Federal Medical Regulations

Original Language Title: Bundesärzteordnung

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Bundesärzteordnung

Non-official table of contents

BÄO

Date of delivery: 02.10.1961

Full quote:

" Bundesärzteordnung in der Version der Notice vom 16. April 1987 (BGBl. 1218), as last amended by Article 2 of the Regulation of 21 December 2000. July 2014 (BGBl. I p. 1301) is changed "

:The new version by Bek. v. 16.4.1987 I 1218;
last modified by Art. 2 V v. 21.7.2014 I 1301

See Notes

Footnote

(+ + + Text credits: 2.3.1983 + + +)
(+ + +) for more details. Changes due to EinigVtr cf. § § 3, 4, 5, 12, 13, 13a, 14 u. 14a + + +)

I.
The medical profession

Non-tamous table of contents

§ 1

(1) The physician serves the health of the individual person and of the entire people.(2) The medical profession is not a business; it is in its nature a free profession. Non-official table of contents

§ 2

(1) If you want to exercise your medical profession within the scope of this law, you need to have an Approbation as a doctor.(2) A temporary or limited exercise of the medical profession within the scope of this Act, limited to certain activities, is also admissible on the basis of a permit.(3) Doctors who are nationals of a Member State of the European Union or of another Contracting State of the Agreement on the European Economic Area or of a Contracting State, to Germany and to the European Community, or Germany and the European Union have been contractually entitled to a corresponding legal claim, may pursue a medical profession within the scope of this Act without a trial as a doctor or without permission for the temporary exercise of the practising medical profession, provided that they are temporarily and occasionally acting as providers of services within the meaning of Article 50 of the EC Treaty within the scope of this Act. However, they are subject to the notification requirement under this Act.(4) The inter-governmental contracts concluded for this purpose shall apply to the exercise of the medical profession in border areas by doctors who are not established in the territory of the country.(5) The exercise of the medical profession is the exercise of the medical certificate under the professional title "physician" or "doctor". Non-official table of contents

§ 2a

The professional title "Doctor" or "Doctor" may only lead to who is approved as a doctor or in accordance with § 2 para. 2, 3 or 4. .

