Amendments To The Law "about The Regulated Professions And The Recognition Of Professional Qualifications"

Original Language Title: Grozījumi likumā "Par reglamentētajām profesijām un profesionālās kvalifikācijas atzīšanu"

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The Saeima has adopted and the President promulgated the following laws: the law "on amendments to the regulated professions and the recognition of professional qualifications" make law "on regulated professions and recognition of professional qualifications" (Latvian Saeima and the Cabinet of Ministers rapporteur, 2001, no. 15; 2003, 23, no; 2004, nr. 13; 2006, 1., no. 24; 2008, no 3) follows: 1. Replace the words "in particular in the law throughout" (the number and fold) with the word "the" (number and fold).
2. in article 1: turn off 2, 3 and 8;
Express points 11 and 12 as follows: ' 11) legal education: any specific occupation in particular, organized education of program structure and level of the Republic of Latvia, other Member States of the European Union and the European Free Trade Association Member States determine the regulations and approved and controlled by the authorized bodies for this purpose;
12) the regulated profession in the Republic of Latvia: the regulated professional activity or regulated professional activities in the legal professions, as well as other Member States of the European Union and the European Free Trade Association Member States of the regulated professional activity or regulated professional activities that initiation and pursuit of national law according to the required professional qualifications requirements; ";
turn off 14.
3. in article 2:4 of the first paragraph be supplemented paragraph after the words "Member States of the European Union" by the words "and the European Free Trade Association Member States";
Add to sixth after the words "recognition" by the words "and to the citizens of the Swiss Confederation".
4. Make article 9 the third paragraph as follows: "(3) medical training clinical and practical part (also in the residency) of treatment referred to in this article and will exercise the profession specialty hospital and the medical people that regulations prescribed have acquired rights to educate the medical people."
5. Express article 10 the first paragraph by the following: "(1) the right of any Person under the laws of a specific competence to carry out independent professional medical profession certify diplomas of higher education accredited full time medical study programmes and the inclusion of a medical person in the register of persons. Personal practice law in one of the medical profession in the substantive field, apakšspecialitāt, or papildspecialitāt for certifying higher education diploma accredited full time medical courses in learning, certificates of professional qualification obtained treatment in the procedure prescribed by law, and the inclusion of a person in the register of persons of treatment. "
6. Express article 33 the following: ' article 33. Abroad for the recognition of professional qualifications (1) a Person that professional qualifications acquired abroad may apply for the recognition of professional qualifications in regulated professions in the Republic of Latvia, where the professional activity is comparable to professional activities it has carried out in their home country.
(2) acquired abroad for the recognition of professional qualifications enables the person concerned to initiate independent professional activities in the Republic of Latvia in the regulated profession.
(3) acquired abroad for the recognition of professional qualifications in the Republic of Latvia, the following foreign countries obtained of the system for the recognition of professional qualifications: 1) a special system for the recognition of professional qualifications;
2) the General system for the recognition of professional qualifications;
3) the recognition of professional qualifications on the basis of the applicant's professional experience. "
7. Article 34: make the first paragraph by the following: "(1) a special system for the recognition of professional qualifications shall apply: 1) the regulated professions, in which the professional qualification requirements shall be defined for the Republic of Latvia to binding international treaties, that is, the following professions: a) to maritime occupations, b) civil aviation and airport worker professions;
2) in the Member States of the European Union for the purposes set out minimum requirements for the training and professional qualification certificate, corresponding to the Member States of the European Union or the European Free Trade Association Member States competent authorities issued staff and supporting documents that are determined in accordance with article 36 of this law 5 and 6 point or directly applicable European Union legislation on the recognition of professional qualifications in the field , the following: (a) the regulated professions) architect, b), c) doctor dentist, pharmacist, e d)) nurse (General care nurse), f), (g)) the veterinarian a midwife;
3) practice in the recognition of the rights of a Member State of the European Union or the European Free Trade Association Member States Attorney wants the Republic of Latvia to practise under his home-country professional title;
4) following the regulated professions to which the Member States of the European Union has laid down common minimum requirements for education and professional qualification certificate, if the applicant's educational and professional qualifications of the supporting documents have been obtained in the Member States of the European Union or the European Free Trade Association Member States and represents the minimum requirements have been met: (a) a motor vehicle drivers), (b)) for the transport of dangerous goods safety adviser (Advisor), c) transport of dangerous goods vehicle drivers;
5) for Member States of the European Union and the European Free Trade Association Member States competent authorities issued documents proving the applicant's competence in international freight transport operation management, operation of international passenger transport in inland navigation freight transport operation management and domestic passenger transport operations. ';
turn off third and fourth.
