Law On Professions In 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 (geriatric care law-AltPflG)

unofficial table of contents

AltPflG

date of release: 17.11.2000

full quote:

" Altencare Act in the version of the Notice of 25 March August 2003 (BGBl. 1690), as last amended by Article 1 of the Law of 13. March 2013 (BGBl. I p. 446) "

:Recaught by Bek. v. 25.8.2003 I 1690
Last modified by Art. 1 G v. 13.3.2013 I 446

For details see 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 November 2000.
The entry into force of the G becomes gem. 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 decision. 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 acc. Decision of the BVerfG v. 29.4.2002 I 1678 (2 BvQ 48/00) repeated again.
The G occurs gem. BVerfGE v. 24.10.2002 I 4410-2 BvF 1/01-on 1.8.2003 in force. § 4 (6), § § 9 and Twenty-five shall enter. 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.

Section 1
Permission

Non-official table of contents

§ 1

The Professional titles "Senior Caregiver" or "Senior Caregiver" 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. Non-official table of contents

§ 1a

Senior Caregiver and Senior Caregiver, the nationals of a Contracting State of the European Economic Area , the professional title referred to in Article 1 of this Act shall, within the scope of this Act, lead to a professional activity as a temporary and occasional service within the meaning of Article 50 of the EC Treaty within the scope of this Act. Apply the law. 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. Non-official table of contents

§ 2

(1) The permission in accordance with § 1 is to be granted on request if the applicant person
1.
the training prescribed by this law, and the required check ,
2.
has not found itself guilty of conduct resulting in the unreliability of exercising the profession,
3.
not unsuitable in health for exercising the profession and
4.
over the (
)
permission 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 national regulations corresponding to § § 48 and 49 of the Administrative Procedure Act remain unaffected.(3) Subject to paragraphs 4 and 5, in the case of completed training acquired outside the scope of this Law and outside another Contracting State of the European Economic Area, the conditions set out in paragraph 1 shall apply. Number 1 shall be deemed to be 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 nurse and the The invention relates to a method for controlling the use of a computer There are significant differences within the meaning of the second sentence, if
1.
is the duration of the training provided by the applicant at least one year under the training period referred to in the duration of the training regulated by this law,
2.
their training is related to learning fields which differ significantly from those obtained by the training provided by of this law and of the geriatric care training and examination regulations are required, or
3.
the occupation of the elderly nurse and the elderly care worker one or more regulated activities which, in the country of origin of the applicant, are not part of the profession of the elderly nurse and the nurse, and where that difference in a particular training , which is required under this Act and the Geriatric Care and Examination Regulation and refers to learning fields which differ significantly from those covered by the evidence of formal qualifications issued by the applicant. The applicant shall not, and
, provide the applicant with knowledge which, in the course of his or her professional practice, may, in whole or in part, be able to compensate for it, irrespective of the State in which the person was 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 a maximum three-year adaptation period or the laying down 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 be carried out in the case of the individual case of sentence 6, which shall cover the(3a) Paragraph 3, sentences 1 to 4, shall apply mutatily to applicants who have a certificate of training from a State other than the Contracting State of the European Economic Area (third country) who are in another State Party to 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) In the case of persons applying for a permit pursuant to § 1, the condition set out in paragraph 1 (1) shall be deemed to have been fulfilled if a diploma obtained in another Contracting State of the European Economic Area cerls that the holder of the diploma or certificate shall be entitled to: The holder has completed an apprenticeship which is required in that State for access to a profession corresponding to the profession of the elderly care nurse and the elderly care worker. 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. On the recognition of professional qualifications (OJ L 327, 28.12.2005, p. EU No OJ L 255, p. 22, 2007 No 18), as amended, which certify that the professional qualification level of the holder or the holder is at least directly below the level referred to in Article 11 (1) (c) of the 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 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 the rights acquired in accordance with the rules applicable there. Applicants with a training certificate 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 training period is at least one year below the duration of the training regulated by this law,
2.
their training is related to learning fields that are significantly different from those provided by the training provided by this law and the care of the elderly-and 3
3.
The profession of the elderly nurse and the elderly nurse includes one or more regulated activities that are regulated in the The Member State of origin of the applicant shall not form part of the profession corresponding to the profession of the elderly nurse and the elderly person, and if that difference exists in a special training which is subject to the provisions of this Act and the An old-age-care-training and examination regulation is required and refers to learning fields which differ significantly from those covered by the evidence of formal qualifications that the applicant submits,
4.
their training certificate only certifies an education on the level referred to in Article 11 (b) of the Directive and
their proven professional experience is independent of the State in which it was acquired shall not be appropriate for the total or partial compensation of the differences referred to in points 1 to 4. The applicant has 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 which, in accordance with the law of the European Communities, are recognised as being recognised in the Community.(6) The Professional Qualification Order Act shall not apply with the exception of § 17.(7) Countries may agree that the tasks referred to in paragraphs 3 to 5 shall be carried out by another country or by a common body. Non-official table of contents

