Law on the professions in individual health care

Original Language Title: Wet op de beroepen in de individuele gezondheidszorg

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Law of 11 November 1993 laying down rules for the application of individual health care

We Beatrix, at the grace of God, Queen of the Netherlands, Princess of Orange-Nassau, etc. etc. etc.

All of them, who will see or hear these, saluut! do know:

In this regard, we have taken into consideration that it is desirable to:

to replace, until now, the legislation in force in the field of the exercise of medicine, containing a whole area of medicine-free trade ban, without any legal capacity for that purpose, by an arrangement covering a wider area of individual health care and reserve only the provision of categories of transactions designated by law to categories of qualified persons in accordance with the law, while the conduct of legally protected professional titles is exclusively due to those who are registered in the registers established for the relevant professions in accordance with the law and are provided with regard to other professions in the field of individual health care in the context of the rules governing the application of the rules of the the training of those professions;

in the case of several categories of qualified qualified in accordance with law, to establish a system of disciplinary justice adapted to the needs identified;

In this way, we, the Council of State, and with the mean consultations of the States-General, have been well-regarded and understood to be right and to be understood by the following:

Chapter 1. Conceptual provisions

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Article 1

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  • (1) In this law and the provisions based thereon, transactions in the field of individual health care, in addition to the acts described in paragraph 2, shall be understood to mean all other operations-investigating and giving advice including directly related to a person and to promote or monitor his or her health.

  • 2 The following shall be understood by means of acts in the field of medicine:

    • a. All transactions-investigating and providing advice-relating directly to a person and to cure him of a disease, to protect him from the occurrence of a disease or to assess the state of health, or provide midwifery assistance;

    • b. A person taking blood or removing tissue for purposes other than those intended for use in the person concerned A ;

    • c. removal of tissue from a deceased person and carrying out section.


Article 2

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  • 1 In this law and the following provisions are governed by our Minister: Our Minister of Health, Welfare and Sport.

  • 2 In the Chapters VII and VIII Our Ministers of Health, Welfare and Sport and the Justice of the European Union are the Minister for Health, Welfare and Sport.

  • 3 This law means, under another Contracting State, a State, other than a Member State of the European Economic Community, which is a party to the Agreement on the European Economic Area or Switzerland.

  • 4. In this law and the provisions based thereon, the register shall be understood to mean: Article 3, first paragraph , set up register.

  • (5) In this law and the provisions based thereon, a recognized specialist register shall be defined as a specialist register in respect of which the Article 14, first paragraph , has been applied, or a specialist register applying to Article 16 It was called into life.

Chapter II. Registration and title protection

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§ 1. General

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Article 3

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  • 1 Registers shall be set up, in which persons who meet the conditions laid down in this Act and under this Act shall be entered on their application as follows:

    doctor,

    dentists,

    pharmacist,

    healthcare psychologist,

    psychotherapist,

    physiotherapist,

    Midwife,

    nurse.

  • 2 For each tender, the register shall contain the name, previous names, sex, date of birth, nationality and address of the person concerned and the number and time of registration.

  • 4 Each registry shall be set up and administered by Our Minister.

  • 5 The registers shall be set up in order to meet a request for information as referred to in Article 4 (2). Article 12 and for the purpose of monitoring the implementation of the Articles 4 and 17 .


Article 4

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  • 1 To those who are registered in a register, the right is reserved for the Article 3, first paragraph , in the capacity in which they are registered, to give title as title.

  • 2 The person who does not receive the right to conduct a title governed by this Act under paragraph 1 shall be prohibited from having that title, a name equal to that title or a distinguishing sign relating to that title, indicated by the person concerned. application of Article 93 or, in particular, correspond ing to it.

  • 3 As long as an entry in a register is suspended, the person concerned shall be treated as a non-attached member.

  • 4 Where in this Act, or in any of these provisions, persons with an in Article 3, first paragraph If the names mentioned are indicated, they shall be understood to mean those registered in the register concerned.


Article 5

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  • 1 Our Secretary of State shall be entitled to decide on the application for registration in a register. Our Minister is also empowered to decide on the application by a nurse to include in the register of the applicant ' s jurisdiction the Article 36, fourteenth paragraph , designated UR medicines for writing. The indication shall include the indication of the category of nurses to which the applicant belongs. Our Minister shall be entitled to make an indication as referred to in the preceding sentence if the nurse concerned no longer fulfils the requirements laid down in Article 36 (1) (d).

  • 2 In the case of, or under general management, rules shall be laid down on the amount to be paid for processing an application as referred to in paragraph 1 as well as on the method of lodging an application and the amount to be applied in the application provide data or documents necessary for the assessment of an application as referred to in the first paragraph. The amount referred to in the first sentence shall be determined in such a way as to pay the costs of processing an application as referred to in paragraph 1.

  • 3 In the case of, or under general management, an amount may be fixed to be taken into account by registered professional persons per person in the measure for being registered in the register. The amount referred to in the first sentence shall be determined in such a way as to cover the costs linked to it entered in the register.

  • 4 In the case of, or under general management measure, rules may be laid down on the implementation of Article 6, part f .


Article 6

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The invitation to tender shall be refused:

  • a. if the applicant does not meet the requirements of Chapter III said training requirements;

  • (b) if the applicant has been placed under receipability due to physical or mental status as a result of a judgment of res judicata;

  • (c) if the applicant discontinues the right to practise the profession in question, as a result of a judicial decision;

  • d. if this results from a measure taken against the applicant under this law;

  • (e) where, in respect of the applicant, a measure based on a judicial, disciplinary, administrative or administrative decision taken abroad by the applicant is in force on the basis of which the applicant has rights in respect of the exercise of the appeal in question in the country in which the decision has been granted has been temporarily or permanently lost,

  • f. if the applicant does not have sufficient control of the Dutch language in order to be able to exercise his profession in the Netherlands.


Article 7

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The invitation to tender shall be removed:

  • a. in the event of the death of the attached Member;

  • b. at the request of the attached Members;

  • c. if the attached person is in one of the Article 6 (b) or (c) , the circumstances referred to were to be found;

  • d. if this results from a measure taken in accordance with this law against the inaction of the Member State concerned;

  • (e) if this is the result of a measure based on a judicial, administrative, administrative or administrative decision taken abroad on the basis of which the members of the Member State concerned are rights in respect of the exercise of the profession in question in the country where the decision has been made temporarily or permanently.


Article 7a

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Our Minister can Article 6, part e , and Article 7 (e) , leaving or derogating from it to the extent that it applies, having regard to the importance of protecting those provisions, will lead to an imfairness of the nature of the measures.


Article 8

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  • 1 In the case of a general management measure, registration shall be made in a register designated by the measure if, after the date referred to in the second paragraph, a period specified in the measure has expired.

  • 2 The date referred to in the first paragraph shall be the latest of the following dates:

    • a. the date on which the attached Members one or under Chapter III or VI designated certificate or an in Article 41, first paragraph, point (b) , that declaration or a recognition of professional qualifications as referred to in the General law on recognition of EU professional qualifications has been obtained;

    • (b) the date prior to which he, in accordance with the rules laid down in the first paragraph, has completed training in accordance with the rules laid down in the first paragraph, before the application of the attached Members in the register, or the date of admission to an education leading to a legally recognized specialism as intended in Article 14, first paragraph ;

    • (c) prior to a filing by the Members of the Register, registered in the register prior to which the members of the Member State concerned have performed in the relevant field of the course of the profession as regards duration and spread over the period referred to in the first paragraph shall comply with the rules to be laid down by a general measure of management.

  • 3 By way of derogation from the first paragraph, the registration of a specialist shall be covered by a scheme as referred to in Article 15, first paragraph , in the register referred to in paragraph 1, not crossed out as long as it is registered as a specialist in an approved specialist register.

  • 4 On an application as referred to in point (b) or (c) of the second paragraph, Article 5 applicable mutatis mutandis.

  • 5 The cancellation shall not be removed until it has been decided upon an application for the endorsement of a date referred to in point (b) or (c) of the second paragraph of this Article.

  • 6 Where application is made to the first paragraph in respect of a given register, without prejudice to the provisions of the Article 6 , where the applicant does not submit a certificate or attestation as referred to in paragraph 2, if the applicant has not entered the period fixed under the first paragraph, prior to the filing of the application for registration obtained or completed a training period or a period of activity as referred to in that paragraph.

  • 7 Our Minister may:

    • (a) lay down requirements to which the nature of the work referred to in the second paragraph, C , to comply with this Article;

    • (b) designate, for the purposes of this Article, activities in the field of individual health care, whether or not in the field of individual health care, with activities in the relevant field of occupation.


Article 9

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  • 1 In the register, if it results from a measure or decision taken pursuant to this Act, it shall be endorsed by:

    • (a) a given order, including a containment of the power registered in the register to exercise the profession in question;

    • b. a reprimand imposed on the inlet;

    • c. a fine imposed on the attached amount;

    • d. the suspension of a tender;

    • e. the conditions imposed by an attached member;

    • (f) the partial denial of jurisdiction in the register to exercise the profession in question;

    • g. the cancellation of the entry in the register on the basis of Article 7 (c), (d) or (e ;

    • h. the denial of the right to be entered in the register again;

    • (i) the termination of a suspension other than the expiry of the period specified in a measure;

    • (j) No longer apply the conditions referred to in point (e), other than as a result of the expiry of the probationary period, and of the denial as referred to in (f).

  • 2 A note shall be entered in the register of a measure based on a judicial, disciplinary, administrative or administrative decision taken abroad on the basis of which the members of the Member State concerned have rights in respect of the exercise of a judicial or administrative decision. the appeal in question in the country where the decision has been made temporarily or permanently has been lost in part.

  • 3 In the case of an endorsement referred to in the first or second paragraph, the following shall be stated:

    • (a) the date of the suspension of the suspension and the duration of the suspension, if it is already known;

    • (b) the date on which the order, the reprimand, the fine, the conditions referred to in paragraph 1, the denial, cancellation or denial of the right to reregistration and, where the conditions or the conditions laid down in the second paragraph are fulfilled, are applicable. the measure is limited to a probationary period, its duration shall be limited to:

    • (c) the date on which the suspension was terminated or from which the order, the conditions referred to in paragraph 1 or the measure referred to in paragraph 2 were no longer valid.

  • 4 If the note referred to in paragraph 2 has been entered in the Register, the restriction of jurisdiction imposed abroad shall also apply to the exercise of professional activity in the Netherlands.

  • 5 The note referred to in paragraph 1 (a) to (j) and the note referred to in paragraph 2 shall be entered in the register for a period of time specified in general management measures, where the nature of the offence is known to be known which has led to the endorsement.


Article 10

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  • 1 Any registration, endorsement or cancellation in a register shall be effected on the basis of a decision taken by the Court to that effect.

  • 2 Our Minister shall send a copy of a decision referred to in the first member to the administrator of the register of health care providers, as referred to in Article 2 (1). Article 14 of the Act uses civil service number in care and, if the enrolation, endorsement or passing-on is concerned with a doctor or a psychotherapist, the administrator of the authorization list of youth care providers, intended in Article 2y of the Law on Youth .


Article 11

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  • 1 Our Minister shall arrange for public notice of:

    • a. on the basis of Article 9 has been entered in the register and has been entered in the register, it being understood that the conditions imposed on an attached Member State are only provided for in the cases to be issued by a general measure of management;

    • b. a deletion of the invitation to tender

    • (c) where a person has been registered in the event of a public knowledge of the removal of the prior registration of that person in accordance with subparagraph (b);

    • d. the denial, intended to Article 48, third paragraph , from the right to be entered in the register again.

  • 2 In the public notice, the name and residence of the person concerned shall be indicated. The public notification shall be made by means of a general measure of management and for the duration to be determined, except that the notification shall in any case be made in the Official Gazette be done.


Article 12

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  • 1 The person concerned shall be informed of what is in the register indicated on his own request.

