Enforcement regulations

Normativa de aplicación

Regulation of the General Council of Official Colleges of Pharmacists of Spain

Article 1. The General Council of Official Colleges of Pharmacists will be the only official representative and senior body in the pharmaceutical profession, Corporation will be integrated, on a mandatory basis by all chambers Pharmacists of Spain, who will comply with the orders Council in the area of its competence.

Article 2. By the Civil Governors and so on authorities that depend on this Ministry will be given maximum support to the Council General Of Chambers for the most accurate fulfillment of the purposes that are determined Regulation.

TITLE FIRST

OF THE OBJECT AND PURPOSE OF THE COUNCIL

Article 3. These are functions that correspond exclusively Council:

  • (a) Adopt the Regulations of the Provincial Colleges without the intervention of the Provincial Health Boards. These Regulations will be drafted taking into account as required in the Statutes of 28 September 1934, with the necessary clarifications, as long as they do not object to the provisions of this Regulation.
  • b) Assume the representation of the Colleges in matters of a general nature and to indicate, on a mandatory basis, the rules it deems appropriate in internal affairs organization, whether in any order. Therefore, requests or instances that the Colleges are to lead the Public Authorities will do so through the General Council, and those of the collegiate, by that of the Colleges.
  • c) Monitor compliance with and refinement of pharmacy legislation, to which purpose will create and sustain, from its budgets, a Corps of Inspectors nationally, managing the authorities as many provisions as it deems timely for the technical and professional improvement of the class they represent, as well as social, moral and economic.
  • d) Defend the rights of the pharmaceutical community and serve as arbitrator in differences that arise between and even within the Colleges when you are required to do so, or when you do not require it to consider your intervention accurate.
  • (e) Publish as many forms as necessary to the organization and submit before published at the approval of the Directorate-General for Health the models of cookbooks, narcotics registration books, fees as well such as guarantee seals and, in general, anything that is necessary for the good running of Community Pharmacys and laboratories. Similarly will set the appropriate rules for the uniformity of marbets master formulas.
  • f) Appear with full personality before the Courts and Courts of any order, including special ones, to exercise all kinds of rights and actions, to which this Regulation gives the President of the Corporation power to grant the corresponding commandments in its name.
  • (g) Create, when deemed necessary, Sections that, within your bosom, harmonize the relationships or interests of the various pharmaceutical sectors. These Sections, when created, they will draw up their respective Regulations, regulating their development Council and submitting them for approval. The agreements of those will not have enforceable force without the prior authorization of the Council.
  • (h) Regulate the opening and closing hours of Community Pharmacys as well Sunday rest, guaranteeing public service through the corresponding on-call shifts, a faculty that you can delegate to the Colleges when you deem it Timely.
  • (i) Inspect whenever it deems appropriate or at the request of the authorities health care, or when asked by most chamberchildren, the functioning of and management of the Colleges, taking the measures it deems appropriate; Council may charge the costs of the inspection to the respective College.
  • (j) Concert as an exclusive agency when it comes to the provision of the service social insurance, and establish the necessary agreements with Ministries or Agencies to which they delegate and point out the rules necessary for the fulfilment of these conventions.

Watch for the relations of the chamberchildren with the Insurance Agencies are done through the Provincial Colleges, which will raise matters to the Council’s knowledge and approval.

The issues raised between the Colleges and the Insurance Agencies will be informed of the Council, who will act accordingly.

It will also give the rules that may be made in accordance with the provisions in force for compliance with the Pharmaceutical Service of Charity, Assistance-Medical-Pharmaceutical Societies (Free Insurance), Accidents at Work and other entities of a similar type.

Billing, settlement and distribution of the amount of pharmaceutical benefits referred to above shall be carried out by the Colleges, except in cases where it is created necessary for these operations to be carried out by the Council.

  • k) To lend their most determined and enthusiastic collaboration to the College of Orphans of Pharmacists for the greatest and best development of such beneficial and humanitarian Institution.
  • l) Encourage and protect scientific and professional acts that organize Chambers and of which they must make the Council aware.
    m) You must institute prizes, scholarships v distinctions, the concession of which will be regulated in Internal regulations.

TITLE II

HOW THE COUNCIL WORKS

Article 4.

One.