II.
The Approbation

Non-official Table of contents

§ 3

(1) Approbation as a doctor is to be granted upon request, if the applicant
1.
(omitted)
2.
not guilty of any behavior from which its unworthiness, or
3.
is not unsuitable for exercising the profession in health,
4.
after studying medicine at a scientific college of at least six years, of which at least eight, at most twelve months, on a practical training in Hospitals or appropriate medical care facilities must be omitted, the medical examination has passed within the scope of this Act,
5.
has the knowledge of the German language required for the exercise of the professional activity.
One in one of the other Member States of the European Union or in Medical training completed by another State Party to the Agreement on the European Economic Area shall be deemed to be a training within the meaning of point 4 if it is submitted by submission of a post-20. A medical certificate issued by one of the other Member States of the European Union and listed in the Annex to this Act was issued in accordance with the provisions of the 31 December 1976, issued in the Annex to this Act. A medical certificate issued by another Contracting State of the Agreement on the European Economic Area, issued in December 1992, is shown. In the case of medical training certificates from after the 20. Member States which have acceded to the European Union in December 1976 shall be subject to training commenced on the date of accession or, in the case of a different agreement, the date of accession or, in the case of a different agreement, the date of entry into force of the date of accession. Date of medical training of another Contracting State of the Agreement on the European Economic Area, by means of which a special agreement is reached on the date of application of the obligations laid down in Directives 75 /362/EEC and 75 /363/EEC of the Council of 16 1 June 1975 (OJ L 327, EC No 1 and p. 14), the date on which it is based. Sentences 2 and 3 shall apply in accordance with the evidence of formal qualifications of States Parties to which Germany and the European Community or Germany and the European Union have contractually accorded a right to claim, from the date on which such evidence is provided for: the relevant date. The Federal Ministry of Health is authorized to amend Annex V, point 5.1.1 of Directive 2005 /36/EC of the European Parliament, by means of a regulation which does not require the consent of the Federal Council, to amend the Annex V to this Act. 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 L 271 p. 18). The medical training evidence referred to in the second sentence of sentence 2, 3 or 4, shall be equivalent to that provided for in the second sentence of sentence 2, 3 or 4 by one of the other Member States of the European Union or another State Party to the Agreement on European Union The Economic Area or a State Party to which Germany and the European Community or Germany and the European Union have contractually granted an appropriate legal claim, issued medical evidence of evidence of formal qualifications, in the Appendix to the second sentence, do not correspond to the names listed for the State in question, but are presented with a certificate issued by the competent authority or body of the State in order to complete a training which shall: The minimum requirements laid down in Article 24 of Directive 2005 /36/EC shall be equivalent to those referred to in the second sentence of the Annex to the second sentence of Directive 2005 /36/EC. An approbation will not be granted if a medical examination or a section of the medical examination according to the legal regulation has not been passed in accordance with § 4 (1). Sentence 7 shall not apply if the applicant has a training certificate to be recognised in accordance with Directive 2005 /36/EC.The competent authorities of the country in which the profession is practised or has been last pursued shall inform the competent authorities of the home Member State of the existence of criminal penalties, of the withdrawal, the Revocation and order of frenchment of the Approbation or permission, disregard for the exercise of the activity and facts which would justify any of these sanctions or measures; the provisions on protection shall be of personal data. Where the competent authorities receive information from the competent authorities of host Member States which might have an effect on the exercise of the medical profession, they shall verify the accuracy of the facts, and shall determine the nature and extent of the facts and the nature of the facts. Audits to be carried out and shall inform the host Member State of the consequences which they draw from the information provided. The countries shall designate the authorities and bodies responsible for issuing or receiving the training certificates and other documents or information referred to in Directive 2005 /36/EC, and the authorities and bodies responsible for the Accept applications and make the decisions relating to this Directive. They shall ensure that the Federal Ministry of Health is informed without delay. The Federal Ministry of Health shall immediately communicate the information to the other Member States and to the European Commission. Countries can determine joint positions for the performance of the tasks according to the rates 1 to 3. The Federal Ministry of Health shall, after appropriate communication from the Länder, transmit statistical statements on the decisions taken by the European Commission in respect of the decisions taken pursuant to Article 60 (1) of Directive 2005 /36/EC required report.(2) If the condition set out in the first sentence of paragraph 1 is not fulfilled, applicants who have completed their medical training in another Member State of the European Union or another State Party to the Agreement on the European Union shall be If the equivalence of the level of training is given, the economic area or Switzerland shall have been completed and shall not fall under paragraph 1 or section 14b. The level of training must be regarded as equivalent if the training of the applicant does not have any significant differences in relation to the training laid down in this Act and in the regulation pursuant to Article 4 (1). There are significant differences according to the first sentence, if
1.
is the duration of the training provided by the applicants for at least one year under the conditions laid down in this Act. training duration,
2.
the training of applicants relates to subjects that differ significantly from German training, or
3.
the profession of doctor includes one or more regulated activities which are not part of the State which issued the evidence of formal education and training This difference in a particular training, which is required after German training and relates to subjects which differ significantly from those covered by the evidence of formal qualifications, which are covered by the training certificate, are: the applicants.
subjects differ significantly if their knowledge is an essential condition for the exercise of the profession and the training of applicants to the German training is significant in terms of duration or content. Substantial differences may be compensated, in whole or in part, by the knowledge acquired by the applicants in the course of their medical professional practice, and it is not decisive in which state the applicants were in employment. Where there are substantial differences between sentences 3 to 5, applicants must demonstrate that they have the knowledge and skills necessary to pursue the profession of a doctor. This proof shall be provided by an aptitude test relating to the significant differences identified. In order to determine the essential differences, applicants shall be informed of a legally valid decision not later than four months after the competent authority has received all the necessary documents. The provisions of sentences 2 to 8 shall also apply to applicants who have a certificate of training as a doctor who is issued in a Member State other than the one referred to in the first sentence (third country) and which has accepted another of the States referred to in the first sentence.(3) Where the condition set out in the first sentence of paragraph 1 is not met, applicants who have a certificate of training as a doctor issued in a Member State other than the one referred to in the first sentence of paragraph 2 (third country) shall be those who have a certificate of formal qualifications. To grant approbation if the equivalence of the training level is given. In order to verify equivalence, the second sentence of paragraph 2 to 6 and 8 shall apply accordingly. Proof of the necessary knowledge and skills is provided by the placing of an examination, which relates to the content of the state audit. The necessary knowledge and skills must also be demonstrated in accordance with the third sentence, if the examination of the application is only possible with an unreasonable time or material effort, because the required documents and evidence are not available for reasons which do not in the person of the applicant, who cannot be submitted by him.(4) If the grant of the Approbation is to be rejected due to a lack of any of the conditions set out in the first sentence of paragraph 1, first sentence, no. 2 and 3, the applicant or his legal representative shall be heard beforehand.(5) Where a criminal procedure is initiated against the applicant on suspicion of a criminal offence which may result in his unworthiness or unreliability in the pursuit of the medical profession, the decision on the application may be initiated on the basis of: Grant of the Approbation until the end of the procedure is suspended.(6) If an applicant requests an application for a medical profession on the basis of a training completed outside the scope of this law, the following documents and certificates shall be submitted:
1.
an identity certificate,
1a.
a tabular list of the completed Training courses and activities carried out,
2.
an officially certified copy of the evidence of formal qualifications or of the evidence of formal qualifications for the purpose of receiving the certificate. , as well as, where appropriate, a certificate of professional experience acquired by the person concerned,
2a.
in the case of paragraph 3, Certificate of entitlement to practise in the country of origin and documents, which are suitable to be able to practise the profession of a medical profession in Germany,
3.
the documents issued by the competent authorities of the home country show that the requirements of paragraph 1, first sentence, no. 2 are met or, if in the The State of origin shall not issue the documents referred to above, an affidavit or, in the States in which there is no affidavit, a solemn declaration made by the person concerned before a competent person. Judicial or administrative authority, or, where appropriate, in front of a notary or a suitably authorised professional organisation of the State of origin, issuing a certificate confirming that affirmative or solemn declaration,
4.
the proof referred to in the first sentence of paragraph 1, sentence 1, point 3, where appropriate evidence required in the home Member State is recognised or, if in the case of the Member State of origin shall not be required to provide such proof, a certificate issued by a competent authority of the home Member State,
5.
a certificate issued by the competent authorities of the home Member State stating that the evidence of the required training conditions is equivalent to the evidence required by the Directive,
6.
in cases referred to in paragraph 2 or 3, additional evidence to determine whether the training has significant differences over the training provided in this Act and in the legal regulation is regulated in accordance with Article 4 (1),
7.
in the event that evidence of formal qualifications as referred to in Article 3 (1) (c) of Directive 2005 /36/EC, which is the competent authority of a Member State or of another Contracting State of the Agreement on the European Economic Area or of a Contracting State to which Germany and the European Community or Germany and the European Union have been granted an appropriate legal claim, have been issued, relate to an education which, in whole or in part, is lawfully established in the territory of another of the above-mentioned States; document,
a)
whether the training course in the institution concerned is officially recognised by the training institution of the issuing Member State
b)
whether the evidence of formal qualifications issued is equivalent to the one awarded if the training course is complete in the
c)
the same professional rights with the evidence of formal qualifications in the territory of the issuing Member State. .
The documents referred to in the first sentence of 1 (3) and (4) may not be older than three months in the case of their submission. Where the competent authorities have reasonable doubts as to the authenticity of the certificates and evidence of formal qualifications issued in the Member State of origin, they may be subject to the competent authorities of the home Member State Confirmation of the authenticity of these certificates and evidence as well as a confirmation that the applicant fulfils the minimum training requirements required by Article 24 of Directive 2005 /36/EC.
(7) With the exception of § 17, the Professional Qualification Order Act does not apply.(8) The Federal Government shall review the arrangements for the recognition procedures under this Act and shall report after the end of three years to the German Bundestag. Non-official table of contents

