What is Act No. 95 / 2004 Coll.?

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 — Law on the conditions for obtaining and recognising professional competence and specialised competence in the exercise of the profession of medical practitioner, dental practitioner and pharmacist.

When it became Act No. 95 / 2004 Coll. effectiveness?

Act No. 95 / 2004 Coll. became effective 02.04.2004.

Is Act No. 95 / 2004 Coll. still valid?

Yes, Act No. 95 / 2004 Coll. is still valid and effective.

Act No. 95 / 2004 Coll. - Law on the conditions for obtaining and...

95

THE LAW

of 29 January 2004

on the conditions for obtaining and recognising professional competence and specialised competence in the exercise of the medical profession of doctor, dentist and pharmacist

Parliament has decided on this law of the Czech Republic:

ČÁST PRVNÍ

GENERAL PROVISIONS

§ 1

Subject matter

(1) This law implements the relevant provisions of the European Union1), and provides for

(a) the conditions under which a doctor, dental practitioner and pharmacist are eligible for the medical profession in the Czech Republic;

(b) lifelong training of a doctor, dentist and pharmacist;

(c) recognition of competence for the medical profession of doctor, dental practitioner and pharmacist

1. persons who have acquired competence in a Member State other than the Czech Republic (part seven),

2. persons referred to in Part Eight,

(d) the free provision of services to the visiting person (part seven);

(e) public administration information system of the Health Education Administration (hereinafter referred to as the Administration system).

(2) This law applies to the recognition of the fitness to pursue the medical profession of a doctor, dentist or pharmacist who intends to pursue the profession in the Czech Republic as a self-employed person or as an employee or as a person established or visiting.

(3) The Education of Health Workers under this Act is not covered by the Act on Recognition of Result of Further Education 1a).

(4) This law shall not apply to the 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 services provided for in specific legislation.

§ 2

Definition of basic terms

For the purposes of this Act:

(a) a summary of the activities and knowledge of the profession of doctor, dental practitioner and pharmacist,

(b) by a health professional, a natural person who carries out the medical profession of a doctor, dentist or pharmacist under this law;

(c) an accredited medical master's study programme of general medicine, a dental study programme and a pharmacy programme which, according to the opinion of the Ministry of Healthcare (2) (hereinafter referred to as the Ministry), meets the minimum requirements laid down in the implementing legislation for obtaining the professional competence of its graduates in the course of the medical profession and which has obtained accreditation from the Ministry of Education, Youth and Sports;

(d) specialist training in the pursuit of the profession of doctor, dental practitioner and pharmacist, the cessation of which gives rise to specialised competence;

(e) own specialised training in specialist training of physicians and pharmacists following specialisation training in the basic tribe;

(f) the independent exercise of the profession of doctor, the pursuit of activities for which a doctor is competent without professional supervision or professional supervision, on the basis of his own assessment and assessment of the patient's health and circumstances;

(g) the independent exercise of the profession of dental practitioner and pharmacist in the pursuit of activities for which a dental practitioner or pharmacist is eligible without professional supervision, on the basis of his own assessment and assessment of the patient's state of health and related circumstances;

(h) the performance of the profession of doctor under professional supervision of the professional activities of a doctor with competence before obtaining a certificate of completion of the basic strain;

(i) the pursuit of the profession of doctor under professional supervision, after obtaining a certificate of completion of the basic strain,

(j) the pursuit, under professional supervision, of activities to the extent specified by the pharmacist authorised to pursue the profession separately as referred to in (g);

(k) the pursuit of the profession of dental practitioner under professional supervision of activities to the extent specified by the dental practitioner authorised to pursue the profession separately in accordance with (g);

(l) by the organisation responsible

1. a legal person established by the Ministry entrusted by the Ministry with the performance of certain activities under this Act; or

2. a legal person with whom the Ministry has concluded a public contract pursuant to Paragraph 43b in order to delegate certain activities under this Act,

(m) a Member State of the European Union, another Contracting State of the Agreement on the European Economic Area or the Swiss Confederation,

