Law on the profession of dietician and the dietician (Article 1 of the Law on the profession of dietician and the dietician and amending various laws on access to other medical professions) (Diätassistentengesetz- DiätAssG)

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DiätAssG

Date of completion: 08.03.1994

Full quote:

" Diätassistentengesetz vom 8. März 1994 (BGBl. 446), most recently by Article 48 of the Law of 6 December 2011 (BGBl). 2515).

Status:

Last amended by Art. 48 G v. 6.12.2011 I 2515

For more details, please refer to the menu under Notes

Footnote

(+ + + Text evidence from: 1. 6.1994 + + +) 

  

The G has been approved by the Bundestag with the consent of the Bundesrat. It's gem. of its Article 6 (1), first sentence, entered into force on 1 June 1994. Art. 1 § 8 is in accordance with. Article 6 (2) entered into force on the day after the announcement.

Section 1
Permission

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§ 1

(1) Who wants to lead the professional title "Diätassistentin" or "Diätassistent", requires permission. (2) Diätassistentinnen and Diätassistenten, who are nationals of a Contracting State of the European Economic Area, lead the Professional title referred to in paragraph 1, within the scope of this Act, provided that they exercise their professional activities as a temporary and occasional service within the meaning of Article 50 of the EC Treaty within the scope of this Act. However, they are subject to the obligation to notify and to check in accordance with this law. The same applies to third countries and to third country nationals, as far as the recognition of qualifications under the law of the European Communities provides for equality. Unofficial table of contents

§ 2

(1) The permission in accordance with § 1 shall be granted on request, if the applicant

1.

has completed the prescribed training and passed the state examination (§ 4),

2.

has not found itself guilty of conduct which results in the unreliability of the profession,

3.

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

4.

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

(2) A completed training acquired outside the scope of this Law fulfils the conditions laid down in paragraph 1 (1), if the equivalence of the training level is given. The examination of equivalence of the level of training shall include the training courses completed in other countries or the professional experience acquired in other countries. The equivalence of the level of training within the meaning of the first sentence shall be recognised if:

1.

the applicants submit evidence of formal qualifications, which indicates that they have already been recognised as a dietician or a dietician in another Contracting State of the European Economic Area,

2.

they have a three-year professional experience in the field of dietiquity in the territory of the Member State which has recognised the evidence of formal qualifications, and

3.

the Member State which has recognised the training, attests to this professional experience or, if the training of applicants does not differ significantly from that in this Act and in the Training and Examination Regulation for Dietitists and dieticians have been trained in the dietary assistant.

The second sentence of paragraph 3, points 1 to 4 shall apply mutatily. If the equivalence of the state of training is not given in accordance with the sentences 1 to 3, or if an examination of the equivalence of the training stand is possible only with an unreasonable time or material effort, because the required documents are for reasons other than those of the applicant, which cannot be submitted by the applicant, an equivalent level of proficiency is to be found. This evidence shall be verified by an examination of the content of the state final examination, or a maximum of three years An adaptation period, which concludes with an examination of the content of the adaptation period. Applicants shall have the right to choose between the proficiency test and the adaptation period. (3) For applicants who wish to seek permission in accordance with Article 1 (1), the condition set out in paragraph 1 (1) shall be deemed to have been fulfilled if from one in a the other Contracting State of the European Economic Area has obtained a diploma which has obtained the holder of a training which requires in that State the right to direct access to a profession corresponding to the profession of dietiquant is. Diplomas within the meaning of this Act are evidence of formal qualifications as referred to in Article 3 (1) (c) of Directive 2005 /36/EC of the European Parliament and of the Council of 7 September 2005 on the recognition of professional qualifications (OJ L 327, 30.12.2005, p. EU No OJ L 255, p. 22, 2007 No 18), as amended, which correspond to the level referred to in Article 11 (c) or (d) of the Directive. The second sentence shall also apply to a training certificate or to a set of evidence of formal qualifications issued by a competent authority in a Member State, provided that it has completed a completed training acquired in the Community. , which have been recognised as equivalent by that Member State and give the same rights in respect of the taking up or pursuit of the profession of dietician, or prepare for the exercise of the profession of dietitians. The second sentence shall also apply to professional qualifications which, while not complying with the requirements laid down by the laws, regulations or administrative provisions of the home Member State for the taking up or pursuit of the profession of dietician, shall be subject to the conditions laid down in paragraph 2. Rights acquired by the home Member State shall be granted in accordance with the rules applicable there. Applicants with a training certificate from a Contracting State of the European Economic Area must complete a three-year adaptation period or have an aptitude test to be taken if:

