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The First Amendment To The Statute Of The Order Of Nurses, Approved By Decree-Law No 104/98, Of 21 April

Original Language Title: Procede à primeira alteração ao Estatuto da Ordem dos Enfermeiros, aprovado pelo Decreto-Lei n.º 104/98, de 21 de Abril

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CHAIR OF THE COUNCIL OF MINISTERS

Proposal for Law No. 268 /X/4.

1

Exhibition of Motives

The Order of Nursing, as a professional public association, was created by the

Decree-Law No 104/98 of April 21, having the same diploma approved of its Statute,

in the direction of promoting and regulating the discipline of the professional practice of nurses,

in terms of ensuring compliance with the inherent deontological standards, ensuring the

pursuit of the public interest and dignity of the exercise of nursing.

The recognition of the importance of nurses in the professional and scientific community

in the health system is now also substantiated by the amendment of the Statute, by way of

of the developments verified in the 11 years in the meantime decorated. Effectively, the changes in the

health system and in the education system, as well as the changes themselves in the activity of

nursing, pose new challenges and requirements as to professional development

of the nurses, so amending the Statute of the Order of Nurses reveals itself

appropriate to new requirements, redefining the conditions of access to the profession. Pretends,

thus ensuring that the Order of Nursing possesses the indispensable mechanisms for the

warranty of the exercise of the profession by whom it is holder of the necessary qualifications for

a quality nursing exercise.

In particular, a tuteled professional exercise period is planned for the assignment of the

definitive title of nurse practitioner and defines the specific framework for the assignment of the

title of expert.

On the other hand, instrumental changes are made as they are the composition and the

competencies of the nursing board and the creation of technical commissions for the

advise.

CHAIR OF THE COUNCIL OF MINISTERS

Proposal for Law No. 268 /X/4.

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Finally, transitional arrangements are envisaged with a view to facilitating the move to the

current system of admission and assignment of professional titles, safeguarding the

possibility of option to all students who find themselves enrolled in the courses of

degree in Nursing, prior to the entry into force of this Law.

It was heard the Order of Nursing.

The Board of Rectors of the Portuguese Universities and the Council shall be heard

Coordinator of the Higher Polytechnic Institutes.

Thus:

Under the terms of the paragraph d) of Article 197 (1) of the Constitution, the Government presents to the

Assembly of the Republic the following proposal for a law:

Article 1.

Amendment to the Status of the Order of Nursing

Articles 1, 2, 3, 7, 9, 20, 27, 28, 29, 30, 34, 40, 40, 40, 40, 40, 40, 40, 40, 40, 40

77, 93, 94, 98, and 100 and 100 of the Statute of the Order of Nursing, approved by the

Decree-Law No. 104/98 of April 21, shall be replaced by the following:

" Article 1.

[...]

1-A Order of Nurses, hereafter abbreviately designated by Order,

is the representative public association of the registered nurses with habilitation

academic and professional law legally required for the exercise of the respective

profession.

2-[...].

CHAIR OF THE COUNCIL OF MINISTERS

Proposal for Law No. 268 /X/4.

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Article 2.

[...]

1-[...].

2-[...]:

a) [...];

b) [...];

c) [...];

d) The regional section of the Autonomous Region of the Azores;

e) The regional section of the Autonomous Region of Madeira;

3-[ Revoked ].

4-[...].

5-[ Revoked ].

Article 3.

[...]

1-[...].

2-[...]:

a) [...];

b) [...];

c) [...];

d) [...];

e) Regulate the conditions of enrolment in the Order of Nursing and

of readmission of professional exercise, in the legally terms

applicable;

CHAIR OF THE COUNCIL OF MINISTERS

Proposal for Law No. 268 /X/4.

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f) Check the satisfaction of the conditions of enrolment to which the

articles 6 and 7;

g) Assign the professional title of nurse practitioner and specialist nurse practitioner

with issuance of the inert professional ballot;

h) Carry out and keep up to date the registration of all nurses;

i) [ Previous point (g) ];

j) [ Previous point (h) ];

l) [ Previous point (i) ];

m) [ Previous point (j) ];

n) [ Previous point l) ];

o) [ Previous point (m) ];

p) [ Previous paragraph (n) ];

q) [ Previous point (o) ].

3-[...].

Article 6.

[...]

1-[...].

2-A enrollment in the Order is done in the regional section of the area of residence or

professional domicile of the candidate.

3-Can sign up in the Order:

a) The holders of Portuguese upper courses, which confirm, at the date

of the completion, the legally required habilitation for the initial training

in nursing;

CHAIR OF THE COUNCIL OF MINISTERS

Proposal for Law No. 268 /X/4.

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b) The holders of the general nursing course or legal equivalent;

c) The holders of senior foreign nursing courses, which

have obtained equivalence, in the legal terms, to a higher course of

Portuguese nursing.

4-Can also sign up in the Order:

a) The nationals of member states of the European Union in the terms of the

applicable standards;

b) The nationals of other states with whom Portugal has concluded

agreement, in the terms provided for in special law.

5-To candidates who have not made their training in establishment

of Portuguese education is required, in the regulatory terms, the subjection to a

proof of communication that aims to assess the ability to understand and

communication, in Portuguese language, within the scope of the professional exercise of

nursing.

6-[ Previous Article No 5 ].

7-Compete for regional governing boards to accept or refuse enrollment

as an effective member of the Order, the candidates from the area of the regional section.

8-Accept the inscription, is issued provisional professional ballot signed by the

bastonary.

Article 7.

[...]

1-The title of nurse practitioner recognizes scientific, technical and human competence

for the provision of general nursing care to the individual, the family and the

community, at the three levels of prevention.

CHAIR OF THE COUNCIL OF MINISTERS

Proposal for Law No. 268 /X/4.

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2-The title of nursing is assigned to the member who makes proof of habilitation

legal in Nursing, provided that verified the requirements set out in paragraphs 3

and 4 of the previous article and in the conditions of the following article.

3-The title of specialist nurse practitioner recognizes scientific competence,

technical and human to provide, in addition to general care, care of

nursing specialty nursing in specific areas of nursing.

4-The title of specialist nursing is assigned to the holder of the title of

nurse practitioner, after weighting of the formative and certification processes of

skills, in a clinical area of expertise.

5-The titles are awarded by the Order, pursuant to paragraphs 2 and 4, and inscribed

on the professional ballot.

Article 8.

[...]

1-[...].

2-A enrollment as an effective member process in the terms provided for in the

articles 6 and 7, with the issuance of definitive professional ballot.

3-[ Previous Article No 4 ].

4-[ Previous Article No 5 ].

Article 9.

[...]

1-[...]:

a) [...];

b) [...];

CHAIR OF THE COUNCIL OF MINISTERS

Proposal for Law No. 268 /X/4.

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c) [...].

2-[...]:

a) [...];

b) [...];

c) To members who have not attended or have not obtained

take advantage of the assessment referred to in Article 7.º-A.

3-A Professional ballot is always returned to the Order, by the holder, in the

situations provided for in the preceding paragraphs.

Article 12.

[...]

[...]:

a) [...];

b) [...];

c) [...];

d) [...];

e) [...];

f) [...];

g) [...];

h) [...];

i) [...];

j) [...];

l) [...];

CHAIR OF THE COUNCIL OF MINISTERS

Proposal for Law No. 268 /X/4.

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m) [...];

n) Approve new specialties, upon proposal of the council

directive;

o) [ Previous paragraph (n) ].

Article 20.

[...]

1-[...]:

a) [...];

b) [...];

c) [...];

d) [...];

e) [...];

f) [...];

g) Assign the quality of corresponding member;

h) [...];

i) [...];

j) Propose to the approval of the general assembly the creation of new

specialties;

l) [ Previous point (j) ];

m) [ Previous point l) ];

n) [ Previous point (m) ];

o) [ Previous paragraph (n) ];

CHAIR OF THE COUNCIL OF MINISTERS

Proposal for Law No. 268 /X/4.

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p) [ Previous point (o) ];

q) [ Previous paragraph (p) ];

r) [ Previous point (q) ];

s) [ Previous point r) ];

t) [ Previous point (s) ];

u) [ Previous point (t) ].

2-[...].

Article 27.

[...]

1-The tax council is composed of a president, a vice president and

five vowels.

2-The president and the vice chairman of the tax council are elected by suffrage

direct and universal, from among the actual members with at least five

years of exercise of the profession.

3-The vowels are, by inherence, the chairmen of the regional tax councils.

Article 28.

[...]

[...]:

a) [...];

b) [...];

c) [...];

d) [...];

CHAIR OF THE COUNCIL OF MINISTERS

Proposal for Law No. 268 /X/4.

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e) [...];

f) Participate, without a right to vote, at the meetings of the governing board,

whenever this one considers it convenient.

Article 29.

[...]

1-The nursing board is composed of a president and 10 vowels and is

the professional body of the Order.

2-The President and five vowels are elected by direct and universal suffrage,

in one list.

3-The remaining five vowels are, by inherence, the chairs of the councils

of regional nursing.

4-The members of the nursing board have to hold at least five

years of professional exercise.

5-The chair of the nursing board has to hold at least 10 years

of professional exercise.

6-The members referred to in paragraph 4, if they are specialists, have to be holders

of different specialties.

Article 30.

[...]

[...]:

a) Define the criteria and the validation matrix for the individualization of the

specialties;

b) Draw up the regulation for the process of recognition of new

specialties, to be proposed to the governing board;

CHAIR OF THE COUNCIL OF MINISTERS

Proposal for Law No. 268 /X/4.

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c) Recognizing specialties in nursing to propose to the board

directive;

d) To draw up the regulation of individual skills certification to

propose to the governing board;

e) To draw up the regulation of assigning of the title of the nursing and the

specialist nurse practitioner, to propose to the governing board;

f) Set the standards of nursing care, to propose to the board

directive;

g) Follow up the development of methods, instruments and

programmes for continuous improvement of the quality of care, at the level

national and international;

h) Collaborate with national or international entities within the framework of

quality;

i) Keep up with the professional exercise and nurture and accompany the

development of training in nursing;

j) Give advice on training models, the creation and general structure

of the nursing courses;

l) Proceed to the definition of the criteria for the determination of the suitability and

formative capacity of health establishments and services, in the

scope of the professional nursing exercise;

m) Nurturing research in nursing, as a means of

development of the professional exercise;

n) To promote the development of scientific and professional relations,

in the different fields of nursing, at the national level and

international;

CHAIR OF THE COUNCIL OF MINISTERS

Proposal for Law No. 268 /X/4.

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o) Carry out studies and deliver opinions on specific subjects of

nursing;

p) Supporting the governing and jurisdictional board in professional affairs

in the field of general nursing care;

q) Elaborate and approve your internal regulation.

Article 31.

[...]

1-The nursing board works at the headquarters of the Order and gathers by

convocation of its president.

