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Second Amendment To The Statute Of The Order Of Doctors, Conforming With The Law No. 2/2013, Of January 10, Which Establishes The Legal Regime Of Creation, Organization And Functioning Of Public Professional Associations By Repealing Decree-Law No. 217...

Original Language Title: Segunda alteração ao Estatuto da Ordem dos Médicos, conformando-o com a Lei n.º 2/2013, de 10 de janeiro, que estabelece o regime jurídico de criação, organização e funcionamento das associações públicas profissionais, revogando o Decreto-Lei n.º 217/94,

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Proposal for Law No 311 /XII

Exhibition of Motives

Law No. 2/2013 of January 10 established a new legal regime of creation,

organization and operation of professional public associations.

The new regime sets out rules on the creation, organisation and operation of the

professional public associations and on the access and exercise of regulated professions by

professional public associations, with regard to, specifically, the free provision of

services, to freedom of establishment, to professional internships, to societies of

professionals, the regimes of incompatibilities and impediments, the advertising, well with the

widespread provision of relevant information on practitioners and on the

respects societies regulated by professional public associations.

In accordance with Article 53 of Law No 2/2013 of January 10, it becomes

necessary to appropriate the status of the professional public associations already set up under the scheme

statued by that law.

By this Law proceeds to the adequacy of the Statute of the Order of Doctors approved

by Decree-Law No. 282/77 of July 5, as amended by Decree-Law No. 217/94, of 20 of

August, to the scheme provided for in Law No. 2/2013 of January 10, which in essence translates to

maintenance of the statutory provisions already existing with the changes arising from the

application of the said law.

It was heard the Order of the Doctors.

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Thus:

In accordance with Article 53 (5) of Law No 2/2013 of January 10 and of the d ) from the

n Article 197 (1) of the Constitution, the Government presents to the Assembly of the Republic a

the following proposed law:

Article 1.

Object

This Law proceeds to the second amendment to the Decree-Law No. 282/77 of July 5,

amended by Decree-Law No. 217/94 of August 20 approving the new Statute of the

Order of the Doctors, adhering to the Act No 2/2013 of January 10, which sets out the

legal regime for the creation, organization and operation of public associations

professionals.

Article 2.

Amendment to the Status of the Order of Physicians

The Statute of the Order of Physicians, adopted in annex to the Decree-Law No. 282/77, of 5

of July, as amended by Decree-Law No. 217/94 of August 20, passes to have the essay

constant in Annex I to this Law and of which it is an integral part.

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Article 3.

Transitional arrangement

1-The provisions of this Law shall not affect the current composition of the organs of the Order of the

Doctors, keeping current mandates on course with the duration initially

defined.

2-Until the approval of the regulations referred to in the following paragraph shall remain in force

the regulations issued by the Order of Physicians not to contravesthe provisions of the

Statute approved in annex to this Law.

3-A The Order of the Doctors approves, within 180 days, from the date of entry into

Vigour of this Act, the regulations provided for in its Statute.

Article 4.

Abrogation standard

The Decree-Law No. 217/94 of August 20 is repealed.

Article 5.

Republication

It is republished in Annex II to this Law and of which it is an integral part, the Decree-Law

n. 282/77, of July 5, with the current essay.

Article 6.

Entry into force

This Law shall come into force 30 days after its publication.

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Seen and approved in Council of Ministers of March 19, 2015

The Prime Minister

The Minister of the Presidency and Parliamentary Affairs

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ANNEX I

(referred to in Article 2)

STATUS OF THE ORDER OF DOCTORS

Article 1.

Legal nature

1-A Order of the Doctors, hereafter abbreviated by Order, is the association

public professional representative of those who, in accordance with the precepts of the

this Statute and the applicable legal provisions, they exercise the profession of medical practitioner.

2-The professionals enrolled in the Order denominate themselves doctors.

3-A Order is a collective person of public law, which is governed by the respect of the law of

creation, by Law No. 2/2013 of January 10, and by the provisions of this Statute.

Article 2.

Thirst and scope of acting

1-A Order has a national scope, has its registered office in Lisbon and is structured in the regions

of the North, the Center and the South, which have their headquarters, respectively, in Porto, in Coimbra

and in Lisbon.

2-A Order is, still, structured in the sub-regions of Braga, Bragança, Porto, Viana do

Castle, Royal Villa, Aveiro, White Castle, Coimbra, Guard, Leiria, Visit, Beja, Évora,

Faro, Lisbon, West, Portalegre, Ribatejo, Setúbal and on the medical boards of the Regions

Autonomous of the Azores and Madeira.

3-A each of the regions correspond to the following geographical areas:

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a) North:

i) Sub-region of Braga, which includes the concelhos of Aseas, Barcelos, Braga,

Cabins of Basto, Celorico de Basto, Esposende, Fafe, Guimarães,

Pole of Lanky, Golden Lands, Vieira do Minho, Vila Nova de

Famalicão, Vila Verde and Vizela;

ii) Sub-region of Bragança, which includes the Alfandega concelhos of the Faith,

Bragança, Carrazeda of Ansiaes, Freixo of Spade à Cinta, Macedo de

Knights, Miranda of the Douro, Mirandela, Mogadouro, Moncorvo, Vila

Flower, Vimioso and Vinhais;

iii) Sub-region of the Port, which includes the counties of Amarante, Arouca, Baião,

Castle of Paiva, Spinho, Felgueiras, Gondomar, Lousada, Maia, Marco de

Canavezes, Matosinhos, Paths of Ferreira, Paredes, Penafiel, Porto, Póvoa

of the Varzim, Santa Maria da Fair, Santo Tirso, Trofa, Valongo, Vila do

Count and Vila Nova de Gaia;

iv) Sub-region of Viana do Castelo, which includes the Arcos ' concelains of

Valdevez, Caminha, Melgsteel, Monsoon, Courses of Coura, Barca Bridge,

Bridge of Lima, Valencia, Viana do Castle and Vila Nova de Cerveira;

v) Sub-region of Vila Real, which includes the concelhos of Alijó, Armamar, Bootic,

Keys, Cinfos, Lamego, Martian Frio, Mondim de Bastos, Montalegre,

Murth, Rest's Weight, Resende, Ribeira de Pena, Sabrosa, Santa Marta de

Penaguion, Saint John of the Fishing, Tabusteel, Valpains, Little Village of Aguiar

and Vila Real;

b) Center:

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i) Sub-region of Aveiro, which includes the Councelts of Águeda, Albergaria-a-

Old, Anadia, Aveiro, Estarreja, Ilhavo, Mealhada, Murtosa, Oliveira de

Azemels, Oliveira do Neighborhood, Ovar, Saint John of Madeira, Sever of the Vouga,

Vagos and Cambra Valley);

ii) Sub-region of Castle-White, which includes the concelhos of Belmonte, Castle

White, Covilhã, Fundão, Idanha-a-Nova, Oleiros, Penamacor, Proença-a-

Nova, Sertã, King's Village and Old-Rhône Village;

iii) Sub-region of Coimbra, which includes the Arganil's, Cantanhede counties,

Coimbra, Conlet-a-Nova, Figueira da Foz, Guns, Lousã, Mira, Miranda

of the Corvo, Montemor-o-Old, Oliveira of the Hospital, Pampilhosa da Serra,

Penacova, Penela, Soure, Tábua and Vila Nova de Poiares;

iv) Sub-region of the Guard, which includes the concelhos of Aguiar da Beira, Almeida,

Celorico da Beira, Figueira de Castle Rodrigo, Fornos de Algodres,

Gouveia, Guard, Manteigas, Mêda, Pinhel, Sabugal, Seia, Trancoso and Vila

New from Foz Côa;

v) Sub-region of Leiria, which includes the concelhos of Alcobaça, Alvaiázere,

Longing, Battle, Castanheira de Pera, Figueiró dos Vinhos, Leiria, Navy

Grande, Nazareth, Pedrogical Grande, Pombal and Port of Mós);

vi) Viseu Sub-region, which includes the Carregal Concelhos of the Sal, Castro

Daire, Mangualde, Moimenta da Beira, Mortágua, Nelas, Oliveira de Frades,

Penalva of the Castle, Penedono, Santa Comba Dão, S. Pedro do Sul, Sáso,

Sernancelhe, Tarouca, Tondela, New Village of Paiva, Viseu and Vouzela;

c) South:

i) Beja Sub-region, which includes the concelhos of Aljustrel, Almodôvar, Alvito,

Barranks, Beja, Castro Verde, Cuba, Ferreira do Alentejo, Mértola, Moura,

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Odemira, Ourique, Serpa and Vidigueira;

ii) Sub-region of Évora (Alandroal, Arraiolos, Borba, Estremoz, Évora,

Montemor-o-Novo, Mora, Mourão, Portel, Redondo, Reguengos de

Monsaraz, Sales New, Viana do Alentejo and Vila Viçosa);

iii) Sub-region of Faro (Albufeira, Alcoutim, Aljezur, Castro Marim, Faro,

Lagoon, Lagos, Loulé, Monchique, Olhão, Portimão, Saint Brás de Alportel,

Silves, Tavira, Village of the Bishop and the Royal Villa of Santo António);

iv) Sub-region of Lisbon City (Lisbon);

v) Sub-region of Greater Lisbon (Alenquer, Amadora, Arruda dos Vinhos,

Azambuja, Cascais, Loures, Mafra, Odivelas, Oeiras and Sintra);

vi) Sub-region of the West (Bombarral, Cadaval, Queen's Caldas, Lourinhã,

Deaths, Peniche, Sobral of Monte Agraço and Torres Vedras);

vii) Sub-region of Portalegre (Alter of the Chão, Arronches, Avis, Campo Maior,

Castle of Vide, Crato, Elves, Frontier, Gairplane, Marvain, Monforte, Nisa,

The Bridge of Sor, Portalegre and Sousel);

viii) Sub-region of the Ribatejo (Abrantes, Alcanena, Almeirim, Alpiarça, Benavente,

Cartaxo, Chamusca, Constancy, Coruche, Entroncamento, Ferreira do

Zêzere, Golegan, Mation, Ourém, Rio Largest, Salvaterra de Magos, Santarém,

Sardoal, Tomar, Torres New, Frank Village of Xira and Vila Nova da

Barquinha);

ix) Sub-region of Setúbal (Alcácer do Sal, Alcochete, Almada, Barreiro,

Grândola, Moita, Montijo, Palmela, Santiago do Cacém, Seixal, Sesimbra,

Setúbal and Sines);

x) Autonomous regions of the Azores and Madeira.

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4-Regional structures ensure the pursuit of the tasks of the Order in the respect

territorial area, under the terms of this Statute.

5-Have national validity:

a) The administrative acts practiced by regional and sub-regional structures;

b) The formalities of control practiced by professionals, by the societies of

professionals or by other associative organizations of professionals to provide

services in national territory, in the face of regional and subregional structures.

Article 3.

Attributions

1-Are attributions of the Order:

a) To regulate the access and exercise of the medical profession;

b) To contribute to the defence of the health of citizens and the rights of patients;

c) Represent and defend the general interests of the profession;

d) Grant the professional title and professional specialization titles;

e) Award prizes or honorific titles;

f) To draw up and update the professional register;

g) Exercising the disciplinary power over physicians under the terms of this Statute;

h) Providing services to doctors, with respect to the professional exercise,

specifically in relation to information and vocational training;

i) Collaborate with the other entities of the Public Administration on the issues of

public interest related to the medical profession;

j) Participate in the drafting of the legislation that concerns the access and exercise of the

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medical profession;

k) Participate in the official accreditation processes and the evaluation of the courses they give

access to the medical profession;

l) Recognizing the professional qualifications obtained outside the national territory, in the

terms of the law, the law of the European Union or international convention;

m) Organizing events of a scientific, cultural and recreational nature;

n) Assign solidarity benefits to the deprived doctors, through the Fund

of Solidarity;

o) Continue any others that are committed to you by law.

2-A Order is prevented from exerting or participating in activities of a union nature

or that they relate to the regulation of economic or professional relations of their

members.

Article 4.

Administrative autonomy

1-A Order, in the exercise of its public powers, practise the administrative acts

necessary for the pursuit of their assignments and approve the regulations provided for in the Act

and in this Statute.

2-Ressalved the cases provided for in the law, the acts and the regulations of the Order are not

subject to government approval.

Article 5.

Patrimonial and financial autonomy

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1-A Order has heritage and own finances, as well as autonomy

budget.

2-A Financial autonomy includes the power to set the amount:

a) Of the monthly or annual quota of its members;

b) Of the fees for the services provided, according to criteria of proportionality.

Article 6.

Principle of specialty

1-A The legal capacity of the Order covers the practice of all legal acts, the enjoyment of

all rights and the subjection to all obligations necessary for the pursuit of the

respect for purposes and assignments.

2-A Order does not develop activities nor does it use its powers outside of its assignments,

nor does it dedicates its resources to the various purposes of those committed to it by the present

Statute.

Article 7.

Principle of transparency

Without prejudice to the other information provided for in Article 23 of Law No 2/2013 of 10 of

January, in addition to the information referred to in Article 6 (3) of the Decree-Law

n ° 92/2010 of July 26 and in Article 19 (4) of Directive No 2000 /31/CE, of the

European Parliament and of the Council of June 8, 2000 on certain legal aspements

of the services of the information society, in particular of the electronical trade, on the market

internal, the Order shall make available to the general public by means of its electro site in the

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Internet, the following information:

a) The regime of access and exercise of the profession;

b) The principles, the deontological rules and the technical standards applicable to their

members;

c) The procedure of filing of complaint or complaints by the recipients

concerning the services provided by professionals in the context of their

activity;

d) The job offers in the Order.

e) The updated record of the members of which it appears:

i) The name, the professional domicile and the number of wallet or ballot

professionals;

ii) The designation of the title and professional specialties;

iii) The situation of suspension or temporary interdiction of the exercise of the activity,

if it is the case.

f) Updated registration of professionals in free provision of services in the territory

national, which are deemed to be enrolled in accordance with Article 4 (2) of the Law

n. º9/2009 of March 4, as amended by the Laws No 41/2012 of August 28, and

25/2014, of May 2, which behold:

i) The name and professional domicile and, in case there is, the designation of the title

professional of origin and respect specialties;

ii) The identification of the professional public association in the Member State of

origin, in which the professional finds himself enrolled;

iii) The situation of suspension or temporary interdiction of the exercise of the activity,

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where appropriate;

iv) The information relating to the companies of professionals or other forms of

associative organization of professionals to provide services in the

State-Member State of origin, in case here you provide services in that capacity.

g) Updated registration of the licences for the realization of traineeships

professional granted, which will behold the name of the person concerned and the place of

realization of the stage.

Article 8.

Principle of cooperation with other entities

1-A Order may constitute or participate in private law associations and cooperate

with related entities, national or foreign, especially within the framework of the Union

European, the European Economic Area and the Community of Countries of Language

Portuguese.

