Key Benefits:
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Proposal for Law No 299 /XII
Exhibition of Motives
Law No. 2/2013 of January 10 established a new legal regime of creation,
organization and operation of professional public associations.
The new regime sets out rules on the creation, organisation and operation of the
professional public associations and on the access and exercise of regulated professions by
professional public associations, with regard to, specifically, the free provision of
services, to freedom of establishment, to professional internships, to societies of
professionals, the regimes of incompatibilities and impediments, the advertising, well with the
widespread provision of relevant information on practitioners and on the
respects societies regulated by professional public associations.
In accordance with Article 53 of Law No 2/2013 of January 10, it becomes
necessary to appropriate the statutes of the professional public associations already set up under the scheme
statued by that law.
By this law, the adequacy of the Statute of the Order of the Nutritionists is carried out,
approved by Law No. 51/2010 of December 14, to the scheme provided for in Law No. 2/2013, of
January 10, which in essence translates the maintenance of the statutory provisions already
existing with the changes arising from the application of the said law.
It further proceeds to the convergence of the profession of dietician for the profession of nutritionist, à
which they go on to access, in addition to the holders of the degree in nutrition sciences, the
holders of the licensees in dietetics and in dietary and nutrition, without prejudice to whether
maintain regulation of the exercise of the profession of dietician concerning dietitians who do not
integrate the convergence process.
It was heard the Order of the Nutritionists.
Thus:
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In accordance with Article 53 (5) of Law No 2/2013 of January 10 and of the d) from the
n Article 197 (1) of the Constitution, the Government presents to the Assembly of the Republic a
the following proposed law:
Article 1.
Object
This Law shall carry out the first amendment to Law No. 51/2010 of December 14, which
created the Order of the Nutritionists and approved their Statute, in the sense of matching it to the Law
n ° 2/2013 of January 10 establishing the legal regime for creation, organisation and
operation of the professional public associations.
Article 2.
Amendment to Law No. 51/2010 of December 14
Articles 2, 3 and 5 of Law No. 51/2010 of December 14, go on to have the following
essay:
" Article 2.
Professionals covered
1-A The Order of the Nutritionists covers the professionals licensed in
nutrition sciences, in dietetics and in dietary and nutrition that, in
compliance with the relevant statute and the applicable legal provisions,
carries out the profession of nutritionist.
2-A Order further covers professionals who, being enrolled as
dieticians at the date of the entry into force of Law No. [PL 67/2014], maintain the
profession of dietician.
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Article 3.
Modalities of exercise of the profession
1-A the profession of nutritionist can be exercised on its own, either in
individual name want in society, or on account of outrain, both in the sector
public, private or cooperative and social.
2-The exercise of professional activity on account of outrain does not affect the
technical autonomy, nor does it discharge the fulfillment of duties
deontological.
Article 5.
Administrative tutelage
The powers of administrative tutelage on the Order of the Nutritionists, in
compliance with the provisions of Article 45 of Law No 2/2013 of 10 of
January, and with respect to the Statute, are exercised by the member of the Government
responsible for the area of health. "
Article 3.
Amendment to the Status of the Order of the Nutritionists
The Statute of the Order of the Nutritionists, adopted in annex to Law No. 51/2010, of 14 of
December, it becomes the constant essay of Annex I to this Law and of which it is a part
member.
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Article 4.
Transitional arrangement
3-The provisions of this Law shall not affect the current composition of the organs of the Order of the
Nutritionists and the current mandates on the date of their entry into force with the duration
initially defined.
4-Until the approval of the regulations referred to in the following paragraph shall remain in force
the regulations issued by the Order of the Nutritionists who do not contravenes the provisions
in the Statute approved in annex to this Law.
5-A Order of the Nutritionists approves, within 180 days, from the date of entry
in force of this Law, the regulations laid down in the Statute approved in annex to the
present law.
6-Without prejudice to the provisions of the paragraph a ) and b ) of Article 61 (1) of the approved Statute
in annex to this Law, they may register in the Order of the Nutritionists, within the period of
120 days, counting from the entry into force of this Law, the professionals who, by date
previous to January 1, 2011, were lawfully enabled to exercise, depending on the
case, the profession of nutritionist or dietician.
Article 5.
Convergence of professions
1-The process of convergence of the profession of dietician for the profession of nutritionist
appears in a regulation of its own, approved by the general council of the Order and
homologated by the member of the Government responsible for the area of health.
2-The regulation referred to in the preceding paragraph shall comply with the principles of equality,
of legality, proportionality, fairness, impartiality and protection of
rights acquired.
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3-A convergence for the nutritionist profession, on the part of the effective members
dieticians licensed in dietetics and nutrition or in dietetics, depends on the appreciation of the
résumé of the applicant, without prejudice to this power to request proof of
aptitude or stage of adaptation.
4-The dieticians and trainee dieticians who are enrolled in the Order in that capacity, à
date of the entry into force of this Law, may choose not to integrate the process of
convergence.
5-A non-option by the convergence regime prevents effective members, who
keep enrollment as a dietitian, from guiding professional internships to the Order.
6-For the purposes of the provisions of the Statute adopted in annex to this Law, the dietitians who
opt for the convergence to the nutritionist profession keep the experience
previous meeting in the exercise of the profession of dietician, not being this accounted for
as a professional nutritionist experience.
7-A convergence for the nutritionist profession may be required by members
effective dieticians, within the maximum of two years, from the date of entry into force
of the regulation referred to in paragraph 1.
8-The references contained in the Statute approved in annex to this Law to the profession of
nutritionist cover:
a) The members enrolled as nutritionists under Law No. 51/2010, of
December 14;
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b) (a) members who sign up after the entry into force of this Law;
c) The members who have exercised the profession of dietician under the Act
n. 51/2010, of December 14 and which converged into the profession of
nutritionist in the terms of the regulation referred to in paragraph 1.
9-A not to be that the contrary results from the provision itself, all references made to
nutritionist in the Statute approved in annex to this Law must understand
applicable also to dietitians who do not integrate the process of convergence.
10-A The Order of the Nutritionists provides effective members and trainees, well
as to third parties, the information and statements that show themselves necessary to ensure
the protection of the rights and interests of the members.
Article 6.
Abrogation standard
Article 4 of the Law No 51/2010 of December 14 is repealed.
Article 7.
Republication
It is republished, in Annex II to this Law and of which it is an integral part, Law No 51/2010,
of December 14, with the current essay.
Article 8.
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Entry into force
This Law shall come into force 30 days after its publication.
Seen and approved in Council of Ministers of March 12, 2015
The Prime Minister
The Minister of the Presidency and Parliamentary Affairs
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ANNEX I
(referred to in Article 3)
STATUS OF THE ORDER OF NUTRITIONISTS
CHAPTER I
General provisions
SECTION I
Nature, purposes, assignments and acting principles
Article 1.
Nature and legal regime
1-A The Order of the Nutritionists, hereafter abbreviated by Order, is the
representative professional public association representative of those who, in accordance with the
this Statute and the other applicable legal provisions, shall carry out the profession of
nutritionist.
2-A Order is a collective person of public law, which is governed by the respect of the law of
creation, by Law No. 2/2013 of January 10, and by the provisions of this Statute.
3-A The existence of the Order is without prejudice to the freedom of its members to create
associations for the defence of their scientific, cultural or socio-professional interests.
Article 2.
Administrative and financial autonomy
1-A The Order enjoys administrative autonomy and, in the exercise of its public powers,
practiced at the final title, without prejudice to the tutelary type-approval cases provided for in the
law, the administrative acts necessary for the performance of its functions and approves the
regulations provided for in the Act and in this Statute.
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2-A Order has own heritage and own finances, as well as of
budgetary autonomy.
Article 3.
Purposes
The Order has for regular purposes and overseeing access to the profession of nutritionist and its
exercise, approve, in the terms of the law, the technical and deontological standards respecting,
for compliance with the legal and regulatory standards of the profession and to exercise power
discipline on its members.
Article 4.
Attributions
Are attributions of the Order:
a) The regulation of access and exercise of the profession;
b) The defence of the general interests of the customers of the services provided by their
members, ensuring and making respect for the right of citizens to a nutrition
of quality;
c) The representation and defence of the general interests of the profession of nutritionist, in
national territory, by caretaking, inter alia, by social function, dignity and
prestige of them;
d) The assignment, in exclusive, of the professional nutritionist titles and the issuance of the
professional ballots from its members;
e) The defence of the professional title, including the denunciation of the situations of illegal exercise
of the profession, and may constitute an assistant in process-crime;
f) The proposal for regulation and allocation of specialization titles
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professional, when statutorily provided;
g) The elaboration and updating of the professional register;
h) The award, when there are, of prizes or honorific titles;
i) The defence of professional deontology;
j) The exercise of disciplinary power over its members;
k) The provision of services to its members, in respect of the professional exercise,
specifically in relation to information, vocational training and assistance
technical and legal;
l) The collaboration with the other entities of the Public Administration in the pursuit
of the purposes of public interest related to the profession of nutritionist;
m) The participation in the drafting of the legislation that concerns the access and exercise of the
profession of nutritionist;
n) The participation in the official accreditation processes and the evaluation of the courses that
give access to the profession of nutritionist;
o) The recognition of professional qualifications obtained outside Portugal, us
terms of the law, the law of the European Union or international convention;
p) The collaboration in the definition and implementation of a national health policy
feed on all its aspets;
q) The promotion of the development of the nutrition sciences and or dietetics and their
teaching;
r) Any others that are committed to you by law.
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Article 5.
Principles of acting
The Order acts in the respect of the principles of legality, equality, proportionality,
of justice and impartiality.
SECTION II
Scope, headquarters and insignia
Article 6.
Scope and headquarters
1-A Order has a national scope.
2-A Order has registered office in Porto, and may the same be amended by deliberation of the
general advice, approved by an absolute majority.
