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Law No. 278 Of 12 November 2015

Original Language Title: LEGE nr. 278 din 12 noiembrie 2015

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LEGE no. 278 278 of 12 November 2015 to amend and supplement Government Emergency Ordinance no. 144/2008 on the exercise of the profession of general medical assistant, of the profession of midwife and of the profession of nurse, as well as the organization and functioning of the Order of General Nurses, Midwives and Nurses of Romania
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 884 884 of 25 November 2015



The Romanian Parliament adopts this law + Article I Government Emergency Ordinance no. 144/2008 on the exercise of the profession of general medical assistant, of the profession of midwife and of the profession of nurse, as well as the organization and functioning of the Order of General Nurses, Midwives and Nurses of Romania, published in the Official Gazette of Romania, Part I, no. 785 of 24 November 2008, approved with amendments by Law no. 53/2014 , as amended and supplemented, shall be amended and supplemented as follows: 1. After Article 1, a new article is inserted, Article 1 ^ 1, with the following contents: "" Art. 1 1 ^ 1. -(1) By exception to the provisions of art. 1 and 3, general nurses, midwives and nurses, citizens of a third state, can temporarily exercise professional activities in Romania, with the opinion of the Order of General Nurses, Midwives and Nurses of Romania. (2) Provisions of para. ((1) shall apply in cases where professional activities are exercised for the purpose of teaching and occasionally, in the framework of humanitarian actions, emergency situations, exchanges of experience, bilateral conventions concluded by Romania with the states the provenance of the providers. The duration of the exercise of professional activities in these cases is 3 months, with the possibility of extension for a duration of not more than 3 months per year. (3) The approval methodology shall be approved by decision of the National Council of the Order of General Nurses, Midwives and Nurses of Romania and shall be published in the Official Gazette of Romania, Part I. " 2. Article 3 (2) shall be repealed. 3. Article 4 is amended and shall read as follows: "" Art. 4. -The control and supervision of the exercise of the professions of general medical assistant, midwife and nurse are carried out by the Ministry of Health and by the Order of General Nurses, Midwives and Nurses of the Romania, in accordance with the powers provided by the legal regulations in force. " 4. Article 6 is amended and shall read as follows: "" Art. 6. -The activities exercised with the professional title of general medical assistant as a result of the appropriation of basic competences during the vocational training of post-secondary or university level are: a) the establishment of general health care needs and the provision of general health care services of a preventive, curative and recovery nature based on the appropriated competence to independently establish the care needs of health, to plan, to organize and to carry out these services; b) protection and improvement of health by administering treatment as prescribed by the doctor c) developing programs and carrying out health education activities based on the competence to provide people, families and groups of people with information that allows them a healthy lifestyle and self-care; d) the provision of first aid on the basis of the competence to independently initiate immediate measures for the maintenance of life and the application in situations of crisis or catastrophe of such measures; e) facilitating actions to protect health in groups considered at risk, as well as the organization and provision of community health care services on the basis of competencies to collaborate effectively with other factors in the health sector and to independently provide advice, guidance and support to people who require care and close people; f) conduct of research activities in the field of general health care by licensed general medical assistants; g) participation of general medical assistants skills as trainers, to the theoretical and practical training of general nurses in the continuing education programs based on the competence to ensure a professional communication exhaustive and cooperate with members of other health professions; h) reporting of specific activities carried out and independent analysis of the quality of health care provided to improve the professional practice of the general medical assistant; i) conduct of training and theoretical and practical training in educational institutions for the preparation of future general nurses, as well as of activities to prepare auxiliary health personnel. " 5. In Article 18, paragraph 1 shall be amended and shall read as follows: "" Art. 18. -(1) If a general nurse practitioner, midwife or nurse does not exercise his profession effectively, legally and uninterrupted for a period of at least one year, in the last 5 years from the date of graduation of studies certifying the training in profession, the Order of General Nurses, Midwives and Nurses in Romania retests, on request, its professional competence, in order to exercise the profession. " 6. Article 24 is amended and shall read as follows: "" Art. 24. --(1) In case of establishment on the territory of Romania, the requests of general nurses, midwives and nurses citizens of a Member State of the European Union, of a state belonging to the European Economic Area or of the Confederation Swiss on access to one of the professional activities is solved by the Order of General Nurses, Midwives and Nurses in Romania. ((2) Applicants referred to in par. (1) shall submit a dossier containing: a) proof of nationality; b) copy of the documents certifying the training in