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Law No. 307 Of 28 June 2004

Original Language Title:  LEGE nr. 307 din 28 iunie 2004

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LEGE no. 307 307 of 28 June 2004 (* updated *) on the exercise of the profession of medical assistant and of the midwife profession, as well as the organization and functioning of the Order of Nurses and Midwives of Romania ((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Piatra Neamt until December 14, 2005, with the amendments and additions made by: ORDINANCE no. 53 53 of 23 July 2004 repealed by EMERGENCY ORDINANCE no. 60 60 of 26 August 2004 and rejected by LAW no. 428 428 of 25 October 2004 ; LAW no. 475 475 of 4 November 2004 ; EMERGENCY ORDINANCE no. 135 135 of 14 December 2004 ; LAW no. 59 59 of 21 March 2005 ; EMERGENCY ORDINANCE no. 175 175 of 8 December 2005 . The Romanian Parliament adopts this law + Chapter I General provisions + Section 1 Exercise of the profession of nurse and the profession of midwife + Article 1 The profession of medical assistant and the profession of midwife shall be exercised, on the territory of Romania, under the conditions of this law, by the natural persons possessing an official qualification title in the profession of nurse and owner of the an official qualification title in the profession of midwife. 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 salarized or unalarized activities on the territory of Romania, regardless of their citizenship; 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 For the purposes of this law, the following terms and expressions shall read as follows: a) the expression of citizens of a Member State of the European Union, of a State belonging to the European Economic Area or of the Swiss Confederation designates, by assimilation, also persons in the situations referred to in art. 1 lit. c) and d); b) exclusively, by the expression of the Member State of origin or the Member State of origin and, where applicable, the host Member State shall be understood as a Member State of the European Union, a State of the European Economic Area or the Swiss Confederation; c) the expression medical assistant designates the general medical assistant and nurses trained in the other specialties provided by the rules on the definition of professional titles and their fields of activity. The term of midwife shall designate the person holding an official qualification title in the profession of midwife, as set out in Annex no. 2, and grants health care whose content and characteristics are provided in art. 6 6; d) by way of official qualification in the profession of nurse, the diplomas set out in Annex no. 1 1, and by way of official qualification in the profession of midwife, the diplomas set out in Annex no. 2. + Article 3 (1) Official qualification titles in the profession of medical assistant and official qualifications in the profession of midwife obtained outside Romania, of the Member States of the European Union, of the states belonging to the European Economic Area or in The Swiss Confederation is equivalent to the law. (2) Exception to the provisions of par. (1) make the official qualification titles in the profession of general medical assistant and official qualifications titles in the profession of midwife, which have been recognized by one of these states. + Article 4 (1) The activities specific to the medical assistant profession are exercised in Romania with the professional titles, provided in Annex no. 1 lit. C, corresponding to the professional qualification appropriated. (2) Health care activities aimed at ensuring maternal and newborn health are exercised in Romania with the professional title of midwife, provided in Annex no. 2 lit. B. (3) The provisions of par. ((1)-(2) applies also to citizens of a Member State of the European Union, of a State belonging to the European Economic Area or of the Swiss Confederation, which hold an official qualification title in the profession of nurse, respectively in the profession of midwife, and who exercises the profession in Romania. + Article 5 The content and characteristics of the activities of general medical assistant are: a) determining the general health care needs and providing general health care, preventive, curative and recovery nature, according to the norms developed by the Ministry of Health, in collaboration with the Order of Assistants Medical and Midwives of Romania; b) treatment, according to the doctor's prescriptions; c) to protect and improve health, to develop programmes and to carry out health education activities and to facilitate actions to protect health in groups considered at risk; d) participation of general medical assistants skills as trainers, in the theoretical and practical training of general nurses in the training programs; e) the optional conduct of research activities, in the field of general health care, by licensed general medical assistants; f) training of auxiliary health personnel; g) participation in the protection of the environment; h) preparation of written reports on the specific activity carried out. + Article 6 The content and characteristics of the midwife activities are: a) ascertaining the existence of pregnancy and performing the necessary examinations in order to monitor the evolution of normal b) prescribing or recommending the necessary examinations, in order to diagnose early pregnancy at risk; c) ensuring the complete preparation of the mother for birth, carrying out health education activities, initiating and carrying out the training programs of future parents; d) the provision of hygiene and nutrition advice; e) treatment administration, according to the doctor's prescriptions; f) care and assistance of parturiency during labor and tracking of the intrauterine state of the fetus, by appropriate clinical and technical means; g) assistance of normal birth, at home or in health facilities, if it is cranial presence, performing, if necessary, episiotomy, and in case of emergency, assistance of birth in pelvic presentation; h) identification, in mother and child, of signs announcing anomalies and requiring the intervention of the doctor, which he assists in these situations; i) the adoption of the necessary emergency measures, in the absence of the doctor, for the manual extraction of the placenta, followed, possibly, by manual uterine control; j) examination of the newborn, which he takes into care, the initiation of the necessary measures in case of need and practice, if necessary, immediate reanimation; k) taking over in care of parturience, monitoring it in the postnatal period and giving all necessary recommendations to the mother regarding the care of the newborn, in order to ensure