1.

their proven duration of training is at least one year under the duration of the training provided for in that law,

2.

their training is related to subjects which differ significantly from those prescribed by the training provided for in this Act and the Training and Examination Regulations for Diätassistentinnen and Diätassistenten,

3.

the profession of dietician comprises one or more regulated activities which, in the Member State of origin of the applicant, do not form part of the profession corresponding to the dietician, and where that difference in a particular profession is Training, which is required under this Act and the Training and Examination Regulation for Diätassistentinnen und Diätassistenten and refers to subjects which differ significantly from those of the evidence of formal qualifications shall be covered by the applicant, or

4.

that their evidence of formal qualifications shall only certify training on the level referred to in Article 11 (b) of the Directive; and

their proven professional experience, irrespective of the State in which they were acquired, is not appropriate for the total or partial compensation of the differences referred to in points 1 to 4. Applicants shall have the right to choose between the adaptation period and the aptitude test. (4) The provisions of paragraphs 2 to 3 shall apply, in accordance with the provisions of third country diplomas, to be recognised in accordance with the law of the European Communities. (6) Countries may agree that the tasks referred to in paragraphs 2 to 4 may be carried out by another country or by a common body. (7) The Federal Government is reviewing the regulations on the Recognition procedure under this law and reports to the German Bundestag after the expiration of three years. Unofficial table of contents

§ 2a

(1) The competent authorities of the country in which the profession of the dietician is practised or has been last pursued shall inform the competent authorities of the home Member State of the existence of criminal penalties, through which: Withdrawal, revocation and arrangement of the glory of the permit, the suspension of the exercise of the activity and the facts which would justify any of those sanctions or measures; the provisions on protection shall be of personal data. Where the competent authorities of the countries receive information from the competent authorities of host Member States which might have an impact on the exercise of the profession of the dietician, they shall verify the accuracy of the facts and shall be informed of the nature and nature of the facts and the the extent of the tests to be carried out and shall inform the host Member State of the consequences to be drawn from the information provided. The Länder can determine joint positions for the purpose of carrying out the tasks according to sentences 1 and 2. (2) The Federal Ministry of Health shall, after notification by the Länder, designate the authorities and bodies responsible for the exhibition or reception of the in- of the training qualifications and other documents or information referred to in Directive 2005 /36/EC, and the authorities and bodies which may accept the applications and take the decisions which may be taken in connection with this Directive . It shall immediately inform the other Member States and the European Commission. (3) The competent authorities and bodies responsible for the decisions pursuant to this Act shall submit statistical statements to the Federal Ministry of Health on: the decisions taken by the European Commission in respect of the report required by Article 60 (1) of Directive 2005 /36/EC to be forwarded to the Commission.

Section 2
Training

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§ 3

In accordance with the task of the profession, the training should in particular provide the knowledge, skills and skills required for the responsible conduct of dietary therapeutic and nutritional measures on medical -to enable or in the context of medical regulations such as the establishment of diet plans, the planning, calculation and production of scientifically recognised dietary forms, and to contribute to the prevention and treatment of diseases; and to carry out nutritional advice and training (training target). Unofficial table of contents

§ 4

The training lasts three years and consists of theoretical and practical instruction and a practical training. It is taught by state-approved schools and concludes with the state examination. Schools which are not established at a hospital shall have practical training as part of a scheme with a hospital or other appropriate medical facilities. Unofficial table of contents

§ 5

The prerequisite for access to training is:

1.

health fitness for the exercise of the profession and

2.

the secondary school leaving certificate or an equivalent education or another completed ten-year school education which extends the main school leaving certificate or a vocational training completed after the main school leaving certificate or an equivalent qualification of a duration of at least two years.

