE CHILD
p.000065: Article 277.- In addition to the provisions of Law No. 2007-023 of August 20, 2007 on the rights and protection of children,
p.000065: from birth, every child has the right to civil registration.
p.000065: Without prejudice to the provisions of Law No. 61-025 of October 9, 1961, as amended by Law No. 90-015 of July 1990
p.000065: relating to civil status acts, deliveries attended by doctors and midwives
p.000065: obligation to the latter, from the birth of the child or failing this, within a period not exceeding twelve days from
p.000065: from birth, to send a certificate to the registrar of the place of delivery
p.000065: indicating that the birth of the child occurred on a given day, at a certain time, at a certain location.
p.000066: 66
p.000066: The child's surname, chosen by the mother or the recognized competent parental authority, must appear in
p.000066: the certificate.
p.000066: Article 278.- Without prejudice to the provisions of the Law relating to acts of civil status and those of laws
p.000066: civil, the registrar is required, upon receipt of the certificate, to write immediately
p.000066: the birth certificate and signing with the declarant. Nevertheless, in case of doubt about the authenticity
p.000066: of the declarations contained in the certificate, the Civil Status Officer may have the sincerity of said said checked
p.000066: statements by a doctor or midwife other than the declarant. The doctor or midwife responsible for
p.000066: control must come from one of the Public Health Facilities at the place of delivery or, failing that, from a
p.000066: Public Health Facility closest to the place of delivery.
p.000066: More particularly and with a view to promoting the protection of the rights of the child, in the event of ill-treatment suffered by
p.000066: child, medical confidentiality must be lifted.
p.000066: BOOK VII
p.000066: LABORATORIES
p.000066: FIRST TITLE
p.000066: LABORATORIES OF MEDICAL ANALYSIS
p.000066: FIRST CHAPTER
p.000066: GENERAL PROVISIONS
p.000066: Article 279.- Medical laboratory means any establishment, whose essential activity
p.000066: consists in carrying out, on medical prescription, or from health workers, biological analyzes, tests and samples,
p.000066: which make it possible to highlight a biological or physiological modification, a pathogenic agent or a
p.000066: allergenic agent and contribute to the diagnosis, treatment, prevention of diseases,
p.000066: health check or pregnancy report.
p.000066: Article 280.- The opening and operation of a medical analysis laboratory is subject to authorization
p.000066: issued by the Minister of Health after consulting the National Commission for the opening and closing of
p.000066: private establishments.
p.000066: The authorization is issued in the name of the owner of the laboratory if it is a natural person or
p.000066: on behalf of the owner company and the director of the laboratory, or on behalf of the establishment
p.000066: hospital or healthcare, whether public or private, if it is a legal person
p.000066: with mention of the name of the director of the laboratory.
p.000066: Article 281.- No one may own, open, operate or direct a medical analysis laboratory unless he
p.000066: does not have the required diplomas and did not meet the conditions defined in Book VII of this Code.
p.000066: The regulations fix the constituent elements of the opening or operating request file,
p.000066: specifies the technical characteristics of the laboratory, the equipment and the personnel.
p.000066: Any modification of one of the constituent elements of the request occurring during operation,
p.000066: in particular, any change of director must be declared to the Minister responsible for
p.000066: Health.
...

Searching for indicator children:

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p.000061: Article 261.- In addition to any applicable administrative or police measures, the transgression of
p.000061: provisions of regulatory texts aimed at preventing the spread of noncommunicable diseases is
p.000061: punished in accordance with the provisions of articles 329 to 330 of this Code, depending on the nature of the offenses
p.000061: committed in the matter.
p.000061: Article 262.- Oral conditions to which these provisions apply as well as
p.000061: oral disease control measures are determined by regulation at the behest of the
p.000061: Minister of Health.
p.000061: BOOK VI
p.000061: FAMILY HEALTH PROTECTION
p.000061: PRELIMINARY TITLE
p.000061: GENERAL INFORMATION ON THE PROTECTION OF MOTHER AND CHILD
p.000061: Article 262 bis.- Health is the right of every person and the duty of the State and is guaranteed through
p.000061: social and economic policies to reduce the risk of disease and other hazards and to facilitate access
p.000061: universal and equitable to all actions and services for the promotion, protection and restoration of
p.000061: health.
p.000061: Article 263.- The provisions regulating the health protection of the family, and more particularly
p.000061: of women and children, are inseparable from the provisions contained in the International Conventions and in
p.000061: National Law constituting the legal framework for the protection of the person of women and children.
p.000061: Article 264.- The following fundamental rules contained in the International Conventions, in
p.000061: the Constitution and in the National Law contribute to protect the family and the person of the woman:
p.000061: - the family, the natural and fundamental element of society, is protected by the State which ensures its freedom
p.000061: fulfillment as well as that of mother and child through legislation and social institutions
p.000061: appropriate;
p.000061: - based on the equality of men and women, during pregnancy, during childbirth and after
p.000061: delivery of appropriate and free services when needed, as well as adequate nutrition during
p.000061: pregnancy and breastfeeding;
p.000061: - the State recognizes the right of everyone to an adequate standard of living for himself and his family, including
p.000061: including adequate food, clothing and accommodation, as well as constant improvement in conditions
p.000061: of existence and also the right to enjoy the best physical and mental health
p.000061: able to reach;
p.000061: - the Malagasy Criminal Code severely sanctions anyone who has favored or attempted to promote abortion. of the
p.000061: aggravated sentences are provided for members of medical or paramedical personnel who have committed the same
p.000061: facts;
p.000061: - the Malagasy Penal Code includes in its article 63 a provision which makes it possible to sanction a person who
...

p.000061: either by his personal action, or by provoking help. This article applies to any member of the body
p.000061: midwifery who refrain from administering the care required of a woman by
p.000061: peril during childbirth.
p.000062: 62
p.000062: Article 265.- The following rules, which enshrine the best interests of the child in society,
p.000062: contained in International Conventions and in National Law ensure the protection and
p.000062: safeguarding the physical and moral integrity of the child:
p.000062: - the State recognizes that every child has an inherent right to life and ensures as far as possible the
p.000062: child survival and development;
p.000062: - the State undertakes to respect the right of the child to preserve his identity, his name and his family relationships
p.000062: ;
p.000062: - the State ensures that the child has access to information aimed at promoting his social well-being,
p.000062: spiritual and moral as well as physical and mental health;
p.000062: - the state protects children and adolescents from all forms of violence, attack or brutality
p.000062: physical or mental, neglect or neglect, including abuse, violence and sexual exploitation that
p.000062: the law punishes severely. In this perspective, the Malagasy Penal Code protects the child against infanticide,
p.000062: physical harm to minor children, violence or deprivation seriously affecting health or
p.000062: a child's physical integrity;
p.000062: - children have the right to the best possible health and to benefit from services
p.000062: medical and rehabilitation. The State strives to guarantee every child access to health services;
p.000062: - the state must take all appropriate measures to fight disease and malnutrition, provide
p.000062: in the context of primary health care, ensuring the provision of nutritious food and drinking water;
p.000062: - the child occupies a privileged place within the family: he has the right to material and moral security
p.000062: as complete as possible;
p.000062: - the responsibility for its education belongs in the first place to the family which, however in case
p.000062: failure, must be helped and assisted by the public authorities.
p.000062: FIRST TITLE
p.000062: REPRODUCTIVE HEALTH
p.000062: FIRST CHAPTER
p.000062: PROVISIONS FOR LOWER RISK MATERNITY
p.000062: Article 266.- The health and social protection of pregnant women and mothers as well as that of children without
p.000062: not more than two (2) years completed is organized under the conditions set by decree taken in the Council of Government
p.000062: on the proposal of the Minister of Health.
p.000062: Article 267.- All practices having negative repercussions on the evolution of pregnancy,
p.000062: childbirth, postpartum and the postnatal period are punished with the penalties provided for in the provisions of
p.000062: Article 346 of this Code.
p.000062: The doctor has a duty to advise patients on the prevention of unwanted pregnancies.
p.000062: It is up to the State to set up special, quality health services accessible to
p.000062: women with complications related to pregnancy, childbirth, postpartum, postpartum
p.000062: birth rate and abortion.
p.000062: More particularly, concerning the prevention of gynecological cancers, health facilities have the duty
p.000062: make available to women between the ages of twenty five and fifty the appropriate information for the
p.000062: prevention of cervical cancer and breast cancer. The doctor has a duty to give advice
p.000062: to women on the prevention of gynecological cancers.
p.000062: Article 268.- Every woman has the right to benefit from screening for cervical cancer by Visual Inspection
p.000062: Acetic Acid (IVA) or by Pap smear at least once in their lifetime.
p.000063: 63
p.000063: It is up to the State to set up special and accessible health services for women suffering from
p.000063: cervical cancer and breast cancer to be available for:
p.000063: - the diagnosis ; and
p.000063: - the management of these cancers.
p.000063: CHAPTER II
p.000063: FAMILY PLANNING
...

p.000064: can be immediately implemented;
p.000064: - embryo donation and all forms of surrogacy are prohibited;
p.000064: - human germinal material or products resulting from embryos cannot be traded;
p.000064: - a person's genetic heritage can only be analyzed, recorded and communicated with the consent of
p.000064: this or by law;
p.000064: - everyone has access to data relating to their ancestry.
p.000064: TITLE II
p.000064: CHILD HEALTH PROTECTION
p.000064: Article 272.- Under the coordination of the Ministry of Health, actions
p.000064: multisectoral whose vocation is to fight against:
p.000064: • malnutrition of mother and child;
p.000064: • lack of food and economic security at the household level;
p.000064: • micronutrient deficiencies (iodine deficiency disorders, vitamin deficiency and anemia
p.000064: ferriprive), contribute to the implementation of the National Nutrition Policy or PNN adopted by
p.000064: regulatory.
p.000064: This policy includes interventions or strategies such as breastfeeding promotion
p.000064: breastfeeding and complementary food, nutrition intervention at community level,
p.000064: the integration of nutritional interventions into primary health care, the care of children severely
p.000064: malnourished, the school nutrition intervention, a national food and nutrition surveillance system.
p.000064: Article 273.- The Minister of Health collaborates closely with the others
p.000064: ministerial departments concerned.
p.000064: In partnership with various national or international organizations, it implements the IMCI (Support
p.000064: Integrated Charge of Childhood Illness).
p.000064: Article 274.- The National Health Policy includes in particular two strategic axes which concern the Program
p.000064: Expanded Vaccination in Madagascar: the promotion and protection of health and the fight against diseases.
p.000064: The objectives of the Expanded Program on Vaccination are in particular to control the diseases to be the object
p.000064: prevention through immunization, expanding access to immunization services to people in rural areas
p.000064: and peri-urban areas to reduce the gaps and avoid the creation of high-risk areas for target patients,
p.000064: promote intersectoral collaboration and ensure the sustainability of the Program.
p.000064: The implementation of the Expanded Program on Vaccination is ensured by the competent services of the Ministry
p.000064: responsible for health.
p.000064: Article 274 bis.- The State, through the Ministry of Health, must provide assistance
p.000064: comprehensive on child and adolescent health programs, allowing the participation of non-governmental entities
p.000064: governmental and respecting in particular the following precepts:
p.000064: - allocation of a percentage of public funds for mothers and health care for children;
p.000064: - creation of preventive and specialized care programs for people with motor, sensory or mental disabilities;
p.000064: - creation of programs for the social integration of disabled people and adolescents
p.000064: disadvantaged through specialized training and oriented towards their integration into life
p.000064: professional and community;
p.000064: - creation of specialized prevention and treatment programs for children and young people who consume
p.000064: narcotics and related drugs.
p.000065: 65
p.000065: TITLE III
p.000065: SCHOOL AND UNIVERSITY HEALTH
p.000065: Article 275.- Medical services concerned with the health of university students,
p.000065: grandes écoles and other institutions, private or public, of higher level, as well as pupils and
p.000065: teaching staff from secondary, technical and educational establishments
p.000065: base are organized by decree taken in the Government Council on the proposal of the
p.000065: Minister of Health.
p.000065: The regulations thus provided must in particular govern:
p.000065: - the attributions of the services;
p.000065: - the place they occupy within the general organization of the Ministry and the communities
p.000065: territorial;
p.000065: - the establishment of compulsory periodic medical examinations, subject to control and monitoring under
p.000065: the authority of the Ministry of Health;
p.000065: - the implementation of a policy to promote hygienic conditions, sanitation of
p.000065: university and school infrastructure and good, nutrition and food safety;
p.000065: - the enumeration of measures relating to the national health policy which should strengthen the programs
p.000065: measures, in particular for children, and in order to generate, within communities and families,
p.000065: behavioral changes with regard to compliance with collective hygiene rules;
p.000065: - the vaccination obligation for all children, before admission to a school;
p.000065: - the obligation for all students to meet the vaccinations declared compulsory during schooling.
p.000065: Article 276.- The Minister of Health is concerned with respecting the norms and standards of
p.000065: "Health school".
p.000065: The regulations thus provided must in particular govern:
p.000065: - the installation of norms and standards in school health, whether at service level
p.000065: medical than at school and university level;
p.000065: - monitoring their effective application at all levels;
p.000065: - the participation of the Hygiene and Health Committee in the establishment of the components of "the school
p.000065: health ”for sustainability;
p.000065: - monitoring their effective application in schools.
p.000065: The terms of implementation and application of the previous two articles must be specified by
p.000065: regulatory route.
p.000065: TITLE IV
p.000065: PROTECTION OF THE FAMILY AND SOCIAL RIGHTS OF THE CHILD
p.000065: Article 277.- In addition to the provisions of Law No. 2007-023 of August 20, 2007 on the rights and protection of children,
p.000065: from birth, every child has the right to civil registration.
p.000065: Without prejudice to the provisions of Law No. 61-025 of October 9, 1961, as amended by Law No. 90-015 of July 1990
p.000065: relating to civil status acts, deliveries attended by doctors and midwives
p.000065: obligation to the latter, from the birth of the child or failing this, within a period not exceeding twelve days from
p.000065: from birth, to send a certificate to the registrar of the place of delivery
p.000065: indicating that the birth of the child occurred on a given day, at a certain time, at a certain location.
p.000066: 66
p.000066: The child's surname, chosen by the mother or the recognized competent parental authority, must appear in
p.000066: the certificate.
p.000066: Article 278.- Without prejudice to the provisions of the Law relating to acts of civil status and those of laws
p.000066: civil, the registrar is required, upon receipt of the certificate, to write immediately
p.000066: the birth certificate and signing with the declarant. Nevertheless, in case of doubt about the authenticity
p.000066: of the declarations contained in the certificate, the Civil Status Officer may have the sincerity of said said checked
p.000066: statements by a doctor or midwife other than the declarant. The doctor or midwife responsible for
...

Social / Elderly

Searching for indicator elderly:

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p.000055: Epidemiological. No one may object to the application of these measures.
p.000055: TITLE V
p.000055: OF THE FIGHT AGAINST OTHER CONTAGIOUS DISEASES
p.000055: AND THE CASES OF OTHER EMERGING AND RE-EMERGING DISEASES
p.000055: Article 231.- The organization of the fight against other contagious diseases in general, and the fight against
p.000055: cancer, mental illnesses, debilitating illnesses and other cases of social ills is governed by
p.000055: the laws and regulations in force, under the leadership of the Minister of Health and all other authorities
p.000055: competent sanitary and administrative departments.
p.000055: TITLE VI
p.000055: OF THE FIGHT AGAINST DIARRHEIC INFECTIOUS DISEASES INCLUDING CHOLERA
p.000055: Article 232.- Communicable diarrheal diseases, in general, and cholera in particular, must
p.000055: must be declared by public and private health professionals to the authority
p.000055: competent sanitary. Any case of cholera must be notified as soon as possible.
p.000055: the World Health Organization by the aforementioned competent health authority. The first suspected cases
p.000055: cholera occurring in an area previously considered free must be confirmed in the laboratory and
p.000055: results communicated to the World Health Organization as soon as possible by the same health authority
p.000055: competent.
p.000056: 56
p.000056: Article 233.- There is suspicion of cholera when:
p.000056: - in an area apparently spared from cholera, an acute episode of watery diarrhea
p.000056: usually accompanied by vomiting causes severe dehydration or death in an elderly patient
p.000056: more than five (5) years;
p.000056: - in an area where an outbreak of cholera breaks out, a patient aged two (2) years suffers from watery diarrhea
p.000056: acute with or without vomiting.
p.000056: An outbreak of cholera should be mentioned in the following cases:
p.000056: - a patient over five (5) years old presents with severe dehydration or succumbs to an acute episode
p.000056: watery diarrhea;
p.000056: - there is a sudden increase in the daily number of acute cases of watery diarrhea,
p.000056: especially if it is watery "rice-like" stools, containing lumps typical of cholera.
p.000056: Article 234.- In order to eliminate any danger of the spread of cholera, it may be taken by the Minister responsible for
p.000056: Health a decree establishing a state of alert in a locality or a localized geographic region and where
p.000056: must be applied, for an indefinite period, hygiene and prophylaxis measures.
p.000056: To this end, anyone entering or leaving an infected area must be subject to prophylactic measures.
p.000056: Article 235.- For better prevention against cholera epidemics, the authorities concerned
p.000056: collaboration with the Ministry of Health must ensure populations have access to safe water and
p.000056: properly treated, good environmental sanitation and food safety.
p.000056: To promote the use of latrines, the concept of hygiene and sanitation must be part of
p.000056: school programs to instill in students and awareness-raising actions carried out in particular in the area
p.000056: women.
p.000056: Article 236.- A National Interministerial Coordination Committee bringing together senior officials from all
p.000056: the Ministries and Services is created to ensure the collaboration of the sectors involved, to guarantee
...

Social / Incarcerated

Searching for indicator prison:

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p.000024: provision for the operation of public services. Violation of the provisions of this paragraph is
p.000024: constituting the crimes of unfair competition and misappropriation of public goods resulting in the application of
p.000024: sanctions in force in this area.
p.000024: TITLE II
p.000024: SOME SPECIAL RULES
p.000024: Article 88.- The provisions of this title are applicable:
p.000024: - members of the Medical Corps;
p.000024: - members of the paramedical corps;
p.000024: - medical auxiliaries;
p.000024: - traditional healers.
p.000024: Article 89.- Any member of the medical corps, paramedical corps, medical auxiliaries and
p.000024: traditional healers must comply with the following requirements:
p.000024: 1- he is forbidden to carry out a Voluntary Termination of Pregnancy or to favor an abortion under pain
p.000024: incur the sanctions provided for in article 317 of the Penal Code, except under the conditions prescribed by law and
p.000024: the regulations in force;
p.000024: 2- more particularly, is punished with the penalties provided for by the provisions of article 160 of the Penal Code while
p.000024: member of the paramedical corps who issues a medical certificate, medical conclusions of convenience
p.000024: relating to a state of health in view:
p.000024: at. to exempt a person from a legally due public service obligation or to exempt him from a planned constraint
p.000024: by law, such as a police custody measure or a judicial inquiry;
p.000024: b. to avoid the constraints of a person sentenced to imprisonment or pre-trial detention
p.000024: stay in a penal institution by having it admitted, without duly justified reasons, to a
p.000024: hospital or health facility, outside the prison environment;
p.000024: vs. to prejudice one or the other party in a trial without there being any need to establish
p.000024: the existence of an act of corruption.
p.000024: 3- In addition to the aforementioned prohibitions concerning the exercise of the profession of doctor, paramedics,
p.000024: medical auxiliaries and traditional healers are prohibited:
p.000024: - any direct or indirect form of promotion campaign promoting awareness of medical specialties
p.000024: or the instruments and materials that we have and that are likely, by their recent and unusual character
p.000024: to attract customers;
p.000024: - any direct or indirect form of advertising aimed at encouraging customer loyalty.
p.000025: 25
p.000025: Transgression of the above-mentioned prohibitions is subject to the penalties provided for in the matter under the provisions
p.000025: of Book IX of this Code.
p.000025: Article 90.- Any member of the medical and paramedical corps, in the exercise of the profession, can be prosecuted
p.000025: homicide, assault and battery, as provided for in articles 319 and 320 of the Penal Code.
p.000025: Article 91.- In the case of infirmity or medical condition of a member of the Medical or Paramedical Corps,
p.000025: making the exercise of the profession dangerous, the Council of the Order to which it belongs can pronounce on it,
p.000025: temporary suspension for a fixed but renewable period of the right to exercise.
p.000025: The definitive suspension or the refusal of the right to exercise can be pronounced in the event of confirmation
p.000025: of a state of alienation of the health professional. However, the temporary or permanent suspension of the right
...

p.000076: serious committed in the exercise of or in connection with the exercise of their functions, inter alia for
p.000076: embezzlement convicted. Or when there is a marked intentional fault or a fault of
p.000076: technical service such as the deterioration or loss of equipment in service, consumables or
p.000076: medical products. And especially when it is proven that the fault committed is a fault detachable from the service.
p.000076: Article 327.- More particularly, in addition to the personnel belonging to the Ministry responsible for Health, the
p.000076: The abovementioned responsibilities also engage the partners providing the following services:
p.000076: - providers;
p.000076: - providers ;
p.000076: - entrepreneurs;
p.000076: - Suppliers.
p.000076: BOOK IX
p.000076: PENALTIES AND DISCIPLINARY MEASURES APPLICABLE IN THE EVENT OF AN INFRINGEMENT
p.000076: FIRST TITLE
p.000076: PENALTIES
p.000076: Article 328.- All offenses against sanitary measures enacted in Chapters I, II and III of Title one of
p.000076: First Book of this Code, are punished with the penalties provided for in article 329 and 330 below of the same Code, without
p.000076: prejudice to the criminal proceedings provided for by the Penal Code, and to the disciplinary proceedings which may result therefrom.
p.000076: Article 329.- All offenses against the measures enacted by this Code and intended for protection against
p.000076: pollution of drinking water and environmental protection as well as that intended for water monitoring
p.000076: and of all foodstuffs delivered for consumption, are punished with a prison term of one month to
p.000076: three and a half years and a fine of 150,000 Ariary to 1,500.00 Ariary or one of these two sentences only.
p.000076: In the event of recidivism, the penalties will be doubled.
p.000076: Are also prohibited, under penalty of the same penalties:
p.000076: - delivery for human consumption of water deemed not to be potable;
p.000076: - fraud, adulteration, marketing of adulterated food,
p.000076: corrupt or toxic products intended to falsify food and incitement to
p.000076: falsification as well as any attempt at the wrongdoings listed above.
p.000077: 77
p.000077: The foregoing provisions refer to the “polluter pays” principles, in Law No.
p.000077: 98-029 of 20 January 1999 relating to the Water Code and to Law No. 99-021 of 9 August 1999 on the management and
p.000077: control of industrial pollution.
p.000077: Article 330.- Any concession holder of a drinking water distribution which, through inattention, negligence, lacks
p.000077: of precaution, non-observance of sanitary regulations or prescriptions of specifications caused the
p.000077: delivery of drinking water likely to harm the health of the public or any polluter is punishable by
p.000077: fine of 18,000 Ariary to 600,000 ariary and imprisonment of one month to six months or both
p.000077: penalties only, without prejudice to the provisions of Law No. 98-029 of 20 January 1999 on the Water Code, in the
p.000077: material. In the event of recidivism, the penalties will be doubled.
p.000077: Article 331.- Any individual who refuses to submit to the emergency requisitions, addressed to him, by an agent qualified in
p.000077: its quality as a public authority; as stipulated by article 75 of this Code, is punished with a fine of
...

Social / Infant

Searching for indicator infant:

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p.000001: changes in population health have taken place. New institutional structures and
p.000001: administrative procedures have been put in place. The responsibilities of the Ministry of Health are
p.000001: considerably increased, while notable progress has been made in the areas of
p.000001: Ministry of Health.
p.000001: The conception of the National Health Policy was itself strongly marked by fundamental texts
p.000001: international and national, the main ones worth mentioning.
p.000001: In the field of International Law and during the fifty years which separate the two Codes,
p.000001: important International Conventions have been ratified by Madagascar, which invite all States Parties to do
p.000001: make tangible progress in their health policy.
p.000001: We can cite in particular, in the Universal Declaration of Human Rights, the article
p.000001: 25:
p.000001: 1) “Everyone has the right to a standard of living sufficient to ensure his health, well-being and those of his
p.000001: family, in particular… medical care and necessary social services… ”;
p.000001: 2) "Maternity and childhood have the right to special care and assistance".
p.000001: In the International Covenant on Economic, Social and Cultural Rights, we can note Article 12 which provides
p.000001: :
p.000001: 1. "The States Parties to the present Covenant recognize the right of everyone to the enjoyment of the highest standard of health
p.000001: physical and mental that she is able to achieve. "
p.000001: 2. The measures which the States Parties to the present Covenant will take to ensure the full exercise of this right must
p.000001: understand the measures necessary to ensure:
p.000001: at. the decrease in stillbirth and infant mortality, as well as the development
p.000001: healthy child;
p.000001: b. improvement of all aspects of environmental and industrial hygiene;
p.000001: vs. the prophylaxis and treatment of epidemic, occupational and other diseases, as well as the fight against these
p.000001: diseases;
p.000001: d. the creation of conditions capable of providing all medical services and medical aid in the event of illness ”.
p.000001: 1
p.000001: On the National Plan
p.000001: The Constitution contains some provisions concerning the protection of the individual and his
p.000001: health.
p.000001: We can notably mention the provisions which stipulate that the "State recognizes and organizes at all
p.000001: individual the right to protection of his health from conception ", and also that" the State ensures the protection of
p.000001: family for its free development as well as that of the mother and the child by legislation and by
p.000001: appropriate social institutions ”.
p.000001: The Government is committed to achieving real and tangible development by giving priority to
p.000001: Transformational Reform Initiatives.
p.000001: Proceeding with the analysis of poverty, the Government mapped out the strategies and the various actions which
p.000001: lead to rapid economic growth, contribute to poverty reduction and enable
p.000001: countries to take advantage of the challenges of globalization, in line with the Millennium Development Goals.
p.000001: The National Health Policy strategies and projects include 8 commitments, aim
p.000001: essentially an effective reduction in poverty and a tangible improvement in the quality of life
p.000001: Malagasy.
p.000001: Concerning more particularly the Health / Population component, the Government has been constantly concerned
p.000001: to maintain the population in good health, that is to say in a complete state of physical, mental and
p.000001: social. Indeed, such a population can contribute to the development of the Nation and lead to
p.000001: long and fruitful lives. It thus constitutes the fundamental lever of development.
p.000001: We therefore understand that the Government, taking into account the latest available data on the state
p.000001: of the population and in particular of the most vulnerable social groups, defined the major
p.000001: lines of a health policy which includes in particular Health, Family Planning and the Fight against HIV / AIDS.
p.000001: The action program of the Health Sector has focused on eight (08) components which consist of:
p.000001: • ensuring the provision of quality health services to all;
p.000001: • eliminate the main communicable diseases;
p.000001: • win the fight against HIV / AIDS;
p.000001: • implement an effective family planning strategy;
p.000001: • reduce infant and child mortality;
p.000001: • reduce maternal and newborn mortality;
p.000001: • improve nutrition and food security;
p.000001: • supply the population with drinking water and generalize hygienic and sanitary practices.
p.000001: Thus, the problems of malnutrition and malaria will be solved; the trend of the spread of the
p.000001: HIV / AIDS will be reversed; drinking water will become accessible and the average size of the Malagasy family will be reduced,
p.000001: through education and the provision of health services.
p.000001: Taking into account these different statements, but above all the new socio-economic context to which the
p.000001: Government must cope, the Ministry of Health has made the decision to implement a new
p.000001: Health Code, inspired by preparatory work going back to different workshops organized in 1997 but
p.000001: enriched considerably thanks to a collective reflection involving the active participation of the Directorates,
p.000001: Services and Partners. The objective aims to put in the hands of health professionals and
p.000001: Service de la Population, an updated, credible and accessible legal instrument for all.
p.000002: 2
p.000002: The content of the law
p.000002: The Law on the Health Code contains 360 articles, compared to 117 articles for the former Public Health Code.
p.000002: Furthermore, it should be noted that, in compliance with the provisions of the Constitution relating to the field of
p.000002: law and regulations, the new project mainly defines the general principles of the organization and
p.000002: functioning of the Health Sector. It must be supplemented by decrees or orders concerning the procedures
...

p.000060: of Tobacco Control of the Ministry in charge of Health.
p.000060: TITLE IV
p.000060: MEASURES TO COMBAT MENTAL ILLNESSES
p.000060: Article 257.- The list of diseases to which these provisions apply as well as the measures for
p.000060: fight against mental illnesses are determined by regulatory text of the Minister of Health.
p.000060: Article 258.- This list can be modified under the same conditions as above depending on
p.000060: possible new forms of disease.
p.000060: Article 259.- The main objectives of the fight against mental illness are as follows:
p.000060: 1- take into account the progress made in the prevention and diagnosis of mental illnesses,
p.000060: quality of care and the nature of the drugs administered to patients with mental disorders, monitoring of
p.000060: patients left in a family, social environment or in a non-hospital structure or even hospitalized,
p.000060: rehabilitation and social reintegration;
p.000060: 2- design on this basis a mental health promotion policy through the definition of
p.000060: missions entrusted to establishments providing hospital services depending on the State or to any
p.000060: legal entity of public or private law participating in the implementation of the health promotion policy
p.000060: mental;
p.000060: 3- redefine the status of the mentally ill, its protection as an incapable person, adult or
p.000060: infant-juvenile minor;
p.000060: 4- set up a system for individualizing protective measures for patients suffering from
p.000060: mental disorders.
p.000060: As necessary, these objectives may be subject to re-evaluation by regulatory text
p.000060: of application taken by the Minister of Health.
p.000060: TITLE V
p.000060: DUTIES AND MEASURES
p.000060: Article 260.- Ministerial Departments, Institutions, NGOs and Civil Society have the duty to implement
p.000060: implements programs aimed at promoting the measures enacted with a view to:
p.000060: • to prevent all forms of noncommunicable diseases, particularly in the workplace, to practice
p.000060: sports and leisure, in schools and universities and in all covered public places
p.000060: or deemed to be covered;
p.000061: 61
p.000061: • to include in national development plans, programs and strategies, the
p.000061: prevention, early diagnosis and adequate management of the diseases referred to above;
p.000061: • collaborate with financial partners to facilitate access to treatment for these diseases.
p.000061: Article 261.- In addition to any applicable administrative or police measures, the transgression of
p.000061: provisions of regulatory texts aimed at preventing the spread of noncommunicable diseases is
p.000061: punished in accordance with the provisions of articles 329 to 330 of this Code, depending on the nature of the offenses
p.000061: committed in the matter.
p.000061: Article 262.- Oral conditions to which these provisions apply as well as
p.000061: oral disease control measures are determined by regulation at the behest of the
p.000061: Minister of Health.
p.000061: BOOK VI
...

Social / Marital Status

Searching for indicator marital status:

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p.000073: human, person and health.
p.000073: He ensures an equitable distribution of organs.
p.000073: Donation of human organs, tissues and cells is free. The trade in human organs is
p.000073: not allowed.
p.000073: The State legislates on the use of the germinal and genetic inheritance of the animals, the plants and others
p.000073: organizations. In doing so, it respects the integrity of living organisms and the safety of humans, animals
p.000073: and the environment and protects the genetic diversity of animal and plant species.
p.000073: It is forbidden to subject a person without his free consent to a medical experiment or
p.000073: scientist.
p.000073: Article 313.- The removal of organs or tissues for transplantation or transplants from a human being
p.000073: alive, are prohibited until the conditions of collection, preparation, storage and use
p.000073: therapeutic are met and defined by a specific law.
p.000074: 74
p.000074: Samples can be taken for therapeutic or scientific purposes from the corpse of a
p.000074: a person who, during his lifetime, had made known in writing his agreement to such an operation.
p.000074: TITLE III
p.000074: CONTROL OF THE HANDLING OF MICROBIAL PRODUCTS
p.000074: Article 314.- Any person, licensed or not, preparing or even experimenting for a disinterested purpose, viruses
p.000074: attenuated or not, therapeutic sera, toxins modified or not and various products of microbial origin not
p.000074: chemically defined, which can be used in any form for diagnosis, prophylaxis or therapy,
p.000074: is required to subscribe, for itself and for the personnel in its service, in any capacity whatsoever,
p.000074: declaration indicating the marital status, nationality, domicile of each interested party, as well as the exact nature of the
p.000074: work entrusted to him.
p.000074: Article 315.- Any change in the composition of the personnel must be the subject of a declaration of
p.000074: same nature within eight days of the entry into service of said staff after modification.
p.000074: Article 316.- A regulatory text subsequently determines, if necessary, the other information
p.000074: which may be required, under penalty of the sanctions provided below, with regard to operations
p.000074: relating to the products mentioned in the article above.
p.000074: BOOK VIII
p.000074: RESPONSIBILITIES OF STAFF AND SERVICE PROVIDERS WITHIN THE HEALTH ADMINISTRATION
p.000074: FIRST TITLE
p.000074: CLASSIFICATION OF RESPONSIBILITIES
p.000074: Article 317.- Without prejudice to the provisions of laws and regulations in matters of
p.000074: responsibility as well as the resulting sanctions, there is established within the Ministry of Health a
p.000074: system of responsibilities involving staff and service providers.
p.000074: The different categories of responsibility assumed by staff under the Ministry of Health as well
p.000074: that by its service providers can be classified into:
p.000074: - general liability;
p.000074: - special responsibility;
p.000074: - personal responsibility.
p.000074: TITLE II
p.000074: GENERAL RESPONSIBILITIES
p.000074: Article 318.- These are obligations engaging the responsibility of hierarchical superiors
p.000074: principals. These responsibilities can only be moral or disciplinary. They don't
p.000074: concern only the Minister, the Members of the Cabinet, the Secretary General and the Directors General. This,
p.000074: notwithstanding the provisions of articles 13, 14 and 15 of Law n ° 2003-011 of September 03, 2003 relating to the Statute
...

Searching for indicator single:

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p.000003: the Fourth Republic.
p.000003: This is the purpose of this Law.
p.000004: 4
p.000004: PRESIDENCY OF THE HIGH AUTHORITY OF THE TRANSITION
p.000004: ---------------------
p.000004: LAW n ° 2011 - 002
p.000004: bearing the Health Code
p.000004: The Congress of the Transition and the Superior Council of the Transition adopted in their meetings
p.000004: as of May 24, 2011 and May 27, 2011,
p.000004: THE PRESIDENT OF THE HIGH AUTHORITY OF TRANSITION, HEAD OF STATE,
p.000004: Given the Constitution,
p.000004: Given the decision n ° 02-HCC / D3 of July 11, 2011 of the High Constitutional Court; Promulgate the law the content of which follows
p.000004: :
p.000004: PRELIMINARY BOOK
p.000004: INSTITUTIONAL ORGANIZATION
p.000004: AND ADMINISTRATIVE OF MADAGASCAR MEDICAL SERVICES
p.000004: Article 1 - This book is devoted to the general presentation of institutions and structures
p.000004: administrative constituting the overall framework within which the health and medical services exercise their
p.000004: activities, in partnership with private organizations and Civil Society and in coherence with Communities
p.000004: Decentralized territories.
p.000004: FIRST TITLE OF INSTITUTIONS
p.000004: Article 2.- The organization of all medical and administrative services is fixed by decrees taken
p.000004: Council of Government on the proposal of the Minister of Health and possibly, by Decrees and
p.000004: Circulars issued for the application of these decrees.
p.000004: The organization and attributions of the various Councils and Commissions are fixed by decrees taken in
p.000004: Government Council on the proposal of the Minister of Health.
p.000004: Article 3.- The National Committee for Hygiene and Health, single body which replaced the Superior Committee for Hygiene
p.000004: and the National Hospital Organization Commission, will be the subject of a decree issued by the Government Council on
p.000004: proposal from the Minister of Health, strengthening its organization and specifying its composition, role and
p.000004: operation.
p.000004: The Hygiene and Health Committees which replaced the Provincial Hygiene Committees at scale
p.000004: regional or municipal are strengthened in their composition, their role and their functioning by
p.000004: Order of the Ministry of Health.
p.000004: TITLE II
p.000004: FROM THE MADAGASCAR MEDICINE AGENCY,
p.000004: AGENCIES AND CONTROL AND PRODUCTION UNITS
p.000004: Article 4.- Within the framework of the implementation of the National Pharmaceutical Policy, the Minister in charge of Health
p.000004: confers on "the Medicines Agency of Madagascar", Public Establishment of an administrative nature with the
p.000004: legal personality and financial autonomy, a mission to implement and control the quality of
p.000004: medicines in Madagascar.
p.000005: 5
p.000005: The establishment of the Madagascar Medicines Agency is fixed by decree taken in Council of
p.000005: Government on the proposal of the Minister of Health.
p.000005: Article 5.- The attributions of the Madagascar Medicines Agency, listed in Title IV
p.000005: of Book III of this Code have as their object:
p.000005: - to guarantee the independence, scientific competence and administrative efficiency of studies and
p.000005: controls relating to the manufacture, testing, therapeutic properties and use of drugs;
p.000005: - to ensure the health and safety of the population at the best cost;
p.000005: - to contribute to the development of industrial activities and pharmaceutical research;
...

p.000037: Advertising to the public for a specific drug as well as advertising campaigns to
p.000037: of the public for vaccinations are subject to a prior authorization of limited duration, called visa de
p.000037: advertisement issued by the Madagascar Medicines Agency. It is accompanied by a fixed fee, the amount of which is
p.000037: determined by joint order of the Minister of Health and the Minister of Finance and Budget.
p.000037: This visa is issued for a period which cannot exceed the duration of the Marketing Authorization.
p.000037: The conditions for granting, suspending or withdrawing the advertising visa are defined by order of the Minister responsible
p.000037: of Health.
p.000037: CHAPTER IV
p.000037: OF NARCOTICS, PSYCHOTROPES AND PRECURSORS
p.000037: Article 138.- The Ministry in charge of Health and the medical and paramedical personnel placed under its authority, the
p.000037: Health professions within the Private Sector, pharmacists participate in the implementation of Law No. 97-039
p.000037: of 04 November 1997 on the control of narcotic drugs, psychotropic substances and precursors in Madagascar as well
p.000037: that the implementation of the National Master Plan for the Fight against Drugs and Criminal Activities
p.000037: related.
p.000038: 38
p.000038: Article 139.- Narcotic means any plant or substance of natural or synthetic origin, except
p.000038: sedative, analgesic, narcotic or euphoric action which can cause addiction, drug addiction or
p.000038: addiction.
p.000038: The narcotic drugs subject to control appear in Tables I and II of the Geneva Single Convention on Narcotic Drugs
p.000038: of 1961, as amended by the Protocol of March 1972.
p.000038: Article 140.- We consider as psychotropic substances "all the original chemical substances
p.000038: natural or artificial which have a psychological tropism, that is to say likely to modify
p.000038: mental activity without prejudging the type of this modification. " Substances are subject to control
p.000038: psychotropic drugs classified according to their dependence potential and their degree of usefulness
p.000038: therapeutic listed in Tables I, II, III and IV of the Vienna Convention on Substances
p.000038: Psychotropics of February 21, 1971.
p.000038: Article 141.- Precursors mean substances used for the manufacture of narcotic drugs or
p.000038: psychotropic substances.
p.000038: Precursors subject to control are listed in Tables I and II of the United Nations Convention against Trafficking
p.000038: illicit narcotic drugs and psychotropic substances of 1988.
p.000038: Article 142.- The definitions are extended to any modification of the tables which could be taken later
p.000038: by decision of the United Nations Commission on Narcotic Drugs.
p.000038: Article 143.- The Minister of Health is responsible for the application at national level of
p.000038: International conventions signed and ratified by the Republic of Madagascar, in the pharmaceutical sector,
p.000038: drug and establishment inspection.
p.000038: Article 144.- In application of the international conventions on the control of narcotic drugs and substances
p.000038: psychotropic drugs ratified by the Republic of Madagascar, production, manufacture, transport, import,
p.000038: the export, possession, supply, assignment, acquisition, distribution and use of the substances or
...

p.000067: premises and the building in which it is installed.
p.000067: The information which must appear on the professional plate are the name of the laboratory, the name of the Director, its
p.000067: titles or diplomas, specialties and opening days and hours.
p.000067: Article 286.- Any document from the medical analysis laboratory must include the name of the laboratory,
p.000067: full address, director’s name, titles or degrees.
p.000067: CHAPTER II
p.000067: OF OPERATION
p.000067: Section 1
p.000067: Operating conditions Medical analysis laboratories
p.000067: Article 287.- A medical analysis laboratory can only be opened, operated or managed by one of the entities
p.000067: following:
p.000067: 1- a natural person;
p.000067: 2- a society bringing together civilians and professionals;
p.000067: 3- a public limited company or a limited liability company; 4- an organization or service under the State;
p.000067: 5- a non-profit organization recognized as having public utility or benefiting from an authorization granted by the
p.000067: Minister of Health.
p.000067: Article 288.- When the laboratory is operated by a natural person, the latter is director of the
p.000067: laboratory.
p.000067: When the laboratory is operated by a legal person in the form of a professional company,
p.000067: all the partners are Directors of the laboratory.
p.000067: At least three quarters of the capital must be held by the Directors and Deputy Directors of the
p.000067: laboratory.
p.000067: The partners can only be natural persons, excluding those exercising a medical activity other
p.000067: than that of Director or Deputy Director of the laboratory.
p.000067: The membership of a new partner is subject to the prior approval of the General Meeting ruling on the
p.000067: two-thirds majority.
p.000067: A single company can only operate one laboratory. The same person cannot hold units or
p.000067: shares only in a company operating a laboratory.
p.000068: 68
p.000068: Article 289.- The Minister of Health, on the advice of a Joint Committee, is empowered to fix
p.000068: and the periodic review of the pricing of medical analyzes.
p.000068: The medical analysis laboratories are required to respect the minimum prices provided for in the pricing. The rates
p.000068: must be posted in the laboratory for public information.
p.000068: Article 290.- When the laboratory is operated by a government agency, the Director is
p.000068: appointed by decree taken in the Council of Ministers on the proposal of the Minister responsible for Health.
p.000068: Section 2
p.000068: Provisions applicable to executives of the directorates of medical analysis laboratories
p.000068: Article 291.- No one can exercise the functions of Director or Deputy Director of a laboratory
p.000068: medical analyzes if it does not meet the following conditions:
p.000068: 1- be of Malagasy nationality or a national of a country with which a reciprocity agreement has been signed, and
p.000068: this, within the limit of a quota defined each year by decree of the Minister of Health;
p.000068: 2- hold a diploma as a doctor, pharmacist, veterinary surgeon, biologist or holder of a
p.000068: scientific diploma recognized by the Malagasy State for this activity;
p.000068: 3- justify specialized training, the nature and methods of which are fixed by decree;
p.000068: 4- be entered on the Roll of the Professional Order to which he belongs; 5- be resident in the settlement
p.000068: from the laboratory.
p.000068: Article 292.- Directors and Deputy Directors of medical analysis laboratories must exercise
p.000068: personally and effectively their functions.
p.000068: They cannot be responsible for more than one medical analysis laboratory.
...