(n) a training post to the extent specified in the weekly work programme (2b), in the specified field of specialisation training in an accredited establishment;

(o) a residential place of training at an accredited workplace which is co-financed by the state budget;

(p) resident participant in specialisation training which participates in specialisation training at a resident place;

(q) any professional company of any professional company associated with the Czech Medical Society Jana Evangelist Purkyně and other professional companies which are a legal entity or an organisational body of a legal entity and which brings together doctors, dental practitioners or pharmacists with professional or specialised competence to pursue a given medical profession in order to promote their professional level,

(r) an accredited establishment by a health service provider, another legal or natural person granted accreditation by the Ministry of Health under Part Five;

(s) specific specialised competence for the pursuit of activities which are conditional on the acquisition of knowledge and skills under the training programme of the superstructure;

(t) a training centre of an accredited establishment with a training site occupied by a health professional;

(u) University of University2a) which carries out the relevant accredited medical Master's degree programme.

§ 2a

(1) Where that law lays down requirements for the duration of the exercise of the health profession, this shall mean the pursuit of the profession to the extent of at least half of the weekly working time prescribed). Where a health professional carries out a medical profession to a lesser extent than that provided for in the weekly working time, the required length of professional activity shall be extended proportionally. The period of incapacity for work and maternity leave and, where applicable, the period of parental leave of the father shall be taken into account until the medical profession is employed, but at most to the extent of the length of maternity leave. Military active service shall be included if it has been performed in the relevant profession under this law.

(2) Paragraph 1 shall not apply to the pursuit of the profession of health in the course of the acquisition of specialised competence (Section 5) and to the demonstration of the period of professional competence for the recognition of qualifications under acquired rights.

§ 3

(1) Eligibility to pursue the profession of doctor, dental practitioner and pharmacist

(a) competent as such;

(b) fit for health,

(c) integrity.

(2) A health professional is obliged to provide evidence of medical fitness for the exercise of the profession to medical assessment2c) issued following a medical examination. The medical opinion is issued by the registrar of health services in the field of general medical practice and, if not, by another health service provider in the field of general medical practice. Where the person under examination is a doctor with a specialised competence in general medical practice, which is in a basic employment relationship, he assesses the medical fitness and the medical assessment is issued by a different health service provider in general medical practice than that to which the doctor under assessment is in a basic employment relationship. Where the person under examination is a doctor with specialised competence in the field of general medical practice, who is in service, he shall assess the medical fitness and the medical assessment shall be issued by another health service provider in the field of general medical practice, other than the one to which he is assigned or appointed to the post. A medical opinion may not be given by a close person. The list of diseases, conditions or defects which exclude or restrict medical fitness to pursue the profession, the content of medical examinations and the particulars of the medical opinion shall be laid down in the implementing legislation. Medical fitness to be assessed

(a) before the pursuit of the profession and before the continuation of the profession, if the pursuit of the profession has been interrupted for more than 3 years;

(b) in the event of a reasonable suspicion that the health status of the health professional has changed,

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, an expert representative, if provided, or staff of the health service provider,

2. at the request of the employer, if it is an employee who, according to the medical opinion of the occupational health service provider, has lost medical fitness to work,

3. at the request of the Ministry, if it is a medical worker under this law who carries out the medical profession, or

4. on request of the Czech Medical Chamber, the Czech Dentist Chamber or the Czech Pharmacy Chamber, if it is a member who carries out the medical profession.

Natural persons who have been recognised as fit for health under Section 7 shall demonstrate the medical fitness by decision of the Ministry (Section 31) before the first beginning of the profession. Visiting persons provide evidence of medical fitness with the document required in the Member State of origin (§ 29).

(3) For the purposes of this Act, a person who has not been lawfully sentenced to an unconditional prison sentence for an intentional offence committed in connection with the provision of health services shall be deemed to be righteous or treated as if he had not been convicted 4).

