Advanced Search

Law No. 592 Of 22 December 2003 Amending And Completing Law No. 160/1998 For The Organization And Profession Of Veterinary Surgeon

Original Language Title:  LEGE nr. 592 din 22 decembrie 2003 privind modificarea şi completarea Legii nr. 160/1998 pentru organizarea şi exercitarea profesiunii de medic veterinar

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
LEGE no. 592 592 of 22 December 2003 amending and supplementing Law no. 160/1998 for the organisation and exercise of the veterinary profession
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 8 8 of 7 January 2004



The Romanian Parliament adopts this law + Article I Law no. 160/1998 for the organization and exercise of the veterinary profession, published in the Official Gazette of Romania, Part I, no. 289 of 6 August 1998, with subsequent additions, shall be amended and supplemented as follows: 1. Article 1 shall read as follows: "" Art. 1. -(1) The profession of a veterinarian is a liberal and independent profession with regulated autonomous organization. It is organized and operates on the basis of the principle of autonomy, within the professional body represented by the College of Veterinary Physicians. (2) The General Association of Veterinary Physicians of Romania is the scientific and professional non-governmental body of veterinarians, which includes and coordinates the activity of member associations, societies and leagues. (3) Veterinary medicine is a medical science that ensures the comfort and protection of animals and contributes to the maintenance of public health and environmental protection. " 2. After Article 1, a new article is inserted, Article 1 ^ 1, with the following contents: "" Art. 1 1 ^ 1. -(1) The profession of veterinary surgeon shall be exercised in Romania by any person, Romanian citizen, who possesses the diploma of veterinarian equivalent according to the law, as well as the citizens of the Member States of the European Union, of the Economic Area European and citizens of Switzerland, who possess diplomas of veterinarian, certificates or other documents attesting to this qualification provided by law, issued by an educational institution in these states. (2) I can exercise the profession of veterinary surgeon in Romania and the citizens of the Member States of the European Union, of the European Economic Area and the citizens of Switzerland, who possess diplomas, certificates or other documents certifying the qualification of veterinarian, issued by third-country veterinary higher education institutions recognised in a Member State of the European Union. (3) The citizens of the European Union, the European Economic Area and the citizens of Switzerland, who possess certified diplomas or other documents issued by the European Union, may exercise the profession of veterinarian in Romania and the citizens of third states, veterinary education institutions from third countries, attesting to this qualification, equated according to the law. (4) The professional recognition of diplomas, certificates or other documents, certifying the quality of veterinarian, shall be carried out by the College of Veterinary Physicians. ((5) Veterinary doctors, Romanian citizens residing abroad, as well as veterinarians citizens of the Member States of the European Union, of the European Economic Area and the citizens of Switzerland, who exercise the profession of veterinarian in Romania, have the same rights and obligations regarding its exercise as veterinarians members of the College of Veterinary Physicians. " 3. Article 2 shall read as follows: "" Art. 2. -(1) The profession of veterinary surgeon has as objectives the protection of animal health, public health, consumer protection and the environment, in order to improve livestock, ensure the food security of the population, facilitating trade relations and preserving the ecological balance. ((2) By the liberal nature of the profession, the veterinarian with the right of free practice, in the exercise of his profession, is not a public servant. " 4. Article 3 shall read as follows: "" Art. 3. -The profession of veterinarian has exclusivity in the following areas of competence: a) animal health; b) veterinary public health and hygiene of animal and animal products; c) inspection and veterinary checks; d) supervision and diagnosis of veterinary laboratory; e) control of feed hygiene; f) coordination of animal identification and registration; g) continuous veterinary training and education; h) testing, recording and authorising the production and marketing of veterinary products and other materials which may influence the animal health status; i) retail marketing and use of biological products, special use antiparasites and veterinary medicinal products; j) consulting and veterinary audit. " 5. Article 4 shall read as follows: "" Art. 4. -The veterinarian exercises his profession in collaboration with other professions, in the following areas: a) defence of public health and consumer protection; b) animal husbandry and feed; c) the selection, improvement and reproduction of animals; d) the production of veterinary products and other materials affecting the animal health status; e) research of fundamental and applied