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The Law On Social Assistance Of Professionals Who (1.3.2016)

Original Language Title: Laki sosiaalihuollon ammattihenkilöistä (voimassa 1.3.2016 alkaen)

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Law on social care professionals (as of 1 March 2016)

See the copyright notice Conditions of use .

In accordance with the decision of the Parliament:

Chapter 1

General provisions

ARTICLE 1
Purpose of the law

The purpose of this Act is to promote customer safety and the right to good social care and good treatment of social care clients:

(1) ensuring that the social security person within the meaning of this Act has the training required for professional activities, adequate professional competence and the capacity to perform professional activities, and the ability to develop and maintain a professional activity;

(2) promoting the cooperation of professionals in social care and the establishment of an appropriate function structure, taking into account the service needs of customers;

(3) organising the supervision of the professional activities of professionals.

ARTICLE 2
Scope of law

This law shall apply to persons employed by the Community or a private operator engaged in a public task, as well as to self-employed social care professionals.

ARTICLE 3
Social care professional

Social care professionals are:

1) those who, under this law, have acquired a right of professional activity ( A qualified professional );

2) those who, under this law, have the right to use the professional title of a professional person ( The designated professional person ).

A qualified professional shall be entitled to act in the profession concerned and to use the professional title concerned. The professional qualifications of the designated professional person and the training required by the professional title are laid down by a decree of the Council. In addition, the right of access to the designated title shall be subject to the condition that the person is registered as a professional person in the central register of the social care professionals referred to in Article 16. Other persons with adequate training, experience and skills may be employed in the role of the designated professional. The decree of the Council of State provides for adequate training to be carried out by a professional person appointed by a qualified professional.

The structure and division of tasks of the social security professionals may be renewed, taking into account the knowledge, skills and training of professionals, unless otherwise provided for by law or regulation, provided that it is justified by Service needs, work organisation and provision of social services. The Regulation of the Ministry of Social Affairs and Health provides, where appropriate, more detailed provisions on the development of the appropriate structure and division of labour by professionals in the social security sector.

§ 4
Professional obligations

The professional activities of the social welfare professional are aimed at promoting social capacity, equality and inclusion, as well as preventing exclusion and increasing prosperity.

It is the duty of a social worker to comply with his professional activities as regards the status and rights of the customer, as well as the handling of customer information.

§ 5
Maintaining professional qualifications and developing skills

The social security professional shall be obliged to maintain and develop his professional skills and to familiarise himself with the provisions and provisions relating to his professional activities.

The employer's employer must create the conditions for a professional to receive the necessary training in his work and to be able to take part in further training necessary for the development of his professional skills.

ARTICLE 6
Provision of information to supervisory authorities

The social security professional shall be obliged, notwithstanding the provisions of confidentiality, to supply the information necessary for the performance of the tasks provided for by this Act, as requested by the Social and Health Authorising Office or the Regional Administrative Agency, and Studies.

Chapter 2

The right to act as a professional social worker

§ 7
The right to engage in the profession of social worker on the basis of the training performed in Finland

The Agency for Social and Health Authorisation and the Agency shall grant, on application, the right to pursue the profession of social worker as a legal professional for a person who has completed a higher education qualification in Finland, which includes, or Have undergone major studies or university studies in the field of social work.

§ 8
The right to pursue the profession of socio-Geronom based on training carried out in Finland

The Agency for Social and Health Authorisation and the Health Protection Agency shall grant the right to pursue a socio-legal profession as a legitimate professional for a person who has completed a vocational qualification in the social field in Finland.

The Agency for Social and Health Authorisation and Health will grant the right to practise the profession of Geronom to a person who has completed a vocational qualification in the social field in Finland.

§ 9
Specific obligations of the social worker

The social worker, as referred to in Article 7, is responsible for the professional management of social work and for the work of the social work of individuals, families and communities, and of the work of the social work of the social work and services, as well as its impact. Monitoring and evaluation.

In addition, the social worker is responsible for the provision and decision-making of social services, as provided for in the rest of the law.

