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Licensing Regulation for Contract Physicians

Original Language Title: Zulassungsverordnung für Vertragsärzte

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Licensing Regulation for Contractual Doctors (Physicians-ZV)

Unofficial table of contents

Doctors-ZV

Date of completion: 28.05.1957

Full quote:

" Admission regulation for contract doctors in the adjusted version published in the Federal Law Gazette Part III, outline number 8230-25, as last amended by Article 4a of the Law of 20 February 2013 (BGBl. 277). "

Status: Last amended by Art. 4a G v. 20.2.2013 I 277

For more details, please refer to the menu under Notes

Footnote

(+ + + Text proof applicable: 21.12.1983 + + +) 



(+ + + measures due to EinigVtr cf. ZO-Doctors Annex EV;
No more to be used in accordance with the provisions. Art. 1 (6) (d)
DBuchst. bb G v. 21.1.2013 I 91 mWv 29.1.2013 + + +)



Heading: IdF d. Art. 9 No. 1 G v. 21.12.1992 I 2266 mWv 1.1.1993

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Input formula

Pursuant to Section 368c (1) of the Reich Insurance Code, as amended by the Act on Amendments to the Regulations of the Second Book of the Reich Insurance Code and to supplement the Social Court Act (Law on the Law of the Sickness Insurance Law-GKAR) of 17 August 1955 (Bundesgesetzbl. I p. 513), after consultation with the Federal Committee of Physicians and Health Insurance Funds, is ordered with the consent of the Federal Council:

Section I
Medical register

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§ 1

(1) For each admissions district, the cash medical association carries out the register files in addition to the doctor's register. (2) The doctor's register is recorded
a)
the approved doctors and psychotherapists,
b)
Doctors who fulfil the requirements of § 3 and psychotherapists who fulfil the requirements of § 95c of the Fifth Book of the Social Code and have applied for their registration in accordance with § 4.
(3) This Regulation shall apply to:
1.
the psychotherapists and the psychotherapists hired there,
2.
the medical care centers and the doctors and psychotherapists employed there, as well as
3.
the doctors and psychotherapists employed by contract doctors
accordingly. Unofficial table of contents

§ 2

(1) The doctor's register must contain information on the person and professional activity of the physician who are important to the authorisation. (2) The doctor's register shall be carried out on the model of the plant. Unofficial table of contents

§ 3

(1) The registration in the doctor's register must be applied for in the box office of the German Medical Association (§ 4). (2) Conditions for registration are:
a)
the Approbation as a doctor,
b)
the successful conclusion either of a general medical training or further training in another field of expertise with the power to lead a corresponding territorial designation or proof of a qualification, which according to § 95a Paragraph 4 and 5 of the Fifth Book of the Social Code is recognized.
(3) A general medical training within the meaning of paragraph 2 (b) is established if the doctor is entitled under national law to lead the specialist title for general medical practice and this entitlement has been granted after a (4) the general medical training must, without prejudice to its minimum level of training, be granted to doctors and approved bodies for at least five years. five-year duration shall at least meet the requirements laid down in Article 28 of Directive 2005 /36/EC of the European Parliament and of the Council of 7 September 2005 on the recognition of professional qualifications (OJ L 139, 30.4.2005, p. EU No OJ L 255, p. 22, 2007 No 18), and conclude with the acquisition of the specialist title for general medicine. It shall include, in particular, the following activities:
a)
at least six months in the practice of a practised physician authorised to further training in general medical practice,
b)
at least six months in approved hospitals,
c)
no more than six months in other approved establishments or healthcare services dealing with general medical practice, to the extent that the physician is entrusted with a patient-related activity.
(5) Insofar as the activity as a doctor in the internship
a)
in the hospital in the fields of internal medicine, surgery, gynaecology and obstetrics, paediatrics or neurology, or
b)
has been completed in the practice of a registered doctor,
it shall be credited to the training referred to in paragraph 2 (b) up to a maximum period of 18 months. Unofficial table of contents

§ 4

(1) The doctor shall be entered in the doctor's register of the admissions district in which he/she has his residence. If he does not have a place of residence within the scope of this Regulation, he shall be free to choose the doctor's register. (2) The application shall contain the information required for registration. The particulars shall be established, in particular to be accompanied by
a)
the birth certificate,
b)
the certificate of the Approbation as a doctor,
c)
Proof of medical activity after passing the medical examination.
(3) In the event of a copy of the documents referred to in paragraph 2, the documents referred to in paragraph 2 may not be submitted, the facts to be identified shall be made credible. An affidavit of the applicant alone is not sufficient for the credibility of the Approbation as a doctor and the medical activity (paragraph 2 (b) and (c)). Unofficial table of contents

§ 5

(1) If a doctor registered in the doctor's register is not authorised from the former admissions district, he shall be rewritten to his/her application in the relevant medical register for the new place of residence. (2) If a doctor is admitted, he shall be appointed by the office of the doctor. (3) The position to date has to send a register extract and the register files of the doctor of the responsible register-leading office. Unofficial table of contents

