Organic Law of the College of Nutritionists and Dietitians of Honduras

The College of Nutritionists and Dietitians of Honduras is established as an autonomous entity of public internal law, with legal personality and its own assets, which shall be governed by the Law of Mandatory Professional Registration, by this Law, its regulations, and by other laws to the extent not provided for herein. This Professional College is established with full capacity for the fulfillment of its objectives and the exercise of its functions throughout the territory of the Republic of Honduras. The domicile of the College shall be the Capital of the Republic of Honduras.

The College of Nutritionists and Dietitians of Honduras is established with the following university professionals:

• 1)

  DIETITIAN: Professional with a minimum of three (3) years of accredited higher university education with experience in the principles of nutrition and administration in menu planning, food preparation, and distribution for collectivities;

• 2)

  BACHELOR OF NUTRITION: Health professional at the higher university level with a minimum of four (4) years of education qualified by their preparation and experience to direct, supervise, and administer matters pertaining to nutrition and food in the various health services, both public and private. Must work in all those areas in which nutrition and food are fundamental for preserving, promoting, and recovering the health of individuals and population groups. Must contribute to the improvement of quality of life through nutritional surveillance;

• 3)

  NUTRITIONIST: Health professional at the higher university level with a minimum of five (5) years of education qualified by their preparation and experience to direct, supervise, and administer matters pertaining to nutrition and food in the various health services and food and dietetic services of the public and private sectors. Must work in all those areas in which nutrition and food are fundamental for preserving, promoting, and recovering the health of individuals and population groups. Must contribute to the improvement of quality of life through nutritional surveillance, evaluation and dietetic-therapeutic treatment, specifically in the care of pathologies of malnutrition with ethical principles, considering the economic, political, social and cultural reality of the country; and,

• 4)

  SPECIALIST IN NUTRITION: With a minimum of two (2) years of specialized education qualified receiving the title of Doctor of Nutrition provided that they have met any of the requirements established in numerals 2) and 3).

Registration with the College is an indispensable requirement for the exercise of the profession of Nutritionist and Dietitian. This is understood as the exercise of the profession, the performance of all activities corresponding to the Professional Profile of the Nutritionist or Dietitian, paid or unpaid, exercised by the Professional Nutritionist, Dietitian, as prescribed in Article 2 of this Law. Whoever exercises the profession of Nutritionist or Dietitian without prior corresponding registration with the College of Nutritionists and Dietitians of Honduras shall incur the crime of usurpation as defined in Article 293 of the Penal Code.

The College of Nutritionists and Dietitians of Honduras has as its scope of action the quality of life through nutritional surveillance, evaluation and dietetic-therapeutic treatment, specifically in the care of pathologies of malnutrition with ethical principles, considering the economic, political, social and cultural reality of the country; and all aspects related to the professional activities of the Nutritionist and Dietitian in both the Public and Private Sectors. The following professionals shall qualify to register as members of the College of Nutritionists and Dietitians of Honduras and consequently may exercise in the nutritional field and advertise themselves as such:

• 1)

  Specialists in Nutrition;

• 2)

  Nutritionists;

• 3)

  Bachelors of Nutrition;

• 4)

  Dietitian with properly registered and recognized University Degree; and, 5) General Practitioners, Internal Medicine Physicians, Pediatricians, and Endocrinologist Physicians or others with specialization in Nutrition as stipulated in the current Regulations on Medical Specialties of the Medical College of Honduras. The following persons do not qualify to register with the College of Nutritionists and Dietitians of Honduras: 1) University Diploma: Serve only as illustrative training, general culture or continuing education of health professionals or other individuals; however, they cannot advertise themselves as Nutrition Professionals based on a Diploma. Short courses of shorter duration than diplomas are also considered in this category; and, 2) University Professionals from fields outside health areas with courses or Master's degrees in the area of food or nutrition.

The objectives of the College of Nutritionists and Dietitians of Honduras are:

• 1)

  To exercise professional representation of its members;

• 2)

  To regulate the exercise of the Profession of Nutrition and Dietetics throughout the Republic;

• 3)

  To protect the freedom of professional exercise of the members;

• 4)

  To defend and protect the rights of the College and its members;

• 5)

  To promote solidarity and mutual aid among members;

• 6)

  To issue and apply the Professional Code of Ethics for the Nutritionist and Dietitian;

• 7)

  To propose and guide the fields of professional competence of the Nutritionist or Dietitian in service of the needs and interests of the country;

• 8)

  To organize and regulate professional exercise and its defense throughout the country, in accordance with the standards established by the Professional Code of Ethics;

• 9)

  To contribute to the analysis and search for solutions to the problems of food, nutrition and health of the country;

• 10)

  To promote, encourage and collaborate in the better education of the Nutritionist or Dietitian professional and in the elevation of their scientific and technological level by encouraging research and promoting perfection studies;

• 11)

  To disseminate knowledge in the professional field and encourage research, giving special emphasis to the study of the food and nutritional reality of the country and the social, cultural and economic problems that determine it;

• 12)

  To promote and maintain intra-institutional, national and international solidarity of Nutritionist or Dietitian professionals, seeking national and international rapprochement with colleagues in Nutrition or Dietetics;

• 13)

  To cooperate with the Judicial Branch promoting the development of the profession in the field of judicial expertise in nutrition. Judicial expertise in food, nutrition and diets is a private function inherent to the Nutritionist or Dietitian professional;