its development in the best conditions; l) preparation of written reports on the work carried out; m) providing information and advice on family planning; n) participation in the theoretical and practical training of midwives, as well as in the training of auxiliary health personnel; o) optional conduct of research activities, by licensed midwives. + Article 7 (1) The activities provided in art. 5 and 6 are exercised with the assumption of responsibility of the general medical assistant and the midwife on the planning, organization, evaluation and provision of services, as an employee and/or self-employed. (2) The activities carried out by the nurses trained in the other specialties shall be exercised with responsibility, in terms of the totality of the acts and techniques subject to the specialty, provided as an employee and/or free professional. + Article 8 The control and supervision of the medical assistant profession and the midwife profession are carried out by the Ministry of Health and the Order of Nurses and Midwives of Romania, hereinafter referred to as Romanian competent authorities. + Article 9 The profession of nurse and the profession of midwife can be exercised by the persons referred to in art. 1, which meet the following conditions: a) are holders of an official qualification of medical assistant, set out in Annex no. 1, for the profession of nurse, respectively are holders of an official title of qualification of midwife, provided in Annex no. 2, for the profession of midwife; b) are medically fit for the exercise of the profession; c) are authorized by the Ministry of Health; d) have not been definitively convicted of intentionally committing a crime against humanity or life in circumstances related to the exercise of the profession or the persons for whom rehabilitation has intervened. + Article 10 (1) The authorization of the exercise of the medical assistant profession and the authorization of the exercise of the profession of midwife on the territory of Romania shall be made according to the regulations regarding the registration in the National Single Register of nurses and midwives, developed by Ministry of Health, in collaboration with the Order of Nurses and Midwives of Romania. (2) The authorization of free practice shall be granted by the Ministry of Health, based on the following acts: a) the official qualification titles in the profession of nurse and, respectively, the official titles of qualification in the profession of midwife, provided by this law; b) the criminal record certificate; c) the physical and mental health certificate; d) opinion of the Order of Nurses and Midwives of Romania. (3) General nurses, as well as the midwives 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. the Romanian competent authorities, according to art. 30. (4) In case of temporary provision of services on the territory of Romania, general nurses and midwives citizens of a Member State of the European Union, of a state belonging to the European Economic Area or of the Confederation Swiss, established in one of these states, are exempted from the obligation to obtain the authorization of free practice of the profession. Access to the activities of general medical assistant and midwife, respectively, during the provision of services, is made according to the provisions of art. 34. + Article 11 (1) Nurses and midwives operate according to professional training, in public system and/or in the private sector, as well as in collaboration with health care service providers. (2) The activity of nurses and midwives is carried out within the medical or independent team for health care. The nurse and midwife recognize the role of the other members of the medical team and participate in the maintenance of amicable relations within it. (3) Nurses and midwives who meet the conditions provided in art. 1 and are established in Romania can also carry out their activity as holders or associates of independent practice offices for health care. + Article 12 (1) In the exercise of the profession, the nurse and midwife are not civil servants. (2) The licensed and licensed medical assistant may be university teachers in higher education institutions who prepare nurses or midwives, as well as research staff in research institutions. + Article 13 (1) The employment and professional or administrative promotion of the nurse and midwife in the public and private health system is carried out under the law. (2) For the risks arising from professional activity, the protection of the nurse and the midwife shall be made by the employer, through the insurance companies. In the case of the exercise of the profession of free practice independent for health care, the nurse and midwife are obliged to conclude a civil liability insurance for mistakes in professional activity. + Article 14 (1) If a nurse or midwife interrupts her professional activity for a period of more than 5 years, the Order of Nurses and Midwives of Romania will reprove their professional competence, in order to resume activity. (2) The procedure regarding the modalities and conditions of verification and attestation of the professional level shall be established by the Ministry of Health and the National Council of the Order of Nurses and Midwives of Romania (3) The provisions of par. ((1) shall also apply to nurses and midwives 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. + Article 15 The Order of Nurses and Midwives of Romania, through the president of the respective branch, is entitled to notify, as the case may be, the judicial bodies or competent authorities, for the prosecution and prosecution of persons who assign or who uses the title or quality of nurse or midwife or who practices the profession unlawfully. + Article 16 In the exercise of the profession, the nurse and midwife must respect the dignity of the human being. + Article 17 The nurse and midwife are required to keep professional secrecy, except as required by law. + Article 18 The nurse and midwife have the obligation to take measures to provide first aid, regardless of person, place or situation. + Section 2 Training in the nursing profession and in the profession of midwife + Article 19 (1) The training of general nurses, midwives and nurses of other specialties is carried out through the following forms of education: a) short and long-term medical higher education; b) post-secondary health education, with a duration of 3 years. (2) The graduate of the post-secondary health school is referred to as a nurse with post-secondary education or a general nurse. The graduate of the medical college is referred to as a nurse with a short term higher education or a generalist nurse with short-term higher education. The graduate of the