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17 NOVEMBER 1998. - An Act to amend the Act of 24 February 1921 concerning the trafficking of poisonous, soporific, narcotic, disinfectant or antiseptic substances and Royal Decree No. 78 of 10 November 1967 on the exercise of the art of healing, nursing art, paramedic professions and medical commissions (1)

ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
Article 1^er. This Act regulates a matter referred to in Article 78 of the Constitution.
Art. 2. In section 3 of the Act of 24 February 1921 concerning the trafficking of poisonous, soporific, narcotic, disinfectant or antiseptic substances, as amended by the Act of 9 July 1975, the following paragraph shall be inserted between paragraphs 2 and 3:
"They are not subject to the application of the preceding paragraph, the offer for sale, the sale in detail and the issue, even for free, referred to in Article 4, § 2, 6°, of Royal Decree No. 78 of 10 November 1967 concerning the exercise of the art of healing, of nursing art, of paramedical professions and of medical commissions. »
Art. 3. Section 4 of the Act, amended by the Acts of 9 July 1975 and 14 July 1994, is amended as follows:
A. A paragraph 4bis is inserted, which reads as follows:
§ 4bis. Where the convict is neither the owner nor the operator of the beverage flow or establishment referred to in § 3, the closure may be ordered only if the gravity of the specific circumstances so requires, for a maximum period of two years from the day that the contradictory or default conviction becomes irrevocable, after a summons by the owner or operator referred to above, upon request of the public prosecutor. "
B. A § 4ter is inserted, which reads as follows:
§ 4ter. The summons before the correctional court under § 4bis is transcribed to the preservation of the mortgages of the situation of property, to the diligence of the bailiff author of the exploit.
The summons must contain the cadastral designation of the building, subject to the offence and identify the owner in the form and sanction provided for in section 12 of the Act of 10 October 1913.
Any decision made in the case is mentioned on the margins of the transcript of the summons according to the procedure provided for in section 84 of the Mortgage Act. »
C. In § 5, the words "paragraphs 2 and 3" are replaced by the words "paragraphs 2, 3 and 4bis".
Art. 4. Article 4, § 2, of Royal Decree No. 78 of 10 November 1967 concerning the exercise of the art of healing, nursing art, paramedical professions and medical commissions, as amended by the law of 13 December 1976, is supplemented by a 6° written as follows:
"6° offer for sale, retail sale and delivery, even free of charge, by persons authorized by the King, for a purpose of prophylaxis against contagious diseases, objects, apparatus, substances or compositions with the exception of drugs as defined in article 1^er of the Act of 25 March 1964 on Drugs and Toxic, Soporific, Stupid and Psychotropic Substances as provided for in Article 1^er Act of 24 February 1921 concerning the trafficking of poisonous, soporific, disinfectant or antiseptic substances.
The King sets out, by order deliberately in the Council of Ministers, the list of these objects, devices, substances or compositions and determines the conditions of their offer for sale, retail sale and issue.
The King determines, by order deliberately in the Council of Ministers, the manner in which the persons referred to in paragraph 1, who must be attached to a specialized centre defined by him, make the offer for sale, detail and delivery. »
Art. 5. This Act comes into force on the day of its publication in the Belgian Monitor.
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 17 November 1998.
ALBERT
By the King:
Minister of Public Health and Pensions,
Mr. COLLA
Seal of the state seal,
Minister of Justice,
T. VAN PARYS
____
Note
(1) Documents of the House of Representatives:
536 - 1995-1996.
Number 1: Bill.
No. 2: Amendment.
Number three: Report.
N 4 and 5: Amendments.
No. 6: Text adopted in plenary and tansmised in the Senate.
Annales de la Chambre des représentants : 13 et 15 janvier 1998.
Documents of the Senate:
1-846 - 1997/1998:
No. 1: Project transmitted by the House of Representatives.
N 2 and 4: Amendments.
Number 5: Report.
No. 6: Text adopted by the commission.
No. 7: Text amended by the Senate and referred to the House of Representatives.
Annales du Sénat : 15 et 16 juillet 1998.
(*) Fourth session of the 49th Parliament.