2-Support the functioning of the nursing board the commission of

certification of competences, the quality commission of care of

nursing and the commission of research and development.

3-The nursing board prepares the regulation of commissions.

4-In the first session of each quadriennium the nursing board designates,

of among its elected members, those who integrate each of the committees and,

of these, what preside.

5-The nursing board is advised by recognized experts

competence in the scope of training accreditation, individual certification

of skills and research and development as well as in scope

of the quality of nursing care, integrating the same, the

respective committees, in the terms of the regulation.

6-The experts referred to in the preceding paragraph shall be appointed by the council

directive, on a proposal from the nursing board.

CHAIR OF THE COUNCIL OF MINISTERS

Proposal for Law No. 268 /X/4.

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7-In the specific technical areas the nursing board is advised

by the presidents of the colleges of the specialties.

Article 34.

[...]

1-[...].

2-[...]:

a) [...];

b) [...];

c) [...];

d) [...];

e) [...];

f) [...];

g) Deliberating on acceptance and refusal to sign up as a member

effective of the Order;

h) Promote the registration of the actual members, issue the ballots

professionals and carry out the respective revalidation;

i) Ensure the necessary conditions for the effectivation of the process of

individual certification of competences;

j) [ Previous point (h) ];

l) [ Previous point (i) ];

m) [ Previous point (j) ] ;

n) [ Previous point l) ];

CHAIR OF THE COUNCIL OF MINISTERS

Proposal for Law No. 268 /X/4.

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o) [ Previous point (m) ] ;

p) [ Previous paragraph (n) ] ;

q) [ Previous point (o) ] ;

r) [ Previous paragraph (p) ].

Article 37.

Composition and competence

1-The regional nursing board is made up of a president and

four vowels, being elected on a single list, by direct suffrage.

2-The members referred to in the previous point, if they are specialists, have to

be holders of different specialties.

3-[ Previous n. º2 ].

a) Promoting the development and scientific, technical, cultural and

professional of its members at the regional level;

b) To ensure compliance with the quality standards of care for

nursing and for the quality of the professional exercise of nurses;

c) Stimulate the implementation of systems for continuous improvement of the

quality of the professional exercise of the nurses;

d) Accompany the professional exercise in the area of the respective section

regional;

e) Follow up on the development of training and research in

nursing in the area of the regional section;

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Proposal for Law No. 268 /X/4.

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f) Check the fulfilment of the requirements set out in Article 6 and 7.

for the purpose of enrolment in the Order, in the area of the respective section

regional, in accordance with the respective regulation;

g) Ensuring the realization of the individual certification process of

skills, in the area of the respective regional section, according to the

respective regulation;

h) To propose to the regional governing board the admission to the Order, in the area of

respective regional section;

i) Assign the titles of nurse practitioner and nurse specialist.

Article 39.

[...]

1-[...].

2-[...].

3-[...].

4- [ Revoked ].

Article 40.

[...]

1-[...].

2-[...].

3-Whenever it proves necessary to proceed to mid-term elections for

any of the organs of the Order, the respective mandate shall not exceed the duration

of the mandate of the remaining bodies.

CHAIR OF THE COUNCIL OF MINISTERS

Proposal for Law No. 268 /X/4.

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Article 77.

[...]

1-[...]:

a) Medical information and product marketing delegate

doctors or partner or company manager with such activity;

b) Pharmacist, pharmacy technician or owner, partner or manager of

proprietary pharmacy company;

c) Owner, partner or manager of proprietary laboratory company

of clinical analysis, preparation of pharmaceutical products or of

technical-sanctuary equipment;

d) Owner, partner or manager of agency owning agency

mortuary;

e) [...].

2-[...].

3-[...].

Article 93.

[...]

[...]:

a) The percentage of the product of the enrolment fees or others, set at

general assembly;

b) The percentage of the amount of the monthly contributions of your

members, fixed by the general meeting;

CHAIR OF THE COUNCIL OF MINISTERS

Proposal for Law No. 268 /X/4.

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c) The product of the editorial activity;

d) The product of the provision of services and other activities;

e) Legacies, donations and subsidies;

f) [ Previous point (g) ]:

g) [ Previous point (h) ];

h) [ Previous point I )].

Article 94.

Revenue from regional sections

They constitute revenue from the regional sections:

a) The percentage of the product of the enrolment fees or other affections to the

respective regional section, set at the general meeting;

b) [ Previous point (a) ];

c) [ Previous point (b) ];

d) [ Previous paragraph (c) ];

e) [ Previous point (d) ].

Article 98.

Conditions for the exercise of the members of the organs of the Order

1-Members of the executive bodies of the Order who are employees by

account of others are entitled, for the exercise of their duties in the framework of

posts for which they were elected, to:

CHAIR OF THE COUNCIL OF MINISTERS

Proposal for Law No. 268 /X/4.

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a) Unpaid leave, with the maximum duration of the respective

mandate, to be allocated under the employment law applicable to each

worker;

b) A credit of hours corresponding to 24 days of work per year, which

can use in half-day periods, which count, for all the

legal effects such as effective service.

2-Members of the non-executive bodies of the Order shall enjoy the right to

24 justified falters, which count for all legal effects as a service

effective, save as to remuneration or retribution.

3-A The communal order, by idoidal and safe means, including mail

electronic, to the employing entities of which they depend on the members of the

your organs, the dates and the number of days that these need for the

exercise of the respective functions.

4-A communication provided for in the preceding paragraph is made in advance

minimum of five days, or, in case of meetings or activities of nature

extraordinary of the organs of the Order, as soon as they are summoned.

Article 100.

[...]

1-In all, how much is not provided for in this Statute and in the

regulations drawn up by the jurisdictional board, regarding the instruction

and to the tramping of the disciplinary procedure, follows, with the necessary

adaptations, the Disciplinary Status of Workers Performing Duties

Public.

2-[...]. "

CHAIR OF THE COUNCIL OF MINISTERS

Proposal for Law No. 268 /X/4.

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Article 2.

Addition to the Statute of the Order of Nursing, approved by the Decree-Law

n. 104/98, of April 21

Articles 7-A, 7-B and 31-A, to the Statute of the Order of Nursing, are adjourned.

approved by Decree-Law No. 104/98 of April 21, with the following wording:

" Article 7.

Tuteled professional exercise

1-The exercise of the nursing profession implies the initial frequency of a

tuteled professional exercise phase.

2-The tutelage professional exercise period has an initial duration no

greater than nine months, counted from the date of the placement in

establishment provider of health care whose suitability is

recognized for the purpose.

3-After the completion of the tuteled professional exercise period, in the event of

verification of negative opinion, duly substantiated, issued by

clinical supervisor, there is place for the final assessment of harnessing by a

jury duly accredited by the Order.

4-In cases where the assessment referred to in the preceding paragraph confirms the

opinion negative, the Order maintains the transient nature of the inscription

initially assigned, until the completion of new exercise period

tuteled professional, of a duration not exceeding six months, and without prejudice to the

provisions of the following number.

5-If the person concerned does not attend the second period of professional exercise

tuteled, or ending it without harnessing, the inscription is cancelled.

6-The period of tuteled professional exercise is always remunerated, in the

general terms.

CHAIR OF THE COUNCIL OF MINISTERS

Proposal for Law No. 268 /X/4.

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7-Procedures for clinical supervisors, designated by the

Order from among nurses, the conditions of their intervention, the parameters

of appreciation of the tuteled professional exercise, as well as the remaining aspects

regulations, are established by the portaria to be issued by the member

Government responsible for the area of health.

Article 7-B

Title of specialist nurse practitioner

1-The title of specialist nurse practitioner recognizes scientific competence,

technical and human to provide, in addition to general care, care of

specialist nursing in the clinical area of your specialty and is assigned

to professionals who, already holders of the title of nursing, meet the

conditions required and possess one of the following qualifications:

a) Postgraduate courses which, in the terms of the diploma of institution,

confirm competence for the provision of specialized care.

b) They have shown, in the exercise of their duties, during period

temporal appropriate to the respective clinical areas of specialization,

proven technical habilitation and professional experience.

2-In any of the cases set out in the preceding paragraph, the assignment of

title for the exercise of the competent specialty depends on the

recognition, on the part of the Order, of the corresponding competences.

3-The procedures and too much conditions for the recognition provided for in the

previous number are defined by porterie of the member of the Government

responsible for the area of health, heard the ministry responsible for the area of the

higher education.

CHAIR OF THE COUNCIL OF MINISTERS

Proposal for Law No. 268 /X/4.

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4-The curricula of the postgraduate courses referred to in the a) of paragraph 1, well

as the legal instruments for your approval, lack the opinion of the

Order.

Article 31 To

Colleges of specialties

1-The colleges of the specialties are the professional bodies, constituted

by the members who hold the professional title of the respective specialty.

2-Each college elects a table, with a president and two secretaries, by

direct and single-list suffrage, from among its members, with at least

five years of specialized professional exercise.

3-The presidents of the colleges of the specialties integrate the commission of

research and development.

4-Are competences of the colleges of specialties:

a) To promote the development of scientific and professional relations,

among the members of the specialty;

b) Elaborate studies on specific subjects of the specialty;

c) Define the specific skills of the specialty, to be proposed to the

directive board;

d) Draw up formative programmes in the respective specialty, to be proposed to the

directive board;

e) Accompany the specialist professional exercise;

f) Set quality standards of nursing care

specialized and to ensure that they are complied with in the financial year

specialized professional;

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Proposal for Law No. 268 /X/4.

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g) Elaborate and approve your internal regulation.

5-Are competences of the table of the college:

a) Drive the work of the college;

b) To follow up on the deliberations of the college;

c) Issue opinions, in accordance with the one set out in the Regulation

internal;

d) Support the governing and jurisdictional boards in professional affairs

in the field of specialized nursing care;

e) Draw up a biennial report on the state of the development of the

specialty and recommendations.

6-The opinions in the specific scientific and technical area are binding. "

Article 3.

Abrogation standard

Paragraphs 3 and 5 of Article 2 (4), Article 39 (4) and Article 99 of the Staff Regulations are repealed.

of the Order of Nursing, approved by the Decree-Law No. 104/98 of April 21.

Article 4.

Transitional standards

1-Keep in place the titles of nurse and nurse specialist assigned to the

shelter from the previous regime.

2-Nursing course holders, the training of which has been completed before the

entry into force of the amendments made by this Act in the Statute of the Order of the

Nurses by the present law, and those who complete the degree course in Nursing

by December 31, 2009, as well as all those who require their enrolment in the Order

CHAIR OF THE COUNCIL OF MINISTERS

Proposal for Law No. 268 /X/4.

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of the Nurses up to that date, are entitled to be assigned the title of nurse practitioner

in accordance with the regime constant in Articles 6, 7 and 8 of the said Statute in its

originated version.

