Health Law – International Power law Alliance

DUTIES OF PHARMACISTS IN CAMEROON

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According to Decree N°83-168 of 12 April 1983 concerning the code of ethics for pharmacists in Cameroon, the pharmacist must abstain from any fact or attitude likely to bring the profession into disrepute, even outside the practice of the profession.
The pharmacist is forbidden to exercise, at the same time as his profession, any activity incompatible with the dignity of the profession.
The pharmacist is at the service of the public. He must show the same devotion to all patients.
Whatever his specialty, except in cases of force majeure, the pharmacist must, within the limits of his knowledge, give immediate assistance to a patient in danger while waiting for medical assistance to be provided.
Unless ordered in writing by the competent authority, the pharmacist may not leave his post if the public interest so requires.
The retail pharmacist shall not close his dispensary until he has ascertained that the patients can receive the assistance they may require from another pharmacist who is sufficiently near.
Outside normal business hours, the hospital or retail pharmacist must indicate the place where he can be reached in case of emergency.
Pharmacists must lend their services to public services for the protection and preservation of public health.
Professional secrecy is imposed on the pharmacist, except if otherwise provided by the law. To this end, he must abstain from discussing with third parties questions relating to the illnesses of his clients.
The pharmacist must not encourage, either by his advice or by his actions, practices contrary to good morals.
The personal practice of pharmacy consists of the pharmacist preparing and dispensing medicines himself or herself or carefully supervising the performance of all pharmaceutical acts that he or she does not perform himself or herself.
Every dispensary must be marked with the name(s) of the owner(s) or, in the case of a dispensary operated by a company, with the name(s) of the manager(s) responsible.
In establishments that manufacture or repackage pharmaceutical products, the names of the pharmacist(s) must appear on the label of the drugs.
A pharmacist in charge of a pharmaceutical establishment may be assisted or replaced by another colleague. The faults committed by the latter engage not only the responsibility of their author but also that of the pharmacist holder.
If he is unable to practice personally and unable to be replaced by If he is unable to practice personally and unable to be replaced by the regulations, the pharmacist must not keep his or her pharmaceutical establishment open. A pharmacist who ceases to practice no longer maintained the role of the Order if he or she expressly requests it.
Whether they are holders, managers, assistants, or replacements, pharmacists must not under any circumstances enter into agreements tending to alienate, even partially, their technical independence.
Brand lease agreements must respect the technical independence of the operating pharmacists.
The remuneration of managing, substitute, or assistant pharmacists must be proportionate to their responsibilities, taking into account customary practice.
The corresponding employment contracts must be submitted for approval to the Council of the Order and the authority in charge of public health.
The preparation and delivery of medicines, as well as the performance of all pharmaceutical acts, must be carried out with meticulous care.
Any product in a pharmaceutical establishment must be identified by a label by the regulatory model.
The premises of pharmaceutical establishments must be functional, properly equipped,, and maintained.

CONDITIONS OF EXERCISE OF THE PROFESSIONS OF NURSE, MIDWIFE, OR MEDICAL/HEALTH TECHNICIAN

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According to Law N° 88-022 of 16 December 1988 modifying certain provisions of law N° 84-09 of 5 December 1984 regulating the practice of the profession of nurse, midwife, and medical-sanitary technician, no one may exercise the above-mentioned professions unless he or she is:

– Of Cameroonian nationality;

– holds a diploma of nurse, midwife or medical-health technician, or any other title recognized by the State to practice the profession;

– Registered with the Order of Nurses, Midwives, or Medical-Health Technicians

– approved under the conditions laid down by decree.

The obligation of registration in the roll of the Order provided for in Article 2 above applies neither to persons serving as technical assistants in the administration nor to those belonging to the active cadres of the national armed forces.

Student nurses, midwives, or medical technicians may be allowed to provide health services during their holidays, provided they have successfully completed two years of health training and are supervised by an experienced professional or by medical staff.

Nurses, midwives, and medical-health technicians serving in the administration or those serving as technical assistants may not engage in private practice.
Unless an exemption is granted by the decree, any midwife, any nurse or any medical technician who has directly or indirectly benefited from a scholarship or financial assistance from the State for his professional training, may not engage in private practice unless he has at least ten years of effective service in the administration.

The establishment of a nurse, a midwife, or a medico-health technician in a specific professional residence with a view to private practice shall be subject to obtaining authorization under the conditions laid down in a specific text.

