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Proposal for Law No 297 /XII

Exhibition of Motives

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

organization and operation of professional public associations.

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

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

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

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

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

widespread provision of relevant information on practitioners and on the

respects societies regulated by professional public associations.

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

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

statued by that Law.

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

approved by Law No. 110/91 of August 29, amended by Laws 82/98, of 10 of

December, and 44/2003, of August 22, to the scheme provided for in Law No. 2/2013, 10 of

January, which in essence translates the maintenance of the already existing statutory provisions

with the amendments arising from the application of the said framework law.

It was heard the Order of Doctors Dentists.

Thus:

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

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

the following proposed law:

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Article 1.

Object

This Law makes the third amendment to the Act No 110/91 of August 29, amended by the

Laws No 82/98 of December 10 and 44/2003 of August 22 on the creation of the

Order of Doctors Dentists and the approval of their Statute, in the sense of the appropriate, à

Law No. 2/2013 of January 10 laying down the legal regime for creation, organisation and

operation of the professional public associations.

Article 2.

Amendment to the Status of the Order of Doctors Dentists

The Statute of the Order of Doctors Dentists, adopted in annex to Law No. 110/91, of 29

of August, amended by the Laws No 82/98 of December 10, and 44/2003, of August 22,

goes on to have the constant essay in Annex I to this Law and of which it is an integral part.

Article 3.

Transitional arrangement

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

Doctors Dentists, keeping current mandates ongoing with the duration

initially defined.

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

the regulations issued by the Order of Doctors Dentists not to contravent the

provisions of the Statute adopted in the annex to this Law.

3-A Order of Doctors Dentists, approves within 180 days, from the date of

entry into force of this Law, the regulations laid down in its Statute.

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Article 4.

Abrogation standard

Articles 2, 3 and 4 of Law No 110/91 of August 29, amended by Laws are repealed.

n. ºs 82/98, of December 10, and 44/2003, of August 22.

Article 5.

Republication

It is republished, in Annex II to this Law and of which it is an integral part, of Law No. 110/91, of

August 29, with the current essay.

Article 6.

Entry into force

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

Seen and approved in Council of Ministers of March 12, 2015

The Prime Minister

The Minister of the Presidency and Parliamentary Affairs

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ANNEX I

(referred to in Article 2)

STATUS OF THE ORDER OF DOCTORS DENTISTS

CHAPTER I

Nature, legal regime, scope and assignments

SINGLE SECTION

General provisions

Article 1.

Nature and denomination

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

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

present Statute and other applicable legal provisions, exercise the profession of medical practitioner

dentist.

2-A OMD is a collective person of public law, which is governed by the respectful law of

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

3-Ressalved the cases provided for in the law, the acts and the regulations of the OMD are not

subject to governmental approval or approval.

4-A OMD has financial, budgetary and own heritage autonomy.

Article 2.

Administrative tutelage

The powers of administrative tutelage on the OMD in accordance with Article 45 of the

Law No. 2/2013, of January 10, and in the respect of the Staff Regulations, are exercised by the member of the

Government responsible for the area of health.

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Article 3.

Principle of specialty

1-A The legal capacity of the OMD comprises the title of rights and obligations

necessary for the pursuit of their assignments.

2-A OMD may not engage in activities or use its powers outside of its assignments,

nor affect its resources at the various purposes of those committed to it.

3-A OMD does not pursue assignments or exercises competences of a trade union nature,

inter alia, those related to economic regulation or linkages

labour and professionals of its members.

Article 4.

Regulatory autonomy

1-The emerging regulations of the bodies of the OMD, in accordance with the

this Statute and which are not lawfully subject to type-approval, follow the

regimen provided for in the Administrative Procedure Code, being placed on

public consultation for participation of those concerned with the necessary adaptations of the

present Statute and the respect of regulatory acts.

2-A public consultation of the OMD's regulations and acts, for the effects of the number

previous, it is valid and effective upon the use of institutional electronic means, or

other means that are suitable for the purpose.

3-All OMD regulations are mandatorily published in the 2 th grade of the Journal

of the Republicic a, and may still be edited or disclosed in publications or by means

official OMD electro-trophic.

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Article 5.

Financial autonomy

The fixed OMD and alters, in the terms set out in this Statute, the monthly or annual value

of the quota due by the members to be registered in the OMD, as well as the fees, of

agreement with criteria of proportionality.

Article 6.

Symbols

1-Are symbols of the OMD, the logo, as well as the medal and the flag that exhibred it,

whose use or authorization are exclusive rights of OMD.

2-A representation of drawing, format and colour of the symbols referred to in the preceding paragraph

is listed in the Annex to this Statute, of which it is an integral part.

3-A OMD may authorize the use of the institutional symbol for legitimate purposes and

identified in the special deliberation of the governing board that grants the right to

use.

4-A OMD can create, through special deliberation of the directional board, emblems or

exclusive siglas of your planned technical and operational services in areas

strategic for oral health, under the executive direction of OMD.

Article 7.

Thirst and scope of acting

1-A OMD has national scope and headquarters in Porto.

2-Within the scope of the tasks, organisation and operation of the OMD, the organisation of the

the Portuguese territory is defined by the following territorial circles:

a) Northern Region;

b) Region Center;

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c) South Region;

d) Autonomous Region of Madeira, which also uses R.A.M.

e) Autonomous Region of the Azores, which also uses R.A.A.

3-A delimitation of the regions referred to in the preceding paragraph corresponds to the units

NUTS level II territorial.

Article 8.

Definitions

1-Defines by dentistry the study, prevention, diagnosis, treatment of

anomalies and diseases of the teeth, mouth, maxillary and attached structures.

2-It is medical practitioner the professional registered in the OMD, pursuant to this Statute and

of the applicable legislation.

Article 9.

Purposes and attributions

1-Are the purposes of the regular OMD and overseeing access to the dental practitioner's profession and the

your exercise by elaborating in the terms of the law the technical and deontological standards

respect, ensure compliance with the legal and regulatory standards of the profession and

exercise disciplinary power over its members, in the framework of a disciplinary regime

autonomous.

2-Are attributions of the OMD:

a) Regulate and defend ethics, deontology and the professional qualification of your

members, with the aim of ensuring and making respect for the right of users to

a qualified dentistry medicine;

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b) Fostering and advocating for the interests of oral health at all levels, by defining

parameters of quality in the exercise of dentistry, zeling by the function

social, dignity and prestige of dentistry and social security;

c) Exercising the disciplinary power pursuant to this Statute;

d) Assign, in exclusive, the professional title of doctor dentist and regulate access

and the exercise of the profession on national territory;

e) Promoting the creation and confers, specialty titles in the framework of medicine

dentistry, organize the colleges ' respects, in the terms provided for in the present

Statute;

f) Recognizing professional qualifications obtained outside of the national territory, in the

the terms of this Statute, the law of the European Union or of convention

international, as a competent authority for access to the profession;

g) Uphold compliance with the law, this Statute and the regulations,

particularly as to the regulation of the profession and the title of a dentist doctor or

medical dentist specialist, acting judicially, if any, against

who illegally practice acts of oral health or illegally use those securities;

h) To promote the development of the medical-dental culture, its nomenclature and

of the qualification of the dentists ' doctors;

i) To promote continuing vocational training, sectoral competences and accreditation

of training events in this scope;

j) Collaborate with the other entities of the Public Administration in the pursuit of

purposes of public interest related to the profession and to national policy

of health in all relevant sector aspets;

k) Participate in the drafting of legislation that concerns the profession;

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l) Participate in the official accreditation processes and the evaluation of the courses that

give access to the profession, as well as actively participate in post-education

graduated;

m) Exercise any other assignments that are committed to you by law.

3-The tasks of the preceding paragraph shall be exercised within the national scope of the OMD.

4-For the purposes of the i) of the previous number the dentist doctor has to carry out a

minimum of 24 hours of training of two in two years corresponding to training

accredited or recognized by OMD.

5-A OMD is prevented from exerting or participating in activities of a trade union nature or

relate to the regulation of economic or professional relations of their

members.

CHAPTER II

Access and exercise of the profession

SECTION I

Access and exercise of the profession

Article 10.

Inscription

1-For the exercise of the professional activity of dentistry, without prejudice to the provisions of

in Article 12, enrollment in the OMD is mandatory.

2-Adquire right to sign up with effective character in OMD for the purpose of exercise of the

dentistry in Portugal

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a) The holders of the graduate degree in Dental Medicine conferred by a

Portuguese higher education institution in the framework of the organisation of studies

previous to the application of Decree-Law No. 74/2006 of March 24, as amended by the

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

115/2013, of August 7;

b) The holders of the master's degree in Dental Medicine conferred by a

Portuguese higher education institution in the framework of the organisation of studies

arising from the application of Decree-Law No 74/2006 of March 24, amended

by the Decrees-Laws n. ºs 107/2008, of June 25, 230/2009, of 14 of

September, and 115/2013, of August 7;

c) The holders of foreign higher academic degrees in Dental Medicine a

who has been conferred equivalence to one of the degrees to which they refer to

previous points;

d) 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 11.

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

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

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

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

congeniere of the country of origin of the person concerned when applicable.

4-For the exercise of dental medicine activity enrolled still in the OMD, as

members:

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

associative organizations of doctors dentists, constituted under the Law

of another State, pursuant to Rule 16;

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b) The permanent representations on national territory of organisations

associative practitioners of dentists constituted under the Law of another

State, if they wish to be members of the OMD, pursuant to Rule 17.

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

dental medicine, in regime of free provision of services, by national professionals

of Member States of the European Union and of the European Economic Area, whose

professional qualifications have been obtained outside Portugal, the willing applies

in Article 12 (1)

6-A admission of the candidates referred to in points (c) and (d) of paragraph 1 and paragraph 3 may still

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

activity of dental medicine in Portugal under the terms of Law No. 9/2009, 4 of

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

7-A The instruction of the application for enrolment is the object of internal OMD regulation.

8-A The conviction for the practice of illegal exercise of the profession is, by and of itself, reason for the

refusal of admission or enrollment in the five years after the transit on trial of the

respects judicial decision.

9-Existing evidence, judged sufficient by the governing board, of illegal exercise of the

profession, without having been handed a judicial decision in the terms of the number

previous, the inscription is admitted to provisional title, until that one is handed down.

10-Being prowound absolute decision the inscription is converted into definitive and, should it be

delivered a damning decision, the provisions of paragraph 8 apply.

11-A provisional application pursuant to paragraph 9 does not give way to the issuance of ballot, emitting

the board of the governing board statement of provisional admission, with mention of the impossibility

of assumption of clinical direction of clinical direction by the visage in legal action.

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12-Elapsed the time limit referred to in paragraph 8, the person concerned may apply for it again

enrollment, which may be refused or admitted to the provisional title, pursuant to the

previous figures, if they check, after the first decision, the same

fundamentals.

13-A refusal to enrolment and the inscription on an interim basis shall be substantiated in the

terms of the previous numbers and notified to the applicant.

14-A OMD informs the person concerned of the application's income, of the regulatory deadline for

final decision on the inscription, the non-existence of tacit deferrals and the routes of

administrative reaction or litigation.

