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Proposal for Law No 300 /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 bylaws 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 Psychologists

Portuguese, passed by Law No. 57/2008 of September 4, amended by the Law

n ° 27/2012 of July 31, to the scheme provided for in Law No. 2/2013 of January 10, which in the

essential translates the maintenance of the already existing statutory provisions with the

changes arising from the application of the said law.

It was heard the Order of the Portuguese Psychologists.

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Thus:

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

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

the following proposed law:

Article 1.

Object

This Law proceeds to the second amendment to Law No. 57/2008 of September 4, amended

by Law No. 27/2012 of July 31, which created the Order of Portuguese Psychologists and

has approved its Statute, in the sense of matching it to the Act No 2/2013 of January 10, which

establishes the legal regime for the creation, organization and operation of the associations

professional public.

Article 2.

Amendment to Law No. 57/2008 of September 4

Article 4 of Law No. 57/2008 of September 4, as amended by Law No. 27/2012, of 31 of

July, goes on to have the following essay:

" Article 5.

Administrative tutelage

The powers of administrative tutelage on the Order of Psychologists

Portuguese, in accordance with the provisions of Article 45 of the Law No

2/2013, of January 10, and with 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.

Amendment to the Status of the Order of Portuguese Psychologists

The Statute of the Order of Portuguese Psychologists, adopted in annex to Law No 57/2008,

of September 4, amended by Law No. 27/2012 of July 31, passes to have the essay

constant in Annex I to this Law and of which it is an integral part.

Article 4.

Transitional arrangement

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

Portuguese Psychologists and the current mandates on the date of their entry into force with the

initially defined duration.

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

the regulations issued by the Order of Portuguese Psychologists not contradicing

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

3-A The Order of Portuguese Psychologists, approves, within 180 days, from the date

of the entry into force of this Law, the regulations provided for in the approved Statute

in annex to this Law.

4-Within 120 days, counting from the entry into force of this Law, they may ask for the

dispensation from the carrying out of professional internship the holders of one of the qualifications to which

refer to the points a ) a c ) of Article 53 (1) of the Statute approved in annex to the

present law, which vouch for the professional exercise of psychology, for a period

minimum of 12 months until April 12, 2010.

5-The provisions of the preceding paragraph shall also apply to the professional holders of the

habilitations referred to in point (s) d ) of Article 53 (1) of the Statute approved in

annex to this Law.

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6-National professionals of State-Member of the European Union or of Space

European Economic whose qualifications have been obtained outside Portugal can

opt between the scheme provided for in the preceding paragraphs, if they are applicable to them, and the

scheme provided for in the Statute approved in annex to this Law.

7-Without prejudice to the provisions of Article 62 of the Statute adopted in the annex to this Law,

may still register in the Order, within 120 days, from the entry into force

of this Law, those that, cumulatively:

a) Have started their training on a date prior to the start of the graduations in

psychology in public higher education;

b) Have started the activity on date prior to the year of exit of the first

graduates in psychology in public higher education;

c) They have worked within the framework of psychology, particularly in the formation of the

first Portuguese psychologists or in the implementation of psychology services

in Portugal;

d) Have exercised their professional activity, with continuity, the activity

professional in the framework of psychology.

8-The mode of attestation of the professional experience provided for in the preceding paragraph is the

defined in the Regulation of Inscription of the Order of Portuguese Psychologists.

Article 5.

Abrogation standard

Articles 2 and 3 of Law No 57/2008 of September 4, amended by the Law, are repealed

n. 27/2012, of July 31.

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Article 6.

Republication

It is republished, in Annex II to this Law and of which it is an integral part, Law No 57/2008,

of September 4, with the current essay.

Article 7.

Entry into force

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

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

The Prime Minister

The Minister of the Presidency and Parliamentary Affairs

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ANNEX I

(referred to in Article 3)

STATUS OF THE ORDER OF PORTUGUESE PSYCHOLOGISTS

CHAPTER I

General provisions

SECTION I

Nature, purposes, assignments and occupations covered

Article 1.

Legal nature

1-A The Order of Portuguese Psychologists, hereafter abbreviated by Order, is

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

this Statute and the other applicable legal provisions, shall carry out the profession of

psychologist.

2-A Order is a collective person of public law, which is governed by the respect of the law of

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

Article 2.

Administrative and financial autonomy

1-A The Order enjoys administrative autonomy and, in the exercise of its public powers,

practiced at the final title, without prejudice to the tutelary type-approval cases provided for in the

law, the administrative acts necessary for the performance of its functions and approves the

regulations provided for in the Act and in this Statute.

2-A Order has own heritage and own finances, as well as of

budgetary autonomy.

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Article 3.

Purposes

They are the purposes of the Order to exercise control of the exercise and access to the profession of psychologist, well

how to draw up, in the terms of the law, the technical and deontological norms respecting and exercising the

Disciplinary power over its members, in the framework of an autonomous disciplinary regime.

Article 4.

Attributions

Are attributions of the Order:

a) The defence of the general interests of users;

b) The representation and defence of the general interests of the profession;

c) The regulation of access and exercise of the profession;

d) Grant, in exclusive, professional title and specialization titles

professional;

e) The award, under the terms of this Statute, of prizes or honorific titles;

f) The drafting and updating of the registration of its members;

g) The exercise of disciplinary power;

h) The provision of services to its members, in respect of the professional exercise,

specifically in relation to information and vocational training;

i) The collaboration with the other entities of the Public Administration in the pursuit

of purposes of public interest related to the profession;

j) The participation in the drafting of the legislation that concerns the access and exercise of the

profession of psychologist;

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k) The participation in the official accreditation processes and the evaluation of the courses that

give access to the profession;

l) The recognition of professional qualifications obtained outside Portugal, us

terms of the law, the law of the European Union or international convention;

m) Any others that are committed to you by law.

Article 5.

Occupations covered

1-A Order covers psychology professionals who, in accordance with the present

Statute and the applicable legal provisions, exercise the profession of psychologist.

2-Without prejudice to the provisions of Article 62 (1), they are obliged to enroll all the

who exercise the profession of psychologist, be it in a liberal way or by an account of others, and

regardless of sector, public, private, cooperative and social, in which they exercise the

activity.

3-The exercise of professional activity on account of outrain does not affect autonomy

technique, nor does it discharge the fulfillment of the deontological duties.

SECTION II

Scope, headquarters and delegations and insignia

Article 6.

Scope and headquarters

1-A Order has a national scope.

2-A Order is based in Lisbon.

3-A Order has regional delegations in the regions North, Center, South and the Regions

Autonomous of the Azores and Madeira.

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Article 7.

Insignia

The Order is entitled to use emblem and seal of its own, as models to be approved by the

assembly of representatives, under proposal of the direction.

CHAPTER II

Organization of the Order

SECTION I

General provisions

Article 8.

Territoriality and functioning

1-A Order has national and regional bodies, under the terms of this Statute.

2-The functioning of the Order is based on the principles of representative democracy and the

separation of powers.

Article 9.

Organs

1-Are national bodies of the Order:

a) The assembly of representatives;

b) The direction;

c) The bastonary;

d) The jurisdictional council;

e) The tax advice.

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2-Are regional bodies of the Order:

a) The regional assembly;

b) The regional direction.

Article 10.

Exercise of positions

1-Without prejudice to the provisions of the following number, the exercise of positions in the organs of the

Order is not remunerated.

2-By deliberation of the assembly of representatives, the exercise of executive positions

permanent in the organs of the Order may be remunerated, pursuant to the provisions of

regulation.

SECTION II

Elections and respect electoral process

Article 11.