A medical practice, laboratory, or birth clinic may only remain open in the absence of its proprietor if the latter has been regularly replaced.
The normal duration of a replacement may not exceed one year.
In the event of the death of a nurse, a midwife or a medical technician who owns a practice, a laboratory or a health facility, the period during which the surviving spouse or his or her dependants are entitled to maintain the activity by a replacement may not exceed three years; it may be renewed once only.

If, at the end of the above-mentioned period, one of the children of the deceased is engaged in professional studies within the framework of the health training concerned, the health facility of the deceased may be reserved for him.
The modalities of the replacement shall be determined by the authority responsible for public health after consultation with the Council of the Order.
Subject to the derogations provided for in the code of ethics, all nurses, midwives, and medical/health technicians are obliged to comply with the requests of the public authorities.

CONDITIONS FOR THE PERFORMANCE OF CERTAIN PHARMACEUTICAL OPERATIONS BY TRAINEES AND STUDENTS IN PHARMACY

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In accordance with Law N°081 of 22 February 1983, the conditions under which trainees and students in pharmacy may be authorized to prepare medicines in all forms, to handle toxic substances, narcotics and all products intended for the treatment of human diseases are regulated.
The following are considered as trainees or students in pharmacy;
– Trainees and students enrolled in a foreign school or faculty of pharmacy recognized by Cameroon, and having successfully completed at least one academic year there.
Notwithstanding his criminal responsibility, a trainee or student pharmacist shall carry out all the operations referred above under the responsibility and personal control of a pharmacist, the training supervisor. He may not take any initiative without first referring to the latter.
Those trainees who have passed the tests for the award of the
professional diploma, carry out these operations under the direct supervision of the pharmacist of the establishment concerned.
Pharmacy students performing a replacement pharmacist
carry out these operations in accordance with the legislation in force

CONDITIONS OF PRACTICE OF THE MEDICAL PROFESSION IN CAMEROON

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According to Law No. 90-36 of 10 August 1990 on the practice and organization of the profession of physicians in Cameroon, no one may practice the profession of a doctor in Cameroon unless he or she is registered with the Order.

However, a foreign practitioner who meets the following additional conditions may practice medicine in Cameroon
– be a national of a country that has signed a reciprocity agreement with Cameroon
Cameroon;
– He shall not have been struck off the roll of the Order in his country of origin or in any other country where he
he/she has previously practiced;
– be recruited on a contract or by a cooperation agreement for the exclusive account
for the exclusive benefit of the administration, a religious order, or a non-governmental
(non-governmental organization);
– serving on behalf of a licensed private company.

The performance of professional acts of an administrative and judicial nature, and the drafting and issuing of documents relating thereto, shall be carried out by the doctor, either in the normal exercise of his duties or in the execution of a special mission with which he is entrusted. In this respect, he shall be obliged to comply with any requisition which may be issued.

The doctor in service in the administration or the private sector is subject to :

– professional secrecy ;

– the code of ethics of the profession adopted by the National Order of Physicians

then approved by the supervisory authority;

– the statutory provisions of the Order.

CONDITIONS OF PRACTICE OF THE PROFESSION OF DENTAL SURGEON

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According to Law No. 90/34 of 10 August 1990 on the practice of the profession of dental surgeon in Cameroon, no person may practice the profession of dental surgeon unless he is registered with the
the roll of the Order.
However, a dental surgeon of foreign nationality who meets the following conditions may practice the profession of dental surgeon in Cameroon.

– he has not been struck off the roll of the Order in his country of origin or any other country where he
has previously practiced;
– be recruited on contract or under a cooperation agreement for the exclusive account of the
serve on behalf of an approved private company.

The performance of professional acts of an administrative and judicial nature, and the drawing up and issuing of documents relating thereto, shall be carried out by the dental surgeon, either in the normal exercise of his functions or in execution of a special assignment with which he is charged. In this respect, he shall be bound to comply with any requisition, which may be issued to him.

The dental surgeon in service in the Administration or in the private sector is subject to:

– Professional secrecy;

– The code of ethics of the profession adopted by the National Order of Dental Surgeons and approved by the supervisory authority

– The statutory provisions of the Order.

