189/2008 Sb.
LAW
of 24 July 2003. April 2008,
amending the law No 18/2004 Coll., on the recognition of professional qualifications and
eligibility of nationals of other Member States of the European Union and
amending some laws (law on the recognition of professional qualifications), in
as amended, and other related laws
Change: 375/2007 Sb.
Parliament has passed the following Act of the United States:
PART THE FIRST
Amendment of the Act on the recognition of professional qualifications
Article. (I)
Act No. 18/2004 Coll., on the recognition of professional qualifications and other
eligibility of nationals of the Member States of the European Union and the
amendments to certain laws (law on the recognition of professional qualifications), as amended by
Law No 96/2004 Coll., Act No. 585/2004 Coll., Act No. 21/2006 Coll.
Act No. 159/2006 Coll., is amended as follows:
1. in the title of the Act, the words "European Union", the words "and
some nationals of other States ".
2. The title of part the first: "the RECOGNITION of PROFESSIONAL QUALIFICATIONS and other
ELIGIBILITY ".
3. § 1, including title and footnotes # 1, 2, 2a, 2b, 2 c, 2d, 2e,
2F, 2 g and 2i:
"§ 1
Subject matter and purpose of the law
(1) this Act incorporates the relevant provisions of the European
the community "^ 1"), and governs the procedure of administrative authorities, professional associations and
public employers (§ 37 para. 1) in recognition of professional
qualification and other eligibility required for performance of the regulated
activities on the territory of the United States, if your professional qualifications
obtained or that activity was carried out in another Member State
The European Union, another Contracting State to the agreement on the European economic
area or the Swiss Confederation by the persons referred to in paragraph 2.
(2) according to this law, the recognition of professional qualifications and other
the eligibility of the
and) a national of a Member State of the European Union, of another Contracting
State to the agreement on the European economic area or the Swiss
Confederation (hereinafter referred to as "Member State"),
(b)) persons with permanent residence in the territory of the Czech Republic,
c) a family member of the persons mentioned in (a)), or (b)) ^ 2)
(d)) than a national of another Member State, if he was in the United
Republic or another Member State granted legal status
long-term resident status in the European Community ^ 2a),
e) than a national of another Member State, if he was on the territory of the
The United Kingdom or another Member State of the European Union allowed to stay
for the purpose of scientific research ^ 2b),
f) a family member of the persons referred to in point (d)), or (e)), if he was
permitted long-term residence in the territory of the Czech Republic ^ 2 c),
(g)) of the person that was in the territory of the United Kingdom granted asylum or subsidiary
protection, or his or her family, if it was allowed to
long-term residence in the territory of the Czech Republic ^ 2d)
h) than a national of another Member State, if he was on the territory of the
The United Kingdom or another Member State of the European Union allowed to stay
for the purposes of studies, pupil exchanges, unremunerated training
or voluntary service ^ 2e),
I) a national of a State other than a member who is a victim
trafficking in human beings, or received assistance to illegal immigration
and that cooperates with the competent authorities, if he was on the territory of the United
Republic or another Member State of the European Union allowed to stay for the
to that end, ^ 2f),
(hereinafter referred to as "the applicant").
(3) the provisions of this law shall apply, subject to the provisions of the Special
the law do not regulate the issues of recognition of professional qualifications and other
eligibility for the performance of the regulated activities otherwise. This is without prejudice to
temporary or casual performance of the regulated activities under Title VIII
This Act or special legislation ^ 2 g).
(4) the provisions of title VIII shall not apply in the case of investment
provider ^ 2i).
1) European Parliament and Council Directive 2005/36/EC of 7 September 2004. September 2005
on the recognition of professional qualifications.
Article. 39, 43 and 49 of the Treaty establishing the European Community.
2) Article. 23 and article. 24 paragraph 2. 1 directive of the European Parliament and of the Council
2004/38/EC of 29 April 2004. April 2004 on the right of Union citizens and their family
Members to move and reside freely within the territory of the Member States,
Amendment of Regulation (EEC) No 1612/68 and repealing directives 64/221/EEC,
68/360/EEC, 72/194/EEC, 73/148/EEC, 75/34/EEC, 75/35/EEC, 90/364/EEC,
90/365/EEC and 93/96/EEC.
2A) Article. 11 (1) 1 (b). and) and (c)) and article. 21, art. 1 Council directive
2003/109/EC of 25 March 2002. November 2003 concerning the status of the State
nationals of third countries who are long-term residents.
2B) Article. 12 (a). and) Council Directive 2005/71/EC of 12 July 2005. October 2005 on the
specific procedure for admitting third-country nationals for the
the purpose of scientific research.
2 c) Article. 14. 1 (b). (b)) Council Directive 2003/86/EC of 22 December 2004. September
2003 on the right to family reunification; § 13 and 14 of Act No. 325/1999 Coll., on the
asylum.
2D) Article. 23, article. 26 paragraph 2. 1 and 3 and article. 27 para. 3 of Council directive
2004/83/EC of 29 April 2004. of 29 April 2004 on minimum standards for the
meet the third-country nationals or stateless persons
jurisdiction to qualify as refugees or as persons who
other reasons need international protection and the content of the provided
the protection.
2E) Article. Article 17(1). 1 Council Directive 2004/114/EC of 13 April 2004. December 2004 on the
the conditions of admission of third country nationals for the purpose of
studies, pupil exchanges, unremunerated training or
voluntary service.
2F) Article. 11 (1) 1 Council Directive 2004/81/EC of 29 April 2004. April 2004 on the
residence permit for third-country nationals who are
victims of human trafficking or have received assistance to illegal
immigration, who cooperate with the competent authorities.
2 g) part seven of Act No. 95/2004 Coll., on conditions for the acquisition and recognition
professional competence and specialized competence to perform
the medical professions of doctor, dentist and pharmacist, as amended by
amended.
Title VII of the Act No. 96/2004 Coll., on conditions for the acquisition and recognition
competence for the exercise of paramedical professions and to the exercise
activities related to the provision of health care and amending
certain related laws (the law on the paramedical
occupations), as amended.
2I) section 29 et seq. Act No. 256/2004 Coll., on capital
market, as amended. ".
4. In section 2 paragraph 1 reads:
"(1) the administrative authorities, professional chambers and employers (§ 37 para. 1)
may, for the performance of the regulated activities in the Czech Republic require
only those applicants meeting the conditions that a special law
requires from the citizen the United States, which has gained expertise in the
The Czech Republic ".
5. in section 3 of the letter a) is added:
"and the professional qualifications of eligibility) natural persons for the performance of the regulated
activities ".
6. In paragraph 3 (b). (b)), the word "formal" is replaced by "formal",
the word "education" shall be replaced by the word "education" and the words "in this
the State "shall be deleted.
7. In paragraph 3 (c)) shall be deleted.
Subparagraph (d)) to (j)) shall become point (c)) to (i)).
8. In paragraph 3 (b). (c)), the words "to the assets of the applicant was not declared
bankruptcy, or the fact that the applicant pursued an activity with the diligence of
the householder as the Chief Clerk or a statutory body or a member of
of the statutory body or other body of the legal person on whose
the property was declared bankrupt, "shall be replaced by the words" towards the applicants could not
decision on bankruptcy, that against him has not been declared bankrupt, or
insolvency petition was rejected for lack of assets or that the performance of
statutory authority, a statutory authority or another
body of a legal person does not preclude the prior action of the obstacle by the tenderer
in any comparable feature in a legal entity, on whose property was
declared bankruptcy or insolvency petition was rejected for
lack of assets ^ 2j) ".
Footnote No. 2j is added:
"2j) § 38 l of the commercial code.
§ 244 et seq.. Act No. 182/2006 Coll., on bankruptcy and the ways of its solution
(insolvency law), as amended. ".
9. In paragraph 3 (b). (d)), after the words "professionally qualified in a Member State
the origin of ", the words" [§ 3 (b). (b)), item 1,] "and the words" professionally
ready "with the words" [§ 3 (b). (b) point 2)] ".
10. in section 3, letter e) and (f)), including footnotes # 2 k and 2 l:
"e) regulated activities, the maintenance of the activities
1. If her performance in the form of legislation proposed by the tenderer
the Member State shall be reserved to the holder provided for evidence of formal
qualifications,
2. If it is to be exercised for a public employer pursuant to § 37,
If its performance in the Czech Republic reserved by collective agreement or
internal regulation of the holder provided for evidence of formal qualifications,
3. carried out in a Member State under a professional title, if the use of
the legislation of the Member State, the holder of the reserved
provided evidence of formal qualifications,
4. in the area of health or social services, where the remuneration or
a replacement for this activity to the social security system or
health insurance Member State reserved to the holder provided for
evidence of formal qualifications, or
5. carried out by members of the professional Chamber of Commerce or professional association referred to
in the list of professional associations or organizations, issued by the Ministry of
education, youth and sports (hereinafter referred to as "the Ministry") in communication
Journal of Ministry, whose members carried out by the profession, according to the
the general directive or another general regulation of the European communities on
recognition of professional qualifications for regulated professions is considered ^ 2 k),
(f) the institution of the Member State) educational establishments on the basis of
permission granted by that Member State, or the laws of the
the laws of that Member State and in accordance with its laws and regulations
provides training and preparation and issue evidence of formal
the qualification with which they are associated in that Member State the full legal
effects of the activity in question for the purposes of performance without
verification or recognition of their equivalence, regardless of whether the
education and training leading to the award of evidence of formal qualifications
have been completed in the territory of that Member State; for institutions
a Member State shall, for the purposes of this Act, shall be considered as always, regardless of the
their place of residence and the European school ^ 2 l), acting on the basis of the Convention on the
of the Statute of the European schools (hereinafter referred to as the "European school"),
2 k) of annex I to Directive 2005/36/EC.
2 l) the Convention on the Statute of the European school, adopted in Luxembourg on 21 June 1999.
June 1994 (No 122/2005 Sb. m. s.). ".
11. In paragraph 3 (b). (g)), the word "education" shall be replaced by the word "education"
and the word "education" shall be replaced by the word "education".
12. in paragraph 3 of the present text shall become paragraph 1 and the following
paragraph 2, which reads as follows:
"(2) the capacity of a natural person to perform regulated activities
in particular, demonstrated by the evidence of formal qualification or proof of
the performance of the activities concerned (hereinafter referred to as "evidence of professional qualifications"). ".
13. paragraph 4, including title and footnote No. 2 m:
"§ 4
The degree of evidence of formal qualifications
(1) evidence of formal qualifications of the fifth degree, for the purposes of this
Act means the evidence of formal qualifications issued by a competent authority of the
or the institution of the Member State of origin, which shows that the holder,
After obtaining secondary education with the GCSE, or another
training required in the Member State of origin for admission to College
school or similar institution levels, successfully graduated more than
the four-year daily or full-time study or external or distance
the study of the appropriate length at a university or similar institution
levels and, where appropriate, additional preparation that is required to complement this
study.
(2) evidence of formal qualifications of the fourth degree, for the purposes of this
Act means the evidence of formal qualifications issued by a competent authority of the
or the institution of the Member State of origin, which shows that the holder,
After obtaining secondary education with the GCSE, or another
training required in the Member State of origin for admission to College
school or similar institution levels, successfully completed at least
the three-year, but not more than four-year daily or full-time study or
external or distance corresponding to the length of study in College,
institution of higher education or equivalent level and, where applicable, the institution
additional preparation that is required as a supplement to this study.
(3) evidence of formal qualifications of the third degree, for the purposes of this
Act means the evidence of formal qualifications issued by a competent authority of the
or the institution of the Member State of origin, which shows that the holder,
successfully graduated and) after obtaining secondary education with graduation
the test, or any other training required in the Member State
of origin for admission to college or similar institution levels,
at least one year, but less than the three-year daily or full-time study
or external or distance corresponding to the length of the study, and any other
the preparation required to complement this study, or (b)) education and
the preparation referred to in the list of education and training is specific
the structure of the Ministry of communications, released in the journal of the Department of the
accordance with the general directive or any other regulation of the European communities
on the recognition of professional qualifications ^ 2 m).
(4) evidence of formal qualifications of the second degree for the purposes of this
Act means the evidence of formal qualifications issued by a competent authority of the
or the institution of the Member State of origin, which shows that the holder,
After successful completion of secondary education, he graduated from
and further education and training), which is not part of the education and
training leading to the award of evidence of formal qualifications of third-
the fifth degree, in educational or employment and, where appropriate,
trial practice or practice under the supervision of the required complement of this
education and training, or
(b)) other test practice or practice under the supervision of the required as
the add-in vocational training in high school or in the Conservatory.
(5) evidence of formal qualifications in the first instance for the purposes of this
the law means the document issued by the competent authority or institution of the Member
State of origin certifying that the holder
He graduated from a training course) or an aptitude test, which is not
part of the education and training leading to the award of evidence of formal
qualifications of the second to the fifth degree, in the Member State of origin,
(b) perform the work in question) for 3 years full time or after
the equivalent period on a part-time basis during the previous 10 years in the
Member State of origin, or
c) has successfully completed primary or secondary education.
(6) evidence of formal qualifications referred to in paragraphs 1 to 5 shall be deemed to
also the evidence of formal qualifications issued by a competent authority or the
the institution of a third country or attesting to the education and training received
for the most part outside the Member States, its equivalence has been recognised in
Member State of origin and if the document is accompanied by a certificate
the competent authority of the Member State of origin, that the candidate in question
activity in the territory of that Member State to exercise for at least 3
years of age.
(7) the evidence of formal qualifications shall also constitute the fifth degree
evidence of formal qualifications issued by a competent authority or institution of the
Member State of origin after the successful completion of education and training in
This or in another Member State, if this document the legal order
Member State of origin shall be awarded equivalent legal effects as a document
of formal qualifications of the fifth degree, which
and applicants) Member State of origin shall be technically qualified for
the performance of the regulated activity [§ 3, paragraph 1, point (b)) 1], or
b) confirms the education and training, which candidates professionally prepared
for the performance of the activities concerned, if the activity is not in question in the Member
State of origin regulated activities [§ 3, paragraph 1, point (b)) 2].
The first sentence shall apply mutatis mutandis apply to evidence of formal qualifications of the first
up to the fourth degree.
2 m) annex II of Directive 2005/36/EC ".
14. § 5, including title and footnotes 3 and 4 shall be deleted.
15. articles 6 and 7, including the title and footnote 3 shall be added:
"section 6
(1) if required in the Czech Republic for the performance of the regulated activity [§ 3
paragraph. 1 (b). e)] evidence of formal qualifications referred to in paragraph 4, it shall
uznávací authority under sections 8 to 15.
(2) if the applicant is a holder of other evidence of formal qualifications
than the document referred to in paragraph 4, but are not subject to the conditions referred to in paragraph 4 of the
paragraph. 6, it shall proceed in accordance with § 17 uznávací authority.
(3) if the applicant intends to in the Czech Republic to exercise their activity in the sector
referred to in the list of activities related to the categories of professional experience,
the U.S. Treasury in the Ministry of communication in accordance with
the general directive or any other regulation of the European communities on
recognition of professional qualifications ^ 3), it shall proceed in accordance with § 18 of the uznávací authority.
§ 7
Recognition of professional experience
Uznávací authority recognised by the professional experience required by the Special
legal regulation for the performance of the regulated activities in the territory of the United
Republic, the Tenderer shall submit proof of professional practice carried out in
Member State or in a third State in the field and in the length of the required
special legislation. The provisions of the special legal regulation,
which lays down specific requirements for the performance of professional practice, this does not
without prejudice to the.
3) annex IV to Directive 2005/36/EC ".
16. in the heading of title II of part one of the part 2:
"Part 2
General system for the recognition of professional qualifications ".
17. section 8 including title and a footnote 4 is added:
"section 8
Recognition of professional qualifications on the basis of the evidence of formal qualifications
(1) Uznávací authority, under the conditions referred to in article 10, shall recognise professional
the qualifications of the applicant as an equivalent professional qualification required in
The Czech Republic, if the candidate
and) is in possession of evidence of formal qualifications referred to in paragraph 4, that it
is a professionally qualified for the performance of the regulated activities in the Member
State of origin [§ 3, paragraph 1, point (b)) 1] and that is at least the same
degree or one notch lower than the evidence of formal qualifications
required in the Czech Republic,
(b) the work in question) for a period of 2 years full time or after
the equivalent period on a part-time basis during the previous 10 years in the
Member State of origin, in which the subject activity is not regulated
activities, and is in possession of evidence of formal qualifications referred to in paragraph 4 of the
certifying that the applicant graduated from the education and training that it
expertly prepared in that Member State for the performance of the activities concerned
[§ 3, paragraph 1, point (b)) 2], and that is at least the same degree of, or on the
one degree less than the evidence of formal qualifications required in the Czech
Republic, or
(c)) is in possession of evidence of formal qualifications at least second grade
According to § 4 issued by him after the successful end of the regulated education,
it undergoes in the Member State of origin for the performance
the activities concerned [§ 3, paragraph 1, point (b)) 2], if this document
at least the same degree of, or about one degree lower than the evidence of formal
qualifications required in the Czech Republic.
(2) if the applicant intends to in the Czech Republic to carry out regulated activities and
If required for the pursuit of evidence of formal qualifications of the first to
fourth degree, uznávací authority as professional qualifications of the candidates for the
the conditions referred to in paragraph 10, if the applicant furnishes proof on regulated
the training referred to in the list of regulated education and training,
the preparation of the Treasury in the Ministry of communication in
accordance with the general directive or any other regulation of the European communities
on the recognition of professional qualifications ^ 4) that it expertly prepares for
the performance of the activities concerned in the Member State of origin.
4) Annex III to Directive 2005/36/EC ".
18. in paragraph 9, the word "formal" is replaced by "formal" and the word
"education" shall be replaced by the word "education".
19. sections 10 and 11, including headings and footnotes # 4a, 4b and 5 are added:
"§ 10
Compensatory measures
(1) Uznávací authority may, under the conditions set out in paragraphs 2 to 4
the recognition of professional qualifications require the applicant to complete an adaptation
period or folded differential test (hereinafter referred to as "the compensation
the measures "). Uznávací authority may require that the applicant only
one of the compensatory measures.
(2) Uznávací authority may require that the compensatory measures if
and length of education and training), the applicant is at least 1 year of less than
the length of the education and training leading to the award of evidence of formal
the qualifications required for the pursuit of regulated activities in the territory of the United
Republic,
(b)) the content of the education and training of the applicant, in terms of theoretical and
practical areas referred to in the evidence of formal qualifications
the applicant is substantially different from the content of education and training
required in the Czech Republic, or
(c) the applicant intends to within) profession in the Czech Republic to carry out group
regulated activities, but in the Member State of origin or
perform only one of these regulated activities and this also corresponds to
education and training of the tenderer, the content of which is substantially different from the
the content of the education and training required in the Czech Republic.
(3) For the purposes of paragraphs 1 and 2
and content), education and training required in the Czech Republic
means theoretical and practical areas that are part of the content
education and training leading to the award of evidence of formal qualifications
required in the Czech Republic, the knowledge of which is necessary for the performance of
regulated activities; in the case of regulated activities, the pursuit of which
the relevant directive or another regulation of the European communities on the recognition
professional qualifications establishes minimum requirements for training and
the preparation, with the content of the education and training required in the Czech
Republic means the minimum requirements laid down by the regulation,
(b)) in the case of evidence of formal qualifications referred to in section 4, paragraph 4. 7 length
education and training of candidates means the length of education and training
required in the Member State of origin for the issuing of evidence of formal
qualifications appropriate to the degree to which it is in this State on a par with staven
evidence of formal qualifications of the applicant,
(c)) in assessing whether there is a difference in the content of education and training
significant, uznávací authority will take into account, in particular, whether the expert
the qualification of the tenderer provides similar guarantees protection of the interests referred to in
§ 2 (2). 2 as a special law governing the conditions for the exercise of
regulated activities.
(4) Uznávací authority meet the compensatory measures required and recognise
professional qualifications of the applicants, if uchazečova professional qualifications
meets the conditions set out in the relevant directive or another prescription
Of the European communities, which lays down a set of requirements on the professional
the qualifications, which offset the substantial differences between education and
the preparation that is required for the performance of the regulated activities in the different Member
States (hereinafter referred to as "common platform") ^ 4a), or if there is a difference in
length of education and training or a substantial difference in the content of education and
preparation of applied knowledge or experience acquired in the course of
the performance of the activities concerned or of the earlier confirmed on the basis of
other evidence of professional qualifications of the applicant.
§ 11
The choice of the applicant between an adaptation period and differential test
(1) the tenderer, which is stored with the compensatory measures referred to in paragraph 10, with the
except in the cases referred to in paragraph 2 shall be entitled to choose between
an adaptation period and differential test.
(2) the detailed legal regulation may, under the conditions laid down in the relevant
Regulation of the European communities ^ 4b) provide regulated activities
which is in derogation from paragraph 1, the choice between the candidates excluded
an adaptation period and differential test, and determine the compensation measures
that will be the candidates in these cases under the conditions referred to in section 10
saved; the provisions of the Special Act ^ 5) are not affected.
4A) article 15 of Directive 2005/36/EC.
4B) article 14, paragraph 1. 2 and 3 of Directive 2005/36/EC.
5) for example, Act No. 435/2004 Coll., on patent representatives and amending
law on measures for the protection of industrial property, as amended by
amended. ".
20. section 12 is repealed.
21. in § 13 para. 1, the first sentence is replaced by the phrase
"An adaptation period means the period of performance of a regulated activity in the Czech
Republic of the applicant under the supervision of qualified individuals for
to complement the theoretical and practical knowledge of the areas that are
part of the content of the education and training leading to the award of evidence of
formal qualifications required in the Czech Republic and whose knowledge of the
It is necessary for the performance of the regulated activity. ".
22. in § 13 para. 1 the second sentence, the word "education" shall be replaced by
"education".
23. in § 13 para. 4, the word "formal" replaced by the word "formal".
24. in § 14 para. 4 the amount "$ 100" is replaced by "Eur 5000".
25. section 15 reads as follows:
"§ 15
The implementing legislation or regulation may provide for the estates
each regulated activity or regulated activities group, with
taking into account their specificities, how to determine the length of the adaptation
the period and terms of performance and evaluation of the adaptation period and the differential
the test, including forms, content and scope of the differential test. ".
26. section 16, including the title.
27. In part one, title II, part 3, including headings and footnotes.
6 read as follows:
"Part 3
Special methods of recognition of professional qualifications
§ 17
Recognition of professional qualifications on the basis of other evidence of formal
qualifications than the documents referred to in paragraph 4 of the
(1) if the applicant holds evidence of formal qualifications
does not meet the conditions referred to in paragraph 4, in particular if the holder of the document of
formal qualifications issued in a third State and are not met
conditions referred to in section 4, paragraph 4. 6, uznávací body shall consider the knowledge and
skills validated evidence of professional qualifications of the applicant and performs
their comparison with the content of the education and training leading to the award
evidence of formal qualifications required in the Czech Republic for the performance of
regulated activities.
(2) Uznávací authority as professional qualifications of the applicant, unless that
between the knowledge and skills certified by the evidence of professional competence
the applicant and the content of education and training leading to the award of evidence of
formal qualifications required in the Czech Republic for the performance of
regulated activity is a substantial difference. Otherwise requires
applicants meet the compensatory measures.
(3) the provisions of § 9 to 11 and § 13 and 14 when the recognition referred to in paragraphs 1 and
2 shall apply mutatis mutandis.
section 18
Recognition of professional qualifications for the performance of the regulated activities in the sectors of
referred to in the annex to the directive of the European communities on
recognition of professional qualifications
(1) the authority shall recognise the professional qualifications of the Uznávací candidates for performance
regulated activities in the sector referred to in the annex to Directive
Of the European communities on the recognition of professional qualifications ^ 4a), if
the candidate in question perform the activities in the Member State of origin
in the case of a) activities referred to in the list issued by the Ministry of
the notice in the Gazette of the Ministry in accordance with the list I of annex IV
Directive of the European communities on the recognition of professional qualifications
1. for a period of 6 consecutive years as a self-employed person
or in a managerial capacity,
2. for 3 consecutive years as a self-employed person
or in a managerial capacity, where the holds evidence of formal
qualifications issued or recognised by the competent authority or body
Member State, confirming that he has at least three years of education and training,
It expertly prepared for the performance of the activities in the Member
State of origin,
3. for a period of 4 consecutive years as a self-employed person
or in a managerial capacity, where the holds evidence of formal
qualifications issued or recognised by the competent authority or body
the Member State and the certifying at least a two-year education and training,
It expertly prepared for the performance of the activities in the Member
State of origin,
4. for 3 consecutive years as a self-employed
person, if the applicant can prove that he has pursued the activity in question for at least 5
years in the employment relationship, the staff member, or other similar relationship
(hereinafter referred to as "the employment relationship") ^ 6), or
5. for a period of 5 consecutive years in an executive position, of which at least
3 years in the professional function with responsibility for at least one Department of the
the company is a holder of evidence of formal qualifications issued by or
recognised by the competent authority or institution of a Member State and
confirming at least a three-year education and training, it professional
preparing for the exercise of the activity in the Member State of origin; This
paragraph shall not apply in the case of recognition of professional qualifications for the performance of
regulated activities in the section labeled ex 855 international
standard classification of economic activities (hairdressing), while in
the cases referred to in paragraphs 1 and 4 shall not be the performance of the activities concerned
completed more than 10 years prior to the application under section 22,
(b)) in the case of the activities referred to in the list issued by the Ministry of
the notice in the Gazette of the Ministry in accordance with the list II of annex IV
Directive of the European communities on the recognition of professional qualifications
1. for a period of 5 consecutive years as a self-employed person
or in a managerial capacity,
2. for 3 consecutive years as a self-employed person
or in a managerial capacity, where the holds evidence of formal
qualifications issued or recognised by the competent authority or body
Member State, confirming that he has at least three years of education and training,
It expertly prepared for the performance of the activities in the Member
State of origin,
3. for a period of 4 consecutive years as a self-employed person
or in a managerial capacity, where the holds evidence of formal
qualifications issued or recognised by the competent authority or body
the Member State and the certifying at least a two-year education and training,
It expertly prepared for the performance of the activities in the Member
State of origin,
4. for 3 consecutive years as a self-employed person
or in a managerial capacity, where the beneficiary proves that he has pursued the tenderer in question
at least 5 years in the employment relationship,
5. for a period of 5 consecutive years in the employment relationship, if the
holds evidence of formal qualification issued or recognised
the competent authority or institution of the Member State and the certifying
at least a three-year education and training that it expertly prepared for
the performance of the activities concerned in the Member State of origin, or
6. for 6 consecutive years in the employment relationship, if the
holds evidence of formal qualification issued or recognised
the competent authority or institution of the Member State and the certifying
at least two-year education and training that it expertly prepared
for the performance of the activities concerned in the Member State of origin, taking into
the cases referred to in paragraphs 1 and 4 shall not be the performance of the activities concerned
completed more than 10 years prior to the application under section 22,
(c)) in the case of the activities referred to in the list issued by the Ministry of
the notice in the Gazette of the Ministry in accordance with the list III of annex IV
Directive of the European communities on the recognition of professional qualifications
1. for a period of 3 consecutive years as a self-employed person
or in a managerial capacity,
2. for a period of 2 consecutive years as a self-employed person
or in a managerial capacity, where the holds evidence of formal
qualifications issued or recognised by the competent authority or body
Member State and certifying the education and training that it
professionally prepared for the performance of the activity in question in the Member State
of origin,
3. for a period of 2 consecutive years as a self-employed person
or in a managerial capacity, where the beneficiary proves that he has pursued the tenderer in question
at least 3 years in the employment relationship, or
4. for 3 consecutive years in the employment relationship, if the
holds evidence of formal qualification issued or recognised
the competent authority or institution of the Member State and the certifying
education and training that it professionally prepared for the performance of the
activities in the Member State of origin, in the cases referred to in
points 1 and 3 shall be the performance of the activity ended more than 10 years
before submitting an application under section 22.
(2) the exercise of the activity in a managerial capacity in accordance with paragraph 1
means the performance of the activities concerned in a particular sector in a position
and the person in charge of business management) or branch of an undertaking,
(b) the proprietor or representative) of the person referred to in subparagraph (a)), or
(c)) of the head of the designated trade or professional
Affairs with responsibility for one or more departments of the undertaking.
(3) If you cannot recognise the professional qualifications of the applicants referred to in paragraph 1,
It shall apply the provisions of § 7 to 15 apply mutatis mutandis.
6) section 3 of the Act No. 262/2006 SB., labour code. ".
28. in section 20, paragraphs 1 and 2 shall be added:
"(1) if required for the performance of the regulated activities in the Czech Republic
proof that the applicant is of integrity, or that has not been affected by it in the administrative
offense, or for administrative or disciplinary transgressions in connection with
the performance of the activities concerned, it is considered sufficient proof issued
the competent authority of the Member State of origin, that
shows. This document is an extract from the criminal register or
similar evidence of the Member State of origin or the equivalent document issued by a
the competent authority of the Member State of origin or, if no such
registration in the Member State of origin, affidavit of applicant
his integrity.
(2) if required for the performance of the regulated activities in the Czech Republic
proof of the fact that after the period provided for special legislation ^ 2j)
against the applicants was not issued the bankruptcy decision, that was not against him
declared bankrupt or insolvency petition was dismissed for lack of
property, or that the performance of the duties of the Board, a statutory
authority or other authority of a legal person by the tenderer does not prevent the obstacle
previous action in any comparable feature in a legal entity,
on whose property has been declared bankrupt or against which the insolvency
the proposal should be rejected for lack of assets, shall be deemed sufficient
a document issued by the competent authority of the Member State of origin, that this
the fact shows. ".
29. in section 20 (2). 3, the words ", where appropriate" be deleted.
30. In § 20 paragraph 8 reads as follows:
"(8) the documents referred to in paragraphs 1 to 6 shall not be on the opening day of proceedings
on the recognition of professional qualifications (section 22 (1)) older than 3 months. ".
31. in section 22 para. 1 the words "Ministry of education, youth and
Sports (hereinafter referred to as "the Ministry") "are replaced by the word" Ministry ".
32. In paragraph 22 of the paragraph. 2 (a). a), the words ' nationality, ' shall be deleted.
33. In paragraph 22 of the paragraph. 2 (a). (b)), the word "exercise," shall be replaced by
"exercise, where appropriate, the proposed scope of authority for its performance,
and ".
34. In paragraph 22 of the paragraph. 2 (a). (c)), the words "(entrepreneur, employee)"
replaced by the words "(as a self-employed person, as the responsible
the representative of the proprietor or in the employment relationship) ".
35. In section 22 paragraph 3, including footnote # 6a:
"(3) the Applicant shall attach to the request
and) an identity card, a document certifying nationality and, where appropriate,
a document confirming the legal status referred to in § 1 (1). 2,
(b)) evidence of professional qualifications,
(c) proof of eligibility other) under section 20,
d) proof of payment of an administrative fee ^ 6a).
6a), Act No 634/2004 Coll., on administrative fees, as amended
regulations. ".
36. In paragraph 22 of the paragraph. 4, the word "formal" is replaced by "formal" and
the word "education" shall be replaced by the word "education".
37. In paragraph 22 of the paragraph. 5, the second sentence shall be inserted after the phrase "in case of doubt
uznávací is the authority is authorized to require the production of a solemn declaration on the
the facts referred to in the second sentence. ".
38. In section 22 paragraph 6 and 7 including footnote # 7 are added:
"(6) the documents referred to in paragraph 3 (b). and) shall be submitted in the copy.
Uznávací authority may demand the presentation of the original of these documents to the
inspection. The documents referred to in paragraph 3 (b). (b)), and (c)) shall be submitted in
the original or a certified copy, if it is not possible the authenticity of copies thereof
Verify through administrative cooperation. Documents shall be
They shall be submitted together with a translation into the Czech language, if it were not
released. If he has doubts about the accuracy of the uznávací authority of translation and
If you cannot verify the accuracy of the translation, through the administrative
cooperation, the uznávací authority to require the submission of candidates officially
certified translation of the document into the Czech language by an interpreter registered in
a list of experts and interpreters ^ 7).
(7) a document issued by the competent authority or institution of a Member State,
considered a public document. The authenticity of the signatures or stamps on the
This document does not validate. If in doubt about the authenticity of uznávací authority
the submitted document, the competent authority of the Member State in accordance with section 30
up to 35 to confirm their authenticity; If it is a document issued by the European
the school asks for confirmation of the authenticity of the Director of the school. If uznávací
doubt as to the jurisdiction of the authority, the authority of another Member State shall request the
the competent authority or other authority of the Member State concerned, or
The Ministry of Foreign Affairs of the Czech Republic about synergies.
7) Act No. 36/1967 Coll. on experts and interpreters as amended
regulations.
Decree No. 37/1967 Coll., to implement the law on experts and interpreters,
as amended. ".
39. In paragraph 22, the following paragraph 8 is added:
"(8) if the evidence of professional qualifications or other
of competence issued by a competent authority or institution of a third State,
where appropriate, if they are not in the evidence of formal qualifications the conditions
pursuant to section 4, paragraph 4. 6, must be the authenticity of the signatures and stamps on the
the original of this document and, where appropriate, the fact that an institution that
the document was issued, provides education and training in accordance with the laws
the third State legislation and issues the evidence of professional competence,
that are in this third State recognised without having to verify their
equivalence, certified by a competent representative office Czech Republic
and the Ministry of Foreign Affairs, or the competent authority of such
of a third State, if an international agreement, which is the Czech Republic
bound provides otherwise. ".
40. section 23, including the title shall be deleted.
41. In article 24, paragraphs 1 and 2 shall be added:
"(1) if authority of the professional qualifications of the candidates uznávací, shall take a
decision. In the uznávací decision, depending on the extent of the authority recognised
the qualifications of the applicant in addition to the General requirements shall be:
and regulated activity for) which was recognized by the professional qualifications and
the scope of authority to her performance, and
(b)) or any other form of conditions for the exercise of a regulated activity for which
was recognised professional qualifications.
(2) where the uznávací authority prior to recognition of professional qualifications meet the
compensatory measures shall be specified in the terms of execution of decision
the adaptation period and the differential test. With the exception of the cases referred to in
§ 11 (1) 2 specify the conditions of the execution of the adaptation period, as well as
differential test. A technically competent to perform regulated activities in the
The Czech Republic under special legislation, the applicant becomes a
the date of application of the decision issued under paragraph (6) ".
42. In article 24, paragraph 5 is added:
"(5) Uznávací authority is obliged to issue a decision in accordance with paragraphs 1 to 4
without delay, but no later than 60 days from the date of receipt of the
recognition of professional qualifications with the presentation of all the documents the applicant in fact and
the locally competent uznávacímu authority. Uznávací authority returns candidates
the documents referred to in section 22 para. 3 (b). (b)), and (c)) within 15 working days from the
the effective date of the decision. ".
43. In § 24 para. 6, the second sentence is replaced by the phrase "the provisions of paragraph 1
shall apply accordingly. ".
44. section 25, including the title reads as follows:
"§ 25
Recognition of professional qualifications in the common proceedings and in proceedings for a preliminary
the question of the
(1) if the recognition of professional qualifications applicants as a precondition for the emergence of
authorization to pursue self-employment, leads the
recognition of professional qualifications as a separate, joint management or control
as the preliminary ruling proceedings initiated by delivering the request to participate
or on the initiative of the authority competent to decide about the formation of permission to
self-employment.
(2) Uznávací authority is obliged to decide in the common management
without delay, at the latest, however, within the time limit under § 24 para. 5, to which the
added time up to 30 days, if it is a particularly complex case.
Decide if the uznávací in the common management of the authority at the same time about the emergence of
authorization to pursue self-employment persons other than
the Tenderer shall issue, on the recognition of professional qualifications the applicant always separate
decision.
(3) where the uznávací authority prior to recognition of professional qualifications meet the
compensation measures, it shall proceed in accordance with § 24 para. 2. Joint management
pauses and resumes it after the candidate provide evidence that the
the compensation measures. If the applicant submits the fulfillment of compensation
measures up to 1 year from the date of expiry of the period laid down by the resolution on
interruption of joint management to meet the compensation measures may
These proceedings be stopped.
(4) where the uznávací authority in the preliminary ruling procedure before the recognition of the
professional qualifications meet the compensatory measures, it shall proceed in accordance with §
24 paragraph 2. 2. the procedure for the formation of the permission to exercise self-employed
activity is interrupted and it continues after the candidate shall demonstrate
meet the compensatory measures. If the applicant submits the fulfilment of
compensation measures within 1 year from the date of expiry of the period laid down for the
meet the compensatory measures in the resolution on the proceedings of
authorization to pursue self-employment, this procedure may be
stopped.
(5) for a preliminary ruling, or joint management in accordance with paragraphs 1 to
4 cannot be performed
and if permission to) self-employment arises on the
the basis of the Declaration or notification,
(b)) for the activities that are regulated by the trade law. ".
45. In paragraph 26, at the end of paragraph 1, the following sentence "establishes a special
law as a condition of maintaining professional competence for the exercise of
regulated activities later examination of professional knowledge or their
additional tweens, this obligation is not affected by this Act. ".
46. In § 26 para. 3, the word "education" shall be replaced by the word "education".
47. section 27 including the title reads as follows:
the "section 27
The use of professional titles
(1) if it is in the Czech Republic regulated the activity exercised by persons
using in the performance of the regulated activities of special professional
designation under a special legal regulation, the tenderer which has been
recognised professional qualifications pursuant to section 6 to 18 or verified professional
qualification under section 36b para. 6 (a). (b)), or (c)), that meets the
other eligibility requirements under section 20 and is to pursue a regulated
activities in the Czech Republic shall be entitled to a similar level as the person
taking in the exercise of the professional title under the Special
law, the right to use the professional title. Uznávací
authority may, in justified cases, to grant the right to use this
professional title and in the notice under section 36b para. 2. The professional title
It is stated in the Czech language.
(2) the tenderer, in the Czech Republic carries out a regulated activity
temporarily or occasionally in conditions under section 36a, uses professional
the designation of the Member State of origin in accordance with its laws and regulations and in
the official language or one of the official languages of the Member State
origin. ".
48. In section 28 paragraph 2 reads as follows:
"(2) the Ministry of
and coordinates the activities of recognition authorities) under this Act in the Czech
Republic,
(b)) represents the Czech Republic in a group of national coordinators on the
the level of the European communities,
(c)) shall, in cooperation with the Ministry of industry and trade of the function
information point for the system for the recognition of professional qualifications provided for in this
the law, specific legislation and regulations of the European
Community ^ 1), in particular by providing information on the system of recognition
professional qualifications, specific legal and professional regulations
the conditions governing the performance of the regulated activities, about the possibilities and
the conditions of recognition of proof of professional qualifications in the United Kingdom, about
factually appropriate certification authority and about the elements of the application referred to in
This law,
(d)) shall, in cooperation with the Ministry of industry and trade of the function
information point for the system for the recognition of professional qualifications for people
which they intend to apply for the recognition of professional qualifications acquired in the United
for the performance of the regulated activities in another Member State, in particular
by providing information about the information points in the other Member
States,
e) maintains an information system for the recognition of professional qualifications, which
part of the records of all applicants, including data on the outcome of proceedings of the
the recognition of their professional qualifications,
f) coordinate the implementation of administrative cooperation pursuant to section 30 to 35,
(g) hearing with the Commission) of the European Communities (hereinafter referred to as "the Commission")
exemptions from the obligation to allow the applicant the choice between an adaptation period and
differential test
h) discussing with the Commission of the European communities legislation changes in the area of
recognition of professional qualifications,
I) prepares for the Commission regular reports on the application of this Act
or special regulations in the field of recognition of professional
qualifications,
(j)) provides the Commission, at its request, with information on the results of
administrative cooperation in the particular case in which it is decided
on the recognition of professional qualifications, the applicant
to the journal of communication) is issued by the Ministry of the list of controlled
activities in the Czech Republic, belong to the jurisdiction of the recognition
authorities and according to the scope of the directives or regulations of the European
the community in the field of recognition of professional qualifications, and a list of
regulated activities for which the temporary or transient performance in the context of the
the provision of services in the Czech Republic a special law requires
the validation of professional qualifications (para. 36b), and the lists referred to in § 3 (1). 1
(a). (e)), section 5, section 4, paragraph 4. 3 (b). (b)), § 6 para. 3, § 8 para. 2 and section 18
paragraph. 1 (b). a) to (c)) and to keep the lists updated and
l) collect the information relevant for the application of the system of recognition
a professional qualification at the level of the European communities, and in particular
information about the requirements of the legislation of the Member States, which is
on their territory subject to the performance of the regulated activity. ".
49. In § 28 para. 3 the words "(a). a), b) and (f)) "shall be deleted.
50. in section 29 para. 2 at the end of the text of the letter b), the words ", and
provides this information to the Ministry through the information
system for the recognition of professional qualifications [§ 28 para. 2 (b), (e))]; It
does not apply in the case where the special law does not allow for the provision of information ".
51. In section 29 para. 2 (a). (c)), the word "to" is replaced by ") l)".
52. In section 29 para. 2 letter e) is added:
"e) within its jurisdiction publishes the implementing legislation or
the estates regulations for each regulated activity or
the Group of regulated activities, taking into account their specificities,
provides further details regarding the conditions of performance of the adaptation
period and differential tests and their evaluation. "
53. In section 29 para. 2, letter e) the following points (f) and (g))),
that including the footnotes # 15a and 15b are inserted:
"(f)) discussing with the national coordinator of legislative proposals or
professional rules in the scope of the Authority relating to the uznávacího
regulated activities, in particular in the issues of recognition of professional qualifications,
(g)) is entitled to deliver opinions on the draft study programs ^ 15a)
or educational programs for higher vocational education ^ 15b) aimed
to prepare for the exercise of a regulated profession prior to their assessment of the
Accreditation by the Commission or the Accreditation Commission for higher vocational education
under special legislation and
15A) § 78 to 81 of Act No. 111/1998 Coll., as amended.
