Law No. 74 Of 6 July 1995 Concerning The Profession Of Doctor, The Establishment, Organization And Functioning Of The College Of Physicians From Romania

Original Language Title:  LEGE nr. 74 din 6 iulie 1995 privind exercitarea profesiunii de medic, înfiinţarea, organizarea şi funcţionarea Colegiului Medicilor din România

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Law No. 74 of 6 June 1995 (republished * *) (* updated *) concerning the exercise of the medical profession, the establishment, organization and functioning of the College of physicians from Romania (updated until 11 October 2003 *) ISSUER-PARLAMENTU — — — — — — — — — — *) original text was published in MONITORUL OFICIAL nr. 650 of 12 December 2000. This is the updated form of S.C. "territorial Center of Electronic Computing" until October 11, 2003, with amendments and additions to law No. 495 of 11 July 2002.
*) Republished under art. II of law No. 192 of 6 November 2000 on the modification and completion of the art. 9 of law No. 74/1995 on the medical profession, the establishment, organization and functioning of the College of doctors in Romania, published in the Official Gazette of Romania, part I, no. 560 of 10 November 2000.
Law No. 74 of 6 July 1995 was published in the Official Gazette of Romania, part I, no. 149 of 14 July 1995.


Chapter 1 the medical profession section 1 General provisions Article 1 the medical profession is a right of all individuals, the Romanian citizen or a citizen of a Member State of the European Union, in possession of the diploma of doctor, issued by an educational institution University of Romania, the people according to the law. The medical profession is approved by Romania and College of physicians authorized by the Ministry of health.
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Art. 1 was amended by law No. 495 of 11 July 2002, published in Official Gazette No. 524 of 18 July 2002.


Article 2 of the Medical Profession is aimed at ensuring public health by preventing disease, promoting, maintaining and recovering the health of the individual and the community.


Article 3 (1) in the exercise of that profession, the doctor must prove availability, correctness, devotion and respect for the human being.
  

(2) the physician is not public servant in the exercise of the medical profession, through humanitarian and liberal nature of it.
  


Article 4 (1) Doctor is a graduate of a University medical schools recognized by the law. Professional independence confers the right of initiative of the physician and the medical Act and exercise full responsibility.
  

(2) on completion of the educational institution that the doctor will oath, in accordance with the wording of the oath of his Hippokrates(8), adopted by the World Medical Association in the framework of the Declaration of Geneva in 1975: "once accepted among members of the medical profession: I solemnly pledge to consecrate my life to me in the service of humanity;
I'll keep my teachers the respect and gratitude they are due;
I will exercise the profession with conscience and dignity;
Patients ' health will be for me sacred obligation;
I'll keep the secrets entrusted to the patients even after their death;
I will maintain by all means honor and noble tradition of the profession of doctor;
My colleagues will be my brothers;
I will not suffer you to intervene between my duty and patient considerations of nationality, race, religion, party or social status;
You keep the full respect for human life from its beginning even under threat and I will not use my medical knowledge contrary to the laws of humanity.
Make this oath solemnly, freely, on honor! "


Article 5 (1) the Medical Profession may be exercised by that which meets the following conditions: a) is a citizen or national of a Romanian member of the European Union;
  

b) is licensee of an institution of higher education in accordance with the law;
  

(c)) is not found in any of the cases provided for by the present law nedemnitate;
  

d) is fit, in terms of the medical profession.
  

(2) the Medical Profession may be exercised in Romania and foreign doctors, under the conditions laid down in this law and on the basis of reciprocity established by the conventions to which Romania is a party.
  

(3) Romanian citizens resident Doctors abroad and doctors in a Member State citizens of the European Union, which is engaged in the profession of doctor in Romania, have the same rights and obligations with respect to the exercise of the medical profession, as doctors Romanian citizens, members of the College of physicians from Romania.
  

— — — — — — — — — — — —-a) of paragraph 1. (1) of article 1. 5 amended by law No. 495 of 11 July 2002, published in Official Gazette No. 524 of 18 July 2002.
Paragraphs 1 and 2. (3) art. 5 was introduced by law No. 495 of 11 July 2002, published in Official Gazette No. 524 of 18 July 2002.


