Miscellaneous Provisions Act Health (1)

Original Language Title: Loi portant des dispositions divers en matière de santé (1)

Read the untranslated law here: http://www.ejustice.just.fgov.be/cgi/article_body.pl?numac=2015024189&caller=list&article_lang=F&row_id=200&numero=282&pub_date=2015-08-17&dt=LOI&language=fr&fr=f&choix1=ET&choix2=ET&fromtab=+moftxt&trier=publication&sql=dt+=+'LOI'&tri=pd+AS+RANK+

Posted the: 2015-08-17 Numac: 2015024189 PUBLIC SERVICE FEDERAL public health, food chain safety and environment 17 July 2015. -Law on various provisions in health (1) provision introductory Article 1. This Act regulates a matter referred to in article 74 of the Constitution.
Title 1. -INAMI Chapter 1.
-Modification of the programme law of December 19, 2014 s. 2. article 137 of the programme law of December 19, 2014 is repealed.
S. 3. This chapter is effective June 30, 2015.
CHAPTER 2. -Amendment of the Act of April 10, 2014, on various provisions of health art. ((4 in section 96 of the Act of April 10, 2014, on of the various provisions health, c) and (d)), in that they include the § 1/2 and § 1/3 in article 53, § 1, of the law on compulsory health care and benefits, insurance co-ordinated on 14 July 1994, are repealed.
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5. This chapter is effective June 30, 2015.
CHAPTER 3. -Amendments to the law on compulsory health care and benefits, insurance co-ordinated on 14 July 1994 Section 1st. -Beneficiaries of the insurance mandatory healthcare articles 6 A article 32, paragraph 1, insurance compulsory health care and allowances, coordinated Act on July 14, 1994, as last amended by the Act of 26 December 2013, the following changes are made: 1 6 ter ° ° is replaced by the following: "6 ° ter self-employed persons benefiting from social bankruptcy insurance" , situations y assimilated or forced termination referred to in article 2 of the royal decree of 18 November 1996 establishing a social insurance for the self-employed in bankruptcy, of situations y assimilated or forced termination, for four quarters at least.
This period of four quarters takes courses with regard to self-employed persons referred to in article 2 of the royal decree, the first day of the quarter following that of the discontinuance within the meaning of article 1A of the royal decree supra; ";
2 ° in the 22 °, paragraph 1, the words "article 5" shall be replaced by the words "articles 5 and 5/1";
3 ° in the 22 °, paragraph 2, the words ", or who can assert a licensee or person quality to support implementation of an order, made in pursuance of article 33, § 1, paragraph 1", are hereby repealed.
Section 2. -Conclusion of agreements with the Scientific Institute of health public art.
7. article 22, 20 ° of the Act, inserted by the Act of April 10, 2014, is supplemented by a c) as follows: "c) with a view, in the context of the reference laboratories in clinical biology, to ensure diagnostic development and monitoring of rare diseases.".
Section 3. -Anthropogenetique s.
8. in the same Act, title III, chapter V, section VIII, with article 59, as amended by the Act of April 10, 2014, is replaced by the following: "Section VIII. -Benefits of clinical biology, pathology and human genetics provided to hospitalized and no hospitalized beneficiaries.
S. 59. the general Council fixed annually, no later than 31 December of the year preceding the year of application, after receiving the opinion of the national medical Commission and the Insurance Committee, the global budgets of funding for all of the Kingdom: 1 ° for the provision of clinical as laid down by the general Council;
2 ° for the benefits of pathology as laid down by the general Council;
3 ° for the benefits of human genetics as laid down by the general Council.
The general Council also establishes the distribution of these budgets, depending on whether the above-mentioned benefits are provided to hospitalized or non-hospitalized recipients.
Lump sum fees payable by day case are part of the budget of the benefits provided to hospitalized beneficiaries. "."
Section 4. -Fees of availability s. 9. in article 36quinquies, paragraph 1, of the same Act, inserted by the Act of 22 August 2002, the words "and pharmacists and licensed Science approved by the Minister of public health to provide clinical biology" shall be inserted between the words "doctors" and "involved".
Section 5. -Membership online agreements art. 10. in section 50 of the Act, as amended by the Act of April 10, 2014, paragraph 5 is repealed.
Section 6. -Experimental nature of special models of prescription, dispensation or payment of health art. 11. in article 56, § 2, paragraph 1, of the Act, 1 °, as amended as last amended by the Act of February 7, 2014, is replaced by the following: "1 ° to grant an intervention for special models to experimental nature of prescription, dispensation or payment of health care;".
Section 7. -Nurse s. (12. in article 2, n), of the Act, as amended by the acts of 24 December 1999 and April 10, 2014, the words "health assistants", shall be inserted between the words "paramedical auxiliaries", and the words "hospitals".
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13. in article 56 of the Act, as amended by the Act of April 10, 2014, paragraph 5 is repealed.
Section 8. -Offices of pricing art. 14. in the same Act, it is inserted an article 165/1 as follows: "article 165/1. When the intervention of the insurers in the cost of health benefits with the exception of those referred to in section 165 is not paid directly by these organizations to beneficiaries, all operations of pricing and payments from insurers for such benefits can be made through pricing offices approved by the Minister.
The King determines the criteria for the approval of those offices to pricing.
These offices are permitted to claim from care providers, under conditions to be determined by the King, an intervention in their charge.
Health care providers may join the office for pricing of their choice.
The King may lay down rules relating to: 1 ° that accession, inter alia regarding the denunciation of the accession by the office for pricing and withdrawal of membership by the adhering;
2 ° the subcontracting of pricing.
The King sets the security measures that all interested parties should take in the collection, transmission and processing of data in accordance with the abovementioned objectives. "."
Section 9. -Maximum charging s. 15. in section 37novies of the Act, inserted by the law of June 5, 2002, replaced by the royal decree of 3 June 2007 and amended by the law of December 22, 2008 and March 29, 2012, the words "on the basis of the physical or mental of at least 66 per cent of child disability, or", are hereby repealed.