§ 4

(1) The Federal Ministry of Health regulates by means of a decree law with the consent of the Federal Council in a Medical regulations for doctors, the minimum requirements for the study of medicine, including practical training in hospitals and other appropriate medical care facilities, as well as the medical care provided by the medical staff. Testing and on the Approbation.(2) The rules laid down in the regulation are to be geared to an education which imparts the capacity for self-responsible and self-employed exercise of the medical profession. The aim of the training is to provide a scientific basis for the theoretical and practical knowledge, skills and skills required in order to pursue the profession in accordance with the rules of medical art and in the awareness of the obligation of the physician to the individual and to the general public and to recognize the limits of one's own knowledge and ability and to act accordingly. In particular, sufficient knowledge is to be provided in the areas relevant to the supply. The requirements of Article 24 of Directive 2005 /36/EC must be complied with.(3) In the legal regulation, a nursing service to be paid before or during the course-free periods of the pre-clinical course of study may be provided, a training in first aid as well as one during the teaching-free periods of the clinical trial. Studies are required to be completed by the family. The admission to a medical examination may be subject to the existence of two preliminary examinations. Provision should be made for the medical examination to be carried out in separate sections. In doing so, it is necessary to ensure that the last section can be taken within three months of the end of the studies. Deadlines should be laid down for the notification of medical examinations and the preliminary examinations. Whereas provision should be made in the Regulation to ensure that the selection of hospitals and other appropriate medical care facilities for the practical training referred to in Article 3 (1), first sentence, of the first sentence of Article 3 (1) of this Regulation) by the universities, in agreement with the , this does not apply to institutions of higher education.(4) (omitted) (5) The legal regulation also provides for the calculation of higher education qualifications and examinations, which are filed within or outside the scope of this Act. In addition, the legal regulation also provides for the technical and temporal training requirements for the completion and completion of a medical training for cases in which the law applies outside the scope of this law. University degree in medicine, but in order to ensure that a medical education has not been completed in accordance with the law in force in the state in question.(6) The legal regulation provides for the procedures for examining the conditions set out in Article 3 (1), first sentence, points 2 and 3, in particular for the evidence to be submitted by the applicant and the determination by the competent authorities, in accordance with the Articles 8, 50, 51, and 56 of Directive 2005 /36/EC, as well as the time limits for the granting of the Approbation as a doctor.(6a) The legal regulation provides for the implementation and content of the aptitude test in accordance with § 3 (2) and the proficiency test in accordance with § 3 (3) as well as for the granting and renewal of the work permit according to § 10.(7) deviations from the rules of the administrative procedure provided for in paragraphs 1 to 3, 5 and 6 as well as of the legal regulation adopted on this basis are excluded by national law. Non-official table of contents

§ 5

(1) The Approbation is to be withdrawn if, in its grant, one of the requirements of § 3 (1) sentence 1 no. 4 , or in the event of an Approbation granted before the date of entry into effect of the date of accession, that is to be found at a training place in the territory referred to in Article 3 of the Agreement of the Agreement, or in a case of § 14 (1) sentence 2 or in a case of § § 14 (1) According to § 3 (1) sentence 2 or 6 or § 3 (2) or 3 (2) or (3) or the training to be followed in accordance with section 14b, the training was not completed. It may be withdrawn if, in the case of its grant, one of the conditions pursuant to section 3 (1), first sentence, points 2 and 3, has not been fulfilled. An Approbation granted in accordance with § 3 (2) or (3) may be withdrawn if the determined equivalence of the level of training was not actually given or if the alternative established level of knowledge actually did not actually exist has been demonstrated. An Approbation granted in accordance with § 3 (2) or (3) or § 14b (2) may be withdrawn if the training to be traced does indeed differ significantly from the training provided for in this Act and in the Legal Regulation pursuant to § 4 paragraph In the course of the aptitude test, the knowledge and skills required for the exercise of the medical profession within the scope of this Act have in fact not been proven.(2) The Approbation shall be revoked if the condition pursuant to § 3 (1) sentence 1 no. 2 has subsequently fallen away. It may be revoked if the condition pursuant to section 3 (1) sentence 1 no. 3 has subsequently been omitted. Non-official table of contents

§ 6

(1) The rest of the Approbation can be ordered if
1.
against the doctor on suspicion of a criminal offense from which his unworthiness or unreliability may result in the exercise of the medical profession, a criminal procedure is initiated,
2.
retrospecting the condition in accordance with § 3 (1) sentence 1 no. 3
3.
doubts as to whether the condition of § 3 (1) sentence 1 no. 3 is still fulfilled and the doctor refuses to be a member of the competent authority
4.
reveals that the doctor does not have the knowledge of the German language used in the exercise of the Professional activity in Germany is required or
5.
It follows that the doctor is not sufficiently against the results of his/her professional activity Liability risks are insured, provided that national law or the right to stand-by is a duty to insurance.
(2) The order shall be lifted if the conditions are no longer fulfilled.(3) The doctor, whose approval is based, shall not be allowed to practitiate the medical profession.(4) The competent authority may allow the practice of a doctor whose approval is based to be continued by another doctor for a period to be determined by the competent authority. unofficial table of contents