Section 2 of article 6 Nedemnitati and incompatibilities Is unworthy of exercising the profession of doctor: a doctor who was) condemned outright, even if it has been rehabilitated, for committing intentional crimes against humanity to a life or in circumstances relating to the medical profession, except those sentenced under Decree No. 770/66 *) regulating the interruption of pregnancy rate;
  

b) whom doctor has applied the death penalty prohibition to profession during established through judicial or disciplinary action.
  

— — — — — — — — — — — — *) Decree No. 770/1966 was repealed by Decree-Law No. 1 of 26 December 1989, published in MONITORUL OFICIAL nr. 4 of 27 December 1989.


Article 7 of the medical profession is incompatible with: a) trade in pharmaceuticals;
  

b) any profession or occupation of the nature of prejudice the dignity of professional doctor or morality;
  

c) health medical profile, improper certified as such by medical certificate issued by the Board of medical expertise and recovering work capacity, according to the law;
  

d) use with good knowledge of medical science at the expense of the patient's health or criminal purposes.
  


Section 3 Authorisation of the free practice of the profession of doctor in article 8 (1) of the medical profession is based on the free practice permit, which is granted by the Ministry of health.
  

(2) acceptance of the free practice of the profession of physician shall be granted based on the following documents: a) diploma issued by an institution of higher education accredited medical, according to the law;
  

b) certificate of criminal record;
  

c) health certificate;
  

d) on the advice of doctors in Romania.
  


Article 9 (1) Doctors are entitled to pension for her hard work and the age limit at the age of 60 years, 65-year-old women and men, except for medical doctors who can stay in business until the age of 65-year-old women and 70 men.
  

(2) teachers, Academics, academic and scientific researchers conferentiarii grade I and II may, upon request, continue the work until the age of 65-year-old women and 70 men. Retention, after the fulfillment of these ages, is done with the opinion of the College Academic Senate doctors in Romania and with the approval of the Ministry of health and Ministry of education, research and youth.
  

(3) the persons referred to in paragraph 1. (1) may require the retirement age of 60 for men and 55 years for years women if it is satisfied that the work as well as other conditions provided for by the law on State social insurance.
  

(4) doctors who have outgrown the ages specified in paragraph 2. (1) and (2) can practise and further, upon request, with free practice permit, granted on an annual basis pursuant to article. 8, but in the private sector.
  

(5) health network Physicians of the State, who have reached the retirement age to 60 years for women and 65 years men-cannot hold administrative positions: director in the Ministry of health, director of the County Health Division, director of the hospital, except at hospitals and at research institutes.
  

(6) the doctors admitted or detained for political reasons, are in the situations referred to in article 1. 1 (1). 1 and 2 of Decree-Law No. 118/1990 concerning granting rights to persons persecuted for political reasons of dictatorship — established with effect from 6 March 1945, and those deported abroad times company formed in prisoners, can be stand out from, upon request, in their professional activity, based on annual health certificate, up to the age of 65-year-old women and 70 men. These provisions shall also apply to doctors who, for political reasons, were forced to interrupt their studies for a certain period, and obtaining a license late or those who were prevented from vocational traning.
  


Article 10 where a doctor interrupts their work for a period exceeding 5 years, Romania College of physicians certify professional competence in order to resume activity, in compliance with the provisions of art. 8 of this law.


Article 11 (1) control and supervision of the medical profession is carried out by the Ministry of health and the College of physicians from Romania.
  

(2) Romania, College of physicians by County Board Chairman, respectively, of the municipality of Bucharest, as well as of the National Council of the College of physicians in Romania, it is entitled to pursue civil action or to refer, where appropriate, judicial bodies and competent authorities for tracking and submitting the judgment of people who appropriates or uses without title or quality of physician that practice in procuring medicine and to set up as civil party or aggrieved party shall, where appropriate, in accordance with the law.
  


Chapter 2

The establishment, organization and functioning of the College of physicians from Romania section 1 General features of article 12 (1) Romania College of physicians is established as a professional organization, non-governmental, legal, apolitical and without patrimonial purpose, representing the interests of the medical profession. Romania College of physicians Act for the development of this profession and its prestige in the context of social life.
  

(2) the College of physicians institutional autonomy and Romania shall exercise their powers without any interference.
  

(3) the College of physicians includes all doctors Romania, Romanian citizens, residing in Romania, authorized to practice the medical profession. Doctors who, on the date of entry into force of this law, are licensed and operate in units of the Ministry of health and other ministries with his own health network, as well as in the private sector, are members of the College of physicians from Romania as from that date.
  

