Federal Medical Regulations

Unofficial table of contents

BÄO

Date of completion: 02.10.1961

Full quote:

" Bundesärzteordnung in the version of the Notice of 16 April 1987 (BGBl. 1218), as last amended by Article 2 of the Regulation of 21 July 2014 (BGBl I). I p. 1301)

Status:	New by Bek. v. 16.4.1987 I 1218;
	Last amended by Art. 2 V v. 21.7.2014 I 1301

For more details, please refer to the menu under Notes

Footnote

(+ + + Text proof applicable: 2.3.1983 + + +) 
(+ + + Changes due to EinigVtr cf.  § § 3, 4, 5, 12, 13, 13a, 14 u.  14a + + +) 

  

I.
The medical profession

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§ 1

(1) The doctor serves the health of the individual person and of the entire people. (2) The medical profession is not a business; it is its nature after a liberal profession. Unofficial table of contents

§ 2

(1) If you wish to pursue a medical profession within the scope of this law, you need to be a doctor. (2) A temporary or limited exercise of the medical profession within the scope of this law is limited to certain activities. (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 which Germany and the European Community or Germany and the European Union shall be entitled to exercise the profession of medical profession within the scope of this Act, without any examination as a doctor or without permission, for the temporary exercise of the medical profession, provided that: 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 obligation to notify according to this law. (4) For the purpose of exercising the medical profession in border areas by physicians who are not established in the territory of the country, the intergovernmental contracts concluded for this purpose apply. (5) Exercise of the medical profession The profession is the exercise of the medicine under the professional title "Doctor" or "Doctor". Unofficial table of contents

§ 2a

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

II.
The approbation

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§ 3

(1) Approbation as a doctor shall be granted upon request, if the applicant

1.

(dropped)

2.

is not guilty of any conduct arising out of its unworthiness or unreliability in the pursuit of the medical profession,

3.

is not unsuitable for the exercise of the profession in health terms,

4.

After studying medicine at a scientific university of at least six years, of which at least eight, not more than 12 months, on practical training in hospitals or appropriate institutions of the medical Health care must be dispensed with, the medical examination has passed within the scope of this Act,

5.

has the knowledge of the German language required for the exercise of professional activity.

A medical training completed in one of the other Member States of the European Union or in another Contracting State of the Agreement on the European Economic Area shall be deemed to be a training within the meaning of point 4 if it is provided by a medical certificate issued after 20 December 1976 and listed in the Annex to this Act, of one of the other Member States of the European Union or of a certificate referred to in the Annex to that Act, in accordance with the provisions of 31 December 1976, A medical certificate issued in December 1992 by another The contracting state of the Agreement on the European Economic Area is shown. In the case of medical training certificates issued after 20 December 1976 of the European Union Member States shall be subject to training commenced after the date on which the date of accession has been commenced or, where applicable, , the date of application of the Agreement, the date of medical training of another Contracting State of the Agreement on the European Economic Area, which provides for a special agreement at the time of the validity of the Agreement. Obligations laid down in Council Directives 75 /362/EEC and 75 /363/EEC of 16 June 1975, 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 legal claim to that effect 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 September 2005 on the recognition of professional qualifications (OJ L 327, 30.12.2005, 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 a corresponding legal claim, issued medical evidence of evidence of formal medical training issued in accordance with the Annex to the second sentence of the State in question for the State concerned , but shall be submitted with a certificate from the competent authority or body of the State in order to complete an education meeting the minimum requirements laid down in Article 24 of Directive 2005 /36/EC; and that they shall: shall be equivalent to the references listed for that State in the Appendix to the second sentence. 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 certificate of formal qualifications to be recognised in accordance with Directive 2005 /36/EC. (1a) The competent authorities of the country in which the profession is practised or has been last pursued, inform the competent authorities of the home Member State of the existence of criminal sanctions, the withdrawal, the revocation and the arrangement of the renunciation of the aversion or permission to disregard the exercise of the activity; and facts justifying any of those sanctions or measures , the rules on the protection of personal data should be complied with. 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 transmit 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 notification by 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 (2) If the condition set out in the first sentence of paragraph 1 is not met, applicants who have completed their medical training in another Member State of the European Union or another Contracting State of the Agreement on the European Economic Area or Switzerland concluded and not shall fall under the provisions of paragraph 1 or section 14b to grant the approval if the equivalence of the level of training is given. 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). Significant differences in the first sentence shall be provided if:

1.

the duration of the training provided by the applicants is at least one year under the duration of the training provided for in that Act;

2.

the training of applicants relates to subjects that are significantly different from German training; or

3.

the profession of a doctor comprises one or more regulated activities which are not part of the profession in the State which issued the evidence of formal qualifications, and this difference exists in a specific training which is defined in accordance with the German training is required and refers to subjects that differ significantly from those covered by the evidence of formal qualifications that applicants submit.

