Act Regulating The Qualifications For Acts Of Non-Surgical Aesthetic Medicine And Cosmetic Surgery

Original Language Title: Loi réglementant les qualifications requises pour poser des actes de médecine esthétique non chirurgicale et de chirurgie esthétique

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now

Read the untranslated law here: http://www.ejustice.just.fgov.be/cgi/article_body.pl?numac=2013024225&caller=list&article_lang=F&row_id=1200&numero=1223&pub_date=2013-07-02&dt=LOI&language=fr&fr=f&choix1=ET&choix2=ET&fromtab=+moftxt&trier=publication&sql=dt+=+'LOI'&tri=pd+AS+RANK+

Posted the: 2013-07-02 Numac: 2013024225 PUBLIC SERVICE FEDERAL public health, food chain safety and environment 23 May 2013. -An act regulating the qualifications for acts of non-surgical aesthetic medicine and cosmetic surgery ALBERT II, King of the Belgians, to all, present and to come, hi.
The Chambers have adopted and we endorse the following: Chapter 1. -Available general Article 1. This Act regulates a matter referred to in article 78 of the Constitution.
CHAPTER 2. -Definitions art.
2. for the purposes of this Act, is meant by: 1 ° non-surgical aesthetic medicine: anything, technical medical surgical, realized using any instrument, chemical or device using any form of energy, with a passage through the skin or mucous membranes, and to amend the body appearance of a patient for cosmetic purposes, excluding any therapeutic or Rebuilder purpose mainly. Are included in the devices using any form of energy devices using laser class 4 or higher or intense pulsed light;
2 ° cosmetic surgery: all surgical acts aimed mainly to change the body appearance of a patient for cosmetic purposes, excluding any therapeutic or Rebuilder purpose;
3 ° liposuction: surgical operation consisting of suction of fat;
4 ° lipofilling: surgical operation consisting of injection of fat;
5 ° dermabrasion: surgical operation to abrade the skin or the upper layers of the dermis.
CHAPTER 3.
-Scope art. 3 are only empowered to acts falling within the cosmetic surgery or non-surgical cosmetic medicine professionals referred to in this Act and in the only measure of the authorization set out in this Act.
CHAPTER 4. -Art medical and rights of the patient art. 4. in article 1bis 3 ° order royal No. 78 of 10 November 1967 on the exercise of the professions of health care, inserted by the law of December 19, 2008, the words "or to accompany him at the end of life" are replaced by the words ", to modify his body appearance for primarily aesthetic purposes or to accompany him at the end of life.
S. 5. article 2, § 1, of the same royal decree, as amended by the law of December 13, 2006, is completed by two paragraphs worded as follows: "also reports to the illegal practice of the medical art the usual performance by a person does not meet all the conditions laid down in paragraph 1, in respect of a human being, any medical technical Act, with a passage through the skin or mucous membranes. , and mainly to amend the body appearance of the patient for cosmetic purposes, excluding any purpose therapeutic or Rebuilder.
The King may, pursuant to section 46ter, specify the acts referred to in paragraph 4. » Art. 6. in the same royal decree, it is inserted an article 46ter as follows: «art.» 46ter. the King may specify acts which fall within or cosmetic surgery, non-surgical aesthetic medicine referred to in article 2, 1 ° and 2 °, of the law of... regulating the qualifications for acts of non-surgical aesthetic medicine and cosmetic surgery, after receiving the opinion of the Council of medical aesthetics. » Art. 7. article 1 of order royal 25 November 1991 establishing a list of specific professional titles reserved for practitioners of the medical art, including dentistry, as last amended by the royal decree of 15 September 2006, is supplemented by the words "specialist in non-surgical aesthetic medicine.
S.
8. in article 2, 2 °, of the law of August 22, 2002 on the rights of the patient, the words "or to accompany him at the end of life" are replaced by the words ", to modify his body appearance for primarily aesthetic purposes or to accompany him at the end of life.
CHAPTER 5. -Clearances s.
9 are only empowered to carry out all the acts of non-surgical aesthetic medicine and cosmetic surgery, holders of a specific professional title of specialist doctor in plastic, reconstructive and aesthetic surgery or specialist doctors in surgery, referred to in article 1 of the royal decree of 25 November 1991 establishing a list of specific professional titles reserved for practitioners of the medical art , including dentistry, hereinafter 'the royal decree of 25 November 1991.