long-term medical higher education is referred to as a generalist nurse with long-term and midwifery higher education, respectively, in accordance with Annexes no. 1 1 and 2. (3) The certificate of medical assistant, the diploma of nurse, and the bachelor's degree will mention the professional competence acquired. (4) The educational plans and the curriculum of preparation for the forms of education provided in par. ((1) are differentiated. + Article 20 (1) In post-secondary health education, high school graduates with graduation certificate or baccalaureate diploma can be enrolled. (2) Nurses and midwives, graduates of post-secondary health schools with a baccalaureate diploma, can enter university colleges with human medical-pharmaceutical profile and faculties of nurses, respectively in faculties of midwives, in the conditions of the law, with the possibility of equating studies carried out in pre-university medical education, under the conditions established by the university senates, according to the regulations in force + Article 21 Graduates of medical higher education with a duration of 4 years, who pass the bachelor's exam, receive their bachelor's degree and can pursue postgraduate studies. + Article 22 The specializations and the annual tuition figures for state health post-secondary schools, university colleges with human medical-pharmaceutical profile, for the faculties of licensed nurses and for the faculties of midwives are established by Ministry of Health and Ministry of Education and Research, based on the proposals of the profile pre-university education units and university senates of higher education institutions. + Article 23 University colleges with human medical-pharmaceutical profile, the faculties of general medical assistants and the faculties of midwives operate in the composition of the current accredited medical and pharmacy universities and in the structure of the institutions of higher education, accredited according to the law. + Article 24 The practical training of the students in the post-secondary schools, the students in the medical university colleges, the faculties of licensed nurses and the faculties of midwives are carried out in health facilities established by the Ministry Health, both for public and private education. + Article 25 The continuous training of nurses and midwives is done in institutions empowered by the Ministry of Health, according to the law. + Article 26 The Ministry of Education and Research, in collaboration with the Ministry of Health, is authorized that, depending on the dynamics of the health sector, to establish new specialties for the preparation of nurses. + Article 27 Post-secondary, public or private health schools, namely medical university colleges, as well as the faculties of licensed nurses and faculties of midwives are subject to the evaluation, authorization and accreditation process, according to the law. + Chapter II Provisions on the exercise, on the territory of Romania, of the profession of general medical assistant and of the profession of midwife by the general nurses and midwives citizens of a Member State of the European Union, of a State belonging to European Economic Area or the Swiss Confederation + Section 1 Provisions on facilitating the right of establishment + Article 28 At the entrance of the profession, the general nurses and midwives, 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 Romanian competent authorities the certificate of the criminal record issued by the Member State of origin or the origin or, failing that, an equivalent document issued by that State. + Article 29 ((1) For access to one of the professional activities or for the exercise thereof, the general practitioners and midwives, 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 Romanian competent authorities the physical and mental health certificate, issued by the Member State of origin or origin. (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 30 ((1) The requests of the general nurses and midwives 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 professional activities, are solved by the Ministry of Health, in collaboration with the Order of Nurses and Midwives of Romania, within 3 months from the date of submission of the complete file by the interested person. (2) The file provided in par. ((1) shall include: a) the identity document; b) the title of official qualification in the profession of general medical assistant or, respectively, the title of official qualification in the profession of midwife obtained in Romania, the title of official qualification in the profession of general medical assistant or, respectively, the title of formal qualification in the profession of midwife obtained or, where applicable, recognised 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 Ministry of Education and Research in the case of formal qualifications in the profession of General medical assistant and midwife, respectively, obtained in a third country and which have not been recognised by one of the listed Member States; c) the health certificate or equivalent certificate issued by the Member State of origin or origin; d) the criminal record certificate issued by the Member State of origin or of the 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. 31, 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 31 (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 general medical assistant or of the profession of midwife in Romania, committed by the general nurses or midwives of a Member State 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 the territory or, they 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 professions General medical assistant and midwife, respectively, applied to general nurses and midwives, 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 the general medical assistants and midwives Romanian citizens or coming from Romania, prior to establishment in the host Member State and outside its territory, facts which may have repercussions for the commencement of professional activity or the exercise of the profession 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 32 The documents provided in art. 28, 29 and 31 are valid for 3 months from the date of issue. + Section 2 Provisions on the freedom to provide services + Article 33 (1) In order to provide temporary services in Romania, when applying for access to one of the professional activities, general nurses and midwives of a Member State of the European Union, of a State belonging to the Economic European or Swiss Confederation, established in one of these states, are registered, on request, after a simplified procedure, in the Order of Nurses and Midwives of Romania during the temporary