318/2004 Sb.
LAW
of 29 April 2004. April 2004,
amending Act No. 381/1991 Coll., on the Chamber of veterinary surgeons
The United States
Parliament has passed the following Act of the United States:
Article. (I)
Act No. 381/1991 Coll., on the Czech Republic's Chamber of veterinary surgeons,
is amended as follows:
1. In article 2 (2). 1 (b). and the word "orders)" is replaced by "rules
regulations "and at the end of the text of subparagraph (a)) the words" and shall inform the
members of the Chamber and a visiting Veterinary Surgeons (Section 5a) on the legal
legislation and professional regulations relating to the exercise of the activity
veterinarian on the territory of the Czech Republic and on the recognition of eligibility
to practise the profession of veterinary surgeon on the territory of the Czech Republic. "
2. In article 2 (2). 1 at the end of paragraph (e) is replaced by a comma and dot)
the following points (f) to (j))) are added:
"(f) confirmation of length) publishes a membership in the Chamber, and, where appropriate, other
certification, the certifying fact under this Act,
g) works with the Chambers of Commerce of veterinary surgeons or similar
legal persons in the Member States of the European Union, shall consult with the
them their views, in particular in the event of doubts as to the authenticity of the
the diploma, certificate or other document, which the person concerned is evidenced by the
meet the prescribed conditions of qualification, and shall inform them of the
breaches of the legislation on veterinary care for their members,
h) shall ensure that a citizen of a Member State of the European Union, which was recognized by the
eligible for the performance of veterinary therapeutic and preventive activities,
acquire, or deepened to the extent necessary for the proper performance of
on the territory of the Czech Republic, Czech language,
I) examines on-demand Chamber of veterinary surgeons or similar
legal persons of the Member State of the European Union for information on
Chamber members and visiting veterinarians, which could have a
impact on the initiation or the performance of their veterinary treatment and preventive
activities in the Member State of the European Union, and shall inform that authority of
its findings no later than 3 months from the date on which the competent
noted, and at the same time of the measures taken; The Chamber is
the obligation to ensure the protection of the transmitted personal data,
j) deals with suggestions and complaints about its members and decides on them if
is not otherwise provided by this Act, within 30 days, in particular
complex cases within 60 days. ".
3. In article 2 (2). 2 (c)), including footnotes # 1) and 1a) is inserted:
"(c)) to issue, in accordance with the law of the European Communities ^ 1) certificate of
meet the conditions for pursuing the veterinary therapeutic and preventive activities
stipulated by special legislation "^ 1a) (hereinafter referred to as the" certificate ");
This certificate is issued by the Board of Directors of the Chamber according to the approved procedure for
certification on the basis of the request, which must be dealt with
no later than 30 days after its filing,
1) Council Directive 78/1026/EEC of 18 June 1992. in December 1978, which relates to
mutual recognition of diplomas, certificates and other evidence of the prescribed
qualifications in veterinary medicine, including measures to facilitate the
the effective exercise of the rights of establishment and the freedom to provide services.
Council Directive 78/1027/EEC of 18 June 1992. in December 1978, which relates to
the coordination provisions of laws and regulations relative to activities
veterinary surgeons.
1A) Act No. 167/1999 Coll., on health care and on amendments to certain
related laws (health law), as amended
regulations. ".
Footnote 1) is renumbered as footnote
# 1b), including links to a footnote.
4. In article 2 (2). 2 points, d) and (e)) shall be deleted.
Subparagraph (f)), g), (h)), ch), i), (j)) and to) are known as letters
d), (e)), f), (g)), h), (i)) and (j)).
5. in article 4 paragraphs 1 and 2 shall be added:
"(1) the veterinary doctor, who performs on the territory of the Czech Republic
Veterinary therapeutic and preventive activities, must be a member of the Chamber, with the
except for a visiting veterinarian (Section 5a). This obligation shall
does not apply to veterinarian who performs the veterinary treatment
and preventive activities in the field of competence of the Ministry of Defense or
The Ministry of the Interior.
(2) the Board of the Chamber writes to the list of Chamber members within 2 months
from the date of receipt of a written application, which
and provide a certificate of completion) conditions for the exercise of professional veterinary
activities pursuant to § 2 (2). 2 (a). (c)),
(b)) has the full capacity to perform legal acts. "
6. in paragraph 4, the following paragraph 5 is added:
"(5) the Chamber of Commerce maintains a list of visiting veterinarians (Section 5a), who
announced the performance to the veterinary treatment. ".