profession, respectively of the qualification titles that ensure access, as the case may be, to the profession of general medical assistant, to the profession of midwife and to the profession of nurse, as well as proof the professional experience of the holder, if applicable; c) the certificate issued by the competent authorities of the Member State of origin or of the Member State of origin in the case of general nurses, midwives and, where appropriate, nurses meeting the training requirements laid down in Community rules, certifying that official qualifications are those provided for by Directive 2005 /36/EC the European Parliament and the Council of 7 September 2005 on the recognition of professional qualifications; d) evidence issued by the Member State of origin or provenance, as regards the honorable, moral or absence of a situation which suspends or prohibits the exercise of the profession in the event of serious professional error, or a confirmation of the the non-existence of temporary or definitive suspensions from the exercise of the profession or of criminal convictions; e) the document certifying physical or mental health, issued by the Member State of origin or of the Member f) the certificate issued by the banks, including insurance companies from one of the Member States referred to in par. (1) certifying that the holder is insured against pecuniary risks arising from professional liability, in accordance with the legal provisions in force in Romania, as well as with the regulations on the terms and extension of this guarantees. (3) In the situation of the qualification titles of general medical assistant, midwife and nurse, respectively, whose recognition falls under the General System for the recognition of qualifications, the Order of General Nurses, Midwives and Nurses in Romania can ask the applicant for information on the training appropriated by him, necessary to establish differences from national training in the same profession, in order to make up the aptitude test. If it is unable to provide that information, the Order of General Nurses, Midwives and Nurses of Romania addresses the contact point, the competent authority or any other body. competent of the applicant's home Member State. (4) The documents provided in par. ((2) lit. b)-f) are accompanied by certified translations in Romanian. (5) The documents provided in par. ((2) lit. d)-f) are valid for 3 months from the date of issue. (. The competent authorities of the Member State of origin or of the Member State of origin shall send the requested documents ((2) lit. d) within 60 days. (. Where the Member State of origin or the Member State of origin does not issue to its citizens the document referred to in paragraph 1. ((2) lit. d), the Order of General Nurses, Midwives and Nurses of Romania accepts the certificate issued on the basis of the affidavit or the solemn declaration of the applicant, issued by the judicial authority or the competent administrative or, as the case may be, the notary or the professional organization empowered to do so by that State. (8) If for the access and exercise of the activity provided in par. (1), the Member State of origin or provenance shall not issue to its citizens the document referred to in paragraph ((2) lit. e), the Order of General Nurses, Midwives and Nurses of Romania accepts from him a certificate issued by a competent authority of the respective state. origin must transmit to the Order of General Nurses, Midwives and Nurses of Romania the document requested within 60 days. " 7. After Article 24, three new articles are inserted, articles 24 ^ 1-24 ^ 3, with the following contents: "" Art. 24 24 ^ 1. -If Romania is the home Member State or the provenance of the general nurses, midwives and nurses seeking recognition of professional qualification in another Member State of the European Union, the Order Nurses, Midwives and Nurses in Romania, as the competent Romanian authority, comply with the deadlines provided in art. 24 24 para. (6) and (8), with a view to resolving these requests. Art. 24 ^ 2. -(1) The Order of General Nurses, Midwives and Nurses of Romania confirms the receipt of the applicant's file within one month from the date of receipt and informs the applicant, as the case may be, of any necessary documents to complete the file (2) The procedure for examining the application for obtaining the authorization to exercise the profession in Romania submitted by the general nurses, midwives or nurses provided in art. 24 24 para. (1) must lead to a duly justified decision of the Order of General Nurses, Midwives and Nurses of Romania, in any of the cases, and completed within 90 days from the date of submission. the full file of the holder. (3) The term provided in par. ((2) can be extended by 30 days in the case of nurses, as well as in cases where the recognition of the qualifications of general and midwife nurse respectively falls under the General System for the recognition of qualifications professional provided by law. (4) The certificate of member of the Order of General Nurses, Midwives and Nurses of Romania shall be issued following the application of the procedure for recognition of professional qualification. Art. 24 ^ 3. -(1) In case of justified suspicions, the Order of General Nurses, Midwives and Nurses of Romania may request the competent authorities of the issuing Member State to confirm the authenticity of the certificates and qualifying securities issued in that Member State and, where applicable, confirmation that the general medical assistant, midwife or nurse holder fulfils the minimum training conditions laid down in Community rules for the professional qualification acquired by him in the issuing Member State. ((. In the case of justified suspicions, where a competent authority of another Member State has issued a qualification as a qualified nurse