Electoral table

In the elections for the organs, the table of the assembly of representatives takes over the duties of

election desk.

Article 12.

Applications

1-The lists for the organs are presented before the chair of the assembly desk of

representatives.

2-Each list is subscribed to by a minimum of 100 effective members, must contain the names

of all the candidates for the organs, including the supplent respects by each organ, and

be accompanied by the respectful declaration of acceptance.

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3-Applications are submitted until September 15 of the year immediately preceding the

term of the current term.

4-Should the termination of the mandate occur before the scheduled date of its term, the

applications are submitted at the minimum 30 days notice in relation to the act

electoral.

5-Applications only consider themselves to be complete if they include lists for all bodies

nationals subjected to suffrage.

Article 13.

Electoral notebooks

1-Election notebooks are to be affixed to the national office of the Order 45 days before the

date of the holding of the electoral assembly.

2-From irregular enrollment or omission in the electoral notebooks can any voter

complain to the electoral table in the 15 days following those of the affixing referred to in the number

previous, owing to this decision of the complaint within 48 hours.

Article 14.

Electoral commission

1-A electoral commission is made up of the chairman of the assembly desk of

representatives and by two representatives from each of the competing lists, owing

start functions 24 hours after the submission of applications.

2-Representatives of each of the competing lists must be nominated

jointly with the presentation of the respective applications.

3-Compete to the electoral commission:

a) Scrutinize the electoral process and resolve all the issues arising in its scope;

b) Draw up reports of the irregularities deteed and present them to the electoral table;

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c) Distribute among the different lists of candidates the means of support

made available by the direction of the Order.

Article 15.

Supply of irregularities

1-A The electoral table should check the regularity of applications in the five days

subsequent to the closing of the deadline for delivery of the lists.

2-With a view to the supply of the possible irregularities found, the documentation is

returned to the first subscriptor of the list, which must sanction it within three working days.

3-Faying the time limit referred to in the preceding paragraph without proceeding to regularization of the

applications, consider themselves to be the same automatically rejected.

Article 16.

Bulletins of vote

1-Vote bulletins are issued by the Order, depending on the prior approval of the table

electoral.

2-The ballot papers, as well as the application lists, are sent to all the

members of the assembly election up to 10 working days prior to the date scheduled for the act

electoral and are available at the polling place.

Article 17.

Identity of voters

Voter identification is done through the professional ballot or, failing that, through

civil identification document.

Article 18.

Voting

1-Elections are made by universal, direct, secret and periodic suffrage.

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2-Only have the right to vote the effective members in the full enjoyment of their rights.

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

accompanied by letter signed by the voter and photocopy of the professional ballot.

4-No vote by proxy is allowed.

Article 19.

Date of elections

1-Elections take place during the last quarter of the year immediately preceding the

subsequent quadriennium.

2-A The date of the elections is the same for all the organs submitted to suffrage.

Article 20.

Mandates

1-The holders of the elective bodies are elected for a period of four years.

2-It is not admitted to re-election of holders of the organs for a third term

consecutive, for the same functions.

3-Whenever it proves necessary to proceed to mid-term elections for any of the

organs of the Order, the term of office accompanies the length of the term of the remaining

organs.

4-Without prejudice to the provisions of Article 31, as far as the bastonary is concerned, it cannot be

exercised by the same member, at the same time, more than one post in the organs

statutaries.

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Article 21.

Polling stations

1-For the purpose of the holding of the elections, a voting table is constituted at the national headquarters and

a voting table in each of the regional delegations, without prejudice to the constitution

of other tables, in this case, so as to ensure the easy access of all the members to the

polling stations.

2-A constitution of other tables in addition to those of the national headquarters and of each of the delegations

regional depends on deliberation of the direction, listened to the electoral table.

Article 22.

Complaints and resources

1-Voters may lodge complaint, on the grounds of irregularities of the act

electoral, which must be presented to the electoral table up to three days after the shutdown

of the same.

2-A The electoral table should appreciate the complaint within 48 hours, the decision being

communicated to the appellant in writing and affixed to the seat of the Order.

3-From the decision of the electoral bureau it is up to the jurisdictional board, at the time of

eight working days, from the date on which the applicants were aware of the decision

of the electoral table.

4-The jurisdictional council is summoned by the respected president, to the effect, in the eight

following days.

Article 23.

Financing of elections

The Order participates in the charges of the elections with the amount to be set by the direction.

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Article 24.

Taking of possession

The taking of possession of all the elected bodies takes place within one month, from the date

of the elections.

Article 25.

Resignation and suspension

1-Members of the organs of the Order shall enjoy the right of resignation to the mandate for the

which have been elected.

2-Any member of the organs of the Order may ask the president of the respecting body

the temporary suspension of the exercise of the corresponding functions, on the grounds

duly substantiated, and may not the term of suspension exceed six months.

3-A waiver or suspension of the mandate shall be communicated to the Presidents of the

respect for organs, as well as the chair of the table of the assembly of representatives.

4-Exceed from the provisions of paragraphs 2 and 3, the renunciation of the bastonary that must be

presented only to the chairman of the table of the assembly of representatives.

5-A renunciation or removal under Article 91 (7) of more than half of the

elected members for a given body, after all the substitutions have

been effected by the elected alternate respects, compels the holding of elections for the

respect organ.

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SECTION III

Of the organs

Article 26.

Assembly of representatives

The assembly of representatives is composed of 50 members.

Article 27.

Competences of the assembly of representatives

It shall compete with the assembly of representatives:

a) Electing and dismissing, pursuant to this Statute, your table;

b) Approve the budget and plan of activities;

c) Approve the report and accounts of the direction and the report of activities to be submitted to the

Assembly of the Republic and the Government;

d) Approve the draft amendments to this Statute;

e) Approve proposals for the creation of new specialties;

f) Approve the proposals for regulations submitted by the direction;

g) Approve the amount of the quotas and fees, under proposal of the direction, as well as the

respects the collection regime;

h) Approve the conclusion of protocols with congenic associations, under proposal of the

direction;

i) Approve your regiment;

j) Decide any issues that are not assigned to other organs.

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Article 28.

Health

1-A The assembly of representatives gathers ordinarily:

a) For the election of the table of the assembly of representatives;

b) For the approval of the budget and plan of activities, as well as the report and

accounts of the direction.

2-A The assembly of representatives brings together extraordinarily, whenever the circumstances

o advise you and your President the convoque, on your initiative or at the request of the direction,

of any of the regional directions or of a minimum of one third of its members.

3-If the time is scheduled for the start of the assembly of representatives not to meet

present at least half of the effective members, the assembly begins its duties

half an hour later, with the presence of any number of members.

4-A The assembly of representatives can only deliberate effectively with the presence, of the

less, one-third of the effective members.

5-A assembly of representatives intended for the discussion and voting of the report and accounts of the

direction it takes place until the end of the month of March of the year following that of the exercise respect.

6-A assembly of representatives aimed at the discussion and voting of the report of

activities to be submitted to the Assembly of the Republic and to the Government it takes place until the day 20

of March of the year following that of the respectable exercise.

Article 29.

Convocation

1-A assembly of representatives shall be convened by its Chairman upon postal notice

or electro-exasked for each of the effective members, with at least 15 days of

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advance in relation to the date designated for the realization of the assembly.

2-Of the convocation shall appear on the order of work, the time and place of achievement

of the assembly.

Article 30.

Table of the assembly of representatives

The table of the assembly of representatives is made up of a president and two secretaries.

Article 31.

Direction

The direction is composed of a president, who is the bastonary, two vice-presidents and by

a pair number of vowels, at the minimum of six.

