Chamber

Articles of Association of the Serbian Chamber of Healthcare Institutions

Ажурирано 13.10.2012. године

Pursuant to Article 163 of the Law on Health Care ("Official Gazette RS", no. 107/05), and Article 10, paragraph 3, point 1 of the Chamber’s Articles of Associations, the Assembly of the Serbian Chamber of Healthcare Institutions, on the session held on 6 March 2007, issued, and on the session held on April 05, 2012, amended and adopted rectified

 

ARTICLES OF ASSOCIATION

of
Serbian Chamber of Healthcare Institutions

 

I GENERAL PROVISIONS

Article 1

The Serbian Chamber of Healthcare Institutions (hereinafter: the Chamber) is an association of healthcare institutions and other legal entities engaged in healthcare activity in the Republic of Serbia.

By setting up the Chamber, the Chamber’s members achieve their common objectives, which are: the improvement of operations, the economics of operations, and implementation of other tasks and goals of common interest in line with the law, other regulations and these Articles of Associations.

Article 2

The Chamber is a legal entity with the rights, obligations, and responsibilities specified by the law and by these Articles of Association.

In legal transactions with third parties, the Chamber shall come forward in its own name and on its own behalf.

On the grounds of special authorisations, the Chamber shall come forward in its own name and on behalf  of a Chamber’s member or in the name of and on behalf of the member which issued the authorisation.

In legal transactions, the Chamber shall be liable for its responsibilities with all its property.

The Chamber shall operate under the name of: The Serbian Chamber of  Healthcare Institutions - Belgrade.

The seat of the Chamber shall be in Belgrade, 4 - 6 Hajduk Veljkov venac.

The Chamber shall, for the purpose of more efficient operations and functioning, establish Chamber’s regional branches.

The Chamber shall have a current account.

Article 3

The Chamber’s property consists of: the right of property over movables and immovables, finances, securities and other property and non-property rights.

Article 4

The Chamber shall have a seal and a stamp.

The seal shall be round, with a 30 mm diameter, reading around the rim in Cyrillic letters: \'\'the Serbian Chamber of Healthcare Institutions\'\', and across the diameter, reading the seat of the Chamber.

The stamp shall be rectangular, with dimensions 30x60 mm, with the text from paragraph 2 of this Article and the seat written in Cyrillic letters, with the empty space for the protocol entry number and date.

The Chamber seal and stamp used in an organisational unit seated outside of the Chamber seat, shall also contain the seat of the organisational unit as well as the text stated in paragraph 2 of this Article.

The Chamber’s Secretary General or the person authorised by the Secretary General shall be responsible for the use of the seal.

The Chamber shall have its trade mark – logo, whose visual identity shall be defined by the Management Board.

Article 5

The Chamber’s affairs shall be managed by Chamber’s members through their representatives in the Chamber’s bodies and subsidiary bodies, elected in the manner stipulated by these Articles of Association.

 

II CHAMBER’S ACTIVITIES

Article 6

The Chamber’s activities shall be:

  • representing common interests of Chamber’s members in the functioning of healthcare system, developmental and economic policies before state and other bodies, 
  • ensuring the development and quality of the healthcare system, healthcare organisations and healthcare insurance system, in cooperation with bodies and organisations working in the interest of healthcare institutions,
  • launching initiatives for the legislation, regulations and other measures on healthcare policy to be adopted,    
  • taking part in the preparation of laws and other regulations of interest to members of the Chamber,  
  • participating in the process of passing a general act governing the conditions, criteria and standards for concluding contracts with healthcare institutions and for establishing compensation for their work for each calendar year,
  • participating in the drafting of a special collective agreement for healthcare activity,
  • giving opinions on bills, draft laws and regulations of interest to members of the Chamber,
  • realisation and harmonisation of common interests, common planning, etc.,
  • providing assistance in developing activity programmes and other general acts, as well as providing direct professional assistance to members of the Chamber in the implementation of laws and other regulations,
  • participation in developing staff norms, work standards, standards of healthcare services and the rational use of resource capacities,
  • achieving mutual cooperation and division of work, as well as other issues of common interest for members of the Chamber,
  • obtaining and maintaining cooperation with similar organisations and associations abroad,  
  • promoting information of Chamber’s members and other interested parties through the Chamber’s information system and connecting with relevant information systems in the country and abroad, as well as through the publication of the Chamber’s special journal,
  • organising and coordinating the training of personnel in the healthcare sector,
  • publishing activity of importance for healthcare activities and healthcare institutions,
  • performing other duties and responsibilities as set forth by law, other regulations and general acts of the Chamber.