3-The holders of the habilitations referred to in Portaria No 268/2002 of March 13, whose

formation if it commenced before the entry into force of this Law, as well as those

that they are holders of legally instituted courses before the entry into force of that

would portaria and who confer right to the title of expert, are entitled to be

assigned the title of specialist nurse practitioner, in the respective clinical area, for the effects

provided for in Article 7 (3) of the Statute of the Order of Nursing in its version

originary.

4-Students who find themselves enrolled in the degree course in Nursing before the

entry into force of the amendments made by this Law Statute of the Order of the

Nurses, are entitled to opt for:

a) Require to be assigned the title of nurse practitioner under the terms of the scheme

constant in Articles 6, 7 and 8 of the Statute of the Order of Nursing in its

originated version,

b) Require to be assigned the title of nurse practitioner under the terms of the scheme

constant in Articles 6, 7 and 8 of the Statute of the Order of Nursing in the

wording given by this Law.

5-The elections of the chair of the tax council, of the members of the nursing board

and of the regional nursing boards, and the directions of the colleges, provided for in the

articles 27, 29 and 37 of the Statute of the Order of Nursing, in the wording given by the

present law, they carry out up to 150 days after the publication of this Law.

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Proposal for Law No. 268 /X/4.

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6-The regulations of the process of individual competency certification, of

weighting of formative processes, of determination of idoneity and capacity

formative of health establishments and services and the allocation of professional titles

of nurse practitioner and specialist nurse practitioner, are approved by the general assembly, up to 120

days after the taking of possession of the nursing board, may the deadline be extended

for equal period.

7-A enrolment as an effective member of the Order and the assignment of the professional titles of

nurse and specialist nurse practitioner prosecute under the terms of Articles 6, 7 and 8.

of the Statute in its originary version for a period of 150 days after the approval of the

regulations referred to in the preceding paragraph, may the time limit be extended by equal

period.

8-The governing board appoints a commission consisting of nursing care nurses

general and of each of the specialties recognized by the Order, at the date of the publication of the

this law, which it proposes to the regional governing boards for admission and allocation of the

nursing and nursing specialist titles within the term and terms set out in Article 7 of the

Status of the Order of Nursing, in the wording given by this Law.

9-The internal regulations of colleges are approved in a high school assembly, up to 120

days after taking possession of the table of the college, may the deadline be extended by equal

period.

Article 5.

Courses obtained in Portuguese-speaking countries

1-During the period of one year from the entry into force of this Law, it may also

be awarded the title of the nurse under Article 6 of the Statute of the Order of the

Nurses, in the wording given by this Law, to professionals enabled with courses

of nursing, of a non-higher level, completed in the Portuguese official speaking countries,

by national citizens of those countries or of Portuguese nationality since,

cumulatively, these courses:

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Proposal for Law No. 268 /X/4.

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a) Be officially recognized in the country in which it was imparted, and in it give access to the

exercise of the activity of nurse practitioner;

b) They have been provided in educational establishment recognised by the

competent authorities of the respective country;

c) They have been completed, with use, by December 31, 1992;

d) They possess the minimum duration of three years in full time;

e) Possess plan of studies similar to one of the study plans of the course of

general nursing approved in Portugal from 1965.

2-Are still necessary conditions for the assignment of the title of nurse to verification

that the holders of the courses referred to in the preceding paragraph were to be integrated into the

nursing career in Portugal at the start date of the statute of the Order of the

Nurses approved by the Decree-Law No. 104/98 of April 21 and the verification of the

possession of an overall schooling equivalent to an schooling with one of the following

levels:

a) At the minimum of 10 years of schooling, for the courses started up to the academic year

of 1978/1979;

b) To the supplementary course of secondary education, for the courses started from the

lective year 1979/1980;

c) At 12 th year of schooling for the courses started from the academic year

1988/1989.

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Proposal for Law No. 268 /X/4.

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3-For the purposes of the previous figures, the person concerned must submit an application

directed at the Bastonary of the Order of Nursing, accompanied by the following

documents:

a) Diploma, letter of course, certificate or legally equivalent document, donde

consents the date of completion of the nursing course;

b) Study plan of the course, with indication of the curriculum units, hourly load

total and by discipline, including theoretical teaching, practical, theoretical-practical and teaching

clinical;

c) Document issued in Portugal by the relevant departments of the ministry

responsible for the area of higher education, proving the equivalence of the

general education possessed;

d) Photocopy of the identity card or passport.

4-In the case of those concerned who wish to apply for enrolment with the Order and

prove to be integrated in the nursing career provided for in the Decree-Law

n ° 437/91 of November 8, do not possess all the documents referred to in the

previous number, the Order of Nursing evaluates, for the purpose of allotment of the title

nurse practitioner, their experience having on a demonstrative account to be issued by the

directional board of the Regional Health Administration of the area of activity,

or by the maximum management body of the hospital in which they are found to be performing duties.

5-In the event of any misgivings, as to the requirements referred to in the preceding paragraphs,

may the Order of Nursings contact directly, or through the

Embassies of Portugal or consular services, the competent authorities of the

respective countries.

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Article 6.

Republication

It is republished in annex, which is an integral part of this Act, the Statute of the Order of the

Nurses, approved by the Decree-Law No. 104/98 of April 21, with the current wording.

Article 7.

Entry into force

This Law shall come into force on the January 1, 2010.

Seen and approved in Council of Ministers of April 9, 2009

The Prime Minister

The Minister of the Presidency

The Minister of Parliamentary Affairs

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ANNEX

STATUS OF THE ORDER OF NURSES

CHAPTER I

General provisions

Article 1.

Nature

1-A Order of the Nurses, hereafter abbreviated by Order, is the

public association representative of the nurses enrolled with academic habilitation and

professional legally required for the exercise of the respective profession.

2-A Order enjoys legal personality and is independent of the organs of the State, being

free and autonomous within the scope of its assignments.

Article 2.

Scope

1-A Order exercises the assignments conferred in this Statute on the territory of the

Portuguese Republic, has its registered office in Lisbon and consists of regional sections.

2-The regional sections referred to in the preceding paragraph shall be as follows:

a) The Northern Regional Section, with registered office in the Port and corresponding area of acting

to the districts of Braga, Bragança, Porto, Viana of the Castle and Vila Real;

b) The Regional Section of the Centre, with headquarters in Coimbra and area of acting

corresponding to the districts of Aveiro, White Castle, Coimbra Guard, Leiria and

Viseu;

c) The Regional Section of the South, based in Lisbon and corresponding area of acting

to the districts of Beja, Évora, Faro, Lisbon, Portalegre, Santarém and Setúbal;

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d) The regional section of the Autonomous Region of the Azores;

e) The regional section of the Autonomous Region of Madeira.

3-[ Revoked ].

4-A Order may create, where necessary, delegations or other forms of

representation on the national territory.

5-[ Revoked ].

Article 3.

Attributions

1-A Order has as fundamental disigns to promote the defence of the quality of the

nursing care provided to the population, as well as development, the

regulation and control of the exercise of the nursing profession, ensuring the

observance of the rules of ethics and professional deontology.

2-Are attributions of the Order:

a) To ensure the social function, dignity and prestige of the nursing profession,

promoting the professional and scientific valorisation of its members;

b) To ensure compliance with the rules of professional deontology;

c) Contribute, through the elaboration of studies and formulation of proposals, to the

definition of health policy;

d) Define the level of professional qualification of nurses and regulate the

exercise of the profession;

e) Regulate the conditions of enrolment in the Order of Nurses and reentry

of professional exercise, in the legally applicable terms;

f) Check the satisfaction of the conditions for enrolment to which Articles 6 and 7 are referred to;

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g) Assign the professional title of nurse practitioner and nurse specialist with

issuance of the inert professional ballot;

h) Carry out and keep up to date the registration of all nurses;

i) Protecting the title and profession of nurse practitioner by promoting legal procedure

against whom use or exercise the profession illegally;

j) Exercising disciplinary jurisdiction over the nurses;

l) To promote solidarity among its members;

m) To foster the development of training and research in nursing,

pronounce on the training models and the general structure of the courses of

nursing;

n) Be heard in legislative processes that respect the pursuit of their

attributions;

o) Provide the scientific and technical collaboration requested by any national entity

or foreign, public or private, when there is public interest;

p) To promote the exchange of ideas, experiences and scientific knowledge between

its members and counterparts, national or foreign, that if

dedicate themselves to the problems of health and nursing;

q) Collaborate with the class organizations that represent the nurses in

matters of common interest, on its own initiative or on the initiative of those

organizations.

3-It Is still incumbent upon the Order to represent the nurses to the organs of sovereignty and

collaborate with the State and too many public entities whenever they are in question subjects

related to the pursuit of the tasks of the Order, specifically in the actions

to access citizens ' access to health care and nursing care.

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Article 4.

Cooperation

1-A Order may cooperate with any national or foreign organizations, of

scientific, professional or social nature, which aim at the exercise of the nursing profession.

2-A The Order should promote and intensify cooperation, at the international level, in the

domain of the nursing sciences, notably with scientific institutions of the countries

of Portuguese official language and countries of the European Union.

Article 5.

Insignia

The Order is entitled to use emblem, standart and own stamps, of model to be approved

by the general meeting, on a proposal from the governing board.

CHAPTER II

Inscription, titles, members

Article 6.

Inscription

1-A award of the professional title, its use and the exercise of the nursing profession

depend on enrolment as an effective member of the Order.

2-A enrollment in the Order is made in the regional section of the area of residence or domicile

professional.

3-Can sign up in the Order:

a) The holders of Portuguese upper courses, which confirm, at the date of completion,

the legally required habilitation for the initial training in nursing;

b) The holders of the general nursing course or legal equivalent;

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c) The holders of senior foreign nursing courses, who have

obtained equivalence, in the legal terms, to an upper course of nursing

Portuguese.

4-Can also sign up in the Order:

a) The nationals of member states of the European Union in the terms of the standards

applicable;

b) The nationals of other States with whom Portugal has established agreement, or

is bound, in the terms provided for in special law.

5-To candidates who have not done their training in educational establishment

portuguese is required, in the regulatory terms, to be subject to a proof of communication

which aims to assess the ability to understand and communicate, in Portuguese language, in the

scope of the professional nursing exercise.

6-A enrollment in the Order can only be refused on grounds of the lack of qualifications

legal for the exercise of the profession, or in inhibition by judicial sentence carried over in

judged, or by incompatibility of functions.

7-Compete to regional governing boards accept or refuse enrolment as

effective member of the Order, the candidates from the area of the regional section.

8-Accept the inscription, is issued provisional professional ballots signed by the bastonary.

Article 7.

Headings

1-The title of nurse practitioner recognizes scientific, technical and human competence for the

provision of general nursing care to the individual, the family and the community, in the

three levels of prevention.

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2-The title of nursing is assigned to the member who makes proof of legal habilitation in

nursing, provided that the requirements provided for in paragraphs 3 and 4 of the previous article have been verified

and in the conditions of the following article.