Article 32.

Competence

Compete in the direction:

a) Decide on the acceptance of inscriptions or send cancelling them, at the request of the

own or by decision of the jurisdictional council;

b) Elaborate and keep up to date the registration of all members;

c) Giving effect to the deliberations of the assembly of representatives;

d) Elaborate and propose to the assembly of representatives the approval of regulations;

e) Submit to the assembly of representatives the proposals for the creation of new

specialties;

f) Drive the activity of the Order;

g) Issue, directly or through commissions constituted for the purpose, opinions and

information to public and private entities, within the scope of the tasks of the Order;

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h) To collect the revenue and to effect the expenses provided for in the budget;

i) Elaborate and present to the assembly of representatives the plan and the report of

activities, the accounts and the annual budget;

j) Hiring the official reviewer of accounts that integrates the tax advice, under proposal of the

members of this;

k) Approve the regiment respect.

Article 33.

Health

1-A direction gathers ordinarily once a month and extraordinarily whenever

convened by its president.

2-A direction can only deliberate validly when it is present more than half of the

its members.

3-The deliberations are taken by a simple majority of the members present, avails of the

president of quality voting.

Article 34.

Bastonary

The bastonary represents the Order and is the chair of the direction.

Article 35.

Competencies

Compete with the bastonary:

a) Represent the Order in judgment and outside of it, specifically in the face of the organs of

sovereignty and community and international organizations;

b) Perform and enforce the deliberations of the direction and the other national bodies;

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c) Exercising the powers of the direction in cases of recognized urgency or in the

situations in which such competence is delegated to it;

d) To ensure the normal functioning of the Services of the Order, in the respect of the law, of the

this Statute and the respect of regulations;

e) Designate the vice president who replaces him in his or her lines and impediments.

Article 36.

Eligibility

For the application for the post of bastonary it is necessary for the effective member to have up to 10

years of professional exercise.

Article 37.

Linking

1-For the Order to be obliged are required the signatures of the bastonary and a

another member of the direction in effectivity of functions.

2-A direction may constitute mandatary for the practice of certain acts, owing to

such to fix the scope and duration of the powers conferred.

Article 38.

Solidarity liability

1-The members of the organs respond in solidarity with the acts practiced in the exercise

of the mandate given to them.

2-The provisions of the preceding paragraph shall not apply to the members who have not been

present at the session in which deliberation has been taken or, being present,

have voted expressly against the deliberation in question, in statement consignothing

in the respect of the minutes.

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Article 39.

Court of law

1-The jurisdictional council is composed of five members, being one of its members

president and the remaining vowels.

2-The jurisdictional board is advised by a legal advisor.

Article 40.

Competence

It is incumbent on the court of

a) Ensure compliance with the law, of this Statute and of the internal regulations,

either on the part of the organs of the Order, or by all its members;

b) Give an opinion on the proposals for amendments to this Statute and to

regulations;

c) To instruct and judge all disciplinary proceedings instituted to the members;

d) Deciding the resources on the validity of the decisions of the other organs of the Order, the

application for those concerned;

e) Approve the regiment respect.

Article 41.

Eligibility

For the application of the office of the Chair of the jurisdictional council is necessary that the

effective member has a minimum of 10 years of professional exercise.

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Article 42.

Health

1-The jurisdictional board gathers at the headquarters of the Order when summoned by its

president.

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

there is no place for abstentions.

Article 43.

Tax advice

1-The tax council consists of a president and two vowels.

2-The tax council further integrates an official reviewer of accounts.

Article 44.

Competence

Compete for the tax council:

a) To examine and issue opinion on the annual accounts to be submitted by the direction to

assembly of representatives;

b) Check the patrimonial and financial management of the Order;

c) Present to the direction the suggestions you understand of interest;

d) Follow the activity of the direction;

e) Draw up the minutes of your meetings.

Article 45.

Regional bodies

1-A The regional assembly shall be composed of all the members inscribed in the Order whose

professional domicile is situated in the geographical area included in the regional delegation.

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2-A The regional direction is composed of a president and a number of pair of vowels in the

minimum of two.

Article 46.

Competence and operation

1-Compete to the regional assembly:

a) Elect your desk;

b) Approve the budget, the plan of activities and accounts of the regional direction;

c) Deliberating on matters of a regional scope, on its own initiative or at the request of the

regional direction;

d) Approve your regiment.

2-Compete in the regional direction:

a) Represent the Order in the respect of geographical area, specifically in the face of

public entities that there exercise assignments, whenever mandated to the

effect by the direction;

b) Giving effect to the deliberations of the assembly of representatives and the assembly

regional and the guidelines of the direction;

c) Exercise delegated powers by the direction;

d) Carry out the budget of the regional delegation;

e) Managing regional services;

f) Draw up and submit to the direction the report and the annual accounts approved by the

regional assembly;

g) Approve your regiment.

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SECTION IV

Of the colleges

Article 47.

Colleges of specialty

1-A Order has the specialty colleges of clinical psychology and health, from

psychology of education and psychology of work, social and organizations.

2-Each specialty college consists of all the titular members of the

corresponding specialty.

3-There are so many colleges, how many the specialties.

Article 48.

Board of specialty

Each vocational specialty college is directed by a specialty board,

made up of a president, a secretary and three vowels, elected for four years by the

members of the specialty respect, according to own regulation, approved by the

direction.

Article 49.

Title of specialty

1-A Order assigns the following specialty titles:

a) Clinical psychology and health;

b) Psychology of education;

c) Psychology of work, social and organizations.

2-A obtaining the title of expert is governed by regulation drawn up by the direction and

approved by the assembly of representatives.

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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-A The creation of new specialties complies with the provisions of this Statute and is made

by law.

CHAPTER III

External responsibility of the Order

Article 50.

Annual report and information duties

1-A Order elabates annually a report on the pursuit of its tasks, which

is presented to the Assembly of the Republic and the Government by March 31 of each year.

2-A Order provides the Assembly of the Republic and the Government with all the information that it

is requested in respect of the pursuit of its assignments.

3-The bastonary shall correspond to the request of the relevant parliamentary committees

to provide the information and clarifications that these will require.

Article 51.

Resources

1-The acts practiced by the regional bodies of the Order admit hierarchical appeal,

being the eight-day interposition term of business.

2-The acts and omissions of the organs of the Order in the exercise of public powers stand

subject to administrative litigation, pursuant to the laws of the administrative procedure.

3-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

present Statute, specifically the resources for the jurisdictional council.

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CHAPTER IV

Members and too many providers of psychology services

SECTION I

Inscription

Article 52.

Compulsion

1-A The assignment of the professional title, its use and the exercise of the profession of psychologist, in

any sector of activity, individually or in professional society, depend on the

enrollment in the Order as an effective member, without prejudice to the provisions of paragraph 5 of the article

next.

2-For the purposes of the provisions of the preceding paragraph, any sector of activity shall be considered, the

public sector, private, cooperative, social or other, regardless of exercise

on your own or on account of a listening.

3-A provision of psychology services by employing companies or subcontractors

of psychologists does not depend on enrollment in the Order, without prejudice to the regime of the

professional societies and the provisions of Article 62 (1).

Article 53.

