Law on the profession of the Podologist and the Podologue (Podologengesetz-PodG)

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PodG

Date of completion: 04.12.2001

Full quote:

" Podologengesetz vom 4. Dezember 2001 (BGBl. 3320), most recently by Article 56 of the Law of 6 December 2011 (BGBl). 2515).

Status:

Last amended by Art. 56 G v. 6.12.2011 I 2515

For more details, please refer to the menu under Notes

Footnote

(+ + + Text proof: 2.1.2002 + + +) 

  

The G was enacted as article 1 of the G 2124-22/1 v. 4.12.2001 I 3320 of the Bundestag with the consent of the Bundesrat. It's gem. Article 20 of this Act entered into force on 2.1.2002. Rules which authorise the adoption of legal regulations entered into force on 8 December 2001.

Section 1
Permission

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§ 1

(1) Who wants to lead the professional title "Podologist" or "Podologist" requires permission. The term "medical foot nurse" or "medical foot nurse" may only be referred to by persons with a permit according to sentence 1 or an entitlement or state recognition pursuant to § 10 para. 1. (2) Podologinnen and Podologen, die 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 permission, provided that they are engaged in their professional activities as temporary and occasional Service within the meaning of Article 50 of the EC Treaty within the scope of this Apply the law. 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 sentence 1 shall be granted on request if the applicant

1.

that the prescribed training has been completed and that the state examination has passed,

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 a podologist or a podologist in another State Party of the European Economic Area,

2.

have a three-year professional experience in the field of podology 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 Podolologist and podologist 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 certificate attests to the fact that the holder has acquired an education which, in that State, provides for direct access to a profession corresponding to the profession of a Podologist. is required. Examination certificates 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 (b) 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 the podologist, or prepare for the exercise of the profession of podologist. 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 the person responsible for the profession, shall be subject to the law of the Member State in which they are held. the rights acquired by the home Member State 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 not more than two years or take an aptitude test 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 Training and Examination Regulations for Podologues and Podologists,

3.

the profession of a podologist comprises one or more regulated activities which are not part of the profession in the applicant's home Member State and where that difference in a particular training , which is required under this Act and the Training and Examination Regulation for Podologues and Podologues and refers to subjects which differ substantially from those covered by the evidence of formal qualifications, which the the applicant, or

4.

their evidence of formal qualifications is merely certified in accordance with the level referred to in Article 11 (a) of the Directive

and their proven professional experience, irrespective of the State in which they were acquired, shall not be appropriate for the total or partial compensation of the differences referred to in points 1 to 4. (4) paragraphs 2 to 3 shall apply (5) The Law on Professional Qualifications, with the exception of § 17, does not apply. (6) Countries may be eligible for recognition of their qualifications. agree that the tasks referred to in paragraphs 2 to 4 shall be carried out by another country or by a (7) The Federal Government shall review the arrangements for the recognition procedures under this Act and shall report to the German Bundestag after the end of three years. Unofficial table of contents

§ 2a

(1) The competent authorities of the country in which the profession of the podologist is practised or has last been pursued shall inform the competent authorities of the home Member State of the existence of criminal sanctions, of the withdrawal, the 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 the protection 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 effect on the profession of podilologist, 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.

Section 2
Training

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§ 3

In accordance with the task of the profession, the training shall in particular enable general and specific foot-care measures to be carried out independently by the application of appropriate procedures in accordance with the recognised rules of hygiene, pathological changes or symptoms of diseases at the foot which require medical clarification, to be identified under medical guidance or medically indicated podological treatments on a medical basis, and thus to Prevention, therapy and rehabilitation of foot diseases (training target). Unofficial table of contents

§ 4

The training lasts for two years in full-time form, in part-time form for a maximum of four years. It is taught by state-approved schools and concludes with the state examination. The training consists of theoretical and practical instruction and a practical training. It is under the overall responsibility of the school. Schools have to ensure practical training under a scheme with appropriate facilities in which to carry out podological treatment. Unofficial table of contents

§ 5

The prerequisite for access to the training in accordance with § 4 is

1.

health fitness for the exercise of the profession and

2.

the secondary school degree or an equivalent school education or another completed ten-year schooling that extends the main school degree or a successful completion of a secondary school or equivalent school education completed vocational training of at least two years duration.