provision of services, in the application of art. 37. (2) The exercise of the activities of general and midwife nurse, respectively, in these situations, is done in compliance with the rights and fulfillment of the obligations provided by law for general nurses and, respectively, midwives Romanian citizens. (3) When, during the temporary provision of services in Romania, the persons referred to 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 34 (1) The temporary provision of services on the territory of Romania by the general nurses and midwives, 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, is 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 professional activity, the nature and the place of its conduct. In urgent cases, the declaration may be made within a maximum of 7 days after the end of the performance of the activity of an urgent nature; b) evidence by which the competent authorities of the Member State in which the applicant is established attests that he or she is legally exercising those activities in c) evidence by which the competent authorities of the Member State of origin or of the Member State of origin certify that the applicant is a holder of an official qualification as a general practitioner and a midwife, provided for by the European Union for the activities concerned. (2) The documents provided in par. ((1) shall be valid for 12 months from the date of their issue. + Article 35 (1) In case of temporary provision of services that train the movement of the provider in Romania, the general nurses and the midwives citizens of a Member State of the European Union, of a state belonging to the Economic Area European or 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 36 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 34 34 para. ((1) lit. b) issued to the general medical assistants and, respectively, to the Romanian citizens, as well as to the general nurses and midwives 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 services + Article 37 General practitioners and midwives 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 laws and Profession regulations, I answer according to law + Article 38 (1) The general medical assistants and, respectively, the midwives of a Member State of the European Union, of a State belonging to the European Economic Area or of the Swiss Confederation, exercising the profession in Romania, shall have the right to attach to the corresponding professional title provided in art. 4 the legal form of training obtained in the Member State of origin or of the Member State of origin, in the language of the issuing State and, possibly, the abbreviation of that title, in so far as it is not identical The legal 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 39 (1) General nurses and midwives of a Member State of the European Union, of a State belonging to the European Economic Area or of the Swiss Confederation, who are established and practising in Romania, have the obligation to inform the Romanian competent authorities of the legislation governing the health sector, the field of social security, as well as the Code of Ethics and Deontology of the nurse and midwife of the Romania. (2) In order to provide the information provided in par. (1), the Romanian competent authorities will organize at the level of territorial structures and central legislative information offices. + Chapter III Organization and functioning of the Order of Nurses and Midwives of Romania + Section 1 General provisions + Article 40 (1) The Order of Nurses and Midwives of Romania shall be organized and operated as a professional organization of nurses and midwives, non-governmental, of public interest, apolitical, non-profit, having as object of activity the control and supervision of the exercise of the profession of nurse and the profession of midwife with the right of free practice. (2) The Order of Nurses and Midwives of Romania has institutional autonomy. (3) The Order of Nurses and Midwives of Romania is headquartered in Bucharest. (4) The patrimony of the Order of Nurses and Midwives of Romania is constituted of movable and immovable property, acquired under the law. + Article 41 Within the Order of Nurses and Midwives of Romania, the specialized commission of general nurses, the specialized commission of midwives, specialized commissions for the other specialties of nurses medical, as well as the discipline commission. + Section 2 Tasks of the Order of Nurses and Midwives of Romania + Article 42 (1) The general duties of the Order of Nurses and Midwives of Romania are: a) collaborate with the Ministry of Health to develop specific norms and regulations on the professions of nurse and midwife and ensure their application; b) defend the dignity and promote the rights and professional interests of its members, defend the honor, freedom and professional independence of the nurse and midwife in the exercise of the profession; c) supervise the observance of the quality standards of the activities of the nurse and the midwife, respectively; d) participate, in collaboration with the Ministry of Health, to develop the criteria and standards for assessing the quality of health care and ensure their application; e) elaborates and adopts the Regulation on the organization and functioning of the Order of Nurses and Midwives of Romania and the Code of Ethics and Deontology of the nurse and midwife in Romania, taking the necessary measures for compliance their unit; f) represents its members in relations with governmental and non-governmental and governmental authorities and institutions; g) organizes the adjudication of cases of deviations from the norms of ethics, professional deontology and malpractice cases, as an organ of professional jurisdiction; h) collaborates with the Ministry of Health to register nurses and midwives in the National Single Register of nurses and midwives in Romania and to its permanent updating; i) collaborate with the Ministry of Health to organize and conduct competitions and exams for nurses and midwives; j) control and supervise together with the Ministry of Health the way of exercising the profession of nurse and midwife, regardless of the form and the health unit in which they are exercised; k) issue the opinion necessary to acquire the authorization of free practice in the profession of nurse, respectively in the profession of midwife; l) collaborate with the Ministry of Health to develop the criteria and standards for the endowment of independent practice offices for health care; m) represents nurses and midwives, who carry out care activities within the health insurance system, when developing the framework contract on the conditions of providing medical assistance under the