Law on the exercise of dentistry

Unofficial table of contents

ZHG

Date of completion: 31.03.1952

Full quote:

" Law on the exercise of dentistry in the version of the Notice of 16 April 1987 (BGBl. 1225), as last amended by Article 3 of the Regulation of 21 July 2014 (BGBl). I p. 1301)

Status:	New by Bek. v. 16.4.1987 I 1225;
	last amended by Art. 3 V v. 21.7.2014 I 1301

For more details, please refer to the menu under Notes

Footnote

(+ + + Text proof applicable: 2.3.1983 + + +) 
(+ + + Changes due to EinigVtr cf.  § § 2, 4, 16 and  20 + + +) 

  

Introduced in the Saarland by V v. 26.8.1957 I 1255, competence d. BMI on d. BMJFG transcend cf. also § 1 sentence 2 no. 8 G v. 29.7.1964 I 560

I.
The Approbation as a dentist

Unofficial table of contents

§ 1

(1) Anyone who wants to exercise the dentistry permanently within the scope of this law requires an Approbation as a dentist in accordance with this law. The approbation entitles the person to use the name as a "dentist" or "dentist". The temporary exercise of dentistry requires a licence to be revoked at any time. (2) Dental dentists who are nationals of a Member State of the European Union or of another Contracting State of the Agreement on the European Union The Economic Area or a Contracting State to which Germany and the European Community or Germany and the European Union have contracted an appropriate legal claim shall be allowed to pursue the dental profession in the Scope of this law without an Approbation as a dentist or without permission to the Temporary exercise of dentistry, provided that they are temporarily and occasionally acting as providers of 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 according to this law. (3) Exercise of dentistry is the identification and treatment of dental, oral and jaw diseases, founded on dental scientific findings. As a disease, any appearance deviating from the norm is to be seen in the area of teeth, mouth and jaws, including anomalies of tooth position and lack of teeth. (4) The exercise of dentistry is not a commercial. (5) Approved dentists can, in particular, be able to carry out the following activities on qualified prophylaxis staff with completed training such as dental assistant, further formed dental assistant, prophylactic worker or dental hygiene technician Delegate: manufacture of X-ray images, removal of soft and Hard as well as clinically accessible subgingival coverings, filling policies, laying and removal of provisional closures, production of temporary crowns and bridges, production of situation impressions, drying of the working field relative and Absolutely, explanation of the cause of caries and periodontopathies, indications of tooth-healthy nutrition, hints on domestic fluoridation measures, motivation for appropriate oral hygiene, demonstration and practical exercises on oral hygiene, remotivation, Colouring of the teeth, creating plaque indices, creation blood indices, caries risk determination, local fluoridation, In the orthodontics, the following activities can be delegated to dental specialists, further trained dental assistants or dental hygiene specialists: Ligation of arches, ligation of arches in the formed dental arch, selection and sample of ligaments to patients, removal of plastic remains and tooth polish also with rotating instruments after Bracket removal by the dentist. (7) Exercise of the dental profession is the exercise of dentistry under the Professional title "Dentist" or "Dentist". Unofficial table of contents

§ 2

(1) Approbation as a dentist shall be granted upon request, if the applicant

1.

(dropped)

2.

is not guilty of any conduct which results in its unworthiness or unreliability in the pursuit of the dental profession,

3.

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

4.

passed the dental examination within the scope of this law after at least five years of study of dentistry at a scientific university,

5.

