1 Decree No. 955.-the Assembly Legislative of the Republic of EL SALVADOR, considering: I.-that the Constitution in its article 65 States that the health of the inhabitants of the Republic, constitutes a public good and that the State and the people are obliged to ensure their conservation and restoration. The State will determine the national health policy, will control and supervise its implementation.
II.-that the article 67 of the Constitution establishes that public health services are essentially technical and creates health, hospital and paramedical careers and hospital management.
III.-that the article 68 of the Constitution determines that a public health Council shall ensure the health of the people, which will consist of equal numbers of representatives of the medical, dental, chemical/pharmaceutical and medico-veterinario guilds.
IV.-that the exercise of the professions listed in an immediate way with the health of the people, will be guarded by legal bodies formed by scholars belonging to each profession, with powers to suspend the professional members of the Guild under his control, when they exercise their profession with manifest immorality or inability.
V that in accordance with the Legislative Decree dated June 30, 1927, published in the Diario official No. 161, volume 103 dated July 19, 1927, issued the pharmacies Act which does not respond to current health-related needs.
VI. that in accordance with the Legislative Decree No. 2699 dated August 28, 1958, published in Official Journal No. 168, Tomo 180, dated 10 September of the year concerned, was issued the law of the Council Superior of public health and the joints of the surveillance of the medical professions, dental and pharmaceutical, reformed through the legislative decrees us. 357 and 591 dated 21 March 1985 and February 12, 1987 published in the official daily us. 75, volume 287 and 43, volume 294 dated 23 April 1985 and March 4, 1987 respectively.
VII.-that through Legislative Decree No. 147 date of August 30, 1930, published in the Official Journal No. 26, vol. 110 dated 31 January 1931, issued the code of health of the Republic of El Salvador; having 57 years to date have been, issued, reason why it is considered is not consistent with the current reality.
2 VIII.-that in accordance with article 271 of the Constitution of 1983, the Legislative Assembly should harmonize with this secondary laws of the Republic and the special laws of creation and other provisions that govern the official institutions autonomous.
IX. effect of complying with the constitutional mandate related to the previous recital and of the standards contained in conventions signed and ratified by the State of El Salvador with other States or international organizations on the subject of health, is convenient to issue a new code which harmonizes with the Constitution and the reality of the people in this matter.
Therefore, use of his constitutional powers and at the initiative of the President of the Republic, by the Minister of public health and Social Welfare.
DECREES the following: code of health title preliminary provisions general chapter only article 1.-the present Code aims to develop constitutional principles related to public health and welfare of the inhabitants of the Republic and the rules for the Organization, functioning and powers of the Superior Council of public health, the Ministry of public health and Social Welfare and other State agencies private health services and relations between them in the exercise of professions relating to the health of the people.
Article 2.-Government agencies, autonomous bodies and in GENERAL officials and administration officials public, as well as individuals, whether natural persons or legal entities, are forced to pay all of their collaboration to health authorities publishes and coordinate their action to obtain their goals. (4) article 3.-Podran develop health activities, national, international institutions and foreign legally recognized in the country, everything that the law or conventions or treaties signed by El Salvador give them intervention, which must be carried out in agreement and in cooperation with the Ministry of public health and Social Welfare.
Article 4.-are subject to the provisions of this code, the Organization and functioning of the Health Council published by the Ministry of Health publishes and SOCIAL assistance, which monitor the exercise of professions in an immediate manner related to the health of the people; AGENCIES AND HEALTH SERVICES PUBLISHED, 3 AUTONOMOUS OFFICIAL INSTITUTIONS AND PRIVATE HEALTH SERVICES TO PROVIDE HEALTH SERVICES. (4) article 5.-is related to the health of the people, in an immediate way professions medical, dental, chemical pharmaceutical, medical veterinary, nursing, Bachelor's degree in psychology, clinical laboratory and others at the Bachelor's level. EACH OF THEM SHALL BE SUBJECT TO SURVEILLANCE BY MEANS OF A LEGAL BODY, WHICH IS CALLED ACCORDING TO THE CASE, BOARD OF SUPERVISION OF THE PROFESSION MEDICAL, JOINT MONITORING OF THE PROFESSION DENTAL, JOINT MONITORING OF THE CHEMICAL PROFESSION OF PHARMACEUTICAL, JOINT SURVEILLANCE OF THE PROFESSION MEDICAL VETERINARY MEDICINE, BOARD OF NURSING PROFESSION SURVEILLANCE, JOINT MONITORING OF THE PROFESSION OF CLINICAL AND LABORATORY MONITORING OF THE PSYCHOLOGY PROFESSION BOARD. (3) means that part of the above mentioned professions and therefore shall be subject to the respective Board of surveillance, specialized, technical and auxiliary activities which are complement of that profession.
The Superior Council of public health, will qualify those professions in addition to the earlier related, at the level of Bachelor, that relate in an immediate way to the health of the people and that will have its respective Board of surveillance.
Case of other professional activities directly related to health, not listed in the subparagraph first of this article or to whose study does not exist in universities legally established in the country, the school or appropriate faculty, the Council may authorize its exercise prior review, determining to which joints shall be subject to its control.
Article 6.-when in the text of the present code is mentioned Council, Ministry, or Board, to be understood that it refers to the Superior Council of public health, Ministry of public health and Social assistance and surveillance Board of the medical profession, dentistry, pharmaceutical companies, medical veterinary, Bachelor's degree in chemical laboratory and Bachelor's degree in psychology, according to the case.
Title I of the Council and the boards chapter I nature and integration of Council and of LAS together article 7.-the top of public health, is a corporation of public law with legal capacity to contract rights and acquire obligations and intervening in trials and both he and monitoring boards shall enjoy autonomy in their functions and resolutions. For the other prescribed purposes, in this code, the Council shall deal with public bodies through the Ministry of public health and Social Welfare.
Article 8.-the Superior Council of public health shall consist of fourteen members, a President and a Secretary appointed by the organ Executive and three representatives elected from among its members for each of the unions: medical, dental, chemicals/pharmaceuticals and veterinarian.
4 article 9.-the boards of monitoring referred to in the final subparagraph of part first of article five, be formed by five academics each belonging to the respective profession, elected in the way established in the following article.
Five members of each of the monitoring boards at their first meeting shall elect a Chairman and a Secretary.
Article 10.-the election of the representatives of each Guild, to integrate the Council and boards, will be carried out by means of direct, equal, secret and PERSONAL ballot. THIS IS HELD SIMULTANEOUSLY IN THE PLACE AND DAY SET OUT IN THE ANNOUNCEMENT, IN THE DEPARTMENTAL CAPITALS OF SANTA ANA, SAN SALVADOR, SAN VICENTE AND SAN MIGUEL; DAY FROM EIGHT O'CLOCK TO SEVENTEEN O'CLOCK. (13) THE CALL IS WILL BE THIRTY DAYS IN ADVANCE, AT LEAST, THE DATE DESIGNATED FOR THE ELECTION, BY MEANS OF A NOTICE THAT IS WILL PUBLISH IN THE GAZETTE AND IN TWO DAILY OF MAJOR CIRCULATION, WHICH WILL ALSO INCLUDE: PERIOD OF REGISTRATION OF CANDIDATES, PROPAGANDA, PARTICIPATION OF UNIONS AND CANDIDATES IN ELECTION MONITORING AND OTHER ASPECTS OF PROCEDURE. YOU CAN VOTE THE PROFESSIONALS WHO ARE SOLVENT WITH PAYMENT OF THE CORRESPONDING ANNUITY AND ARE THEREFORE INCLUDED IN THE REGISTER WHICH WILL BE AVAILABLE FOR CONSULTATION ON THE WEBSITE OF THE COUNCIL AND PRINTED IN THE PLACE AND ON THE ELECTION DAY. VOTERS WILL IDENTIFY WITH YOUR SINGLE DOCUMENT OF IDENTITY OR PROFESSIONAL LICENCE ISSUED BY THE RESPECTIVE MONITORING BOARD. (13) THE ONLY OUTCOME OF THE ELECTION WILL PROCEED THE REMEDY OF REVIEW BEFORE THE PUBLIC HEALTH COUNCIL, WHICH MUST BE EXERCISED WITHIN THREE DAYS FOLLOWING THE PUBLICATION OF THE RESULTS ON THE WEBSITE OF THE COUNCIL, AND THIS MUST RESOLVE IN THE NEXT SESSION TO THAT IN WHICH THE RESOURCE IS ADMITTED. (13) If you will not arrive to professional guilds to choose if their representatives to integrate the Council and boards the Superior Council of public health designate them before the end of his period, and if the Council does not make it, it will choose them the Legislative Assembly.
Article 11.-election of the Council members and the monitoring boards will last two years in their functions, and may not be re-elected, except substitutes, when these have not exercised functions of owners for a period of six consecutive months.
Each of them will have their respective alternate, elected in the same way, so that it specifically replace it in the event of death, absence or impediment and only in the absence of the substitute corresponding you can call another same guilds.
The Executive Body in the field of public health and Social Welfare shall appoint a Chairman and a Secretary of the Council who will last a maximum of three years in its functions, and may be reelected; It also will appoint their respective deputies, who will be called to take those positions, by agreement, in temporary absences of the corresponding owner.
The absence of the President or Secretary of the Council or the Board in the place, day and time that 5 has carried out a session, will not prevent the celebration of it. In this case, the Council or the Board will appoint in the Act, from among its members, a head of discussions for the sole purpose of chairing the session and a Secretary of records so lift the corresponding.
The Executive Body will cover the final vacancy of the President and the Secretary of the Council later within the fifteen days following the date that those occur.
Article 12.-to become a member owner or alternate of the Board or boards, is required: to) be Salvadoran;
b) own title academic in his respective profession conferred or incorporated by the University of EL SALVADOR or title academic conferred by universities legally established in the country and have at least six years of professional practice, when is concerned of the Member of Council and three years of professional, when is concerned of the Member of LAS JUNTAS exercise; (3) c be of recognized morality;
ch) be more than thirty years of age; and, (d) be in the exercise of the rights of citizens and have been in the five years prior to their appointment or election.
The President and the Secretary of the Council, must not belong to the professional associations of medicine, dentistry, chemical-pharmaceutical, veterinarian and no other profession related to health. The President and the Secretary shall be academic entitled a University legally established in the country.
Shall not be members of the Council or of a same Board of surveillance relatives, falling within the fourth degree of consanguinity or second of affinity.
Article 13.-the position of Member of the Council and the boards of surveillance is mandatory and incompatible with any of the charges referred to in article 236 of the Constitution, if he is subsequently appointed or elected to perform one of these charges, will cease in the exercise of Member of the Council or of the boards.
People who refuse to perform without just cause the position of Member of the Board or boards, shall be punished with a fine of five thousand COLONES.
They are just causes for refusing to play or to continue the charges referred to in the preceding paragraph, the following: 1) impossible physical and mental; and, 2) have to leave the country for one period of not less than one year.
The penalty established in the second paragraph of this article shall apply both proprietary members and alternates of the Council and of the boards.
It boasts right that a person does not accept the position of President, Secretary or member of the Council or of any of the boards, both in regards to the owners as to their deputies, by the fact of no show the day and hour previously designated to that effect to the President of the Republic. In the case of the President and Secretary of the Council; to the Minister of public health and Social Welfare, case of the remaining members of the Council, or the Council, as regards members of the boards, to manifest their acceptance and pay the corresponding protest.
Call for the concurrence to manifest their acceptance and to pay the corresponding protest, will be appropriately designated persons for the office in question by means of personal communications and through a publication in the official journal, this being which will serve as a test on the fact that the call has been made.
Chapter II powers of the Council article 14.-powers of the Council are: to) ensure the health of the people in coordination with the Ministry of public health and Social Welfare;
(b) to monitor the performance of all agencies, institutions and State agencies, whose activities are related to the health of the people, presenting the Ministry recommendations for its improvement, specifically noting anomalies that should be corrected;
(c) contribute to the progress of the studies of professions and disciplines related to health public, media deemed more practical and effective, providing their collaboration the University of El Salvador and other universities and institutions dedicated to the teaching of the professions and noting the improvements introduced in the curricula, teaching methods and other media aimed at this purpose;
ch) authorize prior favourable report from the respective monitoring board the opening and functioning of the vocational training centres related to the health of the people. This report must be rendered within thirty days of receipt of the documentation for the respective Board. In case of not to take it the Council will resolve without him;
d) authorize prior report FAVORABLE of the Board of vigilance respective, opening and operation of drug stores, PHARMACIES, pharmaceutical laboratories, biological laboratories, CLINICOS-BIOLOGICOS laboratories, radiological cabinets, hospitals, SOCIAL care clinics, cabinets optical, laboratories of PROSTHESIS DENTAL and sales of medicines in places where not exists pharmacy or that these is are to more than 2 KILOMETERS from the place where it intends to open them and the dedicated to the service and care 7 health; AND TO ITS CLOSURE FOR BREACHES OF THIS CODE OR ITS REGULATIONS; (4) THESE ESTABLISHMENTS UTILITY ARE ACCORDINGLY PUBLISHED CLOSING THEM, CAN ONLY BE MADE BY RESOLUTION OF THE COUNCIL; ((4) e) take a public registry for the registration of establishments authorized in accordance with the literal ch)) and (d) of this article;
f) develop the projects of regulations prior report the joints of surveillance, that are subjected the bodies and establishments under his CONTROL and send them to the executive body by means of the Ministry for its approval; (4) THE REPORT REFERRED TO IN THIS LITERAL MUST BE RENDERED WITHIN 30 DAYS OF THE RESPECTIVE NOTIFICATION; ((4) g) repealed by D.L. No. 1008/12; ((1) (4) h) repealed by D.L. No. 1008/12; (4) i) repealed by D.L. No. 1008/12; (4) j) establish and regulate compulsory service on duty, prior report of the respective boards for physicians and establishments medical and pharmaceutical;
(k) repealed by D.L. No. 1008/12;
(l) know ultimately the resources that will stand the resolutions pronounced by the boards and agencies related to health;
LL) repealed by D.L. No. 1008/12; ((4) m) propose its rules of procedure and its reforms to the Executive branch through the Ministry;
n) repealed by D.L. No. 1008/12; (4) n) monitor or control the announcement to the public of professional services related to health;
or collaborate with the organ Executive in LOS RAMOS corresponding and agencies of surveillance respective, in drafting the laws and regulations related with LA health;) (4) p) prepare the budget draft and coordinate them referred to meetings, to propose them to the executive body through the field of public health and Social Welfare;
8 q) other attributions that point you to this code and their respective regulations;
r) repealed by D.L. No. 1008/12; (4) s) repealed by D.L. No. 1008/12; (4) t) repealed by D.L. No. 1008/12. ((4) u) repealed by D.L. No. 1008/12; ((4) v) authorize the transfers or changes of address of LOS establishments mentioned, in LITERAL d) ART. 14; and, (4) x) repealed by D.L. No. 1008/12; ((4) article 15.-the President of the Council: to) preside over meetings of the Council, as well as represent you in court and out of court; (4) (b)) acting as a Chief of the Office of the Council and of all the personnel administrative junior; (4) c be the means of communication between the Council and other administrative units, as well as with the professionals and individuals;
ch) appoint, remove, suspend, license and accept RESIGNATIONS of administrative staff of the Council; (4) d) comply and enforce the resolutions of the Council;
(e) report of its activities to the Executive branch through the field of public health and Social assistance, when requested;
f) annual report of the proceedings of the Council to the Executive Body;
(g) the other powers that point you to this code and its regulations; (y, h) authorized in cases of emergency or catastrophe LO established in LITERAL x) article 14, as well as the dispatch of products controlled, informing on his opportunity, specific cases to the Council. ((4) article 16.-the Secretary of the Council: to) authorize with your signature, both the resolutions of the Council and the President of the same;
9 b) take due note of the meetings of the Council and raise relevant records; and, c) collaborate with the Chairman in carrying its resolutions and in the administration of the office of the Council and its staff.
Chapter III powers the joints article 17.-are powers of the boards:
(a) keep a record of your bouquet in which recorded all scholars who have graduated or incorporated into the respective Faculty of the University of El Salvador and professionals of the graduates of the respective faculties in universities legally established in the country;
(b) register of professionals to the scholars who receive his degree in universities legally established in the country and those incorporated in the University of El Salvador. For this purpose, the Secretary General of each of the universities shall immediately inform the respective Board of vigilance, the issuance of the corresponding title;
(c) to monitor the exercise of the corresponding profession and their auxiliary activities referred to in the second paragraph of article 5 of this code; as well as to ensure that these professions will not exercise by persons lacking the corresponding title, requiring strict compliance with the criminal provisions relating to the illegal exercise of the professions;
ch) formulating the draft law, and regulations on the exercise of each of the respective professions, subject to the consideration by the Council;
(d) repealed by D.L. No. 1008/12;
e) report itemized the Council proceedings referred to in the d) of Art. 14 of this code;
(f) to intervene at the request of part in those cases in which arises between a professional and his client or desaveniencia between an establishment falling within this code and the people who for reason of health requires their services. The resolution which in effect rendered should be considered only as a transaction between the parties, without prejudice to that, according to the circumstances that accompany the fact, this can be considered as a reference for estimating the professional conduct of the accused;
(g) draw up its internal rules and reforms and submit it for consideration by the Council;
(h) to appoint, remove, accept resignations and grant licenses to its staff of employees;
(i) develop your ante budget, sending it to the Council;
10 j) imposing sanctions which this code or its regulations determines;
((k) enforce conscription of shift concerning the literal j) of Art. 14 of this code; and l) order the analysis in its labs, samples of proprietary medicinal products which are presented you requesting authorisation for registration, import, manufacture and sale in the country, to verify if really are prepared of accordance with LA FORMULA purported and that meet the requirements established in the regulation corresponding. SUBSEQUENTLY THE BOARD OF SUPERVISION OF THE CHEMICAL PROFESSION PHARMACEUTICAL WILL CONTINUE WITH THE PROCEDURES ALREADY ESTABLISHED. (1) Office insurance complaints (15) article 17-A.-create an Office of insurance complaints as a dependency of the public health Council, with legal staff and a multidisciplinary team of health professionals. This office shall be responsible for: a.) receive the complaints corresponding of the patients, family members, representatives legal and professionals of the health in the field public and private including the SALVADORAN SOCIAL Security Institute; CONSIDER THAT IT HAS VIOLATED THEM THEIR RIGHTS AT THE RECEPTION OR PROVISION OF HEALTH SERVICES;
b) reviewing, and analyzing the reports, and propose by reasoned opinion, to the Board of respective the admission or not of the same;
c) instruct the procedures administrative sanctioning that determined the bodies competent, gathering and evaluating the tests incorporated, proposing to these, through opinion motivated have by established or not the responsibility administrative and the imposition of sanctions when is relevant; and, (d) CLASSIFY and protect the records during his processing and the FENECIDOS, keeping the due confidentiality of the information provided.
