Key Benefits:
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Proposal for Law No 296 /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 Law.
By this Law proceeds to the adequacy of the Statute of the Order of Biologists, approved
by Decree-Law No. 183/98 of July 4, to the scheme provided for in Law No. 2/2013, 10 of
January, which in essence translates the maintenance of the already existing statutory provisions
with the amendments arising from the application of the said law.
It was heard the Order of Biologists.
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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 makes the first amendment to the Decree-Law No. 183/98 of July 4, which
has created the Order of Biologists and approved its Statute, in the sense of matching it to the Law
n ° 2/2013 of January 10 establishing the legal regime for creation, organisation and
operation of the professional public associations.
Article 2.
Amendment to the Statute of the Order of the Order of Biologists
The Statute of the Order of the Order of Biologists, adopted in annex to the Decree-Law
n ° 183/98 of July 4, it shall have the constant wording of Annex I to this Law and of which
is an integral part.
Article 3.
Transitional provisions
1-A This Law does not affect the current composition of the organs of the Order of Biologists and the
mandates in progress on the date of their entry into force with the duration initially
defined.
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2-Keep in place all the regulations emanating from the Order of Biologists to the
date of entry into force of those who, by virtue of this legal framework, the
come to replace, with due adaptations and to the extent that they do not contravenes the
provisions of Law No 2/2013 of January 10 and in the Statute adopted by this Law.
3-The regulations emanating by the Order of Biologists that contravenes the provisions of the Act
n ° 2/2013 of January 10, or in the Statute approved by this Law, shall be
object of change within 120 days, from the date of the entry into force of the
present law, under penalty of expiry of the provisions affected by the incompatibility.
Article 4.
Abrogation standard
Articles 2 to 4 of the Decree-Law No. 183/98 of July 4 are repealed.
Article 5.
Republication
It is republished in Annex II to this Law and of which it is an integral part, the Decree-Law
n. 183/98, of July 4, with the current essay.
Article 6.
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Entry into force
This Law shall come into force 30 days after its publication.
Seen and approved in Council of Ministers of March 12, 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 BIOLOGISTS
CHAPTER I
General provisions
Article 1.
Legal nature
1-A Order of the Biologists, abbreviately designated by Order, is the public association
professional of the exercise of the profession of biologist, with title conferred by the Order, in the
terms of this Statute.
2-A Order is a collective person of public law and is subject to a rule of law
public in the performance of their public tasks.
3-A Order has legal personality and enjoys administrative, financial and administrative autonomy
patrimonial.
Article 2.
Scope and headquarters
1-The attributions of the Order respect the entire national territory.
2-A Order is based in Lisbon.
3-A Order comprises the following regional structures, called delegations:
a) Regional delegation of the North, comprising the areas corresponding to the
Districts of Aveiro, Braga, Bragança, White Castle, Coimbra, Guard, Leiria,
Port, Viana of the Castle and Viseu;
b) Regional delegation of the South, comprising the areas corresponding to the
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Districts of Beja, Évora, Faro, Lisbon, Portalegre, Santarém and Setúbal;
c) Regional delegation of the Azores, comprising the corresponding areas the
concelhos of the Autonomous Region of the Azores;
d) Regional delegation of Madeira, comprising the corresponding areas the
concelhos of the Autonomous Region of Madeira.
Article 3.
Purposes and attributions
1-A Order has for the purpose of ensuring the defence and promotion of the profession of biologist, the
improvement and the progress of Biology in the scientific, pedagogical, technical and
professional, the safeguarding of the deontological principles that northeorate the profession of
biologist and the protection of the professional interests of its members and the interests
public related to the professional provision of biologists.
2-Are assignments of the Order, in general, those set out in Article 5 of Law No 2/2013, of
January 10, by incumbent on him, in particular:
a) Promoting the development and well-being of society through the
safeguarding of the appropriate exercise of the biologist profession, namely
with respect to the quality of life and the environment;
b) Represent biologists before any public or private entities,
national or foreign;
c) To ensure the appropriate professional habilitation of biologists, by their function
social, dignity and prestige and for the respect of the deontological principles of the
profession;
d) Admit and regulate the enrolment of biologists, as well as grant in
exclusive the professional title and the titles of expert in
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environment, biotechnology, education, clinical analyses, human genetics,
embryology and human reproduction and forensic biology;
e) Making respect for principles and rules of ontological and exercising power
discipline on all national and foreign biologists who exercise the
profession in national territory;
f) Collaborate with the institutions responsible for the teaching of Biology, and issue
opinion, whenever requested, on the respective course plans;
g) Regulate the profession through the adoption of the necessary measures to the appropriate
professional exercise;
h) Issue opinion on the projects of legislative diplomas related to the
your attributions;
i) Fostering harmony, collaboration and solidarity among biologists, by the
promotion of contact and exchange of information between them, through
encounters, meetings and publications;
j) Carry out training and information actions that aim at the definition, promotion
and development of the professional activity of biologists, of their role in the
society, from teaching and training in Biology or from any aspeto in the
field of biological sciences;
k) To promote and maintain relationships between Portuguese and foreign biologists and between
the Order and the equivalent institutions of other countries, inter alia
through its affiliation in any organizations related to Biology
or the profession of biologist;
l) To intervene publicly in matters and events of national order or
international relating to biologists and Biology.
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Article 4.
Insignia
The Order is entitled to adopt and to use symbol, standart and own seal, as per
model approved in general assembly, on a proposal from the board of directors.
Article 5.
Cooperation
1-A Order may constitute associations of private law and other forms of cooperation
with related entities, national or foreign, especially within the framework of the Union
European, the European Economic Area and the Community of Countries of Language
Portuguese.
2-For the better performance of its assignments, the Order may establish agreements of
cooperation with other public or private entities, national or foreign,
re-salvaged the entities of a union or political nature.
3-A Order must provide and request for professional public associations or authorities
competent administrative of the other Member States of the European Union and of the
European Economic Area and the European Commission mutual assistance and take the
measures necessary to cooperate effectively, within the framework of the relative procedures
to providers of services from other Member States, pursuant to
articles 26 to 29 of the Decree-Law No 92/2010 of July 26 and Article 51 (2)
of Law No. 9/2009 of March 4, amended by the Laws 41/2012 of August 28, and
25/2014, of May 2, notably through the Market Information System
Internal.
4-In relation to the recognition of professional qualifications, the Order exercises the
competences provided for in Article 47 (9) and in Article 51 (2) of the Law
no 9/2009 of March 4, as amended by Laws No 41/2012 of August 28, and 25/2014,
of May 2.
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Article 6.
Capacity and representation
1-A Order enjoys legal and judicial capacity for the practice of all acts
legal, the enjoyment of all rights and the subjection to all the obligations necessary to
pursuit of respect for purposes and assignments, without prejudice to the established limitations
in the following number in criminal proceedings.
2-A Order may constitute an assistant in the criminal proceedings, for the defence of rights or
interests of the exercise of the activity of biology, as well as its members, in all
the cases related to the exercise of the profession or the exercise of the posts in the
your organs, save when dealing with facts that involve disciplinary liability.
3-A Order is represented, in judgment and outside of it, by the bastonary or by the presidents of the
regional councils, when it comes to acts of the responsibility of the respects
delegations.
4-In the event of impossibility, the bastonary or the chairpersons of the regional councils,
may delegate their representation to one of the members of the national or regional direction,
respects.
CHAPTER II
Members
Article 7.
Species of members
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The Order has effective members, graduates, students, honorariums and associates.
Article 8.
