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RESOLUTION OF THE MINISTRY OF HEALTH OF THE REPUBLIC OF BELARUS

of July 23, 2013 No. 63

About some measures for implementation of articles 15 and 15-1 of the Law of the Republic of Belarus of May 10, 2007 "About advertizing" and recognition voided some resolutions of the Ministry of Health of the Republic of Belarus

(The last edition from 23-07-2013)

Based on the paragraph of the third Item 1, of the paragraph of the fifth of part one of Item 5, of Item 6, of Item 8 of Article 15 and Item 5 of article 15-1 of the Law of the Republic of Belarus of May 10, 2007 "About advertizing", subitem 9.1 of Item 9 of the Regulations on the Ministry of Health of the Republic of Belarus approved by the resolution of Council of Ministers of the Republic of Belarus of October 28, 2011 No. 1446 "About some questions of the Ministry of Health and measures for implementation of the Presidential decree of the Republic of Belarus of August 11, 2011 No. 360" the Ministry of Health of the Republic of Belarus DECIDES:

1. Determine that:

1.1. other requirements to advertizing, in addition to established by the Law of the Republic of Belarus of May 10, 2007 "About advertizing" (The national register of legal acts of the Republic of Belarus, 2007, No. 119, 2/1321) (further - requirements to advertizing), general for advertizing of the medicines, methods of delivery of health care, works and (or) services constituting medical activities, products of medical appointment and medical equipment are:

1.1.1. statement of the text of advertizing by language, available to perception, without capable to mislead scientific terms, words, phrases;

1.1.2. specifying of information warning that subject of advertizing has medical contraindications to its application and collateral reactions;

1.1.3. absence in advertizing:

the anatomic (naturalistic) images of human body, body or parts of body changed by pathological process of disease;

references of such diseases as treatment of tuberculosis, diseases, sexually transmitted, other socially dangerous infectious diseases, human immunodeficiency virus, oncological diseases, chronic sleeplessness, diabetes and other metabolic disorders;

information encouraging violation of the commonly accepted concepts about healthy lifestyle, balanced diet, road safety, sexual safety;

imperative instructions to the consumer of advertizing about need of application (use) of subject of advertizing;

approvals that application of subject of advertizing is safe, including in connection with natural (natural, natural) its origin, and is not followed by development of collateral reactions;

information making at the consumer of advertizing impression about the high speed of development of medical (therapeutic) effect of subject of advertizing;

images (images) of children concerning subject of the advertizing intended only for application by adults or acquisition of which by minors is forbidden;

information which promotes forming or development in the consumer of advertizing of sensation of fear and concern about possibility of development at it of disease or deterioration in the state of health in case of refusal from application of subject of advertizing;

1.2. requirements to advertizing of medicines are:

lack of approval (promise) that the condition of the healthy person can be worsened in case of refusal from the use of the advertized medicine;

lack of the approvals making impression at the consumer of advertizing that the advertized medicine can be used as food product, cosmetic or other goods of not medical application;

lack of information which is medical secret;

lack of information encouraging illegible and (or) excessive use of medicines;

lack of information on possibility of distribution (obtaining) of free samples of medicines in the advertizing purposes;

lack of the images and statements which are not corresponding to the pharmacological effects of medicine declared in its instruction on medical application;

obligatory specifying of the warning of features of use of the advertized medicine in case of pregnancy in case of availability of the relevant information in the instruction on medical application;

obligatory specifying of the warning of severity of symptoms, syndromes or diseases in case of which treatment the advertized medicine, in case of availability of the relevant information in the instruction on medical application is applied. At the same time advertizing shall not create at the consumer of advertizing of impression about possibility of use of this medicine in case of more serious conditions;

obligatory specifying of duration of acceptance of medicine in case of availability of the relevant information in the instruction on medical application and (or) leaf insert;

obligatory specifying in advertizing of homeopathic medicines of information that this medicine is homeopathic;

1.3. requirements to advertizing of methods of delivery of health care, the works and (or) services constituting medical activities are:

lack of instructions that the advertized methods of delivery of health care by efficiency are equivalent and (or) other similar methods of delivery of health care exceed;

compliance of information on the advertized works and (or) services constituting medical activities, to the data on works and (or) services specified in special permission (license), except as specified, stipulated by the legislation the Republic of Belarus about licensing in case of which receipt of special permission (license) for implementation of medical activities is not required;

obligatory specifying in advertizing of medical services in abortion of the warning of possible harmful consequences for health of the woman;

1.4. requirements to advertizing of dietary supplements to food are:

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