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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Read the untranslated law here: http://www.gesetze-im-internet.de/di_tassg_1994/BJNR044610994.html

Law on the profession of dietician and dieticians (article 1 non-system laws like on access to other health of the Act on professions of dietician and efad and Amen thing various care professionals) (dietician law - DiätAssG) DiätAssG copy date: 08.03.1994 full quote: "dietician Act of has been amended 8 March 1994 (Federal Law Gazette I, p 446th you), last amended by article 48 of the Act of 6 December 2011 (Federal Law Gazette I p 2515th)"status " : last amended by article 48 G v 6:12... 2011 I 2515 for details on the status information you can find in the menu under instructions footnote (+++ text detection: 1. 6.1994 +++) the G has been adopted by the Bundestag with the consent of the Federal Council. It is accordance with sentence 1 of its article 6 para. 1 entered into force on 1.6.1994. Article 1, section 8 is acc. Article 6 para. 2 entered into force on the day following promulgation. Section 1 permits § 1 (1) anyone title "dietitian" or "dietitian" wants to use the who, with permission. dieticians and nutritionists who are nationals of a state party to the European economic area (2), the occupation cause pursuant to paragraph 1 in the scope of this Act without permission, provided that it as temporary and occasional service within the meaning of article 50 of the EC Treaty in their career scope of this mentioned law. However, they are subject to mandatory reporting and investigation under this Act. The same nationals, in so far as there is on equality with regard to the recognition of qualifications under the law of the European communities applies to third countries and third-country. Section 2 (1) the authorization referred to in paragraph 1 must be issued upon application, if the applicant 1 completed the prescribed training and passed the state examination has (§ 4), 2nd emergency has been guilty of behavior guilty, yields from the Skifahren to practice, 3 emergency in terms of health to exercise the profession is unsuitable and 4 have the necessary for the exercise of professional activity knowledge of German. (2) acquired outside the scope of this Act completed training fulfills the requirements of paragraph 1 no. 1, if the equivalence of the level of training is given. In the assessment of the equivalence of the level of training the studies undertaken in other countries training courses or acquired in other countries experience are included. The equivalence of the education level in the sense of sentence 1 shall be recognized if: 1 the applicant submit evidence of formal qualifications, from which it follows that they have already been recognized in another Contracting State of the European economic area as a dietitian or dietician, 2. they have three years of professional experience the of in the diet assistant in the territory of the Member State which has recognized evidence of formal qualifications , have and 3. The Member State which has recognized the training, attesting to professional experience or the training of the applicant no significant differences with respect to the and in this Act and in the training including examination regulation for efad and nutritionists regulated training. Paragraph 3, clause 5, point 1 to 4 shall apply mutatis mutandis. If the equivalence of the level of training is not given pursuant to sentences 1 to 3 or on examination of the equivalence of the level of training possible only with inappropriate temporal or material expenses because the necessary documents and evidence for reasons that do not lie in the person of the applicant, of this can not be presented to prove is at equivalent level of knowledge. This proof shall be furnished by a test knowledge, which extends to the contents of the state final exam, or a maximum three-year adaptation period, which concludes with on examination of the content of the adaptation period. Ultra-delicate have the right to choose test between the knowledge and period of adaptation. (3) for applicants seeking a license according to § 1 para. 1, the requirement of paragraph 1 shall apply no. 1 to be met if Lakes from acquired that diploma in another state party to the European economic area the holder has acquired on education, the relevant profession is required in that State for the immediate access to the profession of dietician. Diplomas within the meaning of this Act are qualifications in structures with article 3 para. 1 letter 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. EU no. L 255, p. 22, 2007 # L 271 p. 18) in its current version, the corresponding levels referred to in article 11 letter c or point d directive. Sentence 2 therefore applies to evidence of formal qualifications or set of evidence of formal qualifications responsible by a competent authority in a Member State, provided that they attest acquired in the community completed training, were recognized by that Member State as equivalent and the profession give in respect of, or to exercise of represented same for the pursuit of the profession rights or prepares of represented. Sentence 2 therefore