S. 16. article 15 is effective January 1, 2014.
Section 10. -Readmission in clinical biology or medical imaging arts. 17. in article 56quinquies, paragraph 1, of the same Act, inserted by the law of 26 December 2013, the sentence "However, the percentage referred to in the first sentence is increased from 82-67 BW for lump-sum assistance calculated by admission in clinical or imaging medical." inserted between the words "admission previous." and "These decreased standard interventions".
S. 18. article 17 comes into force the first day of the month following the expiration of a period of ten days taking price the day after the publication of this Act in the Moniteur belge.
Section 11. -Living donors of organs art. 19. in article 37 of the Act, as last amended by the Act of February 7, 2014, there is a paragraph added 16quater as follows: "§ 16quater." "The King may, by Decree deliberated in the Council of Ministers, under the conditions it determines, delete totally or partially the personal intervention to health benefits granted to living organ donors."
Section 12. -Plan of the third fee art. (20A article 53, § 1, of the Act, as last amended by the Act of April 10, 2014, the following changes are made: a) five paragraphs worded as follows shall be inserted between paragraphs 1 and 2: "under the regime of the third paying, and without prejudice to the obligations set out under article 320 of the 1992 income tax Code the documents referred to in paragraph 1 shall be replaced by a transmission of data by the health care provider to insurers through an electronic network, according to the administrative rules laid down by the Insurance Committee.
The King fixed the date from which, to a category of caregivers, the transmission to insurers of data under the third paying through an electronic network system is applicable.
From the date fixed under paragraph (3), the health care provider has a period of two years to comply with the obligation referred to in paragraph 2.
1st paragraph shall continue to apply under the scheme of the third paying: 1 ° before the date fixed under paragraph 3;
2 ° the period referred to in paragraph 4 as long as the health care provider may have failed the obligation referred to in paragraph 2.
By way of derogation from paragraphs 3 and 4, the obligation referred to in paragraph (2) was born July 1, 2015, for practitioners of nursing. ";
(b) paragraph 2, becoming subparagraph 7, is replaced by the following: "insurers may grant reimbursement if the care or supplies, document attestation in"

lieu or the data referred to in paragraph 2, are not transmitted to them. ";
(c) in paragraph 3, becoming paragraph 8, the words "or transmit" shall be inserted between the word "reset" and the words "these documents", and the words "or given" shall be inserted between the words "these documents" and the words "as soon as".
(d) in paragraph 8, becoming paragraph 13, the following changes are made: 1 ° the phrase "under the regime of the third paying, Insurance Committee fixed the administrative arrangements for the transmission of the documents provided for in paragraph 1 to the insurers."
is inserted between the phrase "Is null, any agreement which derogates from the rules laid down by the King in enforcement of this provision." and the phrase "The King may, subject to the situations where the application of the system of the third party paying is mandatory, also specify the terms and conditions under which a ban on application of the system of the third party paying is pronounced in respect of individual providers.";
2 ° the words "sets out the arrangements for this audit and" are repealed;
(e) paragraph 9, becoming paragraph 14, is replaced by the following: "from July 1, 2015, the obligation for implementing the system of the third paying is introduced to the beneficiaries of the intervention increased the insurance referred to in article 37, § 19, for the provision of Health issued by the practitioner, as determined by the King, either: 1 ° on the basis of a proposal from the national medical Commission which decides its transmission to the Committee of insurance;"
2 ° on the basis of the proposal made by the national medical Commission at the request of the Minister; These proposals shall be communicated to the Committee of insurance;
3 ° on the basis of the proposal of the Minister. ";
(f) in paragraph 10, becoming paragraph 15, the number "9" is every time replaced by the figure "14";
(g) paragraph 11, becoming paragraph 16, is replaced by two paragraphs worded as follows: "the King may, by Decree deliberated in the Council of Ministers, extend the obligation referred to in paragraph 14 for other categories of recipients.
Institute health care Service analyzes the elements that are provided by insurers concerning the obligatory application of the system of the third party paying under paragraph 14 after a year of this application. The Service specifies reporting as well as the modalities of their communication. ";
(h) in paragraph 14, becoming paragraph 20, the number "13" is replaced by "19".
S. 21. This section comes into force July 1, 2015.
Section 13. -Financial transparency of health art.
22. A section 53 of the Act, as amended by the Act of April 10, 2014, the following changes are made: has) paragraph 1/1, paragraph 1, is supplemented by the words "or by separate decision adopted by the committees of conventions and agreements".
(b) in paragraph 1/1 a worded as follows is inserted between paragraphs 1 and 2: "the date of entry into force of the decisions referred to in paragraph 1 is determined by the relevant Committee. These decisions are published in the form of notice to the Moniteur belge and remain in force until an amending decision has been adopted. ';
(c) there shall be inserted a paragraph 1/2 as follows: "§ 1/2."
Care providers are required to provide to the beneficiary a voucher made benefits giving rise to intervention by compulsory insurance and benefits is there not giving rise when these are performed with benefits that will give rise: 1 ° in the case where the caregiver concerns into account to the beneficiary in addition to amounts for services giving rise to intervention by the compulsory insurance of the amounts for benefits that are not subject intervention of compulsory insurance;
2 ° in the case where the certificate of care or supplies or equivalent document referred to the § 1, paragraph 1, is replaced by electronic data transmission by the health care provider to the insurer of the beneficiary body.
The total amount to be paid by the beneficiary to the benefits referred to in paragraph 1, including payments paid, are listed on the voucher.
When proof of care or supplies or an equivalent document referred to the § 1, paragraph 1 retailer all reimbursable services is delivered to the recipient, the supporting documentation includes:-for all reimbursable services, the total payable including any supplements.
-next to each non-refundable service, taken in the form of a label, its amount.
When proof of care or supplies or an equivalent document referred to the § 1, paragraph 1 retailer all reimbursable services is not delivered to the recipient, the supporting documentation includes:-separately, next to each refundable delivery resumed in the form referred to the § 1, 1st paragraph, unless the benefits are grouped in accordance with the decisions taken under article 6 4 °, the amount paid by the beneficiary under the rates, the amount paid by the recipient as a supplement and, where necessary, intervention directly billed to the insurance fund.
-next to each non-refundable service, taken in the form of a label, its amount.
