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LAW no.213 Published in the OFFICIAL GAZETTE no.492 from 06/01/2004 L213/2004
Law no.213 from May 27 th ,2004 concerning the practice of the profession of psychologist owning the right of free practice, the foundation, organization and functioning of the Psychologists' College in Romania The Parliament of Romania Law no.213 of May 27 th ,2004 Concerning the practice of the profession of psychologist owning the right of free practice, foundation, organizing and functioning of the College of Psychologists of Romania Published in the Official Gazette, part I no.492 from July 1 st , 2004 The Parliament of Romania adopts the present law.
CHAPTER I General dispositions
Art.1. - The present law establishes the manner of practicing the profession of psychologist owning the right of free practice, as well as the foundation, organization and functioning of the College of the Romanian Psychologists. Art.2 - (1) The right to practice the profession of psychologist can be owned by: • Romanian citizens; • Citizens of the states that are members of the European Union and of the other states from the European Economic Space, through establishment in Romania or during temporary services; • Citizens from other countries with which Romania has bilateral conventions in this domain (2) The practice of the profession of psychologist with the right of free practice is meant for the persons enumerated in paragraph 1, who have graduated an institution of superior studies in the domain, with a university degree in psychology or assimilated, obtained from an accredited institution of superior studies, in Romania or abroad, recognized and validated, considering the circumstances, according to the law. Art.3. - The psychologist with the right of free practice obeys, while practicing his/her profession, the stipulations of the national legislation, of the European and international one, referring to the fundamental rights of man. Art.4. - The psychologist who owns the right of free practice carries on his/her activity on the basis of the professional independence principle, which gives him/her the right of initiative and decision in the practice of professional activity, totally assuming the responsibility for its quality. (2) The confidentiality of the psychological act is protected by law and it is an obligation for any psychologist. Art.5. The psychologist with the right of free practice carries on the following kinds of activities: • the study of human behavior and mental processes; • the investigation and recommendation of solutions for psychological problems; • the elaboration and application of tests for measuring intelligence, abilities, bents and other human characteristics; • the psychological testing , prevention and psychotherapy of emotional and personality problems, as well as of the lack of adaptation to the social and professional environment phenomena; • the interpretation of the obtained information and the elaboration of those recommendation that he/she considers to be necessary. Art.6. - The practice of the profession of psychologist carries on: • in the private sector, in salary regime, or independently, with the right of free practice, according to the dispositions of the present law and of other stipulations and normative acts which are not annulled • in the public sector, in which the psychologists have, depending on the case, the statute of public clerks, teachers and other functions, according to the stipulations of the special laws and rules or of the statutes of the respective institution.
CHAPTER II The practice of the profession of psychologist with the right of free practice SECTION I The acquirement and exercise of the right of free practice
Art.7. - (1) The right of free practice implies exercising the activities in art.5. and the total responsibility for the professional act's quality in relation with the beneficiaries of the psychological services, respecting the settlements that are related to the domain. (2) The right of free practice is exercised in a holographic manner, with the clear mention of name, surname and personal code number in the unique Register of the Psychologists in Romania owning the right to free practice, as well as the application of his/her own stamp. Art.8. (1) The persons scheduled in art.2. acquire the right to free practice according to the present law. The acquirement of the right leads to the subscription in the unique Register of the Psychologists in Romania owning the right to free practice. (2) The persons scheduled in art.2 (1) point (b), established as psychologists by the competent authorities in the states that are EU members, acquire the right to free practice as a consequence of their professional acknowledgement, according to the dispositions of the special law and of the European norms in the domain. (3) The persons scheduled in the art.2 align (1) point (b) who carry out temporary services, have the obligation to make a declaration concerning their services, which they will register at the College of the Psychologists in Romania, these representing an exception to the attesting procedure, as well as to the obligation of subscribing in the unique Register of the Psychologists with the right of free practice in Romania or to the payment of an administrative tax. In this case, a simplified procedure, established through the methodological norms of application of the present law, is applied. Art.9. - The free practice certificate is released on the basis of the present law's methodological norms of application and of the certified state of health. Art.10 - Depending on the competence and professional experience of the solicitant, one of the following forms of acknowledgement can be granted: • the free practice certificate for activity in conditions of supervision, for the psychologists who have no experience in the respective domain; • the free practice certificate in regime of association, for the psychologists who work in professional collectives. • the autonomous free practice certificate, for the psychologists who meet the competence and professional experience criteria established by the methodological norms of application of the present law. Art.11. - The certificate scheduled in art.10, let. (a) and (b) can be revised, at request, after minimum one year. Art.12. - The control and supervision of the way of practicing the profession of psychologist with the right of free practice are done according to the stipulations of the present law.
