translated from Spanish: The legal limits of homeopathy

history as defined by 2017 Bill introduced in the House of representatives seeking to include homeopathy in the obligatory medical programme, “a medical system develop Furt means homeopathy side by Dr. Samuel Hahnemann from 1796 (…) which is based on the law of similarity and that points out that a patient can be cured through a remedy that is capable of producing similar symptoms in healthy people who have experienced it on a voluntary basis in order of get the symptoms that will determine their therapeutic potential”. In our country, in 1860 was the first official attempt through an order to the Government of that time create a homeopathic faculty that was frustrated by a defeat in the voting of the legislative chambers, who tried to project.

Homeopathy must comply with certain conditions governed by laws that frame its field of activity.

The second attempt, in 1870, was a request to the Supreme Court that determined the unconstitutionality of the law of the hygiene Council, who was in charge of regulating the practice of medical and pharmaceutical, aside from homeopathy. Today, the medical and homeopathic remedies, under the orbit of the Argentina homeopathic Medical Association (AMHA), they must comply with certain conditions governed by a group of laws that frames its field of activity. Out of these laws, it will be considered illegal. Criticism of homeopathy in Argentina has the constant rejection of the official medicine, based on the lack of conclusive results that show the efficacy of the practice. So much so, that countries that historically was popularized the practice homeopathic, such as the United Kingdom and Australia, decided to remove it from its health care system. Inclusive, the latter banned the sale of considered “homeopathic medicines” at pharmacies, not only by their lack of real effectiveness but for a potential hazard on the health of those who the consume. do arguments? Homeopathy could never prove through more stringent scientific methods that its effects were more effective than placebo (i.e. the benefit which the patient finds by the suggestion of believing they are consuming a drug that improves your health) . These conclusions are supported by various reports backed by the national service of health of the United Kingdom, the United States College of Medical Toxicology and clinical toxicology, and studies published in the most prestigious scientific journals of the world such as The Lancet and Nature, among others. Law of medicine Matias Busquet, lawyer specializing in right to health and medical issues, the legal framework of homeopathy is not defined. Jurisprudentially, by analogy, comes under the terms of the law on legal practice of Medicine (law national n ° 17.132) despite not being expressed explicitly. This means that all the obligations and sanctions determined by law would apply. However, the discretion of the judge, there were specific cases that homeopathy was considered to be a “provision of services”, external to the medicine, and that applies the rules of the Civil and commercial code.
“In situations where there is a damage followed by homeopathic practice, will be the judge who is responsible to define under which law the victim will be covered.”

In Argentina, the homeopath who legally exercise the activity must previously have a professional medical registration. Consequently, any institution offering career medical homeopathic studies should require medical registration. In addition, the legal practice of medicine requires that all activities related with the care of people who can relate to your health and medico-social assistance, must be previously accepted by the Ministry of health of the Nacion.ley of Drugs drugs law (law n ° 16.643) is what determines the difference between the “homeopathic medicines” and medicines phytotherapy by national entities. Defines medicines phytotherapy as medicaments containing as active ingredient plant drugs or mixtures defined of these or preparations of vegetable drugs, traditionally used for medicinal purposes (…) “.” In addition, clarifies that its efficacy and safety is supported by document tecno-cientificos and ethno-pharmacological investigations and they must be approved by the ANMAT. Any medication with natural ingredients outside this framework will be considered illegal. Pharmacies pharmacies law law (law n ° 17.565) enables to prescribe prepared exclusively approved to whoever has the medical professional and registration in pharmacies by enforcement authorities.
“Homeopathic technology, shall comply with the conditions that set the rules”, law N ° 17.565.

Moreover, the pharmacies Act expressly prohibits les selling drugs that have no scientific evidence tested against a specific disease or are approved by the authorities, which announce therapeutic agents with false hope of cure, or that advertise healing techniques in media not specialized, among other limits. In this note:

Original source in Spanish