Law On The Profession Of Dietician And Dieticians (Article 1 Of The Act On Professions Of Dietician And Efad And Amen Thing Various Laws On Access To Other Health Care Professionals)

Original Language Title: Law on the profession of dietician and dieticians (Article 1 of the Act on professions of dietician and dieticians and amending various laws on access to other health care professionals)

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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 healing professions) (Diätassistentengesetz -DiätAssG)

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diätAssG

date of delivery: 08.03.1994

full quote:

" Diätassistentengesetz vom 8. March 1994 (BGBl. 446), as last amended by Article 48 of the Law of 6. December 2011 (BGBl. I p. 2515) "

:Last modified by Art. 48 G v. 6.12.2011 I 2515

For details, see the Notes

Footnote

(+ + + text evidence from: 1) menu. 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. Art. 6 para. 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) Diätassistenten, who are nationals of a Contracting State of the European Economic Area, shall carry out the professional title referred to in paragraph 1 within the scope of this Act without permission, provided that they are engaged in 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. Non-official table of contents

§ 2

(1) The permission in accordance with § 1 is to be granted on request if the applicant is
1.
has completed the required training and passed the state examination (§ 4),
2.
has not found itself guilty of conduct that results in the unreliability of exercising the profession,
3.
not unsuitable in health for exercising the profession and
4.
over the
() A completed training acquired outside the scope of this Act fulfils the conditions set out in paragraph 1 (1) where 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 a training certificate, which shows that: they have already been recognised as a dietician or a dietician in another Contracting State of the European Economic Area,
2.
over a three-year period 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 the training , or if the training of applicants does not differ significantly from those in this Act and in the Training and Examination Regulation for Diätassistentinnen und Diätassistenten
(3) (5) (1) to (4) shall apply accordingly. 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 knowledge is to be found. This evidence shall be verified by an examination of the contents of the state final examination, or a maximum of three years ' 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) In the case of applicants seeking a permit pursuant to Article 1 (1), the condition set out in paragraph 1 (1) shall be deemed to have been fulfilled if a diploma acquired in another Contracting State of the European Economic Area certifies that the holder has acquired a training which is necessary in that State for direct access to a profession corresponding to the profession of dietician. Diplomas within the meaning of this Act are evidence of formal qualifications as referred to in Article 3 (1) (c) of Directive 2005 /36/EC of the European Parliament and of the Council of 7. On the recognition of professional qualifications (OJ L 327, 28.12.2005, p. EU No OJ L 255, p. 22, 2007 No 18), as amended, which 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 an adaptation period of no more than three years or take an aptitude test if
1.
their proven training period is at least one year below the duration of the training regulated by this law,
2.
their education is related to subjects that differ significantly from those provided by the training under this Act and the Training and Examination Ordinance for Dieticians and Diätassistenten are required,
3.
the profession of dietician comprises one or more regulated activities, which are The Member State of origin of the applicant shall not form part of the profession corresponding to the dietician, and if that difference exists in a special training programme which shall apply in accordance with this Act and the Training and Examination Regulation for Dieticians and Diätassistenten is required and refers to subjects that differ materially from those covered by the evidence of formal qualifications that the applicant submits, or
4.
their training certificate only certifies an education on the level referred to in Article 11 (b) of the Directive, and
their proven professional experience, independent of the State in which it was acquired shall not be appropriate for the total or partial compensation of the differences referred to in points 1 to 4. 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 which, in accordance with the law of the European Communities, are recognised as being equal to those of the European Communities.(5) The Professional Qualification Order Act shall not apply with the exception of § 17.(6) Countries may agree that the tasks referred to in paragraphs 2 to 4 shall be carried out by another country or by a common body.(7) 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

§ 2a

(1) The competent authorities of the country where the profession of the dietician is practised or last practised , the competent authorities of the home Member State shall inform the competent authorities of the existence of criminal penalties, the withdrawal, the revocation and the arrangement of the glory of the permit, the subjection to the exercise of the duties and the exercise of the duties of the Member State of origin. facts which would justify one of those sanctions or measures, in accordance with the rules on the protection of personal data. Where the competent authorities of the countries receive information from the competent authorities of host Member States which might have an 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. Countries may determine joint positions in order to carry out the tasks referred to in sentences 1 and 2.(2) The Federal Ministry of Health shall, after notification by the Länder, 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 , as well as the authorities and bodies which can accept the applications and take the decisions relating to this Directive. It shall immediately inform the other Member States and the European Commission.(3) The authorities and bodies responsible for the decisions taken under this law shall submit statistical statements to the Federal Ministry of Health on the decisions taken by the European Commission in respect of the decisions taken pursuant to Article 60 (3).