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§ 6

(1) The duration of the training referred to in § 4 shall be counted

1.

Holidays,

2.

Interruptions caused by illness or other reasons not to be taken by the pupils up to a maximum of four weeks per year of training;

3.

Interruptions due to pregnancy in the case of pupils; the interruption of the training must not exceed a total duration of 14 weeks, including the absence of the number 2.

The competent authority may, upon request, also take into account periods of absence beyond paragraphs 1 to 3, provided that there is a particular hardship and that the attainment of the training objective is not jeopardised by the calculation. (2) An application may be made to: Other completed training to the extent of their equivalence will be credited to the duration of the training if the implementation of the training and the attainment of the training objective are not jeopardised by this. Unofficial table of contents

§ 7

(1) The Federal Ministry of Health is authorized, in consultation with the Federal Ministry of Education and Research, to comply with the minimum requirements of the German Federal Ministry of Education and Research with the consent of the Federal Council in a training and examination regulation. Training in accordance with § 4, the further information on the state examination for podologists, the State Complementary Examination according to § 10 (4) and (5) as well as the certificate for the permission in accordance with § 1 sentence 1. (2) In the legal regulation according to paragraph 1 is for holders of training certificates, who have a permit pursuant to § 2 para. 1 in connection with § 2 (3) or (4) shall apply to:

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 7a 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.

Section 2a
Providing services

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§ 7a

(1) Nationals of a Contracting State of the European Economic Area, who are nationals of a Contracting State of the European Economic Area who are in another Contracting State of the European Economic Area, on the basis of a German legislation. training or on the basis of a training certificate corresponding to the requirements of section 2 (3), and

1.

which are lawfully established in a Member State, or

2.

if the profession of a pedologue or the training of 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 a Podologist 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 sentence of paragraph 1, proof in any form that the service provider has an activity corresponding to the profession of a Podologist for a period of at least two years during the previous 10 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 mutalogically, with the proviso that there are significant differences between the professional qualification of the service provider and the provisions of this Act and the training and examination regulations for podologers and podologists compensatory measures should only be required if the differences are so large that, without the proof of the lack of knowledge and skills, public health would be at risk. The balance of the lack of 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, pursue the profession of the Podologist on the basis of 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 a "podologist" or a "podologist" and are not prohibited from carrying out their activities, either temporarily or 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

§ 7b

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

§ 7c

In the sense of § 7a, podologists and podiatrists have the rights and obligations of persons with a licence pursuant to § 1 para. 1 when providing the service within the scope of this law. Where these obligations are infringed, the competent authority shall immediately inform the competent authority of the Member State of establishment of that service provider.

Section 3
Responsibilities

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§ 8

(1) The decisions pursuant to § 2 para. 1 shall be taken by the competent authority of the country in which the applicant has passed the state examination. (2) The decision in accordance with § 6 para. 2 shall apply to the competent authority of the country in which the applicant is to (3) The notification in accordance with Section 7a (2) and (3) shall meet 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 § 7b sentence 1. The information referred to in the second sentence of Article 7b shall be transmitted by the competent authority of the country in which the profession of the podologist has been exercised or was last pursued. The information of the home Member State pursuant to § 7c shall be provided by the competent authority of the country where the service is provided or has been provided. The certificates referred to in § 7a (4) shall be issued by the competent authority of the country in which the applicant exercises the profession of a podologist.

Section 4
Fines

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§ 9

(1) The offence is unlawful.