The tasks belonging to the Chamber sphere of competence, set forth by the law, these Articles of Association and other Chamber’s general acts, shall be effectuated and carried out in line with and according to the procedure envisaged by these Articles of Association and other Chamber’s general acts.

 

III RIGHTS, OBLIGATIONS AND DUTIES OF CHAMBER’S MEMBERS

Article 7

The Chamber’s members shall be equal in their rights, obligations and duties with regard to the Chamber.

A full member of the Chamber shall be a healthcare institution which has acceded the Chamber pursuant to a decision of its competent organ and accepted the Chamber’s Articles of Association.

The decision on accession shall be verified by the Chamber’s Management Board.

The rights, obligations and duties of the Chamber’s members shall be:

  • managing the Chamber’s affairs,
  • electing the Chamber’s bodies,
  • working on the fulfilling of tasks pertaining to the Chamber’s sphere of competence and its activity plan,
  • initiating the passing of laws and other regulations and participating in their implementation, as well as suggesting and implementing health policies,
  • complying with these Articles of Association, general acts and other decisions of the Chamber’s bodies,
  • using professional assistance, as well as the Chamber’s services, in line with the law and these Articles of Association,
  • providing funds for the Chamber’s operation.

The Chamber’s tasks shall be carried out by its members directly or by participating in the work of the Chamber’s bodies.

Article 8

The membership in the Chamber shall cease by:

  1. withdrawal, with 3 months cancellation period,
  2. termination of existence – further to a decision of a competent body on the healthcare institution termination,
  3. exclusion due to not paying membership fees for 3 or more months,

The decision on exclusion, mentioned in point 3 of this Article shall be made by  the Chamber’s Management Board.

 

IV CHAMBER’S BODIES

Article 9

The Chamber’s bodies shall be:

  • the Chamber’s Assembly,
  • the Chamber’s Management Board,
  • the Chamber’s Supervisory Board,
  • the Chamber’s Secretary.

1. The Chamber’s Assembly

Article 10

The Chamber’s Assembly shall be the highest Chamber’s organ and, as a rule, shall comprise the directors of Chamber’s members.

Within its sphere of competence, the Chamber’s Assembly shall:

a) pass and adopt:

  1. the Chamber’s Articles of Association,
  2. the Chamber’s Activity Plan,
  3. the Chamber’s Financial Plan,
  4. the Chamber’s Annual Activity Report,
  5. the Chamber’s Annual Report on Financial Operations,
  6. The decision on the basis, rate, manner of payment and timelines for the payment of membership fees,
  7. The decision on the establishing of its Commissions and other working bodies,
  8. The reports on the work of the Assembly’s bodies and subsidiary bodies,
  9. Its Rules of Procedure,

b) further to the proposal of the Personnel Commission or the reasoned proposal of ten Chamber’s members, define the composition of the Management  Board and Supervisory Board, elect and absolve the Assembly’s Chairperson and Deputy Chairperson,

v) perform other task set forth by the law, these Articles of Association and other Chamber’s general acts.

Article 11

The director of a Chamber’s member can authorise another person to vote on his/her behalf.

Article 12

The Chamber’s Assembly shall elect among its members the Assembly’s Chairperson and Deputy Chairperson, for a four-year mandate.

The Assembly’s Chairperson and Deputy Chairperson shall be accountable to the  Chamber’s Assembly for their work.