(4) Proof of integrity

(a) is required at all times before the practice of the medical profession or in other justified cases; in the course of the course of the medical profession, where justified, also at the request of the employer, if it is an employee, or at the request of the administration which has granted the medical, dental or pharmaceutical authorisation to provide health services under the Health Services Act;

(b) request the Ministry for Administrative Procedure under this Act.

(5) The integrity is evidenced by an extract from the register of the Register of Crimes (26), a document proving compliance with the condition of integrity issued by the State of which the natural person is a citizen and documents issued by States in which the natural person has remained continuously for more than 6 months in the last 3 years; such documents may not exceed 3 months. If the State referred to in the sentence does not issue a first extract of the criminal record or an equivalent document, or if it cannot obtain it, the natural person shall submit a declaration of integrity which he has made before the notary or the competent authority of that State. 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 by an extract from the Penal Register with an annex containing the information entered in the criminal record of another Member State of the European Union26).

(6) Natural persons who have been recognised as being righteous under Part Seven are proof of integrity by decision of the Ministry prior to the first commencement of the profession. Visitors shall provide proof of integrity with the document required in the Member State of origin.

ČÁST DRUHÁ

_

§ 4

Professional competence for the medical profession

(1) Professional competence in the profession of doctor is obtained by the completion of at least six years of preschool studies, 5) which contains theoretical and practical teaching in an accredited medical Master's General Medicine programme.

(2) The performance of the profession of professional practitioner is preventive, diagnostic, medical, rehabilitation, dispensary and palliative care under the Health Services Act carried out by a doctor with professional supervision or professional supervision of a doctor with specialised competence, as well as a review activity under the law governing public health insurance by a doctor with professional competence under the professional supervision of a doctor with specialised competence. For the purposes of Article 5 (5), a medical profession shall also be considered a methodological, conceptual, research and educational activity in the field of health.

(3) Without professional supervision, a doctor with competence may carry out activities which correspond to the scope of knowledge and skills acquired by the study referred to in paragraph 1 and which are provided for in the implementing legislation. A competent doctor may, before obtaining a certificate of completion of the baseline strain, carry out other activities under professional supervision to the extent specified by his trainer in the Administration system.

(4) Without professional supervision, a doctor with competence and a certificate of completion of the baseline strain may carry out:

(a) activities corresponding to the scope of knowledge and skills acquired by education in the basic tribe and provided for in the implementing legislation;

(b) a review activity under the Act governing public health insurance; and

(c) other activities to the extent specified by his trainer in the Administration system.

(5) The pursuit of the activities referred to in the first sentence of paragraph 3 and in paragraph 4 shall not be considered as a separate pursuit of the profession of a doctor as referred to in Article 5 (3).

(6) The professional supervision shall be carried out by a doctor with a specialised competence present in a medical institution in which a doctor with professional competence operates, with the physical availability of a doctor with specialised competence within 15 minutes. Professional supervision shall be carried out by a doctor with specialised competence, with continuous telephone availability and the physical availability of the medical institution in which the doctor with professional competence operates, within 30 minutes. A doctor who exercises professional supervision and professional supervision shall be in a fundamental employment relationship with a health service provider or in a service relationship, or shall be a health service provider in whose medical establishment the professional activities of a doctor take place. The provider of an alcohol and antitoxic detention service may also ensure the exercise of professional supervision under the sentence of the second sentence through another health service provider with whom he shall conclude a written contract to ensure the exercise of professional supervision. The physical availability of an alcohol and antitoxic detention centre by a professional supervisor shall be within 20 minutes. One doctor with specialised competence may carry out professional supervision of a maximum of two competent doctors or professional supervision of a maximum of three qualified practitioners with completed training in the baseline tribe. One doctor with specialised competence may perform at the same time professional supervision and professional supervision of up to three doctors.

(7) The health service provider shall ensure that the professional supervision and supervision referred to in paragraphs 3, 4 and 6 are carried out.

