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Law on the professions in the care of the elderly

Original Language Title: Gesetz über die Berufe in der Altenpflege

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Law on the professions in the care of the elderly (Altennursing Act-AltPflG)

Unofficial table of contents

AltPflG

Date of completion: 17.11.2000

Full quote:

" Geriatric Care Act in the version of the Notice dated 25 August 2003 (BGBl. I p. 1690), most recently by Article 1 of the Law of 13 March 2013 (BGBl. I p. 446)

Status: New by Bek. v. 25.8.2003 I 1690
Last amended by Art. 1 G v. 13.3.2013 I 446

For more details, please refer to the menu under Notes

Footnote

(+ + + Text evidence from: 1.8.2001 + + +) 

The G was referred to as Article 1 (d). G v. 17.11.2000 I 1513 (AltPflG/KrPflG1985ÄndG) approved by the Bundestag with the consent of the Bundesrat. It occurs gem. Art. 4, first sentence, and 2 of this G mWv 1.8.2001 in force. § 4 (6) and § 9 shall enter into force on 25.11.2000.
The entry into force of the G will be in accordance BVerfGE v. 22.5.2001 I 1042 until the decision on the compatibility of the G with the GG, at least for a period of six months, is suspended at the time of the event. The entry into force of Article 2 of the Altennursing Act remains unaffected by this. BVerfGE v. 18.6.2001 I 1592-2 BvQ 48/00-. The injunction v. 22.5.2001 I 1042 becomes gem. Decision of the BVerfG v. 7.11.2001 I 3505 repeats; injunction v. 22.5.2001 I 1042 gem. Decision of the BVerfG v. 29.4.2002 I 1678 (2 BvQ 48/00) repeated again.
The G is in accordance with. BVerfGE v. 24.10.2002 I 4410-2 BvF 1/01-on 1.8.2003 in force. § 4 (6), § § 9 and 25 shall enter into force. This decision shall enter into force on 25.10.2002; § 1 no. 2, § 2 para. 3 sentence 6 to 9, § § 10 to 12 u. Section 29 (3) is incompatible with Art. 70, Art. 74 (1) GG. Void.

Section 1
Permission

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§ 1

The professional titles "geriatric nurse" or "geriatric nurse" may only lead to persons who have been granted permission to do so. Persons with a licence in accordance with the first sentence, who have an education according to § 4 (7), are entitled, within the scope of the extended competencies provided for them in this training, to carry out curative activities. Unofficial table of contents

§ 1a

Elderly nurses who are nationals of a Contracting State of the European Economic Area carry out the professional title in accordance with § 1 within the scope of this law without permission, provided that they are active in their professional activities as temporary and occasional services within the meaning of Article 50 of the EC Treaty, within the scope of this Act. However, they are subject to the obligation to notify and to check in accordance with this law. The same applies to third countries and to third country nationals, as far as the recognition of qualifications under the law of the European Communities provides for equality. Unofficial table of contents

