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 (II)

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 77 of the Constitution.
Art. 2. In chapter II/1 of the Act of 8 November 1993 protecting the title of psychologist, inserted by the Act of 21 December 2013 amending the Act of 8 November 1993 protecting the title of psychologist (I), an article 8/2 is inserted as follows:
"Art. 8/2. A Disciplinary Council is established, whose mission is to ensure compliance with ethical rules and to rule in disciplinary matters with respect to persons listed in section 2, § 1^er. Decisions are notified by registered letter to the data subject.
The Disciplinary Council is composed of a Dutch-speaking room and a Francophone room. ".
Art. 3. In the same chapter II/1, an article 8/3 is inserted as follows:
"Art. 8/3. The jurisdiction of the Board of Disciplinary is determined by the place where the person prosecuted has its principal place of business.
If this place is located in the bilingual region of Brussels-Capital, this competence will depend on the language chosen by the person being prosecuted.".
Art. 4. In the same chapter II/1, an article 8/4 is inserted as follows:
"Art. 8/4. An Appeals Board shall be established, which shall decide on the appeal made by the person under section 8/2.
The time limit for appeal shall be one month from the date of receipt of notification of the Disciplinary Council decision referred to in Article 8/2.
The Appeals Board is composed of a Dutch-speaking room and a Francophone room. ".
Art. 5. In the same chapter II/1, an article 8/5 is inserted as follows:
"Art. 8/5. The Board of Appeals shall decide on appeals against decisions taken by the Board of Disciplinary of their language. ".
Art. 6. In the same chapter II/1, an article 8/6 is inserted as follows:
"Art. 8/6. The Disciplinary Council and the Appeals Board may impose the following disciplinary sanctions:
- warning;
- suspension;
- radiation.
The suspension will result in the prohibition of the title of psychologist for a maximum period of 24 months that is fixed by the Disciplinary Council.
Radiation leads to the ban on the title of psychologist.
A request for rehabilitation may be filed with the Disciplinary Council not earlier than five years after the deletion has been pronounced. It can only be accommodated if exceptional circumstances warrant it.".
Art. 7. In the same chapter II/1, an article 8/7 is inserted as follows:
"Art. 8/7. The King determines:
1° the number of effective and alternate members of the Councils referred to in articles 8/2 and 8/4;
2° the conditions of their eligibility;
3° the rules of their election;
4° their allowances;
5° the rules of operation of the said Councils.
The operating costs of the Councils referred to in articles 8/2 and 8/4 shall be borne in accordance with the rules established by the King."
Art. 8. In the same chapter II/1, an article 8/8 is inserted as follows:
"Art. 8/8. The Chambers referred to in sections 8/2 and 8/4 are presided over by an effective or honorary magistrate or by a lawyer who has been on the board of the Order of the Flemish Bar or the Order of the French and German-speaking Bars for at least five years. Their voice is preponderant in the event of parity of the voices.
An effective president and an alternate president shall be appointed by the King for a term of six years. The King determines their allowances.".
Art. 9. In the same chapter II/1, an article 8/9 is inserted as follows:
"Art. 8/9. The duties of a member of the Disciplinary Council referred to in section 8/2, a member of the Appeals Board referred to in section 8/4 and a member of the Psychologists Board referred to in chapter II are incompatible with each other."
Art. 10. In the same chapter II/1, an article 8/12 is inserted as follows:
"Art. 8/12. A cassation appeal may be brought by the person concerned against the sentences of the Appeals Board for contravention of the law or for violation of the forms either substantial or limited to nullity.
It is permissible for the Attorney General near the Court of Cassation to appeal to this Court in the interest of the law.".
Art. 11. Article 614 of the Judiciary Code is supplemented by the 11°, which reads as follows:
"11° of the decisions of the Appeals Board referred to in Article 8/4 of the Act of 8 November 1993 protecting the title of psychologist. ".
Art. 12. 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
The Minister of Justice,
Ms. A. TURTELBBOM
Seal of the state seal:
The Minister of Justice,
Ms. A. TURTELBOOM
____
Note
(1) House of Representatives (www.lachambre.be)
Documents: 53-173 - 3067
Full report: 12 December 2013
Senate (www.senate.be)
Documents: 5-134 - 5-2403
Anals of the Senate: December 19, 2013.