practitioner, midwife or nurse, which includes a training followed in full or in part in a legal institution established in the territory of another Member State, Romania as a host Member State shall have the right to check in addition to the competent body of the Member State of origin in which the qualifying title has been issued, if: a) the training provided by the institution concerned has been officially certified by the educational institution located in the Member State of origin in which the qualifying title was issued; b) the qualifying title issued shall be the same as that which would have been issued if the training cycle had been the same in the Member State of origin in which it was issued; c) the title of qualification issued confers the same rights of access to the profession in the territory of the Member State of origin in which he (3) In the case of justified suspicions, the Order of General Nurses, Midwives and Nurses of Romania as the competent authority of the host Member State may request the competent authorities of a Member State to confirmation that the applicant, as the case may be, nurse practitioner, midwife or nurse, is not suspended or is not banned from exercising the profession as a result of a serious professional error or conviction for criminal offences related to the exercise of his professional activities. 8. Article 25 is amended and shall read as follows: "" Art. 25. -(1) The Order of General Nurses, Midwives and Nurses of Romania collaborates with the competent authorities of the Member States of the European Union, of a State belonging to the European Economic Area and of Swiss Confederation, with bodies and other legal entities, ensuring the confidentiality of the information transmitted. ((2) The exchange of any information, as well as those on disciplinary or criminal sanctions applied in case of serious and precise facts, likely to have consequences on the activities of general nurse, midwife or nurse, will be done in compliance with provisions Law no. 506/2004 ,, with subsequent amendments and completions, and of Law no. 677/2001 , with subsequent amendments and completions. (. The home Member State shall examine the veracity of the facts and its authorities shall decide on the nature and extent of the investigations to be carried out and shall communicate to the host Member State the conclusions resulting from the information. transmitted. " 9. After Article 25, a new article is inserted, Article 25 ^ 1, with the following contents: "" Art. 25 25 ^ 1. -Exchange of information provided for in art. 24 24 ^ 3 and art. 25 is via the European Union Internal Market Information System (IMI). " 10. Article 27 is amended and shall read as follows: "" Art. 27. -The temporary or occasional nature of the performance of the activities of general medical assistant, midwife and nurse is established, on a case-by-case basis, by the Order of General Nurses, Midwives and Nurses in Romania, according to their duration, frequency, periodicity and continuity. " 11. In Article 28, paragraph 2 shall be amended and shall read as follows: " (2) Persons referred to in par. (1) are automatically registered in the Order of General Nurses, Midwives and Nurses in Romania during the performance of the respective services, based on the documents of the provider, provided in art. 31 31 para. ((1), and shall be exempt from the payment of the membership fee. " 12. Article 30 is amended and shall read as follows: "" Art. 30. -The requests of the general nurses, midwives and nurses citizens of a Member State of the European Union, of a State belonging to the European Economic Area or of the Swiss Confederation, established in one of these states, regarding the temporary or occasional provision of services in Romania, shall be solved by the Order of General Nurses, Midwives and Nurses of Romania. " 13. In Article 31, paragraph 1 shall be amended and shall read as follows: "" Art. 31. -(1) If the applicant is at the first temporary or occasional provision of services in Romania, he will submit to the Order of General Nurses, Midwives and Nurses of Romania the following documents: a) a written pre-declaration stating the insurance or other personal or collective protection means of professional responsibility for which the applicant benefits in the Member State of establishment; b) copy of the citizenship document; c) a declaration on knowledge of the Romanian language, necessary for the practice of the profession in Romania; d) proof by which the competent authorities of the Member State of establishment certify that the holder has not undergone temporary or definitive suspensions from the exercise of the profession or criminal convictions; e) diplomas, certificates or other titles of general medical assistant, midwife and nurse, provided by law or by the rules of the European Union, for the provision of the activities in question; f) the certified translation into Romanian of the documents provided in lett. c)-e). " 14. In Article 31, after paragraph 2, a new paragraph (2 ^ 1) is inserted, with the following contents: " (2 ^ 1) Presentation of the declaration provided in par. ((1) lit. a) it is mandatory and ensures the access of the general medical assistant, midwife or nurse concerned to the service activity or the right to exercise that activity throughout Romania. " 15. In Article 31, paragraphs 4 and 5 shall be amended and shall read as follows: " (4) Within up to 30 days from the date of receipt of the declaration and accompanying documents, provided in par. (1), the Order of General Nurses, Midwives and Nurses of Romania shall inform the applicant of the service provider of its decision: a) not to check his/her professional qualifications; b) to ask him to promote an aptitude test, or to allow him to perform the respective services. (5) In case of situations that could lead to a delay in making a decision