Rules of procedure for registration

INTERNAL REGULATION

In compliance with Article 44 of Law No. 44/03 of August 22nd, herein is published the full text of the Rules of Procedure for Registration of Ordem dos Médicos Dentistas, legal entity, governed by public law, No. 502 840 579, established by Law No. 110/91, of August 29th, to which its statutes are party, and amended by Law No. 82/98, of December 10th , second amendment introduced by Law No. 44/03, of August 22nd and amended by Corrigendum No. 14/03,of October 11th, headquartered at Avenida Dr. Antunes Guimaraes, No. 463 in Porto, as amended and approved by the board of directors at its meeting on October 18th 2008.

18th of October 2008 – The President, Orlando Monteiro da Silva

1

Registration and practice of dentistry

1- For the practice of dentistry, it is mandatory to be registered with the Ordem dos Médicos Dentistas (OMD).

2- In order to register, the applicant must hold a degree in dentistry issued by an institute of higher education, Portuguese or foreign. If the degree was obtained in a foreign school, it is necessary to obtain accreditation from OMD. Also allowed to register are those who hold a degree from another school and obtain accreditation from OMD, according to the legal provisions in force.

3- Registration with OMD of foreign dentists holding a degree from abroad is subject to the health coverage needs of dentists in the country and to the provisions of European law and other international agreements in force.

2

Registration date

1- The date of the decision made by the Board of Directors pursuant to this regulation is held as the registration date.

2- The registration date is the only relevant date for the legitimate exercise of the professional activity.

3

Application for registration

1- Registration is requested by the applicant to the Board of Directors by completing the application form and providing inherent documentation.

2- The application shall be delivered personally or by mail to any of OMD’s facilities, regardless of place of residence of the applicant.

3- Acceptance of the application may be denied if the form is not properly filled out or if any of the necessary documents are absent.

4

Preparatory inquiries in the application process

1- The secretariat of OMD should verify the required documentation and, if the process is properly constituted, forward it to the board.

2- Notwithstanding the preceding paragraph, and even if the application is received, OMD may always ask the applicant for any missing documents or certification of authenticity of the documents.

3- OMD can perform and require all due diligence it deems necessary and appropriate to confirm the veracity of facts stated in the documents.

5

Entry Form

1- It is mandatory to complete a form in order to register with OMD.

2- Filling out the form is the sole responsibility of the applicant, who will assure the veracity of the facts reported therein.

3- The form will also serve as a record of the professionals and information pertinent to them.

4- The form must mandatorily contain the following information:

1. Full name;
2. Gender;
3. Marital status;
4. Birth and parentage;
5. Number of identity card or other identification;
6. Tax Identification Number;
7. Date of awarding of degree and educational institution attended;
8. Desired professional name, with two alternatives to the first choice;
9. Address;
10. Professional address;
11. Address chosen for the purpose of receiving correspondence and notifications by OMD;
12. Name of surgery (ies) or practice (s) where the applicant will practice, with reference to the number of professionals who work there and the identification of the clinical director, in cases where the applicant already has such information.

6

Professional name

1- When indicating their professional name, the applicant cannot use the same name or a name similar to that of another dentist already registered.

2- If the name chosen is identical or similar to an existing one the applicant must be notified to amend it.

3- If it is found that, by mistake or for any other reason, identical or similar professional names were registered, the rule of priority of registration will be applied. Therefore the dentist with the most recent registration will be notified to change.

4- The dentist concerned should, within eight days, request the registration of a new professional name, otherwise it will be defined by the board of directors.

7

Documents to be submitted by nationals

1- The application for registration submitted by nationals, who graduated in Portugal, should be accompanied by the following documents:

1. Identity card or a copy;
2. Degree certificate and transcript or a certified copy;
3. Criminal record certificate issued within the last three months;
4. Taxpayer card or a copy;
5. Two photographs.

2- The application for registration submitted by nationals with a degree awarded in countries belonging to the European Union must include, in addition to the documents listed in No. 1, a certificate stating that the applicant holds a diploma or degree required for the practice of professional activity in the country of origin, in accordance with Directives No. 78/686 and 78/687/UE, or that he/she holds a diploma with different names from those given in these texts but in accordance with the rules of the previously mentioned directives, with amendments introduced by Directive 2001/19/EC.

