KTTB Yasa (İngilizce) - Kıbrıs Türk Tabipleri Birliği

YASALAR & TÜZÜKLER

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.

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.

The Association is a professional establishment described as a public institution; it is a public legal persona.
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.
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.

In order to become a permanent member, an applicant

must possess the following qualities:

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;

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.

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;

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.

The duties, powers and responsibilities of temporary members are the following:

Temporary members are required to carry out the obligations of membership in the same way as permanent members.
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.
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.

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.

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.

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.

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.

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:

In case it is subsequently realized that the

person does not possess the required qualifications

for membership;

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

A doctor or dentist whose membership has been suspended shall not be liable for payment of the annual fees during the period of suspension.

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”

the General Assembly of the Association;
the Board of Directors of the Association;
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:

General Assembly of the Chamber;
Board of Directors of the Chamber;
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:

Branch General Assembly;
Branch Board of Directors;
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;

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:

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.
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.
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;

to protect and develop the rights and interests of the members;
to coordinate and develop social relations and professional attitudes among members;
to arrange the relations between members or between members and patients; to preserve professional discipline and ethical standards.
to preserve the honour and integrity of the members; and
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.

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.

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:

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;

Income from Publications;
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:

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;

Grants and Aid Donations made to the Chambers;
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.

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.

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.

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.

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;

(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;

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;

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.

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.

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;

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.

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;

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.

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:

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;

(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;

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;

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;

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

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) __;

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.

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

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.

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

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

(a) in case of death;

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

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;

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.

Okunma: 67.077