§ 6

(1) Admission of a doctor is to be identified in the doctor's register. (2) Facts that are relevant to the admission, its resting, withdrawal or end shall be subject to its own motion or at the request of the doctor, a health insurance association, a sickness insurance fund or a national association of sickness funds in the register files. The doctor is to be heard on the application for registration, if he has not applied for registration himself. (3) Decisions in disciplinary matters which have become indisputable (Section 81 (5) of the Fifth Book of the Social Code), with the exception of the warning, shall be taken to the register records and shall be removed from the register files and destroyed after the expiry of five years after the decision has become unquestionable. Unofficial table of contents

§ 7

The doctor will be removed from the doctor's register if:
a)
he requests it,
b)
he died,
c)
the conditions for its registration pursuant to section 3 (2) (a) are not or are no longer fulfilled,
d)
the conditions laid down in § 3 (2) (b) have been erroneously accepted as given on the basis of incorrect information provided by the physician.
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§ 8

(1) In the case of entries and deletions in the doctor's register and in the register files, the Board of Directors of the Treasury Association or the body designated by the Articles of Association shall decide. (2) The physician shall receive the entries relating to his/her person and the person concerned. Any deletions and repudiation of his applications for registration or deletion shall be written in writing. Unofficial table of contents

§ 9

(1) The health insurance associations, the health insurance companies and the national associations of the health insurance companies may consult the doctor's register and, when a legitimate interest is given, the records of the register. (2) The doctor may or may not be able to take a decision. (3) The register files of the doctors involved in the admission procedure shall be entitled to the admission and appointment committees for the authorisation procedure. (3) To be left to view. Unofficial table of contents

§ 10

(1) The Federal Association of Medical Physicians (Bundesvereinigung Bundesvereinigung) leads the Federal Office of Physicians in accordance with the model of the facility. (2) The cash medical associations shall immediately communicate entries and changes in the medical registers of the Federal Association of Statesmen of Health. (3) The Federal Association of Statesmen and Health (Bundesvereinigung) shall immediately communicate facts which are relevant to the doctor's register to the responsible medical insurance association.

Section II
Education and demarcation of the admissions districts

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§ 11

(1) The registration districts shall be jointly constituted and delimited by the health insurance associations and the national associations of the health insurance funds and the replacement funds. (2) Admission districts shall be established for parts of the district of a health insurance company In the case of the association, the boundaries of the urban and rural districts must be taken into account as a rule. (3) The terminal medical association shall immediately inform the admissions counties in the competent authorities responsible for their official announcements. Publish the sheets.

Section III
Demand Planning

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§ 12

(1) By means of the plans of the health insurance associations, in agreement with the national associations of the health insurance companies and the replacement funds, the requirements planning shall be carried out for the purpose of ensuring the contractual medical care for the medium and long term. (2) The needs plan is for the area of a comprehensive and comparable overviews on the state of contract medical care and the foreseeable development of the needs. (2) Establishment of a health insurance association and the development . A Community requirement plan may also be drawn up for the areas of several health insurance associations, with the agreement of the competent national authorities responsible for social security, if special conditions are (3) The plan of demand shall be based on a regional breakdown of the plan in accordance with the guidelines of the Joint Federal Committee and in accordance with the objectives and requirements of spatial planning and regional planning. The planning area referred to in paragraph 2 shall contain, in particular, the following:
-
medical care also taking into account the groups of doctors,
-
hospital care facilities and other medical care in so far as they are able to provide and provide services of the contract medical care,
-
population density and structure,
-
the extent and nature of the demand for contract medical services, their coverage and their spatial allocation in the context of the contract medical care,
-
transport connections which are important for the supply of contract medical services.
If it is necessary to depart from the guidelines of the Joint Federal Committee on the basis of regional particularities for the provision of needs-based care, the differences must be marked and the particularities are to be presented. If the national law provides for the establishment of a common national body in accordance with § 90a of the Fifth Book of Social Code and should be taken into account, its recommendations should also be considered. (4) The The need plan also forms the basis for advising doctors who are willing to participate in the contract medical care. The health insurance associations should seek to ensure that the doctors in the choice of their contract doctor take account of the supply needs arising from the needs plans. Unofficial table of contents

§ 13

(1) The health insurance associations shall inform other sickness insurance institutions and the municipal associations, insofar as their interests are affected by the planning of needs, and shall be responsible for the preparation and further development of the requirements plans. in good time. Other social insurance institutions and the hospital companies are also to be informed; they can be consulted in the planning of needs. (2) The competent national authorities and the national authorities responsible for the perception of the interests of the Patients and the self-help of chronically ill and disabled persons are to be informed in good time about the establishment and adaptation of the needs plans, so that their suggestions are included in the discussions. (3) The adjusted or adjusted demand plans are the To direct national committees of physicians and health insurance funds. They must be submitted to the supreme national authorities responsible for social security, which they can object to within a period of two months from the date of submission. (4) The health insurance associations, the national associations of the health insurance companies and the Substitute funds are to evaluate the experience gained from the application of the requirements plans at a distance of three years, advise the result together and inform the bodies referred to in paragraph 3 of the evaluation and the results of the deliberation. (5) The The Federal Association of Statesmen and the Association of Health Insurance Funds (Bundesvereinigung) Health insurance associations, the state associations of the health insurance companies and the replacement funds. The Federal Association of Statesmen and the Federal Government of the Health Insurance Funds (Bundesvereinigung) shall evaluate the results in accordance with paragraph 4, advise jointly and the Federal Committee of Physicians and Health Insurance Funds and the Federal Ministry of Health of the Federal Ministry of Health of the Federal Republic of Germany. Inform the evaluation and the results of the consultation. Unofficial table of contents