S. 10 § 1. Holders of the specific professional title of specialist in aesthetic medicine nonsurgical referred to in article 1 of the royal decree of 25 November 1991 are entitled to carry out all the acts of aesthetic medicine non-surgical, with the exception of intramammary injections.
§ 2. Holders of the specific professional title of specialist in aesthetic medicine nonsurgical referred to in article 1 of the royal decree of 25 November 1991 are also entitled to carry out the acts of cosmetic surgery following: 1 ° hair transplant;
2 ° lipofilling in all parts of the body, except the breast area, with a maximum of 10 milliliters of liquid injected by Act;
§ 3.
The King may specify the acts referred to in paragraph 2, after the opinion of the Council of medical aesthetics.
S.
11 § 1. Holders of the specific professional title of specialist doctor in dermato-Venereology referred to in article 1 of the royal decree of 25 November 1991 are entitled to carry out all the acts falling within the aesthetic medicine non-surgical, with the exception of intramammary injections.
§ 2. Holders of the specific professional title of specialist doctor in dermato-Venereology referred to in article 1 of the royal decree of 25 November 1991 are also entitled to carry out the acts of cosmetic surgery following: 1 ° hair transplant;
2 ° dermabrasion;
3 ° liposuction with a maximum of one liter of matter sucked up by Act, including liquid infiltration;
4 ° lipofilling in all parts of the body, except the breast region.
§ 3. The King may specify the acts referred to in paragraph 2, after the opinion of the Council of medical aesthetics.
S.
12. the holders of the professional titles of medical specialist referred to in the royal decree of 25 November 1991, listed below, are entitled to carry out all the acts of cosmetic or aesthetic medicine surgery nonsurgical, each within the framework of the anatomical of their specialty, as set out below: 1 ° medical specialist in Ophthalmology: region orbito-palpebral;
2 ° specialist in Stomatology: lips and oral region;
3 ° specialist in Otolaryngology: Pavilion of the ear and nasal area.
4 ° specialist in Gynecology and Obstetrics: mammary gland, abdominal area and genitalia;
5 ° specialist in urology: genitalia, male and female;
6 ° physician specialist licensee of the professional title of specialist in oral and maxillofacial surgery: face and neck.
S. 13. licensed physicians of the professional title of practitioner referred to in article 1 of the royal decree of 25 November 1991, undergoing training leading to the professional title of specialist doctor in non-surgical aesthetic medicine referred to in article 1 of the same royal decree may continue the exercise of general medical practice during their training and during the two years that followed the title of specialist doctor in non-surgical aesthetic medicine supra.
S. 14. holders of a specific professional title reserved for holders of a diploma of Bachelor of dental sciences referred to in article 3 of larrete royal of 25 November 1991 are entitled to carry out all the acts under non-surgical cosmetic surgery and aesthetic medicine in intraoral region.
S. 15. the beauticians who have professional skills laid down by the King are entitled to use by class 4 laser or intense pulsed light hair removal techniques, if they took a training determined by the King.
This training allows estheticians referred to theoretical and practical knowledge minimum regarding the dangers associated with the use of class 4 and intense pulsed light lasers, and concerning the precautions for use of these techniques.
For the use of a technique referred to in paragraph 1, the King may, in addition, mandatory prior consultation of a health care professional referred to in royal decree No 78 of 10 November 1967 on the practice of the professions of health care.
S.
16. without prejudice to the application of the Ministerial Decree of 30 April 1999 laying down the general criteria for approval of specialists, masters of internship and work placement services, doctors in training for one of the specific professional titles referred to in articles 9 to 12 are entitled to the same acts as the holders of the specific professional title of this specialty in the conditions of supervision provided for in legislation relating to the training of doctors in training for a specific professional title.
S. 17. the acts of non-surgical aesthetic medicine and cosmetic surgery can be performed on a minor with the written agreement of the legal representative or the legal representatives of the juvenile.
Any act falling within the medicine

