Posted the: 2014-04-16 Numac: 2014018120 PUBLIC SERVICE FEDERAL public health, food chain safety and environment March 19, 2014. -Act to amend the Act of 19 December 1950 establishing the order of medical veterinarians (1) PHILIPPE, King of the Belgians, to all, present and to come, hi.
The Chambers have adopted and we endorse the following: Article 1. This Act regulates a matter referred to in article 78 of the Constitution.
S. 2. article 2 of the Act of 19 December 1950 establishing the order of veterinarians is replaced by the following: 'article 2 § 1.
The doctors veterinary doctors include: 1 ° any natural person who holds one diploma, certificate or other title to practice veterinary medicine in the territory, hereinafter referred to as veterinary surgeon who wishes to practise veterinary medicine, which got its inclusion in one of the tables referred to in article 5 veterinarians.
2 ° any veterinary legal person who got its inclusion in one of the tables of veterinary legal persons referred to in article 5.
The veterinary Corporation is the legal entity with a legal personality, having a registered office or failing that a place of business in Belgium, recorded with a business number with the Crossroads Bank for enterprises and meet the following conditions: 1 ° all managers, directors, Management Committee members are natural persons authorized to exercise the profession of veterinary surgeon in accordance with article 4 of the Act of 28 August 1991 on the practice of veterinary medicine;
2 ° its object and its activities are limited to the provision of services falling within the exercise of the profession of veterinary and cannot be inconsistent therewith;
3 ° if it is constituted in the form of a limited liability company or a limited partnership by shares, its shares are registered;
4 ° the units or shares so that the voting rights are held directly or indirectly by veterinary doctors practising veterinary medicine within the veterinary Corporation. However, 33% of the shares or shares can be held by having the rights members veterinarians, other veterinary medical or veterinary legal persons;
5 ° the veterinary Corporation may hold participations in other companies or legal persons whose social purpose or activities may be incompatible with the practice of veterinary medicine.
If the legal person no longer meets the conditions required to maintain its listing on the roll of the order, it has six months to come into compliance with these conditions. This period may be extended by the competent regional Council.
§ 2. Veterinarians get prior to the effective exercise of veterinary medicine their inclusion in one of the tables of veterinary doctors referred to in article 5. They ask their registration to the competent regional Board at the rate of their professional domicile. Administrative professional domicile of a natural person is the seat of exploitation of its veterinary professional activity in Belgium which can be confused with its legal domicile. All veterinarians who request their registration at one of the tables in the order at the same time communicate the address of their legal domicile.
Veterinarians who are legally established in another Member State of the European Union to practice veterinary medicine and who wish to exercise it's a temporary and occasional basis in Belgium applicants for registration in the special register referred to in article 5 conditions and in the manner laid down by the King.
§ 3. Veterinary corporations get prior to the effective exercise of veterinary medicine their inclusion in one of the tables of veterinary legal persons referred to in article 5. They request their registration to the relevant regional Council at their headquarters or the absence of their place of business in Belgium.
§ 4. The regional Council of the competent order cannot refuse any entry at one of the tables in the order if the applicant is banned temporarily or permanently to practice veterinary medicine in Belgium or in the country of origin at the time of its application.
The plaintiff who persists in its application may require to be heard in person before the Council of the College. It has the right to be assisted by one or several boards. The Council shall make a reasoned award. The rules of territorial jurisdiction plotted in this Act, those relating to the use of languages, as also those relating to the appeal and the appeal in cassation, are similarly respected. "."
S. 3 in article 5 of the Act, the following amendments are made: 1 ° the first sentence is replaced by the following: "§ 1." The tables of the order consist of:-table of veterinarians.
-table of veterinary legal persons;
-the special register.
§ 2. The regional councils of the order shall draw up their tables and maintain an array of veterinary doctors, an array of veterinary legal persons and the special register. The veterinarian referred to in article 2, § 2, paragraph 2, chooses the regional Council which it depends at the time of its application for registration in the special register. ";
2 ° in paragraph 2, the current text of which will form the § 2, paragraph 2, "Provide" shall be replaced by the words "the regional councils provide";
3 ° the present text of paragraph (3) train the § 2, paragraph 3;
4 ° paragraphs 4 and 5 are repealed.
S. 4. article 6 of the Act is replaced by the following: 'article 6. without prejudice to the anti-discrimination laws, interference order in matters of professional associations is prohibited. "."
5 A section 7 of the Act, the following amendments are made: 1 ° 1st paragraph is replaced by the following: "regional councils are composed of full members and alternate members schedule of natural persons and elected by veterinarians listed in the same table.";
2 ° in paragraph 5, the words ", except for the suspension and the definitive prohibition to practise veterinary medicine" are repealed;
3 ° in paragraph 6, the words ", forfeiture" shall be inserted between the words "resignation" and "or death";
4 ° in the Dutch text of paragraph 6, the words "werkelijk lid" are replaced by the words "effectief lid".
6. article 8 of the Act is replaced by the following: 'article 8. the Board regional, full and alternate members, are elected for six years among veterinarians, registered five years at least to one of the tables in the order.