3-The title of specialist nurse practitioner recognizes scientific, technical and human competence

to provide, in addition to general care, specialized nursing care in areas

specific nursing.

4-The title of specialist nurse is assigned to the holder of the title of the nurse practitioner, after

weighting of formative processes and skills certification, in a clinical area

of specialization.

5-The titles are assigned by the Order, pursuant to paragraphs 2 and 4, and inscribed on the ballot

professional.

Article 7-The

Tuteled professional exercise

1-The exercise of the nurseryline profession implies the initial frequency of a phase of

tuteled professional exercise.

2-The tutelage professional exercise period has an initial duration not exceeding nine

months, counted from the date of the placement in establishment provider of care of

health whose idoneity is recognized for the purpose.

3-After the completion of the tutelage professional exercise period, in case of verification

of a negative opinion, duly substantiated, issued by clinical supervisor, there is place at

final assessment of harnessing by a jury duly accredited by the

Order.

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4-In cases where the assessment referred to in the preceding paragraph confirms the negative opinion,

the Order maintains the transient nature of the initially assigned inscription, until the conclusion

of new period of tuteled professional exercise, of a duration not exceeding six months, and

without prejudice to the provisions of the following number.

5-If the person concerned does not attend the second period of tuteled professional exercise,

or end without harnessing, the inscription is cancelled.

6-The period of tuteled professional exercise is always remunerated, in the general terms.

7-Procedures for clinical supervisors, designated by the Order of between

nurses, the conditions of their intervention, the parameters of assessment of the exercise

tuteled professional, as well as the remaining regulatory aspects, are established by

would be able to issue by the member of the Government responsible for the area of health.

Article 7-B

Title of specialist nurse practitioner

1-The title of specialist nurse practitioner recognizes scientific, technical and human competence

to provide, in addition to general care, specialized nursing care in the area

clinic of your specialty and is assigned to the professionals who, already holders of the title of

nurse, meet the required conditions and possess one of the following habilitation:

a) Postgraduate courses which, in the terms of the institution diploma, confirm

competence for the provision of specialized care;

b) They have shown, in the exercise of their functions, during time period

appropriate to the respective clinical areas of specialization, proven habilitation

technical and professional experience.

2-In any of the cases constant from the preceding number, the assignment of title to the

exercise of the competent specialty depends on the recognition, on the part of the Order,

of the corresponding competences.

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3-The procedures and too much conditions for the recognition provided for in the number

previous are defined by porterie of the member of the Government responsible for the area of health,

heard the ministry responsible for the area of higher education.

4-The curricula of the postgraduate courses referred to in the a) of paragraph 1, as well as the

legal instruments for your approval, lack the opinion of the Order.

Article 8.

Members

1-A Order has effective, honorary and corresponding members.

2-A enrolment as an effective member process in accordance with the terms provided for in Article 6 and 7,

with issuance of professional ballot.

3-A The quality of honorary member can be awarded to individuals or collectives

whereas, developing or having developed activities of recognised merit and interest

public, have contributed to the digniation and prestige of the nursing profession and

are considered deserving of such a distinction.

4-In the quality of corresponding members can be admitted members of

foreign counterparts that confirm equal treatment to members of the

Order.

Article 9.

Suspension and exclusion of members

1-The inscription and the corresponding exercise of rights shall be suspended:

a) To members who require it;

b) To the members to whom disciplinary penalties for suspension are applied;

c) To members who find themselves in a situation of supervenient incompatibility

with the exercise of the nursing profession.

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2-It is cancelled the inscription:

a) To the members who request it for having left voluntarily to exercise the

professional activity;

b) To members who have been punished with the disciplinary penalty of expulsion;

c) To members who have not attended or have not obtained use

in the evaluation referred to in Article 7.º-A.

3-A The professional ballot is always returned to the Order, by the holder, in the foreseen situations

in the previous numbers.

CHAPTER III

Organization

Article 10.

Organs

1-Are national bodies of the Order:

a) The general meeting;

b) The governing board;

c) The bastonary;

d) The jurisdictional council;

e) The tax council;

f) The board of nursing.

2-Are regional bodies of the Order:

a) The regional assemblies;

b) The regional governing boards;

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c) The regional jurisdictional boards;

d) The regional tax councils;

e) The regional nursing boards.

SECTION I

National bodies of the order

SUBSECTION I

The general assembly

Article 11.

Composition

The general meeting consists of all the nursing staff members with

enrollment in force in the Order.

Article 12.

Competence

It shall compete with the general meeting:

a) Approve the plan of activities and the budget presented by the council

directive;

b) Approve the report and accounts submitted by the governing board;

c) Deliberating on the proposed amendments to the Statutes;

d) Deliberating on proposals from national bodies and approving motions and recommendations

of a professional and associative character;

e) To deliberate on the alteration or extinction of national or regional bodies;

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f) Deliberating on the creation of delegations or other forms of representation, heard

the regional sections, under the terms of this Statute;

g) Set the value of quotas and fees for the issuance and renewal of the ballots

professionals;

h) Set the percentage of the value of the quotization to be allocated to the regional sections;

i) To approve the regulations necessary for the pursuit of the purposes of the Order;

j) To appreciate the activity of national bodies, approve motions and recommendations of

professional and associative character;

l) Take a position on the exercise of the profession, status and guarantees of the nurses;

m) Pronouns on issues of a scientific, technical and professional nature;

n) Approve new specialties, upon proposal of the governing board;

o) Deliberating on all matters that are not understood in the

specific competences of the remaining organs of the Order.

Article 13.

Health

1-A General meeting shall convenor, in ordinary session, until March 31 of

each year, to exercise the powers provided for, inter alia, in the points a) and b) from the

n. 2 of the previous article.

2-A General meeting shall convenor, in ordinary session, until May 30 of the 3.

year of the quadriennium, preferably on the international day of the nurse practitioner, particularly for

exercise the powers provided for in points f) , g) , j) , l) and m) of paragraph 2 of the previous article.

3-A General assembly meets in extraordinary session when the superior interests of the

Order the advisor, on the initiative:

a) From the chairman of the table of the general meeting;

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b) Of the governing board;

c) Of the tax council;

d) From 5% of the nursing staff members, with enrollment in force and in full

exercise of your rights.

4-At the meeting of the general meeting provided for in paragraph 2 may participate in the members

fees and correspondents through their representatives, without the right to vote.

Article 14.

Seat of meetings

1-General meeting meetings can be held in each of the cities ' headquarters

regional sections.

2-The extraordinary meetings of the general assembly are held in Lisbon.

Article 15.

Convocation and disclosure

1-General meeting meetings are convened by the chair of the table, by means of

advertisements published in two national expansion papers, with the minimum advance of

30 days.

2-Documents to be considered in the assembly shall be disclosed to the members with the

minimum advance of 15 days.

3-A convocation of extraordinary meetings shall be made for one of the 15 days following the

application presentation and with the minimum in advance of forty-eight hours on the date

of the respective achievement.

4-Of the convening of the general meeting shall appear on the order of proceedings.

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Article 16.

Operation and validity of deliberations

1-A General assembly takes place on the day and time designated in the convocation, when they are

present 5% of the actual members. In the lack of quorum, it takes place thirty minutes later,

with any number of members.

2-The deliberations of the general meeting are valid when they are respected

formalities of the convocation and to relay on matters of its constant competence of the

order of works.

3-A The change in the order of business by the assembly can only take place when they are

present at least 10% of the members of the Order.

4-The deliberations of the Assembly on proposed amendments to the Statute of the Order only

are valid when suffraged by four-fifths of the respective effective members

present at the meeting.

5-A General assembly convened pursuant to paragraph 5-A d) of Article 13 (3) shall only have

place when at least two thirds of the applicants are present.

6-The faltose applicants are prevented from exercising the right to convene the

general assembly until end of term and for period not less than two years.

Article 17.

Table of the general meeting

1-A The table of the general assembly is composed of a president, a

Vice president and four secretaries.

2-The chairman of the table of the general assembly is elected in the general terms.

3-The vice-president and secretaries are the presidents of the regional assemblies.

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4-Plays the competences of Vice President the President of the regional assembly

on whose head office is held the meeting.

Article 18.

Competence of the members of the table

1-Compete to the President to convene the assembly, pursuant to this Statute, and

direct the meetings.

2-Compete the vice president to replace the president in his or her fallout or impediments.

3-Compete to the Secretaries the elaboration of the minutes, which will be read and approved in the

the following general meeting, and co-adjuvate the president in the necessary acts to the normal

functioning of the assembly.

SUBSECTION II

From the governing board

Article 19.

Composition

1-The governing board is composed of the bastonary and for 10 vowels, of which 5 are

elected in the general terms, the remaining being the Chairpersons of the governing boards

regional.

2-In the first session of each quadriennium, the governing board designates from among its

elected members two vice-presidents, two secretaries and a treasurer.

3-The bastonary may, when judging advisable, convene for the board meetings

directive the chairpersons of the jurisdictional, tax and nursing boards, which they will have,

in that case, right to vote.

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Article 20.

Competence

1-Compete to the governing board:

a) Drive the services of the Order at the national level;

b) Define the position of the Order in the face of the organs of sovereignty and the Administration

Public in respect of relatione with its assignments;

c) Issue opinion on draft legislative diplomas or regulations that

interested in the training for and the exercise of nursing and proposing the changes

understand convenient;

d) Issue opinion, on its initiative or at the request of the competent official entities,

on the various subjects related to the exercise of nursing,

specifically on the organization of the services that it is concerned with;

e) Carry out the deliberations of the general meeting;

f) Draw up and submit to the approval of the general meeting the business plan, the

budget, the report and the annual accounts;

g) Assign the quality of corresponding member;

h) Promote the collection of revenue and authorize the expenses, accept donations and legacies

made to the Order;

i) Developing the relations of the Order with national or foreign institutions of the

same nature;

j) Propose to the approval of the general meeting the creation of new specialties;

l) Propose to the approval of the general meeting the value of quotas, fees and other charges

to be paid by the members of the Order;

m) To draw up and maintain updated the files of the members of the Order;

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n) Managing the heritage of the Order;

o) Elaborate and propose, after hearing from the regional councils and opinion of the council

jurisdictional, the regulations necessary for the implementation of this Statute and the

pursuit of the tasks of the Order, for approval by the general meeting;

p) Elaborate and approve your internal regulation;

q) Organize and make publishing a periodical magazine as an informative body of the

Order;

r) To promote the holding of congresses, conferences, seminars and other activities

scientific research aimed at the development of nursing, in collaboration with the

regional governing boards, and may include other professional organizations;

s) Designating nurses who, in representation of the Order, must integrate commissions

possible or permanent;

t) Constitute commissions for the execution of tasks or studies on matters of

interest of the Order;

u) Exercise the remaining powers that the law or regulations ascribe to you.

2-The governing board may delegate to some of its members any of the

competencies indicated in the previous number.

Article 21.