2-For the better pursuit of its assignments, the Order may establish agreements of

cooperation with other public or private entities, national or foreign,

re-salvaged the entities of a union or political nature.

3-A Order provides and requests the administrative authorities of the other Member States and

to the European Commission mutual assistance and take the necessary steps to cooperate

effectively, notably through the Internal Market Information System, in the

scope of the procedures for service providers already established in another

Member State, pursuant to Chapter VI of the Decree-Law No. 92/2010, of 26 of

July, Rule 51 (2) of Law No 9/2009 of March 4, amended by the Laws

n. paragraphs 41/2012, of August 28, and 25/2014, of May 2, and of paragraphs 2 and 3 of Article 19.

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of Directive No 2000 /31/CE, of the European Parliament and of the Council, of June 8 of

2000, concerning certain legal aspements of the services of the information society, in

special of the electrolytic trade.

4-In relation to the recognition of professional qualifications, the Order exercises the

competences provided for in Article 47 (9) and in Article 51 (2) of the Law

no 9/2009 of March 4, as amended by Laws No 41/2012 of August 28, and 25/2014,

of May 2, in accordance with the law.

Article 9.

Regulatory power

1-The regulations of the Order apply to all of its members.

2-A The drafting of the Regulations follows with due adaptations the scheme provided for in the

Administrative Procedure Code, including the willing as to the consultation

public and the participation of those concerned.

3-The regulations of the Order with external effectiveness are published in the 2 th series of the Journal of the

Republic , without prejudice to its publication in the national magazine of the Order or on its website

electro.

Article 10.

Organs

1-A Order has own organs and its internal organisation is subject to the principle

of the separation of powers.

2-Are bodies of generic competence of the Order:

a) At the sub-regional level, the sub-regional assembly and the sub-regional council;

b) At the level of the autonomous regions of the Azores and Madeira, the regional assembly

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of the autonomous regions of the Azores and Madeira, the medical council of the regions

autonomous of the Azores and Madeira and the tax council of autonomous regions

of the Azores and Madeira;

c) At the regional level, the regional assembly, the regional council and the tax council

regional;

d) At the national level, the assembly of representatives, the national council, the

bastonary, the top council and the national tax council.

3-Are organs of disciplinary competence:

a) The regional disciplinary boards;

b) The top council.

4-Are advisory technical bodies, the colleges.

5-Are advisory bodies of specific competence:

a) The national council of medical ethics and deontology;

b) The national council for teaching and education;

c) The national council for continuing vocational training;

d) The national council for the national health service / medical careers;

e) The national council for the exercise of private and convening medicine;

f) The national council of social solidarity;

g) The national council for the prevention of medical error and serious adverse events;

h) The national council for the award of scientific sponsorship;

i) The national council of postgraduation;

j) The national council of the policy of the medicine;

k) The national council of continued care;

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l) The national council for computer technologies in health;

m) The national council for auditing and quality;

n) The national council for ecology and health promotion;

o) The national council of the internal doctor.

Article 11.

Protocolar hierarchy

The protocolar hierarchy of the holders of the organs of the Order is as follows:

a) Bastonary of the Order;

b) President of the assembly of representatives;

c) President of the top council;

d) Chairs of the regional councils;

e) Chairpersons of regional disciplinary boards;

f) Chairs of the councils of the sub-regions and the medical councils of the Azores

and of Madeira;

g) Remaining members of the elected bodies of the Order.

Article 12.

Duration of the mandates

The term of office of the elected bodies shall be three years, and may be re-elected for once, not

may be effected more than two consecutive terms in the same office or at the same

organ.

Article 13.

Right to vote

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The election of the members of the organs is held by a vote in universal, secret ballot,

direct and periodical, in assembly convened for the purpose.

Article 14.

Elections

The elections are governed by the electoral regulation, approved by the general council, with

respect for the provisions of this Statute.

Article 15.

Submission of applications

1-A The election of the organs is made by lists, unless expressly provided otherwise, which

should nominate the effective candidates and contain a number of alternates in the ratio of

20% of the effective members.

2-Each list should be proposed by a minimum of 150 doctors or, alternatively, 10%

of the doctors enrolled in the area, in the enjoyment of all their statutory rights.

3-Should equal opportunities be secured to all competing lists, and constitute-

if, in order to scrutinise the election, an electoral commission, which integrates the assembly table

respect and a delegate from each of the lists.

4-With the applications must be submitted the action programmes of the candidates.

Article 16.

Eligibility

1-Any physician, effective member of the Order, with enrollment in force and in full

exercise of your rights can vote and be elected to the organs of this.

2-To be eligible for Bastonarium must have at least five years of enrollment in the

Order.

Article 17.

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Incompatibilities in the exercise of functions

1-The exercise of executive, disciplinary and supervisory functions in organs of the Order

is incompatible with each other.

2-It is also incompatible the exercise, at the same time, of two or more posts whose

election be direct.

3-The post of holder of organ of the Order is incompatible with the exercise of any

public or private senior leadership roles, with a governing post of structures

trade union or with any other function with which a manifest conflict occurs

of interests.

4-The situations of manifest conflict of interest referred to in the preceding paragraph are

appreciated and deliberated by the top council, upon application by any

medical.

5-A The rule provided for in paragraphs 2 and 3 does not apply to technical bodies-advisory and

advisory of the Order, provided that no conflict of interest occurs between the

entitlements of a member of the organ and that of the opinion to be issued by the said technical bodies

advisory and advisory, in which case the doctor has to apply for escusa.

Article 18.

Removal of the members of the organs

1-The term of office of the organs may cease by decision of the respective assemblies, provided that

convened expressly for appreciation of the acting of the same and when the number

total voting members are more than 20% of the doctors enrolled in the area's respective respects.

2-The bastonary can be impeached by a three-quarters majority of the effective members

of the assembly of representatives.

3-A assembly that would remove all or most of the members from some of the organs

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of the Order shall elect a provisional commission which transitional the substitutes to the

elections, which must be held within a maximum of 90 days.

4-The term of office of the elected bodies under the conditions laid down in the preceding paragraph at the end

of the normal term of the replaced organs.

Article 19.

Remuneration

Permanent executive positions can be remunerated in accordance with the regulation

general of the Order, to be approved by the assembly of representatives.

Article 20.

From the sub-regional assembly

1-A Sub-regional assembly consists of all the doctors in the sub-region, in the enjoyment

of the respective statutory rights.

2-Each doctor can only belong to a sub-region.

Article 21.

Table of the sub-regional assembly

1-A The table of the sub-regional assembly consists of a president, by a secretary and

by a vice president, who replaces the president in his absences and impediments.

2-A The table of the sub-regional assembly is elected by a simple majority.

Article 22.

Competence of the sub-regional assembly

It is incumbent on the sub-regional assembly:

a) Elect the members of the respectful table of the sub-regional assembly;

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b) Elect the members of the sub-regional council;

c) Appreciate all the subjects of the Order at the sub-region level and participate in the

studies of a regional and national scope;

d) Appreciate the activity and reports of the sub-regional council;

e) Approve your regiment.

Article 23.

Operation of the sub-regional assembly

1-A The sub-regional assembly convenes, ordinarily every three years, to elect a

board of the sub-region and the members of the medical board and at least

once a year, to appreciate the activity exercised or to exercise by the medical board.

2-A sub-regional assembly brings together, extraordinarily, whenever convened by its

president, when 10% of physicians enrolled in the sub-region respect the rewant, or the

request from the president of the regional council of the respect area.

3-A convocation of the sub-regional assembly is made by the chair of the table or, in the event of

impediment, by the Vice-President, through the Order's Electrophic site, through

summons notice addressed to the members and published in daily newspaper of the region, with the

minimum 15-day notice, owing to the convocation to indicate the day, the time and the place

of the meeting, as well as the order of the works.

Article 24.

From the sub-regional council

1-The sub-regional council consists of five members, one of which exercises the

functions of president, another of vice president and another still of secretary.

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2-The sub-regional council is elected by a simple majority, owing each competing list

identify the candidate for president, the vice president and the secretary of the council sub-

regional.

3-The competing lists to the election for sub-regional council should include two alternates.

Article 25.

Competences of the sub-regional council

It is incumbent on the sub-regional council:

a) Dynamising the doctors in their geographical area of acting, according to the

local characteristics and the resolutions of the sub-regional and regional assemblies and

of the deliberations of the regional, national and general councils;

b) Ensure compliance with the deontological precepts, enforce the standards

received and suggest standards to be implemented;

c) Follow up with the approved social solidarity programme;

d) Exercise the remaining skills delegated to you by the boards

regional.

Article 26.

Medical advice from the autonomous regions of the Azores and Madeira

1-The medical councils of the autonomous regions of the Azores and Madeira exercise

administrative skills, taking into consideration the interests of the Order

in the respects autonomous regions and the corresponding normative framework.

2-The medical councils of the autonomous regions of the Azores and Madeira are composed

by five members, from among whom a President, a Vice-President, a Secretary

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and a treasurer.

3-The medical councils of the autonomous regions of the Azores and Madeira proceed to the

collection of the quotas and fees of doctors enrolled in the respective areas.

4-The medical advice of the autonomous regions of the Azores and Madeira apply, in

all that is compatible, the provisions on the sub-regional councils, with the

due adaptations.

5-For disciplinary purposes, the facts practiced in the area of intervention of councils

doctors from the autonomous regions of the Azores and Madeira are subject to the jurisdiction of the

southern regional disciplinary council.

Article 27.

Budget of autonomous regions

The medical councils of the autonomous regions draw up and approve the budgets of the

respects regions until the November 15 of each year and submit it to the council

national, as well as draw up and approve the reports and accounts that also submit

to the national council.

Article 28.

Fiscal council of autonomous regions

1-The tax council of the autonomous regions is composed of three members, one being

the president.

2-The regional tax council of autonomous regions is elected on lists, by simple majority,

of among the doctors enrolled in the region's respective respects.

3-In the exercise of its functions, the regional tax council of the autonomous region may

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turn to the technical support of the official auditors.

4-The chairman of the regional tax council of autonomous regions can watch and be

convened for the meetings of the medical board of the autonomous regions.

Article 29.

From the regional assembly

The regional assembly consists of all the doctors enrolled in the regional section of the

respects area under Rule 2 (3) in the full enjoyment of its rights.

Article 30.

Table of the regional assembly

1-A The table of the regional assembly consists of a president, by two secretaries and

by a vice president, who replaces the president in his absences and impediments.

2-A The table of the regional assembly is elected by a simple majority.

Article 31.

Competences of the regional assembly

1-Compete to the regional assembly:

a) Pronouns on all subjects that matter to doctors, provided that

build on the respective order of work;

b) Debating the amendments to this Statute, when expressly convened

for the purpose;

c) Elect the table of the regional assembly and the members of the regional council, of the

regional disciplinary council and the regional tax council;

d) To promote, in the event of removal, the replacement of the members of the table of the

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regional assembly, the regional council, the regional disciplinary council and the

regional tax council;

e) Approve the report of activities and accounts of the regional council;

f) Appreciate and deliberate on the proposed regional activities and budget plan

by the regional council.

2-A The regional assembly has deliberative and binding power on matter concerning the

respect area, without prejudice to be able to appreciate and deliberate on matter of scope

national, which must be presented to the other regional or national bodies of the Order.

Article 32.

Ordinary meetings

The regional assembly convenes, ordinarily, every three years, to elect the table of the

regional assembly, the elected members of the regional council, the disciplinary board

regional and the regional tax council and at least once a year, to appreciate and

to deliberate on the activity exercised or to exercise by the regional council, including

approval of the report of activities and accounts, plan of regional activities and budget.

Article 33.

Convocation of the regional assembly

1-A The convening of the regional assembly is made by the president of the respective bureau or, in

case of hindrance, by the Vice-President, through notice addressed to the members,

published in daily newspaper of the region, and through the electronic site of the Order and, by

electro mail, with the minimum 15 days ' notice, owing to the convocation

indicate the day, the time and place of the meeting, as well as the Order of work.

2-A Regional assembly meets, extraordinarily, whenever convened by its

president, when 10% of doctors enrolled in the respected region require it or the

request from the president of the regional council of the respect area.

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Article 34.

Quorum of deliberation

1-In the ordinary meetings, the regional assembly deliberates by a simple majority of the

members present.

2-In the extraordinary meetings of the regional assembly the deliberations are binding

when they participate in a number of voting higher than 10% of the registered doctors.

3-Only the deliberations on the subjects set out in the order of work are valid.

Article 35.

From the regional council

1-The regional council consists of 11 members, elected on the list by each of the

regions defined in the terms of Article 2 (3).

2-Elected members are elected by list that identifies the candidate for president, the deputy

president, the secretary and the treasurer, the vowels and the three alternates.

3-The regional council is elected on lists, by a simple majority of among the doctors enrolled

in the region's respect, the polling stations may operate at the sub-regional level.

4-Can you participate in the meetings of the regional councils, either by your initiative or at the invitation

of the respected presidents, the presidents of the sub-regional councils, when they are

in question interests of the sub-region respect.

5-The chairs of the sub-regional councils participating in the meetings, pursuant to the

previous number, have a right to know the work orders of the regional councils and

in them to include subjects.

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Article 36.

Advisory committees of the regional council

The regional council may constitute advisory commissions incarceration of subjects

specific whose competences are confined to the level of the region's respective respect and which are

consisting of a variable number and impair of members.

Article 37.

Meetings of the regional council

The regional council meets, at a minimum, once 15 in 15 days, and its deliberations

are taken by a simple majority of votes from all its members, having their

president vote of quality.

Article 38.

Competence of the regional council

1-Compete to the regional council:

a) Designate your representatives on the national advisory boards;

b) Nominate the advisory regional commissions;

c) Disseminate and give execution to the guidelines and decisions emanating from the organs

national;

d) Admit or refuse, substantiated, the applications for enrolment of the doctors and

applications for the granting of leave for the realization of professional internships;

e) Drive and coordinate the activity of the Order at the regional level, according to the

principles set out in this Statute;

f) To draw up and present annually to the regional assembly the activity report

and accounts, the plan of activities and the regional budgets;

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g) Administer the goods and manage the funds of the Order, at the regional level;

h) To collect the shares of members enrolled in the region and the fees and

emoluments for services provided in the regional framework;

i) To draw up the inventory of the goods of the Order, at the regional level;

j) Require the president of the regional assembly to convene assemblies

extraordinary, whenever it sees it as convenient;

k) Submit to the assessment of the regional assembly the subjects on which it must

address-se;

l) Carry out the registration of the tables, general and special, of the doctors in the region, well

how of the service providers and those to whom it is granted leave to

the realization of professional internships;

m) Elaborate the internal regulations necessary for the good organization of the Order to

regional level;

n) Require the convening of the assembly of representatives;

o) Hiring, for a period not exceeding your mandate, consultancy services,

inter alia, legal, economic and communication;

p) Designate the doctors to follow up with judicial representations, inter alia

mandates for search of consultans or facilities of doctors;

q) Delegating skills in subregional councils and medical advice from the

autonomous regions.