Social / Mothers

Searching for indicator mothers:

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p.000062: a child's physical integrity;
p.000062: - children have the right to the best possible health and to benefit from services
p.000062: medical and rehabilitation. The State strives to guarantee every child access to health services;
p.000062: - the state must take all appropriate measures to fight disease and malnutrition, provide
p.000062: in the context of primary health care, ensuring the provision of nutritious food and drinking water;
p.000062: - the child occupies a privileged place within the family: he has the right to material and moral security
p.000062: as complete as possible;
p.000062: - the responsibility for its education belongs in the first place to the family which, however in case
p.000062: failure, must be helped and assisted by the public authorities.
p.000062: FIRST TITLE
p.000062: REPRODUCTIVE HEALTH
p.000062: FIRST CHAPTER
p.000062: PROVISIONS FOR LOWER RISK MATERNITY
p.000062: Article 266.- The health and social protection of pregnant women and mothers as well as that of children without
p.000062: not more than two (2) years completed is organized under the conditions set by decree taken in the Council of Government
p.000062: on the proposal of the Minister of Health.
p.000062: Article 267.- All practices having negative repercussions on the evolution of pregnancy,
p.000062: childbirth, postpartum and the postnatal period are punished with the penalties provided for in the provisions of
p.000062: Article 346 of this Code.
p.000062: The doctor has a duty to advise patients on the prevention of unwanted pregnancies.
p.000062: It is up to the State to set up special, quality health services accessible to
p.000062: women with complications related to pregnancy, childbirth, postpartum, postpartum
p.000062: birth rate and abortion.
p.000062: More particularly, concerning the prevention of gynecological cancers, health facilities have the duty
p.000062: make available to women between the ages of twenty five and fifty the appropriate information for the
p.000062: prevention of cervical cancer and breast cancer. The doctor has a duty to give advice
p.000062: to women on the prevention of gynecological cancers.
p.000062: Article 268.- Every woman has the right to benefit from screening for cervical cancer by Visual Inspection
p.000062: Acetic Acid (IVA) or by Pap smear at least once in their lifetime.
p.000063: 63
p.000063: It is up to the State to set up special and accessible health services for women suffering from
p.000063: cervical cancer and breast cancer to be available for:
p.000063: - the diagnosis ; and
p.000063: - the management of these cancers.
p.000063: CHAPTER II
...

p.000064: malnourished, the school nutrition intervention, a national food and nutrition surveillance system.
p.000064: Article 273.- The Minister of Health collaborates closely with the others
p.000064: ministerial departments concerned.
p.000064: In partnership with various national or international organizations, it implements the IMCI (Support
p.000064: Integrated Charge of Childhood Illness).
p.000064: Article 274.- The National Health Policy includes in particular two strategic axes which concern the Program
p.000064: Expanded Vaccination in Madagascar: the promotion and protection of health and the fight against diseases.
p.000064: The objectives of the Expanded Program on Vaccination are in particular to control the diseases to be the object
p.000064: prevention through immunization, expanding access to immunization services to people in rural areas
p.000064: and peri-urban areas to reduce the gaps and avoid the creation of high-risk areas for target patients,
p.000064: promote intersectoral collaboration and ensure the sustainability of the Program.
p.000064: The implementation of the Expanded Program on Vaccination is ensured by the competent services of the Ministry
p.000064: responsible for health.
p.000064: Article 274 bis.- The State, through the Ministry of Health, must provide assistance
p.000064: comprehensive on child and adolescent health programs, allowing the participation of non-governmental entities
p.000064: governmental and respecting in particular the following precepts:
p.000064: - allocation of a percentage of public funds for mothers and health care for children;
p.000064: - creation of preventive and specialized care programs for people with motor, sensory or mental disabilities;
p.000064: - creation of programs for the social integration of disabled people and adolescents
p.000064: disadvantaged through specialized training and oriented towards their integration into life
p.000064: professional and community;
p.000064: - creation of specialized prevention and treatment programs for children and young people who consume
p.000064: narcotics and related drugs.
p.000065: 65
p.000065: TITLE III
p.000065: SCHOOL AND UNIVERSITY HEALTH
p.000065: Article 275.- Medical services concerned with the health of university students,
p.000065: grandes écoles and other institutions, private or public, of higher level, as well as pupils and
p.000065: teaching staff from secondary, technical and educational establishments
p.000065: base are organized by decree taken in the Government Council on the proposal of the
p.000065: Minister of Health.
p.000065: The regulations thus provided must in particular govern:
p.000065: - the attributions of the services;
p.000065: - the place they occupy within the general organization of the Ministry and the communities
p.000065: territorial;
p.000065: - the establishment of compulsory periodic medical examinations, subject to control and monitoring under
p.000065: the authority of the Ministry of Health;
p.000065: - the implementation of a policy to promote hygienic conditions, sanitation of
p.000065: university and school infrastructure and good, nutrition and food safety;
...

Social / Police Officer

Searching for indicator officer:

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p.000043: opinion of a pharmacist-inspector and after opinion of the Council of the National Order of Pharmacists, order
p.000043: any time the temporary closure of a pharmaceutical establishment for a period of three (03) months maximum if
p.000043: the conditions linked to the grant are no longer met.
p.000043: After a written notice remained ineffective at the end of the period granted, the Minister of Health
p.000043: may, on the proposal of the Madagascar Medicines Agency or the Directorate for the Management of
p.000043: Health, Laboratory and Traditional Medicine (DGILMT) inputs, revoke the authorization.
p.000043: The decision to temporarily or permanently withdraw the authorization to open and operate an establishment
p.000043: must be motivated.
p.000043: Article 171.- Any substantial modification of the initial conditions of installations, equipment or
p.000043: of the organization of the establishment must also be authorized by the Minister of Health, according to the
p.000043: same procedure as that provided for in article 163 of this Code.
p.000043: Article 172.- The cessation of the activities of a pharmaceutical establishment which has been the subject of an authorization must
p.000043: be notified to the Minister of Health at least three (3) months before the date scheduled for said termination and must
p.000043: be made known to the public by insertion in the Official Journal of the Republic.
p.000043: Article 173.- Any establishment manufacturing, wholesaling and dispensing medicines has
p.000043: the obligation to have a copy of the pharmaceutical legislation in force and a copy of the Code of
p.000043: ethics of pharmacists.
p.000044: 44
p.000044: CHAPTER II
p.000044: OFFICER PHARMACIES
p.000044: Article 174.- By pharmacy is meant the establishment exclusively dedicated to dispensing to the public
p.000044: drugs and other health goods, as well as the execution of magistral and officinal preparations
p.000044: under the responsibility of a pharmacist.
p.000044: Article 175.- The operation of a pharmacy is incompatible with the exercise of another profession,
p.000044: especially with that of doctor, dentist, veterinarian, midwife and nurse.
p.000044: Pharmacists dispense simple drugs, pharmaceuticals and
p.000044: preparations described by the Pharmacopoeias.
p.000044: Pharmacists can only trade products in their pharmacies
p.000044: pharmaceutical and parapharmaceuticals defined by this Code.
p.000044: Article 176.- The pharmacist must own the dispensary of which he is the holder.
p.000044: Pharmacists are authorized to form a company with each other for the purpose of operating a
p.000044: pharmacy. Each pharmacist member of the Company is required to exercise personally and is fully
p.000044: responsible for the ethical rules applicable to the profession.
p.000044: In order to encourage the liberalization of operations concerning the sale of medicines and other goods
p.000044: health, the following principles govern the different forms that establishments exercising a
p.000044: pharmaceutical activity:
p.000044: Pharmacists can associate according to the provisions regulating commercial companies,
p.000044: while respecting the specificities of the profession of pharmacist.
p.000044: These principles must be the subject of implementing texts taken by the Minister of Health.
p.000044: Managers and partners are responsible towards third parties. There is no limit to the liability
p.000044: tort and quasi-delinquency of the managers, who are obligatorily guaranteed against the risks
p.000044: professionals.
...

p.000065: Article 277.- In addition to the provisions of Law No. 2007-023 of August 20, 2007 on the rights and protection of children,
p.000065: from birth, every child has the right to civil registration.
p.000065: Without prejudice to the provisions of Law No. 61-025 of October 9, 1961, as amended by Law No. 90-015 of July 1990
p.000065: relating to civil status acts, deliveries attended by doctors and midwives
p.000065: obligation to the latter, from the birth of the child or failing this, within a period not exceeding twelve days from
p.000065: from birth, to send a certificate to the registrar of the place of delivery
p.000065: indicating that the birth of the child occurred on a given day, at a certain time, at a certain location.
p.000066: 66
p.000066: The child's surname, chosen by the mother or the recognized competent parental authority, must appear in
p.000066: the certificate.
p.000066: Article 278.- Without prejudice to the provisions of the Law relating to acts of civil status and those of laws
p.000066: civil, the registrar is required, upon receipt of the certificate, to write immediately
p.000066: the birth certificate and signing with the declarant. Nevertheless, in case of doubt about the authenticity
p.000066: of the declarations contained in the certificate, the Civil Status Officer may have the sincerity of said said checked
p.000066: statements by a doctor or midwife other than the declarant. The doctor or midwife responsible for
p.000066: control must come from one of the Public Health Facilities at the place of delivery or, failing that, from a
p.000066: Public Health Facility closest to the place of delivery.
p.000066: More particularly and with a view to promoting the protection of the rights of the child, in the event of ill-treatment suffered by
p.000066: child, medical confidentiality must be lifted.
p.000066: BOOK VII
p.000066: LABORATORIES
p.000066: FIRST TITLE
p.000066: LABORATORIES OF MEDICAL ANALYSIS
p.000066: FIRST CHAPTER
p.000066: GENERAL PROVISIONS
p.000066: Article 279.- Medical laboratory means any establishment, whose essential activity
p.000066: consists in carrying out, on medical prescription, or from health workers, biological analyzes, tests and samples,
p.000066: which make it possible to highlight a biological or physiological modification, a pathogenic agent or a
p.000066: allergenic agent and contribute to the diagnosis, treatment, prevention of diseases,
p.000066: health check or pregnancy report.
p.000066: Article 280.- The opening and operation of a medical analysis laboratory is subject to authorization
p.000066: issued by the Minister of Health after consulting the National Commission for the opening and closing of
p.000066: private establishments.
p.000066: The authorization is issued in the name of the owner of the laboratory if it is a natural person or
p.000066: on behalf of the owner company and the director of the laboratory, or on behalf of the establishment
...

Searching for indicator police:

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p.000017: health, the administrative authority concerned, after a formal notice to the Municipality not followed up on, invites the
p.000017: Hygiene and Health Committee to deliberate on the usefulness and the nature of the work deemed necessary. The Mayor is put in
p.000017: remains to submit observations to the Hygiene and Health Committee.
p.000017: If the Hygiene and Health Committee issues an opinion unfavorable to the execution of the work or to the complaints made by
p.000017: the Municipality, the administrative authority transmits by hierarchy, the deliberation of the Health and
p.000017: Health to the Minister of Health who, if he deems it appropriate, submits the question to the National Hygiene Commission
p.000017: and Health. The latter may carry out or have carried out an investigation, the results of which will be made known.
p.000017: of the population by posting or by any other means.
p.000017: Article 62.- On the advice of the National Hygiene and Health Commission, the authority
p.000017: administrative concerned puts the Municipality on notice to implement the project and to proceed with the works.
p.000017: If in the month following this formal notice, the Municipal Council has not committed to refer to it, or if within
p.000017: three (3) months, he did not take any measures for the execution of the work, the competent authority, under the
p.000017: prerogatives at its disposal, order these works by right and determine the conditions of execution.
p.000017: Article 63.- General regulations of the police and building hygiene as well as those
p.000017: relating to dangerous, unhealthy and inconvenient establishments are determined by decree taken in Council of
p.000017: Government.
p.000017: However, the laws or regulations in force governing these matters are applicable, in
p.000017: as necessary, in all their provisions not contrary to the Health Code.
p.000017: Section 3
p.000017: Rural healthiness
p.000017: Article 64.- In rural communities, it is up to the administrative and health authorities to ensure
p.000017: to sanitation of the environment and that of basic infrastructure for drinking water supply,
p.000017: the disposal of excreta and household waste. In order to protect the safety and health of the population,
p.000017: these authorities must ensure strict compliance with the regulations relating to environmental health and
p.000017: habitat and food safety at all stages: manufacturing, processing,
p.000017: sale.
p.000017: More particularly and in the context of promoting the fight against deadly epidemic diseases and
p.000017: contagious, including plague and cholera, the installation of latrines as well as
p.000017: transport, collection and disposal of waste, meeting the hygiene standards required in the villages and
p.000017: the districts which are deprived of it, falls under the obligations of the Communes and Collectivities concerned.
p.000017: Article 65.- In close cooperation with the Fokontany located within the geographical limits of its territory, the
p.000017: The municipality must endeavor to identify all the facts generating pollution which constitute a danger for the
p.000017: safety and health of the population and to inform the relevant administrative and health authority. he
...

p.000024: of belonging or the assigns of said employee, unless this clause is expressly stipulated in his
p.000024: employment contract.
p.000024: Article 87.- Civil servants, members of the medical and paramedical bodies, who want to do
p.000024: paying customers in a private capacity must refrain from using the goods and materials of the State put at their
p.000024: provision for the operation of public services. Violation of the provisions of this paragraph is
p.000024: constituting the crimes of unfair competition and misappropriation of public goods resulting in the application of
p.000024: sanctions in force in this area.
p.000024: TITLE II
p.000024: SOME SPECIAL RULES
p.000024: Article 88.- The provisions of this title are applicable:
p.000024: - members of the Medical Corps;
p.000024: - members of the paramedical corps;
p.000024: - medical auxiliaries;
p.000024: - traditional healers.
p.000024: Article 89.- Any member of the medical corps, paramedical corps, medical auxiliaries and
p.000024: traditional healers must comply with the following requirements:
p.000024: 1- he is forbidden to carry out a Voluntary Termination of Pregnancy or to favor an abortion under pain
p.000024: incur the sanctions provided for in article 317 of the Penal Code, except under the conditions prescribed by law and
p.000024: the regulations in force;
p.000024: 2- more particularly, is punished with the penalties provided for by the provisions of article 160 of the Penal Code while
p.000024: member of the paramedical corps who issues a medical certificate, medical conclusions of convenience
p.000024: relating to a state of health in view:
p.000024: at. to exempt a person from a legally due public service obligation or to exempt him from a planned constraint
p.000024: by law, such as a police custody measure or a judicial inquiry;
p.000024: b. to avoid the constraints of a person sentenced to imprisonment or pre-trial detention
p.000024: stay in a penal institution by having it admitted, without duly justified reasons, to a
p.000024: hospital or health facility, outside the prison environment;
p.000024: vs. to prejudice one or the other party in a trial without there being any need to establish
p.000024: the existence of an act of corruption.
p.000024: 3- In addition to the aforementioned prohibitions concerning the exercise of the profession of doctor, paramedics,
p.000024: medical auxiliaries and traditional healers are prohibited:
p.000024: - any direct or indirect form of promotion campaign promoting awareness of medical specialties
p.000024: or the instruments and materials that we have and that are likely, by their recent and unusual character
p.000024: to attract customers;
p.000024: - any direct or indirect form of advertising aimed at encouraging customer loyalty.
p.000025: 25
p.000025: Transgression of the above-mentioned prohibitions is subject to the penalties provided for in the matter under the provisions
p.000025: of Book IX of this Code.
p.000025: Article 90.- Any member of the medical and paramedical corps, in the exercise of the profession, can be prosecuted
p.000025: homicide, assault and battery, as provided for in articles 319 and 320 of the Penal Code.
p.000025: Article 91.- In the case of infirmity or medical condition of a member of the Medical or Paramedical Corps,
p.000025: making the exercise of the profession dangerous, the Council of the Order to which it belongs can pronounce on it,
p.000025: temporary suspension for a fixed but renewable period of the right to exercise.
...

p.000049: 4 ° - to collect and evaluate information on unexpected or toxic effects of drugs
p.000049: as well as on the abusive uses of psychoactive substances and to take any useful measure in the matter to
p.000049: preserve public health;
p.000049: 5 ° - to propose any measure contributing to the development of research and industrial activities in the
p.000049: drug sector, and thus promote complementarity between the public sectors and
p.000049: private;
p.000049: 6 ° - to coordinate and carry out the quality control of drugs through the national laboratory
p.000049: quality control;
p.000049: 7 ° - to participate at the request of the Minister of Health, in the development or modification of
p.000049: legislative or regulatory texts governing its activities;
p.000049: 8 ° - to propose to the Minister in charge of Health any measure concerning the fields falling within his
p.000049: skill.
p.000049: The administrative and financial organization of the Madagascar Medicines Agency is fixed by decree
p.000049: taken in council of Government on proposal, of the Minister in charge of Health.
p.000049: Section 2
p.000049: Inspection
p.000049: Article 199.- The functions of control and inspection of pharmaceutical establishments at national level, devolved
p.000049: by this Code to the Medicines Agency of Madagascar are exercised by pharmacist-inspectors having
p.000049: mandatory state pharmacist diploma and having trained in inspection techniques.
p.000049: Pharmacist-inspectors are responsible for:
p.000049: 1 ° - to control in pharmaceutical establishments and with a few hands that they are the execution of all
p.000049: the prescriptions of laws and regulations that relate to the practice of pharmacy. As such, they are
p.000049: invested with the function of judicial police, in accordance with article 128 of the Code of Criminal Procedure and are
p.000049: empowered to identify offenses throughout the National Territory, to gather evidence, to identify
p.000049: perpetrators and proceed to seizures. They are bound by professional secrecy. They must be
p.000049: sworn before being admitted to exercise their functions;
p.000049: 2 ° - to respond to any request for technical expertise or inquiry made by the Minister of Health or by
p.000049: the President of the National Council of the Order of Pharmacists or at the request of a judicial body.
p.000050: 50
p.000050: The Madagascar Medicines Agency may use the intervention of agents empowered by a special law to
p.000050: find and prosecute offenses relating to the application of the law and
p.000050: regulations relating to the marketing of medicines. These agents report to the Ministry responsible for
p.000050: Trade and participate in the judicial police in accordance with article 128 of the Code of Criminal Procedure.
p.000050: Article 200.- Expenses of any kind resulting from the operation of the establishment inspection
p.000050: pharmaceuticals are the responsibility of the Medicines Agency of Madagascar.
p.000050: The quality of pharmacist-inspectors, their mission, the functioning and the organization of their service are defined
p.000050: by order of the Minister of Health.
p.000050: CHAPTER II
p.000050: NATIONAL LABORATORY FOR QUALITY CONTROL OF MEDICINES
p.000050: Article 201.- The National Laboratory for Quality Control of Medicines, attached to the Agence du
p.000050: Medication of Madagascar is responsible for the quality control of drugs for human use and all
p.000050: pharmaceutical products approved and supplied on the market or dispensed in Madagascar and their conformity with
p.000050: the specifications presented during the marketing request or the import authorization.
p.000050: The Medicines Agency of Madagascar may, if necessary, use the services of other laboratories
p.000050: approved with which it concludes agreements.
p.000050: The operating procedures of the National Drug Quality Control Laboratory are
p.000050: determined by Order of the Minister of Health.
p.000050: TITLE V
p.000050: MISCELLANEOUS PROVISIONS RELATING TO MEDICINE DEPOSITS, SPECIFICALLY MANAGED PHARMACIES AND PLANTS
p.000050: MEDICINALES
p.000050: FIRST CHAPTER
p.000050: DRUG DEPOSITS
p.000050: General rules
p.000050: Article 202.- The drug depot is a center for the sale and distribution to the public of pharmaceutical products
p.000050: essential, essential, whose operating license is issued on a palliative basis by the
...

p.000060: legal entity of public or private law participating in the implementation of the health promotion policy
p.000060: mental;
p.000060: 3- redefine the status of the mentally ill, its protection as an incapable person, adult or
p.000060: infant-juvenile minor;
p.000060: 4- set up a system for individualizing protective measures for patients suffering from
p.000060: mental disorders.
p.000060: As necessary, these objectives may be subject to re-evaluation by regulatory text
p.000060: of application taken by the Minister of Health.
p.000060: TITLE V
p.000060: DUTIES AND MEASURES
p.000060: Article 260.- Ministerial Departments, Institutions, NGOs and Civil Society have the duty to implement
p.000060: implements programs aimed at promoting the measures enacted with a view to:
p.000060: • to prevent all forms of noncommunicable diseases, particularly in the workplace, to practice
p.000060: sports and leisure, in schools and universities and in all covered public places
p.000060: or deemed to be covered;
p.000061: 61
p.000061: • to include in national development plans, programs and strategies, the
p.000061: prevention, early diagnosis and adequate management of the diseases referred to above;
p.000061: • collaborate with financial partners to facilitate access to treatment for these diseases.
p.000061: Article 261.- In addition to any applicable administrative or police measures, the transgression of
p.000061: provisions of regulatory texts aimed at preventing the spread of noncommunicable diseases is
p.000061: punished in accordance with the provisions of articles 329 to 330 of this Code, depending on the nature of the offenses
p.000061: committed in the matter.
p.000061: Article 262.- Oral conditions to which these provisions apply as well as
p.000061: oral disease control measures are determined by regulation at the behest of the
p.000061: Minister of Health.
p.000061: BOOK VI
p.000061: FAMILY HEALTH PROTECTION
p.000061: PRELIMINARY TITLE
p.000061: GENERAL INFORMATION ON THE PROTECTION OF MOTHER AND CHILD
p.000061: Article 262 bis.- Health is the right of every person and the duty of the State and is guaranteed through
p.000061: social and economic policies to reduce the risk of disease and other hazards and to facilitate access
p.000061: universal and equitable to all actions and services for the promotion, protection and restoration of
p.000061: health.
p.000061: Article 263.- The provisions regulating the health protection of the family, and more particularly
p.000061: of women and children, are inseparable from the provisions contained in the International Conventions and in
...

p.000081: interested in the application of the provisions of article 350 above.
p.000081: The Health Disciplinary Commission for Orders must be composed as follows:
p.000081: • the Secretary General of the Ministry in charge of Health or his Representative, President;
p.000081: • two members of the Cabinet of the Ministry responsible for Health, a Magistrate appointed by the Guard of
p.000081: Seals, Minister of Justice, two members appointed by each legally constituted Order, but chosen
p.000081: outside the members of the permanent office of the Council of the Order which appoints them.
p.000081: Once its mission is complete, the Commission for Discipline of Health for Orders, thus constituted, is dissolved
p.000081: systematically. In the event of a new referral to settle another dispute, a new Commission, composed
p.000081: of the above members, is established in the same forms and under the same conditions for a new mission
p.000081: temporary.
p.000081: Article 353.- Without prejudice to the sanctions provided for by this Code, the usurpation of the title of member of the professions
p.000081: medical and paramedical or any other title allowing to exercise the art of health professionals is punished
p.000081: the penalties provided for in the provisions of the Penal Code in this area.
p.000081: BOOK X
p.000081: MISCELLANEOUS AND TRANSITIONAL PROVISIONS
p.000081: Article 354.- The minutes of infringements of the provisions of this Code are sent:
p.000082: 82
p.000082: - by doctors or pharmacists invested by this Code of inspection powers and
p.000082: participating in this capacity in the judicial police within the limits of their powers;
p.000082: - by the competent administrative authorities at regional level;
p.000082: - by officials such as market controllers or hygiene inspectors,
p.000082: municipal architects and all other agents authorized by the Ministry of Health, having regard to
p.000082: the functions they exercise or their technical competence.
p.000082: Members of the Police and Gendarmerie personnel who are qualified as officers or
p.000082: judicial police are empowered to draw up these minutes as part of their normal powers they
p.000082: are from the Code of Criminal Procedure.
p.000082: Article 355.- Given the effective existence of separate specialized training units for doctors,
p.000082: dentists and pharmacists, and unless exceptional authorization has been granted by the Minister
p.000082: in charge of Health, each member of one of the medical, pharmacist or dentist-dentist must exercise their art
p.000082: within the limits of the training he has received and the capacities conferred on him by the diplomas he holds.
p.000082: The exceptional authorization which he receives from the supervisory Ministry can only be justified by the existence or
p.000082: the temporary incapacity of a member of a body whose art can be exercised by a member of another body,
p.000082: and this, while respecting everyone's right to have access to medical care or medication.
p.000082: The procedures for applying this article are specified by regulation.
p.000082: Article 356.- On pain of nullity of the acts of finding, the authorities or agents empowered to perform them
p.000082: must be sworn.
p.000082: Article 357.- The inspecting doctors, the doctors in charge of health facilities, fixed or mobile, the doctors
p.000082: heads of health offices may be required by administrative authorities for the
p.000082: finding of breaches as an expert.
p.000082: Article 358.- As a transitional measure, changes concerning the distribution as well as the name, the
p.000082: field of activity, the territorial limits of Hospital Establishments and Care Centers,
p.000082: Reference for first and second appeals are set:
p.000082: - either by decree implementing this law establishing the Health Code;
...

Social / Property Ownership

Searching for indicator home:

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p.000051: closure of the disputed depot, the District Inspector Doctor, after having noted it, draws up a report
p.000051: the original of which is sent to the competent administrative authorities for the purpose of ordering the closure of
p.000051: depots of medicines that have lapsed. A copy of the said report must be notified by
p.000051: administrative to the relevant depositaries who acknowledge receipt.
p.000051: The administrative authority only orders the closure of the Establishment, the material execution of
p.000051: the act belongs to another authority, either to the Bailiff, or to the Agent Verbalisateur. However, the
p.000051: closure of a drug depot cannot in any way give rise to action for compensation
p.000051: against the state.
p.000051: Article 204.- It is strictly forbidden for the drug dealer to use the signs
p.000051: exclusively reserved for pharmacies, in particular the mention "pharmacy", the emblematic green cross
p.000051: from a pharmacy and the caduceus.
p.000051: CHAPTER II
p.000051: PHARMACIES WITH SPECIAL MANAGEMENT
p.000051: Article 205.- By District Wholesale Pharmacy (PHAGDIS) is meant the storage warehouse for products
p.000051: pharmaceuticals located in the capital of each health district. It is intended to supply medicines,
p.000051: medical consumables, contraceptives and laboratory reagents Reference Hospital Centers
p.000051: District and Public and private non-profit Basic Health Centers within the district.
p.000051: Article 206.- By Community Management Pharmacy (PHAGECOM) is meant the storage and dispensing room on
p.000051: prescription, pharmaceuticals to patients. It is located in the Home Health Unit and is managed
p.000051: co-managed by designated representatives of the communities and the heads of the Health Center.
p.000051: Regulatory texts define the rules governing PHAGDIS and PHAGECOM.
p.000051: CHAPTER III
p.000051: MEDICINAL PLANTS AND OTHER PRODUCTS OF NATURAL ORIGIN
p.000051: Article 207.-By phytotherapy is meant the treatment of diseases with medicinal plants.
p.000051: Article 208.- Medicinal plant means any plant, the whole or part of which, delivered as it is, presents a
p.000051: curative or preventive virtue scientifically proven or traditionally recognized.
p.000051: Article 209.- Herbal tea means dried plants and mixtures of plants, prepared in advance for
p.000051: use as an infusion or decoction.
p.000052: 52
p.000052: Herbal teas are subject to the provisions on herbal medicines.
p.000052: By product of natural origin is meant any natural product other than plants
p.000052: medicinal products, such as minerals or animal products, used either as is or in the form of
p.000052: preparation, for therapeutic use.
p.000052: Article 210. The Malagasy Traditional Pharmacopoeia Commission, placed under the authority of the Minister responsible for
p.000052: Health, has the task of gathering information concerning plants and other natural products
p.000052: likely to be used in therapy and to codify their use and the preparation of drugs
p.000052: galenics that are made of it. A decree will fix its composition, the appointment of its members and its mode of
p.000052: operation.
p.000052: The sale of herbal medicines, the manufacture and sale of herbal medicines are
p.000052: set by decree taken in the Council of Government on the proposal of the Minister of Health.
p.000052: BOOK IV
p.000052: CONTROLLING CONTAGIOUS DISEASES AND OTHER SOCIAL FLOWERS
p.000052: FIRST TITLE
p.000052: TUBERCULOSIS CONTROL
...

p.000053: Article 217.- Any patient undergoing treatment must, in the event of transfer of residence, notify their doctor
p.000053: treating who brings the patient's file to life for the new treating doctor through the
p.000053: District Doctor or Inspector at the Leprosy Service of the Ministry of Health in Antananarivo.
p.000053: Any patient recognized as having leprosy must undergo treatment according to the scheme and rules recommended by the
p.000053: National Leprosy Program. In case of refusal, the local health and administrative authorities can be
p.000053: seized for compulsory processing.
p.000053: Hospitalization is not compulsory, except for the complicated cases mentioned in the guidelines
p.000053: techniques of the Ministry of Health. Patients in treatment retain their rights at work and their
p.000053: professional privileges.
p.000053: Article 218.- Associations or Committees for the Fight against Leprosy and for health education, the creation of which may be
p.000053: provoked by the Minister of Health, provide aid to lepers and their families, as well as the organization
p.000053: health propaganda favorable to leprosy control. The organization and functioning of these Associations
p.000053: or Committees are set by order of the Minister of Health.
p.000053: Article 219.- After consulting the National Hygiene and Health Commission, and on the proposal of the Minister responsible for
p.000053: Health, leprosy can be qualified, by decree, reportable disease on all or part of the
p.000053: territory of the Malagasy Republic.
p.000053: TITLE III
p.000053: OF THE FIGHT AGAINST MALARIA
p.000053: Article 220.- The management of malaria cases at home is supported by a system of
p.000053: dispensers with the Fund for the Non Stop Supply of Medicines or FANOME and a distribution system to
p.000053: community base.
p.000053: By a system of dispensers is meant the Fund for the Non-Stop Supply of
p.000053: Medicines, which provides for the patient's participation in the costs of drugs in training
p.000053: where the patient is treated.
p.000053: Community-based care also provides for participation by the population in the cost of drugs, but
p.000053: these are sold directly to the lowest level of the localities even in the absence of Training
p.000053: Sanitary.
p.000053: A decree issued by the Council of Government fixes the methods of organizing the management of cases of
p.000053: community-based malaria as well as the creation of a Technical Advisory Monitoring and Orientation Committee
p.000053: distribution channel.
p.000053: Article 221.- Promoting the wide use of insecticide-treated mosquito nets is one of the
p.000053: government bonds.
p.000054: 54
p.000054: Part of the supply of mosquito nets and insecticides can be left
p.000054: from the private sector. But the quality control of insecticides is the responsibility of the state.
p.000054: Re-impregnation of mosquito nets can be carried out by community associations and NGOs. But control
p.000054: technical, the supervision of the re-impregnation operations are part of the obligations of the State.
p.000054: The malaria control service determines the vector control strategy in an area
p.000054: ecoepidemiological given. The decision to implement domestic insecticide operations
p.000054: remanent effect returns to the state. The conduct of insecticide spraying operations
p.000054: returns to district health officials as part of the alert system for the fight against
p.000054: epidemics.
...

p.000054: the closest.
p.000054: Article 224.- The verification of deaths and post-mortem samples take place each time that the control
p.000054: shows grouped, abnormal mortality and whenever there is a suspicion, clinical or
p.000054: epidemiological plague.
p.000054: Forensic pathologists or medical examiners and their delegates have the right to enter the
p.000054: dwellings where the deceased are found and, in the event of suspicious death, to carry out all the samples
p.000054: required. They operate in the presence of one or two members of the fokonolona.
p.000054: Post-mortem samples can be made systematic in threatened districts, for a time
p.000054: determined, by order of the Minister of Health on the proposal of the competent authority at the Regional level.
p.000054: Post-mortem samples must be taken from the corpses of any person who died on
p.000054: the territory of the Districts thus determined.
p.000054: Article 225.- Verification of deaths and direct debits from deceased persons may be
p.000054: required by the health authority, or ordered upon even verbal requisition, and thus be carried out by
p.000054: free doctors, in localities where there is no doctor or paramedic authorized for this purpose, and this,
p.000054: without remuneration.
p.000054: In the case of a suspicious death or a death occurring in a verification zone
p.000054: compulsory, burial may be carried out after verification of death and the necessary samples, without waiting
p.000054: the result of laboratory examinations.
p.000054: Patients with plague or suspected of having plague are isolated according to instructions
p.000054: given by health authorities. Isolation can take place in hospital or at home
p.000054: Anyone suffering from plague or suspected of having plague must comply with the
p.000054: medical prescriptions until the danger of contagiousness disappears.
p.000055: 55
p.000055: Article 226.- Persons having been in direct or indirect contact, under conditions making it possible
p.000055: transmission of the plague, with plague victims or with patients suspected of plague, are subject to
p.000055: sulfonamide chemoprophylaxis in accordance with technical guidelines. The duration of the isolation is fixed at ten (10)
p.000055: full days.
p.000055: People who have been in contact with plague victims or patients suspected of plague, staff members
p.000055: health of the various prophylaxis teams must comply with medical prescriptions, in particular
p.000055: particularly with regard to disinfection, disinsectization and chemo-prophylaxis measures.
p.000055: Article 227.- The reopening of a tomb or a grave in which a plague victim has been buried may have
p.000055: place after a deadline set by the relevant health authority. The exhumation is subject to the authorization of
p.000055: administrative authority and is carried out under the supervision of the Physician-Inspector or a competent health worker
p.000055: who can represent it.
p.000055: Article 228.- The circulation and transport of all goods or all susceptible goods, either
p.000055: to be contaminated, either to be a vector of fleas or rats, are prohibited inside
p.000055: districts contaminated with plague, unless authorized by the Health Authority.
p.000055: The exit of any goods or any goods likely either to be contaminated, or to be flea vectors
...

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p.000011: safety and working environment, workers must have water at their disposal
p.000011: drinking. Water which does not come from an officially approved drinking water service must not
p.000011: not be distributed as drinking water.
p.000011: Drinking water is defined as water intended for human consumption and which, by treatment or
p.000011: naturally, meets organoleptic, physico-chemical, bacteriological and
p.000011: organic products fixed by decree.
p.000011: Public supply of drinking water and access to collective sanitation of domestic wastewater are
p.000011: provided by the Municipal Public Service. It belongs to the Municipality concerned, both in the middle
p.000011: urban than rural, to provide localities not yet served with water supply
p.000011: drinking water to extend the service rate and to increase the current sanitation coverage rate.
p.000011: Drinking water, bottled or not bottled, must be checked regularly by laboratories
p.000011: approved by the state. The organization and designation of the bodies concerned are fixed by decree taken
p.000011: in a Council of Government on the proposal of the Ministries concerned (Health, Energy, Water) specifying their roles
p.000011: and how they work.
p.000011: Section 2
p.000011: Waste management
p.000011: Article 34.- Waste that is likely to pollute water and, in general, to threaten or carry
p.000011: damage to human health, must be eliminated in order to reduce air, water and pollution
p.000011: environmental degradation.
p.000011: Waste consists of residues from an industrial transformation process using
p.000011: all substances or materials from a production activity, from hospital and facility waste
p.000011: sanitary and chemical and pharmaceutical residues.
p.000011: Abandoned movable property, solid industrial waste, whether ordinary or special, must be
p.000011: destroyed and eliminated, either by all the natural or legal persons who generated them, or by the
p.000011: Decentralized Territorial Communities within the framework of road, sanitation, hygiene and
p.000011: removal of all waste incumbent upon them, and within the limits of their powers.
p.000011: Article 35.- Waste from hospitals and health facilities is sometimes contaminated
p.000011: (can be infectious) and sometimes uncontaminated. Contaminated waste, if it is not disposed of with the
p.000011: good precautionary measures that are necessary, can transport microorganisms which can infect
p.000011: people who come into contact with this waste as well as the entire community.
p.000011: The following are considered to be contaminated elements: blood, pus, urine and other body fluids as well
p.000011: than any other body that comes into contact with its elements. Waste from treatment rooms, wards
p.000011: delivery rooms and operating rooms should be considered contaminated.
p.000011: Neutralization, evacuation or isolation should be done as quickly
p.000011: as possible, of all waste and debris likely to release troublesome substances,
p.000011: toxic or dangerous, or to be a source of infection.
p.000011: In accordance with the National Waste Management Policy for Injection Care and Safety establishments,
p.000011: each healthcare facility is responsible for managing its healthcare waste. The technical provisions relating to sorting,
p.000011: the collection, storage, transport and disposal of waste must be implemented in order to ensure the
p.000011: protection of users, staff and the community and of the environment from health risks and
p.000011: environmental. Sorting
p.000012: 12
...

p.000046: pharmaceuticals. In particular, a wholesale pharmaceutical establishment cannot
p.000046: to practice any form of sale comparable to the practice of street vendors.
p.000046: Wholesale pharmaceutical establishments are not authorized to sell directly, either to the public or to doctors,
p.000046: nor to other health professionals, other than authorized distribution establishments, of the products
p.000046: pharmaceuticals that they wholesale. However, they are authorized to tender for tenders
p.000046: emanate from public institutions of the Malagasy State, as well as from private health training
p.000046: non-profit regulated by a District Health Service, in accordance with the provisions of
p.000046: section 189 below.
p.000046: Any wholesale pharmaceutical establishment is subject to the conditions set out in Chapter I, Title III of the Book
p.000046: III of this Code.
p.000046: The import and wholesale distribution activity is reserved exclusively for wholesalers
p.000046: importers-distributors.
p.000046: Article 185.- Any wholesale pharmaceutical establishment must be placed under the responsibility
p.000046: of a Responsible Pharmacist.
p.000046: Article 186.- Any Responsible Pharmacist is personally responsible with regard to the laws and regulations in force
p.000046: in the practice of the profession of pharmacist, without prejudice, if any, to liability
p.000046: in solidarity with society. He is subject to all the obligations imposed on the pharmacist,
p.000046: particularly with regard to inspections by pharmacy inspectors.
p.000046: Article 187.- Any establishment of preparation or wholesale, either of simple drugs or products
p.000046: chemicals intended for pharmacy and put up for sale by weight
p.000047: 47
p.000047: medical, either pharmaceutical compositions or preparations, must be the property of a State-certified Pharmacist or
p.000047: that of a company in Management or General Management in which a Responsible Pharmacist participates and in this
p.000047: case, the capital of the company must belong in majority to one or more pharmacists in the proportion of 51%
p.000047: for pharmacists and 49% for anyone not a member of the profession. It can be, in all or
p.000047: party, conceded in rental management to a company under the same conditions as above. The conditions
p.000047: of rental management are determined by regulation. Managers and partners are
p.000047: responsible to third parties. There is no limit to tort liability or
p.000047: almost criminal of the Managers.
p.000047: Article 188.- If, a collective decision taken at the level of general management or management
p.000047: violates the ethical rules of the pharmacist profession and / or the Pharmaceutical Policy
p.000047: National, the Responsible Pharmacist retains the full and entire prerogative which he derives from his quality and the rules
p.000047: of ethics to which it must comply, to oppose the said decision, to suspend its implementation and to
p.000047: refer the matter to the Ministry of Health regarding the fate to be reserved for the decision in question.
p.000047: Article 189.- Importing wholesalers can sell directly to Health Facilities
p.000047: public or private non-profit regulated by the district health service of the place
p.000047: implantation, generic drugs provided that they obtain an authorization from the Minister responsible for
p.000047: Health and that they are managed by a Responsible Pharmacist or that several pharmacists are co-owners.
...

