Act No. 201 / 2017 Coll.
Act amending Act No 96 / 2004 Coll., on the Conditions for the Acquisition and Recognition of Eligibility for the Purchasing of Unmedical Medical Professions. and on the Activities related to the Provision of Health Care and on the Amendment of Certain Related Acts (Act on Unmedical Medical Professions. c., as amended, and Act No 95 / 2004 Coll., on the Conditions for the Acquisition and Recognition of Professional Proficiency and Specialised Eligibility for the Perception of Medical, Dental and Pharmaceutical Services, as amended
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01.09.2017
12.07.2017
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201
THE LAW
of 8 June 2017
amending Act No 96 / 2004 Coll., on the conditions for the acquisition and recognition of competence 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 medical professions), as amended, and Act No 95 / 2004 Coll., on the conditions for the acquisition and recognition of professional competence and specialised competence for the pursuit of the medical profession of a physician, dental practitioner and pharmacist, as amended
Parliament has decided on this law of the Czech Republic:
Amendment to the Act on Non-Medical Medical Professions
Act No. 96 / 2004 Coll., on the conditions of acquisition and recognition of competence for the pursuit of non-medical health professions and for the pursuit of activities related to the provision of health care and the amendment of 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., Act No. 227 / 2009 Coll., Act No. 105 / 2011 Coll., Act No. 346 / 2011 Coll., Act No. 375 / 2011 Coll., and Act No. 126 / 2016 Coll., is amended as follows:
1. In Paragraph 1 (1), the words "the rights of the European Communities (1) 'are replaced by the words" the European Union (1)'.
Footnote 1:
"(1) Directive 2005 / 36 / EC of the European Parliament and of the Council of 7 September 2005 on the recognition of professional qualifications, as amended by Council Directive 2006 / 100 / EC, Council Directive 2013 / 25 / EU and Directive 2013 / 55 / EU of the European Parliament and of the Council. Council Directive 2003 / 9 / EC of 27 January 2003 laying down minimum standards for the reception of asylum seekers. Council Directive 2003 / 86 / EC of 22 September 2003 on the right to family reunification. Council Directive 2003 / 109 / EC of 25 November 2003 concerning the status of third-country nationals who are long-term residents. Council Directive 2004 / 83 / EC of 29 April 2004 on minimum standards to be met by third-country nationals or stateless persons in order to apply for the status of refugee or person in need of international protection for other reasons and the content of the protection granted. Council Directive 2005 / 71 / EC of 12 October 2005 on a special procedure for the admission of third-country nationals for the purposes of scientific research. Council Directive 2004 / 81 / EC of 29 April 2004 on residence permits for third-country nationals who are victims of trafficking in human beings or have received assistance for illegal immigration and who cooperate with the competent authorities. Directive 2004 / 38 / EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States, amending Regulation (EEC) No 1612 / 68 and repealing Directives 64 / 221 / EEC, 68 / 360 / EEC, 72 / 194 / EEC, 73 / 148 / EEC, 75 / 34 / EEC, 75 / 35 / EEC, 90 / 364 / EEC, 90 / 365 / EEC and 93 / 96 / EEC. Council Directive 2004 / 114 / EC of 13 December 2004 on the conditions for admission of third-country nationals for the purposes of studies, exchanges of pupils, unpaid training or voluntary service. Council Directive 2001 / 55 / EC of 20 July 2001 on minimum standards for the granting of temporary protection in the event of a mass influx of displaced persons and on measures to ensure a balance between Member States in making efforts to receive such persons and the consequences thereof. ';
2. In Article 2 (a), the words "palliative care, pharmacy care and clinical and pharmaceutical care," shall be inserted after the words "therapeutic rehabilitation care."
3. in Article 2 (d):
"(d) an accredited Bachelor's study programme accredited under the Higher Education Act or its possible field of study; for the purposes of this Act, the accredited Bachelor's study programmes carried out by a university in the field or areas of education for which the College has institutional accreditation, as well as the fields of study in which universities carried out a fully integrated part of higher education before 1 January 1999; ';
4. In Article 2, the following points (e) and (f) are inserted after point (d):
"(e) an accredited master's study programme accredited under the Higher Education Act or any degree thereof; for the purposes of this Act, Master's study programmes carried out by a university in the field or areas of education for which the university has institutional accreditation, as well as the fields of study in which higher education was carried out before 1 January 1999 by higher education, regular study or basic study at university, shall be considered as accredited master's programmes;
(f) an accredited doctoral study programme accredited under the Act on Higher Education or its possible field of study; for the purposes of this Act, doctoral study programmes carried out by a university in the field or areas of education for which the university has institutional accreditation and the fields of study in which the higher education institutions had postgraduate studies before 1 January 1999 shall be considered as accredited doctoral programmes. ';
Points (e) to (n) shall be renumbered as points (g) to (p).