insurance system social health and its implementing rules; n) determine, according to the degree of professional risk, the value of the risk insured in the civil liability insurance for nurses and midwives; o) act, together with central or territorial competent institutions, that the quality of health care is ensured in public and private health facilities; p) organizes territorial information points on the legislation of the health system; q) may formulate legal action on its own behalf or on behalf of its members, through national and territorial structures; r) develops guidelines and protocols of practice, the criteria and conditions on ensuring the quality of health care that it proposes for approval to the Ministry of Health. (2) In the field of vocational training, the Order of Nurses and Midwives of Romania has the following tasks: a) collaborate with the Ministry of Health and the Ministry of Education and Research to organize continuous education, specialization and increase the professional competence of nurses and midwives; b) collaborate with the Ministry of Health to develop the methodology and topics of competitions and exams for nurses and midwives; c) supports the activity and development of scientific research and organizes scientific events in the field of health care; d) organize language training centers, necessary for the exercise of the profession by the nurses and midwives citizens of the Member States of the European Union, of the states belonging to the European Economic Area or of the Confederation Swiss. + Section 3 Members of the Order of Nurses and Midwives of Romania + Article 43 (1) The membership of the Order of Nurses and Midwives of Romania shall be acquired upon request. (2) The membership of the Order of Nurses and Midwives of Romania is lost during the suspension or in case of withdrawal of the right to exercise the profession of nurse or midwife profession. (3) The membership is proven by the certificate of member of the Order of Nurses and Midwives of Romania, which is issued upon registration. (4) The issuance of the certificate of member of the Order of Nurses and Midwives of Romania will be made only for nurses and midwives who meet the conditions provided in art. 10. (5) Members of the Order of Nurses and Midwives of Romania and nurses and midwives of a Member State of the European Union, of a State belonging to the European Economic Area or of the Confederation, may become on request Swiss, based in Romania. (6) The quality of member of the Order of Nurses and Midwives in Romania can keep, on request, the retired nurses and midwives, respectively, who practiced the profession. + Section 4 Rights and obligations + Article 44 Members of the Order of Nurses and Midwives of Romania have the following rights: a) to choose and to be elected to the representative bodies of the Order of Nurses and Midwives of Romania, under the conditions of this Law; b) to have access to all data concerning the administrative organization of the Order of Nurses and Midwives of Romania and its subsidiaries; c) to directly address all the organs of the Order of Medical Assistants and Midwives of Romania, national or territorial, and to receive the requested information; d) to participate in the actions organized by the Order of Nurses and Midwives of Romania and to be informed about their conduct; e) to participate in refresher programs for nurses and midwives; f) to challenge the sanctions received within 30 days from their communication, according to the provisions of this law; g) the right of persons exercising leadership positions at territorial or national level in the structures of the Order of Nurses and Midwives of Romania to maintain their place of work during the period in which they perform the respective functions; h) to be granted, by the National Council, for special merits, rewards, honorary and excellence diplomas, on the proposal of the Executive Office of the Order of Nurses and Midwives of Romania, as well as the quality of honorary member; i) nurses and midwives in work or pensioners, as well as their spouse and dependent children, benefit free of charge, from 1 January 2007, from healthcare, medicines and prostheses, in the conditions of compliance with the legal provisions on the payment of the health insurance contribution. *) -------------- * *) art. 2 of ORDINANCE no. 53 53 of 23 July 2004 , published in MONITORUL OFFICIAL no. 690 of 30 July 2004 the term of entry into force of the provisions art. 44 lit. i) of Law no. 307/2004 on the exercise of the profession of nurse and midwife, as well as the organization and functioning of the Order of Nurses and Midwives of Romania, 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 and rejected by LAW no. 428 428 of 25 October 2004 Letter i) of art. 44 44 has been amended by art. IV of EMERGENCY ORDINANCE no. 60 60 of 26 August 2004 , published in MONITORUL OFFICIAL no. 806 806 of 1 September 2004. Letter i) a art. 44 44 was amended by the single article of LAW no. 475 475 of 4 November 2004 , published in MONITORUL OFFICIAL no. 1.061 1.061 of 16 November 2004. Letter i) of art. 44 44 has been repealed by lit. b) a art. I of EMERGENCY ORDINANCE no. 135 135 of 14 December 2004 , published in MONITORUL OFFICIAL no. 1.241 1.241 of 22 December 2004. Letter i) of art. 44 has been reinstated in the form provided above by the section 2 2 of the single article of LAW no. 59 59 of 21 March 2005 , published in MONITORUL OFFICIAL no. 256 of 28 March 2005, which approves with amendments and additions EMERGENCY ORDINANCE no. 135 135 of 14 December 2004 . Letter i) of art. 44 44 has been amended by art. II of EMERGENCY ORDINANCE no. 175 175 of 8 December 2005 , published in MONITORUL OFFICIAL no. 1.131 1.131 of 14 December 2005. + Article 45 (1) The members of the Order of Nurses and Midwives of Romania have the following obligations: a) comply with the legal regulations regarding the exercise of the profession b) to comply with the Statute of the Order of Nurses and Midwives of Romania on the exercise of the professions of nurse and midwife, as well as the Regulation on the organization and functioning of the Order of Nurses and Midwives of Romania; c) to respect and apply the provisions of the Code of Ethics and Deontology of the medical assistant and midwife in Romania, showing a dignified behavior in the exercise of the profession; d) to refrain from any act intended to prejudice the Order of the Nurses and Midwives of Romania or the prestige of the profession of nurse and the profession of midwife; e) to participate in the general meetings of the subsidiaries to which they belong; f) to defend the reputation and legitimate interests of nurses and midwives; g) to provide proof of