Key Benefits:
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Proposal for Law No 312 /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 statutes of the professional public associations already set up under the scheme
statued by that ei.
By this law, the adequacy of the Statute of the Order of Nursing approved is hereby made
by Decree-Law No. 104/98 of April 21, as amended by Law No. 111/2009, of 16 of
September, to the scheme provided for in Law No. 2/2013 of January 10, which, in essence,
translate the maintenance of the already existing statutory provisions with the changes
arising from the application of the said law.
It was heard the Order of Nursing.
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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. 104/98 of April 21,
changed by Law No. 111/2009 of September 16, which creates the Order of Nursing and
approves its Statute, in the sense of matching it to the Act No 2/2013 of January 10, which
establishes the legal regime for the creation, organization and operation of the associations
professional public.
Article 2.
Amendment to the Status of the Order of Nursing
The Statute of the Order of Nursing, adopted in annex to the Decree-Law No. 104/98, of
April 21, amended by Law No. 111/2009 of September 16, 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
Nurses, 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 Nursing that do not contravenes the provisions of
in the Statute approved in annex to this Law.
3-A The Order of Nurses approves, within 180 days, from the date of entry into
vigour of this Act, the regulations laid down in the Statute adopted in annex to the
present law.
Article 4.
Abrogation standard
Articles 2, 3 and 4 of the Decree-Law No. 104/98 of April 21, amended are repealed
by Law No. 111/2009 of September 16.
Article 5.
Republication
It is republished, in Annex II to this Law and of which it is an integral part, the Decree-Law
n. 104/98, of April 21, with the current essay.
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Article 6.
Entry into force
This Law shall come into force 30 days after its publication.
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 NURSES
CHAPTER I
General provisions
Article 1.
Nature and legal regime
1-A Order of the Nurses, hereafter abbreviated by Order, is the
representative professional public association of those who, in accordance with the
this Statute and the other applicable legal provisions, shall carry out the profession of
nurse practitioner.
2-A Order enjoys legal personality and is independent of the organs of the State, being
free and autonomous within the scope of its assignments.
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.
Scope of acting
1-A Order exercises the assignments conferred on this Statute on the national territory,
has its registered office in Lisbon and consists of regional sections.
2-The regional sections referred to in the preceding paragraph are:
a) The Northern Regional Section, based in the Port and area of acting
corresponding to the districts of Braga, Bragança, Porto, Viana of the Castle and Vila
Real;
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b) The Regional Section of the Centre, based in Coimbra and area of acting
corresponding to the districts of Aveiro, White Castle, Coimbra, Guard, Leiria
and Viseu;
c) The Southern Regional Section, based in Lisbon and corresponding area of acting
to the districts of Beja, Évora, Faro, Lisbon, Portalegre, Santarém and Setúbal;
d) The Regional Section of the Autonomous Region of the Azores;
e) The Regional Section of the Autonomous Region of Madeira.
Article 3.
Purposes and attributions
1-A Order has as fundamental disigns the defence of the general interests of the
recipients of the nursing services and the representation and defence of the interests of the
profession.
2-A Order has for regular purposes and overseeing access to the nurseryman profession and the
your exercise, approve, in the terms of the law, the technical and deontological norms respecting,
to ensure compliance with the legal and regulatory standards of the profession and to exercise the
disciplinary power over its members.
3-Are attributions of the Order:
a) To ensure the social function, dignity and prestige of the nursing profession,
promoting the professional and scientific valorisation of its members;
b) To ensure compliance with the rules of professional deontology;
c) Contribute, through the elaboration of studies and formulation of proposals, to the
definition of health policy;
d) To regulate the access and exercise of the profession;
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e) Define the level of professional qualification and regulate the professional exercise;
f) Believe and credit actions of continuing education;
g) Regulate the conditions for enrolment in the Order and the reentry to the exercise of the
profession, in the legally applicable terms;
h) Check the satisfaction of the conditions for enrolment to which Articles 6 and
7.
i) Assign the professional title of nurse practitioner and nurse specialist with
issuance of the inert professional ballot;
j) To effect and keep up to date the registration of all nurses;
k) Protecting the title and profession of nurse practitioner by promoting legal procedure
against whom use or exercise the profession illegally;
l) Exercising disciplinary jurisdiction over the nurses;
m) Participate in the drafting of legislation that concerns the profession of nurse practitioner;
n) To promote solidarity among its members;
o) To foster the development of training and research in nursing and
pronounce on the training models and the general structure of the courses of
nursing;
p) Provide the scientific and technical collaboration requested by any national entity
or foreign, public or private, when there is public interest;
q) To promote the exchange of ideas, experiences and scientific knowledge between
its members and counterparts, national or foreign, that if
dedicate themselves to the areas of health and nursing;
r) Collaborate with the class organizations that represent the nurses in
matters of common interest, on its own initiative or on the initiative of those
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organizations;
s) Participate in the official accreditation processes and the evaluation of the courses they give
access to the nursing profession;
t) Recognizing the professional qualifications obtained outside Portugal, under the terms of
law, the law of the European Union or international convention;
u) Any others that are committed to you by law.
4-It Is still incumbent upon the Order to represent the nurses to the organs of sovereignty and
collaborate with the state and too many public entities whenever they are at issue
matters relating to the pursuit of the tasks of the Order, specifically in the
actions aimed at citizens ' access to health care and the care of
nursing.
5-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.
Cooperation and collaboration
1-A Order may cooperate with any organizations, national or foreign, of
scientific, professional or social nature, which aim at the exercise of the profession of
nurse practitioner.
2-A Order should promote and intensify cooperation, at the international level, in the field
of the nursing sciences, particularly with scientific institutions from the countries of
official language Portuguese and Member States of the European Union.
3-For the better pursuit of its assignments, the Order may establish agreements of
cooperation with other public, private or social entities, national or
foreign, with the exception of entities of trade union nature or politics.
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4-A Order, within the framework of institutional collaboration, may request information from
public, private and social-economic entities, for the pursuit of their
assignments, especially, as far as the points are concerned d ), j) and l) of Article 3 (3).
5-A Order may establish cooperation agreements with the inspection services of the
Public Administration for the audit of the fulfilment of professional duties by
part of its members.
6-A Order may establish cooperation agreements with the inspection services
referred to in the preceding paragraph, which aim to prevent the illegal exercise of the profession,
particularly by those who do not gather the legally established qualifications.
7-A Order provides and requests the administrative authorities of the other Member States
of the European Union and of the European Economic Area and the European Commission assistance
mutual and take the necessary steps to cooperate effectively, notably
through the Internal Market Information System, in the framework of the procedures
relating to service providers already established in another Member State, on the terms
of Chapter VI of Decree-Law No 92/2010 of July 26, of Article 51 (2) of the
Law No. 9/2009 of March 4, amended by Laws No 41/2012 of August 28, and
25/2014, of May 2, and of Article 19 (2) and (3) of Directive No 2000 /31/CE, of the
European Parliament and of the Council of June 8, 2000 on certain aspements
legal from the services of the information society, in particular from the electronical trade.
Article 5.
Insignia
The Order is entitled to use emblem, standart and own stamps, of model to be approved
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by the general assembly, on a proposal from the board of directors.
CHAPTER II
Enrollment and exercise of the profession
SECTION I
Exercise of the profession, enrolment, titles and members
Article 6.
Exercise of the profession
The exercise of the nursing profession depends on enrollment as a member of the Order.
Article 7.
Inscription
1-Can sign up in the Order:
a) The holders of higher courses of Portuguese nursing;
b) The holders of the general nursing course or legal equivalent;
c) The holders of senior foreign nursing courses, who have
obtained equivalence to a higher course of Portuguese nursing;
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. 12;
e) The national professionals of third states whose qualifications have been
obtained outside Portugal, as long as they obtain the equivalence of their
qualifications to the qualifications required in points a ) and b ) and is guaranteed to
reciprocity of treatment, pursuant to the convention concluded between the Order and
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the congenital authority of the country of origin of the person concerned.
2-Can still enroll in the Order:
a) Professional nursing societies, including branch offices of organisations
associative of nurses constituted under the right of another state, in the
terms of Article 14;
b) The permanent representations on national territory of organisations
associative of nurses constituted under the right of another state,
if they wish to be members of the Order pursuant to Rule 15.
3-To exercise in the occasional and sporadic manner on national territory of the activity of
nurse practitioner, in regime of free provision of services, by national professionals of
Member States of the European Union and of the European Economic Area, whose
qualifications have been obtained outside of Portugal, the provisions of Article 13 apply.
4-To candidates who have not done their training in educational establishment
portuguese is required, in the regulatory terms, to be subject to a proof of communication
which aims to assess the ability to understand and communicate, in Portuguese language, in the
scope of the professional exercise.
5-A enrollment in the Order shall be governed by this Statute and respect for regulation and report-
if to the regional section corresponding to the district of the applicant's habitual residence.
6-For the purpose of enrolment in the Order, the supporting document must be submitted
of the required academic dwellings, in original or public form, or in the absence of these,
document proving that it has already been required and is in a condition to be issued.
7-The professional stage of adaptation, as a measure of compensation, is governed by the
Law No. 9/2009 of March 4, amended by Laws No 41/2012 of August 28, and
25/2014, of May 2.
8-A enrollment in the Order can only be refused on grounds of the lack of qualifications
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legal for the exercise of the profession, in inhibition by judicial sentence carried over in
judged, or in the absence of any of the requirements laid down in this article.
Article 8.
Headings
1-The title of nurse practitioner recognizes scientific, technical and human competence for the
provision of general nursing care.
2-The title of nursing is assigned to the member, holder of professional ballot, entered in the
Order in the terms of the previous article.
3-The title of specialist nurse practitioner recognizes scientific, technical and human competence
to provide specialized nursing care in the areas of specialty in
nursing, recognized by the Order.
4-The title of specialist nurse is assigned to the holder of the title of the nurse practitioner, after
weighting of formative processes and skills certification, in an area
specialization clinic, pursuant to the specialty regulation, approved by the
Order and homologated by the member of the Government responsible for the area of health.