applies to professional qualifications, which do not comply with the requirements of laws, regulations or administrative provisions of its home Member State or the exercise of the profession of represented, confer on the proprietor but acquired under the law of the home Member State's rights under their relevant rules. Ultra-delicate of with a training certificate from a state party to the European economic area have to complete a maximum three-year adaptation period or take on aptitude test if: 1. their formal training period at least one year shorter than that provided for in this Act training duration, 2. their training relates to subjects who differ materially from those that are prescribed by the training under this Act and the training and examination regulation for efad and nutritionists , 3. the profession of dietician comprises one or more regulated activities which are not part of the corresponding to the dietician in the home Member State of the applicant profession are, and that difference consists in specific training which is required under this Act and the training and examination regulation for efad and nutritionists, and relates to subjects which differ substantially from those covered by the evidence of formal qualifications , the supplies, or 4 if the applicant their training certificate to certify only one training on the article 11 letter b of the directive mentioned level and their proven professional experience, regardless of the country in which it what is purchased, not for the full or partial compensation of under 1 is suitable to 4 mentioned differences. Ultra-delicate have the right to choose between on adaptation period and aptitude test. (4) paragraphs 2 to 3 shall apply to third - country diplomas, for which recognition results in equality under the law of the European communities. (5) the professional qualification determination Act does not apply with the exception of § 17th (6) the countries may agree that the tasks are carried out in structures of with paragraphs 2 to 4 a or of another country common entity. (7) the Federal Government shall review the rules on the recognition procedure under this Act and reported after the expiry of three years the German Bundestag. Section 2 (1) the competent areas of the country in which the profession of dietician is exercised or recently has been exercised, the competent areas of the home Member State shall inform about the existence of criminal penalties, on the withdrawal, revocation and ordered suspension of the permit, on the prohibition of the exercise of the activity and on facts which would justify one of these sanctions or measures; The regulations must be observed for the protection of personal data. Where the competent authorities of the countries information from the competent authorities of the host Member States which might affect the exercise of the profession of represented, to check the veracity of the circumstances, decide on the nature and scope of tests to be carried out and shall inform the host Member State of the conclusions, the to be drawn from the information available. Countries can determine common bodies performing the tasks according to the Council. 1 and 2 (2) the Federal Ministry of health shall, after release of the countries the authorities and bodies which are responsible for issuing or receipt referred to in the Directive 2005/36 / EC certificates of training and other documents or information, and the authorities and bodies, the accept applications and can make the decisions that are related to this directive. It shall immediately inform the other Member States and the European Commission. (3) the respect of the decisions under this Act competent authorities and bodies shall provide the Federal Ministry of health statistical statements about the decisions taken, which requires the European Commission for the report required under article 60 para. 1 of Directive 2005/36 / EC, the forwarding to the Commission. Section 2 § 3 training the training is intended to provide in structures with the tasks of the profession in particular the knowledge, skills and abilities that the autonomous implementation diet therapy and nutritional medical measures on doctor's orders or under medical prescription such as creating diet plan, scheduling, calculating and producing empower scientifically recognized diets and to cooperate in the prevention and treatment of diseases and perform therapeutic nutritional advice and training (educational goal). § 4 the training lasts three years and consists of theoretical and practical lessons and practical training. It is mediated by state-approved schools and concludes with the state exam. Schools that are not set up at a hospital, the practical training shall ensure, under a scheme with a hospital or other suitable medical facilities. § 5 a condition of access to education is 1 medical fitness to practice and 2. the college degree or equivalent training or other completed ten years of schooling, which extends the main school, or completed after high school degree or its equivalent professional training of at least two years' duration. § 6 (1) on the duration of the training will be credited 1 holiday 2. interrupt production caused by