LEGE no. 264 264 of 16 June 2004 (* updated *) on the organization and functioning of the Academy of Medical ((updated on 21 May 2015 *)
ISSUER
PARLIAMENT
---------- The Romanian Parliament adopts this law + Chapter I General provisions + Article 1 (1) The Academy of Medical Sciences is the public institution of national interest in the field of medical and pharmaceutical scientific research, of academic consecration, with legal personality, subordinated to the Ministry of Health. ... (2) The headquarters of the Academy of Medical Sciences are located in Bucharest, sauce. Stefan cel Mare nr. 19-21, Sector 2. ... + Article 2 The Academy of Medical Sciences is the continuator of the Academy of Medical Sciences, established by Decree of the State Council no. 590/1969 to establish the Academy of Medical Sciences. + Article 3 The Academy of Medical Sciences has as its object of activity: a) the development of medical and pharmaceutical sciences in order to improve the health of the population; ... b) National promotion of scientific research from the fields of biomedicine, clinical medicine, fundamental medicine, preventive medicine, public health and pharmaceutical sciences; ... c) coordination of scientific research activity in the top fields of fundamental and applied biomedicine, carried out in the units in coordination or subordination of the Ministry of Health or in other profile units. ... + Article 4 In carrying out its object of activity, the Academy of Medical Sciences collaborates with the Ministry of Health, the Ministry of Education and Research, the Romanian Academy, the institutions of higher education of medicine and pharmacy, as well as with other ministries, institutions and profile units. + Chapter II Organisation and operation + Article 5 The Academy of Medical Sciences is organized and operates according to the provisions of this law and its own status, which is approved by Government decision, initiated by the Ministry of Health. + Article 6 (1) The Academy of Medical Sciences performs the following tasks for the realization of its object of activity: ... a) participate in the elaboration of the national strategy of scientific research activity in the medical and pharmaceutical field, in order to improve the health of the Romanian population; ... b) contribute to the valorization of medical and pharmaceutical scientific research, ensuring the methodological guidance of medical-sanitary units; ... c) develop scientific research programs in the fields of interest for the Ministry of Health and other public administration bodies; ... d) collaborate, at national level, on the international scientific cooperation programs of medical research institutes and research collectives in higher education institutions with human medical-pharmaceutical profile and of the research centers research with biomedical and interdisciplinary profile; ... e) participate in the elaboration of the medical scientific programs of the Ministry of Health, the Ministry of European Integration, the Ministry of Education and Research, the Romanian Academy and other ministries and interested institutions; ... f) initiates and develops collaborative relations with scientific and educational institutions in the country and abroad, as well as with national and international organizations; ... g) grants, under the law, distinctions and prizes for special contributions in scientific activity; ... h) organizes, in its own name or in collaboration with medical scientific societies in the country and abroad, scientific events, congresses, seminars, workshops and symposia on the problems of medical-pharmaceutical research and/or assistance medical; ... i) repealed; ... ------------ Lit. i) a par. ((1) of art. 6 6 has been repealed by art. II of EMERGENCY ORDINANCE no. 89 89 of 19 October 2011 , published in MONITORUL OFFICIAL no. 801 801 of 11 November 2011. j) formulate points of view in connection with the establishment or abolition of institutes, centers and research units in the medical and pharmaceutical field; ... k) conduct medical and pharmaceutical scientific research programs from the National Research and Development and Innovation Plan, awarded by the state authority for research and development, based on capability criteria, in competition system or directly; ... l) elaborates, in accordance with international norms, regulations on bioethics, observations and research on man, the conditions of use of laboratory animals; ... m) contributes to the correlation of national medical research objectives with the European Union programmes in the medical and pharmaceutical field; ... n) coordinate and evaluate the medical and pharmaceutical scientific research activity in its own structures; ... o) proposes to the state authority for research and development the establishment, for periods determined, under the law, of mixed centers or collective of specialists for the realization of branch or sectoral strategies; ... p) formulates proposals in the field of development of medical and pharmaceutical education; ... q) organizes the continuous medical education of the personnel working in the medical and human pharmaceutical field, together with the Romanian College of Physicians, the Romanian College of Pharmacists and in collaboration with the higher education institutions Accredited medicine and pharmacy. National programs of continuous medical education are endorsed by the Ministry of Health, as well as by the Ministry of Education and Research; ... r) annually informs the Ministry of Health on the main activities carried out, with an impact