Ordinance To The Law On Approval Of Health Professionals And Health Professional Activity

Original Language Title: Bekendtgørelse af lov om autorisation af sundhedspersoner og om sundhedsfaglig virksomhed

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Read the untranslated law here: https://www.retsinformation.dk/Forms/R0710.aspx?id=121913

Overview (table of contents) Chapter 1 purpose of authorization schemes

Chapter 2 the granting of authorisation

Chapter 3 the exclusion, disenfranchisement and recovery of the authorization as well as the company's limitation and termination thereof

Chapter 4 training

Chapter 5 Duties, etc.

Chapter 6 health records

Chapter 7 Supervision

Chapter 8 Doctors

Chapter 9 Especially of doctors the right to prescribe addictive drugs

Chapter 10 doctors ' duties and relations with the public

Chapter 11 dentists

Chapter 12 Chiropractors

Chapter 13 nurses

Chapter 14 Midwives

Chapter 15 occupational therapists

Chapter 16 Physiotherapists

Chapter 17 laboratory staff

Chapter 18 Clinical Dietitians

Chapter 19 Radio graphs

Chapter 20 's

Chapter 21 Clinical dental technicians

Chapter 22 dental hygienists

Chapter 23 Opticians and contact lens opticians

Chapter 24 Podiatrists

Chapter 24 (a) Social and healthcare assistants

Chapter 25 Chapter 26 Chapter 27 Chapter 28 The full text of the Ordinance to the law on approval of health professionals and health professional activity

Hereby promulgated Act No. 451 of 22. May 2006 on approval of health professionals and health professional activity with the changes brought about by Act No. 537 by 17. June 2008 and section 2 of Act No. 538 of 17. June 2008.

Title I

Common provisions for the approval of health-care professionals

Chapter 1

The purpose of the authorization schemes

§ 1. The Act's purpose is to enhance patient safety and promote the quality of health care services through the approval of certain groups of health professionals, where other people's business in the relevant sphere of activities may be associated with particular risk for patients.

(2). Authorisation in accordance with this law gives the holder the right to use a particular title, see. section II.

(3). For doctors, dentists, chiropractors, midwives, clinical dental technicians, opticians and contact lens opticians and dental hygienists shall be reserved for the authorized also the right to exercise a particular health professional activity, see. section II.

Chapter 2

The granting of authorisation

§ 2. Authorization granted by the National Board of health to persons who have completed a specified training, see. section II. The health protection agency leads the records of the various groups of authorized health professionals.

(2). The Minister for health and prevention may lay down rules on the grant of authorisation, including the periodic renewal of the authorization.

(3). Authorisation may not be communicated to anyone who meets the conditions for the withdrawal of the authorization referred to in article 6. sections 6 and 7.

(4). The National Board of health may lay down rules on the publication of the announced authorizations.

§ 3. The Minister for health and prevention may lay down rules on the exercise of the business of an authorized health care professional, as are necessary for the implementation of the agreement on the common Nordic labour market and directives adopted by The European Union.

(2). The National Board of health shall notify the authorization to persons who have undergone training abroad, which can be equated with the corresponding Danish training. In the authorisation can be fixed constraints in his pursuit of the company. Approval may be limited in time.

§ 4. The Minister of health shall determine the fees for the Board of Health's notice of approval in accordance with this law, as well as fees for permission to independently act as, respectively, doctor, dentist or chiropractor and permission to designate itself as a specialist or orthodontist based on training conducted in Denmark or abroad.

Chapter 3

The exclusion, disenfranchisement and recovery of the authorization as well as the company's limitation and termination thereof

Disclaimer and re-acquisition of authorization, etc.

§ 5. An authorized health care professional can face of Health Agency exclusion approval for a set period of time or until further notice. The authorisation will be recovered when a TimePeriod for disclaimer has expired, and may, in fact, also within a set time limit restored after application to the health protection agency, if the circumstances that justified the exclusion, no longer found to be present.

(2). A licensed healthcare practitioner can announce to the Danish National Board of health that he will confine its sphere of activity for a period of time or until further notice. Business the contraction ends when the period of limitation has expired. Business reduction can, moreover, within a set time limit is repealed in whole or in part upon application to the Board of health, if the circumstances that justified the restriction is no longer present.

(3). The National Board of Health's decision on recovery and repealing corporate limitation can be appealed to the Minister for health and prevention. The Minister shall refuse the complaint, the complainant can ask for the decision brought before the courts, if that is the course at least 1 year after the person concerned has waived the authorization or limited its sphere of activities, or after recovery or cancellation of business restriction within the Minister's decision is denied by DOM. shall include the right to apply for judicial review and whether the deadline for doing so.

(4). Application for judicial review in accordance with paragraph 3 shall be made over to the Minister for health and prevention within 3 weeks after the Minister's decision is announced. The Secretary of State brings an action against the person concerned in the civil procedure forms.

Withdrawal of authorization, etc. due to physical condition or deficient soul mode

§ 6. An authorized health care professional may be deprived of the authorization, if the practitioner is likely to be a danger to other people because of





1) a physical condition that makes the person concerned unfit for the exercise of the duties, or

2) illness or abuse of intoxicants etc., which causes the practitioner permanently or periodically find themselves in a deficient soul condition.





(2). The National Board of health may, when there are reasonable grounds to suspect circumstances as described in paragraph 1, no. 1 and 2, to order a licensed healthcare practitioner to undergo tests and be involved in control measures, as well as to disclose relevant health information to the elucidation of mentioned circumstances.

(3). The National Board of health may order an authorized healthcare professional to set up his business in whole or in part until the injunction after paragraph 2 concerning investigations, control measures or disclosure of relevant health information is complied with.

(4). Health Agency's decisions in accordance with paragraphs 2 and 3 may be referred to the Minister for health and prevention. The referral does not have suspensive effect, unless otherwise requested by the Minister for health and prevention.

(5). A health professional can be deprived of the authorization if he or she violates the injunction issued pursuant to paragraph 3.

Withdrawal of authorization, etc. due to gross negligence

§ 7. An authorized health care professional may be deprived of the authorization, if the practitioner is likely to be a danger to other people due to serious negligence demonstrated in the exercise of his Office.

(2). If a licensed health care professional has demonstrated serious or repeated criticisms of the professional activity, the health protection agency to order the case to change this. In addition, the person's sphere of activity be restricted partially in the in 1. paragraph mentioned situations.