pregnancy, illness or other, of the student or the student for reasons beyond to the total duration of twelve weeks, with 36ms training according to § 7 up to maximum of four weeks per year of training. At the request so beyond absenteeism can be taken into account if a particular hardship exists and the training objective is not jeopardized by the credit. (2) paragraph 1 shall not apply to the length of training in the hospital according to § 8 para. 3 § 7 the competent authority may deduct a different training in the scope of their equivalence to the period of training at the request if the implementation of the training and achievement of the training objective are not jeopardized. Article 8 (1) the Federal Ministry of health is empowered, in consultation with the Federal Ministry of education and research by ordinance approved by the Federal Council in a training and examination regulation for efad, the minimum requirements for the training, the more on the state exam and certificate settle for the license according to §. 1 (2) of the ordinance referred to in paragraph 1 is for holders of qualifications, applying for a license pursuant to § 2 para 1 in conjunction with § 2 para 3 or 4 to control:... 1. the method in examining the requirements of § 2 para. 1 no. 2 and 3, in particular the presentation of the evidence submitted by the applicant and the determination by the competent authority in structures with article 50 para. 1 to 3 in conjunction with annex VII to Directive 2005/36 / EC, 2. the obligation of training certificate holders, in structures with article 52 para. 1 of Directive 2005/36 / EC to exercise the is professional title of the host Member State and use of any associated initials, 3. time limits for the granting of licenses, 4 the procedure on the conditions for the provision of services in structures with § 1 para. 2 so provided in conjunction with § 8A of this Act, 5. the arrangements for implementation and content of the adaptation measures according to section 2 paragraph 2 sentence 5 (3) is in the ordinance that the student after within the practical training section 4 be made for a period of six weeks in hospitals with the necessary workflows there familiar and practically trained in such performances and skills of nursing , which are for the professional activity of importance. (4) work are excluded from the provisions contained in paragraphs 1 to 3 and the order adopted on the basis of the administrative procedure regulations by state law. Section 2a provision of services article 8 a (1) nationals of a Contracting State of the European economic area which to pursue the occupation of represented in another Contracting State of the European economic area on the basis of a completed under German legislation training or pursuant to a the requirements of § 2 para. 3 corresponding training certificate shall be entitled and 1 that are legally established in a Member State or, 2 if the profession of dietician or the training leading to the profession is not regulated in the Member State exercised this profession during the previous ten years at least two years in the Member State of lawful who may exercise as a service within the meaning of article 50 of the EC Treaty temporary and occasional their profession in the scope of this Act. The temporary and occasional nature of the provision of services is assessed on individual base. In assessing the duration, frequency, regularity and continuity of service are to be included. The authorization pursuant to sentence 1 shall not apply if the conditions for withdrawal or a revocation, which relate to the offenses specified in § 2 para. 1 no. 2 or no. 1 para 3 are present, in appropriate measure for lack of German occupation permit but can not be adopted, §. 2 sentence 3 applies accordingly. (2) any person who wishes to provide services referred to in paragraph 1, it must notify the competent authority in advance. The notification shall be in writing. They must be renewed once a year if the service provider intends to provide temporary and occasional services in the scope of this Act during that year. (3) in the first message of the service is provided or in case of significant changes with respect to the certified in the documents submitted so far situation of the service provider shall provide the following certificates: 1. proof of nationality, 2. evidence of professional qualifications, 3. receipt of legal establishment in the profession of dietician in another Member State, which thus extends to the fact that the service to pursue his activity emergency that is not even temporarily, at the time of submission of the certificate, or in the case of paragraph 1 sentence 1 no. 2 evidence, any means, that the service provider has pure South the corresponding profession of dietician activity during the previous ten years at least two years lawful. The qualifications required for appointment of service German language skills must be. The competent authority shall, in the case of the first performance the evidence of professional qualifications in structures with sentence 1 no. 2 after. § 2 para. 3 shall apply mutatis mutandis with the proviso that should only be required for major differences between the professional