General Directorate of Regulation, Surveillance and Control of Health

Department of Regulation, Accreditation, and Control

Health Establishments

OF LAWS AND REGULATIONS RELATED TO THE MISSION AND VISION OF DRACES

SECOND PART
SUPPLEMENTARY LAWS

XII. HEALTH CODE. DECREE No. 90-97 OF THE CONGRESS OF

REPUBLIC.

CODE: CONCEPT. Compilation of laws or statutes of a country

IMPORTANCE: Regulates matters related to prevention and promotion actions,

recovery and rehabilitation of the health of all the inhabitants of the Republic
of Guatemala.

Article 1. On the right to health. All inhabitants of the Republic have

right to prevention, promotion, recovery, and rehabilitation of their health
without any discrimination.

Article 2. Definition. Health is a social product resulting from interaction.

between the level of development of the country, the living conditions of the populations and
social participation, at an individual and collective level, in order to seek the
inhabitants of the country the most complete physical, mental, social well-being.

Article 3. Responsibility of citizens. All inhabitants of the

Republicans are obligated to care for, improve, and preserve their personal health.
family and community, as well as the health conditions of the environment in which
they live and develop their activities

Article 4. Obligation of the State. The State, in fulfillment of its obligation

to care for the health of the inhabitants while maintaining the principles of equity,
solidarity and subsidiarity will be developed through the Ministry of Public Health
and Social Assistance in coordination with state institutions
centralized, decentralized and autonomous, organized communities and
private, promotional actions, prevention, recovery, and rehabilitation of the
health, as well as the relevant supplements, in order to provide for the
Guatemalans the most comprehensive physical, mental, and social well-being. Likewise, the
The Ministry of Public Health and Social Assistance will ensure the provision of
free services to those individuals and their families whose personal income does not
allows them to cover part or all of the health services provided.

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 General Directorate of Regulation, Surveillance, and Health Control
Department of Regulation, Accreditation and Control of
Health Establishments

Article 7. Law of general observance. This Code is law of

general observance, without prejudice to the application of special norms
social security. In case of doubts regarding the application of the laws
sanitary, social security or others of equal hierarchy, must prevail
the criterion for applying the regulation that most benefits the health of the population
in general. Likewise for the purposes of their interpretation, their
regulations and other provisions issued for the promotion,
prevention, recovery, and rehabilitation of the health of the population will prevail
fundamentally the social interest.

Article 8. Definition of the health sector. The Health Sector is understood as the set
of organisms or public institutions centralized and decentralized,
autonomous, semi-autonomous, municipalities, private institutions
non-governmental and community organizations, whose competence or purpose
it is the management of health actions, including those dedicated to the
research, education, training, and capacity building of human resources
in the field of health and health education at the community level.

Article 25. Priority of human resources. The Ministry of Health and the
other entities in the sector will prioritize human resources as the key factor
for the modernization of the sector and the implementation of the integral model of
atención en salud.

Article 29. Responsibility for training. The universities, the Ministry

of Health, the Ministry of Education and other institutions of the Sector have the
responsibility to train professionals and technical and auxiliary staff
of health and related sciences, in accordance with the standards and requirements
established academics for each educational level in the system.

Article 33. Labor relations of the Ministry and its staff. The relations
labor relations between the Ministry of Health and its workers will be governed by the
fundamental principles contained in the Political Constitution of the Republic
from Guatemala, the Civil Service Law, the ratified international agreements
for Guatemala and for the other laws and regulations on the matter, as well as
provided in this Code.

Article 121. Health Authorization. The installation and operation of

establishments, public or private, intended for care and service to
public, will only be allowed with prior health authorization from the Ministry of
Health. Authorization for fixed establishments is granted through a license.
sanitary. The Ministry will exercise supervision and control actions without

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 General Directorate of Regulation, Surveillance and Control of Health
Department of Regulation, Accreditation and Control
Health Establishments

damages that the municipalities must incur. The regulation

specific will establish the requirements to grant the mentioned authorization and
the deadline for its issuance.

Article 122. Health license. Fiscal offices may only issue or

renew the licenses for the establishments referred to in the previous Article,
prior presentation of the health license issued by the Ministry of Health.

Article 123. Inspections. For the purposes of health control, the owners
the managers of establishments open to the public are required to
allow duly identified officials to inspect at any time
of its operation, according to what the respective regulations establish.

Article 157. Health care facilities. It is the responsibility of the

Ministry of Health, authorize and supervise the functioning of establishments
of attention for public and private health, based on the norms that
they are established.

Article 158. Bioethics Committee. Every hospital, whether public or private, must
to have a Bioethics Committee, which will help the patient, the family, and the
treating physician, within the legal framework, to make the most accurate decisions.

Article 193. Exercise and registration of university professions. Only those who can
to practice health-related professions, those who hold the degree
corresponding or the respective incorporation of the University of San Carlos
from Guatemala and are active members, for the case of the professions
University professionals. The Ministry of Health will keep a record of such professionals.

Article 194. On the registration and exercise of technical and intermediate degrees
auxiliaries. If
they will be recognized and registered to exercise technical, intermediate, and
assistants, who prove their training in authorized or established institutions
by the Ministry of Health and the Ministry of Public Education,
Universities of the country and Guatemalan Social Security Institute.