Article 7.
Insignia
The Order is entitled to use emblem and seal of its own, as models to be approved by the
general advice, under proposal of the direction.
CHAPTER II
Organization
SECTION I
General provisions
Article 8.
Organization of the Order
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1-A Order has the organs provided for in this Statute.
2-A The organization of the Order is based on representative democracy and the separation of
organs and powers.
Article 9.
Organs of the Order
They are organs of the Order:
a) The general council;
b) The bastonary;
c) The direction;
d) The jurisdictional council;
e) The tax advice.
Article 10.
Exercise of positions
1-Without prejudice to the provisions of the following number and in Article 34 (4), the exercise of
positions in the organs of the Order is not remunerated.
2-The exercise of permanent executive positions in the organs of the Order, specifically the
role of bastonary and the chair of the jurisdictional board, can be remunerated, in the
terms of the provisions of regulation, to be approved by the general council.
3-The holders of the posts of the Order are entitled to the payment of the expenses arising from
representation or displacement in the service of the Order, in the cases and in the terms provided for in the
regulation referred to in the preceding paragraph.
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Article 11.
Incompatibilities
1-The exercise of executive, disciplinary and supervisory functions in organs of the Order
is incompatible with each other.
2-The exercise of positions in the organs of the Order is incompatible with:
a) Direction posts in other entities that equally promote the defense of the
profession;
b) Members of organs of sovereignty or of organs of own government of the regions
autonomous, as well as of executive bodies of local power;
c) Leading posts in the Public Administration;
d) Positions in trade union or employers ' associations;
e) Other posts or activities with which to check a manifest conflict of
interests, as such stated by the jurisdictional board, at the request of the direction.
Article 12.
Solidarity liability
1-The members of the collegial bodies respond in solidarity with the acts practiced in the
exercise of the mandate given to them.
2-Be exempt from liability the members of the Order who have voted
expressly against the deliberation in question, as well as those who have not been
present at the session in which deliberation has been taken, as long as they have
manifested her dissent as soon as she had become aware.
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Article 13.
Linking
1-A Order obliges by the signatures of the bastonary, or of its substitute, and of one another
board member in effectivity of functions.
2-A direction may constitute mandatary for the practice of certain acts, owing to
such to accurately set the scope and duration of the powers conferred.
SECTION II
Of the organs
Article 14.
General advice
1-The general council is composed of 30 a to 50 members, in the terms provided for in the
organization regulation, elected by universal, direct, secretive and periodic suffrage, and
through the proportional representation system, according to the highest mean method
from Hondt , in territorial circles that correspond to the territorial units of the
Nomenclature of Territorial Units for Statistical Purposes (NUTS) II.
2-The territorial circles may correspond to the aggregation of more than one circle
territorial, whenever one of the circles has a number of members of the Order
inscribed lower than that provided for in the electoral regulation.
3-Each territorial circle elects at least two representatives, the remaining being
reparties by the territorial circles proportionally to the number of voters of each
one.
4-It Is Incumbent on the electoral commission to make the allocation of the representatives by the various
circles, in the terms of the previous numbers.
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Article 15.
Competences of the general council
Compete for the general council:
a) Elect and remove your desk, under the terms of this Statute and draw up your
regiment;
b) Pronount on the nomination of the direction, under proposal of the bastonary, and
eventually vote on their rejection;
c) Elect the tax council;
d) Approve the budget and the plan of activities, as well as the report and the accounts,
under proposal of the direction;
e) Approve projects to amend this Statute, by absolute majority, well
as the proposal of its extinction, in this case being required to be ratified by
referendum;
f) To approve the regulations provided for in the Act and in this Statute, other than the
competence of other bodies, as well as the remaining necessary regulations
for the pursuit of the tasks of the Order;
g) Approve the amount of quotas and fees, under proposal of the direction;
h) To propose the creation of specialty sections and specialty colleges, well
as from specialty titles, and the consequent alteration projects
statuary;
i) Approve the conclusion of contracts of association or cooperation protocols
with congenic, national or foreign associations, under proposal of the direction;
j) Approve the convening of referendums, under proposal of the bastonary, by majority
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absolute;
k) Decide the remuneration of the provider of the recipients of the services, on a proposal from the
bastonary.
Article 16.
Health
1-The general council meets ordinarily:
a) At the beginning of the term, for the election of the desk of the general council, of the tax council
and for ratification of the direction;
b) Annually, for the approval of the budget and plan of activities, as well as of the
report and accounts of the direction;
2-The general council brings together, extraordinarily, whenever the circumstances the
advise and your President the convoque, on your initiative, at the request of the direction or of
a minimum of one third of its members.
3-If the time is scheduled for the start of the meeting not to be present, at least,
half of the effective members, the meeting starts 30 later, with the members
gifts, provided that in number not less than one third.
4-A meeting aimed at the discussion and voting of the report and accounts of the direction takes place until
at the end of the month of March of the immediate year to that of the exercise respect.
Article 17.
Convocation
1-The general council is summoned by its chairman upon postal or electronic notice
expeded for each of its members, with at least 15 days in advance
in relation to the date designated for the holding of the meeting, unless urgent, where
the meeting can be convened in advance of only three days.
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2-Of the convocation shall appear on the order of work, the time and place of achievement
of the meeting.
Article 18.
Table of the general council
1-A The general council's desk is composed of a president and two secretaries, elected
individually by absolute majority.
2-A the first meeting of the general council, until the election of the table, is directed by the member
more elderly and secretariats by the youngest member.
Article 19.
Votes
1-Unless the cases in which the law requires absolute or more qualified majority, the deliberations
of the general counsel are taken by a simple majority, discounted the abstentions, since
that the votes in favour constitute at least one quarter of the members present.
2-Saved in the secret ballot cases provided for in the law, or by deliberation of the
advice, taken on a case-by-case vote, votes are taken by open vote.
Article 20.
Bastonary
The bastonary represents the Order and is the chair of the direction.
Article 21.
Election
1-The bastonary is elected by universal, secret and periodic suffrage.
2-For the application for the post of bastonarium is required the minimum of 10 years of
exercise of the profession, respectively.
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3-In the case of none of the competing applications obtaining absolute majority of votes
valid express, retakes new vote two weeks later, between the two
applications most voted on in the first vote, which do not declare to withdraw from their
application.
4-The bastonary takes office before the general council at the first meeting of this.
Article 22.
Competencies
1-Compete to the bastonary:
a) Represent the Order, in judgment and outside of it, specifically in the face of the organs of
sovereignty and too many organs of power, as well as of European organizations and
international;
b) Presiding over the direction and assigning the vogal respects;
c) Drive the meetings of the direction, with quality vote, and participate without vote,
wanting, in the meetings of all the collegiate bodies of the Order, save the council
court;
d) Perform and enforce the deliberations of the direction and the other national bodies;
e) Exercise the competence of the direction in cases of recognized urgency or in the
situations in which such competence is delegated to it;
f) To ensure the operation of the Services of the Order, in the respect of the law and of the
respects regulations;
g) Request any organ of the Order to draw up opinions relating to subjects
of your competence;
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h) Name the provider of the recipients of the services.
2-The bastonary can delegate powers to any member of the direction of the Order.
Article 23.
Composition and appointment of direction
1-A direction is composed by the bastonary, by a vice president and by an odd number
of vowels, at the minimum of three and maximum five.
2-The members of the direction, save the bastonary, are appointed by the one and are subjected
collectively to the appreciation of the general counsel prior to the start of functions.
3-The general council may vote on the rejection of the direction presented by the bastonary, under
proposal for a quarter of its members, the approval of which is lacking an absolute majority.
4-There is no proposal for rejection, or not being approved, the direction considers itself
ratified.
5-In the event of a rejection of the direction by the general counsel or subsequent approval of a
motion of censure by an absolute majority, the bastonary presents new vice president and
vowels from the direction to the board's appreciation, within two weeks.
6-Censorship motions can only be discussed and voted on a week after your
presentation to the chair of the general council desk.
Article 24.
Competence
Compete in the direction:
a) Drive the national activity of the Order;
b) Approve the enrollment of new members of the Order or send suspending or
cancel it, in the terms of the law;
c) Elaborate and keep up to date the professional registration of all members of the
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Order;
d) Giving effect to the deliberations of the general council and the jurisdictional council;
e) Approve guidelines and any management standards regarding services and facilities
of the Order;
f) Issue, directly or through commissions constituted for the purpose, opinions and
information to public and private entities, within the scope of the tasks of the Order;
g) To collect the revenue and to effect the expenses provided for in the budget;
h) Elaborate and present to the general council the plan and the budget, as well as the
activity report and annual accounts;
i) Deliberating on disposal or burdening of goods of the Order and the contraction of
loans, within the borrowing limits approved in the budget;
j) To accept the legacies or donations made to the Order;
k) Mark, in the terms of the electoral regulation, the date of the elections for the organs of the
Order directly elected;
l) Direct the services of the Order, appoint the leaders of the services, approve the
hiring staff and the acquisition or leasing of goods and services, as well as
practice the remaining acts and carry out the remaining contracts necessary to the management of the
Order;
m) Approve the establishment of forms of cooperation with other entities,
public or private, which contribute to the pursuit of the assignments of the
Order;
n) Approve travel allowances for members of the organs of the Order, for
effect of meetings or other activities of the Order;
o) Approve your regiment.
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Article 25.
Health
1-A direction gathers, ordinarily, once a month, save if a periodicity more
frequent it is decided by the direction itself and, extraordinarily, whenever
convened by its president.
2-A direction can only deliberate validly when it is present more than half of the
its members.
3-The deliberations are taken by a simple majority of the members present, avails of the
president of quality voting.
Article 26.
Court of law
1-The jurisdictional board consists of five or seven members, in the terms of its
regiment, being one of its president members and the remaining vowels.