Section 2
Training

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§ 3

The training is intended to provide, in particular, the knowledge, skills and skills required for the job. Self-responsible implementation of diet and nutrition medical measures on a medical basis or in the context of a medical prescription such as the preparation of diet plans, the planning, calculation and production of scientifically recognised Dietary forms enable and help in the prevention and treatment of diseases and to carry out nutrition-therapeutic advice and training (training target). Non-official table of contents

§ 4

The training lasts three years and consists of theoretical and practical teaching and a practical training Education. It is taught by state-approved schools and concludes with the state examination. Schools that are not set up at a hospital have practical training as part of a scheme with a hospital or other appropriate medical facilities. Non-official table of contents

§ 5

The prerequisite for access to training is
1.
the health fitness to exercise the profession and
2.
the real school completion or an equivalent education or another completed ten-year school education that extends the main school leaving qualification, or a post-secondary school leaving school or an equivalent completed vocational training of at least two years ' duration.
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§ 6

(1) The duration of the training will be counted
1.
Holiday,
2.
Interruptions due to pregnancy, illness or other reasons not to be represented by the student or by the student up to the total duration of twelve weeks, in the case of a shortened version Training in accordance with § 7 up to a maximum of four weeks per year of training.
On request, additional absences can also be taken into account, insofar as there is a particular hardship and the training objective is not endangered by the calculation. .(2) Paragraph 1 shall not apply to the duration of the training in the hospital pursuant to § 8 (3). Non-official table of contents

§ 7

The competent authority may, upon request, have a different training in the scope of its equivalence to the duration of the Training, if the implementation of the training and the attainment of the training target will not be jeopardised. Non-official table of contents

§ 8

(1) The Federal Ministry of Health is authorized to do so in consultation with the Federal Ministry of Education and Research by ordinance with the consent of the Federal Council in a training and examination regulation for dieticians the minimum requirements for the training, the further information on the state examination and the certificate for the permission in accordance with § 1 to the rules.(2) The legal regulation referred to in paragraph 1 shall be applied to holders of evidence of formal qualifications who apply for a licence pursuant to § 2 (1) in conjunction with § 2 para. 3 or 4:
1.
the procedure for checking the requirements of § 2 para. 1 no. 2 and 3, in particular the template the 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 guide the professional title of the host Member State, in accordance with Article 52 (1) of Directive 2005 /36/EC, and to ensure that the Abbreviation to use,
3.
the time limits for granting permission,
4.
the procedure on the conditions for the provision of services in accordance with § 1 (2) in conjunction with § 8a of this Act,
5.
the regulations on the implementation and content of the Adaptation measures in accordance with § 2 (2) sentence 5.
(3) The regulation also provides for the pupils to be provided with the necessary training according to § 4 for the duration of six weeks in hospitals with the necessary training. Work processes are made familiar and are practically taught in such directions and skills of nursing, which are of importance for the professional activity.(4) deviations from the rules of the administrative procedure contained in paragraphs 1 to 3 as well as of the legal regulation adopted on this basis are excluded by national law.