  • 2 The following shall be communicated to any person who so desires:

    • (a) whether a person is registered in a register;

    • (b) or, in the case of an inwritten order, which has the right to exercise jurisdiction in the register, is in force, with, if it is so, a description of the contents of the order;

    • (c) or, in respect of the attached documents, an endorsement of a reprimand in the register, including, if so, the nature of the offence which led to the submission of the reprimand;

    • (d) whether the record has been recorded in the Register with an endorsement of an imposed fine, including, if so, by reference to the nature of the offence which led to the imposition of the fine;

    • e. or the registration of a person has been suspended in a register;

    • (f) or, in the case of an attached person, a measure consisting in partial denial of jurisdiction in the register of the profession in question, is in force, with, if so, a description of the action; content of the measure;

    • g. to indicate, in cases of general administrative action, whether the conditions have been laid down in respect of an attached conditions, with, if so, a description of such conditions and, in the event of a period of probation limited to a period of probation, an indication of the conditions of the of its duration;

    • h. or, with regard to a nurse, an indication as intended in Article 5, first paragraph, second sentence , applicable.

  • 3 For the period under which Article 11 The notification shall be subject to an equal obligation to inform, as referred to in paragraph 2, the removal and denial of the right referred to in Article 11 (b) and (d) of the right to be entered again in the register. entered.

  • 4 The provision of communications, referred to in paragraph 2, other than to administrative and including services, shall, in so far as it is in writing, be made against payment of a fee according to a general measure the rate to be fixed.


Article 13

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The information contained in the registers may also be used for the purposes of the implementation of the Medical examiners , the Health Organisation Act and the transmission of information, public health as regards public health, public health, or other administrative bodies designated by our Minister, to the persons registered in registers.


§ 2. Specialties

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Article 14

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  • 1 If an organisation of a profession is as intended to Article 3 , for the registration of professionals who have acquired particular expertise as regards the exercise of a subfield of their profession, has a specialised register and has a title attached to it, our Minister may determine that that title is to be regarded as legally recognised specialistentile. An application for that purpose shall be made by the management of the organisation; the Steering Board may delegate the power to the institution referred to in paragraph 2 (d).

  • 2 Such a decision only takes our Minister if it is desirable to promote the proper exercise of individual health care, and if the following conditions are met:

    • (a) the organisation, in the opinion of our Minister, is sufficiently representative of the professionals of the profession concerned;

    • b. The organisation is an association with full jurisdiction;

    • c. the organization sets out rules that will, in any case, be laid down

      • -the procedure for decision-making within the organisation with regard to the establishment of a specialist register,

      • -the tasks and composition of the various bodies, and

      • -the amount which, in order to cover the costs, is payable for the purpose of examining an application for registration and for the recognition of a training establishment, as a subskidor;

    • d. the organisation shall know a body which

      • -is responsible for the decision establishing a specialist register, and

      • (i) rules on the requirements of registration as a specialist and the recognition of training establishments, their trainers, for specialisations;

    • (e) The organisation shall also be responsible for a body responsible for

      • -the registration of specialists,

      • (i) the recognition of training establishments, as well as trainers and trainers

      • -the supervision of the implementation of the rules by the recognised training bodies, their trainers.

  • 3 A system adopted by a body referred to in paragraph 2 (d) shall be in accordance with the rules laid down in the Treaty establishing the European Community or the Agreement on the European Economic Area, as provided for in the Treaty establishing the European Economic Area. The Agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other part, on the free movement of persons (Trb), adopted on 21 June 1999, on the other. 2000, 16 and 86).

  • 4 The arrangements referred to in paragraph 2 (c) and (d) require the consent of our Minister; consent may be withheld because of conflict with law or general interest.

  • 5 Registration in an approved specialist register does not depend on the membership of the organisation.

  • 6 Registration in an approved specialist register is only possible for persons who are registered in the register.

  • 7 To any person who so desires, the administrator of an approved specialist register shall be informed of whether a person is registered in the Register of Specialists.

  • 8 Our Minister may, in relation to the tasks referred to in this Article, be a body referred to in paragraph 2 (d) on binding decisions of the European Community and to promote the proper exercise of the individual Providing health care directions. Before going on to that end, he shall hear the institution concerned. A designation may not imply the establishment of a specialisation register for a given sub-area. A designation does not concern an individual specialist, training institution or opleader.

  • 9 Our Minister may revoke a decision taken pursuant to paragraph 1 if the provisions of this Article are no longer met.

  • 10 The institution referred to in paragraph 2 (d) shall, upon request, communicate to our Minister the information required for the performance of his task. Our Minister may request access to information and documents in so far as it is reasonably necessary for the performance of his duties.

  • 12 In the Official Gazette, a communication is made of:

    • a. the decisions of Our Minister under the first, fourth, eighth and ninth members;

    • (b) establishment and amendment of a system as referred to in point (c) and (d) of the second paragraph.


Article 15

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  • 1 A scheme as referred to in Article 14, second paragraph, point (d) In addition, the person who has completed his training as a specialist may be registered as a specialist for a period determined by the scheme and that a subsequent re-entry will only take place if the specialist is in the course of (i) a period fixed by that scheme, prior to the lodging of the application for renewal, has been regularly employed in the relevant sub-area of the exercise of the profession or will carry out the appeal under the conditions laid down in that procedure. re-enrolment to be given training conditions.

  • 2 Where the first paragraph of a scheme is applicable to that scheme:

    • (a) lay down requirements to be met by the work referred to in paragraph 1 for the purpose of applying that paragraph;

    • b. In the field of individual health care, it shall be designated, for the purposes of paragraph 1, to be treated as work in the relevant sub-area of the exercise of the profession;

    • c. also require participation in the promotion of expertise during the period of employment referred to in the first paragraph.

  • 3 A scheme referred to in paragraph 1 shall, once again as a specialist, be reinstated as a specialist to the person who is not re-registered as a specialist because of the failure to meet the requirements laid down for that purpose. Training, which is tailored to the knowledge and skill level of the person concerned, is once again met by the requirements for such a tendering procedure.

  • 4 In cases where application is given to Article 14, first paragraph , the professional organisation of each registration as a specialist shall be required to declare to our Minister a tender in such a way as to be such as to register it in such a way. A recorded note shall be entered in the register of each tender and for each cancellation of an invitation to tender. Where a registration as a specialist has been achieved by virtue of a system referred to in paragraph 1, the indication in the first and second voles shall be taken only if the person concerned has not been registered. has been registered as a specialist again within four weeks of being removed from the Court Register.

  • 5 Without Prejudice To Article 12, second paragraph The person concerned shall be informed of whether the person concerned is registered as a specialist, in respect of the attached Members.

  • 6 Deletion of an entry in the register or the suspension of registration in the register shall provide for the automatic suspension of the registration of the person concerned as a specialist for the purposes of suspending registration of the person concerned. Notice of any cancellation or suspension of an entry in the register shall be communicated to the organisation concerned.


Article 16

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If, in a particular area of appeal, as referred to in Article 3 no recognised specialist register exists, and this is necessary in connection with binding decisions of the European Community, or that it is desirable to promote the proper exercise of individual health care, may, in general, be Rules governing the provision of rules on the subject. Article 15 shall apply mutatis mutandis to a specialist register set up by those rules.


Article 17

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  • 1 The right to conduct a speciality title is reserved to those who are registered in the relevant approved specialist register.

  • 2 It is not the person who does not come under the first paragraph of the right to conduct a specialist title approved under this Law, prohibit the use of that title or a similar denomination.

  • 3 As far as the second paragraph, and Article 4, second paragraph , 34, fourth member , and 36a, third member, second sentence -prohibit the introduction of a title, that prohibition shall not apply in the case of a professional practitioner in application of Article 4f of Directive No 17 (2). 2005 /36/EC of the European Parliament and of the Council of the European Union of 7 September 2005 on the recognition of professional qualifications (PbEU 2005, L 255) by an organisation as referred to in Article 11 of the Treaty establishing the European Community Article 14, first paragraph , in part, a profession whose practitioner has the right to pursue a title, and that professional or profession carries on his professional work under the professional title of his State of origin or origin.

Chapter III. Provisions relating to professions

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Section 1. Professions covered by the system of registration and protection of professional rights

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§ 1. Doctors

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Article 18

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In order to be registered as a medical practitioner in the relevant register, it shall be required to hold a certificate of evidence that the person concerned satisfies the training requirements laid down by a general measure of management.


Article 19

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  • 1 In the area of expertise of the physician, the conduct of acts in the field of medicine shall be considered.

  • 2 In cases where a GP or a doctor employed in that capacity is employed by the Ministry of Defence, on the basis of the Pharmaceutical Act In order to provide medicinal products, it is appropriate to contribute to the area of its expertise.


§ 2 Dentists

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Article 20

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In order to be registered as a dentist in the relevant register, it shall be required to hold a certificate of evidence that the person concerned satisfies the training requirements laid down by a general measure of management.


Article 21

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In the area of expertise of the dentist is included in the conduct of acts in the field of dental art.


§ 3. Pharmacists

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Article 22

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In order to be registered as a pharmacist in the register concerned, the possession of a certificate attestation of compliance with the training requirements laid down by a general measure of management shall be required.


Article 23

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In the field of competence of the pharmacist, the preparation of medicinal products, the storage of medicinal products under the conditions prescribed by the state of scientific knowledge, the use of which is intended to be carried out in accordance with the conditions laid down by Article 1, first paragraph, point (ll) of the Pharmaceutical Act , giving advice to patients on whom medicines are put to their hands about their use, monitoring the use of medicines to be used in patients.


§ 4. Healthcare psychologists

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Article 24

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In order to be registered as a health care psychologist in the relevant register, it shall be required to hold a certificate of evidence that the person concerned satisfies the requirements of the general measure of management. training requirements.


Article 25

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In the area of expertise of the healthcare psychologist, the conduct of psychological research, the assessment of their results, and the application of the general scheme of directors to be referred to as a psychological assessment treatment methods with respect to a person with a view to his state of health.


§ 5. Psychotherapists

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Article 26

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  • 1 In order to be registered as a psychotherapist in the register, the possession of a certificate attesting that the person concerned complies with the training requirements laid down by a general measure of management shall be required.

  • 2 In the case of a general measure of management, a certificate as referred to in paragraph 1 may be treated as proof of a certificate of that kind as provided for in paragraph 1. Article 14 Other Article 16 the recognition as a specialist of an exercise designated by the measure in the exercise of an occupation covered by a register.


Article 27

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In the area of expertise of the psychotherapist, studies and the methods to be used by general management of directors influence the voting, behaviour and attitudes of a person with mental health. disorder, abnormation or complaint, in order to eliminate or reduce these.


§ 6. Physiotherapists

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Article 28

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In order to be registered as a physiotherapist in the relevant register, it shall be required to hold a certificate of evidence that the person concerned satisfies the training requirements laid down by a general measure of management.


Article 29

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  • 1 In the field of expertise of the physiotherapist, actions to be defined in the field of physiotherapy to be defined in the field of general management, as far as they are in the field of medicine, are included.

  • 2 The field of expertise of the physiotherapist shall include the provision of acts directly relating to a person and to promote or monitor his state of health, which shall correspond to the conditions laid down in the Annex. the transactions described under paragraph 1, but not in the field of medicine.


§ 7. Midwives

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Article 30

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In order to be registered as a midwife in the relevant register, it shall be required to hold a certificate certifying that the person concerned complies with the training requirements laid down by a general measure of management.


Article 31

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The field of midwifery competence shall be included in the performance of acts to be defined by a general measure of management in the field of obstarts and the provision of other measures to be defined in the measure. taking into account the restrictions on the measure, taking into account the limitations. In the case of, or under the measure, medicinal products or medical devices whose prescription, application shall apply to the competence area of the obstetric person and equipment may be designated the use of which belongs to the competence area of the obstetric person.


§ 8. Nurses

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Article 32

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In order to be registered as a nurse in the relevant register, the possession of a certificate certifying that the person concerned satisfies the training requirements laid down by a general measure of management shall be required to be registered as a nurse. as far as the diploma of a vocational training course is concerned, as provided for in the Law on education and vocational education , meets the requirements laid down by and pursuant to that law for the issue of that diploma.


Article 33

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Among the areas of expertise of the nursing care nurse, the following shall be considered:

  • (a) the conduct of operations in the field of observation, supervision, nursing and care;

  • (b) the conduct of acts in connection with the diagnostic and therapeutic activities of individual health care services as a result of the appeal of a professional person.


Section 2. Invoked to which the system of training stition applies

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Article 34

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  • 1 In the case of a general measure of management, the training of a profession designated by the measure may be regulated or designated in order to facilitate the proper exercise of individual health services.

