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Law General Of Health

Original Language Title: Ley General de Salud

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General Health Law

HEALTH GENERAL ACT

Official Journal of the Federation February 7, 1984

Last Reform Published DOF 04 June 2015

On the sidelines a seal with the National Shield that says: United Mexican States.-Presidency of the Republic.

MIGUEL DE LA MADRID HURTADO, Constitutional President of the United Mexican States, to its inhabitants, known:

What the H. The Union Congress has been used to address the following:

D E C R E T O

" The Congress of the United Mexican States, decrees:

HEALTH GENERAL ACT

TITLE FIRST

General Provisions

ONLY CHAPTER

Item 1o. -This law regulates the right to health protection that everyone has in the terms of Article 4. of the Political Constitution of the United Mexican States, establishes the bases and modalities for the access to health services and the concurrency of the Federation and the federative entities in the field of general health. It is applicable throughout the Republic and its provisions are of public order and social interest.

Item 1o. Bis.- It is understood by health as a state of complete physical, mental and social well-being, and not only the absence of conditions or diseases.

Article 2o.-The right to health protection, has the following purposes:

I. The physical and mental well-being of the person, to contribute to the full exercise of their capabilities;

II. The prolongation and improvement of the quality of human life;

III. The protection and enhancement of the values that contribute to the creation, conservation and enjoyment of health conditions that contribute to social development;

IV. The extension of the solidarity and responsibility of the population in the preservation, conservation, improvement and restoration of health;

V. The enjoyment of health and social care services that effectively and timely meet the needs of the population;

VI. Knowledge for the proper use and utilization of health services, and

VII. The development of teaching and scientific and technological research for health.

Article 3o.- In the terms of this Law, it is general health matter:

I. The organisation, control and monitoring of the provision of services and health facilities referred to in Article 34, fractions I, III and IV of this Law;

II. Health care, preferably for the benefit of vulnerable groups;

IIa. Social Protection in Health.

III. The coordination, evaluation and monitoring of the health services referred to in Article 34, fraction II;

IV. Maternal-infantil care

IV Bis. The maternal and child nutrition program in indigenous peoples and communities;

IV Bis 1. Visual health;

IV Bis 2. Hearing health;

V. Family planning;

VI. Mental health;

VII. The organisation, coordination and monitoring of the exercise of professional, technical and ancillary health activities;

VIII. The promotion of human resources training for health;

IX. The coordination of research for the health and control of it in human beings;

IX Bis. The human genome;

X. Information regarding health conditions, resources, and services in the country;

XI. Health education;

XII. Prevention, guidance, control and surveillance of nutrition, respiratory diseases, cardiovascular diseases and those attributable to smoking;

XIII. The prevention and control of the harmful effects of environmental factors on human health;

XIV. Occupational health and basic sanitation;

XV. The prevention and control of communicable diseases;

XV Bis. The National Program for HIV/AIDS Prevention, Care and Control and Sexual Transmission Infections;

XVI. The prevention and control of non-communicable diseases and accidents;

XVII. The prevention of disability and the rehabilitation of people with disabilities;

XVIII. Social assistance;

XIX. The program for the prevention, reduction and treatment of the harmful use of alcohol, the attention of alcoholism and the prevention of diseases derived from the as well as the protection of the health of third parties and of society in the face of the harmful use of alcohol;

XX. The anti-smoking program;

XXI. The prevention of the use of narcotic drugs and psychotropic drugs and the anti-drug program;

XXII. Health control of products and services and their import and export;

XXIII. The sanitary control of the process, use, maintenance, import, export and final disposal of medical equipment, prostheses, orthotheses, functional aids, diagnostic agents, dental use inputs, surgical materials, healing materials and hygienic products;

XXIV. The sanitary control of establishments engaged in the processing of products included in fractions XXII and XXIII;

XXV. The health control of the advertising of the activities, products and services referred to in this Law;

XXVI. The sanitary control of the disposal of organs, tissues and their components and cells;

XXVI Bis. The sanitary control of human bodies;

XXVII. International healthcare;

XXVII Bis. The comprehensive treatment of pain, and

XXVIII. Other matters to be established by this Law and other legal systems, in accordance with the third paragraph of Article 4. Constitutional.

Article 4o. -They are health authorities:

I. The President of the Republic;

II. The General Health Council;

III. The Health Secretariat, and

IV. The governments of federal entities, including the Federal District Government.

TITLE SECOND

National Health System

CHAPTER I

Common Provisions

Article 5o.-The National Health System is constituted by public administration agencies and agencies, both federal and local, and natural persons or (a) moral and social sectors, which provide health services, as well as mechanisms for the coordination of actions, and aims to comply with the right to health protection.

Article 6o.- The National Health System has the following objectives:

I.- Provide health services to the entire population and improve the quality of the population, addressing priority health problems and factors that condition and cause damage to health, with special interest in the promotion, implementation and promotion of integrated care actions of a preventive nature, in accordance with the age, gender and risk factors of persons;

II. Contribute to the harmonious demographic development of the country;

III. Collaborate with the social welfare of the population through social assistance services, mainly to minors in the state of abandonment, the elderly and the disabled, to promote their well-being and encourage their incorporation into a balanced economic and social life;

IV. Give impetus to the development of the family and the community, as well as to social integration and the physical and mental growth of children;

IV Bis. To promote the well-being and development of indigenous families and communities that encourage the development of their social and cultural potential; with their participation and taking into account their values and social organization;

V. Support the improvement of environmental health conditions conducive to the satisfactory development of life;

VI. Promote a rational system of human resources management and development to improve health;

VI Bis. Promote the knowledge and development of traditional indigenous medicine and their practice under appropriate conditions;

VII.- To contribute to the modification of cultural patterns that determine habits, customs and attitudes related to health and the use of services to be provided for protection;

VIII.- Promote a health promotion system that contributes to the development of products and services that are not harmful to health, and

IX.- Promote the development of health services based on the integration of Information and Communications Technologies to expand coverage and improve the quality of health care.

Article 7o.- The coordination of the National Health System will be in charge of the Health Secretariat, corresponding to this:

I. Establish and conduct national health policy, in the terms of applicable laws and in accordance with the provisions of the Federal Executive;

II. Coordinate the health service programs of the agencies and entities of the Federal Public Administration, as well as the groupings by functions and related programs that, if any, are determined;

II Bis. Promote and encourage the institutions of the National Health System to implement programs aimed at providing integrated medical care preventive character, according to the age, gender and risk factors of people;

III. Driving Disconcentration and Decentralization of Health Services;

IV. Promote, coordinate and perform the evaluation of health programs and services requested by the Federal Executive;

V. Determine the periodicity and characteristics of the information to be provided by the health sector's agencies and entities, subject to the applicable general provisions;

VI. Coordinate the process of scheduling the activities of the health sector, subject to the laws regulating the participating entities;

VII. Make recommendations to the competent dependencies on the allocation of resources required by health programs;

VIII. Promote scientific and technological activities in the field of health;

VIIIa.- Promote the incorporation, use and use of Information and Communications Technologies in Health services;

IX. To assist with the competent agencies to regulate and control the transfer of technology in the area of health;

X. Promote the establishment of a national health information system;

XI. Support coordination between health and educational institutions, to train and train human resources for health;

XII. To help to ensure that the training and distribution of human resources for health is consistent with the priorities of the National Health System;

XIII. Promote and boost community participation in health care;

XIV. To promote the permanent updating of the legal provisions in the field of health, and

XV. The other privileges, related to the above, that are required for the fulfilment of the objectives of the National Health System, and those that determine the applicable general provisions.

Article 8o. -For purposes of complement and mutual support, the universes of users will be delimited and the health institutions will be able to carry out actions of subrogation of services.

Article 9o. -The governments of the federative entities will contribute, in the field of their respective competences and in the terms of the coordination agreements they conclude with the Secretariat of Health, to the consolidation and functioning of the National System of Health. To this end, the governments of the federative entities will plan, organize and develop in their respective territorial constituencies, state health systems, seeking their programmatic participation in the National System of Health.

The Health Secretariat will assist, when requested by the states, in the decentralization actions to the municipalities that they carry out.

Article 10. The Health Secretariat shall promote the participation, in the national health system, of the health service providers, the public, social and private sectors, their workers and their users, as well as the authorities. or representatives of the indigenous communities, in the terms of the provisions to be issued.

It will also foster coordination with health input providers to streamline and ensure the availability of health inputs.

Article 11. The coordination of actions between the Health Secretariat and the authorities of the indigenous communities, the members of the social and private sectors, will be carried out by means of agreements and contracts, which will be adjusted to the following bases:

I. Defining the responsibilities that the parties assume;

II. Determination of the actions of guidance, encouragement and support to be carried out by the Health Secretariat;

III. Specification of the operational nature of the concertation of actions, subject to the functions of authority of the Secretariat of Health, and

IV. Expression of the other stipulations that are agreed by the parties.

Article 12. -The competence of the health authorities in the planning, regulation, organization and operation of the National Health System shall be governed by the provisions of this Law and other applicable general rules.

CHAPTER II

Distribution of Competencies

Article 13. The competition between the Federation and the federal health authorities shall be distributed in accordance with the following:

A. Corresponds to the Federal Executive, through the Secretariat of Health:

I. Dictar the Mexican official rules to be subject to the provision, throughout the national territory, of health services in general health matters and to verify their compliance;

II. In the matters listed in the fractions I, III, XV Bis, XXI, XXII, XXIII, XXIV, XXV, XXVI and XXVII of Article 3o. of this Law, to organize and operate the respective services and to monitor its functioning in itself or in coordination with dependencies and entities of the health sector;

III. Organize and operate the health services in charge and, in all matters of general health, temporarily develop actions in the federal entities, when requested, in accordance with the coordination to be held for this purpose;

IV. Promote, orient, encourage and support actions in the field of general health care by the governments of the federal entities, subject to national policies in the field;

V. Exercise extraordinary action on general health;

VI. Promote and program the scope and modalities of the National Health System and develop the necessary actions for its consolidation and operation;

VII. Coordinate the National Health System;

VIa. Regular, develop, coordinate, evaluate and monitor social protection actions in health;

VIII. Carry out the overall assessment of the provision of health services in the field of general health throughout the national territory;

IX. Exercise the coordination and general monitoring of compliance with the provisions of this Law and other applicable standards for general health, and

X. Other than necessary to make effective the above powers and those set forth in this Law and other applicable general provisions.

B. It is up to the governments of the federative entities, in the field of general health, as local authorities and within their respective territorial jurisdictions:

I. Organise, operate, monitor and evaluate the provision of general health services referred to in fractions II, II Bis, IV, IV A, IV Bis 1, IV Bis 2, V, VI, VII, VIII, IX, X, XI, XII, XIII, XIV, XV, XVI, XVII, XVIII, XIX, XX, XXVI Bis and XXVII Bis, in Article 3o. of this Act, in accordance with applicable provisions;

II. To contribute to the consolidation and functioning of the National Health System, and to plan, organize and develop state health systems, seeking their programmatic participation in the first;

III. Formulate and develop local health programs, within the framework of state health systems and in accordance with the principles and objectives of the National Development Plan;

IV. To carry out the programs and actions that in the field of local health they compete with;

V. Develop local statistical information and provide it to the competent federal authorities;

VI. Monitoring, in the sphere of their competence, compliance with this Law and other applicable provisions, and

VII. Other specific attributions to be established in this Law and other applicable general provisions.

C. It is up to the Federation and the federative entities to prevent the consumption of narcotics, attention to the addictions and persecution of crimes against health, in the terms of Article 474 of this Law.

Article 14. -(Repeals).

Article 15.-The General Health Council is an organ that directly depends on the President of the Republic in the terms of Article 73, fraction XVI, base 1a. of the Political Constitution of the United Mexican States. It is composed of a president who will be the Secretary of Health, a secretary and thirteen vocal members, two of whom will be the presidents of the National Academy of Medicine and the Mexican Academy of Surgery, and the vowels of their own. Regulation determines. The members of the Council shall be appointed and removed by the President of the Republic, who shall appoint for such positions, professionals specializing in any of the health branches.

Article 16. -The organisation and operation of the General Health Council shall be governed by its rules of procedure, which shall be formulated by the Council itself and subject to the approval of the President of the Republic for dispatch.

Article 17.-Compete to the General Health Council:

I. Dictate measures against the alcoholism, sale and production of toxic substances, as well as those aimed at preventing and combating the harmful effects of environmental pollution on health, which will be reviewed later by the Congress of the Union, in cases which are responsible for it;

II. To provide for lists of establishments for the processing of medicinal products and for the most frequent priority and non-communicable communicable diseases, as well as those for sources of ionising radiation and the like;

III. To discuss programs and projects for scientific research and training of human resources for health;

IV. To consider the establishment of new professional, technical, auxiliary and specialty studies that require national development in the field of health;

V. Draw up the Basic Health Sector Inform Table;

VI. Participate, in the field of their competence, in the consolidation and functioning of the National Health System;

VII. Render opinions and make suggestions to the Federal Executive to improve the efficiency of the National Health System and to improve the health sector program.

VIa. Propose to the health authorities the granting of recognition and encouragement to institutions and individuals who are distinguished by their merits in favor of health, and

VIII. To analyze the legal provisions on health and to formulate proposals for reforms or additions to them, and

IX. The others that correspond to it according to the XVI fraction of article 73 of the Political Constitution of the United Mexican States and this Law.

Article 17a.-The Health Secretariat shall exercise the powers of regulation, control and health promotion in accordance with this Law, to the Organic Law of the Federal Public Administration, and the other applicable laws correspond to that dependency in the matters referred to in the Article 3o. of this Law in its fractions I, as regards the control and supervision of the health establishments referred to in Articles 34 and 35 of this Law: XIII, XIV, XXII, XXIII, XXIV, XXV, XXVI, is saved with regard to corpses and XXVII, the latter except as regards persons, through a deconcentrated organ called the Federal Commission for the Protection against Health Risks.

For the purposes of the provisions of the preceding paragraph, the Federal Commission for the Protection against Health Risks:

I. Carry out the assessment of health risks in the areas of their competence, as well as identify and assess the risks to human health that generate the sites where hazardous waste is handled;

II. To propose to the Health Secretary the national health risk protection policy as well as its implementation in the field of: health facilities; medicines and other health inputs; disposal of organs, tissues, cells of human beings and their constituents; food and drink, cosmetic products; grooming products; tobacco, pesticides, plant nutrients, toxic substances or dangerous for health; biotechnological products, supplements food, raw materials and additives involved in the production of the above products; as well as for the prevention and control of the harmful effects of environmental factors on human health, occupational health and basic sanitation;

III. Draw up and issue the official Mexican rules relating to the products, activities, services and establishments of their competence, except in the matters referred to in Article 3o and Article XXVI. of this Act;

IV. Evaluate, issue or revoke the authorizations that are required in the areas of their jurisdiction, as well as those acts of authority that for the regulation, control and health promotion are established or derived from this Law, its regulations, Mexican official rules and other applicable laws;

V. Issue official health status certificates of processes, products, methods, facilities, services or activities related to the matters of their competence;

VI. Exercise the sanitary control and surveillance of the products listed in section II of this article, of the activities related to the first, of its import and export, as well as establishments intended for the processing of such products and health facilities, irrespective of the powers of the establishments and practices applicable in the establishments dedicated to the slaughter of animals and primary processing of animal origin for human consumption, has the Secretariat of Agriculture, Livestock, Rural Development, Fisheries and Food in terms of the provisions of the Federal Animal Health Law;

VII. Exercise the health control and surveillance of the advertising of the activities, products and services referred to in this Law and its regulations;

VIII. Exercise the control and health surveillance of the disposal and transplantation of organs and tissues and cells of human beings, except as provided by the Articles 329, 332, 338 and 339 of this Act;

IX. Exercise the powers that this Law and its regulations confer upon the Secretariat of Health in the field of international health, with the exception of persons;

X. Impose sanctions and enforce security measures in the field of their competence;

XI. Exercise the powers that this Law, the Organic Law of the Federal Public Administration, and the other applicable laws give to the Secretariat of Health in matters of health effects, occupational health, waste hazardous, basic sanitation and accidents involving toxic, hazardous or radiation substances;

XII. Participate, in coordination with the competent administrative units of the Secretariat of Health, in the implementation of the actions of prevention and control of diseases, as well as epidemiological surveillance, especially when they are relate to the health risks arising from the products, activities or establishments concerned with their competence, and

XIII. The other powers which other legal provisions confer on the Secretariat of Health in matters which, in accordance with the provisions of this Article, fall within the competence of the Commission.

Article 17a 1.-The unconcentrated organ referred to in Article 17a shall have, solely, administrative, technical and operational autonomy and its budget shall be constituted by:

I. The allocations to be established by the Federation's Revenue and Income Budget Law, and

II. The financial resources allocated to you, as well as those that are, hereafter, intended for your service.

The revenue the Federal Commission for Health Risk Protection will obtain from national and international donations, insurance rescue and other income from exceptional character may be recovered by the Commission and intended for its operational expenditure in accordance with the provisions of the Federation's Budget for the fiscal year concerned.

Article 17a 2.-At the head of the Federal Commission for the Protection of Health Risks, a Federal Commissioner will be appointed by the President of the Republic, on the proposal of the Secretary of Health; being the Secretary of Health to whom the supervision of this unconcentrated organ will be responsible.

Article 18-The bases and modalities of coordinated exercise of the privileges of the Federation and of the federal entities in the provision of health services In general, they will be established in the coordination agreements signed by the Secretariat of Health with the governments of the federal entities, within the framework of the Single Development Convention.

The Health Secretariat will propose the conclusion of coordination agreements with the governments of the federal entities for the participation of these in the provision of the services referred to in Article 3 (1), III, XXI, XXII, XXIII, XXIV, XXV, XXVI and XXVII. of this Law.

Article 19.-The Federation and the governments of the federal entities, in accordance with applicable legal provisions, shall provide the material, human and (a) financial resources which are necessary for the operation of general health services to be included in the coordination arrangements which for the purpose are to be concluded.

The resources provided by the parties will be expressly affected by the respective agreement and subject to the appropriate legal regime. The management of the same will be carried out by the administrative structure that will establish, in coordination, the Federation and the governments of the federative entities.

Article 20. -The administrative structures referred to in the second paragraph of Article 19 of this Law shall conform to the following bases;

I. They shall be governed by the provisions of this Law and other applicable rules, and by the provisions of the coordination arrangements to be concluded;

II. They will be established in coordination between the Federation, through the Secretariat of Health, and the governments of the federal entities;

III. They may have legal personality and own assets and functions of authority, where appropriate, in accordance with the legal instruments of creation;

IV. They will have an internal board, which will be chaired by the local executive, when this is the case;

V. The holders of the administrative structures shall be appointed by the Secretary of Health, on the proposal of the local executives, and should preferably have experiences in public health;

VI. The administration of the resources provided by the parties, subject to the appropriate legal regime;

VII. Promote and monitor the application of principles, Mexican official standards and uniform procedures;

VIII. The participation of representatives of the users, as well as of the workers in the service of these structures, in the terms of the provisions to be issued, and

IX. The others to be included in the coordination arrangements to be concluded.

Article 21. -The coordination arrangements to be concluded shall be subject to the following bases:

I. They shall establish the type and operational characteristics of the general health services which constitute the object of coordination;

II. They shall determine the functions to be carried out by the parties, with an indication of the obligations under the agreement;

III. Describe the goods and resources provided by the parties, with the specification of the regime to which they will be subject;

IV. Establish the administrative structures referred to in Article 19, determining their organic and functional modalities;

V. Develop the procedure for the preparation of annual programme and budget projects and determine the programmes of activities to be developed;

VI. They will define, where appropriate, the guidelines of the decentralization of the governments of the states to the municipalities;

VII. They shall establish that the revenue to be obtained by the provision of services shall be in accordance with the provisions of the tax legislation and the agreements concluded in the matter by the Federal Executive and the governments of the federal entities;

VIII. Indicate the legal or administrative measures that the parties are required to adopt or promote, for the best fulfillment of the agreement;

IX. Establish the control rules and procedures to be carried out by the Health Secretariat;

X. Establish the duration of the Agreement and the causes of early termination of the Agreement;

XI. Shall indicate the procedure for the resolution of disputes which, where appropriate, arise in relation to compliance and enforcement of the agreement, subject to applicable legal provisions, and

XII. Contain the other stipulations that the parties consider necessary for the best provision of the services.

Article 22. -the revenue to be obtained by the general health services provided in the terms of the coordination arrangements referred to in the preceding Articles shall be affected by the same concept in the form laid down by the legislation applicable tax.

THIRD TITLE

Health Services Delivery

CHAPTER I

Common Provisions

Article 23.-For the purposes of this Law, health services are understood to be all actions carried out for the benefit of the individual and of society in general, directed to protect, promote and restore the health of the person and the community.

Article 24. -Health services are classified into three types:

I. Health care;

II. Public health, and

III. Social assistance.

Article 25.-According to the priorities of the National Health System, the quantitative and qualitative extension of health services, preferably to the vulnerable groups.

Article 26.-For the organization and administration of health services, criteria for the distribution of user, regionalization, and user universes will be defined. stepping up of services, as well as universalisation of coverage.

Article 27. For the purposes of the right to health protection, basic health services are considered as references to:

I. Health education, the promotion of basic sanitation and the improvement of health conditions in the environment;

II. The prevention and control of communicable diseases of priority care, of the most frequent non-communicable diseases and of accidents;

III. Comprehensive medical care, comprising preventive integrated medical care, curative, palliative, and rehabilitation actions, including emergency care.

For the purposes of the preceding paragraph, the preventive integrated medical care consists in carrying out all prevention and promotion actions for protection of health, according to the age, gender and physical and mental determinants of people, preferably carried out in a single consultation;

IV. Maternal-infantil care

V. Family planning;

VI. Mental health;

VII. The prevention and control of bucodental diseases;

VIII. The availability of medicines and other essential health inputs;

IX. Promoting nutrition enhancement;

X. Social assistance to the most vulnerable groups and, of these, in a special way, to those belonging to indigenous communities, and

XI. Medical care for older adults in areas of geriatric health.

Article 28.-For the purposes of the previous article, there will be a Basic Inform Table for the first level of health care and a Catalog of Insured for the second and third level, elaborated by the General Health Council to which the public institutions of the National Health System will be adjusted, and in which they will group, characterize and codify the inputs for health. For these purposes, they will be involved in their preparation: the Health Secretariat, the public social security institutions, and the others that the Federal Executive points out.

Article 28 Bis.- Professionals who will be able to prescribe medications are:

1. Doctors;

2. Homeopaths;

3. Dentists Surgeons;

4. Veterinary Physicians in the area of your competence, and

5. Licensed in Nursing, who will only be able to prescribe when the services of a doctor are not available, those drugs in the basic table that determine the Health Secretariat.

The professionals referred to in this Article shall have professional cedula issued by the competent educational authorities. The social service interns, of any of the above mentioned races and the nurses may prescribe adjusting to the specifications to be determined by the Secretariat.

Article 29.-From the Basic Health Sector Insured Table, the Health Secretariat will determine the list of medications and other essential health supplies, and will ensure their permanent existence and availability to the population requiring them, in coordination with the competent authorities.

Article 30.-The Health Secretariat will support the competent agencies in the supervision of the public, social and private sectors dedicated to the (b) the provision of medicinal products and the provision of inputs for their preparation, in order to bring them into line with the provisions of the previous Article.

Article 31.- The Ministry of Economy, hearing the opinion of the Health Secretariat, will ensure adequate distribution and marketing and will fix prices. maximum sales to the public of the medicinal products and inputs. The Secretariat of Finance and Public Credit will have the intervention that corresponds to the determination of prices, when such goods are produced by the public sector.

The Health Secretariat will provide the technical elements to the Secretariat of Economy, about the import of health supplies.

CHAPTER II

Medical Care

Article 32. Health care is understood to be the set of services provided to the individual, in order to protect, promote and restore their health, which may be supported by electronic means in accordance with the Mexican official rules that the Health Secretariat will issue to the effect.

Article 33. Health care activities are:

I. Preventive, including general promotion and specific protection;

II. Curatives, which aim to make early diagnosis and provide timely treatment;

III. For rehabilitation, including actions to optimize the capabilities and functions of people with disabilities, and

IV. Paliatives, which include comprehensive care to preserve the patient's quality of life, through the prevention, treatment and control of pain, and others physical and emotional symptoms by a multidisciplinary professional team.

CHAPTER III

Health Services Providers

Article 34.-For the purposes of this Act, health services, taking care of providers of health services, are classified as:

I. Public services to the general population;

II. Services to rights holders of public social security institutions or those with their own resources or on behalf of the Federal Executive Branch, provide the same institutions to other groups of users;

III. Social and private services, whatever the way they are contracted, and

IV. Other to be provided in accordance with what is established by the health authority.

Article 35. -Public services to the general population are provided in public health facilities to the residents of the country who so require, governed by criteria of universality and gratuitousness at the time of using the services, founded in the socio-economic conditions of the users.

The rights holders of the social security institutions may have access to the services referred to in the preceding paragraph in the terms of the conventions which subscribe to these institutions in accordance with applicable provisions

Article 36.-The recovery fees that are collected for the provision of health services, will be adjusted to what the tax legislation and the conventions provide. The Federal Executive and the governments of the federal entities will be coordinating in the matter.

For the determination of recovery fees, the cost of the user's services and socio-economic conditions will be taken into account.

Recovery fees will be based on principles of social solidarity and will be related to users ' income, and should be exempt from collection when the user lacks resources to cover them, or in the areas of lower economic and social development in accordance with the provisions of the Health Secretariat.

To foreigners entering the country for the predominant purpose of using health services, the cost of the services will be fully charged, except in the case of urgencies.

Will be exempted from recovery of recovery fees for medical care and medication, to any child from birth to five (a) years completed, which is not a beneficiary or a person entitled to any health sector institution. In order to comply with this provision, it will be essential that the requesting family is at an income level corresponding to the last three decisions established by the Health Secretariat.

Article 37. -are services to persons entitled to public social security institutions which are provided by them to the persons who are listed or to whom they have been listed in accordance with their laws and to their beneficiaries, who with their own resources or on behalf of the Federal Executive to lend such institutions to other user groups.

These services will be governed by the provisions of the laws governing the organization and operation of the lending institutions and those contained in this Law, in which you do not object to those.

Such services, in the terms of this Law and without prejudice to the provisions of the laws referred to in the preceding paragraph, shall include medical care, care, child-child, family planning, mental health, promotion of human resources training, occupational health and prevention and control of non-communicable diseases and accidents.

Article 38.-It is private health services that provide physical or moral persons in the conditions that suit users, and subject to legal orders, Civil and commercial. In the field of tariffs, the provisions of Article 43 of this Law will apply.

These services can be contracted directly by users or through insurance systems, individual or collective.

Article 39. -health services of a social nature that provide, directly or through the hiring of individual or collective insurance, the social groups and organizations to their members and to the beneficiaries of the same.

Article 40. -The arrangements for access to private and social health services shall be governed by what is agreed by providers and users, without prejudice to the requirements and obligations laid down in this Law and other applicable provisions.

Article 41. -Health services provided by public entities or private companies to their employees and to their beneficiaries, with their own resources or through the hiring of individual or collective insurance, shall be governed by the conventions between providers and users, without prejudice to the provisions of this Law and other rules applicable to the respective health institutions.

Article 41 Bis. The health care establishments in the public, social or private sector of the national health system, in addition to those identified in the Articles 98 and 316 of this Law, and in accordance with their degree of complexity and level of resolution, shall have the following committees:

I. A Bioethics Hospital Committee for the resolution of the problems arising from the medical care referred to in Article 33 of this Law; as well as for the analysis, discussion and support in the decision-making regarding the problems bioethics to be presented in the clinical practice or in the teaching that is taught in the area of health, as well as to promote the development of guidelines and institutional ethical guidelines for medical care and teaching. It shall also promote the lifelong bioethics education of its members and establishment staff, and

II. In cases of health care establishments carrying out research activities in human beings, a Research Ethics Committee that will be responsible for evaluating and ruling the research protocols in human beings, formulating the recommendations of an ethical nature that correspond, as well as the elaboration of guidelines and institutional ethical guidelines for health research, and should follow up their recommendations.

The Hospital Committees on Bioethics and Ethics in Research will be subject to the current legislation and the criteria established by the National Bioethics Commission. They will be interdisciplinary and must be composed of medical staff of different specialties and people of the professions of psychology, nursing, social work, sociology, anthropology, philosophy or law that have training in bioethics, it is essential to have representatives of the affected core or users of the health services, up to the agreed number of its members, keeping gender balance, who may or may not be attached to the unit of health or establishment.

Article 42.-The Health Secretariat will provide the Secretariat of Finance and Public Credit with Mexican official health insurance standards for personal expenses doctors and hospitalization.

Article 43.- Health services of a social and private nature, with the exception of the independent personal service, shall be subject to the rates laid down by the Secretary of Economy, hearing the opinion of the Secretary of Health.

Article 44. -Private establishments for the internment of patients, will provide their services free of charge to persons of limited resources, in the proportion and terms that they point out in the regulations.

Article 45.-It is up to the Health Secretariat to monitor and control the creation and operation of all types of health service establishments, as well as to fix the Official Mexican rules to be subject to.

Article 46.- The construction, maintenance, operation and equipment of the establishments dedicated to the provision of health services, in any of its modalities will be able to apply the feasible and environmentally appropriate technologies to promote greater self-sufficiency, sustainability and environmental health in addition, will be subject to the Mexican official norms that, with foundation in this Law and other applicable general provisions, issued by the Secretariat of Health, without prejudice to the intervention of other authorities.

Article 47. -Health service establishments must present a notice of operation to the Health Secretariat, in the case provided for in the first paragraph of Article 200a of this Law. The notice shall state the characteristics and type of services to which they are intended and, in the case of particular establishments, shall also be pointed out to the health officer.

The notice referred to in the preceding paragraph shall be submitted at least 30 days prior to the date on which the operations are intended to be initiated and the requirements set out in Article 200 Bis of this Act.

In the operation and operation of health service establishments, the requirements to be met by Mexican official regulations and standards must be met. corresponding.

Article 48.-Corresponds to the Health Secretariat and the governments of the federal entities, in the field of their respective competencies and in coordination with the educational authorities, to monitor the exercise of health professionals, technicians and auxiliaries in the provision of the respective services.

Article 49.-The Health Secretariat and the governments of the federative entities, in the field of their respective competences, will contribute to the educational authorities competent for the promotion and promotion of the constitution of schools, associations and organizations of professionals, technicians and health aids, and will stimulate their participation in the National Health System, as ethical bodies of the exercise of the professions, which promote the permanent improvement of their members, as well as consulting the health authorities, when required.

CHAPTER IV

Community Health and Participation Services Users

Article 50.-For the purposes of this Act, any person who requires and obtains the public, social, and public sectors is considered a health service user. private, under the conditions and on the basis of the basis for each modality laid down in this Law and other applicable provisions.

Article 51.- Users will have the right to obtain timely and quality health benefits and to receive professional and ethically responsible care, as well as respectful and dignified treatment of professionals, technicians and auxiliaries.

Users will have the right to choose, freely and voluntarily, the doctor who will attend them from among the doctors of the unit of the first level of care that corresponds to the address, according to the work schedule and the availability of spaces of the chosen physician and based on the general rules determined by each institution. In the case of social security institutions, only insured persons may exercise this right, in favour of their own and their beneficiaries.

Article 51 Bis 1.- Users will be entitled to receive sufficient, clear, timely, and truthful information, as well as the necessary guidance regarding their health and the risks and alternatives of the procedures, therapeutic and surgical diagnoses that are indicated or applied to it.

When attention is paid to users originating from indigenous peoples and communities, they will be entitled to obtain necessary information in their language.

Article 51 Bis 2.- Users have the right to freely decide on the application of the diagnostic and therapeutic procedures offered. In case of urgency or if the user is in a state of temporary or permanent incapacity, the authorization to proceed will be granted by the family member who accompanies him or his legal representative; if not possible, the provider Health services shall immediately proceed to preserve the life and health of the user, leaving the clinical file on record.

Users of public health services in general will have facilities to access a second opinion.

Article 51 Bis 3.- The complaints that users present for the medical care received, must be addressed and resolved in a timely and effective manner by the health service providers or the bodies which the health institutions have defined for that purpose, where the solution corresponds to their area of competence.

Article 52. -Users must conform to the internal regulations of the health service provider institutions, and dispense care and care in the use and conservation of medical materials and equipment that are made available to them.

Article 53.-The Health Secretariat and the governments of the federal entities, within the scope of their respective competencies, will establish procedures to regulate the modalities of access to public services to the general public and to social and private services.

Article 54. The competent health authorities and health institutions themselves shall establish procedures for guidance and advice to users on the use of the health services they require, as well as mechanisms for users or applicants submit their complaints, complaints and suggestions regarding the provision of the health services and in relation to the lack of probity, if any, of the public servants. In the case of indigenous populations or communities, the health authorities will provide advice and guidance in Spanish and in the language or languages in use in the region or community.

Article 55. -Public or private persons or institutions who are aware of accidents or who require the urgent provision of health services, shall take care, by means of their reach, to be transferred to them. nearest health facilities, in which they may receive immediate attention, without prejudice to their subsequent referral to other institutions.

Article 56. -In accordance with the applicable general provisions, the agents of the Public Ministry who receive reports or complaints about persons requiring emergency health services must have the same information as immediately moved to the nearest health facility.

Article 57. -The participation of the community in the health protection programs and in the provision of the respective services, aims to strengthen the structure and functioning of the health systems and to increase the improvement of the level of health of the population.

Article 58. -The community will be able to participate in the health services of the public, social and private sectors through the following actions:

I. Promotion of behavior habits that contribute to protecting health or solving health problems, and intervention in programs to promote and improve health and prevention of diseases and accidents;

II. Collaboration in the prevention or treatment of environmental problems related to health;

III. Incorporation, as voluntary auxiliaries, in the realization of simple tasks of health care and social assistance, and participation in certain activities of operation of the health services, under the direction and control of the authorities corresponding;

IV. Notification of the existence of persons requiring health services, where they are prevented from requesting assistance on their own;

V. Formulating suggestions for improving health services;

Va. Information to health authorities about side effects and adverse reactions from the use of medicines and other health inputs or from the use, diversion or final disposal of toxic or hazardous substances and their wastes; and

VI. Information to the competent authorities of any irregularities or deficiencies which are noted in the provision of health services

and

VII. Other activities that contribute to health protection.

Article 59. The health sector agencies and agencies, and the governments of the federal entities, will promote and support the formation of groups, associations and other institutions that aim to participate in the programs of promotion and improvement of individual or collective health, as well as in the prevention of diseases and accidents, and prevention of disability and rehabilitation of persons with disabilities, as well as in care palliatives.

Article 60.-Popular action is granted to report to the health authorities any act, act or omission that poses a risk or causes harm to the health of the population.

People's action can be exercised by anyone, enough to give you a course to point out the data that allows you to locate the cause of the risk.

CHAPTER V

Maternal-Child Care

Article 61.-The purpose of this Chapter is maternal and child protection and the promotion of maternal health, covering the period of pregnancy, childbirth, post-parturition and puerperium, due to the condition of vulnerability in which the woman and the product are found.

Maternal-child care is a priority and includes, among others, the following actions:

I.     The comprehensive care of women during pregnancy, childbirth and puerperium, including the psychological care they require;

I Bis. The attention of the transmission of HIV/AIDS and other sexually transmitted infections, in pregnant women in order to avoid perinatal transmission;

II. The attention of the child and the vigilance of their growth, integral development, including the promotion of timely vaccination, prenatal care, as well as the prevention and detection of hereditary and congenital conditions and diseases, and in their case care, including the application of the expanded screening test, and their health visual;

III. The revision of the retina and auditory sieve to the preterm;

IV. The application of the neonatal ophthalmological screen, to the fourth week of birth, for early detection of malformations that may cause blindness, and their treatment, in all grades, and

V. The child's attention and vigilance during growth and development, and promotion integration and family welfare.

Article 61 Bis.- Every pregnant woman has the right to obtain health services in the terms referred to in Chapter IV of the Third Title of this Law and with strict respect for their human rights.

Article 62.-In health services, the institutional organization of committees for the prevention of maternal and infant mortality will be promoted, to be known, systematize and assess the problem and take the necessary measures.

Article 63. -The protection of the physical and mental health of minors is a responsibility shared by parents, guardians or those who exercise parental authority over them, the State and society in general.

Article 64.-In the organization and operation of health services intended for maternal and child care, competent health authorities set:

I. Procedures for the active participation of the family in the prevention and timely care of users ' conditions;

II. Actions for guidance and institutional surveillance, training and encouragement for breastfeeding and breastfeeding, encouraging that breast milk is an exclusive food for six months and complementary to the second year of life and, where appropriate, direct food aid to improve the nutritional status of the maternal and child group, as well as to promote the installation of lactarians in public and private sector workplaces;

II Bis.- Promotion actions for the creation of human milk banks in health facilities that have neonatal services;

III. Actions to control vaccine-preventable diseases, diarrheal processes, and acute respiratory infections of children under 5 years of age, and

IV. Training actions to strengthen the technical competence of traditional midwives, for pregnancy, delivery and puerperium care.

Article 64 Bis.-The Health Secretariat will promote the participation of the social and private sectors, as well as of society in general, for the strengthening of health services in the field of maternal and child care. To this end, it will promote the creation of Maternal and Child Health Support Networks, both in federal and federal agencies, in order to facilitate access to information regarding the provision of pregnant women of health care services in this field, and where appropriate, provide them with support for access to them.

Article 65. -Health, education and labour authorities, in their respective areas of competence, support and encourage:

I. Programs for parents to promote maternal and child care.

II. Recreational, recreational and cultural activities aimed at strengthening the family core and promoting the physical and mental health of its members;

III. The monitoring of occupational activities that could endanger the physical and mental health of minors and pregnant women, and

IV. Actions related to basic education, adult literacy, access to drinking water, and excrement disposal facilities.

Article 66.-In the field of school hygiene, it is up to the health authorities to establish Mexican official standards to protect the health of education and health. school community. The educational and health authorities shall coordinate for the implementation of these.

The provision of health services to schoolchildren shall be carried out in accordance with the coordination bases established between the health and education authorities. competent.

CHAPTER VI

Family Planning Services

Article 67. -Family planning is a priority. Information and educational guidance for adolescents and young people should be included in their activities. Also, to reduce reproductive risk, the woman and man should be informed about the inconvenience of pregnancy before the age of 20, or after the age of 35, as well as the desirability of spacing out pregnancies and reducing their number. this, through correct contraceptive information, which should be timely, effective and complete to the partner.

The services provided in this field constitute a means of exercising the right of everyone to decide in a free, responsible and informed manner on the number and spacing of children, with full respect for their dignity.

Those who practice sterilization without the will of the patient or exert pressure to admit the patient will be punished according to the provisions of this Law, regardless of the criminal liability they incur.

In the field of family planning, information and educational guidance actions in indigenous communities should be carried out in Spanish and in the language or indigenous languages in use in the region or community concerned.

Article 68. -Family planning services include:

I. The promotion of the development of educational communication programs in the field of family planning and sexual education services, based on the content and strategies established by the National Population Council;

II. The attention and monitoring of the acceptors and users of family planning services;

III. The advisory services for the provision of family planning services in charge of the public, social and private sectors and the supervision and evaluation in their implementation, in accordance with the policies established by the National Population Council.

IV. The support and promotion of research in the field of contraception, human infertility, family planning and human reproduction biology;

V. Participation in the establishment of suitable mechanisms for the identification, elaboration, acquisition, storage and distribution of medicines and other inputs for family planning services.

VI. The collection, systematization and updating of the information necessary for the proper monitoring of the activities carried out.

Article 69.-The Health Secretariat, based on the policies established by the National Population Council for the provision of family and family planning services Sexual education, will define the basis for evaluating the practices of contraceptive methods, so it touches on their prevalence and their effects on health.

