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Creates The Order Of Nutritionists And Approves Your Status

Original Language Title: Cria a Ordem dos Nutricionistas e aprova o seu Estatuto

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Parliamentary Group

DRAFT LAW NO. 172 /X/1ª

It regulates access to the profession of Nutritionist, creates the respective Professional Order and approves its Statute.

Exhibition of Motives

It is recognized that food naturally occupies an important place in the state of

health of populations, and that a correct food is needed to ensure a good

state of health and improve the quality of life.

According to the World Health Organization (WHO), of the ten causes that condition the most

mortality in the world, five are directly related to eating habits,

being that Portugal does not constitute exception to this scenario.

It is estimated that an excess of weight in the order of 40% is sufficient to double the risk of

premature death, when compared to a normopathic individual. Still, in the case of the

adult, for a Body Mass Index (IMC) higher than 30, it is estimated that there is a

increase from 50 a to 100% risk of early death. For the development of type diabetes

II, the risk doubles when the individual's weight gain is 24 a to 40 kilograms.

The problem of childhood obesity has been, too, to present growing values and

worrying in Portugal. A study published in 2005 points out a prevalence

estimated to be overweight in children who round the 20% and from obesity the 10% to 1.

Already in 2009 study carried out by the National Platform against Obesity evidenced

a prevalence of preobesity of 18.1% and obesity of 13.9%, adding to a

prevalence of 32% excess weight 2.

1 Padez, Cristina et al (2005) Prevalence and Risk Factors for Overweight and Obesity in World Children. In: Acta Pædiatrica . 94: 1550-1557 2 Rite, Ana; Brea, João; (2009) WHO European Childhood Obesity Surveillance Initiative-Portugal, COSI Study

In the adult population, in Portugal, it is estimated that 53.6% is overweight and 14.2% suffers

of obesity (Carmo et al. , 2008)), with serious consequences for the health of the own,

as overweight and obesity are an important risk factor for disease

cardiovascular disease (heart disease and AVC), diabetes, musculoskeletal disease

(particularly, osteoarthritis) and some cancers (uterus, breast and colon). Childhood obesity

is also associated with a higher probability of premature death and disability in the

adult age.

For Portugal, Pereira et al. (1999) estimated at more than 230 million euros the costs

direct obesity for the year 1996, a value that corresponded to 3.5% of the expenditure

totals of the health sector. On the indirect costs (lost productivity) of the

obesity in Portugal, in the year 2002, were estimated at 199.8 million euros

(Pereira and Matthew, 2003), representing 40.2% of the total costs of obesity and the costs

direct 59.8%. The same authors, estimated the risk of death attributable to obesity in

7.7% for men and 6.5% for women, in the age group between the ages of 30 and 64,

in a total of 18733 potential years of working life lost, in the year 1996 alone.

But, despite obesity and the other chronic non-communicable diseases constitute the

Pandemics of the twenty-first century, we should think of malnutrition as a whole. Literally,

malnutrition means malnutrition. Encompasses excess or imbalance of nutrients and also

disability.

In recent years several international studies have shown that 15 a to 40% of patients

hospitalized meet malnutridos3, with the highest risk involved the

carriers of chronic disease, the elderly and the socially disadvantaged.

Some of the consequences of malnutrition are: Decrease in immune response

(increasing the risk of infections); Decrease of muscle strength and fatigue; Decrease in

respiratory function (increasing the risk of lung infections); Deficiencies in the

thermoregulation (predisposition to hypothermias); Decrease of the capacity of

3 McWhirter j, Pennington C. Incidence and recognition of malnutrition in hospital. British Medical Journal. 1994; 308: 945-948.

cicatrization; Apathy and depression 4.

Malnutrition constitutes a problem that usually associates exclusively with the

poor countries. However, in the rich world where obesity constitutes an epidemic, the

malnutrition continues to significantly affect the population, reaching 12% of people

with chronic disease, 16-29% of residents in homes and about 40% of the people who give

entry in the Hospitals. The first studies that identified the problem in rich countries

date to the decade of seventy of the twentieth century and were developed in Institutions

Hospitalars. The causes of this problem are associated with the disease, and it may nevertheless be

prevented and corrected, not constituting by this an inevitability! Despite this, the

more current data do not show a positive trend of the situation, rather than the contrary,

for the ageing of the population increases the risk of malnutrition. Second data from the

European Nutrition for Health Alliance the malnutrition in the most aged population is a

frequent situation reaching 50% of those hospitalized over 60 years and 77% of those

have more than 80.

Second recent data made available by Professor Dr Teresa Amaral, from the

Faculty of Nutrition and Food Sciences of the University of Porto, malnutrition

hospitalar increases by 20% the costs of internment, being responsible for a

addition of 200 a to 1,300 € per episode of internment. At a stage where so much if

speaks of the need to better manage economic resources in the health sector, combat the

malnutrition associated with disease constitutes an opportunity to add gains by associating

economic advantages particularly relevant to the improvement of prognosis and quality

of life of the sick.

-Academic Training

The training of nutritionists has restricted itself for several years to the University of Porto,

having to start in 1976, directly dependent on the rectory. In 1996 is created in this

4 Correia M, Waitzerb D. The impact of malnutrition on morbidity, mortality, length of hospital stay and costs mixture through a multivariate model analysis. Clinical Nutrition 2002; 22 (3): 235-239. Edington J, Boorman J, Durrant E, et al. Prevalence of malnutrition on admission to four hospitals in England. The malnutrition prevalence group. Clinical Nutrion 2000; 19 (3): 191-195. Pérez J, César M, Benavent E, Estrada A. Detección precoz y control de la desnutriición hospialaria. Nutriicion Hospitalaria. 2002; 17 (3): 139-146. Kondrup J, Johansen N, Plum L, et al. Incidence of nutritional risk and causes of nutritional care in hospitals. Clinical Nutrition 2002; 21 (6): 461-468.

university the Faculty of Nutrition and Food Sciences (FCNA), spreading

then through some private and cooperative sector educational institutions (Institute

Top of Health Sciences Egas Moniz, Atlantic University, Higher Institute of

Health Sciences of the North High School of Biotechnology-Catholic University

Portuguese and University Fernando Pessoa) with the degree in Science of Nutrition

with 5 years and, finally, adopting a 4-year curriculum pathway for your

graduations, according to the "Bologna" model, with 240 ECTS and the duration of 8 semesters.

-Definition of the profession of nutritionist

With the aim of defining the professional competencies of the graduates in Science of the

Nutrition and its integration into the Portuguese University System and the European Area in the

Higher Education, a conference of representative personalities of the medium was held

academic and professional, in 2006, specifically from the higher education institutions that

provide this course. At this conference, a document was drawn up and approved

consensus, titled "Competencies for the 1º cycle in Nutrition Sciences" , from which if

extracts the following passage:

The Nutritionist as a professional:

The graduate of the Nutrition Sciences, designated by Nutritionist, integrates and applies the

principles derived from biology, physiology, the social and behavioural sciences and those

coming from the sciences of nutrition, food, management and communication to reach and

keep to the best level the state of health of individuals through a professional practice

in constant improvement.

Thus,

1. The nutritionist is the health professional who develops study functions, orientation and

surveillance of food and nutrition, as to its suitability, quality and safety, in

individuals or groups, in the community or in institutions, including the assessment of the state

nutritional, aiming at the promotion of health and wellbeing and prevention and

treatment of the disease, in accordance with the respective scientific and technical rules.

2. In addition to those that are legally defined, they constitute areas of intervention

professional in particular clinical nutrition, food education, catering and

hotelry, the food industry, teaching and research, management and food marketing and

food consultancy, as well as any other specific activities within the framework of

sciences of nutrition.