knowledge of professional deontology norms and those governing the organization and functioning of the Order of Nurses and Midwives of Romania; h) to comply with the Statute of the Order of Nurses and Midwives of Romania, Code of Ethics and Deontology of the Nurse and Midwife of Romania, decisions of the governing bodies of the Order of Nurses and Midwives of Romania and the regulations of the profession; to solve the tasks entrusted to them as members or representatives of the Order of Nurses and Midwives of Romania; i) not to harm the reputation of the Order of Nurses and Midwives of Romania and to act for the duration of the profession in order to increase the degree of professional training. (2) In order to increase professional training, nurses and midwives are required to carry out training courses and other forms of continuing education credited. At the cumulation of the number of credits established in this regard by the Order of Nurses and Midwives in Romania, the programs are taken into account, as well as the other forms of education continue endorsed by him. (3) Nurses and midwives who do not realize, during 3 years, the minimum number of credits established by the National Council of the Order of Nurses and Midwives of Romania may be suspended the right of free practice, until the achievement of the respective appropriations. + Section 5-a Organisation at territorial and national level A. Organization at territorial level + Article 46 (1) The Order of Nurses and Midwives of Romania is organized at national and county level, respectively of the city of Bucharest, and operates through the county branches and the city of Bucharest. (2) The county branches and the branch of the city of Bucharest have no legal personality and benefit from organizational and functional autonomy, within the limits provided by the Statute and regulations of the Order of Nurses and Midwives of Romania. (3) The headquarters of the county branch is in the city of residence of the county, respectively in Bucharest, for the branch of Bucharest. + Article 47 The governing bodies of the county branch, respectively of the city of Bucharest, are: a) general meeting of nurses and midwives; b) the county council, respectively of the Bucharest municipality; c) the office of the county council, respectively of Bucharest; d) President. + Article 48 (1) The general assembly shall be composed of representatives of all nurses and midwives with the right of free practice enrolled in that branch, according to the representation norm of 1 to 50. (2) The general assembly chooses by secret ballot, by simple majority, the members of the county council, respectively of the Council of Bucharest, in the presence of at least 2/3 of the total number of elected representatives. + Article 49 (1) The county councils have a number of members in proportion to the number of nurses and midwives, respectively, registered in the Order of Nurses and Midwives of Romania, as follows: a) up to 1,000 registered nurses and midwives-11 members; b) between 1,001-2,000 nurses and midwives enrolled-15 members; c) between 2,001-4,000 nurses and midwives enrolled-19 members; d) more than 4,000 registered nurses and midwives-21 members. (2) The Bucharest City Council consists of 25 members. (3) The elections are validated in the presence of 2/3 of the total number of representatives in the general meeting. If a number of 2/3 of the total number of representatives are held at the general meeting in which elections are held, another general assembly for elections will be held within two weeks, the result of which will be validated, regardless of number of participants. (4) The county council, respectively of the city of Bucharest, will choose among its members an office consisting of: a president, 2 vice presidents and a secretary. B. Organisation at national level + Article 50 (1) The management bodies of the Order of Nurses and Midwives of Romania at national level are: a) the National General Assembly; b) National Council; c) Executive Office; d) President. (2) The management bodies of the Order of Nurses and Midwives of Romania shall operate in accordance with the provisions of this Law. + Article 51 (1) The national general assembly is constituted of the elected representatives at the county level and of the city of Bucharest, according to the norm of a representative to 500 members. (2) The national general assembly shall elect by secret ballot, by simple majority, the members of the National Council of the Order of Nurses and Midwives of Romania, in the presence of at least 2/3 of the total number of elected representatives. If, at the national general meeting in which elections are held, a number of 2/3 of the total number of representatives is not present, another national general assembly of elections will be held within two weeks, the result of which will be be validated, regardless of the number of participants. (3) The National General Assembly shall adopt, in the presence of at least 2/3 of the total number of elected representatives, the Code of Ethics and Deontology of the Nurse and Midwife of Romania, the Rules of Organization and Functioning of the Order Nurses and Midwives of Romania, as well as the Statute of the Order of Nurses and Midwives of Romania. + Article 52 (1) The national council is composed of 2 representatives of each county, respectively 4 representatives of the city of Bucharest, and one representative from the ministries with their own health network, elected by the National General Assembly. (. The national council shall be legally constituted in the presence of half plus one of its members and shall act by simple majority. (. The national council shall meet in quarterly and extraordinary sessions. (4) Within the National Council operates the National Specialist Commission of General Nurses, the National Midwives Specialty Commission, national specialist committees for the other specialties of nurses, National discipline commission as well as departments and specialist compartments. + Article 53 The Order of Nurses and Midwives in Romania is coordinated, between the sessions of the National Council, by the Executive Office. + Article 54 (1) The executive office of the National Council of the Order of Nurses and Midwives of Romania ensures its permanent activity, according to this law. (2) The Executive Office of the National Council shall consist of the President, 3 Vice-Presidents and one Secretary, elected by secret ballot by the members of the National Council. + Article 55 Persons exercising leadership positions at territorial or national level in the structures of the Order of Nurses and Midwives of Romania maintain their place of work during the period in which they perform the