Subjects differ materially if their knowledge is an essential condition for the exercise of the profession and the training of applicants towards 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 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 an informed 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 training certificate as a doctor who is issued in a Member State other than the one referred to in the first sentence (third country) and which is recognised by another of the States referred to in the first sentence. (3) If the condition set out in the first sentence of the first sentence of paragraph 1 is not fulfilled, applicants who have a certificate of training as a doctor shall be issued in a Member State other than the one referred to in the first sentence of paragraph 2 (third country), which shall: 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 (4) If the grant of the Approbation is to be rejected due to a lack of any of the conditions laid down in the first sentence of paragraph 1, first sentence, No. 2 and 3, the applicant shall be legal representative. (5) If the applicant is suspicion of a A criminal offence which may result in his unworthiness or unreliability in the exercise of the medical profession may be subject to criminal proceedings, the decision on the application for the grant of the Approbation may be taken until the end of the proceedings. (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 to the applicant. to present:

1.

proof of identity,

1a.

a tabular list of the training courses and the activities carried out,

2.

an officially certified copy of the evidence of formal qualifications or evidence of formal qualifications, entitling him to take up the profession in question and, where appropriate, a certificate of professional experience acquired by the person concerned;

2a.

in the case referred to in paragraph 3, a certificate of entitlement to practise in the country of origin and documents which are likely to be required to pursue a medical profession in the territory of the country,

3.

the documents which have been issued by the competent authorities of the home Member State and which show that the requirements referred to in the first sentence of paragraph 1 of this Article are fulfilled or, if the abovementioned documents are not issued in the country of origin, a a solemn declaration or-in those States where there is no affidavit-a solemn declaration which the person concerned shall make before a competent judicial or administrative authority, or, where appropriate, in front of a notary or a notary duly authorised professional organisation of the State of origin, who shall: certifying that affirmative or solemn declaration has been issued,

4.

the proof referred to in the first sentence of paragraph 1, point 3, which shall be recognised in the Member State of origin, or where no such proof is required in the home Member State, shall be recognised by a competent authority of the a certificate issued by the home Member State,

5.

a certificate issued by the competent authorities of the home Member State certifying 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 in order to determine whether the training has significant differences in relation to the training laid down in this Act and in the Regulation pursuant to Article 4 (1) of this Regulation,

7.

where evidence of formal qualifications referred to in Article 3 (1) (c) of Directive 2005 /36/EC is submitted by the competent authority of a Member State or of another Contracting State to 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 contractually entitled, have been issued, to an education which is wholly or partly in a lawfully located in the territory of another of the States referred to above the established institution, documents,

a)

whether the training course in the institution concerned has been officially certified by the training institution of the issuing Member State,

b)

whether the certificate issued is equivalent to that which would have been awarded if the training course had been completed in full in the issuing Member State; and

c)

whether the same professional rights are conferred on 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 more 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 confirmation that the applicant complies with the minimum training requirements laid down in Article 24 of Directive 2005 /36/EC.

(7) The Professional Qualification Order Act shall not apply with the exception of § 17. (8) The Federal Government shall review the arrangements for the recognition procedures under this Act and shall report to the German Bundestag after the expiry of three years. Unofficial table of contents

§ 4

(1) The Federal Ministry of Health regulates the minimum requirements for the study of medicine, including practical training in hospitals, by means of a legal regulation with the consent of the Federal Council in an appropriation order for doctors and other appropriate medical care facilities, as well as the medical examination and the medical examination. (2) The regulations in the regulation are to be geared to an education which is capable of Self-employed 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 provisions of Article 24 of Directive 2005 /36/EC must be complied with. (3) In the regulation, a nursing service, which is to be completed before the start of or during the non-taught periods of pre-clinical studies, may be subject to training in the first place. Assistance as well as a Famulatur to be paid during the course-free periods of the clinical course of study. 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 course of 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 (4) (omitted) (5) The Regulation also provides for the calculation of higher education qualifications and examinations which are carried out within or outside the scope of the Regulation. of this law shall be laid down. In addition, the legal regulation also provides for the provision of technical and time training requirements for the completion and completion of a medical training for cases in which outside the scope of this law A university degree in medicine has been completed, but in order that the law in force in the state in question does not result in the completion of medical education. (6) The legal regulation provides for the procedures for examining the conditions of the § § § 3 (1), points 2 and 3, in particular for the applicants to be submitted (6a) In the regulation, regulations are to be laid down by the competent authorities, in accordance with 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. Implementation and content of the aptitude test in accordance with § 3 (2) and the proficiency test in accordance with § 3 (3) and for the granting and renewal of the work permit pursuant to § 10. (7) Derogations from the provisions of paragraphs 1 to 3, 5 and 6 as well as of the of this Regulation, the administrative procedure laid down in this Regulation are excluded by national law. Unofficial table of contents

