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Law No. 74 Of 6 June 1995 (Republished) Concerning The Exercise Of The Medical Profession, The Establishment, Organization And Functioning Of The College Of Physicians From Romania

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

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LEGE no. 74 74 of 6 June 1995 (** republished) (* updated *) on the exercise of the medical profession, establishment, organization and functioning of the Romanian College of Physicians ((updated until 11 October 2003 *)
ISSUER PARLIAMENTARIAN




-------------- *) The initial text was published in the OFFICIAL GAZETTE no. 650 650 of 12 December 2000. This is the updated form of S.C. "" Territorial Center of Electronic Computing " S.A. until October 11, 2003, with the modifications and additions made by LAW no. 495 495 of 11 July 2002 . ** **) Republicated pursuant to art. II of Law no. 192 192 of 6 November 2000 to amend and supplement art. 9 9 of Law no. 74/1995 on the exercise of the medical profession, the establishment, organization and functioning of the Romanian College of Physicians, published in the Official Gazette of Romania, Part I, no. 560 560 of 10 November 2000. Law no. 74 74 of 6 July 1995 was published in the Official Gazette of Romania, Part I, no. 149 149 of 14 July 1995. + Chapter 1 Exercising the profession of doctor + Section 1 General provisions + Article 1 The exercise of the profession of doctor is a right of any natural person, Romanian citizen or citizen of a Member State of the European Union, holder of the doctor's degree, issued by a medical university institution in Romania or from Abroad, equivalent to the law. The exercise of the medical profession is endorsed by the Romanian College of Physicians and authorized by the Ministry of Health. ------------- Article 1 was amended by LAW no. 495 495 of 11 July 2002 published in MONITORUL OFFICIAL no. 524 524 of 18 July 2002. + Article 2 The medical profession aims to ensure public health by preventing illness, promoting, maintaining and recovering the health of the individual and the collective. + Article 3 (1) In the exercise of the profession the doctor must prove availability, correctness, devotion and respect to the human being. (2) The doctor is not a public official during the exercise of the medical profession, by the humanitarian and liberal nature of it. + Article 4 (1) The doctor is a graduate of a medical university educational institution recognized by the law. Professional independence gives the doctor the right of initiative and decision in the exercise of the medical act and his full responsibility. (2) At the graduation of the educational institution the doctor will take the oath, in accordance with the modern formulation of Hippokrates ' oath, adopted by the World Medical Association in the framework of the Geneva Declaration of 1975: " Once admitted among the members of the doctor's profession: I solemnly pledge to consecrate my life in service to humanity I will keep my teachers the respect and gratitude they are owed; I will exercise the profession with conscience and dignity; Patients ' health will be for me sacred obligation; I will keep the secrets entrusted to patients even after their death; I will maintain by all means the honor and noble tradition of the profession of physician; My colleagues will be my brothers; I will not allow myself to interpose between my duty and the patient considerations of nationality, race, religion, party or social state; I will retain full respect for human life from its inception even under threat and I will not use my medical knowledge contrary to the laws of humanity. I take this oath solemnly, freely, on honor! " + Article 5 (1) The medical profession may be exercised by the person who fulfils the following conditions: a) is a Romanian citizen or citizen of a Member State of the European Union; b) is licensed of a medical university educational institution, under the law; c) is not found in any of the cases of undignity provided by this law; d) is medically fit for the exercise of the profession. (2) The medical profession can be exercised in Romania and by foreign citizens, under the conditions provided by this law and on a reciprocity basis established by conventions to which Romania is a party. (3) Romanian citizens residing abroad and the citizens of a member state of the European Union, who exercise the profession of doctor in Romania, have the same rights and obligations, with regard to the exercise of the profession of doctor, as well as Romanian citizens, members of the Romanian College of Physicians. ------------- Letter a) a par. ((1) art. 5 5 was amended by LAW no. 495 495 of 11 July 2002 published in MONITORUL OFFICIAL no. 524 524 of 18 July 2002. Alin. ((3) art. 5 5 was introduced by LAW no. 495 495 of 11 July 2002 published in MONITORUL OFFICIAL no. 524 524 of 18 July 2002. + Section 2 Undignity and incompatibilities + Article 6 It is unworthy to exercise the profession of physician: a) the doctor who was definitively convicted, even if he was rehabilitated, for the intentional commission of a crime against humanity or life, in circumstances related to the exercise of the profession of doctor, except those convicted under Decree no. 770/1966 * *) on the regulation of termination of pregnancy; b) the doctor to whom the punishment of the prohibition to exercise the profession has been applied, for the duration established, by judicial or disciplinary decision. ------------ * *) Decree no. 770/1966 has been repealed by DECREE-Law no. 1 1 of 26 December 1989 published in MONITORUL OFFICIAL no. 4 4 of 27 December 1989. + Article 7 The exercise