ARTICLE 10
Non-EU or EEA national of the EU or EEA State other than that trained in Finland

The Office for Social and Health Authorisation and Health shall issue a law on the recognition of professional qualifications (19/03/2007) , the right to exercise the profession referred to in Article 7 or 8 of this Act in Finland to a national of a Member State of the European Union or a national of a State belonging to the European Economic Area, who is resident in another Member State of the European Union or A diploma or other document, which is required in that State, on the basis of training carried out in a State belonging to a Member State other than Finland, or any other document demonstrating the applicant's willingness to do so, The profession.

In accordance with the law on the recognition of professional qualifications, the Office for Social Affairs and Health grants the right to use the professional title of a professional A national of a Member State of the Union or of a State belonging to the European Economic Area, to whom, on the basis of education received in another Member State of the European Union or a State of the European Economic Area, in that State, Awarded a diploma or equivalent to a diploma , a document issued in that State for the purpose of obtaining the right to the profession or any other document demonstrating the applicant's willingness to pursue that profession.

The Social and Health Authorisation and Control Agency may order the applicant as compensatory measures for an adaptation period or an aptitude test as provided for in the law on the recognition of professional qualifications.

ARTICLE 11
In a country not belonging to the European Union or the European Economic Area, training

The Office for Social and Health Authorisation and the Agency shall grant, upon application, the right to pursue a profession as referred to in Article 7 or 8 in Finland for a person who has undergone training in a State not belonging to the European Union or the European Economic Area. The diploma or other document required in that State for entitlement to the profession in question.

The Office for Social and Health Authorisation and the Agency shall grant, on application, the right to use the title of the professional title of the designated professional person, as provided for by the Council Regulation, to the person who is in the European Union or the European Economic Area A diploma or other document, which is required to obtain the right to the profession in question, on the basis of the training carried out in the non-member state.

An adaptation period or an aptitude test may be imposed by the Agency for Social and Health Authorisation and Control. A decree of the Council of State may provide for a more detailed adjustment period and an aptitude test, as well as other qualification requirements for the applicant.

ARTICLE 12
Right to temporary employment in the profession of qualified professional

The occupation of a social worker may, for a temporary period of up to one year, be employed by a person who is a member of the social worker for a period of not less than one year, who has successfully completed the studies and practical training of social work. The student is working under the management and control of a qualified social worker.

For a period of up to one year, the professional qualification of a qualified professional may take up a person who has completed a vocational qualification or a university degree suitable for the profession in question, with sufficient conditions; Activities in the profession.

In so doing, a person acting in a temporary legal profession shall be subject, mutatis mutandis, to the provisions of this Act concerning persons employed in social care. The conditions for the functioning of a regulated profession may be regulated in more detail by a decree of the Council of Ministers.

A person who is temporarily employed as a social worker does not have the right to a social worker to decide, in urgent cases, whether or not to provide an independent service or any accompanying measure.

The right of foreign law to act in a temporary professional profession may be regulated by a decree of the Council of Ministers.

ARTICLE 13
Annexes to the application

The application referred to in Articles 7 and 8 shall be accompanied by a copy of the diploma awarded by the university or the Polytechnic and the completed training programme.

The documents and certificates attached to the application referred to in Article 10 shall be governed by the law on the recognition of professional qualifications. The documents and certificates attached to the application referred to in Article 11 shall be further regulated by a decree of the Council of State.

ARTICLE 14
Handling of applications in some cases

The applicant referred to in Article 10 shall be informed of the receipt of the application and of any missing documents within one month of receipt of the documents. The application shall be settled no later than three months after the submission of the required documents.

Chapter 3

Guidance and supervision of social welfare professionals

General provisions
§ 15
Control and control

The general guidance of social care professionals belongs to the Ministry of Social Affairs and Health.

The Agency for Social and Health Care and Control will direct and supervise the professional activities of the social welfare professionals. The Regional Administrative Agency shall direct and supervise the professional activities of the social security professionals within its territory. Under the Ministry of Social Affairs and Health, the Ministry of Social Affairs and Health, under the Ministry of Social Affairs and Health, is guided by the activities of the Regional Administrative Agencies in the implementation of the supervision and supervision of the professional activities of the social security professionals, Coordination and harmonisation.

