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Law No. 306 Of 28 June 2004 On The Exercise Of The Medical Profession And The Organization And Functioning Of The College Of Physicians In Romania

Original Language Title:  LEGE nr. 306 din 28 iunie 2004 privind exercitarea profesiei de medic, precum şi organizarea şi funcţionarea Colegiului Medicilor din România

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LEGE no. 306 306 of 28 June 2004 (* updated *) on the exercise of the medical profession and the organization and functioning of the Romanian College of Physicians ((updated until 14 December 2005 *)
ISSUER PARLIAMENT




-------------- *) The initial text was published in the OFFICIAL GAZETTE no. 578 578 of 30 June 2004. This is the updated form of S.C. "Territorial Center of Electronic Computing" S.A. Piatra Neamt until December 14, 2005, with the amendments and additions made by: ORDINANCE no. 53 53 of 23 July 2004 repealed by EMERGENCY ORDINANCE no. 60 60 of 26 August 2004 and rejected by LAW no. 428 428 of 25 October 2004 ; EMERGENCY ORDINANCE no. 60 60 of 26 August 2004 ; EMERGENCY ORDINANCE no. 135 135 of 14 December 2004 ; LAW no. 59 59 of 21 March 2005 ; LAW no. 221 221 of 11 July 2005 ; EMERGENCY ORDINANCE no. 175 175 of 8 December 2005 . The Romanian Parliament adopts this law + Chapter I Exercise of the profession of doctor + Section 1 General provisions + Article 1 The medical profession is exercised, on the territory of Romania, under the conditions of this law, by the natural persons possessing an official title of qualification in medicine. These may be: a) citizens of the Romanian state; b) citizens of a Member State of the European Union, of a State belonging to the European Economic Area or of the Swiss Confederation; c) the spouse and descendants of the first degree in the maintenance of a citizen of one of the states referred to in lett. b), who legally carry out salaried or unsalted activities on the territory of Romania, regardless of their nationality; d) the beneficiaries of the long-term resident status, granted according to the European Union rules by one of the states referred to in lett. b). + Article 2 ((1) For the purposes of this Law, the term of the citizens of a Member State of the European Union, of a State belonging to the European Economic Area or of the Swiss Confederation shall designate, by assimilation, the doctors in the situations referred to in art. 1 lit. c) and d). (. Exclusively, by the Member State of origin or the Member State of origin or, where applicable, the host Member State shall be understood as a Member State of the European Union, a State belonging to the European Economic Area or the Swiss Confederation. (3) The official medical qualification shall mean: a) diploma of doctor, issued by an accredited medical-pharmaceutical higher education institution in Romania; b) the certificate of specialist doctor issued by the Ministry of Health; c) the certificate of primary physician issued by the Ministry of Health; d) diploma, certificate or other title in medicine, issued in accordance with European Union rules by the Member States of the European Union, states belonging to the European Economic Area or by the Swiss Confederation; e) diploma, certificate or other title in medicine, acquired in a third State and recognised by one of the Member States listed in lett. d) or equated in Romania. + Article 3 The official qualification titles in medicine obtained outside Romania, of the Member States of the European Union, of the states belonging to the European Economic Area or the Swiss Confederation are equivalent according to the law. The exception to these provisions make the official qualifications titles in medicine that have been recognized by one of these states. + Article 4 The control and supervision of the exercise of the medical profession is carried out by the Romanian College of Physicians and by the Ministry of Health, hereinafter referred to as Romanian competent authorities. + Article 5 (1) The medical profession is mainly aimed at ensuring the state of health by preventing illness, promoting, maintaining and recovering the health of the individual and the collective. (2) In order to achieve this goal, throughout the exercise of the profession, the doctor must prove availability, correctness, devotion, loyalty and respect to the human being. (3) Decisions and decisions of a medical nature shall be taken with regard to the interest and rights of the patient, generally accepted medical principles, non-discrimination between patients, respect for human dignity, principles of ethics and deontology medical, care for patient health and public health. + Article 6 (1) In order to ensure in any circumstance the interests of the patient, the medical profession is based on his independent exercise and the professional freedom of the doctor, as well as the right of decision on the medical decisions. (2) Given the nature of the doctor's profession and the fundamental obligations of the doctor towards his patient, the doctor is not a public official. (3) In connection with the exercise of the profession and within the limits of professional competences, the doctor cannot be imposed restrictions on prescription and medical recommendations, given the humanitarian nature of the medical profession, the obligation to the doctor of particular respect to the human being and of loyalty to his patient, as well as the right of the doctor to prescribe and recommend everything that is medically necessary to the patient. (4) The working time is in accordance with the rules of the World Health Organization. + Article 7 (1) Except in cases of force majeure, emergency times when the patient or his or her legal representatives are unable to express their will or consent, the doctor acts respecting the will of the patient and the right to refuse or to stop a medical intervention. (2) Medical responsibility shall cease if the patient does not comply with the prescription or medical recommendation. + Article 8 (1) The medical profession, regardless of the form of exercise, employee and/or independence, shall be exercised only by the members of the Romanian College of Physicians. ((2) For access to one of the doctor's activities or the exercise thereof, the 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, are exempted, in case of temporary provision of medical services, from the obligation of registration in the Romanian College of Physicians. + Article 9 (1) Upon receiving in the ranks of the Romanian College of Physicians, the doctor will take the Hippocratic oath in the modern formulation adopted by the World Medical Association in the framework of the Geneva Declaration of 1975: " Once admitted among the members of the medical profession, I solemnly pledge to consecrate my life in the service of I'll keep my teachers the respect and gratitude they're owed, I will exert the profession with conscience and dignity, Patient health will be for me the sacred obligation, I will keep the secrets entrusted to the patients, even after their demise, I will maintain, by all means, the honor and noble tradition of the medical profession, My colleagues will be my brothers, I will not allow myself to interpose between my duty and patient considerations of nationality, race, religion, party or social state, I will retain full respect for human life from its inception even under threat and I will not use my medical knowledge contrary to the laws of humanity. I take this oath solemnly, freely, on honor! " (2) Provisions of para. ((1) shall also apply: a) Romanian citizens established abroad; b) to the 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; c) 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 and applying for entry into the profession in Romania. (3) The doctors referred to in par. ((2) lit. b) and c) may be sworn in in Romanian or in one of the languages of circulation in the European Union. + Article 10 (1) The profession of doctor shall be exercised on the territory of Romania by the persons referred to in art. 1, which meet the following conditions: a) hold an official qualification title in medicine; b) are not found in any of the cases of undignity or incompatibility provided by this law; c) are members of the Romanian College of Physicians or are temporarily registered with the Romanian College of Physicians; d) are medically fit for the exercise of the medical profession. ((2) The citizens of a Member State of the European Union, of a State belonging to the European Economic Area or of the Swiss Confederation, established on the territory of Romania, shall exercise the profession of a doctor with the same rights and obligations as the doctors Romanian citizens members of the Romanian College of Physicians. + Article 11 (1) The medical profession shall be