Article 70.-The Health Secretariat will coordinate the activities of the agencies and entities in the health sector to implement and operate the actions of the national program of family planning, which is formulated by the National Population Council, in accordance with the provisions of the General Population Law and its Rules of Procedure, and will ensure that they are incorporated into the sectoral programme.

Article 71.-The Secretariat of Health will provide, through the National Population Council, the advice that will be given to the development of educational programs in the field of family planning and sexual education requires the national education system.

CHAPTER VII

Mental Health

Article 72.- The prevention and care of mental and behavioral disorders is a priority. It shall be based on the knowledge of the factors affecting mental health, the causes of the alterations in the conduct, the methods of prevention and the multidisciplinary control of these disorders, as well as other aspects related to the diagnosis, conservation and improvement of mental health.

For the purposes of this Law, mental health is understood to be the welfare state that a person experiences as a result of its good functioning in the cognitive, affective and behavioral, and ultimately the optimal deployment of their individual potentialities for coexistence, work and recreation.

The attention of mental and behavioral disorders should be provided with a community approach, psychosocial reinsertion and strict respect for human rights. human users of these services.

Article 73.- For the promotion of mental health and the attention of people with mental and behavioral disorders, the Ministry of Health, health institutions and the governments of the federative entities, in coordination with the competent authorities in each matter, shall encourage and support:

I. The development of educational, sociocultural and recreational activities that contribute to mental health, preferably to groups in a situation of vulnerability.

II. The dissemination of guidance for the promotion of mental health, as well as knowledge and prevention of mental and behavioral disorders;

III. The implementation of programs for the prevention and control of the use of psychotropic substances, narcotic drugs, inhalants and other substances that may cause mental disorders or dependency;

IV. Actions and campaigns to promote the rights of people with mental and behavioural disorders, as well as awareness raising to reduce stigma and discrimination, in order to encourage timely access to care;

V. The strategic and gradual implementation of mental health services in National Health System network establishments at all levels of care, that allows the attention gap to be bridged;

V Bis. The promotion of care programs, which consider, among others, day hospitals, outpatient services, day centers, halfway houses, and sheltered workshops;

VI. Multidisciplinary research on mental health;

VII. The participation of external observers to monitor the full respect of the human rights of persons with mental and behavioral disorders, who are cared for in the establishment of the National Health System network, and

VIII. Other actions that directly or indirectly contribute to the prevention, care and promotion of the mental health of the population.

Article 74.- The attention of mental and behavioral disorders comprises:

I. The care of people with mental and behavioral disorders, comprehensive diagnostic evaluation and comprehensive treatments, and rehabilitation psychiatric mentally ill, mentally impaired, alcoholics, and people who routinely use narcotic drugs or psychotropic substances;

II. The organization, operation and supervision of establishments dedicated to the study, treatment and rehabilitation of people with mental and behavioral disorders, and

III. The reintegration of the person with mental and behavioral disorders to their family and community, through the creation of social and care programs such as residences and sheltered workshops, in coordination with other sectors, due care of these patients.

Article 74 Bis.- The person with mental and behavioral disorders will have the following rights:

I. The right to the best care available in the field of mental health and according to its cultural background, which includes the treatment without discrimination and with respect to the dignity of the person, in establishments of the network of the National System of Health;

II. Right to have a representative who takes care of his interests at all times. For this purpose, the judicial authority must take care that there is no conflict of interest on the part of the representative;

III. Right to the informed consent of the person or their representative in relation to the treatment to receive. This will only be excepted in the case of involuntary internment, in the case of an urgent case or when it is found that the treatment is the most appropriate to meet the needs of the patient;

IV. The right to be imposed only on the restrictions necessary to ensure its protection and that of third parties. In any case, care must be taken to ensure that the detention is as restrictive as possible and that the treatment to be received is as less as possible;

V. The right to receive treatment based on an individually prescribed plan with a clinical history, reviewed periodically and modified as appropriate;

VI. Right not to be subjected to irreversible treatments or to modify the integrity of the person;

VII. Right to be treated and cared for in your community or as close as possible to the place where you live your family or friends, and

VIII. Right to the confidentiality of psychiatric information about your person.

Article 75.- The internment of people with mental and behavioral disorders, as a last therapeutic resource, will be adjusted to ethical, social principles, of respect for human rights and requirements as determined by the Health Secretariat and other applicable legal provisions.

It will be involuntary to internment, when the person prevented from applying for it by itself, for temporary or permanent incapacity, is requested by a person. family, guardian, legal representative or, in the absence of the above, other interested person, who in case of urgency requests the service and whenever there is the intervention of a qualified physician, who determines the existence of a mental and mental disorder behaviour and that due to this disorder there is a serious danger or immediate for itself or for third parties.

The decision to internalize a person must be notified to his or her representative, as well as to the judicial authority.

Involuntary detention shall be reviewed by the judicial authority at the request of the person or his representative. The decision of the judicial authority shall be based on an expert opinion and, if the termination of detention is resolved, it shall set a time limit for the execution of the decision. In any event, the defence of the interests of the person concerned shall be ensured during such proceedings.

Health authorities should coordinate with public bodies for human rights protection so that the establishments dedicated to health care and Treatment of persons with mental and behavioural disorders are continuously monitored in order to ensure respect for the rights of the persons who are admitted.

Article 76.- The Health Secretariat will establish Mexican official standards for establishments that pay attention to people with mental disorders. and the behavior of the National Health System network.

For these purposes, the necessary coordination shall be established between the health, judicial, administrative and other authorities, as appropriate.

Article 77.- Parents, guardians, who exercise parental authority or who have the legal representation of persons with mental and mental disorders behavior, will be responsible for the guard or custody. Educational authorities and anyone who is in contact with people with mental and behavioral disorders will seek appropriate and appropriate care.

For these purposes, they will be able to obtain guidance and advice in public institutions dedicated to the care of people with mental and mental disorders. behavior, with emphasis on girls, children, adolescents, and older adults.

In the event that the diagnosis confirms the existence of a mental and behavioral disorder, and that the child's internment is required, the Article 75 of this Law and such detention shall be carried out in an establishment or area specifically intended for the attention of minors. Similarly, the necessary measures must be taken to protect the rights under the Law for the Protection of the Rights of Girls, Children and Adolescents.

TITLE THIRD BIS

Social Protection in Health

Chapter I

General Provisions

Article 77a 1.-All Mexicans have the right to be incorporated into the Health Protection System in accordance with the fourth article of the Constitution. Politics of the United Mexican States, regardless of their social status.

Social protection in health is a mechanism by which the State will guarantee effective, timely, quality access without disbursement at the time of use and without discrimination medical-surgical, pharmaceutical and hospital services that meet health needs in a comprehensive manner, through the combination of health promotion, prevention, diagnosis, treatment and rehabilitation interventions, selected as a priority according to safety criteria; effectiveness, cost, effectiveness, adherence to professional ethical standards and social acceptability. As a minimum, external consultation services should be included in the first level of care, as well as external consultation and hospitalization for the basic specialties of: internal medicine, general surgery, gynecoobstetrics, pediatrics and geriatrics, in the second level of care.

The regulatory provisions shall establish the criteria necessary for the sequence and scope of each intervention that is provided in the terms of this Title.

Article 77a 2. For the purposes of this Title, the Social Protection System in Health shall be understood as the actions provided by the Secretariat of Health and the State Social Protection Regulations in health, which are understood by the latter, to the administrative structures that provide such actions, which depend on or are coordinated by the person responsible for conducting the health policy in the federative entities.

The Health Secretariat will coordinate the actions of social protection in health, which will be carried out by the State Social Protection Regimes in their respective countries. jurisdictions, which shall have the subsidiary and coordinated participation of the Federation in accordance with the provisions of this Title and other applicable provisions.

State Health Protection Schemes shall ensure the actions referred to in the preceding paragraph, by means of efficient financing and coordination, timely and systematic provision of health services to the person of the Social Protection System in Health, which must carry out their activity independently of the provision of health services.

Article 77a 3.-Families and persons who are not entitled to social security institutions or do not have any other social security mechanism in place The health protection system will be incorporated into the Health Protection System, which corresponds to the health protection actions referred to in this Title.

Article 77a 4.-The protection unit will be the family core, which for purposes of this Act can be integrated in any of the following ways:

I. By the spouses;

II. By concubine and concubinaire;

III. By the parent and/or the unjoined mother in marriage or concubinage, and

IV. For other headline assumptions and their beneficiaries, which the General Health Council determines on the basis of the degree of dependence and coexistence that justify their temporary or permanent assimilation to a family nucleus.

Children and adoptees under eighteen years of age will be considered to be members of the family; children of that age are considered to be part of the household and are consanguinity with the persons identified in the fractions I to III preceding them; and the direct ascents in a straight line of these, over sixty-four years, who live in the same dwelling and are economically dependent on them, in addition to the children up to twenty-five years old, single, proving to be students, or dependent disabled.

People aged 18 and over will be applied the same criteria and policies as the family core.

The family core will be represented for the purposes of this Title by any of the persons enunciated in fractions I to III of this article.

Article 77a 5.-The competition between the Federation and the federative entities in the implementation of the actions of social protection in health will be distributed according to the next:

A) Corresponds to the Federal Executive, through the Secretariat of Health:

I. Develop, coordinate, monitor and establish the basis for the regulation of the State Health Protection Regulations for Health, for which the a strategic plan for the development of the System and, where appropriate, implement any necessary corrective measures, taking into account the opinion of the federal authorities through the National Health Council;

II. Provide high-specialty health services through federal public establishments created for the purpose;

III. In its capacity to provide, manage and verify the timely supply of the budget forecast to meet the unforeseen differences in the expected demand for services referred to in Article 77 Bis 18 and the Protection against Catastrophic Expenditure as set out in Article 77 Bis 29;

IV. Transfer with opportunity to the federal entities, the resources that correspond to them to operate, through the State Protection regimes Social in Health, the actions of the Social Protection System in Health, in the terms of Article 77a 15 and other applicable provisions of Chapter III of this Title;

V. Develop the model and promote the formalization of the coordination agreements referred to in Article 77 Bis 6 of this Law;

VI. Establish the family quota scheme to be covered by the beneficiaries of the Social Protection System in Health, which will have an annualized maximum increase according to the variation of the National Consumer Price Index;

VII. Design and develop the materials for the awareness, dissemination, promotion and methodology of the training to be used in the operation of the System;

VIII. Define the organizational framework of the Health Social Protection System at the federal and local levels;

IX. Design, develop and supply the instrument to assess beneficiaries ' ability to pay for the purposes of the family quota scheme refers to Article 77a 21, in the federal entities;

X. Set the guidelines for the integration and administration of the Social Protection System beneficiaries ' list of beneficiaries and validate their correct integration;

XI. To request to the General Health Council the collation of the register of beneficiaries of the Social Protection System in Health, against the registration records of the social security institutes and other public and social schemes of care medical;

XII. Set the form and terms of the conventions to be signed by the federative entities, with each other and with the public institutions of the National Health System in order to optimize the use of their facilities and share the provision of services;

XIII. For the purpose of exchanging information and checking the situation of insurance, take out appropriate agreements with public social security entities;

XIV. Tutoring the rights of beneficiaries of the Social Protection System in Health;

XV. Define the minimum requirements for the accreditation of the health facilities providers of the services registered in the Social Protection System in Health;

XVI. To define the basis for the economic compensation between federal entities, institutions and establishments of the National Health System by way of the provision of health services, following the opinion of the Secretariat of Finance and Public Credit.

Also, for the case where an economic compensation for non-compliance with the obligations of payment between federative entities, is to be used for the State Regime of Social protection in creditor health, the amount of the payment resulting from the provision of health services corresponding to the resources that in terms of this Title must be transferred directly to the federal entities, or Surrender to the federal entity whose State Social Protection Regime in Health, be considered debtor, and

XVII. Evaluate the performance of the State Social Protection Regimes in Health and contribute to the federal and local competent bodies in control and control. audit of the resources transferred or delivered to them, to carry out the actions of the Social Protection System in Health in their respective jurisdiction, including those intended for the maintenance and development of infrastructure and equipment.

B) Corresponds to the governments of the federal entities, within their respective territorial constituencies:

I. Provide the health services in the terms of this Title and other provisions of this Act, as well as the applicable regulations, having the the capacity of inputs and the supply of the necessary medicines for their timely and quality supply;

II. Identify and incorporate through the State Health Protection System in Health, beneficiaries to the Social Protection System in Health, for which carry out dissemination and promotion activities, as well as those related to the process of incorporation, including the integration, administration and updating of the beneficiaries ' register in their institution, in accordance with the guidelines established for such effect by the Secretariat of Health;

III. Apply, in a transparent and timely manner, the resources that are transferred by the Federation and the contributions of its own, for the execution of the actions of the Social Protection System in Health, in the terms of this Title, the other applicable provisions and the coordination arrangements which for the purpose are to be concluded.

For that purpose, the federal entities shall be subject to the General Government Accounting Act and other applicable legal provisions, as well as to the next:

a) Once the resources that correspond directly to the federative entity concerned are transferred by the federation in the terms of Article 77 15, fraction I of this Law, the same shall be given in full, together with the financial returns that are generated to the State Health System of Health, within the following five working days, and

b) The State Health Protection System must inform the Health Secretariat within three working days of the amount, date and time of the the amount of income generated that has been delivered to it by the treasury of the federal entity.

IV. Schedule, of the resources referred to in Chapter III of this Title, those necessary for the maintenance, development of infrastructure and equipment in accordance with the priorities to be determined in each federal entity, in congruence with the master plan to be drawn up at national level by the Health Secretariat;

V. Receive, administer and exercise the family shares of the beneficiaries of the State Social Protection System in Health, as well as the other income which, due to the frequency in use of the services or specialty or for the supply of (b) associated medicinal products, are further imposed in the terms of this Title, in accordance with Article 77 Bis 23 of this Law;

VI. Conduct the operational follow-up of the actions of the State Health Protection Regime in its entity and the assessment of its impact, providing the Federation with the information that it requests for the effect;

VII. Adopt operating schemes that improve care, modernize the administration of services and clinical records, encourage the certification of their staff and promote the certification of health care establishments; for this purpose may conclude agreements with each other and with public institutions of the National Health System in order to optimize the use of their facilities and share the provision of services, in terms of the provisions and guidelines applicable;

VIII. To collect, protect and preserve the original proof and proof documentation of the State of the Social Protection System in Health The General Law of Government Accounting and other applicable provisions, in terms of this Title, the General Law of Government Accounting and other applicable provisions, and to provide the Secretariat of Health and the audit bodies competent, the information requested to them, including the amounts and expense concepts, and

IX. Promote the participation of the municipalities in the State Health Protection and their financial contributions through the subscription of agreements, in accordance with applicable state legislation.

Article 77a 6. The Federal Executive, through the Secretariat of Health, and the federal entities shall conclude coordination agreements for the execution of the Social Protection System in Health. For these purposes, the Health Secretariat shall establish the national model to be subject to such agreements, taking into account the opinion of the federal entities.

The following agreements shall stipulate at least the following:

I. The organic and functional modalities of the State Health Social Protection Regulations;

II. The concepts of expense;

III. The destination of the resources;

IV. The monitoring indicators for the operation and the terms of the overall system evaluation, and

V. The profile that the holders of the State Health Social Protection Regulations must cover.

Chapter II

Social Protection Benefits in Health

Article 77a 7.-Families whose individual members meet the following requirements will benefit from the benefits of the Social Health Protection System:

I. Be resident in the national territory;

II. Do not be entitled to social security;

III. Count on Single Population Record Key;

IV. Cover the corresponding family fees, in the terms set out in Article 77 Bis 21 of this Act, and

V. Comply with the obligations set forth in this Title.

Article 77a 8.-The persons referred to in Articles 77 Bis 3 and 77 Bis 4 of this Law shall be considered as beneficiaries of the Social Health Protection System. satisfy the requirements of the previous article, upon request for incorporation.

Article 77a 9.-To increase the quality of services, the Health Secretariat will establish the minimum requirements that will serve as a basis for the attention of the beneficiaries of the Social Protection System in Health. Those requirements shall ensure that service providers comply with the obligations imposed in this Title.

The Secretariat of Health and the federal entities will promote the necessary actions to ensure that the medical units of the agencies and entities of the administration public, both federal and local, that are incorporated into the Social Protection System in Health provide at least the services of external consultation and hospitalization for the basic specialties of internal medicine, general surgery, gynecoobstetrics, pediatrics and geriatrics, according to the level of care, and credit their quality.

Accreditation of the quality of the services provided shall at least consider the following:

I. Benefits aimed at the prevention and promotion of self-care;

II. Application of preventive examinations;

III. Dating scheduling for queries;

IV. Custom attention;

V. Integration of clinical files;

VI. Continuity of care through reference and counter-reference mechanisms;

VII. Prescribing and dispensing medications, and

VIII. Information to the user on diagnosis and prognosis, as well as the provision of therapeutic guidance.

Article 77a 10. The State Health Protection Regulations in Health shall conform to the following bases:

I. Will be responsible for the administration and management of the resources that in terms of Chapters III and IV of this Title are provided for the financing of the Social Protection System in Health; in the case of the resources transferred by the federation referred to in Article 77 Bis 15, fraction I of this law, they must open specific productive bank accounts for their management;

II. Verify that health services, medications, and other associated health inputs are provided in a comprehensive manner, provided that the beneficiaries comply with their obligations;

III. They will strengthen the maintenance and development of health infrastructure, based on the resources they receive in the terms of this Title, the resources necessary for the investment in medical infrastructure, in accordance with the master plan that the Health Secretariat will draw up for the purpose;

IV. You must be accountable and provide the information you have established with respect to the resources that you receive, in the terms of this law and the other applicable, and

V. The others that are included in the coordination agreements to be concluded.

Chapter III

From Contributions to the Social Protection System in Health

Article 77a 11. The Social Protection System in Health will be financed in solidarity by the federation, the federal entities and the beneficiaries in the terms of this Chapter and Chapter V.

The resources to be transferred by the Federation for the financing of the Social Protection System in Health, in any of its modalities, should be computed as part of the social quota or of the federal solidarity contribution referred to in Articles 77 Bis 12 and 77 bis 13 of this Law, respectively.

In cases of non-compliance with payment obligations for the provision of health services to the person, established in the partnership agreements concluded between the federative entities, the Federation, through the Secretariat of Health, of the resources referred to in this Title, corresponding to the debtor federative entity, may assign to the lending federative entity, the amount which represents the payment of validated and non-rejected cases by concept of economic compensation.

Article 77a 12.- The Federal Government will annually cover a social fee for each person affiliated with the Social Protection System in Health, which will be equivalent to 3.92 percent of a general minimum wage in force for the Federal District. The resulting amount shall be updated annually in accordance with the annual variation observed in the National Consumer Price Index.

For the purposes of this article, the start date for the calculation of the update as per the National Consumer Price Index will be January 1. 2009 and the current general minimum wage for the Federal District to be taken into account as a starting point will be that of the same year.

The contribution referred to in this Article shall be delivered to the Federal Entities, when they comply with the provisions of the following Article.

Article 77a 13. To support the Social Protection System in Health, the Federal Government and the governments of the federal entities will make contributions solidarity per person would benefit under the following criteria:

I. The minimum contribution of the federative entities per person shall be equal to half of the share of the share to be determined on the basis of the previous article, and

II. The solidarity contribution by the Federal Government will be made by the distribution of the Fund for Health Services to the Person in accordance with the formula set out in the provisions regulations of this Law. This contribution shall represent at least one and a half times the amount of the social quota fixed in the previous article.

The formula referred to in section II of this article will incorporate compensatory criteria based on the profile of health needs, state economic contribution and the performance of the state health services.

The Health Secretariat will define the variables that will be used to establish each of the compensatory criteria and determine the weight each of them will have in the allocation by formula. It will also provide the information for the variables used for the calculation.

The terms under which the Federal and State Government concurrence will be effective to cover the solidarity contribution will be established in the coordination agreements refers to Article 77 Bis 6 of the Law.

The composition and manner of delivery of the resources corresponding to the contributions referred to in this Article shall be determined in the regulatory provisions and shall be included in the respective agreements.

Article 77a 14. Any additional contribution to the one set out in the previous article of the governments of the federal entities for the social protection in health, will have to be channelled directly through the structures of the state health services.

Article 77a 15. The Federal Government will transfer to the governments of the federal entities, the resources that by way of social quota and contribution This is the responsibility of the members, who do not enjoy the benefits of the social security institutions, validated by the Health Secretariat.

The transfer of resources referred to in the preceding paragraph may be carried out in numbers directly to the federative entities, in numbers by deposits in the accounts constituting the State Health Protection Regulations in the Federation's Treasury, or in kind, in accordance with the guidelines to be issued by the Secretary of Health and the Secretariat of Finance and Public Credit, in the scope of their respective competences, and additionally, will be subject to the following:

I. The transfer of the resources in numerary that is made directly to the federative entities, will be done through their respective treasuries, in the terms that determine the regulatory provisions of this Act and other applicable provisions;

II. The Treasury of the Federation, with the charge of the deposits in the view or in time referred to in this article, may make payments to third parties, for account and order of the State Health Protection System, being obliged to give notice of the provisions that it makes from these deposits to the treasury of its entity for the corresponding accounting and budgetary effects, and

III. The resources in kind will be delivered to the state health services, being obliged to give notice of the delivery to the treasury of its entity for the corresponding accounting and budgetary effects.

Resources that are transferred in kind will be agreed in the corresponding Annex.

The Health Secretariat will establish reference prices to which the federal entities that receive the resources in numerary for the acquisition of medicines.

When an eligible recipient of the Social Protection System in Health is cared for in any federal public sector health establishment, The Ministry of Health will channel directly to the establishment, the amount corresponding to the interventions provided, with the resources to be transferred to the respective State Health Protection System, according to the guidelines to be issued by the Secretariat itself.

Article 77a 16. The resources in the federal number or in kind referred to in this Title, which are transferred or delivered, as the case may be, Federal entities shall not be embargable, nor shall their governments, under any circumstances, impose on them, affectate them as a guarantee, nor assign them for purposes other than those expressly provided for therein.

Such resources shall be administered and exercised by the federal entities in accordance with this Law and, in so far as they do not oppose it, in accordance with their respective laws, as well as on the basis of the coordination arrangements to be concluded for the purpose. The governments of the federative entities shall include in their respective laws of income and budgets of discharges or equivalent orders, the resources specifically intended for the purposes set out in this Title.

In the event that any federal entity has not verified that the resources referred to in this article were intended for the specific purposes for which it was transferred or handed over, the authorities having knowledge of this situation will have the obligation to inform the competent authorities to proceed with their investigation and corresponding sanction. The above, without prejudice to the federative entity reintegrating the resources to the Federation's Treasury, without any partial or full suspension of the health services to the person.

The control and control of the management of the resources referred to in this Chapter shall be carried out in accordance with the terms laid down in Chapter VII of this Title and other applicable provisions.

Federative entities shall keep accounting and submit financial information in respect of the resources referred to in this Title, in accordance with the provisions of this Title. the General Government Accounting Law.

Article 77a 17.-Of the social quota and the solidarity contributions referred to in Articles 77 Bis 12 and 77 Bis 13, the Health Secretariat shall channel 8% annually. of these resources to the Catastrophic Expense Protection Fund established in Chapter VI of this Title.

Article 77a 18. Of the social quota and the solidarity contributions referred to in Articles 77a 12 and 77a 13, the Secretariat of Health shall channel annually 3% of these resources for the constitution of a budget forecast, applying, through an unlimited fund of annuity, two thirds for the needs of infrastructure for primary care and basic specialties preferably in the federative entities with greater social marginalisation, and a third party, subject to annuity, to address the unforeseen differences in the demand for services during each fiscal year.

With this budget forecast, which will be administered by the Health Secretariat, transfers will be made to the federal entities according to the rules that establish the Federal Executive by regulatory provisions.

If, at the end of the corresponding fiscal year, there are remnants in the budget forecast for the attention of the unforeseen differences in the demand for services, the Health Secretariat will channel such remnants to the Catastrophic Expense Protection Fund established in Chapter VI of this Title.

At the end of each financial year, the Secretariat of Health shall submit to the Congress of the Union a detailed report on the use and application of the resources of the Fund to which it refers. this article.

Article 77a 19. It shall be the cause of administrative responsibility for the non-compliance in time and form of the obligations set out in this Title.

Chapter IV

From The Contributions Fund for Health Services to the Community

Article 77a 20. The federal government will establish a Fund for Health Services to the Community, through which resources will be provided be exercised, in accordance with the terms of the Rules of Procedure, by the Secretariat of Health and the Federative Entities to carry out the actions relating to the functions of rectory and the provision of health services to the community, in accordance with the strategic objectives set out in the National Development Plan and the Health Sector Programme, and in accordance with the coordination arrangements that for this purpose are signed.

The Health Secretariat will determine the annual amount of this fund, as well as the distribution of this fund based on the formula established for this purpose. regulations of this Law. Such a formula shall take into account the total population of each federal entity and an adjustment factor for health needs associated with health risks and other factors related to the provision of health services to the community.

The Health Secretariat will define the variables that will be used in the distribution formula of the fund's resources and will provide the information used for the calculation. as to the use of the same, to the Congress of the Union.

Chapter V

Family Quacks

Article 77a 21.-The beneficiaries of the Social Protection System in Health will participate in their financing with family quotas that will be anticipated, annual and progressive, which will be determined on the basis of the socioeconomic conditions of each family, which must be covered in the form and dates determined by the Health Secretariat, except where the family's inability to cover the quota exists. which will not prevent you from entering and being subject to the benefits arising from the Social Protection System in Health.

The regulatory provisions will lay down guidelines for cases where the socio-economic characteristics of beneficiaries will not provide for family allowances.

Article 77a 22. Family fees shall be received, administered and applied in accordance with the provisions of this Law and shall be specifically intended for concepts of expenditure which determine the regulatory provisions of the same and which are necessary for the Social Protection System in Health.

Article 77a 23. Family and regulatory fees, as the case may be established, shall be received, administered and exercised by the State health, through the State Health Protection Regulations, in accordance with the provisions of this Law.

Article 77a 24. The State Health Protection Regimes in Health must present to the Health Secretariat, in accordance with the guidelines establish, the reports necessary for the destination, management and verification of the exercise of the resources corresponding to the family quotas.

Article 77a 25.-For the determination of family quotas, account shall be taken of the socio-economic conditions of the beneficiaries, by means of the application of a standardized instrument fixed at the national level by the Health Secretariat, which will allow them to be located in the appropriate stratum.

Family quota levels may be reviewed annually based on the variation of the National Consumer Price Index.

Article 77a 26.-The level of income or lack thereof may not be limited to access to the Social Protection System in Health.

Article 77a 27.-Under the principle of social solidarity, family shares shall not be returned under any circumstances, nor may they be applied for years in the case of temporary suspension of the benefits of social protection in health.

Article 77a 28.-In order to promote the responsible use of health services, the General Health Council may establish, by means of rules of general, a system of regulatory quotas for some services due to the frequency in their use or specialty or for the supply of associated drugs. Such rules should be considered as the possibility for beneficiaries whose socio-economic status so justifies not to cover the quotas referred to in this Article.

Chapter VI

The Catastrophic Expense Protection Fund

Article 77a 29.-For the purposes of this Title, catastrophic expenses are considered to be incurred from those associated treatments and medications, defined by the General Health Council, which meets health needs through the combination of preventive, diagnostic, therapeutic, palliative and rehabilitation interventions, with explicit criteria of a clinical and epidemiological nature, selected based on their safety, efficacy, cost, effectiveness, adherence to professional ethical standards and social acceptability, involving a high cost by virtue of their degree of complexity or specialty and the level or frequency with which they occur.

With the aim of supporting the financing of the care mainly of beneficiaries of the Social Protection System in Health who suffer from high cost diseases A reserve fund shall be constituted and administered by the Federation, without limits of budgetary annuity, with operational rules defined by the Secretariat of Health.

Article 77a 30. With the aim of strengthening the medical infrastructure of high specialty and its access or regional availability, the Secretariat of Health, through a technical study, will determine the medical units of the agencies and entities of the public administration, both federal and local, that for its characteristics and location can be recognized as regional centers of high craft or construction with public resources of new infrastructure for the same purpose, which provide their services in areas determined by the dependency itself.

For the determination referred to in the preceding paragraph, the Health Secretariat shall take into account the observed reference and counterreference patterns, as well as the information that The State of Social Protection in Health or through the basic information systems that provide the state health services shall be reported annually by the needs of high-specialty care.

Regional centers and other public health service providers of high specialty may receive resources from the fund referred to in this Chapter for the strengthening of its infrastructure, in accordance with the guidelines established by the Secretariat of Health, which will include guidelines for operating a compensation system and the necessary elements to specify the form of financing. the interventions provided by the regional centres.

In order to rationalize the investment in infrastructure of medical facilities of high specialty and to guarantee the availability of resources for the sustainable operation of the services, the Health Secretariat will issue a master plan to which the state health services and the State Health Social Protection services will be subject.

They shall not be considered eligible for participation in the resources of the fund to be established under the terms of this Chapter. a specialty that does not have the Certificate of Need that the Secretary of Health issued for the effect, in accordance with the master plan referred to in the previous paragraph.

Chapter VII

Of the transparency, supervision, control and oversight of the management of the Social Protection System's resources in Health

Article 77a 31. The Social Protection System resources in Health will be subject to the following:

A) Considering the solidarity financing of the Social Protection System in Health, the Federation and the federal entities, in the field of their respective powers, they shall have the necessary to make their management transparent in accordance with the applicable rules on access and transparency to government public information.

For these purposes, both the federation and the State Health Protection and Social Protection Services, through state health services, will disseminate the entire information that they have available regarding universes, coverages, services offered, as well as the financial management of the Social Protection System in Health, among other aspects, in order to favor the accountability of the citizens, so that they can assess the performance of the System.

Also, the State Health Protection Regimes in Health will have the necessary to receive and evaluate the proposals made by the beneficiaries regarding the the resources that they provide and will have the obligation to disseminate, at any opportunity, the necessary information regarding the management of the corresponding resources.

B) For the purposes of this Title, supervision shall be intended to verify compliance with the actions provided for in the field of social protection in health, as well as request, if necessary, the clarification or correction of the action at the time it is verified, for which the information that corresponds may be requested. These activities fall under the responsibility of the Federal Ministry of Health, and the local, of the federal entities, without this being able to imply limitations, or restrictions, of any kind, in the administration and exercise of those resources.

C) In addition to the provisions of this law and other ordinances, federal entities shall submit the information referred to in Article 74 of the Law. General Government Accounting.

The Health Secretariat will make known to the Congress of the Union, in a detailed manner, the information and actions that will be developed based on this Article.

Article 77a 32. The control and control of the management of federal resources that are transferred to the federal entities in the terms of this Title will be carried out by the following authorities, in the following stages:

I. From the beginning of the budgeting process, in terms of federal budget legislation and up to the delivery of the corresponding resources to the Federal entities shall be the responsibility of the Secretariat of the Civil Service;

II. Received federal resources by the federal entities, until their total disposal, shall be the responsibility of the competent authorities for control, supervision and audit, whether federal or local.

Supervision and surveillance shall not imply any limitations or restrictions of any kind on the administration and exercise of such resources.

III. The audit of the public accounts of the federal entities will be carried out by the appropriate Local Congress, through its organ of audit according to its own laws, in order to verify that the premises and entities of the Local Executive applied those resources for the purposes provided for in this Law, and

IV. The Federation's Superior Audit Office, when the Federal Public Account is audited, will verify that the Federal Executive's offices complied with the federal legal and administrative provisions, and for what it does to the execution of the resources referred to in this Title, the same shall be done in terms of the Law of Taxation and Accountability of the Federation.

When federal or local authorities who exercise their supervisory and control powers, know that the federal resources indicated have not been applied for the purposes stated in the Law, they shall do so of the knowledge of the Higher Audit of the Federation and of the Secretariat of the Civil Service immediately and, where appropriate, of the Public Ministry of the Federation.

For its part, when the audit body of a Local Congress finds that the federal resources indicated have not been allocated for the purposes set out in this Law, shall do so for the immediate knowledge of the authorities referred to in the preceding paragraph.

The administrative, civil and penal responsibilities resulting from the affections to the Federal Public Finance, to the state contributions and the family nucleus in which, if necessary, the local authorities will only incur the diversion of the resources for purposes other than those provided for in this Law, they will be sanctioned in the terms of the federal legislation, by the federal authorities, while in the other cases such responsibilities shall be sanctioned and applied by local authorities based on their own laws.

Chapter VIII

From the National Health Protection Commission

Article 77a 33. Repeals.

Article 77a 34. Repeals.

Article 77a 35. The Social Protection System in Health will have a National Commission, as an unconcentrated organ of the Health Secretariat, with the structure and functions assigned to it by its rules of procedure. The holder of the National Commission shall be appointed by the President of the Republic on a proposal from the Secretary of Health, who shall have the resources provided for the operation of the Commission for the same in the budget of the Secretariat of Health.

Chapter IX

Payee Rights and Obligations

Article 77a 36.-The beneficiaries of the Social Protection System in Health are entitled to receive under no discrimination the health services, the medicines and essential inputs required for the diagnosis and treatment of diseases, in the medical units of the public administration, both federal and local, accredited to their choice of State Protection Regulations Social in Health.

Article 77a 37.-The beneficiaries of the Health Social Protection System shall have in addition to the rights set out in the previous article, the following:

I. Receive comprehensive health services;

II. Equal access to care;

III. Dignified, respectful and quality care;

IV. Receive the necessary medicines that correspond to the health services;

V. Receive sufficient, clear, timely and truthful information, as well as the necessary guidance regarding the health care and the risks and alternatives of the diagnostic, therapeutic and surgical procedures indicate or apply;

VI. Learn about the annual report on the management of the Social Protection System in Health;

VII. Count on your clinical record;

VIII. Decide freely about your attention;

IX. Grant or not give your validly informed consent and reject treatments or procedures;

X. Be treated with confidentiality;

XI. Have facilities to obtain a second opinion;

XII. Receive medical care in the emergency room;

XIII. Receive information on the procedures governing the operation of establishments for access to and procurement of health care services;

XIV. Do not cover specific recovery fees for each service they receive;

XV. To file complaints with the State Health Protection or Health Services or the state health services, for the lack or inadequate provision of services set forth in this Title, and to receive information about the procedures, deadlines and ways in which complaints and consultations will be addressed, and

XVI. Be cared for when you become inconformed by the medical care received.

Article 77a 38-The beneficiaries of the Health Social Protection System will have the following obligations:

I. Adopt health promotion and disease prevention behaviors;

II. Make use of the credential that accredits them as beneficiaries as a document of a personal and non-transferable nature and present it whenever health services are required;

III. Be informed about the procedures governing the operation of the establishments for access and health care services;

IV. Collaborate with the health team, reporting truthfully and accurately about their health history, needs, and health problems;

V. Comply with the recommendations, prescriptions, treatment or general procedure to which you have agreed to submit;

VI. Be informed about the risks and alternatives of the therapeutic and surgical procedures that are indicated or applied, as well as the procedures for consultation and complaints;

VII. To cover in a timely manner the family and regulatory fees which, if any, are to be fixed;

VIII. Give respectful treatment to the medical, auxiliary and administrative staff of the health services, as well as to the other users and their companions;

IX. Take care of the facilities of the health facilities and collaborate in their maintenance;

X. Make responsible use of health services, and

XI. Provide in a reliable manner the information necessary to document their incorporation into the Social Protection System in Health and for the definition of the amount to be paid for the family fee.

Chapter X

Suspension and Cancellation Causes to the Health Social Protection System

Article 77a 39.-Social protection coverage in health will be temporarily suspended to any beneficiary family in the following cases:

I. When it does not cover the family or regulatory fees in the form and dates determined by the competent authority, if any, and

II. When the main breadwinner of the beneficiary family joins some federal or state social security institution.

The family fee will cover the beneficiaries in the event of the suspension and the reinstatement of the benefits of the Social Protection System in the same way. budget year.

Article 77a 40.-The benefits of social protection in health and the possibility of reinstatement will be cancelled, when any member of the family would benefit:

I. Perform actions to the detriment of the purposes pursued by the Social Protection System in Health or to affect the interests of third parties;

II. Make misuse of the identification that was issued to you as a payee, and

III. Provide false information about your level of income in the socioeconomic study to determine your family share and on your job status or social security entitlement.

In the application of this article, the Health Secretariat will take as a basis the Federal Law of Administrative Procedure and other applicable provisions.

Article 77a 41.-In cases where the cases referred to in this Chapter are materialized, the persons concerned shall retain the benefits of the Social Protection System. in Health for a period of sixty calendar days from the date of suspension or cancellation. After this deadline, they will be able to access the health services available under the terms and conditions set out in this Law.

TITLE FOURTH

Human Resources for Health Services

CHAPTER I

Professionals, Technicians, and Auxiliary

Article 78. -The exercise of the professions, the technical and ancillary activities and the specialties for health, shall be subject to:

I. The Regulatory Law of Article 5o. Constitutional, concerning the exercise of professions in the Federal District;

II. The coordination bases which, in accordance with the law, are defined between the educational authorities and the health authorities;

III. The provisions of this Law and other applicable legal rules, and

IV. The laws that are issued by the states, based on Articles 5o. and 121, fraction V, of the Political Constitution of the United Mexican States.

Article 79. For the exercise of professional activities in the field of medicine, dentistry, veterinary medicine, biology, bacteriology, nursing, social work, chemistry, psychology, optometry, health engineering, nutrition, dietology, pathology and its branches, and the others that establish other applicable legal provisions, it is required that professional qualifications or certificates of specialization have been legally issued and registered by the authorities competent education.

For the exercise of technical and ancillary activities that require specific knowledge in the field of pre-hospital medical care, medicine, dentistry, veterinary, nursing, clinical laboratory, radiology, optometry, physical therapy, occupational therapy, language therapy, prosthesis and orthotics, social work, nutrition, cytotechnology, pathology, biostatistics, clinical coding, biochemistry, pharmacy, sanitation, histopathology and packaging and its branches, the corresponding diplomas are required to have been legally issued and registered by the competent educational authorities.

Article 80.-For the registration of diplomas of technical and ancillary activities, the Secretariat of Health, at the request of the competent educational authorities, shall issue the corresponding technical opinion.

Article 81.-The issuance of medical specialty diplomas corresponds to the institutions of higher education and health officially recognized before the relevant authorities.

For the performance of medical surgical procedures of specialty it is required that the specialist has been trained to perform the same in health institutions officially recognised to the authorities concerned.

The National Regulatory Committee of Medical Specialties Councils will have the nature of the auxiliary agency of the Federal Public Administration to supervise the training, skills, skills and skill qualification required for certification and recertification of the same in the different medical specialties recognized by the Committee and in the health institutions officially recognised by the authorities concerned.

The Boards of Medical Specialties that have the declaratory of suitability and are recognized by the National Committee of Specialty Councils Physicians, constituted by the National Academy of Medicine of Mexico, the Mexican Academy of Surgery and the Councils of Specialty members, are empowered to issue certificates of their respective medical specialty.

For the issuance of the medical specialist cedula the competent educational authorities shall request the opinion of the National Committee of National Councils of Medical Specialties.

Article 82. -the competent educational authorities shall provide the health authorities with the list of diplomas, diplomas and certificates in the area of health which they have registered and the list of professional cards issued, as well as supplementary information on the subject matter that is required.

Article 83.-Those who exercise professional, technical, and auxiliary activities and medical specialties must make public an announcement that indicates the institution that issued the Title, Diploma, number of its corresponding professional card, and, if applicable, the Certificate of Specialty in force. The same particulars shall be entered in the documents and stationery used in the exercise of such activities and in the publicity they carry out in this respect.

CHAPTER II

Pasant and Professional Social Service

Article 84.-All interns of the health professions and their branches shall provide the social service in the terms of the applicable legal provisions in the field education and those of this Law.

Article 85. -The teaching aspects of the provision of the social service shall be governed by the establishment of the institutions of higher education, in accordance with the powers conferred upon them by the provisions governing their organization and operation, and determining the competent educational authorities.