-Professional framework in the National Health System

In the National Health System the Nutritionist inserts itself as the Superior Health Technician, in the

Branch of Nutrition, being this career regulated by the Decree-Law No. 414/91, of 22 of

October, with some punctual changes made by the Decree-Law No. 501/99, of 23 of

November. Admission to the career of Superior Health Technician is conditional on possession

of professional habilitation confering the degree of specialist, obtained by means of

of specialty stage. The specialty stage is regulated by the Portaria No

796/94, of September 7 and the respective programme by the Portaria No 931/94 of 20 of

October. The professional profile of the Higher Health Technician of the branch of Nutrition is

defined in Article No. 20 of Decree-Law No. 414/91 of October 22.

Result of the exponential growth of this profession, determined by the evolution of

own sciences that incorporates, is the fact that it is developed in a framework of

responsibilities and accountability, for which it is a determinant of the existence of

instruments and own regulatory means, adjusted to the new sociological reality of the

multiple health services and fields of professional intervention.

Associated with this growing complexity of the health sciences, where new demands

social, ethical, deontological and human being put themselves, no less complex is the framework in

which develops the activity of Nutritionist, to which is no stranger to the emergence of the

liberal or non-salaried exercise, incidentally reflected as a European concern, connected

to the autonomy and state of development of the profession.

Such facts determine that, attentive to the level of autonomy and own responsibility of

each profession, are now found new mechanisms that ensure maintenance

of the qualitative levels achieved, holding, in parallel, the Nutritionists, by the

your maintenance and development.

However, under Article 2º (2) of the Law No. 6/2008 of February 13, " a

constitution of professional public associations is exceptional and aims at the satisfaction of

specific needs, and may only take place in the cases provided for in the preceding paragraph,

when the regulation of the profession involves a public interest of special relief that the

State should not proceed on its own ".

Paragraph 3 of the same Article of the above cited Law determines, too, that " the creation of new

professional public associations is always preceded by an elaborated study by entity

of recognized independence and merit on their need in terms of realization of the

public interest and on their impact on the regulation of the profession concerned ".

Ora, recently Professor Doctor Vital Moreira, Professor at the Faculty of Law of the

University of Coimbra, important Constitutionalist, with " recognized independence and

merit " , has drawn up a Preliminary draft Professional Status of the Nutritionist, which includes the

creation of the Order of the Nutritionists and their statutes. That being so, it makes perfect sense

that the said document, drawn up by Professor Doctor Vital Moreira, integrs the

present Draft Law.

Already the Ministry of Health has shown interest in the creation of the Order of the

Nutritionists, since, at the opening session of the VIII Congress of Nutrition and

Food, from the Portuguese Association of Nutritionists, held on days 28 and 29 of

May 2009, at the Alfandega Congress Center in Porto, the Secretary of State for

Health, Dr Manuel Pizarro, has publicly stated that the Ministry of Health has given it opinion

favorable to the creation of the Order of the Nutritionists, having considered that it would be a measure

" positive for the country " and having advance that the creation of the order constitutes a " interest

public ", with extreme" importance to the Health System " and for the " security of the

citizens ". He further stated that the " social valorisation of the profession " will be guaranteed with this

status.

For the exposed, under the applicable constitutional and regimental provisions, the

Deputies of the undersigned CDS-PP present the following Draft Law:

Article 1.

Subject

The present Law regulates access to the profession of Nutritionist, creates the Order of the Nutritionists and

approves its Statute, published in annex to this Law and which it forms an integral part of.

Article 2.

National Installer Commission

Until the realization of the first elections, the Order will be interinely managed by a

National Installer Commission, whose composition, deadline for commencement of functions and duration of

mandate should comply with the provisions of Article 89 of the Annex to this Law.

Article 3.

Competencies of the National Facilities Commission

The competences of the National Facilities Commission are the ones determined in Article 90 of the

annex to this Law.

Article 4.

Inscription on the Order

1. Nutritionist Professionals who comply with the requirements set out in the articles

4, 5, 6, 7 and 8 of the Annex to this Law will be able to, within eleven months of the

of the approval of these Statutes, require their enrolment in the Order, for the purpose of

provisions of Article 9 of the Annex to this Law.

2. Acceptance of enrollment requires a two-thirds majority of the members of the Commission

National Installer.

3. During the installation period, the inscriptions in the Order will occur in accordance with the

provisions of Article 91º of the Annex to this Law.

Article 5º

Entry into force

This Law shall come into force on the day following that of its publication.

Palace of Saint Benedict, March 10, 2010.

The Deputies

ANNEX

TITLE I-ACCESS TO THE PROFESSION AND PROFESSIONAL EXERCISE

Chapter I-Definition and scope of the profession

Article 1.

(Definition of the profession)

1. The nutritionist is the health professional who develops study functions,

guidance and surveillance of food and nutrition, as to its suitability, quality and

safety, in individuals or groups, in the community or in institutions, including the

assessment of the nutritional status, aiming at the promotion of health and well-being and

the prevention and treatment of the disease in accordance with the respective scientific rules and

techniques.

2. In addition to those that are legally defined, they constitute areas of intervention

professional in particular clinical nutrition, food education, catering and

hotelry, the food industry, teaching and research, management and food marketing and

food consultancy, as well as any other specific activities within the framework of

sciences of nutrition.

Article 2.

(Professional Acts relating to human nutrition, in particular)

1. In the area of nutrition and human food, it is incumbent especially on the

nutritionist:

a) Apply methods for collection and interpretation of information about ingestion

food, nutritional status, energy balance and body composition and about the

interactions between food and health and disease;

b) Assess the nutritional status of individuals and populations;

c) Studying the food imbalances generators of disease, in the community or in

determined population groups, and to promote the correction of the errors detected;

d) Recreate, record, analyze, interpret and report analytical data in the area of

nutrition sciences, using appropriate methods;

e) Formulate and apply the appropriate nutritional therapies to pathological situations

human;

f) Realize food and nutritional advice to individuals or groups;

g) Apply the methods of chemical, nutritional, microbiological and sensory analysis of the

food;

h) Plan and implement amenities and food plans adapted to the various

circumstances, and in function of the population to which they are intended;

i) Concept systems of production, processing and preparation of food and

study its effects on the chemical composition, nutriments and other constituents of the

food;

j) Participate in the planning, implementation, management and evaluation of programs of

community intervention in the area of food / nutrition;

l) Participate in the planning and implementation of policies that integrate the issues

food / nutritional in the whole food chain, and their relationships and interactions with the

public health;

m) Concept, promote and participate in health education programs and, in

general, of public health, in the field of food education;

n) Promoting actions of education and training about food, nutriments and

interactions between food and health, addressed to the general population and / or groups

specific;

o) Conception and implement standards and procedures in the area of security and

food quality;

p) technically advising operations associated with collective feeding,

in particular at the level of the production and distribution of foodstuffs and / or meals;

q) Apply management principles in the areas of activity of the nutritionist;

r) Participate in the planning and implementation of research projects in the area

of the sciences of nutrition and food.

Article 3.

(Modalities of exercise of the profession)

1. The profession of nutritionist can be exercised in a liberal manner, either by title

individual either in society, or by an account of others.

2. The exercise of professional activity on account of outrain does not affect autonomy

technique nor does it discharge the fulfillment of the deontological duties.

Chapter II-Access to the profession and incompatibilities

Article 4.

(Access requirements)

1. Constitutions requirements for access to the profession:

a) The graduation in an area that empowers the exercise of the profession, pursuant to the

next article;

b) The realization of a professional internship under Article 6º and the approval in the

proof of habilitation, in the terms of art. 7º;

2. You may also exercise the profession in Portugal:

a) nationals of other member states of the European Union who are holders of the

educational and professional qualifications required legally for the exercise of the profession

in the respective State of origin;

b) The nationals of other States under conditions of reciprocity, provided that

get the equiparation, under the law.

Article 5.

(Academic requirements)

1. Habilitate for the exercise of the profession of nutritionist the degree in science

of nutrition, conferred by Portuguese higher education institutions or by institutions

foreigners, as long as they are recognized under the law.

2. You may also consider eligible for graduation in other courses of education

top that by your study plan are considered appropriate for access to the

profession, upon portery of the Minister of Health, under proposal, or preceding the opinion of the

Order of the Nutritionists.