Effective members
1-Can be effective members of the Order those who exercise their profession in
Portugal and which fulfil, cumulatively, the following requirements:
a) Be a holder of the academic degree of licentiate, master or doctor in the field of
biological sciences conferred on the cycle sequence of studies whose content in the
area of life sciences is not less than half of the total time of
training and to cover several of the levels of organization of living matter;
b) Be a holder of a foreign higher academic degree in the field of sciences
biological conferred on the cycle sequence of studies whose content satisfies the
requirements set out in the preceding paragraph and to which equivalence has been conferred
to one of the degrees to which the same is referred to or which has been recognized with the
level of these;
c) Academic training and professional experience of full duration not less than
six years; and
d) Professional experience as a biologist of duration not less than one year.
2-Can still register as effective members, the biologists ' societies and the
associative organizations of professionals from other Member States in the terms of the
present Statute.
Article 9.
Graduated members
They may be graduated members of the Order the Portuguese or the foreigners who se
they propose to exercise in Portugal the profession of biologist and fulfil the expected requirements
in the paragraph a ) of paragraph 1 of the preceding Article, but not the requirements of the sub-article b ) and c ) of the same
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number.
Article 10.
Right of establishment
1-The recognition of professional qualifications of national Member State of the
European Union or the European Economic Area obtained outside Portugal, for your
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
which act as a manager or administrator in the Member State of origin, in the framework of
associative organization of professionals, noted the provisions of Article 37 (4) of the
Law No. 2/2013 of January 10, shall identify the organization concerned in the application
presented in accordance with Article 47 of Law No. 9/2009 of March 4, amended by the
Laws No 41/2012, of August 28, and 25/2014, of May 2.
3-In case the fact to be communicated in the terms of the preceding paragraph occurs after the submission
of the application for recognition of qualifications, shall the associative organization in question
be identified before the Order, within a maximum of 60 days.
Article 11.
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 biologist regulated by this Statute may exercise them, from
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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
biologist and are equated with biologists, for all legal effects, except when the
contrary to the provisions in question.
The professional who will pay services, in a subordinate or autonomous manner or in quality
of a partner or who atue as a manager or administrator in the Member State of origin, in the
scope of associative organization of professionals and intend to exercise their activity
professional in national territory in that capacity, in regime of free provision of
services, must identify before the Order the associative organization, on account of which
provides services, in the declaration referred to in Article 5 of Law No 9/2009 of March 4,
amended by Laws No 41/2012 of August 28, and 25/2014, of May 2.
Article 12.
Professional civil liability
1-The biologist with enrollment in force is bound to ensure civil liability
emergent from the exercise of the professional activity professional activity, upon subscription of
insurance of civil liability appropriate to the nature and size of the risk, or
provision of guarantee or equivalent instrument, when required by law for the
concretely developed activity.
2-Without prejudice to the provisions of the preceding paragraph, the biologist established in another State-
Member of the European Union or of the European Economic Area shall not be subject to
obligation to subscribe to professional civil liability insurance by the activity
developed in national territory, should the same have such activity, total or
partially, covered by insurance, warranty or equivalent instrument subscribed or
provided in the Member State where it is established.
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3-In case the insurance, guarantee or equivalent instrument, subscribed in another State-
Member, partially cover the risks arising from the activity, must the provider of
services complement it in such a way as to cover uncovered risks.
Article 13.
Student members
They may be members students of the Order, the Portuguese or foreigners who
attend, at a Portuguese institution of higher education, a graduate course in the
terms set out in the paragraph a ) of Article 8 (1).
Article 14.
Associated members
1-Can be associate members of the Order as national or foreign collective persons
who possess in their permanent cadres biologists and whose activity promotes the
exercise of the biologist profession, as well as the progress of the biological sciences in the
scientific, pedagogical, technical or professional domains.
2-Can still be members associated with national collective people whose social capital
is held majority-by biologists and in whose activity it includes the provision of
services in the professional area of the life sciences.
Article 15.
Honorary members
They may be honorary members of the Order the natural or collective persons, national or
foreign, to whom this quality is attributed, depending on the relevant contribution to the
development of Biology or the profession of biologist.
Article 16.
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Inscription
1-On enrollment as an effective member, graduate or associate corresponds to the issuance of,
respect, professional ballot, provisional professional ballot, or member ballot
associate.
2-It is up to the general assembly of the decisions of the board of directors to refuse the
inscription.
3-A The appointment of honorary members shall be subject to approval by the general meeting,
upon reasoned proposal of the board of directors and opinion favorable of the board
national.
4-The graduating members who come to obtain the qualifications required for enrollment
as effective members must apply for the category change to the board of directors,
producing proof of these qualifications.
5-Student members who complete their graduation and those who leave the
studies without completing graduation should report such circumstances to the board
directive for the purposes of, respectively, requiring the change of category or the loss
of the quality of member.
Article 17.
Cancellation and suspension of enrollment
1-The cancellation of the inscription on the Order of a member takes place at the request of the
interested.
2-It is suspended the inscription on the Order in the following situations:
a) At the request of the person concerned;
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b) To the members to which the disciplinary penalty of suspension has been applied;
c) When to check a mismatch situation.
Article 18.
Rights of biologists
They constitute rights of biologists:
a) To exercise your profession in any region of the national territory;
b) Apply for the issuance of professional ballot or other supporting documents
of his habilitation for the exercise of the biologist profession;
c) Participate in the election of the members of the organs of the Order under the terms of the
this Statute;
d) Be elected to member of the organs of the Order, in the terms of the present
Statute;
e) Benefit from all services and perks provided by the Order and be informed
of the activity developed by the same;
f) Participate in the activities of the Order;
g) Request the intervention of the Order in the defence of your rights and interests
professionals;
h) Complain and appeal of the deliberations and decisions of the organs of the Order.
CHAPTER III
Professional deontology
Article 19.
General principles
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1-The biologist owes respect to life, in all its forms, and must be committed to the
development and welfare of society, particularly with regard to influence
of their professional activity in the quality of life, the environment and safety.
2-In the performance of your professional activity the biologist must use the maximum
responsibility, dedication and spirit of cooperation, demonstrate interest in the
matters relating to the profession, to ensure that the disclosure of such matters is
correct and effective and face the continuous improvement of your profession as a
indispensable tool for the professional exercise.
3-The biologist must never renounce his / her freedom and professional independence, nor
let your technical, scientific or pedagogical activity be guided by points of
seen or goals eluded to their profession and should, in the exercise of this, support themselves
constantly in their scientific knowledge, in the deontology and in the respect of the
collective and individual rights.
4-The biologist is subject to duties and obligations towards the society, the Order, the users
of its services and to the other biologists.
5-The deontological rules of biologists are object of development by the code
deontological of the biologist, to be approved by the general assembly, upon proposal of the
professional and deontological advice.
Article 20.
Deontological duties towards the society
1-Without prejudice to the deontological code of the biologist, of harmony with the same,
constitute the duties of the biologist to the society:
a) Keep your scientific and technical knowledge permanent and
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strikingly updated, tracking the constant development of the
Biology;
b) Actively intervene in the social sectors for which it is directly relevant to
your specific professional activity;
c) Exert all scientific research activity with the utmost sense of
liability;
d) Being mindful of the protection and well-being of experimental animals, pondering the
number of individuals involved, the relevance of the goals to be achieved, the
suffering involved and the existence of alternatives, and ensure proper conditions
of the use of experimental animals;
e) Have an active role in the correct and ethical application of scientific and technical advances
of their area of specialty and in the advice of decision makers with
responsibilities in the regulation of subjects of their specific knowledge;
f) To ensure that scientific and technical advances contribute to an improvement of the
quality of life and respect the balance of living beings with the environment and
remain committed to the preservation of biodiversity in greater certainty
through the sustainable use of natural resources;
g) Require that the application of new technologies on living beings and the environment be
preceded by in-depth and judicious evaluation and is compatible with the
integrity and balance of the same, refusing it in otherwise;
h) To respect the evolution and individuality of living beings, in particular face to
intentional alteration of genotype or its expression, making it preceder of
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appropriate debate, research and scientific and ethical assessment;
i) Be prudent and exact in the transmission of scientific results and knowledge,
not distorting ever the same;
j) Store and make guarding the professional secret.