Social / Religion

Searching for indicator faith:

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p.000022: Article 91 of this Code. There is no illegal practice of medicine if there is assistance given to a person
p.000022: in danger, subject to the conditions specified in article 63 of the Penal Code.
p.000022: Article 80.- The provisions of the preceding article do not apply to medical students, in
p.000022: acupuncture neither to midwives, nor to nurses or wardens who act as an aide to a medical doctor
p.000022: that the latter places with his patients, insofar as these students, midwives, nurses or
p.000022: these nurses act in strict compliance with the prescriptions of the doctor concerned.
p.000022: They also do not apply to medical auxiliaries and other practitioners with special authorization
p.000022: from the health authority. A decree issued by the Minister of Health fixes the extent of their
p.000022: skill.
p.000022: CHAPTER II
p.000022: OF THE ILLEGAL PRACTICE OF ODONTO-STOMATOLOGY
p.000022: Article 81.- Illegally practices the art of dentistry-dentistry:
p.000022: 1- anyone who, without holding a State or University diploma in
p.000022: odonto-stomatology recognized by the Malagasy State, usually takes part or by direction followed in the diagnosis and
p.000022: to the treatment of congenital oral diseases acquired, real or suspected, by consultation, procedure
p.000022: personal or any other process, whatever it is, in particular prophetic;
p.000022: 2- any odonto-stomatologist who, with a regular title, acts outside the powers that the law confers on him,
p.000022: in particular by assisting the persons referred to in the preceding paragraphs of this article to the effect of
p.000022: evade the prescriptions of this chapter; 3- any private, corporate, faith-based dentist,
p.000022: civil servant who practices the art of dentistry-stomatology without being registered with the Order
p.000022: odonto-stomatologists, without being in a regular situation vis-à-vis the Bar Council or practicing fraudulently for
p.000022: the period of temporary or permanent suspension provided for in article 91 of this Code.
p.000022: CHAPTER III
p.000022: OF THE ILLEGAL PRACTICE OF THE MIDWIFE PROFESSION
p.000022: Article 82.- Illegally practicing the profession of midwife:
p.000023: 23
p.000023: 1- anyone who, without a diploma issued by a school recognized by the Malagasy State, practices
p.000023: usually the functions devolved to midwives by usurpation of titles, an act provided for and punished by article 258
p.000023: of the Penal Code;
p.000023: 2- any midwife who usually practices this profession on the National Territory, without being of
p.000023: Malagasy nationality or without being a member of approved foreign missions or a national of a country linked by a
p.000023: reciprocity agreement with Madagascar, without prejudice to the provisions contained in the agreements
p.000023: international or taken in execution of these agreements;
p.000023: 3-any midwife who usually practices this profession without being on the Roll of the Order of
p.000023: midwives instituted by this Code or practicing fraudulently during the period of suspension
p.000023: temporary or final to exercise provided for in article 91 of this Code. However, the provisions of
p.000023: this paragraph does not apply to female military midwives of the Malagasy Armed Forces;
p.000023: 4- any midwife who is convinced to have made a false declaration when registering her diploma and / or
...

p.000023: whose members, by virtue of their registration on the Roll of the Order, are entitled to exercise their art.
p.000023: The National Order thus established may, as necessary, be extended to the Regions under
p.000023: the designation of Regional Council by decision of the Order concerned taken in General Assembly of the Council of the Order
p.000023: National.
p.000023: No one can be registered in these Orders if he is not of Malagasy nationality or a national of a country bound by an agreement
p.000023: of reciprocity with Madagascar.
p.000023: The development of the internal regulations of each Order, the mission assigned to the Order, the role and composition of
p.000023: different Councils, the modalities of elections and any specific provision for each Order are
p.000023: determined by order of the Minister of Health.
p.000023: Article 85.- The registration in the Roll of the corresponding Order makes the exercise of the profession of lawful
p.000023: doctor, dentist, midwife or pharmacist throughout the National Territory. So is
p.000023: even for nurses and other health professionals in the event of the establishment of a National Order for these bodies.
p.000023: On the date of application of this Code, the provisions of the preceding paragraph also apply
p.000023: any official member of the medical and paramedical bodies without taking into account the fact
p.000023: whether or not he has a paying clientele.
p.000023: Article 86.- Any member of the medical and paramedical staff employed in the service of public authority, both the
p.000023: public health care staff as public service teaching staff
p.000024: 24
p.000024: exercising on a permanent basis or for a fixed term either as part of a mission as well as any member of the
p.000024: Medical and paramedical staff of a company, a faith-based organization, a community, a
p.000024: non-governmental organization or a Private Law institution, employed full time, must have
p.000024: an authorization to practice private or paying customers, issued by the Ministry of Health,
p.000024: before opening a private practice in his name.
p.000024: However, he forbids him to receive in his private cabinet the employee of his administration
p.000024: of belonging or the assigns of said employee, unless this clause is expressly stipulated in his
p.000024: employment contract.
p.000024: Article 87.- Civil servants, members of the medical and paramedical bodies, who want to do
p.000024: paying customers in a private capacity must refrain from using the goods and materials of the State put at their
p.000024: provision for the operation of public services. Violation of the provisions of this paragraph is
p.000024: constituting the crimes of unfair competition and misappropriation of public goods resulting in the application of
p.000024: sanctions in force in this area.
p.000024: TITLE II
p.000024: SOME SPECIAL RULES
p.000024: Article 88.- The provisions of this title are applicable:
p.000024: - members of the Medical Corps;
p.000024: - members of the paramedical corps;
p.000024: - medical auxiliaries;
p.000024: - traditional healers.
p.000024: Article 89.- Any member of the medical corps, paramedical corps, medical auxiliaries and
p.000024: traditional healers must comply with the following requirements:
p.000024: 1- he is forbidden to carry out a Voluntary Termination of Pregnancy or to favor an abortion under pain
p.000024: incur the sanctions provided for in article 317 of the Penal Code, except under the conditions prescribed by law and
p.000024: the regulations in force;
p.000024: 2- more particularly, is punished with the penalties provided for by the provisions of article 160 of the Penal Code while
...

Social / Soldier

Searching for indicator armedXforces:

(return to top)
p.000020: transport of mortal remains or human remains;
p.000020: - isolate or place in quarantine;
p.000020: - require, in the absence of an effective treatment or process, seizure and destruction under
p.000020: control of infected baggage, cargo, containers, means of transport, goods and postal parcels,
p.000020: contaminated or suspect;
p.000020: - refuse the departure or entry of any traveler and / or any suspicious goods.
p.000020: BOOK II
p.000020: MEDICAL, PARAMEDICAL AND TRADITIONAL MEDICINE PROFESSIONS
p.000020: FIRST TITLE
p.000020: OF THE PROFESSION OF DOCTOR, ACUPUNCTOR, ODONTO-STOMATOLOGIST, MIDWIFE
p.000020: Article 72.- No one may exercise the profession of doctor, acupuncturist, odontostomatologist and
p.000020: midwife if not of Malagasy nationality, holder of the required diplomas or certificates, recognized by
p.000020: the Malagasy State, and entered on the Roll of the Order concerned. The diplomas necessary for the exercise of each
p.000020: of these professions are defined and fixed by Decree taken by the Government Council on the proposal of the Minister responsible
p.000020: of Health.
p.000020: This table is filed with the Ministry of Health and the General Prosecutor's Office at the Court of Appeal. During the month
p.000020: of January of each year, it is published in the Official Journal of the
p.000020: Republic of Madagascar.
p.000020: Article 72 a. - However, can exercise the profession of acupuncturist doctor,
p.000020: dentist and midwife, without prejudice to the preceding provisions:
p.000020: - military doctors, military odonto-stomatologists belonging to the Malagasy Armed Forces;
p.000020: - doctors, practitioners who have received training in acupuncture, odontostomatologists or
p.000020: midwives of approved foreign missions, under
p.000021: 21
p.000021: reserve compliance with the conditions imposed by the regulations in force on the subject and after advice from the Council of
p.000021: the corresponding National Order;
p.000021: - doctors, practitioners who have received training in acupuncture, odontostomatologists or
p.000021: midwives from a country bound by a reciprocity agreement with Madagascar, subject to
p.000021: obtaining an individual license to practice issued by the Order concerned and, if necessary, renewable
p.000021: every two years.
p.000021: Article 73.- The moral and professional duties of members of the medical and paramedical professions are all
p.000021: defined in codes of ethics established by the Orders concerned. The provisions of these codes are
p.000021: established by each Order concerned in the form of a Decree taken by the Government Council on the proposal of
p.000021: Minister of Health.
p.000021: Article 74.- The paramedical professions are those which, relating to health, are practiced in
p.000021: outside routine care on demand, under the supervision of a doctor.
p.000021: Article 75.- Any member from the medical, paramedical and any other health worker without exception, entitled to
p.000021: exercise his art, is required to refer to requisitions legally issued by the public authority to execute
p.000021: acts related to his specialty. In this case, the interventions open the right to remuneration
p.000021: according to the provisions of the Trade Union Law and paid by the requesting authority.
...

p.000022: civil servant who practices the art of dentistry-stomatology without being registered with the Order
p.000022: odonto-stomatologists, without being in a regular situation vis-à-vis the Bar Council or practicing fraudulently for
p.000022: the period of temporary or permanent suspension provided for in article 91 of this Code.
p.000022: CHAPTER III
p.000022: OF THE ILLEGAL PRACTICE OF THE MIDWIFE PROFESSION
p.000022: Article 82.- Illegally practicing the profession of midwife:
p.000023: 23
p.000023: 1- anyone who, without a diploma issued by a school recognized by the Malagasy State, practices
p.000023: usually the functions devolved to midwives by usurpation of titles, an act provided for and punished by article 258
p.000023: of the Penal Code;
p.000023: 2- any midwife who usually practices this profession on the National Territory, without being of
p.000023: Malagasy nationality or without being a member of approved foreign missions or a national of a country linked by a
p.000023: reciprocity agreement with Madagascar, without prejudice to the provisions contained in the agreements
p.000023: international or taken in execution of these agreements;
p.000023: 3-any midwife who usually practices this profession without being on the Roll of the Order of
p.000023: midwives instituted by this Code or practicing fraudulently during the period of suspension
p.000023: temporary or final to exercise provided for in article 91 of this Code. However, the provisions of
p.000023: this paragraph does not apply to female military midwives of the Malagasy Armed Forces;
p.000023: 4- any midwife who is convinced to have made a false declaration when registering her diploma and / or
p.000023: when registering with the Roll of the Order, without prejudice to the criminal provisions which
p.000023: penalize the offense arising from the false declaration;
p.000023: 5- any midwife practicing in a private capacity and who has failed to comply, in the month following his establishment with
p.000023: obligations to register your diploma with the Ministry of Health and the National Order of Midwives.
p.000023: Traditional birth attendants who practice their profession are not affected by the provisions of this article.
p.000023: function within the limit of their competence enacted by this Code.
p.000023: Article 83.- The disciplinary penalties and sanctions incurred in application of articles 79 to 82 are provided for in the Book
p.000023: IX of this Code.
p.000023: CHAPTER IV
p.000023: NATIONAL ORDERS
p.000023: Article 84.- The right to establish a National Order is recognized for each medical and paramedical body
p.000023: whose members, by virtue of their registration on the Roll of the Order, are entitled to exercise their art.
p.000023: The National Order thus established may, as necessary, be extended to the Regions under
p.000023: the designation of Regional Council by decision of the Order concerned taken in General Assembly of the Council of the Order
p.000023: National.
p.000023: No one can be registered in these Orders if he is not of Malagasy nationality or a national of a country bound by an agreement
p.000023: of reciprocity with Madagascar.
p.000023: The development of the internal regulations of each Order, the mission assigned to the Order, the role and composition of
...

Searching for indicator military:

(return to top)
p.000020: - carry out the processing of baggage, cargo, containers, means of transport, goods, postal parcels,
p.000020: mortal remains or human remains to eliminate infection or contamination, including vectors and
p.000020: tanks;
p.000020: - apply specific sanitary measures to guarantee safe handling and
p.000020: transport of mortal remains or human remains;
p.000020: - isolate or place in quarantine;
p.000020: - require, in the absence of an effective treatment or process, seizure and destruction under
p.000020: control of infected baggage, cargo, containers, means of transport, goods and postal parcels,
p.000020: contaminated or suspect;
p.000020: - refuse the departure or entry of any traveler and / or any suspicious goods.
p.000020: BOOK II
p.000020: MEDICAL, PARAMEDICAL AND TRADITIONAL MEDICINE PROFESSIONS
p.000020: FIRST TITLE
p.000020: OF THE PROFESSION OF DOCTOR, ACUPUNCTOR, ODONTO-STOMATOLOGIST, MIDWIFE
p.000020: Article 72.- No one may exercise the profession of doctor, acupuncturist, odontostomatologist and
p.000020: midwife if not of Malagasy nationality, holder of the required diplomas or certificates, recognized by
p.000020: the Malagasy State, and entered on the Roll of the Order concerned. The diplomas necessary for the exercise of each
p.000020: of these professions are defined and fixed by Decree taken by the Government Council on the proposal of the Minister responsible
p.000020: of Health.
p.000020: This table is filed with the Ministry of Health and the General Prosecutor's Office at the Court of Appeal. During the month
p.000020: of January of each year, it is published in the Official Journal of the
p.000020: Republic of Madagascar.
p.000020: Article 72 a. - However, can exercise the profession of acupuncturist doctor,
p.000020: dentist and midwife, without prejudice to the preceding provisions:
p.000020: - military doctors, military odonto-stomatologists belonging to the Malagasy Armed Forces;
p.000020: - doctors, practitioners who have received training in acupuncture, odontostomatologists or
p.000020: midwives of approved foreign missions, under
p.000021: 21
p.000021: reserve compliance with the conditions imposed by the regulations in force on the subject and after advice from the Council of
p.000021: the corresponding National Order;
p.000021: - doctors, practitioners who have received training in acupuncture, odontostomatologists or
p.000021: midwives from a country bound by a reciprocity agreement with Madagascar, subject to
p.000021: obtaining an individual license to practice issued by the Order concerned and, if necessary, renewable
p.000021: every two years.
p.000021: Article 73.- The moral and professional duties of members of the medical and paramedical professions are all
p.000021: defined in codes of ethics established by the Orders concerned. The provisions of these codes are
p.000021: established by each Order concerned in the form of a Decree taken by the Government Council on the proposal of
p.000021: Minister of Health.
p.000021: Article 74.- The paramedical professions are those which, relating to health, are practiced in
p.000021: outside routine care on demand, under the supervision of a doctor.
p.000021: Article 75.- Any member from the medical, paramedical and any other health worker without exception, entitled to
p.000021: exercise his art, is required to refer to requisitions legally issued by the public authority to execute
p.000021: acts related to his specialty. In this case, the interventions open the right to remuneration
...

p.000022: in particular by assisting the persons referred to in the preceding paragraphs of this article to the effect of
p.000022: evade the prescriptions of this chapter; 3- any private, corporate, faith-based dentist,
p.000022: civil servant who practices the art of dentistry-stomatology without being registered with the Order
p.000022: odonto-stomatologists, without being in a regular situation vis-à-vis the Bar Council or practicing fraudulently for
p.000022: the period of temporary or permanent suspension provided for in article 91 of this Code.
p.000022: CHAPTER III
p.000022: OF THE ILLEGAL PRACTICE OF THE MIDWIFE PROFESSION
p.000022: Article 82.- Illegally practicing the profession of midwife:
p.000023: 23
p.000023: 1- anyone who, without a diploma issued by a school recognized by the Malagasy State, practices
p.000023: usually the functions devolved to midwives by usurpation of titles, an act provided for and punished by article 258
p.000023: of the Penal Code;
p.000023: 2- any midwife who usually practices this profession on the National Territory, without being of
p.000023: Malagasy nationality or without being a member of approved foreign missions or a national of a country linked by a
p.000023: reciprocity agreement with Madagascar, without prejudice to the provisions contained in the agreements
p.000023: international or taken in execution of these agreements;
p.000023: 3-any midwife who usually practices this profession without being on the Roll of the Order of
p.000023: midwives instituted by this Code or practicing fraudulently during the period of suspension
p.000023: temporary or final to exercise provided for in article 91 of this Code. However, the provisions of
p.000023: this paragraph does not apply to female military midwives of the Malagasy Armed Forces;
p.000023: 4- any midwife who is convinced to have made a false declaration when registering her diploma and / or
p.000023: when registering with the Roll of the Order, without prejudice to the criminal provisions which
p.000023: penalize the offense arising from the false declaration;
p.000023: 5- any midwife practicing in a private capacity and who has failed to comply, in the month following his establishment with
p.000023: obligations to register your diploma with the Ministry of Health and the National Order of Midwives.
p.000023: Traditional birth attendants who practice their profession are not affected by the provisions of this article.
p.000023: function within the limit of their competence enacted by this Code.
p.000023: Article 83.- The disciplinary penalties and sanctions incurred in application of articles 79 to 82 are provided for in the Book
p.000023: IX of this Code.
p.000023: CHAPTER IV
p.000023: NATIONAL ORDERS
p.000023: Article 84.- The right to establish a National Order is recognized for each medical and paramedical body
p.000023: whose members, by virtue of their registration on the Roll of the Order, are entitled to exercise their art.
p.000023: The National Order thus established may, as necessary, be extended to the Regions under
p.000023: the designation of Regional Council by decision of the Order concerned taken in General Assembly of the Council of the Order
p.000023: National.
p.000023: No one can be registered in these Orders if he is not of Malagasy nationality or a national of a country bound by an agreement
p.000023: of reciprocity with Madagascar.
...

Social / Threat of Stigma

Searching for indicator threat:

(return to top)
p.000007: the organization of structures intended to implement action programs in all areas
p.000007: health.
p.000007: It brings together in a coherent and unique instrument the essential rules concerning the professions
p.000007: medical, paramedical and pharmacists.
p.000008: 8
p.000008: FIRST TITLE
p.000008: GENERAL SANITARY AND HYGIENE MEASURES APPLICABLE ON THE NATIONAL TERRITORY
p.000008: Article 19.- The sanitary and hygienic measures imposed on the National Territory as well as
p.000008: procedures and the sanctions which ensure their application result:
p.000008: - International Conventions, Declarations or Treaties, the provisions of which
p.000008: sanitary matters bind the Republic of Madagascar in accordance with the rules of Public International Law;
p.000008: - the implementation of this Code and its legislative or regulatory texts of application;
p.000008: - laws and regulations applicable in the National Territory and which include health measures and
p.000008: hygiene.
p.000008: FIRST CHAPTER
p.000008: HEALTH REGULATIONS
p.000008: Article 20.- In accordance with the provisions of Law No. 2004-001 of June 17, 2004 relating to Regions and those
p.000008: of article 358 of this Code, it is the authorities of the Decentralized Territorial Collectivities which
p.000008: are empowered to control the application of the provisions of the health regulations at the level of their competence
p.000008: respective territorial or local.
p.000008: Section 1
p.000008: General orientation of the content of health regulations
p.000008: Article 21.- The health regulations determine in particular:
p.000008: 1- the measures to be taken, within the framework of the laws and regulations in force to prevent or put an end to
p.000008: communicable diseases in general;
p.000008: 2- the effective measures to be implemented in the event of the threat of epidemic or diarrheal diseases, including
p.000008: cholera ;
p.000008: 3- the protection of foodstuffs as well as the precautions to be taken for their sale in the
p.000008: conditions which are necessary in order to preserve the health of consumers;
p.000008: 4- disinfection or destruction of objects used by the sick or which have been soiled by them and
p.000008: generally, objects that can carry contagion.
p.000008: Article 22.- The health regulations must also include:
p.000008: 1- the prescriptions intended for the healthiness of all residential buildings or not, farms and their
p.000008: outbuildings, private roads, closed or not at their ends, irrigation and drainage channels,
p.000008: leased accommodation, hotels and restaurants;
p.000008: 2- the regulations relating to the healthiness of agglomerations;
p.000008: 3- prescriptions relating to the supply of drinking water and the monitoring of wells and
p.000008: wash houses;
p.000008: 4- the prescriptions concerning the used materials as well as the conditions which must satisfy the pits
p.000008: of ease;
p.000008: 5- prescriptions relating to the healthiness of school and university environments;
p.000008: 6- the prescriptions relating to the protection of the population against health risks linked to
p.000008: the environment including those related to healthcare waste.
p.000008: Article 23.- At the level of the Communes, the Mayor takes, on a participative proposal from the Fokontany, after
p.000008: opinion of the Municipal or Municipal Council, of the Decrees having for object such particular provisions as it
p.000008: deems useful without prejudice to international health regulations or
p.000009: 9
p.000009: provisions of this Code with a view to ensuring the protection of health within the
p.000009: constituency of its municipality.
p.000009: Section 2
p.000009: Fighting epidemics through preventive measures
p.000009: Article 24.- In the event of a determined threat of epidemic, generally in a region or locality recognized as being at high risk of
p.000009: spread of the disease, the Minister of Health may order, by Order, the requisition of stocks of
p.000009: vaccines against the epidemic in Regions with supply centers, whether public or
p.000009: private.
p.000009: The conditions under which the requisition must be executed are specified in the abovementioned regulatory text.
p.000009: In order to prevent the spread of communicable diseases, the following measures should be taken:
p.000009: - a list of contagious diseases to which the provisions of this section are applicable is
p.000009: drawn up by the Ministry of Health, by regulatory means;
p.000009: - contagious diseases are the subject of a compulsory declaration drawn up by texts
p.000009: regulations. This list can be modified or supplemented in the same forms;
p.000009: - are the subject of a compulsory declaration of data to the health authority by the professionals of
p.000009: health, public or private and those in charge of public or private medical biology analysis laboratories
p.000009: :
p.000009: • diseases that require urgent localized intervention;
p.000009: • diseases that require urgent intervention on a national or international scale.
p.000009: Article 25.- The declaration to the health authority of any case of one of the diseases appearing on the mentioned list
p.000009: in article 24 is mandatory for any doctor or paramedic, Head of Training
p.000009: Sanitary, which found its existence.
p.000009: The statement must state the causes of death and the source of the infection.
p.000009: To prevent the spread of an evolving contagious disease, the Minister of Health
...

p.000014: sale.
p.000014: The procedures for applying the provisions of Articles 50 and 51 are taken by regulation.
p.000014: The ambient air must be healthy. Any activity likely to pollute the air and, in general,
p.000014: threaten or harm human health, must be controlled in order to reduce pollution as well as
p.000014: environmental degradation. The concentration standards of the air components must be set by
p.000014: decree on the proposal of the Ministries in charge of Health and the Environment.
p.000015: 15
p.000015: CHAPTER III
p.000015: HOUSING HEALTH
p.000015: Article 52.- All places, constructions, buildings, agglomerations, villages and districts in rural areas having for
p.000015: purpose of housing and for this purpose, to be provided with collective equipment and infrastructure
p.000015: sanitation and sanitation facilities that comply with the regulations relating to household hygiene must
p.000015: the subject of constant concern from public authorities so that:
p.000015: - the provisions of the texts in force establishing the Code of Town Planning and Housing;
p.000015: - the provisions of Law No. 98-029 of January 20, 1999 on the Water Code;
p.000015: - the provisions of the implementing texts of the above-mentioned law;
p.000015: - the provisions of health regulations at the international level, at the national level and at that of the Communities
p.000015: Decentralized territories.
p.000015: Section 1
p.000015: Building sanitation
p.000015: Article 53.- Without prejudice to the provisions of the Town Planning and Housing Code on sanitary and
p.000015: security relating to constructions, when a building, whether built or not, adjoining or not on the public highway, constitutes,
p.000015: either by himself or by the conditions under which he is occupied, a threat or danger to the health of
p.000015: occupants and neighbors, the Mayor, or failing this, the regulatory authority, referred to by a reasoned report from the authority
p.000015: sanitary or Municipal Hygiene Office concluding with the danger presented or the unsanitary conditions of all or part of
p.000015: the building, is required to invite the Municipal Committee of Hygiene and Health interested to give its opinion in
p.000015: a period of two (02) months:
p.000015: 1- on the reality and the causes of unsanitary conditions; 2- on the own measures to remedy it.
p.000015: In the event that the reality of the danger or insanitary conditions and the impossibility of remedying it have been established, the Mayor
p.000015: or, failing this, the supervisory authority, is bound, within one (1) month to pronounce by Order
p.000015: the definitive ban on living. The Order must specify whether the final ban is immediate or applicable to
p.000015: departure of occupants within a specified period.
p.000015: Article 54.- In the event that the possibility of remedying the danger or insanitary conditions has been established, the
p.000015: Mayor or, failing this, the supervisory authority is required, within one (1) month to prescribe by Order the measures
p.000015: appropriate requirements, as well as the turnaround time.
p.000015: The temporary ban on living may be ordered by the competent authority. However, it will end as soon as it
...

p.000016: populations, must have the purpose of ensuring the evacuation of rainwater and wastewater as well as their
p.000016: discharges into natural outlets according to methods compatible with the requirements of health protection.
p.000016: For this purpose, no construction may be built on the areas initially intended to serve as public roads
p.000016: and lined with sewage disposal systems.
p.000016: Article 58.- In the cities where the separation system is adapted, two different pipes may be imposed.
p.000016: The water and materials will be discharged in such a condition that they cannot cause any nuisance.
p.000016: The same arrangement will be made:
p.000016: - for any old building, during heavy repairs;
p.000016: - for all buildings without a cesspit or fitted with a non-waterproof pit or installed in
p.000016: conditions contrary to the prescriptions of the health regulations;
p.000016: - for all buildings already attached to the rainwater pipes for wastewater.
p.000016: Article 59.- If the owner fails to comply with the obligations imposed by the previous article, the
p.000016: taxes that cities are authorized to collect on complaints from the owners of sewage roads, are
p.000016: increased by 50% from the time the connection was made, at the expense of the recalcitrant owner.
p.000016: In addition, the normal connection can be made automatically by the Mayor in the forms and under the conditions
p.000016: enacted by Section I of Chapter III of this First Book.
p.000016: Article 60.- The Communes may, with a view to facilitating their sanitation or their development, cause
p.000016: the declaration of unsanitary conditions in a building or a group of buildings, especially in the event of a threat presented
p.000016: by the building or group of buildings for the life of the occupants and residents.
p.000016: The unhealthiness or the threat indicated by an opinion of the Office of Hygiene or the Committee of Hygiene and Health is denounced by
p.000016: a deliberation of the Municipal Council concerned, supported by a plot plan of the buildings with the indication of
p.000016: names of owners, as they appear in the role matrix and, if applicable, on a project
p.000016: development.
p.000016: A decree issued by the Council of Government sets the terms for applying this article.
p.000016: Article 61.- When during a determined period according to the registered causes or on the occasion of a
p.000016: sudden change in the demographic curve, the number of deaths in a municipality has exceeded the figure of
p.000016: average mortality, the municipal authorities are required to entrust the Hygiene and Health Committee with the task of
p.000016: carry out or have carried out an inquiry into the sanitary conditions of the Commune.
p.000017: 17
p.000017: If this investigation establishes that the sanitary state of the Commune requires work
p.000017: sanitation, especially that it does not have good quality and sufficient drinking water, or that
p.000017: the waters remain stagnant, creating dangers or inconveniences for health, safety and
p.000017: health, the administrative authority concerned, after a formal notice to the Municipality not followed up on, invites the
p.000017: Hygiene and Health Committee to deliberate on the usefulness and the nature of the work deemed necessary. The Mayor is put in
p.000017: remains to submit observations to the Hygiene and Health Committee.
p.000017: If the Hygiene and Health Committee issues an opinion unfavorable to the execution of the work or to the complaints made by
...

Social / Threat of Violence

Searching for indicator violence:

(return to top)
p.000058: sensory or mental, is unable to work, in particular by the institution of organisms to
p.000058: social characters.
p.000058: Article 248 bis.- The Law provides for measures to eliminate the inequalities affecting people with disabilities.
p.000058: The duration and working conditions must not affect the health or the dignity of the worker.
p.000058: Article 249.- The list of diseases to which these provisions apply as well as the measures for
p.000058: fight against chronic and disabling diseases are determined by regulatory texts taken by the
p.000058: Minister of Health. This list can be modified under the same conditions as above depending on
p.000058: possible new forms of disease.
p.000058: Article 250.- The implementation, in all fields, of the promotion of the prevention of chronic diseases not
p.000058: transmissible is set by regulatory texts from the Ministry of Health.
p.000058: Article 251.- Pursuant to Law No. 97-044 of February 2, 1998 on the disabled and
p.000058: subsequent texts, the organization and care arrangements for people with disabilities in the
p.000058: Community-based rehabilitation frameworks are set by regulation.
p.000058: Article 252.- The associations for the fight against chronic and disabling diseases provide assistance to the sick and
p.000058: their families and participate in the organization of awareness campaigns on the subject. The organization and
p.000058: the functioning of these associations are fixed by order of the Minister of Health.
p.000058: In particular, measures to prevent trauma and violence must be implemented, in particular
p.000058: for road safety, the prevention of different types of violence, the prevention of drownings, burns,
p.000058: falls, poisoning / poisoning.
p.000058: Everyone who has suffered trauma and / or violence has the right to proper care since the
p.000058: location of the incident up to the level of the health facilities.
p.000058: TITLE II
p.000058: MEASURES TO COMBAT EYE DISEASES
p.000058: Article 253.- Any person with an eye disease has the right to proper care at the level of
p.000058: specialized centers, provided with consumable equipment and medicines and placed under the responsibility and under the
p.000058: specialist in ophthalmology.
p.000058: Within the framework of the regulations in force concerning both state services and centers
p.000058: or private specialists, the acquisition or recovery of good eye health manifested by a
p.000058: binocular vision intact and free from any pathology results from the combined action of various strategies such
p.000058: that prevention, early diagnosis and management of all conditions likely to affect
p.000058: to the integrity of vision.
p.000059: 59
p.000059: TITLE III
p.000059: SMOKING AND OTHER ADDICTION CONTROL MEASURES
p.000059: Article 254.- The list of products whose consumption can lead to dependence
p.000059: harmful to health and to which the provisions of this title and the control measures are applicable
p.000059: anti-smoking and other drug addiction, is set by regulatory text taken by the Minister of Health, after notice
p.000059: of the National Office of Tobacco Control (OFNALAT).
p.000059: This list can be modified or increased, under the same conditions as above, according to new
p.000059: forms of products known to be toxic, dumped on the consumer market.
p.000059: Article 255.- The main objectives of the National Office for Tobacco Control (OFNALAT) are as follows:
p.000059: 1- Implement the provisions stipulated in the Framework Convention for Tobacco Control for the purpose
...

p.000061: facts;
p.000061: - the Malagasy Penal Code includes in its article 63 a provision which makes it possible to sanction a person who
p.000061: willfully refrain from providing assistance to another person in danger that they could provide
p.000061: either by his personal action, or by provoking help. This article applies to any member of the body
p.000061: midwifery who refrain from administering the care required of a woman by
p.000061: peril during childbirth.
p.000062: 62
p.000062: Article 265.- The following rules, which enshrine the best interests of the child in society,
p.000062: contained in International Conventions and in National Law ensure the protection and
p.000062: safeguarding the physical and moral integrity of the child:
p.000062: - the State recognizes that every child has an inherent right to life and ensures as far as possible the
p.000062: child survival and development;
p.000062: - the State undertakes to respect the right of the child to preserve his identity, his name and his family relationships
p.000062: ;
p.000062: - the State ensures that the child has access to information aimed at promoting his social well-being,
p.000062: spiritual and moral as well as physical and mental health;
p.000062: - the state protects children and adolescents from all forms of violence, attack or brutality
p.000062: physical or mental, neglect or neglect, including abuse, violence and sexual exploitation that
p.000062: the law punishes severely. In this perspective, the Malagasy Penal Code protects the child against infanticide,
p.000062: physical harm to minor children, violence or deprivation seriously affecting health or
p.000062: a child's physical integrity;
p.000062: - children have the right to the best possible health and to benefit from services
p.000062: medical and rehabilitation. The State strives to guarantee every child access to health services;
p.000062: - the state must take all appropriate measures to fight disease and malnutrition, provide
p.000062: in the context of primary health care, ensuring the provision of nutritious food and drinking water;
p.000062: - the child occupies a privileged place within the family: he has the right to material and moral security
p.000062: as complete as possible;
p.000062: - the responsibility for its education belongs in the first place to the family which, however in case
p.000062: failure, must be helped and assisted by the public authorities.
p.000062: FIRST TITLE
p.000062: REPRODUCTIVE HEALTH
p.000062: FIRST CHAPTER
p.000062: PROVISIONS FOR LOWER RISK MATERNITY
p.000062: Article 266.- The health and social protection of pregnant women and mothers as well as that of children without
...

p.000063: cervical cancer and breast cancer to be available for:
p.000063: - the diagnosis ; and
p.000063: - the management of these cancers.
p.000063: CHAPTER II
p.000063: FAMILY PLANNING
p.000063: Article 269.- The Minister in charge of Health, the Minister of Telecommunications, Post and Communication
p.000063: and the Minister of Transport and Tourism are responsible for raising public awareness
p.000063: on Reproductive Health. The Ministry of Health monitors the quality of
p.000063: services provided.
p.000063: A new review of the legislative and regulatory provisions relating to the sale, use of
p.000063: contraceptives and the advertising of which they are the subject must be carried out jointly by the above Ministries
p.000063: mentioned to which is added the Ministry of Justice.
p.000063: CHAPTER III
p.000063: ADOLESCENT AND YOUNG REPRODUCTIVE HEALTH
p.000063: Article 270.- Organizations offering health services targeting people aged ten to nineteen,
p.000063: say adolescent girls, as well as those aged fifteen to twenty four, say young people, have the duty to
p.000063: make available to them appropriate information for the promotion of sexual behavior
p.000063: safe and responsible.
p.000063: CHAPTER IV
p.000063: MEDICALLY ASSISTED PROCREATION AND GENETIC ENGINEERING
p.000063: Article 271.- Special health establishments accessible to adolescents and young people are authorized to
p.000063: offer services of:
p.000063: - prevention and treatment of infections of the genital and urinary tracts including Sexually Infections
p.000063: Transferable; as well as medical and surgical complications related to induced abortions,
p.000063: early pregnancies, and unwanted or unwanted pregnancies resulting from acts of violence or others;
p.000063: - prevention and treatment of infertility;
p.000063: - prenuptial consultation;
p.000063: - education in family life.
p.000063: Article 271 bis.- Human beings and their environment must be protected against abuse in matters of procreation
p.000063: medically assisted and genetic engineering.
p.000063: The State, through the Ministry of Health, legislates on the use of germinal and genetic heritage
p.000063: human. In doing so, it ensures the protection of human dignity, of the person and of the family and
p.000063: respects in particular the following principles:
p.000063: - any form of cloning and any intervention in the genetic heritage of gametes and embryos
p.000063: humans are prohibited;
p.000063: - the non-human genetic and germinal heritage can neither be transferred to the human germinal heritage nor
p.000063: merged with it;
p.000063: - the use of medically assisted procreation methods is only authorized when sterility or the danger of
p.000063: transmission of a serious illness cannot be ruled out in any other way, not to develop in the child
p.000063: certain qualities or for any purpose of eugenics as well as to satisfy research;
p.000064: 64
p.000064: - fertilization of human eggs outside the woman's body is only authorized under the conditions provided by law;
...