on the state of health and healthcare. ... (2) The Academy of Medical Sciences also performs other duties in its field of activity, established by law or by its statute. ... + Article 7 (1) The Academy of Medical Sciences brings together personalities of particular scientific and professional value from the fields of medical and pharmaceutical scientific research. ... (2) The Academy of Medical Sciences has in its composition full members, corresponding members and honorary members. The maximum number of holders and corresponding members is 231, of which 190 full members. The number of honorary members shall be determined by statute. ... (3) The titular members and the corresponding members are Romanian citizens chosen among the prestigious scientific personalities from the fields provided in par. ((1). ... (4) Honorary members are Romanian and foreign citizens who have distinguished themselves by their achievements and contributions to the development of medical and pharmaceutical sciences. ... + Article 8 The Academy of Medical Sciences can also award the title of posthumous membership. + Article 9 The criteria and procedure of choice and exclusion of members of the Academy of Medical Sciences are established by the Statute of the Academy of Medical Sciences. + Article 10 (1) The members of the Academy of Medical Sciences benefit, as of January 1, 2005, from a monthly salary equal to the average salary on the economy. ... ------------ Alin. ((1) of art. 10 10 returned to its original form as a result of rejection EMERGENCY ORDINANCE no. 79 79 of 1 September 2010 , published in MONITORUL OFFICIAL no. 638 638 of 10 September 2010 by LAW no. 215 215 of 2 July 2013 , published in MONITORUL OFFICIAL no. 401 401 of 3 July 2013. (2) The full members and correspondents of the Academy of Medical Sciences are kept in activity or in management positions until the age of 70. Over this age they are kept in activity only with the consent of the institution in which they work, through annual extensions based on the health certificate. ... + Article 11 The Academy of Medical Sciences organizes in medical and pharmaceutical university centers territorial branches, units without legal personality. + Article 12 For the proper performance of the activity of the Academy of Medical Sciences, scientific departments are organized in its structure. + Article 13 The attributions and the organization and functioning of territorial branches and scientific departments shall be established by the Statute of the Academy of Medical Sciences. + Article 14 The governing bodies of the Academy of Medical Sciences are: a) general meeting; ... b) the scientific council; ... c) Executive Board of the Scientific Council; ... d) President. ... + Article 15 (1) The General Assembly of the members of the Academy of Medical Sciences shall constitute its supreme governing body and shall be composed of academic members, corresponding members and honorary members. ... (. Only full members and corresponding members shall have the right to vote. ... + Article 16 The general meeting of the members of the Academy of Medical Sciences has the following a) adopt the Statute of the Academy of Medical Sciences, which is approved by Government decision, at the proposal of the Ministry of Health ... b) approve the report on the work carried out between two general meetings, as well as the annual and prospective scientific activity programs; ... c) approve programs to capitalize on the results of scientific research in the medical and pharmaceutical field and to improve health care; ... d) elect, by secret ballot, the new members of the Academy of Medical Sciences; ... e) elect, by secret ballot, the President, the Vice-Presidents and the Secretary General of the Academy of Medical Sciences. Their mandate is 4 years, with the right to be re-elected for another term. ... + Article 17 The general assembly of the members of the Academy of Medical Sciences is legally constituted in the presence of at least two thirds of its members and makes valid decisions with the vote of the simple majority of those present. If at the first convocation the legal number of two thirds of the members is not met, a new assembly, which shall be considered legally constituted in the presence of at least half plus one of the total number of members, shall be convened within a maximum of 30 days. If neither the second convocation is met the legal number of members, shall be convened, within a maximum of 10 days, a new assembly, which shall be considered legally constituted with the number of members present. + Article 18 The general meeting meets in ordinary session once a year and in extraordinary session whenever needed, at the request of the scientific council or half plus one of the number of members. + Article 19 The Scientific Council provides the management of the Academy of Medical Sciences between the sessions of the + Article 20 (1) The Scientific Council is composed of the President of the Academy of Medical Sciences, Vice-Presidents, Secretary-General, as well as the Presidents of ... (2) The Executive Board of the Scientific Council shall consist of the President of the Academy of Medical Sciences, Vice-Presidents and the Secretary-General and shall ensure the operative ... + Article 21 (1) The President of the Academy of Medical Sciences is the Chairman of the Scientific Board and the Executive ... (2) The President represents the Academy of Medical Sciences in relations with third parties and is authorising officer. ... (3) The tasks of the Scientific Council, the Executive Office, the