On April 9, Maria Sol Chavez Franco, a 22-year-old girl, lost her life after ingesting 2 grams of fluoride prescribed by a dentist. The lethal dose was prepared by Botica Magistral. The National Directorate of Health Surveillance (Dinavisa) is investigating the case of the house of masterful preparations where the recipe in question was developed. By law, these industries are required to comply with what is established in the Good Manufacturing Practices Manual, in addition to ensuring the quality of their products. By inquiring about the House of Special Formulas website, you can find the minimum and maximum amounts of each active ingredient. In the case of fluoride, the minimum dose to be consumed is 0.1 mg and the maximum dose is 75 mg. The prepared recipe, which ended the life of the 22-year-old man, was 2 grams. The house responsible for producing this lethal dose of fluoride promotes its services by ensuring that computerized controls are in place as the budget is prepared to ensure, in theory, that there will be no overdose. In December 2008, the companies Botica Magistral SA and Laboratorio Genérico SA requested and obtained the unconstitutionality of two articles of Decree No. 8794, which prohibited the handling of active ingredients such as antibiotics, hormones and oncology because they represent risks for the operator, the patient and the environment. The resolution of the Supreme Court of Justice benefited the plaintiffs and allowed them to prepare this type of masterful preparation. In addition, only doctors and dentists were authorized to prescribe master prescriptions. The ministers José Altamirano, Victor Nuñez and Antonio Fretes argued that the unconstitutionality corresponded since the limitation or the prohibition of the active ingredients of a generic state of mind by a regulatory decree resulted in an arbitrary administrative act and therefore voidable. In addition, the Supreme Court considered that the magistral pharmacies in practice had the corresponding authorization issued by the Ministry of Public Health and that they therefore met the health and safety requirements necessary for the handling of this type of products. . On this occasion, the figure of the “Amicus Curie” (Friends of the Court) was used to adopt the decision, that is to say the intervention of a third party not linked to a process in order to contribute to analysis of the judicial body.
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