(4) the seat of the College of physicians in Romania is the municipality of Bucharest.
  


Section 2 of the powers of the College of physicians from Romania Article 13 Romania College of physicians has the following powers: to defend the dignity and promotes) the rights and interests of its members in all areas of activity; defend your honor, freedom and independence of medical profession, ensure compliance by physicians has obligations toward the sick and public health;
  

b) ensure the application of laws and regulations that govern the Organization and exercise of that profession;
  

(c)) shall adopt and oversee compliance with the code of medical ethics;
  

d) endorse authorization of free medical practice;
  

e) supports the work of medical scientific research and development and organizes scientific events;
  

f) represents its members in dealing with scientific associations and unions;
  

g) cooperates with the Ministry of health in formation, specialization and improvement of vocational training of doctors;
  

h) draw up, in collaboration with the Ministry of health, the methodology for the granting of professional grade and theme of the contest;
  

I) acts, along with health care institutions, Central and territorial, as in private and public medical establishments (clinics, polyclinics, hospitals) to ensure the quality of the medical act;
  

j) organizes prosecute infringements of rules of professional ethics and medical deontology, as an organ of jurisdiction;
  

k) supports the actions of institutions and assistance provision for public health for doctors and their families;
  

l) promotes relationships externally with organizations and similar formations;
  

m) within the College of physicians from Romania works committees representing medical specialties;
  

n) within the College of physicians from Romania operates a Commission that represents doctors who work in the health insurance system;
  

give consent to the authorization of a) installation private medical cabinets and rule in connection with attempts in interdicting the installation and their servants, taking into account the exercise of medical activity in accordance with the professional competence of the doctor, technical equipment, and compliance with the rules of hygiene;
  

p) advises the licenses of temporary or definitive replacement.
  


Section 3 of the members of the College of physicians from Romania. Rights and obligations in article 14 (1) the members of the College of physicians from Romania are entered in a register which shall be published periodically.
  

(2) Doctors arrived at retirement age remain enrolled, upon request, the College of physicians in Romania.
  

(3) the date of the doctors, the entry into force of this law, may enroll in College of physicians from Romania.
  


Article 15 Income College of physicians from Romania consists of: a) registration fee, monthly contributions of members, other funds arising from cultural and scientific manifestations;
  

b) donations and sponsorships from individuals and legal entities, related, editorials, law;
  

c) other sources.
  


Article 16 money Funds may be used for administrative expenditure (payroll staff, procurement of fixed assets, the household material), financing organizational expenses, improvement of vocational training, the granting of scholarships through the contest of physicians, assist low-income physicians and their families, creating institutions with philanthropic and scientific purpose and others, which are established by the National Council of College of physicians from Romania.


Article 17 the members of the College of physicians from Romania are required: a) comply with the regulations in force concerning the exercise of the medical profession;
  

b) to respect and apply in every circumstance the rules of professional ethics and medical deontology;
  

c) to pay promptly to emergency medical care unit as a fundamental professional and civic duty;
  

d) comply with the statutes of the College of physicians from Romania;
  

e) affix stamp containing the first and last name, grade, specialty and all medical paperwork that you signed.
  


Section 4-Organization and operation of article 18 Romania College of physicians is organized at national and County, respectively, of the municipality of Bucharest.


Article 19 the leadership bodies of the College of physicians from Romania, at the county or municipality of Bucharest are: General Assembly, County Council, Bucharest, and Council Office.


Article 20 (1) the County Council has a number of members in proportion to the number of doctors registered in the book-keeping, elected by the General Assembly, as follows:-up to 500 doctors enrolled in the register, 11 members;
-between 501 and 1,000 doctors enrolled in the register, 13 members;
-between 1,001 and 2,000 doctors enrolled in the register, 19 members;
-more than 2,000 physicians enrolled in the register, 21 members.

(2) the Council set up at the level of the municipality of Bucharest is made up of 23 members.
  

(3) the County Council has a number of 3-11 alternate members elected by the General Assembly.
  


Article 21 (1), County Council of Bucharest, will choose from among its members a Bureau composed of the President, Vice-Presidents and a Secretary 3.
  

(2) the functions of the President, Vice President and Secretary are incompatible with the corresponding function): from a Trade Union;
  

b) as director and Deputy director of the Health Division;
  

c) leadership positions in the structure of the Ministry of health (Minister, State Secretary, head of Department, director general, Deputy director general, director and Deputy director).
  