2-Within the framework of its competences, the regional council has binding power, without

injury to appreciate and deliberate on matter of national scope.

Article 39.

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Composition of the regional tax council

1-The regional tax council consists of three members, being one of them the president.

2-The regional tax council is elected on lists, by simple majority, of among the doctors

enrolled in the region, and the polling stations may operate at the sub-

regional.

3-In the exercise of its duties, the regional tax council may resort to technical support

of the official accountant technician or the officials of the accounting of the respective region.

4-The chairman of the regional tax council can be summoned and attend the meetings of the

regional council.

Article 40.

Competences of the regional tax council

It competes with the regional tax council:

a) Examine, at least, quarterly, the accounting of the regional council;

b) Give opinion on the report of activities and accounts presented by the board

regional, as well as on the activities plan and the budget;

c) Present to the regional council the suggestions that understand of interest for the life of the

Order.

Article 41.

From the bastonary

1-The bastonary is elected by secret ballot, in direct and universal suffrage, from among all the

doctors enrolled in the Order.

2-Applications are subscribed for by a minimum of 500 physicians, representative of all

the regions and presented to the President of the assembly of representatives, accompanied by

from the curriculum vitae and individual term of acceptance of the application, up to 60 days before the

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day designated for the election.

Article 42.

Elections

1-It is elected bastonary the candidate who obtains more than half of the votes validly

expressed, not considering itself as such the blank votes.

2-If none of the candidates obtains the number of votes, provided for in the preceding paragraph,

the second suffrage proceeds, to which only compete the two candidates more

voted, who have not withdrawn the application, being elected the candidate who obtains the

majority of the votes validly cast.

Article 43.

Electoral process of the bastonary

1-The electoral process of the bastonary is coordinated by the national electoral council, which is

made up of the president of the assembly of representatives in office and by the

presidents of the regional councils, or by their legal substitutes, and by a

representative of each candidate.

2-If any of the chairpersons of the regional councils or the president of the assembly of

representatives are candidates for bastonics, they are the same replaced, on the board

national election, by the respected vice-president.

3-For the election of the bastonary there are so many polling assemblies of polling stations how many sub-

regions.

Article 44.

Competences of the bastonary

Compete with the bastonary:

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a) Convening and chairing the national council, availing of a quality vote;

b) To propose to the assembly of representatives two members to the national council;

c) Exercise the function of national and international representation of the Order;

d) To exercise the remaining functions assigned to it by the national council;

e) Delegate your skills.

Article 45.

Replacement of the bastonary

The bastonary is replaced, in its absences and impediments, by one of the presidents of the

regional councils, designated by the national council.

Article 46.

Permanent impediment of the bastonary

Permanent impediment of bastonary determines new election in the 90 days

subsequent, ceasing the president-elect of his duties at the end of the term of office

of the replaced.

Article 47.

Composition of the assembly of representatives

1-A The assembly of representatives is composed of members elected by lists, according

with the proportional representation system according to the method of Hondt , in the circles

sub-regional electoral constituencies defined in Article 2 para.

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2-Per each constituency are elected two doctors up to 500 doctors in it enrolled, and more

one for every 500 doctors or fraction in excess of 250 doctors.

3-Integrate still the assembly of representatives, the chairs of the councils sub-

regional and the medical councils of the Azores and Madeira.

4-The members of the national council are entitled to participate, without the right to vote, in the

meetings of the assembly of representatives.

5-A assembly of representatives brings together, rotatively in the seats of the three sections

regional, according to the convener of its president.

Article 48.

Table of the assembly of representatives

1-A The table of the assembly of representatives shall consist of a chairman, by a deputy

president and by a secretary.

2-The president of the table is elected by the assembly of representatives from among his

members, by appointing him to appoint the vice president and the secretary.

Article 49.

Competences of the assembly of representatives

It shall compete with the assembly of representatives:

a) Nominate, under proposal of the bastonary, two vowels for the national council;

b) Discuss and approve the regulations that are submitted to you for consideration

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by the national council;

c) Appreciate and approve the reports of accounts and activities, the activity plan and the

national budget of the Order, including rectifying budgets;

d) Approve the amount of quotas and the remaining financial contributions of the

doctors, on a proposal from the national council;

e) Approve the proposals for amendments to this Statute;

f) Decide on proposals for breeding or extinction of specialties, and create

subspecialties or competencies, of the colleges and sections and of

other advisory bodies, under the terms of this Statute;

g) Fire the bastonary;

h) Elaborate and approve your regiment;

i) Exercise the remaining powers provided for in this Statute and in the law.

Article 50.

Meetings

1-A The assembly of representatives meets at least twice a year, to exercise the

competence provided for in ( c ) of the previous article.

2-A assembly of representatives gathers yet, by convening of its president, always

it is required by the bastonary, by the national council, by the national tax council,

the application for any regional council or the requirement for 20% of its

members.

Article 51.

Convocation of the assembly of representatives

1-A assembly of representatives shall be convened for the place, day and time fixed, with the

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minimum 20-day, or 10-day minimum advance in cases of proven urgency, by

simple letter, by public notice published on the official website of the Order, by means

electro and in a national daily newspaper with an indication of the order of work.

2-If at the scheduled time there are no number of members equal to half and one more, the

assembly of representatives gathers 30 later as long as they are present

40% of its members.

Article 52.

Composition of the national council

1-The national council consists of the bastonary, the chairs of the councils

regional, by a designated element of among its members by each of the

regional councils and by two members proposed by the bastonary and appointed by the

assembly of representatives.

2-Each regional council further designates two alternate members who, in the absences and

impediments to your President and the designated element, replace them.

3-The chairman of the national council of the internal physician, or a representative, may

attend and participate, without a right to vote, to the meetings of the national council.

Article 53.

Operation of the national council

1-The national council works in plenary and on standing committee.

2-The plenary of the national council is made up of all its members.

3-A The standing committee of the national council shall be composed of the bastonary, by the

presidents of the regional councils and by one of the elements indicated by the bastonary,

being one of its members the secretary of the standing committee.

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Article 54.

Meetings

1-The plenary of the national council meets, as a rule, from 15 in 15 days and deliberates

validly when it is present the legal majority of its members and are

represented the three regional sections.

2-The deliberations adopted by the standing committee of the national council are

communicated to the plenary of the national council, for them to build on their respective respects.

Article 55.

Convener of the ordinary meetings of the national council plenary

1-The plenary of the national council meets by convening of the bastonary, of which it is listed

order of proceedings, accompanied by the respected documents, effected with the

minimum five day notice.

2-The plenary of the national council brings together still at the request of any regional council,

that may require the inclusion of subjects in the order of work.

Article 56.

Extraordinary meetings of the national council

1-The extraordinary meetings take place upon convocation of the President.

2-The President is obliged to proceed to the convening of the national council whenever,

at least, one third of the lho members request in writing, indicating the subject matter that

intend to see treaty.

3-A convocation of the meeting shall be made for one of the 15 days following the presentation

referred to in the previous number, but always with a minimum 48-hour advance notice

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on the date of the extraordinary meeting.

4-Of the convocation shall appear in an express and specified manner, the subjects to be dealt with

at the meeting.

Article 57.

Deliberations

1-The deliberations of the national council shall be taken by a majority, and may be brought into

feature, by two overdue members, with suspensive effect for the top board.

2-In the event of a tie in the vote, the president has a vote of quality, save if the vote

if you are effected by secret ballot.

3-Havendo draw in a vote by secret ballot, immediately proceeds to new

voting and, if the tie holds, is postponing deliberation for the following meeting, and if,

in the first vote of that meeting, if it holds the tie, the vote should proceed

nominal.

Article 58.

Competences of the national council

1-Compete to the plenary of the national council:

a) Nominate, from among the chairmen of the regional councils, the substitute for

president;

b) Nominate, from among its members, the secretary and the treasurer and assign

pelgolds to the remaining members;

c) Appoint the President and eight members of the national advisory boards,

including the two elements indicated by each regional council;

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d) Hiring, for the duration of your term of office, the official reviewer of accounts

to integrate the national tax council;

e) Hiring, for the duration of your term of office, consultancy services,

inter alia, legal, economic or communication;

f) To draw up and present annually to the assembly of representatives the plans of

activity, the budgets and the reports of activities and accounts;

g) To administer the heritage affection to the national bodies of the Order and to ensure the

goods and national values of it;

h) To draw up the inventory of the goods of the Order;

i) Submit to the assessment of the assembly of representatives all subjects on

which she must statutorily pronounce and apply for her convocation

extraordinary, whenever it sees it as convenient;

j) Draw up the national scope regulations of the Order and submit them to the

approval of the assembly of representatives;

k) Maintain links with medical or other institutions, national and foreign, and

accrediting the delegated respects;

l) Participate in the drafting of the legislation that concerns the access and exercise of the

medical profession;

m) Hiring the employees and service providers of the national bodies of the

Order and set your remuneration;

n) Execute and enforce the deliberations approved in the assembly of

representatives;

o) To propose the amount of quotas and submit their approval to the assembly of

representatives;

p) To ensure the periodic and regular publication of a national magazine of

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information and a national scientific journal of the Order and appoint the members

that integrate the respective technical fact sheets;

q) Ensuring the maintenance of the site on the national Internet, naming the respective

responsible;

r) Coordinating the relations of the Order with the media, through

of the standing committee;

s) Soliciting and or approving opinions, technical standards, standards of clinical guidance, and

other normations of the advisory competence of national councils

advisory and the colleges of the specialty and competences;

t) Comply with and enforce the present Statute and the Regulations of the Order,

as the deliberations of their bodies;

u) Organizing, with the collaboration of the regional councils, the national congress of the

Order;

v) Keep an updated national register of the enrolled doctors and those to whom

be granted leave to carry out professional internships, ensuring the

its communication to the competent administrative authorities, under the law;

w) Appoint the representatives of the Order, where necessary, to integrate,

specifically, commissions, boards, groups of works and juries.

x) Exercise the remaining powers provided for in this Statute and in the law.

2-Compete to the standing committee of the national council the administrative implementation of the

deliberations of the national council, as well as current management, policy and

administrative of the Order.

Article 59.

Composition of the national tax council

1-The national tax council consists of the presidents of the tax councils

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regional and by an official reviewer of accounts, hired by the national council.

2-The chairman of the national tax council is elected from among its medical members.

Article 60.

Competence of the national tax council

It competes with the national tax council:

a) Give advice on the report of accounts and the budget, presented by the

national council;

b) Present to the national council the suggestions you understand of interest to the

Order;

c) Consult any documents that entid revenue and expenses of the Order, well

as the documents that authorize them;

d) Exercising the remaining powers provided for in this Statute and in the law;

e) Approve your regiment.

Article 61.

From the top council

1-The top council is the jurisdictional body of the Order, with supervisory functions and

discipline.

2-The top council is elected by lists in regional constituencies, of which they are listed

two alternates, defined in accordance with the terms of Article 2 (3).

3-Per each constituency are elected five members.

4- In each constituency the clearance of the mandates is effected by the method of

Hondt.

Article 62.

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Composition of the top council

1-The top council is composed of 15 members, to which it is up to appoint the President,

the vice-president and the secretary.

2-In the event of a tie-up, the president has a vote of quality.

3-The top council must possess an independent legal advice from the rest

organs.

Article 63.

Competences of the top council

1-Compete to the top council:

a) Ensure the legality of the activity carried out by the organs of the Order and exercise

powers of control;

b) Deciding the interposed resources of the decisions rendered by any organ of the

Order;

c) Deciding, in disciplinary matters, the interposable resources of the decisions rendered

by the regional disciplinary boards;

d) Deciding the disciplinary processes in which the bastonary and the

members of the top council or the national council;

e) Standardizing the acting of regional disciplinary boards;

f) Deliberating on requests for escusa, of manifest conflict of interest in the

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assignment of posts, resignation and temporary suspension of the office, well

how to judge the resources of the decisions of the organs of the Order that determine the

loss of office of any of its members or declare the verification of

impediment;

g) To deliberate on impediments and loss of the mandate of the office of its members

and suspend them preventively, in the event of a disciplinary lack, in the course of the

respect process;

h) Convene the assemblies of the sub-regions, regions, and general assemblies,

when the time limit for the convocation is exceeded;

i) Decide on disability, partial or total, temporary or final, for the

exercise of the medical profession under the terms of this Statute;

j) To verify the legal and statutory compliance of the holding of referendums;

k) To appreciate and decide the doubtful cases and to appreciate the missing cases of the present

Statute and the Regulations of the Order.

2-When the upper council deliberates under the terms of the d ) of the previous number, are

applicable, with the necessary adaptations, the rules that regulate the processes that

run on the regional disciplinary boards, provided for in the annex to the present

Status that he is an integral part of.

3-The resources to be interacted for the top council are restricted to the issues of legality

of the contested decisions.

4-The resources for the top board are mandatory and have suspensive effect, owing

be decided within 45 days, under penalty of being deemed undue.

Article 64.

Judicial challenge

1-Of the deliberations handed down by the higher board rests with the court

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competent administrative.

2-Have legitimacy to impugt the legality of the acts and regulations of the Order:

a) Those interested, in the terms of the laws of the administrative procedure;

b) The Public Ministry.

Article 65.

From the regional disciplinary council

1-A Regional level, the disciplinary competence of the Order is exercised by the council

regional disciplinary, elected by the respected regional electoral assembly.

2-Regional disciplinary boards are elected by lists in regional constituencies,

defined in accordance with Article 2 (3), being elected the most voted list.

Article 66.

Composition of the regional disciplinary council

1-The regional disciplinary board consists of one member per 1500 physicians

enrolled in the region's respective respects, with the case being that, in the case that the number of members is par, it is

elected one more member, in a minimum number of seven members.

2-In the lists that present themselves the suffrage must appear, as alternates, three names of

doctors, for the replacement of some of the effective members, in the event of death,

disability or renunciation.

3-At the beginning of each term, the regional disciplinary council appoints the president and a

vice president, to replace the first in the case of absence or hindrance.

4-The regional disciplinary board may rely on own legal advice services.

Article 67.

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Competences of the regional disciplinary council

1-Are the tasks of the regional disciplinary council to judge the infractions to the deontology and to the

exercise of the medical profession, provided for in this Statute.

2-The infractions committed by any member of one of the disciplinary boards

regional are instructed and adjudicated by one of the other regional disciplinary boards,

upon serteio.

3-Compete for regional disciplinary boards to exercise disciplinary competence

relatively to all those who legally exercise medicine and who have practiced

facts that constitute deontological infractions in the area of the region's respect.

Article 68.

Power and disciplinary process

1-A The Order exercises, with respect to, inter alia, the rights of hearing and defence, the

be able to discipline over those who legally exercise the profession of medical practitioner in

Portugal.

