Key Benefits:
CHAIR OF THE COUNCIL OF MINISTERS
1
Proposal for Law No 298 /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 status of the professional public associations already set up under the scheme
statued by that law.
By this Law, the adequacy of the Statute of the Order of Pharmacists shall be carried out
approved by Decree-Law No. 288/2001 of November 10, amended by the Decrees-Laws
n. paragraphs 134/2005, of August 16, 24/2008, of February 26, and by Law No. 22/2009, 20
of May, to the scheme provided for in Law No. 2/2013 of January 10, which in essence,
translate the maintenance of the already existing statutory provisions with the changes
arising from the application of the said framework law.
It was heard the Order of Pharmacists.
CHAIR OF THE COUNCIL OF MINISTERS
2
Thus:
In accordance with Article 53 (5) of Law No 2/2013 of January 10 and of the d ) of the n.
1 of Article 197 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 fourth amendment to the Decree-Law No. 288/2001 of November 10,
changed by Decrees-Leis n. ºs 134/2005, August 16, 24/2008, February 26, and
by Law No. 22/2009 of May 20, which approved the Statute of the Order of the
Pharmaceuticals, in the sense of matching it to Law No. 2/2013 of January 10, which sets out the
legal regime for the creation, organization and operation of public associations
professionals.
Article 2.
Amendment to the Statute of the Order of Pharmacists
The Statute of the Order of Pharmacists, approved in annex to the Decree-Law
n. 288/2001 of November 10, as amended by the Decrees-Laws 134/2005, of 16 of
August, 24/2008, of February 26, and by Law No. 22/2009 of May 20, passes to
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
Pharmaceuticals, keeping current mandates on course with the duration initially
defined.
CHAIR OF THE COUNCIL OF MINISTERS
3
2-Until the approval of the regulations referred to in the following paragraph shall remain in force
the regulations issued by the Order of Pharmacists not to contract the
provisions of the Statute annexed to this Law.
3-A The Order of Pharmacists approves within 180 days, from the date of entry
in force of this Law, the regulations laid down in its Statute.
4-A Order maintains the traditional designation of Pharmaceutical Society Lusitana, of which
is legitimate continuer.
Article 4.
Abrogation standard
Article 2 (2) of the Decree-Law No. 288/2001 of November 10, amended is hereby repealed
by Decrees-Leis n. ºs 134/2005, August 16, 24/2008, of February 26, and by the Law
n. 22/2009, of May 20.
Article 5.
Republication
It is republished in Annex II to this Law and of which it is an integral part, the Decree-Law
n. 288/2001, of November 10, with the current essay.
CHAIR OF THE COUNCIL OF MINISTERS
4
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
CHAIR OF THE COUNCIL OF MINISTERS
5
ANNEX I
(referred to in Article 2)
STATUS OF THE ORDER OF PHARMACISTS
CHAPTER I
General provisions
SINGLE SECTION
Nature, headquarters and assignments
Article 1.
Nature
1-A The Order of Pharmacists, hereinafter referred to by the Order, is the public association
representative professional of those who, in accordance with the precepts of the present
Statute and the applicable legal provisions, exercise the profession of a pharmacist.
2-A Order also represents the enrolled members who possess the Bachelor's degree
in Pharmacy, whose acquired rights remain safeguarded.
3-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.
Headquarters and areas of competence
1-A Order has its registered office in Lisbon and consists of the regional sections of the North,
Centre, South and autonomous regions, as well as regional delegations of these regions.
2-The regional sections have the geographical areas corresponding to the following districts and
autonomous regions:
a) North-District of Braga, Bragança, Porto, Viana do Castle and Vila Real;
CHAIR OF THE COUNCIL OF MINISTERS
6
b) Center-Aveiro District, White Castle, Coimbra, Guard, Leiria and Viseu;
c) South and autonomous regions-District of Beja, Évora, Faro, Lisbon, Portalegre,
Santarém, Setúbal and autonomous regions of the Azores and Madeira.
3-The regional delegations of the Azores and Madeira cover the geographical areas
relating to each of the autonomous regions.
Article 3.
Attributions
1-Are attributions of the Order:
a) Collaborate on the definition and implementation of health policy in cooperation with the
State;
b) Uphold the dignity of the pharmaceutical profession;
c) To foster and defend the interests of the pharmaceutical profession.
2-In order to pursue the assignments referred to in the preceding paragraph, the Order shall exercise its
action in the social, scientific, cultural, deontological, professional and economic fields of
pharmaceutical activity.
3-Incumbent on the Order, in the social field:
a) Elaborate studies, issue opinions and propose solutions in policy matters of
health;
b) Coadjuvar the State in all actions that target citizens ' access to the
medical and pharmaceutical care, medicamentous, preventative, curative and
rehabilitation as well as in the discipline and control of production and use of the
chemical, biological, food, pharmaceutical, and diagnostic means;
c) Collaborate with counterparts with counterparts, national or foreign, and with the State
in the definition and implementation of health policy;
d) Maintain and promote relations with foreign, nationwide organizations
CHAIR OF THE COUNCIL OF MINISTERS
7
or international, which lay down to the health problems;
e) Collaborate with the Portuguese official speaking countries in the pharmaceutical area and in
all those that, within the framework of their professional competences, contribute
for the defence of the public health of these countries.
4-Incumbent on the Order, in the scientific and cultural field:
a) Maintain, organize and update the library and a service of scientific bibliography and
technological;
b) Edit periodical or other publications;
c) Organize, on its own or in collaboration with universities, orders, unions,
associations and other institutions, internships, postgraduate courses and the
improvement and recycling, as well as promote the achievement or participation
in congresses, seminars, conferences and other activities of the same nature;
d) Stepping up cooperation at national and international level in the field of sciences
pharmaceuticals, particularly with educational establishments and institutions
scientific from the Portuguese official language countries;
e) Accreditation specially qualified pharmacists to intervene in stocks
specific that are located in the framework of pharmaceutical activity;
f) Believing and accreditation of continuous training actions.
5-Incumbent on the Order, in the deontological scope:
a) Defend and encourage respect and observance of the principles that inform the
pharmaceutical dignity and the exercise of the profession, specifically in the fields
of ethics and professional deontology;
b) Ensure compliance with the laws, of this Statute and of the Regulations
applicable, in particular with regard to the title and profession of the pharmacist,
CHAIR OF THE COUNCIL OF MINISTERS
8
promoting judicial procedure against those who use it or exercise it illegally;
c) Exercising disciplinary action over its members, whenever they violate their
mandatory duties or standards that relate to the practice of acts
pharmacists.
6-Incumbent still on the Order, in the professional and economic field:
a) Collaborate with the State in the certification of public pharmaceutical services and
private, including the recognition of the suitability of the idoneity, and coadjugating it in the
quality control of the pharmaceutical services provided;
b) Carry out inspection actions that are delegated to you by the Ministry of Health,
specifically in the workshop pharmacies, also designated pharmacies
community, and hospital, in the clinical and industry analysis laboratories,
as well as in the wholesale outlets of use medications
human and veterinary, medical devices and other health products, and yet
in all organisms where pharmaceutical acts are practiced;
c) Draw up reports on the actions mentioned in the preceding paragraph and propose the
solutions that are affling you appropriate;
d) To propose to the organs of political power the appropriate legislative measures to the effective
exercise of the profession and collaborate in the implementation of such measures, with a view to
defence of the superior interests of public health;
e) To promote the creation and regulation of specialties, subspecialties and
pharmaceutical skills, as well as the conditions of the respective exercise;
f) Cooperate with the State in the regulation of the ingress and access of the
pharmacists in the careers of Public Administration, as to technicians
health superiors of the laboratory branch and hospital pharmacist;
g) Issue professional ballots and assign specialty securities, without prejudice to the
joint titration by the Order and the State;
CHAIR OF THE COUNCIL OF MINISTERS
9
h) Collaborating with the State in the fight against unfair competition in the field
of the remuneration and prices of services provided in the context of health,
specifically when such provision is regulated by conventions, agreements or
contests;
i) Study, propose and, if necessary, complain about the adoption of measures that are
related to the exercise of pharmaceutical activity or offending the legitimate
rights and interests of pharmacists;
j) Collaborate with all professional, scientific and union organizations that
represent pharmacists;
k) Recognizing the professional qualifications obtained outside Portugal, under the terms of
law, the law of the European Union or international convention;
l) To draw up its own internal regulations, giving fulfillment to the willing
in this Statute.
CHAPTER II
Members
SECTION I
Members
Article 4.
Categories of members
1-A Order is composed of effective and non-effective members.
2-Effective members of pharmacists or professional societies of
pharmacists enrolled in the Order and who do not have their enrollment suspended.
3-Are non-effective members, the honorary members, the student members, the
corresponding members and the collective members.
