PRESIDENCY of the COUNCIL of MINISTERS 1 Proposal of law No. 311/XII explanatory memorandum to the law No. 2/2013, of 10 January, established a new legal regime of creation, organization and functioning of public associations professionals. The new system establishes rules on the establishment, organization and functioning of public associations and professionals about access to and the exercise of professions regulated by public professional associations, with regard, inter alia, the freedom to provide services, freedom of establishment, professional internships, professional societies, the incompatibilities and impediments regimes, advertisements, as well as the provision of relevant information about the pros and the respective companies governed by public professional associations. In accordance with article 53 of law No. 2/2013, of 10 January, it becomes necessary to adjust the status of public associations professionals already established the procedure laid down by that law. By this law the adequacy of the Statute of the order of Doctors approved by Decree-Law No. 282/77, of July 5, amended by Decree-Law No. 217/94, of 20 August, the procedure provided for in law No. 2/2013, of 10 January, which essentially translates to maintenance of existing statutory provisions with changes arising from the application of the Act. Was heard the order of Doctors.
PRESIDENCY of the COUNCIL of MINISTERS So 2: pursuant to paragraph 5 of article 53 of law No. 2/2013, of 10 January, and d) of paragraph 1 of article 197 of the Constitution, the Government presents to the Assembly of the Republic the following proposal of law: article 1 this law shall Object to the second amendment to Decree-Law No 282/77 , July 5, amended by Decree-Law No. 217/94, of 20 August, which approves the new Statute of the order of Doctors, according to the law No. 2/2013, of January 10, which establishes the legal regime of creation, organization and functioning of public associations professionals. Article 2 amendment to the Statute of the order of the Doctors of the medical, approved in annex to Decree-Law No 282/77, of July 5, amended by Decree-Law No. 217/94, of 20 August, is the wording in annex I to this Act and which is an integral part.
PRESIDENCY of the COUNCIL of MINISTERS 3 article 3 transitional provision 1-the provisions of this Act does not affect the current composition of the organs of the order of Doctors, keeping the current ongoing mandates with the duration initially set. 2-pending the adoption of the regulations referred to in the following paragraph remain in force regulations issued by order of the Doctors that do not contradict the provisions of the Statute approved in annex to this law. 3-the order of Doctors approves, within 180 days from the date of entry into force of this Act, the regulations provided for in your Status. Article 4 set Standard is revoked Decree-Law No. 217/94, of 20 August. Article 5 Republication is republished in annex II to this law and which is an integral part, Decree-Law No. 282/77, of 5 July, with the current wording.
Article 6 entry into force this law shall enter into force 30 days after your publication.
PRESIDENCY of the COUNCIL of MINISTERS 4 Seen and approved by the Council of Ministers of 19 March 2015 the Prime Minister the Minister of Presidency and Parliamentary Affairs PRESIDENCY of the COUNCIL of MINISTERS 5 Annex I (referred to in article 2) STATUTE of the ORDER of PHYSICIANS article 1 legal nature 1-the order of Doctors, further abbreviated designated by order , is the public representative of the professional association that, in accordance with the provisions of these regulations and the applicable legal provisions, the medical profession. 2-the professionals enrolled in the order are doctors. 3-the order is a collective person of public law, which is governed by the respective law of creation, by law No. 2/2013, of 10 January, and by the provisions of this Statute. Article 2 Headquarters and scope of activity 1-the order has nationwide, has your thirst in Lisbon and is structured in the regions of North, Central and South, which have headquarters, respectively, in Oporto, Coimbra and Lisbon. 2-the order is also structured in the sub-regions of Braga, Braganca, Porto, Viana do Castelo, Vila Real, Aveiro, Castelo Branco, Coimbra, Guarda, Leiria, Viseu, Beja, Évora, Faro, Lisbon, West, Portalegre, Ribatejo, Setúbal and medical councils of the autonomous regions of the Azores and Madeira. 3-each of the regions correspond to the following geographical areas: PRESIDENCY of the COUNCIL of MINISTERS 6 a) North: i) Sub-region, which includes the municipalities of Barcelos, Braga Amares, Cabeceiras de Basto, Celorico de Basto, Esposende, Fafe, Guimarães, Póvoa de Lanhoso, Terras de Bouro, Vieira do Minho, Vila Nova de Famalicão, Vila Verde and Vizela; II) subregion, which includes the municipalities of Customs of the faith, Bragança, Carrazeda de Ansiães, Freixo de Espada à Cinta, Macedo de Cavaleiros, Miranda do Douro, Mirandela, Mogadouro, Moncorvo, Vila Flor, Vimioso and Vineyards; III) Porto subregion, which includes the municipalities of Amarante, Arouca, Baião, Castelo de Paiva, Espinho, Gondomar, Lousada, Felgueiras, Maia, Marco de Canavezes, Matosinhos, Paços de Ferreira, Paredes, Penafiel, Porto, Póvoa do Varzim, Santa Maria da Feira, Santo Tirso, Trofa, Valongo, Vila do Conde and Vila Nova de Gaia; IV) sub-region of Viana do Castelo, which includes the municipalities of Arcos de Valdevez, Caminha, Melgaço, Monção, Paredes de Coura, Ponte da Barca, Ponte de Lima, Valença, Viana do Castelo and Vila Nova de Cerveira; v) Sub-Vila Real region, which includes the municipalities of Alijó, Armamar, Boticas, Chaves, Viseu, Lamego, Lamego, Mondim de Bastos, Montalegre, Murça, Peso da Régua, Resende, Ribeira de Pena, Sabrosa, Santa Marta de Penaguião, São João da Pesqueira, Tabuaço, Valpaços, Vila Pouca de Aguiar and Vila Real;
b) Centre: PRESIDENCY of the COUNCIL of MINISTERS 7
I) Sub-region of Aveiro, which includes the municipalities of Águeda, Albergaria-a-Velha, Anadia, Aveiro, Estarreja, Ílhavo, Mealhada, Murtosa, Oliveira de Azeméis, Oliveira do Bairro, Ovar, São João da Madeira, Sever do Vouga, Vagos and Vale de Cambra); II) Sub-Castelo-Branco region, which includes the municipalities of Belmonte, Castelo Branco, Fundão, Idanha-a-Nova, Oleiros, Penamacor, Proença-a-Nova, Sertã, Vila de Rei and Vila Velha de Ródão; III) Sub-region, which includes the municipalities of Arganil, Cantanhede, Coimbra, Condeixa-a-Nova, Figueira da Foz, Góis, Lousã, Mira, Miranda do Corvo, Montemor-o-Velho, Oliveira do Hospital, Pampilhosa da Serra, Penacova, Penela, Soure, and Vila Nova de Poiares; IV) subregion, which includes the municipalities of Aguiar da Beira, Celorico da Beira, Almeida, Figueira de Castelo Rodrigo, Fornos de Algodres, Gouveia, Guarda, Manteigas, Meda, Pinhel, Sabugal, Portugal, Trancoso and Vila Nova de Foz Côa; v) Sub-region of Leiria, which includes the municipalities of Alcobaça, Alvaiázere, Ansião, Batalha, Castanheira de Pera, Figueiró dos Vinhos, Leiria, Marinha Grande, Nazareth, Pedrógão Grande, Pombal and Porto de Mós); vi) Sub-region of Viseu, which includes the municipalities of Carregal do Sal, Castro Daire, Mangualde, Moimenta da Beira, Mortágua, Nelas, Oliveira de Frades, Penalva do Castelo, Penedono, Santa Comba Dão, s. Pedro do Sul, Sátão, Sernancelhe, Tarouca, Tondela, Vila Nova de Paiva, Vouzela and Viseu;
c) South: i) sub-region of Beja, which includes the municipalities of Aljustrel, Almodôvar, Alvito, Bounds, Beja, Castro Verde, Cuba, Ferreira do Alentejo, Mértola, Moura, PRESIDENCY of the COUNCIL of MINISTERS 8 Odemira, Serpa and Ourique, Vidigueira; II) Sub-region of Évora (Alandroal, Arraiolos, Estremoz, Borba Évora, Montemor-o-Novo, Mora, Mourão, Portel, Redondo, Reguengos de Monsaraz, Vendas Novas, Viana do Alentejo and Vila Viçosa); III) Sub-region of Faro (Albufeira, Alcoutim, Aljezur, Castro Marim, Faro, Lagoa, Lagos, Loulé, Monchique, Olhão, Portimão, São Brás de Alportel, Silves, Tavira, Vila do Bispo and Vila Real de Santo António); IV) Sub-Lisbon region (Lisboa); v) greater Lisbon subregion (Alenquer, Arruda dos Vinhos, Azambuja, Cascais, Loures, Mafra, Odivelas, Oeiras and Sintra); vi) sub-region of the West (Bombarral, Cadaval, Caldas da Rainha, Lourinhã, Obidos, Peniche, Sobral de Monte Agraço and Torres Vedras); VII) Sub-region of Portalegre (Alter do Chão, Arronches, Campo Maior, Aviz, Castelo de Vide, Crato, Elvas, Fronteira, Monforte, Hawk, Marvão, Nisa, Ponte de Sor, Portalegre and Sousel); VIII) Sub-region of Ribatejo (Abrantes, Alcanena, Almeirim, Alpiarça, Cartaxo, Benavente, Chamusca, Constância, Coruche, Trunking, Ferreira do Zêzere, Mação, Golegã, Ourém, Rio Maior, Salvaterra de Magos, Santarém, Sardoal, Tomar, Torres Novas, Vila Franca de Xira and Vila Nova da Barquinha);
IX) Sub-region of Setúbal (Alcácer do Sal, Alcochete, Almada, Barreiro, Moita, Montijo, Grândola, Santiago do Cacém, Palmela, Seixal, Sesimbra, Setúbal and Sines); x) autonomous regions of the Azores and Madeira.
PRESIDENCY of the COUNCIL of MINISTERS 9 4-regional structures ensure the continuation of the tasks of the order in its territorial area, in accordance with this Statute. 5-Have national validity: a) The administrative acts performed by regional and subregional structures; b) control formalities practiced by professionals, the professional societies or other associations of professionals to provide services in the national territory, in view of regional and sub-regional structures. Article 3 1 Assignments-they are attributions of the order: the) Regular access and the exercise of the medical profession; b) contribute to the protection of public health and patients ' rights; c) represent and defend the general interests of the profession; d) Grant the professional title and the titles of professional expertise; e) Assign prizes or honours; f) prepare and update the professional registration; g) Exercise disciplinary authority over the doctors, under this Statute;
h) provide services to physicians, as regards professional practice, particularly in relation to information and vocational training; I) Collaborate with the other entities of public administration on issues of public interest related to the medical profession; j) participate in the drafting of legislation relating to the taking up and pursuit of the PRESIDENCY of the COUNCIL of MINISTERS 10 medical profession; k) participate in official accreditation processes and in the evaluation of the courses that give access to the medical profession; l) Recognize the professional qualifications obtained outside the national territory, in accordance with the law, European Union law or International Convention; m) Organize scientific events, culture and recreation; n) Assign solidarity benefits to physicians in need, through the solidarity fund; the) Pursue any other actions that are committed by law. 2-the order is prevented from performing or participating in activities of a trade union nature or that relate to the regulation of the economic or professional relations of its members. Article 4 administrative autonomy 1-the order, in the exercise of its public powers, the administrative acts necessary for the pursuit of its mission and approves the regulations provided for in the Act and in these regulations.
2-except for the cases provided by law, the acts and regulations of the order are not subject to Government approval. Article 5 Financial Autonomy PRESIDENCY of the COUNCIL of MINISTERS 11 1-the order has its own finance and heritage, as well as budgetary autonomy. 2-financial autonomy includes the power to set the amount: a) monthly or annual quota of its members; b) fees for services rendered, according to criteria of proportionality. Article 6 principle of speciality 1-the legal capacity of the order covers the practice of all legal acts, the enjoyment of all rights and subject to all obligations necessary for the attainment of its purposes and tasks. 2-the order does not develop activities or uses his powers outside of their assignments, or dedicated their resources to purposes other than those that are committed by these bylaws.
Article 7 principle of transparency without prejudice to the other information provided for in article 23 of law No. 2/2013, of 10 January, in addition to the information referred to in paragraph 3 of article 6 of Decree-Law No. 92/2010 of 26 July, and in paragraph 4 of article 19 of Directive No. 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the internal market, the order must be made available to the general public through the electronic site in your PRESIDENCY of the COUNCIL of MINISTERS Internet 12, the following information: a) the regime of access to and exercise of the profession; b) principles, the deontological rules and technical standards applicable to its members; c) the procedure for submission of complaints or complaints by recipients with respect to services provided by professionals in the field of your activity; d) job offers in the order. and updated registration of members) which appears in: i) the name, domicile and the number of professional portfolio or ballot; II) the designation of the title and the professional specialities; III) the situation of suspension or temporary interdiction from the exercise of the activity, if applicable.
f) Record updated in professionals ' freedom to provide services in the national territory, who consider themselves entered pursuant to paragraph 2 of article 4 of law No. 9/2009, on March 4, as amended by laws Nos. 41/2012, 28 August, and 25/2014, of May 2, that includes: i) the name and the domicile and professionals If it exists, the designation of the professional title of origin and of the respective specialties; II) identification of the professional public association in the Member State of origin, in which the Professional is registered; III) the situation of suspension or temporary interdiction from the exercise of the activity, PRESIDENCY of the COUNCIL of MINISTERS 13 if appropriate; IV) information relating to professional societies or other forms of associative organization of professionals who provide services in the Member State of origin, provide services as such here. g) registration of licences for carrying out updated stages of vocational training provided, that includes the name of the person concerned and the place of performance of the stage. Article 8 principle of cooperation with other entities 1-the order may constitute or participate in associations of private law and cooperate with related entities, domestic or foreign, especially within the European Union, European economic area and the community of Portuguese Language countries.