Article 6.

(Professional stage)

1. The habilitation for the profession necessarily includes the achievement of an internship

professional oriented, under supervision of the Order of the Nutritionists.

2. The professional stage has a duration between 6 and 12 months, under the terms of the

internship regulation of the Order, and may vary as per the academic qualifications of the

candidate.

3. In addition to the professional practice guided by a nutritionist with more than 10 years of

professional exercise, the professional internship can include the frequency of courses,

conferences, workshops , seminars, and similar initiatives, organized by the Order or

by it recommended, being mandatory a seminar on professional deontology.

4. The provisions of this precept shall be without prejudice to the internship schemes provided for in the

public health services or others, which is equated to the stage provided for in the figures

previous.

Article 7.

(Proof of professional habilitation)

1. The professional title of nutritionist, with the inscription on the Order as a member

effective, depends on the approval in the professional habilitation evidence, which will include:

a) Oral assessment of the candidate's internship report, which will be accompanied by the

internship advisor report;

b) Oral evidence on knowledge of professional deontology.

2. In the case of professionals who have obtained approval in the officiating stages of the

public health services or others, there will be only the proof provided for in point (b) of the

previous number.

3. The evidence of professional habilitation is the competence of a jury constituted by

three professionals with more than 10 years of professional activity, appointed by the direction of

Order, under the terms of the internship regulation.

4. In the event of a reproofing in the proof of the internship report, the candidate will have to

continue the internship for another 6 months, with subjection the new proof.

5. In the event of a deprecation in the proof of deontological knowledge, there will be

repeat of the proof within 30 days, save if you check the situation of the previous number,

case in which both of the evidence is held on the same date.

Article 8.

(Incompatibilities)

The exercise of the profession of nutritionist is incompatible with:

a) The performance of management positions in companies producing goods or services

involving the professional activity of nutritionists;

b) Other activities, professionals or not, that create conflicts of interest

regarding the exercise of the profession, as long as defined by ministerial porterie under

reasoned proposal of the Order.

Article 9.

(Inscription on the Order)

1. No one can lawfully exercise the profession of nutritionist without being enrolled in the

Order of the Nutritionists.

2. All those possessing the requirements for the exercise of the profession under the

art. 4º and are not prevented from exercising they are entitled to enrolment in the Order.

3. Enrollment in the Order can only be refused in the following cases:

a) On the grounds of lack of the academic and professional requirements referred to in the Articles

5º, 6º and 7º;

b) by reason of incompatibility, in the terms of the previous article;

c) On the grounds of conviction in sanction of interdiction or suspension of the exercise of the

profession provided for in the law, on the grounds of criminal offence, counter-ordinance or

discipline.

Chapter III-Professional Deontology

Article 10.

(General Duties)

In the exercise of their professional activity, nutritionists must respect the

following general duties:

a) Actuate with independence and professional exemption;

(b) Prestigious and dignifying the profession;

(c) to exercise your activity with diligence and zeal;

d) Use the appropriate scientific and technical instruments to the rigour required in practice

of the profession;

e) Put your capacity in the service of the public interest inherent in the profession;

f) Defend and enforce professional secrecy, when it is due;

g) To know and act with respect for legal and regulatory precepts;

(h) respect the incompatibilities that arise from the law.

Article 11.

(Specific duties)

They constitute specific duties, among others defined in the deontological code:

a) The performance of professional internship orientation functions, unless reason

justified;

b) The performance of duties on juries of professional habilitation evidence, save

justified reason;

c) cooperation in disciplinary procedures;

d) The denunciation of the situations of illegal exercise of the profession, for lack of dwellings

academics and practitioners, including the lack of enrolment in the Order, or by reason of

suspension or professional interdiction.

Article 12.

(Negative duties)

The nutritionist, in his or her professional activity, shall:

a) to refrain from exerting their activity in areas of the professional exercise for the

which have not received specific training;

b) Recuse any interferences in the exercise of their activity that they put in

cause technical-scientific or ethical aspects of the professional exercise, independently

of its functions and hierarchical dependencies or the place where it carries out its activity;

c) To refrain from using specific materials from the profession for which it does not have

received training, which knows outdated or is dissuitable to the context of

application.

Article 13.

(Reciprocal duties among nutritionists)

The nutritionist, in the exercise of his profession, shall:

a) Treat colleagues with urbanity and respect;

b) Do not denigrate the work of the colleagues, without prejudice to the freedom of appreciation

critical;

c) Abster of acts of unfair competition, without prejudice to the freedom of

competition in the provision of services.

Article 14.

(Deontological code)

1. The Order approves the deontological code of nutritionists.

2. The drafting and revision of the Code should be preceded by public debate.

TITLE II-ORDER OF NUTRITIONISTS

Chapter I-Nature, scope and mission

Article 15.

(Nature)

1. The Order of the Nutritionists is the representative professional public association of the

that, in accordance with the precepts of this law and other applicable legal provisions,

carries out the profession of nutritionist.

2. The creation of the Order is without prejudice to the freedom to create associations for the

defence of the scientific, cultural or socio-professional interests of nutritionists, including

in the working relations plan, pursuant to the relevant legislation.

Article 16.

(Mission)

It is mission of the Order, in the terms of law, to regulate and supervise access to the profession of

nutritionist and its exercise, elaborating on the respective technical and deontological standards,

velveting for compliance with the legal and regulatory standards of the profession and by exercising the

Disciplinary power over its members, in the framework of an autonomous disciplinary regime.

Article 17.

(Attributions)

1. Are attributions of the Order:

a) The defence of the general interests of the users of the services provided by

nutritionists, ensuring and making respect for the right of citizens to a nutrition of

quality ;

b) The representation and defence of the general interests of the profession , zelando

notably by the social function, dignity and prestige of the profession ;

c) The assignment, in exclusive, of the professional titles and the issuance of the ballots

professionals of its members

d) The defence of the title of nutritionist, including the denunciation of the situations of exercise

illegal of the profession, may constitute an assistant in the possible process-crime ;

e) The regulation and allocation of the professional specialization titles, when

exist;

f) The drafting and updating of the professional register;

g) The defence of professional deontology;

h) The exercise of the disciplinary power on its members, including the members

suspended and the trainee members;

i) The provision of services to its members, in respect of the professional exercise,

specifically in relation to information and vocational training and technical assistance and

legal;

j) The collaboration with the other entities of the Public Administration in the pursuit

of purposes of public interest related to the profession;

l) Participation in the drafting of legislation that concerns the profession;

m) The participation in the official accreditation processes and the evaluation of the courses that

give access to the profession;

n) The collaboration in the definition and implementation of a food health policy

in all its aspects;

o) The promotion of the development of the sciences of nutrition and food and the

your teaching;

p) Any other tasks that are committed to you by law.

Article 18.

(Nature and legal regime)

1. The Order is a legal person of public law, by integrating the category of the

professional public associations.

2. The Order shall be governed by this Law and by Law No. 6/2008 of February 13, well

as by the principles and norms mentioned in the art. 3º-2 of the same Law.

Article 19.

(Autonomy)

1. The Order enjoys administrative autonomy and the exercise of its powers

public practice, in the final title, without prejudice to the cases of tutelary approval, the acts

administrative necessary for the performance of their duties and approves the regulations

provided for in the law.

2. The Order has own heritage and own finances, as well as of

budgetary autonomy.

3. Financial autonomy includes the power to set the value of the monthly contribution or

annual of its members, as well as the fees for the services provided, under the law.

4. The Order has representative bodies of its own.

Article 20.

(Scope, headquarters and regional delegations)

1. The Order has a national scope.

2. The Order may understand regional structures, to which the pursuit is incumbent

of your assignments in the respective area, pursuant to the organisation regulation.

3. The Order shall have its seat in Porto, and may however be changed by deliberation

of the General Council, approved by an absolute majority.