§ 2a

(1) The competent authorities of the country where the profession of the elderly care nurse or the elderly care worker is practised , the competent authorities of the home Member State shall inform the competent authorities of the existence of criminal penalties, the withdrawal, the revocation and the arrangement of the frenchment of the licence, of the subjection of the the performance of the activity and the facts which would justify any of those penalties or measures, in accordance with the rules on the 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. Countries may determine joint positions in order to carry out the tasks referred to in sentences 1 and 2.(2) The Federal Ministry for Family Affairs, Senior Citizens, Women and Youth, after notification by the Länder, shall designate the authorities and bodies responsible for issuing or receiving the training qualifications and other qualifications referred to in Directive 2005 /36/EC the documents or information, and the authorities and bodies which may accept the applications and take the decisions relating to this Directive. It shall immediately inform the other Member States and the European Commission.(3) The authorities and bodies responsible for the decisions pursuant to this law shall submit to the Federal Ministry for Family Affairs, Senior Citizens, Women and Youth the documents necessary to ensure compliance with the provisions of Article 60 (1) of Directive 2005 /36/EC of the Report to the European Commission on the application of this Directive.

Section 2
Education in the elderly

unofficial table of contents

§ 3

(1) The training in care for the elderly is intended to provide the knowledge, skills and skills necessary for self-employed and self-responsible care including advice, monitoring and care of old people. In particular, this includes:
1.
the sach and expert, the generally accepted Comprehensive and planned care, in particular for medical and nursing findings,
2.
the involvement in the treatment sick old people, including the execution 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 care, care and treatment,
5.
the health care including the nutritional advice,
6.
the comprehensive support Dying,
7.
the guidance, advice, and support of nurses who are not nurses,
8.
the care and advice of old people in their personal and social affairs,
9.
the Support for the preservation and activation of the independent lifestyle, including the promotion of social contacts and
10.
the stimulation and support of families and families. Neighbourhood assistance and the advising of caring relatives.
In addition, training should be able to cooperate with other people working in the care of the elderly and to carry out the administrative work that has been carried out in the are directly related to the tasks in the care of the elderly.(2) In so far as expanded competences are tested in model projects according to § 4 paragraph 7, the training also has to extend to the ability to carry out the activities for which the model project qualifies . The details of the curricula of the nursing schools and the training plans of the institutions of practical training. Non-official table of contents