At the request of the beneficiary, the voucher contains, for health benefits and the devices referred to article 33 § 1, paragraph 1, 11 °, of the law of December 15, 2013, medical devices determined by the commission of agreements or competent agreements, the amount of purchase of the features provided by the provider when they are subject to an intervention of the compulsory insurance or are part of a health benefit giving rise to such an intervention.
The Committee of insurance, on a proposal from the Committee of conventions or agreements or, in the absence of proposal if the commission has not responded within one month to a request for proposal of the Committee on insurance, after the opinion of the commission, deemed favourable if it was not issued in the month, may establish, by means of a regulation referred to in article 22 , 11 °, for each category of health care providers: 1 ° the endorsements listed on the voucher.
2 ° the modalities whereby the voucher is delivered to the recipient;
3 ° the time where voucher is handed over to the recipient if it is not when the delivery is made;
4 ° the terms of grouping of similar services on the voucher;
5 ° a voucher model as well as cases in which this model should be used.
The duty to issue a voucher is thrown when an invoice is issued in accordance with paragraphs 2 to 6, 1 ° to 4 °.
(d) paragraph 1/4 is renumbered as paragraph 1/3.
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23. This section comes into force July 1, 2015.
Section 14. -Control administrative s. ((24A section 166 of the Act, replaced by the law of May 19, 2010, paragraph 1 is supplemented by the j) and k), worded as follows: "authentic j) a fine of 250 EUR, per request of the evaluation and Service of medical control, or when the data on the lists referred to in article 138 does correspond with the source or contain not the information necessary for the complete benefits identification in providers of care that have prescribed, made or issued and recipients, as well as the serial number of the requirements of medicines, or in the absence of authentication by a professional representative in accordance with article 138, paragraph 2;
k) a fine of 125 EUR, by insured or care provider where, through error, fault or negligence, the insurer body has failed to pay a benefit under by the present Act or orders and regulations made pursuant to it, or pays an amount less than the amount actually owing. "."
Section 15. -Control medical art. 25. in article 145, § 2, paragraph 1, of the Act, repealed by the law of 24 December 2002 and restored by the law of 21 December 2006, the word "three" is replaced by the word "four".
S. 26A section 156, § 1, of the Act, repealed by the law of 13 December 2002, restored by the law of 21 December 2006 and amended by the laws of the March 29, 2012 and April 10, 2014, the following changes are made: 1 ° paragraph 2 is replaced by the following: "the sums due are paid within thirty days of the notification of the decisions referred to in paragraph 1.
Failure to pay within this period, the remaining amounts due occur, of right, interest at the legal rate of interest in social matters, as provided for in article 2, § 3, of the Act of 5 May 1865 lending at interest, upon the expiry of this period. ";
2 ° in paragraph 3, the words "on value added tax registration and domains" are replaced by the words "General Administration of patrimonial documentation".
S. 27. in article 206A, § 2, of the Act, inserted by the law of 14 January 2002 and amended by the Act of April 10, 2014, "Administration of value added tax registration and domains" shall be replaced by the words "General Administration of patrimonial documentation".
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28. in section 139 of the Act, as amended by the Act of April 10, 2014, a paragraph worded as follows is inserted between paragraphs 2 and 3:

' By way of derogation from paragraph 1, and in anticipation of the execution by the King of the jurisdiction which is granted under paragraph 2, the evaluation Service and medical control is composed as follows: a central service, maximum of 10 regional services whose jurisdiction corresponds to the provincial electoral districts which they bear the name (Antwerp, Limburg, Namur, Luxembourg, Liège, Flanders ' (, West Flanders, Hainaut, Flemish Brabant and Walloon Brabant) and a service for the Brussels Capital Region. "."
Section 16. -Funds of medical accidents art. 29. in section 137quinquies of the Act, inserted by the Act of March 19, 2013, the words "the Director general" are each time replaced by "general Adviser".
S. 30. in article 177, paragraph 2, of the same law, replaced by the law of 29 April 1996 and amended by the law of 24 December 2002 and March 19, 2013, the words "a director general of the Fund of medical accidents" are replaced by the words "a general counsel of the Fund for medical accidents".
S. 31 A section 182 of the Act, replaced by the law of 29 April 1996 and amended by laws of January 14, 2002 and March 19, 2013, the following changes are made: 1 ° in paragraph 3, the words "the Director general of the Fund of medical accidents" are replaced by the words "the general counsel of the medical accidents Fund";
2 ° in paragraph 4, paragraph 1, the words "The Director general" shall be replaced by the words "General counsel";
3 ° paragraph 4 is supplemented by a paragraph worded as follows: "In case of the supra general counsel of medical accidents Fund, its powers are exercised by an official designated by the general Committee."
Section 17. -The social status of physicians, practitioners of dentistry, pharmacists, logopedists and physiotherapists and other benefits which may be granted to some doctors s. 32. article 54, § 1, paragraph 1, of the Act, replaced by the Act of 22 December 2003 and amended by the Act of April 10, 2014, is supplemented by the following sentence: "are in any case excluded from the benefit of these benefits, the medical consultants, managers doctors with insurers, the doctors responsible for oversight or exercising their function for a public institution national federal or federated entity , apart from healthcare institutions. "."
CHAPTER 4. -Modification of the programme law (I) of 27 December 2006 article
(33A article 245 of the programme law (I) of 27 December 2006, replaced by the law of March 19, 2013 and amended by the Act of April 10, 2014, the following changes are made: a) in paragraph 1, paragraph 2, the figure "138 412,35" is replaced by the figure "513 412,35";
((b) in paragraph 4 the words "and rare diseases," are replaced by the words ", rare diseases and patient associations and groups of mutual assistance, for the encouragement of knowledge on health, to provide accessible information, as well as for the support of their missions of representation," c) paragraph 8 is replaced by the following :
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§ 8. The amounts referred to in paragraphs 1 and 3 will benefit the associations referred to in article 245, § 1, 1 ° and 2 °, set for the year 2015 are adapted to 1 January of each year on the basis of the evolution of the value of the index health, as referred to in article 1 of the royal decree of 8 December 1997 laying down the detailed implementing rules for the indexing of benefits in the insurance scheme compulsory health care , between 30 June of the last year and June 30 of the previous year.