4-Are honorary members, the natural persons, regardless of the profession of
CHAIR OF THE COUNCIL OF MINISTERS
10
pharmacist, as well as the collective persons who hajam provided relevant services to
Order or the pharmaceutical profession, entered in the Order in that capacity, by
deliberation of the general assembly, upon proposal of the national direction.
5-Are student members, the students enrolled in the last two years of the Master's degree
integrated in pharmaceutical sciences, enrolled in the Order in that capacity, by
deliberation of the regional direction of the area of jurisdiction of the higher education institution
in which they are enrolled, and the enrollment is to be renewed annually.
6-Are corresponding members all the holders of the qualifications to which the
points a ) a d ) of Article 6 (1), which shall exercise the pharmaceutical profession or
practise own acts of this profession outside of the national territory, inscribed in the Order
in that capacity, by deliberation of the national direction, after application submitted
by the interested.
7-Are also corresponding members of those who possess the Bachelor of Pharmacy
referred to in Article 1 (2), which shall exercise the pharmaceutical profession or
practise own acts of this profession outside of the national territory and require your
enrollment in that quality, under the terms of the previous number.
8-Collective members, the collective people who, by their activity, relate to
the universe of pharmaceutical activity, in Portugal or abroad, specifically
at the scientific, academic or associative level, inscribed in the Order in that capacity, by
deliberation of the national direction and require its enrollment in that capacity.
9-The honorary, correspondents and collectives may participate in the
regional assemblies, without the right to vote.
10-The non-effective members, save the honorary members and the collective members who
are also effective, do not enjoy the rights conferred by this Statute to the
effective members.
11-Honorary and corresponding members can participate in the assemblies
CHAIR OF THE COUNCIL OF MINISTERS
11
regional without a right to vote.
12-The honorary members who are not also effective and the members
correspondents do not enjoy the rights conferred by this Statute to the
effective members.
Article 5.
Exercise of the profession
1-The use of the title of pharmacist and the exercise of the pharmaceutical profession or the practice of
own acts of this profession depend on enrollment in the Order as an effective member.
2-For the purposes of the preceding paragraph, the profession is considered to be exercise, or the practice of acts
own of this profession, the professional performance, in the public sector, in the private sector
or in the social sector, of activities that fall into the professional competence defined in the
present Statute.
3-For the purposes of the provisions of the preceding paragraphs, enrollment is always mandatory, since
that admission to the career, public, private or social career, presupposes the
academic training to which you rent Article 1 (1) and the practice of own acts of the
pharmaceutical profession.
4-You can only use the title of specialist pharmacist the members enrolled in the frame of the
specialists organized by the Order.
Article 6.
Inscription
1-Can sign up in the Order:
a) The holders of the degree certificate in Pharmacy conferred by an institution
of Portuguese higher education following a cycle of studies carried out
in the framework of the organisation of studies prior to the scheme introduced by the
Decree No 111/78 of October 19;
CHAIR OF THE COUNCIL OF MINISTERS
12
b) The holders of the licentiate degree in Pharmaceutical sciences conferred by
a Portuguese higher education institution in the framework of the organisation of
previous studies to the application of Decree-Law No 74/2006 of March 24,
changed by Decrees-Leis n. ºs 107/2008, June 25, 230/2009, 14
of September, and 115/2013, of August 7;
c) The holders of the master's degree in Pharmaceutical Sciences 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;
d) The holders of a foreign higher academic degree in the field of
Pharmaceutical Sciences to whom equivalence has been conferred on one of the
degrees to which the points are referred a ) a c );
e) The national professionals of member states of the European Union or of the
European Economic Area whose qualifications have been obtained outside
Portugal, in accordance with Article 10.
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.
3-For the exercise of the activity of pharmacist must sign up in the Order, as
members:
a) The professional societies of pharmacists, including the subsidiaries of organisations
associative pharmacists of pharmacists constituted under the Right of another State,
pursuant to Art. 12;
CHAIR OF THE COUNCIL OF MINISTERS
13
b) The permanent representations on national territory of organisations
associative pharmacists of pharmacists constituted under the Right of another State,
if they wish to be members of the Order pursuant to Rule 13.
4-To exercise in the occasional and sporadic manner on national territory of the activity of
pharmacist, in free service provision of services, by national professionals of
Member States of the European Union and of the European Economic Area, whose
qualifications have been obtained outside of Portugal, the provisions of Article 11 apply.
5-A admission of the candidates referred to in points b ) and c ) of the n. 1 may still be
conditioned on the proving of the linguistic competence required for the exercise of the
pharmaceutical activity in Portugal under the terms of Law No. 9/2009 of March 4,
amended by Laws No 41/2012 of August 28, and 25/2014, of May 2.
6-A The instruction of the application for enrolment is the object of internal regulation of the Order.
7-The candidates referred to in points d ) and and ) of paragraph 1 and paragraph 2 shall apply for enrolment
in the Order upon application directed to the bastonary.
Article 7.
Acceptance and refusal to sign up
1-It is up to the regional direction to accept or refuse to enroll in the Order, and may, in the latter
case, the candidate resorting to the national direction.
2-A enrollment in the Order, as well as the revalidation of the professional ballot, can only be
refused on grounds of the lack of the requirements and conditions laid down in the present
Status for access to the exercise of the profession of a pharmacist.
3-Accept the inscription, is issued professional ballot, also designated by wallet
professional, signed by the bastonary, which is always returned by the holder to the Order, in the
cases of suspension or cancellation of the enrollment provided for, in Articles 8, 9 and
CHAIR OF THE COUNCIL OF MINISTERS
14
114.
4-A professional ballot ballot is revalidated periodically every five years, provided that
hold the assumptions that have justified their issuance.
Article 8.
Suspension of enrollment
Without prejudice to the provisions of Article 114, enrollment in the Order shall be suspended:
a) To those who have been punished with sanction of suspension;
b) To those who request the suspension for having left to exercise the activity
pharmaceutical.
Article 9.
Cancellation of enrollment
Without prejudice to the provisions of Article 114, enrollment in the Order shall be cancelled:
a) To those who have been punished with sanction of expulsion;
b) To those who request the cancellation, for having left to exercise the activity
pharmaceutical.
SECTION II
Professionals of the European Union and of the European Economic Area
Article 10.
Right of establishment
1-The recognition of professional qualifications of national Member State of the
CHAIR OF THE COUNCIL OF MINISTERS
15
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 identify the organization concerned in the
application filed pursuant to Article 47 of Law No 9/2009 of March 4, amended
by the Laws n. ºs 41/2012, of August 28, and 25/2014, of May 2.
3-In case the fact to be communicated in the terms of the preceding paragraph occurs after the submission of the
application for recognition of qualifications, must the associative organization in question be
identified before the Order within 60 days.
Article 11.
Free provision of services
1-The legally established professionals in another Member State of the European Union
or the European Economic Area and which there will develop activities comparable to the
professional activity of pharmacist regulated by this Statute, may exercise-
las, in the occasional and sporadic manner, on national territory, in free provision
of services, pursuant to Law No. 9/2009, of March 4, amended by the Laws
n. ºs 41/2012, of August 28, and 25/2014, of May 2.
CHAIR OF THE COUNCIL OF MINISTERS
16
2-The professionals referred to in the preceding paragraph may make use of the professional title of
pharmacist whenever your qualifications are considered to be recognisable
automatic under the terms of Law No. 9/2009 of March 4, amended by the Laws
n. paragraphs 41/2012, of August 28, and 25/2014, of May 2, and are, in any case,
equated with pharmacist, for all legal effects, except when the other way around
result 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 Order the associative organization, on account of which
provides services, in the declaration referred to in Article 5 of Law No 9/2009 of March 4,
amended by Laws No 41/2012 of August 28, and 25/2014, of May 2.
Article 12.
Societies of professionals
1-Pharmacists established in national territory may exercise in group a
profession, as long as they constitute or join as partners in professional societies
of pharmacists.
2-Can still be partners of professional pharmaceutical societies:
a) Professional societies of pharmacists previously constituted and registered
as members of the Order;
b) Associative organizations of professionals riding pharmacists
CHAIR OF THE COUNCIL OF MINISTERS
17
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, should this
does not have a social capital.
4-The equiparation judgment referred to in point (a) b ) of paragraph 2 is governed by:
a) As for nationals of a Member State of the European Union or of Space
European Economic Commission, by Article 1 (4) of Law No 9/2009 of March 4,
amended by Laws No 41/2012 of August 28, and 25/2014, of May 2;
b) As for nationals of third countries whose qualifications have been obtained
out of Portugal, by the internationally beholdant reciprocity regime.
