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19 MARCH 2014. - An Act to amend the Act of August 28, 1991 on the Exercise of Veterinary Medicine (1)

PHILIPPE, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
Article 1^er. This Act regulates a matter referred to in Article 78 of the Constitution.
Art. 2. Article 1^er of the Act of 28 August 1991 on the Exercise of Veterinary Medicine, as amended by the Act of 27 December 2004, the following amendments are made:
1° in 6°, the words "or the veterinary body" are inserted each time after the words "veterinary doctor";
2° the article is completed by the 10° written as follows:
"10°: veterinary legal person: person referred to in section 2 of the Act of 19 December 1950 creating the Order of Veterinary Physicians. ".
Art. 3. In section 4 of the Act, last amended by the Act of 19 May 2010, the following amendments are made:
1st paragraph 1^er is replaced by the following paragraphs:
"No one may practise veterinary medicine if he is not a veterinary physician listed in the College's tables governing his profession under the Act of 19 December 1950 creating the Order of Veterinary Physicians or a veterinary body listed in the Order's tables referred to in the Act.
Veterinary legal entities only carry out veterinary medicine by veterinary natural persons authorized to carry out veterinary acts. These veterinarians are societal of the veterinary legal entity or have a contract with that legal entity. ".
2° paragraph 2, becoming paragraph 3, is replaced by the following:
"Veterinary doctors and veterinary legal persons cannot exercise veterinary medicine without being covered by professional civil liability insurance. For veterinary legal persons, all managers, administrators and members of the steering committee are jointly responsible for the payment of insurance premiums. The veterinary legal entity may conclude this insurance on their behalf. Veterinary legal persons who exercise civil liability for the payment of fines and the execution of reparations to which their organs and agents are convicted. ";
3° to paragraph 3 of paragraph 4, the following amendments are made:
(a) the words "or veterinary legal persons" are inserted between the words "veterinary doctors" and "who collaborate";
(b) the words "and registered veterinary legal persons" are inserted between the words "registered veterinary doctors" and "as well as the method of remuneration";
(c) the words "or registered veterinary legal entities" are inserted between the words "registered veterinary doctors" and "collaborate."
Paragraph 4, to be paragraph 5, is replaced by the following:
"By derogation, the statutory and contractual agents of the SPF and the Agency, as well as scientific institutions and public interest bodies dependent on the SPF or the Agency, are not subject to the obligation to be registered in the College's table when performing veterinary acts as agents of these authorities. ".
Art. 4. Article 6, § 1^erthe same Act, as amended by the Act of 27 December 2004, the following amendments are made:
1° the words "or a registered veterinary body" are inserted between the words "approved veterinary doctor" and the words "according to Article 4";
2° the words ", fourth paragraph," are repealed;
3° the words "or the veterinary legal person" are inserted between the words "veterinary doctor" and "guide of guidance".
Art. 5. Section 15 of the Act is replaced by the following:
"Art. 15. Without prejudice to the application of the rates which may be determined by or under the law or by statutes or by conventions to which the veterinarians have acceded, the veterinarians shall freely determine the amount of their fees, subject to the jurisdiction, in the event of a dispute, of the College to which they belong or the courts. ".
Art. 6. Section 16 of the Act is replaced by the following:
"Art. 16. All statutes of veterinary legal persons, contracts between veterinary physicians, between a veterinary physician and a veterinary legal person or between veterinary legal persons, as well as rules of procedure relating to such contracts shall be submitted for approval to the Regional Council of the competent Order. The Superior Council of the Order of Veterinary Physicians sets out the conditions to which contracts, statutes and rules of procedure relating to these contracts must be met, including the conditions for dissolution, death, disciplinary sanctions and administrative sanctions.
The registers of shares and the identity of agents and managers are communicated to the Order's Regional Council. ".
Art. 7. In section 17 of the Act, as amended by the Act of 16 December 2004, the following amendments are made:
1° in § 1^er, the words "or the veterinary legal person" are inserted between the words "veterinary doctor" and the words "use staff" as well as between the words "veterinary doctor" and the words "and, on the other hand, the third person and his staff."
2° to § 2, the following amendments are made:
(a) paragraph 1^er is replaced by the following:
"Any agreement linking a veterinary physician or a veterinary legal entity to a third party in the exercise of veterinary medicine or in relation to its profession is entered into in writing and is subject to the approval of the College's Regional Council within the limits of its jurisdiction. ";
(b) in paragraph 2, the words "or the veterinary body" are inserted between the words "veterinary doctor" and the words "linked to a third party";
3° to § 3, the following amendments are made:
(a) paragraph 1^er is replaced by the following:
"Without prejudice to articles 15 and 16 and § 1^er and 2, is prohibited any agreement between veterinary physicians or between a veterinary physician and third parties between a veterinary legal person and one or more veterinary physicians that may result in a conflict of interest. ";
(b) in paragraph 2 the words "to the veterinary legal person" are inserted between the words "It is forbidden to the veterinary doctor" and the words "to the person responsible".
Art. 8. In section 18 of the Act, the words "or veterinary legal person" are inserted between the words "It is forbidden to any veterinary doctor" and the words "to lend".
Art. 9. In Article 19, § 3, of the same Law, the following amendments are made:
1° the words "or veterinary legal person" are inserted between the words "any veterinary physician" and the words ", domiciled in the sector";
2° the word "home" is replaced by the words "who has its operating seat".
Art. 10. In section 20, 2°, of the same law, the words "or the veterinary legal person" are inserted between the words "veterinary doctor" and the words "who contravenes".
Art. 11. In section 21, 8°, of the same law, inserted by the law of December 16, 2004, the words "the veterinary legal person," are inserted between the words "veterinary doctor" and the words "the person responsible".
Art. 12. In section 22 of the Act, as amended by the Act of 22 February 1998, the following amendments are made:
1° in 5°, the words "or the veterinary legal person" are inserted between the words "veterinary doctor" and the words "that bind to a third party";
2° to 6°, the following modifications are made:
(a) the words "or the veterinary body" are inserted between the words "veterinary doctor" and the words "related to a third party";
(b) the words "16 and article" are inserted between the word "article" and the words "17, § 2, paragraph 2.".
Art. 13. In section 23 of the Act, the words "or the veterinary body" are inserted between the words " veterinary doctor" and the words "who, despite a disciplinary penalty".
Art. 14. In articles 1^er, 5, 7 and 12 of the Act the words "paragraph 4" and the words "fourth paragraph" are repealed each time.
Promulgation of this law, let us order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 19 March 2014.
PHILIPPE
By the King:
The Minister of Public Health,
Ms. L. ONKELINX
Minister of Agriculture,
Mrs. S. LARUELLE
Seal of the state seal:
The Minister of Justice,
Ms. A. TURTELBOOM
____
Note
(1) House of Representatives:
(www.lachambre.be)
Documents: 53-186 - 3267.
Full report: 13 February 2014.
Senate:
(www.senate.be)
Documents: 5-2489.
Anals of the Senate: March 11, 2014.