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RS 811.117.3 Order of 15 October 2008 concerning the register of academic medical professions (Ordinance concerning the LPMed register)

Original Language Title: RS 811.117.3 Ordonnance du 15 octobre 2008 concernant le registre des professions médicales universitaires (Ordonnance concernant le registre LPMéd)

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811.117.3

Guidelines for the Register of Medical Professions

(LPMed Registry Ordinance)

15 October 2008 (State 1 Er January 2015)

The Swiss Federal Council,

See art. 51, para. 5, of the Federal Act of 23 June 2006 on University Medical Professions (LPMed) 1 ,

Stops:

Section 1 General provisions

Art. 1 Purpose

1 This order governs the administration, content and use of the Register of Medical Professions (Medical Professions Register).

2 The Register of Medical Professions contains data relating to persons in the following academic medical professions:

A.
Physicians;
B.
Dentists;
C.
Chiropractors;
D.
Pharmacists;
E.
Veterinarians.
Art. 2 Purpose

The Register of Medical Professions contains data concerning the holders of postgraduate degrees and diplomas according to the LPMed. It serves the following purposes:

A.
Patient information and protection;
B.
Quality assurance;
C.
Statistics;
D.
Establishment of medical demography;
E.
Foreign service information;
F.
Simplification of the procedures necessary for the granting of cantonal authorisations to practise;
G.
Application of the Federal Act of 18 March 1994 on Medicare (LAMal) 1 .

Art. 3 Registry Administration and Coordination

1 The Federal Office of Public Health (OFSP) administers the Register of Medical Professions.

2 It coordinates its activities with data providers for the medical professions registry and with the users of the standard interface. 1

3 It assigns individual rights of access to the register of medical professions and the corresponding passwords.


1 New content according to the c. I of the O of 28 Nov 2014, in force since 1 Er Jan 2015 ( RO 2014 4657 ).

Section 2 Data Providers and Content

Art. 4 Medical Professions Commission

The Medical Professions Commission (MEBEKO) registers the following data relating to persons in the medical professions:

A.
Name, first name (s), previous name (s);
B.
Date of birth and sex;
C.
Language of correspondence;
D.
Place (s) of origin and nationality (s)
E.
AVS insured number;
F.
Type of degree (federal degree, diploma recognized or equivalent according to LPMed, other);
G.
Federal degree, date and place of graduation;
H.
Foreign degree recognized under s. 15, para. 1, LPMéd, date of graduation, place and country where the diploma was awarded, date of recognition of the diploma by the Medical Professions Commission;
I. 1
Certificate of equivalency for diplomas referred to in s. 36, para. 3, LPMéd, date of establishment, place and country where the diploma was issued, the date on which the Medical Professions Commission issued the certificate of equivalency;
J.
Type of post-graduate title (federal post-graduation title, recognized or equivalent according to LPMed, other);
K.
Foreign postgraduate title recognized under s. 21, para. 1, LPMéd, date of establishment of the title, place and country where the title was issued, date of the recognition of the title by the Medical Professions Commission;
L. 2
Certificate of equivalency for the post-graduate titles referred to in s. 36, para. 3, LPMéd, date of establishment, place and country where the post-grade title was issued, the date on which the Medical Professions Commission issued the certificate of equivalency;
M.
Identification number for persons in the medical professions (GLN 3 ).

1 New content according to the c. I of the O of 28 Nov 2014, in force since 1 Er Jan 2015 ( RO 2014 4657 ).
2 New content according to the c. I of the O of 28 Nov 2014, in force since 1 Er Jan 2015 ( RO 2014 4657 ).
3 The abbreviation "GLN" means "Global Location Number" .

Art. 5 OFSP

The OFSP recorded in the register:

A.
Whether or not there are sensitive data within the meaning of s. 7, para. 3;
B.
The words "radiated" in accordance with s. 54, para. 1 and 2, LPMed and the date of the mention;
C.
The date of death;
D. 1
...

