Professional order
A professional order is an organization that regulates the activities and members of a profession.
Unlike a professional association or some trade unions, membership in a professional order is obligatory for members of the profession, since registration in the order is a necessary condition of practice of the profession.
Such associations have existed since before the 16th century. For example, the Royal College of Physicians received its charter in 1518, with the "power to grant licenses to those with actual qualifications and to punish unqualified practitioners and those engaging in malpractice".
In France, the oldest professional orders are the "bars", which were created in the 17th century. Medical orders are more recent, but the creation of the Order of Physicians in France in 1940 is the culmination of fifty years of claim. The one in Belgium was created in 1938, while its Quebec counterpart, the Collège des médecins du Québec, dates back to 1847.
A professional order is a legal person governed by private law with a public service mission, constituted by a law defining its public function and a decree by the Council of State giving it its status.
Under the pressure of the World Trade Organization, relayed by the European Union, many liberal professions tend to be deregulated, being seen as obstacles to free trade. On the other hand, many lobby groups propose that certain professions should be supervised by professional orders for better protection of the public. In addition, some professional associations claim the status of a professional order to demonstrate professionalism and distinguish themselves from professions not controlled by the professional system.
Missions
A professional order may carry out the following duties:- Regulation of access to the profession and its follow-up ;
- Contribution to lifelong learning or, more simply, monitoring of the obligation of continuing education;
- Representation of the profession vis-à-vis the public authorities;
- Promotion of the profession through the media and schools and universities;
- To organize competition among its members on a fair, non-venal and respectful basis, while limiting concentrations and dominant positions;
- A judicial function, with a Disciplinary Council in which a Councilor of State is sitting and whose decisions are under appeal by the administrative courts, these decisions may be recommendations, warnings, reprimands, suspension, delisting, liquidation and Under ordinary administration, in the event of a violation of the code of ethics of the profession;
- Arbitration to resolve conflicts of interpretation relating to agreements between a professional and his client on the basis of the documents he advocates or between two members;
- More generally, control of the respect of patients and clients in the defense of the general interest.
In the Canadian province of Quebec, a superior body oversees the proper functioning of each of the orders: the Office des professions du Québec.
In France
In France, sixteen professions are regulated by an ordinal structure.Orders of Health Professions:
- Ordre des masseurs-kinésithérapeutes,
- Ordre des sages-femmes
- Ordre des médecins,
- Ordre national des pharmaciens,
- National Order of Nurses,
- National Order of Dental Surgeons,
- Ordre national des pédicures-podologues.
- Conseil national des barreaux,
- Conseil supérieur du notariat,
- Ordre des avocats au Conseil d'État et à la Cour de cassation,
- Ordre des avocats de Paris,
- Chambre nationale des huissiers de justice.
- Ordre des architectes,
- Ordre des géomètres-experts,
- Ordre national des vétérinaires,
- Conseil Supérieur de l'Ordre des experts-comptables.
In Portugal
In Portugal, the legal framework of professional public associations is regulated by Law No. 2/2013 of 10 January. Such associations are called "Order" if they relate to professions whose practice requires prior academic qualification of a university degree, and "Chamber" if otherwise. The President of a Professional Order has the distinctive title of Bastonário.There are currently 18 Professional Orders in Portugal.