Law (2016:145) On The Recognition Of Professional Qualifications

Original Language Title: Lag (2016:145) om erkännande av yrkeskvalifikationer

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Read the untranslated law here: http://rkrattsbaser.gov.se/sfst?bet=2016:145

/Entry into force: 04/15/2016

Purpose and scope of section 1 of this Act are carried out general provisions of European Parliament and Council Directive 2005/36/EC of 7 september 2005 on the recognition of professional qualifications, in wording pursuant to European Parliament and Council directive 55/EU (the qualification directive).



Special provisions implementing parts of the qualification directive, which concerns only certain regulated professions are contained in the statutes in which the exercise of these occupations are regulated.



section 2 of this Act contains provisions on the temporary mobility and on the recognition of professional qualifications for those wishing to pursue a regulated profession in Sweden, as an employee or as self-employed persons, and who have acquired professional qualifications or got them recognized in another State within the European economic area (EEA) or in Switzerland.



In paragraphs 18 and 19, there are also provisions of 1. recognition of professional experience made in another State within the EEA or in Switzerland, and 2. European professional card for those wishing to pursue a regulated profession in another State within the EEA or in Switzerland.



section 3 of this Act do not apply to the wishing to pursue a regulated profession that 1. does employment in the public service, or 2. is associated with the public exercise of power.



section 4 of this Act do not apply to a regulated profession if in another law or Constitution, there are special provisions on the recognition of professional qualifications for the profession, and if the rules are based on other binding acts adopted within the European Union than the qualification directive.



This law also does not apply to the legal profession. Provisions regarding the profession carries out qualification directive in the relevant parts of the code of judicial procedure.



Expression of the law, § 5, for the purposes of this law 1. professionals: the wishing to pursue a regulated profession in Sweden, as an employee or as self-employed persons, and who have acquired professional qualifications or got them recognized in another State within the EEA or in Switzerland, 2. "regulated profession": a professional activity which, by law, regulation or other regulations, directly or indirectly, require specific professional qualifications for access to or exercise of the activities or any form of this or use a specific job title ,



3. "professional qualifications": qualifications attested by evidence of formal qualifications, an attestation of competence or professional experience, 4. qualifications: a diploma, certificate or other evidence of formal qualifications which have either been issued by a public authority or body designated by a State within the EEA or Switzerland and who refers to a vocational education mainly took place in any of these States or issued in another State if the holder has three years ' professional experience in the profession concerned in a State in the EEA or in Switzerland and the proof has been recognized by the State, 5. qualification: a certificate issued by a public authority or body designated by a State within the EEA or Switzerland and who proposes a) a training course not forming part of a certificate or diploma of an education in the primary school, secondary school or post-secondary education, b) a specific test that is not preceded by any training, or c) occupation in a country in the EEA or in Switzerland full-time for three consecutive years or part-time in the corresponding time in the last 10 years, 6. professional experience: the actual and lawful pursuit of the profession concerned in a country in the EEA or in Switzerland, 7. regulated education and training ": any training which is specifically geared to the pursuit of a given profession and which comprises a course or courses complemented, where appropriate, by such professional training, or probationary or professional practice which has been established in the Constitution or which are monitored or approved by an authority, 8. practical training : a period of practical training which takes place under supervision, provided that it constitutes a condition of access to a regulated profession, and which takes place during or after the completion of training leading to a diploma, 9. EPC: electronic proof either that the holder meets all the conditions for temporary profession in a country in the EEA or in Switzerland or to the holder's professional qualifications have been recognised before establishment in such a State , 10. automatic recognition: recognition of professional qualifications, without assessment of the content, or comparison with the Swedish qualifications, 11. legally established: that meets all requirements in order to practise a profession and permanently exercise the profession as an employed or self-employed person, 12. common training framework: a set of minimum requirements for knowledge, skills and competencies required to practise a particular profession and which comes in several States within the EEA as well as, where appropriate, in Switzerland, and 13. joint training tests: a standardized aptitude tests which are available in several States within the EEA as well as, where appropriate, in Switzerland and is reserved for the holder of a special professional qualification.



Temporary mobility in Sweden 6 § professionals entitled to temporarily pursue a regulated profession in Sweden, if the practitioner is legally established in a State of the EEA or in Switzerland to pursue the same profession and the profession is regulated in the Member State of establishment.



If the profession is not regulated in the Member State where the practitioner is legally established, implies the right to temporarily pursue a regulated profession in Sweden that the professional has exercised the profession for at least one year in one or more other States in the EEA or in Switzerland during the 10 years preceding the exercise of the profession in Sweden.



Professional experience referred to in the second subparagraph may not be required as a condition for temporary mobility in Sweden, if the training leading to the profession is regulated in the Member State of establishment.



section 7 of the temporary mobility according to paragraph 6, in those cases where specifically provided for, a prior notification from the professional and a prior check of his qualifications.



Provisions on prior notification, prior control, supervision and disciplinary measures for temporary occupation, see the constitutions which the profession is regulated.



