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ende

KTTB Yasa (İngilizce)

 

 

                                                          

                                                                      Altered Version and Number 13/1976

The Law of the Turkish Medical Association

The Parliament of the Turkish Republic of Northern Cyprus approves

the following Constitution:

Abbreviation              1. This Constitution may be cited as “The Constitution of the Association of Turkish

13/1976                          Cypriot Doctors.”

     55/1977                

     74/1989

      9/1992                 

                                  

                                   Definition of              2. In this Constitution, unless otherwise indicated by the context,

                                   Certain Expressions    “Ministry” means the Ministry in charge of Health Matters.

                                   and Terms                   “Association” means the Association of Turkish Cypriot Doctors,

which is a professional foundation established by Article 3 of this Constitution,

which combines the Chamber of Turkish Cypriot Doctors and the Chamber Turkish Cypriot Dentists under one umbrella organisation.

“Dentist” denotes such a person whose qualification has been approved in accordance with Article 4 of this Constitution and who has received a diploma from an institute teaching dental medicine.

56/1989                     “Public Hospitals” denotes health institutions linked to the Law governing

45/1990                      -the Department of Institutions for In-Patient

Treatment (Principles of

17/1991                       Foundation, Duty and Operations) and the

Department of Basic Health

                 61/1992                Services (Principles of Foundation, Duty and

Operations), as well as health

                 43/1993                institutions providing health services within the

structure of other public

                 32/1997                associations and institutions in the service of health care.

     36/1998

     10/1999

     37/2000

     40/2000

     35/2001

     52/2002

     35/2003

     66/2003

57/1989

    41/1993

    33/1996

    14/1997

    13/1999

    38/2000

    41/2000

    36/2003

           

“Registered” refers to those who had registered within the legal framework before the date this Constitution came into force, and to those who registered with the Association within the framework of the rules of this Constitution.

“The Chamber of Turkish Cypriot Dentists” denotes the Chamber established in accordance with Article (3), Paragraph (2) of this Constitution.

“The Chamber of Turkish Cypriot Doctors” denotes the Chamber established in accordance with Article (5), Paragraph (1) of this Constitution.

“Consultant doctor” signifies a doctor or dentist who gives his/her opinion

and assists the attending doctor in the determination during the period of

diagnostics and treatment.

                                   “Attending doctor” signifies the doctor or dentist who looks after

                                    the patient and who is charged with his/her treatment and takes on

 the follow-up care.

                                              

                       “Chamber” signifies the institution within the boundaries of the Turkish

                       Republic of Northern Cyprus (TRNC), which is constituted by the

                       membership of professionally active doctors and dentists, consisting

                       of two separate professional sub-groups, the Chamber of Turkish

                      Cypriot Dentists and the Chamber of Turkish Cypriot Medical Doctors.

“Private Health Institutions” includes private clinics, private

dispensaries and private surgeries opened and run by natural or

juristic persons in accordance with currently valid laws.

“Health Institution” denotes the totality of public hospitals and private

health institutions.

32/1998                      “Administrative Director” is used in the sense it is employed in

    38/2002                  the Code for the Supervision of Private Hospitals, Private Clinics,

                                   Private Dispensaries and Private Surgeries.

“Branch” means the branches of the Chamber that are established

in accordance with Article (3) of this Constitution.

“Doctor” denotes a person whose qualification has been approved

in accordance with Article (4) of this Constitution and who has taken

his/her degree from an institution teaching medicine. He/she is also

known as a “physician”.

“Specialist doctor” denotes a doctor who, having received his/her degree

from an institute teaching medicine in the case of a medical doctor, and

from an institute teaching dental medicine in case of a dentist, has gone on to

specialize in a separate branch of medicine.

“Member Register” denotes the register set up in accordance

 with Article (24), Paragraph (1) of this Constitution.

Establishment             3. (1)   A Chamber of Turkish Cypriot doctors is established having its

                                   of the Association,                 centre in Lefkosa, which is made up of military and civilian doctors

the Chambers and                  who have the nationality of the Turkish Republic of Northern Cyprus

the Branches                         and are authorized to practice their profession and skills within the

of the Chambers                    boundaries of the TRNC; who practice their skills independently,

                                               or, making use of their degree, take up government or private

employment.

                                       (2)   A Chamber of Turkish Cypriot dentists is established having its

                                                                                  centre in Lefkosa, which is made up of military and civilian dentists

                                               who have the nationality of the Turkish Republic of Northern Cyprus

                                               and are authorized to practice their profession and skills within the

                                               borders of the TRNC; who practice their skills independently, or,

                                               making use of their degree, take up official or private employment.

  1. Under this Article an Association of Turkish Cypriot Doctors is established, having its seat in Lefkosa, which is associated with the Chamber of Turkish Cypriot Doctors and the Chamber of Turkish Cypriot Dentists that it is composed of.

              profession in the TRNC, and in order to work in public

             hospitals, private health establishments or any other official or

             private institution in connection with their profession, and in

             order to continue performing their duties, are obliged to register

             with the Member Registers of the Association and the associated

     Chambers, and to safeguard their membership by fulfilling the

     obligations of membership.

    Persons who are not registered with the Chamber associated

                                                    with their profession, cannot practice their profession as a doctor

     or a dentist.

            (B) Doctors or dentists who are closing down their clinic, surgery,

                  laboratory or private health establishments, or who are

       moving to different premises, are required to give written notice to

       the President of the Chamber of which they are a member within

       a period of fifteen days. 

  1. The Association is a professional establishment described as a public institution; it is a public legal persona.
  2. The Chambers, the Branch Chambers, the doctors and dentists are required to comply with the decisions taken by the Association’s bodies within the scope of their legal competence, and to comply with the published rules and regulations.
  3. Upon the proposal of the Board of Directors, or at the request of the members practicing medicine in the administrative districts, and dependent on a decision of the General Assembly, the Chambers may set up a Branch Chamber in the district, if this is deemed appropriate or in case of demand. It may form specialist committees to work in areas yet to be determined.

                The principles of the duty, authority and operations of the

       projected Branch or Committee, are defined by the General Assembly

       within the framework of the rules of this Constitution.

“Types of Membership,        4. There are four types of membership to the Association and the

Properties and Conditions     Chambers; these are: “Permanent Membership”, “Temporary

of Membership”                     Membership”, “Honorary Membership” and “Associated

Membership.”

                                                          (1) (A)  Permanent Member: the founder member of the

                       Association and the Chamber associated with it.

  1. In order to become a permanent member, an applicant

       must possess the following qualities:

  1. he/she must be a national of the TRNC and reside

within the boundaries of the TRNC for at least nine months of the year;

  1. he/she must be in possession of a degree from an

establishment teaching medicine in the case of a  doctor, and from an establishment teaching dental medicine in the case of a dentist, which is acknowledged by the Ministry responsible for Health Matters and approved by the Council of Ministers, following the Association’s proposal or on his/her own initiative.

                                                            As regards the objectives of this Clause,

“teaching establishment” means, in the case of the general

 practice of medicine, a teaching establishment approved  by

 the Association’s Board of Directors, and in the case of

 specialization and higher specialisation, a teaching         

 establishment of approved qualifications, conforming to the

 rules of Article (30) of this Constitution.

  1. He/she must be of good character and must not

      be barred and/or prohibited from practicing medicine

      in any other country on account of any professional

      shortcoming whatsoever;

  1. The admission charge and the monthly membership fees must be paid for one whole year in advance.

                                              

(2) Temporary Member: this type of membership is granted for a period

     not exceeding one year to doctors and dentists who are not citizens

     of the TRNC, or who are not resident within the boundaries of the

     TRNC, or who are the spouses of a TRNC citizen who reside

     permanently in the TRNC, under the following conditions:

(A)(a)    The doctor or dentist making the application must possess the qualifications outlined in sub-clauses (b) and (c) of Clause (B) in Paragraph (1) above.

    

     (b)    It is necessary for the doctor or dentist making this application to document that he is in the country for the purpose of conducting research in the name of the Ministry, of any health establishment, or public hospital, the Association or Chambers established through this Constitution or an association, society or charitable foundation whose sole aim is human health care, or for the sake of supporting public and general health in the TRNC from a medical, scientific or academic perspective;

(c)     Should there arise a special need for an expert in a certain field, and there is no registered permanent member in the TRNC  specialized in this relevant field, or even if there is such a specialist, it is required for any private health institution to request the employment of an expert in a temporary capacity as outlined by this Paragraph.

                   As regards the objectives of this Clause,

the Board of Directors will decide whether there is exceptional need for an expert in the relevant field. Private health institutions wishing to temporarily employ a specialist, must apply to the Board of Directors and the Board of Directors will announce its considered opinion on the case within 30 days. 

                                                 (d)      A statute prepared by the Association’s Board of  Directors

                                                         and presented to the Ministries’ Council of Ministers for

                                                         approval is to determine in what form persons who are to be

                                                         employed in private health institutions should apply to the

                                                         institution as temporary members; what are the documents

                                                         required for the practice of their profession; what is to be

                                                         considered when determining whether or not there is a need for

                                                         a private specialist;  the supervision of the institution, as well as

                                                         other principles and procedures. 

