PUBLIC HEALTH Law 27491 Control of vaccine-preventable diseases. The Senate and Chamber of Deputies of the Argentine Nation assembled in Congress, etc. sanction with force
Law:
Article 1 - The purpose of this law is to regulate the implementation of a public policy for the control of vaccine-preventable diseases.
Article 2 - For the purposes of this law vaccination is understood as a preventive and highly effective public health strategy. It is regarded as a social good, subject to the following principles:
(a) Gratality of vaccines and access to vaccination services, with social equity for all stages of life;
(b) Dangerousness to the population of the application of vaccines;
(c) Prevalence of public health over the particular interest;
(d) Availability of vaccines and vaccination services;
(e) Participation of all sectors of health and others linked to their social determinants in order to achieve satisfactory vaccination coverage on a sustained basis.
Art. 3 - Determine vaccination as of national interest, by understanding research, epidemiological surveillance, decision-making based on evidence, acquisition, storage, distribution, provision of vaccines, ensuring the cold chain, as well as its production and measures to promote vaccination in the population and strengthen the monitoring of the safety of vaccines.
Art. 4° - The expenditure that demands compliance with this law must be charged to the provisions of the general budget of the public administration corresponding to the area of the person exercising as the authority of application, which must guarantee the acquisition of the inputs required for compliance in accordance with the provisions of this Act. Focus on biological inputs, syringes, needles, discarders, and unified vaccination card -CUV-.
Article 5: The authority for the implementation of this Act shall be established by the national executive branch, coordinating its action with the competent jurisdictional authorities and the relevant agencies.
Article 6 - Approve the National Vaccination Calendar established by the implementing authority.
Art. 7° - The vaccines of the National Vaccination Calendar, recommended by the health authority for groups at risk and those indicated in an epidemiological emergency situation, are mandatory for all inhabitants of the country according to the guidelines established by the implementing authority.
Art. 8° - The vaccines indicated by the implementing authority are mandatory for all persons who develop activities in the field of health that have contact with patients, whether in public or private establishments, and for those who perform tasks in laboratories exposed to biological samples that may contain preventable microorganisms through vaccines.
Article 9: Compliance with the National Vaccination Calendar is credited with the presentation of the certification in accordance with the guidelines determined by the application authority.
Art. 10.- Parents, guardians, curators, guardians, legal representatives or caregivers of children, adolescents or incapable persons are responsible for the vaccination of persons in their care.
Art. 11.- Members of educational and health establishments, public or private, and any public agent or official who has knowledge of the failure to comply with the provisions of articles 7o, 8o, 10 and 13 of this Act shall communicate this circumstance to the administrative authority for the protection of rights at the local level, subject to the expectation of responsibility for such omission, under the Act on the Comprehensive Protection of the Rights of Children and Adolescents, Act No. 26.061.
Art. 12.- The registration of the application of the vaccine, upon the authorization of the employer, justifies the working insistence of the day of the application, both for the vaccinated and for those responsible for the person in charge, in accordance with article 10. In no circumstances will there be loss or decrease in salaries, wages or awards for this concept.
Art. 13.- The certification of compliance with the National Vaccination Calendar must be required in the proceedings for:
(a) Income and graduate of the compulsory and optional, formal or informal cycle;
(b) Conduct of medical health examinations conducted under Act No. 24,557 on occupational risks;
(c) Processing or renewal of UD, passport, residence, pre-nupial certificate and driver ' s license;
(d) Processing of family allowances in accordance with Act No. 24,714 and non-retributory monetary allocations, irrespective of their name provided for by existing rules.
The dissemination prior to the implementation of this article, its implementation and the deadlines thereof, shall be specified in the regulation, in such a way as to promote the access of the population to vaccination at all stages of life without preventing the realization of these procedures.
Art. 14.- Failure to comply with the obligations provided for in Articles 7th, 8th, 10th and 13 of this Law will generate actions of the corresponding jurisdictional health authority, which will effect vaccination, ranging from notification to compulsive vaccination.
Art. 15.- Any member of the health team who in an unwarranted manner refuses to comply with the obligations set forth in this Act, or falsifies the CUV or any document that credits the vaccination, shall be liable to the penalties determined by the implementing authority.
Art. 16.- Please refer to the National Register of Digital Vaccinated Population in which data on the vaccination status of each of the inhabitants of all jurisdictions and health subsystems should be nominally recorded.
Art. 17.- Please refer to the National Register of Eventual Vaccinations as an extraordinary mechanism to give timely and quality response to exceptional situations such as mass vaccination campaigns, vaccination of blocking of outbreaks and intensive or extra-murder actions in cases where sufficient available human resource is not available.
Art. 18.- These are functions of the implementing authority:
(a) To keep the National Vaccination Calendar updated in accordance with scientific criteria based on the national and international epidemiological and health situation in order to protect the individual vaccinated and the community;
(b) To define the technical guidelines for vaccination actions to which jurisdictions must be adjusted;
(c) Provide inputs linked to public policy under article 1;
(d) To keep up-to-date the registry established in article 16 in coordination with jurisdictions;
(e) Promote agreements with health providers, irrespective of their legal status, and public and private entities with a view to strengthening actions to control vaccine-preventable diseases;
(f) Develop publicity, information and awareness campaigns on the importance of vaccination as a right to individual protection and social responsibility for community health;
(g) Design and provide a unified vaccination certificate -CUV- for the purpose of delivery to the jurisdictional health authorities;
(h) To receive donations and settle them in accordance with article 32;
(i) Declaring the state of epidemiological emergency in relation to vaccine-preventable diseases, giving any measures it deems relevant;
(j) Coordinate with jurisdictions the implementation of actions to ensure the access of the population to the vaccines of the National Vaccination Calendar, recommended by the health authority for risk groups, which are available for epidemiological emergencies and to strengthen the monitoring of vaccine-preventable diseases;
(k) To establish, in coordination with jurisdictions, the necessary means to achieve the appropriate vaccination and sanctions, in the absence of compliance with articles 2°, 7°, 8°, 10 and 13 of this Act;
(l) Article with jurisdictions the implementation of the National Eventual Vaccination Register;
(m) To keep up-to-date and regularly publish information related to the safety monitoring of vaccines used in the country.