due to the verification of the applicant's qualification, the Order of General Nurses, Midwives and Nurses of Romania shall notify to him, within the period provided for in (4), reasons for delay. The situations found shall be resolved within 30 days of the notification, and the decision shall be completed within 60 days from the time of their resolution. " 16. In Article 31, after paragraph 5, three new paragraphs shall be inserted, paragraphs 6 to 8, with the following contents: " (6) In the case of an important difference between the professional qualifications of the service provider and the training imposed in Romania for the same profession, to the extent that this difference is likely to adversely affect public health and cannot be compensated by the professional experience of the service provider or the knowledge, skills and competences acquired through lifelong learning, formally validated for this purpose by a relevant body, the Order General Nurses, Midwives and Nurses in Romania offer the medical assistant concerned the opportunity to demonstrate through an aptitude test that he has acquired the knowledge, skills and competences. (7) Following the support of the aptitude test by the service provider, the Order of General Nurses, Midwives and Nurses of Romania decides on the provision of the service by him and the provision of services must be possible within 30 days of the date of the decision. (8) If the Order of General Nurses, Midwives and Nurses in Romania does not take a decision within the deadlines set by this Article, the service may be provided. " 17. After Article 35, two new articles are inserted, Articles 35 ^ 1 and 35 ^ 2, with the following contents: "" Art. 35 35 ^ 1. -In the case of nurses provided in art. 26, the Order of General Nurses, Midwives and Nurses in Romania can grant, on a case-by-case basis, partial access to a professional activity on the territory of Romania in compliance with the rules in force. Art. 35 ^ 2. -The Order of General Nurses, Midwives and Nurses in Romania informs the Ministry of Health on a semi-annual basis on the number of general nurses, midwives and nurses benefiting from the provisions on the exercise of the profession on a temporary basis, occasionally or in the establishment of the territory of Romania. 18. Article 36 is amended and shall read as follows: "" Art. 36. -(1) General nurses, midwives and nurses citizens of a Member State of the European Union, of a State belonging to the European Economic Area or of the Swiss Confederation exercising the profession as a result of recognition Professional qualification must possess the linguistic knowledge necessary to carry out professional activities in Romania. (2) The Order of General Nurses, Midwives and Nurses in Romania is designated as competent authority to verify compliance with the obligation provided in par. ((1). ((3) The verification of linguistic knowledge is limited to the knowledge of the Romanian language as the official language or of another mother tongue in Romania provided that it is an official language of the European Union. (4) The Order of General Nurses, Midwives and Nurses of Romania may carry out the verification of linguistic knowledge only after the issuance, according to the Community rules, of the European Professional Card generalist, midwife or nurse or, as the case may be, only after recognition of their professional qualifications. The verification shall be proportionate to the work to be carried out by the holder. (5) The decisions of the Order of General Nurses, Midwives and Nurses of Romania regarding the verification of linguistic knowledge can be appealed to the competent administrative court, according to the law. " 19. After Article 36, a new article is inserted, Article 36 ^ 1, with the following contents: "" Art. 36 36 ^ 1. -(1) General nurses, midwives and nurses citizens of a Member State of the European Union, of a State belonging to the European Economic Area or of the Swiss Confederation, established in Romania and exercising the profession, have the obligation to know the legislation in the field of health, the field of social security, as well as the provisions of the Code of Ethics and Deontology of the general medical assistant, midwife and nurse. (2) In order to access the information provided in par. (1), the Order of General Nurses, Midwives and Nurses of Romania organizes, at the level of territorial and central structures, legislative information offices. " 20. After Article 37, a new section is inserted, section 4, comprising Articles 37 ^ 1-37 ^ 4, with the following contents: " SECTION 4 Alert mechanism Art. 37 ^ 1. -The Order of General Nurses, Midwives and Nurses of Romania informs the competent authorities of all other Member States of the European Union, the European Economic Area and the Swiss Confederation on general medical assistants, midwives and nurses who have been restricted or prohibited by national courts or courts from carrying out, on the territory of Romania, in whole or in part, even with a character Temporary, professional activities. Article 37 ^ 2. -(1) The Order of General Nurses, Midwives and Nurses of Romania shall transmit the information referred to in art. 37 ^ 1 by alert in IMI at the latest within 3 days from the date of adoption of the decision to restrict or prohibit, in whole or in part, the exercise of a professional activity by the professional concerned, the information being limited a) the identity of the general medical assistant, midwife or nurse concerned; b) qualification with which the profession exercises; c) the national authority or court which adopts the judgment on the restriction or prohibition of d) the scope of the restriction or prohibition; e) the period during which the restriction or prohibition applies. ((2) At the latest within 3 days from the date of adoption of the court decision, the