When it comes to the amount of which will benefit the asbl "Rare Diseases United Belgium", the amounts set out in paragraphs 2 and 3 for the year 2013 are adapted to 1 January of each year on the basis of the evolution of the value of the index health, as referred to in article 1 of the royal decree of 8 December 1997 laying down detailed implementing rules for the indexing of benefits in the insurance scheme compulsory health care ", between 30 June of the last year and June 30 of the previous year."
S. 34. article 33 is effective January 1, 2015.
TITLE 2. -CMO Chapter 1. -Amendments to the law of 6 August 1990 on mutual societies and the national unions of mutual societies Section 1. -Affiliation with retroactive effect art. 35 in article 3A, paragraph 2, of the law of 6 August 1990 on mutual societies and the national unions of mutual societies, inserted by the Act of 22 December 2003 and replaced by the law of March 26, 2007, the following changes are made: 1 ° in 1 °, the "request membership" shall be replaced by the words "registration request";
2 ° between 1 ° and 2 °, it is inserted a point 1 ° 1 worded as follows: "1 ° 1. for a person who was affiliated to the service referred to in article 3, paragraph 1, a) with a mutuality as holder and which is included as a person in charge from another system of mutuality, the first day of the month following the signature of the application for registration; "."
S. 36. in article 3ter, 1 °, of the same Act, inserted by the Act of 22 December 2003 and replaced by the law of March 26, 2007, the words "in the case referred to in article 3A, paragraph 2, 1 °," are replaced by the words "in the case referred to in article 3A, paragraph 2, 1 ° and 1 ° 1'.
Section 2. -Approval by the Board of Directors of the national union of new benefits envisaged by affiliated societies art. 37. article 4bis of the Act, inserted by the law of August 12, 2000, is replaced by the following: "(Une mutualité ne peut prévoir un nouvel avantage dans le cadre d'un service visé à l'article 3, alinéa 1er, b) and c), of this Act only after obtaining prior, to that end, the approval of the Board of Directors of the national union with which it is affiliated."
The King determines, on the proposal of the Office of supervision, what there is to be understood by a new advantage referred to in paragraph 1. "."
Section 3. -Articles of incorporation art. 38. at article 11, of the same Act, last amended by the law of March 29, 2012, the following changes are made: 1 ° in the § 1, paragraph 3, the words "forty-five calendar days from the date on which these statutes or modifications thereof was transmitted" are replaced by the words "seventy calendar days from the date on which these statutes or modifications thereof have been transmitted in" the compliance with paragraph 2 ";
2 ° in the § 1, paragraph 6, the words "the preceding paragraph" are replaced by the words "in paragraphs 3 and 4";
3 ° in operative paragraph 3, the words "to the § 1, paragraph 4," are replaced by the words "to the § 1, paragraph 6".
S. 39. article 12, § 2, of the Act, as amended by the Act of 12 August 2000, is supplemented by a paragraph 2 as follows: "each mutuality and each national union publishes such articles on its website, approved by the Council of the Office of supervision and, according to the procedures laid down by the King, on the proposal of the Office of control.".
Section 4. -Accounts annual s. 40. in article 29, § 1, of the Act, as last amended by the Act of April 26, 2010, the words "Act of 17 July 1975 on business accounting", the words "Act of 17 July 1975" and "Act of 17 July 1975" are each time replaced by the words "Economic Law Code".
S. 41. in the same Act, it is inserted an article 30bis, as follows: "article 30bis. within thirty days of their approval by the General Assembly, the annual accounts of mutual societies and national unions of mutual societies are deposited by administrators at the National Bank of Belgium.
Are filed at the same time and in accordance with paragraph 1: 1 ° a document containing the name and forenames of the administrators and the (des) Auditor (s) in function;
2 ° the report of (s) reviewer (s).
The King determines the terms, forms and conditions of the filing of the documents referred to in paragraphs 1 and 2, on the proposal of the Agency's control. It also determines the amount and the manner of payment of advertising costs concerned. The deposit is accepted only if the provisions adopted in pursuance of this paragraph are complied with.
Within a period of 15 working days following the acceptance of the filing, it shall subject a mention in a compendium prepared by the National Bank of Belgium on a medium and in the manner determined by the King. The text of this statement is sent by the National Bank of Belgium to the control agency.
The National Bank of Belgium issued a copy, in the form determined by the King, to those who so request, even by correspondence, or of all the documents which have been transmitted in accordance with paragraphs 1 and 2, either of the documents referred to in paragraphs 1 and 2 relating to mutual insurance companies or national unions named mutualités and determined years which have been transmitted. The King determines the amount of the fee to the National Bank of Belgium for obtaining the copies referred to in this paragraph.
The National Bank of Belgium is authorized to establish and publish, in the manner determined by the King, global statistics and anonymous relating to all or part of the elements contained in the documents forwarded to him in accordance with paragraphs 1 and 2. "."
Section 5. -Funding and missions of the Office of supervision art.
42. in article 50, § 2, of the Act, as amended by laws of 12 August 2000 and 26 April

2010, the words "and mutual companies referred to in article 43bis § 5, and article 70, § § 6, 7 and 8,"are replaced by the words", mutual societies referred to in article 43bis § 5, and article 70, § § 6, and 7 and 8, and insurance intermediaries referred to in article 68, paragraph 1, of the Act of April 26, 2010,".
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43. at article 52, paragraph 1, of the Act, as amended, as last amended by the Act of April 26, 2010, the following changes are made: 1 ° in 11 °, the words "25 June 1992 on terrestrial insurance contract and 27 March 1995 on insurance and reinsurance intermediation and the distribution of insurance" shall be replaced by the words "April 4, 2014 regarding insurance and 2 August 2002 on the supervision of the financial sector and" financial services";
2 ° in 12 °, the words "27 March 1995 on insurance and reinsurance intermediation and the distribution of insurance" shall be replaced by the words "4 April 2014 relating to insurance".