  1. The duties, powers and responsibilities of temporary members are the following:
  1. Temporary members are required to carry out the obligations of membership in the same way as permanent members.
  2. Temporary members can participate in the Association’s General Committee and the associated Chamber, without having the right to vote, or to stand for election; they may speak and make their views known.
  3. A temporary member, whilst acquiring his/her membership, is only permitted to practice his/her profession within the health institution that is authorising him/her and not in any other health institution, or private or independent practice.

Only on condition that he/she re-applies to the Association for

        permission, is he/she allowed to practice in another health

        institution or in private or independent practice.

  1. Temporary members can practice their profession as attending

                 doctors for maximally one year, with the submission of a written

                 request by the Administrative Director of the private health

                 institution and the consent of the Association’s Board of

                 Directors, and by presenting the necessary residency

      permit.

  1. At their registration, temporary members pay the same admission charge as that projected for the permanent member, but only half of the annual fees.

                  

                   (3)                        Under the rules of this Constitution, and with the approval of the Disciplinary

Committee, the Association’s Board of Directors can, when it is deemed necessary, dismiss temporary members from the Association at any time before their year is up, or else extend their membership for another year.

                  

                   (4)          (A)          Honorary Member: A doctor or dentist who does not

                                                 qualify for registration as a permanent or a temporary member, but

                                               who has contributed to the health services in the TRNC or the

                                               development and activities of the Association or the Chambers,

                                               or who has left his working life, can, upon the suggestion of the

                                               pertinent Chamber and with the approval of the Board of Directors,

                                               be registered as an honorary member of the Chamber.

           The rules of this Constitution projected in Article (42),     Paragraph (2) are legally guaranteed.

                           

  1. Honorary Members are obliged to fulfil the requirements

          as defined by the Board of Directors.

                                     

   (C)      Honorary Members may attend the General Assembly of the Chambers, but are excluded from the electoral process; they may speak before the Assembly and make their views known.

  (D)       Honorary Members are not permitted to practice their profession in any health institution, private or independent in the TRNC.

(5)(A)    Associated Member:  A person who is neither a doctor or a dentist, and who does not qualify for registration either as a permanent, a temporary or an honorary member, but who contributes to the health services in the TRNC, or is interested and supportive towards the profession and through his actions or contributions to the development and activities of the Association or the Chambers proves this point, can, on the suggestion of the Chamber and with the approval of the Board of Directors, register as an Associated Member.

  1. Associated Members may not attend the General Assemblies of the Association and the Chamber linked to it.

                        “Acquiring Membership         4A.      (1)     Acquiring Membership to the Chamber:

                        to the Chamber and                                (A)  Applications concerning membership by persons qualifying for                 Temporary Suspension of                                     membership are to be made in writing to the secretariat of the

                        Membership”                                                  Chamber relevant to the profession.

           (B)  The written application is to be presented together with                            the documents showing the qualifications required for    

membership.

                                                   (C)  The applications are appraised by the Chamber’s Board of

Directors and those considered suitable for membership are registered in the membership register of the Chamber, after payment of the admission charge and the annual fees to the Association. Each registered member is presented with a “Membership Certificate”.

    (D)   Persons who are found lacking the required qualifications for

           membership will not be registered; such persons will receive

a written statement as regards the reasons for this refusal

within three months of having made their application.

.

                                                                     

                                                          (2)(A)   The membership of any permanent or temporary

                                                                       member can be temporarily suspended for a

                                                                       specific length of time by the Chamber’s Board of

                                                                       Directors in the following cases:

  1. In case it is subsequently realized that the

       person does not possess the required qualifications

       for membership;

  1. In case of a decision by the Board of Directors concerning the inability of the member to perform the service of a doctor;
  2. In case reasons for suspension of membership are stated in the application, such as education, military service or health reasons.

                                                          

  1. A doctor or dentist whose membership has been suspended shall not be liable for payment of the annual fees during the period of suspension.
  1. A doctor or dentist whose membership has been suspended may not serve as a doctor within that period; he/she may not exercise his/her right to vote or to stand as candidate in any of the elections of the Association, the Chamber and the Branches of the Chamber.

     

                                                 (3)      In case the respective doctor or dentist has re-applied for

                                                           his/her membership, because the grounds for the suspension

                                                            of membership are no longer relevant, because of a situation

                                                            as referred to in Paragraph (2), Clause (A), sub-clause (c)

                                                            above, the Board of Directors may decide to reactivate

                                                            the permanent or temporary membership.

                                                                                 

            “The authorized bodies                                 5.(1)  The authorized bodies of the Association of

           of the Association and the                                      Turkish Cypriot Doctors are these:

           Chambers”                                                                

  1.  the General Assembly of the Association;
  2.  the Board of Directors of the Association;
  3.  the President of the Association;

                                                       (D)   the Disciplinary Committee of the Association;

(E)   the Supervisory Committee of the Association;

(F)  the Committee of Experts, set up under Article (32) of

       this Constitution.

                     (2)    The authorized bodies of the Chamber of Turkish Cypriot doctors and the

                                          Chamber of Turkish Cypriot dentists are the following:

  1. General Assembly of the Chamber;
  2. Board of Directors of the Chamber;
  3. President of the Chamber; and

(D) Supervisory Committee of the Chamber.

                    (3)      In accordance with Article (3), Paragraph (7) of this Constitution, the                                                                                         bodies of the Branch Chambers are the following:

  1. Branch General Assembly;
  2. Branch Board of Directors;
  3. Branch President; and

                                               (D) Branch Supervisory Committee.

The Aims                                     6.        (1)(A)      The Aims and Duties of the Association are the following:

of the Association

and the Chambers                                                                 (a) to coordinate and develop the professional and social

                                                                                                   operations among the Chambers;

                                                                                  (b) to maintain and try to develop professional traditions,

                                                                                       with the aim of serving the health of the population and

                                                                                       patients with unselfish dedication;

                                                                                  (c) to protect the material and moral rights and interests of the

                                                                members and to try to strike an optimal balance

                                                                between these and the benefits of the populace and the

                                                                government;

                       (d) to protect general public health, make an effort to meet

                            the currently acceptable standards of doctors’/patients’

                           rights; to try to arrange for the required work conditions

                            that will enable members to attain a certain level of prosperity;

                            to strive to guard the rights and interests of the profession

                           and the professional colleagues by application of the relevant 

                            laws, and by trying to organize the distribution of work

                            equitably.

(e)  to cooperate with the government agencies on issues

concerning the medical profession and the general health of the public; and to secure the assistance of government agencies in matters concerning the medical profession and public health;

       (f)  to make rules and regulations, to be presented in this Constitution

            with a view to facilitating the application of powers given to the

             Association.

(B) The powers of the Association are the following:

  1. To fill the Association’s and the Chambers’ need for a building and/or local headquarters by the decision of the Board of Directors and at the suggestion of the General Assembly; to meet the educational, social and cultural requirements of the members. Bearing this in mind, in order to realize the aims set out in this Constitution, all land, buildings or plots considered necessary may be purchased, constructed, leased, accepted as donation or sold.
  2. By decision of the Board of Directors, the Association may, in order to obtain an additional sum of money that shall not exceed its annual income, by the decision of the Board of Directors and at the suggestion of the General Assembly go into debt and mortgage its real estate to that effect.
  3.        The Association may give aid according to its means to societies concerned with health matters, professional institutions and other such foundations; it may attempt to acquire membership in similar international professional outfits and may become a member.

                                  

                                               (2)    The aims, duty and powers of the Chambers are the following:

                                                                                              (A) to meet the shared social, cultural and educational

                                                                                                    requirements of the holders of a professional degree, or of

                                                                                                    those connected with the medical or dental profession, and

                                                                                                    to facilitate and improve professional activities;

  1. to protect and develop the rights and interests of the members;
  2. to coordinate and develop social relations and professional attitudes among members;
  3. to arrange the relations between members or between   members and patients; to preserve professional discipline and ethical standards.                  
  4. to preserve the honour and integrity of the members; and
  5. to organize professional meetings, seminars and conferences.

                                               (3)     The Association and the Chambers may form a cooperation with

                                                         other professional institutions working in the same field,

                                                         concerning suitable issues. They may engage in research

                                                         and development projects that fall within the field

                                                         of their activities.

Conditions of Duty and            7. (1) Public hospitals, private health institutions, independently practicing doctors or

Offences                                            dentists as well as other government or private places of employment are

                                                                       required to report to the Association any appointment, transfer, resignation or

                                                                       similar change by any member of the Association employed by them, within fifteen

                                                                       days of the date the change has come into effect.

  1. All government and private institutions operating within the boundaries of the state that

employ doctors and dentists, as well as the owner of pharmacies, medical laboratories,  dental depots and pharmaceutical depots are required to keep one copy of the membership register of the Association at the workplace.

  1. The Government, public economic enterprises, local institutions and the bodies connected with them, as well as public enterprises, are required to report to the

      Board of Directors the names, income, wages or daily charges of the doctors

      and dentists whom they employ and whom they call upon to perform examinations

      or administer treatment to patients, within three months of this Constitution coming

      into force, as well as the date on which aforementioned persons assumed their turn

      of duty.