THE MINISTRY OF FINANCE ALLOCATED IN THE BUDGET OF THE CSSP, THE NECESSARY RESOURCES FOR THE FUNCTIONING OF THE OFFICE. ((15) chapter IV heritage and CONTROL tax section one heritage 11 article 18.-the heritage of the Council is constituted by: a) contributions by grant and donations from the State;
(b) movable and immovable property that any title purchased from the State, the municipalities, Government or private entities;
(c) revenue from donations, legacies, bequests to any title made by private individuals.
(ch) the income received in fees for services rendered, and, d) by the international aid received by the Council.
SECTION two internal audit and external article 19.-the operations of the Council are subject to an internal audit of a permanent nature and continues, and external audits that the Council considers appropriate; in any case the external audit shall be carried out annually.
SECTION three powers of the Auditor internal Art. 20. are responsibilities of the internal audit: 1) monitor and verify the accounts; check the assets and liabilities of the Council;
(2) intervene preventively in acts, expenditures or contracts that the Council or the Presidency of the same subject to such intervention;
(3) request of the Council or the Presidency the necessary reports for the faithful performance of their duties;
(4) meet the commissions or custom of your competition, which entrusted the Council or the Presidency of the same;
(5) inform the Council through the Presidency of irregularities or infractions that notare in the administrative operations of the institution;
(6) consider different balance sheets and financial statements which shall submit to the Council, and submit to the President its report and opinion about them; and, 7) perform all other functions inherent to their responsibility.
12 chapter V control of the Court of accounts the Republic article 21.-the auditing of the budget of the Council, shall be exercised by the Court of accounts of the Republic, through a delegate Auditor and assistants as needed.
The role of the Auditor delegate will be the ensure, because the administrative operations of the Council span the requirements of the respective laws.
Its intervention in the implementation of the budget of the Council will be retrospective and will aim the immediate settlement of those acts that are correctable.
The delegate will deal exclusively with the administrative operations of the Council to that effect will be required to work during the full hearing and in the offices of the institution.
Article 22.-the Council shall be exempt from any kind of tax, rates and tax contributions and tax municipal, established or to be established.
Chapter VI of the exercise of professions article 23.-the boards referred to in article 5 of this code, regulate the exercise of the relevant professions and their technical and auxiliary activities. Authorization to exercise control over this exercise, will be in charge and under the responsibility of the respective Board. The exercise of each profession includes prescription, processing, administration, indication or any direct or indirect procedure intended for the diagnosis, prognosis and treatment of diseases, for the purpose of carrying out actions of prevention, promotion, protection and recovery of the health of the people, as well as public, private, and expert advice related to each profession.
Article 24.-are considered to be technical and ancillary activities of the medical profession, as follows: to) technology in Kinestiologia and physical therapy;
(b) technology in occupational therapy;
((c) technology in radiology, ch) radiation therapy technology;
(d) technology in Audiology;
(e) technology in Orthotics and prosthetics;
(f) technology in Anesthesiology and resuscitation;
(g) technology in electrocardiology;
13 h) technology in Angiocardiologia and extracorporeal Perfusion;
(i) technology in psychometrics;
j) technology in orthopedics;
(k) technology in hearing aids;
(l) technology in maternal and child health;
LL) technology in nutrition and dietetics;
(m) respiratory therapy, ventilatory and gas analysis;
(n) repealed; (3) n) Bachelor's degree in Social work; and Social work; (and, or) the other specialized, technical and auxiliary activities which in the opinion of the Board of surveillance of the medical profession, should be incorporated into it.
Article 25.-are considered to be technical and ancillary activities of the dental profession, the following: a) dental hygienists;
(b) dental assistants);
(c) mechanical dental;
ch) auxiliary of dental mechanics;
(d) Oral health promoters; (and e) other technical and auxiliary activities which in the opinion of the Board of supervision of the dental profession should be incorporated into it.
Article 26.-are considered to be technical and auxiliary activities of pharmaceutical chemistry profession as follows: to) pharmacy assistants;
(b) suitable of pharmacy); and, (c)) the other specialized, technical and auxiliary activities which in the opinion of the Board of supervision of the pharmaceutical chemical profession, should be incorporated into it.
Article 27.-are considered specialized, technical and auxiliary activities of the medical profession 14 veterinary, all those activities that complement to that profession.
Article 28.-are considered specialized activities technical and auxiliary of the profession degree in clinical laboratory, all those activities that complement to that profession.
Article 29.-are considered specialized, technical activities, auxiliary of the profession of Bachelor's degree in psychology, all those activities that complement to that profession.
Chapter VII requirements for the authorization of the exercise professional article 30-the boards of surveillance of professions referred to in article 5 of this code, may grant authorizations of permanent, temporary, or provisional, character on the exercise of the respective professions and specialized, technical and auxiliary activities.
Article 31.-to grant authorization of a permanent nature, the respective Board of vigilance, it will require the following requirements: to) be Salvadoran by birth or have authorized their residence in the country, in accordance with the laws of the Republic;
(b) be a graduate or incorporated in the University of El Salvador or graduate in private universities legally established in the country;
(c) have lent their Social Service in the country's health establishments for the period established by the competent authority; and ch) perform the corresponding practical studies, when carrying out their activities does not require University degree, to demonstrate its readiness according to the respective Board.
Article 32.-Las Juntas monitoring respective can grant temporary or interim, authorization for the exercise of each profession and its specialized, technical and auxiliary activities in the following cases: to) students graduates in Social Service;
(b) to internationally renowned prestigious professionals, who are temporarily in the country and may be required in consultation by institutions in matters of their exclusive specialty. This authorization will be granted for one period not exceeding one year; in no event will understand a private professional activity and shall be limited to the consultation required by the consultant institution. Such authorization shall be granted at the request of the institution concerned;
(c) to technicians, auxiliaries, hygienists and assistants graduates at universities or foreign institutions, in the process of incorporation into the University of El Salvador, with the limitations that the respective Board down them;
15 ch) to foreign professionals hired by public institutions or private, for the purpose of research, advisory and teaching related to the profession. Such authorization shall not include private professional practice; and, (d) technicians, auxiliaries, hygienists or foreign assistants are required to give a demonstration of their activity.
Chapter VIII obligations, rights and prohibitions section one obligations art. 33. are duties of professionals, technicians, auxiliaries, hygienists and assistants, health-related, the following: to) respond in the best way anyone who sought their professional services, subject always to their human condition, without distinctions of nationality, religion, race, political beliefs or social class;
b) comply with the rules of professional ethics adopted by the respective Board;
(c) comply with the provisions of this code and the respective regulations;
ch) collaborate for free when their services are required, by the authorities of health and other institutions and organizations related to health, in the event of a disaster, epidemic, or other general calamity;
(d) immediately address emergencies for which may be required;
(e) comply with the regulations, prescribing of narcotic psychotropic and aggregates; and, f) all other obligations and responsibilities which they are entitled in accordance with this code and its regulations.
SECTION two rights article 34.-are rights of professionals, technicians, auxiliaries, hygienists and assistants related to health as follows: to) conventionally, hire professional fees;
b) request to the respective Board, his speech when disagreements arise in relation to 16 fees;
(c) transfer patients to other professionals in benefit of better care when deem necessary; and ch) ensure the overcoming of the Guild.
SECTION 3 prohibitions Article 35.-it prohibits professionals, technicians, auxiliaries, hygienists and assistants, health-related: to) allow the use of its name to a person not authorised by the respective Board, so exercise the profession;
(b) defame, slander or try to harm any other professional in the exercise of the profession;
(c) promise relief or cure by means of anti-cientificos or dubious procedures;
ch) announce infallible effects therapeutic agents;
(d) advertise or apply drugs inocuos, attributing them therapeutic action;
(e) advertise technical characteristics of their equipment or instruments to induce error or deception;
f) announce the manufacture of prosthetic appliances extolling their virtues, properties, term of its construction, duration, types, features and prices;
(g) issue certificates in what is exalting or be praised the quality or quality of the instruments or products;
(h) publish false professional successes, fictitious statistics, inaccurate data, or any other deception;
(i) publish references to techniques or personal processes in non-specialist in the respective profession media;
j) publish letters of gratitude from patients;
(k) practice hypnosis with other purpose which is not of the same exercise of their profession;
(l) delegate to their staff or Assistant, powers and functions or responsibility of their profession;
17 ll) issue professional certifications by complacency or giving false information about the condition of non-existent diseases; and, m) the others that the respective Board, this code and the respective regulations prohibit them.
It is prohibited to technicians and auxiliary dental the clinical or surgical care for patients.
Article 36.-the professionals, technicians, auxiliaries, hygienists and assistants related to health, may not resort to the strike or the abandonment of his position, to reclaim or obtain solutions of any kind.
Article 37.-professional secrecy is a duty arising from the very essence of the profession. The public interest, the safety of patients, the honour of the family and professional respectability demanded the secret by which should be kept confidential as they see, hear or discover in the exercise of their profession.
Article 38.-the professional secrecy is received under two forms: to) the secret explicit formal, textually entrusted by the patient to the professional; and, b) implicit secrecy resulting from the relationships of the patient with the professional.
Professional secrecy is inviolable; except in the case of that, keep it, violates existing laws or have to reveal in a survey or to notify diseases infectious contagious before health authorities.
Article 39.-professionals, technicians, assistants, hygienists and assistants related to health, are responsible legally for their actions in the professional exercise, when, for negligence, incompetence, ignorance and inexcusable neglect, cause harm or death to the patient.
Chapter IX registration repealed by D.L. No. 1008/12. (4) article 39-A-repealed by D.L. No. 1008/12. (4) article 39-B.-repealed by D.L. No. 1008/12. (4) article 39-C.-repealed by D.L. No. 1008/12. (4) title II of the Ministry of public health and assistance Social Chapter only article 40.-the Ministry of public health and Social Welfare is the body responsible for determining, planning and executing the national health policy; to enact the relevant rules, organize, 18 coordinate and evaluate the implementation of activities related to health.
Chapter I duties of the Ministry of public health and assistance Social article 41.-correspond to the Ministry: 1) Orient governmental policy in the field of public health and Social Welfare;
(2) establish and maintain collaboration with the other ministries, public institutions and private and professional groups or service that develop activities related to health;
(3) prepare the draft law and regulations according to this code that may be necessary;
(4) organize, regulate and coordinate the operation and the powers of all the technical and administrative services of their dependencies;
(5) intervene in the study and approval of treaties, conventions and any health-related international agreements;
(6) support and promote the Central American regional health programs approved by the bodies concerned;
(7) to ensure the development and improvement of standards of teaching of health related professions, and promote technical training and specialization of the staff responsible for the sections of health; and, 8) lead all official and private initiatives aimed at improving the level of health of the community, in accordance with the rules laid down by the relevant technical bodies.
Article 42.-the Ministry through the General direction of health as a technical agency, will be responsible for executing the actions of promotion, protection, recovery and rehabilitation of the health of the inhabitants, as well as the complementary relevant throughout the territory of the Republic, through its regional and local agencies according to the provisions of this code and regulations on the subject.
Chapter II of actions for the health section one promotion for the health article 43.-for the purposes of this code and its regulations, are actions of 19 health promotion, all that tend to promote the normal physical, mental and social development of the people.
Article 44.-the health education will be basic action of the Ministry, which will have as purpose develop the habits, customs, attitudes of the community in the field of health.
Units draw up programs to obtain these objectives must be determined so.
Article 45.-create a joint Permanent Commission composed of two representatives from the Ministry of public health and Social Welfare and two from the Ministry of education, all executive-level, in order to prepare the mandatory education programs for health, which should take place in public and private teaching establishments and other measures aimed at this purpose. A regulation shall regulate the functioning of this Commission.
Article 46.-social media will collaborate with the Ministry of public health and Social assistance for the dissemination of educational messages on health.
SECTION two action of the cores social article 47.-the Ministry and its agencies should promote the social well-being of the community without distinction of ideologies or beliefs.
To meet this objective will develop the following activities: to) promote the establishment of stable family groups;
b) collaborate with individuals, families and social groups so they can reach the desirable level of the economic and social well-being;
(c) collaborate with State or private bodies to benefit the members of the community in need of economic and social assistance; and ch) mobilize, guide, encourage, and coordinate the activities of the components of the community, to form social groups with objectives aimed at the collective well-being, such as councils, clubs, clubs for young people, children's groups, community workshops, works of mutual aid, cooperatives and other institutions of forecast.
SECTION three preschool children maternal health and school article 48.-is unavoidable State obligation to promote, protect and restore the health of the mother and the child, by all means that are available.
For the purposes of the preceding paragraph, corresponding health agencies shall provide preventive and curative care to mother during pregnancy, delivery or puerperium, as well as the child from conception until the end of his school-age.
20 article 49.-the State shall promote the creation, maintenance and development of centres, organisations and altruistic associations whose aims are the protection of the mother and the child.
Article 50.-the Ministry shall issue rules that are observed in the public and private institutions to care or education of children of pre-school and school-age; These will be subject to inspection in relation to sanitation and health care.
SECTION four health oral art. 51.-the Ministry will develop promotion programmes aimed at the prevention and treatment of oral conditions according to the known dental techniques. Priority will be given to children and pregnant women. Develop and organize outreach activities on the basics of oral hygiene. It will lead to epidemiological research and the implementation of effective preventive measures for the conservation of the teeth and their supporting structures and propose laws for fluoridation of the water supply public.
SECTION five nutrition article 52.-the Ministry shall adopt measures and conduct activities to prevent malnutrition and specific deficiencies of the population in general especially for pre-school children and schoolchildren, pregnant women, nursing mothers and the elderly.
Article 53.-created the national food and Nutrition Commission with permanent character, which will be integrated by the holders of the ministries of public health and Social Welfare, education, agriculture and economy. This Commission will investigate the food and nutritional problems of the country and dictate the policies needed for a better diet and nutrition in the country. Special rules will regulate the activities of this Commission.
SECTION six Health Mental article 54.-Ministry will organize and develop activities of mental health for the study, research, prevention, treatment and rehabilitation of diseases and mental disorders or psychological problems of the population in general and mainly of children.
Article 55.-, will be part of its program of mental health, activities against alcoholism, smoking, drug addiction, and other factors that contribute to the development of deficiencies and diseases mental or degenerative, favoring the group therapy for those who suffer from neuroses, disorders of behavior and drug addiction.
SECTION seven urban environment sanitation and Rural art. 56.-the Ministry, through regional, departmental and local health agencies, develop sanitation programmes to achieve the communities: 21) drinking water supply;
(b) the adequate disposal of excreta and sewage;
(c) the disposal of garbage and other wastes;
ch) the elimination and control of insect vectors, rodents and other vermin;
(d) the hygiene of foodstuffs;
(e) the sanitation and good quality housing and constructions in general;
(f) the sanitation of public places and recreation;
(g) the safety and health at work;
(h) the elimination and control of contamination of water, soil and air; and i) the elimination and control of environmental risks.
Article 57.-the Ministry through its agencies will have powers of intervention and control in all that relates to the activities of sanitation and sanitary engineering works.
Article 58.-the Ministry has the power, in the event of a serious risk to the health, inspect the interior of houses, warehouses, public and private properties through its delegates. Residents, owners and other persons who have carried out these properties are required to allow access.
Those who contravene the provisions of this article will incur penalties indicated in this code or that its regulations establish.
Article 59.-When you find poor hygiene or sanitation, the Ministry will order person concerned proceed to remedy or correct such deficiencies.
Article 60.-the Ministry will require the relevant agencies the demolition of buildings which constitute a serious risk to the health of the people, when they are in bad condition or affect the physical health or mental or threatening ruins by conditions that do not support service.
SECTION eight drinking water article 61.-the cities and urban populations must be equipped with drinking water service, and when no them, the State; According to their resources and in accordance with the respective plans, it will provide through the specialized agencies concerned.
Article 62.-in rural areas, the State will stimulate residents to the creation, running 22 and maintenance of aqueducts in this regard technical assistance that may be necessary and possible economic aid, according to its resources.
Article 63.-water intended for human consumption shall have sanitary quality that the Ministry define how good and require compliance with standards of quality in all water supplies used for human consumption.
Accordingly and to periodically determine its potability owners or managers of them will allow inspections of the case.
Article 64.-any construction, repair or modification of a public or private work aimed at the use of water for human consumption without the prior authorization of the Ministry, may not be made which must arise to this, a written request with the specifications and drawings of the planned works.
Article 65.-a regulation will determine the technical and legal conditions of drinking water, as well as the quality of it services.
SECTION nine baths Public Art. 66.-the Ministry will control; the construction, installation and operation of public swimming pools and private beaches and sea spas; acustres and rivers; like public baths of water thermal and medicinal. The construction and operation of these settlements will be determined in the respective regulations.
Article 67.-it is forbidden to download waste of any kind, black and served water in irrigation ditches, creeks, beaches; barrancas; rivers, lakes and estuaries; proximity to natural or artificial breeding of animals intended for human consumption, and food, any deposit or stream which is used for public use; consumption or use domestic, agricultural and industrial, spas or troughs of animals, unless the Ministry granted permission to do so.
Article 68.-from sewers, drains and other presumably contaminated waters may not be edible aquatic species breeding and the cultivation of vegetables and fruits that tend to be consumed without cooking.
Article 69.-it is prohibited to download served and black water in public roads, parks, public and private lands and places not authorised to do so.
Article 70.-is obliged to any owner or possessor of property located on the urban radio with public water and sewer networks, install the corresponding services connected to these networks provided that they remain at a distance of a hundred meters, with connection facilities. Otherwise it must be provided by a system authorized by the Ministry, which guarantees the health of the inhabitants.
Article 71.-in schools, schools, barracks, markets; Hotels; motels and other similar places, will establish the necessary health services recommended by the Ministry in accordance with the number of users and usable areas.
23. Article 72.-construction or adaptation of housing lease collective shall meet the requirements demanded by the Ministry in relation to the quantity and quality of health services.
Article 73.-a regulation will determine the technical conditions of the elimination and disposal of excreta and black, industrial and waste waters.
SECTION ten garbage and other waste article 74.-corresponds to the Ministry the authorization of the location of the public dumps of garbage and its regulation.
Article 75.-any building or premises for public use must be kept clean in accordance with instructions issued by the relevant health authority.
Article 76.-the owners, holders or holders of uncultivated lands and sites or premises open in urban areas, must close them so that they become sources of infection.
Article 77.-establishments which produce waste that by their nature or dangerousness should not surrender to the public toilet service should establish a system of treatment or authorized by the Ministry.
Article 78.-, directly or through the competent bodies shall take the measures that are necessary to protect the population of pollutants such as: smoke, noise and vibrations; unpleasant odors, toxic gases; gunpowder or other atmospheric.
SECTION eleven vector insects, rodents and other animals article 79 – the Ministry should dictate measures that apply to protect the population against insects, rodents; dogs or other animals that may transmit diseases to humans or alter their well-being. When proves its danger, they must be removed or disposed of by the owner or directly by the Ministry.
