Communication from the Ministry of Health No. 90 / 2007 Coll.

Communication from the Ministry of Health on the publication of documents certifying acquired rights concerning the formal qualification of general nurses and midwives granted in the territory of the Member States of the European Union

Valid Communication
Text versions: 24.04.2007
Contents
90
COMMUNICATION
Ministry of Health
of 11 April 2007
on the publication of documents certifying acquired rights to formal qualifications as general nurses and midwives granted in the territory of the Member States of the European Union
The Ministry of Health pursuant to § 78 (1) of Act No. 96 / 2004 Coll., on the conditions for obtaining and recognising eligibility for the pursuit of non-medical health professions and for carrying out activities related to the provision of health care and amending certain related laws (Law on non-medical health professions), declares:
- in the first part of the document certifying the acquired rights of formal qualifications (professional qualifications) for the pursuit of the profession of general nurse,
- in Part Two, documents certifying the acquired rights of formal qualifications (professional competence) for the pursuit of the profession of midwife.

ČÁST PRVNÍ

Documents certifying the acquired rights of formal qualifications (professional competence) for the pursuit of the profession of general nurse referred to in Council Directive 77 / 452 / EEC, as amended
1. The Czech Republic shall recognise as sufficient evidence for nationals of Member States whose diplomas, certificates and other evidence of formal qualifications do not comply with all the essential requirements of vocational training (1) in the field of general nurses, diplomas, certificates and other evidence of formal qualifications of general nurses, issued by those Member States by 1 July 1979 at the latest, and which shall supplement the certificate certifying that they have actually and in accordance with the legal order carried out the activities in question for at least three consecutive years during the five years preceding the date of issue of the certificate.
These activities must include full responsibility for the planning, organisation and provision of nursing care to patients.
2. Diplomas, certificates and other evidence of formal qualifications (proficiency) for the pursuit of the profession of general nurse of members of the Member States which do not correspond to the designation given for that Member State (2) shall be accompanied by a certificate issued by the competent authorities or competent bodies of the Member State, certifying that the Member State which issued them considers them to be diplomas bearing the corresponding marking (i.e. equivalent) 2).
3. Diplomas, certificates and other evidence of formal qualifications (proficiency) for the pursuit of the profession of general nurse of members of the Member States obtained in the territory of the former German Democratic Republic which do not meet all the essential training requirements for general sister1) shall be recognised by the Czech Republic if:
- evidence of training started before German unification, i.e. before 3 October 1990,
- entitle the holder to carry out the activities of a general nurse throughout the territory of Germany under the same conditions as the documents issued by the competent German authorities and the markings referred to for Germany2), and
- are accompanied by a certificate issued by the competent German authorities showing that the nationals concerned have actually and in accordance with the law carried out the activities of the general nurse in Germany for at least three consecutive years during the five years preceding the date of issue of the certificate. These activities must include full responsibility for the planning, organisation and provision of nursing care to patients.
4. Diplomas, certificates and other evidence of formal qualifications as a general nurse awarded to nationals of the Member States or training of those members started in Poland before 1 May 2004 not meeting the minimum training requirements (1) shall be recognised by the Czech Republic as sufficient evidence if they are accompanied by a certificate stating that these nationals of the Member States have actually and in accordance with the law of the General Sister in Poland:
- for at least three consecutive years, during the five years preceding the date of issue of the certificate, in the case of the holder of the diploma of nursing bachelor (dyplom licencjata pielęgniarstwa),
- for at least five consecutive years, during the seven years preceding the date of issue of the certificate in the case of the holder of the diploma of a nurse or nurse (dyplom pielęgniarki albo pielęgniarki dyplomowanej) with post-secondary education obtained at a vocational medical school.
These activities must include full responsibility for the planning, organisation and performance of patient care.