The operation of the programs in the health facilities will be carried out according to the guidelines established by each one of the health institutions and what they determine the competent health authorities.

Article 86.-For the purposes of the effective provision of the social service of health professions, coordination mechanisms will be established between the health and educational authorities, with the participation of other competent agencies.

Item 87. -The provision of the social service of the interns of the health professions, will be carried out through the participation of the same in the applications of the first level of care, priority in areas of lesser development economic and social.

Article 88.-The Health Secretariat and the governments of the federal entities, in their respective areas of competence, with the participation of the institutions of Higher education shall draw up programmes of a social nature for health professionals, for the benefit of the community, in accordance with the legal provisions applicable to professional practice.

CHAPTER III

Staff Training, Training, and Updating

Article 89. -The educational authorities, in coordination with the health authorities and with the participation of higher education institutions, will recommend standards and criteria for the training of human resources for health.

The health authorities, without prejudice to the competence of the educational authorities and in coordination with them, as well as with the participation of health institutions shall establish the standards and criteria for the training and updating of human resources for health.

Article 90.-Corresponds to the Secretariat of Health and to the governments of the federal entities, in their respective fields of competence, without prejudice to the powers of the the educational authorities in the field and in coordination with them:

I. Promote activities aimed at training, training and updating the human resources required to meet the country's health needs;

II. Support the creation of training centers and updating human resources for health;

III. To provide facilities for teaching and training in service within health facilities, to institutions that have as their object the training, training or updating of health professionals, technicians and auxiliaries, compliance with the rules governing the operation of the former, and

IV. Promote the voluntary participation of health professionals, technicians and auxiliaries in teaching or technical activities.

Article 91.-The Health Secretariat and the governments of the federative entities, in their respective fields of competence, will contribute to the authorities and institutions educational, when requested, at:

I. The marking of the requirements for the opening and functioning of institutions dedicated to the formation of human resources for health, at the different academic and technical levels, and

II. In defining the profile of health professionals in their training stages.

Article 92.-The Health and Public Education Secretaries and the governments of the federative entities, in their respective areas of competence, will promote and promote the training, training and updating of human resources for health services, in accordance with the objectives and priorities of the National Health System, state health systems and educational programs.

Article 93.-The Secretariat of Public Education, in coordination with the Secretariat of Health, will promote the establishment of a system of continuous education in the field of health.

In the same way it will recognize, respect and promote the development of traditional indigenous medicine. The programs of health care, primary care that are developed in indigenous communities, must be adapted to their social and administrative structure, as well as their conception of the health and the relationship of the patient with the physician, always respecting their human rights.

Article 94. -Each health institution, based on the Mexican official standards issued by the Health Secretariat, will establish the basis for the use of its facilities and services in the training of human resources for health.

Article 95. -The teaching aspects of the undergraduate boarding school and the nursing homes will be governed by the establishment of higher education institutions, in accordance with the privileges granted to them by the provisions governing their organisation and operation and what the competent educational authorities determine.

The operation of the corresponding programs in the health facilities, will be carried out according to the guidelines established by each of the health institutions and what the competent health authorities determine.

TITLE FIFTH

Research for Health

ONLY CHAPTER

Article 96.-Health research involves developing actions that contribute:

I. Knowledge of biological and psychological processes in human beings;

II. Knowledge of the links between causes of illness, medical practice and social structure;

III. For the prevention and control of health problems that are considered to be priorities for the population;

IV. To the knowledge and control of the harmful effects of the environment on health;

V. For the study of techniques and methods that are recommended or used for the provision of health services, and

VI. To the national production of health inputs.

Article 97.-The Secretariat of Public Education, in coordination with the Secretariat of Health and with the participation of the National Council of Science and Technology guide the development of scientific and technological research aimed at health.

The Secretariat of Health and the governments of the federal entities, within the scope of their respective competences, will support and stimulate the operation of public establishments intended for health research.

Article 98. In health institutions, under the responsibility of the respective directors or holders and in accordance with applicable provisions, will be:

I. A Research Committee;

II. In the event that investigations are conducted in human beings, an Ethics Committee in Research, which complies with the provisions of Article 41 Bis of this Law, and

III. A Biosafety Committee, which is responsible for determining and normalizing the use of ionising radiation or genetic engineering techniques within the establishment, based on the applicable legal provisions.

The General Health Council will issue additional provisions on areas or modalities of the investigation in which it considers it necessary.

Article 99.-The Secretariat of Health, in coordination with the Secretariat of Public Education, and with the collaboration of the National Council of Science and Technology institutions of higher education, will perform and maintain updating an inventory of research in the health area of the country.

Article 100.- Human research will be developed according to the following bases:

I. It must be adapted to the scientific and ethical principles that justify medical research, especially as regards its possible contribution to the solution of health problems and the development of new fields of medical science;

II. It may be performed only when the knowledge that is intended to be produced cannot be obtained by another suitable method;

III. It may be carried out only where there is reasonable assurance that it does not expose any unnecessary risks or damages to the subject in experimentation;

IV. The written informed consent of the subject on whom the investigation will be conducted, or of his/her legal representative in the event of incapacity, must be counted. legal of the one, once aware of the objectives of the experimentation and of the possible positive or negative consequences for their health;

V. It may only be performed by health professionals in medical institutions acting under the supervision of the competent health authorities.

Conducting population genomic studies should be part of a research project;

VI. The responsible professional shall suspend the investigation at any time, if the risk of serious injury, disability, death of the subject in whom the investigation is conducted;

VII. It is the responsibility of the health care institution to provide medical care to the subject who suffers any harm, if it is directly related to the investigation, without prejudice to the compensation that is legally applicable, and

VIII. The others to set the corresponding regulations.

Item 101. -Who conduct research on human beings in contravention of the provisions of this Law and other applicable provisions, shall be liable to the corresponding penalties.

Article 102. The Health Secretariat may authorize for preventive, therapeutic, rehabilitation or research purposes, employment in human beings medicinal products or materials in respect of which there is still insufficient scientific evidence of their therapeutic efficacy or the modification of the therapeutic indications of already known products is intended. For this purpose, stakeholders must present the following documentation:

I. Written Request;

II. Basic pharmacological and preclinical product information;

III. Previous clinical research studies, when any;

IV. Research protocol, and

V. Letter of acceptance of the institution where the investigation is carried out and the person responsible for the investigation.

Interested parties may submit, with their request, an opinion issued by a third party authorized for this purpose by the Health Secretariat, which shall contain the report the relevant technical safety and scientific validity of the research protocol concerned, in accordance with the applicable provisions, in which case the Health Secretariat shall, within a maximum period of time, resolve the matter. of 30 working days, counted from the day following that of the submission of the application and the opinion issued by the authorised third party.

For the purposes of the preceding paragraph, the Executive Branch through the Secretariat shall, by means of general provisions, establish the requirements, tests and other requirements to be met by persons interested in being recognised as authorised third parties.

Article 102 Bis. The Health Secretariat may enable institutions for the purpose of the provisions of this Chapter to be authorized by this Chapter. for health, which comply with the requirements laid down in Article 391 Bis of this Law and the other provisions laying down the regulatory provisions.

Article 103.- In the treatment of a sick person, the physician may use therapeutic or diagnostic resources under investigation when there is a possibility on the basis of saving life, restoring health or reducing the suffering of the patient, provided that he has the written informed consent of the patient, his legal representative, where appropriate, or the closest family member, and without prejudice to comply with the other requirements laid down by this law and others applicable provisions.

TITLE FIFTH BIS

The Human Genome

ONLY CHAPTER

Article 103 Bis. The human genome is the genetic material that characterizes the human species and contains all the genetic information of the individual, consider it as the basis of the fundamental biological unit of the human being and its diversity.

Article 103 Bis 1. The human genome and knowledge about this is the heritage of humanity. The individual genome of each human being belongs to each individual.

Article 103 Bis 2. No one shall be subject to discrimination, the conculcation of rights, freedoms or dignity on the grounds of their genetic characters.

Article 103 Bis 3. Any study of the human genome shall have the express acceptance of the person subject to it or of its legal representative in terms of the applicable legislation.

In the management of the information, the confidentiality of the genetic data of any group or individual, obtained or preserved for diagnostic purposes and prevention, investigation, treatment or any other purpose, except in cases where there is a court order.

Article 103 Bis 4. You must respect the right of everyone to decide, even for the third person legally authorized, to be informed or not of the results of their genetic examination and their consequences.

Article 103 Bis 5. Scientific research, innovation, technological development and applications of the human genome will be oriented to the protection of health, The respect for human rights, freedom and dignity of the individual is prevalent; subject to the respective regulatory framework.

Article 103 Bis 6. In order to preserve the public interest and ethical sense, in the study, research and development of the human genome as a matter of healthiness The General Secretariat of Health shall establish those cases where control is required in the field, ensuring that the freedom of the investigation concerned is not limited in accordance with Article 3o. constitutional.

Article 103 Bis 7. Who infringes the precepts of this Chapter, will be liable to the penalties laid down by the Law.

TITLE SIXTH

Health Information

ONLY CHAPTER

Article 104.- The Health Secretariat and the governments of the federal entities, within the scope of their respective competencies, and in accordance with the Law of the National Statistical and Geographic Information System, will capture, produce and process the necessary information for the planning, programming, budgeting and control process of the National Health System, as well as on the state and evolution of public health.

The information will, fundamentally, refer to the following aspects:

I. Statistics on birth, mortality, morbidity and disability;

II. demographic, economic, social and environmental factors linked to health, and

III. Physical, human and financial resources available for the protection of the population's health, and their use.

Article 105.- In coordination with the Secretariat of Finance and Public Credit and in accordance with the principles, rules and principles that it establishes, the Secretariat of Health shall integrate the information referred to in the previous article, to develop national health statistics that contribute to the consolidation of a national health information system.

Article 106. The agencies and entities of the Federal Public Administration, the governments of the federal authorities, the municipalities and the authorities of the indigenous communities where appropriate, as well as the natural and moral persons of the sectors social and private, which generate and manage the information referred to in Article 104 of this law, must supply it to the Secretariat of Health, with the periodicity and in the terms that it points out, for the production of national statistics for health.

Article 107. -establishments providing health services, health professionals, technicians and auxiliaries, as well as establishments engaged in the process, use, application or final disposal of the products or which carry out the activities to which they are refer to the tenth and tenth fourth titles of this law, shall bear the statistics indicated to them by the Health Secretariat and shall provide it and the governments of the federal entities, in their respective areas of competence, with the information, without prejudice to the obligations to supply the information To be pointed out by other legal provisions.

Article 108.- The Health Secretariat will guide the training, production, processing, systematization and dissemination of health information, with subject to the general criteria established by the Secretariat of Finance and Public Credit, to which the public sector agencies and entities and the natural and moral persons of the social and private sectors will have to adjust.

Article 109.- The Health Secretariat will provide the Secretariat of Finance and Public Credit with the data that will integrate national health statistics that develop, for incorporation into the National Statistical System, and form part of the instances of participation and consultation that are instituted for those purposes.

Article 109 Bis.- It is for the Health Secretariat to issue the normativity to which electronic registration information systems should be subject to use the institutions of the National Health System to ensure the interoperability, processing, interpretation and security of the information contained in the electronic clinical files.

TITLE SEVENTH

Health Promotion

CHAPTER I

Common Provisions

Item 110. -Health promotion aims to create, preserve and improve the desirable conditions of health for the entire population and to promote in the individual the appropriate attitudes, values and behaviors to motivate their participation to the benefit of the individual and collective health.

Article 111. The promotion of health includes:

I. Education for health;

II. Nutrition;

III. Control of the harmful effects of the environment on health, adopting measures and promoting strategies for mitigation and adaptation to the effects of climate change;

IV. Occupational health, and

V. Healthcare Promotion

CHAPTER II

Education for Health

Article 112. Health education is intended to:

I. To foster in the population the development of attitudes and behaviors that allow it to participate in the prevention of individual, collective and accidents, and to protect themselves from the risks that endanger their health;

II. Provide the population with knowledge on the causes of disease and damage caused by the harmful effects of the environment on health; and

III. Orienting and training the population preferably in nutrition, mental health, oral health, sexual education, family planning, care palliative, risk of self-medication, prevention of pharmacodependence, occupational health, visual health, hearing health, adequate use of health services, prevention of accidents, donation of organs, tissues and cells for therapeutic purposes, prevention of disability and rehabilitation of people with disabilities disability and timely disease detection.

Article 113.-The Secretariat of Health, in coordination with the Secretariat of Public Education and the governments of the federal entities, and with the collaboration of health sector agencies and agencies, will formulate, propose and develop health education programs, seeking to optimize resources and achieve total population coverage.

Dealing with indigenous communities, the programs referred to in the previous paragraph, must be disseminated in Spanish and the indigenous language or languages that correspond.

CHAPTER III

Nutrition

Article 114.-For the attention and improvement of the nutrition of the population, the Health Secretariat will participate, on a permanent basis, in the food programs of the Federal Government.

The Health Secretariat, health sector entities, and the governments of the federal entities, in their respective fields of competence, will formulate and develop nutrition, promoting participation in the same national and international agencies whose activities are related to nutrition, food, and their availability, as well as social and private sectors.

Article 115.-The Health Secretary will be in charge:

I. Establish a permanent system for the epidemiological surveillance of nutrition;

II. Normar the development of education programmes and activities in the field of nutrition, prevention, treatment and control of malnutrition and obesity, aimed at promoting adequate food habits, preferably in social groups more vulnerable.

III. Normar the establishment, operation and evaluation of nutrition services in the areas to be determined, in the light of the greatest deficiencies and health problems;

IV. Normar the nutritional value and characteristics of food in collective service establishments and in food and non-alcoholic beverages.

V. To promote chemical, biological, social and economic research, aimed at knowing the nutritional conditions prevailing in the population and establishing the minimum needs for nutrients, for the maintenance of good health conditions of the population;

VI. Recommend the diets and procedures that lead to the effective consumption of the minima minimums by the general population, and provide in the sphere of their competence to such consumption;

VII. Establish the nutritional needs that need to be met by basic food tables. In the case of industrial wheat and maize flour, compulsory fortification of wheat and maize shall be required, indicating the nutrients and quantities to be included.

VIII. To provide the Secretariat of Economics with the technical elements in nutritional matters, for the purposes of issuing Mexican official standards.

CHAPTER IV

Effects of the Environment on Health

Article 116. -The health authorities shall lay down the rules, take the measures and carry out the activities referred to in this Law to protect human health from the risks and damages dependent on the conditions of the environment.

Article 117.- The formulation and conduct of the environmental sanitation policy corresponds to the Secretariat of Environment and Natural Resources in coordination with the Secretariat of Health, regarding human health.

Article 118. Corresponds to the Secretary of Health:

I. Determine the maximum permissible concentration values for the human being of pollutants in the environment;

II. To issue the technical standards to be subjected to water treatment for human use and consumption;

III. Establish health criteria for the setting of particular conditions for discharge, treatment and use of waste water or, where appropriate, for the development of official Mexican environmental standards;

III Bis. Determine and assess the health risks to which the population is exposed in the event of events caused by natural phenomena caused by climate change;

IV. Promote and support basic sanitation;

V. Advise on public and private works health engineering criteria for any use;

VI. Exercise the sanitary control of the general communication routes, including auxiliary services, works, buildings, other dependencies and accessories thereof, and of vessels, railways, aircraft and land vehicles intended for freight and passenger transport, and

VII. In general, engage in activities similar to previous ones in situations that cause or may cause risks or harm to people's health.

Article 119. It is up to the Health Secretariat and the governments of the federative entities, in their respective fields of competence:

I. Develop permanent and systematic research of the risks and damages that environmental pollution causes for the health of the population;

I Bis. Formulate programs for the attention and control of the harmful effects of the environment on health that they consider, among others, aspects of climate change;

II. Monitor and certify water quality for human use and consumption, and

III. Monitor radiation safety for the use and use of radiation sources for medical use without prejudice to intervention by other competent authorities.

IV. Provide and verify that up-to-date toxicological information is available, setting out the health impact response measures arising from the use of toxic or hazardous substances.

Article 120.-The Health Secretariat and the governments of the federative entities, in their respective fields of competence, will coordinate with the agencies and entities competent public sector for the provision of the services referred to in this Chapter.

Article 121. -Persons involved in the supply of water may not abolish the provision of drinking water services and the accommodation of inhabited buildings, except in cases which determine the applicable general provisions.

Article 122. -the discharge of waste water without the treatment to satisfy the health criteria issued in accordance with Article 118 (III), as well as hazardous waste involving risks to public health, shall be prohibited; of water intended for human use or consumption.

Article 123.- The Health Secretariat shall provide the Secretariat of the Economy and, in general, with the other competent authorities, the health technical requirements. for the storage, distribution, use and management of natural gas, liquefied petroleum gas and other gaseous industrial products which are highly dangerous, do not affect the health of persons, which shall be mandatory, and in their case, they must be incorporated into the Mexican official rules.

Article 124.-For the purposes of this law it is understood by radiation sources any device or substance that emits ionizing radiation in a quantifiable manner. These sources can be of two kinds: those that contain radioactive material as a generator of the radiation and those that generate it based on an appropriate electromechanical system.

Article 125. -requires health authorization, possession, trade, import, export, distribution, transport and use of radiation sources of medical use; as well as the elimination and dismantling of the same and the final disposition of their wastes, and must be subject to health conditions, as provided for in this law and other applicable provisions.

With regard to X-ray units of dental use, it is sufficient that the owner notifies the health authority in writing of its acquisition, use, sale or final disposal. within the next ten days. Their use shall be subject to the radiation safety standards that are issued.

The Secretariat of Health in coordination with the other agencies involved, will issue the rules to be held responsible for the process of radiation sources ionising for use other than medical treatment.

In the case of radiation sources of medical or diagnostic use, the Health Secretariat will issue the authorizations in a coordinated manner with the National Security Commission. Nuclear and Safeguards.

Article 126. -Construction of works or installations, as well as the operation or operation of the existing ones, where radiation sources are used for medical, industrial, research or other purposes must observe the official Mexican norms of radiation safety to be emitted.

The Health Secretariat and federal, state and municipal authorities in their respective areas of competence will coordinate to prevent the installation or construction of businesses, services and houses in the surrounding areas where any establishment that poses a serious risk to the health of the population works.

Article 127. -Without prejudice to the Federal Labour Law and its regulations, in relation to dangerous and unhealthy work, the human body may be exposed only to radiation within the maximum permissible limits laid down by the Secretariat of Health, including its applications for medical, diagnostic and therapeutic research.

CHAPTER V

Occupational Health

Article 128.-Work or activities are commercial, industrial, professional or otherwise, they will be adjusted, as far as the protection of health is concerned, to the rules which are dictated by the health authorities, in accordance with this Law and other legal provisions on occupational health.

When such work and activities are carried out in workplaces whose employment relations are subject to section "A" of Article 123 of the Constitution, the health authorities be coordinated with the work for the issue of the respective standards.

Article 129.-For the purposes of the previous Article, the Health Secretary will be in charge:

I. Establish the criteria for the use and management of substances, machinery, equipment and apparatus, in order to reduce the health risks of the occupational personnel exposed, with particular emphasis on the management of radioactive substances and radiation sources.

II. Determine the maximum permissible limits of exposure of a worker to pollutants, and coordinate and conduct toxicology studies in this respect; and

III. To exercise, together with the governments of the federative entities, the sanitary control over the establishments in which occupational activities are carried out, for the fulfilment of the requirements that in each case must gather, of conformity with which they lay down the respective regulations.

Article 130.-The Health Secretariat, in coordination with the labor authorities and public social security institutions, and the governments of the entities In their respective areas of competence, they will promote and disseminate multidisciplinary research to prevent and control occupational diseases and accidents, and studies to match instruments and equipment. work to the characteristics of man.

Article 131.-The Health Secretariat will carry out programs aimed at preventing accidents and work diseases. In the case of work subject to the "A" Rule 123 Constitutional procedure will do so in a coordinated manner with the Secretariat of Labor and Social Welfare.

Article 132.-For the purposes of this law they are considered to be under the name of establishments, premises and their facilities, dependencies and attachments, are covered or discovered, whether fixed or mobile, whether they are of production, processing, storage, distribution of goods or services, in which an occupational activity is carried out.

TITLE EIGHTH

Disease and Accident Prevention and Control

CHAPTER I

Common Provisions

Article 133.-In the field of disease prevention and control, and without prejudice to the provision of occupational safety and social security laws of the work, corresponds to the Secretariat of Health:

I. Dictate Mexican official standards for disease and accident prevention and control;

II. Establish and operate the National System of Epidemiological Surveillance, in accordance with this Law and the provisions to be issued;

III. Carry out the programs and activities that it deems necessary for the prevention and control of diseases and accidents, and

IV. Promote the collaboration of the institutions of the public, social and private sectors, as well as professionals, technicians and auxiliaries for the health and the general population, for the optimal development of the programs and activities to which Fractions II and III refer to.

CHAPTER II

Communicable Diseases

Article 134.-The Health Secretariat and the governments of the federal entities, in their respective fields of competence, shall carry out epidemiological surveillance activities, for the prevention and control of the following communicable diseases:

I. Cholera, typhoid fever, parathyphoid, shigellosis, amibiasis, viral hepatitis, and other infectious diseases of the digestive system;

II. Epidemic influenza, other acute respiratory tract infections, meningococcal infections and diseases caused by strep;

III. Tuberculosis;

IV. Diphtheria, tosferin, tetanus, measles, poliomyelitis, rubella and infectious mumps;

V. Rabies, plague, brucellosis and other zoonoses. In these cases, the Health Secretariat will coordinate its activities with the Ministry of Agriculture and Water Resources.

VI. Yellow fever, dengue and other viral diseases transmitted by arthropods;

VII. Paludism, tifo, recurrent fever transmitted by lice, other rickettsiosis, leishamaniasis, trypanosomiasis, and onchocercosis;

VIII. Syphilis, gonococcal infections and other sexually transmitted diseases;

IX. Lepra and pinto evil;

X. Deep Mycosis;

XI. intestinal and extra-intestinal Helmintiasis;

XII. Toxoplasmosis;

XIII. Acquired Immunodeficiency Syndrome (AIDS), and

XIV. The others to be determined by the General Health Council and international treaties and conventions in which the United Mexican States are parties and which have been concluded in accordance with the provisions of the Political Constitution of the United States of America. United Mexican States.

Article 135.-The Health Secretariat will prepare and carry out, in coordination with the health sector institutions and with the governments of the federal entities, temporary or permanent programmes or campaigns for the control or eradication of communicable diseases which constitute a real or potential problem for the general health of the Republic.

Article 136. -Notification to the Health Secretariat or to the nearest health authority of the following diseases is mandatory and in the following terms:

I. Immediately, in the individual cases of diseases covered by the International Health Regulations yellow fever, plague and cholera;

II. Immediately, in cases of any disease that is present in the form of an outbreak or epidemic;

III. Within a period of not more than 24 hours in individual cases of diseases subject to international surveillance: poliomyelitis, meningococcal meningitis, epidemic tifo, recurrent fever transmitted by lice, viral influenza, malaria, measles, tosferin, as well as diphtheria and human cases of Venezuelan equine encephalitis, and

IV. Within a period of not more than 24 hours, of the first individual cases of other communicable diseases that occur in an uninfected area.

In addition, immediate notification to the nearest health authority will be required, in cases where the presence of the human immunodeficiency virus (HIV) or the virus is detected. antibodies to said virus, in some staff.

Article 137. -People who exercise medicine or who carry out related activities are obliged to give notice to the health authorities of cases of communicable diseases; subsequently to their diagnosis or diagnostic suspicion.

Article 138. -They are obliged to give notice, in the terms of Article 136 of this Law, the heads or heads of laboratories, the directors of medical units, schools, factories, workshops, nursing homes, heads of offices, commercial establishments or any other kind and, in general, any person who, under ordinary or accidental circumstances, is aware of any of the diseases referred to in this Law.

Article 139. -The measures that are required for the prevention and control of the diseases listed in Article 134 of this Law, must be observed by the individuals. The exercise of this action shall comprise one or more of the following measures, as appropriate:

I. The confirmation of the disease by the available clinical means;

II. The isolation, for the time strictly necessary, of the sick, of those suspected of suffering from the disease and of the carriers of germs of the same, as well as the limitation of their activities when it so deserves for reasons epidemiological;

III. The observation, to the extent required, of human and animal contacts;

IV. The application of sera, vaccines and other preventive and therapeutic resources;

V. Microbial or parasitic decontamination, disinfection and disinterment of areas, rooms, clothes, utensils and other objects exposed to pollution;

VI. The destruction or control of vectors and reservoirs and of natural or artificial sources of infection, when they are health hazards;

VII. The inspection of passengers who may be carriers of germs, as well as of baggage, means of transport, goods and other objects which may be sources or vehicles of pathogens, and

VIII. The others to determine this Law, its regulations and the Health Secretariat.

Article 140. -The non-health authorities shall cooperate in the exercise of the action to combat communicable diseases by establishing the measures they deem necessary, without contravening the provisions of this Law, to be issued by the Council of Health General and the Mexican official rules that the Secretary of Health dictates.

Article 141.-The Health Secretariat will coordinate its activities with other agencies and public entities and with the governments of the federal entities, for the research, prevention and control of communicable diseases.

Article 142. -Health professionals, technicians and auxiliaries, having knowledge of a case of communicable disease, are required to take the necessary measures, according to the nature and characteristics of the disease, applying the resources to its scope to protect individual and collective health.

Article 143. -Health workers of the Secretariat of Health and of the governments of the federal entities, and those of other institutions authorized by the health authorities mentioned, for technical needs of the specific programs of prevention and control of diseases and for situations that endanger the health of the population, they will be able to access inside all kinds of local or house room for the fulfillment of activities entrusted to their responsibility, for whose purpose they must be duly accredited by one of the health authorities competent, in the terms of the applicable provisions.

Article 144. -vaccinations against tosferin, diphtheria, tetanus, tuberculosis, poliomyelitis and measles, as well as other communicable diseases that the Health Secretariat will need in the future, will be mandatory in the terms to set this dependency. The same Secretariat shall determine the sectors of the population to be vaccinated and the conditions under which the vaccines must be provided, in accordance with the programmes to be established for the purposes of the programmes. health institutions.

Article 145.-The Health Secretariat will establish Mexican official rules for the control of persons engaged in work or activities, through which may spread some of the communicable diseases referred to in this Law.

Article 146. -Laboratories handling pathogens shall be subject to control by the competent health authorities, in accordance with the official Mexican rules issued by the Secretariat of Health, as regards precautions hygiene to be observed, in order to prevent the spread of diseases communicable to man. When this represents danger to animal health. the opinion of the competent authorities shall be heard.

Article 147.-In the places of the national territory in which any communicable disease acquires serious epidemic characteristics, in the opinion of the Secretariat of Health, Civil, military and private authorities will be obliged to cooperate with the health authorities in the fight against the disease, as in the adjacent places exposed to the spread.

Article 148. -Health authorities competent to use as auxiliary elements in the fight against epidemics, all medical and social assistance resources of the public, social and private sectors existing in the regions affected and in the adjacent ones, in accordance with the provisions of this Law and the applicable regulations.

Article 149.-Only with the authorization of the Secretary of Health will the hospitalization be allowed in the national territory of persons suffering from infectious diseases in period of transmissibility, which are carriers of infectious agents or are suspected to be in the incubation period due to the origin of infected places.

Item 150. -Health authorities will point out the type of sick or germ carriers that may be excluded from meeting sites, such as hotels, restaurants, factories, workshops, jails, offices, schools, dormitories, rooms collective, entertainment and sports centres.

Article 151. -The isolation of persons suffering from communicable diseases shall be carried out on appropriate sites, in the opinion of the health authority.

Article 152. -Health authorities may order, for reasons of epidemic, the temporary closure of premises or assembly centres of any kind.

Article 153. -The transport of patients suffering from communicable diseases must be carried out in vehicles fitted for this purpose; in the absence of such vehicles, those authorised by the health authority may be used. They may be used for other purposes at a later date, subject to the implementation of the measures.

Article 154. -the health authorities shall determine the cases in which microbial or parasitic decontamination, disinfection, disinterment, de-infestation or other measures for the sanitation of places, buildings, vehicles and objects should be carried out.

Article 155.-The Health Secretariat shall determine the manner in which the products, by-products, waste and animal carcasses are available, when they constitute a risk of disease transmission to man or contamination of the environment at risk to health.

Article 156. -It is considered dangerous for the general health of the Republic the holding, use or use of animals of any kind, when they are:

I. Source of infection, in the case of zoonoses;

II. The intermediary host of vehicles that can contribute to the spread of diseases communicable to man, and

III. Vehicle of diseases communicable to man, through its products.

Article 157.-The introduction or transport by the national territory of animals suffering from a disease communicable to man, of corpses of those, is prohibited. as the trade with their products. In addition, the introduction or transport of animals from areas deemed to be infected by the health authority is prohibited.

Article 157 Bis.- The Health Secretariat and the governments of the federal entities, in the field of their respective competencies, will coordinate for the promotion the use of the condom, prioritizing populations with the greatest vulnerability and risk of contracting HIV/AIDS infection and other sexually transmitted diseases.

CHAPTER III

Non-Communicable Diseases

Article 158.-The Health Secretariat and the governments of the federal entities, in their respective fields of competence, will carry out prevention and control activities non-communicable diseases that are determined by the health authorities themselves.

Article 159. -the exercise of the action for the prevention and control of non-communicable diseases shall comprise one or more of the following measures, as appropriate:

I. The timely detection of non-communicable diseases and the risk assessment of contracting them;

II. The disclosure of hygiene measures for the control of disorders;

III. The specific prevention in each case and the monitoring of their compliance;

IV. The conduct of epidemiological studies, and

V. The permanent dissemination of diets, eating habits and procedures that lead to the effective consumption of minimum nutrition by the general population, recommended by the Secretariat itself, and

VI. Other necessary for the prevention, treatment and control of the conditions presented in the population.

Article 160.-The Health Secretariat will coordinate its activities with other agencies and public entities and with the governments of the federal entities, for the research, prevention and control of non-communicable diseases.

Article 161. -Health professionals, technicians and auxiliaries shall be required to report to the health authority on non-communicable diseases, in the terms of regulations that are issued for this purpose.

CHAPTER IV

Accidents

Article 162.-For the purposes of this Law, the sudden event is understood to cause damage to health, and to occur due to the concurrency of conditions potentially preventable.

Article 163. The action in the field of accident prevention and control includes:

I. Knowledge of the most common causes causing accidents;

II. The adoption of measures to prevent accidents;

III. The development of research for the prevention of them;

IV. The promotion, within the health education programs, of the population orientation for the prevention of accidents;

V. Attention to the conditions that occur as a result of them, and

VI. The promotion of community participation and training in prevention and first aid of accidents.

For the greater effectiveness of the actions referred to in this Article, the National Council for the Prevention of Accidents of which representatives of the public, social and private sectors.

Article 164.- The Health Secretariat will coordinate its activities with the Secretariat of Labor and Social Security as well as with the Secretariat of Communications and Transport and in general, with the public agencies and agencies and with the governments of the federative entities, for the investigation, prevention and control of the accidents.

The Secretary of Health must make agreements with the governments of the federal entities to determine the comprehensive psycho-physical examinations that will be carried out prior requirement for the issue or revalidation of driver's licenses, as well as for other accident prevention measures.

Article 165.-The Health Secretariat shall, in the field of its competence, and without prejudice to the powers of the Secretariat of Labor and Social Welfare, with laws governing the risks of work, Mexican official regulations for the prevention of accidents, and will promote coordination with the public sector and consultation and induction, if any, with the social and private sectors for its application.

Article 166. -Health services provided by social security institutions for the purpose of occupational risks shall be governed by their own laws and other applicable legal provisions and shall comply with the Mexican official rules on health. In this case, the health authorities shall encourage the coordination of actions in the field of hygiene and accident prevention with these institutions.

TITLE Eighth BIS

From Palliative Care to Sick in Terminal Situation

CHAPTER I

Common Provisions

Article 166 Bis. This title is intended to:

I.      Safeguarding the dignity of the terminally ill, in order to guarantee a quality of life through the care and medical care necessary to this end;

II.    To ensure a natural death in conditions worthy to the sick in terminal situation;

III.   Establish and guarantee the rights of the terminally ill patient in relation to their treatment;

IV.    Make known the boundaries between curative and palliative treatment;

V.     Determine the ordinary and extraordinary means in the treatments; and

VI.    Set the limits between the defense of the life of the terminally ill and the therapeutic obstinacy.

Article 166 Bis 1. For the purposes of this Title, the following definitions shall

:

I. Illness in terminal state. To any recognized, irreversible, progressive and incurable disease that is in advanced condition and whose prognosis of life for the patient is less than 6 months;

II. Basic care. Hygiene, feeding and hydration, and in its case the handling of the permeable airway;

III. Palliative Care. It is the active and total care of those diseases that do not respond to curative treatment. Pain control, and other symptoms, as well as the attention of psychological, social, and spiritual aspects;

IV. Sick in terminal situation. It is the person who has an incurable and irreversible disease and who has a life prognosis of less than six months;

V. Therapeutic obstination. The adoption of disproportionate or useless measures in order to lengthen life in agony;

VI. Extraordinary means. Those who are too serious for the patient and whose injury is greater than the benefits; in which case, these means may be assessed in comparison with the type of therapy, the degree of difficulty and the risk involved, the costs necessary and the possibilities of application with respect to the result that can be expected from all of this;

VII. Ordinary media. Those that are useful to preserve the life of the sick person in a terminal situation or to cure him and that do not constitute, for him a serious or disproportionate burden to the benefits that can be obtained;

VIII. Natural death. The natural death process of a terminally ill patient, with physical, psychological and, if necessary, spiritual assistance; and

IX. Pain treatment. All measures provided by health professionals, aimed at reducing the physical and emotional suffering caused by a terminal illness, aimed at improving the quality of life.

Article 166 Bis 2. It is up to the National Health System to guarantee the full, free and informed exercise of the rights indicated by this Law and other applicable laws, to the patients in terminal situations.

CHAPTER II

Of The Rights of the Sick in Terminal Situation

Article 166 Bis 3. Patients who are terminally ill have the following rights:

I. Receive comprehensive health care;

II. Entering health institutions when requiring medical attention;

III. voluntarily leave the health institution in which you are hospitalized, in accordance with applicable provisions;

IV. Receiving a dignified, respectful, and professional treatment to preserve their quality of life;

V. Receive clear, timely and sufficient information about the conditions and effects of your disease and the types of treatments you may choose to disease that you have;

VI. Give your informed consent in writing for the application or otherwise of treatments, medications and palliative care appropriate to your illness, needs and quality of life;

VII. Ask your doctor to administer pain-mitigating medications;

VIII. Resign, abandon, or refuse at any time to receive or continue treatment that you consider extraordinary;

IX. Opting to receive palliative care at a particular address;

X. Designate, any family member, legal representative, or a person of their trust, in case the disease progresses, is prevented from expressing their will, do so in its representation;

XI. To receive the spiritual services, when requested by him, his family, legal representative or person of his or her trust; and

XII. The others that the laws point to.

Article 166 Bis 4. Every older person, in full use of his or her mental faculties, can, at any time and regardless of his or her health, express his will in writing before two witnesses, whether or not to receive any treatment, in case he is suffering from a disease and to be in a terminal situation and not be able to manifest this will. This document may be revoked at any time.

In order to validate the will provision referred to in the preceding paragraph, you must adhere to the provisions of this Law and other applicable provisions.

Article 166 Bis 5. The patient in terminal situation, older and in full use of his mental faculties, has the right to the voluntary suspension of curative treatment and as a consequence to the beginning of strictly palliative treatment in the form and terms provided for in this Law.

Article 166 Bis 6. The voluntary suspension of curative treatment involves the cancellation of any medication that seeks to counteract the patient's terminal illness and the initiation of treatments focused exclusively on the reduction of pain or discomfort. of the patient.

In this case, the doctor who specializes in the condition of the terminal patient interrupts, suspends or does not initiate the treatment, the administration of medications, the use of instruments or any procedure that contributes to the prolongation of the life of the patient in a terminal situation, leaving the patient to evolve naturally.

Article 166 Bis 7. The patient in terminal condition who is receiving palliative care, may request to receive the curative treatment again, ratifying his decision in writing to the appropriate medical staff.

Article 166 Bis 8. If the terminally ill person is a minor, or is unable to express his or her will, the decisions resulting from the rights set out in this Title shall be taken by the parents or the guardian and in the absence of such a guardian. legal representative, person of his or her senior trust or judge in accordance with the applicable provisions.

Article 166 Bis 9. Palliative care will be provided from the time the terminal condition of the disease is diagnosed, by the specialist physician.

Article 166 Bis 10. Family members of the terminally ill have an obligation to respect the decision voluntarily taken by the patient in the terms of this title.

Article 166 Bis 11. In cases of medical urgency, and there is an inability of the terminally ill to express their consent, and in the absence of family, legal representative, guardian or person of trust, the decision to apply a surgical medical procedure or necessary treatment, shall be taken by the specialist physician and/or by the Bioethics Committee of the institution.

Article 166 Bis 12. All the documents referred to in this Title shall be governed in accordance with the provisions of the Regulation and other applicable provisions.

CHAPTER III

Of the Faculties and Obligations of Health Institutions

Article 166 Bis 13. The Institutions of the National Health System:

I. They will provide the service for care due to terminally ill patients;

II. Provide guidance, counseling, and follow-up services to the terminally ill patient and/or their trusted family or person in the event that palliative care is performed at the particular address;

III. Similarly, in the event that palliative care is performed at the particular address, the Secretariat will put into operation a telephone line of free access to the east, advice and follow up to the terminally ill patient or his or her family members or person of their trust;

IV. They will provide the palliative care corresponding to the type and degree of disease, from the time of the diagnosis of the terminal illness to the last time;

V. They will encourage the creation of specialized areas that pay attention to the terminally ill; and

VI. They will guarantee the permanent training and updating of human resources for health, in the field of palliative care and care for patients in terminal situation.

CHAPTER IV

Of Rights, Faculties and Obligations of Health Physicians and Personnel

Article 166 Bis 14. The treating physicians and the healthcare team that provides palliative care, for the best performance of their services, must be properly trained humanely and technically, by institutions authorized to do so.

Article 166 Bis 15. Medical specialists in the second and third level institutions will have the following obligations:

I. Provide all the information the patient requires, as well as the information the physician deems necessary for the terminally ill patient to take a free and informed decision on their care, treatment and care;

II. Order the informed consent of the terminally ill patient, in writing before two witnesses, for the treatments or measures to be taken in respect of the terminal disease;

III. inform the patient in terminal condition, when the curative treatment does not result;

IV. Inform the terminally ill patient about options that exist for palliative care;

V. Respect the decision of the terminally ill patient in terms of curative treatment and palliative care, once explained in terms of simple the consequences of your decision;

VI. Ensure that basic care or treatment is provided to the patient at all times;

VII. Seek the minimum measures necessary to preserve the quality of life of the terminally ill;

VIII. Respect and apply any and all measures and procedures for cases that this law points to;

IX. Let the patient know, immediately and before application, whether the treatment to be followed to relieve pain and the symptoms of his/her illness will have the possible side effects decrease life time;

X. Request a second opinion from another specialist physician, when your diagnosis is a terminal illness; and

XI. The others that point to it and other laws.

Article 166 Bis 16. Medical practitioners may provide palliative drugs to a terminally ill patient, even if the state of alert is lost. The patient's life is shortened, as long as these palliative drugs are provided in order to relieve the pain of the patient.

They may be used, if necessary in accordance with the provisions of this Law on Opioid Analgesics. In these cases the consent of the patient will be necessary.

In no case will such drugs be supplied in order to shorten or terminate the patient's life, in such a case it will be subject to the penal provisions applicable.

Article 166 Bis 17. The treating physicians, in no case and for no reason will implement extraordinary means to the ill in terminal situation, without their consent.