Article 80.-any natural or legal person who is engaged in the control of insects and rodents, must obtain permission from the Ministry operation and this will monitor the proper application of pesticides and the safety measures with the population in accordance with the rules of procedure.
Article 81.-prohibited the breeding and exploitation of domestic animals within the urban radius of populations, you are allowed only in specially designated places for them, prior favourable report from the appropriate health authority who will monitor the maintenance of proper hygienic conditions.
SECTION twelve food and drinks 24 Article 82.-food is all natural or artificial products prepared or unprocessed, that swallowed it brings to the material body and energy for the development of biological processes in man.
Substances which are added to food and drink as a corrective or without adjuvants, to have or not drinks and nutritious qualities in general, with or without food purpose, apply them the same rules as food.
Article 83.-the Ministry will issue the necessary rules to determine the essential conditions that must have food and beverages intended for public consumption and those of premises and places in that are produced, manufactured, packed, stored, distributed or sell such items as well as of the means of transport.
Article 84.-for the purposes of this code are considered in relation to the food, the following definitions: a) altered food, is that for any reason such as humidity, temperature, air, light, time, Oaks or other has gone sufr faults, damage to the detriment of its intrinsic composition;
(b) contaminated food, is containing pathogenic organisms, impurities, minerals or organic problems or repulsive, or a number of banal agencies exceeding the limits laid down by the respective norms and which has been manipulated in defective hygienic conditions during production, manufacturing, packaging, transportation; conservation or sale;
(c) food adulterated, is that this private partial or totally useful items or food principles characteristic of the product, replaced by unusual or other inert or added an excess of water or other filler material, colored or treated artificially to hide alteration, defects of development or of poor quality raw materials, or added substances, unauthorized or that do not apply for membership , quality and other characters, to the so-called or specified in the legends that are offered for human consumption; and ch) counterfeit food, it is the appearance and character of a legitimate product and is called like this is not, or that does not come from their legally authorized manufacturers.
Article 85.-is prohibited to produce, manufacture, sell, donate, store, distribute, maintain and transfer foods altered, adulterated, counterfeit; contaminated or unfit for human consumption.
Article 86.-the Ministry by itself or through its delegates will be responsible for the supervision of compliance with the rules on food and beverages for consumption of the population giving preference to the following aspects: to) the inspection and control of all aspects of the preparation, storage, refrigeration; container; distribution and dispensing of food articles and beverages; raw materials used for their manufacture; of the premises or sites intended for 25 that effect, its facilities, machinery and equipment; utensils or other objects intended for its operation and its processing; the factories of canned, markets, supermarkets; fairs; slaughterhouses; shops selling food and beverages, bakeries; fruit shops, dairies; confectioneries; cafes; restaurants, hotels; motels; kitchens boarding schools and public establishments and all similar site;
(b) the authorization for the installation and operation of establishments referred to in the preceding paragraph, and those others who sell prepared foods, provided that they meet the requirements stipulated in the rules laid down in this regard.
(c) the initial and periodical medical examination of magical that may be necessary for the quality, composition, purity, and nutritional value of the food items and beverages;
ch) the maintenance of permanent services of veterinary inspection and control sites of breeding and confinement of animals in markets, dairies; traces and other similar;
(d) control a posteriori of the commercial advertising of food items and drinks to avoid misleading or constitute danger to health to announce amounts or properties that actually do not possess;
(e) the initial and periodic medical examination of persons who manipulate food items and drinks, to discover those with any communicable disease or who are carriers of pathogenic germs.
The health certificate corresponding, which will constitute a prerequisite for this occupation, must be renewed every six months or more frequently if necessary and anyone can enter or staying at work if you do not have valid certificate. Breach of this provision shall be reported immediately to the appropriate labour authority, for their qualification as causal of suspension or termination of the employment contract; and, f) all other matters relating to food items and beverages that are not expressly contained in this code and respective regulations.
Article 87.-it is forbidden to persons who suffer from communicable diseases or are carriers of pathogenic germs are dedicated to handling and dispensing of food and beverages. Violation of this provision shall incur responsibility both to which suffer the disease or is a carrier of such germs as the person who knowingly; It has entrusted such functions.
Article 88-import, manufacture and sale of food items and drinks, as well as the corresponding raw materials, must be authorized by the Ministry, prior testing and reporting. To this effect, the competent health authority may withdraw under receipt, samples of food items and drinks, leaving against sealed samples.
To import articles of this nature; their consumption and sale in the country 26 of origin by the appropriate health authority must be authorized. The name of the product and its composition should be entered in the respective certificate.
Article 89.-is established with mandatory pasteurization, sterilization, or other treatment of the milk in places of industrial, artisanal processing or any other establishment that engage in such activities.
(THE compliance of the compulsory hint in the paragraph above, is HARA effective in a GRADUAL and progressive, according to the quantities of milk that is marketed or processed, as follows: (5) 6) a) who marketed and processed more than ten thousand bottles daily milk, will have a period of three months;
b) who sell or process of five thousand one, up to ten thousand bottles per day of milk, will have a period of six months;
c) who process of two thousand one, up to five thousand bottles daily of milk will have a term of twenty-four months; (and d) who process less than two thousand bottles per day of milk, is consider processor craft and will be exempt from the PASTEURIZATION, but must comply with the following conditions: 1) that will register as processors craft in address GENERAL health in the Ministry of Health publishes and support SOCIAL, who supervise the production hygienic of the milk in the establishments of obtaining COLLECTION, PROCESSING AND MARKETING OF MILK AND ITS DERIVATIVES;
(2) THAT THE MILK USED COMES FROM HERDS FREE FROM BRUCELLOSIS AND TUBERCULOSIS, OR THAT ARE INVOLVED IN HEALTH PROGRAMS THAT RUN THE MINISTRY OF AGRICULTURE AND LIVESTOCK;
(3) THAT THE MILK COMES FROM HERDS WHERE A HYGIENIC MILKING IS PERFORMED TO COWS, AND THAT PERSONS INVOLVED IN MILKING KEEP UPDATED HEALTH TICKETS; and, 4) that process milk used equipment and utensils of easy cleansing, and other materials that allows obtaining products of good quality hygienic.
THE MINISTRY OF AGRICULTURE AND LIVESTOCK, MUST PERFORM MILK CLEANING CAMPAIGNS, TO UNDERSTAND EVIDENCE OF TUBERCULOSIS AND BRUCELLOSIS, ALSO SHOULD PROVIDE TECHNICAL ASSISTANCE TO FARMERS IN THE COUNTRY TO ACHIEVE THIS GOAL, IN ADDITION TO THE ABOVE, TOGETHER WITH THE RESPECTIVE AUTHORITIES SHOULD CHECK THE QUARANTINE CASH AT BORDERS, PORTS AND AIRPORTS IN THE COUNTRY, 27 IN ORDER TO PREVENT THE IMPORTATION OF SUCH PRODUCTS WITHOUT IS COMPLY WITH THE HYGIENE REQUIREMENTS LAID DOWN IN THIS LAW. (5) (6) for the purposes of the preceding paragraph; the Ministry shall periodically check the fulfilment of this obligation and without prejudice to the above may be necessary in all those places that produce milk and dairy products quality control and bacteriological analyses and chemical physicist.
Article 90.-all food or drink that does not conform to the conditions laid down by this code or to the respective regulations, will be withdrawn from circulation, destroyed or denatured alcohol, to prevent their consumption, no more requirements than single verification of their poor quality, and must get up an act of confiscation and destruction that the owner will witness or responsible for such food or drink being relieved of all responsibility the employee or officer who check that the confiscation.
Article 91.-for the purpose of fulfilling the provisions of this section, the owners or managers of establishments or enterprises to import, manufacture, handling, packaging, storage, distribution, sale or any other relative to food or beverage operation, are obliged to allow officials or duly accredited Ministry employees as such, free access to work premises and facilities inspection , machinery, tools, workshops, equipment, vehicles, existence of food and beverages and facilitate taking of samples that may be necessary; in accordance with the relevant standards, always leaving sealed contramuestras.
Officials or employees of the Ministry, duly accredited may withdraw without any payment, customs and all public or private property where there is food or similar, the samples that may be necessary for follow-up tests, providing receipts, leaving reference sample in accordance with the respective regulations.
Article 92.-any food product containing substances which can be habit forming must be clearly printed on the respective vignette, detail and corresponding warning.
Article 93.-without prejudice to the corresponding fines the Ministry in accordance with the provisions of this code and the complementary norms, may order the temporary or permanent closure of an establishment dedicated to the production, preparation, storage, refrigeration, container, transport; distribution and dispensing of food and similar items that infringe one or more of the provisions of this code, also confiscated and if it is necessary to destroy contaminated adulterated products, altered, counterfeit and those that are false or wrongly described.
Article 94. To protect the health of the population in regards to food products that are imported, manufactured for export, or produced in the country for domestic consumption, the Ministry will establish the minimum requirements that must be fulfilled by such products.
Article 95.-the Ministry shall keep a register of foods and beverages, accordingly prohibits the import, export, trade, manufacturing, processing, storage, transport, sale or any other operation supplies to the public, of food or has not been packed or packaged drinks whose registration in the said register.
SECTION THIRTEEN 28 estate Art. 96.-to create new populations, in order to enlarge them and start a construction and opening of new streets, it is essential to obtain written authorization from the Ministry prior resolution which in effect handed down the Joint Office of the areas of soil protection.
A delegate representing the Ministry will coordinate actions with the Ministry of public works.
SECTION FOURTEEN buildings article 97.-to build wholly or partly all sorts of buildings, public or private, either in urbanized areas or sub-urban areas, the interested party must make a written request to the Ministry or its corresponding delegates in departments, approval of the plan of the project and essential license to implement it.
Article 98.-any building built or rebuilt, can inhabit is, give for rent or allocated to any other use, but even after that the Ministry or its delegates declare that the requirements expressed by the provisions of this code and the complementary regulations met.
Art. 99.-before starting construction, will decontaminate the respective ground where necessary, and appropriate health services are installed and sufficient for the construction workers.
Article 100.-to build, rebuild or modify totally or partially any building, when somehow have affected health facilities, the distribution of plants or premises or is vary conditions of lighting or ventilation, must previously obtain the authority of respective health, the approval of the corresponding draft.
Responsible for the construction, reconstruction or modifications and the owner, are required to give access to the health authority which granted the permit, when the works start, at the conclusion of sanitary facilities and before finalizing them, so that can be inspected properly.
The health authority which granted the permit, send practice during the execution of the work, inspections that it deems necessary and may order the suspension of such works, when its execution does not conform to the approved project and the precepts of this code and its regulations.
All premises built or unbuilt in urbanized area; What ever your destination, must be equipped with water, drainage and health services or their corresponding utility.
Article 101.-buildings destined for the public service, such as markets, supermarkets, hotels, motels, inns, guesthouses, public dormitories, schools, entertainment halls, factories; industries, public or private offices, shops, health facilities and meeting centers, may not open, inhabit is not run or put into exploitation, without the written permission of the appropriate health authority.
Such permission will be granted after checking is that requirements have been met that 29 determined by this code and its regulations.
Article 102.-all building or urban land is subject to inspection or monitoring of health authorities, who can enjoy the visits that they deem suitable and ordering the execution of the works necessary to put the land and all its dependencies in hygienic conditions according to the use to which it is intended.
When a site built to be split by partition, sale, assignment or other concept, you must obtain permission from the appropriate health authority, who will qualify to the division of the discovered spaces provided so that lighting and natural ventilation, do not affect the water supply, drains or easements of the respective buildings or partitioned premises or its annexes.
Article 103.-any area destined to the premises of a building, lighting or ventilation should be covered without the authorization of the respective health authority.
Article 104.-in any building intended for individual or collective housing or public service, can store combustible, explosive and toxic substances.
Article 105.-not be able to open to the public fairs, markets, supermarkets and mechanical devices for fun, hair salons, beauty salons, saunas and massages, pools, temples, theatres, schools, colleges, auditoriums; sports facilities, hotels, motels, pensions; restaurants; bars, coffee shops and other similar establishments, without the authorization of the corresponding public health office; that will give it through the payment of the respective fees and check that all the requirements of this code and its regulations are satisfied.
Stakeholders may not renew in the municipalities the patents of these establishments, but have the permit or license issued by the authority of respective health, with entry into force thirty days in advance as a maximum.
SECTION fifteen artifacts health article 106 – the Ministry issued standards for the manufacture, installation and maintenance of fixtures in general, also will develop program of latrine, mainly in rural areas.
SECTION SIXTEEN safety and hygiene of the work article 107.-it declared of public interest, the implementation and maintenance of safety and occupational hygiene services. For this purpose the Ministry shall establish according to its resources, Central, regional, departmental and local agencies, which in coordination with other institutions, will develop appropriate action.
Article 108 – the Ministry in regards to this matter will be charged: to) the conditions of sanitation and safety against accidents and diseases 30 in all places of production, processing and trade;
(b) the execution of General and special measures on protection of workers and population in general, as to prevent diseases and accidents; and, c) the prevention or control of any fact or circumstance that could affect the health and the life of the worker or cause unfavorable impacts on the neighbourhood of the labor establishment.
Article 109.-corresponds to the Ministry: to) promote and perform in the establishments or facilities by means of your delegates or of LOS services doctors own of LAS companies industrial programmes of immunization and CONTROL of diseases TRANSMISSIBLE, GENERAL hygienic education, maternal child health, nutrition; TREATMENT AND PREVENTION OF SEXUALLY TRANSMITTED DISEASES, MENTAL HYGIENE, ENVIRONMENTAL SANITATION AND REHABILITATION OF DISABLED PERSONS EMPLOYMENT; (11) b) classify the professional and industrial diseases which must be notified to the relevant authorities;
(c) authorize the installation and operation of factories and other industrial establishments, in such a way that it does not constitute a danger to the health of workers and of the general population and they comply with the corresponding regulations;
ch) cancel the corresponding authorisations and order the closure of industrial establishments, where its operation constitute serious health hazard and have not met the requirements of the authorities of health, in accordance with the respective regulations; and, (d) set the conditions for the import, export, storage; transportation, distribution, use, destruction and in general to operate any matter or waste which is or you can become a health hazard.
Article 110.-the Ministry shall establish appropriate coordination with the Ministry of labour and Social Welfare and the Salvadoran of the Social Security Institute to effect, coordinate with these bodies, the functions relating to the protection of the worker of the city and the countryside and those relating to the economic problems of the welfare and social security.
Article 111.-for the purposes of this code are considered establishments or commercial installations or industrial, locals and its annexes or dependencies, either covered or discovered, devoted to manipulation; working or processing of natural or artificial, by physical treatment, chemical, biological and other products, using or not machinery.
Article 112.-for the protection of the neighborhood, settlements and commercial facilities or industrialists and their activities are classified into harmless, annoying temporarily, permanently 31 annoying and dangerous.
Article 113-refers to establishment or harmless installation, which does not produce any kind of discomfort, which do not produce noise, unpleasant odours, vibrations; radiation; smoke; gases; powder; attraction of insects and rodents and excessive circulation of people and vehicles.
Article 114.-means of establishment or installation temporarily upset, which causes some mild discomfort and only during daytime hours. Cannot be classified in this group any establishment that operates for more than twelve hours.
Article 115.-refers to establishment or permanent upset, which causes problem for more than twelve hours, which produce excessive noise, vibration, radiation, fumes, gases; powders or odors and which constitute a focus of attraction of insects and rodents.
Article 116.-is means establishment or dangerous installation which by the nature of the product processed or raw that uses can put in GRAVE danger the health and the life of the neighborhood, such as explosives, minerals SMELTERS factories and produce radiation.
THESE ESTABLISHMENTS SHOULD BE LOCATED IN SPECIAL ZONES AUTHORIZED BY THE MINISTRY, WHICH WILL BE ALWAYS DISTANT FROM THE URBAN RADIO, IN ANY CASE, THE FACILITIES AND THE BORDERS OF THEIR LAND, THERE MUST BE A MINIMUM OF 100 METRES DISTANCE. IN THE CASE OF PYROTECHNIC PRODUCTS IS IN THE CONTROL ACT PROVIDED AND REGULATION OF ARMS, AMMUNITION, EXPLOSIVES AND SIMILAR ITEMS. (9) article 117 – the Ministry will set conditions for handling and storing materials harmful and dangerous, for protection of the neighborhood.
SECTION SEVENTEEN disposal, handling corpses and human remains (10) article 118.-corresponds to the Ministry to authorize the operation of cemeteries and crematoria of corpses, are these municipal; private or mixed economy, based on provisions in the law and the respective regulations.
Article 119.-all cemetery must possess a morgue for bodies which, for any reason, may not receive their immediate burial and an ossuary general to deposit the remains exhumed.
Article 120.-the owners of cemeteries and crematoria that they do not meet the requirements of hygiene and adornment required by this code and its regulations, will be punished with a fine of one to twenty-five thousand colones. In case of recidivism the fine will be raised to double the sentence. In case of failure to comply with prescribed by the Ministry, it will proceed to cancel the authorization for operation.
Article 121.-it will not allow the establishment of cemeteries or establishments engaged in the deposit, preparation and preservation of corpses and human remains at sites that pose danger to the health or well-being of the community.
32 article 122.-to establish a mortuary or funeral, home, applicants must request authorization from the Ministry; accompanying planes projected facilities and detailed description of all the activities which are intended to develop. Houses gravestones or funerals that are running at the date of entry into force of this code shall within a period of six months revalidate your permission.
Article 123.-the burial of a corpse may be effected between the sixteenth and twenty-four hours of the death. Unless by order of health authority or court is to be made before or after such termination.
No body will be cremated before the twenty-four hours of the death, without the prior consent of the health authority. But if this has occurred as a result of a criminal act or is subject to judicial investigation, the health authority will permit, authorization of the corresponding judge.
If death has been caused by contagious disease the health authority may order the cremation before the deadline.
Article 124.-the burials, cremations and practices of any procedure to prepare, retain or destroy dead bodies and human remains, only can be performed on those sites or approved establishments and on presentation of the respective death certificate and permission. Human waste from the preparation and conservation of a corpse must be buried or incinerated, by presenting the respective certificate of death.
Article 125.-the entry and exit of bodies or human remains from the national territory or their transfer from one location to another within the country only can be through the permission of the Ministry; After complying with the legal requirements.
Article 125-A-the Ministry through the addresses of national hospitals, may authorize universities legally constituted with faculties of medicine, upon request thereof, the use of corpses or remains human for purposes of teaching and research, provided the death not occurred by contagious disease NOTIFIABLE, violent death, ACCIDENTAL or that its origin is product of the Commission of a PUNISHABLE Act.
