Change On Recognition Of Professional Qualifications Of Physicians And Others From Change.

Original Language Title: změna z. o uznávání odborné kvalifikace lékařů a změna dalších z.

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.
346/2011 Sb.



LAW



of 26 March. October 2011,



amending 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, and Act No. 96/2004 Coll., on conditions for the acquisition and

recognition of the competence for the exercise of paramedical professions and to

the performance of activities related to the provision of health care and amending

certain related laws (the law on the paramedical

occupations), as amended



Parliament has passed the following Act of the United States:



PART THE FIRST



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. (I)



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., Act No. 124/2008 Coll., Act No. 189/2008 Coll. and act

No. 227/2009 Coll., is amended as follows:



1. In paragraph 2 (a). e) and (f)), the words "; These activities are determined by the Government

Regulation ' shall be deleted.



2. § 5 paragraph 8 reads as follows:



"(8) to the specialized training of a doctor counted the professional experience,

where appropriate, in part, completed



and in another field of specialization), if it matches the content and scope of

the competent education programme; netting of professional experience decides

responsible for the Organization; an appeal against this decision is decided by the

the Ministry, or



(b)) in a foreign country, if it matches its contents and scope of the competent

the education programme; request for set-off and officially certified document in

the Czech language of the completed professional practice abroad given by a doctor

the Ministry, which set-off decision. ".



3. in § 14 para. 2 (a). I) after the word "number" shall be replaced

"training".



4. in article 15, paragraph 2. 1, the words "to the examination of an application under section 14, to assess the

the proposal for the withdrawal of accreditation and vocational assessment of the application for a grant

on the residential location (section 21a) ' are deleted.



5. in article 15, paragraph 2. 2, the words "and the Czech social security administration"

replaced by the words ", the Czech social security administration and interest

Association of health care providers. "



6. section 4 reads as follows:



"section 16 of the



(1) the Accreditation Commission for the applicable scope of specialized education

or for the appropriate focus of additional professional experience, or

the scope of the certified course



a) assesses the



1. an application under section 14,



2. proposals for withdrawal of accreditation and



(b)) prepares documents



1. for educational programs of individual specialties



2. for the determination of the activities of doctors, dentists and pharmacists in

the implementing regulation referred to in section 4, paragraph 4. 2, according to § 5 para. 2 and § 11

paragraph. 2 and



(c)) provides for the content of the Board exams and final exams of the certified

of course, to the extent of the educational programme of the relevant specialty;

the Accreditation Commission may request proposals from organizations responsible for issues

for Board certification exam or final exam-certified course.



(2) the Ministry shall transmit to the supporting documents of the Accreditation Commission referred to in paragraph 1

(a). b) within the time specified by the Ministry of.



(3) the Accreditation Commission when their activities governed by its Statute and

the rules of procedure, issued by the Ministry. ".



7. in section 18 para. 2 the words "the holder of an accreditation is required to" be replaced by

the words "Accredited facility is obliged to" and the words "or if the holder dies

accreditation, without having fulfilled "are replaced by the words" accredited facilities,

without having met ".



8. in article 18, the following paragraph 3 is added:



"(3) Accredited facility is further obliged, at the request of the participant

education, which passes over the course of specialized training to the

another accredited facilities, pass copies of the documentation kept on this

a participant in that other accredited equipment. ".



9. in section 19 para. 2, the first sentence of the following sentence "the Ministry, or

responsible for the Organization, providing advisory and consulting activities

related to the inclusion of the specialized education and with his

course. ".



10. in article 21, paragraph 1, the following paragraph 2 is added:



"(2) the Ministry responsible for the Organization, as appropriate,



and preparation and progress) provides board certification test and



(b) the elaboration of opinions) provides atestačních works. ".



Paragraphs 2 and 3 shall become paragraphs 3 and 4.



11. § 21a including title:



"The financing of specialized education



§ 21a



(1) the Ministry co-finances the specialized training of health

workers in the form of subsidies for residential places. Subsidies for residential

the site is provided from the State budget through the budget

Chapter of the Ministry. On the provision of subsidies is not a legal right.

The Ministry shall publish a notice in the Gazette of the Ministry, and in a manner allowing

remote access to 31. Grant Management Methodology for December

the following calendar year.



(2) 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.



(3) the amount of subsidies on residential location for the following calendar year

the Ministry shall establish and publish in a way allowing remote access

not later than 31 December 2006. December.



