Act No. 318 / 2004 Coll.
Act amending Act No. 381 / 1991 Coll., on the Chamber of Veterinary Physicians of the Czech Republic
Valid
Effective from 27.05.2004
Text versions:
27.05.2004
318
THE LAW
of 29 April 2004
amending Act No. 381 / 1991 Coll., on the Chamber of Veterinary Doctors of the Czech Republic
Parliament has decided on this law of the Czech Republic:
Act No. 381 / 1991 Coll., on the Chamber of Veterinary Physicians of the Czech Republic, is amended as follows:
1. in Article 2 (1) (a), the word "Regulations" shall be replaced by the words "State regulations," and at the end of the text in point (a) the words "inform members of the Chamber and visiting veterinary surgeons (§ 5a) of the legislation and regulations relating to the performance of the activities of a veterinarian in the Czech Republic and of the recognition of eligibility for the profession of veterinarian in the Czech Republic."
2. in Article 2 (1), at the end of point (e), the dot is replaced by a comma and the following points (f) to (j) are added:
"(f) issue certificates of length of membership of the Chamber and, where appropriate, other certificates certifying the facts under this Act;
(g) cooperate with the chambers of veterinary surgeons or similar legal persons in the Member States of the European Union, consult them on their opinions, in particular in the event of doubt as to the authenticity of the diploma, certificate or other document by which the person concerned attests to the fulfilment of the condition of the prescribed qualification and informs them of the findings of breaches of veterinary legislation by their members;
h) ensure that a citizen of a Member State of the European Union who has been recognised as eligible for veterinary medical and preventive activity has acquired or, where appropriate, deepened knowledge of the Czech language to the extent necessary for its proper performance in the Czech Republic;
(i) examine, at the request of the Chamber of Veterinary Physicians or of a similar legal person of a Member State of the European Union, information concerning members of the Chamber and visiting veterinary surgeons likely to have an impact on the initiation or pursuit of their veterinary therapeutic and preventive activities in a Member State of the European Union, and inform that authority of the findings made no later than 3 months after the date on which the relevant facts were established, together with the measures taken; The Chamber shall ensure the protection of the personal data transmitted,
(j) deal with and decide on the complaints and complaints of its members, unless otherwise provided by this law, within 30 days, in particularly complex cases within 60 days. ";
3. in Article 2 (2) (c), including footnote 1) and (1a):
"(c) issue, in accordance with the law of the European Communities (1), a certificate of compliance with the conditions for carrying out veterinary therapeutic and preventive activities laid down in specific legislation1a (hereinafter referred to as the certificate); the certificate is issued by the Board of Directors of the Chamber in accordance with the approved certification rules on the basis of an application to be completed no later than 30 days after its submission,
1) Council Directive 78 / 1026 / EEC of 18 December 1978 concerning the mutual recognition of diplomas, certificates and other evidence of prescribed qualifications in veterinary medicine, including measures to facilitate the effective exercise of the right of establishment and freedom to provide services. Council Directive 78 / 1027 / EEC of 18 December 1978 concerning the coordination of provisions laid down by law, regulation or administrative action with regard to the activity of veterinary surgeons.
(1a) Act No. 166 / 1999 Coll., on Veterinary Care and the amendment of certain related laws (Veterinary Act), as amended. '
footnote 1 shall be renumbered footnote 1b), including the footnote references.
4. in Article 2 (2), points (d) and (e) are deleted;
Points (f), (g), (h), (ch), (i), (j) and (k) shall be renumbered (d), (e), (f), (g), (h), (i) and (j).
5. Paragraph 4 (1) and (2) reads as follows:
"(1) The veterinarian who carries out veterinary treatment and preventive activities in the Czech Republic must be a member of the Chamber, except for the visiting veterinarian (§ 5a). This obligation shall not apply to a veterinarian who carries out a veterinary medical and preventive activity in the field of competence of the Ministry of Defence or the Ministry of Interior.
(2) The Board of Directors of the Chamber shall enter on the list of members of the Chamber within 2 months of the date of receipt of the written application from the applicant, which:
(a) has provided a certificate of compliance with the conditions for professional veterinary activity referred to in Article 2 (2) (c);
(b) has full legal capacity. "
6. In Article 4, the following paragraph 5 is added:
"(5) The Chamber shall keep a list of visiting veterinary surgeons (§ 5a) who have notified the performance of veterinary treatment."
