Read the untranslated law here: http://www.gesetze-im-internet.de/altpflg/BJNR151310000.html
Law on the occupations in the care for the elderly (elderly care Act - AltPflG) AltPflG Ausfertigung date: 17.11.2000 full quotation: "elderly care act as amended by the notice of 25 August 2003 (BGBl. I S. 1690), most recently by article 1 of the law of 13 March 2013 (BGBl. I p. 446) has been changed" stand: Neugefasst by BEK. v. 25.8.2003 I 1690 last amended by art. 1 G v. 13.3.2013 I 446 for details on the stand number you see in the menu see remarks footnote (+++ text detection from: 1.8.2001 +++) the G as article 1 d. G v. 17.11.2000 I 1513 (AltPflG/KrPflG1985ÄndG) of the Bundestag with the consent of the Federal Council decided. It occurs as per article 4 set 1 & 2 of this G mWv distribution in force. § 4 paragraph 6 and section 9 come into force on the 25.11.2000.
The entry into force of the G is suspended I 1042 Meanwhile gem. BVerfGE v. 22.5.2001 pending a decision on the compatibility of G with the GG, for a period of six months, at the latest. The entry into force of article 2 of the elderly care law remains unaffected com. BVerfGE v. 18.6.2001 I 1592-2 BvQ 48/00-. The interim v. 22.5.2001 I 1042 is accordance with decision of the Constitutional Court v. 7.11.2001 reviewed I 3505; Interim v. 22.5.2001 I 1042 as per decision of the Constitutional Court v. 29.4.2002 I 1678 (2 BvQ 48/00) again repeatedly.
The G com. BVerfGE v. 24.10.2002 I 4410-2 BvF 1/01 - to the 1.8.2003 enter into force. § 4 par. 6, sections 9 & 25 gem. this decision into force on the 25.10.2002; § 1 No. 2, § 2, paragraph 3, sentence 6 to 9, pursuant to sections 10 to 12, § 29 para. 3 are incompatible and invalid article 70, article 74 paragraph 1 GG.
Is permission § 1 the job titles "Altenpflegerin" or "Elderly care nurse" should section 1 only do persons have been granted the permission to do so. Persons with a permit pursuant to sentence 1, that have an education according to § 4 section 7, are part of them in this training mediated advanced skills to engage in heilkundlicher activities entitled.
§ 1a themselves and geriatric nurses, who are nationals of a Contracting State of the European economic area, cause the occupation according to § 1 in the territorial scope of this Act without permission as long as they perform their professional activities as temporary and occasional service in the meaning of article 50 of the EC Treaty in the area of application of this Act. You however are subject to the reporting and review under this Act. The same applies to third countries and third-country nationals, as far as the gender arises with regard to the recognition of qualifications under the law of the European communities.
According to § 1, § 2 (1) is permission be granted if the requesting person 1 has completed the training prescribed by this law and passed each prescribed, 2 not a behavior has made himself guilty, from the resulting unreliability to practice the profession, 3 not in health terms to the profession is inadequate and has 4 required for the practice of the professional knowledge of the German language at the request.
(2) the permit is to take back if one of the conditions no. 1 not has been referred to in paragraph 1. The permit shall be revoked if subsequently the requirement has been dropped No. 2 referred to in paragraph 1. The permit may be revoked if subsequently the prerequisite has ceased pursuant to paragraph 1 No. 3. In addition you affect the laender legislation corresponding to sections 48 and 49 of the Administrative Procedure Act.
(3) subject to paragraphs 4 and 5 the conditions of in paragraph 1 apply in the case of a closed training purchased outside the scope of this Act and outside of another Contracting State of the European economic area number 1 met, if the equivalence of the level of training is provided. The level of training is regarded as equivalent, if the training of the applicant person regulated training has no substantial differences compared to the in this law and in the education and examination regulation for the profession of Altenpflegerin and of the old keeper. Are significant differences within the meaning of sentence 2, if 1 the duration of training demonstrated by the requesting person is at least one year in the duration of training, regulated in this law, 2 refers to their training learning fields, that differ considerably from those that are prescribed by the training according to this law and the elderly care training and examination regulation, or the profession of Altenpflegerin and of the old keeper comprises one or more regulated activities 3. , in the State of origin of the applicant people are not part of the profession corresponding to the profession of Altenpflegerin and of the old keeper, and if this difference in special education is that according to this law and the elderly care training and examination regulation is required and on learning fields addresses that differ considerably from those of the qualifications are covered, the requesting person submits the , and the applicant person not by knowledge that regardless of the State in which they are acquired, wholly or partly can compensate them in the context of their professional practice. Learning fields differ significantly, if their knowledge is a precondition for the exercise of the profession is and deviations significant training the applicant person with respect to time or content with having education under this Act; Set of 3 last half sentence shall apply mutatis mutandis. The equivalence of the level of training pursuant to sentence 1 is omitted or can she be identified only with inappropriate temporal or appeals effort, because the necessary documents and certificates for reasons which are not in the person of the applicant or the applicant, not can be presented from this, an equivalent level of knowledge is to prove. The equivalent knowledge and skills is proved by an adaptation period not exceeding three years or an exam, which extends to the content of the State examination. The competent authority may provide for an aptitude test in individual cases from 6 different set which extends to the observed significant differences.