§ 5

Specialised competence of the physician

(1) Specialised competence of a doctor is obtained through successful completion of specialist training and testing examination (Sections 19 to 21), on the basis of which the doctor is awarded by the Ministry of Diploma on specialisation in the relevant specialisation field. The specialist training of a doctor takes place in the specialisation field. The formalities and model of the diploma on the acquisition of specialised competence shall be laid down in implementing legislation.

(2) Specialisation fields of specialist medical education, qualification marking, basic strains for individual specialisation training and duration of specialisation training are listed in Annex 1 to this Act.

(3) The requirement for the independent pursuit of the profession of doctor shall be to acquire a specialised competence or a specific specialised competence, unless otherwise provided for in this law. The activity referred to in Article 4 (2), as well as the educational, assessment and management activities of the health service provider, shall be the performance of the profession of a doctor with specialised competence. A condition for the independent pursuit of the profession of a doctor as a leader or as a self-employed person or as a professional representative of a health service provider under the Health Services Act is the acquisition of a specialised competence which is evidenced by the diploma referred to in paragraph 1, or by a certificate or decision of the Ministry pursuant to § 44.

(4) Specialisation training takes place as a full-time training course in accredited establishments (Section 13) to the extent appropriate to the weekly working period (2b) and is remunerated at 2b); specialisation training may take place as an open-ended training, that is to say, at a lower rate than the fixed working time, and the extent of which may not be less than half the fixed weekly working time; If there is a person on parental leave or a person caring for a child until the start of compulsory education, the scope of the working time shall not be less than one fifth of the fixed weekly working hours. In this case, the total length, level and quality shall not be lower than in the case of all-day training. The professional training of a physician shall not include the duration of the medical profession exceeding the specified weekly working hours. The Minister for Health may, at the written request of a specialist training participant, grant an exemption and decide to set off professional experience in an unaccredited workplace in a specialised training facility where the specialist training participant fulfilled all the conditions for accreditation in accordance with the training programme under which the specialist training participant had been trained during the period in which the specialist training participant had carried out the training. The Minister for Health shall issue a decision within 90 days of the date of the application. On the basis of the exception in the fourth sentence, a maximum of three quarters of the specified length of specialisation training in the relevant field may be included in specialisation training. In the context of the procedure for the application of a participant in specialisation training, the Minister for Health can verify compliance directly at an unaccredited workplace.

(5) Specialisation training shall take place in the course of the medical profession in accordance with the implementing legislation and training programmes of each specialisation field. Specialisation training shall consist of a basic strain followed by training in its own specialised training. Specialisation training includes participation in all medical performance within the field in which specialisation training takes place, including possible participation in a continuous working regime. Specialisation training shall take place in a basic employment relationship or in a service relationship. Education programmes are approved by the Ministry and published in the Ministry of Health Bulletin and registered in the Administration system, while working with universities, the Czech Medical Chamber and specialist companies. Educational programmes concerning assessment medicine are established by the Ministry in cooperation with the Ministry of Labour and Social Affairs.

(6) The training programme shall set out the breakdown, scope and content of specialisation training in its own specialised training, in particular the minimum duration of compulsory experience in the field, including recommended additional practice, the type of workplace at which the practice is carried out, the activities and their type and scope that must be carried out in the course of this practice and the form of carrying out such activities and the maximum number of training courses which the accredited establishment may assign to one trainer. It also lays down requirements for theoretical knowledge and practical skills and other necessary conditions for the acquisition of specialised competence. The curriculum also provides the content of the theoretical part of specialist medical training.

(7) In accordance with paragraphs 4 and 5 of the specialisation training of a medical practitioner in the field of specialisation training referred to in Article 19 (3), students and graduates of a doctoral study7 shall be counted in accordance with the provisions of paragraphs 4 and 5 of the medical profession in the course of a doctoral course, provided that it corresponds to the content and scope of the relevant training programme or part thereof and is documented by a certificate issued on the basis of data provided by the Administration by the statutory body of the accredited establishment in which it was carried out. The duration of the medical profession during the course of study in the doctoral study programme or part thereof shall be included in the specialist training of a doctor only if the concurrent period of the profession of a doctor in the employment relationship to the health service provider was at least half of the fixed weekly working time. The Ministry shall decide on the netting at the request of the physician.

