Decree No 353 / 2004 Coll.
Ordinance laying down detailed conditions for the certificate of competence for the field of public health impact assessment, the procedure for their verification and the procedure for granting and withdrawing certificates
Valid
Effective from 07.06.2004
Text versions:
07.06.2004
353
DECLARATION
of 26 May 2004
laying down detailed conditions for the certificate of competence for the field of public health impact assessment, the procedure for their verification and the procedure for granting and withdrawing certificates
In agreement with the Ministry of the Environment, the Ministry of Health provides, pursuant to § 19 (13) of Act No. 100 / 2001 Coll., on Environmental Impact Assessment and on the amendment of certain related laws (Act on Environmental Impact Assessment), as amended by Act No. 93 / 2004 Coll., hereinafter referred to as "the Act ':
Professional competence conditions for public health impact assessment
(1) The certificate of competence for the area of public health impact assessment (hereinafter referred to as "certificate") shall be issued by the Ministry of Health (hereinafter referred to as "Ministry") to a natural person holding a certificate of authorisation for the assessment of health risks in accordance with a specific legislation1) or satisfying these requirements
(a) has a higher education in medicine or science, or has a higher education in another direction and has completed a post-graduate education in health or toxicology;
(b) has at least three years of experience in the field of public health impact assessment (practice); and
(c) have passed a proficiency test or a difference test in accordance with Article 3 of this Decree.
(2) For the purposes of this decree, at least three years of experience shall be considered as a work activity which was designed to assess the different environmental components and assess their environmental and public health effects. This practice is evidenced by the employer's confirmation of the applicant's work load and, where appropriate, by the employee's honest statement of practice. A self-employed person shall provide an overview of his public health impact assessment activities and a list of evaluation protocols for the previous calendar year. The period of experience referred to in paragraph 1 shall not include the period of basic (replacement) military service and civil service in its place, maternity and parental leave.
(3) A legal person, as well as a natural person who is an entrepreneur and does not hold a certificate, may only assess the effects on public health if the activity is carried out by a natural person holding a certificate.
Verification of competence for public health impact assessment
(1) The professional competence in the field of public health impact assessment (hereinafter referred to as "competence") shall be verified by a proficiency test (hereinafter referred to as "test"), on the basis of a written request submitted to the Ministry in which the applicant indicates the name and, where appropriate, the name and surname, title, date of birth, address of residence, education achieved including the field of study and specialisation, academic degrees achieved, length and content of professional practice.
(2) The application shall be accompanied by:
(a) an extract from the record of the Register of Penalties and, where appropriate, a similar document referred to in paragraph 3, not more than 3 months old;
(b) an officially certified copy of the evidence of higher education referred to in Article 1 (1) (a);
(c) proof of professional practice in accordance with Article 1 (2);
(d) an overview of any own or co-author's publications, scientific or other activities and professional work in relation to health and environmental protection;
(e) an affidavit by the applicant that, in specific cases, an assessment of the impact on public health in which he may have an interest in property or personal interest in the case under consideration, refuse to assess the case and notify the person responsible.
(3) The natural person shall bear evidence of integrity by means of an extract from the Register of Penalties or, where appropriate, by documents issued by States in which he has remained continuously for more than 3 months in the last 3 years.
(1) The Ministry shall verify professional competence. Registration of holders of the certificate of professional competence (hereinafter referred to as the holder of the certificate) and registration of withdrawn certificates shall be kept by the Ministry of Health and shall be published in the Ministry of Health Bulletin and on its website.
(2) The scope and content of the examination, the dates of the examinations, the test schedule and the other requirements of the examination shall be determined by the Ministry of Health and published in the Ministry of Health Bulletin and shall be communicated in writing to the applicant for the certificate on his website.
(3) On the day of the examination, the Examination Committee shall give oral notice to the applicants of the total test result.
