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Law No. 519 12Th July 2002 Approving Government Emergency Ordinance Nr. 102/1999 Concerning Special Protection And Employment Of Persons With Disabilities

Original Language Title:  LEGE nr. 519 din 12 iulie 2002 pentru aprobarea Ordonanţei de urgenţă a Guvernului nr. 102/1999 privind protecţia specială şi încadrarea în munca a persoanelor cu handicap

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LEGE no. 519 519 of 12 July 2002 for approval Government Emergency Ordinance no. 102/1999 on the special protection and employment of persons with disabilities
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 555 555 of 29 July 2002



The Romanian Parliament adopts this law + Article UNIC Approval Government Emergency Ordinance no. 102 102 of 29 June 1999 on the special protection and employment of persons with disabilities, published in the Official Gazette of Romania, Part I, no. 310 of 30 June 1999, with the following amendments and additions: 1. In Article 1, paragraphs 1 and 3 shall read as follows: "" Art. 1. -(1) Persons with disabilities, within the meaning of this emergency ordinance, are those persons to whom the social environment, not adapted to their physical, sensory, mental, mental deficiencies, totally prevents them or limits their access with equal opportunities to life social, age, gender, material, social and cultural factors of their own, requiring special protection measures in support of their social and professional integration. ................................................................... (3) The special protection measures shall apply on the basis of classification into categories of persons with disabilities, in relation to the degree of disability, established following the evaluation carried out by the medical expertise committees of persons with disabilities for adults, according to the criteria established by order of the Minister of Health and For children with disabilities the criteria for framing in the degrees of disability are established by joint order of the Minister of Health and Family and the Secretary of State of the National Authority for Child Protection and Adoption. The orders will be published in the Official Gazette of Romania, Part I. " 2. Article 2 shall read as follows: "" Art. 2. -(1) Ending in a category of persons with disabilities requiring special protection in relation to the degree of disability attests, both for adults and children, according to the criteria of anatomo-clinical diagnosis, functional diagnosis and Work and self-service assessment. The degree of disability-easy, medium, stressed and serious-is attested by the certificate issued by the medical expertise commissions of persons with disabilities for adults provided for the head. V, respectively by the child protection committees, in the case of children with disabilities. (2) For the purposes of this emergency ordinance, the child means the person who has not reached the age of 18 and who has no full capacity for exercise. (3) With the issuance of certificates of employment in degrees of disability, the medical expertise commissions of persons with disabilities for adults, namely the child protection commissions, in the case of children with disabilities, have the obligation to develop a individual programme of recovery, readjustment and social integration, providing for the medical, educational, professional and social actions necessary for the recovery, readjustment, training and integration or social reintegration of the person with disabilities. (4) For the elaboration of the individual program of recovery, readjustment and social integration the commissions of medical expertise of persons with disabilities for adults, respectively the commissions for child protection, in the case of children with disabilities, will Necessarily consult with the disabled person and, as the case may be, with its legal representatives, as well as with specialists from different fields, depending on the specifics of each case. (5) The Secretariat of State for Persons with Disabilities, the authorities of the central specialized public administration and of the local public administration have the obligation to ensure, on the basis of the legal provisions in force, the necessary conditions for the achievement of the individual recovery, readjustment and social integration programme for each disabled person. " 3. In Article 3, paragraph 1 shall read as follows: "" Art. 3. -(1) The realization of special protection measures of persons with disabilities, provided for by this emergency ordinance, is organized, coordinated and controlled by the State Secretariat for Persons with Disabilities, specialized body of central public administration subordinated to the Ministry of Health and Family. " 4. Article 6 shall read as follows: "" Art. 6. -(1) Special protection institutions for persons with disabilities shall be established and operated as institutions of public interest in the form of a centre-pilot, care and assistance centres, recovery and rehabilitation centres, integration centres by occupational therapy, family-type protected housing, day care centers, early intervention centers, as well as in other specific forms, with the opinion of the Ministry of Health and Family, at the proposal of the State Secretariat for Persons with Disabilities. ((2) The special protection institutions of persons with disabilities, in the coordination of the Secretariat of State for Persons with Disabilities, are set out in the Annex which forms an integral part of this Emergency Ordinance. " 5. Article 7 shall read as follows: "" Art. 7. -(1) Special protection institutions, provided for in art. 6, as well as those that will be established later have legal personality and are in the coordination of the State Secretariat for Persons with Disabilities. ((2) The financing of the special protection institutions of persons with disabilities, as set out in the Annex, shall be ensured from: the own contributions of the beneficiaries or their maintainers, which will be paid into the account of the centres, amounts allocated from budgets of local public administration authorities and other income under the law. (3) The framework regulation for organization and functioning for each type of special protection institution of persons with disabilities, provided in art. 6, is approved by Government decision, at the proposal of the Minister of Health and Family. ((4) The salary of staff of special protection institutions of persons with disabilities shall be determined according to the legislation applicable to employees of the budgetary system. " 6. In Article 8, letter a) shall read as follows: "a) Government decision, on the proposal of the Minister of Health and Family;" 7. Article 9 shall read as follows: "" Art. 9. -(1) The special protection institutions of persons with disabilities may also be established jointly by several institutions and legal entities among those mentioned in art. 8 8, by association contract. ((2) The Association Agreement shall be concluded between the principal authorising officers, in the case of county councils, local councils, the Ministry of Health and Family and other bodies of the specialized central public administration, and the representatives of the legal persons legal persons. ((3) The Association Agreement must provide for the financial sources representing the contribution of each party to the support of the investment and operating expenses of the special protection institution established by association, the duration of the association and how to manage the institution's heritage. The Association Framework