belgiquelex.be - Carrefour Bank of Legislation

10 DECEMBER 2009. - Act on various health provisions

ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
CHAPTER 1^er. - Introductory provision
Article 1^er. This Act regulates a matter referred to in Article 78 of the Constitution.
CHAPTER 2. - Federal Public Service Public Health, Food Chain Safety and Environment
Section 1^re. - Amendment of the Hospitals and Other Care Facilities Act, coordinated on 10 July 2008
Art. 2. Section 9 of the Hospitals and Other Care Institutions Act, coordinated on 10 July 2008, is replaced by the following:
"For the provisions of sections 18 to 22, with the exception of section 18, paragraph 2, 1 and Part IV, dental practitioners referred to in Article 3, paragraph 1^er, Royal Decree No. 78 of 10 November 1967 concerning the exercise of the professions of health care, as well as pharmacists or graduates in the chemical sciences working in the hospital environment who are entitled, under Article 5, § 2, of the same decree, to carry out clinical biology analyses, are assimilated to the hospital doctor. »
Art. 3. Section 18, paragraph 2, 2°, of the Hospitals and Other Care Establishments Act, coordinated on 10 July 2008, is supplemented by a paragraph written as follows:
"By derogation from paragraph 1^er, 2°, pharmacists or graduates in the chemical sciences who, in accordance with Article 5, § 2, of Royal Decree No. 78 of November 10, 1967 concerning the exercise of the professions of health care are empowered to perform clinical biology analyses, can only become chief of service of a laboratory of clinical biology. »
Art. 4. Section 98 of the Hospitals and Other Care Institutions Act, coordinated on 10 July 2008, is supplemented by a paragraph written as follows:
"any information or clause in another document other than that referred to in paragraph 1^er, c), which is contrary to the information given in the document referred to in paragraph 1^er, c ), or contains amounts within the meaning of paragraph 1^er, (a), not in accordance with the amounts indicated in the document referred to in paragraph 1^er, c), is zero. »
Section 2. - Amendment of the Act of 4 June 2007 amending legislation to promote patient mobility
Art. 5. Section 6 of the Act of 4 June 2007 amending legislation to promote patient mobility is replaced by the following:
"This Act comes into force on 1^er July 2010. »
Art. 6. In Article 4, § 1^er, in the same law, the words "to the General Council of INAMI" are replaced by the words "to INAMI and the SPF Public Health, Safety of the Food Chain and Environment".
Section 3. - Amendment of the Act of 29 April 1996 on social provisions
Art. 7. In section 159, paragraph 1^er, of the Act of 29 April 1996 on social provisions, is inserted a point 2°/1, which reads as follows:
"2°/1 of two effective members and two alternate nurses; These members are appointed by the King on the lists of candidates presented by the professional organizations of the nurses. Each list has a double number of candidates compared to the number of mandates to be assigned to these organizations. »
Section 4. - Amendment of Royal Decree No. 78 of 10 November 1967 on the Exercise of Health Care Professions
Art. 8. Section 35 of Royal Decree No. 78 of 10 November 1967 on the Exercise of Health Care Professions, inserted by the Act of 19 December 1990, is supplemented by a paragraph written as follows:
"The exclusive practice of specialty, to which the approval referred to in section 35quater relates, by a health care professional referred to in that order, may be one of the criteria for obtaining and maintaining the licence. »
Art. 9. In the same Royal Decree No. 78, an article 35sexies /1 is inserted as follows:
"Art. 35sexies/1. The Minister who has the Public Health in his or her responsibilities may associate a non-profit association of French linguistic roles and a non-profit association of Dutch linguistic roles, with a view to coordinating the training conducted as a general practitioner as a professional. The King defines the criteria for granting and maintaining the accreditation and the procedure for accreditation of these associations. »
Art. 10. Section 9 produces its effects on 1^er July 2009.