SECTION 2 Forms of practicing the profession of psychologist with the right of free practice
Art.13. - (1) For exercising the profession, the psychologists with right of free practice can found, by choice, according to the law, individual cabinets, associated cabinets, civil professional societies or they can carry on their activity on the basis of certain labor contracts, according to the law. (2) Whichever the form of practicing the profession, the psychologists with right of free practice may hire employees, observing the conditions of the law. Art.14. - (1) The individual psychological cabinets, founded according to the law, are to be declared at the College of the Psychologists in Romania . Contractual rapports are to be established between the psychologists with the right of free practice and the beneficiary from the services offered by the psychologist. (2) Individual cabinets can associate by contract and are to be declared to the College of the psychologists in Romania . (3) The forms and modalities of practicing the profession, which are declared to the College of the Psychologists in Romania , are obligatorily registered in the unique Register of the Romanian Psychologists with the right of free practice. Art.15. - (1) The civil professional societies are to be constituted, respecting the conditions of the law, through a contract of civil society closed between 2 or more psychologists owning the right of free practice, and are to be declared to the College of the Psychologists in Romania . (2) Contractual rapports are to be made between the beneficiary and the civil professional society, no matter which one of the psychologists with right of free practice carries on the professional services. (3) Inside civil professional societies, the patrimony is common and belongs to the associates according to the shares established in the contract of civil society.
SECTION 3 The rights and obligations of the psychologists with the right of free practice
Art.16. - The psychologist with the right of free practice has the following rights: • to carry on the activities scheduled in art.5, according with the type of certificate owned; • to obtain for his/her services a salary that is freely negotiated with the beneficiary. Art.17. - The psychologists with the right of free practice has the following obligations: • to know and respect the legal stipulations referring to the practice of the profession of psychologist with the right of free practice; • to obey and respect the deontological Code of the profession of psychologist with the right of free practice; • to exercise his/her right of free practice within the limits established in the certificate owned; • to be concerned with perfecting his/her professional qualification; • to assume the whole professional responsibility towards the beneficiary, showing consciousness and professional probity; • to serve the interests of the beneficiary, in agreement with the public interest and the professional exigencies.
SECTION 4 Suspending and disowning of the right of free practice. The erasure from the unique Register of the Psychologists with the right of free practice in Romania
Art.18. - The right of free practice is to be suspended: • temporarily, at the request of the person subscribed; • after 6 months of non-payment, with no justification, of the annual due to the College of the Psychologists in Romania , up to the date when the person pays the whole sum; • under the title of disciplinary sanction, during all the period of sanction; • during the period of the suspending of the right to profess, disposed through judgmental final decision. Art.19. - (1) The right of free practice stops: • by written renouncement to the right of free practice; • if a subscribed person has been condemned for a deed scheduled by the law, in relation with the exercising of the right to free practice, or if he/she has been applied with the complementary punishment of forbiddance of the right of exercising his/her profession through a final judgmental decision. (2) Renouncement at the right of free practice equals erasure from the unique Register of the Psychologists with the right of free practice in Romania .
SECTION 5 Interdictions and incompatibilities in exercising the profession of psychologists with the right of free practice Art.20. - The profession of psychologist with the right of free practice cannot be exercised by: • the psychologist who has been condemned for intentionally committing an infraction against humanity or life in circumstances related to the practice of the profession of psychologist and for which rehabilitation has not intervened; • the psychologist who has been forbidden to exercise his profession through judgmental decision; • the psychologist who has been temporarily disowned of the right of free practice, as disciplinary sanction, during the period of the suspension. Art.21. - The practice of the profession of psychologist with the right of free practice is incompatible with: • the carrying out of any activity which would harm professional dignity or morals; • the state of health not corresponding, certified by the Commission of medical expertise and recovery of the labor capacity, according to the law; • the intentional usage of professional knowledge and methods in the disfavor of the person or illegally. Art.22. - The persons scheduled in art.2, align. (1), point b) and c) must prove that they are not in a situation defined in art.20 and 21, through documents provided by the competent authorities from the respective countries.