(3). The Danish Medicines Agency decisions under paragraph 2 1. paragraph, may be brought before the Minister for health and prevention. The referral does not have suspensive effect, unless otherwise requested by the Minister for health and prevention.

(4). A health professional can be deprived of the authorization, if they do not give off the in section 26, paragraph 2, referred to information to implementation of supervision or fails to comply with the injunction in accordance with paragraph 1. PT.

Temporary withdrawal of authorization, and restriction of business area in urgent cases

§ 8. The National Board of health may, in urgent cases, where the continuing entity is deemed to pose imminent danger, temporarily depriving the practitioner of the duties of the latter shall withdraw approval. The National Board of Health's decision must be immediately notified to the Minister for health and prevention, which confirms or revokes Agency's decision.

(2). The National Board of health may, in urgent cases, where there are reasonable grounds to suspect that an authorized health care professional is a threat to patient safety in one or more professional fields, temporarily partially restrict the person's right to the corporate exercise, while the suspicion investigated. The National Board of Health's decision must be immediately notified to the Minister for health and prevention, which confirms or revokes Agency's decision.

(3). A licensed health care professional who operates in practice sector, will not be able to be deprived of its provider number with a background in that he or she has been granted restricted his right to business pursuit in accordance with paragraph 2.

(4). Health Agency can strip a licensed healthcare practitioner authorization if he or she, after having been restricted his right to business pursuit in accordance with paragraph 2 continues to engage in such an activity.


Procedure for revocation of authorization, etc.

§ 9. Health Agency finds that an authorization must be deprived of under section 6 or section 7, or to a licensed health professional business area must be restricted pursuant to section 7, paragraph 2 2. point, the Agency option to the Minister for health and prevention thereof.

(2). The health protection agency must obtain a written statement from the medico-legal Council, before the Agency gives its recommendation to the Minister for health and prevention in accordance with paragraph 1. Before relinquishing the in section 7, paragraph 2, 1. point, National Board of health may obtain injunctive relief referred to a written statement from the medico-legal Council.

(3). The National Board of health shall, prior agency gives its recommendation in accordance with paragraph 1, ask the practitioner of his or her duty to comment in writing or make an oral statement in one sitting, which also retslægerådet participant. The person concerned shall also be invited to within 14 days to declare whether the matter settled by the judgment, or if desired the matter can be decided by the Minister for health and prevention. Given such a declaration does not, the Minister for health and prevention may refer the matter to the courts.

(4). Legal procedure for withdrawal of an authorisation or restriction of the sphere be brought by the Minister for health and prevention in the civil procedure forms. It can in a judgment on the withdrawal of authorisation or restriction of business area determined that appeals do not have suspensory effect.

Procedure for the re-acquisition of authorization, etc.

§ 10. The Minister for health and prevention may, on application, give a person who has been deprived of the authorization for the exercise of a task or limited his sphere of activities in the health sector in accordance with §§ 6-9 or §§ 11-12, permitted to regain approval or lifting of the restriction of business area when the circumstances that justified the denial or limitation of business area, are no longer present.

(2). A refusal by the Minister for health and prevention on recovering authorization or waiver of limitation of business area in accordance with paragraph 1 may not be challenged before the courts 1 year after the final decision on the withdrawal of authorisation or restriction of business area, or the dom is denied by the person concerned to regain approval or lifting of the restriction of business area.

Medical examination

§ 11. The Minister for health and prevention may ask the practitioner of his or her duty to undergo a medical examination for the use of the Minister's position on whether the authorization should be sought deprived the person concerned. If the person refuses to comply with such a request, shall submit to the Minister for health and prevention issue for the courts to decide the issue by order. Such a decision may also be taken, after that brought lawsuit concerning deprivation of authorization.

(2). If the practitioner of the operator fails to comply with an order to undergo a medical examination, deprives the Minister of health and prevention of the relevant authorization, and if there are landscaped trial thereof, lapse trial.

(3). The cost of a medical examination referred to in paragraph 1 shall be borne by the Treasury.

Foreign authorization

§ 12. As a health care professional in Denmark authorization is granted on the basis of authorisation in another country, the National Board of health may deprive him or her approval or make restrictions on business area if the authorisation of that other country will be deprived of the concerned or otherwise loses its validity.

Publication of approval changes, etc.

§ 13. The health protection agency publishes decisions on temporary or definitive withdrawal of the authorisation or reducing the business area after §§ 6-9, 11 or 12 and on the deprivation or limitation of prescription law under section 36 concerning addictive drugs. The health protection agency also publishes decision on waiver of authorization and voluntary business limitation under section 5.

(2). Notice of lapse and recovery of the right to prescribe addictive drugs to be given to the country's pharmacists and civil doctors and can be given to other countries ' health authorities.

(3). If an authorized health care professional in accordance with section 79 of the Criminal Code (1), to exercise his right to a healthcare company, to the public prosecutor's Office to give notice to the Board of health. The health protection agency publishes the Court's decision on the disqualification.

Cancellation of the right to an independent professional activity

§ 14. The right to exercise a self-employed professional activity shall lapse when the authorized health care professional takes up 75 years, see. However, paragraph 3. The right to continue to use the professional designation does not lapse.

(2). For doctors, dentists and chiropractors involves the provision in paragraph 1 1. point, lapse of an authorisation to independent work.

(3). The health protection agency may, on application, may allow a licensed healthcare practitioner can continue his independent professional activity in whole or in part, after that he has filled 75 years.

(4). Refusal of application for permission to continue independent professional activity can be referred to the Minister for health and prevention.

Chapter 4

Training

Basic training of health-care professionals

§ 15. Rules on the training of health-care professionals who may be authorized in accordance with this law, shall be established by the Minister of education or by the Minister for science, technology and development after negotiation with the Minister for health and prevention, unless otherwise provided for by this law.

(2). An educational institution's decisions in accordance with the rules laid down pursuant to paragraph 1 may be appealed to the appropriate minister. The Minister or the Minister of science, technology and development shall lay down detailed rules concerning access to complaint and can including provide that decisions should not be brought before the Minister.

Continuing education of health professionals

§ 16. The Minister for health and prevention can be negotiated with the Minister or the Minister of science, technology and development establishing rules on continuous training of personnel in the health sector, where such rules not already provided for by law. Including can be agreed that continuing education can be carried out in cooperation with the above-mentioned ministries.