§ 14

(1) If agreement is not reached on the establishment and further development of the plan of demand between the Association of Sickness Insurance Funds, the national associations of the health insurance companies and the replacement funds, the State Committee of the Doctors and Health Insurance Funds shall -to advise and decide without delay after referral by one of the parties concerned. The first sentence shall also apply in the event that the requirement plan has been objected to by the supreme state authority responsible for social security and that one of the parties has referred the matter to the State Committee. To the extent that further participation is necessary, Section 13 (1) and (2) shall apply. (2) The Land Committee shall participate in its deliberations with the supreme state authority responsible for the social security system. If the Land Committee has been referred to the decision, it shall submit the approved needs plan with the result of the deliberations of the supreme state authority responsible for social security in the framework of the legal supervision. If a non-objection is subject to conditions, it is to be advised once again and, in the event of changes to the demand plan, to be decided again. If the supreme state authority responsible for social security objected to the demand plan, or if it is issuing the demand plan instead of the Land Committee itself, the requested or self-made requirement plan shall be the Land Committee and the Terminal medical association, the national associations of the health insurance companies and the replacement funds, with the justification for the complaint or the replacement cash.

Section IV
Undersupply

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§ 15

If the demand plan has a need for contract doctors for a specific supply area and if the contract physician is not occupied for a period of more than six months, the cash medical association shall have no later than after the end of the contract. This period shall be the date of the date of the conclusion of the contract of the Contracting Party in the sheets provided for in its official notices. Unofficial table of contents

§ 16

(1) The State Committee of Physicians and Sickness Funds has to check from its own office whether a medical undersupply exists or is in danger of being undersupplied in a planning area. The examination shall be carried out in accordance with the actual conditions, taking into account the objective of ensuring and on the basis of the plan of needs; the examination of the requirements of the guidelines of the Federal Committee of Physicians and Health Insurance Funds for the evaluation of a (2) If the Land Committee determines an existing or foreseeable future supply of undersupply, it shall be responsible for the health insurance of the health insurance company. association, within a reasonable amount to be determined by the association Deadline for the elimination of the sub-supply. The Land Committee may recommend certain measures. (3) If the existing or foreseeable future sub-supply is to be extended even after the deadline has expired, the Land Committee shall determine whether the provisions of Section 100 (2) of the Fifth Book of the Subcommittee The Social Code provides for certain conditions for restrictions on admission and for the elimination of the existing or foreseeable future undersupply with binding effect for one or more admissions committees To order admission restrictions. The admissions committees concerned must be heard before the order is arranged. (4) For the duration of the existing or foreseeable future sub-supply, restrictions shall be allowed:
a)
rejection of authorisations in areas of authorisation districts situated outside the areas identified as underserved by the Land Committee;
b)
Refusal of authorisations for certain groups of doctors in the areas referred to in point (a).
(5) The Admissions Committee may, on a case-by-case basis, authorise an exemption from a restriction of authorisation if the rejection of the authorisation for the doctor would constitute an undue hardship. (6) The Land Committee has to do so at the latest after six months at the latest. check whether the conditions for the placement of restrictions on admission are still in place. The second sentence of paragraph 3 shall apply. (7) The order and the lifting of restrictions on admission shall be published in the sheets provided for official notices of associations of the treasury.

Section IV a
Oversupply

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§ 16a

(dropped) Unofficial table of contents

§ 16b

(1) The Land Committee shall, from its own point of view, have to examine whether there is a medical oversupply in a planning area. Oversupply is to be assumed if the general demand-oriented supply level is exceeded by 10 per hundred. In this connection, the standards, principles and procedures laid down in the guidelines of the Federal Committee of Physicians and Health Insurance Funds must be taken into account. (2) If the Land Committee finds that there is an oversupply, it shall have a binding effect on it. (3) At the latest after six months at the latest, the Land Committee shall check whether the conditions for admission are subject to the conditions laid down in the Social Code. shall continue to be subject to the order of authorisation restrictions. If the conditions are not met, the Land Committee, with a binding effect on the admissions committees, shall immediately lift the restrictions on admission. The second sentence of paragraph 2 shall apply. (4) The arrangement and cancellation of restrictions on admission shall be published in the sheets provided for official notices of associations of treasury associations.

Section V
Requirements for authorisation

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§ 17

(dropped) Unofficial table of contents

§ 18

(1) The application must be made in writing. The application shall indicate the contract doctor's seat and the name of the doctor's name for which the authorisation is to be applied. The application shall be accompanied by
a)
an extract from the doctor's register, from which the day of the approval, the date of entry into the doctor's register and, where applicable, the day of recognition of the right to lead a particular specialist, specialisation or additional name ,
b)
certification of the medical activities carried out since the time of the trial;
c)
where appropriate, a declaration in accordance with Article 19a (2), first sentence, with which the supply contract following the authorisation is limited to one half.
(2) The following shall also be attached:
1.
a curriculum vitae,
2.
a police certificate,
3.
Certificates of the health insurance associations in whose area the doctor has so far been established or admitted to the office in which the place and duration of the previous establishment or approval and the reason for a possible termination ,
4.
a statement of service or employment relationships at the time of application, indicating the earliest possible end of the employment relationship;
5.
a statement by the doctor as to whether he is drug-dependent or alcohol-dependent, or has been within the last five years, whether he has been subject to a drug or alcohol dependence within the last five years and that he has been subject to a drug or alcohol dependency; and the legal obstacles to the exercise of the medical profession are not precluded.
(3) officially certified copies may be attached instead of original documents. (4) If the documents referred to in paragraph 1 (b) and in paragraph 2 (c) cannot be submitted, the facts to be detected shall be credible (5)