  • (a) The General Council shall consist of: President, three Vice-Chairmen, Secretary, Treasurer, Accountant, who will be elected by all presidents of Official Colleges of Pharmacists.
  • b) Seventeen Vowels, corresponding to:
    – One for each of the Autonomous Communities of Galicia, Asturias, Cantabria, Basque Country and Catalonia.
    – One for each of the Pre-Autonomous Entes of Aragon, Castile? Leon, Castile? The Mancha, Valencia, Murcia, Extremadura, Andalusia, Balearic Islands and the Canary Islands.
    – One for each of the provinces of Madrid, La Rioja and Navarra.
    The Colleges of each Autonomous Community, Pre-Autonomous Agency and Province that have (b) will elect their Member representative to the Council General system through a uniform system, approved by the General Assembly of Colleges Pharmacist Officers.
  • c) Eleven Vocals, representatives of the Sections of Municipal Pharmaceutical Inspectors, Pharmaceutical Clinical Analysts, Pharmaceuticals in Distribution, Pharmaceuticals In Industry, Hospital Pharmacy, Ophthalmic Optics And Acoustics Audiometric, Food Pharmacists, Dermapharmacy, Orthopedics, Office Pharmacy and Research and Teaching.

Two.

The President, Secretary and Treasurer shall undertake at the time of submission of applications to establish their residence in the locality where the Council is based General of Official Colleges of Pharmacists.

Article 5 . The Council will be renewed in half every three years, and elections will be held in Madrid at the General Council venue.

The Board of Elections will be chaired by the oldest President among the and two Members, also Presidents, elected from the one who follows the previous and the youngest, assisted, as Secretary, by which he is of the Council General. From the result, the timely record will be lifted, which will be raised to Directorate-General for Health, which will confirm the corresponding appointments.

In the first partial renewal will cease: the Vice-President, the Secretary, the Accountant and even vowels. In the second renewal will cease: the President, the Treasurer and the odd Vocals.

Article 6. Election of charges. The rules governing calls for the provision of vacancies at the General Council of Official Colleges of Pharmacists will meet the following general criteria:

One. Ordinary system.

  • a) From the general candidacy.

    1. Shall include the positions of President, Vice-President, Secretary, Treasurer and Accountant, as appropriate in accordance with Article 5 of the Ministerial Order May 16, 1957 and will be declared vacant by the General Council with fifteen days in advance of at least the proclamation of the candidates.

    2. All Collegiate Pharmacists, who may be candidates for such posts, who have not been subject to disciplinary sanctions for gross misconduct, nor have they been barred by final judgment for the exercise of the profession or public office. Also must prove a minimum of three years of professional practice in any form exercise for which they are trained by their degree.

    3. The Presidents of the Colleges shall be the electors for this general candidacy Pharmacist officers or whoever will replace them.

  • b) Specific nominations.

    1. Specific nominations will be established for the election of the corresponding vowels To Autonomous Communities and for each of the Section Vocals.
    To this end, the General Council will publish the vacancies to be filled in accordance with article 5 of the Order of May 16, 1957, with fifteen at least days in advance of the proclamation of candidates.

    2. Candidates for the Members of the Autonomous Communities may be candidates, in addition to the Presidents of the Official Colleges of Pharmacists that make up the Autonomous Community, pharmacists who are collegiate in any of these chambers provincial councils and to be proposed by the majority of the members of a Board of Directors Government of those.
    For section members may be candidates in addition to the Members of the corresponding chamber sections, any collegiate pharmacist who practices the profession in the mode of exercise that represents the section with a year-old at a minimum.

    No candidate shall have been subject to disciplinary sanction, for gross misconduct, nor disqualification by final judgment, for the exercise of the profession or public office.

    3. They will be electors for the Vocalias corresponding to the Autonomous Communities Presidents of the Official Colleges of Pharmacists that make up the respective region or people they delegate to. In uniprovincial communities they will be members of the Governing Board of the Official Colleges of Pharmacists Respective.

    For the Sectional Vocals, all representatives of the respective Sections of each of the Official Colleges of Pharmacists.

Two. Transitional provision.

Vacancies in the period between two successive elections will be provided in accordance with the following procedure.

  • a) The positions of President, Vice-President, Secretary, Treasurer and Accountant are will be covered by the election of the position that produces the vacancy, at the Assembly of Presidents to this end will be convened by the plenary session of the General Council, under the rules the above-mentioned plenary approves in each case, serving as the basis for these rules, previous regulatory renewal.
  • b) When vacancies occur in Section or Autonomous Vocalias, shall proceed to convene, within the month following the vacancy, the election of that representative in plenary, in ac acfinding with the rules that governed in the immediate renewal of the Council plenary.
  • c) The positions thus covered shall be held for as long as this election has been until the first regulatory renewal even if that charge does not correspond to the vacar.

Three. Absences from the President.