5. in Article 2 (g):
"(g) accredited medical Master's or Bachelor's Degree, accredited by Master's or Bachelor's Degree, as referred to in (d) or (e), for which the university has obtained a degree under the Higher Education Act
1. the opinion of the Ministry of Health (hereinafter referred to as "the Ministry") that graduates of a given field carried out on the basis of accreditation of the study programme will be adequately prepared to pursue a regulated health profession; or
2. authorisation by the Ministry on the basis of an authorisation resulting from institutional accreditation, issued in the event that graduates of a given field carried out on the basis of an institutional accreditation are adequately prepared to pursue a regulated medical profession; ';
6. in Article 2, point (k) is deleted;
Points (l) to (p) shall be renumbered as points (k) to (o).
7. in Article 2 (k):
"(k) by the entrusted organisation:
1. a legal person established by the Ministry or any other legal person entrusted by the Ministry to perform certain activities under this Act; or
2. the university or other legal person with whom the Ministry has concluded a public contract pursuant to Paragraph 95b for the purpose of transferring certain activities under this Act, '.
8. In Article 2, at the end of point (o), the dot is replaced by a comma and the following point (p) is added:
"(p) University of University3a), which carries out the relevant accredited medical Master's or Bachelor's degree."
9. in Article 3 (1) (a):
"(a) has a professional competence under this law or which has been recognised as fit to pursue a medical profession or another professional in accordance with the provisions of Title VII or VIII;"
10. In Section 3 (2) of the Introductory Part of the provision, the words "another practitioner 'are replaced by the words" another health service provider in the field of general medical practice'.
11. in § 3 (2) (b) (1):
"1. at the request of the administrative authority which has issued the authorisation to provide health services, if it is a health service provider authorised to provide health services without the provision of an expert representative, or of an expert representative, if provided for, ';
12. in Article 3 (2) (b), at the end of point 2, the dot is replaced by "or" and the following point 3 is added:
"3. at the request of the Ministry, if it is a medical worker under this law."
13. in Paragraph 3 (4) (a), the words "administrative office" are replaced by the words "administrative authority";
14. in Paragraph 3 (5):
"(5) The integrity is evidenced by an extract from the register of the Register of Crimes 24) or by a document proving compliance with the condition of integrity issued by the State of which the natural person is a citizen and by documents issued by States in which the natural person has remained continuously for more than 6 months in the last 3 years; an extract from the Register of Penalties and such documents shall not be more than 3 months old. Where the State referred to in the sentence does not issue a first extract of the criminal record or an equivalent document or cannot obtain it, the natural person shall submit a declaration of good repute. A stranger who is, or has been, a national of another Member State of the European Union or has or has had an address in another Member State of the European Union may, instead of an extract from a register similar to the Register of Penalties, provide proof of integrity with an extract from the Register of Penalties with an annex containing the information entered in the criminal record of another Member State of the European Union24). '
15. in Article 4 (1), the text "(Sections 56, 57 and 67)" is replaced by "Sections 56 and 57."
16. In the fifth sentence of Article 4 (2), the words "for the pursuit of the profession of health in the course of the acquisition of specialised competence under § 57, for the pursuit of the profession in the course of the completion of training under § 4a a 'shall be inserted after the words" not applicable'.
17. in the first sentence of Article 4 (3), the words "and for which he has obtained a certificate for the exercise of his profession without professional supervision (Title VI)" shall be deleted;
18. In Article 4 (3), in the part of the first sentence after the semicolon, the words "or a pharmacist 'are replaced by the words" a pharmacist, a clinical psychologist or a clinical logote'.
19. in Article 4 (4) and (5), the words "or pharmacist" shall be replaced by the words "pharmacist, clinical psychologist or clinical logoped."
20. in Article 4 (6) (a) and (b), the words "and the certificate for the exercise of the profession of health without professional supervision under Title VI" shall be deleted;
21. In Article 4 (6) (b), in the part of the sentence after the semicolon, the words "and without a certificate for the exercise of the profession of health without professional supervision (Title VI)" shall be deleted.
22. The following Section 4a is inserted after Section 4:
Discontinuation of the profession of health professional and other professional
(1) The professional, specialised or specific competence acquired in the pursuit of the profession of a health professional and the professional competence of another professional shall remain unaffected by the interruption of the profession.