2-for the better carrying out of its tasks, the order may establish co-operation agreements with other public or private entities, domestic or foreign, except where the nature of association or political entities. 3-pay order and asks the administrative authorities of the other Member States and the European Commission mutual assistance and take the necessary measures to cooperate effectively, in particular through the internal market information system, in the context of procedures relating to providers of services established in another Member State, in accordance with Chapter VI of Decree-Law No. 92/2010 of 26 July , of paragraph 2 of article 51 of law No. 9/2009, on March 4, as amended by laws Nos. 41/2012, 28 August, and 25/2014, may 2, and paragraphs 2 and 3 of article 19 CHAIRMANSHIP of COUNCIL of MINISTERS Directive No. 14 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce. 4-In the field of recognition of professional qualifications, the order shall exercise the powers provided for in paragraph 9 of article 47 and paragraph 2 of article 51 of law No. 9/2009, on March 4, as amended by laws Nos. 41/2012, 28 August, and 25/2014, of May 2, according to the law. Article 9 regulatory power 1-Order regulations apply to all its members. 2-the development of the regulations follows mutatis mutandis the arrangements laid down in the code of administrative procedure, including the provisions regarding the public consultation and the participation of those concerned.
3-the regulations of the order effectively are published in the second series of the Diário da República, without prejudice to your publication in the magazine or Order your national electronic site. Article 10 1 Organs-the order has own organs and your internal organization is subject to the principle of separation of powers. 2-the competent judicial bodies of the order: a) the subregional level, the subregional Parliament and the subregional Council; b) at the level of the autonomous regions of the Azores and Madeira, the regional Council PRESIDENCY of the COUNCIL of MINISTERS of 15 autonomous regions of the Azores and Madeira, the Medical Board of the autonomous regions of the Azores and Madeira and the Supervisory Board of the autonomous regions of the Azores and Madeira; c) at the regional level, the regional Assembly, the regional Council and the regional fiscal Council; d) at the national level, the House of representatives, the National Council, the Chairman, the Board of Governors and the national tax board. 3-Are the organs of disciplinary jurisdiction: a) The regional councils; b) the Board of Governors. 4-Are technical advisory bodies, the schools. 5-Are consultative bodies of specific competence: a) the National Council of ethics and medical ethics; (b)) the National Council of education and teaching; (c)) the National Council for vocational training; d) the National Council for the national health service/medical careers; e) the National Council of private medical practice and agreed; f) the National Council of social solidarity; g) the National Council for the prevention of medical malpractice and serious adverse events; h) the National Council for the award of scientific patronage; I) the National Council of graduate students; j) the national medicines policy Council; k) the National Council of the continuum of care;
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l) the National Council for health informatics technologies; m) the National Council for the audit and quality; n) the National Council of ecology and health promotion; the) the National Council of internal medicine. Article 11 protocol protocol hierarchy Hierarchy of holders of the order is as follows: the Chairman of the order); b) speaker of the House of representatives; c) Chairman of the Board of Governors; d) Presidents of the regional councils; and disciplinary councils regional Presidents); f) Presidents of the Councils of the sub-regions and the medical advice of the Azores and Madeira; g) other members elected bodies of the order. Article 12 duration of terms of Office the term of Office of the elected bodies is of three years and may be reelected once and may not be made more than two consecutive terms in the same position or the same organ. Article 13 voting rights PRESIDENCY of the COUNCIL of MINISTERS the election of 17 members of the bodies is held by universal secret ballot vote, and periodical, in Assembly convened for this purpose. Article 14 Elections elections are governed by the electoral regulation, approved by the General Council, with respect for the provisions of this Statute. Article 15 nominations 1-the election of organs is done by lists, unless expressly provided otherwise, which should indicate the actual candidates and contain a number of alternates in proportion of 20% of the members. 2-Each list must be proposed by a minimum of 150 doctors or, Alternatively, 10% of the doctors registered in the area, in the enjoyment of all your statutory rights. 3-Must be provided equal opportunities to all competitors, and constitute, to supervise the election, an Electoral Commission, which is part of the respective Assembly and a delegate from each of the lists. 4-applications must be submitted the action programs of the candidates. Article 16 1 Eligibility-any doctor, Member of the order, with the entry into force and the full exercise of their rights to vote and be elected to the organs of this. 2-to be eligible for Chairman must have at least five years of membership in the order. Article 17 of the COUNCIL of MINISTERS PRESIDENCY 18 Incompatibilities in the exercise of functions 1-the performance of executive duties, disciplinary and supervisory bodies of the order is incompatible with each other. 2-is also inconsistent exercise, simultaneously, of two or more positions whose election directly. 3-the Office of the holder of the order is incompatible with the exercise of any functions top leaders, public or private, with charge leader of Trade Union structures or with any other function which check a manifest conflict of interest.
4-The manifest conflict of interest situations referred to in the preceding paragraph are considered and deliberated by the Board of Governors, upon request of any doctor. 5-the rule provided for in paragraphs 2 and 3 shall not apply to the technical consultative and advisory bodies-the order, since there is no conflict of interest between his ownership of a member of the governing body and of the opinion to be issued by such advisory and technical advisory bodies, in which case the doctor has to require excuse. Article 18 Dismissal of the members of 1-the mandate of the organs may terminate by decision of the respective assemblies, since called expressly for assessing the performance of the same and when the total number of voters is more than 20% of the doctors registered in the respective area. 2-the Chairman may be removed from Office by a majority of three-quarters of the members of the House of representatives. 3-the House to dismiss all or most members of any of the organs of the COUNCIL of MINISTERS PRESIDENCY order 19 shall elect an interim Commission that provisionally replace them until the elections, which must be held within 90 days. 4-the term of Office of the elected bodies under the conditions laid down in the preceding paragraph shall cease at the end of the normal term of the replaced. Article 19 Remuneration The permanent executive positions can be paid according to the General regulations of the order, to be approved by the House of representatives.
Article 20 of the subregional meeting 1-the sub-regional meeting is composed of all the doctors in the subregion, in the enjoyment of their statutory rights. 2-each doctor can only belong to a subregion. Article 21 sub-regional Assembly 1 Table-the table subregional Assembly consists of a President, a Secretary and a Vice President, who replaces the President in their absences and impediments. 2-the sub-regional meeting is elected by a simple majority. Article 22 Jurisdiction of sub-regional sub-regional meeting is responsible for Assembly: a) Elect the members of the respective subregional meetings;
PRESIDENCY of the COUNCIL of MINISTERS 20 b) Elect the members of the sub-regional Council; c) enjoy all the Affairs of the Order the subregional level and participate in regional and national studies; d) Enjoy the activity and reports of subregional Council; and your Regiment) approve the.
Article 23 Functioning subregional Assembly 1-the sub-regional Assembly meets ordinarily every three years to elect the Bureau of the Assembly of the sub-region and the members of the Medical Council and at least once a year, to enjoy the activity exercised or the exercise by the Medical Council. 2-the sub-regional meeting gathers, extraordinarily, whenever called by your President, when 10% of the doctors registered in the respective sub-region require, or at the request of the President of the regional Council of the respective area. 3-the convening of subregional meeting is made by the Chairman of the Board or, in case of impediment, by the Vice President, through the electronic site of the order, by calling notice directed to members and published in daily newspaper in the region, at least 15 days, and the summons indicate the day, time and place of the meeting, as well as the order of business. Article 24 of Council 1-the Council sub-regional sub-regional consists of five members, one of whom performs the duties of President, one Vice President and another as Secretary.
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2-the sub-regional Council is elected by a simple majority, and each competitor list identify the candidate for President, the Vice President and the Secretary of the Sub-Regional Council. 3-the lists for election Council sub-regional competitors must include two alternates.
Article 25 the Council's Powers the Council sub-regional sub-regional: a) Streamline doctors in your geographical area of operation, in accordance with local characteristics and the resolutions of the subregional and regional meetings and the deliberations of the regional, national and general advice; b) ensure that compliance with the deontological principles, enforce the rules and suggest the standards received run; c) give the social solidarity program approved; d) Exercise all other powers are delegated by the regional councils. Article 26 medical Councils of the autonomous regions of the Azores and Madeira 1-medical councils of the autonomous regions of the Azores and Madeira shall exercise administrative powers, taking into consideration the interests of the respective Order autonomous regions and the corresponding regulatory framework. 2-The medical councils of the autonomous regions of the Azores and Madeira are composed of five members, including a President, a Vice-President, a Secretary, PRESIDENCY of the COUNCIL of MINISTERS 22 and a Treasurer. 3-medical councils of the autonomous regions of the Azores and Madeira shall make the imposition of quotas and the doctors ' fees recorded in the respective areas.
4-medical councils of the autonomous regions of the Azores and Madeira shall apply in all that is supported, the provisions relating to sub-regional councils, mutatis mutandis. 5-disciplinary purposes, the facts charged in the area of intervention of the medical advice of the autonomous regions of the Azores and Madeira are subject to the jurisdiction of the Disciplinary Council South regional. Article 27 budget of autonomous regions The medical councils of the autonomous regions shall draw up and approve the budgets of the respective regions until 15 November of each year and submit it to the National Council, as well as draw up and approve the reports and accounts which also submit to the National Council. Article 28 Supervisory Board of autonomous regions 1-the Supervisory Board of the autonomous regions is composed of three members, one of them being the President. 2-the Supervisory Board of the regional autonomous regions is elected by a simple majority, lists of doctors enrolled in the respective region. 3-in the performance of their duties, the Supervisory Board of the autonomous region can PRESIDENCY of the COUNCIL of MINISTERS 23 resorting to technical support of the statutory auditors. 4-the Chairman of the Supervisory Board of the regional autonomous regions can watch and be summoned to meetings of the Medical Council of the autonomous regions.
Article 29 regional Assembly regional Assembly consists of all doctors registered in the respective area's regional section, in accordance with paragraph 3 of article 2, in full enjoyment of their rights. Article 30 regional Assembly 1 Table-the table of regional Assembly consists of a President, two Secretaries and a Vice President, who replaces the President in their absences and impediments. 2-the regional Assembly is elected by a simple majority. Article 31 powers of the regional Assembly 1-regional Assembly shall: a) give its opinion on all matters of interest to physicians, since in the respective agenda; b) Discussing the amendments to this Statute, when expressly convened for this purpose; c) Elect the regional Assembly and the members of the regional Council, the regional Council and the regional fiscal Council; d) Promote, in the event of dismissal, the replacement of the members of the PRESIDENCY of the COUNCIL of MINISTERS 24 regional Assembly, regional Council, the regional Council and the regional fiscal Council; e) Approve the activity report and accounts of the regional Council; f) Assess and decide on the plan of activities and regional budget proposed by the regional Council. 2-the regional Assembly has power over matter and binding decision-making concerning the respective area, without prejudice to assess and decide on matters of national scope, which must be presented to the other regional or national bodies. Article 32 regular meetings to regional Assembly meets ordinarily every three years to elect the Bureau of the regional Assembly, the elected members of the regional Council, the regional Council and the regional and fiscal Council, at least once a year to review and deliberate on the activity carried out or the exercise by the regional Council, including approval of the activity report and accounts , regional activities and budget plan. Article 33 convening of regional Assembly 1-convening of the regional Assembly is made by the President of the respective table or, in case of impediment, by the Vice President, through notice directed to members, published in daily newspaper in the region, and through the electronic site of the order and, by email, at least 15 days, and the summons indicate the day , the time and place of the meeting, as well as the agenda. 2-regional Assembly meets, extraordinarily, whenever called by your President, when 10% of the doctors registered in the respective region request or at the request of the President of the regional Council of the respective area.
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Article 34 decision quorum 1-ordinary meetings, the regional Assembly shall act by a simple majority of the members present. 2-extraordinary meetings of the regional Council the resolutions are binding when them participates in a number of votes exceeding 10% of the doctors entered. 3-All the deliberations on the issues listed in the agenda. Article 35 1 regional Council-regional Council consists of 11 members, elected in the list for each of the regions defined pursuant to paragraph 3 of article 2. 2-the elected members are elected by a list that identifies the candidate for the President, the Vice-President, the Secretary and the Treasurer, the vowels and three alternates. 3-the regional Council is elected by a simple majority of lists among physicians enrolled in the respective region, and the polling stations operate at subregional level. 4-Can participate in the meetings of the regional councils, for your initiative or at the invitation of the respective Presidents, the Presidents of the subregional councils, when their interests are concerned the subregion. 5-the Presidents of the subregional Councils participating in meetings, in accordance with the provisions of the preceding paragraph, shall have the right to know the agendas of the regional councils and they do include subjects.
PRESIDENCY of the COUNCIL of MINISTERS article 36 26 Advisory Committees of the regional Council the regional Council may establish advisory committees in charge of specific subjects whose skills confined to the level of the respective region and consist of a variable number and odd members. Article 37 meetings of the regional Council regional Council shall meet at least once in 15 days 3:00 pm, and its deliberations are taken by simple majority of votes of all its members with your President a casting vote. Article 38 powers of the regional Council 1-it is the regional Council: a) Designate their representatives in national advisory councils; (b) Appoint regional advisory committees); c) disseminate and implement the guidelines and decisions issued by the national bodies; d) Admit or refuse, inform, the applications for registration and requests for grant of a license for carrying out professional internships; and) Drive and coordinate the activity of the order at the regional level, in accordance with the principles set out in these regulations; f) prepare and submit annually to the regional Assembly annual activities report and plan of activities and regional budgets;
PRESIDENCY of the COUNCIL of MINISTERS 27 g) Administer the property and manage the funds of the order, at the regional level; h) Charge the quotas of members enrolled in its region and the fees and charges for the services provided at the regional level; I) draw up an inventory of the possessions of the order, at the regional level; j) apply to the President of the regional Assembly to convene extraordinary meetings whenever it deems convenient; k) be submitted to the regional Assembly the subjects on which it should comment; l) register of General and special tables, doctors in the region, as well as service providers and those who are granted a license for carrying out professional internships; m) draw up internal regulations necessary for the good organization of the order at the regional level; n) Require the convening of the House of representatives; o) hire period that does not exceed the term of your consulting services, namely, legal, economic and communication; p) Appoint doctors to monitor judicial, in particular warrants the clinics or medical facilities; q) Delegate powers on the boards and medical councils of subregional autonomous regions. 2-within the framework of their competence, the regional Council has binding power, without prejudice to appreciate and discuss matters nationwide.