• 14)

  To achieve optimal working conditions and due recognition for the work of the nutritionist or dietitian;

• 15)

  To require nutritional control in collective feeding in Hotels, Restaurants, Hospitals, Food Processing Industries, Schools and similar establishments, companies, spas, ambulatory clinics, public and private clinics. Medical visits with professionals teaching in the area of Nutrition and Dietetics, Public Health and related Programs. Nutritional Surveillance of School Meals. Companies that provide food to a minimum of one hundred (100) or more employees must have a Nutrition Professional;

• 16)

  To require nutritional control in Clinical Nutrition in Hospitals and Clinics, milk banks or similar, gymnasiums, aesthetic centers dedicated to weight reduction or in which weight control is promoted;

• 17)

  To ensure that Nutrition or Diets are not used for fraudulent purposes or exploitation; and,

• 18)

  To promote and participate in activities of Direction, Advisory, Supervision, Coordination, Planning, Organization, Execution, Monitoring and Evaluation of Nutrition Services and/or Programs, both in the hospital field, private clinical nutrition as well as public health, education, agriculture, commerce and industry.

The College of Nutritionists and Dietitians of Honduras has the following powers and functions:

• 1)

  To request from the State the granting of all kinds of facilities and support for the fulfillment of its objectives;

• 2)

  To collaborate with public and private entities that require it, providing advice or human resources in exceptional situations that occur in the country;

• 3)

  To answer inquiries and issue reports on matters related to food and nutrition in all its fields;

• 4)

  To denounce the improper dissemination and commercialization of food products, equipment and food materials, requesting from the pertinent agency the corresponding sanctions;

• 5)

  To establish and promote systems of social protection and welfare for the benefit of members and their families;

• 6)

  To integrate Commissions for competitive selection for the provision of positions of Nutritionists or Dietitians in the public sector, with the rights established in the pertinent regulations;

• 7)

  To intervene through representation or opinion in matters related to the profession of Nutrition or Dietetics;

• 8)

  To sponsor events, works and research that contribute to improving the nutritional level of the population;

• 9)

  To participate in the preparation of standards on Food, Nutrition and Diets, and in those related to the exercise of the profession;

• 10)

  To sanction its members who in the corresponding investigative process are found responsible for violations of the Professional Code of Ethics, this Law and current regulations;

Members of the College of Nutritionists and Dietitians of Honduras are all Nutritionists, Dietitians or Physicians with specialization in Clinical Nutrition, as prescribed in Article 2 of this Law, residing in the country or abroad who hold the minimum degree of Bachelor's and who are registered in the Registry of the College in accordance with current legal provisions.

Members are full members and are.

Full members of the College of Nutritionists and Dietitians of Honduras are all Nutritionists, Dietitians or Physicians with specialization in Clinical Nutrition, prior to the incorporation of their degree before the National Autonomous University of Honduras (UNAH), as prescribed in Article 2 of this Law, residing in the country or abroad who hold a valid degree, prior to application for registration and accreditation of their status as a Nutrition professional, Dietitian or specialization in Clinical Nutrition in the case of Physicians. Registration must be completed within the term of sixty (60) days from the date of presentation of the application, prior to payment at the Treasury of the College of the fee set for that purpose.

An Honorary Member is a person who by special merits or by acts that have contributed to ennoble or benefit the profession or the College of Nutritionists and Dietitians of Honduras is designated as such. Their designation shall be made by the General Assembly of the College of Nutritionists and Dietitians of Honduras in extraordinary session and must be approved by majority.

There shall be a registry of registration of full members which shall have an official character, valid and enforceable for the exercise of the profession, which shall be periodically purged and brought to the attention of interested parties and competent institutions.

The obligations of full members are:

• 1)

  To respect and comply with the standards established in this Organic Law and its regulations;

• 2)

  To ensure the prestige of the profession by ensuring compliance with the Professional Code of Ethics;

• 3)

  To comply with agreements emanating from the Ordinary or Extraordinary General Assembly, Board of Directors of the College and/or its Regional Chapters;

• 4)

  To pay ordinary and extraordinary fees;

• 5)

  To recognize the authority, competence and powers of any directive member of the College, providing them with the facilities for the fulfillment of their function;

• 6)

  To perform with responsibility and efficiency the tasks assigned to them by the College;

• 7)

  If elected to a position, to fulfill the functions inherent to that position, under responsibilities subject to the sanctions established by the Professional Code of Ethics in case of non-compliance; and,

• 8)

  To attend Ordinary or Extraordinary General Assemblies, personally or through a representative.

The rights of full members are:

• 1)

  To exercise the profession in accordance with this Law;

• 2)

  To enjoy the protection and privileges of the College;

• 3)

  To participate in deliberations and cast their vote;

• 4)

  To require compliance with the standards and provisions of this Law, the Professional Code of Ethics and the respective regulations that govern the institutional life of the College;

• 5)

  To require the College to assume their defense in all cases related to professional exercise;

• 6)

  To elect and be elected as members of the Board of Directors, of the regional chapters or delegates of their jurisdiction in accordance with the corresponding provisions;

• 7)

  To request from the President of the Board of Directors of the College the holding of an extraordinary public session of the National General Assembly, using the mechanisms established in this Law;

• 8)

  To make use of the services and facilities provided by the College;

• 9)

  Preferential right to professorships related to Nutrition or Dietetics in institutions of higher education in the country;

• 10)

  To apply with the support of the College for public or private positions whose performance requires the minimum degree of Bachelor of Nutrition or Dietitian; and,

• 11)

  To apply with the support of the College for scholarships offered to Nutrition professionals or Dietitians by national and international organizations.