The Office for Social and Health Authorisation and Control shall consider matters relating to the guidance and supervision of social care professionals, in particular where the question is:

(1) a matter of principle or of general scope;

(2) a matter which may require the provision of security measures or sanctions as referred to in Article 20 (2) or Article 25;

3) an obstacle to the Agency to deal with.

For the purposes of supervision of social care professionals, the Office for Social Affairs and Health has a supervisory board for social and health care professionals, whose composition and functions are laid down by a decree of the Government.

ARTICLE 16
Central register of social care professionals

The Social and Health Authorisation and Control Agency shall hold a central register of social care professionals under the Law on the Agency for Social and Health Authorisation (169/2008) In order to carry out the monitoring tasks. In addition to what is laid down in this Act, the law on personal data (523/1999) .

The register shall contain the following information:

(1) the name, identification number, home address, registration number, right to self-employment, limitation or deletion of the professional title of the social care professional, as well as the right to use the professional title of the social care professional and its prohibition; and Information on the training underlying the right to self-employment or the designation of the name;

(2) information on the higher vocational education and training activities carried out by a social worker in the social field, professional listings and specialised training courses;

(3) a statement made by the Social and Health Authorising Office or the Office of the National Agency for Social Welfare in accordance with this law, as well as information on the warning, fine or imprisonment of a professional activity; or The input;

(4) a person acting in the occupation of the profession of legalised social care professional or another person acting in a temporary manner in the occupation of the social care profession, to whom the Office of the Social and Health Inspection and Control Agency has issued; As a control measure, a written warning or a security measure, name, personal identification number and home address, as well as information on the control measure referred to above.

The information referred to in paragraph 2 (1) and the information on the precautionary measure referred to in paragraph 4 shall be deleted from the register ten years after the date of the data subject. The information referred to in paragraph 2 (3) and the notes or written warning referred to in paragraph 4 shall be deleted from the register where ten years after the adoption of the decision or any other decision, unless the initials (1010/1989) Provide for a longer period to be deleted.

§ 17
Information on the central register of social care professionals

The Office for Social and Health Authorisation and the Agency shall, notwithstanding the provisions of confidentiality, provide the information referred to in Article 16 (2) to the Regional Administrative Agency in order to carry out the supervisory tasks provided for by its law.

In addition to what the law on public authorities' activities (18/09/1999) , the Office for Social and Health Authorisation and Control may, without prejudice to the secrecy provisions, inform the employer and the health care employer and the operating service of the information referred to in Article 16 (2) (3) of this Law A criminal offence for a job-related aptitude assessment.

ARTICLE 18
Public information service

The Social and Health Authorisation and Control Agency may, through a public information network, transfer from the central register of social care professionals the name, registration number, year of birth and On the professional qualifications of the professional and the restriction of the right to self-employment ( Public information service ).

Information on the public information service may only be applied for as individual searches using the name or registration number of the data subject.

The Social and Health Inspection and Control Agency shall remove the information concerning the social care professional from a public information service immediately after it has been informed of the death of the social care professional or when The right to self-employment of the social care professional has been abolished or the use of a professional title is prohibited.

§ 19
Identifying the appropriateness of professional activities

Where there are reasonable grounds for suspecting that the social worker is unable to function in the course of the illness, substance abuse, impaired function or any other comparable cause, the Agency for Social and Health Authorisation and Control May be required to undergo a medical examination or medical examination ( Establishing professional capacity and state of health; ).

Where there are reasonable grounds to assume that there are deficiencies in the professional or professional skills of the social care professional, the Social and Health Authorisation and Control Agency may require the professional skills of a professional -for the examination of data for work experience, work sample or examination ( Identification of skills ).

The costs incurred in determining the professional capacity and state of health and the examination of skills are reimbursed through State resources.

Where a professional person does not consent to the clearance provided for in paragraphs 1 or 2, the Social and Health Authorisation and Control Agency may prohibit a qualified professional from exercising his/her profession or prohibit a professional The professional title of the social security professional provided for by the Council Regulation.

