Key Benefits:
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DRAFT LAW NO. 152 /X
CREATES THE ORDER OF PORTUGUESE PSYCHOLOGISTS AND APPROVES YOUR
STATUTE
Portuguese psychologists are a professional class of enormous social relevance.
In recent decades we have assisted in taking on, on the part of psychologists, a role
increasingly important in key areas of Portuguese society.
Thus, a profession that for many years had great difficulties in being
recognized, has become little and little in a professional class required and present
in the most varied sectors of activity. Psychologists play more and more
papers in numerous situations, and they do already today part of the National Health Service.
It is therefore now the time to respond to an ambition of psychologists with
more than 20 years: the creation, the similarity of what has already happened in other countries, of a
Order of Portuguese Psychologists.
This Order will be the regulatory organization of the psychology professionals in
Portugal. It will come this way to suppress a flaw that nowadays checks in, as it
currently there is not an entity regulating the exercise of the profession of psychologist, nor
that it promotes the existence of deontological rules in the exercise of this profession.
The present draft law creates the Order of Portuguese Psychologists and approves the
respective status. This Order will be a representative public association of the
graduates in Psychology who exercise the profession of psychologist, and will have personality
legal, enjoying scientific, disciplinary, administrative, financial and
regulatory.
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The Order will have as its mission to preserve and promote ethics, as well as the conditions
scientific, technical and social exercise of the profession of psychologist. For so much, in your
status is planned to be drawn up by the Order of a deontological code, as well as
various principles and general deontological duties to be respected by all psychologists.
The Order will have national, regional bodies and specialty colleges. The organs
national will be the general assembly, the national direction, the bastonary, the council
jurisdictional and the tax council. The regional will be the regional assembly, the direction
regional and regional sections.
So, in the applicable regimental and constitutional terms, the Deputies below
signed, of the PSD Parliamentary Group, present the following draft law:
Article 1.
Subject
The Order of Psychologists is created and approved of its status, annexed to this Law, and
which of it is an integral part.
Article 2.
Installed commission
1-By joint office of the Ministers of Finance and Health will be named the
commission installer of the Order of Psychologists and approved its internal regulation.
2-A The installed commission referred to in the preceding paragraph shall be appointed on the deadline
of 30 days after the publication of this Law and has the following composition:
a) A psychologist of recognized merit, designated by the Minister of Health, who
presides;
b) Six psychologists of recognized merit, designated by the Minister of Health, and
chosen from among proposals of the representative union organizations of psychology and
of the professional associations with national deployment;
3-The mandate of the installative commission is one year.
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4-The mandate of the installed commission cesses with the investiture of the organs
national of the Order of Psychologists, symbolized by the possession of the bastonary.
5-Cannot be appointed to the commission installers psychologists who are
holders of leading bodies of unions or associations of psychologists.
Article 3.
Competence
1-Compete to the installer commission:
a) Prepare the internal regulations necessary for the operation of the Order of
Psychologists, particularly those relating to electoral acts;
b) Promoting the enrolment of psychologists;
c) Prepare the electoral acts for the national and regional bodies of the Order of
Psychologists;
d) Realize all the necessary acts for the installation and normal operation of the
Order of Psychologists;
e) Confer possession to the bastonary who is elected and account for the mandate exercised.
2-For the pursuit of its competences, the installed commission shall be governed, with
the necessary adaptations, by the scheme provided for in the statute annexed to this diploma.
Article 4.
Elections
The elections of the various national and regional bodies are to be held by 270
days after the entry into force of this Law.
Article 5.
Entry into force
This Law shall come into force on the immediate day when it is published.
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Attachment
Status of the Order of Portuguese Psychologists
Chapter I
Nature, mission and assignments
Article 1.
Nature
1-A The Order of Psychologists, hereafter abbreviated by Order, is the
public association representative of graduates in Psychology that, in compliance
with the precepts of this statute and the applicable legal provisions, exercise the profession
of psychologist.
2-A The Order of Psychologists has legal personality and enjoys autonomy
scientific, disciplinary, administrative, financial and regulatory.
Article 2.
Scope, headquarters, delegations and regional sections
1-A Order carries out its activities throughout the national territory.
2-A Order is based in Lisbon, and may establish delegations and sections
regional when it becomes necessary and convenient for the pursuit of its
attributions.