  • 2 Where application is made to the first paragraph, the measure shall also define the area of expertise of persons who have completed the training scheduled or designated under the first paragraph. In the case of, or under the measure, medicinal products to be administered to the field of competence of persons who have completed the training provided for or designated under the first paragraph may be designated, and equipment may be required to designated for use in the field of competence of persons who have completed the training scheduled or designated under the first paragraph.

  • 3 To those who have completed the course of training scheduled or designated under the first paragraph, the right shall be reserved to pursue a title declared by a general measure of management.

  • 4 The person who does not have the right to carry out a title governed by the third paragraph shall be prohibited from using that title, a name equal to that title or a distinguishing sign relating to that title, with the application of Article 93 or, in particular, correspond ing to it.

Chapter IV. Reserved acts

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Article 35

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  • 1 It is the person who does not belong to the persons who, by virtue of or under the terms of the provisions of the Articles 36 to 37 prohibited outside the need for professional conduct to act, unless:

    • a. This is effected by a task of a person who derives its competence from the provisions of, or under the conditions of, the Articles 36 to 37 and

    • b. He may reasonably assume that he has the capability required for properly performing the command and service.

    • (c) he acted in accordance with the instructions given by the developer in so far as the client has given instructions.

  • 2 Having regard to the provisions of paragraph 1, the successful tenderer shall be empowered to perform the act referred to in paragraph 1.


Article 36

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  • 1 To perform surgery-including the term 'acts' in the field of medicine, which interferes with the consistency of the body tissues and does not restore them directly-are competent:

    • a. the doctors,

    • b. dentists,

    • c. The midwives,

    but the bottom B and C the persons referred to above, as far as they are concerned, referred to in the introductory part of this paragraph, which, in accordance with the conditions of application or Chapter III Some of them are included in their area of expertise.

  • 2 To the provision of obstetric acts, the following shall be competent:

    • a. the doctors,

    • (b) midwives, but only as far as they are concerned, in the chapeau of this paragraph, which are intended to be carried out in accordance with the provisions of Chapter III Some of them are included in their area of expertise.

  • 3 To perform endoscopies, the following shall be competent:

    the doctors.

  • 4 To conduct catheter clearances shall be:

    • a. the doctors,

    • (b) midwives, but only as far as they are concerned, in the chapeau of this paragraph, which are intended to be carried out in accordance with the provisions of Chapter III Some of them are included in their area of expertise.

  • 5 To indicate any injections, the following shall be authorised:

    • a. the doctors,

    • b. dentists,

    • c. The midwives,

    but the bottom B and C the persons referred to above, as far as they are concerned, referred to in the introductory part of this paragraph, which, in accordance with the conditions of application or Chapter III Some of them are included in their area of expertise.

  • 6 To provide puns shall be competent:

    • a. the doctors,

    • (b) midwives, but only as far as they are concerned, in the chapeau of this paragraph, which are intended to be carried out in accordance with the provisions of Chapter III Some of them are included in their area of expertise.

  • 7 To the anaesthetic, the following are competent:

    • a. the doctors,

    • (b) dentists, but only in so far as it relates to acts referred to in the first sentence of this paragraph, which, in accordance with Chapter III Some of them are included in their area of expertise.

  • In the field of individual health care, the use of radioactive substances or apparatus emitting ionizing radiation shall be empowered to perform:

    • a. the doctors,

    • b. dentists,

    but only in so far as they comply with the requirements of the Nuclear energy law ( Stb. (82) for the use of such substances and appliances and, in so far as it concerns dentists, only as far as they are concerned, in the chapeau of this paragraph, which, in accordance with the conditions laid down in Chapter III Some of them are included in their area of expertise.

  • To perform elective cardioversia are competent:

    the doctors.

  • 10 To the application of defibrillation the following shall be competent:

    the doctors.

  • In the application of electroconvulsive therapy, the following are competent:

    the doctors.

  • 12 To the amalsition of medical purposes, the following shall be competent:

    the doctors.

  • 13 To perform acts relating to human sex cells and embryos intended to produce a pregnancy otherwise than by natural means, shall be competent to:

    the doctors.

  • 14 To the prescription of UR medicines as intended Article 1, first paragraph, point (s) of the Pharmaceutical Act are competent:

    • a. the doctors;

    • b. dentists;

    • (c) midwives, but only as far as they are concerned, in the chapeau of this paragraph, which are intended to be carried out in accordance with the provisions of Chapter III be included in their area of expertise;

    • (d) nurses, who are members of a category to be referred to as a means of promoting the proper exercise of individual health care under ministerial arrangements, but only:

      • 1 °. to the extent that a professional practitioner referred to in points (a), (b) or (c) has been diagnosed with regard to the patient for whom the medicinal product is intended,

      • 2 °. to the extent that medical protocols and standards relating to the prescription of UR medicinal products are followed,

      • 3 °. within the limits to be laid down by the procedure, as to the scope of the jurisdiction referred to in the introductory sentence; and

      • 4 °. to the extent that a note has been entered in the Register.

  • 15 The persons referred to in the first to the fourteenth member shall have exclusive jurisdiction in the performance of the acts in question to the extent that they may reasonably assume that they have the qualifications required for the purposes of the proceedings; proper conduct of those operations. The persons named in the first sentence to the 14th paragraph, who do not comply with the provisions of the first sentence, shall be used for the purposes of applying the provisions of the Article 35, first paragraph, point (a) , 38 and 39 be identified as persons who have jurisdiction in the provisions laid down in this Article.

  • 16 The draft ministerial arrangement, referred to in the 14th paragraph (d), shall not take effect earlier than four weeks after the draft has been submitted to both Chambers of the States-General.


Article 36a

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  • 1 By way of derogation from the general measure of administration, Article 36 of this law and of Article 1, first paragraph, paragraph p. of the Pharmaceutical Act by way of experiment, a category of professionals as defined in the measure for a maximum period of five years, working in the field of individual health care and having a good effect on the individual health care sector, shall be determined as a measure of the measure. (i) a measure identified as having been completed with regard to the reserved measure which has been designated shall be designated as having the power to perform acts designated in that measure.

  • 3 In the case of the measure, the category of professionals defined in paragraph 1 may be granted, during the period referred to in that paragraph, the right of a title to be given in the measure. During this period it shall be prohibited to apply this title or a similar name to others.

  • 5 With a recipe as intended Article 1, first paragraph, paragraph p. of the Pharmaceutical Act For the purposes of this Article, a document drawn up by a professional person designated by name and work address, belonging to the category of professionals defined in the measure under the provisions of the Member State concerned, shall be treated in the same way as that of the Member State concerned. is competent to prescribe UR medicinal products as referred to in Article 1, first paragraph, part s, of the Medicines Act, and in which to a person as intended Article 61, first paragraph, part a or b of the Pharmaceutical Act , a prescription is given to put a drug labeled with its dust name or brand name in the indicated amount, strength and manner of use to an identifiable patient and signed by the relevant patient. professional or, without being signed with such a code, a secure code of such a kind as to enable an appropriate person or body to establish the authenticity of such a code.

  • 6 Article 47 shall apply mutatis mutandis to the category of professionals as defined in the measure as regards the provision of the designated acts referred to in the first paragraph, subject to the condition that such professionals only have the measures referred to in Article 48 (1), first paragraph, points (a) to (c) , apply.

  • 7 The nomination for a general measure of directors to be adopted under paragraph 1 shall not be made earlier than four weeks after the draft has been submitted to both Chambers of the States General.

  • 8 If before the expiry of the period referred to in the first paragraph, a proposal of a law amending the provisions of Article 36 within the meaning of the general measure of management referred to in paragraph 1, shall be submitted to the Second Chamber of the States-General, the period referred to in the first paragraph shall be extended, subject to a maximum of five years, and shall cease to apply to

    • a. the moment of entry into force of the proposed amending law, or

    • (b) the moment when the proposed amending law is repealed or rejected by one of the Chambers of the States-General.


Article 37

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  • 1 In the case of a general measure of administration, rules may be Article 36 shall be made in respect of actions defined in the measure in the field of individual health care, not falling within that Article.

  • 2 In the case of a general measure of management, it may also cover transactions covered by the measure. Article 36 , to be amended in respect of the Article 36 the conferation of powers, as well as the provision of the Articles 35 and 36 the actions described in the measure are no longer valid.

  • 3 If not within six months of the entry into force of a general measure of administration as referred to in the first or second paragraphs of the Second Chamber of the States-General a draft law has been submitted for amendment of Article 36 in accordance with that measure, and where such proposal is withdrawn or rejected, the measure shall be withdrawn without delay.


Article 38

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It is the person who has the power to carry out an aid to or under the Articles 36 to 37 Member of the Committee on the European Parliament and the Committee on the European Parliament and the European Parliament and of the Council on the basis of Article 3 (2) of the EC Treaty, to issue a prohibition

  • a. indications of the conduct of the act and supervision by the contraaing authority to perform the act and the possibility of intervention of a person shall be given in cases where this is reasonably necessary. adequately insured and

  • (b) he may reasonably assume that the person to whom the contract is given may take into account: A certain, shall have the capability required for the proper conduct of the act.


Article 39

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  • 1 In the case of a proper exercise of individual health care, a general measure of management shall stipulate that the field of competence of persons belonging to one of the categories referred to in paragraph 2 shall be regarded as falling within the scope of the general measure. To carry out the categories of transactions designated by the measure, belonging to the relevant categories of transactions Articles 36 and 37 defined categories of transactions, without supervision by the developer and without his intervention.

  • 2 As a result of the first paragraph, the following categories of persons may be designated:

    • Categories of persons who are registered in a register designated by the first member of the Board of Management;

    • b. Categories of persons covered by a Article 34, first paragraph , have completed regular or designated training;

    • c. Categories of persons belonging to the under A or B Categories of persons referred to.

Chapter V. Quality of occupation

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Article 40

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General management measures may, where necessary, prove necessary to promote the proper exercise of individual health care, for those in a register referred to in Article 3 are registered or are pursuing an appeal which is subject to the training of Article 34, first paragraph , regulated or designated, rules shall be laid down in order to:

  • (a) an obligation in the case of cases of a treatment given by them to an inspector of public health designated by the measure in accordance with rules laid down in the measure;

  • (b) an obligation to indicate the particulars of the measure in respect of the prescription, as specified in the Article 1, first paragraph, point (p) of the Medicinal Products Act ;

  • (c) a prohibition on entering into a contract that provides their special advantages with categories of persons designated by the measure.


Article 40a [ Expat per 01-01-2016]

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Chapter VI. Foreign graduates

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§ 1. Professions covered by the system of registration and protection of professional rights

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Article 41

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  • 1 By way of derogation from the Article 6 (a) , be certain to a person who does not comply with the training received on the part of the person concerned. Chapter III in the case of registration in a register, registration in the register not refused:

    • a. If he has obtained a certificate designated by Our Minister abroad that holds evidence of an acquired competence which may be considered equivalent to the professional competence which has been declared by the Minister for the qualification of requirements may be derived;

    • (b) If, in the light of a certificate obtained by the person concerned and in the course of professional experience and training received by the person concerned, Our Minister has issued an attestation to him on the application of his or her registration in respect of his the register for the competence of his/her professional competence is not a reservation;

    • (c) if he is in possession of a recognition of professional qualifications or has been granted partial access to the profession in question in respect of the profession in question, if he is in possession of a professional qualification General law on recognition of EU professional qualifications .

  • 2 The Minister may, in respect of a certificate designated by him under paragraph 1 (a), make the application of that provision to interested parties subject to the nationality of the persons concerned, provided that: that provision, in respect of a certificate of a Member State of the European Economic Community and of another Contracting State, shall apply, in each case, to nationals of the Member States of that Member State of that State. Community.

  • 3 When issuing a declaration as referred to in point (b) of the first paragraph, our Minister may specify:

    • (a) that the registration made in relation to that declaration will be reached in the register at a time specified in the declaration;

    • (b) that the person concerned, registered in the register, shall be entitled to exercise his profession only in accordance with the restrictions laid down in the declaration.

  • 4 Except in special cases, a declaration may be issued without application of the third paragraph only if the certificate obtained by the person concerned abroad may, in the opinion of Our Minister, be regarded as proof of acquired professional competence which has the equivalence referred to in point (a) of the first paragraph.

