The General Council of Ordem dos Médicos Dentistas, held on 16 December 2017, in accordance with art. 50(3)(f) of the Bylaws of Ordem dos Médicos Dentistas (BOMD), approved by Law no.110/91, dated 29 August 1991, as amended by Law no. 124/2015, dated 2 September 2015, acting unanimously, adopted the Rules on Registration with Ordem dos Médicos Dentistas, laid down by the Board of Directors of Ordem dos Médicos Dentistas, in accordance with art. 59(1)(j) of the BOMD:
Art. 1
Registration and the practice of dentistry
1. The practice of dentistry and the use of the professional title of dentist require mandatory registration with OMD, as set forth by art. 10 of the BOMD, except for the freedom to provide services by dentists legally established in a different member state of the European Union or of the European Economic Area, in accordance with the BOMD and with art. 10 of these Rules.
2. In compliance with the BOMD, registration with OMD shall be permitted only to holders of appropriate academic degrees – whether a pre-Bologna-process bachelor’s degree (licenciatura), or a joint master’s degree -, awarded by a Portuguese higher education institution, as well as to those whose foreign degrees have been found equivalent or whose professional qualifications have been recognised, and also meet the requirements for registration as defined both in the BOMD and in these Rules.
3. Registration and membership in OMD, and consequently the practice of dentistry, shall also be permitted to both professional dental limited companies and permanent delegations in Portugal of dental associations established under the terms defined in the BOMD, provided that they also meet the additional registration requirements laid down in the bylaws and in the specific regulation for the creation and operation of professional limited companies, as described in article 11 of these Rules.
Art. 2
Application and registration form
1. Registration application and all other necessary forms are available for download in OMD’s official website, as well as handed out in paper format in the head office of OMD or in any of its delegations
2. The registration application shall be addressed to the Board of Directors, together with the appropriate registration form, depending on whether the applicant is a single natural person or a juridical person, which must be correctly filled in and must enclose all the documents required under the terms of these Rules, notwithstanding other further information and documents that may be considered necessary in accordance with the law.
3. Both the application and the registration form are mandatory documents for registration with OMD, the contents of which shall be the sole responsibility of the applicant, who shall ensure that the information provided is true and correct.
4. The registration form shall be used as the applicant’s professional record in OMD and must contain all the relevant general information.
5. Preferably, the application and all complementary documents shall be submitted in digital format through electronic data transmission, by uploading them in OMD’s official website or sending them by email to the email address provided by OMD.
6. The previous paragraph shall not prevent the applicant from handing in his/her application in paper format, either in OMD’s head office or any of its delegations, regardless of the applicant’s place of residence.
Art. 3
Privacy and processing of personal and professional data
1. Without prejudice to the provisions of the previous article and notwithstanding the documents required by these Rules and in compliance with the law, the registration application must include the applicant’s authorisation regarding the processing of his/her personal and professional data, collected through a data gathering form provided for that purpose.
2. For the purposes set forth in the previous paragraph, in accordance with the applicable legislation, the applicant’s, or data subject’s, consent shall be a freely given, specific, informed and explicit indication of his/her wishes, by which (s)he accepts the processing of his/her data.
3. Specifically for the registration of dentists with OMD, the following data shall be collected, lest registration should be denied: personal identification information, contact information and academic/professional data.
4. Personal and professional data shall be used by OMD only for the purposes specified in the data gathering form and with the applicant’s consent, such as research and statistical surveys concerning the profession of dentistry, conducted within the scope of competencies and powers legally established in the BOMD.
5. OMD may use the data for communications with the respective subjects, in accordance with the law and the regulations, and shall only supply those data to third parties when the data subject has given his/her express written consent.
6. OMD shall adopt and implement a Privacy Policy in order to ensure compliance with the legal obligations arising from data collection and processing, particularly in what concerns the use of OMD’s official website and embedded services.
7. Following the enforcement of the General Data Protection Regulation in 2018 (Regulation (EU) 2016/679 of the European Parliament and of the Council, dated 27 April 2016), appropriate control procedures shall be adopted regarding the internal security of all files, in compliance with the terms of that Regulation and with other applicable rules and regulations, including those that may replace them in the future.