1 Introduced by c. 6 of the Annex to the O of 26 January 2011 on the Business Identification Number ( RO 2011 533 ). Repealed by c. I of the O of 28 Nov 2014, with effect from 1 Er Jan 2015 (RO) 2014 4657).

Art. 6 Post-graduate training organizations

1 The organisations responsible for the post-graduation training courses for the university medical professions (post-graduate training organisations) include the following data:

A.
Type of post-graduate title (federal post-graduation title, recognized or equivalent according to LPMed, other);
B.
Federal post-grades referred to in Annexes 1 and 2 to the order of 27 June 2007 concerning diplomas, university training, postgraduate training and the exercise of academic medical professions 1 ;
C.
Date and place of establishment of the post-grade title.

2 The organisation of postgraduate training of doctors is responsible for the registration of postgraduate qualifications in private law, which are necessary for the invoicing of benefits, according to LAMAL 2 , as well as their date of issue, as per Schedule 2.

3 Post-graduate training organizations that wish to do so may register other postgraduate private-law qualifications.


Art. 6 A 1 Federal Office for Food Safety and Veterinary Affairs

The Federal Office for Food Safety and Veterinary Affairs (FVO) registers the certificates of capacity of "official veterinarian" and "official veterinarian" in the register in accordance with Art. 1 of the order of 16 November 2011 concerning basic training, qualifying training and in-service training for persons working in the public veterinary service 2 .


1 Introduced by ch. I of the O of 28 Nov 2014, in force since 1 Er Jan 2015 ( RO 2014 4657 ).
2 RS 916.402

Art. 7 Cantons

1 The competent cantonal authorities shall record in the register of medical professions the following data concerning authorisations to practice independently: 1

A.
The canton which has granted authorisation to practice;
B.
The legal basis under which the authorisation to practice has been granted;
C.
The status of the authorisation to practice (authorisation granted, no authorisation, declaration of departure), with the corresponding date;
D.
Where applicable, the end date of the authorization to practice;
E.
The opening date of the firm or establishment and the date of its closure (optional);
F.
The announcement of benefit providers who have the right to practise for 90 days under s. 35 LPMed; start and end dates of benefits (optional);
G.
Whether or not a person practising the medical profession of human medicine, dentistry, pharmacy or chiropractil is entitled to charge for compulsory health care insurance;
H.
Technical, temporal or geographical restrictions or expenses under s. 37 LPMs, descriptions, start dates and, where applicable, end of restrictions or charges;
H Bis . 2
The right or not for a person exercising a medical profession to practice propharmacy according to the cantonal law;
H Ter . 3
Any observations concerning the propharmacy within the meaning of s. H Bis ;
I. 4
The right or not for a person in a medical profession to practice the pharmacy in accordance with s. 66, para. 2, let. C, of the order of 25 May 2011 on the control of narcotic drugs (OCStup) 5 ;
J.
Any comments regarding the pharmacy in accordance with the provisions of the Act; i;
K. 6
The extent of the authorization to obtain, store, prescribe, use or submit narcotic drugs under s. 75, para. 1, OCStup;
L.
Any comments regarding the use of narcotic drugs on a professional basis. K;
M.
The address or addresses of the firm or institution (street, NPA, location);
N.
Telephone and fax numbers of the office or institution (optional);
O.
E-mail address (optional).

2 They may also record in the register the data referred to in para. 1, relating to persons engaged in a medical profession subject to the authorization to practice under cantonal legislation.

3 They report to the FOPH the following sensitive data concerning persons engaged in an independent medical profession:

A.
The restriction on the authorisation, withdrawal or refusal of the authorisation to practice as well as the date and reason for the restriction, withdrawal or refusal;
B.
The lifting of restrictions and its date;
C.
The warning, date and ground of the warning;
D.
The blame, date and motive of the blame;
E.
The conviction to a fine, the amount, the date and the reason for the amendment;
F.
The temporary ban on practising on an independent basis, the start and end dates and the reason for the temporary ban;
G.
The definitive prohibition of practice on an independent basis for all or part of the scope of activity, the date and the reason for the definitive ban.