15B) § 6 and § 104 to 107 of Act No. 561/2004 Coll. on pre-school,
primary, secondary, higher vocational and other education (the education
the law). ".
Subparagraph (f)) is renumbered as paragraph (h)).
54. In article 29, paragraph 4 shall be deleted.
55. under section 29 shall be added to § 29a, including title and notes
footnote # 15 c and 15 d is added:
"§ 29a
Certificate of professional competence and the performance of the activities concerned
(1) natural persons who are authorised to carry out regulated activities
in the Czech Republic and seek to carry on this activity in another Member
State uznávací authority on the basis of their application, issue a certificate
and) about whether the activity in question in the territory of the Czech Republic regulated by
and whether it is in the Czech Republic carried out under the professional title of
the scope of authorization to pursue the regulated activities in the territory of the United
States, on the content of education and training required in the Czech Republic
[article 10, paragraph 3 (a))] and the length of this education and training, or
whether it comes to regulated courses,
(b)) about whether a natural person for the performance of the regulated activities in the territory of
The United States technically qualified [section 3, paragraph 1, point (b)) 1]
the extent of its authorization to pursue the regulated activities, whether it is
in the exercise of a regulated activity shall be entitled to use the professional title,
or about whether education and training, which she attended, it is
regulated education or meets the minimum requirements for training
and the preparation of the relevant directive of the European Communities laid down by
recognition of professional qualifications,
(c)) and the form of the performance of the controlled activity of a natural person, the time of
its beginning and end, of the professional activities, which were part of the
its exercise, stating that her performance is not disabled candidates or
suspended, or whether the natural person controlled activity
engaged in a managerial capacity,
(d)) about whether the evidence of formal qualifications recognized by natural persons
or has been confirmed in the Czech Republic as being equivalent to the document issued by the
The Czech Republic, or whether this document in the Czech Republic
be accorded equivalent to evidence of formal qualifications which
is required for the performance of the regulated activities in the territory of the Czech Republic,
e) whether at the date of issue of the certificate natural person fulfils the requirement
eligibility for the performance of other regulated activities under the Special
legislation, or an indication that for the performance of the regulated activities
in the Czech Republic other eligibility condition is not required.
(2) natural persons who are entitled to exercise in the Czech Republic
the activity in question, unless such activity is regulated in the Czech Republic,
and they intend to carry out this activity in another Member State, on the basis of
their requests are issued by
the Central Administrative Office) and the United States, to whose jurisdiction the question
the activity belongs or whose competence is nearest the activities concerned,
certificate
1. about the length and form of the exercise of the activity of a natural person on the territory of the
The United States, the time of commencement and completion of professional
activities that were part of its exercise, where appropriate, on whether
natural person in question has pursued an activity in a managerial capacity,
2. whether the natural person graduated from the education and training that it
professionally prepared for the performance of the activities in question in the territory of the United
Republic [§ 3, paragraph 1, point (b)) 2], or about whether the education
and training, which she attended, is regulated education,
3. whether at the date of issue of the certificate natural person fulfils the requirement
other qualifications for the performance of the activities under the Special
legislation, or an indication that for the performance of the activities concerned
in the Czech Republic does not require any other eligibility condition
(b)) the Ministry of the Ministry of Defense or, where appropriate, the Ministry of
the Home Office, or College, or other educational institution
The United States, where appropriate, the Regional Office of the ^ 15 c), certificates:
1. about the length, the type of study or educational training program
a natural person, the time of commencement and completion of a course of physical persons in the
the programme and the activities the pursuit of which is technically ready [§ 3
paragraph. 1 (b). (b) point 2)] ^ 15 d)
2. that the evidence of formal qualifications of a natural person, if it was issued
the competent authority or institution of a third country or a European school
If confirmed, or education and training acquired for the most part outside the
Member States, recognised or confirmed in the Czech Republic as
equivalent document issued by a competent authority on education or
institutions of the Czech Republic.
(3) a certificate referred to in paragraphs 1 and 2 shall contain the following particulars:
and the designation of the institution or body), that certificate is issued,
(b)) the name or name, surname, date of birth and State
the jurisdiction of the applicant,
(c)) the facts referred to in paragraph 1 or 2, in full or in part
According to the request of an authorized person and
(d) the date of issue of the certificate).
(4) the certificate shall be issued on the basis of an application submitted, along with the documents,
which is evidenced by the fact osvědčované. In the case of the issuance of
the certificate that was issued to the applicant a decision on bankruptcy, that
against him has not been declared bankrupt, and this Declaration was not rejected
because its assets are no longer sufficient to cover the costs of the insolvency
proceedings, or that the performance of the duties of the Board, a statutory
authority or other authority of a legal person by the applicant does not prevent the obstacle
previous action in any comparable feature in a legal entity,
on whose property has been declared bankrupt or against which the insolvency
the proposal should be rejected for lack of assets ^ 2j), certificate of the time and form of
the performance of the activities of the applicant in the Czech Republic, about the time of its
the start and end, and about the professional activities that were part of the
its exercise, unless these activities are regulated in the Czech Republic, and
certificate as to whether the applicant has pursued the activity in question in the leading
position, it is possible to evidence the Charter to replace the formal declaration
made by the applicant prior to the certification authority or the central administrative
the authority, whose scope of activity in question belongs, or whose
the scope of the activities in question is the closest. College may issue
the certificate referred to in paragraph 2 (a). (b) point 1 replace the issue) of the appendix to
Diploma of higher education according to the law, if in Appendix i shall be
the particulars referred to in paragraph 2 (a). (b)) and paragraph 3 of section 1.
15 c) section 108 of the Act No. 561/2004 Coll., as amended.
15 d), for example, section 55 and 57 of Act No. 111/1998 Coll., as amended by Act No.
552/2005 Coll. ".
56. In § 30 paragraph 3 reads:
"(3) the subject of administrative cooperation are:
and) on a common approach of the competent authorities of the Member States in the field of
recognition of professional qualifications,
(b)) about whether the activity in question is a Member State of origin of the controlled
activities, on the scope of authorization to pursue the regulated activities, about which
are the requirements of the Member State of origin on the skills required for the performance of
regulated activities and whether it is a candidate for her performance of expertly
qualified, and if there is no activity in question in the Member State of origin
regulated activities, professional activities are usually part of the
its performance and whether the candidate graduated from the education and training that it
professionally prepared for the performance of the activities concerned,
(c)) about whether the applicant's education and training are regulated
education, where appropriate, whether the applicant's education and training
regulated education referred to in the annex to the directive or
other Act European communities on the recognition of professional
qualifications,
(d)) with a length of, the form and content of education and training, about the time the applicant
its start and end, or whether it meets the minimum requirements
on the education and training provided for the relevant directive or other
Regulation of the European communities on the recognition of professional qualifications,
(e)) and the form of the exercise of the activity in the territory of a Member State
of origin, the time of commencement and termination of the professional activities and that
they were part of her performance,
(f)) about it, what are the requirements for the competence of another subject
activities in the Member State and whether the candidate meets the,
g) about whether the service provider is established in the Member State of origin and
whether it has fulfilled all the conditions laid down by the legislation of the
Member State for the performance of the activities concerned,
(h)) about the criminal, administrative or disciplinary liability associated with
the performance of the activities concerned and the corresponding penalty the service provider
and on complaints lodged against the recipient of the service provider,
I) about whether the activity in question in the Member State of origin exercised
under a professional title, and whether the applicant is the professional title
authorized to use,
(j)) consisting in verifying the authenticity of the proof of professional qualifications, or
other eligibility
k) about whether the authority of the Member State of origin which issued the document of
professional qualifications, or other fitness, is the competent authority in
accordance with the legislation of the Member State of origin,
l) about whether the evidence of formal qualifications issued by institutions
the Member State [article 3, paragraph 1 (b), (f))],
m) about whether the evidence of formal qualifications issued by a competent authority of the
or the institution of the Member State of origin which confirms completion of
education and training in another State, is recognised in the Member State of origin
as equivalent to evidence of formal qualifications which the applicant is
professionally qualified for the performance of the regulated activity or, if not
the activity in question in the Member State of origin which certifies regulated
education and training, which candidates professionally prepare for performance
the activities concerned,
n) about other facts relevant for the decision in accordance with §
24. ".
57. section 36 is repealed.
58. in the first section for the following new title VII title VIII, including
title and footnotes # 17:
"TITLE VIII
TEMPORARY OR CASUAL PERFORMANCE OF THE REGULATED ACTIVITIES IN THE TERRITORY OF THE UNITED
STATES IN THE FRAMEWORK OF THE FREEDOM TO PROVIDE SERVICES
§ 36a
Notification
(1) a candidate who is a national of a Member State or that
He was posted to the territory of the Czech Republic within the framework of the provision of services
by an employer established in another Member State of the European Union and in the
accordance with the legislation of the Member State of origin in question carries out
an activity that is regulated activities in the Czech Republic, is entitled to
to carry out this activity temporarily or occasionally in the Czech
Republic, without a registration, registration, permits,
authorization, or membership in professional Chamber under a special legal
prescription and without asks for the recognition of professional qualifications pursuant to section 6 to 18 and
recognition of other eligibility under section 20, if they meet the conditions referred to in
paragraphs 2 to 4 and 6 and, if provided for by a special law, the conditions under section
36B. Whether the regulated activity is carried out temporarily or occasionally,
shall be assessed, in particular with regard to its duration, its frequency, its regularity and
continuity of business in the territory of the Czech Republic ^ 17).
(2) if there is no activity in question in the Member State of origin regulated, is
the tenderer must demonstrate that in the Member State of origin to exercise
activity in question for at least 2 years during the previous 10 years,
or submit proof of regulated training which it professionally
preparing for the performance of the activities concerned in the Member State of origin [§ 3
paragraph. 1 (b). (b)) section 2].
(3) if required for the performance of the regulated activities in the Czech Republic
proof of liability insurance for damage caused in the performance of
regulated activities, the applicant is obliged to prove that the insured in
the extent and under the conditions required by the specific legislation.
(4) the Applicant shall, before commencing a controlled
activity in the territory of the Czech Republic, in writing notify the provision of services to
uznávacímu authority of the Czech Republic. The notification shall be accompanied by:
and) an identity card, a document certifying the nationality of the applicant and
where appropriate, a document confirming the legal status referred to in § 1 (1). 2,
(b)) a document confirming that the applicant is established in the Member State of origin and in the
accordance with its legislation carries out the activity in question and the
authorization to pursue the activity in question in the Member State of origin has not been
withdrawn or suspended temporarily,
(c)) evidence of professional qualifications,
(d)) a document referred to in paragraph 2, unless the activity in question in the Member State
the origin of the regulated
(e)) a document referred to in paragraph 3, is required for the performance of the regulated
activities in the Czech Republic, proof of liability insurance
due to the performance of the regulated activities.
Uznávací authority shall keep the data on the candidates, and it reported the facts in
a separate registration. At the request of the register can issue an official copy of the
listing or a confirmation of a particular registration, where applicable, confirmation of the fact that in
the registration of the registration if the applicant is not a legitimate interest.
The provisions of § 22 para. 4 to 8 shall apply mutatis mutandis.
(5) If a notice or documents accompanying it Essentials
According to the administrative code or paragraph 4, will help the uznávací authority of the candidates
gaps on the spot or it immediately prompts you to their
the deletion. At the same time it notifies you that by the time of the removal of defects
where appropriate, the period referred to in section paragraph 36b. 6, establishes a special law
the condition verification of professional qualifications, it shall not be entitled in the territory of the United
Republic of regulated activity.
(6) the tenderer is obliged to inform the authority about the changes uznávací
all the facts referred to in the notice or document to the notification
the attached, including the facts that could be the reason for the demise of the
permission to carry out regulated activities of temporary or occasional basis on
the territory of the Czech Republic. If the applicant intends to temporarily or occasionally
to carry out regulated activities within the territory of the Czech Republic after the expiry of 12
months from the date of filing of a complete notification is obliged to submit the notification
Once again. When you notice the applicant is obliged to submit
the documents referred to in paragraph 4 (b). b) to (e)) only in the case of changes
the facts contained in the original notification or in the documentation for this
notice attached.
section 36b
The validation of professional qualifications
(1) if provided for by a special law, the authority is authorized to uznávací after
receipt of notice before the start of the performance of temporary or occasional
regulated activities in the territory of the Czech Republic, whose performance can seriously
endanger the life, health or safety of persons, verify the professional qualifications of the
for the applicant. This does not apply in the case of the applicant, that the regulated
activity in the territory of the Czech Republic as established or visiting a person
performs or performed and which has been recognised in the Czech Republic, or
certified professional qualifications to perform this work.
(2) if the uznávací has authority in the reasoned case, especially if the
candidate a person in the field recognized or regulated activity
exercised to the extent in which is a threat to life, health, or
safety of persons is negligible, for verification of the applicant's professional qualifications
in accordance with paragraph 3, shall forthwith deliver the notice about the candidates.
(3) if the uznávací authority validates the professional qualifications of the candidates, the issues and
delivers the candidates within 30 days of receipt of a complete notification containing
all required documents, after removal, where weaknesses (§ 36a
paragraph. 5), a decision on the validation of professional qualifications. In a particularly complex
cases shall notify the applicant authority uznávací extension of the deadline for the issue and
notification of the decision within a maximum of 30 days. Uznávací authority
promptly shall issue and deliver to the applicants of the decision on the verification of the professional
a qualification with the statement that there was no substantial difference between its
professional qualifications and professional qualifications, which is required in
The Czech Republic, if the
and the candidate intends to) on the territory of the United States to pursue a regulated
the activities for which the performance of the relevant directive or another prescription
Of the European communities provides for the recognition of professional qualifications
the minimum requirements for education and training, and is the holder of the document of
formal qualifications, which satisfies the conditions laid down by the
Regulation, or
(b)) uchazečova professional qualifications meets the conditions of common platforms
for the performance of the relevant regulated activities.
(4) if the professional qualifications of the candidates and between professional competence
required in the Czech Republic found a substantial difference in this
to the extent that the difference in the performance of the regulated activities could
the applicant seriously endanger the life, health or safety of persons, uznávací
authority
applicants shall notify the decision) that is not entitled to exercise a regulated
activities on the territory of the Czech Republic, and
(b)) in the decision referred to in paragraph 3 allows candidates to demonstrate knowledge of
missing theoretical or practical areas. Knowledge of the missing
theoretical and practical areas to prove the differential test
or by other suitable measures. Saves the uznávací authority of the applicant to
demonstrated knowledge of missing theoretical or practical areas,
allow candidates to demonstrate this knowledge within 20 working days
from the delivery of the decision on the validation of professional qualifications referred to in paragraph 3.
Saves the uznávací authority of the candidates to perform differential test
to perform this test within the time limit referred to in the previous sentence.
(5) Uznávací within 5 working days from the execution of the differential
tests or meet other appropriate measures by the applicant this exam
or this measure evaluates the result of the evaluation and issue
decision.
(6) the right of temporary or occasional exercise of regulated activities
subject to the validation of professional qualifications referred to in paragraph 1 on the territory of the United
Republic of candidates begins on the day
and uznávacího authority) the notification referred to in paragraph 2 concerning the waiving of verification
professional qualifications,
(b)) issue authorization decisions of professional qualifications referred to in paragraph 3,
If it is not detected a substantial difference between the professional qualifications of the applicants, and
professional competence that is required in the Czech Republic, in which
to the extent that the difference could, in the exercise of a regulated activity on the
the territory of the United States gravely threaten the life, health or safety of persons,
(c)) of the decision after passing a differential exam or
meet other appropriate measures referred to in paragraph 4 (b). (b)), or
(d) the expiry of the vain) under paragraph 3 or 5, if the uznávací authority
in accordance with these time limits; This does not apply if the failure to comply with
the time limits occurred as a result of the conduct of the applicant.
(7) the costs of the validation of professional qualifications associated with executing
differential exams the candidate. The decision referred to in paragraph 6 (b). (b)), and
(c)) for the purposes of performance of the regulated activities in the territory of the Czech Republic
the same legal effects as the decision on the recognition of professional qualifications by
§ 24 para. 1 and 6.
Article 50 paragraph 17). 3 of the Treaty establishing the European Community. ".
Title VIII is known as title IX.
59. section 37 and 38, including headings and footnotes # 17b, 18 and 19
shall be added:
"§ 37
An assessment of professional qualifications of public employer
(1) if required in the Czech Republic is evidence of formal qualifications for
the performance of the regulated activities in the employment relationship [section 18, paragraph 1, point (a).
and section 4)] and of any regulated activities based on performance
employment relationship with the employer, which is
and Czech Republic) ^ 6)
(b) State allowance organisation,)
(c) any local government unit)
(d)), an organization which carries out the function of the founder of the territorial
Government Unit,
e) other legal person, if
1. was founded or established for the purpose of meeting needs in the General
interest and
2. is financed mainly by the State or other public contracting authority ^ 17b)
or is the State or other public contracting authority controlled by the State or other
the contracting authority shall appoint or elect more than half of the members in her
statutory, administrative, supervisory and control body,
(hereinafter referred to as "public employer"), shall assess the professional qualifications of the
and the eligibility of the competent authority that for an employer is, in
hiring employment relationship or within the selection
control to the cast function.
(2) whether the candidate satisfies the condition of professional qualifications and other
eligibility for admission to an employment relationship or for the inclusion of
the selection procedure of the cast function, or whether it will be after him
public employer as a condition of admission to employment
relationship, or the inclusion in a selection procedure require that the
compensation measures, it shall inform the employer of the public service
not later than 90 days from the date of receipt of the documents referred to in section 22 para. 3 (b).
(b)), and (c)), necessary for assessing professional qualifications and other eligibility
for the applicant.
(3) on the assessment of professional qualifications and other eligibility pursuant to paragraphs
1 and 2 shall not apply the provisions of § 3 para. 1 (b). I), section 22 para. 1 to 3,
§ 22 para. 7 and 8, sections 24 and 25, § 29 para. 1 and 2, § 29a, § 30 to 35 and §
36A and 36b. The provisions of § 13 para. 3 and § 14 para. 3 shall apply mutatis mutandis.
Administrative cooperation is performed by a public employer in particular
through the Ministry of. The costs of the expert assessment
qualification, associated with executing a differential test, shall be borne by the tenderer.
(4) the provisions of paragraphs 1 to 3 shall not apply to the recognition of professional
qualification for the exercise of health professions and activities
related to the provision of health care ^ 19).
§ 38
A mandate
(1) Uznávací authority may determine, after consultation with the National Coordinator
Decree or prosecutors a list of theoretical and practical
areas that make up the content of the education and training required in the Czech
for the performance of the regulated activity [§ 10 para. 3 (a))]
the content of education and training is not obvious from a special legal
prescription.
(2) the authority may issue a decree of Uznávací or prosecutors to lay down
for each regulated activity or regulated activities group
For more details concerning the conditions governing the performance of the adaptation period and the
the diff tests and their evaluation.
(3) the Government may by regulation to perform this Act provide for regulated
activities for which there is no choice of candidates between an adaptation period
and differential test, and determine the compensatory measure that will be
the applicants in these cases.
(4) the Ministry may provide the model for professional qualification and
the performance of the activities concerned (para. 29a).
17B) Act No. 137/2006 Coll., on public procurement, as amended
regulations.
18) Act No. 219/2000 Coll., on the Czech Republic and its assets
in legal relations, as amended.
19) Act No. 95/2004 Coll., as amended.
Law No. 96/2004 Coll., as amended. ".
60. in the first section of his head following new title IX X, including
Title:
"THE TITLE X
MISDEMEANORS
§ 38a
(1) a natural person has committed the offence by
and) deliberately used professional indications or designations expertise in conflict with
This or the Special Act, or
b) comply with the conditions laid down in this or the Special Act
It operates temporarily or occasionally gainful activity that is
regulated activities.
(2) for the offence referred to in paragraph 1 may be to impose a fine up to $ 10,000. For
the offense referred to in paragraph 1 (b). (b)) can be saved also prohibition of activity on the
for up to 1 year. ".
61. Annex No. 2 and 4 are deleted.
Article. (II)
Transitional provision
Proceedings on the recognition of professional qualifications and other eligibility, which have not been
finally completed before the date of entry into force of this Act,
According to present regulations. completes
Article. (III)
The Prime Minister shall be empowered, in the collection of laws promulgated the full text
Law No. 18/2004 Coll., on the recognition of professional qualifications and other
eligibility of nationals of the Member States of the European Union and the
some nationals of other States and on amendments to certain acts (the Act on
recognition of professional qualifications), as is apparent from later laws.
PART TWO
Amendment of the Act concerning the conditions of acquisition and recognition of professional competence and
specialized qualifications for the medical profession of the doctor,
dentist and pharmacist
Article. (IV)
Act No. 95/2004 Coll., on conditions for the acquisition and recognition of professional
competence and specialized competence to perform the medical
the professions of doctor, dentist and pharmacist, as amended by Act No.
125/2005 Coll. and Act No. 124/2008 Coll., is amended as follows:
1. In article 1, paragraphs 1 to 3, including footnotes 1 and 1a shall be added:
"(1) this Act incorporates the relevant provisions of European law
Community ^ 1) and edits
and the conditions of obtaining eligibility) for the medical profession
doctor, dentist and pharmacist in the Czech Republic,
b) lifelong learning of doctor, dentist and pharmacist,
(c) recognition of competence) for the medical profession of the doctor,
dentist and pharmacist
1. persons who have obtained qualifications in another Member State than in the Czech
Republic (part seven)
2. the persons referred to in section 7 (d)), the free provision of services hosting
persons (part seven).
(2) this Act applies to the certification of competence to perform
the medical professions of doctor, dentist or pharmacist that
he intends to pursue on the territory of the Czech Republic as a self
self-employed or as an employee of, or person established or
visiting.
(3) The training of health workers under this Act shall
not covered by the law on the recognition of the results of further education ^ 1a).
1) European Parliament and Council Directive 2005/36/EC of 7 September 2004. September 2005
on the recognition of professional qualifications.
Council Directive 2003/9/EC of 27 June 2002. January 2003, which establishes the
the minimum standards for the reception of asylum seekers.
Council Directive 2003/86/EC of 22 December 2004. September 2003 on the right to merge
family.
Council Directive 2003/109/EC of 25 March 2002. November 2003 on the status of
third-country nationals who are long-term
residents.
Council Directive 2004/83/EC of 29 April 2004. of 29 April 2004 on minimum standards for
subject to the third-country nationals or persons without
nationality, to be able to apply for refugee status or persons
that other reasons need international protection and the content of
the protection granted.
Council Directive 2005/71/EC of 12 July 2005. October 2005 on a specific procedure for the
acceptance of third-country nationals for purposes of scientific
research.
Council Directive 2004/81/EC of 29 April 2004. April 2004 on the residence permit for
third-country nationals who are victims of trafficking in human beings
or have been the subject of illegal immigration and who
cooperate with the competent authorities.
European Parliament and Council Directive 2004/38/EC of 29 April 2004. April 2004
on the right of citizens of the Union and their family members to
move and reside freely within the territory of the Member States, amending Regulation (EEC) No.
1612/68 and repealing directives 64/221/EEC, 68/360/EEC, 72/194/EEC,
73/148/EEC, 75/34/EEC, 75/35/EEC, 90/364/EEC, 90/365/EEC and 93/96/EEC.
Council Directive 2004/114/EC of 13 April 2004. December 2004 on the conditions of
acceptance of third-country nationals for purposes of study, Exchange
stays of pupils, unpaid training or voluntary service.
Council Directive 2001/55/EC of 20 May 1999. July 2001 on minimum standards for the
for giving temporary protection in the event of a mass influx
displaced persons and on measures to ensure balance between the Member
States effort in connection with the adoption of these persons and with the
the consequences arising from it.
1A) Act No. 179/2006 Coll., on validation and recognition of the results of the next
education and on amendments to certain acts (the Act on the recognition of the results
continuing education), as amended. ".
The current paragraph 2 shall become paragraph 4.
2. In paragraph 2 (a). e), the words ", including the operation of private practice,"
be deleted and at the end of the text, the words "shall be added; These activities shall establish
Government Regulation ".
3. In article 2, subparagraph (f) at the end of the text), the words "; These activities
determined by the Government Regulation ".
4. In section 2, at the end of subparagraph (f)) dot replaced with a comma and the following
points (g) to (l))), including footnotes # 2a and 2b are inserted:
"g) organising University, legal person established
Ministry or other legal entity that carries out activities on the
the basis of this Act and the contract; a University is considered to be high school
the University ^ 2a), which carries out the appropriate accredited medical
Master's degree programme, which carries out activities on the basis of
This Act and the Treaty,
h) by a Member State, the Member State of the European Union, the other Contracting State of the agreement
on the European economic area or the Swiss Confederation,
I) training place in the scope of the fixed weekly working
time ^ 2 b), within a specified scope of specialized training in
an accredited facility,
j) residential place of training instead of at an accredited workplace, which
It is co-financed from the State budget,
to a resident of the participant of specialized education), participating in the
specialized training on a residential place
l) support companies in professional society of the Czech medical
company Jan Evangelista Purkyně University and other professional societies;
further conditions are set by the Ministry of health implementing
provision.
2A) section 2 of the Act No. 111/1998 Coll.
2B) Act No. 262/2006 SB., labour code, as amended
regulations. ".
5. in section 2, the following paragraph 2a is inserted:
"§ 2a
(1) where this Act provides the requirements for the length of the performance of the medical
occupation, this means the profession at least half of the
fixed weekly working time ^ 2b). If a health professional
carries out health profession in a lower range than in the scope of
weekly working hours, the required length of the profession shall be reduced proportionately
to be extended. Until the medical profession is counted times
sick leave and maternity leave, or time period
parental leave for fathers, but most in the range of the length of the parent
holiday. Military active service shall be included, if exercised in
the profession under this Act.
(2) paragraph 1 shall not apply to the exercise of the medical profession in the course of the
acquisition of specialized competence (§ 5), and to demonstrate the performance of
for the recognition of qualifications on the basis of acquired rights. ".
6. in section 3, paragraph 2, including the footnote No 2 c and 3 read as follows:
"(2) a health professional is obliged to demonstrate medical fitness to
the profession of medical opinion ^ 2 c) issued on the basis of medical
tours. The medical report issued by a registered general practitioner, and
If not, another general practitioner. The list of diseases, conditions or defects that
exclude or limit the medical fitness to practise the profession, the content
medical examinations and medical opinion lays down detailed requirements
legal prescription. Medical eligibility is determined
and a) before practising the profession and before continuing with the performance
profession, if the profession was interrupted for more than 3 years,
(b)) in the case of reasonable suspicion that there has been a change in the health status of
healthcare professional
1. at the request of the administrative authority that issued the permission to operate
medical equipment under a special legal regulation ^ 3), if the
a worker who provides medical care on their own behalf, or on the
Representative, if appointed ^ 3) or
2. at the request of the employer, in the case of an employee who, according to
medical opinion doctor equipment preventive care easily
medical fitness to work.
Individuals who have been recognized by the medical requirements under part
the seventh, evidenced by the decision of the Ministry of health (section 31)
before the start of the profession. The visiting persons show
health eligibility document required in the Member State of origin (para.
29).
2 c) section 77 of Act No. 20/1966 Coll., on the health care of the people, as amended by
amended.
3) Law No 160/1992 Coll., on health care in non-State medical
devices, as amended. ".
7. in section 3, paragraph 3. 3, the word "punishment" the words "or the like
the register "and at the end of paragraph 3, the following sentence" the natural persons
which has been recognised in accordance with part seven, integrity demonstrate integrity
by decision of the Ministry of (§ 31) before the start of the profession.
Visiting people attest to the integrity of the document required in the Member
State of origin (section 30). ".
8. In section 4 paragraph 2 reads as follows:
"(2) in the exercise of the professions of doctor with professional qualification is considered to be
preventive, diagnostic, therapeutic, rehabilitative and dispensary care
performed by a doctor with competence under the expert supervision of a doctor
with specialised competence in the relevant area. Without vocational
supervision, your doctor may with competence on the basis of the certificate of
Basic strain of the competent specialized scope that
published by the Ministry in charge of the Organization, as appropriate, to undertake activities
laid down by the implementing regulation. For the purposes of § 5 para. 5,
the exercise of the professions of doctor also considers the methodological, conceptual, research, and
educational activities in the field of health care. ".
9. in paragraph 4, the following paragraph 3 is added:
"(3) the performance of the activities referred to in paragraph 2, the second sentence is not considered
a separate profession pursuant to § 5 para. 3. ".
10. in paragraph 5 of the text at the end of paragraph 1, the following sentence "part of the
specialized education is the basic of the tribe of the competent
specialized scope. ".
11. in section 5, paragraph 2 reads as follows:
"(2) Fields of specialized training, the minimum length of specialized
education in the field, the activities of doctors, the indication of the skill and
convert the specialties under the former legislation on
new scopes of specialized education Ministry Decree lays down after
consultation with the universities, the Czech Medical Chamber and expert
companies. ".
12. in section 5, paragraph 3, including footnote No. 6 reads as follows:
"(3) the requirement for a separate profession of doctor is getting
specialized qualifications, unless this Act provides otherwise. Performance
the professions of doctor with specialised competence is an activity referred to in section
4 (4). 2 and on the activities of the training, assessment and revision. The condition for
a separate profession of the doctor in the head function or as persons
self-employed or as a representative of the medical
device under other legislation on non-State medical
device ^ 6) is to acquire specialized qualifications, which is evidenced by the
the diploma pursuant to paragraph 1, where appropriate, the certificate or by decision of the
the Ministry under section 44.
6) Law No 160/1992 Coll., as amended. ".
13. in section 5, paragraph 4 is added:
"(4) Specialized training takes place as a day's training in the
accredited facilities (section 13), within the range of the corresponding specified
the weekly working time of ^ 2b) and is remunerated ^ 2b); specialized education
can be run as a part-time training, it is lower than
is provided for working hours. In this case, the overall duration, level and
the quality may be lower than in the case of a day's training. ".
14. in § 5 paragraph 5 is added:
"(5) the training shall be carried out in the exercise of the medical
the profession according to the educational programs of individual specialties
and includes participation in all the medical procedures in the scope in which the
specialized training is in progress, including possible participation in services
continuous operating mode of work. Educational programs approved
the Ministry and published in Journal of the Ministry of health,
in doing so, works with universities, the Czech Medical Chamber, professional
accredited companies and educational institutions. Educational
the programmes concerning the medical medicine establishes a Ministry in
cooperation with the Ministry of labour and Social Affairs. "
15. in § 5 para. 6, after the words "programme provides for Word
"minimal" and after the word "length" is inserted after the words "training, broken down" and
at the end of the paragraph, the following sentence "the program also provides
the scope and content of the parts of the preparation necessary for the issuing of the certificate
Basic scope of specialized strain of competent pursuant to §
4 (4). 2. ".
16. in section 5, paragraph 7, including footnote # 7:
"(7) into the specialized training of doctors with students and graduates
Doctoral study programme ^ 7) shall be counted in accordance with paragraphs 4 and 5
time of the medical profession in the course of study in a doctoral
study programme, if it matches the content and scope of the competent
the education program, or part of it and is accompanied by a certificate issued by
based on observations of the statutory body of an accredited trainers
the device on which it was made. Netting decides on a request
the doctor's Ministry.
7) section 47 of Act No. 111/1998 Coll. ".
17. in section 5, paragraph 10, including footnote # 8 reads as follows:
"(10) participation in specialized education under this Act shall
considered to be the deepening of qualification according to a special legal
prescription ^ 8).
8) § 230 of the labour code ".
18. in section 5, the following paragraph 11, which read:
"(11) the Ministry of the implementing regulation lays down the minimum
the requirements for the training program in the field of "General practical
medicine. ""
19. in paragraph 7, paragraphs 2 and 3 shall be added:
"(2) for the performance of the dental profession with competence,
considers preventive, diagnostic, therapeutic, prosthetic, dispensary,
education, research, development, review and assessment of care in care
of the teeth, mouth, jaws and associated tissues. For the purposes of § 8 para. 4, after the
the profession of dental practitioner shall be considered also the methodological and conceptual
activities in the area of health.
(3) after obtaining the professional competence referred to in paragraph 1, the dentist
separately, to pursue the activities referred to in paragraph 2. '.
20. In article 7, paragraphs 4 and 5 shall be deleted.
21. in § 8 paragraph 2 reads as follows:
"(2) Fields of specialized training, the minimum length of specialized
education in the field, the activities of dental practitioners, designation of expertise
and convert the specialties under the former legislation on
new scopes of specialized education Ministry Decree lays down after
consultation with the universities, the Czech dental Chamber and expert
companies. ".
22. in section 8 paragraph 3 reads:
"(3) Separate the performance of the dental profession with a specialized
competences in the field of activity is obtained by specialization in the range
provided for by the implementing legislation and the work referred to in § 7 para.
2. ".
23. in § 8 para. 4, after the words "works with Word
"universities".
24. In § 8 para. 5, the words "total length" shall be replaced by the words "minimum
the total length of training ".
25. in article 10 paragraphs 1 and 2, including footnote No. 8a shall be added:
' (1) competence to practise the profession of pharmacist is obtained
by completing the
and at least the five-year full-time) in an accredited medical
Master's degree program in pharmacy containing theoretical and
practical instruction of which at least 6 months experience in a pharmacy, or
(b)) of study in an accredited study programme of pharmacy, if the
start no later than in the academic year 2003/2004.
(2) after obtaining the professional competence referred to in paragraph 1, the pharmacist
independently carry out the activities referred to in the second and third sentence. For performance
the medical profession as a pharmacist is considered to be activity in preparation
pharmaceutical form of medicinal products, in the checking of medicines in the Pharmacy and in
laboratory for drug control, in the preparation, review, storage and
dispensing of medicinal products in pharmacies and in inpatient health-care facilities and in the
the provision of specialized information on pharmaceuticals, including information on the prevention of
diseases and health promotion, information, and at the time, control and
the retention of medical devices. A pharmacist is also eligible
engage in activities that are not medical care, production and
the control of drugs and drug storage and distribution for pharmaceutical distributor
According to the law on pharmaceuticals ^ 8a).
8A) Law No 378/2007 Coll., on pharmaceuticals and on changes of some
related laws (the law on pharmaceuticals). ".
26. in section 11 (1) 1 (b). (b)), the word "certificate" shall be replaced by
"the contenders".
27. in section 11 paragraph 2 reads as follows:
"(2) Fields of specialized training, the minimum length of specialized
education in the field, the activities of pharmacists, the indication of the skill and
convert the specialties under the former legislation on
new scopes of specialized education Ministry Decree lays down after
consultation with the universities, the Czech lékárnickou Chamber of Commerce and the professional
companies. ".
28. in article 11, paragraph 4, including footnote No. 8b:
"(4) to obtain the specialized qualifications referred to in paragraph 1 is a condition
for a separate activity in the management of Pharmacy performance according to the specific
^ 8a) legislation and preparation of particularly demanding pharmaceutical
forms of ^ 8b).
8B) 2. part of the annex of the work part of the Catalog 2.19 Health item
2.19.32 regulation of the Government No. 469/2002 Coll., laying down a catalogue of works
and qualifications, and amending the Government regulation of pay
the proportions of employees in public services and administration, as
amended. ".
29. in paragraph 11 (1) 6, after the words "works with Word
"universities".
30. In article 11, paragraph 6, the following paragraph 7 is added:
"(7) training takes place as a day's training in the scope of
the corresponding fixed weekly working time ^ 2b) and is remunerated ^ 2b);
specialized training may take place as a part-time training, it is
with a lower range than the established working time. In this case,
the overall duration, level and quality must not be lower than in the case of the day
training. ".
Paragraphs 7 to 10 shall be renumbered as paragraphs 8 to 11.
31. in section 11 paragraph 9 the following paragraph 10 is added:
"(10) the Ministry shall issue to the applicant a certificate of specialized
acquired by completing additional professional experience on the basis of
his application and proof of confirmation of the completion of this practice on the
an accredited workplace, or accredited, in
accordance with the educational program. ".
Paragraphs 10 and 11 shall be renumbered as paragraphs 11 and 12.
32. In section 11 (1) 11, the words "the total length of preparation" shall be replaced by
"the minimum total length of training".
33. In paragraph 11 (1) 11, after the words "scope," the words "the length of the practice in the
the industry, which must take place at an accredited workplace, ".
34. In section 11 (1) 12 is deleted the number "4".
35. In section 13 paragraph 1 reads:
"(1) the granting of the accreditation is obtained permission to conduct
the educational programme or a part thereof (hereinafter referred to as "the program")
for
and specialized education, obor)
(b) supplementary professional experience) (§ 11), or
c) certified course (para. 21e). ".
36. In § 14 para. 1, in the first sentence after the text "(§ 11)" the words
"or a certified course" and in the third sentence, the words ' Department than
the Ministry "are replaced by the words" central public administration authority than ".
37. In § 14 para. 2 the initial part of the provision, the words "or extension"
shall be deleted.
38. In § 14 para. 2 (a). and after the word "States)" with the words "over 90 days
or the address of the place of residence of foreigners on the territory of the Czech Republic "
shall be deleted.
39. In § 14 para. 2 (a). (b)) after the word "practice" the words "or
certified course ", the word" which "shall be replaced by the word" that "and
the word "provide" shall be inserted after the words "; If the applicant intends to
carry out only part of the educational program, whether or not the definition of
part of the educational program ".
40. In § 14 para. 2, letter b) the following point (c)), which read as follows:
"(c)) a list of the device, if the applicant intends to part of the educational
program to ensure through contractual device; the Contracting
devices that have no accreditation shall be accredited within
the accreditation of the applicant's control ".
Subparagraph (c)) to (g)) shall become points (d) to (h)).)
41. In § 14 para. 2 (a). (d)), after the word "applicant", the words ",
where applicable, a contractual device ".
42. In § 14 para. 2 (a). (e)), after the word "practice" the words "or
certified course ".
43. In § 14 para. 2 (a). (f)), after the word "practice" the words "or on the
certified course ".
44. In § 14 para. 2 (a). g) after the word "practice" the words "or
certified course ".
45. In § 14 para. 2, the following point (i)), which read as follows:
"i) designed by the maximum number of seats.".
46. In article 14, the following paragraph 3 is added:
"(3) in an application for renewal of accreditation shall be supported by the data
referred to in paragraph 2, for which there has been a change. ".
47. In article 15, paragraph 1 reads:
"(1) the Ministry shall be established as an advisory body to the Accreditation Commission
for the related scopes of specialized training or focus additional
professional practice for examination of an application under section 14, to assess a proposal for the
withdrawal of accreditation and vocational assessment of the application for a grant to the
residential space (§ 21a). The Ministry may establish accreditation Commission and the
for certified courses. ".
48. In § 17 paragraph 2. 4 (b). and after the word "States)" with the words "over 90 days
or the address of the place of residence of foreigners on the territory of the Czech Republic "
shall be deleted.
49. In section 17(2). 4 (b). (b)) after the word "practice" the words "or
certified course "and at the end of the text, the words"; If
the applicant intends to carry out only part of the educational program, the
the decision of whether or not the definition of a given part of the educational programme ".
50. in § 17 paragraph 2. 4 (b). (d)) after the word "practice" the words "or
certified course ".
51. In § 17 paragraph 2. 4, the following point (e)), which read as follows:
"e) the maximum number of training places in the field of specialized
education at the workplace or the maximum number of participants
certified course on specific workplace. ".
52. In section 17 at the end of paragraph 5, the following sentence "the decision on the
renewal of accreditation includes the information referred to in the request for renewal
Accreditation (section 14 (3)); If the data has not changed, the
the only decision the extension of the original decision. ".
53. In article 17, after paragraph 5, insert a new paragraph 6 is added:
"(6) the Ministry of accreditation or its period of validity extended,
If
and the program does not match the learning) training program, as published in the
Journal of the Ministry of health, with regard to the accreditation of
specialized training, additional professional experience or
certified course
(b)) training program is not sufficiently secured by page personnel,
material or technical,
(c) the applicant, where appropriate, Contracting) the device does not provide health care in
the extent of the required educational program; This does not apply to
accredited facilities applying for accreditation only the theoretical part
the educational programme,
(d)) in the request have been given false information, that are crucial for
the granting of accreditation, or
e) training program certified course contains a proposal for the acquisition of
special professional competence that does not match the focus of activities
medical profession or does not match the current level of
of scientific knowledge. ".
Paragraphs 6 to 8 shall be renumbered 7 to 9.
54. In paragraph 17, at the end of paragraph 7, the following sentence "in the cases referred to in
letters and), (c) and (d))) the Ministry shall withdraw accreditation after an assessment of the
accreditation by the Commission. ".
55. In § 17 paragraph 2. 8, after the word "States" with the words "over 90 days or
address of the place of residence of foreigners on the territory of the United States ' shall be deleted.
56. Footnote 9 is added:
"9) section 68 of Act No. 500/2004 Coll., the administrative code, as amended
regulations. ".
57. In article 17, after paragraph 8, the following paragraph 9 is added:
"(9) accreditation lapses in case of termination of an accredited facility. If
the rights and obligations arising from decisions on accreditation are transferred to
the acquiring legal entity, is the exercise of these rights and obligations of the limited
for a period of 2 years from the date of termination of an accredited facility by the phrase
the first ".
The former paragraph 9 shall become paragraph 10.
58. In § 17 paragraph 2. 10, after the word "device", the words ",
training programs that are accredited by the device shall be entitled to
, ".
59. In paragraph 18 of the letter a) is added:
"and pursue training or) additional technical support
practice or a certified course in accordance with the approved training programs
the Ministry, in the scope of the decision on the grant of accreditation ".
60. in section 18 (a). (b)) after the word "practice" the words "or
certified course ".
61. In section 18 (a). c) after the word "practice" the words "or
certified course ".
62. In section 18 (a). (d)) after the word "practice" the words "or
certified course ".