         Revenues      8.(1)  The revenues of the Association are the following:

  1. the admission charge collected from the members at registration

and the annual fees; the General Assembly of the Association has determined the annual fee to be no less than one fourth of the monthly minimum wage and no more than the monthly minimum wage. The admission charge is to be one half of the annual fees and is to be paid only once upon accepting membership;

  1. Income from Publications;
  2. Donations and contributions to the Association;

                                   (D) Wages received by carrying out services that are the duties of the

                                         Association.

(E) Fines imposed on members by the Disciplinary Committee of the Association;

(F)  Revenue from social activities and other income;

(G) Income from banks and interest;

(H) Income from lotteries;

(I)  Income from debts;

                                                          (J)  Income from rent payments.

(2)  The Revenue of the Chambers is the following:

  1. 30% of the income periodically received from the annual fees and the admission

       charge of the members of the Association constitutes the source of revenue for

       the Chambers, proportionate to the number of registered members.

                    However, should the contribution to the Chambers thus obtained be insufficient for its activities, additional funds can be made available to the Chambers through the arrangement of a supplementary budget by decision of the Association’s Board of Directors and the approval of the General Assembly;

  1. Grants and Aid Donations made to the Chambers;
  2. Income derived from carrying out the services that are the duties of the Chambers;

(D)  Income from social activities and other sorts of income;

(E)  Income from banks and interest; and

(F)  Income from publications.

        Exemption from

        Membership fees                                               9. The Board of Directors can decide not to demand

                                                                                      temporary or permanent membership fees from members who,

                                                                                      on account of illness, old age, poverty or any other reason approved by

                                                                         the Board of Directors, are unable to pay them.

Formation of the                     10.(I)        (A)   The Association’s General Assembly consists of the                      

General Assemblies and                                               convening of the permanent members who are registered with the

the Quorum                                                                  Association and who carry out the obligations of membership

for a Meeting                                                                specified in this Constitution.

                                                                                   

  1. The quorum for a meeting of the Association’s

                                                  General Assembly is half the total number of members plus one;

                                                  for making decision the quorum is the simple

                                                  majority of participants at the meeting. Temporary and

                                                  Honorary Members are not considered when forming a quorum

                                                  for a meeting.

          

          General Assemblies           11.(1)       The Association’s General Assembly convenes every year in

          the second half of October, while the General Assemblies of the Chambers

          linked to the Association convene every second year in the second

          half of September.

(2)      The Association’s General Assembly is made up of the members who are

           registered in both Chambers linked to the Association and who complete

            the required payment of the annual fees; the Chambers’ General Assembly

           is composed of members who are registered with the Chamber and have paid

           their annual fees.

                                                                       (3)       In case a quorum for a meeting cannot be obtained in the first meetings,

                                                                                  there shall be a delay of half an hour. After this period of time, a meeting of the

                                                                                  Association’s or the Chambers’ General Assemblies is called, regardless of

                       whether a quorum has been assembled or not, with a quorum of

                       participants of twenty-one members. In case even this number cannot be

                       assembled, the meeting is adjourned, to be held the following week on

                  the same weekday at the same time and place. Temporary and honorary

                  members are not considered in the formation of a quorum for a meeting.

  1. Meetings of the General Assembly are called by the Board of Directors

of the Association and the Chambers at least one week in advance and

the members are given written notification thereof; the time and place, the date

and agenda of the meeting of the General Assembly is announced to the members

at least one week ahead of time through publication at least once in at least one of

the local daily papers.

  1. In the General Assemblies of the Association and the Chambers

      the items on the agenda are discussed.

           However, members may bring up topics for discussion, which can

                       be placed on the agenda by decision of the General Assembly.

  1. The Association’s General Assembly is opened

by the President of the Association; the Chambers’ General Assemblies are

opened by the respective President of the Chambers.

                                                

                                   

                                                   

      The duties of the              12. (1)   The duties of the Association’s General Assembly are specified as follows:

     General Assemblies                        (A)    to examine the Association’s Board of Directors’ two-year progress

     and the Chamber                                     and fiscal reports, and to decide on them;

  (B)    to examine the report by the Supervisory Committee;

  (C)    to approve and pass the fiscal report of the Board of Directors;

                         (D)    to discuss other topics on the agenda proposed by Board of Directors

            and to arrive at decision concerning them;

  (E)     to elect the President of the Association;

  (F)     to discuss the rough draft of the Association’s budget for the coming year

        and reach decisions on it; to ratify the decisions of the Board of Directors

        on supplementary budgets for the respective Chambers;

  (G)    to discuss petitions presented to the General Assembly and to take

                                                                       decisions in keeping with the Association’s aims.

  (H)    to elect the members of the Association’s General Assembly, the

           Supervisory Committee and the Disciplinary Committee; and

  (I)     to take decisions on the buying and selling of real estate, the taking

          out of mortgages by the Association, on asking credit fixed to the

           Association’s annual income; to grant authority over these matters

            to the Board of Directors.

                                         (2) The duties of the Chamber’s General Assembly are specified as follows:

                                                           (A)    to examine the relevant Chamber’s Board of Directors’ two-year progress

                                                                    report, and to decide on it;

                                                                       (B)    to pass the fiscal report of the Chamber’s Board of Directors;

                                                                       (C)    to examine the relevant Chamber’s Board of Directors’ accounts

                                                                                and the budget draft for the coming fiscal year and decide on it;

                       (D)    to discuss other topics on the agenda proposed by relevant Chamber’s

                                Board of Directors and to arrive at decisions concerning them;

(E)    to examine petitions presented in the General Assembly and to take

                                                                   decisions in keeping with the Chamber’s aims.

                                                           (F)    to elect the President of the Chamber;

(G)   to elect the members of the Chamber’s Board of Directors and the

         members of the Supervisory Committee.

            General Assembly          13.        Official General Assembly Reports, proposals made in the General Assembly

                 Reports                                   and the ballot papers used in the election are sealed and stamped

                            and held in secure storage by the President of the General Assembly until the

                            General Assembly convenes for the next election when they are handed over to

                            President of the Board of Directors.

Composition of the                  14.   (1)   The Association’s Board of Directors consists of

Board of Directors                                 one President and, according to the rules of Article (16) of this

     Constitution, five doctors and three dentists who are chosen from

     among the members of the Association’s General Assembly.

                                                        (2)   The Board of Directors of the Chamber of Turkish Cypriot Doctors

                            and the Chamber of Turkish Cypriot Dentists consists of one President

                            and of six members for each Chamber who are chosen from among the

     members of the pertinent Chamber.

Election of the         15.(1)   (A)  The President of the Association is elected by the Association’s

President                                    General Assembly from among the doctors and dentists who have

                                                    been registered permanent members for at least two years. He/she is

                                                    elected for two years in a secret ballot and on the basis of open counting

     and listing;

                                            (B)   The President of the Association may not perform any office in any

      of the bodies of the Chamber of which he/she is a member;

         (C)   In case the position of President of the Association is left unfilled for any

      reason, the Association’s General Assembly shall convene within no

      more than thirty days to elect a new President for the Association.

                                     (2)  (A)   The President of the Chambers are elected by the General Assembly

                                                    of the respective Chamber from among their own members who have been

     registered permanent members for at least two years. He/she is elected

     for two years in a secret ballot and on the basis of open counting and listing.

        (B)    In case the position of President of the Chamber is left unfilled for any reason,

     the General Assembly of the Chamber shall convene within no

     more than thirty days to elect a new President for the Chamber.

Election of the        16. (1)  (A)    The members of the Board of Directors are elected by the

Members of the                            General Assembly of the Association in a secret ballot from among

Board of Directors                       the doctors and dentists who are registered members, in observance

                 of the rules laid down in Article (14).

       (B)     Candidates for membership to the Board of Directors possessing the

      required qualifications may apply for candidacy up until the actual beginning 

      of the election.

       (C)     Before they are put to the vote, the names of the candidates are written in a “list of

                  candidates” on which are listed the names of the candidates. The voting members,

                  using his/her right of preference for the ballot, casts his/her vote by entering the

                 names of as many candidates on the ballot as need to be elected. Ballots

                  not conforming to this rule are regarded as not valid.

       (D)      At the end of the election the eight candidates, consisting of five doctors

                  and three dentists who have received the greatest number of votes are elected

      as members of the Board of Directors, and from among the remaining candidates

      another eight are chosen as substitute members, doctors and dentists separately,

      in proportion to the number of votes they have received,

(2)   (A)     The members of the Board of Directors of the Chamber of Turkish Cypriot Doctors

                  the members of the Board of Directors of the Chamber of Turkish Cypriot Dentists are

                 elected by the General Assembly of their respective Chambers from among the permanent

                 members in a secret ballot, observing the rules laid down in Article (14).

        (B)    In the election and in the casting of votes similar rules are applied as in the election

                 of the members of the Board of Directors of the Association.

        (C)    The counting and listing of the votes shall be conducted openly.

      Ballots received after the counting has begun will not be taken into account.