15-Only the professional enrolled in the OMD is authorized to use the professional title of

dentist doctor, without prejudice to the provisions of Article 12.

16-A The reservation of activity and professional title are also applicable to the

workers of the services and bodies of the direct and indirect administration of the State,

of the autonomous regions and local authorities, as well as of the remaining collective persons

public business.

17-Communications among the collective persons obliged to enroll and OMD are

checked with the legal representatives that link the first ones.

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SECTION II

Professionals of the European Union and of the European Economic Area

Article 11.

Right of establishment

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

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

enrollment as a member of the OMD 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 the formalized conditions of reciprocity, of formations that have been obtained

outside the European Union or the European Economic Area, as long as they exist.

2-The professional who intends to register with the OMD under the terms of the previous number and who

pay services, in a subordinate or autonomous manner or as a partner or that

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

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

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

presented, pursuant to Article 47 of Law No. 9/2009 of March 4, as 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, should the associative organization identify itself

in the face of OMD, within the maximum of 60 days.

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Article 12.

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 professional activity of

dentist practitioner regulated by this Statute, may exercise it, in an occasional manner and

sporadic, in national territory, in regime of free provision of services, on the terms

of Law No. 9/2009 of March 4, amended by the Laws 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

dentist doctor and are equated with the dentist doctor 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

of a partner or who atue as a manager or administrator in the Member State of origin, in the

scope of associative organization of professionals and intend to exercise their activity

professional in national territory in that capacity, in regime of free provision of

services, must identify before the OMD the associative organization, on account of which

provides services, in the declaration referred to in Article 5 of Law No 9/2009 of March 4,

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

SECTION III

Suspension and cancellation of enrollment

Article 13.

Suspension of enrollment

1-The inscription is suspended:

a) To those who require it in the regulatory terms set by the board of directors;

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b) To those who persist in the non-payment of quotas, preceded by process

discipline under the terms of this Statute;

c) To those who demonstrably, after verification, have collated with the lack of

qualifications or conditions for the exercise of the profession, by deliberation

of the board of directors;

d) To those who have been punished with the sanction of suspension in the framework of the action

discipline;

e) To those who have been preventively suspended in the framework of disciplinary action,

after the notification of the deliberation of the deontological and discipline council, which

is not actionable.

2-A suspension is grounded in the terms of the preceding paragraph and follows the general scheme of the

written hearing of the target taking place the dispensation or non-existence of hearing always

that checked the requirements in the Administrative Procedure Code.

3-A suspension of enrollment, its fundamentals, its lifting and advertising

shall be governed by this Statute and the applicable enrolment regulation.

Article 14.

Cancellation of the inscription

1-It is annulled the inscription:

a) To those who have been punished with sanction of expulsion;

b) To those who request the cancellation, for having left voluntarily and in

definitive to exercise professional activity.

2-A The deliberation of cancellation is grounded in the terms of the preceding paragraph and follows the

general regime of the written hearing of the target taking place the dispensation or non-existence of

hearing whenever verified the requirements set out in the Code of Procedure

Administrative.

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3-A The cancellation of the inscription is advertised in the terms provided for in this Statute and in the

applicable regulation.

Article 15.

Legal effect

The dentist doctor with the enrollment suspended or annulled is prevented from exercising the

dentistry.

SECTION IV

Societies of professionals

Article 16.

Societies of professionals

1-Dental physicians established in national territory may exercise in group a

profession as long as they constitute or join as partners in professional societies

of dentists ' doctors.

2-Can still be partners of professional societies of dentists:

a) The Professional Societies of physicians dentists previously constituted and

entered as members of the Order;

b) The Associative Organizations of professionals who are equipped with dentists

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 previous number is not applicable in case this

does not have a social capital.

4-The equiparation judgment referred to in point (a) b ) of paragraph 2 is governed by:

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a) As for nationals of a Member State of the European Union or of Space

European Economic Commission, by Article 1 (4) of Law No 9/2009 of March 4,

amended by Laws No 41/2012 of August 28, and 25/2014, of May 2;

b) As for nationals of third countries whose qualifications have been obtained

out of Portugal, by the regime of current equivalences.

5-The professional societies of doctors dentists enjoy the rights and are subject to the

duties applicable to professional members of the Order who are compatible with the

your collective nature and are not privately held by the personality of the natural members,

notably, subject to the constant disciplinary and deontological principles and rules

of this Statute.

6-The members of the executive body of professional medical practitioners of dentists,

regardless of their quality of members of the Order, they must respect the

principles and deontological rules, technical and scientific autonomy and guarantees

conferred on doctors dentistry by the law and the present Statute.

7-Societies of professionals are not recognised electoral capacity.

8-A The constitution and operation of professional societies appears in their own degree.

Article 17.

Associative organisations of professionals from other Member States

1-The associative organizations of professionals under Article 37 (4) of the Law

n ° 2/2013 of January 10 constituted in another Member State of the European Union or

of the European Economic Area for the exercise of professional activity, in which the

manager or administrator is a professional, whose capital with right to vote kayba

majoritarian to the professionals concerned and or to other associative organizations whose

capital and voting rights kayba majoritarian to those professionals can enroll

respect for permanent representations in Portugal, constituted under the law

commercial, as members of the OMD, while being such equated to societies of

doctors dentists for the purposes of this Statute.

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2-The capital requirements referred to in the preceding paragraph are not applicable if this is not

has social capital, applying, in its place, the requirement for allocation of the

majority of voting rights to the professionals there referred to.

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

out of Portugal, by the prevailing equivalence allocation scheme.

4-The legal regime of enrolment of associative organizations of professionals of others

Member States shall appear in the diploma which regulates the constitution and operation of the

societies of professionals.

5-The associative organizations of professionals from other Member States are not

recognized electoral capacity.

Article 18.

Other providers

The collective persons who provide dental medical services and do not constitute themselves under the

form of companies of professionals are not subject to registration in the OMD, without prejudice

of the obligatory enrolment in the Order of the professionals who pay their respects

activity pursuant to this Statute.

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SECTION V

Members

Article 19.

Categories of members

1-Are members of the OMD, in the terms of the law:

a) The dentists ' doctors;

b) The professional societies of doctors dentists and the associative organizations of

professionals in the terms of Article 17 para.

2-The OMD's board of directors can regulate the category of dentist doctor

retired and honorary.

Article 20.

Duties of the dentist doctor, the professional societies of doctors dentists and

of the associative organizations of professionals

1-Are duties of the dentist and the collective subjects enrolled in the OMD on the terms

of this Statute, with the necessary adaptations to the individual exercise of the

respects representatives, in the case of the latter:

a) Comply with this Statute and the respect of regulations;

b) Comply with the deontological standards governing the exercise of dentistry,

integrated into this Statute and in the other applicable legislation;

c) Keep professional secret;

d) Participate in the activities of OMD and keep informed about the same,

particularly taking part in the working groups or in meetings, when

requested;

e) Perform the duties for it to be designated;

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f) Comply with and enforce the deliberations and decisions of the OMD bodies

taken in accordance with this Statute and shall not prejudice the purposes of the OMD;

g) Defend the good name and prestige of OMD;

h) Use of recato and avoid litigation related to OMD activity when

use electrolytic or other means, specifically, not by invoking, using

or reproducing information or institutional supports without it to be

authorized in the general conditions of use of the same by the OMD;

i) Do not reproduce in public, electronical or informatic environment, the contents,

under any format, which is directed to you in the quality of individual receiver

of the institutional information of the OMD, in the terms regulated and authorized in the

content of the information itself;

j) Do not use the symbols of the OMD unless prior permission is expressed from the same;

k) Act solidly in all circumstances in the defence of common interests;

l) Keep the OMD updated as to all your data constant from enrollment,

particularly as for the professional domicile, informing of the change of

household or registered office, retirement and impediments to their professional exercise and

all remaining data or information relevant to the OMD assignments;

m) Pay the fees and the quotas due;

n) Use the official nomenclature of dental medicine approved by the OMD, when

legal or contractually applicable;

o) Keep deontological, technical and scientifically updated, attending actions

of continuous training on minimums defined by the OMD.

2-The members of the OMD shall be subject to the penalties provided for in this Statute by the

violation of the duties referred to in the preceding paragraph.

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3-It Is also incumbent on the OMD to report to the competent entities the infractions whose

nature of punishment in some of its cible strands, criminal or

counterordinational, does not fall into its competence, specifically in relation to

dissemination of professional activity or propaganda or in relation to crime

informatics.

4-In the cases provided for in the preceding paragraphs, if the infraction consists of the omission of the

compliance with a legal duty or an instruction emanating from the OMD, the application of the

sanction disciplinary or other non-dispensation of the offender of the line of duty, if this

is still possible.

Article 21.

Professional civil liability insurance

1-The exercise of the dental medical profession depends on the underwriting of insurance of

professional civil liability.

2-A The underwriting of the policy is the responsibility of the professional, and the insurance shall be

appropriate to the nature and size of the risk, and may be complemented by the

interested in such a way as to cover initially uncovered risks.

3-The supplement provided for in the preceding paragraph shall also apply when the insurance or

equivalent instrument subscribed by the dentist doctor established in another State-

Member does not cover practical respect in Portuguese territory or constitute coverage

only partial.

4-For the purposes of the preceding paragraph, the deferrous of the inscription on the OMD depends on title

enough presented by the dentist doctor, who proves the coverage of the activity in

national territory, through insurance policy or equivalent warranty, subscribed or

provided in the Member State of establishment, in accordance with Article 38 (3) of the

Law No. 2/2013 of January 10.

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Article 22.

Duties in communications and notifications

1-The communications between the OMD and its members, on decisions or resulting acts

of administrative procedures in the context of the activities pursued by the

institution, respect the protection and confidentiality of data and information,

specifically, at the level of the supports of the contents used.

2-Without prejudice to the provisions of Article 115 all contacts are effectuated to the

Household of constant correspondence of the process of each member, which is

updated in accordance with the content of the information provided by the interested in the

terms of this Statute.

3-A OMD may require, on grounds of security and certainty needs

legal, underlying the regulation of public health, which the person concerned presents

documents or relevant information in material support with original signature, which

be able to substantiate the legal fact necessary to the decision, autonomously or

complimentary to the electronical route.

Article 23.

Rights of the dentist doctor with the Order of Doctors Dentists

1-Are the rights of the dentist doctor:

a) Apply for your professional ballot and too much documents required for exercise

of your profession;

b) Elect and be elected to the organs of OMD;

c) Attend the OMD facilities on the authorised terms;

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d) Participate in the activities of the OMD, particularly in the meetings of its groups

of work and in your meetings, discussing, voting, requiring and presenting

the motions and proposals that we understand convenient, whenever it is requested

your presence;

e) Request the intervention or support of the OMD for defence of general interests

professionals while doctors dentists holders of professional title

regulated, as well as for the defence of the legitimate interests of the class;

f) Complain and appeal of the deliberations of the OMD bodies contrary to the provisions

in this Statute;

g) To draw upon any penalty that is imposed upon them and any deliberation that

affect your rights;

h) Apply for specialty titles and certification of sectoral competencies,

in the terms of this Statute and applicable regulations;

i) Request the substantiation of your professional qualification;

j) Receive information from OMD activity and the publications, periodicals or

extraordinary, edited by the same;

k) Benefit from the quota exemption in the terms to be regulated;

l) Passing prescriptions and medical attestations pursuant to the statutory provisions and

applicable regulations;

m) The dispensation of public and private functions for participation in the activities of the

OMD or in the functions by this assigned;

n) Request the suspension or cancellation of your enrolment.