(8) Professional experience or part thereof shall be included in the specialist training of a doctor in the field of specialisation training referred to in Article 19 (3).

(a) in another field of specialisation or in another base strain, where it corresponds to the content and scope of the relevant training programme, or where it corresponds to the content and scope of the content of the training in the base strain provided for in the implementing legislation provided for in Section 5a (3); the competent organisation shall decide on the netting of the professional experience; the appeal against that decision shall be decided by the Ministry; or

(b) abroad, where it corresponds to the content and scope of the relevant training programme and the university, or a person who is entitled under the legislation of that State to provide health services confirming practice at his place of work, provides specialist training for doctors in the relevant field in accordance with the legislation of that State; the netting is decided by the Ministry.

(9) The specialised training of a doctor in the field of specialisation training referred to in Paragraph 19 (3) in the fields referred to in the Ministerial Communication published in the Collection of Laws and International Treaties pursuant to Paragraph 28a (2) (hereinafter referred to as "the Ministerial Communication ') shall include professional experience or part thereof, completed in the framework of successfully completed specialisation training in another of the fields mentioned in the Ministerial Communication, provided that this specialisation training is evidenced by evidence of formal qualifications awarded in accordance with the relevant European Union law in one of the Member States and corresponds to the content and scope of the training programme to which it is to be started. In this way, a maximum of half of the minimum length of the specialisation training sector specified in the Ministry's communication may be counted. The accounting shall be decided by the Ministry or, where appropriate, by the designated organisation; the appeal against the decision of the entrusted organisation shall be decided by the Ministry.

(10) The specialist training of a doctor in the field of specialisation training referred to in § 19 (3) or under § 21f (3) shall not include professional experience or part thereof in the field for which a decision has been made to terminate specialisation training pursuant to § 20 (9).

(11) The specialist training of a doctor may be interrupted because of incapacity for work, maternity and parental leave, military active services, civil services or scientific activities, but may not be shortened by such interruption. Where, by reason of maternity leave or parental leave, a doctor who is included in the specialisation education in the field of pediatrics in accordance with Paragraph 19 (3) has suspended his or her profession, he or she shall, at his or her request, be counted in professional practice for a period of 3 months for maternity leave or parental leave for each child for whom he or she has interrupted specialisation training, provided that maternity leave or parental leave has taken place individually or both in a sum of at least 6 months. A total of a maximum of 6 months may be included in the period of professional experience. The netting shall be decided by the designated organisation; the appeal is decided by the Ministry.

(12) The Ministry lays down minimum requirements for a training programme in the field of general practical medicine by implementing legislation.

(13) Participation in education in the first basic tribe and in the first specialisation field in which the participant in specialisation education is classified under this Act shall be considered as an increase in qualification under the Labour Code 8). Training other than in the first base strain and in the first specialisation field in which a participant in specialisation education is classified under this Act shall be considered as a deepening of qualifications under the Labour Code 8).

(14) The physician may be included in a maximum of two specialisation areas simultaneously, if they have the same baseline strain. A doctor may be included in the second specialisation field only after the basic strain completion certificate has been issued.

(15) The doctor cannot be included in the specialisation field of specialisation and in the extension field.

(16) The application to set aside the professional experience referred to in paragraph 8 (a), other than the general requirements of the administrative rules, shall include the determination of the part and extent of the training programme to which the professional experience is to be counted.

(17) The application to set aside the professional experience referred to in paragraph 8 (b) shall include, in addition to the general requirements laid down in the administrative rules:

(a) the name of the specialisation training field and the name of the basic strain to which the participant is included; and

(b) the determination of the part and extent of the training programme to which professional practice is to be counted.