8. Article 35: make the first paragraph by the following: "(1) the General system for the recognition of professional qualifications shall apply: 1) article 34 of this law referred to in the first subparagraph, if the applicant's profession education and professional qualifications in the supporting documents do not comply with article 34 of this law;
2) in the Republic of Latvia of the other regulated professions ".

to supplement the first sentence of the third paragraph after the words "to nationals of the Member States of the European Union" by the words "and the European Free Trade Association Member States citizens, if their professional qualifications obtained in the Member States of the European Union or the European Free Trade Association Member States".
9. Supplement article 36, under paragraph 9 and 10 by the following: "9) Declaration on temporary provision of professional services in the Republic of Latvia in the profession to be regulated content, add documents, Declaration, examination, and restore order and regulated professions in Latvia where a temporary professional services provider qualification examination is carried out, as well as the following inspection procedures;
10) shall be determined by the Member States of the European Union and the European Free Trade Association Member States, professional organisations, which are issued by the vocational education and training qualifications are recognised in Latvia. "
10. Make the text of article 37 as follows: "(1) abroad for education and professional qualifications in the supporting documents, the applicant shall submit for the recognition of professional qualifications in law, must certify that the applicant has: 1) the educational and professional qualifications necessary to initiate and carry out independent professional activity in the profession in their home country;
2) applicant has acquired at least three years ' professional experience in the profession in a Member State of the European Union or the European Free Trade Association Member States, if the educational and professional qualifications certificates issued in a country other than the Member State of the European Union or the European Free Trade Association Member States and the applicant's professional qualifications already recognised in any of these countries.
(2) The first paragraph of this article of the foreign education and professional qualifications are recognised also documents of the Member States of the European Union and the European Free Trade Association Member States professional organizations issued in the vocational education and qualifications, if the right of the organizations to issue such attestations relating to the regulated professions are recognized in the European Union and the organization is established in accordance with article 36 of this law paragraph 10 or directly applicable European Union legislation on the recognition of professional qualifications in the field. "
11. Express article 39, second subparagraph by the following: "(2) If the regulated profession in practice is required by law or the terms of the cabinet authorized members of professional organisations and vocational training provided for formal qualifications, the person whose professional qualifications recognised in accordance with the procedure laid down in this Act, shall have the right to use the said organization of professional or skilled supporting names and abbreviations only if it is taken in this organization."
12. Replace article 40 paragraph 1, sixth subparagraph, the words "European economic area" with the words "Member States of the European Free Trade Association.
13. Express article 42 in the following: ' article 42. Temporary professional activity regulated professions acquired abroad with education and professional qualifications in the supporting documents (1) a Person whose home State is a Member State of the European Union or the European Free Trade Association Member States and services originating in a Member State of the European Union or the European Free Trade Association Member States, considered temporary providers of professional services in the Republic of Latvia to the regulated professions, if the professional skills adequate for professional activity in the profession in the Republic of Latvia has a limited duration , frequency and volume terms, a person's residence in the Republic of Latvia is not permanent and pursues a permanent professional activities in their home country.
(2) a temporary professional services provider does not require education and vocational evidence of formal qualifications in accordance with the procedure laid down in this Act, but, the first time instituted a temporary provision of professional services in the Republic of Latvia, is obliged to notify the authority which issued the certificate of recognition of professional qualifications for regulated professions concerned. This obligation enforceable by submitting a declaration for the temporary provision of professional services. Providing emergency medical assistance or other professional skills appropriate for their service, that immediacy is determined by the special conditions, the Declaration may be submitted as soon as possible after the provision of the service.