The regional councils are renewed by half every three years according to the terms and conditions which are laid down by the King.
The full members of the regional councils are not immediately eligible for re-election within. "."
S. 7. article 9 of the Act is replaced by the following: 'article 9. any member of a Council of the order, duly summoned, abstained, without legitimate, to attend three consecutive sessions, is punishable of the warning or reprimand.
Serious offences in the laws and regulations governing the order of veterinary doctors, to the rules of procedure, the actions or words that might taint the repute or the consideration which must enjoy the order, are acts which can lead to the revocation of the mandate of a member or an alternate member. This decision falls within the competence of the Joint Appeals Board. He is seized by a decision of the Board of Governors. "."
8. article 10 of the Act is replaced by the following: 'article 10. the regional Council elected in his bosom a president, a vice-president and a Secretary who constitute the bureau.
Each regional Council, the office of the regional Council and the college of investigation as provided for in article 13, are assisted by a magistrate of first instance, either the Prosecutor's office or headquarters, effective or honorary, who is appointed by the King, with voice but without vote. The King shall also, under the same conditions, a Deputy assessor. "."
S. 9A section 11 of the Act, the following amendments are made: 1 ° in paragraph 2, the first sentence is replaced by the following: "The King complete the Higher Council by designating in each of the veterinary faculties of the universities of Ghent and Liège an effective delegate and an alternate delegate.";
2 ° paragraph 3 is supplemented by the following sentences: "the delegate of the Veterinary Faculty of Ghent University seat in the section of Dutch expression and the delegate of the Veterinary Faculty of the University of Liège seat in the French-speaking section. The Board of Governors is assisted by judges assessors of the regional councils that have a consultative voice";
3 ° in the Dutch text of paragraph 4, the words "voorzitters van Kamer" shall be replaced by the word "Kamervoorzitters";
4 ° 6, 5 ° paragraph, is replaced by the following: "(5) to control the General activity of the regional councils and collect their awards. II can load the regional councils to solve all cases their jurisdiction";
5 ° paragraph 6 is completed by the 6th, as follows: "6 ° to bring before the Court of Cassation awards made by the joint boards of appeal";
6 ° in paragraph 7, the words ", the joint boards of appeal" are deleted.
S. 10 A article
12 of the same Act, amended by laws of January 20, 1961 and July 15, 1970, the following changes are made: 1 ° in the paragraph 1, the words "and three veterinarians appointed by lot from among the members of the Council of the regional order whose decision is at issue and excluding those who made it" are replaced by the words "and three veterinarians members elected for three years among veterinarians registered from five years at least to the roll of the order and which are not members of the regional Council. After their term of three years, these are immediately eligible for re-election to the Joint Appeals Board or eligible for the regional Council";
2 ° paragraph 3 is replaced by the following: "the Joint Appeals Board is seized of the whole of the case.
The Joint Appeals Board may exacerbate sanction even on the single call of the concerned veterinarian. Final decisions handed down by the Joint Appeals Board are likely to be referred to the Court of cassation by comparing or by the Board of Governors for contravention of the Act or infringement of either substantial or prescribed on pain of nullity. ";
3 ° the Dutch text of paragraph 4 is replaced by the following: "In geval van cassatie, wordt de zaak teruggewezen anders samengestelde gemengde raad van beroep naar. Said rechtscollege extension zich naar de uitspraak van het Hof van Cassatie rechtsvragen betreft said waarover Hof uitspraak gedaan heeft wat'.
11. at article 13 of the same Act, replaced by the law of 26 January 1999 and amended by the Act of 10 November 2000, the following changes are made: 1 ° 1st paragraph is replaced by the following: "the Office of the regional Council receives information, complaints, statements, claims and means, as appropriate, among its members or those of the regional Council a veterinarian who will instruct the causes within the competence of the Office;"
2 ° paragraphs 4 and 5 are replaced by the following subparagraphs: 'the minutes of conciliation or conciliation established, the Chairman report to the office of the regional Council.
Complete instruction, the instructor shall report to a college investigation consisting of three members appointed in and by the regional Council.
The college elects a president in his breast. It is assisted by the magistrate referred to in article 10 and may appoint a clerk. College decides either classification suite, and possibly request to the president of the regional Council to the veterinarian a paternal admonition, or the appearance of the veterinary surgeon before the regional Council and draws up prevention.
The Member or the office or Board members who have completed the training mission or who have served the college of investigation may take part in the deliberations or the disciplinary decision. "."
S. 12. article 14 of the Act is replaced by the following: 'article 14 § 1. The sanctions available to the Council of the College are: warning, reprimand, suspension of the right to practise veterinary medicine for a term not exceeding two years and the deletion of the tables in the order, resulting in the definitive prohibition to practice veterinary medicine in Belgium.
Disciplinary measures are also applicable to veterinary legal persons.
When a disciplinary punishment is imposed on a veterinary Corporation, a disciplinary punishment can also be applied to natural persons listed in the tables of the order whose intervention is at the origin of facts for which the legal person is sanctioned to disciplinary action.
Legal sanctions, i.e. the warning and the reprimand, subject to deletion after a period of five years.