exercised in Romania with the professional title corresponding to the professional qualification appropriated, as follows: a) general medicine doctor; b) Specialist doctor in one of the clinical or paraclinical specialties provided by the Nomenclature of medical, medical-dental and pharmaceutical specialties for the healthcare network; c) primary physician in one of the clinical or paraclinical specialties provided by the Nomenclature of medical, medical-dental and pharmaceutical specialties for the healthcare network. (2) Provisions of para. ((1) shall also apply to citizens of a Member State of the European Union, of a State belonging to the European Economic Area or of the Swiss Confederation holding an official title of qualification in medicine and exercising the profession in Romania. ((3) The doctors who obtained the certificate of member of the Romanian College of Physicians can carry out medical activities according to the professional training in the public health system or/and in the private system, either as employees or as a natural person independence on the basis of contract. Under the law, doctors can set up medical practice practices. + Article 12 ((1) Certificates issued by the competent authorities of a Member State of the European Union, of a State belonging to the European Economic Area or of the Swiss Confederation, certifying that their national physician is a holder of as earned, are recognized by the Romanian competent authorities, allowing the exercise of the activities of doctor and family doctor, respectively, including within the national health insurance system, in compliance with the provisions this law. (2) The right of citizens of the Member States of the European Union, of the states belonging to the European Economic Area or of the Swiss Confederation to exercise the activities of a doctor, as well as those of a general practitioner, shall be understood, including within the social protection system of the Member State of origin or provenance, where they were entitled to the practice of the profession and were established in that Member State, prior to implementation Directive of the European Union no. 93 93 /16/EEC . + Section 2 Undignity and incompatibilities + Article 13 It is unworthy to exercise the medical profession: a) the doctor who was definitively convicted of intentionally committing a crime against humanity or life in circumstances related to the exercise of the profession of doctor and for which rehabilitation did not intervene; b) the doctor to whom the punishment of the prohibition to exercise the profession has been applied, for the duration established, by judicial or disciplinary decision. + Article 14 (1) The exercise of the medical profession is incompatible with: a) the quality of the employee or collaborator of the production or distribution units of pharmaceutical products or sanitary materials; b) the quality of merchant; c) any occupation likely to affect the professional dignity of doctor or good morals, according to the Code of medical deontology; d) inadequate physical or mental health status for the exercise of medical profession. (2) During the state of incompatibility, the quality of member of the Romanian College of Physicians and the right of exercise of the profession is suspended. (3) Within 10 days from the occurrence of the incompatibility situation, the doctor is obliged to notify the college of which he is a member. ((4) At the request of the doctor, the president of the college to which the doctor belongs may constitute a special commission, for each case, made up of 3 primary doctors, in order to confirm or refute the incompatibility situation. + Section 3 Authorization of the medical profession + Article 15 (1) The exercise of the medical profession is done, after obtaining the membership of the Romanian College of Physicians, based on the authorization of free practice granted by the Ministry of Health, until the accession of Romania to the European Union, after which this competence passes the responsibility of the Romanian College of Physicians. (2) The certificate of member of the Romanian College of Physicians is obtained on the basis of the following documents: a) the official medical qualification titles provided by law; b) the criminal record certificate; c) the health certificate; d) self-declaration regarding the fulfilment of the conditions provided in art. 13 13 and 14. (3) The Romanian College of Physicians will communicate, ex officio, within 5 days, to the Ministry of Health a copy of the issued certificate. ((4) The 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, shall exercise the profession on the basis of the documents issued according to art. 21 and under the conditions provided in art. 35. (5) In case of temporary provision of services on the territory of Romania, the 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, are exempted from the obligation to obtain the certificate of member of the Romanian College of Physicians, as well as the authorization of free practice of the medical profession. Access to doctor's activities during the provision of services is made according to the provisions of art. 25. + Article 16 (1) The retirement age of doctors is 65, regardless of gender. Doctors in medicine can stay in activity until the age of 70. ((2) Academicians, professors, university lecturers and scientific researchers grade I and II, who carry out medical activities, can continue, on request, medical activity until the age of 70. The maintenance in the medical activity, after the fulfillment of this age, is done with the agreement of the Romanian College of Physicians and with the approval (3) Persons referred to in par. ((1) and (2) may ask for retirement if the conditions provided for by state social insurance legislation are met. (4) Doctors who have exceeded the ages provided in par. (1) and (2) may continue to practice, on the basis of the certificate of member of the Romanian College of Physicians, only in the private sector, based on the annual authorization of the Romanian College of Physicians, issued after the medical examination. (5) Persons who have reached the age of 65 cannot hold the position of general manager, deputy director-general in the Ministry of Health and ministries and central institutions with their own health network, health departments county public and the city of Bucharest, of the National Health Insurance House and of the county health insurance houses, as well as the positions of general manager, deputy general manager of hospital and head of section. In clinical and university hospitals university professors can serve as head of section until the age of 70. (6) Doctors held or admitted for political reasons, in the situations provided for in art. 1 1 para. ((1) and (2) of Decree-Law no. 118/1990 on the granting of rights to persons persecuted for political reasons of dictatorship established with effect from 6 March 1945, as well as those deported abroad or constituted in prisoners, republished, with amendments and completions subsequent, can be maintained, on request, in professional activity, based on the annual health certificate. These provisions also apply to doctors who, for political reasons, were obliged to interrupt their studies for a certain period, obtaining their license late, or to those who were prevented from resuming their professional activity. (7) By way of derogation from the provisions of paragraph (4), family doctors who are domiciled in rural areas and who exercise their profession in the locality of residence or in localities in rural areas bordering can continue their activity after reaching the retirement age, on request, with annual opinion issued by the Ministry of Health and the Romanian College of Physicians, based on the health certificate. (8) By way of derogation from the provisions of paragraph (4), in the situation of a shortage of higher medical personnel, for units subordinated to the Ministry of Health and public health departments, respectively, specialized doctors in public health facilities can continue their activity after the retirement age, at the request of the employer, with an annual opinion issued by the Ministry of Health and the Romanian College of Physicians, based on the health certificate. (9) For the proper functioning of some wards in hospitals, derogations from the provisions of paragraph may be made in medical specialties without coverage in the territory. (1), at the proposal of the public health departments, county and Bucharest, with the opinion of the Romanian College of Physicians and with the approval of the Ministry of Health. The derogations shall be made on an annual basis provided that the posts are taken out. -------------- Alin. ((8) art. 16 was introduced by EMERGENCY ORDINANCE no. 60 60 of 26 August 2004 published