Article 166 Bis 18. To ensure a quality of life and respect for the dignity of the terminally ill patient, medical personnel should not apply treatments or measures considered as therapeutic obstinacy or extraordinary means.

Article 166 Bis 19. Medical personnel who cease to provide basic care to the terminally ill will be punished as established by applicable laws.

Article 166 Bis 20. Medical personnel who, by their own decision, stop providing any treatment or care without the consent of the sick person terminal, or in case you are prevented from expressing your will, that of your family or person of trust, will be sanctioned as established by applicable laws.

Article 166 Bis 21. It is prohibited, the practice of euthanasia, understood as homicide by piety as well as assisted suicide according to the Federal Criminal Code, under the protection of this law. In such a case it shall be subject to the provisions of the applicable criminal provisions.

TITLE NINTH

Social Assistance, Disability Prevention and Rehabilitation of Persons with Disabilities

ONLY CHAPTER

Article 167.-For the purposes of this Law, it is understood by Social Assistance the set of actions aimed at modifying and improving the circumstances of social character that prevent the individual from his or her integral development, as well as the physical, mental and social protection of people in a state of need, lack of protection or physical and mental disadvantage, until their incorporation into a full and productive life.

Article 168. -They are basic activities of Social Assistance:

I. The attention to people who, because of their socio-economic deficiencies or their condition of disability, are prevented from meeting their basic subsistence and development requirements;

II. Attention in specialized establishments to minors and the elderly in the state of abandonment or helplessness and people with disabilities without resources;

III. The promotion of senescent welfare and the development of preparation actions for senescence;

IV. The exercise of the guardianship of minors, in the terms of applicable legal provisions;

V. The provision of legal assistance and social guidance services, especially to minors, the elderly, and people with disabilities without resources;

VI. The conduct of research on the causes and effects of priority social assistance problems;

VII. The promotion of the conscious and organized participation of the population with deficiencies in the actions of promotion, assistance and social development that are carried out for their own benefit;

VIII. Support for education and training for the work of people with socioeconomic deficiencies, and

IX. The provision of funeral services.

Article 169. -To encourage the development of public social assistance programs, the Secretariat of Health, with the intervention that corresponds to the body referred to in Article 172 of this Law, in coordination with the agencies and entities of the sector health and with the governments of the federal entities, will promote the channeling of resources and technical support.

It will also seek to provide the necessary support to social assistance programmes, to encourage the expansion of the benefits of its activity, giving the rules for same.

Article 170.-Children in a state of social protection are entitled to receive the care services they need in any public establishment they are referred for their attention, without prejudice to the intervention of other competent authorities.

Article 171. -The members of the National Health System should give preferential and immediate attention to minors and the elderly who are subjected to any form of abuse that endangers their physical and mental health. They will also give that attention to those who have been subject to the commission of crimes that are against the physical or mental integrity or the normal psycho-somatic development of the individuals.

In these cases, health institutions will be able to take immediate measures that are necessary for the protection of the health of minors and the elderly, without prejudice to intervention to the competent authorities.

Article 172.-The Federal Government will have a body that will have among its objectives the promotion of social assistance, provision of services in this field and the implementation of the other actions which lay down the applicable legal provisions. It shall promote the systematic interrelationship of actions which the public institutions carry out in the field of social assistance.

Article 173. For the purposes of this Law, disability is understood to be physical, mental, intellectual or sensory deficiencies, whether permanent or temporary, which, due to congenital or acquired reason, presents a person who, when interacting with the barriers imposed on it by the social environment, can prevent its full and effective inclusion on a level playing field with others.

Article 174. Attention to the prevention of disability and rehabilitation of people with disabilities includes:

I. Research into the causes of disability and the factors that condition it;

II. The promotion of community participation in the prevention and control of causes and conditioning factors of disability;

III. Early identification and timely care of physical, mental and social processes that may cause disability;

IV. The educational orientation in the field of rehabilitation to the general community, and in particular to the families that have a person with disability, promoting social solidarity to the effect;

V. The comprehensive care of people with disabilities, including the adaptation of prostheses, orthotheses, and functional aids that they require;

VI. The promotion to match urban and architectural facilities to the needs of people with disabilities, and

VII. The promotion of education and training for work, as well as the promotion of the employment of people in the process of rehabilitation.

Article 175. The Secretariat of Health will establish Mexican national standards of national nature in the field of disability prevention and rehabilitation of persons with disabilities, and coordinate, monitor and evaluate their compliance by public, private social institutions pursuing these aims.

Article 176. -The rehabilitation services provided by the establishments in the health sector shall be systematically linked to the rehabilitation and social assistance provided by the body referred to in Article 172.

Article 177. The Secretariat of Health through the agency referred to in Article 172 of this Law, and the governments of the federative entities, in coordination and in their respective fields of competence, will promote the establishment of centers and services of somatic, psychological, social and occupational rehabilitation for people who have any type of disability, as well as actions that facilitate the availability and adaptation of prostheses, orthotheses and functional aids.

Article 178. The Federal Government Agency provided for in Article 172 shall have among its objectives to operate rehabilitation establishments, conduct studies and research on disability and participate in rehabilitation and rehabilitation programmes. special education.

Article 179. -Health and educational authorities, in the field of their respective competencies, will collaborate to provide rehabilitation care, when required.

Article 180. The Secretariat of Health and the governments of the federal entities, in coordination with other public institutions, will promote that in places where public services are provided, facilities for persons with disabilities are available.

TITLE TENTH

Extraordinary Action on General Health Matters

ONLY CHAPTER

Article 181.-In case of a serious epidemic, danger of invasion of communicable diseases, emergency or disaster situations affecting the country, the Secretariat Health shall immediately dictate the measures necessary to prevent and combat damage to health, subject to such measures being subsequently sanctioned by the President of the Republic.

Article 182.- In the event of an emergency caused by sudden deterioration of the environment that would endanger the population, the Health Secretariat will adopt the prevention and control measures essential for the protection of health, without prejudice to the intervention of the General Health Council and the Secretariat of the Environment and Natural Resources.

Article 183.-In the cases referred to in the foregoing Articles, the Federal Executive may declare, by decree, the threatened region or regions that are subject, for the time required, to the extraordinary action in the field of general health.

When the causes that have originated the declaration of being subject a region to the extraordinary action in the field of general health, the Federal Executive, have disappeared. issue a decree declaring that action terminated.

Article 184.- The extraordinary action in the field of general health will be exercised by the Secretariat of Health, which will have to integrate and maintain trained and updated special brigades acting under their direction and responsibility and shall have the following powers:

I. Entrust the federal, state and municipal authorities, as well as the professionals, technicians and auxiliaries of the disciplines for the health, the performance of the activities it deems necessary and obtain for that purpose the participation of the individuals;

II. Dictate health measures related to meetings of persons, entry and exit of persons in the populations and with the special hygienic arrangements to be implemented, as the case may be;

III. To regulate land, sea and air traffic, as well as to freely dispose of all means of transport of state and public service, whatever the legal regime to which the latter are subject:

IV. Use free and priority telephone, telegraphic and post services, as well as radio and television broadcasts, and

V. Other as determined by the Secretariat itself.

TITLE TENTH FIRST

Addiction Programs

CHAPTER I

National Council Against Addictions

Article 184 Bis.- The National Council Against Addictions is created, which will aim to promote and support the actions of the public, social and private sectors. to prevent and combat the public health problems caused by the Addictions governed by this Law, as well as to propose and evaluate the programs referred to in Articles 185 and 191 of this Law, as well as the Program against the Smoking provided for in the General Law for Tobacco Control. The Council shall be composed of the Secretary of Health, who shall preside over him, by the holders of the offices and entities of the Federal Public Administration whose powers are related to the Council's subject and by representatives of the social and private health-related organizations. The Secretary of Health may invite, when he considers it appropriate, the heads of the governments of the Federative Entities to attend Council meetings.

The organization and functioning of the Council shall be governed by the provisions issued by the Federal Executive.

CHAPTER II

Program for the Prevention, Reduction and Treatment of Harmful Alcohol Use, the Attention of Alcoholism and the Prevention of diseases derived from the same

Article 185.- The Secretariat of Health, the governments of the federal entities and the General Health Council, in the field of their respective competences, coordinate for the implementation of the programme for the prevention, reduction and treatment of the harmful use of alcohol, the attention of alcoholism and the prevention of diseases arising from it, including, inter alia, the following actions:

I. The prevention and treatment of alcoholism and, where appropriate, the rehabilitation of alcoholics;

II. Education on the effects of alcohol on health and social relations, aimed especially at minors and vulnerable groups, through individual, social or mass communication methods;

III. The promotion of civic, sports and cultural activities that contribute to the fight against alcoholism, especially in rural areas and in the population considered to be high risk;

IV. The promotion of prevention, early detection, guidance, care, referral and treatment services to people and groups with harmful use of alcohol; and

V. Promoting health protection by considering education, promoting attitudes, protective factors, skills and behaviors that favor styles active and healthy living in individuals, family, school, work and community.

Article 185 Bis.- For the purposes of this Law, harmful use of alcohol shall be understood:

I. The consumption of alcoholic beverages in any amount by minors;

II. Over-consumption of alcoholic beverages by pregnant women;

III. Consumption in any amount of alcohol in people who are to handle public passenger transport vehicles, as well as automotive, machinery or are to perform in tasks that require skills and skills, especially those associated with health care or third-party integrity;

IV. The consumption of alcohol in excess, defined by the Health Secretariat in the program for the prevention, reduction and treatment of the harmful use of alcohol, the attention to alcoholism and the prevention of diseases resulting from alcoholism;

V. Consumption in people with a chronic disease such as hypertension, diabetes, liver disease, cancer, and others, as long as it has been indicated by medical prescription, and

VI. The one determined by the Health Secretariat.

Article 185 Bis 1.- Actions to be developed in the implementation of the programme for the prevention, reduction and treatment of the harmful use of alcohol, care Alcoholism and the prevention of diseases derived from alcoholism will have the following purposes:

I. Protecting the health and well-being of the population from the harmful use of alcohol and preventing risks to the health it generates;

II. Promote measures to prevent the consumption of alcoholic beverages by minors or by persons unable, in terms of the Federal Civil Code;

III. Promote early detection, timely care and effective treatment in cases of harmful use of alcohol and its dependence;

IV. Encourage promotion and education actions to conserve and protect health, as well as the dissemination of information on damages, risks and costs. attributable to the harmful use of alcohol, based on scientific evidence;

V. Encourage the establishment of measures to prevent the harmful use of alcohol in vulnerable groups; and

VI. Establish general guidelines for the design and evaluation of public programs and policies against the harmful use of alcohol, based on evidence and in applied experience.

Article 185 Bis 2.- For the execution of the Program for the prevention, reduction and treatment of the harmful use of alcohol, the attention of alcoholism and the prevention of diseases derived from it, the Health Secretariat will promote in the public, private and social establishments of the National Health System, in which prevention and care services are provided against the harmful use of the alcohol, the following actions are performed:

I. The promotion of health and active and healthy lifestyles, to prevent and combat the harmful use of alcohol;

II. Prevention, early detection, timely diagnosis, referral, effective treatment and rehabilitation of the individual, due to the harmful use of alcohol and the conditions created by him, avoiding all forms of stigmatization and discrimination;

III. Promoting the creation of civil society support networks for family members and other community members who may be affected directly or indirectly by such harmful use;

IV. Education that promotes knowledge about the effects of the harmful use of alcohol on health and social relations, aimed at the population in general, especially family, girls, children, adolescents, young people, pregnant women, indigenous communities and other vulnerable groups;

V. The establishment of an internal monitoring system and a program of monitoring and evaluation of the Program's internal goals and achievements for prevention and reduction of the harmful use of alcohol, including at least the harmful use of alcohol, conduct related to the harmful use of alcohol and its impact on health; and

VI. Promoting short interventions; cessation services and other therapeutic options to help stop drinking alcohol in a harmful way; combined with counseling, mutual aid groups, and therapeutic support for family members.

Article 186.- The Health Secretariat will encourage research activities to obtain information to guide actions against alcoholism and the harmful use of alcohol in the following aspects:

I. Causes of alcoholism and actions to control them.

II. Effects of advertising on the incidence of alcoholism and problems related to the consumption of alcoholic beverages;

III. Habits of alcohol consumption in the different population groups and

IV. Effects of the abuse of alcoholic beverages in the social, sports, entertainment, labor and educational fields.

Article 186 Bis.- To implement the actions of the program for the prevention, reduction and treatment of the harmful use of alcohol, the attention of the The following aspects shall be taken into account in the case of alcoholism and the prevention of diseases arising therefrom:

I. The use of scientific evidence accumulated at international and national level and the generation of knowledge about the causes and consequences of harmful use of alcohol, effective interventions and evaluation of programmes or strategies;

II. The vulnerability of different population groups, by gender, age, and ethnicity; and

III. Surveillance and exchange of information and compliance with standards and agreements between the sectors and levels of government involved.

Article 187.-In the framework of the National Health System, the Secretariat of Health will coordinate actions that develop against alcoholism and alcohol abuse. Coordination in the adoption of measures, in the federal and local areas, will be carried out through the coordination agreements that the Secretariat of Health will hold with the governments of the federal entities.

CHAPTER II BIS

Protection of Third-Party and Society Health from Harmful Alcohol Use

Article 187 Bis. They are the faculties of the Health Secretariat in the framework of the protection of the health of third parties and of society in the face of the harmful use of alcohol:

I. Set the limits of blood and air alcohol expired to drive motor vehicles, which must be taken into account by the authorities. The Federal Government and the Federal authorities, in their respective areas of competence. In the case of vehicles providing a public service, persons making use of mechanisms, instruments, appliances or dangerous substances by themselves, by the speed they develop, by their explosive or flammable nature, by the energy of the Electrical current leading to or from other similar causes, as well as professionals, technicians and health auxiliaries involved in the medical-surgical care of a user, the limits of blood alcohol and expired air shall be zero;

II. the participation of civil society in the implementation of the program for the prevention, reduction and treatment of the harmful use of alcohol, care alcohol and the prevention of diseases derived from alcoholism, based on the provisions laid down by the Secretariat of Health for such purposes;

III. Propose to the Federal Executive the public and fiscal policies for the prevention and reduction of the harmful use of alcohol; and

IV. To promote to the competent federal authorities and to the federal authorities, the implementation of measures and actions that favor the decrease of the use harmful alcohol and the effects of alcohol on third parties such as:

a) Limiting schedules for alcohol consumption, and

b) Other that serve or prevent the purposes referred to in this article.

Article 187 Bis 1.- For the treatment of diseases derived from alcoholism, the dependencies and entities of public administration in the field of healthiness In general, both federal and local, will encourage the creation of centers specialized in treatment, care and rehabilitation, based on modern systems of treatment and rehabilitation, based on respect for integrity and free the decision of the person suffering from a disease derived from alcoholism.

Specialist treatment, care and rehabilitation centers should:

I. Create a register of public and private institutions and bodies that carry out prevention, treatment, care and social reintegration activities alcoholism, which contains the features of care, conditions, and requirements for accessing the services they offer; and

II. To celebrate collaboration agreements with national and international institutions in the social and private sectors, and with individuals who dedicate themselves to the prevention, treatment, care and social reintegration in the field of alcoholism, so that those who require assistance can, in accordance with their needs, characteristics, economic possibilities, access the services that all of them institutions or natural persons offer.

The location of the centers will be based on epidemiological studies of the diseases derived from alcoholism in each region of the country.

CHAPTER III

Smoking Program

Article 188. Repeals.

Article 189. Repeals.

Article 190. Repeals.

CHAPTER IV

Program Against Pharmacodependency

Article 191.-The Health Secretariat and the General Health Council, in the field of their respective competencies, will coordinate for the implementation of the program against the famodependency, through the following actions:

I. The prevention and treatment of pharmacodependence and, where appropriate, the rehabilitation of pharmacodependents;

II. Education on the effects of the use of narcotic drugs, psychotropic substances and others susceptible to producing dependence, as well as their consequences in social relations and;

III. Education and instruction to the family and the community on how to recognize the symptoms of pharmacodependence and to take appropriate measures for their prevention and treatment.

The information to be received by the population should be based on scientific studies and clearly alert to the physical and psychological effects and damages of the consumption of narcotic and psychotropic.

Article 192.- The Health Secretariat will develop a national program for the prevention and treatment of pharmacodependence, and will implement it in coordination with dependencies and entities in the health sector and with the governments of the federal entities.

This program will establish procedures and criteria for the prevention, treatment and control of addictions and will be mandatory for providers health services of the National Health System throughout the national territory and in the establishments of the public, private and social sectors that carry out preventive, treatment and control activities of the addictions and the pharmacodependency.

Information and awareness campaigns that the population will receive should be based on scientific studies and adequately alert to the effects and damages physical and psychological consumption of narcotic drugs and psychotropic drugs.

In accordance with the terms established by the national program for the prevention and treatment of pharmacodependence, the governments of the federal entities will be responsible for:

I.      Promote and carry out permanent information and guidance campaigns for the public, for the prevention of health damage caused by the consumption of narcotic drugs and psychotropic substances; and

II.    Provide information and provide medical care and treatments that are required of people who consume narcotic drugs and psychotropic drugs.

Article 192 bis.- For the purposes of the national program, it is understood by:

I.      Pharmacodependent: Any person who presents any signs or symptoms of dependence on narcotic drugs or psychotropic substances;

II.    Consumer: Everyone who consumes or uses narcotic drugs or psychotropic substances and who does not present any signs or symptoms of dependency;

III.   Pharmacodependent recovery: Everyone who is being treated to stop using narcotics and is in a process of overcoming the pharmacodependency;

IV.    Health Care: To the set of services provided to the individual, in order to protect, promote and restore their health;

V.     Early detection: It corresponds to a secondary prevention strategy that aims to identify in an initial phase the consumption of narcotics in order to apply therapeutic measures of a medical, psychological and social nature early possible;

VI.    Prevention: The set of actions to prevent or reduce the consumption of narcotics, to reduce risk situations and to limit the damage associated with the consumption of these substances;

VII. Treatment: The set of actions that aim to achieve abstinence or, where appropriate, the reduction of the consumption of narcotics, to reduce the risks and damages that involve the use and abuse of these substances, to reduce the conditions associated with consumption, and increase the degree of physical, mental, and social well-being, both of which it uses, abuses or depends on those substances, and their family;

VIII.            Research in the field of pharmacodependence: It aims to determine the characteristics and trends of the problem, as well as its magnitude and impact on the individual, family and collective; building public policies and appropriate treatments for the various types and levels of addiction; respecting human rights and their integrity; and

IX.    Suspension of the pharmacodependence: Process by which the pharmacodependent participates in the overcoming of its pharmacodependence with the support of the community environment in the identification and solution of common problems that provoked the pharmacodependency.

Article 192 Ter.- In the field of prevention, an early intervention model will be offered to the population to consider from the prevention and promotion of a life Healthy, even the outpatient treatment of quality, of the pharmacodependence, the national program will strengthen the responsibility of the State, mainly of the Health Secretariat, offering an integral and objective vision of the problem for:

I.      Develop education campaigns for addiction prevention, based on novel and creative communication schemes that allow the production and dissemination of messages of high social impact, in order to strengthen the knowledge of damages and risks of the pharmacodependency, especially directing their efforts towards the most vulnerable sectors, through basic education centers;

II.    Coordinate and promote with the public, private and social sectors, actions to prevent drug dependence, based on information and skills development to protect, promote, restore, care for individual health, family, work, school and collective;

III.   To provide comprehensive care to high-risk groups in which it has been demonstrated, through various research and studies, that, due to their biopsychosocial characteristics, they have a higher probability of use, abuse or dependence on narcotics, and

IV.    Perform the necessary prevention actions based on the perception of risk of substance use in general, the psychoactive substance of use; the characteristics of the individuals; the patterns of consumption; the problems associated with the drugs, as well as the cultural aspects and traditions of the various social groups.

Article 192 Quater.- For the treatment of pharmacodependents, public administration agencies and agencies in the field of general health, both federal and local, will have to create centers specialized in treatment, care, and rehabilitation, based on modern systems of treatment and rehabilitation, based on respect for the integrity and free decision of the pharmacodependent.

The location of the centers will be based on rigorous studies of the impact of addictions in each region of the country and should:

I.      Create a register of public and private institutions and bodies that carry out activities of prevention, treatment, care and social reintegration in the field of pharmacodependence, containing the characteristics of care, conditions and requirements for accessing the services they offer, and

II.    To conclude collaboration agreements with national and international institutions in the social and private sectors, and with natural persons who dedicate themselves to the prevention, treatment, care and social reintegration in the field of pharmacodependence, in order for those who require assistance, to be able, in accordance with their needs, characteristics, economic possibilities, to access the services that all of these institutions or natural persons offer.

Article 192 Quintus.- The Health Secretariat will conduct research processes in the field of pharmacodependency to:

I.      Determine the characteristics and trends of the problem, as well as its magnitude and impact on the individual, family, and collective;

II.    Have a scientific basis to design and implement effective public policies in the field of pharmacodependency;

III.   Assess the impact of preventive programs, as well as treatment and rehabilitation, by establishing the cost-effectiveness level of the actions;

IV.    Identify groups and risk factors and guide decision making;

V.     Develop research and monitoring strategies that allow us to know enough, the characteristics of the demand for attention for problems arising from the consumption of psychoactive substances, the availability of resources for their attention and how these are organized, as well as the results obtained from the interventions;

VI.    Conduct international collaboration agreements that will enable the exchange of novel and effective experiences in prevention and treatment, as well as knowledge and progress on the subject, to be strengthened, and

VII. In any research in which the human being is a subject of study, the criterion of respect for his dignity, the protection of his rights and his well-being must prevail.

In the design and development of this type of research, the informed and written consent of the person and, where appropriate, the closest relative in the family should be obtained. link, or legal representative, as the case may be, to whom all the elements must be provided to decide their participation.

Article 192 Sextus.- The process of overcoming the pharmacodependency must:

I.      Encourage community and family participation in prevention and treatment, in coordination with local authorities, and public or private institutions, involved in the planning, programming, implementation, and evaluation of programs and actions;

II.    Strengthen social responsibility, self-management and self-care, encouraging the shaping of lifestyles and healthy environments that allow the development of the potential of each person, fostering conditions that raise quality of life for families and communities;

III.   Recognize therapeutic communities, for the rehabilitation of pharmacodependents, in which without the need for internment, social reinsertion can be made possible, through mutual support, and

IV.    Acknowledge the importance of the various mutual aid groups, which offer free services in support of recovery pharmacopodependents, based on shared experiences shared among the members of the group, to achieve the withdrawal from the use of narcotics.

Article 193. -Health professionals, when prescribing medicinal products containing substances that may produce dependence, shall comply with the provisions of Chapters V and VI of the Title Decimimegaldo of this Law, regarding the prescription of narcotic drugs. and psychotropic substances.

Article 193 Bis.- When the institution receives report of the non-exercise of the criminal action, in terms of Article 478 of this Law, the authorities of Health must cite the pharmacodependent or consumer, in order to provide guidance and to conmine it to take part in the programs against the pharmacodependency or in those preventive of it.

The third report of the Public Ministry will be mandatory for the treatment of the pharmacodependent.

TENTH SECOND TITLE

Import and Export Product and Services Health Control

CHAPTER I

Common Provisions

Article 194. -For the purposes of this title, it is understood by health control, the set of actions of orientation, education, sampling, verification and, where appropriate, the application of security measures and sanctions, which the Secretariat of Health exercises with the the participation of producers, marketers and consumers, on the basis of what the Mexican official rules and other applicable provisions lay down.

The exercise of health control shall apply to:

I. Processing, importing and exporting food, non-alcoholic beverages, beverages alcohol, cosmetic products, grooming products, tobacco, as well as raw materials and, where appropriate, additives which are involved in their preparation;

II. Process, use, maintenance, import, export, and final disposal of medical equipment, prostheses, orthotheses, functional aids, diagnostic agents, dental use inputs, surgical, healing materials and hygienic products, and

III. Process, use, import, export, application and final disposal of pesticides, plant nutrients and toxic or dangerous substances for health, as well as raw materials involved in their preparation.

Health control of the processing, import and export of medicinal products, narcotic drugs and psychotropic substances and the raw materials involved in their preparation, exclusively to the Health Secretariat, depending on the health risk potential that these products represent.

Article 194 Bis.-For the purposes of this law are considered health inputs: Drugs, psychotropic substances, narcotic drugs and raw materials and additives The invention also relates to medical equipment, prostheses, orthotheses, functional aids, diagnostic agents, dental use inputs, surgical material, healing and hygienic products, the latter in terms of the Section VI of Article 262 of this Law.

Article 195. The Secretariat of Health shall issue the official Mexican rules to which the process and the specifications of the products to which it refers shall be subject to This Title. The drugs and other health supplies will be standardized by the Pharmacopoeia of the United Mexican States.

The Health Secretariat will keep the Mexican Pharmacopoeia permanently updated, for which it will have an advisory technical body that will be the Permanent Commission of the Pharmacopoeia of the United Mexican States. The advisory body, through collaboration agreements with the Secretariat of Health, through the Federal Commission for the Protection of Health Risks, will prepare, publish and disseminate the United States Pharmacopoeia. Mexicans.

Article 196. -(Repeated)

Article 197.-For the purposes of this Law, the process is understood as a set of activities related to the production, manufacture, manufacture, preparation, conservation, mixing, conditioning, packaging, handling, transport, distribution, storage and disposal or supply to the public of the products referred to in Article 194 of this Law.

The Secretariat will exercise the powers related to the set of activities carried out in the exercise of its performance by the establishments dedicated to the slaughter of animals and the processing of goods of animal origin for human consumption, without prejudice to the powers of the Secretariat of Agriculture, Livestock, Rural Development, Fisheries and Food in accordance with the provisions of the Law Federal Animal Health.

Article 198. Rewant health authorization for establishments dedicated to:

I. The process of drugs containing narcotic drugs and psychotropic substances; vaccines; toxoids; animal and blood products; and blood products;

II. The manufacture, manufacture or preparation of medicinal products, pesticides, plant nutrients or toxic or dangerous substances;

III. The application of pesticides;

IV. The use of radiation sources for medical or diagnostic purposes, and

V. The establishments in which surgical or obstetric acts are practiced.

VI.   Mixing centres for the preparation of nutritional and medicated parenteral mixtures.

The health authority request must be submitted to the health authority, prior to the start of its activities.

When determined by agreement of the Secretary, the establishments in which the process of the products referred to in Article 194 of this Law and its transport is carried out they must be subject to the rules of operation and safety that are issued.

Article 199.-It is for the Governments of the Federative Entities to exercise the verification and sanitary control of the establishments that expend or supply to the public non-alcoholic and alcoholic beverages and beverages, in the natural state, mixed, prepared, added or conditioned, for consumption within or outside the same establishment, on the basis of the official Mexican standards that are issued.

Article 199-Bis.-Institutions that aim to receive food donation and the supply or distribution thereof in order to satisfy the nutrition and food needs of the most vulnerable sectors of the country, are subject to sanitary control and, in addition to complying with the provisions of this Law and other applicable provisions, must:

I. Have establishments that meet the appropriate sanitary conditions for food handling;

II. Count on trained personnel and equipment for the conservation, bacteriological analysis, handling, and hygienic transportation of food;

III. Perform the distribution of food in a timely manner, in order to avoid contamination, alteration or decomposition, and

IV. Adopt the health control measures, as appropriate, point to the authority.

It will be considered solely responsible for the supply of foods that are in some circumstances in a state of decomposition and that for this reason cause harm to health, the person or institution that has made its distribution.

Article 200.-The Health Secretariat shall determine, on the basis of the health risks, the establishments referred to in Article 198 of the Law, which require for operation:

I. Count, where appropriate, a responsible person who meets the requirements set out in this law and in the respective regulations;

II. (Repeals).

III. Use the latest edition of the Pharmacopoeia of the United Mexican States and their supplements, which will be elaborated and updated by the Health Secretariat.

Article 200 Bis.-Establishments that do not require health authorization should be issued and, by agreement, be determined by the Secretariat of Health.

The agreement referred to in the preceding paragraph shall classify the establishments according to the activity they perform and shall be published in the Official Journal of the Federation.

The notice referred to in this article shall be submitted in writing to the Secretariat of Health or to the governments of the federal entities, at least thirty days. before they are intended to start operations and contain the following data:

I. Name and address of the natural or moral person who owns the establishment;

II. The address of the establishment where the process and start date of operations are performed;

III. Processes used and line or product lines;

IV. Statement, in protest of telling the truth, that the requirements and the provisions applicable to the establishment are met;

V. Key to the establishment activity, and

VI. Number of professional cedula, if any, of health officer.

Article 201. The Health Secretariat shall determine the types of establishments dedicated to the process of the products referred to in this Title, which shall be carry out their internal control on the basis of the official Mexican rules or the applicable provisions to be issued.

Article 202. -Any change of ownership of an establishment, of a social reason or denomination, of domicile, cession of rights of products, the manufacture of new lines of products or, where appropriate, the suspension of activities, works or services, must be communicated to the competent health authority within a period of not more than 30 working days from the date on which it was made, subject to compliance with the provisions to be issued.

Article 203.-The holder of the authorization of a product may allow it to be made in whole or in part by any manufacturer when the requirements are met. established for the purpose in this law and other applicable provisions. In this case, the holder of the authorization shall give written notice to the Health Secretariat within 15 days of the beginning of the process of external manufacture of the products.

Article 204. -Medicines and other health supplies, narcotic drugs, psychotropic substances and products containing them, as well as pesticides, plant nutrients and toxic or dangerous substances, for sale or supply must be counted with health authorisation, in the terms of this law and other applicable provisions.

The public security authorities of the three government orders will participate in the prevention and fight against the activities of possession, trade or supply of narcotic and psychotropic when such activities are carried out in public places, and shall act in accordance with their powers.

Article 205.-The process of the products referred to in this Title shall be carried out in hygienic conditions, without adulteration, contamination or alteration, and in conformity with the provisions of this Law and other applicable provisions.

Article 206. -A product is considered adulterated when:

I. Its nature and composition do not correspond to those with which it is labelled, announced, sold, supplied or when it does not correspond to the specifications of its authorization, or

II. There has been a treatment that will remove the alteration, cover defects in the process or the health quality of the raw materials used.

Article 207. -the product or raw material containing micro-organisms, hormones, bacteriostats, pesticides, radioactive particles, foreign matter, as well as any other substance in quantities exceeding the permissible limits, is considered to be contaminated; established by the Secretariat of Health.

Article 208. -A product or raw material is considered to be altered when, by the action of any cause, it has undergone modifications in its intrinsic composition which:

I. Reduce your nutritional or therapeutic power;

II. Turn it into harmful health, or

III. Modify their characteristics, provided that they have an impact on their health quality.

Article 208 Bis.- A product is considered to be falsified when it is manufactured, packaged or sold by reference to an authorization that does not exist; or legally granted to another; or it is imitated to the legally manufactured and registered.

Article 209. -To express the units of measurement and weight of the products referred to in this Title, the International System of Units shall be used.

Article 210. Products that must be sold packaged or packaged will carry labels that must comply with Mexican official rules or regulations. applicable, and in the case of non-alcoholic foods and beverages, shall be issued on a proposal from the Health Secretariat, without prejudice to the privileges of other competent agencies.

Article 211. -(Repeals).

Article 212. -the nature of the product, the formula, the composition, quality, distinctive name or mark, generic and specific name, labels and labels, must correspond to the specifications laid down by the Secretariat of Health, compliance with the applicable provisions, and shall respond exactly to the nature of the product being consumed, without modification; for this purpose, the provisions of Article 115 (VI) shall be observed.

Labels or labels for non-alcoholic foods and beverages should include nutritional value data, and have comparative elements with those recommended by the health authorities, as they contribute to the nutritional education of the population.

In the name or mark of the products, indications regarding diseases, syndromes, signs or symptoms, or those relating to diseases, may not be clearly or thinly included. anatomical or physiological data.

Article 213. -Packaging and packaging of the products covered by this Title shall comply with the specifications laid down in the applicable provisions.

Article 214.-The Health Secretariat will publish in the Official Journal of the Federation the official Mexican rules that it issues and, if necessary, the resolutions on granting and revoking health authorizations for medicinal products, narcotic drugs, psychotropic substances and products containing them, medical equipment, pesticides, plant nutrients and toxic or dangerous substances, as well as raw materials used in their preparation.

CHAPTER II

Non-alcoholic foods and beverages

Article 215.-For the purposes of this Act, it is understood by:

I. Food: any substance or product, solid or semi-solid, natural or transformed, that provides the body with elements for its nutrition;

II. Non-alcoholic beverage: any liquid, natural or transformed, that provides the body with elements for its nutrition;

III. Raw material: Substance or product, of any origin, used in the manufacture of non-alcoholic and alcoholic foods and beverages, and

IV. Additive: Any permitted substance which, without having any nutritional properties, is included in the formulation of the products and which acts as a stabiliser, a preservative or a modifier of its organoleptic characteristics, in order to promote its stability, preservation, appearance or acceptability.

V. food supplements: herbal products, plant extracts, traditional foods, dehydrated or concentrated fruit, whether or not added, of vitamins or minerals, which may be presented in a pharmaceutical form and whose purpose use to increase your total dietary intake, supplement it, or supplement any of its components.

Article 216.-The Health Secretariat, based on the composition of food and beverages, will determine the products to which they may attribute nutritional properties (a) special provisions, including those for special feeding schemes. Where the same Secretariat recognises therapeutic properties, they shall be considered as medicinal products.

Food or beverages intended to be expended or supplied to the public in presentations suggesting to the consumer that they are products or substances with characteristics or therapeutic properties, should be on the labels of packaging or packaging including the following caption: "This product is not a medicine", written with easily readable letter and in contrasting colours.

CHAPTER III

Alcoholic Beverages

Article 217.-For the purposes of this Act, alcoholic beverages containing ethyl alcohol at a rate of 2% and up to 55% by volume are considered to be alcoholic beverages. Any other containing a higher proportion may not be marketed as a drink.

Article 218. -All alcoholic beverages must bear on the packaging, the legend: "the abuse in the consumption of this product is harmful to health", written with easily readable letter, in contrasting colours and without any reference to any other legal provision.

The Health Secretariat, if any, will publish in the Official Journal of the Federation the agreement through which other precautionary legends can be established, as well as the provisions for their application and use.

Article 219. -(Repeals).

Article 220.-In no case and in no way will you be able to expend or supply alcoholic beverages to minors.

The violation of this provision will be equated with the crime of Corruption of Persons Under Eighteen Years of Age or of Persons who have no Capacity to understand the Meaning of the Fact or People who do not have Capacity to Resist it.

CHAPTER IV

Medicines

Article 221.-For the purposes of this Act, it is understood by:

I. Medicines: Any substance or mixture of substances of natural or synthetic origin having a therapeutic, preventive or rehabilitation effect, which is present in the pharmaceutical form and is identified as such by its pharmacological activity, physical, chemical and biological characteristics. Where a product contains nutrients, it shall be considered as a medicinal product, provided that it is a preparation containing individually or in combination: vitamins, minerals, electrolytes, amino acids or fatty acids, in higher concentrations. to those of the natural foods and in addition is present in some defined pharmaceutical form and the indication of use contemplates therapeutic, preventive or rehabilitatory effects.

II. Drug: Any natural, synthetic or biotechnological substance that has any pharmacological activity and which is identified by its physical, chemical or biological properties, which is not present in a pharmaceutical form and which meets conditions to be used as a medicine or an ingredient in a medicine;

III. Raw material: substance of any origin used for the manufacture of medicinal products or natural or synthetic drugs;

IV. Additive: any substance that is included in the formulation of the medicinal products and which acts as a vehicle, conservative or modifier of any of its characteristics to promote its efficacy, safety, stability, appearance or acceptability, and

V. Materials: the necessary inputs for the packaging and packaging of the medicinal products.

Article 222.-The Health Secretariat shall only grant the authorization for the medicinal products, when it is shown that they, their production processes and substances containing the safety, efficacy and quality characteristics required, which complies with the provisions of this Law and other general provisions, and shall take into account, where appropriate, the provisions of Article 428 of this Law.

For the granting of sanitary registration to any medicinal product, compliance with good manufacturing practices and the process of production of the medicinal product as well as the certification of its active substances. The checks shall be carried out by the Secretariat or its authorised third parties or, if necessary, recognition of the respective certificate issued by the competent authority of the country of origin, provided that there are agreements of recognition in this field between the competent authorities of both countries.

Article 222 Bis.- For the purposes of this Law, biotechnological medicinal product is considered to be any substance that has been produced by molecular biotechnology, which has therapeutic, preventive or rehabilitation effect, which is present in the pharmaceutical form, which is identified as such by its pharmacological activity and physical, chemical and biological properties. Innovative biotechnological medicinal products may be a reference for non-innovative biotechnological medicinal products, which are referred to as biocomparable. The identification of these products will be determined in the regulatory provisions.

In order to obtain the health register of biotechnological medicinal products, the applicant must comply with the requirements and tests that demonstrate the quality, safety and the effectiveness of the product, in accordance with the provisions of this Law, its regulations and other applicable legal provisions and once the biotechnological medicinal product is marketed, the pharmacovigilance of the medicinal product must be carried out in accordance with the corresponding normativity.

The applicant for health registration of biocomparable medicinal products that supports his application in a biotechnological reference medicinal product, must present the studies clinical and, where appropriate in vitro, necessary to demonstrate the safety, efficacy and quality of the product.

In case the provisions on the necessary studies and their characteristics referred to in this article have not been issued, they will be defined in case of case, taking into account the opinion of the New Molecules Committee, which for the purposes of the provisions of this article will have a Subcommittee on the Evaluation of Biotechnological Products which will be composed of specialists and scientists in the field of pharmaceutical biotechnology.

The biotechnological medicinal products must include in their labels the manufacturer of the biopharmaceutical and its origin, the place of the packaging and in its case the importer, owing the same International Denomination as the corresponding reference medicine is assigned, without this entailing a separation in the keys of the Basic Table and the product catalogues of the health institutions assigned to the these.

Article 223-The process of products containing medicinal plants is subject to the health control referred to in this chapter and to official Mexican standards that the Health Secretary has the effect.

Article 224. -The drugs are classified:

A. For how you prepare to:

I. Magistrals: When prepared according to the formula prescribed by a physician,

II. Official: When the preparation is carried out according to the rules of the Pharmacopoeia of the United Mexican States, and

III. Proprietary medicinal products: When prepared with formulas authorized by the Secretariat of Health, in establishments of the chemical-pharmaceutical industry.

B. By its nature:

I. Alopatics: Any substance or mixture of substances of natural or synthetic origin having therapeutic, preventive or rehabilitation effect, which is present in the pharmaceutical form and is identified as such by its pharmacological activity, physical, chemical and biological characteristics and is registered in the United Mexican Pharmacopoeia for allopathic drugs,

II. Homeopathic: Any substance or mixture of substances of natural or synthetic origin having therapeutic, preventive or rehabilitation effect and which is developed in accordance with the manufacturing processes described in the Homeopathic Pharmacopoeia of the United Mexican States, in those of other countries or other sources of national and international scientific information, and

III. Herbalists: Products made of plant material or any derivative thereof, the main ingredient of which is the aerial or underground part of a plant or extracts and tinctures, as well as juices, resins, fatty oils and essential oils, presented in pharmaceutical form, whose therapeutic efficacy and safety has been scientifically confirmed in national or international literature.

Article 224 Bis.- Orphan Medicinal Products: To medicines that are intended for the prevention, diagnosis, or treatment of rare diseases, which have a prevalence of no more than 5 people per 10, 000 inhabitants.

Article 224 Bis 1.- The Health Secretariat will implement the necessary measures and actions to promote and encourage the availability of medicines. orphans, making them affordable for the population. The Health Secretariat may also issue recommendations to the National Institutes of Health for the research and development of drugs with potential in their effectiveness.

Article 225. -The medicinal products, for their use and marketing, will be identified by their generic and distinctive denominations. Generic identification will be mandatory.