CHAPTER III The College of the Psychologists in Romania SECTION 1 Organization and attributions Art.23. - (1) The College of the Psychologists in Romania , still being named College, is a professional organization, with a personality that is juridical, private, apolitical, autonomous and independent,, of public interest, with its own patrimony and budget. The College has the role of representing and protecting at national and international level, the interests of the profession of psychologist with right of free practice. (2) The College is situated in Bucharest . (3) The College consists of all the psychologists with right of free practice in Romania . (4) The psychologists with right of free practice have the right, with no forbiddance, to adhere to other forms of professional associations. (5) The College has the obligation to annually publish the unique Register of the Psychologists with right of free practice in Romania . Art.24. - The attributions of the College are as following: • it assures that the organizing framework of exercising the profession of psychologist with right of free practice respects the conditions of the law; • institutes standards of quality of the psychological services; • institutes a framework of promotion and development of the professional competence; • institutes and promotes deontological norms in exercising the profession of psychologist with the right of free practice; • represents the interests of its members against public and administrative authorities, as well as inside professional international organisms; • attests the right of free practice of the psychologists and manages the unique Register of the psychologists with right of free practice of Romania .
SECTION 2 Forms of management Art.25. - (1) The management of the College is represented by: • The national Convention; • The College Council; • The Board of Directors; • The College president. (2) The election of the management of the College can only be performed through secret votes. (3) The persons chosen for managing purposes have a mandate of 4 years and not more than two times consecutively. (4) The Collective managing groups take decisions through open votes, in case they do not choose to do otherwise. Art.26. - (1) The national Convention is formed by the ones who represent the Council's members, on the basis of a norm of representation, proportionally with the number of members of each filial. (2) The convention has a meeting, usually, once every 4 years. It can also have a meeting in an extraordinary session requested by the simple majority of the members of the College's Council. (3) The convocation of the national Convention is to be done through mass-media, at least 3 months earlier that the appointed date. (4) The national Convention is preceded by territorial conventions, which approve the ones that will represent it in conformity with the norm of representation. (5) The national Convention is founded legally in the presence of two thirds of the number of the chosen representatives. If at the first convocation, the quorum condition is not fulfilled, the Board of Directors settles a new date, not earlier than 15 days. In this situation, the national Convention is legally founded in the presence of the majority of the chosen members and adopts decisions together with the majority of the present members. Art. 27. - The national Convention has the following attributions: • approves of the internal organization and functioning Regulation, the deontological Code of the profession of psychologist with the right of free practice, the Code of disciplinary procedures, the Norms of methods and techniques of evaluation and psychological assistance, as well as of their modifications; • chooses and revokes the president of the college and the members of the director Committee; • approves of the activity rapport of the College's Council and other documents. Art. 28. - The Council of the College is constituted of the president of the College, which is also president of the College Council, the members of the Board of Directors and the territorial filiations' presidents. Art.29. - (1) The Council of the College meets annually, at the convocation of the president of the College. (2) The Council of the College can also meet in an exceptional session, at the request of the simple majority of its members. Art.30. - The attributions of the Council of the College are as following: • establishes the directing lines concerning the fundamental problems of the profession of psychologist with right of free practice and of the activity of the college; • analyzes and approves of the activity rapport of the director Committee; • approves of the annual due and the level of the taxes that are necessary for covering the attesting costs and of other services; • approves of the administrative structures of the directing Committee, the founding of new commissions or the restructuring of the existing ones; • approves of the rapport of financial audit, performed by an independent company; • approves of the spending and incomes budget of the College, the College's balance sheet and downloads the directing Committee of fund management. Art.31. - The directing Committee consists of the president of the college, who also has the quality of president of the director Committee, the presidents of the commissions scheduled in art.35 and its members. Art.32. - The rightful substitute of the Board of Directors' president, in case of the latter's not being available, is the president of the Deontology and Discipline Commission or other president of commission, chosen by the Board of Directors. Art.33. - The Board of Directors has the following attributions: • releases the certificate for the psychologists with right of free practice; • releases the notice for the methods and techniques of evaluation and psychological assistance, as well as the way of usage of these; • proposes to the institutions courses and other forms of permanent education in the domain of psychology, in conformity with the legal stipulations; • elaborates the Set of rules of organization and internal functioning; • elaborates the deontological Code of the profession of psychologist with right of free practice; • elaborates, together with the Ministry of Education and Investigation, the