Agreement shall be established by order of the Minister of Health and the Family. ' 8. Article 10 shall read as follows: "" Art. 10. -(1) The special protection institutions of persons with disabilities established with the opinion of the Ministry of Health and Family, at the proposal of the State Secretariat for Persons with Disabilities, are in its coordination. (2) The Secretariat of State for Persons with Disabilities shall exercise its coordination task by: developing rules and methodologies on the organization and functioning of special protection institutions of persons with disabilities; from the position of persons with management positions; provision of training and professional training of specialized personnel; verification of compliance with the provisions of this emergency ordinance and other normative acts relating to their work; to support the development of these institutions with the strategy and national programmes for the special protection of persons with disabilities. (3) The State Secretariat for Persons with Disabilities controls the work of all special protection institutions of persons with disabilities in its coordination, informing the Ministry of Health and Family and, as the case may be, the Court of Auditors on the negative aspects found. " 9. In Article 11, paragraph 1 shall read as follows: "" Art. 11. --(1) Buildings of public, cultural, sports or leisure institutions, dwellings built from public funds, public transport, public telephones, and access routes will thus be set up. to allow the unhindered access of persons with disabilities. Heritage and historical buildings will be set up respecting the architectonic characteristics. " 10. Article 12 shall read as follows: "" Art. 12. -The authorities provided by the law will issue the building permit for public buildings to be built, only under the conditions of compliance with the normative in the field, approved by order of the Minister of Public Works, Transport and the home and published in the Official Gazette of Romania, Part I. I take exception to this provision personal constructions and their annexes. " 11. in Article 13, after paragraph 2, paragraphs 3 and 4 are inserted as follows: " (3) As of the date of entry into force of the law approving this emergency ordinance, the provisions of the normative referred to in art. 12, for the homes that will be built or will be repaired from funds from the state budget. (4) At least 4% of the dwellings built from the funds from the state budget will be adapted, at the latest until December 31, 2010, in accordance with the normative mentioned in art. 12 12. " 12. Article 14 shall read as follows: "" Art. 14. -Until December 31, 2002 all public phones will be mounted and arranged in compliance with the provisions of the normative mentioned in art. 12 12. " 13. Article 15 shall read as follows: "" Art. 15. -(1) From the date of entry into force of the law approving the present emergency ordinance the mimic-gestural language and the specific language of the person with deafblindness are officially recognized. (2) Public institutions shall ensure, where appropriate, for direct relations with persons with hearing impairments or with deaf-blindness, authorized interpreters of mimic-gestural language or specific language of the person with deafblindness. The procedure and conditions of authorization will be established by joint order of the Minister of Education and Research and the Minister of Health and Family, in consultation with the Association of the Deaf in Romania 14. Article 16 shall read as follows: "" Art. 16. -(1) Within 180 days from the date of entry into force of the law approving this emergency ordinance, in the parking spaces of the institutions of public interest will be arranged, reserved and signposted by the international sign minimum 4% of the total number of parking spaces, but not less than two places for free parking of the means of transport of persons with disabilities; at the same time, in the parking spaces of the public domain and as close to home as possible their administrator will allocate free parking spaces to disabled people who have requested and need such parking. (2) By December 31, 2003 all organized parking spaces will have arranged, reserved and signposted by international sign at least 4% of the total number of parking spaces, but no less than two places for parking free of the means of transport of persons with disabilities. (3) It is forbidden to park other means of transport on parking spaces arranged, reserved and signposted by the international sign for persons with disabilities. (4) By December 31, 2010 all stations of public transport will be arranged to allow unhindered access of persons with disabilities, in accordance with the provisions of the normative referred to in art. 12. (5) By December 31, 2005 local public administration authorities have the obligation to mount audible and visual signalling systems for persons with disabilities at pedestrian crossings, as well as display panels in the means of transport public and on public roads. " 15. In Article 17, paragraphs 1 and 2 shall read as follows: "" Art. 17. -(1) As of 1 January 2004, all public transport companies or regions, urban or interurban, have the obligation to purchase means of transport specially adapted for the unhindered access of persons with disabilities. (2) Within a maximum of 2 years from the date of entry into force of the law approving the present emergency ordinance the manufacturers of public transport have the obligation to introduce in manufacturing means of transport in common adapted to the access unhindered persons with disabilities. " 16. Article 17 (4) shall be repealed. 17. Article 18 shall read as follows: "" Art. 18. -(1) In order to ensure equal opportunities in social life, children with disabilities benefit from the following rights: a) free and equal access to any ordinary educational institution, in relation to the functional backlog and the potential recovery, in compliance with the provisions of the legislation in the field of education; b) school preparation at home of children with disabilities, non-displaced, during the compulsory education provided by law; school preparation at the home of children with disabilities, non-displaced, will be determined according to the norms that will be approved by joint order of the Minister of Health and Family and of the Minister of Education and Research, with the opinion of the Ministry of Public Finance, which will be published in the Official Gazette of Romania, c) state allowance for children with disabilities, under the conditions and in the amount provided by law, increased by 100%; d) maintenance allowance for children with disabilities, in family placement or entrusted, according to the law, to a family or a private body authorized according to the law, in the amount provided by law, increased by 50%; e) free resting places in camps for preschool children, students and students with disabilities, once a year, according to the conventions concluded between the State Secretariat for Persons with Disabilities and the Ministry of Education and Research; f) personal assistant for the severely disabled child, employed by the local public administration authorities, with the opinion of the territorial state inspectorate for persons with disabilities, based on the recommendations of the social survey carried out by a commission within the specialized compartment of the city hall in whose territorial area the child with serious disability is domiciled or residing; parents or legal representatives of the severely disabled child may opt to receive an allowance equivalent to the net salary