Art. 4
Preliminary proceedings
1. OMD’s secretariat shall analyse all the documents submitted by the applicant and, if the requirements are properly fulfilled, forward them to the Board of Directors.
2. OMD’s secretariat shall formally acknowledge the reception of the application once the corresponding fee has been paid.
3. The Board of Directors may require any additional documents or information, as well as make the necessary and proper inquiries, in order to confirm the veracity of the facts described in the documents submitted by the applicant.
4. The application shall not be accepted if the form is incomplete or incorrectly filled in, of if any required documents are missing.
Art. 5
Date of registration
1. The date of registration shall correspond to the date when the applicant’s registration is approved by the Board of Directors, in compliance with article 59(1)(k) of the BOMD and with these Rules.
2. The date of registration shall be the only official date to commence the legitimate professional practice of dentistry.
Art. 6
Professional name
1. The applicant’s professional name shall be made up of parts of his/her birth name.
2. When choosing his/her professional name, the applicant shall submit three options in the order of his/her preference; the professional name approved by OMD must not coincide or be confusable with that of a previously registered dentist, unless such coincidence is absolutely unavoidable.
3. If identical or confusable professional names are registered by mistake or for any other reason, priority of registration shall prevail, and the dentist with the more recent registration shall be notified and requested to change his/her professional name.
4. In the cases described in the two previous paragraphs, the applicant or dentist in question shall be given a period of eight days to put forward a new proposal with three different professional names for possible registration; should the applicant or dentist fail to do so, (s)he shall be registered under his/her full birth name.
5. Any dentist may request the change of his/her professional name, in which case a new professional practice license will be issued after payment of the corresponding fee, as established in the OMD table of charges and fees currently in force.
6. The provisions of this article shall also be applicable in the case of a new registration by a former member, regardless of his/her motives to do so.
Art. 7
Practice of dentistry in Portugal by holders of academic degrees issued by a Portuguese higher education institution
The registration application submitted by holders of a pre-Bologna-process licenciatura or of a joint master’s degree awarded by a Portuguese higher education institution, depending on whether the degree was obtained before or after the enforcement of Decree no. 74/2006, dated 26 March 2006, as amended by Decree no. 115/2013, dated 7 August 2013, must include the following documents, regardless of the applicant’s nationality:
a) plain photocopy of the applicant’s ID, showing his/her nationality;
b) original, or authenticated copy of the transcript of records of the licenciatura or joint master’s degree;
c) criminal record or equivalent document, issued less than three months previously by the Portuguese State and, if other, by the applicant’s birth country;
d) plain photocopy of the applicant’s tax card, unless the ID mentioned in paragraph a) already includes the applicant’s tax number, or a certificate of tax domicile in Portugal if the applicant does not have a tax card;
e) when necessary, valid entry visa in Portugal, suitable for registration with OMD, or Portuguese residence permit;
f) two colour passport size photographs, with light, even background.
Art. 8
Practice of dentistry in Portugal by professionals from EU or EEA member states, holding degrees obtained in countries other than Portugal
1. The registration of professionals from EU or EEA member states who have obtained their degrees in countries other than Portugal shall be granted after recognition of their professional qualifications, in accordance with Law no. 9/2009, dated 4 March 2009, as amended by Law no. 26/2017, dated 30 May 2017, which establishes automatic recognition depending on compliance with the basic training criteria defined for the practice of dentistry.
2. The previous paragraph shall not affect existing reciprocity agreements regarding the degrees obtained by EU or EEA citizens outside the European Union or the European Economic Area, which are not recognised in accordance with the following paragraph.
3. The recognition of the qualifications obtained by professionals from EU or EEA member states in countries other than those of the European Union or the European Economic Area, and already recognised by another EU member state or by a country that is a contracting party to the Agreement on the EEA, shall comply with the above-mentioned Law no. 9/2009, dated 4 March 2009.