Order of General Nurses, Midwives and Nurses of Romania shall inform the competent authorities of all other Member States of the Union European, European Economic Area and the Swiss Confederation, by alert in IMI, about the identity of professionals who have applied for the recognition of qualifications as a nurse practitioner, midwife or nurse under the present provisions and where the Romanian courts have found that they have made use of, for this purpose, of forged qualifications of professional qualifications. (3) Processing of personal data for the purposes of the exchange of information referred to in art. 37 ^ 1 is carried out in compliance with Law no. 506/2004 ,, with subsequent amendments and completions, and of Law no. 677/2001 , with subsequent amendments and completions. Article 37 ^ 3. -(1) When an prohibition or restriction referred to in art. 37 ^ 1, the Order of General Nurses, Midwives and Nurses of Romania informs without delay the competent authorities of the other Member States of the European Union, the European Economic Area and the Swiss Confederation, mentioning the expiry date and any subsequent change to that date. (2) General nurses, midwives and nurses for whom alerts are sent to the other Member States of the European Union, the European Economic Area and the Swiss Confederation shall be informed in writing by the Order of the Nurses Generalists, Midwives and Nurses in Romania on alert decisions, at the same time as alert itself. Article 37 ^ 4. -(1) General nurses, midwives and nurses referred to in art. 37 ^ 3 para. (2) have the possibility to challenge the decision at the competent administrative court, according to the law, or may request the rectification of such decisions. (2) General nurses, midwives and nurses referred to in art. 37 ^ 3 para. ((2) have the possibility to obtain compensation related to any damage caused by false alerts sent to other Member States of the European Union, the European Economic Area and the Swiss Confederation, and in such cases the decision on alert may contain the indication that it is subject to procedures initiated by the professional. (3) Information on alerts can be processed in IMI for as long as they are valid. Alerts will be deleted within 3 days from the date of adoption of the revocation decision or from the expiry of the prohibition or restriction referred to in art. 37 37 ^ 1. " 21. In Article 39, paragraphs 2 to 4 shall be amended and shall read as follows: " (2) The county branches and the branch of the city of Bucharest have legal personality and benefit from organizational and functional autonomy within the limits provided by the Statute of the Order of General Nurses, Midwives and Nurses from Romania. (3) At the level of the National Council of the Order of General Nurses, Midwives and Nurses in Romania functions departments, compartments, the specialized commission of general nurses, the commission of specialty of midwives, specialist committees for nurses, the National Commission for the recognition of qualifications as a general nurse, a nurse and a midwife obtained in the European Union, the European Economic Area and The Swiss Confederation, the National Professional Education Commission continues, National Ethics and Deontology Commission, National Financial Control Commission, as well as other committees, approved by decision of the National Council. (4) The organizational structure of the county branches, respectively of the branch of Bucharest, shall be adopted by decision of the National Council. " 22. In Article 40 (1), after letter a), four new letters are inserted, letters a ^ 1)-a ^ 4), with the following contents: " a ^ 1) authorizes or, as the case may be, endorses the exercise of professions of general medical assistant, midwife and nurse on the territory of Romania; a ^ 2) attest to the qualification titles of general medical assistant, midwife and nurse obtained in Romania and issues the documents necessary for professional recognition in the other Member States of the European Union, in the states belonging to European Economic Area and the Swiss Confederation; a ^ 3) elaborates and, as the case may be, issues the European Professional Card for its members, in accordance with European Union regulations; a ^ 4) recognizes the professional qualifications of general medical assistant, midwife and nurse acquired in the other Member States of the European Union, in the states belonging to the European Economic Area and the Swiss Confederation; ". 23. In Article 40 (1), points b), d), l) and n) shall be amended and shall read as follows: " b) authorise the temporary and occasional exercise of the professions of general medical assistant, midwife and nurse practitioner for third-country nationals in the event of emergency situations, exchanges of experience, bilateral conventions between Romania and these states; ......................................................................... d) attest to the honorability and professional morality of its members and issues the certificate of current professional status. The methodology for drawing up and issuing the current professional status certificate shall be established by decision of the National Council of the Order of General Nurses, Midwives and Nurses of Romania and shall be published in Official Gazette of Romania, Part I. ......................................................................... l) register the members in the Single National Register of general nurses, midwives and nurses in Romania, which they constantly update and manage the website on which it is published; ......................................................................... n) ensure the exchange of information, through IMI, with the competent authorities of other states in order to exercise the profession by general nurses, midwives and nurses; ". 