Section 6. -Sanctions art. 44. at section 62quater of the Act, inserted by the Act of April 26, 2010, the following changes are made: 1 ° 'provisions of the law of 27 March 1995 on intermediation in insurance and reinsurance and the distribution of insurance or its implementing measures' shall be replaced by the words "the provisions of the law of April 4, 2014 on insurance or its implementing measures the provisions of Act of 2 August 2002 on the supervision of the financial sector and financial services and its implementing measures, which are applicable";
2 ° the words "administrative measures" shall be inserted between the words "sanctions" and the words "prescribed by such laws".
S. 45. at section 62sexies of the Act, inserted by the Act of April 26, 2010, the following changes are made: 1 ° 'the provisions of the law of 27 March 1995 on insurance and reinsurance intermediation and the distribution of insurance or its implementing measures' shall be replaced by the words "the provisions of the Insurance Act of April 4, 2014 or its implementing measures which are applicable to this intermediate";
2 ° the words "administrative measures" shall be inserted between the words "sanctions" and the words "prescribed by law".
Section 7. -Corrected article 46. in article 62decies of the Act, inserted by the Act of April 26, 2010, "article 62nonies" shall be replaced by the words "article 62novies".
Section 8. -Non-remunerated mandate art. 47. in article 70, § 9, of the Act, inserted by the Act of April 26, 2010, the words "except with regard to the independent directors who are elected in pursuance of article 19, paragraphs 3 and 4 of this Act" shall be inserted between the number "22" and the number "23".
Section 9. -Changes as a result of the incorporation into the insurance mandatory disease, "small risks" for self-employed arts. 48A article 60bis of the Act, as amended by the Act of April 26, 2010, the following changes are made: 1 ° in article 5, 9 ° is repealed;
2 ° in paragraph 6, the 2nd is repealed.
S. 49. article 71 of the Act, restored by Act of March 26, 2007, is repealed.
S. 50 sections 71A, 71ter, 71sexies and 71septies of the Act, inserted by the Act of March 26, 2007, are repealed.
S. 51. articles 71quater and 71quinquies of the Act, amended by the law of July 24, 2008, are hereby repealed.
CHAPTER 2. -Amendments to the Act of April 26, 2010 relating to the provisions on the Organization of the complementary insurance (I) art. 52 A section 68 of the Act of April 26, 2010 relating to the provisions on the Organization of health insurance (I), the following changes are made: 1 ° in the paragraph 1, the words "within the meaning of article 1, 3 °, of the law of 27 March 1995 on insurance and reinsurance intermediation and the distribution of insurance" hereinafter referred to as "the law of 27 March 1995" "shall be replaced by the words"within the meaning of article 5, 20 °, of the law of April 4, 2014 on insurance, hereinafter referred to as "the law of April 4, 2014" ";"
2 ° 1st paragraph (1), is replaced by the following: "1 ° 70, and mutual societies, the national unions of mutual insurance companies and mutual companies other than those referred to in articles 43bis, § 5, § § 6, 7 and 8 of the law of 6 August 1990 on mutual societies and national unions of mutual societies practising for their members of intermediation in insurance activities within the meaning of article 5" 46 °, of the law of 4 April 2014 supra which relate to health insurance within the meaning of branch 2 of annex 1 of the royal decree of 22 February 1991 on the general regulation on the control of insurance and coverage, in addition, risks that belong to assistance as referred to in class 18 in Schedule 1 of the royal decree organized by a cooperative society referred to article 43bis, § 5, or article 70, § § 6 or 7, of the law of 6 August 1990; ";
3 ° in the paragraph 1, 2 °, the words '27 March 1995' shall be replaced by the words "April 4, 2014" and the words "article 70, § § 6, 7 or 8 of the law of 6 August 1990" are replaced by the words "article 70, § § 6 or 7 of the law of 6 August 1990";
4 ° in paragraph 2, the words "article 70, § § 6, 7 or 8 of the law of 6 August 1990" are replaced by the words "article 70, § § 6 or 7 of the law of 6 August 1990".
S. 53. in article 69, paragraph 2, of the Act, the words "Act of March 27, 1995 and which are carried out by mutual insurance companies and mutual societies referred to in article 43bis, § 5, and article 70, § § 6, 7 and 8, of the law of 6 August 1990" are replaced by the words "Act of April 4, 2014 and which are carried out by the mutual societies national unions of mutual societies and mutual referred to article 43bis and article 70 of the law of 6 August 1990.
CHAPTER 3. -Provisions finals s. 54. the King determines, on a proposal from the Agency's control, the date of entry into force of article 37.
S. 55. article 38, 1 ° and 2 °, shall apply to the articles and their amendments which came into force decided by the General Assembly or the Board of Directors of the entity concerned is later than January 1, 2015 and which are transmitted to the control agency, in accordance with article 11, § 1, paragraph 2, of the Act of August 6, 1990, from the day of the publication of this Act in the Moniteur belge.
Article 38, 3 ° enter into force the day of the publication of this Act in the Moniteur belge.
S. 56. the King determines, on a proposal from the Agency's control, the date of entry into force of articles 39 and 41, and for article 41, the first accounting year to which this provision applies.
TITLE 3. -FAMHP Chapter 1.
-Amendments to the law of 25 March 1964 on medicines Section 1st.
-Chain art. 57. in article 1, § 1, of the law of 25 March 1964 on medicines, as last amended by the Act of June 20, 2013, the following changes are made: 1 ° in the 18), second indent, "veterinarians" shall be replaced by the words "persons" entitled to provide medicines to animals officials;
2 ° 25) is supplemented by the words "and relevant persons pursuant to article 3, § 3, paragraph 2;".
S. 58. in article 3 of the Act, as amended by the Act of June 20, 2013, the following changes are made: 1 ° in paragraph 3, paragraph 1, the words "veterinarians" shall be replaced by the word "persons";
2 ° in paragraph 4, a paragraph worded as follows is inserted between paragraphs 1 and 2: "the King may authorize other persons to supply veterinary medicinal products which are not subject to prescription and for which, because of their characteristics, the exclusive follow-up to the classic distribution system is not suitable. The King sets the terms and conditions of this authorization. "."
S.