in MONITORUL OFFICIAL no. 806 806 of 1 September 2004. Alin. ((1), (2), (3), (5) and (7) of art. 16 16 have been amended by section 1 1 of art. I of LAW no. 221 221 of 11 July 2005 , published in MONITORUL OFFICIAL no. 624 624 of 18 July 2005. Alin. ((9) of art. 16 16 has been introduced by section 2 2 of art. I of LAW no. 221 221 of 11 July 2005 , published in MONITORUL OFFICIAL no. 624 624 of 18 July 2005. + Article 17 (1) If a doctor interrupts his professional activity or is in a situation of incompatibility for a period of more than 5 years, the Romanian College of Physicians will reprove his professional competence, in order to resume medical activity. (2) The procedure regarding the modalities and conditions of professional level verification and attestation shall be established by the National Council of the Romanian College of Physicians. (3) The provisions of par. (1) shall also apply to the 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. + Article 18 (1) The practice of a doctor's profession by a person who does not have this quality constitutes a crime and is punishable under the Criminal Code. (2) The Romanian College of Physicians, through the president of the territorial college, is entitled to exercise civil action or to refer, as the case may be, judicial bodies or competent authorities, for the prosecution and prosecution of persons who assigns or uses, without right, the title or quality of doctor or practise unlawfully in medicine. (3) The criminal action against a member of the Romanian College of Physicians on facts related to the exercise of the medical profession is set in motion with the prior notification of the college of which the doctor is a member. (4) Civil or criminal courts, ex officio, shall communicate to the Romanian College of Physicians the final judicial decisions, by which they have ruled on the facts exercised during and in connection with the profession by doctors on Romanian territory. + Chapter II Provisions on the exercise of the medical profession on the territory of Romania by the citizens of a Member State of the European Union, of a State belonging to the European Economic Area or of the Swiss Confederation + Section 1 Provisions on facilitating the right of establishment + Article 19 When entering the profession, the citizens of a Member State of the European Union, of a state belonging to the European Economic Area or of the Swiss Confederation will present to the competent Romanian authorities the certificate of the criminal record issued by the Member State of origin or provenance or, failing that, an equivalent document issued by that State. + Article 20 (1) For access to one of the medical activities or for its exercise, the citizens of a Member State of the European Union, of a State belonging to the European Economic Area or of the Swiss Confederation shall submit to the authorities Romanian competent physical and mental health certificate issued by the Member State of origin or provenance. (2) If, for the access and exercise of the activity provided in par. ((1), the Member State of origin or the Member State of origin does not impose such a requirement and, consequently, does not issue to its citizens such a document, the Romanian competent authorities shall accept from it an attestation equivalent to the health certificate. + Article 21 ((1) Applications of citizens of a Member State of the European Union, of a State belonging to the European Economic Area or of the Swiss Confederation on access to Romania to one of the medical activities shall be settled by The Ministry of Health, in collaboration with the Romanian College of Physicians, within 3 months from the date of submission of the complete file by the interested one. (2) The file provided in par. (1) shall include the following documents: a) the identity document; b) diploma of doctor obtained in Romania, diploma of doctor obtained or, as the case may be, recognized in a Member State of the European Union, in a state belonging to the European Economic Area or in the Swiss Confederation, respectively the equivalence attestation issued by the Ministry of Education and Research in the case of doctor's degrees obtained in a third country and which have not been recognised by one of the listed Member States; c) in the situation of medical specialists, and diploma, certificate or title certifying specialization in one of the clinical or paraclinical specialties provided by the Nomenclature of medical, medical-dental and pharmaceutical specialties for the network of medical assistance or European Union rules, as appropriate; d) the health certificate or its equivalent attestation, issued by the Member State of origin or provenance; e) the criminal record certificate, issued by the Member State of origin or origin, if the entry into the profession is made in Romania, and in its absence, the equivalent document issued by that state. (3) The decisions of the Romanian competent authorities in these cases may be appealed to the administrative court. (4) In the situation provided for in art. 22, the request for review suspends the legal settlement deadline. The Romanian competent authorities will continue the procedure provided in par. ((1) after receiving the reply from the Member State consulted or after the expiry of the 3-month period laid down by the European Union rules for the formulation of the response by the Member States consulted in these situations + Article 22 (1) When the Romanian competent authorities are aware of serious and precise facts that may have repercussions on the commencement of professional activity or on the exercise of the profession of doctor in Romania, committed by the citizens of a state Member of the European Union, of a State belonging to the European Economic Area or of the Swiss Confederation, prior to establishment in Romania and outside its territory, shall inform the Member State of origin or provenance of those concerned. (. The competent authorities of the Romanian competent authorities shall communicate to the host Member State the information requested in respect of disciplinary sanctions of a professional or administrative nature and of criminal sanctions taking into account the exercise of the profession doctor, applied to doctors during the exercise of the profession in Romania. (3) The Romanian competent authorities shall analyze the information transmitted by the host Member State regarding the serious and precise acts committed by Romanian or Romanian citizens, prior to establishment in the host Member State and outside territory, or facts that may have repercussions on the commencement of professional activity or on the exercise of the profession of doctor in that state. (4) The Romanian competent authorities decide on the nature and extent of the investigations they undertake in the situations for which they were notified and communicate to the host Member State, within 3 months from the receipt of its request, the consequences which results in the attestations and the documents which they have issued in those cases. (5) The Romanian competent authorities shall ensure confidentiality of the information + Article 23 The documents provided in art. 19, 20 and 22 are valid for 3 months from the date of issue. + Section 2 Provisions on the free provision of medical services + Article 24 ((1) The 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 those States, are exempted from the obligation of enrolment in the College of Physicians of the Romania, as well as from the payment of the membership fee, when requesting access to one of the doctor's activities, in order to provide temporary medical services in Romania. (2) Persons referred to in par. (1) are automatically registered at the Romanian College of Physicians during the temporary provision of medical services, in order to apply the provisions of art. 28, based on the Ministry of Health information (3) The exercise of doctor's activities in these situations is done with the rights and observance of the other obligations provided by law for Romanian citizens. (4) When, during the temporary provision of services in Romania, the persons listed in par. (1) violate the professional or administrative provisions provided by law, the Romanian competent authorities shall inform the Member State in which those concerned are established. + Article 25 (1) The temporary provision of medical services on the territory of Romania by the 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 shall be made based on the following documents: a) the prior declaration addressed to the Romanian competent authorities by the applicant, a declaration stating the duration of the medical activity, the nature and the location of these activities. In urgent cases, the declaration may be made within a maximum of 7 days after the end