§ 4

(1) The training takes three years, regardless 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. The details of the curricula of the nursing schools and the training plans of the institutions of practical training.(2) Teaching is given in nursing schools.(3) The practical training will be provided in the following institutions:
1.
in a home in the sense of § § § § 3. 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 its field of activity includes the care of old people.
Sections of practical training can take place in other institutions where old people are cared for. These include, in particular,
1.
psychiatric clinics with gerontopsychiatric department or others Institutions of the community psychiatry,
2.
General hospitals, in particular with geriatric specialist department or geriatric centre of gravity, or geriatric Specialist clinics,
3.
geriatric rehabilitation facilities,
4.
Open facilities of the open air Altenhilfe.
(4) The overall responsibility for the training is borne by the nursing school for the elderly, unless it is transferred by the 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 place of the nursing school for the elderly.(5) The training may also be carried out in part-time form, and in this case it may take up to five years.(6) The Länder of paragraphs 2, 3 and 4 and of the provisions of § 9 may be used for the temporary testing of training offers which are intended to serve the further development of nursing professions in the light of the occupational field-specific requirements. the training and examination regulations to be issued, provided that the training objective is not jeopardised.(7) In the case of temporary testing of training offers which are used for the further development of the profession regulated under this Act in the context of model projects according to § 63, paragraph 3c of the Fifth Book of Social Code, the provisions of Section 3 (1) of the Book of Social Code may be used. In addition to the tasks described above, extended competencies are mediated for the exercise of healing 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 according to § 4 (1) (1) (5). No. 2 BVerfGE v. 24.10.2002 I 4410-2 BvF 1/01-mWv 1.8.2003, para. 6 mWv 25.10.2002 A non-official table of contents

§ 4a

(1) § 5 para. 2 of the geriatric care training and education system The examination regulations apply in the case of 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 (1) of the Altenpflege-Training and Examination Ordinance applies to training in accordance with § 4 (7) with the proviso that the examination committee according to § 6 (1) and the specialist committees according to § 7 (1) of the Altenpflege-Training and Examination Ordinance a medical examiner, or a medical examiner, who has informed the course participant or the trainee in the extended competences for the exercise of his/her activities, the subject-matter of the state examination. By way of derogation from § 6 (1) sentence 1 of the Altenpflege-Training and Examination Ordinance, the examination board at the university is formed in the course of training courses held at universities.(3) The certificate in accordance with § 14 (2) sentence 1 of the Altenpflege-Training and Examination Ordinance is to be accompanied by a certificate of the nursing school for the elderly in the course of a model project according to § 4 (7), from which the medical Activities which have been the subject of the additional training and the extended state examination.(4) The written part of the examination extends to the subject areas in accordance with § 10 (1) of the Altenpflege-Training and Examination Ordinance on the subject area for the exercise of a model project in accordance with Section 4 (7) of the German Geriatric Nursing-Training and Examination Regulations. curative activities, which 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 nursing school or college at which the Training has taken place.(5) The oral part of the examination extends to the subject areas in accordance with § 11 (1) of the Altenpflege-Training and Examination Ordinance on the subject area for the exercise of training in the context of model projects according to § 4 (7). curative activities, which was the subject of the additional training in accordance with the curriculum and the training plan. 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 section 7 (1) no. 2 of the nursing training and examination regulations envy the services in the additional training area.(6) The practical part of the examination extends in the case of training courses in the context of model projects according to § 4 (7) in addition to § 12 para. 1 of the Altenpflege-Training and Examination Ordinance on a task for the application of the Extended competencies to exercise curative activities in patients or patients who were the subject of the additional training in accordance with the curriculum and the training plan. 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 course of training can be applied in professional practice and that the ability to perform the tasks in accordance with Article 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. Non-official table of contents

§ 5

(1) The nursing schools in accordance with § 4 (2) require state recognition by the competent authority, that it is because they are schools in the sense of the school law of the countries. They must guarantee the proper implementation of the training.(2) Old nursing schools, which are not schools in the sense of the school law of the Länder, can be recognised as eligible for training by the state if they meet the following minimum requirements:
1.
the senior management of the senior nursing school by a pedagogically qualified professional with completed vocational training in the social or nursing fields and several years of professional experience or a completed course of studies in nursing education,
2.
Proof of a sufficient number of suitable, pedagogically qualified specialists for theoretical and practical training in proportion to the number of training places,
3.
the maintenance of the spaces and facilities needed for teaching, as well as adequate teaching and learning tools,
4.
proof that the required training places for the implementation of the practical training in the institutions mentioned in § 4 (3) sentence 1 are permanently in demand
If the line consists of several persons, one of them must comply with the requirements set out in the first sentence of 1. The State Governments shall be empowered to lay down minimum requirements in excess of the first sentence of the Law. Non-official table of contents

