Read the untranslated law here: http://www.boe.es/buscar/doc.php?id=BOE-A-2015-8442
He article 34 of the law 16 / 2003, of 28 of mayo, of cohesion and quality of the system national of health, provides that the training and the development of the competition technical of them professional health must guide is to it improves of the quality of the system national of health.
For his part, law 44/2003, of 21 November, management of the health professions, regulates basic aspects of the health professions owned, in what refers to its exercise or self-employed, whether the profession is exercised in the public health services or within the scope of private health.
In article 36 of that law referred the accreditation certificates and Diplomas of advanced accreditation as an instrument to certify the level of training achieved by a professional in a specific functional area of a certain profession or specialty care to accredited continuing education activities carried out by the person concerned in the respective functional area.
He development of new figures of recognition of the training continued of them professional health graduates is especially relevant in the line of advance in the quality of such training, enhancing the relationship and coherence of them activities of training continued and configuring programs that strengthen travels linked to the since of work.
He system of accreditation of the training continued already has been developed by the Real Decree 1142 / 2007, of 31 of August, by which is determines the composition and functions of the Commission of training continued of them professions health and is regulates the system of accreditation of training continued, standard that integrates the development regulatory of the chapter IV of the title II of the law 44 / 2003 , 21 November, relating to further training.
The establishment now of a normative development which will enable joint certificates of accreditation and accreditation advanced Diplomas should be assessed as a significant opportunity to strengthen the value of continuing education as an element of effective and solid recognition that contributes to strengthening the capacity of the professional in the resolution of the problems of practice in a particular functional area.
(The Commission of training continued of them professions sanitary, according to it designated in the article 34.4. e) of the law 44 / 2003, of 21 of November, has proposed them procedures, criteria and requirements for the accreditation and the accreditation advanced of professional health, object of this real Decree, having received report favorable of the full of the Commission of resources human of the system national of health. In the elaboration of this Royal Decree have informed the Advisory Committee of the national health system, the plenary of the Council inter-territorial of the system national's health as well as the Spanish Agency of data protection.
By virtue, on the proposal of the Minister of health, social services and equality, with the prior approval of the Minister of finance and public administration, in accordance with the Council of State and after deliberation by the Council of Ministers at its meeting of July 10, 2015, HAVE: CHAPTER I provisions general article 1. Object and scope of application.
(1. object of this real Decree: to) Regular them Diplomas of accreditation and them Diplomas of accreditation advanced as instruments to certify the level of training reached by a professional health in an area functional specific of a certain profession or specialty, in attention to the activities of training continued accredited that has developed the interested in the area functional corresponding.
(b) determine the criteria and the procedure for the creation of them Diplomas of accreditation and of the Diplomas of accreditation advanced.
(c) establish the requirements and the procedure for the obtaining and the renewal of them Diplomas of accreditation and of them Diplomas of accreditation advanced.
2 this Royal Decree is applicable in what refers to professional practice, both in public and private health providers, a: to) health professionals with the branch of health science degree or title of specialist in Health Sciences concerning the law 44/2003, of 21 November, management of the health professions.
(b) the professional health to is concerns the available additional seventh of it law 33 / 2011, of 4 of October, General of health public.
Article 2. Definitions.
For the purposes of this Royal Decree, means: to) Diploma of accreditation: credential that certifies that the healthcare professional has reached competencies and training requirements in a specific functional area for a specified period of time.
(b) Diploma of accreditation advanced: credential that certifies that the professional health has reached them skills advanced and the requirements of training continued established in an area functional specific that admit and requires a practice professional of greater qualification, for a period determined of time.
(c) functional area: professional organizational space arising from the grouping of jobs common nature in terms of the objective of study that develop, the specialization of their attributed functions and characteristics of professional activities that are assumed.
(d) the activity of accredited continuing education: the formative activity that holds the credential from a recognized accrediting agency which is to certify the number of credits granted to such activity.
Article 3. General characteristics of the Diplomas of accreditation and accreditation advanced Diplomas.
1. the Diplomas of accreditation and them Diplomas of accreditation advanced is issued by the administrations public health and will have character official and validity in all the territory national.
These Diplomas will be issued in Spanish, while in the autonomous communities with a co-official language may be issued in a single document drafted in both languages and typeface of equal rank.
(2. the design of them Diplomas must contemplate, at least, the following paragraphs: to) degree health of the professional that it holds.
(b) designation of Diploma of accreditation or accreditation Advanced Diploma.
(c) identification of the health professional.
(d) the period of validity of the Diploma.