of the performance of these activities; b) evidence by which the competent authorities of the Member State in which it is established shall certify that the applicant lawfully exercises the activities in question c) evidence that the competent authorities of the Member State of origin or the Member State of origin certify that the applicant is the holder of the diplomas, certificates or other evidence of formal qualifications provided by the European Union in question. (2) The documents provided in par. ((1) shall be valid for 12 months from the date of their issue. + Article 26 ((1) In case of temporary provision of services that train the movement of the provider in Romania, the 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, are exempted from the accreditation procedure provided for by the health insurance legislation. (2) Persons referred to in par. (1) have the obligation to inform in advance the National Health Insurance House on the services they are to provide on the territory of Romania, and in case of emergency, within a maximum of 7 days from their provision. + Article 27 Starting with the date of accession to the European Union, the Romanian competent authorities will withdraw, as the case may be, temporary or definitive, the evidence provided 25 25 para. ((1) lit. b) issued to Romanian citizens, as well as to doctors who meet the conditions provided in art. 1 lit. b)-d), established in Romania, if they are subject to the sanctions provided by law with the lifting of the right of free practice of the profession. + Section 3 Common provisions on the right of establishment and freedom to provide medical services + Article 28 The citizens of a Member State of the European Union, of a State belonging to the European Economic Area or of the Swiss Confederation, which, while exercising the profession in Romania, infringes the provisions, laws and regulations of the profession, respond according to law + Article 29 ((1) The 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 medical profession in Romania shall have the right to attach to the professional title referred to in art. 11 the legal form of training obtained in the Member State of origin or origin, in the language of the issuing State and, possibly, the abbreviation of that title. The training title will be accompanied by the name and place of the institution or the issuing body. (2) If the respective training title designates in Romania a complementary training not appropriated by the beneficiary, it will use in the exercise of the profession the corresponding form of the title, indicated by the Romanian competent authorities. + Article 30 ((1) The citizens of a Member State of the European Union, of a State belonging to the European Economic Area or of the Swiss Confederation, established and exercising the medical profession in Romania, are required to inform the competencies on health legislation, the field of social security, as well as on the Code of Medical Deontology. (2) In order to provide the information provided in par. (1), the competent Romanian authorities will organize, at the level of territorial and central structures, legislative information offices. + Chapter III Organization and functioning of Romanian College of Physicians + Section 1 General provisions + Article 31 (1) The Romanian College of Physicians organizes and operates as a professional organization of the medical body, of public interest, apolitical and without patrimonial purpose, having as main object of activity the control and supervision of the exercise profession of doctor. (2) The Romanian College of Physicians has institutional autonomy and exercises its powers without the possibility of interference. + Article 32 (1) The Romanian College of Physicians is organized and operates on territorial criteria, at national and county level, respectively at the level of Bucharest. (2) Between the Romanian College of Physicians and the territorial colleges there are relations of functional, organizational and financial autonomy. (3) The headquarters of the Romanian College of Physicians is in Bucharest. + Section 2 Romanian College of Physicians + Article 33 (1) The Romanian College of Physicians has the following tasks: a) ensure the application of laws, regulations and norms that organize and regulate the exercise of the medical profession; b) defend the dignity and promote the rights and interests of its members in all spheres of activity; defend the honor, freedom and professional independence of the doctor, as well as his right of decision in exercising the medical act; c) ensure that doctors comply with their obligations towards the sick and public health; d) develop and adopt the Statute of the Romanian College of Physicians and the Code of Medical Deontology e) control and supervise the exercise of the medical profession, regardless of the form of exercise and the health unit in which it is carried out, as well as the application of specific laws and regulations; f) collaborates with the Ministry of Health to train, specialize and improve the professional training of doctors; g) act, both alone and together with public authorities/institutions with attributions in the field, in order to ensure the quality of the medical act in medical facilities; h) develops guidelines and protocols of medical practice, the criteria and conditions regarding the quality assurance of the medical act, which it proposes, for approval, to the Ministry of Health; i) collaborate with the Ministry of Health to develop the methodology for awarding professional and thematic competition; j) organize forms of continuous medical education and to raise the degree of professional competence of its members; k) collaborates with the Ministry of Health to develop criteria and standards for the endowment of independent medical practice offices; l) establish and regulate the advertising regime of medical activities; m) ensure the necessary framework for the conduct of fair competition based solely on the promotion of professional competence n) control the way in which the professional independent employers are respected and their right of decision in the exercise of the medical act; o) promote and establish external relations with similar institutions and organizations; p) collaborates with the Ministry of Health to develop medical or social health insurance regulations; q) represents doctors with independent practice who carry out medical activities within the health insurance system; in this regard, a commission will be organized that will negotiate the conditions and legal relations of this category of doctors with the health insurance system; r) organizes the adjudication of cases of deviations from the norms of professional ethics, medical deontology and from the rules of good professional practice, as an organ of professional jurisdiction; s) determines, depending on the degree of professional risk, the value of the risk insured in the professional liability insurance for its members; t) support institutions and actions of provision and medical-social assistance for doctors and their families; u) participate, together with the Ministry of Education and Research and the Ministry of Health, to establish the annual number of places in accredited medical faculties, as well as the number of places in residency; v) organize language training centers, necessary for the exercise of professional activity by the citizens of the Member States of the European Union, of the states belonging to the European Economic Area or of the Swiss Confederation; x) participate in the elaboration of the framework contract, under the law; y) participate, together with the Ministry of Health, equally, at the establishment of the parental accreditation commissions. (2) The Romanian College of Physicians endorses the establishment of private medical offices regardless of their legal form and participates, through designated representatives, at the competitions organized for filling positions in public health facilities. + Article 34 In the exercise of the powers provided by this law, the Romanian College of Physicians, through national or territorial structures, has the right to bring legal action in its own name or on behalf of its members. + Section 3 Members of the Romanian College of Doctors + Article 35 (1) In order to exercise the medical profession, the Romanian citizens and the 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, have the obligation to is enrolled in the Romanian College of Physicians. (2) The membership is proven by the certificate of member of the Romanian College of Physicians, which is issued in the professional body. (3) The registration in the Romanian College of Physicians and the issuance of the membership certificate shall be made only for doctors who meet the conditions provided in