§ 5

(1) The Approbation shall be withdrawn if, in its grant, one of the conditions set out in § 3 (1) sentence 1, first sentence, no. 4 has not been submitted or in the case of an Approbation granted prior to the date of entry into effect of the accession, this shall be carried out at a training institution in the Article 3 of the agreement referred to in Article 3 (1) sentence 2 or in a case of § 14a (4) sentence 1 was not completed, or the training pursuant to § 3 (1) sentence 2 or 6 or § 3 (2) or 3 or the training to be followed in accordance with § 14b 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 alternatively established equivalent level of knowledge actually did not 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 (2) Approbation, as provided for in paragraph 1, or the knowledge and skills required for the exercise of the medical profession within the scope of this Law have not been proven in the aptitude test. (2) shall be revoked if the condition pursuant to section 3 (1) sentence 1 no. 2 has subsequently fallen away is. It may be revoked if the condition pursuant to section 3 (1) sentence 1 no. 3 has subsequently been omitted. Unofficial table of contents

§ 6

(1) The resting of the Approbation can be arranged if:

1.

a criminal proceedings have been initiated against the doctor on suspicion of a criminal offence which may result in his unworthiness or unreliability in the exercise of the medical profession,

2.

has subsequently fallen away from the condition laid down in Article 3 (1), first sentence, No 3,

3.

There are doubts as to whether the condition of Section 3 (1), first sentence, sentence 1 (3) is still fulfilled and that the doctor refuses to undergo an official or professional medical examination arranged by the competent authority,

4.

that the doctor does not have the knowledge of the German language required for the exercise of professional activity in Germany, or

5.

that the physician is not sufficiently insured against the liability risks arising from his/her professional practice, provided that there is a duty to take out insurance under national law or by virtue of the right to stand-by.

(4) The competent authority may allow the practice of a doctor whose approval is based, to be allowed to take up a medical profession. (4) The competent authority may allow the practice of a doctor whose approbation rests, for a period of time to be determined by another physician. Unofficial table of contents

§ 7

(dropped) Unofficial table of contents

§ 8

(1) In the case of a person whose Approbation or Bestallung has been withdrawn or revoked due to a lack of or subsequent omission of one of the requirements of § 3 (1) sentence 1 no. 2 and 3 or which has waived the Approbation pursuant to § 9 and which has submitted a request for the re-issuance of the Approbation, the decision can be returned on this application and may first be granted a permit for the exercise of the medical profession up to a period of two years. (2) The permission shall be given only revocable and temporary; it may be limited to certain activities and Employment agencies are limited. Persons who have been granted permission shall have the rights and duties of a doctor. Unofficial table of contents

§ 9

The Approbation may be waived by written declaration to the competent authority. A waiver that is declared under a condition is ineffective.

III.
Permission

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§ 10

(1) The permit for the 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. Paragraph 8 shall remain unaffected. (1a) By way of derogation from the second sentence of paragraph 1 and 3, upon request, a permit may be granted for the temporary exercise of the medical profession if the application states that, in respect of the intended medical profession, the medical profession shall be subject to the following conditions: Activity is of particular interest in the granting of permission. Permission is not accepted for the grant of an Approbation. (2) The permission may be limited to certain activities and employment offices. It may only be revoked or renewed for a maximum period of two years within the scope of this Act. (3) A permit may, exceptionally, be granted in respect of the period referred to in paragraph 2. in the case of a special individual case or for reasons of medical care, if an Approbation cannot be granted due to a lack of conditions pursuant to Section 3 (1) (4). 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. (4) Permits provided for in the first sentence of paragraph 1, issued before 1 April 2012, shall remain effective. For them, paragraph 3 is to be applied in its up-to-date version until April 1, 2014 for such holders of the permit, who have submitted an application for the grant of the Approbation in accordance with § 3 paragraph 1 sentence 1 up to 1 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, which shall 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 who, under the law of the European Community, have an equal status, do not apply. (5) In exceptional cases, a permit for the temporary exercise of the medical profession may also be granted upon request. be granted to persons who are outside the scope of this Act medical training, but this training has not yet been completed, if:

1.

the applicant, on the basis of a final examination outside the scope of this law, has acquired the right to restrict the exercise of the medical profession, and

2.

the activity to be carried out on the basis of the licence is required to complete a medical training.