FOR THE DISPOSAL OF DEAD BODIES, THEY MUST HAVE THE RESPECTIVE CERTIFICATION OF DEATH. (10) article 125-B.-in the case of the bodies or human remains that during a period which may not be less 24 hours, not NO RECLAMADOS claimed or identified by his family or RELATIVES, the Ministry may permit the use and removal of these hospital facilities for purposes of teaching and research, by public or private universities. THE TRANSPORT OF CORPSES AND HUMAN ORGANS, IS THE RESPONSIBILITY OF UNIVERSITIES, ACCORDING TO HEALTH REGULATIONS TO THAT EFFECT IS ISSUED. (10) article 125-C.-all body, debris, or organs for humans to be used for the 33 purposes set forth in article 125-A, shall, within a period not more than five hours after declared the death of the person, be PRESERVED by means of procedures or scientific techniques recognized or accepted; FOR THESE PURPOSES, UNIVERSITIES, MUST APPLY FOR THE AUTHORIZATION TO START THE PREPARATION PROCESS; HOWEVER, DO NOT YOU CAN WITHDRAW IT WHILE 24 HOURS REFERRED TO IN THE PRECEDING ARTICLE HAS ELAPSED. THE RESPONSIBILITY OF THIS PREPARATION WILL BE THE RESPECTIVE UNIVERSITY THAT WILL MAKE USE OF IT.
UNIVERSITIES IN ORDER TO OBTAIN CADAVERS FOR THE ABOVE PURPOSES, MUST HAVE ADEQUATE INFRASTRUCTURE FOR THE PRESERVATION AND MAINTENANCE OF THESE. (10) article 125-D.-the universities get corpses of people unknown, may not use them for purposes of study for a term of 6 months, from the date in which it was declared the fact of death, in order to give opportunity to the family, if the proceedings, so that they can claim it; IN THIS PERIOD THE CORPSES REMAIN IN INSTITUTIONS AND ONLY WILL RECEIVE CONSERVATION TREATMENT AND HEALTH MANAGEMENT FOR SAFEKEEPING, WHICH MUST EXIST IN EACH FACULTY AND RESPECTIVE HOSPITAL, A RECORD OF EACH BODY WHICH SHALL CONTAIN AS A MINIMUM THE CAUSE OF DEATH, PHOTOGRAPHS, FINGERPRINTS, PHYSICAL CHARACTERISTICS AND OTHER NECESSARY INFORMATION THAT WILL ALLOW THEIR IDENTIFICATION. THE UNIVERSITIES WILL ASSUME THE COSTS OF THE RECEIPT OF THE CORPSES.
IF WITHIN THE PERIOD STIPULATED IN SECTION BEFORE OR AFTER IT, THE CORPSE IS REQUIRED BY A RELATIVE WITHIN THE FOURTH DEGREE OF CONSANGUINITY AND SECOND OF AFFINITY, EDUCATIONAL INSTITUTIONS SUBJECT TO VERIFICATION BY THE MINISTRY OF THE DEGREE OF KINSHIP, ARE OBLIGED TO RETURN WITHOUT DEMANDING ECONOMIC COMPENSATION BY ANY CONCEPT, IN THE SAME WAY EDUCATIONAL INSTITUTIONS SHALL NOT BE SUBJECT OF CLAIM UNLESS IS PROVED SUBTRACTION. (10) article 125-E-may be used for educational or scientific purposes the corpses of people who in life and voluntarily and CONSCIOUSLY, it have been expressed before a civil servant or competent institution. TEACHERS AND STUDENTS MAKE USE OF CORPSE SHALL COMPLY WITH SANITARY STANDARDS THAT FOR SUCH PURPOSES IS ISSUED. (10) article 125-F.-when a corpse by the degree of deterioration that presents as their use for the purpose of teaching is not possible E research, the University that it possess you must apply to the Ministry of public health and SOCIAL assistance authorized by burial. (10) article 125-G.-to promote the advance of science medical or detect timely pathological conditions that may constitute a serious risk to the health of the population, can be made the practice of AUTOPSIES and related procedures in health facilities, accredited for this purpose. THE MINISTRY WILL REGULATE THE REQUIREMENTS, PROCEDURES AND CONDITIONS REQUIRED FOR SUCH PRACTICES. (10) 34 article 126.-the exhumation of corpses before seven years may only be with express authorization from the Ministry or its delegates according to the respective standards or by court order.
SECTION eighteen autopsies Art. 127.-to promote the advancement of medical science or timely detect those pathological conditions that may constitute a serious risk to the health of the population; obligation will be the practice of autopsy and related procedures in health facilities, accredited for this purpose. A special regulation shall regulate the requirements, procedures and conditions required for such practices.
SECTION nineteen transplant of organs or tissues (7) Article 128.-the Ministry of public health and SOCIAL welfare, is the RECTOR of the national policy agency organ transplant and tissues human therapeutic and scientific purposes, the drawn up in consultation with the National Council transplant. (7) Article 128-A-created National Council of TRANSPLANTS, as advisory body and the national policy advisor transplant, which will be CHAIRED by the Minister of public health and SOCIAL assistance or who do their times. (7) THE NATIONAL COUNCIL OF TRANSPLANTS WILL BE COMPOSED OF FIVE MEMBERS, ONE APPOINTED BY THE MINISTRY OF PUBLIC HEALTH AND SOCIAL WELFARE, ONE BY THE HIGHER COUNCIL OF PUBLIC HEALTH, ONE BY THE BOARD'S MONITORING OF THE PROFESSION MEDICAL, ONE BY THE SALVADORAN SOCIAL SECURITY INSTITUTE AND ONE BY THE ASSOCIATION OF PRIVATE HOSPITALS. (7) A REGULATION SHALL ESTABLISH THE FUNCTIONS AND POWERS OF THE NATIONAL COUNCIL OF TRANSPLANTS. (7) Article 128-B.-the practice of transplantation of organs or human TISSUE is held in strict adherence to standards of ethics and based at the beginning of equity, justice, solidarity, voluntary and without distinction of any nature. (7) Article 128-C.-for the purposes of this code are means: Bank of organs and tissues: deposit of materials or human tissues for future use by other individuals or for scientific research.
LIVING DONORS: IS THE PERSON WHO CARRIES OUT THE LIVING ORGAN DONATION OR PORTIONS THEREOF, WHOSE EXTRACTION IS COMPATIBLE WITH LIFE AND WHOSE FUNCTION CAN BE COMPENSATED BY THE BODY OF THE DONOR ADEQUATELY AND SUFFICIENTLY SECURE 35.
DEATH: IS THE IRREVERSIBLE CESSATION OF CARDIO - RESPIRATORY FUNCTIONS, OR WELL, WHEN PROVEN THE COMPLETE AND IRREVERSIBLE LOSS OF BRAIN FUNCTIONS AND BRAIN STEM.
BRAIN DEATH: IT IS THE COMPLETE AND IRREVERSIBLE LOSS OF BRAIN FUNCTIONS AND BRAIN STEM.
ORGAN: IS THAT DISTINGUISHABLE PART OF THE HUMAN BODY CONSTITUTED BY VARIOUS TISSUES THAT MAINTAINS ITS STRUCTURE, VASCULARISATION AND CAPACITY TO DEVELOP PHYSIOLOGICAL FUNCTIONS WITH AN IMPORTANT LEVEL OF AUTONOMY AND SELF-SUFFICIENCY.
PROTOCOL DOCTOR: IS THE CIENTIFICA-MEDICA RULE TO BE APPLIED, TO CARRY OUT ORGAN TRANSPLANTS OR TISSUES OR THE EXTRACTION OF THE SAME IN HUMANS.
FABRICS: ORGANIZATION OF MANY SIMILAR CELLS THAT WORK TOGETHER TO PERFORM A COMMON FUNCTION.
TRANSPLANTATION OF ORGANS OR TISSUES: IS USING THERAPY OF ORGANS OR HUMAN TISSUE TO REPLACE AN ORGAN OR SICK, OR THEIR FUNCTION ON THE OTHER HEALTHY TISSUE. (7) Article 128-D.-the obtaining of organs or TISSUE for transplantation, may be to persons living or dead, who have expressed, in life-from their willingness to donate in the way that is set out in the following article. (7) IN THE CASE OF PERSONS DEAD, THE AUTHORIZATION ALSO MAY GRANT IT ANY RELATIVES THAT YOU EXIST, IN THE FOLLOWING ORDER: PARENTS, SPOUSES, CHILDREN, SIBLINGS OR GRANDPARENTS. (7) Article 128-E.-will be donor of organs or tissues may be expressed either in the license or in existing staff, or identity through public deed before a notary. (7) Article 128-F.-the diagnosis and certification of the death of a person, is based on the IRREVERSIBLE CESSATION of CARDIORESPIRATORY functions or when proven loss of brain functions and brain stem, according to the respective protocol. (7) Art.128-g.-the process of organ TRANSPLANTS or tissues of living humans or 36 dead just may be in the institutions authorized by the public health Council. (7) THE NATIONAL COUNCIL OF TRANSPLANTS, SHALL KEEP A REGISTER FOR SPECIALITY OF HEALTH PROFESSIONALS ARE ENGAGED IN PROCESSES OF TRANSPLANTS. (7) Article 128-H.-the institution authorized to perform organ TRANSPLANTS or tissues, as well as for extract, preserve, store and transport them, must have the infrastructure adequate to do so. AND WITH THE STAFF QUALIFIED. (7) INSTITUTIONS TO PERFORM ORGAN TRANSPLANTS OR TISSUES MUST HAVE AN INSTITUTIONAL TECHNICAL COMMITTEE. (7) THE INSTITUTIONAL TECHNICAL COMMITTEE WILL BE RESPONSIBLE FOR EXECUTING AT THE INSTITUTIONAL LEVEL THE NATIONAL POLICY OF TRANSPLANTATION. (7)
IN THE CASE OF SPECIALIZED CLINICS WHICH ONLY PERFORM A TYPE OF TRANSPLANT, THE COMMITTEE WILL BE COMPRISED OF AT LEAST THREE PROFESSIONALS IN THE FIELD TO WHICH THE INSTITUTION IS DEDICATED. (7) THE RULES SHALL LAY DOWN THE REQUIREMENTS THAT MUST SATISFY THE INSTITUTIONS, AS WELL AS THE FUNCTIONS AND TERMS OF REFERENCE OF THE TECHNICAL COMMITTEE ON INSTITUTIONAL. (7) THE COMMITTEE SHALL CONSIST, AT LEAST BY FIVE PROFESSIONAL SUBJECT MATTER EXPERTS AND WILL BE CHAIRED BY THE DIRECTOR OF THE INSTITUTION. (7) Article 128-I-transplant operations can be practiced when other therapeutic methods are insufficient to improve the quality of life of the patient, prior authorization of the institutional technical Committee. (7) Article 128-J.-authorization for the removal of organs or tissues in people alive will always be revoked, including a moment before surgery. IN ANY CASE THE REVERSAL WILL INVOLVE SOME LEGAL REPERCUSSION AGAINST THE DONOR. (7) Article 128-K-may be accepted as donors live, older persons eighteen years of age in full use and benefit of their mental faculties, and in a condition suitable to the nature of the procedure. (7) Article 128-L.-physicians who make the surgical process, should widely inform the donor and RECEPTOR organs or TISSUE, the procedure and the risks thereof; AS WELL AS THE THERAPEUTIC AND SIDE EFFECTS OF DRUGS AND OTHER CHEMICALS USED IN THE TREATMENT, WHICH WILL LEAVE EVIDENCE ON THE RESPECTIVE CLINICAL RECORD. (7) Article 128-M.-entry or exit of organs or tissues to EL SALVADOR with 37 therapeutic purposes, as well as their movement inside the territory national, only may be authorized by the Ministry of public health and SOCIAL welfare, upon advice of the National Council of transplantation. ((7) Article 128-N.-administrative, CIVIL liability or criminal will fall: (7) to) in the health team that PERFORMS the process of organ TRANSPLANTS and WOVEN human, by FOULS committed attributable to this; ((7) b) on the DIRECTOR of establishment where is perform the process of transplant or who make your times and SUBSIDIARILY the State when c) is case of causes attributable to the institutions public; and, (7) d) in LA Board directive and on the DIRECTOR of the institution when this was private. (7) Article 128-O-all procedure to transplant of organs or tissues, should be carried out in accordance with that prescribed by the regulations and the corresponding medical protocols; THE LATTER SHALL BE AUTHORIZED AND UPDATED BY THE MINISTRY OF PUBLIC HEALTH AND SOCIAL WELFARE. (7) Article 128-P.-it is prohibited the removal of organs and tissues whose separation can cause partial, TOTAL disability or the death of the donor. (7) Article 128-Q.-prohibits the removal of organs or tissues for profit or other benefit which is not therapeutic or scientific. (7) Article 128-R.-education and promotion to the village for donation or obtaining organs or tissues must be permanently only by the Ministry of public health and SOCIAL welfare, in which any kind of reward or remuneration do not must be provided. (7) section twenty Control of chronic acute communicable diseases and zoonoses article 129.-are declared of public interest, the permanent actions of the Ministry, against communicable diseases and zoonoses.
Article 130.-the Ministry shall be responsible in all respects control of communicable diseases and zoonoses, which should provide collaboration all those public or private institutions in what is their jurisdiction.
SECTION twenty-one declaration mandatory Art. 131. are diseases of notifiable diseases as follows: 38 Amebiasis with hepatic abscess; Amoebiasis without mention of hepatic abscess; Streptococcal angina; Hookworm infection; Ascariasis; Botulism; Brucellosis; Anthrax; Cysticercosis; Soft Chancre; CHIKUNKUNYA; (14) dengue; Diphtheria; Bacillary dysentery; Toxic effects for drugs; Toxic effects by heavy metals; Toxic effects of pesticides, phosphorus-containing carbamates, chlorinated; Encephalitis; SEXUALLY TRANSMITTED DISEASES; (11) diarrhoeal disease; Scabies; Paratyphoid fever; Recurrent fever transmitted by lice; Rheumatic fever without mention of complication heart; Rheumatic fever with heart complication; Typhoid fever; Granuloma inguinale; Infectious hepatitis; Genital herpes; Acute gonococcal of the genito-urinary tract infection; Cestode infections; Food poisoning due to different causes; Staphylococcal poisoning; Leishmaniasis, cutaneous and visceral; Leprosy; Leptospirosis; Lymphogranuloma Venereum; Meningococcal meningitis and other meningitis; Pneumonia and bronchopneumonia; Other gonococcus infections; Other intestinal helmitiasis; Acute poliomyelitis with or without other paralysis bulbar poliomyelitis; Malaria; Parasitosis transmitted by fish; Epidemic parotitis; Rabies in man;
39. rubella; Measles; Syphilis in all its forms; Syndrome of immune deficiency acquired (AIDS) tetanus neonatorum and other forms; Epidemic typhus transmitted by lice; Torzalo; Whooping cough; Toxoplasmosis; Genital trichomoniasis; Trichuriasis (tricocefaliasis); Trypanosomiasis; Tuberculosis of the respiratory system; Tuberculosis of other locations; Chickenpox; THE ZIKA VIRUS. (14) this list may be modified by adding or suppressing diseases, according to the Ministry otherwise.
SECTION twenty-two diseases quarantines Art. 132-the diseases subject to the international health regulations are: smallpox, jungle and urban yellow fever, plague and cholera.
The Declaration of these diseases is mandatory in the term of twenty-four hours following his diagnosis, whether true or probable.
This information should contact the Ministry or its nearest unit.
SECTION twenty-three diseases object of surveillance art. 133. are diseases subject to surveillance referred to in articles 131 and 132.
SECTION 24 notice Art. 134-the system of notification of the diseases referred to in articles 131 and 132 is subject to rules established by the Ministry.
Article 135.-are required to notify diseases specified in articles 131 and 132.
(a) the doctor attending the patient;
(b) professional responsible for autonomous or semi-autonomous public or private health facilities, where it is present or attend a case;
(40 c) the owner or person in charge of House or establishment in which is present one of these cases;
ch) the legal representative, family members or persons responsible for the sick;
(d) the professional responsible for the laboratory that confirm the diagnosis of the disease;
(e) the veterinary surgeons in cases of zoonoses communicable to man; and, f) any person who has knowledge or suspicion of any case of such diseases.
SECTION twenty-five isolation, quarantine; Observation and surveillance article 136.-the people who have of notifiable diseases or are quarantines, as well as those which, even without clinical manifestations, still spread their germs or have been exposed to their infection, may be submitted to isolation, quarantine; observation or surveillance, for the time and in the form determined by it the Ministry, in accordance with the respective regulations.
SECTION twenty-six treatment local Art. 137.-the local and objects which have had contact or relationship expressed in the previous article, people must be subject to disinfection, disinsection, disinfestation and deratization procedures according to be the case; by the appropriate technical means of order or by direct action of the own health authority, as deemed appropriate.
Article 138.-for the purposes of the previous article, private companies engaged in disinfection, disinfestation; insect and rodent control; they will be subject and regulated in terms of the quality of the products that perpetrating for this purpose, the rules issued by the Ministry.
SECTION twenty-seven action in case of epidemic article 139. -In case of epidemic or threat thereof, the Executive branch in the field of public health, may be declared epidemic zone subject to health control, any portion of the national territory designated by that Court and adopt the measures extraordinary that this advise and as long as the same point, to prevent the danger, combat damage and prevent its spread.
SECTION 28 transfer of contagious sick Art. 140.-the transfer of contagious sick by any means that is made, will be subject to the rules and regulations which, in effect, received the Ministry.
SECTION twenty-nine 41 ban on cultivation of microorganisms or parasites dangerous article 141.-it is prohibited to owners, responsible professionals and employees of autonomous or semi-autonomous public or private laboratories; grow or keep in shape any microorganisms or parasites that are exotic in the country disease agents, unless expressly Ministry, authorizes them to do so and for purposes of research, taking account of the reasons which justify the fact and offer of assurances and guarantees against risks or hazards that may arise from such operations make sure the components of biosecurity of laboratories.
SECTION thirty exams collective Art. 142-the health authorities can order or perform directly themselves, as they create it, with obligatory periodic practice of collective health examinations, by means of scientific research that the technique advise.
They may also, depending on circumstances, adopt the same measure on a regular basis or without it, with respect to certain groups, classes; sectors or individuals in the population, whether in cases of epidemics or in populations at special risk.
Article 143.-as extraordinary measure of a preventive nature, the Minister may order the medical examination of the entire population, when the magnitude of the circumstances so require it, and to prevent the appearance of serious dangerous exotic diseases or new development of diseases eradicated in the country.
Article 144.-whenever the health authorities have knowledge of diseases of unknown or doubtful origin, whose determination is notoriously prophylactic attractions, will proceed to verify the corresponding clinical observations, analysis; biopsies; autopsies; viscerotomias and other research studies that for such cases advise the medical science; mainly in migrant populations for which dictate the respective regulations.
Article 145.-for the fulfillment of the three preceding articles, all natural or legal persons and public and decentralized institutions are obliged to provide all the collaboration that requests the Ministry to the effect.
SECTION thirty-one preventive article 146.-repealed by immunization: D.L. No. 1013 / 2012.
Article 147.-repealed by: D.L. No. 1013 / 2012.