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

One in one of the other Member States of the European Union or in another Contracting State of the Agreement on the European Economic Area or a Contracting State, the Germany and the European Community or Germany and the Whereas the European Union has been contractually entitled to a corresponding legal claim; completed dental training shall be deemed to be a training within the meaning of point 4 if it is issued by the submission of a certificate issued after 27 January 1980, in the annex to the of a dental training certificate referred to in this Act, one of the other Member States of the European Union or of a dental training certificate issued after 31 December 1992 issued by another Contracting State of the Agreement on the European Union, issued after 31 December 1992. the economic area or the evidence of formal qualifications issued by a Contracting State, Germany and the European Community or Germany and the European Union, issued in accordance with the relevant date, by contract; The right to legal claim has been proven. In the case of a dental training certificate issued after 20 December 1976 of the European Union, training shall be made subject to training commenced after the date on which the date of accession has been made or, in the case of a deviating agreement, the date on which the dental training certificate of another Contracting State of the Agreement on the European Economic Area or of a Contracting State, of Germany and the European Union Community or Germany and the European Union contractually , having regard to the right to a specific agreement at the time of the application of the obligations arising out of Council Directives 78 /686/EEC and 78 /687/EEC of 25 July 1978 (OJ L 378, 31.12.1978, p. EC No 1 and p. 10), the date on which it is based. The Federal Ministry of Health is authorized to amend Annex V, point 5.3.2 of Directive 2005 /36/EC of the European Parliament, by means of a regulation which does not require the consent of the Federal Council, to amend the Annex V to this Act. 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 L 271 p. 18). If the training provided for in the second or third sentence of sentence 2 or 3 for the recognition of the dental training qualifications of the other Member States of the European Union or of the other Contracting States of the Agreement on the European Economic Area or of a The Contracting State to which Germany and the European Community, or Germany and the European Union have contractually granted a corresponding legal claim, shall include in each case the relevant date and shall not satisfy all Minimum requirements laid down in Article 1 of Directive 78 /687/EEC, the competent authority may: require the submission of a certificate issued by the home Member State in addition to the dental training evidence listed in the Appendix to the second sentence, which indicates that the applicant has received a certificate during the last five years before the At least three years of application, the dental profession has been subject to continuous and legal practice. The dental training evidence referred to in the second sentence shall be equivalent to that provided for in the second or third sentence by one of the other Member States of the European Union or another State Party to the Agreement on the European Union. The Economic Area or a Contracting State to which Germany and the European Community or Germany and the European Union have contractually granted a corresponding legal claim, issued evidence of formal qualifications of the dentist, who those listed in the Appendix to the second sentence for the State in question , but shall be submitted by means of a certificate issued by the competent authority or body of that State to the effect that they complete an education which complies with the minimum requirements laid down in Article 34 of Directive 2005 /36/EC and that they are equivalent to the evidence listed for that State in the Annex to the second sentence. An approbation will not be granted if the scientific preliminary examination, the dental preliminary examination or the dental examination according to the legal regulation according to § 3 (1) has not been passed definitively. Sentence 7 shall not apply if the applicant has evidence of formal qualifications to be recognised in accordance with Directive 2005 /36/EC. (1a) The competent authorities of the country in which the dental profession is practised or has been last pursued , 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 frenchment of the aversion or permission to disregard the exercise of the exercise of the Activities and facts relating to one of these sanctions or measures , the rules on the protection of personal data must be respected. Where the competent authorities receive information from the competent authorities of host Member States which might have an effect on the profession of dentist, they shall verify the accuracy of the facts and shall determine the nature and extent of the facts and the nature of the facts. Audits to be carried out and shall inform the host Member State of the consequences which they draw from the information provided. The countries shall 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, and the authorities and bodies responsible for the Accept applications and make the decisions relating to this Directive. They shall ensure that the Federal Ministry of Health is informed without delay. The Federal Ministry of Health shall immediately transmit the information to the other Member States and to the European Commission. Countries can determine joint positions for the performance of the tasks according to the rates 1 to 3. The Federal Ministry of Health shall, after appropriate notification by the Länder, transmit statistical statements on the decisions taken by the European Commission in respect of the decisions taken pursuant to Article 60 (1) of Directive 2005 /36/EC (2) If the condition set out in the first sentence of the first sentence of paragraph 1 is not met, applicants who have completed their training in the pursuit of the dental profession in one of the other Member States of the European Union shall be required to: another State Party to the Agreement on the European Economic Area or the Switzerland, and do not fall under paragraph 1 or § 20a, to grant the Approbation if the equivalence of the training level is given. The level of training must be regarded as equivalent if the training of the applicant does not have any significant differences in relation to the training laid down in this Act and in the regulation pursuant to Article 3 (1). Significant differences in the first sentence shall be provided if:

1.

the duration of the training provided by the applicants is at least one year under the duration of the training provided for in that Act;

2.

the training of applicants relates to subjects that are significantly different from German training; or

3.

the profession of dentist comprises one or more regulated activities which are not part of that profession in the State which issued the certificate and that difference in a particular training which is defined in accordance with the provisions of German training is required and refers to subjects that differ significantly from those covered by the evidence of formal qualifications that applicants submit.

Subjects differ materially if their knowledge is an essential condition for the exercise of the profession and the training of applicants towards German training is significant in terms of duration or content. . Substantial differences may be compensated, in whole or in part, by the knowledge acquired by the applicants in the course of their medical professional practice, and it is not decisive in which state the applicants were in employment. Where there are substantial differences between the rates 3 to 5, applicants must demonstrate that they have the knowledge and skills necessary to pursue the profession of dentist. This proof shall be provided by an aptitude test relating to the significant differences identified. In order to determine the essential differences, applicants shall be informed of an informed decision not later than four months after the competent authority has received all the necessary documents. The provisions of sentences 2 to 8 shall also apply to applicants who have a training certificate as a dentist who is issued in a Member State other than the one referred to in the first sentence (third country) and another one of the States referred to in the first sentence of the first sentence of the first subparagraph. (3) If the condition set out in the first sentence of the first subparagraph of paragraph 1 is not met, applicants who have a certificate of training in the exercise of the dental profession shall be those who are in possession of a certificate of formal qualifications in a Member State other than those referred to in paragraph 1. 2, the first sentence of the first sentence of paragraph 1 shall be granted to the Member States (third countries) to grant the approval if the Equivalence of the training level is given. In order to verify equivalence, the second sentence of paragraph 2 to 6 and 8 shall apply accordingly. Proof of the necessary knowledge and skills is provided by the placing of an examination, which relates to the content of the state audit. The necessary knowledge and skills required under the third sentence shall also be established if the examination of the application is only possible with an unreasonable time or material effort, because the required documents and evidence are not available for reasons other than those of (4) If the grant of the Approbation is to be rejected due to a lack of any of the conditions laid down in the first sentence of paragraph 1, first sentence, No. 2 and 3, the applicant shall be legal representative. (5) If the applicant is suspicion of a A criminal offence which may result in his unworthiness or unreliability in the exercise of the dental profession may be subject to criminal proceedings, the decision on the application for the grant of the Approbation may be taken until the end of the proceedings. (6) If an applicant requests an examination for the exercise of the dental profession on the basis of a training completed outside the scope of this law, the following documents and certificates shall be submitted. to present:

1.

proof of identity,

1a.

a tabular list of the training courses and the activities carried out,

2.

an officially certified copy of the evidence of formal qualifications or evidence of formal qualifications which entitles him to take up the profession in question and, where appropriate, a certificate of professional experience acquired by the person concerned,

2a.

in the case referred to in paragraph 3, a certificate of the right to practise in the country of origin and documents which are likely to be required to pursue the profession of dentistry in the country,