(4) grants for residential space is provided for partial reimbursement of the costs

related to the specialized training of the resident, including resources on

wages or salaries, and it



and the specialisation in education), basic strain for scopes

specialized medical training, unless the subsidies on residential location

provided under subparagraph (b)), for a maximum period of 24 months, or



(b)) of the entire training in selected fields of specialized

medical training; These selected areas and the number of these residential places

in selected fields of study provides for the following calendar year

Ministry to 31. December, after consultation with the Czech Medical Chamber and

professional companies with regard to the lack of physicians with appropriate

specialized qualifications on the labour market.



(5) the duration of specialized training in accordance with paragraph 4 (b). (b))

corresponds to the length of the specialized training provided for educational

by the applicable scope in the Gazette published by the Ministry.



(6) the subsidy for residential space is an accredited facility provides for

full calendar month, when compliance with the conditions for the granting thereof.

Subsidy to residential location cannot be granted retroactively for the calendar

the month preceding submission of the application.



(7) for a grant to a residential location in accordance with paragraph 4 (b). and) can

accredited facilities ask if a participant of specialized

training begins this accredited training

the device at the same time has an accredited facility with the participant

specialized training of an employment contract in the range of

at least half of the stipulated weekly working time ^ 2b) and at least

the length of the period of specialized training provided for the educational program in the

the relevant field.



(8) The request for the granting of subsidies on residential location referred to in paragraph 4

(a). and) submitted after 31 December 2002. October will be granted subsidies for residential location

First, from 1. January 1 of the following calendar year. '.



12. under section 21a, the following new paragraph to that 21aa 21ad including title and

footnote # 24 and 25:



' 21aa. §



(1) an application for the granting of subsidies on residential location serves an accredited

equipment Ministry, responsible for the Organization, if applicable, on the prescribed

the form that the Ministry shall publish a notice in the Gazette of the Ministry and

manner allowing remote access.



(2) an application for the granting of subsidies on residential location



and) under section 21a, para. 4 (b). and) contains



1. name, address and identification number of the accredited facility,



2. the name or names and surname, date and place of birth, contact

the address and the nationality of the participant of specialized education,



3. scope of specialized education, in which a participant is

specialized training included,



4. the date of the inclusion of the participant into the scope of specialized education,



5. a copy of the employment contract concluded with the participant of specialized

education,



6. start date, or the date of the expected termination,

specialized training participant of specialized training in

an accredited facility,



7. number of participants of specialized education in an accredited

equipment in individual areas of learners, and



8. the maximum number of training places for which the device has granted

accreditation, or



(b)) under section 21a, para. 4 (b). (b)) contains



1. name, address and identification number of the accredited facility,



2. scope of specialized education,




3. the number of participants of specialized education in an accredited

equipment in individual areas of learners, and



4. the maximum number of training places for which the device has granted

accreditation.



(3) the maximum number of residential places in the application for a subsidy to residential

space must not exceed the number of training posts authorised in the decision

accreditation for the applicable scope of specialized education.



§ 21ab



(1) the Ministry shall decide on the granting of subsidies on residential location according to the

§ 21a, para. 4 (b). a) within 60 days from the date of receipt of the request. If

the employment contract between the accredited facilities, which calls for the provision of

subsidies for residential location according to section 21a, para. 4 (b). and), and a participant in the

specialized education closed in the range of less than provided for in

weekly working time, the Ministry will provide a subsidy to a residential location

in a relatively reduced amount for a period quite longer.



(2) applications for the grant of subsidies on residential location according to § 21a

paragraph. 4 (b). (b)) submitted by accredited facilities to 15. March

the Ministry will decide by 30. June; the decision to grant

subsidies for residential location according to section 21a, para. 4 (b). (b)), the Ministry of

be made public.



(3) in any proceedings on an application for the granting of subsidies on residential location according to §

21A, para. 4 (b). (b) where appropriate, the Ministry, in charge of the) Organization,

examine the formalities of the application pursuant to § 21aa para. 2

(a). (b)), and if the application for the granting of subsidies on residential location according to the

§ 21a, para. 4 (b). (b)) meets the formal requirements under § 21aa para.

2 (a). (b)), submit it to the expert assessment of the Accreditation Commission for

applicable scope of specialized education.



(4) the Commission shall examine the application for Accreditation the granting of subsidies for residential

place under section 21a, para. 4 (b). (b)), in particular in terms of quality assurance

during 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.



(5) the Commission shall submit a draft of the accreditation reviews requests for

subsidies for residential location according to section 21a, para. 4 (b). (b)), including the proposal

the order of the requests to the Ministry, and at the latest within 30 days of receipt of the

of the applications. On the allocation of subsidies on residential location according to § 21a, para. 4

(a). (b)) shall be decided by the Ministry. Is received by the Ministry within a specified

period of the Accreditation Commission, decides without this proposal.