(4) The applicant who has carried out the "failed" overall assessment shall be informed by the President of the Commission of the possibilities and conditions for repeating the test. The test may be repeated not more than twice, not earlier than 60 days after the date of the previous test. The date of the examination shall be determined by the authorised person. A further repeat of the test is only possible following a new application for a certificate.
(5) An applicant who could not show up for the test or repeat the test for a serious reason and duly apologized for his non-participation shall set a replacement date for the person responsible. If the applicant does not show up for the test or repeat the test without a serious reason and a proper apology, he may only take the test on the basis of a new application for a certificate.
(6) The recognition of professional qualifications or similar qualifications acquired by nationals of Member States in another Member State of the European Union shall be subject to the special legislation.2)
(7) Where the examination committee only partially recognises the professional qualifications referred to in paragraph 6, the tenderer shall take a difference test.
(8) For the differential test, the candidate shall not be tested in those areas where he has been recognised as having obtained the professional qualifications referred to in paragraph 6. Paragraph 3 (1) to (5) shall apply mutatis mutandis.
Procedure for certification of professional competence in the field of public health impact assessment
(1) The holder of a certificate of authorisation for the assessment of health risks under specific legislation, (1) shall add to the application for a certificate:
(a) an officially certified copy of the authorisation certificate in accordance with specific legislation, 1)
(b) an extract from the record of the Register of Penalties and, where appropriate, a similar document referred to in paragraph 2, not more than 3 months old;
(c) an affidavit by the applicant that, in specific cases, an assessment of the impact on public health in which he may have an interest in property or personal interest in the case under consideration, refuse to assess the case and notify the person responsible.
(2) The natural person shall bear evidence of integrity by means of an extract from the Register of Penalties or, where appropriate, documents issued by States in which he has remained continuously for more than 3 months in the last 3 years. The recognition of a proof of integrity issued by a competent authority of another Member State of the European Union shall be governed by a special law.2)
(3) The Ministry shall issue a certificate of competence for the assessment of public health effects to an applicant who has fulfilled the conditions set out in Paragraph 1 (1).
(4) The certificate shall contain:
(a) name and surname, title, date of birth, address of residence, where applicable;
(b) the reference number and the date of issue of the certificate;
(c) signature and stamp of the Ministry of Health of the Czech Republic,
(d) the date of validity of the certificate.
(5) The certificate shall not be transferable to another person, granted for a period of 5 years from the date of its award. The certificate shall be extended for a further period of 5 years where the conditions under which it was granted have not changed. The application for renewal of the certificate shall be submitted to the Ministry at least 6 months before the expiry of the certificate.
Procedure for withdrawing certificates of competence for the field of public health impact assessment
Where the Ministry finds that:
(a) the holder has been deprived of legal capacity or legal capacity;
(b) the holder has been convicted of an intentional offence committed in connection with the performance of professional activity;
(c) the certificate has been issued to the holder on the basis of the incorrect or incomplete information provided in the application or its annexes; or
(d) the holder seriously or repeatedly infringes obligations in the course of professional activity, in particular where defects are detected or where the assessment of public health effects is distorted;
the certificate shall be withdrawn.
Efficacy
This decree shall take effect on the day of its publication.
Minister:
Dr. Kubinyi, Ph.D. v. r.
1) Sections 83a to 83e of Act No. 258 / 2000 Coll., on the Protection of Public Health and on the Amendment of Certain Related Acts, as amended by Act No. 76 / 2002 Coll. and Act No. 274 / 2003 Coll.
2) Act No. 18 / 2004 Coll., on the recognition of professional qualifications and other professional qualifications of nationals of Member States of the European Union and amending certain laws (Act on the Recognition of Professional Qualifications).
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Regulation Information
| Citation | Decree No 353 / 2004 Coll., laying down the detailed conditions of the certificate of competence for the field of public health impact assessment, the procedure for their verification and the procedure for granting and withdrawing certificates |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 07.06.2004 |
|---|---|
| Effective from | 07.06.2004 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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