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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Law No. 160 of 30 July 1998 (republished) for organizing the profession of veterinary surgeon) published in PARLIAMENT ISSUING the OFFICIAL GAZETTE nr. 209 of 24 March 2014 — — — — — — — — — * Note) Republished pursuant to art. 248 of the law nr. 187/2012 for implementing Law No. 286/2009 relating to the penal code, published in the Official Gazette of Romania, part I, no. 757 from November 12, 2012, with subsequent amendments, posing a new texts.

Law No. 160/1998 has been republished in the Official Gazette of Romania, part I, no. 433 of 23 May 2005 and amended by:-Government Emergency Ordinance nr. 49/2006 modifying and completing some legislative acts governing the identification and registration of equidae and the setting up of a database for them, as published in the Official Gazette of Romania, part I, no. 566 of 30 June 2006, approved with amendments and completions by law No. 514/2006;
-Government Emergency Ordinance nr. 37/2008 on the financial regulation measures in the budget, as published in the Official Gazette of Romania, part I, no. 276 of 8 April 2008, as amended by law No. 275/2008, as amended and supplemented;
-Law No. 213/2010 amending art. 36 of the law nr. 160/1998 for the Organization and profession of veterinary surgeon, published in the Official Gazette of Romania, part I, no. 765 from 16 November 2010.


Chapter I General provisions Article 1 (1) the profession of veterinary surgeon is a liberal and independent profession, with autonomous organisation governed. Is organized and operates on the basis of the principle of autonomy, within the framework of the Forum of professional College of veterinary surgeons.
  

(2) General Association of veterinarians of Romania is scientific and professional non-governmental forum of veterinarians, which encompasses and coordinates the activity of associations, societies and leagues of Member profile.
  

(3) veterinary medicine is a medical science that provides comfort and protection for the animals and help maintain public health and environmental protection.
  


Article 2 (1) the veterinarian Profession is exercised in Romania by any person, the Romanian citizen who possesses diploma equated veterinarian according to law, and citizens of Member States of the European Union, the Eea and Swiss citizens who possess diplomas of veterinary surgeons, certificates or other evidence of qualification provided for by this law, issued by an educational institution in these countries.
  

(2) may exercise the profession of veterinary surgeon in Romania and the citizens of the Member States of the European Union, the Eea and Swiss citizens who possess diplomas, certificates or other documents certifying the qualifications of veterinary surgeons issued by veterinary institutions of higher education in third countries recognised in a Member State of the European Union.
  

(3) may exercise the profession of veterinary surgeon in Romania and non-Member States citizens, nationals of Member States of the European Union, the Eea and Swiss citizens who possess diplomas, certificates or other documents issued by the veterinary teaching institutions from third countries, which certifies this qualification, equated the law.
  

(4) Professional Recognition of diplomas, certificates or other documents attesting the quality of veterinary surgeon, is carried out by the College of veterinary surgeons.
  

(5) veterinary surgeons, Romanian citizens domiciled abroad, as well as veterinarians nationals of Member States of the European Union, of the European Economic area and Swiss nationals, who exercise the profession of veterinary surgeon in Romania, have the same rights and obligations with respect to its practice as veterinary surgeons who are members of the College of veterinarians.
  


Article 3 (1) the veterinarian Profession has as its objective the defence of animal health, public health, consumer protection and the environment, in order to improve livestock, ensuring the food security of the population, al facilitate trade relations and the preservation of ecological balance.
  

(2) the nature of the profession, the Liberal veterinarian with practising law in the exercise of his profession, is not a public servant.
  


Article 4 the veterinarian Profession has exclusive competence in the following areas: a) animal health;
  

b veterinary public health) and hygiene of livestock products and foodstuffs of animal origin;
  

c) inspection and veterinary border;
  

d) surveillance and laboratory diagnosis of veterinary surgeons;
  

e) hygiene control of feedingstuffs;
  

f) coordination and registration of animal identification, with the exception of equidae;
  

g) veterinary training and education;
  

h) testing, registering and authorizing the production and marketing of veterinary products and other commodity prices that could affect the health of the animals;
  

I) retail trade and the use of biological products, drugs and use of veterinary medicinal products;
  

j veterinary advice and audit).
  