2-The standards relating to the general principles of disciplinary jurisdiction and acting of the

organs, the definition of disciplinary infraction, the typification and characterization of the respects

sanctions, as well as all the remaining standards referring to disciplinary action and tramway

of the disciplinary procedure shall be those provided for in the Annex to this Statute and that of it

are an integral part.

Article 69.

Colleges of specialty

1-The colleges of the specialty and competence are technical bodies-Consultative of the Order

and integrate the qualified doctors into the different specialties.

2-Through the colleges, the Order:

a) Participates in the scientific-professional activity of Portuguese medical societies

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existing or who come to create-se;

b) Formulates technical standards, clinical and other guidance for exercise

professional.

3-There are so many colleges, how many specialties and competencies.

4-Within the scope of the colleges of specialties can be created sections of

subspecialties.

Article 70.

General Assembly of the college

1-A The general meeting of the college consists of all doctors enrolled in the respect

college, in the full enjoyment of its statutory rights, and gathers, at least, once

during the first year of the term.

2-A The general assembly is convened by the direction of the college, by the national council, by the

president of the Order or by 10% of its members.

3-The general assembly competes:

a) Deliberating and recommending on matters concerning the exercise of the specialty and

of the competence, or on the functioning of the respecting college, to propose to the

national council;

b) To comment on all matters that matter to its members,

particularly with regard to the professional exercise;

c) Approve vote of no-confidence vote and propose to the national council the resignation of the

direction of the college, after summoned specifically for that purpose and if

are present the absolute majority of the members enrolled in the college.

4-The assemblies are chaired by the chair of the direction and secretariats by two

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members of the direction assigned to the effect by the one.

5-A General Assembly shall be convened by notice published on the website of the Order and on the

national magazine of the Order, in advance minimum of 30 days, when it deals with

general election assemblies.

6-In cases of manifest urgency, the general assembly may be convened by letter.

Article 71.

Composition of the directions of the colleges of specialties and competences

1-Each college is driven by a minimum of three and a maximum of 15 members who, from

of each other, choose the president.

2-The directions of the colleges are elected among the pairs in them inscribed, from between lists and from

deal with the system of the simple majority.

3-A the direction of the college takes office before the national council and may be by this

Destitute whenever incurring serious and repeated non-compliance with its

skills, and there is, in this case, place for new elections.

4-The presidents of the colleges are technical advisors to the national council of education and

medical education and the national council for continuing vocational training.

Article 72.

Competencies of the directions of the colleges of specialties and competences

It competes in the directions of the colleges of specialties:

a) To promote the narrowing of scientific and professional relations;

b) To ensure the technical valorisation of doctors and the observance concerning the

qualification of the same;

c) Nominate members for the juries of the specialty exams, on the terms

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provided for in this Statute;

d) Participate in the national council of medical education and education and on the board

national continuing vocational training;

e) Issuing opinions on matters of national or regional scope presented by the

national council and the regional councils respectively;

f) Issuing opinions on issues of scope of the disciplinary competence of these

presented by the regional disciplinary boards and the higher board;

g) Issue technical opinions on issues presented by doctors to the board

national and regional councils or by judicial bodies or

administrative;

h) To promote the articulation between the Order and the medical scientific societies;

i) To draw up its internal regulations and propose them to the national council;

j) Nominate experts, from among their peers;

k) To propose the training programme of the specialty respect;

l) To propose the definition and revision of the criteria for the determination of suitability and

formative capacity of health establishments and services.

Article 73.

Medical internship programs

In the terms of the provisions of the medical boarding school, it is incumbent upon the Order to propose to the

member of the Government responsible for the area of health the training programmes of the

medical internship, as well as its review, every five years.

Article 74.

Idoneity of formative services and capacities

In the terms of the provisions of the medical boarding school, it is incumbent upon the Order to propose to the

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member of the Government responsible for the area of health the definition and review of the criteria of

idoneity and formative capacity, as well as the identification of the idonic services and

respects formative capacity.

Article 75.

Specialties, subspecialties and competences

1-It is the sole and exclusive competence of the Order the recognition of the individualization of the

specialties, subspecialties and medical and surgical skills, of the

corresponding medical professional qualification, from the assignment of the respective title of

specialist and authorisation for the corresponding exercise, in the terms of the present

Statute.

2-Only doctors enrolled in the framework of specialists, sub-specialists and competences of the

Order can use the title respect and be part of the corresponding college.

Article 76.

Competence

1-A Order can, still, recognize a technical-professional differentiation, designated

as competence, based on technical-professional qualifications that can be

common to various specialties, through appropriate curricular appreciation,

carried out by commissions designated for the purpose in the terms set out in regulation.

2-Doctors holders of the competence provided for in the preceding paragraph integrate the

colleges.

Article 77.

Composition of national advisory boards

1-The exception of the national council of the internal physician, each national advisory council is

made up of a president and eight vowels, designated by the national council of between

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physicians with recognized competence in the respected sector.

2-The national council may, by proposal of the respected national advisory council,

assign technical advisors.

3-The national council of the internal physician is elected, by the internal physicians, from among these,

by lists and second the system of the simple majority, applying the electoral rules

foreseen for the colleges of specialties.

Article 78.

Meetings

1-Each board meets whenever the respecting president considers it necessary or

when lho is required by the national council.

2-In cases of manifest impossibility of comparability and as long as the subject matter of

meeting to allow, the members of the boards may issue opinion in writing,

sending him in due advance to the president.

Article 79.

National council of medical ethics and deontology

It is incumbent upon the national council of medical ethics and deontology to ensure the observance of the

deontological standards, as far as duties are concerned for patients, the community and

the doctors among themselves, issuing opinion, whenever it is requested.

Article 80.

National council for medical education and education

It is incumbent on the national council for medical education and education:

a) To collaborate with the national council in the elaboration of the scientific plan of the Order;

b) Draw up reports and deliver opinions on pre-graduate education, to be submitted

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by the Order to the official entities;

c) Planning update and outreach courses, with the collaboration of the

Universities, medical education schools and other institutions;

d) Maintain a national and national medical documentation and information centre and

scientific bibliographic dissemination;

e) Issue opinion on scholarships and scientific awards to be awarded by the

Order;

f) Collaborate in education for the health of populations;

g) Cooperate, through the national council, in the framework of the applicable legal regime,

with the bodies responsible for the orientation, programmes or schemes of

pre-graduated medical education and paramedic.

Article 81.

National council for continuing vocational training

It is incumbent on the national council for continuing vocational training, through the council

national:

a) Manage the recertification processes of the enrolled doctors and to propose the respect

regulation;

b) Issue opinion on the subjects related to vocational training

continuous.

Article 82.

National council for national health service and medical careers

It is incumbent on the national council for the national health and medical careers service:

a) Issue opinion on matters relating to the organization of the Service

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National of Health;

b) Issue opinion on subjects related to the professional qualification in the

scope of medical careers.

Article 83.

National Council for the exercise of private and conventionated medicine

It is incumbent on the national council for the exercise of private and convent medicine:

a) Issue opinion on the conflicts in relations between doctors and these with others

professionals or with official or private institutions, in the exercise of medicine

private and conventionated;

b) Issue opinion on the legitimate interests of doctors as to taxation and

as for honorary laureates.

c) In articulation with the colleges and scientific societies, promote the review and

regular update of the table of the naming codes and relative complexity

of the medical acts and propose their approval to the national council.

Article 84.

National council of social solidarity of doctors

It is incumbent on the national council of the social solidarity of doctors:

a) To propose to the national council a social solidarity plan of the doctors in the

illness, disability and retirement, extensive to relatives of them dependent, without

prejudice to its insertion into a national social security system;

b) To integrate the bodies responsible for the guidance, programmes or schemes of

social security, when this is legally determined;

c) Participate in the management of the Solidarity Fund of the Order and propose, in a manner

regular, the revision and update of the same Fund;

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d) Contribute, in partnership with regional councils, to the development of

regional social support plans for doctors in the third age, namely

with the creation of the " social houses of doctors.

Article 85.

National Council for the prevention of medical error and serious adverse events

It is incumbent on the national council for the prevention of medical errors and adverse events

serious to draw up studies and to propose to the national council the adoption of measures that target

decrease or eliminate medical errors or serious adverse events, as well as elaborate and

proceed to a national register of medical errors and serious adverse events.

Article 86.

National council for the award of scientific sponsorship

It is incumbent on the national council for the award of scientific sponsorship:

a) Issue opinions on the scientific sponsorship of the Order to scientific events and

training actions, particularly congresses, lectures and training courses;

b) Issue opinion on the subjects related to medical training.

Article 87.

National Postgraduate Council

It is incumbent on the national postgraduate council:

a) Issuing opinions in the framework of medical internships, particularly as to the

requests for equivalents requested by the interns, in the terms of the respect

legislation;

b) Issue opinion on the subjects related to medical autonomy and the

specific training.

Article 88.

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National council of medicine policy

It is incumbent upon the national council of the medicine policy to deliver opinion on the

matters related to the policy of the medicine.

Article 89.

National Council of continued care

It is incumbent on the national council of continued care to deliver opinion on the subjects

related to the continued care.

Article 90.

National council for computer technologies in health

It is incumbent on the national council for computer technologies in health to deliver opinion

on the subjects related to computer technologies in health.

Article 91.

National council for audit and quality

It is incumbent on the national council for audit and quality:

a) Issue opinion on the matters related to audit and quality in the

health;

b) Participate, with the colleges of the specialty, in the drafting of standards of

clinical guidance;

c) Participate in the quality audits carried out on the national territory;

d) Participate in the definition of quality indicators in health;

e) Promote training in the area of audit in health.

Article 92.

National council for ecology and health promotion

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It is incumbent on the national council for ecology and health promotion:

a) Issuing opinions on ecology and health promotion and promoting the achievement of

studies and initiatives in the area of their competence;

b) Promote contacts with social solidarity institutions and with the

patient associations, with a view to promoting health and living practices

healthy.

Article 93.

National council of the internal doctor

It is incumbent on the national council of the internal doctor

a) To promote the narrowing of scientific and professional relationships of doctors

in training;

b) To appreciate, discuss and give advice on the subjects that concern the

medical internships at the request of the national council;

c) Pronouns on the topics proposed by the national council, by the councils

regional or medical practitioners at individual or collective title, issuing opinion or

participating in meetings and working groups;

d) To draw up studies and own proposals or in collaboration with other organs of the

Order, specifically in matters relating to the medical boarding school;

e) To promote the participation of internal doctors in solving their problems;

f) Represent the Order, by delegation of the national council, to the entities

national and international officers and physician-related bodies

internal;

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g) To propose the designation of technical advisors, in the terms of law and the present

Statute;

h) Cooperate, within the applicable legal framework, with bodies

responsible for the guidance, programs, and post-medical guidance schemes

graduated.

i) To ensure the valorisation of the medical internship;

j) To propose, in a reasoned manner, to the national council for the review of the idoneities

and formative capabilities and specialty internship programs, in the terms

provided for in this Statute.

Article 94.

Fund of solidarity

1-The solidarity fund of the Order has as an essential purpose the granting of

social benefits to the medical class, and is managed by the national council, through a

executive committee appointed by this.

2-The social benefits referred to in the preceding paragraph, whose conditions of assignment are

certain by regulation, they cover, inter alia:

a) Support in kind and cash to doctors in situation of economic deficiency;

b) Support for older doctors;

c) Support for orphans children of doctors.

Article 95.

Constitution of the solidarity fund

The solidarity fund integrates:

a) The rights, obligations and heritage of the extinct Welfare Fund of the

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Portuguese Doctors;

b) The regular financial contributions that, to that title, the national council

destine annually to the solidarity fund and which, under no circumstances, can be

less than 2% of the quotas effectively charged;

c) The donations, legacies and donations that are effectuated to the Order, with the mention

express integration in the solidarity fund.

Article 96.

Incompatibility with the exercise of the medical profession

It is incompatible with the exercise of the medical profession:

a) The exercise of the profession of a pharmacist;

b) Be an owner, partner, or company manager of a funeral agency owner.

Article 97.

Professional qualification titles

1-A Order assigns the following professional titles, which recognize the differentiation

technical-professional of its holders:

a) Medical;

b) Specialist doctor.

2-A Order further assigns specialist doctor's qualifications with subspecialty and

doctor with the competence.

3-The doctor is the professional entitled to exercise autonomously the medical activity.

4-The specialist physician is the professional habilitated with a differentiation to which

corresponds to a set of specific sabers, obtained after the frequency, with

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harnessing, from a specialist training in an area of medical knowledge and

enrolled in the respective college of the specialty.

5-A competence is the title recognizing technical-professional qualifications common to

various specialties and which can be obtained by any doctor or specialist, through

of the appropriate curriculum appreciation, carried out by a commission appointed to the effect

by the national council.

6-The title of specialist doctor is awarded in the following areas:

a) Pathological anatomy;

b) Anesthesiology;

c) Angiology and Vascular Surgery;

d) Cardiology;

e) Pediatric Cardiology;

f) Cardiac Surgery;

g) Cardiothoracic Surgery;

h) General Surgery;

i) Maxilo-Facial; Surgery;

j) Pediatric Surgery;

k) Plastic, Reconstructive and Aesthetic Surgery;

l) Toracic surgery;

m) Dermatovenereology;

n) Infectious Diseases;

o) Endocrinology and Nutrition;

p) Stomatology;

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q) Gastrenterology;

r) Medical Genetics;

s) Gynecology / Obstetron;

t) Specialty of Immunoallergenology;

u) Immunohemotherapy;

v) Specialty of Clinical Pharmacology;

w) Clinical Hematology;

x) Sports Medicine;

y) Occupational medicine;

z) Physical and Rehabilitation Medicine;

aa) General and Family Medicine;

bb) Internal Medicine;

cc) Legal Medicine;

dd) Nuclear medicine;

ee) Tropical Medicine;

ff) Nephrology;

gg) Neurosurgery;

hh) Neurology;

ii) Neurorradiology;

jj) Ophthalmology;

kk) Medical Oncology;

ll) Orthopedic;

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mm) Otorrinolaryngology;

nn) Clinical Pathology;

oo) Pediatrics;

pp) Pneumology;

qq) Psychiatry;

rr) Psychiatry of Infant and Adolescence;

ss) Radiology;

tt) Radioncology;

uu) Rheumatology;

vv) Public Health;

ww) Urology.

Article 98.

Inscription

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

depend on enrollment in the Order.

