19
Aug
2024
Legal news
Public law
19/
Aug
2024
2024
Legal news
Public law
Unconventional practices contributing to well being: Bill no. 1098 amending Law no. 1.516 of 23 December 2021
Bill no. 1098 amending Law no. 1.516 of 23 December 2021 on unconventional practices contributing to well being was tabled on 31 July 2024. Law no. 1.516 established a framework for healthcare practices that are not scientifically recognised by conventional medicine "in order to limit aberrations and guarantee the protection of individuals". (Explanatory memorandum, p. 1)
It is completed by:
- Ministerial Order no. 2022-722 of 14 December 2022 establishing the list of unconventional practices contributing to well being (art therapy, fire-cutting, animal mediation, meditation, reflexology, reiki, shiatsu, sophrology).
- Ministerial Order no. 2022-411 of 1 August 2022 laying down the operating rules for the Advisory Committee responsible for issuing an opinion on the implementation of the list of practices.
- Ministerial order no. 2022-413 of 1 August 2022 laying down the rules governing advertising.
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SUMMARY
Bill no. 1098 is based on the observation that "after almost three years of implementation, it has become apparent that these practices are sometimes carried out in response to specific circumstances that had not been anticipated by the law and which became apparent during the examination of applications for authorisation" (Explanatory Memorandum, p. 1).
It introduces the possibility:
- to carry out a non-conventional practice on a voluntary basis, subject to prior declaration to the Director of Health Action ("Directeur de l'action sanitaire").
- for the Director of Health Action to issue an authorisation to practise on a one-off or occasional basis in the places it mentions, when the needs of the population are not met for the practice concerned, by derogation from the conditions for issuing the authorisation (being of Monegasque nationality or the spouse of a Monegasque or, failing that, residing or having a professional address in the Principality). Under Law no. 1.516, people from outside the Principality "can no longer legally work in the Principality's medico-social and collective accommodation facilities for the elderly if they do not meet one of the conditions for obtaining authorisation". The aim is to alleviate "difficulties when this non-conventional practice contributing to well-being is not offered by persons authorised in the Principality or when the group of persons authorised to practise in Monaco does not meet all the needs of the population". (Explanatory Memorandum, p. 2).
- to attach special conditions or restrictions to the authorisation (by decision of the Minister of State or the Director of Health Action).
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