Establishment in Sweden the meaning of a professional recognition section 8 in recognition of professional qualifications in the cases referred to in paragraphs 10-16 gives the professional rights of access to a regulated profession in Sweden which the practitioner is authorized to practise in another country within the EEA or in Switzerland and thus entitled to exercise that profession on the same conditions as if the practitioner had acquired their professional qualifications in this country.



The recognition referred to in the first subparagraph is made by decision of 1. recognition of professional qualifications, or 2. the issue of a European professional card, provided that the European Commission has adopted implementing acts about professional card.



The General system for the recognition of professional qualifications, the provisions of section 9, sections 10 and 11 of the General system for the recognition of professional qualifications applicable to all regulated professions not covered by any other scheme for recognition under this Act and for the professionals who do not qualify for any other order for recognition under this Act.



section 10 A professional qualifications to be recognised if the practitioner holds the attestation of competence or evidence of formal qualifications required by another State within the EEA or Switzerland access to or pursuit of the profession in its territory, and the profession is regulated in the State.



A professional qualifications must also be recognised: yrkesutöva-clean 1. have one or more attestations of competence or evidence of formal qualifications issued by a State of the EEA or Switzerland and the profession is not regulated in the State, and 2. full time in one year or part-time during the corresponding period in the last ten years has exercised the profession in another State within the EEA or in Switzerland and the profession is not regulated in that Member State.



Professional experience referred to in the second subparagraph 2 shall not be required as a precondition for the recognition of evidence of formal qualifications referred to in the second subparagraph 1 applies to a regulated education and training.



section 11 of the recognition under section 10 requires an assessment of professional qualifications. Assessment may, in the cases specifically provided for, lead to the recognition of professional qualifications is conditioned, restricted or denied.



Automatic recognition of professional experience in the case of concerted demands on professional experience section 12 If a profession is regulated only by requiring knowledge and skills of General, commercial or professional nature for access to or the exercise of any of the activities listed in annex IV to the professional qualification directive, should a professional work experience that involves the exercise of the activity in another State within the EEA or in Switzerland in accordance with article 17 , 18 or 19 of the qualification directive be recognised automatically.



Automatic recognition of professional qualifications in the coordinated training requirements, section 13 A professional qualifications giving right to a State of the EEA or in Switzerland exercise professional activities of pharmacists, midwives, doctors, medical specialists, nurses responsible for general care, dental practitioner,


dentist or dental specialist, will be automatically recognised in the cases provided for in the regulations that have been issued in connection with the patient safety Act (2010:659).



section 14 of the professional qualifications of The professionals who provide the correct that in another State within the EEA or in Switzerland to exercise gainful employment as a veterinarian, will be automatically recognised in the cases provided for in the regulations that have been issued in connection with the Act (2009:302) if activities in animal health care.



Automatic recognition for common training principles



15 § the professional qualifications of professionals to be recognized automatically if the practitioner has a proof of professional qualifications acquired on the basis of a common educational framework that has been established in a delegated Act, adopted by the European Commission under article 49a of the qualification directive.



The first subparagraph applies only if Sweden has introduced the common educational framework.



section 16 of the professional qualifications of The professionals to be recognized automatically if the professional qualifications have been approved in another State within the EEA or in Switzerland at a joint training tests whose contents were determined in a delegated Act, adopted by the European Commission under article 49b in the qualification directive.



The first paragraph is only applicable if the joint education exam are also organized in Sweden.



Knowledge of Swedish language section 17 in determining whether a professional qualifications to be recognised, practitioner knowledge of Swedish language be taken into consideration only if the knowledge is part of the professional qualifications.



Knowledge of Swedish language which do not form part of the professional qualifications shall, unless otherwise provided in the regulations, where the exercise of the profession is regulated, only checked on it in the individual case is serious and concrete question that a professional has the skills in the Swedish language required for the profession. Such verification may be carried out only after the professional qualifications have been recognised.



Professional practice section 18 if the person who has acquired professional qualifications in Sweden to pursue a regulated profession in this country that requires specific training, practical training conducted in another State within the EEA or in Switzerland shall be recognised in Sweden if the prerequisites for practical training are met as set out in the regulations where the profession is regulated.



European professional card section 19 of The legally established in Sweden and want to pursue a regulated profession in another State within the EEA or in Switzerland are entitled to apply for a European professional card. The right to apply for an EPC also applies to anyone who is not legally established in any State in the EEA or in Switzerland but who have acquired professional qualifications in Sweden.



A European professional card issued in the cases set out in regulations issued in connection with this Act.



The first and second subparagraph only applies if the European Commission has adopted implementing acts relating to the profession, in accordance with Article 4a of the qualification directive.



Other provisions provisions on Privacy section 20 of the confidentiality of data relating to the cases on the recognition of professional qualifications, see Chapter 28. 16 a of the disclosure and secrecy (2009:400).



Appropriations section 21 of the Government or the authority that the Government may announce additional rules necessary for the implementation of the qualification directive and the implementing acts, delegated acts adopted pursuant to the directive.



Decision-making procedure and regulatory information section 22 of the Government or the authority that the Government can, with the support of Chapter 8. section 7 of the Constitution provide for 1. procedure for decision under this Act, and 2. the authorities which carry out the various functions required by the qualification directive and the implementing acts, delegated acts adopted pursuant to the directive.