To register as a full member and exercise the profession, it is required to accredit the following, as appropriate:

• 1)

  Nutritionists or dietitians trained in Honduran universities shall present in original and one photostatic copy, authenticated by notary, the professional degree with the minimum degree of Bachelor in Nutrition or Bachelor Dietitian;

• 2)

  Nutritionists or dietitians trained at a foreign University shall register after the convalidation or recognition of the professional degree by the National Autonomous University of Honduras (UNAH), as appropriate, in accordance with the current provisions on the matter, for which they present the original of the degree;

• 3)

  If situations arise that are not contemplated in this Law, the Board of Directors of the College shall take the appropriate agreements and decisions in accordance with the objectives and powers of this Law.

Registration with the College of Nutritionists and Dietitians is single and mandatory for the exercise of the profession of Nutritionist, Dietitian or shall be made before the Board of Directors or through the Regional Chapters and shall be entered in the Book of Registration of Degrees of the College administered by the Board of Directors of the College.

The application for registration with the College of Nutritionists and Dietitians of Honduras must be submitted within six (6) months following the issuance of the professional degree. Professionals who without justified cause delay their registration with the College of Nutritionists and Dietitians of Honduras shall be subject to an accumulative monthly fine equivalent to the ordinary dues that a member of the College pays monthly and may not practice this profession until obtaining their registration with the College of Nutritionists and Dietitians of Honduras.

To qualify as a Professional Member of the College, the following requirements are necessary:

• 1)

  Complete the registration form attaching:

  • a)

    The original degree from the respective University and an authenticated copy, accompanied by the original degree which shall serve to verify the authenticity of the copy. Likewise, the documents stipulated in Article 14, paragraph 2) of this Law, as applicable;

  • b)

    Written commitment to have full knowledge of the Bylaws and Regulations of the College, and to their complete observance and compliance; and, c) Two (2) passport-sized photographs.

• 2)

  Pay the registration fees in accordance with the single registration rate established by the General Assembly; and,

• 3)

  Be approved following evaluation by the Board of Directors in accordance with the provisions of Article 14 of this Law.

The procedure for professional registration before the Board of Directors is as follows:

• 1)

  Once the requirements set forth in Article 14 of this Law have been fulfilled, the application of the applicant shall be reviewed and evaluated in an ordinary session of the Board of Directors. Approval shall be confirmed with the signature of the file by at least four (4) of the seven (7) members of the Board of Directors, two (2) of whom shall necessarily be the President and Secretary of the Board of Directors. In the justified case of absence of the latter, his or her signature may be replaced by another member authorized in a session of the Board of Directors;

• 2)

  The approved file shall be assigned a Professional Registration Number and its registration in the College's Title Registration Book for the issuance of the Professional Registration Certificate; and,

• 3)

  Once the procedure is completed, the Board of Directors retains the file for the corresponding archive and returns the original degree to its holder.

The application for registration must be resolved within a period not exceeding sixty (60) calendar days. In the event that it is not accepted by the Board of Directors, the applicant has the right to appeal within six (6) days from the notification of such resolution, and it shall be the General Assembly that resolves such appeal.

The Board of Directors shall issue the Member Card, a document that shall serve for the identification of the member at the national level. This document shall contain the name of the professional as it appears in his or her degree, the registration number of his or her membership and the date of issuance and must include the photograph of the member with the hologram of the College. The Member Card shall be signed by the President and Secretary of the Board of Directors and the professional member.

The professional member shall be incorporated as a Professional Member prior to taking an oath in a public ceremony, being granted the corresponding Professional Registration Certificate in which the registration number of his or her membership shall be recorded. CHAPTER V OF THE ORGANIZATION

The College of Nutritionists and Dietitians of Honduras shall have the following governing bodies:

• 1)

  The General Assembly;

• 2)

  The National Board of Directors;

• 3)

  The Court of Honor;

• 4)

  The Chapters;

• 5)

  The Social Security Institute; and,

• 6)

  The Auxiliary Bodies, Institutes, Associations and Special Commissions. CHAPTER VI OF THE GENERAL ASSEMBLY

The General Assembly is the highest deliberative body of the College and shall be composed of the professional members duly convened and may be ordinary or extraordinary. The Ordinary General Assembly must be held on March 28 of each year, in the city of Tegucigalpa, municipality of the Central District, or at the seat of the Chapter as determined in the previous assembly. The Extraordinary General Assembly shall meet always in the city of Tegucigalpa, municipality of the Central District, when so agreed by the National Board of Directors or upon written request by not fewer than fifteen (15) solvent professional members.

General Assemblies shall be held upon prior notice, which may be made by means of a written notice directed to each member of the College, by advertisements in a newspaper of wide circulation or by a radio station of general audience in the country. Notice must be given with fifteen (15) days in advance of the date set for holding them, specifying the purpose of the meeting in the respective notices. Notice for the first and second meeting shall be made in a single notice, with the second meeting to be held twenty-four (24) hours after the time set for the first.