Health

1-The governing board meets ordinarily, when summoned by its Chairman,

at least once a month.

2-The governing board meets extraordinarily on the initiative of the President or the

solicitation, in writing, of one-third of its members.

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3-The President is obliged to hold the convening of the meeting whenever the majority of the

vowels to request you in writing, indicating the subject you wish to see treated.

SUBSECTION III

From the bastonary

Article 22.

Bastonary of the Order

1-The bastonary is the president of the Order and, by inherence, chairman of the board

directive.

2-The bastonary is elected in the general terms.

Article 23.

Competence

1-Compete to the bastonary:

a) Represent the Order in judgment and outside of it, specifically in the face of the organs of

sovereignty;

b) Driving the services of the Order of national scope;

c) Chairing the governing board;

d) Confer possession of the elected members to the national bodies and appreciate their

requests for exoneration;

e) Dispatching the current expedient of the governing board;

f) Chair of the scientific committee of the magazine of the Order;

g) Watch, wanting, the meetings of all the collegiate bodies of the Order, only having

right to vote in the organs to which he chairs;

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h) Please appeal to the jurisdictional council of the deliberations of all bodies

of the Order that judges contrary to the laws, regulations or the interests of the Order

or of its members;

i) Exercise the remaining powers that the law or regulations confirm to you.

2-The bastonary can delegate competencies in any of the vice-presidents of the

directional board.

SUBSECTION IV

Court of law

Article 24.

Composition

1-The jurisdictional council constitutes the supreme court of the Order and is

composed of 1 president and 10 vowels.

2-The president and five vowels are elected by direct and universal suffrage, in one list.

3-The remaining five vowels are, by inherence, the presidents of the jurisdictional boards

of the regional sections.

4-The vowels referred to in the preceding paragraph shall not be able to perform their duties when

deal with interposed appeal in process in which they have had intervention, want to prowling

the decision resorted to, whether taking otherwise position on issues raised in the

feature.

Article 25.

Competence

1-Compete to the jurisdictional council:

a) Judging the interposed resources of the deliberations of the various organs or their

members;

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b) Profer final decision on all disciplinary procedures;

c) Deliberating on the application of the members of the Order of renunciation to their

positions and temporary suspension of their duties;

d) Deliberating on the loss of positions in the Order;

e) Deliberating on the replacement of its members;

f) Institute procedure for implementation of nurses with shares in debt to the

Order;

g) To exercise the disciplinary power with respect to all members of the Order;

h) To draw up the opinions made to you by the chairman of the council

directive on professional and deontological exercise.

2-The jurisdictional council is assisted by a legal advisor, appointed by the board

directive.

3-Of the deliberations of the sections rests with the full council.

4-The council, to operate in full, sets the matters that must be dealt with by the

sections.

5-Compete, in exclusive, to the jurisdictional council, in plenary session:

a) Proceed to the replacement of the bastonary, in the event of permanent impediment, to

ratify at the general meeting of the Order in the following ordinary session;

b) Confer the title of honorary member to nurses who have left the

exercise of nursing after havation exercised for at least 25 years

with noticeable merit, by proposal of the governing board;

c) Judging the interposed resources of the decisions of the sections;

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d) Draw up proposals for amendment of the deontological code for submission to the

voting of the general meeting;

e) Elaborate and propose changes to the disciplinary regiment for submission to the

approval of the general meeting;

f) Elaborate and approve your internal regulation.

Article 26.

Health

1-The jurisdictional council functions at the headquarters of the Order and gathers when summoned by the

your president.

2-In the first session of each quadriennium, the jurisdictional council elects from among its

members two vice-presidents and four secretaries.

3-The jurisdictional council meets in plenary session and by sections, each of them

consisting of five members.

4-A The composition of the sections is set at the first session of each exercise.

5-The president of the jurisdictional council presides over the plenary sessions and the 1 th section, with

right to vote, and may also preside, without right to vote, to 2 th section, to which it is presided,

in the absence of the president, by one of the vice-presidents.

6-Each section is secretariated by one of the secretaries.

7-Sections act validly when four fifths of their

members.

8-The deliberations are taken by a majority, avails of the president of quality voting.

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SUBSECTION V

Tax advice

Article 27.

Composition

1-The tax council is composed of a president, a vice president and five vowels.

2-The Chairman and the Deputy Chairman of the tax council shall be elected by direct suffrage and

universal, from among the actual members with at least five years of exercise of the

profession.

3-The vowels are, by inherence, the chairmen of the regional tax councils.

Article 28.

Competence

Compete for the tax council:

a) Appreciate quarterly accounting for the national scope of the Order;

b) Issue opinion on the annual report, accounts and budget prepared by the

directional board, to be submitted to the general meeting;

c) Submit proposals to the governing board that it considers appropriate to improve

the patrimonial and financial situation of the Order;

d) Scrutinizing the washed actas at the meetings of the governing board;

e) Elaborate and approve your own regiment;

f) Participate, without a right to vote, at the meetings of the governing board, whenever this

consider it convenient.

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SUBSECTION VI

Board of Nursing

Article 29.

Composition

1-The board of nursing is the professional body of the Order.

2-The nursing board is composed of a president and ten vowels.

3-The president and five vowels are elected by direct and universal suffrage, in one list.

4-The remaining five vowels are, by inherence, the chairmen of the boards of

regional nursing.

5-The members of the nursing board have to hold at least five years of

professional exercise.

6-The chair of the nursing board has to hold at least 10 years of exercise

professional.

7-The members referred to in paragraph 3, if they are specialists, have to be holders of

different specialties.

Article 30.

Competence

It is incumbent on the nursing board:

a) Define the criteria and the validation matrix for the individualization of the

specialties;

b) Draw up the regulation for the process of recognition of new

specialties to be proposed to the governing board;

c) Recognizing specialties in nursing to propose to the governing board;

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d) To draw up the regulations for individual certification of skills and processes

formations to be proposed to the governing board;

e) To draw up the regulation of the award of professional titles, to be proposed to the

directive board;

f) Define the standards of nursing care, to be proposed to the governing board;

g) Follow up on the development of methods, instruments and programmes of

continuous improvement of the quality of care, at the national and international level;

h) Collaborate with national or international entities in the framework of quality;

i) To foster and monitor the development of training in nursing;

j) Give opinion on the training models, the creation and general structure of the courses

of nursing;

k) Undertake the accreditation of post-graduate training in nursing, for the purposes of

professional exercise,

l) Nurturing research in nursing, as a means of development of the

professional exercise;

m) To promote the development of scientific and professional relationships, in the different

fields of nursing, at the national and international level;

n) Undertake studies and deliver opinions on specific nursing subjects;

o) Support the governing and jurisdictional board in professional affairs in the field

of general nursing care;

p) Elaborate and approve your internal regulation.

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Article 31.

Health

1-The board of nursing works at the headquarters of the Order and gathers by convocation of its

president.

2-Support the functioning of the nursing board the certification commission of

competencies, the quality commission of nursing care and the commission of

research and development.

3-The nursing board prepares the regulation of commissions.

4-In the first session of each quadriennium the nursing board designates, from among the

their elected members, those who integrate each of the committees and, of these, what they preside over.

5-The nursing board is advised by experts of recognized competence in the

scope of the accreditation of training, individual certification of skills and the

research and development as well as in the scope of the quality of care of

nursing, integrating the same, the respective committees, in the terms of the regulation.

6-The experts referred to in the preceding paragraph shall be appointed by the governing board, under

proposal of the nursing board.

7-In the specific technical areas the nursing board is advised by the

presidents of the colleges of specialties.

Article 31-The

Colleges of specialties

1-The colleges of the specialties are the professional bodies, consisting of the members

that hold the professional title of the respective specialty.

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2-Each college elects a table, with a president and two secretaries, by suffrage

direct and on a single list, from among its members, with at least five years of

specialized professional exercise.

3-The presidents of the colleges of the specialties integrate the research committee and

development.

4-Are competences of the colleges of specialties:

a) To promote the development of scientific and professional relations, among the

members of the specialty;

b) Elaborate studies on specific subjects of the specialty;

c) Define the specific skills of the specialty, to be proposed to the board

directive;

d) Draw up formative programmes in the respective specialty, to be proposed to the council

directive;

e) Accompany the specialist professional exercise;

f) Define quality standards of specialized nursing care and ensure by

observance of them in the specialized professional exercise;

g) Elaborate and approve your internal regulation.

5-Are competences of the table of the college:

a) Drive the work of the college;

b) To follow up on the deliberations of the college;

c) Issuing opinions, in accordance with the one set out in the Rules of Procedure;

d) Support the governing and jurisdictional boards in professional affairs in the field

of specialized nursing care;

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e) To draw up a biennial report on the state of the development of the specialty and

recommendations-

6-The opinions in the specific scientific and technical area are binding.

SECTION II

The regional bodies

SUBSECTION I

The regional assembly

Article 33.

Composition and competence

1-A Regional assembly consists of all nursing staff members

enrolled in the regional section, with enrollment in force.

2-Compete to the regional assembly:

a) Approve the plan of activities and the budget submitted by the governing board

regional;

b) Approve the report and accounts submitted by the regional governing board;

c) Deliberating on matters of a regional scope;

d) To appreciate the activity of regional bodies and to approve motions and recommendations of

professional and associative character of regional scope;

e) Passing the necessary regulations for the pursuit of the competences of the organs

regional;

f) Pronount on all matters that are not understood in the

competences of the other regional bodies and which are presented to it by the

regional governing council.

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Article 34.

Health

1-Regional assemblies meet ordinarily once a year, until March 31,

for the exercise of its powers provided for in the previous article, on the initiative of the

chairman of the regional assembly.

2-Regional assemblies meet extraordinarily when superior interests

of the Order at the regional level advises him, on the initiative of the President of the assembly

regional, the chairman of the regional governing council, the chairman of the fiscal council

regional or when required in accordance with Article 12 (3) (d)

3-The regional assemblies are directed by a table consisting of a president and

two secretaries, elected by direct suffrage by the actual members enrolled in the respective

regional section.

4-Regional assemblies can only deliberate validly on matters of their

competence and to enact within the purposes of the Order.

5-The deliberations of the regional assemblies have the nature of recommendations, not

binding the Order as a national framework body.

SUBSECTION II

Regional governing council

Article 35.

Composition and competence

1-The governing board of the regional sections shall be composed of a President, a

secretary, a treasurer and two vowels, elected by direct suffrage, on a single list, by the

actual members with enrollment in force in the respective regional section.