SECTION thirty and two other services preventive Art. 148.-the Ministry will provide preventive treatment to the human population when necessary, 42 to prevent the spread of communicable diseases and everyone is forced to undergo such treatment.
Article 149.-for the control of tuberculosis is will dictate the rules and actions will remember that, in an integrated manner; They shall be aimed at the prevention of disease; diagnosis, localization, and adequate treatment; control and rehabilitation of the sick. These rules and actions shall be binding on all public and private health facilities.
Art. 150.-to comply with as indicated in the previous article, the Government will give full support to national and international, public or private institutions that contribute to the control of tuberculosis.
Article 151.-is required for all sick from tuberculosis and any communicable disease, to undergo the treatment indicated, both outpatient and hospital; and public security authorities, will give their full support to the Ministry, this provision will be fulfilled. Breach of this provision shall incur liability.
Article 152.-is required for contacts of acute communicable diseases; Chronicles and zoonoses, undergo clinical research and to the actions of the rules laying down the Ministry.
SECTION thirty-three sexually transmitted diseases (11) Article 153.-sexually transmitted diseases CONTROL will be carried out by the Ministry. PATIENTS WITH SEXUALLY TRANSMITTED DISEASES AND SEXUAL CONTACTS MUST ABIDE BY THE ORDERS OF OBSERVATION, SURVEILLANCE OR TREATMENT, BY THE TIME OR IN THE FORM DETERMINED BY THIS CODE AND ITS REGULATIONS.
THE PUBLIC SECURITY AUTHORITIES, WILL ALL SUPPORT HEALTH AGENCIES FOR COMPLIANCE WITH THESE PROVISIONS, WITHOUT PREJUDICE TO ANY LIABILITY CRIMINAL THAT IT PROVES. (11)
Article 154.-the Ministry shall adopt regulations for the prevention of sexually transmitted diseases and for the treatment, CONTROL and rehabilitation of the sick. THESE STANDARDS AND CORRESPONDING ACTIONS SHALL BE MET IN ALL PUBLIC AND PRIVATE HEALTH FACILITIES AND FOR ALL ENTITIES OR ORGANIZATIONS THAT PROVIDE MEDICAL CARE. (11) section thirty and four diseases transmitted by mosquito Dengue malaria and encephalitis Art. 155.-the Ministry will be in charge and responsible actions against malaria and dengue. In consequence, entities or agencies officers, autonomous, national and international, public or private, that may have direct or indirect relationship with the activities that are specific to the Department of Malariologia, by the purposes pursued in the development of their activities are subject, with respect to them, to rules issued by this institution.
43. Article 156.-by its diffusion and high rate of morbidity declares that malaria is a national problem of urgent solution. Therefore the national and municipal authorities and in general, all Salvadoran citizen or foreigner residing in the territory of the Republic, are in the duty to cooperate in the control of the disease.
Article 157.-owners, managers or administrators of workshops, factories and benefits; Mills, estates or haciendas, cemeteries and any institution, company or export assistance, commercial, agricultural, industrial or any other national or foreign, public or private, are required to make efforts to control mosquitoes in their properties and facilities.
Companies running public or private works involving the use or handling of flows or volumes of water in any area or region where malaria or their vectors may spread, must perform the filling, adequate drainage of waters, swamps overambitious, or which may be necessary to avoid that, as a result of those works create conditions conducive to the formation of mosquito breeding sites transmitters of diseases.
Article 158.-owners or legal representatives of companies or establishments referred to in the previous article, will be required in addition to proceed to the application of measures and development of prophylactic activities that the Ministry otherwise.
Article 159.-all the inhabitants of the country are obliged to collaborate with the health authority in carrying out the activities and prophylactic measures referred to in the articles from and to allow and facilitate housing for such purposes, access the corresponding personnel in buildings, rooms and other dependencies and to comply with directions that may be given.
SECTION thirty and five parasitism Intestinal Art. 160-to control intestinal parasitism, the Ministry will develop all preventive and curative activities that are necessary for the population at risk.
SECTION thirty and six zoonoses Art. 161.-create on an ongoing basis, the national technical Commission, composed of the ministries of public health and Social Welfare and Agriculture and livestock, who will be in charge of proposing rules and regulations for the control or eradication of the Zoonosis that affects the human species.
The Commission shall submit its decisions for consideration by the governing authorities of the respective bodies, which will become mandatory once approved by them; the integration and functioning of the Commission concerned shall be determined in the respective regulations.
Article 162.-corresponds to the Ministry, to enact the rules and perform the actions necessary to protect the population against the zoonosis. For the sacrifice of the animals carrying zoonoses, will be the Ministry of public health and Social assistance that will order it in coordination with the Ministry of agriculture and livestock, always counting on the cooperation of security forces.
44 art. 163.-for the purposes of monitoring with respect to the zoonosis, are considered the human species, the following communicable animal diseases: brucellosis, cysticercosis; clostridiosis, equine encephalitis, Hydatid disease; salmonellosis; leishmaniasis; leptospirosis, rabies, scabies; chagas diseases; toxoplasmosis, trichinosis, tuberculosis animal; trypanosomiasis, anthrax, sodokuo; Choriomeningitis, lymphocyte, ornithosis and psittacosis, Q fever, Coccidioidomycosis, histoplasmosis, tularemia and others expressly determined by the Ministry.
SECTION thirty and seven prophylaxis International Art. 164.-all travelers to enter the country, shall submit to the appropriate health authority, certified international vaccine, valid or other serological tests against diseases that the Ministry deems necessary, according to their own rules.
These people also undergo is medical exam as well the respective health authority deems it. In the case of immigrants, these besides health certificates obtained in their country of origin duly authenticated by the consular Salvadoran authorities, based on clinical and radiological examinations and laboratory tests that stating that they do not suffer from or are carriers of communicable diseases, will have to undergo medical examination by the health authority, to corroborate such certificates If it is considered suitable.
Article 165.-to enter the country from human cadavers, live or dead animals, processed foods or not; plants of any species and harmful minerals for health shall be obtained permission from the Ministry or its delegates.
Article 166.-the requirements of entry to the country to refer the articles 164 and 165 will have priority and will be fulfilled in advance to all that apply to other authorities.
Article 167.-passengers of ships or aircraft in international traffic admitted to free talk, staying in ports or airports for less than forty-eight hours, will disembark for one period not to exceed twenty-four hours, without further documentation of health a list signed by a physician aboard or failing that by the captain of the ship or aircraft in which it certifies that none of the passengers suffer from communicable diseases. This provision will be extended to members of aircrews, which should be effective by the port and airport authorities.
For one greater permanence, it shall comply with the requirements indicated in the present code and its regulations.
The captain of the ship or aircraft is responsible for the breach of this precept.
Article 168 - the sanitary Control of transport, passengers and crew in ports, airports and border places aims to protect the country against communicable diseases and zoonoses.
This control is in charge and under the responsibility of the ministries of public health and Social Welfare and Agriculture and livestock, through his delegates, whose activity will be governed by the provisions of this code, its regulations, the international health regulations and international agreements in this regard, ratified by El Salvador.
45. Article 169.-all transportation entering the country with load or passengers will be subject to a health inspection, which may be repeated frequently as deemed appropriate. The delegates of the Ministry authorized free transit to transport classified as clean; they will retain the suspects, subject to sanitary measures of the case to effect prevent extend them or that communicable diseases or zoonoses to propagate them.
Article 170.-once met the requirements established in the previous article, the Ministry or his delegate shall grant them free movement.
Article 171.-the corresponding health authority, will order when it deems it appropriate, disinfection, disinfestation, disinsection and deratization of transport by fumigation or another suitable method.
Article 172.-in vessels the following measures will be taken.
(a) be required the permanence of the ship at least 400 metres from the coast, if the respective geographical constituency of origin has yellow fever or an outbreak of any disease's rapid spread and high mortality, spread by winged vectors; and, b) measures shall be taken to prevent the entry and exit of rodents and rodent control measures will be required when it is necessary.
Article 173.-the corresponding health authority will require ships the following documents: a) the sanitary Declaration; and, b) the sanitary journal maintained daily by a doctor on board, in which this record the State of health of the ship, passengers and crew, with their age, nationality, address, profession, nature of illness or injury and the result of the treatment provided to those who have attended during the trip, origin and sanitation of food and drinking water; place where it was obtained and means employed aboard to purify it and protect it; measures employed to prevent the inputs and outputs of the rodents and to protect the crew and passengers against disease vectors and any other information concerning the sanitary conditions of transport and ports of call. The health journal will be signed by the captain and the ship physician and presented to the Authority's health or consular officer requesting it. If there is no doctor, corresponds to the captain of the boat note in the book, as much as possible, the data listed above.
The health authority should record in the daily conditions in which the ship is to carry out any inspection.
Article 174-in ports, the delegate of health according to the captain of the port, shall designate the place where ships, the distance in the literal must stop to) article 172, to receive health visits. It is should be designated with three yellow buoys.
46. Article 175.-on each port be designated the place destined for the anchorage of ships in observation. Three fixed yellow and Red buoys should be established on these anchorages.
Article 176.-the delegate of health according to the captain of the port, will mark the place in should to stop ships and boats destined for eviction and transportation service until declared its freedom of movement.
Article 177.-national vessels or foreign, who arrive to Salvadoran port, delivered his health documents to the delegate of the Ministry or the respective port captain in his absence.
Article 178-on aircraft, the following measures must be taken: to) is required to be equipped with insecticides and efficient nebulisers;
(b) when there is a danger of transport of vectors, either malaria or diseases of international interest, they may require the disinsection immediately upon arrival, before departure and if necessary during the forthcoming voyage; and, c) the rat he suspected the existence of rodents.
SECTION thirty and eight Control chronic diseases not communicable Art. 179 – the Ministry according to their resources and priorities, develop programs against non-communicable chronic diseases.
In these programs there will be actions aimed to prevent and treat them promptly and efficiency and standards be established to achieve an efficient system of early diagnosis and to develop educational programs.
Article 180.-the Ministry will coordinate activities that develop their dependencies with the public and private institutions for the prevention and control of non-communicable chronic diseases in order to achieve the establishment of an integrated national program to similar.
SECTION thirty and nine accident prevention and violence Art. 181.-for the purposes of this code, accident is any unforeseen event that may affect the health of the individual. If the unforeseen event occurs due to performance or occasion to execute a job is considered work-related accident.
Article 182.-corresponds to the Ministry the study of the epidemiology of accidents, the disclosure of causes, risks and ways to prevent them and dictate the standards necessary to avoid them.
Article 183.-a joint Commission with representation from the ministries of labour and Social Security, public health and Social Welfare, defense and public security and the Ministry of the Interior, will be created to coordinate the activities carried out by these institutions in the prevention of accidents. The 47 Commission may require the competition of other institutions or bodies for the performance of its functions. A regulation will determine its structure and operation.
SECTION forty shares of health in case of catastrophe Art. 184-disaster, epidemic or any other calamity serious like that may affect the health and the lives of the people, the Ministry will coordinate the following actions: to) immediate and comprehensive care of those affected;
(b) transfer to health care centres that warrant;
(c) enact the measures necessary for the maintenance of the basic sanitation services;
ch) issue and develop measures of prevention of epidemics; and,
(d) oversee the efficient implementation of its provisions.
Article 185.-any public or private health institution, must have an emergency plan in case of disaster, epidemic or any other general calamity. This plan must be approved by the national emergency Committee.
SECTION 40 and one action against alcohol, smoking and drugs to cause dependence Art. 186. the Ministry shall issue the necessary measures to prevent and to combat alcoholism and drug addiction through the following actions: to) programs of scientific guidance on the effects of drugs, alcohol and smoking, health and social relations of the individual. These programmes should develop preference in the schools, workplaces, communities, urban and rural; and, b) the promotion of cultural, civic and sports activities that contribute in the fight against the use of drugs, alcoholism and smoking.
In the execution of its activities which in a way will coordinate with public and private institutions or another relate to the problem.
Article 187.-stations of radio and television, film and similar display rooms, can only transmit or projecting propaganda of beers, wines and spirits and products made with tobacco, in those programs that are not aimed at a child audience.
For the purpose of this article are considered beverage of moderation by low content of 48 of alcohol, less than 5% to weight beers and prepared malt-based beverages and in such consideration the designated media may transmit or project without restrictions as regards the sponsorship programs or cultural, civic, sporting activities or social benefit.
Article 188-the control, treatment and detoxification of alcoholics and drug addicts, will be in public institutions designated by the Ministry and the private that are authorized by the Council.
Article 189.-the national and international tobacco industry is obliged to inform smokers that tobacco is harmful to your health. The warning must be printed on cigarette packs of tobacco products, thus: 1.-the legend must be on one side of the Pack.
2. the text should read: "Smoking is harmful to health" Ministry of public health and Social Welfare.
3. the size of the letters in the legend will be not less than 1.5 mm.
Article 190.-is prohibited possession of seeds, sowing, cultivation, harvest and introduction in national territory, of the various species of cannabis poppy, coca and other plants from which drugs or its derivatives may be drawn.
IT PROHIBITS SMOKING IN ALL PUBLIC INSTITUTIONS AND PUBLIC TRANSPORT VEHICLES. (8) section forty-two measures of protection against the radiation article 191 – the Ministry, by means of a regulation special issued the measures necessary aimed to the planning, regulation and surveillance of all and each a LAS activities that is made or is related with sources of radiation IONIZING, non-IONIZING and ultrasound, throughout SALVADORAN , SUCH AS: IMPORT, EXPORT, SALE, PURCHASE, TRANSFER, ACQUISITION, REPLENISHMENT, TRANSPORT, DISPOSAL, STORAGE, USE, PROCEDURE, MAINTENANCE AND PROTECTION. (2) Article 192.-the creation of the SALVADORAN Commission of radiological protection and ultrasound, composed of representatives designated by the Executive on the proposal of the Ministry organ. (2) THE COMMISSION IS AN AGENCY TECHNICAL THAT YOU ADVISE THE MINISTRY IN THE EXERCISE OF ALL THE POWERS CONFERRED UPON THEM IN THE PRECEDING ARTICLE. A REGULATION NORMARA THE STRUCTURE AND ACTIVITIES OF THIS COMMISSION. (2) section 40 and three assistance medical 49 article 193.-the Ministry as governing body and coordinator of all aspects of the nation's public health, will be through technical dependencies and its agencies, regional, departmental and local health, the functions and duties of medical and medico-social assistance, to ensure the proper recovery of the health of the sick.
Article 194.-for the purposes of the previous article, the Ministry will develop a national programme as part of the comprehensive plan of public health, to provide general and specialized medical services.
Article 195.-the Ministry shall establish general rules to coordinate and unify the procedures to be followed all public establishments of health care in order to avoid duplication and dispersal of efforts.
Article 196.-for the better development of the national programme of health care, the Ministry will coordinate all relevant activities that develop in the country, national, public, decentralized and private agencies and international, according to the national health plan.
Article 197.-the location, construction and installation of the establishments deprived of medical care, such as hospitals, clinics, polyclinics, hospitals, clinics sicoterapeuticas or other similar, will be under the respective building regulations and special rules to the Ministry in coordination with the Council agreed.
Article 198.-authorize the Ministry health facilities to accept the collaboration of the private sector, through the creation of boards of Trustees in accordance with the respective law.
SECTION forty and four assistance dentistry article 199.-the Ministry through its dependencies that have staff and necessary equipment, will give dental assistance to persons who request it, or that your state requires, and the misunderstood in the programmes of work according to the technical standards established. This assistance includes: to) treatment of pain due to dental causes;
(b) Elimination of infectious foci of dental origin;
(c) cases of oral surgery and prosthetic assistance; and ch) other attentions to the rules and instructions of the Ministry established.
Priority will be given to children and pregnant women.
SECTION forty and five assistance for the elderly and invalid indigent Art. 200 – the Ministry in accordance with their resources, and the respective norms provide assistance 50 to the elderly and the indigent disabled.
Article 201.-branch institutions provide such assistance will coordinate their activities to effect avoid service duplication and achieve an efficient system of reference.
Article 202.-for the better development of the programmes of assistance to the elderly and to the invalid indigent, the Ministry will coordinate the relevant activities of the national, public and private and international organizations.
SECTION forty and six assistance psychiatric art. 203.-the Ministry in accordance with their resources, and their respective rules in the health agencies determined, will give psychological and psychiatric care to patients who require it. This assistance will be home, ambulatory, or institutional and aim the treatment and control of diseases and mental.
SECTION forty and seven services physicians health care Public Art. 204-the Ministry will handle the welfare medical services public and private, established or to be established in the country, giving orientation deemed suitable and supervising the effective functioning.
Article 205.-the location, construction and installation of public and private institutions to give healthcare service to the Community referred to in the preceding article, shall have the prior approval of the Ministry.
SECTION forty and eight rehabilitation health Art. 206-the comprehensive rehabilitation is considered as the third stage within the individual service process and is fundamental to rescue the residual capacities of the invalid, to reintegrate it into its social and family environment.
Article 207.-the Ministry, through the SALVADORAN Institute of rehabilitation INTEGRAL, that this code is you hereinafter referred to as: "The Institute" will promote the establishment of centres of rehabilitation services for people with disabilities in the physical aspects, psychological, educational, professional and economic in order to integrate them as assets of the community members. (12) article 208-the Institute will operate as an autonomous institution, with capacity to contract rights and acquire obligations and intervening in trials. You can set up clinics, centers, or any kind of services related to the nature of its activities throughout the country.
Article 209.-Institute will have the following purposes.
51 a) detection of disability and prevention of the appearance of disabilities to through actions specific for health and education, based on studies EPIDEMIOLOGICAL LAS causes physical, psychic and social of the different limitations; (12) b) studying physical, psychological, vocational and SOCIAL of the person with disabilities, to rehabilitate it and incorporate it to the society's agreement to their capabilities waste; (12) c) the promotion and promotion of LAS activities aimed to LA rehabilitation INTEGRAL of LAS people with disability and the coordination of the cooperation of entities private and governmental in matter of your competition; (12) ch) LA creation of programs of rehabilitation that favor the attention all class of disability that limit the integration; (12) d) promoting the incorporation and limited people employment and professional integration;
(e) participation in associations, clubs or activities that pursue the same goals of the Institute as the manufacture of prostheses, orthoses and other orthopedic devices and any other activities that are for the benefit of the institution and the physical limited;
(f) coordination with other national or international organizations, activities carried out in the country, relative to the rehabilitation of disabled persons; and, g) the promotion of the formation of technical and professional resources at the college level, for effective teaching and research in rehabilitation;
IN THE DEVELOPMENT OF THIS CODE, SUCH ENTITY IS REFERRED TO AS SIMPLY "THE INSTITUTE". (12) in order to fulfill these purposes Institute will have departments, sections and units that is deemed necessary, and whose creation must be agreed upon by the Board of Directors, upon appropriate technical advice.
Article 210.-the Institute shall deal with the Executive branch through the Ministry. The governing bodies of the Institute will be to) the Board of Directors; ((b) the Presidency) and (c) the General management.