(2). From the further education purposes after this provision an education where the students implement a comprehensive long-term training at a higher level than the basic education and with the expansion of the professional competence.

(3). The Minister for health and prevention may lay down rules on:





1) Training institutions Agency, organization and funding.

2) Further training content and objectives.

3) recording, including the number of students in higher education.

4) quality control, including examiner schemes.

5) recruitment of teachers and scientific employees.

6) Complaints from students, including on complaint period, in connection with examinations and tests, and that complaints cannot be brought before a higher administrative authority.

7) title application through the implementation of further training.





Chapter 5

Duties, etc.

Diligence and conscientiousness

§ 17. A licensed health care professional is in the performance of his company committed to care and conscientiousness, including by means of an Assistant that economic prescription of medicines, etc.

Assistant

§ 18. The National Board of health may lay down detailed rules concerning authorized health persons, use of an Assistant.

Information and reporting obligations

§ 19. A licensed health care professional is required to submit the reports and reviews, as for reasons of public health demanded by health authorities, and to meet the information and reporting obligations, which, incidentally, is the responsibility of the person concerned, in accordance with the law.

Declarations

§ 20. A licensed healthcare practitioner must, when drawing up declarations, which he delivers in his capacity as a licensed healthcare practitioner, care and uhildethed.

(2). A licensed health care professional is obliged, at the request of a public authority in the following aim necessary to declare to the public use of the health professional observations, which the person concerned is able to give a statement on one of the case investigated, treated or cared for person who seeks or receives public economic benefits or other public assistance. The same obligation is incumbent on hospitals and similar institutions.

(3). The National Board of health may lay down rules for the submission of statements. Required in legislation prescribed or provided Declaration on a special form, or would a public authority, moreover, to use a special form, the health agency has previously given the opportunity to comment on the content. However, this does not apply to simple sickness and raskmeldings declarations.

Chapter 6 health records

Journaling

§ 21. Doctors, dentists, chiropractors, midwives, dietitians, clinical dental technicians, dental hygienists, opticians and contact lens opticians must maintain patient records relating to their business. The National Board of health shall lay down rules on the subject.


(2). The National Board of health may lay down rules to the effect that other than those referred to in paragraph 1 groups of authorized health persons must maintain patient records, including on the extent of the record keeping obligation etc.

Journal's content

§ 22. Patient records must be kept, when as part of health activities carried out examination and treatment of patients, etc. A record must be kept for each patient.

(2). Patient records must contain the information necessary for a good and safe patient care. The information should be placed on the register as soon as possible after pati entkontakten. It must appear, who has introduced the information in the patient records, and the time for doing so.

(3). The National Board of health shall lay down rules on patient journal's content and other obligations relating to record keeping.

Journal media

§ 23. Patient records can be manually or electronically.

(2). The National Board of health may lay down rules concerning security in connection with access to and use of medical records and can including run requirement that outsiders do not get access or approach to the register.

Correction of records

§ 24. Information in the patient records must not be deleted or made illegible.

(2). The National Board of health shall lay down rules on corrections in patient records.

Storage and transfer of records

§ 25. Patient records must be kept for at least 10 years after the last entry in the register referred to in article 6. However, paragraphs 2 and 3.

(2). Medical records relevant to the complaint, inspection or action for damages must be kept, so long as he or she case is pending.

(3). The National Board of health shall lay down rules on the obligation incumbent on storage, and who can set a shorter retention period for some groups of authorized health persons and for parts of the register.

(4). The National Board of health may also establish rules on transfer and storage of medical records in connection with the fact that some other authorized health care professional takes over the treatment of a patient, or a licensed health care professional ceases or transfers its business. The National Board of health may including lay down rules derogating from the General rules on obtaining patient consent to the disclosure of health information.

Chapter 7

Supervision

section 26. Authorized health persons subject to supervision by the National Board of health pursuant to section 215 of the health law.

(2). Authorized health professionals and potential employers for such is obliged, at the request of the supervisory authority to provide all the information necessary for the implementation of monitoring, including information needed for assessment of the withdrawal of authorisation in accordance with §§ 6-8.

(3). The National Board of health may require the supervision of health-care professionals provide rules on the Exchange with other countries ' health authorities of information related to disciplinary or criminal penalties or other serious facts, which could have an impact on the exercise of the right to health of persons undertaking.

Section II

Special provisions for individual groups of authorized health persons

Chapter 8

Doctors

Authorization

§ 27. Authorization as a physician shall be notified to the who passed the Danish doctor scientific degree or a foreign equivalent degree, which may, in accordance with article 3. sections 2 and 3. Anyone who has passed the Danish medical exam, to be faced with a medical sciences have taken the Hippocratic oath, before approval can be granted.

(2). The right to designate himself as a doctor has only the one who has the approval of a doctor.

(3). The right to practise medicine, see. § 74, has only the one who has the approval of a doctor.

Temporary authorization to practise medicine

section 28. If the population's need for medical assistance during major epidemics and the like. cannot be met, the Minister for health and prevention can inform other than doctors temporary permit to engage in the medical business.

Independent work as a doctor

section 29. Permission to independently act as physician shall be notified by the National Board of health, the doctor who has gone through the rotation training referred to in section 31 or an education that can be equated with it.

(2). A physician who has not obtained the authorisation referred to in paragraph 1 shall, or where this has lapsed, without prejudice. § 14, can work in a subordinate position in the hospital or as a temporary lecturer at or temporary substitute for a general practitioner.

Specialist

section 30. A doctor must not, without the special permission as a specialist. The Minister for health and prevention determines, upon a proposal from the Board of health based on the advice of the section 33 referred to National Council of doctors ' continuing education, within which the branches of medicine doctors can obtain permission to designate itself as a specialist. The authorization granted by the National Board of health.

Rotation training

section 31. The Minister for health and prevention sets out after negotiation with the Minister of science, technology and development procedures for the rotation training provided to authorized doctors so that they can obtain permission to independently act as physician, see. section 29. Doctors in training will be done under recruitment and have a duration of 12-18 months.

(2). If it is necessary in order to provide physicians access to the rotation training referred to in paragraph 1 shall be carried out at the exam, can shortly after the Minister for health and prevention impose regional hospitals and private hospitals, which receive public funding, or on which patients hospitalized for a public Bill, receiving doctors in relation to their needs for medical personnel.