Section 5. - Amendments to the Act of 8 July 1964 on emergency medical assistance
Art. 11. In section 5 of the Act of 8 July 1964 on urgent medical assistance, amended by the Act of 22 February 1998 on social provisions and by the Act of 14 January 2002 on health care measures, paragraph 1^er is replaced by the following:
"On request of the attendant of the unified call system or the medical dispatcher, any person who effectively performs an ambulance service organized or granted by the public authorities and, from the date referred to in Article 3bis, § 1^erParagraph 1^eran ambulance service referred to in Article 3bis shall be required to send an ambulance to the place indicated, to cause the crew to lay down the useful acts for which these professionals are authorized on the persons referred to in Article 1^er, to carry these persons to the hospital indicated to him, and to take immediate action to that end. »
Art. 12. In the same law, an article 10ter is inserted, as follows:
"Art. 10te r. Urgent medical assistance actors referred to in sections 4, 4bis, 5, 6 and 6bis, as well as the centres of the unified appeal system and the dispatching unit of emergency medical assistance and health vigilance referred to in section 207 of the Program Law of 9 July 2004, are obligated to record the activities of their services, in accordance with the provisions of Articles 5, paragraph 1^er, e), and 7, § 2, d), of the Act of 8 December 1992 on the protection of privacy with respect to personal data processing, and to produce an annual report.
The purpose of this registration is to improve the operation of urgent medical assistance, to carry out studies, to establish administrative simplification and automation projects and to enable the Emergency Medical Aid Commissions referred to in the Royal Decree of 10 August 1998 establishing the Emergency Medical Aid Commissions and the National Emergency Medical Relief Council referred to in the Royal Order of 5 July 1994 creating a National Emergency Medical Council.
The King shall determine the modalities and content of the registration and annual report, after consultation with the Sectoral Committee on Social Security and Health, Health Section, established within the Commission on the Protection of Privacy.
The marketing of registration data is prohibited. »
Art. 13. The King sets the effective date of articles 11 and 12.
Section 6. - Amendment of the Act of 24 January 1977 on the Protection of Consumer Health with regard to foodstuffs and other products, the Act of 28 December 1983 on the patent for the flow of spirituous beverages and the Decree of the Law of 14 November 1939 on the suppression of drunkenness
Art. 14. Section 6 of the Act of 24 January 1977 on the Protection of Consumer Health with respect to food and other products, as amended by the Acts of 22 March 1989, 19 July 2004, 27 December 2004 and 1^er March 2007, is supplemented by paragraph 6 as follows:
Ҥ 6. It is prohibited to sell, serve or offer any beverage or product with an alcoometric title acquired greater than 0.5% vol to young people under the age of 16.
It may be required of any person who intends to acquire drinks or other alcohol-based products to prove that they have reached the age of sixteen years.
It is prohibited to sell, serve or offer spirituous beverages as defined in section 16 of the law of 7 January 1998 concerning the structure and rates of excise duty on alcohol and alcoholic beverages, to young people under the age of 18.
It may be required of any person who intends to acquire spirituous beverages to prove that they have reached the age of eighteen years. »
Art. 15. § 1^er. In section 13 of the Act of 28 December 1983 on the patent for the flow of spirituous beverages paragraphs 1^er and 2 are repealed.
§ 2. Section 5 of the Decree-Law of November 14, 1939 on the repression of drunkenness is repealed.
In section 7 of the Act, the words ", 5" are repealed.