(18) The applicant shall accompany the application referred to in paragraph 17:

(a) proof of professional experience abroad with an indication of the chronological overview of the practice, the full activity of the doctor, including the extent of the weekly working time and the period during which the professional experience takes place, issued by a person legally acting as a university or by a person authorised under the legislation of that State to provide health services and to provide specialist training in the relevant field in accordance with the legislation of that State;

(b) a certificate of the fact that a university or a person authorised under the legislation of that State to provide health services shall also be entitled to provide specialist training for physicians in the relevant field in accordance with the legislation of that State issued by the competent authority of that State.

(19) The application for inclusion in the professional practice referred to in paragraph 11, other than the general requirements laid down in the administrative rules, shall contain a document confirming the use of maternity leave or parental leave.

(20) The implementing act shall lay down the model for the application for the calculation of professional experience and, where appropriate, parts thereof in accordance with paragraphs 7 to 9.

§ 5a

Basic strain of specialist medical training

(1) The following are the core strains:

(a) anaesthesiological;

(b) dermatoenerological;

(c) gynecological-obstetrics;

(d) hygienic-epidemiological;

(e) surgical,

(f) internal,

(g) cardiothoracic surgery;

(h) maximally facialsurgical;

(i) neurosurgical;

(j) neurological;

(k) ophthalmological;

(l) orthopaedic,

(m) otorinolaryngological;

(n) pathological;

(o) paediatric,

(p) psychiatric,

(q) radiological;

(r) urological; and

(s) general medical practice.

(2) The duration of the basic tribe education is 30 months.

(3) The basic tribe education is completed by examination. The condition for accession to the test shall be that all requirements for obtaining theoretical knowledge and practical skills laid down in the implementing legislation are met. The composition of the test after completion of the primary tribe education is one of the conditions for accession to the test. It is possible to start training in your own specialised training during basic training.

(4) The Ministry and, where appropriate, the designated organisation shall ensure the preparation and conduct of the examination after completion of the training in the basic tribe.

(5) The completion test in the base strain may be repeated in the same base strain not more than three times, but not earlier than six months after the date of the unsuccessfully completed test. In the event that the specified dates of the tests after completion of primary education do not allow tenderers to repeat the test within 8 months of the test being carried out, the test may be repeated before 6 months, but not before 4 months. The test schedule of the test after completion of the basic strain training and the composition of the test panel shall be laid down in the implementing legislation.

(6) If a doctor passes the examination after the completion of the basic strain education, the Ministry or an authorised organisation shall issue a certificate of completion to the basic strain. The formalities and model of the certificate of completion of the base strain shall be laid down in the implementing legislation.

(7) After issuing the certificate of completion of the primary strain, the doctor may apply for inclusion in another specialisation field if the primary strain which the doctor has successfully completed is also the first part of the specialisation training in the field in which the doctor requests to be included.

(8) The implementing act provides for:

(a) the content of education in the core tribes;

(b) requirements for technical and material equipment and personnel security of the workplace which are a condition for obtaining accreditation for the conduct of basic school training;

(c) the breakdown, scope and content of specialisation training in the basic tribe, the duration of compulsory professional experience in the field and the type of workplace at which professional experience takes place;

(d) requirements for theoretical knowledge and practical skills which are the subject of post-school examinations in the baseline tribe;

(e) the scope and content of the study obligations which must be completed prior to accession to the test after completion of the basic tribe education;

(f) the maximum number of trainees which the accredited establishment may assign to one trainer.

§ 6

Discontinuation of the profession of doctor

(1) The professional, specialised and specialised competence acquired by the doctor to pursue the medical profession remains unaffected by the interruption of the profession of the doctor.

(2) For the purposes of this Act, the performance of the profession of a doctor shall be considered to be interrupted to an extent lower than one fifth of the fixed weekly working hours taken together from all basic employment relationships where the profession of a doctor is a type of profession.

(3) If a doctor has ceased to pursue the profession of doctor for a period of more than 6 years in the last 7 years, he shall be obliged to train, without delay after the end of the period of employment, for at least 60 working days at the workplace of the health service provider providing health services in the field for which he has acquired specialised competence. The training shall be conducted under the guidance of a physician with appropriate specialised competence, who shall record the course and completion of the training in the Administrative Expert Certificate. In cases where the doctor has acquired specialised competence in several fields, the training shall take place only in one of them. There is no training in superstructures.