4. For the recognition of the professional qualifications described in the previous paragraphs, the registration application detailed in article 2 must enclose, in addition to the documents listed in article 7(a)(c)(d)(e)(f), documentary evidence showing that the applicant holds a diploma or degree as required for the practice of dentistry.
5. The registration of professionals meeting the criteria specified in this article shall also depend on proof of the necessary language skills for the practice of dentistry in Portugal, as prescribed by article 10(6) of the BOMD and by article 48 of Law no. 9/2009, dated 4 March 2009.
6. Professionals applying for registration with OMD in accordance with the previous paragraphs, who provide services as employees, self-employed professionals, partners or managers in a professional organisation based on the home member state, must identify that professional organisation in their applications, as established by article 37 of Law no. 2/2013, dated 10 January 2013.
7. All documents which have not been issued by the Portuguese State must be authenticated and, if written in languages other than Portuguese or English, translated into Portuguese, as prescribed by article 9(5).
Art. 9
Practice of dentistry in Portugal by holders of foreign academic degrees
1. Holders of foreign degrees in dentistry may register with OMD and practise dentistry in Portugal, as long as equivalence is granted to one of the academic degrees mentioned in article 7 these Rules, under the terms of article 10(2)(c) of the BOMD.
2. As proof of equivalence of the professional qualifications referred to in the previous paragraph, the registration application detailed in article 2 must enclose, in addition to the documents listed in article 7(a)(c)(d)(e)(f), the following documents:
a) a certificate attesting the equivalence of the foreign degree used to apply for registration in accordance with paragraph 1, issued under the terms of Decree no.283/83, dated 21 June 1983;
b) if the applicant is already registered in the home country’s dental association, a certificate issued by that association, attesting the applicant’s registration, his/her professional and moral integrity, his/her legal capacity to practise dentistry without restrictions and the absence of any disciplinary measures against him/her.
3. The registration of third-country nationals whose qualifications have been obtained outside Portugal and comply with the terms of paragraph 1 shall also depend on the guarantee of reciprocity of treatment, which may take the form of an international convention or treaty, including, if necessary, a written convention or agreement held between OMD and its counterpart in the applicant’s home country, which shall detail the applicable reciprocity conditions.
4. The registration of holders of foreign degrees, as dealt with in this article, shall also depend on proof of the necessary language skills for the practice of dentistry in Portugal, as prescribed by article 10(6) of the BOMD and by article 48 of Law no. 9/2009, dated 4 March 2009.
5. All documents which have not been issued by the Portuguese State must be authenticated and, if written in languages other than Portuguese or English, translated into Portuguese, as prescribed by the applicable legislation.
5.1 Translation into Portuguese of the following documents shall be mandatory:
a) original or authenticated copy of the transcript of records of the licenciatura or joint master’s degree, as applicable;
b) criminal record or equivalent document, issued less than three months previously by the applicant’s birth country, to be submitted in addition to that issued by the Portuguese state;
5.2 Without prejudice to the provisions of the previous paragraph, if the documents required under the terms of paragraph 5.1(a)(b) do not allow, due to their imprecise or ambiguous contents, for a thorough analysis of the application, the Board of Directors shall require the applicant to provide, within the following 10 days, the necessary and appropriate documents to clarify those issues, including their translation into Portuguese, should they not be written in Portuguese or English.
5.3 For the purposes of the provisions of paragraph 5.2, the documents listed in paragraph 2 of this article are considered necessary and appropriate.
Art. 10
Freedom to provide services
1. The occasional and sporadic practice of dentistry in the Portuguese territory by professionals legally established and regularly practising dentistry in another EU or EEA member state is permitted on the basis of freedom to provide services, as regulated in Law no. 9/2009, dated 4 March 2009.
2. Should a professional provide services in Portugal under the terms described in the previous paragraph as employee, self-employed professional, partner or manager of a professional organisation based in his/her home member state, (s)he must inform OMD of the organisation’s identity on behalf of which those services are being provided.