The composition of the medicinal product or its therapeutic action shall not be clearly or thinly included in the distinguishing name. Nor are any indications in relation to diseases, syndromes, symptoms, or those that recall anatomical data or physiological phenomena, except in vaccines and biological products.

The regulatory provisions shall determine the manner in which the names indicated must be used in the prescription, advertising, labelling and in any other reference.

Article 226. -The medicines, for sale and supply to the public, are considered:

I. Medicines that can only be purchased with a prescription or special permit issued by the Health Secretariat, in accordance with the terms set out in Chapter V of this Title;

II. Medicines that require medical prescription to be retained in the pharmacy that is taken up and registered in the control books that are carried out in accordance with the terms set out in Chapter VI of this Title. The treating physician may prescribe two presentations of the same product at most, specifying its contents. This prescription shall be valid for 30 days from the date of its preparation.

III. Medicines that can only be purchased with a prescription that can be dispensed up to three times, which must be sealed and recorded each time in the control books that will be taken. This prescription must be retained by the establishment that takes it on the third occasion; the treating physician will determine, the number of presentations of the same product and contents of the same products that can be acquired on each occasion.

Medical prescription may be granted, in exceptional cases, to patients to acquire anticonvulsants directly in the appropriate laboratories, when they are requires in excess of the quantity that can be dispensed in pharmacies;

IV. Medicines to be purchased require a prescription, but may be resurfaced as many times as prescribed by the prescribing physician;

V. Medicines without a prescription, authorized for sale exclusively in pharmacies, and

VI. Medicines that are not required for medical prescription and can be sold in other establishments other than pharmacies.

Medicines or other health inputs may not be sold in semi-fixed positions, mobile or mobile modules.

Article 227.-The Health Secretariat will determine the medications that each group is integrated into, as referred to in the previous Article.

The process of the medicinal products referred to in Sections I and II of the same Article shall be subject to the provisions of Chapter V and VI of this Title.

Article 227 Bis.-The laboratories and warehouses for the deposit and distribution of the medicinal products referred to in Article 226 of this Law shall only be able to (a) to be sold to establishments with a health licence which accredits them as drogueries, pharmacies or boticas authorised to supply medicinal products containing narcotic drugs or psychotropic substances to the public.

Article 228.-The Health Secretariat, in coordination with the authorities responsible for animal health, shall establish the precautionary legends of the medicinal products for use veterinary medicinal product, where its use may be a risk to human health.

Article 229.-For the purposes of this Act, products of biological origin or semi-synthetic analog substances are classified as:

I. Toxoids, vaccine and bacterial preparations for parenteral use;

II. Viral vaccines for oral or parenteral use;

III. Animal origin and antitoxins;

IV. Blood Products;

V. Vaccines and microbial preparations for oral use;

VI. Biological materials for diagnosis that are administered to the patient;

VII. Antibiotics;

VIII. Macromolecular hormones and enzymes, and

IX. Other as determined by the Health Secretariat.

Article 230. -Products of biological origin require internal control in a laboratory of the production plant and external control in laboratories of the Health Secretariat.

Laboratories that develop blood products should obtain authorization from the Secretariat for the marketing of blood products.

Article 231.-The quality of the raw materials used in the process of medicinal products and biological products shall be subject to the verification of their identity, purity, sterility, where appropriate, safety, power, safety, stability and any other evidence to which the applicable regulatory provisions apply.

Article 232. -medicinal products of biological origin of immunological action shall, in addition to the provisions laid down in Article 210 of this Law, show the specifications of the living organism which was used for their preparation and the name of the disease to the which are intended, according to the accepted international nomenclature. Exceptionally, the latter data may be omitted where the medicinal product has diversity of applications.

Article 233. -The sale and supply of medicines with expired expiry date are prohibited.

CHAPTER V

Narcotic

Article 234.-For the purposes of this Act, they are considered to be narcotic:

ACETYLDIHYDRODEIN.

ACETYLMETHANOL (3-acetoxy-6-dimethylamino-4,4-diphenylheptane)

ACETORFINA (3-0-acetyltetrahydro-7a-(1-hydroxy-1-ethylbutyl) -6, 14-endoethene-oripavin) also known as 3-0-acetyl-tetrahydro-7a (1-hydroxy-1-methylbutyl) -6, 14-endoethene-oripavin and, 5 acetoxyl-1,2,3, 3_, 8 9-hexahydro-2a (1-(R) hydroxy-1-methylbutyl) 3-methoxy-12-methyl-3; 9a-ethene-9.9-B-iminoctanophenanthrene (4a, 5 bed) furan.

ALFACETHYLMETHADOL (alpha-3-acetoxy-6-dimethylamino-4, 4-diphenylheptane).

ALFAMEPRODINE (alpha-3-ethyl-1-methyl-4-phenyl-4-propionoxypiperidine).

ALFAMETADOL (alpha-6-dimethylamino-4,4 diphenyl-3-heptanol).

ALPHAPRODINE (alpha-1,3-dimethyl-4-phenyl-4-propionoxypiperidine).

ALFENTANIL (N-[1-[2-(4-ethyl-4,5-dihydro-5-oxo-1H-tetrazol-1-yl) ethyl] -4-(methoxymethyl) -4-piperidinyl] -N phenylpropanamide monohydrochloride).

ALILPRODINE (3-allyl-1-methyl-4-phenyl-4-propionoxypiperidine).

ANILERIDINE (1-para-aminophenyl-4-phenylpiperidin-4-carboxylic acid ethyl ester).

BECITRAMIDE (1-(3-cyano-3,3-diphenylpropyl) -4-(2-oxo-3-propionyl-1-benzimidazolinyl)-piperidine).

BENZETIDINE (1-(2-benzyloxyethyl) -4-phenylpiperidin-4-carboxylic acid ethyl ester).

BENZYLmorphine (3-benzylmorphine).

BETACETYLMETHANOL (beta-3-acetoxy-6-dimethylamino-4,4-diphenylheptane).

BETAMEPRODIN (beta-3-ethyl-1-methyl-4-phenyl-4-propionoxypiperidine).

BETAMETADOL (beta-6-dimethylamino-4,4-diphenyl-3-heptanol).

BETAPRODIN (beta-1,3,dimethyl-4-phenyl-4-propionoxypiperidine).

BUPRENORPHINE.

DIOXAFETHYL BUTYRATE (ethyl 4-morpholine-2,2-diphenylbutyrate).

CANNABIS sativa, indica y americana o mariguana, its resin, preparations and seeds.

CETOBEMIDONE (4-meta-hydroxyphenyl-1-methyl-4-propionylpiperidine) or 1-methyl-4-methahydroxyphenyl-4-propionylpiperidine).

CLONITACENE (2-para-chlorobenzyl-1-diethylaminoethyl-5-nitrobenzimidazole).

COCA (sheets of). (erythroxylon novogratense).

COCAINE (benzoylecgonine methyl ester).

CODEINA (3-methylmorphine) and its salts.

CODOXIMA (dehydrodedeinona-6-carboxyximoxime).

POPPY STRAW CONCENTRATE (the material obtained when the poppy straw has entered a process for the concentration of its alkaloids, at the time it passes to the (trade).

DESOMORPHINE (dihydroximorphine).

DEXTROMORAMIDE ((+) -4-[2-methyl-4-oxo-3,3-diphenyl-4-(1-pyrrolidinyl)-butyl] morpholine) or [+] -3-methyl-2,2-diphenyl-4-morpholinobutyrylpyrrolidine).

DEXTROPROPOXYFEN (a-(+) -4 dimethylamino-1,2-diphenyl-3-methyl-2 butanol propionate) and its salts.

DIAMPROMIDE (n-[2-(methylphenethylamino)-propyl]-propionanilide).

DIETILTIAMUTENO (3-diethylamino-1,1-di-(2 '-thienyl) -1-butene).

DIFENOXILATE (1-(3-cyano-3,3-diphenylpropyl) -4-phenylpiperidin-4-carboxylic acid ethyl ester), or 2,2 diphenyl-4-carbetoxy-4-phenyl) piperidin) butyronitril).

DIFENOXINE (1-(3-cyano-3,3-diphenylpropyl) -4-phenilisonipecotic acid).

DIHYDROCODEIN.

DIHYDROMORFINA.

DIMEFEPTANOL (6-dimethylamino-4,4-diphenyl-3-heptanol).

DIMENOXADOL (2-dimethylaminoethyl-1-ethoxy-1,1-diphenylacetate), or 1-ethoxy-1-diphenylacetate of dimethylaminoethyl or dimethylaminoethyl diphenyl-alphaethoxyacetate.

DIMETHYLTHIAMBUTENE (3-dimethylamino-1,1-di-(2 '-thienyl) -1-butene).

DIPIPANONE (4,4-diphenyl-6-piperidin-3-heptanone).

DROTEANOL (3,4-dimethoxy-17-methylmorphinan-6 b, 14-diol).

ECGONINA its esters and derivatives that are convertible into ecgonine and cocaine.

ETHYLMETHYLTHIAMBUTENE (3-ethylmethylano-1,1-di (2 '-thienyl) -1-butene).

ETHYLMORPHINE (3-ethylmorphine) or dionine.

ETONITACENE (1-diethylaminoethyl-2-para-ethoxybenzyl-5-nitrobenzimidazole).

ETORFINA (7,8-dihydro-7 a, 1 (R)-hydroxy-1-methylbutyl 06-methyl-6-14-endoethene-morphine, also called (tetrahydro-7 a;-(1-hydroxy-1-methylbutyl) -6,14 Endoten-oripavina).

ETHOXERIDINE (1-[2-(2-hydroxyethoxy) ethyl] -4-phenylpiperidin-4-carboxylic acid ethyl ester.

FENADOXONE (6-morpholin-4,4-diphenyl-3-heptanone).

FENAMPROMIDE (n-(1-methyl-2-piperidinoethyl)-propionanilide) or n-[1-methyl-2-(1-piperidinyl)-ethyl] -n-phenylpropanamide.

FENAZOCINE (2 '-hydroxy-5,9-dimethyl-2-phenethyl-6,7-benzomorfan).

FENMETRAZINE (3-methyl-2-phenylmorpholine 7-benzomorphan or 1,2,3,4,5,6-hexahydro-8-hydroxy 6-11-dimethyl-3-phenethyl-2,6,-methane-3-benzazocine).

PHENOMENFAN (3-hydroxy-n-fenetilmorfinan).

FENOPERIDINE (1-(3-hydroxy-3-phenylpropyl) 4-phenylpiperidin-4-carboxylic acid ethyl ester, or 1 phenyl-3 (4-carbetoxy-4-phenyl-piperidin)-propanol).

FENTANIL (1-phenetyl-4-n-propionylanilinopiperidine).

FOLCODINE (morpholinylethylmorphine or beta-4-morpholinylethylmorphine).

FURETIDINE (1-(2-tetrahydrofurfuryloxyethyl)-4-phenylpiperidin-4-carboxylic acid ethyl ester).

HEROIN (diacetylmorphine).

HYDROCODONE (dihydrodeodeinone).

HYDROMORFINOL (14-hydroxydihydromorphine).

HYDROMORPHOA (dihydromorfinone).

HYDROXYPETHIDINE (ethyl ester of 4-meta-hydroxyphenyl-1 methyl piperidin-4-carboxylic acid) or ethyl ester of 1-methyl-4-(3-hydroxyphenyl)-piperidin-4-carboxylic acid.

ISOMETADONE (6-dimethylamino-5-methyl-4,4-diphenyl-3-hexanone).

LEVOFENACYLMORFAN ((-)-3-hydroxy-n-fenacylmorfinan).

LEVELETORFAN ((-)-3-methoxy-n-methylmorphinan).

LEVOMORAMIDE ((-) -4-[2-methyl-4-oxo-3,3-diphenyl-4-(1-pyrrolidinyl)-butyl]-morpholine), or (-) -3-methyl-2,2 diphenyl-4-morpholinobutyrylpyrrolidine).

LEVORPHANOL ((-)-3-hydroxy-n-methylmorphinan).

METHADONE (6-dimethylamino-4,4-diphenyl-3-heptanone).

METHADONE, intermediate of (4-cyano-2-dimethylamino-4, 4-diphenylbutane) or 2-dimethylamino-4,4-diphenyl-4-cyanobutane).

METAZOCINA (2 '-hydroxy-2,5,9-trimethyl-6,7-benzomorphan or 1,2,3,4,5,6, hexahydro-8-hydroxy-3,6,11,trimethyl-2,6-methano-3-benzazocine).

METHYLDESORPHINE (6-methyl-delta-6-deoxymorphine).

METHYLDIHYDROMORPHINE (6-methyldihydrohydrofina).

METILENIDATO (alpha-methylene ester of alpha-afenyl-2-piperidin acetic acid).

METRON (5-methyldihydromorfinone).

MIROFINA (myristilbenzilmorphine).

MORAMIDA, intermediate (2-methyl-3-morpholin-1, 1-diphenylpropane carboxylic acid) or (1-diphenyl-2-methyl-3-morpholin propane carboxylic acid).

MORFERIDINE (1-(2-morpholinoethyl) -4-phenylpiperidin-4-carboxylic acid ethyl ester).

MORPHINE.

MORPHINE BROMINOMETHYL and other morphine derivatives with pentavalent nitrogen, including in particular n-oxymorine derivatives, one of which is n-oxycodone.

NICOCODINA (6-nicotinylcodeine or 6-codeinic acid-pyridine-3-carboxylic ester).

NICOCODINA (6-nicotinyldihydrodein or nicotinic dihydrodein ester).

NICOMORPHINE (3.6-dinicotinylmorphine) or di-ester-nicotinic morphine).

NORACITADOL ((+)-alpha-3-acetoxy-6-methylamino-4,4-diphenylbeptane).

NORCODEIN (n-demethylcodeine).

NORLEVORPHANOL ((-) -3-hydroxymorfinan).

NORMETHADONE (6-dimethylamino-4,4-diphenyl-3-hexanone) or i, 1-diphenyl-1-dimethylaminoethyl-butanone-2 or 1-dimethylamino 3,3-diphenyl-hexanone-4).

NORMORPHINE (demethylmorphine or morphine-n-demethylated).

NORPIPANONE (4,4-diphenyl-6-piperidin-3hexanone).

N-OXIMORFINA

OPIO

OXYCODONE (14-hydroxydihydrodeinone or dihydrohydroxydeinone).

OXIMORFONE (14-hydroxydihydromorfinone) or dihydroxydroximorfinone).

POPPY STRAW, (Papover Somniferum, Papover Bracteatum, its straws and its seeds).

PENTAZOCINA and its salts.

PETIDINE (1-methyl-4-phenyl-piperidin-4-carboxylic acid ethyl ester), or meperidine.

intermediate A (4-cyano-1 methyl-4-phenylpiperidine or 1-methyl-4-phenyl-4-cyanopiperidine).

PETIDINE intermediate B of the (acido-4-phenylpiperidin-4-carboxylic acid or ethyl 4-phenyl-4-piperidin-carboxylic acid ester).

PETIDINE intermediate C of the (1-methyl-4-phenylpiperidin-4-carboxylic acid).

PIMINODIN (4-phenyl-1-(3-phenylaminopropyl)-piperidin-4-carboxylic acid ethyl ester).

PYRITRAMIDE (1-(3-cyano-3,3-diphenylpropyl) -4-(1-piperidin) acid -piperidin-4-carboxylic) or 2,2-diphenyl-4-1 (carbamoyl-4-piperidin) butyronitrile).

PROHEPPTACIN (1,3-dimethyl-4-phenyl-4-propionoxyazacycloheptane) or 1,3-dimethyl-4-phenyl-4-propionoxihexamethylenimine).

PROPERIDINE (1-methyl-4-phenylpiperidin-4-carboxylic acid isopropyl ester).

PROPIBOUQUET (1-methyl-2-piperidino-ethyl-n-2-pyridyl-propionamide)

RACEMETORFAN ((+)-3-methoxy-N-methylmorphinan).

RACEMORAMIDA ((+) -4-[2-methyl-4-oxo-3,3-diphenyl-4-(1-pyrrolidinyl)-butyl] morpholine) or ((+) -3-methyl-2,2-diphenyl-4-morpholinobutyrylpyrrolidine).

RACEMORFAN ((+)-3-hydroxy-n-methylmorphinan).

SUFENTANIL (n-[4-(methoxymethyl) -1-[2-(2-thienyl) ethyl] -4-piperidyl] propionanilide).

TEBACON (acetyldihydrodeinone or acetyldemetidilodimethylobetaine).

TEBAINA

THIIDINE ((+)-ethyl-trans-2-(dimethylamino) -1-phenyl-3-cyclohexene-1-carboxylate).

TRIMETHYRIDINE (1,2,5-trimethyl-4-phenyl-4-propionoxypiperidine); and

Narcotic isomers from the list above, unless expressly excepted.

Any other derived or prepared product containing substances mentioned in the above list, their chemical precursors and, in general, those of a similar nature and any other a substance to be determined by the Health Secretariat or the General Health Council. The corresponding lists will be published in the Official Journal of the Federation.

Article 235. -sowing, cultivation, harvesting, preparation, preparation, conditioning, acquisition, possession, trade, transportation in any form, medical prescription, supply, employment, use, consumption and, in general, any act related to narcotics or with any product containing them is subject to:

I. The provisions of this Law and its regulations;

II. The international treaties and conventions in which the United Mexican States are parties and which have been concluded in accordance with the provisions of the Political Constitution of the United Mexican States;

III. The provisions issued by the General Health Council;

IV. What other laws and general provisions related to the subject matter;

V. (Repeals).

VI. The related provisions that are issued by other Federal Executive agencies in the field of their respective competencies.

The acts referred to in this Article may only be performed for medical and scientific purposes and shall require authorization from the Health Secretariat.

Article 236.-For the trade or traffic of narcotic drugs within the national territory, the Health Secretariat shall determine the requirements to be met and issue special acquisition or transfer permissions.

Item 237. -All acts referred to in Article 235 of this Law shall be prohibited in the national territory in respect of the following substances and plants: opium prepared, for smoking, diacetylmorphine or heroin, its salts or preparations, cannabis sativa, indicates and americana or marihuana, papäver somniferum o adermidera, papäver bactreatum and erythroxylon novogratense or coca, in any of its forms, derivatives or preparations.

The same prohibition may be established by the Secretariat of Health for other substances mentioned in Article 234 of this Law, when it is considered that they may be substituted in their therapeutic uses for other elements which, in their opinion, do not originate in dependence.

Article 238. -For scientific research purposes only, the Health Secretariat shall authorise the bodies or institutions which have submitted an investigation protocol authorized by that agency, the acquisition of narcotic drugs to which it refers. Article 237 of this Law. Those bodies and institutions shall communicate to the Secretariat of Health the results of the investigations carried out and how they were used.

Article 239.-When the competent authorities seize narcotic drugs or products containing them, which are listed below, they must give notice to the Secretariat Health to express your interest in some or some of these substances.

ALFENTANIL (N (1-(2 (4-ethyl-4,5-dihydro-5-oxo-(H-tetrazol-1-yl) ethyl) -4 (methoxymethyl) -4-piperidinyl) phenylpropanamide monohydrochloride).

BUPRENORPHINE

CODEINA (3-methylmorphine) and its salts.

DEXTROPROPOXYFEN (-(+) a-4 dimethylamino-1,2-diphenyl-3-methyl-2 butanol propionate) and its salts.

DIFENOXILATE (1-(3-cyano-3,3-diphenylpropyl) 4-phenylpiperidin-4-carboxylic acid ethyl ester), or 2, 2-diphenyl-4-carbetoxy-4-phenyl) piperidin) butyronitril).

DIHYDROCODEIN

ETORFINA (7,8 dihydro-7a (-1 (R)-hydroxy-1-methylbutyl) -0 methyl-6-14-endoethene-morphine, also called tetrahydro-7a- (1-hydroxy) 1-methylbutyl) -6,14-endoethene-oripavin).

FENTANIL (1-phenetyl-4-N-propionylanilinopiperidine).

HYDROCODONE (dihydrodeodeinone).

METHADONE (6-dimethylamino-4,4-diphenyl-3-heptanone).

METILENIDATO (alphabenyl-2 piperidin acetic acid methyl ester).

MORPHINE and its salts.

OPIO powder

OXYCODONE (14-hydroxydihydrodeinone or dihydrohydroxydeinone).

PETIDINE (ethyl ester of 1-methyl-4-phenylpiperidin-4-carboxylic acid), or meperidine.

SUFENTANIL (N-{4-(methoxymethyl) -1-{2-(2-Tienyl)-ethyl} -4-piperidyl} propionanilide).

In case of considering that some or some of the substances mentioned do not meet the sanitary requirements to be used, the Health Secretariat will ask the authorities corresponding to their incineration.

The Secretariat will have the power to add other substances to this list, which must be published in the Official Journal of the Federation.

Article 240. -Only the professionals who are mentioned below, provided they have a registered title by the competent educational authorities, may prescribe narcotic drugs, comply with the conditions laid down by this Law and its regulations and with the requirements to be determined by the Health Secretariat:

I. Medical surgeons;

II. Veterinary physicians, when prescribing them for application in animals, and

III. The dental surgeons, for dental cases.

Medical interns, during the provision of the social service, may prescribe drugs, with the limitations that the Health Secretariat determines.

Article 241. -The prescription of drugs will be made in special prescriptions, which will contain, for their control, a bar code assigned by the Health Secretariat, or by the state health authorities, in the following terms:

I. The special prescriptions will be formulated by the professionals authorized under the terms of Article 240 of this law, for treatments no longer than thirty days, and

II. The maximum number of units prescribed per day must be adjusted to the therapeutic indications of the product.

Article 242. -the narcotic prescriptions referred to in the previous Article may only be supplied by the approved establishments for that purpose.

The aforementioned establishments will invariably collect the prescriptions or permits, make the respective seats in the narcotics accounting book and deliver the prescriptions and permits to staff authorized by the Health Secretariat, when required by the Secretary of Health.

Only narcotic prescriptions will be available, when they come from professionals authorized under Article 240 of this Law and containing the required complete data in the special prescriptions and the doses meet the approved therapeutic indications.

Article 243. -Preparations containing acetyldihydrodein, codeine, traspropoxyfen, dihydrodein, ethylmorphine, folcodine, nicocodine, corcodeine and propyram, which are part of the composition of proprietary medicinal products, shall be subject to of their preparation, prescription and sale or supply to the public, to the requirements laid down by the Secretariat of Health on their formulation.

CHAPTER VI

Psychotropic Substances

Article 244.-For the purposes of this Act, psychotropic substances are considered to be those specified in Article 245 of this order and those specifically determined by the the General Health Council or the Health Secretariat.

Article 245.- In relation to the control and surveillance measures to be adopted by the health authorities, the psychotropic substances are classified in five groups:

I. Those with little or no therapeutic value and who, because they are susceptible to misuse or abuse, constitute a particularly serious problem for public health, and are:

Denomination

International Common

Other Denominations

Common or Vulgis

Naming

Chemistry

CATINONA

MEFEDRONA

DO NOT HAVE

4- METILETCATITONE

(-) -a-aminopropiophenone.

2-methylamino-1ptolylpropan-1-one

DO NOT HAVE

DET

n, n-diethyltryptamine

DO NOT HAVE

DMA

dl-2,5-dimethoxy-a-methylphenylethylamine.

DO NOT HAVE

DMHP

3-(1,2-dimethylethyl) -1-hydroxy-7,8,9,10-tetrahydro-6,6,9-trimethyl-6H dibenzo (b, d) pyran

DO NOT HAVE

DMT

n, n-dimethyltryptamine.

BROLAMFETAMINA

DOB

2,5-dimethoxy-4-bromoamphetamine.

DO NOT HAVE

DOET

d1-2,5-dimethoxy-4-ethyl-a-methylphenylethylamine.

(+) -LISERGIDA

LSD, LSD-25

(+) -n, n-diethylsergamida-(diethylamide of d-lysergic acid)

DO NOT HAVE

MDA

3,4-methylenodioxiamphetamine.

TENANFETAMINE

MDMA

dl-3,4-methylenedioxy-n,-dimethylphenylethylamine.

DO NOT HAVE

MESCALINA (PEYOTE; LO-PHOPHORA WILLIAMS II ANHALONIUM WILLIAMS II; ANHALONIUM LEWIN II.

3,4,5-trimethoxifenethylamine.

DO NOT HAVE

MMDA.

dl-5-methoxy-3,4-methylenedioxy-a-methylphenylethylamine.

DO NOT HAVE

PARAHEXILO

3-hexyl-1-hydroxy-7,8,9,10-tetrahydro-6,6,9-trimethyl-6h-dibenzo [b, d] pyran

ETICICLIDINA

PCE

n-ethyl-1-phenylcyclohexylamine.

ROICLIDINA

PHP, PCPY

1- (1-phenylcyclohexyl) pyrrolidine.

NO HAS

PMA

4-methoxy-a-methylphenile-tilamine.

DO NOT HAVE

PSILOCINA, PSILOTSINA

3- (2-dimethylaminoethyl)

-4-hydroxy-indol.

PSILOCYBIN

HALLUCINATORY MUSHROOMS OF ANY BOTANICAL VARIETY, ESPECIALLY THE MEXICAN PSYCHOCYBE SPECIES, STOPHARIA CUBENSIS AND CONOCYBE, AND ITS ACTIVE PRINCIPLES.

dihydrogen phosphate of 3-(2-dimethyl-aminoethyl)-indole-4-yl.

DO NOT HAVE

STP, DOM

2-amino-1-(2.5 dimethoxy-4-methyl) phenylpropane.

TENOCICLIDINA

TCP

1- [1- (2-thienyl) cyclohexyl] -piperi-dina.

DO NOT HAVE

THC

Tetrahydrocannabinol, the si-guientes isomers: 6a (10a), 6a (7), 7, 8, 8, 9, 10, 9 (11) and their stereochemical variants.

CANNABINOIDS

SYNTHETIC

K2

DO NOT HAVE

TMA

dl-3,4,5-trimethoxy -- methylphenylethylamine.

PIPERAZINE TFMPP

DO NOT HAVE

1.3- trifluoromethylphenylpiperazine

PIPERONAL OR HELIOTROPIN

ISOSAFROL

SAFROL

BENZYL CYANIDE

Any other product, derivative or preparation containing the substances mentioned in the previous relationship and when expressly determined by the Health Secretariat or the General Health Council, its chemical precursors and in general the same as those of a similar nature.

II.- Those that have some therapeutic value, but constitute a serious problem for public health, and that are:

AMOBARBITAL

AMPHETAMINE

BUTORFANOL

CYCLOBARBITAL

DEXTROAMPHETAMINE (DEXAMPHETAMINE)

FENETILINA

FENCIDINA

HEPTABARBITAL

MECLODIONE

METAACALONE

METHAMPHETAMINE

NALBUFINA

PENTOBARBITAL

SECOBARBITAL.

And its salts, precursors and chemical derivatives.

III.- Those that have therapeutic value, but are a problem for public health, and that are:

BENZODIAZEPINES:

BARBITURIC ACID (2, 4, 6 TRIHYDROXYPYRAMIDINE)

ALPRAZOLAM

AMOXAPINA

BROMAZEPAM

BROTIZOLAM

CAMAZEPAM

CLOBAZAM

CLONAZEPAM

DIPOTASSIUM CHLORACEPATE

CLORDIAZEPOXIDO

CLOTIAZEPAM

CLOXAZOLAM

CLOZAPINA

DELORAZEPAM

DIAZEPAM

EFEDRINA

ERGOMETRINE (ERGONOVINE)

ERGOTAMINE

ESTAZOLAM

1-PHENYL -2-PROPANONE

PHENYLPROPANOLAMINE

FLUDIAZEPAM

FLUNITRAZEPAM

FLURAZEPAM

HALAZEPAM

HALOXAZOLAM

KETAZOLAM

ETHYL LOFLACCEPTATE

LOPRAZOLAM

LORAZEPAM

LORMETAZEPAM

MEDAZEPAM

MIDAZOLAM

NIMETAZEPAM

NITRAZEPAM

NORDAZEPAM

OXAZEPAM

OXAZOLAM

PEMOLINA

PIPOZIDE

PINAZEPAM

PRAZEPAM

PSEUDOEPHEDRINE

QUAZEPAM

RISPERIDONE

TEMAZEPAM

TETRAZEPAM

TRIAZOLAM

ZIPEPROL

ZOPICLONA

And its salts, precursors and chemical derivatives.

Other:

ANFEPRAMONE (DIETILPROON)

CARISOPRODOL

CLOBENZOREX (CHLOROPHENTERMINE)

ETCLORVINOL

FENDIMETRAZINE

FENPROPOREX

PHENTERMINE

GLUTESHY

CLORAL HYDRATE

KETAMINA

MEFENOREX

MEPROBAMATO

TRIHEXIFENID.

IV.- Those with extensive therapeutic uses and are a minor problem for public health, and are:

GABOB (GAMMA AMINO BETA HYDROXYBUTYRIC ACID)

ALOBARBITAL

AMITRIPTYLINE

APROBARBITAL

BARBITAL

BENZOFETAMINE

BENZQUINAMINE

BIPERIDENO

BUSPIRONE

BUTABARBITTAL

BUTALBITAL

BUTAPPERAZINE

BUTETAL

BUTRIPTILINA

CAFFEINE

CARBAMAZEPINE

CARBIDOPA

CARBROMAL

CHLORIMIPRAMINE HYDROCHLORIDE

CHLOROMEZANONE

CHLOROPROMAZINE

CLORPROTIXENO

DEANOL

DESIPRAMINE

ECTILUREA

ETINAMATO

FENELCINA

FENFLURAMINE

PHENOBARBITAL

FLUFENAZINE

FLUMAZENIL

HALOPERIDOL

HEXOBARBITAL

HYDROXYCIN

IMPRIDAMINE

ISOCARBOXAZIDE

LEFETAMINE

LEVODOPA

LITHIUM-carbonate

MAPROTILIN

MAZINDOL

MEPAZINA

METHYLPHENOBARBITAL

METHYLPARAFFINOL

METIPRILONE

NALOXONE

NOR-PSEUDOEPHEDRINE (+) CATINA

NORTRIPTILINA

PARAALDEHYDE

PENFLURIDOL

SODIUM PENTOTAL

PERFENAZINE

PIPRADROL

PROMAZINE

PROPYLHEXEDRINE

SERTRALINA

SULFITE

TETRABENAZINE

TIALBARBITAL

TIOPENTAL

TIOPROPERAZINE

TIORIDAZINE

TRAMADOL

TRAZODONE

TRAZOLIDONE

TRIFLUOPERAZINE

VALUE (ACID)

VINILBITAL.

And its salts, precursors and chemical derivatives.

V.- Those that lack therapeutic value and are used in the industry, which will be determined in the corresponding regulatory provisions.

Article 246.-The Health Secretariat shall determine any other substance not included in the previous Article and which must be considered as psychotropic for the purposes of this Law, as well as the products, derivatives or preparations containing it. The corresponding lists will be published in the Official Journal of the Federation, specifying the group to which each of the substances corresponds.

Article 247. -sowing, cultivation, harvesting, preparation, preparation, conditioning, acquisition, possession, trade, transportation in any form, medical prescription, supply, use, use, consumption and, in general, all acts related to substances psychotropic or any product containing them, is subject to:

I. The provisions of this Law and its regulations;

II. The international treaties and conventions in which the United Mexican States are parties and which have been concluded in accordance with the provisions of the Political Constitution of the United Mexican States;

III. The provisions issued by the General Health Council;

IV. What other laws and general provisions related to the subject matter;

V. (Repeals)

VI. The related provisions that are issued by other Federal Executive agencies in the field of their respective competencies.

The acts referred to in this Article may only be carried out for medical and scientific purposes, and shall require, as well as the respective substances, the authorization of the Secretariat of Health.

Article 248. -All acts of those referred to in Article 247 of this Law shall be prohibited in relation to the substances included in section I of Article 245.

Article 249. -Only for the purposes of scientific research, the Health Secretariat may authorize the acquisition of the psychotropic substances referred to in Article 245 of this Law, in order to be delivered under control to organisms or institutions which have submitted a research protocol authorized by that Dependency, which in turn shall communicate to the Secretariat the result of the investigations carried out and how they were used.

Article 250. -Psychotropic substances included in Article 245 (II) of this Law, as well as those provided for in the applicable provisions or in the lists referred to in Article 246, in the case of the group to which it refers The provisions of Chapter V of this Title shall be subject to the provisions of Chapter V of this Title.

Item 251. -Psychotropic substances included in Article 245 (III) of this Law, as well as those provided for in the applicable provisions or in the lists referred to in Article 246, in the case of the group to which it refers fraction, will require for sale or supply to the public, a medical prescription containing the number of the medical professional cedula to be issued by the former, which must be dispensed at once and be held in the pharmacy that is in the groove, according to the provisions of the Secretariat of Health.

Article 252. -Psychotropic substances included in Article 245 (IV) of this Act, as well as those provided for in the applicable provisions or in the lists referred to in Article 246, in the case of the group referred to in that Article. fraction, shall require, for sale or supply to the public, a medical prescription containing the number of the professional cedula of the doctor who is issued by it, which may be issued for up to three times, with a duration of six months, counted from the date of of their expedition and will not require to be held by the pharmacy that surts it, the first two times.

Article 253.-The Health Secretariat will determine, taking into account the risk posed to public health by its frequent misuse, which of the Psychotropic substances that lack therapeutic value and are used in industry, crafts, commerce and other activities should be considered as dangerous, and their sale shall be subject to the control of such dependence.

Article 254.-The Health Secretariat and the governments of the federative entities in their respective areas of competence, in order to prevent and prevent the consumption of substances inhalants that produce psychotropic effects in people, will be adjusted to the following:

I. They shall determine and exercise means of control in the dispensing of inhalant substances, to prevent their consumption by minors and incapable;

II. Establish surveillance systems in establishments intended for the purpose and use of such substances to prevent misuse of such substances;

III. Provide medical care that is required, to people who have or have taken the intake of inhalants, and

IV. Promote and carry out permanent information and guidance campaigns to the public for the prevention of health damage caused by the consumption of inhalant substances.

To establishments selling or using inhalant substances with psychotropic effects that do not conform to the control provided by the health authority, as well as to the responsible for the same, the administrative penalties that correspond to the terms of this Law will apply to them.

Article 254 Bis.-When the competent authorities seize psychotropic substances or products containing them, which are listed below, they must give notice to the Health Secretariat to express their interest in some or some of these substances:

NALBUFINA

PENTOBARBITAL

SECOBARBITAL and all substances of Groups III and IV of Article 245 of this Law.

In case of considering that some or some of the substances mentioned do not meet the sanitary requirements to be used the Health Secretariat will ask the authorities to proceed to be incinerated.

The Health Secretariat will have the power to add other substances to this list, which must be published in the Official Journal of the Federation.

Article 255. -medicinal products which have incorporated psychotropic substances which may cause dependence and which are not covered by Article 245 of this Law, in the applicable provisions or in the lists referred to in Article 246, shall be be considered as such and shall therefore be subject to the provisions of Articles 251 and 252, as determined by the Secretariat itself.

Article 256. -Packaging and packaging of psychotropic substances, for their purpose, shall bear labels which, in addition to the requirements laid down in Article 210 of this Law, bear those which lay down the provisions applicable to the subject matter of this Law. Chapter.

CHAPTER VII

Establishments Intended for Drug Processing

Article 257. -establishments which are intended for the processing of the products referred to in Chapter IV of this Title, including their import and export, are to be classified for the purposes of this law:

I. Factory or laboratory of raw materials for the manufacture of medicinal products or biological products for human use;

II. Factory or laboratory of medicinal products or biological products for human use;

III. Factory or laboratory of herbal remedies;

IV. Laboratory of chemical, biological, pharmaceutical or toxicology control, for the study, experimentation of drugs and raw materials, or auxiliary of sanitary regulation;

V. The storage of medicinal products or biological products and herbal remedies;

VI. Warehouse for the deposit and distribution of medicinal products or biological products for human use, and herbal remedies;

VII. Warehouse warehouse and distribution of raw materials for the manufacture of medicinal products for human use;

VIII. Drogueria: The establishment that is dedicated to the preparation and distribution of medicinal products and officialdom, in addition to the marketing of proprietary medicinal products, including those containing narcotic drugs and psychotropic substances and other Health inputs;

IX. Botica: The establishment engaged in the marketing of proprietary medicinal products, including those containing narcotic drugs and psychotropic substances or other health inputs;

X. Pharmacy: The establishment that engages in the marketing of proprietary medicinal products, including those containing narcotic drugs and psychotropic, general health inputs, as well as cosmetic products, and grooming products;

XI. Establishments for the processing of medicinal products for veterinary use, and

XII. The others to be determined by the General Health Council.

Article 258. The establishments referred to in Sections I, II, IV and XI of the previous Article and those relating to other fractions when they are allocated to the The process of the products mentioned in section I of article 198 of this Law, must have the corresponding health license issued by the Health Secretariat. The establishments other than those referred to in this paragraph only require a notice of operation to the Health Secretariat.

The establishments referred to in Sections I, II, IV and XI of the previous Article and those relating to other fractions when they are used for the production, manufacture, manufacture, preparation, preservation, mixing, conditioning, packaging and handling of the products mentioned in section I of Article 198 of this Law, must possess and comply with the requirements of the last edition of the Pharmacopoeia of the United Mexican States and its official supplements for products or specific activities, drawn up by the Secretariat itself. The various establishments referred to in this paragraph should only possess and comply with the provisions of the United Mexican Pharmacopoeia supplements relating to the sale and supply of medicinal products.

Article 259. -The establishments referred to in Article 257 of this Law shall have a responsibility for the identity, purity and safety of the products.

Those responsible shall meet the requirements laid down in the applicable provisions and shall be designated by the holders of the licenses or owners of the establishments, who shall give the relevant notice to the Health Secretariat.

Article 260. -the health officials of the establishments referred to in Article 257 of this Law shall be professional with a registered title by the competent educational authorities, in accordance with the following requirements:

I. In the establishments referred to in fractions I, IV, V and VI must be a pharmacist, a pharmaceutical chemical biologist, an industrial or professional pharmaceutical chemist whose career is related to the pharmacy; in the case of establishments manufacturing homeopathic medicinal products, the person responsible may be a homeopath;

II. In the establishments referred to in fractions II and VII, in addition to the professionals identified in the previous fraction, the person responsible may be an industrial chemical;

III. In the establishments identified in fractions III and VIII, in addition to the professionals mentioned in the section I, a doctor may be responsible;

IV. In the establishments mentioned in the IX and X fractions, they only require a notice of responsibility, those who expend drugs containing narcotic drugs or psychotropic substances, who may be any of the professionals listed in Sections I, II and III of this Article. If this is not the case, the owner will be responsible under the terms of Article 261 of this Law.

V. In the establishments identified in the XI fraction, the person responsible may be, in addition to the professionals indicated in the section I of this article, a veterinary doctor, zootecnista, and

VI. In the establishments identified in section XII, the General Health Board shall determine the requirements of the health officer.

Article 261.-In cases where they are affected, by action or omission, the identity, purity, conservation, preparation, dosage or manufacture of the products, the The person responsible for the establishment and the owner of the establishment shall be jointly and severally liable for the penalties provided for in this Law and other applicable legal provisions.

CHAPTER VIII

Medical equipment, prostheses, orthotics, functional aids, diagnostic agents, dental use inputs, surgical, healing materials, and hygienic products

Article 262.-For the purposes of this Act, it is understood by:

I. Medical equipment: equipment, accessories and instruments for specific use, intended for medical, surgical or examination procedures, diagnosis, treatment and rehabilitation of patients, as well as those for carrying out biomedical research activities;

II. Prostheses, orthotics and functional aids: those devices intended to replace or supplement a function, organ or tissue of the human body:

III. Diagnostic agents: All inputs including antigens, antibodies, calibrators, verifiers, reagents, reagent kits, culture and contrast media and any other similar that can be used as auxiliary to other clinical or paraclinical procedures.