63. In section 18 at the end of subparagraph (d)) dot replaced with a comma and the following
the letter e) including footnote No. 10a is inserted:
"e) on request of the Ministry to allow the execution of the practical part of the attestation
the tests are undergoing approval tests, differential test or adaptation period
under this Act and the Act on the recognition of professional qualifications ^ 10a).
10A) Law No 18/2004 Coll., on the recognition of professional qualifications and other
eligibility of nationals of the Member States of the European Union and the
some nationals of other States and on amendments to certain acts (the Act on
recognition of professional qualifications), as amended. ".
64. In paragraph 18 of the present text shall become paragraph 1 and the following
paragraph 2, which, including footnote No. 10b:
"(2) the holder of an accreditation is required to pass the Ministry, or
entrusted with the organisation, documentation relating to the participants
education, if it intends to terminate the implementation of a training programme,
without permission to this activity moved to his successor in title.
Lapses if the death of a holder, or accreditation, without having fulfilled the obligation to
referred to in the first sentence, this obligation shall be transferred to its legal
successor or heir, as appropriate, to the competent authority of the public
administration of ^ 10b). In the case of participants who continue in education
specialized training at another accredited facilities, passes
the Ministry, which was responsible for the organisation, if applicable, this documentation
accredited facilities.
10B) for example, Act No. 561/2004 Coll. on pre-school, primary,
secondary, higher vocational and other education (the Education Act), as amended by
amended. ".
65. In paragraph 19, at the end of paragraph 1, the following sentence "for
specialized education is getting the professional competence to perform
the medical profession. ".
66. In § 19 para. 2, after the word "Ministry", the words ";
the Ministry may delegate the activity associated with the inclusion in the scope of
a legacy organization "and the words" foreign nationals "are replaced by the
the words "persons who have received vocational or specialised competence
outside the territory of the United States, ".
67. In article 19, paragraph 3 is added:
"(3) subject to the conditions laid down in paragraph 2, the Ministry,
where appropriate, the applicant shall be placed in charge of the Organization, in accordance with his selection to the
specialized training within 30 days after receipt of the request. To comply with the
the candidate conditions for inclusion, the Ministry shall decide in the same period of the
non-inclusion in specialized education. ".
68. In section 19 para. 4, the first sentence after the word "Ministry"
the words ", where appropriate, in charge of the Organization", the words "of specialized
education "with the words" or additional professional experience "in a sentence
Second, the words "exceeding 90 days, or the address of the place of residence of the alien in the
the territory of the United States ' shall be deleted and the words "or its cancellation, date"
the words "the issue of the certificate of completion of basic trunk
specialized field and date. "
69. In section 20, the following new paragraph 1, which reads as follows:
"(1) Accredited equipment ensures the progress of specialized education,
of the device takes place. ".
Paragraphs 1 to 3 shall become paragraphs 2 to 4.
70. in section 20, at the end of paragraph 2 the following sentence "in the case of a new
specialization scope for which there are not enough people with the specialized
competence can be the tutor doctor, dentist or pharmacist with
different specialised competences after prior approval of vocational
society. ".
71. In § 20 paragraph 4 is added:
"(4) the initiative of the Ministry of the accredited facility shall decide on the termination of the
specialized training, if a participant of specialized education
fails seriously in study obligations. ".
72. In § 21 para. 1 in the third sentence, the words "the Minister of health on the
the proposal "is inserted after the word" universities "and at the end of the paragraph, the following sentence
"A precondition for the execution of the content of the test is to meet all requirements
established by the competent educational or training program; compliance with these requirements
the Ministry will examine, if appropriate, in charge of the organization. A failure to comply with
requirements for Board certification exam, the Ministry decides to execute. ".
73. under article 21, the following new section 21a to 21 h, which including the following titles:
"§ 21a
The financing of specialized education
(1) the Ministry in cooperation with universities, professional societies and
The Czech Medical Chamber, the Czech dental Chamber and the Czech
lékárnickou Chamber each year, by 31 December 2002. December of the relevant
calendar year shall establish and publish a manner allowing remote
access to the maximum number of residential places in various fields
specialized training, which will start the specialisation
education in the following year, and the amount of subsidies on residential location.
The total number of residential places for all fields of specialization
medical training announced for a given year, the number of graduates
an accredited medical study program
General Medicine in the Czech language in the previous year.
(2) Subsidies from the State budget shall be granted to cover the costs
related to the specialized training of the resident, including wage
costs, for the entire duration of the relevant specialized
education. Duration of specialized education in accordance with the previous sentence
corresponds to the minimum length of the specialized training provided for
by Decree.
(3) Subsidies from the State budget pursuant to paragraph 2 is provided by the
through the budgetary chapter of the Ministry. The Ministry of
handles the medium-term plan of the expenditure of the State budget to finance the
specialized training, each time for the next 5 years.
(4) the Ministry shall publish, by 31 December each year. December of the relevant
the calendar year of the subsidy Methodology, which adjusts the control, in particular:
and if the requirements of the request for grant),
(b)) the term, place and method of administration,
(c) evaluation criteria the applications)
(d)), the term appraisal of applications,
(e) notification to the applicant, the method)
(f) the method of administration and settlement) objections,
(g) contributions) conditions,
h) way and the form of the final report of the expense report.
(5) the request for a grant serves an accredited facility. The maximum number of
residential sites in the request for grant must not exceed the number of training
posts authorized in decision on accreditation for that scope
specialized education.
(6) in the context of the evaluation process, where appropriate, the Ministry responsible for
the Organization shall consider the formalities of the application and at the latest
within 30 days from the date of expiry of the deadline for submission of applications shall publish, in a manner
allowing remote access application excluded for failure to comply with formal
formalities. The excluded applications, the applicant may submit, within 5
days of their publication. Of objections the Ministry decides to
30 days of their receipt. Applications that meet the formal requirements
and requests that have been granted, the applicant's objections, shall submit to the
the Ministry, in charge of the Organization, where appropriate, promptly pursue vocational training
evaluation of the Accreditation Commission.
(7) the Accreditation Commission evaluates the application, in particular in terms of quality
ensure that the course of the entire training program, personnel, factual and
technical securing of each residential places and even
regional availability of residential places on the territory of the Czech Republic.
(8) the Commission shall submit a draft of the accreditation reviews including design order
applications to the Ministry, and at the latest within 30 days of receipt of the request. About
the allocation of the subsidy shall be decided by the Ministry. Is received by the Ministry in
the prescribed period of the Accreditation Commission proposal, shall decide without this proposal.
(9) the costs of the management of the Ministry of security of the subsidy may cover from
appropriations for subsidies for a maximum of an amount which shall not exceed 2.5%
the total amount of funds earmarked for the Ministry grants for funding
specialized training in a given calendar year.
(10) the decision to grant the selected applicants, the Ministry of
shall issue and publish, by 30. June of the year concerned. The decision of the
includes in particular the formalities laid down by other legislation ^ 9) and
the number of approved residential places, indicating the scope of specialized
education.
(11) the Ministry interrupts the pumping subsidies after a period of interruption
specialized training of the resident. The total duration of interruption
exceed 3 years.
(12) the Ministry will stop pumping subsidies, if their
specialized training of the resident on the residential location.
(13) in the case of the demise of the accredited facility with residential place without
the acquiring legal person under § 17 para. 9 or, in the case of disappearance,
withdrawal of accreditation or expiration of such equipment will allow
the Ministry completed specialization training in the resident
residential site in another accredited facilities. The Ministry will decide
about changing the pumping subsidies, if it satisfies the conditions of the device according to the accredited
The methodology of the grant procedure in force at the time of issue of the decision.
§ 21b
The selection of the resident
(1) Accredited facility with residential place will announce no later than 14
days from the date of publication of the decision on the grant selection process
the approved residential location. Invitations to tender shall so notify the
equipment Ministry. The Ministry shall publish a notice of the publication of
the tender manner allowing remote access for
a minimum of 10 working days. The choice of the participant of specialized education
the approved residential location performs the accredited facility with
residential place by 30. September of the calendar
of the year.
(2) does not take effect if no participant of specialized education are interested in
approved residential location in the selection proceedings referred to in the previous
paragraph, shall notify the accredited workplace with a residential place this
the fact the Ministry and repeats the selection process. Participant selection
specialized training in an approved residential location performs the
accredited facility with residential place no later than the end of the
the relevant calendar year.
(3) Accredited facility with residential place when the venue selection
follow the rules of procedure, which shall lay down by Decree of the Ministry.
(4) the selected candidate becomes a resident of the moment of conclusion of the contract
(stabilisation agreement) with the Ministry. Model contract shall publish
Ministry in the journal of the Department of health and the way
allowing remote access no later than 31 December 2006. December of the relevant
of the calendar year.
§ 21 c
The duties of the resident
(1) the resident is required to:
and to properly fulfil all the requirements) of the training program and follow instructions
trainers,
(b) on a date at the latest) the minimum length of specialized education,
increased about 3 years, complete the training by the successful
passing the Board exams and
(c)) to exercise the profession of doctor, dentist and pharmacist for
at least 5 years from the date of completion of specialized training in the territory of
The United States in the field, in which he obtained a specialized competence
as a resident.
(2) in violation of the obligations referred to in paragraph 1 has a resident duty
reimburse the costs incurred from the State budget to its residential
instead of proportionally under the conditions laid down in the contract pursuant to § 21b
paragraph. 4.
(3) the Ministry shall decide on the waiver from the obligation referred to in paragraph 2,
If the resident's obligations under paragraph 1, demonstrably
prevent the obstacle, which occurred independently of the will of the resident and his
in fulfilment of its obligations, and if it was not possible to assume that the
a resident of this obstacle turned away or exceeded, and, further, that at the time
obligation this obstacle had predicted. Effects of liability
are limited only by time, as long as it takes the obstacle with which these effects are
associated.
§ 21d
Responsibilities of an accredited facility with residential place
Accredited facility with residential space is in addition to the obligations
laid down in section 18 further obliged to
and ensure proper resident) completion of all components of the educational
the program,
(b) to report changes to the information referred to) in the application for a subsidy on the residential location,
within 15 days of the date when the change occurred, and
(c)) report start date and termination of specialized
resident education not later than a week from the date referred to
the fact occurred.
Certified course
section 21e
(1) by completing the course-certified healthcare professionals
receive special competence for defined activities that
deepen specialized qualifications, obtained in the case of pharmacists
also acquired professional competence. Certified exchange rate cannot be
replace professional or specialized competence to perform
the medical profession.
(2) a certified course is performed by accredited facilities, which was
granted accreditation to the implementation of the training program
certified course. The educational programs of certified courses lasting
at least 1 year. The Ministry is the Ministry in the Journal publishes
the health sector.
(3) educational program provides for the total length of the preparation, scope and content
training, in particular the number of hours of practical and theoretical lessons, and
Education workplaces in which takes place, where appropriate, the additional requirements for
obtain special professional competence. The training program includes
a list of recommended study literature and the range of activities for which
a graduate of the certified course gets a special competence,
including the definition of activities that are providing health care.
The training program also provides that specialized competence is
a prerequisite for inclusion in the certified course. Educational program
may establish standards of medical fitness.
(4) To complete the number of hours provided for education programme
device not more than 15% credit equal to accredited leaves
the absence of the total number of hours of on-the-job training and leaves
the absence of the hours of theoretical lessons.
(5) The training course accredited by the certified device reallocated
part of the previously academic, if it corresponds to the education program.
(6) the Disciplines certified courses and a minimum length of training in them
the Ministry shall determine by Decree.
§ AWACS
(1) an application for inclusion in the certified course serves the applicant
accredited facilities.
(2) the application shall be officially certified copies of documents obtained
dedicated or special professional competence or for recognition
eligibility under section of the seventh or eighth, in the case of pharmacists with
professional qualifications, certified copies of documents about the acquired professional
eligibility.
(3) when the conditions laid down in paragraph 2, and, if the capacity of the
an accredited facility allows accredited facilities include the applicant
the certified course within one month after receipt of the request and
at the same time notify the estimated date for the beginning of the candidates education.
Accredited devices simultaneously become acquainted with the organisation of the applicant
certified course and successful completion of the requirements
certified course.
§ 21 g
(1) Subscriber certified course is within this education must
complete a practical training in the workplace an accredited facility in
the range specified by the relevant educational program.
(2) the course certified course provides accredited facilities.
Accredited facilities be reallocated previously traveled professional experience, if
meeting the requirements of the education program; on the set-off issue
confirmation. In case of doubt about the counting shall decide, on the request of the
participant's certified course or an accredited facility
by the Ministry.
(3) an accredited participant shall confirm the devices meet all requirements
the educational programme of the certified course.
(4) If a certified course provides more accredited facilities,
confirmation of the fulfilment of all the requirements referred to in the preceding paragraph and
set-off of practice referred to in paragraph 2 by an accredited facility,
that included the applicant to a certified course.
§ 21 h
(1) a certified course is completed by an examination before the Commission of the
the Ministry. The elements of the final exam and the composition of the Commission shall
the implementing legislation.
(2) a prerequisite for the exam is to meet all requirements
established by the competent educational or training program; compliance with these requirements
the Ministry will examine, if appropriate, in charge of the organization. A failure to comply with
requirements for Board certification in the execution of the test, the Ministry decides.
(3) the Ministry shall issue to doctors, dentists, or farmaceutovi, which
successfully performed the final examination of the certified course, certificate of
special professional competence. "
74. In section 22 paragraph 5, including footnote # 12:
"(5) the participation in lifelong learning is considered to be the deepening of
qualification under another law ^ 12).
12) § 230 of the labour code ".
75. In paragraph 23 of the paragraph. 2 (a). (b)), after the words "Ministry," added
"where appropriate, in charge of the Organization".
76. In paragraph 23 of the paragraph. 2, letter b) the following point (c)), which read as follows:
"(c)) passing of the individual parts of the training program and compliance with the
the requirements of this program performed by accredited establishments
or part of the educational program they provide, ".
Subparagraph (c)) to e) shall become letters (d)) to (f)).
77. In § 23 para. 3, after the words "the Ministry", the words ",
where appropriate, in charge of the Organization ".
78. Part seven including title and footnotes 13 to 18, 18a,
18B and 18 c is inserted:
"PART SEVEN
RECOGNITION OF ELIGIBILITY FOR THE MEDICAL PROFESSION OF DOCTOR, DENTAL
DOCTOR AND PHARMACIST OBTAINED IN ANOTHER MEMBER STATE THAN IN THE CZECH
REPUBLIC AND FREE PROVISION OF SERVICES HOSTED BY A PERSON
Part 1
Basic provisions
section 24
(1) this Part applies to
and the freedom to provide services) a visiting person (part 2)
(b)) recognition of professional competence and specialized qualifications (
"professional qualifications") and the recognition of medical fitness,
integrity and verify knowledge of the Czech language (hereinafter referred to as "other
eligibility ") and
(c) recognition of competence) for the medical profession on the territory of the
The United States for a person referred to in paragraph 2.
(2) pursuant to this section acknowledges the competence to work in the medical
the profession
and) a national of a Member State [section 2 (b), (h))],
(b)) persons with permanent residence in the territory of the Czech Republic,
c) a family member of the persons mentioned in (a)), or (b)) ^ 13),
(d)) than a national of another Member State, if he was in the United
Republic or in a Member State granted legal status
long-term resident status in the European Community ^ 14)
e) than a national of another Member State, if he was on the territory of the
The United Kingdom or another Member State of the European Union
long-term stay for the purpose of scientific research ^ 15),
f) a family member of the persons referred to in subparagraphs (d) and (e))), if he was
permitted long-term residence in the territory of the Czech Republic ^ 16),
(g)) of the person that was in the territory of the United Kingdom granted asylum or
additional protection, or his or her family, if it was allowed to
long-term residence in the territory of the Czech Republic ^ 17), and
h) employee seconded to the territory of the Czech Republic in the context of the free
the provision of services, if the skills required for the performance of the health care
the professions of doctor, dentist or pharmacist (hereinafter referred to as "medical
the profession of ") or the profession in accordance with the laws
legislation in another Member State than in the Czech Republic (hereinafter referred to as
"the Pretender").
(3) the recognition of professional qualifications shall be treated
Part 3 a), as in the case of professional competence to perform the medical
the profession or specialized qualifications in the fields of specialization
the training referred to in the list (article 28a (2)), or
(b)) under the law on recognition of professional qualifications ^ 10a) and under section 31 of the
the case of the other branches of specialized training than those referred to in the list of
evidence of formal qualifications.
(4) unless this Act provides otherwise, the recognition of eligibility for
medical profession and the freedom to provide services by law on the recognition of
professional qualifications ^ 10a).
§ 25
(1) the tenderer may in the Czech Republic to carry out health profession as
visiting the person or person as established.
(2) a visiting person for the purposes of this Act, the candidate who
is established in the territory of another Member State other than the United States in order to
medical profession and on the territory of the Czech Republic
the corresponding health profession temporarily or occasionally in the framework of the
freedom to provide services. The fact that the service is provided by the
temporary or occasional basis, shall be assessed individually with respect to time
duration, frequency, regularity and continuity of the provision of this service.
(3) Established by the person for the purposes of this Act, the candidate who
exercises on the territory of the United States consistently health profession on
the basis of the recognition of professional qualifications and other eligibility to practise
profession, if the professional qualifications for the performance of the corresponding
the medical profession acquired or was exercised in this profession
accordance with the legislation of another Member State than in the Czech
Republic.
(4) the Applicant may, in the Czech Republic to carry out health profession also
in the framework of the adaptation period under the Act on the recognition of professional
^ 10a) qualification, and only under the expert supervision of a healthcare
the worker is eligible to practise the profession without professional supervision.
section 26
Uznávací authority
(1) the Certification Authority for the recognition of professional qualifications and other
eligibility for the medical profession in the Czech Republic
by the Ministry.
(2) the Ministry shall inform the person who is asking for the recognition of professional
qualification and other eligibility, on matters relating to the recognition of
eligibility for the medical profession, of related laws
legislation and about the possibilities of deepening knowledge of the Czech language.
Section 26a
Cooperation between Member States
(1) the Ministry shall cooperate with the competent authorities of the Member States with
to facilitate the free movement of services and recognition of professional competence.
The Ministry shall ensure the confidentiality of the data, which Member States have granted him.
(2) the Ministry shall provide the Member State in which the medical
a worker carries on or intends to carry out health profession, in its
request information about the criminal prosecution of the person in the Czech Republic, if the
penalties related to the performance of the medical profession. Similarly, the Ministry of
inform the Member State of origin in the case of a visiting person.
Part 2
Free provision of services visiting persons
section 27 of the
The terms of exercising the profession of a visiting person
(1) a visiting person may exercise the medical profession on the basis of
notification (§ 27a), if further provides otherwise (article 27b).
(2) Visiting a person ceases to be eligible to exercise the medical
profession on the territory of the Czech Republic, in the territory of a Member State,
in which he is established, the authorization to pursue the occupation has been terminated or
temporarily suspended.
(3) a visiting person can exercise on the territory of the Czech Republic
health profession without asks for the recognition of professional qualifications by
Part 3.
(4) the Czech Medical Chamber, the Czech dental Chamber or Czech
dispensing Chamber ^ 18) writes a list of visiting people for a period of 12
months of visiting a person on the basis of the notification of the Ministry. Czech medical
the Chamber, the Czech dental Chamber or Czech dispensing Chamber
removed from the list of visiting people visiting the person ceases to exist if it
permission to perform in the Czech Republic health profession, or
If he obtains from the competent authority of the Member State of origin, that she was
permission for the medical profession in the Member State of origin
withdrawn or temporarily suspended.
(5) a visiting person is subject to the disciplinary powers and disciplinary
persons performing management health profession ^ 18).
(6) physicians, dentists or pharmacists, whose evidence of formal
professional qualifications meet the conditions under section 28a 28b or may
to carry out their profession under the professional title (hereinafter referred to as "designation
the skill ") referred to in this Act. In cases where the expert
qualifications have been verified pursuant to section 27b, carries out the health profession
under the designation of expertise under this Act.
(7) a visiting person performs their profession under the designation of expertise
the Member State of origin. If, in the Member State of origin does not exist such a
designation of expertise, the visiting person is an indication of their formal training
qualification in the official language or one of the official languages of the
State.
(8) where the service is provided under the designation of expertise referred to in paragraph 7,
the visiting person must allow patients to access information about whether
and activity in a Member State) of origin is subject to an authorisation scheme, whether
a member of a professional association or similar body is registered at the
Member State of origin, and indicating the name and address of the competent authority
Member State of origin,
(b)) is included in the list of visiting people in the Czech Republic.
§ 27a
Notification
(1) a visiting person is required before commencing
health profession on the territory of the Czech Republic, notify in writing the
the Ministry of the beginning of the intended medical profession on
the territory of the Czech Republic; the notification shall specify the kind of medical services,
on the territory of the Czech Republic intends to exercise and the address
the health care facility. The notification shall be accompanied by
and a copy of the identity card and) document certifying nationality
of the tenderer; the Ministry may require the submission of the original of the
documents for consultation,
(b)) the indication of the address for service on the territory of the Czech Republic and the address for
delivery on the territory of the Member State of establishment,
c) proof of the right to pursue medical professions
(d)) a document confirming that the visiting person is established in a Member State
origin and in accordance with its laws, shall be exercised by the appropriate
health profession and that her authorization to pursue the profession in
Member State of origin has not been withdrawn at the time of issue of the certificate or
temporarily suspended
e) evidence of formal qualifications
(f)) a document referred to in paragraph 5, if the medical profession in a Member
State of origin regulated
g) proof of liability insurance for damage caused in the performance of
the medical profession within the scope and under the terms of the relevant law
provisions governing medical device ^ 3); under this document shall
a document issued by a credit institution or insurer established in another
Member State.
The documents referred to in subparagraphs (d) and (g))) must not be presented more than than 3
of the month.
(2) a visiting person is obliged to inform the Ministry about
the changes of all facts contained in the notification or in the documentation for
notice attached, including the facts that could be the reason
the demise of the permissions to provide health care on the territory of the Czech Republic
as a visiting person.
(3) the notification is valid for 12 months from its filing.
(4) the documents referred to in paragraph 1, the visiting person shows when you
the notification only in the case of changes in the facts referred to in the original
notice or in the documents attached to the notice.
(5) if there is no appropriate professional activities in the Member State of origin
regulated, is a visiting person is obliged to demonstrate that in the Member State
the origin of the carried out the corresponding health profession for at least 2
years during the previous 10 years, or provide proof of a regulated
education, which it has prepared for the performance of the corresponding professional
the medical profession in the Member State of origin.
(6) a notice is not required if it would lead to a delay in the provision of
the service; in these cases, however, the notice of performance must be
the medical profession on the territory of the Czech Republic made in the shortest
After the provision of health services.
section 27b
The validation of professional qualifications
(1) the Ministry checked after receipt of notice prior to the first provision of
professional qualifications of the service hosting the person. If you do not agree
Ministry to verify the professional qualifications of a visiting person under
paragraph 3 shall immediately communicate this fact to the person hosting.
The Ministry does not verify the professional qualifications of the visiting person under
paragraph 3, where a visiting person is invited to the Czech Republic
and organizational State) included in the organizational units of the State, or
legal person engaged in the activities of the school entered in the register of
schools and educational institutions ^ 18a), high school ^ 18b) or accredited
a device under this Act for the transfer or acquisition of professional or
practical experience, or
(b)) medical institutions to perform one-off performances.
(2) the Ministry does not verify the professional qualifications of the visiting persons
and in the case of a visiting person) that the relevant health profession on
territory of the Czech Republic or performed as a guest or
established by the person and that was in the Czech Republic recognised or verified
professional qualification for exercising the medical profession according to the
of this Act or the Act on the recognition of professional qualifications ^ 10a)
(b) in the case of a visiting person) that meets the conditions of the automatic
recognition (section 28a or § 28b), or
(c)) if the professional qualifications of a visiting person satisfies the conditions of the legal
Regulation of the European Community law, which lays down a set of requirements
on professional qualifications for the performance of the medical profession,
to settle the differences between the education and training that is required for
the performance of the medical profession in the different Member States in accordance with
special legal regulation ^ 18b).
(3) if the Ministry considers it necessary to verify the professional qualifications of the
prior to the first provision of services, the decision on the verification of the professional
the qualifications of a visiting person delivers within 1 month from receipt of the notification,
which meets the requirements contained in section 27a para. 1. If there are
difficulties that could lead to a delay, extend the time limit and the Ministry
visiting the person shall notify the reasons for the delay and the expected time limit within which
the decision will be issued; This resolution to the visiting person will deliver within the time limit
in the first sentence. The decision on the validation of professional qualifications in this
If the Ministry will issue up to 7 weeks from the receipt of the notification, which
meets the requirements contained in section 27a para. 1. In the verification of the professional
qualifications shall be treated in accordance with title II of part one of the law on the recognition of
professional qualifications ^ 10a), unless this Act provides otherwise.
(4) If there is a substantial difference between the professional qualifications of the guest
of the person and of the competence that is required in the Czech Republic, in the
to the extent that this difference could seriously jeopardize life, health
or safety of persons, the Ministry after a visiting person request
in order to demonstrate knowledge of the missing theoretical or practical
areas. Knowledge of missing theoretical or practical areas
demonstrate under the law on recognition of professional qualifications ^ 10a) in particular
differential test. If the Ministry after a visiting person to
demonstrated knowledge of missing theoretical or practical areas,
will allow the guest to demonstrate this knowledge within 15
working days from the delivery of the decision on the validation of professional qualifications
in accordance with paragraph 3.
(5) the Ministry within 5 working days from the execution of the differential
This exam tests and evaluates on the basis of the outcome of the issue
decision.
(6) the right of the medical profession on the territory of the Czech Republic
visiting the person begins on the day
and the Ministry of communication) delivery on the abandonment of the verification of the professional
the qualifications referred to in paragraph 1,
(b)) issue authorization decisions of professional qualifications referred to in paragraph 3,
If it is not detected a substantial difference between the professional qualifications of the guest
people and expertise that is required in the Czech Republic, in the
to the extent that this difference could seriously jeopardize life, health
or safety of persons,
(c)) of the decision after passing a differential exam according to the
paragraph 5, or
(d) the expiry of the vain) referred to in paragraph 3, 4 or 5, if the
Department of applied in accordance with these time limits; This does not apply,
If there was a failure to comply with time limits as a result of visiting a person conduct.
(7) the decision referred to in paragraph 6 (b). (b)), and (c)) for the purposes of the performance of
the medical profession on the territory of the United Kingdom have the same legal effects
as the decision on the recognition of professional qualifications as part of the seventh part 3
of this Act, or pursuant to the law on the recognition of professional qualifications ^ 10a).
section 27 c
The Ministry shall notify the Czech Medical Chamber, the Czech dental Chamber
or the Czech pharmacy Chamber fact pursuant to section 27a para. 3 and 5, and section
27B para. 6.
Part 3
Recognition of professional qualifications and other eligibility to carry out continuous performance
the medical profession
section 28
Recognition of professional qualifications
(1) competent to practise the profession of the medical profession is
also the one who has been recognised professional qualifications. Exercise
health profession on the territory of the United States, which has been
recognised professional qualification and other eligibility. Ouznání professional
qualification and other eligibility is decided by the Ministry. In the case of
physicians with specialized competences in the field of radiological medicine
decide on the recognition of professional qualifications and other eligibility as
uznávací authority of the Ministry of labour and Social Affairs.
(2) the professional qualifications of persons in another Member State
to be eligible for the medical profession, it is recognised
and) on the basis of coordination of minimum training conditions
(hereinafter referred to as "automatic recognition of professional qualifications '),
(b)) on the basis of acquired rights, or
(c)) under the law on recognition of professional qualifications ^ 10a).
section 28a
Automatic recognition of professional qualifications
(1) the Ministry will automatically recognise evidence of formal qualifications issued by a
the competent authority or institution of the Member State which is indicated in the
list of evidence of formal qualifications (paragraph 2) and stating
that the person concerned has met the minimum requirements for training in
accordance with the competent provision of European Community law, if
Additionally, unless otherwise specified.
(2) the Ministry shall publish the notice in the collection of laws in accordance with the law
The European Community (in points 1, 3 and 6 of annex V of the directive.
2005/36/EC) a list of the evidence of formal qualifications (hereinafter referred to as "list
the documents "), which contains the
and) name of evidence of formal qualifications issued by the territory of the
of that Member State, a right to health
the profession,
(b)) name of the institution or body of the Member State that the evidence of formal
qualifications issued by them,
(c)) the designation of expertise in the country of origin,
(d)) the date from which that Member State training leading to
Award of evidence of formal qualifications meets the minimum requirements in the
accordance with the relevant guidelines of the European Community (hereinafter referred to as
"reference day"),
(e)), the conditions which must evidence of formal qualifications
meet in order to be recognised automatically in accordance with paragraph 1.
(3) the Ministry will automatically recognise evidence of formal qualifications issued by a
the competent authority or institution of a Member State, even if it is not listed in the
list of documents (paragraph 2), if at the applicant shall submit to the
a certificate issued by the competent authority or institution of the Member State
of origin stating that the person concerned has met the minimum requirements for professional
preparation in accordance with the relevant guidelines of the European Community and
that the Member State of origin this document accords the same effects as
documents referred to in the list.
(4) for the purposes of the medical profession, the documents referred to in paragraphs
2 and 3 to the territory of the United States shall recognize the same effects as
evidence of formal qualifications issued in the Czech Republic.
(5) in the case of additional professional experience according to § 11 para. 1 (b). (b))
Ministry of automatically accepted as evidence of formal qualifications
a certificate issued by the competent authorities of a Member State, certifying that the
the person concerned has pursued the activity in question for the same period in
the home Member State.
§ 28b
Recognition of professional qualifications on the basis of acquired rights
(1) the Acquired right means the right for the medical profession in
Member State of origin under the same conditions as the holder of the documents,
to demonstrate compliance with the minimum requirements in accordance with the relevant
Regulation of European Community law, on the basis of evidence of formal
qualifications, if the training leading to the release of this document in
Member State of origin started before the reference date, and even if
does not meet the minimum requirements.
(2) the Ministry shall recognise evidence of formal qualifications referred to in paragraph 1,
If at the applicant shall present a certificate issued by the competent
institution or body of the Member State of origin that in this State
perform the appropriate health profession for at least 3 consecutive
years during the 5 years preceding the date of issue of the certificate,
If not stated otherwise. For the purposes of the exercise of the medical
profession with these documents in the territory of the United States shall recognize the same
the effects of which have evidence of formal qualifications issued in the Czech
Republic.
(3) in the case of recognition of professional qualifications of physicians with specialized
competences, which have gained in the context of part-time training (section 5 (4)),
you have started at the latest 31. December 1983 and which is followed by
the legislation of the Member countries in force on the day of 20. June 1975,
procedure referred to in paragraph 2.
(4) the Ministry shall recognise evidence of formal qualifications of doctor with
specialized competence and without proof of the profession by
paragraph 2 issued in Spain to doctors who have completed specialised
training before the 1. before 1 January 1995, even though this training
does not meet the minimum requirements for training in accordance with the
the relevant provision of European Community law, if there is evidence of
This qualification, accompanied by a certificate issued by the competent Spanish
authorities and certifying that the person concerned has passed a special exam
competence in the context of exceptional measures concerning the recognition of
laid down by the competent Spanish legislation (Royal Decree
1497/99), in order to determine whether the person concerned has a level of knowledge and
skills comparable to doctors, who are in possession of evidence of
qualifications as a specialised doctor referred to in the list of documents for Spain
(article 28a (2)).
(5) the Ministry shall accept as evidence of formal specialized
the eligibility of the doctor in the field of the ' general practical medicine "without
support the profession referred to in paragraph 2 of document issued by the Member
the State, which confirms the right to exercise within the territory of that Member State
the profession of general practitioner on the basis of acquired rights.
(6) the Ministry shall recognise evidence of formal qualifications as dental practitioner and
without the support of the profession referred to in paragraph 2, as regards the Italian,
the Spanish, Austrian or Slovak documents issued to persons whose
the training was initiated before the reference dates, supplemented by
a certificate issued by the competent authorities of a Member State, unless
unless otherwise provided for. This certificate must show that the holder
He has successfully completed at least three years of study that is equivalent to the Studio,
that meets the minimum requirements in accordance with the relevant regulation
European Community law.
(7) the Ministry shall recognise evidence of formal qualifications as a doctor for the performance
the dental profession that was issued in Italy to persons who
began their university training in the period from 29. January 1980 to
December 31, 1984, including, together with a certificate issued by the competent
authorities in Italy. This certificate must demonstrate compliance with the conditions referred to in
paragraphs 1 and 2 and the aptitude test to be carried out by the competent
the Italian authorities, in order to determine whether such persons have
knowledge and skills comparable to that of persons who are holders of
the documents listed for Italy in a list of documents (article 28a (2)). If
This certificate shows that the holder has successfully completed a minimum of
three years of study that is equivalent to the study satisfies the minimum
the training requirements of a dental practitioner in accordance with the relevant
provision of Community law, the aptitude test
is not required.
(8) the Ministry shall recognise evidence of formal qualifications as a doctor for the performance
the dental profession that was issued in Romania to persons who
began their university training before 1. October 2003, accompanied by
a certificate issued by the competent authorities of Romania. This certificate must
to prove compliance with the conditions referred to in paragraphs 1 and 2, and test
eligibility. If this certificate shows that the holder has successfully
completed at least three years of study that is equivalent to the study
complying with the minimum requirements for the training of a dentist in
accordance with the competent provision of European Community law, the composition of the
an aptitude test is not required.
(9) paragraphs 1 and 2 shall not apply to applicants who are in possession of
the qualification of "feldšer" (feldsher) granted before 31 December 2004 in Bulgaria. December
1999, even if part of their activity is the same as with the activities of a doctor.
(10) a document issued by the competent authority or institution of the State, which
It ceased to exist and the successor State is the Member State of origin,
referred to in paragraph 1, if the applicants shall present a certificate confirmation
issued by a competent authority or institution of the Member State of origin on how
that this document for the purposes of medical profession acknowledges
the same effects as the document referred to in paragraph 1. Confirmation of the fact that
the voucher shall recognize the same effects, is not required for documents issued by the
on the territory of the German Democratic Republic.
(11) the Czechoslovak papers are considered to be the Czech papers.
section 29
Medical fitness
(1) the disabled eligible is the one who provides evidence of health
competence required for the exercise of the medical profession in
Member State of origin; This document may not be presented more than than
3 months.
(2) is not required if the Member State of origin, proof of medical fitness
for the exercise of the medical profession considers the Ministry for
pleasant document issued by the competent authority of the Member State of origin,
that meet the conditions of eligibility laid down by this health
the law (§ 3 (2)).
section 30
Integrity
(1) to establish the conditions of integrity (§ 3 (3)) shall be deemed to
pleasant presentation of an extract from the criminal record, or similar records
records of a Member State of origin or the equivalent document issued by a
the competent authority of the Member State of origin; This document may not be
submission older than 3 months.
(2) if the Member State of origin of the document referred to in paragraph 1 is not issued,
This document may be replaced by a or by affidavit,
which candidate will make before the competent authority of the Member State of origin or
notary public established in the Member State of origin.
section 31
Procedure for the recognition of professional qualifications, the procedure for the recognition of other
eligibility and the procedure for the recognition of competence to perform the medical
the profession
(1) in proceedings for the recognition of professional qualifications and on the recognition of other
eligibility for the medical profession, proceed according to section
the first title IV of the law on the recognition of professional qualifications ^ 10a). Control
take place separately, or as a common control.
(2) on the basis of the decision on the recognition of professional qualifications and on the recognition of other
the eligibility of the Ministry will issue a decision on the recognition of
medical profession.
§ 32
Verify knowledge of the Czech language
Knowledge of the Czech language is required to the extent strictly necessary for the performance of
medical profession. The ability to express himself in the Czech
language validates the Ministry of
and proof of language assessment) examination in Czech or Slovak
language,
(b) assessment of the education or training) in Czech or Slovak language,
or
(c)) the interview; to verify knowledge of the Czech language, the interview provides
the implementing legislation.
§ 33
The use of expertise
Established by the person that was recognized by the professional qualifications for the performance of
the medical profession is entitled to bear the designation of expertise according to the
of this Act.
13) directive of the European Parliament and Council Directive 2004/38/EC of 29 April 2004. April
2004 on the right of citizens of the Union and their family members to
move and reside freely within the territory of the Member States, amending Regulation (EEC) No.
1612/68 and repealing directives 64/221/EEC, 68/360/EEC, 72/194/EEC,
73/148/EEC, 75/34/EEC, 75/35/EEC, 90/364/EEC, 90/365/EEC and 93/96/EEC.
14) Council Directive 2003/109/EC of 25 March 2002. November 2003 on the legal
the status of third-country nationals who are long-term
residents.
15) Council Directive 2005/71/EC of 12 July 2005. October 2005 on a specific procedure
for the recruitment of third-country nationals for purposes of scientific
research.
16) Council Directive 2003/86/EC of 22 December 2004. September 2003 on the right to merge
family.
17) Council Directive 2004/83/EC of 29 April 2004. of 29 April 2004 on minimum
the standards to be met by third-country nationals or persons
stateless, so that they can apply for refugee status or
persons who for other reasons need international protection and the content of
the protection granted.
18) Law No. 220/1991 Coll., on the Czech Medical Chamber, the Czech
Dental Chamber and the Czech Chamber of pharmacists, as amended
regulations.
18A) Act No. 561/2004 Coll. on pre-school, primary, secondary, higher
vocational and other education (the Education Act), as amended
regulations.
18B) Act No. 111/1998 Coll., as amended.
18 c) § 10 para. 4 of law No. 18/2004 Coll., as amended by Act No. 189/2008
Coll. ".
79. the heading of part eight: "RECOGNITION of competence to perform
THE MEDICAL PROFESSION OF PERSONS OTHER THAN CANDIDATES LISTED IN THE
The SEVENTH ".
80. in paragraph 34, the following new paragraph 1, which reads as follows:
' (1) in accordance with this section are the procedures for the recognition of competence to perform
the medical profession not covered by part seven. ".
Paragraphs 1 to 6 shall be renumbered as paragraphs 2 to 7.
81. In § 34 paragraph 1. 2 the words "obtained the professional or specialized
competence in the field of the provision of health care in a foreign country among the Member
States are technically "are replaced by the words" are not the persons listed in
part of the seventh or the professional qualifications obtained in another Member State,
they are ".
82. In § 34 paragraph 1. 4, the words ", within a maximum of 30 days from the date of
are undergoing approval test. "shall be replaced by the words" to 240 days from the submission of all
documents required by the Department in accordance with paragraphs 2 and 3. If
candidate apologizes to the Ministry from participating on any part of the are undergoing approval
the tests, the proceedings by order suspended before a candidate again
subscribes to are undergoing approval test, but no longer than for a period of 1 year; After a futile
This period the control stop. If the applicant fails to comply within
any part are undergoing approval tests, the Ministry will decide on the non-recognition of
eligibility for the medical profession. ".
83. In article 34, paragraph 5 shall be deleted.
Paragraphs 6 and 7 are renumbered as paragraphs 5 and 6.
84. In § 34 paragraph 5, including footnote No. 19a is inserted:
"(5) If the persons referred to in paragraph 2 shall recognise their professional or
the specialized competence of any of the Member States, the Ministry of
are undergoing approval tests shall refrain from, and shall issue a decision within 90 days of
presentation of all the documents required by the Ministry. In the case of
assessment of the competence pursuant to § 24 para. 3 (b). and) the Ministry of
assess whether the candidate meets the minimum requirements referred to in rule
the rules relating to minimum requirements for accredited medical
Master's degree programs, general medicine, dental medicine and
Pharmacy ^ 19a). If the applicant meets these requirements, the Department recognizes
fitness to practise the profession automatically according to part seven. In
other cases, the Ministry in recognition of competence to perform
the profession progresses according to the law on the recognition of professional qualifications ^ 10a).
19a) Decree No 392/2004 Coll., laying down minimum requirements for the
accredited medical master's study programmes of the General
medicine, dentistry and pharmacy. ".
85. section 35 and 36 including the footnotes # 19b and 19 c are inserted:
"§ 35
(1) graduates of accredited healthcare degree programs
carried out by universities in the Czech Republic in another teaching
language than Czech are technically eligible for health
the profession. On the territory of the United Kingdom may exercise the profession after verification
ability to professionally to express in English. Verification of the ability
in the Czech language, carried out by the Ministry. The ability to
in the Czech language is required to the extent necessary for the performance of
the medical profession. On the basis of the verification of the ability to express oneself in the
Czech Ministry issues a decision on the recognition of
medical profession on the territory of the United States within 90 days of
date of the request.
(2) verification of the ability to speak in the English language is not required for
students who have received previous education in Czech or Slovak
language.
section 36
The Ministry may without recognition of eligibility under section 34 to issue a decision on the
authorization for the medical profession of doctor, dentist or
a pharmacist on the territory of the United States for a fixed term with the definition
activities that you can perform on the basis of this decision, the parties
referred to in § 34 paragraph 1. 2 If the applicant
and) is invited to the Czech Republic, part of the organizational component of the State
organizational units of the State or a legal entity performing activities
the school entered in the registers of schools and school facilities, a high ^ 18a)
the school ^ 18b), research institution ^ 19b) or accredited facilities
under this Act the transfer or acquisition of professional or
practical experience,
(b)) is invited to a United States medical facility to perform
one-off interventions, or
(c) intends to undertake a practical part) are undergoing approval after passing a test
the first two parts are undergoing approval tests, the duration of the practical
parts are undergoing approval tests, as provided for by the law governing the
trial order for Board certification exams and tests are undergoing approval for doctor
dentist and pharmacist ^ 19 c).
19b) for example, Act No. 341/2005 Coll., on public research
institutions, as amended.
19 c) Decree No. 395/2004 Coll., laying down the trial order for
Board certification exams and tests are undergoing approval for doctor, dentist and
as a pharmacist. "
86. As part of the eighth, the following part nine, including title and
footnote # 19 d is added:
"PART NINE
ADMINISTRATIVE OFFENSES AND PENALTIES
§ 36a
(1) the control of compliance with the obligations laid down in this law is exercised and
penalties for administrative offences stores Department.