4. Regional delegations, if they exist, correspond to the territorial units

corresponding to NUTS II of the national territory, and may however aggregate those that do not

contain the minimum number of professionals defined in the regulation referred to in paragraph 2.

Article 21.

(Insygnias)

The Order is entitled to use emblem and seal of its own, as models to be approved

by the General Council, on a proposal from the Directorate.

Chapter II-Members of the Order

Section I-Inscription

Article 22.

(Compulsion)

1. The assignment of the professional title, its use and the exercise of the profession of

nutritionist, in any sector of activity, depend on enrolment in the Order as

effective member.

2. The illegal use of the professional title or the exercise of the untitled profession are punished

in the terms of the criminal law.

3. No one can hire or use services to nutritionists who are not

enrolled in the Order.

4. The infringement of the provisions of the preceding paragraph constitutes counterordinance, punishable by

coima in the amount equivalent to between 3 and 10 IAS, to be applied by the Minister of Health, under

proposal of the Order, to which it competes the instruction of the process and which benefits from 40% of the

amount of the fines applied.

Article 23.

(Trainees)

1. They must register as trainees the candidates for access to the profession, up to the

approval in the evidence of professional habilitation.

2. The trainees may be exempt from quota or subject to the payment of quota

reduced.

2. The trainees are subject to the jurisdiction of the Order, including the disciplinary power,

being however barred from participating in its institutional life.

Article 24.

(Cédula professional)

1. With the inscription is issued the professional ballot, signed by the Bastonary.

2. The professional ballot follows model to be approved by the Directorate.

Article 25.

(Suspension and cancellation)

1. Are suspended from the Order the members who:

a) On your initiative require the suspension;

b) If they find themselves temporarily in a situation of incompatibility with the exercise

of the profession;

c) Be punished with the disciplinary sanction of suspension or subject to suspension

preventive in disciplinary procedure.

2. It is cancelled the inscription on the Order to the members that:

a) Let them carry out the professional activity and thereby communicate it to the Directorate;

b) Be punished with disciplinary sanction of expulsion or with criminal sanction, or other,

of professional interdiction, in the terms of the law

Section II-Rights and social duties

Article 26.

(Rights)

1. Constituts rights of the actual members:

a) Eleger and be elected to the organs of the Order, save the incapacities foreseen in the

present law;

b) to participate in the activities of the Order and to exercise any functions in its scope;

c) To be supported by the Order for the defence of their rights and professional interests,

saved in relation to situations involving disciplinary liability in the face of the Order;

d) To be informed by the Order about the studies, reports and opinions concerning the

exercise of the profession;

e) Participate and benefit from the social and scientific activity of the Order and use the

services offered by the Order;

f) Rewant your professional ballot and the remaining documents required for the exercise

of the profession;

(g) to exercise the right of defence in any disciplinary procedure and to appeal the

acts that affect their rights;

h) Rewant the specialty securities, pursuant to the applicable regulations;

i) Request the official substantiation of your professional qualification;

j) Request the suspension or cancellation of your enrolment, pursuant to the art. 25º.

2. The trainee members shall enjoy the rights that are not vetted and that they do not

are incompatible with your condition.

Article 27.

(Duties)

1. Constituts duties of the actual members:

a) Participate in the institutional life of the Order;

b) Pay the due contributions and fees and the remaining regulatory burdens;

(c) to comply with and enforce the laws, regulations and deliberations of the organs of the

Order;

d) Present to commissions and working groups the collaboration that is requested to them;

(e) to perform the posts for them to be elected and the functions for which they are

designated with their consent or which constitute an obligation under the terms of the

present law;

f) To contribute to the good reputation of the Order and seek to broaden its scope of

influence;

g) Aging solidarily in the defence of the collective interests of the members of the Order.

h) Maintain the informed Order as to all personal and professional data

constants of the professional register, particularly as to the professional domicile and

as for impediments to professional exercise.

2. The trainee members are subject to the duties that are not incompatible

with his condition.

Article 28.

(Not payment of contributions)

The non-payment of contributions for a period of more than one year, after prior notice,

determines the impediment of participation in the institutional life of the Order, as well as of

enjoy their services, while endure that situation.

Chapter III-Organization of the Order

Section I-General provisions

Article 29.

(General Principles)

1. The Order has national bodies, and may also have regional bodies, on the terms

of this law.

2. The national organization of the Order is based on representative democracy and the

separation of organs and powers.

3. No organ may exercise legal competence of another, save delegation

legally admitted and the legally prescribed special cases.

Article 30.

(National Bodies)

They are national bodies of the Order:

b) The General Council;

b) The Bastonary and the Vice-Bastonarium;

c) The Directorate;

(d) The Judicial Council;

e) The Fiscal Council.

Article 31.

(Regional Bodies)

They are organs of the regional delegations, havening them:

a) The regional assembly;

b) The regional direction.

Article 32.

(Incompatibilities)

1. No Member of the Order may belong simultaneously to more than one

of the organs referred to in art. 30º, resourced the integration of the Bastonary and the Vice-Bastonary

in the Directorate.

2. The exercise of posts in the organs of the Order is incompatible as an exercise of the

following posts:

a) Steering cars in other associations of nutritionists;

b) Members of organs of sovereignty or of organs of self-rule of region

autonomous as well as executive bodies of local power;

c) Cargos leaders in the public administration;

d) Cargos in trade union or employers ' associations;

e) Other posts or activities with which a manifest conflict of the

interests, as such stated by the Jurisdictional Council, at the request of the Directorate.

Article 33.

(Duration of tenure and taking of possession)

1. The mandate of the organs of the Order starts on the November 1 and has the duration

of three years ...

2. The constitution or takeover of the elective bodies, as the cases, occurs

on the day of the start of the term of office, unless the organs have not been elected in a timely manner,

case where the inception of functions takes place on the 8º day after the election.

3. Should the commencement of duties of the new holders be possible on the first day of the

mandate, the outgoing holders remain in office for the required time.

4. The holders of national or regional bodies may not be elected or appointed

for a third consecutive term in the same body, nor for a fourth term

consecutive in different organs.

Article 34.

(Resignation and suspension)

1. Members of the organs of the Order shall enjoy the right of resignation to the office for the

which have been elected or assigned.

2. Any member of the organs of the Order, save the Bastonary and the Vice-Bastonary,

may request the temporary suspension of the exercise of its duties, on grounds

duly substantiated, may not the total suspension time exceed six months

in the same term.

3. The resignation or suspension of the mandate shall be communicated to the Presidents of the

respective bodies, as well as the Chair of the General Council's desk, save in the case of the

resignation of the Bastonary and the Vice-Bastonary, which only be presented to the president of the table

of the General Council.

Article 35.

(Vagatura, replacement and interim election)

1. The vacancies verified in collegial organs that result from suspension, resignation,

death or disability, or other causes, are filled by the respective substitutes, in the

terms of the order organization regulation.

2. In the case of vacancy of the post of Bastonário, it is the same replaced by the Vice-

Bastonary and, in the absence of this, by the President of the General Council, taking place the new

election for the post of this ..

3. Permit the mandate, upon decision by the president of the organ to which they belong or

of the respective table, as per the cases, the members who exceed the number of the phalings

provided for in the respective regulation, as well as those who are sentenced to disciplinary punishment

that makes them ineligible for the office they exercise, or that they incur in situations of

incompatibility with the exercise of the profession.

4. The vacancy of more than half of the directly elected collegial body members,

after exhausting all the substitutions, obliges the holding of mid-term elections,

save if it is left less than one year to end the term, in which case the organ will function

with the remaining members, provided that at a minimum of 1/3 the total number.

Article 36.

(Gratuitousness of the posts)

1. Without prejudice to the provisions of the following number, as well as the remuneration of the

official reviewer of accounts, in the terms of art. 55º, the exercise of the posts in the organs of the Order

is free.

2. By deliberation of the General Council, the posts of Bastonário and of the President of the

Jurisdictional Council can be remunerated.

3. The provisions of paragraph 1 shall be without prejudice to the payment of expenses for representation or

travel to the service of the Order, pursuant to the relevant regulations.