(2) For the purposes of this Act, the exercise of the profession of a health professional or another professional worker shall be considered to be an interruption in the profession of a healthcare professional or another professional worker to a range lower than one fifth of the fixed weekly working hours, taken together from all the basic employment relationships where the type of work performed is the profession of a health professional or another professional.
(3) Where a health professional or another professional has interrupted the pursuit of the profession for a period of more than 6 years in total over the last 7 years, he shall be obliged to train immediately after the cessation of the profession within a period of at least 60 working days at the place of work of the health service provider providing health services in the profession of a health professional or other professional. The training shall take place under the guidance of a healthcare professional who is competent to work without professional supervision, who shall issue a certificate of the course and completion of the training.
(4) The completion of the training shall take place as a full-time course to the extent appropriate to the weekly working period specified). The training may also take place as an open-ended preparation of at least half of the fixed weekly working hours; the total length, level and quality shall not be lower than in the case of day-ahead training.
(5) The health service provider for which the completion of the training takes place keeps attendance documentation for the purposes of training. '
23. in Article 5 (1), the following point (c) is inserted after point (b):
"(c) studies in the field of a certified general nurse at a higher education institution of at least one year, if it is a medical worker who has acquired professional qualifications in the profession of a practical nurse, a medical paramedic, a midwife or a child nurse under § 5a (1) (a) or (b), if he has been admitted to higher than the first year of education,";
Points (c) to (g) shall be renumbered as points (d) to (h).
24. in Article 5, paragraph 2 is deleted;
Paragraphs 3 and 4 shall become paragraphs 2 and 3.
25. in Article 5 (2), the word "palliative" shall be inserted after the word "rehabilitation,"
26. in Article 5, paragraph 3 is deleted;
27. The following Section 5a is inserted after Section 5:
Professional competence to pursue the profession of nurse
(1) Professional competence to pursue the profession of nurse shall be acquired through the completion of:
(a) at least three years of accredited medical bachelor studies for the preparation of nurses;
(b) at least three years of study in the field of a certified child nurse at a higher education institution;
(c) studies in the field of a certified nurse in a higher education institution of at least one year, if it is a medical worker who has acquired professional competence in the profession of a practical nurse, a general nurse, a medical nurse or a midwife, who has been admitted to higher than the first year of education; or
(d) a children's nurse in a secondary medical school, if the first year was started in 1996 / 1997 at the latest.
(2) The provision of nursing care in children, including newborns, shall be considered as a nurse's profession. In addition, the child nurse, in cooperation with a doctor or dental practitioner, is involved in preventive, therapeutic, diagnostic, rehabilitation, palliative, immediate or dispensary care. "
28. Paragraph 6 (2) is deleted.
Paragraphs 3 to 5 shall be renumbered paragraphs 2 to 4.
29. in Article 6 (2), the word "palliative" shall be inserted after the word "rehabilitation,"
30. in Article 6, paragraph 3 is deleted;
Paragraph 4 shall become paragraph 3.
31. in Article 7, paragraph 2 is deleted;
Paragraph 3 shall become paragraph 2.
32. in Article 7 (2), the words "and rehabilitation" shall be replaced by the words "rehabilitation and palliative" and the words "(treatment of work)" shall be deleted;
33.Paragraph 8 (2) shall be deleted;
Paragraph 3 shall become paragraph 2.
34. in Paragraph 9 (2):
"(2) A medical professional who has acquired professional qualifications in laboratory methods and in the preparation of medicinal products referred to in Article 26 shall also be competent to pursue the profession of a medical laboratory. ';
35. in Article 9 (3), the words "and aid" shall be inserted after the word "protection."
36. in Article 10 (1) (b):
'(b) studies
1. in higher vocational schools in the fields or programmes of education aimed at social work and social pedagogy, social pedagogy, social and humanitarian work, social work, social legal activity, charity and social activity; or
2. in universities in the fields of social work, social policy, social pedagogy, social care, social pathology, law or special pedagogy and accredited qualification course, social worker, '.
37. in Article 10 (2), the word "palliative" shall be inserted after the word "diagnostic."
38. in Paragraph 12 (2), the words "paragraph 1 (b) and (c)" shall be replaced by the words "paragraph 1 (a)," the words "after 3 years" shall be replaced by the words "after one year," and the words "orthoptists competent to pursue a profession without professional supervision or by doctors with specialised competence in ophthalmology" shall be added at the end of the text.
39. in Article 13 (1) (a), the words "and aid" shall be inserted after the words "protection assistants."
40. Paragraph 13 (2) is deleted.
Paragraph 3 shall become paragraph 2.
41. in Article 14 (1), point (b) is deleted;
Points (c) and (d) shall be renumbered (b) and (c).