7. The following Section 5a is inserted after Section 5:
(1) However, a veterinarian from a Member State of the European Union who is established in the territory of a Member State of the European Union and in the territory of the Czech Republic intends to carry out a veterinary medical and preventive activity temporarily or occasionally (hereinafter referred to as "visiting veterinarian") may not be a member of the Chamber, but is obliged to notify the Chamber in advance of the performance of veterinary medical and preventive activities in the territory of the Czech Republic. The notification by the visiting veterinarian shall be accompanied by a certificate certifying that he is carrying out a veterinary treatment and preventive activity in the State of his establishment in accordance with his legislation and a certificate certifying that he fulfils the qualification conditions for the performance of that veterinary activity; such documents may not exceed 12 months.
(2) Where, in accordance with the procedure referred to in paragraph 1, a veterinarian may jeopardise the provision of urgent veterinary treatment or preventive action, he shall be required to give priority to the exercise of that veterinary activity and, thereafter, without undue delay, to notify the Chamber of his initiation.
(3) The notification referred to in paragraphs 1 and 2 shall entitle the visiting veterinarian to carry out the veterinary medicinal and preventive business activities for the period specified in the notification but not more than 2 months.
(4) The Chamber shall inform the Chamber of Veterinary Physicians of the competent Member State of the European Union in which the visiting veterinarian is established of the disciplinary penalty if it has imposed it on that person.
(5) The provisions on the rights and obligations of members of the Chamber apply mutatis mutandis to the visiting veterinarian, with the exception of Sections 6 (1) (a) and (b) and 6 (2) (e). "
8. In Article 6 (2), the words "which is an entrepreneur 'shall be inserted after the word" Chamber'.
9. In Article 6, the following paragraph 3 is added:
"(3) A member of the Chamber who is not an entrepreneur is obliged to:
(a) to pursue his profession professionally, in accordance with his ethics and in a manner laid down by generally binding legislation;
(b) duly pay the contributions provided for. ";
10.
Certification
(1) The Chamber shall, at its request, issue a certificate stating:
(a) whether it fulfils the qualification criteria for carrying out veterinary therapeutic and preventive activities [Section 2 (2) (c)], or, where appropriate,
(b) whether it carries out veterinary treatment and preventive activities in accordance with legislation in the Czech Republic.
(2) The certificate referred to in paragraph 1 shall be issued by the Board of Directors of the Chamber in accordance with the approved certification scheme within 30 days of the date of application. The certificate shall be valid for the period specified therein but not more than 12 months from the date of issue.
(3) Where the Chamber applies disciplinary penalties to the holder of the certificate pursuant to Article 17 (1) (c) or (d), it shall at the same time ensure temporary or permanent withdrawal of the certificate referred to in paragraph 1 or, where appropriate, in accordance with point (b). "
11. in Paragraph 12 (4) (b), the word "internal" is replaced by the word "state."
12. in Article 15 (3) (b) and (c), the word 'Regulations' shall be replaced by 'State regulations';
13. In Article 17, paragraphs 5 and 6 are added:
"(5) The decision which terminates the disciplinary procedure and which cannot be appealed against is in legal force and enforceable, except as referred to in paragraph 6.
(6) If a fine has been imposed as a disciplinary measure, it should be paid within 15 days of the legal authority of the decision, unless the decision provides for a period of time or provides for a decision to be paid in instalments. A decision imposing such disciplinary action shall be enforceable as soon as the time limit for performance has expired. ';
14.
(1) An appeal may be lodged within 15 days of the date of notification of the decision by the Chamber of Honor on the imposition of a disciplinary measure pursuant to Article 17 (1) (b), (c) and (d).
(2) An appeal shall be deemed to have been lodged in due time if at least the last day of the period referred to in paragraph 1 has been transmitted to the owner of the postal licence. The appeal has suspensory effect.
(3) The Board of Appeal of three members of the Board of Directors of the Chamber of Directors (hereinafter referred to as the Board of Appeal of the Chamber of Appeal) shall decide on the appeal.
(4) The Board of Appeal of the Chamber shall, in its appeal proceedings, revoke or reject the decision and confirm the decision. If the Board of Appeal of the Chamber of Appeal withdraws the contested decision, it shall refer it back to the Chamber of Appeal for further proceedings and decisions; The Chamber's Board of Appeal shall in this case be bound by the legal opinion of the Chamber's Board of Appeal. ';
15.
Scope of the Ministry of Agriculture
The Chamber shall, within 30 days, submit to the Ministry of Agriculture all state regulations adopted by its institutions. If the Minister of Agriculture considers that the Chamber's State Code is contrary to a constitutional or other law, he shall be entitled to file a motion for its annulment by a court. '
Efficacy
This Act shall take effect on the day of its publication.
Zaoralek v. r.
Klaus v. r.
Spindles v. r.
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Regulation Information
| Citation | Act No. 318 / 2004 Coll., amending Act No. 381 / 1991 Coll., on the Chamber of Veterinary Physicians of the Czech Republic |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 27.05.2004 |
|---|---|
| Effective from | 27.05.2004 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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