Art. 19.- Vaccines provided by the enforcement authority under this Act may only be applied in accordance with the technical guidelines provided for in article 18 (b).
Art. 20.- All health effects, irrespective of their legal status, that apply the vaccines of the National Vaccination Calendar, special guests, health or laboratory personnel and those that determine the authority of application in case of epidemiological emergency, acquired by the national State, shall do so free of charge, certify their application through the VC and notify the competent jurisdictional health authority. The implementing authority must provide free vaccinations and inputs to health-care providers, within the framework of the functions provided for in article 18 (c) and (j) of this Act.
Art. 21.- Any person who attends a health unit in a timely manner, belonging to any subsector of the health system, for the application of the vaccines of the National Vaccination Calendar or those indicated in special situations, and is not vaccinated for reasons beyond his or her will, must be provided with a record in which the cause of non-vaccination and the indications to follow.
Art. 22.- Vaccines can only be applied in establishments authorized by the competent authority and in extra-murder activities within the framework of supplementary actions implemented in coordination with the jurisdictions.
Art. 23.- In the case of supplementary actions in coordination with the jurisdictions, to be carried out in the school establishments, vaccination must be fed up to those responsible for children and adolescents in their capacity as parents, guardians, curators, guardians and legal or responsible representatives. It shall be understood that half a tacit authorization on their part, except for express and justified expression of the refusal to have the student vaccinated in the school establishment without prejudice to compliance with article 2 (b) and article 7°.
Art. 24.- Please note that the allocation of free publicity spaces in the media that are part of the Federal System of Public Media and Contents, in the amount and proportion that is regulated. Messages that may be issued in these spaces should be intended for the dissemination of information related to primary prevention strategies through vaccines, provided by the implementing authority.
Art. 25.- The National Commission on Immunizations -CONAIN - as a technical advisory agency for the purpose of providing recommendations on strategies for the control, elimination and eradication of immunopreventable diseases and whose members will act ad honórem. The enforcement authority must issue its organizational and operational rules.
Art. 26.- The National Commission on Security in Vacunas – Conaseva – as a technical advisory agency for the purpose of strengthening a system of monitoring the safety of the immunobiological ones used and whose members will act ad honórem. The enforcement authority must issue its organizational and operational rules.
Art. 27.- Adher to the Vaccination Week of the Americas (SVA), an initiative that has been held since 2002 by the countries and territories of the Americas in order to promote equity and access to vaccination; strengthen national immunization programmes to reach populations with limited access to regular health services, such as those living in urban peripheries, rural and border areas and in the indigenous communities; provide a platform for the promotion of vaccines.
Art. 28.- It is established on the 26th of August of each year as the National Vaccination Day, as a recognition of its fundamental work for the implementation of these public health actions. During this day, the enforcement authority must carry out various public outreach, information and awareness-raising activities under article 18 (f).
Art. 29.- Failure to comply with the provisions of articles 15, 20 and 22 of this Act shall make its perpetrators liable to the following penalties:
(a) Perception;
(b) Gradable fine between ten (10) and one hundred (100) minimum, vital and mobile salaries;
(c) Suspension up to one (1) year.
These sanctions must be regulated gradually in the light of the circumstances of the case, the nature and severity of the offence, the background of the offender and the damage caused, without prejudice to other civil and criminal responsibilities to which there is room. Proceedings of fines should be used for vaccination, dissemination campaigns, information and awareness-raising, in accordance with the jurisdiction involved.
Art. 30.- The enforcement authority of this Act must establish the administrative procedure to apply in coordination with jurisdictions for the investigation of alleged offences, ensuring the right of defence of the alleged offender and other constitutional guarantees. The role set out in this article should be coordinated with national public bodies involved in the areas covered by this law and with the jurisdictions. In addition, it may delegate to the jurisdictions the substance of the procedures to give rise to the offences envisaged and to grant them their representation in the handling of the judicial remedies involved, against the penalties imposed. Exhausted the administrative channel shall proceed to appeal in judicial headquarters directly to the Federal Appeals Chamber with jurisdiction in the place of the act. The remedies against the implementation of the envisaged sanctions will have a devolutionary effect. For substantial reasons, in order to avoid an irreparable levy to the person concerned or to safeguard third parties, the remedy may be granted with suspensive effect.
Art. 31.- Acquisitions made by the enforcement authority pursuant to this Act shall be assessed on an annual basis for incorporation into the list of goods referred to in articles 1 and 5 of the Act 25,590 or the rule replacing it.
Art. 32.- As part of the implementation of this Act, the implementing authority may receive donations of financial and material resources from national and international non-governmental organizations, international or cooperative agencies and organizations or entities for or for non-profit activities in our country.
Art. 33.- This law is of public order and governs throughout the national territory.
Art. 34.- The Executive Power must regulate this law at the end of one hundred and twenty (120) days of promulgation.
Art. 35.- Defeat law 22.909.
Art. 36.- Contact the national executive branch.
IN THE SESSION OF THE ARGENTINE CONGRESS, IN GOOD AIRES, TO THE DIASS OF THE TWENTY DAY TWO MIL DIECHOHO.
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MARTA G. MICHETTI - EMILIO MONZO- Eugenio Inchausti - Juan P. Tunessi