3. For the purposes of the preceding paragraph, the provisions of article 5 of Law no. 9/2009, dated 4 March 2009, must be fulfilled, regarding the service provider’s declaration prior to his/her move.
4. The practice of dentistry under the terms described in this article shall not be subject to the payment of any fees or dues.
Art. 11
Registration of dental limited companies and of permanent delegations of dental organisations
1. Dentists established in Portugal may practise the profession collectively, by setting up or becoming partners in professional dental limited companies, as established by article 16 of the BOMD and by the specific applicable regulation.
2. The limited companies mentioned in the previous paragraph must be registered in OMD, regardless of the mandatory individual registration of each dentist belonging to them.
3. All dental limited companies, including the delegations of dental organisations, created in compliance with the legislation in force in another EU or EEA member state, may register as OMD members under the terms of the BOMD and of the specific regulation governing dental limited companies created in accordance with the Portuguese legislation.
4. In order to become members of OMD, all dental organisations created in compliance with the legislation in force in another EU or EEA member state may register their respective permanent delegations in Portugal and shall be considered as equivalent to dental limited companies, in accordance with the BOMD and the applicable regulations.
5. The permanent delegations mentioned in the previous paragraph shall be governed by the same legal framework set forth in the provisions regulating the creation and operation of professional limited companies.
6. The analysis and acknowledgement of reception of the application shall take place after the corresponding fee has been paid up, in accordance with article 21(1) of these Rules.
Art. 12
Professional liability insurance
1. In accordance with the BOMD, practising dentists must subscribe a professional liability insurance.
2. Each dentists shall subscribe his/her own liability insurance, choosing an insurance policy according to the nature and degree of risk, which may be extended to provide additional liability coverage.
3. The additional liability coverage mentioned in the previous paragraph shall also be mandatory if the insurance subscribed by a dentist established in another EU or EEA member state provides no coverage or only partial coverage for his/her practice in Portugal.
4. For the purposes of the previous paragraph, confirmation of registration with OMD shall depend on documentary evidence, submitted by the applicant, proving professional liability coverage in Portugal, namely insurance policy or certificate subscribed or valid in the member state of establishment, in compliance with article 38(3) of Law no. 2/2013, dated 10 January 2013.
5. Documents not written in Portuguese or English must be translated into Portuguese.
Art. 13
Refused membership or registration and provisional registration
1. Any dentist convicted of practising without a licence shall be denied membership or registration for five years following the date of the unappealable judgement against him/her.
2. Should there be substantial evidence, as examined by the Board, of the illegal practice of dentistry, without a judgement having been rendered in accordance with the previous paragraph, the applicant’s registration shall be authorised on a provisional basis, pending the final decision on the case.
3. Applicants with provisional registrations must pay all OMD dues and fees in force, which shall not be refunded if the registration is eventually refused.
4. Should the applicant be acquitted, his/her provisional registration shall be accepted as a final registration; in the case of a conviction, registration shall be refused under the provisions of paragraph 1.
5. At the end of the five-year period mentioned in paragraph 1, a new application may be submitted, which may be refused or authorised on a provisional basis in accordance with the previous paragraphs, should there be sufficient grounds for such decisions.
6. An applicant with a provisional registration shall not be provided with a licence, but with a limited membership declaration issued by the Board of Directors, the contents of which shall include the applicant´s ineligibility for clinical director jobs as long as legal proceedings are under way.
7. Both refused and provisional registrations must be justified on the grounds of the provisions of the previous paragraphs, and notification must be sent to the applicant, who shall be given a ten-day period to protest before the Board’s decision is adopted.
8. The Board’s decision mentioned in the previous paragraph is subject to appeal before the Ethics and Professional Conduct Committee, in compliance with these Rules and with the BOMD.
Art. 14
Final registration
1. After the examination of the application shows that there is no impediment to the registration, the Board of Directors authorises the final registration, which shall be duly recorded.
2. Once the final registration is authorised, a dental practice licence shall be correctly filled in and issued to the applicant, in compliance with the next article.
Art. 15
Dental practice licence
1. The practice licence issued by the Board of Directors shall be delivered to the dentist as proof of his/her membership in OMD.