respective functions. + Article 56 The organization of elections at county level, respectively of the city of Bucharest, and at national level is held every 4 years, based on the elections regulation developed by the Executive Office of the Order of Nurses and Midwives of Romania and approved by the National Council. Elections held according Law no. 461/2001 on the exercise of the medical assistant profession, the establishment, organization and functioning of the Order of Medical Assistants in Romania, with subsequent amendments and completions, remain valid until the expiration of the mandate. After this time the Order of Nurses and Midwives in Romania will hold elections at national level and will operate according to the structure provided in this law. + Article 57 The incomes of the Order of Nurses and Midwives of Romania are made up of: a) registration fees; b) monthly contributions; c) donations, sponsorships, according to the law; d) funds resulting from different taxes for scientific and editorial rights, under the law; e) other sources, in compliance with the legal provisions. + Section 6 Disciplinary liability + Article 58 (1) Members of the Order of Nurses and Midwives of Romania who violate the rules for the exercise of the profession and do not comply with the Code of Ethics and Deontology of the medical assistant and midwife in Romania deviations, and one of the following sanctions will be applied to them: a) reprimand; b) warning; c) temporary suspension of the membership of the Order of Nurses and Midwives of Romania; d) the withdrawal of the membership of the Order of Nurses and Midwives of Romania and the proposal to the Ministry of Health to cancel the authorization of free practice of the profession for a limited or definitive period. (2) The sanctions provided in par. ((1) lit. a) and b) shall apply by the territorial council of the Order of Nurses and Midwives of Romania. (3) The sanctions provided in par. ((1) lit. c) and d) shall apply by the National Council of the Order of Nurses and Midwives of Romania only after an expertise has been carried out by a commission made up of at least 5 members, approved by him on the proposal of the commissions of specialty. + Article 59 The conclusions of the investigation and the sanctions applied shall be communicated in writing to the person concerned, to the territorial council of the Order of Nurses and Midwives of Romania, to the legal person Health Ministry. + Article 60 (1) Appeals against sanctions provided for in art. 58 58 para. ((1) lit. a) and b) can be addressed to the territorial discipline commission of the Order of Nurses and Midwives of Romania who applied the sanction, within 30 days of communication. (2) The sanctions provided for in art. 58 58 para. ((1) lit. c) and d) can be challenged at the court in whose territorial constituency the medical assistant or the sanctioned midwife operates, within 30 days of the communication of the sanction. + Article 61 Disciplinary liability of the members of the Order of Nurses and Midwives of Romania, provided in art. 58, does not exclude civil, contravention and criminal liability. + Chapter IV Transitional and final provisions + Article 62 (1) On the date of entry into force of this Law, the Order of Nurses in Romania changes its name to the Order of Nurses and Midwives of Romania and the Single Register of Nurses in Romania The unique national register of nurses and midwives in Romania. (2) The Order of Nurses and Midwives of Romania operates on the basis of this law and on the basis of its own regulations, elaborated in accordance with its provisions. + Article 63 (1) In order to facilitate access to the exercise of the profession of general medical assistant and, respectively, the profession of midwife on the territory of Romania, the Ministry of Health, in collaboration with the Order of Nurses and Midwives of Romania, recognises the qualifications of the general and midwife nurse, respectively, acquired in accordance with the rules of the European Union, in a Member State of the European Union, in a State belonging to the European Economic Area or the Confederation Swiss, by the citizens of these states, and employment is done according to the law. ((2) The rules on the recognition of diplomas, certificates and titles of nurse generalist and midwife respectively, issued by a Member State of the European Union, by a State belonging to the European Economic Area and the Confederation Swiss, their citizens, are elaborated by the Ministry of Health, in collaboration with the Order of Nurses and Midwives in Romania, and approved by Government decision. (3) The rules on the definition of professional titles and fields of activity for nurses trained in the other specialties shall be elaborated by the Ministry of Health, in collaboration with the Order of Nurses and Midwives of Romania, within 180 days from the entry into force of this law, and is approved by Government decision. Within 90 days of their approval, the Ministry of Education and Research together with the Ministry of Health will develop curricula for assistants trained in the other specialties, structured on 3 years of study. By way of derogation from provisions art. 19 19 para. ((1) lit. b), the provisions of Government Decision no. 844/2002 on the approval of the nomenches of professional qualifications for which preparation by pre-university education is ensured, as well as the duration of schooling, as amended by Government Decision no. 721/2004 , also remain in force for the 2004-2005 school year. ----------- Alin. ((3) art. 63 63 was amended by the single article of LAW no. 475 475 of 4 November 2004 , published in MONITORUL OFFICIAL no. 1.061 1.061 of 16 November 2004. + Article 64 The professional qualifications acquired by the nurse practitioners of a Member State of the European Union, of a State belonging to the European Economic Area or of the Swiss Confederation, in a specialty other than that of a general medical assistant, are recognized for professional purposes by the Ministry of Education and Research. + Article 65 The practice of the profession of nurse and the profession of midwife by persons who do not have this quality constitutes a crime and is punishable according to the Criminal Code. + Article 66 The improvement of nurses and midwives can be done through specializations and competences according to the norms developed by the Ministry of Health, in collaboration with the Order of Nurses and Midwives in Romania. + Article 67 For the purposes of this law, the profession of pharmacy nurse, the profession of medical optician and the profession of dental technician assimilate to the profession of nurse. + Article 68 The code of ethics and deontology of the nurse and midwife in Romania, as well as the decisions of the National Council of the Order of Nurses and Midwives of Romania, which concern its organization and functioning, shall be published by National Council of the Order of Nurses and Midwives of Romania in the Official Gazette of Romania, Part I. + Article 69 ((1) Annexes no. 1 and 2 are an integral part of this law. (2) The professional title of general medical assistant and the professional title of midwife is amended only by law. ((3) The other professional health care professional titles set out in Annex no. 1 lit. C is amended and supplemented by Government decision. + Article 70 (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. 