  • 5. Our Minister proposes, for each appropriate appeal, a committee of experts, whose task is to advise him on his or her own motion of opinion on the application of this article and on the granting of such an opinion. of a recognition of professional qualifications referred to in the General law on recognition of EU professional qualifications . In the case of a general measure of management, the composition, task and operation of the committee shall be regulated. In the case of a general measure of administration, rules may be laid down for the purpose of making a knowledge and a certificate of knowledge and of the rate to be charged for that purpose.

  • 7 Of a decision pursuant to paragraph (a) or (b), second paragraph, notification shall be made in the Official Gazette .


Article 42

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  • 1 In the case of a general measure of management, rules shall be laid down, determining:

    • a. any information or documents in the application for a declaration as referred to in Article 3 (1) Article 41, first paragraph, point (b) , must be provided or presented to our Minister and the manner in which its submission should be made;

    • b. which supporting documents relating to the applicability of Article 41 shall be submitted to our Minister to the application for registration in the Register with the application of that Article.

  • 2 Without prejudice to: Article 7 determined, in cases where application was given to Article 41, third paragraph, point (a) , the registration of the person concerned was reached at the relevant time. An application of Article 41 The entry into force shall also be achieved where the person concerned has become, or has been known, the circumstances referred to in Article 7 (e).

  • 3 Upon registration of a person in the register with application of Article 41 shall be entered in the register in a corresponding note, where, in the event of our Minister having applied to the third paragraph of that Article, it shall also be defined as it is defined.

  • 4 The establishment of an invitation to tender in respect of which application was made to Article 41, third paragraph , information shall be determined in accordance with general measures of management, specifying what was to be determined in this respect. A notification shall also be made in respect of a tender procedure carried out pursuant to paragraph 2 of this Article in accordance with a general measure of management. The name and place of residence of the person concerned shall be entered in the notifications provided for in this paragraph.

  • 5 Without Prejudice To Article 12, second paragraph Where the attached Member is concerned, any person who so requests shall be notified of or registered in the Register for the purposes of applying Article 41 has arrived, with a description of what has been determined in respect of the registration so established, to the third paragraph of that article.


Article 43

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  • 1 In respect of a national of a Member State of the European Economic Community or of another Contracting State, other than the Netherlands, in one of the Member States of that Community, or in one of the other Contracting States is established as a practitioner of Article 3 The appeal and the conditions laid down in paragraph 2 shall remain outside the scope of the services which it grants to a person in the exercise of that profession:

    • a. In Article 4, second paragraph -prohibition, in so far as it relates to the title of which it is reserved to those who are registered in the register in question;

    • b. In Article 35, first paragraph , prohibited, as far as operations are concerned, to which the persons referred to in point (a) are competent.

  • 2 The conditions referred to in paragraph 1 shall be as follows:

    • (a) the person concerned must have obtained, in one of the Member States or in one of the other Contracting States, a certificate of competence for the exercise of his/her profession, which shall be Article 41, first paragraph, point (a) , is designated;

    • b. in respect of which no measure is as intended Article 6, part e , in force, and in so far as his rights in the exercise of his profession in the Member State are, among other things, a Contracting State in which he is established, is limited on the basis of a judicial authority in that State, a decision by law, regulation or administrative action; it shall comply with the limits of jurisdiction imposed in that country;

    • (c) The person concerned shall have reported to Our Minister that he provides services in the Netherlands as a practitioner of the profession concerned and must have submitted the following documents:

      • 1 °. Exhibit not more than 12 months of age, showing that he is lawfully engaged in the work in question in the Member State of the other Contracting State in which he is established;

      • 2 °. a certificate of proof that he has obtained the certificate referred to in point (a);

      • 3 °. a proof of the nationality of the person concerned.

  • 3 The obligation to produce documents referred to in paragraph 2 (c) shall not apply if, for the benefit of the person concerned, a professional card has been issued by Our Minister as a practitioner of the profession in question.

  • 4 In the case of a provision of services in the Netherlands, where the first paragraph applies, the person concerned shall, if the persons referred to in that paragraph, referred to in point (a), are subject to disciplinary action in accordance with that law, in respect of carried out by him in the context of that provision of services, also subject to such caselaw.


Article 44

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  • 1 For the application of the Articles 41, first paragraph, point (a) and (second) , and 43, second paragraph, point (a) -a national of a Member State of the European Economic Community shall be another Contracting State in possession of a certificate of one of the Member States of that Member State designated under the provisions of that provision. another Contracting State shall, on the other, be the national of a Member State as another Contracting State, which shall, before a date to be determined by Our Minister, the exercise of his profession in relation to another certificate of a Member States have acquired another Contracting State if, according to a declaration issued by one of the Member States on another Contracting State, he/she has obtained his appeal in the course of a declaration which Minister indicated at the time of issue of that declaration, at least during a continuous period marked by our Minister, he exercised effectively and lawfully.

  • The Minister may provide that the first paragraph shall apply mutatis mutandis in respect of a national of a Member State of the European Economic Community or of another Contracting State, who shall be a member of that State He has obtained a certificate from one of the Member States or from another of the other Contracting State to the conclusion of a training relating to a profession designated by Our Minister, which is before the has been started and has been completed by the date set under the previous paragraph.

  • 3 The dates, periods and periods to be determined pursuant to the first paragraph may be different for the various categories of cases.


§ 2. Invoked to which the system of training stition applies

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Article 45

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  • 1 Regarding the persons

    • (a) having obtained a certificate designated by Our Minister abroad as proof of professional competence which may be regarded as equivalent to the professional competence which has been fulfilled by the person concerned. Under Article 34, first paragraph , the said requirements may be derived,

    • (b) to whom Our Minister, having regard to a certificate of professional experience acquired by the person concerned and in the course of professional experience and training in addition, issued an attestation on an application, bearing in mind that their professional qualifications be considered equivalent or substantially equivalent to the professional competence which is out of compliance with the relevant under Article 34, first paragraph , the conditions set may be derived, or

    • (c) to whom Our Minister, in respect of the profession in question, has a recognition of professional qualifications or partial access to the profession in question as referred to in the General law on recognition of EU professional qualifications has been granted,

    keeps it in Article 34, fourth paragraph -prohibition, in so far as it concerns the title of which, under paragraph 3 of that article, the conduct is reserved to those who comply with the relevant provisions of the Article 34, first paragraph , asked requirements, outside application.

  • 2 The first paragraph shall not apply to the extent to which a measure, based on a judicial, disciplinary, administrative or administrative decision taken abroad by the person concerned, is in force on the basis of which he/she is entitled to his rights has lost, in whole or in part, either temporarily or permanently in respect of the exercise of the profession in question in the country where the decision is given.

  • 4 For the application of Article 96, third paragraph , shall be the one that satisfies the requirements of Article 34, first paragraph The person holding a certificate designated under paragraph 1 (a), or to whom a certificate as referred to in point (b) of the first paragraph has been issued, shall be deemed to be the same person.


§ 3. General provision

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Article 46

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Further to the implementation of the Directives of the European Economic Community and the Agreement on the European Economic Area and of the Agreement concluded in Luxembourg on 21 June 1999 between the European Economic Community and the European Economic Community, The Community and its Member States, of the one part, and the Swiss Confederation, of the other part, on the free movement of persons (Trb. In the case of professions in the field of the individual health care system, it is necessary to provide for the provision of a system of professional and social security.

Chapter VII. Case-law

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§ 1. General

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Article 47

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  • 1 The person entered in a register in one of the qualities referred to in paragraph 2 shall be subject to disciplinary action in respect of:

    • (a) any act or omission contrary to the care which he/she shall be considered to be in that capacity in relation to:

      • 1 °. the person, in the case of whose state of health he grants assistance or of his assistance;

      • 2. the person who, in need of emergency, needs assistance in respect of his state of health;

      • 3 °. the close relations of the persons referred to in 1 ° and 2 °;

    • b. Any other than under A intended to act or fail to act in that capacity contrary to the interests of the proper exercise of individual health care.

  • 2 The qualities referred to in paragraph 1 shall be those of:

    doctor,

    dentists,

    pharmacist,

    healthcare psychologist,

    psychotherapist,

    physiotherapist,

    Midwife,

    nurse.

  • 3 The disciplinary caselaw shall be exercised at first instance by regional colleges and appeals by a central disciplinary body.

  • 4 In the case of suspension or cancellation of an entry in the register, the person concerned shall remain subject to disciplinary law in respect of any act or omission referred to in the first paragraph for the time when he was registered.


§ 2. Tuchtmeasures

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Article 48

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  • 1 The College of Justice may, in respect of a person subject to disciplinary action, impose one of the following disciplinary measures:

    • a. Warning;

    • b. Berisping;

    • a fine of € 4 500 not more than € 4 500;

    • (d) suspension of registration in the register for a period not exceeding one year;

    • e. partial denial of competence in the register to exercise the profession in question;

    • f. deletion of the registration in the register.

  • 2 The measures referred to in the first paragraph, C and Ed , may also be imposed jointly and then apply for the purposes of the chapeau of the first paragraph and of Article 69, second paragraph , as a single measure.

  • 3 In cases where the trial takes place with application of Article 47, fourth paragraph , may, instead of under the provisions of paragraph 1 (b) of this Article, be f. , as a measure, a denial of the right to be entered in the register was imposed as a measure.

  • 4 Fines are imposed for the benefit of the State. Two or more time limits may be fixed when imposing a fine, in which it must be satisfied.

  • 5 The measures of suspension and removal of registration in the register shall be implemented on the grounds of our Minister.

  • 6 Suspension of registration in the register may be conditionally imposed and shall not be implemented unless the college that imposed the measure has ordered it on the ground that the person concerned has, within one of those instruments to be placed, ordered to be placed on the ground. have not been subject to probation for a period not exceeding two years.

  • 7 A measure as referred to in the first paragraph, c, d or f. , it cannot be implemented as long as the decision under which he is imposed has not become irrevocable. A measure such as that in that paragraph, P. In the third paragraph, the decision shall first be irrevocable unless the college, if the interest of the protection of the individual health care so progressates, has its decision. provided that he becomes effective immediately. Where the sixth paragraph is applied, the probationary period referred to in that paragraph shall not be irrevocably taken into account when the decision in question is irrevocable.

  • 8 When imposing the measure of cancellation of the registration, the College may also, where the importance of the protection of individual health care so require, on a provisional basis, suspension of the registration the imposition. This provision shall be effective and shall be implemented without delay because of our Minister; the invitation to tender shall remain suspended until the decision to Register the registration has become irrevocable or has been quashed in the appeal.

  • 9 A measure or a provisional provision to be suspended shall be implemented by placing an endorsement of the adjournation in the register in accordance with the provisions of the Article 9 .


Article 49

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  • 1 The person to whom a fine as referred to in Article 48, first paragraph, point (c) , was imposed, by a letter to be appointed by our Minister to be appointed by an official to be appointed by the Minister, inviting the fine to be paid within the time limit laid down or in accordance with the time limits set.

  • 2 If the debtor fails to pay within the prescribed period, the official shall notify him in writing to pay the notice of formal notice within 10 days of the date of the notice of formal notice.

  • 3 If, after the notice of formal notice, the debtor is in default, the recovery of the fine and the costs of incursion may be made in the case of a compulsory order to be issued by the official.

  • 5 As long as the receiver is charged with the care of recovery, he may make a claim on the basis of Article 19 of the Act of Invorting as well as netting under Article 24 of that Act.

  • 6 The recipient may, as long as he is charged with the care of recovery under conditions to be set by him, grant a deferral payment to a debtor for a specified period of time. During the period of delay, the enforcement shall be suspended. It may be terminated in writing in the intervening period.

  • 7 With respect to the resistance to the implementation of a warrant Article 17 of the Act of Invorting mutatis mutandis, except that in that article for "the recipient who issued the warrant" must be read all the time: the receiver responsible for the enforcement of the order of order.


Article 50

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  • 1 In cases where one of the Article 48, first paragraph, point P. and f. , and third Member Where special circumstances so permit, a royal decree may establish that the person concerned shall be restored to his or her capacity to be deprived of his or her capacity to be deprived of his or her capacity to be deprived of his or her capacity to be deprived of his or her capacity to be deprived of his or her capacity. If the ground for refusal is present, it will again be possible to register in the register.