(3a) paragraph 3 sentence 1 to 4 shall apply accordingly for applicants who have a training certificate from a State which is not Contracting State of the European economic area (third country), which was recognized in another Contracting State of the European economic area. To compensate for the identified major differences, the applicant people in a more than three-year adaptation period or an aptitude test, which extend to the identified significant differences, have to prove that they required knowledge and skills have to the profession of the Altenpflegerin or of the old keeper in Germany. You have the right to choose between the adaptation period and the aptitude test.
(4) persons who apply for a permit referred to in paragraph 1, the requirement of paragraph 1 applies to no. 1 as a met, if emerges from a diploma obtained in another Contracting State of the European economic area, that its owner or holder has completed training, which is required in this State for access to a profession corresponding to the profession of Altenpflegerin and the old keeper. Diplomas within the meaning of this law are formal qualifications in accordance with article 3 para 1 letter 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 EU no. L 255, p. 22, 2007 No. L 271 p. 18) in the amended, which certify that professional skills of the owner or the owner at least immediately below the level of para 1 letter c of Directive 2005/36/EC is referred to in article 11. Sentence 2 shall apply also for proof of training or a set of qualifications that were issued, unless they certify completed training acquired in the community, recognised by that Member State as equivalent and give same rights as regards access to or exercise of the profession of Altenpflegerin and the old keeper or prepare for this profession by a competent authority in a Member State. Sentence 2 shall also apply to professional qualifications, which although needs not the legal or administrative provisions of the Member State of origin, for access to or exercise of the profession of Altenpflegerin and of the old keeper, where relevant in accordance however confer acquired rights according to the law of the Member State of origin their owner and proprietor. Applicant individuals with a training certificate from a Contracting State of the European economic area have to complete an adaptation period not exceeding three years or to acquire an aptitude test, if 1 their proven training period at least one year in the duration of training, regulated in this law is, 2 refers to their training learning fields, which differ considerably from those which are prescribed by the training according to this law and the elderly care training and examination regulation , 3.
the profession of which comprises one or more regulated activities Altenpflegerin and the old nurse, are not part of the profession corresponding to the profession of Altenpflegerin and of the old keeper in the home Member State of the applicant person and if this difference in special education, that according to this law and called for the elderly care training and examination regulation and refers to learning fields, which differ considerably from those , which are covered by the training certificate, the applicant person submits the, her qualifications only a 4. training on the article 11 b of the directive level referred to certified and proven professional experience regardless of State in which it was purchased, is not intended for full or partial compensation of the differences referred to in paragraphs 1 to 4. The applicant individuals have the right to choose between the adaptation period and the aptitude test.
(5) paragraphs 3 and 4 shall apply mutatis mutandis for third country diplomas, for their recognition under the law of the European communities an equality arises.
(6) the vocational qualification assessment Act does not apply with the exception of article 17.
(7) the countries may agree that the tasks according to the paragraphs 3 to 5 of another country or a common mechanism are perceived.
§ 2a (1) the competent authorities of the country in which the profession of Altenpflegerin or of the old keeper is exercised or is exercised last, inform the competent authorities of the Member State of origin, on the existence of criminal sanctions, withdrawal, revocation and the arrangement of the suspension of the permit on the prohibition of the exercise of the activity and of any facts which would justify any of these penalties or measures thereby, the provisions on the protection of personal data must be complied. The competent authorities of the countries receive information of the competent authorities of the host Member State which might affect the exercise of the profession of Altenpflegerin or of the old keeper, must check the accuracy of the facts, are about the nature and extent of the tests carried out and shall inform the host Member State of the consequences which are to pull out of the transmitted information. The countries can determine to fulfil the tasks pursuant to sentences 1 and 2 joint bodies.