3- In cases where the applicant is already registered with the professional association in the country where the degree was awarded, he/she must also submit a certificate issued by that association, certifying registration, moral and professional trustworthiness and that he/she is able to legally practice the profession without restrictions, and the absence of any disciplinary proceedings.

4- The application for registration submitted by nationals with a degree awarded in non-EU countries must include, in addition to the documents listed in No. 1, an accreditation of diploma or degree certificate issued by a Portuguese institute of higher education.

5- If the holder of the degree obtained in non-EU country has already practiced dentistry in the country where the degree was awarded, he/she must also submit a certificate issued by the national association certifying registration which states that he/she is able to legally practice the profession without restrictions, the absence of any disciplinary proceedings and moral and professional trustworthiness.

6- The above mentioned documents must be accompanied by a translation into Portuguese made ​​by a notary or authenticated by a diplomatic or consular official, when it is deemed necessary.

8

Documents required by nationals of other EU Member States

1- The application for registration submitted by nationals of EU countries with a degree awarded in Portugal should include the following documents:

a) Official identification document indicating nationality or a copy;

b) Degree certificate and transcript or a certified copy;

c) Criminal record certificate, or equivalent document issued by the country of origin and by the country where the degree was awarded, from within the last three months;

d) Taxpayer card or a copy and

e) Two photographs.

2- The application for registration submitted by nationals of EU countries who graduated in EU countries must include, in addition to the documents listed in No. 1, the following documents:

1. Certificate stating that the applicant holds diploma or degree required for the practice of professional activity in the country of origin in accordance with Directives No. 78/686 and 78/687/UE, or that he/she holds diploma in a different name to those given in these texts but in accordance with the rules of the previously mentioned directives, with amendments introduced by Directive 2001/19/EC;

1. In case the applicant is already registered with the professional association in their country of origin or in the country where the degree was obtained, he/she must also submit a certificate issued by that association, certifying registration, moral and professional trustworthiness, that he/she is able to legally practice the profession without restrictions and the absence of any disciplinary proceedings.

3- The application for registration submitted by nationals of EU countries who graduated in non-EU countries must include, in addition to those listed in No. 1 of this article, the following documents:

1. Certificate and full process of accreditation issued by a public Portuguese institute of higher education;
2. In case the applicant is already registered with the professional association in their country of origin or in the country where the degree was obtained, he/she must also submit a certificate issued by that association, certifying registration, that he/she is able to legally practice the profession without restrictions and the absence of any disciplinary proceedings.

4- If the degree awarded in non-EU country has been accredited by a member state of the EU, the board of directors shall review this diploma and training and/or professional experience acquired in that state in order to determine whether they are equivalent to those accredited in Portugal.

5- To do so, the applicant must submit the following documents, in addition to those specified in No. 1 and No. 4 point b) of this article:

1. Document of accreditation by the member state;
2. Documents proving professional practice in that member state;
3. Documents relating to further/ continuous training obtained in that member state.

6- The above-mentioned documents must be accompanied by translation into Portuguese made ​​by a notary or authenticated by a diplomatic or consular official, when it is deemed necessary.

9

Documents to be submitted by nationals of non-EU countries

1- The application for registration submitted by nationals of non-EU countries who graduated in Portugal should include the following documents:

1. Official document of identification indicating nationality or a copy;
2. Degree certificate and transcript or a certified copy;
3. Criminal record certificate, or equivalent document, issued by the country of origin and by Portugal from within the last three months;
4. Fiscal address in Portugal;
5. Entry visa for Portuguese territory, valid and suitable for registration in OMD, or residence permit, and
6. Two photographs.

2- The application for registration submitted by nationals of non-EU states who graduated in any of the other EU or in non-EU countries must include, in addition to the documents listed in the preceding paragraph, the following documents:

a) Certificate and complete accreditation process issued by public Portuguese institute of higher education;

b) In case the applicant is already registered with the professional association in the country where he/she practices professionally, he/she must also submit a certificate issued by that association, certifying moral and professional trustworthiness and the absence of any disciplinary proceedings.

3- The above-mentioned documents must be accompanied by translation into Portuguese made ​​by a notary or authenticated by a diplomatic or consular official, when it is deemed necessary.

10

Registration Fee

1- Registration with OMD requires the payment of a fee, the amount of which is decided by the board of directors, in statutory terms.

2- This obligation applies also to re-registration with OMD, subsequent to cancellation.

11

Final registration

1- The board of directors, after having verified that the application for registration is properly documented and that nothing precludes registration, decides upon final registration, which will be recorded.