(3). Detailed rules on the cold meat referred to in paragraph 2 shall be fixed by the Minister for health and prevention after negotiation with the regions in association, and so that there are not subject to any hospital, etc. shall be obliged to receive a greater number of doctors than the average of the number of, as in the last 3 years have had similar activities at the hospital, etc., unless conditions change.

(4). In cases where doctors are not within a reasonable period of time after graduation can access the rotation training, Minister for health and Prevention shall be authorised to grant derogations from the pursuant to paragraph 1, the rules laid down.

Continuing education for specialist, etc.

section 32. The Minister for health and prevention sets out rules for doctors ' continuing education in addition to the training referred to in section 31 training with a view to the exercise of specific medical functions, including work in general practice, and for the use of particular designations for doctors who have undergone such training.

The National Council of doctors ' continuing education

section 33. The Minister for health and prevention should establish a National Council for the training of doctors, who advise the authorities in question about doctors ' continuing education.

(2). The Council consists of a President, the Presidents of the 3 regional videreuddannelsesråd of the basic regulation. section 34, and one by the Minister for health and prevention determined number of members.

(3). The Chairman and the members shall be appointed for a 4-year period. Re-appointment may take place.

(4). The Minister for health and Prevention shall be appointed by the President of the Council, upon a proposal from the Board of health. The National Board of health shall appoint the other members, as well as alternates that can act in members ' decay. Alternates shall be appointed for the same period as the members, they shall be alternates.

(5). The Minister of health shall lay down detailed rules concerning the composition of the Council. Health Agency set rules for Council business.

Regional videreuddannelsesråd for doctors

§ 34. The relevant Regional Council reduces the 3 regional videreuddannelsesråd for doctors for respectively





1) capital region and Region Sjælland,

2) and Region Syddanmark

3) Region Midtjylland og Region Nordjylland.





(2). The regional videreuddannelsesråd with the task of advising the regions in matters relating to the medical further training and to take a decision regarding distribution of educational courses within the region, approval of the training departments and organization of training courses, etc.

(3). The regional vocational training Council decisions can be appealed to the Board of health.

(4). The Minister for health and prevention may lay down detailed rules on access to the complaint in accordance with paragraphs 2 and 3 and can including provide that decisions should not be brought before the Minister.

(5). The National Board of health shall lay down detailed rules concerning the composition of the councils and business training.

Chapter 9

Especially of doctors the right to prescribe addictive drugs

section 35. The health protection agency considers it desirable to be controlled with a doctor's prescriptions of addictive drugs, it may instruct the doctor to keep detailed records on these ordinations, including about ordinationernes time, the nature and quantity, the patient's name and address and indication for the ordination, and to submit those records to the official doctor in accordance with detailed rules laid down by the Management Board.

(2). The provisions concerning prescription of addictive drugs also applies to the physician's personal consumption.

(3). The National Board of health determines what in this law, the term addictive drugs.


§ 36. If a doctor who is granted pursuant to section 35, commit significant cold cuts violation of this, or if the Board of health considers that he or she is prescribing addictive drugs on the reckless way, National Board of health may deprive him or her of the right to prescribe all or individual groups of these medications for a period of from 1 to 5 years or until further notice.

(2). Declines the Minister for health and prevention a complaint about health's deprivation of the right to prescribe addictive drugs, the doctor may require the Minister for health and prevention decision brought before the courts. The doctor must in such a case against the Minister make application within 3 weeks after the Minister's decision is announced. The Secretary of State brings an action against the person concerned in the civil procedure forms.

(3). The National Board of Health's decision, if it does not decide otherwise, effect immediately from the decision's receipt and irrespective of whether the case be referred to the Minister for health and prevention and the courts.

section 37. A doctor could be for the health protection agency disclaims to prescribe addictive drugs or a specified group of such drugs for time or until further notice.

section 38. A doctor who under section 36 or § 37 has lost the right to prescribe addictive drugs, must not make such ordinations or give other physicians misleading information in order to get them to prescribe drugs for themselves.

§ 39. When a physician in accordance with the above provisions in whole or in part, have lost the right to prescribe addictive drugs is the responsibility of the official physician to the physician's practice to carry out the necessary prescriptions of these drugs. Official doctor may, however, designate another there willing doctor to make these ordinations. Detailed rules concerning the procedure for these prescriptions can be determined by the National Board of health.

§ 40. The National Board of health may at any time after the application back give a doctor the right to prescribe addictive drugs or a specified group of medicines. A refusal from the health protection agency on an application can be appealed to the Minister for health and prevention. Declines the Minister for health and prevention a complaint about health's decision, the physician may covet this decision tried by the courts, if that is the course at least 1 year after the final provision has been taken on by the Court of cessation, and at least 1 year after the recovery most recently denied the question by dom. It is a condition of review of the decision in the courts, that the doctor makes application to the satisfaction of the Minister within 3 weeks from the time When the person concerned by registered mail service or has been made aware of the decision. The Minister then causing the lawsuit brought against the doctor in the civil procedure forms.

§ 41. Prescribing addictive drugs as part of the treatment of persons for drug abuse can only be carried out by doctors employed in medical posts at the municipal, regional or private institutions referred to in the health section 142, paragraph 2. However, the individual ordinations as part of withdrawal treatment of short duration carried out by other doctors.

(2). Prescription of the right under paragraph 1 1. paragraph, may, in accordance with the agreement in specific cases, be left to another doctor, including a general practitioner or a specialist doctor.

(3). The National Board of health shall lay down detailed rules for the Administration and for the associated dispensing and control, including the right to leave dispensing and control measures take place locally.

(4). This provision shall not apply to treatment in Prison institutions. The Minister of Justice shall determine after consultation with the Board of health rules for cooperation between the Prison doctors and the doctors who can prescribe addictive drugs pursuant to paragraph 1.

Chapter 10

Doctors ' duties and relations with the public

The physician's duties

§ 42. Any doctor is obliged to, upon request, to provide the initial necessary medical assistance, when rapid medical assistance after the available information deemed urgent, such as by poisoning incidents, major bleeding, choking attack and births, where midwives help cannot be provided for roads, or where the midwife can call in the doctor. Has the doctor valid decay, or can timely medical care be provided by a second, which is more closely related, as appropriate, is the doctor, however, exempt from the obligation referred to.