(2) the Federal Ministry of family, senior citizens, women and youth after release of the countries designate the authorities and bodies which are responsible for the exhibition or acceptance of qualifications listed in the Directive 2005/36/EC and other documents or information, as well as meet the authorities and bodies which accept the requests and decisions that are available in the context of this directive. It shall immediately inform the other Member States and the European Commission.
(3) the authorities responsible for decisions under this Act and make providing the documents that are required, in accordance with article 60 the application of this directive to report 1 of Directive 2005/36/EC of the European Commission to the Federal Ministry for family, senior citizens, women and youth.
Training in geriatric care § 3 (1) training in care for the elderly should the knowledge, abilities and skills give section 2, which are necessary for the independent and autonomous care including consultancy, support and care of old people. This includes in particular: 1 the appropriate and competent, the generally recognized nursing, appropriate in particular the medical nursing knowledge, comprehensive and planned care, 2. involvement in the treatment of ill old people including the implementation of medical regulations, 3. the preservation and restoration of individual skills in the context of geriatric and gerontopsychiatrischer rehabilitation concepts, 4. the participation of quality-assurance measures in the care, support and treatment , 5 health care including nutritional advice, 6 the comprehensive monitoring of dying, 7 the instructions, advice and support for caregivers who are not nurses, 8 servicing and advising elderly people in their personal and Social Affairs, 9 help to maintain and activation independent lifestyle guidance including the promotion of social contacts and 10 members of nurturing the stimulation and support for family and neighbourly help and advice.
In addition, the training to do so to empower to collaborate with others in the elderly persons and to do administrative work, which are directly related to the tasks in the elderly.
(2) as far as advanced skills to exercise be tested heilkundlicher activities in pilot projects according to § 4 section 7, the training also on the ability to carry out the activities to extend the pilot projects should qualify for the has. Details regulate its old nursing schools and the training plans of the institution of practical training.
§ 4 (1) takes the training independently by the time of the State examination three years. The training consists of theoretical and practical instruction and practical training. Outweighs the percentage of practical training. Model projects under paragraph 7 pursuant to sentence 1, the duration of training is to extend. Details regulate its old nursing schools and the training plans of the institution of practical training.
(2) the lessons in old nursing schools.
(3) the practical training is taught in following institutions: 1 in a home within the meaning of article 1 of the law on home or in an inpatient care facility within the meaning of section 71 paragraph 2 of the eleventh book of social code, if it is a facility for the elderly, and 2nd in an ambulatory care facility within the meaning of section 71, paragraph 1 of the eleventh book of the social code , if their field of activity includes the care of old people.
Sections of the practical training can take place in other facilities where old people are looked after. These include in particular: 1 psychiatric hospitals with gerontopsychiatrischer Department or other institutions of the community based psychiatry or geriatric specialist clinics, 3 geriatric rehabilitation facilities, 2 general hospitals, in particular with geriatric Department or geriatrischem focus, 4. facilities of open care for the elderly.
(4) total training is responsible for the old nursing school, unless transmitted by another institution, law of the land. The sections of the teaching and practical training must be coordinated in terms of content and organizationally together. The old nursing school supports and promotes practical training through practical assistance. The instruction is to ensure the facilities pursuant to paragraph 3. Model projects under paragraph 7, taking place at colleges, the College takes the place of the old nursing school.
(5) the training can be carried out also in part-time and take up to five years in this case.
(6) for temporary testing training intended to develop of the nursing profession-specific requirements, the countries can differ from paragraphs 2, 3 and 4, as well as training to be adopted pursuant to article 9 and examination regulation, provided that the training objective is not jeopardised.
(7) for temporary testing of training offers, which serve the further development of the profession regulated under this Act within the framework of pilot projects according to § 63 paragraph 3 c of the fifth book of the social code, beyond the advanced skills to engage in heilkundlicher activities can be arranged on the tasks described in article 3, paragraph 1. The objective of the training may be not at risk. As far as training about the 1 in this law and the contents of training in the elderly-education and examination regulation goes beyond to set, the training content are set in separate curricula of the old nursing schools and training plans of the institution of practical training who are women and youth in agreement with the Ministry of health shall be approved by the Federal Ministry for family, seniors. The permit requires that advanced training refers to an agreed model projects according to § 63 paragraph 3 c of the fifth book of the social code and the training is suitable to convey the qualifications required for the implementation of this pilot project. The definition of preliminary notes in accordance with § 9 of the elderly training and examination regulation and the State examination also extend to the advanced skills acquired through the training. By way of derogation from paragraph 2, training can be pursuant to sentence 1 in higher education. In this case, the sections 13 to 23 of this Act and § 9 of the elderly care training and examination regulation do not apply.
