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Law No. 229 Of 17 November 2016

Original Language Title: LEGE nr. 229 din 17 noiembrie 2016

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LEGE no. 229 229 of 17 November 2016 on the organization and exercise of the profession of physiotherapist, as well as for the establishment, organization and functioning of the Romanian College of Physicists
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 939 939 of 17 November 2016



The Romanian Parliament adopts this law + Chapter I General provisions + Article 1 This law regulates the activities and practices related to the exercise of the physiotherapist profession, as well as the establishment, organization and functioning of the College of Physiotherapists + Article 2 The profession of physiotherapist is exercised, on the territory of Romania, under the present law, for the purpose of evaluating, planning and implementing recovery programs that improve or restore human motor functions, increase the capacity of movement, soothes pain and treats or prevent physical problems associated with injuries, diseases, conditions and other deficiencies. + Article 3 The physiotherapist provides services related to the medical act, for the development, maintenance and restoration of the movement capacity and functional ability of persons, at the maximum possible level, throughout the period of life, given that the ability of movement and function are and/or may be affected by aging, injuries, diseases, conditions, other pathological conditions or environmental factors. + Article 4 For the purposes of this law, the physiotherapist is the graduate of university studies, owner of an official title of qualification in physiotherapy, according to the provisions of art. 11, which applies, under medical prescription, the specific activities provided for in art. 13, based on the principles of health promotion, prevention and treatment of diseases, based on the clinical diagnosis established by the specialized doctor. + Article 5 Throughout the period of the profession, the physiotherapist must act with professionalism, proving availability, competence, fairness, devotion, loyalty, confidentiality and respect for the human being. + Article 6 The professional decisions of the physiotherapist are taken within the limits of his professional competence, given the interest and rights of patients/beneficiaries of physiotherapy services, respect for their will, care for their health and towards public health, non-discrimination between patients/beneficiaries of physiotherapy services, respect for human dignity and other principles and rules of deontology in physiotherapy. + Chapter II Exercise of the profession of physiotherapist + Article 7 The profession of physiotherapist is exercised, on the territory of Romania, under the conditions of this law, by: 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 husband of a Romanian citizen, as well as descendants and ascendants in direct line, dependent on the maintenance of a Romanian citizen, regardless of their nationality; d) family members of a citizen of one of the states referred to in lett. b), as defined in art. 2 2 para. ((1) pt. 3 of Government Emergency Ordinance no. 102/2005 on the free movement on the territory of Romania of citizens of the Member States of the European Union and of the European Economic Area, approved with amendments and additions Law no. 260/2005 , republished, with subsequent amendments and completions; e) citizens of third states, beneficiaries of permanent resident status in Romania; f) beneficiaries of long-term resident status, granted by one of the states referred to in lett. b). + Article 8 The profession of physiotherapist is exercised on the territory of Romania by the persons provided in art. 7, which meet the following conditions: a) hold an official qualification title in physiotherapy, as defined in art. 11 11; b) are not found in any of the cases of undignity or incompatibility provided in art. 23 23; c) are medically fit for the exercise of the profession, proven condition with medical certificate issued according to the law; d) are members of the Romanian College of Physiotherapists. + Article 9 ((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, attesting that the possessor physiotherapist is a rightful holder, are recognized by the Ministry of National Education and Scientific Research, allowing the exercise of specific physiotherapy activities, including within the national health insurance system, in compliance with the provisions this law. (2) For the purposes of this law, the right of citizens of the Member States of the European Union, of states belonging to the European Economic Area or of the Swiss Confederation to exercise the specific activities of physiotherapy, including within the social protection system of the Member State of origin, 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 on the facilitation of the free movement of doctors and the mutual recognition of diplomas, certificates and other official certification titles. + Article 10 (1) The official qualification titles in physiotherapy, obtained