(6) Persons who have been granted a licence to exercise the professional medical profession in accordance with the above provisions shall have the rights and duties of a doctor. Unofficial table of contents

§ 10a

(1) Approbated dentists, who have a valid state recognition as a specialist dentist for jaw surgery according to the order No. 1 on the continuing training of doctors and dentists (Specialist/Fachdentist order) of 11 August 1978 (GBl. No 25 p. 286) as amended by Regulation No 2 of 15 April 1986 (GBl. 262) and, by 2 October 1990, on the basis of the instructions on the approximation orders for doctors and dentists of 12 January 1982 (available and communication from the Ministry of Public Health No. 2 p. 28) were entitled to: Activities in the field of oral and maxillofacial surgery shall be granted, upon request, an open-ended permit for the 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, (2) Approbated dentists who have a valid state recognition as a specialist dentist for a theoretical-experimental specialisation in medicine in accordance with the specialist medical/specialist dental regulations referred to in the first sentence of paragraph 1. Connection with the training provided by dentists in Theoretical and experimental fields of medicine of 9 February 1983 (available and communication from the Ministry of Public Health No. 3 p. 17) and up to 2 October 1990 on the basis of the instructions for the order of approbation for dentists from the 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, and, on request, an indefinite Permission to exercise the medical profession in the field concerned, to the extent that: the activity carried out or intended at the time of the 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 Article 3 of the Agreement, the area referred to in the first sentence of the first sentence of the first sentence was after the (3) Paragraphs 1 and 2 shall not apply as long as the Approbation is referred to as a dentist. (4) For holders of a licence pursuant to paragraphs 1 or 2, § 10 para. 6 shall apply accordingly.

IV.
Providing services

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Section 10b

(1) nationals of a Member State of the European Union or of any other Contracting State of the Agreement on the European Economic Area, or of a Contracting State, of Germany and of the European Community or of Germany, and the European Union has contractually granted an appropriate legal right to exercise the professional 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 State Party to which Germany and the The European Community or Germany and the European Union have contractually granted an appropriate legal claim on the basis of a medical training completed under German law or on the basis of a medical training provided for in the As a service provider within the meaning of Article 50 of the EC Treaty, a temporary and occasional service may be provided as a service provider within the meaning of Article 50 of the EC Treaty, pursuant to Article 3 (1), second sentence, in Article 3 (1), sentence 6 or in Article 14b (1). medical profession within the scope of this law. 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), are available, a corresponding measure is lacking. (2) A provider of services within the meaning of paragraph 1 has the competent authority, if he changes to Germany for the first time from another Member State to the provision of services, to the competent authority of the competent authorities. Authorities in Germany to report in advance. 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 there is a substantial change in relation to the situation certified in the documents, the service provider shall submit the following documents to the competent authority:

1.

proof of his nationality;

2.

a certificate attesting that he is lawfully established as a doctor in a Member State and that he is not prohibited, even temporarily, from the exercise of that profession at the time of the submission of the certificate; and

3.

his professional qualification certificate.

The provider of services referred to in paragraph 1 may be required to provide information on details of insurance cover or of any other type 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 provider has the rights and obligations of a doctor when he or she provides the service within the scope of this law. 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 impact. 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, all information provided by the requesting authority on the legality of the establishment and the good management of the service provider (4) A national of a Member State of the European Union or of any other Contracting State of the Convention on the European Economic Area, or of a Contracting State to which Germany and the European Community or Germany and the European Union have contractually granted an appropriate legal claim within the scope of this Law the medical profession on the basis of an Approbation as a doctor or a permit for the temporary exercise of the medical profession, shall, on request for the provision of services in one of the other Member States of the European Union or any other State Party to the Agreement, be held on The European Economic Area shall issue certificates to the effect that:

1.

he is legally established in Germany as a doctor,

2.

the performance of that activity at the time of the submission of the certificate is not prohibited, even temporarily, and

3.

he has a necessary professional qualification certificate.