2. Whenever necessary, practising dentists shall make proof of their registration with OMD by showing a valid practice licence.
3. As a rule, dentists’ licences are valid for five years, though in certain cases they may be issued with a different expiration date, should the Board find it justifiable to do so.
4. The practice licence must contain:
a) the name of «Ordem dos Médicos Dentistas» and its respective logo;
b) the holder’s professional name, if shorter than his/her full name, used for the practice of dentistry;
c) the holder’s digitised signature, as used for the practice of dentistry;
d) the digitised signature of the President of OMD;
e) the date of registration with OMD;
f) the expiration date;
g) the practice licence number, corresponding to the registration number;
h) the holder’s digitised photograph;
i) OMD digitised official stamp;
j) the holder’s dental specialty, if any.
5. The dental practice licence may contain an electronic chip or a similar device, used for data storage regarding the holder’s registration and other useful information related to the practice of dentistry.
Art. 16
Licence renewal
1. When the practice licence of a fully registered dentist expires, the Board shall issue and send a new licence to the holder, who must return the expired licence.
2. The previous paragraph shall not prevent the dentist from requesting the change of his/her professional name or from updating his/her photograph and/or signature, by applying for a licence renewal at any time and sending, if applicable, a new colour passport size photograph.
3. For the purposes of the previous two paragraphs, the licence renewal shall require the payment of a fee, in accordance with the OMD table of charges and fees currently in force.
4. Notwithstanding the provisions of the previous paragraph(s), failure to immediately return the expired licence shall not prevent the new one from being issued and handed out.
5. Should there be any specific impediment to the holder’s registration renewal, his/her practice licence shall not be renewed.
6. In the event of theft, loss or destruction of the dental practice licence, the holder must request a duplicate through an application addressed to the Board of Directors, in which (s)he must provide all the and relevant information and clarification, as requested.
7. For the purposes of the previous paragraph, the duplicate licence shall require the payment of a fee, in accordance with the OMD table of charges and fees currently in force.
8. When a new registration takes place after a deregistration period, a new practice licence shall be issued.
9. When a new registration takes place after a suspension or deregistration period, a new practice licence shall be issued if the original licence has expired.
10. After analysing the application for licence renewal, the Board of Directors shall authorise its renewal or the issue of a new or duplicate licence, by giving due notification and writing the necessary remarks and endorsements.
11. The new licence application must be formalised by handing in the appropriate application form, as well as a colour passport size photograph and, if possible, the expired or damaged licence.
12. In the cases described in paragraphs 8 and 9, the holder must hand over his/her practice licence.
13. Should the applicant be unable to meet the requirement of the previous paragraph, (s)he must sign and hand in a written declaration, providing proper justification for that fact, as well as provide all the required information and documentary evidence.
Art. 17
Licence relinquishment
1. Dentists whose registrations have been suspended or removed from the register must hand over their practice licences within a thirty-day period following the notification date, without prejudice to the provisions of the next paragraph.
2. In the event of voluntary suspension or deregistration, the holder must hand over his/her licence together his/her request, lest it should be denied.
Art. 18
General obligations arising from registration
1. In addition to those specified in the BOMD, the regulations and other applicable legislation with which they must comply, dentists registered in accordance with these Rules must fulfil the following obligations:
a) keeping OMD updated regarding their registration data, such as professional address, and communicating any change of address or place of business, retirement from practice and any circumstances preventing them from practising dentistry for periods over two months, as well as all the relevant information for OMD to fulfil its duties;
b) paying their fees and other charges on time;
c) keeping abreast of ethical, technical and scientific matters, by attending a minimum number of continuing education activities, as set by OMD.
2. All communication between OMD and its members shall comply with the provisions of article 22 of the BOMD and with these Rules.
3. The change of the dentist’s professional address or place of business, as well as any other fact that might alter the records stored in the members area of the OMD website, shall be communicated to the Board of Directors, within the following thirty days.