  • 2 In a decision under paragraph 1, conditions may be laid down, whether or not with a limitation to a period of probation to be determined by that decision, by taking into account the person concerned, who is registered in the register. If it is found that the person concerned has been guilty of non-compliance with a condition laid down, it may be determined by Royal Decree, under the revocation of that decision, that the measure imposed shall be reinstated. A decision pursuant to paragraph 1, which grants the person concerned the right to be entered in the register again, may also provide that such duty shall first enter into force as soon as the person concerned has completed the special conditions to be fulfilled, in accordance with the conditions laid down in Article 2 (1) of the that decision has been defined, will have fulfilled it.

  • 3 The proposal for a decision under the first or second paragraph, second sentence, shall be made by Our Ministers. Before such a proposal is made, our Minister shall obtain the opinion of the disciplinary college which has imposed the measure.


Article 51

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No one can be tried again as a result of the provisions of this Chapter in respect of any Article 47, first paragraph , intended to act or to act in respect of which an irrevocable disciplinary final decision has been taken in respect of which the final decision has been taken.


Article 52

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Revision of an irrevocable disciplinary final decision in which a final decision was taken Article 48, first or third member If the measure described was imposed, it is possible if, subsequently, circumstances have been found to have led to a different decision, if they had become known in good time. Detailed rules shall be laid down in the case of a general measure of administration. The revision will not lead to a change in what had previously been decided, to the detriment of the person concerned.


§ 3. The Disciplinary Colleges

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Article 53

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  • 1 In the case of a general measure of management, the country is divided into areas, each of which shall constitute the establishment of a regional disciplinary college. The measure shall also designate the place of establishment within its territory for each of the regional tuchtColleges.

  • 2 The central disciplinary college is located in The Hague.


Article 54

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  • 1 Competent to deal with a case at first instance is the regional disciplinary college within whose jurisdiction the person to be brought is domicile.

  • Where regional disciplinary college is competent in cases where the person concerned does not have a known place of residence here, it shall be determined by a general measure of management.


Article 55

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  • 1 A regional disciplinary college shall have two legal members, one of whom shall also be chairman, and, for each of the members of Article 47, second paragraph The following categories of persons subject to disciplinary action, three members of the professional body. In addition to each of the categories referred to in the first sentence, members of the College shall take part in the College of Members of the College of Members of the College of Members of the College.

  • 2 The President, the other member of the law, and the three members of the profession, shall take part in the treatment of a case, appointed for the category to which the person complaining of complaints belongs, one and the other place replacement. By way of derogation from the first sentence, the President may provide that the President and two members of his professional opinion must take part in the treatment of a case to which he/she is suitable for that purpose. the person complaining about who has been complained of, one and the other with the possibility of place replacement. If, in the judgment of one of these members, the case is unsuitable for treatment in accordance with the second sentence, the treatment shall continue to apply from the first sentence.

  • 4 The other members and alternate members shall be appointed by royal decree on a proposal from Our Minister for the term of six years. They shall be renewable. They shall be granted interim dismissal by Royal Decree. In any event, they are hereby granted discharge of the age of seventy-six. Article 48, first paragraph, of the Law on the Judiciary shall apply mutatis mutandis to the persons referred to in the first sentence, in so far as they are legal scholars. The members-professional and alternate members-professional members shall be appointed from persons registered in the register concerned.

  • 5 The College shall have a Secretary and one or more Deputy Secretaries, all legal scholars. They shall be appointed, suspended and dismissed by Royal Decree on the proposal of Our Ministers.


Article 56

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  • 1 The central college consists of three legal members, one of whom is also President, and, for each of the members of the Committee of the European Parliament, Article 47, second paragraph The following categories of persons subject to disciplinary action, two members of the professional body. In addition to each of the categories referred to in the first sentence, members of the College shall take part in the College of Members of the College of Members of the College of Members of the College.

  • 2 The President, the two other members of the law and the two members of the profession, have been appointed for the category of the category to which the person complained of is one, one and the other with the possibility of being able to take part in the proceedings. of place replacement.


Article 57

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  • 1 The President of a disciplinary committee may, in respect of two or more interrelated matters, determine that they shall be dealt with jointly by the College at the hearing.

  • 3 In the case of complaints concerning a medical practitioner in respect of the practice of the exercise of medical education, at least one of the places in the disciplinary committee shall be at least one of the places where the doctor is responsible for the exercise of his Article 55, second paragraph , below Article 56, second paragraph , assigned to members-professional, met by a member of the professional or an alternate member of the professional body, who, on the basis of Article 61, 10th or 11th member, of the Medicines Act may also be responsible for the use of medicinal products.


Article 58 [ Exchanges per 03-11-1995]

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Article 59

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  • 2 An unirrevocable decision to impose on one of the in Article 48, first paragraph, points (e) and (f) , where it has been granted subject to the application of the second sentence of the seventh paragraph of that paragraph or of the third paragraph of that paragraph, to a member of the professional or of a member of the Member State of a Member State of a Member State who is a member of the Council of Member of the Committee on Regional Policy, or of the Central Board of Governors, the result of which is that he has been suspended from that College by law.

  • 3 An unirrevocable decision to impose on one of the in Article 80, first paragraph Where it has been given under the third paragraph of that paragraph or in paragraph 5 of that article, the measures referred to have been granted to a member of the Member State, or to a member of the Regional Committee, of a regional disciplinary college, or of the Central College of Governors, to the effect that he has been suspended from that College by law.


Article 60

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It in the Articles 46c, second and third members , 46d, second member , 46f , 46i , with the exception of paragraph 1 (c), 46j , 46l, first paragraph, introductory wording and parts a and c, and third member , 46m , 46o and 46p of the Law on Civil Law shall apply mutatis mutandis to members and alternate members of the regional disciplinary colleges and to the central disciplinary committee, except that the members of the regional disciplinary committee shall be subject to the conditions laid down in this Article. Fifth paragraph of Article 46p This communication is also to be addressed to our Minister.

The Articles 13a , 13b, except for the first paragraph, parts b and c, and fourth member , and 13c to 13g of the Law of the Judiciary shall be applicable, mutatis mutandis, to conduct of such members and alternate members, subject to the following:

  • (a) for the corresponding application of those articles under the term "the judicial authority concerned", the chairman of the regional disciplinary committee shall be the chairman of the central disciplinary committee; and

  • b. The Attorney General is not obligated to the request, intended in Article 13a , to be complied with, if the applicant is reasonably insufficiently interested in an investigation as referred to in that Article.


Article 61

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The members, alternate members, secretaries and deputy secretaries of the disciplinary colleges shall be prohibited from leaving, in any case of maintenance, of a case pending before the college or which is to be known or to be suspected. to adopt any special information or writing on this matter.


Article 62

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  • 1 The members, alternates, secretaries and alternate secretaries of the disciplinary colleges shall receive a payment, as well as reimbursement of travel and subsistence expenses and of further surpluses, in accordance with the conditions of Minister to set rules.

  • 2 In the cases eligible for this purpose, by way of derogation from paragraph 1, Royal Decree may, by way of derogation from paragraph 1, apply to the President, another Member or alternate member Article 66, first paragraph, second sentence , preliminary investigations, or the secretary of a disciplinary college, shall be paid at a rate to be determined by that decision. In that case, the person concerned shall also enjoy a temporary allowance for children, a holiday allowance, a medical expense, a reimbursement of travel and subsistence expenses, a reimbursement of travel expenses, and a savings premium, in accordance with the provisions which are or will be fixed for civil service officials in the Ministries.


Article 63

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A member of a disciplinary college, meeting in that college for the treatment of a case, can and may be exchanged if there are any facts or circumstances on which to do so would harm the judicial impartiality. can suffer. The Articles 512 to 524 of the Code of Criminal Procedure shall be applicable mutatis mutandis.


Article 64

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  • 1 The central disciplinary committee shall be responsible for the delay in the treatment of cases by the regional disciplinary bodies.

  • 2 The central college may produce the documents relating to a case pending at a regional disciplinary college and may set a time limit within which the regional disciplinary committee shall examine the preliminary examination or the examination of the case. the hearing should close.

  • If the regional disciplinary body does not comply with it, the central court may transfer the matter to another regional disciplinary college.


§ 4. Procedure at first instance

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Article 65

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  • 1 A case shall be brought before the competent regional disciplinary college at first instance by a written complaint of:

    • a. a directly interested party;

    • (b) The person complaining to the person complaining about who has been given a contract;

    • c. The person or the administration of an institution in which the person complained of is registered or for the provision of individual health care;

    • d. the Chief Inspector or the Regional Inspector of the State Supervision of Public Health, who concerns the matter under the interests entrusted to him.

  • The content of the complaint must comply with the requirements of the general management measure.

  • 3 The person who carries out the preliminary investigation may, on hearing the complainant and the person complaining about it, carry out an amicable solution if the case is appropriate to the complainant.

  • 4 If an amicable solution proves possible, it shall be drawn up in writing and signed by the complainant and the person complaining about who has been complaining. By means of an amicable solution thus established, the complainant is to be aware of his complaint.

  • 5 The jurisdiction of the filing of the complainant shall expire by limitation period in ten years. The period of limitation period shall begin on the day following that on which the act or omission concerned has been taken.

  • 6 If, in its judgment, the matter is not deferred by the disciplinary committee without major prejudice to the interests of protecting individual health care, the disciplinary committee shall request that the decision be taken to Ed The inspector referred to above, the disciplinary court must deal with the matter as a matter of urgency.

  • 7 After a complaint is lodged, the President of the college shall send a copy to the person complaining about it.

  • 8 The Chief Inspector or the Regional Inspector is required to provide the complainant with the information requested by the officials of the Ministry of Public Prosecution in respect of the complaints he has submitted. The chief inspector or the regional inspector may also inform the officials referred to in the first sentence of their own movement in this matter.

  • 9 The complainant and the person complaining about who has been complained of may be represented by an agent and have been assisted by a counsellor. The authorised representative shall, on request, demonstrate his power by the submission of a written power of attorney. Lawyers acting acting as agents shall not be subject to such presentation. The president of the regional disciplinary college may refuse to admit a person who is not a lawyer acting as agent or as a counsellor if there are clear indications that the admission of that person is a proper exercise. The caselaw will be impeded. The President shall give a written statement of reasons of refusal of refusal.

  • 10 In the event of revocation of the complaint, the treatment thereof shall cease, unless the person complained of has stated in writing to require continuation of the treatment, the disciplinary college has decided that the treatment of the complaint On the grounds of the general interest, it is necessary to continue whether the disciplinary college has already completed the examination of the case at the hearing.

  • 11 If the person complaining about who is complained of dies, the treatment of the complaint is suspended.


Article 66

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  • 1 After dispatch of the copy of the copy, Article 65, seventh paragraph , the Chairman of the Regional College of Disciplinary Proceedings orders a preliminary examination. The chairman shall carry out the preliminary examination of one or more members or alternate members, or to the secretary or deputy secretary of the regional disciplinary college.

  • 2 The preliminary examination may extend to facts and circumstances other than those mentioned in the lamition. The person who has been appointed by the President on the basis of the first paragraph to carry out the preliminary examination shall give the complainant and the person complaining of complaints on the occasion of his hearing. He may hear the chief inspector or regional inspector concerned as well as witnesses and experts; witnesses and experts shall be Article 68 applicable mutatis mutandis, except that the summons, the request for summons and the oath or promise shall be made by the person carrying out the preliminary examination.

  • 3 In carrying out the task entrusted to it under the first and second paragraphs, the person responsible for conducting the preliminary examination shall be accompanied by the persons designated by him, in order to carry out an examination of which it is considered necessary by him to carry out the relevant on the spot. If, during such an investigation, the order is disturbed or the order of his/her opposition is offered, the person carrying out the preliminary examination may call for the aid of the strong arm. The President of the regional disciplinary committee shall be authorised to act as Article 2 of the General Act on entering to be given.

  • 4 If during the preliminary investigation, it is found that the complaint comes from a non-competent complaint that the complainant does not comply with the complaint Article 65, second paragraph If the complaint is manifestly unfounded or that the complaint is of insufficient weight, the College may, on a proposal from the person who carried out the preliminary examination, give a final decision, without further investigation, in the Court of Appeal, which shall be first and second case to be dismissed as inadmissible by the complainant and, in the third and fourth cases, to reject the complaint. The final decision shall state the reasons on which it is based and shall be in writing.

  • 5 If no application is given to the fourth paragraph, the preliminary examination shall be closed with reference to a hearing.

  • 6 During the examination of a case at the hearing, the regional disciplinary college may, at the time of the preliminary examination, carry out an additional inquiry into the proceedings. The second and third paragraphs shall apply mutatis mutandis. The additional investigation is closed by referring the case back to a hearing.