7. in paragraph 5, the following paragraph 5a is inserted:
"§ 5a
(1) the veterinarian of the Member State of the European Union, which is established
on the territory of a Member State of the European Union and in the territory of the United
the Republic intends to carry out veterinary therapeutic and preventive activities
temporary or occasional basis (hereinafter referred to as "visiting the veterinarian")
may not be a member of the Chamber, however, is obliged to notify in advance the performance of the Chamber
Veterinary therapeutic and preventive activities in the territory of the Czech Republic. To
notification of a visiting veterinarian shall be accompanied by a certificate stating that
veterinary treatment and carries out preventive activities in their State of
established in accordance with its legislation, and the certificate that meets the
qualification requirements for the performance of this veterinary activities; These
the documents must not be older than 12 months.
(2) If a veterinarian in accordance with paragraph 1 may compromise
the provision of urgent veterinary treatment or preventive action, it is
obliged to give priority to start the performance of this veterinary activities and, subsequently,
without undue delay, notify the Chamber of his initiation.
(3) the notification referred to in paragraphs 1 and 2 shall entitle a visiting Veterinary
the doctor on the performance of veterinary therapeutic and preventive activities within
business for the period specified in the notice, but no longer than for a period of 2 months.
(4) the Chamber shall inform the Chamber of veterinary surgeons of the Member
State of the European Union, in which the visiting veterinarian is established, the
disciplinary penalties, if that person has saved him.
(5) the provisions on the rights and obligations of the members of the Chamber to the hosting
the veterinarian likewise apply, with the exception of section 6 (1). 1 (b). and)
and (b)) and section 6 (1). 2 (a). e).".
8. In section 6 (1). 2, after the word "Chambers", the words ", which is
Entrepreneur ".
9. In paragraph 6, the following paragraph 3 is added:
"(3) the Member of the Chamber, which is not an entrepreneur, is obliged to
and) profession professionally, in accordance with its ethic and way
laid down by the generally binding legal regulations,
(b) pay the prescribed contributions). ".
10. section 7 reads as follows:
"section 7 of the
Certificate
(1) the Chamber shall issue to a member of the Chamber, at his request, a certificate stating
and whether it meets the qualification requirements) for the performance of veterinary medical and
preventive activities [§ 2, paragraph 2 (b), (c))], or
(b)) that performs on the territory of the United States veterinary medical and
preventive activities, in accordance with the law.
(2) the certificate referred to in paragraph 1 exposes the Board Chambers in the
accordance with the approved regulations for the granting of certificates within 30 days from the date of
submission of the application. The certificate is valid for a period mentioned therein, not more than
However, 12 months from the date of its issue.
(3) if the Chamber to hold a CPC disciplinary penalties
According to § 17 para. 1 (b). c) or (d)), it shall, at the same time the temporary or
permanent withdrawal of the certificate referred to in paragraph 1, where appropriate, in accordance with subparagraph (b)). ".
11. in § 12 para. 4 (b). (b)), the word "internal" shall be replaced by
"the estates".
12. in article 15, paragraph 2. 3 (b). (b)), and (c)), the word "schedules" is replaced by
"rules".
13. in paragraph 17, the following paragraphs 5 and 6 are added:
"(5) a decision establishing the disciplinary procedure ends and against
which cannot be appealed, is in the final and enforceable, except
referred to in paragraph 6.
(6) if the fine is imposed as a disciplinary measure, it should be
pay within 15 days of the decision, unless the decision
a longer period, or unless otherwise specified in the decision, that the fine is to be paid in
installments. The decision imposing the disciplinary action is
enforceable, once the deadline for fulfillment. ".
14. section 18 reads as follows:
"section 18
(1) a Council against the decision of the Honorable Chamber of imposing a disciplinary
measures pursuant to § 17 para. 1 (b). b), c) and (d)) can lodge an appeal in the
the period of 15 days from the date of notification of the decision.
(2) the appeal shall be considered filed on time if it was passed at least
the last day of the period referred to in paragraph 1 to the owner of the mail delivery
the license. The appeal shall have suspensive effect.
(3) an appeal shall be decided by a panel of the Senate appointed by the Board of
Chamber of the Board of Directors (the "Board of appeal").
(4) the Board of Appeal Chamber decisions in the appeal proceedings revoke or
the appeal be rejected and the decision. If the Board of Appeal Chamber
citing the contested decision, it returns it honorable to the Council Chamber to the next
proceedings and decisions; Senate Honorary Council Chamber in this case is bound
the legal opinion of the Board of the Chamber. ".
15. § 19 including the title reads as follows:
"§ 19
The scope of the Ministry of agriculture
The Chamber is required to submit within 30 days, the Ministry of agriculture all
the estates regulations, adopted by its institutions. If the Secretary of agriculture for
the fact that the estates of the Chamber is in breach of regulation with the constitutional or other
by law, is entitled to submit a proposal to its cancellation by the Court. ".
Article II
The effectiveness of the
This Act shall take effect on the date of its publication.
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Klaus r.
Spidla in r.