Social / Trade Union Membership

Searching for indicator union:

(return to top)
p.000020: - doctors, practitioners who have received training in acupuncture, odontostomatologists or
p.000020: midwives of approved foreign missions, under
p.000021: 21
p.000021: reserve compliance with the conditions imposed by the regulations in force on the subject and after advice from the Council of
p.000021: the corresponding National Order;
p.000021: - doctors, practitioners who have received training in acupuncture, odontostomatologists or
p.000021: midwives from a country bound by a reciprocity agreement with Madagascar, subject to
p.000021: obtaining an individual license to practice issued by the Order concerned and, if necessary, renewable
p.000021: every two years.
p.000021: Article 73.- The moral and professional duties of members of the medical and paramedical professions are all
p.000021: defined in codes of ethics established by the Orders concerned. The provisions of these codes are
p.000021: established by each Order concerned in the form of a Decree taken by the Government Council on the proposal of
p.000021: Minister of Health.
p.000021: Article 74.- The paramedical professions are those which, relating to health, are practiced in
p.000021: outside routine care on demand, under the supervision of a doctor.
p.000021: Article 75.- Any member from the medical, paramedical and any other health worker without exception, entitled to
p.000021: exercise his art, is required to refer to requisitions legally issued by the public authority to execute
p.000021: acts related to his specialty. In this case, the interventions open the right to remuneration
p.000021: according to the provisions of the Trade Union Law and paid by the requesting authority.
p.000021: Article 76.- Patients employed in a company have the freedom to consult the practitioners of their
p.000021: choice, unless said company is bound by an exclusivity contract with approved health organizations
p.000021: by the state.
p.000021: Article 77.- Midwives are authorized:
p.000021: - to act as a paramedical practitioner and implement their professional competence such
p.000021: that it was acquired at the end of training instituted and recognized by the Malagasy State;
p.000021: - to perform healthcare services prescribed or advised by a doctor;
p.000021: - to prescribe the drugs and additional examinations authorized jointly by the Order
p.000021: National Midwives and the National Order of Physicians and with prior approval of the Minister responsible for
p.000021: Health.
p.000021: Article 78.- The conditions and rules of practice of the profession of doctor,
p.000021: acupuncturist, dentist-stomatologist, midwife and, where applicable, those practicing other professions
p.000021: and paramedical services are set by Decree taken by the Government Council on a proposal
p.000021: of the Minister of Health.
p.000021: CHAPTER I
p.000021: ILLEGAL PRACTICE OF MEDICINE AND ACUPUNCTURE
p.000021: Article 79.- Illegally practices medicine and the art of acupuncture:
p.000021: 1. any person:
p.000021: - who usually takes or by direction followed, even in the presence of a doctor, at the establishment of a
p.000021: diagnosis, prescription of pharmaceutical products or other treatment of diseases or conditions
p.000021: surgical, congenital or acquired, real or suspected, by personal act, verbal or written consultation or
p.000021: by any other process whatsoever;
p.000022: 22
...

p.000080: • the collection, processing and delivery of blood and its derivatives outside an approved body;
p.000080: • selling blood or blood products at a different rate than the one set
p.000080: by regulatory texts governing the subject.
p.000080: TITLE II
p.000080: DISCIPLINARY SANCTIONS
p.000080: Article 350.- The disciplinary sanctions decreed by this title apply, in the event of translation before the
p.000080: Council of the Order of belonging, independently of a possible decision of the Council for Discipline of the Function
p.000080: Public.
p.000080: The disciplinary penalties that the Councils of the Order of the members of the medical and paramedical professions can
p.000080: apply are:
p.000081: 81
p.000081: - the warning;
p.000081: - the blame ;
p.000081: - temporary ban from practicing for a maximum period of three (03) years;
p.000081: - removal from the Order Table.
p.000081: Article 351.- All complaints relating to registration with the Order, all electoral disputes at
p.000081: within the Council of the Order of belonging, all disciplinary sanctions pronounced against a practitioner
p.000081: by the Order of belonging can be the subject of a prior request to the Ministry of Health
p.000081: who proceeds to a deliberation session through the Disciplinary Commission stipulated in article 352
p.000081: below. In the event of silence from the Ministry of Health within forty (40) days of the
p.000081: request or end of non-receipt expressly expressed, the practitioner concerned may institute a
p.000081: appeal to the Administrative Chamber.
p.000081: However, the appeal to the Administrative Chamber is not suspensive.
p.000081: Article 352.- The Ministry in charge of Health, seized by the Sanitary or Judicial Authority or by a Practitioner or
p.000081: an interested Union may institute by decree the creation of a Health Disciplinary Commission for
p.000081: Orders (CDSO) responsible for deciding whether or not to dissolve the Order's Code of Ethics
p.000081: concerned.
p.000081: Instead of and in place of a dissolved Council, the Minister of Health designates, by ministerial decision, a
p.000081: provisional delegation responsible for handling current business until the election of a new Council.
p.000081: Members of an ex-officio council are not eligible for three (3) years.
p.000081: The provisions of this article are applicable in the event of a finding of abuse of authority by the Order
p.000081: interested in the application of the provisions of article 350 above.
p.000081: The Health Disciplinary Commission for Orders must be composed as follows:
p.000081: • the Secretary General of the Ministry in charge of Health or his Representative, President;
p.000081: • two members of the Cabinet of the Ministry responsible for Health, a Magistrate appointed by the Guard of
p.000081: Seals, Minister of Justice, two members appointed by each legally constituted Order, but chosen
p.000081: outside the members of the permanent office of the Council of the Order which appoints them.
p.000081: Once its mission is complete, the Commission for Discipline of Health for Orders, thus constituted, is dissolved
p.000081: systematically. In the event of a new referral to settle another dispute, a new Commission, composed
p.000081: of the above members, is established in the same forms and under the same conditions for a new mission
p.000081: temporary.
...

Social / Victim of Abuse

Searching for indicator trauma:

(return to top)
p.000058: sensory or mental, is unable to work, in particular by the institution of organisms to
p.000058: social characters.
p.000058: Article 248 bis.- The Law provides for measures to eliminate the inequalities affecting people with disabilities.
p.000058: The duration and working conditions must not affect the health or the dignity of the worker.
p.000058: Article 249.- The list of diseases to which these provisions apply as well as the measures for
p.000058: fight against chronic and disabling diseases are determined by regulatory texts taken by the
p.000058: Minister of Health. This list can be modified under the same conditions as above depending on
p.000058: possible new forms of disease.
p.000058: Article 250.- The implementation, in all fields, of the promotion of the prevention of chronic diseases not
p.000058: transmissible is set by regulatory texts from the Ministry of Health.
p.000058: Article 251.- Pursuant to Law No. 97-044 of February 2, 1998 on the disabled and
p.000058: subsequent texts, the organization and care arrangements for people with disabilities in the
p.000058: Community-based rehabilitation frameworks are set by regulation.
p.000058: Article 252.- The associations for the fight against chronic and disabling diseases provide assistance to the sick and
p.000058: their families and participate in the organization of awareness campaigns on the subject. The organization and
p.000058: the functioning of these associations are fixed by order of the Minister of Health.
p.000058: In particular, measures to prevent trauma and violence must be implemented, in particular
p.000058: for road safety, the prevention of different types of violence, the prevention of drownings, burns,
p.000058: falls, poisoning / poisoning.
p.000058: Everyone who has suffered trauma and / or violence has the right to proper care since the
p.000058: location of the incident up to the level of the health facilities.
p.000058: TITLE II
p.000058: MEASURES TO COMBAT EYE DISEASES
p.000058: Article 253.- Any person with an eye disease has the right to proper care at the level of
p.000058: specialized centers, provided with consumable equipment and medicines and placed under the responsibility and under the
p.000058: specialist in ophthalmology.
p.000058: Within the framework of the regulations in force concerning both state services and centers
p.000058: or private specialists, the acquisition or recovery of good eye health manifested by a
p.000058: binocular vision intact and free from any pathology results from the combined action of various strategies such
p.000058: that prevention, early diagnosis and management of all conditions likely to affect
p.000058: to the integrity of vision.
p.000059: 59
p.000059: TITLE III
p.000059: SMOKING AND OTHER ADDICTION CONTROL MEASURES
p.000059: Article 254.- The list of products whose consumption can lead to dependence
p.000059: harmful to health and to which the provisions of this title and the control measures are applicable
p.000059: anti-smoking and other drug addiction, is set by regulatory text taken by the Minister of Health, after notice
p.000059: of the National Office of Tobacco Control (OFNALAT).
p.000059: This list can be modified or increased, under the same conditions as above, according to new
p.000059: forms of products known to be toxic, dumped on the consumer market.
p.000059: Article 255.- The main objectives of the National Office for Tobacco Control (OFNALAT) are as follows:
...

Searching for indicator victim:

(return to top)
p.000054: Article 225.- Verification of deaths and direct debits from deceased persons may be
p.000054: required by the health authority, or ordered upon even verbal requisition, and thus be carried out by
p.000054: free doctors, in localities where there is no doctor or paramedic authorized for this purpose, and this,
p.000054: without remuneration.
p.000054: In the case of a suspicious death or a death occurring in a verification zone
p.000054: compulsory, burial may be carried out after verification of death and the necessary samples, without waiting
p.000054: the result of laboratory examinations.
p.000054: Patients with plague or suspected of having plague are isolated according to instructions
p.000054: given by health authorities. Isolation can take place in hospital or at home
p.000054: Anyone suffering from plague or suspected of having plague must comply with the
p.000054: medical prescriptions until the danger of contagiousness disappears.
p.000055: 55
p.000055: Article 226.- Persons having been in direct or indirect contact, under conditions making it possible
p.000055: transmission of the plague, with plague victims or with patients suspected of plague, are subject to
p.000055: sulfonamide chemoprophylaxis in accordance with technical guidelines. The duration of the isolation is fixed at ten (10)
p.000055: full days.
p.000055: People who have been in contact with plague victims or patients suspected of plague, staff members
p.000055: health of the various prophylaxis teams must comply with medical prescriptions, in particular
p.000055: particularly with regard to disinfection, disinsectization and chemo-prophylaxis measures.
p.000055: Article 227.- The reopening of a tomb or a grave in which a plague victim has been buried may have
p.000055: place after a deadline set by the relevant health authority. The exhumation is subject to the authorization of
p.000055: administrative authority and is carried out under the supervision of the Physician-Inspector or a competent health worker
p.000055: who can represent it.
p.000055: Article 228.- The circulation and transport of all goods or all susceptible goods, either
p.000055: to be contaminated, either to be a vector of fleas or rats, are prohibited inside
p.000055: districts contaminated with plague, unless authorized by the Health Authority.
p.000055: The exit of any goods or any goods likely either to be contaminated, or to be flea vectors
p.000055: or rats outside of a plague-infected district is prohibited unless authorized by
p.000055: the health authority.
p.000055: Any means of transport leaving a recognized contaminated district must be
p.000055: subject to insecticide by contact insecticides, according to the prescriptions of the health authority. A
p.000055: disinsection certificate will be issued to the skipper.
p.000055: Article 229.- Measures to be adopted against the plague germ, against the vector and against the virus reservoir
p.000055: sailor, are ordered by the local health authority and executed under its control.
p.000055: Article 230.- The fight against the plague requires the treatment of the sick, medical surveillance and
p.000055: chemo-prophylaxis of the subjects contacted as well as disinsectisation of the contaminated region and surveillance
...

Searching for indicator abuse:

(return to top)
p.000061: willfully refrain from providing assistance to another person in danger that they could provide
p.000061: either by his personal action, or by provoking help. This article applies to any member of the body
p.000061: midwifery who refrain from administering the care required of a woman by
p.000061: peril during childbirth.
p.000062: 62
p.000062: Article 265.- The following rules, which enshrine the best interests of the child in society,
p.000062: contained in International Conventions and in National Law ensure the protection and
p.000062: safeguarding the physical and moral integrity of the child:
p.000062: - the State recognizes that every child has an inherent right to life and ensures as far as possible the
p.000062: child survival and development;
p.000062: - the State undertakes to respect the right of the child to preserve his identity, his name and his family relationships
p.000062: ;
p.000062: - the State ensures that the child has access to information aimed at promoting his social well-being,
p.000062: spiritual and moral as well as physical and mental health;
p.000062: - the state protects children and adolescents from all forms of violence, attack or brutality
p.000062: physical or mental, neglect or neglect, including abuse, violence and sexual exploitation that
p.000062: the law punishes severely. In this perspective, the Malagasy Penal Code protects the child against infanticide,
p.000062: physical harm to minor children, violence or deprivation seriously affecting health or
p.000062: a child's physical integrity;
p.000062: - children have the right to the best possible health and to benefit from services
p.000062: medical and rehabilitation. The State strives to guarantee every child access to health services;
p.000062: - the state must take all appropriate measures to fight disease and malnutrition, provide
p.000062: in the context of primary health care, ensuring the provision of nutritious food and drinking water;
p.000062: - the child occupies a privileged place within the family: he has the right to material and moral security
p.000062: as complete as possible;
p.000062: - the responsibility for its education belongs in the first place to the family which, however in case
p.000062: failure, must be helped and assisted by the public authorities.
p.000062: FIRST TITLE
p.000062: REPRODUCTIVE HEALTH
p.000062: FIRST CHAPTER
...

p.000063: on Reproductive Health. The Ministry of Health monitors the quality of
p.000063: services provided.
p.000063: A new review of the legislative and regulatory provisions relating to the sale, use of
p.000063: contraceptives and the advertising of which they are the subject must be carried out jointly by the above Ministries
p.000063: mentioned to which is added the Ministry of Justice.
p.000063: CHAPTER III
p.000063: ADOLESCENT AND YOUNG REPRODUCTIVE HEALTH
p.000063: Article 270.- Organizations offering health services targeting people aged ten to nineteen,
p.000063: say adolescent girls, as well as those aged fifteen to twenty four, say young people, have the duty to
p.000063: make available to them appropriate information for the promotion of sexual behavior
p.000063: safe and responsible.
p.000063: CHAPTER IV
p.000063: MEDICALLY ASSISTED PROCREATION AND GENETIC ENGINEERING
p.000063: Article 271.- Special health establishments accessible to adolescents and young people are authorized to
p.000063: offer services of:
p.000063: - prevention and treatment of infections of the genital and urinary tracts including Sexually Infections
p.000063: Transferable; as well as medical and surgical complications related to induced abortions,
p.000063: early pregnancies, and unwanted or unwanted pregnancies resulting from acts of violence or others;
p.000063: - prevention and treatment of infertility;
p.000063: - prenuptial consultation;
p.000063: - education in family life.
p.000063: Article 271 bis.- Human beings and their environment must be protected against abuse in matters of procreation
p.000063: medically assisted and genetic engineering.
p.000063: The State, through the Ministry of Health, legislates on the use of germinal and genetic heritage
p.000063: human. In doing so, it ensures the protection of human dignity, of the person and of the family and
p.000063: respects in particular the following principles:
p.000063: - any form of cloning and any intervention in the genetic heritage of gametes and embryos
p.000063: humans are prohibited;
p.000063: - the non-human genetic and germinal heritage can neither be transferred to the human germinal heritage nor
p.000063: merged with it;
p.000063: - the use of medically assisted procreation methods is only authorized when sterility or the danger of
p.000063: transmission of a serious illness cannot be ruled out in any other way, not to develop in the child
p.000063: certain qualities or for any purpose of eugenics as well as to satisfy research;
p.000064: 64
p.000064: - fertilization of human eggs outside the woman's body is only authorized under the conditions provided by law;
p.000064: only the number of human eggs can be developed outside the female body up to the embryo stage
p.000064: can be immediately implemented;
p.000064: - embryo donation and all forms of surrogacy are prohibited;
p.000064: - human germinal material or products resulting from embryos cannot be traded;
...

p.000074: principals. These responsibilities can only be moral or disciplinary. They don't
p.000074: concern only the Minister, the Members of the Cabinet, the Secretary General and the Directors General. This,
p.000074: notwithstanding the provisions of articles 13, 14 and 15 of Law n ° 2003-011 of September 03, 2003 relating to the Statute
p.000074: General of Officials as well as those of legislative and regulatory texts concerning finance and
p.000074: Public Accounting, in particular, that of Law No. 2004-006 of July 26, 2004 reorganizing and
p.000074: functioning of the Budgetary and Financial Discipline Council.
p.000074: They are moral in nature, insofar as they translate into a value judgment on the personnel who
p.000074: incur.
p.000075: 75
p.000075: They are disciplinary, when the seriousness of the facts gives rise to a disciplinary sanction.
p.000075: TITLE III
p.000075: SPECIFIC RESPONSIBILITIES
p.000075: Article 319.- These are the responsibilities which are delimited by the legislative texts and the
p.000075: current regulations. They are attached to certain well-defined functions, namely:
p.000075: - those of the authorizing officers;
p.000075: - those of managers and accountants.
p.000075: Article 320.- Nevertheless, the Directors as well as the Heads of Service, as first responsible for their
p.000075: respective constituencies, are not released from any of their responsibilities by the
p.000075: own responsibility of their subordinates. They are responsible for carrying out the orders they have given
p.000075: to their subordinates. They are responsible for reporting to their hierarchical superior on the execution of the missions in
p.000075: species and, if applicable, reasons which did not allow the execution of these missions. This, until proof of existence
p.000075: cases of force majeure or of proven or proven existence of abuse of office by subordinates.
p.000075: Article 321.- For the authorizing officers, these responsibilities are disciplinary and criminal; they can
p.000075: result in fines imposed by a Superior Financial Health Council, the creation, organization and
p.000075: functioning are fixed by Decree taken in Council of the Government, on proposal of the Minister
p.000075: Health.
p.000075: Article 322.- For managers and accountants, in addition to the sanctions referred to above, these responsibilities are
p.000075: of a financial nature and the reimbursement may result in either an accounting debt made by order of
p.000075: Minister in charge of Finance and Budget on the proposal of the Superior Financial Health Council; either by a
p.000075: imputation at the level of the balances and accessories of the person concerned by decision of the Superior Financial Council of
p.000075: Health, after prior visas from the Minister of Finance and Budget as well as Financial Control.
p.000075: Article 323.- The sanctions are pronounced by the Superior Financial Council of Health, after studies of
p.000075: disputed files, communication of the facts to the interested party (ies) and reception of his (their) defense arguments.
p.000075: The decision taken, after visa of the Minister in charge of Finance and Budget and Financial Control is
p.000075: applicable, regardless of criminal decisions. The appeal to the Courts is not suspensive of
p.000075: the application of the decision of the Superior Health Financial Council.
p.000075: This pecuniary responsibility is independent of the disciplinary and penal sanctions which may
p.000075: also be pronounced. However, priority is given to pecuniary responsibility, in the
...

p.000081: 81
p.000081: - the warning;
p.000081: - the blame ;
p.000081: - temporary ban from practicing for a maximum period of three (03) years;
p.000081: - removal from the Order Table.
p.000081: Article 351.- All complaints relating to registration with the Order, all electoral disputes at
p.000081: within the Council of the Order of belonging, all disciplinary sanctions pronounced against a practitioner
p.000081: by the Order of belonging can be the subject of a prior request to the Ministry of Health
p.000081: who proceeds to a deliberation session through the Disciplinary Commission stipulated in article 352
p.000081: below. In the event of silence from the Ministry of Health within forty (40) days of the
p.000081: request or end of non-receipt expressly expressed, the practitioner concerned may institute a
p.000081: appeal to the Administrative Chamber.
p.000081: However, the appeal to the Administrative Chamber is not suspensive.
p.000081: Article 352.- The Ministry in charge of Health, seized by the Sanitary or Judicial Authority or by a Practitioner or
p.000081: an interested Union may institute by decree the creation of a Health Disciplinary Commission for
p.000081: Orders (CDSO) responsible for deciding whether or not to dissolve the Order's Code of Ethics
p.000081: concerned.
p.000081: Instead of and in place of a dissolved Council, the Minister of Health designates, by ministerial decision, a
p.000081: provisional delegation responsible for handling current business until the election of a new Council.
p.000081: Members of an ex-officio council are not eligible for three (3) years.
p.000081: The provisions of this article are applicable in the event of a finding of abuse of authority by the Order
p.000081: interested in the application of the provisions of article 350 above.
p.000081: The Health Disciplinary Commission for Orders must be composed as follows:
p.000081: • the Secretary General of the Ministry in charge of Health or his Representative, President;
p.000081: • two members of the Cabinet of the Ministry responsible for Health, a Magistrate appointed by the Guard of
p.000081: Seals, Minister of Justice, two members appointed by each legally constituted Order, but chosen
p.000081: outside the members of the permanent office of the Council of the Order which appoints them.
p.000081: Once its mission is complete, the Commission for Discipline of Health for Orders, thus constituted, is dissolved
p.000081: systematically. In the event of a new referral to settle another dispute, a new Commission, composed
p.000081: of the above members, is established in the same forms and under the same conditions for a new mission
p.000081: temporary.
p.000081: Article 353.- Without prejudice to the sanctions provided for by this Code, the usurpation of the title of member of the professions
p.000081: medical and paramedical or any other title allowing to exercise the art of health professionals is punished
p.000081: the penalties provided for in the provisions of the Penal Code in this area.
p.000081: BOOK X
p.000081: MISCELLANEOUS AND TRANSITIONAL PROVISIONS
p.000081: Article 354.- The minutes of infringements of the provisions of this Code are sent:
p.000082: 82
p.000082: - by doctors or pharmacists invested by this Code of inspection powers and
p.000082: participating in this capacity in the judicial police within the limits of their powers;
...

Social / Women

Searching for indicator women:

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p.000026: Article 94.- The conditions and rules of practice of the profession of fitting technicians
p.000026: orthopedic, pedicure, optician-eyewear, are regulated by decree taken in the Council of Government
p.000026: on the proposal of the Minister of Health.
p.000026: Article 95.- The practice of Traditional Medicine is legally authorized and recognized by any natural person
p.000026: or moral, individually or in association, under the conditions determined by the provisions of
p.000026: this Code.
p.000026: Traditional healers treating patients in the context of traditional medicine
p.000026: can exercise their art in accordance with the laws and regulations in force.
p.000026: But in no case can they establish a diagnosis by using terminology or slang from allopathic medicine,
p.000026: homeopathy and osteopathy, or handle chemicals prepared or classified as "pharmaceutical" and,
p.000026: outside the traditional pharmacopoeia, prescribe any drug product or pharmaceutical specialties falling under
p.000026: the competence of pharmacists.
p.000026: Article 96.- Under the terms of this Code, the following definitions apply:
p.000026: -Traditional Medicine: the total sum of all knowledge and practices used in
p.000026: diagnosis, prevention and elimination of physical, mental and social imbalances and based exclusively
p.000026: on practical experiences and observations transmitted from generation to generation, orally or in writing,
p.000026: to prevent, cure illnesses and alleviate suffering.
p.000026: - Health practitioner: any person who practices Traditional Medicine according to the definition and
p.000026: principles previously stated. The traditional healer can be:
p.000026: • a traditional birth attendant: a term designating any person recognized as competent for
p.000026: provide women and their newborn babies with basic health care before, during and after childbirth
p.000026: concepts prevalent in the community where she lives;
p.000026: • a Traditherapist: a term designating any person recognized by the community in which they
p.000026: lives, as competent to provide health care based on the concepts of disease and disability
p.000026: prevailing in said community. These Traditherapists are designated by different names depending on the
p.000026: region. An exhaustive list and details will be provided by a Decree implementing this Law;
p.000026: • a Herbalist: a term designating any person who sells medicinal plants;
p.000026: • a Medico-druggist: a term designating any person who markets substances
p.000026: medicinal products other than plants (of animal or mineral origin).
p.000026: Article 97.- The practice of HOMEOPATHY and OSTEOPATHY, individually or in association, is legally
p.000026: authorized and recognized in Madagascar by the provisions of this Code.
p.000026: Article 98.- Under the terms of this Code:
p.000026: - Homeopath: any doctor who has received training in homeopathy, an original treatment method
p.000026: developed by HAHNEMANN in 1970 and based on the pharmacological principle of the reversal of the dose effect
p.000026: infinitesimal or law of similarity. In their essence, homeopathic techniques allow a
p.000026: holistic and individualized therapeutic approach.
p.000027: 27
p.000027: - Osteopath: anyone who has received training in osteopathy, a manual therapy method developed in
p.000027: 1874 by Andrew T. STILL drawing on his own observations and knowledge of anatomy. Of
p.000027: new elements in the development of osteopathy were brought later by Sutherland (1873-1954)
p.000027: and John UPPLEDGER (1983). Osteopathy uses two hands to treat.
p.000027: Article 99.- The conditions and rules of practice of the homeopath and osteopath profession are
...

p.000056: - in an area apparently spared from cholera, an acute episode of watery diarrhea
p.000056: usually accompanied by vomiting causes severe dehydration or death in an elderly patient
p.000056: more than five (5) years;
p.000056: - in an area where an outbreak of cholera breaks out, a patient aged two (2) years suffers from watery diarrhea
p.000056: acute with or without vomiting.
p.000056: An outbreak of cholera should be mentioned in the following cases:
p.000056: - a patient over five (5) years old presents with severe dehydration or succumbs to an acute episode
p.000056: watery diarrhea;
p.000056: - there is a sudden increase in the daily number of acute cases of watery diarrhea,
p.000056: especially if it is watery "rice-like" stools, containing lumps typical of cholera.
p.000056: Article 234.- In order to eliminate any danger of the spread of cholera, it may be taken by the Minister responsible for
p.000056: Health a decree establishing a state of alert in a locality or a localized geographic region and where
p.000056: must be applied, for an indefinite period, hygiene and prophylaxis measures.
p.000056: To this end, anyone entering or leaving an infected area must be subject to prophylactic measures.
p.000056: Article 235.- For better prevention against cholera epidemics, the authorities concerned
p.000056: collaboration with the Ministry of Health must ensure populations have access to safe water and
p.000056: properly treated, good environmental sanitation and food safety.
p.000056: To promote the use of latrines, the concept of hygiene and sanitation must be part of
p.000056: school programs to instill in students and awareness-raising actions carried out in particular in the area
p.000056: women.
p.000056: Article 236.- A National Interministerial Coordination Committee bringing together senior officials from all
p.000056: the Ministries and Services is created to ensure the collaboration of the sectors involved, to guarantee
p.000056: rapid implementation of the above-mentioned preventive actions and making the fight against the spread of
p.000056: the epidemic.
p.000056: A decree issued by the Government Council, on the proposal of the Minister of Health, fixes the organization and the
p.000056: functioning of this Committee.
p.000056: Article 237.- With a view to combating and preventing the spread of cholera and until the establishment of a
p.000056: effective training in the clinical management of cases of acute diarrhea, all health professionals must
p.000056: use the document published by the World Health Organization entitled: "Guide for the fight against
p.000056: cholera ”or any other document that has obtained validation from the Ministry of Health.
p.000056: Article 238.- Patients with diarrhea suspected of having cholera must comply with the measures taken
p.000056: charge in designated health centers and chemoprophylaxis measures enacted for this purpose.
p.000056: Populations from infected regions and moving to another region or locality must comply with the
p.000056: chemoprophylaxis measures required.
p.000056: Article 239.- Failure to comply with the provisions referred to in the above article exposes the offender
p.000056: immediate return to the place of origin or forced and immediate quarantine.
p.000057: 57
p.000057: TITLE VII
p.000057: OF THE FIGHT AGAINST SEXUALLY TRANSMITTED INFECTIONS
p.000057: Article 240.- Anyone with a sexually transmitted infection must
p.000057: must be examined and treated until recovery.
...

p.000061: Article 261.- In addition to any applicable administrative or police measures, the transgression of
p.000061: provisions of regulatory texts aimed at preventing the spread of noncommunicable diseases is
p.000061: punished in accordance with the provisions of articles 329 to 330 of this Code, depending on the nature of the offenses
p.000061: committed in the matter.
p.000061: Article 262.- Oral conditions to which these provisions apply as well as
p.000061: oral disease control measures are determined by regulation at the behest of the
p.000061: Minister of Health.
p.000061: BOOK VI
p.000061: FAMILY HEALTH PROTECTION
p.000061: PRELIMINARY TITLE
p.000061: GENERAL INFORMATION ON THE PROTECTION OF MOTHER AND CHILD
p.000061: Article 262 bis.- Health is the right of every person and the duty of the State and is guaranteed through
p.000061: social and economic policies to reduce the risk of disease and other hazards and to facilitate access
p.000061: universal and equitable to all actions and services for the promotion, protection and restoration of
p.000061: health.
p.000061: Article 263.- The provisions regulating the health protection of the family, and more particularly
p.000061: of women and children, are inseparable from the provisions contained in the International Conventions and in
p.000061: National Law constituting the legal framework for the protection of the person of women and children.
p.000061: Article 264.- The following fundamental rules contained in the International Conventions, in
p.000061: the Constitution and in the National Law contribute to protect the family and the person of the woman:
p.000061: - the family, the natural and fundamental element of society, is protected by the State which ensures its freedom
p.000061: fulfillment as well as that of mother and child through legislation and social institutions
p.000061: appropriate;
p.000061: - based on the equality of men and women, during pregnancy, during childbirth and after
p.000061: delivery of appropriate and free services when needed, as well as adequate nutrition during
p.000061: pregnancy and breastfeeding;
p.000061: - the State recognizes the right of everyone to an adequate standard of living for himself and his family, including
p.000061: including adequate food, clothing and accommodation, as well as constant improvement in conditions
p.000061: of existence and also the right to enjoy the best physical and mental health
p.000061: able to reach;
p.000061: - the Malagasy Criminal Code severely sanctions anyone who has favored or attempted to promote abortion. of the
p.000061: aggravated sentences are provided for members of medical or paramedical personnel who have committed the same
p.000061: facts;
p.000061: - the Malagasy Penal Code includes in its article 63 a provision which makes it possible to sanction a person who
p.000061: willfully refrain from providing assistance to another person in danger that they could provide
p.000061: either by his personal action, or by provoking help. This article applies to any member of the body
p.000061: midwifery who refrain from administering the care required of a woman by
p.000061: peril during childbirth.
p.000062: 62
p.000062: Article 265.- The following rules, which enshrine the best interests of the child in society,
p.000062: contained in International Conventions and in National Law ensure the protection and
p.000062: safeguarding the physical and moral integrity of the child:
...

p.000062: a child's physical integrity;
p.000062: - children have the right to the best possible health and to benefit from services
p.000062: medical and rehabilitation. The State strives to guarantee every child access to health services;
p.000062: - the state must take all appropriate measures to fight disease and malnutrition, provide
p.000062: in the context of primary health care, ensuring the provision of nutritious food and drinking water;
p.000062: - the child occupies a privileged place within the family: he has the right to material and moral security
p.000062: as complete as possible;
p.000062: - the responsibility for its education belongs in the first place to the family which, however in case
p.000062: failure, must be helped and assisted by the public authorities.
p.000062: FIRST TITLE
p.000062: REPRODUCTIVE HEALTH
p.000062: FIRST CHAPTER
p.000062: PROVISIONS FOR LOWER RISK MATERNITY
p.000062: Article 266.- The health and social protection of pregnant women and mothers as well as that of children without
p.000062: not more than two (2) years completed is organized under the conditions set by decree taken in the Council of Government
p.000062: on the proposal of the Minister of Health.
p.000062: Article 267.- All practices having negative repercussions on the evolution of pregnancy,
p.000062: childbirth, postpartum and the postnatal period are punished with the penalties provided for in the provisions of
p.000062: Article 346 of this Code.
p.000062: The doctor has a duty to advise patients on the prevention of unwanted pregnancies.
p.000062: It is up to the State to set up special, quality health services accessible to
p.000062: women with complications related to pregnancy, childbirth, postpartum, postpartum
p.000062: birth rate and abortion.
p.000062: More particularly, concerning the prevention of gynecological cancers, health facilities have the duty
p.000062: make available to women between the ages of twenty five and fifty the appropriate information for the
p.000062: prevention of cervical cancer and breast cancer. The doctor has a duty to give advice
p.000062: to women on the prevention of gynecological cancers.
p.000062: Article 268.- Every woman has the right to benefit from screening for cervical cancer by Visual Inspection
p.000062: Acetic Acid (IVA) or by Pap smear at least once in their lifetime.
p.000063: 63
p.000063: It is up to the State to set up special and accessible health services for women suffering from
p.000063: cervical cancer and breast cancer to be available for:
p.000063: - the diagnosis ; and
p.000063: - the management of these cancers.
p.000063: CHAPTER II
p.000063: FAMILY PLANNING
p.000063: Article 269.- The Minister in charge of Health, the Minister of Telecommunications, Post and Communication
p.000063: and the Minister of Transport and Tourism are responsible for raising public awareness
p.000063: on Reproductive Health. The Ministry of Health monitors the quality of
p.000063: services provided.
p.000063: A new review of the legislative and regulatory provisions relating to the sale, use of
p.000063: contraceptives and the advertising of which they are the subject must be carried out jointly by the above Ministries
p.000063: mentioned to which is added the Ministry of Justice.
p.000063: CHAPTER III
p.000063: ADOLESCENT AND YOUNG REPRODUCTIVE HEALTH
p.000063: Article 270.- Organizations offering health services targeting people aged ten to nineteen,
p.000063: say adolescent girls, as well as those aged fifteen to twenty four, say young people, have the duty to
p.000063: make available to them appropriate information for the promotion of sexual behavior
p.000063: safe and responsible.
p.000063: CHAPTER IV
p.000063: MEDICALLY ASSISTED PROCREATION AND GENETIC ENGINEERING
p.000063: Article 271.- Special health establishments accessible to adolescents and young people are authorized to
p.000063: offer services of:
p.000063: - prevention and treatment of infections of the genital and urinary tracts including Sexually Infections
p.000063: Transferable; as well as medical and surgical complications related to induced abortions,
...

Social / Youth/Minors

Searching for indicator minor:

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p.000060: of Tobacco Control of the Ministry in charge of Health.
p.000060: TITLE IV
p.000060: MEASURES TO COMBAT MENTAL ILLNESSES
p.000060: Article 257.- The list of diseases to which these provisions apply as well as the measures for
p.000060: fight against mental illnesses are determined by regulatory text of the Minister of Health.
p.000060: Article 258.- This list can be modified under the same conditions as above depending on
p.000060: possible new forms of disease.
p.000060: Article 259.- The main objectives of the fight against mental illness are as follows:
p.000060: 1- take into account the progress made in the prevention and diagnosis of mental illnesses,
p.000060: quality of care and the nature of the drugs administered to patients with mental disorders, monitoring of
p.000060: patients left in a family, social environment or in a non-hospital structure or even hospitalized,
p.000060: rehabilitation and social reintegration;
p.000060: 2- design on this basis a mental health promotion policy through the definition of
p.000060: missions entrusted to establishments providing hospital services depending on the State or to any
p.000060: legal entity of public or private law participating in the implementation of the health promotion policy
p.000060: mental;
p.000060: 3- redefine the status of the mentally ill, its protection as an incapable person, adult or
p.000060: infant-juvenile minor;
p.000060: 4- set up a system for individualizing protective measures for patients suffering from
p.000060: mental disorders.
p.000060: As necessary, these objectives may be subject to re-evaluation by regulatory text
p.000060: of application taken by the Minister of Health.
p.000060: TITLE V
p.000060: DUTIES AND MEASURES
p.000060: Article 260.- Ministerial Departments, Institutions, NGOs and Civil Society have the duty to implement
p.000060: implements programs aimed at promoting the measures enacted with a view to:
p.000060: • to prevent all forms of noncommunicable diseases, particularly in the workplace, to practice
p.000060: sports and leisure, in schools and universities and in all covered public places
p.000060: or deemed to be covered;
p.000061: 61
p.000061: • to include in national development plans, programs and strategies, the
p.000061: prevention, early diagnosis and adequate management of the diseases referred to above;
p.000061: • collaborate with financial partners to facilitate access to treatment for these diseases.
p.000061: Article 261.- In addition to any applicable administrative or police measures, the transgression of
p.000061: provisions of regulatory texts aimed at preventing the spread of noncommunicable diseases is
p.000061: punished in accordance with the provisions of articles 329 to 330 of this Code, depending on the nature of the offenses
p.000061: committed in the matter.
p.000061: Article 262.- Oral conditions to which these provisions apply as well as
p.000061: oral disease control measures are determined by regulation at the behest of the
p.000061: Minister of Health.
p.000061: BOOK VI
p.000061: FAMILY HEALTH PROTECTION
p.000061: PRELIMINARY TITLE
...

p.000062: contained in International Conventions and in National Law ensure the protection and
p.000062: safeguarding the physical and moral integrity of the child:
p.000062: - the State recognizes that every child has an inherent right to life and ensures as far as possible the
p.000062: child survival and development;
p.000062: - the State undertakes to respect the right of the child to preserve his identity, his name and his family relationships
p.000062: ;
p.000062: - the State ensures that the child has access to information aimed at promoting his social well-being,
p.000062: spiritual and moral as well as physical and mental health;
p.000062: - the state protects children and adolescents from all forms of violence, attack or brutality
p.000062: physical or mental, neglect or neglect, including abuse, violence and sexual exploitation that
p.000062: the law punishes severely. In this perspective, the Malagasy Penal Code protects the child against infanticide,
p.000062: physical harm to minor children, violence or deprivation seriously affecting health or
p.000062: a child's physical integrity;
p.000062: - children have the right to the best possible health and to benefit from services
p.000062: medical and rehabilitation. The State strives to guarantee every child access to health services;
p.000062: - the state must take all appropriate measures to fight disease and malnutrition, provide
p.000062: in the context of primary health care, ensuring the provision of nutritious food and drinking water;
p.000062: - the child occupies a privileged place within the family: he has the right to material and moral security
p.000062: as complete as possible;
p.000062: - the responsibility for its education belongs in the first place to the family which, however in case
p.000062: failure, must be helped and assisted by the public authorities.
p.000062: FIRST TITLE
p.000062: REPRODUCTIVE HEALTH
p.000062: FIRST CHAPTER
p.000062: PROVISIONS FOR LOWER RISK MATERNITY
...