        (D)   At the outcome of the election, the six candidates receiving the highest number of

                 votes are elected as members to the Board of Directors of the Chamber; six are

                elected for substitute membership from among the remaining candidates, in keeping

                 with the rules laid down in Article (14).

The Tenure                 17. (1)      The tenure of office of the Association’s Board of Directors and its members is

of Office of the                           two years. In case of vacancies in the membership of the Association’s Board

Board of Directors                     of Directors, observing the rules laid down in Article (14), the substitute member,

of the Association                       doctor or dentist, who received the highest number of votes in the General Assembly

and the Chamber                         is brought in as a member on the Board of Directors.

                                         (2)      The tenure of office of the Chambers’ Board of Directors and its members is

     two years. In case of vacancies in the membership of the Board of Directors

     of the Chambers, the substitute members who received the highest number

     of votes are accepted onto the Board of Directors.

(3)      In case of vacancies in the membership of the Board of Directors of the

    Association and the Chambers that cannot be filled by replacement through

    substitute members in accordance with the Paragraph above, such a Board of

    Directors breaks up and an Extraordinary General Assembly must be convened within

    thirty days, in order to elect a new Board of Directors.

General Rules                         17A. (1)   The General Assembly of the Branch Chambers is made up of

Concerning                                  professionally active members of the Chamber of each district where a Branch

the Branch Chambers                             has been established.

         (2)   The Branches’ Board of Directors consists of a President and four members who

                 have been elected by the Branch General Assembly from among its own members.

                                            (3)   The Branch Supervisory Committee consists of three supervisors who are

                                                    elected by the Branch General Assembly from among its own members.

                                            (4)   The authorized committee of each Branch is elected for a period of two years.

                                            (5)   The General Assemblies of the Branch Chambers are convened

     every year in the first half of September.

         (6)   The revenue of the Branches is derived from the contributions of the associated

                 Chambers, from donations and from income generated by its activities.

Extraordinary              18.(1)  Apart from the regular meetings of the Association’s General Assembly,

General Assembly                   extraordinary meetings may be convened under the following circumstances:

                                                (A)      (a) for a new election in case of a vacancy in the Presidency

                 of the Association;

                                                            (b) in case it is not possible to fill up the membership of the Association’s

      Board of Directors with substitute members, and therefore

      the number of members on the Association’s Board of Directors falls

      below the required quorum for a meeting;

                                               (B)      upon the direct request of the President of the Association;

                                               (C)      in case of a decision of the Board of Directors to convene an

                      extraordinary meeting;

           (D)      upon the written request of one fifth of the members of the Association;

                                               (E)      upon the request of the Supervisory Committee;

                                       (2)  At the meeting of the Extraordinary General Assembly only those topics

                                             are discussed on account of which this meeting has been called and

                                                           which have been determined beforehand as agenda.

                                       (3)  Apart from the case of an Extraordinary Meeting of the General Assembly for the

                                                            discussion of a vote of confidence to the Board of Directors,

                                                            if the quorum for a meeting is not assembled, there is to be a delay of

                                                            half an hour, at the end of which, disregarding the required quorum for a meeting

                                                            called for in Article (10), Paragraph (2) of this Constitution, an Extraordinary

                                                            General Assembly can be convened with the participation of at least twenty-one members.                                             In case even this number cannot be assembled, the meeting is adjourned and

                                              re-scheduled to take place one week later, on the same weekday, at the same time and place.

                        In order for an Extraordinary General Assembly to be held in such a case, a minimum

             participation of twenty-one members is required. Temporary and Honorary Members

                       are not considered in the formation of the quorum for the meeting.___

     (4)   In an Extraordinary Meeting of the General Assembly, in which a proposal for a

                        vote of confidence to the Board of Directors is to be discussed, a

            quorum of participants is required.

                                   However, in case the quorum for a meeting cannot be achieved,

                        there shall be a delay of half an hour, after which the Extraordinary General Assembly

                        takes place with the attending members. For a vote of confidence to take place,

                        the attendance of one quarter (1/4) of the members with the qualifications

            specified in Article  (10), Paragraph (1), Clause (A) of this Constitution is required, and for

                        a decision to be reached by a majority vote of one more than half the number of

                        attending members.

     (5)   Extraordinary Meetings of the Chambers and of the Branch Chambers are convened

                        under the same conditions and on the background of the same agenda as the

            Extraordinary Meeting of the Association’s General Assembly outlined in the

            aforementioned Paragraphs.

     (6)   The Chambers and its Branches may hold an Extraordinary Meeting of the

            General Assembly, if it is convened by the Association’s Board of Directors.

   Restrictions             19.

of the Right of                         Anyone who has been temporarily barred from professional practice by a

Election to the                                    decision of the Disciplinary Committee, or who has

Board of Directors                             been sentenced by a court to a prison term for reasons

                                              of an offence damaging to the integrity of the profession,

                         or to the penalty of being temporarily barred from professional practice,

 may not be elected as members to the Board of Directors for five years,

 beginning with the delivering of the verdict.

Dismissal from        20.          Members of the Board of Directors who are impacted by the penalties mentioned in

Membership                           Article (19) of this Constitution, are dismissed from membership on the Board of

on the Board                          Directors.

of Directors                   

The duties of           21. (1)     The President of the Association is authorized to represent the Association, to convene the Presidents                         the Association’s General Assembly meeting and the meeting of the Association’s

of the Association                   Board of Directors; he/she presides over the Association’s Board of Directors.

and the Chamber

                                     (2)     The President of the Chamber is authorized to represent the Chamber of which he/she

                                               is the President, and to convene the meeting of the Chamber’s General Assembly and

                                                the Chambers Board of Directors; he/she presides over the Chamber’s Board

                                                 of Directors.

                                     (3)      In the case of a Branch Chamber having been established, the Branch President

                                               carries out duties similar to those of the Presidents of the Association and the

                                               Chambers described above  in Paragraph (1) and (2).

Division of Duties   22. (1)         (A)     At their first meeting, the members of the Association’s Board of Directors

in the Board of                                     elect from among their number a Vice President, a

Directors                                             Secretary General and a Treasurer by secret ballot.

                                                                                 However, in case the President is a doctor, the Vice President is

                                                             chosen from among the dentists on the Board of Directors; in case the

                                                                         President is a dentist, the Vice president is chosen from among the

                                                             doctors on the Board of Directors.

                                               (B)      The authority and duties of the Vice President, the Secretary General and

                                                             the Treasurer are outlined by the Association’s Board of Directors, and after

                                                                         having been accepted by the Association’s General Assembly, and having 

                                                             been approved by the Council of Ministers, they go into effect as a regulation.

                                               (C)      Whenever the President is not present, the Vice President shall act as his/her

                                                             deputy.

                                               (D)         The Association’s Board of Directors meets at least twice a month. A member

                                                 who misses out on three successive meetings without excuse is considered

                                     as having resigned his/her membership.

Privilege of the           23.                    For the duration of their assignment to the performance of duties for the

                                                          Association, the members on the Board of Directors are entitled to

Members of the                                             leave beyond their normal annual entitlement. However, the total length

Board of Directors                                        of this type of leave is not to exceed ten days within one calendar year.

                         

                                                          

                                                                        

The duties of the       24.         The Duties of the Board of Directors of the Association of Turkish Cypriot

Association’s                          Doctors are outlined in the following Paragraphs:

Board of Directors                  (1)   to set up the Register of the Association of Turkish Cypriot Doctors

                                                       according to the Regulations of Registry;

                                              (2)   to represent members before the relevant institutions when necessary;

                                              (3)   to help ensure that the regulations of this Constitution

                                                       concerning professional performance are carried out as required.

                                              (4)    to resolve any disagreements that might arise among members; to conclude

                                                       investigations into irremediable disputes and behaviour

                                                       conflicting with deontology and professional integrity, and to submit these files

                                                       to the Disciplinary Committee.

                                              (5)   to organize professional events to promote the learning of the members;

                                               (6)   to prepare an annual report in which the Association’s opinion

         on the subject of general medical education and specialist training in the country

                                                        is set forth and the planning of health matters is clarified; to explain, together with the

         authorized government associations and institutions, the view on these

         topics to the Government Ministries; to participate in this kind of activity

         in the name of the Association and to send a representative to represent

         the Association;

 (7)    to plan the necessary formalities in order to standardize the operations of the

    health institutions in keeping with the rules of this Constitution, and to supervise

    the operations performed by these institutions to assure they are carried out in

    accordance with the statutes and regulations;

            The statutes set up according to this Paragraph are discussed in the

   General Assembly; when they have been passed, they are presented through 

   the agency of the Ministry to the Council of Ministers for approval.

            (8)   to do research work in the fields of public health and the medical profession;

                                                (9)    to send representatives to the general assemblies of government and private

                                                        institutions providing health services, to the consultative committee and similar

                                                        committees;

          (10)    to confront persons who make it their business to act as go-betweens

         between the members and patients, and persons who wish to practice the

         medical profession without authority, and to curtail such actions.

(11)   to prevent advertising by film, radio or messenger, or by any other means

         of speech or writing.