2-Can sign up in the Order:

a) The holders of the degree in Medicine awarded in the sequence of a cycle

of graduate studies carried out in the framework of the previous studies organization

to the scheme for the organisation of studies introduced by Decree-Law No. 74/2006,

of March 24, as amended by the Decrees-Laws No 107/2008 of June 25,

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230/2009, of September 14, and 115/2013, of August 7;

b) The holders of the master's degree in Medicine conferred following a cycle of

integrated master's studies carried out in the framework of the study organisation

introduced by Decree-Law No. 74/2006, of March 24 amended by the

Decrees-Laws No 107/2008, of June 25, 230/2009, of September 14, and

115/2013, of August 7;

c) The holders of foreign higher academic degrees in Medicine to whom it has

been conferred equivalence to one of the degrees to which the previous points are referred to;

d) The national professionals of Member States of the European Union or of Space

European Economic whose qualifications have been obtained outside Portugal,

pursuant to Art. 114 para.

3-A enrolment of nationals of third States whose qualifications have been obtained

out of Portugal, and to which the provisions of the paragraph apply c) of the previous number,

depends equally on the guarantee of reciprocity of treatment, in the terms of

international convention, including convention concluded between the Order and the authority

congeniere of the country of origin of the person concerned.

4-Can also sign up in the Order:

a) The professional societies of doctors, including the subsidiaries of organisations

associatives of doctors constituted under the right of another state, in the

terms of Article 116;

b) The permanent representations on national territory of associative organizations

of doctors constituted under the right of another state, if they wish to be

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members of the Order, pursuant to Rule 117.

5-To exercise in the occasional and sporadic manner on national territory of medical activity,

in regime of free provision of services, by national professionals of states-

Members of the European Union and of the European Economic Area, whose qualifications

have been obtained outside of Portugal applies the provisions of Article 115.

6-A admission of the candidates referred to in points c) and d ) of paragraph 2 and in paragraph 3 is still

conditioned on the proving of the linguistic competence required for the exercise of the

medical activity in Portugal under the terms of Law No. 9/2009 of March 4, amended

by the Laws n. ºs 41/2012, of August 28, and 25/2014, of May 2.

Article 99.

Refusal to sign up

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

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

judged and on the non-approval in the medical proof of communication.

2-After analysis of the application for enrolment, should the competent regional council delibere in the

a sense of refusing the application for enrolment, must notify the applicant, by communicating it

that intention and granting you a time limit, not less than 10 working days, to be

pronounce.

3-After the hearing of the person concerned and if the competent regional council holds the

intention to refuse the inscription, the deliberation, duly substantiated must be

notified to the person concerned.

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4-From the deliberation of the regional council that recuse the inscription lies appeal to the

upper board and for the Administrative Courts, in the general terms.

Article 100.

Period of exercise without autonomy

1-Without prejudice to the provisions of the provisions of c ) and d) of Article 98 (2), once, accept the

enrollment, to all those enrolled who do not find themselves in the situations provided for in the article

following, the scheme of the period of professional exercise without autonomy applies.

2-During the period of exercise without autonomy, the doctor may only exercise the

clinical activity when accompanied by your advisor or, in the absence of this, by

practitioner enabled the autonomous exercise of the profession.

Article 101.

Enrollment for the autonomous exercise of medical activity

1-A The inscription for the autonomous exercise of medicine depends on the realization of internship

professional and approval in examination that aims at the assessment of the level of knowledge

practical and theoreticians.

2-Are exempted from the realization of the internship and the examination, provided for in the previous number the

candidates who, in the framework of the provisions of the medical boarding school scheme, meet

enabled in the autonomous exercise of medicine.

3-Can be waived from the internship and or from the holding of the examination, those to whom it is

recognized relevant professional experience demonstrative of the level of knowledge

theoretical and practical that empowers you to autonomic exercise of medical activity.

4-For the purposes of the waivers provided for in the preceding paragraph, applicants must submit

a summarized curriculum from which it is constraining:

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a) Detailed information on the lectured subjects during training

pre-graduation academic;

b) Information on the post-graduate training stages carried out, with the

identification of the places where they have taken place and, if there is, the respect for evaluation;

c) Activity developed in the course of the internships, with information from the respects

directors of service;

d) Substantiation of the professional activity exercised;

e) Other data that the candidate considers relevant.

5-A dispensation of the achievement of the internship is granted by the competent regional council,

after consideration of the curriculum by the jury referred to in Article 110.

Article 102.

Documents and formalities

1-The application for enrolment is submitted to the regional council of the area of residence

or from the area where the doctor will set up to exercise the profession and must be

accompanied by the following documents:

a) Photocopy of the civil identification document;

b) Proof of the required academic habilitation, in original or public-

form, or, in the absence of this, document proving that it has already been required and is

in conditions of being expeded;

c) Certificate of the criminal record, issued less than three months ago;

d) Photocopy of the tax identification document, whenever the same no

conss from the document identified in the letter a );

e) Newsletter filled in the regulatory terms, signed by the person concerned and

accompanied by three photographs.

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2-For enrolment, as a physician qualified for the autonomous exercise of the profession, it is

dispensed with the submission of supporting document of academic habilitation

necessary, when the same already consistes of the files of the Order.

3-In the application, the person concerned shall state, for use in the exercise of the profession, name

abbreviated, which is not admitted if it is susceptible to provoking confusion with another

previously required or enrolled, except if the possessor of this with this has

agreed and the Order accepted.

Article 103.

Professional stage goals

The realization of the professional stage is aimed at the application in real context of

work, the theoretical knowledge arising from the academic training, the

development of the capacity to solve concrete problems and the acquisition of the

skills and methods of work indispensable to a competent exercise and

responsible of medicine, specifically in its technical, scientific strands,

deontological and interpersonal relationship.

Article 104.

Characterization of the professional stage

1-Without prejudice to the legal rules applicable to the medical boarding school, the professional internship has

place in health establishments and services, recognized as idogens for the purpose of

and that they celebrate with the Order a professional internship protocol.

2-It is mandatory for the appointment of an internship advisor to drive and supervise the

respects professional internship.

Article 105.

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Organization of professional internships

The organisation of the professional internships as well as the maintenance of the national register of the

internship health establishments and services and the guiding respects, is from the

responsibility of the Order.

Article 106.

Duration of the professional internship

1-The professional internship period has the duration of 12 months, in which they include 22

working days of vacation.

2-The trainee must, during the internship period, dedicate to the exercise of activities

specific to medicine your professional activity throughout the whole week of work and

is barred from accumulating other functions, unless faculty functions.

3-It is considered specific activity of medicine, specifically, the activity of physician

trainee with the establishment or health service recetor of the internship, the work

developed with the internship advisor, the frequency of training courses, the

assistance of seminars and conferences organized or certified by the Order and the

study of subjects related to activities developed in the framework of the internship

professional.

4-The beginning of the internship period coincides with the start of functions in an establishment

or health service.

Article 107.

Regime of internship

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1-The trainees are placed in the training places upon the celebration of a

internship contract.

2-To the trainee is granted, monthly, an internship grant, awarded by the

establishment or health service where it carries out the professional stage.

3-The trainee doctors apply, with the necessary adaptations, the holiday scheme,

missing and licences, with or without loss of pay, in effect for medical career.

4-The regime and the time of activity of the trainees are established and programmed in

identical terms to that of medical career integrated physicians.

5-A provision in urgent or similar service, which exceeds 12 weekly hours, not

should impair the goals set for the professional stage.

6-During the internship, the trainee must benefit from personal accident insurance and

professional insurance, to be hired by the person or by the receiving entity.

7-All the professional stage lacks an internship location.

8-A Order should promote the creation of internship venues by celebrating protocols of

professional internship with establishments and health services recognized by the Order

as idogens and with capacity for the effect.

Article 108.

Suspension of the professional internship period

1-The trainee may, by virtue of justifiable reasons, duly justified, require

to the Order the suspension of its probationary period, owing as soon to indicate the duration

predictable from suspension.

2-A suspension, in any case, may not exceed the maximum duration of 12 months,

followed or interpolated.

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3-In the event of pregnancy, maternity and paternity, the 12-month period referred to in the

previous paragraph may be extended, should the trainee the trainee and demonstrate the

Respecting need.

Article 109.

Extension of the professional internship period

1-The period of professional internship may be extended, upon application

substantiated, directed by the trainee to the Order and accompanied by assent

of the internship advisor.

2-A prolongation can only be granted once and for a period not exceeding six months.

Article 110.

Final examination and completion of the internship

1-When the trainee completes the period of duration of the professional internship, he / she shall carry out,

before a national jury, an examination that may consist of the achievement of a proof

writing and an oral exam, where the theoretical and practical knowledge of the

medical trainee.

2-The jury assigns to the candidate, grounded, and in function of the evidence, the classification

end of "Approved" or "Not approved".

3-The jury referred to in the preceding paragraphs has a national scope and is appointed by the board

national, listened to the national postgraduate council.

4-A date of completion of the professional internship corresponds to the date on which it is assigned to the

trainee, by majority vote of the members of the jury and approved by the board

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national, the classification of "Approved".

Article 111.

Expiry of the inscription

1-A The trainee's enrollment in the Order lapses in case the trainee get on the final exam

the classification of "Not approved".

2-A The expiry of the inscription on the Order as a trainee shall not preclude the new inscription and the

new professional internship achievement.

Article 112.

Autonomous exercise and enrollment as a doctor

1-Upon completion of the professional internship and approval in the examination, the Order acknowledges to the

candidate authorisation for the autonomous exercise of medicine, without any kind of

tutelage.

2-The candidate must apply, together with the Order, to be registered as a doctor.

Article 113.

Professional ballot

1-A each physician is delivered the professional ballot, which serves as proof of the

inscription on the Order.

2-Compete to the national council define the characteristics of professional ballots,

including the term of validity and the model to which they must comply, as well as

other elements that it considers appropriate for the identification of doctors.

3-The doctor in the exercise of his / her duties must compulsorily make proof of his / her

enrollment, through valid professional ballot, to be displayed or joint by photocopying,

depending on the cases, or through another appropriate identification element, for so much

approved by the national council.

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4-The suspended doctor or with the cancelled enrollment must return to the regional council in

that is inscribed the professional ballot.

5-By the dispatch of each professional ballot, it is charged by the regional councils to

amount fixed by the national council, which constitutes revenue of the Order.

Article 114.

Right of establishment

1-The recognition of professional qualifications of national Member State of the

European Union or the European Economic Area obtained outside Portugal for your

enrollment as a member of the Order is governed by Law No. 9/2009 of March 4,

amended by Laws No 41/2012 of August 28, and 25/2014, of May 2, without prejudice

of special conditions of reciprocity should the qualifications in question have been

obtained outside the European Union or the European Economic Area.

2-The professional who intends to register in the Order under the preceding paragraph and

who pay services, in a subordinate or autonomous manner or in the quality of a partner or

which act as a manager or administrator in the Member State of origin, in the framework of

associative organization of professionals, noted the provisions of Article 37 (4) of the

Law No. 2/2013 of January 10, shall identify the organization concerned in the application

presented in accordance with Article 47 of Law No. 9/2009 of March 4, amended by the

Laws No 41/2012, of August 28, and 25/2014, of May 2.

3-In case the fact to be communicated in the terms of the preceding paragraph occurs after the submission of the

application for recognition of qualifications, must the associative organization in question be

identified before the Order within a maximum of 60 days.

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Article 115.

Free provision of services

1-The legally established professionals in another Member State of the European Union

or the European Economic Area and which there will develop activities comparable to the

professional activity of physician regulated by this Statute, may exercise them, of

occasional and sporadic form, in national territory, in regime of free provision of

services, pursuant to Law No. 9/2009 of March 4, amended by Laws No 41/2012,

of August 28, and 25/2014, of May 2.

2-The professionals referred to in the preceding paragraph may make use of the professional title of

doctor and are equated with physician, for all legal effects, except when the

contrary to the provisions in question.

3-The professional who pays services, in a subordinate or autonomous manner or in quality

of a partner or who atue as a manager or administrator in the Member State of origin, in the

scope of associative organization of professionals and intend to exercise their activity

professional in national territory in that capacity, in regime of free provision of

services, must identify before the Order the associative organization, on account of which

provides services, in the declaration referred to in Article 5 of Law No 9/2009 of March 4,

amended by Laws No 41/2012 of August 28, and 25/2014, of May 2.

Article 116.

Societies of professionals

1-Doctors established in national territory may exercise in group the profession

as long as they constitute or join as partners in professional societies of

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doctors.

2-Can still be partners of professional medical societies:

a) Professional societies of doctors previously constituted and inscribed as

members of the Order;

b) Associative organizations of professionals who are equipped with constituted doctors

in another Member State of the European Union or of the European Economic Area,

whose capital and voting rights fall majority-to the professionals concerned.

3-The equiparation judgment referred to in point (a) b ) of the previous number is governed:

a) As for nationals of a Member State of the European Union or of Space

European Economic Commission, by Article 1 (4) of Law No 9/2009 of March 4,

amended by Laws No 41/2012 of August 28, and 25/2014, of May 2;

b) As for nationals of third countries whose qualifications have been obtained

out of Portugal, by the internationally beholdant reciprocity regime.

4-Doctors ' societies enjoy the rights and are subject to the duties applicable to the

professionals members of the Order who are compatible with their nature, being

notably subject to the principles and deontological rules contained in the present

Statute.

5-The members of the executive bodies of medical professional societies,

regardless of their quality of members of the Order, they must respect the

principles and deontological rules, technical and scientific autonomy and guarantees

conferred on doctors by the law and the present Statute.

6-Professional medical societies are not recognised electoral capacity.

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7-Doctors ' societies may still exercise any other activities, which do not

are incompatible with the activity of medicine, nor in relation to which to check

impediment in the terms of this Statute, not being such activities subject to the

control of the Order.

8-A The constitution and operation of companies of professionals appears in diploma

own.

Article 117.

Associative organisations of professionals from other Member States

1-The associative organizations of professionals who are equipped with doctors constituted in another

Member State of the European Union or of the European Economic Area for the

exercise of professional activity, whose manager or administrator is a professional

whose capital with a right to vote falls majority-to the professionals concerned and or

to other associative organizations whose capital and voting rights fall majority-owned

to those professionals, can inscribe the permanent representations on permanent

Portugal, constituted under the terms of the commercial law, as members of the Order, being,

as such, equated with societies of doctors for the purposes of this Law.

2-The capital requirements referred to in the preceding paragraph shall not apply in case of

associative organization does not have social capital, applying, in its place, the

requirement for allocation of the majority of voting rights to the professionals mentioned there.

3-The equiparation judgment referred to in paragraph 1 is governed by:

a) As for nationals of a member state of the European Union or Space

European Economic Commission, by Article 1 (4) of Law No 9/2009 of March 4,

amended by Laws No 41/2012 of August 28, and 25/2014, of May 2;

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b) As for nationals of third countries whose qualifications have been obtained

out of Portugal, by the internationally beholdant reciprocity regime.

4-The legal regime of enrolment of associative organizations of professionals of others

Member States shall appear in the diploma which regulates the constitution and operation of the

societies of professionals.

5-The associative organizations of professionals from other Member States are not

recognized electoral capacity.