of the medical profession is incompatible with: a) trade in pharmaceuticals; b) any profession or occupation likely to affect the professional dignity of the doctor or the good morals; c) inadequate health status of the medical profile, attested as such by medical certificate issued by the commission of medical expertise and work capacity recovery, according to the law; d) knowingly using medical knowledge over the health of his patient for criminal purposes. + Section 3 Authorization for the free practice of the medical profession + Article 8 (1) The exercise of the medical profession is based on the authorization of free practice, which is granted by the Ministry of Health. ((2) The authorization of free practice of the medical profession shall be granted on the basis of the following acts: a) diploma issued by an accredited medical university institution, under the law; b) the criminal record certificate; c) the health certificate; d) opinion of the Romanian College of Physicians + Article 9 (1) Doctors are entitled to a pension for their work and age limit at the age of 60 women and 65 men, except for doctors in medicine who can remain in work until the age of 65 women and 70 years of age. men. ((2) Academicians, professors, university lecturers and scientific researchers grade I and II can continue, on request, the activity up to the age of 65 women and 70 years men. The maintenance in activity, after the fulfillment of these ages, is done with the opinion of the university Senate of the Romanian College of Physicians and with the approval of the Ministry of Health and the Ministry of Education (3) Persons referred to in par. (1) may require retirement at the age of 60 men and 55 years old women, if the condition of seniority is fulfilled, as well as the other conditions provided by the state social insurance legislation. (4) Doctors who have exceeded the ages provided in par. ((1) and (2) may continue to practise, on request, with authorization of free practice, granted annually under the conditions of art. 8 8, only in the private sector. (5) Doctors in the state health network, who have reached the retirement age-60 years old women and 65 men-cannot hold administrative management positions: director in the Ministry of Health, director of the county health department, hospital director, with the exception of those from clinical hospitals and research institutes. (6) Doctors held or admitted for political reasons, in the situations provided for in art. 1 1 para. 1 1 and 2 of Decree-Law no. 118/1990 on the granting of rights to persons persecuted for political reasons of dictatorship established with effect from 6 March 1945, as well as those deported abroad or constituted in prisoners, can be maintained, on request, in the activity professional, based on the annual health certificate, until the age of 65 women and 70 years old men. These provisions also apply to doctors who, for political reasons, were obliged to interrupt their studies for a certain period, obtaining their license late, or to those who were prevented from resuming their professional activity. + Article 10 If a doctor interrupts his professional activity for a period of more than 5 years, the Romanian College of Physicians certifies his professional competence in order to resume the activity, in compliance with the provisions of art. 8 8 of this law. + Article 11 (1) The control and supervision of the medical profession is carried out by the Ministry of Health and the Romanian College of Physicians. (2) The Romanian College of Physicians, through the president of the county council, respectively of the city of Bucharest, as well as of the National Council of the Romanian College of Physicians, is entitled to exercise civil action or to refer, as appropriate, judicial bodies and the competent authorities for the prosecution and prosecution of persons who assign or use the title or the quality of physician, who are illicitly practised in medicine and to constitute themselves as a party civil or injured party, as appropriate, according to the law. + Chapter 2 Establishment, organization and functioning of the Romanian College of Physicians + Section 1 General characteristics + Article 12 (1) The Romanian College of Physicians is established as a professional, non-governmental organization, with legal personality, apolitical and non-patrimonial purpose, which represents the interests of the medical profession. The Romanian College of Physicians acts for the development of this profession and its prestige within the social life. (2) The Romanian College of Physicians has institutional autonomy and exercises its powers without the possibility of interference. (3) The Romanian College of Physicians includes all doctors, Romanian citizens, domiciled in Romania, authorized to practice the profession of doctor. Doctors who, on the date of entry into force of this law, are authorized and operate in units of the Ministry of Health or other ministries with their own health network, as well as in the private sector, are members of the College Doctors in Romania from this date. (4) The headquarters of the Romanian College of Physicians is in Bucharest. + Section 2 Romanian College of Physicians + Article 13 The Romanian College of Physicians has the following tasks: a) defend the dignity and promote the rights and interests of its members in all spheres of activity; defend the honor, freedom and professional independence of the doctor in the exercise of the profession, ensure the doctors ' compliance with the obligations return to the sick and public health; b) ensure the application of laws and regulations that organize and regulate the exercise of the