(12)   to determine rates, showing the lowest and the highest charge to be

         demanded for treatment by private health institutions and

         independently practicing doctors and to present these through the agency

         of the Ministry to the Council of Ministers for approval.

(13)   to carry out the necessary procedures for arranging the

                    meetings of the General Assembly and the meetings of the

                    Extraordinary General Assembly;

            (14)   to ensure cooperation between the Chambers;

            (15)   to purchase real estate for the purposes of the Association

                    with the approval of the General Assembly; to sell or trade real estate already in

                    possession and to mortgage property, if necessary;

            (16)   to accept donations and to go into debt, provided the sum does not exceed

                    the figure of the Association’s maximal annual revenue;

            (17)   to hire temporary help when necessary and to appoint a consultant for financial,

                     legal and technical issues.

            (18)   to set up temporary or permanent committees whenever this is required; and

            (19)   to perform the duties of this Constitution and other duties imposed by

         regulations resulting from the application of this Constitution.

The Duties and           24A.     (1)  The following Duties and Powers of the Board of Directors of the

Powers of                                      Chamber of Turkish Cypriot Doctors and the Chamber of Turkish Cypriot

the Chamber’s                               Dentists are proposed:

Board of Directors                          (A)   to participate in educational and social engagements;

and of the Branch                           (B)   to represent the members before relevant institutions when necessary;

Chamber’s Board                            (C)   to support the authorized bodies of the Association in the proper application of

of Directors                                              the regulations in this Constitution concerning professional performance.

                                                        (D)    to prepare the Member Register of the Chamber;

                                                        (E)    to plan, with cooperation and in accordance with the decisions

      of the Association’s Board of Directors, activities that will augment the

      members’ professional capabilities, along with other social and cultural events,

      and to put them into practice;

                     (F)   to resolve differences that may arise among the members and to investigate

                             into any behaviour that is not in accord with professional integrity, and to

                             submit the files of the investigation to the Association’s Board of Directors.

                     (G)  to make efforts to bring the operations of private health institutions such as

      private hospitals, private clinics, private dispensaries and private surgeries up

      to a standard meeting legal requirements; to present these efforts

      to the Association’s authorized bodies, and to participate in joint activities

      with the Association’s authorized bodies in order to obtain results.

                     (H)  to confront persons who make it their business to act as go-betweens

                  between the members and patients, and those who seek to practice

                  the medical profession without authority; and to participate to this effect

                             in joint operations with the authorized bodies of the Association;

                      (I)    to represent the Chamber at all kinds of national or international meetings

                             and to engage in whatever activities are required to this end; to attempt

                             to gain membership in appropriate international professional organisations,

      or to become a member;

          (J)    to curtail any sort of advertising for the profession;

          (K)   to ensure that the meetings and extraordinary meetings of the

       General Assembly do indeed take place.

         (2)      The Duties and Powers of the Board of Directors of the Branch Chambers

                    are proposed as follows:

                       (A)   the Branch Chambers of the districts are to assist in the application

        of the decisions of the Chamber to which they are linked;

 (B)  they are to actively try to develop mutual professional and social

       support between the members of the Chamber in the district of 

       their professional practice;

(C)  they are to convey the views and problems of the professionally active members

       of the district to the authorized bodies of the Chambers; and

(D)  to represent the Chamber to the district to which they are linked,

       and to carry on its activities in line with the views and decisions

       of the Association’s Board of Directors and the Chamber’s Board of Directors.

                             

Disciplinary Committee       (1)         (A)    In accordance with the rules of Clause (C) below,

 the Disciplinary Committee is made up of the four elected doctors and two

 dentists, as well as one other member to be appointed from among the permanent

 members of the Ministry charged with Health matters.

      (B)   The tenure of the Disciplinary Committee shall be two years.

          (C)   The members of the Disciplinary Committee, six founder and six

       substitute members are elected according to Article (11) of this Constitution

       by the Association’s General Assembly from among the permanent

       members in a secret ballot. The names of as many candidates as need to be

       elected are written on the ballot papers, implying four doctors

       and two dentists. Ballot papers not conforming to this rule are regarded

       as not valid. The four doctors and two dentists who have received the

                              highest  number of votes by the end of the election, are considered as

       having been elected for founder membership. The four doctors and two

       dentists receiving the next highest number of votes are elected as

       substitute members.

(D)   In case the Undersecretary of the Ministry is not a doctor, the Director

        of the Department of Institutions for In-Patient Treatment or the

        Director of the Department for Basic Health Services, who is a doctor,

        may attend the meeting of the Disciplinary Committee without, however,

        the right to vote, in order to convey his opinion on behalf of the Ministry.

           (2)               In order to be elected to sit on the Disciplinary Committee, the candidate

        needs to fulfil the requirement of having been a permanent, registered

        member on Cyprus for at least ten years continuously. In case a

        committee cannot be formed with members of these qualifications,

        members who have been permanent, registered, continuous members

        for at least seven years can be elected to the Disciplinary Committee

        as founder and substitute members.

       

           (3)               The rules of Articles (19) and (20) of this Constitution also apply to

                               the members of the Disciplinary Committee.

            (4)                In their first meeting, the members of the Disciplinary Committee elect from

                                amongst their midst a medical Chairperson and a Deputy Chairperson.

                                The minutes of the discussions and the decisions are classified and kept

                                locked in a safe place as the responsibility of the Chairperson.

      

            (5)               In case the Chairperson considers it necessary to convene a meeting

         of the Disciplinary Committee, the members are informed of this in

         writing at least a week ahead of time by registered letter or by delivery

         requiring countersignature. Members who are not able to attend the

         meeting, are obliged to make their excuse to the Chairperson  

         three days in advance of the date for the meeting in written form. Members

         who remain absent from the meetings three times in a row without

        excuse are considered to have resigned their membership. Their places

        are then filled by substitute members. The quorum of attendants

        to a meeting is four, and decisions are taken by a majority vote of the

        attending members. If there is a tie in the vote, the side on which the

        Chairperson has cast his/her vote, secures the majority.

                                               (6)     The members of the Disciplinary Committee may not attend the Committee

                                                         meetings in the instances outlined in the following Clauses:

                                                           (A) if the member has a direct interest in the subject under discussion;

                                                           (B) in case the member is the investigator, the witness or the person bringing

      the complaint in the subject under discussion:

                                                           (C) if the member is the mother, father, child, sibling, paternal or maternal

            uncle or aunt, brother-in-law or sister-in-law of the person connected

            with the subject under discussion:

       (D) if the subject under discussion refers to a member’s wife or husband,

     or to a first-degree relative of the member’s wife or husband,

            even in the case of the marriage having been terminated.

       (E) in case the subject under discussion relates to a person who

             is of higher administrative rank or has a higher record of employment     

            than the member;

       (F) in case the member is involved in economic transactions with the

      person connected with the subject under discussion;

(G) in case the subject under discussion is connected with the adopted child of

      a member, or if the member is the adopted child of the person connected

      with the subject under discussion.

(7)             The Disciplinary Committee is required to reach a conclusion

                  no later than two months after receipt of the files it was

                 sent. In case the process takes longer, the Board of Directors must be

                 informed of the reasons for the delay.

                                 (8)            The Disciplinary Committee may impose the following penalties on members

                of the Association, according to their actions and behaviour,

    which it has been formally requested to investigate. 

      (A)    Penalty of Warning: this is a written notification to a doctor or dentist that he/she

               must be more careful in the performance of his/her professional duties. The following

                kinds of  action and behaviour call for the penalty of warning:

                (a)  any procedure, action or undertaking that prevents the Association from

                     accomplishing its goals;

                (b)  non-compliance with the decisions reached by the bodies of the Association;

               (c)  non-payment of financial debts to the Association without justifiable causes.

      (B)    Penalty of Reprimand: this is a written notification to the doctor or dentist, informing

               him/her that his/her professional conduct is regarded as unsatisfactory. The following

                kinds of  action and behaviour call for the penalty of reprimand:

                (a)  repetition of the same action or behaviour despite having received a penalty of

                     warning;

               (b)  performing actions contrary to the aims of the Association;

                (c)  any behaviour damaging to professional honour and dignity.

