Law On The Profession Of The Occupational Therapist And The Occupational Therapists

Original Language Title: Gesetz über den Beruf der Ergotherapeutin und des Ergotherapeuten

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Law on the profession of occupational therapist and occupational therapist (Ergotherapeutengesetz-Ergotherapeutengesetz-ErgThG)

Non-official table of contents

ErgThG

Date of issue: 25.05.1976

Full quote:

" Ergotherapeutengesetz vom 25. May 1976 (BGBl. 1246), as last amended by Article 50 of the Law of 6. December 2011 (BGBl. I p. 2515) "

:Last modified by Art. 50 G v. 6.12.2011 I 2515

For details see the Notes

Footnote

(+ + + text evidence from: 1.1.1977 + + +)
menu
(+ + + changes) on the basis of EinigVtr, see § 8a + + +)

Heading: IdF d. Article 8 (1), in accordance with d. Art. 10 and 11 G v. 16.6.1998 I 1311 (PsychThG/SGB5uaÄndG) mWv 1.1.1999 Non-official table of contents

introductory formula

The Bundestag, with the consent of the Bundesrat, has the following law:

I. Section
Permission

Non-official table of contents

§ 1 

(1) If you want to carry out an activity under the professional title "Ergotherapeutin" or "Ergotherapeut", you need to be allowed to do so.(2) Ergotherapists who are nationals of a Contracting State of the European Economic Area shall apply the professional title referred to in paragraph 1 within the scope of this Act without their permission, provided that they are engaged in 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) A permission in accordance with § 1 will be granted if the applicant
1.
After a three-year training, the state examination for ergotherapists passed
2.
has not found itself guilty of conduct that results in the unreliability of 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 sentence 1 shall be recognised if
1.
Applicants must submit evidence of formal qualifications, which indicates that they have already been recognised as an ergotherapist or an ergotherapist in another Contracting State of the European Economic Area,
2.
they have three years of occupational experience in ergotherapy in the territory of the Member State that has recognised the evidence of formal qualifications and
3.
the Member State that has acknowledged the training, certifies this work experience or if the training of applicants does not differ significantly from the training provided in this Law and the Ergotherapeuten-Training and Examination Ordinance.
(3), Section 5, points 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 proficiency must be demonstrated. This proof shall be provided by a proficiency test covering the content of the state final examination, or a maximum three-year adaptation period, which shall conclude 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 an education which is required in that State for direct access to a profession corresponding to the profession of occupational therapist. 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 occupational therapist, or prepare for the exercise of the occupational therapist's profession. 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 occupational therapist, 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.
its proven training duration at least one year under the law of this law training duration,
2.
their training is related to subjects that differ significantly from those obtained by training under this law and by the Occupational therapy and examination regulations are required,
3.
the profession of occupational therapist comprises one or more regulated activities that are regulated in the the Member State of origin of the applicant is not a part of the profession corresponding to the occupational therapist, and if that difference exists in a special training which is carried out in accordance with this Act and the occupational therapy training and training programmes, and In the case of subjects which differ significantly from those covered by the evidence of formal qualifications presented by the applicant, 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 in which the profession of occupational therapist is practised or last exercised , 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 effect on the profession of occupational therapist, they shall verify the accuracy of the facts, are in a position to 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). 1 of Directive 2005 /36/EC requires a report to be forwarded to the Commission. Non-official table of contents

§ 3

(1) The permission is to be withdrawn if the condition of the grant is not required in accordance with § 2 para. 1 no. 2 , the state examination did not exist or the training in accordance with § 2 para. 2 was not completed. The permission may be withdrawn if, in the case of its grant, one of the conditions pursuant to section 2 (1) (3) has not been fulfilled.(2) The permission shall be revoked if the condition pursuant to section 2 (1) no. 2 has subsequently fallen away.(3) The permission may be revoked if one of the conditions pursuant to § 2 para. 1 no. 3 has subsequently been omitted.(4) Non-official table of contents