§ 4 para 1 to 5: in force com. No. 2 BVerfGE v. 24.10.2002 I 4410-2 BvF 1/01 - mWv 1.8.2003, at para 6 mWv 25.10.2002 Section 4a (1) § 5 para 2 of the elderly care training and examination regulation applies to training according to § 4 section 7, which take place at universities, with the proviso that the examination at the College to drop is.
(2) § 6 para 1 of the elderly care training and examination regulation applies training according to § 4 paragraph 7 with the proviso, that according to article 6, paragraph 1, and the technical committees according to § 7 paragraph 1 of the elderly care training and examination regulation a medical expert examiner or a medical specialist Inspector belongs to the Audit Committee, or taught the training participant or participants of the training heilkundlicher activities in the advanced competencies to the exercise , which are the subject of the State examination. By way of derogation from § 6 para 1 sentence 1 of the elderly care training and examination regulation, the Audit Committee at the University is made with training taking place at universities.
(3) the certificate is according to § 14 para 2 sentence 1 of the elderly care training and examination regulation enclose a certificate of the old nursing school at a training in the framework of pilot projects according to § 4 section 7 of the heilkundlichen activities arising, which were subject to additional training and the extended State examination.
(4) the written part of the examination extends training courses within the framework of pilot projects according to § 4 section 7 in addition on the subjects according to § 10 para 1 of elderly care training and examination regulation on the subject of the exercise of heilkundlichen functions, which was the subject of additional training according to the curriculum and the training plan. The supervisory work of 120 minutes. § 10 ABS. 3 of the elderly care training and examination regulation also applies with the proviso, that the tasks of the supervisory work of the competent authority on a proposal from the old nursing school or college be selected where the training took place.
(5) the oral part of the examination extends training courses within the framework of pilot projects according to § 4 section 7 in addition on the subjects according to § 11 para 1 of elderly care training and examination regulation on the subject of the exercise of heilkundlichen functions, which was the subject of additional training according to the curriculum and the training plan. In the additional subject pursuant to sentence 1 the training participants or trainees should at least 15 minutes and no longer than 30 minutes will be tested. Section 11 subsection 2 sentence 1 of the elderly care training and examination Regulation shall apply mutatis mutandis. The medical examiner of trade or the medical specialist auditor in the sense of § 7 para 1 No. 2 of the elderly care training and examination regulation graded the benefits in terms of additional training.
(6) the practical part of the exam extends para 1 of the elderly training - training courses within the framework of model projects according to § 4 section 7 in addition to § 12 and on a task to the application of described in § 3 par. 2 competencies to the exercise of advanced examination regulation heilkundlicher activities for patients or patients who have been the subject of additional training according to the curriculum and the training plan. The training participants or trainees takes over all tasks, which are the subject of the treatment, including the documentation. In an interview, the training participants or trainees has to explain the diagnostic and treatment measures, to establish and to reflect the testing situation. This is to prove that the advanced skills in professional practice acquired during training can be applied and the qualification is independently to solve the tasks pursuant to § 3 para 2, which were subject to additional training. The part of the test perform the care in accordance with § 12 para 2 sentence 3 which heilkundlicher activities to elderly care training and examination regulation and additional exercise do not exceed 150 minutes. The medical examiner of trade or the medical examiner of trade is to participate in the procedure pursuant to article 12 paragraph 3 of elderly care training and examination regulation.
§ 5 (1) the old nursing schools require State recognition by the competent authority pursuant to article 4 paragraph 2, unless they are schools within the meaning of the laws of the countries. You must offer the guarantee of a proper implementation of the training.
(2) old nursing schools, which are not schools within the meaning of the laws of the countries, can Government be recognized as suitable for training, if they meet the following minimum requirements: 1 the main line of the old nursing school by an educational specialist with completed professional training in social or nursing and several years of professional experience or a completed nursing educational studies, 2. the proof of a sufficient number in relation to the number of training places of suitable , pedagogically qualified professionals for the theoretical and practical lessons, 3. the provision of the rooms necessary for the granting of the teaching and facilities as well as sufficient teaching and learning materials, 4. the proof that the required training courses can be taken for the implementation of practical training in the in section 4, paragraph 3, sentence 1 facilities mentioned in claim indefinitely.