Article 37.

(Supportive liability)

1. Members of the collegial bodies respond in solidarity with the acts practiced

in the exercise of the mandate given to them.

2. Stay free of liability the members who have voted expressly

against the deliberation in question, as well as those who have not been present in the session

in which the deliberation has been taken, as long as they have expressed their

disagreement as soon as her have become aware.

Article 38.

(Linking)

1. In order for the Order to be obliged the signatures of the Bastonary are required, or

his / her replacement, and of another member of the Directorate in effectivity of duties.

2. The Directorate may constitute mandatary for the practice of certain and certain

acts, and shall, in order to do so accurately set the scope and duration of the powers conferred.

Section II-General Council

Article 39.

(Composition and election)

1. The General Council shall be composed of between 30 and 50 members, pursuant to the

organization regulation, elected by universal suffrage and by the system of representation

proportional, according to the method of the highest average Hondt, in the territorial circles that

correspond to the regional delegations provided for in Article 20, paragraph 4.

2. If there are no regional delegations, regional constituencies

correspond to the NUTS level II territorial units, and may however be aggregated to

other regional constituencies that have a number of members enrolled lower than

provided for in the electoral regulation.

3. Each regional circle elects at least 2 representatives, the remaining being

reparties by the regional circles proportionally to the number of voters of each.

4. It Is Incumbent on the electoral commission to make the allocation of the representatives by the

various circles, in the terms of the previous figures.

Article 40.

(Competences of the General Council)

It shall compete with the General Council:

a) Eleger and remove his / her desk, pursuant to this Law and draw up his / her

regiment;

(b) Eleger the members of the Jurisdictional Council;

(c) pronount on the appointment of the Directorate, on the proposal of the Bastonary, and

eventually vote on their rejection;

d) Nominate the Fiscal Council;

e) Approve the budget and the plan of activities, as well as the report and the accounts,

on a proposal from the Directorate;

f) Approving draft amendments of the legal regime of the Order, by an absolute majority,

as well as the proposal of its extinction, in this case being required to be ratified by

referendum;

g) Approve the regulations provided for in the law, other than the competence of others

organs, as well as the remaining regulations necessary for the performance of assignments

of the Order;

h) Approve the amount of contributions and fees, on a proposal from the Directorate;

i) Approve the creation of specialty sections and specialty colleges, well

how specialty bonds, and their regulations ;

j) Approve the conclusion of contracts of association or cooperation protocols

with congenic, national or foreign associations, on a proposal from the Directorate.

l) Approve the convening of referendums, on the proposal of the Bastonary, by majority

absolute;

m) to decide on the institution of the Provider of the Infants, under proposal of the Bastonary,

as well as your remuneration.

Article 41.

(Health)

1. The General Council shall convenor ordinarily:

a) At the beginning of the term of office, for the election of the General Council table, as well as for the

Election of the Jurisdictional Council and ratification of the Directorate;

b) Anually, for the approval of the budget and plan of activities, as well as of the

report and accounts of the Directorate;

(c) Quarterly, for consideration of the management of the Order, on the basis of an oral report

presented by the Bastonary.

2. The General Council meets extraordinarily often that the circumstances the

advise and your President the convoque, on your initiative or at the request of the Directorate, of

any of the regional Directions, if they exist, or of a minimum of one third of their

members.

3. If at the time scheduled for the start of the meeting not to be present at least

half of the actual members, the meeting will begin an hour later, with the members

gifts, provided that in number not less than one third.

4. The meeting aimed at the discussion and voting of the report and accounts of the Directorate carries out-

if by the end of the month of March of the immediate year to that of the respective financial year.

Article 42.

(Convocation)

1. The General Council shall be summoned by its Chairman upon postal notice or

electronic exrequest for each of the actual members, with at least 15 days of

advance in relation to the date designated for the holding of the meeting, save case

urgency, in which the meeting can be convened in advance of only 3 days.

2. From the convocation shall appear on the order of business, the time and place of

realization of the meeting.

Article 43.

(Bureau of the General Council)

1. The General Council's desk shall be composed of a President and two Secretaries, elected

individually by absolute majority.

2. The first meeting of the General Council, until the election of the table, is directed by the

more elderly member and secretariats by the youngest member.

Article 44.

(Votes)

1. Unless the cases in which the law requires absolute or more qualified majority, the

deliberations of the General Council are taken by a simple majority, discounted the

abstentions, provided that the votes in favor constitute at least ¼ of the members present.

2. Saved in the secret ballot cases provided for in the law, or by deliberation of the

Council on a case by case, votes are taken by open vote.

Section III-Bastonary and Vice-Bastonary

Article 45.

(Function)

1. The Bastonary represents the Order and is the Chairman of the Directorate.

2. The Vice-Bastonary is the vice-chairman of the Directorate and replaces the Bastonary in its

lines or impediments, as well as in the event of a vagus.

Article 46.

(Election)

1. The Bastonary and the Vice-Bastonary are elected by universal suffrage, on list

joint.

2. For the application to the post of Bastonário and Vice-Bastonary is required the

minimum of 10 years of professional exercise and Portuguese nationality.

3. In the case of none of the competing applications obtaining absolute majority of the

valid votes cast, new vote takes place two weeks later, between the two

applications most voted on in the first vote, which do not declare to withdraw their application.

4. The Bastonary and the Vice-Bastonary shall take possession before the General Council, in the

first meeting of this.

Article 47.

(Competences)

1. Compete to Bastonary:

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

sovereignty and too many organs of power, as well as of European organizations and

international;

b) Presiding to the Directorate and designating the respective vowels;

(c) to direct the meetings of the Directorate, with a vote of quality, and to participate without a vote,

wanting, in the meetings of all the collegiate bodies of the Order , save the Council

Court

d) Perform and enforce the deliberations of the Directorate and the remaining bodies

national;

(e) to exercise the competence of the Directorate in cases of recognised urgency or in the

situations in which such competence is delegated to it;

f) Ensuring the operation of the services of the Order, in respect of the law and of the

respective regulations;

g) Request to any organ of the Order to draw up opinions relating to subjects

of your competence;

h) Nominating the Provider of the Ants, if the post has been instituted;

(i) to contest judicially, by illegality, the acts of the remaining organs of the Order.

2. The Bastonary may delegate powers in the Vice-Bastonary or another member of the

direction of the Order.

Section IV-Directorate

Article 48.

(Composition and appointment)

1. The Directorate is composed of the Bastonary and the Vice-Bastonary and by a number

impair of vowels, at the minimum of three and a maximum of five.

2. The members of the Directorate, save the Bastonary and the Vice-Bastonary, are appointed

by the one and are submitted collectively to the General Council's appreciation before the start

of functions.

3. The General Council may vote on the rejection of the Directorate submitted by the Bastonary,

on a proposal by ¼ of its members, the approval of which is lacking an absolute majority.

4. There is no proposal for rejection, or not being approved, the Directorate

considers itself to be ratified.

5. In the event of a rejection of the Directorate by the General Council or subsequent approval of

a motion of censure by an absolute majority, the Bastonary will present new vowels of the

Direction to the Council's consideration, within two weeks.

6. Censorship motions cannot be discussed or voted on but one week

after your presentation to the chair of the General Council desk.

Article 49.