Social / education

Searching for indicator education:

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p.000001: long and fruitful lives. It thus constitutes the fundamental lever of development.
p.000001: We therefore understand that the Government, taking into account the latest available data on the state
p.000001: of the population and in particular of the most vulnerable social groups, defined the major
p.000001: lines of a health policy which includes in particular Health, Family Planning and the Fight against HIV / AIDS.
p.000001: The action program of the Health Sector has focused on eight (08) components which consist of:
p.000001: • ensuring the provision of quality health services to all;
p.000001: • eliminate the main communicable diseases;
p.000001: • win the fight against HIV / AIDS;
p.000001: • implement an effective family planning strategy;
p.000001: • reduce infant and child mortality;
p.000001: • reduce maternal and newborn mortality;
p.000001: • improve nutrition and food security;
p.000001: • supply the population with drinking water and generalize hygienic and sanitary practices.
p.000001: Thus, the problems of malnutrition and malaria will be solved; the trend of the spread of the
p.000001: HIV / AIDS will be reversed; drinking water will become accessible and the average size of the Malagasy family will be reduced,
p.000001: through education and the provision of health services.
p.000001: Taking into account these different statements, but above all the new socio-economic context to which the
p.000001: Government must cope, the Ministry of Health has made the decision to implement a new
p.000001: Health Code, inspired by preparatory work going back to different workshops organized in 1997 but
p.000001: enriched considerably thanks to a collective reflection involving the active participation of the Directorates,
p.000001: Services and Partners. The objective aims to put in the hands of health professionals and
p.000001: Service de la Population, an updated, credible and accessible legal instrument for all.
p.000002: 2
p.000002: The content of the law
p.000002: The Law on the Health Code contains 360 articles, compared to 117 articles for the former Public Health Code.
p.000002: Furthermore, it should be noted that, in compliance with the provisions of the Constitution relating to the field of
p.000002: law and regulations, the new project mainly defines the general principles of the organization and
p.000002: functioning of the Health Sector. It must be supplemented by decrees or orders concerning the procedures
p.000002: and rules which are not necessarily general principles.
p.000002: The 360 ​​articles of the new Code are divided into 10 Books which have been, as far as possible, logically
p.000002: classified and in which were inserted the new elements intended to enrich the National Policy of
p.000002: Health.
p.000002: The Preliminary Book is new in the presentation of the Code because it brings together various rules
p.000002: principles of the general organization of hospitals and Health Services in accordance
p.000002: to the National Policy on Hospital Reform. Introduces new requirements for Commissions
p.000002: of Hygiene and Health, consecrates the creation and the prerogatives of the Madagascar Medicines Agency, confirms the
...

p.000052: 52
p.000052: Herbal teas are subject to the provisions on herbal medicines.
p.000052: By product of natural origin is meant any natural product other than plants
p.000052: medicinal products, such as minerals or animal products, used either as is or in the form of
p.000052: preparation, for therapeutic use.
p.000052: Article 210. The Malagasy Traditional Pharmacopoeia Commission, placed under the authority of the Minister responsible for
p.000052: Health, has the task of gathering information concerning plants and other natural products
p.000052: likely to be used in therapy and to codify their use and the preparation of drugs
p.000052: galenics that are made of it. A decree will fix its composition, the appointment of its members and its mode of
p.000052: operation.
p.000052: The sale of herbal medicines, the manufacture and sale of herbal medicines are
p.000052: set by decree taken in the Council of Government on the proposal of the Minister of Health.
p.000052: BOOK IV
p.000052: CONTROLLING CONTAGIOUS DISEASES AND OTHER SOCIAL FLOWERS
p.000052: FIRST TITLE
p.000052: TUBERCULOSIS CONTROL
p.000052: Article 211.- Within the framework of the National Tuberculosis Control Program and that of the Expanded Program of
p.000052: Vaccination, vaccination with the BCG tuberculosis vaccine is compulsory at birth.
p.000052: Article 212.- A decree taken on the report of the Minister of Health, after the assent of the Commission
p.000052: National Hygiene and Health, determines the modalities of application concerning the vaccination technique by
p.000052: BCG tuberculosis vaccine, possible contraindications, revaccination practice, control of reactions
p.000052: tuberculin patients before or after vaccination.
p.000052: Article 213.- The tuberculosis mutual aid and health education committees ensure, under the supervision of the doctors
p.000052: phtisiologists for the Regions and the Communes:
p.000052: at. assistance to tuberculosis patients or their families;
p.000052: b. the organization of anti-tuberculosis health propaganda.
p.000052: The reinforcement and the effective implementation of the functioning of these committees will be the subject of an Order of the Minister
p.000052: responsible for health.
p.000052: Article 214.- As part of the pursuit of the National Tuberculosis Control Program, this
p.000052: the latter continues to be included in the list of notifiable diseases throughout the territory of the
p.000052: Republic of Madagascar.
p.000052: Article 215.- The sale of anti-tuberculosis drugs may be declared prohibited at the pharmacy and
p.000052: drug depots, on the proposal of the Minister of Health to prevent the emergence of resistant strains
p.000052: to anti-tuberculosis drugs by improper and uncontrolled use of these products.
p.000052: To avoid a shortage of anti-tuberculosis drugs, the supply from the central level must be
p.000052: regular.
p.000052: Any patient recognized as having tuberculosis must follow treatment according to the schemes and rules recommended by the
p.000052: National Tuberculosis Control Program. In case of change of residence, the patient must warn
p.000052: his attending physician who forwards the file of the patient concerned to the new attending physician by
p.000052: through the District Medical Inspector.
p.000053: 53
p.000053: Any patient recognized as having tuberculosis who refuses to submit to hygiene measures or bacteriological examinations,
p.000053: control required by his condition, or who has not completed the prescribed treatment, must be the subject of a measurement
p.000053: determined by the attending physician and / or by the local administrative authority.
p.000053: TITLE II
p.000053: THE FIGHT AGAINST LEPROSY
p.000053: Article 216.- All patients with leprosy recognized must be officially registered at the Training level
p.000053: Public health authority responsible for his residence, on a register established for these purposes.
p.000053: Article 217.- Any patient undergoing treatment must, in the event of transfer of residence, notify their doctor
p.000053: treating who brings the patient's file to life for the new treating doctor through the
p.000053: District Doctor or Inspector at the Leprosy Service of the Ministry of Health in Antananarivo.
p.000053: Any patient recognized as having leprosy must undergo treatment according to the scheme and rules recommended by the
p.000053: National Leprosy Program. In case of refusal, the local health and administrative authorities can be
p.000053: seized for compulsory processing.
p.000053: Hospitalization is not compulsory, except for the complicated cases mentioned in the guidelines
p.000053: techniques of the Ministry of Health. Patients in treatment retain their rights at work and their
p.000053: professional privileges.
p.000053: Article 218.- Associations or Committees for the Fight against Leprosy and for health education, the creation of which may be
p.000053: provoked by the Minister of Health, provide aid to lepers and their families, as well as the organization
p.000053: health propaganda favorable to leprosy control. The organization and functioning of these Associations
p.000053: or Committees are set by order of the Minister of Health.
p.000053: Article 219.- After consulting the National Hygiene and Health Commission, and on the proposal of the Minister responsible for
p.000053: Health, leprosy can be qualified, by decree, reportable disease on all or part of the
p.000053: territory of the Malagasy Republic.
p.000053: TITLE III
p.000053: OF THE FIGHT AGAINST MALARIA
p.000053: Article 220.- The management of malaria cases at home is supported by a system of
p.000053: dispensers with the Fund for the Non Stop Supply of Medicines or FANOME and a distribution system to
p.000053: community base.
p.000053: By a system of dispensers is meant the Fund for the Non-Stop Supply of
p.000053: Medicines, which provides for the patient's participation in the costs of drugs in training
p.000053: where the patient is treated.
p.000053: Community-based care also provides for participation by the population in the cost of drugs, but
p.000053: these are sold directly to the lowest level of the localities even in the absence of Training
p.000053: Sanitary.
p.000053: A decree issued by the Council of Government fixes the methods of organizing the management of cases of
p.000053: community-based malaria as well as the creation of a Technical Advisory Monitoring and Orientation Committee
p.000053: distribution channel.
p.000053: Article 221.- Promoting the wide use of insecticide-treated mosquito nets is one of the
p.000053: government bonds.
p.000054: 54
p.000054: Part of the supply of mosquito nets and insecticides can be left
...

p.000062: physical or mental, neglect or neglect, including abuse, violence and sexual exploitation that
p.000062: the law punishes severely. In this perspective, the Malagasy Penal Code protects the child against infanticide,
p.000062: physical harm to minor children, violence or deprivation seriously affecting health or
p.000062: a child's physical integrity;
p.000062: - children have the right to the best possible health and to benefit from services
p.000062: medical and rehabilitation. The State strives to guarantee every child access to health services;
p.000062: - the state must take all appropriate measures to fight disease and malnutrition, provide
p.000062: in the context of primary health care, ensuring the provision of nutritious food and drinking water;
p.000062: - the child occupies a privileged place within the family: he has the right to material and moral security
p.000062: as complete as possible;
p.000062: - the responsibility for its education belongs in the first place to the family which, however in case
p.000062: failure, must be helped and assisted by the public authorities.
p.000062: FIRST TITLE
p.000062: REPRODUCTIVE HEALTH
p.000062: FIRST CHAPTER
p.000062: PROVISIONS FOR LOWER RISK MATERNITY
p.000062: Article 266.- The health and social protection of pregnant women and mothers as well as that of children without
p.000062: not more than two (2) years completed is organized under the conditions set by decree taken in the Council of Government
p.000062: on the proposal of the Minister of Health.
p.000062: Article 267.- All practices having negative repercussions on the evolution of pregnancy,
p.000062: childbirth, postpartum and the postnatal period are punished with the penalties provided for in the provisions of
p.000062: Article 346 of this Code.
p.000062: The doctor has a duty to advise patients on the prevention of unwanted pregnancies.
p.000062: It is up to the State to set up special, quality health services accessible to
p.000062: women with complications related to pregnancy, childbirth, postpartum, postpartum
p.000062: birth rate and abortion.
p.000062: More particularly, concerning the prevention of gynecological cancers, health facilities have the duty
p.000062: make available to women between the ages of twenty five and fifty the appropriate information for the
...

p.000063: FAMILY PLANNING
p.000063: Article 269.- The Minister in charge of Health, the Minister of Telecommunications, Post and Communication
p.000063: and the Minister of Transport and Tourism are responsible for raising public awareness
p.000063: on Reproductive Health. The Ministry of Health monitors the quality of
p.000063: services provided.
p.000063: A new review of the legislative and regulatory provisions relating to the sale, use of
p.000063: contraceptives and the advertising of which they are the subject must be carried out jointly by the above Ministries
p.000063: mentioned to which is added the Ministry of Justice.
p.000063: CHAPTER III
p.000063: ADOLESCENT AND YOUNG REPRODUCTIVE HEALTH
p.000063: Article 270.- Organizations offering health services targeting people aged ten to nineteen,
p.000063: say adolescent girls, as well as those aged fifteen to twenty four, say young people, have the duty to
p.000063: make available to them appropriate information for the promotion of sexual behavior
p.000063: safe and responsible.
p.000063: CHAPTER IV
p.000063: MEDICALLY ASSISTED PROCREATION AND GENETIC ENGINEERING
p.000063: Article 271.- Special health establishments accessible to adolescents and young people are authorized to
p.000063: offer services of:
p.000063: - prevention and treatment of infections of the genital and urinary tracts including Sexually Infections
p.000063: Transferable; as well as medical and surgical complications related to induced abortions,
p.000063: early pregnancies, and unwanted or unwanted pregnancies resulting from acts of violence or others;
p.000063: - prevention and treatment of infertility;
p.000063: - prenuptial consultation;
p.000063: - education in family life.
p.000063: Article 271 bis.- Human beings and their environment must be protected against abuse in matters of procreation
p.000063: medically assisted and genetic engineering.
p.000063: The State, through the Ministry of Health, legislates on the use of germinal and genetic heritage
p.000063: human. In doing so, it ensures the protection of human dignity, of the person and of the family and
p.000063: respects in particular the following principles:
p.000063: - any form of cloning and any intervention in the genetic heritage of gametes and embryos
p.000063: humans are prohibited;
p.000063: - the non-human genetic and germinal heritage can neither be transferred to the human germinal heritage nor
p.000063: merged with it;
p.000063: - the use of medically assisted procreation methods is only authorized when sterility or the danger of
p.000063: transmission of a serious illness cannot be ruled out in any other way, not to develop in the child
p.000063: certain qualities or for any purpose of eugenics as well as to satisfy research;
p.000064: 64
p.000064: - fertilization of human eggs outside the woman's body is only authorized under the conditions provided by law;
p.000064: only the number of human eggs can be developed outside the female body up to the embryo stage
p.000064: can be immediately implemented;
...

Searching for indicator educational:

(return to top)
p.000064: promote intersectoral collaboration and ensure the sustainability of the Program.
p.000064: The implementation of the Expanded Program on Vaccination is ensured by the competent services of the Ministry
p.000064: responsible for health.
p.000064: Article 274 bis.- The State, through the Ministry of Health, must provide assistance
p.000064: comprehensive on child and adolescent health programs, allowing the participation of non-governmental entities
p.000064: governmental and respecting in particular the following precepts:
p.000064: - allocation of a percentage of public funds for mothers and health care for children;
p.000064: - creation of preventive and specialized care programs for people with motor, sensory or mental disabilities;
p.000064: - creation of programs for the social integration of disabled people and adolescents
p.000064: disadvantaged through specialized training and oriented towards their integration into life
p.000064: professional and community;
p.000064: - creation of specialized prevention and treatment programs for children and young people who consume
p.000064: narcotics and related drugs.
p.000065: 65
p.000065: TITLE III
p.000065: SCHOOL AND UNIVERSITY HEALTH
p.000065: Article 275.- Medical services concerned with the health of university students,
p.000065: grandes écoles and other institutions, private or public, of higher level, as well as pupils and
p.000065: teaching staff from secondary, technical and educational establishments
p.000065: base are organized by decree taken in the Government Council on the proposal of the
p.000065: Minister of Health.
p.000065: The regulations thus provided must in particular govern:
p.000065: - the attributions of the services;
p.000065: - the place they occupy within the general organization of the Ministry and the communities
p.000065: territorial;
p.000065: - the establishment of compulsory periodic medical examinations, subject to control and monitoring under
p.000065: the authority of the Ministry of Health;
p.000065: - the implementation of a policy to promote hygienic conditions, sanitation of
p.000065: university and school infrastructure and good, nutrition and food safety;
p.000065: - the enumeration of measures relating to the national health policy which should strengthen the programs
p.000065: measures, in particular for children, and in order to generate, within communities and families,
p.000065: behavioral changes with regard to compliance with collective hygiene rules;
p.000065: - the vaccination obligation for all children, before admission to a school;
p.000065: - the obligation for all students to meet the vaccinations declared compulsory during schooling.
p.000065: Article 276.- The Minister of Health is concerned with respecting the norms and standards of
p.000065: "Health school".
p.000065: The regulations thus provided must in particular govern:
p.000065: - the installation of norms and standards in school health, whether at service level
p.000065: medical than at school and university level;
p.000065: - monitoring their effective application at all levels;
...

Searching for indicator schooling:

(return to top)
p.000064: narcotics and related drugs.
p.000065: 65
p.000065: TITLE III
p.000065: SCHOOL AND UNIVERSITY HEALTH
p.000065: Article 275.- Medical services concerned with the health of university students,
p.000065: grandes écoles and other institutions, private or public, of higher level, as well as pupils and
p.000065: teaching staff from secondary, technical and educational establishments
p.000065: base are organized by decree taken in the Government Council on the proposal of the
p.000065: Minister of Health.
p.000065: The regulations thus provided must in particular govern:
p.000065: - the attributions of the services;
p.000065: - the place they occupy within the general organization of the Ministry and the communities
p.000065: territorial;
p.000065: - the establishment of compulsory periodic medical examinations, subject to control and monitoring under
p.000065: the authority of the Ministry of Health;
p.000065: - the implementation of a policy to promote hygienic conditions, sanitation of
p.000065: university and school infrastructure and good, nutrition and food safety;
p.000065: - the enumeration of measures relating to the national health policy which should strengthen the programs
p.000065: measures, in particular for children, and in order to generate, within communities and families,
p.000065: behavioral changes with regard to compliance with collective hygiene rules;
p.000065: - the vaccination obligation for all children, before admission to a school;
p.000065: - the obligation for all students to meet the vaccinations declared compulsory during schooling.
p.000065: Article 276.- The Minister of Health is concerned with respecting the norms and standards of
p.000065: "Health school".
p.000065: The regulations thus provided must in particular govern:
p.000065: - the installation of norms and standards in school health, whether at service level
p.000065: medical than at school and university level;
p.000065: - monitoring their effective application at all levels;
p.000065: - the participation of the Hygiene and Health Committee in the establishment of the components of "the school
p.000065: health ”for sustainability;
p.000065: - monitoring their effective application in schools.
p.000065: The terms of implementation and application of the previous two articles must be specified by
p.000065: regulatory route.
p.000065: TITLE IV
p.000065: PROTECTION OF THE FAMILY AND SOCIAL RIGHTS OF THE CHILD
p.000065: Article 277.- In addition to the provisions of Law No. 2007-023 of August 20, 2007 on the rights and protection of children,
p.000065: from birth, every child has the right to civil registration.
p.000065: Without prejudice to the provisions of Law No. 61-025 of October 9, 1961, as amended by Law No. 90-015 of July 1990
p.000065: relating to civil status acts, deliveries attended by doctors and midwives
p.000065: obligation to the latter, from the birth of the child or failing this, within a period not exceeding twelve days from
p.000065: from birth, to send a certificate to the registrar of the place of delivery
...

Social / embryo

Searching for indicator embryo:

(return to top)
p.000063: - prenuptial consultation;
p.000063: - education in family life.
p.000063: Article 271 bis.- Human beings and their environment must be protected against abuse in matters of procreation
p.000063: medically assisted and genetic engineering.
p.000063: The State, through the Ministry of Health, legislates on the use of germinal and genetic heritage
p.000063: human. In doing so, it ensures the protection of human dignity, of the person and of the family and
p.000063: respects in particular the following principles:
p.000063: - any form of cloning and any intervention in the genetic heritage of gametes and embryos
p.000063: humans are prohibited;
p.000063: - the non-human genetic and germinal heritage can neither be transferred to the human germinal heritage nor
p.000063: merged with it;
p.000063: - the use of medically assisted procreation methods is only authorized when sterility or the danger of
p.000063: transmission of a serious illness cannot be ruled out in any other way, not to develop in the child
p.000063: certain qualities or for any purpose of eugenics as well as to satisfy research;
p.000064: 64
p.000064: - fertilization of human eggs outside the woman's body is only authorized under the conditions provided by law;
p.000064: only the number of human eggs can be developed outside the female body up to the embryo stage
p.000064: can be immediately implemented;
p.000064: - embryo donation and all forms of surrogacy are prohibited;
p.000064: - human germinal material or products resulting from embryos cannot be traded;
p.000064: - a person's genetic heritage can only be analyzed, recorded and communicated with the consent of
p.000064: this or by law;
p.000064: - everyone has access to data relating to their ancestry.
p.000064: TITLE II
p.000064: CHILD HEALTH PROTECTION
p.000064: Article 272.- Under the coordination of the Ministry of Health, actions
p.000064: multisectoral whose vocation is to fight against:
p.000064: • malnutrition of mother and child;
p.000064: • lack of food and economic security at the household level;
p.000064: • micronutrient deficiencies (iodine deficiency disorders, vitamin deficiency and anemia
p.000064: ferriprive), contribute to the implementation of the National Nutrition Policy or PNN adopted by
p.000064: regulatory.
p.000064: This policy includes interventions or strategies such as breastfeeding promotion
p.000064: breastfeeding and complementary food, nutrition intervention at community level,
p.000064: the integration of nutritional interventions into primary health care, the care of children severely
p.000064: malnourished, the school nutrition intervention, a national food and nutrition surveillance system.
p.000064: Article 273.- The Minister of Health collaborates closely with the others
p.000064: ministerial departments concerned.
...

Social / genetic heritage

Searching for indicator genetic heritage:

(return to top)
p.000063: contraceptives and the advertising of which they are the subject must be carried out jointly by the above Ministries
p.000063: mentioned to which is added the Ministry of Justice.
p.000063: CHAPTER III
p.000063: ADOLESCENT AND YOUNG REPRODUCTIVE HEALTH
p.000063: Article 270.- Organizations offering health services targeting people aged ten to nineteen,
p.000063: say adolescent girls, as well as those aged fifteen to twenty four, say young people, have the duty to
p.000063: make available to them appropriate information for the promotion of sexual behavior
p.000063: safe and responsible.
p.000063: CHAPTER IV
p.000063: MEDICALLY ASSISTED PROCREATION AND GENETIC ENGINEERING
p.000063: Article 271.- Special health establishments accessible to adolescents and young people are authorized to
p.000063: offer services of:
p.000063: - prevention and treatment of infections of the genital and urinary tracts including Sexually Infections
p.000063: Transferable; as well as medical and surgical complications related to induced abortions,
p.000063: early pregnancies, and unwanted or unwanted pregnancies resulting from acts of violence or others;
p.000063: - prevention and treatment of infertility;
p.000063: - prenuptial consultation;
p.000063: - education in family life.
p.000063: Article 271 bis.- Human beings and their environment must be protected against abuse in matters of procreation
p.000063: medically assisted and genetic engineering.
p.000063: The State, through the Ministry of Health, legislates on the use of germinal and genetic heritage
p.000063: human. In doing so, it ensures the protection of human dignity, of the person and of the family and
p.000063: respects in particular the following principles:
p.000063: - any form of cloning and any intervention in the genetic heritage of gametes and embryos
p.000063: humans are prohibited;
p.000063: - the non-human genetic and germinal heritage can neither be transferred to the human germinal heritage nor
p.000063: merged with it;
p.000063: - the use of medically assisted procreation methods is only authorized when sterility or the danger of
p.000063: transmission of a serious illness cannot be ruled out in any other way, not to develop in the child
p.000063: certain qualities or for any purpose of eugenics as well as to satisfy research;
p.000064: 64
p.000064: - fertilization of human eggs outside the woman's body is only authorized under the conditions provided by law;
p.000064: only the number of human eggs can be developed outside the female body up to the embryo stage
p.000064: can be immediately implemented;
p.000064: - embryo donation and all forms of surrogacy are prohibited;
p.000064: - human germinal material or products resulting from embryos cannot be traded;
p.000064: - a person's genetic heritage can only be analyzed, recorded and communicated with the consent of
p.000064: this or by law;
p.000064: - everyone has access to data relating to their ancestry.
p.000064: TITLE II
p.000064: CHILD HEALTH PROTECTION
p.000064: Article 272.- Under the coordination of the Ministry of Health, actions
p.000064: multisectoral whose vocation is to fight against:
p.000064: • malnutrition of mother and child;
p.000064: • lack of food and economic security at the household level;
p.000064: • micronutrient deficiencies (iodine deficiency disorders, vitamin deficiency and anemia
p.000064: ferriprive), contribute to the implementation of the National Nutrition Policy or PNN adopted by
p.000064: regulatory.
p.000064: This policy includes interventions or strategies such as breastfeeding promotion
p.000064: breastfeeding and complementary food, nutrition intervention at community level,
p.000064: the integration of nutritional interventions into primary health care, the care of children severely
p.000064: malnourished, the school nutrition intervention, a national food and nutrition surveillance system.
p.000064: Article 273.- The Minister of Health collaborates closely with the others
p.000064: ministerial departments concerned.
p.000064: In partnership with various national or international organizations, it implements the IMCI (Support
p.000064: Integrated Charge of Childhood Illness).
...

Social / philosophical differences/differences of opinion

Searching for indicator opinion:

(return to top)
p.000006: 1999 on the definition of Public Establishments and rules concerning the creation of categories
p.000006: of Public Establishments and its regulatory texts of application. The Reference Hospital Centers of
p.000006: District retain their status as attached services placed under administrative, technical and
p.000006: of the Ministry of Health.
p.000007: 7
p.000007: Article 15.- The supply of care in the private sector is organized by:
p.000007: - basic private health units which include nursing stations, birthing stations,
p.000007: medical offices, private dispensaries, private health centers;
p.000007: - Private hospitals which are clinics, polyclinics, hospitals
p.000007: private. The clinic is an establishment where only one medical specialty is practiced. The polyclinic
p.000007: and the private hospital are establishments where several medical specialties are practiced. They are
p.000007: classified as for-profit private hospitals or non-profit private hospitals,
p.000007: whose technical supervision is exercised by the Ministry of Health.
p.000007: Article 16.- The proposal to create or suspend a hospital, a hospice, a maternity, a
p.000007: delivery station, dispensary or other healthcare facility, cannot be decided by the authority
p.000007: administration on which the establishment depends only after approval by the Minister of Health, on the advice of the
p.000007: Commission responsible for opening and closing public and private healthcare establishments.
p.000007: Where necessary, a regulatory text fixes the organization and the functioning of the Commission.
p.000007: The private opening of a dispensary, a clinic, a birthing center, a hospital
p.000007: psychiatric or hospice is subject to prior authorization from the Minister of Health, after
p.000007: Commission opinion cited.
p.000007: Are subject to the authorization of the Ministry of Health:
p.000007: - creation ;
p.000007: - the extension;
p.000007: - retraining;
p.000007: - total or partial removal;
p.000007: - the grouping of all private Health Training.
p.000007: Article 17.- In accordance with the legislation in preparation on Information Technologies and
p.000007: of Communication (NTIC), new, legislative and regulatory provisions must be
p.000007: taken at the behest of the Minister of Health regarding Telemedicine.
p.000007: These provisions must include all the instructions useful for the proper functioning of the transmission by
p.000007: Information and Communication Technologies of medical information in order to obtain
p.000007: distance a diagnosis, a specialized opinion, the follow-up of a patient or a therapeutic decision. They must
p.000007: in addition, provide for the establishment of an information and communication technology control body
p.000007: in the health field and ensure respect for medical confidentiality.
p.000007: FIRST BOOK
p.000007: GENERAL PROTECTION OF HEALTH
p.000007: Article 18.- This Code defines, by updating them, the fundamental principles which govern, in the
p.000007: framework of the National Health Policy, general sanitary and hygienic measures developing and improving
p.000007: population access to health services, protecting them against disease and strengthening the establishment and
p.000007: the organization of structures intended to implement action programs in all areas
p.000007: health.
p.000007: It brings together in a coherent and unique instrument the essential rules concerning the professions
p.000007: medical, paramedical and pharmacists.
p.000008: 8
p.000008: FIRST TITLE
p.000008: GENERAL SANITARY AND HYGIENE MEASURES APPLICABLE ON THE NATIONAL TERRITORY
p.000008: Article 19.- The sanitary and hygienic measures imposed on the National Territory as well as
p.000008: procedures and the sanctions which ensure their application result:
p.000008: - International Conventions, Declarations or Treaties, the provisions of which
p.000008: sanitary matters bind the Republic of Madagascar in accordance with the rules of Public International Law;
p.000008: - the implementation of this Code and its legislative or regulatory texts of application;
p.000008: - laws and regulations applicable in the National Territory and which include health measures and
p.000008: hygiene.
p.000008: FIRST CHAPTER
p.000008: HEALTH REGULATIONS
...

p.000008: communicable diseases in general;
p.000008: 2- the effective measures to be implemented in the event of the threat of epidemic or diarrheal diseases, including
p.000008: cholera ;
p.000008: 3- the protection of foodstuffs as well as the precautions to be taken for their sale in the
p.000008: conditions which are necessary in order to preserve the health of consumers;
p.000008: 4- disinfection or destruction of objects used by the sick or which have been soiled by them and
p.000008: generally, objects that can carry contagion.
p.000008: Article 22.- The health regulations must also include:
p.000008: 1- the prescriptions intended for the healthiness of all residential buildings or not, farms and their
p.000008: outbuildings, private roads, closed or not at their ends, irrigation and drainage channels,
p.000008: leased accommodation, hotels and restaurants;
p.000008: 2- the regulations relating to the healthiness of agglomerations;
p.000008: 3- prescriptions relating to the supply of drinking water and the monitoring of wells and
p.000008: wash houses;
p.000008: 4- the prescriptions concerning the used materials as well as the conditions which must satisfy the pits
p.000008: of ease;
p.000008: 5- prescriptions relating to the healthiness of school and university environments;
p.000008: 6- the prescriptions relating to the protection of the population against health risks linked to
p.000008: the environment including those related to healthcare waste.
p.000008: Article 23.- At the level of the Communes, the Mayor takes, on a participative proposal from the Fokontany, after
p.000008: opinion of the Municipal or Municipal Council, of the Decrees having for object such particular provisions as it
p.000008: deems useful without prejudice to international health regulations or
p.000009: 9
p.000009: provisions of this Code with a view to ensuring the protection of health within the
p.000009: constituency of its municipality.
p.000009: Section 2
p.000009: Fighting epidemics through preventive measures
p.000009: Article 24.- In the event of a determined threat of epidemic, generally in a region or locality recognized as being at high risk of
p.000009: spread of the disease, the Minister of Health may order, by Order, the requisition of stocks of
p.000009: vaccines against the epidemic in Regions with supply centers, whether public or
p.000009: private.
p.000009: The conditions under which the requisition must be executed are specified in the abovementioned regulatory text.
p.000009: In order to prevent the spread of communicable diseases, the following measures should be taken:
p.000009: - a list of contagious diseases to which the provisions of this section are applicable is
p.000009: drawn up by the Ministry of Health, by regulatory means;
p.000009: - contagious diseases are the subject of a compulsory declaration drawn up by texts
p.000009: regulations. This list can be modified or supplemented in the same forms;
p.000009: - are the subject of a compulsory declaration of data to the health authority by the professionals of
p.000009: health, public or private and those in charge of public or private medical biology analysis laboratories
p.000009: :
p.000009: • diseases that require urgent localized intervention;
...

p.000015: 15
p.000015: CHAPTER III
p.000015: HOUSING HEALTH
p.000015: Article 52.- All places, constructions, buildings, agglomerations, villages and districts in rural areas having for
p.000015: purpose of housing and for this purpose, to be provided with collective equipment and infrastructure
p.000015: sanitation and sanitation facilities that comply with the regulations relating to household hygiene must
p.000015: the subject of constant concern from public authorities so that:
p.000015: - the provisions of the texts in force establishing the Code of Town Planning and Housing;
p.000015: - the provisions of Law No. 98-029 of January 20, 1999 on the Water Code;
p.000015: - the provisions of the implementing texts of the above-mentioned law;
p.000015: - the provisions of health regulations at the international level, at the national level and at that of the Communities
p.000015: Decentralized territories.
p.000015: Section 1
p.000015: Building sanitation
p.000015: Article 53.- Without prejudice to the provisions of the Town Planning and Housing Code on sanitary and
p.000015: security relating to constructions, when a building, whether built or not, adjoining or not on the public highway, constitutes,
p.000015: either by himself or by the conditions under which he is occupied, a threat or danger to the health of
p.000015: occupants and neighbors, the Mayor, or failing this, the regulatory authority, referred to by a reasoned report from the authority
p.000015: sanitary or Municipal Hygiene Office concluding with the danger presented or the unsanitary conditions of all or part of
p.000015: the building, is required to invite the Municipal Committee of Hygiene and Health interested to give its opinion in
p.000015: a period of two (02) months:
p.000015: 1- on the reality and the causes of unsanitary conditions; 2- on the own measures to remedy it.
p.000015: In the event that the reality of the danger or insanitary conditions and the impossibility of remedying it have been established, the Mayor
p.000015: or, failing this, the supervisory authority, is bound, within one (1) month to pronounce by Order
p.000015: the definitive ban on living. The Order must specify whether the final ban is immediate or applicable to
p.000015: departure of occupants within a specified period.
p.000015: Article 54.- In the event that the possibility of remedying the danger or insanitary conditions has been established, the
p.000015: Mayor or, failing this, the supervisory authority is required, within one (1) month to prescribe by Order the measures
p.000015: appropriate requirements, as well as the turnaround time.
p.000015: The temporary ban on living may be ordered by the competent authority. However, it will end as soon as it
p.000015: will be found that the measures prescribed by the Mayor or the health authority have been carried out.
p.000015: Article 55.- Any occupant of an insanitary building which has been the subject of a Final Prohibition Order or
p.000015: temporary living and who did not comply with the said Order may be subject to eviction
p.000015: pronounced at the request of the authority referred to in article 53 by Order of the judge in summary proceedings.
p.000015: In case of emergency or serious danger and after a report by the skilled person on the state of the building,
...

p.000016: For this purpose, no construction may be built on the areas initially intended to serve as public roads
p.000016: and lined with sewage disposal systems.
p.000016: Article 58.- In the cities where the separation system is adapted, two different pipes may be imposed.
p.000016: The water and materials will be discharged in such a condition that they cannot cause any nuisance.
p.000016: The same arrangement will be made:
p.000016: - for any old building, during heavy repairs;
p.000016: - for all buildings without a cesspit or fitted with a non-waterproof pit or installed in
p.000016: conditions contrary to the prescriptions of the health regulations;
p.000016: - for all buildings already attached to the rainwater pipes for wastewater.
p.000016: Article 59.- If the owner fails to comply with the obligations imposed by the previous article, the
p.000016: taxes that cities are authorized to collect on complaints from the owners of sewage roads, are
p.000016: increased by 50% from the time the connection was made, at the expense of the recalcitrant owner.
p.000016: In addition, the normal connection can be made automatically by the Mayor in the forms and under the conditions
p.000016: enacted by Section I of Chapter III of this First Book.
p.000016: Article 60.- The Communes may, with a view to facilitating their sanitation or their development, cause
p.000016: the declaration of unsanitary conditions in a building or a group of buildings, especially in the event of a threat presented
p.000016: by the building or group of buildings for the life of the occupants and residents.
p.000016: The unhealthiness or the threat indicated by an opinion of the Office of Hygiene or the Committee of Hygiene and Health is denounced by
p.000016: a deliberation of the Municipal Council concerned, supported by a plot plan of the buildings with the indication of
p.000016: names of owners, as they appear in the role matrix and, if applicable, on a project
p.000016: development.
p.000016: A decree issued by the Council of Government sets the terms for applying this article.
p.000016: Article 61.- When during a determined period according to the registered causes or on the occasion of a
p.000016: sudden change in the demographic curve, the number of deaths in a municipality has exceeded the figure of
p.000016: average mortality, the municipal authorities are required to entrust the Hygiene and Health Committee with the task of
p.000016: carry out or have carried out an inquiry into the sanitary conditions of the Commune.
p.000017: 17
p.000017: If this investigation establishes that the sanitary state of the Commune requires work
p.000017: sanitation, especially that it does not have good quality and sufficient drinking water, or that
p.000017: the waters remain stagnant, creating dangers or inconveniences for health, safety and
p.000017: health, the administrative authority concerned, after a formal notice to the Municipality not followed up on, invites the
p.000017: Hygiene and Health Committee to deliberate on the usefulness and the nature of the work deemed necessary. The Mayor is put in
p.000017: remains to submit observations to the Hygiene and Health Committee.
p.000017: If the Hygiene and Health Committee issues an opinion unfavorable to the execution of the work or to the complaints made by
p.000017: the Municipality, the administrative authority transmits by hierarchy, the deliberation of the Health and
p.000017: Health to the Minister of Health who, if he deems it appropriate, submits the question to the National Hygiene Commission
p.000017: and Health. The latter may carry out or have carried out an investigation, the results of which will be made known.
p.000017: of the population by posting or by any other means.
p.000017: Article 62.- On the advice of the National Hygiene and Health Commission, the authority
p.000017: administrative concerned puts the Municipality on notice to implement the project and to proceed with the works.
p.000017: If in the month following this formal notice, the Municipal Council has not committed to refer to it, or if within
p.000017: three (3) months, he did not take any measures for the execution of the work, the competent authority, under the
p.000017: prerogatives at its disposal, order these works by right and determine the conditions of execution.
p.000017: Article 63.- General regulations of the police and building hygiene as well as those
p.000017: relating to dangerous, unhealthy and inconvenient establishments are determined by decree taken in Council of
p.000017: Government.
p.000017: However, the laws or regulations in force governing these matters are applicable, in
p.000017: as necessary, in all their provisions not contrary to the Health Code.
p.000017: Section 3
p.000017: Rural healthiness
p.000017: Article 64.- In rural communities, it is up to the administrative and health authorities to ensure
...

p.000032: dosage form, method of administration, dosage, therapeutic indications,
p.000032: packaging, shelf life, labeling, delivery method and wholesale price excluding tax are
p.000032: defined, and for which a registration number is assigned.
p.000032: Any modification of any of these characteristics, with the exception of the price, must be subject to a new
p.000032: authorization.
p.000032: The Marketing Authorization is only issued to a drug whose effectiveness, interest
p.000032: therapeutic, safety under normal conditions of use and intrinsic quality are documented and proven
p.000032: or known.
p.000032: Any modification of the excipients, the manufacturing process or the place of manufacture must be reported to the agency of
p.000032: medicine from Madagascar.
p.000032: The sale of medical consumables, the list of which is fixed by order of the Minister of Health, is subject to
p.000032: the granting of a Marketing Authorization issued by the Madagascar Medicines Agency. The procedures
p.000032: registration will be specified by order of the Minister of Health. The Wager Authorization Request
p.000032: on the Market must be addressed to the Director of the Madagascar Medicines Agency, accompanied by
p.000032: payment of a fixed fee, the amount of which is determined by joint order of the Minister of Health and
p.000032: Minister of Finance and Budget.
p.000032: The terms and elements of the file to be submitted are specified in texts
p.000032: regulations.
p.000033: 33
p.000033: Article 116.- The decision granting or refusing the granting of a Marketing Authorization is taken in the
p.000033: maximum period of four (04) months from the filing of the request, by the Agency Director of
p.000033: Medicines of Madagascar, after opinion of the National Commission of Registration of Medicines whose
p.000033: composition and functioning are fixed by decision of the Minister of Health.
p.000033: The Director of the Madagascar Medicines Agency has the possibility of calling on independent experts
p.000033: chosen according to the products presented to the National Commission for the Registration of Medicines.
p.000033: The refusal of Marketing Authorization must be the subject of a reasoned decision.
p.000033: As necessary, the conditions for granting or withdrawing Marketing Authorization from
p.000033: drugs or other similar products will be the subject of regulatory texts.
p.000033: The Marketing Authorization is issued for a period of five years renewable by five-year period to
p.000033: the request of the authorization holder, three (3) months before the expiry date of the previous one
p.000033: authorization, if applicable.
p.000033: Article 117.- The holder of the Marketing Authorization is required to comply with the labeling,
p.000033: packaging and wording of the information notice issued by the Madagascar Medicines Agency.
p.000033: No Marketing Authorization will be given to a drug whose consumption or
p.000033: sale has been banned and has been withdrawn from the foreign market.
p.000033: The Madagascar Medicines Agency publishes the list of medicines authorized to be marketed on the
p.000033: territory of Madagascar, as well as the list of drugs withdrawn from the market. It also keeps up to date and
p.000033: publishes list of pharmaceutical and other drug dispensing establishments
p.000033: authorized to practice.
p.000033: Article 118.- Medicinal preparations,
p.000033: magistral preparations and preparations intended for the conduct of therapeutic trials.
...

p.000034: of valid Marketing in the country of provenance or in Madagascar, or a certificate
p.000034: established within the framework of the quality certification system of the World Health Organization,
p.000034: import authorization issued by the Madagascar Medicines Agency.
p.000034: A decree issued by the Government Council on the proposal of the Minister of Health, the provisions of which must
p.000034: comply with International Conventions, sets the regulations for drug donations.
p.000034: Section 2
p.000034: Clinical trials
p.000034: Article 122.- Clinical trial of a drug means any research or any experimentation
p.000034: carried out for the purpose:
p.000034: 1. Obtain a Marketing Authorization;
p.000034: 2. expand the therapeutic indications for an already authorized drug;
p.000034: 3. demonstrate its bio-availability.
p.000034: Any clinical trial must be conducted in strict compliance with a study protocol, the objectives and
p.000034: methodology are clearly defined and which has been reviewed and approved by a Committee established for this purpose by
p.000034: Order of the Minister of Health: the Ethics Committee to the Ministry of Health on research
p.000034: biomedical involving humans.
p.000034: The composition, the nomination of the members, the attributions and the functioning of this Ethics Committee
p.000034: with the Minister of Health will be fixed by order of the Minister of Health.
p.000034: Any clinical trial must be subject to prior authorization by the Minister of Health after the Committee has given its opinion.
p.000034: Ethics.
p.000034: Clinical trials in the National Territory must be carried out according to the principles and guidelines
p.000034: good clinical practices of the World Health Organization, in accordance with the principles
p.000034: contained in the Declaration of Helsinki and the Guide for the use of members of the Ethics Committee to the
p.000034: Ministry of Health.
p.000034: Any unauthorized clinical trial, or one that has not strictly followed the study protocol approved by the Committee
p.000034: of ethics with the Ministry of Health, in accordance with the principles contained in the declaration
p.000034: of Helsinki and the Guide for use by members of the Ethics Committee with the Ministry responsible for
p.000034: Health, is classified as a dangerous experiment with obvious risk and engages the civil and criminal responsibility of
p.000034: his author.
p.000034: Section 3
p.000034: Pharmacovigilance
p.000034: Article 123.- “Pharmacovigilance” means the science and activities relating to detection,
p.000034: assessment, understanding and prevention of adverse effects or any other related problem
p.000034: to medicines or health products placed on the market, whether for a fee or free of charge, whether this risk is
p.000034: potential or proven. It also includes all centralization, control operations
...

p.000041: replacement of the responsible Pharmacist initially concerned, in the name of the responsible Pharmacist successor.
p.000041: Article 157.- The responsible pharmacist working in an establishment manufacturing or preparing
p.000041: drugs and similar products must meet the conditions listed in article 155 concerning exercise
p.000041: of the pharmacist profession. Pharmacist responsible for a pharmaceutical industry must be in possession
p.000041: an industrial pharmacist diploma or a pharmacist diploma and a minimum of three years of experience
p.000041: recent in a pharmaceutical manufacturing facility.
p.000041: The responsible pharmacist supervises the activities of all other qualified persons in the establishment and
p.000041: determines their functions and attributions.
p.000041: The responsible pharmacist applies the principles and guidelines related to the correct
p.000041: manufacturing, distribution, promotion and advertising practices recognized by the Malagasy State.
p.000041: Article 158.- Any pharmacist registered on the Roll of the Order is subject to the prescriptions of the Ethics of the
p.000041: pharmacist, and in particular to the provisions of the texts in force in terms of ethics of Pharmacists.
p.000041: All pharmacists must exercise their profession personally. The use of a pseudonym for the exercise of
p.000041: the profession of pharmacist is prohibited. His diploma can only be registered for one establishment.
p.000041: A pharmaceutical establishment can only remain open in the absence of the Pharmacist if this is done regularly
p.000041: replace. The replacement procedures and the procedures to be followed which require the opinion of the Council of
p.000041: the Order, are set by Order of the Minister of Health.
p.000041: Article 159.- Any pharmacist wishing to stop working must inform the Minister responsible for Health and the
p.000041: National Council of the College of Pharmacists.
p.000041: Any pharmacist who has interrupted his activity and who wishes to resume it is subject to the required conditions
p.000041: in article 155 of this Code.
p.000041: Article 160.- The assistant pharmacist performs functions under the responsibility of the licensed pharmacist or
p.000041: the pharmacist in charge of the pharmaceutical establishment.
p.000041: The assistant pharmacist, to exercise the profession of pharmacist is subject to the conditions required in article 155 of the
p.000041: this Code.
p.000041: Article 161.- Any pharmacist is authorized to have his dispensary helped by one or more qualified persons
p.000041: whose training is entirely the responsibility of the licensed pharmacist.
p.000042: 42
p.000042: They assume their tasks under the responsibility and the effective control of a pharmacist, their criminal responsibility
p.000042: remaining committed.
p.000042: Article 162.- No pharmacist may be assisted by a doctor in his dispensary, at any
p.000042: title whatever.
p.000042: Article 163.- Any agreement under which a pharmacist assures a medical practitioner is prohibited,
p.000042: to a dentist or midwife, a profit of any kind on the sale of products
p.000042: pharmaceutical, medicinal or hygienic that they may prescribe.
p.000042: The creation of companies or associations is prohibited, the purpose or activity of which is to research,
p.000042: encourage, facilitate, distribute or collect, for themselves or on behalf of third parties, interest
p.000042: or discounts in connection with the prescription or dispensing of medicines and pharmacy items.
...