The Board consists of more than one person, so one must meet the requirements 1 No. 1 of them to set. The State Governments are authorized to determine 1 beyond the minimum requirements by regulation set.
§ 6 access to the training requires that the candidate or the candidate not in health terms to the exercise of the profession is not suitable as well as 1 the secondary school leaving certificate or other than recognised equivalent degree in education or other finished ten-year high school, which expanded the Hauptschulabschluss, or 2. the Hauptschulabschluss or an educational qualification recognised as equivalent, if successfully completed, at least two-year vocational training or the permission as a Nursing Assistant or nursing Assistant or a regulated regulated , successfully completed training is detected by at least one year duration in the elderly care or nursing aid, or 3 one other completed ten-year basic education.
§ 7 (1) at the request of the duration of the training can be shortened according to § 4 para 1: 1 for nurses, nurses, child nurses, child nurses, geriatric nurses and geriatric nurses with three-year training to up to two years, 2 for old care assistants, old Nursing Assistant, nursing assistants, nursing aides, geriatric nursing assistants, Geriatric Nursing Assistant, geriatric assistants and geriatric aides, for up to a year.
(2) on application, the duration of the training can be shortened according to § 4 para 1 in the scope of technical equivalence for up to two years if other completed vocational training is assigned to.
(3) at the request of number 2, who were employed in a health care facility in accordance with section 71 of the eleventh book of the social code including training in a scope that is equivalent to a full-time employment of at least two years, to shorten the duration of the action to the rule education by one third of the training period is to participate in a vocational training after the third book of the social code for persons referred to in paragraph 1.
(4) at the request of the duration of the action to the rule education should be reduced when taking part in a vocational training after the third book of the social code: 1 for persons referred to in paragraph 1 number 1 3 for people set to up to two-thirds of the training period, 2. for cases of paragraph 2 by up to two-thirds of the training period, which to an extent that corresponds to a full-time employment of at least two years , tasks relating to the maintenance or support have perceived in a health care facility in accordance with section 71 of the eleventh book of the social code, on the basis of a competence assessment to one-third of the training period.
(5) the reduction must not jeopardise the implementation of the training and the achievement of the objective of the training.
(6) paragraphs 1 to 5 shall apply for the training, according to § 4 paragraph 5 accordingly.
Article 8 (1) on the duration of training pursuant to § 4 para 1 are applied: 1 a the corresponding collective bargaining agreement holiday or holiday up to six weeks a year or holiday and due to illness or other, of the old nursing student or the old nursing students for representing 2. interruptions reasons up to the total duration of 12 weeks, with shortened training according to § 7 up to a maximum of four weeks per year of training. At old nursing students also interruptions due to pregnancy count up to a maximum of four weeks per year of training up to the total duration of fourteen weeks, with shortened training according to § 7.
(2) if there is a particular hardness, excess absenteeism at the request can be applied over paragraph 1 as long as can be expected, yet achieving the training goal. In other cases, the duration of training upon request can be extended accordingly. She shall not exceed a period of five years but usually including stops.
(1) the Federal Ministry of family, senior citizens, women and youth is authorized to regulate the minimum requirements for the training according to § 4, as well as details about the State examination and the document for permission according to § 1 in agreement with the Federal Ministry of health and the Federal Ministry of education and research by decree with the consent of the Federal Council in a training and examination regulation for the profession of Altenpflegerin and the old keeper.
(2) in the regulation referred to in paragraph 1 is for people who demonstrate proof of training and a permit pursuant to section 2 para 1 No. 1 in conjunction with § 2 paragraph 3, 3a, 4 and 5 apply to rules: 1 the procedure for the examination of the conditions of section 2 para 1 No. 2 and 3, in particular the template of the evidence to be provided by the applicant person and the determination by the competent authority according to article 50 para 1 to 3 in conjunction with annex VII to Directive 2005/36/EC, 2. duty holders and holders of qualifications to lead paragraph 1 of Directive 2005/36/EC the professional title of the host Member State in accordance with article 52, and to use their any abbreviation, 3. the deadlines for the granting of the permit in accordance with article 51 of Directive 2005/36/EC, 4. as procedures over the conditions for the provision of services pursuant to section 1a in conjunction with § 10 (3) deviations from those in paragraphs 1 and 2, as well as regulations of the administrative procedure by national law contained in the legislative decree adopted on this basis are excluded.