4. For the purposes of the previous number, members may update their personal or professional data themselves, by logging in to the members area of the OMD website using their user ID and password.
5. The previous paragraph shall not prevent members from notifying OMD in writing, through traditional or electronic channels, as long as they provide the sender’s proper identification.
Art. 19
Fees
1. In order to become and be a registered dentist, dentists must regularly pay a fee, as set by OMD.
2. The following shall be exempted from the payment of fees:
a) newly graduated dentists, for a period of twelve months following the date of their graduation;
b) dentists on parental leave, for the duration of that benefit;
c) dentists over 65 years of age, provided they have been registered for more than ten years.
3. The previous paragraphs shall not prevent the Board of Directors from analysing and approving justified requests for fee exemption on a case-by-case basis, even if other than those listed above, provided those requests are supported by proper documentary evidence.
4. All requests for fee exemption, except for that of paragraph 2(a), shall be addressed to the Board of Directors, within thirty days following the fact giving rise to the request, and enclose documentary evidence attesting to that fact.
5. Fee exemption shall only become effective after authorised by the Board of Directors, except when the Board decides to apply it retroactively, in compliance with the general administrative procedure.
6. When authorised, the fee exemption shall be notified to the applicant.
7. No payment of fees shall be due in the month when:
a) the dentist’s registration takes place;
b) the dentist’s deregistration period comes to an end.
8. The payment of fees shall be due for the month in which voluntary or compulsory licence suspension or removal from the register takes place.
Art. 20
Time and method of payment
1. Monthly fees shall be paid up until the last day of the respective quarter; for that purpose, a payment notice / receipt shall be sent to all registered dentists.
2. The above-mentioned payment notice / receipt shall be sent by email whenever possible, or, if not, by postal service.
3. When requested by a member, the Board of Directors may authorise staged payment of overdue fees.
4. Authorised payment methods include, but are not limited to:
a) cash, cheque or ATM, in OMD head office and delegations;
b) cheque or postal order mailed to OMD head office or delegations;
c) ATM transfer, wire transfer or direct debit.
5. The Board of Directors may establish additional payment methods.
Art. 21
Charges and dues
1. Documents issued and administrative formalities carried out under the terms of these Rules shall be charged according to the OMD table of charges and fees currently in force.
2. The charges and dues mentioned in the previous paragraph shall also be applicable to re-registration and registration renewal, when resulting from:
a) deregistration;
b) voluntary suspension not complying with the terms of article 23(4) of these Rules; or
c) administrative deregistration.
Art. 22.º
Registration remarks and endorsements
1. The following remarks and endorsements shall be recorded in members’ individual records:
a) the passage from provisional to final registration;
b) deregistration, indicating the reason or fact giving rise to that decision;
c) suspension of the registration, including the same notes as above;
d) administrative deregistration, including the same notes as above;
e) any disciplinary action administered after reaching a final decision;
f) termination of the suspension period, indicating the reason or fact giving rise to that decision;
g) the member’s current and former positions held in OMD;
h) the member’s dental specialty degrees granted or as recognised by OMD;
i) changes of professional address, place or business or any other relevant fact, if these have not been entered by the member by logging in the members area of the OMD website.
2. Registration certificates shall not contain references to disciplinary actions, except when a full transcript is requested by the member or demanded by the Board of Directors or the Ethics and Professional Conduct Committee.
Art. 23
Registration suspension
1. Registration shall be suspended to those members who:
a) intend to temporarily interrupt the practice of dentistry and therefore request their suspension to the Board of Directors;
b) persistently fail to pay their fees, resulting in suspension as a disciplinary action;
c) have demonstrably aided and abetted the practice of dentistry without a licence or proper qualifications, upon resolution by the Board of Directors;
d) have been effectively suspended as a result of a disciplinary action;
e) have been preventively suspended in the course of a disciplinary action, after being notified of the unappealable resolution by the Ethics and Professional Conduct Committee;
2. The request mentioned in paragraph 1(a) must be justified and sent together with the member’s practice licence by any means allowing for the applicant’s identification.