of the junior social worker in the budget units or for personal assistant; the method of payment of the allowance will be established by joint order of the Minister of Health and Family and the Minister of Public Administration, with the opinion of the Ministry of Public Finance, which will be published in the Official of Romania, Part I; g) entrance tickets to performances, museums, artistic and sports events, under the same conditions as for students and students or military in term; h) medical assistance for the disabled child, under the conditions Health insurance law no. 145/1997 , with subsequent amendments and completions; i) free obtaining of prostheses, crutches, orthopedic boots, trolleys from the Health Insurance Fund, managed by the health insurance companies that the insured belongs to, and the insurance, with priority and in conditions advantageous, hearing aids and cardiac implants; j) the gratuity of urban transport by means of public transport of surface or metro, for children with disabilities accentuated and serious and for their personal assistants, granted on the basis of a social survey carried out by the assistant social within the specialized department of the city hall in whose territorial area the child with disabilities is domiciled or residing; the way of granting gratuity and its amount shall be established by joint order of the Minister health and family and minister of public works, transport and housing, with The opinion of the Ministry of Public Finance, which will be published in the Official Gazette of Romania, k) the gratuity of interurban transport, of choice, with train of persons, 2nd class, with buses or with ships for river transport, within 12 round trips per year for children with serious disabilities and for personal assistants of and within 6 round trips per year for children with disabilities accented and for their companions; children with kidney problems who require hemodialysis in localities other than their domicile, as well as personal assistants of they benefit from gratuity and above the mentioned limit, depending on the recommendation of the center on dialysis; l) monthly food allowance for children sick with AIDS, calculated on the basis of the daily food allowance established for collective consumption in public health facilities. (2) The person who has a disabled child in care, supervision and maintenance benefits from the following rights: a) paid leave for the care of the disabled child, until his/her fulfillment of the age of 3 years; b) sick leave for the care of children with disabilities stressed or serious, who require treatment for intercurrent conditions, until the children's fulfillment of the age of 18; c) the gratuity of the accommodation and meals services for the person accompanying the severely disabled child in the hospital, on the territory of Romania, on the recommendation of the specialist doctor; Health and Family and National Health Insurance House; d) exemption from payment of subscription fees for the person holding the radio and television device, if the child has serious disability; e) priority to the installation of the telephone station and the payment exemption by phone with 100 impulses included, as well as the cost of 400 impulses for the blind, if the child has serious or accentuated disability; they will be established by norms approved by joint order of the Minister of Health and Family and the Minister of Communications and Information Technology, with the opinion of the Ministry of Public Finance, to be published in the Official Gazette of Romania, Part I; f) priority to renting, building and buying homes from the state fund, under the law, if the child has an accentuated or serious disability; g) the establishment of rent, under the law, on the basis of rental contracts for housing areas with a state owned dwelling or its administrative units, at the minimum rate provided by law, if the child has Stressed or serious disability. (3) The rights provided in par. ((2) lit. a) and b) benefit, upon request, one of the parents or persons who have adopted, who have been entrusted with children to growth and education or family placement, if insured under the state social insurance system or if they are military personnel in activity. (4) Persons referred to in par. (3) benefit from the rights provided in par. ((2) lit. a) and b) in a situation where they do not have at the same time the quality of personal assistant. (5) The rights provided in par. ((1) lit. b)-f) and in par. ((2) lit. a)-g) cannot benefit children with disabilities or persons who have in care, supervision and maintenance a child with disabilities who are in special educational institutions, social assistance and special protection or in other institutions of character social in which they are provided with complete maintenance from the state. (6) The rights provided in par. ((1) lit. l) can benefit the child from AIDS only while he is cared for in the family. " 18. Article 19 shall read as follows: "" Art. 19. -(1) In order to ensure the right to social security, as well as the right to health protection and training, adults with disabilities benefit from the following rights: a) adults with severe and stressed disabilities, if they have no other income except for the survivor's pension, benefit from a monthly allowance of 50% of the gross minimum wage per country, for the duration of the disability; those with incomes up to this amount receive the difference up to the level of the monthly allowance; for conditions that create irreversible disability the monthly allowance is established for the duration of life; b) blind persons with serious disabilities benefit from a monthly income in the form of a social allowance in the amount of 1,279,000 lei, regardless of age and income made from salaries, for the duration of the serious disability, which will be updated, annually, by government decision, depending on the index of the increase in consumer prices; those with increased disabilities benefit from a monthly income in the amount of 50% of the income established for those with serious disabilities, for the duration of the disability; who cumulates the salary with the old-age pension, with the I.O.V.R. pension or with the pension for the loss of work capacity will opt for one of these or for the social allowance; the blind who do not carry out salarized activity cumulates the social allowance with one of the other pensions established according to the law; the blind with serious disability receives for payment of the attendant, defined at art. 1 of Government Decision no. 610/1990 on the granting of rights to blind persons, with subsequent amendments and completions, an allowance equivalent to the net salary of the junior social worker in budgetary units; the blind may opt for the personal assistant or for accompanying; c) personal assistant for the severely disabled adult, employed by the local public administration authorities, with the opinion of the territorial state inspectorate for persons with disabilities, based on the recommendations of the social survey carried out by a commission within the specialized department of the city hall in whose territorial area the adult with serious disability is domiciled or residing; the severely disabled person or its legal representatives, except for the blind, may opt for receiving an allowance equivalent to the net salary of the social worker debuting from budget units or for personal assistant; the method of payment of the allowance will be established by joint order of the Minister of Health and Family and the Minister of Public Administration, with the opinion of the Ministry of Public