(2) the legal or natural person is accredited as a provider of
equipment committing an administrative offense, by
and training, will take place) supplementary professional experience or
certified course in conflict with a decision on accreditation,
(b)) in violation of § 18 para. 1 (b). (b)), the security check fails
specialized training, additional professional experience or
certified course
(c)) in violation of § 18 para. 1 (b). (c)) does not lead the documentation on
received specialist training, additional training or certified
the course,
(d)) in violation of § 18 para. 1 (b). (d) to notify a change in conditions)
specialized security-related education, additional
professional experience or a certified course
e) contrary to section 18 para. 1 (b). (e)) will not allow the execution of the practical part
Board certification exams, are undergoing approval tests, differential tests or
the adaptation period,
f) in violation of § 18 para. 2 does not pass the Ministry of, or responsible for
the Organization, all the documentation concerning the participants of the training.
(3) the legal or natural person is accredited as a provider of
device with a residential place of the administrative offense committed by
and training takes place in) contrary to the decision on the grant of
accreditation,
(b)) in violation of § 18 para. 1 (b). (b)), the security check fails
specialized training,
(c)) in violation of § 18 para. 1 (b). (c)) does not lead the documentation on
specialized training,
(d)) in violation of § 18 para. 1 (b). (d) to notify a change in conditions)
specialized security-related education,
e) contrary to section 18 para. 1 (b). (e)) will not allow the execution of the practical part
Board certification exam,
f) in violation of § 18 para. 2 does not pass the Ministry of, or responsible for
Organization, all documentation relating to the participants in the training
g) does not ensure proper completion of all resident part of
specialization program
h) contrary to section 21d (a). (b) does not report the change to the data) contained in the application
for a subsidy to residential space,
I) contrary to section 21d (a). (c)) does not report the start and end dates
interruption of the specialized training of the resident.
(4) an administrative offense shall be fined
and) from 5 000 to 50 000 CZK in the case of an administrative offence referred to in paragraph 2
(a). (d)) and paragraph 3 (b). (d)), h) and (i)),
(b)), from 10 000 to 100 000 CZK in the case of an administrative offence referred to in paragraph 2
(a). a) to (c)), e) and (f)) and paragraph 3 (b). a) to (c)) and e) to (g)).
(5) in determining the sanctions taking into account the length of time for which the
violations of the obligation it took, to circumstances in which the
the negotiations took place, and the effects of that conduct.
(6) the procedure for the imposition of sanctions can be initiated within 1 year from the date of the
the Ministry for violation of the obligations of the learned, but not later than within 3 years
the date on which the infringement occurred.
(7) a fine cannot be saved if it was fined for the same conduct by
other legislation.
(8) The proceedings for administrative offences are covered by the administrative code.
(9) the fine and penalty is Department Selects the State budget revenue.
(10) the collection and recovery of fines imposed shall follow the procedure referred to in
special legal regulation ^ 19 d).
19 d) Act No. 337/1992 Coll., on administration of taxes and fees, as amended by
amended. ".
The former part of the ninth and tenth are referred to as part of the tenth and
the eleventh.
87. section 37 reads as follows:
"§ 37
(1) the Ministry shall issue a decree
and specialized medical training scopes), dentists and
pharmacists, the indication of the skill of doctor, dentist and pharmacist is
specialized competences, the minimum length of specialized
education by educational programs and convert the specialization according to the
earlier legislation on the new scopes of specialized education and
on the underlying strains
(b)) the activities of doctors, dentists and pharmacists,
(c)) the minimum requirements laid down by the implementing regulation to obtain
professional competence for the medical profession,
(d)) the minimum requirements laid down by the implementing regulation to obtain
specialized competence in the field of "General practical medicine"
(e)) the list of diseases, conditions or defects that exclude or limit health
competence to practise the profession, the content of medical examinations and requirements
the medical report,
f) trial order with the Board exams, are undergoing approval tests and final
exams of the certified course
g) scopes certified courses and a minimum length of training in them,
(h)) to verify knowledge of the Czech language of the interview and
I) how to tender for the residential location, the progress of the
tender for the residential space and basic selection criteria
resident.
(2) the Government regulation of remuneration for Board certification exam,
final exam-certified course and are undergoing approval test. ".
88. section 38, including the footnotes # 20, 21, 21a and 21b is inserted:
"§ 38
(1) the participation of the members in the discussions of the accreditation, atestačních, test and
qualified by the Commission established by the Ministry is any other act in the General
the interest ^ 20), which belongs to the members of the Commission to pay wages. Members of the Commission,
who are not in employment or similar relationship, are
However, gainfully employed, the compensation for loss of earnings for the period after
you have participated in the deliberations of the Commission, in which they have proven up to the amount of
However, in the amount of the average wage in the national economy the renowned and
published by the Ministry of labour and Social Affairs in the collection of laws for
employment purposes ^ 21). Members of the Commission, provides reimbursement of travel
refunds under special legislation for employees in the
ratio ^ 21a).
(2) the Board certification exam, the final exam of the course and certified
are undergoing approval test performed by the designated organisation for remuneration, which shall be borne by
the tenderer. The amount of payment determined by the Government Regulation. This remuneration is tv
in charge of organization of the ^ 21b).
(3) the members of the accreditation, atestačních, test and qualified by the Commission
they are required to maintain the confidentiality of the facts, which are
learned in the exercise of activities in those commissions; This does not apply if
they were exempted from this obligation.
20) § 200 et seq.. Act No. 262/2006 Coll. as amended.
21) Act No. 435/2004 Coll., on employment, as amended
regulations.
21a) § 156 et seq. Act No. 262/2006 Coll.
21B) section 53 of Act No. 218/2000 Coll. on budgetary rules and amending
certain related acts (budgetary rules), as amended by
amended. ".
89. Section 38 shall be added to § 38a, which including the title reads as follows:
"§ 38a
Professional practice
(1) for the completion of practical training in an accredited facility in the Czech
Republic can be temporarily allocate employees to work for other
legal or natural person (hereinafter referred to as "the other person") on the basis of a written
the contract between employer and employee, under the conditions laid down in
a written contract entered into between the employer and the other person, not more than
However, the time required for obtaining professional or specialized
competence, knowledge and skills within the framework of lifelong learning
(hereinafter referred to as "internship").
(2) the contract of an employer to an employee on temporary assignment
employee to another person on the internship includes in particular
and) name and address of the other person, to which the employee is assigned to the internship,
(b)) the place of internship, the traineeship starting date, the period for which the placement
agreed,
(c) determine that a supervisor) is an employee of another person, authorized
assign employees work for the duration of the traineeship and to control it,
(d) unilateral declaration) conditions for employees and employers about
termination of the traineeship before the expiry of the agreed period.
The other person not to do legal acts on behalf of the employees
of the employer.
(3) the employer's Contract with the other person for temporary assignment
the employee on the internship includes in particular
and) the name or name, surname, maiden name, if applicable, the State
citizenship, date and place of birth and residence of the temporarily assigned
the employee,
(b)) the kind of work that will be temporarily assigned to a staff member on the stage
exercise; type of work must be in accordance with the educational program,
c) determine the time when the employee is temporarily assigned to perform
internship at another person,
(d)) the place of internship,
(e)) the day when an employee temporarily assigned to perform internships in other
of the person.
(4) medical fitness to work carried out in the framework of the traineeship shall be considered and
preventive care for the duration of the traineeship employees provides the facility
preventive care of another person. ".
90. in paragraph 39, the following paragraph 3 is added:
"(3) physicians, dentists and pharmacists to be entered into the list of members
or to a list of visiting people, who leads the Czech Medical Chamber,
The Czech dental Chamber or Czech dispensing Chamber under the law on
The Czech Medical Chamber, the Czech dental Chamber and United pharmacy
Chamber ^ 13). ".
91. In paragraph 40, the words "Resorts" is replaced by "central administrative
authorities ".
92. in paragraph 40, the following new section 40a, which including footnote No 22
added:
"§ 40a
To exercise the medical profession of doctor, dentist or pharmacist
on the territory of the Czech Republic, and even temporary or occasional basis, or
the designation of expertise by persons who are not eligible for the performance
the medical profession under this Act or are not registered in the
the list of members pursuant to § 39 para. 3, ^ 22) is prohibited.
22) section 21 and 24 of Act No. 200/1990 Coll. on offences, as amended by
amended. ".
93. section 41 is repealed.
94. paragraph 42:
"§ 42
(1) the Ministry shall, on the written request of doctors, dentists,
or a pharmacist certificate attesting to the continued performance of the medical
the profession of the applicant in the territory of the Czech Republic and a certificate stating that
the applicant is the holder of the document of professional or specialized
eligibility for the exercise of the medical profession.
(2) the Ministry shall, on the written request of doctors, dentists,
or pharmacist, who intends to exercise their profession in any of the
the Member States and has received training in the Czech Republic, or
specialized capacity that meets the minimum requirements for
training according to the relevant legislation of the European
Community ^ 1), a certificate stating that such technical or
specialized capacity is equivalent to the training referred to in
of this code.
(3) the Ministry shall, on the written request of doctors, dentists,
or pharmacist, who intends to exercise their profession in any of the
the Member States and has received training in the Czech Republic, or
specialized capacity that does not meet all of the requirements referred to in
the relevant legislation of the European Communities ' ^ 1 '), and that illustrates the successful
their training, including specialized training, launched
1. May 2004, a certificate attesting that the applicant actually
and in accordance with the legislation carries out the activities of a doctor, dental
doctor or pharmacist for at least 3 consecutive years in the
during the 5 years preceding the date of issue of the certificate.
(4) the Ministry shall, on the written request of doctors, dentists,
or pharmacist, who intends to exercise their profession in any of the
the Member States and of the Czech Republic won the proof of professional or
specialized qualifications, whose name does not match any of the names
evidence of formal qualifications issued by the Czech Republic, which are
listed in the relevant annex to Directive 2005/36/EC, a certificate stating
that the applicant has obtained in accordance with the law of professional or
the specialized competence of the profession and that his professional
eligibility is considered to be equivalent to formal
qualification issued by the Czech Republic, which are listed in the
the annex to Directive 2005/36/EC.
(5) the Ministry shall, on the written request of doctors, dentists,
or a pharmacist certificate attesting that the health professional
fulfils the condition of health or integrity under this
the law. The certificate is valid for 3 months from the date of its issue.
(6) the Ministry shall, on the written request of doctors, dentists,
or a pharmacist certificate confirming other facts to facilitate
free movement of persons within the Member States resulting from this Act
or the relevant legislation of the European Community.
(7) the certificates referred to in paragraphs 1 to 5, the Ministry shall issue to the
upon request, the competent authority of another Member State.
(8) the Ministry shall issue on request a certificate of obtaining
specialised competence according to § 44 para. 1 to 5 and 7 ".
94. The annex is deleted.
Article. In
Transitional provisions
1. the condition of obtaining specialized qualifications under section 11 (1) 1
Act No. 95/2004 Coll., in the version in force until the date on and from the date of acquisition
the effectiveness of this law, is satisfied where a pharmacist has earned
specialisation in one of the specialties of
legislation.
2. Specialized eligibility to persons to whom the Czech Medical Chamber
released to 17. April 2004 a certificate for the performance of private medical practice; on
These persons are not covered by the obligation to supplement the professional practice within the meaning of §
44 para. 1 sentence of the sixth to Act No. 95/2004 Coll., in the version in force until the date of
entry into force of this Act.
3. Until 31 December 2006. December 2008 to specialized education counts
training is completed in accordance with established educational programs
issued after 1. April 2004.
4. Doctors, dentists or pharmacists, who according to the earlier
the legislation of the acquired specialization II. degree or set top
specialisation in the fields or specialized capacity that are not
listed among the new branches of specialized education, Ministry of
decision shall grant the specialized competence in the scope specified in the
This decision.
5. A pharmacist who has obtained the specialization in one of the specialisation
disciplines according to the existing legislation, is entitled to lead
the pharmacy.
6. Doctors, dentists and pharmacists who are specialized
eligibility pursuant to Act No. 95/2004 Coll., in the version in force before the acquisition
the effectiveness of this law, shall remain unaffected by this Act; If the scope
specialized qualifications is not a scope laid down by law or regulation
in accordance with § 37 para. 1 (b). and) Act No. 95/2004 Coll., in the version in force from
the effective date of this Act, gaining competence in the
corresponding to the scope provided for by the implementing legislation.
7. when assessing applications submitted pursuant to § 44 para. 8 of Act No 95/2004
Coll. applies detailed prescription issued pursuant to § 37 para. 1 (b). and)
Act No. 95/2004 Coll., in the version in force from the date of entry into force of this
the law.
Article. (VI)
The Prime Minister shall be empowered, in the collection of laws promulgated the full text
Act No. 95/2004 Coll., on conditions for the acquisition and recognition of professional
competence and specialized competence to perform the medical
the professions of doctor, dentist and pharmacist, as is apparent from later
laws.
PART THREE
To change the law on the paramedical professions
Article. (VII)
Law No. 96/2004 Coll., on conditions for the acquisition and recognition of eligibility for
the exercise of paramedical professions and to pursue activities
related to the provision of health care and on amendments to certain
related laws (the law on the paramedical professions),
as amended by law No 125/2005 Coll., Act No. 111/2007 Coll. and Act No.
124/2008 Coll., is amended as follows:
1. § 1, including title and footnotes # 1, 1a and 1b is inserted:
"§ 1
(1) this Act incorporates the relevant provisions of European law
Community ^ 1) and edits
and the conditions of obtaining eligibility) for the medical profession and to
the performance of activities related to the provision of health care in the United
Republic,
b) lifelong learning education of healthcare professionals and other
Professional staff,
(c) recognition of competence) for the medical profession and to the exercise
activities related to the provision of health care
1. persons who have acquired this capacity in another Member State than in the
Czech Republic (Title VII),
2. the persons referred to in title VIII and
(d)), the free provision of services visiting persons (Title VII).
(2) this Act applies to the certification of competence to perform
the medical profession or activities associated with the provision of
health care, carried out by a natural person wishing to exercise
profession on the territory of the Czech Republic as self-employed person
or as an employee of, or person established or visiting.
(3) The training of health workers under this Act shall
not covered by the law on the recognition of the results of further education ^ 1a).
(4) this Act does not apply to the conditions for obtaining and recognition of professional
competence and specialized competence to perform the medical
the professions of doctor, dentist and pharmacist that are modified
special legislation ^ 1b).
1) European Parliament and Council Directive 2005/36/EC of 7 September 2004. September 2005
on the recognition of professional qualifications. Council Directive 2003/9/EC of 27 June 2002.
January 2003 laying down minimum standards for the reception of applicants for
asylum.
Council Directive 2003/86/EC of 22 December 2004. September 2003 on the right to merge
family.
Council Directive 2003/109/EC of 25 March 2002. November 2003 on the status of
third-country nationals who are long-term
residents.
Council Directive 2004/83/EC of 29 April 2004. of 29 April 2004 on minimum standards for
subject to the third-country nationals or persons without
nationality, to be able to apply for refugee status or persons
that other reasons need international protection and the content of
the protection granted.
Council Directive 2005/71/EC of 12 July 2005. October 2005 on a specific procedure for the
acceptance of third-country nationals for purposes of scientific
research.
Council Directive 2004/81/EC of 29 April 2004. April 2004 on the residence permit for
third-country nationals who are victims of trafficking in human beings
or have been the subject of illegal immigration and who
cooperate with the competent authorities.
European Parliament and Council Directive 2004/38/EC of 29 April 2004. April 2004
on the right of citizens of the Union and their family members to
move and reside freely within the territory of the Member States, amending Regulation (EEC) No.
1612/68 and repealing directives 64/221/EEC, 68/360/EEC, 72/194/EEC,
73/148/EEC, 75/34/EEC, 75/35/EEC, 90/364/EEC, 90/365/EEC and 93/96/EEC.
Council Directive 2004/114/EC of 13 April 2004. December 2004 on the conditions of
acceptance of third-country nationals for purposes of study, Exchange
stays of pupils, unpaid training or voluntary service.
Council Directive 2001/55/EC of 20 May 1999. July 2001 on minimum standards for the
for giving temporary protection in the event of a mass influx
displaced persons and on measures to ensure balance between the Member
States effort in connection with the adoption of these persons and with the
the consequences arising from it.
1A) Act No. 179/2006 Coll., on validation and recognition of the results of the next
education and on amendments to certain acts (the Act on the recognition of the results
continuing education), as amended.
1B) Act No. 95/2004 Coll., on conditions for the acquisition and recognition of professional
competence and specialized competence to perform the medical
the professions of doctor, dentist and pharmacist, as amended
regulations. ".
2. In paragraph 2 (c)), including footnote No. 1 c is inserted:
"(c)) other natural person carrying out professional activities,
that are not providing health care, but with the provision of this care
directly related to you; for the activities that are directly associated with the provision of
health care shall be provided for by the legislation of ^ 1 c)
1 c) section 86 of the Act No. 258/2000 Coll., on the protection of public health and amending
some related laws, as amended.
Decree No 430/2004 Coll., laying down the activity of health
workers and other professional workers, as amended by Decree No 401/2006
Coll. ".
3. In paragraph 2, at the end of paragraph (i)) dot replaced with a comma and the following
the letters j) to (n)), including the footnote 3a shall be added:
"j) organising University, the organization established by the Ministry of
or other legal entity that carries out activities on the basis of this
law and contracts; a University is considered to be high school
the University ^ 3a), which carries out the appropriate accredited medical
a master's or Bachelor's degree program and who carries on the activity
on the basis of this Act and the Treaty,
k) a professional association or professional society, a professional organization,
that is a legal entity or an organizational component of the legal person, and
which brings together individuals with technical or specialized
a device for performing a health profession in order to promote
the professional level of their members,
l) by the Member State, the Member State of the European Union, the other Contracting State of the agreement
on the European economic area or the Swiss Confederation,
m) residential place of training instead of in a medical facility in which
is the participant of specialized training co-financed by
specialized education from the State budget,
n a resident of a participant of specialized education), participating in the
specialized training on the residential location.
3A) section 2 of the Act No. 111/1998 Coll. ".
4. In article 3, paragraph 3. 1 at the end of the text of subparagraph (a)) the following words "or
having been recognised professional qualifications for the medical profession
in accordance with the provisions of title VII or VIII of this law ".
5. in section 3, paragraph 2, including the footnotes # 3b and 4 read as follows:
"(2) a health care professional and other specialist is required to demonstrate
medical fitness for the exercise of the profession of medical opinion ^ 3b) issued by the
on the basis of a medical examination. The medical report issued by registering
a general practitioner, and if not, another general practitioner. The list of diseases, conditions
or defects which exclude or limit the medical fitness to practise
profession, the content of medical examinations and medical opinion
down detailed legislation. Medical eligibility is determined
and the profession) before and after the interruption of the practice of the profession on the
For more than 3 years,
(b)) in the case of reasonable suspicion that there has been a change in the health status of
medical worker or other professional worker
1. at the request of the administrative authority that issued the permission to operate
medical equipment under a special legal regulation ^ 4), in the case of
a worker who provides medical care on their own behalf, or on the
Representative, if appointed ^ 4), or
2. at the request of the employer, in the case of an employee who, according to
medical opinion doctor equipment preventive care easily
medical fitness to work.
Individuals who have been recognized by the medical requirements under title
VII, evidenced by the decision of the Ministry of health (section 81)
before the start of the profession. The visiting persons show
health eligibility document required in the Member State of origin (para.
79).
3B) section 77 of Act No. 20/1966 Coll., on the health care of the people, as amended by
amended.
4) Law No 160/1992 Coll., on health care in non-State medical
devices, as amended. ".
6. in section 3, paragraph 3, including footnote # 5 reads as follows:
"(3) for integrity, for the purposes of this Act shall be considered one who is not
been sentenced to imprisonment for an intentional
an offense committed in connection with the provision of health care, or
the one which is considered as having been sentenced ^ 5). Proof of
integrity is always required before beginning of the profession
the health care worker, and the worker, or other professional in the
other justified cases; health professional and other professional
on request of the employer, the worker, in the case of an employee, and
health professional who provides health care on its own behalf,
on request of the administrative authority, which gave permission for the operation
medical equipment under a special legal regulation ^ 4), it is
obliged to demonstrate its integrity statement of criminal records
or like the register, which must not be older than 3 months. Physical
persons who have been recognised integrity under Title VII,
integrity of the decision of the Ministry of (section 81) before you start
practice of the profession. Visiting people attest to the integrity of the document
required in the Member State of origin (para. 80).
5) Criminal law. ".
7. In article 3, paragraph 4 shall be deleted.
8. In section 4, paragraph 4. 1, after the word "regulation", the words "and the Special
legal regulation ^ 1 c) "and at the end of the paragraph the words", if
the employees of the medical device is carried out ".
9. In paragraph 4, at the end of paragraph 1, the following sentence
"For the purposes of counting the profession (56, 57 and 67) is considered
practice of the profession
and a healthcare professional) or other professional worker control,
methodological, conceptual, research and education activities in the relevant field
carried out in the employment relationship other than employees
health care facilities,
(b)) a health care professional performance of activities provided for by law and the
an implementing regulation of medical workers
competence in the relevant area in the course of practical teaching in
accredited health care master's or Bachelor's
fields of study. ".
10. In section 4, paragraph 4. 2 the first sentence after the word "range" the words
"at least half".
11. in section 4, paragraph 4. 2, the third sentence is replaced by the phrase "in the performance of
the profession is counted, and the time duration of the incapacity of the parent
leave, if applicable, the period of parental leave to the father, but in most
the range of the length of maternity leave; In summary, however, a maximum of 6 credit equal to the
months in a calendar year. ".
12. In paragraph 4, at the end of paragraph 2 the following sentence "the first sentence up to fourth with
not apply to demonstrate the performance of the profession for the recognition of qualifications in the
the basis of the acquired rights. ".
13. in section 4, paragraph 4. 3 the words "and that performs, regardless of the presence of
or the availability of the Council and to help the doctor, dentist or
a pharmacist; "shall be replaced by" that performs, regardless of the presence of
or the availability of the Council and to help the doctor, dentist or pharmacist
and for which he received a certificate for the medical profession without
mentorship (title VI); ".
14. in paragraph 4, the following paragraph 6 is added:
"(6) a health professional shall exercise the profession referred to in title II,
Part 1, a) is qualified to practise the profession without professional supervision in the
range of resulting from this Act after obtaining the professional competence and
the certificate for the medical profession without supervision by
Title VI,
(b) part 2) is qualified to practise the profession without professional supervision in the
range of resulting from this law after obtaining specialized
eligibility and certification for the medical profession without vocational
supervision in accordance with Title VI, unless stated otherwise; detailed legal
Regulation provides activities, which is a health professional to be eligible
exercise without professional supervision already prior to obtaining specialized
eligibility,
(c)) part 3, is not qualified to practise the profession without supervision. "
15. in paragraph 5 of the text at the end of paragraph 2, the words "or that
have received specialized competence pursuant to § 96 para. 3. "
16. in § 5 para. 3, after the word "doctor" the words "or dental
doctor ".
17. in section 6 paragraph 2 reads as follows:
"(2) the midwife, who acquired the competence according to
paragraph 1 (b). (c)), can carry out their profession without professional supervision
After 3 years, the profession of midwifery. In the meantime, must
to carry out their profession only under expert supervision. ".
18. In paragraph 6, the following paragraph 5 is added:
"(5) the practical training in the field referred to in paragraph 1 (b). and) must
be carried out in accredited facilities. ".
19. In section 8, paragraph 3, including footnote # 8 reads as follows:
"(3) for the profession of radiological Assistant is considered to be particularly
implementation of radiological imaging and quantitative procedures,
medical applications of ionizing radiation and specific nursing care
provided in connection with radiological procedures. Radiology
Assistant carries out activities related to radiation protection referred to in
special legal regulation ^ 8), and in cooperation with your doctor is involved in the
diagnostic and therapeutic care. Activities of particular importance in terms of
radiation protection Radiology Assistant may perform, if it meets the
requirements laid down by special legislation ^ 8).
8) Act No. 18/1997 Coll. on peaceful uses of nuclear energy and
ionizing radiation (the Atomic Act), and amending and supplementing certain
laws, as amended. ".
20. in § 9 para. 1 at the end of subparagraph (c)), the word "or" shall be deleted and for the
subparagraph (c)), the following point (d)), which read as follows:
"(d)) an accredited bachelor study field Museum of natural history,
electrical or mathematical-physical focus and
an accredited qualification course laboratory methods in protecting and
the promotion of public health or at least a three-year study in the fields of
Science or electrical focus on higher vocational
schools and accredited qualifying course laboratory
the protection and promotion of public health, or ".
Subparagraph (d)) is renumbered as paragraph (e)).
21. in section 10, paragraph 1. 1, letter a) is added:
"and an accredited medical) Bachelor or master
specialisation social focus ".
22. in section 10, paragraph 1. 1 (b). (b)) after the word "schools", the words "or
the high schools ".
23. in section 11 paragraph 1 reads:
' (1) competence to exercise the profession of optometrist is obtained
by completing the
and accredited medical Bachelor) the scope for
preparation of optometrists, or
(b) an accredited bachelor's degree course) optometry, if it was
start no later than in the school year 2005/2006. ".
24. In the title of § 13, after the words "protection" the words "and support".
25. In § 13 para. 1 introductory part of the provision, after the word "protection"
the words "and support".
26. in § 13 para. 1 at the end of subparagraph (b)), the word "or" shall be deleted and for the
subparagraph (b)), the following new point (c)), which read as follows:
"(c)) an accredited bachelor study field Museum of natural history,
electrical or mathematical-physical focus and
an accredited qualifying course, the protection and promotion of public health
or at least a three-year study in the fields of science or
electrical focus on higher vocational schools and
an accredited qualifying course, the protection and promotion of public health,
or ".
Letter c) is renumbered as paragraph (d)).
27. in section 13, paragraph 3, including footnote # 9 is added:
"(3) for the practice of the profession of Assistant to the protection and promotion of public health
considers the activities related with the performance of the State health supervision in
the protection and promotion of public health in accordance with special laws,
^ 9 legislation). For the profession of Assistant to the protection and promotion of the public
health is not the performance of the State health supervision ^ 9). Further
Assistant to the protection and promotion of public health in cooperation with your doctor
perform the tasks in the field of prevention of disease and the protection and promotion of the public
health.
9) Act No. 258/2000 Coll., on the protection of public health and amending
some related laws, as amended.
Act No. 553/1991 Coll. on State control, as amended
regulations. ".
28. in § 14 para. 1 letter c) is added:
"c) secondary medical school in the field of Orthopedic patient techniques
or other vocational high school-prosthetic orthotic focus, if
was the study of the first year started later than in the school year
2004/2005 ".
29. in § 14 para. 1 at the end of subparagraph (b)), the word "or" shall be deleted,
the end of paragraph 1, shall be replaced by "or", and the following
the letter d) including footnote No. 9a is added:
"d) retraining course accredited under a special legal
^ Regulation 9a) in the industry for the preparation of ortotiků-protetiků, where it has been
the first year of the study initiated by the end of 2007.
9A) § 108 of Act No. 435/2004 Coll., on employment, as amended
regulations.
Decree No. 524/2004 Coll., on the accreditation of facilities to carry out
requalification of job seekers and applicants for employment. ".
30. in article 14, paragraph 3 reads:
"(3) for the profession of lumbar scoliosis-is considered to be the activities of personnel within the
treatment and rehabilitation care, in collaboration with the doctor
designs, manufactures, repairs, modifies, and applies individually
manufactures orthopaedic and prosthetic devices. On Orthotics-Prosthetics
It may, in collaboration with doctor edited serially manufactures orthopedic
and prosthetic devices and apply them. ".
31. in paragraph 17, the dot at the end of paragraph 1 shall be replaced by "or", and
the following point (c)), which read as follows:
"(c)) of the specialization for the preparation of General nurses under section 5 and the
post-secondary specialized study of dental care, if
the study of first-year post-secondary specialized study initiated
in 1994, at the latest. ".
32. In § 17 paragraph 2. 3, the second sentence is replaced by the phrase "Further dental
hygienist based on indications in dentistry provides preventative
care in the field of dental hygiene, and under the expert supervision of dental practitioner
assists in the provision of preventive, therapeutic and diagnostic care to
the section of dentistry. ".
33. In section 18 para. 3, after the words "in the field of emergency" the words ",
Department of Anaesthesiology and resuscitation ".
34. In section 20 (2). 1, letter a) including footnote No 9b:
"and an accredited medical Bachelor) the scope for
preparation of biomedical engineers, which provides professional
prerequisites for obtaining the capacity to separate the activities on
electrical equipment under a special legal regulation, or ^ 9b)
9B) Decree No. 50/1978 Coll., on professional competence in electrical engineering,
as amended by Decree No. 98/1982 Coll. ".
35. in section 20, the following new section 20a, which including the title reads as follows:
"section 20a
The competence to practise the profession of Assistant biotechnického
(1) the competence to exercise the profession of Assistant biotechnického
gets the passing
and accredited medical) Bachelor's degree for
preparation of bio-technical assistants, or
(b)) an accredited bachelor study programme aimed at
the application field of biomedical engineering and Informatics in health care
and an accredited qualifying rate applied biotechnika.
(2) the practice of the profession of Assistant biotechnického is considered to be an activity in
the diagnostic and therapeutic care in connection with medical applications
resources in the field of biomedical engineering and Informatics in
health care, in particular in cooperation with the doctor and biomedical
engineer. ".
36. under article 21, the following new section 21a, which including the title reads as follows:
"§ 21a
The competence to practise the profession adiktologa
(1) the competence to practise the profession gets adiktologa
and by completing an accredited medical) a Bachelor's degree in
the scope for the preparation of adiktologů,
(b) at least three years of graduation) in the fields of social,
psychological or pedagogical focus specifically on higher
vocational schools or colleges and accredited qualification
adiktolog if the course was launched by the end of 2011, or
(c) possession of the competence of the General) nurses and accredited
qualifying course, if adiktolog has been launched by the end of 2011.
(2) for the performance of the profession of adiktologa is considered to be an activity within
preventive, therapeutic and rehabilitative care in the field of addictology, it is
Prevention and treatment for addiction and other
dependencies. ".
37. In section 22 paragraph 1 including the footnote # 9 d:
' (1) competence to practise the profession of psychologist in the health sector
by completing an accredited master's programme gets jednooborového
study Psychology and by completing an accredited
qualifying course, a psychologist in the health sector, which is carried out
high school under special legislation ^ 9 d).
9 d) section 60 of the Act No. 111/1998 Coll. ".
38. In section 22 para. 4, the numbers in the "2007/2008" are replaced by "2008/2009".
39. in paragraph 23 of Section 23a is added to that, including the title reads as follows:
"§ 23a
The competence to practise the profession of a vision therapist
(1) the capacity of the profession to the optic of the therapist is obtained
and by completing an accredited master's degree) program
special education, State examination from oftalmopedie or
tyflopedie and by completing additional postgraduate studies accredited
special education, with a focus on Visual therapy, if it has been
initiated by the end of 2010, or
(b)) by completing an accredited master's degree program
special education, State examination from oftalmopedie or
tyflopedie, and by completing an accredited qualification course Visual
therapy.
(2) until the acquisition of specialized qualifications optic therapist
working in a medical facility under the expert supervision of the optic
the therapist qualified to practise the profession without supervision or
a physician specializing in ophthalmology.
(3) for the profession of the optic of the therapist is considered to be an activity within
diagnostic, therapeutic, rehabilitative, preventive, medical and
dispensary care in the field of Visual therapy (clinical oftalmopedie). ".
40. In § 24 para. 2, after the word "physiotherapist", the words ", which
He obtained his professional competence referred to in paragraph 1 (b). d),“.
41. In article 24, paragraph 3 reads:
"(3) the physiotherapist, who won the professional competence referred to in paragraph 1
(a). a) to (c)), can carry out their profession without professional supervision,
If he proves at least 1 year of the profession in the field. ".
42. In section 26 to the end of paragraph 1, shall be replaced by "or", and
the following point (c)), which read as follows:
"(c) an accredited master's degree course) science,
electrical or mathematical-physical focus and
an accredited qualifying course of professional laboratory
the protection and promotion of public health. ".
43. In section 26 para. 3 (b). and) the words "in cooperation with the doctor" shall be deleted.
44. In section 27 para. 1 (b). a) after the word "engineers", the words ",
who is the eligibility prerequisites for obtaining support to
separate activities on electrical equipment under a special
^ 9b) law ".
45. In the title of § 28, after the word "protect" the words "and promote".
46. In § 28 para. 1 (b). (b)), after the word "Science" the words
"social, educational".
47. In § 28 para. 3, the first sentence is replaced by the phrases "For the profession
of a specialist in the protection and promotion of public health is considered to be
the activities related with the performance of national health surveillance in the framework of the
the protection and promotion of public health in accordance with special laws,
^ 9 legislation). For the profession of a specialist in the protection and promotion of
public health is not considered the performance of the State health supervision ^ 9). ".
48. In paragraph 2 of section 31 is added:
"(2) for the performance of the profession-prosthetic technology is considered to be
activity within the medical and rehabilitation care, that are in the
cooperation with the feels-prosthetist designed, produced, edited,
corrected and applied individually manufactures orthopedic and
prosthetic devices and modified and applied serially manufactures
Orthopedic and prosthetic devices, and in cooperation with your doctor
modified and applied serially manufactures orthopedic and prosthetic
AIDS. ".
49. In article 34, paragraph 2, including footnote # 9 c:
"(2) for the performance of the profession of dezinfektora is considered to be a special protective
disinfection carried out by the medical establishment in his premises and
focal disinfection, disinsection, and disinfestation, if it is carried out on a
the basis of the decision of the authority to protect public health ^ 9 c).
9 c) § 69 para. 1 (b). e) Act No. 258/2000 Coll., as amended by Act No.
274/2003 Coll. ".
50. in § 36 odst. 1 (b). e), the words "including the practical part of teaching"
shall be deleted.
51. In § 36 odst. 1, the following point (f)), the following new paragraph (g)), which read as follows:
"g) 4 semesters of an accredited medical bachelor study
the programme for the preparation of medical rescuers or the competent
study on higher medical school ".
Subparagraph g) and (h)) are known as points (h) and (i))).
52. In § 36 odst. 1 (b). (h)), after the words "nurse"
the words ", in terms of the four-year study, or 1.5 year of study on
secondary medical school nurses, pediatric nurse,
a paramedic, nurse or midwife, if
It is a two-year post-secondary school qualification study or follow-up
study for graduates of secondary schools. "
53. In paragraph 37, at the end of the text of paragraph 2, the words "or a physician
specialization in the field of rehabilitation and physical medicine ".
54. In article 39, paragraph 2 reads as follows:
"(2) for the performance of the profession of dental instrumentářky is considered to be an activity within
therapeutic and diagnostic care in dentistry under expert supervision
dentist and educational activities in the framework of dental prevention under the expert
supervision of a dentist or dental hygienist. ".
55. In § 42 para. 2 (a). (c)), after the word "midwives", the words
"rescue workers or medical".
56. In § 42 para. 2 (a). (f)), after the words "Assistant", the words "or
2 years of study at secondary medical school in the field of health
the nurse, pediatric nurse or General nurse, in terms of the four-year
the study of, or 1 year of study at the secondary medical school in the field of
nurse, pediatric nurse, a female nurse or midwife,
When it comes to a two-year post-secondary school qualification studies, or
curriculum for high school graduates ".
57. In § 42 para. 2 (a). (g)), after the words "Assistant", the words ",
medical laboratory technician, dietitian or nutrition Assistant ".
58. In § 43 para. 2 (a). and point 2), the following new item 3 shall be added:
"3. special education is State examination from oftalmopedie
or tyflopedie (oftalmoped) ".
Points 3 to 6 shall be renumbered as paragraphs 4 to 7.
59. In § 43 para. 2 (a). and section 5) after the word "organic" is inserted
the word "physical".
60. In § 43 para. 2 (a). and), the following point 8 is added:
"8. the pedagogical focus".
61. In § 43 para. 2 (a). (b)) (2) for the word "organic" is inserted
the word "physical".
62. In § 43 para. 2 (a). (b)), the following point 5 is added:
"5. the pedagogical focus".
63. In § 43 para. 2 (a). (c)), point 1, after the word "organic" is inserted
the word "physical".
64. In § 43 para. 2 (a). (c)), the following point 4 is added:
"4. the pedagogical focus".
65. In paragraph 43, at the end of paragraph 2, the period is replaced by a comma and the following
letters e) and (f)), which read as follows:
"e) accredited qualifying course in the field of art therapy after
completion of study of a higher or university teaching,
social, medical, psychological or artistic focus
(art therapist), or
(f)) of an accredited course in the field of work of the qualifying therapy after
obtain a secondary education, secondary education, re-training or with
secondary education with graduation examination (ergotherapist). ".
66. In article 45, paragraph 1 reads:
"(1) the granting of the accreditation is obtained permission to conduct
the educational programme or a part thereof (hereinafter referred to as "the program")
for
and scope of specialized education) (§ 55 et seq.), processed on the
the basis of the educational program in the Department of publication
health care,
(b)) an accredited qualification course (§ 51 et seq.), prepared on the basis of
published in the journal of the educational programme of the Ministry of
health care,
c) certified course (article 61 et seq.),
d) practical training in accredited medical Bachelor's
fields of study for the preparation of midwives.
In the case of educational programs accredited qualification courses and
certified courses are awarded only on the entire educational accreditation
program. ".
67. In paragraph 45, at the end of paragraph 2 the following sentence "educational program
can be framed according to the needs of an accredited facility, if they satisfy the
the requirements of the education program in the Department of publication
health. ".
68. In article 46 at the end of paragraph 1, the following sentence "in the case that a request for
the granting or renewal of accreditation presented medical equipment
Another central public administration authority (hereinafter referred to as "resort") than the Ministry,
This request is served by the Ministry, to whose jurisdiction the
medical device belongs. ".
69. In § 46 para. 3 of the introductory part of the provisions, the words "or extension"
shall be deleted.
70. in § 46 para. 3 at the end of subparagraph (a)) the following words "and in the case of
foreigners, or place of temporary stay foreigners reported in the territory
The United States, or his place of residence in a foreign country, ".
71. In § 46 para. 3 (b)):
"(b)) educational program, in which accredited facilities to carry out plans to
education; If the applicant intends to carry out only part of the educational
the programme, the definition of the part also of the educational programme, ".
72. In § 46 para. 3 the letter b) the following point (c)), which read as follows:
"(c)) a list of the device, if the applicant intends to part of the educational
program to ensure through contractual device; the Contracting
devices that have no accreditation will be accredited within
the accreditation of the applicant's control ".
Subparagraph (c))) to (i) shall become points (d)) to (j)).
73. In § 46 para. 3 (b). h) after the word "applicant", the words ",
where applicable, a contractual device ".
74. In § 46 para. 3 (b). I), the words "estimated total
non-capital costs, including payroll and other personnel costs, "shall be deleted.
75. In § 46 para. 3 at the end of paragraph (i)) the comma is replaced by a dot and the
the letter j) shall be deleted.
76. In paragraph 46, the following paragraph 4 is added:
"(4) in an application for renewal of accreditation shall be supported by the data
referred to in paragraph 3, for which there has been a change. ".
77. In article 47, paragraph 1 reads:
"(1) the Ministry establishes Accreditation Commission as an advisory body to the
assessment of the application (section 46), to assess the withdrawal of accreditation and to vocational
evaluation of the application for a subsidy on the residential location (§ 60a). ".
78. In § 47 para. 3, the fourth sentence deleted.
79. In § 48 para. 1 (b)):
"(b) the authorized representatives of the Organization) (2),".
80. in § 49 paragraph 1. 2, after the word "granted" the words "or
extending "and after the word" grant "with the words" or extension ".
81. In § 49 paragraph 1. 3 at the end of subparagraph (a)) the following words "and in the case of
foreigners, or place of temporary stay foreigners reported in the territory
The United States or a resident in a foreign country, ".
82. In § 49 paragraph 1. 3 (b)):
"(b)) the name of the educational program; If the applicant intends to carry out only
part of the training program, the decision of whether or not the definition section
the educational program ".
83. In § 49 paragraph 1. 3 (b). c) after the word "programmes", the words "on
specific workplace ".
84. In paragraph 49, paragraph 3, the following paragraph 4 is added:
"(4) the validity of accreditation can be extended on the basis of the submission of a new request
According to section 46. The decision to extend the accreditation includes the information referred to
in an application for renewal of accreditation (section 46, paragraph 4); If there were no
change in the particulars, it shall be indicated in the decision, only the extension of the original
decision. ".
Paragraphs 4 to 10 shall be renumbered as paragraphs 5 to 11.
85. In article 49, paragraph 5, including footnote No. 10a is inserted:
"(5) the Ministry shall not grant accreditation or its period of validity extended,
If
and) educational program or its part does not match the learning program
published in the journal of the Department of health,
(b)) training program is not sufficiently secured by page personnel,
material or technical,
(c) the applicant, where appropriate, Contracting) the device does not provide health care in
the extent of the required educational program; This does not apply to
an applicant who applies for accreditation only the theoretical part of the education
the program,
(d)) in the request have been given false information, that are crucial for
the granting of accreditation,
e) training program certified course contains a proposal for the acquisition of
special professional competence that does not match the focus of activities
medical profession ^ 10a) or does not match the current
the level of scientific knowledge.
10A) Decree No 430/2004 Coll., as amended by Decree No 401/2006 Sb. ".
86. In paragraph 49, at the end of paragraph 6 the following sentence "in the cases referred to in
letters and), b), (d)), and (e)) the Ministry shall withdraw accreditation after an assessment of the
accreditation by the Commission. ".