§ 7

(omitted) unofficial Table of contents

§ 8

(1) In the case of a person whose approval or order has been withdrawn or revoked as a result of a lack of or subsequent omission of one of the requirements of § 3 (1) sentence 1 no. 2 and 3 or which has been revoked pursuant to § 9 has waived the Approbation and has filed a request for the re-issuance of the Approbation, the decision on this application may be withdrawn and first of all a permit to exercise the medical profession up to a duration of two years are granted.(2) Permission shall be granted only revocably and for a limited period of time; it may be limited to certain activities and places of employment. Persons who have been granted permission shall have the rights and duties of a doctor. Non-official table of contents

§ 9

Approbation can be waived by written declaration to the competent authority. A renunciation that is declared under a condition is ineffective.

III.
permission

unofficial Table of contents

§ 10

(1) The permit for temporary exercise of the medical profession may be granted on request to persons who provide evidence of completed training for the medical profession. A licence as referred to in the first sentence shall be granted to applicants who have a certificate of formal qualifications as a physician in a Member State of the European Union, another State Party to the Agreement on the European Economic Area or in Switzerland. was not issued. A licence shall not be granted in the cases of § 3 (2) sentence 9. § 8 shall remain unaffected.(1a) By way of derogation from the second sentence of paragraph 1 and 3, on request, a permit may be granted for the temporary exercise of the medical profession, provided that the request is made that, with regard to the intended medical activity, a special case may be granted. There is an interest in the granting of permission. Permission is not accepted for the grant of an Approbation.(2) Permission may be limited to certain activities and places of employment. It may only be revoked or extended to a maximum of two years within the scope of this Act, and only up to a total duration of the medical activity.(3) In exceptional cases or for reasons of medical care, a permit may exceptionally be granted or extended beyond the period referred to in paragraph 2, if an Approbation is not necessary because of the absence of the conditions laid down in Article 3 (3) (a) 1 (4) cannot be granted. The granting or renewal for reasons of medical care shall be permitted only if an equivalent level of training has been established in the area in which the medical activity is to be carried out. In this case, permission shall be restricted to the area. § § 5, 6, 8, 9 and 13 shall apply accordingly.(4) Permits referred to in the first sentence of paragraph 1, which shall be taken before the first sentence. The report was issued in April 2012. Paragraph 3, in its version up to that point, is up to 1. Continue to apply for such holders of the permit until 1 April 2014. The first sentence of the first sentence of § 3 (1) was filed in July 2012. Sentence 2 shall apply to nationals of a Member State of the European Union, another State Party to the Agreement on the European Economic Area and Switzerland, who have a certificate of formal qualifications referred to in the second sentence of paragraph 1 or the third sentence of paragraph 1, as well as to third-country nationals, to the extent that, under the law of the European Community, equality is achieved, no application.(5) In exceptional cases, a permit for the temporary exercise of the medical profession may also be granted on request to persons who, outside the scope of this law, have acquired a medical training, but this training has not yet been obtained. , if
1.
the applicant concludes on the basis of a university degree Examination outside the scope of this law has acquired the right to restrict the exercise of the medical profession and
2.
which is based on the permission
() persons who have been granted a licence to exercise the professional medical profession in accordance with the above provisions have, moreover, the rights and the rights of the person to whom the medical profession has been granted a licence. Duties of a doctor. Non-official table of contents

§ 10a

(1) Approbed dentists who have a valid state recognition as a specialist dentist for jaw surgery after the Arrangement No. 1 on the further training of doctors and dentists (specialist/specialist dentist's order) of 11. August 1978 (GBl. (l) No 25 p. 286), as amended by Regulation No 2 of 15 June 2000. April 1986 (GBl. 262), and up to 2 October 1990, on the basis of the instructions on the ApprobationsRegulations for doctors and dentists of 12 October 1990. The Ministry of Health (Department of Public Health No. 2 p. 28) authorised the application of medical activities in the field of oral and maxillofacial surgery, and received an open-ended permit on request. Exercise of the medical profession in the field of oral, maxillofacial and facial surgery. The same applies to dentists who are on the 3. In the area referred to in Article 3 of the Agreement, in a continuing training course as a specialist dentist for oral surgery, the area referred to in the first sentence of Article 3 of the agreement was, after the training provided for in the provisions of this Regulation, have successfully completed.(2) Approbated dentists who provide a valid state recognition as a specialist dentist for a theoretical-experimental specialisation of medicine in accordance with the specialist/specialist dental regulations referred to in the first sentence of paragraph 1, in conjunction with the available information on the Further education of dentists in theoretical and experimental fields of medicine of 9. February 1983 (disposition and communication of the Ministry of Public Health No. 3 p. 17) and up to the second October 1990 on the basis of the instructions for the Approbationsordnung für dentists of 9. February 1983 (available and communication from the Ministry of Public Health No 3 p. 17) was entitled to carry out medical activities in the field to which the recognition as a specialist dentist relates, to receive, at the request of an indefinite, a permanent Permission to pursue a medical profession in the field concerned, in so far as the activity carried out or intended at the time of application requires authorization to carry out a medical practice. The same applies to approbated dentists, who are on the 3. In the area referred to in Article 3 of the Agreement, in a further training course for a theoretical and experimental specialisation referred to in the first sentence of the first sentence, the subject of the training referred to in Article 3 of the Agreement was the following after: Continuing training in accordance with these rules.(3) Paragraphs 1 and 2 shall not apply as long as the Approbation is considered to be a dentist.(4) For holders of a permit referred to in paragraph 1 or 2, § 10 para. 6 shall apply.