5-The titles awarded under the terms of paragraphs 2 and 4 are entered on the professional ballot.
Article 9.
Members
1-A Order has effective, honorary and corresponding members.
2-A enrollment as an effective member of the Order processes in the terms set out in the
articles 7 and 8, with issuance of professional ballot.
3-A The quality of honorary member of the Order can be awarded to individuals or
collectives that, developing or having developed activities of recognized
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merit and public interest, have contributed to the dignified and prestige of the
profession of nursing and are considered worthy of such distinction.
4-In the quality of corresponding members of the Order may be admitted members
of foreign congenic associations confirming equal treatment to members of the
Order.
Article 10.
Conditions for the exercise
1-The professional exercise obliges the nurse to:
a) Be holder of valid professional ballot;
b) Be entered in the regional section corresponding to the professional domicile;
c) Be a holder of professional liability insurance.
2-When not any of the conditions provided for in the preceding paragraph, the
nurse practitioner has a deadline of 30 working days to regularize their situation.
3-A professional ballot paper is revalidated periodically, in the regulatory terms, since
that they hold the assumptions that have justified their issuance.
4-For the purposes of the c ) of paragraph 1, the provisions of Article 38 of the Law shall be observed
n. 2/2013, of January 10.
Article 11.
Suspension and loss of the quality of Member of the Order
1-The inscription of the members of the Order is suspended that:
a) The rewant;
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b) Have been punished with disciplinary sanction of suspension;
c) Find themselves in a situation of supervenient incompatibility with the exercise of
profession of nurse practitioner;
d) They find themselves in a situation of repeated default, for the minimum period of
12 months, of the duty of payment of quotas, in accordance with the present
Statute;
e) Do not have professional liability insurance in place.
2-The inscription of the members of the Order is cancelled that:
a) The rewant;
b) They have been punished with the disciplinary sanction of expulsion;
c) The Order is aware of its demise.
3-The cancellation cases provided for in the preceding paragraph imply the loss of the quality
of effective member of the Order.
4-A The professional ballot is always returned to the Order, by the holder, in the foreseen situations
in the previous numbers.
5-A The impossibility of returning the professional ballot or non-compliance with that duty
does not prevent the suspension or cancellation of the enrollment from becoming effective.
SECTION II
Professionals of the European Union and of the European Economic Area
Article 12.
Right of establishment
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1-The recognition of professional qualifications of national Member State of the
European Union or the European Economic Area obtained outside Portugal, for your
enrolment 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
that atue as a manager or administrator in the Member State of origin, in the framework of
associative organization of professionals, must, noted the provisions of paragraph 4 of the article
37 of Law No. 2/2013 of January 10, to 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.
Article 13.
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 nurse practitioner regulated by this Statute, may exercise them,
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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
nurse practitioner and are equated with nurse practitioner 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.
SECTION III
Professional societies
Article 14.
Societies of professionals
1-Nurses established in national territory may exercise in group a
profession, as long as they constitute or join as partners in professional societies
of nurses.
2-Can still be partners of societies of nursing professionals:
a) Societies of nurses of previously constituted and registered nurses
as members of the Order;
b) Associative organizations of professionals who are equipped with constituted nurses
in another Member State of the European Union or of the European Economic Area,
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whose capital and voting rights fall majority-to the professionals concerned.
3-The capital requirement referred to in para. b ) of the preceding paragraph shall not apply in case of
associative organization does not have social capital.
4-The equiparation judgment referred to in point (a) b ) of paragraph 2 is governed by:
a) As for nationals of State Member 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;
b) As for nationals of third countries whose qualifications have been obtained
out of Portugal, by the internationally beholdant reciprocity regime.
5-Nursing societies enjoy the rights and are subject to the applicable duties
to professionals members of the Order who are compatible with their nature,
being in particular subject to the principles and deontological rules set out in the
present Statute.
6-Professional nursing societies are not recognised electoral capacity.
7-The members of the executive body of professional nursing 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 nurses by the law and the present Statute.
8-Professional societies of nurses may exercise, on a secondary basis,
any activities that are not incompatible with the activity of nurse practitioner, in
relation to which no impediment occurs, under the terms of this Statute, no
being these activities subject to the control of the Order.
9-A The constitution and the functioning of the societies of professionals appear in diploma
own.
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SECTION IV
Other organizations of providers
Article 15.
Associative organizations of professionals from other Member States
1-The associative organizations of professionals who are equipped with nurses, constituted
in another Member State of the European Union or of the European Economic Area, whose
capital with right to vote fall majority-to the professionals concerned and or the
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 as such equates to nursing societies for the purposes of this Statute.
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 State Member 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;
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 appears in the diploma setting out the legal regime of the constitution and
operation of the societies of professionals who are subject to associations
professional public.
5-The associative organizations of professionals from other Member States are not
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recognized electoral capacity.
Article 16.
Other providers
The collective persons who provide nursing services and do not constitute themselves in the form
of companies of professionals are not subject to enrolment in the Order, without prejudice to the
compulsory enrollment in the Order of professionals who pay their respects
activity, under the terms of this Statute.
CHAPTER III
Organization
Article 17.
Organs
1-Are national bodies of the Order:
a) The general meeting;
b) The board of directors;
c) The bastonary;
d) The jurisdictional council;
e) The tax council;
f) The board of nursing;
g) The colleges of the specialties.
h) The commission for the award of securities;
2-Are regional bodies of the Order:
a) The regional assemblies;
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b) The regional guideline councils;
c) The regional jurisdictional boards;
d) The regional tax councils;
e) The regional nursing boards.
SECTION I
National bodies of the Order
SUBSECTION I
The general assembly
Article 18.
Composition
The general meeting consists of all the effective members of the Order with ballot
valid professional and in the full enjoyment and exercise of your rights.
Article 19.
Competence
It shall compete with the general meeting:
a) Approve the plan of activities and the budget presented by the board of directors;
b) Approve the report and accounts presented by the board of directors;
c) Deliberating on the proposals for amending this Statute;
d) Deliberating on proposals of national bodies and approving motions and
recommendations of professional and associative character;
e) Deliberating on proposed changes or extinction of national bodies or
regional;
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f) Deliberating on proposals for the creation of delegations or other forms of
representation, heard the regional sections, under the terms of this Statute;
g) Set the value of the monthly quotas and fees;
h) Set the percentage of the value of the quotization to be allocated to the regional sections;
i) Passing the necessary regulations to the pursuit of the purposes of the Order, of
agreement with this Statute;
j) Appreciate the activity of national bodies and approve motions and recommendations of
professional and associative character;
k) Take a position on the exercise of the profession, status and guarantees of the
nurses;
l) Pronouns on issues of a scientific, technical and professional nature;
m) Approve the proposals for the creation of new specialties;
n) Deliberating the submission to the referendum, with binding or consultative character, on
matters of particular relevance to the Order, upon proposal of the council
directive and after opinion favorable by the jurisdictional council on its
legal admissibility;
o) Deliberating on all matters that are not understood in the
specific competences of the remaining organs of the Order;
p) Approve your regiment.
Article 20.
Health
1-A General assembly shall convenor in an ordinary session, until March 31 of
each year, to exercise the powers provided for, inter alia, in the points a ) and b ) from the
previous article.
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2-A The general meeting shall meet, obligatorily, in ordinary session, until May 30 of 3.
year of the quadriennium, preferably on the international day of the nurse practitioner, namely
to exercise the powers provided for in points f ), g ), j ), k ) and l ) of the previous article.
3-A General assembly meets in extraordinary session when the superior interests of the
Order the advisor, on the initiative:
a) From the chairman of the table of the general meeting;
b) From the board of directors;
c) Of the tax council;
d) Out of 5% of the effective members of the Order, with valid ballot and in full exercise
of your rights.
4-At the meeting of the general meeting provided for in paragraph 2 may participate in the members
honorariums and correspondents of the Order, through their representatives, without a right to
vote.
Article 21.
Seat of meetings
1-General meeting meetings can be held in any district capital.
2-The extraordinary meetings of the general meeting take place in Porto, in Coimbra or
in Lisbon.
Article 22.
Convocation and disclosure
1-General meeting meetings are convened by the chair of the table, by means of
advertisements published in a national expansion newspaper and on the official website of the
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Order, with minimum advance of 30 days straight.
2-Documents to be considered in the assembly shall be disclosed to the members ' respective respects
with the minimum advance of 8 days straight.
3-A convocation of extraordinary meetings shall be made for one of the 15 days following the
application presentation and with the minimum 48-hour advance notice of the date of the
respect fulfillment.
4-Of the convening of the general meeting shall appear on the order of work, the day, the hour and
the location.
Article 23.
Operation and validity of deliberations
1-A General assembly takes place on the day, time and place designated in the convocation, when
are present 5% of the effective members.
2-In the lack of quorum, the general assembly takes place 30 later, with any
number of effective members.
3-The deliberations of the general meeting are valid when they are respected
formalities of the convocation and to relay on matters of its competence, constants
of the order of work.
4-A The change in the order of business by the assembly can only take place when they are
present at least 10% of the members of the Order.
5-The deliberations of the general meeting on proposals for amendments to this Statute
are only valid when suffused by two-thirds of the effective members ' respects,
present at the meeting.
6-A General assembly convened pursuant to paragraph 6-A d ) of Article 20 (3) only has
place when at least two thirds of the applicants are present.
7-The faltose applicants are prevented from exercising the right to convene the
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general assembly until end of term and for period not less than two years.
Article 24.
Table of the general meeting
1-A The table of the general meeting consists of a president, a vice president and four
secretaries.
2-The chairman of the table of the general assembly is elected by direct and universal suffrage.
3-The vice president and the secretaries are the chairpersons of the regional assemblies.
4-The chairman of the regional assembly in whose section the meeting holds the
competencies conferred on the vice president.
Article 25.
Competence of the members of the table
1-Compete to the President convene the general meeting, pursuant to this Statute, and
direct the meetings.
2-Compete the vice president to replace the president in his or her fallout or impediments.
3-Compete to the Secretaries the elaboration of the atas, which are read and approved in the assembly
the following general, and co-adjuvate the president in the necessary acts to the normal functioning
of the general assembly.