outside Romania, of the Member States of the European Union, of the states belonging to the European Economic Area or of the Swiss Confederation, shall be equivalent by the Ministry of Education National and Scientific Research, in collaboration with the College of Physiotherapists in Romania, under the law. (2) Exception to the provisions of par. ((1) make those securities which have been recognised by a Member State of the European Union, by a State belonging to the European Economic Area or by the Swiss Confederation. + Article 11 The official title of qualification in physiotherapy is understood: a) the bachelor's degree issued by an accredited or provisionally authorized higher education institution in Romania in the following specializations: (i) physiotherapy; (ii) physiophysiotherapy; ((iii) physiotherapy, with a duration of studies of 4 years; (iv) physical education and sport, specialization of physiotherapy and special motricity, with the duration of studies of 3 years; ((v) kinetotherapy, with duration of studies of 3 years; (vi) physical education and sport, specialization of medical physical culture; (vii) physical education and sports, with seniority in medical recovery of at least 19 years, employed in the health and spa system or social assistance as a professor of medical physical culture; (viii) balneophysiyokinetotherapy and recovery; b) bachelor's degree or another title of physiotherapy/maso-kinetotherapy/physiotherapist, issued by one of the states provided in art. 10 or a third state recognized or equated in Romania by the Ministry of National Education and Scientific Research, according to the law; c) certificate of graduation of the bachelor's examination in physiotherapy, physiotherapy and special motricity, balneophysiotherapy and recovery, issued at the request of the graduate, which is valid until the issuance of the bachelor's degree, but no longer not more than 12 months after the date of issue; d) any other bachelor's degree issued by an accredited faculty that does not correspond to the specializations of lit. a) and which is accompanied by a certificate issued by the respective faculty, which attests that the training curriculum for obtaining the respective bachelor's degree corresponds with that of preparation for the exercise of the profession of physiotherapist, under the conditions this law. + Article 12 (1) In order to obtain the official title of qualification in physiotherapy, for applicants whose competences do not correspond to the qualification of physiotherapist, compensatory measures will be applied, for a period of 5 years from the entry into force of this laws. (2) The compensatory measures are established by the College of Physiotherapists in Romania in collaboration with higher education institutions that have an accredited bachelor program in physiotherapy, physiotherapy and special motor skills, balneophysiyokinetotherapy and recovery. (3) The compensatory measures envisage the completion of the number of theoretical and practical hours corresponding to the unit training curriculum provided in the methodological norms for the application of this law, in order to complete the knowledge, skills and skills required. + Article 13 The activities exercised by the physiotherapist under the prescription of the specialist doctor are as follows: a) the somatofunctional examination of the patient/beneficiary of physiotherapy services, through the use, without limitation, of the observation, instruments/techniques/specific scales of somatofunctional evaluation; b) establishing the need for specific intervention and elaboration of the physiotherapeutic plan; c) providing therapeutic and prophylactic assistance to prevent alteration of function, limitations of activity and participation restrictions; d) the granting of physiotherapeutic and recovery assistance in pathologies of neuro-musculo-skeletal, cardiovascular, respiratory, digestive, neuroendocrine, metabolic and urogenital systems, in the field of sports trauma, pediatrics, geriatrics, rheumatology, ENT and other medical and surgical conditions commonly found in the practice of physiotherapist; e) the application of specific physiotherapy activities, but not limited to them, such as: physical exercise with therapeutic purpose, manual therapy, hydrophysiotherapy, techniques performed using the appropriate instruments/equipment/installations, by application of elastic contentions/adhesives/orthosis or by mechanotherapy, scripetotherapy, electrotherapy, thermotherapy, immobilization/posturing. + Article 14 (1) For the purposes of this law, the physiotherapist exercises his profession on the basis of the authorization of free practice issued by the College of Physiotherapists in Romania, approved annually. The annual opinion shall be granted only after the conclusion of the civil liability insurance for mistakes in professional activity, valid for that year. (2) Annually, the physiotherapist is obliged to prove the obtaining of medical education credits continue, approved by the College of Physiotherapists in Romania, according to the legislation in force. (3) The minimum number of medical education