§ 2

(1) The permission in accordance with § 1 shall be granted on request, if the applicant
1.
completed the training prescribed by this law and passed the required examination,
2.
has not found itself guilty of conduct which results in the unreliability of the profession,
3.
is not unsuitable for the exercise of the profession in health terms, and
4.
has the knowledge of the German language required for the exercise of professional activity.
(2) The authorisation shall be withdrawn if any of the conditions laid down in paragraph 1 (1) have not been fulfilled. The permission shall be revoked if the condition referred to in paragraph 1 (2) has subsequently been omitted. The permission may be revoked if the condition referred to in paragraph 1 (3) has subsequently been omitted. In addition, the statutory provisions corresponding to § § 48 and 49 of the Administrative Procedure Act remain unaffected. (3) Subject to the provisions of paragraphs 4 and 5, in the case of outside the scope of this law and outside the scope of this Act of a completed training acquired by another Contracting State of the European Economic Area, the conditions set out in paragraph 1 (1) are fulfilled if the equivalence of the training level is given. The level of training must be regarded as equivalent if the training of the applicant does not differ significantly from that in that Act and in the Training and Examination Regulation for the occupation of the elderly person and the applicant The invention relates to a method for controlling the use of a Substantial differences within the meaning of the second sentence shall be provided if:
1.
the duration of the training provided by the applicant is at least one year under the duration of the training provided for in that law,
2.
their training is related to fields of learning which differ significantly from those prescribed by the training provided for in this Act and the Geriatric Care Training and Examination Regulation; or
3.
the profession of the elderly nurse and the elderly nurse comprises one or more regulated activities which do not form part of the profession of the person responsible for the care of the elderly and the elderly care person in the country of origin of the applicant's persons , and if this difference exists in a special training which is required under this Act and the Geriatric Care Training and Examination Ordinance and refers to learning fields which differ significantly from those of covered by the evidence of formal qualifications to be provided by the applicant , and
the applicant shall not be able to fully or partially compensate the applicant in the course of his professional practice, irrespective of the State in which he or she has been acquired. Learning fields differ materially if their knowledge is an essential condition for the exercise of the profession and the training of the applicant is significant in terms of duration or content compared with the training in accordance with this law; the last sentence of the third sentence shall apply accordingly. Where the equivalence of the level of training provided for in the first sentence is not the case, or if it can be determined only with an unreasonable amount of time or effort, because the required documents and evidence are not available in the person where the applicant or the applicant is not able to be submitted, an equivalent level of knowledge must be demonstrated. Evidence of equivalent knowledge and skills shall be provided by an adaptation period not exceeding three years, or by the placing of an examination covering the content of the State examination. The competent authority may, on a case-by-case basis, provide for an aptitude test to cover the significant differences identified. (3a) Paragraph 3, Sentences 1 to 4 shall apply mutagenly to applicants who have received a certificate of aptitude. Evidence of formal qualifications from a State which is not a Contracting State of the European Economic Area (third country), which has been recognised in another Contracting State of the European Economic Area. In order to compensate for the significant differences observed, the applicant shall have a maximum of three years ' adaptation period or an aptitude test covering the significant differences identified, to demonstrate that they have the knowledge and skills required to pursue the profession of elderly care nurse or elderly care worker in Germany. You have the right to choose between the adaptation period and the aptitude test. (4) For persons applying for a permit pursuant to § 1, the condition set out in paragraph 1 (1) shall be deemed to be fulfilled if from one in another Contracting State of the The European Economic Area (Diploma) obtained in the European Economic Area indicates that the holder or holder of the diploma has completed an apprenticeship in that State for access to a profession corresponding to the profession of the elderly care nurse and the elderly care provider. is required. Diplomas within the meaning of this Act are evidence of formal qualifications as referred to in Article 3 (1) (c) 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 327, 30.12.2005, p. EU No OJ L 255, p. 22, 2007 No 18), as amended, which certify that the professional qualifications level of the holder or the holder is at least directly below the level referred to in Article 11 (1) (c) of Directive 2005 /36/EC. The second sentence shall also apply to a training certificate or to a set of evidence of formal qualifications issued by a competent authority in a Member State, provided that it has completed a completed training acquired in the Community. , which have been recognised as being equivalent by that Member State and give the same rights or prepare for the exercise of that profession in respect of the taking up or pursuit of the profession of the elderly nurse and of the elderly care worker. The second sentence shall also apply to professional qualifications which, while not complying with the requirements laid down by the laws, regulations or administrative provisions of the home Member State for the taking up or pursuit of the profession of the elderly nurse and the elderly nurse, shall apply to: However, the holder and the holder shall, in accordance with the law of the home Member State, give rights acquired in accordance with the rules applicable there. Applicants with a certificate of formal qualifications from a Contracting State of the European Economic Area must complete an adaptation period of no more than three years or take an aptitude test if:
1.
their proven duration of training is at least one year under the duration of the training provided for in that law,
2.
their training is related to fields of learning which differ significantly from those prescribed by the training provided for in this Act and the Geriatric Care Training and Examination Regulation,
3.
the profession of the elderly nurse and the elderly nurse comprises one or more regulated activities which, in the Member State of origin of the applicant, do not form an integral part of the profession of the elderly nurse and the elderly care worker If this difference exists in a special education, which is required under this law and the geriatric care training and examination regulation, and refers to learning fields which differ significantly from those, covered by the evidence of formal qualifications to be provided by the applicant ,
4.
that their evidence of formal qualifications shall only certify training on the level referred to in Article 11 (b) of the Directive; and
their proven professional experience, irrespective of the State in which they were acquired, is not appropriate for the total or partial compensation of the differences referred to in points 1 to 4. Applicants shall have the right to choose between the adaptation period and the aptitude test. (5) Paragraphs 3 to 4 shall apply, in accordance with the provisions of third country diplomas, to be recognised in accordance with the law of the European Communities (6) The Professional Qualification Order Act does not apply with the exception of § 17. (7) The Länder may agree that the tasks referred to in paragraphs 3 to 5 shall be taken by another country or by a common A device is provided. Unofficial table of contents

§ 2a

(1) The competent authorities of the country in which the profession of the elderly nurse or the elderly nurse has been pursued or has been last pursued shall inform the competent authorities of the home Member State of the existence of criminal law sanctions, the withdrawal, the revocation and the arrangement of the glory of the permit, the suspension of the exercise of the activity and the facts which would justify any of those sanctions or measures, the provisions relating to: Protection of personal data. Where the competent authorities of the countries receive information from the competent authorities of host Member States which might have an effect on the profession of the elderly nurse or the elderly care provider, they shall verify the accuracy of the facts, shall decide on the nature and extent of the checks to be carried out, and shall inform the host Member State of the consequences to be drawn from the information provided. The Federal Ministry for Family Affairs, Senior Citizens, Women and Youth shall designate the authorities and bodies responsible for the exhibition after notification of the Länder. or receipt of the evidence of formal qualifications and other documents or information referred to in Directive 2005 /36/EC, and the authorities and bodies which may accept the applications and take the decisions which are to be taken in the Related to this Directive. It shall immediately inform the other Member States and the European Commission. (3) The competent authorities and bodies responsible for the decisions pursuant to this Act shall transmit to the Federal Ministry for Family Affairs, Senior Citizens, Women and Youth the following: Documents required to report to the European Commission on the application of this Directive, in accordance with Article 60 (1) of Directive 2005 /36/EC.