461/2001 on the exercise of the profession of medical assistant, the establishment, organization and functioning of the Order of Nurses in Romania, published in the Official Gazette of Romania, Part I, no. 425 of 31 July 2001, with subsequent amendments and completions. This law was adopted by the Romanian Parliament, under the conditions of art. 77 77 para. (2) and 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. 307. + Annex 1 A. Formal Qualifications of Medical Assistant I. Official qualifications of medical assistant, acquired in Romania Medical assistant with secondary education-a 5-year high school graduation diploma issued by the Ministry of Education and Science Nurse with post-secondary education: a) diploma of completion of the health post-secondary school or the medical school diploma issued by the Ministry of Health, Ministry of Education and Science/Ministry of National Education; b) certificate of graduation school health post, issued by the Ministry of National Education/Ministry of Education and Research; c) certificate of professional skills, issued by the Ministry of Education and Research/Ministry of Education, Research and Youth; d) attested issued by the Ministry of Education and Ministry of Health. Nurse with higher education of short term-diploma of university college graduation, issued by the Ministry of Education, Research and Youth Medical assistant with long-term higher education-bachelor's degree, issued by the Ministry of Education, Research and Youth II. Diplomas, certificates, titles or other evidence of qualification in one of the fields covered by the profession of nurse in Romania, obtained or, as the case may be, recognised in a Member State of the European Union, in a State member belonging to the European Economic Area or the Swiss Confederation, respectively the equivalence attestation issued by the Ministry of Education, Research and Youth, in the case of evidence of qualification acquired in a third country and which were not recognised by one of the Member States listed. B. Formal Qualifications of Qualified Nurse Practitioner I. Official qualifications of general medical assistant, acquired in Romania General nurse practitioner: a) attestation of equivalence of studies of general medical assistant, nurse practitioner general; b) graduation diploma health postsecondary school in the specialty: general medical assistant, general medical assistant, issued by the Ministry of Health or the Ministry of Education and Science; c) graduation certificate sanitary post-secondary school in the specialty: general medical assistant, general medical assistant, issued by the Ministry of National Education/Ministry of Education and Research; d) certificate of professional skills, issued by the Ministry of Education and Research/Ministry of Education, Research and Youth; e) one of the diplomas set out in Annex no. 1 and certificate of confirmation as a general nurse practitioner or nurse practitioner, issued by the Ministry of Health. Generalist nurse with higher education of short duration-university college graduation diploma, issued by the Ministry of National Education, Ministry of Education and Research/Ministry of Education, Research and Youth Generalist nurse with long-term higher education-bachelor's degree, issued by the Ministry of Education and Research/Ministry of Education, Research and Youth II. Diplomas, certificates, titles or other evidence of qualification as a nurse responsible for general care, issued or, where appropriate, recognised by a Member State of the European Union, by a Member State belonging to the European Economic Area or by The Swiss Confederation of their citizens or, respectively, the equivalence attestation issued by the Ministry of Education, Research and Youth, in the case of evidence of qualification of generalist nurse, acquired in a third state and who were not recognised by one of the Member States mentioned. C. Professional medical assistant titles General nurse practitioner Nurse practitioner of general health care Obstetrics-gynecology nurse Pediatric Medical Assistant Medical assistant balneophysiotherapy Hygiene nurse Medical assistant hygiene and public health Clinical laboratory nurse Medical assistant radiology and imaging Pharmacy nurse Medical-social worker Nurse practitioner of nutrition and dietetics Medical care assistant Assistant to balneophysiotherapy and recovery Medical-surgical emergency nurse Dental prophylaxis assistant Hygienist assistant for dental office Dental assistant dental assistant. + Annex 2 A. Official qualifications in the profession of midwife I. Official titles of midwife qualification, obtained in Romania Midwife: a) attestation of equivalence in the specialty nurse obstetrics-gynecology, issued by the Ministry of Education and Science and the Ministry of Health; b) graduation diploma post-secondary health school in the specialty: obstetrics-gynecology nurse, issued by the Ministry of Health, Ministry of Education and Science; c) graduation certificate sanitary post-secondary school in the specialty: obstetrics-gynecology nurse, issued by the Ministry of National Education/Ministry of Education and Research; d) one of the diplomas set out in Annex no. 1 lit. A, which attests to the training in another field of activity of the nurse, and certificate of confirmation as a nurse, of obstetrics-gynecology, issued by the Ministry of Health. Midwife with long-term higher education: -bachelor's degree II. Diplomas, certificates, titles or other evidence of formal qualifications, issued or, where appropriate, recognised by a Member State of the European Union, by a Member State belonging to the European Economic Area or by the Swiss Confederation to their citizens or, respectively, the equivalence attestation issued by the Ministry of Education, Research and Youth, in the case of evidence of midwifery qualification in a third country and which have not been recognised by one of the said Member States. B. Professional title: midwife, obstetrics-gynecology nurse. -------------