1 New content according to the c. I of the O of 28 Nov 2014, in force since 1 Er Jan 2015 ( RO 2014 4657 ).
2 Introduced by c. I of the O of 28 Nov 2014, in force since 1 Er Jan 2015 ( RO 2014 4657 ).
3 Introduced by c. I of the O of 28 Nov 2014, in force since 1 Er Jan 2015 ( RO 2014 4657 ).
4 New content according to the c. I of the O of 28 Nov 2014, in force since 1 Er Jan 2015 ( RO 2014 4657 ).
5 RS 812.121.1
6 New content according to the c. I of the O of 28 Nov 2014, in force since 1 Er Jan 2015 ( RO 2014 4657 ).

Art. 7 A 1 Federal Statistics Office

The Federal Statistics Office reports the Business Identification Number (BRO) in the Register of Medical Professions.


1 Introduced by ch. I of the O of 28 Nov 2014, in force since 1 Er Jan 2015 ( RO 2014 4657 ).

Section 3 Rights and obligations of data providers and users 2

Art. 8 1 Rights and obligations of data providers

The rights and obligations of data providers are set out in Annex 1.


1 New content according to the c. I of the O of 28 Nov 2014, in force since 1 Er Jan 2015 ( RO 2014 4657 ).

Art. Data processing monitoring

1 Each data provider shall ensure that data processing in its field is carried out in accordance with the requirements in force.

2 In particular, it shall ensure that only accurate, complete and up-to-date data are entered in the register of medical professions or communicated to the competent service.

Art. 10 Announcement and archiving of sensitive data

1 The cantonal authorities declare to the OFSP the existence of sensitive data concerning a person practising an independent medical profession by submitting a request for modification in the register of medical professions.

2 The OFSP provides them with a form, which they use to communicate the detailed data through a secure link.

3 The OFSP archives these data in a safe place, separately from the register of medical professions. 1


1 New content according to the c. I of the O of 28 Nov 2014, in force since 1 Er Jan 2015 ( RO 2014 4657 ).

Art. 11 Communication of OFSP-sensitive data to cantonal authorities

1 The cantonal authorities responsible for the granting of authorisation to practice may request information on sensitive data by submitting a request electronically to the Office.

2 The OFSP communicates sensitive data to the cantonal authorities by means of a secure link within three working days.

Art. 12 Communication of sensitive data to persons in the medical professions

1 Any person in a medical profession may apply to the FOPH for information on sensitive data concerning him or her by submitting an electronic request.

2 It can request a user name and password from the OFSP for this purpose.

3 The FOPH shall communicate to the data subject sensitive data concerning him or her by means of a secure link.

Art. 13 1 Communication of public data

1 Public data are identified and identified as such in Appendix 1.

2 They are available online or on request.


1 New content according to the c. I of the O of 28 Nov 2014, in force since 1 Er Jan 2015 ( RO 2014 4657 ).

Art. 13 A 1 Access by Standard Interface

1 The OFSP makes available to the following users a standard interface allowing them to access data designated as public:

A.
Data providers;
B.
Public or private services responsible for legal tasks or who can attest that they fulfil a task of public interest.

2 Data providers have access via the standard interface only to the data they need to perform their duties under the LPMed.

3 Public or private services within the meaning of Art. 1, let. B, have access via the standard interface only to the data they need to perform their tasks. Access is granted only upon written request.

4 The FOPH publishes on the Internet the list of services within the meaning of Art. 1, let. B, which have data through the standard interface.