SUBSECTION II
From the board of directors
Article 26.
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Composition
1-The board of directors consists of the bastonary and for 10 vowels, of which five are,
by inherence, the chairmen of the regional boards.
2-The bastonary, two vice-presidents, two secretaries and a treasurer are elected by
universal, direct, secret and periodic suffrage.
3-The bastonary may, when judging advisable, convene for the board meetings
directive the chairpersons of the jurisdictional council, the tax council, the council of
nursing and the desks of the colleges of the specialty, which they have, in this case, right
of voting.
Article 27.
Competence
1-Compete to the board of directors:
a) Directing the national activity of the Order, including its general acting lines;
b) Define the position of the Order in the face of the organs of sovereignty and the Administration
Public, in matters that relate to their assignments;
c) Issue opinion on bills of legislative diplomas or regulations that have
how to object the teaching and training that confers legal qualifications for the
exercise of nursing;
d) Issue opinion, on its initiative or at the request of the competent official entities,
on the various subjects related to the exercise of nursing,
specifically on the organization of the services that it is concerned with;
e) Articulating the activities between the regional sections, according to political lines
defined national;
f) Draw up and submit to the general meeting the activities plan, the budget, the
report and annual accounts;
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g) To propose to the general assembly the creation of new specialties;
h) Elaborate and propose to the general meeting, after hearing of the competent bodies and
opinion of the jurisdictional board, the regulations necessary for the implementation of the
this Statute;
i) To propose to the general meeting the amount of quotas and fees;
j) Carry out the deliberations of the general meeting;
k) Administering and restruturating the heritage of the Order;
l) Promote the collection of revenue and authorize expenses, accept donations, inheritances
and legacies made to the Order;
m) Deliberating on the acquisition or burdening of goods of the Order and the contraction of
loans, within the borrowing limits approved in the budget;
n) To institute enforcement procedures for nurses with shares in debt to the
Order;
o) To propose to the general meeting, under the advice of the nursing board, the level of
qualification and conditions of enrolment and re-entry into the Order;
p) Participate in the official accreditation processes and the evaluation of the courses they give
access to the profession;
q) To draw up and keep updated the records of all nurses;
r) Directing the operation of the services of the seat of the Order;
s) Assign the quality of corresponding member of the Order;
t) Developing the relations of the Order with national or foreign institutions of the
same nature;
u) Constitute commissions for the execution of tasks or studies on matters of
interest of the Order;
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v) Designate or appoint nurses who, in representation of the Order, must
integrate any possible or permanent commissions and working groups;
w) Promoting the realization of a mandatory character congress, in the 3 th year of the
mandate, preferably on the international day of the nurse practitioner, having by
objective the discussion on issues of a scientific, technical and professional nature,
as well as taking a position on the exercise of the profession, the present Statute and the
guarantees of the nurses;
x) Promote the holding of congresses, conferences, seminars and other activities
scientific research aimed at the development of nursing, in collaboration with the
regional guideline boards, and may include other professional organizations;
y) To organize and promote the publication of a periodical journal of informative cariz;
z) To promote the publication of a scientific journal;
aa) Elaborate and approve your regiment;
bb) Exercise the remaining powers that the law or regulations confer upon you.
2-The board of directors may delegate to its members any of the competences
indicated in the previous number.
Article 28.
Health
1-The board of directors works at the headquarters of the Order and meets, ordinarily, when
convened by its president, at least once a month.
2-The board of directors brings together, extraordinarily, on the initiative of the president or by
solicitation, in writing, of one-third of its members.
3-The President is obliged to hold the convening of the meeting whenever a third of the
vowels to request it in writing, indicating the subject they wish to see treated.
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SUBSECTION III
From the bastonary
Article 29.
Bastonary of the Order
1-The bastonary is the president of the Order and, by inherence, chairman of the board of directors.
2-The bastonary is elected by universal, direct, secret and periodic suffrage.
Article 30.
Competence
1-Compete to the bastonary:
a) Represent the Order in judgment and outside of it, specifically in the face of the organs of
sovereignty;
b) Driving the services of the Order of national scope;
c) Chair to the board of directors;
d) Execute and enforce the deliberations of the board of directors;
e) Dispatching the current expedient of the board of directors;
f) Exercising the direction competences of the Order, in the event of an acknowledged urgency;
g) Request any organ of the Order to draw up opinions relating to subjects
of your competence;
h) Watch, wanting, the meetings of all the collegiate bodies of the Order, only having
right to vote in the organs to which he chairs;
i) Please appeal to the jurisdictional council of the deliberations of all bodies
of the Order that judges contrary to laws, regulations or the interests of the
Order or its members;
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j) Appreciate and pronounce on the requests for resignation and suspension of members
of the elected Order and give possession to the alternates called by the jurisdictional board;
k) Chair of the scientific committee and the editorial board of the journals of the Order;
l) Exercise the remaining powers that the law or regulations confer upon you.
2-The bastonary can delegate competencies in any of the vice-presidents of the
directional board.
SUBSECTION IV
Court of law
Article 31.
Composition
1-The jurisdictional council constitutes the supreme court of the Order and is
made up of a president and 10 vowels.
2-The president and five vowels, are elected by universal suffrage, direct, secret and
periodical.
3-The remaining five vowels are, by inherence, the presidents of the jurisdictional boards
of the regional sections.
4-The vowels referred to in the preceding paragraph shall not be allowed to participate in the interposed resources
in the process in which they have had intervention, whether by prowling the contested decision, or
taking in another position on issues raised in the appeal.
Article 32.
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Competence
1-Compete to the jurisdictional council:
a) Deliberating the interposed resources of the deliberations of the various bodies or the
your members;
b) Profer final decision on all disciplinary procedures;
c) Deliberating on waiver requirements for posts and temporary suspension
of functions of the members of the organs of the Order;
d) Deliberating on the loss of positions in the Order;
e) Deliberating on the replacement of the members of the organs of the Order;
f) To exercise the disciplinary power with respect to all members of the Order;
g) Promoting ethno-deontological reflection;
h) Draw up the opinions requested by you by the bastonary, on the exercise
professional and deontological;
2-Compete to the President dispatching the current expedient of the jurisdictional council.
3-The jurisdictional council is assisted by legal advisors, appointed by the board
directive.
4-The jurisdictional council, to operate in full, sets the matters that must be dealt with
by the sections of the court council;
5-Of the deliberations of the sections of the jurisdictional council are to be appean to the full
advice.
6-Compete, in exclusive, to the jurisdictional council, in plenary session:
a) Proceed to the replacement of the bastonary, in the event of permanent impediment, to
ratify at the general meeting of the Order in the following ordinary session;
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b) Confer, by proposal of the directional board, the title of honorary member of the
Order to nurses who have exercised the profession, at least, during 25
years with remarkable merit;
c) Judging the interposed resources;
d) Define the rehabilitation processes to be established in regulation for
presentation to the general meeting, heard beforehand the nursing board;
e) To deliberate on the requests for rehabilitation of the members of the Order;
f) Deliberating the opening of disciplinary procedures, their instruction and the assessment
final with respect to all effective members of the organs of the Order in the
exercise of their duties, as well as in relation to bastonaries and presidents of the
jurisdictional board of previous mandates.
g) Draw up proposals for amendment to the deontological code, for submission to the
general assembly and subsequent proposal for amendment to this Statute;
h) Elaborate and propose amendments to the disciplinary regulation, for submission to the
general assembly;
i) Issue opinion on the regiments of the organs of the Order;
j) Deliberating on the conflicts, positive or negative, of organ competences;
k) Elaborate and approve your regiment.
Article 33.
Health
1-The jurisdictional council functions at the headquarters of the Order and gathers when summoned by the
your president.
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2-In the first session of each quadriennium, the jurisdictional council elects, from among its
members, two vice-presidents and four secretaries.
3-The jurisdictional council meets in plenary session and by sections.
4-A The composition of the two sections is set at the first session of each exercise, fit to
a section the competence of the exercise of disciplinary power and, to the other section, to
competence of analysis of issues and preparation of opinions of a deontological nature.
5-The president of the jurisdictional council presides over the plenary sessions and sessions of the 1 th e
of the 2 th section.
6-A 1 th section consists of four vowels and the 2 th section consists of six vowels.
7-Each section is secretariated by one of the secretaries.
8-Sections act validly when three fifths of their
members.
9-The deliberations are taken by a majority, avails of the president of quality voting.
SUBSECTION V
Tax advice
Article 34.
Composition and operation
1-The tax council consists of a president, a vice president and five vowels.
2-The president and the vice-chairman of the tax council are elected by universal suffrage,
direct, secret and periodic.
3-The chairpersons of the regional tax councils are, by inherence, the vowels of the council
tax.
4-The tax board integrates an official reviewer of accounts, appointed by the board of directors,
without the right to vote.
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5-The tax advice works at the headquarters of the Order and meets, ordinarily, in each
quarter and, extraordinarily, on the initiative of the president.
Article 35.
Competence
1-Compete to the tax council:
a) To monitor and scrutinize the patrimonial and financial management of the Order;
b) Appreciate and issue opinion on the annual report, bills and budget, elaborated
by the board of directors, to be submitted to the general meeting;
c) Appreciate the national scope accounting of the Order;
d) Appreciate and scrutinize the washed-out of the atas in the board meetings, in what
respects the deliberations inscribed in its competence;
e) Present to the board the proposals it considers appropriate for
improve the patrimonial and financial situation of the Order;
f) Pronounce on any matter submitted to it by another body
national, in respect of matter whose supervision is committed to it;
g) Elaborate and approve your regiment;
h) Participate, without a right to vote, at the board meetings, whenever this
consider it convenient.
2-The tax council must communicate to the board any situation that identifies
and imply budgetary deviation or compromise or may compromise the balance
accounting and financial of the Order.
3-The tax council may ask the board for the board and the regional governing boards
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information or documentation it deems necessary to comply with your
attributions.
SUBSECTION VI
Board of Nursing
Article 36.
Composition
1-The nursing board is the scientific and professional body of the Order and is constituted
by a president and 10 vowels.