Section VI
Authorisation and contract residency

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§ 19

(1) The application shall be made by decision of the Admissions Committee. On the grounds of admissions restrictions, an application may be refused only if they have already been ordered at the time of application. (2) If the doctor is admitted, the decision shall fix the date until the date of the contract medical service , If there are important reasons, the admissions committee may subsequently fix a later date at the request of the doctor. (3) If the contract medical activity does not take place in a planning area affected by authorisation restrictions within the scope of the of three months after the date of notification of the decision on admission, the authorisation shall end. (4) In a planning area without restrictions on admission with a general needs-based level of supply as of 100 per cent, the Authorisation Committee shall be granted a temporary admission. Unofficial table of contents

§ 19a

(1) The authorisation requires the doctor to perform the contract medical service in full. (2) The doctor is entitled to make his/her supply contract to the half of the supply contract by means of a written declaration to the Admissions Committee. in accordance with paragraph 1. The restriction of the supply order shall be determined either in the framework of a decision pursuant to § 19 (1) or by separate decision. (3) At the request of the physician, a limitation of the supply order pursuant to paragraph 2 sentence 2 may be made by Decision to be repealed. The application must be made in writing. The provisions of this section shall apply. Unofficial table of contents

§ 20

(1) An employment relationship or another non-volunteer activity is contrary to the suitability for the performance of the contract medical activity if the physician, taking into account the duration and time of the other activity. the insured person is not available in person in the amount corresponding to his supply contract and, in particular, is unable to offer office hours at the times customary in the contract medical care. A doctor is also available for the care of the insured persons to the required extent if, in addition to his contract medical activities, he works within the framework of a contract in accordance with § § 73b, 73c or 140b of the Fifth Book of Social Code (2) For the purposes of carrying out the work of a contract medical practitioner, a doctor who exercises a medical activity which is not compatible with the activity of the contract doctor at the contract doctor's seat is not suitable. The activity in or cooperation with an approved hospital according to § 108 of the Fifth Book of Social Code or a pre-care or rehabilitation facility according to § 111 of the Fifth Book of the Social Code is with the activity of the (3) A doctor who has the grounds for impediment referred to in paragraphs 1 or 2 may be admitted on condition that the reason for his suitability will be removed no later than three months after the date of the date of removal, in the case of that the decision on the authorisation has become indisputable. Unofficial table of contents

Section 21

A doctor who is not only temporarily incapable of being temporarily incapable of carrying out the contract for medical or other serious reasons is not suitable for carrying out the work of the contract medical profession. . This may be presumed, in particular, if it has been drug-dependent or alcohol-dependent within the last five years prior to its application. If it is necessary to take a decision on the inadequacy of the performance of the contract medical practice referred to in the first sentence, the admissions committee shall require the person concerned to ensure that the person concerned is within a reasonable period of time specified by the admissions committee. The opinion of a doctor appointed by the admissions committee about his state of health is presented. The opinion must be based on an investigation and, if this is considered necessary by a local doctor, also on a clinical observation of the person concerned. The person concerned shall bear the costs of the opinion. Appeals against the order of sentence 3 do not have suspensive effect. Unofficial table of contents

§ § 22 u 23 (omitted)

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§ 24

(1) Admission shall be made for the place of establishment as a doctor (contract doctor's seat). (2) The contract doctor must keep his office hours at the contract doctor's office. (3) Contract medical activities outside the contract doctor's seat in other places are permissible, where and where
1.
this will improve the supply of insured persons in other places; and
2.
the proper care of the insured persons at the place of the contract medical itc is not affected; minor adverse effects on the supply of the place of the contract medical itch are negligable if they are due to the improvement of the supply of to the rest of the place.
It is not necessary for the services offered in other places to be offered in a similar manner to the contract doctor's seat, or that the specialist area of a doctor working in the branch office is also represented at the contract physician's office. Exceptions to the principles set out in sentence 2 may be laid down in the German Federal Treaty. Regulations for the distribution of the activity between the contract physician's office and other places, as well as minimum and maximum times, do not apply to medical care centres for the individual doctor working in the medical care centre. If the other places are located in the district of the terminal medical association in which the contract doctor is a member, he shall be entitled to prior authorisation from his health insurance association in the presence of the conditions laid down in the first sentence. If the other places are located outside the district of the association of his or her health insurance association, the contract doctor shall be entitled to authorisation by the admissions committee, in the district of which he is active, in the presence of the conditions laid down in the first sentence of sentence 1. The admissions committee, in whose district he has his contract medicine seat, as well as the participating health insurance associations, are to be heard before the decision is taken. The contract doctor authorised in accordance with the provisions of the sixth sentence may also employ the doctors appointed for the work on his/her contract doctor's seat in the course of his/her work in the further place. He may also apply to doctors for the activity in the further place in accordance with the provisions which would apply to him as a contract doctor if he were to be admitted to the further place. The authorising committee responsible for issuing the authorisation pursuant to the sixth sentence shall be the competent authority for the authorisation of the appointment in accordance with the first sentence of the sentence. No authorisation shall be required for the activities of a contract doctor in one of the other Contracting Medical seats of a member of the local professional training community in accordance with Section 33 (2) of which he is a member. (4) The authorisation and authorisation to be taken up. Further contractual medical activities referred to in paragraph 3 may be granted with secondary provisions if this is to ensure the fulfilment of the contract doctor's obligation to supply the contract doctor at the contract physician's office and in the other places, taking into account the Participation of employed physicians is required. The contract doctor provides special examination and treatment services in other places in close proximity to the contract physician's office (outsourced practice rooms), he has the place and the following services are available. (6) A doctor may only change the name of the specialist doctor with which he is authorised, subject to the prior approval of the admissions committee. (7) The Admissions committee may apply for a contract doctor's application of his or her contract physician only if the reasons for the supply of the contract are not contrary to the provisions of the contract. Unofficial table of contents