p.000043: Article 166.- An order of the Minister of Health determines the conditions required, the composition of the
p.000043: dossier as well as the criteria specific to each type of pharmaceutical establishment and their location
p.000043: of implantation on the National Territory.
p.000043: The authorization request is sent to the Minister of Health by the pharmacist already responsible
p.000043: designated. It gives rise to the collection of a fixed fee, the amount of which is determined by joint decree of the Minister
p.000043: responsible for Health and the Minister responsible for Finance and Budget.
p.000043: Article 167.- Authorization is granted by the Minister of Health after consulting the Council of
p.000043: the National Order of Pharmacists. It is granted or refused within three (3) months of the filing of the
p.000043: authorization request. The refusal of authorization must be justified.
p.000043: The authorization to open and operate a pharmaceutical establishment is granted for a period
p.000043: indefinite.
p.000043: Article 168.- The opening and operation of any pharmaceutical establishment manufacturing, distributing
p.000043: wholesale and import are subject to the effective practice of a Responsible Pharmacist.
p.000043: Article 169.- Any pharmaceutical establishment manufacturing, distributing, dispensing and
p.000043: of sale is subject to inspection by pharmacist-inspectors under the authority of the Medicines Agency of
p.000043: Madagascar.
p.000043: However, medical inspectors and district health chiefs can inspect the depots of medicines
p.000043: of their constituency.
p.000043: Article 170.- In the interest of public health, the Minister of Health may, upon report and
p.000043: opinion of a pharmacist-inspector and after opinion of the Council of the National Order of Pharmacists, order
p.000043: any time the temporary closure of a pharmaceutical establishment for a period of three (03) months maximum if
p.000043: the conditions linked to the grant are no longer met.
p.000043: After a written notice remained ineffective at the end of the period granted, the Minister of Health
p.000043: may, on the proposal of the Madagascar Medicines Agency or the Directorate for the Management of
p.000043: Health, Laboratory and Traditional Medicine (DGILMT) inputs, revoke the authorization.
p.000043: The decision to temporarily or permanently withdraw the authorization to open and operate an establishment
p.000043: must be motivated.
p.000043: Article 171.- Any substantial modification of the initial conditions of installations, equipment or
p.000043: of the organization of the establishment must also be authorized by the Minister of Health, according to the
p.000043: same procedure as that provided for in article 163 of this Code.
p.000043: Article 172.- The cessation of the activities of a pharmaceutical establishment which has been the subject of an authorization must
p.000043: be notified to the Minister of Health at least three (3) months before the date scheduled for said termination and must
p.000043: be made known to the public by insertion in the Official Journal of the Republic.
p.000043: Article 173.- Any establishment manufacturing, wholesaling and dispensing medicines has
p.000043: the obligation to have a copy of the pharmaceutical legislation in force and a copy of the Code of
p.000043: ethics of pharmacists.
p.000044: 44
p.000044: CHAPTER II
p.000044: OFFICER PHARMACIES
p.000044: Article 174.- By pharmacy is meant the establishment exclusively dedicated to dispensing to the public
...

p.000057: the individual’s state of health and is prohibited. Checking the state of health of a worker requested
p.000057: by the employer is limited to the right to certification by doctors approved for this purpose, to specify in which
p.000057: measures the state of health of a worker is free, or affected by disabling or mode related diseases
p.000057: of life having an impact on professional capacity.
p.000057: Article 242.- Without prejudice to the provisions of the International Health Regulations, actions on
p.000057: disembarking travelers, carried out by the Charges of control at the Borders of Madagascar, to know if a
p.000057: individual is yes or no carrying a sexually transmitted infection, are prohibited for violation of the rights of
p.000057: people with the confidentiality of their state of health.
p.000057: Article 243.- Without prejudice to the provisions of the International Health Regulations, except in the case of repatriation or
p.000057: case of medical evacuation in Madagascar, the observation of a manifest state of illness in a traveler entering
p.000057: Madagascar, authorizes a medical check-up by the Border Health Services.
p.000057: Article 244.- In the event of an indication of blood transfusion to a patient, whatever his assignment,
p.000057: blood transfusion with a specific examination to confirm its reassurance, is
p.000057: mandatory.
p.000057: Article 245.- The declaration of sexually transmitted diseases may be made compulsory by a
p.000057: decree issued on the proposal of the Minister of Health, after the opinion of the National Commission
p.000057: of Hygiene and Health.
p.000057: Article 246.- Notwithstanding the provisions of Law No. 2005-040 of February 20, 2006 on the fight against HIV / AIDS and
p.000057: the protection of the rights of people living with HIV / AIDS as well as those of its implementing texts, any
p.000057: persons engaged in prostitution must be identified and documented. Special surveillance measures should
p.000057: be taken towards them, without derogating from confidentiality obligations.
p.000057: TITLE VIII
p.000057: THE FIGHT AGAINST ENVIRONMENTAL-RELATED DISEASES
p.000057: Article 247.- Environmental diseases must be the subject of research and studies
p.000057: depth. Specific measures to protect human health, through the development of the Plan
p.000057: Operational in Health and Environment will have to be popularized and followed. Environmental indicators
p.000057: likely to cause effects on human health should be monitored and controlled. The
p.000057: organizational arrangements for monitoring, information, alert, investigation and response systems
p.000057: are set by decree taken by the Government Council on the proposal of the Minister of Health,
p.000057: following the recommendation of the Libreville Declaration. Any program, any plan, any project whose
p.000057: activities may harm human health must be the subject of Health Impact Assessments, in accordance with the text
p.000057: in force concerning the MECIE (Accounting for Investments with the Environment).
p.000058: 58
p.000058: BOOK V
p.000058: OF THE CONTROL OF NON-COMMUNICABLE DISEASES
...

Social / sex worker

Searching for indicator prostitution:

(return to top)
p.000057: disembarking travelers, carried out by the Charges of control at the Borders of Madagascar, to know if a
p.000057: individual is yes or no carrying a sexually transmitted infection, are prohibited for violation of the rights of
p.000057: people with the confidentiality of their state of health.
p.000057: Article 243.- Without prejudice to the provisions of the International Health Regulations, except in the case of repatriation or
p.000057: case of medical evacuation in Madagascar, the observation of a manifest state of illness in a traveler entering
p.000057: Madagascar, authorizes a medical check-up by the Border Health Services.
p.000057: Article 244.- In the event of an indication of blood transfusion to a patient, whatever his assignment,
p.000057: blood transfusion with a specific examination to confirm its reassurance, is
p.000057: mandatory.
p.000057: Article 245.- The declaration of sexually transmitted diseases may be made compulsory by a
p.000057: decree issued on the proposal of the Minister of Health, after the opinion of the National Commission
p.000057: of Hygiene and Health.
p.000057: Article 246.- Notwithstanding the provisions of Law No. 2005-040 of February 20, 2006 on the fight against HIV / AIDS and
p.000057: the protection of the rights of people living with HIV / AIDS as well as those of its implementing texts, any
p.000057: persons engaged in prostitution must be identified and documented. Special surveillance measures should
p.000057: be taken towards them, without derogating from confidentiality obligations.
p.000057: TITLE VIII
p.000057: THE FIGHT AGAINST ENVIRONMENTAL-RELATED DISEASES
p.000057: Article 247.- Environmental diseases must be the subject of research and studies
p.000057: depth. Specific measures to protect human health, through the development of the Plan
p.000057: Operational in Health and Environment will have to be popularized and followed. Environmental indicators
p.000057: likely to cause effects on human health should be monitored and controlled. The
p.000057: organizational arrangements for monitoring, information, alert, investigation and response systems
p.000057: are set by decree taken by the Government Council on the proposal of the Minister of Health,
p.000057: following the recommendation of the Libreville Declaration. Any program, any plan, any project whose
p.000057: activities may harm human health must be the subject of Health Impact Assessments, in accordance with the text
p.000057: in force concerning the MECIE (Accounting for Investments with the Environment).
p.000058: 58
p.000058: BOOK V
p.000058: OF THE CONTROL OF NON-COMMUNICABLE DISEASES
p.000058: FIRST TITLE
p.000058: LIFE-RELATED DISEASE MEASURES
p.000058: Article 248.- The State must provide for the needs of any citizen who, by reason of his age or his motor incapacity,
p.000058: sensory or mental, is unable to work, in particular by the institution of organisms to
p.000058: social characters.
...

Economic / Economic/Poverty

Searching for indicator poverty:

(return to top)
p.000001: 2. The measures which the States Parties to the present Covenant will take to ensure the full exercise of this right must
p.000001: understand the measures necessary to ensure:
p.000001: at. the decrease in stillbirth and infant mortality, as well as the development
p.000001: healthy child;
p.000001: b. improvement of all aspects of environmental and industrial hygiene;
p.000001: vs. the prophylaxis and treatment of epidemic, occupational and other diseases, as well as the fight against these
p.000001: diseases;
p.000001: d. the creation of conditions capable of providing all medical services and medical aid in the event of illness ”.
p.000001: 1
p.000001: On the National Plan
p.000001: The Constitution contains some provisions concerning the protection of the individual and his
p.000001: health.
p.000001: We can notably mention the provisions which stipulate that the "State recognizes and organizes at all
p.000001: individual the right to protection of his health from conception ", and also that" the State ensures the protection of
p.000001: family for its free development as well as that of the mother and the child by legislation and by
p.000001: appropriate social institutions ”.
p.000001: The Government is committed to achieving real and tangible development by giving priority to
p.000001: Transformational Reform Initiatives.
p.000001: Proceeding with the analysis of poverty, the Government mapped out the strategies and the various actions which
p.000001: lead to rapid economic growth, contribute to poverty reduction and enable
p.000001: countries to take advantage of the challenges of globalization, in line with the Millennium Development Goals.
p.000001: The National Health Policy strategies and projects include 8 commitments, aim
p.000001: essentially an effective reduction in poverty and a tangible improvement in the quality of life
p.000001: Malagasy.
p.000001: Concerning more particularly the Health / Population component, the Government has been constantly concerned
p.000001: to maintain the population in good health, that is to say in a complete state of physical, mental and
p.000001: social. Indeed, such a population can contribute to the development of the Nation and lead to
p.000001: long and fruitful lives. It thus constitutes the fundamental lever of development.
p.000001: We therefore understand that the Government, taking into account the latest available data on the state
p.000001: of the population and in particular of the most vulnerable social groups, defined the major
p.000001: lines of a health policy which includes in particular Health, Family Planning and the Fight against HIV / AIDS.
p.000001: The action program of the Health Sector has focused on eight (08) components which consist of:
p.000001: • ensuring the provision of quality health services to all;
p.000001: • eliminate the main communicable diseases;
p.000001: • win the fight against HIV / AIDS;
p.000001: • implement an effective family planning strategy;
p.000001: • reduce infant and child mortality;
p.000001: • reduce maternal and newborn mortality;
p.000001: • improve nutrition and food security;
p.000001: • supply the population with drinking water and generalize hygienic and sanitary practices.
...

General/Other / Impaired Autonomy

Searching for indicator autonomy:

(return to top)
p.000004: activities, in partnership with private organizations and Civil Society and in coherence with Communities
p.000004: Decentralized territories.
p.000004: FIRST TITLE OF INSTITUTIONS
p.000004: Article 2.- The organization of all medical and administrative services is fixed by decrees taken
p.000004: Council of Government on the proposal of the Minister of Health and possibly, by Decrees and
p.000004: Circulars issued for the application of these decrees.
p.000004: The organization and attributions of the various Councils and Commissions are fixed by decrees taken in
p.000004: Government Council on the proposal of the Minister of Health.
p.000004: Article 3.- The National Committee for Hygiene and Health, single body which replaced the Superior Committee for Hygiene
p.000004: and the National Hospital Organization Commission, will be the subject of a decree issued by the Government Council on
p.000004: proposal from the Minister of Health, strengthening its organization and specifying its composition, role and
p.000004: operation.
p.000004: The Hygiene and Health Committees which replaced the Provincial Hygiene Committees at scale
p.000004: regional or municipal are strengthened in their composition, their role and their functioning by
p.000004: Order of the Ministry of Health.
p.000004: TITLE II
p.000004: FROM THE MADAGASCAR MEDICINE AGENCY,
p.000004: AGENCIES AND CONTROL AND PRODUCTION UNITS
p.000004: Article 4.- Within the framework of the implementation of the National Pharmaceutical Policy, the Minister in charge of Health
p.000004: confers on "the Medicines Agency of Madagascar", Public Establishment of an administrative nature with the
p.000004: legal personality and financial autonomy, a mission to implement and control the quality of
p.000004: medicines in Madagascar.
p.000005: 5
p.000005: The establishment of the Madagascar Medicines Agency is fixed by decree taken in Council of
p.000005: Government on the proposal of the Minister of Health.
p.000005: Article 5.- The attributions of the Madagascar Medicines Agency, listed in Title IV
p.000005: of Book III of this Code have as their object:
p.000005: - to guarantee the independence, scientific competence and administrative efficiency of studies and
p.000005: controls relating to the manufacture, testing, therapeutic properties and use of drugs;
p.000005: - to ensure the health and safety of the population at the best cost;
p.000005: - to contribute to the development of industrial activities and pharmaceutical research;
p.000005: - to instruct the pharmacist inspectors placed under his authority to control the application of the
p.000005: legislation and regulations relating to medicines and the exercise of the profession of pharmacist.
p.000005: Article 6.- It is created within the Ministry in charge of Health a Health Security Control Agency and
p.000005: the Quality of Foodstuffs (ACSQDA).
p.000005: It is a Public Establishment of an administrative nature (EPA) endowed with legal personality and autonomy
p.000005: legal and financial.
p.000005: Article 7.- The Food Safety and Food Quality Control Agency has
p.000005: mission to protect the health of consumers by ensuring that food
p.000005: consumed, distributed, marketed or produced in Madagascar comply with national standards and
p.000005: international standards in force, in terms of food safety and hygiene.
p.000005: Article 8.- Any inspector of the Health Security and Food Quality Control Agency
p.000005: has the authority to act in accordance with the provisions of article 199 of this Code in the field of commodity control
p.000005: food and in case of food fraud.
p.000005: The organizational and operating procedures of the Health Security Control Agency and the
p.000005: Quality of Foodstuffs as well as those of its organs are fixed by decree taken by the Government Council
p.000005: on the proposal of the Minister of Health.
p.000005: Article 9.- A Production Unit is created within the Ministry responsible for Health and
p.000005: of Solid Solutes Supply.
p.000005: It is an Industrial and Commercial Public Establishment (EPIC) with legal personality and
p.000005: legal and financial autonomy.
p.000005: Article 10.- The Massive Solutes Production and Supply Unit is responsible for producing the solutes
p.000005: massive and para-pharmaceutical products such as disinfectants, antiseptics and
p.000005: to ensure the supply to the Health Facilities. This supply is intended, in
p.000005: priority, to meet the needs of public health establishments, and secondly, those of
p.000005: private health establishments.
p.000005: The terms of creation, organization and operation of this Production and Supply Unit
p.000005: Massive solutions as well as those of its organs are fixed by decree taken by the Government Council on a proposal from the
p.000005: Minister of Health.
p.000006: 6
p.000006: TITLE III
p.000006: CARE ESTABLISHMENTS
p.000006: Article 11.- Within the framework of the implementation of the Hospital Reform, it is created near the Minister in charge of
p.000006: Health a National Hospital Agency, having in particular the following missions:
p.000006: - steer the Hospital Reform and monitor its implementation;
p.000006: - be an Observatory for the implementation of the new statutes of the Establishments
p.000006: Public hospitals and related bodies;
p.000006: - be an Observatory of the hospital system for the analysis, monitoring and evaluation of establishments
p.000006: hospitalists in support of central management;
p.000006: - conduct design studies of the strategies to be developed;
p.000006: - give opinions at the request of the Minister of Health, especially on major policy issues
p.000006: national hospital.
p.000006: The statute of this National Hospital Agency, the composition and the modalities of designation of
p.000006: members, the attributions and the operating procedures are set by regulation.
p.000006: Article 12.- The organization of care in the public sector is structured on four levels:
...

p.000048: include a file proving that the manufacturer will comply with good manufacturing practices recognized by
p.000048: the Malagasy State.
p.000048: The operating license for a manufacturing establishment is issued by the Minister responsible for
p.000048: Health after joint advice from the Ministry of Trade, the Minister of the Environment and the Ministry
p.000048: charged with Water.
p.000048: The opening authorization indicates the pharmaceutical forms for which it is valid and the place of
p.000048: manufacturing.
p.000048: Article 196.- The holder of the authorization to open a manufacturing or production establishment
p.000048: pharmaceutical company must take all the necessary measures so that the responsible pharmacist can
p.000048: fully assume its mission and have it assisted as needed, under its responsibility, by others
p.000048: qualified persons, under the conditions laid down in the regulations.
p.000048: By qualified person is meant a pharmacist, a chemist or any other person whose scientific degrees and
p.000048: the experience is recognized by the Malagasy state.
p.000048: The responsible pharmacist is required to inform the Minister responsible for health of any disagreement which
p.000048: would oppose it to one of the different organs of the establishment with regard to the application of the rules laid down in
p.000048: the interest of public health.
p.000048: TITLE IV
p.000048: CONTROL BODIES
p.000048: FIRST CHAPTER
p.000048: FROM THE MADAGASCAR MEDICINE AGENCY
p.000048: Section 1
p.000048: General provisions
p.000048: Article 197.- In application of articles 4 and 5 of this Code within the framework of the implementation of the Policy
p.000048: National Pharmaceutical, the Minister of Health confers on a
p.000049: 49
p.000049: Public Establishment of an administrative nature endowed with legal personality and financial autonomy
p.000049: under the name "Madagascar Medicines Agency", an implementation and quality control mission
p.000049: medicines in Madagascar, to guarantee independence, scientific competence and efficiency
p.000049: administrative of studies and controls relating to manufacturing, tests, properties
p.000049: therapy and the use of medicines, with a view to ensuring the health and safety of
p.000049: population and to contribute to the development of industrial activities and pharmaceutical research.
p.000049: Article 198.- The Madagascar Medicines Agency is responsible in particular for:
p.000049: 1 ° - the registration of medicines for human use and other pharmaceutical products with a view to granting them a
p.000049: Marketing Authorization in Madagascar;
p.000049: 2 ° - the inspection of pharmaceutical establishments throughout the National Territory; 3 ° - to participate in
p.000049: the application of related laws and regulations:
p.000049: - clinical trials, manufacturing, import, marketing of drugs and others
p.000049: pharmaceutical products ;
p.000049: - narcotic, psychotropic and other poisonous substances used in medicine, as well
p.000049: than laboratory reagents;
p.000049: 4 ° - to collect and evaluate information on unexpected or toxic effects of drugs
p.000049: as well as on the abusive uses of psychoactive substances and to take any useful measure in the matter to
p.000049: preserve public health;
p.000049: 5 ° - to propose any measure contributing to the development of research and industrial activities in the
p.000049: drug sector, and thus promote complementarity between the public sectors and
p.000049: private;
p.000049: 6 ° - to coordinate and carry out the quality control of drugs through the national laboratory
p.000049: quality control;
...

General/Other / Incapacitated

Searching for indicator incapacity:

(return to top)
p.000057: persons engaged in prostitution must be identified and documented. Special surveillance measures should
p.000057: be taken towards them, without derogating from confidentiality obligations.
p.000057: TITLE VIII
p.000057: THE FIGHT AGAINST ENVIRONMENTAL-RELATED DISEASES
p.000057: Article 247.- Environmental diseases must be the subject of research and studies
p.000057: depth. Specific measures to protect human health, through the development of the Plan
p.000057: Operational in Health and Environment will have to be popularized and followed. Environmental indicators
p.000057: likely to cause effects on human health should be monitored and controlled. The
p.000057: organizational arrangements for monitoring, information, alert, investigation and response systems
p.000057: are set by decree taken by the Government Council on the proposal of the Minister of Health,
p.000057: following the recommendation of the Libreville Declaration. Any program, any plan, any project whose
p.000057: activities may harm human health must be the subject of Health Impact Assessments, in accordance with the text
p.000057: in force concerning the MECIE (Accounting for Investments with the Environment).
p.000058: 58
p.000058: BOOK V
p.000058: OF THE CONTROL OF NON-COMMUNICABLE DISEASES
p.000058: FIRST TITLE
p.000058: LIFE-RELATED DISEASE MEASURES
p.000058: Article 248.- The State must provide for the needs of any citizen who, by reason of his age or his motor incapacity,
p.000058: sensory or mental, is unable to work, in particular by the institution of organisms to
p.000058: social characters.
p.000058: Article 248 bis.- The Law provides for measures to eliminate the inequalities affecting people with disabilities.
p.000058: The duration and working conditions must not affect the health or the dignity of the worker.
p.000058: Article 249.- The list of diseases to which these provisions apply as well as the measures for
p.000058: fight against chronic and disabling diseases are determined by regulatory texts taken by the
p.000058: Minister of Health. This list can be modified under the same conditions as above depending on
p.000058: possible new forms of disease.
p.000058: Article 250.- The implementation, in all fields, of the promotion of the prevention of chronic diseases not
p.000058: transmissible is set by regulatory texts from the Ministry of Health.
p.000058: Article 251.- Pursuant to Law No. 97-044 of February 2, 1998 on the disabled and
p.000058: subsequent texts, the organization and care arrangements for people with disabilities in the
p.000058: Community-based rehabilitation frameworks are set by regulation.
p.000058: Article 252.- The associations for the fight against chronic and disabling diseases provide assistance to the sick and
p.000058: their families and participate in the organization of awareness campaigns on the subject. The organization and
p.000058: the functioning of these associations are fixed by order of the Minister of Health.
p.000058: In particular, measures to prevent trauma and violence must be implemented, in particular
...

p.000081: BOOK X
p.000081: MISCELLANEOUS AND TRANSITIONAL PROVISIONS
p.000081: Article 354.- The minutes of infringements of the provisions of this Code are sent:
p.000082: 82
p.000082: - by doctors or pharmacists invested by this Code of inspection powers and
p.000082: participating in this capacity in the judicial police within the limits of their powers;
p.000082: - by the competent administrative authorities at regional level;
p.000082: - by officials such as market controllers or hygiene inspectors,
p.000082: municipal architects and all other agents authorized by the Ministry of Health, having regard to
p.000082: the functions they exercise or their technical competence.
p.000082: Members of the Police and Gendarmerie personnel who are qualified as officers or
p.000082: judicial police are empowered to draw up these minutes as part of their normal powers they
p.000082: are from the Code of Criminal Procedure.
p.000082: Article 355.- Given the effective existence of separate specialized training units for doctors,
p.000082: dentists and pharmacists, and unless exceptional authorization has been granted by the Minister
p.000082: in charge of Health, each member of one of the medical, pharmacist or dentist-dentist must exercise their art
p.000082: within the limits of the training he has received and the capacities conferred on him by the diplomas he holds.
p.000082: The exceptional authorization which he receives from the supervisory Ministry can only be justified by the existence or
p.000082: the temporary incapacity of a member of a body whose art can be exercised by a member of another body,
p.000082: and this, while respecting everyone's right to have access to medical care or medication.
p.000082: The procedures for applying this article are specified by regulation.
p.000082: Article 356.- On pain of nullity of the acts of finding, the authorities or agents empowered to perform them
p.000082: must be sworn.
p.000082: Article 357.- The inspecting doctors, the doctors in charge of health facilities, fixed or mobile, the doctors
p.000082: heads of health offices may be required by administrative authorities for the
p.000082: finding of breaches as an expert.
p.000082: Article 358.- As a transitional measure, changes concerning the distribution as well as the name, the
p.000082: field of activity, the territorial limits of Hospital Establishments and Care Centers,
p.000082: Reference for first and second appeals are set:
p.000082: - either by decree implementing this law establishing the Health Code;
p.000082: - either by any regulatory text fixing the attributions of the Minister in charge of Health as well as
p.000082: the general organization of his Ministry.
p.000082: As a temporary measure, in this Code, the distribution and the name, the field of activities and
p.000082: the above-mentioned territorial limits remain unchanged. The same is true for the current denomination of
p.000082: existing institutions within the Ministry of Health.
p.000082: Article 359.- All provisions prior to those of this law, in particular those of Ordinance No. 62-072
p.000082: of September 29, 1962 and those of its amending texts, are and remain repealed.
p.000083: 83
p.000083: Article 360.- In accordance with the provisions of article 4 of ordinance n ° 62-041 of September 19, 1962 relating to
...

General/Other / Public Emergency

Searching for indicator emergency:

(return to top)
p.000006: - steer the Hospital Reform and monitor its implementation;
p.000006: - be an Observatory for the implementation of the new statutes of the Establishments
p.000006: Public hospitals and related bodies;
p.000006: - be an Observatory of the hospital system for the analysis, monitoring and evaluation of establishments
p.000006: hospitalists in support of central management;
p.000006: - conduct design studies of the strategies to be developed;
p.000006: - give opinions at the request of the Minister of Health, especially on major policy issues
p.000006: national hospital.
p.000006: The statute of this National Hospital Agency, the composition and the modalities of designation of
p.000006: members, the attributions and the operating procedures are set by regulation.
p.000006: Article 12.- The organization of care in the public sector is structured on four levels:
p.000006: - basic health training for first contacts: Basic Health Centers level 1 and level 2
p.000006: (CSB1 and CSB2);
p.000006: - District Reference Hospital Centers (CHRD);
p.000006: - Regional Reference Hospital Centers (CHRR);
p.000006: - University Hospital Centers (CHU).
p.000006: The first level of the health pyramid includes the CSB1, the CSB2. They provide curative care,
p.000006: preventive and promotional basics.
p.000006: Article 13.- The Hospital Reform provides in the national hospital card that the Establishments
p.000006: Public hospitals are organized in University Hospital Center (CHU), in Hospital Center of
p.000006: Regional Reference (CHRR) and District Hospital Reference Center (CHRD) according to their location, their
p.000006: legal, administrative and technical characteristics.
p.000006: The first level public hospitals (District) provide priority services
p.000006: general medicine, general surgery, obstetrics and emergency care. They are called "Centers
p.000006: District Referral Hospitals ”(CHRD).
p.000006: Second level public hospitals (Region) provide
p.000006: medicine and general surgery, obstetrics, specialties, emergency and specialized care in
p.000006: medical and surgical character. They are called "Regional Reference Hospital Centers" (CHRR).
p.000006: Third level public hospitals have a vocation of care which extends over
p.000006: the entire national territory, linked to their high specialization in medicine, surgery, obstetrics, and
p.000006: specialties. They are intended to provide practical training at university and postgraduate level and the
p.000006: research. These are the “University Hospital Centers” (CHU).
p.000006: Article 14.- University Hospital Centers (CHU) and Reference Hospital Centers
p.000006: Regional (CHRR) are erected in National Public Establishments of an administrative nature (EPA) with
p.000006: the prerogatives and obligations attached thereto, in accordance with the provisions of Law No. 98-031 of 20 January
p.000006: 1999 on the definition of Public Establishments and rules concerning the creation of categories
p.000006: of Public Establishments and its regulatory texts of application. The Reference Hospital Centers of
p.000006: District retain their status as attached services placed under administrative, technical and
p.000006: of the Ministry of Health.
p.000007: 7
p.000007: Article 15.- The supply of care in the private sector is organized by:
p.000007: - basic private health units which include nursing stations, birthing stations,
p.000007: medical offices, private dispensaries, private health centers;
p.000007: - Private hospitals which are clinics, polyclinics, hospitals
p.000007: private. The clinic is an establishment where only one medical specialty is practiced. The polyclinic
p.000007: and the private hospital are establishments where several medical specialties are practiced. They are
p.000007: classified as for-profit private hospitals or non-profit private hospitals,
p.000007: whose technical supervision is exercised by the Ministry of Health.
...

p.000015: a period of two (02) months:
p.000015: 1- on the reality and the causes of unsanitary conditions; 2- on the own measures to remedy it.
p.000015: In the event that the reality of the danger or insanitary conditions and the impossibility of remedying it have been established, the Mayor
p.000015: or, failing this, the supervisory authority, is bound, within one (1) month to pronounce by Order
p.000015: the definitive ban on living. The Order must specify whether the final ban is immediate or applicable to
p.000015: departure of occupants within a specified period.
p.000015: Article 54.- In the event that the possibility of remedying the danger or insanitary conditions has been established, the
p.000015: Mayor or, failing this, the supervisory authority is required, within one (1) month to prescribe by Order the measures
p.000015: appropriate requirements, as well as the turnaround time.
p.000015: The temporary ban on living may be ordered by the competent authority. However, it will end as soon as it
p.000015: will be found that the measures prescribed by the Mayor or the health authority have been carried out.
p.000015: Article 55.- Any occupant of an insanitary building which has been the subject of a Final Prohibition Order or
p.000015: temporary living and who did not comply with the said Order may be subject to eviction
p.000015: pronounced at the request of the authority referred to in article 53 by Order of the judge in summary proceedings.
p.000015: In case of emergency or serious danger and after a report by the skilled person on the state of the building,
p.000015: the authority referred to in Article 53 may have it executed ex officio, at the owner's expense and
p.000015: possibly, of the tenant who did not execute them within the time allotted to him, the
p.000015: essential measures to safeguard public health.
p.000015: When, as a result of the application of Articles 53 and 54 of this Chapter, there is reason to
p.000015: termination of leases, this termination does not entail any interest damages in favor of the tenants.
p.000015: Article 56.- The expenses resulting from the execution of the works are guaranteed by a privilege on the income of
p.000015: the building, which ranks after the privileges set out in article 2101 of the Civil Code as it is still applicable
p.000015: on the Territory of the Republic.
p.000016: 16
p.000016: Section 2
p.000016: Healthy urban areas
p.000016: Article 57.- Without prejudice to the application of the provisions of the texts in force fixing the Code of
p.000016: Town Planning and Housing and in accordance with the provisions of Law No. 98-029 of January 20
p.000016: 1999 relating to the Water Code, the sanitation of agglomerations and any appropriate measure, intended to
p.000016: eliminate the causes of unsanitary conditions that affect the protection of water resources, health and safety
p.000016: populations, must have the purpose of ensuring the evacuation of rainwater and wastewater as well as their
p.000016: discharges into natural outlets according to methods compatible with the requirements of health protection.
p.000016: For this purpose, no construction may be built on the areas initially intended to serve as public roads
...

p.000033: Article 119.- The Director of the Madagascar Medicines Agency may, by reasoned decision, after notice
p.000033: of the National Medicines Registration Commission, suspend or withdraw the Marketing Authorization
p.000033: of a drug which has been shown to be harmful under normal conditions of use or whose therapeutic effect is lacking
p.000033: or whose qualitative or quantitative composition does not correspond to that which has been declared.
p.000033: It is the same when the information provided during the request
p.000033: are incorrect, that the conditions provided for by the regulations are not met, or that
p.000033: changes affecting the quality of a drug or compliance with the required specifications have been noted
p.000033: during an inspection.
p.000033: In the cases provided above, the holder of the Marketing Authorization is required to have it canceled.
p.000033: registration, and community pharmacists, wholesalers, manufacturers must take
p.000033: all the provisions useful for the immediate cessation of the delivery to the public of said drugs. If these
p.000033: provisions do not intervene within the time limits compatible with the protection of the health of the population, the Agency
p.000033: Medicines of Madagascar takes all appropriate measures.
p.000033: Article 120.- Any medicine dispensed in Madagascar and withdrawn from the market of a country for reasons of public health
p.000033: may be the subject of a reasoned withdrawal and notified by decision of the Madagascar Medicines Agency.
p.000034: 34
p.000034: Article 121.- The importation of medicines as part of international emergency aid is authorized on a
p.000034: exceptional in the territory of Madagascar, provided that these drugs are accompanied by an Authorization
p.000034: of valid Marketing in the country of provenance or in Madagascar, or a certificate
p.000034: established within the framework of the quality certification system of the World Health Organization,
p.000034: import authorization issued by the Madagascar Medicines Agency.
p.000034: A decree issued by the Government Council on the proposal of the Minister of Health, the provisions of which must
p.000034: comply with International Conventions, sets the regulations for drug donations.
p.000034: Section 2
p.000034: Clinical trials
p.000034: Article 122.- Clinical trial of a drug means any research or any experimentation
p.000034: carried out for the purpose:
p.000034: 1. Obtain a Marketing Authorization;
p.000034: 2. expand the therapeutic indications for an already authorized drug;
p.000034: 3. demonstrate its bio-availability.
p.000034: Any clinical trial must be conducted in strict compliance with a study protocol, the objectives and
p.000034: methodology are clearly defined and which has been reviewed and approved by a Committee established for this purpose by
p.000034: Order of the Minister of Health: the Ethics Committee to the Ministry of Health on research
p.000034: biomedical involving humans.
p.000034: The composition, the nomination of the members, the attributions and the functioning of this Ethics Committee
p.000034: with the Minister of Health will be fixed by order of the Minister of Health.
...

p.000044: Article 178.- Any associate pharmacist whose diplomas are registered for the operation of a pharmacy cannot
p.000044: exercise no pharmaceutical activity except derogations granted by the Minister of Health.
p.000044: Any stipulation intended to establish that the ownership or co-ownership of a dispensary is null and void
p.000044: belongs to an unlicensed person.
p.000045: 45
p.000045: Pharmacies are subject to the conditions set out in Chapter 1, Title III of Book III of this Code.
p.000045: Article 179.- The operating authorization is subject, without prejudice to the conditions set for
p.000045: the practice of pharmacy, to the criteria defined by the Minister of Health in application of the
p.000045: National Pharmaceutical Policy.
p.000045: Article 180.- Any opening of a new dispensary, any transfer of a dispensary from one place to another, and any
p.000045: transfer or change of ownership is subject to the grant of a new authorization issued by
p.000045: order of the Minister of Health, after consulting the National Council of the Order of Pharmacists.
p.000045: Article 181.- Pharmacists holding dispensaries must exercise their profession personally.
p.000045: In all circumstances, drugs must be prepared and dispensed by a pharmacist or under the
p.000045: direct supervision of a pharmacist.
p.000045: However, the holder may hire an assistant pharmacist. The latter must be registered with the Medicines Agency
p.000045: of Madagascar, after receiving the approval of the Council of the Order and is appointed by decree of the Minister of Health.
p.000045: Pharmacists have an obligation to update their knowledge through postgraduate training.
p.000045: In application of the provisions of article 75 of this Code, the pharmacist has the duty to satisfy the
p.000045: obligations imposed by the daycare and emergency service. Any pharmacist who refuses to comply is punished with
p.000045: penalties provided for in article 331 of this Code.
p.000045: Article 182.- As necessary, an order of the Minister of Health determines the number of pharmacies
p.000045: authorized to settle in a given locality in proportion to the number of inhabitants as well as a minimum distance to
p.000045: respect between pharmacies.
p.000045: CHAPTER III
p.000045: PHARMACIES FOR INTERNAL USE
p.000045: Article 183.- Pharmacies for internal use are understood to mean hospital pharmacies and others
p.000045: health establishments, public or private, whose activity is limited to the supply of medicines
p.000045: and medical consumables:
p.000045: - to patients hospitalized in hospitals;
p.000045: - to patients in consultation in dispensaries and other health establishments.
p.000045: They are subject to the conditions set by Chapter I, Title III of Book III of this
p.000045: Coded.
p.000045: Regulatory texts define, as necessary, the rules governing pharmacies for use
p.000045: internal.
p.000045: CHAPTER IV
p.000045: IMPORT, WHOLESALE AND DISTRIBUTION ESTABLISHMENTS
p.000045: Article 184.- Wholesale pharmaceutical establishment means any approved establishment, public or private, engaged in
p.000045: external or local purchase with a view to sale as is to persons or structures authorized to provide
p.000045: drugs, pharmaceuticals and medical devices. This wholesale pharmaceutical establishment
p.000045: must import products not available from local manufacturers.
p.000046: 46
p.000046: Wholesale pharmaceutical establishments are subject to the obligation to permanently guarantee
p.000046: assortment of essential drugs capable of meeting the requirements of dispensing establishments,
...

p.000070: acting under his direction.
p.000070: The act consists of subjecting the blood to an appropriate operation or sequence of operations in order to give it
p.000070: optimal characteristics of use.
p.000070: The blood transfusion is carried out in the interest of the recipient, after the doctor has ensured his
p.000070: real necessity, and falls under the ethical principles of volunteering and the anonymity of the gift, and the absence of profit and
p.000070: must be accompanied by a specific examination to confirm its reassuring nature under the conditions defined in the
p.000070: this title.
p.000070: For the purposes of this Code, blood transfusion means any administration of human blood and / or its derivatives to
p.000070: a patient for therapeutic purposes.
p.000070: Article 300.- The taking of blood or of only some of its components can only be done with the
p.000070: consent of the donor, by a doctor or under the direction and responsibility of a doctor who will have ensured
p.000070: the suitability of the donor.
p.000070: Blood donation is based on the ethical principles of anonymity of donation, volunteering and the absence of
p.000070: profit under the conditions defined in this title.
p.000070: No remuneration, other form of benefit apart from days off, can be allocated to the donor,
p.000070: without prejudice to the reimbursement of travel expenses, in accordance with a rate offered by the establishment and
p.000070: approved by the Minister of Health.
p.000070: No blood sample for therapeutic use for others may be taken from a person
p.000070: subject to legal protection.
p.000070: However, in the case of minors, a sample can be taken on an exceptional basis, when reasons
p.000070: from the therapeutic emergency require it subject to the written consent of the recognized parental authorities
p.000070: competent.
p.000070: Article 301.- Blood, its components and their derivatives cannot be distributed or used without having been made
p.000070: biological analyzes and screening tests for contagious diseases,
p.000071: 71
p.000071: under conditions defined by decree taken by the Government Council on the proposal of the Minister of Health.
p.000071: Article 302.- The collection of human blood or its components for therapeutic use does not
p.000071: can be done only by an organization or a blood transfusion establishment approved by the Minister of Health
p.000071: for these purposes.
p.000071: Technical approval can only be granted to an organization fulfilling all the defined conditions
p.000071: by regulation. It is granted for a fixed term and is renewable.
p.000071: The blood establishment concerned is subject to technical, sanitary and
p.000071: defined in the regulations. It must be organized taking into account the distribution criteria
p.000071: geographic, demographic and health planning.
p.000071: Article 303.- In the event of the identification of a blood transfusion to a patient, whatever his condition, the
p.000071: blood transfusion accompanied by a specific examination to confirm its safety is mandatory.
p.000071: Article 304.- a National Transfusion Center is created within the Ministry responsible for Health
p.000071: Sanguine, abbreviated as "CNTS", responsible for organizing the collection, preparation, throughout the National Territory
p.000071: the storage and distribution of blood and its derivatives.
p.000071: Depending on the needs, as referred to in the previous article, the National Center for Blood Transfusion can be
p.000071: supported in its missions:
...