Article 5 the veterinarian shall exercise their profession in cooperation with other professionals in the following areas: (a) public health and Defense) consumer protection;
  

b) growth and feeding of animals;
  

c) selection, breeding and reproduction;
  

d) achievement of veterinary products and other subjects that affect the health of the animals;
  

e animal genetics research) fundamental and applied research;
  

f) protection of domestic animals and wildlife;
  

g) harnessing industrialization of livestock products and foodstuffs of animal origin;
  

h) environmental protection and pollution control;
  

I) veterinary medical statistics;
  

j) placing on the market of veterinary products, except as provided in article 13. 4A. I);
  

k) motion control of animals, animal products and animal origin;
  

l veterinary medical research);
  

m) animal nutrition;
  

n) veterinary medical biotechnologies;
  

a veterinary medical education).
  


Article 6 in the profession, the veterinarian applies, complies with and is protected by the laws of the State, as well as the provisions of the Statute of the veterinarian and medical deontology code-approved veterinary National Congress of veterinary surgeons, in compliance with the law.


Article 7 the profession of veterinary surgeon shall be exercised within the framework of the following structures: the State veterinary network);
  

(b) veterinary medical services), legally authorized;
  

c) veterinary educational institutions approved and accredited or approved to operate on a provisional basis;
  

d) other public and private institutions.
  


Chapter II organisation of the profession of veterinary surgeon section 1 College of veterinary surgeons Article 8 (1) shall be set up a College of veterinary surgeons, as a form of autonomous non-governmental organization, professional, apolitical and non-profit. The College shall have legal personality.
  

(2) College of veterinary surgeons represents the interests and defends the rights of its members.
  

(3) the Organization and functioning of the College of veterinary surgeons is carried out on the principle of territorial jurisdiction, eligibility and hierarchy.
  

(4) the governing bodies of the College of Veterinarians are: a) National Congress;
  

(b) the National Council);
  

c) County Councils and of the municipality of Bucharest.
  


Article 9 (1) College of veterinary surgeons has the following duties: a) will give an advisory opinion drafts of legislative acts, regulations and procedures for the exercise of the profession in all specific areas of activity, as required by law;
  

b draw up ethics code) medical-veterinary), the rules of organization and functioning of the College of veterinary surgeons), veterinarian), whose provisions are binding in the profession of veterinary surgeon;
  

— — — — — — — — * Note) see Judgment No. College of Veterinarians 2/2010 for adopting the regulation on the organisation and functioning of the College of Veterinarians and veterinarian's Status and approving veterinary medical deontology code, published in the Official Gazette of Romania, part I, no. 147 of 1 March 2011.

c) grants Surgeons practising certificate;
  

(d) disciplinary sanctions shall apply) laid down in its rules of organization and operation, shall suspend or revoke the certificate of practice;
  

e) represents the profession in the face of government institutions, other professional and scientific bodies, public or private institutions;
  

f) promotes relationships externally with similar organisations and professional bodies;
  

g) keeps track of its members and keep updated, the overall picture;
  

h) proposes National Education Ministry's annual turnover of tuition for higher education medical requirements;
  

I) provides support information, issued official documents to doctors that Romanian citizens officially calls it, to exercise the profession in the European Union or in other States, as well as veterinarians foreign nationals applying to practise in Romania according to the law.
  


(2) in matters of recognition of professional qualifications obtained in the Member States of the European Union and the European Economic area, as well as in the exercise of the profession of veterinary surgeon referred to States ' citizens, College Veterinarians shall adopt decisions with legal effect, brought into line with the Community rules.
  


Article 10 (1) the Ministry of national education with the Ministry of agriculture and rural development, in collaboration with institutions of higher education, on the proposal of the College of Veterinarians and the General Association of veterinarians of Romania, establish professional profiles and specialisations of veterinarians.
  

(2) the Ministry of agriculture and rural development in conjunction with the College of veterinary surgeons and institutions of higher education shall organise the contest and issue certificates certifying professional degree of veterinary surgeon.
  

(3) College of veterinary surgeons has been collaborating with public institutions in setting directions for development and improvement of medical education and postgraduate veterinary University, consistent with international requirements and standards and the laws of Romania.
  


Article 11 Composition of the National Council, the county councils and the municipality of Bucharest, as well as the conditions and manner of performance of the duties and powers of the management organs of the College of Veterinarians shall be determined by the rules of organization and operation thereof.


Article 12 (1) the revenues of the College of Surgeons consists of: a) registration fee in monthly dues of College members, other income from scientific and cultural events, as well as editorial duties;
  

b) grants, donations and sponsorships from individuals or legal entities in the country or abroad, in accordance with the law;
  

c) rents, interest and any other legal sources.
  

