Law on the profession of orthoptist and orthopaedist (orthopaedist law-orthoptG)

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OrthoptG

Date of completion: 28.11.1989

Full quote:

" Orthoptist Act of 28 November 1989 (BGBl. 2061), as last amended by Article 54 of the Law of 6 December 2011 (BGBl. 2515).

Status:

Last amended by Art. 54 G v. 6.12.2011 I 2515

For more details, please refer to the menu under Notes

Footnote

(+ + + Text evidence from: 6.12.1989 + + +) 
(+ + + Changes due to EinigVtr cf.  § 11a + + +) 

  

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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) Who wants to lead the professional title "Orthoptist" or "Orthoptist" requires permission. (2) Orthoptists, who are nationals of a Contracting State of the European Economic Area, carry out the professional title after (1) within the scope of this Act without authorization, provided that they exercise their professional activities as temporary and occasional services within the meaning of Article 50 of the EC Treaty within the scope of this Act. However, they are subject to the obligation to notify and to check in accordance with this law. The same applies to third countries and to third country nationals, as far as the recognition of qualifications under the law of the European Communities provides for equality. Unofficial table of contents

§ 2

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

1.

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

2.

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

3.

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

4.

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

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

1.

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

2.

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

3.

the Member State which has recognised the training, attests to this professional experience or, if the training of applicants does not differ significantly from that in this Act and in the Training and Examination Regulation for Orthopaedist and orthopaedist controlled 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 is to be found. This evidence shall be verified by an examination of the content of the state final examination, or a maximum of three years An adaptation period, which concludes with an examination of the content of the adaptation period. Applicants shall have the right to choose between the proficiency test and the adaptation period. (3) For applicants who wish to seek permission in accordance with Article 1 (1), the condition set out in paragraph 1 (1) shall be deemed to have been fulfilled if from one in a the other Contracting State of the European Economic Area certify that the holder has acquired an education required in that State for direct access to a profession corresponding to the profession of orthopaedist 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 orthopatist, or prepare for the exercise of the profession of orthopaedist. The second sentence shall also apply to professional qualifications which, although they do not meet the requirements of the laws, regulations or administrative provisions of the home Member State for the taking up or pursuit of the profession of orthopaedist, 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 Orthoptist Training and Examination Regulations,

3.

The profession of orthopaedist includes one or more regulated activities which are not part of the profession of orthopatist in the Member State of origin of the applicant, and where that difference in a specific training , which is required under this Act and the Training and Examination Regulation for orthopaedists and orthopaedists and refers to subjects which differ substantially from those covered by the evidence of formal qualifications, the the applicant submits, or

4.

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

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

§ 2a

(1) The competent authorities of the country in which the profession of orthopatist is 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 Member States receive information from the competent authorities of host Member States which might have an impact on the profession of orthopaedist, they shall examine 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.

II. Section
Training

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§ 3

The training should enable the profession to participate, in particular in the prevention, diagnosis and therapy of disorders of one-and both-eyed vision in the case of Schieldiseases, impaired vision and eye tremors, in particular in the prevention, diagnosis and therapy of disorders of the occupational health and safety of the eye. (training target). Unofficial table of contents

§ 4

The training consists of theoretical and practical instruction and a practical training. It is taught by state-approved schools for orthopaedists at hospitals. The training concludes with the state examination and lasts three years. Unofficial table of contents

§ 5

The prerequisite for access to training is:

1.

health fitness for the exercise of the profession and

2.

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

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§ 6

The duration of the training shall be counted

1.

Holidays,

2.

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

At the request, any additional absences may be taken into account, provided that there is a particular hardship and that the training objective is not endangered by the credit transfer. Unofficial table of contents

§ 7

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

§ 8

(1) The Federal Ministry of Health is authorized, in consultation with the Federal Ministry of Education and Research, by means of a law regulation with the consent of the Federal Council in a training and examination regulation for orthopaedists and orthopaedics. Orthopaedists to regulate the minimum requirements for the training, the further examination of the state examination and the certificate for the permission in accordance with § 1. The legal regulation provides that, in the case of admission to the state examination, training acquired outside the training period, corresponding to certain requirements, must be proven in the first aid. (2) In the regulation according to the law Paragraph 1 shall be settled for holders of evidence of formal qualifications who request a permit pursuant to section 2 (1) in connection 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 Article 8a of this Act,

5.