5-Societies of pharmacists shall enjoy the rights and are subject to the duties
applicable to professional members of the Order who are compatible with their
nature, being in particular subject to the principles and deontological rules
constants of this Statute.
6-Professional societies of pharmacists are not recognised electoral capacity.
7-The members of the executive body of professional pharmaceutical societies,
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 pharmacists by the law and the present Statute.
8-Societies of pharmacists may further develop any other activities
that they are not incompatible with the activity of pharmacist, nor in relation to which
if you check impediment, under the terms of this Statute, not being such
activities subject to the control of the Order.
9-A The constitution and operation of the societies of professionals appears in diploma
own.
CHAIR OF THE COUNCIL OF MINISTERS
18
Article 13.
Associative organisations of professionals from other Member States
1-The associative organizations of professionals who are equipped with pharmacists, constituted
in another Member State of the European Union or of the European Economic Area for the
exercise of professional activity, whose manager or administrator is a professional and
whose capital with a right to vote falls majority-to the professionals concerned and or
to 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 pharmacists for the purposes of this Law.
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 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 14.
CHAIR OF THE COUNCIL OF MINISTERS
19
Other providers
The collective persons who provide pharmaceutical 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
mandatory enrollment in the Order of the professionals who there exercise activity in the
terms of this Statute.
CHAPTER III
Organization
SECTION I
General provisions
Article 15.
Organs
1-A Order exerts its action at the national and regional level through, respectively, the
organs of national and regional scope.
2-Are organs of national scope:
a) The general meeting;
b) The national direction;
c) The bastonary;
d) The national jurisdictional council;
e) The national tax council;
f) The specialty boards.
3-Are organs of regional scope:
a) The regional assembly;
b) The regional direction;
CHAIR OF THE COUNCIL OF MINISTERS
20
c) The regional jurisdictional council;
d) The regional tax council;
e) The regional plenary;
f) The regional delegate.
Article 16.
Mandate
1-The mandate of the organs is three years and is renewable only for one time.
2-Elections for the organs can be held presentially, by correspondence
or via electronica, in accordance with the electoral regulation and referendums.
Article 17.
Honorary titles
The pharmacist who has exercised positions in the organs of the Order retains honorary
the designation corresponding to the highest office that there is occupied.
Article 18.
Accumulation and incompatibility of posts
1-During the same term no elected member can accumulate the exercise of two
posts, save if one of them is that of a member of a specialty board.
2-The posts of bastonary and chairman of the regional direction can be remunerated if
and to the extent that the general meeting authorizes such remuneration.
CHAIR OF THE COUNCIL OF MINISTERS
21
3-In the case of a quorum of some body by vacancy of seats, elections are held
intercalares exclusively for the vacant posts, ceasing the new members their
functions at the end of the mandate so that the previous members had been elected.
4-The mid-term elections referred to in the preceding paragraph do not take place if the vacancy of
places to occur up to one year before the scheduled date of the ordinary elections, by the
bastonary the appointment of the members who occupy the vacant seats interinely.
5-Exceed from the precept in the previous number the posts of chairman of the table of the
general assembly and bastonary that, regardless of any time frame, are
occupied automatically and interinally by the deputy chair of the general assembly's desk and
by the vice president of the national direction, respectively.
SECTION II
General assembly
Article 19.
Composition
1-A General assembly consists of 30 delegates.
2-The number of delegates elected by each regional assembly is proportional to the number
of members enrolled in the respective regional section.
3-Without prejudice to the provisions of the preceding paragraph, each regional assembly elects a
maximum of 50% of delegates, so the places of delegates exceeding that
limit are distributed proportionally by the remaining regional sections that elect them.
4-Taking into account the provisions of the preceding paragraphs, the distribution of the number of
delegates from each regional section is defined, annually and for the following year, in the
CHAIR OF THE COUNCIL OF MINISTERS
22
general assembly of appreciation and voting of the budget.
5-Each of the regional delegations of the Azores and Madeira has a delegate, the
integrate into the delegation of the southern regional section and autonomous regions.
6-The mandate of the delegates is not imperative.
Article 20.
Table
1-A The table of the general meeting consists of a president and two members, elected
by universal suffrage, direct, secret and periodical.
2-The vice-president of the table is designated by the president, from among its members.
Article 21.
Plenaries
1-The chairman of the table of the general meeting may, on his or her initiative, or at the request of the
bastonic or national direction, convene national plenaries to discuss matters
of relevant interest to the pharmaceutical class.
2-Have a right to participate in these plenaries, whose proposals or suggestions have nature
merely advisory, all pharmacists enrolled in the Order.
3-A convocation for the plenaries is made by means of advertisements, of which the order appears
of works, published in two major daily newspapers of wide circulation, with at least
15 days in advance in relation to the date designated for the meeting.
Article 22.
Competence
1-Compete to the general assembly:
CHAIR OF THE COUNCIL OF MINISTERS
23
a) Appreciate and vote on the report and accounts of the Order, until March 31 of each year, well
as the budget, until the end of the year preceding that which it relates to;
b) Deliberating on all matters relating to the activity of the Order, which caibam
in your competences;
c) Deliberating the divestness or burdening of immovable property that integrate the
heritage of the Order;
d) Approve internal regulations relating to the disciplinary procedure and the
electoral and Referendum Acts, pursuant to this Statute;
e) Approve, by an absolute majority of the members present, under proposal of the direction
national, the regulation fixing the monthly quota, as well as the remaining rates to
charge for the provision of services, and may establish differentiations in what
respects the value of the monthly quota, taking into account objective criteria,
specifically with respect to the years of exercise of the profession or if it is
in cause individual or collective member;
f) To propose the creation of specialties, create subspecialties and competences
professionals, as well as the respected regulations, under proposal of the direction,
subject to type-approval by the member of the Government who exercises guardian powers
about the Order;
g) Approve proposals for amendments to this Statute;
h) Decide any issues that do not fall into the competences of other organs;
i) Approve your regiment.
2-A The drafting of the Regulations follows the scheme provided for in the Code of Procedure
CHAIR OF THE COUNCIL OF MINISTERS
24
Administrative.
3-Regulations with external effectiveness shall be subject to approval by the member of the
Government that exercises guardian powers over the Order and are published in the 2 th series of the
Journal of the Republic , without prejudice to its internal disclosure in the magazine of the Order or in the
your electrolytic site.
Article 23.
Health
1-The ordinary meetings of the general meeting are intended for the appreciation and voting of the
subjects set out in paragraph a ) of paragraph 1 of the preceding Article, as well as any
other subjects of relevant interest to the profession.
2-Whenever the urgency of the issues to be appreciated and to decide the justices, they may be
convened extraordinary meetings of the general assembly.
3-Meetings are convened by the Chair of the table, with the minimum advance of 15
days, either on its own initiative or at the request of the national direction.
4-May meetings may still be convened at the request of one or more regional directions, or
by application directed to the President and subscribed for a minimum of 5% of the
effective members of the Order, of which the number of enrolled in any section does not
may be more than two-thirds of the total number of signatories to the request of the
convocation.
5-Without prejudice to the provisions of the preceding paragraphs, the form of convocation shall comply with the
provisions of Article 21 (3).
SECTION III
National direction
CHAIR OF THE COUNCIL OF MINISTERS
25
Article 24.
Composition
1-A The national direction consists of the president, which is the bastonary, and by six vowels,
being three of them the presidents of the regional sections and the other three elected by suffrage
universal and direct, secret and periodical.
2-The members of the national direction choose, from among themselves, a vice president, a
secretary and a treasurer.
3-A national direction designates, by proposal of the bastonary, an executive board
made up of three of its members, who assists the president in cases of recognized
urgency and gravity.
4-The decisions taken by the bastonary, after hearing of the executive board, must be
object of ratification by the national direction in the first meeting that comes to be convened
after the same.
5-A The national direction may delegate to the Chair your competences.
Article 25.