2-The members of the jurisdictional council are elected on a list by universal suffrage, direct,
secret and periodical, from among members of the Order with at least 10 years of
professional exercise.
3-The jurisdictional council is an independent body, and its members may not be
destitute on the grounds of their decisions, without prejudice to their respective control
jurisdictional
4-The jurisdictional council may include personalities of recognized merit alheiah to the
profession up to a third of its composition.
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Article 27.
Competence
It is incumbent on the court of
a) Instruct and judge disciplinary proceedings against the members of the Order;
b) Decide, the application of the stakeholders, the resources on the validity of the decisions
relating to loss or suspension of the mandate of the members of the organs of the Order;
c) Deciding the resources on the validity of the decisions of the other organs of the Order that
directly affect the rights of the members of the Order, specifically in matter
of enrolment, the application of those concerned;
d) Deciding the resources of decisions in electoral matters, in accordance with Article 3 (3)
50.
e) Check in advance the legal and regulatory compliance of referendums
convened by the general council;
f) Issue opinion on the proposals for amendments to this Statute, of the
disciplinary regulation and regulations relating to access and exercise of the
profession;
g) Approve your regiment.
Article 28.
Health
1-The jurisdictional council meets, ordinarily, in accordance with the agenda by you
approved and, extraordinarily, when summoned by its president, or by whom the
replace, in the terms of your regiment.
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2-The deliberations of the jurisdictional council are taken by a majority, without a right to
abstain, disposing of the president of quality voting.
3-The jurisdictional board may be advised by a legal advisor hired by the
direction, on a proposal from the president of that.
Article 29.
Tax advice
1-The tax council is composed of a chairman, a vowel and an official reviewer of
accounts.
2-The tax council is elected by the general council, by a majority of three fifths, under proposal
of the direction.
3-Compete in the direction of deliberation on the remuneration of the official reviewer of accounts.
Article 30.
Competence
Compete for the tax council:
a) Check the patrimonial and financial management of the Order;
b) To examine and issue opinion on the annual accounts, to be submitted by the direction to
general advice;
c) Comment, prior to its conclusion, on loan contracts
negotiated by the direction;
d) Present to the direction the suggestions that understand of interest of the Order, in matter
of heritage and financial management;
e) To draw up the opinions requested by the other organs of the Order, within the framework of their
competence.
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Article 31.
Colleges of specialty
Each specialty college consists of all the titular members of the
corresponding specialty.
Article 32.
Board of specialty
1-Each vocational specialty college is directed by a specialty board,
made up of a president, by a secretary and by three vowels, elected by four
years by the members of the specialty respect, according to own regulation
approved by the direction.
2-The president of the college has at least five years ' exercise of the specialty.
Article 33.
Title of specialty
1-A Order assigns the following titles:
a) Collective feeding and restoration;
b) Clinical nutrition;
c) Community nutrition and public health.
2-A obtaining the title of expert shall be governed by regulation drawn up by the direction and
approved by the general council.
3-The regulation referred to in the preceding paragraph shall only produce effect after type-approval of the
member of the Government responsible for the area of health.
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Article 34.
Provider of the recipients of the services
1-Compete to the provider of the recipients of the services to the defence of the interests of those to
who are intended for the services provided by the members of the Order.
2-Compete to the provider analyzing the complaints made by the recipients of the services and
issue recommendations, both for the resolution of these complaints, and for the
improvement of the performance of the Order.
3-The provider is designated by the bastonary and cannot be impeached, save for bad foul
in the exercise of their duties.
4-The provider can be remunerated, by competing to the general counsel the decision of the value of the
remuneration, on a proposal from the bastonary.
5-In the case of the provider of the recipients of the designated services being a member of the Order,
requires compulsorily to suspend your enrolment, with effect at the date of your
designation.
SECTION III
Mandates
Article 35.
Length of tenure and taking of possession
1-The mandate of the organs of the Order starts on the November 1 and has the duration of
Four years.
2-A The constitution or the taking of possession of the elective bodies, as the cases, occurs in the
day of the start of the term, save if the same are not elected in a timely manner, should
where the start of functions takes place on the 8 th day after the election.
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3-Should the commencement of duties of the new holders in the 1. day of the term be not possible, the
holders cease to remain in office until the date that that occurs.
4-The holders of the organs may not be elected or designated for a third term
consecutive on the same organ, nor for a fourth consecutive term in organs
different.
Article 36.
Resignation and suspension
1-Members of the organs of the Order shall enjoy the right of resignation to the office for which
have been elected or assigned.
2-Any member of the organs of the Order, save the bastonary, may request the suspension
temporary of the exercise of their duties, on duly substantiated grounds,
and the total suspension time may not exceed six months in the same term.
3-A waiver or suspension of the mandate shall be communicated to the Presidents of the
respects organs, as well as to the chairman of the general council desk, save in the case of the
resignation of the bastonary, which must be presented to the chairman of the board's desk
general.
Article 37.
Vacancy, replacement and interim election
1-The vacancies verified in collegial bodies that result from suspension, resignation, death or
disability, or other causes, are filled by the substituent respects, in the terms
of the organization's regulation of the Order.
2-In the case of vacancy of the office of bastonary, mid-term elections are held.
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3-Loss the mandate, upon decision by the president of the organ to which they belong or from the
respects table, as per cases, the members of the organs of the Order who exceed the
number of missed outlines in the respect of the regulation, as well as those that are
condemned the disciplinary sanction that makes them ineligible for the office they exercise, or
that they incur in situations of incompatibility with the exercise of the profession.
4-A The vacancy of more than half of the directly elected collegiate body members, then
of exhausted all substitutions, obliges to the realization of mid-term elections, unless
resting less than one year to end the term, in which case the organ passes the
work with the remaining members, provided that at the minimum of one third of the number
total.
SECTION IV
Elections and referendums
Article 38.
Electoral regulation
The elections are governed by the electoral regulation, approved by the general council, with
respect for the provisions of this Statute.
Article 39.
Electoral commission
1-Direct elections to the organs of the Order are conducted by an election commission,
composed of the table of the general council and a representative of each of the lists
admitted to suffrage, which must be indicated jointly with the presentation of the
respects applications.
2-A The electoral commission is chaired by the chair of the general council's desk.
3-Compete to the electoral commission:
a) Admit the applications;
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b) Scrutinize the electoral process and resolve all the issues arising in its scope;
c) Distribute among the different applications the means of support made available by the
direction;
d) Proceed to the clearance of election results;
e) Decide the resources of the decisions of the desks of the polling stations.
4-A The electoral commission has the support of the services of the Order and all the organs of the
Order shall cooperate with it in the performance of its duties.
Article 40.
Date of elections
1-Elections take place simultaneously for all elective bodies, up to two weeks
before the term of the mandate.
2-In the case of mid-term elections, the same takes place until the 60.
verification of the fact that gave them origin.
Article 41.
Electoral capacity
1-Without prejudice to the provisions of Article 62 (3), they shall have the right to vote the members of the
Order in the full enjoyment of your rights, entered up to the date of the marking of the elections.
2-Without prejudice to the provisions of the bastonary, as well as to the board
jurisdictional, may be candidates for the organs of the Order all of its members who
be voters.
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Article 42.
Applications
1-Applications for the organs of the Order are submitted before the President of the
election commission.
2-Each candidate list for collegial bodies is subscribed to by a minimum of 50 voters,
owing the lists to include the names of all the effective and alternate candidates each
of the organs, together with the declaration of acceptance.
3-Applications to bastonics and to the jurisdictional board are subscribed to by at least
100 voters.
4-Applications only consider themselves to be complete if they include lists for all bodies
subjected to suffrage.
5-Applications are submitted in advance set out in the regulation
electoral.
Article 43.
Equal treatment
1-The competing lists benefit from equal treatment on the part of the organs and the
services of the Order.
2-A Order comprises of the charges of elections and election campaigns with
amount to be set by the direction, to be redepart equally by the competing lists.
Article 44.
Electoral notebooks
1-Election notebooks shall be affixed to the national office in advance provided for
in the electoral regulation in relation to the date of the holding of the election, and it should also be
made available on the site of the Order in Internet .
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2-From the inscription or the undue omission in the electoral notebooks can any voter
complain to the election commission, in the eight days following those of the affixing, owing this
decide on the complaint within 48 hours.
Article 45.
Verification of applications
1-A electoral commission should check the regularity of applications in the five days
subsequent to the closing of the deadline for delivery of the lists.
2-With a view to the supply of the possible irregularities found, the first
subscriptor of the list is notified to the sanar within three working days.
3-Faying the time limit referred to in the preceding paragraph without proceeding to regularization of the
applications, should the electoral commission reject them in the following 24 hours.
Article 46.
Bulletins of vote
1-voting bulletins are issued by the Order, under control of the electoral commission.
2-The ballot papers, as well as the application lists, are sent to all the
voters up to one week before the scheduled date for the electoral act and must be
available at the polling places.
Article 47.
Identification of voters
Voter identification is done through the professional ballot and, failing that, by means of
of the citizen's card or any other civil identification document with photography.
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Article 48.
Polling stations
1-For election effect, they constitute at least as many polling stations as the
constituencies, including the voting table at the national headquarters.
2-A The electoral commission can determine the territorial unfolding of the constituencies.
Article 49.
Voting
1-The vote can be exercised in a presential manner or by post, under the terms of the
electoral regulation.
2-The exercise of the vote by postal route implies the renunciation of the presential vote, the
voting discarded from the presential electoral notebooks.
3-No vote by proxy is allowed.
Article 50.
Complaints and resources
1-Voters and candidates can submit complaint to the polling stations, with
foundation in irregularities of the electoral act, which should be decided by the
closure of the assembly.
2-Of the decisions of the complaints rests with immediate appeal to the electoral commission, to which
should appreciate them within 48 hours, before proceeding to the final clearance,
being the decision communicated to the appellants in writing and affixed to the seat and on the site
Electrolytic of the Order.