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2-The non-payment of the entirety of the due quotization, for a period of more than six

months, after prior notice, determines the impediment of participation in institutional life

of OMD, as well as to enjoy its services, while endure that situation.

3-The professional societies of doctors dentists and other associative organizations of

professionals under Article 17, with due adaptations to the collective nature

or to the nature of the personality of the legal representative of them, have only the

rights provided for in points f ), g ), j ), of paragraph 1 and the following:

a) To ask the board for its enrollment and to appeal the decision that the indefencer;

b) Request the necessary documents to the substantiation of your enrolment;

c) Ask the board for the suspension of its enrollment as well as the

cancellation of the same on the grounds of dissolution or extinction.

Article 24.

Gold medal

1-Denomina-se by gold medal of OMD, the galargive to be awarded to entities or

individualities that, being or not physicians dentists, have contributed in a way

relevant and unambiguous for the development of dentistry in Portugal, in

full concordance with the ideals guiding the action of OMD.

2-A attribution depends on deliberation of the governing board, on the proposal of any of the

vowels, the bastonary or the general counsel.

3-A solemn delivery to the honoree is carried out by the bastonary, and the event may be

advertised.

4-A OMD gold medal uses the symbol set out in the Annex to this Statute and

presents itself on yellow apricot tape.

5-Compete to the regulatory board regulatory the regime of the assignment and use of the galargive.

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CHAPTER III

Organization

SECTION I

General provisions

Article 25.

Organs

1-Are organs of the OMD:

a) The general assembly

b) The general council;

c) The bastonary;

d) The board of directors;

e) The tax council;

f) The deontological and discipline council;

2-A General assembly consisting of all medical practitioners with enrollment in force, is

the maximum organ of the OMD when summoned for its operation by the period of

time required for the exercise of the special functions provided for in this Statute.

3-The general council is the permanent maximum organ of the OMD.

4-A The hierarchy of the OMD organ holders is as follows:

a) The bastonary;

b) The chairman of the board of the general council;

c) The Chair of the Deontological and Disciplinary Council;

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d) The chairman of the tax council;

e) The remaining members of the collegiate bodies.

Article 26.

Eligibility

1-Can be elected to the organs of OMD, any dentist doctor with the active inscription

and in the full exercise of their rights, which has not been the subject of disciplinary sanction

final more serious than the warning.

2-You can only be elected to the post of bastonary or board chair

deontological and discipline, the dentist doctor with at least 10 years of exercise

of the profession.

3-You can only be elected to a member of the deontological and discipline board the doctor

dentist with at least five years of exercise of the profession.

Article 27.

Election and mandate

1-The holders of the OMD bodies are elected by direct and secret suffrage in assembly

summoned to the effect, with the exception of the elements of the general council table, which

are elected by secret suffrage from among the remaining elected members of the same.

2-The term of office of the elected bodies is four years.

3-It is not admitted the re-election of the members of the organs for a third term

consecutive, for the same organ.

4-Permanent executive positions may be remunerated in the terms of regulation

approved by the general council on a proposal from the board of directors.

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5-At the beginning of the electoral process is composed an electoral commission by the members of the

desk of the general meeting and the representatives of the lists, with the functioning and the

constant powers of the electoral regulation.

Article 28.

Submission of application

1-A Election of all organs is done on a single list, save that of the deontological council

and of discipline that encompasses an autonomous list.

2-The lists must include alternate candidates for each organ up to the limit of 50% of the

effective candidates, with the exception expected for the board of directors in accordance with n. para.

5 of Article 57 para.

3-The lists are submitted until the May 1 of the year of the elections, unless election

extraordinary.

4-Each list must be subscribed to by a minimum of 150 dentists with enrollment in

vigour and in the enjoyment of all your statutory rights, accompanied by the respect

declaration of acceptance.

5-Should equal opportunities be ensured to all competing lists, being

formed, to scrutinise the election, an electoral commission constituted by the members of the

desk of the general meeting in office and by a delegate from each of the lists.

6-With the applications are presented the action programmes of the various candidates,

which are brought to the knowledge of all members by the President of the

general assembly.

7-The electoral process of the various bodies of the OMD shall be governed by this Statute and by the

applicable regulation approved by the general council.

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8-The electoral procedures provided for in this Statute may be adapted to

electronical mechanisms provided for in the framework of the electoral process, as long as they are

suitable to ensure confidentiality, security, truthfulness and the correct

oversight of the electoral process.

Article 29.

Date of elections

The ordinary election for the various organs takes place between 1 and June 15, on the date it is

designated by the chairman of the table of the general assembly, on a proposal from the bastonary of the

OMD.

Article 30.

Vote

1-Only dentists with registered enrollment are entitled to vote, in the terms provided for

in this Statute.

2-The vote is secret, and may be exercised personally, by correspondence or by

electronic means in accordance with that provided for in Article 28 (8).

3-In the case of a mail-order vote, the bulletin is closed in overwriting

accompanied by letter, addressed to the president of the table of the general meeting, with the

signature of the voter, accompanied by the photocopy of the identity card, of the card of

citizen or passport.

Article 31.

Compulsory of the exercise of duties

1-The dentist elected or assigned to the title of any office or function

in the organs of the OMD has a duty to perform the functions that correspond to us

terms of this Statute.

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2-A refusal to take possession constitutes a disciplinary lack, unless justified and such

justification for being accepted by the organ to which it belongs or, in the case of the bastonary, by the

directional board.

3-Temporary impediments in taking possession must be justified by the applicant

to the president of the table of the general assembly.

4-The dentist's doctor, when a member of organ or in exercise of duties for which

be requested by the OMD, must declare any verified conflict situation of

interest with the organ's respected respect.

5-A officious title or when the conflict of interest is declared by the visage, the

respect organ, pursuant to the preceding paragraph, deliberates accordingly.

Article 32.

Temporary suspension and resignation of posts

1-Existing reason relevant, may the incumbent in the organs of the OMD apply for the

organ to which it belongs, or to the governing board, treating itself from the bastonary or the

tax advice, the acceptance of your resignation from the office or the temporary suspension of the

exercise of functions.

2-The application is always reasoned and the reason is appreciated by the organs referred to in the

previous number.

3-A The temporary suspension of a member of the board of directors also respects the para. 6

of Article 57 para.

Article 33.

Loss of positions in the Order of Doctors Dentists

1-The dentist-elect elected or designated for the exercise of duties in OMD organs

must perform them with assiduity and diligence.

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2-Loss the post the dentist doctor who, without reason justifying and exposed, leave from

comply with the stipulation in the preceding paragraph.

3-The justified reason referred to in the preceding paragraph shall be submitted by the person concerned

to the organ itself or, in the case of the bastonary or the tax council, to the board of directors.

4-A loss of the post is determined by the organ itself or by the board of the board, in the case

of the bastonary, upon deliberation taken by two thirds of the votes of the respects

members.

Article 34.

Replacement of the bastonary

1-In case of suspension of the post of bastonary, according to the one provided for in the present

Statute, the same is replaced by the deputy chairman of the board of directors, who exercises

interinarily the post while last the suspension.

2-In the event of loss or resignation to the office or death, the bastonary is replaced by the

vice chairman of the board of directors, who interineally exercises the post until the elections

anticipated, which are marked for the effect.

3-In the case of occurrence of those circumstances from the previous number the chair of the table

of the general meeting or who replaces it in its lack in the statutory terms, convenes,

compulsorily, general early elections for all OMD bodies, at the deadline

of 60 days from such a fact.

4-In the case of the occurrence of the circumstances of paragraph 1 or paragraph 2, as to the Vice-President

of the board of directors, this body elects in the first ordinary session subsequent to the fact,

of among its members, the one who interinely replaces him with the remaining

numbers of this article.

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Article 35.

Replacement of members of collegial bodies

1-In the event of loss, waiver or suspension of posts in OMD, according to the

present Statute, or still in the event of the death of the president of the organ, the organ's respect

elects in the first ordinary session subsequent to the fact, from among its members, a

new president, re-salvaged the exception provided for in this Statute for the council

directive by virtue of Article 34 para.

2-In the case of occurrence of those circumstances as to the other members of the organs

of OMD, as well as for replacement of the elected member in the terms of the number

previous, the respected organ designates the substitute of among the elected dentists ' doctors

alternates, ressaved the predicted exceptions.

Article 36.

Vacature of the organs

1-Checks the vacancy of a collegiate body when, in relation to most of its

members with a right to vote, occur, simultaneously, any of the circumstances to

that refer to previous articles of resignation, loss, suspension or expiry of

positions in the OMD, or the death of its members.

2-Vagging the board of the board or the general counsel, the effective and alternate members who

remain in office elegem, from among these, those who go on to occupy the

places left vacant.

3-Vagging the tax council, the table of the general meeting indicates, from among its members,

those who accumulate such posts.

4-Vagging the deontological and discipline board, the substitutes are assigned by this

organ, from among its supplings.

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5-Vagging the deontological and discipline board in number that makes it impossible to

designation under the preceding paragraph, the election shall be held for this body on the deadline

of 60 days, to be counted from such a fact, to which he is summoned by the chairman of the table of the

general assembly, under proposal of the bastonary.

6-Vagging the posts of the directional board in number that makes it impossible to fulfill

of the provisions of paragraph 2, or vacating simultaneously two or more collegial bodies,

it takes place the general election for all OMD bodies within 60 days of

such a fact.

7-The bodies elected pursuant to paragraphs 2, 3.4, and 5 carry out duties until the expiry of the

tenure in progress, respected the exception of the previous number.

Article 37.

Specialties

1-Are specialties of OMD:

a) Orthodontics, which corresponds to the title of specialist in orthodontics;

b) Oral Surgery, which corresponds to the title of expert in oral surgery;

c) Odontopediatry, which corresponds to the title of odontopediatry specialist;

d) Periodontology, which corresponds to the title of specialist in periodontology;

e) Hospital dentistry medicine, which corresponds to the title of specialist in

hospital dentistry;

f) Endodontia, which corresponds to the title of specialist in endodontia;

g) Prostodontia, which corresponds to the title of expert in prostodontia;

h) Oral public health, which corresponds to the title of specialist in public health

oral.

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2-The approval regulation of the specialty title is drawn up by the council

directive and approved by the general council, under the corresponding opinion of the correspondents

colleges.

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.

