PORTUGAL

ASSEMBLY OF THE REPUBLIC

COMMISSION OF WORK AND SOCIAL AFFAIRS

Law on Management of Non-Conventional Therapeutic 45/2003

Homeopathy, Naturopathy, Osteopathy, Quiropaxy, Acupuncture,
Phytoteraphy

Chapter I
Purpose and principles

Article. 1
(Subject)

This law establishes the framework of the activity and the exercise of
professionals who apply the non-conventional medicine, as defined by
the World Health Organization.

Article. 2
(Scope)

This law applies to all professionals involved in the pursuit of

unconventional therapies recognized in this law.

Article 3. º
(Concepts)

1. Are considered non-conventional therapies those from a different

philosophical basis of conventional medicine and implement specific
processes of diagnosis and treatment themselves.
2. For the purposes of this law are recognized as non-conventional
therapies as practised by acupuncture, homeopathy, osteopathy,
naturopathy, phytotherapy and quiropraxie.

Article. 4
(Principles)

1. The individual right of choice of therapeutic method, based on an

informed choice on the safety, quality, effectiveness and possible
risks.
2. The protection of public health, respecting the individual right of
health protection.
3. The defence of users, which requires that the non-conventional
therapies are performed with a high degree of responsibility,
diligence and competence, based on the professional qualification of
those who exercise and their certification.
4. The defence of the welfare of the user, which includes the
complementarity with other health professions.
5. The promotion of scientific research in various areas of non-
conventional therapies, aimed at achieving high standards of quality,
efficiency and effectiveness.
 Chapter II
Qualification and professional status

Article. 5
(Technical autonomy and ethics)

It is recognized technical and autonomy in exercising professional

ethics of the practice of unconventional therapies.)

Article. 6
(Guardianship and professional approval)

The practice of non-conventional therapies and will be accredited

under the Ministry of Health

Article. 7
(Training and certification of qualifications)

The definition of conditions for training and certification of

qualifications for the pursuit of unconventional therapies lies with
the Ministries of Education and Science and Higher Education.)

Article. 8
(Technical Committee)

1. It is established under the Ministries of Health and Education and

Science and Higher Education a technical advisory committee,
hereinafter Commission, with the aim of studying and proposing the
parameters for regulation of non-conventional therapies.
2. The Commission may meet in sections created for each of the
unconventional therapies aimed at defining the specific parameters for
approval, training and certification of their professional and
assessment of equivalence.
3. The Commission shall cease to exist once it implemented the process
of approval, training and certification of professionals from non-
conventional therapies, which should be completed by the end of 2005.

Article. 9
(Operation and composition)

1. It is for the Government to regulate the powers, functioning and

composition of the Commission and its sections, which should include,
inter alia, representatives of the Ministries of Health, Education and
Science and Higher Education and each of unconventional therapies, and
if necessary, experts of recognized merit in health.
2. Each Section should include representatives of the Ministries of
Health, Education and Science and Higher Education, the area of
unconventional therapies to regulate and, if necessary, experts of
recognized merit in these areas.
 Article 10. º
(From the course of operation)

1. The practice of non-conventional therapies can only be exercised,

under this law, holders of the professional qualifications required
legally and properly accredited for the exercise.
2. The professionals who carry out non-conventional therapies are
required to keep records of each individual user.
3. The registration under the preceding paragraph shall be organized
and maintained in order to comply, according to law, the rules
concerning the protection of personal data.
4. The professionals of unconventional therapies must obey the
principle of responsibility within its jurisdiction and, considering
its autonomy in the ability of diagnosis and therapy of their
institution, are obliged to provide information, where circumstances
warrant, about the prognosis and duration of treatment.

Article. 11
(Places of health care delivery)

1. The facilities and other places where care is provided in the area
of non-conventional therapies can only work under the responsibility
of properly certified professionals.
2. In places where the information will be posted record the
identification of professionals who exercise activity and prices.
3. The conditions of operation and licensing of premises where non-
conventional therapies carry on governing in accordance with
established by Decree No. 13/93, January 15, which regulates the
licensing of private health units, with necessary adaptations.

Article. 12
(Compulsory insurance)

The professionals of non-conventional therapies, covered by this law,

are required to have a third-party insurance as part of its business,
pursuant to regulate.)
 Chapter III
Of clients

Article. 13
(Right of choice and informed consent)

1. Citizens have the right to freely choose the therapies they see
fit.
2. The professionals of non-conventional therapies can only acts with
the informed consent of the user.

Article. 14
(Confidentiality)

The process for each user in possession of professionals, who carry

non-conventional therapies, is confidential and can only be found or
sold as expressly authorized by the user or judicial determination.

. Article 15
(Right of complaint)

Users of the practices of non-conventional therapies, to safeguard

their interests, may attend the harm resulting from the exercise of
non-conventional therapies for bodies with powers of supervision.

Article. 16
(Advertising)

Notwithstanding the rules specifically provided for in special

legislation, the advertising of non-conventional therapies is governed
by the provisions of Decree-Law No. 330/90 of 23 October, as it
stands.
 Chapter IV
Surveillance and offences

Article 17. º
(Supervision and sanctions)

The review of the provisions of this law and the definition of their
framework sanctions will be subject to regulation by the Government

Article 18. º
(Offences)

The professionals covered by this law that affects the health of users
or perform breast without their informed consent applies the
provisions of Articles 150. Thereof, 156. º and 157. Penal Code, on an
equal footing with other professionals, health.
 Chapter V
Final Provisions

Article. 19
(Regulatory)

This law will be regulated within 180 days after its entry into force.

Article 20. º
(Entry into force)

This law comes into force on the day following its publication.
Source: Publication of the Assembly of the Republic