Section 3 - section 3 providing services pursuant to sections 10 to 12 (dropped out) - section 10 (1) nationals of a Contracting State of the European economic area, which entitles the requirements of § 2 para 4 of appropriate qualifications to practice the profession of Altenpflegerin and the old nurse in another Contracting State of the European economic area, on the basis of a training completed under German legislation or on the basis of one and 1 which are legally established in a Member State or , 2. If the profession of Altenpflegerin and of the old keeper or the training for this profession in the Member State of establishment is not regulated, this profession during the previous ten years at least two years in the Member State of establishment legally exercised have, may as a service provider within the meaning of article 50 of the EC Treaty temporarily and occasionally exercise their profession within the territorial scope of this Act. The temporary and occasional nature of service provision is assessed in each individual case. In the assessment, the duration, frequency, are to include regularity and continuity of services. The permission does not exist pursuant to sentence 1, if conditions of withdrawal or a withdrawal, relating to no. 2 or no. 3 the facts according to article 2, paragraph 1, are met, a corresponding measure due to lack of German occupation permit can however not issued. sec. 1a sentence 3 shall apply accordingly.
(2) a person who wants to provide services within the meaning of paragraph 1, has to inform the competent authority. The message has to be made in writing. It is once a year to renew if the service provider intends to provide services in the area of application of this act temporarily and occasionally during the year in question.
(3) in the case of the initial message of service delivery or in case of significant changes compared with the situation in the previously submitted documents certified has to submit the service provider following certificates: 1. proof of nationality, 2 vocational qualification, 3. certificate of the legal establishment in the occupation of the Altenpflegerin and the old nurse in another Member State, that itself also on stretching, that the service provider the exercise of his activity at the time of the submission of the certificate not , also not on a temporary basis, is prohibited or in the case of paragraph 1 sentence 1 No. 2 proof in any form, that the service provider has at least two years lawfully exercised an activity corresponding to the profession of Altenpflegerin and of the old keeper during the previous ten years.
The of the German language required for the service must be. The competent authority checks the professional qualification according to sentence 1 No. 2 in the case of first-time service provision. § 2 para 4 shall apply mutatis mutandis with the proviso that for significant differences between the professional qualifications of the service provider and the training required by this law and the elderly care training and examination regulation compensation measures only may be required, if the differences are so great that public health would be at risk without the proof of lack knowledge and skills. The compensation of the missing knowledge and skills should be in the form of an aptitude test.
(4) nationals of a Contracting State of the European economic area, which are the profession of Altenpflegerin and of the old keeper on the basis of a permit according to § exercise 1a on request for purposes of service provision in another Contracting State of the European economic area certificates about to exhibit 1 as "Altenpflegerin" or "Elderly care nurse" being legally established in the territorial scope of this Act and give them the exercise of their activities do not, even temporarily , is prohibited, 2. they have the professional qualifications required to engage in the respective activity.
The same applies to third countries and third-country nationals, as far as the gender arises with regard to the recognition of qualifications under the law of the European communities.
§ 11 which competent authorities are entitled, for each service is provided by the competent authorities of the Member State of establishment about the legality of the branch and request information, that are not work-related disciplinary or criminal sanctions. On request of the competent authorities of a Contracting State of the European economic area the authorities in Germany have according to article 56 of Directive 2005/36/EC of the requesting authority all information about the legality of the branch and the good management of the service provider, and information that are not work-related disciplinary or criminal sanctions, to submit.
Have the rights and obligations of persons with a permit 12 themselves and elderly care nurse within the meaning of section 10 in the provision of services in the area of application of this act according to § 1a. Will violate these obligations, the competent authority shall notify without delay the competent authority of the Member State of establishment this service provider about this.
Section 4 to § 13 (1) which has support of practical training, which provides a person training according to this law, close training relationship with this a written contract for the entire duration of the training in accordance with the provisions of this section. Carrier of the practical training can be: 1. the institution of an institution within the meaning of § 4 para 3 sentence 1, who runs a State-recognized old nursing school, 2. the institution of an institution within the meaning of § 4 para 3 sentence 1, who has signed a contract for conducting practical training with a recognized old nursing school or an old nursing school within the meaning of the laws of the countries.
Country Governments be empowered to regulate the details to determine the institution of practical training by regulation.
