Act No. 105 / 2011 Coll.

Act amending Act No. 96 / 2004 Coll., on the conditions for obtaining and recognising eligibility for the pursuit of non-medical medical professions and for carrying out activities related to the provision of medical care and amending certain related laws (Act on non-medical medical professions), as amended, and Act No. 634 / 2004 Coll., on administrative fees, as amended

Valid Effective from 22.04.2011
105
THE LAW
of 25 March 2011
amending Act No 96 / 2004 Coll., on the conditions for obtaining and recognising eligibility for the pursuit of non-medical medical professions and for carrying out activities related to the provision of medical care and amending certain related laws (Act on non-medical medical professions), as amended, and Act No 634 / 2004 Coll., on administrative fees, as amended
Parliament has decided on this law of the Czech Republic:

ČÁST PRVNÍ

Amendment to the Act on Non-Medical Medical Professions
Čl. I
Act No. 96 / 2004 Coll., on the conditions for obtaining and recognising eligibility for the pursuit of non-medical medical professions and for the pursuit of activities related to the provision of medical care and amending certain related laws (Act on non-medical health professions), as amended by Act No. 125 / 2005 Coll., Act No. 111 / 2007 Coll., Act No. 124 / 2008 Coll., Act No. 189 / 2008 Coll. and Act No. 227 / 2009 Coll., is amended as follows:
1. Paragraph 4 (3) reads as follows:
"(3) The pursuit of an profession without direct management or professional supervision (hereinafter referred to as" the pursuit of a profession without professional supervision ') shall be considered to be the pursuit of activities for which a health professional is competent and for which he has obtained a certificate for the pursuit of a health profession without professional supervision (Title VI); that law and implementing legislation lay down the activities which a health professional may carry out without an indication which he carries out on the basis of an indication and which are under the direct direction of a doctor, dentist or pharmacist. Part of the profession without professional supervision is also a control activity under another legislation (7).'
2. In Article 4 (6) (b), in the part of the sentence after the semicolon, the words "and without certification to pursue a medical profession without professional supervision (Title VI) 'are inserted after the word" supervision'.
3. In Article 9 (2), "(d) 'is replaced by" (e)';
4. In Article 13 (2), "(c) 'is replaced by" (d)';
5. In the first sentence of Paragraph 14 (2), "(c) 'is replaced by" (c) or (d)'.
6. In Paragraph 17 (1) (c), "1994 'is replaced by" 2004'.
7. In the first sentence of Article 17 (2), "(b) 'is replaced by" (c)'.
8. in Paragraph 18, the following paragraph 3 is inserted after paragraph 2:
"(3) A medical professional who has acquired professional competence in the field of intensive care and has been a member of an exit group of medical emergency care services for at least half a week's working time for 5 years in the last 6 years shall also have the professional competence to pursue the profession of medical emergency care. '
Paragraph 3 shall become paragraph 4.
9. Paragraph 29 (3) reads as follows:
"(3) The provision of nursing care under the professional supervision of a general nurse or midwife shall be deemed to be the profession of medical assistant; nursing care associated with self-serving and satisfying the essential needs of patients may be carried out by a medical assistant without professional supervision. In addition, the medical assistant, in cooperation with the doctor, is involved in preventive, therapeutic, rehabilitation, urgent, diagnostic and dispensary care."
10.
„§ 42
Professional competence to pursue the profession of orderly
(1) The professional competence to pursue the profession of an orderly is obtained by completing an accredited medical qualification course.
(2) Furthermore, natural persons who have completed part of their studies in accredited medical study programmes carried out by higher education institutions under another legislation (2), or in higher vocational medical or secondary education institutions, shall have the professional competence to pursue the medical profession of a sanitaire.
(a) 3 semesters of the accredited medical master's general medical degree programme and successfully passed nursing examinations under that programme;
(b) 2 semesters of an accredited medical bachelor's study programme for the preparation of general nurses or midwives or health paramedics or the relevant training programme at a higher vocational medical school;
(c) 3 years of study or 4 years of long-term studies at a secondary medical school in the field of medical assistant or 2 years of four-year studies or 3 years of long-term studies at a secondary medical school in the field of nurse, nurse, nurse or general nurse or 1 year of two years of post-secondary qualification studies or secondary education for secondary school graduates in the field of nurse, nurse, female nurse or midwife.
(3) An auxiliary activity in the provision of health care under the supervision or direct direction of a health professional qualified to pursue the profession without professional supervision shall be considered to be an occupation of an orderly. ';
11. in Article 54 (1) (f), the word "or" shall be replaced by "the development of a standard or a new procedure;"
12. in Article 54 (1), the following point (g) is inserted after point (f):
"(g) e-learning course, or."
Point (g) shall be renumbered as point (h).
13. in Paragraph 54 (4), "(a) and (b)" shall be replaced by "(a) to (d)";
14. in Paragraph 54 (7), "paragraph 2" is replaced by "paragraph 3";
15. in Paragraph 61 (1), the word "medical" shall be inserted after the words "for narrowly defined";
16. in Paragraph 67 (2) (b) (2), "6 years" is replaced by "10 years."
17. in Paragraph 67 (3), "6 years" is replaced by "10 years."
18. In Paragraph 68 (1), "6 years' is replaced by" 10 years';
19. Paragraph 69, including the title, reads:
„§ 69
Extension of the certificate
The validity of the certificate shall be extended for a further period of 10 years, provided that the health professional applies for an extension not later than 60 days before the expiry of the certificate and provides evidence as referred to in Article 67 (2) (b) (2) or (3). A medical professional who has submitted an application under the first sentence shall be deemed to be fit to pursue the profession without professional supervision until the date on which the decision to extend the certificate becomes final. ';
20. In Paragraph 71, the sentence "The Ministry may entrust the organisation of the examination to the organisation shall be added at the end of paragraph 9. ';
21. in Paragraph 90 (2) (d), the words "and education" shall be inserted after the words "study."
22. in Paragraph 90 (2) (e), the word "description" shall be deleted;
23. Paragraph 91 (6) reads as follows:
"(6) List
(a) accredited medical Master's and Bachelor's courses carried out by universities; and
(b) training programmes for higher professional health schools;
The Ministry shall publish in a manner that allows remote access. The lists referred to in the first sentence shall include the name of the school and field, the eligibility acquired, the duration of accreditation and the date of issue of the Ministry's opinion. ';
24. After Paragraph 91a, the following Section 91b is inserted:
„§ 91b
Hardness removal
(1) The Minister for Health, upon written request from a health professional or another professional, may decide to remove hardness in cases of:
(a) a qualification to pursue a medical profession; or
(b) the issue of a certificate for the pursuit of a medical profession without professional supervision under Title VI.
(2) The request must be substantiated. it may be lodged after the proper remedies have been exhausted in accordance with the administrative rules.
(3) The decision to remove hardness is given in writing and does not need to state reasons.
(4) The decision on the application referred to in paragraph 1 shall be final; they are not subject to general administrative rules. ';
Čl. II
Transitional provisions
1. Health professionals who, under Act No. 96 / 2004 Coll., as effective until the date of entry into force of this Act, have acquired professional competence for the pursuit of the profession of general sanitary, hygienist for the operating room, hygienist for the laboratory and transfusion department, sanitary for medical care facilities, sanitary for the spa and medical rehabilitation, sanitary for the autopic department or sanitarian for the autopsy, shall, as from the date of entry into force of this Act, be medical professionals with professional competence for the pursuit of the profession of the sanitation.
2. The procedure for the issue of a certificate for the exercise of a medical profession without professional supervision or for the extension of the certificate for the exercise of a medical profession without professional supervision, which has not been definitively completed by the date of entry into force of this Act, shall be completed in accordance with Act No. 96 / 2004 Coll., as effective by the date of entry into force of the Act. The period of validity of certificates issued in accordance with the first sentence shall be extended by 4 years.
3. For medical certificates without professional supervision valid on the date of application of this Act, the period of validity shall be extended by 4 years.