(2). Would a doctor no longer working as a doctor, he may by writing to announce this to the Danish Medicines Agency release itself from the obligation to provide medical assistance in accordance with paragraph 1. The health protection agency publishes the message stating that the person concerned has ceased to work as a doctor.

section 43. Have a doctor donated obstetrics by a birth where no midwife has contributed, it is incumbent on the doctor to make the records and reports, as it is required midwives to carry out.

§ 44. A doctor in his company to the knowledge that a person suffering from such diseases or deficiencies in physical or spiritual context that person in consideration of the conditions under which this living or working, exposing other people's lives or health of nearby danger, the doctor is obliged to seek risk mitigated by contacting that person themselves or, if necessary, by notification to the relevant official physician or Health Agency.

§ 45. A doctor working with the laity, which treats sick, see. section 73 shall not bring to the public a false notion that reading is done after the doctor's instructions or at your doctor's responsibility.

Charges for medical certificates

§ 46. The minister may, in accordance with the negotiation with the concerned medicinal Organization establish tariffs for such medical certificates, as udkræves according to the law, and which is based on medical examinations, if the scope is essentially fixed. The same is true with regard to medical examinations, etc., if the scope is essentially fixed, and which is made for use by the courts or the administration.

Chapter 11

Dentists

Authorization, etc.

§ 47. Authorization as a dentist shall be communicated to the person who passed the Danish dental exam or a foreign degree, which can be equated with this regulation. sections 2 and 3.

(2). The right to designate himself as a dentist has only the authorization as a dentist.

(3). The right to practise dentistry has only the authorization as a dentist.

(4). The Minister for health and prevention can, upon a proposal from the National Board of health shall take measures for dentists wanting access to designate itself as specialised dentistry.

Independent work as a dentist

section 48. Permit for autonomous work as a dentist must be supplied by the National Board of health the dentist who in one year has worked in subordinate positions, see. (3) with a dentist with a permit for autonomous work.

(2). The Minister for health and prevention may lay down rules on the practical training referred to in paragraph 1.

(3). A dentist who has not obtained the authorisation referred to in paragraph 1 shall, may seem in the subordinate position in a clinic under a dentist with a permit for autonomous work.

Dental company

§ 49. Dental activities include the prevention of instrumental and medikamentel nature, diagnosis and treatment of anomalies, lesions and diseases of the teeth, mouth and jaws.

(2). The Minister for health and prevention may lay down rules on the demarcation of the sphere of dentists for physicians, including rules to the effect that the individual parts of the activities referred to in paragraph 1 may only be carried out by doctors.

(3). The Minister for health and prevention may also lay down rules to the effect that the parts of the undertaking referred to in paragraph 1 may only be carried out by dentists who have undergone additional training.

§ 50. The National Board of health may lay down rules on prescribing and use of medicines, including anaesthetics, which in the course of dentistry.

Addictive drugs

§ 51. Rules concerning the right to prescribe addictive drugs in Chapter 9 shall apply mutatis mutandis with regard to the dentists right to prescribe addictive drugs.

(2). A dentist who has lost the right to prescribe addictive drugs, must not make such ordinations or give misleading information to others in order to get them to prescribe drugs for themselves.

Chapter 12

Chiropractors

Authorization

§ 52. Authorization, which shall be communicated to the chiropractor, who passed the Danish chiropractic exam or a foreign degree, which can be equated with this regulation. sections 2 and 3.

(2). The right to designate himself as a chiropractor has only the authorization as a chiropractor.

(3). The right to practise chiropractic business has only the authorization as a chiropractor, see. However, paragraph 6.

(4). Chiropractor business includes Diagnostics, prevention and chiropractic treatment of biomechanical dysfunctions in the spine, pelvis and extremities.

(5). The Minister for health and prevention may lay down rules on the exercise of the chiropractor business, see. paragraph 4, and on the demarcation thereof.

(6). Doctors and fysioterapeuters activities shall not be affected by the provisions of paragraphs 3 to 5.

Independent work as a chiropractor


§ 53. Permit for autonomous work as a chiropractor issued by the National Board of health the chiropractor who in Denmark have undergone additional training of 1 year with a chiropractor with a permit for autonomous work.

(2). A chiropractor, who has not obtained the authorisation referred to in paragraph 1 shall, may appear in the subordinate position in the hospital or clinic, both spots during a chiropractor with a permit for autonomous work.

(3). The Minister for health and prevention can lay down rules about the referred to in paragraph 1, additional practical training.

Chapter 13

Nurses

Authorization

§ 54. Authorization as a nurse shall be communicated to the person who passed the Danish nurse exam or a foreign degree, which can be equated with this regulation. sections 2 and 3.

(2). The right to designate himself as a nurse has only the authorization as a nurse.

(3). The Minister for health and prevention may lay down rules on the provision of nurse activities and on demarcation thereof.

Chapter 14

Midwives

Authorization

§ 55. Authorization as a midwife shall be notified to the who passed the Danish midwife exam or a foreign degree, which can be equated with this regulation. sections 2 and 3.

(2). The right to designate himself as a midwife has only the authorization as a midwife.

(3). The right to practise midwifery company has only the authorization as a midwife, see. However, paragraph 6.

(4). Midwifery activities include the determination of pregnancy, accomplishing preventive health examinations during pregnancy, including master studies and investigations in order to diagnose risk pregnancies, as well as help with the birthing and child birth under spontaneously progressing births.

(5). The Minister for health and prevention may lay down rules on the pursuit of midwifery activities, see. paragraph 4, and on the demarcation thereof.

(6). Doctors ' business shall not be affected by the provisions of paragraphs 3 to 5.

Jordemoderens duties

section 56. Are there by birth summoned a doctor, shall be the responsibility of the midwife to assist this during the treatment, which the doctor deems it necessary to carry out.

§ 57. A midwife shall provide the necessary assistance when fast midwife midwives help according to the available information, is of crucial importance. However, this does not apply if the midwife has valid decay or timely help may be provided by another midwife, as after conditions are closer to it.

Chapter 15 occupational therapists

Authorization

§ 58. Authorisation as an occupational therapist shall be communicated to the Danish occupational therapist who passed the exam or a foreign degree, which can be equated with this regulation. sections 2 and 3.

(2). The right to designate himself as a occupational therapist has only the authorization as occupational therapist.

