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Posted the: 2014-05-20 Numac: 2014022196 PUBLIC SERVICE FEDERAL public health, food chain safety and environment April 10, 2014. -Act to amend the royal decree No 78 of 10 November 1967 on the practice of the professions of health PHILIPPE, King of the Belgians, to all, present and to come, hi.
The Chambers have adopted and we endorse the following: Chapter 1. -Available general Article 1. 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 on the exercise of the professions of health care s. (2. in article 37 of the order royal No. 78 of 10 November 1967 on the practice of the professions of health care, modified as last amended by the Act of December 19, 2008, the following changes are made: 1 ° in the § 1, 2 °, h), the sentence "The King establishes the procedure for the withdrawal or limitation of the visa." is repealed;
(2 ° the § 1, 2 °, is complemented by the i) as follows: "i) to suspend the visa of a professional of healthcare covered by this order or a veterinarian or make maintenance of the visa to the limitations that it imposed, when it is established by serious and consistent evidence that the continuation of the exercise of his profession by the person concerned is fear consequences for patients and public health.
The medical commission decide the suspension of the visa or the subordination of its retention in the limitations it imposes on the person responsible for the unanimity of the members present. This measure is valid as long as remain the reasons which justified it.
Medical commission terminates the measure when it finds that the reasons which justified the measure disappeared either ex officio or at the request of the care provider.
To this end, the provider may apply each month from the date of the imposition 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.
It is given to the person concerned the opportunity to be heard by the medical board before any decision of suspension or limitation of the visa, or maintenance or withdrawal of the suspension measure.
In case fear of imminent and serious consequences for patients or public health, the Medical Committee may take any decision for suspension or limitation of the visa, without previously hearing the person concerned.
In this case, the suspension of visa or the subordination of its maintenance to the limitations it imposes on the person is pronounced for a period of eight days and may be renewed until it was given to the person concerned an opportunity to be heard by the Medical Board on the grounds that justify such measures. ";
3 ° in § 4, paragraph 1, the words "provided to the § 1, 2 °, b, c, 2, ' shall be replaced by the words"(prévus àle § 1er, 2°, b) (, c)(, 2, h) and i) ";
4 ° in § 4, paragraph 2, the words "of § 1, 2 °, b, of this article ' shall be replaced by the words"(delede § 1er, 2°, b), h) (and i), of this article ".
Promulgate this Act, order that it be under the seal of the State and published by le Moniteur.
Given to Brussels, April 10, 2014.
PHILIPPE by the King: the Minister of Social Affairs and public health, Ms. L. ONKELINX sealed with the seal of the State: the Minister of Justice, Ms. A. TURTELBOOM _ Note House of representatives (www.lachambre.be): Documents: 2013/2014-0 - 53-3333 full report: March 13, 2014 Senate (www.senate.be): Documents: 2013-2014 - 5-2737 annals of the Senate: April 3, 2014
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