credits continues that a physiotherapist must accumulate annually is determined by the methodological norms for the application of this law. (. The authorization of free practice shall be granted on the basis of the following documents: a) study documents certifying training in the profession; b) certificate of criminal record; c) physical and mental health certificate. + Chapter III Forms of exercise of the profession of physiotherapist + Article 15 The physiotherapist operates on the basis of professional skills in the public health system and/or in private system, independently, as the holder or associate of independent practice offices, or in collaboration with service providers of medical care, social assistance, with treatment bases in the spa system, as well as with federations, clubs, sports associations and educational establishments. + Article 16 (1) The employment and professional promotion of the physiotherapist in the public and private health system shall be carried out according to the legislation in force. (2) The professional promotion of the physiotherapist is carried out at his request, addressed to the College of Physiotherapists in Romania, based on an exam. + Article 17 The main areas of practice in which the physiotherapist activates are: a) administratively: in the management of physiotherapy services, with the responsibility to provide information on the activity of adequate physiotherapy, within institutions or communities; b) clinically: at the level of care related to the medical act, respectively primary, secondary and tertiary, with the responsibility to plan, supervise and evaluate a therapeutic plan; the physiotherapist can work autonomously in individual offices, in institutions medical offices, medical offices, hospitals, stationary units and retirement homes, not limited to them; c) public or community health: with a direct role in promoting health and formulating policies to promote specific physiotherapy activities at the individual/groups level, leading to the improvement and maintenance of physical health, mental and emotional, while minimizing the risks arising from impaired movement capacity and function; d) the specific modalities by which the physiotherapist operates in other fields of practice are established by order of the Minister of Health, in collaboration with the College of Physiotherapists in Romania, as the case + Article 18 (1) The autonomous forms of exercising the profession of physiotherapist provided in art. 17 lit. b) may hire salaried staff, conclude contracts of collaboration with other physiotherapists or other autonomous forms of exercising the profession, contracts with suppliers of goods and services necessary for their activity, with medical, educational, social, sports, body care, with means of mass communication, with specific forms of exercising the profession of doctor and other medical professions and other civil legal acts, under the conditions provided by the Civil Code and the special laws applicable. (2) The conditions of access to professional activities exercised independently by the physiotherapist are established by the methodological norms for the application of this law. + Chapter IV Establishment, organization and functioning of the Romanian College of Physicists + Article 19 In order to monitor, control, authorize and exercise the profession of physiotherapist, the College of Physiotherapists in Romania is established, as a competent authority in the field. + Article 20 (1) The College of Physiotherapists in Romania is a professional organization, with legal personality, non-governmental, of public interest, apolitical, without patrimonial purpose, with responsibilities delegated by the state authority, having as its object of activity authorization, control and supervision of the exercise of the profession of physiotherapist, as a liberal profession of authorized public practice. (2) The College of Physiotherapists in Romania has institutional autonomy in its field of normative and professional jurisdiction and exercises its powers without the possibility of any interference, under the law. (3) The organization forms of the College of Physiotherapists in Romania at national and territorial level are established by its statute. (4) The Statute and the Internal Rules of Organization and Functioning of the College of Physiotherapists in Romania shall be elaborated, within 60 days from the date of entry into force of this Law, by the representatives of the professional associations of physiotherapists, members of the Romanian Federation of Physiotherapy Associations, are approved by order of the Minister of Health and published in the Official Gazette of Romania, Part I. (5) The Statute of the College of Physiotherapists in Romania provides for the organization of elections, the organizational structure at national and territorial level, its powers, as well as the numerical component and the duration of the mandates of the governing bodies of it. + Article 21 The College of Physicists in Romania has the following tasks: a) as competent authority in the field shall ensure the authorization, monitoring and control of