Article 39 28 COUNCIL of MINISTERS PRESIDENCY Composition of the Supervisory Board 1-regional regional Audit Committee consists of three members, one of them being the President. 2-the fiscal Council is elected in regional lists, by simple majority of the doctors registered in the respective region, and the polling stations operate at sub-regional level. 3-in the performance of their duties, the Supervisory Board may appeal to the regional technical support from certified accountant or accounting officials of the respective region. 4-the Chairman of the Supervisory Board may be convened regional and attend meetings of the regional Council. Article 40 Jurisdiction of the supervisory board the supervisory board regional regional: a) Examine at least quarterly, the accounts of the regional Council; b) give an opinion on the annual activities report presented by the regional Council, as well as the plan of activities and budget; c) regional Council suggestions to understand for the life of the order. Article 41 of the Chairman 1-the Chairman is elected by secret ballot in direct and universal suffrage, among all doctors registered in the order. 2-applications are supported by a minimum of 500 doctors, representing all regions and presented to the President of the Assembly of representatives, together with a curriculum vitae and of individual term of acceptance of the bid, until 60 days before the PRESIDENCY of the COUNCIL of 29 MINISTERS designated day for the election. Article 42 1 Elections-is elected President the candidate who obtains more than half of the votes validly cast, not considering how such blank votes. 2-If none of the candidates obtains the number of votes provided for in the preceding paragraph, according to which only suffrage compete the top two candidates, who have not withdrawn the nomination, being elected the candidate who obtains a majority of the votes validly cast. Article 43 Chairman's election Process 1-the Chairman's election process is coordinated by the National Electoral Council, which is composed of the President of the House of representatives and the Presidents of regional councils, or their legal substitutes, and one representative of each candidate. 2-if any of the Presidents of the regional councils or the speaker of the House of representatives are candidates for Chairman, are the same, the National Electoral Council, by the respective Vice President. 3-for the election of the Chairman for as many polling stations as many tables the sub-regions.
Article 44 powers of the Chairman the Chairman: PRESIDENCY of the COUNCIL of MINISTERS 30
the) convene and preside over the National Council, with a casting vote; b) propose to the House of representatives two members to the National Council; c) perform the function of national and international representation of the order; d) perform other functions as may be assigned by the National Council; e) Delegate their powers. Article 45 replacing the Chairman the Chairman is replaced, in their absences and impediments, by one of the Presidents of the regional councils, designated by the National Council. Article 46 permanent Impediment of the Chairman the Chairman's permanent impediment determines new election in 90 days, ceasing the President-elect their duties at the end of the term of Office of the replaced.
Article 47 composition of the House of representatives 1-the House of representatives is composed of members elected by lists, according to the proportional representation system according to the d'Hondt method, in subregional constituencies defined in article 2 of the COUNCIL of MINISTERS PRESIDENCY 31 2-For each constituency elected two doctors up to 500 doctors on it inscribed, and another for each 500 doctors or fraction in excess of 250 doctors. 3-Integrate still the House representatives, Presidents of the sub-regional councils and medical advice of the Azores and Madeira. 4-The National Council members are entitled to participate, without the right to vote, in meetings of the Assembly of representatives. 5-the House of representatives meets, so rotating the seats of the three regional sections, according to the call of your President. Article 48 meetings of representatives 1-the House of representatives shall consist of a President, a Vice-President and a Secretary. 2-the Chairman is elected by the House of representatives among its members, and shall appoint the Vice President and the Secretary.
Article 49 powers of the House of representatives the House of representatives) Appoint, on the proposal of the Chairman, two members to the National Council; b) discuss and approve the regulations submitted to it for consideration of COUNCIL of MINISTERS PRESIDENCY by 32 National Council; c) appreciate and approve the reports and activities, the activity plan and the national budget, including the budgets equivalent; d) approving the amount of quotas and other financial contributions from doctors, acting on a proposal of the National Council; and) to approve the proposed amendments to these bylaws; f) deciding on proposals for creation or extinction of specialties and subspecialties, skills or create respective colleges and sections and other advisory bodies, in accordance with this Statute; g) Dismiss the Chairman; h) drafting and approving the your Regiment; I) Exercise any other powers provided for in these bylaws and in the law. Article 50 1 Meetings-the House of representatives meets at least twice a year, to exercise the jurisdiction provided for in subparagraph (c)) of the preceding article.
2-the House of representatives meets, still call of your President, always on request by the Chairman, by the National Council, for the national fiscal Council, at the request of any regional Council or at the request of 20% of its members. Article 51 Convocation of the Assembly of representatives 1-the House of representatives is convened for the place, day and hour fixed, with the PRESIDENCY of the COUNCIL of MINISTERS 33 minimum antecedence of 20 days, or 10 days in cases of proven emergency, by simple letter, by public announcement published in the official site of the order, by electronic means and in a national daily newspaper , with an indication of the agenda. 2-If the time stamp there is number of members equal to half plus one, the House of representatives brings together 30 minutes later, 40% are gifts of its members. Article 52 National Council composition 1-the National Council consists of the Chairman, the Chairmen of regional councils, by a designated from among its members for each of the regional councils and by two members proposed by the Chairman and appointed by the House of representatives. 2-Each regional Council shall appoint two alternate members who, in the absences and impediments of your President and designated element, replace them. 3-the President of the National Council of internal medicine, or your representative, you can watch and participate, without the right to vote, the meetings of the National Council.
Article 53 operation of 1 National Council-the National Council works in plenary and in Committee. 2-the plenary of the National Council is composed of all its members. 3-the Standing Committee of the National Council is composed of the Chairman, the Chairmen of regional councils and one of the elements indicated by the Chairman, and one of its members the Secretary of the Standing Committee.
PRESIDENCY of the COUNCIL of MINISTERS article 54 34 1 Meetings-the plenary of the National Council meets, as a rule, 3:00 pm 15 days and deliberates validly when you show this most cool of its members and the three regional sections are represented. 2-the deliberations adopted by the Standing Committee of the National Council are reported to the plenary of the National Council, for setting of the respective proceedings. Article 55 notice of meeting ordinary meetings of the plenary of the National Council 1-the plenary of the National Council gathers for call of Chairman, which is set out in the agenda, accompanied by the respective documents, made at least five days. 2-the plenary of the National Council meets even the request of either the regional Council, it may require the inclusion of subjects on the agenda.
Article 56 special meetings of the National Council 1-extraordinary meetings take place upon invitation of the President. 2-the President is obliged to convene the National Council where at least one third of the members request it in writing, indicating the subject who wish to see treated. 3-the convening of the meeting must be made to one of the 15 days following the submission referred to in the previous paragraph, but always with a minimum notice of 48 hours PRESIDENCY of the COUNCIL of MINISTERS 35
on the date of the special meeting. 4-The summons shall contain expressly and specified, the business at the meeting. Article 57 1-Deliberations the deliberations of the National Council are taken by majority vote and may appeal, by two members, with suspensive effect to the Board of Governors. 2-in the event of a tie in voting, the President shall have the casting vote, unless the vote have done by secret ballot. 3-going on a tie in voting by secret ballot, immediately the new vote and, if the tie remains, adia-if the resolution for the next meeting, and if, in the first ballot of this meeting, if you keep your tie should be a roll-call vote.
Article 58 of the National Skills 1-it is the plenary of the National Council: a) to appoint, from among the Presidents of the regional councils, the replacement of the President; b) Appoint, from among its members, the Secretary and the Treasurer, and assigning portfolios to other members; c) Appoint the President and eight members of the National Advisory Councils, including the two elements indicated by each regional Council;
PRESIDENCY of the COUNCIL of MINISTERS 36 d) Hire, for the length of the duration of your term of Office, the statutory auditor to integrate the national fiscal Council; e) Hire, by the time of duration of your mandate, consulting services, namely, legal, economic or communication; f) prepare and submit annually to the House of representatives the activity plans, budgets and activity reports and accounts; g) Administer the national bodies affect heritage order and looking out for goods and national values; h) draw up an inventory of the goods of the order; I) be submitted to the House of representatives all matters on which it should comment and statutorily require your extraordinary convocation, whenever it deems convenient; j) preparing national regulations for the order and submit them for approval by the House of representatives; k) Maintain links with medical or other institutions, domestic and foreign, and accredit the respective delegates; l) participate in the drafting of legislation relating to access to and exercise of the medical profession; m) Hire employees and service providers of national bodies of the order and fix their remuneration; n) Execute and enforce the resolutions adopted by the House of representatives; the amount of quotas) propose and submit to your approval to the House of representatives; p) Ensure the periodic and regular publication of a national magazine of PRESIDENCY of the COUNCIL of MINISTERS information 37 and a national scientific magazine order and appoint the members who make up the respective datasheets; q) Ensure the maintenance of the Internet site, national naming the respective responsible; r) Coordinate order relations with the media, through the Standing Committee; s) Request and or approve opinions, technical standards, clinical guidelines, and other consultative competence of the regulatory national advisory councils and specialty colleges and competencies; t) comply with and enforce these regulations and the regulations of the order, as well as the resolutions of its organs; u) Organise, with the cooperation of the regional councils, the National Congress of the order; v) maintain a national registry of doctors enrolled and updated from those who are granted a license for carrying out professional stages, ensuring your communication to the competent administrative authorities in accordance with law; w) Appoint the representatives of the order, where necessary, to integrate, inter alia, commissions, boards, groups and panels. x) Exercise all other powers provided for in these bylaws and in the law. 2-the Standing Committee of the National Council the administrative implementation of the resolutions of the National Council, as well as the day-to-day management, and policy in order. Article 59 the National Audit Board 1 Composition-the national fiscal Council is made up of the Presidents tax councils, PRESIDENCY of the COUNCIL of MINISTERS and regional 38 a registered auditor, hired by the National Council. 2-the Chairman of the Supervisory Board is elected from among its members doctors. Article 60 national fiscal Council's competence for the national fiscal Council: a) give an opinion on the report of the accounts and the budget, presented by the National Council; b) National Council the suggestions of interest to understand the order; c) Consult any documents containing revenue and expenditure of the order, as well as the documents that authorize; d) exercise the powers laid down in these regulations too and in law; and your Regiment) approve the. Article 61 of the Board 1-the Board of Governors is the Court of the order, with functions of supervision and discipline. 2-the Board of Governors is elected by lists in regional constituencies, of which are set out in two alternates, defined in accordance with paragraph 3 of article 2. 3-For each constituency are elected five members. 4-In each constituency the discharge of the mandates is done according to the d'Hondt method. Article 62 PRESIDENCY of the COUNCIL of MINISTERS of the Council Composition 39 1-the Board of Governors is composed of 15 members, which fits designate the President, the Vice-President and the Secretary. 2-in the event of a tie, the President shall have the casting vote. 3-the Board of Governors shall have independent legal advice from other agencies.
Article 63 the Council Powers higher than 1-it is the Board of Governors: a) to ensure the legality of the activity exercised by bodies of the order and exercise powers of inspection; b) decide appeals of decisions made by any organ of the order; c) Decide, in disciplinary matters, the appeals of decisions handed down by regional councils; d) Decide the disciplinary proceedings in which they are accused the Chairman and the members of the Board of Governors or of the National Council; and standardize the performance of Councils) discipline; f) deciding on requests for excuse, manifest conflict of interest in the PRESIDENCY of the COUNCIL of MINISTERS 40
assign roles, of resignation and temporary suspension from Office, as well as to judge the capabilities of the decisions of the bodies of the order determining the loss of position of any of its members or declare the offside verification; g) deliberate on impediments and losses of Office of Office of its members and suspending them pre-emptively, in case of lack discipline, during the respective process; h) Convene meetings of the sub-regions, regions, and general meetings, when the deadline is exceeded for its convening; I) decide on the partial or total disability, temporary or permanent, for the exercise of the medical profession, in accordance with this Statute; j) verifying legal compliance and Office of referendums; k) Assess and decide doubtful cases and enjoy the omissive cases of this Statute and the regulations of the order. 2-When the Board of Governors shall act in accordance with subparagraph (d)) of the preceding paragraph shall apply, mutatis mutandis, the rules governing the proceedings of disciplinary councils regional terms, as set out in the annex to this Statute forming an integral part thereof. 3-the resources to bring to the Board of Governors are restricted to questions of legality of the contested decisions. 4-resources for the Board of Governors are mandatory and have suspensive effect, and shall be decided within 45 days, consider themselves to be rejected. Article 64 1-judicial review of the decisions made by the Board of Governors appeal to the Court PRESIDENCY of the COUNCIL of MINISTERS competent administrative 41. 2-Has legitimacy to challenge the legality of the acts and regulations of order: a) stakeholders, in accordance with the laws of the administrative process; b) the public prosecutor's Office. Article 65 disciplinary regional Council-regional level 1, the disciplinary jurisdiction of the order shall be chaired by the regional Council, elected by the respective regional electoral Assembly.
2-The regional councils are elected by lists in regional constituencies defined under paragraph 3 of article 2, being voted the most voted list. Article 66 the Disciplinary Committee Composition 1-the regional disciplinary board consists of a regional member for every 1 500 physicians enrolled in the respective region, and, in the case of the number of members be aware, is elected another Member, a minimum number of seven members. 2-in the lists that are to be included in suffrage, as alternates, three names of doctors, for the replacement of some of the members, in case of death, incapacity or resignation. 3-at the beginning of each term, the regional Council appoints the President and a Vice President, to replace the first in case of absence or impediment. 4-the regional disciplinary board can resort to legal advisory services. Article 67 PRESIDENCY of the COUNCIL of MINISTERS of the regional disciplinary board Skills 42 1-they are attributions of the Disciplinary Council judge infractions to conduct regional and the exercise of the medical profession, provided for in these bylaws. 2-the infractions committed by any member of one of the regional councils are hereby directed and judged by one of the other regional councils, by drawing lots. 3-it is the responsibility of regional councils to exercise disciplinary powers in respect of all those engaged in legally and have practiced medicine facts constituting conduct infractions in the respective region. Article 68 disciplinary power and process 1-the order shall, with respect, inter alia, by the audience and defence rights, the disciplinary authority over those engaged in legally the medical profession in Portugal. 2-rules relating to general principles of disciplinary jurisdiction and the performance of the agencies, the definition of disciplinary infraction, the typification and the characterization of the respective sanctions, as well as all other rules concerning disciplinary action and the processing of disciplinary procedure are those laid down in the annex to this Statute and forming an integral part thereof. Article 69 1 Specialty Colleges-colleges of specialty and competence are technical and advisory bodies of the order and integrate qualified physicians in different specialties. 2-Through of the colleges, the order: a) participates in the scientific and professional activity of medical societies in Portugal PRESIDENCY of the COUNCIL of MINISTERS 43 existing or create; b) Formulates technical standards, and other guidance relating to professional practice. 3-there are so many schools, how many specialties and competencies. 4-under the specialty colleges can be created sections of subspecialties.