Article 195. Practice of other professions and trades. The Ministry of Health,
will regulate the performance of physiotherapists, masseurs, salon operators
beauty and personal hygiene, manicurists, pedicurists, physiotherapists
midwives, acupuncturists, chiropractors, naturopaths, homeopaths and others who
carry out direct care activities for individuals.

SERVING WITH WARMTH, QUALITY, AND COVERAGE

11 avenida "A" 12-19 Finca La Verbena Zona 7
Phones 24711344, 24750914 to 17 extension 203 and 204 Fax 24713595
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 General Directorate of Regulation, Surveillance, and Health Control
Department of Regulation, Accreditation, and Control of
Health Establishments

Article 204.- Regulation. The disposal of organs and tissues is regulated in

the respective law.

Article 205. Sanctions. The failure to observe the provisions

contemplated in this law, shall be sanctioned as stipulated in the book
of respective sanctions

Article 213. Authorization from the Ministry of Health. The activities of

import, manufacture, marketing and supply, including in the form of
donation from a national or foreign institution will require authorization from the
Ministry of Health, as well as the compliance with the requirements that it may have
to signal to safeguard people's health.

Article 215. Quality assurance control. The Ministry of Health, through

its corresponding dependencies will control that the equipment and supplies
count on the manufacturer's clarity guarantee, that there is local supply of
spare parts, maintenance, and the written warning in Spanish about the risks that
represents, if it were the case.

Article 216. Concept of infraction. Any action or omission that implies

violation of legal norms of a substantial or formal nature, related to the
prevention, promotion, recovery and rehabilitation in health matters,
constitutes a punishable offense by the Ministry of Health, to the extent and with
the scope established in this Code, its regulations and other laws of
health.

If the investigation carried out by the Ministry suggests the commission

of an offense defined in criminal laws, its knowledge and sanction correspond
to the competent courts.

The officials and employees of the Ministry of Health who in the exercise of
their functions, have knowledge of the commission of an act that may be
If a crime is committed, it must be reported immediately to the authorities.
competent, under penalty of incurring liability.

Article 217. Conflict of laws. If there is a conflict of laws in the matter of

violations and penalties against health will prevail the norms of this
Code regarding those of any other kind.

Article 218. Responsibility. Responsible authors are considered to be the

individuals or legal entities that directly or indirectly engage in the

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 General Directorate of Regulation, Surveillance, and Health Control
Department of Regulation, Accreditation and Control
Health Establishments

offenses established in this Code and other health laws. It also

They consider legal representatives and professionals responsible.
the technicians and the dependent staff who cooperate in the active commission or
passive of the offenses.

Article 219. Sanctions. For the violations established in this Code, their
regulations and other health laws, current norms and provisions, are given to them
will impose the following sanctions:

a) Written warning, which the official or employee will formulate.

duly authorized by the Ministry of Health, previously and by
written, according to the procedural rules established herein
book

b) A fine, which will range from the equivalent of two to one hundred and fifty
current minimum monthly wages for non-agricultural activities,
as long as it does not exceed one hundred percent of the value of the good or service,
except for the exceptional cases established in this Code.

c) Temporary closure of the establishment for a period of no less than five days and
no longer than six months, with the respective suspension of the license
sanitary and when applicable from the relevant health registry of the
products that the offender manufactures or sells.

d) Cancellation of the sanitary registration for commercial purposes of the product

control object of this Code.

e) Definitive closure of the establishment

f) Commissary of raw materials, food, medicines, instruments,

materials, goods, and other objects related to the offense
committed. When the seized objects are not of lawful commerce, the
the authority will decree its confiscation, even if they belong to a third party.

g) Publication in the two newspapers with the highest circulation, at the offender's expense,
of the final resolution in which the imposed sanction is recorded, in cases
that establishes the respective regulations.

If the offender does not correct the violation with the written warning, when this
legally proceed, one or more of the established penalties will be imposed
in this article, taking into account the type of infringement, the risk or damage

SERVING WITH WARMTH, QUALITY, AND COVERAGE

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 General Directorate of Regulation, Surveillance, and Health Control
Department of Regulation, Accreditation and Control
Health Establishments

caused to the health of individuals, its significance to the population and the value of
the goods subject to the infringement.

Article 221. Recidivism. A person is considered a recidivist if after having

is sanctioned for a sanitary violation, commits the same violation. In the
in cases of violations penalized with a fine, the repeat offender will be sanctioned
in addition with a hundred percent increase of the first imposed fine, or
another type of sanction will be imposed than those indicated in article 219 of the
present Code.

Article 234. Scope of application. The provisions of this chapter shall be

applicable to the infractions, sanctions, and crimes in matters of health and not
they will have retroactive effect, unless they favor the offender.

Article 235. Competence. The application of the sanctions established in the

present Code, its regulations, other health laws, standards and
applicable provisions, correspond to the Ministry of Health, in accordance
with the competence assigned in the respective regulation to the bodies that
they are included, except in cases that constitute a crime. In the administrative procedure that
is followed to determine the commission of a health violation, the authority
The competent authority must observe the principles of officiousness, promptness, impartiality.
and the specialty of the performances.

SERVING WITH WARMTH, QUALITY, AND COVERAGE

11 avenida "A" 12-19 Finca La Verbena Zona 7
Phones 24711344, 24750914 to 17 extension 203 and 204 Fax 24713595
Correo Electrónico: draces@[Link]@[Link]/[Link]