President and their working arrangements shall be established by the Statute of the Academy of Medical Sciences. ... ((4) If the President cannot exercise his prerogatives for a period of more than 30 days, he will designate, in order to exercise them, one of the Vice-Presidents. ... (. In the exercise of his duties, the President shall issue decisions ... + Article 22 The maximum number of posts and the organizational structure of the Academy of Medical Sciences is approved by Government decision, initiated by the Ministry of Health. + Article 23 The salarization of the staff in the own working apparatus of the Academy of Medical Sciences is made in accordance with the provisions applicable to budget staff. ------------ Art. 23 returned to its original form as a result of rejection EMERGENCY ORDINANCE no. 79 79 of 1 September 2010 , published in MONITORUL OFFICIAL no. 638 638 of 10 September 2010 by LAW no. 215 215 of 2 July 2013 , published in MONITORUL OFFICIAL no. 401 401 of 3 July 2013. + Article 24 ((1) Financing expenses for maintenance, operation, allowances, as well as those necessary for the implementation of projects financed by non-reimbursable external funds shall be ensured from their own income and from subsidies granted from the budget by the state budget, according to the annual budgetary laws. ... ------------ Alin. ((1) of art. 24 24 has been amended by art. II of EMERGENCY ORDINANCE no. 12 12 of 20 May 2015 , published in MONITORUL OFFICIAL no. 352 352 of 21 May 2015. (2) The own revenues of the Academy of Medical Sciences come from: medical, biomedical, pharmaceutical and interdisciplinary scientific research programs and projects, publications, studies, editorial benefits, scientific advice, works of specialty, taxes, rents, donations, sponsorships, as well as from other realized activities. ... ------------ Alin. ((2) of art. 24 24 has been amended by section 1 1 of art. 13 of ORDINANCE no. 29 29 of 27 August 2013 , published in MONITORUL OFFICIAL no. 550 550 of 30 August 2013. (3) The rights provided in art. 10 10 para. (1) shall be granted within the budget approved to the Academy of Medical Sciences. ... ------------ Alin. ((3) of art. 24 24 has been introduced by section 2 2 of art. 13 of ORDINANCE no. 29 29 of 27 August 2013 , published in MONITORUL OFFICIAL no. 550 550 of 30 August 2013. + Article 25 (1) The Academy of Medical Sciences has an own car park. ... (2) The maximum number of motor vehicles and the monthly fuel consumption for the working apparatus and territorial branches shall be established according to Government Ordinance no. 80/2001 on the establishment of spending regulations for public administration authorities and public institutions, approved with amendments by Law no. 247/2002 , with subsequent amendments and completions. ... + Chapter III The research structures that work in the scientific coordination of the Academy of Medical Sciences + Article 26 (1) Medical and pharmaceutical scientific research includes: ... a) fundamental medical research; ... b) clinical medical research; ... c) medical research in public health and ... of health services; d) research in the field of pharmaceutical sciences; ... e) research in advanced medical technologies; ... f) research in the field of comparative medicine; ... g) research in the field of epidemiology and preventive medicine. ... (2) The following research structures may carry out their activity in the scientific coordination of the Academy of Medical Sciences: ... a) cores; ... b) collective; ... c) laboratories; ... d) wards; ... e) departments; ... f) institutes in which medical, educational and scientific research activity is carried out and institutes in which only medical scientific research activity is carried out, which have legal personality and are in subordinated or coordinated by the Ministry of Health ... g) institutions without legal personality, in which medical scientific research is carried out, grafted on clinics or wards. ... (3) The medical scientific research structures referred to in par. ((2) lit. a)-e) can operate both in institutes where only medical scientific research activity is carried out, and in the other health facilities with or without beds, in which medical assistance and education are also carried out. ... + Article 27 The research units provided for in art. 26 26 para. (2), which concludes medical scientific research contracts, directly informs the Academy of Medical Sciences on the results of the research for which they were financed. + Chapter IV Final provisions + Article 28 The phrase "Academy of Medical Sciences" cannot be used by any other public or private institution in its name. + Article 29 Within 60 days of the entry into force of this law, the Academy of Medical Sciences, through the Ministry of Health, submits for approval to the Government its status. + Article 30 The date of entry into force of this Law shall be repealed Decree of the State Council no. 590/1969 for the establishment of the Academy of Medical Sciences, published in the Official Bulletin, Part I, no. 90 of 21 August 1969, as amended, except art. 1 1 para. (1), as well as the provisions relating to academics, contained in art. 9 9 para. ((2) of 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, with subsequent amendments and completions. This law was adopted by the Romanian Parliament, in compliance with the provisions of art. 76 76 para. (2) of the Romanian Constitution, republished. CHAMBER OF DEPUTIES PRESIDENT VALER DORNEANU SENATE PRESIDENT NICOLAE VACAROIU Bucharest, June 16, 2004. No. 264. ----------