Section 2
Education in the care of the elderly

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§ 3

(1) Training in the care of the elderly is intended to provide the knowledge, skills and skills necessary for self-employed and self-responsible care, including advice, monitoring and care for the elderly. This includes in particular:
1.
the comprehensive and planned care, which corresponds to the general recognised care science, in particular the medical-care findings,
2.
participation in the treatment of ill-old people, including the implementation of medical regulations;
3.
the maintenance and restoration of individual abilities within the framework of geriatric and gerontopsychiatric rehabilitation concepts,
4.
the participation in quality assurance measures in the care, care and treatment,
5.
health care, including nutritional advice,
6.
the comprehensive accompaniming of the dying,
7.
the guidance, advice and support of caregivers who are not nurses,
8.
the care and counselling of old people in their personal and social affairs,
9.
aid for the maintenance and activation of the independent lifestyle, including the promotion of social contacts and
10.
the stimulation and monitoring of family and neighbourhood assistance and the advising of caring relatives.
In addition, training is to be able to cooperate with other people working in the care of the elderly and to carry out administrative work which is directly related to the tasks in the care of the elderly. (2) Insofar as In the case of pilot projects in accordance with § 4 (7), extended competences are tested for the exercise of medical activities, the training also has to extend to the ability to carry out the activities for which the model project is to qualify. The details of the curricula of the nursing schools and the training plans of the institutions of practical training. Unofficial table of contents

§ 4

(1) The training lasts for three years, irrespective of the date of the state examination. The training consists of theoretical and practical instruction and a practical training. The proportion of practical training predominates. In the case of model projects referred to in paragraph 7, the duration of training shall be extended in accordance with the first sentence. (2) Education is given in nursing schools for the elderly. (3) The practical training will be provided in the following institutions:
1.
in a home within the meaning of Section 1 of the Home Law or in a stationary care facility within the meaning of Section 71 (2) of the Eleventh Book of the Social Code, if this is a facility for old people, and
2.
in an outpatient care facility within the meaning of § 71 (1) of the Eleventh Book of the Social Code, if their field of activity includes the care of old people.
Sections of practical training can take place in other facilities where old people are cared for. These include in particular:
1.
psychiatric clinics with gerontopsychiatric department or other institutions of the community psychiatry,
2.
general hospitals, in particular with geriatric departments or geriatric departments, or geriatric specialist clinics,
3.
geriatric rehabilitation facilities,
4.
Institutions of open-air assistance.
(4) The overall responsibility for the training shall be borne by the nursing school for the elderly, unless it is transferred by national law of another institution. The sections of the teaching and the practical training are to be coordinated with each other in terms of content and organization. The nursing school supports and promotes practical training through practical support. The practice guidance shall be ensured by the bodies referred to in paragraph 3. In the case of model projects in accordance with paragraph 7, which take place at universities, the university is replaced by the university. (5) The training can also be carried out in part-time form and in this case it can take up to five years. (6) In the case of a temporary The countries referred to in paragraphs 2, 3 and 4, as well as those to be issued in accordance with § 9, shall be eligible for a limited period of training offered for the further development of nursing professions, taking into account the occupational field-specific requirements. The training and examination regulations differ if the training objective is not (7) In the case of temporary testing of training offers which are used for the further development of the profession regulated under this Act within the framework of model projects in accordance with Section 63 (3c) of the Fifth Book of the Social Code, the following may be used: In addition to the tasks described in Section 3 (1), extended competencies are mediated for the purpose of practicing curative activities. The attainment of the training objective must not be at risk. In so far as the training provided for in the first sentence goes beyond the content of the training provided for in this Act and the provisions of the Training and Examination Regulations, the contents of the training shall be included in separate curricula of the nursing schools for the elderly and Training plans of the institutions of practical training, which are to be approved by the Federal Ministry for Family Affairs, Senior Citizens, Women and Youth in agreement with the Federal Ministry of Health. The approval requires that the extended training be related to an agreed pilot project in accordance with § 63 (3c) of the Fifth Book of the Social Code and that the training is suitable for the implementation of this model project. Qualification to mediate. The determination of the preliminary notes in accordance with § 9 of the Altenpflege-Training and Examination Ordinance and the state examination also extend to the extended competencies acquired with the training. By way of derogation from paragraph 2, the training provided for in the first sentence may be applied to universities. In this case, § § 13 to 23 of this Act and § 9 of the Altenpflege-Training and Examination Ordinance do not apply.

