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Law No. 160 Of 30 July 1998 For The Organization And Profession Of Veterinary Surgeon

Original Language Title:  LEGE nr. 160 din 30 iulie 1998 pentru organizarea şi exercitarea profesiunii de medic veterinar

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LEGE no. 160 160 of 30 July 1998 (* republished *) for the organization and exercise of the veterinary profession *)
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 209 209 of 24 March 2014



--------- Note * *) Republicated pursuant to art. 248 248 of Law no. 187/2012 for the implementation of Law no. 286/2009 on the Criminal Code, published in the Official Gazette of Romania, Part I, no. 757 of 12 November 2012, as amended, giving the texts a new numbering. Law no. 160/1998 was republished in the Official Gazette of Romania, Part I, no. 433 433 of 23 May 2005 and has been amended by: - Government Emergency Ordinance no. 49/2006 for the modification and completion of some normative acts governing the identification and registration of equidae and the establishment of a database for them, published in the Official Gazette of Romania, Part I, no. 566 of 30 June 2006, approved with amendments and additions by Law no. 514/2006 ; - Government Emergency Ordinance no. 37/2008 on the regulation of financial measures in the budgetary field, published in the Official Gazette of Romania, Part I, no. 276 of 8 April 2008, approved with amendments by Law no. 275/2008 , with subsequent amendments and completions; - Law no. 213/2010 on the amendment art. 36 36 of Law no. 160/1998 for the organization and exercise of the veterinary profession, published in the Official Gazette of Romania, Part I, no. 765 765 of 16 November 2010. + Chapter I General provisions + Article 1 (1) The profession of a veterinarian is a liberal and independent profession with regulated autonomous organization. It is organized and operates on the basis of the principle of autonomy, within the professional body represented by the College of Veterinary Physicians. (2) The General Association of Veterinary Physicians of Romania is the scientific and professional non-governmental body of veterinarians, which includes and coordinates the activity of member associations, societies and leagues. (3) Veterinary medicine is a medical science that ensures the comfort and protection of animals and contributes to the maintenance of public health and environmental protection. + Article 2 (1) The profession of veterinarian shall be exercised in Romania by any person, Romanian citizen, who possesses the diploma of veterinarian equivalent according to the law, as well as the citizens of the Member States of the European Union, of the Economic Area European and citizens of Switzerland, who possess diplomas of veterinarian, certificates or other documents attesting to this qualification provided by law, issued by an educational institution in these states. (2) I can exercise the profession of veterinary surgeon in Romania and the citizens of the Member States of the European Union, of the European Economic Area and the citizens of Switzerland, who possess diplomas, certificates or other documents certifying the qualification of veterinarian, issued by third-country veterinary higher education institutions recognised in a Member State of the European Union. (3) The citizens of the European Union, the European Economic Area and the citizens of Switzerland, who possess diplomas, certificates or other documents issued by the European Union, may exercise the profession of veterinarian in Romania and the citizens of third states, veterinary education institutions from third countries, attesting to this qualification, equated according to the law. (4) The professional recognition of diplomas, certificates or other documents, certifying the quality of veterinarian, shall be carried out by the College of Veterinary Physicians. ((5) Veterinary doctors, Romanian citizens residing abroad, as well as veterinarians citizens of the Member States of the European Union, of the European Economic Area and the citizens of Switzerland, who exercise the profession of veterinarian in Romania, have the same rights and obligations regarding its exercise as veterinarians members of the College of Veterinary Physicians. + Article 3 (1) The profession of veterinary surgeon has as objectives the protection of animal health, public health, consumer protection and the environment, in order to improve livestock, ensure the food security of the population, facilitating trade relations and preserving the ecological balance. (2) By the liberal nature of the profession, the veterinarian with the right of free practice, in the exercise of his profession, is not a public official. + Article 4 The veterinary profession has exclusivity in the following areas of competence: a) animal health; b) veterinary public health and hygiene of animal and animal products; c) inspection and veterinary checks; d) supervision and diagnosis of veterinary laboratory; e) control of feed hygiene; f) coordination of identification and registration of animals, with the exception of equidae g) continuous veterinary training and education; h) testing, recording and authorising the production and marketing of veterinary products and other materials which may influence the animal health status; i) retail marketing and use of biological products, special use antiparasites and veterinary medicinal products; j) consulting and veterinary audit. + Article 5 The veterinarian exercises his profession in collaboration with other professions, in the following areas: a) defence of public health and consumer protection; b) animal husbandry and feed; c) the selection, improvement and reproduction of animals; d) the production of veterinary products and other materials affecting the animal health status; e) research of fundamental and applied animal genetics; f) protection of domestic and wild animals; g) industrialisation and valorisation of