24. In Article 40 (1), after letter x) a new letter, letter x ^ 1) is inserted, with the following contents: "x ^ 1) organizes the main grade exam for general nurses, midwives, nurses, nurses and medical officials and issues the main degree certificates to the candidates who have passed this exam;" 25. In Article 40, after paragraph 1, two new paragraphs are inserted, paragraphs 1 ^ 1 and 1 ^ 2, with the following contents: " (1 ^ 1) The methodology for organizing and conducting the main grade examination shall be elaborated by the Order of General Nurses, Midwives and Nurses in Romania and approved by order of the Minister of Health. (1 ^ 2) The main degree certificates issued by the Order of General Nurses, Midwives and Nurses in Romania give the holder the same rights and obligations as the main degree certificates issued by the Ministry of Health candidates who have passed the main grade exam held in the sessions prior to the entry into force of this emergency ordinance. " 26. After Article 42, a new article is inserted, Article 42 ^ 1, with the following contents: "" Art. 42 42 ^ 1. -By exception to the provisions of art. 42, the medical sisters and medical officials have the obligation to register in the Order of General Nurses, Midwives and Nurses in Romania, in order to authorize the exercise of specific activities. Upon registration, they acquire the status of associate member of the Order of General Nurses, Midwives and Nurses in Romania. The conditions of authorization, as well as their rights and obligations shall be established by decision of the National Council of the Order of General Nurses, Midwives and Nurses of Romania. " 27. In Article 47, paragraph 3 shall be amended and shall read as follows: " (3) The county branches and the branch of the city of Bucharest have legal personality and benefit from organizational and functional autonomy within the limits provided by the Statute of the Order of General Nurses, Midwives and Nurses from Romania. " 28. In Article 47, after paragraph (3), five new paragraphs are inserted, paragraphs 3 and 1-(3 ^ 5), with the following contents: (3 ^ 1) The county branches and the branch of the city of Bucharest cannot operate outside the Order of General Nurses, Midwives and Nurses in Romania. (3 ^ 2) The county branches, respectively the branch of the city of Bucharest, under the sanction of nullity, cannot issue decisions and decisions contradictory to the acts issued by the governing bodies of the Order of General Nurses, Midwives and Assistants Medical in Romania, at national level. (3 ^ 3) The National Council of the Order of General Nurses, Midwives and Nurses of Romania decides how to establish the budgets of the county branches and the city of Bucharest, as well as its own budget central apparatus. (3 ^ 4) The county branches, respectively of the city of Bucharest have the obligation to submit half-yearly to the Executive Office of the Order of General Nurses, Midwives and Nurses of Romania a report on how they were taken to fulfill the decisions of the National Council and the County Council, respectively of the city of Bucharest, the decisions of the office of the county council, respectively of the city of Bucharest, as well as the execution (3 ^ 5) The Executive Office of the Order of General Nurses, Midwives and Nurses of Romania informs the National Council on how to carry out the obligations provided in par. ((3 ^ 4). 29. in Article 48, after paragraph 1, a new paragraph (2) is inserted, with the following contents: " (2) The duties of the county branch, respectively of the Bucharest branch of the Order of General Nurses, Midwives and Nurses of Romania shall be established by the Statute of the Order of General Nurses, Midwives and Nurses in Romania. " 30. In Article 49, paragraph 1 shall be amended and shall read as follows: "" Art. 49. -(1) The county general assembly is constituted of the elected representatives of all general medical assistants, midwives and nurses with the right of free practice enrolled in the respective county branch, according to the rule of law. representation of 1 to 100. " 31. In Article 50, paragraph 1 shall be amended and shall read as follows: "" Art. 50. -(1) The county councils of the Order of General Nurses, Midwives and Nurses of Romania have a number of members in proportion to the number of nurses, midwives and nurses, respectively. enrolled in the Order of General Nurses, Midwives and Nurses in Romania, as follows: a) up to 2,000 general nurses, midwives and registered nurses-9 members, elected from among the representatives of the county general meeting; b) between 2,001-4,000 general nurses, midwives and registered nurses-11 members, elected from among the representatives of the county general meeting; c) between 4,001-6,000 general nurses, midwives and registered nurses-13 members, elected from among the representatives of the county general meeting; d) between 6,001-10,000 general nurses, midwives and registered nurses-15 members, elected from among the representatives of the county general meeting; e) more than 10,000 general nurses, midwives and registered nurses-17 members, elected from among the representatives of the county general assembly. " 32. Article 50 (2) shall be repealed. 