Article 22 (1) the members of the County Council of Bucharest city, respectively, and their alternates, are elected for a period determined by the general meeting of representatives of the country's doctors in Romania.
  

(2) the election of members shall be by secret ballot, with a simple majority through the participation of at least two-thirds of the total number of doctors enrolled. If it will not achieve the proportion of two-thirds of the total number of doctors at the Conference to elect the leadership of the County Council or municipality of Bucharest, will organize, after two weeks, another Conference on elections, regardless of the number of participants.
  

(3) the members of the first County Council, Bucharest, and their alternates, are elected for a term of 2 years.
  


Article 23 (1) County Council, Bucharest, meets when convened by its President, in ordinary meetings every two months. Exceptionally, at the request of two thirds of its members, County Council, Bucharest, may be convened in extraordinary sessions.
  

(2) the decisions of the County Council of Bucharest city, respectively, shall be adopted by a vote of half plus one of the total number of members.
  


Article 24 (1) the County Council Bucharest, exercise the powers provided by law, within its competence, to the county or the municipality of Bucharest, by the rules of procedure adopted by the General Assembly of the College of physicians from Romania.
  

(2) for the purpose of executing his duties, County Council, Bucharest, working in committees, elected by the general meeting, fields or on medical specialties, in accordance with the rules of procedure adopted by the General Assembly of the College of physicians from Romania.
  


Article 25 the leadership College of physicians from Romania, at the national level, shall be exercised by the General Assembly: (a));
  

(b) the National Council);
  

c) Executive Office.
  


Article 26 (1) the general meeting of the College of doctors in Romania is made up of representatives elected by the General Assembly in each county and municipality of Bucharest, through direct and secret voting. The norm of representation is 1 in 100.
  

(2) the general meeting of the College of physicians from Romania meets annually.
  


Article 27 General meeting adopt the code of ethics and rules of organization and functioning of the College of physicians in Romania, the presence of at least two thirds of the elected representatives.


College of physicians article 28 Romania, between sessions of the General Assembly is led by the National Council.


Article 29


(1) National Council of College of physicians from Romania is made up of one representative of each County, 3 representatives of the municipality of Bucharest and of one representative from each Ministry doctors which has its own health network. Apart from these, the National Council of College of physicians from Romania can be assisted with the advisory role, one representative of the Academy of medicine, Ministry of health, Ministry of labour, social solidarity and family and the Ministry of Justice.
  

(2) For the establishment of the National Council of College of physicians from Romania is required at least two-thirds of the number of representatives established in paragraph 2. (1) article 30. Decisions of the College of physicians from Romania are validated by the vote of at least two-thirds of its members.


Article 31 powers of the National Council of College of physicians from Romania are: to draw up the code of ethics), as well as the rules of organization and functioning of the College of physicians in Romania, within 6 months after the establishment of the National Council of College of physicians from Romania;
  

b) fixes the membership fee to be paid by the County Council by each physician or Bucharest, setting part of it to be you transfer fee to the National Council of College of physicians from Romania;
  

c) manages the assets of the College of doctors in Romania and can create and subsidize the medical profession, the contexts of action action aid or sponsorship;
  

d) controls the administration of the County Council, the municipality of Bucharest, which should inform all actions;
  

s) settles, within 30 days of registration, as the higher court, appeals against decisions given by the county councils of the municipality of Bucharest, respectively, in accordance with its own regulations.
  


Article 32 National Council of College of physicians from Romania operates several committees whose number, competent, as well as its rules of procedure are established by it.


Article 33 (1) the Executive Board of the College of physicians from Romania ensures its constant activity, in accordance with the law and its own regulations.
  

(2) the Executive Board shall be composed of a Chairman, Deputy Chairmen and a Secretary 3.
  


Article 34 National Council of College of physicians from Romania will be consulted by the Ministry of health in developing health programs and laws.


Article 35 (1) the contract of employment of the person exercising a managerial post in the Executive Office of the County Council, the municipality of Bucharest, and the National Council of College of physicians from Romania suspended, at the request of the person concerned during that CABA preside, with maintaining employment.
  

(2) a person in a situation referred to in paragraph 1. (1) benefit from the work, the period that thus being considered.
  