2-The president and five vowels of the nursing board are elected by suffrage
universal, direct, secret and periodical.
3-The chairpersons of the regional nursing boards are, by inherence, the remaining
five vowels of the nursing board.
4-The members of the nursing board referred to in paragraph 2, if they are specialists, have
of being holders of different specialties.
Article 37.
Competence
It is incumbent on the nursing board:
a) Define the criteria and the validation matrix, for the purposes of the individualization of the
specialties;
b) To draw up the regulation of recognition of new specialties, to be proposed to
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directive board;
c) Recognizing specialties in nursing, to propose to the board of directors;
d) To draw up the regulation of individual skills certification, to be proposed to
directive board;
e) To draw up the regulation of assigning of the nursing and nursing titles
specialist, to propose to the board of directors;
f) Set the quality standards of nursing care, to propose to the board
directive
g) Follow up on the development of methods, instruments and programmes of
continuous improvement of the quality of care, at the national and international level;
h) Collaborate with national or international entities in the framework of quality;
i) To appreciate the monitoring of professional exercise at the national level;
j) To foster and monitor the development of training in nursing;
k) Nurturing research in nursing as a means of development of the
professional exercise;
l) To promote the development of scientific and professional relationships, in the different
fields of nursing, at the national and international level;
m) Undertake studies and deliver opinions on specific nursing subjects;
n) Support the direct and jurisdictional board in the professional affairs concerning the
general nursing care;
o) Define the conditions for recognition of professional qualifications obtained
outside the national territory, under the law, the law of the European Union or of
international convention;
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p) Define the processes of recognition of increased competence, to be proposed to the
directive board;
q) Define the revalidation and rehabilitation procedures, determining their
conditions of appreciation and verification, to be proposed to the board of directors, after appearing
of the court of law;
r) Organize a scientific magazine;
s) Elaborate and approve your regiment.
Article 38.
Health
1-The board of nursing works at the headquarters of the Order and gathers by convocation of its
president.
2-In the first session of each quadriennium, the board of nursing elects, from among the
its members, two vice-presidents and two secretaries.
3-Support the functioning of the nursing board the quality commission of the
nursing care and the commission of research and development.
4-The nursing board prepares the regulation of commissions, to propose to the board
directive.
5-In the first session of each quadrienium, the nursing board designates, from among the
their elected members, those who integrate each of the committees and, of these, what they preside over.
6-The nursing board can be advised by recognized experts
competence.
7-The experts referred to in the preceding paragraph shall be appointed by the board of directors, under
substantiated proposal of the nursing board.
8-In the treatment of transversal subjects to specialized professional areas, the President
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of the nursing board must convene for the board meetings, the presidents
of the colleges of the respective specialty specialties, which they have, in this case, right to vote.
9-The deliberations are taken by a majority, avails of the president of quality voting.
SUBSECTION VII
Colleges of specialties and specialty title
Article 39.
Colleges of specialties
1-The colleges of the specialties are the specialized professional bodies, constituted
by the members of the Order who hold the professional title of the specialty respect.
2-There are so many colleges as many as specialties.
Article 40.
Specialty titles
1-A Order assigns the following specialist nursing titles:
a) Nursing specialist in maternal and obstetric health nursing;
b) Nursing specialist in child and pediatric health nursing;
c) Nursing specialist in mental and psychiatric health nursing;
d) Nursing specialist in rehabilitation nursing;
e) Nursing specialist in medico-surgical nursing;
f) Nursing specialist in community nursing.
2-A obtaining the title of expert is governed by regulation proposed by the board
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of nursing to the board of directors and approved by the general assembly.
3-The regulation referred to in the preceding paragraph shall only produce effect after type-approval
by the member of the Government responsible for the area of health.
4-A The creation of new specialties shall comply with the provisions of this Statute.
Article 41.
Composition and operation
1-Each college elects a table, with a president and two secretaries, by direct suffrage,
secret and periodic from among the members holders of the specialty respect.
2-Each college meets, obligatorily, once a year, until February 1.
Article 42.
Competence
1-Are competences of the colleges of specialties:
a) To promote the development of scientific and professional relations between the
members of the specialty;
b) Elaborate studies on specific subjects of the specialty;
c) Define the specific competencies of the specialty, to be proposed to the board of directors;
d) Elaborate the formative programs of the specialty respect, to be proposed to the
directive board;
e) Accompany the specialist professional exercise, in articulation with the
regional nursing boards;
f) Define quality standards of specialized nursing care and ensure by
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your observance in the professional exercise;
g) Elaborate and approve your regiment.
2-Are competences of the table of the college:
a) Drive the work of the college;
b) To follow up on the deliberations of the college;
c) Issuing opinions, in accordance with the established in the College Regiment;
d) Supporting the board of directors, the jurisdictional board and the nursing board
in the professional affairs concerning specialist nursing care;
e) Designate a technical support committee, consisting of five members of the
specialty respect, one by regional section, intended to provide advice
technical and scientific within the framework of the competence of issuing opinions and in the
follow-up of the professional exercise, to propose to the board for
appointment;
f) To draw up a biennial report on the state of the development of the specialty and
recommendations;
g) Elaborate and approve your internal regiment.
3-The chairs of the tables of the colleges of the specialties integrate the committees
provided for in Article 38 (3).
4-Presidents of the desks of colleges can delegate competences in any one
of the secretaries.
5-The opinions in the scientific and technical areas, specific are binding.
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SUBSECTION VIII
Commission for assignment of securities
Article 43.
Composition and competence
1-A title award committee is appointed by the board of directors, for a period
of two years, listened to the nursing board, being constituted, at the very least, by
nine elements, which are indicated from among nurse practitioners and specialist nurses
of each of the specialties recognized by the Order.
2-It is up to the commission for the award of securities:
a) Analyze applications for enrolment with a view to the assignment of title of nurse practitioner and
specialist nurse;
b) Analyzing and deliberating on applications for recognition of training titles
obtained in the European Union, by nationals of its Member States, intended
to the exercise of occupations in Portuguese territory, under the legislation in
vigour;
c) Analysing and deliberating on applications for recognition of training titles
obtained in third countries to the European Union with which Portugal has
established agreements, intended for the exercise of occupations in territory
portuguese, under the terms provided for in special law;
d) Check the fulfilment of the requirements provided for the purposes of assigning the
title of nurse practitioner and specialist nurse, according to the provisions of the
this Statute;
e) Assign the titles of nurse practitioner and nurse specialist.
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3-A title award committee is supported by legal advisors, appointed by the
directional board.
SECTION II
Regional bodies
SUBSECTION I
The regional assembly
Article 44.
Composition and competence
1-A Regional assembly consists of all the effective members of the inscribed Order
in the regional section, with a valid professional ballot and in the full enjoyment and exercise of its
rights.
2-Compete to the regional assembly:
a) Approve the activities plan and the budget presented by the board of directors
regional;
b) Approve the report and accounts submitted by the regional governing board;
c) Deliberating on matters of a regional scope;
d) Appreciate the activity of regional bodies and approve motions and recommendations of
professional and associative character of regional scope;
e) Passing the necessary regulations for the exercise of the competences of the organs
regional;
f) Pronount on all matters that are not understood in the
competences of the other regional bodies and which are presented to it by the
regional governing board;
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g) Elaborate and approve your regiment.
Article 45.
Health
1-Regional assemblies assemble, ordinarily, once a year, until March 1, at
date prior to the date of the ordinary meeting of the general meeting provided for in paragraph 1 of the article
20., for the exercise of the powers provided for in the preceding article, on a date to be defined
by the chairman of the regional assembly's desk.
2-Regional assemblies meet, extraordinarily, when the superior interests
of the Order at the regional level advises him, on the initiative of the President of the assembly
regional, of the chairman of the regional directional council, of the chairman of the fiscal council
regional or when required under the terms of the ( d ) of Article 20 (3).
3-The regional assemblies are directed by a table consisting of a president and
two secretaries, elected by universal suffrage, direct, secretive and periodic by the
effective members of the Order enrolled in respect of regional section.
4-Regional assemblies can only deliberate validly on matters of their
competence and to enact within the purposes of the Order.
5-The deliberations of the regional assemblies have the nature of recommendations and not
link the Order as a national framework body.
SUBSECTION II
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Regional board of directors
Article 46.
Composition, competence and operation
1-The regional governing council of the regional sections consists of a president, a
secretary, a treasurer and two vowels, elected by universal suffrage, direct, secret and
periodical by the effective members of the Order inscribed in the regional section, with
valid professional ballot and in the full enjoyment and exercise of your rights.
2-Compete to the regional directional board:
a) Promote the activities of the Order at the regional level, according to the general lines
of acting defined by the board of directors;
b) Represent the regional section within the framework of its competences;
c) Managing the activities of the regional section pursuant to this Statute and respect
regulations;
d) Managing the patrimonial and financial assets that are entrusted to you and celebrate
the legal business, of ordinary administration, necessary for the exercise of its
competencies;
e) Elaborate and submit to the approval of the regional assembly the plan of activities and the
budget for each year, until March 1 of the current year;
f) Draw up and submit to the approval of the regional assembly the report and accounts
relating to the previous calendar year, until March 1 of the following year;
g) Accepting applications for enrollment as an effective member of the Order and ensuring the
regulatory procedures, in the territorial scope of the regional respect section;
h) Promote the registration of the effective members of the Order, issue the ballots
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professionals;
i) To promote the updating of the registration and files of the members of the Order;
j) Ensure the necessary conditions for the effectivation of the certification process
individual of competences;
k) To organize and manage administrative services and human resources;
l) Follow up on the professional exercise in the area of the regional section, in what
respects the conditions of exercise, dignity and prestige of the profession;
m) Promoting disciplinary actions, through the regional jurisdictional council or the
court;
n) Send annually to the board of directors a report on the exercise
professional in the respect region;
o) Pronouns on all the subjects presented to it, in the framework of
their competences;
p) Cooperate with all regional and national bodies in the pursuit of
attributions of the Order;
q) To ensure the dignity of the professional exercise and to ensure respect for the rights,
freedoms and guarantees of the nurses, at the regional level;
r) To ensure the quality of nursing care provided to the population and
promote the measures that it considers relevant at the regional level.