1 Introduced by ch. I of the O of 28 Nov 2014, in force since 1 Er Jan 2015 ( RO 2014 4657 ).

Art. 14 Data Change

1 Data providers are responsible for updating the data they register or re-refer to the Medical Professions Register under s. 4 to 7 A . 1

2 Data providers must verify the accuracy of requests for changes made by third parties.

3 All amendments are recorded in minutes.


1 New content according to the c. I of the O of 28 Nov 2014, in force since 1 Er Jan 2015 ( RO 2014 4657 ).

Art. 15 Communication of changes by persons in the medical professions

1 Individuals in the medical professions may report inaccurate or missing data to the service responsible for recording data by submitting an electronic change request to the register.

2 They need a username and password for this purpose.

Art. 16 Archiving

The OFSP archives the data.

Art. 17 Cancellation and elimination of entries in the register

The elimination and anonymization of entries shall be made in accordance with Art. 54 LPMéd. The FOPH shall take the necessary steps to ensure the cancellation and elimination of registrations within the prescribed time limit.

Section 4 Special provisions

Art. 18 1 Technical Responsibility and Cost Allocation

1 The OFSP ensures the programming, operation and development of the database.

2 It supports costs that are not covered by emoluments.

3 The costs of connection to the standard interface and the necessary technical adaptations are borne by the data providers.


1 New content according to the c. I of the O of 28 Nov 2014, in force since 1 Er Jan 2015 ( RO 2014 4657 ).

Art. 18 A 1 Emoluments

1 Users of the standard interface referred to in s. 13 A , para. 1, let. B, pay the following fees, calculated according to the time spent processing their application:

A.
A single fee of up to 3000 francs for the processing of their application and the programming advice of the standard interface, including the certificate and the training of users; and
B.
An annual fee of 5000 francs for technical assistance, renewal of the certificate, extension of the server's capacity and control of data quality.

2 Users who are also data providers are exempt from the obligation to pay fees.

3 For the rest, the General Order of 8 September 2004 on emoluments 2 Is applicable.


1 Introduced by ch. I of the O of 28 Nov 2014, in force since 1 Er Jan 2015 ( RO 2014 4657 ).
2 RS 172.041.1

Art. 19 1

1 Repealed by c. I of the O of 28 Nov 2014, with effect from 1 Er Jan 2015 ( RO 2014 4657 ).

Art. Technical and organizational measures

1 All services participating in the Register of Medical Professions shall take organisational and technical measures in accordance with the data protection provisions so that the personal data for which they are responsible cannot Not lost, processed, accessed or used by unauthorized persons.

2 ... 1


1 Repealed by c. I of the O of 28 Nov 2014, with effect from 1 Er Jan 2015 ( RO 2014 4657 ).

Section 5 Abuse and diversion

Art.

Anyone who interfered with the functioning of the register of medical professions would be punished with a fine of up to 10,000 francs.

Section 6 Entry into force 3

Art. 1

1 Repealed by c. I of the O of 28 Nov 2014, with effect from 1 Er Jan 2015 ( RO 2014 4657 ).

Art. ... 1

This order shall enter into force on 1 Er November 2008.


1 Repealed by c. I of the O of 28 Nov 2014, with effect from 1 Er Jan 2015 ( RO 2014 4657 ).

Annex 1 1

(art. 8)

Rights and obligations of data providers

Content and access:

A Registration, modification, reading

B Possible change request

C Read

I Open online access (Internet: www.medreg.admin.ch)

O Open Access on Demand

S Sensitive Personal Data

Empty No Access

X Mandatory content

Y Optional content

Data Providers:

MEBEKO Medical Professions Commission

OFSP Service of the Federal Office of Public Health responsible for administering the registry

FMH Federation of Swiss Physicians

PharmaSwitzerland Swiss Society of Pharmacists

SSO Swiss Society of Medical Practitioners

ASC Swiss Chiropractors Association

SVS Swiss Veterinary Society

OFS Federal Statistics Office

FVO Federal Office for Food Safety and Veterinary Affairs

Cantons Cantonal Authorities/All Cantonal Authorities responsible for granting licences to practice

Medical Professions Register Data Fields

Content and access

Responsible Data Provider

Content

Online free access (Internet)