4-Colleges have national scope and function within the framework of the OMD according to the

present Statute and other applicable regulations, being constituted by all the

doctors dentists to whom the OMD has assigned or recognized the title of

specialist in the respects areas of specialty, competing for the colleges:

a) To promote the narrowing of scientific and professional relationships within the framework of

specialty;

b) To ensure compliance with the basic standards to be required for qualification

professional, establishing and proposing standards referring to the curriculum

minimum to require the candidates for the specialist exam, the theoretical programme of the

nuclear material and the criteria for the evaluation of candidates;

c) Pronount on the suitability of the departments where it is imparted

postgraduate education;

d) Propose the juries of specialty evidence;

e) Mark the location and date of the specialty evidence;

f) Nominate experts from among the elements of the college, upon request of the

board of directors, after request from the deontological and discipline board or by

expert commission, if it exists;

g) Informing the board of directors of all matters of interest to the

specialty, morally those referring to the technical exercise of the specialty;

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h) Pugnar for the country to have departments that ensure a teaching

worthy and efficient of the specialty and allow candidates a preparation

adequate;

i) Propose measures considered timely for further professional improvement

of its members;

j) Advising tecn training of doctors

dentists.

5-The internal regulations of each college may provide for the subjection to the realization of

examination for obtaining the respective specialty title, without prejudice to the

recognition of the professional qualifications provided for in the right of the European Union and

pursuant to Article 14 (3) and (14) of Law No. 2/2013 of January 10.

6-Each college is composed of an elected direction by all physicians dentists

enrolled in the college, provided that in the use of their full rights, and shall be governed by the present

Statute, in particular by Article 30, and by the applicable regulation.

7-Without prejudice to the specialties referred to in paragraph 1, where the board of directors

recognize the existence of a significant number of dentists exhibiting,

by their technical differentiation, a set of common characteristics, may present the

Respect proposed to the general council, for the purpose of submitting to the member of the Government

responsible for the area of health the creation of a new specialty, as well as of the

respects college of specialty.

Article 38.

Provider

1-A OMD may appoint a provider, through deliberation of the general counsel, taken

by two thirds of the votes, on a proposal from the board of directors.

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2-Can be provider the designated dentist doctor under the terms of the previous number, with

at least 10 years of enrollment in OMD, provided that you have the quotas on a day and never

has suffered any disciplinary sanction and still as long as it compulsorily requires

suspension of its enrollment, at a minimum, from the date of the respective designation.

3-The provider, if it exists, has the mission to defend the interests of the recipients of the

services of dentistry.

4-The provider may be stripped of the respects functions by the general council, with

foundation in bad foul and by a majority of three-quarters of the votes.

5-The board of directors can draw up and propose the provider regulation for approval

by the general counsel, upon advice from the deontological and discipline board.

6-The provider's regulation, if it exists, can determine the remuneration of the function and the

too much requirements of Article 20 of Law No 2/2013 of January 10.

SECTION II

General assembly

Article 39.

Competence

It is the competence of the general assembly of the OMD:

a) The election of the various bodies of the OMD, at ordinary general meeting at the end of

each mandate;

b) The election of the various bodies at an extraordinary general meeting in the case of

early elections of the OMD, respected the Statute and the applicable regulation.

c) Discussing and deliberating at an extraordinary general meeting on the dissolution of the

OMD, respected paragraph 6 of the following article.

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Article 40.

Meetings of the general meeting

1-A General assembly meets ordinary or extraordinarily in compliance with the

nature of the powers provided for in the previous article.

2-The ordinary general assemblies, but also those intended for election in the event of

organ vacancy, are convened by the chair of the table of the general assembly or, in the

lack of this, by the vice president, under proposal of the bastonary.

3-The remaining extraordinary general assemblies are summoned by the bastonary, to

issues of particular relevance to the profession and should be deposed by request

of the board of directors, or of at least three quarters, or the following impair number, of the

members of the general council or still by a minimum number equal to or greater than 5% of the

doctors dentists with enrollment in force in the OMD, respected paragraph 5 and paragraph 6.

4-A convocation of the previous number is solely possible as long as it is legal the goal

of the convocation and in accordance with the interests of the profession, respected the established

in the n. paragraphs 5 and 8.

5-The extraordinary general assemblies intended for early elections can also

be summoned by reasoned decision of the bastonary, or by request to be

directed by at least 10% of physicians dentists with enrollment in force in the OMD and

as long as it is in accordance with the interests of the profession.

6-A extraordinary general assembly aimed at early elections acautela in the whole

case that the duration of the tenure of these resulting, whether by anticipation or by

prolongation of the same and at the maximum limit of six months, ensure deadlines

election provided for in this statute, adept at the duration of the mandate to the activity

institutional here envisaged.

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7-The mandate initiated in the terms of the preceding paragraph is extended or reduced

second the temporal criterion of the largest or the lowest proximity of this on the date of the

subsequent ordinary elections, provided for in this statute.

8-The extraordinary general assemblies intended for the proposed dissolution of the OMD,

only may be summoned by reasoned decision of the bastonary, or by

solicitation to be directed by at least 25% of the doctors dentists with

active enrollment in the OMD, and as long as it is in accordance with the interests of the profession.

9-A The general meeting meets on the date set in the respectful convocation.

10-A ordinary general meeting aimed at the election of the various bodies of the OMD brings together in the

terms provided for in Articles 28 to 30.

Article 41.

Convocations

1-The conventionals have to be sent to all dentists with active enrollment

in the OMD, containing the order of work, the date and place of the meeting, by doing so with,

at least 15 days in advance in relation to the date designated for the meeting of the

assembly.

2-The convocations are made by means of letter addressed to the domicile of

correspondence of all doctors dentists with enrollment in force, being

similarly legal to convenor by means of an electro-channel provided that it uses official channel of the

OMD, by edital or in the area of member of each dentist's physician, re-salvaged the

conditions required in paragraph 4.

3-The board of directors may regulate the existence of an electrolytic proof of

prescription, compulsory or optional, provided by the same route by the dentist.

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4-When the general assembly departs to the vote of the various bodies, the ballot papers

have to be sent by means of letters addressed to the professional domicile of all

physicians dentists with enrollment in force, as well as the convocatory respect,

within the period referred to in paragraph 1.

Article 42.

Deliberations

1-The deliberations of the general assemblies are taken by a simple majority, save when the

present Statute stipulations a different majority.

2-The deliberations of the general assemblies are valid only if they are respected the

formalities of the convocation referred to in the previous article and to be retracted on subjects

of your competence.

Article 43.

Vote at the general meeting

1-The vote in the general meeting shall be optional and may not be exercised by correspondence,

save the target for the election of the various bodies of the OMD and the provisions of paragraph 3.

2-No vote per proxy is admissible.

3-In the extraordinary general assemblies the doctors dentists enrolled in the OMD and

residents in the Autonomous Regions may exercise the right to vote by

correspondence, respecting the planned formalisms for the same nature of voting as

distance in the electoral process of OMD.

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Article 44.

Table of the general meeting

1-A The table of the general meeting shall be composed of the President, the Vice-President and two

secretaries.

2-In the absence of the president is the vice president who replaces him.

3-In the absence of the president and the vice president, it is the secretary with the most years of exercise of the

profession who exercises the office of president.

4-The members referred to in paragraph 1 shall be elected in general assembly pursuant to the present

Status for the election of the organs.

5-In the event of a tie the president or who replaces him lawfully, has a vote of quality.

Article 45.

Assignments of members of the table

1-Compete to the President to convene the assemblies, provided for, in the terms of the present

Status and direct the meetings.

2-Compete to the Vice President to exercise the tasks of the member who replaces.

Article 46.

Operation of the general assembly

1-A General assembly works with a third of the doctors dentists with active enrollment or

with the presence, an hour later, of at least 1% of the doctors dentists with

inscription in force with the caveat of the following number.

2-A general assembly targeted for election works with a third of doctors dentists

with enrollment in force, or, an hour later, with any number of presences

of the doctors dentists with enrollment in force.

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3-The atas are read and approved in the respective general assembly respects.

SECTION III

General advice

Article 47.

Composition

1-The general council is composed of fifty representatives in the terms of regulation

own and is elected by direct, universal and secret suffrage and by system of representation

proportional in the territorial circles defined in this Statute.

2-A each territorial circle corresponds to the number of mandates which is fixed by the

chair of the general meeting's desk, in the announcement of the date of the OMD elections, with

basis in the adapted proportion of dentistry doctors who have domicile, for purposes

election, in the respective territorial circle.

3-A list of applicants to the general council has been complete when it contains so many

candidates, by circle, how many the mandates to elect in the circle, increased from the number

general of alternates under the terms of this Statute.

4-Applicants on the list consider themselves to be ordered following the respective position in the

list and ordered from 1. ° onwards for each circle at the limit of the mandates

correspondents for that circle.

5-In the submission of the application, the list orders the candidates for each circle by the

respect for the electoral domicile of these and in the amount of mandates referred to in paragraphs 2 and 3.

6-A winning candidate list nominates 50% of the mandates of each territorial circle

distributing them proportionally until they are exhausted the posts in the said

proportion for each circle.

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7-Respected the previous figures, the remnant of 50% of the mandates for each

territorial circle is filled through the appointment of representatives of all the lists

candidates, distributed proportionally in the defined territorial circles and the

limits of the mandates for each circle.

8-A The distribution of the representation is proportional and ensures the representativeness of all

the territorial circles, defined in regulation approved by the general council,

respecting this Statute and ensuring that regulatory standards are

suitable to the governability of the organ.

9-Are members of the general council each of the doctors dentists elected as

representatives of the organ, for the purposes set out herein.

Article 48.

Composition and election of the general council table

1-A The general council's desk is composed of a president, a vice president and two

secretaries.

2-In the first meeting of each year, the members of the general council elect, from among these,

and by secret ballot, the members of the table of the general council provided for in the number

previous.

3-The re-election of all or part of the members of the table for each of the table is permitted

four years of the body's mandate, without prejudice to the general limit of organ mandates

provided for in the statutory terms.

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Article 49.

Health

1-The general counsel works on the site and date designated by the bastonary and can only

deliberate validly as long as it is present the majority of the legal number of its

members, including the present elements of the general council table, or with 20%

of the members an hour later.

2-No vote per proxy is admissible.

3-Compete to the President to convene the meetings always under proposal of the bastonary, in the

terms of this Statute and heading the meetings.

4-Compete to the Secretaries the elaboration of the atas.

5-Compete to the Vice President to exercise the tasks of the member who replaces.

6-The general council meets ordinarily at least twice a year, on the dates

provided for in this Statute or on a date appropriate to the timely exercise of the respect

ordinary competence, and, extraordinarily on the date indicated in the respects

convocation.

7-deliberations are taken by a simple majority of the members present, respected the

qualified majorities provided for in this Statute.

Article 50.

Competence

1-It is the competence of the general council for all matters not to be found

understood in the specific competences of the remaining OMD bodies.

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2-The general council meets ordinarily for:

a) Discussion and approval of the budget and plan of activities drawn up by the

directive board;

b) Discussion and voting of the report and bills presented by the board of directors

about the previous year to which it relates that it is present to the Assembly of

Republic and the Government;

c) Approval of the setting of the value of quotas, fees and too much regulatory debits

on a proposal from the board of directors.