87. In paragraph 49, paragraph 9 is added:
"(9) accreditation lapses in case of termination of an accredited facility. If
the rights and obligations arising from decisions on accreditation are transferred to
the acquiring legal entity, is the exercise of these rights and obligations of the limited
for a period of 2 years from the date of termination of an accredited facility by the phrase
the first ".
88. In paragraph 49, paragraph 10 shall be deleted.
The present paragraph 11, renumbered 10.
89. In § 49 paragraph 1. 10, the words "equipment and" shall be replaced by "devices
training programs that are accredited by the device shall be entitled to
, ".
90. in § 50 para. 1 (b). (d)), after the words "documentation on education"
the words "which is illustrated by the fact required to support
obligations arising from the educational program ".
91. In paragraph 50, the dot at the end of paragraph 1 is replaced by a comma and the following
subparagraph (f)), including footnotes 11a is inserted:
"f) on request of the Ministry of allowing execution of the practical part of the attestation
tests, tests to verify the eligibility for the performance of non-medical
the medical profession without professional supervision, final exams
an accredited qualification course, are undergoing approval tests, differential
a test or adaptation period under this Act and the Act on the recognition
professional qualifications ^ 11a).
11A) Law No 18/2004 Coll., on the recognition of professional qualifications and other
eligibility of nationals of the Member States of the European Union and the
some nationals of other States and on amendments to certain acts (the Act on
recognition of professional qualifications), as amended.
Decree No. 394/2004 Coll., on details about the venue
Board certification exams, tests, to issue the certificate for the performance of the health care
the profession without professional supervision, examination of accredited
qualification courses are undergoing approval tests and examination rules for these
test. ".
92. In article 50, paragraph 2, including footnote No. 11b is inserted:
"(2) the holder of an accreditation is required to pass the Ministry, or
entrusted with the organisation, documentation relating to the participants
education, if it intends to terminate the implementation of a training programme,
without permission to this activity moved to his successor in title.
Lapses if the death of a holder, or accreditation, without having fulfilled the obligation to
referred to in the first sentence, this obligation shall be transferred to its legal
successor or heir, as appropriate, to the competent authority of the public
^ management 11b). In the case of participants who continue in education
specialized training at another accredited facilities, passes
the Ministry, which was responsible for the organisation, if applicable, this documentation
accredited facilities.
for example, 11b) Act No. 561/2004 Coll. on pre-school, primary,
secondary, higher vocational and other education (the Education Act), as amended by
amended. ".
93. In paragraph 51, at the end of the text of paragraph 1, the words "or (III)".
94. Under section 51 at the end of the text of paragraph 3, the words "on health
eligibility and specific competence according to the specific
the legislation of ^ 9b) ".
95. In § 51 para. 6, the second sentence shall be deleted.
96. In § 51 paragraph 7 and 8 are added:
"(7) into the hours of practical and theoretical teaching accredited
device not more than 15% credit equal to the absence of leaves
the total number of hours of on-the-job training and leaves of absence hours
the theoretical lessons.
(8) to education in an accredited qualification accredited course
the device shall be charged against part of the previously academic, if it matches the
some parts of the educational program of an accredited qualification
the course, and part of the professional practice intended educational programme, which
the participant performed in non-accredited facilities; on the set-off issue
confirmation. In case of doubt about the counting shall decide on the request
participant education or an accredited facility by the Ministry. ".
97. In § 51 paragraph 10 is added:
"(10) the course of an accredited qualification course provides accredited
device. ".
98. In article 52, paragraph 1 reads:
"(1) an accredited qualification course with final examination
before the examining Board pursuant to regulations established by the implementing
legal regulation. The Commission hereby establishes an accredited test facilities. The members of the
test the Commission appoints and dismisses the statutory representative of an accredited
the device, on a proposal from the relevant professional associations, or
professional societies. About the time and place of examination shall inform the
accredited the Ministry of equipment, at least 30 days before the date of
the venue of the test. The Ministry may appoint another Member of the test
Commission. ".
99. In § 52 para. 2, the word "Department" shall be replaced by
"accredited facilities" and after the word "occupation" with the words ", and
it on a form provided by the Ministry on the basis of the request
an accredited facility ".
100. In § 54 para. 1, letter a) is added:
"and education, specialization)".
101. In § 54 para. 1 at the end of the text of subparagraph (c)), the words "in the
accredited establishments which are accredited for educational
the program, which gets support, specialized or specific
the competence for the specific activities in which health care has
Restore worker knowledge and skills; innovative courses for the activities,
that are part of professional competence may also organise
health care facilities that provide practical training for medium,
higher professional or University in a relevant field ".
102. In § 54 para. 1 at the end of the text of subparagraph (d)), the words ",
that are accredited for the training program, which is obtained
Professional, specialised or specific competence for specific
activities in which it has a healthcare professional internships to deepen
knowledge and skills ".
103. In § 54 para. 1 letter e) including footnote No. 12a is inserted:
"e) attendance at training events, conferences, congresses and symposiums,
If so determined by the law governing the credit system for the issue of
the certificate for the medical profession without a direct line or
professional supervision of health workers ^ 12a)
12A) Decree No. 423/2004 Coll., laying down the credit system for
issue of a certificate for the medical profession without a direct line
supervision of health workers. ".
104. In § 54 para. 1 (b). (f) in addition to) the words "activities, that is
the subject of the profession on the basis of the employment relationship or the like
the working relationship, "shall be deleted.
105. In paragraph 54, after paragraph 1 the following paragraph 2 is added:
"(2) the professional association keeps records of training events, conferences,
congresses and symposia, which issued a concurring opinion, and these
information is provided by the Ministry, responsible for the Organization, if applicable, within 30
days from the date of assent ".
Paragraphs 2 to 7 shall become paragraphs 3 to 8.
106. In § 54 paragraph 3 reads:
"(3) for lifelong learning, for the purposes of this Act, be deemed to include
the study of the follow-up study programmes. The follow-up study
the program for the purposes of this Act, the accredited doctoral
an accredited master's degree program, or an accredited bachelor's degree
field of study or a course of study community colleges, that is
the medical focus or its focus is closely related with the expertise
medical worker and is graduating from the prior
get the professional competence for the medical profession. ".
107. In § 54 paragraph 6 is added:
"(6) on the participation of the individual forms of lifelong learning by
paragraph 1 (b). a) to (e)) the organiser will carry out a record to the licence
expertise, as appropriate, shall issue on request of the subscriber certificate. The promoter
lifelong learning referred to in paragraph 1 (b). c) to (e)) keeps records of
lifelong learning by participants of organized and based on
the request of the Ministry responsible for the Organization, as appropriate, shall provide the details of the
This evidence. ".
108. In paragraph 56, at the end of the text of paragraph 2, the words "on health
capacity, the length of the profession, on the type of workplace, where
the profession is exercised, and on specific professional competence referred to in
special legislation ^ 12b) ".
Footnote No. 12b is inserted:
"12b) for example, Decree No. 50/1978 Coll., as amended by Decree No. 98/1982
Coll. ".
109. In § 56 paragraph 3 to 5 shall be added:
"(3) to complete the number of hours provided for education programme
accredited facility serves the leaves of absence shall grant
the total number of hours of on-the-job training and leaves of absence hours
the theoretical lessons. In case of doubt about the counting shall decide on
participant of specialized education or an accredited
equipment Ministry.
(4) The Ministry of education, specialization, or in charge of the
the Organization has modules that participant of specialized education
He graduated from within other specialized training, and certified
courses, if they are part of the educational programme of the specialized
scope; netting shall issue a certificate. On the nezapočtení education by the phrase
First, the Ministry decides.
(5) The Ministry of education, specialization, or in charge of the
the Organization has been part of the previously academic, if it matches the
some parts of the training program; netting shall issue a certificate. About
nezapočtení Education Ministry will decide by the first sentence. ".
110. In paragraph 56 of the text at the end of paragraph 6, the words "and the demonstration
practice of the profession in the field of specialized education in length
at least 1 year of the period of six years, in the range of at least half of the
fixed weekly working time ^ 6) or at least 2 years from the time of
the last 6 years in the range of at least one fifth of the weekly working
time ".
111. In § 57 para. 3, the first sentence is replaced by the phrases "until the
specialized education accredited facilities also for conventions
incapacity for work and the period of maternity and parental leave, if this
break time medical profession rather than in the aggregate more than
14 weeks in a calendar year; netting shall issue a certificate. In the case of
doubt as to the set-off shall be decided, at the request of the participant of specialized
the Ministry of education or an accredited equipment. ".
112. In § 57 paragraphs 4 and 5 are added:
"(4) The Ministry of education, specialization, or in charge of the
the Organization has been part of the previously academic, if it matches the
the education programme; netting shall issue a certificate. About nezapočtení
the Education Ministry will decide by the first sentence.
(5) The Ministry of education, specialization, or in charge of the
the Organization has also professional practice, or part thereof,
traveled
and in another field of specialization), if the competent education
the program,
(b)) in a foreign country, if it matches a corresponding educational program;
netting shall issue a certificate. On nezapočtení education in the first sentence
the Ministry shall decide. ".
113. In paragraph 58, the following new paragraph 1, which reads as follows:
"(1) successful specialized education is obtained
specialized competence in the field of specialized
education. For specialized education is getting
professional competence for the medical profession. ".
Paragraphs 1 to 3 shall become paragraphs 2 to 4.
114. In paragraph 58, at the end of the text of paragraph 2, the words "shall be added;
the Ministry may delegate this activity to be responsible organization. "
115. In § 58 para. 3 the words "and the skill card" shall be replaced by
"or about its recognition under Title VII or VIII" and the second sentence is
repealed.
116. In § 58 paragraph 4 is added:
"(4) when the conditions laid down in paragraph 2, the Ministry,
where appropriate, the applicant shall be placed in charge of the Organization, the specialized
training within 30 days after receipt of the request and shall notify the applicant
estimated date for the start of training. The Ministry, as appropriate,
responsible for the Organization, candidates in specialized education
conducted by an accredited facility, or more accredited
devices, depending on the selection of the tenderer. If the applicant's accredited
the device has not chosen or selected accredited facility has filled
the capacity of the Ministry, where appropriate, recommend to the responsible for the organisation,
other suitable candidates accredited facilities. In the case of non-inclusion
candidates in specialized education Ministry decides within 30 days
from the receipt of the application. ".
117. In section 59 paragraph 1 reads:
"(1) Accredited equipment ensures the progress of specialized education,
of the device takes place. ".
118. In paragraph 59, at the end of paragraph 2 the following sentence "in the case of a new
specialization scope for which there are not enough people with the specialized
competence can be a trainer of other health professional, including
doctor, dentist or pharmacist, after prior approval
the professional association ".
119. In section 59 paragraph 1. 3 the words "training plan" shall be replaced by
"the learning plan and the plan of implementation of the practical procedures".
120. In paragraph 59, the following paragraph 5 is added:
"(5) the initiative of the Ministry of the accredited facility shall decide on the termination of the
specialized training, if a participant of specialized education
fails to seriously study obligations. ".
121. In paragraph 60, the following shall be added at the end of paragraph 1, the phrase "a prerequisite for
the execution of the content of the test is to meet all the requirements laid down
the relevant educational program; compliance with these requirements shall examine the
the Ministry, in charge of the Organization, if applicable. The failure to meet the requirements for
Board certification exam, the Ministry decides to execute. ".
122. under section 60, the following new section 60a to 60 d, including notes below
line # 22:
"§ 60a
The financing of specialized education
(1) the Ministry in cooperation with universities and professional associations
by 31 March each year. December shall establish and publish the manner
allowing remote access maximum number of residential places in
individual areas of specialized training that will be
started training the following year and the amount of subsidy for the
residential location.
(2) in the case of specialized education pursuant to § 56 with subsidies from the
the State budget provides for costs associated with the
specialized training of the resident, in particular wage and other costs
United with the residents of a resident outside the employer's workplace in
for the fulfilment of the requirements of the education program and, according to
special legal regulation ^ 6), and for the time strictly necessary to
compliance with these requirements. Duration of specialized education on the
the first sentence corresponds to the recommended total length of specialized education
specified educational program.
(3) in the case of specialized education pursuant to § 57 with subsidies from the
the State budget provides for costs associated with the
specialized training of the resident, including labor costs, and that the
the entire duration of the relevant specialized training. The duration of the
specialized education under the preceding sentence corresponds to the minimum
the total length of the specialized training provided for in this Act or the
the educational program.
(4) a subsidy from the State budget pursuant to paragraphs 2 and 3 is provided by
through the budgetary chapter of the Ministry. The Ministry of
handles the medium-term plan of the expenditure of the State budget to finance the
specialized training, for the next five years.
(5) the Ministry shall publish, by 31 December each year. December of the subsidy Methodology
proceedings, which modifies, in particular:
and if the requirements of the request for grant),
(b)) the term, place and method of administration,
(c) evaluation criteria the applications)
(d)), the term appraisal of applications,
(e) notification to the applicant, the method)
(f) the method of administration and settlement) objections,
(g) contributions) conditions,
h) way and the form of the final report of the expense report.
(6) the request for a grant serves medical equipment.
(7) in the framework of the evaluation process, where appropriate, the Ministry responsible for
the Organization shall consider the formalities of the application and at the latest
within 30 days from the date of expiry of the deadline for submission of applications shall publish, in a manner
allowing remote access application excluded for failure to comply with formal
formalities. The excluded applications, the applicant may submit, within 5
days of their publication. Of objections the Ministry decides to
30 days of their receipt. Applications that meet the formal requirements
and requests that have been granted, the applicant's objections, shall submit to the
the Ministry, in charge of the Organization, where appropriate, promptly pursue vocational training
evaluation of the Accreditation Commission.
(8) the Accreditation Commission evaluates the application, in particular in terms of quality
ensure that the course of the entire training program, personnel, factual and
technical securing of each residential places and even
regional availability of residential places on the territory of the Czech Republic.
(9) the Accreditation Commission proposal reviews including design order
applications to the Ministry, and at the latest within 30 days of receipt of the request. About
the allocation of the subsidy shall be decided by the Ministry. Is received by the Ministry in
the prescribed period of the Accreditation Commission proposal, shall decide without this proposal.
(10) the costs of the management of the Ministry of security of the subsidy may cover from
appropriations for subsidies for a maximum of an amount which shall not exceed 2.5%
the total amount of funds earmarked for the Ministry grants for funding
specialized training in a given calendar year.
(11) the decision to grant the selected applicants, the Ministry of
shall issue and publish, by 30. June of the year concerned. The decision of the
includes in particular the formalities laid down by special legislation ^ 22)
and the number of approved residential places, indicating the scope of specialized
education.
(12) the Ministry interrupts the pumping subsidies after a period of interruption
specialized training of the resident. The total duration of interruption
exceed 3 years.
(13) the Ministry will stop pumping subsidies, if their
specialized training of the resident on the residential location.
(14) in the event of dissolution of the medical device with a residential place without
the acquiring person will allow the Ministry to a resident completing
specialized training on the residential location in another health care
the device, on the condition that the device receives the resident to
employment relationship and to demonstrate compliance with the conditions laid down for the
the allocation of subsidies. The Ministry will decide on the change of the contributions by
The methodology of the grant procedure in force at the time of issue of the decision.
section 60b
The selection of the resident
(1) a medical facility with residential place will announce no later than 14
days from the date of publication of the decision on the grant selection process
the approved residential location. Invitations to tender shall so notify the
equipment Ministry. The Ministry shall publish a notice of the publication of
the tender manner allowing remote access. Participant selection
specialized training in an approved residential location performs the
medical device with a residential place not later than 31 December 2006. August
the relevant calendar year.
(2) does not take effect if no participant of specialized education are interested in
approved residential location in the selection proceedings referred to in the previous
paragraph, shall notify the medical facility with residential place this
the fact the Ministry and repeats the selection process. Participant selection
specialized training in an approved residential location performs the
medical device with a residential place no later than the end of the
the relevant calendar year.
(3) medical devices with a residential place when the venue selection
follow the rules of procedure, which shall lay down by Decree of the Ministry.
(4) the selected candidate becomes a resident of the moment of conclusion of the contract
(stabilisation agreement) with the Ministry. Model contract shall publish
Ministry in the journal of the Department of health and the way
allowing remote access no later than 31 December 2006. December of the relevant
of the calendar year.
§ 60 c
The duties of the resident
(1) the resident is required to:
and to properly fulfil all the requirements) of the training program and follow instructions
trainers,
(b) specialized training) complete the checkpoint Board certification
tests
1. in the case of specialized education pursuant to § 56 no later than the date
the recommended total length of specialized education increased about 3 years,
2. in the case of specialized education pursuant to § 57 not later than the date
the minimum total length of specialized education increased about 3 years and
(c)) to practise as a health-care professional or other vocational
worker for at least 5 years from the date of completion of specialized
education in the Czech Republic in the scope in which he obtained
specialized eligibility as a resident.
(2) in violation of the obligations referred to in paragraph 1 has a resident duty
reimburse the costs incurred from the State budget to its residential
instead of proportionally under the conditions laid down in the contract under section 60b
paragraph. 4.
(3) the Ministry shall decide on the waiver from the obligation referred to in paragraph 2,
If the resident's obligations under paragraph 1, demonstrably
prevent the obstacle, which occurred independently of the will of the resident and his
in fulfilment of its obligations, and if it was not possible to assume that the
a resident of this obstacle turned away or exceeded, and, further, that at the time
obligation this obstacle had predicted. Effects of liability
are limited only by time, as long as it takes the obstacle with which these effects are
associated.
§ 60 d
The duties of medical equipment with a residential place
Medical device with a residential place is obliged to:
and ensure proper resident) completion of all components of the educational
the program,
(b) to report changes to the information referred to) in the application for a subsidy on the residential location,
within 15 days of the date when the change occurred,
(c)) to submit to an inspection of specialized security training
the training program carried out by the Ministry,
(d)) lead the documentation about the specialized training of the resident which
is illustrated by the fact, necessary for the proof of fulfilment of the obligations
arising from the education program, documentation of education is
public records under special legislation ^ 11),
(e) where appropriate, the Ministry) to pass, in charge of the Organization, all the
the documentation concerning the training of the resident, if it intends to terminate its
business and has no legal successor, if that continues in operation and the
which passes the employment relationship of the resident; termination of the medical
device, without the obligation fulfilled in the first sentence, the
This obligation to his successor in title, or the heirs, or the
the competent public authority ^ 11b) and
f) report start date and termination of specialized
resident education not later than a week from the date referred to
the fact occurred.
22) Act No. 500/2004 Coll., the administrative code, as amended by law no 413/2005
Coll. ".
123. In paragraph 61, paragraph 1 reads:
' (1) by completing the course or certified professionals
other professionals receive special competence for
narrowly defined activities that deepen obtained professional or
specialized competence. Certified exchange rate cannot be replaced
get an expert or specialized competence to perform
the medical profession. ".
124. In paragraph 61, paragraph 3 reads:
"(3) educational program provides for the total length of the preparation, scope and content
training, in particular the number of hours of practical and theoretical lessons, and
Education workplaces in which takes place, where appropriate, the additional requirements for
to obtain eligibility. The training program may consist of modules (§ 56
paragraph. 1.) educational programme contains a list of recommended study
literature and the range of activities to which the certified course graduate
certified course gets special technical qualifications, including
the definition of activities that are providing health care. Educational
the program also provides that professional or specialized
competence is a prerequisite for inclusion in the certified course, and
whether the capacity is required to practise the profession without professional supervision.
The training program may provide medical requirements. ".
125. In § 61 para. 4, the words "to be reallocated not exceeding 15% of excused absence
from "be replaced by" accredited maximum credit equal to the device
the absence of leaves 15% of the total number. "
126. In paragraph 62, paragraph 2 reads as follows:
"(2) the application shall be officially certified copies of documents obtained
professional competence, or to specialised or gained special
of professional competence or of the recognition under Title VII or
VIII. in the case of health care workers, who are registered in a
Registry of health care workers eligible for health
the profession without professional supervision and visiting people (para. 72), accredited
the device checks the data referred to in the first sentence in this registry and officially
certified copies of documents is not required. ".
127. In § 62 para. 3, the first sentence is replaced by the phrase "subject to conditions
laid down in paragraph 2, and where the capacity of accredited facilities
allows the device shall be placed in the applicant's accredited certified
the course within 1 month after receipt of the request and shall notify the applicant
estimated date for the start of the training. ".
128. In § 63 paragraph 1 reads:
"(1) the progress of the certified course provides accredited equipment.".
129. In paragraph 63, at the end of the text of paragraph 2, the words "shall be added; netting
issues the certificate. In case of doubt about the counting shall decide, on the request of the
participant's certified course or an accredited facility
the Ministry ".
130. paragraph 64:
"§ 64
On successful completion of the course issues a certified accredited facilities
certificate, on a form provided by the Department on the basis of
the application of an accredited facility. The certificate is valid for the Czech
Republic. In the certificate lists the activities for which the graduate
certified course won a special competence in the range
the educational programme (article 61 (3)), including the definition of activities that
are the provision of health care. ".
131. In section 65 paragraph 1. 1, after the word "retrieved" is inserted after the word
"lifelong".
132. In section 65 paragraph 1. 2 (a). (b)), after the word "Ministry", the words
"where appropriate, in charge of the Organization".
133. In section 65 paragraph 1. 2 (a). (d)), the word "Department" shall be replaced by
"supervisor".
134. In section 65 paragraph 1. 2 at the end of subparagraph (f)), the comma is replaced by a dot and the
Letter g) and (h)) shall be deleted.
135. In paragraph 65, paragraph 2, the following paragraph 3 is added:
"(3) the organisers are obliged to record participation in the skill card
other forms of lifelong learning, if given a confirmation of
participation. ".
The former paragraph 3 shall become paragraph 4.
136. In paragraph 65, at the end of the text of paragraph 4, the words ", where appropriate,
in charge of the Organization ".
137. In section 67 para. 1 the first sentence, the word "issue" is replaced by
"decides on the issue" and the second sentence shall be deleted.
138. In section 67 para. 2 letter a) is added:
"and for the healthcare professional) who has requested the issuance of a certificate to 18
months from the date of obtaining eligibility for the medical profession,
evidence of eligibility obtained for the medical profession in
the relevant area, ".
139. In section 67 para. 2 (a). (b)) (2) after the word "education"
the words "from the period of the past 6 years".
140. In paragraph 67, the following paragraph 3 is added:
"(3) the Applicants for recognition of eligibility for the medical profession
under Title VII or VIII issues the Ministry in the framework of this decision
whether or not a certificate for a period of 6 years, if recognised competence corresponds to
the medical profession in the Czech Republic can be carried out without
mentorship. ".
141. In § 68 para. 2, the words ", in the case of examination within 90 days,"
shall be deleted.
142. In paragraph 69, the number "120" is replaced by "60".
143. At the end of section 69 shall be supplemented with the sentence "in this case is required only
submission of documents on lifelong learning and the practice of the profession or
examination under section 67 para. 2 (a). b) points 2 and 3. ".
144. section 70, including the title.
145. In the title of § 72, after the word "supervision", the words "and visiting
people ".
146. Under section 72, paragraph 1 reads:
"(1) the registry of health care workers eligible for the performance
the medical profession without professional supervision and visiting people (
"the registry") is part of the national health information
the system ^ 3). In the handling of personal data referred to in paragraph 4 fulfil the tasks
controllers and processors, or in charge of the Ministry's registry
the Organization, which shall be entered in the registry
and a health care professional to whom) certificate has been issued in accordance with title
(VI),
(b)) a visiting person (§ 76). ".
147. In paragraph 72, at the end of paragraph 3 the following sentence "Details about the birth
and a durable stay are available only to Department of Defense
ensure the defence of the State by a special legal regulation ^ 13a). ".
Footnote # 13a is inserted:
"13a) Act No. 585/2004 Coll. on conscription and its provision of
(military law), as amended. ".
148. In § 72 para. 4 introductory part of the provision, after the word "certificate"
the words "and the guest people".
149. In § 72 para. 4 the letter g) is added:
"(g)) data on educational attainment, including specialized training and
certified courses, the year of his passing and the country in which it was
graduated, ".
150. In § 72 para. 4, the following points (h)) to j) are added:
"h) expiry date of the certificate or notice,
I) whether the person established or host (section 74, paragraph 2, and 3),
j) date of removal from the registry. ".
151. In paragraph 72, paragraph 5 is added:
"(5) the administrator of the registry (§ 72 para. 1) removed from the medical register
a worker whose certificate has been cancelled, or visiting in person
the case referred to in § 76 para. 4. ".
152. In § 72 para. 6, the words "to the national health information
the system "shall be replaced by" registry administrators (§ 72 para. 1) ".
153. in the first section of title VII, including title and footnotes # 15
up to 19, 19a, 19b, 19 c and 19 d is added:
"TITLE VII
RECOGNITION OF ELIGIBILITY FOR THE MEDICAL PROFESSION AND THE INACTIVE PART
ACTIVITIES RELATED TO THE PROVISION OF MEDICAL CARE OBTAINED IN ANOTHER
MEMBER STATE THAN IN THE CZECH REPUBLIC AND THE FREE PROVISION OF SERVICES
THE VISITING PERSON
Part 1
Basic provisions
section 73
(1) the provisions of this title shall apply to the
and the freedom to provide services) a visiting person (part 2)
(b)) recognition of professional competence and specialized qualifications (
"professional qualifications") and the recognition of medical fitness,
integrity and verify knowledge of the Czech language (hereinafter referred to as "other
eligibility ") and
(c) recognition of competence) for the medical profession and to the exercise
activities related to the provision of health care
on the territory of the Czech Republic to the persons referred to in paragraph 2.
(2) pursuant to this title, recognises the competence to work in the medical
the profession
and) a national of a Member State,
(b)) persons with permanent residence in the territory of the Czech Republic,
c) a family member of the persons mentioned in (a)), or (b)) ^ 3),
(d)) than a national of another Member State, if he was in the United
Republic or another Member State granted legal status
long-term resident status in the European Community ^ 16),
e) than a national of another Member State, if he was on the territory of the
The United Kingdom or another Member State of the European Union
long-term stay for the purpose of scientific research ^ 17),
f) a family member of the persons referred to in point (d)), or (e)), if he was
permitted long-term residence in the territory of the Czech Republic ^ 18),
(g)) of the person that was in the territory of the United Kingdom granted asylum or subsidiary
protection, or a member of his family, if it was allowed to fixed
stay on the territory of the Czech Republic ^ 19), and
h) employee seconded to the territory of the Czech Republic in the context of the free
the provision of services,
If the professional qualifications for the performance of professional activities or the
professional activity exercised in accordance with the legislation of another
Member State than in the Czech Republic (hereinafter referred to as "the applicant"); Microsoft product support services
activities for the purposes of recognition of competence referred to in this Act, the
the profession or professional activity performance the corresponding performance
the medical profession or the execution of activities related to the
providing health care under this Act.
(3) the recognition of professional qualifications and other eligibility procedure
Part 3 a), as in the case of professional competence to practise the profession
General nurses and midwives, or
(b)) under the law on recognition of professional qualifications ^ 19a) and section 81 in the case
1. Professional or specialized competence to perform medical
the profession not referred to in subparagraph (a)) or to pursue activities related
with the provision of health care, or
2. General nurses with specialised competence and of
midwives with specialised qualifications.
(4) unless this Act provides otherwise, the recognition of professional
qualification and other eligibility and the freedom to provide services by law on the recognition of
professional qualifications ^ 19a).
§ 74
(1) the tenderer may in the Czech Republic to carry out health profession, or
activities related to the provision of health care as a visiting person
or as an established entity.
(2) a visiting person for the purposes of this Act, the candidate who
is established in the territory of another Member State other than the United States in order to
and professional activities on the territory of the Czech Republic
the corresponding health profession or activities related to the
providing health care temporarily or occasionally in the context of the free
the provision of services. The fact that the service is provided on a temporary or
Occasionally, will be assessed individually with regard to duration,
the frequency, regularity and continuity of the provision of this service.
(3) Established by the person for the purposes of this Act, the candidate who
exercises on the territory of the United States consistently health profession, or
activities related to the provision of health care on the basis of the recognition of
professional qualification and other eligibility to practise the profession, if the
professional qualifications for the performance of the corresponding professional activities obtained
or the professional activity exercised in accordance with the legislation of
in another Member State than in the Czech Republic.
(4) the Applicant may, in the Czech Republic to carry out health profession, or
activities related to the provision of health care in
the adaptation period under the Act on the recognition of professional qualifications ^ 19a), and
It only under supervision of the worker is eligible to practise the profession
without professional supervision.
§ 75
Uznávací authority
(1) the Certification Authority for the recognition of professional qualifications and other
eligibility for the medical profession, or related
with the provision of health care in the Czech Republic is the Ministry of.
(2) the Ministry shall inform the person who is asking for the recognition of professional
qualification and other eligibility, on matters relating to the recognition of
eligibility for the medical profession, or to carry out the activities
related to the provision of health care, of related laws
legislation and about the possibilities of deepening knowledge of the Czech language.
§ 75a
Cooperation between Member States
(1) the Ministry shall cooperate with the competent authorities of the Member States with
to facilitate the free movement of services and recognition of professional competence.
The Ministry shall ensure the confidentiality of the data, which Member States have granted him.
(2) the Ministry shall provide the Member State in which the medical
the worker or other specialist performs or intends to perform
professional activity, on its request, with information on criminal or administrative
recourse to this person in the Czech Republic, if the sanction related to the performance
This professional activity. Similarly, the Ministry shall inform the Member State
of origin in the case of a visiting person.
Part 2
Free provision of services visiting persons
§ 76
The terms of exercising the profession of a visiting person
(1) a visiting person can perform the health profession or activity
related to the provision of health care on the basis of the notification (section 76a),
If further provides otherwise (article 76b).
(2) Visiting a person ceases to be eligible to exercise the medical
profession on the territory of the Czech Republic, if the authorization to pursue the occupation
has been terminated or has been temporarily suspended.
(3) a visiting person can exercise on the territory of the Czech Republic
health profession or activities associated with the provision of
health care, without
and the obligation to obtain the certificate) will meet (registration) under section 66 et seq.,
(b)) asks for the recognition of professional qualifications in accordance with part 3.
(4) the Ministry writes to the registry (section 72) for a period of 12 months hosting
the person on the basis of its notification (section 76a), where appropriate, on the basis of the verification
her professional qualifications (article 76b). The Ministry shall withdraw from the registry
the visiting person ceases to exist if it permission to exercise in the Czech Republic
health profession or activities associated with the provision of
health care or if he obtains from the competent authority of the Member State
of origin that was authorization to pursue the professional activities in the Member State
the origin of the withdrawn or temporarily suspended.
(5) General nurses and midwives, whose evidence of formal
professional qualifications meet the conditions under section 78 or 78a, may
to carry out their profession under the professional title (hereinafter referred to as "designation
the skill ") referred to in this Act. In cases where the expert
qualifications have been verified pursuant to section 76b, carries out the health profession
or activities related to the provision of health care under the designation
expertise under this Act.
(6) a visiting person performs their profession under the designation of expertise
the Member State of origin. If, in the Member State of origin does not exist such a
designation of expertise, the visiting person is an indication of their formal training
qualification in the official language or one of the official languages of the
State.
(7) if the service is provided under the designation of expertise referred to in paragraph 5,
the visiting person must allow patients to access information about whether
and activity in a Member State) of origin is subject to an authorisation scheme, whether
a member of a professional association or similar body is registered at the
Member State of origin, and indicating the name and address of the competent authority
Member State of origin,
(b)) is registered in the registry in the Czech Republic.
section 76a
Notification
(1) a visiting person is required before commencing
health profession or activities associated with the provision of
health care on the territory of the Czech Republic, notify in writing the Ministry of
the beginning of the predicted performance of the medical profession on the territory of the United
Republic; the notification shall specify the kind of medical services, which in the territory of
The United States intends to pursue, and address of the health care facility. To
the notification shall be accompanied by
and a copy of the identity card and) document certifying nationality
the visiting person; the Ministry may require the submission of the original of the
the following documents for inspection,
(b)) the address for service on the territory of the Czech Republic and the address for
delivery on the territory of the Member State of establishment,
c) a document confirming that the visiting person is established
in the Member State of origin and in accordance with its laws, shall exercise
relevant professional activities and that it permission to exercise that professional
activities in the Member State of origin has not been at the time of issue of the certificate
withdrawn or suspended temporarily,
(d)) evidence of formal qualifications
(e)) a document referred to in paragraph 5, if it is not a professional activity in the Member State
the origin of the regulated, and
f) proof of liability insurance for damage caused in the performance of
the medical profession within the scope and under the terms of the relevant law
provisions governing medical device ^ 4); under this document shall
a document issued by a credit institution or insurer established in another
Member State.
The documents referred to in subparagraphs (c) and (f))) must not be presented more than than 3
of the month.
(2) a visiting person is obliged to inform the Ministry about
the changes of all facts contained in the notification or in the documentation for
notice attached, including the facts that could be the reason
the demise of the permissions to provide health care on the territory of the Czech Republic
as a visiting person.
(3) the notification is valid for 12 months from its filing.
(4) the documents referred to in paragraph 1, the visiting person shows when you
the notification only in the case of changes in the facts referred to in the original
notice or in the documents attached to the notice.
(5) if there is no appropriate professional activities in the Member State of origin
regulated, is a visiting person is obliged to demonstrate that in the Member State
the origin of the carried out the relevant professional activity for at least 2 years
during the previous 10 years, or provide proof of a regulated
education, which it has prepared for the performance of the appropriate professional training
activities in the Member State of origin.
(6) a notice is not required if it would lead to a delay in the provision of
the service; in these cases, however, the notice of performance must be
the medical profession on the territory of the Czech Republic made in the shortest
After the provision of health services.
§ 76b
The validation of professional qualifications
(1) the Ministry checked after receipt of notice prior to the first provision of
services of the professional qualifications of the candidates. If the Ministry has to
verifying the professional qualifications of the applicant in accordance with paragraph 3, without delay, the
the fact candidates communicate. The Ministry does not verify the professional qualifications of the
the applicant in accordance with paragraph 3, if the candidate is invited to the Czech Republic
and organizational State) included in the organizational units of the State, or
legal person engaged in the activities of the school entered in the register of
schools and educational institutions ^ 19b), high school ^ 2) or accredited
a device under this Act for the transfer or acquisition of professional or
practical experience, or
(b)) medical institutions to perform one-off performances.
(2) the Ministry does not verify the professional qualifications of the applicants
and in the case of candidates) that performs or pursued by the competent
health profession or activities associated with the provision of
health care on the territory of the United States as a visiting or established
person and who has been in the Czech Republic recognised or certified professional
qualification for the exercise of the medical profession or for
the performance of the activities related to the provision of health care pursuant to this
law or the law on the recognition of professional qualifications ^ 19a),
(b) in the case of candidates) that he intends to pursue on the territory of the Czech Republic
health profession General nurses or midwives, and is
holds evidence of formal qualification, which satisfies the conditions referred to in
§ § 78 or 78a, or
(c)) where uchazečova professional qualifications meets the conditions of the rule
Regulation of the European Community law, which lays down a set of requirements
on professional qualifications for the pursuit of the relevant professional activities
settle the differences between the education and training that is required for the performance of
These professional activities in different Member States according to a special
^ Law 19 d).
(3) if the Ministry considers it necessary to verify the professional qualifications of the
prior to the first provision of services, the decision on the verification of the professional
the qualifications of a visiting person delivers within 1 month from receipt of the notification,
which meets the requirements contained in section 103 paragraph. 1. If there are
difficulties that could lead to a delay, extend the time limit and the Ministry
applicants shall notify the reasons for the delay and the expected time limit within which the
the decision was issued. The decision on the validation of professional qualifications in this
If the Ministry will issue up to 7 weeks from the receipt of the notification, which
meets the requirements contained in section 103 paragraph. 1. In the verification of the professional
qualifications shall be treated in accordance with title II of part one of the law on the recognition of
professional qualifications ^ 19a), unless this Act provides otherwise.
(4) If there is a substantial difference between the professional qualifications of the guest
of the person and of the competence that is required in the Czech Republic, in the
to the extent that this difference could seriously jeopardize life, health
or safety of persons, the Ministry after a visiting person request
in order to demonstrate knowledge of the missing theoretical or practical
areas. Knowledge of missing theoretical or practical areas
demonstrate under the law on recognition of professional qualifications, in particular
differential test ^ 19a). If the Ministry after visiting the person
in order to demonstrate knowledge of the missing theoretical or practical
areas, allowing the visiting person to demonstrate this knowledge within 15
working days from the delivery of the decision on the validation of professional qualifications
in accordance with paragraph 3.
(5) the Ministry within 5 working days from the execution of the differential
This exam tests and evaluates on the basis of the outcome of the issue
decision.
(6) the right to exercise the medical profession or activities related to the
the provision of health care in the Czech Republic hosting the person
begins on the day
and the Ministry of communication) delivery on the abandonment of the verification of the professional
the qualifications referred to in paragraph 1,
(b)) issue authorization decisions of professional qualifications referred to in paragraph 3,
If there is no significant difference detected between professional qualifications
service provider and competence that is required in
The Czech Republic, to the extent that this difference could seriously
endanger the life, health or safety of persons,
(c)) of the decision after passing a differential exam according to the
paragraph 5, or
(d) the expiry of the vain) referred to in paragraph 3, 4 or 5, if the
Department of applied in accordance with these time limits; This does not apply,
If there was a failure to comply with time limits as a result of the conduct of the applicant.
(7) the decision referred to in paragraph 6 (b). (b)), and (c)) for the purposes of the performance of
the medical profession or activities associated with the provision of
health care in the Czech Republic the same legal effects as the
decision on the recognition of professional qualifications referred to in part 3 or in accordance with the law
on the recognition of professional qualifications ^ 19a).
Part 3
Recognition of professional qualifications and other eligibility to carry out continuous performance
the medical profession of General nurses and midwives established
persons
§ 77
Recognition of professional qualifications
(1) competent to exercise the profession of General nurse or midwife
Assistant is the one who has been recognised professional qualifications. Exercise
the profession of General nurse or midwife in the Czech
Republic, which has been recognized by the professional qualifications and other
eligibility. On the recognition of professional qualifications and other eligibility decided
by the Ministry.
(2) the professional qualifications of persons in another Member State
to be eligible to exercise the profession of General nurses and midwives,
recognises the
and harmonised) based the passing education based on
coordination of the minimum training conditions (hereinafter referred to as
"automatic recognition of professional qualifications '),
(b)) on the basis of acquired rights, or
(c)) under the law on recognition of professional qualifications ^ 19a).
§ 78
Automatic recognition of professional qualifications
(1) the Ministry will automatically recognise evidence of formal qualifications issued by a
the competent authority or institution of the Member State which is indicated in the
list of evidence of formal qualifications (paragraph 2) and stating
that the person concerned has met the minimum requirements for training in
accordance with the relevant provision of Community law.
(2) the Ministry shall publish the notice in the collection of laws in accordance with the law
Of the European Communities (points 2 and 5 of annex V in Directive 2005/36/EC)
a list of the evidence of formal qualifications (hereinafter referred to as "list of documents")
that contains the
a) evidence of formal qualifications issued on the territory of the
the Member State which entitles him to the profession of General nurse
or midwives,
(b)) name of the institution or body of the Member State that the evidence of formal
qualifications issued by them,
(c)) the designation of expertise in the country of origin,
(d)) the date from which that Member State training leading to
Award of evidence of formal qualifications meets the minimum requirements in the
accordance with the relevant directives of the European Communities (hereinafter referred to as
"reference day"),
(e)), the conditions which must evidence of formal qualifications
meet in order to be recognised automatically in accordance with paragraph 1.
(3) the Ministry will automatically recognise evidence of formal qualifications issued by a
the competent authority or institution of a Member State, even if it is not listed in the
list of documents (paragraph 2), if at the applicant shall submit to the
a certificate issued by the competent authority or institution of the Member State
of origin stating that the person concerned has met the minimum requirements for professional
preparation in accordance with the relevant directives of the European communities and
that the Member State of origin of this document in order to practise the profession
General nurses and midwives admits the same effects as
documents referred to in the list of documents.
(4) For the purpose of practising General nurses and midwives,
the documents referred to in paragraphs 2 and 3 to the territory of the United States shall recognize the
the same effects as the evidence of formal qualifications issued in
The Czech Republic.
§ 78a
Recognition of professional qualifications on the basis of acquired rights
(1) the Acquired right means the right for the medical profession in
Member State of origin under the same conditions as the holder of the documents,
to demonstrate compliance with the minimum requirements in accordance with the relevant
provision of Community law, on the basis of the evidence of formal
qualifications, if the training leading to the release of this document in
Member State of origin started before the reference date referred to in the list of
documents, and even when it does not meet the minimum requirements.
(2) unless otherwise indicated, the Ministry shall recognise evidence of formal
the qualifications referred to in paragraph 1, if the Tenderer shall submit at the same time
a certificate issued by the competent authority or institution of the Member State
the origin of that in this State, the profession of General nurse or
a midwife after the period provided for in paragraphs 3 to 8. For the purpose of
the profession of General nurses and midwives with these documents
on the territory of the United States shall recognize the same effects as evidence of
formal qualifications issued in the Czech Republic.
(3) the profession of General nurse must be exercised for at least 3
consecutive years during the five years prior to the date of issue
confirmation, unless otherwise stated, and must include the full
responsibility for the planning, organisation and administration of nursing care
delivered to the patient (the profession without supervision).
(4) the profession of midwifery shall be exercised for at least 2
consecutive years during the five years prior to the date of issue
confirmation.
(5) paragraphs 3 and 4 shall not apply in the case of Polish documents. The candidate,
who is the holder of the document of the qualifications of the Polish General nurses,
whose training commenced before 1. in January 2004, if this
preparation does not meet the minimum requirements for the training of General nurses
under European Community law), the 19 c ^ professions General
sisters to perform at least
and) 3 consecutive years during the five years prior to the date
issue of the certificate in the case of the holder of a diploma of Bachelor of nursing
(dyplom licencjata pielegniarstwa), or
(b)), 5 consecutive years during the seven years prior to the date
issue of the certificate in the case of the holder of the diploma of nursing (dyplom
pielegniarki) or graduate nursing (dyplom pielegniarki
dyplomowanej) obtained a vocational medical school after the download
Middle Education (postsekundárně).