5. Diplomas, certificates and other evidence of formal qualifications (proficiency) for the pursuit of the profession of general nurse awarded to members of the Member States, or training of such members, started in the territory of the former Soviet Union before 20 August 1991, shall be recognised by the Czech Republic, provided that the authorities of Estonia confirm that these documents have the same legal validity in their territory as Estonian evidence of formal qualifications (competence) of general nurse as regards access to and pursuit of the profession of general nurse. This certificate must be accompanied by a certificate issued by the same authorities stating that these nationals of the Member States have actually and in accordance with the law of the Member States engaged in the activity in question on the territory of Estonia for at least three consecutive years during the five years preceding the date of issue of the certificate.
6. Diplomas, certificates and other evidence of formal qualifications (professional qualifications) for the pursuit of the profession of general nurse awarded to Member States' nationals or training of such members started in the former Soviet Union before 21 August 1991 shall be recognised by the Czech Republic as sufficient evidence if the authorities of Latvia confirm that these documents have the same legal validity in their territory as Latvian evidence of formal qualifications (professional qualifications) of general nurses as regards access to and pursuit of the profession of general nurse. This certificate shall be accompanied by a certificate issued by the same authorities indicating that these nationals of the Member States have actually and in accordance with the law of the Member States engaged in the activity in question on the territory of Latvia for at least three consecutive years during the five years preceding the date of issue of the certificate.
7. Diplomas, certificates and other evidence of formal qualifications (proficiency) for the pursuit of the profession of general nurse granted to Member States' nationals or training of such members started in the former Soviet Union before 11 March 1990 shall be recognised by the Czech Republic as sufficient evidence if the authorities of Lithuania confirm that these documents have the same legal validity in their territory as Lithuanian evidence of formal qualifications (competence) of general nurse as regards access to and pursuit of the profession of general nurse. This certificate shall be accompanied by a certificate issued by the same authorities stating that these nationals of the Member States have actually and in accordance with the legal order carried out the activity in question in Lithuania for at least three consecutive years during the five years preceding the date of issue of the certificate.
8. Diplomas, certificates and other evidence of formal qualifications (proficiency) for the pursuit of the profession of general nurse awarded to members of the Member States, or training of such members started in the former Czechoslovakia before 1 January 1993, shall be recognised by the Czech Republic as sufficient evidence if the authorities of Slovakia confirm that they have the same legal validity in their territory as Slovak evidence of formal qualifications (competence) of a general nurse as regards access to and pursuit of the profession of general nurse. This certificate must be accompanied by a certificate issued by the same authorities indicating that these nationals of the Member States have actually and lawfully carried out the activity in question in Slovakia for at least three consecutive years during the five years preceding the date of issue of the certificate.
9. Diplomas, certificates and other evidence of formal qualifications (competence) for the pursuit of the profession of general nurse awarded to members of the Member States or training of such members started in Yugoslavia before 25 June 1991 shall be recognised by the Czech Republic as sufficient evidence if the authorities of Slovenia confirm that these documents have the same legal validity in their territory as Slovenian evidence of formal qualifications (competence) of general nurse as regards access to and pursuit of the profession of general nurse. This certificate shall be accompanied by a certificate issued by the same authorities stating that these nationals of the Member States have actually and in accordance with the law of the Member States engaged in the activity in question on the territory of Slovenia for at least three consecutive years during the five years preceding the date of issue of the certificate.
10. Diplomas, certificates and other evidence of formal qualifications (proficiency) for the pursuit of the profession of general nurse issued in Romania or training initiated in Romania before 1 January 2007, which does not meet the minimum training requirements, shall be recognised by the Czech Republic as sufficient evidence if the authorities of Romania confirm that these documents have the same legal validity in their territory as Romanian evidence of formal qualifications (competence) of general nurse as regards access to and pursuit of the profession of general nurse. This certificate shall be accompanied by a certificate issued by the same authorities stating that these nationals of the Member States have actually and in accordance with the law of the Member States engaged in the activity in Romania for at least five consecutive years during the seven years preceding the date of issue of the certificate in the case of the holder of the diploma of a nurse or nurse (Certicat de competenţe professionale de assistant medical generalist) with a post-graduate education obtained at şcoală posstliceală.
These activities must include full responsibility for the planning, organisation and performance of patient care.