The Chairperson of the Chamber’s Assembly shall represent the Chamber, call and run Assembly sessions, be responsible for the application of the Chamber’s Articles of Association and Assembly’s Rules of Procedure, sign decisions and other acts passed by the Assembly and perform other tasks specified in Assembly’s Rules of Procedure.

The Deputy Chairperson of the Chamber’s Assembly shall replace the Chairperson when absent or unavailable.

Should both the Chairperson and Deputy Chairperson of the Chamber’s Assembly be absent, the Assembly shall be chaired by a member selected by the Chamber’s Assembly.

Article 13

The Chamber’s Assembly shall meet in sessions.

The Chamber’s Assembly shall be called by the Assembly’s Chairperson who also runs the sessions.

The Assembly can make decisions effectively if more than one half of the Assembly members is present at a session.

The presence of a majority of the Assembly members shall be required for any decision to be taken.

The Assembly shall reach decisions by the vote of the majority of the present Assembly members.

As a rule, the Assembly shall meet once a year.

An Assembly session shall be called should this be requested by one fifth of the Chamber’s members, by the Management Board or by Supervisory Board.

2. The Management Board

Article 14

The Management Board is the Chamber’s managing body.

The composition of the Management Board shall be defined by the Assembly.

When defining the composition of the Management Board, the Assembly shall take care that all types of healthcare institutions are represented, as well as that appropriate territorial representation is provided, the territorial representation being provided by the election of at least one representative from all counties in the Republic of Serbia.

The Management Board shall have 53 members.

At the constituting session, the Management Board shall elect Chairperson and Deputy Chairperson of the Management Board.

The Management Board’s Chairperson shall call and run the Management Board’s sessions, be responsible for the application of the Chamber’s Articles of Association, and the Management Board’s Rules of procedure, sign decisions and other acts passed by the Management Board and perform other tasks specified in the Management Board’s Rules of Procedure.

A Chamber’s member shall be represented on the Board through its representative, who is, as a rule, the director of a healthcare institution or a person authorised by the director.

The mandate of the Management Board’s members shall last for four years, and the members shall be eligible for the re-election.

Article 15

The Management Board shall meet in sessions taking place as the need arises, and at least four time a year.

The Management Board can effectively make decisions if more than one half of the Management Board is present at a session.

Management Board shall reach decisions by the vote of the majority of the present Management Board’s members. Should the result of a voting be a draw, the voting procedure shall be repeated until a decision is reached with a majority vote.

Article 16

Within its sphere of competence, the Management Board shall:

 

1. Define proposals of the following documents for the Assembly:

  • the Chamber’s Articles of Association,
  • the Chamber’s Activity Plan,
  • the Chamber’s Annual Activity Report,
  • the Chamber’s Financial Plan,
  • the Chamber’s Annual Report on Financial Operations,
  • The decision on the basis, rate, manner of payment and timelines for the payment of membership fees,

2. Pass:

  • Decision on the Appropriation of Chamber’s Funds,
  • the Chamber’s Capital Assets Procurement Plan,
  • Decision on the Alienation of the Chamber’s Capital Assets,
  • Act on the Organisation and Work of the Professional Service,
  • Decision on the Establishing of Occasional Commissions and Other Working Bodies,
  • Decision on Business Trips Abroad,
  • Its Rules of Procedure,

3. in the best interest of the Chamber’s members, participate in the procedure of the passing of a general act defining conditions and criteria for the conclusion of contracts with the members – healthcare institutions, when contracting and financing health care,

4. Launches initiatives for the passing of laws and amendments to laws and other regulations and health-policy measures,

5. Elect and appoint the Chamber’s Secretary, on the basis of conducted public competition,

6. Absolve the Chamber’s Secretary before the end of the mandate,

7. Consider the issues of importance for health care in general and reach a decision on these matters, define standpoints, and takes measures and activities for their implementation,

8. Represent interests of the Chamber’s members before the authorities and other bodies, organisations and associations,

9. Represent interests of the Chamber’s members with regard to the concluding of particular and collective contracts by the employers, on the grounds of commonly taken standpoints,