Competence
It competes in the national direction:
a) Drive the activity of the Order at the national level;
b) Coordinate and guide the activities of the regional directions;
c) To comply with the deliberations of the general meeting;
d) Create advisory boards or working groups, with specific missions,
intended to advise the direction regarding relevant themes of the profession,
in particular with respect to deontological matters;
e) Decide the intersted appeals of decisions that refuse admission to the Order;
f) Decide applications for enrolment in the Order of the candidates to which they refer to
CHAIR OF THE COUNCIL OF MINISTERS
26
points d ) and and ) of paragraph 1 and paragraph 2 of Article 6, and may delegate to the directions
regional the decision on applications for enrolment of the remaining candidates;
g) Elaborate and keep up to date the general framework of the registered pharmacists and the
specialists titled by the Order;
h) To propose to the general meeting the approval of the regulation on fixation of the
criteria and the value of the monthly quota, as well as the value of the remaining fees to be paid
by the members;
i) Comply with and enforce the budget approved by the general meeting;
j) Issue opinions and draw up information on matters related to the
exercise of the pharmaceutical profession that are requested by the Government, by
pharmacists enrolled in the Order or who, on their initiative, understand duty to provide
to entities, public or private, whose activity is related to that
exercise;
k) Sending you passing certificates or providing information, in harmony with the Code of the
Administrative Procedure;
l) To draw up and present to the general meeting the annual report, accounts and budget;
m) Managing the furnishing and real estate of the Order, keeping up with the
respect enrollment;
n) To propose to the Minister of the guardian the amendment of the Statute, in the sense of creating
new specialty colleges, decide on subspecialties and competencies and
assign the said securities;
o) Ensure compliance with good management practices, in accordance with the rules
established;
p) Designate an official reviewer of accounts as an integral element of the board
national tax;
CHAIR OF THE COUNCIL OF MINISTERS
27
q) Exercising assignments and practicing the acts necessary for the pursuit of the purposes of
Order, in harmony with the deliberations of the general meeting;
r) Decide on the contraction of debts on the part of the Order, namely
resulting from bank financing, including on the provision of guarantees,
that do not entail burdening real estate.
Article 26.
Health
The national direction meets, ordinarily, once a month or when it is convened by the
your president.
SECTION IV
Bastonary
Article 27.
Election
1-The bastonary is elected by universal, direct, secret and periodic suffrage, from among the
pharmacists with a minimum time of exercise of the profession of 10 years, at the date of
realization of the elections.
2-It is elected bastonary the candidate who obtains more than half of the votes cast, not if
considering how such the white and nullie-voting votes.
3-If none of the candidates obtains that number of votes, the second one is carried out
suffrage, within 21 days, to which to compete only the two most voting candidates,
that have not withdrawn the application
Article 28.
Competence
CHAIR OF THE COUNCIL OF MINISTERS
28
Compete with the bastonary:
a) Represent the Order in judgement and outside it;
b) To ensure the interests of pharmacists and the recipients of the exercise
pharmaceutical professional;
c) Exercise the competence of the national direction in cases of recognized urgency or
gravity, after hearing from the executive board whenever possible;
d) Exercise the competence delegated by the national direction;
e) Superintender in the services and human resources of the Order and velar for the
compliance with the law, this Statute and the internal regulations, without
Injury to the provisions of Article 30 (1) as well as comply with good practices
management and contracting;
f) Make the deliberations of the general assembly and national direction and ensure
the management of the Order.
SECTION V
National jurisdictional council
Article 29.
Composition
The national jurisdictional board consists of a president and two vowels, elected by
universal, direct, secret and periodic suffrage.
Article 30.
Competence
1-Compete to the national jurisdictional council:
a) Ensure compliance with the law, this Statute and the internal regulations
CHAIR OF THE COUNCIL OF MINISTERS
29
on the part of the organs of the Order and the titular respects.
b) Instruct and judge the disciplinary processes in which the members are to be argued
they exercise or exercise positions in the national or regional bodies provided for in the
points a ) a and ) of paragraph 2 and in Article 15 (3);
c) Instruct and judge the review and rehabilitation processes;
d) To appreciate and decide the interposed resources of the decisions of the boards
regional jurisdictional as well as issuing the opinions that are requested by it
by the national bodies;
e) Pronount beforehand on the legal or statutory compliance of the
referendums.
2-A the competence provided for in the b ) of the previous number, concerning the assemblies
general and regional, only covers members of the respective desks.
3-The national court board shall communicate to the national direction the deliberations
taken, for the due effects.
Article 31.
Feature
Of the deliberations handed down by the board rests with the courts, on the terms
general.
SECTION VI
National tax council
Article 32.
Composition
1-The national tax council consists of the three presidents of the tax councils
regional, being the president chosen by and from among them.
2-The national tax council also includes an official reviewer of accounts, to be designated by
CHAIR OF THE COUNCIL OF MINISTERS
30
national direction.
Article 33.
Competence
It competes with the national tax council:
a) Issue opinion on the annual accounts to be submitted by the national direction to the
general assembly and present to the national direction the suggestions you understand
convenient;
b) Pronouns on the opinions of the regional tax councils submitted to the
respects regional assembly and introduce you to suggestions you understand
convenient;
c) Consult any documents that entid revenue and expenses of the Order, well
as the documents authorizing them:
d) Approve your regiment.
SECTION VII
Colleges of specialty
Article 34.
Definition
1-The specialty colleges congregate the qualified pharmacists in the different
specialties.
2-Are recognized the specialties of pharmaceutical industry, from clinical analysis, from
hospital pharmacy, regulatory affairs, community pharmacy, genetics
human, of clinical pharmacology, of pharmaceutical distribution, of radiopharmacy and of
marketing pharmacist.
CHAIR OF THE COUNCIL OF MINISTERS
31
3-There are so many colleges as many as specialties.
4-Each specialty college is directed by a specialty board.
5-Within the scope of the colleges of specialties can be created sections of
subspecialties.
Article 35.
Recognition of specialties
1-Without prejudice to the specialties mentioned in Article 34 (2), where the
national direction recognize the existence of a significant number of pharmacists
that exhibited, by their technical differentiation, a set of common characteristics, can
the national direction to propose to the member of the Government responsible for the area of health a
creation of a new specialty and the high school respects.
2-A The assignment of the expert title competes in the national direction and depends on the
internship and evaluation frequency at the end of the internship, in the terms foreseen
in the speciality regulation, which is the object of approval by the member of the
Government that exercises the powers of guardian.
3-The recognition of the professional experience may allow the national direction,
after advice from the college of specialty, dispense the candidates to the experts of the
requirements set out in the preceding paragraph, in the terms provided for in the regulation of
specialties.
4-Whenever a new specialty college is created, the national direction appoints
an installer commission consisting of a president and three vowels, with the mission of
draw up the regulation bulkhead, from proposing to the direction of the assignment of the securities of
specialist, as well as to organize and proceed to the elections of the board of the college of
specialty in the time frame that is fixed to it.
5-For the purposes of admission and access in the Public Administration, the State acknowledges, in
terms to be regulated, the validity of the securities assigned by the Order.
CHAIR OF THE COUNCIL OF MINISTERS
32
Article 36.
Composition
1-Each college is directed by a specialty board, consisting of a
president and by two to six secretaries.
2-The specialty board is elected by universal suffrage, direct, periodic secret
by the members of the specialty college, the respective term being the three-year term.
3-In his absences, impediments and vacancy of office, the President is replaced by
a secretary, to be designated by the remaining members of the specialty board.
4-A The constitution of the specialty boards shall take into account, as far as possible,
the representativeness in the respects regional sections.
Article 37.
Inscription
1-A enrollment in the specialty colleges of the Order is required from the national direction, which,
under proposal of the respective specialty board of specialty, appoints a jury to appreciate the
application for enrollment.
2-The rules of the internship referred to in Article 35 (2), as well as the criteria and the
evidence of assessment by the jury is drawn up by the board of specialty and proposals
to the national direction, which, proposes its approval to the general assembly, pursuant to the
provisions of the paragraph f) of paragraph 1 of the article. 22.
Article 38.
Competence
Compete for the specialty boards:
a) To promote the narrowing of scientific and professional relations, at the national level
and international;
CHAIR OF THE COUNCIL OF MINISTERS
33
b) To ensure the technical valorisation and promotion of specialists;
c) Ensure the permanent professional qualification of specialists;
d) To propose to the national direction the juries of the candidates to the specialties;
e) Giving opinions to the national direction;
f) Present to the national direction anteprojects of regulations on specialties and
subspecialties.
SECTION VIII
Regional assembly
Article 39.
Composition
The regional assembly shall consist of all members enrolled in respect of section
regional.
Article 40.
Table
The table of the regional assembly consists of a president and two secretaries, elected
by universal, direct, secret and periodic suffrage of the members inscribed on the respect
section.
Article 41.
Competence
It competes with the regional assembly:
a) Appreciate and vote on the report, accounts and budget of the regional direction;
b) Deliberating on matters of a regional scope;
CHAIR OF THE COUNCIL OF MINISTERS
34
c) Discussing and voting motions on any matters relating to the exercise of the
pharmaceutical profession and the acting of the Order and of its governing bodies;
d) Organize the electoral procedure and proceed to the election of the regional direction, well
as from the members of your own desk;
e) Proceed to the election of the delegates to the general meeting;
f) Organizing the electoral procedure for the members of the Order, at the national level;
g) Approve your regiment.
Article 42.
Health
1-The ordinary meetings of the regional assembly are intended for the appreciation and voting of the
subjects set out in paragraph a) of the previous article, as well as any other subject
of relevant regional interest to the members of the Order.