ČÁST DRUHÁ

Documents certifying the acquired rights of formal qualifications (professional competence) for the occupation of midwife referred to in Council Directives 80 / 154 / EEC and 80 / 155 / EEC, as amended
1. The Czech Republic shall recognise as sufficient evidence for nationals of Member States whose diplomas, certificates and other evidence of formal qualifications do not comply with all the essential requirements of vocational training (3) in the field of midwives, diplomas, certificates and other evidence of formal qualifications of midwives, issued by those Member States at the latest by 23 January 1986, and which shall supplement the certificate certifying that they have actually and in accordance with the legal order carried out the activities concerned for at least three consecutive years during the five years preceding the date of issue of the certificate.
2. The Czech Republic shall recognise as sufficient evidence for nationals of Member States whose diplomas, certificates or other evidence of formal qualifications comply with all the essential requirements of vocational training (3) but which must be recognised only if they are accompanied by a certificate of professional practice, diplomas, certificates or other evidence of formal qualifications of midwives issued by the Member States before 24 January 1983, accompanied by a certificate certifying that they have actually and in accordance with the legal order carried out the activities concerned for at least two consecutive years during the five years preceding the date of issue of the certificate.
3. The Czech Republic shall recognise nationals of Member States whose diplomas, certificates and other evidence of formal qualifications of midwives do not correspond to the indications given for that Member State (4) as sufficient evidence of the diplomas, certificates and other evidence of formal qualifications issued by the Member States, accompanied by a certificate issued by the competent authorities or bodies. This certificate must certify that these diplomas, certificates and other evidence of formal qualifications of midwives attest to training in accordance with the essential training requirements and that the Member State which issued them considers them to be diplomas with an appropriate designation (i.e. equivalent) 4.
4. Diplomas, certificates and other evidence of formal qualifications of midwives, which attest to training in the territory of the former German Democratic Republic, which does not meet all the essential requirements of the vocational preparation (3), shall be recognised by the Czech Republic as sufficient evidence if:
- evidence of training started before German unification, i.e. before 3 October 1990,
- entitle the holder to carry out the activities of a midwife throughout the territory of Germany under the same conditions as the documents issued by the competent German authorities and the markings referred to for Germany4), and
- they are accompanied by a certificate issued by the competent German authorities showing that the nationals concerned have actually and in accordance with the law pursued the activities in question in Germany for at least three consecutive years during the five years preceding the date of issue of the certificate.
5. Diplomas, certificates and other evidence of formal qualifications of midwives, which attest to training achieved in the territory of the former German Democratic Republic, which meets all the essential requirements of the vocational preparation (3), but which can only be recognised if completed by professional practice, the Czech Republic shall recognise as sufficient evidence if:
- provide evidence of training started before the unification of Germany, i.e. before 3 October 1990, and
- they are accompanied by a certificate issued by the competent German authorities showing that the nationals concerned have actually and in accordance with the law pursued the activities in question in Germany for at least two consecutive years during the five years preceding the date of issue of the certificate.
6. Diplomas, certificates and other evidence of formal qualifications as a midwife awarded to Member States' nationals or training of those members started in Poland before 1 May 2004 not meeting the minimum training requirements (3) shall be recognised by the Czech Republic as sufficient evidence, provided that they are accompanied by a certificate stating that the following nationals of the Member States have actually and in accordance with the law of the Member States engaged in the activities of midwife in Poland:
- for at least three consecutive years, during the five years preceding the date of issue of the certificate in the case of the holder of the Bachelor's degree in midwifery (dyplom licencjata położnictwa),
- for at least five consecutive years, during the seven years preceding the date of issue of the certificate in the case of the holder of the diploma of midwife (dyplom położnej) with post-secondary education obtained at a vocational health school.
7. Diplomas, certificates and other evidence of formal qualifications in the field of maternity assistance awarded to Member States' nationals or training of those members started in the former Soviet Union before 20 August 1991 shall be recognised by the Czech Republic as sufficient evidence if the authorities of Estonia confirm that these documents have the same legal validity in their territory as Estonian evidence of formal qualifications in the field of midwife assistance as regards access to and pursuit of the profession of midwife. This certificate must be accompanied by a certificate issued by the same authorities stating that these nationals of the Member States have actually and in accordance with the law of the Member States engaged in the activity in question on the territory of Estonia for at least three consecutive years during the five years preceding the date of issue of the certificate.
8. Diplomas, certificates and other evidence of formal qualifications in the field of maternity assistance awarded to Member States' nationals or training of those members started in the former Soviet Union before 21 August 1991 shall be recognised by the Czech Republic as sufficient evidence if the authorities of Latvia confirm that these documents have the same legal validity in their territory as Latvian evidence of formal qualifications in the field of midwife assistance as regards access to and pursuit of the profession of midwife. This certificate shall be accompanied by a certificate issued by the same authorities indicating that these nationals of the Member States have actually and in accordance with the law of the Member States engaged in the activity in question on the territory of Latvia for at least three consecutive years during the five years preceding the date of issue of the certificate.