methodological norms of application of the present law; • elaborates the Code of disciplinary procedure and supervises its application; • elaborates the Norms of notification for methods and techniques of valuation and the psychological assistance; • publishes, edits and makes public the unique Register of the psychologists with right of free practice of Romania ; • mediates the quarrels between psychologists with the right of free practice, between them and the beneficiaries of the psychological services, as well as between the psychologists and their employers, in problems related to the practice of the profession of psychologist with the right of free practice; • announces the authoritative organs in case of illegal exercise of the profession of psychologist with the right of free practice; • proposes the level of taxes for the delivered services, as well as of the annual due Art.34. - The Board of Directors functions through meetings and commissions, whose competences and periodicity are established through the Set of rules of internal organization and functioning. Art.35.- (1) Inside the directing Committee the following commissions function: • applicative commissions: the Commission of clinical psychology and psychotherapy; the Commission of labor psychology, of transport and services; the Commission of educational psychology, school and vocational counseling; the Commission of defense psychology, public order and national safety; • the methodological Commission; • the Commission of deontology and discipline. (2)The commissions scheduled in align.(1) are organization specialty structures whose attributions are established through the Set of rules of internal organization and functioning. (3) Depending on necessities, new commissions can be formed, or the existing commissions can be restructured. Art.36. - The commissions have the following attributions: • applicative commissions carry out the procedures scheduled by the methodological norms of application of the present law and propose to the director Committee the release of the certificate in the specialty domains; • the methodological Commission approves of the methods and techniques of psychological assistance in conformity with the Norms of notification of the methods and techniques of valuation and psychological assistance; • the Commission of deontology and discipline assures that the deontological Code of the profession of psychologist with the right of free practice is respected, judges its infringements and applies sanctions, in conformity with the present law. Art.37. - Each commission is managed by an office that consists of a president, a vice president, a secretary and disposes of a technical secretariat. Art.38. - The commissions elaborate norms and procedures of control and professional supervision in the own domains, approved by the College's Council, assuring the training of the persons with control attributions. Art.39. - The members of the director Committee and of the management of the territorial filiations have the right of indemnities of meeting established through the Internal Organization and Functioning Set of Rules and of receiving back the money spent on transport, in travels related to the carrying out of their specific services. Art.40. - The president of the College and the presidents of the commissions scheduled in art.35 assure the operative management of the College. Art.41. - The president of the College has the following attributions: • represents the College in its relations with other organizations and institutions from the country and from abroad; • closes conventions and contracts in the name of then College, with the agreement of the director Committee; • convokes and leads the meetings of the director Committee, the council of the College and of the national Convention; • manages the budgetary expenses of the director Committee.
SECTION 3 The territorial filiations of the College
Art.42. - (1) The College has territorial branches, at the level of county and in Bucharest . (2) If in one county there are les than 50 psychologists with right of free practice, territorial filiations can be founded through the association of psychologists from neighbor counties. Art.43. - The management of territorial filiations is provided by: • the convention of the branch; • the committee of the branch; • the president of the branch. Art.44. - The convention of the branch represents the debating forum of the members of the College, with the domicile in the respective zone, and has the following attributions: • debates the specific problems of the current professional practice; • approves of the annual rapport of activity of the branch's committee; • chooses and revokes the president and the members of the branch's committee; • chooses the representatives for the national Convention; • proposes candidates for the function of president of the College and of member of the directory Committee. Art.45. - The convention of the branch annually meets at the convocation of the branch's president or at the request of the majority of the branch's members. Art.46. - (1) The committee of the branch is the structure of coordination at the territorial level and is under the authority of the directory Committee. (2) The Committee of the branch is managed by a president and consists of an impar number of members. (3) The attributions of the branch's committee: a) elaborates the annual rapport of activity and, after it is approved by the convention of the branch, he gives it forward to the directory Committee; b) informs the members about the College's decisions; c) can make proposals of representation at the national Convention; d) can me proposals of candidates for president and the members of the directing Committee; e) controls the professional activity of the members of the College from the area of the respective branch, on the basis of the mandate given by the directing Committee, and approves of the files of the psychologists with the right of free practice who are proposed for controlling activities; f) receives the attesting files, verifies their conformity and sends them to the directory Committee. Art.47. - The rightful substitute of the branch's president is the member of the branch's committee with the greatest professional experience.