profession; c) develop, adopt and supervise compliance with the Code of Medical Deontology; d) endorse the issuance of the authorization of free medical practice; e) supports the activity and development of medical scientific research and organizes scientific events; f) represents its members in relations with scientific associations and trade unions; g) collaborate with the Ministry of Health to train, specialize and improve the professional training of doctors; h) elaborates, in collaboration with the Ministry of Health, the methodology for granting professional degree and competition theme; i) act, together with the central and territorial health institutions, as in the public and private medical facilities (offices, polyclinics, hospitals) to ensure the quality of the medical act; j) organizes the adjudication of cases of deviations from the norms of professional ethics and medical deontology, as an organ of professional jurisdiction; k) supports institutions and actions of provision and medical-social assistance for doctors and their families; l) promote external relations with similar organizations and formations; m) within the Romanian College of Physicians operates commissions representing medical specialties; n) within the Romanian College of Physicians operates a commission that represents the doctors working in the health insurance system; o) endorses the authorization of installation of private medical offices and is pronounced in connection with the steps taken in order to prohibit their installation and operation, taking into account the exercise of medical activity in accordance with professional competence of the doctor, technical equipment, as well as compliance with hygiene norms; p) endorses temporary or definitive replacement licenses. + Section 3 Members of the Romanian College of Doctors. Rights and obligations + Article 14 (1) Members of the Romanian College of Physicians are registered in a register that is published periodically. (2) Doctors who are at the age of retirement remain enrolled, on request, in the Romanian College of Physicians. (3) Retired doctors, on the date of entry into force of this law, can register in the Romanian College of Physicians. + Article 15 The incomes of the Romanian College of Physicians are: a) the registration fee, the monthly contributions of the members, other funds resulting from cultural and scientific events; b) donations and sponsorships from natural and legal persons, related, editorial rights, under the law; c) other sources. + Article 16 Money funds can be used for administration expenses (personal payroll, purchase of fixed funds, household material), financing of organizational expenses, improvement of professional training, awarding of scholarships through competition doctors, helping doctors with low incomes and their families, creating institutions with philanthropic and scientific purpose and others, which are established by the National Council of the Romanian College of Physicians. + Article 17 Members of the Romanian College of Physicians are obliged: a) comply with the regulations in force regarding the exercise of the medical profession; b) to respect and apply in any circumstance the norms of professional ethics and medical deontology; c) to promptly grant emergency medical care as a fundamental professional and civic duty; d) respect the Statute of the Romanian College of Physicians; e) to apply the paraphernalia including the name, surname, degree, specialty and code on all the medical documents they sign. + Section 4 Organisation and operation + Article 18 The Romanian College of Physicians is organized at national and county level, respectively of Bucharest. + Article 19 The governing forums of the Romanian College of Physicians, at the county or Bucharest municipality level, are: the general meeting, the county council, respectively of the city of Bucharest, and the council office. + Article 20 (1) The county council has a number of members in proportion to the number of doctors registered, elected by the general assembly, as follows: -up to 500 doctors registered in the register, 11 members; -between 501 and 1,000 doctors registered in the register, 13 members; -between 1,001 and 2,000 doctors registered in the register, 19 members; -more than 2,000 doctors enrolled in the register, 21 members. (2) The council constituted at the level of the city of Bucharest consists of 23 members. (3) The county council has a number of 3-11 alternates, elected by the general assembly. + Article 21 (1) The county council, respectively of the city of Bucharest, will choose among its members an office consisting of the president, 3 vice presidents and a secretary. (2) The functions of the President, Vice-President and Secretary are incompatible with: a) the corresponding function in a professional trade b) the position of director and deputy director of the health department; c) leadership positions in the structure of the Ministry of Health (minister, secretary of state, department head, general manager, deputy director general, director and deputy director). + Article 22 (1) The members of the county council, respectively of the city of Bucharest, holders and alternates, shall be elected for a period determined by the general assembly of the representatives of the Romanian College of Physicians. (2) The choice of members shall be made by secret ballot, by simple majority, by the participation of at least two thirds of the total number of registered doctors. If the proportion of two-thirds of the total number of doctors is not achieved, at the conference for the election of the county council or Bucharest municipality, another elections conference will be held after two