2- The professional license certificate, duly completed, will be issued to the applicant.

12

Provisional registration

1- If there is evidence of illegal practice, deemed sufficient by the board of directors even without even a court decision to that effect, the registration will be admitted provisionally until rendered.

2- Upon acquittal, the registration will be converted into final registration; upon conviction, the registration will be denied in the five years following final judgment of the court.

3- After this period, the dentist may require a new registration.

4- The refusal of registration and provisional registration must be supported and the applicant notified. The applicant may appeal against such decisions.

13

Professional License

1- The professional license certificate, issued by the board of directors, shall constitute proof of registration.

2- The professional license of dentist has a general validity of five years.

3- Notwithstanding the preceding paragraph, depending on reasoned decision of the board of directors in particular cases, a different validity period from the stipulated in number two of this article may be assigned.

4- Each license certificate contains at the front, in a visible way, the validity of registration.

5- OMD will renew the validity of the professional license, and issue a new revalidated license, except when hindering circumstances preclude the renewal of the applicant’s registration.

6- In case of loss or destruction of the license the applicant must apply for a reissue, handing in one photograph. If the board of directors considers the request justified it shall issue another license, which will be recorded in the existing registration.

7- For issuance or reissuance of a license the applicant will be required to pay the fees defined in statutory terms.

8- In the case of re-registration, a new license will be issued.

9- Cancellation or suspension of registration requires the license to be returned.

14

Dues

1- The dentist’s registration with OMD is predicated on payment of dues, whose values ​​are set by the board of directors, in statutory terms.

2- Newly graduated dentists will be exempt from payment of dues for a period of six months after their date of graduation.

3- Also exempt from dues are dentists on maternity or paternity leave for the duration of the respective leave.

4- Exemption from dues should be requested to the board of directors within thirty days after the occurrence of the fact that justifies the exemption, providing proof of the reason given.

5- Notwithstanding the preceding paragraphs, the Board of Directors may consider and decide on a case-by-case basis and notwithstanding the objective causes provided earlier, once given documentary evidence of support.

6- The exemption of dues only takes effect after the corresponding decision of the Board of Directors, and always regarding the future, except in cases in which the board of directors decides to assign retroactive effect under general administrative procedure.

15

Registration Records

1- To be recorded in registration:

1. Cancellation, indicating reasons for such cancellation;
2. Suspension, with the same indication;
3. Any disciplinary penalty, after final judgment of the respective decision;
4. Lifting of suspension, indicating reasons for such;
5. The positions that the person occupies or has occupied in OMD;
6. Changes in professional address and any other relevant facts.

2- Records will be made by OMD’s secretariat.

3- Changes in professional address and any other facts which might interfere in registration must be communicated by the applicant to the Board of Directors within thirty days.

4- Registration certificates will not include records of disciplinary penalties, except when fully requested by the applicant or expressly fully ordered by the Board of Directors or by the Ethics and Professional Conduct Committee.

16

Suspension of Registration

1- Registration will be suspended:

1. Upon request by the applicant to the Board of Directors when he/she intends to temporarily interrupt the practice of dentistry;
2. For those who have been punished with suspension, or those to whom preventive suspension has been applied;
3. To those who persistently do not pay dues, upon deliberation by the Board of Directors.

2- The request referred to in point a) of No. 1 shall be justified and accompanied by their professional license.

3- Suspension of registration precludes professional practice by the dentist and exempts him/her from the payment of dues during the period of its duration.

4- The suspension period requested under point a) of No. 1 shall not be less than six months, unless special justification submitted by the applicant and approved by the Board of Directors.

5 – The effects of the decision to suspend registration can only be applied once the Board of Directors notifies the member and always regarding the future, except in cases in which the Board of Directors decides to assign retroactive effect under general administrative procedure.

17

Revocation of suspension

Suspension will be revoked:

1. According to point a) of the preceding article, at the applicant’s request, when he/she wishes to return to professional practice;
2. According to point b) of the preceding article, when suspension ends;
3. According to point c) of the preceding article, when the applicant pays dues.

18

Cancellation of Registration

Registration will be cancelled:

1. For dentists who are punished with expulsion;
2. For those who request cancelation because they voluntarily cease to practice the profession.

19

Entry into Force

This Regulation shall enter into force on the day immediately following its publication.

18thof October, 2008 – The President, Orlando Monteiro da Silva