A professional order is an organization which, in a given territory, comprises all the members of the same profession, a profession which can generally be exercised in a liberal manner and which ensures a form of regulation of the profession in question.
Unlike a trade union or a professional association, membership in a professional order is not a faculty, but an obligation for the professional, since registration in the order is a necessary condition for the practice of the profession.
Such associations have existed since before the 16th century; for example, the
Royal College of Physicians
The Royal College of Physicians (RCP) is a British professional membership body dedicated to improving the practice of medicine, chiefly through the accreditation of physicians by examination. Founded by royal charter from King Henry VIII in 1 ...
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" (in French: "Barreau"), which were created in the 17th century. Medical orders are more recent, but the creation of the Order of Physicians in
France
France (), officially the French Republic ( ), is a country primarily located in Western Europe. It also comprises of Overseas France, overseas regions and territories in the Americas and the Atlantic Ocean, Atlantic, Pacific Ocean, Pac ...
in 1940 is the culmination of fifty years of claim. The one in
Belgium
Belgium, ; french: Belgique ; german: Belgien officially the Kingdom of Belgium, is a country in Northwestern Europe. The country is bordered by the Netherlands to the north, Germany to the east, Luxembourg to the southeast, France to th ...
was created in 1938 while its
Quebec
Quebec ( ; )According to the Canadian government, ''Québec'' (with the acute accent) is the official name in Canadian French and ''Quebec'' (without the accent) is the province's official name in Canadian English is one of the thirtee ...
counterpart, the
Collège des médecins du Québec
The ''Collège des médecins du Québec'' (CMQ), or Quebec College of Physicians, is a professional organization responsible for setting educational standards for physicians, regulating the practice of medicine, and policing its members at the prov ...
(Quebec College of Physicians) (CMQ), 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 by an implementing decree taken by the Council of State Gives its status.
Under the pressure of the
World Trade Organization
The World Trade Organization (WTO) is an intergovernmental organization that regulates and facilitates international trade. With effective cooperation
in the United Nations System, governments use the organization to establish, revise, and e ...
, relayed by the
European Union
The European Union (EU) is a supranational political and economic union of member states that are located primarily in Europe. The union has a total area of and an estimated total population of about 447million. The EU has often been des ...
, 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 a professional order for a better protection of the public. In addition, some professional associations claim the status of a professional order in order to demonstrate their professionalism and to 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 (verification of the professional qualification, possibly validation of diplomas) and its follow-up (keeping of registration registers of members);
* 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.
An order is not a union. They are not in opposition but complement each other. While the union defends the interests of professionals only, the council promotes the interests of the profession. The latter may, for example, in disciplinary training, punish a professional who behaves contrary to the interests of the profession, which is absolutely not the case with trade unions. In addition, the council of public order has powers of public authority which enable it to take administrative decisions, unlike unions whose powers are strictly governed by private law.
In the Canadian
province of Quebec
Quebec ( ; )According to the Canadian government, ''Québec'' (with the acute accent) is the official name in Canadian French and ''Quebec'' (without the accent) is the province's official name in Canadian English is one of the thirteen p ...
, 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 (Council of the Order of Massagers Physiotherapists , Order of Massagers Physiotherapists),
*
Ordre des sages-femmes (National Council of the College of Midwives of the College of Midwives)
*
Ordre des médecins (Council of the Order of Physicians in France),
*
Ordre national des pharmaciens (National Order of Pharmacists),
*
National Order of Nurses (Ordre national des infirmiers),
*
National Order of Dental Surgeons (Ordre national des chirurgiens dentistes),
*
Ordre national des pédicures-podologues (National Order of Pedicures-Podiatrists).
Orders of the legal and judicial professions:
*
Conseil national des barreaux (National Council of Bars and Law Societies),
*
Conseil supérieur du notariat (High Council of Notaries),
*
Ordre des avocats au Conseil d'État et à la Cour de cassation (Bar Association of the Council of State and the Court of Cassation),
*
Ordre des avocats de Paris (Paris Bar Association),
*
Chambre nationale des huissiers de justice (National Chamber of Judicial Officers).
Orders of technical professions:
*
Ordre des architectes (National Council of the Ordre des architectes),
*
Ordre des géomètres-experts (Order of surveyors),
*
Ordre national des vétérinaires (Order of Veterinarians (France)),
*
Conseil Supérieur de l'Ordre des experts-comptables (Order of Chartered Accountants).
In Portugal
In
Portugal
Portugal, officially the Portuguese Republic ( pt, República Portuguesa, links=yes ), is a country whose mainland is located on the Iberian Peninsula of Southwestern Europe, and whose territory also includes the Atlantic archipelagos of ...
, the legal framework of professional public associations (''associações públicas profissionais'') is regulated by Law No. 2/2013 of 10 January. Such associations are called "Order" (''Ordem'') if they relate to professions whose practice requires prior academic qualification of a university degree, and "Chamber" (''Câmara'') if otherwise.
The President of a Professional Order has the distinctive title of ''Bastonário''
(literally, Mace-bearer).
There are currently 18
Professional Orders in Portugal.
In Quebec (Canada)
In
Quebec
Quebec ( ; )According to the Canadian government, ''Québec'' (with the acute accent) is the official name in Canadian French and ''Quebec'' (without the accent) is the province's official name in Canadian English is one of the thirtee ...
province, in
Canada
Canada is a country in North America. Its ten provinces and three territories extend from the Atlantic Ocean to the Pacific Ocean and northward into the Arctic Ocean, covering over , making it the world's second-largest country by tot ...
, the
Professional Code of Quebec supervises 46 professional orders and 54 professions, which are governed by the
Office des professions du Québec (OPQ). Their fundamental mission is the protection of the public, through their supervision of the exercise of one or more professions. Originally adopted in 1973, this Code has been amended several times to adjust to the evolution of professional services. As of March 31, 2016, the OPQ is composed of {{formatnum:385205 professionals, including 39.0% of men and 61.0% of women. At that time, the "Ordre des infirmières et infirmiers" (Order of Nurses) (OIIQ) had 74206 members, the
Ordre des ingénieurs du Québec
The Ordre des ingénieurs du Québec (OIQ) is the self-regulatory body that governs Quebec's 65,000 professional engineers. In Quebec, the OIQ carefully monitors compliance with rules of this trade and with the professional integrity of its membe ...
(OIQ) 62068 members, and the Ordre des comptables professionnels agrees (OCPAQ) 37963 members.
Website of the Office des Professions du Québec (OPQ), consulted on April 16, 2017
/ref> See the articles: Office des professions du Québec and Professional Code of Quebec.
See also
*Regulatory college
Regulatory colleges are legal entities in Canada charged with serving the public interest by regulating the practice of a profession. They function as professional associations that are state-sanctioned occupational closure, to regulate the practic ...
References
*
Types of organization