cosmetic non-surgical or cosmetic surgery on a minor subject to prior consultation between the minor, his legal representative or his legal representatives and a specialist doctor in psychiatry or a psychologist. This consultation is the subject of a written report which is an integral part of the medical record of the minor patient.
CHAPTER 6. -Information and consent article
18 § 1. Prior to any act of cosmetic surgery or non-surgical aesthetic medicine, the responsible practitioner provides the following information to the patient and, where applicable, his legal representative or his legal representatives: 1 ° techniques and conditions of realization of the Act;
2 ° risks major potential and possible consequences and major complications;
3 ° the type of material implanted or injected product, including its name and its features (volume, measures, quantity);
4 ° the contact details of the producer and, where appropriate, the importer of the implanted material or the injected product;
5 ° the identity and the professional title which are licensed practitioner or practitioners performing the Act proposed;
6 ° a detailed assessment of the costs when the amount of the costs associated with the proposed Act is estimated at more than 1,000 euros. This amount is indexed on 1 January of each year following the next indexation formula: amount of base x new health/index of basic health.
The basic health index is that in force on 31 December 2012. The new index is the one who will successively to 31 December of each year.
§ 2. For any act of cosmetic surgery, the responsible practitioner provides the information referred to in paragraph 1 to the patient during a consultation.
§ 3. The information referred to in paragraph 1 are the subject of a report written, dated and signed by the patient or, where applicable, his legal representative or his legal representatives and concerned practitioners. This report is an integral part of the patient's medical record.
When several identical acts, at the level of the technical and product used, are carried out as part of the same process, the information referred to in paragraph 1erfont the subject of a single report as referred to in the preceding paragraph.

§ 4. The text of this article is reproduced on the report referred to in paragraph 3.

§ 5. The information referred to in paragraph 1 is provided to the patient, and, where appropriate, his legal representative or his legal representatives, without prejudice to any other information to be provided under other provisions, or manner in which such information must be communicated or stored.
S. 19. the signing of the report referred to in article 18 § 3, paragraph 1, the parties made the period provided for in article 20.
S.
20. for any cosmetic surgery, a minimum period of fifteen days elapses between the signing of the report referred to in article 18 § 3, paragraph 1, and the proposed Act.
During this period, it may be required or obtained by the practitioner for this Act No consideration any or any financial commitment with the exception of the consultations to the Act fees.
CHAPTER 7. -Provisions criminal art. 21. without prejudice to the application of the penalties provided by the penal Code, as well as is it necessary, the application of disciplinary sanctions, the doctor or dentist who, in contravention of articles 9 to 16 accomplishes habi-Mally an act under cosmetic surgery or non-surgical aesthetic medicine without qualify in accordance with this Act shall be punished by imprisonment of one month to one year and a fine of two hundred and fifty euros to ten thousand euros
or one of those penalties only.
S. 22. without prejudice to the application of the penalties provided by the penal Code and, where appropriate, the application of disciplinary sanctions, the practitioner under this Act who commits an offence under section 17, 18 or 20 is punished by imprisonment from eight days to six months and a fine of two hundred and fifty five thousand euros or one of those penalties only.
CHAPTER 8. -Council of aesthetic medical art. 23. There is created a Board of medical esthetics.
The King defines the composition and functioning of this Council. This Council is composed of holders of the diploma of doctors and half of holders of the specific professional title of specialist doctor in plastic, reconstructive and aesthetic surgery, referred to in article 1 of the royal decree of 25 November 1991. This Board also includes holders of the specific professional title of specialist in non-surgical medical esthetics and holders of the specific professional title of specialist doctor in dermato-Venereology.
CHAPTER 9. -Measures transitional art. 24 § 1. A period of practice of a duration of at least three years full-time or equivalent part-time period, non-surgical aesthetic can be validated as valid for all or part of the training leading to the professional title of specialist in aesthetic medicine non-surgical. The application must be lodged within a period of two years after the entry into force of article 10.