Article 3.
Mission
It is mission of the Order to preserve and promote ethics as well as the scientific conditions,
techniques and social of exercise of the profession of psychologist.
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Article 4.
Attributions
In the pursuit of its tasks, it is incumbent upon the Order:
a) Ensuring compliance with the rules of professional ethics;
b) Set the level of professional qualification of psychologists and assign the title
professional;
(c) to regulate the exercise of the profession and to define the scope of the psychological act;
(d) carry out the registration of all psychologists;
e) Defend the rights and prerogatives of psychologists, promoting procedure
judicial against whom to use the title and to exercise the profession illegally;
(f) to exercise exclusive disciplinary jurisdiction over psychologists;
g) Elaborate studies and pronount on any draft diplomas
legislative interests that are of interest to the exercise of the profession of psychologist;
h) Create and regulate the professional specialties of psychology and pass the
corresponding titles;
i) Ensuring the respect of the legitimate interests of the users in the services provided
by the psychologists, taking into account the rules of the deontological code;
(j) to collaborate with schools, universities and other institutions in the graduated training and
postgraduate of the psychologists;
k) Organize, by you or in collaboration with other institutions, courses of
specialization, improvement and recycling;
l) Organize and promote the holding of congresses, conferences, colloquials,
similar seminars and activities;
m) Pressure scientific and technical collaboration requested by any entities,
public or private;
n) Developing relationships with related, national or foreign associations, and may
be part of national and international unions and federations;
o) Zelar for the dignity and prestige of the profession and to promote solidarity between
its members;
(p) to exercise the remaining functions resulting from the law and the provisions of this statute.
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Article 5.
Principles of acting
The Order acts by the respect of the principles of legality, equality,
proportionality, justice, impartiality and the Universal Declaration of Rights
of the Man.
Article 6.
Insiggnia
The Order is entitled to use emblem and own stamp, of models to be approved by the
General assembly, on a proposal from the Directorate.
Chapter II
Organization of the Order
Section I
General provisions
Article 7.
Territoriality and competence
1-A Order has national, regional and colleges of specialty.
2-The competences of the organs define themselves on the grounds of the national, regional
or on the grounds of the specialty of the subjects.
Article 8.
National bodies
They are national bodies of the Order:
a) The assemblage-geral;
b) The national direction;
c) The bastonary;
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d) The jurisdictional council;
e) The tax council.
Article 9.
Regional bodies
They are organs of the regional delegations:
a) The regional assembly;
b) The regional direction;
c) The regional sections.
Article 10.
Colleges of specialty
In each specialty college there is a specialty board.
Article 11.
Democratic principle
The composition of the organs rests on the direct participation of the members of the Order or,
when this is not possible, in the election.
Article 12.
Exercise of positions
1-Without prejudice to the payment by the Order of any expenses arising from
displacements or specific tasks, as well as the provisions of the following number, the
exercise of the posts of the organs of the Order is always free of charge.
2-The members of the organs of the Order who, on the grounds of performance of their
functions, lose all or part of the remuneration of your work, are entitled to the
reimbursement, on the part of the Order, of the corresponding importances, under conditions to
regulatory by the general assembly.
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Section II
Elections
Article 13.
Electoral table
In the elections for the national bodies the general assembly desk takes over the duties
of the electoral table and in the elections of the regional bodies the electoral table is the table of the
regional assembly.
Article 14.
Applications
1-The lists for national and regional bodies are presented before the
chair of the assembly desk-general.
2-Each list is subscribed by a minimum of 100 members, herd, to the organs
national and from 30 for regional bodies, and should include the names of all the
candidates for each of the organs, with the declaration of acceptance.
3-Applications are submitted until September 15 of the year immediately
previous to the subsequent triennium.
Article 15.
Electoral notebooks
1-Election notebooks are to be affixed to the national and regional headquarters 45
days before the date of the holding of the electoral assembly.
2-From irregular enrollment or omission in the electoral notebooks can any
elector complains to the electoral table in the 15 days following those of the affixing, owing
this one decided on the complaint within 48 hours.
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Article 16.
Electoral commission
1-A The electoral commission shall be composed of the chairman of the table of the general assembly and
by three representatives from each of the competing lists, owing to start functions 24
hours after the submission of the applications.