(6) in addition to the particulars provided for in the budgetary rules contains

the decision to grant the subsidy to a residential location



and) under section 21a, para. 4 (b). and)



1. name, address and identification number of the accredited facility,



2. the Bank of an accredited facility,



3. the name or first and last name and date of birth of the resident, the

whose specialized training is accredited establishments

subsidies to residential space,



4. the name of the specialized field in which it is resident on the

specialized training is accredited facilities granted subsidies

on the residential location, classified,



5. the purpose for which the subsidy is granted,



6. the number of months to which the subsidies it provides,



7. the amount of the subsidy and



8. terms of pumping subsidies on residential location, or



(b)) under section 21a, para. 4 (b). (b))



1. name, address and identification number of the accredited facility,



2. the Bank of an accredited facility,



3. the purpose for which the subsidy is granted,



4. the number of months to which the subsidies it provides,



5. the number of residential places, indicating the scope of specialized education,

which provides grants,



6. the amount of the subsidy and



7. conditions for contributions to a residential location.



(7) If the Ministry fails to provide the subsidy, shall issue a reasoned decision on the

the rejection of the application for the granting of subsidies on residential location.



§ 21ac



(1) the Ministry of



and the provision of subsidies to) a residential location for the duration of the interruption

specialized training of the resident; the total duration of interruption

more than 5 years, or



(b) the provision of subsidies) stops a residential location, if



1. resident training is terminated in the field, for which it is

subsidies for residential space is provided,



2. is terminated the employment of a resident in an accredited facility,

which is provided by subsidies on residential location, or



3. accredited facilities violates the obligations under section 21d.



(2) If a resident during a calendar year shall conclude a contract of employment for the

the purpose of specialized training, which provides subsidies for

residential location according to § 21a, para. 4 (b). and), with another accredited

device, this other accredited equipment request

subsidies for residential location according to section 21a, para. 4 (b). the provisions of §).

21A-21ab shall apply mutatis mutandis.



(3) If a resident, on which the accredited facility draws on the subsidy

residential location according to § 21a, para. 4 (b). (b)), terminates the employment to

This accredited facility agreement or notice, the Ministry in

cooperation with the Accreditation Commission for the applicable scope of specialized

education shall decide on the allocation of new residential space in accordance with § 21a

paragraph. 4 (b). (b)) for this resident in another accredited facilities.

The provisions of § 21a-21ab shall apply mutatis mutandis.



(4) If an accredited facility with residential space ceases to exist without

the acquiring legal entity, or if the extinction, withdrawal or

the expiry of the accreditation of such equipment, the Ministry of the

cooperation with the Accreditation Commission for the applicable scope of specialized

education shall decide on the allocation of the new residential places for this

resident in another accredited facilities. The provisions of § 21a-21ab are

shall apply mutatis mutandis.



§ 21ad



A resident of the



Participant of specialized education



and) may be resident



1. If it is included in the scope of specialized education,



2. If a citizen of the United States or of another Member State

or a national of a Member State other than that

a family member of a citizen of a Member State ^ 24) or he was granted

the legal status of long-term resident status in the European Union ^ 25),

and



3. in the course of specialized education in only one selected

the basic scope of specialized training to the tribe or to which it is

granted subsidies to residential location according to section 21a, para. 4 (b). and) or

(b)),



(b)) cannot be a resident of the



1. the residential location that is granted a subsidy pursuant to section 21a

paragraph. 4 (b). and has obtained a certificate), if the basic

strain field of specialized education, or



2. the residential location that is granted a subsidy pursuant to section 21a

paragraph. 4 (b). (b)), where he received specialized competence.



24) Article. 24 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

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.



25) Article. 11 and 21 of Council Directive 2003/109/EC of 25 March 2002. November 2003 on the

the legal status of third-country nationals who are

long-term residents. ".



13. in section 21b para. 1 and 3, after the word "place" the words ", at the

that subsidy is granted under section 21a, para. 4 (b). (b)) ".



14. in section 21b para. 2 the first sentence after the word "place" the words "or

If it is not selected. "



15. in section 21b, paragraph 4 shall be deleted.



16. section 21 c, including the title.