42. Paragraph 14 (2) is deleted.
Paragraph 3 shall become paragraph 2.
43. Paragraph 15 (2) is deleted.
Paragraph 3 shall become paragraph 2.
44. in Article 16 (1), point (a) is deleted;
Points (b) and (c) shall become points (a) and (b).
45. Paragraph 16 (2) is deleted.
Paragraph 3 shall become paragraph 2.
46. In Article 16 (2), the words "and 'shall be inserted after the words" manufactured', the words "modified 'and the words' dental products, including 'shall be inserted after the words' species'.
47. Paragraph 17 (2) is deleted.
Paragraphs 3 and 4 shall become paragraphs 2 and 3.
48. Paragraph 17 (3) is deleted.
49. in Article 18 (1) (b), the words "if the first-year studies started in the school year 2018 / 2019 at the latest," shall be inserted after the words "schools."
50. Paragraph 18 (2) is deleted.
Paragraphs 3 and 4 shall become paragraphs 2 and 3.
51. In the first sentence of Paragraph 18 (3), the words "on the section of urgent, anaesthesiological resuscitation care and acute income 'are replaced by the words" on the provision of pre-hospital emergency care and on the provision of acute intensive bed care, including emergency income care' and, in the second sentence, a comma is inserted after the word "urgent '.
52. In Article 18, the following paragraph 4 is added:
"(4) A medical paramedic may, without professional supervision of a specific nursing care activity in the provision of pre-hospital emergency care, carry out up to 1 year of professional activity in the provision of acute intensive bed care, including emergency care. '
53. Paragraph 19 (2) is deleted.
Paragraph 3 shall become paragraph 2.
54. in Article 20 (1) (b), the words "studies in the fields of electrical engineering" are replaced by the words "studies in the field of electrical engineering."
55. In Paragraph 20, the following paragraph 2 is inserted after paragraph 1:
"(2) The professional competence to pursue the profession of biomedical technician shall also be exercised by a health professional who has acquired professional competence to pursue the profession of biomedical engineer in accordance with Section 27."
Paragraph 2 shall become paragraph 3.
56. Paragraph 20a, including the title, is deleted.
57. In Paragraph 21, the following paragraph 2 is inserted after paragraph 1:
"(2) A medical professional who has acquired professional competence in the field of radiological physics in accordance with § 25 shall also have the professional competence to pursue the profession of radiological physics. '.
Paragraph 2 shall become paragraph 3.
58. The following Sections 21b to 21e are inserted after Section 21a, including the headings:
Professional competence to pursue the profession of nurse
(1) Professional competence to pursue the profession of a nurse is acquired through the completion of
(a) secondary medical schools in the field of practical nurse,
(b) secondary medical school in the field of medical assistant, if the first year of study was started no later than the school year 2018 / 2019,
(c) an accredited qualification course, a practical nurse after receiving a secondary education with a senior examination and professional competence to pursue the profession of nurse under § 36;
(d) an accredited qualification course of a medical assistant after receiving a secondary education with a senior examination and competence to perform the profession of nurse under Section 36, if the accredited qualification course was started by the end of 2018; or
(e) 6 semesters of accredited medical Bachelor's degree for the preparation of general nurses or 3 years at a higher vocational school in the field of the diploma general nurse.
(2) Professional competence for the pursuit of the profession also has a medical professional who has acquired professional competence for the pursuit of the profession
(a) a medical paramedic under Paragraph 18; or
(b) a midwife under Section 6.
(3) The provision of nursing care shall be considered to be the exercise of the profession of nurse. In addition, a practical nurse, in cooperation with a doctor or dentist, is involved in preventive, therapeutic, rehabilitation, palliative, urgent, diagnostic and dispensary care.
Professional competence to pursue the profession of behavioural analyst
(1) Professional competence in the profession of behavioural analyst is obtained through the completion of an accredited master's degree in psychology education or non-teaching teaching and an accredited qualification course in behavioral analyst.
(2) The profession of behavioural analyst shall be considered as an activity in the field of diagnostic and medical care in the field of behavioural analysis.
Professional competence to pursue the profession of traditional Chinese medicine therapist
(1) Professional competence in the profession of traditional Chinese medicine therapist is acquired
(a) completion of at least three years of study in the accredited bachelor's field of traditional Chinese medicine;
(b) obtaining professional competence to pursue the profession of general nurse, ergotherapist, nutritional therapist or pharmaceutical assistant and receiving an accredited qualification course in traditional Chinese medicine; or
(c) obtaining professional and specialised competence to pursue the profession of physiotherapist and completing an accredited qualification course in traditional Chinese medicine.