(Competence)

Compete with the Directorate:

(a) directing the national activity of the Order;

b) Approve the enrollment of new members or have them suspend or cancel them, in the

terms of the law;

(c) to draw up and maintain updated the professional register of all nutritionists;

(d) Give implementation to the deliberations of the General Council and the Jurisdictional Council;

e) Approve the regulations of the Services and facilities of the Order;

f) Promote the installation and coordinate the activities of the regional directorates, if

exist;

g) Dar, directly or through commissions constituted for the purpose, opinions and

information to public and private entities, within the scope of the tasks of the Order;

h) Charge the revenue and carry out the expenditure provided for in the budget;

(i) to elaborate and present to the General Council the plan and the budget, as well as and

report of activities and annual accounts;

j) Deliberate on disposal or oneration of goods of the Order and the contraction of

loans, within the borrowing limits approved in the budget.

l) Accept the legacies or donations made to the Order ;

m) Mark the date of the elections for the bodies of the directly elected Order, in the

terms of the electoral regulation;

(n) directing the services of the Order, appoint the leaders of the services, approve the

hiring staff and the acquisition or leasing of goods and services, as well as practicing the

too much acts and carry out the remaining contracts necessary for the management of the Order;

p) Approve the establishment of forms of cooperation with other entities,

public or private, which contribute to the performance of the tasks of the Order;

(q) to revoke, by its initiative or upon appeal, the acts of the regional bodies, if

these ejam instituted, by illegality or injury of the general interests of the Order, save

of those whose validity is appreciated by the Jurisdictional Council;

r) Approving travel allowances for the members of the organs of the Order, to

effect of meetings or other tasks of the Order;

s) Approve its internal regulation.

Article 50.

(Health)

1. The Directorate meets ordinarily once a month, save if a periodicity

more frequent is decided by the Directorate itself, and extraordinarily whenever

convened by its president.

2. The Directorate can only deliberate validly when it is present more than half

of its members.

3. The deliberations are taken by a simple majority of the members present,

disposing of the president of quality voting.

Section V-Jurisdictional Council

Article 51.

(Composition and assignment)

1. The Jurisdictional Council is composed of five or seven members, pursuant to the

organization regulation, being one of its president members and the remaining vowels.

2. The vowels of the Jurisdictional Council shall be elected by the General Council, by a majority of

3/5, from among members of the Order with at least 5 years of professional enrollment.

3. The President of the Jurisdictional Council shall be elected by the General Council under a proposal

of the Bastonary, by a majority of 2/3, from among members of the Order with at least 10

years of professional exercise or from among personalities of recognized merit alheiah to the

profession.

4. The vowels of the Council of Jurisdiction are automatically re-conducted for a

second term, being renovated half of them in each triennium.

5. In the event of a vacancy, the substitutes shall terminate the mandates in question, including

automatic redriving for second term in accordance with paragraph 4.

6. The Jurisdictional Council is an independent body, and its members may not

be impeached nor censored by their decisions, without prejudice to their respective control

jurisdictional

Article 52.

(Competence)

It is incumbent on the Judicial Council

a) Instructing and judging disciplinary proceedings against the members of the Order;

b) Decide the resources on the validity of decisions regarding loss or suspension of the

mandate of the members of the organs of the Order, the requirements of those concerned;

c) Decide the resources on the validity of the decisions of the other organs of the Order that

directly affect the rights of the associates, specifically in relation to enrolment, the

application for those concerned;

d) Decide the resources of decisions in electoral matters under the terms of paragraph 3 of the art.

72º;

e) Check in advance the legal and regulatory compliance of the referendums

convened by the General Council;

f) Give advice on the proposals for a deontological and a regulation code

discipline, as well as regulations regarding access and exercise of the profession;

g) Approve its internal regulation.

Article 53.

(Health)

1. The Jurisdictional Council gathers ordinarily according to the agenda per se

approved and extraordinarily when summoned by its president, or by whom the

replace, in the terms of the internal regulation.

2. The deliberations are taken by a majority, with no right to abstention, availing the

president of quality voting.

3. The Jurisdictional Council may be advised by a contracted legal advisor

by the Directorate under the proposal of the president of that.

Section VI-Fiscal Council

Article 54.

(Composition and election)

1. The Fiscal Council is composed of a President and two vowels, one of which

compulsorily reviewer of accounts.

2. The Fiscal Council shall be elected by the General Council, by a majority of 3/5, on a proposal from the

Direction.

3. Compete to the deliberation Directorate on the remuneration of the official reviewer of accounts.

Article 55.

(Competence)

It is incumbent on the Tax Council:

a) Check the patrimonial and financial management of the Order.

b) Examine and issue opinion on the annual accounts to be submitted by the Directorate to

General Council;

(c) Pronount on loan contracts negotiated by the Directorate, before

of your conclusion.

d) Present to the Directorate the suggestions that understand of interest of the Order in

property and financial management matter;

(e) to draw up the opinions requested by the other organs of the Order, within the framework of their

competence.

Section VII-Regional Delegations

Article 56.

(Regional Bodies)

1. The institution of regional delegations depends on deliberation by the General Council,

on a proposal from the Directorate, in the terms of regulation to be approved by the one.

2. The regional assembly shall be composed of all members enrolled in the Order with

professional domicile in the territorial circumscription of the respective regional delegation.

3. The regional direction is composed of a president and a number of a number of vowels,

at a minimum of two and a maximum of four, elected by list suffrage, by the members

of the Order inscribed in the respective regional circumscription.

4. The competing lists shall nominate the candidate for president and vice-president.

Article 57.

(Competence)

1. Compete to the regional assembly:

a) Eleger the table of the meetings, as well as the members of the regional direction;

b) Approve the budget and the activity plan, as well as the report and the accounts of the

regional delegation;

(c) Pronount on matters of the competence of the regional delegation, on the initiative

own or at the request of the regional direction.

2. Compete in the regional direction:

a) represent the Order in the respective territorial area, specifically in the face of the

public entities that carry out duties, whenever mandated to the effect by the

Direction;

b) Give implementation to the deliberations of the General Council and the regional assembly and to the

deliberations and guidelines of the national Directorate;

(c) to exercise the powers delegated by the national Directorate;

d) Propose and implement the budget of the regional delegation;

e) Generation the services of the regional delegation;

f) Present to the national Directorate the report and the annual accounts approved by the

regional assembly;

3. Decisions of regional assemblies and regional directorates are likely to

facility for the Directorate of the Order, pursuant to the terms set out in the Code of Procedure

Administrative for the improper hierarchical resource, with the necessary adaptations, not

may be challenged directly before the courts.

Section VIII-Professional sections

Article 58.

(Creation and competences)

1. By deliberation of the General Council, on a proposal from the Directorate, may be created

representative sections of the different professional areas of nutritionists.

2. The organization and competences of the sections shall be governed by regulation of the

General Council.

Chapter IV-Elections and referendums

Article 59.

(Election regulation)

1. Elections are governed by the electoral regulation, to be approved by the General Council,

with respect to this Law and the general principles of national electoral law.

2. Missing Cases will be solved by analogy to the electoral laws of the organs of the

political power, as per cases.

Article 60.

(Election Commission)

1. Direct elections for national bodies and regional bodies, if

exist, are conducted by an electoral commission composed of the Council's desk

General and by a representative of each of the lists admitted to suffrage, which must be

indicated jointly with the submission of their respective applications.

2. The electoral commission is chaired by the chair of the General Council's desk.

3. Compete to the electoral commission:

(a) admit the applications;

b) to Fiscalize the electoral process and to resolve all the issues arising in its scope;

c) Distribute among the different applications the means of support made available by the

Direction of the Order;

d) Proceed to the clearance of election results;

e) Decide the resources of the decisions of the desks of the polling stations.

4. The electoral commission has the support of the services of the Order and all the organs of the

Order shall cooperate with it in the exercise of its functions,.

Article 61.

(Date of elections)

1. Elections will take place simultaneously for all elective bodies up to two

weeks before the term of office.

2. In the case of mid-term elections, they take place up to the 60º day after the

verification of the fact that gave them origin.

Article 62.

(Election capacity)

1. They have the right to vote the members in the full enjoyment of their rights, inscribed on the

Order to date of the marking of the elections, as long as they have the quotas on a day .

2. Without prejudice to the provisions of the Bastonary and the Vice-Bastonary, well

as to the Jurisdictional Council, they may be candidates for the organs of the Order all the

members who are voters, as long as they have not been sanctioned disciplinarily

in the last three years with a higher penalty of censorship.

Article 63.

(Applications)

1. Applications for national bodies and regional bodies, if they exist,

are presented before the chairman of the electoral commission.

