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.