(2) the county councils and the municipality of Bucharest, where Veterinarians College a monthly quota of 50% of the contributions received. Money funds may be used for the improvement of vocational training, the granting of scholarships and aid, creating institutions with scientific purpose, investment-related equipment with adequate means for the various activities of the College, administrative-household expenditures and fund salaries for technical and administrative apparatus.
  


Section 2 of the National Congress of Surgeons in article 13 (1) of the National Congress of veterinary surgeons is the Supreme representative of the profession of veterinary surgeon and consists of delegates elected in the General meetings of the county councils of Bucharest and of the College of veterinarians.
  

(2) National Congress of Surgeons meets once every three years. At the request of county councils and majority of the municipality of Bucharest, the National Council shall convene extraordinary Congress.
  

(3) National Congress of Veterinarians is constituted, if they are present in two-thirds of delegates and adopts decisions, summoned by a majority vote.
  


Article 14 National Congress of veterinary surgeons shall have the following duties: a) adopt its rules of organization and functioning of the College of veterinary surgeons;
  

b) adopted the Statute of the veterinarian;
  

c) adopted proposals for regulations concerning the profession of veterinary surgeon and medical deontology code approves veterinary;
  

d) adopted decisions on training, qualification, specialization and improvement of veterinary surgeons, as well as criteria for promotion;
  

e) adopted resolutions and recommendations concerning the scientific programme;
  

f) adopted decisions concerning the collaboration of the College of veterinary surgeons and General Surgeons Association from Romania or other scientific and professional bodies in the country and abroad.
  


Article 15 decisions of the National Congress of Veterinarians are final and binding for all members of the College of veterinarians.


Chapter III members of the College of Veterinarians of article 16 (1) the membership of the College of veterinary surgeons is acquired by any Romanian citizen, veterinarian or of Member States of the European Union, the Eea citizen Swiss, times regardless of political convictions, religious, cultural, ethnic origin, which satisfies the following conditions: a) is lawfully pursuing the profession of veterinary surgeon in Romania in accordance with article 4. 2;
  

b) is not in the cases of nedemnitate under the laws in force;
  

c) is apt in terms of medical profession of veterinary surgeon.
  

(2) the membership of the College of veterinary surgeons is mandatory for the profession of veterinary surgeon.
  


Article 17 (1) article. 16 do not apply to the exercise of the profession by the citizens of the Member States of the European Union, the Eea and Swiss citizens in the form of provision of services.
  

(2) In the situation referred to in paragraph 1. (1) citizens are recorded in the register mentioned held by the College of Veterinarians for this purpose, without acquiring membership.
  

(3) for the provision of services to persons covered by paragraph 1. (1) have an obligation to make a declaration concerning the services rendered, which is submitted to the College of Surgeons, in accordance with 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 ethics.
  


Article 18 members of the College of Surgeons may be active members and honorary members. Criteria for inclusion of members in one of these categories are provided for in the statutes of the veterinarian.


Article 19 to enroll in the College of Veterinarians, veterinarian filed in front of the County Council or municipality of Bucharest of the College of Surgeons, in a solemn setting, the following oath: "I swear to me carries on profession with competence and responsibility, as a dignified, probity and dedication, acting in all circumstances through exemplary conduct in the spirit of the rules of the code of medical ethics and compliance with veterinary laws.
I will use all my knowledge and scientific promotion and defence of the health of animals, the protection of human health and ecological conditions.
I swear to defend, with all my strength, honor, prestige and the noble traditions of the medical profession of veterinary surgeon! "


Article 20 Veterinarians College Members have the following rights: a) the profession are protected by law;
  

b) to exercise their profession in veterinary medical law;
  

c) to operate freely and without interference from other professional categories;
  

d) to inform the College of Veterinarians of any violation of the right to pursue the occupation;
  

e) to assist in the meetings of the governing bodies of the College of veterinary surgeons;
  

f) to elect and to be elected;
  

g) to participate in continuous professional development forms;
  

h) to use the insignia and professional or academic titles.
  


Article 21 the members of the College of Veterinarians have the following obligations: a) to respect the laws and other regulations in force relating to the profession of veterinary surgeon and to submit to the judgment of the management organs of the College of veterinary surgeons;
  

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

c) to promote the whole of measures aimed at the development of livestock farming and their productive potential;
  

d) to protect human health against diseases common to man and animals, to take part in protecting the environment, in order to maintain the ecological balance;
  

e) to monitor and support the animal protection measures in accordance with international regulations;
  

f) the veterinarian performing veterinary medical activity individually responsible under the law for professional decisions.
  