Section 25

(dropped)

Section VII
Rest, deprivation and end of admission

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Section 26

(1) The Admissions Committee shall decide whether or not to grant the authorisation of a contract doctor in full or in half if the conditions set out in Section 95 (5) of the Fifth Book of the Social Code are fulfilled and if the reasons for the assurance of the (2) Facts which may require the application of the authorisation, the physician, the health insurance association, the health insurance companies and the national associations of the health insurance companies shall have the right to request the admission committee (3) The decision shall specify the time of rest. (4) On the dormant Registrations are a special directory for the Association of Treasury Doctors (Register Office). Unofficial table of contents

§ 27

The Admissions Committee has to decide on its own account of the full or half withdrawal of the authorisation if the conditions are fulfilled in accordance with Article 95 (6) of the Fifth Book of Social Code. The Association of Sickness Insurance Funds and the national associations of the health insurance companies as well as the replacement funds may request the withdrawal of the authorisation from the Admissions Committee, stating the reasons. Unofficial table of contents

§ 28

(1) The waiver of the authorisation shall take effect with the end of the quarter of the calendar year following the receipt of the waiver of the contract doctor's waiver with the Admissions Committee. This period may be shortened if the contract doctor proves that the further exercise of the contract medical activity for the entire duration or part of the period is unreasonable for him. If admission ends for other reasons (Section 95d (3) and (5) and Article 95 (7) of the Fifth Book of Social Code), the date of its end shall be determined by the decision of the Admissions Committee. (2) Facts which result from the end of admission; , the Association of Sickness Funds, the sickness funds and the national associations of the health insurance companies shall inform the Admissions Committee. Unofficial table of contents

§ § 29 and 30 (omitted)

Section VIII
Empowerment

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Section 31

(1) The admissions committees may, in addition to the circle of approved doctors, be able to provide additional doctors, in particular in hospitals, prevention and rehabilitation facilities, in-patient care facilities and vocational rehabilitation facilities. or, in special cases, bodies to participate in the supply of the contract, empower, where necessary,
1.
to avert an existing or imminent undersupply in accordance with § 100 (1) of the Fifth Book of the Social Code or to cover an additional local supply requirement established pursuant to Article 100 (3) of the Fifth Book of Social Code or
2.
provide a limited number of persons, such as rehabilitation centres in vocational rehabilitation centres or employees of a remote or temporary establishment.
(2) The Federal Association of Statesmen and the Federal Government of the Health Insurance Funds (Bundesverband Bund der Krankenkassen) may, in the case of the German Federal Treaty, apply provisions which, in addition to the conditions set out in paragraph 1, provide for the provision of certain medical services in (3) Under the conditions laid down in paragraph 1, doctors ' associations may also be able to participate in doctors who do not possess an Approbation under German law. empower contract medical care provided that they are provided by the competent authority (4) (dropped) (5) The Bundesvereinigung und der Spitzenverband Bund der Krankenkassen (Federal Association of Sickness Insurance Funds) and the Federal Association of the Health Insurance Funds (Bundeswalled) have regulations governing the use of the medical profession in the German Federal Sickness Insurance to make the authorisation of doctors who are nationals of a Member State of the European Union or of another State Party to the Agreement on the European Economic Area or of a Contracting State, of Germany and of European Community or Germany and the European Union have been contractually entitled to the right to temporary provision of services within the meaning of Article 50 of the Treaty establishing the European Community or to Article 37 of the Treaty establishing the European Community of the Agreement on the European Economic Area. (6) The request for authorisation shall be addressed in writing to the Authorisation Committee. He shall be accompanied by the instrument of approbation and the declarations referred to in Article 18 (2) (5). Section 18 (3) shall apply mutagenically. (7) The authorization shall be determined in time, in space and in its scope. The authorization decision shall also state whether the authorised physician can be used directly or on transfer. The rates 1 and 2 do not apply to appropriations according to § 119b of the Fifth Book of the Social Code. (8) A doctor may not be authorized if the reasons mentioned in § 21 are not suitable for participation in the contract medical care. to appear. Authorisation shall be withdrawn if it is subsequently known that the grant of the authorization has provided grounds for failure within the meaning of the first sentence. It shall be revoked if it is not subsequently achieved by a reason in the person of the physician of the purpose pursued by the empowerment. The rates 1 to 3 shall apply mutatily if institutions are authorized. (9) (omitted) (10) The Treasury Association (register office) shall carry out a special list of the appropriations in the appropriations. Unofficial table of contents