Footnote

§ 4 (1) to (5): In force in accordance with No. 2 BVerfGE v. 24.10.2002 I 4410-2 BvF 1/01-mWv 1.8.2003, para. 6 mWv 25.10.2002 Unofficial table of contents

Section 4a

(1) § 5 (2) of the Altenpflege-Training and Examination Ordinance applies to training in accordance with § 4 (7), which take place at universities, with the proviso that the examination is to be deposited at the university. (2) § 6 para. 1 of the geriatric care training and The examination regulation applies to training in accordance with § 4 (7) with the proviso that according to § 6 (1) and the specialist committees according to § 7 (1) of the nursing training and examination regulations a medical examiner or a medical examiner is required to medical examiner is a member of the medical examiner, the person responsible for the training or the training participant It has taught training participants in advanced skills in the exercise of medical practice, which are the subject of the State Examination. By way of derogation from § 6 (1) sentence 1 of the Altenpflege-Training and Examination Ordinance, the examination board shall be formed at the university in the case of training courses held at universities. (3) The Certificate in accordance with § 14 (2) sentence 1 of the In the case of an apprenticeship as part of a pilot project according to § 4 (7), an old-age nursing training and examination regulation must be accompanied by a certificate of the nursing school for the elderly, from which the medical activities result, the subject matter of the additional (4) The written part of the examination In the case of training in the context of model projects according to § 4 (7), in addition to the subject areas according to § 10 paragraph 1 of the Altenpflege-Training and Examination Ordinance on the subject area for the exercise of curative activities, the was the subject of the additional training in accordance with the curriculum and the training plan. The supervisory work lasts 120 minutes. § 10 (3) of the Altenpflege-Training and Examination Regulation applies accordingly, with the proviso that the tasks for the supervisory work are selected by the competent authority on a proposal of the Senior Caregiver School or the University of Applied Sciences, where the (5) The oral part of the examination extends to the subject areas according to § 4 (7) in addition to the subject areas in accordance with § 11 (1) of the Altenpflege-Training and Examination Ordinance on the subject areas in the context of model projects. Subject area for the exercise of curative activities, according to the curriculum and the training plan was the subject of the additional training. In the additional subject area referred to in the first sentence, the training participant or the training participant shall be examined for at least 15 minutes and not more than 30 minutes. Section 11 (2) sentence 1 of the Altenpflege-Training and Examination Ordinance shall apply accordingly. The medical examiner or the medical examiner within the meaning of § 7 (1) no. 2 of the nursing training and examination regulations envy the benefits in the additional training area. (6) The practical part of the examination extends In the case of training in the context of pilot projects according to § 4 (7), in addition to § 12 (1) of the Altenpflege-Training and Examination Ordinance on a task for the application of the extended competencies described in § 3 para. 2 for the exercise of curative knowledge Activities in patients or patients who are in accordance with the curriculum and the The training plan was the subject of the additional training. The training participant takes over all tasks that are the subject of the treatment, including the documentation. In an examination interview, the participants in the training course must explain and justify the diagnostic and treatment measures as well as reflect on the examination situation. In this connection, it must be demonstrated that the extended competences acquired during the training can be applied in professional practice and that the ability to perform the tasks in accordance with § 3 (2), which was the subject of the additional training, is to be demonstrated, responsible for solving the problem. The examination part of the care pursuant to § 12 para. 2 sentence 3 of the geriatric nursing training and examination ordinance and the additional exercise of medical activities shall not exceed the duration of 150 minutes. The medical examiner is to be involved in the procedure in accordance with § 12 (3) of the Altenpflege-Training and Examination Ordinance. Unofficial table of contents

§ 5

(1) The nursing schools in accordance with Section 4 (2) require the competent authority to be recognised by the state, unless they are schools in the sense of the right to school in the Länder. They must provide the guarantee for the proper implementation of the training. (2) Elderly nursing schools which are not schools in the sense of the school law of the Länder can be recognized as suitable for training by the state if they Meet minimum requirements:
1.
the main professional management of the nursing school by an educationally qualified professional with completed vocational training in the social or nursing field and several years of professional experience or a completed nursing pedagogical studies,
2.
the evidence of a sufficient number of appropriate, pedagogically qualified specialists for theoretical and practical teaching, in proportion to the number of training places;
3.
the holding of the spaces and facilities necessary for the grant of the teaching, as well as adequate teaching and learning resources,
4.
proof that the necessary training places for the implementation of the practical training in the institutions referred to in § 4 (3) sentence 1 can be used in the long term.
Where the management consists of several persons, one of them shall comply with the requirements set out in the first sentence of paragraph 1. The State Governments shall be authorized to lay down minimum requirements in excess of the first sentence of the Regulation. Unofficial table of contents