(3). The Minister for health and prevention may lay down rules on the exercise of the occupational therapist business and about the delineation thereof.

Chapter 16

Physical therapists

Authorization

section 59. Authorization as a physiotherapist shall be communicated to the Danish physiotherapist who passed the exam or a foreign education equivalent thereto, see. sections 2 and 3.

(2). The right to designate himself as a physiotherapist has only the authorization as a physiotherapist.

(3). The Minister for health and prevention may lay down rules on the exercise of the activity and on the demarcation thereof. physical therapist

Chapter 17

Laboratory staff

Authorization

section 60. Approval as a medical laboratory technologist shall be notified to the who passed the Danish medical laboratory technologist exam or a foreign degree, which can be equated with this regulation. sections 2 and 3.

(2). The right to designate himself as a medical laboratory technologist has only the approval as a medical laboratory technologist.

(3). The Minister for health and prevention may lay down rules on the exercise of the medical laboratory technologist company and on demarcation thereof.

Chapter 18

Clinical Dietitians

Authorization

section 61. Authorization as a clinical dietitian shall be notified to the who have passed the exam as a clinical dietitian or a Danish foreign exam that can be equated with this regulation. sections 2 and 3.

(2). The right to designate himself as a clinical dietitian has only the authorization as a clinical dietitian.

(3). The Minister for health and prevention may lay down rules on the exercise of the activity as a clinical dietitian and on demarcation thereof.

Chapter 19

Radio graphs

Authorization

§ 62. Authorization as a radiographer shall be notified to the Danish radiograf who passed the exam or a foreign degree, which can be equated with this regulation. sections 2 and 3.

(2). The right to designate himself as Hyundai has only the authorization as a radiographer.

(3). The Minister for health and prevention may lay down rules on the exercise of the business of radio and on demarcation thereof.

Chapter 20

'S

Authorization

section 63. Authorization, which shall be communicated to the truss, who have passed the exam and carried out a practical training under an approved by the Minister for health and prevention education that truss or a foreign training courses that can be equated with this regulation. sections 2 and 3.

(2). The Minister for health and prevention may lay down rules to the effect that authorisation as truss may be granted on the basis of one of the Minister for education approved training as truss.

(3). The right to designate himself as truss has only the authorization as truss.

(4). The Minister for health and prevention may lay down rules on the exercise of the truss business and about the delineation thereof.

Chapter 21

Clinical dental technicians

Authorization

section 64. Authorization as a clinical dental technician shall be communicated to the person who passed the exam as Danish clinical dental technician or a foreign diploma, equivalent thereto, and has worked as a clinical assistant in tandtekniker 1 year either from a dentist with a permit for standalone operation or a clinical dental technician, see. sections 2 and 3.

(2). The right to designate himself as a clinical dental technician has only the authorization as a clinical dental technician.

(3). The right to engage in activity as a clinical dental technician has only the authorization as a clinical dental technician, see. However, paragraph 6.

(4). The business of clinical dental technician includes insertion and correction of removable dentures for adults with tooth loss, which, incidentally, doesn't have medical changes or congenital defects in the preserved teeth and mouth or jaws.

(5). The Minister for health and prevention can lay down rules that parts of the company may only be carried out by clinical dental technicians in cooperation with dentists. The Minister for health and prevention may also lay down rules that parts of the company may only be carried out after a dentist's instructions and under its supervision. The Minister for health and prevention may finally lay down the rules on the exercise of the activities of a clinical dental technician, see. paragraph 4, and on the demarcation thereof.

(6). Dentists and doctors undertaking shall not be affected by the provisions of paragraphs 3 to 5.

Chapter 22

Dental hygienists

Authorization, etc.

section 65. Authorization as a dental hygienist shall be communicated to the Danish hygienist who passed the exam or a foreign degree, which can be equated with this regulation. sections 2 and 3.

(2). The right to designate himself as a dental hygienist has only the authorization as a dental hygienist.

(3). The right to practise as a dental hygienist has only the authorization as a dental hygienist, see. However, paragraph 6.

(4). Activities of a dental hygienist include patient study, removal of hard tooth coverings and rodafglatning, cleaning and polishing of Dental restorations, including the removal of floodable surplus, as well as the construction of infiltrationsanalgesi (local anesthetic). Activities of a dental hygienist also includes instrumental removal of soft dental linings and trimmings of the teeth and the insertion and removal of the tandregulerings apparatus.

(5). The Minister for health and prevention may lay down rules on the exercise of the activities of dental hygienist, see. paragraph 4, and on the demarcation thereof.

(6). Dentists undertaking shall not be affected by the provisions of paragraphs 3 to 5.

§ 66. The National Board of health may lay down rules on prescribing and use of medicines, including anaesthetics, in the exercise of hygienist company.

Chapter 23

Opticians and contact lens opticians

Authorization as optician

section 67. Authorization, which shall be communicated to the optician, who has passed the Danish optician degree or a foreign equivalent degree, which may, in accordance with article 3. sections 2 and 3.

(2). The right to designate himself as optician has only the authorization as optician.

(3). The right to exercise the optician company has only the authorization as optician, see. However, paragraph 6.

(4). Optician activities include the provision of vision for the adjustment, control and dispensing of eyeglasses and other individually crafted Visual AIDS, but not contact lenses, see. section 68.

(5). The Minister for health and prevention may lay down rules on the exercise of the business of optician, see. paragraph 4, and on the demarcation thereof.

(6). Doctors ' business shall not be affected by the provisions of paragraphs 3 to 5.

Authorization as contact lens optician


section 68. Authorization as contact lens optician shall be communicated to the person who has obtained approval as optician, and which in addition have passed one of the Minister for education approved training in contact lens adaptation or implemented a foreign training courses that can be equated with this regulation. sections 2 and 3.

(2). The right to designate one as the contact lens optician has only the authorization as contact lens optician.

(3). The right to carry on business as contact lens optician has only the authorization as contact lens optician, see. However, paragraph 6.

(4). Company as contact lens optician shall include, in addition to the business of optician, see. section 67, paragraph 4, of the adjustment, control and dispensing of contact lenses.

(5). The Minister for health and prevention may lay down rules on the exercise of the activities of the contact lens optician, see. paragraph 4, and on the demarcation thereof.

(6). Doctors ' business shall not be affected by the provisions of paragraphs 3 to 5.