3-The functioning of the regional governing council obeys the regiment by it elaborated
and approved by the regional meeting respecting, after opinion favorable by the council
jurisdictional
SUBSECTION III
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Regional jurisdictional council
Article 47.
Composition, competence and operation
1-The regional jurisdictional board consists of three effective members of the Order,
elected by universal, direct and secret suffrage and periodical, by the effective members of the
Order enrolled in respect of regional section, with valid professional ballot and in full
enjoyment and exercise of his rights, the first being the president.
2-Compete to the regional jurisdictional council to instruct the disciplinary procedures that
respect members of the respecting section, with the exception of those who are from the
jurisdiction of the court council.
3-The functioning of the regional jurisdictional council obeys the regiment by it
drawn up and approved by the regional meeting respecting, after appearing favorable of the
court advice.
SUBSECTION IV
Regional tax council
Article 48.
Composition, competence and operation
1-The regional tax council consists of three effective members of the Order, elected
by universal, direct, secretive and periodic suffrage by the effective members of the Order
enrolled in respect of regional section, with valid professional ballot and in full enjoyment and
exercise of your rights, being the first the president.
2-Compete to the regional tax council:
a) Examine, at least quarterly, the financial management of the competence of the
regional guideline boards;
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b) Give advice on the report and accounts, as well as on the budget proposal,
presented by the respected regional directional boards;
c) Participate, without a right to vote, at the meetings of the respective boards of directors
regional, whenever they consider it to be convenient;
d) Scrutinize the rooftop lakes at the meetings of the regional boards.
3-The operation of the regional tax council obeys the regiment by it drawn up and
approved by the regional meeting respecting, after opinion favorable by the council
jurisdictional
SUBSECTION V
Regional nursing board
Article 49.
Composition, competence and operation
1-The regional nursing board is made up of a president and four vowels,
being elected by universal, direct, secretive and periodic suffrage by the effective members
of the Order inscribed on the regional section, with valid professional ballot and in the
full enjoyment and exercise of your rights.
2-The members of the regional nursing board referred to in the preceding paragraph, if
are specialists, have to be holders of different specialties.
3-Compete to the regional nursing board:
a) Promoting development and scientific appreciation, technical, cultural and
professional of members at the regional level;
b) To ensure compliance with the quality standards of nursing care and
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for the quality of the professional exercise of the nurses;
c) To stimulate the implementation of systems for continuous improvement of the quality of the
professional exercise of the nurses;
d) Follow up on the professional exercise in the area of the regional section, in the
field of general care and specialties, owing, in the case of these,
request the presence of experts indicated by the tables of the competent colleges;
e) Follow up on the development of training and research in nursing in
area of the regional section;
f) Follow up the delivery of the individual certification process of
competences, in the area of the regional respect section, in the regulatory terms;
4-The functioning of the regional nursing board obeys the regiment by it
drawn up and approved by the regional meeting respecting, after appearing favorable of the
court advice.
SUBSECTION VI
Subsidiary application
Article 50.
Subsidiary application standard
In the lack of regulation, the regional bodies are applied to the established standards for
the national bodies, with due adaptations.
CHAPTER IV
Elections
SECTION I
Electoral process
Article 51.
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Suffrage and eligibility
1-Elections are made by universal, direct and secret suffrage and periodical, exercised
presentially, by correspondence, electronically, or by other means
legally validated technological.
2-Are voters and can be elected to the organs of the Order the member nurses
effective Order with valid ballots and in the full enjoyment and exercise of your rights.
3-Without prejudice to the provisions of the preceding paragraph, they may only be elected to bastonary,
for member of the court board and for members of the jurisdictional board
regional, nurse practitioners who own, at least 10 years of professional exercise.
4-Can only be elected for vowels of the board of directors, of the nursing board, of the
regional directional council and regional nursing board the nurses who
they possess at least five years of professional exercise.
Article 52.
Election of the bastonary
1-It is elected bastonary the candidate who obtains half of the votes plus one, validly
expressed, not considering itself as such the blank votes.
2-If none of the candidates obtains the number of votes referred to in the preceding paragraph,
is the second suffrage up to the 21. day subsequent to the first vote.
3-To the suffrage referred to in the preceding paragraph agree only to the two candidates more
voted on that they have not withdrawn the application.
Article 53.
Submission of applications
1-Applications for national and regional bodies are submitted before the
presidents of the desks of the general assembly and the regional assemblies, respectively.
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2-Applications for national bodies and regional bodies are presented in
single list.
3-Applications for national bodies and regional bodies may be
independent.
4-The deadline for submission of applications runs until October 1 of the last year of the
respects mandate.
5-Each application for national and regional bodies should be subscribed for a minimum
of 250 and 100 members of the Order, respectively, for the national and regional bodies.
Article 54.
Date of elections
1-Elections for the organs of the Order take place between 1 and November 15 of the last
year of the four-year quadrien, on the date that is designated by the President of the General Meeting, under
proposal of the chairman of the board of directors, heard the presidents of the boards
regional directives.
2-Elections for national and regional bodies arise, at the same time, in the same
date.
Article 55.
Organization of the electoral process
1-A The organisation of the electoral process competes at the table of the general assembly and the tables of the
regional assemblies, which should, in particular:
a) Convene the election assemblies;
b) Arrange the electoral notebooks;
c) To promote the constitution of the supervisory committees.
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2-With the marking of the date of the elections is designated, by the table of the general assembly, a
election commission, consisting of five effective members of the Order, in representation
of each of the regional sections.
3-The chairman of the electoral commission is elected from among its members.
4-The electoral commission competes:
a) Confirm the organization of the electoral notebooks;
b) Appreciate the complaints about the electoral notebooks;
c) Check the regularity of applications;
d) Ensure communication, by idoidal means, of information about the applications,
particularly through electronic means, in the regulatory terms;
e) Decide the complaints about the electoral process;
f) Decide the resources on the electoral process;
g) Enjoy the reports of the supervisory commissions.
5-After the final deliberations on the interposed complaints and resources, basket the
mandate of the committee.
Article 56.
Assembly elections
1-A Election assembly works on voting sections, one in each regional section,
taking over the desks of the regional assemblies functions of polling stations.
2-When this is warranted, the electoral commission may constitute other voting sections,
fixing the composition of the paying polling tables by indication of the respective tables
of the regional assemblies.
3-A convocation of the electoral assembly fixed the time of operation of the sections of
vote, for a period not less than 12 hours.
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Article 57.
Commission of surveillance
1-In each regional section a supervisory commission shall consist of the
chairman of the regional assembly and by a representative of each of the
competing lists or bidders, which starts functions on the day following the term of the
period of submission of applications.
2-Representatives of the competing lists must be nominated with the presentation of the
respects applications.
3-Members of the supervisory committees may not be candidates in the elections nor
integrate the organs of the Order.
Article 58.
Competence of supervisory commissions
It is incumbent on the supervisory committees:
a) Scrutinize the electoral act;
b) Draw up a report of the detached irregularities, which should be sent to the
regional assemblies, and the electoral commission.
Article 59.
Election campaign
The Order comparticipates in the election campaign charges of each list in equal amount
for all of them, on the terms set by the board of directors.
Article 60.
Feature
1-May be deducted from the election act, within five working days, with
foundation in irregularities, which must be submitted to the assembly table
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regional.
2-From the decision of the regional assembly table is up to appeal to the electoral commission.
3-Claims and appeals are decided within five working days, as of the date
of the respective presentation.
Article 61.
Proclamation of results
1-There are no outstanding resources, the proclamation of the winning lists is made, on the deadline
of 10 working days.
2-They are winners of the lists that get the most votes.
3-The winning lists for national bodies are proclaimed by the assembly table
general.
4-The winning lists for the regional bodies are proclaimed by the respected tables
of the regional assemblies.
SECTION II
Exercise of the mandate
Article 62.
Mandate
1-The holders and members of the organs of the Order are elected for mandates with the duration
of four years, to be started on January 1 and to end on December 31.
2-The holders and members of the organs of the Order may not be elected by more than two
consecutive mandates.
3-Whenever it proves necessary to proceed to mid-term elections for any of the
organs of the Order, the term of office shall not exceed the term of the mandate of the
remaining organs.
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4-The finite mandate with the taking of possession of the new elected bodies.
Article 63.
Possession of the elected members
1-The outgoing president of the general assembly confers possession of the elected members to the
national bodies.
2-The outgoing chairpersons of the regional assemblies confer possession of the elected members
for the regional bodies.
Article 64.
Resignation to office
Any member of the organs of the Order may request the chairman of the board
jurisdictional the resignation of the office or the temporary suspension of the exercise of its duties,
on duly substantiated grounds, may not the term of suspension be higher
to six months.
Article 65.
Substitutions
1-In the case of resignation or expiry of the term of office, on disciplinary grounds or by death,
of the president of any collegiate body of the Order, this elege, at the first meeting
ordinary subsequent to the fact, from among its members, a new president and enters the
first alternate member of the respected list.
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2-In the case of resignation or expiry of the term of office, on disciplinary grounds or death, of
vogal of any collegiate body of the Order, this is replaced by the first member
alternate of the respect list.
3-In the cases provided for in the preceding paragraphs, substitutes carry out duties until the
term of the current term.
4-In the case of suspension of chairman of any collegiate body of the Order, it is observed
the scheme provided for in paragraph 1.
5-In the case of vowel suspension of any collegiate body of the Order, this is replaced
by the first alternate member of the respected list.
6-The surrogate members of the organs of the Order, either in the cases of resignation or in the
suspension cases, only integrate the respecting body and initiate the exercise of their
functions after their call on the part of the jurisdictional board.
CHAPTER V
Disciplinary regime
SECTION I
General provisions
Article 66.
Disciplinary infraction
1-It is considered to be infringing all action or omission that consists in violation, by
any member of the Order, of the duties laid down in law, in this Statute and
in the respects regulations.