9. Diplomas, certificates and other evidence of formal qualifications in the field of maternity assistance awarded to Member States' nationals or training of those members started in the former Soviet Union before 11 March 1990 shall be recognised by the Czech Republic as sufficient evidence if the authorities of Lithuania confirm that these documents have the same legal validity on their territory as Lithuanian evidence of formal qualifications in the field of midwife assistance as regards access to and pursuit of the profession of midwife. This certificate shall be accompanied by a certificate issued by the same authorities stating that these nationals of the Member States have actually and in accordance with the legal order carried out the activity in question in Lithuania for at least three consecutive years during the five years preceding the date of issue of the certificate.
10. Diplomas, certificates and other evidence of formal qualifications in the field of maternity assistance awarded to Member States' nationals or training of those members started in the former Czechoslovakia before 1 January 1993 shall be recognised by the Czech Republic as sufficient evidence if the authorities of Slovakia confirm that these documents have the same legal validity in their territory as Slovak evidence of formal qualifications in the field of midwife assistance as regards access to and pursuit of the profession of midwife. This certificate must be accompanied by a certificate issued by the same authorities indicating that these nationals of the Member States have actually and lawfully carried out the activity in question in Slovakia for at least three consecutive years during the five years preceding the date of issue of the certificate.
11. Diplomas, certificates and other evidence of formal qualifications in the field of birth assistance awarded to Member States' nationals or training of those members started in Yugoslavia before 25 June 1991 shall be recognised by the Czech Republic as sufficient evidence if the authorities of Slovenia confirm that these documents have the same legal validity in their territory as Slovenian evidence of formal qualifications in the field of midwife assistance as regards access to and pursuit of the profession of midwife. This certificate shall be accompanied by a certificate issued by the same authorities stating that these nationals of the Member States have actually and in accordance with the law of the Member States engaged in the activity in question on the territory of Slovenia for at least three consecutive years during the five years preceding the date of issue of the certificate.
12. Diplomas, certificates and other evidence of formal qualifications as a midwife awarded to Member States' nationals or training of those members started in Spain before 1 January 1986 shall be recognised by the Czech Republic as sufficient evidence if the authorities of Spain confirm that these nationals of the Member States have actually and in accordance with the legal order pursued the activities of midwife in Spain for at least three consecutive years during the five years preceding the date of issue of the certificate, unless such diplomas, certificates or other evidence of formal qualifications are accompanied by a certificate issued by the competent Spanish authorities certifying training fully satisfying all the essential requirements of the vocational training (3) in the field of midwives.
13. Diplomas, certificates and other evidence of formal qualifications as a midwife in the field of gyno and obstetrică-ginecology (assistant medical obstetrică-ginekologie) issued in Romania or training started in Romania before 1 January 2007 which does not meet the minimum training requirements (3) shall be recognised by the Czech Republic as sufficient evidence if the authorities of Romania confirm that these documents have the same legal validity in their territory as Romanian evidence of formal qualifications in the field of midwife assistance as regards access to and pursuit of the profession of midwife. This certificate must be accompanied by a certificate issued by the same authorities indicating that these nationals of the Member States have actually and lawfully carried out the activity in Romania for at least five consecutive years during the seven years preceding the date of issue of the certificate.
According to Communication No 391 / 2005 Coll., it does not proceed from the date of publication of this Communication.
Minister:
Dr. Julinek v. r.
1) Article 4 of Decree No. 39 / 2005 Coll., laying down minimum requirements for study programmes to be qualified for the non-medical medical profession.
2) The Annex to Directive 77 / 452 / EEC on the mutual recognition of diplomas, certificates and other evidence of formal qualifications as nurses responsible for general care, including measures to facilitate the effective exercise of the right of establishment and freedom to provide services, as amended. Communication from the Ministry of Health No 42 / 2007 Coll., on the publication of a list of diplomas, certificates and other evidence of formal qualifications of nurses and midwives awarded on the territory of the Member States of the European Union and a list of the institutions and bodies which issue them.
3) Article 5 of Decree No. 39 / 2005 Coll., laying down minimum requirements for study programmes to be qualified for the non-medical medical profession.
(4) The Annex to Directive 80 / 154 / EEC on mutual recognition of diplomas, certificates and other evidence of formal qualifications as midwives and measures to facilitate the effective exercise of the right of establishment and freedom to provide services, as amended. Communication from the Ministry of Health No. 42 / 2007 Coll.

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Regulation Information

CitationCommunication from the Ministry of Health No 90 / 2007 Coll., on the publication of documents certifying acquired rights concerning the formal qualification of general nurses and midwives granted in the territory of the Member States of the European Union
Regulation TypeCommunication
Author-
CollectionCode of Laws
Date of Promulgation24.04.2007
Effective from-
Effective until-
Status Valid
The regulation text is for informational purposes only.
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