33. In Article 50, paragraph 4 shall be amended and shall read as follows: " (4) The Office of the County Council of the Order of General Nurses, Midwives and Nurses of Romania consists of: President, 2 Vice-Presidents and Secretary, elected by the county council among its members, and The office of the Bucharest City Council of the Order of General Nurses, Midwives and Nurses of Romania consists of: President, 3 Vice-Presidents and Secretary, elected by the Bucharest City Council its members. " 34. Article 51 is amended and shall read as follows: "" Art. 51. -(1) The Order of General Nurses, Midwives and Nurses in Romania consists of all general nurses, midwives and nurses enrolled in the county branches, respectively of the city of Bucharest. (2) The Order of General Nurses, Midwives and Nurses in Romania has legal personality, heritage and own budget. In its own budget are included the contributions of the county branches, respectively of the city of Bucharest, in the fixed rate of 25% of the amount of the monthly contributions collected. The patrimony can be used under the law and in activities producing income, establishment of associations, foundations, educational establishments. (3) The management bodies of the Order of General Nurses, Midwives and Nurses of Romania, at national level, are: a) the National Council; b) Executive Office; c) President. (4) The governing bodies referred to in par. ((3) shall carry out its activity in accordance with the provisions of this emergency ordinance. " 35. Article 52 shall be repealed. 36. In Article 53, paragraph 1 shall be amended and shall read as follows: "" Art. 53. -(1) The national council shall be composed of the presidents of each county branch, respectively of the Bucharest branch and the representative of the state authority. " 37. In Article 53, after paragraph 3, a new paragraph (4) is inserted, with the following contents: " (4) The National Council of the Order of General Nurses, Midwives and Nurses of Romania adopts the Code of Ethics and Deontology of the general medical assistant, midwife and nurse in Romania, of organization and functioning of the Order of General Nurses, Midwives and Nurses of Romania and the Statute of the Order of General Nurses, Midwives and Nurses of Romania. " 38. Article 55 (3) shall be repealed. 39. Article 56 (2) shall be amended and shall read as follows: "" (2) The incompatibilities of the management positions in the structures of the Order of General Nurses, Midwives and Nurses in Romania with the management functions from other organizations or associations shall be established by the Statute of the Order To General Nurses, Midwives and Nurses in Romania. " 40. In Article 57, paragraph 1 shall be amended and shall read as follows: "" Art. 57. -(1) The elections at county level, respectively of the city of Bucharest and at national level are carried out on different dates for each of the leading bodies provided in art. 48 48 and 51, once every five years. Elections are held within 6 months from the expiration date of the mandate of the governing bodies in office, according to the Electoral Regulation prepared by the Executive Office of the Order of General Nurses, Midwives and Nurses from Romania and approved by the National Council. " 41. In Article 58, letter h) is amended and shall read as follows: " h) other sources, including those provided for in art. 51 51 para. (2), in compliance with the legal provisions. " 42 articles 60 and 61 shall be repealed. 43. After Article 66, a new section is inserted, section 7, comprising articles 66 ^ 1-66 ^ 7, with the following contents: " SECTION 7 Disciplinary liability of the governing bodies at territorial and national level Art. 66 ^ 1. -Members elected in the management positions referred to in art. 48 48 and art. 51 51 para. (3) which do not comply with the provisions of this emergency ordinance, of the statute, as well as the decisions of the National Council or the decisions of the Executive Office of the Order of General Nurses, Midwives and Nurses of Romania shall be Sanction discipline. Art. 66 ^ 2. -(1) The disciplinary sanctions applied in the situations referred to in art. 66 ^ 1 are the following: a) written warning; b) suspension from the management position, from one month to one year; c) revocation from the position of management. (2) The sanctions provided in par. ((1) lit. a) shall be applied by the Executive Office of the Order of General Nurses, Midwives and Nurses of Romania. (3) The sanctions provided in par. ((1) lit. b) and c) shall apply by the National Council of the Order of General Nurses, Midwives and Nurses of Romania. Art. 66 ^ 3. -(1) The non-payment of the fee due by the branches of the Order of General Nurses, Midwives and Nurses of Romania for a period of 3 consecutive months is sanctioned with the suspension of the president of the branch by decision of the Executive Office, until the full payment of the amount due. (2) During the suspension of the president of the branch, his duties are taken over by a deputy chairman of the branch council office, appointed by the Executive Office of the Order of General Nurses, Midwives and Assistants Medical in Romania. (3) The non-payment of the fee due over the 6-month period attracts the revocation from office of the members of the county council office, respectively of the city of Bucharest, by decision of the (4) The lifting of the sanction provided in par. (1) shall be implemented by decision of the Executive Office of the Order of General Nurses, Midwives and Nurses of Romania. (5) The lifting of the sanction provided in par. (3) is implemented by decision of the National Council of the Order of General Nurses, Midwives and Nurses of Romania. Art. 66 ^ 4. -Disciplinary liability of the management bodies of the Order of General Nurses, Midwives and Nurses of Romania, at territorial and national level, does not exclude civil, contravention, criminal or material liability, According to the law. Art. 66 ^ 5. -(1) Appeals against the sanction provided in art. 66 ^ 2 para. ((1) lit. a) is addressed to the Executive Office of the Order of General Nurses, Midwives and Nurses in Romania, within 30 days of the communication of the sanction. (2) The sanctions provided for in art. 66 ^ 2 para. ((1) lit. b) and c) can be challenged at the courts in whose territorial constituency the sanctioned person operates, within 30 days of the communication of the sanction. Art. 66 ^ 6. -The procedure regarding the conduct of the disciplinary investigation, the