2-Representatives of each of the competing lists must be nominated
jointly with the submission of the respective applications.
3-Compete to the electoral commission:
a) to Fiscalize the electoral process and to resolve all the issues arising in its scope;
(b) draw up reports of irregularities detected and present them to the electoral table;
c) Distribute among the different lists of candidates the use of the means of support
made available by the direction of the Order.
Article 17.
Supply of irregularities
1-A The electoral table should check the regularity of applications in the five days
subsequent to the closing of the deadline for the delivery of the application lists.
2-With a view to the supply of the possible irregularities found, the
documentation is returned to the first subscriptor of the list, which must sanction it on time
of three working days.
3-Faying the time limit referred to in the preceding paragraph without proceeding to regularization
of the applications, must the electoral table reject them in the following 24 hours.
Article 18.
Bulletins of vote
1-The ballot papers are edited by the Order, upon control of the table
electoral.
2-The ballot papers, as well as the application lists, are sent to all the
members of the assembly election up to 10 working days prior to the date scheduled for the act
electoral and are available at the polling place.
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Article 19.
Identity of voters
The identification of the voters is done through the professional ballot and, failing that, by
means of identity card or any other identifying element with
photograph, accepted by the voting table.
Article 20.
Voting
1-Elections are made by universal, direct and secret suffrage, exercised
presentially or, in the terms of regulation, by correspondence.
2-Only have the right to vote the members in the full enjoyment of their rights.
3-In the case of a mail-order vote the bulletin is closed in overwriting
accompanied by letter signed by the voter and photocopy of the professional ballot.
4-Is vetted the vote by proxy.
Article 21.
Date of elections
1-Elections for national and regional bodies are held during the last
quarter of the year immediately prior to the subsequent triennium.
2-A The date is the same for all the organs.
Article 22.
Mandates
1-The holders of the elective bodies are elected for a period of three years.
2-It is not admitted to re-election of holders of national or regional bodies to
a third consecutive term, for the same functions.
3-The mandate and the election form of the holders of the specialty boards
are contained in own regulations.
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Article 23.
Polling stations
For election effect they constitute at least as many polling stations as many
the regional delegations, in addition to the voting table at the national headquarters.
Article 24.
Complaints and resources
1-Voters may file claim, on the grounds of irregularities
of the electoral act, which is to be presented to the electoral table until three days after the
closure of the electoral act.
2-A The electoral table should appreciate the complaint within 48 hours, the
decision communicated to the appellant in writing and affixed to the seat of the Order.
3-From the decision of the electoral bureau it is up to the jurisdictional board, in the
period of eight working days counted from the date on which the applicants had knowledge
of the decision of the electoral table.
4-The jurisdictional council is convened by the respective President, to the effect,
on the following eight days.
Article 25.
Financing of elections
The Order shall attend the charges of the elections with amount to be fixed by the
direction.
Article 26.
Taking of possession
The taking of possession of all elected bodies comes up to one month after the elections.
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Article 27.
Resignation
1-All members shall enjoy the right of resignation to the mandate for which
have been elected.
2-Any member of the organs of the Order may apply for temporary suspension
of the exercise of the corresponding functions, on duly substantiated grounds,
may not the term of suspension exceed the six months.
3-The resignations or suspensions of the mandate should be communicated to the
presidents of the respective bodies, as well as the chair of the assembly table-
general.
4-Except at the previous point the resignation of the bastonary which is to be
presented only to the president of the general assembly desk.
5-A The resignation of more than half of the elected members for a given body,
after all substitutions have been carried out by the respective alternates
elected, mandates the holding of elections for the respective body.
Section III
National bodies
Article 28.
General assemblage
They make up the general assembly all the actual members of the Order.
Article 29.