Institute advisory bodies are: the Council technical advisory, the Administrative Committee and the Education Committee.
Article 211.-the President of the Institute shall be appointed by the President of the Republic, on the proposal of the Minister of public health and Social Welfare.
The policy Board of the Institute shall be composed of nine directors, thus: 52 a) the President of the Institute, who will be Chairman of the Board: b) a representative of the Ministry of public health and Social Welfare;
(c) a representative of the Ministry of finance;
ch) a representative of the Ministry of labour and Social Welfare;
(d) a representative of the Ministry of education;
(e) a representative of the Ministry of planning and coordination of the economic and Social development;
(f) a representative of the National Association of private enterprise;
(g) a representative of the Fundación TELETÓN rehabilitation; and, h) a representative of the University of El Salvador.
Representatives of government institutions, shall be officials of the same and those of non-governmental, active members of them.
Article 212.-to be member of the Board of Directors is necessary: to) be Salvadoran;
(b) be more than thirty years of age;
(c) be of recognized morality; and ch) be in the exercise of the rights of citizens and have been in the five years prior to their appointment or election.
Article 213.-entities that appoint representatives to the Board of Directors shall also designate a substitute; who meet the same requirements as the owner and replace them when this, for whatever reason, may not play the position conferred or attend the meetings of Board of Directors.
The directors and their respective alternates will last two years and may be appointed for a period more. A director may be appointed to a third term when any demonstrated ability and dynamism in carrying out his office, in order to benefit from its experience at the service of the rehabilitation.
The members of the Board of Directors will receive for each session to attend the remuneration which fixed the wages Act.
Article 214.-each year the Board of Directors shall appoint from among its members a first and second Vice-Chairman, who shall replace the President in case of absence and will occupy the position in order of priority 53.
Article 215.-when a member of the Board of Directors, owners or alternate functions, were repeatedly sessions without just cause, in the opinion of the President, shall be communicated to the Ministry or entity that any named it for the purposes that it deems appropriate.
Article 216. powers of the Board of Directors are: to) dictate the policies and guidelines of the Institute and guide their management plans, programs and projects in coordination with the Ministry;
(b) develop and propose the draft regulations and submit them for consideration by the Executive Body in the field of public health, for approval;
(c) know and approve the draft budget of revenues and expenditures of the Institute that the General Manager, and consideration of the Ministry;
ch) to acknowledge and approve the memory and the corresponding annual report that must be filed by the General Manager;
(d) to appoint or remove, with reason General Manager, General Manager, Medical Director and the legal counsel, on the proposal of the President of the Institute;
(e) to appoint and remove the external Auditor and set their remuneration;
f) authorize purchases older than six thousand colones; and, g) the other functions conferred this code and its regulations.
Article 217.-the Board shall ordinarily session four times a month and extraordinarily whenever convened by the President or to request written three of its directors, at least.
In any case, the call will be in writing, and must express in ellas agenda to be treated.
The President of the Board of directors or the Vice President in his case, will open and will preside over the session and will promptly give them terminate, when there is no more issues that deal.
The Board of Directors can validly session will require the assistance of half plus one of its members and the decisions shall be taken by simple majority of votes. In the event of a tie, the President shall have the casting vote.
If the Board of Directors may not operate due to lack of quorum, are again summoned all managers for a new session, which will be held with directors attendance.
Between a call and another, must spend a period of twenty-four hours at least.
54 article 218.-when one of the Directors is not in accordance with the decisions taken at a meeting, may reason their dissatisfaction and ask that you are recorded in the respective minutes, and Secretary shall be obliged to provide it and will not disclose to third parties the issues discussed in the sessions, under penalty of incurring liability for the contravention.
Article 219.-the members of the Board of Directors are obliged to promptly attend meetings which were convened. Alternates may attend the meetings with voice but without vote, except when replacing the owner.
No member of the Board of Directors may intervene or known on own matters nor in those that directly or indirectly affect your spouse or relative within the fourth degree of consanguinity or second of affinity.
In these cases, the Member concerned shall communicate its impediment to the Board of directors or is excluded ex officio.
The decisions taken at the meeting of Board of Directors, will have value even if the quorum has been diminished by the withdrawal of any of its members. The agreements must be ratified at the next session.
Article 220.-the President of the Institute shall have the legal representation of the same in all sorts of matters.
In the exercise of this right may be on behalf of the Institute, acquiring all kinds of goods, furniture and real estate, rights and incur obligations; General and special powers may be granted and he may delegate the representation of the Institute in General Manager or any member of the prior authorization of the Board of Directors.
Article 221.-the General Manager will be the official in charge of managing resources and common business of the Institute and to comply with the agreements and resolutions of the Board of Directors.
The General Manager or the Deputy General Manager in the case, will be the Secretary of the Board of Directors and participate in the meetings of the same with voice but without vote.
Article 222.-to be General Manager, have to be El Salvador, well-known honesty and morality and knowledge of management and rehabilitation.
Article 223. are responsibilities of the General Manager: to) convene and attend as Secretary to the Board sessions;
b) execute agreements and regulations of the Board of Directors;
(c) to appoint, promote, remove, dismissal for serious misconduct, licenses, credit-default swaps and correct disciplinary staff of the Institute in accordance with the law. The appointment of staff will be the approval of the Chairman;
55 ch) submit to the Board the draft general budget of revenue and expenditure of the Institute, as well as the memory and the annual report of the work of the institution;
(d) authorize expenditures and purchases according to the General provisions of the budget law;
(e) convene meetings of advisory technical Council;
f) Deputy General delegate its powers as it deems appropriate;
(g) recommendations to the Board on standards and procedures to be followed in the Organization and development of the work of the Institute;
(h) direct, orient and coordinate the work of the staff in the administrative aspects, and check its efficiency;
(i) evaluate the results obtained by the different units of the Institute and make them the knowledge of the Board of Directors; and j) meet the other powers who considered him the laws and regulations and which are assigned or delegated by the Board of Directors.
Article 224.-the General Manager, who should meet the same requirements as the General Manager, shall perform all functions and commissions that may be entrusted to it by the Board of Directors and the that point to the internal regulation of the Institute and will temporarily replace the General Manager during his absence.
Article 225.-corresponds to the Medical Director, the planning, direction, supervision, coordination and assessment of the technical services of the Institute; in the aspects of rehabilitation, in order to achieve his goal.
Article 226.-to be Medical Director is required to be licensed for the professional practitioner.
Article 227. are duties of the Chief Medical Officer: to) prepare work programmes and make studies and technical research in aspects of rehabilitation in coordination with the General management and the Technical Advisory Council;
b) implement the policies of rehabilitation of the Institute, in its technical aspect;
(c) report to the General management, with respect to the implementation of the policies of the Institute, the results obtained, the needs of each centre and make the recommendations it considers necessary;
ch) Orient the General management in the selection of technical staff in aspects of rehabilitation;
56 d) advising senior management on the technical aspects of rehabilitation and education, in order to achieve a proper development of the services of the institution;
(e) attend the meetings of the Board of Directors as it is required;
f) coordinate the meetings of the Technical Advisory Board on the technical aspects of rehabilitation;
(g) advice to the planning unit for the preparation of technical projects;
(h) be part of the Scholarship Committee of the Institute; e, i) other attributions that are conferred or assigned by the Board of Directors.
Article 228.-Advisory Technical Council will be made by the General Manager, the Chief Medical Officer and the directors of the centres of rehabilitation, and it will be coordinated by the Medical Director.
SECTION forty and nine organization technique Art. 229.-for the activities the Institute in an efficient techniques, these are instruct, according to each specialty, the following units: to) Center of the locomotive, which cater to people who have disabilities physical of any of its members or related to the musculoskeletal system;
(b) rehabilitation centre for blind people, which cater to people who are blind or ambliopes;
(c) Centre for special education, which will serve people with intellectual decrease;
ch) Centre for hearing and language, which will serve people who have disorders of these functions;
(d) Centre for Cerebral Palsy, which cater to people affected by this condition;
(e) Centre of multiple people, that will serve children suffering from two or more people;
(f) care center for elderly "Sara Zaldívar" that cater especially to elderly people;
(g) rehabilitation of East-West Center; and, h) those other centers or services that the Institute might create in the future.
Each of the aforementioned centres will be led by a Director who meets the requirements described in article 231 of the code and which also must function according to 57 specialty Center.
Article 230.-centers mentioned in the previous article and that thereafter they create, shall be governed by regulations adopted by the Board of Directors.
Article 231.-to be Director of a rehabilitation centre need to be medical Salubrista or medical rehabilitation, except in the case that is will not tell you with this kind of professionals may appoint professionals with specialties related to health care objectives of the Centre.
Article 232.-are powers of the directors of the centres of rehabilitation: a) ensure the proper functioning of the Centre in charge, both in the technical part as administrative;
(b) drawing up the annual work plan of the Centre in charge, and present it to senior management within the first fifteen days of the year, according to guidelines to point you to this office; and, c) attend the meetings be convened them.
SECTION fifty heritage and financing article 233.-the heritage of the Institute will be formed: to) by the contribution of the State, who must subsidize it annually according to your needs;
(b) by movable or immovable property that any title acquired from the State, the municipalities, Government or private entities;
(c) by income from donations, legacies, bequests, or any title made by private individuals.
ch) by revenue from acts carried out by the Institute to raise funds, such as lotteries, shifts, subscriptions and any other lawfully carried out for the purposes indicated;
(d) by pensions that pagaren those who are in the process of rehabilitation and have chance to do so at the time of receiving care;
(e) income and revenues received for services rendered; and, f) by the international aid received by the Institute.
SECTION fifty and one 58 audit article 234.-the inspection and monitoring of the operations of the accounting will be in charge of an internal Auditor who shall exercise their functions in accordance with this code and its regulations.
Article 235.-the Internal Auditor shall submit to the Board of Directors through the General Manager, a quarterly report of accounting operations. The external Auditor will review and sign the balance sheet, the statement of revenue and expenditures and all accounting type frames which in his opinion warranted it.
Article 236.-the Institute shall be subject to the control of the Court of accounts of the Republic, who shall appoint a permanent delegate, which will aim to ensure that financial management conforms to the regime established by the law and other special regulations.
Article 237.-the Institute shall be exempt from all sorts of taxes, fees and tax and taxes established or established.
Article 238.-whenever a coalition of limited physical or any association having purposes related to rehabilitation, intends to obtain legal personality, prior to the approval of its statutes, the Ministry of the Interior or the office in whose charge is such approval, be sent to hear the opinion of the Institute.
The Institute shall keep a register of all institutions, councils, associations, services, programs and projects that are in the country, linked to the disability and rehabilitation of disabled persons and provide mechanisms for coordination and integration.
Article 239.-any association, Corporation, or foundation of public utility that receives State funds, private or international aid, in any capacity, which has manifested itself, which have been designed as an aid for handicapped persons, is obliged to Institute allowing inspection of its activities only to effect check that funds had been properly used for the purposes that were intended for.
The refusal of the entity involved to allow inspection of the Institute will be presumed embezzlement of their funds.
Article 240.-the boards that provide their services to the different centres of rehabilitation of the Institute, are subject to the rule established in the preceding article, without prejudice as set forth in the "law of the Board of Trustees of centers care".
Article 241.-the Institute will ensure the proper functioning and development of the sport of people who suffer from any physical limitation.
All Federation or organization at the national level that is set up in order to promote and regulate the sport of physical limited shall include on its Board of Directors to a representative of the Institute.
The Instituto Nacional of the sports of El Salvador, will not approve any Federation such that does not include in their statutes the provision referred to in the preceding paragraph, nor will do so without previously hearing 59 the opinion of the Institute.
The Institute has the power of organizing national or international games of limited physical and monitor the participation of national competitions held abroad, while the federations referred to in this article do not constitute.
SECTION fifty and two laboratories of health article 242 – the Ministry will have a system of support of health laboratories. Such a system will have a central laboratory which will: to) prepare some biological products useful prophylactic or curative and the quality control of those who produce other national or private laboratories or are they imported from abroad;
(b) prepare the rules and oversee the activities of the laboratories of local health agencies;
(c) to propose standards for the provision of equipment and materials from the laboratories of the regional and local health agencies;
ch) give training to staff in laboratories, according to dispose the Ministry;
(d) practice laboratory tests agreed the Ministry;
(e) carry out studies and research on national health problems; and, f) all other actions that the Ministry as it deems appropriate.
SECTION fifty-three health records and quality control (1) Art. 243.-all specialty pharmaceutical, foods use medical, and therapeutic, OFFICINAL devices or not to use human and cosmetics imported or manufactured in the country, will be subject to the quality CONTROL than by East code and its regulations are established, which will be carried out by the laboratory of quality CONTROL of the Ministry. A REGULATION WILL DETERMINE THE PROCEDURE TO BE FOLLOWED IN ORDER TO GUARANTEE THAT THE VERIFICATION OF THE QUALITY OF THE PRODUCTS, IS STILL PRACTICES APPROPRIATE SAMPLING, ANALYSIS AND QUALITY CONTROL, COMMONLY ACCEPTED. (1) (4) article 244.-the products referred to above, shall comply with the quality standards laid down in this code, the respective regulations and international standards, and must check its compliance with the corresponding analysis, which shall be carried out with the techniques and procedures.
60 article 245.-analyses will be purpose check if a certain chemical, pharmaceutical specialty, official pharmaceutics or not for human or veterinary use, medical and therapeutic devices, or cosmetics foods, have been produced or prepared fulfilling the required standards of quality, as if their composition corresponds to the formula that protects, in the amounts referred to in those the purity of its components, its therapeutic properties and their chemical activity.
Article 246.-the Council shall authorize the registration, manufacture, import and dispensing of pharmaceutical and SPECIALTIES pharmaceutical products of any nature that are imported or manufactured in the country, in final form, when they have fulfilled the requirements indicated in the present code and the respective regulations. (4) IN ORDER TO GRANT THE AUTHORIZATION WILL BE NECESSARY ALSO, AN ACADEMIC PHARMACIST REGISTERED IN THE COUNCIL IS OBLIGED TO RESPOND PROFESSIONALLY BY THE QUALITY OF THE PRODUCTS TO THE LEGAL BODIES. (1) (4) article 247.-the registration prior to the import, manufacture and sale of a pharmaceutical product for human use or veterinary, in exclusive and special packaging, can only occur when their analysis proves that it meets the quality requirements and others required by this code and its regulations.
Article 248.-you will also notice prescribed in the preceding article when you want to obtain authorization from any pharmaceutical or Officinal products for manufacture, import and dispense without the property mentioned in the preceding article.
FIFTY and four section of the Agency Manager of the Control of Art. 249.-El Control quality of products referred to in article 243 of this code, will be in charge of the Ministry.
Article 250.-Ministry must exercise CONTROL over quality of this code is you ENCOMIENDA in the following cases: to) at the request of the Health Council published in cases envisaged by this code and its regulations or when for any special circumstance that deemed necessary verify it with respect to a certain product; (B) A REQUEST OF ANY PERSON OR INSTITUTION INTERESTED; AND (C) EX OFFICIO EVERY FIVE YEARS AT LEAST WITH REGARD TO THE PRODUCTS MENTIONED IN THIS CODE THAT ARE ALREADY REGISTERED OR AUTHORIZED, OR BEFORE THE PERIOD WHEN DEEMED NECESSARY TO PROTECT THE HEALTH OF THE INHABITANTS. (4) second subparagraph repealed by D.L. No. 1008/12. (4) Article 251.-in the case of pharmaceutical specialities or Officinal products which contain narcotics, also the compliance with the requirements of the regulation of narcotic drugs shall be required.
Article 252.-if verified that the analysis finds that a product of those subject to the present 61 code does not meet the established quality standards constitutes a health hazard, or does not respond to the purpose for which it is offered to the public, the Ministry shall inform the respective Board and the Council to make this appropriate in accordance with this code and its regulations.
SECTION fifty-five of the Laboratorio de Control de Calidad Art. 253.-the laboratory shall be responsible practice all the analysis for quality CONTROL mentioned in the present code and its regulations and may propose to the respective Board or Council previous relevant studies that the effect must be the establishment of quality standards to which products should be held subject to this CONTROL , OR THE MODIFICATION OF EXISTING ONES, TO THOSE IF JUDGED IT CONVENIENT TO THEM MANDATORY. ((1) article 254.-the laboratory shall be responsible for developing, among others, the following activities: 1.) Check the identity, purity, safety, effectiveness and correspondence with the established standard of products subject to this code and its regulations;
2o.) check the physical, chemical, microbiological analysis, and special analysis;
3O.) prepare reports based on the results of the analyses carried out and send them to the respective Board and the Council;
4O.) design and implement monitoring systems that assure the quality of the registered products, laboratories, drug stores and PHARMACIES, such as established by article 243 of this code; (4) 5th.) Serve as Advisor in the development of standards of quality Control of the regulated products;
6.) investigate new and better methods of analysis; and 7.) CARRY OUT INSPECTIONS WHEN IT CONSIDERS IT NECESSARY, IN ORDER TO TAKE SAMPLES, PROCEED TO THEIR RESPECTIVE ANALYSIS AND GIVE THEM RELEVANT REPORTS TO THE COMPETENT AUTHORITY. (4) Article 255.-the laboratory will verify all the analyses referred to in the present code and its regulations and which are entrusted to him. Specifications that should cover products should be those laid down in the Salvadoran Pharmacopoeia or failing by the International Pharmacopoeia or from foreign countries which have been authorized and accepted by the Council, the Ministry or joints.
Article 256.-the laboratory to verify and evaluate the quality of the products subject to this code and regulations submitted by the respective Board, Council or the Ministry in the case of purchases made; WHERE THERE IS IMPOSSIBILITY OF CARRYING OUT THE ANALYSIS IN THE LABORATORY, THE MINISTRY DELEGATED THE COMPLETION OF A NATIONAL EXTERNAL LABORATORY ANALYSIS, PREFERABLY OF AN AUTONOMOUS INSTITUTION, PRIVATE 62 OR FOREIGN, BOTH PREVIOUSLY QUALIFIED FOR THE SAME REASON, BASED ON SCIENTIFIC AND TECHNICAL CAPACITY. (4) article 257.-laboratory will be formed by sections that establish the rules of procedure and will be equipped with necessary and appropriate machinery and equipment to the nature of their functions and will be under the technical direction of professionals chemical pharmaceutical ENROLLED in the respective Board who shall be selected by contest or opposition. THEY WERE ARMED WITH ENOUGH BUDGET AND STAFF ADMINISTRATIVE AND TECHNICIAN THAT MAY BE NECESSARY, TO ENSURE ITS PERMANENT AND NORMAL OPERATION. (4) article 258.-no member of the staff of the laboratory can perform the offices of Regent, head of quality Control, or another in any way intervene in the technical part of private laboratories or drugstores nor visitor medical functions.