IV.
Provision of services

Non-official table of contents

§ 10b

(1) nationals of a Member State of the European Union or of another State Party to the Agreement on the European Economic Area, or a Contracting State to which Germany and the European Community, or Germany and the European Union, have contractually granted a right to exercise the right to pursue a medical profession in one of the other Member States of the European Union or in another State Party to the Agreement on the European Economic Area or a Contracting State to which Germany and the European Community or Germany and the European Union granted an appropriate legal claim on the basis of a medical training completed under German law or on the basis of a sentence in the annex to § 3 (1) sentence 2, in § 3 (1) sentence 6 or in § 14b (1) , they may, as a service provider within the meaning of Article 50 of the EC Treaty, temporarily and occasionally exercise the medical profession within the scope of this Act. The temporary and occasional nature of the provision of services shall be assessed on a case-by-case basis, in particular on the basis of the duration, frequency, periodic recurrence and continuity of the service. An entitlement under the first sentence does not exist if the conditions for withdrawal, revocation or revocation of a rest, which relate to the facts pursuant to § 3 (1) sentence 1 (2) or (3), exist, a corresponding measure is lacking. However, it is not possible to issue a German professional authorisation.(2) A service provider within the meaning of paragraph 1 shall, when he first moves from another Member State to Germany to provide services for the provision of services, report to the competent authorities in Germany in advance in writing. This notification shall be renewed once a year if the service provider intends to provide temporary or occasional services in Germany during the year in question. Where services are provided for the first time or if a substantial change is made to the situation certified in the documents, the service provider shall submit the following documents to the competent authority:
1.
the proof of his nationality,
2.
a certificate that he is in a Member State is legally established as a doctor and that the exercise of that profession at the time of the submission of the certificate is not prohibited, even temporarily, and
3.
his professional qualification certificate.
From the service provider within the meaning of paragraph 1, information may be provided on details of an insurance cover or an insurance policy. are required for other types of individual or collective protection in respect of professional liability. The knowledge of the German language required for the performance of the service must be available.(3) The service provider shall have the rights and obligations of a physician in the provision of the service within the scope of this Act. It may be subject to professional, legal or administrative professional rules and to the disciplinary provisions in force, such as rules on the definition of the profession, the conduct of titles, and the rules governing the administration of such rules. serious occupational errors in a direct and specific context with the protection and safety of consumers. The competent authorities of the Member State of establishment may require the competent authorities of the Member State of establishment to provide all information on the legality of the establishment and the good management of the service provider, and Information on the non-existence of criminal sanctions, withdrawal, withdrawal and arrangement of the renunciation of the Approbation or permission, on the non-existence of the exercise of the activity and on the absence of Facts that would justify any of these sanctions or measures. The information shall be transmitted in accordance with Article 56 of Directive 2005 /36/EC. The competent authority shall without delay inform the competent authority of the home Member State of the existence of the sanctions or measures referred to in the third sentence which relate to the exercise of the activities covered by Directive 2005 /36/EC could have an effect. The rules on the protection of personal data must be complied with. At the request of the competent authorities of another Member State of the European Union or of another Contracting State of the Agreement on the European Economic Area or of a Contracting State, of Germany and of the European Union In accordance with Article 56 of Directive 2005 /36/EC of the requesting authority, the competent authorities in Germany and the European Union and the European Union have contractually granted an appropriate legal claim to the requesting authority. on the lawfulness of the establishment and the good management of the service provider, as well as information on the absence of professional disciplinary or criminal sanctions.(4) A national of a Member State of the European Union or of another Contracting State of the Agreement on the European Economic Area, or of a Contracting State to which Germany and the European Community or Germany , and the European Union has contractually granted an appropriate legal claim which, within the scope of this law, is the profession of a medical profession on the basis of a medical examination or a permit for the temporary exercise of the medical profession On request for the provision of services in one of the other Member States of the European Union or another State Party to the Agreement on the European Economic Area, certificates shall be issued at the request of the that
1.
he is legally established in Germany as a doctor,
2.
The exercise of this activity at the time of the submission of the certificate is not prohibited, even temporarily, is prohibited and
3.
it has a required professional qualification certificate.

V.
fee order

Unofficial Table of Contents

§ 11

The Federal Government is empowered to use the Federal Council's approval of the fees for medical To regulate activity in a fee order. In this fee arrangement, minimum and maximum rates for medical services are to be determined. In doing so, the legitimate interests of the doctors and the bill for payment of the fees must be taken into account.

Footnote

§ 11: compatible with the GG. BVerfGE v. 12.12.1984; 1985 I 552-1 BvR 1249/83 and others a. -