2-The professional secret referred to in point j ) from the previous number covers everything
what the biologist may be aware of by reason of his activity
professional or job performance in the Order and whose disclosure may be
potentially lesive of third parties and only basket when:
a) The law shall impose it or the person concerned expressly authorizes it;
b) Professional and deontological council recognize that the defence of dignity,
rights and interests and professional deontology impose it.
Article 21.
Duties to the Order
They are the duties of the biologist to the Order:
a) Contribute by the forms in their reach to the prestige of the Order and to the
independence, dignity and good reputation of the profession of biologist;
b) Comply with and enforce the rules laid down in this Statute, in the Code
deontological of the biologist and in any other regulations of the Order;
c) Respect the organs of the Order and comply with the decisions and deliberations thereof;
d) Perform with dedication the posts of the Order to get it elected or
designated, collaborating in the pursuit of their assignments;
e) Participate whenever possible at the general and regional assemblies, as well as in the
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various initiatives of the Order;
f) Regularly pay the quotas and other values due to the Order;
g) Communicate, within a maximum of 30 working days, the changes of domicile or
any other relevant change relating to your working life.
Article 22.
Reciprocal duties of biologists
Without prejudice to the biologist's deontological code, they constitute the duties of biologists in the
their reciprocal relations:
a) Maintain relations of cordiality, making the divergence of opinions a source of
professional progress, by mutual knowledge of the fundamentals of opinion
alheia;
b) Face the professional conflicts with loyalty and correction, in the cabal respect of
reputation of each biologist;
c) Be sympathetic to any colleague unjustly offended in your activity,
dignity or professional image;
d) Do not prejudice the professional rights of colleagues, not accepting activities
professionals assigned to another biologist, nor incrementing their own
activity, where this involves unfair and unlawful competition;
e) Do not misappropriate data or results of the alheia activity;
f) To ensure the fair remuneration of the biologists I get to collaborate with;
g) Promote the upgrading, development and outreach of own and the rest
biologists, in the scientific and technical area of their main formation.
CHAPTER IV
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Organization
SECTION I
General provisions
Article 23.
Organs
They are organs of the Order:
a) The general meeting;
b) The national council;
c) The professional and deontological council;
d) The board of directors;
e) The bastonary;
f) The tax council;
g) The regional assemblies;
h) The regional councils;
i) The specialty colleges of human biology and health, environment, biotechnology
and education and the respective directorates.
Article 24.
Conditions of eligibility
1-Can only be elected to organs of the Order the effective members, or honorariums that
have been effective, with the enrollment in force and in the full exercise of their rights.
2-Can only be elected for the post of bastonarium the biologists with, for up to less, 10
years of professional exercise.
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3-The exercise of the executive, disciplinary and supervisory functions in organs of the Order is
incompatible with each other.
4-No member can be elected for the simultaneous exercise of two positions in organs
of the Order, in the same term, except for positions in the directions of the colleges of
specialty.
Article 25.
Duration of the mandates
The mandates for the organs of the Order have the duration of four years and they can only be
renovated for once.
Article 26.
Submission of applications
1-A Election for the organs of the Order depends on the submission of applications to the
chair of the table of the general assembly.
2-The deadline for submission of applications, which are individualized for each
organ, ends on November 30 of the year immediately preceding the beginning of the quadriennium
subsequent.
3-Applications are subscribed for by a minimum of 50 or 20 biologists with enrollment in
vigour, respectively, in the case of applications for national or regional bodies.
4-The applications must contain the identification of the underwriter biologists and the
candidates, the nomination of the candidates for each organ and the respective program of action.
Article 27.
Date of elections
The elections for the organs of the Order are held, by the end of the month of March, at the meeting
ordinary meeting of the general meeting of the year to which they relate.
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Article 28.
Electoral commission
1-With the marking of the date of the elections is designated an electoral commission, with the
following members:
a) The chairman of the table of the general assembly, who chairs;
b) A representative of the board of directors;
c) A representative of each of the competing lists.
2-The electoral commission competes:
a) Confirm the correction of the enrolled files and send affix the notebooks
election;
b) Appreciate complaints about the electoral notebooks;
c) Check the regularity of applications;
d) To promote the surveillance of the electoral process;
e) Decide on complaints in the electoral process.
3-Of the acts of the electoral commission is up to appeal to the national council.
Article 29.
General election assembly
1-A General assembly election works on voting sections, one in each delegation
regional.
2-A convocation of the general election meeting fixed the time and period of operation
of the voting sections.
Article 30.
Right to vote
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1-Only have the right to vote the effective members, or fees that have been effective, the
individual title, with the enrollment in force and in the full exercise of their rights.
2-The vote is secret, and may be exercised personally, by correspondence or by way
electro.
Article 31.
Resignation and suspension of mandate
By reason of force majeany duly substantiated, may any member of organ
of the Order to ask the national council for acceptance of its resignation or suspension of the
term of office for a period of never more than six months.
Article 32.
Expiry of the mandate
The mandate of any member of an organ of the Order shall lapse when it becomes final to
decision handed down in disciplinary proceedings to determine the application of higher sanction to the
of warning.
Article 33.
Replacement
1-In case of resignation or expiry of the term of office of the president of organ of the Order shall
the governing body, at the subsequent ordinary meeting, elects from among its members
a new president.
2-In the case of resignation or expiry of the term of office by disciplinary grounds, illness or
death, from another member of organ of the Order, the respected organ elects a new
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member.
3-In the cases provided for in the preceding paragraphs, substitutes carry out duties until the
term of the mandate of the predecessor's predecessor.
SECTION II
General assembly
Article 34.
Composition and competences
1-A General assembly is composed of all effective members with the inscription on
vigour and in the full exercise of their rights.
2-Compete to the general assembly:
a) Electing and impeding the respected table, the bastonary, the board of directors and the board
tax;
b) Scrutinizing the action of the remaining organs of the Order;
c) To deliberate on proposed amendments to this Statute and to approve or amend
internal regulations and ensure that it is complied with;
d) Set and review the amount of quotas and emission rates or renewal of the
professional ballots;
e) Appreciate the reports of activities and accounts presented by the board
directive relative to the finite year;
f) Appreciate the action program and the budget presented by the board of the board
for the current year;
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g) Appreciate proposals for appointment of honorary members, presented by the
directional board and accompanied by opinion of the national council;
h) Judging the resources of the deliberations of other organs of the Order that are
gifts;
i) Deliberating on proposals for the creation of specialty colleges;
j) Deliberating on all matters that do not come into being in the competence of others
organs of the Order and that these decide to submit it;
k) To review and approve the biologist's deontological code;
l) Approve the regiment respect.
Article 35.
Table
1-A The table of the general meeting consists of a president, two vice-presidents and two
secretaries.
2-Compete at the table convene the meetings of the general meeting, drive and guide your
work and give possession to those elected to the posts of the Order.
Article 36.
Ordinary meetings
1-A General assembly meets ordinarily for consideration of the report and accounts of the year
findo, for appreciation of the program and budget for the current year, as well as for
election of the bastonary, from the table of the general assembly, the board of directors and the council
tax, in the years in which this should occur.