Article 70 1 College General Assembly-the general meeting of the College consists of all doctors registered in the respective College, in full enjoyment of their statutory rights, and meets at least once during the first year of the mandate. 2-the general meeting is convened by the Board of the College, by the National Council, the President of the order or 10% of its members. 3-the general meeting shall: a) Deliberate and recommend on matters pertaining to the exercise of the competence and expertise, or about the operation of the respective College, to propose to the National Council; b) give its opinion on all matters of interest to its members, particularly with regard to professional practice; c) approving votes of no confidence and propose to the Council the resignation of the national direction of the College, after convened specifically for that purpose and if present the absolute majority of members enrolled in high school. 4-the assemblies are presided over by the President of the Board and any person appointed by the COUNCIL of MINISTERS PRESIDENCY two 44 Board members appointed for that purpose by that. 5-the general meeting shall be convened by a notice published on the website of the order and the national magazine of the order, with minimum antecedence of 30 days, in the case of general meetings. 6-in case of evident urgency, the general meeting can be convened by letter.
Article 71 composition of directions of the colleges of specialties and competencies 1-Each college is headed by a minimum of three and a maximum of 15 members, of each other, choose the President. 2-The directions of the colleges are elected among peers in them, from among lists according to the system of simple majority. 3-the direction of the College takes over national Council and can be by this destitute whenever incur serious and reiterated its competences, going on, in this case, place the new elections. 4-the Presidents of the colleges are technical advisers of the National Council of education and medical education and the National Council for vocational training. Article 72 competence of directions of the colleges and it is for the skills of specialty colleges: directions to) Promote the professional and scientific relations; b) to ensure the enhancement of medical technique and the observance on the qualification of the same; c) Indicate members to juries of examinations of specialties, under PRESIDENCY of the COUNCIL of MINISTERS as provided for in this Statute 45; d) participate in the National Council of education and medical education and the National Council of vocational training; and) issue opinions in national or regional issues presented by the National Council and regional councils respectively; f) issue opinions on matters of scope of the disciplinary jurisdiction of these submitted by regional councils and the Board of Governors; g) Issue technical opinions on questions submitted by the National Council and the medical regional councils or by the judicial or administrative authorities; h) promote articulation between the order and the medical scientific societies; I) draw up their rules of procedure and propose them to the Council; j) Indicate, experts from among its peers; k) Propose the respective specialty training program; l) Propose the definition and revision of the criteria for the determination of suitability and training capacity of establishments and health services. Article 73 medical residency programs in accordance with the provisions of the scheme, it is up to the physician Order boarding school to propose to the Member of Government responsible for health care the medical residency training programs, as well as your review every five years. Article 74 suitability of services and training capabilities in accordance with the provisions of the scheme, it is up to the physician Order boarding school to propose to the PRESIDENCY of the COUNCIL of MINISTERS 46 member of the Government responsible for the area of health the development and revision of criteria of suitability and training capacity, as well as the identification of suitable services and related training capacity.
Article 75 specialties, subspecialties and competencies 1-is the sole and exclusive jurisdiction of the order the recognition of the individualization of the specialties, subspecialties and medical and surgical skills, the corresponding medical, vocational qualification awarding the respective title of specialist and authorisation for the corresponding financial year, in accordance with this Statute. 2-only doctors registered on the Board of experts, subespecialistas and competencies of the order may use the respective title and be a part of the corresponding school. Article 76 1 Competence-the order can also recognize a technical differentiation, designated as competence, based on technical and professional qualifications that may be common to several specialties, through a proper curriculum assessment, carried out by commissions appointed for this purpose under the conditions laid down in regulation. 2-The holders of medical competence provided for in the preceding paragraph of the colleges. Article 77 national advisory councils Composition 1-with the exception of the National Council of internal medicine, each National Advisory Council consists of a President and eight vowels, as designated by the National Council of PRESIDENCY of the COUNCIL of MINISTERS 47 doctors with recognised competence in the respective sector. 2-the Council may, on a proposal from the respective national Advisory Council, designate technical advisors. 3-the National Council of internal medicine is elected by doctors, among these lists and according to the simple majority system, applying electoral rules laid down for the specialty colleges. Article 78 1 Meetings-each Board meets whenever the respective President considers it necessary or when it is required by the National Council. 2-In cases of manifest impossibility of appearance and since the subject of the meeting, the members of the Board can issue an opinion in writing, sending it to the President in advance.
Article 79 the National Council of ethics and medical ethics for the National Council of ethics and medical ethics to ensure the observance of ethical standards, as regards duties to patients, the medical community and among themselves, sending opinion, whenever prompted for. Article 80 National Council of medical education and education for the National Council of education and medical education: a) collaborate with the National Council on scientific plan of the order; b) prepare reports and issue opinions on the pré-graduado education, the present PRESIDENCY of the COUNCIL of MINISTERS by Order 48 official entities;
c) Planning courses and improvement, with the collaboration of universities, medical schools and other institutions; d) Maintain a documentation and Information Centre national medical and scientific literature; and) issue opinions on scholarships and scientific prizes to be awarded in the order; f) Collaborate on education for public health; g) Cooperate, through the National Council, in the framework of the applicable legal regime, with the bodies responsible for orientation, programmes or schemes of medical education pré-graduado and paramedic. Article 81 the National Council for vocational training for the National Council for vocational training, through the National Council: a) Manage the processes of recertification of doctors enrolled and propose the respective regulation; b) issue an opinion on the issues related to continuing vocational training. Article 82 the National Council for the national health service and medical careers the National Council for the national health service and medical careers: the) issue opinions on matters related to the Organization of the service
PRESIDENCY of the COUNCIL of MINISTERS national health 49; b) issue opinions on matters related to the professional qualification in the field of medical careers. Article 83 National Council of private medical practice and agreed it is the National Council of private medical practice and agreed: a) an opinion on the conflicts in relationships between doctors and with other professionals or with official institutions or private individuals, in the exercise of private medicine and agreed; b) issue opinions on the legitimate interests of doctors as to taxation and about reports of fees. c) in conjunction with the schools and the scientific societies, promote regular review and updating of the table of nomenclature codes and relative complexity of the medical acts and propose to your approval to the National Council. Article 84 national social solidarity Council of doctors for the National Council of social solidarity of physicians: a) to propose to the National Council a plan of social solidarity of physicians in disease, disability and retirement, extended to their dependent family members, without prejudice to your inserting a national social security system; b) Integrate the bodies responsible for guidance, programs or social security schemes, where it is legally determined; c) Participate in the management of the solidarity fund of the order and offer, on a regular basis, the review and update of the same Fund;
PRESIDENCY of the COUNCIL of MINISTERS 50 d) Contribute, in partnership with the regional councils, to develop regional plans of social support to physicians in the third age, in particular with the creation of the «social houses. Article 85 the National Council for the prevention of medical malpractice and serious adverse events for the National Council for the prevention of medical errors and serious adverse events prepare studies and propose to the Council the adoption of national measures to decrease or eliminate medical errors or serious adverse events, as well as develop and carry out a national register of serious adverse events and medical errors. Article 86 National Council for the award of the scientific sponsorship for the National Council for the award of the scientific sponsorship: the) issue opinions on the scientific sponsorship of the order the scientific events and training actions, including conferences, lectures and training courses; b) issue an opinion on the issues related to medical training. Article 87 National Graduate Council of the National Council of graduate school: the) issue opinions in the field of medical internships, particularly with regard to requests for equivalency requested by interns, under the respective legislation; b) issue an opinion on the issues related to medical autonomy and specific training. Article 88 PRESIDENCY of the COUNCIL of MINISTERS 51 national medicines policy Council the Council of national medicines policy issue opinions on the matters relating to medicines policy. Article 89 National Council of long-term care for the National Council of the long-term care issue opinions on the matters related to the continuum of care. Article 90 National Council for health informatics technologies for the National Council for health informatics technologies deliver an opinion on matters related to computer technologies in health. Article 91 the National Council for the audit and the National Council for quality audit and quality: the) issue an opinion on the matters related to auditing and quality in health; b) Participate with the colleges, in the development of clinical guidelines; c) participate in quality audits carried out on national territory; d) Participate in the definition of quality indicators in health; e) promote training in the area of health audit. Article 92 National Council of ecology and health promotion PRESIDENCY of the COUNCIL of MINISTERS of the 52 National Council of ecology and health promotion: the) issue opinions on ecology and health promotion and to promote studies and initiatives in the area of your mission; b) Promoting contacts with the institutions of social solidarity and with patient associations, with a view to the promotion of health and healthy living practices. Article 93 National Council of internal medicine for the National Council of internal medicine: a) promote scientific and professional relations of doctors in training; b) Enjoy, discuss and give advice on matters relating to medical internships at the request of the National Council; c) comment on the themes proposed by the National Council, regional councils or individual or collective medical, emitting sound or participating in meetings and working groups; d) prepare studies and proposals own or in collaboration with other organs of the order, in particular in matters relating to boarding school doctor; and Promoting the participation of doctors) in solving their problems;
f) represent the order, by delegation of the National Council, at the national and international authorities and related bodies with the interns;
PRESIDENCY of the COUNCIL of MINISTERS 53 g) Propose the designation of technical advisors, in accordance with the law and these bylaws; h) Cooperate, within the legal framework applicable to bodies responsible for orientation, programmes and schemes of postgraduate medical guidance. I) to ensure the enhancement of medical internship; j) Propose, so grounded, the National Council on the revision of idoneidades and training capabilities and specialty boarding schools programmes, in accordance with these regulations. Article 94 1-solidarity fund the solidarity fund of the order aims essential to grant social benefits to the medical profession, and is managed by the National Council, through an Executive Committee named by this. 2-the social benefits referred to in the preceding paragraph, whose assignment conditions are determined by regulation, covering, in particular: (a) Support in kind and cash) to physicians in a situation of economic shortage; b) support to older doctors; c) support orphans children of doctors.
Article 95 of the Constitution the solidarity fund the Solidarity Fund comprises: a) the rights, obligations and the assets of the defunct Provident Fund of the PRESIDENCY of the COUNCIL of MINISTERS 54
Portuguese Doctors; b) regular financial contributions, to this title, the National Council for the solidarity fund annually and that in no case may be less than 2% of quotas effectively collected; c) donations, legacies and donations that are made to order, with the express mention of the solidarity fund. Article 96 incompatibility with the exercise of the medical profession is incompatible with the exercise of the medical profession: a) the practice of the profession of pharmacist; b) Be owner, partner or company owner manager of the funeral home. Article 97 1-vocational qualification titles the order assigns the following professional titles, which recognize technical differentiation of their holders: a) Doctor; b) specialist.
2-the order assigns the qualifications of medical specialist with subspecialty and physician competence. 3-the doctor is entitled to exercise professional autonomously medical activity. 4-the specialist is the professional enabled with a differentiation that matches a set of specific knowledge, obtained after the frequency, with PRESIDENCY of the COUNCIL of MINISTERS 55 exploitation, specialized training in an area of medical knowledge and entered in the respective specialty school. 5-the competence is the title that recognizes professional and technical qualifications common to several specialities and which can be obtained by any doctor or specialist, through appropriate curriculum assessment, carried out by a Committee appointed for this purpose by the National Council. 6-the title of specialist doctor is awarded in the following areas: a) Pathology; b) Anesthesiology; c) Angiology and Vascular Surgery; d) Cardiology; and) Pediatric Cardiology; f) cardiac surgery; g) cardiothoracic surgery; h) General Surgery; I) maxillofacial surgery; j) Pediatric Surgery; k) plastic surgery, reconstructive surgery and aesthetic; l) thoracic surgery; m) Dermatology and Venereology; n) Infectious Diseases; the) Endocrinology and nutrition; p) Stomatology;
PRESIDENCY of the COUNCIL of MINISTERS 56 q) gastro-enterology; r) medical genetics; s Gynecology/Obstetrics); t) Thus specialty; u) Imunohemoterapia; v) Specialty of clinical pharmacology; w) Hematology Clinic; x) sports medicine; y) occupational medicine; z) physical medicine and rehabilitation; AA) General and Family Medicine; BB) internal medicine; CC) forensic medicine; DD) Nuclear Medicine; EE) Tropical Medicine; FF) Nephrology; Gg) Neurosurgery; HH) Neurology; II) Neuroradiology; JJ) Ophthalmology; KK) Medical Oncology; LL) Orthopaedics;
PRESIDENCY of the COUNCIL of MINISTERS 57 mm) Otolaryngology; nn) clinical pathology; 00) Peds; pp) Pulmonology; QQ) Psychiatry; RR) Psychiatry for children and adolescents; SS) Radiology; TT) Radioncologia; uu) Rheumatology; VV) public health; WW) Urology.