(2) The profession of a traditional Chinese medicine therapist shall be considered as a preventive, diagnostic or rehabilitation activity. In addition, a traditional Chinese medicine therapist may perform medical care activities under the professional supervision of a doctor with specialised competence or specialists in traditional Chinese medicine.
Professional competence to pursue the profession of traditional Chinese medicine specialist
(1) Professional competence to pursue the profession of traditional Chinese medicine specialist is acquired through completion
(a) at least five years of study in the accredited master's field of traditional Chinese medicine; or
(b) at least five years of study in the accredited master's field of traditional Chinese medicine and the foundations of general medicine.
(2) The profession of traditional Chinese medicine specialist shall be considered as a preventive, diagnostic, rehabilitation or medical treatment activity. '.
59. In Paragraph 22 (1), the words "accredited master single-disciplinary" are replaced by the words "single-disciplinary study of accredited master" and the words "follow-up to the single-disciplinary study of accredited bachelor's degree of psychology" are inserted after the words "psychology."
60. In Paragraph 22 (4), the words "accredited master single-disciplinary 'are replaced by the words" single-disciplinary study of accredited master'.
61. Paragraph 23, including the title, reads:
Professional competence for the profession of speech in health care and specialised competence for the profession of clinical speech
(1) Vocational competence in the field of logopedo in health is obtained through the completion of an accredited master's field of study by a special pedagogy with a state final examination from loopedia and surdopaedia following the completion of an accredited Bachelor's field of study by a special pedagogy with a state examination from loopedia and surdopaedia and an accredited qualification course of looped in health, which is carried out by a university in accordance with a special legislation (9d).
(2) Until such time as a specialist qualification is acquired, the health service provider shall work under the professional supervision of a clinical logist qualified to perform the medical profession without professional supervision.
(3) Specialised competence of the speech in health care is obtained through the completion of a 3-year vocational training examination. The designation of the speciality of the speech in health care with specialist competence is clinical speech.
(4) The professional and specialised competence to pursue the profession of clinical speech is obtained by the completion of at least five years of the accredited master's field of study by a special pedagogy with a state final examination from loopedia and surdopedias, provided that the study in the accredited master's field of study was initiated no later than in the academic year 2018 / 2019, and by the specialisation training in clinical speech.
(5) Operational activities in the field of preventive, diagnostic, medical, rehabilitation and dispensary care in the field of clinical loopedia shall be considered to be the pursuit of the profession of speech in health care.
(6) The activities referred to in paragraph 5 and the assessment activities shall be considered to be the pursuit of the profession of clinical speech. ';
62. In Article 23a (1) (a) and (b), the word "programme" is replaced by the word "field."
63. The heading of Section 24 reads: "Professional competence to pursue the profession of physiotherapist and specialised competence to pursue the profession of professional physiotherapist."
64. In Article 24 (1) (a), the words "if the first year of study was started in the academic year 2018 / 2019 at the latest," shall be inserted after the words "physiotherapists,";
65.Paragraph 24 (2) reads as follows:
"(2) Pending the acquisition of a specialised competence or demonstration of at least 10 years of the profession of physiotherapist, a physiotherapist who has acquired the competence referred to in paragraph 1 (d) shall work with the health service provider under the professional supervision of a physiotherapist who is fit for the exercise of the profession without professional supervision, of which the first 6 months under his direct management. ';
66. In Article 24, the following paragraph 4 is inserted after paragraph 3:
"(4) Specialised fitness of a physiotherapist is obtained through the completion of an accredited follow-up medical Master's degree in physiotherapy or the completion of specialist training and testing examination. The qualification of a physiotherapist with a specialised competence shall be designated as an expert physiotherapist. ';
Paragraph 4 shall become paragraph 5.
67.In Article 24 (5), the words "and rehabilitation" are replaced by the words "rehabilitation and palliative."
68. In Article 24, the following paragraph 6 is added:
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Regulation Information
| Citation | Act No. 201 / 2017 Coll., amending Act No. 96 / 2004 Coll., on the Conditions of Acquisition and Recognition of Eligibility for the Purchasing of Unmedical Medical Professionals and on Activities related to the Provision of Health Care and on the Amendment of Certain Related Acts (Act on Non-Medical Medical Professionals), as amended, and Act No. 95 / 2004 Coll., on the Conditions for the Acquisition and Recognition of Professional Proficiency and Specialisation for the Professional Professionality of Physician, Dentist and Pharmaceutical Officer, as amended |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 12.07.2017 |
|---|---|
| Effective from | 01.09.2017 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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