2-A General assembly meets in ordinary session once a year, before the end of the month of
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March.
Article 37.
Extraordinary meetings
1-A General assembly meets extraordinarily whenever it is necessary to exercise the
your competences.
2-The extraordinary sessions are convened by the table of the general assembly, by its
own initiative, or at the request of the directional council, the national council, the council
tax or a minimum of 10% of biologists with enrollment in force and in full use
of your rights.
Article 38.
Convocation
1-General meeting meetings are convened by the president of the respective bureau by
means of general disclosure with a minimum advance of 30 days in relation to the date
assigned to the meeting.
2-From the convocation appears the order of proceedings, the ordinary or extraordinary character of the
meeting and the location, date and time of your achievement.
3-In the case of general assembly for election of the national bodies of the Order, the bulletins of
vote for eventual match vote should be sent with the
convenor to all members, to which the time of operation of the sections shall be fixed
of voting.
Article 39.
Voting
1-Is allowed the vote by proxy passed in favor of member with the enrollment in
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vigour.
2-A proxy appears in a letter addressed to the table of the general assembly, with signature of the
mandant and accompanied by photocopy of the respected identity card, in which if
clearly expresse the name of the member who exercises the representation.
3-Each member present to the general assembly shall not be able to exercise representation of more than
five missing members.
4-The deliberations of the general meeting shall be taken by an absolute majority of the votes
validly expressed.
SECTION III
National Council
Article 40.
Composition
1-The national council is the advisory body of the Order and is constituted by the bastonary,
by the chairman of the table of the general assembly, by the chairman of the tax council, by the
presidents of regional councils, by former bastonaries and by three members
elected in general assembly.
2-The national council is chaired by the bastonary and elects, from among its members, a
vice-president and a secretary at the first meeting of each term.
Article 41.
Competence
It competes with the national council:
a) Issue opinion on any subject matter regarding which it is consulted by the
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other organs of the Order and, in particular, on the assignment of the title of
honorary member;
b) Judging the resources of the deliberations of the professional and the deontological council, of the
directional board and the acts of the electoral commission;
c) Deliberating on the requests for escusa, resignation or temporary suspension of
members of the organs of the Order;
d) Advising the board of directors on actions, measures and issues it considers from
interest to the Order;
e) Request to the table of the general meeting the convening of extraordinary meeting,
whenever you understand it necessary;
f) Approve the regiment respect;
g) Exercising the remaining powers that are committed to it by this Statute and
regulations of the Order.
SECTION IV
Professional and deontological council
Article 42.
Composition
The professional and deontological council is the body of jurisdiction of the Order and is constituted
by seven effective members elected by the general assembly.
Article 43.
Competencies
It is incumbent on the professional and deontological council:
a) Exercising the disciplinary power over the members of the Orders;
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b) Issue opinion on professional and deontological issues on which it is
consulted by other organs of the Order;
c) To address conflicts that may exist within the Order;
d) To propose to the general meeting the regulation of discipline;
e) Elaborate and approve the regiment respect;
f) Exercise the remaining skills assigned to it by this Statute
and by the regulations of the Order.
SECTION V
Board of directors
Article 44.
Composition and competence
1-The board of directors is composed of the bastonary, who presides, a vice president, a
treasurer, a general secretary and for five to seven vowels, elected in general assembly.
2-Compete to the board of directors:
a) Drive and administer the Order;
b) Managing and managing the heritage of the Order;
c) Comply with and enforce the determinations of this Statute, as well as the
deliberations of the general meeting;
d) Define and officially issue the position of the Order on any subjects
pertinent to Biology, biologists, or the objectives of the Order;
e) Issue opinion on legislative or regulatory diploma projects that
be pertinent to the profession of biologist and propose the changes you understand
convenient;
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f) Elaborate and submit to the assessment of the general meeting the report of activities and of
accounts, as well as the budget and plan of activities;
g) Decide on the affiliation of the Order in federations, confederations or any
other bodies, national or foreign, and appoint the representatives of the
Order in the same;
h) Deliberating on applications for enrollment in the Order and issuing the ballots ' respects
professionals;
i) To collect and raise the revenue of the Order and to authorize the expenses;
j) Admit or dismiss employees of the Order, setting the frame, maturity and
functions of these;
k) To propose to the general meeting the value of quotas, fees or charges to be paid and bear
by the members of the Order;
l) To propose to the general meeting the award of the title of honorary member;
m) Homologation of the standards and requirements necessary for obtaining the titles of
specialty and the composition of national juries of specialty exams, under
proposal of the specialty colleges;
n) To ensure the regular publication of the informative body of the Order, as well as
appoint and exonerate the director's respect;
o) Appoint commissions, sections or working groups, consisting of members of the
Order by assigning them to their respective functions;
p) Organizing services and activities of professional, scientific, cultural, technical character,
pedagogical or assistential, for the benefit of the members of the Order;
q) Organizing the internal referendums;
r) Carry out all the remaining normal acts of administration of the Order and exercise the
too much competences that the laws ascribe to it;
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s) Approve the regiment respect.
Article 45.
Meetings
1-Unless extraordinary convocation by its president, the board of directors meets with the
periodicity defined in the first direction meeting, after the taking of possession of its
social organs.
2-Can attend the meetings of the board of directors, as observers or
aides, without the right to vote, the people who the same understand convenient.
3-Can always attend the board meetings directives any board member
tax, with no right to vote.
SECTION VI
Bastonary
Article 46.
Definition and competence
1-The bastonary is the President of the Order and, by inherence, of the national council and of the
directional board.
2-Compete to the bastonary:
a) Represent the Order, in judgement and outside it;
b) Convene, open, shut down and chair the meetings at the national congress, at the
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national council and the board of directors;
c) Decide, with your vote of quality, the draws in the votes;
d) Coordinate the performances of the members of the board of directors, without prejudice to the
competencies and responsibilities of each of these;
e) Participate, whenever you understand it, at any meeting of another organ of the Order,
saved in the professional and deontological council, only having the right to vote in the
general assembly and in the national and directional boards.
SECTION VI
Tax advice
Article 47.
Composition and competence
1-The tax council is composed of a President, a Vice-President and a Secretary,
elected directly in general assembly.
2-The tax council further integrates an official reviewer of accounts, designated by the members
elected, without a right to vote, with the exception of what respect the matter provided for in the paragraph b )
of the following number.
3-Compete to the tax council:
a) Examining the writing and accounting of the Order, either nationally or
regional;
b) Issue opinion on annual reports, accounts and budgets presented by the
directional council and regional councils;
c) Present to the board, the regional councils and the general meeting the
proposals that understand appropriate to improve the financial situation and
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patrimonial of the Order;
d) Issue the opinions requested by you by any other body of the
Order;
e) Request to the table of the general meeting the convening of extraordinary meeting,
whenever you understand it necessary;
f) Approve the internal regiment regiment.
Article 48.
Meetings
Unless extraordinary convocation by its chairman, the tax council meets once a
year.
SECTION VII
Regional assemblies
Article 49.
Composition and competence
1-In each regional delegation of the order works a regional assembly, constituted
by all members enrolled by the respective region.
2-Compete to regional assemblies:
a) Electing the respective table and the regional council;
b) Approve the budget, the report and the accounts of the respective delegation;
c) Appreciate the activity of the respected regional council and introduce you to the motions and
recommendations that understand convenient;
d) Present the proposals of professional and associative character that understand
convenient to the national bodies of the Order;
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e) Deliberating on the subjects presented to them by the regional council
or by the board of directors.