3-Of the decisions of the electoral commission is to appeal to the jurisdictional board, on the deadline
of three working days, from the date of their affixing.
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4-The jurisdictional council is summoned by the respected president to decide the resources
on the following eight days.
Article 51.
Referendums
1-By deliberation of the general council, taken by an absolute majority, on a proposal from the
bastonary, may be subjected to consultative or binding referendum of the members
of the Order any questions of the competence of that organ, the bastonary or the
direction, resurred the financial or disciplinary matters.
2-It is subject to mandatory referendum the approval of dissolution proposal of the Order.
3-A The holding of any referendum is mandatorily preceded by the verification of its
legal and regulatory compliance, by the jurisdictional board, under penalty of nullity.
4-A The organization of the referendums comply with the planned regime for the elections, with the
necessary adaptations, in the terms of the competent regulation.
5-Missing Cases are solved in accordance with the general principles of the regime of the
political and legislative referendums, established in the Constitution and in the law.
CHAPTER III
External responsibility of the Order
Article 52.
Annual report and information duties
1-A Order elabates annually a report on the pursuit of its tasks, which
is presented to the Assembly of the Republic and the Government by March 31 of each year.
2-A Order provides the Assembly of the Republic and the Government with all the information that it
is requested in respect of the pursuit of its assignments.
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3-The bastonary shall correspond to the request of the relevant parliamentary committees
to provide the information and clarifications that these will require.
Article 53.
Judicial control
1-The acts and omissions of the organs of the Order shall be subject to the administrative jurisdiction in the
terms of the respect legislation.
2-jurisdictional resources may not be interposed before they are exhausted the
internal resources provided for in this Statute, specifically the resources for the
court advice.
CHAPTER IV
Administrative, patrimonial and financial management
Article 54.
Year socia l
The social year corresponds to the calendar year.
Article 55.
Administrative management
1-A Order has necessary services to the pursuit of its assignments, in the terms
of the respected regulation.
2-A The Order shall be subject to the jurisdiction of the Court of Auditors.
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Article 56.
Workers
Workers of the Order are subject to the Labor Code regime, being
observed in the process of selection the principles of equality, transparency, advertising and
of the statement of reasons based on objective selection criteria.
Article 57.
Recipes
1-Constitutions revenue of the Order:
a) The quotas paid by its members;
b) The fees charged for the services provided to its members;
c) The product of the sale of its publications;
d) The donations, inheritances, legacies and subsidies;
e) The income of goods that are affected by it and financial applications;
f) The revenue from activities and projects;
g) Other revenue from own goods or other service benefits.
2-The revenues are affected to the attributions of the Order, in the terms to be defined in the budget and
plan of annual activities.
3-The fees for the services provided must be fixed in accordance with criteria of
proportionality.
4-The deliberations on the setting of the quotas and the fees are approved by the board
general, by an absolute majority, on a proposal from the direction, pursuant to Article 43 (3)
of Law No. 2/2013 of January 10.
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Article 58.
Quotas
1-The quotas to be paid by the members of the Order, as well as the respective regime of
collection, are defined in own regulation.
2-The quotas are annual, without prejudice to the possibility of their payment being semestral or
monthly.
3-The revenue from the collection of quotas is affected by the pursuit of the assignments
of the Order, in the terms to be set out in the budget and plan of annual activities.
Article 59.
Expenses
They constitute expenditure of the Order the spending on facilities and equipment and with the staff,
as well as with all the activities necessary for the pursuit of your assignments.
CHAPTER V
Members of the Order
SECTION I
Inscription
Article 60.
Compulsion
1-A award of the professional title, its use and the exercise of the profession of nutritionist,
in any sector of activity, individually or in professional society,
depend on the enrollment in the Order as an effective member, without prejudice to the provisions of the
n. 5 of the following article.
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2-For the purposes of the provisions of the preceding paragraph, any sector of activity shall be considered, the
public sector, private, cooperative, social or other, regardless of exercise
on your own or on account of a listening.
3-A provision of nutritionist services by employing companies or subcontractors
of nutritionists does not depend on registration in the Order, without prejudice to the regime of the
professional societies and the provisions of Article 73.
4-The illegal use of the professional title or the exercise of the untitled profession are punished in the
terms of the criminal law.
5-No one may hire or use services to professionals who are not enrolled in the
Order.
6-A infraction to the provisions of the preceding paragraph constitutes counterordinance, punishable by
coima in the equivalent amount between 3 and 10 IAS, to be applied by the Minister of Health, under
proposal of the Order, to which it competes the instruction of the process and which benefits from 40% of the
amount of the fines applied, ending the remaining 60% to the State.
Article 61.
Inscription
1-Can sign up in the Order, for access to the profession of nutritionist:
a) The holders of the degree of licentiate in the sciences of nutrition, in dietetics or in
dietary and nutrition, conferred, following a course with no duration
less than four curricular years, per Portuguese higher education institution;
b) The holders of foreign higher academic degree in nutrition sciences, in
dietary or in dietary and nutrition, to whom an equivalence is conferred on one of the
degree referred to in the previous subparagraph;
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c) The national professionals of Member States of the European Union or of the
European Economic Area whose qualifications have been obtained outside
Portugal, pursuant to Rule 71.
2-A enrolment of nationals of third States whose qualifications have been obtained
out of Portugal and to which the provisions of the paragraph apply c ) of the previous number
depends equally on the guarantee of reciprocity of treatment, in the terms of
international convention, including convention concluded between the Order and the authority
congeniere of the country of origin of the person concerned.
3-Sign up still in the Order, as members:
a) The professional societies of nutritionists, including the subsidiaries of organisations
associatives of nutritionists constituted under the right of another state,
pursuant to Art. 74;
b) The permanent representations on national territory of organisations
associatives of nutritionists constituted under the right of another state,
if they wish to be members of the Order pursuant to Rule 75.
4-To exercise in the occasional and sporadic manner on national territory of the activity of
nutritionists, in regime of free provision of services, by national professionals of
Member States of the European Union and of the European Economic Area whose
qualifications have been obtained outside of Portugal applies the provisions of Article 72.
5-A enrollment in the Order for the exercise of the nutritionist profession can only be
refused:
a) Because of a lack of higher academic training under the terms of the points a ) a c ) of paragraph 1;
b) When the person concerned has been applied for interdiction or suspension of the
exercise of the profession provided for in the law, or on the grounds of criminal infraction,
counteractional or disciplinary.
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6-A enrollment as a member of the Order may occur at all time.
Article 62.
Trainees
1-They must register as an intern the candidates for access to the profession, up to the
approval in the evidence of professional habilitation.
2-The trainees may be exempt from quota or subject to the reduced quota payment.
3-The trainees are subject to the jurisdiction of the Order, including the disciplinary power,
being, however, barred from electing and being elected.
4-The national professionals of Member States of the European Union or of Space
European Economic whose qualifications have been obtained outside Portugal and
intend to carry out the internship on national territory, may register as a member
trainee of the Order.
5-The professional stage of adaptation, as a measure of compensation, is governed by the
Law No. 9/2009 of March 4, amended by Laws No 41/2012 of August 28, and
25/2014, of May 2.
Article 63.
Professional stage
1-For the passage the effective member of the Order, the member's respectivehas
compulsorily to carry out a professional oriented internship, under supervision of the
Order.
2-The professional internship has a duration of six months, pursuant to the regulation of
stage of the Order.
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3-With the realization of the internship it is intended for the trainee to apply, in real context of
work, the theoretical knowledge arising from their academic training,
develops capacity to solve concrete problems and acquire the skills and
methods of work indispensable to a competent and responsible exercise of the
professional activity of the nutritionist, specifically in its technical strands,
scientific, deontological and interpersonal relationship.
4-In addition to the professional practice guided by a nutritionist with at least five
years of professional exercise, the professional internship may include the frequency of courses,
conferences, working sessions, seminars and similar initiatives, organized by the
Order or by it recommended, being mandatory a seminar on deontology
professional.
5-Professional deontology seminars and proof of professional habilitation
arise biannually, without prejudice to the provisions of Article 61 (6).
6-In addition to the provisions of this Statute, the professional stages shall be governed by
own regulation, drawn up by the direction and approved by the general council, which
only produces effects after approval by the member of the Government responsible for the
area of health.
Article 64.
Rights and duties of trainee members
1-The trainee members of the Order are subject to the duties that are not
incompatible with its condition, specifically:
a) Respect the principles set out in this Statute, in the deontological code and
in the remaining regulations of the Order;
b) Observe the rules and conditions which impose themselves on the breast of the entity receiving it;
c) Guarding respect, secrecy and loyalty to the professional internship advisor and
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to with the entity that receives it;
d) Participate in the definition of the parameters of the operation and orientation of internship and
comply with the defined in the professional internship project;
e) Collaborate with diligence, commitment and competence in all activities,
work and training actions that will come to attend in the framework of the internship
professional;
f) Contribute to the good reputation of the Order and abstain from practices that the
prejudiation;
g) Elaborate and present an internship report that faithfully describes the activities
developed in the professional stage;
h) Pay in a timely manner the fees to which you are obliged.
2-The trainee members of the Order shall enjoy the rights that are not vetted and
which are not incompatible with their condition, specifically:
a) Be supported by the Order in the defence of its rights and professional interests;
b) Sign up for any trainee training courses organised by the
Order;
c) Sign up in the Order as an effective member, after the completion of the internship
professional and approval in the evidence of professional habilitation.
Article 65.
Rights and duties of the advisor
1-To the professional internship advisor is up to responsibility for direction and supervision
of the activity pursued by the trainee.
2-Can be internship advisor any effective member of the Order, in the full enjoyment of the
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rights that fit this title, which proves to have at least five years of
professional experience and has attended a professional deontology seminar
promoted by the Order.