p.000072: responsible.
p.000072: The level of activity at the depot level can justify a function of responsible on time
p.000072: part.
p.000072: Article 306.- The import and export of human blood and its derivatives are reserved for the National Center for
p.000072: Blood transfusion. If these are industrially prepared products, their list is established by order of
p.000072: Minister of Health.
p.000072: Only establishments holding approval can distribute it throughout the
p.000072: National territory.
p.000072: Article 307.- The Minister of Health adopts by decree, on the proposal of the director of the National Center for
p.000072: Blood transfusion, the regulations concerning:
p.000072: - the technical conditions for determining blood groups;
p.000072: - tests used to check the compatibility of the donor's blood with that of the recipient as well as the
p.000072: precautions that must surround the use of blood and its derivatives;
p.000072: - the criteria for the election of donors and their periodic medical surveillance;
p.000072: - the conditions and procedures for collecting, preparing, storing and delivering human blood and
p.000072: its derivatives;
p.000072: - the manufacturing standards and quality controls which must be met by the blood products produced
p.000072: and imported;
p.000072: - the facilities and equipment necessary for blood transfusion;
p.000072: - the collection area of ​​each establishment;
p.000072: - the tariffs for the transfer of blood products.
p.000072: Article 308.- The Minister of Health approves on the proposal of the Director of the National Center for Transfusion
p.000072: Sanguine the regulations which specify the organization and functioning of the Sanguine Transfusion Center on
p.000072: throughout the national territory. These regulations set the operating procedures for the emergency service,
p.000072: transfusion and blood delivery.
p.000072: Article 309.- The establishments of blood transfusion assume, even in the absence of fault that they could have
p.000072: commit, the responsibility for the risks run by the donors during the operations of
p.000072: collection and also take steps to empower donors not to transmit disease
p.000072: to recipients.
p.000072: These establishments must contact insurance covering their liability due to these risks.
p.000072: Article 310.- The Minister of Health appoints inspectors from among the doctors or pharmacists who are civil servants
p.000072: qualified from its department, who are responsible for ensuring compliance with the laws and regulations applicable to
p.000072: blood establishments and which, in particular, monitor:
p.000072: 1- the conditions of preparation, storage and delivery of blood products;
p.000072: 2- the application of good practices, the principles of which are defined by internal regulations established by management
p.000072: CNTS within the framework of the mission entrusted to it by the Minister of Health;
p.000072: 3- administrative and financial management of establishments.
p.000073: 73
p.000073: Article 311.- Any CNTS inspector has standing to act in accordance with the provisions of article 199 of this Code
p.000073: in the field of the exercise of their functions listed under the provisions of article 310 in supra. They
p.000073: are empowered to investigate and record infringements of legislative provisions by report and
p.000073: regulatory authorities whose application they control. In the exercise of their mission, they have access to
p.000073: premises and documents of blood establishments.
p.000073: They can at any time carry out the necessary checks which must take place at least once a year.
p.000073: Article 312.- Any violation by a blood transfusion establishment, of legislative and
p.000073: applicable regulations may result in the temporary or permanent withdrawal of technical approval.
p.000073: The withdrawal can only take place after formal notice addressed to the establishment to take all measures
p.000073: capable of remedying the violation or breach, or of providing all the necessary explanations. Setting
p.000073: remains fixed for an execution period which cannot exceed three months. After this period, and failing that, by the
p.000073: holder, to have complied with the prescriptions arising from the formal notice, the Minister of Health may
p.000073: pronounce the withdrawal of technical approval.
p.000073: In an emergency and for reasons relating to the protection of public health, the Minister of Health, after
p.000073: having heard the heads of the approved blood establishment, may order by decision
p.000073: reasoned and provisionally, the immediate closure of the establishment for a period which does not
p.000073: may exceed three (3) months. At the end of this period, the Minister of Health takes a
p.000073: final decision which is notified by registered letter with request for acknowledgment of receipt from the establishment
p.000073: approved blood transfusion center.
p.000073: If the closure of the approved blood transfusion establishment compromises the supply of blood and its derivatives
p.000073: blood corresponding to the needs of the country, the Minister of Health may take all measures
p.000073: urgent and necessary and designate, provisionally, a national or foreign substitute organization.
p.000073: CHAPTER III
p.000073: TRANSPLANTS AND TRANSPLANTATIONS OF ORGANS AND SUBSTANCES
p.000073: Article 312 bis.- The State, through the Ministry of Health, must make provisions in the area of
p.000073: organ, tissue and cell transplantation. In doing so, he ensures the protection of dignity
p.000073: human, person and health.
p.000073: He ensures an equitable distribution of organs.
p.000073: Donation of human organs, tissues and cells is free. The trade in human organs is
p.000073: not allowed.
p.000073: The State legislates on the use of the germinal and genetic inheritance of the animals, the plants and others
p.000073: organizations. In doing so, it respects the integrity of living organisms and the safety of humans, animals
p.000073: and the environment and protects the genetic diversity of animal and plant species.
...

p.000076: and of all foodstuffs delivered for consumption, are punished with a prison term of one month to
p.000076: three and a half years and a fine of 150,000 Ariary to 1,500.00 Ariary or one of these two sentences only.
p.000076: In the event of recidivism, the penalties will be doubled.
p.000076: Are also prohibited, under penalty of the same penalties:
p.000076: - delivery for human consumption of water deemed not to be potable;
p.000076: - fraud, adulteration, marketing of adulterated food,
p.000076: corrupt or toxic products intended to falsify food and incitement to
p.000076: falsification as well as any attempt at the wrongdoings listed above.
p.000077: 77
p.000077: The foregoing provisions refer to the “polluter pays” principles, in Law No.
p.000077: 98-029 of 20 January 1999 relating to the Water Code and to Law No. 99-021 of 9 August 1999 on the management and
p.000077: control of industrial pollution.
p.000077: Article 330.- Any concession holder of a drinking water distribution which, through inattention, negligence, lacks
p.000077: of precaution, non-observance of sanitary regulations or prescriptions of specifications caused the
p.000077: delivery of drinking water likely to harm the health of the public or any polluter is punishable by
p.000077: fine of 18,000 Ariary to 600,000 ariary and imprisonment of one month to six months or both
p.000077: penalties only, without prejudice to the provisions of Law No. 98-029 of 20 January 1999 on the Water Code, in the
p.000077: material. In the event of recidivism, the penalties will be doubled.
p.000077: Article 331.- Any individual who refuses to submit to the emergency requisitions, addressed to him, by an agent qualified in
p.000077: its quality as a public authority; as stipulated by article 75 of this Code, is punished with a fine of
p.000077: 4,000,000 Ariary to 9,000,000 Ariary and imprisonment from six months to one year or one of these two sentences
p.000077: only.
p.000077: In the event of recidivism, the penalties will be doubled.
p.000077: Article 332.- The illegal exercise of the profession of doctor, acupuncturist, pharmacist or dentist-dentist
p.000077: is punished with a fine of 2,000,000 Ariary to 50,000,000 Ariary and imprisonment from one month to one year or
p.000077: one of these two sentences only.
p.000077: In the event of recidivism, the penalties will be doubled.
p.000077: It can, moreover, be ordered the confiscation of the medical material having allowed the exercise
p.000077: illegal.
p.000077: Article 333.- The illegal exercise of the profession of midwife is punished with a fine of
p.000077: 2,000,000 Ariary to 50,000,000 Ariary and imprisonment from one month to one year or both
p.000077: only.
p.000077: In the event of recidivism, the penalties will be doubled.
p.000077: In addition, it may be ordered the confiscation of the material that allowed the illegal exercise.
p.000077: In the event of death occurring during the illegal exercise of the midwifery profession, the author and his co-authors
p.000077: are punished with a criminal penalty of forced labor which may go to forced labor for life, in accordance with
...

General/Other / Relationship to Authority

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p.000002: Oral.
p.000002: Book VI requires special attention because it contains fundamental provisions taken from the Conventions
p.000002: protection of the family and the child. In addition, it introduces innovations on
p.000002: reproductive health and school and university health. It integrates into the Code of
p.000002: National Nutrition Policy and the Expanded Program on Immunization.
p.000003: 3
p.000003: Book VII reinforces provisions already known but requiring clarification on analysis laboratories
p.000003: medical, on blood and its derivatives and on the control of the handling of microbial products. A
p.000003: particular attention has been paid to the provisions intended to govern blood transfusion.
p.000003: Book VIII fixes the classification of the responsibilities of the personnel coming under the Ministry in charge of
p.000003: Health as well as those of its service providers and the resulting claims in the event of default.
p.000003: Book IX groups together the penalties and disciplinary measures applicable in the event of an offense. Sentences and measures
p.000003: arranged in agreement with all stakeholders in the health sector, given the seriousness of the offenses committed
p.000003: that these are public health activities.
p.000003: Book X relates to various and transitional provisions. It provides for transitional arrangements
p.000003: which must be designed or maintained pending the effective establishment of future
p.000003: the Fourth Republic.
p.000003: This is the purpose of this Law.
p.000004: 4
p.000004: PRESIDENCY OF THE HIGH AUTHORITY OF THE TRANSITION
p.000004: ---------------------
p.000004: LAW n ° 2011 - 002
p.000004: bearing the Health Code
p.000004: The Congress of the Transition and the Superior Council of the Transition adopted in their meetings
p.000004: as of May 24, 2011 and May 27, 2011,
p.000004: THE PRESIDENT OF THE HIGH AUTHORITY OF TRANSITION, HEAD OF STATE,
p.000004: Given the Constitution,
p.000004: Given the decision n ° 02-HCC / D3 of July 11, 2011 of the High Constitutional Court; Promulgate the law the content of which follows
p.000004: :
p.000004: PRELIMINARY BOOK
p.000004: INSTITUTIONAL ORGANIZATION
p.000004: AND ADMINISTRATIVE OF MADAGASCAR MEDICAL SERVICES
p.000004: Article 1 - This book is devoted to the general presentation of institutions and structures
p.000004: administrative constituting the overall framework within which the health and medical services exercise their
p.000004: activities, in partnership with private organizations and Civil Society and in coherence with Communities
p.000004: Decentralized territories.
p.000004: FIRST TITLE OF INSTITUTIONS
p.000004: Article 2.- The organization of all medical and administrative services is fixed by decrees taken
p.000004: Council of Government on the proposal of the Minister of Health and possibly, by Decrees and
p.000004: Circulars issued for the application of these decrees.
p.000004: The organization and attributions of the various Councils and Commissions are fixed by decrees taken in
p.000004: Government Council on the proposal of the Minister of Health.
p.000004: Article 3.- The National Committee for Hygiene and Health, single body which replaced the Superior Committee for Hygiene
p.000004: and the National Hospital Organization Commission, will be the subject of a decree issued by the Government Council on
p.000004: proposal from the Minister of Health, strengthening its organization and specifying its composition, role and
p.000004: operation.
p.000004: The Hygiene and Health Committees which replaced the Provincial Hygiene Committees at scale
p.000004: regional or municipal are strengthened in their composition, their role and their functioning by
p.000004: Order of the Ministry of Health.
p.000004: TITLE II
p.000004: FROM THE MADAGASCAR MEDICINE AGENCY,
p.000004: AGENCIES AND CONTROL AND PRODUCTION UNITS
p.000004: Article 4.- Within the framework of the implementation of the National Pharmaceutical Policy, the Minister in charge of Health
p.000004: confers on "the Medicines Agency of Madagascar", Public Establishment of an administrative nature with the
p.000004: legal personality and financial autonomy, a mission to implement and control the quality of
p.000004: medicines in Madagascar.
p.000005: 5
p.000005: The establishment of the Madagascar Medicines Agency is fixed by decree taken in Council of
p.000005: Government on the proposal of the Minister of Health.
p.000005: Article 5.- The attributions of the Madagascar Medicines Agency, listed in Title IV
p.000005: of Book III of this Code have as their object:
p.000005: - to guarantee the independence, scientific competence and administrative efficiency of studies and
p.000005: controls relating to the manufacture, testing, therapeutic properties and use of drugs;
p.000005: - to ensure the health and safety of the population at the best cost;
p.000005: - to contribute to the development of industrial activities and pharmaceutical research;
p.000005: - to instruct the pharmacist inspectors placed under his authority to control the application of the
p.000005: legislation and regulations relating to medicines and the exercise of the profession of pharmacist.
p.000005: Article 6.- It is created within the Ministry in charge of Health a Health Security Control Agency and
p.000005: the Quality of Foodstuffs (ACSQDA).
p.000005: It is a Public Establishment of an administrative nature (EPA) endowed with legal personality and autonomy
p.000005: legal and financial.
p.000005: Article 7.- The Food Safety and Food Quality Control Agency has
p.000005: mission to protect the health of consumers by ensuring that food
p.000005: consumed, distributed, marketed or produced in Madagascar comply with national standards and
p.000005: international standards in force, in terms of food safety and hygiene.
p.000005: Article 8.- Any inspector of the Health Security and Food Quality Control Agency
p.000005: has the authority to act in accordance with the provisions of article 199 of this Code in the field of commodity control
p.000005: food and in case of food fraud.
p.000005: The organizational and operating procedures of the Health Security Control Agency and the
p.000005: Quality of Foodstuffs as well as those of its organs are fixed by decree taken by the Government Council
p.000005: on the proposal of the Minister of Health.
p.000005: Article 9.- A Production Unit is created within the Ministry responsible for Health and
p.000005: of Solid Solutes Supply.
p.000005: It is an Industrial and Commercial Public Establishment (EPIC) with legal personality and
p.000005: legal and financial autonomy.
p.000005: Article 10.- The Massive Solutes Production and Supply Unit is responsible for producing the solutes
p.000005: massive and para-pharmaceutical products such as disinfectants, antiseptics and
p.000005: to ensure the supply to the Health Facilities. This supply is intended, in
p.000005: priority, to meet the needs of public health establishments, and secondly, those of
p.000005: private health establishments.
p.000005: The terms of creation, organization and operation of this Production and Supply Unit
p.000005: Massive solutions as well as those of its organs are fixed by decree taken by the Government Council on a proposal from the
p.000005: Minister of Health.
p.000006: 6
p.000006: TITLE III
p.000006: CARE ESTABLISHMENTS
p.000006: Article 11.- Within the framework of the implementation of the Hospital Reform, it is created near the Minister in charge of
p.000006: Health a National Hospital Agency, having in particular the following missions:
p.000006: - steer the Hospital Reform and monitor its implementation;
p.000006: - be an Observatory for the implementation of the new statutes of the Establishments
p.000006: Public hospitals and related bodies;
...

p.000006: the entire national territory, linked to their high specialization in medicine, surgery, obstetrics, and
p.000006: specialties. They are intended to provide practical training at university and postgraduate level and the
p.000006: research. These are the “University Hospital Centers” (CHU).
p.000006: Article 14.- University Hospital Centers (CHU) and Reference Hospital Centers
p.000006: Regional (CHRR) are erected in National Public Establishments of an administrative nature (EPA) with
p.000006: the prerogatives and obligations attached thereto, in accordance with the provisions of Law No. 98-031 of 20 January
p.000006: 1999 on the definition of Public Establishments and rules concerning the creation of categories
p.000006: of Public Establishments and its regulatory texts of application. The Reference Hospital Centers of
p.000006: District retain their status as attached services placed under administrative, technical and
p.000006: of the Ministry of Health.
p.000007: 7
p.000007: Article 15.- The supply of care in the private sector is organized by:
p.000007: - basic private health units which include nursing stations, birthing stations,
p.000007: medical offices, private dispensaries, private health centers;
p.000007: - Private hospitals which are clinics, polyclinics, hospitals
p.000007: private. The clinic is an establishment where only one medical specialty is practiced. The polyclinic
p.000007: and the private hospital are establishments where several medical specialties are practiced. They are
p.000007: classified as for-profit private hospitals or non-profit private hospitals,
p.000007: whose technical supervision is exercised by the Ministry of Health.
p.000007: Article 16.- The proposal to create or suspend a hospital, a hospice, a maternity, a
p.000007: delivery station, dispensary or other healthcare facility, cannot be decided by the authority
p.000007: administration on which the establishment depends only after approval by the Minister of Health, on the advice of the
p.000007: Commission responsible for opening and closing public and private healthcare establishments.
p.000007: Where necessary, a regulatory text fixes the organization and the functioning of the Commission.
p.000007: The private opening of a dispensary, a clinic, a birthing center, a hospital
p.000007: psychiatric or hospice is subject to prior authorization from the Minister of Health, after
p.000007: Commission opinion cited.
p.000007: Are subject to the authorization of the Ministry of Health:
p.000007: - creation ;
p.000007: - the extension;
p.000007: - retraining;
p.000007: - total or partial removal;
p.000007: - the grouping of all private Health Training.
p.000007: Article 17.- In accordance with the legislation in preparation on Information Technologies and
p.000007: of Communication (NTIC), new, legislative and regulatory provisions must be
p.000007: taken at the behest of the Minister of Health regarding Telemedicine.
p.000007: These provisions must include all the instructions useful for the proper functioning of the transmission by
p.000007: Information and Communication Technologies of medical information in order to obtain
p.000007: distance a diagnosis, a specialized opinion, the follow-up of a patient or a therapeutic decision. They must
p.000007: in addition, provide for the establishment of an information and communication technology control body
p.000007: in the health field and ensure respect for medical confidentiality.
p.000007: FIRST BOOK
p.000007: GENERAL PROTECTION OF HEALTH
p.000007: Article 18.- This Code defines, by updating them, the fundamental principles which govern, in the
...

p.000008: the environment including those related to healthcare waste.
p.000008: Article 23.- At the level of the Communes, the Mayor takes, on a participative proposal from the Fokontany, after
p.000008: opinion of the Municipal or Municipal Council, of the Decrees having for object such particular provisions as it
p.000008: deems useful without prejudice to international health regulations or
p.000009: 9
p.000009: provisions of this Code with a view to ensuring the protection of health within the
p.000009: constituency of its municipality.
p.000009: Section 2
p.000009: Fighting epidemics through preventive measures
p.000009: Article 24.- In the event of a determined threat of epidemic, generally in a region or locality recognized as being at high risk of
p.000009: spread of the disease, the Minister of Health may order, by Order, the requisition of stocks of
p.000009: vaccines against the epidemic in Regions with supply centers, whether public or
p.000009: private.
p.000009: The conditions under which the requisition must be executed are specified in the abovementioned regulatory text.
p.000009: In order to prevent the spread of communicable diseases, the following measures should be taken:
p.000009: - a list of contagious diseases to which the provisions of this section are applicable is
p.000009: drawn up by the Ministry of Health, by regulatory means;
p.000009: - contagious diseases are the subject of a compulsory declaration drawn up by texts
p.000009: regulations. This list can be modified or supplemented in the same forms;
p.000009: - are the subject of a compulsory declaration of data to the health authority by the professionals of
p.000009: health, public or private and those in charge of public or private medical biology analysis laboratories
p.000009: :
p.000009: • diseases that require urgent localized intervention;
p.000009: • diseases that require urgent intervention on a national or international scale.
p.000009: Article 25.- The declaration to the health authority of any case of one of the diseases appearing on the mentioned list
p.000009: in article 24 is mandatory for any doctor or paramedic, Head of Training
p.000009: Sanitary, which found its existence.
p.000009: The statement must state the causes of death and the source of the infection.
p.000009: To prevent the spread of an evolving contagious disease, the Minister of Health
p.000009: may issue an Order establishing the state of health alert in a locality or region threatened with a view to organizing
p.000009: health watch.
p.000009: The state of health alert is instituted for a fixed period but which can be extended; hygiene measures
p.000009: and prophylaxis can be made compulsory.
p.000009: CHAPTER II
p.000009: HYGIENE MEASURES
p.000009: Article 26.- The hygiene measures provided for in this Code and supplementing the health regulations concern
p.000009: mainly water management and control, elimination of all kinds of waste, protection of
p.000009: foodstuffs, the healthiness of the places of habitation and the safeguarding of the environment.
p.000010: 10
p.000010: Section 1
p.000010: Water management and control
p.000010: Article 27.- Water is a public good in the public domain.
p.000010: The declaration of public utility of the sources as well as the easements and the rights resulting therefrom
p.000010: are governed by the texts in force on the subject, and in particular by the provisions of Law n ° 98-029 of 20
p.000010: January 1999 on the Water Code.
p.000010: Groundwater consists of the water contained in aquifers and springs. They do
p.000010: part of the public domain in the same way as surface water.
p.000010: Article 28.- In accordance with the specific provisions of Law No. 90-033 of December 21, 1990 on the Charter for
p.000010: the Environment, Law n ° 98-029 of January 20, 1999 on the Water Code as well as Law n ° 99-021 of 19
...

p.000014: threaten or harm human health, must be controlled in order to reduce pollution as well as
p.000014: environmental degradation. The concentration standards of the air components must be set by
p.000014: decree on the proposal of the Ministries in charge of Health and the Environment.
p.000015: 15
p.000015: CHAPTER III
p.000015: HOUSING HEALTH
p.000015: Article 52.- All places, constructions, buildings, agglomerations, villages and districts in rural areas having for
p.000015: purpose of housing and for this purpose, to be provided with collective equipment and infrastructure
p.000015: sanitation and sanitation facilities that comply with the regulations relating to household hygiene must
p.000015: the subject of constant concern from public authorities so that:
p.000015: - the provisions of the texts in force establishing the Code of Town Planning and Housing;
p.000015: - the provisions of Law No. 98-029 of January 20, 1999 on the Water Code;
p.000015: - the provisions of the implementing texts of the above-mentioned law;
p.000015: - the provisions of health regulations at the international level, at the national level and at that of the Communities
p.000015: Decentralized territories.
p.000015: Section 1
p.000015: Building sanitation
p.000015: Article 53.- Without prejudice to the provisions of the Town Planning and Housing Code on sanitary and
p.000015: security relating to constructions, when a building, whether built or not, adjoining or not on the public highway, constitutes,
p.000015: either by himself or by the conditions under which he is occupied, a threat or danger to the health of
p.000015: occupants and neighbors, the Mayor, or failing this, the regulatory authority, referred to by a reasoned report from the authority
p.000015: sanitary or Municipal Hygiene Office concluding with the danger presented or the unsanitary conditions of all or part of
p.000015: the building, is required to invite the Municipal Committee of Hygiene and Health interested to give its opinion in
p.000015: a period of two (02) months:
p.000015: 1- on the reality and the causes of unsanitary conditions; 2- on the own measures to remedy it.
p.000015: In the event that the reality of the danger or insanitary conditions and the impossibility of remedying it have been established, the Mayor
p.000015: or, failing this, the supervisory authority, is bound, within one (1) month to pronounce by Order
p.000015: the definitive ban on living. The Order must specify whether the final ban is immediate or applicable to
p.000015: departure of occupants within a specified period.
p.000015: Article 54.- In the event that the possibility of remedying the danger or insanitary conditions has been established, the
p.000015: Mayor or, failing this, the supervisory authority is required, within one (1) month to prescribe by Order the measures
p.000015: appropriate requirements, as well as the turnaround time.
p.000015: The temporary ban on living may be ordered by the competent authority. However, it will end as soon as it
p.000015: will be found that the measures prescribed by the Mayor or the health authority have been carried out.
p.000015: Article 55.- Any occupant of an insanitary building which has been the subject of a Final Prohibition Order or
p.000015: temporary living and who did not comply with the said Order may be subject to eviction
p.000015: pronounced at the request of the authority referred to in article 53 by Order of the judge in summary proceedings.
p.000015: In case of emergency or serious danger and after a report by the skilled person on the state of the building,
p.000015: the authority referred to in Article 53 may have it executed ex officio, at the owner's expense and
p.000015: possibly, of the tenant who did not execute them within the time allotted to him, the
p.000015: essential measures to safeguard public health.
p.000015: When, as a result of the application of Articles 53 and 54 of this Chapter, there is reason to
p.000015: termination of leases, this termination does not entail any interest damages in favor of the tenants.
p.000015: Article 56.- The expenses resulting from the execution of the works are guaranteed by a privilege on the income of
p.000015: the building, which ranks after the privileges set out in article 2101 of the Civil Code as it is still applicable
p.000015: on the Territory of the Republic.
p.000016: 16
p.000016: Section 2
p.000016: Healthy urban areas
p.000016: Article 57.- Without prejudice to the application of the provisions of the texts in force fixing the Code of
p.000016: Town Planning and Housing and in accordance with the provisions of Law No. 98-029 of January 20
p.000016: 1999 relating to the Water Code, the sanitation of agglomerations and any appropriate measure, intended to
p.000016: eliminate the causes of unsanitary conditions that affect the protection of water resources, health and safety
p.000016: populations, must have the purpose of ensuring the evacuation of rainwater and wastewater as well as their
p.000016: discharges into natural outlets according to methods compatible with the requirements of health protection.
p.000016: For this purpose, no construction may be built on the areas initially intended to serve as public roads
p.000016: and lined with sewage disposal systems.
p.000016: Article 58.- In the cities where the separation system is adapted, two different pipes may be imposed.
...

p.000016: enacted by Section I of Chapter III of this First Book.
p.000016: Article 60.- The Communes may, with a view to facilitating their sanitation or their development, cause
p.000016: the declaration of unsanitary conditions in a building or a group of buildings, especially in the event of a threat presented
p.000016: by the building or group of buildings for the life of the occupants and residents.
p.000016: The unhealthiness or the threat indicated by an opinion of the Office of Hygiene or the Committee of Hygiene and Health is denounced by
p.000016: a deliberation of the Municipal Council concerned, supported by a plot plan of the buildings with the indication of
p.000016: names of owners, as they appear in the role matrix and, if applicable, on a project
p.000016: development.
p.000016: A decree issued by the Council of Government sets the terms for applying this article.
p.000016: Article 61.- When during a determined period according to the registered causes or on the occasion of a
p.000016: sudden change in the demographic curve, the number of deaths in a municipality has exceeded the figure of
p.000016: average mortality, the municipal authorities are required to entrust the Hygiene and Health Committee with the task of
p.000016: carry out or have carried out an inquiry into the sanitary conditions of the Commune.
p.000017: 17
p.000017: If this investigation establishes that the sanitary state of the Commune requires work
p.000017: sanitation, especially that it does not have good quality and sufficient drinking water, or that
p.000017: the waters remain stagnant, creating dangers or inconveniences for health, safety and
p.000017: health, the administrative authority concerned, after a formal notice to the Municipality not followed up on, invites the
p.000017: Hygiene and Health Committee to deliberate on the usefulness and the nature of the work deemed necessary. The Mayor is put in
p.000017: remains to submit observations to the Hygiene and Health Committee.
p.000017: If the Hygiene and Health Committee issues an opinion unfavorable to the execution of the work or to the complaints made by
p.000017: the Municipality, the administrative authority transmits by hierarchy, the deliberation of the Health and
p.000017: Health to the Minister of Health who, if he deems it appropriate, submits the question to the National Hygiene Commission
p.000017: and Health. The latter may carry out or have carried out an investigation, the results of which will be made known.
p.000017: of the population by posting or by any other means.
p.000017: Article 62.- On the advice of the National Hygiene and Health Commission, the authority
p.000017: administrative concerned puts the Municipality on notice to implement the project and to proceed with the works.
p.000017: If in the month following this formal notice, the Municipal Council has not committed to refer to it, or if within
p.000017: three (3) months, he did not take any measures for the execution of the work, the competent authority, under the
p.000017: prerogatives at its disposal, order these works by right and determine the conditions of execution.
p.000017: Article 63.- General regulations of the police and building hygiene as well as those
p.000017: relating to dangerous, unhealthy and inconvenient establishments are determined by decree taken in Council of
p.000017: Government.
p.000017: However, the laws or regulations in force governing these matters are applicable, in
p.000017: as necessary, in all their provisions not contrary to the Health Code.
p.000017: Section 3
p.000017: Rural healthiness
p.000017: Article 64.- In rural communities, it is up to the administrative and health authorities to ensure
p.000017: to sanitation of the environment and that of basic infrastructure for drinking water supply,
p.000017: the disposal of excreta and household waste. In order to protect the safety and health of the population,
p.000017: these authorities must ensure strict compliance with the regulations relating to environmental health and
p.000017: habitat and food safety at all stages: manufacturing, processing,
p.000017: sale.
p.000017: More particularly and in the context of promoting the fight against deadly epidemic diseases and
p.000017: contagious, including plague and cholera, the installation of latrines as well as
p.000017: transport, collection and disposal of waste, meeting the hygiene standards required in the villages and
p.000017: the districts which are deprived of it, falls under the obligations of the Communes and Collectivities concerned.
p.000017: Article 65.- In close cooperation with the Fokontany located within the geographical limits of its territory, the
p.000017: The municipality must endeavor to identify all the facts generating pollution which constitute a danger for the
p.000017: safety and health of the population and to inform the relevant administrative and health authority. he
p.000017: this is particularly the case for the nuisance generated by industrial installations, emissions from
p.000017: substances from releases from industrial or artisanal facilities that may affect sanitation
p.000017: public, tampering with drinking water sources or causing degradation of groundwater or air
p.000017: ambient.
p.000018: 18
p.000018: CHAPTER IV
p.000018: PROTECTION OF THE ENVIRONMENT
p.000018: Article 66.- In accordance with the provisions of article 10 of Law No. 90-033 of December 21
p.000018: 1990 relating to the Environmental Charter, as well as to the provisions of Law No. 99-021 of August 19, 1999 relating to
p.000018: industrial pollution management and control policy, public or private investment projects
p.000018: likely to harm the environment must be the subject of an Environmental Impact Assessment.
p.000018: Article 67.- In order to ensure the protection of sanitation in the areas surrounding the installations,
p.000018: developments, works or works directly or indirectly under the administrative organization
p.000018: of medical and pharmaceutical services, the annexes to the texts in force relating to Accounting
p.000018: Investments with the Environment (MECIE) include a non-exhaustive list of works or works submitted
p.000018: depending on the case, an Environmental Impact Assessment (EIA) or an Environmental Engagement Program (PREE).
p.000018: 1. The following are subject to an Environmental Impact Assessment:
p.000018: - the facilities, works and works which, by their technical nature, their scale and the
p.000018: sensitivity of the setting environment to have harmful consequences on the environment;
p.000018: - any introduction of new species, animal or plant or Genetically Modified Organisms (GMO) on
...

p.000020: dentist and midwife, without prejudice to the preceding provisions:
p.000020: - military doctors, military odonto-stomatologists belonging to the Malagasy Armed Forces;
p.000020: - doctors, practitioners who have received training in acupuncture, odontostomatologists or
p.000020: midwives of approved foreign missions, under
p.000021: 21
p.000021: reserve compliance with the conditions imposed by the regulations in force on the subject and after advice from the Council of
p.000021: the corresponding National Order;
p.000021: - doctors, practitioners who have received training in acupuncture, odontostomatologists or
p.000021: midwives from a country bound by a reciprocity agreement with Madagascar, subject to
p.000021: obtaining an individual license to practice issued by the Order concerned and, if necessary, renewable
p.000021: every two years.
p.000021: Article 73.- The moral and professional duties of members of the medical and paramedical professions are all
p.000021: defined in codes of ethics established by the Orders concerned. The provisions of these codes are
p.000021: established by each Order concerned in the form of a Decree taken by the Government Council on the proposal of
p.000021: Minister of Health.
p.000021: Article 74.- The paramedical professions are those which, relating to health, are practiced in
p.000021: outside routine care on demand, under the supervision of a doctor.
p.000021: Article 75.- Any member from the medical, paramedical and any other health worker without exception, entitled to
p.000021: exercise his art, is required to refer to requisitions legally issued by the public authority to execute
p.000021: acts related to his specialty. In this case, the interventions open the right to remuneration
p.000021: according to the provisions of the Trade Union Law and paid by the requesting authority.
p.000021: Article 76.- Patients employed in a company have the freedom to consult the practitioners of their
p.000021: choice, unless said company is bound by an exclusivity contract with approved health organizations
p.000021: by the state.
p.000021: Article 77.- Midwives are authorized:
p.000021: - to act as a paramedical practitioner and implement their professional competence such
p.000021: that it was acquired at the end of training instituted and recognized by the Malagasy State;
p.000021: - to perform healthcare services prescribed or advised by a doctor;
p.000021: - to prescribe the drugs and additional examinations authorized jointly by the Order
p.000021: National Midwives and the National Order of Physicians and with prior approval of the Minister responsible for
p.000021: Health.
p.000021: Article 78.- The conditions and rules of practice of the profession of doctor,
p.000021: acupuncturist, dentist-stomatologist, midwife and, where applicable, those practicing other professions
p.000021: and paramedical services are set by Decree taken by the Government Council on a proposal
p.000021: of the Minister of Health.
p.000021: CHAPTER I
p.000021: ILLEGAL PRACTICE OF MEDICINE AND ACUPUNCTURE
p.000021: Article 79.- Illegally practices medicine and the art of acupuncture:
p.000021: 1. any person:
p.000021: - who usually takes or by direction followed, even in the presence of a doctor, at the establishment of a
p.000021: diagnosis, prescription of pharmaceutical products or other treatment of diseases or conditions
p.000021: surgical, congenital or acquired, real or suspected, by personal act, verbal or written consultation or
p.000021: by any other process whatsoever;
p.000022: 22
p.000022: - who practices one of the professional acts provided for in a nomenclature fixed by Order of the Minister responsible
p.000022: of Health, without holding a State diploma, or University of Doctor of Medicine, or any
p.000022: diploma whose equivalence in level and value is recognized by the Malagasy State;
p.000022: - non-doctor or any doctor who does not have a certificate or diploma in acupuncture issued by a
p.000022: Institute or University internationally recognized and recognized by the Malagasy State;
p.000022: - with an authorization to practice acupuncture but which does not respect the conditions and rules
p.000022: to exercise this discipline, in particular the provisions of article 91 of this Code;
p.000022: 2. any person who, with a regular title, acts outside the powers conferred on him by law, in particular
p.000022: by assisting the persons referred to in the preceding paragraph, in order to remove them from the
p.000022: prescriptions of this chapter;
p.000022: 3. any doctor or doctor who practices medicine without being registered with the Institute of Doctors
p.000022: in accordance with this Code, or exercising fraud during the period of temporary or permanent suspension provided for in
p.000022: Article 91 of this Code. There is no illegal practice of medicine if there is assistance given to a person
p.000022: in danger, subject to the conditions specified in article 63 of the Penal Code.
p.000022: Article 80.- The provisions of the preceding article do not apply to medical students, in
p.000022: acupuncture neither to midwives, nor to nurses or wardens who act as an aide to a medical doctor
p.000022: that the latter places with his patients, insofar as these students, midwives, nurses or
p.000022: these nurses act in strict compliance with the prescriptions of the doctor concerned.
p.000022: They also do not apply to medical auxiliaries and other practitioners with special authorization
p.000022: from the health authority. A decree issued by the Minister of Health fixes the extent of their
p.000022: skill.
p.000022: CHAPTER II
p.000022: OF THE ILLEGAL PRACTICE OF ODONTO-STOMATOLOGY
p.000022: Article 81.- Illegally practices the art of dentistry-dentistry:
p.000022: 1- anyone who, without holding a State or University diploma in
p.000022: odonto-stomatology recognized by the Malagasy State, usually takes part or by direction followed in the diagnosis and
p.000022: to the treatment of congenital oral diseases acquired, real or suspected, by consultation, procedure
p.000022: personal or any other process, whatever it is, in particular prophetic;
p.000022: 2- any odonto-stomatologist who, with a regular title, acts outside the powers that the law confers on him,
p.000022: in particular by assisting the persons referred to in the preceding paragraphs of this article to the effect of
p.000022: evade the prescriptions of this chapter; 3- any private, corporate, faith-based dentist,
p.000022: civil servant who practices the art of dentistry-stomatology without being registered with the Order
p.000022: odonto-stomatologists, without being in a regular situation vis-à-vis the Bar Council or practicing fraudulently for
p.000022: the period of temporary or permanent suspension provided for in article 91 of this Code.
p.000022: CHAPTER III
p.000022: OF THE ILLEGAL PRACTICE OF THE MIDWIFE PROFESSION
p.000022: Article 82.- Illegally practicing the profession of midwife:
p.000023: 23
p.000023: 1- anyone who, without a diploma issued by a school recognized by the Malagasy State, practices
p.000023: usually the functions devolved to midwives by usurpation of titles, an act provided for and punished by article 258
p.000023: of the Penal Code;
...

p.000023: Article 83.- The disciplinary penalties and sanctions incurred in application of articles 79 to 82 are provided for in the Book
p.000023: IX of this Code.
p.000023: CHAPTER IV
p.000023: NATIONAL ORDERS
p.000023: Article 84.- The right to establish a National Order is recognized for each medical and paramedical body
p.000023: whose members, by virtue of their registration on the Roll of the Order, are entitled to exercise their art.
p.000023: The National Order thus established may, as necessary, be extended to the Regions under
p.000023: the designation of Regional Council by decision of the Order concerned taken in General Assembly of the Council of the Order
p.000023: National.
p.000023: No one can be registered in these Orders if he is not of Malagasy nationality or a national of a country bound by an agreement
p.000023: of reciprocity with Madagascar.
p.000023: The development of the internal regulations of each Order, the mission assigned to the Order, the role and composition of
p.000023: different Councils, the modalities of elections and any specific provision for each Order are
p.000023: determined by order of the Minister of Health.
p.000023: Article 85.- The registration in the Roll of the corresponding Order makes the exercise of the profession of lawful
p.000023: doctor, dentist, midwife or pharmacist throughout the National Territory. So is
p.000023: even for nurses and other health professionals in the event of the establishment of a National Order for these bodies.
p.000023: On the date of application of this Code, the provisions of the preceding paragraph also apply
p.000023: any official member of the medical and paramedical bodies without taking into account the fact
p.000023: whether or not he has a paying clientele.
p.000023: Article 86.- Any member of the medical and paramedical staff employed in the service of public authority, both the
p.000023: public health care staff as public service teaching staff
p.000024: 24
p.000024: exercising on a permanent basis or for a fixed term either as part of a mission as well as any member of the
p.000024: Medical and paramedical staff of a company, a faith-based organization, a community, a
p.000024: non-governmental organization or a Private Law institution, employed full time, must have
p.000024: an authorization to practice private or paying customers, issued by the Ministry of Health,
p.000024: before opening a private practice in his name.
p.000024: However, he forbids him to receive in his private cabinet the employee of his administration
p.000024: of belonging or the assigns of said employee, unless this clause is expressly stipulated in his
p.000024: employment contract.
p.000024: Article 87.- Civil servants, members of the medical and paramedical bodies, who want to do
p.000024: paying customers in a private capacity must refrain from using the goods and materials of the State put at their
p.000024: provision for the operation of public services. Violation of the provisions of this paragraph is
p.000024: constituting the crimes of unfair competition and misappropriation of public goods resulting in the application of
p.000024: sanctions in force in this area.
p.000024: TITLE II
p.000024: SOME SPECIAL RULES
p.000024: Article 88.- The provisions of this title are applicable:
p.000024: - members of the Medical Corps;
p.000024: - members of the paramedical corps;
p.000024: - medical auxiliaries;
p.000024: - traditional healers.
p.000024: Article 89.- Any member of the medical corps, paramedical corps, medical auxiliaries and
p.000024: traditional healers must comply with the following requirements:
...