In cases of absence from illness, displacement or any other cause, the President of the Council will appoint the senior Vice-President in collegiate to replace you with the time that absence measures.

Article 7. Within the General Council, a To be composed of the President, the three Vice-Chairmen, the Secretary, treasurer and accountant. Also, at every regulatory renewal of the plenary General Council and at the first session that this body holds will be appointed the Members specified in subparagraph (b) of the fourth article, and of the Vocals Section, referred to in subparagraph (c) of the same article, and may not exceed those of four, nor these of two members.

Article 8. The Permanent Board will be in charge of implementing Council agreements and to resolve the procedural and urgent matters, becoming aware of the resolution adopted to the plenary session of the Council. The Board Permanent will meet at least once a month and carry its book of minutes Corresponding.

Article 9. The costs incurred on Council members for their attendance at the plenary and permanent meetings will be satisfied council treasury. It will also pay the expenses incurred to the Directors when they move out of the place of their residence, by agreement of the Permanent or by order of the President of the Council.
The President and the Secretary of the Council shall receive, in order to meet representative costs, an annual amount that the plenary agrees, and which cannot exceed, for each of 2.50 per 100 of the Council’s regular revenue budget. Also the Treasurer will receive the sum agreed by the Plenary as a bankrup note, which may not exceed that consigned to the President and Secretary.

Article 10 . From the President. He shall preside over the meetings of the Permanent, the Plenary and the Assembly; authorize with your signature all official communications, reviewing correspondence when it deems appropriate, and will act in all kinds matters in which the entity is to intervene, and may delegate to any Vice-President, and set the agenda of each Board; will carry in full and with all breadth the Council address. As a representative of the latter, you may grant, in accordance with article (f) of the corresponding mandate in favour of Prosecutors, to litigate rights or exercise actions of any kind than the Pharmaceutical class Affect.

Article 11. Vice Presidents. They will replace the President in the cases referred to in Article 6(3), following the prelation indicated in it by order of seniority in the collegiate.

Article 12. The Treasurer. He will keep the Council’s accounting with the necessary auxiliary staff and will guard their funds.

Article 13. The Accountant. He will confront and sign the books Accounting jointly with the Treasurer and will replace the treasurer in the event of absence or disease.

Article 14. From the Secretary. You will be responsible for drafting and signature of documents, mailing, archiving, affiliate registration, legislative and administrative provisions drafting minutes, and will monitor the the Secretariat’s office, bringing to the attention of the Board the irregularities you observe. It will propose to the latter the appointment, replacement and dismissal Secretariat staff, prior to compliance with the formulas to be taken. Place.

Article 15. Vocals. Those elected as representatives sections will be responsible for the study of the matters corresponding to them, and shall report in writing of the resolutions they propose. They will also report written matters entrusted to them by the Presidency or the Secretariat. The rest of the members will be in charge of the Commissions, sections or work entrusted to them by the Presidency. In case new sections were created, the President shall appoint the vowel to lead them, until their regulatory provision.

Article 16. The responsibilities of the Board of Directors are:
First. Comply with and enforce the Council’s Regulations and agreements.
Second. Resolve any doubts that may arise about the interpretation of the present Regulations and on cases not provided for therein.
Third. Appoint and separate employees who provide their services to the Council.
Room. Impose the sanctions that this Regulation determines in its title Room.

Article 17. The representation of the Council in any body, has it by the President, who, in the event of not being able to attend, will delegate it to vice-presidents, and if they did not reside in Madrid, the member Of the Directive to which the President delegates. In the event that the Council more than one representative, in addition to the President, will be appointed by the Permanent, to which they will give account of their performance.

Article 18. It is up to the General Council of Pharmaceutical Colleges convene and organize General Assemblies of Colleges. Attendance at these Assemblies compulsory for all chambers, which may send up to two representatives; one will necessarily be the President or who represents him, and another, freely appointed by the respective College Board itself They will have a voice in the Assembly the two representatives but only the President or who will vote has been representing him. These Assemblies shall be governed by the rules that in each case Agrees on the Council and will not deal with more matters than those included in the call, where there will necessarily be a turn of pleas and questions. The call for these Assemblies, on the agenda, will be held one month in advance.

These Assemblies shall be held at least once every three years.

TITLE III

SOCIAL FUNDS

Article 19. The Council will formulate its regular budget annually income and expenses. This budget will cover the Council’s own purposes with the following income: college fees, in proportion to the number of chamberchildren previously attached and previously fixed by the Council for each of them; sale of forms; prescription copy books; narcotics registration; guarantee seals interest on securities, assets or government securities: donations, etc. As for the expenditure, the costs of the Council shall be allocated for the functioning of the Council.