Inscription

1-For the exercise of psychology activity must sign up in the Order, as

members:

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a) The degree holders of the degree in Psychology conferred following a cycle

of studies with curricular internship included carried out in the framework of the organization of

previous studies to the system of organization of studies introduced by the Decree-

Law No. 74/2006 of March 24, as amended by the Decrees-Laws 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 Psychology conferred following a cycle of

integrated master's degree studies arranged in accordance with Article 14 (7) of the

Educational System Bases Act, passed by Law No. 46/86, of 14 of

October, with curricular internship included;

c) The holders of the licentiate and master's degrees in Psychology conferred on the

sequence of licentiate and Master's study cycles in Psychology with

curriculum internship included carried out in the framework of the study organisation

approved by 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;

d) The holders of a foreign higher academic degree in the field of Psychology

with curricular internship included to whom it has been conferred equivalence to one of the

degrees to which the previous points are referred to;

e) The national professionals of member states of the European Union or of Space

European Economic whose professional qualifications have been obtained outside

Portugal, pursuant to Rule 61.

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

out of Portugal, and to which the provisions of the paragraph apply d) 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.

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3-A enrollment in the Order for the exercise of the profession can only be refused:

a) Because of a lack of higher academic training under the terms of the points a ) a d ) of paragraph 1;

b) When the person concerned has been applied for the disciplinary penalty of expulsion and still

have not elapsed 10 years counted from the transit on trial of the decision.

4-Sign up still in the Order, as members:

a) The professional societies of psychologists, including the subsidiaries of organisations

associative associates of psychologists constituted under the law of another state, nos

terms of Article 70;

b) The permanent representations on national territory of organisations

associative associatives of psychologists constituted under the Right of another State, case

wish to be members of the Order, pursuant to Rule 71.

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

psychology, 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 applies the provisions of the

n Article 62 (1).

Article 54.

Professional stages

1-For the passage the effective member of the Order, the professional whose training has been

obtained in Portugal has to compulsorily carry out a promoted professional internship

and organized by the Order and in accordance with a submitted internship project and

accompanied by an internship advisor.

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2-In addition to the provisions of this Statute, the professional stages shall be governed by

own regulation drawn up by the direction and approved by the assembly of

representatives, which only produces effects after approval by the member of the Government

responsible for the area of health.

3-The professional stage has the duration of 12 months, from the date of enrolment.

4-Without prejudice to the provisions of the preceding paragraph, the internship may be excecionally

extended, at the request of the trainee, in the terms provided for in the internship regulation,

up to the maximum period of 18 months.

5-The trainee only considers himself to be entered after the appreciation for the Order of all the

legal and regulatory documents required, including the internship project.

6-A appreciation for the Order, pursuant to the provisions of the preceding paragraph, shall occur

within 30 days, counting the date of submission of all documents by part

of the internship candidate.

7-With the realization of the internship it is intended for the trainee to apply, in real context of

work, the theoretical knowledge arising from their academic training,

develops capacity to solve concrete problems and acquire the skills and

methods of work indispensable to a competent and responsible exercise of the

profession.

8-A enrollment as a trainee member can occur at all times.

9-The national professionals of Member States of the European Union or of Space

European Economic, whose qualifications have been obtained outside Portugal and

intend to carry out the internship on national territory, may register as a member

trainee of the Order.

10-Professional stages as a measure of compensation are governed by 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.

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11-During the professional internship, the trainee must benefit from accident insurance

personal and professional insurance, to be hired by the person or by the receiving entity.

Article 55.

Rights and duties of the trainee member

1-Constituent duties of the trainee member, on national territory and outside of it,

specifically:

a) Respect the principles set out in this Statute, in the deontological code and

in the remaining regulations approved by the organs of the Order;

b) Observe the rules and conditions which impose themselves on the breast of the entity receiving it;

c) Be guided by an effective member of the Order, in the full enjoyment of the

rights that fit you to this title and with at least five years ' experience

professional;

d) Respect and be loyal to the professional internship advisor and to the

entity that receives it;

e) Participate in the definition of the parameters of the operation and orientation of internship and

comply with the defined in the professional internship project;

f) Proceed to a registration of hours, to be ratified by the internship advisor;

g) Collaborate with diligence, commitment and competence in all activities,

work and training actions that will come to attend in the framework of the internship

professional;

h) Elaborate and submit an internship report;

i) Pay the quotas in a timely manner or bear the charges to which you may be

thank you.

2-Constituent rights of the trainee, specifically:

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a) Be supported by the Order in the defence of its rights and professional interests;

b) Access all available means of institutional communication to members;

c) Access the technical and scientific resources made available by the Order;

d) Access the benefits protocoled by the Order with any institutions;

e) Receive, on average, one hour of orientation per week;

f) Participate in the trainings training courses of trainees organized by the Order;

g) Sign up in the Order as an effective member after the completion of the internship

professional, in the terms of the internship regulation.

Article 56.

Rights and duties of the advisor

1-To the professional internship advisor is up to responsibility for direction and supervision

of the activity pursued by the trainee.

2-Any effector member with at least five years of professional experience

can take on the professional internship orientation.

3-The professional internship advisor is subject, specifically, to the following duties:

a) To ensure compliance with the professional internship project;

b) Ensure professional, ethical and deontological rigor, both at the level of training

granted to the trainee, as from the requirement imposed on it;

c) Making regular training available to the trainee;

d) To appreciate and ratify the registration of hours of the trainee, in the terms provided for in the

stages regulation;

e) Give advice as to the application for extension or suspension of the period

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of internship, presented by the trainee psychologist;

f) Enjoy the final report of the trainee, making it follow up

reasoned that it concludes by the aptitude or unfitness of the trainee for the

exercise of their professional duties, and to remetallate it in the direction;

g) Collaborate with the Order in the final assessment of the trainee psychologist;

h) Collaborate with the competent authority of another State whenever the professional

there you intend to join the profession.

4-The internship advisor has, in particular, right to:

a) Receive, on the part of the Order, training required for the exercise of the function of

professional internship advisor;

b) See recognized by the Order, in terms of professional experience, the

performance of the professional internship advisor function.

5-An advisor cannot guide annually more than five professional stages.

Article 57.

Suspension of the internship

1-The trainee may, by virtue of justifiable reasons, duly justified, require

the suspension of its internship, and shall, since soon, indicate the foreseeable duration of the

suspension.

2-A suspension may not exceed the maximum duration of six months, followed or

interpolated.

3-The period of six months referred to in the preceding paragraph may be extended, should the

trainee requires the rewant and demonstrates the need for the necessary respect, specifically in cases of

sickness, pregnancy, motherhood and parenthood.

Article 58.

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Completion of the professional internship

1-When the trainee completes the period of length of the professional internship must

submit a final internship report, in which it describes the activities developed in the

course of the same.

2-The final internship report must be accompanied by advice from the advisor's.

3-A date of completion of the professional internship corresponds to the date on which it is assigned

final classification to the performance of the trainee, to which it shall be communicated to the

interested, within a maximum of 15 working days.

4-In the event that the internship report or the global classification of the

stage being of "Not approved", enrollment as an intern lapse.

5-The period that meates between acceptance of enrollment as a trainee and communication

of the final grade note referred to in paragraph 3 shall not exceed 18 months.

Article 59.

Professional ballot

1-With the admission of professional enrollment is issued a professional member ballot

effective or of a trainee member, as the cases, signed by the bastonary.

2-A Professional ballot follows the model to be approved by the assembly of representatives.

Article 60.

Suspension and cancellation

1-Are suspended from the Order the members who:

a) They are subject to the disciplinary measure of suspension;

b) For your initiative to require suspension;

c) They find themselves in a situation of incompatibility with the exercise of the profession.

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2-It is cancelled the enrollment in the Order to members that:

a) They are subject to the disciplinary measure of expulsion;

b) Leave to exercise, voluntarily, the professional activity and declare together the

direction the intention of cancellation.