Section 31a

(1) The admissions committees shall be entitled to doctors who:
1.
in a hospital,
2.
in a pre-care or rehabilitation facility with which a supply contract is made pursuant to Section 111 (2) of the Fifth Book of Social Code, or
3.
in accordance with § 119b (1) sentence 3 and 4 of the Fifth Book of the Social Code in a stationary care facility
, to participate in the contract medical care of the insured persons, in so far as they have a corresponding completed further training and the institution of the institution in which the physician is active agrees. Authorisation shall be granted to the extent and for as long as sufficient medical care is not provided for the insured persons without the special examination and treatment methods or knowledge of doctors suitable for this purpose in accordance with sentence 1. (2) The application by a doctor referred to in the first sentence of paragraph 1 to the authorization shall be addressed in writing to the Admissions Committee, in whose area the institution in which the doctor is active is situated. He/she is the certificate and declarations referred to in § 31 (6), the document from which the authorization to lead a territorial name is obtained, and a written consent form by the institution of the institution in which the doctor is active. is to be attached. Section 18 (3) shall apply accordingly. (3) § 31 (7) to (10) shall apply accordingly.

Section IX
Representatives, assistants, employed doctors and professional training community

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Section 32

(1) The contract doctor has to exercise the contract medical practice personally in free practice. In the event of illness, holidays or participation in medical training or in a military exercise, he/she may be represented within twelve months up to a period of three months. A contract doctor may be present at a time of direct connection with a period of time of up to 12 months. If the representation lasts longer than one week, it must be communicated to the Association of Statesmen of Health. The contract doctor may, in principle, be represented only by another contract doctor or by a physician who satisfies the requirements of section 3 (2). If, within twelve months, the duration of the representation exceeds one month, the Association of Doctors ' Associations shall be able to verify with the contract doctor or the representative whether the representative fulfils the conditions set out in sentence 5 and does not have any inadequacy in respect of: § 21. (2) The employment of assistants according to § 3 (3) requires the approval of the Association of Statesmen of the Treasury. In addition, the contract doctor may only employ a representative or an assistant,
1.
if this is carried out in the context of initial or continuing training or in order to ensure the provision of the contract medical care,
2.
during periods of education of children up to a period of 36 months, with a non-contiguous period of time, and
3.
during the care of a close family in a residential area in need of care, up to a period of six months.
The terminal medical association may extend the periods referred to in the second and third sentences of the second sentence. The employment of a representative or assistant requires the prior approval of the Association of Doctors ' Associations. The duration of employment is temporary. The authorisation shall be revoked if the employment of a representative or assistant is no longer justified; it may be revoked if there are reasons in the person of the representative or assistant who are responsible for the withdrawal of the contract doctor (3) The employment of an assistant must not be used to increase the practice of the cashier or to maintain an excessive level of practice. (4) The contract doctor has representatives and assistants to fulfil the requirements of the to comply with the obligations of the contract. Unofficial table of contents

Section 32a

The authorized physician shall exercise the contract medical activity determined in the authorization decision in person. In the event of illness, holidays or participation in medical training or in a military exercise, he/she may be represented within twelve months up to a period of three months. Sentence 2 shall not apply to appropriations in accordance with Article 31 (1) (b). Unofficial table of contents

Section 32b

(1) The contract doctor may apply to doctors in accordance with § 95 (9) and (9a) of the Fifth Book of Social Code. In the national contracts, uniform rules must be laid down on the number of doctors employed in employment, taking into account the obligation to supply the contract doctor who is to be employed. (2) The employment needs of the applicant Approval of the Admissions Committee. For the application, § 4 (2) to (4) and § 18 (2) to (4) apply accordingly. Section 21 shall apply accordingly. § 95d (5) of the Fifth Book of the Social Code applies accordingly. (3) The doctor has to stop the physician employed in order to fulfil the obligations of the contract. (4) The medical insurance association is responsible for the medical treatment of the employed physicians. (5) At the request of the contract doctor, an appointment approved in accordance with paragraph 2 is to be converted by the admissions committee into an authorisation, provided that the extent of the contract medical activity of the employee in question is is equivalent to a full or half supply contract; requests the applicant If the contract doctor does not at the same time at the Association of Doctors ' Associations to carry out a post-appointment procedure in accordance with § 103 (4) of the Fifth Book of Social Code, the previously employed doctor will be the holder of the authorisation. Unofficial table of contents