§ 6

In order to have access to training, it is necessary that the applicant is not unsuitable for the exercise of the profession in terms of health, and that the applicant must not be able to access the training.
1.
the secondary school leaving certificate or another qualification recognised as equivalent or another completed ten-year schooling which extends the primary school diploma, or
2.
the principal or equivalent educational qualification, provided that a successfully completed, at least two-year vocational training, or a permit as a nurse or a nurse or a nurse or a nurse, is Nationally regulated, successfully completed training of at least one year's duration in the care of the elderly care or nursing assistant, or
3.
Another completed ten-year general schooling.
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§ 7

(1) The duration of the training in accordance with § 4 (1) can be shortened on request:
1.
for nurses, nurses, pediatric nurses, pediatric nurses, health care nurses and nursery schools with three years of training for up to two years,
2.
for the elderly care of the elderly, nursing home for the elderly, nurses, nurses, nursery care workers, care workers for the care of the healers, home care workers for the care of children up to one year.
(2) On request, the duration of the training pursuant to § 4 (1) may be shortened by up to two years in the extent of professional equivalence if another completed vocational training is proven. (3) Upon request, participation in a continuing training in accordance with the Third Book of the Social Code for persons referred to in paragraph 1 (2), including training to a level equivalent to a full-time employment of at least two years, in a caring institution In accordance with Section 71 of the Eleventh Book of the Social Code, the duration of the measure (4) In the case of participation in continuing vocational training according to the Third Book of Social Code, the duration of the measure in relation to the regular training should be shortened:
1.
for persons referred to in paragraph 1, point 1 by up to two thirds of the training period,
2.
for cases referred to in paragraph 2, by up to two-thirds of the training period;
3.
for persons who, to an extent equivalent to a full-time employment of at least two years, have performed in a care facility in accordance with § 71 of the Eleventh Book of Social Code Tasks in the field of care or care, on the The basis of a competence assessment by one third of the training period.
(5) The reduction shall not endanger the implementation of the training and the achievement of the training target. (6) The provisions of paragraphs 1 to 5 shall apply mutatily to the training provided for in Article 4 (5). Unofficial table of contents

§ 8

(1) The duration of an education according to § 4 (1) shall be credited to:
1.
a holiday or holiday of up to six weeks on an annual or holiday basis, which is equivalent to the collective agreement
2.
Interruptions due to illness or other reasons not to be represented by the elderly care professional or the elderly care professional up to a total duration of twelve weeks, in the case of shortened training periods according to § 7 up to a maximum of four weeks per year. Training year. In the case of elderly care workers, interruptions due to pregnancy up to the total duration of fourteen weeks, in the case of shortened trainings according to § 7 up to a maximum of four weeks per training year, are also counted.
(2) Where there is a particular hardship, any absences exceeding the provisions of paragraph 1 may be credited to the application if it is to be expected that the training objective will nevertheless be attained. In other cases, the duration of the training may be extended on request. However, it should not, as a general rule, exceed five years, including interruptions. Unofficial table of contents

§ 9

(1) The Federal Ministry for Family Affairs, Senior Citizens, Women and Youth is authorized, in agreement with the Federal Ministry of Health and the Federal Ministry of Education and Research, by means of a legal regulation with the consent of the Federal Council in a training and examination regulation for the occupation of the elderly nurse and the elderly care provider the minimum requirements for the training in accordance with § 4 as well as the further details of the state examination and the certificate for the permission in accordance with § 1. (2) In The legal regulation referred to in paragraph 1 shall apply to persons who have a certificate of training in connection with § 2 (1) (1) in conjunction with § 2 (3), (3a), (4) or (5), to settle the following:
1.
the procedure for examining the conditions set out in Article 2 (1) (2) and (3), in particular the presentation by the competent authority of the evidence to be provided by the applicant and the determination by the competent authority in accordance with Article 50 (1) to (3) in a link with Annex VII to Directive 2005 /36/EC,
2.
the obligation of holders of evidence of formal qualifications to carry out, in accordance with Article 52 (1) of Directive 2005 /36/EC, the professional title of the host Member State and to use the name of the host Member State, if any,
3.
the time limits for the granting of authorisation in accordance with Article 51 of Directive 2005 /36/EC,
4.
Procedure concerning the conditions for the provision of services pursuant to § 1a in conjunction with § 10.
(3) deviations from the rules of the administrative procedure provided for in paragraphs 1 and 2 as well as of the legal regulation adopted on this basis shall be excluded by national law.