the exercise of the profession of physiotherapist, in collaboration with the Ministry of Health; b) ensure compliance with the legal and organizational framework for the exercise of the profession of physiotherapist under the conditions of this law, including through the function of professional control, disciplinary authority and organ of professional jurisdiction; c) authorizes or, as the case may be, endorses the exercise of the profession of physiotherapist on the d) develop and issue the European Professional Card, for its members, in accordance with the regulations of the European Union; e) ensure the exchange of information, through the Internal Market Information System of the European Union, hereinafter referred to as IMI, in accordance with the procedures laid down in the methodological norms for the application of this Law; f) recognizes the official qualifications in physiotherapy acquired in the other Member States of the European Union, in the states belonging to the European Economic Area and in the Swiss Confederation; g) adopt the deontological code of the physiotherapist; h) establishes and supervises the application and observance of quality standards of professional services in the field of physiotherapy, as well as the deontological norms of the physiotherapist; i) establish a framework for the promotion and development of professional competence; j) represent the interests of its members before public and administrative authorities, in international professional bodies, as well as in disputes with third parties; k) keep records of authorized physiotherapists and, as the case may be, grant, certify, suspend and withdraw the right to exercise the profession of physiotherapist under the conditions provided by the methodological norms for the application of this law; l) mediate and arbitrate differences between its members, as well as between them and third parties; m) prepares and permanently updates the unique register of physiotherapists. + Chapter V Transitional and final provisions + Article 22 (1) In order to exercise the profession of physiotherapist, he must become a member of the College of Physiotherapists in Romania, by obtaining the authorization of free practice in accordance with the provisions of art. 14, no later than 12 months after graduating from specialized studies. (2) If the physiotherapist has not obtained the authorization of free practice, according to the provisions of par. (1), it, on request, may obtain a provisional free practice authorization, valid for a maximum period of 6 months, within which it is obliged to meet the conditions provided for in art. 14 14 para. ((2) of this Law. + Article 23 (1) He cannot exercise the profession of physiotherapist: a) the person to whom the punishment of the prohibition to exercise the profession of physiotherapist has been applied by court decision or as a disciplinary measure, for a fixed period; b) the person who, in the exercise of the profession of physiotherapist, has committed abuses by which fundamental human rights and freedoms have been violated, established by final court decision, which expressly provides for the prohibition of exercising the profession. (2) The exercise of the profession of physiotherapist is incompatible with any action of nature to prejudice his professional dignity or good morals, according to the Deontological Code of the physiotherapist. During the period of incompatibility the right to exercise the profession is suspended. + Article 24 (1) The physiotherapist responds disciplinarily for non-compliance with the provisions of this law, the provisions contained in the methodological norms for its application and the Statute of the College of Physiotherapists in Romania. (2) The finding, research and sanctioning of disciplinary deviations are provided for in the Statute of the College of Physicists in Romania. (3) The analization and resolution of malpractice cases is done by the College of Physiotherapists in Romania, through a commission, made up of a specialist doctor and 2 equal or superior physiotherapists in the degree. (4) The disciplinary liability of the physiotherapist does not exclude criminal, contravention, civil or material liability, according to the legal provisions. + Article 25 The specific physiotherapy activities that benefit the insured persons in the national health insurance system are established by negotiation between the College of Physiotherapists in Romania, the Ministry of Health and the National House of Health insurance and are provided in the Framework Contract governing the conditions of the provision of specialized assistance under the health insurance system, being settled from the budget of the National Single Social Insurance Fund health. + Article 26 (1) The College of Physiotherapists in Romania informs the competent authorities of all other Member States of the European Union, the European Economic Area and the Swiss Confederation on physiotherapists who have been restricted or prohibited, by the authorities or national courts, the right to carry out professional activities on the territory of Romania, in whole or in part, even with a temporary