3-In case of application of sanction which has as effect the interdiction of the exercise of the

profession, immediately cesses the inscription on the Order.

SECTION II

Professionals of the European Union and of the European Economic Area

Article 61.

Right of establishment

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

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

enrolment as a member of the Order, is governed by Law No. 9/2009 of March 4,

amended by Laws No 41/2012 of August 28, and 25/2014, of May 2, without prejudice

of special conditions of reciprocity, should the qualifications in question have been

obtained outside the European Union or the European Economic Area.

2-The professional who intends to register in the Order under the preceding paragraph and

who pay services, in a subordinate or autonomous manner or in the quality of a partner or

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

associative organization of professionals, must, noted the provisions of paragraph 4 of the article

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

presented in accordance with Article 47 of Law No. 9/2009 of March 4, amended by the

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

3-In case the fact to be communicated in the terms of the preceding paragraph occurs after the submission of the

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application for recognition of qualifications, must the associative organization in question be

identified before the Order, within 60 days.

Article 62.

Free provision of services

1-The legally established professionals in another Member State of the European Union

or the European Economic Area and which there will develop activities comparable to the

professional activity of psychologist regulated by this Statute, may exercise them,

occasional and sporadic form, in national territory, in regime of free provision of

services, pursuant to Law No. 9/2009 of March 4, amended by Laws No 41/2012,

of August 28, and 25/2014, of May 2.

2-The professionals referred to in the preceding paragraph may make use of the professional title of

psychologist and are equated with psychologists, for all legal effects, except when the

contrary to the provisions in question.

3-The professional who pays services, in a subordinate or autonomous manner or in quality

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

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

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

services, must identify, in the face of the Order, the associative organization on account of which

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

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

Article 63.

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Electro trade

The legally established professionals in the Member State of the European Union or of the

European Economic Area that will develop activities comparable to activity

practitioner of psychologist regulated by this Statute, may exercise them, through

electro trade, with destination to the national territory, observed that are the requirements

applicable in the Member State of origin, particularly the deontological standards therein

vigour, as well as the permanent provision of information provided for in article 10.

of Decree-Law No. 7/2004 of January 7, as amended by Decree-Law No. 62/2009, of 10

of March, and by Law No. 46/2012, of August 29.

SECTION II

Categories of members

Article 64.

Categories of members of the Order

The Order has effective members, trainees, correspondents, honorariums and benemérites.

Article 65.

Effective members

They consider themselves effective members:

a) The professionals in psychology who fulfil the planned enrolment requirements

in this Statute;

b) The professional societies of psychologists and the permanent representations of

associative organizations of psychologists referred to in Article 53 (4), enrolled

under the terms of this Statute.

Article 66.

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Trainee members

They are considered to be trainee members, the professionals whose training referred to in Article 53.

has been obtained in Portugal and have not carried out or completed the professional internship,

as well as the professionals referred to in Article 54 (9).

Article 67.

Matching members

1-Consider corresponding members:

a) The professionals who exercise their activity exclusively abroad;

b) The members of foreign associations have counterparts who confirm equal

treatment to members of the Order.

2-The corresponding members shall enjoy the rights and are subject to the duties that

expressly they fall to them under the terms of this Statute.

Article 68.

Honorary members

1-Are admitted as honorary members to natural or collective persons who,

exercising or having exercised activity of recognized public interest and contributed

for the dignified and the prestige of the profession of psychologist, be considered as

deserving of such a distinction.

2-A The quality of honorary member is conferred by proposal presented by the direction and

approved by the assembly of representatives.

3-Honorary members shall enjoy the rights and are subject to the duties that

expressly they fall to them under the terms of this Statute.

Article 69.

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Benemeric members

1-Are admitted as benemeric members to natural or collective persons who,

having rendered pecuniary or patrimonial contribution in favor of the Order, be

considered to be worthy of such distinction.

2-A quality of benemeritus member is conferred by proposal presented by the direction and

approved by the assembly of representatives.

3-Benemeric members enjoy the rights and are subject to the duties that

expressly they fall to them under the terms of this Statute.

Article 70.

Societies of professionals

1-Psychologists established in national territory may exercise in group the profession,

provided that they constitute or join as partners in professional societies of

psychologists.

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

a) The professional societies of psychologists previously constituted and inscribed as

members of the Order;

b) The associative organizations of professionals who are equipped with psychologists, constituted

in another Member State of the European Union or of the European Economic Area,

whose capital and voting rights fall majority-to the professionals concerned.

3-The capital requirement referred to in para. b) of the preceding paragraph shall not apply in case of

associative organization does not have social capital.

4-The riding judgement referred to in paragraph 4 b ) of paragraph 2 is governed by:

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

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

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

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

of Portugal, by the internationally-beholdant reciprocity regime

5-Societies of psychologists shall enjoy the rights and are subject to the applicable duties

to professionals members of the Order who are compatible with their nature,

being in particular subject to the principles and deontological rules set out in the

present Statute.

6-Societies of professionals are not recognised electoral capacity.

7-The members of the executive body of professional societies of psychologists,

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 psychologists by the law and the present Statute.

8-Societies of psychologists may exercise, by secondary title, any activities

that are not incompatible with the activity of psychology, in relation to which not if

check impediment pursuant to this Statute, not being such activities

subject to the control of the Order.

9-A The constitution and the functioning of the societies of professionals appear in diploma

own.

Article 71.

Associative organisations of professionals from other Member States

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1-The associative organizations of professionals equated with psychologists, constituted

in another Member State of the European Union or of the European Economic Area, whose

capital with right to vote fall majority-to the professionals concerned and or the

other associative organizations whose capital and voting rights fall majority-owned

to those professionals, can inscribe the permanent representations on permanent

Portugal, constituted under the terms of the commercial law, as members of the Order, being

as such as such equates to societies of psychologists for the purposes of this Law.

2-The capital requirements referred to in the preceding paragraph shall not apply, should this 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 outside

of Portugal, by the internationally-beholdant reciprocity regime.

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

Member States shall appear in the diploma 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 72.

Other service providers

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The collective persons who presage psychology services and do not constitute themselves in the form of

companies of professionals are not subject to enrolment in the Order, without prejudice to the

compulsory enrollment in the Order of professionals who pay their respects

activity pursuant to this Statute.

Article 73.

Duties of providers of psychology services

1-All psychologists and professional societies of psychologists or equiparters stay

subject to the requirements set out in Article 19 (1) and (2) and Articles 20 and 22 of the

Decree-Law No. 92/2010, of July 26, and still, with regard to services provided

by electronic means, to the provisions of Article 10 of the Decree-Law No. 7/2004 of January 7,

changed by Decree-Law No. 62/2009 of March 10.

2-The provisions of the preceding paragraph shall not apply to the services and bodies of the

direct and indirect administration of the State, autonomous regions and local authorities,

nor to the remaining unentrepreneal public collective people.

SECTION III

Rights and duties of members

Article 74.

Effective members ' rights

1-Constituting rights of the effective members:

a) The exercise of the activity of psychologist;

b) Be supported by the Order for the defence of your professional rights and interests;

c) Be informed about all studies, provisions and opinions relating to the

exercise of the profession;

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d) Benefit from the editorial activity and use the services offered by the Order;

e) Elect and be elected to the organs of the Order, save the incapacities provided for in the

this Statute;

f) Participate in the activities and exercise any functions within the framework of the Order, in the

terms of this Statute;

g) Participate in and benefit from the social, cultural, recreational and scientific activity of the Order.

2-The trainee members enjoy the rights that are not vetted and that they do not

are incompatible with your condition.