Article 259-reports is surrender as appropriate to the respective Board, to the Council, the Ministry or interested individuals related to drugs or other products subject to registration or authorisation and must be based on the analysis conducted by the laboratory. (4) article 260.-the opinions rendered by the laboratory on the basis of the analysis presented, the new analysis may be requested for by the same laboratory; who may order a new analysis by an external laboratory specialized at the expense of the person concerned.
Article 261.-on the basis of the opinion, the laboratory may extend quality certificates to the party concerned.
Article 262.-all services that the laboratory caused rights in accordance with the fees that are established. PROHIBITS THE FREE PROVISION OF SERVICES BY THE LABORATORY, BUT MAY ESTABLISH FEES FOR CHARITIES PREFERENTIAL PUBLIC OR SOCIAL SERVICE ORGANIZATIONS. (4) WHEN IT IS CARRIED OUT ANALYSIS IN A LAB EXTERNAL, NATIONAL OR FOREIGN, THE INTERESTED PARTY WILL ASSUME THE RESPECTIVE COSTS, THE PAYMENT WILL BE IN ADVANCE, INCLUDING A SURCHARGE OF 25 PERCENT OF ITS VALUE IN THE CONCEPT OF PROCESS. (4) article 263.-rights and any other services that the laboratory analysis will be aware in the collections office to be determined by the respective payment order.
Article 264.-the Ministry shall be attached to the central laboratories, a special laboratory of food science; When the needs demand you may establish and maintain such laboratories in the regional bureaux or other health agencies; You must maintain efficient running dependencies laboratories promoting activities to improve and expand them.
SECTION fifty and six statistics of health 63 Art. 265-the Ministry shall be responsible, in collaboration with other public, autonomous and municipal agencies and without prejudice to the activities of them, collection, classification, tabulation, interpretation, analysis and publication of bio-demographic data on population, birth rate, morbidity, mortality and others who believeth suitable; the same thing with regard to the activities of the bodies of public and private health, and all information that may have some impact on the actions of promotion, protection and recovery of health and rehabilitation. Perform addition: statistical analysis of the work of public health agencies to evaluate the outcome of the fulfilled tasks.
Article 266.-all persons, natural or legal, public or private, shall be obliged to provide to the Ministry, within the time limit set by this, all the information requested to complete their statistics.
Article 267.-the Ministry will coordinate its actions with the General Directorate of statistics and censuses and statistical information required to complete your records will be mutually supplied.
Article 268.-all death in any public or private health facility, will be certified according to the international statistical classification of diseases, injuries and causes of death, during the first twenty-four to seventy-two hours.
Article 269.-the data that the Ministry has to collect, classify, tabulate, analyze, interpret and publish, will be detailed in a special regulation.
SECTION fifty and seven Services administrative general article 270 – the Ministry and all its dependencies in the country, for the efficient performance of its functions, have the administrative organization agreed in the respective regulations.
SECTION fifty and eight training and training of personnel article 271.-the Ministry of public health and Social Welfare, will keep alive interest because dependencies staff remains constantly informed of developments in the medical and health sciences which fall to the performance of their respective functions; to which will regularly organize training courses and scientific meetings, you will be provided and will promote the dissemination of teachings sanitary and medical, through newsletters or magazines.
Article 272 – the Ministry to form and train the staff of its dependencies, is responsible for: a) health training schools;
(b) courses for nursing assistants; and, c) establishments and courses it deems necessary.
It will stimulate the formation of the health professionals and their assistants and collaborate with 64 respective educational establishments of other ministries and other national and international organizations, within their legal, regulatory and financial possibilities.
Article 273.-Yes or in collaboration with other national and international organizations, the Ministry will develop courses and workshops for the training of public health personnel, it also will manage and provide scholarships for study, practice and observation for such personnel.
SECTION fifty and nine relations public and international art. 274-the Ministry a suitable program of public relations in order to create and strengthen relationships with members of the professions related to health and with the elements of the community, to achieve understanding of the actions of health agencies and develop a growing collaboration and respect for those agencies will stay permanent.
Article 275.-the Ministry shall advise the Executive Branch on health issues concerning immigration and regarding hygiene and sanitation companies of international, air, sea or land transport within the territory of the country must be secured to.
Article 276.-the Ministry duly authorized by the Executive Body in the corresponding fields; You can promote international conferences on health, go through representatives stating to the effect.
Article 277.-the Ministry will be involved in the study and approval of all treaties, agreements or international agreements related to health.
Title III of the infractions, sanctions, jurisdiction and procedures Chapter I of infringements and sanctions article 278-offence against health is any act or omission that violates the provisions, prohibitions and obligations established in the present code and its regulations.
Article 279-violations of the provisions of this code and its regulations, are classified into three categories: serious, less severe and mild.
Article 280.-shall be punished with private oral reprimand, health professionals and owners of establishments who commit minor offences laid down in the Art.286 of this code and their respective regulations.
If within the term of one month of the first penalty, the offender is shown another mild violation, the admonishment shall be in writing.
Art. 281.-when the lack of those set out in article 285, of this code or is less serious misconduct provisions of the respective regulations, will be imposed to the offender the penalty of fine.
65. Article 282.-will be punished with suspension in professional practice, health care professionals who commit the offences set forth in article 284 of this code or a serious offence established in the respective regulations.
Article 283.-owners and professionals responsible for establishments related to health, who commit the offences set forth in article 284 of this code and serious offences laid down in the respective regulations, will be punished with the closure or closure of the establishment.
Article 284-constitute serious offences against health: 1) and cause damage, temporary or permanent disability, or the death of a person by mistake, negligence, incompetence, inexcusable neglect or malice in the exercise of their profession;
(2) the disclosure of professional secrecy laid down in the Arts. 37 and 38 of this code;
(3) do not apply appropriate treatment to keep dormant any disease or condition for the purpose of obtaining permanent fees of their patients;
(4) indicate, or proceed to the surgical procedure in cases in which to obtain the restoration of the health of the patient through medication;
(5) sell, give or distribute substances or drugs dangerous to health; as well as using harmful substances in the manufacture of products intended for public consumption;
(6) failure to comply with the measures taken by the relevant authorities, aimed at preventing contamination of the environment that may harm the life or health of persons;
(7) prescribe enervantes, narcotic or hallucinogenic drug out the cases indicated by the therapeutic or dose obviously higher than necessary;
(8) download solid waste or liquids of domestic or industrial origin in the natural beds of rivers, lakes and other similar, without permission;
(9) do not comply with the orders of the Ministry in which determine wastewater treatment or the construction of adequate facilities for the disposal of excreta;
(10) use water for the cultivation of food plants;
(11) alter, contaminate, falsify, poison and corrupt food intended for public consumption;
(12) use raw materials, products or by-products containing substances decomposed, toxic or strange;
(13) not to report to the Ministry the emergence of notifiable diseases;
(66 14) the purchase of blood for profit, the sale of which has been donated or practice of plasma exchange, and export of blood, plasma or its derivatives;
(15) not to serve in professional, technical, or auxiliary; When they are required and negative found severe damage to the health of persons or the community without just cause;
(16) the notoriously immoral conduct observed in the place where he exercises his profession;
(17) to facilitate and provide his name to persons not authorized to the exercise of the respective profession;
(18) establish cemeteries or establishments engaged in the deposit; preparation and preservation of corpses and human remains at sites that build danger to the health or well-being of the community;
(19) establish homes mortuary or funeral without the authorization of the Ministry of public health and Social Welfare;
(20) the infringement of articles 69, 87, 105, 141 of this code;
(21) do not get permission from the Ministry for the installation and operation of canneries, markets, supermarkets, fairs, slaughter houses, shops selling food and beverages, bakery, greengrocer, dairies, confectioneries, cafes, restaurants, hotels, motels, kitchens of boarding schools and others;
(22) all actions or omissions of the same nature or analogues that they contravene the provisions of this code and the respective regulations; (and, * declared unconstitutional 23) any violation to the provisions and prohibitions established in the section Nineteen of this code. ((7) Article 285.-are less serious health violations: 1) issue certificates, records, reports and other false documents about the State of health or causes of death of a person;
(2) sign certificates, records, reports and reports prepared by third parties without having examined or witnessed the facts contained in such documents;
(3) obtaining direct economic benefits of the owners of laboratories clinical, biological, radiological cabinets, pharmacies, drug stores and other establishments in which exercise techniques auxiliary and complementary activities of their respective professions for the services that give their patients;
(4) to dispense medicinal substances in species, not corresponding to the 67 medical or different recipe on the declared or quality or quantity that has already lost its therapeutic efficacy; esto it appears serious harm to health or causes death will become a serious offense;
(5) advertise or apply harmless drugs, attributing them therapeutic action;
(6) advertise specifications of any equipment or instruments that induce to deception;
(7) delegate to his personal assistant, powers, functions or duties of his profession;
(8) disobeying or breaking the anti-discriminatory provisions of health authorities, on acts mandating a do or omit to achieve the proper maintenance of the service of drinking water in rural areas;
(9) to cut or suspend the service of drinking water in the towns, rural settlements or to natural persons;
(10) throw garbage or other waste harmful for health in public roads, parks, public and private land and not authorized for that purpose;
(11) set up in urban areas, stables, swine husbandry, poultry or any other breeding or keeping of animals;
(12) no change; repair or demolish partially or totally, the dwellings, buildings or constructions, when this has been ordained by the Ministry;
(13) do not comply with health standards in food or activities related to these operations;
(14) do not undergo clinical examinations to devote to food handling and not carry corresponding receipts;
(15) to install or modify an establishment for processing foods without the respective license;
(16) to prevent the entry and inspection by the delegates of the Ministry;
(17) to prevent the taking of samples or species that are required by the delegates of the Ministry;
(18) prevent delegates of the Ministry that take samples of food that may be necessary;
(19) sneak into the country, food products that do not have registration in the appropriate register;
(20) making false propaganda about the qualities of foods or products and to induce to error or deception to the public about such qualities;
(68 21) does not comply with the recommendations that the authorities of health, hygiene of the processing; quality raw materials used and products that are manufactured;
(22) no comply with the insulation, quarantine; treatment or observations that establish the Ministry;
(23) failure to comply with the provisions of the Pan American Sanitary code and its regulations and other international agreements;
(24) not obtain prior authorization from the Ministry for the installation and operation of the establishments referred to in article % one of the present code;
(25) not obtain authorization from the Ministry of construction, installation and operation referred to in article 97;
(26) prevent or hinder the inspection ordered by the Council in clinics, clinics, clinical laboratories, work centers, places or premises where exercised professions or positions related to health;
(27) to exercise acts that are not specific to the exercise of their profession; by the Regents of pharmacies or loaded with the sale of medicines;
(28) the production and distribution of medicated products and beauty, without the respective registration as well as contamination, tampering or falsification of related articles;
(29) does not provide the Ministry reports requested by it within the time limit provided for them;
(30) omit the serologic test for syphilis in pregnant women research;
(31) making propaganda of pharmaceutical products not approved by the Superior Council of public health or in contravention of the provisions of this code and the respective regulations;
(32) send to prepare the seal of professional or a settlement without the authorization of the respective Board or the Council;
(33) the manufacturers, who develop a professional seal; without that present it the written authorization of the respective Board or the Council;
(34) reveal the secrets of the resolutions taken at sessions of Board of directors or health-related collegiate bodies;
(35) the infringement to articles 68, 70 and 157 of this code; and, 36) all actions or omissions of the same kind or similar to 69 to contravene provisions of this code and the respective regulations. (* Declared unconstitutional article 286.-constitute minor offences as follows: to) failure to comply with the duty established by the Council;
(b) report to the respective Board, certificates issued by the universities;
(c) not kept clean buildings or premises; in accordance with the instructions of the health authorities;
ch) not get permission from the Ministry to devote himself to the control of insects and rodents;
(d) engage in handling and dispensing of food and beverages when she is suffering from communicable diseases or carrier of pathogens;
(e) roofing the areas destined for lighting or ventilation, without the authorization of the Ministry; and, f) all actions or omissions of the same kind or similar that they contravene the provisions of this code and their respective regulations. (* Sanctions declared unconstitutional article 287.-the discipline that they will be imposed to those who commit the offences referred to in the preceding articles are as follows: to) private oral reprimand;
b) written reprimand;
(c) fine of thousand to one hundred thousand colones, depending on the seriousness of the offence;
ch) Suspension in professional practice, from one month to five years; and,
(d) temporary closure since a month until the definitive closure of the establishment.
In case of recidivism; the top immediate sanction will be applied. The competent authority will impose on offenders to their reasonable judgment and according to the greater or lesser gravity of the offence, the sanctions listed in previous; literals adjusting the amount of the fine and the term professional suspension or closure of the establishment, taking into account the economic capacity of the offender and the significance of the infringement to the detriment of society.
When fines are not cancelled within the period laid down in the judgment, certification of the record thereof, shall have executive force for the purpose of prosecution.
Article 288.-responsibility referred to by this code, is of a professional nature, 70 independent of civil or criminal liability arising out of offences committed. Consequently the competent health authority shall not be obliged to wait for the results of any criminal prosecution that is directing as a result of the offence to issue its ruling.
When the facts investigated by the competent health authority, it appears a crime by Commission or omission; These agencies must do so in the knowledge of the judicial authorities by means of written notice; for to begin the instruction. Also when a court instruyere information against a professional of subject to this code and its regulations: shall inform the respective administrative authority.
The judgements handed down by the Council, Ministry or joints will not have effect on criminal, but the convictions of the courts, will have full effect for these organisms to deliver hers, when the previous resolution is an acquittal.
The auxiliary agencies of the administration of Justice and other authorities are obliged to give support and cooperation to the Council, Ministry and joints, for effectiveness in the execution of the judgements handed down by these bodies.
She is decomisarán raw materials, products, instruments, materials, objects, equipment and devices, which have been used or may arise from the infringement, unless you belong to a not responsible third party. When the apprehended is not fair trade, the competent authority shall retain it even if it appears to be a third party.
Chapter II competition and procedure section one competition Art. 289.-Council, boards and the Ministry; They shall know of violations that contravene the provisions of this code and its regulations and any other offences against public health.
Article 290.-the Council shall be competent to learn in the first instance of violations that complete you by this code and its regulations and in the second instance of the decisions pronounced by the boards and the Ministry.
Article 291.-Las Juntas will meet in the first instance for offences committed in violation of this code and the respective regulations.
Article 292.-the Ministry of public health and its dependencies will meet in the first instance of contraventions to the offences that compete you in accordance with this code and its regulations and in the second instance of the resolutions of its dependencies.
SECTION two procedures 71 Art. 293.-the penalties provided under this title shall be conducted in summary form.
Article 294.-everyone has the right to denounce any violation referred to in this code and in the respective regulations.
Article 295.-professional who is instruyere information is obliged to personally attend to give his statement.
His absence shall be taken as a presumption of guilt; whenever not check a fair reason for impairment.
Article 296-of the final judgements pronounced by the boards and the Ministry will accept appeal for the Council, within a period of three days following the notification. If not requires judgment in review proceedings will be sent to the Council with notice of interested parties at the latest within three days of notification.
Art. 297.-when the sanctions were imposed by delegates of the Ministry, if it is not apelare the resolution, these shall send respective proceedings in review to the Regional Health Office within a period of fifteen days.
When sanctions were imposed by the heads of health establishments, if it is not apelare the resolution, these shall send the respective proceedings within five business days subsequent to the Regional Director of health.
When were the sanctions imposed by the Regional Director of health; If you do not apelare of its resolution, this should send them within five working days; subsequent to the General direction of health.
Chapter III resources section one resource of rectification article 298. of the decisions pronounced by the delegates of the local Ministry, by the head of health establishments, by the Regional Director of health, may be brought within a period of fifteen days from the notification, remedy of rectification, the General direction of health or the respective Regional Bureau following the fatal which without any formality shall refer the proceedings to the General direction of health.
The application has been received, DG, you dictate into third day, Providence in which will decide on the admissibility of the action, and admitted this, will deliver the judgment that corresponds. This resource will be both in what favours in what harm in order to establish the truth about the disputed fact. * DECLARED unconstitutional section two 72 resources of complaint article 299.-against the Providence that deny the admission of the remedy of rectification, it will proceed to the remedy of complaint to the Ministry of public health and Social Welfare.
The application of the remedy of complaint and a copy of it in simple paper, must be brought within the fatal end of ten days from the following the notification of the contested Providence; in the Directorate-General or the respective Regional Bureau of health, which in their case, without any formality, send the original to the Ministry of public health and Social Welfare. In the same way the Regional Health Directorate, in its case will forward the copy to the General direction of health.
The Ministry will ask within twenty-four hours; report with justification to the Directorate-General; except that the simple reading of the application, appear the illegality of it.
Upon receipt of the General direction of health, the copy of the application, and within twenty-four hours of required by the Ministry of public health and Social assistance; It will send the report with justification and insertions that deems necessary.
Received the report; the Minister of public health and Social assistance, as part of third day, resolve if the General direction of health, should or not to admit the remedy of complaint, in this case and in the third paragraph the resolution that dictates will be communicated to the General direction of health for their compliance.
SECTION three resource of appeal article 300.-If the offender it not is in accordance with the judgement that it is issued in the remedy of rectification; may be brought within the fatal end of 15 days counted from the day following the notification, to appeal to the Minister of public health and Social Welfare.
The appeal request must be presented to the General direction of health or Regional address of respective health, which immediately and without any formality, may refer to the General direction of health.
The General direction of health allowed appeal in both effects, will place the plaintiff, so it brought before the Ministry of public health and Social assistance, to make use of their rights, and forward the original to the mentioned cars Ministry, can however, before sending them certify passages which it deems appropriate, to facilitate the performance of its functions.
SECTION four resource of fact article 301-against Providence it that deny the admission of the appeal, shall be the resource indeed for the Council which will be processed in accordance with the rules of the common law in what does not contradict the provisions of this code.
Article 302.-decisions that resolve the appeals and resolutions which are not appealed in the designated terms, shall be taken by definitive and ejecutoriados.
73 article 303.-when the sanction imposed is that of suspension in professional practice; temporary closure or decommissioning of an establishment, the offender will be enabled for the exercise of its activities, at the end of the term of the imposed punishment, when you check have corrected the corresponding violation.
SECTION five valuation of the test article 304-is recognised as evidence the following: to) public, private, and authentic documents authenticated and certified by notary;
(b) the inspection, recognition and registration made by the competent health authority;
(c) the opinions of physicians or technicians appointed by the health authorities;
ch) results of laboratory tests and any other scientific means auxiliary;
(d) the depositions of witnesses;
(e) the presumptions or indications; and, f) confession.
Article 305.-the tests presented by those who infringe the provisions of this code and its regulations, will be appreciated by the authority of respective health, according to the rules of healthy criticism in relation to other evidence tending to establish the circumstances of place, time and the person to which they relate.
When the appreciation of the evidence to judge the conduct of health professionals will be enough, the moral strength of evidence to impose the suspension of professional practice.