(2) the training contract must at least include: 1 the career goal which serves the education, 2. the beginning and the duration of training, 3. information on the substantive and temporal structure of practical training in accordance with the education and examination regulation, 4. the duration of the regular daily or weekly practical training period, 5. the amount of the monthly training remuneration, 5a.
Costs to be reimbursed 17 para 1a pursuant to § training, 6 the duration of the probationary period, 7 the duration of leave, 8 the requirements under the contract may be terminated, 9 are a note held in general terms on the collective agreements, operation or service agreements, to apply the training relationship.
(3) on the contract are, as far as its nature and purpose and from this act otherwise, to apply the law applicable to employment contracts and legal principles.
(4) the training contract must be signed by a representative or a representative of the carrier of the practical training, as well as the student or the student and their legal representative. A copy of the signed training agreement must be immediately handed the student or the student and their legal representative.
(5) in the case of changes to the training contract, paragraphs 1 to 4 shall apply mutatis mutandis.
(6) the contract requires 1 set to its effectiveness in the case of paragraph 2 No. 2 of the consent of the old nursing school.
(1) an agreement that limits the exercise of professional activity for the period after termination of the training, is null and void. This does not apply if the student or the student enters an employment relationship within the last three months of the training ratio for the time after its termination indefinitely.
(2) also an agreement on 1 is annul the exclusion or limitation of damages, 4. the commitment of the student or the student's practical training to pay compensation, 2 penalties, 3. the amount of the compensation in respect.
Section 15 (1) the volumes of the practical training has been training as planned, temporally and factually 1 in a form provided by their purpose so carried out that the training objective in the allotted training time, 2. the pupil and the student free of charge required resources, instruments and apparatus to provide practical training and to drop the respective prescribed audit , 3. to ensure that the practical training in accordance with § 4 para 3 is performed.
Only transactions may be transferred (2) the student and the student who serve the purpose of education; they must be proportionate to the level of their training and their forces.
§ 16 the student and the student have to try to acquire the knowledge, abilities and skills, which are required to achieve the goal of education. They are in particular required 1 in the prescribed training events to participate 2. the tasks entrusted to them in the context of training and carrying out tasks carefully run, 3. to comply the provisions applicable to employees in the respective bodies about the confidentiality and maintain silence about company secrets.
Article 17 (1) the volumes of the practical training has the student or the student for the entire period of training to pay an appropriate remuneration of education, if not at professional development claims for unemployment benefits, after the third book of the social code on Arbeitslosengeld II according to the second book of the social code or transition money according to the rules applicable to the services for participation in working life.
(1a) In the third year of training to the Altenpflegerin or to the geriatric nurses, that begins after December 31, 2005, the practical training has to the student or the student's opinion about the training allowance, the training costs according to article 83, paragraph 1 number 2-4 of the third book of the social code shall, unless they are in their third year of training.
(2) benefits in kind cannot, in the amount of Ordinance according to § 17 para 1 sentence 1 No. 3 of the fourth book of the social code specific values are recognised, over 75 per cent of the gross remuneration. Can the benefits in kind not during the time for which the training allowance payable on is, for justifiable reason be removed, they are after the thing benchmarks to pay.
(3) beyond the regular daily or weekly training time employment is allowed only exceptionally and in particular to pay for.
§ Begins 18 the training relationship with the trial period. She is six months.
Section 19 (1) the training expire regardless of the date of the State examination with the end of the training period. With training in the framework of pilot projects according to § 4 section 7, it ends at the end of the training period extended according to § 4 paragraph 1 sentence 4.
(2) if the respective prescribed examination is not passed, so the training ratio on written request extends up to the next possible repeat test, but no more than for a year.
Section 20 (1) during the trial period the training ratio may be terminated at any time without notice.
(2) after the trial period the training may be terminated only: 1. without notice for an important reason, 2. the pupil and the pupil with a notice period of four weeks.
(3) the notice must be in writing and, in the cases of paragraph 2 No. 1, stating the grounds for dismissal.
(4) a notice for an important reason is invalid, if the underlying facts are those entitled to terminate the contract for more than two weeks known. A planned conciliation proceedings before a judicial authority is initiated, the barrel of this period is inhibited until its end.
Section 21 is the student or the student after the education ratio busy, without having this expressly, something has been agreed, as an employment relationship for an indefinite period is considered justified.
Article 22 an agreement that is different to the detriment of the pupil or the pupil from the provisions of section 4 of this law, is null and void.