§ 2. Holders of a master's degree in medicine or equivalent which may justify a regular experience over five years of practice in aesthetic medicine non-surgical on the day of the entry into force of this section are licensed to practice the non-surgical aesthetic medicine.
The authorization request must be lodged within a period of one year after the entry into force of this section.
During this period, holders of a master's degree in medicine or equivalent which may justify a regular experience over five years of practice in aesthetic medicine non-surgical on the day of the entry into force of this section are still allowed to practise non-surgical aesthetic medicine.
§ 3. Holders of a master's degree in medicine or equivalent which may justify a regular experience of over five years of practice in the liposuction on the day of the entry into force of this section are entitled to practice this Act, with a maximum of one liter of matter sucked up by Act, including the liquid infiltration. The application for authorization must be lodged within a period of one year after the entry into force of this section. During this period, holders of a master's degree in medicine or equivalent which may justify a regular experience of over five years of practice in the liposuction, on the day of the entry into force of this section, remain empowered to practice this Act, with a maximum of one liter of matter sucked up by Act, including the liquid infiltration.
§ 4. Requests referred to in paragraphs 1, 2 and 3 are processed according to the procedure applicable to requests for approval for the specific professional title of specialist doctor in non-surgical aesthetic medicine.
§ 5. As long as training referred to in article 15, § 1, has not been set by the King, although this period may exceed one year from the entry into force of this section, the requirement of this training is replaced by a declaration on the honour of the concerned esthetician, attesting that it possesses the skills required for the use of the techniques of laser class 4 or by intense pulsed light hair removal.
§ 6. Until the entry into force of article 10, holders of a master's degree in medicine or equivalent are entitled to practise all acts of non-surgical aesthetic medicine and cosmetic surgery referred to in article 10 acts § 2.
CHAPTER 10. -Entry into force art. 25. article 10 come into force on a date to be fixed by the King and no later than September 1 2014.Promulguons this Act, order that it self under the seal of the State and published by le Moniteur.
Given in Brussels, 23 May 2013.
ALBERT by the King: the Minister of Social Affairs and public health, Mrs ONKELINX Scellé the seal of the State: the Minister of Justice, Ms. A. TURTELBOOM _ Note the Senate Documents: 5-62 - H.E. 2010: No. 1: Bill Ms. Tilmans, Mr. Claes, Mrs Temmerman, Lijnen and Thibaut, M. de Warnaffe Bus, Ms. Piryns, M. Brotchi and Ms. de Béthune.
5 - 62 - 2010/2011: No. 2: notice of the State Council.
5 - 62 - 2011/2012: No. 3: amendments.
No. 4: Notice of the State Council.
5 - 62 - 2011/2012: No. 5: amendments.
No. 6: report.
No. 7: Text adopted by the commission.
No. 8: amendments.
No. 9: report.
No. 10: Text adopted by the commission.
No. 11: Text adopted in plenary meeting and transmitted to the House of representatives.
5 - 62 - 2012/2013: No. 12: draft amended by the House of representatives and sent to the Senate.
No. 13: Report on behalf of the Committee.
No. 14: Decision to go along with the draft amended by the House of representatives annals of the Senate: April 18, 2013.
Records of the House of representatives: Doc 53 2577 / (2012-2013): 001: draft transmitted by the Senate.
002 and 003: amendments.
004: Report.
005: Text adopted by the commission.
006: Erratum 007: text adopted in plenary meeting and sent to the full Senate: March 21, 2013.