3.

the documents which have been issued by the competent authorities of the home Member State and which show that the requirements referred to in the first sentence of paragraph 1 of this paragraph are met or, if the Member State of origin does not provide the documents referred to above, , an affidavit or, in the States where there is no affidavit, a solemn declaration made by the person concerned before a competent judicial or administrative authority, or, where appropriate, in the case of a notary or of a suitably authorised professional organisation of the The home Member State issuing a certificate confirming that affirmative or solemn declaration,

4.

the proof referred to in the first sentence of paragraph 1, point 3, which shall be recognised in the Member State of origin, or where no such proof is required in the home Member State, shall be recognised by a competent authority of the a certificate issued by the home Member State,

5.

a certificate issued by the competent authorities of the home Member State certifying that the evidence of the required training conditions is equivalent to the evidence required by the Directive;

6.

in the cases referred to in paragraph 2 or 3, additional evidence in order to determine whether the training has significant differences in relation to the training laid down in this Act and in the regulation in accordance with Article 3 (1),

7.

where evidence of formal qualifications referred to in Article 3 (1) (c) of Directive 2005 /36/EC is submitted by the competent authority of a Member State or of another Contracting State to the Agreement on the European Economic Area, or of a Contracting State to which Germany and the European Community, or Germany and the European Union, have been contractually entitled, have been issued, to an education which is wholly or partly in a lawfully located in the territory of another of the States referred to above the established institution, documents,

a)

whether the training course in the institution concerned has been officially certified by the training institution of the issuing Member State,

b)

whether the certificate issued is equivalent to that which would have been awarded if the training course had been completed in full in the issuing Member State; and

c)

whether the same professional rights are conferred on the evidence of formal qualifications in the territory of the issuing Member State.

The documents referred to in the first sentence of 1 (3) and (4) may not be more than three months in the case of their submission. Where the competent authorities have reasonable doubts as to the authenticity of the certificates and evidence of formal qualifications issued in the Member State of origin, they may be subject to the competent authorities of the home Member State Confirmation of the authenticity of these certificates and evidence as well as confirmation that the applicant complies with the minimum training requirements laid down in Article 34 of Directive 2005 /36/EC.

(7) The Professional Qualification Order Act shall not apply with the exception of § 17. (8) The Federal Government shall review the arrangements for the recognition procedures under this Act and shall report to the German Bundestag after the expiry of three years. Unofficial table of contents

§ 3

(1) The Federal Ministry of Health shall, by means of a regulation with the consent of the Federal Council, regulate the minimum requirements for the study of dentists in an approximation order for dentists, taking into account Article 34 of Directive 2005 /36/EC Dentistry, the further information on the state dental exam and the Approbation. The admission to the dental examination may be made subject to the existence of two preliminary examinations. Deadlines shall be laid down for the notification of the examinations and the preliminary tests. The legal regulation also provides for the settlement of higher education qualifications and examinations, which are filed within or outside the scope of this Act. (2) The legal regulation provides for the procedures for examining the The conditions laid down in Article 2 (1) (1) (2) and (3), as well as the time limits for issuing the approval of the dentist, shall be laid down, in particular the submission by the competent authorities of the evidence to be provided by the applicant and the determination of the competent authorities. , in accordance with Articles 8, 50, 51 and 56 of Directive 2005 /36/EC. (2a) In the Regulation , provision should be made for the implementation and content of the aptitude test in accordance with § 2 (2) and the proficiency test in accordance with § 2 (3), as well as for the granting and renewal of the work permit pursuant to § 13. (3) Derogations from the provisions of paragraphs 1 and 2 and the provisions of the administrative procedure laid down on this basis in the administrative procedure are excluded by national law. Unofficial table of contents

§ 4

(1) The Approbation shall be withdrawn if the dental examination does not pass during its issue or if an Approbation granted before the date of entry into effect of the accession shall be granted at a training institution in the same as in Article 3 of the agreement or the study of dentistry acquired in a case of § 20 (1) sentence 2 or in a case of § 20 (4) sentence 1 was not completed or the training pursuant to § 2 (1) sentence 2 or 6 or § 2 (2) or (3) or the pursuant to § § 2 (2) or § 2 (2) or § § 2 (2) or § § 2 (2) 20a was not completed. It may be withdrawn if, in the case of its grant, one of the conditions pursuant to section 2 (1), first sentence, points 2 and 3, has not been fulfilled. An Approbation granted in accordance with § 2 (2) or (3) may be withdrawn if the determined equivalence of the level of training was actually not given or if the alternatively established equivalent level of knowledge does not actually exist has been demonstrated. An Approbation granted in accordance with § 2 (2) or (3) or § 20a (5) may be withdrawn if the training to be traced does indeed differ significantly from the training provided for in this Act and in the Legal Regulation pursuant to § 3 , or the knowledge and skills required for the exercise of the dental profession within the scope of that law have not actually been proven in the aptitude test. (2) The Approbation is to be revoked if the condition pursuant to § 2 (1) sentence 1 no. 2 is retrospected. has fallen away. It may be revoked if one of the conditions has subsequently been omitted in accordance with § 2 (1) sentence 1 no. 3. Unofficial table of contents

§ 5

(1) The resting of the Approbation can be arranged if:

1.

a criminal procedure has been initiated against the dentist on suspicion of an offence which may result in his unworthiness or unreliability in the exercise of the dental profession;

2.

has subsequently fallen away from the condition laid down in Article 2 (1), first sentence, sentence 1,

3.