IV. Dental use inputs: all substances or materials used for dental health care, and

V. Surgical and healing materials: The devices or materials that are added or not of antiseptics or germicides are used in surgical practice or in the treatment of continuity solutions, skin lesions or their attachments, and

VI. Hygienic products: Materials and substances applied on the surface of the skin or body cavities and having pharmacological or preventive action.

Article 263.-In the case of medical equipment, prostheses, orthotheses, and functional aids, the specifications for handling and handling must be expressed on the label or manual. conservation, with the characteristics indicated by the Health Secretariat.

Article 264. The process, use and maintenance of medical equipment and diagnostic agents in which radiation sources are involved, will conform to the standards Mexican officials or applicable provisions, including the disposal of waste from such materials, without prejudice to intervention by other competent authorities.

The labels and counter-labels of the diagnostic equipment and agents shall, in addition to the requirements laid down in Article 210 of this Law, bear the following: "Danger, radioactive material for exclusive use in medicine"; indication of isotopes containing activity, average life of the same and type of radiation emitted, as well as the recognised international logo to indicate the materials radioactive.

Article 265. -The labels and counter-labels of the diagnostic agents used in medical devices or equipment, in addition to the requirements laid down in Article 210 of this Law, must contain the legend " For exclusive use in laboratories Cabinets or cabinets.

The indications on the use they have inside the laboratory or cabinet, the technique for their use, their form of application, if any, and precautions for use, will be detailed in a instructional attached to the product.

Article 266.-For biological reagents to be administered to human beings, the provisions of Articles 230 and 231 of the this Act.

Your labels and counter-labels, in addition to the requirements set out in Article 210 of this Law, must clearly express the route of administration and the dose. The indications, precautions and forms of application shall be detailed in an instruction attached to the product.

Item 267. -The health supplies included in Article 262 of this law may not be sold, supplied or used, with due expiration date.

Article 268.-The process of surgical, healing, and hygienic products shall be subject, as appropriate, to the provisions of Chapter IV of this Article. Title.

Article 268 Bis.- Tattooists, drillers or micropigmenters must have health authorization in accordance with the terms of Chapter I of the Title Tenth Sixth of this Law and the other applicable provisions.

This is meant by:

Tattooist: Person recording drawings, figures, or marks on human skin, introducing colorants under the epidermis with needles, punches, or other instruments previously arranged.

Perforator: Person who introduces some decorative object of hypoallergenic implantation material into the skin or mucosa with a cutting puncture instrument.

Micropigmenter: Person who deposits pigments in specific areas of human skin, under the epidermis, in the hair layer of the dermis with needles actuated by a manual or electromechanical instrument.

Article 268 Bis-1.- It is forbidden to perform tattoos, micro-pigmentations and perforations to persons under 18 years of age, as well as those that do not find in full enjoyment of their mental faculties. In the case of the above mentioned actions, only the foregoing may be waived where the under-18s are accompanied by one of their parents or guardian upon accreditation of such a character, or have written authorisation.

The violation of this provision will be sanctioned in the terms provided for in Article 419 of this Law, and will lead to the definitive revocation of the authorization respective.

CHAPTER IX

COSMETICS products

Article 269. For the purposes of this Law, cosmetic products are considered the substances or formulations intended to be put in contact with the superficial parts of the human body: epidermis, hair and hair system, nails, lips and genital organs External, or with teeth and mouth mucous membranes for the exclusive or primary purpose of cleaning, perfuming them, helping to modify their appearance, protecting them, keeping them in good condition or correcting body odours or attenuating or preventing deficiencies or changes in the functioning of healthy skin.

A substance or mixture intended to be ingested, inhaled, injected or implanted into the human body shall not be considered a cosmetic product.

The Secretariat shall make known by Agreement or listing all substances restricted or prohibited for the manufacture of cosmetic products.

In the manufacture of cosmetic products, substances that have been evaluated and approved by the Secretariat may be used immediately. regardless of their subsequent inclusion in the Agreement or listings for general use.

Article 270. The cosmetic products ' own stock of medicines, such as curing or being a definitive solution of diseases, cannot be attributed to cosmetic products, regulate the weight or fight obesity, be it in the name, indications, instructions for use or advertising.

The manufacturers, importers and marketers of cosmetic products will have to have the safety studies, efficiency and all the others that are established in the different rules and rules applicable, giving them to the Secretariat, if required.

Those responsible for advertising for cosmetic products must submit notice to the Secretariat to advertise their products; the notice will be given by product brand in basis of the requirements laid down in the Regulation and shall at least contain the following information:

Name and address of the manufacturer, name and address of the importer and distributor, brand, name and Federal Register of Contributors of the product and of the product advertising.

Article 271.-Products for slimming or thickening body parts or varying the proportions of the body; as well as those intended for the purposes of Article 269 of this Law, which contains hormones, vitamins and, in general, substances with therapeutic action attributed to them, will be considered medicinal products and must be subject to the provisions of Chapter IV of this Law. Title.

Article 272.-On the labels of packaging and packaging in which the products referred to in this Chapter are presented, in addition to the provisions of Article 210 of this Chapter Law, where appropriate, shall include legends determining the applicable provisions.

For the declaration of ingredients, the international technical nomenclatures shall be used to determine the applicable normativity.

CHAPTER IX BIS

Specialized Exercise of Surgery

Article 272 Bis.-For the performance of any specialty surgical medical procedure, professionals who exercise it require:

I. A specialist legally issued by the competent educational authorities.

II. A certificate in force in force that establishes capacity and experience in the practice of the relevant procedures and techniques in the field, agreement to the Lex Artis Ad Hoc of each specialty, issued by the Council of the specialty as appropriate, in accordance with Article 81 of this Law.

Specialist doctors may belong to a medical group, whose foundations of organization and operation will be carried out by associations, societies, schools or federations of professionals in their specialty; groups that are responsible for ensuring the professionalism and ethics of the experts in this practice of medicine.

The National Regulatory Committee of Medical Specialties Councils and the Boards of Medical Specialties for the application of this Article and the provisions of the Title Fourth of this Law, shall be subject to the provisions issued by the Health Secretariat.

Article 272 Bis 1.-Plastic, aesthetic and reconstructive surgery related to changing or correcting the contour or shape of different areas or regions of the face and the body must be carried out in establishments or medical units with a health licence in force, attended by health professionals specialising in such matters, in accordance with the provisions of Article 272 Bis.

Article 272 Bis 2.-The offer of services that is made through information media, whether printed, electronic or otherwise, by professionals who exercise plastic, aesthetic or reconstructive surgery, as well as the establishments or medical units in which such surgeries are carried out, shall provide for and contain clearly in their advertising the requirements referred to in Articles 83, 272 Bis, 272 Bis 1 and as provided for in the Single Chapter of Title XIII of this Law.

Article 272 Bis 3.-Companies, associations, associations, associations or associations of professionals will make available to the Secretariat of Health, a directory electronic, with access to the public containing the names, data of the professionals who carry out medical procedures-surgical and certificate of specialization in force, in addition to providing the name and data of the Institution and/or Educational institutions, which support their professional practice.

CHAPTER X

Aseo products

Article 273.-For the purposes of this Law, they are considered to be toiletries, regardless of their physical state, substances intended for washing or cleaning objects, surfaces or premises and those that provide a certain aroma to the environment.

The following shall be included in the products referred to in the preceding

:

I. Soaps;

II. Detergents;

III. Cleaners;

IV. Whiteners;

V. Starches for external use;

VI. Dismanchators;

VII. Disinfectants;

VIII. Environmental deodorants and flavourings, and

IX. Other similar in nature to be determined by the Health Secretariat.

Article 274.-On the labels of the packaging and packaging in which the products referred to in the previous Article are presented, in addition to the provisions of Article 210 of this Law, the legends shall be included in the law to determine the applicable provisions.

CHAPTER XI

Tobacco

Article 275. Repeals.

Article 276. Repeals.

Item 277. Repeals.

Article 277 bis. Repeals.

CHAPTER XII

Pesticides, Plant Nutrients, and Toxic or Dangerous Substances

Article 278.-For the purposes of this law it is understood by:

I. Pesticide: Any substance or mixture of substances intended to control any pest, including vectors that transmit human and animal diseases, unwanted species causing injury or interfering with the disease. agricultural and forestry production, as well as defoliating and desiccant substances;

II. Vegetable nutrients: Any substance or mixture of substances containing useful elements for the nutrition and development of plants, growth regulators, soil improvers, inoculants and moisturizers;

III. Dangerous substance: The element or compound, or the chemical mixture of the two, having characteristics of corrosivity, reactivity, flammability, explosiveness, toxicity, biologic-infectious, carcinogenicity, teratogenicity or mutagenicity, and

IV. Toxic substance: the element or compound, or the chemical mixture of the two, which, when by any means of entry, either inhalation, ingestion or contact with the skin or mucous membranes, cause adverse effects to the organism, immediately or mediata, temporary or permanent, such as functional lesions, genetic, teratogenic, mutagenic, carcinogenic or death.

The Health Secretariat will determine, through lists to be published in the Official Journal of the Federation, plant nutrients, as well as toxic or dangerous substances. that as a risk to health they must be subject to health control.

Article 279.-Corresponds to the Health Secretariat:

I. Establish, in coordination with the agencies of the competent Federal Executive and for the purposes of sanitary control, the classification and characteristics of the different products referred to in this Chapter, according to the risk that represent directly or indirectly for human health;

II. authorise, where appropriate, products which may contain one or more of the substances, pesticides or plant nutrients, taking into account the use of the product for which the product is intended;

III. Authorize the solvents used in plant pesticides and nutrients, as well as the materials used as vehicles, which must not be toxic by themselves or increase the toxicity of the pesticide or the plant nutrient;

IV. Authorise the process of persistent and bioaccumulative pesticides of any chemical composition, only when they are not in danger to human health and where appropriate replacement of such pesticides is not possible, and

V. Establish, in coordination with the competent agencies, the Mexican official rules specifying the conditions to be met for manufacturing, formulating, packaging, labelling, packaging, storage, transport, marketing, and apply pesticides, plant nutrients and toxic or dangerous substances at any stage of their life cycle. In order to protect the health of the population, the opinion of the Health Secretariat will prevail.

Article 280.-The Health Secretariat will issue the official Mexican standards of protection for the process, use and application of pesticides, plant nutrients and substances. toxic or dangerous.

Article 281. -The labels of the packages of pesticides, plant nutrients and toxic or dangerous substances, in the pipeline, must show, in Spanish, clearly the legend about the dangers involved in the handling of the product, its form of use, its In case of poisoning and handling of containers containing or containing them, in accordance with the applicable legal provisions and with the rules dictated by the Health Secretariat.

Article 282.-The sanitary control of the substances referred to in Article 278 shall be in accordance with this law and other applicable provisions, according to the risk they pose directly or indirectly to human health.

CHAPTER XII BIS

Biotech Products

Article 282 bis.-For the purposes of this Law, biotechnological products are considered, those foods, ingredients, additives, raw materials, health supplies, pesticides, toxic or dangerous substances, and their wastes, in which the process involves living organisms or parts thereof, modified by traditional technique or genetic engineering.

Article 282 bis 1.-The Secretariat of Health shall be notified of all biotechnological products or derivatives thereof that are intended for use or consumption. human.

Article 282 bis 2.-The provisions and specifications relating to the process, characteristics and labels of the products covered by this Chapter shall be established in the corresponding Mexican official rules.

CHAPTER XIII

Import and Export

Article 283.-The Health Secretariat is responsible for the sanitary control of the import and export raw materials and products included in this Title, including the identification, nature and characteristics of the respective products.

Article 284.-The Health Secretariat may identify, verify, certify and monitor, at the national level, the health quality of the import products.

In cases where the import products do not meet the requirements or characteristics laid down by the relevant legislation, the Health Secretariat shall apply the Security that corresponds.

Article 285. -The importer of the products referred to in this Title shall be domiciled in the country and subject to the applicable provisions.

Article 286. For food, non-alcoholic beverages, alcoholic beverages, cosmetic products, grooming products, as well as the materials used in its preparation, the Secretary of Health, by agreement published in the Official Journal of the Federation, will determine based on the health risks that products or raw materials that require prior authorization of import.

Article 286 Bis. The importation of the products and raw materials covered by this Title which do not require prior import health authorization shall be subject to the following bases:

I. Products may be imported, provided that the importer exhibits the documentation set out in the regulatory provisions of this Law, including the health certificate issued by the health authority of the country of origin in accordance with international conventions and treaties to be concluded or from national or foreign laboratories accredited by the Secretaries of Health or the Economy, in accordance with the coordination arrangements to be concluded by these agencies. It shall also give notice to the Secretariat of the arrival and destination of the products;

II. The Secretariat may randomly sample and analyze imported products, even if they have health certification to verify compliance with Mexican official standards or applicable provisions. Where the sampled product is found not to comply with the above standards or provisions, the Secretariat may request its conditioning, and if this is not possible, it shall proceed under the terms of this Act. In addition, in these cases the authorization of the laboratory that issued the certificate will be revoked, and

III. The new products or those that will be introduced for the first time to the country, prior to their hospitalization will be sampled and analyzed in accredited laboratories, to verify that they comply with the official Mexican norms or provisions applicable.

Article 287.-The Health Secretariat, in support of exports, may certify the processes or products referred to in Article 194 (1) of this Act, or establishments in which such processes are carried out, provided that they comply with the applicable provisions.

Article 288.-For the export of health inputs, the exporting establishment shall not be required to have a health license, only issued export certificate by the Secretariat. When the acceptance of these inputs is credited, by the final importer, they will not require health registration.

The export certificate for narcotic, psychotropic and blood products shall not be issued.

Article 289. -The import and export of narcotic drugs, psychotropic substances and products or preparations containing them, require authorization from the Health Secretariat. Such operations may be carried out only by the customs office of air ports determined by the Health Secretariat in coordination with the competent authorities. In no case may they be carried out by post.

Article 290.-The Health Secretariat shall grant authorization to import narcotic drugs, psychotropic substances, products or preparations containing them, exclusively a;

I. The drogueries, to be sold to pharmacies or for the official preparations that the establishment itself produces, and

II. The establishments intended for the production of medicinal products authorised by the Secretariat itself.

Your process will be subject to the provisions of Chapters V and VI of this Title, with the Secretariat to grant authorization in special cases where the The direct import is justified by the direct import.

Article 291. -Mexican consular offices abroad will certify the documentation that will cover narcotic drugs, psychotropic substances, products or preparations containing them, for which the interested parties must present the following documents:

I. Health permit, issued by the competent authorities of the country from which they come, authorizing the departure of the products declared in the corresponding consular documents, invariably in the case of narcotic drugs and relevant for psychotropic substances, and

II. Health permit issued by the Health Secretariat, authorizing the importation of the products indicated in the consular document. This permission will be retained by the consul when certifying the document.

Article 292.-The Health Secretariat shall authorize the export of narcotic drugs, psychotropic substances, products or preparations containing them, where there is no drawback to this and the following requirements are met:

I. That the persons concerned submit the import permit issued by the competent authority of the country to which they are intended, invariably in the case of narcotic drugs and where appropriate for psychotropic substances, and

II. That the customs office in which they are intended to be exported is one of those indicated in accordance with Article 289 of this Law.

The Health Secretariat will send a copy of the health permit issued, dated and numbered, to the authorized port of departure.

Article 293. -The transport by the national territory is prohibited, with destination to another country of the substances mentioned in Article 289 of this Law, as well as those that in the future are determined according to the provisions of Article 246 of the same.

Article 294.-The Health Secretariat is empowered to intervene in sea and air ports, at the borders and, in general, at any point in the national territory, in relationship to the trafficking of narcotic drugs and psychotropic substances, for the purposes of identification, control and disposal.

Article 295. -Without prejudice to the privileges of other branches of the Federal Executive, health authorization issued by the Secretariat of Health is required for the importation of the medicinal products and their raw materials, medical equipment, prostheses, ortheses, functional aids, diagnostic agents, dental use inputs, surgical and healing materials and hygienic products to be determined by the Secretary, by agreement published in the Official Journal of the Federation.

Article 296. -(Repeals).

Article 297. -(Repeals).

Article 298. -Health authorization is required from the Secretariat of Health for the importation of pesticides, plant nutrients and toxic or dangerous substances that constitute a health risk.

The importation of persistent and bioaccumulative pesticides of any chemical composition shall be authorised only if they do not present a danger to human health and are not possible replacement of the same.

The Health Secretariat, by agreement that will publish in the Official Journal of the Federation, will determine the pesticides and plant nutrients that will not require authorization. health for import.

Article 299.-When the import of the substances mentioned in the previous Article is authorized, it is up to the Health Secretariat to monitor and control the activities they are carried out with them, in the terms of the applicable provisions.

THIRD THIRD TITLE

Advertising

ONLY CHAPTER

Article 300. In order to protect public health, it is the responsibility of the Health Secretariat for the authorization of advertising that refers to health, the treatment of diseases, the rehabilitation of persons with disabilities, exercise of the disciplines for health and the products and services referred to in this Law. This power shall be exercised without prejudice to the powers conferred on the Secretaries of Government, Public Education, Economy, Communications and Transport and other dependencies of the Federal Executive.

Article 301. It will be the subject of authorization by the Secretary of Health, the publicity that is carried out on the existence, quality and characteristics, as well as to promote the use, sale or consumption in direct or indirect form of the inputs for health, alcoholic beverages, as well as the products and services to be determined in the regulation of this Law in the field of advertising.

Article 301a.-The regulatory provisions shall determine the products and services in which the person concerned shall only require the Secretariat of Health to be given notice, advertising dissemination.

Article 302. -The governments of the federal entities shall assist the Secretariat of Health in the activities referred to in the previous Article, which are carried out in their respective territorial jurisdictions.

Article 303.-The Health Secretariat will coordinate actions that, in the field of health-related advertising, will be carried out by public sector institutions, with the the participation of the social and private sectors, and with the intervention that corresponds to the Secretariat of the Interior.

Article 304.-The key to the authorization of the publicity given by the Health Secretariat, if any, must appear in the printed advertising material, but not forming part of the precauthorship legend.

The resolutions on advertising authorizations issued by the Health Secretariat may not be used for commercial or advertising purposes.

Article 305. -Those responsible for advertising, advertisers, advertising agencies and broadcasters, will conform to the rules of this title.

Article 306. -The advertising referred to in this Law shall be subject to the following requirements:

I. The information contained in the message on quality, origin, purity, conservation, nutritional properties and employment benefits should be verifiable;

II. The message must have guiding and educational content;

III. The elements that compose the message, if any, must correspond to the characteristics of the respective health authorization,

IV. The message shall not induce conduct, practices or habits harmful to physical or mental health that involve risk or attack the safety or physical integrity or dignity of persons, in particular women;

V. The message must not undermine or contravene the principles, provisions and orders that in the field of prevention, treatment of diseases or rehabilitation, establish the Secretariat of Health, and

VI. The advertising message must be prepared in accordance with applicable legal provisions.

Article 307. -In the case of advertising of food and non-alcoholic beverages, it must not be directly or indirectly associated with the consumption of alcoholic beverages.

Advertising should not lead to harmful eating habits, nor should a higher or different value be attributed to industrialized foods than they actually have.

Advertising of non-alcoholic foods and beverages should include visual, auditory or visual and auditory, depending on whether they are printed, radio or film and television, respectively, precautionary messages of the product condition or messages promoting a balanced power.

Article 308. Alcoholic beverage advertising must conform to the following requirements:

I. It will be limited to providing information on the characteristics, quality and techniques of making these products;

II. You must not present them as welfare or health producers, or associate them with civic or religious celebrations;

III. You will not be able to associate these products with ideas or images of greater success in the affective and sexuality life of people, or make exaltation of social prestige, virility or femininity;

IV. You may not associate these products with creative, sporting, home or work activities, or use imperatives that directly induce your consumption;

V. You may not include or address the participation of children or adolescents in images or sounds;

VI. In the message, actual or apparently the products in question cannot be ingested or consumed.

VII. People under the age of 25 cannot participate in the message, and

VIII. In the message they must be easily appreciated, in visual or auditory form, according to the advertising medium used, the legends referred to in Articles 218 and 276 of this Law.

The Health Secretariat may dispense with the requirement provided for in section VIII of this Article, when in the message itself and on an equal basis, quality, impact and duration, promote moderation in the consumption of alcoholic beverages, especially in childhood, adolescence and youth, as well as warn against the harm to health caused by the abuse in the consumption of alcoholic beverages.

The regulatory provisions shall indicate the requirements for the granting of the waiver referred to in the preceding paragraph.

Article 308a. Repeals.

Article 309. The schedules in which radio and television stations and film exhibition rooms may transmit or project, as the case may be, Advertising of alcoholic beverages shall be in accordance with the provisions of the applicable general provisions.

Article 309 bis. Repeals.

Article 310.-In the field of medicinal products, herbal remedies, medical equipment, prostheses, orthotheses, functional aids and dental, surgical and surgical materials healing and diagnostic agents, advertising is classified into:

I. Advertising addressed to health professionals, and

II. Advertising aimed at the general population.

The advertising directed to health professionals should be limited to the advertising bases approved by the Health Secretariat in the authorization of these products, and will be intended exclusively for the professionals, technicians and auxiliaries of the disciplines for health.

The advertising referred to in the preceding paragraph shall not require authorization in cases that expressly determine the regulatory provisions of this Law.

Advertising directed to the general population will only be carried out on over-the-counter medicines and herbal remedies, and should be included in visual, auditory or both, depending on the means in question, the text: Consult your doctor, as well as other warning legends to be determined by the Health Secretariat.

Both will be limited to spreading the general characteristics of the products, their therapeutic properties and methods of use, pointing out in all cases the convenience of medical consultation for use.

Article 311.-Only advertising for medicinal products based on the purposes for which they are registered with the Health Secretariat shall be authorized.

Article 312.-The Health Secretariat will determine in which cases the advertising of products and services referred to in this Law must include, in addition to those already expressed in this Chapter, other health risk warning texts.

TENTH TITLE

Donation, Transplants, and Loss of Life

CHAPTER I

Common Provisions

Article 313. Compete to the Health Secretariat:

I. Health control and surveillance of the disposal and transplantation of organs, tissues and cells of human beings, in the terms established by this Law and other applicable legal provisions;

II. The regulation on corpses, in the terms of this Law;

III. Establish and direct health policies in the area of organ, tissue and cell donation, procurement, and transplantation, for which support will be provided at the Center National Transplant, and at the National Blood Transfusion Center;

IV. Issue general provisions that permit the approval of comprehensive medical care criteria in the field, and

V. Develop and carry out, in coordination with the public institutions of the National Health System and with the governments of the federal entities, campaigns permanent awareness raising on the importance of organ, tissue and cell donation for transplant purposes, as well as blood and its components for the effects of transfusions and other therapeutic uses.

Article 314. -For the purposes of this title it is understood by:

I. germ cells, to male and female reproductive cells capable of giving origin to an embryo;

I Bis. Stem Cells, those capable of self-replicating and differentiating into various specialized cell lineages;

II. Body, the human body in which the loss of life has been proven;

III. Components, organs, tissues, cells and substances that form the human body, with the exception of products;

IV. Blood components, the elements of the blood and other substances that make up the blood;

V. Final destination, permanent preservation, inhumation, incineration, disintegration and inactivation of organs, tissues, cells and derivatives, products and bodies of human beings, including those of embryos and fetuses, in sanitary conditions permitted by this Law and other applicable provisions;

VI. Donor or disposing of, to which tacit or expressly consents to the provision in life or after his death, of his body, or of his organs, tissues and cells, in accordance with the provisions of this Law and other applicable legal provisions;

VII. It is repealed.

VIII. Embryo, to the product of conception from this, and until the term of the twelfth gestational week;

IX. Fetus, to the product of conception from the thirteenth week of gestational age, to the expulsion of the maternal breast;

X. Organ, to the morphological entity composed of the grouping of different tissues, which maintains its structure, vascularization and capacity autonomously developing physiological functions;

XI. Product, to any tissue or substance extruded, excreted or expelled by the human body as a result of normal physiological processes. For the purposes of this Title, the placenta and the Annexes to the skin shall be considered as products;

XII. Receiver, to the person receiving for therapeutic use an organ, tissue, cells or products;

XII Bis. Blood, is the hematic fabric with all its components;

XII Bis 1. Plasma, the specific component separated from the blood cells;

XIII. Fabric, specialized cell grouping that performs one or more functions;

XIV. Transplant, to the transfer of an organ, tissue or cells from one part of the body to another, or from one individual to another and to be integrated into the body;

XIV Bis. Transfusion, a therapeutic procedure consistent with the application of blood or blood components to a human being;

XV. tissue bank for transplantation purposes, an approved establishment that is primarily intended to maintain the temporary storage of tissues for preservation and therapeutic supply;

XVI. Secondary Disrapporteur, one of the following persons; the spouse, the concubinaire or the concubine, the descendants, the ascendants, the brothers, the adopted or the adopter; in accordance with the above mentioned priority;

XVII. Disposition, the set of activities related to obtaining, extracting, analyzing, preserving, preparing, supplying, using, and final destination organs, tissues, components of tissues, cells, products and bodies of human beings, for therapeutic, teaching or research purposes;

XVIII. Assignment, the process by which the Transplant Internal Committee selects organ and tissue receptors, obtained from a donor who has lost your life;

XIX. Self-transplantation, transplantation that consists of obtaining an organ or tissue from the patient itself and re-implanting it in it;

XX. Hospital coordinator for organ and tissue donation for transplants, the specialist or general practitioner, duly trained by the Health Secretariat which performs the functions of procuring organs referred to in this Law;

XXI. Institutional Coordination, the representation appointed by each health institution in the country to the Health Secretariat in order to meet in the field of their competence, policies in the field of donation and transplantation of organs, tissues and cells;

XXII. Distribution, to the process through which the health establishment is determined where organs and tissues will be transplanted, obtained from a donor who have lost their lives;

XXIII. Implant, the therapeutic procedure consisting of the replacement of a part of the body by native or processed biological material, or synthetic, which may or may not be integrated into the body and without any function requiring the living persistence of the replacement;

XXIV. Health institution, to the grouping of health facilities under the same command and regulatory structure;

XXV. Preservation, use of chemical agents and/or modification of environmental conditions during removal, packaging, transfer or transplantation of organs, tissues or cells for the purpose of preventing or delaying deterioration;

XXVI. Procuration, process and activities aimed at promoting the timely procurement of donated organs, tissues and cells for transplantation;

XXVII. Traceability, to the ability to locate and identify the organs, tissues, their components and cells, at any time since the donation and, where appropriate, until the therapeutic use, processing or final destination, and

XXVIII. Hemoderivatives, products obtained from certain blood components, especially plasma, by physico-chemical or biological processes, for therapeutic, diagnostic, preventive or investigational application.

Article 314 Bis.- The governments of the federal entities must establish transplant centers, which will contribute to the National Transplant Center. presenting their transplant programs and integrating and updating the information from the National Transplant Registry, in accordance with the provisions of this Law and the other applicable provisions.

Article 314 bis 1.- The National Donation and Transplant Subsystem is constituted by the agencies and entities of the Public Administration, both federal as of the federal entities, the National Transplant Center, the State Transplant Centers and the Federal District and the natural or moral persons of the public, social and private sectors that provide health services or dedicate themselves to activities related to transplants or organ donation, tissues and cells, as well as the programmes and mechanisms for linking, coordinating and collaborating actions to be established between them.

The policy on donation and transplantation must be guided by transparency, equity and efficiency, and personal data must be protected in terms of applicable provisions.

Article 314 Bis 2.- The National Transplant Center will be responsible for the coordination of the National Donation and Transplant Subsystem whose functions are establish in the respective regulations.

Article 315. The health facilities that require health leave are those dedicated to:

I. The extraction, analysis, conservation, preparation and supply of organs, tissues and cells;

II. Organ, tissue and cell transplants;

III. The organ banks, non-hematic tissues and cells;

IV. Blood services;

V. Troncal cell disposition, and

VI. Regenerative medicine establishments.

The Health Secretariat shall grant the license referred to in this Article to establishments that have the personnel, infrastructure, equipment, instruments, and inputs necessary for the performance of the related acts, in accordance with the provisions of this Law and other applicable provisions.

For the case of health facilities referred to in section IV of this Article, the health licence shall be valid for 5 years, which may be extended by equal time limits in accordance with the applicable provisions.

Article 316. The establishments referred to in the previous article will have a health officer, who must give notice to the Secretariat of Health.

The establishments in which organs, tissues and cells are extracted must have an internal coordination committee for organ and tissue donation, which will be used for the be chaired by the Director General or his/her immediate lower physician with a high level of academic and professional knowledge in the field. This committee shall be responsible for making the selection of the health establishment which has an approved transplant programme, to which it shall send the organs, tissues or cells, in accordance with the provisions of this Law and other provisions. applicable legal.

In turn, establishments that perform transplants must have an Internal Transplant Committee that will be chaired by the Director General or his/her an immediate child with a high level of academic and professional medical knowledge, and be responsible for making the selection of available and receiving transplant recipients, in accordance with the provisions of this Law and other applicable legal provisions. Establishments where organs and tissues are removed and transplants are performed should only have an Internal Transplant Committee.

The Internal Transplant Committee should coordinate with the bioethics committee of the institution in the matters of its competence.

Establishments that perform acts of blood, blood components, and haematopoietic progenitor cells should have a Committee of Medicine Transfusion, which shall be subject to the provisions to be issued by the Health Secretariat for that purpose.

Health care establishments that transfer blood and blood components must have a Transfusion Medicine Committee.

Medical care facilities using progenitor or stem cells for tissue regeneration should have the Internal Transplant Committee to be refers to article 316 of this Law.

In case the establishment has the health authority to perform organ and tissue transplantation as referred to in Article 315, fraction I of this Law, A sub-committee shall be set up to present the cases to the Internal Transplant Committee.

The committees and subcommittees referred to in this article shall be integrated and subject to the provisions to be issued by the Secretariat for that purpose.

Article 316 Bis.- The establishments referred to in Sections I and II of Article 315 of this Law shall have a hospital coordinator of donation of organs and tissues for transplants that is permanently available.

The hospital coordinator for the donation of organs and tissues for transplantation of the establishments referred to in Article 315 (I) and (II) shall be required to be a specialist or general practitioner, who has experience in the field and is trained by the Health Secretariat to perform this function, who may be assisted in his/her case by other duly trained health professionals in the material.

It will be up to the coordinators referred to in this article:

I. Detect, evaluate, and select potential donors;

II. Request the consent of the family member referred to in this Law;

III. Establish and maintain coordination with the Internal Transplant Committee during the process of procuring organs and tissues;

IV. Facilitate coordination among health professionals in charge of the removal of the organs and the physicians who will perform the or the transplants;

V. Coordinate logistics within the establishment of donation and transplantation;

VI. Ressave and keep files related to your activity updated;

VII. Participate with voice in the Transplant Internal Committee;

VIII. Encourage the culture of donation and transplantation within the establishment;

IX. Represent the health officer of the establishment in the absence of the establishment, and

X. What this Act and the other applicable provisions attribute to you.

Article 316 Bis 1. To ensure the timely availability of blood or blood components, the establishments referred to in fractions I and II of the Article 315 of this Law that do not have blood banks or processing centers, must have an agreement with some establishment of blood bank, a processing center or a blood distribution center and blood components.

Article 317. The organs may not be removed from the national territory.

The permits for tissues and their components, as well as cells to leave the national territory, will be granted as long as they are satisfied. therapeutic needs of these in the country, except for cases of urgency. For the entry or exit of blood and its components, the provisions of Article 375 (VI) shall be provided for.

In the case of residual plasma the permits will be granted provided that they are processed to obtain blood products and guarantee their return to the national territory for therapeutic purposes.

Article 317 Bis.- The removal from the national territory of human tissues referred to in Article 375 fraction VI of this Law that may be a source of genetic material (deoxyribonucleic acid) and whose purpose is to carry out population genomic studies, shall be subject to:

I. Forming part of a research project approved by a Mexican institution of scientific research and in accordance with the provisions of Article 100 of the Law, to the Regulation of the General Health Law in the field of research and other applicable provisions, and

II. Obtain the permission referred to in Article 375 of this Act.

III. For the purposes of this Law, it is understood by population genomic study to which the analysis of one or more genetic markers in individuals is not intended. The invention relates to a method for determining the genomic structure of a given population, identifying an ethnic group or identifying genes associated with a trait, disease or drug response.

The Secretariat, in coordination with the National Institute of Genomic Medicine as an advisory body to the Federal Government and national reference center in the material, shall bear the record of the permits referred to in section II of this Article.

Article 317 Bis 1.- The genetic material referred to in the foregoing article may not be used for purposes other than or incompatible with those that motivated their procurement.

Article 318.-For the sanitary control of the products and the disposition of the embryo and the germ cells, the provisions of this Law will be in place, in applicable, and in the other general provisions which are issued for that purpose.

Article 319. -unlawful disposal of organs, tissues, cells and bodies of human beings shall be deemed to be made without being authorized by law.

CHAPTER II

Donation

Article 320. -Everyone is available to his or her body and may donate, in whole or in part, for the purposes and with the requirements of this Title.

Article 321. -The donation in the matter of organs, tissues, cells and bodies, consists of the tacit or express consent of the person so that, in life or after his death, his or her body or any of its components are used for transplants.

Article 321 Bis. The Health Secretariat will promote that in any obstetric care establishment, every pregnant woman is systematically asked to consent to voluntarily and altruistically donate the placental blood to obtain from it stem cells or progenitors for therapeutic or research uses, by means of a letter of informed consent, guaranteeing it in all the moment their full will, freedom and confidentiality, in accordance with the other applicable legal provisions.

Article 322.- The express donation may be written and extended when referring to the total or limited disposition of the body when only granted for certain components.

In the express donation it may be noted that this is done in favor of certain persons or institutions. The donor may also express the circumstances of mode, place and time and any other conditions that make the donation conditional.

Secondary avails may grant the consent referred to in the preceding paragraphs, where the donor cannot express his or her will in this respect.

The express donation, where applicable to older people with legal capacity, may not be revoked by third parties, but the donor may revoke his consent in any case. time, without responsibility on your part.

In all cases, care must be taken to ensure that the donation is governed by the principles of altruism, lack of profit and feasibility, conditions to be expressed in the minutes drawn up for such purposes by the respective internal committee. In the case of blood, blood components and stem cells, the provisions of the legal provisions that the Health Secretariat will issue will be available.

Article 323.- It will be required that the express consent be written in writing:

I. For the donation of organs and tissues in life, and

II. For the donation of blood, blood components, and stem cells in life.

Article 324.- There will be tacit consent from the donor when he has not indicated his refusal to have his body or components used for transplants, always and when the consent of any of the following persons is obtained: he or the spouse, the concubinaire, the concubine, the descendants, the ascendants, the brothers, the adopted or the adopter. If more than one of the above mentioned persons is present, the ranking indicated in this article shall apply.

The letter by which the person expresses is not a donor, may be private or public, and must be signed by him, or the express refusal may consist of any of the public documents for this purpose to be determined by the Health Secretariat in coordination with other competent authorities.

Regulatory provisions will determine how to obtain such consent.

Article 325. -tacit consent will only apply to organ and tissue donation once the loss of the life of the available is confirmed.

In the case of tacit donation, organs and tissues may only be removed when required for transplantation purposes.

Article 326. -Consent will have the following restrictions on the persons listed below:

I. The tacit or express granted by minors, unable or by persons who are prevented by any circumstance to express it freely, will not be valid, and

II. The express granted by a pregnant woman shall be admissible only if the recipient is in danger of death, and provided that it does not involve a risk to the health of the woman or the product of conception.

Article 327. Trade in organs, tissues, and cells is prohibited. The donation of these will be governed by principles of altruism, absence of profit and confidentiality, so that their obtaining and use will be strictly free of charge.

Not to be considered acts of trade recovery of the costs derived from obtaining or extraction, analysis, conservation, preparation, distribution, transportation and supply of organs, tissues, and cells, including blood and blood components.

Article 328. Only in case the loss of the donor's life is related to the finding of a crime, or its identity or form is unknown. To locate their relatives, intervention will be given to the Public Ministry and the judicial authority, for the removal of organs and tissues.

Article 329. The National Transplant Center and the state transplant centers, within the scope of their respective competencies, will record the merit and altruism of the donor and his family.

In the same way, the National Transplant Center will be responsible for defining the format of the official document by which the express consent of all those people whose will is to donate their organs, after their death for these to be used in transplants.

Based on the format outlined in the previous paragraph, the National Transplant Center and the state transplant centers, in the field of their respective powers, they shall issue the official document to the persons who request it.

Article 329 Bis. The National Transplant Center will foster the culture of donation for transplant purposes, in coordination with state centers of transplants.

It is up to the Secretariat of Health and the governments of the federative entities, in the field of their respective competences to determine the mechanisms to promote the promotion of the culture of donation at the time of the completion of public procedures or the obtaining of official documents.

CHAPTER III

Transplant

Article 330. -Transplants of organs, tissues and cells in living human beings may be carried out when the results of the investigations carried out have been satisfactory, they represent an acceptable risk to the health and life of the donor and the recipient, provided that there are supporting evidence of therapeutic order.

It is forbidden:

I. The transplantation of gonads or gonadal tissues, and

II. The use, for any purpose, of embryonic or fetal tissues resulting from induced abortions.

Article 331. The procuration and removal of organs or tissues for transplantation will preferably be made from subjects in which the loss of the life.

Article 332. -The selection of the donor and the recipient will always be made by prescription and under medical supervision, in terms of the Health Secretariat.

No organs and tissues may be taken for transplants of living minors except in the case of bone marrow transplants, for which express consent will be required. of the legal representatives of the child.

Dealing with minors who have lost their lives, only their organs and tissues can be taken for transplant with the express consent of the legal representatives of the child.

In the case of unable and other persons subject to interdiction, their components may not be available, either in life or after their death.

Article 333. -In order to perform transplants between live, the following requirements must be met for the donor:

I. Being older and in full use of your mental faculties;

II. Donate an organ or part of it that when extracted its function can be compensated by the donor organism in a suitable and sufficiently safe way;

III. Having acceptable compatibility with the receiver;

IV. Receive complete information about the risks of the operation and the consequences of the removal of the organ or tissue by a physician other than those who will intervene in the transplant;

V. Haber expressly granted consent in terms of Articles 322 and 323 of this Act, and

VI.- Transplants will, preferably, be carried out between people who have kinship to consanguinity, civil or affinity. However, when there is no donor related to any type of kinship, it will be possible to make a donation, as long as the following requirements are met:

a) Get favorable resolution of the Transplant Committee of the institution hospital, where the transplant will be performed, after medical, clinical and psychological evaluation;

b) The person interested in donating must grant his express consent to Notary Public and exercising the right granted to him by this Law, stating that he has received complete information about the procedure by authorized doctors, as well as specifying that the consent is altruistic, free, conscious and without remuneration. The donor's consent for the transplants between the living may be revocable at any time prior to the transplant, and

c) Haber met all legal requirements and procedures set by the Secretary, to check that this practice is not being used.

Also, to perform transplants between the living, when the recipient and/or donor are foreign, it must also comply with the provisions of this article and other provisions applicable, accrediting their legal stay in the country with the specific migratory quality that corresponds, and the establishment in which the transplant is to be performed, must register the patient with the National Transplantation Registry with in advance of at least 15 working days in the case of a transplant among relatives by consanguinity, civil or affinity to the fourth grade.

Where the parentage referred to in the preceding paragraph does not exist, the organ recipient must have a clinical history in the country of at least six months.

The health facilities in which the transplantations referred to in the previous two paragraphs are performed must verify that there are no circumstances assume legal simulation or trade in organs and tissues.

Article 334. -To perform transplants of donors who have lost their lives, the following must be fulfilled:

I. Check, prior to the removal of organs and tissues and by a physician other than those who will intervene in transplantation or in the removal of organs or tissues, loss of the life of the donor, in the terms specified in this title;

II. Exist express consent of the available, written record or record of the unspoken revocation for the donation of its organs and tissues;

II Bis. Provide comprehensive, comprehensive, truthful and timely information to the spouse, concubinaire, concubine, descendants, ancestors, siblings, the adopted or the adopter of the deceased person, in accordance with the above mentioned priority, of the procedures to be carried out, and

III. Ensure that there is no health risk.

Article 335. -professionals in the health disciplines involved in the removal of organs and tissues or in transplants must have the respective specialized training, as determined by the applicable regulatory provisions, and be enrolled in the National Transplant Registry.