Competences of the general assembly
It is incumbent on the general assembly:
a) Eleger and impeach, pursuant to this statute, his desk, the national direction,
the jurisdictional council and the tax council;
(b) to discuss and vote on the annual budget of the Order, where the apportionment of the
revenue and expenditure at national and regional level;
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c) Deliberate on all matters relating to the activity of the Order or that if
situem in the field of their statutory assignments;
d) Approve the creation of professional specialties of psychology, upon proposal
of the national direction, as well as to ratify the respective installers ' commissions
colleges, the conditions of access and their electoral regulations;
e) Attribution, on proposal of the national direction, the quality of member
corresponding, benemeritus or honorary of the Order;
f) Deliberate on the creation or extinction of regional delegations;
g) Fixing the value of the quota to be paid by the members, on a proposal from the national direction;
(h) to appreciate and vote on the report and the accounts of the national direction;
(i) to discuss and approve proposals for amendments to the statute;
j) Deliberate on any subject that is not understood in the competences
specific to the remaining organs.
Article 30.
Health
1-A The general assembly convenes ordinarily:
a) For the election of the table of the general assembly, of the national direction, of the council
jurisdictional and tax advice;
b) For the discussion and voting of the report and accounts of the national direction.
2-A-General assembly meets extraordinarily, whenever the circumstances the
advise and your President to convot on your initiative or at the request of the management, of
any of the regional directorates or a minimum of 100 effective members.
3-If the time is scheduled for the start of the general assembly not to be present
at least half of the actual members, the assembly shall start its duties a
time later, with the presence of any number of members.
4-A general assembly intended for discussion and voting of the report and accounts of the
national direction is held until the end of the month of March of the immediate year to the
respective exercise.
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Article 31.
Convocation
1-A general assembly is convened by its president upon postal notice
expeded for each of the members, at least 15 days in advance in
relation to the date designated for the realization of the assembly.
2-Of the convocation shall appear on the order of work and the place of achievement of the
assembly.
Article 32.
Table
The general assembly desk is composed of a president, two secretaries and two
vowels.
Article 33.
National direction
The national direction is made up of a president who is the bastonary, two vice-
presidents, a treasurer and an odd number of vowels, at the minimum of five.
Article 34.
Competence
It competes with the National Directorate:
a) Accept inscriptions or send cancelling them, at the request of the own or by decision of the
court;
(b) to draw up and maintain updated the register of all psychologists;
c) Propose the creation of the framework of professional psychology specialties, propose the
commissions installers of the specialty colleges and submit to the approval of the
assembly-general the conditions of access, internal and electoral regulation of each college
of specialty;
d) Give implementation to the deliberations of the meeting-german;
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(e) to elaborate and approve regulations;
(f) heading the national activity of the Order;
g) Promote the installation and coordinate the activities of the directorates and sections
regional;
h) Give, directly or through commissions constituted for the purpose, opinions and
information to public and private entities, within the scope of the tasks of the Order;
i) Charge the revenue and carry out the expenditure provided for in the budget;
(j) to draw up and present to the general meeting the report of activities, the accounts and the
annual budget.
Article 35.
Health
1-A The national direction meets ordinarily once a month and
extraordinarily whenever summoned by its president.
2-A The national direction can only deliberate validly when they are present
more than half of its members.
3-deliberations are taken by a simple majority of the members present,
disposing of the president of quality voting.
Article 36.
Bastonary
The bastonary is the president of the national direction.
Article 37.
Competencies
Compete with the bastonary:
a) represent the Order in judgment and outside of it, specifically in the face of the organs of
sovereignty and community and international organizations;
(b) Presiding with a vote of quality to the national direction;
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c) Perform and enforce the deliberations of the national direction and the rest
national bodies;
(d) to exercise the competence of the national direction in cases of recognised urgency or
in the situations in which such competence is delegated to it;
e) to ensure the normal functioning of the Services of the Order, in the respect of the law, of the
status and the respective regulations.
f) Designate the vice president who will replace him in his / her phalings and impediments.
Article 38.
Linking
1-In order for the Order to be obliged are necessary the signatures of the bastonary and
of another member in effectivity of functions.
2-A national direction may constitute mandatary for the practice of certain and
certain acts, and shall for this accurately set the scope and temporality of the
powers conferred.
Article 39.
Solidarity liability
1-The members of the organs respond in solidarity with the acts practiced in the
exercise of the mandate given to them.
2-Stay exempt from this responsibility the members who have not been
present at the session in which the deliberation has been taken, nor in that in which, after
reading, the minutes of the session concerned are approved or, being present have voted
expressly against the deliberation in question.
Article 40.
Court of law
The jurisdictional board is composed of five members and advised by a
legal advisor, being one of its president members and the remaining vowels.