3 certificates of accreditation and accreditation advanced Diplomas will have a validity of five years. However, the Committee on human resources of the national health system (hereinafter Commission RR.) HH) motivated report of the Committee on continuing education of the national system of health (in later CFC), may include in the proposal for a Diploma valid in attention to the characteristics of the object in the same functional area.
4. the accreditation certificates and Diplomas of advanced accreditation will be of exclusive use by the professional who holds them.
5. these Diplomas will not lead to confusion with the name of other titles, nor nor with functions that can be covered in the training programmes of each specialty and other applicable regulations, appropriate exercise to qualified specialists in health sciences.
CHAPTER II creation of Diplomas accreditation and the diploma of advanced accreditation article 4. Identification of the need for creation of a Diploma of accreditation or accreditation Advanced Diploma.
Corresponds to the CFC function to identify the need for creation of a Diploma of accreditation or a Diploma accreditation advanced pursuant to article 34.4. to) Law 44/2003, of 21 November, and in article 4.2. e) of the Royal Decree 1142 / 2007, 31 August, by which determines the composition and functions of the Committee on continuing education in the health professions and regulates the system of accreditation of training continued.
Article 5. Creation of a Diploma of accreditation or of a Diploma of accreditation advanced.
1. the need of create a Diploma of accreditation or a Diploma of accreditation advanced must come justified by needs professional, developments technological, new modalities care, needs organizational of the administrations sanitary and/or criteria of quality care and of security for the patient.
2 identified the need for creation of a Diploma of accreditation or accreditation Advanced Diploma, the CFC will formulate, in accordance with the provisions of article 7.1 of Royal Decree 1142 / 2007, 31 August, a proposal for creation of the Diploma corresponding to the plenary of the Committee of RR. HH. that it rise to the Council inter-territorial of the system national of health (in forward CISNS) for its approval, following it established in the articles 38 and 71 of the law 16 / 2003, of 28 of mayo, of cohesion and quality of the system national of health.
(3. it proposed of the CFC will go accompanied of the justification of the need of create the Diploma of accreditation or the Diploma of accreditation advanced to which is concerns the paragraph 1 and must contain, necessarily, them following aspects: to) the title of the Diploma of accreditation or of the Diploma of accreditation advanced, delimiting, it more clearly possible, the area functional proposed and them competencies to acquire.
(b) the differential elements of the functional area identified with respect to other already defined functional areas and, where appropriate, with respect to areas of specialties or pre-existing specific training areas.
(c) the professions health that may access and obtain the Diploma of accreditation or the Diploma of accreditation advanced corresponding.
(d) a description detailed and ranked of them domains competence specific to the performance in the area functional corresponding and, in the event of them any, of those procedures or technical own of the area functional.
((e) the requirements for obtaining, program and/or contents, validity of the diploma, as well as the procedure and the requirements for its renewal, which will include, in the case provided for in article 28.8. f) of law 44/2003, of 21 November, the mandatory report which, if any, should issue the National Commission for the corresponding specialty.
Subject to the foregoing, the FCC proposal may also incorporate the following considerations or variables: number of professionals affected by and, whenever possible, disaggregation by sex; frequency of pathologies, processes or procedures that occur in the area functional to which affects; scope in terms of riesgo-seguridad of the patient; complexity of care; and cost of the process.
Article 6. Publication of the agreement for creation of a Diploma of accreditation or accreditation Advanced Diploma.
The creation of a Diploma of accreditation or a Diploma accreditation advanced agreed by the CISNS will be published in the «Official Gazette» by order of the titular person of the Ministry of health, social services and equality.
CHAPTER III obtaining and renewal of certificates of accreditation and the diploma in advanced accreditation article 7. Requirements for the obtaining and renewal of accreditation of Diplomas.
(1. them requirements for the obtaining and renewal of a Diploma of accreditation, that is shall require of form alternative or of form cumulative according to is determined in the agreement of creation of the same, will be them following: to) accredit, in them last ten years, a minimum of two years of practice professional in the set of tasks included in them skills object of accreditation , within the activity of your since of work, with evaluation of the performance positive so certified in the system national of health by the institution health or society scientific corresponding with arrangement to its rules of procedure. Also, performance in international health institutions will be valued.
Such certification shall specify the dates in which the professional has played successfully them competencies object of accreditation.
(b) provide evidence of acquisition, in the last five years, of the competencies defined in the Diploma of accreditation through various training activities accredited and specifically related to the knowledge, skills and attitudes described in the table of competences required for the award of the Diploma.