    (C)       Penalty of being Temporarily Barred from Professional Practice: this is a temporary

                ban on a doctor or dentist from practicing his/her profession, which may last

                from fifteen days to six months. The following kinds of action and behaviour

     call for this penalty:         

    (a) having thrice received the penalty of censure;

               (b) having thrice received the penalty of a fine;

               (c) insistence on non-payment of debts to the Association, despite having already

         been censured for this offence;

   (d) disclosure without legal necessity of patients’ confidential information learned

        during professional encounters;

   (e)  discrimination of patients in the course of diagnose and treatment on account

         of their race, nationality, ethnicity, sex, sexual preferences, religion, sect,

         ethical or political thinking, personality or social status;

   (f) to file and present a report or document contradicting the actual facts

         for the sake of material or other gain;

   (g)  to open and run more than one surgery within the boundaries of the TRNC;

   (h)  to fail to administer, without justifiable reason, urgently required medical treatment 

         to a patient presenting as an emergency to the doctor or to the outfit he/she

         works for; neglecting to undertake necessary measures, to delay or fail to transfer

         to the appropriate institution;

   (i)  to use professional knowledge and skills for purposes contrary to human dignity,

        or to apply torture; to participate in acts of torture, even if this falls under

        his/her official duties; to carry out procedures and conduct that can be

        regarded as torture; to conceal information regarding torture;

   (j)  to apply methods of treatment scientifically not yet approved, or to employ

        unscientific applications; to do research on human beings not conforming to

        scientific criteria; to support in word or writing persons who perform such

        research;

  (k) incompetence in professional knowledge and skills, faulty or deficient

       diagnosis and treatment on account of negligence, causing medical or material

       damage to the patient;

  (l)  to exhibit medical conduct other than that defined by the ethical values of

       international documents or regulations that have been adopted by the

      Association and the Parliament of the TRNC; 

  

    (D)   Penalty of Fine: this is a monetary fine that can be imposed on a doctor or

             dentist up to double the minimum monthly wage. The following kind of action

             and behaviour calls for the penalty of a fine:

       (a)   to write any kind of article of unscientific content for any outlet of the press

              or other publication, for the purpose of advertisement, generating unfair

              competition; to have such articles written or to make such statements,

              or to bring about such advertising through an associated organization or

              partner firm;

       (b)  to write announcements in newspapers and other publications articles

             aimed at advertising outside of the context determined by this Constitution,

  by deontology and the regulations of advertisement; to include such information

  on prescriptions other than name, surname, address, specialization, academic

  degree, and days and hours of business;

                R.G.EK III                    (c)  non-compliance with the decisions on the Statutes of Advertising

             26/9/1997                                            determined by the Association;

                A.E. 655

   (E) Penalty of Being Permanently Barred from Professional Practice: this is a penalty

         involving a permanent ban on the doctor or dentist from carrying out his/her
                    professional activity within the boundaries of the TRNC. The following kinds

        of action and behaviour call for the penalty of this kind:

                  (a)   to have been given the penalty of a temporary ban thrice;

                  (b)  to have registered as a member by making false statements, or 

                         through fraud;

                                                     (c)  to have been convicted by the courts of premeditated  murder,

                        rape, corruption, misuse of authority or of a similarly shameful offence,

 to the point of exploiting the profession.  

                          

                                   (9)                    The penalties of warning and reprimand imposed by the Disciplinary

  Committee are to be carried out without delay and no objection can

  be raised to appeal them. In the case of the penalty of a fine, and the penalty

  of temporarily being barred from practising the profession, or the penalty

  of being permanently barred from working in Cyprus, an written objection

  may be raised within fifteen days of the decision being handed to the

  member. The written petition together with the proof is to be handed to

  the Board of Directors and to the Presidency of the Disciplinary Committee

  and the High Court, in accordance with the Regulations of the Court.

                              (10)                      Members who by decision of the Disciplinary Committee have been banned

  temporarily or permanently from practicing their profession, may not

  practice their profession in any way during this period, whether they

  are public servants, employed by a private health institution or practicing

  independently. This decision is publicized and applied in a manner

  approved by the Ministry.

        However, the rights of a member who is a public servant are

 not infringed by his/her being temporarily or permanently barred from

 carrying out his/her profession. The proper procedures will be started

 by the Public Service Committee on behalf of members who are temporarily

 or permanently barred from practicing their profession. Thus penalized persons 

 are free to seek adjudication through the courts.

       

                             (11)                     According to the rules of Paragraph (10) above, if the doctors or dentists

           who have been barred from practice, continue to practice their profession

           independently, despite the decision against them being binding, a fine up

           to twice the amount of the monthly minimum wage may be imposed by

           the Disciplinary Committee.

                             (12)                     In case it has been established that a professionally active member has either

          been sentenced by the courts for an offence that is regarded as a shameful act

          by the Disciplinary Committee of the Association of Turkish Cypriot Doctors,

          or that as a result of the investigations of the Board of Directors his/her activities

          are regarded as being reprehensibly immoral and contrary to the rules of deontology,

                                or that he/she has obtained membership or registration by falsehood or deceit,

          the Disciplinary Committee may decide to impose on such a doctor any one

          of the penalties described in this Article, or several penalties at once.

                           (13)                      It is required that the doctor or dentist who has been accused by the

         Association of Turkish Cypriot Doctors be heard in the presence

         of the Disciplinary Committee, and that he/she be given

         the right to defend him/herself.

                             (14)                     The decisions taken by the Board of Directors concerning those

                                                         who fail to pay whatever monetary fine has been imposed within 30 days

of the date of being given notice, are carried out with the same validity as Court sentences by the debtors’ court.

                (15)                     Any member who has been sentenced and subjected to disciplinary measures,

         other than the penalties of warning and reprimand imposed by the Disciplinary  

         Committee, has the right to resort to the High Court.

                                                                                                                                                                                            Supervisory              26.(1)     (A) The Association’s Supervisory Committee consists of three

            Committees                                  founder members and three substitute members chosen by the

      General Assembly of the Association.

                                                            (B) The Association’s Supervisory Committee examines whether the meeting

       of the Association’s Board of Directors has been held on time

       or not; whether its decisions have been signed or not; whether

       its expenditures have been made according to the decisions and procedures,

       or not. It inspects the organization of the registry and use of all movable

       property, and the command of authority and responsibility of the Board

       of Directors in its operations, and reports the results of its findings

       and its opinions to the General Assembly at each General Assembly

       meeting.

              (2)     (A)  The Supervisory Committee of the Chamber of Turkish Cypriot Doctors

                   and the Supervisory Committee of the Chamber of Turkish Cypriot

        Dentists consists of three founder and three substitute members to

        be elected by the Chamber’s General Assembly.

                                                            (B)  The Supervisory Committee of the Chamber examines whether the

       meeting of the Chamber’s Board of Directors has been held on

       time or not; whether its decisions have been signed or not; whether

       its expenses have been made according to decisions and procedures,

       or not. It inspects the organization of registering and use of all movable

       property, and the command of authority and responsibility of the Board

       of Directors in its operations, and reports the results of its findings and

                              its opinions to the General Assembly at each General Assembly meeting.

            (3)        The Supervisory Committees of the Branch Chambers consists of three

                         inspectors chosen by the Branch General Assembly, and has the same

             powers as the Supervisory Committee of the Association and the

             Supervisory Committees of the Chambers and performs the same duties.

The Right to               27.(1)              When the doctor or dentist finds grounds for a medical consultation with the Consultation                                             patient, he/she informs the patient and/or the patient’s family of this. If

and Permission                                   he/she does not accept the doctor’s proposal, the doctor may give the

for Consultation                                 the patient notice and transfer him/her to another doctor without incurring

 any legal responsibility whatsoever. In case the patient is without consciousness

            or a child of less than eighteen years of age, the patient’s legal representative can

 put in a request to the Association of Turkish Cypriot Doctors for a consultation

 with another doctor member on behalf of the patient.

                                       (2)               A doctor or dentist authorized to practice his/her profession within the boundaries

of the TRNC, who is a permanent member of the Association, or the administrative

director of the health institution in question, or the medical chief of staff, may apply

on behalf of a patient receiving treatment to the President of the Association for a reputable and expert doctor living outside of the boundaries of the TRNC and not

registered in the TRNC, to participate as a consultant in the treatment of this patient, 

provided the attending doctor is informed of this. After the President has received

the approval of the Board of Directors, he/she may grant the required leave for a suitable period of time. Within such a period of leave, the President may grant leave

to another registered doctor or dentist to consult with the expert in question about a  patient, for the same purpose and in the same fashion. 

Regulations              28.(1)                Doctors and dentists who intend to work for the Armed Forces of the TRNC,

concerning                                         or the Security Forces (Safety and Security Units), are required to register

the Armed Forces,                             with the Association, as well as being permanent members of the Association.

the Security Forces

and Naval Doctors        (2)                Doctors and dentists who are doing duty with the Army, Navy or Air Force

of the Armed Forces of the Turkish Republic either within the borders

of the TRNC or within its territorial waters, shall have, for the duration of their duty,

the right to practice their profession as doctors and dentists in military

                       units or with those connected to the military forces or the ship’s crew and

its passengers, without registering with the Association of Turkish Cypriot

Doctors and without being a member.

           However, these doctors are not permitted to give medical or dental

service to any civilian person whatsoever. The Association of Turkish

Cypriot Doctors may, for the purpose of consultation, request a list from

the appropriate office, showing the names and the fields of specialisation

of the doctors and dentists connected with the Armed Forces of the

Turkish Republic, as well as of the duration of their stay.

Performance               29.In accordance with this Constitution, a doctor may carry out his medical profession

of the                               in the fields of general medicine, surgery and obstetrics, as long as he/she is registered

Profession                        with, and a member of the Association; he/she has the right to accept remuneration for

                                        his/her medical service, advice, sick leave certificate and house visits, and

                                        to demand, receive and, when necessary, have recourse to the Courts to claim

     the equivalent value of the medication administered to his/her patient, or of the

     medical or surgical tools and equipment.