3-The general council brings together extraordinarily for the exercise of the envisaged competences

in law and in particular, the following:

a) Discussion and approval of proposals for amendments to this Statute,

respected the need for approval by a majority of two-thirds of the votes;

b) Approval of the submission of statutory proposals relating to the creation of

colleges of specialties;

c) Approval of the regulation of the referendum on a proposal from the board of directors;

d) Discussion and approval of the holding of referendum, submitting questions

specific to particular relevance to the profession, in the terms of the present

Statute and the applicable regulation;

e) Approval of the provider's regulation, upon proposal of the board

directive and opinion favorable advance of the deontological and discipline board.

f) Approve the proposals for regulations submitted by the board of directors.

g) Approve your regiment.

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Article 51.

Referendum

1-The general council may convene the holding of a referendum, acting in direct consultation,

secret and universal to all physicians dentists with enrollment in force, about matter

identified in a specific manner, in any case, in the terms regulated by the organ

and upon prior opinion of the deontological and discipline board that check the

legal or statutory compliance of the referendum, respected the following numbers.

2-The referendum procedure can be either presential or electronically under the terms of the

this Statute and the applicable regulation.

3-Dissolution proposals are pre-discussed and approved in general assembly

extraordinary summoned to the effect and are compulsorily submitted to the referendum

by the general counsel.

4-In the lack of compulsion to reference, attentive to the material object of the order, the

general counsel can only defer the referendum by request of the bastonary or the

directional board, by request of at least three quarters of the members of the

general counsel, or by solicitation of at least 10% of dentists with dentistry with

enrollment in force.

5-Can be submitted to a referendum, according to the preceding paragraph, subjects of

superior interest of the profession that justifies it.

6-For the purposes of the preceding paragraph, interests are considered to be in excess of the proposals of

amendment of the Statute and the extraordinary elections.

7-The general council may designate, from among its members, a commission through the

which promotes the necessary acts.

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8-The referendum only acquires binding nature when it comes to participation

equal to or greater than 50% of doctors dentists with enrollment in force, otherwise

is merely advisory, re-salvaged the following number.

9-The referendum on dissolution proposals from OMD is never binding, lacking the

proposal of the dissolution, subject to the terms of this Statute, of deliberation of the

general assembly that approves it, taken by three quarters of the votes.

10-The general council approves the regulation on referendums, on a proposal from the council

directive.

Article 52.

Health

1-The general council intended for the discussion and approval of the budget presented by the

board of directors gathers in the month of December of the year prior to that of the exercise to which

say respect.

2-The general council for the discussion and voting of the report and bills presented

by the board of directors gathers in the month of March of the year immediate to that of the exercise

respect.

3-The dates set out in the preceding paragraphs may suffer the necessary changes and

appropriate to the legislation in force or another that comes to succeed by ensuring to the

bodies of the OMD the timely fulfillment of legal obligations in this matter.

4-When the general council dearers to the discussion and approval of the subjects provided for in the

n. ºs 1 and 2, the general council desk sends to all its members the respects

documents.

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5-Can be sent photocopies of the documents provided for in the preceding paragraphs,

for the residence or for the professional domicile of the members, as well as the respect

convocation, at least 10 days in advance in relation to the designated date

for the general council meeting.

6-Are valid and accepted the procedures provided for in the preceding paragraph carried out through

of official electro-means that are appropriate to the effect.

7-The board of directors may regulate the existence of an electrolytic proof of

prescription, compulsory or optional, provided by the same route by the members of the organ.

8-In the 10 days subsequent to the approval, whether of the budget, the report and the accounts,

the general council makes available to all physicians dentists with enrollment in force,

through the area of member of the OMD's electrolytic site.

9-The board of directors can regulate the management in twelfth regime, in cases

excecional non-approval of the budget.

Article 53.

Enforceability of the deliberations of the general council

They are not enforceable the deliberations of the general council when the expenses to which they should give

place do not have a fit in budget or extraordinary credit properly

approved under the terms of the Statute.

SECTION IV

Bastonary

Article 54.

Function

The bastonary represents the OMD and is the chairman of the board of directors.

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Article 55.

Election

The bastonary of OMD is elected by direct, universal and secret suffrage from among all the

doctors dentists with enrollment in force and in accordance with that provided for in this Statute

and in the applicable electoral regulation.

Article 56.

Competencies

1-Compete to the bastonary:

a) Externally represent the OMD in the terms provided for in this Statute;

b) Chair of the board with a quality vote in the event of a tie;

c) Present the plan of activities for the purposes set out in this Statute and

in the law;

d) Execute and enforce the deliberations of the board of the board, returning them to the

organ or of them using for deontological and discipline advice, case with

them, fundamentedly, do not agree and present one or several solutions

alternatives;

e) Exercise, in urgent cases, the competence of the board of directors subject to

ratification, or in the situations in which such competence is delegated to it;

f) Require the resignation of the office or the temporary suspension of duties;

g) Determine your replacement by the vice-president of the board of directors always

that applicable statutorily;

h) Nominate the legal advice of the deontological and discipline board;

i) Convening the general meeting pursuant to this Statute;

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j) To propose the date for the elections pursuant to this Statute;

l) Accept legacies or donations made to OMD.

2-The bastonary may delegate some or some of its competences in any of the

members of the board of directors.

SECTION V

Board of directors

Article 57.

Composition and election

1-The board of directors is composed of a president, six vowels and five representatives

of the regions.

2-The president is the bastonary of OMD.

3-The members provided for in paragraph 1 shall be entitled to vote.

4-The representatives of the regions are one of the North, one from the Centre, one from the South, one from the

Autonomous Region of Madeira and one of the Autonomous Region of the Azores.

5-Respected the other terms of Article 28, with the submission of applications to the

directional board, each candidate list includes eight alternates, five of which are the

sufplents from each of the regions.

6-On the board of the board, the alternate candidates at the time of the presentation of the

candidacy pass to alternate members of the elected board for the purposes of the

vacancy of the organ, or in the event of a suspension of the mandate of an effective member of the

directional board, which can only be accepted for the minimum period of 6 months

respected article 32.

7-Alternate Members pursuant to paragraph 5 may attend the meetings without the right of

vote and when requested by the president.

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8-In the first session each year the board nominates by deliberation, from among the

members, a vice-president, two secretaries and a treasurer.

9-The members of the board of directors are elected in general assembly.

Article 58.

Health

1-The board of directors works at the site designated by its chairman.

2-The board of directors gathers when summoned by the respected president and at least

once a month.

3-The board of directors can only deliberate validly as long as they are present, by the

less, five of its members, including the president or the vice president.

4-In the absence of provision to the contrary in this Statute, deliberations shall be taken

by a simple majority of those present, availed of the President or, in his absence, the deputy

president of quality voting in the case of tie-up.

Article 59.

Competence

1-Compete to the board of directors:

a) Analyze the proposal for plan of activities for the following year, presented

by the OMD bastonary, and set out this plan by sending it for approval of the

general advice.

b) Analyze the budget proposal presented by the OMD bastonary,

draw up the draft budget and present it to the general council for

discussion and voting;

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c) Present to the general counsel, for discussion and voting, the report and accounts of the

previous exercise;

d) Authorize the various collegiate bodies to carry out expenses and promote the opening

of extraordinary credits, when necessary;

e) Deliberating on the creation of regional or local operational services well

as other forms of representation at any point in the national territory

and draw up and approve the relevant regulations;

f) To draw up the electoral regulation of the OMD, namely, the electoral process

of the specialty colleges to be submitted for the approval of the General Council;

g) Elaborate the communications regulation, convening and notifications by

electronic means under the terms of this Statute to be submitted to the approval

of the General Council;

h) Propose to the general council the draft regulation about the figure of the

referendum, to submit it to the approval of the General Council;

i) Passing regulations of commissions, boards and internal offices;

j) Draw up, for approval by the general Council, the enrolment regulation.

k) Deliberating, within 60 days, on applications for enrolment and admission, well

how about the various figures of recognition, in the terms and conditions

provided for in this Statute and other applicable legislation.

l) To propose the creation of new specialties and to assign the respective titles;

m) Approve the creation of sectoral competences;

n) Deliberating on waiver requirements for the posts or suspension

temporary of the functions, the bastonary of the OMD or its members, or

about the members of the tax council;

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o) Deliberating the losses of posts in the OMD of its members, of the

bastonary of the OMD or the tax council;

p) Deliberating on the replacement of its members and the OMD bastonary of

agreement with that set out in this Statute;

q) Draw up the opinions and proposals provided for in this Statute and those which

are committed by the bastonary or the deontological council and the

discipline;

r) To propose to the general council the values of the quotas to be paid by the members, and of the

fees;

s) Elaborate and propose for the approval of the General Council the regulation of the regime

of collection and exemption of quotas and fees;

t) Raise and manage revenue and meet the expenses;

u) Administer the donations or legacies made to OMD and accepted by the bastonary,

saved when they are intended for organ-driven services and institutions

autonomous;

v) Promote the collection of revenue from OMD;

w) Divesting or burdening goods and borrowing;

x) Set the values of expenditure and cost aid arising from participation,

representation or displacement in the service of OMD concerning all the

members of the OMD;

y) Reappreciate all its deliberations resent by the bastonary presiding and

take new position on them, if it does not maintain the previous ones;

z) Promote and believe, by regulating, actions of continuous training and forms

of distance learning;

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aa) Suspend and annul admission and enrollment in the terms provided for in the present

Statute;

bb) Drive the operational and technical services of OMD;

cc) Complain to the OMD's governing bodies about acts with which,

fundamentatedly, do not agree, deciding them to appeal or not to us

terms set out in this Statute;

dd) Authorize the use of institutional symbol for legitimate purposes and

identified in special deliberation;

ee) Create unique emblems or unique siglas of the technical and operational services of the

OMD;

ff) Request to any competent body, in particular to the council

deontological and discipline, the elaboration of opinions and the collaboration of these;

gg) Collaborate, issue opinions and proposals on the legislation of interest for the

dental medicine and oral health;

hh) Carry out deliberations of other bodies in accordance with the provision in the present

Statute and too much regulations;

ii) Deliberate on the matters respecting the exercise of dentistry,

to the interests of dentists ' doctors and the management of OMD, and on all the

subjects that are not especially committed to other organs, as well as

exercise the remaining assignments that the law and regulations confirm to you;

jj) Approve your regiment.

2-The board of directors may commit to some of its members any of the assignments

indicated in the antecedent number that by its nature is not incompatible with the

individual exercise.

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Article 60.

Effective members of the board of directors

1-The members of the board shall draw up the opinions which are requested by them by the

organ or by the president and carry out assignments expressly to them

committed, and may request under the terms of this Statute to surrender to their

positions or the temporary suspension of their duties.

2-Compete to the President the convocation and direction of meetings and the voting exercise of

quality in the event of a tie.

3-Compete to the vice president the replacement of the president in the absence of this.

4-Compete to the Secretaries the elaboration of the atas.

5-Compete to the Treasurer, inter alia, keep up with the budget implementation in the course

of each exercise and keep the board of the board and the bastonary informed about the

financial situation of OMD, as well as the remaining competences provided for in the present

Statute.

SECTION VI

Tax advice

Article 61.

Composition and election

1-The tax council is composed of one president, two vowels, and two alternates.