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2-Compete to the regional governing council:

a) To promote the activities of the Order at the regional level, according to the general lines

of acting defined by the national governing council;

b) Represent the regional section;

c) Managing the activities of the regional section pursuant to this Statute and

respective regulations;

d) Administer the patrimonial and financial assets entrusted to you and celebrate the

legal business necessary for the exercise of their competences;

e) Elaborate and submit to the approval the plan of activities and the budget for each

year, until March 31 of the current year;

f) Submit to the approval the report and accounts relating to the previous calendar year up to 31 of

March of the following;

g) To deliberate on the acceptance and refusal of enrolment as an effective member of the Order;

h) Promote the registration of the actual members, issue the professional ballots and

carry out the respective revalidation;

i) Ensure the necessary conditions for the effectivation of the certification process

individual of competences;

j) Organizing and directing administrative services;

l) Accompany the professional exercise in the area of the respective regional section;

m) Promoting disciplinary actions, through the regional jurisdictional or the

national jurisdictional council;

n) Send annually to the national governing board a report on the exercise of the

nursing in the respective region;

o) Pronounce on all matters that are committed to it;

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p) Cooperate with all regional and national bodies in the pursuit of assignments

of the Order;

q) To ensure the dignity of the nurses and to ensure respect for their rights,

freedoms and guarantees at the regional level;

r) Ensure the quality of nursing services provided to the population and

promote the measures that it considers relevant at the regional level.

SUBSECTION III

Regional jurisdictional council

Article 35.

Composition and competence

1-The regional jurisdictional council consists of three effective members with, by

less, five years of exercise of the profession, elected by direct suffrage, on a single list.

2-Compete to the regional jurisdictional council to instruct the disciplinary procedures that

respect the members of the Order, with the exception of those who are of the competence of the

court advice.

3-Of the decisions of the regional jurisdictional board are to be appean to the council

jurisdictional, in the terms of the disciplinary regulation.

SUBSECTION IV

Regional tax council

Article 36.

Composition and competence

1-Regional tax councils are composed of three effective members with, by

less, five years of exercise of the profession, elected by direct suffrage, on a single list,

being the first the president.

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2-Compete to regional tax councils:

a) Examine, at least quarterly, the financial management of the competence of the

regional governing boards;

b) Give advice on the report and accounts, as well as on the budget proposal,

presented by their respective regional governing boards;

c) Participate, without a right to vote, at the meetings of the respective governing boards,

where they consider it convenient;

d) Scrutinising the washable minutes at the meetings of the regional governing council.

SUBSECTION V

Regional nursing board

Article 37.

Composition and competence

1-The regional nursing board is made up of a president and four vowels,

being elected on a single list, by direct suffrage.

2-The members referred to in the previous point, if they are specialists, have to be holders of

different specialties.

3-Compete to the regional nursing board:

a) Promoting scientific, technical, cultural and professional development and valorisation

of its members at the regional level;

b) To ensure compliance with the quality standards of nursing care and

for the quality of the professional exercise of the nurses;

c) To stimulate the implementation of systems for continuous improvement of the quality of the

professional exercise of the nurses;

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d) Accompany the professional exercise in the area of the respective regional section;

e) Follow up on the development of training and research in nursing in

area of the regional section;

f) Check the fulfilment of the requirements set out in Article 6 and 7 for the purpose of

enrollment in the Order, in the area of the respective regional section, according to the

respective regulation;

g) Ensuring the realization of the process of individual competency certification,

in the area of the respective regional section in accordance with the respective regulation;

h) To propose to the regional governing board the admission to the Order, in the area of the respective

regional section;

i) Assign the titles of nurse practitioner and nurse specialist.

SUBSECTION VI

General provisions

Article 38.

Operation of regional bodies

1-The functioning of the regional governing council obeys the regulation by it

drawn up and approved by the respective regional general meeting.

2-The operation of the remaining regional bodies shall comply with the regulation drawn up by the

own bodies, with opinion of the regional governing council, and approved by the assembly

respective regional general.

3-The opinion of the regional governing board referred to in the preceding paragraph shall be mandatory and

not binding.

4-In the lack of regulation, the regional bodies apply to the established standards

for national bodies, with due adaptations.

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5-The conflicts of competence of regional bodies, positive or negative, are

subjected to the deliberation of the jurisdictional board.

CHAPTER IV

Elections

Article 39.

Elections

1-Elections are made by universal, direct and secret suffrage, exercised presentially

or by correspondence.

2-Are voters and can be elected to the organs of the Order the member nurses

herds with enrollment in force, which do not find themselves in any situation of

impediment.

3-Without prejudice to the provisions of the preceding paragraph, they may only be elected to bastonary and

for members of the jurisdictional board the nurses who possess, respectively,

at least 15 and 10 years of professional exercise.

4-[ Revoked ].

Article 40.

Mandate

1-The holders and members of the organs of the Order are elected for mandates with the duration

of four years, to be started on January 1 and to end on December 31.

2-The holders and members of the organs of the Order may not be elected by more than two

consecutive mandates.

3-Whenever it proves necessary to proceed to mid-term elections for any of the

organs of the Order, the respective term of office shall not exceed the term of the remainder of the remaining

organs.

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Article 41.

Submission of applications

1-Applications for national and regional bodies are submitted before the

presidents of the tables of the general assembly and regional assemblies, respectively.

2-The deadline for submission of applications runs until October 31 of the last year of the

respective mandate.

3-Each application must be subscribed for by a minimum of 100 members, effective for the

national bodies, and from 25, for regional bodies.

Article 42.

Date of elections

1-Elections for the organs of the Order take place between 1 and December 15 of the last

year of the four-year quadrien, on the date that is designated by the President of the General Meeting, under

proposal of the chairman of the governing board, heard the chairs of the councils

regional directives.

2-Elections for national and regional bodies arise, at the same time, in the same

date.

Article 43.

Organization of the electoral process

1-A The organisation of the electoral process competes at the table of the general assembly and the tables of the

regional assemblies, which should, in particular:

a) Convene the election assemblies;

b) Arrange the electoral notebooks;

c) To promote the constitution of the supervisory committees.

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2-With the marking of the date of the elections, it is designated by the table of the general meeting a

electoral commission, made up of five effective members, in representation of each

of the regional sections.

3-The chairman of the electoral commission is elected from among its members.

4-The electoral commission competes:

a) Confirm the organization of the electoral notebooks;

b) Appreciate the complaints about the electoral notebooks;

c) Check the regularity of applications;

d) Decide the complaints about the electoral process;

e) Decide the resources on the electoral process;

f) Enjoy the reports of the supervisory commissions.

Article 44.

Assembly elections

1-A Election assembly works on voting sections, one in each regional section,

taking over the desks of the regional assemblies functions of polling stations.

2-When this is warranted, the electoral commission may constitute other voting sections,

fixing the composition of the respective polling tables by indication of the respective desks

of the regional assemblies.

3-A convocation of the electoral assembly fixed the time of operation of the sections of

vote, for a period not less than twelve hours.

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Article 45.

Commission of surveillance

1-In each regional section a supervisory commission shall be constituted, composed of the

chairman of the respective regional assembly and by a representative of each of the lists

competitors or bidders, to which they will start their duties on the day following the term of the

period of submission of applications.

2-Representatives of the competing lists must be nominated with the presentation of the

respective applications.

3-Members of the supervisory committees may not be candidates in the elections nor

integrate the organs of the Order.

Article 46.

Competence of supervisory commissions

It is incumbent on the supervisory committees:

a) Scrutinizing the electoral act;

b) Draw up reports of any irregularities, to be delivered to the correspondents

desks of the regional assemblies, and copy to the electoral commission.

Article 47.

Election campaign

1-A Order will attend in the election campaign charges of each list in amount

equal for all of them.

2-Comholdings shall be fixed by the national governing council or by the boards

directives of the regions, as it deals with elections for national or regional bodies.

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Article 48.

Feature

1-Can be inferred from the electoral act's claim within five working days, with

foundation in irregularities, which must be submitted to the regional assembly desk.

2-From the decision of the regional assembly table is up to appeal to the electoral commission.

3-Claims and appeals are decided within five working days of the date of the

respective presentation.

Article 49.

Proclamation of results

1-There are no outstanding resources, the proclamation of the winning lists is made on the deadline

of 10 working days.

2-They are winners of the lists that get the most votes.

3-The winning lists for the regional bodies are proclaimed by the respective desks

of the regional assemblies.

4-The winning lists for national bodies are proclaimed by the assembly table

general.

Article 50.

Possession of the elected members

1-The outgoing president of the general assembly confers possession of the elected members to the

national bodies.

2-The outgoing chairpersons of the regional assemblies confer possession of the elected members

for the regional bodies.

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Article 51.

Resignation to office

Any member of the organs of the Order may request the chairman of the board

jurisdictional the resignation of the office or the temporary suspension of the exercise of the duties

correspondents on duly substantiated grounds, and may not the term of

suspension being more than six months.

Article 52.

Substitutions

1-In the case of resignation or expiry of the term of office, on disciplinary grounds or by death,

of the president of collegiate body of the Order, the respective body, at the first meeting

ordinary subsequent to the fact, elects from among its members a new president and enters

the first alternating member of the respective list.

2-In the case of resignation or expiry of the term of office, on disciplinary grounds or death, of

another member of the collegiate body, is he replaced by the first alternate member of the list.

3-In the cases provided for in the preceding paragraphs, substitutes carry out duties until the

term of the current term.

CHAPTER V

Disciplinary action

SECTION I

General provisions

Article 53.

Disciplinary responsibility

1-Nurses are subject to the disciplinary jurisdiction of the Order, under the terms provided for

in this Statute and in the respective regulations.

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2-A disciplinary liability to the Order coexists with any others foreseen

by law, and it may, however, be determined to suspend the disciplinary procedure until the decision

to profer in another jurisdiction.

3-Whenever the practice of exercise of nursing results in violation of standards of

deontological nature, it is recognized to the Order the power to institute inquiry or

disciplinary procedure under this Statute.

Article 54.

Disciplinary power

The disciplinary power is exercised by the jurisdictional board.

Article 55.

Disciplinary offence

1-Constitutes disciplinary offence all action or omission that viole, dolosa or

negligently, the duties laid down in this Statute, in the deontological code or

the remaining legal provisions applicable to the exercise of nursing.

2-Any persons, natural or legal, may give notice to the Order of the

practice, by nurses in it inscribed, of facts likely to constitute infringement

discipline.

Article 56.

Prescription of disciplinary responsibility

1-A The disciplinary responsibility prescribes three years after the finalization of the acts or

omissions that have constituted it, unless before the course of time there is place to any

representations targeting the respective clearance.

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2-A disciplinary responsibility prescribes as well, and without prejudice to the established in the

previous number, if, having been presented to any organ of the Order participation or

complaint targeting nurse practitioner, is not triggered disciplinary procedure or inquiry

within four months.

3-A disciplinary liability, if related to criminal liability, prescribes us

deadlines of the latter, when higher.

4-The application for cancellation of the inscription as a member of the Order does not cease to

disciplinary responsibility for previously practiced offences.

Article 57.

Legitimacy

1-It has legitimacy to intervene in disciplinary procedure, in the terms of the number

next, who participates in fact that constitutes disciplinary offence.