Exclusion               30. (1) In accordance with this Constitution, no one may practice his/her profession

from Practicing                as a doctor in the TRNC, or carry out any medical intervention whatsoever,

the Medical                     or write out prescriptions regardless of whether an agreed sum of money has            

Profession,                       been exchanged for this or not, unless he/she is a registered member                    

and the                                        of the Association of Turkish Cypriot Doctors and the Chamber of Turkish

Carrying out of                Cypriot Doctors.

Paramedical                (2) Paramedical services, such as laboratory technicians, dieticians, physiotherapists, dental

Services                           technicians and pharmacists, are to follow the requests of the responsible

      doctor or dentist in the service of the relevant medical field.

(3)  Anyone acting contrary to the rules of this Article, is committing an offence,

       and in case of being sentenced will receive a penalty of up to three times

       the amount of the monthly minimum wage or a prison term of up to three years,

       or both.

Prescription,         31. (1)  All the doctors and dentists who are members of the Association of Turkish Cypriot

Forms for                         Doctors are authorized to arrange for, write out, request and read prescriptions,

Laboratory                       requests for laboratory tests and reports, on the basis of the principles provided by

Examination                     Paragraphs (4), (5), (6) and (7) below.

and Report                

           

Arrangement              (2)    Non-members of the Association of Turkish Cypriot Doctors are not authorized

        to organize, write out, request and read prescriptions, forms for laboratory

        tests and doctor’s reports, nor are they authorized to plan and adopt a course

        of treatment based on those documents.

(3)   Whoever tampers the documents described in the preceding Paragraphs without

        authorization commits an offence, and in case of being sentenced

        will receive a penalty of up to three times the amount of the monthly minimum

        wage or a prison term of up to two years, or both.

(4)   (A)  A prescription is a part of the treatment and is ordered by the attending doctor

              to continue the treatment in the clinic or in domestic surroundings

               according to the needs of the patient, and can be adapted as seen necessary.

       (B)   The prescription is filled by pharmacies authorized and legitimized

               by the Ministry responsible for Health Matters; and

       (C)   In accordance with the laws governing patients’ rights, and considering the

               confidentiality of the patients’ ailment and of the treatment involved,

               the prescription may not be classified in a way contravening the principles

               of confidentiality, nor can it be a measure for evaluation,

               and is safeguarded by the doctor and the pharmacist in a way that

               does not violate the rights of the patient.

(5)   (A)   In the event a re-assessment of the diagnosis and the progress of treatment is

               called for, the attending doctor may put in a request for laboratory tests

               on behalf of the patient, and it may, if necessary be altered or repeated. 

       (B)   The examinations prescribed on the laboratory form are to be carried out

               by the laboratories of the Government Health Departments or Government

               Laboratories, as well as private laboratories authorized and legitimised by

               the Ministry responsible for Health Matters.

(6)   (A)   The certificate of sick leave is part of the treatment, and is framed by

                the attending doctor for the duration of the treatment, without the need of

    approval by any other authority.

            However, sick leave certificates framed by doctors or dentists

    working either in public hospitals or in private health institutions, must comply

    with currently valid laws governing this issue.

       (B)    If a situation arises concerning the patient’s rights in connection with the principle

                of confidentiality, or one that affects his/her social life, the doctor can arrange for

                a sick leave certificate for the patient without writing out the diagnosis or the

                grounds for sick leave.

However, in case of a request by the patient’s superior regarding

                           the patient in question, a certificate of sick leave may be written by the doctor or

                          dentist spelling out the reasons, provided the principle of confidentiality is observed.

          (7)            The regulations concerning prescriptions, requests for laboratory tests, and the

    form and contents of a medical report are defined by a statute. The Statute

    is drawn up by the Association’s Board of Directors and discussed in the

    General Assembly; through the mediation of the Ministry it is then submitted

    to the Council of Ministers for approval, after which it goes into effect.

 The Committee   32. (1)           Any doctor who has received the appropriate training in an institute of the TRNC, the

of Medical                                Turkish Republic or a country of the European Union, and is in possession of a

Specialisation                            certified diploma of specialization, is entitled to use the title of “specialist” after

and                                           having registered with the Association of Turkish Cypriot Doctors and the Ministry.

Experts                     (2)           A doctor or a dentist may employ the professional and honorific titles acquired

                                                in a foreign country provided they are sufficiently documented, 

   other than those denoting his/her specialization and higher specialization.

          (3)           For the purpose of the discussion of diplomas of specialization and higher 

   specialization awarded by countries other than the Turkish Republic and the

   European Union, the Association of Turkish Cypriot Doctors establishes

   a Committee of Experts made up of the following persons:

       (A)  the President of the Association of Turkish Cypriot Doctors (President);

       (B)  a member representative from the Ministry having the title of a medical doctor

              to the Association (member) __;

       (C)  two doctors of the respective field to be appointed by the Board of Directors

              of the Association of Turkish Cypriot Doctors from among the members

              of the Association; 

       (D)  the director or the person in charge of the health institution having the greatest

              number of beds in the TRNC (member);

       (E)  the hospital Chief of Staff or the Administrative Director of the health institution

             having the greatest number of beds in the TRNC (member).

                                 (4)          Upon a written application to the Association of Turkish Cypriot Doctors by the

                         doctor in question, this Committee is convened by the President, and will present its

 views to the Association’s Board of Directors for approval within two months.

           (5)         The Association’s Board of Directors evaluates the views of the Committee

                         of Experts. Should it find these unsatisfactory, it shall send them back to

                          the Committee to be reviewed, stating its reasons. The Committee presents

                          its new views on the subject to the Association’s Board of Directors within

                        one month. The Association’s Board of Directors informs the doctor in question

                        of the final decision within a month.

          (6)          The Association’s Board of Directors may draw up a statute for

  the purpose of defining the principles of the operations and appraisals of the

  Committee of Experts. This Statute is then presented to the Council of Ministers

  through the Ministry.

Practicing           33. Every dentist who is a registered member of the Association of Turkish Cypriot Doctors            

the                      may perform surgical and prosthetic medicine in the field of dentistry; he/she may file a report 

Dental                 for sick leave and is entitled to demand, receive and have recourse to the courts to assure

Profession          remuneration for these services and for the medications used in the treatment of the patient,

    or for the medical or surgical implements and materials.

Exclusion           34.(1) In accordance with this Constitution, no one may practice the profession

from Practicing            of a dentist within the TRNC, or give medical aid or advice, or demand a charge          

the Dental                    for a house visit or perform any medical intervention or write out any prescriptions,

Profession                   regardless of whether an agreed sum of money is exchanged for it or not,

 unless he/she is a registered member of the Association of Turkish Cypriot Doctors

 and the Chamber of Turkish Cypriot Dentists.

       (2) Anyone acting contrary to the rules of this Article, is committing an offence,

 and in case of being sentenced, will receive a penalty of up to three times

 the amount of the monthly minimum wage or a prison term of up to three years,

 or both.

Doctorate in    35.(1) In accordance with this Constitution, a person who is registered as a dentist, cannot,

Dental Medicine        in accordance with this Constitution, acquire and use the title of “doctor”,

and                           unless he/she is registered as a doctor.

Title of                                        However, if a person determined by the Association’s Board of Directors as possessing the

                                             Required qualification for registering as a dentist, in addition to this possesses a diploma showing

          him/her to be a doctor or specialized in the branch of dental medicine, he/she may assume

                                and employ the title of doctor in the branch of dental medicine or the title of specialization.

                           (2)  Doctorates and diplomas of specialization acquired outside of the Turkish Republic,

                                 will be evaluated according to the rules of Article (32), Paragraph (4) of this Constitution.

                           (3)  Any one acting in contravention with the rules set forth in this Article, shall be fined by the

                                   Disciplinary Committee according to Article (25) of this Constitution.

Additional                       36. The supplementary qualifications a doctor or dentist acquires in addition to the qualification

Qualifications       he/she possessed at the time of his/her registration, shall be entered in the Register of the court

     of records  free of charge, provided they are regarded as valid by the Association

     of Turkish Cypriot Doctors.

Conditions      37. For any kind of ongoing medical procedure such as surgical intervention, giving birth,

physical therapy, radio therapy, orthodontic or prosthetic treatment,

for                  the patients may be charged a fixed price the amount of which is determined

Charging         by the Association and approved by the Council of Ministers. In cases other than these,

a Fixed           treatment may not be conducted for a fixed price. This rule does not apply to Public Hospitals

Price               and Health Institutions.

Informing       38. It is the professional duty of every doctor to contribute in every way possible to

the Public       initiatives to help the public acquire useful knowledge and conduct in health

                        matters, within the set of rules determined by the regulations drawn up by

the Association, which goes into effect with the approval of the Council of Ministers.

Prohibition      39.

of Advertising   32/1998          (1) No doctor or dentist may publicize or advertise in any way the subject

           38/2002        of his practice of the medical profession in his own name, or the Administrative Director

who is a medical doctor, in the name of the relevant health institution

in accordance with the supervisory laws for private hospitals, private clinics,

private dispensaries or private surgeries.

