Criminal Code > TITLE VIII CRIMES AGAINST 2

CHAPTER II INFRINGEMENTS OF CURATIVE AND PROTECTIVE PROVISIONS

Article 535- Unlawful Exercise of the Medical or Public-Health Professions.

(1) Whoever, having neither the professional qualifications prescribed and controlled by the competent authority nor the authorization to set up in official practice required under the relevant regulations or by exceeding his authorization, makes a practice of treating sick persons in no matter what form, or does so for remuneration, whether it be by consultations, treatment, the sale of remedies or any other medical or curative activity or practice,

Is punishable with simple imprisonment not exceeding one year, or with rigorous imprisonment not exceeding five years and fine.

(2) A person who treats live-stock under the circumstances provided in sub-article (1) above, is punishable with simple imprisonment or fine.

(3) Whoever manufactures, offers for sale, sells, distributes or puts on use drugs or medical instruments:

(a) the safety, efficacy and quality of which is not ascertained and duly authorized by the appropriate organ; or

(b) which are counterfeited or adulterated; or which have misleading labels written on, affixed to or enclosed with, their packaging; or

(d) which are prohibited, spoiled, faked, contaminated or, for any other reason, ascertained to be harmful to the health of the person using them,

is punishable with rigorous imprisonment for not less than five years, and fine from twenty thousand to fifty thousand Birr.

(4) Casual advice, aid or services rendered in cases of urgency or in an emergency, or out of kindness or devotion and free of charge, or the delivery in such conditions of proven and innocuous natural or traditional remedies, are not punishable.

(5) Nothing in this Article shall prevent the practice of a system of therapeutics according to indigenous methods by persons recognized by the local community to which they belong, to be duly trained in such practice, provided that no such person shall be authorized to practice except amongst the local community to which he belongs and in such a manner as is neither dangerous nor injurious to the person, health or life.

Article 536- Unlawful Delivery of Poisonous or Dangerous Substances.

Any doctor, pharmacist, dentist, veterinary surgeon or nurse, or any other person authorized to give medical care with the help of poisonous, narcotic or psychotropic substances or substances entailing grave danger to health, or to keep or sell such substances, who makes use of them or delivers them to the public without special authority and apart from the cases permitted in normal curative practice,

Is punishable with simple imprisonment for not less than three years and fine, or, in serious cases, with rigorous imprisonment not exceeding seven years and fine.

Where the criminal has committed the crime for gain, he shall be punishable with fine not exceeding one hundred thousand Birr.

Article 537- Refusal to Provide Medical Assistance.

(1) Any doctor, pharmacist, dentist, veterinary surgeon, midwife or nurse, or any other person lawfully entitled to render professional attention and care, who, contrary to his duty and without just cause, refuses to provide his services in a case of serious need, whether from indifference, selfishness, cupidity, hatred or contempt or any other similar motive,

Is punishable with fine, or, where the crime is repeated, with simple imprisonment not exceeding six months.

(2) Nothing shall affect the more severe provision (Art. 575(2)) punishing failure to lend aid to a person in grave and imminent peril of his life, person or health.