VI.
responsibilities

unofficial table of contents

§ 12

(1) Approbation granted in the cases referred to in the first sentence of Article 3 (1), the competent authority of the country in which the applicant has placed the medical examination. In the cases referred to in Article 14 (3), second sentence, it shall be issued by the competent authority of the country in whose territory the competent authority has its registered office, from which the applicant shall have his Approbation granted in accordance with the provisions of the German Democratic Republic . In the cases of § 14a (4) sentences 1 to 3, the Approbation shall be issued by the competent authority of the country in which the applicant has successfully completed his medical studies.(2) The decisions pursuant to Section 14a (4) sentence 3 shall be taken by the competent authority of the country in which the applicant has completed the medical studies in accordance with section 14a (4) sentence 1. The decisions pursuant to Section 14 (4) sentence 4 shall apply to the competent authority of the country in which the applicant has completed his/her training.(3) The decisions pursuant to § 3 (1) to (3), (6) sentence 3, § 10 (1) to (3) and (5), § 10a (1) and (2), § 14 (2) sentence 2 and (4) sentence 6, as well as in accordance with Section 14b, shall be taken by the competent authority of the country in which the medical profession is practised . Countries may agree that the tasks assigned to them by sentence 1 shall be carried out by another country or by a common body. The second sentence of Article 10 (3) remains unaffected.(4) The decisions pursuant to § 3 (1a) sentence 2, § § 5 and 6 shall be taken by the competent authority of the country in which the medical profession is exercised or was last exercised. In the case of doctors who frequently carry out their medical profession in medical facilities, the decision in accordance with sentence 1 shall be taken by the authority of the country in which the doctor has been granted the licence. It shall transmit the information in accordance with Section 10b (3) sentence 7. The first sentence shall apply mutatily to the acceptance of the waivingof the waier pursuant to § 9.(5) The decision in accordance with § 8 shall apply to the authority of the country which has withdrawn or revoked the Approbation.(6) The notification in accordance with Section 10b (2) shall accept the competent authority of the country in which the service is to be provided or has been provided. The processing of the information requirements in accordance with Section 10b (3) sentence 3 and the information of the home Member State pursuant to § 10b (3) sentence 5 shall be carried out by the competent authority of the country in which the service is provided or has been provided is. Where the countries have set up joint bodies for this purpose, the countries concerned shall determine the competent authorities. The certificates referred to in Section 10b (4) shall be issued by the competent authority of the country in which the applicant exercises the medical profession.(7) Where a Member State of the European Union or another State Party to the Agreement on the European Economic Area or a Contracting State, to which Germany and the European Community or Germany and the European Union are In order to facilitate the application of Title III, Chapter III of Directive 2005 /36/EC, a certificate issued by the home Member State requires that the evidence issued in Germany be issued in accordance with the provisions of Title III of Directive 2005 /36/EC The Federal Ministry of Health shall issue this certificate in accordance with the requirements of the training required in Directive 2005 /36/EC.(8) Insofar as the competent authorities in Germany have to submit to the competent authorities of the host Member State information in accordance with point 1 (d) of Annex VII to Directive 2005 /36/EC, this shall be carried out within two months. name="BJNR018570961BJNG000701307 " />

VII.
Criminal Provisions

Non-official table of contents

§ 13 VII Straf-and Fine rules

Anyone who exercises the medicine as long as the rest of the Approbation is ordered by a fully retractable disposition, shall be punished with imprisonment of up to one year or a fine. Non-official table of contents

§ 13a

(1) Contrary to the law, who, contrary to § 14 (4) sentence 1, the professional title of "Doctor" or "Doctor" without addition .(2) The administrative offence can be punished with a fine of up to two thousand five hundred euros.

VIII.
Transitions and final rules

Unofficial Table of Contents

§ 14

(1) An Approbation or Bestallung, which will take effect upon accession in the current scope of this Act to exercise the medical profession shall be deemed to be an Approbation within the meaning of this Act. Without prejudice to the provisions of paragraph 4, the same shall apply in respect of a trial which, on the day before the date of effect of the Treaty, qualifies for the exercise of the medical profession in the territory referred to in Article 3 of the Agreement, provided that: the 1. The Commission shall not, in accordance with Article 15 of the Rules of Approbation of Doctors of 13 July 1988, grant and do not grant it by an order in force at that date. January 1977 (GBl. 30), as amended by Regulation No 2 of 24 June 2000. August 1981 (GBl. No 29 p. 346). The right to continue to lead a name given in connection with the recognition as a specialist by the holder of a licence referred to in the second sentence, which shall, on the day before the date of entry into force of accession, be such a name in the name given in Article 3 of the agreement shall be governed by the law of the country.(2) One before 1. In the territory referred to in Article 3 of the Agreement, on the day before the date of entry into force of the accession to the exercise of the medical profession, the territory referred to in Article 3 of the Agreement shall, however, be determined by an order in force at that date in accordance with Article 15 of the Treaty establishing the European Community. Approbational Order for Doctors of 13. January 1977 (GBl. 30), as amended by Regulation No 2 of 24 June 2000. August 1981 (GBl. I n ° 29 p. 346) Limited Approbation as a doctor is valid as a permission in accordance with § 10 para. 1 of this law. Upon request, the holder of such an Approbation receives an Approbation as a doctor within the meaning of this Act, if he meets the requirements of § 3 (1) sentence 1 no. 2 and 3.(3) One after the 30. On 5 June 1988, on the day before the date of entry into force of the date of accession in the area referred to in Article 3 of the Treaty of Accession, a valid examination as a doctor entitles the holder to a medical activity in a dependent position. The holder of such an Approbation receives on request an Approbation as a doctor within the meaning of this Act, if he has an eighteen-month medical activity in a dependent position in one or more of the cases in § 4 (4) sentence 1 and 3 of the Federal Medical Regulations (Bundesärzteordnung) in the version of the announcement of the 16th. April 1987 (BGBl. 1218), as last amended by Article 7 of the Law of 27. April 2002 (BGBl. I p. 1467) has been amended and the conditions laid down in the first sentence of section 3 (1) (2) and (3) of this Act have been fulfilled.(4) The holder of an Approbation for medical activities in a medical-theoretical field in accordance with § 4 of the Approbationsordnung for the period before the date of entry into force of accession in the territory referred to in Article 3 of the Agreement Treaty Doctors of the 13. January 1977 (GBl. 30), as amended by Regulation No 2 of 24 June 2000. August 1981 (GBl. 346), the professional title of 'doctor' or 'doctor' may only lead to the addition of '(theoretical medicine)'. The Approbation referred to in the first sentence does not entireth the exercise of the medicine. Those who are in a corresponding training when they become effective will be able to complete this training. Upon request, he will receive an Approbation for medical activities in a medical-theoretical subject area in accordance with § 4 of the Approbationsordnung for Doctors referred to in sentence 1, provided that he/she is training up to the 31. December 1992. The restrictions referred to in the first sentence shall also apply to this extent. Upon request, the holder of such an Approbation receives an Approbation as a doctor within the meaning of this Act, if he has the equivalence of his training status with that of one according to the regulations of the law adopted pursuant to § 4 of this law In accordance with the provisions of Section 3 (1), first sentence, no. 2 and 3, the medical profession must comply with the regulations for doctors trained in the medical profession. Section 3 (2) shall apply accordingly.(5) A permit valid at the date of accession for the temporary exercise of the medical profession and a State permit valid on the day before the date of entry into force of the accession in the territory referred to in Article 3 of the Unification Treaty shall apply to the Exercise of medical practice pursuant to § 10 para. 3 of the Approbationsordnung für Ärzte vom 13. January 1977 (GBl. 30), as amended by Regulation No 2 of 24 June 2000. August 1981 (GBl. I n ° 29 p. 346) are valid with their previous content as permission in accordance with § 10 (1) of this Act. Non-official table of contents