Section 3
-

Section 3
Providing services

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§ § 10 to 12 (omitted)

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§ 10

(1) Nationals of a Contracting State of the European Economic Area, who are nationals of a Contracting State in another Contracting State of the European Economic Area for the purpose of exercising the profession of the elderly nurse and of the elderly care provider on the basis of a In the case of an education or training or on the basis of a training certificate corresponding to the requirements of § 2 (4), the following are entitled:
1.
which are lawfully established in a Member State, or
2.
if the occupation of the elderly nurse and of the elderly person or the training for that profession is not regulated in the Member State of establishment, that profession during the previous 10 years at least two years in the Member State of establishment lawfully exercised,
may, as a service provider within the meaning of Article 50 of the EC Treaty, temporarily and occasionally pursue their profession within the scope of this Act. The temporary and occasional nature of the service provision shall be assessed on a case-by-case basis. The assessment shall include the duration, frequency, periodic recurrence and continuity of the service. The entitlement under the first sentence does not exist if the conditions for a withdrawal or revocation relating to the facts pursuant to section 2 (1) (2) or (3) are met by a corresponding measure in the absence of a German professional permit. but cannot be adopted. § 1a sentence 3 shall apply mutatily. (2) Who, within the meaning of paragraph 1, wishes to provide services, shall notify the competent authority beforehand. The notification shall be made in writing. It shall be renewed once a year if the service provider intends to provide temporary and occasional services within the scope of this Act during the year in question. (3) For the first time the service provider is notified of the The provision of services or, in the case of substantial changes, to the situation in the documents presented in the documents submitted to date, the provider shall submit the following certificates:
1.
Proof of nationality,
2.
Proof of professional qualifications,
3.
Certificate of legal establishment in the profession of the elderly nurse and of the elderly nurse in another Member State, which also extends to the fact that the service provider is responsible for the performance of his or her work at the time of presentation of the a certificate is not prohibited, either temporarily or temporarily, or, in the case of the first sentence of the first sentence of paragraph 1, proof in any form that the service provider has an activity corresponding to the profession of the elderly nurse and the elderly nurse during the period of has been lawfully exercised for at least two years for the previous 10 years.
The knowledge of the German language required for the performance of the service must be available. The competent authority shall, in the case of the initial provision of services, examine the professional qualification certificate referred to in the first sentence of 1 (2). Section 2 (4) shall apply mutagenly, provided that there are substantial differences between the professional qualification of the service provider and the training required under this law and the geriatric care training and examination regulations. Compensatory measures may only be required if the differences are so large that public health would be at risk without the proof of lack of knowledge and skills. The balance of the lack of knowledge and skills should take the form of an aptitude test. (4) Nationals of a Contracting State of the European Economic Area who, within the scope of this Act, are responsible for the occupation of the elderly nurse and of the On request for the provision of services in another Contracting State of the European Economic Area, certificates shall be issued on the basis of a permit provided for in Article 1a to the effect that:
1.
they are lawfully established as an "elderly nurse" or "elderly nurse" and are not prohibited from carrying out their activities, even temporarily,
2.
they have the professional qualifications required to carry out the activity in question.
The same applies to third countries and to third country nationals, as far as the recognition of qualifications under the law of the European Communities provides for equality. Unofficial table of contents

§ 11

The competent authorities shall have the right to request information on the legality of the establishment for each provision of services by the competent authorities of the Member State of establishment, as well as the fact that they do not have a professional be subject to disciplinary or criminal sanctions. At the request of the competent authorities of a Contracting State of the European Economic Area, the competent authorities in Germany shall have all the information concerning the legality referred to in Article 56 of Directive 2005 /36/EC of the requesting authority. the establishment and good management of the service provider, as well as information on the absence of professional disciplinary or criminal sanctions. Unofficial table of contents

§ 12

The rights and obligations of persons with a licence pursuant to § 1a are entitled to the rights and obligations of persons with a right to apply for the provision of services within the meaning of § 10. Where these obligations are infringed, the competent authority shall immediately inform the competent authority of the Member State of establishment of that service provider.

Section 4
Training ratio

Unofficial table of contents

§ 13

(1) The institution of the practical training which establishes a person for the purpose of training under this Act shall have a written training contract for the entire duration of the training in accordance with the provisions of this Section. close. Practical training can be carried out:
1.
the institution of a body within the meaning of § 4 (3) sentence 1, which operates a state-recognised nursing school for the elderly,
2.
the institution of a body within the meaning of § 4 (3) sentence 1, which is concluded with a state-approved nursing school or a nursing school for the elderly in the sense of the school law of the Länder, a contract for the implementation of practical training .
The State Governments are authorized to regulate the further details of the determination of the institutions of practical training by means of a regulation of the law. (2) The training contract must contain at least:
1.
the professional objective of which the training is intended,
2.
the beginning and the duration of the training;
3.
Information on the content and timing of practical training in accordance with the Training and Examination Regulation,
4.
the duration of the regular day-to-day or weekly practical training period,
5.
the amount of the monthly training allowance;
5a.
the level of training costs to be reimbured pursuant to section 17 (1a),
6.
the duration of the trial period,
7.
the duration of the holiday,
8.
the conditions under which the training contract may be terminated,
9.
a reference, in general terms, to collective agreements, operating or service agreements to be applied to the training relationship.
(3) The training contract shall, in so far as its nature and purpose and under this law do not provide otherwise, apply the laws and legal principles applicable to employment contracts. (4) The training contract shall be from a To sign a representative or a representative of the institution of practical training, as well as the student or the student and their legal representative. (5) In the event of changes to the training contract, paragraphs 1 to 4 shall apply. (6) The The training contract shall be effective in the case of the second sentence of the second sentence of the second sentence of paragraph 2 of the consent of the nursing school for the elderly. Unofficial table of contents