Section 7. - Amendment of the Protection and Welfare of Animals Act of 14 August 1986
Art. 16. Article 42, § 1^erthe Protection and Welfare of Animals Act of 14 August 1986, as amended by the Act of 4 May 1995, is supplemented by a paragraph that reads as follows:
"They may also seize animals when they are detained despite a prohibition imposed under section 40. »
CHAPTER 3. - Federal Agency for Drugs and Health Products
Section 1^re. - Amendment of the Act of 25 March 1964 on Drugs
Art. 17. In Article 6, § 1^erof the Act of 25 March 1964 on Drugs, replaced by the Act of 1^er May 2006 and amended by the Act of 24 July 2008, a paragraph is inserted between paragraphs 7 and 8:
"The applicant or the licensee of the marketing or registration authorization is required to provide to the Minister or his or her delegate, within the time limit set by the King, all necessary documents to close the file for the granting or modification of the marketing or registration authorization, as determined by the King. After this period, the application for an authorization to market or to register or amend is considered in full right to be withdrawn by the applicant or the licensee. The King shall establish the conditions, deadlines and modalities necessary for the application of this paragraph. »
Art. 18. Article 17 comes into force on a date to be determined by the King.
Section 2. - Amendment of the Act of 20 July 2006 on the creation and operation of the Federal Agency for Drugs and Health Products
Art. 19. Section 8, § 2, of the Act of 20 July 2006 on the establishment and operation of the Federal Agency for Drugs and Health Products is supplemented by a paragraph written as follows:
"The deputy head is assisted by a steering committee chaired by him. This steering committee also performs the competencies of the board of directors described in Article 16, § 2, of the Royal Decree of January 8, 1973 establishing the status of the staff of certain bodies of public interest. The management committee includes the deputy head and other management functions. The Minister may appoint a maximum of six other staff members as members of the steering committee, on the proposal of the steering committee, to ensure the multidisciplinary nature of the members of the steering committee. The Executive Committee shall prepare rules of procedure, which shall be submitted for approval to the Minister. »
Art. 20. Article 22, paragraph 1^erParagraph 1 of the Act is supplemented by the following sentence:
"However, Article 16, § 1^er, of the Royal Decree of 8 January 1973 establishing the status of the staff of certain public interest agencies is not applicable with respect to the Federal Agency for Drugs and Health Products. »
CHAPTER 4. - Mandatory health insurance and allowances
Section 1^re - Major intervention of insurance
Art. 21. In section 37, § 19, of the Compulsory Health Care and Compensation Insurance Act, coordinated on 14 July 1994, replaced by the Program Act of 27 December 2006 and amended by the Act of 26 March 2007, the following amendments are made:
1st paragraph 1^er is completed by the 7°, as follows:
"7° single-parent families. »;
2° in paragraph 2, the words "the age of the holders referred to in paragraph 1^er, 6°, and » are repealed;
3° paragraph 2 is supplemented by the following sentence:
"The King also determines, by deliberate decree in the Council of Ministers, what should be heard by "monoparent family". »
Section 2. - Human Genetics Centres
Art. 22. In section 22, 18°, of the same law, inserted by the law of 19 December 2008, the words "recognized on the basis of the criteria established by the King" are replaced by the words "accredited in accordance with section 58 of the Hospitals Act and other care facilities, coordinated on 10 July 2008".
Section 3. - Technical advice
Art. 23. In article 28, § 5, of the same law, introduced by the law of 23 December 2005, the following amendments are made:
1° in paragraph 3, 1°, the words "at 5°" are replaced by the words "at 2° to 5°";
2° the paragraph is supplemented by the following paragraph:
"The chair and committee members are appointed by the minister. »
Section 4. - Profile commissions
Art. 24. In section 30 of the Act, as amended by the Act of 24 December 2002, paragraph 1^er is supplemented by the words "and data referred to in section 165".
Section 5. - Drugs
Art. 25. In section 35bis of the Act, the following amendments are made:
1° in paragraph 10, paragraph 3 is replaced as follows:
"The Minister, after taking notice of the national commission of doctors-insurance bodies, either the Drug Refund Commission on its own initiative, may designate the classes or therapeutic subclasses of the pharmaceutical specialties or groups of pharmaceutical specialists that come into account.
The Minister adapts the list of refundable specialties in accordance with the procedure established by the King. »;
2° in paragraph 7, paragraph 1^er, the words "it may on its own initiative or at the request of the applicant, propose" are replaced by the words "it or the applicant may propose to the Minister";
Paragraph 3 of paragraph 7 is repealed.