§ 6

The prerequisite for access to the training is that the applicant does not have a health service in the health care sector. is unsuitable for exercising the profession and
1.
the Realschulabschluss or any other than an equivalent recognised education or another completed ten-year schooling that extends the primary school qualification, or
2.
the primary school degree or an educational qualification recognised as equivalent, provided that a successfully completed, at least two-year vocational training, or a permit as a nurse or a nurse or a national legal, completed 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 years of general schooling.
Non-official table of contents

§ 7

(1) The duration of the training according to § 4 may be applied upon request. paragraph 1:
1.
for nurses, nurses, pediatric nurses, Paediatric nurses, nursery care providers with three years of training for up to two years,
2.
for women caregivers of the elderly, Elderly care workers, nurses, nurses, nursery care workers, care workers for the care of children, education workers for the care of children up to one year.
(2) The duration of the training can be applied to the application. In accordance with Section 4 (1), the scope of professional equivalence shall be shortened by up to two years if another completed vocational training is proved.(3) In the case of participation in a continuing vocational training programme, application shall be made in accordance with the Third Book of the Social Code for persons referred to in paragraph 1 (2), including training on a scale equal to full-time employment of at least two years. , according to § 71 of the Eleventh Book of the Social Code, in a care facility, the duration of the measure is to be shortened by one third of the training period compared to the regular training period.(4) On request, the duration of the measure in relation to the regular training should be shortened in the case of participation in a continuing vocational training according to the Third Book of Social Code:
1.
for people under paragraph 1, number 1 by up to two-thirds of training time,
2.
for cases in paragraph 2, up to two-thirds of training time,
3.
for people who are in a Extent that corresponds to a full-time employment of at least two years, in a care facility according to § 71 of the Eleventh Book of Social Code, have performed tasks in the field of care or care, on the basis of a Competence determination by one third of the training period.
(5) The reduction must 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). Non-official table of contents

§ 8

(1) The duration of an education in accordance with § 4 (1) shall be counted as follows:
1.
a vacation or holiday of up to six weeks on an annual or holiday basis for a collective agreement and
2.
Interruptions due to illness or other reasons not to be taken by the care of the elderly or the care of the elderly, up to the total duration of 12 weeks, in the case of shortened trainings according to § 7 up to a maximum of four weeks per 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, shall be credited.
(2) In the event of a hardship, any absences beyond paragraph 1 may be credited to the application if it is to be expected that the training target will nevertheless be reached. 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. Non-official table of contents

§ 9

(1) The Federal Ministry for Family Affairs, Senior Citizens, Women and Youth is authorized to do so by agreement with the Federal Ministry of Health and the Federal Ministry of Education and Research, with the approval of the Federal Council, with the approval of the Federal Council, in a regulation on the training and examination of the profession of the elderly nurse and the elderly care provider. Minimum requirements for the training according to § 4 as well as the further information on the state examination and the certificate for the permission in accordance with § 1.(2) The legal regulation referred to in paragraph 1 shall apply to persons who provide evidence of formal qualifications and who apply for a licence pursuant to Article 2 (1) (1) in conjunction with § 2 (3), 3a, 4 or 5: style="font-weight:normal; font-style:normal; text-decoration:none; ">
1.
the procedure for checking the requirements of § 2 para. 1 no. 2 and 3, in particular the template the evidence to be provided by the requesting person and the identification by the competent authority in accordance with Article 50 (1) to (3) in conjunction with Annex VII to Directive 2005 /36/EC,
2.
the obligation of holders of training certificates to apply the professional title of the host Member State in accordance with the provisions of Article 52 (1) of Directive 2005 /36/EC ,
3.
the deadlines for granting permission in accordance with Article 51 of Directive 2005 /36/EC,
4.
as a procedure for the provision of services in accordance with § 1a in conjunction with § 10.
(3) Deviations from the provisions of paragraphs 1 and 2 and the provisions of these The regulations of the administrative procedure contained in the legal regulation are excluded by the law of the state.