art. 10 10 para. ((1) lit. a), b) and d) and have taken the oath provided in art. 9. (4) The removal of the oath will be mentioned in the certificate of member of the Romanian College of Physicians. (5) Members of the Romanian College of Physicians and the 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 and who temporarily provide medical services in Romania, in compliance with the provisions of par. ((3). (6) The quality of member of the Romanian College of Physicians can keep, on request, the retired doctors who have practiced the medical profession. (7) On the date of entry into force of this Law, they have as a member of the Romanian College of Physicians all doctors registered until this date. (8) The members of the Romanian College of Physicians are registered in a register, which is made public annually by the Romanian College of Physicians. (9) The record and identification of the members of the Romanian College of Physicians will also be possible by using the personal numerical code. + Article 36 (1) On request, the members of the Romanian College of Physicians who, for objective reasons, interrupt for up to 5 years the exercise of the medical profession, may request the suspension of the membership for that duration. (2) During the suspension on request of the membership of the Romanian College of Physicians, the obligations and rights arising from this law shall be suspended. (3) The interruption of the exercise of the medical profession for a duration of more than 5 years attracts, rightfully, the loss of the membership of the Romanian College of Physicians. + Article 37 (1) Romanian citizens and 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, who wish to exercise the profession, shall register as members of the The College of Physicians of Romania at the territorial college in whose radius is the unit to which they are to carry out their activity or at the territorial college in whose area they have their domicile or residence. (2) Doctors taken into account of a territorial college, if they exercise medical activities and within the radius of another territorial college, are obliged to announce this college as well. + Section 4 Rights and obligations of Romanian College of Physicians + Article 38 Members of the Romanian College of Doctors have the following rights: a) to choose and be elected to the governing bodies at the level of the territorial or national structures of the Romanian College of Physicians; b) to address the competent bodies of the Romanian College of Physicians and to receive the requested information; c) to participate in any action of the Romanian College of Physicians and to be informed in a timely manner about it; d) to use, together with their family members, all the social, professional, cultural and sports facilities of the Romanian College of Physicians and of the territorial colleges; e) bear the insignia of the Romanian College of Physicians f) to challenge the sanctions received; g) to request material aids for special situations, both personally and through their family members; h) doctors in activity or pensioners, as well as their spouse and children in their maintenance benefit free of charge, as of January 1, 2007, of medical assistance, medicines and prostheses, under the conditions of compliance the legal provisions on the payment of the contribution to health insurance. --------------- Article 1 of ORDINANCE no. 53 53 of 23 July 2004 *) published in MONITORUL OFFICIAL no. 690 690 of 30 July 2004 provides: " The entry into force of the provisions art. 38 lit. h) of Law no. 306/2004 on the exercise of the medical profession, as well as the organization and functioning of the Romanian College of Physicians, published in the Official Gazette of Romania, Part I, no. 578 of 30 June 2004, shall be extended until 1 January 2005. '; * *) ORDINANCE no. 53 53 of 23 July 2004 has been repealed by EMERGENCY ORDINANCE no. 60 60 of 26 August 2004 published in MONITORUL OFFICIAL no. 806 806 of 1 September 2004. Letter h) a art. 38 was amended by EMERGENCY ORDINANCE no. 60 60 of 26 August 2004 published in MONITORUL OFFICIAL no. 806 806 of 1 September 2004. Letter h) of art. 38 38 has been repealed by art. I of EMERGENCY ORDINANCE no. 135 135 of 14 December 2004 *), published in the OFFICIAL GAZETTE no. 1.241 1.241 of 22 December 2004. * *) EMERGENCY ORDINANCE no. 135 135 of 14 December 2004 , published in MONITORUL OFFICIAL no. 1.241 of 22 December 2004 was approved with amendments to the LAW no. 59 59 of 21 March 2005 , published in MONITORUL OFFICIAL no. 256 of 28 March 2005 reinstating the letter h) of art. 38 38 in the form in which it appears above. Letter h) of art. 38 38 has been amended by art. I of EMERGENCY ORDINANCE no. 175 175 of 8 December 2005 , published in MONITORUL OFFICIAL no. 1.131 1.131 of 14 December 2005. + Article 39 The obligations of the Romanian College of Physicians are: a) to provide proof of knowledge of professional deontology norms and those governing the organization and functioning of the professional body; the method of testing the knowledge of deontology and professional legislation is established by National Council of the Romanian College of Physicians; b) to comply with the provisions of the Statute of the College of Physicians of Romania, of the Code of Medical Deontology, the decisions of the governing bodies of the Romanian College of Physicians and the regulations c) to solve the tasks entrusted to them as members or representatives of the professional body; d) participate in the events initiated by the governing bodies, professional or professional training activities initiated or organized by the national or local governing bodies; e) to attend meetings or meetings at which they were convened; f) to execute in good faith the tasks arising from the decisions of the governing bodies of the Romanian College of Physicians; g) refrain from the deliberations of the governing bodies in which they are elected, if, in the performance of duties of these organs, they have an interest of their own; h) keep professional secrecy; i) to keep, within the profession, the confidentiality of the debates, opinions and votes cast in the governing bodies; j) comply with the norms, principles and duties of medical deontology; k) to have a dignified behavior in the exercise of the profession or of the membership of the Romanian College of Physicians; l) to pay, within the established period, the contribution due as a member of the Romanian College of Physicians; m) to resolve disputes with other members, primarily through mediation by the commissions organized for this purpose within the Romanian College of Physicians; n) to execute in good faith the duties assigned to them as a representative or member of the governing bodies of the Romanian College of Physicians, in the county colleges or in the College of Physicians of Bucharest Municipality. + Article 40 The obligations of the members of the Romanian College of Physicians, arising from their special quality of doctors, are: a) comply with and apply, in any circumstance, the norms of medical deontology; b) not to harm the reputation of the medical body or other members, respecting the professional body status of the Romanian College of Physicians; c) to provide, promptly and unconditionally, emergency medical care, as a fundamental professional and civic duty; d) to act, for the duration of the profession, in order to increase the degree of professional training; e) to apply the paraphernalia, including the name, surname, degree, specialty and code, on all the medical documents they sign; f) respect the rights of patients. + Article 41 (1) In order to increase the professional training and to ensure a high level of medical knowledge, doctors are obliged to carry out a number of training courses and other forms of continuous medical education and information in the field of medical sciences, for the cumulation of the number of credits established in this regard by the Romanian College of Physicians. The programs are credited, as well as the other forms of continuous medical education approved by the Romanian College of Physicians. (2) Physicians who do not realize during 5 years the minimum number of medical education credits continue, established by the National Council of the Romanian College of Physicians, are suspended the right of free practice until the number of appropriations respectively. + Section 5-a Organisation and operation A. Organization at territorial level + Article 42 (1) At the level of each county, respectively at the level of Bucharest, a college of doctors, consisting of all doctors with the right of free practice from the respective administrative-territorial unit, hereinafter referred to as the college territorial. (2) The territorial colleges of doctors have legal