§ 14

(1) An agreement which restricts the exercise of professional activity for the period after termination of the training relationship is void. This shall not apply if the pupil or the pupil enters into an employment relationship indefinitely within the last three months of the training relationship for the period following the termination of the period of employment. (2) The agreement is not also valid for the period after the end of the period of employment.
1.
the obligation of the pupil or pupil to pay compensation for practical training,
2.
Penalties,
3.
the exclusion or limitation of claims for damages,
4.
the determination of the amount of the damages in lump sums.
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§ 15

(1) The institution of practical training shall:
1.
to carry out the training in a form required by its objective, in such a way as to ensure that the training objective can be achieved during the training period provided for,
2.
to provide the pupil and the pupil free of charge with the means of training, instruments and apparatus necessary for the practical training and the laying down of the required examination,
3.
to ensure that the practical training is carried out in accordance with Section 4 (3).
(2) The pupil and the pupil may only be transferred to those who serve the purpose of the training; they must be appropriate to their training status and to the best of their abilities. Unofficial table of contents

§ 16

The pupil and the pupil shall endeavour to acquire the knowledge, skills and skills required in order to achieve the training objective. In particular, they shall:
1.
participate in the prescribed training events,
2.
to carry out carefully the tasks and directions assigned to them in the course of their training,
3.
to comply with the rules on confidentiality applicable to employees in the relevant bodies and to keep silent on the confidentiality of trade secrets.
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§ 17

(1) The pupil of the practical training shall pay the student an appropriate training allowance for the entire duration of the training, unless, in the case of continuing vocational training, entitlement to unemployment benefits after the third party (1a) In the third year of training, the Social Code, on unemployment benefit II in accordance with the Second Book of the Social Code, or on transitional allowance according to the rules applicable to the benefits of participation in working life. (1a) Elderly nurse or nurse, who begins after 31 December 2005, the institution of the practical training of the pupil shall, in addition to the training allowance, reimburse the costs of continuing training in accordance with Section 83 (1) (2) to (4) of the Third Book of Social Code, provided that such training costs in the third (2) In kind, the amount of subject-matter can be credited in the amount of the values determined in accordance with Article 17 (1) sentence 1 (3) of the Fourth Book of the Social Code, but not more than 75 per cent of the gross remuneration. If, during the period for which the training allowance is to be paid off, the benefits in kind cannot be removed for a legitimate reason, they shall be deducted in accordance with the relevant reference values. (3) A regular daily or regular basis on the agreed regular basis. Employment beyond the weekly training period is only exceptionally permissible and particularly remunerated. Unofficial table of contents

§ 18

The training relationship begins with the trial period. It is six months. Unofficial table of contents

§ 19

(1) The training relationship shall end irrespective of the date of the state examination with the expiry of the training period. In the case of training courses within the scope of model projects according to § 4 (7), it ends with the expiry of the training period extended in accordance with § 4 (1) sentence 4. (2) If the respectively prescribed examination is not passed, the training ratio shall be extended to written request up to the next possible re-examination, but not more than one year. Unofficial table of contents

§ 20

(1) During the trial period, the training relationship can be terminated at any time without notice of a notice period. (2) After the trial period, the training ratio can only be terminated:
1.
without notice of a notice period for an important reason,
2.
by the student and the student with a period of notice of four weeks.
(3) The dismissal must be made in writing and in the cases referred to in paragraph 2 (1), stating the reasons for the dismissal. (4) A termination for an important reason shall be ineffective if the facts on which it is based are the basis of the notice of termination of the notice of termination. is known for more than two weeks. If an established quality procedure is initiated before an extra-judicial body, the expiry of that period shall be inhibited until the end of this period. Unofficial table of contents

Section 21

If the pupil is employed in connection with the training relationship without any explicit agreement on this, an employment relationship shall be deemed to be well established for an indefinite period. Unofficial table of contents

Section 22

An agreement which deviates from the provisions of Section 4 of this Act in the interests of the pupil or the student is void. Unofficial table of contents

Section 23

§ § 13 to 22 do not apply to pupils who are diaconistas, deaconists, or members of the spiritual communities.