Article 98 Inscription 1-the role of the professional title, your use and the practice of the profession of doctor depend on the inscription in the order. 2-Can subscribe to order: a) The holders of a Bachelor's degree in Medicine conferred following a course of study for degree conducted within the framework of the Organization of previous studies to study organisation scheme introduced by Decree-Law No. 74/2006, of March 24, as amended by decree-laws Nos. 107/2008, of 25 June, PRESIDENCY of the COUNCIL of MINISTERS 58 230/2009 , of 14 September, and 115/2013, of 7 August; b) holders of a master's degree in Medicine awarded following an integrated masters course held within the framework of the Organization of study introduced by Decree-Law No. 74/2006, of March 24 amended by decree-laws Nos. 107/2008, of June 25, 230/2009, of September 14, and 115/2013, of 7 August; c) holders of higher degrees in Medicine who have been granted equivalence to one of the degrees referred to above; d) professionals nationals of Member States of the European Union or European economic area whose qualifications have been obtained outside Portugal, in accordance with article 114 3-the entry of third-country nationals whose qualifications have been obtained out of Portugal, and to which they apply the provisions of subparagraph (c)) of the preceding paragraph, also depends on a guarantee of reciprocal treatment under international Convention, including Convention concluded between the order and the counterpart authority of the country of origin of the person concerned. 4-Can also subscribe in order: a) The professional societies of physicians, including branches of associations of physicians constituted under the laws of another State, in accordance with article 116; b) permanent representations in the national territory of associations of physicians constituted under the law of another State if they wish to be the COUNCIL of MINISTERS PRESIDENCY 59 members of the order, pursuant to article 117 5-exercise occasionally and sporadic in the national territory of medical activity, under the freedom to provide services, by nationals of Member States of the European Union and the European economic area , whose qualifications have been obtained outside Portugal shall apply the provisions of article 6 115-the acceptance of the candidates referred to in (c)) and d) of paragraph 2 and in paragraph 3 is still conditional on proof of language proficiency required for the exercise of medical activity in Portugal, in accordance with the law No. 9/2009, on March 4, as amended by laws Nos. 41/2012 , 28 August, and 25/2014, may 2.
Article 99 Refusal of entry 1-the inscription on the Order can only be refused on grounds of lack of legal qualifications for the practice of the profession in inhibition by court judgment which has become final and on non-approval on proof of medical communication. 2-After examination of the application for registration, if the competent regional Council acts in order to refuse the application for registration, it shall notify the applicant, stating this intention and granting him a term of no less than 10 working days to rule. 3-after the hearing of the person concerned and whether the competent regional Council maintains the intention to refuse the inscription, decision, duly substantiated shall be notified to the party concerned.
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4-The regional Council deliberation refusing the registration appeal to the Board of Governors and to the administrative courts, in general terms. Article 100 exercise period without autonomy 1-Without prejudice to the provisions laid down in (c)) and d) of paragraph 2 of article 98, once, accepted the application, all applicants who are not in the situations provided for in the following article, applies the scheme of the period of professional practice without autonomy. 2-During the exercise period without autonomy, the doctor can only carry out clinical activity when accompanied by your advisor or, in the absence thereof, by the autonomous exercise enabled the medical profession.
Article 101 Inscription to the autonomous exercise of medical activity 1-registration for the autonomous exercise of medicine depends on the completion of traineeship and approval under review aimed at assessing the level of practical and theoretical knowledge. 2-Are exempted from carrying out the training course and the examination referred to in paragraph 1 applicants who, under the provisions of the medical internship scheme, are enabled to the autonomous exercise of medicine. 3-stage and may be dismissed or the completion of the exam, those who are recognized relevant professional experience shows the level of theoretical and practical knowledge that enable the autonomous exercise of medical activity. 4-for the purposes of the dispensations provided for in the preceding paragraph, applicants must submit a resume which included: PRESIDENCY of the COUNCIL of MINISTERS the 61) detailed information on the material taught during the undergraduate academic education; b) information about the stages of postgraduate training, with the identification of the places where it took place and, if any, the respective evaluation; c) activity developed during the stages, with information of the respective directors of service; d) attestation of professional activity carried out; and) other data that the candidate considers relevant. 5-exemption from the implementation of the internship is granted by the competent regional Council, after consideration of the curriculum by the jury referred to in article 110 article 102 documents and formalities 1-the application for registration is submitted to the regional Council area of residence or the area where the doctor will settle for exercising the profession and must be accompanied by the following documents : a) photocopy of the identity document; (b) proof of academic qualification required), in original or public-order, or, failing that, proof of which has been required and is ready to be dispatched; c) criminal record certificate issued less than three months; d) photocopy of ID, not always included in document identified in subparagraph (a)); and completed in accordance with regulatory Bulletin), signed by the person concerned and accompanied by three photographs.
PRESIDENCY of the COUNCIL of MINISTERS 62 2-for registration as a physician enabled the autonomous exercise of the profession, is dismissed the presentation of documentary evidence of academic qualification required, when it let the order files already. 3-in the application, the applicant must indicate, for use in the exercise of the profession, short name, which is not to be accepted if it is likely to cause confusion with another previously requested or registered, unless the possessor of this with that have agreed to and accepted order.
Article 103 goals of traineeship completion of traineeship aims application in real work context, the theoretical knowledge arising from academic training, the development of the ability to solve practical problems and the acquisition of skills and working methods which are essential to a competent and responsible exercise of medicine, including technical aspects, ethical, scientific and interpersonal skills. Article 104 characterization of the traineeship 1-without prejudice to the legal rules applicable to boarding school doctor, the traineeship takes place in establishments and health services, recognised as suitable for the purpose and concluding with the order a professional stage Protocol. 2 it is mandatory to appoint a supervisor to stage direct and supervise the respective professional internship. Article 105 PRESIDENCY of the COUNCIL of MINISTERS 63 organization of professional internships the Organization of professional internships, as well as the maintenance of the national register of establishments and health services and of their respective advisors, is the responsibility of the order.
Article 106 duration of the traineeship 1-the period of traineeship lasts for 12 months, including 22 working days of vacation. 2-the trainee must, during the probationary period, the exercise of specific activities of the medicine your professional activity throughout the work week and is unable to accumulate other functions, except teaching functions. 3-is considered specific activity of medicine, namely, the medical intern activity with the establishment or health service recetor, stage work with the Advisor training course, attendance at training courses, seminars and conferences organised or certified by order and the study of matters relating to activities carried out under the professional stage. 4-the beginning of the training period coincides with the beginning of functions in an establishment or health service. 107 stage arrangements PRESIDENCY of the COUNCIL of MINISTERS 64 1-interns are placed in training places upon the conclusion of a contract of apprenticeship. 2-The trainee is granted, on a monthly basis, a training course, assigned by the establishment or health service where he holds the professional stage. 3-doctor trainees applies, with any necessary adaptations, arrangements for holidays, absences and leave, with or without loss of pay, in effect for a medical career.
4-the system and daylight activity of trainees shall be determined and programmed in identical terms to the doctors in medical career. 5-the provision in emergency department or similar, which exceeds the 12 hours a week, should be without prejudice to the objectives set for the professional stage. 6-During the internship, the intern must receive personal accident insurance and occupational insurance, hiring by himself or by the recetora. 7-the entire traineeship lacks a place of internship. 8-the order must promote the creation of internship sites, celebrating professional stage protocols with establishments and health services recognized by the order as suitable and with capacity for this purpose. Article 108 suspension of traineeship period 1-the trainee can, by virtue of cogent reasons, duly justified request to order the suspension of your probationary period and must therefore indicate the foreseeable duration of the suspension. 2-the suspension, in any case, shall not exceed the maximum duration of 12 months, followed or interpolated.
PRESIDENCY of the COUNCIL of MINISTERS 65 3-In case of pregnancy, maternity and paternity leave, the period of 12 months referred to in the preceding paragraph may be extended, if the trainee requests and demonstrate its need.
Article 109 extended professional internship 1-the professional internship period can be extended, upon reasoned request, directed by the trainee to order and accompanied by assent of the internship Advisor. 2-the extension may be granted only once and for period not exceeding six months. Article 110 final exam and completion of stage 1-When the intern complete the duration of the traineeship must perform before a national jury, an examination may consist in the realization of a written test and an oral test, where are the theoretical and practical knowledge of the medical intern. 2-the jury assigns to the applicant, inform, and according to the evidence, a final ranking of ' Approved ' or ' not approved '. 3-the jury referred to in the preceding paragraphs has nationwide and is appointed by the National Council, heard the national graduate Council. 4-the date of completion of the traineeship is the date on which it is assigned to the trainee, by majority vote of the members of the jury and approved by the Council PRESIDENCY of the COUNCIL of MINISTERS, the national classification of 66 «accepted». Article 111 1-subscription to lapse the trainee's registration in the order shall lapse if the intern get in the final classification of ' unapproved '. 2-the expiry of the registration in Order while an intern shall not prevent the new subscription and new achievement of traineeship. Article 112 Exercise autonomous and inscription as doctor 1-after completion of the traineeship and passing the exam, the order recognizes the applicant permission to the autonomous exercise of medicine, without any type of guardianship. 2-the applicant must request, by the order, your registration as a doctor. Article 113 Professional 1 Ballot every doctor is delivered to respective professional certificate, which serves as a proof of inscription in the order. 2-it is the National Council define the characteristics of the ballots, including the respective expiration date and the governing model, as well as other elements which it considers suitable for the identification of doctors. 3-the doctor in the performance of their duties must make proof of your registration, by means of valid professional certificate to display or gasket by photocopy, as appropriate, or through other appropriate identification for both approved by the National Council.
PRESIDENCY of the COUNCIL of MINISTERS-67 4 the doctor suspended or cancelled registration must return to the regional Council in which subscribed the professional card. 5-by each professional card is charged by regional councils the sum fixed by the National Council, which is the revenue order.
Article 114 right of establishment 1-the recognition of professional qualifications of national of a Member State of the European Union or European economic area obtained outside Portugal for your registration as a member of the order shall be governed by the law No. 9/2009, on March 4, as amended by laws Nos. 41/2012, 28 August, and 25/2014, may 2 without prejudice to the special conditions of reciprocity if the qualifications in question have been obtained outside the European Union or the European economic area. 2-the professional wishing to enroll in the order pursuant to the preceding paragraph and providing services, of sub-ordinate or or as a partner or to act as the Manager or administrator in the Member State of origin, in the context of associative organization of professionals, subject to the provisions of paragraph 4 of article 37 of law No. 2/2013, January 10 , must identify the organization concerned in the application pursuant to article 47 of law No. 9/2009, on March 4, as amended by laws Nos. 41/2012, 28 August, and 25/2014, may 2. 3-If the fact that reporting in accordance with the preceding paragraph occur after submission of the application for recognition of qualifications, the associative organization concerned must be identified before the order within a maximum of 60 days.
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Article 115 freedom to provide services 1-the professionals legally established in another Member State of the European Union or the European economic area and develop activities comparable to medical professional activity regulated by this Statute, may exercise them, occasionally and sporadic, in national territory, under the freedom to provide services, in accordance with the law No. 9/2009, of 4 March , as amended by laws Nos. 41/2012, 28 August, and 25/2014, may 2. 2-the professionals referred to in the preceding paragraph may make use of the professional title of doctor and are treated as doctor, for all legal purposes, except when otherwise result from the provisions concerned. 3-professional service, subordinate or autonomous form or as a partner or to act as the Manager or administrator in the Member State of origin, in the context of associative organization of professionals and intend to pursue your professional activity in national territory as such, under the freedom to provide services, must identify before the order the associative organization on the which provides services in the statement referred to in article 5 of law No. 9/2009, on March 4, as amended by laws Nos. 41/2012, 28 August, and 25/2014, may 2. Article 116 1 Professional Societies-the doctors established in national territory may exercise in group a profession from which constitute or join as partners in professional societies of PRESIDENCY of the COUNCIL of MINISTERS 69 doctors.
2-can still be members of professional societies of doctors: the medical professional Societies) previously set up and registered as members of the order; b) associations of professionals treated as doctors set up in another Member State of the European Union or the European economic area, whose capital and voting rights fit mostly to professionals concerned. 3-the judgement of equivalence referred to in point (b)) of the preceding paragraph is governed:) As to nationals of a Member State of the European Union or the European economic area, by paragraph 4 of article 1 of the law No. 9/2009, on March 4, as amended by laws Nos. 41/2012, 28 August, and 25/2014, may 2; b) as third-country nationals whose qualifications have been obtained out of Portugal, by the regime of reciprocity applicable internationally. 4-medical societies enjoy rights and are subject to the duties applicable to professional members of the order that are compatible with your nature, being particularly subject to deontological principles and rules contained in this Statute. 5-the members of the executive bodies of the professional societies of physicians, regardless of your quality of members of the order, shall respect the deontological principles and rules, the technical and scientific autonomy and guarantees provided to doctors by law and by these bylaws. 6-professional medical societies is not recognized electoral capacity.
PRESIDENCY of the COUNCIL of MINISTERS 70 7-medical societies can still engage in any other activities which are not inconsistent with the medical activity, or in respect of which there is impediment pursuant to these regulations, these activities are not subject to the order. 8-the formation and operation of professional societies consists of own diploma. Article 117 associations of professionals from other Member States 1-associative organizations of similar professionals to doctors set up in another Member State of the European Union or the European economic area for the exercise of professional activity, whose Manager or administrator is a professional whose capital with voting rights fit mostly to professionals concerned or to other associations whose capital and voting rights fit mostly those professionals , can subscribe to the respective permanent representations in Portugal, formed under the commercial law, as members of the order, being as such regarded as medical societies for the purposes of this Act. 2-capital requirements referred to in the preceding paragraph shall not apply if the associative organization has no capital stock, by applying, in your place, the requirement of attribution of the majority of voting rights of the professionals there. 3-the judgement of equivalence referred to in paragraph 1 is governed:) As to nationals of a Member State of the European Union or the European economic area, by paragraph 4 of article 1 of the law No. 9/2009, on March 4, as amended by laws Nos. 41/2012, 28 August, and 25/2014, may 2;
PRESIDENCY of the COUNCIL of MINISTERS 71 b) as third-country nationals whose qualifications have been obtained out of Portugal, by the regime of reciprocity applicable internationally. 4-the legal system of registration of associations of professionals from other Member States in the diploma which regulates the creation and functioning of professional societies. 5-associative organizations of professionals from other Member States is not recognized electoral capacity. Article 118 Other people providers who provide medical services conferences and not set up in the form of professional societies and do not wish to register in accordance with the previous article, don't require registration in the order, being compulsory in order of those professionals engaged in the respective activity, in accordance with this Statute. Article 119 1 subscription Suspension-the inscription on the order is suspended at the request of the person concerned, addressed to the regional Council, when you want to temporarily stop the practice of the profession. 2-the application referred to in the preceding paragraph must be reasoned and accompanied by the respective professional certificate, and proof of payment of the respective settlement shares up to the date of intended suspension. 3-the inscription is still suspended for doctors who have been applied the sanction of suspension or to those who have been applied to preventive suspension, as well as in other cases provided for in this Statute.