Article 335 Bis.- The hospital coordinators of organ and tissue donation for transplantations in turn will notify the Public Ministry, in a manner immediate identification of a deceased donor, in cases where the cause of loss of life is presumed to be linked to the commission of a crime.

All authorities involved, as well as healthcare personnel, must act with due diligence and opportunity to merit the case.

Article 335 Bis 1.- Hospital coordinators for organ and tissue donation for transplantation in the face of the identification of a deceased donor must:

I. Provide comprehensive, comprehensive, truthful and timely information to family members about the process of organ removal, in accordance with what is stated in this Law and other applicable provisions;

II. Collect and deliver the necessary documents and constances to determine this Law, its regulations or the Health Secretariat for that purpose, and

III. The others that set the regulatory provisions.

Article 336. For the allocation of non-living donor organs and tissues, consideration will be given to the severity of the recipient, the opportunity of the transplant, the benefits expected, compatibility with the recipient and other accepted medical criteria, as well as the donor's hospital and institutional location.

When there is no urgency or medical reason to preferably assign an organ or tissue, the organ or tissue will be strictly attached to the hospital, institutional, and institutional databases. State and national to be integrated with the data of patients registered with the National Transplant Center.

Article 337. -The concessionaires of the various means of transport will grant all the facilities required for the transfer of organs and tissues destined for transplants, in accordance with the applicable regulatory provisions and the Mexican official norms that jointly issue the Communications and Transport and Health secretariats.

The transfer, preservation, conservation, management, labeling, identification keys and the costs associated with the management of organs, tissues, and cells that are intended for transplantation  they shall comply with the applicable general provisions.

The transfer of properly labelled and identified organs, tissues and cells may be carried out in any means of transport by duly accredited personnel. under the responsibility of the approved establishment to perform transplants or for the disposal of organs, tissues and cells.

Article 338. The National Transplant Center will be responsible for the National Transplant Registry, which will integrate and keep the next information:

I.     The registration of approved establishments referred to in Sections I, II and III of Article 315 of this Law;

II. Transplant surgeons responsible for extraction and transplantation, and hospital coordinators of the donation;

III. Data from donations of deceased persons;

IV.   The data on transplants with the exception of self-transplants and those relating to stem cells;

V. The data of the recipients considered candidates to receive the transplant of a organ or tissue, integrated into hospital, institutional, state and national databases, and

VI. The cases of brain death in which the donation has been made, as well as the organs and tissues that were transplanted in their case.

In the terms that require the regulatory provisions, the health facilities referred to in Sections I, II and III of Article 315 of this Law, through the health officer in coordination with the Internal Committees referred to in Article 316 of the same order shall provide the information relating to fractions II, III, IV and V of this Article.

The registration of stem cell transplants will be in charge of the National Blood Transfusion Center.

Article 339. The distribution and allocation in the national territory of organs, tissues and cells, with the exception of progenitors or tronns, of donor with loss of life for transplantation, must be subject to the criteria provided for in this Law and those issued by the Health Secretariat, by means of general provisions to be published in the Official Journal of the Federation.

The allocation and distribution in the national territory of organs, tissues and cells, with the exception of the trunk, will be carried out by the internal transplant committees. and by the internal coordination committees for the donation of organs and tissues, in accordance with the provisions of this Law.

Coordination for the allocation and distribution of donor organs and tissues with loss of life for transplantation will be in charge of the National Transplant Center, through the National Transplant Registry, which may be supported in the State Transplant Centers, as provided for in this Law and in the regulatory provisions to be issued.

The National Transplant Center shall establish procedures for the allocation and distribution of deceased donor organs and tissues in the terms intended for the effect on the regulatory provisions. The National Transplant Center will monitor and monitor within the scope of its competence the procedures outlined in the previous paragraph, which must be addressed by the State Transplant Centers that establish the governments of the federal entities and the corresponding internal committees in each health facility.

The National Transplant Center will give notice to the Federal Commission for Health Risk Protection, in case of irregularities in the development of the powers in the field of their competence.

The National Transplant Center will promote, together with the Civil Society Organizations, actions that allow the traceability of donated organs and tissues. for transplantation, which shall be the responsibility of each health establishment in the development of its activities for the disposal and transplantation of organs and tissues, in accordance with the general provisions laid down by the Health Secretariat.

CHAPTER III BIS

Disposition of blood, blood components, blood products, and stem cells from human beings.

Article 340.-The sanitary control of the blood supply will be exercised by the Health Secretariat through the Federal Commission for Health Risk Protection.

Article 341. The disposition of blood, blood components, and stem cells for therapeutic purposes shall be carried out by the following establishments:

A) Blood services that are:

I. Blood Bank;

II. Blood processing center;

III. Collection Center;

IV. Center for blood and blood components distribution;

V. Hospital transfusion service, and

VI. Biological qualification center.

B) Those that make stem cells available that are:

I. Stem cell collection center, and

II. Stem cell bank.

C) Regenerative medicine establishments.

The establishments that carry out the blood transfusion will be responsible for the transfusion safety.

Article 341 Bis. The Health Secretariat and the governments of the federal entities, in their respective areas of competence, will have to promote the donation of blood, blood components, and stem cells, to assist in the treatment or cure of patients who require them; likewise, the Health Secretariat will establish the bases and modalities to which the National Health System will be subjected to

The Health Secretariat shall issue the provisions governing both the infrastructure with which the blood banks are to be counted and the provision of distribution of stem cells, such as obtaining, processing and distributing these cells.

Article 342. -Any organ or tissue that has been removed, detached or sectioned by surgical intervention, accident or illicit event and which, in the case of health, constitutes an undone, must be handled in hygienic conditions and its final destination shall be in accordance with the applicable general provisions, except as may be required for therapeutic, teaching or research purposes, in which case the health establishments may dispose of them or refer them to educational institutions authorised by the Health Secretary, in the terms of this Law and other general provisions applicable.

Article 342 Bis. Musculo-skeletal, cutaneous and vascular tissues, obtained from donors with loss of life and the amniotic membrane, may be allocated to procedures for obtaining health inputs for the purpose of implants.

These tissues may be obtained only in establishments authorized by the Health Secretariat, in the terms of Article 315 of this Law.

The health care establishments in which the donation of the aforementioned tissues is obtained will be subject to the provisions dictated by the Health Secretary.

The provisions issued by the Health Secretariat will include at least the mechanisms for making use, processing or use, under conditions that guarantee quality, safety and efficacy.

Article 342 Bis 1. Residual plasma may be used for fractionation procedures to obtain blood products. Both the health facilities that supply the residual plasma, and the establishments that receive it for the production of blood products, must be authorized in accordance with Articles 198 fraction I and 315 of this Law. They shall also be subject to the provisions of the Health Secretariat.

The provisions issued by the Health Secretariat will include at least the mechanisms for making use, processing or use under conditions that guarantee quality, safety and efficacy.

To provide transparency to the processes and assessment of donors, blood collection and components, analysis, processing, conservation, transportation, health control and therapeutic use, shall be subject to the provisions issued by the Health Secretariat.

The distribution of blood and blood components should be equitable and give priority to the public institutions of the National Health System.

The necessary tests to be carried out by the Health Secretariat must be carried out in accordance with international standards of quality and blood safety. decrease the risk of transmission of diseases by transfusion.

Article 342 Bis 2. The Health Secretariat shall establish the applicable provisions for regulating the disposal and processing of waste tissues and plasma. referred to in Articles 342 Bis and 342 Bis 1 of this Law in order to ensure traceability as to the origin and destination of such traceability. It shall also establish mechanisms to promote the accessibility to blood products of residual plasma and of the health inputs referred to in Article 342 Bis, in conditions of equity and safety for the benefit of public health.

The provisions to be issued by the Health Secretariat to ensure traceability as to the origin and destination of waste tissues and plasma, as well as those related to the pharmacovigilance and health control of these, shall take into account the experience in the field, national and international regulatory agencies and scientific and technological evidence.

Article 342 Bis 3. The National Blood Transfusion Center will be responsible for the National Register of Blood and Trunk Cells, which will integrate and keep up-to-date information on the disposition of blood, blood components and stem cells and include the following:

I. The registration of establishments referred to in Article 341 of this Law, as well as their respective health officers, in coordination with the Commission Federal for Health Risk Protection;

II. The registration of the transfusion medicine committees, as well as the stem cell transplant committees or subcommittees;

III. Information regarding the disposition of blood, blood components, and stem cells to be carried out in the country;

IV. The National Biosurveillance System;

V. The unique record of stem cell units that are in existence, as well as the potential donors of such cells, in order to act as national and international liaison for their location, and

VI. The others that provide for regulatory provisions.

CHAPTER IV

Loss of Life

Article 343. For the purposes of this Title, loss of life occurs when brain death or irreversible cardiac arrest occurs.

Brain death is determined when the following signs are verified:

I.      Complete and permanent absence of awareness;

II.    Permanent absence of spontaneous breathing, and

III.   Absence of brain stem reflexes, manifested by pupillary arreflexia, absence of eye movements in vestibular tests, and absence of response to harmful stimuli.

Such signs should be excluded from acute intoxication by narcotics, sedatives, barbiturates, or neurotropic substances.

Article 344. Clinical signs of brain death must be corroborated by any of the following tests:

I. Electroencephalogram demonstrating total absence of electrical activity, corroborated by a specialist physician;

II. Any other cabinet study that shows in documentary form the permanent absence of blood brain flow.

Article 345. There shall be no impediment to the authorization of the following persons at the request and with the : the spouse, the concubinaire or the concubine, the descendants, the ascendants, the siblings, the adopter or the adopter; order expressed; artificial means shall be dispensed with when the tested brain death is present and the other signs of death referred to in Article 343 are shown.

CHAPTER V

Bodies

Article 346. -Corpses cannot be owned and will always be treated with respect, dignity and consideration.

Article 347.-For the purposes of this Title, the corpses are classified as follows:

I. Of known people, and

II. From unknown persons.

Unclaimed dead bodies within seventy-two hours after the loss of life and those of whom you ignore your identity will be considered as persons. unknown.

Article 348. -The burial or incineration of dead bodies may only be carried out with the authorization of the appropriate Civil Registry officer, who shall require the presentation of the death certificate.

Bodies must be inhumed, incinerated or embalmed within forty-eight hours after death, with the exception of the specific authorisation of the health authority. competent or at the disposal of the Public Ministry or the judicial authority.

The inhumation and incineration of dead bodies may only be carried out in places permitted by the competent health authorities.

Article 349. -The deposit and handling of corpses must be carried out in establishments that meet the sanitary conditions laid down by the Health Secretariat.

The Secretariat itself shall determine the techniques and procedures to be applied for the preservation of carcasses.

Article 350. -The competent health authorities shall exercise the health control of persons engaged in the provision of funeral services. They shall also verify that the premises where the services are provided meet the health conditions required under the terms of the relevant regulations.

Article 350a.-The Health Secretariat will determine the minimum time to remain in the pits. As long as the deadline is not concluded, only the exhumations approved by the health authorities and those ordered by the judicial or the Public Ministry may be carried out before the health requirements are met. corresponding.

Article 350a 1.-The hospitalization and departure of corpses from the national territory may be carried out only, by authorization from the Ministry of Health or by order of the judicial authority or the Public Ministry.

In the case of the transfer of dead bodies between federative entities, notice shall be required of the competent health authority of the place where the certificate of death.

Article 350a 2.-For the practice of necropsies in human bodies, consent is required of the spouse, concubinaire, concubine, ascendant, descendants or the brothers, unless there is a written order of the available, or in the case of the probable commission of a crime, the order of the judicial authority or the Public Ministry.

Article 350 Bis 3.- For the use of bodies or part of them of known persons, for teaching and research purposes, the consent of the available.

Dealing with the bodies of unknown persons, educational institutions may obtain them from the Public Ministry or from establishments providing services of health care or social assistance. For such purposes, educational institutions shall give notice to the competent health authority, in the terms of this Law and other applicable provisions.

Article 350a 4.-Educational institutions that obtain bodies of unknown persons shall be deposited with them for ten days in order to give the opportunity to the spouse, concubinaire, concubine or family to claim them. In this period, the bodies will remain in the institutions and will only receive treatment for their conservation and health management that will indicate the respective provisions.

Once the corresponding deadline is completed without complaint, the educational institutions will be able to use the body.

Article 350a 5.-The bodies of unknown persons, unclaimed persons and those who have been assigned for teaching and research, shall be buried or incinerated.

Article 350 BIS-6.- Only a fetus may be given final destination after the fetal death certificate is issued.

In the event that the corpse of the fetus is not claimed within the term of article 348 of this law, it shall be given final destination. Except those intended for the support of teaching and research by the Health Authority in accordance with this law and the other applicable provisions, who shall proceed directly or through the authorized institutions which request that they must comply with the requirements that they apply to the applicable legal provisions.

Article 350 Bis 7. The establishments in which acts related to human bodies are performed must present the notice corresponding to the the health authority of the competent federal entity in the terms of this Law and other applicable general provisions, and shall have a health officer who must also present notice.

FIFTH TITLE

International Health

CHAPTER I

Common Provisions

Article 351. -International health services shall be governed by the provisions of this Law, its regulations and the official Mexican rules issued by the Health Secretariat, as well as by international treaties and conventions in which the United States Mexicans are a party and have been held in accordance with the provisions of the Political Constitution of the United Mexican States.

Article 352.-The Health Secretariat will operate the international health services, both those of a migratory nature and those related to the sea ports of height, airports, border towns and other places legally authorised for the international transit of persons and cargo.

Article 353. -International health activities will support national systems for epidemiological surveillance and regulation, control and health promotion.

Article 354.-Compete the Health Secretariat to adopt measures for the health surveillance of persons, animals, objects or substances entering the national territory and which, in their opinion, constitute a risk to the health of the population, without prejudice to the intervention of other competent authorities.

Article 355.-The Health Secretariat will formulate the list of air and sea ports, as well as border populations open to international transit, where carry out the health surveillance referred to in the preceding Articles, and shall make it known to the other nations through the corresponding channels. It shall also inform them of any restrictions imposed on the passage, for reasons of health, of persons, animals, articles or substances.

Article 356.-When circumstances require, health isolation and surveillance stations shall be established at locations determined by the Health Secretariat and, in Case of health emergency, the Secretariat itself may enable any building as a station for that object.

Article 357.-The Health Secretariat may restrict the departure of all types of vehicles, persons, animals, objects or substances that pose a risk to the health of the the population of the place of destination, as provided for in the provisions governing international health services.

Article 358-When in localities where Mexican consuls reside appear cases of diseases subject to international regulation, or of any other disease To represent a serious risk to national health, they must immediately communicate it to the Secretaries of Health, Government and Foreign Affairs.

Article 359-The Health Secretariat shall notify the World Health Organization of any measures it has taken, temporarily or permanently, in the field of health " It shall also inform the same organisation and the appropriate opportunity, in any event of interest in the epidemiological surveillance of the diseases referred to in the International Health Regulations, which may originate epidemics or any others that you consider to be of importance to notify.

CHAPTER II

Health in Migration Matter

Article 360.-When the health authority considers it appropriate, any person intending to enter the national territory shall be subject to medical examination.

The medical examinations to be performed by the health authorities shall be given preference and shall be carried out in advance of the other formalities to be carried out by any another authority.

In the case of persons entering the country with the intention of living in the country permanently, in addition to the medical examinations that the health authority practices, they must present a health certificate obtained in their country of origin, duly endorsed by the Mexican consular authorities.

Article 361.-They shall not be admitted to the national territory, until they comply with the health requirements, the persons suffering from any of the following diseases: plague, cholera or yellow fever.

The Health Secretariat will determine that other communicable diseases will be subject to the provisions of the previous paragraph.

Article 362. -persons within the meaning of the preceding Article shall be kept under surveillance and isolation in the places which the health authority determines, or where the person concerned points out, if they are accepted by the authority, as long as it is decided, by the relevant medical examination, whether or not your hospitalization is accepted beyond the confinement site, and be provided, where appropriate, with the appropriate medical care.

CHAPTER III

Maritime, Air and Land Health

Article 363. -The health authority shall grant free water for vessels when, according to the reports they provide prior to their arrival, it shall be deemed that the arrival shall not result in the introduction or spread of a disease or damage to health.

Article 364. -the health authority of ports, airports or border populations may require, upon arrival, medical-health inspection of vessels, aircraft and land vehicles, which shall be subject to the requirements and measures laid down by the applicable regulatory provisions.

Article 365. -The Mexican vessels shall be subjected to periodic disinfection and disinfection at least every six months, with the exception of fumigation of the refrigeration chambers of the fishing vessels. Aircraft, land-based passenger transport vehicles and railways shall be subject to periodic disinfection and disassembly, at least every three months.

These measures will be taken on behalf of the owners of these vessels and aircraft, corresponding to the Secretariat of Health to monitor their correct application and to determine the nature and characteristics of the insecticides, disinfectants and ratiticides to be used and the way they are applied in order to achieve the desired efficacy and to prevent damage to human health.

Article 366.-The Health Secretariat will determine the type of medical service, medications, equipment and equipment required to have the vessels and aircraft Mexican for the attention of passengers.

Article 367. -vessels and aircraft from abroad destined for the national territory, as well as those departing from the national territory abroad, must be provided with the health documentation required by the treaties and conventions international referred to in Article 351 of this Law and other applicable general provisions.

SIXTH TITLE

Authorizations and Certificates

CHAPTER I

Authorizations

Article 368. -Health authorization is the administrative act whereby the competent health authority allows a public or private person to carry out activities related to human health, in cases and with the requirements and modalities to be determined by this Act and other applicable general provisions.

Health authorities will have the character of licenses, permissions, records, or health control cards.

Article 369. -Health authorizations shall be granted by the Secretary of Health or by the governments of the federal entities, within the scope of their respective competences, in the terms of this Law and other applicable provisions.

Article 370. Health authorizations will be granted indefinitely, with exceptions to this Law. In the event of non-compliance with this law, its regulations, Mexican official regulations, the other general provisions issued by the Secretariat of Health, or of the applicable Pharmacopoeia of the United Mexican States, the authorizations will be revoked.

Item 371. -the competent health authorities shall issue the respective authorisations where the applicant has satisfied the requirements laid down in the applicable rules and, where appropriate, covered by the rights established by the tax legislation.

Article 372. -Health authorisations issued by the Secretariat for a given time may be extended in accordance with the applicable general provisions.

The corresponding application must be submitted to the health authorities in advance of the expiration of the authorization.

The extension will only proceed when the requirements set out in this Law and other applicable provisions are still met and the corresponding rights are paid.

Article 373. -Require a health license to the establishments referred to in Articles 198, 319, 329 and 330 of this Law; when they change their location, they shall require a new health license.

Article 374. -Those who are required to have a health licence must display it in a visible place.

Article 375. -Require permission:

I. (Repeals).

II. Those responsible for the operation and operation of radiation sources of medical use, their technical auxiliaries and advisers specialised in radiation safety, without prejudice to the requirements of other competent authorities;

III. The possession, trade, import, distribution, transport and use of sources of radiation and radioactive materials, of medical use, as well as the disposal, dismantling of them and the disposal of their waste;

IV. The books of control of narcotic drugs or psychotropic substances, as well as the acts referred to in Article 241 of this Law;

V. The hospitalization of bodies of human beings in the national territory and their transfer abroad, and embalming;

VI. The hospitalization in or out of the national territory of tissues of human beings, including blood, blood components, and hematopoietic and blood-derived progenitor cells;

VII. Advertising relating to the products and services covered by this Law;

VIII. The importation of the products and raw materials included in the Second Title of this Law, in cases that are established in the same and other applicable provisions and in which the Secretariat of Health determines;

IX. The import and export of narcotic drugs, psychotropic substances and products or preparations containing them, and

X. Changes to facilities of establishments handling toxic or dangerous substances identified as high risk for health, when they involve new safety systems.

The permits referred to in this Article may only be issued by the Secretariat of Health, with the exception of the cases provided for in fractions II and V as regards the embalming.

Article 376.- They want to register health records for drugs, narcotic drugs, psychotropic substances and products containing them; medical equipment, prostheses, orthotheses, functional aids, diagnostic agents, dental use inputs, surgical materials, healing materials and hygienic products, the latter in the terms of section VI of Article 262 of this Law, as well as pesticides, plant nutrients and toxic substances or dangerous.

The registration can only be granted by the Health Secretariat, it will be valid for 5 years, without prejudice to the article 378 of this Law, such registration may be extended by equal time, at the request of the person concerned, in the terms laid down by the regulatory provisions. If the person concerned does not request the extension within the time limit laid down for this purpose, he shall change or modify the product or manufacturer of the raw material without prior authorization from the health authority; the latter shall cancel or revoke the registration. corresponding.

For the purposes referred to in the preceding paragraphs, the Executive Branch through the Secretariat shall, by means of general provisions, establish the requirements, tests and other requirements to be met by the medicinal products, health inputs and other products and substances referred to in those paragraphs.

Article 376 Bis.-The health record referred to in the previous Article shall be subject to the following requirements:

I. In the case of drugs, narcotic drugs and psychotropic drugs, the registry key will be unique, not being able to apply the same to two products that differ either in their generic or distinctive denomination or in their formulation. In addition, the holder of a register may not be registered in two registers which have the same active substance, pharmaceutical form or formulation, except where one of them is intended for the generic market. In cases of merger of establishments, two registers may be maintained in a temporary form, and

II. In the case of products referred to in Article 194 (II), the same registration number may be accepted for production lines of the same manufacturer, in the judgment of the Secretariat.

Article 377. -the competent health authority may require a health check card for persons carrying out activities through which a communicable disease may be spread, in cases and under the conditions laid down by the applicable provisions.

Article 378. -The authorisations referred to in this Law may be reviewed by the competent health authority in the terms of the applicable general provisions.

Article 379. -The rights referred to in this Law shall be governed by the provisions of the tax legislation and the coordination agreements concluded in the matter by the Federal Executive and the governments of the Federative Entities.

CHAPTER II

Revoking Health Authorizations

Article 380. -the competent health authority may revoke the authorisations it has granted, in the following cases:

I. Where, for the following reasons, it is established that the products or the exercise of the activities which have been authorised, constitute a risk or harm to human health;

II. Where the exercise of the activity which has been authorised exceeds the limits laid down in the respective authorization;

III. Because it is a different use of authorization;

IV. For gross non-compliance with the provisions of this Act, its regulations and other applicable general provisions;

V. For repeated renunciation to abide by the orders dictated by the health authority, in the terms of this Law and other applicable general provisions;

VI. Because the product subject to the authorization does not conform or no longer meet the specifications or requirements to be laid down in this Law, the Mexican official rules and other applicable general provisions;

VII. Where the data or documents provided by the data subject, which have been used as a basis for the health authority, are false to grant the authorisation;

VIa. Where the opinions provided by authorized third parties are false;

VIII. When products no longer possess the attributes or characteristics according to which they were authorized or lose their preventive, therapeutic or rehabilitative properties;

IX. When the data subject does not conform to the terms, conditions and requirements in which the authorization has been granted or misuse it;

X. When people, objects, or products cease to meet the conditions or requirements under which the authorizations are granted;

XI. When requested by the data subject, and

XII. In other cases to be determined by the health authority, subject to the provisions of Article 428 of this Law.

Article 381.-When the revocation of an authorization merges into the risks or damages that may cause or cause a product or service, the health authority shall give knowledge of such revocations to public entities and agencies that have consumer orientation privileges.

Article 382.-In the cases referred to in Article 380 of this Law, with the exception of the provision in the XI fraction, the health authority shall cite the person concerned to a hearing. for this to offer evidence and claim whatever is right.

In the summons, which will be personally delivered to the person concerned, you will be made aware of the cause that will motivate the procedure, the place, day and time of the hearing, the right that has to offer evidence and to plead what is in its interest, as well as the warning that if it does not appear without a fair cause, the resolution will be dictated only by taking into account only the constances of the case.

The hearing shall be held within a period of not less than five working days, counted from the day after the notification.

In cases where the health authorities are not able to make the notification in a personal way, it will be practiced by the Health Secretariat, through the Official Journal of the Federation, and in the case of the Federative Entities, through the official gazettes or newspapers.

Article 383.-In the substantiation of the procedure for the revocation of authorizations, the provisions of Articles 442 and 450 of this Law shall be observed.

Article 384. -The hearing shall be held on the day and time indicated, with or without the assistance of the person concerned. In the latter case, account must be taken of the copy of the summons which was given to the person concerned and with the evidence showing that it was actually delivered to him or to the copy, if any, of the Official Journal of the Federation or the official gazettes or periodicals in which the summons was published.

Article 385. -The holding of the hearing may be deferred for only once, at the request of the person concerned for a duly justified cause.

Article 386. -the competent health authority shall issue the appropriate resolution at the end of the hearing or within the following five working days, which shall be notified in a personal manner to the person concerned.

Article 387. -The decision of revocation shall have effect, where appropriate, of final closure, prohibition of sale, prohibition of use or of the exercise of the activities covered by the revoked authorisation.

CHAPTER III

Certificates

Article 388.-For the purposes of this Act, a certificate shall be deemed to have been issued on the terms established by the competent health authorities for the purposes of checking or information of certain facts.

Article 389.-For health purposes the following certificates will be issued:

I. Prenuptial;

I Bis. Birth;

II. Of Death;

III. Fetal death, and

IV. Of export referred to in Articles 287 and 288 of this Law, and

V. The others to be determined in this law and its regulations.

Article 389 Bis.- The birth certificate will be issued for each live born once the fact is checked. For such purposes, the term 'live' shall mean the product of the conception expelled or completely removed from the body of its mother, irrespective of the length of the pregnancy, which after that separation is breathing or any other a life signal such as heart rate, umbilical cord pulsations, or effective movements of the muscles of voluntary contraction, whether or not the umbilical cord has been cut or not and the placenta has not been detached.

The birth certificate shall be issued by medical professionals or persons authorised to do so by the competent health authority.

Article 389 Bis 1.- The birth certificate shall be required by the authorities of the Civil Registry to whom they intend to declare the birth of a person, with the exceptions set out in the applicable general provisions.

Article 390. -The prenuptial medical certificate will be required by the authorities of the Civil Registry to those who intend to marry, with the exceptions that establish the applicable general provisions.

Item 391. -The death and death certificates shall be issued, after the death has been ascertained and their causes have been determined, by medical professionals or persons authorised by the competent health authority.

Article 391 bis.-The Health Secretariat may issue certificates, authorizations or any other document, based on information, facts or evidence technical recommendations to be provided by third parties, in accordance with the following:

I. The procedure for the authorization of third parties shall be aimed at ensuring the technical capacity and probity of these agents;

II. The third-party authorizations will be published in the Official Journal of the Federation and will specifically point out the matters for which they are granted;

III. The opinions of third parties will have the character of auxiliary health control documents, but they will also have general validity in cases and with the requirements laid down in the Federal Law on Metrology and Standardisation;

IV. The authorised third parties shall be jointly and severally liable with the holders of the authorisations or certificates issued on the basis of their opinions and recommendations, of compliance with the health provisions, during the period and with the modalities to establish the regulatory provisions of this law, and

V. The Health Secretariat may recognize research centers and national and international health organizations, which may serve as authorized third parties for the purposes of this article.

Article 392. -The certificates referred to in this Title shall be extended in the models approved by the Secretariat of Health and in accordance with the Mexican official rules which it issues. These models will be published in the Official Journal of the Federation.

The judicial or administrative authorities shall only accept as valid certificates that conform to the provisions of the preceding paragraph.

The Secretariat of Health, the governments of the federal entities and the State Health Services, in the field of their respective competences and in accordance with the Regulations issued for this purpose shall carry out actions necessary for the implementation of the certificates referred to in this Title, including those related to the capture, generation and exchange of information related to the issue of such certificates and in accordance with the provisions of the Title Sixth.

The primary distribution of the birth, death and fetal death certificates referred to in Article 389 of this Law will be in charge of the Secretariat of Health.

TENTH SEVENTH TITLE

Health Surveillance

ONLY CHAPTER

Article 393.-It is up to the Health Secretariat and the governments of the federal entities, in the field of their respective competencies, to monitor compliance with This Law and other provisions are laid down on the basis of this Law.

The participation of the municipal authorities and the authorities of the indigenous communities will be determined by the agreements concluded with the governments of the (a) the respective federal authorities and the local authorities.

Article 394.-Other public agencies and agencies will assist in monitoring compliance with health standards and when they find irregularities that (a) judgment shall constitute violations of the law, shall make it known to the competent health authorities.

Article 395.-The act or omission contrary to the precepts of this Law and the provisions of it, may be the subject of guidance and education of the offenders with independence from the implementation, if appropriate, of the security measures and the corresponding sanctions in those cases.

Article 396. -Health surveillance will be carried out through the following steps:

I. Verification visits by personnel expressly authorized by the competent health authority to carry out the physical verification of compliance with the law and other applicable provisions; and

II. Trying to advertise the activities, products and services referred to in this Law, through the visits referred to in the previous fraction or by verification reports that meet the requirements set out in the Article next.

Article 396 Bis.-When the health authority detects any advertising that does not meet the requirements required by this Law and other applicable general provisions health, prepare a detailed report where the following is expressed:

I. The place, date, and time of the verification;

II. The social media that has been verified;

III. The text of the failed advertisement to be written material or its description, in any other case, and

IV. The health irregularities detected and the violations of this Law and other applicable general health provisions, in which it was incurred.

In the case that the verified social media is the press or other publication, the verification report must invariably be integrated with a copy of the on the name of the advertising, the name of the newspaper or publication and its date.

Item 397. -The health authorities may entrust their verifiers, in addition, with guidance, education and implementation activities, where appropriate, of the security measures referred to in Section VII and Article 404 of this Law.

Article 398. -The verifications may be ordinary and extraordinary. The first ones will be done in business days and hours and the second in any time.

For the purposes of this Act, in the case of industrial, commercial or service establishments, business hours shall be considered to be business as usual.

Article 399. -Verifiers, in order to carry out visits, must be provided with written orders, with a self-working signature issued by the competent health authorities, in which the place or area to be verified must be specified, visit, the extent to which you must have and the legal provisions that support it.

Article 400. -Verifiers in the performance of their duties shall have free access to the buildings, commercial, industrial, service and, in general, all places referred to in this law.

The owners, managers, managers or occupants of establishments or drivers of the transports subject to verification, will be obliged to allow access and to give facilities and reports to the verifiers for the development of their work.

Item 401.-In health verification diligence the following rules must be observed:

I. When initiating the visit to the verifier, the verifier must display the current credential issued by the competent health authority, which is legally accredited to carry out such a function, as well as the express order referred to in Article 399 of the the law, which must be copied to the owner, responsible, responsible or occupier of the establishment. This should be noted in the relevant minutes;

II. At the beginning of the visit, the owner, responsible, officer or occupant of the establishment, or driver of the transport, should be required to propose two witnesses who must remain during the visit. In view of the refusal or absence of the visit, the authority shall designate the authority to carry out the verification. These circumstances, the name, address and signature of the witnesses, shall be recorded in the minutes;

III. In the minutes to be released on the occasion of the verification, the circumstances of the due diligence, the deficiencies or the health anomalies observed, the number and type of samples taken or the safety measures taken shall be recorded. run, and

IV. At the end of the verification, the owner, responsible, responsible or occupant of the establishment or driver of the transport, shall be given the opportunity to express his or her right, by establishing his/her said in the respective minutes and collecting his/her signature on the document itself, from which you will be given a copy. The refusal to sign the minutes or to receive a copy of the same or of the order of business, must be stated in the document and shall not affect its validity, nor that of the due diligence.

Item 401 Bis.-Sample collection will be performed with the following rules:

I. The required formalities and requirements for verification visits shall be observed;

II. The sampling may be carried out at any stage of the process, but must be taken from the same batch, production or container, and the samples must be identified in containers that can be closed and sealed;

III. Three samples of the product will be obtained. One of them shall be left in the possession of the person with whom the diligence is understood for his particular analysis; another sample shall be held by the same person at the disposal of the health authority and shall have the character of the witness; the last be sent by the health authority to the approved laboratory and enabled by it, for official analysis;

IV. The result of the official analysis shall be notified to the person concerned or holder of the health authorization in question, either in personal or by registered mail with an acknowledgement of receipt, fax or any other means by which it can be verified. the reception of the same, within thirty working days following the date of sampling;

V. In case of disagreement with the result that has been notified, the person concerned may contest it within a period of 15 working days from the notification of the official analysis. After this period has not been contested, the result of the official analysis shall be final and the health authority shall proceed in accordance with section VII of this Article, as appropriate;

VI. With the challenge referred to in the above fraction, the person concerned must accompany the original of the particular analysis which has been carried out to the sample which has been left in the possession of the person with whom the diligence of sampling, as well as, where appropriate, the witness sample. Without this requirement, the challenge will not be dealt with and the result of the official analysis will be firm;

VII. The challenge presented in the terms of the above fractions will give rise to the fact that the person concerned, on his behalf and in charge, requests the health authority, the analysis of the witness sample in a laboratory to be pointed out by the person concerned; Medical inputs the analysis must be carried out in an approved laboratory as an auxiliary analytical control laboratory for health regulation. The result of the analysis of the token sample shall be that which in short proves whether or not the product concerned meets the required health requirements and specifications, and

VIII. The result of the analysis of the token sample shall be notified to the person concerned or holder of the health authorization in question, in personal or by registered mail with acknowledgement of receipt, fax or any other means by which he/she is can verify the receipt thereof and, in the event that the product meets the requirements and specifications required, the health authority shall grant the authorisation that has been requested, or order the lifting of the the security measure that would have been executed, as appropriate.

If the result referred to in the preceding fraction shows that the product does not satisfy the health requirements and specifications, the health authority shall issue and carry out the health security measures which have been carried out or to confirm those which have been carried out, to impose the appropriate penalties and to refuse or revoke, where appropriate, the authorisation in question.

If the diligence is carried out in an establishment other than where the product is manufactured or produced or is not the establishment of the registrant, the verified send, under appropriate conservation conditions, within three working days following the sampling, a copy of the verification report showing the sampling carried out, as well as the samples remaining in the possession of the person with who understood the diligence, in order to have the opportunity to make the specific analyses and, where appropriate, challenging the outcome of the official analysis, within 15 working days of the notification of results.

In this case, the holder may be inconformed, requesting the analysis of the token sample.

The depositary of the sample shall be responsible for solidarity with the holder, if it does not retain the above sample.

The sampling procedure does not prevent the Secretariat from dictating and implementing the health safety measures that will be carried out, in which case it will be settled in the verification report have run and the products you understand.

Article 401 Bis-1.-In the case of sampling of perishable products must be kept in optimal conditions to avoid decomposition, its analysis should be initiated within forty-eight hours of the time at which they were collected. The result of the analysis shall be notified in a personal manner to the data subject within 15 working days following the date on which the verification was made. The individual may contest the result of the analysis within three days of the notification, in which case the terms of fractions VI and VII of the previous Article shall be carried out.

Elapsed this time, without the outcome of the official analysis being contested, this will be firm.

Article 401 Bis-2.-In the case of products collected in sampling or verification procedures, only laboratories authorized or authorized by the Secretariat for such effect may be determined by means of the analyses carried out, whether or not such products meet their specifications.

EIGHTH TITLE

Security, Sanctions, and Crime Measures

CHAPTER I

Health Security Measures

Article 402. -security measures are considered to be the provisions of the competent health authority, in accordance with the provisions of this Law and other applicable provisions, in order to protect the health of the population. The security measures shall apply without prejudice to the penalties which, where appropriate, correspond.

Article 403. -They are competent to order or execute security measures, the Health Secretariat and the governments of the federal entities, in the field of their respective competencies.

The participation of the municipalities and the authorities of the indigenous communities will be determined by the agreements they conclude with the respective governments. Federal entities and therefore local ordinances are available.

Article 404. -Health security measures are as follows:

I. The isolation;

II. The quarantine;

III. Personal observation;

IV. The vaccination of people;

V. The vaccination of animals;

VI. The destruction or control of insects or other transmitting and noxious fauna;

VII. The suspension of jobs or services;

VIII. The suspension of advertising messages in health matters;

IX. The issue of advertising messages that warn of harm to health;

X. The securing and destruction of objects, products, or substances;

XI. The unemployment or eviction of houses, buildings, establishments and, in general, any property;

XII. The prohibition of acts of use, and

XIII. Other health services to be determined by the competent health authorities, which may prevent the cause or continue to cause risks or damage to health.

The security measures outlined in this article are immediately executed.

Article 405. -The separation of infected persons, during the period of transmissibility, is understood in places and conditions that avoid the danger of contagion.

Isolation shall be ordered in writing, and by the competent health authority, after medical advice and shall last the time strictly necessary for the danger to disappear.

Article 406. -The limitation to the freedom of transit of healthy persons who have been exposed to a communicable disease, for the time strictly necessary to control the risk of contagion, is considered to be quarantine.

The quarantine shall be ordered in writing, and by the competent health authority, after medical advice, and shall consist of the persons exposed not leaving a particular site or restrict your attendance to certain places.

Article 407. -Personal observation consists of the close health supervision of suspected carriers, without limiting their freedom of transit, in order to facilitate the rapid identification of the infection or communicable disease.

Item 408. -The competent health authorities shall order the vaccination of persons exposed to communicable diseases, in the following cases:

I. When they have not been vaccinated, in compliance with the provisions of Article 144 of this Law;

II. In case of severe epidemic;

III. If there is a danger of invasion of such conditions in the national territory, and

IV. When required in accordance with applicable international provisions.

Item 409. -the competent health authorities may order or carry out the vaccination of animals which may be transmitted to humans or put their health at risk, in coordination, where appropriate, with the departments responsible for the disease; of animal health.

Article 410. -the competent health authorities shall implement the necessary measures for the destruction or control of insects or other transmitting and noxious fauna, where these constitute a serious danger to the health of persons.

In any case, the appropriate intervention shall be given to the agencies responsible for animal health.

Article 411. -the competent health authorities may order the immediate suspension of work or services or the prohibition of acts of use, where the health of persons is endangered, if those are to continue.

Article 412. -The suspension of work or services will be temporary. It may be total or partial and shall apply for the time strictly necessary to correct any irregularities which endanger the health of persons. The necessary actions shall be carried out to ensure that the suspension is suspended. It shall be lifted at the request of the person concerned or by the authority itself which ordered it, when the cause for which it was decreed ceases.

During the suspension the access of the persons entrusted with the correction of the irregularities that motivated it may be permitted.

Article 413. -The suspension of advertising messages in the field of health, shall proceed when these are spread by any means of social communication contravening the provisions of this law and other applicable laws or when the Secretariat of Health determines the content of the messages affects or induces acts that may affect public health.

In such cases, those responsible for advertising will proceed to suspend the message within 24 hours of the notification of the security measure, if this is the case. of radio, film, television, daily publications or advertisements on the public road. In the case of periodicals, the suspension shall take effect from the next copy on which the message appeared.

Article 414. -The insurance of objects, products or substances shall take place where it is presumed that they may be harmful to the health of the persons or lack the essential requirements laid down in this law. The competent health authority may retain them or leave them in storage until such time as it is determined, after obtaining the opinion of the accredited laboratory, which shall be their destination.

If the opinion indicates that the insured property is not harmful but lacks the essential requirements laid down in this Law and other applicable general provisions, the The person concerned shall be granted a period of up to 30 days for compliance with the requirements omitted. If within this period the person concerned does not carry out the procedure indicated or will not manage the recovery by crediting the compliance with the health authority, it will be understood that the matter of the insurance causes abandonment and will be the provision of the health authority for lawful use.