Finance which will be published in the Official Gazette of Romania, Part I; d) introduction into the country, once every 8 years, of choice, of motorcycles, mopeds or cars, in the use of the disabled person accentuated or serious or, as the case may be, of the family who has in care a person with disabilities emphasized or serious, with exemption from payment of customs duties; customs duties and aid-compensatory materials, generically called tiflotechnic; are exempt from the payment of customs duties; their list and the conditions for granting the provided facilities shall be established by Government decision, at Proposal of the Ministry of Health and e) exemption from the payment of subscription fees for severely disabled adults, holders of radio and television devices; this facility also benefits persons who have severely disabled persons in maintenance, if they live together; f) priority to the installation of telephone station and payment exemption by phone with 100 impulses included, as well as the cost of 400 impulses for the blind, both for adults with serious and stressed disabilities, and for families to them, if they have the common domicile; the modalities for their settlement will be established by norms approved by joint order of the Minister of Health and Family and the Minister of Communications and Information Technology, with the Public Finance, which will be published in the Official Gazette of Romania, Part I; g) the gratuity of urban transport by means of public transport of surface or metro, for adults with disabilities accentuated and serious and for their personal assistants, granted on the basis of a social survey carried out by the assistant social within the specialized department of the city hall in whose territorial area the adult with disabilities is domiciled or residing; the way of granting gratuity and its amount shall be established by joint order of the Minister health and family and minister of public works, transport and housing, with The opinion of the Ministry of Public Finance, which will be published in the Official Gazette of Romania, h) the gratuity of interurban transport, of choice, with train of persons, class II, with buses or with ships for river transport, within 12 round trips per year for severely disabled adults and for personal assistants of and within 6 round trips per year for adults with disabilities accented and for their companions; adults with kidney problems who require hemodialysis in localities other than their domicile, as well as personal assistants of they benefit from gratuity and above the mentioned limit, depending on the recommendation the dialysis centre; i) school training at home, during the compulsory general education, on request, of severely disabled, non-displaced adults, according to the norms to be approved by joint order of the Minister of Health and Family and the Minister of Education and research, with the opinion of the Ministry of Public Finance, to be published in the Official Gazette of Romania, Part I; j) medical assistance, in accordance with the provisions Law no. 145/1997 , with subsequent amendments and completions; k) free medicines for both outpatient treatment and hospitalization; l) free treatment tickets, within the limits of existing possibilities, in spa resorts, based on the regulations established by the Ministry of Health and Family; m) free obtaining of prostheses, crutches, orthopedic boots, trolleys, at the standard price established by the National Health Insurance House, and ensuring, with priority and on favorable terms, hearing aids and implants cardiac; n) the granting of an additional room, under the law, on the basis of rental contracts for housing areas with a state owned dwelling or its administrative units, at the request of persons with serious disabilities, as well as families who are dependent on a severely disabled child; o) the establishment of rent, under the law, on the basis of rental contracts for housing areas with housing destination, owned by the state or its administrative units, at the minimum rate provided by law, if the person has stressed or serious disability; p) priority to renting, building and buying homes from the state fund and distribution, on request, of apartments at lower levels of buildings, for persons with increased or serious disabilities; q) for blind persons with serious disabilities who make salary incomes on the basis of an individual employment contract, a monthly allowance of 200,000 lei is granted, borne from the budgetary appropriations allocated with this destination; r) for severely disabled blind persons are granted exemption from the payment of the fee for the electric current subscription; the settlement of the subscription is made on the basis of supporting documents within the budget appropriations allocated with this destination; the documents justifying, as well as the method of settlement are established by joint order of the Minister of Health and Family and of the Minister of Industry and Resources, with the opinion of the Ministry of Public Finance, which will be published Romania, Part I; s) the granting of 25% of the social housing fund to persons with serious disabilities, according to the laws in force. (2) The rights provided in par. ((1) lit. a), c), d), e), f), n), o), p), q), r) and s) cannot benefit persons with disabilities who are in special education institutions, social assistance and special protection or other social institutions, in which they are provided with maintenance complete from the state. (3) Persons with serious disabilities who also have the status of invalidity pensioners the first degree may choose between the allowance for the attendant provided by art. 61 61 of Law no. 19/2000 on the public pension system and other social security rights, with subsequent amendments and completions, or for personal assistant. The right of option is also maintained in the case of the passage of invalidity pensioners to the old-age pension. " 19. Article 20 shall read as follows: "" Art. 20. -(1) Rights granted according to art. 18 18 para. ((1) lit. c) and e), art. 18 18 para. ((2) lit. c) and art. 19 19 para. ((1) lit. a), b), e), f) and h) shall be borne from the state budget. (2) Rights granted according to art. 18 18 para. ((1) lit. f) and j) and art. 19 19 para. ((1) lit. c) and g) shall be borne from local budgets. (3) Rights granted according to art. 18 18 para. ((1) lit. d) shall be borne from the state budget through the budget of the Ministry of Labour and Social Solidarity. (4) Rights granted according to art. 18 18 para. ((2) lit. a) and b) shall be borne from the state social insurance budget. ((5) The amounts necessary to cover the expenses provided for in art. 19 19 para. ((1) lit. j), k), l) and m) shall be borne from the Health Insurance Fund, managed by the health insurance companies that the insured belongs to. The settlement modalities will be established by joint order of the Minister of Health and Family and the President of the National Health Insurance House, with the opinion of the Ministry of Public Finance, which will be published in the Official Gazette Romania, Part I. " 20. In Article 21, points a) and b) shall read as follows: " a) to present themselves to the committees of medical expertise of persons with disabilities for adults, which operate under the territorial state inspectorates for persons with disabilities, provided for the head. V, respectively at the child protection committees, for the classification in a category of persons with disabilities that require special protection in relation to the degree of disability, as well as to the periodic reassessment, according to the