animal genetics; f) protection of domestic and wild animals; g) industrialisation and valorisation of animal and animal products; h) environmental protection and pollution control; i) medical-veterinary statistics; j) the marketing of veterinary products, except those provided for in art. 3 lit. i); k) control of movement of animals, animal and animal products; l) medical-veterinary research; m) animal nutrition; n) medical-veterinary biotechnologies; o) medical-veterinary education. " 6. Article 5 shall read as follows: "" Art. 5. -In the exercise of the profession, the veterinarian applies, respects and is protected by the laws of the state, as well as by the provisions of the Statute of the veterinarian and the Code of medical deontology approved by the National Congress of Physicians Vets, respecting the law. " 7. Article 6 shall read as follows: "" Art. 6. -The profession of veterinary surgeon shall be exercised in the following professional structures: a) the state veterinary network; b) private veterinary services, legally authorized; c) approved and accredited veterinary educational establishments or authorized to operate provisionally; d) other public and private institutions. " 8. Article 8 shall read as follows: "" Art. 8. -(1) The College of Veterinary Physicians has the following tasks: a) will give the advisory opinion for draft normative acts, regulations and norms for the exercise of the profession in all fields of veterinary activity, according to the legislation in force; b) elaborates the Code of Medical Deontology-Veterinary, the Regulation on the organization and functioning of the College of Veterinary Physicians, the Statute of the veterinarian, whose provisions are mandatory in the exercise of the profession of veterinarian; c) give veterinarians the attestation of free practice; d) apply the disciplinary sanctions provided for by its organization and functioning, suspend or withdraw the attestation of free practice; e) represents the profession in front of governmental bodies, other professional and scientific forums, public or private institutions; f) promote external relations with similar professional organizations and institutions; g) keep records of its members and permanently update their general picture; h) proposes annually to the Ministry of Education, Research and Youth the tuition figure for medical-veterinary higher education; i) provide information support, issue official documents to Romanian citizens who request this official, to exercise the profession in the European Union or in other states, as well as to veterinarians foreign citizens who request to Teacher in Romania, under the law. ((2) In the field of recognition of professional qualifications obtained in the Member States of the European Union and of the European Economic Area, as well as in the matter of the exercise of the veterinary profession by the citizens of the said States, Veterinarians shall adopt decisions having legal effect, harmonized with Community rules. " 9. Article 9 shall read as follows: "" Art. 9. -(1) The Ministry of Education, Research and Youth together with the Ministry of Agriculture, Forestry, Water and Environment, in collaboration with higher education institutions in the field, at the proposal of the College of Veterinary Physicians and the Association General of Veterinary Physicians in Romania, establish the basic professional profiles and specializations of veterinarians. (2) The Ministry of Agriculture, Forestry, Water and Environment together with the College of Veterinary Physicians and higher education institutions organizes the competition and issues certificates certifying the professional degree of veterinary primary doctor. (3) The College of Veterinary Physicians collaborates with public institutions in establishing the directions of development and improvement of the university and postgraduate medical-veterinary education, in accordance with international requirements and standards and with the Romanian legislation. " 10. Article 13 shall read as follows: "" Art. 13. -The National Congress of Veterinary Physicians has the following duties: a) adopt the Regulation on the organization and functioning of the College of Veterinary Physicians; b) adopt the veterinary status c) adopt proposals for normative acts on the profession of veterinarian and approve the Code of Medical Deontology; d) adopt decisions on the training, qualification, specialization and improvement of veterinarians, as well as the criteria for professional promotion; e) adopt resolutions and recommendations on its scientific programme; f) adopt decisions regarding the cooperation relations between the College of Veterinary Physicians and the General Association of Veterinary Physicians in Romania or other professional and scientific forums in the country and abroad. " 11. Paragraph 1 of Article 15 shall read as follows: "" Art. 15. -(1) The membership of the College of Veterinary Physicians is acquired by any veterinarian, Romanian citizen or member states of the European Union, of the European Economic Area or Swiss citizen, regardless of political beliefs, religious, cultural, ethnic origin, which meets the following conditions: a) legally exercise the