Article 118.

Other providers

The collective persons who provide medical services and do not constitute themselves in the form of

companies of professionals and do not wish to enrol in the terms of the previous article, no

lack enrollment in the Order, being mandatory to enroll in the Order of professionals

that in those they exercise their respective activity, under the terms of this Statute.

Article 119.

Suspension of enrollment

1-A enrollment in the Order is suspended on the application of the person concerned, directed to the council

regional, when it intends to temporarily halt the exercise of the profession.

2-The requirement referred to in the preceding paragraph shall be reasoned and

accompanied by the professional ballot, as well as the demonstrative of the

regularisation of payment of the quota respects to the date of the intended suspension.

3-A The inscription is, still, suspended to the doctors to whom the sanction of

suspension or those to whom the preventive suspension has been applied, as well as

in the remaining cases provided for in this Statute.

4-A suspension of enrollment makes it impossible for the exercise of the profession by the doctor and dishonour-

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o of the payment of quotas during the period of its duration.

5-The period of suspension referred to in paragraph 1 shall not be less than six months, unless

special justification submitted by the applicant and approved by the regional council.

6-A The suspension of the inscription only produces effects after the notification of the respect

deliberation to the doctor, ressalvated the cases in which the regional council decides to assign-

the retroactive effectiveness.

Article 120.

Lifting of suspension

The suspension of the inscription is lifted:

a) The application of the person concerned, in the cases provided for in paragraph 1 of the preceding Article;

b) When it ceases the period of suspension referred to in paragraph 3 of the preceding Article.

Article 121.

Cancellation of the inscription

The inscription is cancelled:

a) To doctors who are punished disciplinarily with sanction of expulsion;

b) To those who request it, as long as they deliver the professional ballot and do not have

shares in debt or settle them;

c) In the other cases expressly provided for in this Statute and in the

regulations.

Article 122.

Averages to enrollment

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1-Are averaged to the registration of enrolment:

a) The conversion of provisional inscription into final;

b) Your cancellation, with an indication of the fact that motivate you;

c) The suspension of enrollment;

d) Any disciplinary penalty, after the transit on trial of the respect of the decision;

e) The lifting of suspension, with indication of the fact that motivate it;

f) The posts that the person concerned shall exercise or have exercised in the Order;

g) The changes of domicile and any other relevant facts.

2-Enrollment certificates do not contain the averbings of disciplinary sanctions, save

when required in full by the person concerned or when it deals with sanctions of

suspension or expulsion during its execution.

Article 123.

Registration in the colleges

1-A enrollment in the colleges of specialty and respect sections is required to the council

regional of the area in which the doctor is found to be enrolled.

2-A The instruction of the application for enrolment is the object of internal regulation of the Order.

Article 124.

Requirements for enrollment in the specialty colleges

They are enrolled in the specialty colleges the doctors who:

a) Proven to have been approved in the final examination of the medical boarding school, on the terms

of the applicable law;

b) They are approved in examination of the specialty held before the jury designated by the

Order;

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c) Get automatic recognition of the professional qualification professional qualification,

in the terms of national and European legislation on professional qualifications;

d) Get the recognition, in accordance with the general system, of the respect

professional qualification, under national and European legislation concerning

professional qualifications;

e) Get the equivalence, by curriculum appreciation, of the title respect.

Article 125.

Procedure for enrolment in the specialty colleges

1-The applications for enrolment in the specialty colleges, which have on the grounds of

conclusion, with harnessing, of the medical boarding school or an expert title that

benefit from the automatic recognition scheme, under the national legislation and

community, are appreciated by the regional council.

2-The remaining applications for enrollment in the colleges are appreciated by a national jury,

designated by the national council, on a proposal of the High School's respect.

3-In your appreciation, the jury shall compulsorily compare the training and the experience

demonstrated by the applicant and the one that is required by national legislation for the

assignment of the title of the specialist concerned.

4-The opinion of the jury is reasoned and may conclude that:

a) The conditions for the assignment of the expert title are met, because no

whether there are substantial differences between training and experience

demonstrated and those that are required of Portuguese physicians;

b) The applicant must carry out additional training internship in idophytic service,

for having proven training of a lower duration in at least one year, à

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required in Portugal, or because the proven training of the applicant covered

material substantially different from those covered by the title of

specialist in Portugal;

c) The applicant must conduct examination of the specialty before jury designated by the

Order, for having proven training of a duration minor to that required in Portugal,

but less than one year.

5-Issued the opinion as referred to in the preceding paragraph, the case is present to the board

national for type-approval, without prejudice to the application of the Code of Procedure

Administrative whenever it proves necessary.

6-From the deliberation of the national council that recuse the inscription lies appeal to the

upper board and for the Administrative Courts, in the general terms.

Article 126.

Specialty examination

1-The final specialty examinations are mandatorily listed in a curricular exam and

of theoretical evidence-practical.

2-A curriculum proof consists of the verification, evaluation and discussion of the curriculum of the

candidate.

3-A The total duration of the curricular exam shall not exceed two and a half hours.

Article 127.

Practical proof in clinical specialties

1-A each candidate is assigned a patient, draw from a set beforehand

chosen, avails the doctor of hour and a half to observe it, and may perform the

non-invasive techniques of the specialty that are suitable and possible.

2-After the observation referred to in the preceding paragraph the doctor is to draw up a report of the

what is stated in clinical history, objective examination and interim clinical diagnosis, well

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as their justification, ending with the written requisition of the exams

supplemental that judging convenient for the definitive diagnosis.

3-For the elaboration of the indicated report, the candidate has the hour and a half.

4-Received the requisitioned exams, the candidate has one hour to elaborate

final report, of which the evaluation of the supplementary examinations is shown, the discussion of

differential diagnosis, the therapeutic proposal and the prognosis.

5-During the period mentioned in the previous number, the doctor can observe again the

sick and perform non-invasive techniques from the specialty that are suitable and

possible.

6-The jury of the examination may, if it considers that it is justified and prior to the commencement of the evidence,

prolong one of the periods indicated for another hour.

7-The final report is read before the jury, decorated that are more than 12 hours after the

start of the proof.

8-The final report is appreciated by at least three of the members of the jury, who have

for the effect of 15 each, avails of the candidate of equal time to

respond.

Article 128.

Practical proof in non-clinical specialties

1-In non-clinical specialties, the practical proof is constituted by the execution of techniques

own from the specialty, namely an autopsy, radiographic examinations or

laboratory, arranged in similar moulds, with the necessary adaptations, to the evidence

of the clinical specialties.

2-A The execution of the proof is assisted by at least one member of the jury.

Article 129.

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Theoretical proof

1-A The theoretical proof consists of the interrogation of the candidate by at least three members

of the jury, on different themes.

2-Each member of the jury has a maximum of 15 to effect matters,

disposing of the candidate of equal time for response.

3-A The total duration of the proof shall not exceed two and a half hours.

Article 130.

Fees

By the inscription on the Order, in the colleges of specialties, in the sections of subspecialties,

as well as by conducting exams and by issuing the professional ballot, are due

fees.

Article 131.

Conditions for the realization of vocational training placements

1-Can be assigned permits for the realization of vocational training placements

to the nationals of the Member States of the Community of Portuguese Language Countries

(CPLP), which meet the following cumulative requirements:

a) Be demonstrably enrolled as doctors in the counterparts authorities

of the Order in their country of origin or provenance, provided that they both integrate the

CPLP;

b) Present the plan of the professional internships, with an indication of their scope,

duration and services or units where they are carried out, as well as the identification of the

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medical practitioner or medical specialists responsible for the guidance of the so-called internships;

c) The stages to be carried out in services recognized by the Order with

idoneity and formative capacity.

2-Applications for the granting of temporary licences should be addressed to the Council

regional of the area where the internships take place and are instructed, in the terms set out in

regulation to be approved by the Order.

3-The provisions of the preceding paragraphs may be applicable to the realization of internships

professionals by nationals of other states with whom the Portuguese State has

entered into agreements of cooperation in the field of health, listened to the Order.

Article 132.

Restrictions on exercise of activity

The allocation of permission for the realization of vocational training placements, in the

terms set out in the previous article, only allows its holder to practise medical acts

in the framework of the respected stage and always under supervision of specialist doctor.

Article 133.

Rights and duties

Those to whom it is authorised to carry out vocational training placements have the

rights and shall be subject to the duties set out in this Statute, other than

incompatible with your situation.

Article 134.

Registration of authorisations

The Order organizes a national register of the authorizations granted and which are in force

in every moment.

Article 135.

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General principles of conduct

1-The doctor shall exercise his / her profession in accordance with leges artis with the utmost respect

by the right to health of people and the community.

2-The doctor, in the exercise of his profession, is entitled to a fair remuneration.

3-The doctor must abstain from unjustified practices by the interest of the patient or who

presuppose or create false consumption needs.

4-The doctor, in the exercise of his profession, shall and to the extent that this does not conflict with

the interest of your patient, protect society by ensuring a conscious exercise,

looking for the greatest effectiveness and efficiency in the strict management of existing resources.

5-The doctor must pay his / her professional activity without any form of

discrimination.

6-The doctor, to the extent of his / her possibilities, knowledge and experience, must, in

any place or circumstance, provide emergency treatment to people who if

find in immediate danger, regardless of their specific function or their

specialized training.

7-The exercise of the right to strike may not violate the principles of medical deontology,

by the time the doctors should ensure the inadiable care for patients.

8-The doctor should take care of the permanent update of your scientific culture and your

technical preparation, being a fundamental ethical duty the diligent professional exercise and

technically appropriate to the rules of medical art.

9-The doctor must have public and professional behaviour appropriate to the dignity of his / her

profession, without prejudice to their rights of citizenship and individual freedom.

10-The doctor must provide the best care in his / her reach, with technical independence

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and deontological.

11-The doctor must provide the appropriate information to the patient and his / her get your

free and enlightened consent.

Article 136.

General principle of the disclosure of medical activity

1-In the dissemination of your professional activity, the doctor should be guided by the interest of the

sick to refrain from practices that presuppose or create false needs of

consumption.

2-A advertising of medical activity should be merely informative of the conditions of

listening to the public and the professional qualification of the doctor whose title is

recognized by the Order.

3-It is vetoed to doctors the disclosure of information susceptible to being considered as

guarantee of results or that it can be considered misleading advertising.

Article 137.

General principle of collaboration

1-Whatever your professional status, the doctor must, with full respect for the

deontological precepts, support and collaborate with the caregivers of care of

health.

2-The doctor may cease their collaboration, in the event of a serious violation of the rights,

freedoms and individual guarantees of the persons entrusted to it, or of serious

violation of the dignity, freedom and independence of their professional action.

3-The doctor can, still, refuse his collaboration in concrete situations relatively

to which invokes the right to the objection of conscience.

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Article 138.

Objection of conscience

1-The doctor has the right to refuse the practice of act of his profession when such a practice

get into conflict with your conscience and offend your ethical principles, morals,

religious, philosophical, ideological or humanitarian.

2-A conscientiess objection is manifested in the face of concrete situations, in document that

may be registered in the Order, signed by the objector doctor and communicated to the Director

clinic of the health establishment, owing to its decision being communicated to the patient,

or to whom in their place provide the consent, in good time.

3-A conscientious objection cannot be invoked in urgent situation and that implies

danger of life or serious harm to health, if there is no other doctor available to

who the patient can turn to.

4-The objector doctor may not suffer any personal or professional injury by the

exercise of your right to the objection of conscience.

Article 139.

Professional secret

1-Professional medical secret presupposes and allows for a basis of truth and mutual

trust and is essential condition to the doctor-patient relationship, assailing in the

moral, social, professional and ethical interest, with a view to booking the intimacy of the

private life.

2-The professional medical secret covers all the facts that have come to the

knowledge of the doctor in the exercise of your profession or because of it and understands

especially:

a) The facts revealed directly by the person, by listening to your request or by

third with whom you have contacted during the provision of care or because of

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of it;

b) The facts made aware by the doctor, whether or not from the clinical observation of the

sick or from third parties;

c) The facts resulting from the knowledge of the complementary means of diagnosis

and therapeutics regarding the patient;

d) The facts communicated by another doctor or health professional, thank you,

as for the same, the secret.

3-A The obligation of professional secrecy exists, whether the service requested has or has not been

rendered and whether or not remunerated.

4-The professional secret remains after the death of the patient.

5-It is expressly forbidden for the doctor to send patients for diagnostic purposes or

therapeutic to any entity not linked to professional secrecy.

6-Excludes yourself from the duty of professional secrecy:

a) The consent of the patient or, in the event of hindrance, of his / her representative

legal, when the revelation does not harm third persons with an interest in the

maintenance of professional secrecy;

b) Whatever is absolutely necessary for the defence of dignity, honour and the

legitimate interests of the doctor, the patient or third parties, and may not in

any of these cases the doctor will reveal more than necessary, nor may they

make without prior permission of the bastonary;

c) What reveals a birth or a death;

d) The diseases of compulsory declaration.

Article 140.

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Rights of doctors with the Order

They are the rights of doctors enrolled in the Order:

a) Electing the organs of the Order and applying for the respective elections, resurred the

inelegibilities established in law and in this Statute;

b) Participate in the activities of the Order;

c) Benefit from the services provided by the Order, without any discrimination;

d) Others provided for in law and in this Statute.

Article 141.

Duties of doctors with the Order

They are duties of the doctors:

a) Comply with the provisions of this Statute and too much regulations;

b) Comply with the deontological standards governing the exercise of the medical profession;

c) Participate in the activities of the Order and keep them informed, namely

taking part in the assemblies or working groups;

d) Perform the duties for it to be elected or designated;

e) Defend the good name and the prestige of the Order;

f) Communicating to the Order, within 30 days, the change of any of its

professional and or personal domiciles, or any other situation that influences in your

identification;

g) Participate in the training and medical assessment pre- and post-graduate;

h) Pay the quotas and fees.

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Article 142.

Relations with other health professionals

The doctor, in his relations with the other health professionals, must respect his

independence and dignity.

Article 143.

Duty of cooperation

1-The doctor, in relations with his non-medical collaborators, must observe a

conduct of cooperation, mutual respect and trust.

2-The doctor shall assume the responsibility of the acts practiced by his auxiliaries,

provided that they act on the exact fulfillment of their directives.

Article 144.

Development of deontological rules

Doctors ' deontological rules are the object of development in the code

deontological, to be approved by the assembly of representatives.

Article 145.

Capacity for the exercise of the medical profession

1-They may be prevented from exercising, in whole or in part, their profession, the doctors

declared inidogens or incapable.

2-It is instituted process for suitability ascertaining for the professional exercise

whenever the doctor:

a) Has been convicted of any seriously dishonorable crime;

b) Do not be in the full enjoyment of civil rights;

c) Has been convicted, at the disciplinary venue of the Order, in one or more proceedings,

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for serious non-compliance with the professional duties imposed on it by the

present Statute and respect regulations.