V.
Fee order

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§ 11

The Federal Government is empowered to regulate the fees for medical activity in a fee order by means of a regulation with the consent of the Federal Council. 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 those for payment of the charges shall be taken into account.

Footnote

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

VI.
Responsibilities

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§ 12

(1) In the cases of § 3 (1) sentence 1, the Approbation shall grant the competent authority of the country in which the applicant has filed 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 apply. Competent authority of the country in which the applicant has completed medical studies in accordance with § 14a (4) sentence 1. The decisions pursuant to § 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), the second sentence of Article 14 (2) and the second sentence of paragraph 4, as well as in accordance with Section 14b, shall be the competent authority of the country in which the profession is to be pursued. Countries may agree that the tasks assigned to them by sentence 1 shall be carried out by another country or by a common body. § 10 paragraph 3 sentence 2 remains unaffected. (4) The decisions pursuant to § 3 (1a) sentence 2, § § 5 and 6 shall apply to 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 decision in accordance with § 8 shall be taken by the authority of the country which has withdrawn or revoked the Approbation. (6) The notification in accordance with Section 10b (2) shall take the competent authority of the competent authority of the country concerned. the 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 provided has been made. 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 carries out the profession. (7) When a Member State of the European Union or another State Party to the Agreement on the European Union Economic Area or a State Party to which Germany and the European Community or Germany and the European Union have contractually granted a corresponding legal claim, in order to facilitate the application of Title III, Chapter III of Directive 2005 /36/EC, a certificate of the home Member State Requests that the evidence issued in Germany comply with the evidence required by Directive 2005 /36/EC on the required training conditions, this certificate shall be issued by the Federal Ministry of Health. (8) Insofar as the in the case of the competent authorities of the host Member State, to the competent authorities of the competent authorities of the competent authorities of the host Member State in accordance with Annex VII (1) (d) of Directive 2005 /36/EC, this shall be carried out within two months.

VII.
Criminal provisions

Unofficial table of contents

Section 13VII of the Criminal and Penal Rules

Those who exercise the medicine, as long as the rest of the Approbation is ordered by a fully retractable disposition, shall be punished with imprisonment for up to one year or a fine. Unofficial table of contents

§ 13a

(2) The administrative offence can be punished with a fine of up to two thousand five hundred euros.

VIII.
Transitional and final provisions

Unofficial table of contents

§ 14

(1) An Approbation or Bestallung, which entitles the person to pursue the profession of medical profession in the present application of the Act, 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 an approval which, on the day before the date on which the contract becomes effective, entitles the person referred to in Article 3 of the Agreement to the exercise of the medical profession, in so far as it does not: 1 July 1988, and not by an order in force at that date in accordance with Section 15 of the Doctors Approbation Order of 13 January 1977 (GBl. 30), as amended by Regulation No 2 of 24 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 The territory referred to in Article 3 of the Agreement shall be governed by the law of the country. (2) One of the territories referred to in Article 3 of the Unification Treaty, which was issued before 1 July 1988, shall be held on the day before the date of entry into force of the accession to the territory of the Member State concerned. medical profession, but by means of an arrangement in force at that point in time According to § 15 of the Approbationsordnung für Ärzte of 13 January 1977 (GBl. 30), as amended by Regulation No 2 of 24 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 fulfils the conditions of § 3 (1), first sentence, No. 2 and 3. (3) A person issued after 30 June 1988, the day before the date of action of the Accession in the area referred to in Article 3 of the Agreement on Approbation 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 Order 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 I). 1467), and the conditions laid down in Section 3 (1) (1) (2) and (3) of this Act have been fulfilled. (4) The holder of one of the days before the date of entry into force of the date of entry into the Article 3 of the Act The provisions of the Agreement are valid Approbation for medical activities in a medical-theoretical subject area according to § 4 of the Approbationsordnung für Ärzte of 13 January 1977 (GBl. 30), as amended by Regulation No 2 of 24 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 successfully completes the training until 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 a person according to the provisions of § 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. § 3 (2) shall apply. (5) A permit valid at the date of accession for the temporary exercise of the medical profession and one on the day before the date of entry into the territory of the territory referred to in Article 3 of the Unification Treaty shall apply. Valid state permit for the exercise of medical practice pursuant to § 10 para. 3 of the Doctors Approbationsordnung of 13 January 1977 (GBl. 30), as amended by Regulation No 2 of 24 August 1981 (GBl). I n ° 29 p. 346) are valid with their previous content as permission in accordance with § 10 (1) of this Act. Unofficial table of contents