2-Regardless of the schedule in the preceding paragraph, any person with an interest

direct, in respect of the facts involved, may intervene in the procedure, requiring and

claiming what it has for convenient.

3-The holders of the organs of the Order may apply for disciplinary proceedings,

regardless of participation.

4-From the decision to institute or non-disciplinary procedure rests with the board

jurisdictional

Article 58.

Secret nature of the process

1-Until the notification of the prosecution, the disciplinary process is secret.

2-The instructor may, however, authorize the consultation of the process by the person concerned or by the

defendants, when there is no inconvenience to the instruction.

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3-The defendants and any interested, if nursing, who do not respect the secret nature

of the process incur disciplinary responsibility.

Article 59.

Desistance

The dismissal of disciplinary procedure by the person concerned extinguishes the responsibility

discipline, unless the imputed fact affects the dignity and prestige of the Order, of the

nursing or the accused nurse practitioner, fit to this, in last case, apply for their

continuation.

SECTION II

From the penalties

Article 60.

Disciplinary and ancillary feathers

1-The disciplinary penalties are as follows:

a) Warning written;

b) Censorship written;

c) Suspension of professional exercise up to five years;

d) Expulsion.

2-The accessory feathers are as follows:

a) Loss of fees;

b) Publicity of the penalty.

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3-A The incidental penalty of the loss of fees consists in the return of the fees already

received with origin in the professional act the subject matter of the offence punished or, in the case of

have not yet been paid, in the loss of the right to receive them, and only the penalty may be

applied cumulatively with the suspension penalty up to five years.

4-A advertising of the penalty consists of the afixing of notice in health establishments, or

publication in media, nationwide, regional or local media, of the penalty

applied.

5-A application of any of the penalties referred to in points b) , c) and d) of paragraph 1 a member

of any organ of the Order implies the resignation of the office.

Article 61.

Graduation of feathers

In the application of the penalties shall be due to the professional and disciplinary background of the

argued, to the degree of guilt, to the consequences of the offence and to all the other circumstances

attenuating or aggravating.

Article 62.

Application of penalties

1-A The warning penalty is applicable to light offences.

2-A The penalty of censorship applies to serious offences to which it does not match the penalty of

suspension or expulsion.

3-A The suspension penalty is applicable to the following offences:

a) Disobedience to determinations of the Order that correspond to the exercise of

linked powers assigned by law;

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b) Violation of any duties enshrined in law or in the deontological code and which

target the protection of life, health, wellbeing or dignity of people, the

that should not correspond to higher sanction.

4-The cover-up of the illegal exercise of nursing is punishments with a suspension penalty

never less than two years.

5-A The expulsion penalty is applicable:

a) When it has been committed disciplinary offence which also constitutes a crime

punishable with a prison sentence of more than three years;

b) When you check for notorious professional incompetence, with danger to health

of individuals or the community;

c) When concealment occurs or participation in the violation of rights of

personality of patients.

SECTION III

From the instruction of the disciplinary process

Article 63.

Competence and instruction

1-A The instruction of the disciplinary procedure is the jurisdiction of the jurisdictional board of

regional section of the domicile of the accused.

2-In the instruction must the instructor make the material truth prevail, remove the

obstacles to your regular and rapid progress and refuse whatever is useless or dilatory, without

prejudice to the right of defence and the principle of adversarial.

3-The instructor may request the making of representations to the chairman of the board

regional governing in whose area the facts in question were practiced.

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4-In the instruction of the procedure are permissible all means of proof permitted in

right.

Article 64.

Term of the statement

1-A The instruction may not exceed the two-month period.

2-Finda the instruction, the instructor proposes:

a) Dispatch of prosecution;

b) Dispatch of archiving.

3-Must be proposed archiving dispatch:

a) When it has been collected evidence rather than if it has not verified infringement, of the

argued not to have practiced or to be legally inadmissible the procedure;

b) When it has not been possible to obtain sufficient evidence of the verification of the

infringement or who the agents were from.

4-Mediant opinion reasoned, the regional jurisdictional council sends the case to the

court advice.

SECTION IV

Prosecution and defence

Article 65.

Dispatch of prosecution

1-Received the process, the jurisdictional board shall provide dispatch within eight

days.

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2-The dispatch of prosecution shall specify the identity of the accused, the facts of which it is

imputed, the circumstances in which they were practiced, legal and regulatory standards

violated and the extenuating or aggravating circumstances already ascertained.

Article 66.

Notification of the prosecution

1-A notification of the charge sheet is made in person or by registered letter, with notice of

receipt, within a maximum of eight days from the date of the respective dispatch.

2-A notification is made for the professional domicile of the accused, or for your residence

customary, if it does not have the enrollment in place.

3-In the case of absence in an uncertain part, or abroad, the notification is made by edital

to be affixed at the professional domicile or at your habitual residence.

Article 67.

Deadline for the defence

1-The deadline for the submission of the defence is 20 days.

2-If the accused is notified abroad or by edital, the time frame for the defence is

established between 30 and 60 days.

Article 68.

Exercise of the right of defence

1-The defendants may constitute counsel at any stage of the proceedings, in the general terms

of the right, which he watches, wanting, the respective interrogation.

2-A defence shall be submitted to the rapporteur of the jurisdictional board, in writing, and to expose

clearly and concisely the facts and the reasons that substantiate them.

3-With the defence, it may be argued to present the rol of witnesses, up to three for each fact,

join documents and apply for any representations.

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4-Required representations may be refused, in reasoned order by the

instructor, when to show manifestly impertinent or unnecessary for the

clearance of the truth.

Article 69.

Report

1-Received the defense, the instructor must inquire the witnesses and gather the rest

proof-of-evidence offered by the accused within 20 days.

2-Finda the instruction, shall the instructor draw up, within 30 days, the report on the

evidence produced, which can conclude, if it so understands, by the presentation of its opinion.

Article 70.

Decision of the court of law

1-The report is presented to the board for decision, being laundered and signed the

respective judgment.

2-The penalties provided for in Article 62 (3), (3) and (5) may only be applied by

deliberation of the plenary that obtains unanimity.

Article 71.

Notification of the decision

1-Final decisions are notified to the defendants and those interested in the terms of the article

65.

2-A decision that applies for suspension or expulsion penalty is also notified to the entity

employer of the offender.

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SECTION V

Execution of the penalties

Article 72.

Competence

1-Compete to the chairman of the regional governing council to give execution to all decisions

rendered in the proceedings in which nurses with a professional domicile are accused in the

area of the respective section.

2-Compete to the President of the regional jurisdictional council to ensure compliance with the

penalty applied.

Article 73.

Non-compliance with the disciplinary penalty

1-When the accused does not comply with the penalty that has been applied to him, the chairman of the board

regional jurisdictional suspending the enrollment of the punishing nurse, until its full

compliance.

2-Compliance with the suspension penalty must commencement on the immediate day at the date of

respective notification.

3-If at the date of the commencement of the suspension is suspended or cancelled the enrolment of the accused, the

compliance with the penalty is commencement from the immediate day to the one in which the

lifting of the suspension of enrollment or re-enrollment and still from the term of the

previous suspension penalty.

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CHAPTER VI

From professional deontology

SECTION I

Rights, duties in general and incompatibilities

Article 74.

General arrangement

All the Nurses members of the Order have the rights and duties arising from the

present Staff Regulations and legislation in force, pursuant to the following articles.

Article 75.

Rights of members

1-Constituts rights of the actual members:

a) Exercising freely the profession, without any kind of limitations other than the

arising from the deontological code, the current laws and the regulation of the

exercise of nursing;

b) Use the professional title that has been awarded to you;

c) Participate in the activities of the Order;

d) Intervene in the general and regional assemblies;

e) Consult the minutes of the assemblies;

f) Require the convening of general or regional assemblies;

g) Electing and being elected to the organs of the Order;

h) Use the services of the Order.

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2-Constitutions still rights of the actual members:

a) Be heard in the drafting and application of the legislation regarding the profession;

b) Respect for their political, religious, ideological and philosophical convictions;

c) Enjoy working conditions that guarantee respect for the deontology of the

profession and by the right of the client to quality nursing care;

d) The conditions for access to training for updating and refinement

professional;

e) The objection of conscience;

f) The information on the aspects related to clinical diagnosis, treatment

and well-being of individuals, families and communities in their care;

g) Benefit from the editorial activity of the Order;

h) Complain and appeal of the deliberations of the organs of the Order contrary to the provisions

in this Statute, regulations and other applicable legislation;

i) Participate in the life of the Order, particularly in its working groups;

j) Request the intervention of the Order in the defence of your rights and interests

professionals, to guarantee their dignity and the quality of the services of

nursing.

3-Constituent rights of the honorary and corresponding members:

a) Participate in the activities of the Order;

b) Intervene, without a right to vote, at the general meeting and regional assemblies.

Article 76.

Duties in general

1-The actual members are obliged to:

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a) To exercise the profession with the appropriate scientific and technical knowledge, with the

respect for life, human dignity and the health and well-being of the population,

adopting all measures that aim to improve the quality of care and

nursing services;

b) To comply with and to ensure compliance with the legislation regarding the exercise of the profession;

c) Compliance with the international conventions and recommendations that are to them

applicable and which have respectively been ratified or adopted by the

competent organs of sovereignty;

d) Exercise the posts so that they have been elected or appointed and comply with the

respective mandates;

e) To collaborate on all initiatives that are of interest and prestige for the profession;

f) Contribute to the digniation of the profession;

g) Participate in the pursuit of the purposes of the Order;

h) Comply with the emerging obligations of this Statute, of the deontological code and

other applicable legislation;

i) Communicate the facts that they have knowledge of and can commit to

dignity of the profession or the health of individuals or are likely to violate the

legal standards of the exercise of the profession;

j) Communicate the extravio of the professional ballot within five working days;

l) Communicating the change of professional domicile and the new address within 30

working days;

m) Pay the quotas and fees in force.

2-The honorary and corresponding members are required to:

a) Comply with the provisions of the Statute and the regulations established by the Order;

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b) Participate in the pursuit of the purposes of the Order;

c) Contribute to the dignified nature of the Order and the profession;

d) To provide commissions and working groups for the collaboration that is requested to them.

CHAPTER VI

From professional deontology

SECTION I

Rights, duties in general and incompatibilities

Article 77.

Incompatibilities

1-The exercise of the nursery profession is incompatible with the title of the posts and the

exercise of the following activities:

a) A delegate of medical information and marketing of medical products or

partner or company manager with such activity;

b) Pharmacist, pharmacy technician or owner, partner or company manager

owner, of pharmacy;

c) Owner, partner or manager of proprietary company, laboratory of analysis

clinics, preparation of pharmaceutical products or technical equipment-

toilets;

d) Owner, partner or manager of proprietary company, of funeral agency;

e) Any others that by law are deemed incompatible with the exercise of the

nursing.

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2-Members of the Order who are in a situation of incompatibility, under the terms of the

previous number, must apply for suspension of your enrolment within the maximum 30 days

after the possession of the respective office.