Article 50.
Tables
The desks of the regional assemblies consist of a president, a vice president
and a secretary, elected directly by the regional assembly.
Article 51.
Health
1-Regional assemblies convene, ordinarily, for the election of the respective table and the
regional council and for consideration of the report, the accounts, the budget and the plan of
activities of the respective delegation.
2-A convocation and operation of the regional assemblies follow, with due
adaptations, the scheme established for the general assembly.
SECTION VIII
Regional councils
Article 52.
Composition and operation
1-In each regional delegation works a regional council, composed of a
president, two vice presidents, one treasurer, one secretary and a minimum of two
vowels, elected directly in general assembly.
2-Compete to regional councils:
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a) Represent the regional delegation;
b) Continue, at the regional level, the objectives of the Order, promote initiatives
dynamics of the functions and activities of the Order in the region and collaborate with the
too many organs of the Order;
c) Making the Order present with the authorities and regional entities, with them
maintaining collaboration in the pursuit of the objectives of the Order;
d) To manage and administer the regional delegation and heritage to it affection;
e) By the end of the month of February each year draw up the report and accounts of the
delegation, as well as the budget and plans of annual activities, and submit them
the approval of the regional assemblies;
f) Instruct the enrollment processes in the Order and remetallize them to the board of directors,
for deliberation, accompanied by opinion;
g) To maintain and update the registration of the members of the Order affected to the regional delegation;
h) Issuing the opinions requested by the other bodies of the Order;
i) To develop the remaining actions necessary for the pursuit of the tasks of the Order
in the region's respect;
j) Approve the regiment respect.
Article 53.
Meetings
The regional councils meet, with the necessary adaptations, in the terms provided for in the
article 36.
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SECTION IX
Of the specialty colleges
Article 54.
Definition, structure and headings
1-It is considered "specialty in biology", the area of activity in biology that has
technical and scientific characteristics of its own, develop and employ methodologies
specific and be scientific, social and economically relevant.
2-The areas of activity referred to in the preceding paragraph organize by affinity in the
specialty colleges of human biology and health, environment, biotechnology and
education, which are aimed at the valorisation of knowledge and exercise
professional, in the area of corresponding biology, seeking to reach the highest
levels of service provision by its members, promoting social function, the
dignity and the prestige of the profession.
3-A attribution of the titles of "expert" falls to the Order and obliges the biologist to the
compliance with the conditions laid down in the respect of the Regulation.
4-A The assignment of the expert title depends on the application of the biologist enrolled in the
college, being subject to the proving of the professional experience in the area and the
approval in examination carried out by the Order, or curriculum evaluation, pursuant to the
this Statute and of the Regulation on the allocation of each title.
5-A Quality of member of the college does not differentiate the biologist from the biologists ' biologists
enrolled in each college, particularly as to the possibility of, in exclusive,
practise any act of the profession, even if you are bestoed the qualification of
specialist.
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6-A mode of constitution and operation of the colleges of specialty is defined by
internal regulation.
Article 55.
Composition
1-The specialty colleges consist of all biologists with enrollment in
vigour, which have been carrying out professional activity for at least five years in any of the
areas referred to.
2-A enrollment in college of specialty corresponds to the recognition by the Order of the
possession of a training, academic and professional, specifically targeted at
areas of human biology and health, environment, biotechnology and education.
Article 56.
Competencies
It competes with the specialty colleges:
a) To draw up and propose to the general meeting the regulation on each title of
specialty;
b) To develop the actions aimed at the study and scientific and technical dissemination-
professional of all subjects relating to specialties, defence of the
dignity and professional competence;
c) To propose to the board the composition of national juries of examinations or
curricular evaluations of the specialty respect;
d) Issue opinions, in the respective area of specialty area, the request of the council
directive;
e) To promote and maintain the connection between the Order and the scientific and other
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relevant entities in the area of the specialty respect;
f) To propose, on its own initiative or under proposal by members of the college, to set up
of new specialty titles.
Article 57.
Direction of colleges
1-Each college is driven by one direction, consisting of a president and by three
secretaries, elected for four years from among the biologists of the specialty respect.
2-A direction is elected by the general assembly of the vocational college, consisting of all the
biologists in it inscribed and in the full enjoyment of their statutory rights.
3-The first element of the most voted list is the president of the direction.
4-The presidents of the boards of the colleges are technical advisors to the board of directors.
CHAPTER V
Internal referendums
Article 58.
Object of internal referendums
1-A Order may carry out, at the national level, internal referendums to its members, with
binding character aimed at submitting the vote to the issues that the board of directives
consider sufficiently relevant.
2-The issues to be covered in the referendums should be formulated with clarity and for
answers of yes or no.
3-The matters concerning matters that this Statute shall commit to the competence
deliberative of any national body can only be submitted to internal referendum
upon authorization of that organ.
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4-They are compulsorily subjected to internal referendum the dissolution proposals of the
Order.
Article 59.
Organization of internal referendums
1-It is up to the governing board to set the date of the internal referendum, the issues to be appreciated and
arrange the respect process.
2-The content of the issues to be submitted to the internal referendum is disclosed to all the
members of the Order and should be the subject of clarification and debate meetings.
3-Without prejudice to the provisions of the following number, the proposed amendments to the questions to
submit the internal referendum should be addressed in writing to the board of directors,
during the period of clarification and debate, by members of the Order duly
identified.
4-The internal referendum proposals subscribed to by a minimum of 3% of the members
effective of the Order in the full enjoyment of your rights cannot be object of change.
Article 60.
Effects
1-The binding effect of the internal referendum depends on the number of voters being higher
the half of the effective members enrolled in the electoral rolls.
2-When it deals with tender projects concerning the dissolution of the Order, the approval
lacks the express vote of two thirds of the members enrolled in the electoral rolls.
3-The results of the internal referendums are released by the board of directors after the
receiving of the partial ascertainments.
CHAPTER VI
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Exercise of the profession
Article 61.
Profession of biologist
1-The exercise of the profession of biologist depends on graduation in the field of sciences
biological or others that are legally equated to them.
2-For the purposes of this Statute, professional activities in the field are considered
of the biological sciences to which they are versed on:
a) The study, identification and classification of living beings and their vestiges;
b) The ecological, nature conservation studies, of biological aspets of the
environment, spatial planning and environmental impact;
c) The management and planning of the rational exploitation of living resources;
d) The studies, biological analyses and pollution treatment of industrial origin,
agricultural or urban;
e) The studies and biological analyses and quality control of waters, soils and
food;
f) The organization, management and conservation of protected areas, natural parks and
reserves, zoos and botanists and museums whose contents are dedicated
fundamentally to Biology or similar;
g) The studies, tests and analysis of samples and materials of biological origin with
application in the environment, technology and human, animal and plant health;
h) The study, identification and control of pathogen biological agents, of parasites
and pests;
i) The study, development and control of biological processes and techniques of
industrial application;
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j) The study, identification, production and control of products and order materials
biological as well as biological agents interfering in conservation and
quality of any products and materials;
k) The studies, tests and applications of processes and techniques of human genetics,
animal, vegetable and microbial;
l) The studies, tests and applications of processes and techniques in human biology and
health;
m) The studies, analyses and laboratory techniques of human and animal embryology;
n) The teaching of Biology at all levels, as well as environmental education and for the
health;
o) Fundamental or applied scientific research in any area of Biology;
p) The consultancy, perittering, management and technical and scientific advice in subjects and
activities of the scope of Biology;
q) Any other activities that, attests to the circumstances, should be carried out
by people with specialized scientific, technical and professional skills in the
scope of Biology.