qualifications of the service provider and the disclosures required by this Act and the training and examination regulation for efad and nutritionists training countervailing measures, if the differences are so great that no evidence of the lack of knowledge and skills to public health would be star. The compensation of the lack of knowledge and skills to take the form of test of aptitude. (4) nationals of a Contracting State of the European economic area, economic activity in the scope of this Act to the profession of dietician due to a license pursuant to § 1 para. 1 are issued upon application, for the purposes of providing services in another state party to the European economic area-certificates stating that 1 you are legally established as "dietitian" or "dietitian" and you can not, even temporarily, prohibits the exercise of their activities, 2 they have the necessary for the exercise of the relevant activity professional qualifications. § 1 para. 2 sentence 3 applies accordingly. section 8 b the competent areas are entitled to ask about it for any performance by the competent authorities of the Member State information on the legality of the establishment and that no job-related disciplinary or criminal sanctions. At request the of the competent areas of a State party to the European economic area, the competent authorities in Germany under article 56 of Directive 2005/36 / EC of the requesting authority any information on the legality of the establishment and his good conduct of the service provider and information that no job-related disciplinary or criminal sanctions, to transmit. § 8c dieticians or dietitians within the meaning of § 8a have in the provision of services within the scope of this Act, the rights and obligations of persons with a license according to § 1 para. 1 of a violation of these obligations, the competent authority, the competent authority shall immediately to inform the Member State of establishment of this service provider about this. Section 3 responsibilities of section 9 (1) the decision to grant the authorization referred to in § 2 para. 1, the competent authority of the country where the applicant has passed the exam. (2) the decision on the recognition of a training pursuant to § 7, the competent authority of the country in which the applicant wants to participate in on education or participates. (3) the announcement according to section 8a of the para. 2 and 3, the competent authority of the country contrary, where the service is to be provided or has been provided. She requests the information pursuant to § 8 b sentence 1 above. The information in repealed with § 8B sentence 2 are received by the competent authority of the country where the profession of dietician is exercised or recently has been exercised. The notification to the home Member State in last with sec. 8c is carried out by the competent authority of the country in which the service is provided or has been provided. The certificates referred to in paragraph 8a of the para. 4 of the competent authority of the country in which the applicant carries out the profession of dietician. Section 4 defines § 10 (1) of the administrative offense pocket, who leads without permission in structures with § 1, the professional title "dietitian" or "dietitian". (2) the offense may be punished with a fine not exceeding two thousand five hundred euros. Section 5 transitional and final provisions article 11 (1) A according to § 1 of the law on the profession of dietician of 17 July 1973 (Federal Law Gazette I, p. 853), as last amended in structures with article 16 of regulation of 26 February 1993 (Federal Law Gazette I, p. 278) granted, permission shall constitute on authorization pursuant to § 1 (2) to order under the rules of the German Democratic Republic as permission "dietitian" or "dietitian" shall constitute an authorization pursuant to § 1 (3) A before the effective date this Act began training as a "dietitian" or "dietitian" is completed according to the hitherto applicable rules. After completion of the training, the applicant 2 and 3 a permit obtained if the requirements of § 2 para. 1 no. Are present, in structures with § 1 (4) an begun before commencement of this act according to the rules of the German Democratic Republic are recognized as a "dietician"or"dietitian"is completed according to these rules. " Upon completion of this training the applicant 2 and 3 shall, if the requirements of § 2 para. 1 no. Are present, a license pursuant to § 1 section 12 for retraining to complete her education in a medical professional may, upon request, the training in structures with § 4 1 sentence by six months, be reduced by a further six months after at least three years in the learned profession, if at least the requirements of § 5 no. 1 has been met and the implementation of training and the attainment of the educational objectives are not jeopardized. Sentence 1 shall apply only for retraining, which are started by 31 December of 2000 § 7 remain unaffected. § 13 schools that educate represented and received state recognition before commencement of this Act, shall continue to be recognized as a state in last with paragraph 4, provided that the recognition is not withdrawn.