profession of veterinarian in Romania, in accordance with the provisions of art. 1 1 ^ 1; b) is not in the cases of undignity provided by the legislation in force; c) is medically fit for the exercise of the profession of veterinarian. " 12. After Article 15, a new article is inserted, Article 15 ^ 1, with the following contents: "" Art. 15 15 ^ 1. -(1) Provisions of art. 15 does not apply to the exercise of the profession by the citizens of the Member States of the European Union, of the European Economic Area and by Swiss citizens in the form of service provision. (2) In the situation referred to in par. (1), the citizens of the mentioned states shall register in the register held by the College of Veterinary Physicians for this purpose, without acquiring the quality of members. (3) For the provision of services the persons provided in par. (1) have the obligation to make a statement regarding the services provided, which is submitted to the College of Veterinary Physicians, under the law. (4) In the exercise of the profession in the form of provision of services, these persons shall be subject to the rules of professional deontology. " 13. Article 16 shall read as follows: "" Art. 16. -Members of the College of Veterinary Physicians may be active members and honorary members. The criteria for inclusion of members in one of these categories shall be laid down in the Statute of the veterinarian. " 14. Article 17 shall read as follows: "" Art. 17. -Upon registration in the College of Veterinary Physicians, the veterinarian shall submit before the county council or the Bucharest municipality of the College of Veterinary Physicians, in a solemn setting, the following oath: " I swear to exercise my profession with competence and responsibility, in a dignified manner, with probity and devotion, acting in all circumstances through exemplary conduct, in the spirit of the norms of the Code of medical deontology and respect Country laws I will use all my professional and scientific knowledge for the promotion and defense of animal health, the protection of human health and ecological conditions. I swear to appear, with all my powers, the honor, prestige and noble traditions of the veterinary profession! "" 15. After Article 17, a new article is inserted, Article 17 ^ 1, with the following contents: "" Art. 17 17 ^ 1. -(1) Members of the College of Veterinary Physicians have the following rights: a) in the exercise of the profession are protected by law; b) to exercise his medical profession-veterinary, under the law; c) to carry out its activity unhindered and without any interference from other professional categories; d) to inform the College of Veterinary Physicians about any violation of the right to exercise the profession; e) to attend the meetings of the management bodies of the College of Veterinary Physicians; f) to choose and be elected; g) to participate in the forms of continuous professional development; h) to use insignia and professional or academic titles. ((2) The island, the slander or the threat, committed against the veterinarian during the exercise of the profession and in connection with it, shall be punished according to the law. (3) The performance or other violence committed against the veterinarian, under the conditions of the exercise of the profession, shall be punished according to the law. (4) The criminal action is set in motion on the prior complaint of the injured party, and for the facts provided in par. ((1) lit. d), and ex officio. Withdrawal of prior complaint or reconciliation of the parties shall remove criminal liability. " 16. In Article 18, after letter e), a new letter, letter f) is inserted, with the following contents: "f) the veterinarian who carries out medical-veterinary activity shall respond individually, according to the law, to professional decisions." 17 17. The letter a) of Article 19 shall read as follows: "a) the conduct of activities that contravene the norms of the Code of medical deontology-veterinary, found, sanctioned and left final;" 18 18. The letter a) of Article 20 shall read as follows: " a) whether measures have been taken against the veterinarian to lift the right to practise, as a disciplinary sanction or as a result of the decision of the College of Veterinary Physicians, for the record of professional incapacity or mental illness, attested by medical commission of expertise; ' 19. Article 21 shall be repealed. 20. Article 22 shall read as follows: "" Art. 22. -The National Council of the College of Veterinary Physicians can attest, under the conditions of this law, veterinarians in different professional profiles. " 21. Article 23 shall read as follows: "" Art. 23. -The National Council of the College of Veterinary Physicians makes proposals on the criteria for obtaining professional degrees, according to the legal norms in force, in: a) medical-veterinary assistance; b) veterinary epidemiology; c) surveillance and laboratory diagnosis; d) veterinary public health and hygiene of animal and animal products; e) the pathology of reproduction. " 22. Article 24 shall read as follows: "" Art. 24. -(1) The activities carried out by free medical-veterinary practice are: medical-veterinary assistance, artificial