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§ 6

(1) The duration of the training shall be taken into account

1.

Holidays,

2.

Interruptions due to pregnancy, illness or other reasons not to be taken by the student or the pupil, up to a total duration of twelve weeks, in the case of a shortened training according to § 7 up to a maximum of four weeks per training year.

At the request, any additional absences may be taken into account, in so far as there is a particular hardship and the training objective is not jeopardised by the offsetting. (2) Paragraph 1 does not apply to the duration of the training in the hospital after § 8 (3). Unofficial table of contents

§ 7

The competent authority may, at the request of the competent authority, count on a different training to the extent of its equivalence to the duration of the training provided that the implementation of the training and the attainment of the training objective are not jeopardised by this. Unofficial table of contents

§ 8

(1) The Federal Ministry of Health is authorized, in consultation with the Federal Ministry of Education and Research, by means of a legal regulation with the consent of the Federal Council, in a training and examination regulation for dieticians ' assistants. (2) The legal regulation referred to in paragraph 1 shall apply to holders of evidence of formal qualifications issued by a licence pursuant to Article 2 (1) of this Regulation. (2) The following shall apply in the case of a certificate of the German Request a connection with § 2 (3) or (4) to regulate:

1.

the procedure for the examination of the conditions set out in § 2 (1) (2) and (3), in particular the submission of evidence to be submitted by the applicant and the identification by the competent authority in accordance with Article 50 (1) to (3) in conjunction with Annex VII to Directive 2005 /36/EC,

2.

the obligation of training providers to carry out, in accordance with the provisions of Article 52 (1) of Directive 2005 /36/EC, the professional title of the host Member State and to use the abbreviation of the host Member State,

3.

the time limits for the granting of the permit,

4.

the procedure relating to the conditions for the provision of services in accordance with Article 1 (2) in conjunction with Article 8a of this Act,

5.

the rules on the implementation and content of the adaptation measures in accordance with Article 2 (2) sentence 5.

(3) Furthermore, provision should be made in the regulation to ensure that, within the practical training referred to in § 4, pupils are familiared with the necessary work procedures for a period of six weeks in hospitals and in such directions, and (4) derogations from the rules laid down in paragraphs 1 to 3 and the provisions of the regulation adopted pursuant to this Regulation shall be subject to the following: Administrative proceedings by national law are excluded.

Section 2a
Providing services

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§ 8a

(1) Nationals of a Contracting State of the European Economic Area, who are nationals of a Contracting State of the European Economic Area in another Contracting State of the European Economic Area on the basis of a German law have been completed or have been entitled to a training certificate corresponding to the requirements of § 2 (3); and

1.

which are lawfully established in a Member State, or

2.

if the profession of dietician or training in that profession is not regulated in the Member State of establishment, that profession has been lawfully exercised in the Member State of establishment for at least two years during the previous 10 years , have

may, as a service provider within the meaning of Article 50 of the EC Treaty, temporarily and occasionally pursue their profession within the scope of this Act. The temporary and occasional nature of the service provision shall be assessed on a case-by-case basis. The assessment shall include the duration, frequency, periodic recurrence and continuity of the service. The entitlement under the first sentence does not exist if the conditions for a withdrawal or revocation relating to the facts pursuant to section 2 (1) (2) or (3) are met by a corresponding measure in the absence of a German professional permit. but cannot be adopted. § 1 (2) sentence 3 shall apply mutatily. (2) Who, within the meaning of paragraph 1, wants to provide services, shall notify the competent authority beforehand. The notification shall be made in writing. It shall be renewed once a year if the service provider intends to provide temporary and occasional services within the scope of this Act during the year in question. (3) For the first time the service provider is notified of the The provision of services or, in the case of substantial changes, to the situation in the documents presented in the documents submitted to date, the provider shall submit the following certificates:

1.

Proof of nationality,

2.

Proof of professional qualifications,

3.

Certificate of legal establishment in the profession of dietician in another Member State, which also extends to the fact that the service provider does not carry out his duties at the time of presentation of the certificate, including: , or, in the case referred to in the first sentence of paragraph 1, point 2, proof in any form that the service provider has an activity corresponding to the profession of dietiquant during the preceding ten years, at least two years lawfully exercised.