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

(3) 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

§ 8a

(1) Nationals of a Contracting State of the European Economic Area, who are nationals of an orthopaedic person 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 orthopaedist 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,

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

1.

Proof of nationality,

2.

Proof of professional qualifications,

3.

Certificate of legal establishment in the profession of orthopatist in another Member State, which also extends to the fact that the service provider does not carry out his duties at the time of the presentation of the certificate, including , or, in the case of the first sentence of the first sentence of paragraph 1, proof in any form that the service provider has an activity corresponding to the profession of orthopaedist during the previous ten years, at least two years have long been legally practiced.

The knowledge of the German language required for the performance of the service must be available. The competent authority shall, in the case of the initial provision of services, examine the professional qualification certificate referred to in the first sentence of 1 (2). § 2 (3) applies accordingly, with the proviso that for substantial differences between the professional qualification of the service provider and the according to this Act and the Training and Examination Ordinance for Orthoptists and If the differences are so large that without proof of the lack of knowledge and skills the public health would be at risk, compensatory measures can only be required. 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 Act, have the profession of orthopaedist on the ground apply for the purposes of the provision of services in another Contracting State of the European Economic Area on request for the purposes of the provision of services in another Contracting State of the European Economic Area,

1.

they are legally established as "orthoptist" or "orthoptist" and are not prohibited from carrying out their activities, even temporarily,

2.

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

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

§ 8b

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

§ 8c

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

III. Section
Responsibilities

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§ 9

(1) The decision in accordance with § 1 (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 according to § 7 shall be taken by the competent authority of the country in which the (3) The notification in accordance with § 8a (2) and (3) accepts 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 orthopatist has been exercised or was last pursued. The information of the home Member State pursuant to Section 8c shall be provided by the competent authority of the country where the service is provided or has been provided. The certificates referred to in § 8a (4) shall be issued by the competent authority of the country in which the applicant exercises the profession of orthopaedist.

IV. Section
Fines

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§ 10

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

V. Section
Transitional provisions

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§ 11

(1) A state recognition granted on the basis of the provisions referred to in § 13 sentence 2 as an "orthoptist" or "orthoptist" shall be deemed to be a permit in accordance with § 1. (2) An education which before the entry into force of this law on the basis of national law shall apply. Provisions shall be concluded in accordance with these provisions. In such cases, recognition shall also be granted in accordance with these provisions. (3) Those who have completed training as "orthoptist" or "orthoptist" equivalent to the training provided for under this law shall be concluded before the entry into force of this law; or (4) If the conditions of § 2 (1) (2) and (3) are fulfilled, the conditions of § 2 (1) (2) and (3) shall be granted upon application. (4) If the examination is valid for a minimum of five years, the following shall be valid for the period of time of the entry Treatment of visual impairment, brain disease and nystagmus has been performed, in the case of the conditions set out in § 2 (1) (2) and (3), the permission shall be granted in accordance with § 1 if, within five years of the entry into force of this Act, it shall lay down the state examination under this Act. Unofficial table of contents

§ 11a

(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 an orthopaedist or orthopaedist or a permission granted to such a permit shall be deemed to be a permit in accordance with § 1. (2) A territory referred to in Article 3 of the Unification Treaty before 1 September 1991 Training as an orthopaedist or orthopaedist can be completed in this area according to 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.

VI. Section
Final provisions

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§ 12 (omitted)

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§ 13

This law shall enter into force with the exception of § 8 on 1 January 1990. At the same time, there is no

1.

the Regulation on Vocational Training for Orthopaedist/Orthoptist of 18 January 1983 (Hamburgisches Gesetz-und Regublatt Part I, p. 17),

2.

The provisions of the Hessian Minister of Social Affairs on the training, examination and state recognition of orthopaedists of 19 September 1980 (State Gazette for the Land of Hesse, p. 1907),

3.

the Runderlaß of the Minister of the Interior of the State of North Rhine-Westphalia on the training, examination and state recognition of orthopatists of 8 August 1967 (Ministerial Gazer for the Land of North Rhine-Westphalia, p. 1528),

4.

the Decree of the Saarland Minister for Labour, Health and Social Order on the Training, Examination and State Recognition of Orthoptists of 7 February 1977 (Saarland's Joint Ministerial Gazer p. 158).

§ 8 shall enter into force on the day after the announcement.

Footnote

§ 13 Sentence 2 italics: repeal of national law