weeks, regardless of number of participants (3) The members of the first county council, respectively of the city of Bucharest, holders and alternates, shall be elected for a duration of 2 years. + Article 23 (1) The county council, respectively of the city of Bucharest, meets at the convocation of the president, in ordinary meetings, every two months. Exceptionally, at the request of two thirds of its members, the county council, respectively of the city of Bucharest, can be convened in extraordinary meetings. (2) The decisions of the county council, respectively of the city of Bucharest, shall be adopted by the vote of half plus one of the total number + Article 24 (1) The county council, respectively of the city of Bucharest, exercises the powers provided by law, given in its competence, at the level of the county or city of Bucharest, by the operating regulation adopted by the general assembly of the Doctors in Romania. (2) In order to exercise their duties, the county council, respectively of the city of Bucharest, operates in commissions, chosen by the respective general assembly, by fields of activity or on medical specialties, in accordance with the operating regulation adopted by the general assembly of the Romanian College of Physicians. + Article 25 The management of the Romanian College of Physicians, at national level, is exercised by: a) general meeting; b) the national council; c) Executive Office. + Article 26 (1) The general assembly of the Romanian College of Physicians is made up of representatives elected by the general assembly from each county and from Bucharest, by direct and secret ballot. The norm of representation is 1 to 100. (2) The General Assembly of the Romanian College of Physicians meets annually. + Article 27 The General Assembly adopts the Code of Medical Deontology and the Regulation on the organization and functioning of the Romanian College of Physicians, in the presence of at least two thirds of the elected representatives. + Article 28 The Romanian College of Physicians, between the sessions of the general assembly, is led by the National + Article 29 (1) The National Council of the Romanian College of Physicians is made up of one representative of each county, from 3 representatives of the city of Bucharest and from one representative of the doctors from each ministry who has a health network Own. Apart from these, the National Council of the Romanian College of Physicians can be assisted, with an advisory role, by a representative of the Academy of Medicine, the Ministry of Health, the Ministry of Labour, Social Solidarity and Family and Justice Ministry. (2) For the establishment of the National Council of the Romanian College of Physicians, the presence of at least two thirds of the representatives established in par. ((1). + Article 30 The decisions of the National Council of the Romanian College of Physicians are validated by the vote of at least two thirds of its members. + Article 31 The tasks of the National Council of the Romanian College of Physicians a) elaborates the Code of medical deontology, as well as the Regulation on the organization and functioning of the Romanian College of Physicians, within 6 months from the establishment of the National Council of the Romanian College of Physicians; b) fixes the fee to be paid by each doctor to the county council or the city of Bucharest, establishing the part of this fee to be transferred to the National Council of the Romanian College of Physicians; c) manages the goods of the Romanian College of Physicians and can create and subsidize actions by taking care of the medical profession, actions of aid or sponsorship; d) control the management of the county council, respectively of the city of Bucharest, which must inform it about all financial actions; e) settle, within 30 days from the registration, as the superior court, the appeals made against the decisions given by the county councils, respectively of the city of Bucharest, in accordance with its own regulations. + Article 32 Within the National Council of the Romanian College of Physicians operates several commissions whose number, competences, as well as the operating regulations are established by him. + Article 33 (1) The Executive Office of the Romanian College of Physicians shall ensure its permanent activity, in accordance with its own law and regulations. (. The Executive Office shall be composed of a President, 3 Vice-Presidents and a Secretary-General + Article 34 The National Council of the Romanian College of Physicians will be consulted by the Ministry of Health in the elaboration of health programs and normative acts. + Article 35 (1) The employment contract of the person exercising a leading position in the executive office of the county council, respectively of the city of Bucharest, and of the National Council of the Romanian College of Physicians shall be suspended, at the request of the person the cause, while he performs that function, with the maintenance of the job. (2) The person in a situation referred to in par. (1) benefit from seniority, the period being thus considered. + Section 5-a Procedures and sanctions + Article 36 Through the deontology commission and through the specialized committees of the county council, respectively of the city of Bucharest, and of the National Council, the Romanian College of Physicians judges the disputes and deontological and disciplinary deviations of Doctors. + Article 37 (1) The members of the Romanian College of Physicians, who violate the sworn oath, the specific laws and regulations on the exercise of the medical profession and do not comply with the Code of medical deontology, respond disciplinarily according