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Law No. 2015-12 03 July 2015

Original Language Title: Loi n° 2015-12 du 03 juillet 2015

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LAW

Law n ° 2015-12 of 03 July 2015
Act No. 2015-12 of 03 July 2015 amending Act No. 98-08 of 02 March 1998 on hospital reform.


The National Assembly adopted at its meeting on Monday, 22 June 2015,
The President of the Republic enacts the following legislation:

Sole Article. -Articles 13, 14, 15, 18, 21, 24, 25 and 29 of Law No. 98-08 of 02 March 1998 on hospital reform are repealed and replaced by the following provisions:

" Article 13. -Public hospital health facilities are involved in initial and in-service training for the various health professions, in particular by providing training courses and mentoring.

Public health institutions shall be entitled, for all or part of their clinical and medico-technical services, to enter into an agreement with public or private institutions for training, teaching and research in the sciences of Health, in accordance with procedures laid down by decree ".

" Article 14. -The hospitalo-academic conventions passed between public health institutions on the one hand and public or private institutions for training, education and research in health sciences, on the other, specify in particular the Rights and obligations of teachers involved in hospitals. They shall determine the organization of their duties, responsibilities and working conditions in accordance with the provisions of a framework convention established by the joint decree of the Minister responsible for health and the Minister responsible for higher education ".

" Article 15. -The establishment of hospital-university coordinating committees with representatives of public health institutions who have signed a
Convention with public or private institutions for training, education and research in health sciences, representatives of the same institutions, representatives of the Ministry responsible for higher education and Representatives of the Minister of Health.

The composition, organisation and functioning of these hospital-university coordination committees shall be established by joint decree of the Minister responsible for health and the Minister responsible for higher education ".

" Article 18. -The purpose of the health card is to anticipate and stimulate the necessary changes in the supply of care in order to optimally satisfy the demand for health. It also determines on a global basis, without distinguishing between the public and private sectors, the structures and equipment needed to take care of care, and their location.

The health card is based on demographic, epidemiological and medical advances, following a quantitative and qualitative analysis of the existing care offer.

The health card shall be updated at least every five years. It is fixed by decree."

" Article 21. -The authorisation to operate shall be given in the light of the positive conclusions of a compliance visit, the modalities of which shall be determined by order of the Ministry responsible for health. Authorization is given to a natural person or a legal person under private law. This authorization cannot be assigned.

The licensed establishment is subject to periodic monitoring of care activities, facilities and equipment. It is required to provide the necessary elements for the national health and social information system.

In the event of a deficiency and abnormality, the Minister responsible for health may, by duly reasoned order, suspend or withdraw the authorisation granted.

" Article 24. -A Medical Commission of Establishment (CME) is established in each hospital establishment and a Consultative Commission on Establishment (CCE) in each non-hospital public health facility.
The organisation and functioning of these committees shall be fixed by decree ".

" Article 25. -It is established in each hospital or non-hospital establishment:

-a Technical Committee on Establishment (CTE);
-a Committee on Health, Safety and Working Conditions (CHSCT).

The organisation and operation of these committees shall be fixed by decree ".

" Article 29. -Medical, surgical and medico-technical services of public health facilities are placed under the responsibility of a doctor, a biologist, an odontologist or a hospital pharmacist who takes the title of chief of service.

The procedure for appointing the heads of medical, surgical and medical services of public health institutions shall be fixed by decree ".


This Law shall be enforced as the law of the State.


Done at Dakar, July 03, 2015.


Macky SALL

By the President of the Republic:


The Prime Minister,
Mahammed Boun Abdallah DIONNE