3-The professional internship advisor is subject, especially, to the following duties:
a) To ensure compliance with the professional internship project;
b) Ensure professional, ethical and deontological rigor, both at the level of training
granted to the trainee, as from the requirement imposed on it;
c) Give advice as to the application for extension of the internship period
presented by the trainee, pursuant to the terms set out in this Statute;
d) Draw up a report on the trainee's internship, in which it concludes by its aptitude
or unfitness for the exercise of their professional duties;
e) Integrate the jury from the oral examination of the report of your trainee.
Article 66.
Suspension of the internship
1-The trainee may, on reasonable grounds, duly justified, apply for the
suspension of your internship period, owing as soon as to indicate the foreseeable duration
of the same.
2-A suspension, in any case, may not exceed the maximum duration of six months,
followed or interpolated.
3-In the event of illness, pregnancy, motherhood and paternity, the six-month period
referred to in the preceding paragraph may be extended, should the trainee the rewant and
demonstrate the respect necessity.
Article 67.
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Personal accident insurance and professional insurance
During the professional internship, the trainee member of the Order must benefit from insurance
of personal accidents and professional insurance, to be hired by the entity itself or by the entity
receiver.
Article 68.
Proof of professional habilitation
1-Professional title, with the enrollment in the Order as an effective member, depends on the
approval in the professional habilitation proofs, which include:
a) Oral examination of the candidate's internship report, which must be accompanied by the
internship advisor report;
b) Evidence on knowledge of professional deontology.
2-The evidence of professional habilitation is the competence of a jury consisting of three
professionals, with at least five years of professional activity, named by the
direction, under the terms of the internship regulation.
3-In the event of a reproofing in the proof of the internship report, the candidate has to continue the
stage for another six months, with subjection the new proof.
4-In the event of a deprecation in the proof of deontological knowledge, there is repetition of the
proof within 30 days, save if you check the situation of the previous number, case in
that both of these proofs take place on the same date.
Article 69.
Professional ballot
1-With the inscription is issued professional ballot, signed by the bastonary.
2-A The professional ballot follows the model to be approved by the direction.
Article 70.
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Suspension and cancellation
1-Are suspended from the Order the members who:
a) For your initiative to require suspension;
b) They find themselves in a situation of incompatibility with the exercise of the profession;
c) Be punished with the disciplinary sanction of suspension or subject to suspension
preventive in disciplinary process.
2-It is cancelled the enrollment in the Order to members that:
a) Cease to exercise professional activity and to communicate it in the direction;
b) Be punished with disciplinary sanction of expulsion or with criminal sanction, or other,
of professional interdiction, in the terms of the law.
SECTION II
Professionals of the European Union and of the European Economic Area
Article 71.
Right of establishment
1-The recognition of professional qualifications of national Member State of the
European Union or the European Economic Area obtained outside Portugal, for your
enrolment as a member of the Order, is governed by Law No. 9/2009 of March 4,
amended by Laws No 41/2012 of August 28, and 25/2014, of May 2, without prejudice
of special conditions of reciprocity, should the qualifications in question have been
obtained outside the European Union or the European Economic Area.
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2-The professional who intends to register in the Order under the preceding paragraph and
who pay services, in a subordinate or autonomous manner or in the quality of a partner or
which act as a manager or administrator in the Member State of origin, in the framework of
associative organization of professionals, must, noted the provisions of paragraph 4 of the article
37 of Law No. 2/2013 of January 10, to identify the organization concerned in the application
presented in accordance with Article 47 of Law No. 9/2009 of March 4, amended by the
Laws No 41/2012, of August 28, and 25/2014, of May 2.
3-In case the fact to be communicated in the terms of the preceding paragraph occurs after the submission of the
application for recognition of qualifications, must the associative organization in question be
identified before the Order, within 60 days.
Article 72.
Free provision of services
1-The legally established professionals in another Member State of the European Union
or the European Economic Area and which there will develop activities comparable to the
professional activity of nutritionist regulated by this Statute, may exercise-
las, in the occasional and sporadic manner, on national territory, in free provision
of services, pursuant to Law No. 9/2009, of March 4, amended by the Laws
n. ºs 41/2012, of August 28, and 25/2014, of May 2.
2-The professionals referred to in the preceding paragraph may make use of the professional title of
nutritionist and are equied the nutritionist, for all legal effects, except
when the contrary results from the provisions in question.
3-The professional who pays services, in a subordinate or autonomous manner or in quality
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of a partner or who atue as a manager or administrator in the Member State of origin, in the
scope of associative organization of professionals and intend to exercise their activity
professional in national territory in that capacity, in regime of free provision of
services, must identify, in the face of the Order, the associative organization on account of which
provides services in the declaration referred to in Article 5 of Law No 9/2009 of March 4,
amended by Laws No 41/2012 of August 28, and 25/2014, of May 2.
Article 73.
Electro trade
The legally established professionals in the Member State of the European Union or of the
European Economic Area, which there will develop activities comparable to activity
practitioner of nutritionist regulated by this Statute, may exercise them, through
of electronic commerce, with a destination to the national territory, observed to be the
requirements applicable in the Member State of origin, in particular the standards
deontology there behold, as well as the permanent provision of information
provided for in Article 10 of the Decree-Law No 7/2004 of January 7, as amended by the
Decree-Law No. 62/2009, of March 10, and by Law No. 46/2012 of August 29.
SECTION III
Societies of professionals
Article 74.
Societies of professionals
1-Nutritionists established in national territory may exercise in group a
profession, as long as they constitute or join as partners in professional societies
of nutritionists.
2-Can still be partners of societies of practitioners of nutritionists:
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a) The societies of practitioners of nutritionists, previously constituted and registered
as members of the Order;
b) The associative organizations of professionals equated with nutritionists
constituted in another Member State of the European Union or Space
European Economic, whose capital and voting rights fall majoritariously to the
professionals concerned.
3-The capital requirement referred to in para. b ) of the preceding paragraph shall not apply in case of
associative organization does not have social capital.
4-The riding judgement referred to in paragraph 4 b ) of paragraph 2 is governed by:
a) As for nationals of a Member State of the European Union or of Space
European Economic Commission, by Article 1 (4) of Law No 9/2009 of March 4,
amended by Laws No 41/2012 of August 28, and 25/2014, of May 2;
b) As for nationals of third countries whose qualifications have been obtained outside
of Portugal, by the internationally-beholdant reciprocity regime.
5-Societies of nutritionists shall enjoy the rights and are subject to the applicable duties
to professionals members of the Order who are compatible with their nature,
being in particular subject to the principles and deontological rules set out in the
present Statute.
6-Societies of professionals are not recognised electoral capacity.
7-The members of the executive body of the professional societies of nutritionists,
regardless of their quality of members of the Order, they must respect the
principles and deontological rules, technical and scientific autonomy and guarantees
conferred on nutritionists by the law and the present Statute.
8-Professional societies of nutritionists may exercise, on a secondary basis,
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any activities that are not incompatible with the activity of nutritionist, in
relation to which no impediment occurs in the terms of this Statute, no
being these activities subject to the control of the Order.
9-A The constitution and the functioning of the societies of professionals appear in diploma
own.
SECTION IV
Other organizations of providers
Article 75.
Associative organisations of professionals from other Member States
1-The associative organizations of professionals equated with nutritionists constituted
in another Member State of the European Union or of the European Economic Area, whose
capital with right to vote fall majority-to the professionals concerned and or the
other associative organizations whose capital and voting rights fall majority-owned
to those professionals, can inscribe the permanent representations on permanent
Portugal, constituted under the terms of the commercial law, as members of the Order, being
while such equates to societies of nutritionists for the purpose of the present
Statute.
2-The capital requirements referred to in the preceding paragraph shall not apply in case of
associative organization does not have social capital, applying, in its place, the
requirement for allocation of the majority of voting rights to the professionals mentioned there.
3-The equiparation judgment referred to in paragraph 1 is governed by:
a) As for nationals of a Member State of the European Union or of Space
European Economic Commission, by Article 1 (4) of Law No 9/2009 of March 4,
amended by Laws No 41/2012 of August 28, and 25/2014, of May 2;
b) As for nationals of third countries whose qualifications have been obtained outside
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of Portugal, by the internationally-beholdant reciprocity regime.
4-The legal regime of enrolment of associative organizations of professionals of others
Member States shall appear in the diploma setting out the legal regime of the constitution and
operation of the societies of professionals who are subject to associations
professional public.
5-The associative organizations of professionals from other Member States are not
recognized electoral capacity.
Article 76.
Other providers
The collective persons who provide services of nutritionists and do not constitute themselves under the
form of companies of professionals are not subject to enrolment in the Order, without prejudice
of the obligatory enrolment in the Order of the professionals who pay their respects
activity pursuant to this Statute.
SECTION V
Rights and duties
Article 77.
Rights
1-Constituent rights of the effective members of the Order:
a) Elect and be elected to the organs of the Order, save the incapacities provided for in the
this Statute;
b) Participate in the activities of the Order and exercise any functions in its scope;
c) Be supported by the Order for the defence of your professional rights and interests,
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saved in relation to situations involving disciplinary liability in the face of
Order;
d) Be informed by the Order about the studies, reports and opinions concerning the
exercise of the profession;
e) Participate in and benefit from the social and scientific activity of the Order and use the services
offered by the Order;
f) Apply for your professional ballot and the remaining documents required by
exercise of the profession;
g) Exercise the right of defence in any disciplinary procedure and to appeal the
acts that affect your legally protected rights and interests;
h) Apply for specialty securities, in the terms provided for in this Statute and
in the applicable regulations;
i) Request the official substantiation of your professional qualification;
j) Request the suspension or cancellation of your enrolment, pursuant to Rule 70.
2-The non-payment of contributions for a period of more than six months, after notice
prior, determines the impediment of participation in the institutional life of the Order, well
how to enjoy their services, while endure that situation.