2-Whenever the urgency of the issues to be discussed and to decide the justices, they may be
convened extraordinary meetings of the regional assembly.
3-The meetings of the regional assembly are convened, with the minimum advance of
five days, by the president of the table, on his initiative, at the request of the respect directorate
regional, by a minimum of 5% of the members enrolled in the regional section,
by the president of the general assembly or at the request of the national direction.
4-The meetings required by the members do not take place without the presence of at least the
two thirds of the applicants from the convenor.
5-A convocation is made by means of advertisements, of which it is the order of proceedings,
published in a leading journal of major circulation and one of regional circulation.
SECTION IX
CHAIR OF THE COUNCIL OF MINISTERS
35
Regional direction
Article 43.
Composition
1-There is a regional direction in each regional section.
2-A The regional direction consists of the President and a minimum of two and a maximum
of four vowels, elected by the regional assembly of each section.
3-In his absences, impediments and vacancy of office, the President is replaced by
vowel to be designated by the members of the regional direction.
Article 44.
Health
The regional direction meets, ordinarily, once a month or when it is convened by the
your president.
Article 45.
Competence
It competes in the regional direction:
a) Drive the activity of the Order at the regional level;
b) To comply with the decisions of general and regional assemblies and instructions and
directives of the national direction;
c) Decide, by delegation of the national direction, on the admission of new members;
d) Keep up to date the framework of pharmacists enrolled in the respect section
regional;
e) Collect the quotas and other revenue to be sent to the national direction;
f) Comply with and enforce the budget approved by the regional assembly;
g) Give the opinions and information requested by the bastonary, by the
CHAIR OF THE COUNCIL OF MINISTERS
36
national direction and pharmacists enrolled in respect of regional section;
h) Sending you passing certificates or providing information, in harmony with the Code of the
Administrative Procedure;
i) Elaborate and present to the regional assembly, at its ordinary meeting, the report,
annual accounts and budget;
j) Give support to members of the colleges enrolled in the respective regional section and the
other structures of the Order;
k) Exercise the activities and practice the acts necessary for the pursuit of the purposes of the
Order, in harmony with the provisions of this Statute, with the deliberations
of the general and regional assemblies and with the directions and directives of the direction
national;
l) Approve your regiment.
SECTION X
Regional jurisdictional council
Article 46.
Composition
The regional jurisdictional board is the disciplinary body constituted by the President and a
minimum of two and a maximum of four vowels, elected by universal suffrage, direct,
secret and periodical of the members enrolled in the regional section's respect.
Article 47.
CHAIR OF THE COUNCIL OF MINISTERS
37
Competence
1-Compete to the regional jurisdictional council to instruct and decide the disciplinary proceedings
relating to pharmacists enrolled in respect of regional section, with the exception of those which
are the sole jurisdiction of the national court council.
2-The deliberations taken by the regional jurisdictional councils must be by these
communicated to the respective regional directions, for the due effects.
SECTION XI
Regional tax council
Article 48.
Composition
The regional tax council consists of a president and two vowels, elected by
universal and direct suffrage.
Article 49.
Competence
It is incumbent on the regional tax council to examine and give advice on the annual accounts to
present by the regional direction to the regional assembly and present to the regional direction the
suggestions that understand convenient.
SECTION XII
Regional delegations
Article 50.
CHAIR OF THE COUNCIL OF MINISTERS
38
Composition
In the autonomous regions of the Azores and Madeira there is a regional delegation, composed
by pharmacists who reside or exercise their profession in each autonomous region,
regardless of the regional section where the same are enrolled.
Article 51.
Regional plenary
The regional plenary is composed of all the members enrolled in the respective delegation
regional and exercises, with respect to the regional delegation, with the necessary adaptations, the
competence of regional assemblies.
Article 52.
Regional delegate
1-A The regional delegation is directed by the regional delegate, elected by universal suffrage,
direct, secret and periodic of the members enrolled in the respected regional delegation.
2-Can elect and be elected the pharmacists who reside in or exercise their profession in the
Autonomous Region to which the election respects.
3-The regional delegate may appoint advisors from among the pharmacists who reside or
to exercise their profession in the respect of autonomous region.
4-The regional delegate is, by inertia, delegated to the general assembly.
5-In the cases of fair impediment, the regional delegate may make himself replaced by a
another member of the regional delegation respect.
6-The regional delegate shall collaborate with the other organs of the Order relatively to
issues that relate to the respective Autonomous Region, as well as provide support
and assistance to members of the Order who in it will exercise their professional activity,
regardless of the regional section where the same ones are enrolled.
CHAPTER IV
CHAIR OF THE COUNCIL OF MINISTERS
39
Elections and referendum
SECTION I
Elections
Article 53.
Elections
1-A The election of national and regional bodies is held on the same day and during the same
period in the entire national territory, there are mandatorily voting tables in the
sedes of the regional sections and regional delegations for all the bodies to be elected.
2-In the exercise of the right to vote, regardless of the way in which this is exercised in the
Terms of Article 16 (2), the secrecy inherent in the act shall be safeguarded.
Article 54.
Election to the general assembly
1-Where a meeting of the general meeting is convened, the delegates of the sections
regional are elected, from among its members, by the respected regional assemblies,
conducted at the minimum of five days in relation to the date scheduled for
meeting of that assembly.
2-A The election of the delegates is preceded by the appreciation and discussion of the constant subjects
of the order of proceedings of the general assembly.
3-A election to the delegates of the general assembly is effected according to the system
proportional according to the method of Hondt .
4-No candidate can integrate more than one list.
Article 55.
From the electoral act
CHAIR OF THE COUNCIL OF MINISTERS
40
The electoral act of the various bodies is governed by the electoral regulation and that of the colleges of
specialty by the respected regulations.
SECTION II
Referendum
Article 56.
Referendum
When there are questions of relevant interest to the Order, this may be called upon
pronounce on them through referendum.
Article 57.
Object
They are excluded from the referendum which relate to mandatory provisions of the law or
of this Statute.
Article 58.
Initiative
1-A The initiative of the referendum rests with the president of the general meeting's desk, at the request of the
national direction or of at least 20% of the effective members of the Order, of which the
number of enrolled in any section may not be more than two-thirds of the number
total of the signatories.
2-Irrespective of the provisions of the preceding paragraph, the national court
should pronounce on the legality of the referendum.
Article 59.
Scope
CHAIR OF THE COUNCIL OF MINISTERS
41
1-Each referendum falls on one matter, and the issues should be formulated in
terms of yes or no, with objectivity, clarity and accuracy.
2-No matter submitted to the referendum may behave more than three questions which,
in turn, they may not be preceded by any recitals, preambles or
explanatory notes.
Article 60.
Convocation
No referendums can be called in the three months prior to the elections in the Order and
until the taking of possession of the national or regional bodies, with the exception of colleges of
specialty.
Article 61.
Budget cabling
The referendum cannot involve increase in expenditure or decrease in constant revenues
of the approved budget.
CHAPTER V
Labour, patrimonial and financial regime
Article 62.
Labour regime
1-The workers of the Order shall apply for the scheme provided for in the Labour Code and the
willing in the following numbers.
2-A The conclusion of the employment contract shall be preceded by a selection process which
CHAIR OF THE COUNCIL OF MINISTERS
42
comply with the principles of equality, transparency, advertising and the
rationale based on objective criteria.
3-The rules to which you must obey the selection process are the object of internal regulation.
Article 63.
Monthly quota
1-After enrollment, the member is obliged to contribute to the Order with the monthly quota
which is fixed by deliberation of the general assembly, under proposal of the national direction.
2-A national direction, upon reasoned proposal of the regional direction, may exempt
temporarily from the payment of quotas the members who find themselves in a situation
that justifies such an exemption.
3-A Order may charge fees for the provision of services, specifically by the elaboration
of documents, reports or opinions that are requested to you, provided that it is not
legally obliged to provide such services at no cost to the applicant.
Article 64.
Recipes of the Order
1-Constitutions revenue of the Order:
a) Quotas and fees paid by members;
b) Any subsidies or donations;
c) Donations, inheritances or legacies that come to be instituted to their benefit;
d) The product of fines applied to members, in the follow up process
discipline;
e) The fees charged for the provision of services and income from other activities;
f) Other revenue from own goods, specifically income from movable property and
real estate of the Order.
CHAIR OF THE COUNCIL OF MINISTERS
43
2-The amount of quotas and too much fees, provided for previous number, as well as the respect
launch procedure, settlement and collection procedure, are set out in regulation
approved by the general meeting, by an absolute majority, upon reasoned proposal
of the national direction, observed the substantive requirements set out in the general law on the
fees and other contributions from the Public Administration.