(4) A doctor with specialised competence may, during the period of training referred to in paragraph 3, carry out the activities referred to in the third sentence of Paragraph 4 (2); under the guidance of the doctor referred to in the second sentence of paragraph 3, he may carry out further activities to the extent specified in writing by the doctor.

(5) The completion of the training shall take place as a full-day course to the extent appropriate to the weekly working hours laid down. The training may also take place on a voluntary basis, that is to say, at a lower rate than the fixed weekly working time, the extent of which must not be less than half the fixed weekly working time. If the preparation is loose, the overall length, level and quality shall not be lower than in the case of all-day training.

(6) The training of a doctor shall not include the period of the medical profession exceeding the specified weekly working hours.

(7) The accredited establishment or health service provider in which the completion of the training is carried out has, for the purposes of the completion of training, a documentation of working time in the Administration system.

ČÁST TŘETÍ

_

§ 7

Professional competence for the medical profession of dental practitioner

(1) Professional competence in the profession of dental practitioner is obtained by the completion of at least five years of preschool studies, which includes theoretical and practical teaching in an accredited medical master's programme

(a) dental medicine;

(b) dentistry, if it was initiated in the academic year 2003 / 2004 at the latest.

(2) The performance of the profession of dental practitioner with professional competence is preventive, diagnostic, medical, assessment and dispersal care and educational, research, development and revision activities in the field of dental care, mouth, jaws and related tissues. For the purposes of Article 8 (4), the exercise of the profession of dental practitioner shall also be regarded as a methodological and conceptual activity in the field of health.

(3) Upon obtaining the competence referred to in paragraph 1, a dental practitioner may carry out the activities referred to in paragraph 2 separately.

§ 8

Specialised fitness of dental practitioner

(1) Specialised competence of dental practitioner is obtained by successful completion of specialist training and testing examination (Sections 19 to 21), on the basis of which the dental practitioner is awarded the Ministry of Diploma on specialisation in the relevant specialisation field. The formalities and model of the diploma on specialised competence shall be laid down in implementing legislation.

(2) The fields of specialisation in dental training, the designation of expertise and the length of specialisation in the field are listed in Annex 1 to this Act.

(3) The independent exercise of the profession of dental practitioner with specialised competence shall be an activity in the field of acquired specialisation within the scope of the implementing legislation and the activity referred to in Article 7 (2).

(4) The specialised training of dental practitioner shall be carried out in the course of the profession of dental practitioner according to the training programmes of individual specialisation disciplines approved and published by the Ministry of Health in the Journal of the Ministry of Health and registered in the Administration system; co-operates with universities, the Czech Dental Chamber and specialist companies.

(5) The training programme shall establish the breakdown, scope and content of specialisation training, in particular the duration of compulsory experience in the field and the type of workplace at which the practice takes place. It also lays down requirements for theoretical knowledge and practical skills and other necessary conditions for the acquisition of specialised competence. The training programme shall also specify the content of the theoretical part of the specialised training of dental practitioners.

(6) The specialised training of a dental practitioner shall be carried out in a similar manner to that of a specialist training of a physician under § 5 (4), (7), (8), (10) to (18).

§ 9

Discontinuation of the profession of dental practitioner

(1) The professional and specialised competence acquired in the exercise of the profession of dental practitioner has remained unaffected by the interruption of the profession of dental practitioner.

(2) For the purposes of this Act, the exercise of the profession of dental practitioner shall be considered to be an interruption of the profession of dental practitioner to a range of less than one fifth of the fixed weekly working hours.

(3) Where a dental practitioner with competence has suspended the practice of dental practitioner for a period of more than 6 years in total over the last 7 years, he shall be obliged, without delay after the termination of the dental practitioner's profession, to train for a period of at least 60 working days in an accredited establishment under the authority of a dental practitioner who is competent for the independent exercise of the profession and who has worked in the field for at least 5 years without interruption of the profession of dental practitioner, who shall record the course and completion of the completion of the training in an administrative professional certificate.