3-The provisions of the preceding paragraph shall be without prejudice to the legal provisions applicable to the
exercise in other professions.
Article 62.
From the exercise of the profession
1-Can only be called biologists the effective members, graduates or honorariums, who
have been effective or graded, with enrollment in force in the Order.
2-The employment contracts that the biologist celebrates in the exercise of his profession do not
may establish rules that are susceptible to affect their exemption and independence in the face of
employer, nor violate the provisions of this Statute.
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Article 63.
Identification
Biologists are obliged, in all the documents they emit in the exercise of their
profession, to be identified with the number and type of the respected professional ballot and category
of member of the Order.
Article 64.
Societies of professionals
1-Biologists established in national territory may exercise in group the profession,
provided that they constitute or join as partners in professional societies of
biologists.
2-Can still be partners of societies of biologists ' professionals:
a) The societies of professionals of biologists, previously constituted and inscribed
as members of the Order;
b) The associative organizations of equipared practitioners of biologists,
constituted in another Member State of the European Union or Space
European Economic, whose capital and voting rights fall majority-owned
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 riding judgement referred to in paragraph 4 b ) of paragraph 2 is governed by:
a) As for nationals of a Member State of the European Union or of Space
European Economic Commission, by Article 1 (4) of Law No 9/2009 of March 4,
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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-Societies of biologists shall enjoy the rights and are subject to the duties applicable to the
professionals members of the Order who are compatible with their nature, being
notably subject to the principles and deontological rules contained in the present
Statute.
6-Societies of professionals are not recognised electoral capacity.
7-The members of the executive body of the professional societies of biologists,
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 biologists by the law and the present Statute.
8-Professional societies of biologists may exercise, on a secondary basis, any
activities that are not incompatible with the activity of biologist, in relation to which
there is no impediment in the terms of this Statute, not being those
activities subject to the control of the Order.
9-A The constitution and the functioning of the societies of professionals appear in diploma
own.
Article 65.
Associative organisations of professionals from other Member States
The legal arrangements for enrolment of the associative organizations of professionals of others
Member States in the Order appear in the legal regime of the constitution and operation
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of the societies of professionals who are subject to professional public associations.
Article 66.
Other providers of biologist services
1-Companies that establish themselves on national territory for the provision of services of
biologist through his associates, administrators, managers, employees or
subcontractors, which do not constitute themselves in the form of professional corporations of
biologists lack, yet, of record in the Order.
2-A violation of the provisions of the preceding paragraph constitutes counterordinance, punishable by
fine of € 2500 a € 25000, pursuant to the general scheme of the counterordinations,
approved by Decree-Law No. 433/82 of October 27, amended by the Decrees-Laws
n. ºs 356/89, October 17, 244/95, of September 14, and 323/2001, of 17 of
December, and by Law No. 109/2001, of December 24.
Article 67.
Duties of providers of biology services
1-While service providers, biologists, biologists ' societies and entities
equstops shall be subject to the requirements set out in Article 19 (19) and (2).
articles 20 and 22 of the Decree-Law No. 92/2010 of July 26, and still, as far as
to services provided by electronic means, to the provisions of Article 10 of the Decree-Law
n. 7/2004 of January 7, as amended by Decree-Law No. 62/2009 of March 10.
2-The provisions of the preceding paragraph shall not apply to the services and bodies of the
direct and indirect administration of the State, autonomous regions and local authorities,
nor to the remaining unentrepreneal public collective people.
CHAPTER VII
Disciplinary regime
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SECTION I
General provisions
Article 68.
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 respect of the regulations and, as far as they are classified as such, in the
too much laws applicable to the professional activity of biologists.
2-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 69.
Disciplinary jurisdiction
1-Members of the Order are subject to the disciplinary power of the organs of the Order, in the
terms set out in this Statute.
2-During the time of suspension of the inscription, the Member of the Order remains subject to the
disciplinary power of the Order.
3-A suspension or cancellation of enrollment does not cease to cease liability
discipline for infractions previously practiced by the Member of the Order as such.
Article 70.
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-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,
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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 by a
maximum period of one year.
3-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.
4-Elapsed the deadline set in accordance with paragraph 3 without the matter having been resolved, the
question is decided in the disciplinary process.
5-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
contestation, if it has been presented, as well as any other elements
requested by the board of directors or the bastonary.
6-A disciplinary liability of 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 71.
Disciplinary responsibility of professionals in free provision of services
Professionals who provide services on national territory in free provision
are equated with the members of the Order for disciplinary purposes, pursuant to paragraph 2 of the
Article 4 of Law No. 9/2009 of March 4, amended by the Laws 41/2012, 28 of
August, and 25/2014, of May 2, with the specificities set out in this Statute and
of the disciplinary regulation, whenever they practise act or omission in violation of duties
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professionals who are applicable to them in the legal and attentive terms to the occasional nature and
sporadic of its services on national territory.
Article 72.
Disciplinary responsibility of professional societies
The collective persons members of the Order are subject to the disciplinary power of the organs
of the latter in the terms of this Statute and the legal regime of the constitution and
operation of the societies of professionals who are subject to public associations
professionals.
Article 73.
Prescription of the disciplinary procedure
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 whether, since the knowledge or since the
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participation effected in accordance with the terms of paragraph 1 of the following article, not to start the
corresponding disciplinary process within one year.
6-The limitation period of the disciplinary procedure suspending itself during the time when:
a) The disciplinary process is suspended, awaiting dispatch of prosecution or of
pronunciation in criminal proceedings;
b) The final decision of the disciplinary procedure cannot be notified to the accused, by
reason that is attributable to him.
7-A suspension, when it results from the situation provided for in the paragraph b ) of the previous number, no
may surpass the two-year term.
8-The limitation period comes back to running from the day on which the cause of the suspension is ceased.
9-The period of limitation of the disciplinary procedure referred to in paragraphs 1 and 5 shall interrupt
with the notification to the accused:
a) Of the establishment of the disciplinary procedure;
b) From the prosecution.
10-After each period of interruption begins to run new limitation period.
SECTION II
From the exercise of disciplinary action
Article 74.
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 these;
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b) The bastonary;
c) The professional and deontological council;
d) 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 facts susceptible to constituting disciplinary infraction.
3-Without prejudice to the provisions of the law of criminal procedure about the secret of justice, the
Prosecutor's Office and the criminal police bodies refer to the Order certiit of the
denunciations, stakes or complaints filed against members of the Order and that
may substantiate facts susceptible to constitute disciplinary infraction.
Article 75.
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 that the process will proceed, or the prestige of the Order or of the
profession, in any of its specialties.
Article 76.
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
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.
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3-The disciplinary proceedings against the bastonary or against any member of the board
jurisdictional in effectivity of duties can only be instituted by deliberation of the
general assembly, approved by an absolute majority.
Article 77.
Procedural legitimacy
Persons with a direct, personal and legitimate interest in respect of the facts involved,
may request the Order to intervene in the process, requiring and claiming what
have for convenient.
Article 78.
Subsidiary law
Without prejudice to the provisions of this Statute, the disciplinary procedure shall be governed by
disciplinary regulation, being in a subsidiary to be applicable to the procedures
provided for in the General Labor Law in Public Functions, passed by Law No. 35/2014, of
June 20.
SECTION III
From disciplinary sanctions
Article 79.
Application of disciplinary sanctions
1-The disciplinary sanctions are as follows:
a) Warning;
b) Repreension registered;
c) Suspension of the professional exercise up to a maximum of six months;
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d) Suspension of the professional exercise from six months to two years;
e) Suspension of the professional exercise from two to 10 years.