finding of disciplinary misconduct, the application and prescription of disciplinary sanctions is established by the Statute of the Order of General Nurses, Midwives and Nurses of the Romania. Art. 66 ^ 7. -Health facilities or those of legal medicine have the obligation to provide the commissions of ethics and deontology with the requested medical documents, as well as any other data and information necessary to settle the case. " 44. Article 69 is amended and shall read as follows: "" Art. 69. -The activities in the field of recognition of professional qualifications of general medical assistant, midwife and nurse acquired on the territory of the European Union are carried out by the Order of General Nurses, Midwives and Romanian Nurses under the guidance and supervision of the Ministry of Health. In this regard, the Order of General Nurses, Midwives and Nurses in Romania shall submit to the Ministry of Health the reports on the activities carried out in the field of recognition of professional qualifications. " 45. Article 74 shall be repealed. 46. Annex no. 1, letter d) is amended and shall read as follows: "" d) diplomas, certificates, titles or other evidence of qualification as a nurse responsible for general care, issued by a Member State of the European Union, by a Member State belonging to the European Economic Area or by the Swiss Confederation to their citizens or, respectively, the equivalence attestation issued by the Ministry of Education and Scientific Research, in the case of evidence of qualification of generalist nurse acquired in a third country. " 47. Annex no. 2, letter c) is amended and shall read as follows: " c) diplomas, certificates, titles or other evidence of formal qualifications, issued by a Member State of the European Union, by a Member State belonging to the European Economic Area or by the Swiss Confederation to their citizens or, respectively, the equivalence attestation issued by the Ministry of Education and Scientific Research, in the case of evidence of midwife qualification in a third country. " 48. Annex no. 3, letter d) is amended and shall read as follows: "" d) diplomas, certificates, titles or other evidence of qualification in one of the fields covered by the profession of nurse practitioner in Romania, obtained in a Member State of the European Union, in a Member State belonging to European Economic Area or in the Swiss Confederation, respectively the equivalence attestation issued by the Ministry of Education and Scientific Research, in the case of evidence of qualification acquired in a third country. " + Article II (1) The county and Bucharest branches that have obtained legal personality will take over the rights and will be held by the obligations of the reorganized branches and subrogue in the rights and obligations arising from their relations with third parties, including pending litigation. ((2) The surrender-taking of the asset and the liability shall be made on the basis of protocol concluded within 30 days from the date of entry into force of this Law. + Article III (1) Within 30 days from the date of entry into force of this Law, the Order of General Nurses, Midwives and Nurses of Romania shall take over from the Ministry of Health the activities of attestation of Romanian securities qualification of nurse generalist, midwife and nurse provided by Government Emergency Ordinance no. 144/2008 on the exercise of the profession of general medical assistant, of the profession of midwife and of the profession of nurse, as well as the organization and functioning of the Order of General Nurses, Midwives and Nurses of Romania, approved with changes by Law no. 53/2014 , with subsequent amendments and completions. (2) Within 60 days from the date of entry into force of this Law, the Ministry of Health shall hand over to the Order of General Nurses, Midwives and Nurses in Romania the archive of the documents resulting from the the activities referred to in paragraph ((1), on a protocol basis. ((3) The amendment and completion of the rules for the recognition of the qualifications of general and midwife nurse, respectively, issued by another Member State of the European Union, by another State belonging to the European Economic Area and by The Swiss Confederation of their citizens, in force on the date of entry into force of this law, shall be drawn up by the Ministry of Health, in collaboration with the Order of General Nurses, Midwives and Nurses of the Romania, and is approved by Government decision. + Article IV In the contents Government Emergency Ordinance no. 144/2008 , approved with modifications by Law no. 53/2014 , with subsequent amendments and completions, the phrase "Ministry of Public Health" is replaced by the phrase "Ministry of Health," the phrase "Romanian competent authorities" is replaced by the phrase " Order of General Nurses, Midwives and Nurses in Romania ", and the phrase" honorary president " is eliminated. + Article V Government Emergency Ordinance no. 144/2008 on the exercise of the profession of general medical assistant, of the profession of midwife and of the profession of nurse, as well as the organization and functioning of the Order of General Nurses, Midwives and Nurses of Romania, published in the Official Gazette of Romania, Part I, no. 785 of 24 November 2008, approved with amendments by Law no. 53/2014 , with subsequent amendments and completions, as well as with the amendments and completions brought by this law, will be republished in the Official Gazette of Romania, Part I, giving the texts a new numbering. This law was adopted by the Romanian Parliament, in compliance with the provisions of art. 75 75 and art. 76 76 para. (2) of the Romanian Constitution, republished.
CHAMBER OF DEPUTIES PRESIDENT
VALERIU-STEFAN ZGONEA
SENATE PRESIDENT
CĂLIN-CONSTANTIN-ANTON POPESCU-TARICEANU
Bucharest, November 12, 2015. No. 278. --------