Open Access on Demand

Sensitive Personal Data

MEBEKO

OFSP

FMH

Pharma Switzerland

SSO

ASC

SVS

Cantons

OFS

OSAV

Basic personal data:

Medical Professions Identification Number (GLN)

X

I

A

A

C

C

C

C

C

B

C

C

Business Identification Number (BRO)

Y

I

C

B

B

B

B

B

B

B

A

B

First name (s), name

X

I

A 2

A 3

B

B

B

B

B

B

B

B

Previous names

X

O

B

A

B

B

B

B

B

B

B

B

Date of birth

X

O

A

A

B

B

B

B

B

B

B

B

Gender

X

I

A

A

B

B

B

B

B

B

B

B

Language of correspondence

X

O

A

A

B

B

B

B

B

B

B

B

Original Location (s)

X

O

A

A

B

B

B

B

B

B

B

B

Nationality (s)

X

I

A

A

B

B

B

B

B

B

B

B

AVS insured number

X

O

A

A

C

Presence of sensitive data according to art. 7, para. 3 (yes/no)

X

S

A

B

"Radiated" statement and date of reference

X

S

A

B

Date of death

X

O

C

A

B

B

B

B

B

B

B

B

Data on degrees:

Type of degree (federal title, recognized diploma, equivalent or other)

X

O

A

A

C

C

C

C

C

B

C

C

Federal title with date of issue

X

I

A

A

C

C

C

C

C

B

C

C

Foreign degree recognized with date of issue and date of recognition by Switzerland

X

I

A

A

C

C

C

C

C

B

C

C

Certificate of equivalence for diplomas referred to in s. 36, para. 3, LPMed with the date of the grant of the diploma and date of the certificate of equivalence granted by Switzerland

X

I

A

A

C

C

C

C

C

B

C

C

Place where the diploma was awarded

X

O

A

A

C

C

C

C

C

B

C

C

Countries where the diploma was issued

X

I

A

A

C

C

C

C

C

B

C

C

Post-grade education data:

Type of post-grade title (federal post-graduation title, recognized, equivalent or otherwise)

X

O

A

A

A 4

A 5

A 6

A 7

C

B

C

C

Federal post-graduate title with date of issue

X

I

C

B

A

A

A

A

C

B

C

C

Foreign post-graduation title recognized under s. 21, para. 1, LPMed with date of issue and date of recognition by Switzerland

X

I

A

A

C

C

C

C

C

B

C

C

Certificate of equivalency for the post-graduate titles referred to in s. 36, para. 3, LPMed with the date of the grant of the diploma and date of the certificate of equivalence granted by Switzerland

X

I

A

A

C

C

C

C

C

B

C

C

Place where post-grade title has been issued

X

O

A

A

A

A

A

A

C

B

C

C

Country where post-grade title has been issued

X

I

A

A

A

A

A

A

C

B

C

C

Certificate of "official veterinarian" and "official veterinarian" with date of issuance

X

I

C

B

C

C

C

C

C

B

C

A

Place where the certificate of capacity was issued

X

O

C

B

C

C

C

C

C

B

C

A

Countries where the certificate of capacity has been issued

X

I

C

B

C

C

C

C

C

B

C

A

Certificate of Private-Law Capacity as per Schedule 2, with Date of Issue

X

I

C

B

A

C

C

C

C

B

C

C

Post-graduate training title or certificate under the regulations for post-graduate training (RFP) and date of issue

Y

I

C

B

A

A

A

A

A

B

C

C

In-depth private training certificate under the RFP and date of issue

Y

I

C

B

A

A

A

A

A

B

C

C

Supplementary private law training certificate under the RFP and date of issue

Y

I

C

B

A

A

A

C

A

B

C

C

Certificate of technical fitness of private law according to the RFP and date of issue

Y

I

C

B

A

A

C

C

A

B

C

C

Data concerning the authorization to practice independently and the obligation to advertise to benefit providers:

Township that granted authority

X

I

C

B

B

B

B

B

B

A

C

B

Legal basis for the exercise of the profession (LPMed, on an independent basis; cantonal law, depending on professional responsibility/under supervision)

X/ Y 8

O

C

B

B

B

B

B

B

A

C

B

Status of the authorisation to practice (granted, no authorisation, declaration of departure, retirement)

X

I

C

B

B

B

B

B

B

A

C

B

Date of decision on status

X

I

C

B

B

B

B

B

B

A

C

B

Where applicable, date of restriction of the authorisation to practice

Y

O

C

B

B

B

B

B

B

A

C

B

Date of opening of the firm or establishment

Y

O

C

B

B

B

B

B

B

A

C

B

Close date of firm or establishment

Y

O

C

B

B

B

B

B

B

A

C

B

Announcement of service providers pursuant to s. 35 LPMed

X

I

C

B

B

B

B

B

B

A

C

B

Announcement Date

X

I

C

B

B

B

B

B

B

A

C

B

Delivery Start and End Dates

Y

O

C

B

B

B

B

B

B

A

C

B

Right to charge for compulsory health care insurance (AOS) (yes/no /no press release)

Y 9

O

C

B

B

B

B

B

B

A

C

B

Scope of authorization to use narcotic drugs on a professional basis

X

I

C

B

B

B

B

B

B

A

C

B

Comments regarding authorization to use narcotic drugs on a professional basis

X

O

C

B

B

B

B

B

B

A

C

B

Data concerning contact details of the firm or institution:

Address (s) of the firm or institution (street, NPA, location)

X

I

C

B

B

B

B

B

B

A

B

B

Telephone and fax number (s) of the firm or institution

Y

I

C

B

B

B

B

B

B

A

B

B

Email Address

Y

O

C

B

B

B

B

B

B

A

B

B

Right to practice pharmacy (yes/no /no press release)

X

I

C

B

B

B

B

B

B

A

B

B

Comments on the right to practice pharmacy

Y

O

C

B

B

B

B

B

B

A

B

B

Data on loads and restrictions:

Technical restriction (s), time (s) or geographical (s) or charges under s. 37 with description

X

O

C

B

B

B

B

B

B

A

C

C

Start date and, if applicable, end of restriction (s) or load (s)

X

O

C

B

B

B

B

B

B

A

C

C


1 New content according to the c. II of the O of 28 Nov 2014, in force since 1 Er Jan 2015 ( RO 2014 4657 ).
2 The MEBEKO captures the personal data of persons in the medical professions who hold a federal title or diploma.
3 The FOPH captures the personal data of persons in the medical professions who are active and whose degree is prior to 1984.
4 The post-graduate training organization FMH captures federal post-graduate titles.
5 The organization of pharma-Swiss post-graduate training captures federal post-graduate titles.
6 The post-graduate training organization (SSO) captures federal post-grade titles.
7 The post-graduate training organization ASC captures federal post-graduate titles.
8 Registration in the register of authorisations to practice granted under cantonal legislation and related data is optional.
9 This information relates to all persons in the medical professions, according to the LPMed, except for veterinarians.


State 1 Er January 2015

Annex 2 1

(art. 6, para. 2)

Post-rank qualifications of private law under the Care Insurance Benefits Order of September 29, 1995 2

The following complementary training certificates of private law FMH in human medicine are eligible for the invoicing of the compulsory health care insurance (if this qualification is sanctioned by a title, it must Be registered):

-Acupuncture-Traditional Chinese Medicine (ASA)

-Anthroposophical Medicine (ASMOA)

-Pharmacotherapy of Traditional Chinese Medicine (TCM)

-Homemopathy (SSMH)

-Phytotherapy

-Graf's Hip Sonography in Newborn and Infants (MUMS)

-Prenatal Ultrasonography (MUMS)


1 New content according to the c. II of the O of 28 Nov 2014, in force since 1 Er Jan 2015 ( RO 2014 4657 ).
2 RS 832.112.31


State 1 Er January 2015