(3) of this article the Declaration referred to in the second subparagraph shall be updated not less frequently than once a year, if short-term professional service provider provides during that period several times to provide temporary professional services. The Declaration must be renewed if the information provided is significantly changed, or changes in the documents annexed to the Declaration.
(4) a temporary professional services provider regulated profession in the Republic of Latvia has the same rights and obligations in the provision of services as citizens of the Republic of Latvia who perform permanent professional activities regulated professions concerned. Temporary professional service provider subject to the laws of the Republic of Latvia to the statutory conditions of good practice and professional conduct requirements even if they differ from his home State. If a temporary professional services provider violates the relevant laws, rules, called him to the Latvian legislation and the relevant responsibilities set out in his home country institutions send information on these proceedings, giving them the opportunity to participate in the procedure, as well as inform these institutions of the decisions taken.
(5) the Cabinet of Ministers established professions and fine body issuing the certificate of recognition of professional qualifications, have the right to make temporary professional services provider of professional qualification examination, before the service is provided in the Republic of Latvia for the first time, to ensure that the service provider's professional qualifications.

(6) the qualifying examination may be carried out only in regulated professions in which unskilled temporary professional services provider can threaten the health of a recipient of services and security. Background checks are not conducted and temporary professional service provider's professional qualifications considers appropriate, if the service provider's educational and professional qualifications of the supporting documents comply with this law, article 34 paragraph 2 of the first paragraph.
(7) a temporary Authorization for the provision of professional services and qualification examination or decision not to make background checks of temporary professional services provider announces the month of Declaration and accompanying documents, the date of receipt. If a temporary professional services provider has added a declaration to all the necessary documents or need to request further information from his home State, a decision may be extended by the administrative procedure law for a period not exceeding three months following receipt of the Declaration.
(8) after the issue of the authority issuing the certificate of recognition of professional qualifications, recorded temporary professional service provider, if the regulated profession in the Republic of Latvia in accordance with the laws and regulations require registration in professional organization or registry, or send the decision, of the Declaration and accompanying documents, copies of the institution carrying out the temporary registration.
(9) temporary professional services provided through the home-country professional title. Specifies the name of the service provider's country of residence and added to it a translation of the Latvian language. If a temporary professional service provider in the country of the service does not have a professional name, providing a temporary professional services, use the professional qualifications of the service provider's name in his home country language and its translation into Latvian language added.
(10) if the professional services temporarily in the Republic of Latvia in the regulated profession is provided through the home-country professional title or name of professional qualifications, temporary professional services provider is obliged to provide the recipient with the following information: 1) the provider's registration number, or equivalent means of identification in the commercial home State or equivalent national register, specifying the name of the registry;
2) service provider of the supervisory authority the name and address of the host country;
3) the professional association or register name in which the service provider is registered;
4) the service provider's professional title or professional title;
5) the provider's registration number with the value added tax to taxable persons registered in the home country, if the service provider is a value added tax payer;
6) professional liability insurance or an equivalent professional liability warranty.
(11) If a temporary professional service provider's educational and professional qualifications of supporting documents have been checked in the fifth subparagraph, of this article in accordance with the procedure laid down, he temporary professional services provided through the Republic of Latvia to the regulated profession concerned and the specific professional title. "
14. Turn off the article 43 of the third subparagraph of paragraph 3 and 4.
15. Make the text of article 44 the following: "(1) abroad for education and professional qualifications in the Republic of Latvia to the regulated professions, in application of the General system for the recognition of professional qualifications, as well as on the basis of the applicant's professional experience, are recognized in determining the applicant's educational and professional qualifications in compliance with the requirements laid down in the Republic of Latvia is regulated the profession concerned, according to the following criteria: 1) the applicant's educational and professional qualifications in the Republic of Latvia in conformity with the requirements laid down in respect of the level of education the content and nature of the (regulated or non-regulated education), as well as on the duration of training;
2) applicant's education and professional skills for professions or professional status, country of residence regulated or non-regulated profession or professional activity;
3) the applicant's professional experience and way to home country;
4) tenderers, members of the European Union or the European Free Trade Association, a Member State of the home country of the competent authority for the statement that education was recognized as appropriate in the home state of the profession concerned. The proof required in the following cases: (a)) of the applicant's educational and professional qualifications not obtained in a formal host country which is a Member State of the European Union or the European Free Trade Association Member States, (b)) the applicant's educational and professional qualifications of supporting documents do not conform to the home country, as it has increased the requirements for acquisition of professional qualifications in the profession.