3-It is instituted proceedings to ascertain the incapacity for the professional exercise

whenever:

a) The doctor has been declared unable to administer his person by sentence

transitioned on trial;

b) Be recognized physical or mental disability for the exercise of the profession

upon advice from a committee of specially appointed experts for the

effect, consisting of five members, being two appointed by the board

regional of the section to which the doctor belongs, two by the person concerned and one by the

top council.

4-If the person concerned is not in a position to make the appointment as to which

point ( b) from the previous number, must the same be made by the person to whom legally

would fit the tutelage or curatelle in the cases of interdiction or inabilitation judicially

declared.

5-A the initiation and procedure of the process for suitability ascertaining or

disability are identical to those of the disciplinary procedure, with the necessary adaptations.

6-A The deliberation of lack of idoneity or disability for the exercise of the profession alone

may be delivered upon decision making two thirds of the votes of all

members of the Superior Council.

7-A deliberation of the Superior Council declaring the doctor unable to exercise

partially the profession sets out the conditions for exercise to be applied to the concrete case.

8-Of the deliberation referred to in the preceding paragraph shall be appean to the courts

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administrative.

9-Doctors totally barred from exercising the profession in the terms of the numbers

previous may, decorated three years on the date of the impediment decision, request

its re-enrollment, on which it decides, with recourse to the Higher Council, the

competent Regional Council.

10-The application is only deinjured when, upon prior inquiry with an applicant's hearing,

proves to be manifest the manifest dignity of your behaviour in the last three years and if

reach the conviction of his complete recovery for the exercise of the profession.

Article 146.

Internal national referendum

1-Mediant deliberation of the assembly of representatives, issues of particular relevance

to the Order and which fall in its assignments, may be submitted to the referendum,

with binding or consultative character.

2-They are compulsorily subjected to internal referendum the dissolution proposals of the

Order and alineation of the real estate heritage of the Order affection to the use of the organs

national.

3-A The holding of referendums is mandatorily preceded by the verification of your

legal or statutory compliance, by the top council.

Article 147.

Internal regional referendum

1-Mediant deliberation of the regional Council, issues of particular relevance to the

respect region and which fall in its assignments, may be submitted to the referendum,

with a binding or consultative character.

2-They are compulsorily subjected to internal referendum, with binding character, the

proposed alineation or burdening of the real estate heritage affections to the use of the sections

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regional and the sub-regions.

3-A The holding of regional referendums is mandatorily preceded by the verification of their

legal or statutory compliance, by the top council.

Article 148.

Linkactivity of the referendum

The results of the referendums are binding only if in them they participate in the absolute majority of the

doctors enrolled in the Order or, in the case of regional referendum, of the doctors enrolled in the

respect region or sub-region, and who do not have their enrollment suspended.

Article 149.

One-stop shop

1-All requests, communications and notifications provided for in this Law between the Order

and the professionals, the medical societies or other associative organizations of

professionals for the exercise of medicine, with the exception of those relating to procedures

disciplars, are carried out by electronic means, through the single electrolytic counter

of the services, referred to in Articles 5 and 6 of the Decree-Law No. 92/2010 of July 26,

accessible via the website of the Order.

2-When, on the grounds of unavailability of the electrolytic platforms, it is not possible

the fulfillment of the provisions of the preceding paragraph, the transmission of the information in

appreciation can be made by delivery on the services of the Order, by shipment by mail under

register, by fax or by electro mail.

3-A presentation of documents in simple form, in the terms of the previous figures,

dispensing the consignment of the original, authentic, authenticated or certified documents,

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without prejudice to the provisions of the paragraph a ) of paragraph 3 and in paragraphs 4 and 5 of Article 7 of the

Decree-Law No. 92/2010 of July 26.

4-Are still applicable to the procedures referred to in this Article o

points d ) and and ) of Article 5 and in Article 7 (1) of the Decree-Law No. 92/2010 of 26 of

July.

Article 150.

Professional Attributes Certification System

1-A Order provides its doctors with electro-quality certification mechanisms

of member, as well as of the respected professional titles awarded.

2-When it is not possible to comply with the provisions of the preceding paragraph, on grounds

of unavailability of the electro platforms, as well as in cases where the

interested do not have means that will enable you to access them, the proof of

quality of doctors and respects professional titles is made by the exhibition of the ballot

professional or a certifying certificate.

Article 151.

Personnel

1-The workers of the Order shall apply for the scheme provided for in the Labour Code and the

willing in the following numbers.

2-A contract celebration of work must be preceded by a selection process that

comply with the principles of equality, transparency, advertising and the

rationale based on objective selection criteria.

3-The rules to which you must obey the selection process are set out in internal regulations.

Article 152.

Budget, financial management and public procurement

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1-A Order has own budget.

2-A Order is subject:

a) To the rules of budgetary balance and limitation of established indebtedness

in own diploma;

b) To the regime of the Code of Public Procurement;

c) To the regime of accounting normalization for non-profit sector entities,

that integrates the Accounting Normalization System.

3-The State does not guarantee the financial responsibilities of the Order, nor is it responsible

by your debts.

Article 153.

National budget

1-The budget of the national bodies of the Order is proposed by the national council and

approved by the assembly of representatives.

2-The national budget carries out, still and compulsorily, the integration of all the

budgets.

3-The expenditure of national bodies is comprised of each of the regional sections of

agreement with the proportion of the doctors in them.

Article 154.

Budgets of regional bodies

1-The budgets of regional and local bodies are proposed by the governing bodies

executives and approved by the respected assembly.

2-The regional bodies, including those of the autonomous regions, must send, by the day 15 of

november each year, the respective budgets, duly approved to the council

national.

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3-The national budget is to be approved by the December 31 of each year.

Article 155.

Recipes

1-Are recipes of the Order:

a) The quotas of its members;

b) The fees charged for the provision of services, in particular by the evidence of

medical communication and autonomy, examination juries, electro-electronic certification,

audits, certificates, honourary laureates, opinions of the technical bodies and

advisory;

c) The incomes of the patrimony patrimony;

d) The product of heritages, legacies and donations;

e) Other revenue provided for in law and regulations.

2-The State can only finance the Order when it deals with the counterpart of services

determined, established upon protocol and not understood in their

legal incumbencies.

3-The deliberations on the setting of the quotas and the fees are approved by the assembly of

representatives, by an absolute majority, on a proposal from the national council, on the basis of a

study that baselessly adequately the proposed amounts, and observed the

substantive requirements set out in the general law on the fees and other contributions of the

Public Administration.

4-A collection of the credits resulting from the revenue provided for in points a) and b) of paragraph 1

follows the process of tax enforcement.

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Article 156.

Collection of revenue

1-The quotas are charged for each of the regions ' respective respects, on them impending the

duties of:

a) Commensurate, proportionally, in the national budget;

b) Contribute to a minimum of 2% of the value of the quotas effectively charged

to the Solidarity Fund of the Order.

2-All too many recipes are collected by the executive bodies that ensure the

provision of the service.

3-Heritage proceeds, the product of inheritances, legacies and donations and all

too much contributions are collected and integrated into the national and or regional budget,

depending on whether they constitute income from the national or regional heritage.

Article 155.

Real estate

1-The heritage of the Order is managed and administered at the national and regional level, depending on

affective affective use.

2-The acts of alienation, burdening and acquisition of immovable property depend on the proposal of the

national council and approval by the assembly of representatives, by a majority of

three quarters of the effective members.

Article 157.

Services

1-A Order has the operational and technical services necessary for the pursuit of the

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your assignments, without prejudice to the possibility of externalizing tasks.

2-A Order may establish cooperation agreements with the inspection services of the

Public Administration, for the performance of the task of enforcement of compliance

of the professional duties on the part of its members.

3-Cooperation agreements may be established with the inspection services indicated

in the preceding paragraph, which aim to prevent the illegal exercise of the profession, inter alia

by whom do not gather the legally established qualifications.

Article 158.

Administrative tutelage

The powers of administrative tutelage on the Order in accordance with Article 45 of the

Law No. 2/2013, of January 10, and in the respect of the Staff Regulations, are exercised by the member of the

Government responsible for the area of health.

Article 159.

Audit by the Court of Auditors

The Order is subject to the jurisdiction of the Court of Auditors, pursuant to the Act

of Organization and Process and in the General Rules of the Court of Auditors.

Article 160.

Annual report and information duties

1-A Order elabates annually a report on the pursuit of its tasks, the

which shall be submitted to the Assembly of the Republic and to the Government, by March 31 of

each year.

2-A Order provides the Assembly of the Republic and the Government with all the information that it

is requested in respect of the pursuit of its assignments.

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3-The bastonary of the Order and the chairpersons of the regional councils shall respond to the

request from the relevant parliamentary committees to provide the information, well

how to provide clarifications that they request to them.

Article 161.

Symbols

The emblem, standart and sinete of the Order can only be modified or changed by

referendum, on a proposal from the assembly of representatives.

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ANNEX

(referred to in Article 63 (2) and Article 68 (2) of the Staff Regulations)

Disciplinary rules

Article 1.

Disciplinary infraction

1-Consider disciplinary infraction all action or omission that consists in violation by

any member of the Order, of the duties laid down in the Statute of the order, in the

present annex and in the respect of regulations.

2-A disciplinary infraction is:

a) Lightweight, when the accused violently violates the professional duties to which

is found adstrite in the exercise of the profession;

b) Grave, when the accused viole with dolo or guilt grave the professional duties to

which is found to be adstrite in the exercise of the profession;

c) Very serious, when the accused viole the professional duties to which he is adstrite

in the exercise of the profession, affecting with its conduct, in a serious manner, the

dignity and the prestige of the profession.

3-The disciplinary infractions provided for in this Annex and too much legal provisions

and applicable regulations are punishable by title of dolo or negligence.

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Article 2.

Disciplinary jurisdiction

1-Members of the Order are subject to the disciplinary power of the organs of the Order, in the

the prescribed terms Statute of the Order, in this Annex and in the disciplinary regulation.

2-A suspension or the cancellation of the inscription in the Order does not cease to

disciplinary responsibility for infractions previously practiced by the member of the

Order.

3-During the time of suspension of the inscription, the member remains subject to power

discipline of the Order.

4-A The punishment with the sanction of professional expulsion does not stop liability

Disciplinary of the Member of the Order regarding the infractions by him committed before the

definitive decision that has applied them.

Article 3.

Independence of the disciplinary responsibility of the members of the Order

1-A disciplinary responsibility is independent of civil and criminal liability

stemming from the practice of the same fact and coexists with any other provided for in the law.

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

by law.

3-The disciplinary process is promoted independently of any other and in it if

resolves all matters that matter to the decision of the cause, without prejudice to its

appreciation, in the legal terms, for other effects.

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4-When, on the grounds of the same facts, criminal proceedings have been instituted

against a member of the Order and, to be aware of the existence of a disciplinary infraction,

it is necessary to judge any matter that cannot be properly resolved in the

disciplinary proceedings, the suspension of the disciplinary procedure may be ordered during the

time in which, by force of jurisdictional decision or jurisdictional assessment of

any question, the march of the corresponding process cannot begin or

continue to take place.

5-A The suspension of the disciplinary procedure, in the terms of the preceding paragraph, is communicated by the

Order to the competent judicial authority, to which you must order the consignment to the Order of

copy of the order dispatch and, if it there is place, of the pronunciation dispatch.

6-As soon as the Order has knowledge of the decision or court assessment referred to

in paragraph 4 and when there has been no place for the resolution of the matter, this is decided in the

disciplinary process.

7-Whenever, in criminal proceedings against member, it is designated day for the hearing of

trial, the court must order the referral to the Order, preferably by way

electro, from the dispatch of charge or from the pronunciation of pronunciation, as well as

any other elements requested by the competent disciplinary body.

8-A disciplinary responsibility of the members before the Order, arising from the practice of

infractions, is independent of disciplinary liability for violation of duties

emerging from working relationships.

Article 4.

Disciplinary responsibility of professionals in free provision of services

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Professionals who provide services on national territory in free provision

are equated with the members of the Order, for disciplinary purposes, under the terms of paragraph 2 of the

Article 4 of Law No. 9/2009 of March 4, amended by the Laws 41/2012, 28 of

August, and 25/2014, of May 2, with the specificities set out in Article 13 (8) and

of the disciplinary regulation.

Article 5.

Disciplinary responsibility of professional societies

The collective persons members of the Order are subject to the disciplinary power of the organs

of the latter in accordance with the Statute of the Order, of this Annex and of the law governing the

constitution and the functioning of the societies of professionals.

Article 6.

Prescription of the disciplinary procedure

1-The right to institute the disciplinary procedure prescribes within five years, the

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

2-If the disciplinary infraction constitutes simultaneously criminal infraction for which the law

establish prescription subject to longer term, the disciplinary procedure only

prescribe after the course of this last term.

3-The limitation period of the disciplinary procedure runs from the day on which the fact is

has consummated.

4-The limitation period only runs:

a) In the instantaneous infractions, from the time of its practice;

b) In the continuing infractions, since the day of the practice of the last act;

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c) In the permanent infractions, from the day on which to cease consummation.

5-The disciplinary procedure also prescribes if, since the knowledge by the organ

competent for the establishment of the same or since the participation effected in the terms

of Article 10 (1), do not commense the competent disciplinary procedure on the deadline

of a year.

6-The limitation period of the disciplinary procedure suspending itself during the time in

that the disciplinary procedure is suspended, to await dispatch from prosecution or from

pronunciation in criminal proceedings or a decision of the first instance, depending on the

complexity of the process.

7-The limitation period comes back to running from the day on which the cause of the suspension is ceased.

8-The limitation period of the disciplinary procedure, referred to in paragraphs 1 and 5, interrupts-

if with the notification to the accused:

a) Of the introduction of the disciplinary procedure;

b) From the prosecution.

9-A The prescribing of the disciplinary procedure always takes place when, from its inception and

re-saved the time of suspension, the normal limitation period has elapsed

increased by half.

Article 7.

Cessation of disciplinary responsibility

1-During the time of suspension of the inscription the Member of the Order remains subject to the

disciplinary power of the Order.

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2-The cancellation of enrollment does not cease disciplinary liability for infractions

previously practiced.

Article 8.

Exercise of disciplinary action

1-Have legitimacy to participate in the Order facts susceptible to constituting infringement

discipline:

a) The executive bodies of the Order;

b) Any person, regardless of whether it is directly or indirectly affected by the

participates facts;

c) The Public Prosecutor's Office, pursuant to paragraph 3.

2-Courts and any authorities shall give notice to the Order of practice, by

part of members of the Order, of facts susceptible to constituting disciplinary infraction.

3-The Public Prosecutor's Office and the criminal police bodies refer to the Order's certificate

denunciations, stakes or complaints filed against members of the Order and that

may substantiate facts susceptible to constitute disciplinary infraction

Article 9.