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Article 41.
Competence
It is incumbent on the court of
a) Velar for compliance with the law, bylaws and internal regulations, either by
part of the organs of the Order either by all of its members;
b) Give advice on the proposals for regulations;
c) To instruct and judge all disciplinary proceedings instituted to the members;
(d) elaborate minutes of their meetings.
Article 42.
Health
1-The jurisdictional board gathers at the headquarters of the Order when summoned by its
president.
2-The deliberations are taken by a majority, avails of the voting chair of
quality.
Article 43.
Tax advice
The tax council consists of a president and two vowels.
Article 44.
Competence
It is incumbent on the Tax Council:
a) Examine and issue opinion on the annual accounts to be submitted by the management
national to the assembly-geral;
b) Present to the national direction the suggestions that you understand of interest;
c) to Fiscalize the washed actas at the meetings of the national direction;
(d) elaborate minutes of their meetings.
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Section IV
Regional bodies
Article 45.
Regional assemblies
1-A The creation of regional assemblies depends on the needs created by the
pursuit of the activities of the Order of Psychologists, whose geographical area of acting
will build internal regulation.
2-Each regional assembly shall be composed of all members enrolled in the Order
whose professional domicile is situated in the geographical area included in the delegation
regional.
Article 46.
Table of the regional assembly
The table of the regional assembly is composed of a president and two secretaries.
Article 47.
Competence
It competes with the regional assembly:
a) Eleger to your table;
(b) Appreciate the plan of activities, the report and the budget presented by the
regional direction;
c) Deliberate on matters of a regional scope;
d) Deliberate on any subject that is not understood in the competences
specific to the remaining regional bodies;
And) to draw up minutes of the regional assemblies.
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Article 48.
Health
1-A Regional assembly meets ordinarily for the election of the respective table and
for discussion of the report of activities of the regional direction.
2-A Regional assembly meets extraordinarily on the initiative of the president or
at the request of the regional direction or of a tenth of the members enrolled in the respective
delegation.
3-A Regional assembly aimed at the discussion and voting of the report of
activities of the regional direction takes place until the end of the month of March of the immediate year
to that of the respective exercise.
Article 49.
Regional direction
The regional direction is made up of a president and a pair of vowels in the
minimum of two.
Article 50.
Competence
It competes in the regional direction:
a) represent the Order in the respective geographical area, specifically in the face of
public entities that will exercise assignments, where mandated to the effect, by the
national direction;
b) Give implementation to the deliberations of the general assembly and the regional assembly and to the
guidelines of the national direction;
(c) to exercise delegated powers by the national direction;
(d) directing the regional activity of the Order;
e) Give opinions and information;
f) Perform the budget for the regional direction;
g) Generation regional services;
(h) to elaborate and submit to the national direction the annual report and accounts;
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(i) elaborate minutes of their meetings.
Article 51.
Regional sections
1-A The national direction may create regional sections in geographical areas of
sharp specificity, where it is not justifying the establishment of regional delegations.
2-A The national direction sets out the functions of each section and appoints an
responsible for constituting and chairing your section.
3-Anually the direction of the regional section presents to the national direction the
business plans and the reports of activities and accounts for approval.
Section V
Colleges of specialty
Article 52.
Specialties
1-Powers to be created colleges of specialty whenever determined matter
be regarded as having particular technical and scientific characteristics, whose
importance implies a specialization of knowledge or professional practice.
2-Each college shall be made up of all members to which it is recognised
specialty.
Article 53.
Installed commission
1-Whenever a college of specialty is formed national direction appoints
an installed commission made up of a president, a secretary and three vowels, with
deadline to draw up a proposal of the conditions of access and an internal regulation and
election to be submitted to the approval of the general assembly.
2-Approved conditions of access and internal and electoral regulation, the
installment commission proceeds to the enrolment of the psychologists who meet the conditions
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stipulated for assignment of the expert title and then initiates the process
electoral.
Article 54.
Board of specialty
1-Each specialty college is directed by a specialty board,
made up of a president, a secretary and three vowels elected for three years by the
members of the respective specialty, in accordance with approved own regulation
by the national direction.
2-The president has at least five years of exercise of the specialty.
Article 55.
