Law No. 1.516 of 23 December 2021 on unconventional practices contributing to well-being

The Law No. 1.516 of 23 December 2021 on unconventional practices contributing to well-being (published in the JDM No. 8572 of 7 January 2022) is the result of the government bill No. 1032, received on 19 April 2021 by the parliament (Conseil National) and voted on 15 December 2021, which followed the parliament Bill No. 247 on unconventional health care practices.

The regulation of care practices that are not scientifically recognised by conventional medicine, is motivated by the observation that this “complementary approach” to medical acts “is more and more widely adopted by patients and health professionals”, and is part of a “policy that is more open to the feelings and needs of the population.” (Report on Bill No. 1032, p. 2)

This is in line with the World Health Organization’s (WHO) “Strategy for Traditional Medicine 2014-2023”, “which encourages Member States to take advantage of the potential contribution of these disciplines to the well-being and health of people, and to promote their safe and effective use, through regulation and integration of these practices into the health system” (Report on Bill No. 1032, p. 2)

Law 1.516 also creates the offence of fraudulent abuse of ignorance or weakness.

Articles 1 to 17 of Law No. 1.516 governing non-conventional practices will come into force within one year of its publication in the Journal de Monaco on 8 January 2023.

The following persons shall have a period of one year from the entry into force of Law No. 1.516 to comply with it:

— any person who, on the day of its entry into force, carries out a non-conventional practice contributing to well-being on the basis of a declaration or authorisation, in accordance with the provisions of Law No 1.144 of 26 July 1991 concerning the exercise of certain economic and legal activities, as amended. Failing this, the declaration or authorisation shall be null and void in order to carry out the said practices.

— Health professionals* who, on the day of its entry into force, exercise a non-conventional practice contributing to well-being. Failing this, they may not continue to exercise this practice.

* Any person who exercises a professional activity in the health care sector subject to a particular legislative or regulatory status or whose title is protected, namely any person exercising the profession of doctor, dental surgeon, midwife, psychologist or osteopath or a profession of pharmacy or medical auxiliary.