10. Monitor the execution of tasks of the Chamber’s Professional Service and take measures to improve the work of Professional Service ,

11. Perform other tasks defined by law, these Articles of Association and other Chamber’s general acts.

3. The Chamber’s Supervisory Board

Article 17

The Supervisory Board shall control the legality of the Chamber’s work and operation, particularly of:

  • The implementation of the Articles of Association and other Chamber’s general acts and of decisions reached by the Assembly and Management Board,
  • exercising of rights and complying with the obligations of the Chamber’s members,
  • using of the Chamber’s funds, and its financial operations,
  • exercising of rights and complying with the obligations of the Chamber’s Professional Service  in accordance with these Articles of Associations and other Chamber’s general acts,
  • the work of the Chamber’s Secretary and his/her Assistant.

The Supervisory Board shall also perform other tasks delegated to it by the  Chamber’s Assembly or further to is own initiative.

Article 18

The Chamber’s Supervisory Board shall have 5 members and they shall be elected by the Chamber’s Assembly among the representatives of the Chamber’s members.

At a constitutive session of the Supervisory Board, the Supervisory Board’s members, shall elect Chairperson and Deputy Chairperson of the Supervisory Board, among its members.

The mandate of the Supervisory Board’s members shall last for four years.

The Supervisory Board shall be accountable for its work to the Chamber’s Assembly.

4. The Chamber’s Secretary

Article 19

The Chamber’s Secretary shall:

  • be responsible for the legality of the work of the Chamber and its Professional Service,
  • represent the Chamber with regard to property and other legal affairs,
  • organise, manage and control the performing of professional affairs in the  Chamber and take measures to improve those affairs,
  • propose the Chamber’s Financial Plan and order the implementation of the Chamber’s Financial Plan,
  • prepare the sessions of the Chamber’s bodies and execute decisions and other acts passed by those bodies,
  • be responsible for the Chamber’s financial operations,
  • be responsible for the implementation of the Labour Law with regard to the employees of the Chamber’s Professional Service,
  • pass the Rule Book on Job Classification of the Chamber’s Professional Service,
  • cooperate with the Professional Service’s union with regard to the issues of material, employment and legal status of the Chamber employees, in line with General collective agreement and signs collective agreement in line with the law,
  • submit report on Professional Service’s activities,
  • submit Annual Financial Report on the Chamber’s operation,
  • on the basis of Capital Assets Procurement Plan, pass a decision on the procurement of the Chamber’s capital assets and be accountable to the Chamber’s Management Board for the implementation of the Chamber’s  Capital Assets Procurement Plan.
  • Perform other tasks defined by law, Articles of Association and general acts of the Chamber.

Performing the tasks from his/her sphere of competence, the Chamber’s Secretary shall pass decisions independently and be accountable to the Chamber’s Management Board and the Assembly’s Chairperson.

Certain authorisations from his/her sphere of competence, can be transferred by the Chamber’s Secretary to the Chamber’s employees working on positions with special authorisations and responsibilities.

Article 20

The Chamber’s Secretary shall be elected via public competition, announced in one of daily papers or official journals.

The Chamber’s Secretary shall be elected by the Management Board further to a proposal of the Competition Commission for a four-year mandate, and shall be eligible for re-election.

The Management Board shall appoint a four-member Competition Commission to elect the Chamber’s Secretary.

Article 21

A candidate can be elected for the position of the Chamber’s Secretary, if he/she fulfils the following special conditions, apart from those stipulated by the law:

He/she shall have a university degree in the area of health, economy or law and outstanding results in the healthcare sector.

Article 22

The competition for the appointment of the Chamber’s Secretary shall be announced by the Chamber’s Management Board at latest 3 months prior to the expiry of the mandate the Secretary has been appointed for, in line with the law.

The Competition Commission shall establish whether the candidates who applied fulfil the competition conditions and elect a candidate by a majority vote, who shall, with a justification, be proposed to the Management Board to be appointed as the Chamber’s Secretary.