4-the suspension of registration precludes the exercise of the profession by the doctor and desonera-PRESIDENCY of the COUNCIL of MINISTERS 72
the payment of quotas during the period of your life. 5-the period of suspension referred to in paragraph 1 may not be less than six months, unless special justification presented by the applicant and approved by the regional Council. 6-suspension of registration only takes effect after notification of its decision to the doctor, except for cases where the regional Council decides to assign him retroactive effectiveness. Article 120 suspension lifted the suspension of registration is up: a) at the request of the person concerned in the cases referred to in paragraph 1 of the preceding article; (b)) When the period of suspension referred to in paragraph 3 of the preceding article. Article 121 unsubscribing is cancelled the registration: a) The physicians who are punished with disciplinary sanction of expulsion; (b)) To request, since they deliver the ballot and quotas in professional debt or liquidate; c) in other cases expressly provided for in these bylaws and regulations.
Article 122 Endorsements to PRESIDENCY of the COUNCIL of MINISTERS-73 1 Are entered to the register of registration: the provisional registration) the conversion in final; b) your cancellation, indicating the fact that motivate; c) the suspension of the registration; d) Any disciplinary action after the respective decision has become final transit; and) the lifting of the suspension, with indication of the fact that motivate; f) positions to exercise or have exercised in order; g) changes of domicile and any other relevant facts. 2-The registration certificates do not contain endorsements of disciplinary sanctions, except as required in full by the person concerned or in the case of penalties of suspension or expulsion during your implementation. Article 123 entry in 1-A schools inclusion in specialty schools and respective sections is required to the regional Council of the area in which the doctor is registered. 2-the statement of the application for registration is the subject of rules of procedure of the order. Article 124 requirements for registration in the specialty colleges Are enrolled in the colleges of specialty doctors: a) Showing have been approved in the final exam of medical internship, in accordance with applicable law; b) are approved in specialty exam performed before jury designated by the order;
PRESIDENCY of the COUNCIL of MINISTERS 74 c) to obtain the automatic recognition of their professional qualification, in accordance with national and European legislation relating to professional qualifications; (d)) to obtain the recognition according to the General system of the respective professional qualification, in accordance with national and European legislation relating to professional qualifications; and obtain the equivalence,) appreciation of the respective curricular title. Article 125 Registration Procedure in specialty colleges 1-requests for entry in specialty colleges, which have as their foundation the conclusion, successfully, the boarding school doctor or a specialist who benefit from automatic recognition scheme, in accordance with national and Community legislation, are appreciated by the regional Council. 2-the other applications for registration in schools are appreciated by a national jury, appointed by the National Council, on a proposal from the respective College. 3-In your judgement, the jury compares compulsory training and experience demonstrated by the applicant and that which is required by national legislation for the award of the title of specialist in question.
4 – the opinion of the jury is well-founded and it can be concluded that: a) the conditions for the award of the title of specialist, because there are no substantial differences between training and demonstrated experience and those that are required for Portuguese doctors; (b)) the applicant shall carry out stage of further training in appropriate service, have proven less than training in at least one year, the Presidency of the Council of MINISTERS required 75 in Portugal, or because the applicant's proven training covered substantially different matters from those covered by the title of specialist in Portugal; c) duty to perform specialty examination before a jury designated by the order have proven training duration less the required in Portugal, but less than one year. 5-Issued the opinion referred to in the preceding paragraph, the process is present at National Council for approval, without prejudice to the application of the code of administrative procedure whenever you show need. 6-The resolution of the National Council to refuse the registration appeal to the Board of Governors and to the administrative courts, in general terms. Article 126 specialty Exam 1-finals of specialty must appear in a curriculum and test of theoretical and practical evidence. 2-the proof is in the curriculum, evaluation and discussion check the resume of the candidate. 3-the total duration of the curricular evidence should not exceed 2 1/2 hours. Article 127 practical test in clinical specialties 1-each candidate is assigned a sick, drawn from a predetermined set, featuring the doctor an hour and a half to observe and may perform non-invasive techniques of specialty that are appropriate and possible. 2-After the note referred to in the preceding paragraph the doctor shall draw up a report which appears in clinical history, the objective examination and clinical diagnosis as well interim PRESIDENCY of the COUNCIL of MINISTERS 76 as your justification, ending with the written request of the complementary examinations it deems convenient for definitive diagnosis. 3-for the preparation of the report indicated, the candidate has an hour and a half. 4-Received the tests required, the candidate has 1 minute to draft final report, which is in the evaluation of complementary examinations, the discussion of the differential diagnosis, therapy and prognosis proposal. 5-During the period mentioned in the preceding paragraph, the physician can observe the patient and perform non-invasive techniques of specialty that are appropriate and possible. 6-the jury of the examination may, if it considers that it is justified and before the start of the tests, extend one of the periods listed for over 1 hour. 7-the final report is read before the jury, after which are more than 12 hours after the start of the race. 8-the final report is appreciated by at least three of the members of the jury, which feature for the effect of 15 minutes each, featuring the candidate of equal time to respond.
Article 128 practical test in the clinical 1-not specialties In clinical, not specialties practice is made up of the technical execution of the specialty, including an autopsy, laboratory or radiographic examination, organized in a way similar, mutatis mutandis, to the evidence of clinical specialties. 2-the execution of proof is assisted by at least one member of the jury. Article 129 PRESIDENCY of the COUNCIL of MINISTERS theoretical Proof 1-77 the theoretical proof consists in questioning of the candidate by at least three members of the jury, on different themes. 2-Each jury member has a maximum of 15 minutes to log issues, featuring the candidate of equal time to reply. 3-the total duration of the test shall not exceed 2 1/2 hours. Article 130 registration Charges on order, in colleges, specialities in sections of subspecialties, as well as for conducting exams and for issuing professional card, are due.
Article 131 conditions for carrying out vocational training stages 1-can be assigned authorizations for the conduct of training courses of vocational training to nationals of Member States of the community of Portuguese Language countries (CPLP), which gather the following cumulative requirements: a) Are proven to be registered as doctors in order in your counterparts authorities country of origin or of provenance , since both the CPLP; b) Present the plan of professional internships, with indication of your scope, duration and services or units where they are carried out, as well as the identification of the PRESIDENCY of the COUNCIL of MINISTERS 78 doctor or medical experts responsible for the guidance of those stages; c) the stages to perform arising in services recognised by the order with the reputation and training capacity. 2-requests for the granting of temporary licenses should be directed to the regional Council area where the stages taking place and are instructed, under the conditions laid down in a regulation to be approved by the order. 3-the preceding paragraphs may be applicable for professional internships for nationals of other States with which the Portuguese State has concluded cooperation agreements in the field of health, heard the order. Article 132 restrictions on the exercise of the activity assigning authorization to carry out professional training stages, under the conditions laid down in the previous article, only allows your holder practice medical acts under the respective stage and always under the supervision of specialist doctor. Article 133 the rights and duties of Those who are authorized to carry out stages of vocational training have the rights and shall be subject to the duties set out in these regulations which are not inconsistent with your situation. Article 134 register of authorisations the order organizes a national register of authorisations granted and which are in force in each moment. 135.3 PRESIDENCY of the COUNCIL of MINISTERS General Principles of conduct 1 79-the doctor should exercise your profession according to the leges artis with the utmost respect for the right to health of people and the community. 2-the doctor, in the exercise of your profession, you have the right to a fair remuneration. 3-the doctor should refrain from practices not justified by the interest of the patient or to require or create false needs. 4-the doctor, in the exercise of your profession, must in so far as this does not conflitue with your patient's interest, to protect society, ensuring a conscious exercise, seeking greater efficiency and effectiveness in rigorous management of existing resources. 5-the doctor should provide your professional activity without any form of discrimination.
6-the doctor, the extent of its possibilities, knowledge and experience, must, in any place or circumstance, provide emergency treatment to people who are in immediate danger, regardless of your specific function or your specialized training. 7-the exercise of the right to strike may not violate the principles of medical ethics and doctors ensure the care that cannot be postponed for patients. 8-the doctor should take care of your update permanent scientific culture and your technical preparation, and basic ethical duty to exercise diligent professional and technically suited to the rules of the medical art. 9-the doctor should have public and professional behavior appropriate to the dignity of your profession, without prejudice to the rights of citizenship and individual freedom. 10-the doctor should provide the best care to your range, with technical independence PRESIDENCY of the COUNCIL of MINISTERS and 80 professional conduct. 11-the doctor should provide adequate information to the patient and get your informed consent. Article 136 general principle of disclosure of medical activity 1-disclosure of your professional activity, the doctor should be guided by the interest of the patient to refrain from practices that require or create false needs. 2-advertising of medical activity must be purely informative public service conditions and the professional qualification of the doctor whose title is recognized by the order.
3-it is prohibited to physicians the information susceptible of being considered as warranty of performance or that can be considered as misleading advertising. 137 general principle of cooperation 1-whatever your professional status, the doctor should, with full respect for deontological principles, to support and collaborate with the health care providers. 2-your doctor may stop your collaboration in case of serious violations of individual rights, freedoms and guarantees of persons assigned, or serious violation of the dignity, freedom and independence of your professional action. 3-the doctor may also refuse to your collaboration in specific situations for which to invoke the right to conscientious objection.
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Article 138 1 conscientious objection-the doctor has the right to refuse the practice of your profession Act when such practices conflict with your conscience and offends their ethical principles, moral, philosophical, ideological, religious or humanitarian. 2-the objection of conscience is manifested before concrete situations, in document that can be registered in the order, signed by the doctor and conscientious objector notice to the Clinical Director of the health establishment, your decision should be communicated to the patient, or in your place provide the consent, in good time. 3-the objection of conscience cannot be invoked in urgent situation involving danger of death or serious health damage, if there is no doctor available who the patient can appeal. 4-conscientious objector cannot suffer any prejudice to personal or professional by exercising your right to conscientious objection. Article 139 1 Professional Secret-the secret medical professional requires and allows a base of truth and of mutual confidence and is an essential condition to the doctor-patient relationship, based on moral, social, professional interest and unethical for the privacy of private life. 2-the medical professional secrecy covers all the facts that have come to the attention of the doctor in the practice of your profession or because of her and comprises in particular: a) the facts revealed directly by the person, by others to your request or by a third party who has contacted during the provision of care or because 82 PRESIDENCY of the COUNCIL of MINISTERS; (b)) the facts observed by the doctor, from the clinical observation of the patient or of third parties; (c)) the facts resulting from the knowledge of additional means of diagnosis and therapy for the patient; d) the facts communicated by another doctor or health care professional, thanks, about the same, the secret. 3-the obligation of professional secrecy exists, whether the requested service has been rendered or not and whether or not remunerated. 4-professional secrecy remains after the death of the patient.
5-it is strictly forbidden to send patients for purposes of medical diagnosis or treatment to any entity not bound by professional secrecy. 6-Deletes itself from the duty of professional secrecy: a) the consent of the patient or, in case of impediment, of your legal representative, when the revelation does not harm third parties with an interest in the maintenance of professional secrecy; (b)) what is absolutely necessary to the protection of dignity, honor and the legitimate interests of the doctor, the patient or a third party, and may not in any of these cases the doctor reveal more than necessary, nor being able to do without permission of the Chairman; c) and showing a birth or a death; d) compulsorily notifiable diseases. Article 140 PRESIDENCY of the COUNCIL of MINISTERS ' rights 83 doctors with the order Are rights of doctors enrolled in the order: the order organs) elect and apply to respective elections, subject to the inelegibilidades established in the law and in these bylaws; b) Participate in the activities of the order; c) benefit from the services provided by the order, without any discrimination; d) Other laid down by law and in these bylaws.
Article 141 duties of doctors with the order Are duties of doctors: a) comply with the provisions of this Statute and other regulations; b) ethical standards governing the exercise of the medical profession; c) Participate in the activities of the order and keep them informed, in particular taking part in meetings or working groups; d) performing the functions for which is elected or appointed; and) Defend the good name and prestige of the order; f) Communicate the order within 30 days, the change in any one of your professional and personal or household, or any other situation that affects on your identification; g) Participate in the formation and in the pre-and post graduated medical evaluation; h) Pay the quotas and fees.