SECTION 4 The unique Register of the psychologists with right of free practice from Romania
Art.48. - (1) The unique Register of the psychologists with right of free practice from Romania contains the list of all psychologists with right of free practice, in conformity with the stipulations of the present law. (2) The Register is a public document, being at the disposal of the beneficiaries of psychological services, with the purpose to certify the right of free practice and the domains of competence of the members of the College. (3) The director Committee has the obligation to assure the publicity of the unique register of the psychologists with right of free practice from Romania , through electronic devices and through its annual publishing.
CHAPTER IV The financing of the activities of the College
Art.49. - The financing sources of the College are as following: • dues; • taxes; • donations and sponsorships coming from physical and legal persons; • other sources, in conformity with the present laws. Art.50. - The sharing of the budget for the director Committee and the committee of the branches is approved of by the Council of the College. Art.51. - Funds are used for staff expenses, material expenses, investments and acquisitions, as well as in other purposes related to the specific domain of activity. Art.52. - The financial activity is under the authority of the legal organs.
CHAPTER V Disciplinary responsibility Art.53. - The director Committee of the College judges the quarrels and deontological, disciplinary and professional infractions of the psychologists, in conformity with the Code of disciplinary procedure. Art.54. - (1) The psychologists with right of free practice who do not respect the stipulations of the present law and the specific sets of rules concerning the exercise of the profession of psychologist or do not respect the deontological Code, are disciplinary sanctioned, depending on the gravity of the infraction, as following: • reprimand; • warning • temporary suspension, on a period of 6-12 months, of the right of professing • the definitive withdrawal of the certificate. (2) The sanctions scheduled in align.(1) are to be communicated within 10 days to the territorial labor committee, as well as to the institution with which the psychologist has a contract. Art.55. - The sanctions scheduled in art.54, align.(1), point a) and b) are applied by the deontological and discipline Commission, at the request of the profile commissions of the directing Committee, and the ones mentioned in art.54, align.(1),c) and d), by the directing Committee, at the request of the commission of deontology and discipline. Art.56. - The sanctions scheduled in art.54,align(1), point a) and b), can be contested at the Board of Directors, and the ones mentioned in art54., align(1), point c) and d), at the Council of the College. Art.57. - The disciplinary responsibility of the psychologists with the right of free practice attested in conformity with the present law does not exclude the penal sanction, contravention, civil or material, in agreement with the legal stipulations. Art.58. - The practice of the profession of psychologist with right of free practice, by a person who does not own this quality represents an infraction and is to be punished in conformity with the Penal Code.
CHAPTER VI Transitory and final dispositions Art.59. - The Association of the Psychologists of Romania chooses an initiative committee which convokes the Gathering for the constitution of the College, in 3 months since the appearance of the present law. Art.60. - The Gathering for the constitution of the college chooses the provisory directing Committee, the ad-interim president and also delegates territorial initiative committees. Art.61. - The directing Committee chosen by the Gathering for the constitution of the College elaborates in maximum 6 months the documents scheduled in art.33, point d), e), g), h) and, in the same period of time, it convokes the national Convention of the College. Art.62. - 3 months before the national Convention, the committees of the territorial branches of the College organize the conventions of the branches, which choose the members of the committees delegate the representatives at the national Convention of the College and approve of the proposals for the functions at the level of the College. Art.63. The national convention approves of the documents of organization and functioning stipulated in the present law, chooses the president and the members of the directing Committee, for a 4 years mandate. Art.64. - The imposing by the College of certain restrictions concerning the placement and number of the psychological consulting rooms of free practice is strictly forbidden. Art.65. The methodological norms of application of the present law are to be approved of through Governmental decision in term of 60 days since the constitution of the leading structures of the College. Art.66. - The present law is available 30 days after its publication in the Official Gazette of Romania, Part I.
This law has been adopted by the Chamber of Deputies in the meeting held on the 17 th of May 2004, in agreement with the stipulations made in art.76 align(1) from The Constitution of Romania, republished. PRESIDENT OF THE SENATE, GHEORGHE BUZATU
This law has been adopted by the Chamber of Deputies in the meeting held on the 18 th of May 2004, in agreement with the stipulations made in art.76 align(1) from The Constitution of Romania, republished. PRESIDENT OF THE CHAMBER OF DEPUTIES CONSTANTIN NITA Bucharest , 27 of May, 2004 No.123. |
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