seeding, various specialized services and technical and veterinary legislative consultancy, production and the marketing of antiparasitic and veterinary medicinal products and veterinary equipment and instruments. (. Medical-veterinary services shall be part of the single national veterinary system. " 23. Paragraph 1 of Article 25 shall read as follows: "" Art. 25. --(1) Veterinary doctors with the right of free practice can carry out their activity independently, both as authorized individuals and as legal entities. " 24. After Article 25, eight new articles are inserted, Articles 25 ^ 1-25 ^ 8, with the following contents: "" Art. 25 25 ^ 1. -(1) In the exercise of his profession, the veterinarian with the right of free practice shall be organized and operated within: a) the medical-veterinary office, in one of the following forms: 1. medical-veterinary office; 2. associated medical-veterinary practices; b) commercial companies with main activity of veterinary activities. (2) In the forms of organization of the profession provided in par. (1) exercises the profession of holders or associates, who may have as employees or collaborators veterinarians or any other category of personnel. Art. 25 ^ 2. -(1) The medical-veterinary office is the unit without legal personality, providing medical-veterinary services. (2) In the medical-veterinary office he exercises his profession the titular veterinarian, who may have as employees or collaborators veterinarians or any other category of personnel. (3) Individual cabinets may be associated with associated veterinary medical practices for the purpose of joint work. Veterinarians holders of associated offices retain the individual rights and responsibilities provided by law. Art. 25 ^ 3. -(1) Associated medical-veterinary offices may have common heritage. (2) The veterinarian may always change the form of organization of the profession, with the notification of the authority that approved the establishment and registration of the medical-veterinary office. Art. 25 ^ 4. -Medical-veterinary units with legal personality, which are established according to Law no. 31/1990 on companies, republished, with subsequent amendments and completions, will operate with the following conditions: a) have as main activity the veterinary activities; b) are registered in the Single Register of medical-veterinary offices. Art. 25 ^ 5. -(1) The act of establishment of medical-veterinary offices is the certificate of registration in the Single Register of medical-veterinary offices, with or without legal personality, which is drawn up at the county councils, respectively of the municipality Bucharest, after its approval by the Executive Office of the National Council of the College of Veterinary Physicians. The registration certificate is necessary for obtaining the authorization to operate the cabinet, a copy of which is handed to the holder. (2) The single register of medical-veterinary offices shall be held by the College of Veterinary Physicians. Art. 25 ^ 6. -(1) Buildings, premises, as well as related facilities will not change their destination, and it is mandatory to use only for the purpose of practicing veterinary medicine. (2) Change of destination can only be achieved with the consent of the owner. Art. 25 ^ 7. -(1) Immovable property in public property of the state, currently used for medical-veterinary activities, will be passed in the private domain of the state, according to the provisions art. 10 10 of Law no. 213/1998 on public property and its legal regime, as amended. (2) The goods referred to in par. (1) will be sold, rented or licensed to medical-veterinary offices or, as the case may be, to medical-veterinary units with legal personality. (3) The methodological norms on the sale of goods referred to in (1) is approved by Government decision. Art. 25 ^ 8. -The limits of the endowment of medical-veterinary offices shall be established by the Executive Office of the National Council of the College of Veterinary Physicians. " 25. Article 26 shall read as follows: "" Art. 26. -The tariffs and fees for free medical-veterinary practice shall be established by each veterinarian, on the basis of competence, the College of Veterinary Physicians establishing the minimum and mandatory minimum rates. " 26. Article 27 shall read as follows: "" Art. 27. -(1) Medicines and antiparasitic veterinary products shall be marketed only from legally authorised warehouses, pharmaceutical points and veterinary pharmacies. ((. Biological veterinary products shall be marketed only from approved veterinary stores and shall be used only by approved veterinarians, natural or legal persons, in the framework of the veterinary act. " 27. Article 28 shall read as follows: "" Art. 28. --(1) Veterinary doctors with the right of free practice, on the basis of a contract concluded with the veterinary directions, shall carry out the actions provided for in the surveillance program, prophylaxis and control of diseases in animals that are communicable to humans, as well as other activities that compete in the veterinary supervision of the territory. (2) Payment rates for the shares referred to in par. (1) shall be established by the College of Veterinary