The sections 13 to 22 section 23 does not apply to students and pupils, the Deaconesses, Diakonie sisters or members of religious communities.
Section can the cost of training compensation 5 settlement of costs § 24 of the institution of practical training as well as you consider under § 17 para 1a Rapporteur continuing education costs in the charges or fees for his services. Does not include: 1 the expenses for the storage, repair or maintenance of education, 2. operating costs (personnel and non-personnel costs) of schools, as well as 3. the administrative costs of a compensation process to § 25.
Equipment that is approved (approved nursing facilities), as well as facilities with arrangements referred to in article 75 para. 3 of the twelfth book of the social code is to the outpatient, partial or full inpatient treatment of care after the eleventh book of the social code taking into account the cost of the training allowance and according to § 17 para 1a to rapporteur continuing education costs including a training levy (§ 25) in the remuneration exclusively according to these laws.
The State Governments are authorised § 25 (1) to determine, that of raising the financing for the cost of training compensation and the according to § 17 compensations, collected para 1a Rapporteur continuing education costs of the facilities referred to in section 4, paragraph 3, sentence 1, regardless of whether sections of the practical training be carried out there by a regulation. This applies however only, if a compensation procedure is necessary to prevent or eliminate a lack of training places.
(2) a provincial government introduces a balancing process, the total height of the compensatory amounts shall not exceed the estimated resources needed to finance an adequate supply of training places. The State governments regulate details concerning the calculation of the balance of costs and compensation procedure. You determine the body responsible for the implementation of the balance of the costs. Article 24, sentence 2 and 3 shall remain unaffected.
(3) a provincial government introduced a compensation procedure referred to in paragraph 1, it is obliged to examine the necessity of continuing at reasonable time intervals.
Footnote section 25: In force com. No. 2 BVerfGE v. 24.10.2002 I 4410-2 BvF 1/01 - mWv 25.10.2002 section 6 responsibilities section 26 (1) the decision on the permission in accordance with section 2 paragraph 1 meets the competent authority of the country in which the applicant person has passed the examination in the cases of § 2 para 3 to 5, the decision on the permit will the authority of the country in which the application was made.
(2) after the articles 6, 7 and 8, the competent authority of the country in which the applicant person wants to participate in a training or participates takes decisions.
(2a) the message receives the competent authority of the country according to § 10 par. 2 and 3, in which the service is to be provided or is provided. It calls the information pursuant to § 11, sentence 1. The information transmitted pursuant to section 11 set 2 by the competent authority of the country, where the profession of Altenpflegerin or of the old keeper is exercised or is exercised last. The notification of the Member State of origin in accordance with article 12 is carried out by the competent authority of the country in which the service is provided or is provided. According to § 10 para 4, the competent authority of the country issuing certificates in which the applicant person exercising the profession of Altenpflegerin or of the old keeper.
(3) the countries determine the authorities for the implementation of this Act.
Section 7 is fine rules section 27 (1) any person who leads the professional title "Altenpflegerin" or "Elderly care nurse" without permission according to § 1.
(2) the offence can be punished with a fine up to three thousand euros.
Footnote § 27: In force com. 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 section 28 for training for the professions regulated in this law is the vocational training act not apply.
Section 9 transitional provisions article 29
(1) a prior to entry into force of this Act under national provisions granted recognition as a nationally recognized Altenpflegerin or nationally recognized geriatric nurses is considered permission according to § 1. In the land of Bremen according to the guidelines on training and the final examination at private schools for geriatric nurses from August 29, 1979 (Official Journal of the free Hanseatic City of Bremen in 1979, p. 545) issued diploma training commenced before entry into force of this Act to the federally recognized Altenpflegerin is also permission according to § 1 (2) or the State-approved geriatric nurses is completed according to the existing national regulations. After completion of training the applicant receives, if the conditions of section 2 para 1 No. 2 and 3, a permit referred to in paragraph 1.
Section 30 are considered old nursing schools, which have received State recognition or the educational permit before entry into force of this act according to national regulations, State-recognized or schulrechtlich approved according to § 5 para 1, unless the recognition or the educational permit is not withdrawn.
Article 31 in the free and Hanseatic City of Hamburg will continue through the training to the professions governed by this Act until July 31, 2006 after the vocational training Act.
Article 32 § 6 No. 3 occurs on 31 December 2017 override.
Article 33 the Federal Ministry for family, senior citizens, women and youth reimbursed the Bundestag until December 31, 2015, the experience that number 3 were made with the application of section 6 report.
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