THE PUBLIC HEALTH CODE
Plan
LAW N° 85-05 OF 16/02/85 – RELATING TO THE PROTECTION AND PROMOTION OF HEALTH
TITLE I – FUNDAMENTAL PRINCIPLES AND PROVISIONS
Chapter I – Fundamental Principles
TITLE VI – HEALTH CARE PERSONNEL
Chapter I – General rules applicable to health professions
Section 1 – Tasks and activities of physicians, pharmacists and dental surgeons
Section 2 – Tasks and activities of medical auxiliaries
Chapter II – Conditions and regimes for the exercise of health professions
Section 1 – Conditions relating to physicians, pharmacists and dental surgeons
Section 2 – Exercise regimes
Section 3 – Rules of practice applicable to all physicians, dental surgeons and pharmacists
Section 4 – Private practice of physicians, dental surgeons and pharmacists
Section 6 – Premises used for medicine, dental surgery and pharmacy
TITLE VIII – CRIMINAL PROVISIONS
Chapter I – Criminal provisions relating to health personnel
LAW N° 85-05 OF 16/02/85 – RELATING TO THE PROTECTION AND PROMOTION OF HEALTH
The President of the Republic,
Having regard to the Constitution, in particular its articles 151-20° and 154;
Having regard to Ordinance No. 66-133 of June 2, 1966, amended and supplemented, establishing the general status of the civil service;
Having regard to Ordinance No. 66-154 of 8 June 1966, as amended and supplemented, establishing the Code of Civil Procedure; Having regard to Ordinance No. 66-155 of 8 June 1966, as amended and supplemented, establishing the Code of Criminal Procedure; Having regard to Ordinance No. 66-156 of 8 June 1966, as amended and supplemented, establishing the Criminal Code;
Having regard to Ordinance No. 67-24 of January 18, 1967, amended and supplemented, relating to the municipal code;
Having regard to Ordinance No. 69-38 of May 23, 1969, amended and supplemented, relating to the Wilaya Code;
Having regard to Ordinance No. 73-65 of December 28, 1973, establishing free medicine in health sectors;
Having regard to Ordinance No. 75-9 of February 1975 relating to the suppression of trafficking and the illicit use of poisonous substances and narcotics;
Having regard to Ordinance No. 75-58 of September 26, 1975, amended and supplemented, establishing the Civil Code;
Having regard to Ordinance No. 76-12 of 20 February 1976 establishing university hospital centres; Having regard to Ordinance No. 76-35 of 16 April 1976 establishing the organisation of education and training;
Having regard to Ordinance No. 76-79 of October 23, 1976 relating to the Public Health Code;
Having regard to Ordinance No. 76-81 of October 23, 1976 relating to the physical education and sports code;
Having regard to Law No. 78-02 of February 11, 1978 relating to the State monopoly on foreign trade;
Having regard to Law No. 78-12 of August 5, 1978 relating to the general status of workers;
Having regard to Law No. 80-04 of March 1, 1980 relating to the exercise of the control function by the National People’s Assembly;
Having regard to Ordinance No. 80-05 of March 1, 1980, amended and supplemented, relating to the exercise of the control function by the Court of Auditors;
Having regard to Law No. 80-07 of August 9, 1980 relating to insurance;
Having regard to Law No. 83-03 of February 5, 1983 relating to environmental protection;
Having regard to Law No. 83-17 of July 16, 1983 relating to the Water Code;
After adoption by the National People’s Assembly;
Promulgates the law with the following content:
TITLE I – FUNDAMENTAL PRINCIPLES AND PROVISIONS
Chapter I – Fundamental Principles
Article 1. – The purpose of this law is to establish the fundamental provisions relating to health and to concretize the rights and duties relating to the protection and promotion of the health of the population.
Art. 2. – The protection and promotion of health contribute to the physical and moral well-being of man and his development within society and therefore constitute an essential factor in the economic and social development of the country.
Art. 3. – Health objectives aim at protecting human life against diseases and risks, as well as improving living and working conditions, in particular through:
– the development of prevention;
– the distribution of care that meets the needs of the population;
– priority health protection of risk groups;
– the generalization of the practice of physical education, sports and leisure:
– health education.
Art. 4. – The national health system is defined as the set of activities and means intended to ensure the protection and promotion of the health of the population. Its organization is designed to take care of the health needs of the population. In a global, coherent and unified manner within the framework of the health map.