Section 3
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Section 3
Providing services

Non-tamous table of contents

§ § 10 to 12 (omitted)

- Non-official table of contents

§ 10

(1) Nationals of a Contracting State of the European Economic Area, which are nationals of the Exercise of the occupation of the elderly nurse and of the elderly 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 of the requirements of § 2 (4) corresponding training certificates are entitled and
1.
which are lawfully established in a Member State or,
2.
if the job of the elderly nurse and the elderly care worker or the training for this profession is not regulated in the Member State of establishment, this profession during the previous have been lawfully exercised in the Member State of establishment for at least two years,
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 the Apply the law. 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 fulfilled by a corresponding measure in the absence of a German professional permit. but cannot be adopted. § 1a, sentence 3 shall apply accordingly.(2) Those who wish to provide services within the meaning of paragraph 1 shall report this to 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) In the case of the first notification of the provision of services or in the case of substantial changes to the situation in the documents submitted to date, the service provider shall submit the following certificates:
1.
Certificate of Nationality,
2.
Professional Qualification,
3.
Certificate of legal establishment in the profession of the elderly nurse and the elderly nurse in another Member State, which also extends to the fact that the service provider the performance of his duties at the time of the submission of the certificate is not, even temporarily, prohibited or, in the case of the first sentence of the first subparagraph of paragraph 1, proof in any form that the service provider is one of the Elderly nurse and the elderly nurse have been legally active for at least two years during the previous 10 years.
The knowledge of the German language required for the performance of the service must be exist. 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, with the proviso that there are significant 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 compensation of the missing knowledge and skills should take the form of an aptitude test.(4) Nationals of a Contracting State of the European Economic Area who, under this Act, exercise the occupation of the elderly nurse and the elderly care person on the basis of a permit pursuant to § 1a shall be subject to application for the purpose of: to issue a service provision in another Contracting State of the European Economic Area certifying that
1.
is the "elderly nurse" or "Senior Caregiver" ("Senior Caregiver") are lawfully established and are not prohibited from carrying out their activities, including temporarily,
2.
The same applies to third countries and third-country nationals, in so far as the recognition of evidence of formal qualifications is based on the law of the European Communities. to achieve equality. Non-official table of contents

§ 11

The competent authorities are entitled to apply for any provision of services by the competent authorities of the The Member State of establishment shall require information on the lawfulness of the establishment and the absence of professional 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. Non-official table of contents

§ 12

Senior Caregiver for Senior Caregiver in the sense of § 10 have to apply in the scope of the provision of the service this law the rights and obligations of persons with a permit pursuant to § 1a. Where these obligations are infringed, the competent authority shall immediately inform the competent authority of the Member State of establishment of that service provider hereof.

Section 4
Training Ratio

Non-official table of contents

§ 13

(1) The institution of the practical training, which is a person for the Training provided for in this Act shall include a written training contract for the entire duration of the training, in accordance with the provisions of this Section. The institution of the practical training may be:
1.
the institution of a body within the meaning of § 4 (3) Sentence 1, which operates a state-approved nursing school for the elderly,
2.
the institution of a body within the meaning of Article 4 (3), first sentence, of the institution with a state-recognised An old-care school or a nursing school in the sense of the school law of the Länder has concluded a contract for the implementation of practical training.
The national governments shall be authorized to provide further information on the determination of the institutions of the to regulate practical training by means of a legal regulation.(2) The training contract must contain at least:
1.
the professional goal to which the training
2.
The beginning and duration of the training,
3.
Information about the content and content of the training. Chronological breakdown of the practical training according to the Training and Examination Regulation,
4.
the duration of regular daily or weekly practical training Training time,
5.
the amount of monthly training allowance,
5a.
the amount of the monthly training allowance. Section 17 (1a), continuing training costs,
6.
the duration of the probationary period,
7.
the Duration of leave,
8.
the requirements under which the training contract can be terminated
9.
a general-form reference to the collective agreements, operating or service agreements to be applied to the training relationship.
(3) In so far as the nature and purpose of the contract, and the provisions of this Act, do not provide otherwise, the contract of training shall be the law applicable to employment contracts and the principles of law applicable to employment contracts.(4) The training contract must be signed by a representative of the institution of the practical training, as well as by the student or the student and their legal representative. A copy of the signed training contract is to be handed out immediately to 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 accordingly.(6) 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. Non-official table of contents