Competence
Compete for the specialty board:
a) Propose to the national direction the criteria for awarding the title of psychologist
specialist;
b) To assign the title of specialist psychologist in the field of the respective financial year
professional of psychology;
(c) to draw up and maintain updated the general framework of expert psychologists;
d) Promoting the narrowing of scientific and professional relations in the framework
national and international in each specialty;
e) Zelar by the scientific, technical and professional valorisation of its members;
(f) to draw up minutes of their meetings.
Chapter III
Members
Section I
Inscription
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Article 56.
Compulsion
1-A award of the professional title, its use, and the exercise of the profession of
psychologist, in any sector of activity, depend on enrolment in the Order, as
effective member.
2-Residents residing in Portugal who have the educational qualifications and
professionals equivalent to those of Portuguese citizens for the exercise of the profession of
psychologist, pursuant to the applicable legal and international provisions, are subject to
inscription on the Order.
Article 57.
Inscription
1-Havendo regional delegations, enrollment is made in the professional domicile
of the psychologist.
2-A enrollment in the Order can only be refused on grounds of lack of
legal qualifications for the exercise of the profession, safeguarding the expulsion foreseen in the
d (d) of Article 79 (1).
3-A enrollment in the Order can be made in any of the specialties
recognized by the Order.
Article 58.
Professional ballot
1-With the admission of the inscription is issued professional ballot signed by the
bastonary.
2-A Professional ballot will have the model to be approved in general assembly.
Article 59.
Suspension and cancellation
1-Are suspended from the Order the members who:
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a) They are subject to the disciplinary measure of suspension;
b) On your initiative, together with your regional delegation, require suspension;
c) Members who find themselves in a situation of incompatibility with the exercise
of the profession of psychologist.
2-It is cancelled the enrollment in the Order to members that:
a) shall be subject to the disciplinary measure of expulsion;
b) Leave to exercise, voluntarily, the professional activity, and that so
demonstrate before their regional delegation.
3-A sanction of suspension of enrolment for more than six months and that of cancellation
of the inscription may be enacted by court decision, preceding procedure
judicial.
Article 60.
Not payment of quotas
The non-payment of quotas, for a period of more than one year, in the terms to be defined by
regulation, implies the suspension of the rights provided for in Article 67, save the constant
of paragraph (c).
Section II
Categories
Article 61.
Categories of members
The Order has effective, corresponding, honorary and benemeric members.
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Article 62.
Effective members
They are admitted as effective members all graduates in psychology who
to exercise the profession in the terms provided for in this statute.
Article 63.
Matching members
They are admitted as the corresponding members:
a) Portuguese citizens licensed in psychology who exert their activity in the
foreign;
b) Members of foreign associations congeners who confirm equal treatment
to members of the Order.
Article 64.
Honorary members
1-Are admitted as honorary members to natural or legal persons
that, by exercising or having exercised activity of recognized public interest and
contributed to the dignified and the prestige of the profession of psychologist, be
considered to be worthy of such distinction.
2-A The quality of honorary member is conferred by the proposal submitted by the
national direction and approved by the general assembly.
Article 65.
Benemeric members
1-Are admitted as benemeric members to natural or legal persons
which, having provided pecuniary or patrimonial input in favour of the Order, are
considered to be worthy of such distinction.
2-A The quality of honorary member is conferred by the proposal submitted by the
national direction and approved by the general assembly.
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Section III
Rights and duties of members
Article 66.
Rights of the actual members
They constitute rights of the actual members:
a) The exercise of the profession of psychologist;
b) To be supported by the Order for the defence of your professional rights and interests;
c) To be informed about all studies, provisions and opinions relating to the
exercise of the profession;
d) Rewant the allocation of skill levels as well as of securities of
specialization;
e) Sugest and discuss the creation of specialties;
(f) to benefit from the editorial activity and to use the services offered by the Order:
g) Eleger and be elected to the organs of the Order;
h) Participate in the activities and carry out any functions within the framework of the Order, in the
terms of the statute;
i) Participate and benefit from the social, cultural, recreational and scientific activity of the
Order.
Article 67.