Section 6 Procedures and sanctions Article 36 By the Commission of ethics and by specialized commissions of the County Council, the municipality of Bucharest, and the National Council, College of physicians Romania disputes and ethical deviations and disciplining of doctors.


Article 37 (1) the members of the College of physicians from Romania, which breaks the oath, specific laws and regulations relating to the exercise of the profession of doctor and not comply with Code of medical deontology, respond to disciplinary action depending on the severity of the offence and shall apply one of the following sanctions: a) reprimand;
  

b) warning;
  

c) vote of censure;
  

d) temporarily suspend, on a 6-12 months membership of the College of doctors in Romania;
  

e) withdrawal of the membership of the College of doctors in Romania and the Ministry of Health's proposal for withdrawal of the practice of the profession of doctor.
  

(2) the penalties provided for in (b). the-c)) is applied by the County Council of the municipality of Bucharest, respectively, for their members.
  

(3) the penalties provided for in (a). d) and (e)), shall apply to the National Council of College of physicians from Romania, but after making a specialized expertise by a Commission composed of at least five professionals, from specialty person concerned, approved of it, upon the proposal of the specialized commissions.
  

(4) the findings of the investigation and the penalties applied shall be made within 24 hours, the Ministry of health and the legal person with whom the doctor sanctioned ended the employment contract and decide, where appropriate, on the basis thereof, relating to the authorization of the free practice of the medical profession, as well as with regard to the contract of employment.
  

(5) the County Council of Bucharest, is the first court, and the National Council of College of physicians from Romania, the Court of appeal, in respect of any dispute or offense committed by a doctor.
  


Article 38 (1) against the sanctions provided for in art. 37 para. (1) (a). the-c)) you can enter the opposition to the Commission's competence within deontologically 30 days of the notification of the sanction.
  

(2) against the sanctions. 37 para. (1) (a). d) and (e)) you can enter the Court opposition to which the doctor operates within sanctioned, 30 days of the notification of the sanction.
  


Article 39 of the members of the disciplinary College of physicians from Romania, under this Act, does not preclude criminal liability, civil or administrative, material, in accordance with the legal provisions.


Article 40 After a period of one year from the issuance of the decision to suspend the authorization of free medical practice, physician in the case may request a review of the decision. In case of rejection, a new application may not be made until after a year.


Article 41 practice of medical profession by a person who does not have this quality constitutes infringement and is punishable under criminal law.


Chapter 3 transitional and final provisions Article 42 Health Ministry is obliged to make available to the designated electoral commissions for the Organization of the College of physicians rated Romania the book-keeping doctors in Romania, in accordance with the annex to this law within 30 days after its publication in the Official Gazette of Romania.


Article 43 (1) until the first election of the County Council of College of physicians from Romania, Bucharest, applications for enrollment in the College are submitted to the respective electoral commissions, following that, within six months from the same date, the Ministry of health to issue authorization to free medical practice.
  

(2) the first election shall be organized by the Election Commission, in which the county health departments and Bucharest, on the one hand, and the district trade union affiliates of the medical practitioners, existing at the date of entry into force of this law, on the other hand, have an equal number of representatives. Electoral committees are made up of 6 members.
  

(3) At the country level will hold a Central Election Commission, in which the Ministry of health will have 3 representatives, unions of doctors, in their entirety, 3 representatives from the ministries of health of its own network with one representative. The work of this Commission consists in validating county elections and in elections on the country; her work will cease once the legal Constitution of the first general meeting of the College of physicians from Romania.
  


Article 44 local government, by county councils, will ensure appropriate spaces for county councils, the municipality of Bucharest, Romania, to the College of physicians and the National Council of College of physicians from Romania, within 60 days after the entry into force of this law.


Article 45 the powers of the College of doctors in Romania may not be exercised by any other medical professional association. Members of the College of physicians can be part and other professional associations.


Article 46 Annex forms an integral part of this law.


Article 47 this law shall enter into force 30 days after its publication in the Official Gazette of Romania.


Article 48 on the date of entry into force of the present law shall repeal art. 79 para. (1), art. 80 and 81 of the Act nr. 3/1978 on the population's health insurance, Government decision No. 220/1992 approving the principles of being a doctor from Romania, as well as any other provisions to the contrary.


Annex name and surname doctor. ..
Date of birth grade professional Specialty and. ..
Scientific title. ..
Promotion and. ..
Work and. ..
Address and phone number — — — — — — — — — — — — — — —