3-In the setting of the amount of the monthly quota, the general meeting may provide for criteria
goals that allow to differentiate the amount to be paid by taking into account,
in particular, the years of service of the profession or the fact that it is a member
individual or collective.
Article 65.
Revenue of the organs of the Order
1-A national direction decides the share of revenue coming from the quotas that revert to the
regional direction.
2-A Regional section assigns regional delegations the necessary revenue to their
health.
3-In cases of insufficiency of the revenue of a regional delegation, may the Assembly
Regional of the South and Islands, by proposal of the regional delegation respecting, to set a quota
supplementary, intended solely for the expenditure of the regional respecting delegation,
applying, with the necessary adaptations, the provisions of the paragraph and ) of the Article 1 (1)
22.
Article 66.
Expenses for travel
Each regional section bears the travel and stay expenses of the delegates to the
general assembly.
CHAIR OF THE COUNCIL OF MINISTERS
44
CHAPTER II
Tutelage, jurisdictional control and criminal liability
SECTION I
Tutela
Article 67.
Tutela
The powers of administrative tutelage on the Order, in accordance with the provisions of the
article 45 of Law No 2/2013 of January 10 and of this Statute shall be exercised by the
member of the Government responsible for the area of health.
SECTION II
Judicial control
Article 68.
Administrative litigation
1-The decisions of the Order practiced in the exercise of public powers are subject to the
administrative litigation in the terms of the laws of the administrative procedure.
2-Have legitimacy to impugt the legality of the acts and regulations of the Order, the
interested, the Public Prosecutor's Office, the member of the Government of the tutelage on the Order and the
Provider of Justice.
Article 69.
Court of Auditors
CHAIR OF THE COUNCIL OF MINISTERS
45
The Order is subject to the jurisdiction of the Court of Auditors, pursuant to the Act
of Organization and Process and in the General Rules of that Court.
Article 70.
Reports
1-A Order elabates annually a report on the pursuit of its tasks, the
which shall be submitted to the Assembly of the Republic and to the Government, by March 31 of
each year.
2-A Order must still render to the organs of sovereignty referred to in the preceding paragraph
the information you are asked for in respect of the exercise of your assignments.
3-The bastonary must still correspond to the request of parliamentary committees
competent to provide you with the information and clarifications that these will require.
SECTION III
Criminal responsibility
Article 71.
Criminal procedure
The Order may constitute an assistant in the criminal proceedings relating to the exercise
of the pharmaceutical profession or with the performance of positions in their organs, save when
treat yourself to facts that involve disciplinary responsibility.
CHAPTER III
Exercise of pharmaceutical activity
SECTION I
From professional skills
Article 72.
CHAIR OF THE COUNCIL OF MINISTERS
46
Of pharmacists
1-For the purpose of applying this Statute, they consider themselves to be pharmaceutical all
members enrolled in the Order.
2-The pharmacists are bound by the performance of the duties resulting from the
your enrollment in the Order, whatever the scope or the modality of the exercise
professional in which they are implicated.
Article 73.
Nature of the profession
1-The pharmacist, as a health service provider, exercises a free profession.
2-Want as a liberal professional want as a worker on a listening account, the
pharmaceutical carries out its functions with whole technical, scientific and
deontological.
Article 74.
From the pharmaceutical act
1-The pharmaceutical act is the sole competence and responsibility of pharmacists.
2-The provisions of the preceding paragraph shall not apply to the veterinary medicinal product.
Article 75.
Content
Integrate the pharmaceutical act content the following activities:
a) Development and preparation of pharmaceutical forms of medicinal products;
b) Registration, manufacture and control of human and veterinary medicinal products and of the
medical devices;
CHAIR OF THE COUNCIL OF MINISTERS
47
c) Quality control of medicines and medical devices in
quality control laboratory of medicines and medical devices;
d) Storage, conservation and wholesale distribution of the use medications
human and veterinary, from medical devices;
e) Preparation, control, selection, acquisition, storage and dispensation of the
human and veterinary medicinal products and medical devices in
pharmacies open to the public, hospital pharmaceuticals and services
privately owned pharmacists of any other public and private entities, without
loss of the distribution regime to the public of non-subject medicinal products
medical prescription outside of pharmacies, pursuant to the respective legislation;
f) Preparation of antisetic solutions, disinfectants and intravenous mixtures;
g) Interpretation and evaluation of medical prescriptions;
h) Information and consultation on human and veterinary medicinal products,
medical devices, subject and not subject to medical prescription, along with
health professionals and patients, so as to promote their correct use;
i) Monitoring, monitoring and monitoring of the distribution, dispensation and use of
human and veterinary medicinal products, from medical devices;
j) Monitoring of pharmacare, including the determination of parameters
pharmacokinetics and the establishment of individualized posological schemes;
k) Harvesting of biological products, execution and interpretation of clinical analyses and
determination of Serb levels;
l) Execution, interpretation and validation of toxicological, hydrological analysis, and
bromatological;
CHAIR OF THE COUNCIL OF MINISTERS
48
m) All acts or functions directly linked to the activities described in the (
previous.
Article 76.
Acts of an analogous nature
Any others who, by their nature, may still be considered as pharmaceutical acts
require specialization in any of the areas of pharmaceutical intervention, while
related or complementary activities.
SECTION II
Professional deontology
Article 77.
General principle
The exercise of pharmaceutical activity is aimed at the essential goal of the citizen in general and the
sick in particular.
Article 78.
General principles of professional conduct
1-The pharmacist is a health agent, by complying with you carry out all the relative tasks
to medicinal products, clinical analyses or analyses of other nature that are
susceptible to contributing to the safeguarding of public health, as well as the actions of
education addressed to the community in the scope of health promotion and prevention of
disease.
2-In the exercise of your profession, the pharmacist must always present the high degree
of responsibility that the same discloses, the ethical duty to exercise it with the greatest
CHAIR OF THE COUNCIL OF MINISTERS
49
diligence, zeal and competence and shall contribute to the achievement of the objectives of the
health policy.
3-A The first and main responsibility of the pharmacist is for health and good-
be of the patient and the citizen in general, and should privilege the well being of these in
to the detriment of your personal or commercial interests and to promote the right of access to
a treatment with quality, efficacy and safety.
4-In the exercise of his profession, the pharmacist shall be pauper by the strict respect of the
deontological standards, sensing you vedado:
a) Establish collusion with third parties;
b) Consenting to the provision of medicines without the direct intervention of the
pharmacist or his collaborators;
c) Practise susceptible acts of causing damage to third parties;
d) Collaborate with entities that do not ensure the necessary independence in the
exercise of your activity as a free professional;
e) Dismissing products that are not scientific and technically proven or not
registered in the official services;
f) Practise acts contrary to professional ethics that can influence free choice
of the utent.
5-pharmacists should promote the permanent update of their knowledge,
particularly through the frequency of professional qualification actions.
Article 79.
Rights
They are the rights of the pharmacist, among others:
a) To exercise the pharmaceutical profession in the national territory;
b) Elect and be elected or assigned to positions of the Order and as a delegate to the
CHAIR OF THE COUNCIL OF MINISTERS
50
general assembly, in harmony with this Statute;
c) Require the convening of assemblies pursuant to this Statute;
d) Present the proposals that judge from collective interest;
e) Complain about the acts that you consider lesive of your rights and report it to the same
direction any infractions to this Statute committed by the holders of the
organs of the Order in the performance of their duties;
f) Appreciate in the assemblies the acts of the regional directions or the national direction and
submit to the vote motions of censorship to the same bodies;
g) Have access to the minutes of the general and regional assemblies as well as the plenaries;
h) Soliciting and obtaining the intervention of the Order in the defence of your rights and legitimate
interests.
Article 80.
General duty
The pharmacist must, in all circumstances, even outside the exercise of his or her activity
professional, proceed in such a way as to prestigious the good name and dignity of the profession
pharmaceutical.
Article 81.
Special duties to the Order
1-It is the duty of the pharmacist to the scrupulous observance of the rules enshrined in the
present Statute.
2-Are special duties of the pharmacist:
a) Comply with the laws and regulations that concern you;
b) Provide effective collaboration to all initiatives that prestigious the Order;
c) To exercise the posts so that you are elected, save in cases of justified impediment;
CHAIR OF THE COUNCIL OF MINISTERS
51
d) To comply with and enforce the legitimate deliberations of the organs of the Order;
e) Pay the quotas punctually and bear the regulatory burdens.
f) Keep the Order informed about all changes to your residence and activity
professional, without prejudice to equal procedure for the official entities,
in accordance with the law;
g) Attend professional qualification actions, to be promoted by the Order or by this
recognized, in the terms to be fixed in the qualification regulation.
Article 82.
Relationship with colleagues and other health professionals
1-The pharmacist must treat with urbanity all I get to work with any
level.