(2) the General system for the recognition of professional qualifications, the application of the educational and professional qualifications of the supporting documents are divided into the following levels: 1) level 1 — supporting documents at least four years of education programs learning higher education degree and, if necessary, is complemented by the professional qualifications of the supporting documents;
2) level 2 — supporting documents for at least three to four years of education programs learning higher education degree and, if necessary, is complemented by the professional qualifications of the supporting documents;
3) level 3 — documents proving that experience at least one of the following programs: a program of vocational training), of a duration of at least one year after the secondary education programme learning required to initiate studies in higher education, b) structures the curriculum secondary education degree c) vocational secondary education programme learning is required to initiate studies in the higher education degree;

4) 4th level, the document, which certifies the vocational training programme learning secondary education degree, which does not give the right to initiate studies in the higher education degree and is topped with a probationary or professional practice which is part of such training programmes;
5) 5th level — documents that get education or practical work skills in at least one of the following ways: (a)) elementary education or general secondary education in General, b) vocational training program for basic grade and other education for which the acquisition will not be issued 1, 2, 3, or 4. level of education document, c) Special Exam administration without previous education, d) for at least three years of continuous full-time employment or part-time employment for the duration of the profession in the last 10 years.
(3) the applicant's professional qualifications recognised in the following cases: 1) the documents submitted by the applicant meets the requirements set out in the corresponding profession in the Republic of Latvia of the professional activities concerned the regulatory laws;
2) the applicant may offset the significant differences in the nature of education, content and level under the Cabinet of Ministers laid down additional requirements for the recognition of professional qualifications in the profession for which the General system for the recognition of professional qualifications;
3) the applicant's professional experience and is consistent with the Cabinet defined the duration of professional experience and build on the professions, the recognition of professional qualifications on the basis of the applicant's professional experience;
4 the documents submitted by the applicant) partially meets requirements prescribed for this profession in the Republic of Latvia of the professional activities concerned the regulatory law, but confirms the acquisition of education programs, content and duration of which are not significantly different from that prescribed in the Republic of Latvia, and they are no more than one in the second paragraph of this article, the specific level in the profession for which the General system for the recognition of professional qualifications;
5 the documents submitted by the applicant) certifies that the Member States of the European Union or professional organisations concerned and the European Commission recognised professional qualification criteria for complex (common platform) to compensate for the significant differences in the education and professional qualification requirements. "
16. off 44.1 article.
17. Article 45: make the first paragraph by the following: "(1) the applicant's educational and professional qualifications is significantly different from the corresponding regulated profession in the Republic of Latvia to the requirements in the following cases: 1 for education of the applicant) is more than one year shorter than that prescribed in the Republic of Latvia;
2) applicant's learning school subjects (course of study) and continuing education course content is substantially different from that prescribed in the Republic of Latvia or for education does not include all subjects (study courses) in familiarity, which is essential when carrying out professional activity in the profession in the Republic of Latvia;
3) regulated profession which the applicant wishes to carry out professional activities in the Republic of Latvia, includes one or more regulated professional activities which are not included in the profession of his home country, and such professional activity or activities in the Republic of Latvia to learn such subjects (study courses) that are not included in the resulting education of the applicant;
4) applicant's country of residence is not a regulated profession, and submitted by the tenderer staff and supporting documents were issued on the unregulated education. ";
to turn off the second paragraph, the words "of this article, in the case referred to in the first paragraph";
replace the third paragraph, the words "educational content and its extracting duration" with the words "professional qualifications".