3-The non-payment of contributions for a period of more than six months, after notice

prior, determines the impediment of participation in the institutional life of the Order, well

how to enjoy their services, while endure that situation.

Article 75.

Duties of effective members

They constitute the duties of the effective members:

a) Participate in the life of the Order;

b) Respect the principles set out in the deontological code;

c) To provide commissions and working groups with the collaboration that is requested to them;

d) Contribute to the good reputation of the Order and seek to broaden its scope of

influence;

e) Perform the duties for which they are assigned;

f) Comply with and enforce the deliberations of the organs of the Order;

g) Pay the quotas and bear the remaining regulatory burdens;

h) To update the respected knowledge for the exercise of the profession, in the case of the

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professionals;

i) Acting in solidarity in the defence of the collective interests of the members of the Order;

j) Use professional vignettes, under the terms of the regulation of use of

vignettes.

Article 76.

Rights and duties of the corresponding members

1-Constituts rights of the corresponding members, those provided for in points c) and d) from the

article 74.

2-Constituts duties of the corresponding members, those provided for in points b ) and d ) from the

previous article.

Article 77.

Rights of honorary and benemeric members

It constitutes the right of the honorary and benemeric members to be provided for in the paragraph c ) of the article

74.

CHAPTER V

Financial regime

Article 78.

Recipes

1-Constitutions revenue of the Order:

a) The quotas paid by its members;

b) The fees charged for the services provided to its members;

c) The product of the sale of its publications;

d) The donations, inheritances, legacies and subsidies;

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e) The income of goods that are affected to you;

f) The revenue from activities and projects;

g) Other revenue from own goods or other service benefits.

2-The revenues are affected to the attributions of the Order, in the terms to be defined in the budget and

plan of annual activities.

3-The fees for the services provided must be fixed in accordance with criteria of

proportionality.

4-The deliberations on the setting of the quotas and the fees are approved by the assembly

representative, by absolute majority, under proposal of the direction.

Article 79.

Quotas

1-The quotas are annual, without prejudice to their semestral, quarterly or monthly payment.

2-The quota collection regime is defined in own regulation.

3-The regulation referred to in the preceding paragraph may provide for an amount of quotas

different depending on the seniority of the inscription.

4-quota revenues are affected to the attributions of the Order in the terms to be defined in the

budget and annual activity plan.

Article 80.

Expenses

They constitute expenditure of the Order as relating to the installation and the incurred with the personnel,

maintenance, operation and all necessary for the pursuit of your goals.

CHAPTER VI

Disciplinary regime

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SECTION I

General provisions

Article 81.

Disciplinary infraction

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

any member of the Order, of the duties laid down 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 the profession, affecting with your conduct, in such a way, the dignity and the

professional prestige, which will definitely make it impossible to exercise the

profession.

3-The disciplinary infractions provided for in this Statute and too much legal provisions and

applicable regulations are punishable by title of dolo or negligence.

Article 82.

Disciplinary jurisdiction

1-Members of the Order are subject to the disciplinary power of the organs of the Order, in the

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

2-During the time of suspension of the inscription the Member of the Order remains subject to the

disciplinary power of the Order

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

previously practiced.

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

member of the Order regarding the infractions by him committed prior to the respect

definitive decision that has applied them.

Article 83.

Independence of the disciplinary responsibility of the members of the Order

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

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

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

by law.

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

against a member of the Order and, to be aware of the existence of a disciplinary infraction,

it is necessary to judge any matter that cannot be properly resolved in the

disciplinary proceedings, the suspension of the disciplinary procedure may be ordered during the

time in which, by force of jurisdictional decision or jurisdictional assessment of

any question, the march of the corresponding process cannot begin or

continue to take place.

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

Order to the competent judicial authority, to which you must order the consignment to the Order of

copy of the order dispatch and, if it there is place, of the pronunciation dispatch.

5-Elapsed the deadline set in accordance with paragraph 3 without the matter having been resolved, the

question is decided in the disciplinary process.

6-Where, in criminal proceedings against Member of the Order, it is designated day for the

trial hearing, the court must order the referral to the Order, preferably

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

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

requested by the direction or the bastonary.

7-A disciplinary liability of members before the Order arising from the practice of

infractions, is independent of disciplinary liability for violation of duties

emerging from working relationships.

Article 84.

Disciplinary responsibility of the societies of professionals and practitioners in

free provision of services

1-Collective persons members of the Order are subject to the disciplinary power of their

organs, under the terms of this Statute and the law governing the constitution and the

functioning of professional societies.

2-Professional practitioners who provide services on national territory in free

provision are equated with the members of the Order for disciplinary purposes, in the terms

of Article 4 (2) of Law No 9/2009 of March 4, as amended by the Leis n. ºs41/2012,

of August 28, and 25/2014, of May 2, with the specificities set out in paragraph 8 of the

article 91 and the disciplinary regulation.

Article 85.

Prescription

1-The right to institute the disciplinary procedure prescribes within five years, to be counted

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

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

establish prescription subject to longer term, the disciplinary procedure only

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prescribe after the course of this last term.

3-The limitation period of the disciplinary procedure runs from the day on which the fact is

has consummated.

4-The limitation period only runs:

a) In the instantaneous infractions, from the time of its practice;

b) In the continuing infractions, since the day of the practice of the last act;

c) In the permanent infractions, from the day on which to cease consummation.

5-The disciplinary procedure also prescribes if, since the knowledge by the organ

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

in accordance with Article 88 (1), do not commense the competent disciplinary procedure in the

deadline of one year.

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

disciplinary proceedings are suspended, awaiting dispatch of prosecution or pronunciation

in criminal proceedings.

7-The limitation period comes back to running from the day on which the cause of the suspension is ceased.

8-The period of limitation of the disciplinary procedure referred to in paragraphs 1 and 5 shall interrupt with

the notification to the accused:

a) Of the establishment of the disciplinary procedure;

b) From the prosecution.

SECTION II

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From the exercise of disciplinary action

Article 86.

Exercise of disciplinary action

1-Have legitimacy to participate in the Order facts susceptible to constituting infringement

discipline:

a) Any person directly or indirectly affected by the participating facts;

b) The direction;

c) The Public Prosecutor's Office, pursuant to paragraph 3.

2-Courts and any authorities shall give notice to the Order of practice, by

part of members of the Order, of facts susceptible to constituting disciplinary infraction.

3-The Public Prosecutor's Office and the criminal police bodies refer to the Order's certificate

denunciations, stakes or complaints filed against members of the Order and that

may substantiate facts susceptible to constitute disciplinary infraction.

Article 87.

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 targeted Order, and, in this case,

this manifests intention for continuation of the process, or the prestige of the Order or of the

profession, in any of its specialties.

Article 88.

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Introduction of the disciplinary procedure

1-Any organ of the Order, officiously or having on the basis of complaint, complaint or

participation submitted by duly identified person, containing facts

susceptible to integrating disciplinary infraction of the member of the Order, communicates, from

prompt, the facts to the competent body for the prosecution of the disciplinary procedure.

2-When it concludes that participation is unfounded, hers gives knowledge to the member

of the Targeted Order and are to pass on the certificates that the same understand necessary for

the tutelage of your rights and legitimate interests.

Article 89.

Procedural legitimacy

Persons with a direct, personal and legitimate interest regarding the facts involved

may request the Order to intervene in the process, requiring and claiming what

have for convenient.

Article 90.

Subsidiary law

Without prejudice to the provisions of this Statute, the disciplinary procedure shall be governed by the

disciplinary regulation, being in a subsidiary to be applicable to the procedures

provided for in the General Labor Law in Public Functions, passed by Law No. 35/2014, of

June 20.