PRESIDENCY of the COUNCIL of MINISTERS article 142 84 relationships with other health professionals the doctor, in their relations with other health professionals, must respect your independence and dignity. Article 143 Duty of cooperation 1-the doctor, in relations with their non-medical employees, must observe a conduct of cooperation, mutual respect and trust. 2-the doctor should assume responsibility for acts carried out by his aides, since working in exact compliance with its directives. 144 development of ethical rules the rules on professional ethics of medical practitioners are subject to the code of ethics, to be approved by the House of representatives. Article 145 capacity for the exercise of the medical profession 1-can be denied, in whole or in part, your profession, doctors declared inidóneos or incapable. 2-is established process for investigation of suitability for professional practice where the doctor: a) has been convicted of any crime severely degrading; b) is not in the full enjoyment of civil rights; c) has been convicted in disciplinary court of the order, in one or more processes, PRESIDENCY of the COUNCIL of MINISTERS for 85 serious failure of professional duties that are imposed by these regulations and respective regulations. 3-is established process for investigation of incapacity for professional practice: a) the clinician has been declared unable to administer your person which has the force of res judicata;
b) physical or mental incapacity is recognized for the practice of the profession on the advice of a Committee of experts specially appointed for this purpose, consisting of five members, two appointed by the regional Council of the section to which the doctor belongs, two by interested and one by the Board of Governors. 4-If the person concerned is unable to make the appointment referred to in point (b)) of the preceding paragraph, shall be made by the person who legally would fit the guardianship or custodianship in cases of prohibition or disqualification judicially declared. 5-the installation and the process procedure for ascertainment of suitability or disability are identical to those of the disciplinary procedure, with any necessary adaptations. 6-the decision of lack of suitability or inability to exercise the profession can only be issued by a decision that gets two-thirds of the votes of all the members of the Board of Governors. 7-the resolution of the Board of Governors to declare the doctor unable to discharge partially the profession establishes the conditions for the exercise to be applied to the specific case. 8-The decision referred to in the preceding paragraph appeal to the PRESIDENCY of the COUNCIL of MINISTERS courts 86. 9-doctors completely prevented from exercising the profession in accordance with the preceding paragraphs can, after three years on the date of the decision, request your re-enrollment impediment, which decides, with appeal to the Board of Governors, the competent Regional Council. 10-the request is only granted when, upon hearing of the applicant's prior investigation, if established the dignity of your behavior manifests itself in the last three years and reach the conviction of your complete recovery for the practice of the profession. Article 146 national referendum 1 internal-Upon decision by the House of representatives, issues of particular relevance to the order and fit in their assignments, can be submitted to a referendum, with binding or advisory character. 2-must be subjected to internal referendum proposals for dissolution of order and of alineação of real estate assets of the order affect the use of national bodies. 3-the referendums must be preceded by the verification of your legal or statutory compliance, by the Board of Governors. Rule 147 1-internal regional Referendum By deliberation of the regional Council, issues of particular relevance to the respective region and fit in their assignments, can be submitted to a referendum, with binding or advisory. 2-must be subjected to internal referendum, with binding proposals for alineação or encumbrance of the property affects the use of PRESIDENCY of the COUNCIL of MINISTERS and regional 87 sub-regions. 3-regional referenda must be preceded by the verification of your legal or statutory compliance, by the Board of Governors.
Article 148 of the referendum Vinculatividade The results of the referendums are binding only if them join the absolute majority of doctors enrolled in the order or, in the case of regional referendum, of doctors enrolled in the respective region or sub-region, and that do not have your registration suspended. Article 149 one-stop 1-all requests, notifications and communications provided for in this law between the order and the professionals, medical societies or other associations of professionals for the practice of medicine, with the exception of those relating to disciplinary proceedings, are conducted by electronic means, through the electronic one-stop-shop services, referred to in articles 5 and 6 of Decree-Law No. 92/2010 , July 26, accessible via the Internet Web site of the order. 2-When, for reasons of unavailability of electronic platforms, it is not possible to comply with the provisions of the preceding paragraph, the transmission of the information in question may be made by delivery order services, for shipment by post under register, by fax or by email. 3-submission of documents in a simple way, in accordance with the provisions of the preceding paragraphs, the consignment of original documents, authentic, authenticated or certified, PRESIDENCY of the COUNCIL of MINISTERS 88 without prejudice to subparagraph (a)) of paragraph 3 and in paragraphs 4 and 5 of article 7 of the Decree-Law No. 92/2010 of 26 July. 4-Are still applicable to the procedures referred to in this article the subparagraphs (a) (d)) and e) of article 5 and paragraph 1 of article 7 of the Decree-Law No. 92/2010 of 26 July. Article 150 Professional Attributes certification system 1-the order offers to their doctors electronic mechanisms of certification of membership, as well as the respective professional qualifications. 2-where it is not possible to comply with the provisions of the preceding paragraph, for reasons of unavailability of electronic platforms, as well as in cases where the person concerned does not have the means to access the same, evidence of the quality of doctors and their professional qualifications is made by professional card or birth certificate as proof. Article 151 1-Staff workers of the order shall apply the system provided for in the labour code and the following paragraphs. 2-the conclusion of an employment contract must be preceded by a screening process complying with the principles of equality, transparency, publicity and the justification based on objective criteria of selection. 3-the rules that must obey the selection process set out in the internal regulations. Article 152 budget, financial management and public procurement PRESIDENCY of the COUNCIL of MINISTERS 89
1-the order has its own budget. 2-the order shall be:) rules of a balanced budget and debt limitation established in own diploma; (b)) to the regime of the public procurement code; c) The system of accounting standards for non-profit entities, which integrates the Accounting standardisation system. 3-the State does not guarantee the financial liabilities of the order, nor is it responsible for their debts. Article 153-1 national budget the budget of the national bodies of the order proposed by the National Council and approved by the House of representatives. 2-the national budget shall, and necessarily, the integration of all budgets. 3-the costs of national organs are subsidised by the regional sections according to the proportion of doctors enrolled in them. Article 154 1 regional budgets-the budgets of the regional and local bodies are proposed by respective executive bodies and approved by the respective House. 2-regional bodies, including the autonomous regions shall submit, no later than 15 November each year, the respective budgets, duly approved by the National Council.
PRESIDENCY of the COUNCIL of MINISTERS 90 3-the national budget should be approved until 31 December of each year.
Article 155 1-Recipes Are recipes of the order: a) the quotas of its members; (b)) The fees charged for the provision of services, in particular by evidence of medical communication and autonomy, panels of electronic certification, audits, examinations, certificates, records of fee, opinions of the technical and advisory bodies; c) respective income heritage; d) the product of inheritances, legacies and donations; and) other revenue provided for in the law and regulations. 2-the State can only finance the order in the case of the consideration of certain services, established by Protocol and not understood in their legal duties. 3-the deliberations on the establishment of quotas and the rates are approved by the House of representatives, by an absolute majority, on a proposal of the National Council, on the basis of a study that based the amounts proposed, and observed the substantive requirements laid down in the General Law on fees and other contributions of the public administration. 4-the recovery of amounts resulting from the recipes provided for in (a)) and b) of paragraph 1 follows the tax enforcement proceedings.
PRESIDENCY of the COUNCIL of MINISTERS 91 Article 156 1 revenue-collection quotas are charged by each of the respective regions, about them impendendo the duties of: a), proportionally, in Comparticiparem the national budget; b) Contribute with a minimum of 2% of the value of quotas effectively charged for the solidarity fund of the order. 2-all other recipes are charged by executive bodies to ensure the provision of the service. 3-income of the estate, the product of inheritances, legacies and donations and all other contributions are collected and integrated into the national and or regional budget, according to constitute income from national or regional heritage. Article 155 1-real estate Assets the assets of the order is managed and administered at national and regional level, depending on the respective use of affectation. 2-acts of alienation, encumbrance and acquisition of real estate depends on a proposal from the National Council and approval by the House of representatives, by a majority of three-quarters of the members. Article 157 1 Services-the order has the operational and technical services necessary for the pursuit of the PRESIDENCY of the COUNCIL of MINISTERS 92 tasks, without prejudice to the possibility of outsourcing tasks. 2-the order can establish cooperation agreements with the inspection services of the public administration, for the performance of the supervisory task of the fulfilment of the duties of its members. 3-can be established cooperation agreements with the inspection services referred to in paragraph 1, designed to prevent the illegal exercise of the profession, particularly by those who do not meet the legally established qualifications. Article 158 administrative Guardianship guardianship administrative powers on the order, in accordance with article 45 of law No. 2/2013, of 10 January, and the respective staff regulations shall be exercised by the Member of Government responsible for healthcare. Article 159 the Court of Auditors the Supervision Order is subject to the jurisdiction of the Court of Auditors, in accordance with the procedure laid down in the law of process and Organization and in the general regulation of the Court of Auditors. Article 160 Annual Report and duties of information 1-the order shall draw up annually a report on the achievement of its mission, which is to be presented to Parliament and the Government, up to 31 March each year. 2-the order provides to Parliament and the Government all the information requested in relation to the pursuit of its mission.
PRESIDENCY of the COUNCIL of MINISTERS 93 3-the Chairman of the order and the Presidents of the regional councils shall respond to the request of the competent parliamentary committees to provide information, as well as provide information that they request them. Article 161 Symbols emblem, flag and seal of the order can only be modified or amended by referendum, on a proposal from the House of representatives.
PRESIDENCY of the COUNCIL of MINISTERS 94 ANNEX (referred to in paragraph 2 of article 63 and paragraph 2 of article 68 of the Statute) Disciplinary Rules article 1 disciplinary Infraction 1-disciplinary infraction all action or omission that consists of violation by any member of the order, of the duties laid down in the Statute of the order, in this annex and in the respective regulations. 2-the disciplinary infringement is: the Light, when the defendant) violate negligently the professional duties to which is belongs in the exercise of the profession; b Serious, when the defendant) violates intent or serious fault with the professional duties to which is belongs in the exercise of the profession; (c)), when the accused violates the professional duties that belongs in the exercise of the profession, affecting with your conduct, severe form, the dignity and prestige of the profession. 3-disciplinary infractions provided for in this annex and other legal provisions and regulations are punishable as wilful misconduct or negligence.
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Article 2 disciplinary Jurisdiction 1-members of the order are subject to the disciplinary authority of the order, in accordance with the procedure laid down in the order Status in this annex and in the disciplinary regulation. 2-the suspension or cancellation of registration in the order does not make the liability to disciplinary action for infractions previously practiced by the Member of the order. 3-During the time of suspension of the registration, the Member remains subject to the disciplinary authority of the order. 4-the punishment with the sanction of expulsion does not cease the disciplinary liability of Member of the order in respect of infringements committed by him before the final decision to have them applied. Article 3 independence of disciplinary responsibility of members of the order 1-disciplinary liability is independent of the civil and criminal liability arising out of the same fact and co-exists with any other provided for in law. 2-the disciplinary responsibility vis-à-vis the order coexists with any other provided for by law. 3-the disciplinary process is promoted regardless of any other and resolve all the issues that interest the decision of the case, without prejudice to your appreciation, in legal terms, to other effects.
PRESIDENCY of the COUNCIL of MINISTERS 96 4-When, based on the same facts, has been initiated criminal proceedings against a member of the order, and to know of the existence of a disciplinary infringement, it is necessary to judge any matter that cannot be properly resolved in the disciplinary process, can be ordered the suspension of disciplinary proceedings during the time in which, by virtue of a court decision or judgement of any court question , the March of due process cannot begin or continue to take place. 5-the suspension of disciplinary proceedings, in accordance with the provisions of the preceding paragraph, the order shall be notified to the competent judicial authority, which must order the consignment to the copy of the order of prosecution and, if any, he order of pronunciation. 6-as soon as the order has knowledge of the judicial decision or judgement referred to in paragraph 4 and when there has been no place for the resolution of the matter, this is decided in the disciplinary process. 7-where, in criminal proceedings against a member, is designated a day for the hearing of the trial, the Court must order the consignment to order, preferably through electronics, the order of prosecution or the order of pronunciation, as well as any other elements requested by the competent disciplinary body. 8-the disciplinary liability of the members before the order, arising from the practice of infringement, is independent of disciplinary liability for breach of the obligations arising from the employment relationship.
Article 4 disciplinary Responsibility of professionals on freedom to provide services, PRESIDENCY of the COUNCIL of MINISTERS 97 professionals who provide services in the national territory under the freedom to provide shall be assimilated to the members of the order, for disciplinary purposes, in accordance with paragraph 2 of article 4 of law No. 9/2009, on March 4, as amended by laws Nos. 41/2012 , 28 August, and 25/2014, of May 2, with the specifics set out in paragraph 8 of article 13 and the disciplinary regulations. Article 5 disciplinary Responsibility of professional societies collective people members of the order are subject to the disciplinary authority of the organs of the latter in accordance with the Statute of the order of this annex and the law governing the formation and operation of professional societies. Article 6 Limitation of disciplinary measures 1-the right to establish the disciplinary procedure shall become statute-barred within five years, following the practice of the Act, or of the last act in the event of continuing practice. 2-If the disciplinary infringements constitute criminal violations at the same time for which the law establishes limitation periods subject to longer term, the disciplinary procedure only prescribes after the latter term. 3-the limitation period of disciplinary procedure runs from the day the fact that if you have accomplished.
4-the limitation period only runs: a) on the instant infractions, from the moment of your practice; (b)) In the day continued violations of the practice of the last act;
PRESIDENCY of the COUNCIL of MINISTERS 98 c) on the permanent infractions since ceasing the consummation. 5-the disciplinary procedure also prescribes, since the knowledge by the body responsible for the establishment or from the participation made pursuant to paragraph 1 of article 10 does not start the competent disciplinary procedure within a year. 6-the limitation period of the disciplinary procedure is suspended during the time that the disciplinary procedure is suspended, awaiting prosecution or order pronounced in criminal proceedings or a decision of first instance, depending on the complexity of the process. 7-the limitation period will come running from the day when the cause of suspension. 8-the limitation period of the disciplinary procedure, referred to in paragraphs 1 and 5, stops with the notification to the defendant: a) the establishment of the disciplinary procedure; (b)). 9-the prescription of disciplinary procedure has always place when, from your home and provided the suspension time elapses the normal prescription period increased by half.
Article 7 termination of the disciplinary liability 1-During the time of suspension of registration the Member remains subject to the disciplinary authority of the order.
PRESIDENCY of the COUNCIL of MINISTERS-99 2 the unsubscribe not he maketh the disciplinary responsibility by previously committed offences. Article 8 conduct of disciplinary action 1-Have legitimacy to participate to order facts likely to constitute disciplinary infraction: a) The executive organ of the order; b) Any person, whether directly or indirectly affected by the facts reported; c) the Prosecutor, pursuant to paragraph 3. 2-the courts and any authorities must inform the order of practice by members of the order of facts likely to constitute disciplinary infraction. 3-the public prosecutor's Office and the criminal police bodies refer to the certificate Order of complaints, interests or complaints lodged against members of the order and which could constitute facts likely to constitute disciplinary infraction
Article 9° Withdrawal of participation the cancellation of disciplinary participation by interested quench process discipline, unless the infringement imputed affect the dignity of a member of the order in question and, in this case, this manifest intention of continuing the process, or the prestige of the order or of the profession, in any one of their specialties.
