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Ombudsman finds Nurses Order disciplinary rules unconstitutional

The Ombudsman has recommended that the Nurses’ Order amend its disciplinary rules to remove the prohibition on the presence of a lawyer when examining witnesses in disciplinary proceedings, which he considers illegal and unconstitutional.

Maria Lucia Amaral’s recommendation follows a complaint received by the Office of the Ombudsman regarding the Order of Nurses’ disciplinary rules, which prohibit the presence of counsel for the accused, plaintiff, applicant or participant in the examination of witnesses that is conducted during the Defense Phase of the disciplinary process.

“Although normative standards endorsed by professional associations may limit fundamental rights, there are constitutional and legal limits, the exceeding of which determines legal censorship of such standards,” the text of the recommendation states.

Author: Lusa
Source: CM Jornal

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