17. § 21d, including the title reads as follows:



"§ 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 to the Ministry or official) organization changes to the information referred to in

the application for subsidy to residential location affecting pumping subsidies,

basic of the tribe, and the termination of a resident

their specialized training resident within 15 calendar

days from the date on which the above have occurred,



(c) to report to the Ministry or official) Organization start date and

their interruption of the specialized training of the resident no later than

10 calendar days from the date on which the above have occurred,



(d)) to return the Ministry or organization responsible for the undrawn portion of the

subsidy on termination of service of a resident or

their specialized training resident within 30 days from the date of

those facts have occurred,



(e) to submit to the Ministry or official) of the Organization of the interim report and

final report on the spending subsidies for residential location and



(f)) to submit to an assessment of compliance with the conditions of contributions to

residential location and expedience of using incurred financial

funds from grants by the Ministry and, on request,

documents related to the specialized training of resident and

his education to control security. ".




18. in paragraph § AWACS 1 the words "accredited equipment" shall be replaced by

"the Ministry, or in charge of the Organization".



19. in paragraph 3 of section AWACS:



"(3) the Ministry responsible for the organisation, if applicable, of the applicant to the

certified course within 30 days from the date of receipt of the request. If they can demonstrate

applicant eligibility documents referred to in paragraph 2, the Ministry of

within the time limit under the first sentence of the non-inclusion of the applicant in rozhode

certified course. ".



20. in section 4 of the AWACS, the following paragraph is added:



"(4) the Ministry responsible for the Organization, as appropriate, be indicated in the register

pursuant to section 19 para. 4 information on the classification of the applicant to the certified course and

information about how to obtain special professional competence by the applicant. The Ministry,

where appropriate, the designated organization, provides advisory and consultancy

with the inclusion of activities related to the training in a certified course and

with his progress. "



21. in section 21 h after paragraph 1 the following paragraph 2 is added:



"(2) the Ministry responsible for the Organization, as appropriate,



and preparation and progress) ensures the final exams of the certified course

and



(b) drafting reports) ensures that the final work. ".



Paragraphs 2 and 3 shall become paragraphs 3 and 4.



22. in section 21 h of paragraph 1. 3 the words "Board exams" shall be replaced by

"the final exams of the certified course".



23. in § 36a para. 3, the letter "f") the following new paragraph (g)), which read as follows:



"g) in violation of § 18 para. 3 does not pass another accredited facilities

copies of all documentation held by the participant of specialized

education, ".



Subparagraph (g))) to (i) shall become letters (h)) to (j)).



24. In § 36a para. 3 (b). (I) the words ") does not report the passing of

the base of the tribe, termination of employment or termination of a resident

specialized training of resident ".



25. In § 36a at the end of paragraph 3, the dot is replaced by a comma and the following

letters to) and l) are added:



"the) contrary to section 21d (a). (e) fails to submit to the Ministry or official)

the Organization of the interim report and a final report about the expedience of expending

subsidies for training the resident,



l) contrary to section 21d (a). (f)), shall ensure compliance with the terms and conditions

contributions and the use of subsidies incurred expedience. ".



26. in § 36a para. 4 (b). and) the words "h) and (i))" shall be replaced by "i) to

l) ".



27. in § 36a para. 4 (b). (b)), the words "to g)" shall be replaced by "to (h))".



Article. (II)



Transitional provisions



1. the rights and obligations of residents and accredited facility with residential

the place, which has received a subsidy pursuant to section 21a-21d of Act No. 95/2004 Coll.

in the version in force until the date of entry into force of this Act, from the date of

entry into force of this law, governed by Act No. 95/2004 Coll., as amended by

effective until the date of entry into force of this Act, except section 21a, para.

11 and § 21 c; the total duration of the interruption of the provision of subsidies is governed by §

21ac para. 1 (b). and) Act No. 95/2004 Coll., in the version in force from the date of

entry into force of this Act.



2. A resident is not required to the date of entry into force of this Act

the profession on the territory of the United States, although committed

in the contract (stabilisation agreement), concluded under section 21b para. 4 of the law

No 95/2004 Coll., in the version in force until the date of entry into force of this Act.



3. The amount of the subsidy for residential location provided in 2011, scopes

specialized medical training, in which subsidies will be provided to

on the residential location throughout the specialisation of the doctor training, the number of

residential places in these fields of specialized education and

Grant management methodology for the year 2011 shall establish and publish the Ministry of

health care (hereinafter the Ministry) within 2 months from the date of acquisition

the effectiveness of this Act.



4. Doctors who have obtained a diploma of the Institute of postgraduate medical education

health care in these fields of the field of emergency medicine 2. April

2004, the effective date of this Act, a specialized

competence in the field of emergency medicine. The Ministry, acting on a

a written request from the doctor's certificate of specialized competence in the field of

emergency medicine. The Ministry shall issue the certificate within 30 days of the date of

request.