animal and animal products; h) environmental protection and pollution control; i) medical-veterinary statistics; j) the marketing of veterinary products, except those provided for in art. 4 lit. i); k) control of movement of animals, animal and animal products; l) medical-veterinary research; m) animal nutrition; n) medical-veterinary biotechnologies; o) medical-veterinary education. + Article 6 In the exercise of the profession, the veterinarian applies, respects and is protected by the laws of the state, as well as by the provisions of the Statute of the veterinarian and the Code of medical deontology approved by the National Congress of Physicians Vets, with the law. + Article 7 The veterinary profession shall be exercised in the following professional structures: a) the state veterinary network; b) private veterinary services, legally authorized; c) approved and accredited veterinary educational establishments or authorized to operate provisionally; d) other public and private institutions. + Chapter II Organization of the veterinary profession + Section 1 College of Veterinary Physicians + Article 8 (1) The College of Veterinary Physicians is established, as a form of autonomous, non-governmental, apolitical and non-profit professional organization. The college has legal personality. (2) The College of Veterinary Physicians represents the interests and protects the professional rights of its members. (3) The organization and functioning of the College of Veterinary Physicians is carried out on the territorial principle, eligibility and hierarchy. (4) The management bodies of the College of Veterinary Physicians are: a) National Congress; b) National Council; c) the county councils and the Bucharest municipality. + Article 9 (1) The College of Veterinary Physicians has the following tasks: a) will give the advisory opinion for draft normative acts, regulations and norms for the exercise of the profession in all fields of veterinary activity, according to the legislation in force; b) elaborates the Code of medical deontology *), the Regulation on the organization and functioning of the College of Veterinary Physicians *), the Statute of the veterinarian *), the provisions of which are mandatory in the exercise of the profession of veterinarian; -------- Note * *) See Decision of the College of Veterinary Doctors no. 2/2010 for the adoption of the Regulation on the organization and functioning of the College of Veterinary Physicians and the Statute of the veterinarian and for the approval of the Code of Veterinary Medical Deontology, published in the Official Gazette of Romania, Part I, no. 147 147 of 1 March 2011. c) give veterinarians the attestation of free practice; d) apply the disciplinary sanctions provided for by its organization and functioning, suspend or withdraw the attestation of free practice; e) represents the profession in front of governmental bodies, other professional and scientific forums, public or private institutions; f) promote external relations with similar professional organizations and institutions; g) keep records of its members and permanently update their general picture; h) proposes annually to the Ministry of National Education the tuition figure for medical-veterinary higher education; i) provide information support, issue official documents to Romanian citizens who request this official, to exercise the profession in the European Union or in other states, as well as to veterinarians foreign citizens who request to Teacher in Romania, under the law. ((2) In the field of recognition of professional qualifications obtained in the Member States of the European Union and of the European Economic Area, as well as in the matter of the exercise of the veterinary profession by the citizens of the said States, Veterinarians adopt decisions with legal effect, harmonized with community regulations. + Article 10 (1) The Ministry of National Education together with the Ministry of Agriculture and Rural Development, in collaboration with the higher education institutions in the field, at the proposal of the College of Veterinary Physicians and the General Association of Veterinary Physicians from Romania, establish the basic professional profiles and specializations of veterinarians. (2) The Ministry of Agriculture and Rural Development together with the College of Veterinary Physicians and higher education institutions organize the competition and issue certificates certifying the professional degree of veterinary primary doctor. (3) The College of Veterinary Physicians collaborates with public institutions in establishing the directions of development and improvement of the university and postgraduate medical-veterinary education, in accordance with international requirements and standards and with the Romanian legislation. + Article 11 The composition of the National Council, of the county councils and of the city of Bucharest, as well as the conditions and the way of carrying out the duties and competences of the governing bodies of the College of Veterinary Physicians organization and its operation. + Article 12 (1) The incomes of the College of Veterinary Physicians shall be: a) the registration fee in the college, the monthly contributions of members, other incomes made from scientific and cultural events, as well as from editorial rights; b) subsidies, donations and sponsorships from natural or legal persons, from the country or abroad, under the law; c) rents, interest and any other legal sources. (2) The county councils and the city of Bucharest shall pay monthly to the College of Veterinary Physicians a share of 50% of the collected dues. The funds may be used to improve the professional training, the granting of scholarships and aids, the creation of scientific institutions, investments related to the endowment with appropriate means for various activities of the college, administrative-household expenses and for the salary fund for the own technical-administrative apparatus. + Section 2 National