  • 7 A member, or an alternate member of the disciplinary college, which, pursuant to the second sentence of the first paragraph, has conducted a preliminary examination in a case, shall not take part in the proceedings of that case at the hearing, under penalty of nullity.


Article 67

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  • 1 The complainant and the person complaining of complaints shall be given the opportunity to attend the proceedings of the case at the hearing and be heard during the course of the proceedings.

  • 2 The complainant and the person complaining of complaints shall be informed of the procedural documents for a period of at least six days. The last day of the period mentioned in the first sentence shall be at least eight days before the beginning of the examination at the hearing.

  • 3 If this is necessary in the interests of protecting the privacy of third parties, the President of the disciplinary board shall decide that the knowledge of certain procedural documents or parts thereof shall not be permitted to the complainant. personally, but only to an authorised representative, who is a doctor or a lawyer, or obtained special consent from the chairman.


Article 68

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  • 1 The regional disciplinary committee can call and hear witnesses and experts at the hearing. Any person who has been summoned as a witness or expert shall be obliged to act on the summons.

  • 2 The complainant and the person complaining about who has been complaining can invite witnesses and experts to attend at the hearing or to appeal to bailier's exploit; in the case of summons, the same obligations as for witnesses and experts are subject to summons by the complainant. the disciplinary college.

  • If a witness or expert does not appear on the summons, the D.A. shall, at the request of the College, summons him, at the request of the order for joint presentation. Article 556 of the Code of Criminal Procedure ( Stb. 1925, 343), the second sentence of the first paragraph and the second sentence of the fourth paragraph shall apply mutatis mutandis.

  • 4 The President of the College shall take the oath or promise to the witnesses that they shall say the whole truth and nothing but the truth. Witnesses and experts shall be obliged to reply to the questions put to them, on the other hand, to provide the services which they have advanced. The experts shall be obliged to perform their duties impartially and at the best of their duties.

  • 6 Witnesses and experts, summoned by the disciplinary college, shall, on the basis of their summons or summons, receive compensation from the President of the college in accordance with the conditions of his/her application. The Law Registry on Civil Matters ( Stb. 1843, 41) The President shall pay mutatis mutandis the compensation to witnesses and experts, summoned or invited under paragraph 2, to be charged to the person whom they have been summoned or invited to. Bailiffs received for the work performed under the second paragraph, from their client a fee in accordance with the provisions of the rate of justice costs and salaries in civil matters.


Article 69

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  • 1 Within two months of the conclusion of the examination at the hearing, the final decision of the regional disciplinary committee shall be delivered.

  • 2 A decision referred to in paragraph 1 shall either seek to declare inadmissible the complainant, either to dismiss the complaint or to impose one of the proceedings in question. Article 48, first and third paragraphs , defined measures.

  • 3 The decision shall state the reasons on which it is based and shall be in writing.


Article 70

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  • 1 The regional disciplinary college addresses the matter in a public hearing. However, the College may provide for important reasons that the treatment will be wholly or partially closed.

  • 2 A decision, stretching to the imposition of one of the Article 48, first and third paragraphs , as defined, measures shall be taken in public. The Court may, on grounds relating to the general interest of the College, provide for a decision of an extent other than that specified in the first sentence, except that such decision shall be made in such a way that it is open to the public at its level. where the case is publicly stated if the case is dealt with in a public hearing.

  • 3 In the public judgment of a decision, the name, pronouns, capacity and place of residence of the patient involved in the case shall be omitted from the complainant and the witnesses.

  • 4 Time and place of a public hearing or public pronunciation shall be disclosed in accordance with rules to be made on a general measure of administration.


Article 71

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The regional disciplinary college may, on grounds relating to the general interest, provide that its final decision is wholly or partially in the Official Gazette shall be published and communicated to periodicals designated by it for publication, giving notice of the names, names and places of residence of the persons mentioned in the decision and of the names, names and addresses of such periodicals and of the names, names and places of residence of the persons referred to in the decision and of the names any other information that contains an indication of such persons.


Article 72

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  • 1 The final decision of the regional disciplinary committee shall, within one week following its ruling, be forwarded to:

    • a. the complainant;

    • b. the person complaining about who has been complaining;

    • c. the Chief Inspector and the Regional Inspector of the State Supervision on Public Health, who concerns the matter in the interests of their entrusted interests;

    • d. The Secretary of the Central College of Disciplinary Proceedings;

    • e. Our Minister of Defence, in case the decision relates to a person who is military.


§ 5. Proceedings under appeal

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Article 73

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  • 1 The final decision of the regional disciplinary committee may, within six weeks from the date of dispatch of the copy of that decision to the Central Board of Appeal, be brought before the Court by:

    • (a) the complainant, in so far as his complaint has been rejected, or to the extent that he has been declared inadmissible;

    • b. the person complaining about who has been complaining;

    • c. the Article 65, first paragraph, point (d) This is the chief inspector and regional inspector.

  • 2 The appeal shall be filed in writing. The content of the appeal must comply with the requirements of general management of the profession.

  • 3 Where the notice of appeal has been lodged after the expiry of the period referred to in paragraph 1, the declaration of inadmissibility shall be omitted on that account if the applicant demonstrates that he has brought the action as soon as reasonably practicable. could be required.

  • 4 The Court of Appeal may dismiss the application of the action as inadmissible, dismiss the application or declare the action well founded.

  • 5 If the central disciplinary body declares the appeal, or where the appeal is based on grounds other than the grounds relied on in the notice of appeal, the decision may not be taken at first instance. continue, it destroyes this decision and makes the case as of itself.

  • 6 If two or more persons are subject to the final decision of the regional disciplinary college and at least two of them are admissible, these actions shall be dealt with together.


Article 74

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  • 1 If a notice of appeal comes from a person who is not competent to appeal, has not been filed in time or does not comply with the Article 73, second paragraph The central college may, on a proposal from the Chairman without further examination, in the hearing room, give a decision which seeks to declare inadmissible the person who has brought the action. The decision shall state the reasons on which it is based and shall be in writing. In cases other than those referred to in the first sentence, the President may, before referring the case to a hearing, carry out a preliminary examination on the foot of the case in question. Article 66, second and third paragraphs Well, certain ordered.

  • 3 The central college may invite the regional disciplinary committee to provide information to the decision appealed against.

  • 4 The central disciplinary committee may judge parts of the decision of the regional disciplinary college, which are not subject to any objections in the notice of appeal.

  • 5 If only the person complained of has brought an action, the Central College may only, acting unanimously, give a decision to the detriment of that amendment to what was decided by the regional disciplinary committee.

  • 6 A decision of the central disciplinary college in which one of the institutions Article 48, first and third paragraphs , the measures described shall be imposed or maintained shall be published in public.

  • 7 In respect of a decision of an extent other than that laid down in paragraph 6, the central college may, on grounds relating to the general interest, provide that it is to be declared in public, except that such a decision shall be taken to ensure that the decision is taken to if the decision of the regional disciplinary committee, appealed against, was made public or the case was dealt with in a public hearing, in any case.

  • 8 A copy of the decision of the central disciplinary committee shall be forwarded to the regional disciplinary college which decided at first instance.


Article 75

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No appeal shall be open to a decision of the Central Board of Appeal other than in cassation in the interests of the law.


§ 6. Further provisions

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Article 76

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  • 1 The Secretary of the Central College of disciplinary proceedings shall keep and record the holding in accordance with Article 72, first paragraph , sent decisions.

  • 2 The Secretary of the Central College of Governors shall, upon request, communicate to the disciplinary colleges, the members of the judiciary and the officials of the prosecutor's office information about irrevocable decisions.

  • 3 In the case of a general measure of management, it may be laid down in the first and second paragraphs. In so doing, the obligations laid down in the first paragraph may be limited in so far as it is permissible from the point of view of good administration of justice.


Article 77

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The secretaries of the disciplinary colleges may, on request of the person who so request, provide for copies of final decisions by the disciplinary colleges against payment of costs. Such copies shall not be issued after the authorisation of the President of the college which gave the decision in question. A request to this effect shall only be granted where the applicant has demonstrated that he has an interest in doing so. The inscriptions shall omit the names, fornames and places of residence of the complainants, the persons complained of, the witnesses and the experts in the decisions concerned.


Article 78

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The disciplinary colleges shall report annually before 1 April on their activities during the previous calendar year. This report shall be made publicly available, against payment of costs.

Chapter VIII. Non-fitness measures

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Article 79

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  • 1 There is a college of medical supervision, which is located in The Hague.

  • 2 The College shall have jurisdiction in cases where the inspector referred to in paragraph 3 has made a proposal on the matter, a provision to remove a person who is registered in a register from that register -or to change the exercise of the profession in question with special guarantees if he or she, by reason of his or her mental or physical condition or of his or her habit of drinking or misuse of means, is intended to be used in the course of the proceedings; Articles 2 and 3 of the Opium Act ( Stb. Since 1976, 425) must be regarded as having the capacity to exercise or not to exercise such a guarantee of such an occupation.

  • 3 A proposal referred to in paragraph 2 shall be made by the inspector of the part of the public health public health supervision designated by the general measure of management to that effect, which shall be responsible on the spot where the nomination is The Court of Appeal shall exercise its action. In the case of a general measure of management, it may also be provided that, in cases described in the measure, the inspector may not make a nomination after consultation with one or more of the other State Supervision inspectors. public health, designated by the measure.


Article 80

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  • 1 A device referred to in Article 79, second paragraph , may exist in the imposition of any of the following measures in relation to the person concerned:

    • (a) a binding of the jurisdiction of the register to practise the profession in question on special terms;

    • (b) the partial denial of jurisdiction in the register of the profession in question;

    • (c) removal of registration in the register.

  • 2 The measures referred to in the first paragraph, A and B , can also be imposed jointly.

  • 3 A measure, referred to in the first paragraph, A or B , it shall first become effective when the decision is irrevocably imposed, unless the college has determined in its decision that he becomes effective immediately.

  • 4 The measure of cancellation of registration in the register shall be enforced on the basis of our Minister as soon as the decision on which he is to be taken has become irrevocable.

  • 5 When the measure of cancellation of the tender is imposed, the College may also, by way of provisional provision, impose a suspension of the tender. This provision shall be effective and shall be implemented without delay because of our Minister; the invitation to tender shall remain suspended until the decision to Register the registration has become irrevocable or has been quashed in the appeal. Article 48, ninth paragraph , shall apply mutatis mutandis.


Article 81

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  • 1 In the case of circumstances under which a measure is intended to Article 80, first paragraph, point a, b or c , had ceased to exist, it may be determined by Royal Decree that the conditions imposed by the person concerned in that measure are to lapse, that he shall be reinstated to him or her in his or her disqualification, It may be entered in the register, unless an off-ground ground for refusal is found to exist outside the specified measure. In the latter case, that decision may stipulate that the right to be entered in the register shall be re-entered as soon as the person concerned has defined the special conditions set out in that decision.

  • 2 The proposal for a decision under the first paragraph shall be made by Our Ministers. Before such a proposal is made, our Minister shall obtain the opinion of the college which has imposed the measure.


Article 82

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  • 1 The College of Medical Supervision counts two legal members, one of whom is also President, as well as three members-doctors. Members of the College shall be composed of alternate members of the College, as well as alternate members-doctors.

  • 2 The President, the other legal person and the three members-doctors, together with the possibility of place replacement, take part in the proceedings of the President.

  • 3 Regarding the appointment and dismissal of the Chairperson and his deputy, Article 55, third paragraph , mutatis mutandis. With regard to the appointment and dismissal of the other members and alternate members, Article 55, fourth paragraph , mutatis mutandis, except that the members-doctors and alternate members-doctors are appointed from persons registered as doctors in the relevant register.

  • 4 The college has a secretary and a deputy secretary, both legal scholars. They shall be appointed, suspended and dismissed by Royal Decree on the proposal of Our Ministers.

  • 5 With regard to the members, the deputy members, the secretary and the deputy secretary is Article 61 applicable mutatis mutandis. In addition, the members and alternates shall be Articles 60 and 63 applicable mutatis mutandis. In addition, as regards the members-doctors and alternate members-doctors are also Article 59 applicable mutatis mutandis.