§ 20
Penalties for incorrect procedure

The Social and Health Authorisation and Control Agency may provide a penalty for the incorrect functioning of the social care professional if a professional social worker:

(1) fails to comply with the obligation laid down in Articles 4 to 6;

(2) perform the tasks to which his training or professional competence must be regarded as manifestly insufficient;

3) is otherwise fundamentally erroneously engaged in professional activities.

The Agency for Social and Health Authorisation and Control may, in the cases referred to in paragraph 1:

(1) provide a professional person with more detailed provisions for professional activities;

(2) to limit the right to the exercise of the profession of legal profession for a limited period of time or for the time being, or to suspend or provisionally suspend the right to a professional person;

(3) prohibit a qualified professional from using the professional title of a professional person governed by the State Council Regulation for a limited period of time or time.

The Social and Health Inspection and Control Agency and the Regional Administrative Agency may, if the matter does not give rise to the measure referred to in paragraph 2 or in Article 25 below, draw the attention of a professional person to the appropriate professional activities Or calls on him to remedy a deficiency or maladministration, or to supply a professional person with a comment to the contrary. The comments or observations made by the Social and Health Authorization Agency or the Regional Administrative Agency referred to in this paragraph shall not be subject to appeal.

The Social and Health Authorisation and Control Agency may take the measures referred to in paragraph 2 (2) or (3) only if the incorrect functioning of the professional or the failure to perform his duties are of a serious nature and not to a professional Improved sanctions have not led to remedial action.

ARTICLE 21
Failure to take action in the profession

If, on the grounds of illness, drug abuse, incapacity for action or any other comparable reason, or due to the lack of professional qualifications identified, the person in the social service is incapable of acting as a professional In the profession, the Social and Health Authorisation and Control Agency may decide on the measure provided in Article 20.

§ 22
Crime-related crime

If, by a judicial decision of the court, a professional social worker has been sentenced to prison for a criminal offence committed in his professional activities and in the circumstances of the offence, it may be suspected that the professional activities Any extension would jeopardise customer safety, the Social and Health Authorisation and Control Agency may restrict or suspend the right to a professional person for the time being or to prohibit a professional person who has been appointed for the time being The use of the social care professional Professional title.

If the circumstances and circumstances of the offence referred to above are highly burdensome, the Office for Social and Health Authorisation and Control may permanently remove or prohibit the right of a legal professional Permanent use of the professional title of a professional person who is a permanent professional.

ARTICLE 23
Temporary security measures

When dealing with matters referred to in Articles 19 to 22, the Office for Social and Health Authorisation and the Health Service may temporarily restrict or prohibit the legalisation of a legal professional A professional or a temporary ban on the use of the professional title of a professional person who is a professional person.

§ 24
Limitation or deletion of the right of access or removal of the right to use a professional title at the request of a professional

The Social and Health Inspection and Control Agency may, at its own request, limit or delete the right to the exercise of the profession of qualified professional. The Social and Health Authorisation and Control Agency may remove the right to use the professional title concerned, at the request of the professional person appointed.

ARTICLE 25
Written warning

Where, in his professional activities, a professional social care professional has acted in violation of the law or of provisions adopted pursuant to it, or has otherwise been guilty of errors or omissions, the Social and Health Authorisation and The supervisory authority may issue a written warning to him.

§ 26
Restoration of the right of access to the profession or of the professional title

If the social care professional has been deprived of the right of professional activity for a limited period or time, or has been restricted or has been prohibited from using the professional title of the social care professional, the Social and Health Certificate, and The Office shall, upon application, surrender the right to self-employment, eliminate its limitation or reinstate the right to use the professional title, where the abolition of the right to self-employment or the prohibition of access to the restriction or professional title The cause has stopped. The applicant shall attach to his application an explanation of the cessation of the above reason.