p.000029: that vaccines, allergens, toxins and antitoxins, sera, immunoglobulins;
p.000029: - products presented as suppressing the urge to smoke or reducing addiction
p.000029: at the cigarette shop ;
p.000029: - oral contraceptives, injectables, implants, spermicides, the dispensation of which is authorized by
p.000029: the Madagascar Medicines Agency.
p.000029: Article 106.- Except where a new drug has already been presented and recognized as such by the Organization
p.000029: World Health (WHO), a new product is classified as a drug discovered or invented in Madagascar on
p.000029: validation by a Biomedical Institution recognized by the Malagasy State.
p.000029: This institution certifies the nature of the product, the research protocol, the active ingredient identified and its mode of
p.000029: selection, therapeutic virtue, side effects, contraindications, and the degree of risk of toxicity.
p.000029: The introduction of new contraceptive products will be subject to an Order of the Minister of Health on advice
p.000029: of a commission formed by health professionals from the public and private sectors.
p.000029: Before making available to the public, the product must be registered with the Medicines Agency
p.000029: Madagascar to the Ministry of Health.
p.000029: Article 107.- Human blood and blood derivatives are not considered as drugs but
p.000029: are subject to special provisions with regard to their collection or preparation, their use,
p.000029: their control, their condition of conservation and their dispensation. The activities relating to these products are
p.000029: subject to an inspection by pharmacist-inspectors under the authority of the Medicines Agency of
p.000029: Madagascar or by other qualified agents authorized by the Ministry responsible for Health.
p.000029: Article 108.- The pharmacopoeia is a collection of standards intended to ensure the uniformity of nature, quality,
p.000029: composition and concentration of drugs and other pharmaceuticals. She is the reference manual
p.000029: pharmacists for the manufacture and control of drugs as well as for dispensing preparations and
p.000029: masterful.
p.000029: The development of a properly Malagasy pharmacopoeia is the joint work of the Ministry responsible for
p.000029: Scientific Research as well as the Ministry of Health which jointly establish standards for
p.000029: local manufacture of medicines while using the human potential and resources for this purpose,
p.000029: natural as technical and financial that exist in Madagascar.
p.000029: As a transitional measure, the European, British pharmacopoeias, the US Pharmacopeia or any other pharmacopoeia
p.000029: recognized as useful are admitted by decree.
p.000030: 30
p.000030: Article 109.- The traditional Malagasy pharmacopoeia brings together information on plants and other products
p.000030: natural can be used in human therapy and codifies the preparation and use of drugs
p.000030: galenics that come from it.
p.000030: The Malagasy Traditional Pharmacopoeia Commission, whose organization and operation
p.000030: are fixed by decree taken in the Government Council, is placed under the authority of the Ministry of Health.
p.000030: Article 110.- By:
p.000030: -generic drug, any drug prepared in advance, marketed under an international non-proprietary name,
p.000030: whose active ingredient (s) are no longer or are not protected by a patent. Its composition and its dosage form
p.000030: are identical to those of the innovative specialty, its concentration of active ingredients is identical to those of the
p.000030: innovative specialty, its concentration in active ingredients is identical and its therapeutic margin as wide; her
p.000030: bioequivalence with a reference product has been demonstrated. Any generic characterized by a name
p.000030: special is called
p.000030: “Brand generic”;
p.000030: -essential drug, any drug that meets the needs of the majority of the population in terms of care
p.000030: health;
p.000030: - magistral preparation, any medication prepared immediately in a pharmacy or a health facility
p.000030: in execution of a prescription intended for a specific patient;
p.000030: - hospital preparation, any medication prepared on medical prescription and according to the indications of the
p.000030: pharmacopoeia due to the lack of pharmaceutical specialty available or adapted in the
p.000030: pharmacy for internal use of a health establishment and intended to be dispensed to one or more patients in
p.000030: said establishment;
p.000030: -pharmacy preparation, any drug prepared in pharmacies according to the indications of the pharmacopoeia or a
p.000030: form recognized by the Malagasy State and intended to be dispensed directly to patients supplied by
p.000030: this pharmacy;
...

p.000034: Health, is classified as a dangerous experiment with obvious risk and engages the civil and criminal responsibility of
p.000034: his author.
p.000034: Section 3
p.000034: Pharmacovigilance
p.000034: Article 123.- “Pharmacovigilance” means the science and activities relating to detection,
p.000034: assessment, understanding and prevention of adverse effects or any other related problem
p.000034: to medicines or health products placed on the market, whether for a fee or free of charge, whether this risk is
p.000034: potential or proven. It also includes all centralization, control operations
p.000034: and dissemination of information on adverse drug reactions.
p.000034: Article 124.- The granting of a Marketing Authorization for a drug subjects the holder to the obligation
p.000034: to inform the Madagascar Medicines Agency of any "unexpected side effect" brought to its attention. This
p.000034: obligation applies to prescribers, dispensers and beneficiaries.
p.000035: 35
p.000035: The manufacturer of a licensed product or the importer must inform the Madagascar Medicines Agency of any
p.000035: withdrawal or suspension of the product in the country of origin, as soon as it becomes aware of it.
p.000035: Section 4
p.000035: Prescription
p.000035: Article 125.- The following are authorized to prescribe:
p.000035: - the doctors ;
p.000035: - hospital interns and externs;
p.000035: - internal medical interns under the authority of the doctor responsible for the service;
p.000035: - dental surgeons within the limits of a list determined by order of the Minister responsible for
p.000035: Health;
p.000035: - in the absence of a doctor, the paramedics within the limits of the lists of drugs
p.000035: authorized for each level of health facility.
p.000035: Any prescription must include the name, university title, specialty and address of the
p.000035: prescriber, the registration number for the Order in the event that the Order is established, name, age, weight and
p.000035: the address of the patient for whom the drug is prescribed, the name or international nonproprietary name of the
p.000035: prescribed drug or formula, the dosage and duration of treatment,
p.000035: date, stamp and signature of the prescriber.
p.000035: Except in cases provided for by the regulations in force, all prescribers of drugs are prohibited and
p.000035: other pharmaceuticals to receive in any form, directly or indirectly,
p.000035: interest or rebates proportional or not to the number of units sold.
p.000035: Section 5
p.000035: Preparation
p.000035: Article 126.- Only authorized to prepare medicines and other pharmaceutical products
p.000035: :
p.000035: - community pharmacists;
p.000035: - pharmacy assistants under the supervision of a pharmacist;
p.000035: - pharmacists from different public or private hospitals;
p.000035: - in public health facilities, paramedics within the limits of lists of pharmaceutical products
p.000035: allowed.
p.000035: Section 6
p.000035: From the dispensation
p.000035: Article 127.- By dispensation is meant the delivery to the public or to patients of medicines and other
...

p.000037: National Control of Pharmaceutical Advertising.
p.000037: Article 137.- Advertising must not be misleading or prejudice the protection of public health. She
p.000037: must present the medication or product in an objective manner and encourage its proper use.
p.000037: Advertising to the public for a drug is only allowed if the drug has
p.000037: obtained Marketing Authorization and that it is not subject to medical prescription.
p.000037: Advertising to the public for a drug is necessary accompanied by a message of caution and reference to the
p.000037: consult a doctor if symptoms persist.
p.000037: Advertising to the public for a specific drug as well as advertising campaigns to
p.000037: of the public for vaccinations are subject to a prior authorization of limited duration, called visa de
p.000037: advertisement issued by the Madagascar Medicines Agency. It is accompanied by a fixed fee, the amount of which is
p.000037: determined by joint order of the Minister of Health and the Minister of Finance and Budget.
p.000037: This visa is issued for a period which cannot exceed the duration of the Marketing Authorization.
p.000037: The conditions for granting, suspending or withdrawing the advertising visa are defined by order of the Minister responsible
p.000037: of Health.
p.000037: CHAPTER IV
p.000037: OF NARCOTICS, PSYCHOTROPES AND PRECURSORS
p.000037: Article 138.- The Ministry in charge of Health and the medical and paramedical personnel placed under its authority, the
p.000037: Health professions within the Private Sector, pharmacists participate in the implementation of Law No. 97-039
p.000037: of 04 November 1997 on the control of narcotic drugs, psychotropic substances and precursors in Madagascar as well
p.000037: that the implementation of the National Master Plan for the Fight against Drugs and Criminal Activities
p.000037: related.
p.000038: 38
p.000038: Article 139.- Narcotic means any plant or substance of natural or synthetic origin, except
p.000038: sedative, analgesic, narcotic or euphoric action which can cause addiction, drug addiction or
p.000038: addiction.
p.000038: The narcotic drugs subject to control appear in Tables I and II of the Geneva Single Convention on Narcotic Drugs
p.000038: of 1961, as amended by the Protocol of March 1972.
p.000038: Article 140.- We consider as psychotropic substances "all the original chemical substances
p.000038: natural or artificial which have a psychological tropism, that is to say likely to modify
p.000038: mental activity without prejudging the type of this modification. " Substances are subject to control
p.000038: psychotropic drugs classified according to their dependence potential and their degree of usefulness
p.000038: therapeutic listed in Tables I, II, III and IV of the Vienna Convention on Substances
p.000038: Psychotropics of February 21, 1971.
p.000038: Article 141.- Precursors mean substances used for the manufacture of narcotic drugs or
p.000038: psychotropic substances.
p.000038: Precursors subject to control are listed in Tables I and II of the United Nations Convention against Trafficking
...

p.000040: pharmacists, retailing and dispensing for free or free of charge drugs and other products
p.000040: subject to the same provisions, as well as breastmilk substitutes.
p.000040: Article 154.- Pharmacists and veterinarians are reserved for the preparation and wholesale and retail of
p.000040: medicines for veterinary use.
p.000040: The sale of sterile solutions for ocular lenses is reserved for pharmacists and opticians.
p.000040: contact.
p.000040: CHAPTER II
p.000040: OF THE PHARMACIST PROFESSION
p.000040: Article 155.- No one may exercise the profession of pharmacist unless he meets the following conditions:
p.000040: - hold a pharmacist diploma;
p.000040: - be of Malagasy nationality or a national of a country with which a reciprocity agreement has been signed
p.000040: and this, within the limit of a quota defined each year by order of the Minister of Health;
p.000040: - speak Malagasy fluently;
p.000040: - be resident in Madagascar;
p.000040: - not have any pharmaceutical activity outside the Malagasy territory;
p.000040: - be registered with the Table of the National Order of Pharmacists of Madagascar;
p.000040: - offer all guarantees of professional conduct;
p.000040: - register his diploma at the court office of the place where he operates, and this within one
p.000040: months from the date of taking up activity.
p.000040: Article 156.- No one may practice pharmacy outside a pharmaceutical establishment benefiting from a
p.000040: administrative authorization to open.
p.000040: No one can exercise in a private capacity the profession of pharmacist, laboratory of analysis of
p.000040: medical biology, import establishment, export, wholesale or production, if not there
p.000040: authorized by the competent administrative authority. This authorization does not exempt the pharmacist from
p.000040: other formalities related to the exercise of a commercial or liberal activity.
p.000041: 41
p.000041: For the specific case of civil servant pharmacists, they can, if they meet the conditions
p.000041: required in article 155 above, to open a pharmacy in his name, on authorization of the Ministry of supervision
p.000041: after advice from the National Council of the Order of Pharmacists and provided that they appoint a responsible pharmacist
p.000041: to direct the said dispensary.
p.000041: They are therefore subject to the obligations of responsible pharmacists, the terms of which are set by
p.000041: regulatory.
p.000041: Public pharmacists may, by derogation granted by decree issued by the Minister responsible for
p.000041: Health, practice as a responsible pharmacist, part-time according to well-defined specifications, in a
p.000041: pharmaceutical establishment of a public nature or in an inter-company non-profit organization. However,
p.000041: the authorization thus granted must be strictly personal and its validity automatically ceases in the event of
p.000041: replacement of the responsible Pharmacist initially concerned, in the name of the responsible Pharmacist successor.
p.000041: Article 157.- The responsible pharmacist working in an establishment manufacturing or preparing
p.000041: drugs and similar products must meet the conditions listed in article 155 concerning exercise
p.000041: of the pharmacist profession. Pharmacist responsible for a pharmaceutical industry must be in possession
p.000041: an industrial pharmacist diploma or a pharmacist diploma and a minimum of three years of experience
p.000041: recent in a pharmaceutical manufacturing facility.
p.000041: The responsible pharmacist supervises the activities of all other qualified persons in the establishment and
p.000041: determines their functions and attributions.
...

p.000042: drugs and similar products is prohibited, except derogations granted by order of the Minister responsible
p.000042: of Health, after consulting the Council of the National Order of Pharmacists.
p.000043: 43
p.000043: In the event of a dispute, the provisions of the Health Code and the Code of Ethics take precedence over those of the Commercial Code.
p.000043: Article 166.- An order of the Minister of Health determines the conditions required, the composition of the
p.000043: dossier as well as the criteria specific to each type of pharmaceutical establishment and their location
p.000043: of implantation on the National Territory.
p.000043: The authorization request is sent to the Minister of Health by the pharmacist already responsible
p.000043: designated. It gives rise to the collection of a fixed fee, the amount of which is determined by joint decree of the Minister
p.000043: responsible for Health and the Minister responsible for Finance and Budget.
p.000043: Article 167.- Authorization is granted by the Minister of Health after consulting the Council of
p.000043: the National Order of Pharmacists. It is granted or refused within three (3) months of the filing of the
p.000043: authorization request. The refusal of authorization must be justified.
p.000043: The authorization to open and operate a pharmaceutical establishment is granted for a period
p.000043: indefinite.
p.000043: Article 168.- The opening and operation of any pharmaceutical establishment manufacturing, distributing
p.000043: wholesale and import are subject to the effective practice of a Responsible Pharmacist.
p.000043: Article 169.- Any pharmaceutical establishment manufacturing, distributing, dispensing and
p.000043: of sale is subject to inspection by pharmacist-inspectors under the authority of the Medicines Agency of
p.000043: Madagascar.
p.000043: However, medical inspectors and district health chiefs can inspect the depots of medicines
p.000043: of their constituency.
p.000043: Article 170.- In the interest of public health, the Minister of Health may, upon report and
p.000043: opinion of a pharmacist-inspector and after opinion of the Council of the National Order of Pharmacists, order
p.000043: any time the temporary closure of a pharmaceutical establishment for a period of three (03) months maximum if
p.000043: the conditions linked to the grant are no longer met.
p.000043: After a written notice remained ineffective at the end of the period granted, the Minister of Health
p.000043: may, on the proposal of the Madagascar Medicines Agency or the Directorate for the Management of
p.000043: Health, Laboratory and Traditional Medicine (DGILMT) inputs, revoke the authorization.
p.000043: The decision to temporarily or permanently withdraw the authorization to open and operate an establishment
p.000043: must be motivated.
p.000043: Article 171.- Any substantial modification of the initial conditions of installations, equipment or
p.000043: of the organization of the establishment must also be authorized by the Minister of Health, according to the
p.000043: same procedure as that provided for in article 163 of this Code.
p.000043: Article 172.- The cessation of the activities of a pharmaceutical establishment which has been the subject of an authorization must
p.000043: be notified to the Minister of Health at least three (3) months before the date scheduled for said termination and must
p.000043: be made known to the public by insertion in the Official Journal of the Republic.
p.000043: Article 173.- Any establishment manufacturing, wholesaling and dispensing medicines has
...

p.000050: issued for the benefit of an already functional drug depot after a period of three months from the effective opening of
p.000050: the pharmacy.
p.000050: In accordance with the above provisions and by retroactive effect of the law and from the date of signature of the
p.000050: this law, any legally or unopened medication depot within a radius of
p.000051: 51
p.000051: less than ten kilometers (10 km) from an existing pharmacy must cease all activity and close the depot concerned.
p.000051: In this case, an order of the Minister of Health fixes the repeal of the authorization to open
p.000051: the deposit of the drugs concerned upon referral to the Pharmacist knowingly. This decree must
p.000051: apply, as of its publication, and is not subject to any appeal before the Courts and the Council of State of the
p.000051: Supreme Court.
p.000051: Without prejudice to the sanctions provided for by the Penal Code in matters of illegal exercise of a profession, any
p.000051: transgression exposes the offender to the penalties provided for under the provisions of article 332
p.000051: of this Code.
p.000051: Article 203.- In the event of violation of the rules of practice for the depositary of medicines requiring the
p.000051: closure of the disputed depot, the District Inspector Doctor, after having noted it, draws up a report
p.000051: the original of which is sent to the competent administrative authorities for the purpose of ordering the closure of
p.000051: depots of medicines that have lapsed. A copy of the said report must be notified by
p.000051: administrative to the relevant depositaries who acknowledge receipt.
p.000051: The administrative authority only orders the closure of the Establishment, the material execution of
p.000051: the act belongs to another authority, either to the Bailiff, or to the Agent Verbalisateur. However, the
p.000051: closure of a drug depot cannot in any way give rise to action for compensation
p.000051: against the state.
p.000051: Article 204.- It is strictly forbidden for the drug dealer to use the signs
p.000051: exclusively reserved for pharmacies, in particular the mention "pharmacy", the emblematic green cross
p.000051: from a pharmacy and the caduceus.
p.000051: CHAPTER II
p.000051: PHARMACIES WITH SPECIAL MANAGEMENT
p.000051: Article 205.- By District Wholesale Pharmacy (PHAGDIS) is meant the storage warehouse for products
p.000051: pharmaceuticals located in the capital of each health district. It is intended to supply medicines,
p.000051: medical consumables, contraceptives and laboratory reagents Reference Hospital Centers
p.000051: District and Public and private non-profit Basic Health Centers within the district.
p.000051: Article 206.- By Community Management Pharmacy (PHAGECOM) is meant the storage and dispensing room on
p.000051: prescription, pharmaceuticals to patients. It is located in the Home Health Unit and is managed
p.000051: co-managed by designated representatives of the communities and the heads of the Health Center.
p.000051: Regulatory texts define the rules governing PHAGDIS and PHAGECOM.
p.000051: CHAPTER III
p.000051: MEDICINAL PLANTS AND OTHER PRODUCTS OF NATURAL ORIGIN
p.000051: Article 207.-By phytotherapy is meant the treatment of diseases with medicinal plants.
p.000051: Article 208.- Medicinal plant means any plant, the whole or part of which, delivered as it is, presents a
p.000051: curative or preventive virtue scientifically proven or traditionally recognized.
p.000051: Article 209.- Herbal tea means dried plants and mixtures of plants, prepared in advance for
p.000051: use as an infusion or decoction.
p.000052: 52
p.000052: Herbal teas are subject to the provisions on herbal medicines.
p.000052: By product of natural origin is meant any natural product other than plants
p.000052: medicinal products, such as minerals or animal products, used either as is or in the form of
p.000052: preparation, for therapeutic use.
p.000052: Article 210. The Malagasy Traditional Pharmacopoeia Commission, placed under the authority of the Minister responsible for
p.000052: Health, has the task of gathering information concerning plants and other natural products
p.000052: likely to be used in therapy and to codify their use and the preparation of drugs
p.000052: galenics that are made of it. A decree will fix its composition, the appointment of its members and its mode of
p.000052: operation.
p.000052: The sale of herbal medicines, the manufacture and sale of herbal medicines are
p.000052: set by decree taken in the Council of Government on the proposal of the Minister of Health.
p.000052: BOOK IV
p.000052: CONTROLLING CONTAGIOUS DISEASES AND OTHER SOCIAL FLOWERS
p.000052: FIRST TITLE
p.000052: TUBERCULOSIS CONTROL
p.000052: Article 211.- Within the framework of the National Tuberculosis Control Program and that of the Expanded Program of
p.000052: Vaccination, vaccination with the BCG tuberculosis vaccine is compulsory at birth.
p.000052: Article 212.- A decree taken on the report of the Minister of Health, after the assent of the Commission
p.000052: National Hygiene and Health, determines the modalities of application concerning the vaccination technique by
p.000052: BCG tuberculosis vaccine, possible contraindications, revaccination practice, control of reactions
p.000052: tuberculin patients before or after vaccination.
p.000052: Article 213.- The tuberculosis mutual aid and health education committees ensure, under the supervision of the doctors
p.000052: phtisiologists for the Regions and the Communes:
p.000052: at. assistance to tuberculosis patients or their families;
p.000052: b. the organization of anti-tuberculosis health propaganda.
p.000052: The reinforcement and the effective implementation of the functioning of these committees will be the subject of an Order of the Minister
p.000052: responsible for health.
p.000052: Article 214.- As part of the pursuit of the National Tuberculosis Control Program, this
p.000052: the latter continues to be included in the list of notifiable diseases throughout the territory of the
p.000052: Republic of Madagascar.
p.000052: Article 215.- The sale of anti-tuberculosis drugs may be declared prohibited at the pharmacy and
p.000052: drug depots, on the proposal of the Minister of Health to prevent the emergence of resistant strains
p.000052: to anti-tuberculosis drugs by improper and uncontrolled use of these products.
p.000052: To avoid a shortage of anti-tuberculosis drugs, the supply from the central level must be
p.000052: regular.
p.000052: Any patient recognized as having tuberculosis must follow treatment according to the schemes and rules recommended by the
p.000052: National Tuberculosis Control Program. In case of change of residence, the patient must warn
p.000052: his attending physician who forwards the file of the patient concerned to the new attending physician by
p.000052: through the District Medical Inspector.
p.000053: 53
p.000053: Any patient recognized as having tuberculosis who refuses to submit to hygiene measures or bacteriological examinations,
p.000053: control required by his condition, or who has not completed the prescribed treatment, must be the subject of a measurement
p.000053: determined by the attending physician and / or by the local administrative authority.
p.000053: TITLE II
p.000053: THE FIGHT AGAINST LEPROSY
p.000053: Article 216.- All patients with leprosy recognized must be officially registered at the Training level
p.000053: Public health authority responsible for his residence, on a register established for these purposes.
p.000053: Article 217.- Any patient undergoing treatment must, in the event of transfer of residence, notify their doctor
p.000053: treating who brings the patient's file to life for the new treating doctor through the
p.000053: District Doctor or Inspector at the Leprosy Service of the Ministry of Health in Antananarivo.
p.000053: Any patient recognized as having leprosy must undergo treatment according to the scheme and rules recommended by the
p.000053: National Leprosy Program. In case of refusal, the local health and administrative authorities can be
p.000053: seized for compulsory processing.
p.000053: Hospitalization is not compulsory, except for the complicated cases mentioned in the guidelines
p.000053: techniques of the Ministry of Health. Patients in treatment retain their rights at work and their
p.000053: professional privileges.
p.000053: Article 218.- Associations or Committees for the Fight against Leprosy and for health education, the creation of which may be
p.000053: provoked by the Minister of Health, provide aid to lepers and their families, as well as the organization
p.000053: health propaganda favorable to leprosy control. The organization and functioning of these Associations
p.000053: or Committees are set by order of the Minister of Health.
p.000053: Article 219.- After consulting the National Hygiene and Health Commission, and on the proposal of the Minister responsible for
p.000053: Health, leprosy can be qualified, by decree, reportable disease on all or part of the
p.000053: territory of the Malagasy Republic.
p.000053: TITLE III
p.000053: OF THE FIGHT AGAINST MALARIA
p.000053: Article 220.- The management of malaria cases at home is supported by a system of
...

p.000053: community-based malaria as well as the creation of a Technical Advisory Monitoring and Orientation Committee
p.000053: distribution channel.
p.000053: Article 221.- Promoting the wide use of insecticide-treated mosquito nets is one of the
p.000053: government bonds.
p.000054: 54
p.000054: Part of the supply of mosquito nets and insecticides can be left
p.000054: from the private sector. But the quality control of insecticides is the responsibility of the state.
p.000054: Re-impregnation of mosquito nets can be carried out by community associations and NGOs. But control
p.000054: technical, the supervision of the re-impregnation operations are part of the obligations of the State.
p.000054: The malaria control service determines the vector control strategy in an area
p.000054: ecoepidemiological given. The decision to implement domestic insecticide operations
p.000054: remanent effect returns to the state. The conduct of insecticide spraying operations
p.000054: returns to district health officials as part of the alert system for the fight against
p.000054: epidemics.
p.000054: Special measures to protect the environment and human health from health risks and
p.000054: environmental conditions linked to the chemicals used must be fixed by regulatory texts of the
p.000054: Ministries in charge of Health and the Environment.
p.000054: TITLE IV
p.000054: OF THE FIGHT AGAINST THE PLAGUE
p.000054: Article 222.- The detection of cases of human plague is carried out on a suspect living person and by control
p.000054: deaths and possibly post-mortem samples.
p.000054: Article 223.- Plague is a reportable disease. Any plague or suspect case should be
p.000054: immediately reported by any staff who have knowledge of it to the authority or, failing that, to the administrative authority
p.000054: the closest.
p.000054: Article 224.- The verification of deaths and post-mortem samples take place each time that the control
p.000054: shows grouped, abnormal mortality and whenever there is a suspicion, clinical or
p.000054: epidemiological plague.
p.000054: Forensic pathologists or medical examiners and their delegates have the right to enter the
p.000054: dwellings where the deceased are found and, in the event of suspicious death, to carry out all the samples
p.000054: required. They operate in the presence of one or two members of the fokonolona.
p.000054: Post-mortem samples can be made systematic in threatened districts, for a time
p.000054: determined, by order of the Minister of Health on the proposal of the competent authority at the Regional level.
p.000054: Post-mortem samples must be taken from the corpses of any person who died on
p.000054: the territory of the Districts thus determined.
p.000054: Article 225.- Verification of deaths and direct debits from deceased persons may be
p.000054: required by the health authority, or ordered upon even verbal requisition, and thus be carried out by
p.000054: free doctors, in localities where there is no doctor or paramedic authorized for this purpose, and this,
p.000054: without remuneration.
p.000054: In the case of a suspicious death or a death occurring in a verification zone
p.000054: compulsory, burial may be carried out after verification of death and the necessary samples, without waiting
p.000054: the result of laboratory examinations.
p.000054: Patients with plague or suspected of having plague are isolated according to instructions
p.000054: given by health authorities. Isolation can take place in hospital or at home
p.000054: Anyone suffering from plague or suspected of having plague must comply with the
p.000054: medical prescriptions until the danger of contagiousness disappears.
p.000055: 55
p.000055: Article 226.- Persons having been in direct or indirect contact, under conditions making it possible
p.000055: transmission of the plague, with plague victims or with patients suspected of plague, are subject to
p.000055: sulfonamide chemoprophylaxis in accordance with technical guidelines. The duration of the isolation is fixed at ten (10)
p.000055: full days.
p.000055: People who have been in contact with plague victims or patients suspected of plague, staff members
p.000055: health of the various prophylaxis teams must comply with medical prescriptions, in particular
p.000055: particularly with regard to disinfection, disinsectization and chemo-prophylaxis measures.
p.000055: Article 227.- The reopening of a tomb or a grave in which a plague victim has been buried may have
p.000055: place after a deadline set by the relevant health authority. The exhumation is subject to the authorization of
p.000055: administrative authority and is carried out under the supervision of the Physician-Inspector or a competent health worker
p.000055: who can represent it.
p.000055: Article 228.- The circulation and transport of all goods or all susceptible goods, either
p.000055: to be contaminated, either to be a vector of fleas or rats, are prohibited inside
p.000055: districts contaminated with plague, unless authorized by the Health Authority.
p.000055: The exit of any goods or any goods likely either to be contaminated, or to be flea vectors
p.000055: or rats outside of a plague-infected district is prohibited unless authorized by
p.000055: the health authority.
p.000055: Any means of transport leaving a recognized contaminated district must be
p.000055: subject to insecticide by contact insecticides, according to the prescriptions of the health authority. A
p.000055: disinsection certificate will be issued to the skipper.
p.000055: Article 229.- Measures to be adopted against the plague germ, against the vector and against the virus reservoir
p.000055: sailor, are ordered by the local health authority and executed under its control.
p.000055: Article 230.- The fight against the plague requires the treatment of the sick, medical surveillance and
p.000055: chemo-prophylaxis of the subjects contacted as well as disinsectisation of the contaminated region and surveillance
p.000055: Epidemiological. No one may object to the application of these measures.
p.000055: TITLE V
p.000055: OF THE FIGHT AGAINST OTHER CONTAGIOUS DISEASES
p.000055: AND THE CASES OF OTHER EMERGING AND RE-EMERGING DISEASES
p.000055: Article 231.- The organization of the fight against other contagious diseases in general, and the fight against
p.000055: cancer, mental illnesses, debilitating illnesses and other cases of social ills is governed by
p.000055: the laws and regulations in force, under the leadership of the Minister of Health and all other authorities
p.000055: competent sanitary and administrative departments.
p.000055: TITLE VI
p.000055: OF THE FIGHT AGAINST DIARRHEIC INFECTIOUS DISEASES INCLUDING CHOLERA
p.000055: Article 232.- Communicable diarrheal diseases, in general, and cholera in particular, must
p.000055: must be declared by public and private health professionals to the authority
p.000055: competent sanitary. Any case of cholera must be notified as soon as possible.
p.000055: the World Health Organization by the aforementioned competent health authority. The first suspected cases
p.000055: cholera occurring in an area previously considered free must be confirmed in the laboratory and
p.000055: results communicated to the World Health Organization as soon as possible by the same health authority
p.000055: competent.
p.000056: 56
p.000056: Article 233.- There is suspicion of cholera when:
p.000056: - in an area apparently spared from cholera, an acute episode of watery diarrhea
p.000056: usually accompanied by vomiting causes severe dehydration or death in an elderly patient
p.000056: more than five (5) years;
p.000056: - in an area where an outbreak of cholera breaks out, a patient aged two (2) years suffers from watery diarrhea
p.000056: acute with or without vomiting.
p.000056: An outbreak of cholera should be mentioned in the following cases:
p.000056: - a patient over five (5) years old presents with severe dehydration or succumbs to an acute episode
p.000056: watery diarrhea;
p.000056: - there is a sudden increase in the daily number of acute cases of watery diarrhea,
p.000056: especially if it is watery "rice-like" stools, containing lumps typical of cholera.
p.000056: Article 234.- In order to eliminate any danger of the spread of cholera, it may be taken by the Minister responsible for
p.000056: Health a decree establishing a state of alert in a locality or a localized geographic region and where
p.000056: must be applied, for an indefinite period, hygiene and prophylaxis measures.
p.000056: To this end, anyone entering or leaving an infected area must be subject to prophylactic measures.
p.000056: Article 235.- For better prevention against cholera epidemics, the authorities concerned
p.000056: collaboration with the Ministry of Health must ensure populations have access to safe water and
p.000056: properly treated, good environmental sanitation and food safety.
p.000056: To promote the use of latrines, the concept of hygiene and sanitation must be part of
p.000056: school programs to instill in students and awareness-raising actions carried out in particular in the area
...

p.000064: governmental and respecting in particular the following precepts:
p.000064: - allocation of a percentage of public funds for mothers and health care for children;
p.000064: - creation of preventive and specialized care programs for people with motor, sensory or mental disabilities;
p.000064: - creation of programs for the social integration of disabled people and adolescents
p.000064: disadvantaged through specialized training and oriented towards their integration into life
p.000064: professional and community;
p.000064: - creation of specialized prevention and treatment programs for children and young people who consume
p.000064: narcotics and related drugs.
p.000065: 65
p.000065: TITLE III
p.000065: SCHOOL AND UNIVERSITY HEALTH
p.000065: Article 275.- Medical services concerned with the health of university students,
p.000065: grandes écoles and other institutions, private or public, of higher level, as well as pupils and
p.000065: teaching staff from secondary, technical and educational establishments
p.000065: base are organized by decree taken in the Government Council on the proposal of the
p.000065: Minister of Health.
p.000065: The regulations thus provided must in particular govern:
p.000065: - the attributions of the services;
p.000065: - the place they occupy within the general organization of the Ministry and the communities
p.000065: territorial;
p.000065: - the establishment of compulsory periodic medical examinations, subject to control and monitoring under
p.000065: the authority of the Ministry of Health;
p.000065: - the implementation of a policy to promote hygienic conditions, sanitation of
p.000065: university and school infrastructure and good, nutrition and food safety;
p.000065: - the enumeration of measures relating to the national health policy which should strengthen the programs
p.000065: measures, in particular for children, and in order to generate, within communities and families,
p.000065: behavioral changes with regard to compliance with collective hygiene rules;
p.000065: - the vaccination obligation for all children, before admission to a school;
p.000065: - the obligation for all students to meet the vaccinations declared compulsory during schooling.
p.000065: Article 276.- The Minister of Health is concerned with respecting the norms and standards of
p.000065: "Health school".
p.000065: The regulations thus provided must in particular govern:
p.000065: - the installation of norms and standards in school health, whether at service level
p.000065: medical than at school and university level;
p.000065: - monitoring their effective application at all levels;
p.000065: - the participation of the Hygiene and Health Committee in the establishment of the components of "the school
p.000065: health ”for sustainability;
p.000065: - monitoring their effective application in schools.
p.000065: The terms of implementation and application of the previous two articles must be specified by
p.000065: regulatory route.
p.000065: TITLE IV
p.000065: PROTECTION OF THE FAMILY AND SOCIAL RIGHTS OF THE CHILD
p.000065: Article 277.- In addition to the provisions of Law No. 2007-023 of August 20, 2007 on the rights and protection of children,
p.000065: from birth, every child has the right to civil registration.
p.000065: Without prejudice to the provisions of Law No. 61-025 of October 9, 1961, as amended by Law No. 90-015 of July 1990
p.000065: relating to civil status acts, deliveries attended by doctors and midwives
p.000065: obligation to the latter, from the birth of the child or failing this, within a period not exceeding twelve days from
p.000065: from birth, to send a certificate to the registrar of the place of delivery
p.000065: indicating that the birth of the child occurred on a given day, at a certain time, at a certain location.
p.000066: 66
p.000066: The child's surname, chosen by the mother or the recognized competent parental authority, must appear in
p.000066: the certificate.
p.000066: Article 278.- Without prejudice to the provisions of the Law relating to acts of civil status and those of laws
p.000066: civil, the registrar is required, upon receipt of the certificate, to write immediately
p.000066: the birth certificate and signing with the declarant. Nevertheless, in case of doubt about the authenticity
p.000066: of the declarations contained in the certificate, the Civil Status Officer may have the sincerity of said said checked
p.000066: statements by a doctor or midwife other than the declarant. The doctor or midwife responsible for
p.000066: control must come from one of the Public Health Facilities at the place of delivery or, failing that, from a
p.000066: Public Health Facility closest to the place of delivery.
p.000066: More particularly and with a view to promoting the protection of the rights of the child, in the event of ill-treatment suffered by
p.000066: child, medical confidentiality must be lifted.
p.000066: BOOK VII
p.000066: LABORATORIES
p.000066: FIRST TITLE
p.000066: LABORATORIES OF MEDICAL ANALYSIS
p.000066: FIRST CHAPTER
p.000066: GENERAL PROVISIONS
p.000066: Article 279.- Medical laboratory means any establishment, whose essential activity
p.000066: consists in carrying out, on medical prescription, or from health workers, biological analyzes, tests and samples,
p.000066: which make it possible to highlight a biological or physiological modification, a pathogenic agent or a
p.000066: allergenic agent and contribute to the diagnosis, treatment, prevention of diseases,
p.000066: health check or pregnancy report.
...

p.000071: 71
p.000071: under conditions defined by decree taken by the Government Council on the proposal of the Minister of Health.
p.000071: Article 302.- The collection of human blood or its components for therapeutic use does not
p.000071: can be done only by an organization or a blood transfusion establishment approved by the Minister of Health
p.000071: for these purposes.
p.000071: Technical approval can only be granted to an organization fulfilling all the defined conditions
p.000071: by regulation. It is granted for a fixed term and is renewable.
p.000071: The blood establishment concerned is subject to technical, sanitary and
p.000071: defined in the regulations. It must be organized taking into account the distribution criteria
p.000071: geographic, demographic and health planning.
p.000071: Article 303.- In the event of the identification of a blood transfusion to a patient, whatever his condition, the
p.000071: blood transfusion accompanied by a specific examination to confirm its safety is mandatory.
p.000071: Article 304.- a National Transfusion Center is created within the Ministry responsible for Health
p.000071: Sanguine, abbreviated as "CNTS", responsible for organizing the collection, preparation, throughout the National Territory
p.000071: the storage and distribution of blood and its derivatives.
p.000071: Depending on the needs, as referred to in the previous article, the National Center for Blood Transfusion can be
p.000071: supported in its missions:
p.000071: • by Regional Blood Transfusion Centers, abbreviated as “CRTS”, at the level of Hospital Centers
p.000071: Academics and Regional Reference Hospital Centers;
p.000071: • and by Blood Transfusion Stations abbreviated as “PTS”, at the level of District Hospital Centers
p.000071: 2.
p.000071: Regional Blood Transfusion Centers and Blood Transfusion Stations are under the authority
p.000071: administrative of the National Center for Blood Transfusion. PTS operate as antennas of
p.000071: CRTS.
p.000071: The methods of organization and operation of the National Center for Blood Transfusion, the Centers
p.000071: Regional Blood Transfusion and Blood Transfusion Stations are fixed by decree taken in Council
p.000071: of government on the proposal of the Minister of Health.
p.000071: The blood transfusion establishments, CRTS and PTS, exercise a public health mission in the
p.000071: part of the public blood transfusion service. They are the only establishments authorized to collect blood or its
p.000071: components, prepare blood products from blood, and distribute them under the direction and responsibility
p.000071: from a doctor or pharmacist.
p.000071: Only the Directors of the National Center for Blood Transfusion and the establishments of
p.000071: blood transfusion of doctors specialized in blood transfusion, or in public health, or in biology,
p.000071: or pharmacists registered with the Professional College to which they report by appearing on an aptitude list.
p.000071: A decree issued by the Government Council on the proposal of the Minister of Health determines the conditions
p.000071: in which the aptitude list is established, and in particular the specialized training and experience
p.000071: a practice which directors must justify.
p.000071: The Directors are appointed by decree taken in the Council of Ministers on the proposal of the Minister responsible for
p.000071: health.
p.000071: The level of activity at CRTS and PTS level can justify a part-time Director position.
p.000072: 72
p.000072: Article 305.- Each approved establishment organizes, in accordance with the directives of the National Center for Blood Transfusion,
p.000072: the collection and distribution of blood and its derivatives in its area of ​​application. Distribution is by
p.000072: through hospital posts or depots under his responsibility. No deposit can be
p.000072: organized outside a hospital. Each post or depot is placed under the authority of a doctor
p.000072: responsible.
p.000072: The level of activity at the depot level can justify a function of responsible on time
p.000072: part.
p.000072: Article 306.- The import and export of human blood and its derivatives are reserved for the National Center for
p.000072: Blood transfusion. If these are industrially prepared products, their list is established by order of
p.000072: Minister of Health.
p.000072: Only establishments holding approval can distribute it throughout the
p.000072: National territory.
p.000072: Article 307.- The Minister of Health adopts by decree, on the proposal of the director of the National Center for
p.000072: Blood transfusion, the regulations concerning:
p.000072: - the technical conditions for determining blood groups;
p.000072: - tests used to check the compatibility of the donor's blood with that of the recipient as well as the
p.000072: precautions that must surround the use of blood and its derivatives;
p.000072: - the criteria for the election of donors and their periodic medical surveillance;
p.000072: - the conditions and procedures for collecting, preparing, storing and delivering human blood and
p.000072: its derivatives;
p.000072: - the manufacturing standards and quality controls which must be met by the blood products produced
p.000072: and imported;
p.000072: - the facilities and equipment necessary for blood transfusion;
p.000072: - the collection area of ​​each establishment;
p.000072: - the tariffs for the transfer of blood products.
p.000072: Article 308.- The Minister of Health approves on the proposal of the Director of the National Center for Transfusion
p.000072: Sanguine the regulations which specify the organization and functioning of the Sanguine Transfusion Center on
p.000072: throughout the national territory. These regulations set the operating procedures for the emergency service,
...

p.000076: three and a half years and a fine of 150,000 Ariary to 1,500.00 Ariary or one of these two sentences only.
p.000076: In the event of recidivism, the penalties will be doubled.
p.000076: Are also prohibited, under penalty of the same penalties:
p.000076: - delivery for human consumption of water deemed not to be potable;
p.000076: - fraud, adulteration, marketing of adulterated food,
p.000076: corrupt or toxic products intended to falsify food and incitement to
p.000076: falsification as well as any attempt at the wrongdoings listed above.
p.000077: 77
p.000077: The foregoing provisions refer to the “polluter pays” principles, in Law No.
p.000077: 98-029 of 20 January 1999 relating to the Water Code and to Law No. 99-021 of 9 August 1999 on the management and
p.000077: control of industrial pollution.
p.000077: Article 330.- Any concession holder of a drinking water distribution which, through inattention, negligence, lacks
p.000077: of precaution, non-observance of sanitary regulations or prescriptions of specifications caused the
p.000077: delivery of drinking water likely to harm the health of the public or any polluter is punishable by
p.000077: fine of 18,000 Ariary to 600,000 ariary and imprisonment of one month to six months or both
p.000077: penalties only, without prejudice to the provisions of Law No. 98-029 of 20 January 1999 on the Water Code, in the
p.000077: material. In the event of recidivism, the penalties will be doubled.
p.000077: Article 331.- Any individual who refuses to submit to the emergency requisitions, addressed to him, by an agent qualified in
p.000077: its quality as a public