Article 83

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  • 1 The provision of a provision, Article 79, second paragraph , the inspector shall be presented in writing to the College of Medical Supervision. The nomination must contain a description of the relevant facts and circumstances, and indicate which of the relevant facts and circumstances are to be found. Article 80, first paragraph , the measures referred to are proposed and, if it is a measure such as that in that paragraph, A and B , as defined, the content of such a statement.

  • 2 Of a nomination referred to in paragraph 1, the President of the college shall forward a copy to the person to whom the nomination relates.

  • The inspector concerned and the person to whom the nomination relates may be represented by an agent and shall be assisted by a counsellor. The authorised representative shall, on request, demonstrate his power by the submission of a written power of attorney. Lawyers acting acting as agents shall not be subject to such presentation. The Chair of the College of Medical Supervision may refuse to admit a person who is not an attorney as an agent or as a counsellor if there is clear evidence that the admission of that person is a proper one. The exercise of justice will be impeded. The President shall give a written statement of reasons of refusal of refusal.

  • 4 After dispatch of the copy referred to in paragraph 2, the President shall order a preliminary examination, which may extend to other facts and circumstances other than those mentioned in the nomination. The chairman shall carry out the preliminary examination to one or more members or alternate members or to the secretary or deputy secretary of the college. The person carrying out the preliminary examination shall inform the person who is referring to the nomination and the inspector who made the nomination by being heard by him. He may also testify and expert witnesses; witnesses and experts have been Article 68 applicable mutatis mutandis, except that the summons, the request for summons and the oath or promise shall be made by the person carrying out the preliminary examination. The results of the preliminary examination shall be communicated to the inspector before the case is being dealt with at the course of the proceedings. Article 66, third and seventh Member , shall apply mutatis mutandis.

  • 5 The preliminary examination shall be concluded with reference to a judicial session.

  • 6 The person to whom the nomination refers, and the inspector who made the nomination, shall be given the opportunity to attend the proceedings for the trial and to be heard during the course of the proceedings. They shall be informed of the procedural documents for a period of at least six days. The last day of this period shall be at least eight days before the commencement of the examination at the court.

  • 7 As regards witnesses and experts Article 68 applicable mutatis mutandis.

  • 8 During the proceedings of a case at the court of justice, the College may nominate one or more members or alternate members, the Secretary or the Deputy Secretary of the Office to carry out an additional preliminary examination. The fourth paragraph shall apply mutatis mutandis. The additional preliminary examination shall be closed by referring the case to a court hearing.

  • 9 If it considers the terms to be used for that purpose, the College may, in writing, inform the person concerned that the importance of the case shall require his cooperation to be granted to him by or on account of one or more doctors, by the college in order to do so. as experts designated, medical examination to be carried out. The costs of the investigation shall be borne by the State. If the person concerned abstains, in whole or in part, the cooperation requested from him, the College may, in the course of its decision, involve such a circumstance in its deliberations.

  • 10 As long as the college has not terminated its examination of the case at the trial, the inspector may withdraw the nomination made by him, in which case the proceedings of the case shall be discontinued, unless the person to whom the nomination refers is terminated has stated in writing to require continuation of the treatment.

    Likewise, the inspector may amend or supplement his nomination if necessary. In such a case, a copy of the proposal thus revised shall be provided to the person to whom the nomination relates and shall be given the opportunity to be heard.

    If the person to whom the nomination relates dies, the treatment of the case shall be suspended.

  • 11 The final decision of the College shall be delivered within two months of the conclusion of the examination at the Court. The final decision shall be either for the imposition of one of the following Article 80, first paragraph , defined measures, either to reject the nomination. It shall state the reasons on which it is based and shall be made in writing. In selecting the measure to be imposed, the college may deviate from what was proposed in the proposal, it being understood that the Article 80, first paragraph, point (c) If the measure described cannot be imposed in accordance with the nomination procedure.

  • 12 As regards the examination of the case for the Court of justice and the decision is to be given Article 70, first, third and fourth members , mutatis mutandis. A decision, stretching to the imposition of one of the Article 80, first paragraph , as defined, measures shall be taken in public. As regards a decision to reject the nomination, the College may, on grounds relating to the general interest, determine that it is pronounced in public, except that such decision shall, in any event, be taken into account in the Commission. it is made public if the case has been dealt with in a public justice session.

  • 13 Of the final decision of the college, a copy shall be sent within one week of the judgment of the decision:

    • (a) the person to whom the nomination refers;

    • b. the inspector who made the nomination;

    • c. The State Public Health Inspectors, who are designated by general management measure;

    • d. The Secretary of the Central College of Disciplinary Proceedings;

    • e. Our Minister, in case the decision extends to the imposition of one of Article 80, first paragraph , defined measures;

    • f. Our Minister of Defence, in case the decision relates to a person who is military.


Article 84

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  • 1 To a final decision of the college of medical surveillance, the person to whom the nomination refers, as well as the inspector concerned, may, within six weeks of the date on which the copy of the copy of the copy of that decision is sent, be sent to the main college of disciplinary proceedings. Appeal.

  • 2 As regards the composition of the Central Board of Appeal in the course of proceedings, Article 56, second paragraph , by analogy, except that the places assigned to members-professional bodies in that provision are in all cases taken by members or alternate members of the college, appointed from among the persons who are members of the are registered as a medical practitioner.

  • 3 The Articles 73 (2) to (6) , and 83, third and tenth member , shall apply mutatis mutandis. In the event of revocation of an action brought by the person to whom the nomination relates, the proceedings shall be terminated unless the College has already completed its examination of the case at the trial.

  • 4 If a notice of appeal comes from a person who is not competent to appeal, has not been filed in a timely way or does not comply with the corresponding application of the Article 73, second paragraph The Court of Appeal may, on a proposal from the person who carried out the preliminary examination without further examination, give a decision in the Court's decision whether the person who has the right to appeal may be dismissed as inadmissible. set. The decision shall state the reasons on which it is based and shall be in writing. In cases other than those referred to in the first sentence, the President may, before referring the case to a judicial session, carry out a preliminary examination of the ground of Article 83, fourth and fifth member -To order.

  • 6 With regard to the transmission of copies of the final decision of the Central Board of Governors, Article 83, thirteenth paragraph , by analogy, except that a copy is also sent to the college of medical surveillance.

  • 7 With regard to the in accordance with the sixth paragraph in conjunction with Article 83, thirteenth paragraph , copies of the decisions are forwarded to the Secretary of the Central College of Governors. Article 76 applicable mutatis mutandis.


Article 85

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With regard to the central disciplinary college, in relation to cases brought by that college by virtue of a Article 84 are brought before the Court, Article 62 applicable mutatis mutandis.

Chapter IX. Further provisions

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Article 86

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  • 1 With the supervision of compliance with the training provided under this Act, as well as the Article 40 The rules laid down and the penal provisions laid down in this Act are responsible for the officials designated by the decision of Our Minister.

  • 2 Of a decision referred to in paragraph 1 shall be communicated by means of a decision of the Official Gazette .


Article 87

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  • 2 The officials in charge of supervision shall, in so far as is necessary for the performance of their duties and by way of derogation from Article 5:20, 2nd paragraph, of the General Law governing the administrative law and from Article 88 of this law, competent to access the patient records. In so far as the professional person concerned is required by virtue of his action for the confidentiality of the file, there shall be equal obligations for the official concerned.


Article 87a [ Expired by 01-01-2016]

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Article 88

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Each person shall be required to observe secrecy in respect of all that has been entrusted to him in the exercise of his profession in the field of individual health care, or what has been communicated as secret in his knowledge. or what has come to his knowledge and of which he had to understand the confidential nature.


Article 89 (Expired by 01-12-1995)

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Article 90

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In the case of a general measure of administration as defined in the Chapter II , III , VI and XI and in Article 93 It may be stipulated that, in relation to issues covered by the measure, our Minister may have to lay down detailed rules.


Article 91

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A general measure of administration which, for the first time, applies to a profession designated by the measure Article 8 , 34 or 40 , or a general measure of administration, withdrawing a general measure of administration applying to a particular profession Article 8 , 34 or 40 , it shall not be determined after the design of its design in the Official Gazette was placed. The draft shall be open to any of our Minister for any period of thirteen weeks from the time of the award of the draft. At the same time as the placement in the Official Gazette The draft shall be submitted to both Chambers of the States-General. Before a draft of such a measure is taken in the Official Gazette shall be held, by or because of our Minister's deliberations, with the representative associations of the profession to which the measure relates, representative of the opinion.


Article 92

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  • 1 In respect of the person who is a member of a profession regulated by this Law or whose training is in accordance with Article 34, first paragraph , is settled or designated, is linked to a part of a 'alliance' in the Netherlands, remaining in connection with the work which he pursues in the exercise of that profession in respect of staff; belonging to a part of that alliance, as well as to those with whom the personnel are permanently living together, shall not apply:

    • a. In Article 4, second paragraph -prohibition, in so far as it relates to the title of which it is reserved to those who are registered in the register in question;

    • b. In Article 35, first paragraph -prohibition, as far as operations are concerned, to which the A be competent persons;

    • c. in Article 34, fourth paragraph -prohibition, in so far as the title of which the conduct of the application is reserved to those responsible for the application of the Article 34, first paragraph , have completed regular or designated training until the action in question has been completed.

  • 2 The person referred to in paragraph 1 who pursues a profession governed by this Law shall be treated as referring to those who are registered in the register in question for the purposes of the application of provisions contained in other laws. with the latter, to the extent necessary for the purpose of carrying out the activities referred to in the first paragraph.


Article 93

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In the case of a general measure of administration, rules may be laid down for the use of a distinguishing sign indicated by the measure by those who are registered in a register designated by the measure or who are Article 34, third paragraph , the right is reserved to have a title declared under that paragraph.


Article 94

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Where, in the interests of proper implementation of the law, further arrangements are required in this Act, it may be carried out in the case of a general measure of management.


Article 95

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Within five years of the entry into force of this law, our Minister shall send a report to the two Chambers of the States of the European Union on the manner in which it has been applied.

Chapter X Criminal

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Article 96

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  • 1 The person who, when performing acts in the field of individual health care outside need harm or a significant likelihood of harm to another, shall be, if he knows or has serious reason to do so; a presumption that he, in carrying out those acts, is causing injury or material risk of damage to the health of another person, with a maximum of two years ' imprisonment or a fine of the fourth category, with a maximum of imprisonment.

  • 2 The person who, in carrying out operations in the field of individual health care outside need, is punished with custody for a maximum of one year, or a significant likelihood of damage to another person. or a fine of the third category.

  • 3 Upon conviction for one of the facts described in the first or second paragraph, the person concerned may also be taken from the right to practise the profession in question.


Article 96a

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  • 1 If against the suspect of violation of Article 96 The public health protection officer, as long as the proceedings for the hearing have not been arrested, have jurisdiction, heard the Inspectorate for Health Care, the Suspect in order to recommend to this notification as a provisional measure to abstain from certain acts.

  • 2 The accused may appeal to the court where the case is being prosecuted or to be prosecuted, within 14 days of service of the order. The court shall decide as soon as possible. The suspect is heard, at least properly called.


Article 96b

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If against the suspected infringement of Article 96 -serious objections have been raised and the protection of public health that is progressing urgently can be the court ' s handling of the matter at the hearing, on the claim of the public prosecutor, on the nomination of the Judge-Commissioner, with the task of investigating the case, and, if the case is to be held in due course, of its own motion, the defendant, heard the Health Care Inspectorate, as a provisional measure ordering certain acts to be taken. remember. Article 29, second and third paragraphs , and the Articles 30 to 32 of the Act on Economic Crimes shall be applicable mutatis mutandis.


Article 97

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The person who acts in violation of the Article 35, first paragraph , or 38 Detention shall be subject to custody of a maximum of three months or a fine of the second category.


Article 98

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  • 2 The same penalties shall be imposed on the person acting in violation of: Article 96a or Article 96b -order given to abstain from certain acts.


Article 99

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Article 100

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Our Minister has the power to impose an administrative fine of up to € 6 700 in respect of a conduct contrary to the provisions of or pursuant to:


Article 100a [ Expat per 01-01-2016]

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Article 100b [ Exp. by 17-02-1999]

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Article 101

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The person acting in violation of any Article 40 provided that this is referred to as a criminal offence is punishable by a fine of the second category.