The knowledge of the German language required for the performance of the service must be available. The competent authority shall, in the case of the initial provision of services, examine the professional qualification certificate referred to in the first sentence of 1 (2). § 2 (3) applies accordingly, with the proviso that for substantial differences between the professional qualification of the service provider and the according to this Act and the Training and Examination Ordinance for Diätassistentinnen and Dieticians should only be required to provide compensatory measures if the differences are so large that public health would be at risk without the proof of lack of knowledge and skills. The compensation of the missing knowledge and skills should take the form of an aptitude test. (4) Nationals of a Contracting State of the European Economic Area who, within the scope of this law, apply the profession of dietician to The reason for a licence pursuant to Article 1 (1) shall be issued on request for the purpose of the provision of services in another Contracting State of the European Economic Area, certifying that:

1.

they are lawfully established as "dietitians" or "dieticians" and are not prohibited from carrying out their activities, even temporarily,

2.

they have the professional qualifications required to carry out the activity in question.

Section 1 (2) sentence 3 shall apply accordingly. Unofficial table of contents

§ 8b

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

§ 8c

In the context of this law, dieticians or dieticians within the meaning of § 8a have the rights and obligations of persons with a permission in accordance with § 1 (1). Where these obligations are infringed, the competent authority shall immediately inform the competent authority of the Member State of establishment of that service provider.

Section 3
Responsibilities

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§ 9

(1) The decision to grant the permission in accordance with § 2 para. 1 shall be taken by the competent authority of the country in which the applicant has filed the examination. (2) The decision on the settlement of an education pursuant to § 7 shall be taken by the competent authority of the competent authority. Authority of the country in which the applicant wishes to participate in or participate in an education. (3) The notification in accordance with Section 8a (2) and (3) shall meet the competent authority of the country where the service is to be provided or has been provided is. It shall request the information in accordance with § 8b sentence 1. The information referred to in the second sentence of paragraph 8b shall be transmitted by the competent authority of the country in which the profession of the dietician is practised or was last pursued. The information of the home Member State pursuant to Section 8c shall be provided by the competent authority of the country where the service is provided or has been provided. The certificates referred to in § 8a (4) shall be issued by the competent authority of the country in which the applicant exercises the profession of dietician.

Section 4
Fines

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§ 10

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

Section 5
Transitional and final provisions

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§ 11

(1) According to § 1 of the Law on the Occupation of Diätassistenten of 17 July 1973 (BGBl. 853), as last amended in accordance with Article 16 of the Regulation of 26 February 1993 (BGBl I). 278), permission granted shall be deemed to be a permission in accordance with § 1. (2) A permit issued under the rules of the German Democratic Republic shall be deemed to be a "dietician" or "dietician" as a permission in accordance with § 1. (3) One prior to the entry into force of this law Training started as "Diätassistentin" or "Diätassistent" will be completed in accordance with the regulations currently in force. After completion of the training, if the conditions of § 2 (1) (2) and (3) are fulfilled, the applicant shall obtain a permit pursuant to § 1. (4) A commenced before the entry into force of this Act under the rules of the German Democratic Republic. Training as "Diätassistentin" or "Diätassistent" will be completed according to these rules. Once this training has been completed, the applicant shall be granted a permit in accordance with § 1 if the conditions of § 2 (1) (2) and (3) are fulfilled. Unofficial table of contents

§ 12

For reshufflers with a completed education in a medical professional profession, the training in accordance with § 4 sentence 1 can be shortened by six months after at least three years of activity in the learned profession by a further six months if the request is made. at least the condition laid down in § 5 (1) is fulfilled and the implementation of the training and the achievement of the training objective are not endangered by this. The first sentence shall apply only to retraining which is to be started by 31 December 2000. § 7 shall remain unaffected. Unofficial table of contents

§ 13

Schools that train Diätassistenten and have received the state recognition prior to the entry into force of this law continue to be regarded as state-recognized in accordance with § 4, provided that the recognition is not withdrawn.