Chapter IV procedure for the authorization of the exercise professional article 306.-to obtain the authorization of the practice the person concerned must apply to the respective Board on sealed paper of lower value which must contain the following information: a) names and surnames, age, address, exact address and three photographs of the applicant;
(b) the country); University; School; Faculty or Institute, and date that earned the title;
(c) indicate whether the authorization request is permanent, temporary, or provisional; and ch) oath of submit and comply with the provisions of this code, its regulations 74 and all existing and future laws related to health.
The application is should be accompanied by the following documents: to) certification of the certificate of birth or the supplementary document of their marital status;
(b) certification of naturalization if judgment;
(c) certification of the resolution of the Ministry of the Interior; granting the residence, if he is foreign;
ch) Original and photocopy of the title academic of the University, school or Institute which I attended;
(d) evidence of being incorporated into the University of El Salvador or the authorization of the Council in the case of the fourth paragraph of article 5 of this code;
(e) record or certificate of the center of studies where appropriate; the title obtained it fulfilling the requirements established in the laws of the country where you obtained it; If esto be abroad;
(f) evidence of having fulfilled the Social Service in the country, in accordance with the respective regulations;
(g) certificate of competency, issued by a professional registered in the respective Board, case assistants and dental mechanics; and, h) receipt of payment of the respective rights;
Foreigners, in addition to complying with the above requirements, must be satisfied that in the country where they obtained the title, Salvadorans or graduates in El Salvador, they can practise in similar circumstances.
Article 307.-presented the request, the Chairman of the respective Board, allowed it to receive the accompanying documents and undergo the same knowledge, so that at the next session it resolved on the requested authorization.
The respective Board to grant the authorization can track information and ask the person concerned the tests necessary, and with the result obtained will resolve within a period of sixty days from the date of filing of the application authorizing or not to the person concerned for the exercise of the profession.
Article 308.-granted the authorization, the respective Board take a decision resolution ordering the registration of the applicant in the register book of professionals carrying for this purpose, indicating the assigned number.
The Secretariat of the respective Board; sink to the corresponding registration book, registration, 75
of the applicant, where you score the number of registration, name and surname, place and date of birth, nationality, domicile and residence, number of personal identity, place and date of issue of the document, date of inscription and signature of the registered, specifying whether the authorization is permanent, provisional or temporary. In the registration will be the photograph of the Registrant and this seat will be signed by the Chairman and Secretary of the Board.
Article 309.-verified registration, the respective Board, shall issue to the registered, a certificate that should be placed in conspicuous of its professional office and an identification card signed by the President and Secretary of the Board and by the registered, professional, containing names and surnames, profession, activity, and photography of the registered, number, date of registration and the period of the authorization. In case of loss or deterioration, such documents may replace a written request of the person concerned, upon payment of the corresponding rights, stating therein that it is a replacement.
Article 310.-each of the boards of related professions in article 5 of this code, shall publish at least once a year, in the Gazette and in one the largest circulation in the country, the list by alphabetical order, technical professionals, auxiliaries, hygienists or assistants of the respective profession registered and authorized to exercise.
The Payroll will be increased by special agreements regarding that henceforth comply with the requirements to exercise, which will be published.
Registered once the person concerned may not be excluded from payroll if it is not by the respective Board resolution.
When a professional, technician, Assistant, hygienist and Assistant, registered and authorized whose name has been omitted on the payroll, it may request the respective Board, that his name should be included in the same.
Article 311.-the institutions of the State or private companies wishing to hire professionals, technicians, auxiliaries, hygienists and assistants are foreign, they must obtain authorization from the respective Board, presenting the request with the data and requirements set out in article three hundred six of this code.
Before granting the authorization or renewal the respective Board will previously check the need for recruitment.
Article 312.-in cases designated by the Council to a Board to control the exercise of professional activities directly related to health, whose studies do not exist in universities legally established in the country, shall apply the provisions of this code and the respective regulations. For the registration of these professionals, technicians, assistants, hygienists and assistants will be registers for each of the activities.
Article 313.-the respective Board will be responsible for investigating the conduct of professionals related to the health, who shall dealt with information through the President, being able to take statements, order citations and deliver the corresponding obituaries.
Carry out the registration and registration of professionals in your field and authorize them corresponding seal corresponds to the respective Board, shall be responsible to the Council, make the register of health establishments, as well as give the authorization for the elaboration of respective seal.
76 professionals and establishments related to health, must have a stamp of rectangular shape that will take in the Centre of professional or establishment name, preceded by the mention of the academic title in its case, which may be shortened and the bottom kind of title, and the registration number, which will be under his signature or that of the representative of the establishment. Such seal shall be in duplicate.
Both the signature of the professional or the owner or representative of the establishment as the official seal, must be recorded in a special book intended for such purpose, that will take the Council and respective boards, as the case may be.
Seals manufacturers may not make any professional or health-related settlement, while not present written authorization of the Secretary of the Board or Council. Breach of this provision shall incur the offender a fine of five thousand colons, that will be imposed upon him by the Board or the Council informed; According to the case.
In case of replacement of the seal of a professional or related by loss or health establishment, the respective Secretary may authorize the manufacture of another, upon payment of the amount of twenty-five colones.
In cases of deterioration, professional or facility related to health, to apply for the new seal; You must return the former to the Council or to the respective Board.
Article 314.-Las Juntas respective they will suspend or cancel authorisations for the exercise of the professional and technical, auxiliaries, hygienists and assistants activities in the following cases: to) when it is found that the documents for the application for the authorization may be false or fraudulent, or has obtained without complying with the legal requirements;
(b) in cases of breach of the obligations and prohibitions laid down in articles 33 and 35 of this code;
(c) in the case of duly proven immorality or professional incapacity;
ch) at the end of the period of temporary or provisional authorization;
(d) for invalidity preventing the exercise of his profession or duration of the disability;
(e) when was decree remand by accusing him any of the offences covered by articles 220, 257, 300, 301, 302, 303 and 304 of the Penal Code, duration of pre-trial detention or the sentence in his case; and, f) are when sanctioned by the serious and less serious failures referred to in articles 284 and 285 of this code.
Chapter V form of proceed 77 Art. 315.-the procedures for the investigation of offences against health and imposition of sanctions will be initiated ex officio, without prejudice to complaints or notices that also individuals may be made, in accordance with this code and its regulations.
Article 316.-the competent authority will open including record having knowledge, by any means, having committed any offence against health, ordering in the Act first proceedings leading to verification of the fact and of those responsible; and in any case, be taken preventive measures appropriate in order to protect health.
First steps are indispensable and urgent inquiries which not must differ for the checking of the infringement; by the middle and form its nature requires and the discovery of the offenders.
If previous proceedings practice violation is presumed by Commission or omission can enact preventive measures which in the opinion of the health authority should be applied in each case.
Article 317.-for the handling of proceedings to that referred to in this chapter administrative health authority shall designate the employee who must deal with it as a Secretary when the competent body not any who will be under their care record, will receive the writings noting the time and date of your presentation and will notice to the authority of the pending resolutions , deadlines and notifications that must be practiced.
Records will form the chronological order of the proceedings, will be identified with the registration number must be carried in the office for the purposes of supervision. They will be numbered and kept by the Secretary's actions. Instrumental tests will add original and may only be split before their reasoning or reset by properly confronted or certified notarized photocopies or copies.
Article 318.-the performances of the Authority's administrative health in this field may include: to) in resolutions of mere formality or definitive character; and, (b)) in the practice of proceedings as inspections; statements and similar; which must be recorded in the minutes.
Article 319.-resolutions will first indicate the name of the office that gave them; the hour; day; month and year in which handed down; and the punishment of the authority; with a pithy relationship of the reason of it; expressing if applicable laws; they will conclude with the signatures of the authority and the respective Secretary.
The minutes shall contain the place where is practised the diligence with an indication of the time and date, the constituted authority and the names of the other mourners. the object of the diligence and if it is in compliance with a previous resolution also will mention them; then shall contain the result obtained with diligence, expressing themselves with due care the circumstances that are relevant and will be closed with the signatures of the authority the Secretary and other mourners, if they wished and may.
78. the statements of witnesses inspections and other proceedings that require it will be through records that must comply with the requirements which are expressed in the previous paragraph.
Article 320.-notifications may be made by the Secretary by the delegate of the Ministry or the notifier designated; but in the office you can so the health authority that is knowing.
Out of office notifications will be made in the home or place of work of the person who should be notified, or anywhere where it is and practice by notice in duplicate containing a succinct of Providence decreed relationship. The original note will be left to the person concerned and the duplicate thereof is added to the record.
Citations will be made always with an indication of at least two working days in advance of the date of the hearing, unless for reasons of urgency or because it will qualify the health authority citation term should be smaller.
When a person not appearance to the authority which the Secretary has cited the reason for such circumstances will sign it and will give account to the authority which practice proceedings.
Article 321.-the summons shall contain: a) name of the authority making the citation; date of this and your signature;
(b) name and surname of the person who should be cited;
(c) subject to citation;
ch) place; time and date where should attend the aforementioned; and, (d) the indication that it is compulsory to attend the appeal; under penalty of sanctions applicable when appropriate as well.
Article 322-the opinions or reports will be made in writing to the expert or experts; the head of the respective establishment of health; the health delegate; He will conduct the authority who has ordained the diligence or should submit that report.
Article 323.-when he is has ordered the closure of an establishment, or for infringement against health; This will take place when the resolution which enjoin it is firm. For this purpose; (the executor shall proceed as follows: to) will make known to the offender; your legal representative or Manager for any title of the establishment or business; the reason for their presence; requiring its contest for the realization of the diligence and warning you of the responsibilities that will incur in case of opposition.
(b) it shall request the assistance of the security forces; who is obliged to provide it; and may the offender be consigned to a competent court that 79 liabilities which it has incurred; are you deducted
c) be placed on all objects which enjoin the resolution and seals on doors and reach to the establishment or business places;
ch) will warn; the offender or his legal representative; the responsibilities that would incur in case of violating placed seals; and, (d) official minutes of diligence; You must subscribe and add to the record; by delivering a copy to the interested party or his legal representative if present.
Article 324.-any resolution that it is rendered will be drawn as many copies as people are to be notified; plus one for the file of the unit, which will be used to replace any file in case of loss or deterioration.
Article 325.-the terms established by this code shall be extendable when proven cause, force majeure or unforeseen circumstances.
Chapter VI of the report and article 326.-notice anyone over sixteen-year-old who becomes injured by an offence against health, witnesses it or have knowledge of frasaco, may denounce it before the competent health authority; also, legal representatives, tutors or curators can allegations concerned, when these represent societies, minor or incapable.
Officials or technical employees of the Ministry who by reason of their positions presenciaren or have knowledge of a breach by Commission or omission against health, are obliged to inform immediately the competent health authority; If they are not it. Failure to do so or not to initiate the procedure, if any, may be sanctioned, following the procedures established by the law on the Civil Service.
It is presumed that he has witnessed or had knowledge of the infringement by the officer or employee; When is this committed in own dependence or agency in which such officer or employee serves. It shall constitute proof of knowledge; If you constare in obvious that another person previously reported to you the fact or gave notice of it, having spent a day unless the officer or employee in turn has brought to the knowledge of this fact to the appropriate authority or has not started the informative.
Article 327.-the complaint may be submitted in writing or verbally. The complaint that is made in writing must be signed by the complainant or other person to his plea if he not majordomo or you may do it; and it will be immediately ratified the authority of competent health who received it.
When the complaint is verbal you will receive through Act which, in the form of statement, expressed by the complainant in relation to the reported fact and the offender, will settle in your case, and must sign the Act the complainant; If you majordomo or threatened.
80. the health authority that received the verbal or written complaint shall state the identity of the person of the complainant by means of the respective document.
Article 328.-written complaint should contain; (as soon as possible: to) the relationship of the circumstantial fact, with expression of the place, time, and mode as it was perpetrated;
(b) the name of the offender or offenders and other participants, as well as those of people who can provide the fact or may have knowledge of its perpetration; and, c) all indications and other circumstances that may lead to the reported fact checking.
Chapter VII section one provisions complementary Art. 329.-the Executive Body, shall issue regulations that are necessary for the development and application of the rules of this code.
Article 330.-in the proceedings, processes and other proceedings that are pending on the date entry into force the present code; they will continue to apply them laws and regulations in force at the time in which they were initiated.
Article 331.-for all types of proceedings which must be processed in accordance with the requirements of this code; sealed paper of the lowest value will be used.
Article 332.-when she is destruyeren, deterioraren or extraviaren proceedings or processes to be followed before the authorities of public health and Social Welfare shall replace them based on the copies filed by the same authorities to whom such proceedings; actions or processes are following.
For the only effect of provisions of the previous paragraph, the respective health authorities, will draw by any means of reproduction copy of the main passages in which any necessary unless corresponding resolutions, copies that will be sealed, stamped and archived can be omitted. Such copies will make times proceedings, actions or original processes and where appropriate, will have the courage to those.
Article 333.-in everything that has not been provided in the present Code shall apply the civil procedural rules, where they is not contrary to the nature of the administrative action. In regards to decisions or resolutions to be taken the relevant health authorities and which are not expressly provided for in this code, own health standards or those of ethics apply in your case, as also of doctrines that may be applicable.
Article 334.-professionals or establishments related to health; given the 81 period of ninety days from the entry into force of this code; to register your signature and seal in the respective Board and the stamp of the establishment and signature of the owner or legal representative on the Council.
SECTION two rights and services article 335.-the collection rights for services and licenses, will be subject to a regulation.
Chapter VIII entry into force article 336.-the provisions contained in the internal regulation of the Superior Council of public health, the regulation internal from the Board's monitoring of the profession pharmaceutical, the law of Social Service for students graduated from the Faculty of chemistry and pharmacy, the regulation for agents travelers sellers and chemical products and medicines, regulation of proprietary medicinal the regulation of Officinal pharmaceutical products, the regulation of narcotic drugs, the law on the consumption of ethanol for industrial uses, the regulation of pharmaceutical preparations and industrial Hydroalcoholic that can develop in the administrations of incomes of the Republic. Faculty law for professional responsibility in two pharmaceutical establishments, the regulation internal from the Board of surveillance of the profession dental, and all his reforms will continue to apply until the laws and respective regulations, issued in what does not contradict this code.
Article 337.-This code shall apply with preference to any law related matter.
National, regional and local health authorities; they should coordinate with the respective municipalities, the implementation of the plans of work to avoid the creation of parallel services, duplication of services or contradiction of the activities to be carried out concurrently.
Article 338.-This code will go into effect eight days after its publication in the official journal.
GIVEN in the blue room of the Legislative Palace: San Salvador, twenty-eight days of the month of April in the year one thousand nine hundred and eighty-eight.
GUILLERMO ANTONIO GUEVARA LACAYO, PRESIDENT.
ALFONSO ARISTIDES ALVARENGA, HUGO ROBERTO CARRILLO CORLETO, VICE PRESIDENT. VICE PRESIDENT.
PEDRO ALBERTO HERNANDEZ PORTILLO, SECRETARY.
POSADA JOSE HUMBERTO SANCHEZ, RAFAEL MORAN CASTAÑEDA, SECRETARY. SECRETARY.
82. RUBEN ORELLANA MENDOZA, SECRETARY.
Presidential House: San Salvador, eleven days after the month of may of the year one thousand nine hundred and eighty-eight.
PUBLISHED, José NAPOLEÓN DUARTE, constitutional President of the Republic.
ROMMEL GILBERTO VILLACORTA AREVALO, Deputy Minister of public health and Social Welfare, in charge of the firm.
D. o. No. 86 took no. 299 date: May 11, 1988.
REFORMS: (1) D. l. No. 294, on July 27, 1989; D. O. No. 140, T. 304, 28 July 1989.
(2) D. l. No. 91, 23 October 1991; D. O. No. 223, T. 313, 28 November 1991.
(3) D. l. No. 231, 23 April 1992; D. O. No. 84, T. 315, 11 May 1992.
(4) D. l. No. 730, 1 December 1993; D. O. No. 7, T. 322, 11 January 1994.
(5) D. l. No. 649, 29 February 1996; D. O. No. 61, T. 330, on March 27, 1996.
(6) D. l. No. 272, 26 March 1998; D. O. No. 65, T.339, 3 April 1998.
(7) D. l. No. 291, 12 February 2001; D. O. No. 40, T.350, February 23, 2001.
(8) D. l. No. 334, May 31, 2007;
83 D. o. No. 116, T. 375, June 26, 2007.
(9) D. l. No. 435, October 18, 2007; D. O. No. 214, T. 377, November 16, 2007.
(10) D. l. No. 561, March 6, 2008; D. O. No. 76, T. 379, April 25, 2008.
(11) D. l. No. 742, June 2, 2011; D. O. No. 120, T. 391, June 28, 2011.
(12) D. l. No. 970, December 20, 2011; D. O. No. 12, T. 394, 19 January 2012.
(13) D. l. No. 752, 24 July 2014, D. O. No. 149, T. 404, on August 15, 2014.
(14) D. l. No. 317, 1 April 2016, D. O. No. 68, T. 411, 14 April 2016.
(15) D. l. No. 318, April 1, 2016, D. O. No. 72, T. 411, 20 April 2016.
REPEALING partial: D. L. No. 1008 February 22, 2012; D. O. No. 43, T. 394, March 2, 2012.
D. L. No. 1013, on February 29, 2012; D. O. No. 58, T. 394, 23 March 2012.
UNCONSTITUTIONAL: * THE CONSTITUTIONAL DIVISION OF THE SUPREME, PER RESOLUTION 127 - 2007, COURT DECLARED THE UNCONSTITUTIONALITY OF THE ARTS. (284 No. 22, 285 not 36 and 286 letter f) of the present Code, by TRANSGRESSING the ARTS. 2, 15, 86 INC. 1st. AND 168 ORD. 14 NC., IN TERMS OF LEGAL CERTAINTY AND THE PRINCIPLE OF LEGALITY IN THE ADMINISTRATIVE SPHERE, IN RELATION TO THE REGULATORY AUTHORITY GRANTED TO THE PRESIDENT OF THE REPUBLIC. (ROM8/04/13) * THE CONSTITUTIONAL DIVISION OF THE SUPREME COURT OF JUSTICE, BY JUDGMENT NO. 137-2014, POSTED IN THE D. O. NO. 219, T. 413, 24 NOVEMBER 2016, DECLARES UNCONSTITUTIONAL THE INC. 2 ° 298 ART., SPECIFICALLY IN TERMS OF THE WORDING OF "BOTH (...)" "AS IN WHAT HARM", BY VIOLATING THE ARTS. 2 AND 11 OF THE CONSTITUTION, IN RELATION TO THE RIGHTS OF DEFENCE AND APPEALING MEDIA ACCESS, SPECIFICALLY WITH RESPECT TO THE PRINCIPLE OF REFORMATIO IN PEIUS NEC. (JQ/30/01/17) 84 CGC/adar SV SV 05/07/08 14/07/11 SV SV 15/02/12 11/04/12 JCH 24/04/12 FN 17/09/14 GM 09/05/16 13/05/16 JQ JQ 30/01/17 legislative index