There are doubts as to whether the condition of Section 2 (1), first sentence, sentence 1 (3) is still fulfilled and that the dentist refuses to undergo an official or professional medical examination arranged by the competent authority,

4.

is that the dentist does not have the knowledge of the German language required for the exercise of professional activity in Germany.

(2) The arrangement shall be lifted if the conditions are no longer fulfilled. (3) The dentist, whose approval is resting, shall not be allowed to pursue the dental profession. Unofficial table of contents

§ 6

(dropped) Unofficial table of contents

§ 7

The Approbation may be waived by written declaration to the competent authority. A waiver that is declared under a condition is ineffective. Unofficial table of contents

§ 7a

In the case of a person whose Approbation has been withdrawn or revoked due to a lack of or subsequent omission of one of the requirements of § 2 (1) sentence 1 no. 2 and 3 or who has waived the Approbation pursuant to § 7 and who has submitted a request for Once the Approbation has been issued, the decision on this application may be withdrawn and, first of all, a permit for the exercise of the dental profession according to § 13 para. 1 up to a period of two years may be granted.

II.
Integration of the Dentists

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§ 8

(1) Those who, upon the entry into force of this law, have the state recognition as Dentist, will receive the Approbation as a dentist, if he has successfully participated in a training course on oral and maxilloc diseases as well as drug teaching. The training course is to be carried out at one of the approved teaching institutes for Dentists. (2) The competent authority of the country in which the applicant is domicated shall decide, on a case-by-case basis, whether a Dentist who is a member of the Dentist has a foreign order as a dentist, can be granted the best-all as a dentist under exemption from the participation in a training course. Unofficial table of contents

§ 9

(1) Dentist assistants who, when this Act enters into force, visit an approved teaching institute for Dentists, or who meet the requirements of the visit, will receive the Approbation as a dentist if within two years of the date of entry into the (2) In special cases, the time limit referred to in paragraph 1 may be extended. Unofficial table of contents

§ 10

(1) A candidate of the Dentist profession who has begun the regular training upon the entry into force of this Act shall be granted an Approbation as a dentist if it meets the conditions for the visit of a teaching institute for Dentists and after a four-semester training course at an approved institute passed the examination before a state examination board. (2) The examination regulations are issued by the Federal Ministry of Health with the consent of the Federal Council by means of a decree law. Unofficial table of contents

§ 11

In the cases of § § 8 to 10, the approbation as a dentist may only be granted if the applicant has the 25. It has completed a year of life and is not a reason for failure in accordance with Section 2 (1), first sentence, no. 2 and 3. Unofficial table of contents

§ 11a

§ § 8 to 11 are applicable only to applications of persons who had fulfilled all the special conditions provided for in these regulations for the granting of the Approbation as a dentist on 27 January 1980.

III.
Special provisions

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§ 12

(dropped) Unofficial table of contents

§ 13

(1) The permit for the temporary exercise of dentistry may be granted on request to persons who provide evidence of completed dental training. A permit referred to in the first sentence shall be granted to applicants who have a training certificate as a dentist who is in a Member State of the European Union, another State Party to the Agreement on the European Economic Area, or in the Switzerland has not been issued. A permit shall not be granted in the cases of § 2 (2) sentence 9. (1a) By way of derogation from the second sentence of paragraph 1 and 3, a permit for the temporary exercise of dentistry may be granted on request, if the application states that the intended exercise of the dentistry shall be subject to the following conditions: Dentistry has a special interest in the granting of permission. Permission is not accepted for the grant of an Approbation. (2) The permission may be limited to certain activities and employment offices. It may only be revoked or extended to a maximum of two years within the scope of this Act, and only up to a total duration of the dental activity. (3) A permit may, exceptionally, be granted on the basis of the provisions referred to in paragraph 2. In addition, in particular cases or for reasons of dental care, a period of time may be granted or extended if an Approbation cannot be granted due to a lack of conditions pursuant to Section 2 (1) (4). § § 4, 5, 7, 7a and 18 shall apply. (3a) Permits provided for in the first sentence of paragraph 1, issued before 1 April 2012, shall remain effective. For them, paragraph 3 is to be applied in its up-to-date version until April 1, 2014 for such holders of the permit, who have submitted an application for the grant of the Approbation in accordance with § 2 paragraph 1 sentence 1 up to 1 July 2012. Sentence 2 shall apply to nationals of a Member State of the European Union, another State Party to the Agreement on the European Economic Area and Switzerland, which shall have a certificate of formal qualifications referred to in the second sentence of paragraph 1 or the third sentence of paragraph 1 , as well as to third-country nationals who, under the law of the European Community, have equality, shall not be subject to application. (4) In exceptional cases, a permit for the temporary exercise of dentistry may, upon request, also be granted. be granted to persons who are outside the scope of this Act dental training, but this training has not yet been completed, if:

1.

the applicant, on the basis of a final examination outside the scope of this law, has acquired the right to restrict the exercise of the dental profession outside the scope of this law; and

2.

the work to be carried out on the basis of the licence is required to complete a dental training.