§ 14

(1) An agreement that provides for the pursuit of the professional activity for the period after the end of the Training ratio is restricted, is void. This shall not apply if the pupil or the pupil enters into a working relationship indefinitely within the last three months of the training relationship for the period following the termination of the training.(2) In addition, an agreement on
1.
is the obligation of the pupil or student for which: practical training to pay compensation,
2.
contract penalties,
3.
the Exclusion or limitation of claims for damages,
4.
fixing the amount of the damages in lump sums.
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§ 15

(1) The bearer of practical training has
1.
the training in a form provided by its purpose, according to schedule, temporally and objectively structured so that the training objective can be achieved in the planned training period,
2.
the pupil and the pupil free the training resources, to make available instruments and apparatus necessary for the practical training and the laying down of the prescribed test,
3.
ensuring that the practical training is carried out in accordance with § 4 paragraph 3.
(2) The student and the student may only be transferred to those who are responsible for the training purposes; they must be appropriate to their training status and to their forces. Non-official table of contents

§ 16

The student and the student have to try to acquire the knowledge, skills, and skills that are in order to achieve the training objective. In particular, they are obliged to
1.
at the prescribed training events
2.
carefully to perform the tasks and directions given to them in the course of training,
3.
to comply with the rules on confidentiality of employees in the respective institutions and to keep quiet about the secrets of business secrets.
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§ 17

(1) The student of practical training has a student for the entire duration of the training. To the extent that claims for unemployment benefit according to the Third Book of Social Code, unemployment benefit II in accordance with the Second Book of the Social Code or transitional allowance in accordance with the provisions of the Third Book of Social Code are to be paid in accordance with the provisions of the Third Book of Social Code the rules governing the participation in working life.(1a) In the third year of training, a further training course for the elderly nurse or the elderly nurse, which is based on the 31. In December 2005, the institution of the practical training of the pupil, or the pupil, shall, in addition to the training allowance, reimburse the training costs in accordance with § 83 (1) (2) to (4) of the Third Book of Social Code, provided that they are incurred in the third year of training.(2) In the case of non-cash benefits, the amount of the values determined by the legal regulation pursuant to Article 17 (1), first sentence, No. 3 of the Fourth Book of the Social Code may be credited, but not more than 75 per cent of 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) Employment beyond the agreed regular daily or weekly training period shall be admissible only exceptionally and in particular to be remunerated. Non-official table of contents

§ 18

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

§ 19

(1) The training relationship ends, regardless of the date of the state examination, with the expiry of the Training time. 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 test is not passed, the training ratio shall be extended to the nearest possible repetition test, but not more than one year, on written request. Non-official 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 complying with a Notice period for one important reason,
2.
from the student and the student with a notice period of four weeks.
(3) The termination must be written and in the cases referred to in paragraph 2, point 1, giving notice of the reasons for dismissal.(4) A termination for an important reason shall be ineffective if the facts on which it is based are known to those entitled to terminate the contract 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. Non-official table of contents

§ 21

If the student is employed after the apprenticeship, the student will not be able to do so. , an employment relationship shall be deemed to have been expressly established for an indefinite period. Unofficial table of contents

§ 22

An agreement that is in favor of the student or the student of the provisions of Section 4 of this Law deviates, is void. Non-official table of contents

§ 23

§ § 13 to 22 do not apply to pupils, the diaconesses, the diaconians, or the deaconesses. Members of clerical communities.