nature. (2) The College of Physicists in Romania transmits the information provided in par. ((1) by means of IMI, no later than 3 days after the date of adoption of the decision to restrict or prohibit, in whole or in part, the exercise of a professional activity by the physiotherapist concerned. This information shall be limited to: a) the identity of the physiotherapist concerned, namely the name, surname and date of birth; b) the qualification with which he exercises the profession of physiotherapist; c) the national authority or court which adopts the decision on restriction or prohibition d) the scope of the restriction or prohibition; e) the period during which the restriction or prohibition applies. ((3) Within a maximum of 3 days from the date of adoption of the decision of the court, the College of Physiotherapists in Romania, as the competent authority of the Member State concerned, informs the competent authorities of all other Member States of The European Union, the European Economic Area and the Swiss Confederation, by alert in IMI, about the identity of professionals who have applied for the recognition of formal qualifications in physiotherapy, under the provisions of the present law and where the Romanian courts found that they made use, in this purpose, of forged titles of professional qualification. (4) Processing of personal data for the purpose of exchange of information provided in par. ((1)-(3) is performed in compliance with the provisions Law no. 506/2004 on the processing of personal data and the protection of privacy in the electronic communications sector, with subsequent amendments and completions, and of the provisions Law no. 677/2001 for the protection of individuals with regard to the processing of personal data and the free movement of such data, with subsequent amendments and completions. (5) If the prohibition or restriction provided in par. (3) expires, the College of Physiotherapists in Romania informs, immediately, the competent authorities of all other Member States of the European Union, the European Economic Area and the Swiss Confederation, mentioning the expiry date and any other subsequent change of that date. ((6) The physiotherapist for which the College of Physiotherapists in Romania sends the alert to the competent authorities of all other Member States of the European Union, the European Economic Area and the Swiss Confederation, is informed, in writing, with on alert decisions, while triggering and carrying out the alert procedure. (7) The physiotherapist provided in par. (6) has the possibility to challenge the decision on the application of the alert mechanism to the administrative court competent according to the law, or may request the College of Physiotherapists in Romania to rectify such a decision. (8) If the alert to the competent authorities of all other Member States of the European Union, the European Economic Area and the Swiss Confederation proves to be unfounded, the physiotherapist concerned may obtain compensation related to any damage caused by it, under the law. In these cases, the alert decision may contain the indication that it is the subject of proceedings initiated by the physiotherapist. (9) Data on alerts can be processed in IMI for as long as they are valid. Alerts shall be deleted within 3 days from the date of adoption of the revocation decision or from the expiry of the prohibition or restriction provided in par. ((2). + Article 27 (1) Within 90 days from the entry into force of this Law, the Ministry of Health and the Ministry of National Education and Scientific Research, in consultation with representatives of physiotherapy associations in Romania, issue the methodological norms of the application of this law, approved by Government decision. (2) At the proposal of the College of Physiotherapists in Romania, the Ministry of Health and the Ministry of National Education and Scientific Research initiate the modification of the methodological norms for the application of this law, whenever appropriate. (3) Within 90 days from the entry into force of this Law, the Ministry of Health and the Ministry of Labour, Social Protection and Elderly shall develop, by joint order, the modification and completion of the Government Decision no. 1.352/2010 on the approval of the structure of the classification of occupations in Romania-basic group level, according to the standard international classification of occupations-ISCO 08, republished, in accordance with the provisions of this law. (4) Within 90 days from the date of entry into force of this Law, public authorities, as well as legal persons under public or private law shall operate the necessary amendments for the purposes of applying the provisions of this Law relating to framing and establishing the status, rights and obligations of the physiotherapists they employ. This law was adopted by the Romanian Parliament, in compliance with the provisions of art. 75 75 and art. 76 76 para. (2) of the Romanian Constitution, republished.
CHAMBER OF DEPUTIES PRESIDENT
FLORIN IORDACHE
SENATE PRESIDENT
CĂLIN-CONSTANTIN-ANTON POPESCU-TARICEANU Bucharest, November 17, 2016. No. 229. ----