SECTION III

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From disciplinary sanctions

Article 91.

Application of disciplinary sanctions

1-The disciplinary sanctions are as follows:

a) Warning;

b) Supervised practice obligation up to a maximum of 12 months;

c) Repreension registered;

d) Suspension up to a maximum of 24 months;

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

to the Order.

3-A penalty provided for in the paragraph b ) of paragraph 1 is applied to the member who commits infraction

discipline that results from a manifest deficit of formation.

4-A penalty provided for in the paragraph c) of paragraph 1 is applied to the member who commits infraction

discipline with gross negligence, but with no noticeable consequence, or that reincited in the

infractions referred to in the previous figures.

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 or lese rights

or relevant third party interests or that culposefully defaults on the duty to pay

quotas for a period of more than 12 months.

6-A penalty provided for in the paragraph e) of paragraph 1 shall apply to very serious infraction when, having

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in account of the nature of the profession, the disciplinary infraction has put into cause life, the

physical integrity of the people or is gravely lesive of honour or heritage

alheios or equivalent values, without prejudice to the right to rehabilitation, under the terms of the

disciplinary regulation.

7-A more serious sanction application than that of reprimand registered the member who exercises

any post in the organs of the Order, determines the immediate ousting of that office, without

Dependence on deliberation of the assembly of the representatives in that direction.

8-In the case of professionals in regime of free provision of services on national territory,

the penalties provided for in the paragraphs d ) and and ) of paragraph 1 assume the form of interdiction

temporary or definitive of the exercise of the professional activity in this territory,

depending on the cases.

9-Where the infraction results from the violation of a duty by omission, the compliance of the

applied sanctions do not waive the defendants ' compliance with that, if this is still

possible.

Article 92.

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 effective exercise of professional activity for a period of more than five

years, followed or interpolated, without any disciplinary sanction and with exemplary

behavior and zeal;

b) The spontaneous repair of the harm caused;

c) The spontaneous confession of the infraction or infractions;

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d) The provocation;

e) The fulfillment of a duty, in cases where the same cannot drive the

disciplinary responsibility of the target.

3-Are aggravating circumstances:

a) The determined will of, by the conduct followed, to produce harmful results

to users, to the prestige or dignity of the profession or to the general interest,

regardless of their effective verification;

b) The premeditation;

c) The collusion with other individuals for the practice of infraction;

d) The recidivism;

e) The accumulation of infractions.

4-A premeditation consists of the disigning for the comortment of the infraction, formed, by the

less, 24 hours prior to their practice.

5-A recidivism occurs when the infraction is committed before decorating three years on

the day on which it has finalised the fulfilment of the sanction applied by virtue of infringement

previous, being identical or of the same type as the violated duty.

6-A accumulation occurs when two or more infractions are committed on the same occasion

or when one is committed before it has been punished the previous one.

Article 93.

Unity and accumulation of infractions

It may not apply to the same member more than a disciplinary sanction for each fact

punishable.

Article 94.

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Suspension of sanctions

1-The disciplinary warning penalties, registered reprimand and suspension may be

suspended when, given the personality of the offender, to the conditions of his life, to the

your prior and subsequent conduct to the infraction and the circumstances of this one, conclude that the

simple censorship of the behaviour and the threat of the sanction carry out in an appropriate manner and

enough the purposes of the punishment.

2-The time of suspension is not less than six months, for the warning and warning penalties

reprimand registered, and to one year, for the sanction of suspension, nor more than two and three

years, respectively, relying on these deadlines from the date of commencement of compliance

of the penalty.

3-Cessa the suspension of the penalty whenever, in respect of the Member of the punished Order,

be delivered order dispatch in new disciplinary proceedings.

Article 95.

Implementation of sanctions

1-Compete in the direction of giving execution to the decisions rendered at the headquarters of disciplinary proceedings,

specifically practicing the acts necessary to the effective suspension or cancellation

of the enrolment of the members to whom the suspension and suspension sanctions are applied

expulsion respectively.

2-A The application of the sanction of suspension or expulsion implies the temporary prohibition or

definitive, respectively, of the practice of any professional act and the delivery of the ballot

professional at the headquarters of the Order or the regional delegation where the accused has his /

professional domicile, in the applicable cases.

Article 96.

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Start of production of effects of disciplinary sanctions

1-The disciplinary sanctions initiate the production of its effects on the day after that in

that the decision becomes final.

2-If on the date 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 97.

Communication and advertising

1-A The application of the penalties provided for in points b) a and ) of Article 91 is communicated by the

direction to the society of professionals or associative organization on account of which the

argued to provide services at the date of the facts and to the competent authority in another State-

Member of the European Union or of the European Economic Area for the control of

activity of the accused established in that same Member State.

2-A The application of suspension or expulsion sanctions can only take place preceding

public hearing, unless the defendant is missing, in the terms of the disciplinary regulation.

3-The penalties provided for in the paragraphs d ) and and ) of Article 91, publicity is given through the site

officer of the Order and in places deemed to be of idogens for the fulfillment of the purposes

of general prevention of the legal system.

4-Saved when the jurisdictional council justifiably determines something else, by

reasons connected to the defence of the interests of the Order or of rights or legitimate interests of

third parties, the disciplinary sanctions provided for in points b ) a d ) of article 91 are always

made public.

Article 98.

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Prescription of disciplinary sanctions

Disciplinary penalties prescribe in the following deadlines, from the date on which the

decision has become unimpeachable:

a) One month, for the sanction of registered reprimand;

b) Three months, for the supervised practice obligation up to a maximum of 12 months;

c) Six months, for the sanction of suspension;

d) One year, for the sanction of expulsion.

Article 99.

Conviction in criminal proceedings

1-Whenever in criminal proceedings the prohibition of exercise of the profession is imposed

for a given period of time, this is deducted from the disciplinary sanction of

suspension which, by the practice of the same facts, comes to be applied to the member of the

Order.

2-A The conviction of a member of the Order in criminal proceedings is communicated to the Order,

for effects of averaging to the enrollment respect.

SECTION IV

From the process

Article 100.

Compulsion

The application of a disciplinary sanction is always preceded by the finding of the facts and the

disciplinary liability in own process, in the terms provided for in the present

Status and the disciplinary regulation.

Article 101.

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Forms of the process

1-A disciplinary action carries the following forms:

a) Disciplinary procedure;

b) Process of enquiries.

2-Instaura the disciplinary process whenever the particular Member of the Order is

imputed facts duly realized, susceptible to constituting infringement

discipline.

3-The process of enquiries is instituted when it is not possible to clearly identify

the existence of a disciplinary infraction or the infringing respect, and there is a need for

carry out summary representations for the clarification or concretization of the facts in question.

4-After ascertaining the identity of the offender, or as soon as they show minimally

concretized or clarified the participating facts, being they susceptible to constitute

disciplinary infraction, is proposed the immediate conversion of the process of enquiries into

disciplinary proceedings, upon appearing succinctly reasoned.

5-When participation is manifestly unviable or unfounded, it should the same be

liminally filed, giving fulfillment to the provisions of Article 88 (2).

Article 102.

Disciplinary procedure

1-The disciplinary procedure is regulated in the disciplinary regulation.

2-The disciplinary process is composed of the following phases:

a) Instruction;

b) Defence of the accused;

c) Decision;

d) Execution.

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3-Regardless of the phase of the disciplinary procedure, they are assured to the accused all the

guarantees of defence, in the general terms of law.

Article 103.

Secret nature of the process

1-The process is of a secret nature until the dispatch of prosecution or archiving.