Section 5
Costing

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§ 24

The institution of the practical training may cover the costs of the training allowance as well as the continuing training costs to be reimburseed by him in accordance with section 17 (1a) in the charges or allowances for his/her benefits shall be considered. Excluded:
1.
The expenses for the maintenance, maintenance or maintenance of Training sites,
2.
the running costs (personnel and material costs) of the training facilities, and
3.
the administrative costs for a compensation procedure in accordance with § 25.
In the case of facilities for the outpatient, part-or full-care provision of care in need of the eleventh In the case of institutions with agreements pursuant to § 75 (3) of the Twelfth Book of the Social Code, the costs of the training allowance and of the provisions of § § 75 (3) of the German Social Code (Sozialgesetzbuch) are subject to the following conditions: 17 (1a) for further training costs, including a training environment (§ 25) in the remuneration only in accordance with these laws. Non-official table of contents

§ 25

(1) The state governments are authorized to determine by means of a decree law that to apply the funds for the costs of the training allowance and the training costs to be reimbured in accordance with Article 17 (1a) of the institutions referred to in Article 4 (3), first sentence, compensatory amounts shall be collected, irrespective of whether there are sections of the practical training allowance Training will be carried out. However, this only applies if a compensation procedure is required in order to prevent or eliminate a shortage of training places.(2) If a national government implements a countervailing procedure, the total amount of compensatory amounts shall not exceed 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 sentence 2 and 3 shall remain unaffected.(3) Where a national government has introduced a countervailing procedure under paragraph 1, it shall be obliged to review at appropriate intervals the need for continuation.

footnote

§ 25: In force, in accordance with Article 25 (1). No. 2 BVerfGE v. 24.10.2002 I 4410-2 BvF 1/01-mWv 25.10.2002

Section 6
responsibilities

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§ 26

(1) The decision to grant permission pursuant to § 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 (3) to (5), the decision shall be taken by the competent authority of the country in which the applicant has filed the examination. the authority of the country in which the application has been made.(2) The decisions taken in accordance with § § 6, 7 and 8 shall be taken by the competent authority of the country in which the applicant wishes to participate in or participate in an education.(2a) The notification in accordance with § 10 (2) and (3) shall accept 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 carries out the occupation of the elderly nurse or of the elderly care person.(3) Countries shall determine the authorities responsible for the implementation of this law.

Section 7
Bußmonetary Regulations

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§ 27

(1) is illegal, who leads the professional title "Altenpflegerin" or "Altenpfleger" without permission in accordance with § 1.(2) The administrative offence can be punished with a fine of up to three thousand euros.

footnote

§ 27: In force according to the law. No. 2 BVerfGE v. 24.10.2002 I 4410-2 BvF 1/01-mWv 1.8.2003

Section 8
No Application of Vocational Training Act

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§ 28

The Vocational Training Act does not apply to training on the professions regulated in this law.

Section 9
Transitional Rules

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§ 29

(1) One Before The entry into force of this Act in accordance with the provisions of national law granted recognition as a state-approved elderly nurse or state-approved elderly nurse is considered to be a permission in accordance with § 1. In the federal state of Bremen according to the guidelines on the training and the final examination at private schools for senior citizens of the 29. August 1979 (Official Journal of the Free Hanseatic City of Bremen, 1979, p. 545) The final certificate issued is also valid as a 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 provisions of the existing national law. 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. Non-official table of contents

§ 30

Altenpflegeschulen, who before the entry into force of this law, according to national regulations, the state Recognition or the approval of the school-law shall be deemed to be state-approved or approved in accordance with the provisions of Section 5 (1), unless the recognition or the approval of the school-law is withdrawn. Non-official table of contents

§ 31

In the Free and Hanseatic City of Hamburg, the training for the professions regulated by this Act is up to 31. The Commission continued to implement the Vocational Training Act in July 2006. Non-official table of contents

§ 32

§ 6 number 3 occurs on 31. December 2017, out of force. Non-official table of contents

§ 33

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