personality, patrimony and own budget. The patrimony is constituted of movable and immovable property, acquired under the law. (3) The headquarters of the territorial college of doctors is in the city of residence of the county, respectively in Bucharest, for the College of Physicians of Bucharest. (4) No territorial college can operate outside the Romanian College of Physicians. + Article 43 The governing bodies of the territorial college are: a) general meeting; b) council; c) council office; d) President. + Article 44 (1) The General Assembly shall consist of members of the territorial college. (. The General Assembly shall meet annually, in the first quarter, at the convocation of the Council, and shall adopt decisions by simple majority in the presence of 2/3 of the number of its members. If at the first convocation no majority of 2/3 was made, after 10 days a new meeting is organized, with the same agenda, which will adopt decisions by simple majority, regardless of the number of members present. (. The General Assembly shall have the following tasks: a) approve the draft budget of the college and, based on the report of the censors, discharge the council for the fiscal year ended; b) determine the meeting allowance of the members of the discipline committee; c) elect the censor committee of the college. + Article 45 Members of the territorial colleges board and members in the national general assembly shall be elected for a period of 4 years by the respective college members, according to an electoral regulation, approved by the National Council of the College of Physicians of Romania. + Article 46 (1) The Council shall have a number of members in proportion to the number of doctors registered in the college on the date of the elections, as follows a) 11 members, for a number of up to 500 registered doctors; b) 13 members, for a number of 501 to 1,000 registered doctors; c) 19 members, for a number of 1,001 up to 2,000 registered doctors; d) 21 members, for a number of more than 2,000 registered doctors. (2) The council constituted at the level of the city of Bucharest consists of 23 members. (3) In proportion to the number of members of the Council, 3-9 alternate members will be elected. + Article 47 The Council of the territorial college shall exercise the powers provided by law and data in its competence by the Statute of the Romanian College of Physicians or by the decision + Article 48 (1) The Council of the territorial college, in the first meeting, organized within a maximum of 5 days of election, shall elect the council office. (2) The office of the territorial college council consists of a president, 3 vice presidents and a secretary. (3) The president of the territorial college council office is also the president of the territorial college B. Organisation at national level + Article 49 (1) The Romanian College of Physicians is made up of all the doctors enrolled in the territorial colleges. (2) The Romanian College of Physicians has legal personality, heritage and own budget. The contributions of the territorial colleges in the fixed rate of 20% of the amount of the contributions are also included in the budget. The patrimony can also be used in income-producing activities, under the law. + Article 50 The governing bodies, at national level, of the Romanian College of Physicians are: a) the national general meeting; b) the national council; c) the executive office; d) President. + Article 51 (1) The national general assembly is composed of the members of the National Council of the Romanian College of Physicians and representatives of each territorial college, elected according to art. 46 46 para. ((1). (2) The rule of representation in the national general assembly is 1/200 members. ((3) Representatives in the national general assembly shall be elected for a period of 4 years. (4) In proportion to the number of doctors registered in the territorial college, a number of 3-11 alternate members will be chosen. + Article 52 The General Assembly shall have the following tasks a) adopt the Statute of the Romanian College of Physicians, as well as the Code of Medical Ethics; b) approve their amendment; c) approve the revenue and expenditure budget and execution of the one for the expired exercise; d) elect, among its members, the committee of censors; e) adopt points of view that reflect the position of the Romanian College of Physicians on issues of general interest regarding the profession of doctor or the status of the doctor in society. + Article 53 (. The national general assembly shall adopt judgments in the presence of at least 2/3 of its members by a simple majority of votes. (2) If at the first convocation the condition of quorum is not carried out, after two weeks another meeting will be held, with the same agenda, which will be able to adopt decisions regardless of the number of members present, except in the situations provided in art. 52 lit. a) and b), for which the quorum condition referred to in par. ((1). (3) The national general assembly shall meet at the regular meeting in the first quarter of the current year. + Article 54 The national general assembly is headed by the president of the Romanian College of Physicians. + Article 55 The national general meeting may be convened by: a) President of Romanian College of Physicians; b) 3 of members of the Executive Office c) 1/3 of the members of the National Council of Romanian College of Physicians. + Article 56 (1) The National Council of the Romanian College of Physicians is made up of one representative of each county, from 3 representatives of the city of Bucharest and from one representative of the doctors from each ministry and central institution with own health network. Apart from these, the National Council of the Romanian College of Physicians can be assisted, with an advisory role, by a representative of the Academy of Medical Sciences, the Ministry of Health, the Ministry of Labour, Social Solidarity and Family and Justice Ministry. ((2) Representatives in the National Council of the Romanian College of Physicians are elected for a period of 4 years by the members of the councils of the territorial colleges and their representatives in the National General Assembly, meeting in a joint meeting. (3) The expenses of travel and diurnal of representatives to the National Council of the Romanian College of Physicians will be borne by the colleges whose representatives are. (4) The National Council of the Romanian College of Physicians shall meet legally in the presence of at least 2/3 of the number of representatives established in par. ((1) and makes decisions by a simple majority of votes. + Article 57 The decisions of the National Council of the Romanian College of Physicians are mandatory for local colleges and for all doctors who practice medicine in Romania. + Article 58 The tasks of the National Council a) elaborates the Statute of the Romanian College of Physicians, as well as its draft amendments; b) elaborates the Code of medical deontology, as well as the projects to modify it; c) collaborate with the Ministry of Health to develop norms on the exercise of the medical profession on the territory of Romania; d) collaborate with the Ministry of Health to develop the Nomenclature of medical, medical-dental and pharmaceutical specialties for the healthcare network; e) collaborates with the Ministry of Health to develop topics and methodologies of competitions and exams for doctors; f) establishes the system of continuous medical education credits, on the basis of which the work of professional improvement of doctors is evaluated; g) collaborates with the Ministry of Health to develop medical criteria for the selection of patients in case of types of treatments available in limited numbers; h) approves the guidelines and protocols of medical practice; i) fix the fee to be paid by each doctor to the territorial college; j) manages the goods of the Romanian College of Physicians and can initiate and subsidize actions interested in the medical profession, relief or sponsorship actions; k) settle, through the specialized committees, within 30 days from the registration, the appeals made against the decisions given by the county councils, respectively by the General Council of the Municipality of Bucharest, in accordance with own regulations; l) choose from among its members the Executive Office of the Romanian College of Physicians; m) proposes to the national general assembly the project on the revenue and expenditure budget of the Romanian College of Physicians; n) choose from among its members those who will form the work commissions; o) determine the allowances of the members of the Executive Office and the meeting allowance of the members of the Higher Discipline p) establishes the conditions regarding the conduct by the offices and medical