Duties of the actual members
They constitute duties of the actual members:
(a) scrupulously adhere to the principles set out in the deontological code;
b) Pressure to commissions and working groups the collaboration that is requested to them;
c) To contribute to the good reputation of the Order and seek to broaden its scope of
influence;
(d) perform the duties for which they are designated;
(e) to comply with and enforce the deliberations of the organs of the Order;
f) Paying the quotas and the remaining regulatory burdens;
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g) Update yourself professionally;
h) Aging solidarily in the defence of the collective interests of the members of the Order.
Article 68.
Rights and duties of the corresponding members
1-Constituts rights of the corresponding members those laid down in paragraphs (c)
and f) of Article 67.
2-Constituts duties of the members corresponding to those set out in paragraphs
a) and (c) of Article 68.
Article 69.
Rights of honorary members
It constitutes the right of the honorary members to be listed in point (c) of Article 67.
Chapter IV
Financial regime
Article 70.
Recipes
They constitute revenue of the Order;
a) the quotas paid by its members;
b) Product of the sale of its publications;
c) Donations, inheritances, legacies and subsidies;
d) the income of goods that are affected by it;
e) Revenue from activities and projects;
f) Other revenue from own goods or by provision of services.
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Article 71.
Expenses
They constitute expenditure of the Order as for installation and expenditure on the staff,
maintenance, operation and all necessary for the pursuit of its objectives.
Article 72.
Exemption from expense, prepares and tax of justice
The Order is exempt from the expense, prepares and tax of justice in any process
in which he intervenes.
Chapter V
Disciplinary regime
Article 73.
Principle of responsibility
1-The members of the Order respond disciplinarily, in the terms of the present
status and disciplinary regulations.
2-A disciplinary responsibility is independent of civil liability and
criminal.
Article 74.
Disciplinary jurisdiction
The exercise of disciplinary action competes with disciplinary boards, the council
jurisdictional and national direction.
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Article 75.
Disciplinary offence
1-Consider disciplinary infringement all action or omission that consists in
rape or culpable violation, by any member of the Order, of the duties consigned
in the statute, the deontological code or the regulations.
2-Any natural or legal person may give notice to the Order of acts
likely to constitute disciplinary infringement practiced by enrolled psychologist.
Article 76.
Prescription of disciplinary responsibility
1-The disciplinary offences prescribe within five years of the
practice of the act or the last act in case of continued practice.
2-If the offences constitute simultaneously criminal offences, they prescribe the
same time as the criminal procedure, if this is superior.
3-A disciplinary responsibility also prescribes if, from participation to
any organ of the Order of the offence committed, not to start the procedure
competent disciplinary in a period of five months.
Article 77.
Cessation of disciplinary responsibility
The disciplinary responsibility remains during the period of suspension of the Order,
and not basket with the application for cancellation of the inscription, nor with expulsion, by
previously practised offences.
Article 78.
Disciplinary feathers
1-The disciplinary penalties are as follows:
(a) Warning;
(b) registered censorship;
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c) Suspension up to a maximum of six months;
(d) expulsion.
2-A penalty provided for in subparagraph (a) is applied to the member who disrespects any
instruction or order that is given to him by any of the organs.
3-A penalty provided for in point (b) is applied to the member who commits offence
discipline in the event of gross negligence or that reinced in the offence referred to in the
previous number.
4-A penalty provided for in point (c) is applied to the member who commits offence
discipline that severely affects the dignity and prestige of the profession.
5-A penalty provided for in point (d) is applied to the member who commits offence
discipline that also constitutes a crime punishable with imprisonment of more than two years
or when reincited in the offence referred to in the preceding paragraph.
6-A The application of any of the penalties referred to in number one the member who
exercise some office in the organs of the Order implies the ousting of that post.
Article 79.
Graduation
In the application of penalties must be met with professional and disciplinary background
of the accused, to the degree of culpability, to the seriousness and consequences of the offence and to all
the remaining aggravating or mitigating circumstances.
Article 80.
Resources
1-In the decisions taken jointly by the national direction and the council
jurisdictional not fit within the scope of the Order, without prejudice to the provisions of the
following numbers.
2-Acts practiced by the organs of the Order admit the hierarchical resources
provided for in this statute, being the eight-day interposition deadline when
another special is not pointed out.
3-Of the definitive and enforceable acts of the organs of the Order shall be appetizing
contentious for the administrative courts of the general terms of law.