In these cases, permission shall be limited to certain activities and employment offices. Permission may be granted subject to the requirement that the temporary exercise of dentistry shall be carried out under the supervision of a dentist who possesses the approval or the authorization referred to in paragraph 1. It may be granted only under the reservation of withdrawal and only up to a total duration of the dental activity which requires completion of the training. (5) Persons who have been granted a permit to exercise dentistry, have the rights and duties of a dentist. Unofficial table of contents

§ 13a

(1) nationals of a Member State of the European Union or of another Contracting State of the Agreement on the European Economic Area or of a Contracting State, of Germany and of the European Community or of Germany and of The European Union has granted a contractual right to the right to exercise the dental profession in one of the other Member States of the European Union or in another State Party to the Convention on the European Economic Area or a State Party to which Germany and the The European Community or Germany and the European Union have contractually granted an appropriate legal claim on the basis of a dental training completed under German law or on the basis of a law in the As a service provider within the meaning of Article 50 of the EC Treaty, a temporary and occasional system may be used as a service provider within the meaning of Article 50 of the EC Treaty, pursuant to Article 2 (1), second sentence, in Article 2 (1), sentence 6 or in Article 20a (1) to (4). dental profession within the scope of this law. The temporary and occasional nature of the provision of services shall be assessed on a case-by-case basis, in particular on the basis of the duration, frequency, periodic recurrence and continuity of the service. An entitlement under the first sentence does not exist if the conditions for withdrawal, revocation or revocation of a rest, which relate to the facts pursuant to § 2 (1) sentence 1, No. 2 or 3, are available, a corresponding measure is lacking. (2) A provider of services within the meaning of paragraph 1 has the competent authority, if he changes to Germany for the first time from another Member State to the provision of services, to the competent authority of the competent authorities. Authorities in Germany to report in advance. This notification shall be renewed once a year if the service provider intends to provide temporary or occasional services in Germany during the year in question. Where services are provided for the first time or if there is a substantial change in relation to the situation certified in the documents, the service provider shall submit the following documents to the competent authority:

1.

proof of his nationality;

2.

a certificate certifying that he is lawfully established in a Member State as a dentist and that he is not prohibited, even temporarily, from the exercise of that profession at the time of the submission of the certificate; and

3.

his professional qualification certificate.

The provider of services referred to in paragraph 1 may be required to provide information on details of insurance cover or of any other type of individual or collective protection in respect of professional liability. The knowledge of the German language required for the performance of the service must be available. (3) The provider has the rights and obligations of a dentist in the course of the provision of the service within the scope of this Act. It may be subject to professional, legal or administrative professional rules and to the disciplinary provisions in force, such as rules on the definition of the profession, the conduct of titles, and the rules governing the administration of such rules. serious occupational errors in a direct and specific context with the protection and safety of consumers. The competent authorities of the Member State of establishment may require the competent authorities of the Member State of establishment to provide all information on the legality of the establishment and the good management of the service provider, and Information on the non-existence of criminal sanctions, withdrawal, withdrawal and arrangement of the renunciation of the Approbation or permission, on the non-existence of the exercise of the activity and on the absence of Facts that would justify any of these sanctions or measures. The information shall be transmitted in accordance with Article 56 of Directive 2005 /36/EC. The competent authority shall without delay inform the competent authority of the home Member State of the existence of the sanctions or measures referred to in the third sentence which relate to the exercise of the activities covered by Directive 2005 /36/EC could impact. The rules on the protection of personal data must be complied with. At the request of the competent authorities of another Member State of the European Union or of another Contracting State of the Agreement on the European Economic Area or of a Contracting State, of Germany and of the European Union In accordance with Article 56 of Directive 2005 /36/EC of the requesting authority, the competent authorities in Germany and the European Union and the European Union have contractually granted an appropriate legal claim, all information provided by the requesting authority on the legality of the establishment and the good management of the service provider as well as information on the absence of professional disciplinary or criminal sanctions. (4) A national of one of the Member States of the European Union or of another Contracting State of the European Union Agreement on the European Economic Area or a Contracting State to which Germany and the European Community or Germany and the European Union have contractually granted an appropriate legal claim, which shall: Scope of this law to the dental profession on the basis of an Approbation as a dentist or a permit for the temporary exercise of dentistry, shall, at the request for the provision of services in another Member State of the European Union or another State Party to the Agreement, apply: the European Economic Area, or a State Party to which Germany and the European Community or Germany and the European Union have contractually granted a right to issue certificates on the subject, that

1.

he is legally established in Germany as a dentist,

2.

the performance of that activity at the time of the submission of the certificate is not prohibited, even temporarily, and

3.

he has a necessary professional qualification certificate.

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§ 14

The intergovernmental contracts concluded for this purpose shall apply to the exercise of dentistry in border areas by dentists who have no establishment within the scope of this Act. Unofficial table of contents

§ 15

The Federal Government is authorized, with the consent of the Federal Council, to regulate the fees for dental activity in a fee order by means of a decree-law. In this fee arrangement, minimum and maximum rates for dental services are to be determined. In doing so, the legitimate interests of the dentists and those for payment of the charges shall be taken into account.