DOCUMENTS FOR REGISTRATION ON THE ROLL OF THE NATIONAL ORDER OF DENTAL SURGEONS IN CAMEROON

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Registration on the roll of the National Order of Dental Surgeons shall be authorized by decision of the Council of the said Order.
The application for registration on the roll of the Order, filed at the headquarters of the Council of the Order, in duplicate and against receipt, shall include:
– a stamped application at the current rate;
– a certified copy of the birth certificate dated less than three (3)
months old;
-a certified copy of the diploma of doctor of dental surgery recognized by the competent authority at the time of submission of the application, as well as a certificate of presentation of the original of said diploma;
– an extract from the criminal record dating back no more than three (3) months;
-a certificate of nationality less than three (3) months old.
In addition to the documents listed above, the dental surgeon of foreign nationality must produce, in support of his application;
– a certificate of non-disqualification from practicing and a certificate of non-registration from the roll of the Order of Dental Surgeons in his country of origin or in any other foreign country where he/she has previously practiced;
-an authenticated copy of the act of recruitment on behalf of a public administration or a non-governmental organization, or of a contract of employment under Cameroonian law if the applicant is a
company or a denominational medical organization.
The certificates referred above shall be issued in accordance with the standards applicable in the foreign country concerned.
The registration fees shall be paid by the applicant.
The application for registration referred to above shall be examined in accordance with the procedure
provided for in article 36 of the above-mentioned law n° 90-034 of 10 August 1990.

REGISTRATION ON THE ROLL OF THE ORDER OF PHARMACIST IN CAMEROON

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(DOCUMENTS TO FURNISH)

Registration on the roll of the Order is authorized by the decision of the Council of the Order.
The application for registration on the roll of the Order, filed at the headquarters of the Council of the Order in duplicate and against receipt, includes :
– A stamped application at the current rate;
– A certified copy of the birth certificate dated less than three (3)
months old;
– A certified copy of the diploma of doctor of pharmacy or the provisional certificate of reception to the grade of a pharmacist, recognized by the competent authority at the time of submission of the application, as well as a certificate of presentation of the original of the said diploma or certificate;
– An extract from the criminal record dated less than three (3) months;
– A certificate of nationality dated less than three (3) months.

In addition to the documents listed above, the pharmacist of foreign nationality must produce, in support of his application :
– A certificate of no prohibition to practice and a certificate of no registration on the roll of the Order of Pharmacists in his country of origin or in any other country where he would have practiced previously;
– An authentic copy of the recruitment activities for a public administration or a non-governmental organization or an employment contract under Cameroonian law in the case of an approved private company or a religious organization.
The certificates referred to in the paragraph above shall be issued by the standards applicable in the foreign country concerned.
The registration fees shall be paid by the applicant.

DOCUMENTS FOR PRIVATE PRACTICE FOR NURSES, MIDWIVES AND MEDICAL/HEALTH TECHNICIAN

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According to law n° 84/009 of 5 December 1984 as supplemented by decree N° 94/530/PM of 25 October 1994, the authorization to private practice is granted by order of the Minister in charge of public health upon the submission of a file containing the following documents;

a) an application stamped at the current rate specifying the surname, first name, nationality, and residence of the applicant, the locality, and the site applied for;
b) a certificate of nationality dated within three (3) months;
c) a certified copy of the birth certificate dated less than three (3)
months old;
d) a certified copy of the required technical diploma dated within three (3) months;
e) a certificate of presentation of the original of the required technical diploma(s) required;
f) an extract from the criminal record not more than three (3) months old;
(g) if applicable, work certificates attesting that the applicant has at least five (5) years of professional experience;
h) a certificate of registration with the Order of Medical and Health Professionals;
(i) a certificate of payment of all the fees due to the Order of Medical and Health Professionals of Cameroon.

No one may be authorized to practice in private practice, as a technical manager, in particular of a care or exploration practice or a delivery clinic, unless he/she can prove, in addition to the conditions provided for by law, at least five (5) years of effective practice as a nurse, midwife or medical-sanitary technician.
The authorization referred to in article 2 above is granted for the creation of a health-training course and for practicing within the framework of an existing training course.
It is personal and valid only for one health training course. It must,
on pain of absolute nullity, conform with the health map.

Any change of professional residency shall be subject to a transfer authorization by the provisions of article 2.

However, the medical and health professional authorized to practice in private practice within the framework of a training course belonging to a religious or philanthropic organization with several health training courses may be assigned from one establishment to another without being obliged to request a new authorization to practice.
The College and the Ministry of Public Health shall be notified of this assignment.

Medical and health professionals of foreign nationality, who are nationals of a country bound to Cameroon by reciprocity agreements, may be authorized to practice under the same conditions as Cameroonian nationals.

Medical and health personnel qualified in the options referred in 2 below may only practice in private practice as part of a team in a clinic, group practice, or pharmacy.