to the gravity of the deviation One of the following sanctions will be applied: a) reprimand; b) warning; c) vote of blame; d) temporary suspension, for a period of 6-12 months, of the membership of the Romanian College of Physicians; e) the withdrawal of the membership of the Romanian College of Physicians and the proposal to the Ministry of Health for the withdrawal of the authorization to practice the medical profession (2) Sanctions referred to in lett. a)-c) shall be applied by the county council, respectively of the city of Bucharest, for their members. ((3) Sanctions referred to in lett. d) and e) shall be applied by the National Council of the Romanian College of Physicians, only after having carried out a specialized expertise by a commission made up of at least five specialists, from the specialty of the person concerned, approved by At the proposal of the specialist committees. (4) The conclusions of the investigation and the sanctions applied shall be communicated within 24 hours, necessarily, to the Ministry of Health and to the legal person with whom the sanctioned doctor has concluded the employment contract and who decide, as the case may be, on their basis, with on the authorization of free practice of the profession of doctor, as well as on the employment contract. (5) The county council, respectively of the city of Bucharest, represents the first instance, and the National Council of the Romanian College of Physicians, the court of appeal, for any dispute or misconduct committed by the doctor. + Article 38 (1) Against the sanctions provided for in art. 37 37 para. ((1) lit. a)-c) an appeal may be brought to the competent deontological commission, within 30 days from the communication of the sanction. (2) Against the sanctions provided for in art. 37 37 para. ((1) lit. d) and e) it can be appealed to the court within which the sanctioned doctor carries out his activity, within 30 days from the communication of the sanction. + Article 39 Disciplinary liability of the members of the Romanian College of Physicians, according to this law, does not exclude criminal, contravention, civil or material liability, according to the legal provisions. + Article 40 After a period of one year following the issuance of the decision to suspend the authorization of free medical practice, the doctor concerned may request a review of the decision. In case of rejection, a new application can only be made after one year. + Article 41 Practicing the profession of a doctor by a person who does not have this quality constitutes a crime and is punished according to the criminal law. + Chapter 3 Transitional and final provisions + Article 42 The Ministry of Health has the obligation to provide to the designated electoral commissions for the organization of the Romanian College of Physicians the nominal record of doctors in Romania, according to the annex to this law, within 30 days from its publication in the Official Gazette of Romania. + Article 43 (1) Until the election of the first county council of the Romanian College of Physicians, respectively of the city of Bucharest, the applications for registration in the college shall be submitted to the respective electoral commissions, following that, within 6 months from the same date, Ministry of Health to issue authorization for free medical practice. (2) The first elections will be organized by designated electoral commissions, in which the county health departments and the city of Bucharest, on the one hand, and the county branches of the doctors ' unions, existing on the date of entry into force of the present laws, on the other hand, have an equal number of representatives. The electoral commissions are made up of 6 members. (3) At the level of the country will be organized a central electoral commission, in which the Ministry of Health will have 3 representatives, the doctors ' unions, as a whole, 3 representatives and ministries with their own health network a representative. The activity of this commission consists in the validation of the county elections and in the organization of the elections on the country; its activity ceases with the legal constitution of the first general meeting of the Romanian College + Article 44 The local administration, through the county councils, will provide the appropriate spaces for the county councils, respectively of Bucharest, of the Romanian College of Physicians, and for the National Council of the College of Physicians of Romania, within 60 days of the entry into force of this Law. + Article 45 The duties of the Romanian College of Physicians cannot be exercised by any other medical professional association. Members of the College of Physicians may also belong to other professional associations. + Article 46 The Annex forms an integral part of this Law + Article 47 This law shall enter into force within 30 days of its publication in the Official Gazette of Romania. + Article 48 On the date of entry into force of this Law, art. 79 79 para. ((1), art. 80 80 and 81 of Law no. 3/1978 on health insurance, Government Decision no. 220/1992 on the approval of the basic principles of the Romanian Doctor's Statute, as well as any other provisions to the contrary. + Annex Doctor's name and surname ...................................... Date of birth ...................................................... Speciality and professional degree ................................ Scientific title .................................................. Promotion ........................................................... Job ..................................................... Address and telephone number ....................................... ---------------