(c) provide those others evidence that is determined by each community autonomous with regard to the acquisition, in them last five years, of them powers defined in the Diploma of accreditation to purpose of the performance and the development professional in relation to stays training, teaching, tutorials, papers, thesis and/or projects of research.
Article 8. Requirements for the obtaining and renewal of the Diplomas of accreditation advanced.
The requirements for obtaining and renewal of a certificate of accreditation advanced, which will require Alternatively or cumulatively as determined in the creation of the same agreement, shall be the following: to) prove, in the past five years, a minimum of three years of professional practice with the Diploma of accreditation in that functional area and positive performance evaluation thus certified in the national health system by the health care institution or society corresponding scientific pursuant to its rules of procedure. Equally, it will assess the performance in institutions Health International.
Such certification shall specify the dates in which the professional has played successfully them competencies object of accreditation.
There is no a Diploma of accreditation in that functional area, the requirement of professional practice for a minimum of three years, in the last five, it will be in the set of tasks included in competitions subject to advanced accreditation.
(b) provide evidence of acquisition, in the last five years, of the competencies defined in the Diploma of advanced accreditation through various training activities accredited and specifically related to the knowledge, skills and attitudes described in competences of this Diploma.
(c) provide other those evidence to be determined by each autonomous community in terms of the acquisition, in the past five years, of the competencies defined in the Diploma of accreditation advanced with regard to the performance and professional development training stays, teaching, tutorials, papers, theses or research projects.
Article 9. Procedure for obtaining a Diploma of accreditation or accreditation Advanced Diploma.
The application for the obtaining a Diploma of accreditation or accreditation Advanced Diploma will be processed within the scope of the respective health service which the applicant exercised his profession and in accordance with the procedure established by the competent authority.
The application shall be accompanied by documentation proving compliance with the requirements that, for the award of the diploma, will be established in the creation of the same agreement.
Article 10. Procedure for the renewal of a Diploma of accreditation or accreditation Advanced Diploma.
1. an application for the renewal of a certificate of accreditation or a Diploma of advanced accreditation, which will have to be made within the three months immediately preceding the final date of validity of the diploma, will be processed within the scope of the respective health service which the applicant exercised his profession and in accordance with the procedure established by the competent authority.
The application of renewal must go accompanied of the documentation that accredits the compliance of them requirements that, for the renewal of the diploma, is established in the agreement of creation of the same.
2. the submission of an application for renewal of a certificate of accreditation or accreditation Advanced Diploma will be the extension of its validity as long as the procedure is not resolved.
Article 11. Incorporation of the Diplomas of accreditation and the Diplomas of advanced accreditation in the State Register of health professionals.
In accordance with the provisions of paragraph k) article 5 of Royal Decree 640/2014, of 25 July, which regulates the State Register of health professionals, the accreditation certificates and Diplomas that healthcare professionals have advanced accreditation will be incorporated into the register.
First additional provision. Health professionals who perform their activity in the territory of the autonomous cities of Ceuta and Melilla.
In the case of health professionals who perform their activity centres and institutions under the National Institute of health management will be this organism which exercise competences which, according to this Royal Decree, correspond to sanitary public administrations.
For the rest of health professionals who perform their activity in this territory, such powers shall be exercised by administrative organ which corresponds in each of the autonomous cities.
Provision additional second. No increase of the expenditure public.
The measures included in this Royal Decree will be served with ordinary budgetary allocations and may not expect endowments or remuneration of other staff costs increase.
Provision additional third. Merits to accredit in processes of provision of jobs.
Once created an accreditation Diploma or a Diploma accreditation advanced and in order to contribute to increasing security assurances of assistance to patients, may preversesu contribution as professional merit for access to certain jobs.
The Commission of RR. HH. of the CISNS agreed, to proposed of them administrations health of them communities autonomous or of the Ministry of health, services social and equality, the relationship of Diplomas of accreditation and of Diplomas of accreditation advanced whose contribution can be planned as merit Professional by the normative corresponding in them systems of provision of squares.
Available end first. Title competence.
This real Decree is dictates based on them powers that attributed to the State the article 149.1.1. ª of the Constitution Spanish, on regulation of them conditions Basic that ensure the equality of all them Spanish in the exercise of them rights and in the compliance of them duties constitutional, and the article 149.1.16. th, in matter of bases and coordination general of the health.
Second final provision. Entry in force.
This Royal Decree shall enter into force the day following its publication in the "Official Gazette".
Given in Madrid on July 10, 2015.
The Minister of health, social services and equality, ALFONSO ALONSO ARANEGUI
Search Translated Laws of Spain