The relationship between authorization as optician and authorization as contact lens optician

section 69. Withdrawal of authorisation which also entails deprivation of authorization as eye care contact lens optician. Withdrawal of authorization as contact lens optician leads, unless the National Board of health sets the second, also withdrawing authorisation as optician.

(2). Persons who have completed a training as eye care, which includes qualification as contact lens optician, have the right to also describe themselves as contact lens optician.

Chapter 24 Podiatrists

Authorization

section 70. Authorization, which shall be communicated to the chiropodist who passed the Danish chiropodist exam or a foreign degree, which can be equated with this regulation. sections 2 and 3.

(2). The right to designate himself as a chiropodist has only the authorization as a chiropodist.

(3). The Minister for health and prevention may lay down rules on the exercise of the activity and on the demarcation thereof. chiropodist

Chapter 24 (a)

Social and healthcare assistants

Authorization

section 70 (a). The approval as health and social care assistant is notified to the who have passed the exam as Danish social and healthcare Assistant or a foreign degree, which can be equated with this regulation. sections 2 and 3.

(2). The right to designate himself as a social-and healthcare Assistant have only the authorization as social-and health Assistant.

(3). The Minister for health and prevention may lay down rules on the exercise of the activities of social and healthcare Assistant and on the delineation of the company.

Title III

Cosmetic treatment

Chapter 25

§ 71. By cosmetic treatment means corrective establishment where the cosmetic terms constitutes the decisive indication, or treatment as the main aim intends to change or improve appearance.

(2). The National Board of health may lay down rules relating to cosmetic treatments or therapies that would result in a risk to patient safety, including the risk of complications or side effects. The National Board of health may also lay down rules to the effect that the in 1. paragraph mentioned treatments or therapies alone may be performed by persons with special professional qualifications.

(3). The National Board of health may lay down rules on the processing equipment to use for cosmetic treatments, the use of which involves risk to patient safety. The National Board of health may also lay down rules to the effect that it is in the 1. paragraph referred to treatment equipment may be used only by persons who have special professional qualifications.

(4). The National Board of health may lay down rules concerning the form and content of the information to be made available to the patient in connection with cosmetic treatment, including requirements for the cooling-off period for the patient and for whom the information to be given by.

(5). Health Agency without a court order can inspect clinics where authorized health professionals or their Assistant performs cosmetic treatment, and may establish requirements for the clinic ' professional activity.

section 72. The National Board of health may lay down rules to the effect that the cosmetic treatment performed by authorized health-care professionals or their Assistant, to be registered in the National Board of health, and that registration is a condition for the cosmetic treatment may be performed in private by authorized health-care professionals.

(2). The National Board of health may lay down rules to the effect that of the authorized health professionals who practice with cosmetic treatment will be charged an annual fee for the National Board of Health's expenditure in connection with the registration system and with the extended supervision in this area.

Title IV

Other provisions on health professional activity

Chapter 26

section 73. A person who does not have authorisation in accordance with this law, can treat sickness, see. However, § 1, paragraph 3, and section 74. The person concerned must not, however, in this context, exposing anyone's health for demonstrable risk.

§ 74. A person who does not have authorisation as a doctor may not treat a person for veneriske diseases in the infectious stage, tuberculosis or other infectious disease.

(2). A person who does not have the approval of a doctor shall not, unless otherwise specifically legal, carry out mutilations, implement full or local anesthetic, provide birth help, using drugs that may only be dispensed by pharmacies against prescription, or use x-ray or radium treatment or treatment methods with electrical appliances, against the use of unauthorized persons to the health protection agency has prohibited due to the danger.

(3). Needle akupunkturbehandling are not covered by the provision in paragraph 2.

Title V

Criminal provisions

Chapter 27

§ 75. A licensed health care professional who is guilty in rougher or repeated negligence or carelessness in the performance of its duties, is punished by a fine or imprisonment for up to 4 months.

§ 76. A person who has been deprived of the authorization or waived, have limited or restricted business area after chapter 3 and which continues to exercise the relevant duties, is punished by a fine or imprisonment for up to 3 months, unless a higher penalty is inflicted for other legislation.

§ 77. A person who, after being filled 75 years self-employed professional activity without health's permission, see. section 14, paragraph 3, be punished by a fine.

§ 78. A person who without authorization uses a name that is reserved to authorised persons, or refer to, or acting in any other way that is apt to wake the notion that concerned have such authorisation, in accordance with article 3. § 27, paragraph 2, article 47, paragraph 2, article 52, paragraph 2, article 54, paragraph 2, article 55, paragraph 2, article 58, paragraph 2, article 59, paragraph 2, article 60, paragraph 2, article 61, paragraph 2, article 62, paragraph 2, article 63, paragraph 3, article 64, paragraph 2, article 65, paragraph 2, article 67, paragraph 2, article 68, paragraph 2, 70 (2) and section 70 (a), paragraph 2, be punished by a fine.

§ 79. A person who, without authorization, operating on a healthcare area reserved for authorised persons, see. § 27, paragraph 3, section 47, paragraph 3, article 52, paragraph 3, section 55, paragraph 3, article 64, paragraph 3, article 65, paragraph 3, article 67, paragraph 3, and section 68, paragraph 3, be punished by a fine or imprisonment for up to 4 months.

section 80. A person who without authority to independently work as a doctor, dentist or chiropractor, see. § § 29, 48 and 53, gives expression to possess such a permit is punishable by a fine.

§ 81. A person who without authority to designate itself as a specialist, of the basic regulation. section 30, gives expression to possess such a permit is punishable by a fine.

section 82. A licensed health care professional, that override a information or reporting obligations under section 19, article 20, paragraph 2, article 26, paragraph 2, and section 43 is punishable by a fine.

section 83. A doctor or dentist who after having lost the right to prescribe addictive drugs continues to make such ordinations or gives other doctors or dentists misleading information in order to get them to prescribe drugs for themselves, see. § 38 and section 51, paragraph 2, be punished by a fine or imprisonment for up to 4 months.

section 84. A doctor who overrides his help duty under section 42, paragraph 1, are punishable by a fine.

(2). A midwife who overrides his help duty under section 57, punishable by fine.

§ 85. A doctor who overrides his obligation to seek risk mitigated under section 44, punishable by fine.