Section 6. - Chronic diseases
Art. 26. Article 37, § 16bis, of the same law, last amended by the law of 27 December 2006, is supplemented by a paragraph written as follows:
"However, where the intervention referred to in paragraph 1^er, 3°, relates to benefits referred to in article 34, paragraph 1^er, 5° or 20°, the King may modify the list by an order that must not be deliberated in Council of Ministers. »
Section 7. - Remuneration of pharmacists
Art. 27. Article 35ter, § 1^er, of the same law replaced by the law of 27 December 2005 and amended by the law of 25 April 2007, the words " referred to in section 35octies, § 2, paragraph 2," are inserted between the words "honorary" and the words "and the current rate of the T.V.A.."
Art. 28. to section 35octies of the Act, inserted by the Act of 25 April 2007, the following amendments are made:
1° in paragraph 1^er, paragraph 2 the words "subject to § 2, paragraph 2," are inserted between the words "honorary" and the words "and the rate of the existing T.V.A.";
2° in paragraph 2, paragraph 2, the words "reimbursable pharmaceutical specialties are distributed" are replaced by the words "reimbursable pharmaceutical specialties can be divided";
3° Paragraph 2 is supplemented by two subparagraphs as follows:
"The King may establish, in addition to the honorary referred to in paragraph 2, specific fees for the remuneration of special pharmaceutical care that he designates. These specific fees may consist of a fixed amount per grant, a package or both and are fully covered by the insurance.
The King sets the relative value of the fixed amount by issue of the specific fee or fee. »
Art. 29. Articles 27 and 28 come into force on a date to be determined by the King.
Section 8. - Prevention campaigns
Art. 30. In Article 56, § 2, paragraph 1^er the Act, amended by the Acts of 22 August 2002, 27 December 2006 and 19 December 2008, is replaced by the following:
"5° to provide an intervention in the cost of health benefits, referred to in section 34, which is delivered in the framework of vaccination and screening programmes developed by the Authorities referred to in sections 128, 130 and 135 of the Constitution. The King sets out, by order deliberately in the Council of Ministers, the rules to determine the budget and payment of the intervention in accordance with the terms and conditions that He sets. The King also sets out the data relating to this intervention that the above-mentioned authorities must communicate to the Institute as well as the modalities of this communication. »
Section 9. - Reference amounts
Art. 31. Article 56 ter , § 5, 2°, of the same law, replaced by the law of 19 December 2008, is supplemented by the following sentence:
"As long as no regime is provided for in the regulations, the regime referred to in section 151, paragraphs 3 to 5, of the above-mentioned Act is applicable. »
Section 10. - Agreements entered into by the Insurance Committee
Art. 32. In Article 16, § 1^er, of the same law, last amended by the law of 27 December 2006, the 11th is repealed.
Art. 33. In section 22 of the Act, last amended by the Act of 19 December 2008, the 6th is replaced by the following:
"6° concludes, on the proposal of the College of Physicians and Directors or relevant committees of conventions or agreements, with functional rehabilitation and vocational rehabilitation institutions, with coordinated multidisciplinary care centres and with integrated home care services, approved in accordance with the standards set out in Article 170, § 1^erParagraph 1^er the Hospitals and other care facilities Act, coordinated on 10 July 2008, and the circles of general practitioners, approved in accordance with the standards set out in article 9 of Royal Decree No. 78 on the exercise of health care professions, the conventions referred to in article 23, § 3; "
Art. 34. In section 23 of the Act, last amended by the Act of 27 December 2006, subsection 3 is replaced by the following:
“§3. The College of Physicians/Directors or the relevant convention or agreement commissions, establish with functional rehabilitation and vocational rehabilitation institutions as well as with coordinated multidisciplinary care centres, integrated home care services, approved in accordance with the standards set out in Article 170, § 1^erParagraph 1^er, the Hospitals and Other Care Establishments Act, coordinated on July 10, 2008, and the circles of general practitioners, approved in accordance with the standards set out in article 9 of Royal Decree No. 78 on the exercise of the professions of health care, the draft conventions to be concluded with them and, to this effect, submit them to the Insurance Committee. Draft functional rehabilitation conventions, draft conventions with coordinated multidisciplinary care centres, draft conventions with integrated home care services and circles of general practitioners are also communicated to the Budget Control Commission. The Board shall notify the Insurance Committee. »
Art. 35. Articles 32 to 34 produce their effects on 1^er April 2009.