Article 78.
Duties
They constitute the duties of the effector members of the Order:
a) Participate in the institutional life of the Order;
b) Pay the shares and fees due and the remaining regulatory burdens;
c) Comply with and enforce the laws, regulations and deliberations of the organs of the
Order;
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d) To provide commissions and working groups with the collaboration that is requested to them;
e) Carry out the posts for them to be elected and the functions for which they are
designated with their consent or which constitute an obligation in the
terms of this Statute;
f) Contribute to the good reputation of the Order and seek to broaden its scope of
influence;
g) Acting in solidarity in the defence of the collective interests of the members of the Order;
h) Keep the Order informed as to all personal and professional data
constants of the professional register, particularly as to the domicile
professional and as to impediments to professional exercise;
i) Hire professional liability insurance.
CHAPTER VI
Disciplinary regime
SECTION I
General provisions
Article 79.
Disciplinary infraction
1-It is considered to be infringing all action or omission that consists in violation, by
any member of the Order, of the duties laid down in law, in this Statute and
in the respects regulations.
2-A disciplinary infraction is:
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a) Lightweight, when the accused viole in a little intense manner the professional duties to
which is found to be adstrite in the exercise of the profession;
b) Grave, when the accused seriously violates the professional duties to which if
finds adstrite in the exercise of the profession;
c) Very serious, when the accused viole the professional duties to which he is adstrite in the
exercise of the profession, affecting with your conduct, in such a way, the dignity and the
professional prestige, which will definitely make it impossible to exercise the
profession.
3-The disciplinary infractions provided for in this Statute and in the other legal provisions
and applicable regulations, are punishable by the title of dolo or negligence.
Article 80.
Disciplinary jurisdiction
1-Members of the Order are subject to the disciplinary power of the organs of the Order, in the
terms provided for in this Statute and in the disciplinary regulation.
2-During the time of suspension of the inscription the Member of the Order remains subject to the
disciplinary power of the Order.
3-The cancellation of enrollment does not cease disciplinary liability for infractions
previously practiced.
4-A The punishment with the sanction of expulsion does not stop the disciplinary responsibility of the
member of the Order regarding the infractions by him committed prior to the decision
definitive that has applied them.
Article 81.
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Independence of the disciplinary responsibility of the members of the Order
1-A disciplinary responsibility is independent of civil and criminal liability
arising from the practice of the same fact and coexists with any other provided by law.
2-A disciplinary liability to the Order coexists with any other foreseen
by law.
3-When, on the grounds of the same facts, criminal proceedings have been instituted
against a member of the Order and, to be aware of the existence of a disciplinary infraction,
it is necessary to judge any matter that cannot be properly resolved in the
disciplinary proceedings, the suspension of the disciplinary procedure may be ordered during the
time in which, by force of jurisdictional decision or jurisdictional assessment of
any question, the march of the corresponding process cannot begin or
continue to take place.
4-A The suspension of the disciplinary procedure, in the terms of the preceding paragraph, is communicated by the
Order to the competent judicial authority, to which you must order the consignment to the Order of
copy of the order dispatch and, if it there is place, of the pronunciation dispatch.
5-Elapsed the deadline set in accordance with paragraph 3 without the matter having been resolved, the
question is decided in the disciplinary process.
6-Where, in criminal proceedings against Member of the Order, it is designated day for the
trial hearing, the court must order the referral to the Order, preferably
by electronicity, from the order of charge, the dispatch of pronunciation and the
contestation, if it has been presented, as well as any other elements
requested by the direction or the bastonary.
7-A disciplinary responsibility of the members before the Order, arising from the practice of
infractions, is independent of disciplinary responsibility in the face of respect
employers, for violation of the emerging duties of working relationships.
Article 82.
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Disciplinary responsibility of the societies of professionals and practitioners in
free provision of services
1-Collective persons members of the Order are subject to the disciplinary power of their
organs, under the terms of this Statute and the law establishing the legal regime of the
constitution and operation of the societies of professionals who are subject to
professional public associations.
2-Professional practitioners who provide services on national territory in free
provision are equated with the members of the Order for disciplinary purposes, in the terms
of Article 4 (2) of Law No 9/2009 of March 4, as amended by the Laws 41/2012,
of August 28, and 25/2014, of May 2, with the specificities set out in paragraph 8 of the
article 89 and the disciplinary regulation.
Article 83.
Prescription
1-The right to institute the disciplinary procedure prescribes within five years, to be counted
of the practice of the act, or of the last act, in case of continued practice.
2-If the disciplinary infraction constitutes simultaneously criminal infraction for which the law
establish prescription subject to longer term, the disciplinary procedure only
prescribe after the course of this last term.
3-The limitation period of the disciplinary procedure runs from the day on which the fact is
has consummated.
4-The limitation period only runs:
a) In the instantaneous infractions, from the time of its practice;
b) In the continuing infractions, since the day of the practice of the last act;
c) In the permanent infractions, from the day on which to cease consummation.
5-The disciplinary procedure also prescribes if, since the knowledge by the organ
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competent for the establishment of the disciplinary procedure or the participation effected in the
the terms of Article 86 (1), the corresponding disciplinary procedure is not initiated,
within one year.
6-The limitation period of the disciplinary procedure suspending itself during the time in which the
disciplinary proceedings are suspended, awaiting dispatch of prosecution or pronunciation
in criminal proceedings.
7-The limitation period comes back to running from the day on which the cause of the suspension is ceased.
8-The period of limitation of the disciplinary procedure referred to in paragraphs 1 and 5 shall interrupt with
the notification to the accused:
a) Of the establishment of the disciplinary procedure;
b) From the prosecution.
SECTION II
From the exercise of disciplinary action
Article 84.
Exercise of disciplinary action
1-Have legitimacy to participate in the Order facts susceptible to constituting infringement
discipline:
a) Any person directly or indirectly affected by the participating facts;
b) The direction;
c) The provider of the recipients of the services;
d) Officiously, the president of the jurisdictional council himself;
e) The Public Prosecutor's Office, pursuant to paragraph 3.
2-Courts and any other authorities shall give notice to the Order of the
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practice, on the part of the members of this, of facts susceptible to constituting infringement
discipline.
3-The Public Prosecutor's Office and the criminal police bodies refer to the Order's certificate
denunciations, stakes or complaints filed against members of the Order and that
may substantiate facts susceptible to constitute disciplinary infraction.
Article 85.
Desistance of participation
The dismissal of the disciplinary participation by the participant extinguishes the disciplinary procedure,
unless the imputed infraction affects the dignity of the member of the targeted Order and, in this case,
this manifests intention for continuation of the process, or the prestige of the Order or of the
profession, in any of its specialties.
Article 86.
Introduction of the disciplinary procedure
1-Any organ of the Order, officiously or having on the basis of complaint, complaint or
participation submitted by duly identified person, containing facts
susceptible to integrating disciplinary infraction of the member of the Order, communicates, from
prompt, the facts to the competent body for the prosecution of the disciplinary procedure.
2-When it concludes that participation is unfounded, hers gives knowledge to the member
of the Targeted Order and are issued the certificates that the same understand necessary for the
tutelage of your legitimate rights and interests.
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Article 87.
Procedural legitimacy
Persons with a direct, personal and legitimate interest in respect of the facts involved,
may request the Order to intervene in the process and apply for and claim what they have
for convenient
Article 88.
Subsidiary law
Without prejudice to the provisions of this Statute, the disciplinary procedure shall be governed by the
disciplinary regulation, being in a subsidiary to be applicable to the procedures
provided for in the General Labor Law in Public Functions, passed by Law No. 35/2014, of
June 20.
SECTION III
From disciplinary sanctions
Article 89.
Application of disciplinary sanctions
1-The disciplinary sanctions are as follows:
a) Warning;
b) Repreension registered;
c) Fine;
d) Suspension of rights and perks in relation to the Order, including electoral rights,
up to a maximum of two years;
e) Suspension of the professional exercise up to a maximum of two years;
f) Expulsion.
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2-A penalty provided for in the paragraph a ) of the previous number is applied to the infractions practiced with
light guilt that it has not resulted in serious injury to the third party, nor to the Order.
3-A penalty provided for in the paragraph b ) of paragraph 1 is applied to the disciplined infractions practiced
with gross negligence, by infraction without gravity or in case of recidivism in the
infraction referred to in the preceding paragraph.
4-A penalty provided for in the paragraph c ) of paragraph 1 shall apply to serious infractions which should not be
punished with more severe sanction and ranges from 1 to 10 IAS.
5-A penalty provided for in the paragraph d ) of paragraph 1 shall apply in case of non-payment culposable
of the quotas and fees due, for a period of more than one year.
6-A penalty provided for in the paragraph and ) of paragraph 1 shall apply to disciplinary infraction affecting
gravely the dignity and prestige of the profession or lese rights or interests
relevant third parties.
7-A penalty provided for in the paragraph f) of paragraph 1 shall apply to very serious infraction when, having
in account of the nature of the profession, the disciplinary infraction has put into cause life, the
physical integrity of the people or is gravely lesive of honour or heritage
alheios or of equivalent values, without prejudice to the right to rehabilitation under the
disciplinary regulation.
8-In the case of professionals in regime of free provision of services on national territory,
the penalties provided for in the paragraphs and ) and f ) of paragraph 1 assume the form of interdiction
temporary or definitive of the exercise of the professional activity in this territory,
depending on the cases, applying, with due adaptations, the provisions of Article 107.
9-Where the infraction results from the violation of a duty by omission, the compliance of the
applied sanctions not waiver the defendants ' compliance with that, if this is still
possible.
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Article 90.
Graduation
1-In the application of the sanctions must be met with professional and disciplinary background
of the accused, the degree of guilt, the gravity and the consequences of the infraction, the situation
economic doa argued and to all the other aggravating or mitigating circumstances.