The provision above applies to medical-health technicians working in the following options:

Anesthesiology
Ophthalmology
Orthotic
Medical analyses
Pharmaceutical techniques

All other options whose acts are technically inseparable from those of other health professionals

DOCUMENTS TO FURNISH THE ORDER OF MEDICAL DOCTORS IN CAMEROON

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REGISTRATION WITH THE NATIONAL MEDICAL ASSOCIATION

Registration on the role of the National Order of Physicians is authorized by the decision of the Council of the said Order.
The application for registration on the roll of the Order is filed at the headquarters of the Council of the Order, in duplicate against receipt, and shall include;
– a stamped application at the current rate;
– a certified copy of the birth certificate dated less than three (3)
months old;
– a certified copy of the medical degree recognized by the competent authority at the time of
the competent authority at the time of submission of the application, as well as a certificate of
presentation of the original of the said diploma;
– an extract from the criminal record dating back no more than three (3) months;
– a certificate of nationality less than three (3) months old.
In addition to the documents listed in paragraph (1), the doctor of foreign nationality must produce, in support of his application :
– a certificate of no prohibition to practice and a certificate of no registration in the roll of the Order of Physicians of his country of origin, or another foreign country where he previously practiced;
– a copy of the act of recruitment on behalf of the public administration or of a non-governmental organization, or of an employment contract under Cameroonian law in the case of an approved private company or a religious medical organization.
The certificates referred to above shall be issued by the standards applicable in the foreign countries concerned.

The registration fee shall be paid by the applicant. The application
referred to shall be examined by the procedure laid down in Article 36 of Law No. 90-036 of 10 August 1990 referred to above.

DUTIES OF CONFRATERNITY OF NURSES, MIDWIVES, AND MEDICAL TECHNICIANS

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According to Decree No. 89-354 of March 3, 1989, on the Code of Ethics for Nurses, Midwives and Medical technicians in Cameroon, Medical and health professionals must maintain good relations among themselves. They owe each other moral assistance.
The one who has a professional disagreement with his colleague must first try to reconcile with him, in case of failure, he must notify the Council of the Order for conciliation.
It is good confraternity to take the defense of a colleague who is unjustly attacked.
At the end of a joint consultation between two or more medical professionals, their conclusions must be drawn jointly and in writing, signed by the treating physician, and countersigned by the consultant(s).
When no written conclusions are drawn up, the consultant is deemed to fully agree with the opinion of the treating physician.
When, during a consultation between medical and health professionals, the opinions of the consultant and the treating professional differ on key points, the treating medical professional must seek the opinion of other colleagues.
Except in emergencies, the medical-health professional who has been called for consultation must not return to the patient examined in common, in the absence or without the approval of the attending health professional, during the illness that prompted the consultation. If he has to do so, he must inform his colleague as soon as possible.
The medical-health professional may only be replaced in his clientele temporarily by a colleague registered with the Order or by a student who has completed his third year of training. The Council immediately assesses whether the replacement meets the required conditions of morality, issues the necessary authorization, and informs the Ministry of Public Health.
During the replacement, the student or the medical professional is subject to the disciplinary jurisdiction of the Council of the Order.
Except in cases of force majeure, the duration of a replacement must not exceed 12 months.
In the event of short-term unavailability due to force majeure, the medical health professional established in private practice
may be assisted or replaced for a period not exceeding ten days by a colleague registered on the Order or by a student medical-health professional who has completed his third year of training. The Council of the Order must be informed immediately.
A medical and health professional who has replaced a colleague for more than three months must not, for two years from the end of this replacement, take up a position that would allow him/her to compete directly with the colleague he has replaced unless there is an agreement between them duly notified to the Council of the Order.
When such an agreement cannot be obtained, the case must be submitted to the Council of the Order.
The private medical and health professional may not be replaced by a civil servant or by a fellow member in the service of the State as a technical or a practitioner serving in denominational work unless there is a duly noted shortage of private medical and health professionals.
The medical-health professional shall not be located in a building
in which a colleague of the same specialty is practicing.
Any association or partnership between medical and health professionals must be the subject of a written contract that respects the professional independence of each of them.
The draft contracts must be submitted to the Minister of Public Health for assessment.
The assessment of the Minister referred to in the previous paragraph is made after the opinion of the Council of the Order, which must give its opinion on the draft contracts submitted to it within thirty days of its referral. After this period, its opinion is deemed to be favorable.