If the opinion proves that the insured property is harmful, the health authority shall, within the time limit laid down in the preceding paragraph and subject to the observance of the hearing, may determine that the person concerned and under the supervision of that person is subject to a treatment which makes it possible for him to make use of it, if possible, in which case and subject to the opinion of the health authority, the person concerned may dispose of the goods which he has undergone for treatment to be used for the purposes the authority itself points to you.

Insured perishable products that are decomposed in the power of the health authority, as well as objects, products or substances that are in obvious state of decomposition, adulteration or contamination that do not fit them for consumption, shall be immediately destroyed by the health authority, which shall lift a circumstantial act of destruction.

Perishable products which are not claimed by the persons concerned within 24 hours of their being insured will be made available to the health authority which provide them for use, preferably, to public or private social assistance institutions.

Article 414 Bis. The insurance action provided for in Article 414 shall be taken as a security measure, in case remedies are placed on the market herbalists, food supplements or cosmetic products which have unduly been advertised or promoted as medicinal products or which have been attributed to them qualities or therapeutic effects, presenting them as a definitive solution in the preventive or rehabilitation treatment of a given disease, not being a medication and without the same health records to be considered as such.

Where the assumption provided for in the preceding paragraph is updated, the security measure shall apply in respect of the products it has stored by the manufacturer, as well as those held by distributors, traders or traders for the purpose of selling them to the public.

Article 415.- The vacancy or eviction of houses, buildings, establishments and, in general, of any property, shall be ordered, upon observance of the guarantee of hearing and expert advice, where, in the opinion of the competent health authorities, it is considered to be essential in order to avoid serious harm to the health or life of persons.

CHAPTER II

Administrative Sanctions

Article 416. -violations of the provisions of this Law, its regulations and other provisions emanating from it, shall be administered administratively by the health authorities, without prejudice to the penalties applicable to them when they constitute crimes.

Article 417. -Administrative sanctions may be:

I. Warning with warning;

II. Fine;

III. Temporary or definitive closure, which may be partial or total, and

IV. Arrested for up to thirty-six hours.

Article 418.-By imposing a sanction, the health authority will establish and motivate the resolution, taking into account:

I. The damage that has occurred or can occur in the health of the people;

II. The severity of the violation;

III. The socio-economic conditions of the offender, and

IV. The offender's repeat quality.

V. The benefit obtained by the offender as a result of the infringement.

Article 419. A fine of up to two thousand times the daily minimum daily wage in the economic zone in question, the violation of the provisions contained in Articles 55, 56, 83, 103, 107, 137, 138, 139, 161, 200a, 202, 263, 268 bis 1, 282 bis 1, 346, 350a 6, 391 and 392 of this Act.

Article 420. A fine of two 1 000 up to six thousand times the general daily minimum wage in force in the economic zone concerned, the violation of the provisions of Articles 75, 121, 142, 147, 153, 198, 200, 204, 241, 259, 260, 265, 267, 304, 307, 341, 348, second and third paragraph, 349, 350a, 350a 2, 350a 3 and 373 of this Law.

Article 421. An equivalent fine of six thousand up to twelve thousand times the daily minimum daily wage in the economic zone in question shall be punished, the violation of the provisions of Articles 67, 101, 125, 127, 149, 193, 210, 212, 213, 218, 220, 230, 232, 233, 237, 238, 240, 242, 243, 247, 248, 251, 252, 255, 256, 258, 266, 306, 308, 309, 315, 317, 330, 331, 332, 334, 335, 336, 338, last paragraph, 342, 348, first paragraph, 350a 1, 365, 367, 375, 376, 400, 411 and 413 of this Act.

Article 421 bis. An equivalent fine of twelve thousand up to sixteen thousand times the daily general minimum wage in force in the economic zone concerned shall be punished, in violation of the provisions of Articles 100, 122, 126, 146, 166 Bis 19, 166 Bis 20, 205, 235, 254, 264, 281, 289, 293, 298, 325, 327 and 333 of this Act.

Article 421 Ter.- An equivalent fine of twelve thousand up to sixteen thousand times the daily minimum daily wage in the economic zone of which the treat and disable seven to ten years, in the performance of employment, profession or public office, to whom it infringes the provisions contained in the Single Chapter of Title Fifth Bis of this Law, or the cancellation of Cendula with Effects of Patent, the respective grant or authorisation as the case may be. The foregoing, without affecting the right of the or those affected, to file a complaint for the crime or crimes in question.

Article 422. Violations not provided for in this Chapter will be sanctioned with equivalent fine up to sixteen a thousand times the daily general minimum wage in force in the economic zone concerned, taking into account the qualification rules set out in Article 418 of this Law.

Article 423.-In case of recidivism the amount of the corresponding fine will be doubled. For the purposes of this Chapter it is understood by recidivism, that the offender commits the same violation to the provisions of this Law or its regulations two or more times within the period of one year, counted from the date on which he was notified of the previous immediate sanction.

Article 424. -The application of the fines shall be without prejudice to the health authority's giving of the security measures which it has taken until the irregularities are remedied.

Article 425. -the temporary or permanent closure, partial or total, according to the seriousness of the offence and the characteristics of the activity or establishment, in the following cases:

I. Where the establishments referred to in Article 373 of this Law do not have the corresponding health licence;

II. When the danger to the health of the persons is originated by the repeated violation of the precepts of this Law and the provisions that of it emanate, constituting rebellion to fulfill the requirements and dispositions of the authority health;

III. When, after the reopening of a local establishment, factory, construction or building, for the purpose of suspending work or activities, or temporary closure, the activities carried out in it continue to constitute a danger to the health.

IV. Where, due to the danger of the activities carried out or by the nature of the establishment, premises, factory, construction or building concerned, the health of the population must be protected;

V. When the establishment is sold or supplied with narcotic drugs without complying with the requirements of this Law and its regulations;

VI. When in an establishment, psychotropic substances are sold or supplied without complying with the requirements of this Law and its regulations, and

VII. When it is established that the activities carried out in an establishment violate the sanitary provisions, constituting a serious health hazard.

VIII. For the third time recidivism.

Article 426.-In the case of definitive closure the authorizations which, if any, have been granted to the establishment, premises, factory or building of in question.

Article 427. -They shall be punished for up to thirty-six hours;

I. To the person who interferes or opposes the exercise of the functions of the health authority, and

II. To the person who in absentia refuses to comply with the requirements and provisions of the health authority, thereby causing a danger to the health of the people.

This sanction will only proceed, if any other of the sanctions referred to in this chapter were previously issued.

Arrest tax, the resolution will be communicated to the appropriate authority to execute it.

CHAPTER III

Procedure To Apply Security and Sanctions Measures

Article 428.-For the purposes of this Act, the exercise of discretionary powers by the competent health authority shall be subject to the following criteria:

I. It shall be founded and motivated in the terms of Articles 14 and 16 of the Political Constitution of the United Mexican States;

II. The social and national needs and, in general, the rights and interests of society will be taken into account;

III. It shall be considered the precedents that have been given in the exercise of the specific faculties to be used, as well as the accumulated experience in this respect;

IV. Other than set the hierarchical superior to the predictability of the resolution of the officials, and

V. The resolution to be adopted shall be made known in writing to the person concerned within the time limit set by the Law. In the event that there is no such case, within a period not longer than four months from the receipt of the request for the particular one.

Article 429. -The definition, observance and instruction of the procedures laid down in this Law shall be subject to the following legal and administrative principles:

I. Legality;

II. Impartiality;

III. Effectiveness;

IV. Economics;

V. Probity;

VI. Participation;

VII. Advertising;

VIII. Coordination;

IX. Efficiency

X. Hierarchy, and

XI. Good faith.

Article 430. -the health authorities based on the results of the visit or of the verification report referred to in Article 396 of this law may lay down the measures to correct any irregularities found in the report; interested and giving him an adequate time to perform.

Article 431. -The competent health authorities shall make use of the necessary legal measures, including the assistance of the public force, in order to achieve the execution of the sanctions and security measures that they carry out.

Article 432. -Arising from health irregularities reported by the minutes or verification report referred to in Article 396 of this law, the competent health authority shall quote the person concerned personally or by registered post with an acknowledgement of receipt, for a period of not less than five or more than 30 days, to show what is appropriate and to provide the evidence which it considers to have been made in relation to the facts established in the minutes or the verification report according to the case. In the case of the verification report, the health authority must accompany the summons invariably.

Article 433.-The calculation of the time limits specified by the competent health authority to comply with its provisions shall be made on the basis of the calendar days, with the exceptions that this Act establishes.

Article 434.-Once the alleged infringer or his legal representative has been heard and the evidence that he offers and is admitted has been removed, it will proceed within five days. (a) to make, in writing, the relevant decision, which shall be notified in a personal manner or by registered post with acknowledgement of receipt to the person concerned or his legal representative.

Article 435.-If the alleged infringer does not appear within the time limit set by Article 432, the final resolution and the final decision shall be issued in absentia. notify you personally or by registered mail with acknowledgement of receipt.

Article 436.-In cases of suspension of work or services, or temporary or permanent closure, partial or total, the personnel commissioned for its execution shall proceed to To establish a detailed record of the diligence, in accordance with the general guidelines established for the verifications.

Article 437.-When the content of a verification report is released by the possible commission of one or more offenses, the health authority will make the complaint in the case of the Public Ministry, without prejudice to the application of the administrative penalty applicable.

CHAPTER IV

Incompliance Facility

Article 438. -Against acts and resolutions of the health authorities which, in order to implement this law, may terminate an application or resolve a file, the persons concerned may bring the action of non-conformity.

Article 439.-The time limit for bringing the action shall be 15 working days, counted from the day following that in which the decision or act was notified. recursion.

Article 440.-The appeal shall be brought before the administrative unit which has issued the decision or act fought, directly or by registered mail with an acknowledgement of receipt. In the latter case, it will be the date of filing the day of your deposit in the post office.

Article 441.-In the letter, the name and address of the person who promotes, the facts which are the object of the appeal, the date on which, in protest of the truth, the a appellant who was aware of the judgment under appeal, the aggrieved persons who, directly or indirectly, in the judgment of the appellant, cause the contested decision or act, the indication of the authority which gave the judgment, ordered or executed the act and the offering of the evidence that the nonconforming person intends to render.

In writing the following documents must be accompanied:

I. Those who prove the personality of the advocate, provided that he is not directly concerned and when that personality has not been recognised by the health authorities concerned, in the instance or file which concluded with the contested decision;

II. The documents that the appellant offers as evidence and which are immediately and directly related to the contested decision or act, and

III. Original of the contested decision, if any.

Article 442.-In the processing of the appeal only the evidence provided in the terms of Article 444 of this Law shall be admissible, without in any case admissible the confessional.

Article 443.-When receiving the resource, the respective unit will verify if it is coming, and if it was brought in time it must admit it or, if necessary, require the to clarify it, giving the effect a five-working day term.

In the case where the unit mentioned above considers, prior to the study of the respective antecedents, that its disposal proceeds, it shall issue a technical opinion in this regard.

Article 444.-In the substantiation of the resource only the evidence that has been offered in the instance or file that concluded with the contested decision or act shall proceed. the supervenlients.

The evidence provided shall be admissible by the competent area which must continue the proceedings of the appeal and for the purposes of the event, where appropriate, a term of 30 years shall be available. business days counted from the date on which they were admitted.

Article 445.-In the event that the resource is admitted, the respective unit, unresolved as regards the admission of the evidence to be offered, shall issue an opinion the technical nature of the case within 30 working days from the self-approval, and shall immediately forward the appeal and the file containing the records of the case to the competent area of the appropriate health authority and to continue processing the resource.

Trying to act or resolutions coming from the Health Secretariat, its holder will resolve the resources that will be brought and the effect will be able to confirm, modify or revoke the act or the resolution that has been fought.

Article 446.-The Holder of the Health Secretariat, in use of the powers conferred on him by the Organic Law of the Federal Public Administration, may delegate the entered in the previous Article, only in cases where the acts or decisions under appeal have not been directly issued by him.

The corresponding delegation agreement must be published in the Official Journal of the Federation. Where such delegation falls to public servants of the Health Secretariat operating in the Federal Entities, it shall be managed to ensure that the relevant agreement is published in the official gazettes or newspapers.

Article 447.-In the case of resolutions or health acts coming from the governments of the federal entities, the appeal shall be resolved by their respective holders, who, in the use of the powers conferred on them by the applicable law, may delegate such attribution by publishing the respective agreement in the official journal of the relevant federal entity.

Article 448.-At the request of individuals deemed to be affected by any resolution or act of the health authorities, they will guide them on the right to they have recourse to the decision or act in question, and to the processing of the appeal.

Article 449. -The action of the appeal shall suspend the execution of the financial penalties if the infringer guarantees the tax interest.

Dealing with other types of acts or resolutions, the interposition of the resource will suspend its execution, as long as the following requirements are met:

I. That is requested by the appellant;

II. That the social interest should not be disallowed, nor should provisions of public order be contravened, and

III. To be difficult to repair the damages caused to the appellant, with the execution of the act or resolution fought.

Article 450.-In the processing of the non-compliance resource, the Federal Code of Civil Procedures will be applied.

CHAPTER V

Prescription

Article 451. -The exercise of the power to impose the administrative penalties provided for in this Law shall be prescribed within five years.

Article 452. -The terms of the prescription shall be continuous and shall be counted from the day on which the administrative misconduct or infraction was committed, if any, or since it ceased, if it is continuous.

Article 453.-When the alleged infringer will contest the acts of the competent health authority, the prescription will be interrupted, until the final resolution that is not allowed to be a further resource.

Article 454. -The persons concerned may make use of the prescription, by way of exception. The authority shall declare it ex officio.

CHAPTER VI

Offences

Article 455.-To which, without authorization from the competent health authorities or in violation of the terms in which it has been granted, amount, possess, isolate, cultive, transport, store or in general carry out acts with pathogens or their vectors, when these are of high danger to the health of the people, according to the Mexican official norms issued by the Secretariat of Health, will be applied from one to eight years of imprisonment and fine equivalent of one hundred to two thousand days of salary the general minimum in force in the economic area concerned.

Article 456.-To which, without authorization from the Secretary of Health or in violation of the terms in which it has been granted, prepare, enter into national territory, transport, distribute, trade, store, possess, dispose or in general, carry out acts with the toxic or dangerous substances referred to in Article 278 of this Law, with imminent risk to the health of the persons, will be imposed from one to eight years of imprisonment and fine equivalent of one hundred to two thousand days of general minimum wage in the economic zone in question.

Article 457. -penalty of one to eight years imprisonment and fine for the equivalent of one hundred to two thousand days of general minimum wage in force in the economic zone in question, to which by any means a body of water, surface or underground, whose waters are intended for human use or consumption, with a risk to the health of humans.

Article 458.-To whom without the corresponding authorization, use sources of radiation that cause or can cause harm to the health of the persons, will be applied to Eight years in prison and an equivalent fine of one hundred to two thousand days of general minimum wage in force in the economic zone in question.

Article 459.-To which by any means seeks to remove or remove from the national territory human blood, without permission of the Secretary of Health, will be imposed prison of one to ten years and fine for the equivalent of one hundred to five hundred days of the general minimum wage in force in the economic zone concerned.

If the person responsible is a professional, technical assistant of the disciplines for health, the previous penalty will be added suspension in the exercise of his profession or office for up to four years years.

Article 460.-When you remove or intend to remove from the national territory derived from human blood without permission from the Health Secretariat, you will be sentenced to one to five years and fine for the equivalent of ten to one hundred and twenty-five days of the general minimum wage in force in the economic zone concerned.

If the person responsible is a professional, technical or auxiliary of the disciplines for health, the previous sentence will be added suspension in the exercise of his profession or office until four years.

Article 460 Bis. To which you enter or intend to enter into the national territory human blood or any of its components, without permission from the Secretariat of Health, you will be charged one to five years and fine for the equivalent of ten to one hundred and twenty-five days of general minimum wage in force in the economic zone in question.

If the introduction of human blood or any of its components referred to in the preceding paragraph produces some contagion in the population, they will be imposed from six to seventeen years of imprisonment and fine for the equivalent of eight thousand to seventeen thousand days of minimum wage in force in the economic zone in question.

Article 461.- To which you move or perform acts that are intended to move outside the national territory, organs, tissues, and components of living or human beings bodies, without the permission of the Secretary of Health, will be imposed prison of four to fifteen years and fine for the equivalent of three hundred to seven hundred days of general minimum wage in force in the economic zone in question.

The same penalty shall apply to the one that transfers or carries out acts that tend to move human tissues from the national territory that may be a source of material. genetic (deoxyribonucleic acid) for population genomic studies in contravention of articles 317 Bis and 317 Bis 1 of this Law.

If the person responsible is a professional, technical or auxiliary of the disciplines for health, the previous sentence will be added suspension in the exercise of his profession or profession for up to seven years.

Article 462. It will be imposed from six to seventeen years in prison and fine for the equivalent of eight thousand to seventeen thousand days of general minimum wage in force in the economic zone in question:

I. When you illicitly obtain, preserve, use, prepare, or supply organs, tissues and its components, bodies or fetuses of human beings;

II. to which you trade or perform legal simulation acts that have as their object Onerous brokering of organs, tissues, including blood, bodies, foetuses, or human remains;

III. When you transplant an organ or tissue, without addressing preferences and order established in the hospital, institutional, state and national databases referred to in Article 336 of this Law;

IV. To those who promote, favor, facilitate, or publicize procurement or procurement illegal organs, tissues and cells or the transplantation thereof;

V. To the recipient of the organ that consents to the realization of the transplant knowing its origin illicit;

VI. When you transplant an organ or tissue when the recipient and/or donor are foreign, without following the procedure set for that purpose, and

VII. Aquella person who with intent causes infection of receivers by agents transmissible by blood transfusion and its components.

In the case of fractions III, IV, V and VI, they will apply to the person responsible, in addition to other penalties, from five to ten years in prison. If professionals, technicians or auxiliaries of the health disciplines are involved, they shall be applied, in addition to a suspension of five to eight years in the professional, technical or auxiliary exercise and up to six years, in the event of reoffending.

Article 462 Bis. The person responsible or employee of an establishment where a death occurs or of premises intended for the disposal of corpses, which permits one of the acts referred to in Part I, II, III, IV and V of the previous Article or do not seek to prevent them by the lawful means at their disposal, shall be imposed from four to nine years imprisonment and fine for the equivalent of ten thousand to fifteen thousand days of the general minimum wage in force in the economic zone concerned.

If professional, technical or auxiliary health disciplines are involved, they will also be suspended for two to four years in the professional, technical or auxiliary exercise and up to five years more in case of recidivism.

The penalty referred to in this Article shall be imposed, the person responsible for the health establishment who does not enroll in the National Transplant Registry to the the foreign recipient and/or donor referred to in the final part of Article 333 of this Law.

Article 463.-To which you enter the national territory, transport or trade with live animals or their dead bodies, suffering or suffering from a disease communicable to the man in the terms of Article 157 of this Law, having knowledge of this fact, will be punished with imprisonment of one to eight years and fine equivalent of one hundred to one thousand days of general minimum wage in force in the economic zone in question.

Article 464.- To whom, adultere, falsify, contaminate, alter or permit adulteration, falsification, contamination or alteration of food, beverages alcoholic or any other substance or product of use or human consumption, with danger to health, shall be applied from one to nine years of imprisonment and fine equivalent of one hundred to one thousand days of general minimum wage in force in the economic zone treat.

To whom adulteration, alter, contaminate or allow the adulteration, alteration or contamination of alcoholic beverages, will be applied:

I. When it comes to adulterated or counterfeit alcoholic beverages, in terms of the Articles 206 and 208 Bis of the General Health Law, from six months to three years in prison and fifty to two hundred and fifty days fine;

II. When it comes to altered alcoholic beverages, according to fraction II of the Article 208 of the General Health Law, from three to seven years in prison and two hundred and fifty to five hundred days fine, and

III. When dealing with contaminated alcoholic beverages, as provided by the Article 207 of the General Health Law, five to nine years in prison and five hundred to a thousand days fine.

The same penalties apply to those who knowingly, by themselves or through another, sell, sell or otherwise distribute adulterated, contaminated or contaminated alcoholic beverages. altered.

Article 464-Bis.-To which, by itself or by person, having knowledge or knowledge of it, authorize or order, by reason of its charge in the food institutions As referred to in Article 199-Bis of this order, the distribution of food in decomposition or bad condition that endangers the health of another, will be imposed the penalty of six months to two years of imprisonment or pecuniary penalty of 500 to 5 thousand days of the general minimum wage in force in the Federal District or the economic zone treat.

When the conduct described in the preceding paragraph is a product of negligence, it shall be imposed up to half of the penalty indicated.

Article 464 Ter.- For medicinal products the following penalties shall apply to the person or persons performing the following conduct Criminal:

I.- Whom adultere, falsify, condamine, alter or allow adulteration, falsification, contamination or alteration of medicinal products, drugs, raw materials or additives, of their final packaging for use or human consumption or manufacture without the records, licences or authorizations indicated in this Law, a penalty of three to fifteen years of imprisonment and fine of fifty thousand to one hundred thousand days the general minimum wage in force in the economic area concerned;

II.- A who falsifies or adulterates or permits adulteration or falsification of material For packaging or packaging of medicines, labelling, its legends, the information it contains or its numbers or identification keys, it will be applied a penalty of one to nine years of imprisonment and fine of twenty thousand to fifty thousand days of minimum wage general in force in the economic area concerned;

III.- Who you sell or offer for sale, trade, distribute or transport medicines, medicines, raw materials or counterfeit, altered, contaminated or adulterated additives, whether in establishments or elsewhere, or selling or offering for sale, trade, distribution or transport of materials for packaging or packaging of medicines, drugs, raw materials or additives, their legends, information containing numbers or identification keys, which are falsified, altered or adulterated, will be imposed a penalty of one to nine years of imprisonment and fine of twenty thousand to fifty thousand days of general minimum wage in force in the economic zone in question, and

IV.   To whom you sell, offer for sale or trade medical samples, you will be given a penalty of one to nine years of imprisonment and an equivalent fine of twenty thousand to fifty thousand days of general minimum wage in force in the economic zone in question.

For the purposes of this Article, medicinal product, drug, raw material, additive and material, as required in fractions I, II, III, IV and V of the Article 221 of this Law; and shall be understood as adulteration, contamination, alteration and falsification, as provided for in Articles 206, 207, 208 and 208 bis of this Law.

Article 465. -To the professional, technical or auxiliary of the disciplines for health and, in general, to any person related to the medical practice that carries out acts of clinical investigation in human beings, without being subject to the provisions of the Title Fifth of this Law, he will be imposed prison of one to eight years, suspension in the professional exercise of one to three years and fine for the equivalent of one hundred to two thousand days of general minimum wage in force in the economic zone in question.

If the conduct is carried out with minors, unable, elderly, private individuals or, in general, with persons who for any circumstance could not resist, the sentence which sets the above paragraph will be increased by up to one more.

Article 466.-To which, without the consent of a woman or even with her consent, if this is minor or incapable, perform in her artificial insemination, she shall be given prison one to three years, if the pregnancy does not occur as a result of the insemination; if pregnancy occurs, two to eight years of imprisonment will be imposed.

The married woman will not be able to grant her consent to be inseminated without her spouse's compliance.

Article 467.-Induce or propitiate that minors or unable to consume, by any means, substances that produce psychotropic effects, seven to fifteen years in prison.

Article 467 Bis. To which you sell or supply minors or otherwise incapable, by any means, of substances within the Cases referred to in Article 245 (IV) and (V) of this Law shall apply from 7 to 15 years in prison.

Article 468. -the professional, technical or auxiliary of the disciplines for health, who without legitimate cause shall be reappointed to perform the functions or services requested by the health authority in the exercise of the extraordinary action in the field of general health, shall be subject to a period of six months to three years imprisonment and a fine for the equivalent of five to fifty days of the general minimum wage in force in the economic zone concerned.

Article 469. -To the professional, technical or auxiliary of medical care who without justified cause refuses to provide assistance to a person, in case of notorious urgency, endangering his life, will be imposed from six months to five years of imprisonment and fine of five to one hundred and twenty-five days of the general minimum wage in force in the economic zone in question and suspension to pursue the profession for up to two years.

If damage is caused by the lack of intervention, the judicial authority may also impose a definitive suspension for the professional exercise.

Article 469 bis. It will impose four to seven years of imprisonment, and a fine of one thousand to five hundred thousand days of general minimum wage in force in the Federal District, to any person who deviates from the object for which the resources were transferred or transferred in numbers or in kind, as the case may be, referred to in Title Tercero Bis of this Law or for the provision of services in respect of general health, if, by reason of their duties or activities, they have received them in administration or for any other cause.

The penalty provided for in this Article is without prejudice to administrative sanctions or other penalties that may be determined in accordance with the provisions of the Federal Law of Administrative Responsibilities of Public Servants, as well as the General Government Accounting Act and other applicable legal provisions.

Article 470. -whenever, in the commission of any of the offences provided for in this chapter, a public servant is involved in providing his services in health facilities of any dependency or public entity and acting in exercise or on the occasion of his/her duties, in addition to the penalties to which the said commission is liable and without prejudice to the provisions of other laws, shall be dismissed from office, employment or commission and shall be disqualified from holding another similar to the penalty of imposed imprisonment, in the judgment of the judicial authority.

In case of recidivism the disablement may be final.

Article 471.-The penalties provided for in this Chapter shall apply regardless of the penalties applicable to the Commission for any other crime.

Article 472.-The moral persons involved in the commission of any of the crimes provided for in this Chapter shall be applied, in the judgment of the authority, to the provisions of the in the case of suspension or dissolution in the Criminal Code.

CHAPTER VII

Crimes Against Health in its Narcomenudeo Mode

Article 473.- For the purposes of this chapter you will understand:

I.      Commerce: the sale, purchase, purchase or disposal of some narcotic;

II.    Pharmacodependency: It is the set of behavioral, cognitive and physiological phenomena, which are developed after repeated consumption of narcotic drugs or psychotropic substances as provided for in Articles 237 and 245, fractions I to III, this Act;

III.   Pharmacodependent: Any person who presents any signs or symptoms of dependence on narcotic drugs or psychotropic substances;

IV.    Consumer: Everyone who consumes or uses narcotic drugs or psychotropic substances and who does not present any signs or symptoms of dependency;

V.     Narcotics: the narcotic drugs, psychotropic substances and other substances or plants that determine this Law, the international conventions and treaties of compulsory observance in Mexico and those that point out the other applicable legal provisions in the material;

VI.    Possession: the material possession of narcotics or when they are within the person's radio of action and availability;

VII. Supply: direct or indirect material transmission, by any means, of the possession of narcotics, and

VIII.            Table: the narcotics ratio and the maximum dose orientation of personal and immediate consumption provided for in Article 479 of this Law.

Article 474.- The public security, procurement, and justice authorities, as well as the enforcement of sanctions by the federal entities, will know and shall resolve the offences or implement the sanctions and security measures referred to in this Chapter, where the narcotic objects are provided for in the table, provided that the quantity in question is lower than that which is multiplied by a thousand the amount of those provided in that table and not there are sufficient elements to presume organised crime.

Federal authorities will know about the crimes in any of the following cases:

I.      In cases of organized crime.

II.    The amount of the narcotic is equal to or greater than that referred to in the first paragraph of this article.

III.   The narcotic is not contemplated in the table.

IV.    Regardless of the amount of the narcotic the Public Ministry of the Federation:

a) Prevent the subject matter, or

b) Ask the Public Ministry of the common jurisdiction for the referral of the investigation.

The Federal Authority shall be aware of the cases provided for in the previous fractions II and III, in accordance with the Federal Criminal Code and other applicable provisions. In the cases of section IV of this Article this chapter and other applicable provisions shall apply.

For the purposes of point (b) of the previous section IV, it is sufficient for the Public Ministry of the Federation to request the competent authority of the Federal entity, remitted the corresponding investigation. The measures to be taken up to that date by the authorities of the federal authorities shall be valid.

In the implementation and execution of the police operations to be carried out to comply with these obligations, the authorities will coordinate in the terms that establishes the General Law of the National Public Security System and other applicable provisions.

The Public Ministry of the Federation will be able to request the public security authorities of the federative entities to send them reports concerning the investigation of the offences referred to in this Chapter.

The Public Ministry of the Federative Entities will have to inform the Public Ministry of the Federation of the beginning of the preliminary investigations in a timely manner. it has the necessary elements to, where appropriate, request the referral of the investigation in terms of section IV (b) of this article.

In the cases referred to in the second paragraph of this article, the Public Ministry of the common jurisdiction will be able to practice the proceedings of prior investigation that correspond and forward to the Public Ministry of the Federation, within three days of completion, the minutes or minutes raised and all that they relate to.

If you have stopped, the referral will be done without delay and the provisions relating to the ministerial retention will be observed.

When the Public Ministry of the Federation is aware of the crimes provided for in this chapter, it may refer to the Public Ministry of the Federal research for the purposes of the first paragraph of this article, provided that the narcotic objects are provided for in the table, the quantity in question is less than that which results from multiplying by a thousand the amount of the This table is not the case for organized crime.

If of the constances of the procedure the incompetence of the authorities of the common jurisdiction is warned, it will transmit the file to the Public Ministry of the Federation or to the federal judge, depending on the procedural stage in which it is located, in order for the procedure to be continued, for which the proceedings of the authority considered to be incompetent until that time will enjoy full validity.

Article 475.- Prison shall be imposed from four to eight years and from two hundred to four hundred days fine, to whom without authorization trade or supply, free of charge, the narcotics provided in the table, in less than the amount that is multiplied by a thousand the amount of those provided for in that table.

When the victim is a minor or who has no ability to understand the relevance of the conduct or to resist the agent; or that that was used For the commission of the same will apply a penalty of seven to fifteen years of imprisonment and two hundred to four hundred days fine.

The penalties that are applicable for this crime will be increased by one half, when:

I.      Be committed by public servants in charge of preventing, reporting, investigating, judging or executing the sanctions by the commission of conduct prohibited in this chapter. In addition, in this case, such public servants will be charged with dismissal and disablement for up to a time equal to that of the imposed prison sentence;

II.    Be committed in educational, care, police or seclusion centers, or within the space of a radius that you gave less than three hundred meters from the limits of the colindance of the same with whom you go, or

III.   The conduct is performed by professionals, technicians, auxiliaries or personnel related to the disciplines of health in any of its branches and they are valued in this situation to make them. In this case, in addition, suspension and disablement of rights or duties for the professional or trade year shall be imposed for up to five years. In the event of a recurrence, the judicial authority may also impose a definitive suspension for the professional exercise.

Article 476.- It will be imposed from three to six years in prison and from eighty to three hundred days fine, to which you have some narcotic of those mentioned in the table, in a quantity lower than that resulting from multiplying by a thousand the quantities provided for in that table, without the corresponding authorization referred to in this Law, provided that such possession is intended to trade or supply them, free.

Article 477.- It will be punishable from ten months to three years in prison and up to eighty days fine to which you have any of the narcotics listed in the table in a quantity lower than that which is multiplied by a thousand those provided for in that table, without the authorization referred to in this Law, where the circumstances of such possession cannot be considered to be intended for marketing or supply them, even free of charge.

This crime will not be criminally charged against those who have drugs that contain any of the narcotics provided in the table, whose sale to the public is subject to special procurement requirements where, by its nature and quantity, such medicinal products are necessary for the treatment of the person who owns them or other persons subject to the custody or assistance of whom the has in its power.

Article 478.- The Public Ministry shall not exercise criminal action for the offence provided for in the previous article, against whom it is a pharmacodependent or a consumer and have any of the narcotics mentioned in the table, in the same or lower amount than the one provided for in the table, for their strict personal consumption and outside the places indicated in section II of Article 475 of this Law. The ministerial authority shall inform the consumer of the location of the institutions or centres for medical treatment or guidance for the prevention of pharmacodependence.

The Public Ministry will report the non-exercise of the criminal action to the health authority of the federal entity where the resolution is adopted for the purpose of which is promoting the corresponding medical or preventive orientation. The information received by the health authority shall not be made public but may be used, without identifying identities, for statistical purposes.

Article 479.- For the purposes of this chapter it is understood that the narcotic is intended for its strict and immediate personal consumption, when the quantity of the in any of its forms, derivatives or preparations does not exceed those provided for in the following list:

Personal and Immediate Consumption Maximum Dose Orientation

Narcotic

Maximum personal and immediate consumption

Opio

2 gr.

Diacetylmorphine or Heroin

50 mg.

Cannabis Sativa, Indica or Mariguana

5 gr.

Cocaine

500 mg.

Lisergide (LSD)

0.015 mg.

MDA,

Methylenedioxyamphetamine

Dust, granulate or crystal

Tablets or capsules

40 mg.

A unit weighing not greater than 200 mg.

MDMA, dl-34-methylenedioxy-n-dimethylphenylethylamine

40 mg.

A unit weighing not greater than 200 mg.

Methamphetamine

40 mg.

A unit weighing not greater than 200 mg.

Article 480.- The criminal proceedings and, where appropriate, the execution of the penalties for offences referred to in this Chapter shall be governed by the provisions of this Chapter. (a) the provisions of Article 1 (1) of Regulation (EU) No No 1 of the European Parliament and of the Council of the European Parliament and of the Council of the European Parliament and of the Council of the European Parliament and of the Council of the European Parliament and of the Council Federal Criminal Procedures.

Article 481.- The Public Ministry or the judicial authority of knowledge, as soon as it identifies a person related to a procedure pharmacodependent, shall report immediately and, where appropriate, provide intervention to the competent health authorities for the purposes of the appropriate treatment.

Rehabilitation services will be provided to the pharmacodependent in any detention center.

For the granting of the conditional conviction or the benefit of the preparatory freedom, when they proceed, the relative misconduct shall not be considered as a precedent of misconduct. to be considered a pharmacodependent, but if it is required in any event that the sentenced person undergo the appropriate medical treatment for rehabilitation, under the supervision of the executing authority.

Article 482.- When the Public Ministry has knowledge that the owner, holder, tenant or user of an establishment of any nature shall use it to carry out any of the conduct sanctioned in this Chapter or to permit its performance by third parties, it shall inform the competent administrative authority so that, in the exercise of its powers, it shall carry out the closure of the establishment, without prejudice to any penalties by the application of the corresponding orders.

The same shall be observed in respect of the offences of trade, supply and possession of narcotics provided for in Articles 194, fraction I, 195 and 195 bis of the Criminal Code Federal.

TRANSIENT

First.-This Law will take effect from the first of July of a thousand nine hundred and eighty-four.

Second.-The United Mexican Health Code of 26 February 1973, published in the Official Journal of the Federation on March 13, 1973, is repealed. derogation from the provisions under this Law to be local health matters, until the corresponding local health laws are issued. Other legal provisions shall be repealed in so far as they are contrary to those of this Law.

Third.-The Health Services Coordination and Cooperation Act in the Republic, published in the Official Journal of the Federation on August 25, 1934, is opened; the Law declaring the campaign against malaria to be public utility and creates the Anti-Malarial Sanitation Commission, published in the Official Journal of the Federation on September 27, 1938, the Law of the Inter-American Cooperation Directorate Public Health, published in the Official Journal of the Federation on March 2, 1945, and the law authorizing the creation of the Farm for Peaceful Allies in San Pedro del Monte, Guanajuato, published in the Official Journal of the Federation on June 11, 1945.

Fourth.-As long as the administrative provisions arising from this Law are issued, those that currently govern, in what is not the contravening, and their references will remain in force. The United Mexican Health Code that is repealed is understood as applicable to this Law.

Fifth.-All acts, procedures and administrative resources related to the matter of this Law, which have been initiated under the validity of the Health Code of the The United States of Mexico shall be repealed, processed and resolved in accordance with the provisions of that Code.

Sixth.-The Federal Executive, through the Secretariat of Health, shall, within a period not exceeding one year, be held for a period of not more than one year from the date on which it enters into force. Law, with the governments of the States, the coordination agreements with respect to those matters that in the terms of this Law and other applicable legal provisions are of common interest.

the Federal District, the Federal Executive will determine the coordination bases and the agreements between the Health Secretariat and the Federal District Department for the effects of the preceding paragraph.

Seventh.-A period of sixty calendar days, counted from the date this Law enters into force, is granted for beverage manufacturers and bottlers. alcohol, tobacco products manufacturers, manufacturers and distributors of diagnostic agents and medicines, and, in general, all those required under this Law, include in labels, counter-labels and packaging, the legends that the same sets.

Mexico, D. F., at December 26, 1983.- Luz Lajous, D. P.- Raul Salinas Lozano, S. P.- Xochitl Elena Llanera de Guillen, D. S.- Alberto E. Villanueva Senders, S.s.-Headings.

In compliance with the provisions of Article 89 of the Political Constitution of the United Mexican States and for their proper publication and observance, I request the Decree at the residence of the Federal Executive Branch, in Mexico City, Federal District, at the thirty days of December of a thousand nine hundred and eighty-three.- Miguel de la Madrid Hurtado.-Heading.-The Secretary of Health and Assistance, Guillermo Soberon Acevedo.-Heading.-The Secretary of Foreign Relations, Bernardo Sepulveda Love.-Heading.-The Secretary of National Defense, Juan Arevalo Gardoqui.-Heading.-The Secretary of the Navy, Miguel Ángel Gómez Ortega.-Heading.-The Secretary of Finance and Credit Public, Jesus Silva Herzog Flores.-Heading.-The Secretary of Programming and Budget, Carlos Salinas de Gortari.-Heading.-The Secretary of Commerce and Industrial Development, Héctor Hernández Cervantes.-Heading.-The Secretary of Communications and Transport, Rodolfo Félix Valdés.- Heading.-The Secretary of Urban and Ecological Development, Marcelo Javelly Girard.-Heading.-The Secretary of Public Education, Jesus Reyes Heroles.-Heading.-The Secretary of Labor and Social Welfare, Arsenio Farell Cubillas.- Heading.-The Head of the Federal District Department, Ramón Aguirre Velázquez.-Heading.-The Secretary of the Interior, Manuel Bartlett Díaz.-Heading.


DECREE by which various provisions of the General Health Law, in the field of mental health, are reformed and added.

Published in the Official Journal of the Federation on June 4, 2015

Article Unique.- The V fraction is reformed and a V Bis fraction is added to Article 73, and the second paragraph of Article 77 of the General Law of Health, to stay as follows:

..........

Transient

First.- This Decree shall enter into force on the day following that of its publication in the Official Journal of the Federation.

Second.- The erogations generated by the reform of Article 73 will be made with the financial and material resources that the dependency, so it will not require budget transfers for compliance.

Mexico, D. F., on April 29, 2015.-Sen. Miguel Barbosa Huerta, President.-Dip. Julio Cesar Moreno Rivera, President.-Sen. Lilia Guadalupe Merodio Reza, Secretary.-Dip. Sergio Augusto Chan Lugo, Secretary.-Rubicas."

In compliance with the provisions of Article 89 of the Political Constitution of the United Mexican States, and for their due publication and observance, I ask for this Decree in the Federal Executive Branch, in Mexico City, Federal District, at the beginning of June of two thousand fifteen.- Enrique Peña Nieto.-Heading.-The Secretary of the Interior, Miguel Angel Osorio Chong.-Heading.


DECREE amending Article 46 of the General Health Law.

Published in the Official Journal of the Federation on June 4, 2015

Article Unique.- Article 46 of the General Health Law is reformed to remain as follows:

..........

Transient

Unique.- This Decree shall enter into force on the day following its publication in the Official Journal of the Federation.

Mexico, D. F., on April 29, 2015.-Sen. Miguel Barbosa Huerta, President.-Dip. Julio Cesar Moreno Rivera, President.-Sen. Lilia Guadalupe Merodio Reza, Secretary.-Dip. francsca Elena Corrales Corrales, Secretary.-rubrics."

In compliance with the provisions of Article 89 of the Political Constitution of the United Mexican States, and for their due publication and observance, I ask for this Decree in the Federal Executive Branch, in Mexico City, Federal District, at the beginning of June of two thousand fifteen.- Enrique Peña Nieto.-Heading.-The Secretary of the Interior, Miguel Angel Osorio Chong.-Heading.