5. Doctors who have acquired under the former legislation

specialization 1. degree in basic disciplines of specialized education

and on the date of entry into force of this Act at least 5 of the last 7 years

they have worked under the professional supervision of a doctor in the field of health profession

radiological medicine in at least half of the rated operating range

time ^ 2 b), the effective date of this Act, special professional

competence in the field of radiological medicine. The Ministry, acting on a

a written request from a doctor certificate obtained special professional

competence in the field of radiological medicine within 30 days from the date of submission of the

request.



6. Doctors who have acquired under the former legislation

specialization 1. degree in basic disciplines of specialized education

and who to 17. April 2004 gained the certificate of the Czech Medical Chamber to

the performance of private medical practice in a specialized field and the date of

the effective date of this Act for at least 12 of the last 15 years

engaged in health profession in that other specialized physician

scope in the range of at least half of the rated operating time ^ 2b),

the effective date of this Act, a specialized capacity in this

another specialized field. The Ministry will issue a written

request a physician decisions granting specialized competence in

the sector concerned within 90 days from the date of submission of the application. In the case of the field

diabetology and endocrinology, the fulfilment of the conditions and the granting

specialized qualifications be assessed separately in the field

diabetology and endocrinology section separately.



7. Dental doctor who 1. July 2004, obtained the specialization II.

degree in basic dentistry according to previous

legislation and the effective date of this Act shall exercise the profession of dental

a doctor at the workplace of the clinic of the University Hospital in the Czech Republic,

earn a specialized capacity in the field of clinical dentistry.

The Ministry shall, on the written request of a dentist's certificate of

specialized qualifications obtained in the field of clinical dentistry, within 30

days from the date of submission of the application.



PART TWO



To change the law on the paramedical professions



Article. (III)



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., Act No.

124/2008 Coll., Act No. 189/2008 Coll., Act No. 227/2009 Coll. and act

No 105/2006, is amended as follows:



1. In paragraph 2 (a). m), after the words "in a medical facility"

the words "or in the regional hygiene station".



2. In section 60a paragraph 1. 6, after the word "device", the words "or regional

hygiene station ".



3. In section 60a paragraph 1. 12, the words "three years" is replaced by "5 years".



4. In section 60b of paragraph 1. 1 and 2, after the words "devices with a residential place"

the words "or the regional hygiene station with residential place".



5. In section 60b of paragraph 1. 1 the words "this device" shall be replaced by

"medical devices with a residential place or county sanitary

a station with a residential place ".



6. In section 60b of paragraph 1. 2 the words "the preceding paragraph" are replaced by the words

"paragraph 1".



7. in section 60b of paragraph 1. 3, after the words "medical facility with residential

the place of ", the words" and the regional hygiene station with residential

place ".



8. In section 60b paragraph 4 is added:



"(4) the selected candidate becomes a resident of the moment when the



and is included in the scope) of specialized training in the relevant area,



(b) specialized training) will launch on an approved residential location in the

a medical facility with residential space,



(c)) has an employment contract in the range of at least half of the laid down

the weekly working time ^ 2b), and at least for the length of the specialized

education provided for the educational program in a relevant field and



(d)) has been selected by medical institutions with residential place according

of paragraph 3. '.



9. in section 60b, the following paragraph 5 is added:



"(5) the selected candidate ceases to be a resident at the moment of completion of the

specialized training or Board certification test checkpoint

at the moment of completion of specialized training in a medical facility

with residential space. ".



10. section 60 c, including the title.



11. in the title of § 60 d shall be added the words "and the regional hygiene station with

residential place ".



12. in the introductory part of the provisions of § 60 d, the words "shall" be replaced by

the words "and the regional hygiene station with residential space are

required. ".



Article. (IV)



Transitional provisions



1. the rights and obligations of residents and accredited facility with residential


the place, which has received a subsidy pursuant to section 60a to 60 d law No 96/2004 Coll.

in the version in force until the date of entry into force of this Act, from the date of

entry into force of this law, governed by Act No. 96/2004 Coll., as amended by

effective until the date of entry into force of this Act, except section 60a paragraph 1.

12 and section 60 c; the total duration of the interruption of the provision of subsidies is governed by §

60A paragraph 1. 12 of law No 96/2004 Coll., in the version in force from the date of acquisition

the effectiveness of this Act.



2. A resident is not required to the date of entry into force of this Act

the profession on the territory of the United States, although committed

in the contract (stabilisation agreement), concluded under section 60b of paragraph 1. 4 of the law

No 96/2004 Coll., in the version in force until the date of entry into force of this Act.



PART THREE



The EFFECTIVENESS of the



Article. In



This Act shall take effect on the date of its publication.



Němcová in r.



Klaus r.



Nečas in r.

Related Laws