(4) A dental practitioner who has not been trained in accordance with paragraph 3 may pursue the profession of dental practitioner only under the professional supervision of a dental practitioner competent for the independent exercise of the profession and who has worked in the field for at least 5 years without interruption of the profession of dental practitioner.

(5) If a dental practitioner with a specialised competence has interrupted the practice of dental practitioner for a period of more than 6 years over the last 7 years, he shall be obliged to be trained within a minimum of 60 working days in an accredited dental establishment under the supervision of a dental practitioner who shall record the course and completion of the completion of the training in the administrative proficiency certificate. In the event that the dental practitioner has acquired specialised competence in several fields, the completion of training takes place only in one of them.

(6) Without professional supervision, a dental practitioner with specialised competence may, during the period of training referred to in paragraph 5, carry out only activities for which he is qualified on the basis of professional competence acquired, provided that he has already been trained to pursue the profession of dental practitioner with professional competence.

(7) The completion of the training shall take place as a full-day course to the extent appropriate to the weekly working hours laid down. The training may take place on a voluntary basis, that is to say, at a lower rate than the fixed weekly working time, and the extent of the training must not be less than half the fixed weekly working time. If the preparation is loose, the overall length, level and quality shall not be lower than in the case of all-day training.

(8) The duration of the medical profession in excess of the fixed weekly working hours shall not be included in dental training.

(9) The accredited establishment or health service provider in which the completion of the training takes place maintains documentation of working attendance in the Administration system for the purposes of the training.

ČÁST ČTVRTÁ

FARMACEUT

§ 10

Professional competence for the medical profession of pharmacist

(1) Professional competence to pursue the profession of pharmacist is acquired through completion of

(a) at least five years of presentation in an accredited medical master's programme of pharmacy which contains theoretical and practical teaching, of which at least six months of experience in a pharmacy or in a pharmaceutical-care workplace with a health service provider providing bed care; or

(b) studies in an accredited pharmacy study programme, if they have started in the academic year 2003 / 2004 at the latest; or

(c) at least five years of presentation at the master's degree programme of pharmacy at a university in the Slovak Republic, where the graduate has started this study between 1 January 1993 and 30 April 2004.

(2) After obtaining the professional competence referred to in paragraph 1, a pharmacist may carry out, on his own, the activities which are the provision of pharmaceutical care under the Law on Health Services, with the exception of those for which it is subject to the acquisition of specialised competence under Section 11. The pharmacist is also competent to carry out activities which are not the provision of health services, in the manufacture and control of pharmaceuticals and in the storage and distribution of pharmaceuticals with the dispenser of pharmaceuticals under the Law on medication8a).

(3) Methodological, conceptual, research and development activities in the field of health shall also be considered as a professional profession.

§ 11

Specialised competence of a pharmacist

(1) Specialised competence of a pharmacist is acquired

(a) the successful completion of specialist training through a test examination (§ 19 to 21), on the basis of which the pharmaceutical is awarded by the Ministry of Diploma on specialisation in the relevant specialisation field; or

(b) the completion of additional professional experience according to the relevant training programme in an establishment accredited for the relevant field of specialisation training or for the relevant field of additional professional experience, to be issued by the applicant for a certificate of termination.

Citation	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
Regulation Type	-
Author	-
Collection	Code of Laws

Date of Promulgation	03.03.2004
Effective from	02.04.2004
Effective until	-
Status	Valid

Act No. 95 / 2004 Coll.

Law on the conditions for obtaining and recognising professional competence and specialised competence in the exercise of the profession of medical practitioner, dental practitioner and pharmacist

Contents

ČÁST PRVNÍ

§ 1

§ 2

§ 2a

§ 3

ČÁST DRUHÁ

§ 4

§ 5

§ 5a

§ 6

ČÁST TŘETÍ

§ 7

§ 8

§ 9

ČÁST ČTVRTÁ

§ 10

§ 11

Contents

Comments 0

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