Private punishment, i.e. the suspension of the right to practice veterinary medicine, may be subject to deletion at the request of the veterinary surgeon concerned with the Joint Appeals Board.
This application may be made only once and after a period of ten years after the end of the suspension.
Veterinarians affected by decision cast in force of res judicata of the suspension are definitely the right of eligibility except in the event of deletion, and during the period of suspension, deprived the right to take part in the elections of the Council of the College.
Full members or alternates of the Councils of the order condemned by decision cast in force of res judicata of the head of an offence relating to the practice of medicine veterinary or stricken to a disciplinary penalty, are deprived of the right of their mandate.
Radiation and the suspension penalties infringements may subject to prosecution of illegal practice of veterinary medicine.
§ 2. The Board of Governors of the order may, by decision of an administrative nature, suspend the right to practise veterinary medicine or subordinate its maintenance to the acceptance by the person concerned by restrictions that it imposed, when it is established the opinion of experts doctors nominated by the Supreme Council of the order of veterinary doctors, only a veterinarian does meet more skills physical or psychic to continue the exercise of his profession without risk.
This veterinarian is not free to deliberately evade examination of experts. In the latter case, the Supreme Council of the order may, by unanimous decision, suspend the right to practise veterinary medicine or subordinate its continued acceptance by the person concerned of the limitations that is imposed for the period necessary to obtain the opinion of the experts. This period can never be more than three months, renewable as many times as necessary.
If his physical or mental incapacity is such that she feared consequences serious both for humans and animals, the Supreme Council of the order may, by unanimous decision, suspend the right to practise veterinary medicine or subordinate its continued acceptance by the person concerned of the limitations that is imposed for a period necessary for obtaining the opinion of the experts. This period can never be more than two months, renewable as many times as necessary.
The suspension or conditional maintenance of the right to practise veterinary medicine ends as soon as the Board of Governors of the order ruled definitively.
Administrative decisions referred to in this paragraph does not apply to veterinary Corporation".
S. 13. in article 15, paragraph 2, of the Act, the words "articles 44 to 47 of the Code of civil procedure" shall be replaced by the words "of the Judicial Code".
S. 14 A section 16 of the Act, the following amendments are made: 1 ° in the paragraph 1, the word "regional" was inserted between the words "Council" and "order";
2 ° paragraph 3 is replaced by the following: "the Higher Council deliberates validly if two-thirds of its members, chaired by the judge appointed as its Chairperson in accordance with article 11, are present.";
3 ° in the Dutch text of paragraph 4, the word "IM" is replaced by the word "is".
S. 15. in article 17, paragraph 1, of the Act, replaced by the Act of March 1, 2007, the word "regional" is inserted between the words "Council" and "within 30 days".
S. 16. in article 20, paragraph 1, of the Act, the word "regional" is inserted between the words "tips" and "order".
S. 17. in article 21 of the same Act, the words "The members of the Councils of the order" are replaced by the words "without prejudice to the penal provisions provided for in article 458 of the penal Code, the members of the regional councils of the order".
S. 18. article 22 of the Act is replaced by the following: 'article 22. only the Higher Council is in justice. It may mandate one of its members. '. "
S. 19 A section 23 of the Act, the following amendments are made: 1 ° 1st paragraph is replaced by the following: "the Higher Council and regional councils may have owned or otherwise of other buildings than those needed for their operation.";
2 ° paragraph 3 is replaced by the following: "the Supreme Council of the order fixes the amount of contributions from veterinarians and veterinary legal persons necessary for the functioning of the organs of the order. Regional councils collect the dues from the members of their respective table."
20. article 24 of the Act is replaced by the following: 'article 24. the King fixed after consultation with the Supreme Council of the order of veterinary doctors:-the number of the full members and alternate members to designate for each Council agenda;
-the terms and conditions of the elections: the forms and time limits for appeal against the elections and the authority responsible for ruling on such remedies. "."
S. 21. in articles 1, 3, 4, 5, 7, paragraph 3, 11, 16, 20 and 21 of the Act, the word "der" is replaced each time by ' van de ' in the Dutch text.
S. 22. in the text Dutch articles 5, 11, 16 and 18 of the Act, the words "veeartsenijkundig" and "veeartsenijkunde" are each time replaced by the words 'diergeneeskundig' and 'diergeneeskunde'.
S. 23. in articles 11 and 12 of the Act, the word "regelen" is every time replaced by the word "regels" in the Dutch text.
24. in articles 11, 12 and 19 of the same Act, the word "verbreking" is every time replaced by the word 'cassatie' in the Dutch text.
Promulgate this Act, order that it be under the seal of the State and published by le Moniteur.
Given in Brussels on March 19, 2014.
PHILIPPE by the King: the Minister of health, Mrs L. ONKELINX the Minister of Agriculture, Mrs S. LARUELLE sealed with the seal of the State: the Minister of Justice, Ms. A. TURTELBOOM _ Note (1) House of representatives (www.lachambre.be) Documents: 53-186-3266 full report: February 13, 2014 Senate (www.senate.be) Documents: 5-2491 annals of the Senate: March 11, 2014