3. Once authorised, the suspension requested under the terms of paragraph 1(a) shall be notified to the applicant, indicating the date when it becomes effective, which shall coincide with the date of its reception, except for the cases mentioned in paragraph 4 of the following article.
4. The suspension period requested under the terms of paragraph 1(a) shall not be shorter than twelve months, except for cases specifically justified and authorised by the Board of Directors.
5. The suspension shall be justified according to the provisions of paragraph 1, following mandatory written hearing of the person concerned, except when this stage of the procedure may be omitted in compliance with the requirements of the Code of Administrative Procedure.
Art. 24
Suspension effects
1. Dentists whose registration has been suspended may not practice dentistry or use the title of dentist.
2. During the suspension period, the person concerned shall continue subject to the disciplinary jurisdiction of OMD.
3. Notwithstanding the provisions of article 19(8), no monthly fees are due during the suspension period.
4. The decision to suspend a member’s registration shall only become effective after the latter has been duly notified by the Board of Directors; suspension shall not be applied retroactively, except when otherwise specified by the Board of Directors, in accordance with the general terms of administrative procedure.
5. The suspension of a member’s registration shall be published in accordance with the terms of the BOMD and of other applicable rules.
Art. 25
End of the suspension period
1. A dentist’s suspension of registration shall be lifted by the Board of Directors in the following cases:
a) As for article 22(1)(a), upon request by the applicant who intends to resume the practice of dentistry;
b) As for article 22(1)(b), upon request by the applicant addressed to the Board of Directors, as well as full payment of overdue fees;
c) As for article 22(1)(c), when the body which determined the suspension decides on its termination;
d) As article 22(1)(d)(e), at the end of the period of suspension.
2. The end of the suspension period, under the terms of the previous paragraph, shall depend on compliance with the duties established by article 20 of the BOMD, particularly line m) of that article.
Art. 26
Administrative deregistration
1. Registrations suspended for over a three-year period shall be subject to administrative deregistration after hearing the person concerned.
2. Deregistered dentists may not practice dentistry or use the title of dentist.
3. Deregistered dentists under the terms of the previous paragraph who intend to resume the practice of dentistry must apply for registration through a request made to the Board of Directors.
4. For the purposes of the request mentioned in the previous paragraph, the applicant must:
a) comply with the minimum standards of continuing education activities set by the specific applicable regulation;
b) hand in a sworn declaration stating (i) that (s)he has not practised dentistry during the suspension period, either in Portugal or abroad, and (ii) should the dentist be registered with a dental association in his/her home country or in any other country where (s)he has practised dentistry, that no disciplinary action has been taken against him/her in that period;
c) submit three options for a professional name, in the order of his/her preference, none of which shall be approved by OMD if identical or confusable with those of previously registered dentists;
d) update the information recorded in his/her registration.
5. Should the request be accepted, a new practice licence shall be issued after the payment of the applicable charges as established by OMD, as well as of all overdue fees if the suspension had been caused by the applicant’s failure to pay his/her monthly fees.
Art. 27.º
Removal from the register
1. The Board of Directors shall determine the removal from the register in the following cases:
a) after an unappealable decision has been reached to impose the penalty of expulsion;
b) upon request by a dentist who intends to cease the practice of dentistry altogether;
c) all cases set forth by the law or the regulations in force.
2. As for paragraph b) of the previous article, the dentist’s request must be sent together with his/her practice licence by any means allowing for his/her identification.
3. The removal from the register under the terms paragraph 1 shall be notified to the applicant, indicating the date when it becomes effective.
4. The removal from the register shall be justified according to the provisions of paragraph 1, following mandatory written hearing of the person concerned, except when this stage of the procedure may be omitted in compliance with the requirements of the Code of Administrative Procedure.
3. The removal from the register shall be published in accordance with the terms of the BOMD and of other applicable rules.
Art. 28
Effects of the removal from the register
1. Removal from the register prevents dentists from practising dentistry or using the title of dentist.
2. After a dentist’s removal from the register, (s)he shall be no longer subject to the disciplinary jurisdiction of OMD.