Article 22 membership of the College of Veterinarians and veterinarian profession become unworthy and will be suspended for: a) activities contrary to the rules of the code of medical ethics, veterinary, sanctioned and final;
  

b) prohibition of the exercise of that profession for the duration established by judicial decision or disciplinary action, the remaining final;
  

c) in the case of non-payment of professional membership fees and contributions for 6 months unbroken at their maturity.
  


Article 23 the membership of the College of Veterinarians of) ceases if the veterinarian against have made provisions for the waiver of the right to practise, as disciplinary sanction or as a result of the decision of the College of Surgeons, for obvious professional inability times mental illness, attested by the Medical Committee of expertise;
  

b) If a veterinarian has been sentenced definitively to an act which constitutes guilt, provided for and punished by the penal code, which makes it unworthy to pursue the profession.
  


Chapter IV Qualifications, specialisation and professional degrees in veterinary surgeons article 24 the National Council of the College of Veterinarians can attest, under the present law, vets in different professional profiles.


Article 25


The National Council of the College of Surgeons make proposals concerning criteria for obtaining professional degrees, according to the legal norms in force in: (a) the veterinary medical assistance);
  

b) veterinary epidemiology;
  

c) surveillance and laboratory diagnosis;
  

d) veterinary public health and hygiene of livestock products and foodstuffs of animal origin;
  

e) reproduction pathology.
  


Chapter V Free veterinary medical practice in article 26 (1) the activities carried out by the veterinary medical practice are: veterinary medical assistance, însămânţările, various specialized services and technical advice and veterinary, legislative production and marketing of drugs and medicaments for veterinary use and the equipment and instruments for veterinary use.
  

(2) veterinary medical Services are part of particular unique health system.
  


Article 27 (1) of the vets practice can work independently, so that authorized individuals and legal persons.
  

(2) to support the liberalization of the profession of veterinary surgeon, veterinary departments of County and Bucharest, as well as the autonomous administrations or other institutions belonging to the veterinary dispensaries can sell, rent or lease to veterinarians who become freelancers, buildings, facilities and existing constituencies means veterinary assistance and state veterinary clinics are exempt from selling their homes.
  

(3) for the purpose referred to in paragraph 1. (2) local public administration authorities can rent, lease or sell, as appropriate, veterinarians who become freelancers, buildings and spaces, and related facilities and means, in which the work of veterinary and constituencies that are in the public or private property of communes, towns and municipalities.
  

(4) veterinary surgeons who are becoming freelancers and remain in your home have a right of pre-emption to the rental and concession buildings and out in the execution of a specific activity of veterinarian, within the district.
  

(5) the buildings, premises, and related facilities are not going to change the destination, being mandatory to use only for the purposes of veterinary medicine. Change the destination will be able to achieve only with the opinion of the local public administration authorities.
  


Article 28 (1) in the exercise of his profession, the veterinarian practice is organized and operates within: a) veterinary medical cabinet in one of the following forms: 1. veterinary medical practice;
2. veterinary medical offices associated;

b) governed by the law societies of companies no. 31/1990, republished, with subsequent amendments and additions, with its main business of veterinary activities.
  

(2) in the forms of organization of the profession referred to in paragraph 1. (1) exercise their profession or associate veterinarians, who may have employed veterinarians times employees or any other class of person.
  


Article 29 (1) veterinary medical unit without legal personality, a supplier of medical and veterinary services.
  

(2) The veterinary medical profession exercising holder veterinarian, who may be employees of times freelancers veterinarians or any other category.
  

(3) individual Cabinets may be associated to form medical, veterinary, for the purpose of pursuing common activity. Veterinarians who hold certain offices associated retains rights and individual responsibilities provided by law.
  


Article 30 (1) of the veterinary medical Practices associated can have common heritage.
  

(2) the veterinarian may change anytime organisational form of the profession, with the reminder of the authority that approved the establishment and registration of veterinary medical cabinet.
  


Article 31 medical-veterinary Units with legal personality, which can be set up according to law No. 31/1990, republished, with subsequent amendments and additions, will work with the following conditions: a) the main activity of veterinary activities;
  

b) are recorded in the register of medical and veterinary offices.
  


Article 32 (1) of the Act establishing the veterinary medical practices is a certificate of registration in the register of medical and veterinary practices, with or without legal personality, what shall be the county councils, the municipality of Bucharest, after its approval by the Executive Board of the National Council of the College of veterinarians. A registration certificate is required in order to obtain authorization for the operation of the Cabinet, a copy of which is handed to the holder.
  

(2) the register of medical and veterinary offices held by the College of veterinary surgeons.
  