§ 33

(1) The sharing of practice spaces and practice facilities, as well as the joint employment of auxiliary staff by several doctors, is permitted. The terminal medical associations shall be informed accordingly. The joint employment of physicians and dentists is not permitted; this does not apply to medical care centres. (2) The joint exercise of the contract medical practice is permitted under all the contract medical care authorized service providers at a joint contract arztsitz (local professional training community). It is also admissible if the members of the Professional Training Community (inter-local professional training community) are different from the contract doctor, if the fulfilment of the duty of the respective member is fulfilled by his/her contract doctor's office at Consideration of the participation of employed physicians and psychotherapists is guaranteed to the extent necessary, and the member and the doctors and psychotherapists employed by him only in the contract doctor's seats of the other members are guaranteed in shall be of limited duration. The joint professional exercise, based on individual benefits, shall be permitted provided that such exercise does not include circumvention of the prohibition on the allocation of insured persons against payment or other economic benefits under Article 73 (7) of the Fifth Book Social Code. A circumvention shall in particular be provided if the doctor's contribution to the provision of medical and technical services is limited, at the instigation of the other members of a professional training community, or if the profit is without reason in a It will be distributed in a manner which does not correspond to the share of the services provided in person. The arrangement of a performance, in particular from the fields of laboratory medicine, pathology and imaging procedures, does not constitute a pro-rata pro-rata performance in this sense. (3) The professional training community requires the prior approval of the Admissions Committee. The competent admissions committee shall be the subject of an agreement between the Association of Occupational Doctors and the Association of Occupational Health Insurance and the Association of Contractual Doctors in several admissions counties of a health insurance association for local professional training communities with a contract physician. National associations of the health insurance companies and the replacement funds are determined. Where a local professional training association has members in several associations of cashers, it shall elect the contract doctor's seat, which shall be relevant for the approval decision as well as for the entire service provision. of the local rules applicable to the local professional training community, in particular for remuneration, accounting and accounting, economic and quality audits. The choice shall be made irrevocably for a period of at least two years. Authorisation may be granted subject to conditions where this is necessary in order to meet the requirements laid down in paragraph 2, as is the case for more detailed rules in the national contracts.

Section X
Admissions and Appellate Committees

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Section 34

(1) The admission committee consists of six members, each consisting of three representatives of the doctors and the health insurance funds as well as of deputies in the necessary number. (2) The representatives of the health insurance funds shall be from the national associations of the health insurance companies and order the replacement box together. If a common order does not occur, the representatives are drawn from the number of persons proposed by the regional associations of the health insurance companies and the replacement funds. (3) The term of office of the members is four years. (4) Scheidet a member prematurely, so reorder takes place. The term of office of newly appointed members shall end with the term of office of the other members pursuant to paragraph 3. (5) A member may be dismissed for an important reason by the body from which it is appointed. The honorary office of the non-approved doctor ends with its approval. (6) The deposit of the honorary office must be made in writing to the admissions committee. (7) The members of the committees shall be entitled to reimbursement of their cash expenses and compensation for loss of time in accordance with the principles applicable to the members of the bodies of the bodies responsible for the bodies responsible for the bodies. (8) The costs of the admissions committees are, in so far as they are not covered by fees, the half of the cash medical association on the one hand and the national federations of the other Sickness funds and the replacement funds, on the other hand-by the latter in accordance with the number of insured persons of their Member States-are borne by the latter. (9) The rules shall apply mutagenic to the members of the substitutes. Unofficial table of contents

§ 35

(1) The Appellate Committee consists of a chairperson with the qualifications of the judge's office and of three representatives of the doctors and the health insurance companies. (2) The provisions of § 34 shall apply accordingly. (3) The members of an admissions committee may not be both co-sitters in the Appellate Committee responsible for the Admissions Committee.

Section XI
Procedures before the admissions and appeals committees

1.
Authorisation Committee for Doctors

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§ 36

(1) The Admissions Committee shall decide in meetings. (2) In the cases of § 140f (3) of the Fifth Book of the Social Code, patients ' representatives shall be required to comply with a period of two weeks, indicating the Agenda to be loaded. Unofficial table of contents

Section 37

(1) The Admissions Committee shall decide after oral proceedings on authorisations and on the withdrawal of authorisations. In all other cases, the Admissions Committee may take an oral hearing. (2) The Association of Sickness Insurance Funds, the national associations of the sickness funds and the replacement funds, as well as the doctors involved in the procedure, are subject to compliance. a period of two weeks for oral proceedings; the summons shall be sent. It may also be negotiated in the absence of interested parties, if it is pointed out in the summons. Unofficial table of contents

§ 38

Requests for payment are only negotiated after payment of the fee to be paid in accordance with § 46. If the fee is not paid within the time limit set by the request, the application shall be deemed to be withdrawn unless the chairman is stunted by the fee. The payment deadline and the consequences of non-compliance are to be noted in the request. Unofficial table of contents

§ 39

(1) The admissions committee shall collect the evidence it deems necessary. (2) The experts and respondents who have been contacted by the Admissions Committee shall receive remuneration or compensation in accordance with the judicial and judicial remuneration and -indemnity law. Unofficial table of contents

§ 40

The session is not public. It shall start from the point of view of the matter in the presentation of the facts by the chairman or the member appointed by him as rapporteur. The chairman is responsible for negotiating, advising and voting. The chairman shall have the effect of ensuring that the facts are sufficiently clarified. Any member of the Admissions Committee may ask relevant questions and requests. Unofficial table of contents