2-The pharmacist must collaborate in the scientific and technical preparation of his colleagues,
by providing them with all the information necessary to their activity and to their
improvement.
3-pharmacists must keep among themselves a correct professional relationship,
avoiding attitudes contrary to the spirit of solidarity, loyalty and mutual aid and the
ethical values of your profession.
4-In the exercise of its activity, the pharmacist shall, without prejudice to its independence,
maintain the most correct relationships with the other health professionals.
Article 83.
Duty of collaboration in teaching
1-The pharmacist must collaborate, within the framework of his / her competences and in the measure of his / her
possibilities, with the pharmaceutical education institutions and others in the realization of
pre-graduation, postgraduate and specialization internships, committing to
CHAIR OF THE COUNCIL OF MINISTERS
52
to provide the trainee with a suitable practical and integrated instruction in the activities
pharmaceutical, consolidating, through the example, the ethical and the ethical deontology of the
pharmaceutical profession.
2-The pharmacist must still collaborate with the pharmaceutical education institutions in the
continuing education, postgraduate and socio-professional valorization actions.
Article 84.
Objection of conscience
The pharmacist may exercise his right to the objection of conscience, provided that with this
do not endanger the health or the life of the patient.
Article 85.
Professional secrecy
1-pharmacists are obliged to professional secrecy concerning all the facts of which
have knowledge in the exercise of your profession, with the exception of situations
provided for in the law.
2-The duty of professional secrecy subsists after the cessation of professional activity.
3-For the guarantee of professional secrecy, pharmacists, in the exercise of their activity,
must behave in such a way as to prevent third parties from becoming aware of the information
relating to the clinical situation of the patient.
4-Professional secrecy obliges pharmacists to refrain from mentioning or commenting
facts that may violate the privacy of the patient, specifically those relating to
with the respected state of health.
5-A The obligation of professional secrecy does not prevent the pharmacist from taking the precautions
necessary or participate in the indispensable measures to safeguard the life and health of the
CHAIR OF THE COUNCIL OF MINISTERS
53
people who cohabitaate or deprive them of the patient.
6-When notified as a witness in process that involves a patient or
third party, the pharmacist may refuse to provide statements that constitute matter
of professional secrecy, unless duly authorized to do so by the bastonary.
Article 86.
Information and advertising of medicinal products
All information and advertising of medicines and other health products should be
true and complete, cabling to the pharmacist responsible for the preparation, distribution,
dispensation, information and surveillance of medicinal products to ensure that the information
provided are based on proven scientific data, not omitting the aspets
relevant efficacy and safety for the correct use of these products.
Article 87.
Advertising of professional activity
Advertising is permitted under the law and the deontological rules applicable to the
pharmacists, observing the provisions of Article 32 of Law No 2/2013 of January.
Article 88.
Development of the deontological rules
The deontological rules of pharmacists are object of development in code
deontological, to be approved by the general assembly, on a proposal from the national direction.
Article 89.
Accumulation and impediments
1-The pharmacist can only exercise another activity in accumulation scheme, in cases and
situations expressly provided for in the law.
2-The pharmacist is vected to collaborate with any entity, singular or collective,
CHAIR OF THE COUNCIL OF MINISTERS
54
public or private, whenever such collaboration can result in violation of laws and
regulations governing the exercise and the legitimate interests of the pharmaceutical profession.
CHAPTER V
Disciplinary responsibility
SECTION I
Disciplinary regime
SUBSECTION I
General provisions
Article 90.
Disciplinary infraction
1-It is considered to be infringing all action or omission that consists in violation, by
any member of the Order, of the duties laid down in law, in this Statute or
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.
CHAIR OF THE COUNCIL OF MINISTERS
55
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 91.
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 remains subject to power
discipline of the Order.
3-A suspension or cancellation of enrollment does not cease to cease liability
discipline for infractions previously practiced by the Member of the Order as such.
4-A The punishment with the sanction of expulsion does not stop the disciplinary responsibility of the
associated with respect to the infractions by him committed prior to the definitive decision that the
has applied.
Article 92.
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
CHAIR OF THE COUNCIL OF MINISTERS
56
time in which, by force of jurisdictional decision or jurisdictional assessment of
any question, the march of the corresponding process cannot begin or
continue to take place.
4-A The suspension of the disciplinary procedure, in the terms of the preceding paragraph, is communicated by the
Order to the competent judicial authority, to which you must order the consignment to the Order of
copy of the order dispatch and, if it there is place, of the pronunciation dispatch.
5-Elapsed the deadline set in accordance with paragraph 3 without the matter having been resolved, the
question is decided in the disciplinary process.
6-Where, in criminal proceedings against Member of the Order, it is designated day for the
trial hearing, the court must order the referral to the Order, preferably
by electronicity, from the order of charge, the dispatch of pronunciation and the
contestation, if it has been presented, as well as any other elements
requested by the direction or the bastonary.
7-A disciplinary 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 93.
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 pursuant to 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 Laws 41/2012,
CHAIR OF THE COUNCIL OF MINISTERS
57
of August 28, and 25/2014, of May 2, with the specificities set out in paragraph 9 of the
article 101 and the disciplinary regulation.
Article 94.
Prescription
1-The right to institute the disciplinary procedure prescribes within five years, to be counted
of the practice of the act, or of the last act in case of continued practice.
2-If the disciplinary infraction constitutes simultaneously criminal infraction for which the law
establish prescription subject to longer term, the disciplinary procedure only
prescribe after the course of this last term.
3-The limitation period of the disciplinary procedure runs from the day on which the fact is
has consummated.
4-The limitation period only runs:
a) In the instantaneous infractions, from the time of its practice;
b) In the continuing infractions, since the day of the practice of the last act;
c) In the permanent infractions, from the day on which to cease consummation.
5-The disciplinary procedure also prescribes if, since the knowledge by the organ
competent for the establishment of the disciplinary procedure or the participation effected in the
terms of Article 98 (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 limitation period of the disciplinary procedure shall interrupt with the notification to the
argued:
CHAIR OF THE COUNCIL OF MINISTERS
58
a) Of the establishment of the same;
b) From the prosecution.
SUBSECTION II
From the exercise of disciplinary action
Article 95.
Exercise of disciplinary action
1-Have legitimacy to participate in the Order facts susceptible to constituting infringement
discipline:
a) Any person directly or indirectly affected by these;
b) The bastonary;
c) The national direction;
d) The Public Prosecutor's Office, pursuant to paragraph 3.
2-Courts and any other authorities shall give notice to the Order of the
practice, by associates of this, 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 96.
Desistance of participation
The dismissal of the disciplinary participation by the participant extinguishes the disciplinary procedure,
unless the imputed infraction affects the dignity of the associated associate and, in this case, this
express an intention that the process will proceed, or the prestige of the Order or profession,
in any of their specialties.
CHAIR OF THE COUNCIL OF MINISTERS
59
Article 97.
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 embedding associate's disciplinary infraction, communicates, immediately, the
facts to the competent body for the establishment of disciplinary proceedings.
2-When it concludes that participation is unfounded, it becomes aware of the
associated visage and are issued the certificates that the same understands necessary for the
tutelage of your legitimate rights and interests.
Article 98.
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 99.
Subsidiary law
Without prejudice to the provisions of this Statute, the disciplinary procedure shall be governed by the
provisions of the disciplinary regulation, being subsidiary to the standards
procedurs provided for in the General Labor Law in Public Functions, passed by the Law
n. 35/2014, of June 20.
CHAIR OF THE COUNCIL OF MINISTERS
60
SUBSECTION III
Application of disciplinary sanctions
Article 100.
Application of disciplinary sanctions
1-The disciplinary sanctions are as follows:
a) Warning;
b) Repreension registered;
c) Variable fine between the minimum and maximum limits provided for in the general scheme of
counterordinations, approved by the Decree-Law No. 433/82 of October 27,
changed by Decrees-Laws n. ºs 356/89, of October 17, 244/95, of 14 of
september, and 323/2001, of December 17, and by Law No. 109/2001, 24 of
December;
d) Suspension up to 15 years;
e) Expulsion.
2-A warning sanction is applied to light falters in the exercise of the profession of the members
of the Order.
3-A The sanction of registered reprimand is applicable to light falters in the exercise of the profession of the
members of the Order to which, in the reason of the defendant's guilt, do not fall mere warning.
4-A penalty of fine is applicable in cases of gross negligence that is attested against the
dignity of the exercise of the profession of a pharmacist
5-A suspension sanction is applicable in cases of very serious negligence that attest
against the dignity of the exercise of the profession of a pharmacist.
CHAIR OF THE COUNCIL OF MINISTERS
61
6-A suspension sanction may still be applied to cases of culpable default of the
duty to pay the quotas for a period longer than 12 months.