§ 14a

(1) Applicants who received the study of medicine in 1970 or in the summer semester of 1971, have In place of a university degree in medicine for at least six years (§ 3 (1) no. 4), a university degree in medicine of at least eleven semesters and the payment of a one-year-old to be carried out after the examination of the medical examination Medical assistant time after.(2) The necessary derogations for the persons referred to in paragraph 1 shall also apply in the legal regulation according to § 4.(3) In the legal regulation according to § 4 it can also be provided that applicants who took up the study of medicine before the year 1970, in 1970 or in the summer semester 1971, have a medical training according to § 3 (1) (4) and (5) of the Federal Medical Regulations (Bundesärzteordnung) in the version of the announcement of the 16th. April 1987 (BGBl. 1218), as last amended by Article 7 of the Law of 27. April 2002 (BGBl. 1467), have to be proved if they do not complete the medical training or individual sections of this training up to a certain point in time.(4) Students of medicine who, after the effective date of accession, continue a prior medical studies at universities or medical academies in the area referred to in Article 3 of the Agreement, shall conclude the studies in accordance with the legislation previously in force in this area, provided that this is up to 31 December 1998. The successful completion of the study is the same as the completion of the medical examination in accordance with § 3 (1) sentence 1 no. 4. Upon request, holders of a corresponding certificate will be granted a permit pursuant to § 10 paragraph 1, with which they shall be entitled, in accordance with a licence pursuant to Section 10 (4) of the Federal Medical Regulations (Bundesärzteordnung) in the version of the notice of 16. April 1987 (BGBl. 1218), as last amended by Article 7 of the Law of 27. April 2002 (BGBl. 1467), which may take an eighteen-month position in an independent position. Students taking medical studies on the training sites referred to in the first sentence in September 1991 shall conclude the pre-clinical phase of the study, including the physicum, in accordance with the provisions referred to in the first sentence, provided that they include the physicum. up to the 31. December 1994. They continue the medical studies in accordance with the regulations of the medical regulations issued pursuant to § 4, and discontinue the training in this way. For students who in 1992 and later have a medical studies on the following sentence 1 Training centres shall be subject to the provisions of this Regulation from the start of this course of studies. The Regulation may lay down specific rules for the students referred to in sentences 5 and 6 with regard to the nature of the examinations. Non-official table of contents

§ 14b

(1) Applicants who meet the requirements of § 3 (1), first sentence, number 2, 3 and 5, and who have an Approbation as a doctor on the basis of the submission of a medical certificate issued by one of the other Member States or another Contracting State of the Convention, issued before the date of recognition of the relevant date pursuant to § 3 (1) sentence 2, 3 or 4. on the European Economic Area or a Contracting State to which Germany and the European Community or Germany and the European Union have contractually granted an appropriate legal claim, the following shall apply: Also to grant approbation as a doctor. In cases where the applicant's medical training meets the minimum requirements laid down in Article 24 of Directive 2005 /36/EC of the European Parliament and of the Council of 7 June 2005, 1 September 2005 (OJ L 327, EU No OJ L 255, p. 22, 2007 No 18), the competent authority may require the submission of a certificate from the applicant's home Member State from the date on which it appears that during the last five years the applicant has been Application for at least three years has effectively and lawfully exercised the medical profession. For applicants whose evidence of formal qualifications
1.
was awarded by the former Czechoslovakia, and to allow the profession of doctor to be included or to show that training in the case of the Czech Republic and Slovakia is before 1. It was granted in January 1993, or
2.
was awarded by the former Soviet Union and allowed the appointment of the profession of the doctor, or the inclusion of the profession of doctor, or the fact that the Training in the case of Estonia before the 20. August 1991, in the case of Latvia before the 21. August 1991, in the case of Lithuania before the 11. It was granted in March 1990, or
3.
was granted by the former Yugoslavia, allowing the profession of the doctor to be admitted or indicating that the profession of doctor was granted or that the doctor's profession was not available. Training in the case of Slovenia before the 25. The
authorities of those Member States shall certify that these evidence of formal qualifications in respect of the taking up and pursuit of the profession of doctor in their territory is established by the authorities of those Member States, as a doctor. have the same validity as the evidence of formal qualifications awarded by them and a certificate issued by the same authorities that the person concerned has been awarded the certificate in the five years prior to the issuing of the certificate for at least three years has effectively and lawfully exercised the medical profession in its territory.(2) Applicants for which paragraph 1 applies and who fulfil the conditions set out in that paragraph, with the exception of the required professional experience, shall be subject to the approval of the applicant if the training of the applicant does not differ significantly from that of of the training laid down in this Act and in the Legal Regulation in accordance with Section 4 (1). § 3 (2) sentences 3 to 8 shall apply accordingly. unofficial table of contents