18. Article 48: put the name of the article as follows: "article 48. The architect for the recognition of professional qualifications ";
adding to the third paragraph after the words "Member State of the European Union" by the words "or of the European Free Trade Association Member States";
to make the fourth subparagraph by the following: "(4) in article 34 of this law, and the second and third subparagraphs the following documents at the recognition procedure, by the institutions issuing the certificate of recognition of the qualifications of the profession, and by the recognition of a qualification certificate gives the right to an independent professional activity of the profession in the Republic of Latvia."
in the fifth subparagraph, replace the words "the European Commission's Advisory Committee on education and training in the field of architecture" with the words "the European Commission's Committee on the recognition of professional qualifications".
19. in article 49: make the name of the article as follows: "article 49. The recognition of professional qualifications in medical, veterinary and pharmaceutical professions ";
turn off the second part of the introductory paragraph and the third paragraph, the words "to nationals of the Member States of the European Union";
to make the fourth and fifth by the following: "(4) in article 34 of this law and the first paragraph of this article documents the procedure of recognition by the authorities that issued the certificate of qualification recognition in the regulated professions, and by the recognition of a qualification certificate gives the right to an independent professional activity in the first part of this article, in particular the regulated professions in the Republic of Latvia.
(5) an applicant wishing to obtain a doctor's or dentist's substantive field of the profession, apakšspecialitāt or papildspecialitāt or apakšspecialitāt of the diplomas of dental or other relevant qualification certificates, which are not assigned to his home country, must meet the requirements of the relevant professional qualification laid down in the Republic of Latvia. Information institutions and institutions that issue the certificate of recognition of professional qualifications, the person concerned shall assess the educational content and duration on the basis of the diplomas, certificates and other evidence of formal qualifications, and, taking into account the person's professional experience and professional development education in medicine, inform that person of the required papildmācīb the duration and content. "
20. off article 50.
21. in article 52: article name to express the following:

"article 52. The recognition of professional qualifications in other professions in the field of transport ";
make the first part of the introductory paragraph as follows: "(1) in the Republic of Latvia recognised in the Member States of the European Union and the European Free Trade Association member countries issued diplomas, certificates and other evidence of formal qualifications which meet the requirements of this Act and is recognised in the European Union, following the transport professions:";
replace the second paragraph, the words "to nationals of the Member States of the European Union" with the word "applicant";
adding to the third paragraph after the words "Member States of the European Union" by the words "and the European Free Trade Association Member States".
22. Article 53: make the name of the article as follows: "article 53. The Member States of the European Union and the European Free Trade Association Member States lawyers rules of professional practice in the Republic of Latvia ";
to supplement the first subparagraph following the words ' of the Member States of the European Union "by the words" and the European Free Trade Association Member States ";
replace the first paragraph, the words "recognized in the European Community" with the words "recognized in the European Union";
Add to the introductory part of the fourth paragraph after the words "Member States of the European Union" by the words "the European Free Trade Association Member States";
Supplement fifth after the words "Member States of the European Union" by the words "and the European Free Trade Association Member States";
Add to sixth after the words "the Republic of Latvia to the practitioners of the Member States of the European Union" by the words "and the European Free Trade Association Member States".
23. Article 54: to supplement the first subparagraph following the words ' of the Member States of the European Union "by the words" or the European Free Trade Association Member States ";
replace the first paragraph, the word "certificate" with the word "document";
to turn off the second part;
adding to the third paragraph after the words "Member State of the European Union" by the words "or of the European Free Trade Association Member States" and after the words "Member State of the European Union" by the words "or the European Free Trade Association Member States";
turn off the fourth and fifth.
24. Add to article 56, the second subparagraph of paragraph 3 with the following: "3) participates in the European Commission on the recognition of professional qualifications in the work of the Committee."
25. To complement the informative reference to directives of the European Union by 29 the following: "29) of the European Parliament and of the Council of 7 September 2005 of Directive 2005/36/EC on the recognition of professional qualifications (text with EEA relevance)".
The Parliament adopted the law on 17 July 2008.
President Valdis Zatlers in Riga V 2008 July 30 Editorial Note: the law shall enter into force on 13 august 2008.

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