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Posted the: 2014-02-04 Numac: 2014011036 SERVICE PUBLIC FÉDÉRAL ÉCONOMIE, P.M.E., CLASSES averages and energy 21 December 2013. -Act to amend the law of 8 November 1993 protecting the title of psychologist (II) 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 77 of the Constitution.
S. 2. in chapter II/1 of the law of 8 November 1993 protecting the title of psychologist, inserted by the law of December 21, 2013, amending the law of 8 November 1993 protecting the title of psychologist (I), it is an article inserted 8/2 as follows: "article
8/2. A disciplinary Council is established has for mission to ensure compliance with ethical rules and adjudicate disciplinary matters in respect of the persons listed on the list referred to in article 2, § 1. Decisions shall be notified by registered letter to the person concerned.
The disciplinary board is composed of a Dutch-speaking Chamber and a francophone Chamber. "."
3. in the same chapter II/1, an as follows 8/3 article is inserted: ' article 8 / ' 3. the jurisdiction of the boards of the disciplinary board is determined by the place where the person sought has its principal establishment.
If this place is located in the bilingual region of Brussels-capital, this jurisdiction will depend on the language chosen by the accused. "."
S. 4. in the same chapter II/1, an as follows 8/4 article is inserted: ' article 8 / ' 4. a Board of appeal is established, which shall decide on the appeal by the person sanctioned in application of article 8/2.
The time limit for an appeal is one month from the receipt of the notification of the decision of the disciplinary board, referred to in article 8/2.
The Board of Appeal consists of a Dutch-speaking Chamber and a francophone room. "."
S. 5. in the same chapter II/1, inserted a section 8/5 as follows: ' article 8 / ' 5. the boards of the Appeals Board are pronounced on the appeals lodged against the decisions taken by the Board of the disciplinary board of their language. "."
S. 6. in the same chapter II/1, an as follows 8/6 article is inserted: ' article 8 / ' 6. the disciplinary board and the Appeal Board can impose the following disciplinary sanctions:-warning;
The suspension entails the prohibition of wearing the title of psychologist for a maximum duration of 24 months which is fixed by the disciplinary board.
The radiation caused the prohibition of wearing the title of psychologist.
A pardon application may be submitted to the Disciplinary Board no sooner than five years after the delivery of the radiation. It cannot be granted unless exceptional circumstances warrant. "."
S. 7. in the same chapter II/1, an as follows 8/7 article is inserted: ' article 8 / ' 7. the King determines: 1 ° the number of members full and alternate advice referred to in articles 8/2 and 8/4;
2 ° the conditions of eligibility;
3 ° the rules of their election;
4 ° their allowances;
5 ° rules operating such advice.
The operating costs of the advice referred to in articles 8/2 and 8/4 are supported according to the rules laid down by the King. "."
S. 8. in the same chapter II/1, an as follows 8/8 article is inserted: ' article 8 / ' 8. the rooms referred to in articles 8/2 and 8/4 are chaired by an actual or honorary magistrate or an attorney who is registered for at least five years at the table of the Flemish bar order or the order of bars French-speaking and German-speaking.
Their voice is paramount in the event of parity of votes.
An effective president and a Deputy president are appointed by the King for a period of six years. The King determines their allowances. "."
9. in the same chapter II/1, an as follows 8/9 article is inserted: ' article 8 / ' 9. the functions of Member of the disciplinary board referred to in article 8/2, Member of the Board of appeal referred to in article 8/4 and member of the Board of psychologists referred to in chapter II shall be mutually incompatible. "."
S. 10. in the same chapter II/1, an as follows 8/12 article is inserted: ' article 8 / ' 12. an appeal in cassation may be brought by the person concerned against the sentences of the Board of appeal for contravention of the Act or for infringement of either substantial or prescribed on pain of nullity.
It is open to the public prosecutor near the Court of Cassation to appeal to this Court in the interest of the law. "."
S. 11. article 614 of the Judicial Code is supplemented by 11 °, as follows: "11 ° of decisions handed down by the Board of appeal referred to in article 8/4 of the law of 8 November 1993 protecting the title of psychologist.".
12. this Act comes into force the first day of the third month following that of its publication in the Moniteur belge.
Promulgate this Act, order that it self under the seal of the State and published by le Moniteur.
Given at Brussels, December 21, 2013.
PHILIPPE by the King: the Minister of the Middle Classes, Ms. S. LARUELLE. the Minister of Justice, Ms. A. TURTELBBOM sealed with the seal of the State: the Minister of Justice, Ms. A. TURTELBOOM _ Note (1) House of representatives (www.lachambre.be) Documents: 53-173-3067 full record: 12 December 2013 Senate (www.senate.be) Documents: 5-134 - 5-2403 anal Senate: 19 December 2013.
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