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

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ErgThG

Date of completion: 25.05.1976

Full quote:

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

Status:

Last amended by Art. 50 G v. 6.12.2011 I 2515

For more details, please refer to the menu under Notes

Footnote

(+ + + Text evidence from: 1.1.1977 + + +) 
(+ + + Changes due to EinigVtr cf.  § 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 Unofficial table of contents

Input formula

With the approval of the Federal Council, the Bundestag has adopted the following law:

I. Section
Permission

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§ 1

(1) If you want to carry out an activity under the professional title "Ergotherapeutin" or "Ergotherapeut", you will need permission. (2) Ergotherapists who are nationals of a Contracting State of the European Economic Area, the professional title referred to in paragraph 1 shall, within the scope of this Act, carry out without authorization, 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 exercise. 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 permit in accordance with § 1 shall be granted if the applicant

1.

passed the state examination for ergotherapists after a three-year training course,

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 an ergotherapist or an ergotherapist in another Contracting State of the European Economic Area,

2.

have a three-year professional experience in occupational therapy 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, certifies this professional experience or, if the training of the applicants does not differ significantly from that in this Act and in the Ergotherapeuten-Training and Examination Regulation regulated training.

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 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) 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 an education required in that State for direct access to a profession corresponding to the profession of occupational therapist. 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 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 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 Ergotherapeuten-apprenticeship and Examination Regulations,

3.

the profession of occupational therapist 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 occupational therapist, and where that difference in a particular profession is not Training which is required under this Act and the Ergotherapeuten-apprenticeship and Examination Regulation and refers to subjects which differ significantly from those covered by the evidence of formal qualifications, which are covered by the 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

The competent authorities of the country in which the profession of occupational therapist has been pursued 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 effect on the profession of occupational therapist, 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. Unofficial table of contents

§ 3

(1) The permission shall be withdrawn if, in the case of its grant, the condition pursuant to section 2 (1) no. 2 has not been provided, the state examination did not pass, or the training pursuant to § 2 para. 2 was not completed. The permission may be withdrawn if, in the case of its grant, one of the conditions pursuant to § 2 para. 1 no. 3 has not been fulfilled. (2) The permission shall be revoked if the condition pursuant to § 2 para. 1 no. 2 has subsequently been omitted. (3) The Permission may be revoked if one of the conditions pursuant to § 2 para. 1 no. 3 has subsequently been omitted. (4) Unofficial table of contents

§ 4

(1) The training under this law is carried out at state-approved schools for ergotherapists. (2) For training purposes, those who have completed a secondary school education, another equivalent training or one after the other, are admitted to the training. (3) The duration of the training is calculated on the basis of the following:

1.

Interruptions through holidays and

2.

Interruptions due to pregnancy, illness or other reasons not to be represented by the trainee, up to a total duration of twelve weeks.

(4) The competent authority may, at the request of another training, apply to the training of ergotherapists on the scale of its equivalence if it does not endanger the implementation of the training and the achievement of the training objective. . A training as a physiotherapist or a physiotherapist completed according to federal legislation or a training as an educator, completed under national law, is to be expected at least one year. (5) For testing The countries referred to in paragraph 1 may derogate from 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. Deviations from the Ergotherapeuten-Training and Examination Ordinance are only admissible if they concern the theoretical and practical lessons in § 1 (1) and Annex 1 (A) to 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 published by the Federal Ministry of Health until 30 November 2009 in the Federal Gazette. (7) The Federal Ministry of Health shall be reimbursed to the German Bundestag by 31 December 2015. 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. Unofficial table of contents

§ 5

(1) The Federal Ministry of Health shall, by means of a regulation with the consent of the Federal Council in a training and examination regulations for occupational therapists, regulate the minimum requirements for the training, the further details 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 in the form of training acquired outside the training period. (2) In the The legal regulation referred to in paragraph 1 shall be settled for holders of evidence of formal qualifications, who request a permit pursuant to § 2 (1) in conjunction with § 2 para. 3 or 4:

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 Section 5a of this Act;

5.

the rules on the implementation and content of the adaptation measures in accordance with Article 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 adopted on this basis shall be excluded by national law. Unofficial table of contents

Section 5a

(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 occupational therapist 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 sentence 1 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 type-approval shall be granted. 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 occupational therapist 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 of the first sentence of the first subparagraph of paragraph 1, proof in any form that the service provider shall carry out an activity corresponding to the profession of occupational therapist 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). 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, within the scope of this law, apply the profession of occupational therapist 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 legally established as "ergotherapist" or "ergotherapist" 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

Section 5b

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

§ 5c

In the context of this law, ergotherapists and ergotherapists within the meaning of § 5a have the rights and obligations of persons with a permission in accordance with § 1 paragraph 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 of the country in which the applicant has filed the examination. (2) The decision on the settlement of an education in accordance with § 4 para. 4 shall be taken by the competent authority of the country in which: (3) The State Government shall determine the authorities responsible for the implementation of this law. (4) The notification in accordance with Section 5a (2) and (3) shall meet the competent authority of the country in which the service is provided. 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 exercises the profession of occupational therapist.

III. Section
Fine

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§ 7

(1) The offence is unlawful.

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 occupational therapist (occupational therapist)" or "employment and occupational therapist (occupational therapist)" or

3.

Contrary to § 9 (3) sentence 2, the professional title "Employment and Employment Therapist" or "Employment and occupational therapist"

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

IV. Section
Transitional provisions

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§ 8

(1) As a permit within the meaning of § 1, the following shall apply:

1.

a state recognition granted on the basis of the provisions referred to in § 10, as an "occupational therapist" or "occupational therapist";

2.

a certificate of examination and recognition by the Higher School of Employment and Occupational Therapy (Ergotherapie) of the City of Munich before the entry into force of this Act or after the entry into force of this Act on the basis of a He was granted recognition as an "occupational and occupational therapist (occupational therapist)" or "occupational therapist and occupational therapist (occupational therapist)", and

3.

a recognition as an "occupational therapist" or "occupational therapist" awarded by a certificate of examination and recognition of the Municipal Technical School for Employment Therapy in Munich.

(2) A recognition referred to in paragraph 1 shall also apply as a permit, instead of the professional title referred to in § 1, to continue the professional title acquired by the recognition. § 3 shall apply accordingly. (3) (4) Unofficial table of contents

§ 8a

(1) A prior to 1 September 1991, following the order of 7 August 1980 for the exercise of the medical, pharmaceutical and social workers ' professions (GBl), pursuant to the order of the State. 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) A training commenced before 1 September 1991 in the area referred to in Article 3 of the Unification Treaty, as a working therapist or occupational therapist, may be completed in this area 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. Section
Final provisions

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§ 9

(1) A permit issued prior to the entry into force of this law as an "employment and occupational therapist" or as an "employment and occupational therapist" shall be deemed to be a permit pursuant to § 1. (2) persons who, before the entry into force of this law, provide training for the "Employment and occupational therapists" or "employment and occupational therapist" have begun to receive a permit according to § 1, if the conditions of § 2 (1) (2) and (3) are fulfilled. (3) Employment and work therapists who have a permit after the employment and The occupational designation may continue with the law of the occupational therapist. 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. Unofficial table of contents

§ 10

Section 4 (5) to (7) shall not enter into force on 31 December 2017. Training in accordance with § 4 (5), which has been started before 31 December 2017, shall be completed under this rule.