3-Not being the facts communicated to the Order within 30 days, may the council

regional court to propose the suspension of enrollment.

SECTION II

From the deontological code of the nurse practitioner

Article 78.

General principles

1-Nursing interventions are carried out with the concern of the defence of the

freedom and dignity of the human person and the nurse practitioner.

2-Are universal values to be observed in the professional relationship:

a) The equality;

b) Responsible freedom, with the ability to choose, having in attention the good

common;

c) Truth and justice;

d) Altruism and solidarity;

e) Competence and professional outreach.

3-Are guiding principles of the activity of nurses:

a) The inherent responsibility for the role assumed before the society;

b) The respect for human rights in the relationship with customers;

c) The excellence of the exercise in the profession in general and in the relationship with others

professionals.

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Article 79.

Of deontological duties in general

The nurse practitioner, by enrolling in the Order, assumes the duty of:

a) Comply with the deontological standards and the laws governing the profession;

b) Take responsibility for the decisions it makes and for the acts it practices or delegates;

c) To protect and defend the human person from practices that contravene the law, ethics or the

quite common, not least when deprived of indispensable competence

professional;

d) Be sympathetic to the community, in a special way in the event of a crisis or disaster,

acting always in accordance with your area of expertise.

Article 80.

From duty to the community

The nurse practitioner, being responsible to the community in promoting health and in the

appropriate response to the needs in nursing care, assumes the duty to:

a) Know the needs of the population and the community in which it is inserted;

b) Participate in community orientation in the search for solutions to the problems of

health detected;

c) Collaborate with other professionals in programs that respond to needs

of the community.

Article 81.

Of human values

The nurse practitioner, in his exercise, observes the human values by which to govern the

individual and the groups in which this one integrates and assumes the duty to:

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a) Taking care of the person without any economic, social, political, ethnic discrimination,

ideological or religious;

b) Safeguarding the rights of children, protecting them from any form of abuse;

c) Safeguarding the rights of the elderly person by promoting their physical independence,

mental and social and the self-adhesive, with the aim of improving its quality of

life;

d) Safeguarding the rights of the person with disabilities and actively collaborating in their

social reinsertion;

e) Abstain from value judgements on the behaviour of the assisted person and not

to impose its own criteria and values within the framework of the consciousness and philosophy of

life;

f) Respect and make respect for the political, cultural, moral and religious choices of the

person and create conditions so that she can exercise, in these areas, her rights.

Article 82.

From rights to life and quality of life

The nurse practitioner, in the respect of the right of the person to life throughout the vital cycle, takes over the

duty to:

a) Ascribe to the life of any person equal value, by which it protects and defends life

human in all circumstances;

b) To respect the bio-psychosocial, cultural and spiritual integrity of the person;

c) Participate in professional efforts to cherish life and quality of life;

d) Refuse participation in any form of torture, cruel treatment, inhuman

or degrading.

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Article 83.

From the right to care

The nurse practitioner, in the respect of the right to care in health or illness, assumes the duty to:

a) Co-responsibility for the care of the individual in good time, so as to

there are no delays in the diagnosis of the disease and its treatment;

b) Orienting the individual to another health professional better placed to

respond to the problem, when the application exceeds its competence;

c) Respect and enable the individual the freedom of choice to be taken care of by another

nurse practitioner, when such an option is feasible and does not endanger your health;

d) d) Ensuring continuity of care by faithfully registering the observations and

interventions carried out;

e) Keep yourself at your job while not replaced, when your

absence to interfere with continuity of care.

Article 84.

Of the duty of information

In respect of the right to self-determination, the nurse practitioner assumes the duty to:

a) To inform the individual and the family with regard to nursing care;

b) Respect, defend and promote the right of the person to informed consent;

c) Attend with responsibility and care all the request for information or

explanation made by the individual in nursing care;

d) Inform about the resources to which the person may have access, as well as on the

way to get them.

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Article 85.

Of the duty of secrecy

The nurse practitioner, thank you to keep professional secret about what you take knowledge in the

exercise of your profession, assumes the duty of:

a) To consider confidential all information about the recipient of care and the

family, whatever the source;

b) Sharing the relevant information only with those who are implicated in the plan

therapeutic, using as guiding criteria the well-being, physical safety,

emotional and social of the individual and family, as well as their rights;

c) Disclose confidential information about the individual and family in the situations alone

provided for in the Act, and shall, to such effect, resort to deontological advice and

legal;

d) Maintain the anonymity of the person whenever your case is used in situations of

teaching, research or monitoring of quality of care.

Article 86.

From respect for intimacy

Listening to the feelings of pudor and interiority inherent in the person, the nurse practitioner

assumes the duty of:

a) Respect the intimacy of the person and protect it from interference in your private life and in the

of your family;

b) Safeguard always, in the exercise of its functions and in the supervision of tasks which

delega, the privacy and intimacy of the person.

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Article 87.

Of respect for the terminally ill

The nurse practitioner, by accompanying the patient on the different steps of the terminal phase, takes over the

duty to:

a) Defend and promote the right of the patient to the choice of the place and the people who

wishes to accompany you in the terminal stage of life;

b) Respect and make respect for the manifestations of loss expressed by the patient at stage

terminal, by the family or persons who are close to you;

c) Respect and make respect for the body after death.

Article 88.

Of the excellence of the exercise

The nurse practitioner seeks, in the entire professional act, the excellence of the exercise, taking over the

duty to:

a) Regularly analyse the work carried out and recognize possible failures that

deserve change in attitude;

b) Seeking to fit the quality standards of care for the concrete needs of the

person;

c) Keep the continuous update of your knowledge and use it in a way

competent the technologies, without forgetting the permanent and in-depth training

in the human sciences;

d) To ensure, by all means within their reach, the working conditions that

allow to exercise the profession with dignity and autonomy, by communicating, through

of the competent pathways, the deficiencies which prejudice the quality of care;

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e) Ensure quality and ensure the continuity of care of activities that

delegating, taking responsibility for the same;

f) Abstain from exerting duties under the influence of substances likely to produce

disturbance of physical or mental faculties.

Article 89.

From humanization of care

The nurse practitioner, being responsible for the humanization of nursing care, assumes

the duty to:

a) Give, when it provides care, attention to the person as a single whole, inserted

in a family and a community;

b) Contribute to creating the environment conducive to the development of the potentials

of the person.

Article 90.

From duties to the profession

Aware that their action is passed on to the whole profession, the nurse takes over the

duty to:

a) Keep in the performance of your activities, in all circumstances, a standard

of personal conduct that dignifies the profession;

b) Be sympathetic to the other members of the profession in order to the elevation of the level

professional;

c) Proceed with correction and urbanity, abstaining from any personal criticism or

derogatory allusion to colleagues or other professionals;

d) Abstain from receiving benefits or gratuities in addition to the remuneration to which you have

right;

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e) To refuse participation in advertising activities of pharmaceutical products and

technical-sanitary equipment.

Article 91.

From duties to other professions

As a member of the health team, the nurse practitioner takes on the duty of:

a) Acting responsibly in your area of expertise and recognizing specificity

of the other health professions, respecting the limits imposed by the area of

competence of each;

b) Working in articulation and complementarity with the remaining professionals of

health;

c) To integrate the health team, in any service in which you work, collaborating, with

the responsibility it is on its own, in decisions on the promotion of health, the

prevention of disease, treatment and recovery, promoting the quality of the

services.

Article 92.

From the objection of conscience

1-The nurse practitioner, in the exercise of his / her right of conscientious objector, assumes the duty

from:

a) Proceed under the internal regulations of the Order governing the

behaviours of the objector, so as not to prejudice the rights of persons;

b) Declare, in a timely manner, your quality of conscientier objector, so that

are assured, at the indispensable minimum, the care to be provided;

c) To respect the personal, philosophical, ideological or religious beliefs of the person and

of the other members of the health team.

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2-The nurse practitioner will not be able to suffer any personal or professional injury by the exercise

of your right to the objection of conscience.

CHAPTER VII

Revenues, expenses and funds of the Order

Article 93.

Revenue of the Order at the national level

They constitute revenue of the Order, at the national level:

a) The percentage of the product of the enrolment fees or other, set in assembly

general;

b) The percentage of the amount of the monthly contributions of its members, fixed

by the general meeting;

c) The product of the editorial activity;

d) The product of the provision of services and other activities;

e) Legacies, donations and subsidies;

f) The income of the goods that are affected by it;

g) The interest of deposit accounts;

h) Any other recipes assigned to it by virtue of the law.

Article 94.

Revenue from regional sections

They constitute revenue from the regional sections:

a) The percentage of the product of the enrolment fees or other allocations to the respective

Regional section, set at the general meeting;

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b) The percentage of the amount of the monthly contributions of the members enrolled in the

respective regional section, set at the general meeting;

c) The product of the regional scope activities developed by the respective

services;

d) The income of the movable and immovable property of the Order allocated to the regional section;

e) Any other recipes assigned to it by law or by deliberation of the

general assembly.

Article 95.

Expenses of the Order

They are expenses of the Order as for installation, of personnel, of maintenance, of operation and

all the remaining necessary for the pursuit of their assignments.

Article 96.

Constitution of the reserve fund

1-It consists of a reserve fund, represented in cash deposited,

corresponding to 20% of the annual balance of the management accounts.

2-The reserve fund is intended to cope with extraordinary expenses.

Article 97.

Termination of accounts

The accounts of the Order are closed on December 31 of each year.

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CHAPTER VIII

Final provisions

Article 98.

Conditions for the exercise of the members of the organs of the Order

1-The members of the executive bodies of the Order who are employees on account of

outrain are they entitled, for the exercise of their duties in the scope of the posts for which they were

elected, a:

a) Unpaid leave, with the maximum duration of the respective mandate, to be awarded

pursuant to the employment law applicable to each employee;

b) A credit of hours corresponding to 24 days of work per year, which may

use in half-day periods, which count, for all legal effects, as

effective service.

2-Members of the non-executive bodies of the Order enjoy the right to 24 falters

justified, which count for all legal effects as effective service, save as to the

remuneration or retribution.

3-A The communal order, by idoidal and safe means, including e-mail, to

employing entities of which they depend on the members of their bodies, the dates and the

number of days that they need for the exercise of their respective functions.

4-A communication provided for in the preceding paragraph is made with a minimum advance notice of

five days, or, in the event of meetings or activities of an extraordinary nature of the organs of the

Order, as soon as they are summoned.

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Article 99.

[ Revoked ]

Article 100.

Subsidiary law

1-In all, how much is not provided for in this Statute and in the Regulations

drawn up by the jurisdictional council, concerning the instruction and the tramway of the

disciplinary procedure, follows, with the necessary adaptations, the Disciplinary Statute

of workers performing public duties.

2-A counting of deadlines is made under the terms of the established in the Code of Procedure

Administrative.