criteria provided in art. 1 1 para. ((3); b) to follow the individual program of recovery, readjustment and social integration established by the medical expertise commissions of persons with disabilities for adults, respectively the child protection commissions, under the supervision of social workers from the territorial state inspectorates for persons with disabilities or non-governmental organizations authorized, according to the law, to carry out special protection activities of persons with disabilities, who collaborate with these inspected; ' 21. The title of Chapter V shall read as follows: "" Organization and operation of the medical expertise commissions of persons with disabilities for adults " 22. Article 22 shall read as follows: "" Art. 22. -(1) For the framing of adults in a category of persons with disabilities requiring special protection, in relation to the degree of disability, shall be established, at the county level and of the sectors of the city of Bucharest, commissions of medical expertise of people with disabilities for adults. (2) The commissions referred to in par. (1) have the following component: -a president, a specialist in the expertise of work capacity, appointed by the State Secretariat for Persons with Disabilities, at the proposal of the territorial state inspectorate for persons with disabilities; -two members, specialized doctors, depending on the condition that produces the disability, designated by the management of the territorial state inspectorates for persons with disabilities; -a member with observer status, designated by non-governmental organizations authorized according to the law, which carry out special protection activities of persons with disabilities in the county or in the sectors of Bucharest; -a secretary designated by the heads of the territorial state inspectorates for persons with disabilities. " 23. Article 23 shall be repealed. 24. Article 24 shall read as follows: "" Art. 24. -The president and members of the commissions provided in art. 22 are entitled to a meeting allowance. The monthly amount of the meeting allowances, for each member of the commission, except the member with observer status, may not exceed the amount of the average net earnings per economy, communicated by the National Institute of Statistics, corresponding to January of each year. " 25. Article 25 shall read as follows: "" Art. 25. -Commissions of medical expertise of persons with disabilities for adults, provided in art. 22, operates under the territorial state inspectorates for persons with disabilities. " 26. Article 26 shall read as follows: "" Art. 26. -(1) The medical expertise committees of persons with disabilities for adults are in the coordination of the Higher Commission of Medical Expertise of Persons with Disabilities for Adults, which will operate in addition to the State Secretariat for Persons with Handicap. (2) The higher commission of medical expertise of persons with disabilities for adults has the following component: -a president, medical expert and work capacity recovery, employed by the State Secretariat for Persons with Disabilities, through the competition; -a member, a specialist doctor depending on the condition that produces the disability; -a member, a doctor from the National Institute of Studies and Strategies on Issues of Persons with Disabilities; -a secretary, hired by the contest of the State Secretariat for Persons with Disabilities. (3) Non-permanent members, convened according to the needs of the commission, are: -a representative of the Ministry of Health and Family; -a representative of the Ministry of Labour and Social Solidarity; -a representative of the National Institute of Medical Expertise and Work Capacity Recovery; -a representative of the National Institute of Forensic Medicine "Mina Minovici" Bucharest; -a representative of the State Secretariat for Persons with Disabilities. ((4) The members of the commission referred to in paragraph (2) and (3) benefit from a meeting allowance under the conditions of art. 24. (5) The President and the Secretary of the Higher Commission for the Medical Expertise of Persons with Disabilities for Adults work permanently, with daily work hours. 27. Article 27 shall read as follows: "" Art. 27. -(1) The inclusion or rejection of the classification in a category of persons with disabilities, which requires special protection in relation to the degree of disability, shall be attested by the certificate issued by the commissions provided for in art. 22. The issuance of the certificate is exempt from stamp duty. (2) Certificates issued according to par. (1) may be challenged, within 30 days of communication, to the Higher Commission of Medical Expertise of Persons with Disabilities for Adults. The appeal will be resolved by decision, within 45 working days from the date of registration. (3) Decisions issued by the Higher Commission for the medical expertise of persons with disabilities for adults can be attacked according to Law of Administrative Litigation no. 29/1990 , with subsequent amendments and completions, the applications to the court being exempt from the stamp duty. " 28. Article 28 shall read as follows: "" Art. 28. -The meeting allowances provided for in art. 24 and to art. 26 26 para. ((4) shall be borne by the budgetary appropriations allocated with this destination. " 29. Article 29 shall read as follows: "" Art. 29. -The regulation of organization and functioning of the commissions provided for in art. 22 and 26 are approved by order of the Secretary of State of the State Secretariat for Persons with Disabilities, within 90 days from the date of publication of the law approving the present emergency ordinance in the Official Gazette of Romania, Part I. " 30. Article 30 shall read as follows: "" Art. 30. -In the case of issuing certificates of employment in a category of persons with disabilities requiring special protection in relation to the degree of disability, without complying with the criteria established by order of the Minister of Health and Family, members commissions of medical expertise of persons with disabilities for adults, respectively of child protection commissions, will be obliged, under the law, to: refund of the meeting allowances collected for participation in the activity commissions; the final exclusion from these commissions; the support of the amounts representing the rights collected unearned by the beneficiaries, as a result of their compliance with non-compliance with the legal provisions. " 31. In Article 31, paragraphs 1 and 3 shall read as follows: "" Art. 31. -(1) The personal assistant of the disabled person is the person supervising, providing assistance and care to the child or adult with serious disability. .................................................................. (3) The personal assistant shall carry out his activity on the basis of the individual employment contract, concluded with the local public administration authorities in whose territorial area the person with serious disability is domiciled or residing. " 32. In Article 32, paragraph 1 shall read as follows: "" Art. 32. -(1) The personal assistant of the person with disabilities is salarized in relation to the legal provisions regarding the salary of the junior social worker, with secondary education, from the budget units. " 33. In Article 33, the introductory part and letter a) shall read as follows: "" Art. 33. -The personal assistant has, in relation to the person with disabilities to whom he grants supervision, assistance and care, the following obligations: a) to provide the person with disabilities all the activities and services provided for in the