59. at article 12ter, § 1, of the Act, inserted by the law of 1 May 2006 and as last amended by the Act of June 20, 2013, the following changes are made: 1 ° in paragraph (2), a written sentence as follows shall be inserted between the first and the second sentence: "in the case of wholesale distribution of medicinal products for human use to another Member State This condition does not apply but the medicinal products concerned must be the subject of authorisation for placing on the market granted in accordance with Community law. ";
2 ° in paragraph 2, second sentence, becoming the third sentence, the words "in article 9" are replaced by the words "article 10";
3 ° in paragraph 10, second sentence, the words "persons who are authorised to supply medicinal products to the public or to provide drugs to animals officials," shall be inserted between the words "wholesale distribution authorisation" and the words "or, in the case of pre drug mixtures,";
4 ° a paragraph worded as follows is inserted between paragraphs 10 and 11: "by way of derogation from article 10, holders of wholesale distribution of drugs can deliver drugs to individuals in order to fulfil a legal obligation that their obligation, as referred to in article 6, § 2, 9 °, of the law on health care professions coordinated may 10, 2015. The King may determine the terms and conditions.

It can also empower other people to deliver medication to persons in order to fulfil a legal obligation which theirs. "."
Section 2. -Corrected article 60A article 6, § 1, of the Act, as last amended by the Act of April 10, 2014, the following changes are made: 1 ° in paragraph 9, the last sentence is hereby repealed;
2 ° paragraph 10 is supplemented by the following sentence: "in the cases referred to in the second sentence, in relation to medicinal products for human use, when urgent action is needed to protect public health, at any stage that either procedure, the Minister or his delegate may suspend the marketing Authorisations and prohibit the use of the medicinal product concerned until a definitive decision is adopted;"
He informed the European Commission, the EMA and the other Member States of the reasons for its action at the latest the next working day. '. "
Section 3. -Notice optional art. 61. at article 7, § 1, of the Act, as last amended by the law of August 3, 2012, the following changes are made: 1 ° in the paragraph 1, the words "on the advice of the relevant Committee referred to in article 6, § 1, paragraph 11," are repealed;
2 ° in paragraph 2, the words "on the advice of the relevant Committee referred to in article 6, § 1, paragraph 11," are repealed;
3 ° a paragraph worded as follows is inserted between paragraphs 2 and 3: "pursuant to paragraph 1 or paragraph 2, the King may obtain the opinion of the Committee concerned, referred to in article 6, § 1, paragraph 12".
Section 4. -Importation of a drug for one group of patients s.
62A article 6quater, § 1, paragraph 1, 4 ° of the Act, inserted by the law of 1 May 2006 and amended by the laws of the March 29, 2012 and August 3, 2012, the following changes are made: 1 ° the first sentence is replaced by the following sentence: "the person authorised to supply medicinal products to the public may import a medicinal product for human use which is authorized or registered in the country of origin "on the basis of a prescription and a prescriber declaration in which it states that the patient may not be treated adequately with a drug currently placed on the Belgian market in the following cases:" 2 ° a paragraph worded as follows is inserted between paragraphs 1 and 2: "the person authorised to supply medicinal products to the public in a hospital dispensary commonly known as "hospital pharmacist" or "hospital pharmacist", may also, in the cases referred to in paragraph 1, import a medicinal product for human use which is authorized or registered in the country of origin for a specific patient group. In this case, the declaration of the prescriber is established for this group of patients on the basis of the individual requirements of these patients. These requirements are attached to this statement. "."
Section 5. -Right to be heard art.
63. article 8A of the Act, inserted by the law of 1 May 2006 and amended by the law of August 3, 2012 and June 20, 2013, is supplemented by a paragraph, as follows: "where the procedure referred to in article 107duodecies of directive 2001/83 applies, paragraph (3) is not applicable.".
Section 6. -Delegation of extemporaneous art. "64A article 12bis of the Act, inserted by the law of 1 May 2006 and as amended by the law of 26 December 2013, the following changes are made: 1 ° in the paragraph 1, paragraph 3, the second sentence which begins with the words 'These people' and ends with the words"referred to in this article.", is supplemented by the words" , either persons in another State who are legally permitted to perform such operations in that Member State. ";
2 ° in paragraph 1/1, paragraph 2, the words ' by way of derogation from paragraph 1, "shall be inserted at the beginning of the first sentence.
Section 7. -Import duties for individuals for personal use s. 65. article 12quater of the Act, inserted by the Act of May 1, 2006, is replaced by the following: "everyone has the right to take with it, from another Member State, a reasonable quantity of medicinal products for human use intended for his personal use and obtained lawfully in that Member State.
Everyone has the right to send from another Member State, a reasonable quantity of medicinal products intended for his personal use and obtained lawfully in that Member State.
Articles 12A and 12B shall not apply in the cases referred to in paragraphs 1 and 2.
The King may attach conditions and more specific terms for the purposes of this section. "."
Section 8. -Transaction administrative s. 66. in article 17, § 1, paragraph 1 of the same Act, replaced by the law of December 15, 2013, the words "the provisions of this Act or its orders of execution and" are inserted between the word "offence" and the words "under Title 3, Chapter 3, of the Act of 15 December 2013 medical devices or taken orders in pursuance of this chapter".
S. 67. article 31 of the law of December 15, 2013, medical devices enter into force ten days after publication in the Moniteur belge of this Act.
Section 9. -Attempt of crime art. 68. article 19 of the same Act, replaced by the law of June 21, 1983 and amended by the Act of 22 December 2003, including the current text will form the 1st paragraph, is supplemented by a paragraph 2 as follows: "§ § 2 2" Attempt to commit an offence under this Act is punished by the same penalty as that applicable to the offence itself. "."
CHAPTER 2. -Modification of Act of 5 July 1994 on blood and derivatives of human origin blood art. 69. in article 21, § 1, paragraph 4, of Act of 5 July 1994 on blood and human blood derivatives, amended by the law of December 13, 2006, the words "to be sent to the offender within three days of the finding of the punishable offence" shall be replaced by the words "scope to the knowledge of the offender within twenty days which begins the day after the day of the finding of the infringement".