2. Each candidate list for collegial bodies is subscribed to by a minimum of 50 voters,

in the case of national bodies, and of 20, in the case of regional bodies, and the lists shall include

the names of all the actual and alternate candidates to each of the organs, together

with the declaration of acceptance.

3. Applications to Bastonario and Vice-Bastonary are subscribed at least for 100

voters.

4. Applications are presented in advance established in the

electoral regulation.

Article 64.

(Equal treatment)

1. The competing lists benefit from equal treatment by the organs and the

services of the Order.

2. The Order is involved in the charges of elections and election campaigns with

amount to be fixed by the Directorate, to be redepart also by the competing lists.

Article 65.

(Electoral notebooks)

1. Election notebooks shall be affixed to the national office and in the seats of the

regional delegations, as per the cases, in advance provided for in the regulation

election in relation to the date of the holding of the election, and it should also be made available

on the site of the Order on the Internet.

2. From the inscription or the undue omission in the electoral rolls can any voter

complain to the election commission in the eight days following those of the affixing, owing this

decide on the complaint within forty eight hours.

Article 66.

(Verification of applications)

1. Election commission shall check the regularity of applications in the five days

subsequent to the closing of the deadline for delivery of the lists.

2. With a view to the supply of the possible irregularities found, the first

subscriptor of the list is notified to the sanar within three working days.

3. Faying the period referred to in the preceding paragraph without proceeding to the regularization of the

applications, should the electoral commission reject them in the following twenty-four hours.

Article 67.

(Boletins of vote)

1. Vote bulletins are edited by the Order, under control of the electoral commission.

2. Vote bulletins, as well as application lists, are sent to all

voters up to one week before the scheduled date for the electoral act and must be

available at the polling places.

Article 68.

(Identification of voters)

The identification of the voters is done through the professional ballot and, failing that, by

middle of the Citizen Card or any other identifying element with photography,

accepted by the voting table.

Article 69.

(Assemblies of vote)

1. For election effect, constitute, at least, so many polling stations

how many of the constituencies, including the voting table at the national headquarters.

2. The electoral commission can determine the territorial unfolding of the circles

election.

Article 70.

(Voting)

1. The vote may be exercised in a presential manner or by post, under the terms of the

electoral regulation.

2. The exercise of the vote by postal means shall imply the renunciation of the presential vote, the

voting discarded from the presential electoral notebooks.

3. Is vetted the vote by proxy.

Article 71.

(Complaints and resources)

1. Voters and candidates may submit complaint to the polling stations, with

foundation in irregularities of the electoral act, which should be decided by the

closure of the assembly.

2. Of the decisions of the complaints rests with immediate appeal to the electoral commission, the

what should you appreciate them within forty eight hours, before proceeding to the clearance

definitive, being the decision communicated to the appellants in writing and affixed at the head office and in the

electronic site of the Order.

3. Of the decisions of the electoral commission shall be an appeal to the Jurisdictional Council, in the

deadline of three working days counted from the date of their affixing.

4. The Jurisdictional Council is summoned by the respective President to decide the

features in the following eight days.

Article 72.

(Referendums)

1. By deliberation of the General Council, taken by an absolute majority, on a proposal from the

Bastonary, may be submitted to the consultative or binding referendum of the members of the

Order any questions of the competence of that body, the Bastonary or the Directorate,

resurred the financial or disciplinary matters.

2. It is subject to mandatory referendum the approval of dissolution proposal of the

Order.

3. The realization of any referendum is mandatorily preceded by the verification

of its legal and regulatory compliance by the Jurisdictional Council, under penalty of

nullity.

4. The organization of the referendums shall comply with the arrangements provided for by the elections, with the

necessary adaptations, in the terms of the competent regulation.

5. Missing Cases will be solved in accordance with the general principles of the scheme

of the political and legislative referendums, established in the Constitution and in the law.

Article 73.

(Professional Sections)

The mandate, competence and form of election of the organs of the professional sections,

when there are, they are listed in their own regulation.

Chapter V-Administrative, patrimonial and financial management

Article 74.

(Social year)

The social year corresponds to the calendar year.

Article 75.

(Administrative management)

1. The Order has necessary services for the performance of its tasks, in the

terms of the respective regulation.

2. Staff shall be subject to the employment contract scheme, with the proviso

established in the law to safeguard equality and non-discrimination in access to

employment in public entities.

Article 76.

(Financial Autonomy)

The Order enjoys budgetary and financial autonomy, without prejudice to the planned tutelage

in this Act and in Law No. 6/2008, of February 13 , as well as from submission to the jurisdiction of the

Court of Auditors.

Article 77.

(Recipes)

1. Constitutions revenue of the Order:

a) the regular contributions of its members;

b) The fees for specific acts or services;

c) the product of the sale of its publications;

d) The donations, inheritances, legacies and subsidies;

e) the income of goods and financial applications;

f) the revenue from activities and projects;

g) The product of the provision of services.

f) Other revenue provided for in the law.

2. The Order may resort to credit within the limits provided for in the law and up to

amount provided for in the budget approved by the General Council.

Article 78.

(Expense)

They constitute expenditure of the Order the spending on facilities and equipment and with the

staff, as well as with all the activities necessary for the performance of their

attributions.

Chapter VI-disciplinary Regime

Article 79.

(Principle of responsibility)

1. Members of the Order respond disciplinarily for the offences to their

duties, under the terms of this Act and the disciplinary regulation.

2. The disciplinary liability of the members before the Order for infringement of the

deontological duties or social duties is independent of responsibility

discipline of nutritionists before the employing entities, for infringement of duties

emerging from working relationships.

3. disciplinary liability shall be independent of civil and criminal liability

arising from the same acts, without prejudice to the following numbers.

4. The charge for a crime practiced in the exercise of professional duties carries the

obligation to initiate disciplinary procedure, if it has not been instituted, and the

criminal conviction carries the preventive suspension of the target.

5. The facts ascertained in criminal proceedings are also considered to be proven in

disciplinary process.

Article 80.

(Exercise of disciplinary action)

1. They can trigger the disciplinary procedure the Bastonary, the national Directorate and

the regional directorates, the Public Prosecutor's Office and, officiously, the president himself of the

Jurisdictional Council.

2. The initiative for disciplinary procedure is still up to the Provider of the Infants, if

exist.

3. The disciplinary procedure against the Bastonary or against any member of the

Jurisdictional Council can only be instituted by deliberation of the approved General Council

by absolute majority.

4. The disciplinary procedure shall be governed by regulation approved by the General Council,

being a supplement to the administration of the disciplinary procedure of the Administration

public.

Article 81.

(Disciplinary offence)

1. It is deemed to be an offence to discipline all action or omission to be consisted of

rape or culpable violation, by any member of the Order, of the duties consigned to the

law, in the deontological code or in the regulations.

2. Any natural or legal person may give notice to the Order of acts

likely to constitute disciplinary infringement practiced by enrolled nutritionists.

Article 82.

(Prescription of disciplinary responsibility)

1. The disciplinary offences prescribe within five years of the practice

of the act, or of the last act in the case of continued practice.

2. If the offences constitute simultaneously criminal offences, they prescribe the

same time as the criminal procedure, if this is superior.

3. The disciplinary responsibility also prescribes if, since the participation of the

infringement committed to any organ of the Order not to initiate the disciplinary procedure

competent in a period of nine months.

Article 83.

(Cessation of disciplinary responsibility)

Disciplinary responsibility remains during the period of suspension of the

enrollment in the Order and not basket with the application for the cancellation of the inscription, nor with the

expulsion, for previously practised offences.

Article 84.

(Disciplinary penalties)

1. The disciplinary penalties are as follows:

(a) Warning;

Censorship;

c) Multa, between 1 and 10 IAS;

d) Suspension of rights and perks in relation to the Order, including electoral rights,

up to a maximum of 2 years;

d) Suspension of the professional exercise up to the maximum of two years;

e) Professional ban.