§ 4

(1) The training under this law is carried out at state-approved schools for ergotherapists.(2) For training purposes, it is admitted who has completed a completed secondary school education, another equivalent training or a vocational training course lasting at least two years after the completion of the main school.(3) The duration of the training shall be counted as follows:
1.
Breakdown by holiday and
2.
Interruptions due to pregnancy, illness or other reasons not to be represented by the trainee up to the total duration of twelve Weeks.
(4) The competent authority may, at the request of another training, count on its equivalence to the training of ergotherapists if the implementation of the training and the attainment of the training objective is thereby achieved. will not be jeopardised. A training as a physiotherapist or a physiotherapist or a training as an educator, completed in accordance with federal legislation, is to be considered as an educator with at least one year.(5) The countries referred to in paragraph 1 may be used for the testing of training courses designed to further develop the occupational therapist's profession, taking into account the occupational field-specific requirements as well as modern occupational pedagogical findings. differ. Deviations from the Ergotherapeuten-Training and Examination Ordinance are only admissible if they concern the theoretical and practical teaching in § 1 (1) and Annex 1 (A) of the Regulation. In addition, the Regulation shall remain unchanged with the proviso that the institution shall be replaced by the school. The testing must not jeopardize the achievement of the training target. The compatibility of the training with Directive 2005 /36/EC should be ensured.(6) Objectives, duration, nature and general requirements for the design of the pilot projects, as well as the conditions for participation, must be defined by the countries concerned. Each country shall ensure the scientific monitoring and evaluation of the pilot projects with a view to achieving the objectives. This is done on the basis of guidelines, which the Federal Ministry of Health is responsible for up to 30 years. November 2009 in the Federal Gazette (Bundesanzeiger).(7) The Federal Ministry of Health shall be reimbursed to the German Bundestag by 31 December 2015. December 2015 on the results of the pilot projects referred to in paragraph 5. The third sentence of paragraph 6 shall apply accordingly. The Länder shall transmit to the Federal Ministry of Health the results of the evaluation required for the preparation of this report. Non-official table of contents

§ 5

(1) The Federal Ministry of Health regulates by means of a decree law with the consent of the Federal Council in a Training and examination regulations for ergotherapists the minimum requirements for the training, the further information on the state examination and the certificate for the permission in accordance with § 1. The regulation provides for the trainee to take part in theoretical and practical training and in practical training during the course of the training. The Regulation provides that, in the case of admission to the State examination, the pupil must be able to provide first aid training acquired outside the training programme and corresponding to certain requirements.(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 § 5a of this Act,
5.
the regulations on the implementation and content of the Adaptation measures pursuant to § 2 (2) sentence 5.
(3) deviations from the rules of the administrative procedure provided for in paragraphs 1 and 2 as well as of the legal regulation issued on this basis are excluded by national law. Non-official table of contents

§ 5a

(1) The nationals of a Contracting State of the European Economic Area who are responsible for the exercise of the profession of Ergotherapists in another Contracting State of the European Economic Area on the basis of a training completed in accordance with German legislation or on the basis of a training certificate corresponding to the requirements of § 2 (3) are authorized and
1.
which are lawfully established in a Member State or,
2.
if the profession of occupational therapist or training in this profession is not regulated in the Member State of establishment, this profession during the have been lawfully exercised in the Member State of establishment for a period of at least two years,
may, as a service provider within the meaning of Article 50 of the EC Treaty, temporarily and occasionally fall within the scope of its occupation of this law. 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, however, a corresponding measure in the absence of a German professional permit shall be granted. shall not be able to 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 certified in the documents submitted to date, the service provider shall submit the following certificates: style="font-weight:normal; font-style:normal; text-decoration:none; ">
1.
Certificate of Nationality,
2.
Professional Qualification Certificate,
3.
Certificate of legal establishment in the profession of An ergotherapist in another Member State, which also extends to the fact that the service provider does not, even temporarily, is prohibited from carrying out his duties at the time of the presentation of the certificate, or in the case of paragraph 1 1 No 2, proof in any form that the service provider has been legally engaged in an activity corresponding to the profession of occupational therapist for at least two years during the previous 10 years.
Knowledge of the German language required to perform 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). Section 2 (3) shall apply mutagenly, provided that there are substantial differences between the professional qualification of the service provider and the requirements of this Act and the Ergotherapeuten-Training and Examination Ordinance. Training compensatory measures may only be required 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 occupational therapist under the scope of this Act on the basis of a licence pursuant to Article 1 (1) shall be subject to application for the purpose of providing services. in another Contracting State of the European Economic Area, to issue certificates that
1.
they are legally established as "Ergotherapeutin" or "Ergotherapeut" and are not allowed to perform their activities, even temporarily,
2.
they have the professional qualifications required to carry out the activity in question.
§ 1 (2) sentence 3 shall apply accordingly. Non-official table of contents

§ 5b

The competent authorities are entitled to apply for any provision of services by 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

§ 5c

Ergotherapists within the meaning of § 5a have in the scope of application of the service this law the rights and obligations of persons with a permit pursuant to § 1 para. 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.