PRESIDENCY of the COUNCIL of MINISTERS 100 article 10 establishment of disciplinary proceedings 1-the disciplinary procedure is established: a) by resolution of the competent disciplinary board, based on participation directed to the order by the complainant or by your legal representative, whenever it is necessary to establish subject matter the secret, or, in other cases, by any person or entity duly identified, that I know of in fact susceptible to integrate disciplinary infraction; b) by decision of the President of the superior Council or the Chairman of the disciplinary board, regardless of participation. 2-going on participation, or in accordance with the provisions of subparagraph (b)) of the preceding paragraph, the President of the competent disciplinary Council may, if it sees fit, begin by introducing a summary investigation process, with a view to a better clarification of the facts, only after deciding whether or not to initiate disciplinary proceedings. 3-the introduction of disciplinary proceedings does not imply any guilt pré-juízo, enjoying the doctor accused the legal presumption of innocence until proven guilty.
Article 11 procedural Legitimacy people with direct, personal and legitimate interest with regard to the facts reported, may apply to your order process, requiring intervention and claiming you have for convenient. Article 12 supplementary law PRESIDENCY of the COUNCIL of MINISTERS 101 Without prejudice to the provisions of this annex, the disciplinary procedure is governed by disciplinary regulations, and applicable procedural rules laid down in the General employment law in Public Functions, approved by law No. 35/2014, of 20 June.
Article 13 disciplinary sanctions 1-disciplinary measures are as follows: a) warning; b) Censure; c) Suspension up to a maximum of 10 years; d) Expulsion. 2-the sanction provided for in point (a)) of the preceding paragraph is applied to a member who commits infraction with fault light and consists of mere repair by the irregularity. 3-the sanction provided for in subparagraph (b)) of paragraph 1 shall apply to minor offences, committed with negligence, and consists of a judgment of disapproval by ethical misconduct. 4-the sanction provided for in subparagraph (c)) of paragraph 1 shall apply to cases of serious violations, committed with gross negligence or willful misconduct, and consists of the total clearance of the practice of medicine during the period of application of the sanction, and, among others, causes of suspension, the following violations: a) disobeying the order, when these match the exercise of powers conferred by law bound; b) violation of any duty enshrined in the law or the Statute and regulations of the order relating to the protection of life, health, welfare or dignity of people, when you should not match penalty;
PRESIDENCY of the COUNCIL of MINISTERS 102 c) Concealment of the illegal exercise of medicine; d) disciplinary infringement practice which also constitutes crime punishable by imprisonment exceeding one year. 5-the sanction of suspension of longer than five years can only be applied upon deliberation to obtain the two-thirds majority of the votes of all the members of the disciplinary board. 6-the sanction provided for in point (d)) of paragraph 1 shall apply: a) When disciplinary infraction has been committed with serious fault which also constitutes crime punishable with imprisonment exceeding three years; b) when professional notorious incompetence, with serious danger to the physical and mental integrity or lives of patients or the community; c) When it occurs or participation in the coverup violation of personality rights of patients;
d) When has been committed disciplinary infraction that affects the dignity and prestige, professional suitability to the doctor for the practice of the profession. 7-the sanction of expulsion can only be applied upon deliberation to obtain the two-thirds majority of the votes of all the members of the disciplinary board. 8-in the case of professionals under the freedom to provide services in the national territory, the penalties laid down in paragraphs 5 and 6 are temporary or definitive ban on the exercise of professional activity in the territory, as appropriate, by applying mutatis mutandis the provisions of article 32 of COUNCIL of MINISTERS PRESIDENCY 103 9-whenever the infringement resulting from the breach of a duty by default compliance with the sanctions imposed, does not relieve the defendant of the fulfillment of that, if this is still possible. Article 14 1 Degree-in the application of sanctions must meet the professional and disciplinary backgrounds of the accused, the degree of culpability, the severity, the consequences of infringement and all other aggravating or mitigating circumstances. 2-Are extenuating circumstances: a) the effective exercise of medicine for more than five years, without any disciplinary measure; b) A confession; c) the cooperation of the defendant for the discovery of truth; d) spontaneous repair, by the accused, the damage caused by your conduct. 3-Are aggravating circumstances: a) the premeditation; b) collusion; c) recidivism; d) accumulation of infractions; and disciplinary infringement) the practice during the fulfillment of disciplinary action or suspension of its execution; f) production of prejudice in amounts greater than or equal to half of the purview of the courts of appeal;
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g) the practice of any acts aimed at obtaining undue or disproportionate profits at the expense of patients; h) the practice of any acts importing considerable injury to third parties. 4-the point (d)) of the preceding paragraph when the defendant, before the expiry of three years on the last conviction, has committed a disciplinary infraction similar. 5-the point (e) paragraph 3) whenever two or more infractions are committed at the same time or before the previous infraction penalty. 6-not counting the penalties pursuant to this annex may be applied to the same defendant more than a disciplinary sanction: a) For each infringement committed; b) accumulated infractions that are enjoyed By a single process; c) For infractions enjoyed in more than one process, when joined.
7-the Board of Governors that, on appeal, has confirmed the conviction, may ask the respective regional Council the suspension of registration of the person concerned, if, after the final decision of the fine on that has been convicted, this does not proceed to the payment, within 15 days, requiring professional ballot delivery still within the same period, without prejudice to the rehabilitation when the person concerned comply with the sanction. Article 15 application of penalties 1-The penalties are as follows: a) quantitative ticket two to 22 times the value of the highest annual quota at the date of the infraction; b) loss of fees;
PRESIDENCY of the COUNCIL of MINISTERS 105 c) publicity of the sanction. 2-the sanction of fines consists in the payment of a monetary value and is graduated in reason of the seriousness of the offense and the defendant's guilt and determined by behavior practiced on abuse of the function or with serious violation of inherent duties or which reveal serious indignity in the exercise of the profession. 3-the loss of fees is the return of fees already received that originate in the medical act object of the infraction punished, or in loss of right to receive them, if we still have not been paid. 4-the publicity of the sanction is made in the media, national or regional, as well as on the Internet Order, without prejudice to the established in paragraph 4 of article 22 and determined by behavior that reveal indignity in the practice of the profession.
5-The additional sanctions may be applied cumulatively with the disciplinary penalties provided for in article 13 article 16 unit and accumulation of infringements without prejudice to the provisions of this annex as regards penalties, you can't apply the same Member more than a disciplinary sanction for each fact punishable. Article 17 sanctions Suspension 1-taking into consideration the degree of fault, the behavior of the defendant and the other circumstances of the practice of the infraction, disciplinary penalties below the suspension can be suspended for a period between three and five years. 2-Stops the suspension of sanctions where, in respect of the Member punished, is PRESIDENCY of COUNCIL of MINISTERS Decree of condemnation made 106 in new disciplinary process. Article 18 implementation of the sanctions of suspension and expulsion 1-procedure for application of penalties exceeding two years suspension or expulsion may be subject to public hearing, in accordance with the procedure laid down in the disciplinary regulation. 2-the penalties of suspension for a period exceeding two years or expulsion can only be applied by resolution to get the qualified majority of two thirds of the members of the competent disciplinary body.
Article 19 implementation of penalties 1-it is the Board of Governors to implement the judgments given in disciplinary proceedings, including practicing the acts necessary for the effective suspension or cancellation of registration of the members who are applied sanctions of suspension and expulsion, without prejudice to the collaboration of the executive bodies. 2-the application of sanction of suspension or expulsion entails the temporary or definitive ban, respectively, of the practice of any professional Act and the professional card delivery at the headquarters of the order where the defendant has your professional domicile, where applicable. Article 20 start of disciplinary sanctions effective PRESIDENCY of the COUNCIL of MINISTERS 107 1-disciplinary sanctions begin production of their effect on the day following that on which the decision becomes final. 2-If on the date on which the decision becomes final, is suspended the inscription of the accused for disciplinary reasons, the fulfilment of the disciplinary measure of suspension shall start on the day following the lifting of the suspension. Article 21 Deadline for the payment of fines 1-The fines imposed in accordance with subparagraph (a)) of paragraph 1 of article 15 should be paid within 15 days of the initiation of the respective penalty effect.
2-to the Member who does not pay the fine within the time limit referred to in the preceding paragraph your registration is suspended by decision of the competent disciplinary body, which is notified. 3-the suspension can only be lifted after payment of outstanding importance. Article 22 communications and advertising 1-the application of any of the penalties provided for in (c)) and (d)) of article 13, paragraph 1 shall be notified by the competent disciplinary body: a) the society of professionals or associative organization on behalf of which the defendant paid services on the date of the facts; b) to the competent authority of the Member State of the European Union or the European economic area for the control of the defendant's activity established in that same Member State. 2-When the penalty imposed is of suspension or expulsion is given publicity on the site of the COUNCIL of MINISTERS PRESIDENCY order 108 on the Internet and in places considered suitable for the fulfilment of the purposes of general prevention legal system. 3-if it is decided the preventive suspension or sanction applied to suspension or expulsion, the National Council must enter the corresponding note on the permanent lists of members peddled by electronic means. 4-the publicity of disciplinary sanctions, preventive and suspension of sanctions is promoted by the competent disciplinary body, being carried out at the expense of the defendant.
5-Notwithstanding the previous paragraph, the order shall return the amount paid by the defendant to give publicity to your preventive suspension where it will not be sentenced under the respective disciplinary procedure. Article 23 Limitation of disciplinary measures 1-The disciplinary sanctions specified in within the following periods, from the date on which the decision becomes inimpugnável: the) two years ago, the warning tone and censorship; b) Of five years, the suspension and expulsion. 2-the limitation period begins on the day following that on which the decision becomes final. Article 24 conviction on criminal procedure 1-where in criminal proceedings is imposed the ban on the exercise of the PRESIDENCY of the COUNCIL of MINISTERS profession 109 during a given time period, this shall be deducted from the disciplinary measure of suspension that the practice of the same facts, were to be applied to the Member of the order. 2-the conviction of a member of the order in criminal proceedings is communicated to the order, for the purposes of endorsement to the respective record.
Article 25 Obligation the application of a disciplinary action is always preceded the establishment of the facts and of the disciplinary responsibility in own process laid down in this annex and in the disciplinary regulation. Article 26 1-process Forms the disciplinary action may include the following forms: a) fact-finding Process; b) disciplinary proceedings. 2-the fact-finding process is applicable when it is not possible to clearly identify the existence of a disciplinary infraction or the respective infringer, and the implementation of steps to enlightenment or summary the facts concerned. 3-the disciplinary process is applicable where there are indications that a particular Member of the practiced properly implemented facts, susceptible to form PRESIDENCY of the COUNCIL of MINISTERS 110 disciplinary infraction. Article 27 disciplinary Process 1-the disciplinary proceedings is regulated in this annex and in the disciplinary regulation. 2-the disciplinary process consists of the following phases: a) statement; (b) the accused's Defence); c) decision; d) execution. 3-regardless of the stage of the disciplinary process is provided to the accused all the guarantees of defense in accordance with law. Article 28 preventive suspension 1-after hearing of the accused, or if this, having been notified, does not appear to be heard, can be ordered to your preventive suspension, by decision taken by a qualified majority of two thirds of the members of the competent body of the order. 2-the suspension referred to in the preceding paragraph may only be enacted in cases where there is evidence of disciplinary infringement to which matches one of the penalties provided for in (c)) and d) of paragraph 1 of article 13 3-the preventive suspension shall not exceed six months and is always deducted in the sanction of suspension. Article 29 secret Nature of the PRESIDENCY of the COUNCIL of MINISTERS process 111 1-the process is secret in nature until the Decree of accusation or archiving. 2-the rapporteur may authorise the consultation process by the defendant, by the participant, or by the interested parties, when it does not result in inconvenience for the statement and on condition not be disclosed what it's worth. 3-the defendant or the person concerned, when a member of the order, which does not respect the secret nature of the process incurs disciplinary responsibility.
Article 30 1 Appeal Decisions-decisions taken on disciplinary matters appealable to the Board of Governors. 2-the other decisions on disciplinary matters from which no further appeal lies under the preceding paragraph, it is incumbent upon administrative appeal, in accordance with law. 3-The mere expedient decisions or relating to the discipline of the jobs are not appealable pursuant to the preceding paragraphs. Article 31 Review 1-it is permissible to review a final decision issued by the competent disciplinary order whenever: a) a final judicial decision declaring false any elements or evidence that has been instrumental in the decision revidenda; b) A judicial decision which has become final has given as proven crime committed by a member or members of the Court which delivered the judgment revidenda and practiced in the review process; (c)) The facts which formed the basis for judgment are PRESIDENCY of the COUNCIL of MINISTERS 112 irreconcilable with those data as proven in another final decision and resulting serious opposition doubts about the fairness of the conviction; d) have discovered new facts or evidence which, by itself or combined with those that are assessed in the process, give rise to serious doubts about the fairness of the judgment rendered.
2-the simple claim of illegality, formal or substantial, the process and the disciplinary decision, does not constitute grounds for review. 3-the review is admissible even if the procedure is extinguished or the sanction prescribed or accomplished. 4-the exercise of the right of review provided for in this article shall be governed by the relevant provisions of the disciplinary regulations. Article 32 1-Rehabilitation In case of application of sanction of expulsion after they are 10 years, the Member can be rehabilitated, upon request and provided if fill cumulatively the following criteria: a) there has been judicial rehabilitation, if her any place; b) there is no risk to the health of patients and the community; c) is maintained the dignity of medicine; d) rehabilitating has shown good conduct, and to demonstrate, using the evidence admitted in law. 2-When the expulsion took place pursuant to the provisions of subparagraph (b)) of paragraph 5 of article 13, the rehab depends on the provision of public evidence, in terms to be determined in PRESIDENCY of the COUNCIL of MINISTERS regulation 113. 3-In special cases, rehabilitation may be limited to certain medical acts.
PRESIDENCY of the COUNCIL of MINISTERS 114 ANNEX II (referred to in article 5) Republication of Decree-Law No. 282/77, July 5