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
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:
(return to top)
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:
(return to top)
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:
(return to top)
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:
(return to top)
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:
(return to top)
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:
(return to top)
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:
(return to top)
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
...
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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
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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.
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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
...
Searching for indicator property:
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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:
(return to top)
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:
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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 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.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.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.
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;
...
General/Other / declaration of helsinki
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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;
...
Orphaned Trigger Words
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.000010: August 1999 on the policy for the management and control of industrial pollution, hygiene measures intended
p.000010: the protection of drinking water and the elimination of all sources of water pollution are among the
p.000010: an integral part of general health protection actions insofar as they protect against
p.000010: pollution of water resources and where they conserve drinking water in quantity and quality.
p.000010: The standards of drinking water are defined by decree taken in the Council of Government on the proposal of the Minister
p.000010: concerned. All water intended for human consumption must undergo physico-chemical analysis and
p.000010: bacteriological by Laboratories approved by the Ministries in charge of Health and Water.
p.000010: Article 29.- Pollution means all spills, flows, discharges, direct and indirect deposits of materials
p.000010: of any kind and more generally, of all facts likely to cause or increase the degradation of
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.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.000012: must be instituted in establishments in order to ensure separate management of waste according to
p.000012: their nature and the risks involved. A waste management plan must be drawn up and implemented in each
p.000012: establishment.
p.000012: Article 36.- It belongs to natural or legal persons whose activities are at the origin of
p.000012: ordinary or special solid waste to put back in the circuit guaranteeing the protection of
p.000012: the environment by all the means that modern and accessible techniques make available to them:
p.000012: central storage, recovery, recycling, incineration, landfill, composting.
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.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.000044: Any pharmacist whose diploma is already registered for the operation of a pharmaceutical establishment
p.000044: or from a pharmacy or in any capacity whatsoever can associate with one or more pharmacists whose
p.000044: or the diplomas are not yet registered for the creation of a pharmacy. The pharmacy
p.000044: newly created must be managed by the associate pharmacist whose diploma is not yet registered. A pharmacist
p.000044: cannot be associated with more than two pharmacies.
p.000044: The share capital must belong in full to one or more pharmacists who have fulfilled the conditions
p.000044: of practice of the pharmacy on the national territory.
p.000044: Article 177.- Pharmacists are also authorized to set up individually or between themselves a company with
p.000044: limited liability for the operation of up to two pharmacies, provided that
p.000044: comply with paragraphs 6, 7 and 8 of article 176, regardless of the number of pharmacists associated and
p.000044: that the management of the dispensary is ensured by one or more of the associated pharmacists.
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
...
Appendix
Indicator List
| Indicator | Vulnerability |
|---|
| HIV | HIV/AIDS |
| abuse | Victim of Abuse |
| access | Access to Social Goods |
| access to information | Access to information |
| age | Age |
| alcoholism | alcoholism |
| armedXforces | Soldier |
| authority | Relationship to Authority |
| autonomy | Impaired Autonomy |
| breastfeeding | breastfeeding |
| child | Child |
| children | Child |
| criminal | criminal |
| dependence | Drug Dependence |
| disabled | Mentally Disabled |
| drug | Drug Usage |
| education | education |
| educational | education |
| elderly | Elderly |
| embryo | embryo |
| emergency | Public Emergency |
| faith | Religion |
| family | Motherhood/Family |
| genetic heritage | genetic heritage |
| helsinki | declaration of helsinki |
| home | Property Ownership |
| hospitalized | hospitalized patients |
| ill | ill |
| illegal | Illegal Activity |
| illness | Physically Disabled |
| impairment | Cognitive Impairment |
| incapable | Mentally Incapacitated |
| incapacity | Incapacitated |
| infant | Infant |
| intoxication | Intoxication |
| marital status | Marital Status |
| mentally | Mentally Disabled |
| military | Soldier |
| minor | Youth/Minors |
| mothers | Mothers |
| nation | stateless persons |
| officer | Police Officer |
| opinion | philosophical differences/differences of opinion |
| party | political affiliation |
| police | Police Officer |
| poverty | Economic/Poverty |
| pregnant | Pregnant |
| prison | Incarcerated |
| property | Property Ownership |
| prostitution | sex worker |
| schooling | education |
| sensory | sensory impairment |
| sexually transmitted | sexually transmitted disases |
| sick | Physically Ill |
| single | Marital Status |
| substance | Drug Usage |
| threat | Threat of Stigma |
| trauma | Victim of Abuse |
| union | Trade Union Membership |
| victim | Victim of Abuse |
| violence | Threat of Violence |
| vulnerable | vulnerable |
| women | Women |
Indicator Peers (Indicators in Same Vulnerability)
| Indicator | Peers |
|---|
| abuse | ['trauma', 'victim'] |
| armedXforces | ['military'] |
| child | ['children'] |
| children | ['child'] |
| disabled | ['mentally'] |
| drug | ['substance'] |
| education | ['educational', 'schooling'] |
| educational | ['education', 'schooling'] |
| home | ['property'] |
| marital status | ['single'] |
| mentally | ['disabled'] |
| military | ['armedXforces'] |
| officer | ['police'] |
| police | ['officer'] |
| property | ['home'] |
| schooling | ['education', 'educational'] |
| single | ['maritalXstatus'] |
| substance | ['drug'] |
| trauma | ['victim', 'abuse'] |
| victim | ['trauma', 'abuse'] |
Trigger Words
capacity
consent
cultural
developing
ethics
harm
justice
protect
protection
risk
Applicable Type / Vulnerability / Indicator Overlay for this Input