2-The members of the tax council are elected by the general meeting.

3-The tax council further integrates an ROC to be designated by the board of directors.

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Article 62.

Competencies

Compete for the tax council:

a) Examine the financial management of OMD;

b) Give advice on the report and bills and on the draft budget

presented by the board of directors, respected the terms of the following article;

c) Promote the statutory certification of accounts by the official reviewer of accounts,

collaborating in the terms of the following article;

d) To draw up the opinions committed to it by the organs of the OMD;

e) Deliberating on the replacement of its members;

f) Collaborate with the organs of the OMD, when requested, in matters of their

competence.

g) Approve your regiment.

Article 63.

Report and accounts

1-Accounts approved by the governing board pursuant to Article 59 (1) are

sent to the tax council for issuance of opinion.

2-The board of directors may decide to send to the tax board the draft decision on the

accounts, upon a reasoned request in the shortfall, in order to accelerate the

preparation of the opinion and the respect of legal certification, which in all the case focus on

the final content that is approved upon effective deliberation by the board of directors.

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3-The board of directors can at all time request information and clarifications on

the process of issuing the opinion pertaining to the accounts and, should it decide to send the project of the

same, may request proposals for formulation to the tax board, by the

tax advice collaborate with the submission of proposal.

4-The official reviewer of accounts, as of the approval of the proposal of the board of directors and

in advance of minimum 15 working days on the date of the general council meeting

for discussion and approval of the report and accounts, informs the board of the guideline on the

sense of the legal certification of them.

5-In any case, at the meeting of the general counsel for discussion and approval of the report and

accounts the tax council presents its opinion together with the pronunciation concerning the

certification of accounts, issued by the official reviewer of them.

Article 64.

General health

1-The tax advice works at the site designated by your President and the meetings are by

this directed.

2-The tax council meets, at a minimum, twice in each year when convened by the

respects president.

3-The official reviewer of accounts is not entitled to vote.

4-The alternates only participate to replace some of the vowels with the right to vote, in

case of hindrance, being the president replaced by the vowel with ballot number

lower professional.

5-The tax advice only deliberates validly if they are present all of their

members with a right to vote.

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6-deliberations are taken by a simple majority of the votes.

Article 65.

Members of the tax council

1-The members of the tax council draw up the opinions requested by them by the

president, by the board of directors, by the bastonary or the deontological board and of

discipline.

2-A The resignation to the posts or the temporary suspension of the duties is required by the

interested in the board of directors, pursuant to this Statute.

SECTION VII

Deontological and discipline advice

Article 66.

Composition, election and denomination

1-The deontological and discipline board is composed of a president and six vowels.

2-The members of the deontological and discipline council are elected in general assembly.

Article 67.

Competencies

1-Compete to the deontological and discipline board:

a) Judging disciplinary processes;

b) To draw up the opinions that are committed to it;

c) Draw up standards, deliberations, resolutions and recommendations of an ethical nature or

deontological or proposed amendments for approval by the general council;

d) Draw up the proposal for expert commission regulation, if it exists, to

approval by the general council;

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e) Decide, at the request of the organ of the OMD, on the resolution of raised doubts

by the interpretation and application of this Statute;

f) Deliberating on waiver requirements for the posts or suspension

temporary of their duties, of the President or of its members;

g) To deliberate on the losses of posts in the OMD, its members;

h) Deliberating on the replacement of its members, according to the established

in this Statute.

2-Case the disciplinary proceedings instituted respect the disciplinary infraction claim of

member of the deontological and discipline board, this is of immediate stated

prevented by the organ from participating in the trames of the disciplinary disciplinary action.

Article 68.

Health

1-The deontological and discipline board meets when convened by the president or

by two vowels in conjunction and works at the designated place in the convocation.

2-The deontological and discipline board only validly deliberates if they are present,

at least five of its members.

3-The deliberations are taken by a majority, avails of the president of quality voting

in the event of a tie.

4-In the absence of the president who replaces it is the member with the number of ballot more

low.

5-The deontological and discipline board is supported by legal advice designated by the

bastonary of OMD.

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Article 69.

Members of the deontological and discipline board

1-The members of the deontological and discipline board have the right to vote and head them to

instruction of disciplinary proceedings, and the elaboration of the opinions that are given to them

requested.

2-A The resignation to the posts or the temporary suspension of the duties shall be requested to the

deontological and discipline advice.

3-The president competes in the convening and direction of meetings and the establishment of the

disciplinary processes.

SECTION VII

Operational services

Article 70.

Operational and technical services

1-A OMD has the internal operational and technical services that it understands necessary to the

pursuit of its tasks without prejudice to the possibility of being able to externalize

supplementary or various tasks of those instituted by this Statute, on the terms

of Article 44 of Law No 2/2013 of January 10.

2-Without prejudice to the observance of the preceding paragraph, the OMD has in the technical strand-

advisory:

a) A scientific commission;

b) A training centre;

c) Internal departments in the areas of administrative, legal and legal services

communication;

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d) Commissions, boards or internal offices that may have, cumulatively,

technical, intervention or advisory natures.

3-The board of directors approves the regulations and practices the appropriate acts to the

implementation of the operational and technical services.

CHAPTER IV

Disciplinary regime

SECTION I

General provisions

Article 71.

Disciplinary infraction

1-Consider disciplinary infraction all action or omission that consists in violation by

any member of the OMD, of the duties provided for in this Statute and in the

respects regulations.

2-A disciplinary infraction is:

a) Lightweight, when the accused viole in a little intense manner the professional duties to

which is found 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 dentistry, affecting with its conduct, in such a way, the

dignity and the professional prestige, which will definitely make it impossible to

exercise of the profession.

3-The disciplinary infractions provided for in this statute and other legal provisions and

applicable regulations are punishable by title of dolo or negligence.

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Article 72.

Disciplinary jurisdiction

1-The members of the OMD are subject to the disciplinary power of the OMD bodies, in the

terms provided for in this Statute and in the disciplinary regulation.

2-A suspension or cancellation of enrollment does not cease to cease liability

discipline for infractions previously practiced by the OMD member as such.

3-During the time of suspension of the inscription, the member remains subject to power

discipline of OMD.

4-A The punishment with the sanction of professional expulsion does not stop liability

discipline of the member with respect to the infractions by him committed before the decision

definitive that has applied it.

Article 73.

Independence of the disciplinary responsibility of the members of the Order of the

Doctors Dentists

1-A disciplinary responsibility is independent of civil and criminal liability

arising from the same fact and coexists with any other provided by law.

2-A disciplinary liability to the OMD coexists with any other foreseen by

law.

3-When, on the grounds of the same facts, criminal proceedings have been instituted

against member of the OMD 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.

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4-A The suspension of the disciplinary procedure, in the terms of the preceding paragraph, is communicated by the

OMD to the competent judicial authority, to which he shall order the consignment to the OMD 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 a member of the OMD, it is designated day for

trial hearing, the court must order the shipment to OMD, preferentially

by electronicity, from the order of charge, the dispatch of pronunciation and the

contestation, if it has been presented, as well as any other elements

requested by the board of directors or the bastonary.

7-A disciplinary liability of members before the OMD 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 74.

Disciplinary responsibility of professionals in free provision of services

Professionals who provide services on national territory in free provision

are equated with the members of the OMD for disciplinary purposes, under the terms of paragraph 2 of the

Article 4 of Law No. 9/2009 of March 4, amended by the Laws 41/2012, 28 of

August, and 25/2014, of May 2, with the specificities set out in Article 83 (8).

of this Statute and the disciplinary regulation.

Article 75.

Disciplinary responsibility of the companies of professionals

The collective people of OMD members are subject to the disciplinary power of the organs of this

last under the terms of this Statute and the law governing the constitution and the

operation of the societies of professionals.

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Article 76.

Prescription of the disciplinary procedure

1-The right to institute the disciplinary procedure prescribes within five years of the

practice of the act, or the last act in case of continued practice.

2-If the disciplinary infraction constitutes simultaneously criminal infraction for which the law

establish prescription subject to longer term, the disciplinary procedure only

prescribe after the course of this period.

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, after the knowledge by the organ

competent for the establishment of the disciplinary procedure or the participation effected in the

terms of Article 80 (1), do not commense the competent disciplinary procedure on the deadline

of a year.

6-The limitation period of the disciplinary procedure suspending itself during the time in 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;

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b) From the prosecution.

9-After each interruption begins to run new limitation period.

Article 77.

Cessation of disciplinary responsibility

1-During the time of suspension of the inscription the member of the OMD remains subject to the

disciplinary power of the OMD.

2-The cancellation of enrollment does not cease disciplinary liability for infractions

previously practiced.

3-A The punishment with the sanction of expulsion does not stop the disciplinary responsibility of the

member of the OMD regarding the infractions by him committed prior to the decision

definitive that has applied that sanction.

SECTION II

From the exercise of disciplinary action

Article 78.

Exercise of disciplinary action

1-Have legitimacy to participate in OMD facts susceptible to constituting infringement

discipline:

a) Any person regardless of whether it is directly or indirectly affected by the

participates facts;

b) The bastonary;

c) The board of directors;

d) The provider of the patient;

e) The Public Prosecutor's Office pursuant to paragraph 3.

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2-Courts and any authorities shall give knowledge to the OMD of the practice, by

part of OMD members, of susceptible facts of constituting disciplinary infraction.

3-The Public Prosecutor's Office and the criminal police bodies refer to the OMD certificate of the

complaints, stakes or complaints filed against members and that may

substantiate facts susceptible to constituting disciplinary infraction

Article 79.

Desistance of participation

The dismissal of the disciplinary participation by the person concerned extinguishes the disciplinary procedure,

unless the imputed infraction affects the dignity of the member of the target OMD and, in this case,

this manifests intention for continuation of the process, or the prestige of the OMD or the

profession, in any of its specialties.

Article 80.

Introduction of the disciplinary procedure

1-Any organ of the OMD, 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 OMD member, communicates,

immediate, the facts to the deontological and discipline board.

2-When it concludes that participation is unfounded, hers gives knowledge to the member

of the OMD targeted and will be passed on to the certificates that the same understands necessary for the

tutelage of your legitimate rights and interests.

Article 81.

Procedural legitimacy

Persons with a direct, personal and legitimate interest regarding the facts involved

can ask the OMD for its intervention in the process, requiring and alleging what

have for convenient.

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Article 82.

Subsidiary law

Without prejudice to the provisions of this Statute, the disciplinary procedure shall be governed by

disciplinary regulation, being in a subsidiary to be applicable to the procedures

provided for in the General Labor Law in Public Functions, passed by Law No. 35/2014, of

June 20.

SECTION III

From disciplinary sanctions

Article 83.

Disciplinary sanctions

1-The disciplinary sanctions are as follows:

a) Warning;

b) Censor;

c) Fine between 3 times and 60 times the annual value of the quotas at the date of the decision of

application of the penalty;

d) Suspension up to the maximum of 5 years;

e) Expulsion.

2-A penalty provided for in the paragraph a ) of the previous number is applied to the member who comet

infraction with light guilt, of which it has not resulted in serious injury to third party, nor

for the OMD.