facilities of the advertising, and through the specialized commission, approves the content of the advertising material; r) at the annual negotiation of the framework contract, the National Council of the Romanian College of Physicians represents doctors in contractual relations with health insurance companies. + Article 59 The National Council of the Romanian College of Physicians approves the occasional exercise, with a didactic character, of training, information and exchange of experience, of the profession of doctor, by doctors who do not have the membership of the College of Physicians of Romania. + Article 60 The National Council sets out the strategy and the annual plan for the control and supervision of how to exercise the medical profession. + Article 61 The executive office of the Romanian College of Physicians consists of a president, 3 vice-presidents and a general secretary, elected individually by the National Council, among its members, for a duration of 4 years. + Article 62 (1) The Executive Office shall work legally in the presence of at least 3 of its members and shall approve decisions with the vote of at least 3 members. (. The Executive Office shall meet once a week, or whenever appropriate, at the request of the President or at least 2 of its members. Under the conditions established by the Statute of the Romanian College of Physicians, the vote can also be expressed by correspondence or in electronic format. + Article 63 The tasks of the Executive Office are a) ensure the permanent activity of the Romanian College of Physicians between meetings of the National Council b) approve the hiring of personnel and ensure the execution of the budget of the Romanian College of c) draw up the annual activity and management report, which it shall submit to the approval of the National Council; d) accept donations, legates and sponsorships made to the Romanian College of Physicians; e) execute the decisions of the national general assembly and the national council; f) elaborates and submits for approval to the National Council the draft of the revenue and expenditure budget, based on local budgets; g) inform the National Council of decisions issued between meetings of the Council; h) performs any other tasks established by the National Council. + Article 64 The Executive Office coordinates the work of the working committees of the National Council of the Romanian College of Physicians + Article 65 In the exercise of the mandate, the members of the Executive Office, as well as the members of the offices of the territorial colleges councils will receive a monthly allowance, the amount of which will be approved, as the case may be, by the National Council, territorial. + Article 66 The President of the Executive Office of the National Council is the president of the Romanian College + Article 67 The President of the Romanian College of Physicians performs the following a) represents the Romanian College of Physicians in relations with individuals and legal entities in the country and abroad; b) conclude contracts and conventions on behalf of the Romanian College of Physicians, with the approval of the Executive c) convene and conduct meetings of the General Assembly and the National Council; d) bring to fruition the decisions of the Executive Office, the decisions of the National Council given in its task and solve the problems and current e) employ the specialist and administrative staff; f) performs any other tasks established by the National Council or the Executive Office, according to the law. + Article 68 (1) I cannot receive or exercise the mandate of member of the governing bodies of the Romanian College of Physicians, both at national and territorial level, the doctors who hold leadership positions within the Ministry of Health, respectively of the ministries and institutions with their own health network, its decentralized structures or within the National Health Insurance House, as well as health insurance companies. ((2) Doctors for whom, during the mandate of member of the governing bodies, the situation of incompatibility has occurred are suspended from office. The suspension shall take until the end of the incompatibility or the expiry of the mandate. (3) The number of mandates in the governing bodies at territorial and national level is not limited. + Section 6 Disciplinary liability + Article 69 (1) The doctor is responsible for non-compliance with the laws and regulations of the medical profession, the Code of medical deontology and the rules of good professional practice, the Statute of the Romanian College of Physicians, for non-compliance mandatory decisions adopted by the governing bodies of the Romanian College of Physicians, as well as for any acts committed in connection with the profession, which are likely to harm the honor and prestige of the profession or the College of Physicians from Romania. (2) The disciplinary liability of the members of the Romanian College of Physicians, according to this law, does not exclude criminal, contravention, civil or material liability, according to the legal provisions. + Article 70 (1) The complaint against a doctor shall be submitted to the college of which the doctor is a member. In the case of citizens of a Member State of the European Union, of a State belonging to the European Economic Area or of the Swiss Confederation, the complaint shall be lodged at the college within which the doctor operates. (2) The Council Office has the disciplinary file to be sent to the discipline committee. (3) Against the decision to reject the complaint, the person who made the complaint may appeal to the college whose decision is contested. It shall be settled by the Executive Office of the National Council. ((4) Complaints against a member of the governing bodies at territorial or national level shall be submitted to the Higher Commission of Discipline. + Article 71 (1) Within each territorial college, the discipline commission, independent of the management of the college, which judges in complete by 3 members the disciplinary deviations committed by the doctors enrolled in that college, shall be organized and operated. (2) At the level of the Romanian College of Physicians, the Higher Commission of Discipline, independent of the management of the college, which judges in complete 5 members the appeals against the decisions of the commissions of territorial discipline. (3) One of the members of the discipline commissions is designated by the public health directorates, at territorial level, and by the Ministry of Health, at the level of the Higher Discipline Commission. (4) The procedure for the judgment of the deviations is provided in the Statute of the Romanian College + Article 72 (1) The members of the discipline commissions at the level of the territorial college shall be elected by the general assembly of the college, and the members of the upper commission of discipline shall be elected by the national general assembly. (2) The members of the discipline commissions will be chosen from among the primary doctors with a profession of over 7 years and who have not had disciplinary violations in the last 5 years. (3) The position of member of the discipline commission is incompatible with any other function within the Romanian College of Physicians. (4) The term of office of members of the discipline committees is 6 years. (5) The quality of member of the discipline commissions ceases by death, resignation, loss of membership of the Romanian College of Physicians or by appointment of another representative for the members appointed by the Ministry of Health or the public health department. + Article 73 (1) The members of the discipline committees shall be elected by secret ballot and on the basis of applications submitted. (2) At territorial level, a number of 5-9 members will be chosen, and at national level, 10. (3) The members of the discipline committees shall elect a chairman who leads the administrative work of the discipline commissions. (4) The chairman of the discipline committee shall submit to the general meeting the annual report of the activity + Article 74 (1) The disciplinary sanctions are: a) reprimand; b) warning; c) vote of blame; d) fine from 1.000.000 lei to 15,000,000 lei. The payment of the fine will be made within 30 days from the date of final stay of the disciplinary decision. Failure to pay this term attracts the suspension of law from the profession, until the payment of the amount; e) the prohibition to exercise the profession or certain medical activities for a period of one month to one year; f) withdrawal of the membership of the Romanian College of Physicians. (2) The withdrawal of the membership of the Romanian College of Physicians operates by law for the duration established by final decision by the courts regarding