Section 11. - Anatomopathology laboratories
Art. 36. Section 67 of the Act, as amended by the Acts of 21 December 1994 and 24 December 1999, is supplemented by a paragraph 3 as follows:
“§3. By derogation from section 60 of the Act of 22 May 2003 on the organization of the federal budget and accounting, the contributions provided for in paragraph 1^er, are attributed to the legal personality of the Scientific Institute of Public Health for the financing of tasks related to the external quality control of the pathological anatomy laboratories referred to in section 65 of this Act. »
Section 12. - Adaptations to the Compulsory Health Care Insurance Act following the coordination of the Hospitals Act
Art. 37. In Article 17, paragraph 2, 7°, of the Compulsory Health Care Insurance Act and Coordinated Allowances on July 14, 1994, inserted by the Act of December 24, 1999, the words "Article 19, paragraph 1^er, c), of the Hospitals Act, coordinated on August 7, 1987, are replaced by the words "section 32, 2°, of the Hospitals Act and other care facilities, coordinated on July 10, 2008".
Art. 38. In section 25, paragraph 4, 2°, of the same Act, as amended by the Act of 27 April 2005, the words "Article 90 of the Hospitals Act, coordinated on 7 August 1987" are replaced by the words "Article 97 of the Hospitals and Other Care Institutions Act, coordinated on 10 July 2008".
Art. 39. article 34, paragraph 1^erthe following amendments are made to the Act:
1° In the 1st, b, restored in its reading of January 25, 1999 by the partial cancellation of the law of August 10, 2001 by decision No.78/2003 of June 11, 2003 of the Constitutional Court, the words "Article 5, § 1^er, first paragraph of the law of 27 June 1978 amending the law on hospitals and on certain other forms of dispensation, as amended by the law of 25 January 1999 are replaced by the words "Article 170, § 1^erParagraph 1^erthe Hospitals and Other Care Facilities Act, coordinated on July 10, 2008;
2° in 6°, amended by the law of 12 December 1994, the words "Article 69, 3°, of the Hospitals Act, coordinated on 7 August 1987" are replaced by the words: "Article 67, paragraph 1^er3° of the Hospitals and Other Care Institutions Act, coordinated on July 10, 2008;
3° in the 11th, replaced by the Act of 24 December 1999, the words "Article 5 of the Act of 27 June 1978 amending the legislation on hospitals and certain other forms of care dispensation" are replaced by the words "Article 170 of the Law on Hospitals and Other Care Institutions, coordinated on 10 July 2008";
4° in the 13°, amended by the law of 10 August 2001, the words: "Article 5, § 1^er, paragraph 1 of the Act of 27 June 1978 amending the Hospitals Act and relating to certain other forms of care are replaced by the words "Article 170, § 1^erParagraph 1^er the Hospitals and Other Care Institutions Act, coordinated on July 10, 2008."
Art. 40. In article 36terdecies of the same law, inserted by the law of 22 December 2008, the words "article 5, § 1^er, of the law of 27 June 1978 amending the law on hospitals and on certain other forms of care dispensation are replaced by the words "art. 170, § 1^erParagraph 1^erthe Hospitals and Other Care Institutions Act, coordinated on July 10, 2008."