For an assembly to be considered legally convened at first notice, the attendance of more than half of the professional members is required. If the Ordinary or Extraordinary General Assembly is convened by second notice, it shall be considered validly constituted, regardless of the number of members present.

Sessions of the Assemblies shall last as long as necessary for the resolution of the matters listed on the respective agenda. When the discussion and resolution of a matter cannot be completed, its consideration may continue on the following day or days and shall be taken as the continuation of the previous session.

Matters submitted to the knowledge of the General Assembly shall be resolved by majority vote. Voting shall be direct and secret in the cases determined by this Law or its regulations; and professional members shall only have the right to their personal vote and that of a professional member they represent. Representation shall be accredited by means of an authenticated Power of Attorney. The President of the College of Nutritionists and Dietitians of Honduras shall preside over the General Assembly and shall additionally have a tiebreaking vote in case of a tie in voting. No agreements may be taken by acclamation. The resolutions of the General Assembly are final and binding on all professional members and no recourse shall be available against them, except constitutional remedies when applicable.

The powers of the Assembly are:

• 1)

  To propose reforms or amendments to this Law;

• 2)

  To elect and swear in the members of the Board of Directors and the Court of Honor;

• 3)

  To issue the Professional Code of Ethics of the Nutritionist and Dietitian;

• 4)

  To agree on the regulations necessary for the College to carry out its functions;

• 5)

  To annually decree the Budget, based on the draft submitted to it by the Board of Directors;

• 6)

  To establish the ordinary and extraordinary contributions that professional members must pay;

• 7)

  To establish the single registration rate for registration fees with the College;

• 8)

  To hear complaints or appeals against the resolutions of the Board of Directors with the exception of those referring to the election or judgments of the Court of Honor;

• 9)

  To hear appeals against the resolutions of the Board of Directors by which the registration of an applicant with the College is rejected;

• 10)

  To examine and approve or disapprove the reports and minutes of the Board of Directors;

• 11)

  To deliberate on all matters that are within the competence of the College of Nutritionists and Dietitians of Honduras, and that are not assigned to other bodies of the College; and,

• 12)

  To issue and modify the Fee Schedule of the Professional of Nutrition and Dietetics.

The resolutions of the Ordinary and Extraordinary General Assemblies shall be recorded in the Minutes Book of the General Assembly. The minutes shall be signed by all attendees who wish to do so. CHAPTER VII OF THE BOARD OF DIRECTORS

The Board of Directors is the executive body, responsible for the direction and governance of the College. It shall be elected in an Ordinary General Assembly every two (2) years and shall be composed of Nine (9) principal members as follows: One President, one Vice-President, one Secretary, one Assistant Secretary, one Treasurer, one Auditor, Three (3) Vocalists and one Legal Advisor, with their respective alternates; elected individually by simple majority, by means of direct and secret voting, in accordance with Articles 25, 26 and 27 of this Law. The Board of Directors shall appoint in each Department of the Republic the representatives it deems convenient, with the exception of the Departments that have a Chapter of the College, who shall be the organs of communication between the professional members residing in the respective Department and the College. The election of the Boards of Directors of the Chapters shall take place within sixty (60) days following the date of the election of the Board of Directors of the College, upon prior notice thereof, and shall serve in their positions for two (2) years.

To be a member of the Board of Directors of the College of Nutritionists and Dietitians of Honduras, the following requirements are necessary:

• 1)

  To be a member of the College and to be in the full exercise of their rights;

• 2)

  To be of recognized honorability;

• 3)

  Not to have pending accounts with the College;

• 4)

  Not to have been convicted of a crime committed to the detriment of the profession of Nutritionists or Dietitians;

• 5)

  Not to have been sanctioned with suspension for violations of the Professional Code of Ethics;

• 6)

  Not to suffer from mental illness or permanent physical incapacity that prevents them from exercising the position with the necessary diligence; and,

• 7)

  Spouses and relatives up to the fourth degree of consanguinity or second degree of affinity with any of the other members of the Board of Directors may not simultaneously belong to the Board of Directors.

The members of the Board of Directors shall take office on May 28th of the year in which they were elected in Ordinary General Assembly, and shall serve for two (2) years.

The positions of Secretary and Treasurer shall be compensated; the others shall receive per diems as determined by the Regulations. The members of the Board of Directors may be reelected for the following period.

The Board of Directors shall hold ordinary sessions monthly on the dates established by the Regulations, and extraordinarily when the President determines it appropriate.

The Board of Directors may only hold sessions when at least five (5) of its members are present, and resolutions shall be taken by majority vote of those present. The absence of Board members from sessions, for three (3) consecutive times, without justified cause, shall have the effect of resignation from office without further proceeding. Alternate members shall complete the term of the principal members.

In case of the absence of the President, the Vice-President shall act, and in the absence of the latter, the Vocal.

The grounds for declaring a vacancy from the position on the Board of Directors are:

• 1)

  Death or illness that generates physical or mental incapacity;

• 2)

  Repeated absence from Board of Directors sessions for three (3) consecutive times, without justified cause;

• 3)

  Repeated failure to fulfill functions and responsibilities;

• 4)

  Loss of professional standing or having been sanctioned with suspension or expulsion; and,

• 5)

  Written resignation from office.