§ 86. A doctor who provides the public an inaccurate notion that a treatment by a doctor's prescription or on is according to the layperson the doctor's responsibility, see. section 45, be punished by a fine or imprisonment for up to 4 months.

section 87. A person who without authorization after this law treats sick and in so doing expose anyone's health for demonstrable danger, see. section 73, are punishable by fine or imprisonment for up to 4 months.

(2). Under aggravating circumstances, such as if the person in question has caused significant damage to body or health, or if the person concerned was previously convicted for violation of sections 73 and 74, the penalty can rise to imprisonment up to 1 year. The same applies, if the patient is legally incapacitated as a result of infancy or due to mental illness or impaired mental development or other form of severely weakened state is unable to carry out its affairs.


(3). If a person has previously been sentenced to a custodial sentence for violation of sections 73 and 74, on the new imposed such a penalty for violation of any of the said provisions, he or she may by judgment given cold cuts to completely refrain from treating the sick. Violation of such order made are punishable by fine or imprisonment for up to 3 months.

section 88. A person who without authorization as a doctor treating a person for veneriske diseases in the infectious stage, tuberculosis or other infectious disease, see. section 74, paragraph 1, are punishable by imprisonment for up to 1 year, under mitigating circumstances with fine.

(2). That the person in question as a result of its lack of medical proficiency has not been able to recognize the disease's natural, does not relieve the question of punishment.

section 89. A person who without authorization as a doctor carrying out mutilations, entrepreneur total or local anesthesia, obstetrics, using drugs that may only be dispensed by pharmacies against prescription, or using x-ray or radium treatment or treatment methods with electrical appliances, against the use of unauthorized persons to the health protection agency has prohibited due to the danger of the basic regulation. section 74, paragraph 2, be punished with imprisonment for up to 1 year, under mitigating circumstances with fine.

section 90. That can be imposed on companies, etc. (legal persons) criminal liability in accordance with the provisions of the criminal code 5. Chapter.

section 91. In regulations issued under this law, may be fixed penalty in the form of fines for violation of the provisions of the legislation.

Title VI

Date of entry into force and transitional provisions

Chapter 28

section 92. The law shall enter into force on the 1. January 2007. section 95, no. 3, however, shall enter into force on the day after publication in the Official Gazette.

(2). The following laws and regulations are hereby repealed:





1) Chapter 2 and section 26 of the law on health care central agency, etc., see. lovbekendtgørelse nr. 790 out of 10. September 2002, as amended most recently by section 63 of Act No. 547 of 24. June 2005,

2) law on the exercise of the medical profession, see. lovbekendtgørelse nr. 272 of 19. April 2001,

3) law on nurses, see. lovbekendtgørelse nr. 759 of 14. November 1990,

4) Law No. 142 of 26. April 1972 for podiatrists,

5) Law No. 276 of 26. May 1976 about dentists,

6) Law No. 671 by 13. December 1978 on midwives,

7) Law No. 100 of 14. March 1979 relating to clinical dental technicians,

8) Law No. 415 of 6. June 1991 on chiropractors, etc.,

9) law on therapy assistants, see. lovbekendtgørelse nr. 631 of 30. August 1991,

10) Law No. 379 of 18. May 1994 on opticians etc.,

11) Law No. 307 of 24. April 1996 on clinical dietitians,

12) Law No. 498 of 12. June 1996 on dental hygienists,

13) Law No. 253 of 8. May 2002 for laboratory staff,

14) Act No. 252 of 8. May 2002 on radio graphs,

15) Law No. 431 out of 10. June 2003 on's and

16) Act No. 1137 of 22. December 1993 on health staff training, etc.





(3). Where authorization is granted, a person on the basis of the laws referred to in paragraph 2 shall retain this authorization shall remain valid under this law.

(4). Rules laid down in accordance with the provisions referred to in paragraph 2 and the laws, shall remain in force until they are repealed or replaced by rules laid down pursuant to this Act.

section 93. Health-care professionals, who before 1 January 2002. January 2007 is filled 75 years, are not covered by the provision in section 14 on the lapse of the right to exercise independent professional activity.

§ 94. Dentists and chiropractors, who before 1 January 2002. January 2007 has acquired authorization as a dentist and chiropractor, are given by the entry into force of the act immediately right to independently operate respectively as dentist, see. § 48, and chiropractor, see. § 53.

section 95. In Act No. 547 of 24. June 2005 on complaint and redress access within the health services shall be amended as follows:

1. In article 17, paragraph 1, the words ' the ' to: ' cosmetic surgeries cosmetic treatment '.

2. In article 17, paragraph 5, the words ' section 5 (a), paragraph 3, of the law on health care central agency, etc. ' to: ' section 7, paragraph 2, of the law on approval of health professionals and health professional activity '.

3. In section 63, paragraph 3, the words ' which are submitted to the nature of the appeal and supervisory body ': ' wherein a decision '.

section 96. The law on pharmacy company, see. lovbekendtgørelse nr. 657 of 28. July 1995, as amended most recently by section 108 of the Act No. 1180 of 12. December 2005, is amended as follows:

1. In section 22 (1) (8). 5, and section 32, paragraph 1, the words ' section 5 of the Act on health care central agency ' to: ' section 6 of the law on approval of health professionals and health professional activity '.

section 97. The law does not apply to the Faroe Islands and Greenland but may by Royal Decree be set wholly or partially in force for Faroe Islands with the derogations which the special Faroese conditions warrant.




Act No. 537 by 17. June 2008 contains the following entry into force and transitional provisions. 1)



§ 2. The law shall enter into force on the 1. October 2008.

§ 3. Individuals who have passed the exam as Danish social and health Assistant pursuant to lovbekendtgørelse nr. 823 of 15. July 2004 on basic social and health education, or older provisions on education as social and health assistant may, on the application submitted to the Board of health no later than 1 year after the date of entry into force of the Act approved as social-and health Assistant.

(2). The National Board of health may, in specific cases, grant a derogation from the time limit, if particular circumstances justify.




Act No. 538 of 17. June 2008 includes the following entry-into-force provision. 2)



§ 4. The law shall enter into force on the 1. January 2009, see. However, paragraphs 2 to 4.
The Ministry of health and prevention, 17. December 2008 Jakob Axel Nielsen/Mogens Jørgensen Official notes 1) Amendment relates to Chapter 24 (a) and section 78.

2) as regards the law on approval of health professionals and health professional activity regards the amendment § § 5, 13, 41 and 76.