(a) he/she may place a sign outside of the surgery or the clinic of a size and shape

     fixed by the regulations of the Association of Turkish Cypriot Doctors, on which

     are written the name, the medical or professional qualifications and, if it applies, the

     branch of specialization.

(b) in case there is a change of address, it is permissible to put up a notice outside

     the old surgery or clinic informing of the new address, or else the new address

                can be printed in the newspaper.

  

           (c) in accordance with this Constitution he/she may publish a notice in the

                newspaper informing of the commencement of the medical practice for one

                 month starting from the date of registration.

(d) in accordance with the supervisory laws for private hospitals, private clinics,

     private dispensaries or private surgeries, it is permissible to publish a notice

                in the newspaper, within one month beginning with the date of registration of

                the dispensary, hospital or surgery, informing of the establishment of such a

     health centre.

(e) The shape, extent and details of any notice to be published by a doctor or

     dentist in the newspaper are to conform with the statutes of the Association

     of Turkish Cypriot Doctors and are to be published in three issues of

     each paper at most.

(f) In order to alert the public to a new and unfamiliar technology to be employed within

    the boundaries of the TRNC, it is admissible to make a single special announcement

    with the knowledge of the Association’s Board of Directors and conforming to

     the rules of this Constitution.

(2)           Conditional to what has been explained in Paragraph (1) of this Article being

    legally guaranteed, a doctor or dentist may not advertise, directly or indirectly,

               in order attract patients or in order to add to his/her professional title, 

               he/she may not make announcements or publications that are damaging to his/her

               professional colleagues, or that praise his/her own services, qualifications, knowledge

               and professional skills, or draw attention to these; he/she may not use or engage

               a middleman or commission agent in order to procure patients; or enter

               into cooperation with, or be employed by those who do this line of work.

(3)          Anyone acting in contravention of the rules set forth in this Article, shall be fined by the

                                                 Disciplinary Committee according to Article (25) of this Constitution.

Penalties                        40. Anyone who

        (1) falsely and fraudulently registers or attempts to register himself or another person

             as a doctor or a dentist with the Association or the Ministry, or who

        (2) despite not being in possession of a diploma, consciously, intentionally and

             deceitfully

                                                (A)  assumes the title of doctor or dentist, or uses another name or title, in order

                                                     to introduce him/herself as a doctor or dentist; or who

                                                (B)  practices the medical or dental profession for any reason, or claims to have

       done so; or gives out medical advice and opinion, writes out prescriptions,

                                                    or carries out medical or surgical intervention; or who

                                          (3) in spite of being barred from the practice of the profession and deleted from the

              Register of the Association, continues to practice medicine as a doctor or dentist,

              gives medical advice and opinion, writes out prescriptions or carries out medical

              or surgical intervention;

        has committed an offence, and if sentenced, will receive a penalty of up to twice

        the amount of the monthly minimum wage or a prison term of up to two years, or both.

        In case of repeated offence, he/she can be sentenced to up to five years in prison.

       (4)   The stated monthly minimum wage proposed in this Constitution as the penalty

               for these offences implies the monthly minimum wage of the date on which the

               offence took place.

Register of             (41)    (1) As regards the objectives of this Constitution, the Government Director of

Records                                Health performs the duties of Registrar and registers the doctors

of Doctors                            and dentists as members of the Association in the Register of Records kept

and Dentists                          by the Ministry of Health.

        (2)   The Registrar supplies a certificate of registration to any person applying for it

               whose name is listed in the book of records of doctors and dentists.

Deletion                         42. (1) In situations as described in the following Clauses, the Association’s

from the                                   Board of Directors deletes the registration of a doctor or a dentist from the

Register of                               Association’s Register of Members, and informs the Registrar envisaged

Members and                           by Article (41) of this Constitution of this circumstance. The Registrar, on being

  from the                                   apprised of this by the Association, proceeds to delete the entry of the aforementioned

Register of Records                 doctor or dentist from the Register of Records kept by the Ministry:

   (a) in case of death;

   (b) in the case of registration on the grounds of invalid qualifications;

   (c) in the case of an expulsion from membership by the Association’s Disciplinary

   Committee and the finality of this decision through recourse to the High Court;

   (d) in cases in which the Association has established that, owing to a mental and

   psychological condition, the ability to carry out the profession in a competent fashion

   cannot be assured with confidence;

   (e) in cases where the documents submitted to the Association demonstrating the

   qualifications entitling to membership and registration have been invalidated

   by the institution;

   (f) in cases where the obligations of membership to the Association have not been

   met, or the person in question has left the country in order never to return;

                                          (2)  Any doctor or dentist member of the Association, who on account of retirement

                                               or for other reasons, has given up professional practice, retains his/her membership

                                               as an honorary member, provided that he/she continues to meet the obligations

                                               of membership, such as the payment of fees, and resides within the boundaries

  of the TRNC.

Authority                           43.     (1) In addition to the powers given to it by this Constitution, and with a view

For Compiling                                  of launching and actuating this Constitution, the Association’s

Regulations and                                 Board of Directors may compile Regulations on the following subjects:

Statutes                                             

                                                           (A)   of how to actualize universal ethical principles of the medical profession

                                                                   (deontology); on how to monitor the members’ compliance or non-compliance

        with these rules; on how to conduct an investigation regarding behaviour

        damaging to deontology and professional dignity;

32/1998   (B)  of the conditions under which the professional activities

  38/2002        of doctors and, in accordance with the Law governing the Supervision of

        Private Hospitals, Private Clinics, Private Dispensaries and Private Surgeries,

        the addresses of surgeries, clinics, dispensaries and hospitals may be made

        known to the general public, and on methods of preventing advertisement;

 (C)  of maintaining within sight the fact that throughout their

        entire professional life doctors are obliged to take an interest in medical

        developments and innovations, in order to broaden their learning;

        to follow up on this situation and carry out necessary activities, and

        to continuously organize and monitor further education;

 (D)  of bringing the surgery, clinic, dispensary, private hospital

        and private health institution up to a standard consistent with the Supervisory

        Laws for Private Hospitals, Private Clinics, Private Dispensaries and

        Private Surgeries, and of organizing and monitoring the services of doctors

        and dentists;

(E)   of the method of investigation into disciplinary offences by doctors, and

        on how to conduct disciplinary hearings;

(F)   of the relations between the Association and the Chambers; of relations

        between the specific Chambers; of the duties and powers of the Vice President,

        Secretary General, Treasurer, secretaries and accountants within the structure

        of the Association and the Chambers;

(G)   of writing out prescriptions, forms for laboratory examinations, or examination

        referrals and certificates for leave of absence and/or sick leave;

                       (H)   on other subjects occurring in this Constitution, for which it is given the

        authority of compiling regulations.

Interim

Article:                    1.  (1)  Within six months of the date of  this Constitution coming into effect,

Temporary                         the Past President of the Association who was in charge before the

Regulation                          date this Constitution went into effect, summons the doctors and dentists

Pertaining,                          to a meeting by sending out a circular and by publishing a notice in

To the                                at least two local daily newspapers, and informs them of the day, the Meeting                              time and the place and the agenda of the meeting.

of the

General Assembly,        (2)   In this meeting called in accordance with Paragraph (1) above,

Procedures for                     the quorum consists of one more than half of the registered Renewal                               doctors and dentists assembled; according to the

of Registration,                    appropriate rules of this Constitution, an Association is established Transfer of                          and the procedures of election of the authorized bodies are carried

Material Assets                    out.

 (3)     If in the first meeting the quorum for a meeting

          cannot be assembled, there is to be a delay of half an hour, after

          which the Association acquires legal status of a legal persona if

          there are at least twenty-one attendants;

          then the authorized bodies are elected. If even

          after a delay of half an hour, the required quroum of

          twenty-one members for a meeting is not assembled, the meeting is

          re-scheduled to be held a week later, presenting the same agenda,

          at the same time and place. An announcement of this situation must

          be published in at least two local daily newspapers. At least

          twenty-one participants are required as the quorum at the

          delayed meeting scheduled to be held a week later.

(4)      With the coming into effect of this Constitution, the material 

           assets in the possession of the present Association, together

           with this Constitution, are handed over to the newly formed

          Association.

Interim            2.        (1)    Any doctor or dentist falling within the scope of this Constitution Article                               who opens a clinic, surgery, laboratory and runs a private health

Situation                            institution without being a member of the Association, must make

of Persons                         his/her membership registration within one month beginning with the

not Registered                     date of this Constitution going into effect through applying to the

with the                             Association. Anyone not making his/her membership registration

Association                       within this period, is not permitted to perform medical services.

(2)   Doctors and dentists who fall within the scope of Article (28)  of this

       Constitution, are oblige to register in the Association within one

       month.

(3)   In accordance with this Article, anyone not registering with the

       Association is not permitted to perform medical services. In case

       anyone performs medical services in spite of this, the regulations

       of Articles (30), (34) and (40) in this Constitution shall be applied.

(4)   Anyone registered with the Association before the date of this

       Constitution going into effect, need not renew his/her

       membership; his/her rights are not impinged thereby.

Going              41.    This Constitution goes into effect beginning with the date published

into Effect                    in the Official Gazette.