1.

without permission in accordance with § 1 sentence 1, the professional title "Podologin" or "Podologist" or

2.

contrary to the second sentence of paragraph 1, the professional title of 'Medical foot-care nurse' or 'Medical foot-care nurse'

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

Footnote

(+ + + § 9 para. 1 no. 2: Is gem. § 11 not to be applied before 1.1.2003 + + +)

Section 5
Transitional and final provisions

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§ 10

(1) One on the ground

1.

§ 15 para. 1 of the Baden-Württemberg Act of Private Education (PSchG) of 1 January 1990 (GBl. 105), as last amended by the Law amending the Private School Act of 13 November 1995 (GBl). 764), the certificate issued with the certificate of qualification for the management of the professional title "Staatlich verified Podologin"/"Staatlich verified Podologist",

2.

The Bavarian School Order for the vocational schools for medical foot care of 23 April 1993 (GVBl. 317, rectified GVBl. 1993, p. 854), as last amended by Regulation of 4 July 1997 (GVBl). 230), granted entitlement to the management of the designation 'State-certified medical foot-care nurse/certified medical foot-care nurse',

3.

The Runderlass of the Lower Saxony Minister of Social Affairs on the State Recognition of Medical Footpfleders of 21 February 1983 (Niedersächsisches Ministerialblatt p. 266) and the Runderlasses des Niedersächsische Kultusministry (Lower Saxony Ministry of Culture) on the Training and examination at vocational schools-Medical foot care-issued on 10 November 1982 (Niedersächsisches Ministerialblatt, p. 2195) granted state recognition as a "medical foot care professional" or

4.

of the Federal State of Saxony-Anhalt as amended on 27 August 1996 (GVBl). LSA p. 281), as last amended by the Law of 21 January 1998 (GVBl. LSA p. 15), granted entitlement as a "State-recognised Podologist" or "State-recognised Podologist"

(2) An education, which has been initiated before the entry into force of this Act on the basis of the national provisions referred to in paragraph 1, shall be concluded in accordance with these provisions. After completion of the training, if the conditions of § 2 (1) (2) and (3) are fulfilled, the applicant shall obtain a permit pursuant to § 1 sentence 1 of this Act. (3) Any person other than at least two years of training other than that referred to in paragraph 1 shall be granted a licence. Medical foot care which is equivalent to the training provided for in this Act, has been completed or commenced before the entry into force of this Act and has a certificate of examination, shall be granted a permit pursuant to § 1 upon request. Sentence 1, if the conditions of § 2 (1) (2) and (3) are fulfilled. (4) Those who, upon the entry into force of this Law, without falling under paragraphs 1 to 3, provides for at least 10 years of activity in the field of medical foot care, receives the permission in accordance with § 1 sentence 1 if the requirements of § 2 (1) No. 2 and 3 are fulfilled if he , within five years of the entry into force of this Act, the State Complementary Examination has been successfully completed. (5) For orthopaedic surgeon and orthopaedic chuhemakers, as well as persons who have been trained under the Act on the exercise of the professions of the masseur, the masseur and the medical swimsuit and the Physiotherapists in the revised version published in the Federal Law Gazette, Part III, outline number 2124-7, as last amended by Article 14 of the Ordination of 26 February 1993 (BGBl. 278), which may be referred to as "masseur" or "masseur", "masseurin and medical bath master" or "masseur and medical bath master", paragraph 4 shall apply accordingly if, at the date of entry into force of this law, it is at least equal to: (6) Persons who, on the entry into force of this Act, without falling within the scope of paragraphs 1 to 5, have an activity in the field of medical foot care for at least five years , if the conditions of § 2 (1) (2) and (3) are fulfilled, the Permission in accordance with § 1 sentence 1 if they successfully place the state examination within five years after the entry into force of this law. Unofficial table of contents

§ 11

§ 1 sentence 2 and § 9 (1) no. 2 shall not be applied before 1 January 2003.