The Board of Directors has the following powers, in addition to those expressly assigned to it by the Law on Obligatory Professional Registration:

• 1)

  To convene Ordinary and Extraordinary General Assemblies in the manner prescribed by this Law;

• 2)

  To select the matters that are to be the subject of study and debate in the academic meetings of the College;

• 3)

  To appoint the members of the Special Commissions;

• 4)

  To promote congresses on national and international nutrition and to encourage cultural exchange among Nutrition and Dietitian professionals, national and foreign;

• 5)

  To prepare draft regulations and issue the relevant provisions for the effective functioning of the College;

• 6)

  To hear the resignation from office of any of its members and to call the respective alternate, without prejudice to the provisions of the second paragraph of Article 35 of this Law;

• 7)

  To apply the sanctions determined by the Court of Honor for the infractions committed by employees and other officials of the College;

• 8)

  To grant leave to its members, for justified cause, to temporarily remove themselves from their positions;

• 9)

  To submit to the appropriate authorities lists of College members, so that from among them those who are to perform public functions may be chosen, when for these functions the qualification of Nutritionist or Dietitian is required;

• 10)

  To present to the Assembly the Record of the Acts of the Board of Directors;

• 11)

  To propose to the General Assembly as honorary members professionals of recognized prestige;

• 12)

  To organize the commissions and assign the representations that it deems necessary;

• 13)

  To set the fees that the College should charge in accordance with the Regulations, for work assigned to it;

• 14)

  To decide on fees, when disagreements arise concerning them between the members and their clients, if both parties determine to submit the discrepancy to its knowledge. The request must be presented in writing. The request must be presented in writing.

• 15)

  To designate temporarily, in case of absence or temporary impediment of the Fiscal, Secretary or Treasurer, the Vocal who should replace them;

• 16)

  To collaborate with the Higher Educational Centers of the country in solving problems of national interest in accordance with what is established in numerals 7), 9), 10) and 11) of Article 5 of this Law;

• 17)

  To prepare the annual budget and submit it, within the first month of fiscal year, for the consideration of the Ordinary General Assembly;

• 18)

  To publish the College Magazine and to edit the scientific and cultural works of the members, when they have made themselves worthy of such distinction; and,

• 19)

  The others determined by this Law and its regulations. CHAPTER VIII POWERS OF THE BOARD OF DIRECTORS

The powers of the President are:

• 1)

  To preside over the sessions of the General Assemblies and those of the Board of Directors;

• 2)

  To formulate the agenda corresponding to each session and to direct the discussions;

• 3)

  To decide with a double vote, in case of a tie, in the General Assemblies and in the sessions of the Board of Directors;

• 4)

  To grant leave for just cause and for up to fifteen (15) days to the members of the Board of Directors;

• 5)

  To appoint commissions in the absence of the Board of Directors, in case of urgency;

• 6)

  To authorize expenses that do not exceed Two Thousand Lempiras Exact (L.2,000.00) and to report to the Board of Directors in due course;

• 7)

  To sign jointly with the Treasurer the checks for withdrawal of funds;

• 8)

  To open and manage with the Treasurer the current bank account of the Institution;

• 9)

  To sign with the Treasurer the documents that represent significant economic and financial obligations charged to the College, once approved by the Board of Directors;

• 10)

  To sign with the Secretary the minutes of sessions, agreements and resolutions; and to authorize with his "Approved" the receipts against the Treasury and the payment orders;

• 11)

  To order the practice of audits and audits;

• 12)

  To convene sessions of the Board of Directors;

• 13)

  To receive the oath of office from members upon their admission, and from the officials of the College appointed or elected, upon taking office;

• 14)

  To propose to the Board of Directors the appointment or removal of College employees;

• 15)

  To represent the College in official and cultural acts;

• 16)

  To authorize with the Secretary the certificates of College registration; and,

• 17)

  To comply with all other powers and functions inherent to his position.

The powers of the Vice-President are:

• 1)

  To replace the President in cases of leave, temporary impediment, permanent impediment, resignation or death. In these last three (3) cases, he shall do so until the end of his term;

• 2)

  To collaborate effectively and permanently with the President and with the other members of the Board of Directors in the fulfillment of their obligations; and,

• 3)

  To fulfill the commissions that the President or the Board of Directors assign to him.

The functions and powers of the Secretary are:

• 1)

  To organize and direct the administrative operation of the institution;

• 2)

  To maintain, guard and keep current the following books: Registry of Registration of Members, Minutes and Agreements of the General Assembly and Agreements of the General Assembly and the Board of Directors and others deemed necessary;

• 3)

  To prepare with the President of the Board of Directors the Agenda for sessions and to make the corresponding notices;

• 4)

  To draft and authorize the minutes, agreements, resolutions and communications;

• 5)

  To receive and process the College's correspondence;

• 6)

  To issue the necessary notices;

• 7)

  To issue certifications;

• 8)

  To register the members, taking record of their degrees and to issue the Certificate of College Registration;

• 9)

  To organize, preserve and keep in custody the Archives of the College;

• 10)

  To draft the Annual Report of the College's activities, which shall be presented at the inaugural session of the Ordinary General Assembly;

• 11)

  To receive and process the requests and communications addressed to the College and its different bodies; and,

• 12)

  Other functions and powers inherent to his position.

The powers of the Pro-Secretary are: 1) To substitute for the Secretary in cases of the latter's absences, with the same powers conferred on him; and, 2) To assist the Secretary in all the obligations and functions that pertain to the Secretary.