Section 5
Cost-control

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§ 24

The institution of the practical training may take into account the costs of the training allowance as well as the training costs to be reimbured by him in accordance with Section 17 (1a) in the charges or allowances for his achievements. The following are excluded:
1.
Expenditure on the maintenance, repair or maintenance of training centres,
2.
the operating costs (personnel and material costs) of the training centres and
3.
the administrative costs of a countervailing procedure in accordance with § 25.
In the case of facilities which are admitted to the outpatient, part-or full-care provision of care in need of care in accordance with the Eleventh Book of Social Code (approved care facilities), as well as for institutions with agreements pursuant to § 75 para. 3 of the Twelfth Book of the Social Code is aimed at taking into account the costs of the training allowance and the training costs to be reimbursed in accordance with Article 17 (1a), including a training environment (§ 25) in the remuneration exclusively according to of these laws. Unofficial table of contents

Section 25

(1) The State Governments are authorized to determine by means of a decree law that, in order to apply the funds for the costs of the training allowance and the further training costs to be reimbured in accordance with Article 17 (1a) of this Regulation, the costs of the training in accordance with § 4 (3) sentence 1 , irrespective of whether there are sections of the practical training carried out there. However, this shall apply only where a compensation procedure is necessary to prevent or eliminate a shortage of training places. (2) If a national government implements a compensation procedure, the total amount of compensatory amounts may be granted to the the estimated requirements for the financing of an adequate supply of training places. The national governments shall regulate the calculation of the cost compensation and the compensation procedure. They shall determine the body responsible for the implementation of the cost compensation. § 24, sentences 2 and 3 shall remain unaffected. (3) If a national government has introduced a countervailing procedure in accordance with paragraph 1, it shall be obliged to review at appropriate intervals the necessity of continuation.

Footnote

§ 25: In Force gem. No. 2 BVerfGE v. 24.10.2002 I 4410-2 BvF 1/01-mWv 25.10.2002

Section 6
Responsibilities

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Section 26

(1) The decision on the permission in accordance with § 2 para. 1 shall be taken by the competent authority of the country in which the applicant has filed the examination; in the cases of § 2 para. 3 to 5, the decision on the permit shall be taken by the authority of the Country in which the application was made. (2) The decisions pursuant to § § 6, 7 and 8 shall be taken by the competent authority of the country in which the applicant wishes to participate in or participates in an education. (2a) The notification in accordance with § 10 (2) and (3) Accepts the competent authority of the country in which the service is to be provided; or has been provided. It requests the information in accordance with § 11 sentence 1. The information referred to in the second sentence of Article 11 shall be transmitted by the competent authority of the country in which the profession of the elderly nurse or the elderly nurse has been pursued or was last pursued. The home Member State shall be informed in accordance with Article 12 by the competent authority of the country in which the service is provided or has been provided. The certificates referred to in § 10 (4) shall be issued by the competent authority of the country in which the applicant is responsible for the occupation of the elderly nurse or the elderly nurse. (3) The Länder shall determine the competent authorities responsible for the implementation of this law. Authorities.

Section 7
Fines

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§ 27

(2) The administrative offence may be punished with a fine of up to three thousand euros.

Footnote

§ 27: In Force gem. No. 2 BVerfGE v. 24.10.2002 I 4410-2 BvF 1/01-mWv 1.8.2003

Section 8
No application of the Vocational Training Act

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§ 28

The Vocational Training Act shall not apply to training on professions regulated in this Act.

Section 9
Transitional provisions

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§ 29

(1) Recognition granted before the entry into force of this Act in accordance with national law shall be deemed to be a state-approved geriatric nurse or a state-approved elderly nurse as a permit in accordance with § 1. The final certificate issued in the Land of Bremen in accordance with the guidelines on the training and final examination at private specialist schools for senior citizens of the elderly on 29 August 1979 (Official Journal of the Free Hanseatic City of Bremen 1979, p. 545) is also considered as Permission in accordance with § 1. (2) A training commenced prior to the entry into force of this law on the state-approved geriatric nurse or on the state-approved geriatric nurse shall be completed in accordance with the previous national regulations. After completion of the training, if the conditions of § 2 (1) (2) and (3) are fulfilled, the applicant will be given a permission in accordance with § 1. Unofficial table of contents

§ 30

Nursing schools which, before the entry into force of this law, have been granted state recognition or approval under national law shall be deemed to be state-recognised or approved in accordance with § 5 (1), provided that the recognition or the approval of the school is not withdrawn. Unofficial table of contents

Section 31

In the Free and Hanseatic City of Hamburg, training on the professions regulated in this Act will continue to be implemented in accordance with the Vocational Training Act until 31 July 2006. Unofficial table of contents

Section 32

Section 6 (3) shall not enter into force on 31 December 2017. Unofficial table of contents

§ 33

The Federal Ministry for Family Affairs, Senior Citizens, Women and Youth shall report to the German Bundestag by 31 December 2015 on the experience gained with the application of Section 6 (3).