2-A warning sanction is applied to light falters in the exercise of the profession of the members
of the Order.
3-A The sanction of registered reprimand is applicable to light falters in the exercise of the profession of the
members of the Order to which, in the reason of the defendant's guilt, do not fall mere warning.
4-A penalty provided for in the paragraph c ) of paragraph 1 shall apply in the event of gross negligence or
accentuated disinterest in the fulfillment of professional duties.
5-A penalty provided for in the paragraph d ) of paragraph 1 shall apply when the disciplinary infraction is
grave and has severely affected the dignity and professional prestige of the biologist.
6-A penalty provided for in the paragraph d ) of paragraph 1 shall apply when the disciplinary infraction
also constitute a crime punishable with imprisonment of more than two years, or in case
of recidivism of the infraction referred to in the preceding paragraph.
7-A more serious sanction application than that of registered reprimand, the member of
Order that exerts some office in the organs of the Order, determines the immediate
removal of that office, without dependence on deliberation of the representative assembly
in that sense.
8-In the case of professionals in regime of free provision of services in territory
national, the penalties provided for in paragraphs 4, 5 and 6 assume the form of interdiction
temporary or definitive of the exercise of the professional activity in this territory,
depending on the cases.
9-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.
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Article 80.
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 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;
b) The collusion;
c) The recidivism, considering itself as such the practice of infraction before
elapsed the term of five years after the day on which it becomes final to
conviction for previous infraction of infringement;
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 always
that exceeds the value of half of the remit of the courts of the relationship.
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Article 81.
Application of ancillary sanctions
1-Cumulatively with the application of the disciplinary sanctions can be applied, by title
of ancillary sanctions:
a) Mandatory frequency of supplementary training shares to the training shares
mandatory;
b) Restitution of amounts, documents or objects;
c) Loss, total or partial, of fees and the costing of expenses;
d) Loss of the product of the benefit obtained by the accused;
e) Ineligibility for organs of the Order for one for a maximum period of six years.
2-The ancillary sanctions can be cumulated with each other.
3-In the application of the ancillary sanctions shall meet the criteria laid down in paragraph 1 of the
previous article.
Article 82.
Unity and accumulation of infractions
Without prejudice to the provisions of the ancillary sanctions, it cannot apply to the same
member of the Order more than a disciplinary sanction for every punishable fact.
Article 83.
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 the suspension of the
exercise of professional activity up to two years may be suspended for a period
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understood between one and three years.
2-Cessa the suspension of the penalty whenever, in respect of the Member of the punished Order,
is delivered final decision of conviction in new disciplinary proceedings.
Article 84.
Implementation of the suspension sanctions and definitive interdiction of the exercise of the
professional activity
1-A The application of the suspension sanctions over two years can only take place after
public hearing, pursuant to the terms provided for in the disciplinary regulation.
2-The suspension penalties for period of more than two years can only be applied by
deliberation that assemble the qualified majority of two-thirds of the members of the body
disciplinarily competent.
Article 85.
Implementation of sanctions
1-Compete to the board of directors to give execution to the decisions rendered in a process seat
discipline, specifically practicing the acts necessary to the effective suspension of the
enrollment of the members to whom the suspension sanctions are applied.
2-A The application of sanction of suspension implies the temporary prohibition of the practice of
any professional act and the delivery of the professional ballot at the headquarters of the Order or in the
regional delegation in which the accused has their professional domicile, in the cases
applicable.
Article 86.
Start of production of effects of disciplinary sanctions
1-The disciplinary sanctions initiate the production of its effects on the day after that in
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that the decision becomes final.
2-If, on the date on which the decision becomes final, the inscription of the accused is suspended,
compliance with the disciplinary penalty of suspension commencement the day after that of the
lifting of the suspension.
Article 87.
Communication and advertising
1-With the exception of the warning, the application of the sanctions is communicated by the council
national directive:
a) To the society of professionals or associative organization on account of which the
argued to provide services at the date of the facts; and
b) To the competent authority in another Member State of the European Union or of the
European Economic Area for the control of the activity of the established defendant
in that same Member State.
2-When the sanction applied for is suspended, it is given advertising through the site
officer of the Order and in places deemed to be of idogens for the fulfillment of the purposes
of general prevention of the legal system.
3-If it is decided to hold preventive or applied suspension of suspension, the council
directive must enter the corresponding annotation in the permanent lists of members of the
Order, released by computer means.
4-A publicity of disciplinary sanctions, preventive suspension and sanctions
ancillary is promoted by the disciplistically competent body, being effected
expensed from the accused.
5-Without prejudice to the provisions of the preceding paragraph, the Order restitutes the amount paid by the
argued to give publicity to your preventative suspension, whenever this one does not come to
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be sentenced in the context of the respective disciplinary procedure.
Article 88.
Prescription of disciplinary sanctions
1-The disciplinary sanctions prescribe us on the following deadlines:
a) From one year, those of warning and reprimand recorded;
b) From three years, those of suspension.
2-The limitation period runs from the day after the one in which the decision becomes
definitive.
Article 89.
Principle of enrollment in the Order
1-The individual process of the members of the Order includes a enrolment, of which they are listed
disciplinary sanctions, save for warning, and the ancillary sanctions that have been imposed on it
applied.
2-The enrollment is managed by the board of directors, based on the elements communicated by the
disciplinary bodies of the Order.
3-A The conviction of a Member of the Order in criminal proceedings is communicated to the Order
for the effect of averaging to the enrollment respect.
4-The suspension penalties for the professional exercise up to two years are eliminated from the
enrollment after the course of the five-year period following its compliance.
SECTION IV
From the process
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Article 90.
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 91.
Forms of the process
1-A disciplinary action may behave in the following ways:
a) Process of inquiry;
b) Disciplinary process.
2-The inquiry process is applicable when it is not possible to clearly identify the
existence of a disciplinary infraction or the infringing respect, imposing itself on
of summary representations for the clarification or realization of the facts in question.
3-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 inquiry process 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 76 (2).
6-If the analysis of the conduct of a member of the Order, carried out in the framework of the proceedings of
enquiry results evidence enough evidence of the practice of abstractly punishable disciplinary infraction
with sanction of warning or registered reprimand, the competent disciplinary organ
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may determine the provisional suspension of the case by the imposition of the accused
of rules of conduct or payment of a certain amount, in the title of surety,
where the following assumptions are checked:
a) Absence of previous application of provisional suspension of the process by the same
type of infraction;
b) Absence of a high degree of guilt.
7-In the case provided for in the preceding paragraph, the following measures shall apply to the following:
a) Payment of an amount between the equivalent of three times and five times the value
of the annual quota or six times and 10 times in the case of collective persons or
equated, within 10 working days;
b) Implementation of a plan to restructure its activity, in the terms and
term that are set;
c) Frequency of supplementary training actions to the training shares
obligatory, in the terms and deadline that are defined;
d) Written recharting in cases where professional relationships are involved
between members of the Order.
8-The default of the determined measures, referred to in the preceding paragraph, implies
the continuation of the disciplinary proceedings provisionally suspended under the terms of the n. 6
and 7.
9-If the accused complies with the determined measures, the case is filed and shall be
returned the amounts referred to in the paragraph a ) of paragraph 7.
Article 92.
Disciplinary procedure
1-The disciplinary procedure is regulated in this Statute and in the disciplinary regulation.
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2-The disciplinary process is composed of the following phases:
a) Instruction;
b) Defence of the accused;
c) Decision;
d) Execution.
3-Regardless of the phase of the disciplinary procedure, they are assured to the accused all the
guarantees of defence in the general terms of law.
Article 93.