individual employment contract concluded with the public authorities provided in art. 31 31 para. ((3); ' 34. Article 34 shall read as follows: "" Art. 34. -Violation of any of the obligations provided in art. 33 and those provided for in the individual employment contract attract the legal liability of the personal assistant, under the law. " 35. in Article 36, after paragraph 3, paragraph 4 is inserted as follows: " (4) For the purposes of this emergency ordinance and only in the context of employment, the person with disabilities is also understood to be the invalid person third degree; by individual employment contract is also understood the individual convention on relations of work from craft cooperative organizations, and the employee is also understood as a cooperative member. " 36. Article 37 shall read as follows: "" Art. 37. -(1) Natural or legal persons who employ persons with disabilities may set up protected units. Protected units may be: a) economic agents with legal personality, regardless of the form of organization and ownership, who have at least 30% of the total number of employees with disabilities classified with individual employment contract; b) sections, workshops or other structures without legal personality within the economic agents or non-governmental organizations, which have their own accounting and at least 30% of the total number of employees with disabilities with an individual employment contract; c) family associations, non-profit associations or foundations, constituted by at least one person with disabilities, as well as the disabled person who is authorized, according to the law, to carry out independent economic activities, provided the payment the social security contributions provided for by the law; the criteria for the classification and the authorization of these units shall be established by joint order of the Minister of Health and Family and of the Minister of Labour and Social Solidarity, with the opinion The Ministry of Public Finance, which will be published in the Official Gazette of Romania, Part I. (2) For the purposes of this emergency ordinance, the centers of integration through occupational therapy under the coordination of the State Secretariat for Persons with Disabilities are also understood through protected units. " 37. Article 38 shall read as follows: "" Art. 38. -(1) Protected units provided for in art. 37 shall enjoy the following rights: a) exemption from corporation tax, provided that at least 75% of the fund obtained by exemption is reinvested for the purchase of technological equipment, machinery, machinery, work facilities and/or for the arrangement of jobs protected; b) exemption from the payment of customs duties on imports of raw materials, materials, semi-finished products, machinery and parts thereof necessary for the production process; it is forbidden to dispose them for 5 years, under penalty of payment retroactive duty rates; c) exemption from T.V.A. of operations carried out in authorized protected units; d) other facilities that may be granted by the local public administration authorities from their own funds. (2) Annual or whenever necessary the State Secretariat for Persons with Disabilities together with the Ministry of Public Finance will control how the protected units used the amounts resulting from the rights they benefited from, being able to The authorization to operate as protected units in case of non-compliance with the provisions of paragraph ((1). ' 38. Article 39 shall be repealed. 39. Article 40 shall read as follows: "" Art. 40. -(1) At the beginning of each calendar year the protected units are required to submit to the territorial state inspectorates for persons with disabilities an information that will include the data necessary to prove compliance with the legal provisions regarding the operation of the unit and the measures taken to achieve the necessary adaptations and facilitations for the activity of persons with disabilities. (2) Failure to comply with the obligation provided in par ((1) shall be sanctioned with the withdrawal of the operating authorization as protected units. " 40. Article 41 shall read as follows: "" Art. 41. -(1) Protected units can organize qualification courses at work for adults with adult disabilities, with the opinion of the Ministry of Labour and Social Solidarity, the Ministry of Education and Research and the Ministry of Health and Family. (2) The qualification courses organized by the protected units will be financed from the unemployment insurance budget for jobseekers. " 41. Article 42 shall read as follows: "" Art. 42. -(1) Legal persons who have a number of at least 100 employees have the obligation to hire persons with disabilities with an individual employment contract in a percentage of at least 4% of the total number of employees. (2) Persons with disabilities committed with an individual employment contract shall be provided with all adaptations and facilitations necessary to remove any impediments to the activity they carry out. " 42. Article 43 shall read as follows: "" Art. 43. -(1) Legal persons who do not comply with art. 42 42 para. (1) have the obligation to pay monthly to the state budget an amount equal to the gross minimum wage per country multiplied by the number of jobs in which they did not qualify persons with disabilities. (2) They are exempted from the mandatory payment provided in par. (1) legal persons who prove that they have applied quarterly to the National Employment Agency for the distribution of persons with disabilities. " 43. Article 44 (b) and (f) shall be repealed. 44. In Article 45, paragraphs 3 and 4 shall read as follows: " (3) The specific activities of training, training and professional orientation and employment of persons with disabilities shall be financed within the limits of the budgetary appropriations allocated with this destination. (4) The composition of the socio-professional integration commissions of persons with disabilities and their organization and functioning regulations shall be established by order of the Minister of Health and Family, at the proposal of the Secretariat of State for People with Disabilities. " 45. Article 46 shall read as follows: "" Art. 46. -In the work of special protection of persons with disabilities the State Secretariat for Persons with Disabilities maintains relations of dialogue and partnership with non-governmental organizations, especially those of persons with disabilities or who have as their object of activity the special protection of persons with disabilities. " 46. Article 47 shall read as follows: "" Art. 47. -(1) At national level, in addition to the Secretariat of State for Persons with Disabilities, the National Advisory Council on Social Dialogue for the Problems of Persons with Disabilities, hereinafter referred to as the National Council. The National Council is an advisory body of public interest, constituted for the purpose of institutionalizing the social dialogue on the protection of persons with disabilities (2) The composition of the National Council includes representatives appointed by the State Secretariat for Persons with Disabilities, non-governmental organizations, which have as their object of activity the special protection of persons with disabilities, ministries and of other specialized bodies of the central public administration, as well as of employers ' organizations, charitable or professional, that support the special protection activity of persons with disabilities. (3) The national council shall meet quarterly or whenever necessary, at the convocation of the Secretariat of State for Persons with Disabilities. (4) The number of