Section 41

(1) Consultation and decision-making shall take place in the absence of the parties involved in the proceedings. The presence of a document guide for the Admissions Committee provided by the Association of Treasury Doctors shall be permitted. In the cases of § 140f (3) of the Fifth Book of the Social Code, patients ' representatives participate in the meetings with a consultative vote; they have a right to be present in decision-making. (2) Decisions can only be taken with regard to: the full composition of the admissions committee. Abstention is inadmissible. (3) The outcome of the proceedings and the proportion of votes shall be kept silent. (4) The result of the proceedings shall be laid down in a decision. The decision shall specify the name of the admissions committee, the members involved in the decision-making process and the date of the decision-making. The decision shall be accompanied by reasons and shall be signed by the chairman and a representative of the doctors and the sickness funds. The decision shall be accompanied by an instruction concerning the admissibility of the appeal, the time limit to be observed and the seat of the relevant appeal committee. (5) The decision shall be sent to the parties concerned as soon as the decision is taken; a further The terminal medical association for the register files is given out. In the cases of § 140f (3) of the Fifth Book of Social Code, the patients ' representatives receive a copy of the decision. The admission committee may decide that other bodies shall also receive copies of the decision if they demonstrate a legitimate interest. (6) (omitted) Unofficial table of contents

§ 42

A transcript is to be produced for each session. It should include the names of the participants, the applications and essential declarations of the participants, the outcome of the evidence survey and the decisions taken. The minutes shall be signed by the chairman. The patients ' representatives will receive a copy of the agenda items of the meeting, which they have advised in accordance with § 140f (3) of the Fifth Book of the Social Code. Unofficial table of contents

Section 43

The files of the admissions committee shall be kept for a period of five years, in the form of the minutes and the documents of the decisions.

2.
Appeals Committee for Doctors (Appeal procedure)

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Section 44

The objection shall be submitted in writing or to the minutes of the office of the Appellate Committee to the Appeal Committee. It must designate the decision against which it is directed. Unofficial table of contents

§ 45

(1) The objection shall be deemed to be withdrawn if the fee in accordance with Section 46 is not paid within the time limit laid down. The period of payment and the consequences of non-compliance are to be noted in the request. (2) The objection can be rejected without oral proceedings if the appeal committee decides unanimously to reject it. (3) The rules § § 36 to 43 shall apply accordingly.

Section XII
Fees

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Section 46

(1) The following fees shall be charged for the procedure:
a) in the case of application for registration of the doctor in the doctor's register... 100 Euro
b) at the request of the doctor or the medical care centre for admission 100 Euro
c) in the case of other applications with which the doctor, medical care centre or other medical institution has the right to decide on the decision of the admissions committee .......... 120 Euro
d) in the event of an objection by which the doctor, medical care centre or other medical institution seeks to amend an administrative act ............................ 200 Euro.
The fees are due with the lodging of the application or the filing of the objection. Where a contradiction is made in whole or in part, the fee paid in accordance with point (d) shall be repaid. (2) Except for the fee referred to in paragraph 1, the administrative fees shall be:
a) after an authorisation which has become indisputable .. 400 Euro
b) after the registration of an authorisation based on § 31 (1) to (3) or § 31a (1), into the list according to § 31 paragraph 10 ....... 400 Euro
c) after approval of the appointment of a doctor with a contract doctor, in a medical care centre according to § 95, para. 2 of the Fifth Book of Social Code or of an institution pursuant to § 311 (2) of the Fifth Book of Social Law ......... 400 Euro
d) after the registration of a permit pursuant to section 32b (2) has been entered in the register in accordance with Section 32b (4) .... 400 euros.
(3) It is necessary to pay
a)
the fees referred to in point (a) of paragraph 1 of this Regulation to the Association of
b)
the fees referred to in paragraph 1 (b) and (c) and (2) (a) and (b) to the office of the admissions committee;
c)
the fee referred to in paragraph 1, point (d), to the office of the Appellate Committee.

Section XIII
Transitional and final provisions

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§ 47

(1) This admission regulations shall enter into force on the first of the month following the announcement. (2) § § 25 and 31 (9) shall apply only to applications submitted by psychotherapists, which shall be submitted after 31 December 1998. Unofficial table of contents

§ § 48 to 52 ----

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Section 53

(1) After the entry into force of this authorisation scheme, medical registers shall be established in accordance with the model prescribed in § 2. (2) bis (4) Unofficial table of contents

§ 54

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§ 55

(1) This Regulation shall apply in accordance with Section 14 of the Third Transfer Act of 4 January 1952 (Bundesgesetzbl. I p. 1) in conjunction with Article 3 (2) of the Law on Veterinary Law, also in the Land of Berlin ... (2) Unofficial table of contents

Final formula

The Federal Minister for Labour Unofficial table of contents

Annex (to § 2 para. 2)

(Fundstelle: BGBl. I 1988, 2574)
 Pattern for the doctor's register 

The doctor's register shall contain the following information:
1. Running number ............................................................
2. Name and title .............................................................
3. First name ............................................................
4. Place of residence ....................................................
5. Date of birth and place of birth ......................................
6. a) Apartment address .......................................
b) Practice address .........................................................
7. Nationality ........................................................
Knowledge of foreign languages ............................................................
9. Date of state examination ........................................
10. Date of Approbation ......................................
11. Date of Promotion ........................................
12. Date of specialist medical recognition and specialist area
13. Lower than
Prakt. Doctor ........................ from ................
Doctor for ....................... from ...............
14. practising other medical activities ....................
15. Added on ..........................................
16. Added to the ..............................................
17. Admission terminated at .......................................
18. Admission has been in place since ........................................................
19. Admission revoked on ..............................................................
20. Approbation removed from the ........................................
21. Approbation has been resting since ......................................................
22. Prohibition of a professional ban on ..........................
23. In the doctor's register deleted on ..............................
24. Notices ........................................................