2-A disciplinary infraction is:
a) Lightweight, when the accused viole in a little intense manner the professional duties to which
is found adstrite in the exercise of the profession, causing no injury to the
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recipient of the care neither the third, nor putting into question the prestige of the
profession;
b) Grave, when the accused seriously violates the professional duties to which if
finds adstrite in the exercise of the profession, causing injury to the recipient of the
taken care of or the third, or putting into question the prestige of the profession, or still
when the behaviour constitutes crime punishable with imprisonment up to three
years;
c) Very serious, when the accused viole the professional duties to which he is found
adstrite in the exercise of the profession, with injury to life or serious injury of integrity
physics or health of recipients of care or serious danger to public health,
or yet when the behaviour constitutes crime punishable with imprisonment
higher than three years.
3-The disciplinary infractions provided for in this Statute and too much legal provisions and
applicable regulations are punishable by title of dolo or negligence.
Article 67.
Disciplinary jurisdiction
1-Members of the Order are subject to the disciplinary power of the organs of the Order, in the
terms provided for in this Statute and in the disciplinary regulation.
2-During the time of suspension of the inscription the Member of the Order remains subject to the
disciplinary power of the Order.
3-The cancellation of enrollment does not cease disciplinary liability for infractions
previously practiced.
4-A The punishment with the sanction of expulsion does not stop the disciplinary responsibility of the
member of the Order regarding the infractions by him committed prior to the decision
definitive that has applied them.
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Article 68.
Independence of the disciplinary responsibility of the members of the Order
1-A disciplinary responsibility is independent of civil and criminal liability
arising from the practice of the same fact and coexists with any other provided by law.
2-A disciplinary liability to the Order coexists with any other foreseen
by law.
3-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.
4-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.
5-Elapsed the deadline set in accordance with paragraph 3 without the matter having been resolved, the
question is decided in the disciplinary process.
6-Where, in criminal proceedings against Member of the Order, it is designated day for the
trial hearing, the court must order the referral to the Order, preferably
by electronicity, from the order of charge, the dispatch of pronunciation and the
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contestation, if it has been presented, as well as any other elements
requested by the direction or the bastonary.
7-A disciplinary responsibility of the members before the Order, arising from the practice of
infractions, is independent of disciplinary responsibility in the face of respect
employers, for violation of the emerging duties of working relationships.
Article 69.
Disciplinary responsibility of the societies of professionals and practitioners in
free provision of services
1-Collective persons members of the Order are subject to the disciplinary power of their
organs, under the terms of this Statute and the law establishing the legal regime of the
constitution and operation of the societies of professionals who are subject to
professional public associations.
2-Professional practitioners who provide services on national territory in free
provision are equated with the members of the Order for disciplinary purposes, in the terms
of Article 4 (2) of Law No 9/2009 of March 4, as amended by the Laws 41/2012,
of August 28, and 25/2014, of May 2, with the specificities set out in paragraph 10
of Article 76 and the disciplinary regulation.
Article 70.
Prescription of the disciplinary procedure
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1-The disciplinary procedure extinguishes, by the effect of prescription, as soon as on the
practice of the infraction has elapsed the term of three years, save the provisions of the number
next.
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;
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 disciplinary procedure or the participation effected in the
the terms of Article 73 (1), the corresponding disciplinary procedure is not initiated,
within one year.
6-The limitation period of the disciplinary procedure suspending itself during the time in which the
disciplinary proceedings are suspended, awaiting dispatch of prosecution or pronunciation
in criminal proceedings;
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
with the notification to the accused:
a) From the initiation of the process of enquiries or disciplinary proceedings;
b) From the prosecution.
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SECTION II
From the exercise of disciplinary action
Article 71 °
Exercise of disciplinary action
1-Have legitimacy to participate in the Order facts susceptible to constituting infringement
discipline:
a) Any person directly or indirectly affected by the participating facts;
b) The holders of the organs of the Order;
c) The Public Prosecutor's Office, pursuant to paragraph 3.
2-Courts and any other authorities shall give notice to the Order of the
practice, by members of this, of susceptible facts of 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 72.
Desistance of participation
The dismissal of the disciplinary participation by the participant 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.
Article 73.
Introduction of the disciplinary procedure
1-Any organ of the Order, officiously or having on the basis of complaint, complaint or
participation submitted by duly identified person, containing facts
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susceptible to integrating disciplinary infraction of the member of the Order, communicates, from
prompt, the facts to the competent body for the prosecution of the disciplinary procedure.
2-When it concludes that participation is unfounded, hers gives knowledge to the member
of the Targeted Order and are issued the certificates that the same understand necessary for the
tutelage of your legitimate rights and interests.
Article 74.
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 and apply for and claim what they have
for convenient.
Article 75.
Subsidiary law
Without prejudice to the provisions of this Statute, the disciplinary procedure shall be governed by the
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.
SECTION III
From disciplinary sanctions
Article 76.
Application of disciplinary sanctions
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1-The disciplinary sanctions are as follows:
a) Warning written;
b) Censorship written;
c) Suspension of the professional exercise up to the maximum of five years;
d) Expulsion.
2-A The written warning sanction is applicable to soft infractions, practiced with negligence.
3-A The sanction of written censorship is applicable to light infractions practiced with dolo and the
serious infractions to which it does not match sanction of suspension.
4-A The sanction of suspension of the exercise of professional activity up to five years is applicable
to serious infractions that affect the dignity and prestige of the profession, specifically
upon the injury of life, serious injury to physical integrity, health or other rights and
relevant interests of third parties.
5-The cover-up of the illegal exercise of nursing is punishments with penalty of suspension
never less than two years.
6-A penalty for suspension of the professional exercise is, still, applicable in the case of infringement
discipline for culpable failure of the duty set out in the paragraph m ) of paragraph 1 of the
article 97 for a period of more than 12 months.
7-A application of the suspension penalty, in the case provided for in the number, previous stay
impaired and extinguished, by the effect of voluntary payment of the shares in debt,
case has been applied.
8-A The sanction of expulsion is applicable to very serious infractions.
9-A The application and implementation of the sanction for suspension of the professional exercise produces the
its effects independently in relation to any sanctions of nature
suspensive, arising from the same facts that are applied in other headquarters
Jurisdictional, not being their effects consumed by these.
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10-In the case of professionals in regime of free provision of services in territory
national, the penalties provided for in paragraphs 4 and 8 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 94.
11-A more serious penalty application than that of written warning, the Member of the Order
who exercises some office in the organs of the Order, determines the immediate ousting of that
job title.
12-Whenever the infraction results from the violation of a duty by omission, compliance
of the sanctions applied does not waiver the defendants ' compliance with that, if this is still
possible.
Article 77.
Graduation
1-In the application of the sanctions must be met with professional and disciplinary background
of the accused, the degree of guilt, the gravity and the consequences of the infraction, the situation
economic of the accused and to all the other aggravating or mitigating circumstances.
2-Are mitigating circumstances:
a) The effective exercise of professional activity for a period of more than five
years, followed or interpolated, without the application of any disciplinary penalty;
b) The spontaneous confession of the infraction or infractions;
c) The collaboration of the accused for the discovery of the truth;
d) The remediation of damage caused by the lesive conduct.
3-Are aggravating circumstances:
a) Premeditation in the practice of the infraction and the preparation thereof;
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b) The collusion;
c) The recidivism, considering itself as such the practice of infraction before the
deadline of five years after the day on which the conviction for
previous infraction commitment;
d) The accumulation of infractions, whenever two or more infractions are committed
at the same time or when another is committed before it has been punished to
previous;
e) The fact that the infraction or infractions are committed during the performance of
disciplinary sanction or in the course of the period of suspension of disciplinary penalty;
f) The production of considerable value damage, understanding itself as such whenever
exceeds the value of half of the remit of the courts of the relationship.
Article 78.
Application of ancillary sanctions
1-Cumulatively with the application of the disciplinary sanctions, they can be applied, the
title of ancillary sanctions:
a) Loss of fees;
b) Fine;
c) Publicity of the penalty;
d) Impediment to participation in the activities of the Order and the election for the
respect organs.
2-A application of any of the sanctions referred to in points b ), c ) and d ) of Article 76 (1)
to a member of the organ of the Order implies the resignation of the office.
3-A The ancillary sanction of the loss of fees consists in the return of the fees already
received with origin in the professional act object of the punishing infringement or, in the case of
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have not yet been paid, in the loss of the right to receive them, and only the sanction may be
applied cumulatively with the sanction of suspension up to five years.
4-A penalty of fine consists in the payment of an amount up to a maximum of 60 times
the monthly value of quotization, and must be paid within 30 days, from the
notification of the judgment in which it was determined.
5-A publicity of the sanction consists of the afixing of notice in health establishments, or
publication in media, national, regional or local media, of the
applied sanction.
6-The ancillary sanctions can be cumulated with each other.
7-In the application of the ancillary sanctions shall meet the criteria laid down in paragraph 1 of the
previous article.
Article 79.
Accumulation of infractions
Without prejudice to the provisions of this Statute as to the ancillary sanctions, it cannot
apply to the same Member of the Order more than a disciplinary sanction for each fact
punishable.
Article 80.
Suspension of sanctions
1-Taking into consideration the degree of guilt, the behavior of the accused and the rest
circumstances of the practice of the infraction, disciplinary sanctions lower than expulsion
may be suspended for a period of between one and five years.
2-Cessa the suspension of the penalty whenever, in respect of the Member of the punished Order,
be delivered order dispatch in new disciplinary proceedings.
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Article 81.
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 82.
Implementation of sanctions
1-Compete to the chairman of the regional governing council to give execution to the decisions
spoken at the headquarters of disciplinary proceedings, specifically, practice the necessary acts
to the effective suspension or to the cancellation of the inscription of the members of the Order to whom
are applied for the suspension and expulsion sanctions, respectively.
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 or in the regional section in which the accused has his /
professional domicile, in the applicable cases.
Article 83.
Start of production of effects of disciplinary sanctions
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 on which the decision becomes final, the enrollment 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.
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Article 84.
Deadline for payment of the fine
1-The fines imposed under the terms of the paragraph b ) of Article 78 (1) shall be paid in the
period of 30 days, counting from the beginning of production of effects of the sanction sanction.