2-Are mitigating circumstances:
a) The effective exercise of professional activity for a period of more than five
years, without the comortment of any disciplinary infraction and with exemplary
behavior and zeal;
b) The spontaneous repair of the damage caused;
c) The spontaneous confession of the infraction or infractions;
d) The provocation;
e) The fulfillment of a duty, in cases where the same cannot drive the
disciplinary responsibility of the target.
3-Are aggravating circumstances:
a) The determined will of, by the conduct followed, to produce harmful results
to users, to the prestige or dignity of the profession or to the general interest,
regardless of their effective verification;
b) The premeditation;
c) Collusion with other individuals for the practice of the offence;
d) The recidivism;
e) The accumulation of infractions.
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4-A recidivism occurs when the infraction is committed before decorating three years on
the day on which it has finalised the fulfilment of the sanction applied by virtue of infringement
previous, being identical or of the same type as the violated duty.
5-A accumulation occurs when two or more infractions are committed on the same occasion
or when one is committed before it has been punished the previous
Article 91.
Ancillary sanctions
The application of more serious penalties than that of registered reprimand can be accumulated
with the following ancillary sanctions:
a) Removal of office, in the event of a Member of the Order who is to exercise any office in the
organ respects;
b) Impossibility of integration in candidate list of the organs of the Order, by a
maximum period of 15 years.
Article 92.
Accumulation of infractions
Without prejudice to the provisions of this Statute as to the ancillary sanctions, it cannot
apply to the same Member of the Order more than a disciplinary sanction for each fact
punishable.
Article 93.
Suspension of sanctions
1-The disciplinary warning penalties, registered reprimand and suspension may be
suspended when, given the personality of the offender, to the conditions of his life, to the
your prior and subsequent conduct to the infraction and the circumstances of this one, conclude that the
simple censorship of the behaviour and the threat of the sanction carry out in an appropriate manner and
enough the purposes of the punishment.
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2-The time of suspension is not less than six months for the warning and warning sanctions
registered reprimand and one year for the sanction of suspension, nor more than two and three
years, respectively, relying on these deadlines from the date of commencement of compliance
of the penalty.
3-Cessa the suspension of the penalty whenever, in respect of the Member of the punished Order,
be delivered order dispatch in new disciplinary proceedings.
Article 94.
Implementation of sanctions
1-Compete in the direction of giving execution to the decisions rendered at the headquarters of disciplinary proceedings,
specifically, practice the necessary acts to the effective suspension or cancellation of the
enrollment of the members of the Order to whom the suspension and suspension sanctions are applied
expulsion, respectively.
2-A The application of sanction of suspension or expulsion implies the temporary prohibition or
definitive, respectively, of the practice of any professional act and the delivery of the ballot
professional at the headquarters of the Order.
Article 95.
Start of production of effects of disciplinary sanctions
1-The disciplinary sanctions initiate the production of its effects on the day after that in
that the decision becomes final.
2-If, on the date on which the decision becomes final, the enrollment of the accused is suspended
on non-disciplinary grounds, compliance with the disciplinary penalty of suspension has
start on the day following the lifting of the suspension.
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Article 96.
Deadline for payment of the fine
1-The fines imposed under the terms of the paragraph c ) of Article 89 (1) shall be paid in the
period of 30 days, counting from the beginning of production of effects of the sanction sanction.
2-To the Member of the Order who does not pay the fine within the time limit referred to in the preceding paragraph is
suspended its enrollment, upon decision of the disciplinarily competent body, which
it is communicated to you.
3-A suspension can only be lifted after payment of the importance in debt
Article 97.
Communication and advertising
1-A application of any of the penalties provided for in points b ) a f ) of Article 89 is
communicated by the direction to the society of professionals or associative organization by
account of which the accused was providing services at the date of the facts and the competent authority
in another Member State of the European Union or of the European Economic Area, for the
control of the activity of the accused established in that same Member State.
2-A The application of suspension or expulsion sanctions can only take place preceding
public hearing, unless the defendant is missing, in the terms of the disciplinary regulation.
3-The penalties provided for in the paragraphs and ) and f ) of Article 89, publicity is given through the site
officer of the Order and in places deemed to be of idogens for the fulfillment of the purposes
of general prevention of the legal system.
4-The disciplinary sanctions provided for in points b ) a d ) of Article 89 are always made
public, save when the jurisdictional council justifiably determines thing
different, for reasons connected to the defence of the interests of the Order or rights or
legitimate interests of third parties.
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Article 98.
Prescription of disciplinary sanctions
Disciplinary penalties prescribe in the following deadlines, from the date on which the
decision has become unimpeachable:
a) One month, for the sanction of registered reprimand;
b) Three months, for the penalty of fine;
c) Six months, for the suspension penalties provided for in points d) and and ) of Article 89;
d) One year, for the sanction of expulsion.
Article 99.
Conviction in criminal proceedings
1-Whenever in criminal proceedings the prohibition of exercise of the profession is imposed
for a given period of time, this is deducted from the disciplinary sanction of
suspension which, by the practice of the same facts, comes to be applied to the member of the
Order.
2-A The conviction of a member of the Order in criminal proceedings is communicated to this
entity, for the effects of averaging to the enrollment respect.
SECTION IV
From the process
Article 100.
Compulsion
The application of a disciplinary sanction is always preceded by the finding of the facts and the
disciplinary liability in own process, in the terms provided for in the present
Status and the disciplinary regulation.
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Article 101.
Forms of the process
1-A disciplinary action carries the following forms:
a) Process of enquiries;
b) Disciplinary process.
2-The process of enquiries is applicable when it is not possible to clearly identify the
existence of a disciplinary infraction or the infringing respect, imposing itself on
of summary representations for the clarification or realization of the facts in question.
3-Applies to the disciplinary process whenever the particular Member of the Order is
imputed facts duly realized, susceptible to constituting infringement
discipline.
4-After ascertaining the identity of the offender or as soon as they show minimally
concretized or clarified the participating facts, being they susceptible to constitute
disciplinary infraction, is proposed the immediate conversion of the process of enquiries into
disciplinary proceedings, upon appearing succinctly reasoned.
5-When participation is manifestly unviable or unfounded, it should the same be
liminally filed, giving fulfillment to the provisions of Article 86 (2).
Article 102.
Disciplinary procedure
1-The disciplinary procedure is regulated in the disciplinary regulation.
2-The disciplinary process is composed of the following phases:
a) Instruction;
b) Defence of the accused;
c) Decision;
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d) Execution.
3-Regardless of the phase of the disciplinary procedure, they are assured to the accused all the
guarantees of defence, in the general terms of law.
Article 103.
Preventive suspension
1-After the hearing of the accused or if this, having been notified, does not appear to be
heard, can be ordered for your preventive suspension, upon deliberation taken
by a qualified majority of two thirds of the members of the competent body of the Order.
2-A suspension referred to in the preceding paragraph shall only be enacted in cases where
there are indications of the practice of disciplinary infraction to which it corresponds to one of the sanctions
provided for in points and ) and f) of Article 89 (1)
3-A preventive suspension may not exceed three months and is always discounted in the sanction
of suspension.
Article 104.
Secret nature of the process
1-The process is of a secret nature until the dispatch of prosecution or archiving.
2-The rapporteur may, however, authorize the consultation of the case by the accused, by the participant
or by the interested, when hence it does not result inconvenient for the instruction and under
condition of not being disclosed what his const.
3-The defendants or the interested, when member of the Order, who does not respect nature
secret of the process incurs disciplinary responsibility.
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SECTION V
Of the guarantees
Article 105.
Judicial control
The decision on the application of a disciplinary penalty shall be subject to the jurisdiction
administrative, according to the legislation respecting legislation.
Article 106.
Review
1-It is permissible to review the final decision delivered by the organs of the Order with
disciplinary competence whenever:
a) A court ruling carried forward on trial to declare false any elements or
means of evidence that has been determinant for the decision to revidend;
b) A court ruling carried out on trial has given as a proven crime
committed by member or members of the organ that delivered the decision revidend and
related to the exercise of their duties in the process;
c) The facts that have served as a basis for the sentencing decision are irreconcilable
with those that are given as proven nother definitive and opposition decision
result in serious doubts about the fairness of the conviction;
d) If they have discovered new facts or means of proof that by themselves combined
with those who have been appreciated in the process, whisper grave doubts about justice
of the sentencing decision delivered.
2-A simple allegation of illegality, formal or substantial, of the process and decision
disciplining, does not constitute grounds for the review.
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3-A review is admissible even if the procedure finds itself extinct or the sanction
prescribed or abiding.
4-The exercise of the right of review provided for in this Article shall be governed by the
applicable provisions of the disciplinary regulation.
Article 107.
Professional rehabilitation
1-The Member of the Order to whom the punishment of expulsion has been applied may be subject
the rehabilitation process, upon application, as long as they check
cumulatively the following requirements:
a) Have elapsed more than 10 years on the transit on trial of the decision which
applied the penalty;
b) The rehabilitating has revealed good conduct, and may, in order to demonstrate it, use
any legally permissible means of proof.
2-Delibered rehabilitation, the member of the rehabilitated Order fully recovers his
rights and is given the publicity due, pursuant to Art. 97, with the necessary
adaptations.
CHAPTER VII
From professional deontology
Article 108.
General principles of professional conduct
They constitute principles of professional conduct of nutritionists:
a) Pauper your action, in the different areas of professional acting, by the principles
ethics governing scientific practice and the profession;
b) Comply with and enforce the deontological standards applicable to the profession;
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c) Report all situations that do not coalesate with the deontological standards
applicable to the profession.
Article 109.