CHAPTER 3. -Amendments to the law of 6 July 2007 concerning medically assisted procreation and the destination of supernumerary embryos and gametes s. 70 A section 35 of the Act of 6 July 2007 to medically assisted procreation and the destination of supernumerary embryos and gametes, the following changes are made: 1 ° the current text of paragraph 1 of the form paragraph 1;
2 ° paragraph 2, which will form, paragraph 2, shall be supplemented by the words ", including information necessary for the application of article 26".
S. 71. in the introductory sentence of article 36 of the Act, the words "paragraph 1" are replaced by the words "§ 1".
S.
72 A section 64 of the Act the following changes are made: 1 ° the existing text of paragraph 1 of the form paragraph 1;
2 ° paragraph 2, which will form, paragraph 2, shall be supplemented by the words ", including the information necessary for the application of the provisions of article 55".
S. 73. in the introductory phrase of article 65 of the same Act, the words "paragraph 1" are replaced by the words "§ 1".
CHAPTER 4. -Amendment of the Act of 20 July 2006 concerning the creation and operation of the Federal Agency for drugs and health products section 74. in the Act of 20 July 2006 relating to the creation and operation of the federal drug and health products agency, as last amended by the Act of April 10, 2014, it is inserted an article 7B as follows: "article
7B. without prejudice of contrary provisions granting jurisdiction, the Minister may empower officials of the Agency to sign individual administrative acts made by him under the legislation referred to in article 4, § 1, under the conditions it determines. "."
CHAPTER 5. -Amendments to the Act of December 19, 2008 to obtain and use of human body material intended for human medical applications or scientific research purposes art. 75. in the law of December 19, 2008 on obtaining and use of human body material intended for medical human applications or for purposes of scientific research, as amended by the Act of April 25, 2014, it is inserted an article 1/1 as follows: "article 1/1. This Act partially transposes: 1 ° directive 2004/23/EC of the European Parliament and of the Council of 31 March 2004 on setting standards of quality and safety for the donation, procurement, control, transformation, conservation, storage and distribution of human tissues and human cells;
2 ° directive 2006/17/EC of the Commission of 8 February 2006 implementing directive 2004/23/EC of the European Parliament and of the Council concerning certain technical requirements for the donation, obtaining and control of tissues and cells of human origin;
3 ° 2006/86/EC directive of the Commission of 24 October 2006 on the application of directive 2004/23/EC of the European Parliament and of the Council as regards traceability requirements, notification of serious adverse events and reactions, as well as certain technical requirements codification, processing, preservation, storage and distribution of tissues and cells of human origin. "."
S.
76. at section 23 of the Act, the following amendments are made: 1 ° in paragraph 2, paragraph 1, the words "their mission in the § 1"

are replaced by the words "their targeted missions to the § § 1 and 4 ';
2 ° article is supplemented by paragraphs 4 and 5, worded as follows: "§ § 4 4" Officials and staff members referred to in paragraph 1, paragraph 1, organize as necessary, inspections and implement, controls in the event of notification to the Federal Agency of a serious adverse event or serious adverse reaction.
In addition, the inspections and controls referred to in paragraph 1 are organized and implemented at the duly motivated request of the competent authority or the competent authorities of another State member of the Union European.
§ 5. At the request of another Member State or of the European Commission, the Federal Agency provides information on the results of inspections and control measures relating to the requirements of this Act. "."
TITLE 4. -SPF public health chapter 1. -Amendments to the law on the exercise of the professions of health care, coordinated may 10, 2015 Section 1st.
-Technologist medical imaging and medical laboratory technologist s. 77. in article 153, § 3, of the law on the exercise of the professions of health care, coordinated may 10, 2015, a paragraph worded as follows is inserted between paragraphs 2 and 3: "Notwithstanding paragraph 1 and notwithstanding section 72, § 1, persons who do not meet the conditions of qualification referred to in article 72" , § 2, paragraph 2, for professions of technologist medical imaging or laboratory medical, but who carried out acts of the profession of medical or medical laboratory technologist Imaging technologists at December 2, 2013, for at least three years, may continue to exercise the same acts under the same conditions as medical imaging technologists or medical laboratory technologists performing these acts. "."
Section 2. -Chain art.
78. article 6, § 2, of the Act is supplemented by 9 °, as follows: '9 ° the dispensation of drugs to fill a special legal duty.'.
S.
79. article 11, paragraph 1, of the Act is replaced by the following: 'the Minister having health in its attributions decides to the granting of the authorization, on the reasoned opinion of a commission of implantation.'.
CHAPTER 2. -College of physicians article 80. in the Dutch text of the title of the version of the royal decree No 79, 10 November 1967 on the College of physicians, the words "Orde der geneesheren" are replaced by the words "Orde der artsen".
Royal No. 79, the following changes are made in the Dutch text of the device of the same order: 1 ° "Orde der geneesheren" are each time replaced by the words "Orde der artsen";
2 ° the word "geneesheer" is every time replaced by the word "arts";
3 ° the word "geneesheren", is every time replaced by the word "artsen".
S. 81. at article 2 of the same royal decree No 79, amended by the royal decree of December 26, 1985, the following changes are made: 1 ° 1st paragraph is replaced by the following: "the College of physicians includes all physicians domiciled in Belgium and registered in the roll of the order. Physicians register with the roll of the order of the province in which is located their home. Doctors whose domicile is located in the Brussels-Capital Region choose to be listed in table of the provincial of Flemish Brabant and Brussels Council, either in the table to the provincial Council of Brussels and Walloon Brabant. For the purposes of this order, there is meant by domicile the place where the doctor operates major. ";
2 ° in paragraph 2, the words "the provisions of article 44septies" shall be replaced by the words "article 44terdecies".
S. 82. in article 7, § 1, of the same royal decree No 79 the following changes are made: 1 ° to 1 °, the following changes are made: has) in paragraph 4, the words "judicial district of la" are repealed;
(b) in paragraph 5, the words "and the representation of doctors who live in the Brussels-Capital Region respectively to Council of Flemish Brabant and Brussels or Brussels and Walloon Brabant provincial Council' shall be inserted after the words" Liège".
2 ° 2 °, paragraph 3, is supplemented by the following sentence: "With regard to the provincial Council of Flemish Brabant and Brussels and Brussels and Walloon Brabant provincial Council, the assessors may also be domiciled in Brussels-Capital Region".