Section 2a
Providing services

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§ 8a

(1) Nationals of a Contracting State of the European Economic area for the exercise of the profession of dietician in another Contracting State of the European Economic Area on the basis of a training completed under German legislation or on the basis of one of the requirements of the §
1.
which are lawfully established in a Member State or,
2.
if the profession of the dietician or the training for this profession is not regulated in the Member State of establishment, this profession during the previous ten years have been lawfully exercised in the Member State of establishment for at least two years,
may, as a service provider within the meaning of Article 50 of the EC Treaty, temporarily and occasionally pursue their profession within the scope of 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 fulfilled by a corresponding measure in the absence of a German professional permit. but cannot be adopted. Section 1 (2) sentence 3 shall apply accordingly.(2) Those who wish to provide services within the meaning of paragraph 1 shall report this to the competent authority beforehand. The notification shall be made in writing. It shall be renewed once a year if the service provider intends to provide temporary and occasional services within the scope of this Act during the year in question.(3) In the case of the first notification of the provision of services or in the case of substantial changes to the situation in the documents submitted to date, the service provider shall submit the following certificates:
1.
Certificate of Nationality,
2.
Professional Qualification,
3.
Certificate of legal establishment in the profession of Diätassistenten in another Member State, which also extends to the service provider's exercise of his Activity at the time of presentation of the certificate, not even temporarily, is prohibited, or, in the case of the first sentence of the first sentence of paragraph 1, proof in any form that the service provider is one of the profession of dietician. has been legally practised for at least two years during the previous ten years.
The knowledge of the German language required for the performance of the service has to 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 exercise the profession of dietician on the grounds of a licence pursuant to Article 1 (1) within the scope of this Act shall be subject to application for the purposes of the provision of services in another Contracting State of the European Economic Area, certifying that
1.
is lawful as a "Diätassistentin" or "Diätassistent" (Diätassistent) , and are not allowed to perform their activities, even temporarily, are prohibited,
2.
on the performance of the activities in question
§ 1 (2) sentence 3 shall apply accordingly. Non-official table of contents

§ 8b

The competent authorities are entitled to apply for each service provision from the competent authorities of the The Member State of establishment shall require information on the lawfulness of the establishment and the absence of professional disciplinary or criminal sanctions. At the request of the competent authorities of a Contracting State of the European Economic Area, the competent authorities in Germany shall have all the information concerning the legality referred to in Article 56 of Directive 2005 /36/EC of the requesting authority. the establishment and good management of the service provider, as well as information on the absence of professional disciplinary or criminal sanctions. Non-official table of contents

§ 8c

Diätassistentinnen or Diätassistenten within the meaning of § 8a have in the scope of the provision of the service in the scope of application this law the rights and obligations of persons with a permit pursuant to § 1 para. 1. If these obligations are infringed, the competent authority shall immediately inform the competent authority of the Member State of establishment of that service provider hereof.

Section 3
responsibilities

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§ 9

(1) The decision to grant permission in accordance with § 2 para. 1 the competent authority of the country in which the applicant has taken the examination.(2) The decision on the settlement of an education in accordance with § 7 shall be taken by the competent 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 accept the competent authority of the country in which the service is to be provided or has been provided. 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 in accordance with Section 8a (4) shall issue the competent authority of the country in which the applicant pursues the profession of the dietitian.

Section 4
fines regulations

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§ 10

(1) Administrative Offences, who, without permission pursuant to § 1, the professional title" Diätassistentin "or" Diätassistent " .(2) The administrative offence may be punished with a fine of up to two thousand five hundred euros.

Section 5
Transitions and Final Provisions

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§ 11

(1) One pursuant 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 June 2009. February 1993 (BGBl. 278), permission granted shall be deemed to be a permission in accordance with § 1.(2) A permit issued in accordance with the rules of the German Democratic Republic shall be deemed to be a "dietician" or "dietician" as a permit in accordance with § 1.(3) Training commenced prior to the entry into force of this Act as "Diätassistentin" or "Diätassistent" shall be completed in accordance with the provisions currently in force. After completion of the training, if the conditions of § 2 (1) (2) and (3) are fulfilled, the applicant will be granted a permit in accordance with § 1.(4) A training commenced prior to the entry into force of this Act under the rules of the German Democratic Republic as "Diätassistentin" or "Diätassistent" shall be concluded in accordance with 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. Non-official table of contents

§ 12

For reshuffles with a completed education in a medical profession, the training may be completed on request. in accordance with § 4 sentence 1 by six months, after at least three years of activity in the learned profession for a further six months, if at least the condition of § 5 No. 1 is fulfilled and the implementation of the training and the attainment of the The training objective is not jeopardised by this. The first sentence shall apply only to retraining courses which are to be carried out up to 31 December 2013. The report will be launched in December 2000. § 7 shall remain unaffected. Non-official table of contents

§ 13

Schools that train dieticians and receive state recognition prior to the entry into force of this law , shall continue to be deemed to be state-recognised in accordance with § 4, unless the recognition is withdrawn.