3. The provisions of the previous paragraph shall not allow a dentist to evade disciplinary responsibility for professional misconduct prior to the date when his/her removal from the register was ordered.
Art. 29
Public notice
1. In addition to all proceedings subject to public notice under the terms of the regulations, the decisions to suspend registration, challengeable through a litigious appeal, and to end the suspension period, shall be published in OMD’s official website.
2. Further to the provisions of the previous paragraph, registration suspensions and removals from the register resulting from or in the course of disciplinary actions shall be given public notice in compliance with the BOMD and the with the code of conduct currently in force.
Art. 30
Notifications and communications
1. All notifications mentioned in these Rules shall comply with the provisions of the Code of Administrative Procedure, as adapted for the purposes of these Rules.
2. Notifications shall be given:
a) in person;
b) by registered mail;
c) by email, using the email address provided by the recipient.
3. All notifications by registered mail shall be sent to the address included in the member’s record, which shall be updated according to the information provided by him/herself, in compliance with the BOMD and with these Rules.
4. The terms of the previous paragraph shall not be applied to notifications sent to those whose registrations have been refused, suspended or removed, in which cases they shall be forwarded to the last address provided to OMD.
5. As for lines b) and c) of the previous paragraph, notifications shall be considered as duly given on the date they are dispatched.
6. All communications between OMD and registered juridical persons shall be carried out through the latter’s legal representatives.
Art. 31
Registration refusal due to insufficient documents
The applicant’s failure to provide any documentary evidence, after due notification to do so, as required under the terms of these Rules, shall result in the refusal of his/her application.
Art. 32
Right of appeal
1. Notwithstanding the right to challenge or contest the decisions taken under the terms of these Rules before an administrative court, as provided by the law, all decisions of the OMD bodies may be appealed in accordance with the BOMD, as prescribed in this article.
2. The following decisions may be appealed to the Ethics and Professional Conduct Committee:
a) refusal of registration applied for under the terms of these Rules;
b) registration suspension and refusal to lift the suspension;
c) removal from the register.
3. In compliance with article 119 of the BOMD, the appellant must file his/her appeal within eight days following the date on which the appealable decision has been notified.
4. Requests for appeal shall be delivered to the body whose decision is being challenged, but addressed to the competent appellate body, and they shall contain the proper justification, lest it should be preliminarily rejected.
5. The body whose decision is being challenged may rectify nullities, as well as correct material errors found in the appealed decision.
6. Once the appeal has been filed, the respective body shall notify the appellant of either:
a) the referral of the appeal to be reviewed by the competent body; or
b) the decision taken in accordance with paragraph 5 of this article, if applicable.
7. In order to review an appeal, the competent body shall analyse all previous issues and facts, including the respective admissibility of the evidence.
Art. 33
Time limits
All time limits laid down in these Rules shall be defined in accordance with the provisions of the Code of Administrative Procedure.
Art. 34
Transitional provisions
1. Notwithstanding the provisions of article 15(3) of these Rules, all practice licences issued or renewed before the date of entry into force of these Rules, shall be valid until January 2023.
2. Dentists whose licences have been suspended for more than three years on the date of enforcement of these Rules and who are subsequently removed from the register under the terms of article 26(1), may apply for a licence renewal without complying with article 26(4)(5) for a period of three years following the date of entry into force of these Rules.
3. For the purposes of the previous paragraph, the suspension period shall not include the suspension time resulting from or in the course of a disciplinary action, nor the periods of voluntary suspension.
4. Those dentists who have not applied for a licence renewal under the terms of article 26(2) during the three-year period mentioned in paragraph 2 and wish to do so after that deadline has expired must comply with all the requirements defined in article 26 of these Rules.
Art. 35
Entry into force
1. Without prejudice to the provisions of the previous article, these Rules shall come into force on the day following its publication.
2. These Rules shall be applicable to new registration applications, submitted after these Rules come into force.
Date: 16 December 2017
Author: Paulo Ribeiro de Melo
Position: President of the General Council of Ordem dos Médicos Dentistas