Article 23

If a candidate could not have been timely appointed to the position of the Chamber’s Secretary, or the proposed candidate has not been elected, the Management Board shall appoint an acting Chamber’ Secretary for a term in office not longer than a year.

The acting Chamber’s Secretary shall have all duties and rights of the Chamber’s Secretary.

Article 24

Further to a proposal of the Chamber’s Secretary, the Chamber’s Management Board can appoint an Assistant to the Chamber’s Secretary.

The Assistant to the Secretary shall be accountable to the Chamber’s Secretary  and the Chamber’s Management Board.

 

Article 25

The Chamber’s Secretary can be absolved prior to the expiry of the mandate in cases envisaged by the law and further to a reasoned proposal of: at least ten Chamber’s members or five Management Board’s members or Supervisory Board of the Chamber, should:

1. he/she not perform the duties in line with the law, these Articles of Association and the Chamber’s general acts and decisions of Chamber’s bodies,

2. damaging consequences for the Chamber or Chamber’s members occur due to his/her actions or failure to act.

The decision mentioned in paragraph 1. of this Article shall be made by the Management Board.

Article 26

During the mandate, the Chamber’s Secretary shall have a  permanent full-time employment in the Chamber and shall perform his/her functions professionally as the only occupation.

 

The termination of the mandate in the Chamber bodies

Article 27

The mandate of the Chamber’s Assembly and Management Board’s Chairperson and Deputy Chairperson shall be terminated prior to its expiration if:

  • they resign,
  • they are absolved by the Assembly for not complying with the Articles of Association and other Chamber’s general acts, for not attending the Assembly and Management Board sessions regularly, and for conducting activities which are not in the interest of the Chamber’s members,
  • their employment at a healthcare institution is terminated.

In case of mandate termination in line with paragraph 1. of this Article, the mandate of the newly elected person shall last until the expiry of the predecessor’s mandate.

 

 

V CHAMBER AUXILIARY BODIES

1. Assembly Commissions

Article 28

In order to perform tasks within its sphere of competence the Chamber Assembly shall establish:

1. Statutory Commission,

2. Personnel Commission.

The Commissions stated in paragraph 1 of this Article, shall consist of chairperson and 8 members – representatives of the Chamber members, who shall be elected for a four-year mandate.

Competences and manner of work of the Commissions stated in paragraph 1 of this Article and other issues of interest for their work, shall be defined by the Rules of Procedure of the Chamber Assembly.

By a special decision, the Chamber Assembly can establish other commissions and working bodies, as well as occasional working bodies, with the mandate and the task stipulated in the decision on their establishing.

2. Management Board’s Commissions

Article 29

The Chamber’s Management Board, for the purpose of more efficient work and performing of certain tasks, shall establish:

  1. Commission for the Primary Health Care,
  2. Commission for the Secondary Health Care,
  3. Commission for the Tertiary Health Care,
  4. Commission for the Standards of Health Services and Equipment,
  5. Commission for Legal, Economic and Financial Affairs,

The Commissions stated in paragraph 1 of this Article, shall consist of chairperson and 6 members – representatives of the Chamber’s members, who shall be elected for a four-year mandate.

Competences and manner of work of the Commissions stated in paragraph 1 of this Article and other issues of interest for their work, shall be defined by the Rules of Procedure of the Management Board.

By a special decision, the Management Board can establish other commissions and working bodies, as well as occasional working bodies, with the mandate and the task stipulated in the decision on their establishing.

 

 

 

VI FUNDS FOR OPERATION AND FINANCING OF CHAMBER

Article 30

The funds for the Chamber’s operation shall be provided from:

  • Membership fee paid by the Chamber’s members,
  • The special agreements on the performing of tasks from the Chamber’s sphere of work (preparing certain elaborates, etc.),
  • Incomes coming from other sources (donations, grants),
  • Incomes obtained on the basis of executing marketing activities.

Article 31

The Chamber Financial plan defines total funds necessary for the Chamber’s work during one calendar year, in line with the Activity  Plan.