2-The rapporteur may authorize the consultation of the case by the accused, by the participant, or by the

interested, when hence it does not result inconvenient for the instruction and under condition of

not to be disclosed what his const.

3-The defendants or the interested, when member of the Order, who does not respect nature

secret of the process incurs disciplinary responsibility.

SECTION V

Of the guarantees

Article 104.

Judicial control

The decision on the application of a disciplinary penalty shall be subject to the jurisdiction

administrative, according to the legislation respecting legislation.

Article 105.

Review

1-It is permissible to review the final decision delivered by the organs of the Order with

disciplinary competence whenever:

a) A court ruling carried forward on trial to declare false any elements or

means of evidence that has been determinant for the decision to revidend;

b) A court ruling carried out on trial has given as a proven crime

committed by member or members of the organ that delivered the decision revidend and

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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.

Article 106.

Professional 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 meet:

a) Have elapsed more than 10 years on the transit on trial of the decision which

applied the penalty;

b) The rehabilitating has revealed good conduct, and may, in order to demonstrate it, use

any legally permissible means of proof.

2-Delibered rehabilitation, the rehabilitated member fully recovers his rights and is

given the publicity due, in accordance with Article 97, with the necessary adaptations.

CHAPTER VII

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Professional deontology

Article 107.

General principles

In the exercise of their professional activity, they must be respected by the psychologist the

following general principles:

a) Acting with independence and professional exemption;

b) Prestigious and dignifying the profession;

c) To place their capacity in the service of the public interest;

d) Engage in the establishment of a dynamics of social cooperation, with the

goal to improve individual and collective well-being;

e) Defend and make advocation for professional secrecy;

f) Require the collaborators to respect the confidentiality;

g) To use the scientific instruments appropriate to the rigour required in the practice of your

profession;

h) Know and act with respect for legal and regulatory precepts;

i) Respect the incompatibilities and legal impediments.

Article 108.

General duties

The psychologist, in your professional activity, must:

a) Abstain from sanctioning documents or making statements that unduly

result in own or outrain favourition;

b) Prevent the misrepresentation of the interpretation of the content, explicit or implicit, of

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documents of technical support for the exercise of the profession, with the aim of deluding the

good faith of outrain;

c) Uphold the principles of the ethics of the profession by refusing to collaborate or participate in

any service or endeavor that judges to hurt these principles;

d) Exercise your activity in areas of the psychology for which you have received

specific training;

e) Refuse any interferences in the exercise of your activity that they put in

cause technical-scientific aspetal or ethical exercise of the professional exercise, be which

are your hierarchical functions and dependencies or the place where you exercise your

activity;

f) Refrain from using specific materials from the profession for which you do not have

received training, let you know outdated or are dissuitable to the

application context.

Article 109.

Duties to the Order

The psychologist, in the exercise of his profession, shall:

a) Respect the present Statute and the Regulations of the Order;

b) Comply with the deliberations of the Order;

c) Collaborate in the tasks of the Order, notably by cooperating in

disciplinary procedures or denouncing situations of illegal exercise of the

profession;

d) Exercise the posts for which you have been elected;

e) Pay punctually the quotas, due to the Order, which are established in the

terms of this Statute;

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f) Communicate, within 30 days, any change of professional domicile.

Article 110.

Reciprocal duties among psychologists

The psychologist, in the exercise of his profession, shall:

a) Respect the work of colleagues;

b) Maintain any type of collaboration when it is necessary.

Article 111.

Professional secret

The psychologist is found to be subject to professional secrecy in everything that relates to facts

that are revealed by the customer in the exercise of the activity.

Article 112.

Advertising

1-A publicitation of services by the psychologist is done with correctness and is restricted to the

dissemination of information, regarding the types of intervention and the securities of which it is

holder observing the discretion, thoroughness and reservation that a profession of the area of health

requires.

2-The announcement should be limited to objective data on its activity, specifically the

professional name, the number of professional ballot, the contacts, the academic title and the

possible specialty, when this is recognized by the Order.

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Article 113.

Development of the deontological rules

The deontological rules of psychologists are object of development in code

deontological, to be approved by the assembly of representatives.

Article 114.

Impediments

The psychologist cannot exercise:

a) Any professional activities developed simultaneously with the activity of

psychologist who propitiates ambiguity concerning the exercise of the profession or that

hinders the delimitation of that exercise;

b) Simultaneously positions in the statutory bodies of the Order and leading roles in the

Public administration or direction of institutions, courses or cycles of study

college degrees in psychology or any other function with which to check a

manifest conflict of interest;

c) Simultaneously positions in the statutory bodies of the Order and positions of nature

union;

d) The remaining activities referred to in the deontological code.

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CHAPTER VIII

One-stop shop and transparency of information

Article. 115 para.

One-stop shop

1-All applications, communications and notifications, provided for in this Law, between the

Order and practitioners, societies of psychologists or other associative organizations of

professionals, with the exception of those relating to disciplinary procedures, are carried out

by electronic means, through the single electronic counter of the services, referred to in the

articles 5 and 6 of the Decree-Law No. 92/2010 of July 26, accessible through the site in

Internet of the Order.

2-When, on the grounds of unavailability of the electrolytic platforms, it is not possible

the fulfillment of the provisions of the preceding paragraph, the transmission of the information in

appreciation can be made by delivery on the services of the Order, by shipment by mail under

register, by fax or by electro mail.

3-A presentation of documents in simple form in the terms of the previous figures

dispensing the consignment of the original, authentic, authenticated or certified documents,

without prejudice to the provisions of the provisions of a ) and c) 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.

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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 domestic market, the Order shall

make available to the general public by means of their electro-website on the Internet, the following

information:

a) Regime of access and exercise of the profession;

b) Principles and deontological rules and technical standards applicable to its members;

c) Procedure for filing a complaint or complaints by the recipients

concerning the services provided by professionals in the context of their

activity;

d) Offers of employment in the Order;

e) Updated registration of the members, of which it appears:

i) The name, the professional domicile and the number of wallet or ballot

professionals;

ii) The designation of the title and professional specialties;

iii) The situation of suspension or temporary interdiction of the exercise of the activity,

if it is the case.

f) Updated registration of professionals in free provision of services in the territory

national, which are deemed to be enrolled in accordance with Article 4 (2) of the Law

n. º9/2009 of March 4, as amended by the Laws No 41/2012 of August 28, and

25/2014, of May 2, which behold:

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i) The name and professional domicile and, in case there is, the designation of the title

professional of origin and respect specialties;

ii) The identification of the professional public association in the Member State of

origin, in which the professional finds himself enrolled;

iii) The situation of suspension or temporary interdiction of the exercise of the activity,

where appropriate;

iv) The information relating to the companies of professionals or other forms of

associative organization of professionals to provide services in the

State-Member State of origin, in case here you provide services in that capacity.

Article 117.

Administrative cooperation

The Order provides and requests the administrative authorities of the other Member States of the

European Union and the European Economic Area and the European Commission assistance

mutual and take the necessary steps to cooperate effectively, notably through

of the Internal Market Information System, in the context of the procedures relating to

providers of services already established in another Member State, under Chapter VI

of the Decree-Law No. 92/2010 of July 26, of Article 51 (2) of Law No 9/2009 of 4

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

n. paragraphs 2 and 3 of Article 19 of Directive No 2000 /31/CE, of the European Parliament and of the

Council of June 8, 2000 on certain legal aspements of the services of society

of information, in particular of the electro trade.

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ANNEX II

(referred to in Article 6)

Republication of Law No. 57/2008 of September 4