S.
83. in article 8, § 1, of the same order royal No. 79, the words "their home" are repealed.
S. 84. in article 9, paragraph 1, of the same order royal No. 79, the word "district" are repealed.
S. 85. in article 12, § 7, of the arrested royal No. 79, "the Brussels agglomeration" shall be replaced by the words "the Region of Brussels-capital".
S. 86. in article 13, paragraph 3, of the arrested royal No. 79, the words "or instead of registration" shall be inserted between the words "home" and the words "one".
S.
87. in article 14, § 7, of the arrested royal No. 79, "the Brussels agglomeration" shall be replaced by the words "the Region of Brussels-capital".
S. 88. in article 25, § 1, paragraph 1, of the same arrested royal No. 79, amended by the Act of March 1, 2007, the words ", within fifteen clear days from the notification of the decision," are repealed and 'from this notification"shall be replaced by the words"from the notification of the decision".
S. 89. article 27, § 1, paragraph 1 of the same order royal No. 79, amended by the Act of March 1, 2007, is supplemented by the following sentence: "If the decision was taken as a last resort, execution takes courses at the expiration of the period of sixty days.".
S. 90. article 29 of the same order royal No 79 of which the current text will form the paragraph 1, is supplemented by a paragraph 2 as follows: § 2. Full and alternate members of the provincial councils, boards of appeal and the national Council whose mandate ends remain in office on an interim basis until the moment where it is provided for the renewal of the mandate through elections. "."
S.
91. article 3, paragraph 4, of the law of July 25, 1938, creating the College of physicians is repealed.
S.
92. at the date of entry into force of this Act, physicians enrolled at that date to the Flemish Council referred to in article 3, paragraph 4, of the law of July 25, 1938, creating the order of doctors, are listed right on the list of the Council of Flemish Brabant and Brussels. On the date of entry into force of this Act, physicians enrolled at that date to the francophone Council referred to in article 3, paragraph 4, of the law of July 25, 1938, creating the order of doctors, are listed right on the list of the provincial Council of Brussels and Walloon Brabant.
S. 93. article 90 is effective May 13, 2015.
CHAPTER 3. -Hospitals Section 1st. -Flat rate financing in the event of an epidemic or pandemic s. 94. in article 101 of the Act coordinated 10 July 2008 on hospitals and other care facilities, paragraph 1 is replaced by the following: "budget financial means may cover, lump-sum way, the costs of services upon: 1 ° disasters or calamities, to which stage three or four phase plan disaster was triggered" respectively by the Governor of province or the Minister who has the Interior in his or her attributions;
2 ° an epidemic or a pandemic which is determined by the King by Decree deliberated in Council of Ministers, after consultation with the Board of Governors of health. "."
Section 2. -Accessibility financial arts.
95. in article 30/1 of the Act, coordinated inserted by the law of December 27, 2012, the words "for the services defined by the King" are repealed.
S. 96. in article 98 of the coordinated Act, as amended by laws of December 10, 2009 and December 27, 2012, paragraph 2 is repealed.
S.
97A article 152, § 1, of the coordinated Act, replaced by the law of December 27, 2012, the following changes are made: 1 ° in the paragraph 1, the words "for the services defined by the King after the opinion of the Commission nationale Medico-mutualiste" are repealed;
2 ° paragraph (2) is repealed.
S. 98 order royal 10 April 2014 implementing article 152 § 1 of the coordinated law of July 10, 2008, on hospitals and other care facilities is repealed.
Section 3. -Cadastre heavy equipment art. 99. in article 56 of the Act coordinated on July 10, 2008, on hospitals and other care facilities, replaced by the Act of April 10, 2014, 'The professional practitioner who operates a device or equipment of medical imaging or treatment' shall be replaced by the words "the Manager or the professional practitioner who installs and operates a medical device heavy".
CHAPTER 4. -Organ transplantation Section 1st. -Registration of the declaration of will article 100. in article 10, § 3, paragraph 2), of the law of June 13, 1986, on the removal and transplantation of organs the words "via the national registry services" are repealed.
Section 2. -Status of the candidate-receiver art. 101. in article 13ter of the same Act, inserted by the Act of February 25, 2007, and amended by the law of July 3, 2012, the words "be domiciled in Belgium for 6 months at least" are replaced by the words "be included in the registry

population or 6 months at least to the register of aliens".
TITLE 5. -Federal Centre of expertise of health art. 102A article 270, § 1, of the programme law (I) of 24 December 2002, as last amended by the Act of December 23, 2009, the following changes are made: 1 ° in the introductory sentence of paragraph 1, the words 'twenty one members' are replaced by '24 members';
2 ° 1st paragraph is complemented by 13 °, as follows: "13 ° two members representing the patients and users of health services.";
3 ° paragraph 4 is replaced by the following: "the president and the members referred to the 6 °, 7 °, 8 °, 9 °, 10 °, 12 ° and 13 °, are, on presentation of the Ministers, appointed and dismissed by the King. The Chairman and members referred to the 6 °, 8 °, 9 °, 10 °, 12 ° and 13 ° shall be appointed for a renewable period of six years. ";
4 ° in paragraph 5, the words "the members referred to under 6 °, 7 °, 8 °, 9 °, 10 ° and 12 °" are replaced by the words "members referred to the 6 °, 7 °, 8 °, 9 °, 10 °, 12 ° and 13 °";
5 ° in paragraph 8, the words "Member referred to the 6 °, 7 °, 8 °, 9 ° and 12 °" are replaced by the words "members referred to the 6 °, 7 °, 8 °, 9 °, 12 ° and 13 °".
Promulgate this Act, order that it self under the seal of the State and published by le Moniteur.
Given to Brussels, 17 July 2015.
PHILIPPE by the King: sealed with the seal of the State: the Minister of Justice, K. GARG the Minister for Social Affairs and public health, Mr. DE BLOCK _ Note (1) records of the House of representatives: 54 - 1161/2014/2015 No. 1: Bill.
-No. 2: schedule. -No. 3: amendments. our 4 in 5: reports. -No 6: Text as adopted.
-No 7: amendments. No. 8: Text as adopted.