General duties
They are general duties of nutritionists:
a) Acting with independence and professional exemption;
b) Prestigious and dignifying the profession;
c) Exercise your activity with diligence and zeal;
d) To use the appropriate scientific and technical instruments to the rigour required in practice
of the profession, developing an informed practice and conducted by the evidence
scientific;
e) Provide adequate information to the customer by making it understand it so that it can
choose freely, empowering you to consent to or voluntarily declines a
service, a treatment or participation in an investigation;
f) To place their capacity in the service of the public interest inherent in the profession;
g) Commit yourself to the continuous updating of your knowledge and your
scientific, technical and professional capacities;
h) Recognize your professional skills and preserve the autonomy of the
profession, seeking multidisciplinary support, when necessary;
i) Defend and make up for professional secrecy, requiring the same of people under
your direction or orientation;
j) Know and act with respect for legal and regulatory precepts;
k) Respect the mismatches that arise from the law;
l) Comply with and enforce the deontological standards applicable to the profession;
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m) Identify yourself in a precise way as a member of the Order, notably through
of the professional name and the number of professional ballot;
n) Report to the jurisdictional board all situations that do not coddden with the
deontological standards applicable to the profession;
o) Refrain from exerting your activity in areas of the professional exercise for which
have not received specific training;
p) Refuse any interferences in the exercise of your activity that they put in
cause technical-scientific or ethical aspements associated with the professional exercise,
regardless of their roles and hierarchical dependencies or location
where they exercise their activity;
q) Abstaining from using specific tools of the profession for which not
have received training and are dissuitable to the context of application;
r) Refrain from deviating for own private care, with a lucrative purpose,
person in care or attendant in institution with whom to maintain
any type of bond;
s) Refuse any incentives or offers that may affect, or be construed
as apt to affect, the good professional practice.
Article 110.
Duties to the Order
They constitute specific duties of nutritionists to with the Order:
a) The performance of professional internship orientation functions, unless reason
justified;
b) The performance of duties on juries of professional habilitation proof, save
justified reason;
c) The cooperation in disciplinary procedures;
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d) The denunciation of the situations of illegal exercise of the profession, namely by lack
of educational and professional qualifications, including the lack of enrollment in the
Order, or by reason of suspension or interdiction.
Article 111.
Duties to the customers
Within the framework of their relationships with customers, nutritionists must:
a) To provide your services with respect for the dignity of customers, by their
needs and for their personal values, without any kind of discrimination;
b) Keep clear and updated records;
c) Ensure the confidentiality and privacy of information collected in the performance
of its functions;
d) Provide sufficient information on the services to be provided, for a choice
informed, respecting the autonomy of the client;
e) Pauper professional activity by criteria of honesty and integrity, without
financial, emotional or sexual exploitation;
f) Refrain from publishing your services in a false or misleading manner;
g) Provide detailed description of the services and respect associated cost.
Article 112.
Duties to colleagues
In the exercise of the profession, nutritionists must:
a) Treating colleagues with urbanity and respect;
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b) To refrain from denigrating the work of colleagues, without prejudice to the freedom of
critical appreciation;
c) Abstain from acts of unfair competition, without prejudice to the freedom of
competition in the provision of services;
d) Promoting an environment that favors ethical behaviour, the quality of the
service provided, the assessment and opportunities for performance improvement
professional;
e) Support and guide the work of younger colleagues in the profession by promoting their
professional integration, without prejudice to the duty to guide professional internship;
f) Maintain the principle of impartiality in any assessment of performance and
recognize the legitimate differences of opinion;
g) Respect the different forms of acting, as long as framed in the area
professional, as well as the different professional opinions;
h) Mention the contributions of other colleagues, as collaborators and how
providers of information, within the framework of scientific and other work.
Article 113.
Duties for other professionals
When, within the framework of their professional activity, nutritionists have to relate
with other professionals, specifically from the area of health, should:
a) Keep true to the technical-scientific rigor inherent in your professional activity;
b) Recognize your technical and professional skills and seek support
multidisciplinary when necessary, preserving the autonomy of the profession and
respecting the acting limits of each professional;
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c) Collaborate with other professionals, while respecting the duties and responsibilities that
proceed from the deontological standards applicable to the profession and standards of
professional conduct of the other professionals;
d) Collaborate with other professionals in the sharing of information, whenever this is
relevant to ensure the best nutritional care to the customer;
e) Ensure your professional identity and do not take responsibility for work
carried out by other professionals, nor allow others to take over
liability for work carried out by you;
f) Respect the administrative hierarchy in your area of acting.
Article 114.
Privacy and confidentiality
1-Nutritionists have an obligation to ensure the maintenance of privacy and
confidentiality of all information regarding your client, including existence
of the relationship itself, as well as to know the specific situations in which the
confidentiality presents some ethical or legal limitations.
2-Nutritionists collect and record only the strictly necessary information
about the client, in accordance with the objectives concerned.
3-The customer is informed about the type of use of the records referred to in the number
previous, as well as about the time this information is conserved and under which
conditions.
4-The file, handling, maintenance and destruction of records, reports or any
other documents about the customer, are effected in such a way as to ensure privacy and
confidentiality of information.
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5-The customer has the right of access to information about himself and to obtain the assistance
suitable for a better understanding of that same information.
6-A non-maintenance of confidentiality can justify itself whenever you consider
there is a situation of danger to the customer or to third parties, which may threaten to
a serious form the physical or psychic integrity, danger of significant damage, or
any form of ill-treatment to individuals, minors or adults, particularly
defenceless, on grounds of age, disability, disease or other conditions of vulnerability
physics, psychics or social.
7-Nutritionists who integrate work teams, in articulation situations
interdisciplinary and institutional, may share information deemed confidential
about the customer, taking into account the interest of the same, restricting itself to strictly
necessary for the objectives concerned.
Article 115.
Advertising for services provided
1-Nutritionists can advertise their services in any means of communication
social, on the Internet or by any other means, and shall limit the announcement to data
goals about your activity, specifically the professional name, the number of
professional ballot, your contacts, the academic title and the specialty, when
recognized by the Order.
2-Nutritionists must abstain from any form of subjective advertising,
particularly of a comparative nature with other professionals, identifiable or not
identifiable.
3-In the advertisements that promote, nutritionists observe the discretion, rigor and reservation that
a profession of the area of health requires.
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Article 116.
Development of the deontological rules
The deontological rules of nutritionists are object of development in code
deontological to be approved by the general counsel.
CHAPTER VIII
One-stop shop and transparency of information
Article 117.
Documents and one-stop shop
1-All requests, communications and notifications between the Order and professionals,
societies of nutritionists or other associative organizations of professionals, with
exception of those relating to disciplinary procedures, are carried out by means
electro-electron, through the single electrogenic counter of the services, referred to in Articles 5 and 6.
of the Decree-Law No. 92/2010 of July 26, accessible through the site in Internet from the
Order.
2-When, on the grounds of unavailability of the electrolytic platforms, it is not possible
the fulfillment of the provisions of the preceding paragraph, the transmission of the information in
appreciation can be made by delivery on the services of the Order, by shipment by mail under
register, by fax or by electro mail.
3-A presentation of documents in simple form, in the terms of the previous figures,
dispensing the consignment of the original, authentic, authenticated or certified documents,
without prejudice to the provisions of the paragraph a ) of paragraph 3 and in Article 7 (4) and 5 of the Decree-
Law No. 92/2010 of July 26.
4-It shall also apply to the procedures referred to in this Article to the provisions of the provisions of the
d ) and and ) of Article 5 and in Article 7 (1) of the Decree-Law No. 92/2010 of July 26.
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Article 118.
Information on the Internet
In addition to the other information provided for in Article 23 of Law No 2/2013 of January 10,
and of the information referred to in Article 6 (3) of the Decree-Law No 92/2010 of July 26,
and in Article 19 (4) of Directive No 2000 /31/CE, of the European Parliament and of the
Council of June 8, 2000 on certain legal aspements of the services of society
of information, in particular of the electronical trade, in the domestic market, the Order shall
make available to the general public, through their electro-site at the Internet , the following
information:
a) Regime of access and exercise of the profession;
b) Principles and deontological rules and technical standards applicable to your
members;
c) Procedure for filing a complaint or complaints by the recipients,
concerning the services provided by professionals in the context of their
activity;
d) Offers of employment in the Order;
e) Updated registration of its members, of which it appears:
i) The name, the professional domicile and the number of wallet or ballot
professionals;
ii) The designation of the title and professional specialties;
iii) The situation of suspension or temporary interdiction of the exercise of the activity,
where appropriate;
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f) Updated registration of professionals in free provision of services in the territory
national, which are deemed to be enrolled in accordance with Article 4 (2) of the Law
no 9/2009 of March 4, as amended by the Laws No 41/2012 of August 28, and
25/2014, of May 2, which behold:
i) The name and professional domicile and, in case there is, the designation of the title
professional of origin and respect specialties;
ii) The identification of the professional public association in the Member State of
origin, in which the professional finds himself enrolled;
iii) The situation of suspension or temporary interdiction of the exercise of the activity,
where appropriate;
iv) The information relating to the companies of professionals or other forms of
associative organization of professionals to provide services in the
State-Member State of origin, in case here you provide services in that capacity.
Article 119.
Administrative cooperation
The Order provides and requests the administrative authorities of the other Member States of the
European Union and the European Economic Area and the European Commission assistance
mutual and take the necessary steps to cooperate effectively, notably through
of the Internal Market Information System, in the context of the procedures relating to
providers of services already established in another Member State, under Chapter VI
of the Decree-Law No. 92/2010 of July 26, of Article 51 (2) of Law No 9/2009 of 4
of March, amended by the Laws No 41/2012 of August 28, and 25/2014, of May 2, and of the
n. paragraphs 2 and 3 of Article 19 of Directive No 2000 /31/CE, of the European Parliament and of the
Council of June 8, 2000 on certain legal aspements of the services of society
of information, in particular of the electro trade.
CHAIR OF THE COUNCIL OF MINISTERS
76
ANNEX II
(referred to in Article 7)
Republication of Law No. 51/2010 of December 14