representatives in the National Council and the organization and functioning regulations shall be approved by order of the Minister of Health and Family, at the proposal of the State Secretariat for Persons with Disabilities. " 47. In Article 48, letters a) and c) shall read as follows: " a) contribute to the development and pursuit of the implementation of the national disability strategy, policies and programmes; ............................................................... c) supports the proper functioning of the special protection institutions of persons with disabilities; " 48. In Article 49, paragraphs 1 and 2 shall read as follows: "" Art. 49. -(1) At the county level and of the city of Bucharest can be constituted, in addition to the territorial state inspectorates for persons with disabilities, social dialogue advisory councils, hereinafter referred to as councils. ((2) The councils are composed of representatives appointed by the territorial state inspectorates for persons with disabilities, by non-governmental organizations, who have as their object of activity the special protection of persons with disabilities, of prefectures, of county councils, the General Council of the Municipality of Bucharest, as well as the decentralized services of ministries or other local public administration authorities related to the special protection activity of persons with disability. " 49. Article 51 shall read as follows: "" Art. 51. -Non-governmental organizations of persons with disabilities or who have as their object of activity the special protection of persons with disabilities have the right, with the opinion of the Ministry of Health and Family, to receive subsidies from the state budget or, after case, from local budgets, if they set up and administer units of assistance, care or recovery of persons with disabilities, under the conditions laid down by Law no. 34/1998 on the granting of subsidies to Romanian associations and foundations with legal personality, which establish and manage social assistance units. " 50. Article 51 shall be inserted after Article 51, with the following contents: "" Art. 51 51 ^ 1. -The Association of Blind People in Romania, the Association of Blind War Invalizers in Romania, the Association of the Deaf of Romania and the National League of Organizations with Handicapped Personnel from the Crafts Cooperation can receive, according to the budgetary laws annual, subsidies from the state budget, through the Ministry of Health and Family. " 51. The title of Chapter IX shall read as follows: "" Sources for the financing of special protection of persons with disabilities " 52. Article 53 shall read as follows: "" Art. 53. -(1) The sources for the financing of special protection of persons with disabilities shall be: a) a 2% rate applied on the salary fund made monthly, including on the monthly earnings of individuals, by economic agents, cooperative organizations, foreign economic organizations based in Romania, the representations authorized in Romania, according to the law, of foreign legal persons who employ Romanian personnel and individuals who use the employed work, as well as other legal entities that carry out economic activities in Romania, except for the protected units provided for in art. 37 37; b) penalties and increases due, according to the law, for the term non-payment of the obligation provided in lett. a); c) donations of natural and legal persons in the country and abroad, under the law, in compliance with the destinations established by donors; d) amounts due by commercial companies, autonomous regions, national companies and companies, other economic agents, according to art. 43. (2) For the term non-burning of the amounts provided in art. 43 and in par. ((1) lit. a) and d) the penalties and late increases provided by the legal provisions in force for non-payment of taxes and fees due to the state budget shall be collected. " 53. Article 54 shall read as follows: "" Art. 54. -(1) It constitutes the following facts, if not committed under such conditions that, according to the criminal law, to be considered crimes: a) non-compliance with 11 11 para. ((1), art. 13, 14, art. 15 15 para. ((2), art. 16 16 para. ((1), (2), (4) and (5) and of art. 17 and is sanctioned with a fine of 10,000,000 lei to 50,000,000 lei; b) issuance of certificates of employment in a category of persons with disabilities who require special protection in relation to the degree of disability, in violation of the criteria provided in art. 1 1 para. (3), and is sanctioned with a fine from 2,000,000 lei to 10,000,000 lei. (2) The sanctions provided in par. ((1) shall apply to the guilty natural or legal persons. (3) The finding of the contravention provided in par. ((1) lit. a) and the application of the contravention fine shall be made by the specialized bodies of the Ministry of Public Works, Transport and Housing. Finding of the contravention provided in par. ((1) lit. b) and the application of the contravention fine shall be made by the staff of the State Secretariat for Persons with Disabilities, empowered by order of the Secretary of State for Persons with Disabilities. (4) The amounts obtained from the application of fines are made to the state budget. (5) The provisions of this Article shall be supplemented by provisions Government Ordinance no. 2/2001 on the legal regime of contraventions, approved with amendments and completions by Law no. 180/2002 180/2002. " 54. Article 55 shall be repealed. 55. Article 57 (2) shall be repealed. 56. Article 58 shall read as follows: "" Art. 58. -Within 60 days of the entry into force of the law approving this emergency ordinance the Ministry of Health and Family will develop the methodological norms for the application of the emergency ordinance and submit them for approval by decision of Government. " 57. The Annex shall read as follows: "" ANNEX LIST comprising public interest institutions for the protection of special of persons with disabilities, in coordination State Secretariat for Persons with Disabilities "" 1. Alba County Center for care and assistanceLocality Sebes Center for care and assistanceLocality Blaj Center for care and assistanceLocality Garbova Center for care and assistanceAbrud Locality Recovery and rehabilitation center neuropsychiatricaLocality Galda de Jos Center for recovery and rehabilitation of neuropsychiatricalLocality Alba Iulia 2. Arad County Care and assistancesLocality Arad Center for care and assistanceLocality Tamand Center for care and Assistant Locality Lipova 3. Arges County Center for care and assistanceBascovele-Cotmeana Center for care and assistancePitesti Locality Center for recovery and rehabilitation of persons with disabilities Vultureşti City Center for integration through therapy Occupational Locality Tigveni 4. Bacau County Center for care and assistanceLocality Bacau Care and assistancesLocality Rachitoasa Care and assistancesLocality Comănești Centre for recovery and rehabilitation neuropsychiatricaLocality Darmanesti-Vermesti Center for neuropsychiatric recovery and rehabilitation Locality Racaciuni Recovery and rehabilitation center of persons with handicapped Locality-pilot "Miorita" Locality Parincea 5. Bihor County Center for care and assistanceLocality Ciutelec Center for the recovery and rehabilitation of persons with disabilities Cighid-Ciutelec City Center for integration through occupational therapy Cadea Locality 6. Bistrita-Nasaud County Center for the recovery and rehabilitation of persons with disabilities with external section at NuseniLocality Beclean 7. Botosani County Care and assistancesLocality Dorohoi Care and assistancesLeorda Locality Center for care and