Article 33 (1) of the buildings, premises, and related facilities are not going to change the destination, being mandatory to use only for the purposes of the practice of veterinary medicine.
  

(2) change can be achieved only with the consent of the owner.
  


Article 34 (1) the real estate owned by the State, currently used for medical and veterinary activities, shall be entered in the private sector of the State under the provisions of art. 10 of law No. 213/1998 on public goods, with subsequent amendments.
  

(2) goods referred to in paragraph 1. (1) will be sold, rented or leased to veterinary medical practices of the time, where appropriate, medical and veterinary units with legal personality.
  

(3) the detailed rules on the sale of the goods referred to in paragraph 1. (1) is hereby approved on behalf of the Government.
  


Article 35 the limits to equip veterinary medical cabinets shall be determined by the Executive Office of the National Council of the College of veterinarians.


Article 36 the tariffs and fees for free veterinary medical practice shall be determined by each veterinarian.


Article 37 (1) Drugs and antiparasitic products for veterinary use shall be marketed only in warehouses, pharmaceutical and veterinary legal authorized pharmacies.
  

(2) veterinary biological products are marketed only from authorized veterinary deposits and are used only by veterinarians, natural or legal persons approved under the veterinary medical act.
  


Article 38 of the vets practice-based contract with health departments, carrying out the actions provided for in the monitoring, prevention and control of animal diseases that are transmissible to humans, as well as other activities that contribute to the veterinary supervision of the territory.


Article 39 Powers and competencies of veterinarians freelancers, as well as the fulfilment of public duties shall be established by a regulation drawn up by the College of Surgeons along with national authority Health and food safety.


Chapter VI Procedure and sanctions Article 40 the Commission of Ethics and dispute resolution, the county committees of ethics and disputes, Bucharest, judges and non-compliance with the laws and regulations of the specific profession of veterinary surgeon, as well as ethical and disciplinary misbehaviour of veterinarians.


Article 41 members of the College of Veterinarians who violates the laws and regulations of the specific profession of veterinary surgeon and codes of medical ethics-responsible veterinary disciplinary, depending on the severity of the violation, and shall apply one of the following sanctions: a) warning;
  

b) reprimand;
  

(c) severe reprimand;)
  

d) suspension of entitlement to pursue veterinary medicine for a period which may not exceed one year from the date of issue of the decision of the Commission;
  

e) deletion from records of the College of Surgeons, which determines the definitive prohibition to pursue veterinary medicine in Romania, which can be taken only by the Superior Commission of Ethics and dispute resolution at the Commission's proposal to the respective District of Bucharest.
  


Article 42 prefectural ethics and dispute resolution, and the municipality of Bucharest, is the first structure that solves the issues referred to in art. 40, and the Commission of Ethics and litigation represents the national forum and structure for any breach, non-observance or misconduct committed by a veterinarian and unresolved at the County.


Article 43 procedure relating to settlement of disputes and assaults perpetrated by veterinarians is laid down in the rules of procedure for the Commission of Ethics and dispute resolution, the county committees of ethics and disputes and, respectively, of the municipality of Bucharest.


Article 44 disciplinary the members of the College of Surgeons does not preclude criminal liability, civil or administrative, clerical, according to this law, in accordance with the legal provisions.


Article 45 Pursuit without any specific activities of the profession of veterinary surgeon shall constitute infringement and shall be imposed according to law.


Chapter VII final provisions Article 46


(1) control on the establishment, organization and functioning of veterinary medical practices, in whatever form, shall be exercised by the Ministry of agriculture and rural development through the national authority, the health and food safety and by College of veterinary surgeons.
  

(2) the control of compliance with legal norms in medical and veterinary services shall be exercised by the central veterinary authority and territorial, College Veterinarians or other competent bodies, in accordance with the law.
  


Article 47 the following documents shall be published in the Official Gazette of Romania, part I, and constitute the specific rules for implementing the provisions of the present law: a) the status of the veterinarian;
  

b) rules of organization and functioning of the College of veterinary surgeons;
  

(c)) code veterinary medical ethics;
  

d) Regulation on the powers and competencies of veterinarians with practising law in the performance of public duties.
  


Article 48 within 90 days after the entry into force of the present law *), General Council of the Association of veterinarians of Romania will hold its General Assembly subsidiaries and of Bucharest for the election of the county councils and the National Council of the College of veterinarians. After choosing these organs, the Assembly of veterinarians of outgoing Romania.
— — — — — — — — — * Note) Law No. 160/1998 was published in the Official Gazette of Romania, part I, no. 289 of 6 august 1998.

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