The Treasurers of the Colleges will be obliged to turn to that of the General Council the general assembly of the Official Colleges of Pharmacists, to each of these Colleges and within the time limits also determined by the Assembly. They will also be required to send, at the end of each quarter, a relationship nominal affidavit of registered chamberchildren.

On a proposal from the Treasurer, the Council will approve the transfer of funds from a chapter to another of this budget.

Without prejudice to the above, the amounts unpaid by the Colleges can be taken into account by the courts, with the debtor College answering any expenses resulting from this procedure or any other proceedings that are en established.

Article 20 . At the end of each annual financial year, the Treasurer will present, for consideration and approval by the Council, the detailed accounts and the settlement from the previous budget. In his day he will find out the Assembly.

Article 21. Social funds, except for the amount the Treasurer you have to have in your possession, you’ll be in the current account at a bank facility, from which they may be withdrawn in whole or in part with the signature of the Treasurer and the Joint President.

If the plenary is deemed appropriate, the surplus may be reversed in State values, any other kind of securities or real estate.

TITLE IV

FAULTS AND SANCTIONS

Article 22. The General Council of Colleges will issue rules mandatory for the march of the Official Colleges of Pharmacists and non-compliance, omission or delay in execution will be considered a failure of them.

Article 23. Faults may be considered as minor and as a depending on the significance that the Council could function for the normal functioning of the Council whose significance and qualification will be determined expressly by the Board Directive in each case.

Article 24 . Minor offenses may be punished:

  • a) With the simple warning, so that the fault committed is not incurred again.
  • b) With private reprimand.

Recidivism in minor offenses may be considered serious when the Board that’s how he remembers it.

Article 25. Serious misconduct may be punished:

  • a) With the public warning, which will be recorded in the book of records of Corporation, realizing the College reprimanded.
  • b) With the dismissal of all or part of the Board of Directors of the College that has disqualification, if appropriate, from being elected for the purposes of as long as you remember.

Article 26. The Council will understand in the related resources with the denial of entry of pharmacists applying for chambering, as well as in appeal cases that are promoted against sanctions and fines imposed by the Chambers. Resources will be processed, through the Colleges the amount will be credited, and in the event that the penalty is pecuniary, the amount in the General Deposit Box or its Branches, available to the Council, the security of such a deposit must be attached to the application.

Article 27. The Council’s ruling may be appealed in the last Ministry of the Interior which will ultimately be resolved. The deadline appeals is fifteen business days from notification of the judgment, warning the sanctioned of its right to bring of the remedy and time allowed to that purpose.

TITLE V

REFORM OF THE REGULATION

Article 28. The Board of Directors, when it deems appropriate to the interests of the class, may propose to the Assembly the reform of all or regulation, and once sanctioned by this Regulation, it shall subject it to the Superiority for approval.

TITLE VI

OF THE SECTIONS OF TITULAR PHARMACEUTICALS, ANALYSTS, TECHNICAL DIRECTORS OF WAREHOUSES DRUGS, PHARMACEUTICAL SPECIALTY LABORATORIES AND HOSPITAL PHAR

Article 29. Within the General Council of Official Colleges Pharmacists are constituted sections of Puppet Pharmacists, Analysts, Technical Directors of Drug Warehouses, Pharmaceutical Specialty Laboratories and Hospital Pharmacists, whose faculties and duties will be those who mark their respective internal regulations, which will be obliged to make and to submit to the Council, in accordance with Article 3(g) of Article 3. Regulation.

The Colleges will monitor for the management of chamberchildren near the are made through the Provincial Sections of the Colleges, which will raise the problems for those raised to the Council for its resolution, when Proceed.

Article 30. The titular Pharmacists will send, within the first quarter of each year, to the respective Section of the College to be attached, a duplicate report of the work carried out in the previous year, the Section of which forward a copy of that Report to the relevant Council for its knowledge and file in it.

TITLE VII

FROM THE «COUNCIL INFORMATION BOX»

Article 31. The General Council will publish a ‘Newsletter’, a sections that require the varied needs of the class Profession.

Article 32 . The Directorate of the Bulletin will be assumed by the Board of Directors Directive, and by his delegation by the Permanent. The Administration will be by the Treasurer of the Council.

Article 33. All Official Pharmaceutical Colleges will have in the ‘Newsletter’, preferably, of the space necessary for the publication of excerpts from their records, circulars, calls, etc., as long as they allow the original urgent of each issue.
They will also have the convenient space, with equal limitation, the Council.