Art. 41. the following amendments are made to section 37 of the Act:
1° in paragraphs 7 and 14, the words "the Hospitals Act, coordinated on August 7, 1987" are replaced by the words "the Hospitals Act and other Care Institutions Act, coordinated on July 10, 2008";
2° in paragraph 16, the words "Section 96 or section 107bis of the Hospitals Act, coordinated on August 7, 1987" are replaced by the words "Section 103 of the Hospitals and Other Care Institutions Act, coordinated on July 10, 2008".
Art. 42. the following amendments are made to section 40 of the Act:
1° in paragraph 1^er, paragraph 2, as amended by the Royal Decree of 10 December 1996 and by the laws of 24 December 1999, 14 January 2002 and 22 December 2003, the words "Article 104quater, § 1^er, of the Hospitals Act, coordinated on 7 August 1987, are replaced by the words "Article 117, § 1^erthe Hospitals and Other Care Facilities Act, coordinated on July 10, 2008;
2° in paragraph 3bis, inserted by the law of August 22, 2002, the words "Article 87 of the Hospitals Act" are replaced by the words "Article 95 of the Hospitals and Other Care Institutions Act, coordinated on July 10, 2008".
Art. 43. to section 56bis of the same law inserted by the Royal Decree of 25 April 1997 and amended by the Act of 14 January 2002, the following amendments are made:
1° in paragraph 1^er, the words "the law on hospitals coordinated on August 7, 1987" are replaced by the words "the law on hospitals and other care institutions, coordinated on July 10, 2008";
2° in paragraph 3, 3°, the words "Section 9ter of the Hospitals Act, coordinated on August 7, 1987" are replaced by the words "Section 11 of the Hospitals and Other Care Institutions Act, coordinated on July 10, 2008".
Art. 44. to section 56ter of the Act replaced by the Act of 19 December 2008, the following amendments are made:
1° in paragraph 2, the words "Article 87 of the Hospitals Act, coordinated on August 7, 1987" are replaced by the words "Article 95 of the Hospitals and Other Care Institutions Act, coordinated on July 10, 2008";
2° in paragraph 5, 2°, the words "Article 135, 1°, paragraph 2, or Article 136, paragraph 1^er, of the Hospitals Act, coordinated on August 7, 1987, are replaced by the words "Article 149, 1°, paragraph 2 or Article 150 paragraph 1^erthe Hospitals and Other Care Institutions Act, coordinated on July 10, 2008."
Art. 45. In article 63, 1°, paragraph 1^er, in the same law, the words "the law on hospitals coordinated on August 7, 1987" are replaced by the words "the law on hospitals and other care institutions, coordinated on July 10, 2008".
Art. 46. the following amendments are made to section 64 of the Act:
1° in paragraph 1^erParagraph 1^eramended by the Acts of 22 February 1998, 27 April 2005 and 19 December 2008, the words "the law on hospitals coordinated on 7 August 1987" are replaced by the words "the law on hospitals and other care institutions, coordinated on 10 July 2008";
2° in paragraph 1^er, paragraph 3, inserted by the law of 27 April 2005, the words "Article 107 § 1^er, of the Hospitals Act, coordinated on 7 August 1987, are replaced by the words "Article 120, § 1^erthe Hospitals and Other Care Facilities Act, coordinated on July 10, 2008;
3° in paragraph 2, paragraph 1^er, inserted by the law of 27 April 2005, the words "Article 40, without approval as a medical-technical service referred to in Article 44, or in violation of the maximum number or programming criteria referred to in Article 41, or 44ter, of the Hospitals Act, coordinated on 7 August 1987" are replaced by the words "Article 54, without approval as a maximum medical-technical service referred to in Article 58, or
4° in paragraph 2, paragraph 4, inserted by the law of 27 April 2005, the words "Article 107, § 1^er of the Hospitals Act, coordinated on 7 August 1987, are replaced by the words "Article 120, § 1^erthe Hospitals and Other Care Facilities Act, coordinated on July 10, 2008;
5° in paragraph 3, inserted by the Act of 27 April 2005, the words "of articles 40, 41, 44 or 44 bis or 44ter of the Hospitals Act coordinated on 7 August 1987" are replaced by the words "of articles 54, 55, 58, 59 or 60 of the Hospitals Act and other care institutions, coordinated on 10 July 2008".