Physicians and shall be negotiated for the new budget year with the Ministry of Agriculture, Forestry, Water and Environment, through the National Veterinary Health Agency. " 28. After Article 29, a new chapter is inserted, Chapter V ^ 1, with the following contents: "" CHAPTER V ^ 1 Procedures and sanctions Art. 29 ^ 1. -The Higher Commission of Deontology and Litigation, the county commissions of deontology and litigation, respectively of the city of Bucharest, judges the violation and non-compliance with the specific legislation and regulations on the exercise of the medical profession veterinary, as well as the deontological and disciplinary deviations of veterinarians. Art. 29 ^ 2. -Members of the College of Veterinary Physicians who violate the specific laws and regulations on the exercise of the veterinary profession and do not comply with the Code of Medical Deontology-veterinary answer, depending on the gravity of the deviation, and One of the following sanctions will be applied: a) warning; b) reprimand; c) severe reprimand; d) the suspension of the right to exercise veterinary medicine for a period not exceeding one year from the date of issue of the commission's decision; e) the deletion from the records of the College of Veterinary Physicians, which determines the definitive prohibition of exercising veterinary medicine on the territory of Romania, which can be taken only by the Higher Commission of Deontology and Litigation on the proposal county commission, respectively of Bucharest municipality. Art. 29 ^ 3.-The county commission of deontology and litigation, respectively of the city of Bucharest, represents the first structure to solve the aspects mentioned in art. 29 ^ 1, and the Higher Commission of Deontology and Litigation represents the national forum and the appeal structure for any violation, non-compliance or misconduct committed by a veterinarian and unresolved at the county level. Art. 29 ^ 4. -The procedure for the resolution of disputes and deviations committed by veterinarians is established in the rules of interior order for the Higher Commission of Deontology and Litigation, the county commissions of deontology and litigation and, respectively, of Bucharest. Art. 29 ^ 5. -Disciplinary liability of the members of the College of Veterinary Physicians does not exclude criminal, contravention, civil or material liability, according to this law, according to the legal provisions. Art. 29 ^ 6. -Exercising without the right of any activity specific to the profession of veterinarian constitutes a crime and is sanctioned according to the law. " 29. Article 30 shall be repealed. 30. After Article 30, two new articles are inserted, Articles 30 ^ 1 and 30 ^ 2, with the following contents: "" Art. 30 30 ^ 1. -(1) Control regarding the establishment, organization and functioning of medical-veterinary offices, regardless of the form of organization, shall be exercised by the Ministry of Agriculture, Forestry, Water and Environment through the National Veterinary Health Agency and by the College of Veterinary Physicians. (2) The control on compliance with the legal norms in the provision of medical-veterinary services shall be exercised by the central and territorial veterinary authority, the College of Veterinary Physicians or other competent bodies, under the law. Article 30 ^ 2. -The following acts will be published in the Official Gazette of Romania, Part I, and constitute specific regulations for the implementation of the provisions of this law: a) Veterinary status; b) Regulation on organization and functioning of the College of Veterinary Physicians; c) Code of medical deontology; d) Regulation on the powers and powers of veterinarians with the right of free practice in the performance of public duties. " + Article II Within 30 days from the date of entry into force of the present law, by decision of the Government, at the proposal of the Ministry of Agriculture, Forestry, Water and Environment, the transposition of Community regulations in the field of recognition will be carried out professional qualifications obtained in the Member States of the European Union, the European Economic Area and Switzerland, as well as in the exercise of the veterinary profession by the citizens of the said States. + Article III This law shall enter into force 30 days from the date of its publication in the Official Gazette of Romania, Part I. + Article IV On the date of entry into force of this Law any other provisions to the contrary shall be repealed + Article V Law no. 160/1998 for the organization and exercise of the veterinary profession, published in the Official Gazette of Romania, Part I, no. 289 of August 6, 1998, with subsequent additions, including 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 Senate at its meeting of 11 December 2003, in compliance with the provisions of art. 76 76 para. (1) of the Romanian Constitution, republished. p. SENATE PRESIDENT, DAN MIRCEA POPESCU This law was adopted by the Chamber of Deputies at the meeting of December 16, 2003, in compliance with the provisions of 76 76 para. (1) of the Romanian Constitution, republished. CHAMBER OF DEPUTIES PRESIDENT VALER DORNEANU Bucharest, December 22, 2003. No. 592. -------