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3-A penalty provided for in the paragraph b ) of paragraph 1 shall apply to the member who commits infraction

with light guilt in the exercise of the profession and to which, in the reason of the guilt of the accused, not

kayba mere warning.

4-A penalty provided for in the paragraph c ) of paragraph 1 shall apply to serious guilt.

5-A penalty provided for in the paragraph d ) of paragraph 1 is applied to the member who commits infraction

discipline that gravely affects the dignity and prestige of the profession, lese rights or

relevant interests of third parties or in the event of a culpable default of duty of

pay quotas for a period of more than twelve months.

6-In the cases provided for in the preceding paragraph, voluntary payment of the shares in debt

determines the impossibility of the application of the suspension sanction or its extinction, in the

case of the same has already been applied.

7-A penalty provided for in the paragraph and ) of paragraph 1 shall apply when, taking into account the nature

of the profession, the disciplinary infraction has put into question the life, physical integrity of the

people or be seriously harmed by public health, honour or alheet heritage

or of equivalent values, without prejudice to the right to rehabilitation under the terms of the

disciplinary regulation.

8-In the case of professionals in regime of free provision of services in territory

national, the penalties provided for in paragraphs 5 and 7 assume the form of temporary interdiction

or definitive of the exercise of the professional activity in this territory, depending on the cases,

applying, with due adaptations, the provisions of Article 103.

9-A more serious sanction application than that of censorship the member who exerts some

role in the bodies of the OMD determines the immediate removal of that post, without

dependence on deliberation of the representative assembly.

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10-Whenever the infraction results from the violation of a duty by omission, compliance

of the sanctions applied does not waiver the defendants ' compliance with that, if this is still

possible.

Article 84.

Graduation

1-In the application of the sanctions must be met with professional and disciplinary background

of the defendants, to the degree of culpability, to the gravity and consequences of the infraction and to all

the remaining aggravating or mitigating circumstances.

2-Are mitigating circumstances:

a) The confession;

b) The collaboration of the accused;

c) The spontaneous redress, by the accused, of the damage caused by the infraction.

3-Are aggravating circumstances:

a) The dolo check;

b) The premeditation;

c) The collusion;

d) The recidivism;

e) The accumulation of infractions;

f) The practice of disciplinary infraction during compliance with disciplinary sanction or

of suspension of the enforcement respect.

4-Checks the point d) of the preceding paragraph when the accused, before the deadline passed

of three years on the last conviction, has committed similar disciplinary infraction.

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5-Checks the point and ) of paragraph 3 whenever two or more infractions are committed

simultaneously or prior to the punishment of prior infringement.

6-Not counting to the effect the ancillary sanctions pursuant to this Statute shall not

may be applied to the same accused more than one disciplinary sanction:

a) For each infraction committed;

b) By the accumulated infractions that are appreciated in a single process;

c) For the infractions appreciated in more than one process, when apensated.

Article 85.

Application of ancillary sanctions

1-Cumulatively with the application of the disciplinary sanctions, they can be applied, the

title of ancillary sanctions:

a) Mandatory frequency of training in matter in which it has been verified

infraction;

b) Obligation to publicise the main and or ancillary sanction;

c) Impediment to participation in the activities of OMD and the election for the

organ respects;

2-The ancillary sanctions can be cumulated with each other.

3-In the application of the ancillary sanctions shall meet the criteria laid down in paragraph 1 of the

previous article.

Article 86.

Unity and accumulation of infractions

Without prejudice to the provisions of the ancillary sanctions, it cannot apply to the same

member more than a disciplinary sanction for every punishable fact.

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Article 87.

Suspension of sanctions

1-Taking into consideration the degree of guilt, the behavior of the accused and the rest

circumstances of the practice of the infraction, disciplinary sanctions lower than expulsion

may be suspended for a period of between one and five years.

2-A suspension of the sanction cesses whenever, in respect of the punished member, be

prowound final decision of conviction in new disciplinary process.

Article 88.

Application of suspension and expulsion sanctions

1-A The application of the suspension sanctions over two years or expulsion may only have

place after public hearing, pursuant to the terms provided for in the disciplinary regulation.

2-Sussuspension penalties for a period of more than two years or expulsion may only be

applied for deliberation that assemble the qualified majority of two-thirds of the members

of the disciplinarily competent body.

Article 89.

Implementation of sanctions

1-Compete to the board of directors to give execution to the decisions rendered in a process seat

discipline, specifically practicing the acts required for the effective suspension or the

cancellation of the enrolment of the members to whom the sanctions are applied

suspension and 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.

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Article 90.

Start of production of effects of disciplinary sanctions

1-The disciplinary sanctions initiate the production of its effects on the day after that of the

notification of the accused or, and may not this be notified, 15 days after the publication of

warning, pursuant to Article 100 (3).

2-If on the date the decision becomes final is suspended the inscription of the accused

on non-disciplinary grounds, compliance with the disciplinary penalty of suspension has

start on the day following the lifting of the suspension.

Article 91.

Deadline for payment of the fine

1-The fines imposed under the terms of the paragraph c ) of Article 83 (1) shall be paid in the

period of 15 days from the start of production of effects of the sanction sanction.

2-To the Member who does not pay the fine within the time limit referred to in the preceding paragraph shall be suspended to

your enrolment, upon decision by the disciplinarily competent body, to which you are

communicated.

3-A suspension can only be lifted after payment of the importance in debt.

Article 92.

Communication and advertising

1-A application of any of the penalties provided for in points b ) a e) of paragraph 1 (83),

additionally to the notification of the defendants and the participant, effected by the organ

competent disciplinary shall be communicated by the board of directors:

a) To the society of professionals or associative organization on account of which the

argued to provide services at the date of the facts;

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b) To the competent authority in another Member State of the European Union or of the

European Economic Area for the control of the activity of the established defendant

in that Member State

2-If it is decided to hold preventive or applied suspension of suspension or expulsion,

the board of directors must insert the corresponding annotation into the permanent lists of

members released by computer means.

3-Without prejudice to the provisions of the preceding paragraph, the OMD restitutes the amount paid by the

argued to give publicity to your preventative suspension whenever this one does not come to

be sentenced in the context of the respective disciplinary procedure.

4-When the sanction applied for suspension or expulsion, it is given advertising

through the official website of the OMD and in places deemed to be elderly for compliance

of the general prevention purposes of the legal system.

5-A publicity of disciplinary sanctions and ancillary sanctions, promoted by the body

disciplinarily competent, is made at the expense of the accused.

Article 93.

Prescription of disciplinary sanctions

Disciplinary penalties prescribe in the following deadlines, from the date on which the

decision has become unimpeachable:

a) Of two years, those of warning and censorship;

b) Of four years, that of fine;

c) From five years, those of suspension and expulsion.

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Article 94.

Conviction in criminal proceedings

1-Whenever in criminal proceedings the prohibition of exercise of the profession is imposed

during a given period of time, this is deducted from the disciplinary sanction of

suspension which, by the practice of the same facts, comes to be applied to the member of the OMD.

2-A conviction of a member of the OMD in criminal proceedings is communicated to the OMD

for the effect of averaging to the enrollment respect.

SECTION IV

From the process

Article 95.

Compulsion

The application of a disciplinary sanction is always preceded by the finding of the facts and the

disciplinary liability in own process, in the terms provided for in the present

status and the disciplinary regulation.

Article 96.

Forms of the process

1-A disciplinary action may behave in the following ways:

a) Process of inquiry;

b) Disciplinary procedure;

c) Cautionary process.

2-The inquiry process is applicable when it is not possible to clearly identify the

existence of a disciplinary infraction or the infringing respect, imposing itself on

of summary representations for the clarification or realization of the facts in question.

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3-Applies to the disciplinary process whenever there are indications that it is determined

member of the OMD practiced facts duly realized, susceptible to constituting

disciplinary infraction.

4-The deontological and discipline board may adopt cautionary process:

a) For satisfaction of the right to information of the patient, in the situations of cessation of

provision of dental practitioner services in dental clinic;

b) To promote the duty of delivery of the provider and the right of prescribing the patient

on medical information or the auxiliary means of diagnosis of which this

last be holder;

c) For prevention or cessation of illegal activity disclosure of the activity

professional;

d) Other subjects whose urgent nature is necessary for the useful and timely production

of the effects of reposition of legality or of truth that are due.

5-The default of acts or measures determined by the cautionary process determines the

prosecution of disciplinary proceedings with direct production of prosecution by the respects

facts and consequent application of sanction in the following terms of the case.

6-The disciplinary process that results from the terms of the preceding paragraph may reduce, in the

maximum, for half, the legal deadlines of the adversarial.

7-The cautionary process is notified immediately to the target, the procedures being

urgent regulations regulated by the general council, on a proposal from the deontological council and

of discipline.

Article 97.

Disciplinary procedure

1-The disciplinary procedure is regulated in this Statute and in the disciplinary regulation.

2-The disciplinary process is composed of the following phases:

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a) Instruction;

b) Defence of the accused;

c) Decision;

d) Execution.

3-Regardless of the phase of the disciplinary procedure are ensured to the accused all the

guarantees of defence in the general terms of law.

Article 98.

Preventive suspension

1-Following the hearing of the accused, or if this, having been notified, does not appear to be

heard, can be ordered for your preventive suspension, upon deliberation taken

by qualified majority of two thirds of the members of the competent organ of the OMD.

2-A suspension referred to in the preceding paragraph shall only be enacted in cases where

there are indications of the practice of disciplinary infraction to which it corresponds to one of the sanctions

provided for in points d) and and ) of Article 83 (1).

3-A preventive suspension may not exceed three months and is always discounted in the sanction

of suspension.

Article 99.

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,

by the Public Prosecutor's Office, by the criminal police bodies or by the interested parties, when

hence it does not result inconvenient for the instruction and under condition of not being disclosed the

that of him const.

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3-The accused or the person concerned, when member, who does not respect the secret nature of the

process incurs disciplinary responsibility.

Article 100.

Notifications

1-The notifications are made in person or by mail, with the delivery of the respect

copy, without prejudice to paragraph 4.

2-A notification by mail is remitted with notice of receipt for the domicile or seat of

correspondence of the notifying, or to that of your appointed representative in the process.

3-.If the accused is absent in an uncertain part, the notification is made by edital to be affixed to the

door of the last known domicile or headquarters and by advertisements published in two

numbers followed by one of the newspapers, nationwide or regional, more read in the

locality.

4-It may also proceed to notification by telefax, telegram, telephone or means

electrolyces, in the terms regulated in this Statute, if procedural expediance and

safety and legal certainty recommend in the first case and allow us to the remaining, the

use of such means.

SECTION V

Of the guarantees

Article 101.

Recurrable decisions

1-A Decision on the application of a disciplinary penalty shall be subject to jurisdiction

administrative according to the respect of legislation.

2-The decisions of mere expedient or concerning the discipline of the works are not

feature-passable.

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3-The exercise of the right of appeal provided for in this Article shall be governed by the

applicable provisions of the disciplinary regulation.

Article 102.