Chapter 4

Outstanding provisions

§ 27
Access to information by the Agency for Social and Health Authorisation and the Agency and the Regional Administrative Agency

The Social and Health Authorisation and Control Agency and the Regional Administrative Agency shall, at their request, have the right, without prejudice to confidentiality rules, to obtain free of charge from the authority of the State, the Municipality and the Municipality of Municipality and the other public-law entities, Social Insurance Institution, pension fund, pension fund, pension fund, social and health care unit, patient insurance centre and pharmacies for the purpose of carrying out the duties provided for in this Act The necessary information and explanations.

ARTICLE 28
Reporting obligation of the Court

The court shall, without delay, send to the Office for Social and Health Authorisation and the Agency a copy of its decision imposing a fine, imprisonment or other sentence on the social security professional in respect of a crime to which A professional social worker has committed a professional activity.

§ 29
In the Official Journal

The prohibition of, or prohibition of, the right to self-employment of, or the right to access to, the professional title of a professional person, or the restoration of the professional title of a professional person, shall be the responsibility of the Office for the Rights of Social Security and Health Be heard immediately in the Official Journal.

ARTICLE 30
Appeals appeal

The decision referred to in Article 19, Article 20 (1) and the decision referred to in Articles 21 to 23 and 25 shall be subject to appeal by the administrative court in accordance with the administrative law (18/06/1996) Provides.

The decision of the Agency for Social Security and Health, other than that referred to in paragraph 1, shall be subject to an application for an adjustment to the administrative law (2003) Provides. The decision on the request for adjustment shall be subject to appeal by the administrative court as provided for in the administrative law.

In the case referred to in Articles 19 to 23 and 25, the administrative right shall be subject to appeal as laid down by the Law on Administrative Law. An appeal against any other decision of the administrative court may be lodged only if the Supreme Administrative Court grants an appeal.

If the Social and Health Authorisation and Control Agency has not adopted a decision within the period laid down in Article 14, the applicant may lodge a complaint. The appeal shall be deemed to have been submitted to the decision rejecting the application. Such a complaint may be lodged until a decision has been taken. The Office for Social and Health Authorisation and Control shall inform the Appellate Authority of the adoption of the decision. The lodging of a complaint referred to in this paragraph and its handling shall otherwise be governed by the provisions of the Administrative Loan Act.

The decisions referred to in Articles 19 to 23 and 25 shall be followed in spite of the appeal.

ARTICLE 31
Advisory Board

The Council of State, for a period of three years, will set up a negotiating body to deliver opinions and take initiatives on the training of professionals in the social services sector, professional activities and cooperation between public authorities.

The composition and functions of the Advisory Board are laid down in greater detail by the Government Decree.

ARTICLE 32
Entry into force and transitional provisions

This Act shall enter into force on 1 March 2016. The Social and Health Authorisation and Control Agency must have a central register of social care professionals in accordance with Article 16 of this Law. Date of August 2016.

Person who has a law on the qualification requirements of professional staff (192/2005) And the eligibility laid down in the Decree of the Council of State, shall be entitled to act in accordance with the law laid down by that law in the task of a professional person who requires legalisation under this law. The right to act as a social security professional shall remain in force until such time as his application as a legal professional under this law has been settled, but not more than 31. Until December 2017. The Office for Social and Health Authorisation and Control shall decide on the application to pursue the profession of legalised professional at the latest within six months of the date of the application.

Any person who has the capacity provided for by the Law on the qualification requirements of the social security professional may act in accordance with the Regulation of the State Council under Article 3 (2) of this Law In the form of a professional category not exceeding 31. Until the end of December 2017, unless he has been registered as a professional person in the central register of social care professionals. The Office for Social and Health Authorisation and Control shall enter the central register no later than six months after the date of notification of the professional in accordance with Article 16 to the authorisation and control agency and the Office has established a person The requirements of the State Council Regulation referred to in Article 3 (2).

Upon the entry into force of this Act, a person satisfying the eligibility criteria laid down by the Law on the qualification requirements of the social security system and the regulation adopted pursuant to it complies with the provisions of this Law Training requirements for granting or registration of a professional title.

THEY 354/2014 , StVM 52/2014, EV 372/2014