2-To the Member of the Order who does not pay the fine within the time limit referred to in the preceding paragraph is
suspended its enrollment, upon deliberation of the plenary of the jurisdictional council,
which is communicated to you.
3-A suspension can only be lifted after payment of the importance in debt
Article 85.
Communication and advertising
1-A application of any of the penalties provided for in points c ) and d ) of Article 76 (1) is
communicated by the regional directional council to the employer, to the society of
professionals or associative organization on account of which the accused was providing services to the
date of facts.
2-A application of any of the penalties provided for in points c ) and d ) of Article 76 (1) is
communicated by the board to the competent authorities in another Member State
of the European Union or of the European Economic Area for the control of the activity of the
argued established in that same Member State.
Article 86.
Prescription of disciplinary sanctions
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Disciplinary penalties prescribe in the following deadlines, from the date on which the
decision has become unimpeachable:
a) Two years, those of warning and censorship written;
b) Five years, those of suspension and expulsion.
Article 87.
Conviction in criminal proceedings
1-Whenever in criminal proceedings the prohibition of exercise of the profession is imposed
for 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 this
entity, for the purpose of averaging in the respective disciplinary record.
SECTION IV
From the process
Article 88.
Compulsion
The application of a disciplinary sanction is always preceded by the finding of the facts and the
disciplinary liability in own process, in the terms provided for in the present
Status and the disciplinary regulation.
Article 89.
Forms of the process
1-A disciplinary action carries the following forms:
a) Process of enquiries;
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b) Disciplinary process.
2-The process of enquiries 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-Applies to the disciplinary process whenever there are indications that it is determined
member of the Order practiced properly realized facts, susceptible to constituting
disciplinary infraction.
4-After ascertaining the identity of the offender or as soon as they show minimally
concretized or clarified the participating facts, being they susceptible to constitute
disciplinary infraction, is proposed the immediate conversion of the process of enquiries into
disciplinary proceedings, upon appearing succinctly reasoned.
5-When participation is manifestly unviable or unfounded, it should the same be
liminally filed, giving fulfillment to the provisions of Article 73 (2).
Article 90.
Disciplinary procedure
1-The disciplinary procedure is regulated 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
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guarantees of defence, in the general terms of law.
Article 91.
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 qualified majority of two thirds of the members of the council plenary
jurisdictional
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 76 (1).
3-A preventive suspension may not exceed three months and is always discounted in the sanction
of suspension.
Article 92.
Secret nature of the process
1-The process is of a secret nature until the dispatch of prosecution or archiving.
2-The rapporteur may, however, 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 being 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.
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SECTION V
Of the guarantees
Article 93.
Recurrable deliberations
1-Of the deliberations taken in disciplinary matter rests with the plenary of the
jurisdictional advice, when it is this the disciplistically competent body.
2-Of the remaining deliberations 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-Decisions of mere expedient or relating to the discipline of work are not liable
of appeal in the terms of the previous figures.
Article 94.
Professional rehabilitation
The members of the Order to which the expulsion sanction has been applied, may be
subject to the rehabilitation process, as long as they check, cumulatively, the following
requirements:
a) Have elapsed 10 years on the date on which it became final the decision that
applied the sanction of expulsion;
b) The person concerned formalises request for rehabilitation to the chairman of the council
court;
c) The person concerned has revealed exemplary personal conduct, which must be
proven through the permissible means of proof in law;
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d) The jurisdictional council shall issue, after the course of the period set out in the a ),
opinion as to the personal and professional honorability and possibility of expelled
be subject to the rehabilitation process.
CHAPTER VI
From professional deontology
Article 95.
General arrangement
All the Nurses members of the Order have the rights and duties arising from the
present Staff Regulations and legislation in force, pursuant to the following articles.
Article 96.
Rights of members
1-Constituent rights of the effective members of the Order:
a) Exercising freely the profession, without any kind of limitations, other than the
arising from the deontological code, the current laws and the regulation of the
exercise of nursing;
b) Use the professional titles assigned to it;
c) Participate in the activities of the Order;
d) Intervene in the general and regional assemblies;
e) Consult the minutes of the assemblies;
f) Require the convening of general or regional assemblies;
g) Electing and being elected to the organs of the Order;
h) Use the services of the Order.
2-Constituent still rights of the effective members of the Order:
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a) Be heard in the drafting and application of the legislation on the profession;
b) Respect for their political, religious, ideological and philosophical convictions;
c) Enjoy working conditions that guarantee respect for the deontology of the
profession and by the right of citizens to quality nursing care;
d) The conditions of access to training for upgrading and improvement
professional;
e) The objection of conscience;
f) The information on aspets related to clinical diagnosis, treatment
and well-being of individuals, families and communities in their care;
g) Benefit from the editorial activity of the Order;
h) Complain and appeal of the deliberations of the organs of the Order contrary to the provisions
in this Statute, in the regulations and in the other applicable legislation;
i) Participate in the life of the Order, particularly in its working groups;
j) Request the intervention of the Order in the defence of your rights and interests
professionals, to guarantee their dignity and the quality of the services of
nursing.
3-Constituent rights of the honorary and corresponding members of the Order:
a) Participate in the activities of the Order;
b) Intervene, without a right to vote, at the general meeting and regional assemblies.
Article 97.
Duties in general
1-Effective members of the Order are required to:
a) Exercising the profession with the appropriate scientific and technical knowledge, with
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respect for life, human dignity and the health and well-being of the
population, adopting all measures that aim to improve the quality of the
care and nursing services;
b) Comply with and ensure compliance with the legislation relating to the exercise of
profession;
c) Store and ensure the nursing records carried out in the framework of the exercise
liberal professional, for the period of five years;
d) Compliance with the international conventions and recommendations that are to them
applicable and which have been, respectively, ratified or adopted by the organs
of competent sovereignty;
e) Exercise the posts so that they have been elected or appointed and comply with the
respects mandates;
f) To collaborate on all initiatives that are of interest and prestige for the profession;
g) Contribute to the digniation of the profession;
h) Participate in and collaborate in the pursuit of the purposes of the Order;
i) Comply with the emerging obligations of this Statute, of the deontological code and
other applicable legislation;
j) Communicate the facts that they have knowledge of and can commit to
dignity of the profession or the health of individuals or are susceptible to violating the
legal standards of the exercise of the profession;
k) Communicate the extravio of the professional ballot, within five working days;
l) Communicating the change and the new address of the professional domicile and residence
customary, within 30 working days;
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m) Pay the monthly quotization and the rates in force;
n) Attend professional qualification actions, to be promoted by the Order or by this
recognized, in the terms to be fixed in regulation of qualification.
2-The honorary and corresponding members of the Order are required to:
a) Comply with the provisions of this Statute and the established regulations
by the Order;
b) Participate in the pursuit of the purposes of the Order;
c) Contribute to the dignified nature of the Order and the profession;
d) To provide commissions and working groups for the collaboration that is requested to them.
Article 98.
Incompatibilities and impediments
1-The exercise of the nursery profession is incompatible with the title of the posts and the
exercise of the following activities:
a) A delegate of medical information and marketing of medical products or
partner or company manager with this activity;
b) Pharmacist, pharmacy technician or owner, partner or company manager
owner of pharmacy;
c) Owner, partner or manager of proprietary analytics laboratory
clinics, preparation of pharmaceutical products or technical equipment-
toilets;
d) Owner, partner or company manager of the owner of funeral agency;
e) Any others who, by law, are deemed to be incompatible with the exercise of
nursing.
2-It is incompatible with the title of member of the organs of the Order the exercise of:
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a) Any leadership roles in the Public Administration;
b) Leading posts in trade unions or nursing associations;
c) Any other function for which there is a manifest conflict of
interests.
3-Constitute exceptions to the provisions of the preceding paragraph, the management positions and direction of
nursing and leading positions in higher education institutions.
4-Members of the Order who are in a situation of incompatibility or of
impediment, in the terms of the preceding paragraphs, must apply for suspension of your
enrolment within a maximum of 30 days, from the date on which you check any
one of these situations.
5-Not being the facts communicated to the Order within 30 days, may the council
regional court to propose the suspension of enrollment.
Article 99.
General principles
1-Nursing interventions are carried out with the concern of the defence of the
freedom and dignity of the human person and the nurse practitioner.
2-Are universal values to be observed in the professional relationship:
a) The equality;
b) Responsible freedom, with the ability to choose, having in attention the good
common;
c) Truth and justice;
d) Altruism and solidarity;
e) Competence and professional outreach.
3-Are guiding principles of the activity of the nurses:
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a) The inherent responsibility for the role assumed before the society;
b) The respect for human rights in the relationship with the recipients of care;
c) The excellence of the exercise in the profession in general and in the relationship with others
professionals.
Article 100.
Of deontological duties in general
The nurse practitioner assumes the duty to:
a) Comply with the deontological standards and the laws governing the profession;
b) Take responsibility for the decisions you make and the acts you practise or delegate;
c) To protect and defend the human person from practices that contravene the law, ethics or the
quite common, not least when deprived of indispensable competence
professional;
d) Be sympathetic to the community, in a special way, in the event of a crisis or disaster,
acting always in accordance with your area of competence;
e) To ensure the permanent update of their knowledge, specifically
through the frequency of professional qualification actions.
Article 101.
From duty to the community
The nurse practitioner, being responsible to the community in promoting health and in the
appropriate response to the needs in nursing care, assumes the duty to:
a) Getting to know the needs of the population and the community in which it is
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professionally inserted;
b) Participate in community orientation in the search for solutions to the problems
of health detached;
c) Collaborate with other professionals in programs that respond to needs
of the community.
Article 102.
Of human values
The nurse practitioner, in his exercise, observes the human values by which to govern the
individual and the groups in which this one integrates and assumes the duty to:
a) Taking care of the person without any economic, social, political, ethnic discrimination,
ideological or religious;
b) Safeguarding the rights of children, protecting them from any form of abuse;
c) Safeguarding the rights of the elderly person by promoting their physical independence,
psychic and social and the self-adhesive, with the aim of improving its quality of
life;
d) Safeguarding the rights of the person with disabilities and actively collaborating in their
social reinsertion;
e) To refrain from judgements about the behaviour of the person and not to impose them on the
their own criteria and values within the framework of consciousness and philosophy of life;
f) Respect and make respect for the political, cultural, moral and religious choices of the
person and create conditions so that she can exercise, in these areas, her rights.