Art. 47. In article 64bis, paragraph 1^er, from the same law, inserted by the law of January 14, 2002, the words "Article 87 of the Hospitals Act, coordinated on August 7, 1987" are replaced by the words "Article 95 of the Hospitals and Other Care Institutions Act, coordinated on July 10, 2008" and the words "Article 100 of the aforementioned Law" are replaced by the words "Article 110 of the aforementioned Law".
Art. 48. In Article 136, § 1^er, paragraph 3, and § 5 of the same law, inserted by the Act of 22 August 2002, the words "Article 87 of the Hospitals Act" are each replaced by the words "Article 95 of the Hospitals and Other Care Institutions Act, coordinated on 10 July 2008".
Art. 49. In Article 155, § 1^erParagraph 1^er, 2°, of the same law, as amended by the law of 22 August 2002, the words "Article 115, § 3, of the law on hospitals coordinated on 7 August 1987" are replaced by the words "Article 127, § 3, of the law on hospitals and other care institutions, coordinated on 10 July 2008".
Art. 50. In section 164, paragraph 2, of the Act, as amended by the Acts of 20 December 1995 and 22 August 2002, the words "section 87 of the Hospitals Act" are replaced by the words "section 95 of the Hospitals and Other Care Institutions Act, coordinated on 10 July 2008".
Art. 51. Article 191, paragraph 1^er, 3°, paragraph 2, of the Act amended by the Acts of 27 December 2004 and 27 December 2005, the following amendments are made:
1° the words "Article 47, paragraph 2, of the Hospitals Act, coordinated on August 7, 1987" are replaced by the words "Article 65, paragraph 2, of the Hospitals and Other Care Institutions Act, coordinated on July 10, 2008".
2° the words "articles 100 and 102" are replaced by the words "articles 110 and 112";
3° the words "Article 5, § 5, of the law of 27 June 1978 amending the law on hospitals and relating to certain other forms of dispensation of care" are replaced by the words "Article 170, § 5, of the law on hospitals and other care institutions, coordinated on 10 July 2008".
Art. 52. In section 217 of the Act, as amended by the Acts of 22 February 1998, 14 January 2002, 22 August 2002 and 26 March 2007, the words "Hospital Act, coordinated on 7 August 1987" are replaced by the words "Hospital and other care institutions Act, coordinated on 10 July 2008".
Section 13. - Administrative and medical control
Art. 53. Section 185, § 2, of the Act, as amended by the Health Provisions Act of 19 December 2008, is replaced as follows:
“§2. By derogation from section 12, 3°, the inspectors, pharmacists, inspectors, nurses and social controllers referred to in section 146 and the social inspectors and controllers referred to in section 162 shall be appointed by the King on the proposal of the Board of Directors of the Institute. They are demoted, deported or revoked by the King. »
Section 14. - Care providers
Art. 54. Article 73, § 1^er, the same law replaced by the Act of 24 December 2002, is supplemented by five paragraphs written as follows:
"The caregivers are required to clearly inform the beneficiaries of their accession or refusal to accede to the agreements or conventions that concern them.
They are also required to clearly inform beneficiaries of the days and hours for which they have not acceded to agreements or conventions if they provide for this possibility.
If the benefits are organized in a place that brings together several caregivers, the obligation of information can be organized in a common and centralized manner rather than by each individual caregivers.
In addition to what is specifically provided for in Articles 50, § 3, last paragraph, and § 50, § 3bis, the information shall contain at least a clear and visible display incorporating the elements referred to in paragraphs 4 and 5.