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 in effectivity of organ functions
competent of the Order.
2-A suspension referred to in the preceding paragraph shall only be enacted in cases where
there are indications of the practice of disciplinary infraction to which it corresponds to one of the sanctions
provided for in points d ) and and ) of Article 79 (1)
3-A preventive suspension may not exceed three months and is always discounted in the sanction
of suspension.
Article 94.
Secret nature of the process
1-The process is of a secret nature until the dispatch of prosecution or the filing.
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2-The rapporteur may authorize the consultation of the case by the defendant, by the participant, by the
Prosecutor's Office, by the criminal police bodies or by the interested parties, when hence
does not result inconvenience to the statement and under condition of not being disclosed what
of him conste.
3-The defendants or the interested, when member of the Order, who does not respect nature
secret of the process incurs disciplinary responsibility.
SECTION V
Of the guarantees
Article 95.
Recurrable decisions
1-Of decisions taken in disciplinary matters rests with the disciplinary board and
deontological when it is this the disciplinarily competent body.
2-Of the remaining decisions taken in disciplinary matters, of which it does not fall into appeal in the
terms of the previous number, it is up to administrative appeal, in the general terms of law.
3-The decisions of mere expedient or concerning the discipline of the works are not
actionable in the terms of the previous numbers.
4-The exercise of the right of appeal provided for in this Article shall be governed by the
applicable provisions of the disciplinary regulation.
Article 96.
Review
1-It is permissible to review the final decision delivered by the organs of the Order with
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disciplinary competence whenever:
a) A court ruling carried forward on trial to declare false any elements or
means of evidence that has been determinant for the decision to revidend;
b) A court ruling carried out on trial has given as a proven crime
committed by member or members of the organ that delivered the decision revidend and
related to the exercise of their duties in the process;
c) The facts that have served as a foundation of the sentencing decision are
irreconcilable with those that are given as proven in another definitive decision and
of the opposition result in serious doubts about the fairness of the conviction;
d) If they have discovered new facts or means of proof that, by themselves or cominate
with those who have been appreciated in the process, whisper grave doubts about justice
of the sentencing decision delivered.
2-A simple allegation of illegality, formal or substantial, of the process and decision
disciplining does not constitute grounds for the review.
3-A review is admissible even if the process finds itself extinct or the sanction prescribed or
fulfilled.
4-The exercise of the right of review provided for in this Article shall be governed by the
applicable provisions of the disciplinary regulation.
CHAPTER VIII
Revenue and expenses of the Order
Article 97.
National revenue
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1-Constitutions revenue of the Order, at the national level:
a) Registration fees;
b) Quotas;
c) Grants, donations, inheritances or legacies;
d) Income from own goods, furniture or real estate, reserve funds or capital
deposited;
e) The product of publications, studies, reports, benefits of services or other
activities of the Order.
2-The social heritage of the Order is unique, although the use of your assets may be adstrite
to regional delegations.
Article 98.
Revenue of regional delegations
1-Constituents revenue of regional delegations:
a) The product of the editorial activities and services of the regional delegation;
b) Grants, donations or offers that are granted by any persons
singular or collective to the regional delegation;
c) The income of movable and immovable property of the Order affections to the regional delegation,
as well as from reserve funds and deposited capitals of the delegation.
2-Regional delegations may apply for the extraordinary funding of their
activities to the board of directors, which assesses the request and includes this funding in its
budget proposal, in case it approves it.
3-In the case of activities and services jointly promoted by the regional delegation and
by the board of directors, the product, deducted in respect of expenses, constitutes in parts
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equal national and regional revenue.
4-In excecional cases of financial crisis, can the governing board, upon opinion
positive of the national council, dispose of the revenue of regional delegations.
Article 99.
Expenses
It is the following the expenses of the Order:
a) All those arising from the exercise of their assignments, activities and initiatives,
depending on the deliberations of the directional board, of harmony with the present
Statute, regulations and decisions of the general meeting;
b) The charges deriding from the accession of the Order to federations, confederations or
other organisms;
c) All the rest that are imposed on him by law.
CHAPTER IX
Supplementary, final and transitional provisions
Article 100.
Electro trade
The legally established professionals in the Member State of the European Union or of the
European Economic Area, which there will develop activities comparable to activity
practitioner of biologist regulated by this Statute, may exercise them, through
electro trade, with destination to the national territory, observed that are the requirements
applicable in the Member State of Origin, particularly the deontological standards therein
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vigour, as well as the permanent provision of information provided for in article 10.
of Decree-Law No. 7/2004 of January 7, as amended by Decree-Law No. 62/2009, of 10
of March, and by Law No. 46/2012, of August 29.
Article 101.
Single-electrolytic document and counter
1-All requests, communications and notifications provided for in this Law between the Order
and professionals, societies of biologists or other associative organizations of
professionals for the exercise of biology, with the exception of those relating to procedures
disciplars, are carried out by electronic means, through the single electrolytic counter
of the services, referred to in Articles 5 and 6 of the Decree-Law No. 92/2010 of July 26,
accessible via the website of the Order.
2-When, on the grounds of unavailability of the electrolytic platforms, it is not possible
the fulfillment of the provisions of the preceding paragraph, the transmission of the information in
appreciation can be made by delivery on the services of the Order, by shipment by mail under
register, by fax or by electro mail.
3-A presentation of documents in simple form in the terms of the previous figures
dispensing the consignment of the original, authentic, authenticated or certified documents,
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 shall also apply to the procedures referred to in this Article to 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.
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Article 102.
Information on the Internet
In addition to the information referred to in Article 6 (3) of the Decree-Law No 92/2010 of 26
of July, and in Article 19 (4) of Directive No 2000 /31/CE, of the European Parliament and
of the Council of June 8, 2000 on certain legal aspements of the services of the
information society, in particular of the electronic trade, in the internal market, the
Order to be made available to the general public, through its electronic site 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 your
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 members with:
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,
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where appropriate;
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;
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 capacity;
g) Updated registration of societies of biologists and other forms of organisation
associative inscribed with the respect designation, registered office, enrolment number and
number of tax identification or equivalent;
h) Updated registration of the remaining providers of biology services.
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Article 103.
Administrative cooperation
The Order provides and requests the administrative authorities of the other Member States and the
European Commission mutual assistance and take the necessary steps to cooperate
effectively, notably through the Internal Market Information System, in the
scope of the procedures for service providers already established in another
Member State, pursuant to Chapter VI of Decree-Law No 92/2010 of July 26,
of Article 51º (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, and of paragraphs 2 and 3 of Article 19 of the Directive
n. 2000 /31/CE, of the European Parliament and of the Council of June 8, 2000 on the
certain legal aspements of the services of the information society, in particular of trade
electro.
Article 104.
Publication of regulations
Without prejudice to what is available in the Administrative Procedure Code, the
regulations set out in this Statute, with the exception of those who have a nature
regimental, are published in the 2 th grade of the Journal of the Republic and released on the electrolytic site
of the Order.
Article 105.
Tutela
The administrative tutelage of legality, provided for in Law No. 2/2013 of January 10, competes
to the member of the Government responsible for the area of nature conservation.
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Article 106.
Judicial control
1-A Order shall be subject, within the framework of its tasks and the exercise of powers
public who are conferred upon it, to the administrative jurisdiction, in the terms of the respect
legislation.
2-Of the disciplinary sanctions and the counterordinations applied by the Order up to appeal
for the competent administrative courts, to be established within 30 days, to be counted
of the date of notification of the decision that applies them.
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ANNEX II
(referred to in Article 5)
Republication of the Decree-Law No. 183/98 of July 4
