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Law Amending The Law Of 8 November 1993 Protecting The Title Of Psychologist (I)

Original Language Title: Loi modifiant la loi du 8 novembre 1993 protégeant le titre de psychologue (I)

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belgiquelex.be - Carrefour Bank of Legislation

21 DECEMBER 2013. - An Act to amend the Act of 8 November 1993 to protect the title of psychologist (I)



PHILIPPE, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
Article 1er. This Act regulates a matter referred to in Article 78 of the Constitution.
Art. 2. In the Act of 8 November 1993 protecting the title of a psychologist, a chapter II/1 entitled:
"CHAPITRE II/1. Disciplinary Council and Appeal Council".
Art. 3. In chapter II/1, inserted by article 2, an article 8/1 is inserted as follows:
"Art. 8/1. Persons on the list referred to in Article 2, § 1er, shall be subject to ethical rules established by the King by order deliberately in the Council of Ministers after the advice of the Commission.
The King may, however, by order deliberately in the Council of Ministers, at any time and without receiving the opinion of the Commission, amend the rules of ethics in order to ensure the transfer in domestic law of the directives relating to the mutual recognition of diplomas and vocational training, including Directive 2005/36/EC of 7 September 2005 on recognition of professional qualifications, and directives promoting the free movement of goods and services, including Directive 2006/123/EC ".
Art. 4. In the same chapter II/1, an article 8/10 is inserted as follows:
"Articles 828, 830, 831 and 833 of the Judicial Code relating to recusal are applicable by analogy to members of the Disciplinary Council and the Appeals Board."
Art. 5. In the same chapter II/1, an article 8/11 is inserted as follows:
"The sentences of the Disciplinary Council and the Appeals Board are pronounced in public session.
The hearings of the Disciplinary Council and the Appeals Board shall be held in public, except in the cases referred to in Article 148 of the Constitution, or if the protection of privacy or professional secrecy is contrary to that advertisement or when the summoned person renounces, on his or her own free will and unequivocally, that advertisement.
The proceedings are secret. ".
Art. 6. In the same chapter II/1, an article 8/13 is inserted as follows:
"The appeal in cassation referred to in Article 8/12 is suspensive of the sentence under attack.
In the event of a cassation, the case is referred to the Appeal Board otherwise composed. The latter complies with the decision of the Court of Cassation on the points of law that it considers.
The cassation procedure is regulated as in civil matters. ".
Art. 7. In the same chapter II/1, an article 8/14 is inserted as follows:
"If the principal institution of the person prosecuted is located in the German language region, the latter has the choice between the French-speaking Chamber or the Dutch-speaking Chamber.
The operating rules of the councils provide for representation of the German-language region
A person who does not have sufficient knowledge of the language of the proceedings used by the Disciplinary Council Chamber or Appeals Board to which he or she is summoned may be present at the hearing by an interpreter of his or her choice. ".
Art. 8. This Act comes into force on the first day of the third month following that of its publication in the Belgian Monitor.
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 21 December 2013.
PHILIPPE
By the King:
Minister of Average Class,
Mrs. S. LARUELLE
Seal of the state seal:
The Minister of Justice,
Ms. A. TURTELBOOM
____
Note
(1) House of Representatives (www.lachambre.be)
Documents: 53-173 - 3066
Full report: 12 December 2013
Senate (www.senate.be)
Documents: 5-134 - 5-2402
Anals of the Senate: December 19, 2013.