The powers of the Treasurer are:

• 1)

  To administer, under his responsibility, the funds of the College;

• 2)

  To collect the contributions to which members are obligated;

• 3)

  To make the College's payments with due authorization;

• 4)

  To maintain the necessary accounting books;

• 5)

  To provide, prior to taking office, the bond determined by the Board of Directors;

• 6)

  To deposit the funds of the College in the name of the latter, in a banking institution in the country, either in cash or in securities of immediate liquidity, as determined by the Board of Directors;

• 7)

  To sign with the President the documents that represent economic and financial obligations charged to the College, once approved by the National Council;

• 8)

  To sign jointly with the President the checks for withdrawal of funds;

• 9)

  To open and manage with the President the current bank account of the Institution;

• 10)

  To submit to the Board of Directors a bimonthly report on the status of the College's accounts and at the end of each fiscal year a general statement of accounts, in detailed form;

• 11)

  To prepare jointly with the President the Draft Annual Budget of the College;

• 12)

  To oversee the accounting of the Institution, which should be in charge of a Professional Certified Public Accountant;

• 13)

  To prepare with the Accountant the annual Balance of each Annual Budget Exercise of the College; and,

• 14)

  To fulfill the other functions assigned to him by the Board of Directors relating to the College's funds.

The powers of the Fiscal are:

• 1)

  To ensure compliance with this Law and the Regulations;

• 2)

  To intervene in the audits and audits that are conducted;

• 3)

  To examine the accounts of the Treasury and to render the respective report to the General Assembly. For this purpose, he may obtain the advice he deems convenient;

• 4)

  To exercise the legal representation of the College in judicial, administrative and contentious-administrative matters; and,

• 5)

  To exercise the appropriate actions against persons who illegally or improperly practice the profession.

The powers of the Vocales are:

• 1)

  To coordinate work with specialized committees;

• 2)

  To organize and coordinate activities related to conferences, publications and library;

• 3)

  The Vocal shall replace the temporary or permanent absences of any of the other members of the Board of Directors; and,

• 4)

  The other functions assigned to him by the Board of Directors.

The functions of the Legal Advisor are:

• 1)

  To provide legal advice, guidance, and counsel to the Board of Directors;

• 2)

  To attend sessions of the Board of Directors and General Assemblies; and,

• 3)

  The Legal Advisor shall have voice but no vote in the sessions of the Board of Directors unless the person simultaneously holds the status of full member of the College of Nutritionists and Dietitians of Honduras, in which case they shall have both voice and vote in such sessions. CHAPTER X HONOR TRIBUNAL

The Honor Tribunal shall be the body responsible for reviewing the conduct of persons subject to the authority of the College who breach the Professional Code of Ethics, this Law, the regulations and resolutions issued by its bodies, and for proposing to the Board of Directors the corresponding sanctions. Likewise, it shall propose to the General Assembly the awarding of special distinctions to College members when they become deserving thereof by merit or relevant actions.

The Honor Tribunal shall be composed of five (5) principal members and an equal number of alternate members, elected every two (2) years in the same manner as those of the Board of Directors and shall take office on the date set forth in Article 32 of this Law. The alternate members of the Honor Tribunal shall fill vacancies of principal members in cases of temporary absence, excuse, recusal, impediments, or permanent absence; the President of the Tribunal shall make the call for these alternate members. The position is mandatory and irrevocable for all members of the College who are elected. In its first session, the Honor Tribunal shall elect from among its members a President and a Secretary.

To be a member of the Honor Tribunal the following are required:

• 1)

  To be a member of the College and be in full exercise of their rights;

• 2)

  To have reached the age of thirty-five (35) years;

• 3)

  To have exercised the profession for a minimum of ten (10) years;

• 4)

  To be of recognized honorability and professional capacity;

• 5)

  Not to have been subject to serious sanction by the College, nor to conviction for a common crime; and,

• 6)

  To be current in payment of ordinary and extraordinary fees of the College.

The Honor Tribunal shall have the following powers: To serve as mediator in controversies that arise between members or between them and third parties; To hear complaints and denunciations against members and persons subject to the authority of the College, imposing the corresponding sanctions or acquittals in accordance with this Law; To formulate the Professional Code of Ethics and useful reforms, and submit it for approval by the General Assembly; and, To propose to the Assembly the awarding of special distinctions to College members when they become deserving thereof by merit or relevant actions.

The Tribunal shall meet at the seat of the College by virtue of a convocation issued by its President.

Members of the Tribunal may abstain or be recused by reason of kinship within the fourth degree of consanguinity or second degree of affinity, intimate friendship or manifest enmity with any of the parties or direct or indirect interest in the matter. Recusals must be raised within ten (10) days following notification or citation to respond, plus the time of distance as the case may be, in accordance with Article 265 of the Code of Civil Procedure.

Except as provided in Article 47 of this Law, concerning the quorum for the imposition of sanctions, other resolutions of the Tribunal shall be taken by majority of votes. In case of excuse, recusal, or impediment of several of its members, at least three (3) of them may resolve; in case of a tie, the President shall decide with a casting vote.

If by excuse, recusal, or impediment the number of Tribunal members is reduced to two (2), the Board of Directors shall designate as members the Nutritionists or Dietitians that are necessary.