Art. 5. – The national health system is characterized by:
– the predominance and development of the public sector;
– health planning that fits into the overall process of national economic and social development
– inter-sensory nature in the development and implementation of national health programmes;
– the development of human, material and financial resources in line with national health objectives;
– the complementarity of prevention, care and rehabilitation activities;
– decentralized, sectorized and hierarchical health services, with a view to fully addressing the health needs of the population;
– The organization of active and effective participation of the population in the determination and execution of health implementation programs.
– the integration of health activities regardless of the exercise regime.
TITLE II – PUBLIC HEALTH AND EPIDEMIOLOGY
Chapter I – General provisions
Art. 25. – Public health means all preventive, curative, educational and social measures aimed at preserving and improving the health of the individual and the community.
Art. 26. – Epidemiology means all activities whose purpose is to identify environmental factors having a harmful effect on man, with a view to their reduction or elimination, and to determine health standards aimed at ensuring healthy living and working conditions.
Art. 27. – General prevention fulfils three missions: – prevent diseases, injuries and accidents: – detect symptoms in time enough to prevent the onset of the disease; – prevent the worsening of the disease when it has occurred, to avoid chronic after-effects and achieve proper rehabilitation
Art. 28. – A health record is established in order to better monitor the state of health of the population and to record more precisely vaccinations and medical care provided.
The terms of application of this article are set by regulation.
Art. 29. – All state bodies, local authorities, businesses, organizations, and the population are required to apply measures of health, hygiene, the fight against epidemic diseases, the fight against environmental pollution, the sanitation of working conditions, and general prevention.
Art. 30. – The standards and rules applicable to all sectors of the country in the areas of health, hygiene, prevention and health education are defined by regulation.
Art. 31. – Violations of the rules and standards of health, hygiene and general prevention result in disciplinary or administrative sanctions, without prejudice to criminal provisions.
TITLE VI – HEALTH CARE PERSONNEL
Chapter I – General rules applicable to health professions
Section 1 – Tasks and activities of physicians, pharmacists and dental surgeons
Art. 195. – Physicians, pharmacists and dental surgeons are required:
– to ensure the protection of the health of the population by providing appropriate medical care;
– to participate in health education:
– to ensure the training, development and retraining of health personnel, and to participate in scientific research, in accordance with the regulations in force.
Section 2 – Tasks and activities of medical auxiliaries
Art. 196. – Medical auxiliaries are responsible, according to their specialty and under the responsibility of a doctor, pharmacist or dental surgeon, – for ensuring compliance with prescribed medical treatments and care; – for monitoring the condition and personal hygiene of patients on a permanent basis; – for participating in prevention and health education activities for the population; – for contributing to the training, development and retraining of health personnel ; – for participating in scientific research in structures specialized for this purpose, in accordance with the regulations in force.
Chapter II – Conditions and regimes for the exercise of health professions
Section 1 – Conditions relating to physicians, pharmacists and dental surgeons
Art. 197. – The practice of the profession of doctor, pharmacist and dental surgeon is subject to authorization from the Minister responsible for health, under the following conditions: – hold, as the case may be, one of the Algerian diplomas of doctor of medicine, dental surgeon or pharmacist, or a foreign title recognized as equivalent; – not be affected by an infirmity or pathological condition incompatible with the practice of the profession; – not have been the subject of an infamous punishment; – be of Algerian nationality. This condition may be waived on the basis of the conventions and agreements entered into by Algeria and by decision of the Minister responsible for health.
Art. 198. – No one may practice as a specialist doctor, specialist dental surgeon or specialist pharmacist unless, in addition to the conditions required in Article 197 above, they have a medical specialty diploma or a foreign qualification recognized as equivalent.
Art. 199. – The doctor, dental surgeon and pharmacist authorized to practice, takes an oath before his peers, in accordance with the procedures set by regulation.
Art. 200. – During the period of the internship of the graduation studies, students of medicine, dental surgery and pharmacy are authorized to practice, respectively, medicine, dental surgery and pharmacy in public health establishments, under the responsibility of the practitioners, heads of structures
Section 2 – Exercise regimes
Art. 201. – Physicians, dental surgeons and pharmacists, whether general practitioners or specialists, exercise their profession under one of the following regimes: – as a full-time civil servant; – in a private capacity, subject to the provisions of Law No. 84-10 of 11 February 1984 relating to civil service.
Art. 202. – The conditions of installation for the exercise of the profession, in a private capacity, must aim, in particular, to achieve balanced national health coverage, and this, within the framework of the health map. The methods of application of this article are set by regulation.