Desistance of participation

The dismissal of the disciplinary participation by the person concerned extinguishes the disciplinary procedure,

unless the imputed infraction affects the dignity of the member of the targeted Order and, in this case,

this manifests intention for continuation of the process, or the prestige of the Order or of the

profession, in any of its specialties.

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Article 10.

Introduction of the disciplinary procedure

1-The disciplinary procedure is instituted:

a) By deliberation of the competent disciplinary board, based on participation

directed at the Order by the complainant himself or by his legal representative, always

that it is necessary to ascertain matter subject to secrecy, or in other cases, by

any duly identified person or entity, who has knowledge

de facto susceptible to integrating disciplinary infraction;

b) By decision of the chairman of the top council or the chairman of the board

competent disciplinary, regardless of participation.

2-Havendo participation, or in accordance with the provisions of paragraph b ) of the previous number, the

chair of the competent disciplinary board can, if he so understands, start by

to institute a summary case-finding process, with a view to a better

clarification of the facts, only then deciding whether or not it is to institute proceedings

discipline.

3-A instituting disciplinary proceedings does not imply any pre-judgment of guilt, enjoying

the doctor accused of the legal presumption of innocence until proven otherwise.

Article 11.

Procedural legitimacy

Persons with a direct, personal and legitimate interest in respect of the facts involved,

may request the Order to intervene in the process, requiring and claiming what

have for convenient.

Article 12.

Subsidiary law

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Without prejudice to the provisions of this Annex, the disciplinary procedure shall be governed by

disciplinary regulation, being in a subsidiary to be applicable to the procedures

provided for in the General Labor Law in Public Functions, passed by Law No. 35/2014, of

June 20.

Article 13.

Disciplinary sanctions

1-The disciplinary sanctions are as follows:

a) Warning;

b) Censor;

c) Suspension up to the maximum of 10 years;

d) Expulsion.

2-A penalty provided for in the paragraph a ) of the previous number is applied to the member who comet

infringement with light guilt and consists of mere repair for the practiced wrongdoing.

3-A penalty provided for in the paragraph b ) of paragraph 1 shall apply to light infractions, practiced with

neglect, and consists of an ethical deprecation judgement by the lack committed.

4-A penalty provided for in the paragraph c ) of paragraph 1 shall apply to cases of serious infractions,

practiced with gross negligence or eventual dolo, and consists of the total remoteness

of the exercise of medicine during the period of application of the sanction, constituting, among

other, causes of suspension, the following infractions:

a) Disobedience to determinations of the Order, when these correspond to the

exercise of bound powers conferred by law;

b) Violation of any duties enshrined in law or in the statute and regulations

of the Order and to aim at the protection of life, health, welfare or dignity

of the persons, when it should not correspond to him or her higher penalty;

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c) Concealment of the illegal exercise of medicine;

d) Practice of disciplinary infraction that also constitutes punishable crime with a penalty of

prison of more than one year.

5-A suspension sanction of more than five years can only be applied by

deliberation that obtains the majority of two-thirds of the votes of all members

effective from the competent disciplinary board.

6-A penalty provided for in the paragraph d ) of paragraph 1 shall apply:

a) When you have been committed disciplinary infraction with serious guilt that too

constitutes a crime punishable with a prison sentence of more than three years;

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

physical and mental integrity or life of patients or the community;

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

personality of patients;

d) When it has been committed disciplinary infraction that severely affects the

dignity and professional prestige, withdrawing idoneity to the doctor for the

exercise of the profession.

7-A expulsion sanction can only be enforced by deliberation that obtains the majority

of two-thirds of the votes of all the effective members of the disciplinary board

competent.

8-In the case of professionals in regime of free provision of services on national territory,

the penalties provided for in paragraphs 5 and 6 assume the form of temporary interdiction or

definitive of the exercise of the professional activity in this territory, depending on the cases,

applying, with due adaptations, the provisions of Article 32.

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9-Where the infraction results from the violation of a duty by omission, the compliance of the

applied sanctions not waiver the defendants ' compliance with that, if this is still

possible.

Article 14.

Graduation

1-In the application of the sanctions must be met with professional and disciplinary background

of the defendants, to the degree of culpability, gravity, the consequences of the infraction and all

the remaining aggravating or mitigating circumstances.

2-Are mitigating circumstances:

a) The effective exercise of medicine for a period of more than five years, without

any disciplinary sanction;

b) The confession;

c) The collaboration of the accused for the discovery of the truth;

d) The spontaneous redress, by the accused, of the damage caused by his conduct.

3-Are aggravating circumstances:

a) The premeditation;

b) The collusion;

c) The recidivism;

d) The accumulation of infractions;

e) The practice of disciplinary infraction during the performance of disciplinary sanction or

of suspension of the respect of the implementation;

f) The production of loss of value equal to or greater than half of the wavement of the

Courts of Relation;

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g) The practice of any acts that target the achievement of undue profits or

disproportionate at the expense of patients;

h) The practice of any acts that matter considerable injury to third parties.

4-Checks the point d ) of the preceding paragraph when the accused, before the deadline passed

of three years on the last conviction, has committed similar disciplinary infraction.

5-Checks the point and ) of paragraph 3 whenever two or more infractions are committed

simultaneously or prior to the punishment of prior infringement.

6-Not counting to the effect the ancillary sanctions pursuant to this Annex not

may be applied to the same accused more than one disciplinary sanction:

a) For each infraction committed;

b) By the accumulated infractions that are appreciated in a single process;

c) For the infractions appreciated in more than one process, when apensated.

7-The top council which, at the headquarters of appeal, has confirmed the conviction, may

requesting the regional council to respect the suspension of the enrolment of the target, whenever,

from the final decision of the fine on which there is a convict, this does not proceed to the

payment, within 15 days, requiring still the delivery of the professional ballot in the

same term, without prejudice to rehabilitation when the target fulfills the sanction.

Article 15.

Application of ancillary sanctions

1-The ancillary sanctions are as follows:

a) A fine of quantitative between two to 22 times the value of the highest annual quota to

date of the infraction;

b) Loss of fees;

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c) Publicity of the sanction.

2-A The penalty of fine consists in the payment of a pecuniary value and is graduated in

reason of the seriousness of the infraction and the guilt of the accused and determined by behavior

practiced in abuse of the function or with serious violation of the duties attached to it

or that it reveals serious indignity in the exercise of the profession.

3-A The loss of fees consists in the return of the fees already received that have

origin in the medical act object of the punishing infringement, or in the loss of the right to receive them,

if they have not yet been paid.

4-A publicity of the sanction is carried out on social media, scope

national or regional, as well as on the site of the Order on the Internet, without prejudice to the

set out in Article 22 (4) and determined by behaviour revisits

indignity in the exercise of the profession.

5-The ancillary sanctions can only be applied cumulatively with the sanctions

disciplars provided for in Article 13 para.

Article 16.

Unity and accumulation of infractions

Without prejudice to the provisions of this Annex as to the ancillary sanctions, it cannot

apply to the same member more than a disciplinary sanction for each punishable fact.

Article 17.

Suspension of sanctions

1-Taking into consideration the degree of guilt, the behavior of the accused and the rest

circumstances of the practice of infraction, disciplinary sanctions lower than suspension

may be suspended for a period of between three and five years.

2-Cessa the suspension of the sanction whenever, in respect of the punished member, be

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have delivered sentencing dispatch in new disciplinary proceedings.

Article 18.

Application of suspension and expulsion sanctions

1-The procedure for application of the suspension penalties of more than two years or of

expulsion may be subject to public hearing, in the terms provided for in the regulation

discipline.

2-Sussuspension penalties for a period of more than two years or expulsion may only be

applied for deliberation that assemble the qualified majority of two-thirds of the members

of the disciplinarily competent body.

Article 19.

Implementation of sanctions

1-Compete to the top council to give execution to the decisions rendered in a process seat

discipline, specifically practicing the acts required for the effective suspension or the

cancellation of the enrolment of the members to whom the sanctions are applied

suspension and expulsion respectively, without prejudice to the collaboration of the organs

executives.

2-A The application of sanction of suspension or expulsion implies the temporary prohibition or

definitive, respectively, of the practice of any professional act and the delivery of the ballot

professional at the headquarters of the Order where the accused has his or her professional domicile, nos

applicable cases.

Article 20.

Start of production of effects of disciplinary sanctions

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1-The disciplinary sanctions initiate the production of its effects on the day after that in

that the decision becomes final.

2-If on the date the decision becomes final, the inscription of the accused is suspended

on non-disciplinary grounds, compliance with the disciplinary penalty of suspension has

start on the day following the lifting of the suspension.

Article 21.

Deadline for payment of the fine

1-The fines imposed under the terms of the paragraph a ) of Article 15 (1) shall be paid in the

period of 15 days, counting from the beginning of production of effects of the sanction sanction.

2-To the Member who does not pay the fine within the time limit referred to in the preceding paragraph shall be suspended to

your enrolment, upon decision by the disciplinarily competent body, to which you are

communicated.

3-A suspension can only be lifted after payment of the importance in debt.

Article 22.

Communication and advertising

1-A application of any of the penalties provided for in points c ) and d) of paragraph 1 (13) is

communicated by the competent disciplinary body:

a) To the society of professionals or associative organization on account of which the

argued to provide services at the date of the facts;

b) To the competent authority of the Member State of the European Union or of Space

European Economic for the control of the activity of the accused established in that

even Member State.

2-When the sanction applied for suspension or expulsion, publicity is given on the site

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of the Order on the Internet and in places deemed to be idogens for the fulfillment of the

purposes of general prevention of the legal system.

3-If it is decided to hold preventive or applied suspension of suspension or expulsion,

the national council shall insert the corresponding annotation into the permanent lists of

members released by computer means.

4-A publicity of disciplinary sanctions, preventive suspension and sanctions

ancillary is promoted by the disciplistically competent body, being effected

expensed from the accused.

5-Without prejudice to the provisions of the preceding paragraph, the Order restitutes the amount paid by the

argued to give publicity to your preventative suspension whenever this one does not come to

be sentenced in the context of the respective disciplinary procedure.

Article 23.

Prescription of disciplinary sanctions

1-The disciplinary sanctions prescribe us in the following deadlines, from the date on which the

decision becomes inimitable:

a) Of two years, those of warning and censorship;

b) From five years, those of suspension and expulsion.

2-The limitation period starts on the day after the one in which the decision becomes

definitive.

Article 24.

Conviction in criminal proceedings

1-Whenever in criminal proceedings the prohibition of exercise of the profession is imposed

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during a given period of time, this is deducted from the disciplinary sanction of

suspension which, by the practice of the same facts, comes to be applied to the member of the

Order.

2-A The conviction of a member of the Order in criminal proceedings is communicated to the Order,

for effects of averaging to the enrollment respect.

Article 25.

Compulsion

The application of a disciplinary sanction is always preceded by the finding of the facts and the

disciplinary liability in a process of its own, in the terms set out in this Annex

and in the disciplinary regulation.

Article 26.

Forms of the process

1-A disciplinary action may behave in the following ways:

a) Process of ascertaining;

b) Disciplinary process.

2-The fact-finding process is applicable when it is not possible to clearly identify the

existence of a disciplinary infraction or the infringing respect, imposing itself on

of summary representations for the clarification or realization of the facts in question.

3-The disciplinary procedure is applicable where there are indications that it is determined

member of the Order practiced properly realized facts, susceptible to constituting

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disciplinary infraction.

Article 27.

Disciplinary procedure

1-The disciplinary procedure is regulated in this Annex and in the disciplinary regulation.

2-The disciplinary process is composed of the following phases:

a) Instruction;

b) Defence of the accused;

c) Decision;

d) Execution.

3-Regardless of the phase of the disciplinary procedure, they are assured to the accused all the

guarantees of defence in the general terms of law.

Article 28.

Preventive suspension

1-Following the hearing of the accused, or if this, having been notified, does not appear to be

heard, can be ordered for your preventive suspension, upon deliberation taken

by a qualified majority of two thirds of the members of the competent body of the Order.

2-A suspension referred to in the preceding paragraph shall only be enacted in cases where

there are indications of the practice of disciplinary infraction to which it corresponds to one of the sanctions

provided for in points c ) and d ) of Article 13 (1)

3-A preventive suspension may not exceed six months and is always discounted in the sanction

of suspension.

Article 29.

Secret nature of the process

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1-The process is of a secret nature until the dispatch of prosecution or archiving.

2-The rapporteur may authorize the consultation of the case by the accused, by the participant, or by the

interested, when hence it does not result inconvenient for the instruction and under condition of

not to be disclosed what his const.

3-The defendants or the interested, when member of the Order, who does not respect nature

secret of the process, incurs disciplinary responsibility.

Article 30.

Recurrable decisions

1-Of the decisions taken in disciplinary matters rests with the upper board.

2-Of the other decisions taken in disciplinary matters of which it does not fall into appeal in the

terms of the previous number, it is up to administrative appeal, in the general terms of law.

3-The decisions of mere expedient or concerning the discipline of the works are not

actionable in the terms of the previous numbers.

Article 31.

Review

1-It is permissible to review the final decision delivered by the organs of the Order with

disciplinary competence whenever:

a) A court ruling carried forward on trial to declare false any elements or

means of evidence that has been determinant for the decision to revidend;

b) A court ruling carried out on trial has given as a proven crime

committed by member or members of the organ that delivered the decision revidend and

practiced in the process to be reviewed;

c) The facts that have served as a foundation of the sentencing decision are

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irreconcilable with those that are given as proven in another definitive decision and

of the opposition result in serious doubts about the fairness of the conviction;

d) If they have discovered new facts or means of proof that by themselves combined

with those who have been appreciated in the process, whisper grave doubts about justice

of the sentencing decision delivered.

2-A simple allegation of illegality, formal or substantial, of the process and of the decision

disciplining, does not constitute grounds for the review.

3-A review is admissible even if the procedure finds itself extinct or the sanction

prescribed or abiding.

4-The exercise of the right of review provided for in this Article shall be governed by the

applicable provisions of the disciplinary regulation.

Article 32.

Rehabilitation

1-In the case of application for sanction of expulsion, decorations that are 10 years, the member

can be rehabilitated, upon application and as long as it fulfills cumulatively

the following requirements:

a) There has been judicial rehabilitation, if there is any place;

b) There are no risks to the health of patients and the community;

c) If you show acautelate the dignity of medicine;

d) The rehabilitating has revealed good conduct, and may, in order to demonstrate it, use

the means of proof admitted in law.

2-When expulsion occurred by virtue of the provisions of the paragraph b ) of paragraph 5 of the

article 13, rehabilitation depends on the provision of public evidence, in terms of fixing in

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regulation.

3-In special cases, rehabilitation may be limited to the practice of certain medical acts.

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ANNEX II

(referred to in Article 5)

Republication of the Decree-Law No. 282/77 of July 5