Article 103.
From rights to life and quality of life
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The nurse practitioner, in the respect of the right of the person to life throughout the vital cycle, takes over the
duty to:
a) Ascribe to the life of any person equal value, by which it protects and defends life
human in all circumstances;
b) To respect the biopsychosocial, cultural and spiritual integrity of the person;
c) Participate in professional efforts to cherish life and quality of life;
d) Refuse participation in any form of torture, cruel treatment, inhuman
or degrading.
Article 104.
From the right to care
The nurse practitioner, in the respect of the right to care in health or illness, assumes the duty to:
a) Coresponse yourself for the care of the individual in good time, in a way
there are no delays in the diagnosis of the disease and respect for treatment;
b) Guiding the individual to the appropriate health professional to respond to the
problem, when the application is not in your area of competence;
c) Respect and enable the individual the freedom of choice to be taken care of by another
nurse practitioner, when such an option is feasible and does not endanger your health;
d) Ensuring continuity of care by strictly registering the observations and the
interventions carried out;
e) Keep yourself at your job while not replaced, when your
absence to interfere with continuity of care.
Article 105.
Of the duty of information
In respect of the right to self-determination, the nurse practitioner assumes the duty to:
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a) To inform the individual and the family with regard to nursing care;
b) Respect, defend and promote the right of the person to informed consent;
c) Attend with responsibility and care all the request for information or
explanation made by the individual in nursing care;
d) Inform about the resources to which the person may have access, as well as on the
way to get them.
Article 106.
Of the duty of secrecy
1-The nurse practitioner is bound to keep professional secret about what he takes
knowledge in the exercise of your profession, assuming the duty of:
a) To consider confidential all the information about the target of care and the
family, whatever the source;
b) Sharing the relevant information only with those who are implicated in the plan
therapeutic, using as guiding criteria the well-being, physical safety,
emotional and social of the individual and family, as well as their rights;
c) Disseminate confidential information about the target of care and the family only in the
situations provided for in the law, and shall, to this end, resort to advice
deontological and legal;
d) Maintain the anonymity of the person whenever your case is used in situations of
teaching, research or monitoring of quality of care.
2-Cannot make proof in judgment the statements provided by the nurse practitioner in violation
of professional secrecy, ressalvated the provisions of Articles 135 of the Code of Procedure
Penal and 417. of the Code of Civil Procedure.
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3-The provisions of the following paragraph shall apply, with the necessary adaptations, to the declarations
provided by the nurse practitioner in violation of professional secrecy outside of judgement.
4-The nurse practitioner can only reveal facts about which to take notice in the
exercise of your profession after authorization from the president of the jurisdictional council, us
terms set out in the jurisdictional council regulation.
Article 107.
From respect for intimacy
Listening to the feelings of pudor and interiority inherent in the person, the nurse practitioner
assumes the duty of:
a) Respect the intimacy of the person and protect it from interference in your private life and
in that of your family;
b) Safeguarding always, in the exercise of their duties and in the supervision of tasks
that delegates, the privacy and intimacy of the person.
Article 108.
Of the respect for the person in end-of-life situation
The nurse practitioner, by accompanying the person in the different end-of-life steps, takes over the
duty to:
a) Defend and promote the right of the person to the choice of the place and the people who
wishes to accompany you in an end-of-life situation;
b) Respect and make respect for the manifestations of loss expressed by the person in
end-of-life situation, by the family or persons who are close to you;
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c) Respect and make respect for the body after death.
Article 109.
Of the excellence of the exercise
The nurse practitioner seeks, in the entire professional act, the excellence of the exercise, taking over the
duty to:
a) Regularly analyze the work effected and recognize possible failures that
deserve change in attitude;
b) Seeking to conform quality standards of care to concrete needs
of the person;
c) Keep the continuous update of your knowledge and use it in a way
competent the technologies, without forgetting the permanent and in-depth training
in the human sciences;
d) To ensure, by all means within their reach, the working conditions that
allow to exercise the profession with dignity and autonomy, by communicating, through
of the competent pathways, the deficiencies which prejudice the quality of care;
e) Ensure quality and ensure the continuity of care of activities that
delegating, taking responsibility for the same;
f) Abstain from performing duties under the influence of substances susceptible to produce
disturbance of physical or mental faculties.
Article 110.
From humanization of care
The nurse practitioner, being responsible for the humanization of nursing care, assumes
the duty to:
a) Give, when it provides care, attention to the person as a single whole,
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entered into a family and a community;
b) Contribute to creating the environment conducive to the development of the potentials
of the person.
Article 111.
From duties to the profession
Aware that their action is passed on throughout the profession, the nurse practitioner takes over the
duty to:
a) Maintain in the performance of your activities, in all circumstances, a
standard of personal conduct that dignifies the profession;
b) Be sympathetic to the other members of the profession in order to the elevation of the level
professional;
c) Proceed with correction and urbanity, abstaining from any personal criticism or
derogatory allusion to colleagues or other professionals;
d) Abstain from receiving benefits or gratuities in addition to the remuneration to which
have a right;
e) Decline participation in advertising activities of pharmaceutical products and
technical-sanitary equipment.
Article 112.
From duties to other professions
The nurse practitioner takes over, as a member of the health team, the duty to:
a) Acting responsibly in your area of competence and recognizing specificity
of the other health professions, respecting the limits imposed by the area of
competence of each;
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b) Working in articulation with the remaining health professionals;
c) To integrate the health team, in any service in which you work, collaborating, with
the responsibility it is on its own, in decisions on the promotion of health, the
prevention of disease, treatment and recovery, promoting the quality of the
services.
Article 113.
From the objection of conscience
1-The nurse practitioner, in the exercise of his / her right of conscientious objector, assumes the duty of:
a) Proceed under the internal regulations of the Order governing the
behaviors of the objector, so as not to prejudice the rights of the people;
b) Declare, in a timely manner, your quality of conscientit objector, so that
are assured, at the indispensable minimum, the care to be provided;
c) To respect the personal, philosophical, ideological or religious beliefs of the person and
of the other members of the health team.
2-The nurse practitioner shall not suffer any personal or professional injury by the exercise
of your right to the objection of conscience.
CHAPTER VII
Revenues, expenses and funds of the Order
Article 114.
Patrimonial and financial autonomy
The Order has both equity and financial autonomy.
Article 115.
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Revenue of the Order at the national level
They constitute revenue of the Order, at the national level:
a) The percentage of the product of the enrolment fees or other, set in assembly
general;
b) The percentage of the amount of the monthly contributions of its members, fixed
by the general meeting;
c) The product of the editorial activity;
d) The product of the provision of services and other activities;
e) The product of inheritances, legacies, donations and subsidies;
f) The sponsorships;
g) The fines;
h) The income of the goods that are affected to you;
i) The interest of deposit accounts;
j) Any other recipes that are assigned to you by law.
Article 116.
Revenue from regional sections
They constitute revenue from the regional sections:
a) The percentage of the product of the enrolment fees or other affective affection
regional section, set at the general meeting;
b) The percentage of the amount of the monthly contributions of the members of the Order
enrolled in respect of the regional section, fixed at the general meeting;
c) The product of the regional scope activities developed by the respected
services;
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d) The sponsorships regarding regional activities;
e) The income of the movable and immovable property of the Order affections to the regional section;
f) The interest on deposit accounts, affects to the regional section;
g) Any other recipes assigned to it by law or by deliberation of the
general assembly.
Article 117.
Expenses of the Order
They are expenses of the Order as relating to the installation, the personnel, the maintenance, the
operation and all the remaining necessary for the pursuit of its assignments.
Article 118.
Constitution of the reserve fund
1-It consists of a reserve fund, represented in cash deposited,
corresponding to 10% of the annual balance of the management accounts.
2-The reserve fund is intended to cope with extraordinary expenses.
Article 119.
Termination of accounts
The accounts of the Order are closed on December 31 each year.
Article 120.
Collection of revenue
The collection of claims resulting from non-payment of quotization and fees
arising from provision of services, follows the legal regime of the process of execution
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tax.
CHAPTER VIII
One-stop shop and transparency of information
Article 121.
One-stop shop
1-All requests, communications and notifications between the Order and professionals,
companies of nurses or other associative organizations of professionals, with
exception of those relating to disciplinary procedures, are carried out by means
electro-electron, through the single electrogenic 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,
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-It is still applicable to the procedures referred to in this Article, the provisions of the provisions of the
d ) and and ) of Article 5 and in Article 7 (1) of the Decree-Law No. 92/2010 of July 26.
Article 122.
Information on the Internet
In addition to the other information provided for in Article 23 of Law No 2/2013 of January 10,
and of the information referred to in Article 6 (3) of the Decree-Law No 92/2010 of July 26,
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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 society
of information, in particular of the electronical trade, in the domestic market, the Order shall
make available to the general public by means of their electro-website on the Internet, the following
information:
a) Regime of access and exercise of the profession;
b) Principles and deontological rules and technical standards applicable to its members;
c) Procedure for filing a complaint or complaints by the recipients
concerning the services provided by professionals in the context of their
activity;
d) Offers of employment in the Order.
e) Updated registration 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
no 9/2009 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;
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iii) The situation of suspension or temporary interdiction of the exercise of the activity,
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 quality.
CHAPTER IX
Final provisions
Article 123.
Administrative tutelage
The powers of administrative tutelage on the Order of Nursing, pursuant to the article
45. of Law No. 2/2013 of January 10 and of this Statute shall be exercised by the
member of the Government responsible for the area of health.
Article 124.
Judicial control
The legitimacy of jurisdiction in the plan of legality, in the framework of the exercise of powers
public of the Order is regulated pursuant to Articles 46 and 47 of Law No 2/2013 of 10
of January.
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ANNEX II
(referred to in Article 5)
Republication of the Decree-Law No. 104/98 of April 21