§ 15 (omitted)

- unofficial Table of Contents

§ 16

(Entry into force, expiry) Non-official table of contents

Asset (to § 3 para. 1 sentence 2)

(Fundstelle: BGBl. I 2007, 2947-2950; of individual changes, see Footnote)

Country Training Detection Exhibiting StelleAdditional
certificate tag
Belgiё/
Belgique/
Belgium
Diploma van arts/Diplôme de docteur en médecine
-
Les universités/
De universiteiten
-
Le Jury compétent
d' enseignement de
la Communauté
française/De bevoegde
Examencommissie
van de Vlaamse
Gemeenschap
20. December 1976
България Диплома за висше образование на обра-зователно-квалификат-
ионна степен 'магистър'
по 'Медицина' и професионална квалиф-икация 'Магистър-лекар'
Медицински факултет във Висше медицинско училище (Медицински университет, Висш
мед-ицински институт в Република България)
1. January 2007
Česká
republika
Diploma o ukončení studia ve studijním programu všeobecné lékařství (doktor medicíny, MUDr.) Lékářská faculty univerzity v České republice
-
Vysvědčení
o státní
rigorózníznízkoušce
1. May 2004
Danmark Bevis for bestået
lægevidenskabelig
embedseksamen
Medicinsk
universitetsfaculty
-
Authorisation som læge,
udstedt af
Sundhedsstyrelsen og
-
Tilladelse til
selvstænaching virke som
læge (doku-
mentation for gennemført praktisk
uddannelse), udstedt af
Sundhedsstyrelsen
20. December 1976
Eesti Diploma arstiteaduse õppekava läbimise kohta Tartu Ülikool 1. May 2004
Ελλάς Πτυχίo Iατρικής
-
Iατρική Σχoλή
Παvεπιστημίoυ,
-
Σχoλή Επιστημώv
Υγείας, Τμήμα Iατρικής
Παvεπιστημίoυ
1. January 1981
España Título de Licenciado
en Medicina y Cirugía
-
Ministerio de
Educación y Cultura
-
El rector de una
Universidad
1. January 1986
France Diplôme d' Etat de docteur
en médecine
Universités 20. December 1976
Hrvatska Diploma "doktor medicine/doktorica medicine" Medicinski optional sveučilišta u
Republici Hrvatskoj
1. July 2013
Ireland Primary qualification Competent examining body Certificate of experience 20. December 1976
Italia Diploma di laurea in medicina
e chirurgia
Università Diploma di
abilitazione all' esercizio della medicina
e chirurgia
20. December 1976
Κύπρος Πιστοποιητικό Εγγγραφής
Ιατρού
Ιατρικό Συμβούλιο 1. May 2004
Latvija ārsta diploms Universitātes tipa
augstskola
1. May 2004
Lietuva Aukštojo mokslo diplomas,
nurodantis suteiktą gydytojo
kvalifikaciją
Universitetas Internatūros
pažymėjimas, nurodantis
suteiktą
medicinos
gydytojo profesinę kvalifikaciją
1. May 2004
Luxembourg Diplôme d' Etat de docteur
en médecine, chirurgie et
accouchements,
Jury d' examen d' Etat Certificat de stage 20. December 1976
Magyarország Általános orvos oklevél
(doctor medicinae univer-
sae, röv.: dr. med. univ.)
Egyted 1. May 2004
Malta Lawrja ta ' Tabib tal-Medi-
ċina u l-Kirurġija
Universita 'ta' Malta Central Certificate ta '
reġistrazzjoni maħ−ruary mill-Kunsill Mediku
1. May 2004
Nederland Getuigschrift van met
goed gevolg afoccasiond
artsexamen
Faculteit Geneeskunde 20. December 1976
Austria
1.
Certificate of
Awarding the
academic degree
Doctor of the Total
Heilkunde (or Doctor
medicinae universae,
Dr.med.univ.)
2.
Diploma of specific training as a doctor for
general medicine or
Facharztdiplom
1.
Medical Faculty
of a








2.
Österreichische
Ärztekammer
1. January 1994
Polska Dyplom ukończenia studiów wyższych na kierunku
lekarskim z tytułem "lekarza"
1.
Akademia Medyczna
2.
Uniwersytet Medyczny
3.
Collegium
Medicum
Uniwersytetu
Jagiellońskiego
Lekarski
Egzamin
Państwowy
1. May 2004
Portugal Carta de Curso de licenciatura em medicina Universidades Diploma
comprovativo da conclusão
do internato
geral emitido pelo Ministério da Saúde
1. January 1986
România Diplom-ă de licenţă de doctor medic Universităţi 1. January 2007
Slovenija Diploma, s katero se podeljuje strokovni naslov "doktor
medicine/doktorica medicine"
Univerza 1. May 2004
Slovensko Vysokoškolský diplom o
udelení akademického titulu "doktor medicíny" ("MUDr.")
Vysoká škola 1. May 2004
Suomi/
Finland
Lääketieteen lisensiaatin
tutkinto/Medicine
licentiatexamen
-
Helsingin yliopisto/
Helsingfors universitet
-
Kuopion yliopisto
-
Oulun yliopisto
-
Tampereen yliopisto
-
Turun yliopisto
Todistus lääkärin perusterveydenhuollon lisäkoulutuksesta/Examenbevis om tilläggsutbildning för
läkare inom
primärvården
1. January 1994
Sverige Läkarexamen Universitet Bevis om
praktisk
utbildning som
utfärdas av
Socialstyrelsen
1. January 1994
United
Kingdom
Primary qualification Competent examining body Certificate of experience 20. December 1976