ČÁST DRUHÁ

Amendment of the Administrative Charges Act
Čl. III
In Part I, item 7 of the Annex to Act No. 634 / 2004 Coll., on Administrative Charges, as amended by Act No. 189 / 2008 Coll., point (a), including footnote 9, read:
„a) nebo o prodloužení osvědčení k výkonu zdravotnického povolání bez odborného dohledu podle zvláštních právních předpisů o způsobilosti k výkonu zdravotnických povolání9) Kč 100,-
9) Act No. 95 / 2004 Coll., on the conditions for obtaining and recognising professional competence and specialised competence for the exercise of the medical profession of doctor, dentist and pharmacist, as amended. Act No. 96 / 2004 Coll., on the conditions for obtaining and recognising eligibility for the pursuit of non-medical medical professions and for carrying out activities related to the provision of medical care and amending certain related laws (Act on non-medical medical professions), as amended. '

ČÁST TŘETÍ

EFFECTIVE
Čl. IV
This Act shall take effect on the day of its publication.
Germany
Klaus v. r.
Nausea v. r.

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Regulation Information

CitationAct No. 105 / 2011 Coll., amending Act No. 96 / 2004 Coll., on the Conditions of Acquisition and Recognition of Eligibility for the Purchasing of Non-Medical Medical Professions and on Activities related to the Provision of Health Care and on the Amendment of Certain Related Acts (Act on Non-Medical Medical Professions), as amended, and Act No. 634 / 2004 Coll., on Administrative Charges, as amended
Regulation Type-
Author-
CollectionCode of Laws
Date of Promulgation22.04.2011
Effective from22.04.2011
Effective until-
Status Valid
The regulation text is for informational purposes only.
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