IV.
Responsibilities

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§ 16

(1) In the cases of § 2 (1) sentence 1, the Approbation shall grant the competent authority of the country in which the applicant has filed the dental examination. In the cases of § 20 (4) sentence 1, the Approbation shall be issued by the competent authority of the country in which the applicant has successfully completed his studies of dentistry. (2) The decisions pursuant to § 2 paragraph 1 sentence 1 in connection Sentence 2 and 6, paragraphs 2, 3 and 6, sentence 3, in accordance with § § 8 to 10, 13, 20 (2) sentence 2 and § 20a, the competent authority of the country in which the dental profession is to be exercised shall meet. Countries may agree that the tasks assigned to them by sentence 1 shall be carried out by another country or by a common body. The decisions pursuant to § 2 (1a) sentence 2, § § 4 and 5 shall be taken by the competent authority of the country in which the dental profession has been exercised or was last exercised. It shall transmit the information in accordance with Section 13a (3) sentence 7. The second sentence shall apply mutatily to the acceptance of the waivingof the waier pursuant to § 7. (3) The decision in accordance with § 7a shall be taken by the competent authority of the country which has withdrawn or revoked the Approbation. (4) The notification in accordance with Article 13a (2) shall accept the competent authority of the country in which: the service is to be provided or has been provided. The processing of the information requirements in accordance with § 13a (3) sentence 3 and the information of the home Member State pursuant to § 13a (3) sentence 5 shall be carried out by the competent authority of the country in which the service is provided or provided has been made. Where the countries have set up joint bodies for this purpose, the countries concerned shall determine the competent authorities. The certificate referred to in Article 13a (4) shall issue the competent authority of the country in which the applicant pursues the dental profession. (5) If a Member State of the European Union or another State Party to the Agreement is concerned with the European Economic Area or a State Party to which Germany and the European Community or Germany and the European Union have contractually granted a corresponding legal claim, in order to facilitate the application of Title III, Chapter III of Directive 2005 /36/EC, a certificate of the home Member State Requests that the evidence issued in Germany comply with the evidence required by Directive 2005 /36/EC on the required training requirements, this certificate shall be issued by the Federal Ministry of Health. To the extent that the competent authorities in Germany have to submit information to the competent authorities of the host Member State in accordance with Annex VII (d) of Directive 2005 /36/EC, this shall be carried out within two months. (6) (omitted) Unofficial table of contents

§ 17

The Federal Ministry of Health, in agreement with the Federal Ministry of Economics and Technology, shall, with the consent of the Federal Council, adopt the provisions necessary for the implementation of Section 8 (1) by means of a legal regulation.

V.
Criminal, transitional and final provisions

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§ 18

Imprisonment of up to one year or a fine shall be punished,

1.

who exercises dentistry without having to own a certificate of approval or permission as a dentist or to be entitled to exercise dentistry pursuant to § 1 para. 2, § 14 or § 19,

2.

who exercises the dentistry, as long as the resting of the Approbation is arranged by fully retractable disposal.

Unofficial table of contents

§ 19

Anyone who has exercised dentistry before the entry into force of this law, without being in possession of a best-practice as a doctor or dentist, may continue to exercise it to the present extent. § § 4 and 5 shall apply accordingly. Unofficial table of contents

§ 20

(1) An Approbation or Bestallung, which entitles the person to exercise the dental profession at the date of application of the Act of Accession, shall be deemed to be an Approbation within the meaning of this Act. The same shall apply in the case of a trial which, on the day before the date of entry into force of the date of accession, shall be entitled, in the territory referred to in Article 3 of the Treaty of Accession, to pursue the profession of dentistry, provided that it does not apply to that profession by means of a procedure applicable at that date. Arrangement according to § 13 of the Approbationsordnung für dentists of 13 January 1977 (GBl. 34), as amended by Regulation No 2 of 24 August 1981 (GBl). No 29 p. 346). The right to continue to lead a name given in connection with recognition as a specialist dentist by the holder of a licence referred to in the second sentence of sentence 2 which, on the day before the date of entry into force of the date of accession, shall have such a name in the (2) One of the territories referred to in Article 3 of the Unification Treaty on the day before the date of entry into the exercise of the dental profession shall be the subject of the application of the Agreement authorizing, however, by means of an order in force at that time in accordance with § 13 of the Code of approbation for Dentists of 13 January 1977 (GBl. 34), as amended by Regulation No 2 of 24 August 1981 (GBl). I n ° 29 p. 346) Limited Approbation as a dentist is valid as a permission in accordance with § 13 para. 1 of this law. Upon request, the holder of such an Approbation receives an Approbation as a dentist within the meaning of this Act, if he fulfils the conditions of § 2 (1) sentence 1 no. 2 and 3. (3) A permit valid upon the date of entry into effect of the accession to the temporary exercise of dentistry and a state permit valid on the day before the date of entry into the territory of the territory referred to in Article 3 of the Agreement for the exercise of stomatological activities in accordance with Section 8 (3) of the Agreement Code of approbation for Dentists of 13 January 1977 (GBl. 34), as amended by Regulation No 2 of 24 August 1981 (GBl). I n ° 29 p. 346) are valid with their previous contents as permission in accordance with § 13 (1) of this Act. (4) Students of dentistry, who after the effective date of accession a prior study of dentistry at universities, or Medical academies in the area referred to in Article 3 of the 'Einigungscontracges' shall continue to study in accordance with the legislation currently in force in this area, provided that this is done by 31 December 1997. The successful completion of the course of studies is the same as the completion of the course of studies in dentistry through the passed dental examination in accordance with § 2 para. 1 sentence 1 no. 4. For students who, in September 1991 and later, begin a study of dentistry at the training centres mentioned in the first sentence, the provisions of the Approbationsordnung for Dentists adopted pursuant to § 3 of this Act apply. The purpose of this Regulation is to regulate, until 31 December 1992, that the study of dentistry should in future include a compulsory teaching event in paediatric dentistry and that the dental examination should be extended to cover this subject . Unofficial table of contents