§ 14a

(1) Applicants who have taken up the study of medicine in 1970 or in the summer semester of 1971 shall have a higher education degree in medicine from at least six years of study in medicine (§ 3 paragraph 1 no. 4). (2) The necessary derogations for the persons referred to in paragraph 1 are, moreover, 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 prior to 1970, in 1970 or in the summer semester 1971, a medical training pursuant to § 3 (1) (4) and (5) 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 I). 1467), if they do not complete the medical training or individual sections of this training until a certain date. (4) Students of medicine who, after the date of entry into force of accession, enter into force. Continuing medical studies at universities or medical academies in the territory referred to in Article 3 of the Agreement, the study shall be completed in accordance with the legislation currently in force in this area, provided that this is not the case. on 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 proof will receive a permit pursuant to § 10 para. 1, with which they are entitled according to § 10 para. 4 of the Federal Medical Regulations 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 I). 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. until 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. The provisions of this Regulation shall apply from the commencement of the studies to students who, in 1992 and later, receive a medical degree from the training centres referred to in the first sentence. 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. Unofficial table of contents

Section 14b

(1) Applicants who fulfil the conditions set out in § 3 (1), first sentence, points 2, 3 and 5 and issued an Approbation as a physician on the basis of the submission of a date leading to the recognition in each case before the relevant date pursuant to § 3 (1) sentence 2, 3 or 4 for the recognition of the respective date of recognition. medical training certificate of one of the other Member States or of another Contracting State of the Agreement on the European Economic Area or of a Contracting State, of Germany and of the European Community or of Germany and of The European Union has given a contractual right to legal action, , the Approbation as a doctor is also to be granted. In cases where the medical training of the applicant is subject to the minimum requirements of Article 24 of Directive 2005 /36/EC of 7 September 2005 (OJ L 327, 30.12.2005, p. 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 which it appears that the applicant has at least five years prior to the application three years uninterrupted and legally practiced by the medical profession. In the case of applicants whose evidence of formal qualifications

1.

have been awarded by the former Czechoslovakia and permit the appointment of the doctor's profession, or indicate that the training has been received in the case of the Czech Republic and Slovakia before 1 January 1993, or

2.

were lent by the former Soviet Union and permit the appointment of a doctor's profession, or indicate that, in the case of Latvia, the training in the case of Estonia was before 20 August 1991, in the case of Latvia before 21 August 1991, and in the case of Lithuania before the 11 March 1990, or

3.

have been awarded by the former Yugoslavia and allow the appointment of the doctor's profession, or the fact that the training has been received in the case of Slovenia before 25 June 1991,

if the authorities of these Member States certify that such evidence of formal qualifications has the same validity as regards the taking up and pursuit of the profession of doctor in their territory, the authorities of those Member States shall be granted a doctor ' s certificate. a certificate issued by them and a certificate issued by the same authorities that the person concerned has been uninterrupted for at least three years in the five years preceding the date of issue of the certificate. actually and lawfully exercised the profession of medical profession in their territory (2) Applicants for which paragraph 1 applies and who fulfil the conditions laid down in that paragraph, with the exception of the required professional experience, shall be entitled to the approval if the training of the applicant does not differ significantly in relation to the training provided for in this Act and in the legal regulation pursuant to § 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, External Force) Unofficial table of contents

Annex (to § 3 (1) sentence 2)

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


Land training verifier issuing stelleAdditional Certifying Tag

Belgium/ 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-квалификаската-квалификая- 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 rigoróznízkoušce	1 May 2004
Danmark	Bevis for bestået lægevidenskabelig embedsekseeds	Medicinsk universitetsfaculty	- Autorisation 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
U.S.A.	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 Εγγραφής 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	Ċertificat ta ' reġistrazzjoni maħ−rulings mill-Kunsill Mediku	1 May 2004
Nederland	Getuigschrift van met Goed gevolg afungd artsexamen	Faculteit Geneeskunde		20 December 1976
Austria	1. Certificate of the Award of the academic degree Doctor of the entire Medicine (or Doctor medicinae universae, Dr.med.univ.) 2. Diploma on the specific training of the doctor for General medicine or Specialist diplom	1. Medical Faculty a university 2. Austrian Medical chamber		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 Egzamine 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	Diploma 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 licentiate exams	- 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