Review

1-Is admissible the final decision review delivered by the OMD bodies with

disciplinary competence, where:

a) A court ruling carried forward on trial to declare false any elements or

means of evidence that have 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.

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.

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Article 103.

Rehabilitation

1-In the case of application for sanction of expulsion the member can be rehabilitated, upon

application and provided that the following requirements cumulatively occur:

a) Have elapsed more than 15 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 rehabilitated member fully recovers his rights and is

given the publicity due, in accordance with Article 92, with the necessary adaptations.

CHAPTER V

From professional deontology

Article 104.

General principles of professional conduct

1-The dentist doctor professes the primed of the interest of the patient.

2-In the exercise of your profession, the dentist doctor is technical and deontologically

independent, and, as such, responsible for their acts.

3-In the acting of the profession must be met as a matter of priority the interests and rights of the

sick in the respect of treatment, ensuring you always the provision of the best

oral health care within reach of the provider, acting with correction and delicacy, without

prejudice to the consideration that is due to other legitimate interests resulting from the

professional relationships with colleagues, organizations or companies.

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4-A multiplicity of rights and duties of the dentist doctor and the providers of the

dental medicine inscribed in the OMD, imimpose them an absolute independence, exempt

of any pressure, either resulting from own interests, or resulting from

exterior influences.

5-The dentist must ensure the best possible conditions for the provision

of the medical-dental acts, of mould to best meet all clinical needs

of the patient.

6-The dentist doctor has the right to the freedom to make clinical and ethical judgments, and to the

freedom of diagnosis and therapy, acting, always, independently.

7-The dentist doctor has a duty to pugnate for the health of the population, essentially

for oral health and collaborate in the operation and improvement of institutions

actors in the area of health, specifically OMD.

8-The dentist doctor should support and participate in the activities of the community and OMD

to have an end to promote the health and well-being of the population.

9-A Professional solidarity is a fundamental duty of the doctors dentists in the

relations with each other, and should proceed with the greatest correction and urbanity, maintaining

relationships of trust and cooperation, for the benefit of the patients themselves.

10-To the realization by the provider of the dental medical act corresponds to a contractuation

pecuniary of the recipient of the services, without prejudice to the legislation applicable to the scheme

of volunteering and social action.

Article 105.

Objection of conscience

To the dentist doctor is assured the right to refuse the practice of professional act, when

such practice contravenes their moral, religious or humanitarian conscience, or contradicts

ethical principles and deontological standards.

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Article 106.

Professional secrecy

1-The dentist is obliged to keep professional secrecy about all the information

related to the patient, constant or not of their clinical process, obtained in the exercise

of your profession.

2-The staff of the dentist and all how many with this collaborate in the exercise

of the profession, specifically, the functional structure of the collective medical provider

dentistry entered or registered in the OMD, they are also subject to secrecy about all the

facts that they have taken notice of the consultans and exercise respects

of your work, as long as those facts are covered in the professional secrecy of the

dentist doctor, being this deontologically responsible for the respect of secrecy.

3-The dentist may provide information to the patient or the third party by this nominee.

4-In the case of intervention by a third party, in the terms of the previous number, the doctor

dentist may require a written statement from the patient granting powers to the one, to

act on your behalf.

5-Any disclosure of the matter subject to professional secrecy, save as referred to in paragraphs 3 and

4, depends on prior authorization from OMD.

6-It is not considered to be a violation of professional secrecy to be disclosed, for academic purposes,

scientific and professional, of information referred to in paragraph 1, provided that the patient is not

identified or identifiable.

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7-Cannot make proof in judgment, or outside of it, the statements provided by the doctor

dentist with violation of professional secrecy, resonated the legitimate situations when

justified in the face of the applicable norms and principles of the criminal and civil law, morally, how much

to the grounds for discovery and defence of truth or defence of their dignity and honour,

verts in Article 135 (3) of the Code of Criminal Procedure and in Article 417 (3)

of the Code of Civil Procedure, with the necessary adaptations.

Article 107.

Advertising

1-A The reputation of the dentist's doctor must essentially rest on his competence,

integrity and professional dignity.

2-In the dissemination of your activity the dentist doctor must respect the principles of the

liceness, identifiability and truthfulness, with respect for the rights of the patient.

3-In the dissemination of your activity the dentist doctor and the medical providers of medicine

dental members of the OMD, respect the deontological rules relating to the profession

of the dentist doctor, observing the provisions of Article 32 of Law No. 2/2013, 10 of

January as well as in the advertising regime of the acts practiced by providers of

health care.

Article 108.

Development of the deontological rules

The deontological rules of doctors dentists are the object of development in code

deontological to be approved by the general counsel.

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CHAPTER VI

Economic, financial and fiscal regime

Article 109.

Budget, financial management

1-The State does not guarantee the financial responsibility of OMD.

2-The State does not finance OMD unless it deals with the counterpart of services

determined by protocol and not understood in its incumbents

legal.

3-A OMD is subject to the regime of accounting normalization for sector entities

non-profit that integrates the Accounting Normalization System.

4-Are management control instruments, the budget and the report and the accounts of the

exercise with reference to December 31.

Article 110.

Labour contracting and the legal regime of employees

1-OMD workers are subject to the legal regime of the Labour Code,

with observance of the principles expressed in Article 41 of Law No 2/2013 of 10 of

January.

2-The rules of the selection process, the provision of the work and the conditions of admission,

provision and discipline of OMD workers can be defined in regulation

internal approved by the board of directors, the following being always observed

principles:

a) Advertication of the offer of employment;

b) Equal conditions and opportunities of the candidates;

c) Transparency;

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d) Application of selection of criteria and objectives of the hiring;

e) Statement of reasons for the decision taken on the basis of the defined criteria and objectives.

Article 111.

Recipes

1-Are recipes from OMD:

a) The quotas, fees, and the remaining regulatory obligations of the members;

b) Any subsidies or donations;

c) Any donations, inheritances or legacies;

d) The fines imposed in the statutory terms;

e) The product of the sale of publications and studies of OMD;

f) Other revenue from services and own goods.

2-A the attachment of the values provided for in the paragraph a ) of the previous number is approved

through deliberation of the general counsel by a simple majority of the votes, on a proposal from the

directional board.

3-The collection regime, exemptions, respect deadlines or periodicity are defined by

regulation approved by the board of directors.

4-The value of the revenue provided for in paragraph 1 results from the regulation of access and exercise of the

professional activity represented by the OMD and still of the services, of the acts and charges

corresponding to the functions legally assigned to OMD.

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Article 112.

Expenses and services

Are the expenses of OMD those of installation, acquisition, leasing of goods and services, of personnel,

of maintenance, operation and the remaining necessary and arising from the pursuit

of your legal assignments.

Article 113.

Termination of accounts

The OMD accounts are closed with reference to December 31 of each year.

CHAPTER VII

Supplementary and final provisions

Article 114.

Judicial control

The legitimacy of jurisdiction in the plan of legality, in the framework of the exercise of powers

public OMD, it is regulated pursuant to Articles 46 and 47 of Law No. 2/2013, 10 of

January.

Article 115.

One-stop shop

1-All applications, communications and notifications provided for in this Law between the OMD and

professionals, professional societies of doctors dentists or other organizations

associatives of professionals for the exercise of doctors dentists under the article

22., with the exception of those relating to disciplinary procedures, may be carried out by

electronical means, through the single electronic counter of services, on the website

from OMD.

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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 done by delivery on OMD's services, by shipment by mail under

register, by fax or by electro mail.

3-A presentation of documents in simple form, in the terms of the previous figures

dispensing the consignment of the original, authentic, authenticated or certified documents,

without prejudice to the provisions of the paragraph a ) of paragraph 3 and in paragraphs 4 and 5 of Article 7 of the

Decree-Law No. 92/2010 of July 26.

4-Are still applicable to the procedures referred to in this Article o

points d) and and ) of Article 5 and in Article 7 (1) of the Decree-Law No. 92/2010 of 26 of

July.

Article 116.

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 internal market, the OMD shall

make available to the general public by means of their electro-website on the Internet, the following

information:

a) Regime of access and exercise of the profession;

b) Principles and deontological rules and technical standards applicable to 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;

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d) Offers of employment in OMD.

e) Updated registration of members with:

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

professionals;

ii) The designation of the title and professional specialties;

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

if it is the case.

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

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

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

25/2014, of May 2, which behold:

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

professional of origin and respect specialties;

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

origin, in which the professional finds himself enrolled;

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

where appropriate;

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

associative organization of professionals to provide services in the

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

g) Updated registration of societies of doctors dentists and other forms of

associative organization inscribed with the respect designation, headquarters, number of

enrollment and tax identification number or equivalent.

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Article 117.

Administrative cooperation

The OMD 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.

Article 118.

Representation

1-A OMD is represented in judgment and outside of it by the OMD bastonary.

2-In the practice of legal acts, the bastonary may decide to make itself represented by one of the

members, the board of directors or the general counsel, or by the representative specially

designated under the terms of the forensic proxy.

3-A OMD may constitute an assistant and exercise the corresponding rights in all

prosecutions related to the exercise of the profession or with the performance of

positions in your organs.

4-When the criminal procedure is based solely on evidence of illicit generative generators of

disciplinary responsibility in the performance of office of the OMD bodies, cannot

this constituting assistant.

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5-When intervening as an assistant in criminal proceedings, the OMD can be represented

per lawyer other than the one constituted by the remaining assistants.

6-For payment of expenses to OMD is obligated upon, necessarily, two

signatures, from among the bastonary, the vice-chairman of the board of directors, the treasurer

or the chairman of the general counsel's desk, in effectivity of duties.

Article 119.

Resources, control and information

1-The acts carried out by the organs of the OMD in the exercise of their duties are liable to

hierarchical resource for the deontological and discipline board, in the cases provided for in the

present Statute.

2-The appeal's interposition term is eight days, by constying written application

reasoned, directed to the competent body to decide it.

3-. The acts and omissions of OMD bodies in the exercise of public powers stand

subject to administrative jurisdiction.

4-Without prejudice to the provisions of the preceding paragraph, the contentious resources there

may not be interposed before the internal resources provided for in the

Status, specifically the resources for the deontological and discipline council.

5-Until March 31 of each year the OMD presents to the Assembly of the Republic and to the

Government the report of activities on the transact year.

6-When requested, the bastonary sends to the Assembly of the Republic and to the Government a

information on the transact exercise of the assignments pursued by the OMD.

7-The bastonary or the chairpersons of the statutory bodies of OMD collaborate with the

parliamentary committees, within the scope of the OMD assignments, whenever there is

need for consideration or specific decision in the framework of each committee.

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Article 120.

Freedom of accession and initiative

1-A OMD may constitute or accede to private law associations and cooperate or

integrate associations, unions or federations, national or international, intended for

defend the interests of the profession and the recipients of the services of it.

2-A OMD collaborates with the remaining health professionals through the respective respects

professional organisations, in the interest of promoting health and quality, with

exception of entities of trade union or political-partisan nature.

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ANNEX

(referred to in Article 6 (2) and Article 24 (4) of the Staff Regulations)

Symbols

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ANNEX II

(referred to in Article 5)

Republication of Law No. 110/91 of August 29