§ 20a

(1) Applicants who fulfil the requirements of § 2 (1), first sentence, points 2, 3 and 5 and who are subject to an approbation as a dentist on the basis of the submission of a date for recognition in each case before the date of the recognition according to § 2 para. 1 sentence 2 or sentence 3 issued dental training certificates issued by one of the other Member States of the European Union or of another State Party to the Agreement on the European Economic Area or a Contracting State, to Germany and to the European Community or Germany and the European Union contractually If you have a right to claim, you should also be granted the Approbation as a dentist. In cases where the dental training of the applicant is subject to the minimum requirements of Article 34 of Directive 2005 /36/EC of 7 September 2005 (OJ L 327, 30.12.2005, p. EU No OJ L 255, p. 22, 2007 No 18), the competent authority may require the submission of a certificate from the applicant's home Member State from which it appears that the applicant has at least five years prior to the application (2) Training qualifications issued by the doctor in Italy, Spain, Austria, the Czech Republic, Slovakia and Romania shall be made available for the purpose of: Pursuit of the activities of the dentist under the provisions of Annex V, point 5.3.2 of the Directive In accordance with Article 2 (1) (1) (4) of Directive 2005 /36/EC, if the holders of evidence of formal qualifications have received their medical training at the latest by the Annex to Directive 2005 /36/EC referred to above for the relevant Member State shall have started on the date listed, provided that it is accompanied by a certificate issued by the competent authorities of the Member State concerned. This certificate must show that the following conditions are met:

1.

The person concerned has, during the last five years prior to the issue of the certificate, been in fact and legally and principally devoted to the activities referred to in Article 36 of Directive 2005 /36/EC for a period of at least three years, and

2.

the person concerned is entitled to carry out such activities under the same conditions as the holders of the training certificate referred to in point 5.3.2 of Annex V to Directive 2005 /36/EC for that Member State.

Persons who have successfully completed at least three years of study, whose equivalence is the same as those referred to in Article 34 of Directive 2005 /36/EC, shall be exempted from the requirement of three years of activity referred to in the second sentence of sentence 2. Training shall be certified by the competent authorities of the State concerned. As far as the Czech Republic and Slovakia are concerned, the training qualifications obtained in the former Czechoslovakia are, in the same way as Czech and Slovak evidence of formal qualifications, subject to the same as in the preceding sentences. (3) The evidence of formal qualifications issued by doctors who have been issued in Italy to persons who started their university education after 28 January 1980, but no later than 31 December 1984, shall be recognised, provided that: A certificate issued by the competent Italian authorities from which it appears that:

1.

the person concerned has successfully passed a specific aptitude test carried out by the competent Italian authorities, which has verified that the person has knowledge and skills comparable to those of those persons, the holders of evidence of formal qualifications listed in Annex V, point 5.3.2 of Directive 2005 /36/EC for Italy,

2.

the person concerned is in fact and lawfully and legally in Italy for at least three years during the five years prior to the issue of the certificate, and principally the activities referred to in Article 36 of Directive 2005 /36/EC , and

3.

the person concerned is entitled to carry out the activities referred to in Article 36 of Directive 2005 /36/EC under the same conditions as the holders of evidence of formal qualifications listed in Italy in Annex V, point 5.3.2 of Directive 2005 /36/EC, , or in fact, exercise it, legally and principally.

The aptitude test referred to in the first sentence of 1 (1) shall exempt persons who have successfully completed at least three years of study and whose equivalence with the training provided for in Article 34 of Directive 2005 /36/EC shall be taken by the competent authorities. Authorities shall be certified. Persons who started their medical university education after 31 December 1984 shall be treated in the same way as those referred to above, provided that the three-year study referred to in the second sentence was taken up before 31 December 1994. (4) Applicants whose evidence of formal qualifications

1.

were lent by the former Soviet Union and permit the appointment of the dentist's profession, or indicate that, in the case of Estonia, training in the case of Estonia before 21 August 1991, in the case of Latvia, before 21 August 1991, before the end of the period of 11 March 1990, or

2.

have been awarded by the former Yugoslavia and allow the appointment of the dentist's profession, or the fact that the training was received in the case of Slovenia before 25 June 1991,

the evidence of formal qualifications shall be recognised as a dentist if the authorities of those Member States certify that such evidence of formal qualifications is the same with regard to the taking up and pursuit of the profession of dentist in their territory. shall be submitted in the same way as the evidence of formal qualifications awarded by them and a certificate issued by the same authorities to the effect that the person concerned shall, in the five years preceding the date of issue of the certificate, be at least three years uninterrupted actually and legally the dental profession in her (5) applicants for which one of the provisions of paragraphs 1 to 4 applies and who satisfied the conditions laid down therein, with the exception of the professional experience required, shall be subject to the approval of the applicant if the training of the applicant has been fulfilled. The applicant does not have any substantial differences in relation to the training which is regulated in this Act and in the legal regulation according to § 3 (1). Section 2 (2) sentences 3 to 8 shall apply accordingly. Unofficial table of contents

§ 21 (omitted)

- Unofficial table of contents

Section 22

(full amendment) Unofficial table of contents

Section 23

All contrary provisions, in particular § § 29, 40, 53, 54 and 147 of the Industrial Code, do not enter into force in so far as they refer to dentists and dentists. Unofficial table of contents

§ 24

(Entry into force) Unofficial table of contents

Annex (to § 2 (1) sentence 4)

(Fundstelle: BGBl. I 2007, 2950-2953; individual changes, see Footnote)


Land training verifier issuing stelleAdditional Certifying Professional Record Date