2. The penalty provided for in subparagraph (a) shall be applied to the offences practiced with light guilt, of

that has not resulted in serious injury to the third party or to the Order.

3. The penalty provided for in paragraph (b) shall be applied to the disciplinary offences practiced with

gross negligence for infringement without gravity or in the event of a reoccurrence in the offence

referred to in the previous number.

4. The penalty provided in the al. c) is applicable to serious offences which should not be punished

with more severe penalty;

5. The penalty provided for in point (d) shall apply to the offence which seriously affects the

dignity and the prestige of the profession or lese relevant rights or interests of third parties;

6. The penalty provided for in paragraph (e) shall apply when, taking into account the nature of the

occupation, the disciplinary offence has brought into question the life, physical integrity of the

people or be seriously injured by the honour or of the alheios or values of values

equivalents.

7. The application of more serious penalties than that of censorship the member who exerts some

role in the organs of the Order implies the ousting of that post.

8. The application of the expulsion penalty, as well as the application of any penalty

discipline to the Bastonary, they cannot, be approved without the favourable vote of the President of the

Jurisdictional Council.

9. The application of suspension or expulsion penalties can only take place preceding

public hearing, unless the defendant is missing, in the terms of the disciplinary regulation.

10. Saved when the Jurisdictional Council justifiably determines something else,

for reasons connected to the defence of the interests of the Order or of legitimate rights or interests

of third parties, disciplinary sanctions are always made public.

Article 85.

(Graduation)

In the application of penalties must be met with professional and disciplinary background

of the accused, to the degree of guilt, to the seriousness and consequences of the offence and to all too many

aggravating or mitigating circumstances.

Chapter VII-Tutela and external responsibility of the Order

Article 86.

(Ministerial Tutela)

1. The powers of guardian on the Order, pursuant to Law No. 6/2008, of 13 of

February, they are exercised by the member of the Government responsible for the area of health,

may be delegated to a secretary of state.

2. RThessaloniki the cases provided for in the Act, the acts and regulations of the Order are not

subject to authorization or government approval.

3. Compete to the Bastonary submit the tutelary approval, in the terms of the law, the

regulations that versem on the professional internships and professional proofs of access

to the profession, on quotas and associative fees and on professional specialties.

Article 87.

(Annual report and information duties)

1. The Order elabates annually a report on the performance of its

assignments, which shall be present to the Assembly of the Republic and to the Government.

2. The Order provides the Assembly of the Republic and the Government with all the information that it

is requested in respect of the exercise of its assignments.

3. The Bastonary shall correspond to the request of the parliamentary committees

competent to provide the information and clarifications that these require.

Article 88.

(Resources)

1. Of the acts practiced by the organs of the Order in the exercise of public powers rests

contentious appeal for administrative courts under the law.

2. However, the said jurisdictional appeals may not be interposed before

be exhausted the internal resources provided for in this law, specifically the resources for

the Jurisdictional Council.

Chapter VIII-Final and transitional provisions

Article 89.

(National Installer Commission)

1. The Order considers itself to be effectively installed with the first meeting of the Council

General and the concomitant taking possession of the first Bastonary elected under the terms of the

statutes.

2. Until that date, the Order is interinely managed by an Installer Commission

National, with limited powers to that effect.

3. The National Facilities Commission shall consist of five elements of the Directorate of

Portuguese Association of Nutritionists, including its Chairman.

4. The National Installer Commission starts functions within 60 days after the entry

in vigo of this Law.

5. The warrant of the National Installer Commission has the maximum duration of one year to

from the date of the commencement of duties, ceasing with the investiture of the national bodies of the

Order, pursuant to paragraph 1.

6. The illegal acts of the National Installer Commission are likely to appeal to the

Minister of Health, without which they cannot be judicially challenged.

Article 90.

(Competence and operation of the National Facilities Commission)

1. Compete to the National Facilities Commission:

a) Promote the inscriptions in the Order pursuant to this Law and approve the respective

provisional regulation, including the provisional value of application fees;

(b) to draw up and maintain updated the national register of nutritionists and to make it

public on the site of the Order on the Internet;

c) Prepare and submit ministerial approval the necessary regulations at the entrance

in operation of the Order, in particular those relating to the electoral acts;

d) Prepare the electoral acts and proceed to the convocation and organization of the first

elections to the organs of the Order, pursuant to this Law, up to 30 days before the term

of his mandate and appreciate the possible resources;

e) Realize all the necessary acts for the installation and start of operation of the

Order;

f) Convocation of the first meeting of the General Council, which will include the taking of the

Bastonary and the Vice-Bastonary, in the 15 days after the clearance of the results

election, or the judgment of resources, if any,

g) Prestar accounts of the mandate exercised upon report addressed to the Minister of

tutelage and the elected bodies of the Order.

2. In the pursuit of its competences, the National Facilities Commission shall be governed by

by this law with the necessary adaptations and by the rules concerning the " structures of

mission ", in the applicable part.

3. The expenses of the National Facilities Commission, pursuant to the order set out in the order

ministerial, run on account of the Order, being met in particular by way of the

revenue from the application fees charged.

Article 91.

(Enrollment in the Order during the installation period)

1. Without prejudice to the impediments provided for in the Act, they may apply to the Commission

National installer your enrolment as effective members of the Order the professionals in

activity which, having an enabling academic title, in the terms of the Annex to this Law,

prove the exercise of professional activity for a minimum period of 12 months,

up to 30 days prior to the date scheduled for the first elections, in the terms to be defined by

that one.

2. Presume that fulfills the requirement for professional exercise referred to in the para.

previous to professionals who have been associated for more than one year of the Portuguese Association

of Nutritionists.

Article 92.

(Transient dispensation of internship and proof of professional habilitation)

1. Without prejudice to the professional internships provided for in the public health services or

other, the professional internship and the professional habilitation evidence referred to in articles 6º

and 7º only consider themselves to be required for enrollment in the Order for nutritionists who initiate the

professional activity one year after the commencement of operation of the Order, and may

deadline to be extended by the Directorate for equal period.

2. Until the end of the period provided for in the preceding paragraph, and without prejudice to the stages

professionals required in public health services and others, can sign up as

effective members of the Order, entitled to the professional title, the title holders

qualified academic who have been practicing the profession for at least one year, being

enrolled as trainee members those who do not yet fulfil that last requirement.

Article 93.

(Regulations)

It is incumbent on the first Directorate to prepare and present to the General Council, within the

three months after the first meeting of this, projects for internship regulation, of evidence

of evaluation, as well as of a deontological code and of disciplinary regulation, which

shall be approved by the Council until the end of the 6º month after its first meeting.

Article 94.

(Jurisdictional Council)

1. The first Jurisdictional Council shall be elected by the General Council in its

first meeting or in the subsequent 60 days.

2. In the first composition of the Jurisdictional Council, they are chosen by drawing draw, soon

after the election, the vowels who are going to exercise two mandates and those finishing duties at the end

of the first term.

Article 95.

(Temporal requirement of passive electoral capacity)

As long as the corresponding number of years has not elapsed, the requirement of

passive electoral capacity pertaining to the minimum number of years of enrollment in the Order

includes the number of years of exercise of the proven profession to the electoral commission.

Article 96.

(Disciplinary responsibility)

The disciplinary responsibility of current professionals begins with their enrollment in the

Order, not covering the acts practiced previously.

Article 97.

(Duration of the first term)

The first term of the organs of the Order starts on the day of the first meeting of the

General Council and the taking of possession of the Bastonary and ends on the October 31 of the

subsequent third year.

Article 98.

(Portuguese Association of Nutritionists)

1. If, following the creation of the Order of the Nutritionists, it is extinguished the Association

Portuguese of Nutritionists, your goods and credits, free of burden and charges, revert to

favour of the Order, re-salvaged the provisions of paragraph 1 of the art. 166º of the Civil Code.

2. By decision of the Directorate, and save opposition from those concerned, the Order may succeed

in the position of the Association in employment contracts, provision of services, of

leasing, leasing and other contracts in which the Order has an interest.