Article 102

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Article 103

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  • 1 If during the conduct of a criminal offence, as defined in Article 97 , less than four years have elapsed since an earlier conviction of the guilty plea in respect of a criminal offence, as defined in the Articles 96 and 97, has become irretrievable, imprisonment of up to six months or a fine of the third category may be imposed.

  • 2 If during the conduct of a criminal offence, as defined in Article 96, first paragraph , no more than four years have elapsed since a previous conviction of the guilty plea in respect of a criminal offence, as defined in Articles 96 and 97 , has become irrevocable, the prison sentence can be increased by one-third.

  • 3 If during the committing of a criminal offence, described in Article 96, second paragraph , no more than four years have elapsed since a previous conviction of the guilty plea in respect of a criminal offence, as defined in Articles 96 and 97 , having become irrevocable, custody may be imposed for the duration of one year and four months.

  • 4 The previous sentence referred to in this Article shall be understood to include a previous conviction by a criminal court in another Member State of the European Union for reasons similar to those of the facts, intended for the purposes of the Articles 96 and 97 .

Chapter XI. Transitional and final provisions

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Article 104

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  • 1 In respect of those who had the power to exercise or were admitted to the exercise of a profession referred to in the fourth paragraph, or of any other profession referred to in the fifth paragraph, or had acquired the right to have the right of appeal to perform the title of nurse prior to the time at which Article 3, first paragraph , with regard to the appeal in question, shall remain in force for a period of six months from that date and, if, within that date, in accordance with the relevant provisions of the Article 5 one application for registration has been filed in the relevant register, even after the fact that the application has been made irrevocable at the time of their application, shall not apply:

    • a. In Article 4, second paragraph -prohibition, in so far as it relates to the title of which it is reserved to those who are registered in the register in question;

    • b. In Article 35, first paragraph -prohibition, in so far as it relates to acts to which the A persons referred to at that time shall be competent.

  • 2 Where an application as referred to in paragraph 1 is lodged after the expiry of the period referred to in that paragraph, if a probable cause for that delay is present and the application has been filed within two months of the date of application of the application, the application shall be has ceased to work, from the date of filing of the application the first paragraph shall apply mutatis mutandis.

  • 3 The persons referred to in the first paragraph of the first paragraph shall, if the persons referred to in that paragraph, be A The persons referred to above are subject to disciplinary caselaw in accordance with that law, also subject to such caselaw.

  • 4 The professions referred to in paragraph 1 shall be those of:

    doctor,

    dentists,

    pharmacist,

    physiotherapist,

    Midwife.

  • 5 The other professions referred to in paragraph 1 shall be those of:

    healthcare psychologist,

    psychotherapist.

  • 6 Persons referred to in paragraph 1 shall, for the purposes of other acts, be subject to the period referred to in paragraph 1 for those who are registered in the relevant register. likened to those registered in that register.


Article 105

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  • 1 Those who had the power obtained or were admitted to exercise one in Article 104 (4) , named occupation, or had the power to conduct the title of nurse before the time at which Article 3, first paragraph Where the action in question has entered into force, registration in the relevant register shall not be refused on account of the failure to comply with the training received in respect of the training received at or under the terms of Chapter III require for registration in that register.

  • 2 The persons referred to in paragraph 1 shall be treated in the same way as those who have obtained a certificate in respect of the exercise of a certificate referred to in paragraph 1 or on the conduct of the certificate referred to therein, closure of a statutory training course prior to the date on which the Article 3, first paragraph The entry into force of the action concerned has been put into effect and has been completed subsequently.

  • 3 Where the power or authorization referred to in paragraph 1 has been granted under restrictions or conditions, the person concerned may, registered in the register, exercise the profession in question only in accordance with those restrictions or conditions; or conditions. Registration of the person concerned in the register shall be recorded in the register in the register provided for in the preceding sentence, including a description of those restrictions or conditions. Where the power or the authorisation has been granted for a specified period, the registration of the person concerned shall be taken after the expiry of that period. Article 12 shall apply mutatis mutandis in respect of the endorsement referred to in the second sentence.

  • 4 The third paragraph, first sentence, shall not apply in respect of:

    • a. the first sentence of Article 7 of the Law of 24 June 1876, Stb. 117, referred to as dentists;

    • (b) the persons to whom the jurisdiction or authorization of the dentists referred to in point (a) referred to in Article 7 A and 7 Ed Of the bottom A was granted law;

    • (c) persons who, by virtue of Article 1 of the Law of 18 December 1957, Stb. 589, were allowed to exercise dental practice in the Netherlands.


Article 106

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  • 1 Those who are prior to the date of time when Article 3, first paragraph In the case of psychotherapist, one of the qualifications of the profession of psychotherapist has entered into force, or has completed training as a psychiatrist, and which does not comply with the training of psychotherapists. Article 26, first paragraph Where registration requirements have been made in the register of psychotherapists, registration in that register shall not be refused if the application has been lodged in accordance with Article 104, first or second paragraph The Minister has stated that their competence for the application of this Law may be regarded as equivalent to the professional competence which can be derived from compliance with the above mentioned requirements.

  • 2 The persons referred to in paragraph 1 shall be treated in the same way as those who have completed training referred to in that paragraph and which has been caught before the date referred to in that paragraph and has been completed thereafter.

  • 3 The assessment of whether the professional competence of a person referred to in the first paragraph for the purposes of this Act may be deemed equivalent to that which may be derived from fulfilling the requirements of the Article 26, first paragraph The following shall be made on the basis of the certificates made by Our Minister.


Article 107

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  • 1 For the purposes of applying Article 34, fourth paragraph , be with those who are an under Article 34, first paragraph , scheduled or designated training to an occupation which was also regulated by law before the date of entry into force of the Article 34 , have been deemed to be completed,

    • a. Persons who, before the date on which the relevant profession is subject to a general measure of management under Article 34, third paragraph (a) in effect, power had acquired the right to exercise the profession in question or had the power to pursue a title relating to that profession;

    • (b) persons who have statutory training to the profession in question before the date on which that profession is a general measure of management under Article 34, third paragraph , enter into force, have started and have completed thereafter;

    • c. Persons, other than those of A and B must have exercised the profession in question for a continuous period of at least six months in the five-year period, immediately preceding the date on which that action is a general measure of management Under Article 34, third paragraph , entry into force and in respect of whom our Minister has stated on their application for that purpose that their competence acquired may be regarded as equivalent or substantially equivalent to the professional competence which has been completed. Have the following: Article 34, first paragraph , scheduled or designated training may be derived from the profession in question.

  • 2 The assessment or competence of a person referred to in the first paragraph, C , is considered to be equivalent or substantially equivalent to that which may be derived from the completion of the Article 34, first paragraph Training, scheduled or designated, shall be carried out on the basis of the possession of a certificate designated by Our Minister, by the conduct of a trial, or by any other means, if any, of our Minister. after the person concerned has been given the opportunity to undergo further training.

  • 3 An application as referred to in the first paragraph, C , shall be admissible only if it is submitted within six months of the date on which a general measure of management as referred to in Article 34, third paragraph , in respect of the action in question, has entered into force. Subsequent applications may only be taken into consideration if a probable cause for the delay is present, and in that case only within two months after the cause of the delay.


Article 107a

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For the application of Article 34, fourth paragraph , be with those who are an under Article 34, first paragraph , scheduled or designated training to an occupation which was not regulated by law before the date of entry into force of the Article 34 Have completed, assimilated: persons whose competence acquired, having regard to the possession of a certificate designated by Our Minister, may be regarded as equivalent or substantially equivalent to the professional competence which has been acquired from the have completed the implementation of the Article 34, first paragraph , scheduled or designated training may be derived from the profession in question.


Article 108

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  • 1 To the person who, before the date of entry into force of this Article, had acquired the powers to exercise family of salvation and massage pursuant to Article 8 (1) of the Law on the paramedical professions ( Stb. 1963, 113) or the foot defined in Article 41, second or fourth paragraph, of that law, the right is reserved to conduct the title of hhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhh

  • 2 The person who does not have the right to conduct the title provided for in the first paragraph shall be prohibited from carrying out such title or a similar name.

  • 3 In the field of competence of the persons referred to in paragraph 1, actions to be defined in the field of general administrative action shall be carried out in the field of movement therapy and massage therapy, in so far as they are concerned: In the field of medicinal products and their performance, a reference to the measure to be made by a doctor shall be based on a reference to be made by a doctor.

  • 4 To the area of competence of the persons referred to in paragraph 1, the provision of acts is directly related to a person and to promote or to monitor his state of health; on the basis of the transactions referred to in the third paragraph, but not in the field of medical art.


Article 109

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  • 1 The Medical Tuchtwet ( Stb. (222) measures imposed after the repeal of that law will retain their legal force.

  • The cases pending at the time of revocation shall be dealt with at the same time as determined by the Medical Agreement, provided that no action can be taken on the basis of the facts in respect of which it is no measures could be imposed in accordance with Chapter VII or VIII of this Act.


Article 110

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  • 1 Where, in accordance with the Medical Act, the measure has been irrevocably taken as provided for in Article 5 (1) of that Law, it shall be treated in accordance with the provisions of Article 5 (1) of that Law. Article 48, first paragraph, point (d) , imposition of a measure.


Article 111

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In the general measure of governance referred to in Article 8, first paragraph , may, before the date of entry into force of this measure, be one of the following persons who have received their certificate before the date on which Article 8, second paragraph , different starting date shall be fixed from which the period indicated in the measure starts to run.


Article 112 [ Enter into force at a time to be determined]

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Article 113

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Article 116

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Article 117

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Article 123

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Article 124

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Article 125

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Article 126

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Article 128

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Article 129

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Article 130

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Article 137

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Article 143 [ Exposition by 17-02-1999]

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Article 144

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Article 144a

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Article 145

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The Law of 1 June 1865, Stb. 60, regulating the exercise of medicine,

the Law of 24 June 1876, Stb. 117, laying down the conditions for the acquisition of separate powers for the exercise of dental or veterinary uses and the pursuit of the pursuit of the exercise of the exercise of the exercise of

the Law of 25 December 1878, Stb. 222, laying down detailed rules for the authorization of doctors, dentists, pharmacist, midwives and pharmacists,

the Law for the Protection of the Diploma of Nursing ( Stb. 1921, 702),

the Law of 30 December 1926, Stb. 454, to revise the implementation of the Law of 29 June 1925, Stb. 282 (complete dental prosthesis),

the Medical Tuchtwet ( Stb. 1928, 222),

the Law of 18 May 1929, Stb. 257, to the occasion of them, who, by virtue of the Law of 30 December 1926 ( Stb. 454) have not received a visa on their proof of establishment, so as to reflect their practical competence,

the Law of 13 May 1939, Stb. 801, to other facilities in respect of dentistry,

the Law of 11 July 1957, Stb. 330, laying down additional provisions for the granting of dental jurisdiction,

the Law of 18 December 1957, Stb. 589, to arrange for the admission of Dutch dentists and midwives who are competent in Indonesia to practice in the Netherlands,

the Law on the paramedical professions ( Stb. 1963, 113),

the Law on Sickness Care and Sickness Care Nurses ( Stb. 1963, 289), as well as the Dental Prothetics Act ( Stb. 1989, 329) shall be repealed.


Article 146

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Where in this Act " Individual Health Care (S) Act ( Stb. 1993, 655) ' occurs in the case of the entry of this law. State Sheet After ' Stb. ' inserted the year and the number of the State Sheet where this law is placed.


Article 147

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  • 1 The articles of that law shall enter into force on a date to be determined by royal decree, which may be made different for the various articles or parts of such articles.

  • 2 Furthermore, the date of entry into force of Articles 3 to 7, 12, 100, 104, first paragraph, points (a), second and sixth paragraphs, and 105, first and third paragraphs, may be made different by the region which is subject to the royal decree in respect of those who are resident in the Netherlands and who have obtained the authority to pursue the title of nurse before the date referred to in the first paragraph.


Article 148

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This law may be cited as:

Law on the professions in individual health care.

Burdens and orders that are in the State Sheet will be placed, and that all ministries, authorities, colleges and officials who so concern will keep their hands on the precise execution.

Issued in Gravenhage, 11 November 1993

Beatrix

The Secretary of State for Welfare, Health and Culture,

H. J. Simons

The Minister of Justice,

E. M. H. Hirsch Ballin

Issued the 23rd December 1993

The Minister of Justice,

E. M. H. Hirsch Ballin