Key Benefits:
Publics concerned: free information, detection and diagnosis centres for human immunodeficiency virus and viral hepatitis and sexually transmitted infections (CeGIDD).
Purpose: terms and conditions of supply, detention and delivery of medicines and CeGIDD enabling regime.
Entry into force: the provisions of this decree come into force on January 1, 2016 .
Notice: CeGIDD has been created to replace anonymous and free screening consultations (CDAG) and information, detection and diagnosis centres for sexually transmitted infections (CIDDIST). The purpose of this decree is to authorize CeGIDD to be supplied, to hold, to dispense drugs necessary for the prevention, treatment of sexually transmitted infections and emergency contraception. This mission is entrusted to a pharmacist listed in the table in section E or section H of the National Order of Pharmaceuticals in the CeGIDD administered by a health institution or, as a derogatory, to a physician named by the Director General of the Regional Health Agency, in the CeGIDDs, which are located in institutions and organizations other than health facilities. In addition, this Order provides that the principle of silence is an agreement (SVA) applies to decisions on the empowerment and renewal of the CeGIDD clearance issued by the Director General of the Regional Health Agency after a period of six months, derogatory to the period of common law.
References: this decree is implemented in accordance with the articles L. 3121-1 and L. 3121-2 the Code of Public Health andArticle L. 174-16 of the Social Security Code as a result of the Act No. 2014-1554 of 22 December 2014 Social Security Funding for 2015. The provisions of Public Health Code and Social Security Code can be consulted, in their writing resulting from this decree, on the website Légifrance (http://www.legifrance.gouv.fr).
The Prime Minister,
On the report of the Minister of Social Affairs, Health and Women ' s Rights,
Vu le Public Health Codeincluding articles L. 3121-1, L. 3121-2 and R. 5124-45;
Vu la Act No. 2000-321 of 12 April 2000 relating to the rights of citizens in their relations with administrations, including article 21;
Considering the advice of the National Standards Assessment Board dated 7 May 2015;
The State Council (Social Section) heard,
Decrete:
After section D. 3121-23-1 of the Public Health Code, an article R. 3121-23-2 is inserted as follows:
"Art. R. 3121-23-2. - The absence of a response from the Director General of the Regional Health Agency at the end of the six-month period from the receipt of the authorization and renewal applications referred to in sections D. 3121-23 and D. 3121-23-1 is accepted. »
Section 9 of Chapter I of Book I, Title II, Part 3 of the Public Health Code Regulatory Part is amended to read:
1° The title in section 9 is replaced by the following title: "Delivery of medications necessary for the prevention, treatment of sexually transmitted infections and emergency contraception";
2° In R. 3121-43, the words: "In the establishments and organizations referred to in Article L. 3121-2-1, the dispensation of drugs" are replaced by the words: "In the free information, testing and diagnosis centres referred to in Article L. 3121-2, the dispensation of the drugs necessary for the prevention, treatment of sexually transmitted infections, emergency contraception and for the treatment of serious adverse reactions"
3° Section R. 3121-44 is amended as follows:
(a) In the first paragraph, the words: "In institutions and organizations other than health facilities" are replaced by the words: "In free information, testing and diagnosis centres referred to in Article L. 3121-2 that are not health facilities";
(b) In the second paragraph, the word "prefect" is replaced in both occurrences by the words "Director General of the Regional Health Agency".
The second part of section R. 5124-45 of the Public Health Code is replaced by the following:
« 2° To the free information, testing and diagnostic centres referred to in Article L. 3121-2, the drugs necessary for the prevention, treatment of sexually transmitted infections and emergency contraception, as well as for the treatment of possible serious adverse reactions, on written orders from the pharmacist or doctor responsible for the detention and dispensation of these products. »
I. - This Decree comes into force on 1 January 2016.
II. - The provisions of section 1 apply to applications for authorization and renewal filed as of January 1, 2016.
The Minister of Finance and Public Accounts, the Minister of Social Affairs, Health and Women's Rights and the Secretary of State responsible for the budget are responsible, each with regard to him, for the execution of this decree, which will be published in the Official Journal of the French Republic.
Done on December 9, 2015.
Manuel Valls
By the Prime Minister:
Minister of Social Affairs, Health and Women ' s Rights,
Marisol Touraine
Minister of Finance and Public Accounts,
Michel Sapin
The Secretary of State in charge of the budget,
Christian Eckert