Section 3 – Rules of practice applicable to all physicians, dental surgeons and pharmacists
Art. 203. – Physicians and dental surgeons are required to apply the treatment regimens and diagnostic techniques established for certain conditions falling within the framework of health programs.
Art. 204. – The physician and the dental surgeon are free, each in their field of activity, to prescribe the medicines included in the national nomenclature, subject to the provisions of Article 203 above.
Art. 205. – Any physician, dental surgeon and pharmacist whose right to practice his profession has been suspended is prohibited from giving consultations, writing prescriptions, preparing medications, applying treatment or administering any method of treatment relating to medicine or pharmacy, in his capacity as a physician, dental surgeon or pharmacist, except in the case where it is essential to provide urgent first aid care.
Art. 206. – Physicians, dental surgeons and pharmacists are required to observe professional secrecy, unless the legal provisions expressly release them from it.
Art. 207. – Physicians, dental surgeons and pharmacists are required to practice their profession under their legal identity.
Section 4 – Private practice of physicians, dental surgeons and pharmacists
Art. 208. – Private health activities are carried out in dental practices, pharmacy offices, consulting and treatment offices, medical analysis laboratories, medical optics and medical prosthesis eyewear. The nature and importance of the equipment necessary for private health activities defined in the above paragraph are set by regulation.
Art.209. – Doctors, dental surgeons and pharmacists are required to provide on-call service, according to the terms set by the Minister responsible for health, under penalty of administrative sanctions.
Art. 210.- Subject to the provisions of Article 206 above, physicians, dental surgeons and pharmacists are required to comply with requisition orders from the public authority.
Art. 211. The fees for acts performed by doctors, dental surgeons and pharmacists are set by regulation. Failure to comply with the fees results in sanctions in accordance with legal and regulatory provisions.
Art. 212. – It is prohibited for anyone who is not legally practicing the profession to receive all or part of the fees or profits arising from the professional activity, in a private capacity, of a doctor, a dental surgeon or a pharmacist.
Art. 213. – Within the limits of their qualifications, physicians, pharmacists and dental surgeons are required to establish a file of their patients, to keep the archives and to provide the certificates, attestations and epidemiological information prescribed by the laws and regulations.
Section 6 – Premises used for medicine, dental surgery and pharmacy
Art. 215. – Premises used for medicine, dental surgery and pharmacy must comply with the standards of construction, hygiene and safety and equipment requirements set by regulation.
Art. 216. – Any change in the purpose of premises for medical, dental or pharmaceutical use is subject to prior written authorization from the Minister responsible for health. The State exercises the right of pre-emption in the event of a transaction.
TITLE VIII – CRIMINAL PROVISIONS
Chapter I – Criminal provisions relating to health personnel
Art. 234. – The illegal practice of medicine, dental surgery, pharmacy, medical auxiliary professions, as defined in Articles 214 and 219 of this law is punishable by the penalties provided for in Article 243 of the Penal Code.
Art. 235. – Failure to comply with the obligation of professional secrecy provided for in Articles 206 and 226 of this law exposes the perpetrator(s) to the penalties provided for in Article 301 of the Penal Code.
Art. 236. – Refusal to comply with the requisitions of the public authority established and notified in the regulatory forms, as provided for in Article 210 of this law, is punishable in accordance with the provisions of Article 422 ter of the Penal Code.
Art. 237. – Violations of the provisions of Articles 207 and 221 of this law shall be punishable by the penalties provided for in Articles 243 and 247 of the Penal Code.
Art. 238. – Subject to the provisions of Article 226 of the Penal Code, it is prohibited for any doctor, dental surgeon, pharmacist and medical assistant in the exercise of their functions to certify falsely and knowingly in order to deliberately favor or harm a natural or legal person.
Art. 239. – Any negligence and professional misconduct committed by a doctor, dental surgeon, pharmacist or medical assistant in the exercise or on the occasion of his duties, and which affects the physical integrity or health, causes permanent incapacity, endangers the life or causes the death of a person shall be prosecuted in accordance with the provisions of Articles 288 and 289 of the Criminal Code,
Art. 240. – Without prejudice to administrative sanctions, any infringement of the provisions shall be punishable by a fine of 1,000 to 3,000 DA
THE PUBLIC HEALTH CODE
Deep cavities may require root canal treatment.
Dental veneers correct chipped or discolored teeth.
Misaligned teeth can cause uneven wear.
Dental implants preserve the bone structure of the jaw.
Fluoride mouthwashes help prevent cavities.
Decayed baby teeth can affect the position of permanent teeth.
An electric toothbrush cleans hard-to-reach areas more effectively.