When the President becomes aware that there exists between members a difference or conflict that could originate a serious incident between them, they shall immediately offer their mediation to resolve the discord through conciliation. They shall also do so at the personal request of any of the interested parties or third parties. In these matters the President shall act confidentially and with all the prudence that such cases require, being able to delegate their functions if they deem it appropriate. If the parties do not resolve their differences or disputes through conciliation, the matter shall be brought to the Honor Tribunal.

The procedure before the Honor Tribunal may be initiated ex officio, at the request of a party, or by denunciation of the Fiscal of the College. Such procedure shall be broad, with the object that the provisions of the Professional Code of Ethics, and their observance and full compliance; and, c) Two (2) passport-sized photographs.

If merit is found to open the investigation, the Tribunal shall order the citation of the accused to appear personally or through a representative to receive the statement of charges. This citation shall be made by the Tribunal by the most expedite means, in accordance with the Secretary, or through a representative to receive the statement of charges. In all cases, the costs of effecting the citation shall be borne by the complainant. The response and pertinent evidence shall be presented within a period of eight (8) days, and the time of distance referred to in Article 265 of the Code of Civil Procedure shall be applied, as the case may be. Once the proposed evidence has been presented, the Tribunal shall evaluate the facts and issue the corresponding resolution within five (5) days. Once the charges have been answered, the processing of the trial may not last more than twenty (20) days unless the presentation of evidence required a longer period, in which case the Tribunal may extend it without exceeding twenty (20) days. The Tribunal may issue orders for better ruling. Should the cited party not appear, the processing of the denunciation or complaint in default shall continue. The Tribunal may render interlocutory orders for better ruling. If the cited party does not appear, proceedings on the denunciation or complaint shall continue in default.

The resolution issued by the Tribunal shall comply with what is prescribed in this Law and shall be taken by secret ballot, with the attendance of all its members and by majority of votes. The unjustified absence of its members in applying the penalty of temporary suspension in the exercise of their positions, which shall be imposed by the Board of Directors.

The resolution of the Honor Tribunal shall be notified by its Secretary, personally, if the parties appear at the Office. If they do not appear or reside in the departments, notification shall be made by means of communication issued to the representative of the College, who shall deliver said communication personally to the party.

The executable resolutions of the Honor Tribunal shall be enforced by the Board of Directors of the College. To that effect, the Board of Directors shall open a Register Book of sanctions in which to track the imposition, compliance, and rehabilitation of the members.

The resolutions of the Honor Court are not subject to appeal, except those that apply the sanction of temporary suspension, against which the remedies of reconsideration and appeal shall be available before the same body that issued them, which shall be filed within ten (10) days following notification of the Resolution. If the Honor Court denies the Motion for Reconsideration, it shall remit the proceedings to the Board of Directors of the College so that it may hear the appeal remedy and issue a resolution thereon, if such remedy has been filed. CHAPTER XII OF THE CHAPTERS

The Chapters are governing bodies of the College of Nutritionists and Dietitians of Honduras, in the jurisdiction that is established, with the functions and powers of the Board of Directors, and shall be the organs of communication between the registered members residing in the respective Department and the College. The election of the Boards of Directors of the Chapters shall be held within sixty (60) days following the date of the election of the Board of Directors of the College, upon prior notice by the latter and shall last in their positions two (2) years.

The Chapters shall carry out their functions in accordance with the norms and resolutions issued by the Board of Directors.

The Chapters shall be constituted by five (5) members elected for a period of two (2) years and who shall hold the following offices:

• 1)

  President;

• 2)

  Vice President;

• 3)

  Secretary;

• 4)

  Treasurer; and, 5) Member-at-Large.

To be elected a member of the Chapter, the same requirements established to be a member of the Board of Directors are required, in addition to having domicile in the jurisdiction of the Chapter. CHAPTER XIII OF THE SOCIAL WELFARE INSTITUTE OF THE NUTRITIONIST AND DIETITIAN PROFESSIONAL

The College, by means of the provisions in Article 22, numeral 5) of this Law, shall create the Social Welfare Institute of the Nutritionist and Dietitian Professional, intended for the protection of registered members against the risks of disease, temporary or permanent incapacity for work, old age and death. The Board of Directors, prior to the creation of said Institute and after conducting the corresponding studies, may contract collective insurance policies with insurance companies established in the country.

The Board of Directors shall prepare the Draft Bylaws of the Social Welfare Institute of the Nutritionist and Dietitian Professional that shall be submitted for consideration and approval by the General Assembly. CHAPTER XIV SPECIAL COMMISSIONS

The College shall have such Special Commissions as may be deemed convenient. They shall be appointed by the Board of Directors and shall be composed of a sufficient number of registered members. Their functions shall last the same period of time as that of the Board of Directors that appoints them.

Each commission shall designate from among its members a Coordinator of its own activities. The Coordinator shall present to the Board of Directors an annual report of the accomplishments of the respective commission.

The powers of the Commissions are:

• 1)

  To respond to the inquiries made by registered members themselves, Government agencies and autonomous and semi-autonomous institutions. It is prohibited to resolve inquiries from private parties, whether natural or legal persons;

• 2)

  To draft the opinions that the College requests; and,

• 3)

  To cooperate with the Board in the other work of the College. CHAPTER XV OF INCENTIVES, SANCTIONS AND REHABILITATION

The Board of Directors, at the proposal of any Regular Member, shall establish incentives for Nutritionists or Dietitians who have distinguished themselves by their merit in their professional acts and/or scientific research. A decoration shall be awarded to the Nutritionist who has distinguished himself by his professional practice. A Diploma shall be awarded to Nutritionists who complete twenty-five (25) years of service.