Congress of Veterinary Physicians + Article 13 (1) The National Congress of Veterinary Physicians is the supreme representative forum of the veterinary profession and is constituted by delegates elected in the general meetings of the county councils and the Bucharest municipality of the College of Physicians Vets. (2) The National Congress of Veterinary Physicians meets every 3 years. At the request of the majority of county councils and the city of Bucharest, the National Council convenes (3) The National Congress of Veterinary Physicians is legally constituted, if two thirds of the number of delegates convened are present, and adopt decisions with the simple majority vote. + Article 14 The National Congress of Veterinary Physicians has the following duties: a) adopt the Regulation on the organization and functioning of the College of Veterinary Physicians; b) adopt the veterinary status c) adopt proposals for normative acts on the profession of veterinarian and approve the Code of Medical Deontology; d) adopt decisions on the training, qualification, specialization and improvement of veterinarians, as well as the criteria for professional promotion; e) adopt resolutions and recommendations on its scientific programme; f) adopt decisions regarding the cooperation relations between the College of Veterinary Physicians and the General Association of Veterinary Physicians in Romania or other professional and scientific forums in the country and abroad. + Article 15 The decisions of the National Congress of Veterinary Physicians are final and binding on all members of the College of Veterinary Physicians. + Chapter III Members Of The College Of Veterinary Doctors + Article 16 (1) The quality of member of the College of Veterinary Physicians is acquired by any veterinarian, Romanian citizen or member states of the European Union, of the European Economic Area or Swiss citizen, regardless of political beliefs, religious, cultural, ethnic origin, which meets the following conditions: a) legally exercise the profession of veterinarian in Romania, in accordance with the provisions of art. 2 2; b) is not in the cases of undignity provided by the legislation in force; c) is medically fit for the exercise of the profession of veterinarian. (2) The membership of the College of Veterinary Physicians is mandatory for the exercise of the veterinary profession. + Article 17 (1) The provisions of art. 16 does not apply to the exercise of the profession by the citizens of the Member States of the European Union, of the European Economic Area and by Swiss citizens in the form of service provision. (2) In the situation referred to in par. (1), the citizens of the mentioned states shall register in the register held by the College of Veterinary Physicians for this purpose, without acquiring the quality of members. (3) For the provision of services the persons provided in par. (1) have the obligation to make a statement regarding the services provided, which is submitted to the College of Veterinary Physicians, under the law. (4) In the exercise of the profession in the form of the provision of services, these persons are subject to the rules of professional deontology. + Article 18 Members of the College of Veterinary Physicians may be active members and honorary members. The criteria for inclusion of members in one of these categories are laid down in the Statute of the veterinarian. + Article 19 When registering in the College of Veterinary Physicians, the veterinarian shall submit before the county council or the Bucharest municipality of the College of Veterinary Physicians, in a solemn setting, the following oath: " I swear to exercise my profession with competence and responsibility, in a dignified manner, with probity and devotion, acting in all circumstances through exemplary conduct, in the spirit of the norms of the Code of medical deontology and respect Country laws I will use all my professional and scientific knowledge for the promotion and defense of animal health, the protection of human health and ecological conditions. I swear to appear, with all my powers, the honor, prestige and noble traditions of the veterinary profession! " + Article 20 Members of the College of Veterinary Doctors have the following rights: a) in the exercise of the profession are protected by law; b) to exercise his medical profession-veterinary, under the law; c) to carry out its activity unhindered and without any interference from other professional categories; d) to inform the College of Veterinary Physicians about any violation of the right to exercise the profession; e) to attend the meetings of the management bodies of the College of Veterinary Physicians; f) to choose and be elected; g) to participate in the forms of continuous professional development; h) to use insignia and professional or academic titles. + Article 21 Members of the College of Veterinary Physicians shall: a) to comply with the laws and other normative acts in force regarding the exercise of the veterinary profession and to submit to the decision of the governing bodies of the College of Veterinary Physicians; b) comply with and apply in any circumstance the norms of ethics and medical deontology-veterinarians; c) promote the whole set of measures aimed at developing the growth of animals and their productive potential; d) to protect the human health against diseases common to man and animals, to participate in protecting the environment, in order to maintain ecological balance; e) to pursue and support animal protection measures, in accordance with international regulations; f) the veterinarian who carries out medical-veterinary activity responds individually, according to the law, for professional decisions. + Article 22 The membership of the College of Veterinary Physicians and the exercise of the profession of veterinarian shall become unworthy and shall be suspended for: a) carrying out activities that contravene the norms of the Code of medical deontology-veterinary, found, sanctioned