Belgium/ Belgique/ Belgium	Diploma van tandarts/ Diplôme licencié en science dentaire	- De universiteiten/ Les universités - De bevoegde Examencommissie van de Vlaamse Gemeenschap/Le Jury compétent d' enseignement de la Communauté française		Licentiaat in de tandheelkunde/ Licencié en science dentaire	28 January 1980
България	Диплома за висше образование на образователно-квалификационна степен 'Магистър' по 'Дентална мед-ицина' с профес-ионална квалиф-икация 'Магистър-лекар по дентална медицина'	Факултет по дентална медиц-ина към Медиц-ински университет		Лекар по дентална медицина	1 January 2007
Česká republika	Diploma o ukončení studia ve studijním programu zubní lékařství (doktor)	Lékařská facta univerzity v České republice	Vysvědčení o státní rigorózní zkoušce	Zubní lékař	1 May 2004
Danmark	Bevis for tandlægeeksamen (odontologisk candidatekseeds)	Tandlægehøjskolerne, Sundhedsvidenskabeligt universitets- Optional	Authorisations som tandlæge, udstedt af Sundhedsstyrelsen	Tandlæge	28 January 1980
Eesti	Diploma hambaarstiteaduse õppekava läbimise kohta	Tartu Ülikool		Hambaarst	1 May 2004
Ελλάς	Πτυχίo Οδovτιατρικής	Παvεπιστήμιo		Οδοντίατρος ή χειρούργος οδοντίατρος	1 January 1981
España	Título de Licenciado en Odontología	El rector de una universidad		Licenciado en odontología	1 January 1986
U.S.A.	Diplôme d' Etat de docteur en chirurgie dentaire	Universités		Chirurgy- dentiste	28 January 1980
Hrvatska	Diploma " doktor dentalne medicine/doktorica dentalne medicine "	Optional sveučilišta u Republici Hrvatskoj		doktor dentalne medicine/doktorica dentalne medicine	1 July 2013
Ireland	- Bachelor in Dental Science (B.Dent.Sc.) - Bachelor of Dental Surgery (BDS) - Licentiate in Dental Surgery (LDS)	- Universities - Royal College of Surgeons in Ireland		- Dentist - Dental practitioner - Dental surgeon	28 January 1980
Italia	Diploma di laurea in Odontoiatria e Protesi Dentaria	Università	Diploma di abilitazione all' esercizio della professione di odontoiatra	Odontoiatra	28 January 1980
Κύπρος	Πιστοποιητικό Εγγραφής Οδοντιάτρου	Οδοντιατρικό Συμβούλιο		Οδοντίατρος	1 May 2004
Latvija	Zobārsta diploms	Universitātes tipa augstskola	Rezidenta diploms par zobārsta pēcdiploma izglītības programas pabeigšanu, ko izsniedz universitātes tipa augsts- kola un "Sertificāts"-competent iestādes izsniegts document, kas apliecina, ka persona ir nokārtojusi sertificācijas eksāmenu zobārstniecībā	Zobārsts	1 May 2004
Lietuva	Aukštojo mokslo diplomas, nurodantis suteiktą gydytojo odontologo kvalifikaciją	Universitetas	Internatūros pažymėjimas, nurodantis suteiktą gydytojo odontologo profesinę kvalifikaciją	Gydytojas odontologas	1 May 2004
Luxembourg	Diplôme d' Etat de docteur en médecine dentaire	Jury d' examen d' Etat		Médecin-dentiste	28 January 1980
Magyarország	Fogorvos oklevél (doctor medicinae dentariae, röv.: dr. med. dent.)	Egyted		Fogorvos	1 May 2004
Malta	Lawrja fil-Kirurġija Dentali	Universita ' ta Malta		Kirurgu Dentali	1 May 2004
Nederland	Universitair getuigschrift van een met goed gevolg afoccasiond tandartsexamen	Faculteit Tandheelkunde		Tandarts	28 January 1980
Austria	Communication on the Award of the academic degree " Doctor of the Dentistry "	Medical Faculty of the University		Dentist	1 January 1994
Polska	Dyplom ukończenia studiów wyższych z tytułem "lekarz dentysta"	1. Academia Medyczna, 2. Uniwersytet Medyczny, 3. Collegium Medicum Uniwersytetu Jagiellońskiego	Lekarsko-Dentystyczny Egzamin Państwowy	Lekarz dentysta	1 May 2004
Portugal:	Carta de curso de licenciatura em medicina dentária	- Faculdades - Institute Superiores		Médico dentista	1 January 1986
România	Diploma de licenţă de medic dentist	Universităţi		medic dentist	1 October 2003
Slovenija	Diploma, s katero se podeljuje strokovni naslov " doktor dentalne medicine/doktorica dentalne medicine "	-Univerza	Potrdilo o opravlory strokovnem izpitu za poklic zoboz- dravnik/zobozdravnica	Doctor dentalne medicine/Doktorica dentalne medicine	1 May 2004
Slovensko	Vysokoškolský diplom o udelení akademického titulu " doktor zubného lekárstva "(" MDDr. ")	-Vysoká škola		Zubný lekár	1 May 2004
Suomi/ Finland	Hammaslääketieteen lisensiaatin tutkinto/ Odontology licentiate exams	- Helsingin yliopisto/ Helsingfors universitet - Oulun yliopisto - Turun yliopisto	Terveyden huollon oikeustur- vacescuksen päätös käytännön palvelun hyväksymisestä/ Beslut av Rättskyddscentralen för hälsovården om god- kännande av praktisk tjänstgöring	Hammaslääkäri/Tandläkare	1 January 1994
Sverige	Tandläkarexamen	- University i Umeå - University i Gothenburg - Karolinska Institutet - Malmö Högskola	Endast för examen- bevis som erhållits före the 1 juli 1995, ett utbildningsbevis som utfärdats av Socialsty- relsen	Tandläkare	1 January 1994
United Kingdom	- Bachelor of Dental Surgery (BDS or B.Ch.D.) - Licentiate in Dental Surgery	- Universities - Royal Colleges		- Dentist - Dental practitioner - Dental surgeon	28 January 1980