II. Section
responsibilities

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§ 6

(1) The decisions pursuant to § 2 para. 1 shall be taken by the competent authority. Authority of the country in which the applicant has taken the examination.(2) The decision on the settlement of an education pursuant to § 4 para. 4 shall be taken by the competent authority of the country in which the applicant wishes to take part in an education.(3) The Land Government shall determine the authorities responsible for the implementation of this Act.(4) The notification in accordance with Section 5a (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 § 5b sentence 1. The information referred to in the second sentence of § 5b shall be transmitted by the competent authority of the country in which the profession of occupational therapist has been exercised or was last pursued. Information shall be provided to the home Member State in accordance with Article 5c by the competent authority of the country in which the service is provided or has been provided. The certificates referred to in § 5a (4) shall be issued by the competent authority of the country in which the applicant is engaged in the profession of occupational therapist.

III. Section
Fines

unofficial table of contents

§ 7

(1) is an order that is illegal, who is
1.
without permission in accordance with § 1 the professional title "Ergotherapeutin" or "Ergotherapeut",
2.
without permission in accordance with § 8 (2) sentence 1 the professional title "occupational therapist", "occupational therapist", "employment and work therapist (occupational therapist)" or "Employment and occupational therapist (ergotherapist)" or
3.
contrary to § 9 (3) sentence 2, the professional title "Employment and occupational therapist" or "Occupational and occupational therapist"
(2) The administrative offence can be punished with a fine of up to two thousand five hundred euros.

IV. Section
Transitional rules

Non-tampering table of contents

§ 8

(1) As a permit within the meaning of § 1, the following applies:
1.
a state recognition granted on the basis of the provisions referred to in § 10 "occupational therapist" or "occupational therapist",
2.
one by a certificate of examination and recognition of the Higher School of Employment and Occupational therapy (ergotherapy) of the state capital of Munich prior to the entry into force of this Act or after the entry into force of this Act on the basis of a qualification commenced before its entry into force as " employment and Occupational therapist (occupational therapist) "or" Employment and occupational therapist (ergotherapist) " and
3.
one by a certificate of examination and recognition of the urban Recognition as an "occupational therapist" or "occupational therapist".
(2) A recognition referred to in paragraph 1 shall also be considered as a permit, instead of the professional title referred to in § 1 of the continue to be recognised as a result of the recognition of the professional title. § 3 shall apply accordingly.(3) (4) unofficial table of contents

§ 8a

(1) One before the 1. September 1991, on the basis of the order on the state permit to exercise the medical, pharmaceutical and social professions and skilled workers ' occupations of 7. August 1980 (GBl. 254), permission granted as a working therapist or a work therapist or a permission granted to such a permit shall be deemed to be a permit in accordance with § 1.
(2) One before the 1. In the area referred to in Article 3 of the Agreement, training as a occupational therapist or occupational therapist may be completed in this area in September 1991 in accordance with the rules in force there. 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.

V.
Final Provisions

Unofficial Table of Contents

§ 9

(1) A permit issued prior to the entry into force of this Act as an" Employment and Labor Therapist " or as a "Employment and occupational therapist" shall be considered as a permit in accordance with § 1.(2) Persons who, before the entry into force of this law, have begun training as "employment and work therapists" or "employment and occupational therapist" shall be granted a permit in accordance with § 1 after completion of their training, if the The requirements of § 2 (1) no. 2 and 3 are fulfilled.(3) Employment and occupational therapists who have a permit in accordance with the Employment and Employment Therapy Law may continue the professional title. Except in the case of the first sentence, the professional title "Employment and occupational therapist" or "employment and occupational therapist" shall not be allowed to be carried out. Non-official table of contents

§ 10

§ 4, paragraphs 5 to 7, occurs on 31. December 2017, out of force. Training in accordance with § 4 (5), before the 31. In December 2017, it will be completed under this rule.