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Ordinance On Health Professional Advice For Use Of The Procedure In Cases Of Sickness Benefits, Social Assistance, Rehabilitation, Etc.

Original Language Title: Bekendtgørelse om sundhedsfaglig rådgivning til brug for sagsbehandlingen i sager om sygedagpenge, kontanthjælp, revalidering m.v.

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Table of Contents
Chapter 1 Scope of application
Chapter 2 Healthcare consulting
Chapter 3 Entry into force

Completion of health professional advice for the handling of health care cases in matters of sickness benefits, cash benefits, revalidation, etc.

In accordance with section 25 e (1), 3, in the law on the responsibility and management of the active employment effort, cf. Law Order no. 731 of 15. June 2010, as amended by law no. 1380 of 23. In December 2012, after negotiation with the Minister for Health and Prevention :

Chapter 1

Scope of application

§ 1. This notice shall apply where a public health expert is able to provide public health advice on the possibility of the citizen's work or education for the use of the local authorities in other matters in the field of employment. In the case of other matters in the area of employment, matters that are not to be dealt with in the municipality's rehabilitation team and which are not cases of resource flows, flex jobs and subsidies for self-employed persons are not dealt with. That is to say cases of sickness benefits, cash benefits, revalidation, etc.

Paragraph 2. In cases to be dealt with in the rehabilitation team, as well as in ongoing resource flows, flex jobs and subsidies for self-employed persons, the municipality can only use health professional advice from clinical function in the region and the citizen's practising doctor, cf. § 25 c (3) 2, in the law on the responsibility and management of the active employment effort.

Paragraph 3. If the municipality concludes the agreement with a clinical function to provide health professional advice in other matters in the field of employment, the rules in section 10 (1) shall be subject to the rules laid down in section 10. 2-5 and Section 11 of the municipalities and regional cooperation cooperation on health professional advice and assessment in cases of resource flows, flex-job, and early retirement equivalent use.

Chapter 2

Healthcare consulting

§ 2. The health professional advice alone must clarify the importance of the health information in relation to the citizen's ability to work or education for the use of the municipality's proceedings. It is the municipality that will collect the necessary health information and take a decision on the specific case.

§ 3. The local authority organises the way in which health professionals in matters of health care, cash benefits, revalidation, etc. are provided, including the health professional advice provided by the municipal staff of health professionals.

§ 4. The health professional advice given by this notice may only be given in proportion to the citizen's ability to work or to education. For example, the health care staff may as part of its health professional advice :

1) clarify the meaning of the content of medicinal products, records or other health professional information in relation to the citizen's ability to work or education ;

2) assess whether, in relation to the citizen's ability to work or education, the documentation is linked to the medical attestations and other details of the citizen's ability to work or education, including the citizen's own information ; and the assessment of their own options ;

3) assess whether any other relevant health professional aspects may contribute to illusing the case, e.g. a special medical certificate, or whether there is a treatment option for which the citizen is to be discussed with the practising doctor ; or

4) assess, where appropriate, the need for a sparing of the citizen to return to work.

Paragraph 2. The health professional advice must not contain advice on the granting of a grant to a citizen.

§ 5. The health expert who provides health advice cannot itself obtain further information in the case of the need for health care services.

Paragraph 2. The health expert who is responsible for the task of providing medical advice must not carry out examination or treatment under the health legislation as part of the advisory role. Health workers cannot, therefore, be able to amend or make new diagnoses as part of the health professional advice.

§ 6. The health expert providing health advice must not, through any other function, be known to the citizen on whom the case relates. The person may not, for example, provide health advice, if the person who is currently or has been a citizen's practising doctor, is currently considering or has treated the citizen of the health care services, by the way or by other people ; treatment or retraining tasks in relation to the citizen.

§ 7. The health professional advice shall be documented in the form of a note for the case.

Chapter 3

Entry into force

§ 8. The announcement shall enter into force on 1. July, 2013.

Labour market management, 26. June 2013

Marie Hansen

/ Jens Erik Zebis