the prohibition of the exercise of the profession. (3) On the sanctions provided in par. (1) it may be provided, as the case may be, to oblige the sanctioned one to carry out refresher or medical education courses, or other forms of professional training. + Article 75 (1) The decision rendered shall be communicated to the sanctioned person, to the person who made the complaint, to the Ministry of Health, to the Executive Office of the Romanian College of Physicians and to the person with whom the sanctioned doctor has concluded (2) Within 15 days from the communication, the sanctioned person, the person who made the complaint, the Ministry of Health, the president of the territorial college or the president of the Romanian College of Physicians may challenge the decision delivered by the discipline of the territorial college. + Article 76 (1) The disciplinary action may be initiated no later than 6 months after the date of the act or from the date of knowledge of the injurious consequences. (2) The sanctions provided for in art. 74 74 para. ((1) lit. a)-d) radiate within 6 months from the date of their execution, and the one provided in lett. e), within one year from the expiry date of the prohibition period. (3) In case of application of the sanction provided in art. 74 74 para. ((1) lit. f), the doctor may make a new request for the regaining of the membership of the college after the expiry of the period established by final court decision to ban the exercise of the profession or after 2 years from the date of application of the sanction of to the discipline committees. The regaining of the membership of the Romanian College of Physicians is made under the conditions of this law. (4) If, by the decision of the discipline commission, the measures provided for in art. 74 74 para. (3), the deletion of the sanction will be made only after the presentation of the proof of compliance with the measure ordered by the discipline commission. (5) The repetition of a disciplinary misconduct until the deregistration of the sanction applied constitutes an aggravating circumstance, which will be contemplated in the application of the new sanction. + Article 77 (1) The disciplinary investigation shall be exercised by persons designated for this purpose by the office of the territorial college council or, as the case may be, by the Executive Office of the Romanian College of Physicians. (2) Sanitary or legal medicine units are required to make available to the discipline commissions or persons designated with the investigation of disciplinary misconduct the requested medical documents, as well as any other data and information necessary to resolve the case. + Article 78 Against the decision to sanction the superior Commission of discipline, within 15 days of communication, the sanctioned doctor can formulate an action for annulment at the administrative litigation section of the tribunal within which he carries out activity. + Section 7 Revenue and expenditure + Article 79 The incomes of the Romanian College of Physicians are: a) the registration fee; b) the monthly contributions of the members; c) the value of services provided to members or natural and legal persons, including from the organization of courses and other forms of continuous medical education; d) donations and sponsorships from natural and legal persons; e) related; f) editorial rights; g) proceeds from the sale of own publications; h) funds resulting from cultural and scientific events; i) other sources. + Article 80 (1) The dues due and unpaid within the period fixed by the territorial college council by the members of the Romanian College of Physicians determine the payment of late penalties in the amount provided by the applicable legal provisions public institutions. (2) The same penalty will also apply to the territorial colleges that do not pay the part of the contribution due. + Article 81 (1) The non-payment of the fee due by the members of the Romanian College of Physicians for a period of 6 months and after the written warning of the local college council shall be sanctioned with the suspension of the membership until the payment of the fee due. ((2) The sanction shall be applied by the discipline commission of the territorial college, upon referral to the administrative and financial-accounting commission of the territorial college. + Article 82 For services provided to persons who are not members of the Romanian College of Physicians, the tariffs shall be established, as the case may be, by the National Council, respectively by the territorial college council. + Article 83 Income can be used for expenses with organization and operation, personnel expenses, material expenses and services, capital expenditures, improvement of professional training, awarding of scholarships through competition to doctors, intraiding low-income doctors, creating institutions with philanthropic and scientific purpose, awarding prizes for members with special professional activities, other expenses approved, as the case may be, by the territorial college board, respectively by the National Council of the Romanian College of Physicians. + Chapter IV Transitional and final provisions + Article 84 (1) In order to facilitate access to the exercise of the medical profession on the territory of Romania, the Ministry of Health, in collaboration with the Romanian College of Physicians, recognizes the qualifications of doctor acquired in accordance with European Union norms, in a Member State of the European Union, in a State belonging to the European Economic Area or in the Swiss Confederation, by the citizens of these States, and employment shall be done in accordance with the law. ((2) The rules on the recognition of diplomas, certificates and doctor's titles issued by a Member State of the European Union, a State belonging to the European Economic Area and the Swiss Confederation to their citizens, shall be drawn up by to the Ministry of Health, in collaboration with the Romanian College of Physicians, and is approved by Government decision. (3) The nomenclature of medical, medical-dental and pharmaceutical specialties for the healthcare network shall be developed by the Ministry of Health and approved by order of the Minister of Health. + Article 85 The duties of the Romanian College of Physicians cannot be exercised by any other professional association. The members of the Romanian College of Physicians can also be part of other professional associations. + Article 86 (1) The current governing bodies of the Romanian College of Physicians at national and territorial level will remain in office and will exercise their mandate until the duration for which they were chosen. (2) Within 90 days from the entry into force of the new Statute of the Romanian College of Physicians, discipline commissions will be organized, under the conditions of this law. + Article 87 The Statute of the Romanian College of Physicians, the Code of Medical Deontology, with subsequent amendments and completions, as well as the decisions of the National Council concerning the organization and functioning of the Romanian College of Physicians their obligations as members of the Romanian College of Physicians shall be published in the Official Gazette of Romania, Part I. + Article 88 The Romanian College of Physicians, established and organized according to this law, is the rightful continuator of the Romanian College of Physicians, established according to previous laws. The rights and obligations previously born will pass into the patrimony of the new institution, organized according to the + Article 89 The doctor is obliged to conclude a civil liability insurance for mistakes in medical activity. + Article 90 Within 60 days from the entry into force of this law, the local public administration, through the county councils and the General Council of Bucharest, will give in administration to the county colleges, respectively of the city of Bucharest, and The Romanian College of Physicians for the activity. + Article 91 (1) The present law shall enter into force 30 days from the date of publication in the Official Gazette of Romania, Part I. (2) On the date of entry into force of this Law, it is repealed Law no. 74/1995 on the exercise of the medical profession, the establishment, organization and functioning of the Romanian College of Physicians, republished in the Official Gazette of Romania, Part I, no. 650 of 12 December 2000, as amended and supplemented, and any other provisions to the contrary. This law was adopted by the Romanian Parliament, under the conditions of art. 77 77 para. (2), in compliance with art. 75 75 and art. 76 76 para. (1) of the Romanian Constitution, republished. CHAMBER OF DEPUTIES PRESIDENT VALER DORNEANU SENATE PRESIDENT NICOLAE VACAROIU Bucharest, June 28, 2004. No. 306. -----------