The conditions referred to in points (a) and (b))) is not required in the case of graduates
special program for career advancement by Polish special
the law (article 11 of the law of 20 April 2004 amending
the Act on professions of nurse and midwife and nurse
some other legislation published in the official journal of the
The Republic of Poland of 30 April. April 2004 No 92, POS. 885).
(6) a candidate who holds Polish proof of qualifications as
midwife, whose training commenced before 1. in January 2004,
If this preparation does not meet the minimum requirements for the preparation of
midwives under the law of the European communities "^ 1"), the profession
Midwives carry out at least
and) 3 consecutive years during the five years prior to the date
issue of the certificate in the case of the holder of a diploma of Bachelor of midwifery
(dyplom licencjata poloźnictwa), or
(b)), 5 consecutive years during the seven years prior to the date
issue of the certificate in the case of the holder of a diploma in midwifery (dyplom
poloźnej) obtained a vocational medical school after a course, Middle
Education (postsekundárně).
The conditions referred to in points (a) and (b))) is not required in the case of graduates
special program for career advancement by Polish special
the law (article 11 of the law of 20 April 2004 amending
the Act on professions of nurse and midwife and nurse
some other legislation published in the official journal of the
The Republic of Poland of 30 April. April 2004 No 92, POS. 885).
(7) an Applicant who holds a Romanian document, qualifications
General nurse (Certificat de competente profesionale de Assistant
medical generalist) or midwife (Assistant medical
obstetrica-ginecologie), whose training commenced before 1.
in January 2007, if the preparation does not meet the minimum requirements for
training of General nurses or midwives under the law
Of the European Communities ' ^ 1 '), the profession of General nurse or midwife
assistants to exercise for at least 5 consecutive years in the
during the 7 years prior to the date of issue of the certificate.
(8) paragraphs 1 and 2 shall not apply to applicants who are in possession of
the qualification of "feldšer" (feldsher) granted before 31 December 2004 in Bulgaria. December
1999, even if part of their activity is the same as with the activities of the General
sisters.
(9) Similarly, as the evidence of formal qualifications referred to in paragraph 1 shall
recognises the document issued by the competent authority or institution of the State, which
It ceased to exist and the successor State is the Member State of origin
at the Tenderer shall submit a certificate issued by the competent authority or
institution of the Member State of origin showing that this document in order to
the profession of General nurses and midwives admits the same
effects such as the document referred to in paragraph 1. Confirmation of the fact that
accorded the same effects, the document is not required for documents issued by the
the territory of the German Democratic Republic.
(10) the Czechoslovak papers are considered to be United.
§ 79
Medical fitness
(1) the disabled eligible is the one who provides evidence of health
competence required for the exercise of the profession of General nurse or
midwives in the Member State of origin; This document may not be
submission older than 3 months.
(2) is not required if the Member State of origin, proof of medical fitness
for the exercise of the profession of General nurse or midwife, shall be deemed to
the Ministry considered a document issued by the competent authority of the Member
State of origin certifying the fulfilment of the conditions of medical fitness
established by this Act (section 3 (2)).
§ 80
Integrity
(1) to establish the conditions of integrity (§ 3 (3)) shall be deemed to
pleasant presentation of an extract from the criminal record, or similar records
records of a Member State of origin or the equivalent document issued by a
the competent authority of the Member State of origin; This document may not be
submission older than 3 months.
(2) if the Member State of origin of the document referred to in paragraph 1 is not issued,
This document may be replaced by a or by affidavit,
which candidate will make before the competent authority of the Member State of origin or
notary public established in the Member State of origin.
§ 81
Procedure for the recognition of professional qualifications, the procedure for the recognition of other
eligibility and the procedure for the recognition of competence to perform the medical
the profession or to pursue activities related to the provision of health
care
(1) in proceedings for the recognition of professional qualifications and in proceedings for the recognition of other
eligibility for the medical profession, proceed according to section
the first title IV of the law on the recognition of professional qualifications ^ 19a). Control
take place separately, or as a common control.
(2) where the tenderer to whom the decision is issued is eligible for performance
the medical profession without supervision, the Ministry shall issue him
at the same time with the release of the decision referred to in paragraph 1 and the certificate (section 67 para.
3).
(3) on the basis of the decision on the recognition of professional qualifications and the decision to
the recognition of the other, the Ministry will issue a decision on the competence of recognition
eligibility for the medical profession, or to carry out the activities
related to the provision of health care.
§ 82
Verify knowledge of the Czech language
Knowledge of the Czech language is required only to the extent strictly necessary to
performance of the medical profession. The ability to express themselves in
Czech language validates the Ministry of
and proof of language assessment) examination in Czech or Slovak
language,
(b)) an assessment of the training followed in the Czech or Slovak language,
or
(c)) the interview; How to verify knowledge of the Czech language provides for
the implementing legislation.
section 83
The use of expertise
Established by the person that was recognized by the professional qualifications for the performance of
the medical profession of General nurse or midwife, is
entitled to bear the designation of expertise under section 5 or 6.
15) European Parliament and Council Directive 2004/38/EC of 29 April 2004. April
2004 on the right of citizens of the Union and their family members to
move and reside freely within the territory of the Member States, amending Regulation (EEC) No.
1612/68 and repealing directives 64/221/EEC, 68/360/EEC, 72/194/EEC,
73/148/EEC, 75/34/EEC, 75/35/EEC, 90/364/EEC, 90/365/EEC and 93/96/EEC.
16) Council Directive 2003/109/EC of 25 March 2002. November 2003 on the legal
the status of third-country nationals who are long-term
residents.
17) Council Directive 2005/71/EC of 12 July 2005. October 2005 on a specific procedure
for the recruitment of third-country nationals for purposes of scientific
research.
18) Council Directive 2003/86/EC of 22 December 2004. September 2003 on the right to merge
family.
19) Council Directive 2004/83/EC of 29 April 2004. of 29 April 2004 on minimum
the standards to be met by third-country nationals or persons
stateless, so that they can apply for refugee status or
persons who for other reasons need international protection and the content of
the protection granted.
19a) Law No 18/2004 Coll., as amended.
19b) Act No. 561/2004 Coll. on pre-school, primary, secondary, higher
vocational and other education (the Education Act), as amended
regulations.
19 c) § 10 para. 4 of law No. 18/2004 Coll., as amended by Act No. 189/2008
SB.
19 d) Decree No 39/2005 Coll., laying down minimum requirements for the
study programs to obtain the professional competence to perform medical
the medical profession. ".
154. under the first heading of title VIII reads as follows: "RECOGNIZES the-tion of
MEDICAL PROFESSION AND FOR THE PERFORMANCE OF ACTIVITIES RELATED TO THE
THE PROVISION OF HEALTH CARE TO PERSONS OTHER THAN CANDIDATES REFERRED TO IN TITLE
(VII) ".
155. In paragraph 85, the following new paragraph 1, which reads as follows:
"(1) in accordance with this title are the procedures for the recognition of competence to perform
the medical profession and to pursue activities related to
the provision of health care to persons not covered by Title VII. ".
Paragraphs 1 to 5 shall become paragraphs 2 to 6.
156. In paragraph 85, paragraph 2 reads as follows:
"(2) healthcare professionals who are not persons listed in
Title VII or obtained professional qualifications in another Member State,
are eligible to exercise the medical profession on the territory of the Czech Republic
on the basis of successful composition are undergoing approval tests, after demonstrating the health
competence and integrity, and after verifying the ability to professionally
expressed in the Czech language; ability to professionally express in Czech
c to the extent necessary for its operation shall be verified in the course of performance
are undergoing approval test. ".
157. In paragraph 85, paragraph 3, the following paragraph 4 is added:
"(4) other professional workers who have acquired professional competence
way not specified in Title VII, are eligible to exercise the activity of
related to the provision of health care in the territory of the Czech Republic
the basis of validation, proof of medical fitness and
integrity and after verification of the ability to speak professionally in Czech
language; ability to professionally express in the Czech language in the range
necessary for their activity shall be checked in a separate test. ".
Paragraphs 4 to 6 shall be renumbered as paragraphs 5 to 7.
158. In § 85 para. 5, the words "within 180 days of the filing date of the application for
execution are undergoing approval tests "shall be replaced by the words" to 240 days from the submission
all documents required by the Department pursuant to paragraphs 2 and 3. "
159. In paragraph 85, the following shall be added at the end of paragraph 5, the phrase "If the tenderer
that decision is issued is eligible for health
the profession without supervision, the Ministry shall issue him at the same time with
a decision on the recognition of eligibility for the medical profession also
certification (title VI). If a candidate apologizes to the Ministry from participating in
any part of the test, are undergoing approval proceedings resolution broken on
time for the tenderer subscribes to are undergoing approval test again, but no longer than
for a period of 1 year; After this time, the procedure stops. If the tenderer
does not pass in any part of the test, are undergoing approval by decision of the Ministry
denies the request for recognition of eligibility for the medical profession
or to pursue activities related to the provision of health care. ".
160. In paragraph 85 the following paragraph 6 is added:
"(6) If the persons referred to in paragraph 1 shall recognize their professional or
the specialized competence of any of the Member States, the Ministry of
are undergoing approval tests shall refrain from, and shall issue a decision within 90 days of
presentation of all the documents required by the Ministry. In the case of
the assessment of professional competence for the exercise of the profession of General nurse or
as a midwife, the Ministry will assess whether the candidate meets the minimum
the requirements of the legislation governing the minimum requirements for
study programs to obtain the professional competence to perform medical
the medical profession ^ 19 d). If the applicant meets these requirements,
the Ministry recognizes the competence of the Professional automatically under title
VII. In other cases, the Ministry in recognition of competence to
the profession progresses according to the law on the recognition of professional
qualification ^ 19a). ".
161. In paragraph 85, paragraph 7 shall be deleted.
162. In § 86 para. 1, the first sentence is replaced by the phrases "alumni
accredited healthcare degree programs carried out
universities in the Czech Republic in another language than Czech instruction
they are professionally qualified for the medical profession; on the territory of the United
the Republic may exercise the profession after verification of the ability to professionally
expressed in the Czech language. Verification of the ability to speak in Czech
language performs Ministry. ".
163. In § 86 para. 2, the words "who are nationals of the Czech
Republic and "are deleted.
164. section 87 is repealed.
165. § 89 including footnotes # 21a and 21b is inserted:
"§ 89
The Ministry may without recognition of eligibility under section 85 to issue a decision on the
authorization for the medical profession or activities related to the
the provision of health care in the Czech Republic for a certain period with
definition of activities that you can perform on the basis of this decision,
the persons mentioned in § 85 para. 2 If the applicant
and) is invited to the Czech Republic, part of the organizational component of the State
organizational units of the State or a legal entity exercising activities
the school entered in the register of schools and school facilities ^ 19b), high
the school ^ 2) ^ 21a) research institution or by an accredited facility by the
This law for the transfer or acquisition of professional or practical
experience,
(b)) is invited to a United States medical facility to perform
one-off interventions, or
(c) intends to undertake a practical part) are undergoing approval after passing a test
the first two parts are undergoing approval tests for a period laid down by the
Regulation governing the details of the content of the exam, the exam to
issue of a certificate for the medical profession without vocational
supervision, examination of accredited qualification courses
are undergoing approval tests and test procedure for these tests ^ 21b).
21a) for example, Act No. 341/2005 Coll., on public research
institutions, as amended.
21B) Decree No. 394/2004 Coll., on details about the venue
Board certification exams, tests, to issue the certificate for the performance of the health care
the profession without professional supervision, examination of accredited
qualification courses are undergoing approval tests and examination rules for these
test. ".
166. In the first, the following title IX, including title and
footnote # 21 g reads as follows:
"TITLE IX
ADMINISTRATIVE OFFENSES AND PENALTIES
§ 89a
(1) the control of compliance with the obligations laid down in this law is exercised and
penalties for administrative offences stores Department.
(2) the legal or natural person is accredited as a provider of
equipment committing an administrative offense, by
and training, will take place) an accredited qualification course,
practical teaching under § 45 para. 1 (b). (d)) or a certified course
contrary to the decision on the granting of accreditation,
(b)) in violation of § 50 para. 1 (b). (c)) shall impose security check
specialized training, additional professional experience or
certified course
(c)) in violation of § 50 para. 1 (b). (d)) does not lead the documentation on
received specialist training, additional training or certified
the course,
(d)) in violation of § 50 para. 1 (b). (e) to notify a change in conditions)
specialized security-related education, additional
professional experience or a certified course
e) in violation of § 50 para. 1 (b). (f)) will not allow the execution of the practical part
Board certification exams, tests to verify the eligibility for the performance of non-medical
the medical profession without professional supervision, final exams
an accredited qualification course, are undergoing approval tests, differential
a test or adaptation period,
f) in violation of § 50 para. 2 does not pass the Ministry of, or responsible for
the Organization, all the documentation concerning the participants of the training.
(3) the legal or natural person is accredited as a provider of
device with a residential place of the administrative offense committed by
and training takes place in) contrary to the decision on the grant of
accreditation,
b) contrary to section 60 d (a). (c)) shall impose security check
specialized training,
c) contrary to section 60 d (a). (d)) does not lead the documentation about the specialization degree
education,
d) contrary to section 60 d (a). (e) where appropriate, the Ministry does not pass), in charge of
Organization, all documentation relating to the participants in the training
e) contrary to section 60 d (a). and does not provide the proper graduating resident)
all part of a specialized program,
f) contrary to section 60 d (a). (b) does not report the change to the data) contained in the application
for a subsidy to residential space,
g) contrary to section 60 d (a). (f)) does not report the start and end dates
interruption of the specialized training of the resident.
(4) an administrative offense shall be fined
and) from 5 000 to 50 000 CZK in the case of an administrative offence referred to in paragraph 2
(a). (d)) and paragraph 3 (b). f) and (g)),
(b)), from 10 000 to 100 000 CZK in the case of an administrative offence referred to in paragraph 2
(a). a) to (c)), e) and (f)) and paragraph 3 (b). a) to (e)).
(5) in determining the sanctions taking into account the length of time for which the
violations of the obligation it took, to circumstances in which the
action took place and the consequences of such conduct.
(6) the procedure for the imposition of sanctions can be initiated within 1 year from the date of the
the Ministry for violation of the obligations of the learned, but not later than within 3 years
the date on which the infringement occurred.
(7) a fine cannot be saved if it was fined for the same conduct by
other legislation.
(8) The proceedings for administrative offences are covered by the administrative code.
(9) the fine and penalty is Department Selects the State budget revenue.
(10) the collection and recovery of fines imposed shall follow the procedure referred to in
special legal regulation ^ 21 g).
21 g) Act No. 337/1992 Coll., on administration of taxes and fees, as amended by
amended. ".
The current title IX and X are known as title X and XI.
167. In paragraph 90, para. 1, after the word "competence", the words ",
convert a specialization according to the previous legislation, the new scopes
specialized training, marking specialists and expertise of
remuneration for Board certification exam, exam and exam are undergoing approval to issue
certificate ".
168. In paragraph 90, the dot at the end of paragraph 2 is replaced by a comma and the following
the letters f), (g)), h) and (i)), which read as follows:
"(f)) the list of diseases, conditions or defects, which exclude or restrict the
medical fitness to practise the profession, the content of medical examinations and
requirements to medical opinion,
(g)) the progress of the education and specialization to its interruption or
termination,
(h)) to verify knowledge of the Czech language
I) how to tender for the residential location, the progress of the
tender for the residential space and basic selection criteria
resident. ".
169. In paragraph 90, paragraph 3 shall be deleted.
170. In section 91 paragraph 1 including the footnotes No 21 c, 21d and 21e:
"(1) the participation of the members in the discussions of the Accreditation Commission, atestačních,
test and qualified by the Commission established by the Ministry, or
responsible organisations, is any other act in the general interest ^ 21 c)
It belongs to the members of the Commission to pay wages. Members of the Commission who are not in the
employment relationship or similar relationship, however they are employed
Active compensation for loss of earnings for the period of performance of the duties of a member of
the Commission, in which they have demonstrated a level of not more than the average wage in
the national economy declared and published by the Ministry of labour and
Social Affairs in the collection of laws for the purpose of employment ^ 21d). The members of the
the Commission provides reimbursement of travel expenses, according to a special legal
code for the employee in employment ^ 21e).
21 c) § 200 et seq.. of the labour code.
21d) Act No. 435/2004 Coll., on employment, as amended
regulations.
21E) § 156 et seq. the labour code ".
171. In paragraph 91, the following new paragraph 1, paragraphs 2 and 3, including the
footnote No AWACS are added:
"(2) the content of the exam, the exam and exam are undergoing approval to issue the certificate
the Ministry in charge of, as appropriate, is performed by the Organization, for remuneration, which
shall be borne by the tenderer. The amount of payment determined by the Government Regulation. If the tests referred to in
the first sentence done which was responsible for the Organization, is responsible for the payment of the income
^ AWACS) Organization.
(3) the members of the Accreditation Commission, atestačních, test and qualified
by the Commission are required to maintain the confidentiality of the facts, which are
learned in the exercise of activities in those commissions; This does not apply if
they were exempted from this obligation.
AWACS) section 53 of Act No. 218/2000 Coll. on budgetary rules and amending
certain related acts (budgetary rules), as amended by
amended. ".
Paragraphs 2 to 4 shall become paragraphs 4 to 6.
172. in paragraph 91, the following new section 91a, which including the title reads as follows:
"§ 91a
Professional practice
(1) for the completion of practical training in an accredited facility in the Czech
Republic can be temporarily allocate employees to work for other
legal or natural person (hereinafter referred to as "the other person") on the basis of a written
the contract between employer and employee, under the conditions laid down in
a written contract entered into between the employer and the other person, not more than
However, the time required for obtaining professional or specialized
competence, knowledge and skills within the framework of lifelong learning
(hereinafter referred to as "internship").
(2) the contract of an employer to an employee on temporary assignment
employee to another person on the internship includes in particular
and) name and address of the other person, to which the employee is assigned to the internship,
(b)) the place of internship, the traineeship starting date, the period for which the placement
agreed,
(c) determine that a supervisor) is an employee of another person, authorized
assign employees work for the duration of the traineeship and to control it,
(d) unilateral declaration) conditions for employees and employers about
termination of the traineeship before the expiry of the agreed period.
The other person not to do legal acts on behalf of the employees
of the employer.
(3) the employer's Contract with the other person for temporary assignment
the employee on the internship includes, in particular:
and) the name or name, surname, maiden name, if applicable, the State
citizenship, date and place of birth and residence of the temporarily assigned
the employee,
(b)) the kind of work that will be temporarily assigned to a staff member on the stage
exercise; type of work must be in accordance with the educational program,
c) determine the time when the employee is temporarily assigned to perform
internship at another person,
(d)) the place of internship,
(e)) the day when an employee temporarily assigned to perform internships in other
of the person.
(4) medical fitness to work carried out in the framework of the traineeship shall be considered and
preventive care for the duration of the traineeship employees provides the facility
preventive care of another person. ".
173. section 92, including footnote # 23:
"§ 92
Engage in non-medical health profession or activities related to the
the provision of health care in the territory of the United States by persons who
are not eligible for the exercise of the profession, or for the performance of these activities
under this Act, and even temporary or occasional basis, is prohibited.
It is also prohibited the use of expertise, by persons not
to be eligible for the performance of non-medical health profession or to exercise
activities related to the provision of health care pursuant to this
the law ^ 23).
23) section 21 and 24 of Act No. 200/1990 Coll. on offences, as amended by
amended. ".
174. section 93 is repealed.
175. section 94 reads:
"§ 94
(1) the Ministry shall issue, at the written request of the medical
worker's certificate attesting to the continued performance of the medical
the profession of the applicant in the territory of the Czech Republic in accordance with the laws
regulations and the certificate confirming that the applicant is the holder of the document of
Professional or specialized qualifications for the performance of the health care
the profession.
(2) the Ministry shall, on the written request of the General nurse or
midwives wishing to exercise their profession in any of the
the Member States and has received training in the Czech Republic, or
specialized competence and which meets the minimum requirements for
training of General nurses or midwives, according to
the relevant European Community regulation ^ 1), a certificate stating
that such technical or specialized capacity is equivalent to
training in accordance with that regulation.
(3) the Ministry shall, on the written request of the General nurse or
midwives wishing to exercise their profession in any of the
the Member States and the Czech Republic gained the competence that
does not meet all of the requirements for training of General nurses
According to the relevant legislation of the European Community "^ 1"), and that illustrates the
successful completion of training which began before 1 January 2002. May 2004,
a certificate attesting that the applicant actually and in accordance with the laws
regulations to exercise the activities of General nurse or midwife after
for at least three consecutive years during the five years
prior to the date of issue of the certificate.
(4) the Ministry shall, on the written request of the General nurse or
midwives wishing to exercise their profession in any of the
the Member States and has received training in the Czech Republic, or
specialized capacity that does not match the current designation
the expertise of the medical profession, a certificate attesting that the
the applicant has obtained in accordance with the law of professional or
specialized competence for the profession of General nurse or
as a midwife, and that its competence is considered to be
equivalent qualifications and skills that apply to this
profession at present.
(5) the Ministry shall issue, at the written request of the medical
the worker a certificate confirming that his level of qualification achieved
It is identical with one of the levels listed under the applicable legislation
The European Community ^ 1). The first sentence shall apply to certificates
confirming the acquired professional competence for all health
profession outside the profession of General nurses and midwives, or for
certificate attesting the acquired specialized eligibility for all
health professions including specializations for general nurses and
a midwife.
(6) the Ministry shall issue, at the written request of the medical
the worker a certificate stating that a health professional meets
the health condition of competence or integrity under this Act.
The certificate is valid for 3 months from the date of its issue.
(7) the Ministry shall issue, at the written request of the medical
worker's certificate attesting to the other facts to facilitate the free
the movement of people within the Member States resulting from this Act or the
the relevant legislation of the European Community.
(8) the certificates referred to in paragraphs 1 to 7, the Ministry shall issue to the
the request of the competent authority of another Member State. '.
Article. (VIII)
Transitional provisions
1. Graduates of master's or Bachelor's degree programs,
that were subsequently accredited as health programs,
the Ministry admits the decision competence to work in the corresponding
the medical profession if you have completed course of study corresponding to your
content and scope to the minimum requirements of the degree program to obtain
professional competence for the performance of non-medical health professions
laid down in the implementing regulation.
2. The Ministry shall grant upon request by decision of the professional
eligibility for the profession of adiktologa pursuant to section 21a of the law No 96/2004
Coll., in the version in force from the date of entry into force of this Act,
and at least three years of graduates) in the fields of social,
psychological or pedagogical focus specifically on proof
at least 5 years performance activities that correspond to the profession of adiktologa, to
the effective date of this Act, or
(b)) after demonstrating a general sisters at least 5 years performance of activities that
match the profession adiktologa to the effective date of this Act.
3. The Ministry shall grant the specialized competence of the decision-impaired
therapists pursuant to Section 23a of law No 96/2004 Coll., in the version in force from the date of
entry into force of this Act, after the demonstration of at least 5 years performance
activities that correspond to occupation therapist, at the date of the optic acquisition
the effectiveness of this Act.
4. Natural persons applying for the issue of a certificate within 2 years following the date
entry into force of this Act and which shall demonstrate the competence to
the profession of Assistant biotechnického pursuant to section 20a of Act No. 96/2004
Coll., in the version in force from the date of entry into force of this Act, the
issue of a certificate for a period of 6 years, if they show at least
and) 1 year the profession related to the application of medical
resources in the field of biomedical technology from the period of the last 6 years in
the range of at least half of the fixed weekly working hours, or
b) 2 years profession associated with the application of medical
resources in the field of biomedical technology from the period of the last 6 years in
the scope of at least one fifth of working time provided for
and participation in lifelong education in the discipline or related industries.
5. Natural persons applying for the issue of a certificate within 2 years following the date
entry into force of this Act and which shall demonstrate the competence to
the profession of adiktologa pursuant to § 21a law No 96/2004 Coll., as amended by
effective from the date of entry into force of this Act, a certificate will be issued
for a period of 6 years, if they show at least
and) 1 year of practising in the area corresponding to the activities under section 21a
paragraph. 2 from the period of the last 6 years in the range of at least half of the
fixed weekly working hours, or
b) 2 years practising the profession in the area corresponding to the activities under section 21a
paragraph. 2 from the period of the last 6 years in the range of at least fifth set
working time
and participation in lifelong education in the discipline or related industries.
6. Natural persons applying for the issue of a certificate within 2 years following the date
entry into force of this Act and which shall demonstrate the competence to
the profession of the optic therapist under section 23a of law No 96/2004 Coll.
in the version in force from the date of entry into force of this Act, shall be granted
the certificate for a period of 6 years, even without getting the specialized qualifications,
If they show at least 5 years performance of the activities of the respective performance
the profession of the optic of the therapist, of which at least
and) 2 years practising the profession in the area corresponding to the activities under section 23a
paragraph. 3 of the last 6 years in the range of at least half of the
fixed weekly working hours, or
b) 3 years practising the profession in the area corresponding to the activities under section 23a
paragraph. 3 of the last 6 years in the range of at least fifth set
working time
and participation in lifelong education in the discipline or related industries.
Article. (IX)
The Prime Minister shall be empowered, in the collection of laws promulgated the full text
Law No 96/2004 Coll., on conditions for the acquisition and recognition of eligibility for
the exercise of paramedical professions and to pursue activities
related to the provision of health care and on amendments to certain
related laws (the law on the paramedical professions),
as is apparent from later laws.
PART FOUR
Changing the law on Chamber of veterinary surgeons of the Czech Republic
Article. X
Act No. 381/1991 Coll., on the Czech Republic's Chamber of veterinary surgeons,
as amended by law No 318/2004 is amended as follows:
1. In article 2 (2). 1 (b). f) including footnote No 1 is added:
"(f)), issue a certificate of compliance with the conditions for pursuing the veterinary treatment and
preventive activities laid down by the veterinary Act and the confirmation of the
length of membership in the Chamber, and, where appropriate, the certificate of other facts
under this Act, the veterinary Act and according to the law on the recognition of
the professional qualifications of ^ 1)
1) Law No 18/2004 Coll., on the recognition of professional qualifications and other
eligibility of nationals of the Member States of the European Union and the
some nationals of other States and on amendments to certain acts (the Act on
recognition of professional qualifications), as amended. ".
Former footnote No. 1, 1a and 1b are referred to as notes
footnote No. 1a, 1b and 1 c, including the references to footnotes.
2. In article 2 (2). 1 (b). g) after the word "Union", the words ", in
other Contracting States to the agreement on the European economic area and in the
The Swiss Confederation (hereinafter referred to as "the Member State of the European Union") ".
3. In article 2 (2). 2 (c)) shall be deleted.
Subparagraph (d)) to (j)) shall become point (c)) to (i)).
4. in article 2, paragraphs 3 and 4, including footnote No. 1 c shall be deleted.
5. In section 4, paragraph 4. 2 letter a) is added:
"and) proof that the conditions for pursuing the veterinary treatment and
preventive action by the veterinary Act, ".
6. In section 5a paragraph 2. 1, the words ' established in the territory "shall be replaced by" State
"at the end of the text of the first sentence, the words" in accordance with
the law on the recognition of professional qualifications "^ 1") "and the second sentence shall be deleted.
7. In article 5a, paragraph 3 shall be deleted.
Paragraphs 4 and 5 shall become paragraphs 3 and 4.
8. In section 5a of the end of the text of paragraph 4, the words "and section 6 (1). 3
(a). (b)) ".
9. section 7, including the title.
PART FIVE
Changing the law on phytosanitary care and amendments to related laws
Article. XI
Act No. 326/2004 Coll., on phytosanitary care and amendments
related laws, as amended by Act No. 626/2004 Coll., Act No.
444/2005 Coll. and Act No. 137/2006 Coll., is amended as follows:
1. In article 2 (2). 1, the letter t) following the letter u), which read as follows:
"u) Member State of the European Union Member State of the European Union, the Contracting
State to the agreement on the European economic area or the Swiss
Confederation (hereinafter referred to as "the Member State of the European Union"), ".
The present case u) and v) are referred to as letters in) and w).
2. In paragraph 84, the following paragraph 4, including footnote No 63
added:
"(4) the nationals of Member States of the European Union, who are
established in another Member State, can the activity referred to in paragraph 1
exercise within the territory of the Czech Republic temporarily or occasionally on the
the basis of the validation of professional qualifications in accordance with the law on the recognition of professional
qualification ^ 63). These persons shall apply mutatis mutandis to the rights and obligations
permit holders pursuant to the provisions of title VIII of the Act on the recognition of professional
qualification ^ 63).
63) Law No 18/2004 Coll., on the recognition of professional qualifications and other
eligibility of nationals of the Member States of the European Union and the
some nationals of other States and on amendments to certain acts (the Act on
recognition of professional qualifications), as amended. ".
3. In paragraph 86, the following paragraph 8 is added:
"(8) by a competent person in accordance with paragraph 2 (a). (b)) are also
shall be considered as nationals of the Member States of the European Union who are
established in a Member State, acting on the territory of the Czech Republic
occasionally or temporarily the activity of handling of products based on
the validation of professional qualifications in accordance with the law on the recognition of professional
qualification ^ 63). These persons shall apply mutatis mutandis to the rights and obligations
permit holders pursuant to the provisions of title VIII of the Act on the recognition of professional
qualification ^ 63). ".
PART SIX
Amendment of the Act on the exercise of the profession of Chartered architects and performance
the profession of Chartered Engineers and technicians in the construction
Article. (XII)
Act No 360/1992 Coll., on the exercise of the profession of Chartered architects and
the profession of Chartered Engineers and technicians active in construction,
as amended by Act No. 166/1993 Coll., Act No. 277/1994 Coll. and act
224/2003 Coll., is amended as follows:
1. § 1, including footnote No 1 is added:
"§ 1
This Act regulates the
and) the status, rights and obligations of authorised architects,
(b)) the status, rights and obligations of authorised engineers and technicians
active in construction,
(c)) the manner and conditions for granting authorization,
(d) the establishment, powers and) scope of the Czech Chamber of architects and the Czech Chamber of Commerce
Chartered Engineers and technicians active in construction (hereinafter referred to as
"The Chamber"), and
e) conditions for the exercise of the selected actions under construction in accordance with the law
Of the European Communities ^ 1).
1) European Parliament and Council Directive 2005/36/EC of 7 September 2004. September 2005
on the recognition of professional qualifications. ".
2. In section 4, paragraph 4. 2 a) to (c)):
"a) architecture,
b) land-use planning,
c) landscape architecture. ".
3. In section 4, paragraph 4. 3, the words "without specification of the scope ' is replaced by '
general competence ".
4. In section 4, the following paragraph 4 is added:
"(4) the authorization entitles to exercise the activities of general scope
under section 17 (a). and) to l) of this Act. The authorization referred to in paragraph
2 (a). and to undertake activities) under section 17 (a). a), b), (d)) to
(f)), g) to l) of the Act. The authorization referred to in paragraph 2 (a). (b))
to pursue the activities referred to in section 17 (b). and), e), (f)), k) and (l)) of this Act.
The authorization referred to in paragraph 2 (a). (c) to undertake activities)
under section 17 (a). c), (e)), f), (h)) to l) of this Act. The details of the
the scope of each scope provides an authorization procedure
issued by the Chamber of Commerce. ".
5. In article 7 (2). 1 letter b) including the footnotes # 3a, 3b, 3 c,
3D, 3e, 3f, and 3 g:
"(b)) is a national of a Member State of the European Union, other
Contracting State to the agreement on the European economic area or the Swiss
Confederation (hereinafter referred to as "Member State") or of his family,
^ National 3a), or is a national of another Member
State, unless the
1. in the Czech Republic or another Member State is conferred
the status of long-term resident status in the European
Community ^ 3b),
2. in the Czech Republic was allowed to stay for the purpose of scientific research ^ 3 c),
3. in the Czech Republic was granted asylum or subsidiary protection, or is
a family member of a person referred to in paragraph 1 or 2, where he was on the
the territory of the United States permitted long-term residence ^ 3d) or granted asylum
or additional protection for the purpose of family reunification ^ 3e)
4. in the Czech Republic or other Member State was allowed to stay for the
the purpose of studies, pupil exchanges, unremunerated training or
voluntary service ^ 3f)
5. in the Czech Republic or other Member State was allowed to stay,
because it is a victim of human trafficking or received assistance to illegal
Immigration and cooperates with the relevant authorities of the ^ 3 g), and
3A) articles 23 and 24, paragraph 1. 1 directive of the European Parliament and of the Council
2004/38/EC of 29 April 2004. April 2004 on the right of Union citizens and their family
Members to move and reside freely within the territory of the Member States,
Amendment of Regulation (EEC) No 1612/68 and repealing directives 64/221/EEC,
68/360/EEC, 72/194/EEC, 73/148/EEC, 75/34/EEC, 75/35/EEC, 90/364/EEC,
90/365/EEC and 93/96/EEC.
3B) article 11 (1) 1 (b). and) and c), and article 21 paragraph 1. 1 Council directive
2003/109/EC of 25 March 2002. November 2003 concerning the status of the State
nationals of third countries who are long-term residents.
3 c) article 12 (a). and) Council Directive 2005/71/EC of 12 July 2005. October 2005 on the
specific procedure for admitting third-country nationals for the
the purpose of scientific research.
3D) article 14, paragraph 1. 1 (b). (b)) Council Directive 2003/86/EC of 22 December 2004. September
2003 on the right to family reunification.
3E) article 26 para. 1 and 3, and article 27, paragraph 1. 3 Council Directive 2004/83/EC
of 29 April 2004. April 2004, on minimum standards to be met by the State
third-country nationals or stateless persons, in order to
to apply for refugee status, or of the person who needs for other reasons
international protection and the content of the protection granted.
3F) article 17 paragraph 2. 1 Council Directive 2004/114/EC of 13 April 2004. December
2004 on the conditions of admission of third country nationals for the purpose of
studies, pupil exchanges, unremunerated training or
voluntary service.
3 g) article 11 (1) 1 Council Directive 2004/81/EC of 29 April 2004. April 2004 on the
the residence permit issued to third country nationals who
they are victims of trafficking in human beings or have been the subject of illegal
immigration, who cooperate with the competent authorities. ".
Former footnote No. 3a, 3b, 3 c and 3d are referred to as
footnote # 3 h, 3j, 3 k, and 3, including links to notes
below the line.
6. In section 8, paragraph 2, including footnote No 3i:
"(2) in accordance with § 7 paragraph 1. 1 (b). (e)) for each species
authorization means:
and authorization pursuant to §) 3 (b). and higher education) ^ 3 h) obtained
studying in the field of architecture master's degree program; for
for the scope of the authorization referred to in section 4, paragraph 4. 2 (a). and education) must
comply with the conditions referred to in points 1.2 and 1.3 of the annex,
(b)) for authorization pursuant to section 3 (b). (b)) ^ 3 h) University degree obtained
in the field of study in the field referred to in § 5 para. 3 or
a related study in the Bachelor's degree programme
the standard period of study at least four years or in the master
study programme,
(c)) for authorization pursuant to section 3 (b). c) higher education ^ 3 h) obtained
in the field of study in the field referred to in § 5 para. 3 or
a related study, the Bachelor's degree program or
Master's degree programme, or medium or higher vocational
education of a similar study direction ^ 3i).
3i) Act No. 561/2004 Coll. on pre-school, primary, secondary, higher
vocational and other education (the Education Act), as amended
regulations. ".
7. In article 8, paragraph 4, the following paragraph 5 is added:
"(5) the Chamber may, in justified cases, permit an exception from the requirement
pursuant to § 7 para. 1 (b). and) or (b)). ".
Paragraphs 5 to 8 shall be renumbered 6 to 9.
8. In section 8 paragraph 1. 6 (a). a), the words "bachelor's degree
or ' are deleted.
9. In § 13 para. 1, second sentence, the following sentence is added:
"The person to whom the authorization has been granted pursuant to § 4 paragraph 2. 2 (a). (c)), the
use the designation "chartered landscape architect.".
10. the following paragraph shall be added to § 15b 15 c, which including the title reads as follows:
"§ 15 c
Limited liability company set up for the purpose of practising
(1) If an authorized person as companions
company with limited liability, established for the purpose of exercising the profession under
of this Act, must be in such company majority-represented
authorized persons between the partners and between the managers; If the
the company the sole partner or agent, it can only be
the authorized person.
(2) the authorized persons who are shareholders of the company shall be
on behalf of the profession and for its own account; the provisions of this Act on the
responsibilities of authorized persons for the practice of the profession are not
the provisions affected. ".
11. in paragraph 2 of article 23. 6 the letter j) is added:
"j) to issue standards of performance and documentation".
12. in paragraph 2 of article 23. 7 at the end of the text of subparagraph (c)), the words "and that it is
entitled to use the professional title under this Act ".
13. in paragraph 2 of article 23. 7 (b). (d)), the words "evidence of formal qualifications"
replaced by the words "evidence of formal qualifications".
14. in paragraph 23 of the dot at the end of paragraph 7 is replaced by a comma and the following
the letter e), which reads as follows:
"e) proof that the selected activity in construction is regulated
activities under this Act. ".
15. In § 25 para. 4 (b). (b)), the word "royalty" is deleted.
16. in § 25 para. 4, point (b)) the following new point (c)), which read as follows:
"(c)) shall approve the standards performance and documentation".
Subparagraph (c))) to (i) shall become points (d)) to (j)).
17. in section 30a para. 1 the words "Member State nationals
The European Union (hereinafter referred to as "Member State"), who acquired "shall be replaced by
"a person referred to in section 7 (2). 1 (b). (b)), which have won ".
18. in section 30b paragraph 1. 1, the words "evidence of formal qualifications" are replaced by
the words "evidence of formal qualifications".
19. in section 30b (2) is repealed.
Paragraphs 3 and 4 shall become paragraphs 2 and 3.
20. in section 30b paragraph 2 reads as follows:
"(2) the Ministry for regional development of communication in the collection of laws, in accordance
with the relevant directive of the European Community on the recognition of professional
the qualification of "^ 1") will announce and keep up to date:
and) list of evidence of formal qualifications issued on the territory of the other
the Member States, which are automatically recognised in accordance with point 1.1 of the annex,
as well as the institutions and authorities to which it is issued, and the first academic year,
was initiated in education and training, on the basis of
These documents are issued,
(b)) a list of evidence of formal qualifications issued on the territory of the other
Member States which are recognised on the basis of the acquired rights referred to in section
3.1 of the annex, as well as the institutions and authorities to which it is issued, and the last
academic year, was initiated in the education and training, on
the basis of the documents were issued. ".
21. section 30 c and 30 d including headings and footnotes # 9a are inserted:
"section 30 c
The rights and obligations
(1) the activities of established people on the territory of the Czech Republic is governed by this
by law, as well as the internal rules of the Chamber.
(2) The visiting persons who are registered with the Chamber of Commerce, but they are not
its members, apply, mutatis mutandis, the provisions of § 11 (1) 4, § 13 para. 4
through 6, § 16 to 19, section 20 (2). 1 (b). a) and b), section 20 (2). 2, §§ 21 and 22
of this Act. The provisions of paragraphs 10 and 11, § 13 para. 1 and section 20 (2). 1 (b).
(c)) the provisions of this law and of professional and ethical rules and
disciplinary and justice of the procedure and of the competitive procedure, the competent Chamber
the visiting persons apply mutatis mutandis. The provisions of § 13 para. 2 and 3 and section
14 to 15 c of this Act shall not apply to the visiting persons. The provisions of the
the second sentence is in the performance of selected activities in the territory of the United
States hosting the person not apply where compliance with the obligations they
This person cannot be established after considering all the circumstances, and in particular
the fact that this is a temporary or casual performance of the selected
activities, reasonable.
section 30 d
Uznávací authority
(1) the Czech Chamber of Architects is a certification authority for the assessment of vocational
qualification and other eligibility for the performance of the selected actions, pursuant to § 4
paragraph. 2. In the assessment of professional qualifications and other eligibility
activity referred to in section 4, paragraph 4. 2 (a). and follow the attachment) and
If you cannot follow these steps to recognise professional qualifications, it shall proceed according to the law on
recognition of professional qualifications ^ 9a). In the case of the actions referred to in paragraph 4 of the
paragraph. 2 (a). (b)), and (c)), it shall proceed according to the law on the recognition of professional
qualification.
(2) the Czech Chamber of authorised engineers and technicians in the construction
is the certification authority for the assessment of professional qualifications and other
eligibility for the performance of the selected actions according to § 5 para. 3.
an assessment of professional qualifications and other eligibility for an activity referred
in § 5 para. 3 (b). and follow the attachment) and if you cannot support center
follow these steps to recognise qualifications, it shall proceed according to the law on the recognition of professional
qualification. In the case of the actions referred to in § 5 para. 3 (b). (b)) to
k), proceed according to the law on the recognition of professional qualifications.
(3) the fee for filing an application for recognition of professional qualifications in the amount of 2
USD is tv Chambers.
9A) Law No 18/2004 Coll., on the recognition of professional qualifications and other
eligibility of nationals of the Member States of the European Union and the
some nationals of other States and on amendments to certain acts (the Act on
recognition of professional qualifications), as amended. ".
Footnote No. 9a is referred to as a footnote
No. 9b, including links to a footnote.
22. in paragraph 1 of section 30e is worded:
' (1) in the case of recognition of professional qualifications and other eligibility performs
uznávací authority shall write to the list of registered people. ".
23. in section 30e, paragraph 2 shall be deleted.
Paragraphs 3 and 4 shall become paragraphs 2 and 3.
24. in paragraph 2 of section 30e. 3 the words "and g ' are deleted.