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Chapter VI
Professional deontology
Article 81.
General principles
In the exercise of their professional activity, they must be respected by the psychologist the
following general principles:
a) Actuate with independence and professional exemption;
(b) Prestigious and dignifying the profession;
c) Put your capacity in the service of the public interest;
d) Empaining themselves in the establishment of a social cooperation dynamic with the
objective to improve individual and collective well-being;
f) Defend and make advocation for professional secrecy;
(g) require its members and collaborators to respect the confidentiality;
h) Use the scientific instruments appropriate to the rigor required in the practice of your
profession;
j) Knowing and acting with respect for legal and regulatory precepts;
(l) comply with the mismatch standards that are due to the law.
Article 82.
General duties
The psychologist must, in his or her professional activity:
a) Abster to sanction documents or to make statements that unduly
result in own or outrain favourition;
b) Avoid the misrepresentation of the interpretation of the content, explicit or implicit, of
documents of technical support for the exercise of the profession, with the aim of deluding good faith
of an outrain;
c) Defend the principles of the ethics of the profession, refusing to collaborate or participate in
any service or endeavor that judges to hurt these principles;
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d) Recuse any interferences in the exercise of their activity that they put in
cause technical-scientific or ethical aspects of the professional exercise, whatever they are
its hierarchical functions and dependencies or the place where it carries out its activity.
Article 83.
Deontological code
The Order shall draw up, maintain and update the Deontological Code of Psychologists.
Article 84.
Incompatibilities
1-Psychologists will not be able to exercise more than one post, at the same time, in the
statutory bodies of the Order.
2-Any professional activities developed simultaneously with the
activity of psychologist who propitie ambiguity concerning the exercise of the profession
or that hinder the delimitation of that exercise.
3-The rest referred to in the Deontological Code;
Article 85.
Professional secret
The psychologist is found to be subject to professional secrecy in everything that concerns the
facts that are revealed by the client in the context of any professional matters.
Article 86.
Duties to the Order
The psychologist, in the exercise of his profession shall:
(a) respect the present statute and regulations of the Order;
(b) comply with the deliberations of the Order;
(c) to collaborate in the tasks of the Order and to exercise the posts for which it has been
elected;
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d) Paying punctually the quotas due to the Order that are established in the
terms of this statute;
e) Communicate, within thirty days, any change of professional domicile.
Article 87.
Reciprocal duties among psychologists
The psychologist, in the exercise of his profession, shall:
(a) respect the work of colleagues;
b) Maintain any type of collaboration when it is necessary.
Chapter VII
Transitional provisions
Article 88.
National installer commission
1-Until the realization of the first elections the Order will be interinely managed by
a national installer commission.
2-A national installed commission will be made up of the direction of the Association
Pro-Order of Portuguese Psychologists in exercise of roles at the date of approval
of the present statutes.
3-A The national installer commission will draw up an internal regulation in which to
will explain the minimum number of its elements, the form of cooptation of new
elements and standards of operation and decision-making.
4-The chairman of the national installer commission, which will have the designation of
interim bastonary will be the chairman of the direction of the Association Pro-Order of the
Portuguese Psychologists in exercise of duties at the date of approval of gifts
statutes.
5-The warrant of the national installer commission will have a duration never exceeding
two years from the date of the approval of these Statutes.
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Article 89.
Competence of the national installer commission
It is incumbent on the national installer commission:
a) Accept inscriptions in the Order pursuant to Articles 4, 57, 63 and 91;
(b) to elaborate and maintain updated the general framework of psychologists;
(c) directing the activity of the order at the national level in accordance with the present
status;
d) Give opinions and information to public and private entities, for compliance
of the assignments provided for in Article 4;
e) Proceed to the convening of the first elections pursuant to this statute, until
30 days before the expiry of your term of office.
Article 90.
Inscription on the Order
1-Psychology professionals with higher academic training and curriculum
that integrand recognised training and practice in the area of psychology will be able to, within the
12 months from the approval of these Statutes, apply for your enrolment in the
Order, for effect of the provisions of Article 4.
2-A acceptance of the inscription requires a two-thirds majority of the members of the
national installer commission.
Palace of Saint Benedict, September 8, 2005.
The Deputies of the PSD Parliamentary Group