The Special Commission designated by the Board of Directors shall be responsible for analyzing the proposals for incentives of the proposals. They shall be evaluated within the time limit set by the Board of Directors and shall render an opinion approving or disapproving the award. With the opinion of merit of the Board of Directors, it shall proceed in accordance with what was resolved in the same.

The authorities of the College may impose on its members the following sanctions:

• 1)

  Private reprimand by the Board of Directors for grave negligence or inexcusable ignorance in the practice of the profession;

• 2)

  Public reprimand before the General Assembly, for having violated professional ethics or attacked the decorum and prestige of the profession;

• 3)

  Disqualification from holding elective or appointive positions within the College, for up to two (2) years, in cases of serious violations not included in the preceding numbers of this Article;

• 4)

  By disciplinary means, a fine of One Hundred to Two Hundred Lempiras (L. 100.00 - L. 200.00) for the absences of members from the sessions of the Board of Directors, Ordinary and Extraordinary Assemblies or for failure to comply in the performance of the commissions or duties assigned to them by this Law or entrusted to them by the College authorities; and,

• 5)

  Temporary suspension from the practice of the profession from six (6) months to three (3) years. The suspension sanction disqualifies the registered member from the practice of the profession and from participation in any activity that requires professional status, for the duration of the sanction. It shall be made public and communicated to the pertinent bodies and institutions. The suspended registered member shall continue to fulfill his economic obligations to the College.

Registered members who without just cause fail to pay more than six (6) consecutive fees shall be required to pay them the following month, under warning of suspension from the practice of the profession. The same procedure shall be followed in case of extraordinary contributions.

The reiteration three (3) times of acts to which the sanction of public reprimand has been applied shall be sanctioned with suspension for up to one (1) year of the exercise of the rights corresponding to members of the College.

Once the sanctions determined in numerals 3) and 5) of Article 72 and in Articles 73 and 74 of this Law have been fulfilled, the immediate rehabilitation of the sanctioned party shall take effect. CHAPTER XVI COLLEGE PATRIMONY

The Patrimony of the College shall consist of:

• 1)

  The ordinary and extraordinary contributions that the Assembly shall agree upon;

• 2)

  The fee for the right of registration;

• 3)

  The proceeds from fines imposed in accordance with this Law or its regulations;

• 4)

  The movable or immovable property acquired by the College;

• 5)

  The income from the College's property;

• 6)

  The donations, inheritances, and legacies acquired by the College; and,

• 7)

  The income from any source received by the College, in accordance with this Law and the objectives of the Institution.

The administration of the College's patrimony shall correspond to the Board of Directors, which shall exercise it through the Treasurer.

The Board of Directors shall issue the measures it deems appropriate for the better administration of the College's patrimony. CHAPTER XVII GENERAL PROVISIONS

The official of any of the Powers of the State who gives course to any request or written document from a person not authorized by this Law for professional practice shall incur a fine of One Thousand (L.1,000.00) to Two Thousand (L.2,000.00) Lempiras, which shall be imposed by the respective hierarchical superior ex officio or at the request of the College. The fine shall be made effective in the College's Treasury, without prejudice to the nullity of all actions taken since the intervention of that person lacking authorization.

In the registry of members that the Secretary of the Board of Directors shall keep, a number shall be assigned to each member that shall be entered in the Certificate of Membership and in the corresponding credential card.

It is the obligation of members to communicate to the College the place of their residence and professional address, as well as any changes thereto.

Upon the enactment of this Law, every professional upon joining the College or upon taking office for a position to which he or she has been elected or appointed shall take the following Oath of Law: "I PLEDGE TO BE FAITHFUL TO THE COLLEGE OF NUTRITIONISTS AND DIETITIANS OF HONDURAS, TO RESPECT ITS PRINCIPLES, TO COMPLY WITH AND ENFORCE ITS ORGANIC LAW, ITS REGULATIONS AND OTHER PROVISIONS THAT IT MAY ENACT TO ACHIEVE ITS OBJECTIVES AND THE ADVANCEMENT OF THE PROFESSION".

The College of Nutritionists and Dietitians of Honduras as a nonprofit organization shall be exempt from the payment of all classes of national and municipal taxes from the income it obtains.

January 11 of each year is hereby established as the "NATIONAL DAY OF THE HONDURAN NUTRITIONIST AND DIETITIAN".

This Law shall enter into force two (2) days after its publication in the Official Gazette "La Gaceta". Done in the city of Tegucigalpa, municipality of the Central District, in the Hall of Sessions of the National Congress, on the tenth day of the month of August of two thousand nine. JOSÉ ALFREDO SAAVEDRA PAZ PRESIDENT CARLOS ALFREDO LARA WATSON SECRETARY GONZALO ANTONIO RIVERA SECRETARY To the Executive Power. Therefore: Let it be executed. Tegucigalpa, M.D.C., August 28, 2009. ROBERTO MICHELETTI BAÍN CONSTITUTIONAL PRESIDENT OF THE REPUBLIC THE SECRETARY OF STATE IN THE OFFICE OF HEALTH. MARIO LUIS NOÉ VILLAFRANCA