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10 AVRIL 2014. - An Act to amend Royal Decree No. 78 of 10 November 1967 concerning the exercise of health care professions
PHILIPPE, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
. - General provision
. This Act regulates a matter referred to in Article 78 of the Constitution.
CHAPTER 2. - Amendments to Royal Decree No. 78 of 10 November 1967 concerning the exercise of health care professions
Art. 2. In section 37 of Royal Decree No. 78 of 10 November 1967 on the exercise of health care professions, last amended by the Act of 19 December 2008, the following amendments are made:
1° in § 1er
, 2°, h), the phrase "The King sets the procedure for the withdrawal or limitation of the visa." is repealed;
2° § 1er
, 2°, is completed by (i) as follows:
"(i) to suspend the visa of a health care professional referred to in this Order or a veterinary doctor or to subordinate the maintenance of the visa to the limitations it imposes, when it is established by serious and consistent evidence that the continued exercise of its profession by the individual concerned raises serious consequences for patients or public health.
The medical commission shall declare the suspension of the visa or the subordination of its maintenance to the limitations it imposes on the person unanimously of the members present. This measure is valid as long as the reasons justifying it remain.
The medical commission terminates the measure when it finds that the reasons for the measure have disappeared either ex officio or at the request of the care provider.
To this end, the supplier may apply each month as of the date of delivery of the measure.
The decision to withdraw the suspension or limitation of the visa is taken by a simple majority of the votes of the members present.
The person concerned is given the opportunity to be heard by the medical commission prior to any decision to suspend or limit the visa, or to maintain or withdraw the suspension measure.
In the event of fear of serious and imminent consequences for patients or public health, the medical board may make any decision to suspend or limit the visa, without prior hearing the patient. In this case, the suspension of the visa or the subordination of its maintenance to the limitations it imposes on the person concerned shall be pronounced for a period of up to eight days and may not be renewed before the person concerned has been given the opportunity to be heard by the medical commission on the grounds that justify such measures. ";
3° in § 4, paragraph 1er
the words "foreseeed in § 1er
, 2°, b, c, 2," are replaced by the words "foreseeable in § 1er
, 2°, (b), (c), 2, (h) and (i)";
4° in § 4, paragraph 2, the words "of § 1er
, 2°, b, of this article are replaced by the words "of § 1er
, 2°, (b), (h) and (i), of this article".
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 10 April 2014.
By the King:
Minister of Social Affairs and Public Health,
Ms. L. ONKELINX
Seal of the state seal:
The Minister of Justice,
Ms. A. TURTELBOOM
House of Representatives (www.lachambre.be):
Documents: 2013/2014-0 - 53-3333
Full report: 13 March 2014
Documents: 2013-2014 - 5-2737
Annales du Senate : April 3, 2014