As a rule, the Chamber Financial plan shall be adopted at the end of one year for the following year.

Article 32

The Chamber funds shall be kept in a current account with a commercial bank.

 

VII PUBLICITY OF CHAMBER’S WORK

Article 33

The publicity of the Chamber’s work shall be provided through the accessibility of the work of all Chamber’s bodies and subsidiary bodies as well as by providing information or reports on the Chamber’s work to its members and other bodies and organisations the Chamber cooperates with.

Article 34

The representatives of the media may be present at the sessions of the Chamber’s bodies and subsidiary bodies on the Chamber’s premises.

In order to protect the interest of its members and health care in general, the Chamber’s bodies, may, exceptionally, decide to discuss and solve certain issues without the presence of the media.

Article 35

The information on the work of the Chamber shall be given by the Assembly’s Chairperson, Management Board’s Chairperson and the Secretary of the Chamber, i.e. person authorised by the Secretary, in line with the decisions and standpoints taken by the Chamber’s bodies and they shall be held responsible for the veracity of the provided data.

By a separate decision, the Chamber’s bodies set forth which documents and data, whose disclosure to an unauthorised person, due to their nature and importance, would by contrary to the interest of the Chamber and its members,  shall be confidential.

 

VIII CHAMBER’S PROFESSIONAL SERVICE

Article 36

The professional, administrative and support tasks of the Chamber and its bodies shall be performed by the Chamber's Professional Service.

The Chamber’s Professional Service shall:

  • perform professional activities on the implementation of the Articles of Association, decisions,  conclusions and other Chamber’s acts,
  • prepare information, analyses and drafts of general and other acts for the needs of the Chamber and its members,
  • analyse financial operations of healthcare institutions, as well as prepare special analysis in the mentioned area,
  • provide professional assistance to members of the Chamber directly or through organised forms (conferences, seminars, and expert-consultative meetings and the like)
  • prepare initial proposals for the adoption or amendment of decisions and other regulations of interest for the Chamber’s members,
  • make models of general acts of healthcare institutions,
  • perform professional and administrative tasks with regard to publishing of the Chamber’s magazines - "Health Care" and "Newsletter",
  • also performs other tasks entrusted to it by the Chamber’s bodies.

 

In carrying out its duties, the Chamber’s Professional Services cooperates with the professional services of the Chamber’s members, republic, provincial and local bodies in charge of healthcare activities and with the professional services of other bodies and organisations, unions, etc.

Article 37

The organisation and work of the Chamber’s Professional Service shall be defined by an act on the organisation and work of the Chamber’s Professional Service.

 

IX CHAMBER’S GENERAL ACTS

Article 38

The Chamber’s general acts are: the Chamber’s Articles of Association, rule books, rules of procedures, recommendations, standpoints and guidelines, passed by the Chamber’s bodies.

When regulating certain issues in a general, general acts shall be decisions and conclusion of a Chamber’s body.

Article 39

The Chamber’s Articles of Association shall be passed by the Chamber’s Assembly, further to a proposal of the Management Board, with an opinion previously issued by the Statutory Commission.

Article 40

The initiative for the amendments of the Articles of Associations and other general acts can be initiated by:

  1. Management Board,
  2. Supervisory Board,
  3. a Chamber’s member,
  4. Statutory Commission,

Article 41

The Chamber’s Articles of Association shall be amended following the same procedure defined for their passing.

Article 42

All Chamber’s general acts shall be in compliance with the Chamber’s Articles of Association.

The Chamber’s Articles of Association and other Chamber’s general acts shall come into force on the eighth day from the day of their publishing in the Chamber’s “Newsletter”, and for particularly justified reasons the organ passing them can determine they come into force sooner.

 

X TRANSITIONAL AND FINAL PROVSIONS

Article 43

On the day of coming into effect of these Articles of Association, the Articles of Association of the Serbian Chamber of Healthcare Institutions of 18 January1996 shall cease to be effective.

 

 

                                                                                                                     the Assembly’s  Chairperson

                                                                                                                         Mr dr Dejan Stanojevic

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