The King may establish rules of application in respect of information that caregivers must communicate to beneficiaries whether or not they have acceded to agreements or conventions that concern them. These rules of application may differ depending on the categories of caregivers or the places of benefit. The King may also provide for a poster model to be used by caregivers. »
Art. 55. Article 168, paragraph 5, of the same law inserted by the law of 22 August 2002, is supplemented by the following sentence: "An administrative fine of 125 euros is also imposed on the caregiver who does not respect the obligation of information referred to in Article 73, § 1^erparagraphs 4 and 4. »
Section 15. - Trade union allowance for staff employed in hospitals
Art. 56. In section 59bis of the Program Law of January 2, 2001, the words "6°" are inserted between the words "section 34" and "7°".
Section 16. - Attractivity of health care professions
Art. 57. In the programme law of 2 January 2001, a Chapter IIter is inserted as follows:
CHAPTER IIter. - Initiatives to stimulate the attractiveness of health care professions
Art. 59quater. The King sets out, by order deliberately in the Council of Ministers, initiatives to increase the attractiveness of health professions whose financial impact is borne by the public authorities. These initiatives may relate to working conditions, terms and conditions of reimbursement, reduced working time and reduced workload, education, qualification and training, and involvement in the decision-making process. The King sets out the terms for determining the financial impact, the amount and payment of the financial intervention.
To this end, the King may:
1° designate the data used as the basis for fixing the intervention;
2° designate the public authorities responsible for collecting and processing such data;
3° fix the method of calculating the intervention;
4° determine the period to which this intervention applies;
5° determine the natural or legal person to whom the intervention is to be paid, and the periods to which the payment is to be made;
6° define the conditions under which this intervention is due;
7° define the beneficiary of the intervention;
8° to designate public services to be responsible for the calculations and payment of this intervention, and for the control of its assignments;
9° designate the portion of the financial impact of interventions that will be borne by the budget of the Kingdom, or the portion of the budget for compulsory health care insurance and allowances. »
Section 17. - Standard allocation
Art. 58. Section 196bis, paragraph 6, 2 of the Compulsory Health Care Insurance Act, coordinated on 14 July 1994, is supplemented by the following sentence:
"The rules of Article 196, § 2, are also applied on this second key of normative distribution. »
Section 18. - Health benefits
Art. 59. A section 36quatrodecies, as follows, is included in the Compulsory Health Care and Compensation Insurance Act, coordinated on 14 July 1994:
"The King shall, on the proposal of the National Commission of Medico-mutualism, establish the conditions and conditions under which compulsory health care and allowances shall pay a lump sum fee to stimulate the presence of specialists in paediatrics in the hospital, so as to allow the availability of this expertise outside of the hourly beaches for which the payment of availability fees is provided. “
CHAPTER 5. - The eHealth platform
Art. 60. Article 3, § 2, of the Royal Decree of 3 April 1997 on measures for the accountability of public social security institutions, pursuant to Article 47 of the Law of 26 July 1996 on the Modernization of Social Security and ensuring the viability of the legal pension schemes, as amended by the Royal Decrees of 8 April 2002, of 23 April 2002, of 29 April 2002, of 10 December 2002, of 11 July 2003, of 2 October 2003, of 7 October 2003, of 23
"For the application of this Royal Decree and its enforcement orders, the eHealth platform, referred to in the Act of 21 August 2008 on the institution and organization of the eHealth platform, is also a public social security institution, in accordance with Article 2 of the said Law. »
Promulgation of this law, let us order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 10 December 2009.
ALBERT
By the King:
Minister of Social Affairs and Public Health,
Head of Social Integration,
Ms. L. ONKELINX
Seal of the state seal:
Minister of Justice,
S. DE CLERCK
Note
Documents of the House of Representatives:
52-2172 - 2008/2009: No. 1: Bill. - No.^s 2 and 3: Amendments. - Number four: Report.
52-2172 - 2009-2010:
No. 5: Text adopted by the commission. - No. 6: Text adopted in plenary session and transmitted to the Senate.
Full report: 12 November 2009.
Documents of the Senate:
4-1494 - 2009/2010:
No. 1: Project not referred to by the Senate.