25. In section 30f, paragraph 3 shall be deleted.
26. in § 30 para. 1 the words "that prove the fulfilment of the
assumptions "are replaced by the words" which has been recognized by the professional qualifications,
where relevant, other capacity ".
27. in section 7 paragraph 2 and 3 shall be added:
"(2) an application under paragraph 1 shall be accompanied by documents proving the
and) professional qualifications,
b) integrity,
(c)) the insurance contract on liability for damage caused during
exercise of the activity,
(d) the payment of the fee laid down provisions) section 30 d of paragraph 1. 3 for adoption
application for recognition of professional qualifications.
(3) a document referred to in paragraph 2 (a). (b)) must not be older than 3 months. ".
28. in section 7, paragraph 4 is deleted.
29. section 30j, the words "the number under which it is registered in the Chamber"
replaced by the words "stamp with the State emblem of United States ^ 6)
on behalf of the established number of persons, under which it is registered in the list of
registered persons maintained by the Chamber of Commerce, and marked the scope, or
specialization ".
30. In § 30 k of paragraph 1. 2, the second sentence is replaced by the phrase "the period for the implementation of
These operations are regulated by the law on the recognition of professional
qualification ^ 9 c). ".
Footnote # 9 c:
"9 c) § 32 para. 4 of law No. 18/2004 Coll., as amended
regulations. ".
31. in section 30 k, paragraph 3 shall be deleted.
Paragraph 4 becomes paragraph 3.
32. section 30 l including the title reads as follows:
"section 30 l
The activity of the uznávacího authority
(1) the applicant, which was recognized by the professional qualifications and other
eligibility, uznávací authority writes to the list of registered persons [section 23
paragraph. 6 (a). e)].
(2) if the uznávací authority does not recognise professional qualifications or other
capacity of the applicant, shall issue a decision rejecting an application for entry in the
the list of registered people. ".
33. § 30n including footnotes # 9 d and 9e:
"§ 30n
The visiting person is required before the start of the performance of selected activities on
the territory of the United Kingdom to submit a full notification according to uznávacímu authority
the law on the recognition of professional qualifications ^ 9 d) (hereinafter referred to as "disclosure").
Uznávací authority may, before the start of the performance of selected activities on the territory
The United States hosted by the person requesting the validation of professional qualifications
According to the law on the recognition of professional qualifications ^ 9e).
9 d) § 36a law No 18/2004 Coll., as amended by Act No. 189/2008 Sb.
9E) section 36b of law No 18/2004 Coll., as amended by Act No. 189/2008 Coll. ".
34. section 30 degrees, including the title.
35. section traffic:
"§ traffic
If the person meets the requirements under the law, a guest on the recognition of professional
qualification, writes it to the list of uznávací authority without delay
registered persons [section 23 (6) (b), (e))] and to perform write her
has issued the certificate. ".
36. In paragraph 31, the words "the General Court ' shall be replaced by" referred to in
special legal regulation ^ 9b) ".
37. In article 32, paragraph 4 shall be deleted.
38. In Appendix 1, the title reads: "procedure and formalities for the recognition
professional qualifications according to the directive of the European Parliament and of the Council
2005/36/EC of 7 September 2004. September 2005 on the recognition of professional qualifications ".
39. In Appendix No. 1 to the title of point 1: ' 1. the recognition of harmonised
professional qualifications ".
40. in annex No. 1 in points 1.1, 1.2, 1.3 and 1.4, the words "the formal
the qualification "is replaced by" qualifications ".
41. In Appendix 1, point 1.5, the words "the formal qualifications" are replaced by
the words "qualifications" and the words "or of"
shall be deleted.
42. In Appendix 1, section 1.6:
"1.6 list of evidence of formal qualifications issued on the territory of the
the Member States, which are automatically recognised in accordance with section 1.1,
listed in the communication Ministry for regional development [section 30b (2) (a).
a)].“.
43. In Appendix 1, point 2 is deleted.
Points 3 to 6 are renumbered 2 to 5.
44. In annex 1, point 2, including the title reads as follows:
"2. the recognition of professional qualifications on the basis of acquired rights
2.1 Uznávací authority shall recognise evidence of formal qualifications issued by other
Member State to a person pursuant to § 7 para. 1 (b). and) or (b)), if
This document listed in the evidence of formal qualifications issued by
in other Member States and on the basis of the acquired rights of recognised that
Ministry for regional development issues in the statute book, communication [§ 30b
paragraph. 2 (a). (b))] and has been issued on the basis of the education and training systems,
which began no later than the academic year referred to in this list.
2.2 Uznávací authority shall recognise evidence of formal qualifications issued by other
Member State to a person pursuant to § 7 para. 1 (b). and) or (b)), to
reference date was already in that Member State shall be entitled to carry out
the activities of similar activities referred to in section 4, paragraph 4. 2 (a). and) or in § 5
paragraph. 3 (b). and) or whose education and training, on the basis of
It was such a privilege issued in a Member State, has been launched
before the reference date. Reference date shall mean the date:
1.1. January 2007 for Romania and Bulgaria,
2.1. May 2004 for Estonia, Cyprus, Lithuania, Latvia, Hungary, Malta,
Poland, Slovenia and Slovakia,
3. the 1. January 1995 for Austria, Finland and Sweden,
4.5. August 1987 for the other Member States, excluding the United States.
Evidence of formal qualifications must be accompanied by a certificate
the Member State which issued the evidence of formal qualifications, that the
the person was before the reference date in its territory shall be entitled to carry out
the activities of similar activities referred to in section 4, paragraph 4. 2 (a). and) or in § 5
paragraph. 3 (b). and) under the relevant professional title, and that this
the activity actually performed for at least three consecutive
years during the five years preceding the award of the certificate.
2.3 the document referred to in section 3.1 or 3.2, although it does not meet the minimum
the requirements set out in points 1.2 and 1.3 shall be recognised as equivalent to the
evidence of formal qualifications issued in the Czech Republic, which the
requires to begin performance of the activities referred to in section 4, paragraph 4. 2 (a). and) or §
5 (3). 3 (b). a).“.
45. In Appendix 1, paragraph 3 is deleted.
Points 4 and 5 shall be renumbered 3 and 4.
46. In annex 1, point 3, the words "the formal qualifications and professional
practice "shall be replaced by" professional qualifications ".
47. In Appendix 1, point 4 is deleted.
48. Annex 2 shall be deleted.
In annex 1, "Appendix 1" shall be replaced by "Annex".
Article. XIII
Transitional provision
The certificate with the designation subjects referred to in section 4, paragraph 4. 2, whose
the designation is changed, will be replaced within one year of the effectiveness of this
the law; then shall cease to have effect.
Article. XIV
The Prime Minister shall be empowered, in the collection of laws promulgated the full text
Act No 360/1992 Coll., on the exercise of the profession of Chartered architects and
the profession of Chartered Engineers and technicians active in construction,
as is apparent from later laws.
PART SEVEN
Amendment of the Act on the Czech Medical Chamber, the Czech dental Chamber and
Czech pharmacy Chamber
Article. XV
Act No. 220/1991 Coll., on the Czech Medical Chamber, the Czech dental
the Chamber and the Czech Chamber of pharmacists, as amended by Act No. 160/1992 Coll.,
Act No. 285/2002 Coll. and Act No. 111/2007 Coll., is amended as follows:
1. In section 6a of paragraph 1. 1 in the initial part of the provisions, the word "requests"
replaced by the words "notification of the Ministry of health".
2. In section 6a of paragraph 1. 2, the second in the sentence after the word "notice" the words
"Ministry of health" and the third sentence shall be deleted.
3. In section 6a of paragraph 1. 3 the words "visiting person" shall be replaced by
"Ministry of health".
4. In section 6a is added at the end of paragraph 9, the phrase "Details about the birth,
permanent residence and the address for service on the territory of the United States are
accessible only to the Ministry of defence to ensure the defense of the State
According to a special legal regulation ^ 1 h). ".
Footnote # 1 h:
"1 h) Act No. 585/2004 Coll. on conscription and its provision of
(military law), as amended. ".
Footnote # 1 h is referred to as a footnote
# 1i, including a link to a footnote.
PART EIGHT
Amendment to the Trade Licensing Act
Article. XVI
Act No. 455/1991 Coll., on trades (Trade Act),
as amended by Act No. 234/1992 Coll., Act No. 586/1992 Coll., Act No.
600/1992 Coll., Act No. 273/1993 Coll., Act No. 303/1993 Coll., Act No.
38/1994 Coll., Act No. 42/1994 Coll., Act No. 133/1994 Coll., Act No.
200/1994 Coll., Act No. 237/1995 Coll., Act No. 283/1995 Coll., Act No.
94/1996 Coll., Act No. 95/1996 Coll., Act No. 147/1996 Coll., Act No.
19/1997 Coll., Act No. 49/1997 Coll., Act No. 61/1997 Coll., Act No.
79/1997 Coll., Act No. 217/1997 Coll., Act No. 277/1997 Coll., Act No.
15/1998 Coll., Act No. 82/1998 Coll., Act No. 157/1998 Coll., Act No.
167/1998 Coll., Act No. 159/1999 Coll., Act No. 359/1999 Coll., Act No.
363/1999 Coll., Act No. 360/1999 Coll., Act No. 363/1999 Coll., Act No.
27/2000 Coll., Act No. 29/2000 Coll., Act No. 121/2000 Coll., Act No.
122/2000 Coll., Act No. 121/2000 Coll., Act No. 128/2000 Coll., Act No.
149/2000 Coll., Act No. 151/2000 Coll., Act No. 155/2000 Coll., Act No.
247/2000 Coll., Act No. 247/2000 Coll., Act No. 258/2000 Coll., Act No.
308/2000 Coll., Act No. 367/2000 Coll., Act No. 406/2000 Coll., Act No.
458/2000 Coll., Act No. 61/2001 Coll., Act No. 100/2001 Coll., Act No.
120/2001 Coll., Act No. 164/2001 Coll., Act No. 257/2001 Coll., Act No.
273/2001 Coll., Act No. 477/2001 Coll., Act No. 483/2001 Coll., Act No.
501/2001 Coll., Act No. 86/2002 Coll., Act No. 119/2002 Coll., Act No.
174/2002 Coll., Act No. 281/2002 Coll., Act No. 312/2002 Coll., Act No.
320/2002 Coll., Constitutional Court declared under no. 476/2002 Coll.
Act No. 88/2003 Coll., Act No. 130/2003 Coll., Act No. 162/2003 Coll.
Law No 224/2003 Coll., Act No. 228/2003 Coll., Act No. 274/2003 Coll.
Act No. 356/2003 Coll., Act No. 441/2003 Coll., Act No. 38/2004 Coll.,
Act No. 119/2004 Coll., Act No. 167/2004 Coll., Act No. 256/2004 Coll.,
Act No. 326/2004 Coll., Act No. 499/2004 Coll., Act No. 695/2004 Coll.,
Law No 58/2005 Coll., Act No. 95/2005 Coll., Act No. 127/2005 Coll.
Act No 215/2005 Coll., Act No. 251/2005 Coll., Act No. 361/2005 Coll.
Act No. 428/2005 Coll., Act No 444/2005 Coll., Act No. 62/2006 Coll.
Act No. 76/2006 Coll., Act No. 109/2006 Coll., Act No. 115/2006 Coll.
Act No. 137/2006 Coll., Act No. 159/2006 Coll., Act No. 165/2006 Coll.
Act No. 179/2006 Coll., Act No. 186/2006 Coll., Act No. 191/2006 Coll.
Act No. 216/2006 Coll., Act No. 216/2006 Coll., Act No. 225/2006 Coll.
Act No. 309/2006 Coll., Act No. 315/2006 Coll., Act No. 160/2007 Coll.
Act No. 269/2007 Coll., Act No. 270/2007 Coll., Act No. 296/2007 Sb.
and Act No. 130/2008 Coll., is amended as follows:
1. In article 3, paragraph 3. 2 letter a) including the footnotes no 2d and 2e:
"and doctors, dentists) and pharmacists ^ 2d), non-medical
health care professionals ^ 2e) in the provision of health care and
natural healers,
2D) Act No. 95/2004 Coll., on conditions for the acquisition and recognition of professional
competence and specialized competence to perform the medical
the professions of doctor, dentist and pharmacist, as amended
regulations.
2E) Law No. 96/2004 Coll., on conditions for the acquisition and recognition
competence for the exercise of paramedical professions and to the exercise
activities related to the provision of health care and amending
Some laws (the law on the paramedical professions), in
as amended. ".
2. In article 3, paragraph 3. 3 (b). t), the words "included in the school network,
pre-school and school facilities "shall be replaced by" listed
in the register of schools and educational institutions ".
3. In section 69a, paragraph 2 reads as follows:
"(2) a legal person whose internal affairs are governed by the law of the Member
State of the European Union, which has its registered office, Central Administration or principal place of
his business in one of the Member States of the European Union and the
It is on the territory of a Member State of the European Union shall be entitled to operate
business activities in the territory of the United States may temporarily
provide services in the scope of its business license in accordance with the
article. 49 to 55 of the Treaty establishing the European Community. ".
4. In section 69a, paragraph 4 reads:
"(4) the provision of services under this section, the other provisions of the
This Act does not apply, with the exception of
and demonstrate when checking) the obligations under section 60a of the legitimacy of the provision
services, and an identity card, a document certifying the State
jurisdiction, proof that the person providing the service is established in
Member State of origin and in accordance with its laws, shall exercise
the activity in question, and
(b)) the obligations of the person providing services to ensure the performance of activities which
are the contents of the trades listed in annex 5 to this law, only
natural persons who comply with the requirements of competence, which
This annex lays down; the condition of professional competence for the purposes of this
the annex shall be deemed to provide proof of the person providing the service
zaosoby in the dependent position of carrying out activities under this
Regulation, proof of their education, which is in the Member State of origin
professionally prepared for the performance of the regulated activity, or
If there is no activity in question in the Member State of origin regulated, proof of
the fact that the activity in question carry out for at least two years during the
the preceding ten years. ".
5. In paragraph 69, the following paragraphs 5 and 6, including the footnotes
# 43 and 44 shall be added:
"(5) natural persons referred to in paragraph 1, which provides services in the activities,
that is for trades and whose operation is required to meet a specific
the condition of professional competence referred to in § 7 (hereinafter referred to as "regulated
the activity "), you are required to notify the provision of services on the territory of the
The United States uznávacímu authority, including the documents referred to in
special legal regulation ^ 43). On the legal person referred to in paragraph
2 in § 36a law on the recognition of professional qualifications shall apply mutatis mutandis.
Evidence of professional qualifications or practice is illustrated by her for legal persons
provided for the person responsible for the proper provision of the service.
(6) for persons supplying services in regulated activities that are
živnostmi, the Trade Office is entitled to when you check under § 60a
check the fulfilment of the obligation to notify the provision of the service
uznávacímu authority ^ 44). Trade Office can control whether or not the performance
duties of persons providing services to ensure the exercise of activities which are
the contents of the trades listed in Appendix 5 to this law, only
natural persons who comply with the requirements of professional competence.
43) § 36a law No 18/2004 Coll., on the recognition of professional qualifications and other
eligibility of nationals of the Member States of the European Union and the
some nationals of other States, and on amendments to certain acts (the Act on
recognition of professional qualifications), as amended.
44) § 36a para. 4 of law No. 18/2004 Coll., as amended by Act No. 189/2008
Coll. ".
6. in section 70 paragraph 1 including the footnotes # 49, 50 and 51:
"(1) for the purposes of this Act, shall be considered as a national of a
European Union Member State and a national of another Contracting
State to the agreement on the European economic area and the Swiss citizen
the Confederacy, including their family members ^ 49), and State
a third country national who has been granted the status of a Member State
long-term resident status ^ 50), including his family
Members, who have been granted long-term residence in the territory of the United
States ^ 51). Per person, which had been granted status in the
resident status, and the family member does not apply
permission according to § 69a. As a legal person with a registered office in the territory of the Member
State of the European Union, for the purposes of this Act, shall be deemed a legal
a person whose internal affairs are governed by the laws of the Member State
The European Union or of another Contracting State of the agreement on the European
economic area, and which has its registered office, Central Administration or principal
instead of their business activities on the territory of a Member State of the European
Union or another Contracting State to the agreement on the European economic
space. Per person under the preceding sentence is subject to the conditions and to the extent
provided for by an international agreement on the free movement of persons is also considered
legal person whose internal affairs are governed by the laws of the Swiss
Confederation and has its registered office, Central Administration or principal place of
business activities in the territory of the Swiss Confederation.
49) Article 23 and article 24 para. 1 directive of the European Parliament and of the Council
2004/38/EC of 29 April 2004. April 2004 on the right of Union citizens and their family
Members to move and reside freely within the territory of the Member States,
Amendment of Regulation (EEC) No 1612/68 and repealing directives 64/221/EEC,
68/360/EEC, 72/194/EEC, 73/148/EEC, 75/34/EEC, 75/35/EEC, 90/364/EEC,
90/365/EEC and 93/96/EEC.
50) article 11 (1) 1 (b). and) and article 21 paragraph 1. 1 Council directive
2003/109/EC of 25 March 2002. November 2003 concerning the status of the State
nationals of third countries who are long-term residents.
Article 14, paragraph 51). 1 (b). (b)) Council Directive 2003/86/EC of 22 December 2004. September
2003 on the right to family reunification ".
7. in annex No. 2 group 214: others business "applications
manufacture and repair of dentures, b)) fuselage braces c) limb braces
d) soft bandage "is deleted.
8. in annex No. 2 group 214: other subject shall be inserted
the business, which reads as follows:
„
Production and repairs of serially and) the competence to exercise the profession of Prosthetics Orthotics-under) Law No 96/2004 Coll., on conditions for
prepared a special legal regulation) or the obtaining and recognition of competence to perform
-prostheses, b) the competence to practise the profession-patient paramedical professions
-fuselage braces techniques under a special legal regulation *) and 3 years experience and to pursue activities related
-limb braces in the industry, or to the provision of health care and amending
-soft bandage c) certificates of retraining or other evidence of professional qualifications of certain laws (the law on the non-medical
for the relevant work issued by an accredited medical device jobs), as amended by
under special legislation, or by an establishment accredited amended
The Ministry of education, youth and sports, Ministry of, or
to whose jurisdiction include the sector in which the business is operated,
and 3 years experience in the industry, or
d) documents under section 7 (2). 5 (b). a), b), c), (d) or (e)))
the Trades Licensing Act. ".
Article. XVII
Transitional provisions
1. the entrepreneur that the effective date of this Act operated within the
"the application, manufacture and repair of dentures), b) fuselage braces, c)
limb orthoses, d) soft bandage "the activity of that from the date of
the effectiveness of this law is not a business, can continue in this activity
until 31 December 2006. December 2010. After this time, the permission to operate
This activity ceases.
2. Competence documented prior to the effective date of this Act for
"the application, manufacture and repair of dentures), b) fuselage braces, c)
limb orthoses, d) soft bandage "is considered to be from the effective date
This Act, for the competence for the profession "" manufacture and repair
series-made prostheses, orthoses, limb body braces
soft bandage ".
PART NINE
Amendment of the Act on administrative fees
Article. XVIII
Act No 634/2004 Coll., on administrative fees, as amended by Act No.
217/2005 Coll., Act No. 228/2005 Coll., Act No. 361/2005 Coll., Act No.
361/2005 Coll., Act No 444/2005 Coll., Act No. 545/2005 Coll., Act No.
553/2005 Coll., Act No. 48/2006 Coll., Act No. 56/2006 Coll., Act No.
57/2006 Coll., Act No. 81/2006 Coll., Act No. 109/2006 Coll., Act No.
112/2006 Coll., Act No. 130/2006 Coll., Act No. 137/2006 Coll., Act No.
137/2006 Coll., Act No. 159/2006 Coll., Act No. 179/2006 Coll., Act No.
186/2006 Coll., Act No 215/2006 Coll., Act No. 227/2006 Coll., Act No.
227/2006 Coll., Act No. 235/2006 Coll., Act No. 309/2006 Coll., Act No.
575/2006 Coll., Act No. 106/2007 Coll., Act No. 261/2007 Coll., Act No.
269/2007 Coll., Act No. 374/2007 Coll., Act No. 379/2007 Coll., Act No.
38/2008 Coll., Act No. 130/2008 Coll., and Act No. 140/2008 Coll., is amended
as follows:
1. in annex V, part I, item 7, including footnote # 9 is added:
"Item 7
Acceptance of the application for the issue of
and the performance of the medical certificate)
the profession without professional supervision
under special legislation
the competence to perform
health professions ^ 9) $ 500
(b) the decision on the recognition of competence)
or on the recognition of professional qualifications
for the medical profession
under special legislation
the competence to perform
health professions ^ 9) $ 2 000
(c) the decision of the management in the accreditation)
under special legislation
the competence to perform
health professions ^ 9) $ 1 000
(d)) decision or certificate of another
than referred to in points (a) to (c)))
under special legislation
the competence to perform
health professions ^ 9) $ 500
9) Act No. 95/2004 Coll., on conditions for the acquisition and recognition of professional
competence and specialized competence to perform the medical
the professions of doctor, dentist and pharmacist, as amended
regulations.
Law No. 96/2004 Coll., on conditions for the acquisition and recognition of eligibility for
the exercise of paramedical professions and to pursue activities
related to the provision of health care and on amendments to certain
related laws (the law on the paramedical professions),
as amended. ".
2. in the annex, part I, item 5, section 5, the words "and the submission of the application
legal persons about the consent to the exercise of the activities of an authorized inspector "
shall be deleted.
3. in annex V, part I, item 22 letters a) and b) including notes below
footnote # 19:
"and the receipt of the request for recognition) professional
^ qualification 19) $ 2 000
(b)) the issue of professional qualifications, the
and the performance of the activities concerned ^ 19) or
^ 20) issue a certificate of eligibility
to engage in professional activities,
permission to perform or
the pursuit of professional activities
or repeated authorization
or official permission-$ 1,000
19) Law No 18/2004 Coll., on the recognition of professional qualifications and other
eligibility of nationals of the Member States of the European Union and the
some nationals of other States and on amendments to certain acts (the Act on
recognition of professional qualifications), as amended. ".
PART TEN
Amendment of the Act on tax advice and the Chamber of tax advisers of the Czech
of the Republic of
Article. XIX
Act No. 523/1992 Coll., on income tax advice and the Chamber of tax advisors
The Czech Republic, as amended by Act No. 170/2004 Coll., Act No. 284/2004
Coll., Act No. 70/2006 Coll., Act No. 309/2006 Coll. and Act No. 124/2008
Coll., is amended as follows:
1. § 1, including footnote No 1 is added:
"§ 1
This Act regulates:
and the provision of legal assistance and) financially economic advice in matters of
taxes, duties, fees and other payments (hereinafter referred to as "taxes"), as well as in the
matters that are directly related to taxes (hereinafter referred to as "tax advice")
and
(b) the establishment, status and) the scope of the Chamber of tax advisors of the Czech Republic
(hereinafter referred to as the "Chamber") in accordance with the law of the European Communities ^ 1).
1) European Parliament and Council Directive 2005/36/EC of 7 September 2004. September 2005
on the recognition of professional qualifications.
The Treaty establishing the European Community of 25 March. March 12, 1957, in
as amended by the single European Act, Maastricht Treaty, Amsterdam
the Treaty and the Treaty of Nice. ".
2. In article 3, paragraph 3. 1, after the words "tax consultant", the words "or
Guest tax advisor ".
3. in section 3, paragraph 2 reads as follows:
"(2) the tax advisor shall be the natural person entered in the list
tax advisors (hereinafter referred to as "the list"), pursuant to section 4, paragraph 4. 2 and 3. A visiting
tax advisor shall be the natural person referred to in section 8a of the paragraph. 1 (b).
(b)) in the list of registered pursuant to § 4 paragraph 2. 4; a list of the leading Chamber. ".
4. In article 3, paragraph 3. 3, after the words "the tax adviser" the words "or
visiting tax advisor "and after the words" the tax adviser "
the words "or hosting tax advisers".
5. In section 3, paragraph 3. 4, after the word "counsel", the words "or host
tax advisor ".
6. In paragraph 3, the following paragraph 6, including footnote
No 4a is added:
"(6) the tax advice they can, on the basis of a contract concluded between them and the
the client also carry commercial companies or cooperatives, which
tax consultancy performing with tax advisors, and to
This activity as a business zapsánu in the commercial register
According to a special regulation ^ 4a). On providing tax advice
legal persons under this provision shall apply mutatis mutandis
provisions of this Act for providing tax advice tax
advisors and the statutes of the Chamber.
4A) commercial code. ".
7. in section 4, paragraph 1 reads:
"(1) the right to carry out tax advice becomes a natural person on the date of
registration or registration to the list. To this day shall be issued to the tax
advisers to the certificate of registration to the list or hosting accountant
certificate of registration in the list (the "certificate"). ".
8. In section 4, paragraph 4. 3 (b). a) after the word "If" the words "meets the
the conditions set by the international agreement, which is the Czech Republic
bound, and ".
9. in section 4, paragraph 4. 3 (b). (b)), the words "in article 8 c and 8 d" are replaced by the words "in §
8B ".
10. In section 4, paragraph 4. 4, the words "in Section 8e and 8f" are replaced by the words "in section 8 c".
11. in article 4, paragraph 5 is added:
"(5) the right to carry out tax advice tax adviser or host
tax advisor shall cease to
a) on the day on which the tax advisor or tax attorney from hosting
the list of deleted,
(b)), the date on which the tax advisers or hosting tax
consultants performance of tax advisory services is suspended,
However, the earliest date on which tax advisers or hosting tax
advisers delivered a decision pursuant to point (a)), or (b)). ".
12. In the heading of paragraph 5, the words "and the differential test" are deleted.
13. in § 5 para. 1 introductory part of the provisions, the words "qualifying
the test of ", the words" all or part ".
14. in § 5 para. 1 (b). (f)), after the words "qualifying examination"
the words "or any part thereof".
15. in § 5 para. 2 (a). and), the words "whose merits of
related "shall be replaced by" related ".
16. in section 5, paragraph 4 is added:
"(4) Qualifying Exam consists of components parts. In the request for
execution of the qualifying examination or a part thereof shall bear the name, if applicable
first and last name, social security number, if assigned, date of birth,
place of residence and signature of the applicant. The request for execution
qualifying examination or a part thereof shall be accompanied by documentary or their
officially certified copies or copies showing that the conditions referred to in
paragraph 1 (b). (e)) and an affidavit showing that the conditions
referred to in paragraph 1 (b). (c)), and (d)). The extract from the register Index
sentencing guidelines asks the Chamber. The cost of obtaining this statement carries in that
the case of the Chamber. The application does not need to provide information in accordance with this
the paragraph in the case, the Chamber has this information and at the same time there has been
to change them. ".
17. in § 5 para. 5 of the introductory part of the provisions after the word "requests"
the words "to perform a qualifying examination or part thereof".
18. in § 5 para. 5 (b). and), after the words "qualifying examination"
the words "or any part thereof".
19. in § 5 para. 5 (b). (b)), after the word "venue" is inserted after the word
"qualifying" and after the word "test" with the words "or its
the ".
20. in § 5 para. 6, the words "or differential examination" shall be replaced by
"or part thereof".
21. in section 5 paragraph 7 is added:
"(7) the content of the qualifying examination or a part thereof, as well as the composition of the
the examination Committee must correspond to the purpose of the test, which is to determine the level of
knowledge of the applicant, required for the performance of tax advisory services, in particular
the level of knowledge in the field of financial, administrative, civil and commercial
law, finance, economics and accounting. Qualifying exam or its
part takes place in the Czech language. ".
22. in § 5 para. 8, the words "differential examination" shall be replaced by the words "its
the "and the words" differential examination "shall be replaced by the words" in part ".
23. § 5 paragraph 9 is added:
"(9) for the execution of the qualifying examination or a part thereof will be charged
fee income. Fee is due no later than 20
days before the qualifying examination or part thereof. If you fail to pay
applicant fee by the due date, a test of his or her
a portion of this period does not take place. ".
24. in § 5 para. 10, the words "differential examination" shall be replaced by the words "its
the ".
25. in section 5, paragraph 11 is added:
"(11) a decision rejecting the request for qualification
or part of the tests, the Chamber shall issue within 3 months
calculated from the end of the month in which the proceeding in respect of a qualifying
or part of the tests started. Qualifying examination or part thereof
terminates the examination Committee not later than 8 months counted from the end of
the month in which the proceeding in respect of a qualifying examination or part thereof
started. Those time-limits does not count towards the period during which the request for
execution of the qualifying examination or part returned to the Tween.
The validity of the composite parts of the qualification tests can be added to the total reviews
qualifying exams, if by its composition, not older
than 24 months. The qualifying exam is composed, if they are composed
all of its component parts. The oral part of the exam is held after the composition of the written
part of the test. ".
26. in section 5, paragraph 12 reads as follows:
"(12) if the applicant qualifying examination or a part thereof does not fold, it may
It held again, but no earlier than after 3 months from the last day
the calendar month in which the Commission decided on the outcome of the trial. To
the retry request or part of the qualifying examination, applicants shall indicate
only the name, or names, first and last name, social security number, and date of termination
the previous qualifying examination or part thereof; other information provided for in
in the application of paragraph 3 shall indicate only if compared to the previous
requests to change them. Otherwise, the provisions of the previous
paragraphs about the proceedings in respect of a qualifying examination or a part thereof. ".
27. in § 5 para. 13, the words "differential examination" shall be replaced by the words "its
the ".
28. in section 5, the following paragraph 14, which including the footnotes.
3D:
"(14) the provisions of paragraphs 1 to 13 shall apply mutatis mutandis also to
differential test ^ 3d). 3D) § 10 Law No 18/2004 Coll., as amended by law
No 189/2008 Coll. ".
Former footnote No. 3d-3f is referred to as a note under
line # 3e-3 g, including references to footnotes.
29. in section 6 (1). 2, after the words "qualifying examination" shall be replaced
"or part thereof".
30. In paragraph 6 (1). 9 (a). (e)), after the words "qualifying examination"
the words "or any part thereof".
31. In paragraph 6, the following paragraph 12, which reads as follows:
(12) the provisions of paragraphs 1 to 8 of paragraph 9 (a). and also apply)
on visiting the tax advisor. ".
32. In paragraph 7 (2). 1, after the word "stay", the words "or residence".
33. In paragraph 7, the following paragraph 6 is added:
"(6) as in paragraphs 2 to 5, the Chamber shall proceed with hosting
tax consultant. ".
34. In paragraph 8, the following paragraph 6 is added:
"(6) Similarly, as in paragraphs 1 to 5, the Chamber shall proceed with hosting
tax consultant. ".
35. In the title of § 8a, after the word "Union", the words "and other
persons ".
36. In paragraph to section 8a. 1 introductory part of the provisions, the words "(hereinafter referred to as
"Member State"), "the words" or the natural person referred to in
special legal regulation ^ 3 h), if it is not entitled to provide tax
advice based on passing a qualifying examination and the entry into the
a list, either. "
Footnote. 3 h:
"3 h) § 1 (1). 2 of law No 18/2004 Coll., as amended. ".
37. In paragraph to section 8a. 1 (b). and) after the word "consultant" is inserted after "(§ 8b)".
38. In section 8a of the paragraph. 1 (b). (b)) after the word "consultant" is added to the text "(section 8 c)".
39. section 8b and 8 c, including headings and footnotes # 3i-3 l:
"§ 8b
The assessment of the qualifications established tax advisor
(1) the person referred to in section 8a of the paragraph. 1 applying for recognition of a qualification
assumptions and the ability to provide tax advice as established tax
the consultant shall proceed under the law on recognition of professional qualifications ^ 3i).
(2) the Certification Authority in accordance with the law on the recognition of professional qualifications ^ 3j)
the Chamber, which is also governed by this regulation.
(3) the fee for filing an application for recognition of professional qualifications in the amount of 2
EUR is the reception Chamber.
(4) If a decision to tax advisers established the recognition of professional
qualification saved compensatory measures is the only its form
differential test ^ 3 k).
§ 8 c
Guest tax advisor
(1) the person referred to in section 8a of the paragraph. 1, which intends to provide tax
Advisory services in the Czech Republic as a guest tax advisor, the procedure
According to the law on the recognition of professional qualifications ^ 3 l).
(2) hosting the tax advisor is in providing tax advice
In addition, the client must provide the following information:
and) if registered in a commercial register or similar public
the register, the register in which he is entered and his registration number, or
a similar means of identification referred to in the register;
(b) where the activity) is subject to an authorisation scheme in the Member State of origin,
the name and address of the competent supervisory authority or a professional association
or a similar body, to which it is registered;
(c)) the professional title of Member State of origin or, if no such labelling
There is no formal qualification, and the Member State in which the
granted.
3i) section 22 of Act No. 18/2004 Coll., as amended by Act No. 189/2008 Sb.
3j) section 29 of Act No. 18/2004 Coll., as amended by Act No. 189/2008 Sb.
3 k) Article. 14. 3 European Parliament and Council Directive 2005/36/EC of
on 7 December. September 2005 on the recognition of professional qualifications.
3 l), for example, section 27, 36a and 36b law No 18/2004 Coll., as amended by
amended. ".
40. section 8 d to 8f are deleted.
41. In § 9 para. 2 at the end of the text of the letter b), the words "and
registered commercial companies and cooperatives that have tax advice
as a business registered in the commercial register ".
42. In paragraph 11 of the text at the end of subparagraph (c)), the words "and the statutes of the
Chamber of Commerce ".
43. In paragraph 11 (h)):
"h) decides on a request for enforcement of the qualifying examination or its
part, performs a test and its parts ".
44. In paragraph 11, at the end of paragraph (i)) dot replaced with a comma and the following
the letter j) is added:
"j) publishes its members documents for the purposes of demonstrating their
qualifications in other Member States. '.
45. In § 12 para. 2, the words "tax consultant" shall be replaced by "applicant"
and after the words "qualifying examination" and "Qualification exam"
the words "or any part thereof".
46. In article 13 paragraph 2 is added:
"(2) in a proceeding has the tax advisor always has the right to be heard and must be
given the opportunity to defend themselves appropriately. "
Article. XX
Transitional provision
The proceedings initiated pursuant to Act No. 523/1992 Coll., on income tax advice and
The Chamber of tax advisers of the Czech Republic, in the version in force before the date of application
the effectiveness of this law, and to this day unfinished, final
According to present regulations. completes
PART ELEVEN
Patent Attorney Act (Amendment) Act and the amendment of the Act on measures to
protection of industrial property
Article. XXI
Act No. 435/2004 Coll., on patent representatives and amending the law on the
measures for the protection of industrial property, as amended by Act No.
296/2007 Coll., is amended as follows:
1. In article 2 (2). 1 (b)):
"(b)) the natural persons who are nationals of, or are established in the
another Member State of the European Union, Member State of the European
economic area or the Swiss Confederation (hereinafter referred to as
"home State") and which in a Member State of the European Union, other
State of the European economic area or the Swiss Confederation
have received permission to provide services (hereinafter referred to as patent attorney
"foreign patent agent"), ".
2. In article 2 (2). 3 the words "differential tests (section 12)" shall be replaced by
"the scope of authorization to pursue the regulated activities in the decision on the recognition
professional qualifications according to the law on the recognition of professional qualifications "^ 1a)".
Footnote No. 1a is added:
"1a) Law No 18/2004 Coll., on the recognition of professional qualifications and other
eligibility of nationals of the Member States of the European Union and the
some nationals of other States and on amendments to certain acts (the Act on
recognition of professional qualifications), as amended. ".
Footnote 3 is hereby repealed and references to footnote No. 3
shall be replaced by references to footnote No. 1a.
3. In section 4, paragraph 4. 4 (b). a), the words "place of residence" shall be replaced by
the word "residence".
4. In section 4, paragraph 4. 7 (c)) shall be deleted.
Subparagraph (d)) to (g)) shall become point (c)) to (f)).
5. In section 4, paragraph 4. 7 (c)):
"(c) the indication of the registration) foreign organization or organizational folder
Foreign arrangements in the commercial register, ".
6. In section 8 paragraph 1. 3 (b). (b)), the words "whose merits related"
replaced by the words "in the context".
7. In § 8 para. 4, the words "Member State of origin" shall be replaced by
"home State".
8. In paragraph 9, the words "subparagraphs (c) and (d)))" shall be replaced by "(c)), d) and (g))"
and the words "and who composed the differential test (section 12) shall be deleted.
9. in article 9 the present text shall become paragraph 1 and the following
paragraph 2, which reads as follows:
"(2) the fee for filing an application for recognition of professional qualifications in the amount of 2
EUR is the reception Chamber. ".
10. in § 12 para. 1, after the word "necessary" is inserted after "in particular".
11. In paragraph 12, at the end of paragraph 1, the following sentence "the level of theoretical and
practical knowledge necessary for the exercise of the profession of patent attorney
shall be checked only to the extent that it was based on evidence of formal
qualifications of applicants identified a substantial difference in the content of education and
training according to the law on the recognition of professional qualifications "^ 1a).".
12. in section 18 para. 4, after the words "(a). a) to (c)) "the words" and (g)). "
13. in § 24 para. 1, the words "in another Member State of the European Union or
European economic area ' shall be replaced by "in the home".
14. in section 24 paragraph 4 is added:
"(4) a visiting foreign patent attorney is obliged to temporary or
an occasional performance services patent attorney, in writing, notify the
Chamber. The notification shall be accompanied by the documents referred to in the Act on the recognition of professional
qualification ^ 1a). ".
15. in section 24, the following paragraph 6 is added:
"(6) hosting the patent attorney is entitled to on the territory of the Czech Republic
provide services to patent attorney in the extent to which he is entitled to
These services provide in home State. ".
16. in § 25 para. 1, the second sentence shall be deleted.
17. section 26 is repealed.
18. In section 27, the following paragraph 3, including the footnotes.
1B:
"(3) if it has been established that a foreign patent attorney's decision on the
recognition of professional qualifications was ordered to pay compensatory measures, is the only
his form of differential aptitude test ^ 1b).
1B) Article. 14. 3 European Parliament and Council Directive 2005/36/EC of
on 7 December. September 2005 on the recognition of professional qualifications. ".
19. in paragraph 28, the word "reasonably" replaced by the word "analogy".
20. In paragraph 29 (b). a) and b), the words "in a Member State of the European Union,
or another State of the European economic area ' shall be replaced by
the words "home State".
21. in section 30 paragraph 2 reads as follows:
"(2) If a foreign organisational form of the intention to provide on the territory of the
United States patent agent services occasionally or temporarily as
visiting foreign organizational form, is required to this fact
in advance in writing of the Chamber. The notification shall be accompanied by the documents referred to in
the Act on the recognition of professional qualifications "^ 1a).".
22. in § 31 para. 2, after the word "form", the words "providing the
the services of patent agents continuously ".
23. In article 31, the following paragraph 3 is added:
"(3) unless otherwise provided, is a foreign organization form
providing services of patent attorneys, occasionally in the provision of
the services of a patent attorney seeking representation in proceedings before the
State administration bodies and before the courts shall observe the obligations which
are laid down by law or regulation for professional patent
representative. ".
24. In article 47, paragraph 2 shall be deleted.
Paragraphs 3 to 8 shall be renumbered as paragraphs 2 to 7.
25. In § 47 para. 5, the words "in paragraphs 1 and 2 shall be replaced by in
paragraph 1 ".
26. in § 64 para. 3, after the words "the law" with the words "or vládají
Regulation of the rights of the European Union ".
27. In article 65 paragraph 1. 3, after the words "the scope of the test questions"
the word "conditions".
Article. XXII
The Prime Minister shall be empowered, in the collection of laws promulgated the full text
Act No. 435/2004 Coll., on patent representatives and amending the law on the
measures for the protection of industrial property, as is apparent from the changes
carried out by this law.
PART TWELVE
Amendment of the Act on State protection
Article. XXIII
Law No. 20/1987 Coll. on State heritage preservation, as amended by Act No.
242/1992 Coll., Act No. 363/1999 Coll., Act No. 121/2000 Coll., Act No.
132/2000 Coll., Act No. 143/2001 Coll., Act No. 320/2002 Coll., Act No.
18/2004 Coll., Act No. 186/2004 Coll., Act No. 1/2005 Coll., Act No.
3/2005 Coll., Constitutional Court declared under no 240/2005 Coll.
Act No. 186/2006 Coll., Act No. 203/2006 Coll., Act No. 160/2007 Coll.
and Act No. 124/2008 Coll., is amended as follows:
1. In section 14a para. 2, the words "whose merits related"
replaced by the words "committed in the context of".
2. In section 14a para. 3, the words "professional qualifications" are replaced by the words
"its specialized assumptions".
3. In section 14a para. 4 introductory part of the provision, the words "Professional
qualification proof "is replaced by" professional assumptions
show ".
4. In section 14a para. 4 (b). a), the words "the formal qualifications and expertise"
replaced by the words "professional qualification, which means the achieved
qualification and training. "
5. § 14a para. 5 letter b) including footnote No 11 c:
"(b)) a certified copy of evidence of formal qualifications and professional practice referred to in
paragraph 4 (b). and unless) a natural person, is the subject of
procedure for the recognition of professional qualifications and other eligibility under
the law on the recognition of professional qualifications (hereinafter referred to as "the applicant") ^ 11 c),
11 c) § 1 of law No 18/2004 Coll., on the recognition of professional qualifications and other
eligibility of nationals of the Member States of the European Union and the
some nationals of other States and on amendments to certain acts (the Act on
recognition of professional qualifications), as amended. ".
Former footnote No. 11 c to 11 h are referred to as notes
footnote 11 to 11i, including references to footnotes.
6. In section 14a para. 8 letter a) is added:
") the name or name, surname, date of birth, social security number,
If it was allocated, country of citizenship, permanent residency or a temporary
stay or residence ".