and left final; b) prohibition of the exercise of the profession for the duration established by judicial or disciplinary decision, remaining final; c) in case of non-payment of contributions and professional contributions, for 6 months uninterrupted from their maturity. + Article 23 The membership of the College of Veterinary Physicians ceases: a) if against the veterinarian were taken measures to raise the right to practice, as a disciplinary sanction or as a result of the decision of the College of Veterinary Physicians, for the record of professional incapacity or mental illness, attested by the medical commission of expertise; b) if the veterinarian has been definitively convicted of a deed that constitutes professional fault, provided for and punished by the Criminal Code, which makes him unworthy to exercise his profession. + Chapter IV Qualification, specialization and promotion to professional degrees of veterinarians + Article 24 The National Council of the College of Veterinary Physicians can attest, under the conditions of this law, veterinarians in different professional profiles. + Article 25 The National Council of the College of Veterinary Physicians makes proposals on the criteria for obtaining professional degrees, according to the legal norms in force, in: a) medical-veterinary assistance; b) veterinary epidemiology; c) surveillance and laboratory diagnosis; d) veterinary public health and hygiene of animal and animal products; e) the pathology of reproduction. + Chapter V Free medical practice-veterinary + Article 26 (1) The activities carried out by free medical-veterinary practice are: medical-veterinary assistance, artificial seeding, various specialized services and technical and veterinary legislative consultancy, production and marketing antiparasitic and veterinary medicinal products and veterinary equipment and instruments. (2) Private veterinary services are part of the single national veterinary system. + Article 27 (1) Veterinary doctors with the right of free practice can carry out their activity independently, both as authorized individuals and as legal entities. (2) In order to support the liberalization of the veterinary profession, the county veterinary departments and the city of Bucharest, as well as the autonomous regions or other institutions of which the veterinary dispensers belong may sell, rent or concessions to veterinarians who become self-employed buildings, premises, facilities and means existing in the veterinary constituencies of assistance and in the state veterinary clinics. The homes are exempted from sale. (3) For the purpose provided in par. (2) the local public administration authorities may rent, lease or sell, as the case may be, veterinarians who become self-employed, buildings and premises, and their facilities and means, in which the activity is carried out the veterinary constituencies and which are in the public or private property of the communes, towns and municipalities. (4) Veterinary doctors who become self-employed and remain in the locality of domicile have the right of preemption to the rental and concession of buildings and to the respective arrangement in which the specific activity of veterinarian is carried out, in the constituency. (5) Buildings, premises, as well as related facilities will not change their destination, and it is mandatory to use only for the purpose of veterinary medicine. The change of destination will be possible only with the opinion of the local public administration authorities. + Article 28 (. In the exercise of his profession, the veterinarian with the right of free practice shall be organized and operated within: a) the medical-veterinary office, in one of the following forms: 1. medical-veterinary office; 2. associated medical-veterinary practices; b) companies covered by Company law no. 31/1990 , republished, with subsequent amendments and completions, with main object of activity veterinary activities. (2) In the forms of organization of the profession provided in par. (1) exercises the profession of holders or associates, who may have as employees or collaborators veterinarians or any other category of personnel. + Article 29 (1) The medical-veterinary office is the unit without legal personality, providing medical-veterinary services. (2) In the medical-veterinary office he exercises his profession the titular veterinarian, who may have as employees or collaborators veterinarians or any other category of personnel. (3) Individual cabinets may be associated with associated veterinary medical practices for the purpose of joint work. Veterinarians holders of associated offices retain the individual rights and responsibilities provided by law. + Article 30 (1) Associated medical-veterinary offices may have common heritage. (2) The veterinarian may always change the form of organization of the profession, with the notification of the authority that approved the establishment and registration of the medical-veterinary office. + Article 31 Medical-veterinary units with legal personality, which shall be established according to Law no. 31/1990 , republished, with subsequent amendments and completions, will operate with the following conditions: a) have as main activity the veterinary activities; b) are registered in the Single Register of medical-veterinary offices. + Article 32 (1) The act of establishment of medical-veterinary offices is the certificate of registration in the Single Register of medical-veterinary offices, with or without legal personality, which is drawn up at the county councils, respectively of the municipality Bucharest, after its approval by the Executive Office of the National Council of the College of Veterinary Physicians. The registration certificate is necessary for obtaining the authorization to operate the cabinet, a copy of which is handed to the holder. (2) The single register of medical-veterinary offices shall be held by the College of Veterinary Physicians. + Article 33 (1) Buildings, premises, as well as related facilities will not change their destination, being mandatory to use only for the purpose of practicing veterinary medicine. (2) Change of destination can only be achieved with the consent of the owner. + Article 34 (1) Immovable property in public property of the state, currently used for medical-veterinary activities, will be passed in the private domain of the state, according to the provisions art. 10 10 of Law no. 213/1998 on public property, as amended. (2) The goods referred to in par. (1) will be sold, rented or licensed to medical-veterinary offices or, as the case may be, to medical-veterinary units with legal personality. (3) The methodological norms on the sale of goods referred to in (1) is approved by Government decision. + Article 35 The limits of the endowment of medical-veterinary offices shall be established by the Executive Office of the National Council of the College of Veterinary Physicians. + Article 36 The tariffs and fees for free medical-veterinary practice shall be determined by each veterinarian. + Article 37 ((. Medicines and antiparasitic veterinary products shall be marketed only from legally authorised warehouses, pharmaceutical points and veterinary pharmacies. (. Biological veterinary products shall be marketed only from approved veterinary warehouses and shall be used only by approved veterinary, natural or legal persons in the framework of the veterinary act. + Article 38 Veterinarians with the right of free practice, on a contract basis concluded with the veterinary directions, shall carry out the actions provided for in the surveillance, prophylaxis and disease control program in animals that are communicable to humans, such as and other activities that compete in the veterinary supervision of the territory. + Article 39 The duties and powers of the self-employed veterinarians as well as the performance of public duties shall be established by a regulation developed by the College of Veterinary Physicians together with the National Veterinary Health Authority and for Food Safety. + Chapter VI Procedures and sanctions + Article 40 The Higher Commission of Deontology and Litigation, the county commissions of deontology and litigation, respectively of the city of Bucharest, judges the violation and non-compliance with the specific legislation and regulations on the exercise of the medical profession veterinary, as well as the deontological and disciplinary deviations of veterinarians. + Article 41 Members of the College of Veterinary Physicians who violate the specific laws and regulations on the exercise of the veterinary profession and do not comply with the Code of Medical Deontology-veterinary answer, depending on the gravity of the deviation, and li one of the following sanctions will apply: a) warning; b) reprimand; c) severe reprimand; d) the suspension of the right to exercise veterinary medicine for a period not exceeding one year from the date of issue of the commission's decision; e) the deletion from the records of the College of Veterinary Physicians, which determines the definitive prohibition of exercising veterinary medicine on the territory of Romania, which can be taken only by the Higher Commission of Deontology and Litigation on the proposal county commission, respectively of Bucharest municipality. + Article 42 The county commission of deontology and litigation, respectively of the city of Bucharest, represents the first structure to solve the aspects mentioned in art. 40, and the Higher Commission of Deontology and Litigation represents the national forum and the appeal structure for any violation, non-compliance or misconduct committed by a veterinarian and unresolved at the county level. + Article 43 The procedure regarding the settlement of disputes and deviations committed by veterinarians is established in the rules of interior order for the Higher Commission of Deontology and Litigation, the county commissions of deontology and litigation and, respectively, of Bucharest. + Article 44 Disciplinary liability of members of the College of Veterinary Physicians does not exclude criminal, contravention, civil or material liability, according to this law, according to the legal provisions. + Article 45 Exercising without right any activity specific to the veterinary profession constitutes a crime and is sanctioned according to the law. + Chapter VII Final provisions + Article 46 (1) Control regarding the establishment, organization and functioning of medical-veterinary offices, regardless of the form of organization, shall be exercised by the Ministry of Agriculture and Rural Development through the National Veterinary Health Authority and for Food Safety and by the College of Veterinary Physicians. (2) The control on compliance with the legal norms in the provision of medical-veterinary services shall be exercised by the central and territorial veterinary authority, the College of Veterinary Physicians or other competent bodies, under the law. + Article 47 The following acts will be published in the Official Gazette of Romania, Part I, and constitute specific regulations for the implementation of the provisions of this law: a) Veterinary status; b) Regulation on organization and functioning of the College of Veterinary Physicians; c) Code of medical deontology; d) Regulation on the duties and powers of veterinarians with the right of free practice in the performance of public duties. + Article 48 Within 90 days of the entry into force of this Law *), the Council of the General Association of Veterinary Physicians of Romania will organize general meetings of the county branches and of the city of Bucharest for the choice of county councils and of the National Council of the College of Veterinary Physicians. After choosing these organs, the Assembly of Veterinary Physicians in Romania ceases its activity. --------- Note * *) Law no. 160/1998 was published in the Official Gazette of Romania, Part I, no. 289 289 of 6 August 1998. --------