7-In the cases provided for in the preceding paragraph, voluntary payment of the shares in debt
determines the impossibility of the application of the sanction of suspension or, in the case of the
same has already been applied, its extinction.
8-A The expulsion sanction is applicable to very serious falles that affect in such a way the
dignity and professional prestige, which will definitely make the exercise of the
professional activity in question, taking into account the nature of the profession, the infraction
discipline is serious and has put into cause life, physical integrity of people or
is seriously lesive of the honour or of the alheian heritage or of equivalent values,
without prejudice to the right to rehabilitation.
9-In the case of professionals in regime of free provision of services in territory
national, the penalties provided for in paragraphs 5 a to 8 assume the form of temporary interdiction
or definitive of the exercise of the professional activity in this territory, depending on the cases.
10-A The application of more serious penalty than that of reprimand registered the associate who
exercise some office in the organs of the Order determines the immediate ousting of that office,
without dependence on deliberation of the representative assembly in this direction.
11-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 101.
Graduation
1-In the application of the sanctions must be met with professional and disciplinary background
CHAIR OF THE COUNCIL OF MINISTERS
62
of the accused, the degree of guilt, the gravity and the consequences of the infraction, the situation
economic of the accused and to all the other aggravating or mitigating circumstances.
2-Are mitigating circumstances:
a) The effective exercise of professional activity for a period of more than five
years, followed or interpolated, without any disciplinary penalty;
b) The spontaneous confession of the infraction or infractions;
c) The collaboration of the accused for the discovery of the truth;
d) The remediation of damage caused by the lesive conduct.
3-Are aggravating circumstances:
a) Premeditation in the practice of the infraction and the preparation thereof;
b) The collusion;
c) The recidivism, considering itself as such the practice of infraction before the
deadline of five years after the day on which the conviction for
previous infraction commitment;
d) The accumulation of infractions, whenever two or more infractions are committed
at the same time or when another is committed before it has been punished to
previous;
e) The fact that the infraction or infractions are committed during the performance of
disciplinary sanction or in the course of the period of suspension of disciplinary penalty;
f) The production of considerable value damage, understanding itself as such whenever
exceeds the value of half of the remit of the courts of the relationship.
Article 102.
Unity and accumulation of infractions
It cannot be applied to the Member of the Order more than a disciplinary sanction for each
fact punishable.
CHAIR OF THE COUNCIL OF MINISTERS
63
Article 103.
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-Cessa the suspension of the sanction whenever, in respect of the punished member, be
prowound final decision of conviction in new disciplinary process.
Article 104.
Implementation of sanctions
1-Compete for national direction to give execution to 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 at the headquarters of the Order or the regional delegation in which the accused has his /
professional domicile, in the applicable cases.
Article 105.
Start of production of effects of disciplinary sanctions
1-A The production of effects of disciplinary sanctions on the day after the one in which the decision
become definitive.
2-If, on the date on which the decision becomes final, the inscription of the accused is suspended,
CHAIR OF THE COUNCIL OF MINISTERS
64
compliance with the disciplinary penalty of suspension commencement the day after that of the
lifting of the suspension.
Article 106.
Deadline for payment of the fine penalties
1-The fines imposed under the terms of the paragraph c ) of Article 100 (1) shall be paid in the
period of 30 days, counting from the beginning of the production of effects of the sanction.
2-To the associate who does not pay the fine within the period 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 107.
Communication and advertising
1-A The application of the penalties provided for in points b ) a and ) of Article 101 (1) is
communicated by the national direction to the society of professionals or organization
associative on account of which the accused was providing services at the date of the facts and the authority
competent in another Member State of the European Union or the Economic Area
European for the control of the activity of the accused established in that same
Member State.
2-A The application of suspension or expulsion sanctions can only take place preceding
public hearing, unless otherwise missing from the defendant in the terms of the disciplinary regulation.
3-The penalties provided for in the paragraphs d ) and and ) of Article 101 (1) is given publicity
through the official website of the Order and in places deemed to be of idogens for compliance
of the general prevention purposes of the legal system.
4-A The publicity of disciplinary sanctions and preventive suspension is promoted by the
CHAIR OF THE COUNCIL OF MINISTERS
65
disciplinarily competent body, being carried out at the expense of the accused.
5-Without prejudice to the provisions of the preceding paragraph, the Order restitutes the amount paid by the
argued to give publicity to your preventative suspension, whenever this one does not come to
be sentenced in the context of the respective disciplinary procedure.
Article 108.
Prescription of disciplinary sanctions
Disciplinary sanctions prescribe in the following deadlines, counted from the date on which the
decision has become unimpeachable:
a) Two years, those of warning and reprimand registered;
b) Four years, that of a fine;
c) Five years, those of suspension and expulsion.
Article 109.
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 conviction of a member of the Order in criminal proceedings is communicated to the Order
for effects of averaging to the enrollment respect.
SUBSECTION IV
From the process
Article 110.
Compulsion
CHAIR OF THE COUNCIL OF MINISTERS
66
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 111.
Forms of the process
1-A disciplinary action carries the following forms:
a) Process of inquiry;
b) Disciplinary process.
2-The inquiry process is applicable when it is not possible to clearly identify the
existence of a disciplinary infraction or the infringing respect, imposing itself on
of summary representations for the clarification or realization of the facts in question.
3-Applies to the disciplinary process whenever there are indications that it is determined
member of the Order practiced properly realized facts, susceptible to constituting
disciplinary infraction.
Article 112.
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:
a) Instruction;
b) Defence of the accused;
c) Decision;
d) Execution.
3-Regardless of the phase of the disciplinary procedure, they are assured to the accused all the
guarantees of defence in the general terms of law.
CHAIR OF THE COUNCIL OF MINISTERS
67
Article 113.
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 a qualified majority of two thirds of the members present of the competent body of the
Order.
2-A suspension referred to in the preceding paragraph shall only be enacted in cases where
there are indications of the practice of disciplinary infraction to which it corresponds to one of the sanctions
provided for in points d) and and ) of Article 101 (1).
3-A preventive suspension may not exceed three months and is always discounted in the sanction
of suspension.
Article 114.
Secret nature of the process
1-The process is of a secret nature until the dispatch of prosecution or the filing.
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.
3-The defendants or the interested, when member of the Order, who does not respect nature
secret of the process, incurs disciplinary responsibility.
SUBSECTION V
Of the guarantees
Article 115.
CHAIR OF THE COUNCIL OF MINISTERS
68
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 116.
Review
1-It is permissible to review the final decision delivered by the organs of the Order 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 process finds itself extinct or the sanction prescribed or
fulfilled.
4-The exercise of the right of review provided for in this Article shall be governed by the
applicable provisions of the disciplinary regulation.
Article 117.
CHAIR OF THE COUNCIL OF MINISTERS
69
Rehabilitation
1-In the case of application for sanction of expulsion, the member can be rehabilitated, upon
duly reasoned application directed to the organ of the Order with
disciplinary competence and provided that you cumulatively fill in the following
requirements:
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
it is given the publicity due, pursuant to Article 108, with the necessary
adaptations.
CHAPTER IV
One-stop shop and transparency of information
Article 118.
Exemption from fees
1-Are exempt from the fee the certificates issued by the Order to be covered in the Code
of the Administrative Procedure.
2-A Order may, however, charge fees for documents, reports or opinions which
are requested, provided that you are not legally obliged to provide such services.
Article 119.
Documents and one-stop shop
1-All requests, communications and notifications between the Order and professionals,
CHAIR OF THE COUNCIL OF MINISTERS
70
societies of pharmacists or other associative organizations of professionals for the
exercise of pharmaceutical activity, with the exception of those relating to procedures
disciplars, are carried out by electronic means, through the single electrolytic counter
of the services, referred to in Articles 5 and 6 of the Decree-Law No. 92/2010 of July 26,
accessible via the website of the Order.
2-When, on the grounds of unavailability of the electrolytic platforms, it is not possible
the fulfillment of the provisions of the preceding paragraph, the transmission of the information in
appreciation can be made by delivery on the services of the Order, by shipment by mail under
register, by fax or by electro mail.
3-A presentation of documents in simple form, in the terms of the previous figures,
dispensing the consignment of the original, authentic, authenticated or certified documents,
without prejudice to the provisions of the paragraph a) of paragraph 3 and in paragraphs 4 and 5 of Article 7 of the
Decree-Law No. 92/2010 of July 26.
4-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 120.
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;
CHAIR OF THE COUNCIL OF MINISTERS
71
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 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.
Article 121.
CHAIR OF THE COUNCIL OF MINISTERS
72
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.
ANNEX II
(referred to in Article 5)
Republication of the Decree-Law No. 288/2001 of November 10