7. in section 14a paragraph 9 insert a new paragraph 10, including
footnote # 11e:
"(10) the Ministry of the Interior provides the Ministry of culture for the purposes of
keeping a list of people from the information system of population register ^ 11e)
citizens of the United States or the State of the aliens held in
the information system of the population register of the following particulars:
and) the name or name, last name,
(b)) date of birth,
(c)), social security number, if assigned,
(d)) country of citizenship,
(e)) the type and address of the place of stay
(f) waiver or limitation) competence to perform legal acts,
(g)) of the date, place and County of death; in the case of deaths outside the United
Republic, the date and the State on whose territory the death occurred,
h) day, who was in the Court decision on the Declaration of death listed
as the day of death.
These data are provided in electronic form in a manner allowing
remote access and are used to check the data referred to in paragraph 8
or to perform the registration, where applicable, the registration of changes in the list of people.
11e) Act No. 133/2000 Coll., on registration of the population and the birth numbers and
amendments to certain laws (law on population register), as amended
regulations. ".
Paragraphs 10 to 14 shall become paragraphs 11 to 15 and
former footnote No. 11e to 11i are referred to as notes
footnote No. 11f-11j, including references to footnotes.
8. In section 14a paragraph 14 is added:
"(2) the Ministry of culture Grant Applicants under the conditions provided for in paragraphs 1
and 3 to permit restoration if he recognised professional qualifications and
integrity. ".
9. in section 14a paragraph 15, including footnote No. 11f:
(15) in the case of proceedings for the grant of authorizations for the restoration candidates
results of the common procedure for granting permits for the restoration and recognition
professional qualifications and integrity ^ 11f).
11F) section 25 of Act No. 18/2004 Coll., as amended. ".
10. the heading of section 14b added: "recognition of professional qualifications and other eligibility
the applicant for restoration of cultural monuments ".
11. in section 14b, paragraph 1. 1, the words "a national of another Member
State of the European Union than the United States (hereinafter referred to as "the applicant") "are replaced by
the word "candidate" and the words "special legislation. ^ 11 g)"
replaced by the words "the law on the recognition of professional qualifications ^ 11).".
Footnote No 11 g:
"11 g) Law No 18/2004 Coll., as amended.".
12. in section 14b of paragraphs 2 and 3, including footnote No 11 h shall be inserted:
"(2) a person that the Ministry of culture has announced its intention to implement
restoration under the freedom to provide services and put her papers
According to the law on the recognition of professional qualifications and at the same time illustrated the
the elements of notification referred to in paragraph 3 (hereinafter referred to as "the person entitled to
restoration ") ^ 11 h), shall not apply the provisions of § 14a para. 1.
(3) the notification referred to in paragraph 2 includes in addition to the requirements under the law on
recognition of professional qualifications ^ 11 h)
and the address for service of documents),
(b)) the estimated time of restoration on the territory of the Czech Republic,
c) restoration, planning to perk a person authorised to
restoration on the territory of the Czech Republic.
11 h) § 36a and 36 c of law No 18/2004 Coll., as amended. ".
Footnote # 11i is hereby repealed.
13. in section 14, paragraphs 4 to 6 shall be deleted.
The present paragraph 7 shall become paragraph 4.
14. in section 14b, paragraph 1. 4 (b). (b)), the words "in the territory of the Czech Republic"
shall be deleted.
15. in section 14b, paragraph 1. 4, point (c)) the following point (d)), which read as follows:
"(d)) the validity of the permission to the restoration on the territory of the United States,".
Subparagraph (d)) and e) shall become letters (e)), and (f)).
16. in section 14b, paragraph 1. 4 (b). f), the words "paragraph 4" shall be replaced by the words "§
35 para. 3 or § 39 para. 3. "
17. in section 14 c, paragraphs 1 and 2, including footnote # 11i:
"(1) if the applicant is saved under the law on the recognition of professional
qualification compensatory measure ^ 11i), Ministry of culture
the decision shall also state the
and options) for the case meet the compensatory measures in the form of differential
tests range differential tests, which may include verification of both
theoretical and practical skills of the candidates, not according to the
proof that the part of the applicant's professional qualifications, and school, on the
by the tenderer of a security differential test described in restoration
specialization, in which it intends to operate in the Czech Republic, and
(b)) for the case of the compensatory measures in the form of fulfillment options of adaptation
period length and field of interest, including the areas of the adaptation period,
knowledge of which is necessary for the restoration in the restoration
specialization in which the applicant intends to operate in the Czech Republic, and which
are not covered by this document, part of a professional qualification
the applicant, content, documentation, restoration work to the extent of not more than 3
the work carried out during the adaptation period and its assessment method
and how to evaluate the adaptation period.
(2) the School referred to in paragraph 1 (b). and the Ministry of education), youth
and sports, at the request of the Ministry of culture within 1 month from the date of
of receipt of the request. The Ministry of culture in the application the extent to
differential tests, which may include verification of both theoretical and
practical skills of the applicant. The details of the content and form of the differential
the test provides a designated school.
11i) § 10 and § 11 (1) 1 of law No 18/2004 Coll., as amended
regulations. ".
Footnote No. 11j is repealed, including links to a comment
below the line.
18. In article 14, paragraph 3 shall be deleted.
Paragraphs 4 and 5 shall become paragraphs 3 and 4.
19. in § 14 c para. 3 of the introductory part of the provisions, the words "the applicant adaptation
the period of completing a "are replaced by the words" in the case of options meeting
compensatory measures in the form of an adaptation period the candidate completes
the adaptation period ".
20. In § 14 c para. 3 (b). a) and b), the word "applicant" shall be replaced by
"the Pretender".
21. in § 14 c para. 4, the word "education" shall be replaced by the word "education".
22. in section 21 para. 3, the word "formal" replaced by the word "formal".
23. in section 21 para. 6, the words "a natural person who is a
a national of another Member State of the European Union than the United States, "
replaced by the word "Candidates" and the word "her" is replaced by the word "him".
24. in section 21 para. 7, the words "a national of another Member
State of the European Union than the United States is leading a United "are replaced by
the words "of candidates leads to the common".
25. the heading of section 21a is added: "recognition of professional qualifications the applicant for
implementation of the Archaeological Researches ".
26. in section 21a para. 1, the words "a national of another Member
State of the European Union than the United States (hereinafter "the applicant") "are replaced by
the word "candidate" and the words "special legislation. ^ 11 g)"
replaced by the words "the law on the recognition of professional qualifications ^ 11).".
27. in section 21a of paragraphs 2 and 3 shall be added:
"(2) a person that the Ministry of culture has announced its intention to implement
archaeological research in the framework of the freedom to provide services and
documents referred to in the Act on the recognition of professional qualifications and demonstrated
the elements of notification referred to in paragraph 3 (hereinafter referred to as "the person entitled to
researches ") ^ 11 h), shall not apply the provisions of § 21 para. 2.
(3) the notification referred to in paragraph 2 includes in addition to the requirements under the law on
recognition of professional qualifications ^ 11 h)
and the address for service of documents),
(b) the estimated execution time) archaeological excavations on the territory of the United
Republic,
(c)) where you have the archaeological researches done,
(d) implementation of) the reasons for archaeological excavations,
e) description of the professional practices to be at the archaeological
Research used
(f)) the contract concluded with the Museum about where movable archaeological finds
made in the implementation of the Archaeological Researches ".
28. in section 21a, paragraphs 4 to 6 shall be deleted.
The present paragraph 7 shall become paragraph 4.
29. in section 21a para. 4 (b). (c)), the words "in the territory of the Czech Republic"
shall be deleted.
30. In § 21a para. 4, point (c)) the following point (d)), which read as follows:
"(d)) period of validity of the permission to make archaeological excavations on the
the territory of the United States, ".
Subparagraph (d)) and e) shall become letters (e)), and (f)).
31. in paragraph 2 of section 21a. 4 (b). f), the words "paragraph 4" shall be replaced by the words "§
35 para. 4 or § 39 para. 4. "
32. section 21b is inserted:
"§ 21b
(1) if the applicant is saved under the law on the recognition of professional
qualification compensatory measure ^ 11i), Ministry of culture
the decision shall also state the
and options) for the case meet the compensatory measures in the form of differential
tests range differential tests, which may include verification of both
theoretical and practical skills of the candidates, not according to the
proof that the part of the applicant's professional qualifications, and school, on the
by the tenderer of a security imposed differential exam and
(b)) for the case of the compensatory measures in the form of fulfillment options of adaptation
the period length of the adaptation period, the area of which the knowledge is necessary
for the implementation of the archaeological excavations and which are not covered by this
the document included with the professional qualifications of the applicant, the obligation to submit
the final report on the progress of the adaptation period and the method of evaluation
the adaptation period.
(2) the School referred to in paragraph 1 (b). and the Ministry of education), youth
and sports, at the request of the Ministry of culture within 1 month from the date of
of receipt of the request. The Ministry of culture in the application the extent to
differential tests, which may include verification of both theoretical and
practical skills of the applicant. The details of the content and form of the differential
the test provides a designated school.
(3) in the case of the compensatory measures in the form of fulfillment options of adaptation
period, the candidate undergoes an adaptation period under the supervision of a technically
eligible individuals professional experience in the field of the implementation
archaeological excavations carried out by the Archaeological Institute, or
eligible organizations.
(4) theoretical and practical areas that make up the content of education and
the preparation required in the Czech Republic for the implementation of the archaeological
research, are set out in annex 4 to this Act. ".
33. In § 35 para. 1 (b). (b)), the words "§ 14 para. 2 ' shall be deleted.
34. In section 35 para. 1 the letter g) is added:
"g) carried out restoration, with regard to the cultural heritage, through the
a natural person who does not have authorisation of the Ministry of culture, unless the
power restoration work according to § 14a para. 13, through
the natural persons who were the restoration activities suspended under section
14A para. 12, or by the natural person who is not a person
entitled to restoration according to § 14 para. 2, or which shall act in
contrary to the prohibition in accordance with § 35 para. 3 or § 39 para. 3. "
35. In section 35 para. 1 at the end of subparagraph (h)), a comma is replaced by a dot and the
the letter i) is hereby repealed.
36. In § 35 para. 2 (c)):
"(c)) performs a restoration, if it is a national cultural monument,
through a natural person who does not have the authorization of the Ministry of
culture, unless the performance of restoration work under § 14a para. 13,
through a natural person, that the restoration activity
suspended under section 14a para. 12, or through natural persons,
that is not the person entitled to restoration according to § 14 para. 2, or
which shall act in breach of the prohibition under section 35 para. 3 or § 39 para.
3. "
37. In section 35 para. 2 (a). f), the words "section 21 para. 3 "shall be replaced by the words" §
21, art. 4 ", the words" § 21a, para. 2 or "shall be deleted and the words" § 22
paragraph. 2 "shall be inserted the words" or § 23 para. 2. "
38. In section 35 para. 2 at the end of the text of the letter g), the words ", or
conducts archaeological research, although it is not the person entitled to
research under section 21a, para. 2, or in breach of the prohibition referred to in
§ 35 para. 4 or § 39 para. 4. "
39. In § 35 para. 2 at the end of subparagraph (g)) the comma is replaced by a dot and the
letter h) shall be deleted.
40. In paragraph 35, the following paragraphs 3 to 5 shall be added:
"(3) the Ministry of culture will disable the restoration of the legal person, or
entrepreneurial natural person authorized to restoration, if a gross
manner or less seriously, but has repeatedly proven to be
damaged during the restoration of the cultural heritage or its part, which is
the work of fine art or objective work, and up to a total
2 years.
(4) the Ministry of culture will disable execution of archaeological excavations
a legal entity or a natural person-entrepreneur authorised to carry out
archaeological excavations, if carried out archaeological research, which
Archaeological findings threaten or damage, up to a period of 2 years.
(5) administration of degradation against the decision on the prohibition of restoration by
paragraph 3, or to ban the execution of archaeological excavations under the
paragraph 4, issued by the Ministry of culture does not have suspensory effect. ".
41. In § 39 para. 1 letter h) is added:
"h) carries out the restoration, in the case of the cultural heritage, without permission
the Ministry of culture, unless the performance of restoration work under §
14A para. 13, or even though she was a restoration activity is suspended
According to § 14a para. 12, or although it is not the person entitled to
restoration according to § 14 para. 2, or when the ban imposed under section 35
paragraph. 3 or § 39 para. 3. "
42. In § 39 para. 2 (f)):
"(f)) performs a restoration, if it is a national cultural monument, without
authorisation of the Ministry of culture, unless the performance of restoration work
According to § 14a para. 13, or even though she was a restoration activity
suspended under section 14a para. 12, or although it is not the person entitled
the restoration according to § 14 para. 2, or when the ban imposed under section 35
paragraph. 3 or § 39 para. 3. "
43. In § 39 para. 2 (a). g), the words "§ 21a, para. 2, § 22 para. 2.0 "
replaced by the words "§ 21 para. 4, § 22 para. 2 or ".
44. In paragraph 39, at the end of paragraph 2, the period is replaced by a comma and the following
letter h) is added:
"(h)), carried out in violation of § 21 para. 2 archaeological research, or makes
the archaeological research, although not by a person authorised to conduct research according to the
§ 21a, para. 2, or in breach of the prohibition under section 35 para. 4
or § 39 para. 4. ".
45. In paragraph 39, the following paragraphs 3 to 5 shall be added:
"(3) the Ministry of culture may disable restoration of natural person
entitled to restoration, if rough way or less severe
in a way, but has repeatedly proven to be damaged during restoration
cultural monument or part thereof, which is the work of fine art or
objective work, up to a period of 2 years.
(4) the Ministry of culture may prohibit the execution of archaeological excavations
a natural person authorised to carry out archaeological research, if
conducts archaeological research that archaeological findings threaten or
damage, up to a period of 2 years.
(5) administration of degradation against the decision on the prohibition of restoration by
paragraph 3, or to ban the execution of archaeological excavations under the
paragraph 4, issued by the Ministry of culture does not have suspensory effect. ".
46. section 44 reads as follows:
"§ 44
Unless this Act provides otherwise, the
and) recognition of professional qualifications and other eligibility of applicants for
restoration of cultural monuments and for carrying out archaeological excavations
and
(b)) the conditions for restoration of cultural monuments by the person authorized to
restoration and for carrying out archaeological excavations by a person authorised
to research the law on the recognition of professional qualifications ^ 11 g). ".
Footnote 31 is repealed.
47. in annex No. 2, after the words "social security number", the words ", if
and citizenship "and the words" temporary stay "is inserted
the word "residence".
48. In the titles of annexes 3 and 4, the word "education" shall be replaced by
"education".
Article. XXIV
Transitional provisions
1. the procedure for the cancellation of the Declaration things as a cultural asset, which has not been
finally completed before the date of entry into force of this Act,
completes in accordance with the existing legislation.
2. on the procedure for granting an authorization to perform archaeological excavations
pursuant to § 21 of Act No. 20/1987 Coll. on State heritage preservation, as amended by
effective until the date of entry into force of this law, and to this day
Finally, the unfinished legislation applies so far.
PART THIRTEEN
Amendment of the Act on higher education
Article. XXV
Act No. 111/1998 Coll., on universities and amending and supplementing other
laws (law on higher education), as amended by Act No. 211/2000 Coll.
Act No. 143/2001 Coll., Act No. 361/2003 Coll., Act No. 96/2004 Coll.
Act No. 121/2004 Coll., Act No. 435/2004 Coll., Act No. 480/2004 Coll.,
Act No. 561/2004 Coll., Act No. 340/2005 Coll., Act No. 552/2005 Coll.
Act No. 159/2006 Coll., Act No. 165/2006 Coll., Act No. 309/2006 Coll.
Act No. 624/2006 Coll., Act No. 261/2007 Coll. and Act No. 296/2007
Coll., is amended as follows:
1. § 46 para. 4 (b). (d)), the words "the dentist" is replaced by
"the doctor of dental medicine".
2. In paragraph 79, the dot at the end of paragraph 1 is replaced by a comma and the following
subparagraph (f)), including footnote No. 19a is inserted:
"(f)) in the case of the study programme aimed at preparing for the performance
a regulated profession, also notice that the degree program is aimed
to prepare for the exercise of a regulated profession, and the opinion of the competent
uznávacího authority, whether graduates will be prepared for the corresponding
way to performance of this profession ^ 19a).
19a) Law No 18/2004 Coll., on the recognition of professional qualifications and other
eligibility of nationals of the Member States of the European Union and the
some nationals of other States and on amendments to certain acts (the Act on
recognition of professional qualifications), as amended. ".
3. In § 83 para. 3, the word "integrity" is deleted.
4. In § 83 para. 5, the words "for the loss of integrity," shall be deleted.
5. In paragraph 90, paragraph 3 reads:
"(3) a public university or the Ministry may require that the authenticity of the
signatures and stamps on the original documents have been verified
Ministry of Foreign Affairs of the State in which the seat of the College,
that document was issued, or to the competent foreign authority and the competent
Embassy of the Czech Republic, if an international agreement,
the Czech Republic is bound provides otherwise. ".
6. In paragraph 106, the existing text shall become paragraph 1 and the following
paragraph 2, which reads as follows:
"(2) for the purposes of this Act shall be for the Member State of the European Union shall be deemed to
also another Contracting State to the agreement on the European economic area and
The Swiss Confederation ".
PART OF THE FOURTEENTH
Changing the Education Act
Article. XXVI
Act No. 561/2004 Coll. on pre-school, primary, secondary, higher
vocational and other education (the Education Act), as amended by Act No.
383/2005 Coll., Act No. 112/2006 Coll., Act No. 159/2006, law No.
161/2006 Coll., Act No. 165/2006 Coll., Act No. 179/2006 Coll., Act No.
342/2006 Coll., Act No. 624/2006 Coll., Act No. 217/2007 Coll., Act No.
296/2007 Coll., Act No. 343/2007 Coll., Act No. 58/2008 Coll. and Act No.
126/2008 Coll., is amended as follows:
1. In section 4, paragraph 4. 3, the second sentence is added to the sentence "the framework education
programs aimed at preparing for the exercise of a regulated profession is issued by
the Ministry, after consultation with the competent certification authority ^ 1). ".
Footnote 1:
"1) Law No 18/2004 Coll., on the recognition of professional qualifications and other
eligibility of nationals of the Member States of the European Union and the
some nationals of other States and on amendments to certain acts (the Act on
recognition of professional qualifications), as amended. ".
Footnote No. 1 is referred to as a footnote
No 1a, including links to a footnote.
2. in section 28 para. 2 (a). I) after the word "stay", the words "or
residence in the territory of the United States does not have a place of residence, ".
3. in section 28 para. 3 (b). (f)), after the word "stay", the words "or
residence in the territory of the United States does not have a place of residence, ".
4. In § 41 para. 2 letter a) is added:
") the name or names, first and last name, social security number, if assigned,
and the pupil's place of residence or domicile, if not on the territory of the United
Republic of place of residence, ".
5. In section 104 at the end of the text of paragraph 1, the words "and in the case of
training program to prepare for the performance of the regulated
occupation with the previous opinion of the competent authority, uznávacího ^ 1)
whether graduates will be prepared accordingly to the performance of this
profession ".
6. In § 108 paragraph. 5, the words "fail to comply with the requirements referred to in paragraph 3
or 4 "shall be replaced by the words" do not present the conceptual content of education referred to in
paragraph 3, or fails to comply with the requirements referred to in paragraph 4 ".
7. In paragraph 125 of paragraph 1. 3 (b). (b)), after the words "the identification number
the founder, "the words" if it has been assigned, "and after the words" instead of
residence of the founder ", the words" or the place of residence, if the
on the territory of the United States does not have a place of residence ".
8. In paragraph 144 of paragraph 1. 1 (b). (b)), after the words "identification number"
the words "if it has been assigned."
9. In paragraph 144 of paragraph 1. 1 (b). (c)), after the words "the number of" words ",
If it was allocated, "and after the word" stay "with the words" or the
residence in the territory of the United States does not have a place of residence, ".
10. In paragraph 144 of paragraph 1. 1 (b). (j)), after the word "stay", the words "or
residence in the territory of the United States does not have a place of residence, ".
11. In article 147 paragraph. 1 (b). c) after the word "stay", the words "or
residence in the territory of the United States does not have a place of residence, ".
12. In article 147 paragraph. 1 (b). (d)), after the words "identification number"
the words "if it has been assigned," and after the words "place of residence"
the words "or residence, if not on the territory of the Czech Republic
place of permanent residence ".
13. In article 147 paragraph. 1 (b). (e)), after the word "stay", the words "or
residence in the territory of the United States does not have a place of residence, ".
14. In article 154 para. 1 (b). and), after the words "the number of" words ",
If it was allocated, ".
15. In article 154 para. 1 (b). (b)), after the words "the number of" words ",
If it was allocated, "and after the word" stay "with the words" or the
residence in the territory of the United States does not have a place of residence, ".
16. In article 154 para. 1 (b). I) after the word "stay", the words "or
residence in the territory of the United States does not have a place of residence, ".
17. In article 154 para. 2 of the introductory part of the provisions for the word "numbers"
the words "if it has been assigned."
18. In article 154 para. 2 (a). and), after the words "the number of" words ",
If it was allocated, ".
19. In article 154 para. 2 (a). (b)), after the words "the number of" words ",
If it was allocated, ".
20. In article 154 para. 2 (a). (c)), after the words "the number of" words ",
If it was allocated, ".
21. In article 190 paragraph 1. 5, the words "place of residence and social security number
the Director of "shall be replaced by the words" place of residence or domicile, if
on the territory of the United States does not have a place of residence, and social security number
the Director has been assigned ".
Article. XXVII
The Prime Minister shall be empowered, in the collection of laws promulgated the full text
Act No. 561/2004 Coll. on pre-school, primary, secondary, higher
vocational and other education (the Education Act), as is apparent from later
laws.
PART FIFTEEN
Amendment of the Act on the pedagogical workers and on amendments to certain laws
Article. XXVIII
Act No. 561/2004 Coll. on pedagogic workers and amending certain
laws, as amended by law no 383/2005 Coll., Act No. 179/2006 Coll.
Act No. 262/2006 Coll., is amended as follows:
1. in section 3, paragraph 6, including footnote No. 4 reads as follows:
"(6) the recognition of professional qualifications and meet the provided integrity and
medical fitness for nationals of the Member States of the European
Union, or their family members, and nationals
the other States who are in a Member State or another State authorized to act
direct educational activities shall be governed by special legislation ^ 4).
4) Law No 18/2004 Coll., on the recognition of professional qualifications and other
eligibility of nationals of the Member States of the European Union and the
some nationals of other States and on amendments to certain acts (the Act on
recognition of professional qualifications), as amended. ".
2. in paragraph 4, the following paragraph 5 is added:
"(5) educational staff, in addition to the teaching staff as referred to in
articles 6 and 7, can demonstrate knowledge of the Czech language by presenting proof of
the composition of the language test abroad. ".
PART OF THE SIXTEENTH
Amendment of the Act on the execution of institutional care or protective custody in
school facilities and preventive educational care in school
devices and amending other laws
Article. XXIX
In Act No. 109/2002 Coll. on the execution of institutional care or protective
education in school facilities and on preventive educational care in
school facilities and amending other acts, in the wording of the finding
The Constitutional Court declared under no. 476/2004 Coll., Act No. 562/2004
Coll., Act No. 563/2004 Coll., Act No. 383/2005 Coll. and Act No.
112/2006 Coll., section 18 the following paragraph 7, which including notes below
line # 8 d and 8e:
"(7) to comply with the assumption of a mental competence at the
Member State or a national of another State authorized ^ 8 d), which is
in a Member State is entitled to exercise the activities of similar activities
pedagogical worker facility or centre under this Act,
can also be recognised by a special Act ^ 8e).
8 d) European Parliament and Council Directive 2004/38/EC of 29 April 2004. April
2004 on the right of citizens of the Union and their family members to
move and reside freely within the territory of the Member States, amending Regulation (EEC) No.
1612/68 and repealing directives 64/221/EEC, 68/360/EEC, 72/194/EEC,
73/148/EEC, 75/34/EEC, 75/35/EEC, 90/364/EEC, 90/365/EEC and 93/96/EEC.
Council Directive 2003/109/EC of 25 March 2002. November 2003 on the status of
third-country nationals who are long-term
residents.
Council Directive 2005/71/EC of 12 July 2005. October 2005 on a specific procedure for the
acceptance of third-country nationals for purposes of scientific
research.
Council Directive 2003/86/EC of 22 December 2004. September 2003 on the right to merge
family.
Council Directive 2004/83/EC of 29 April 2004. of 29 April 2004 on minimum standards for
subject to the third-country nationals or persons without
nationality, to be able to apply for refugee status or persons
that other reasons need international protection and the content of
the protection granted.
8e) Law No 18/2004 Coll., on the recognition of professional qualifications and other
eligibility of nationals of the Member States of the European Union and the
some nationals of other States and on amendments to certain acts (the Act on
recognition of professional qualifications), as amended. ".
Footnote # 8 d is referred to as a footnote
# 8f, and including a reference to a footnote.
PART SEVENTEEN:
To change the Act to ensure further the safety and protection of health
When you work
Article. XXX
Act No. 309/2006 Coll., to regulate for more safety requirements and
health at work in labor relations and to ensure
safety and health activities or the provision of services outside the
labor relations (the law on ensuring safety and other conditions
health at work), as amended by Act No. 362/2007 Coll., is amended
as follows:
1. In article 3, paragraph 3. 2 (a). (g)), the word "professional" is deleted.
2. section 10 including the footnotes No 13 to 15:
"§ 10
(1) the Prerequisite professional competence, of a natural person is
and with at least secondary education) GCSE ^ 13),
(b)), the professional experience of at least 3 years, or for at least 1 year,
If the individual has received a college degree in the Bachelor
or master's degree program in the field of safety and security
health at work; for professional practice is considered to be the period of activity
carried out in the scope in which the natural person who will act as the tasks in
Prevention of risks or activities in the field of safety and health at
the work, and
(c) proof of successfully carried out) the examination of professional competence (section 20).
(2) the Examination of professional competence consists of repeatedly every 5 years.
(3) the recognition of professional qualifications acquired by a natural person in the
another Member State of the European Union, another Contracting State to the agreement on
The European economic area or the Swiss Confederation,
proceed according to the law on the recognition of professional qualifications ^ 14). Certification
authority is the Ministry of labour and Social Affairs. Before you start
temporary or occasional exercise of the activity in the territory of the Czech Republic
a natural person who is authorised to carry out similar activities in the
Member State of the European Union, another Contracting State of the agreement on the European
economic area or the Swiss Confederation, Ministry of labour and
Social Affairs, her professional qualifications, validates ^ 15).
13) § 58 para. 1 (b). c) of Act No. 561/2004 Coll. on pre-school,
primary, secondary, higher vocational and other education (the education
the law).
14) Law No 18/2004 Coll., on the recognition of professional qualifications and other
eligibility of nationals of the Member States of the European Union and the
some nationals of other States and on amendments to certain acts (the Act on
recognition of professional qualifications), as amended.
15) section 36b of law No 18/2004 Coll., as amended by Act No. 189/2008 Coll. ".
Footnote 16 is hereby repealed.
3. In article 11 (1) 2 (a). (d)), the words "stated" is replaced by
"in length and scope as provided for".
4. In article 11, paragraph 3, the following paragraph 4 is added:
"(4) the examination in special professional competence consists of repeatedly
every 5 years. ".
The current paragraph 4 shall become paragraph 5.
5. In article 11 (1) 5 is the number "2" is replaced by "3".
6. In paragraph 20, paragraphs 4 and 5, including footnote # 31:
"(4) the Examination of professional competence or special professional competence
under this Act may make to the natural or legal person
established in another Member State of the European Union, another Contracting State
The agreement on the European economic area or the Swiss Confederation,
If the accreditation or other permissions from this State to carry
similar tests ensures a level of safety and health at
work as this Act and the provisions adopted for its implementation. About
permission of such persons shall be decided by the Ministry of labour and Social Affairs in the
proceedings referred to in paragraph 1.
(5) the Ministry of labour and Social Affairs may check ^ 31)
compliance with the conditions, based on which the accreditation provided for in paragraph
1 or permission granted in accordance with paragraph 4.
31) Act No. 553/1991 Coll. on State control, as amended
regulations. ".
7. in paragraph 21 (b). (b)), point 3, the word "length" is inserted after "and".
PART EIGHTEEN
Amendment of the Act on the State vocational safety surveillance work
Article. XXXI
Act No. 174/1968 Coll., on State specialized supervision of work safety,
as amended by Act No. 576/1990 Coll., Act No. 159/1992 Coll., Act No.
47/1994 Coll., Act No. 71/2000 Coll., Act No. 128/2000 Coll., Act No.
151/2002 Coll., Act No. 309/2002 Coll., Act No. 320/2002 Coll., Act No.
436/2004 Coll. and Act No. 253/2005 is amended as follows:
1. In Article 6a, paragraph 4 shall be deleted.
2. In section 6 c, the following paragraph 5, including the footnotes # 5a
and 5b:
"(5) when the recognition of professional qualifications referred to in paragraph 1 (b). (c))
a natural person has obtained in another Member State of the European Union, other
Contracting State to the agreement on the European economic area or in a
The Swiss Confederation, proceed according to the law on the recognition of professional
qualification ^ 5a). Certification authority is the Ministry of labour and social
things. Before the start of the temporary or occasional activity on the
the Czech Republic is a natural person, who is entitled to exercise
a similar activity in the Member State of the European Union, another Contracting State
The agreement on the European economic area or the Swiss Confederation,
The Ministry of labour and Social Affairs, the professional qualifications of the
verifies ^ 5b).
5A) Law No 18/2004 Coll., on the recognition of professional qualifications and other
eligibility of nationals of the Member States of the European Union and the
some nationals of other States and on amendments to certain acts (the Act on
recognition of professional qualifications), as amended.
5B) section 36b of law No 18/2004 Coll., as amended. ".
3. section 7 c, including the title.
PART NINETEEN
Changing the law on surveying and amending and supplementing certain laws
related to its introduction
Article. XXXII
Act No. 200/1994 Coll., on surveying and amending and supplementing certain
laws related to its introduction, as amended by Act No. 121/2000 Coll.,
Act No. 185/2001 Coll., Act No. 319/2004 Coll., Act No. 413/2005 Coll.
Act No 444/2005 Coll. and Act No. 124/2008 Coll., is amended as follows:
1. in article 14, paragraph 4, including footnote No. 11b is inserted:
"(4) the official permission has granted the competent authority referred to in paragraph 1 also
a natural person recognised by the professional qualifications and integrity according to the
the law on the recognition of professional qualifications ^ 11b).
11B) Law No 18/2004 Coll., on the recognition of professional qualifications and other
eligibility of nationals of the Member States of the European Union and the
some nationals of other States and on amendments to certain acts (the Act on
recognition of professional qualifications), as amended. ".
2. in § 14 para. 5 (b). and), the words "whose merits of
related "be replaced by" committed in the context of ".
3. in article 14, paragraph 6 shall be deleted.
Paragraphs 7 to 9 shall be renumbered 6 to 8.
4. In section 14a para. 1, the words ' six months ' are replaced by the words "three months".
5. In section 14a, the following paragraph 5 is added:
"(5) the provisions of paragraphs 1, 2 and 4 shall apply mutatis mutandis for the execution of the
differential tests in accordance with the law on the recognition of professional qualifications ^ 11b).
The provisions of paragraph 3 shall apply to the execution of the differential test
mutandis. ".
6. In section 20 (2). 1 (b). (h)) and paragraph 2. 2 (a). (c)), the words "comparative
the proficiency tests "shall be replaced by the words" differential examination ".
PART TWENTY-
Amendment of the Act on electronic communications
Article. XXXIII
In § 26 para. 2 Act No. 127/2005 Coll., on electronic communications and
amending some related laws (Act on electronic
communications), fourth sentence, including footnote # 18 repealed.
PART OF THE TWENTY-FIRST
Change of the Atomic Act
Article. XXXIV
Act No. 18/1997 Coll. on peaceful uses of nuclear energy and
ionizing radiation (the Atomic Act), and amending and supplementing certain
laws, as amended by Act No. 82/1998 Coll., Act No. 71/2000 Coll., Act
No 132/2000 Coll., Act No. 13/2002 Coll., Act No. 312/2002 Coll., Act
No. 320/2002 Coll., Act No. 279/2003 Coll., Act No. 186/2004 Coll., Act
No 1/2005 Coll., Act No. 251/2005 Coll., Act No. 413/2005 Coll., Act
No 186/2006 Coll., Act No. 342/2006 Coll., Act No. 296/2007 Coll. and
Act No. 124/2008 Coll., is amended as follows:
1. In article 3, paragraph 3. 2 (a). m), after the words "selected workers ' shall be
the words "or other individuals".
2. In article 11 (1) 1 the words "the merits of" shall be replaced by
"If".
3. In paragraph 12 of the present text shall become paragraph 1 and the following
paragraph 2, which, including footnote # 6a:
"(2) for the recognition of professional qualifications acquired in another Member State
The European Union for the performance of the activities referred to in paragraph 1 (b). a) and b)
the authority shall proceed according to the law on the recognition of professional qualifications ^ 6a).
Decisions of the Office concerning the recognition of professional qualifications is proof
competence under this Act.
6a) Law No 18/2004 Coll., on the recognition of professional qualifications and other
eligibility of nationals of the Member States of the European Union and the
some nationals of other States and on amendments to certain acts (the Act on
recognition of professional qualifications), as amended. ".
4. In § 13 para. 1, letter a) is added:
"and for a natural person) the name or names, first and last name, social security number,
If it was allocated, the address of the place of residence or domicile, or
first and last name, social security number, if it has been allocated, the address of the place of the Permanent
of stay or residence responsible representative, if appointed; for legal
the persons name and legal form, registered office or the address of the location of the organizational
folder on the territory of the Czech Republic, if it was established, the identification number,
If it was allocated, the name and address of the place of residence or
residence of the person or persons who are its statutory authority (hereinafter
"identification"), the registration number, if it has already been by the Office
granted, ".
5. in section 18 para. 1 (b). n), the words "whose merits related"
replaced by the words "committed in the context of".
6. in article 18, the following paragraph 7 is added:
"(7) the recognition of professional qualifications to perform the activities, for which the
This law requires specific competence, it shall proceed according to the
the law on the recognition of professional qualifications ^ 6a). Decisions of the Office concerning the recognition of
professional qualifications is a proof of professional competence referred to in
This Act. ".
7. in section 20 (2). 3, the word "permanent" is deleted.
PART TWENTY-TWO
Amendment of the law on mining activities, explosives and the State Mining Administration
Article. XXXV
Act No. 61/1988 Coll. on mining activities, explosives and the State
Mining Administration, as amended by Act No. 425/1990 Coll., Act No. 542/1991 Coll.,
Act No. 171/1993 Coll., Act No. 128/1999 Coll., Act No. 71/2000 Coll.
Act No. 124/2000 Coll., Act No. 313/2001 Coll., Act No. 206/2002 Coll.
Act No. 320/2002 Coll., Act No. 228/2003 Coll., Act No 227/2003 Coll.
Act No. 3/2005 Coll., Act No. 386/2005 Coll., Act No. 186/2006 Coll.
Act No. 309/2006 Coll., Act No. 342/2006 Coll., Act No. 296/2007 Coll.
Act No. 376/2007 Coll. and Act No. 124/2008 Coll., is amended as follows:
1. § 5a including footnotes # 4a, 4b and 4 c is added:
"§ 5a
(1) If this Act or the regulations issued by the top law to their
^ design 4a) requirements for qualifications, competence or other
requirements for the performance of the activities referred to in this Act shall be deemed or
These requirements have been met if the natural person shall submit to the
evidence of professional qualifications, or other documents issued by the competent
authority of the Member State of the European Union or another Contracting State
The agreement on the European economic area (hereinafter referred to as "the Member State
The European Union ") or the Swiss Confederation, in accordance with the law on
recognition of professional qualifications ^ 4b).
(2) the Czech mining Office issued to the citizens of the United States or citizens
another Member State of the European Union, who held a mining
the activity or activities carried out by using mining techniques in the Czech Republic,
certificate of professional competence and the performance of the activities concerned. Certificate
of professional qualifications and the performance of the activities concerned shall be issued in the Czech
c at the request of the natural person accompanied by data on the length and
the focus of this activity.
(3) the Organization cannot refuse to verify the competence of physical
the person that intends to employ, if that person has acquired the professional
eligibility in the Member State of the European Union or in the Swiss
Confederation. If the competence of the individuals acquired outside the
Member States of the European Union, the organization is entitled to require the
a natural person to provide proof of the validity of the recognition or equivalence
foreign education in the Czech Republic ^ 4 c). The right to the physical
the person to contact with applications for recognition of professional competence on the
authority of the State Mining Authority under other legislation not ^ 4b)
without prejudice to the.
4A) such as Decree No 298/2005 Coll. on technical requirements
qualifications and competence when mining activity or activities
by using mining techniques and on amendments to certain laws, as
amended by Decree No. 240/2006 Sb.
4B) Law No 18/2004 Coll., on the recognition of professional qualifications and other
eligibility of nationals of the Member States of the European Union and the
some nationals of other States and on amendments to certain acts (the Act on
recognition of professional qualifications), as amended.
4 c) section 108 of the Act No. 561/2004 Coll. on pre-school, primary, secondary,
higher vocational and other education (the Education Act), as amended
regulations.
sections 89 and 90 of Act No. 111/1998 Coll., on universities and amending and
supplement other laws (law on higher education), as amended
regulations. ".
2. in section 8a, the following paragraph 10 is added:
"(10) before the start of the temporary or occasional exercise of the activity,
which consists of testing, review, repair, mounting, or operating
dedicated technical equipment in the Czech Republic is a natural person,
that is in another Member State of the European Union or Swiss
the Confederation shall be entitled to for the performance of similar activities, validates the Czech mining
Office of professional qualifications according to the law on the recognition of professional
qualification ^ 4b). ".
3. In paragraph 36, the following paragraph 8 is added:
"(8) before the start of the temporary or occasional exercise of functions
střelmistra, technical manager, Fireworks launchers or blasting,
pyrotechnics in the Czech Republic is a natural person, which is in a different
Member State of the European Union or the Swiss Confederation authorized to
the performance of similar activities, validates the Czech mining Office Professional qualifications
According to the law on the recognition of professional qualifications ^ 4b). ".
PART TWENTY-THREE
Amendment of the Act on weapons
Article. XXXVI
Act No 119/2002 Coll., on firearms and ammunition and on the amendment of the law
No 156/2000, on the validation of firearms, ammunition and
pyrotechnical items and on the amendment of Act No 288/1995 Coll., on fire
weapons and ammunition (the Firearms Act), as amended by Act No.
13/1998 Coll. and Act No 368/1992 Coll., on administrative fees, as amended by
amended, and Act No. 455/1991 Coll., on trades
business (Trade Act), as amended, (the Act on
weapons), as amended by Act No. 320/2002 Coll., Act No 227/2003 Coll.
Act No. 228/2003 Coll., Act No. 537/2004 Coll., Act No. 361/2005 Coll.
Act No 444/2005 Coll., Act No. 309/2006 Coll., Act No. 170/2007 Sb.
and Act No. 124/2008 Coll., is amended as follows:
1. In section 10, paragraph 1. 3, after the word "Union", the words "another Contracting
State to the agreement on the European economic area or the Swiss
Confederation (hereinafter referred to as "Member State"). "
2. In article 12 paragraph 2. 4, § 17 para. 4, § 18 para. 3, § 46 para. 5, § 49 para.
1 and 2, § 50 para. 9, § 51 para. 7 and 8 and § 73 para. 4 (b). ) to c)
the words "European Union" shall be deleted.
3. In section 21a, the following paragraph 9, including footnotes.
11A is inserted:
"(9) before the start of the temporary or occasional exercise of the activity,
that lies in the display of the survey, in the Czech Republic the physical
a person who is authorized in another Member State to exercise a similar
activities, the Ministry may require verification of professional qualifications according to the
the law on the recognition of professional qualifications ^ 11a).
11A) Law No 18/2004 Coll., on the recognition of professional qualifications and other
eligibility of nationals of the Member States of the European Union and the
some nationals of other States and on amendments to certain acts (the Act on
recognition of professional qualifications), as amended. ".
4. In article 30, the following paragraph 12, which reads as follows:
(12) before the start of the temporary or occasional exercise of the activity
examiner in the Czech Republic is a natural person, which is in a different
the Member State entitled to the performance of similar activities, the Ministry of
require verification of professional qualifications by a special Act ^ 11a). ".
5. § 46 para. 7, the words "State of the Union" shall be replaced by
the "State".
6. In article 81 paragraph 1. 5, the words "the Member State of the European Union or
Member State of the North Atlantic Treaty Organization "shall be replaced by
"a Member State or of a State which is a member of the Organization
The North Atlantic Treaty ".
PART OF THE TWENTY-FOURTH
Amendment of the Act on authentication
Article. XXXVII
Act No. 21/2006 Coll., on verification of conformity transcript or a copy with the Charter and the
verifying the authenticity of the signature and on amendments to certain acts (the Act on
authentication), as amended by Act No. 165/2006, is amended as follows:
1. in paragraph 6 of the text at the end of paragraph 3, the words ", if it is not further
unless otherwise provided ".
2. In paragraph 9 (b) at the end of the text), the words "; This does not apply,
If the copy of the Charter was taken by the authenticating person to copy
devices, at the expense of the applicant ".
3. In section 10, the following paragraph 6 is added:
"(6) the participation of two witnesses to the legalization not required if it is to the one who
cannot read or write, the ability to become familiar with the content of the instrument with the help of
devices or special AIDS or through another person,
He chooses and is able to sign the Charter roll. ".
PART OF THE TWENTY-FIFTH
cancelled
Article. XXXVIII
cancelled
PART TWENTY-SIX
The EFFECTIVENESS of the
Article. XXXIX
This Act shall take effect on the first day of the calendar month
following the date of its publication.
Vaidya in the r.
Klaus r.
Topolanek in r.