assistanceAdaseni Locality Recovery and rehabilitation center of people with disabilities Ionaseni 8. Brasov County Center for care and assistanceLocality Brasov Care and assistancesLocality Timis de Sus Center for the recovery and rehabilitation of persons with disabilities "Canaan" Locality Sercaia Day Center " Casa The Sun " Locality Stupini 9. Braila County Care and assistancesLocality Braila Care and assistancesLocality Baldovinesti 10. Buzau County Integration Center through Occupational Therapy Ramnicu Sarat Center for care and assistance, with external section at SmeeniLocality Ramnicu Sarat 11. Caras-Severin County Care and assistanceLocality Sacu Care and assistanceReșița 12. Călărași County Center for care and assistanceLocality Ciocănești Center for care and assistanceștefan cel Mare Center for recovery and rehabilitation neuropsychiatricaLocality Platărești 13. Cluj County Center for care and assistanceLocality Cluj-Napoca Center for care and assistanceLocality Luna de Jos Care and assistanceLocality Catcau Center for care and assistance " Sf. Nicolae " Locality Mociu 14. Constanta County Center for care and assistanceLocality of Alba Gate Recovery and rehabilitation center neuropsychiatric Locality Techirghiol 15. Dâmboviţa County Center for care and assistanceLocality Pucioasa Center for care and assistanceLocality Sacuieni Recovery and rehabilitation center neuropsychiatricaLocality Gura Ocnitei-Ochiuri Center for recovery and rehabilitation of people with disabilities Moreni-Tuicani 16. Dolj County Recovery and rehabilitation center persons with disabilities Locality of Craiova Integration Center through occupational therapy Corlate Locality 17. Galati County Care and assistancesLocality Galati Care and assistanceGalati Locality 18. Giurgiu County Neuropsychiatric Recovery and Rehabilitation Center Carpenis-Gaiseni Locality Recovery and Rehabilitation Center Neuropsychiatric Locality Bolintin Vale Integration Center through Occupational Therapy Tantava Locality 19. Gorj County Care and assistanceRuncu-Suseni Locality Care and assistanceRuncu-Dobrita 20. Harghita County Center for care and assistanceLocality Beauty Center for care and assistanceLocality Gheorgheni 21. Hunedoara County Care and assistancesLocality Brad Care and assistanceLocality Geoagiu Care and assistancesLocality Petrila Care and assistancesLocality Branisca Care Center and The Locality of Hunedoara Integration Center through Occupational Therapy Simeria Locality 22. Ialomita County Care and assistanceSlobozia Locality 23. Iasi County Care and assistancesLocality Iasi Care and assistanceHarlau Locality 24. Maramures County Center for care and assistanceLocality Poienile de sub Munte Center for recovery and rehabilitation of persons with disabilities Sighetu Marmatiei 25. Mehedinți County Center for care and assistanceLocality Ilovat Center for care and assistanceLocality Strehaia Integration Center through Occupational Therapy. Mures County Care and assistancesLocality Sighisoara Care and assistancesLocality Reghin Care and assistancesLocality Lunca Mureșului Care and assistancesLocality Târgu Mureş care and assistanceLocality Glodeni Care and assistancesLocality Capusu de Campie Centre for recovery and rehabilitation of neuropsychiatric Locality Calugareni Centre for the recovery and rehabilitation of persons with disabilities Brancovenesti 27. Neamt County Care and assistancesLocality Oslobeni Care and assistancesRomanian Locality Center for care and assistanceLocality Targu-Neamt Care and assistancesLocality Bozienii de Sus Recovery center and neuropsychiatric rehabilitation Locality Warriors Centre-pilot for the recovery of persons with handicapped Locality Pastraveni Centre-pilot for recovery and rehabilitation of persons with disabilities, with dayLocality Piatra-Neamt 28. Olt County Centre for care and assistanceLocality Slatina Care and assistancesLocality Falcoiu Care and assistancesLocality Parscoveni Centre for care and assistancesLocality Spineni Recovery centre and rehabilitation of persons with disabilities Caesians 29. Prahova County Center for care and assistance Locality Mislea Center for care and assistanceLocality Liliesti-Baicoi Recovery and rehabilitation center neuropsychiatricaLocality Calinesti Recovery and rehabilitation center neuropsychiatricaLocality Urlati Centre-pilot recovery and rehabilitation aLocality Urlati persons with disabilities "Casa Rozei", with sheltered housing Centre for recovery and rehabilitation of people with DownLocality integration through occupational therapyLocality Urlati Integration Center through Occupational therapyThe Locality of Tatarai 30. County Satu Mare Care and assistancesLocality of Carei Care and assistanceSatu Mare Locality 31. Sălaj County Center for care and assistanceLocality Boghis Center for care and assistanceCrasna Locality Recovery and rehabilitation center neuropsychiatricaLocality Jibou Integration center through occupational therapy Badacin-Pericei 32. Sibiu County Care and assistancesLocality Sibiu Center for care and assistanceLocality Biertan Center for care and assistanceLocality Saliste Center for recovery and rehabilitation of people with disabilities Talmaciu Recovery and rehabilitation center neuropsychiatricaLocality Rau Vadului Integration Center through Occupational Therapy Dumbraveni Locality 33. Suceava County Center for care and assistanceLocality Pojorata Center for recovery and rehabilitation of people with disabilities Sasca Mica Center for recovery and rehabilitation neuropsychiatricaLocality Costana 34. Teleorman County Center for care and assistanceLocality Olteni 35. Timis County Center for care and assistanceLocality Varias Center for care and assistanceLocality Ciacova Center for neuropsychiatric rehabilitation and rehabilitation Locality Gavojdia Day Center "Angels of Hope", with residential center of For you ", with housing protégateLocality Timișoara Day Center" Long Bridge " Locality Timișoara 36. Tulcea County Center for care and assistanceBabadag Locality Center for neuropsychiatric recovery and rehabilitation Babadag Locality 37. Vaslui County Center for care and assistanceLocality Husi Center for the recovery and rehabilitation of persons with disabilities Husi Center Recovery and rehabilitation neuropsychiatric Locality Malaiesti 38. Valcea County Center for care and assistancePausesti-Maglasi Locality Care and assistancesZatreni Locality Care and assistancesLocality Lungesti Neuropsychiatric Recovery and Rehabilitation Center Maciuca Neuropsychiatric Recovery and Rehabilitation Center Babeni 39. Vrancea County Center for care and assistanceMaicanesti Locality Integration center through occupational therapy Odobesti 40. Ilfov County Center for care and assistanceLocality Ciolpani Recovery and rehabilitation center neuropsychiatric Locality Balaceanca Municipality Bucharest Care and Assistance Center no. 1Str. Radu Voda nr. 20, sector 4 Care and Assistance Center no. 2Str. Bishop Radu nr. 26, sector 2 Care and Assistance Center no. 3Str. Barbu Delavrancea no. 18, Sector 1 Care and Assistance Center no. 5Calea Vitan nr. 267-269, sector 3 Care and Assistance Center no. 6Str. Red Flower No. 7A, sector 6 Centre for recovery and rehabilitation of persons with handicaStr. Balot no. 42, Sector 2. " This law was adopted by the Chamber of Deputies at its meeting on June 27, 2002, in compliance with the provisions of 74 74 para. (1) of the Romanian Constitution. CHAMBER OF DEPUTIES PRESIDENT VALER DORNEANU This law was adopted by the Senate at the meeting of 27 June 2002, in compliance with the provisions of art. 74 74 para. (1) of the Romanian Constitution. p. SENATE PRESIDENT, DORU IOAN TARACILA -----------