Act No. 346 / 2011 Coll.
Act amending 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 a physician, dental practitioner and pharmacist, as amended, and Act No 96 / 2004 Coll., on the conditions for acquiring and recognising competence for the pursuit of non-medical medical professions and for carrying out activities related to the provision of medical care and amending certain related laws (Law on non-medical medical professions), as amended
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29.11.2011
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346
THE LAW
of 26 October 2011
amending Act No 95 / 2004 Coll., on the conditions for obtaining and recognising professional competence and specialised competence for the exercise of the profession of medical practitioner, dental practitioner and pharmacist, as amended, and Act No 96 / 2004 Coll., on the conditions for obtaining and recognising competence for the pursuit of non-medical medical professions and for the exercise of health care activities and on the amendment of certain related laws (Law on non-medical medical professions), as amended
Parliament has decided on this law of the Czech Republic:
Amendment of the Act on the conditions for obtaining and recognising professional competence and specialised competence to pursue the medical profession of doctor, dentist and pharmacist
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 physician, dental practitioner and pharmacist, as amended by Act No. 125 / 2005 Coll., Act No. 124 / 2008 Coll., Act No. 189 / 2008 Coll. and Act No. 227 / 2009 Coll., is amended as follows:
1. in Article 2 (e) and (f), the words'; these activities shall be laid down by the Government by regulation 'shall be deleted;
2. Paragraph 5 (8) reads as follows:
"(8) Professional experience or part thereof shall be included in the specialist training of the physician, completed
(a) in another field of specialisation where it corresponds to the content and scope of the relevant training programme; the accounting of professional experience shall be decided by the designated organisation; the appeal against that decision shall be decided by the Ministry; or
(b) abroad if it corresponds to the content and scope of the training programme concerned; the application for set-off and the officially certified proof in the Czech language of professional experience abroad shall be submitted by the doctor to the Ministry which decides to set-off. ';
3. in Paragraph 14 (2) (i), the word "training" shall be inserted after the word "number."
4. In Article 15 (1), the words "for the examination of an application under Article 14, for the examination of a proposal for withdrawal of accreditation and for the expert evaluation of the application for a subsidy to a residential place (§ 21a) 'are deleted.
5. In Article 15 (2), the words "and the Czech Social Security Administration 'are replaced by the words", the Czech Social Security Administration and the interest association of healthcare providers'.
6.
(1) Accreditation Board for the relevant field of specialisation training or for the relevant specialisation of additional professional experience, or for the relevant field of certified course,
(a) assess:
1. application pursuant to Paragraph 14,
2. proposals to withdraw accreditation; and
(b) prepare supporting documents
1. for training programmes of individual specialisation fields,
2. for determining the activities of doctors, dentists and pharmacists in an implementing act pursuant to § 4 (2), § 5 (2) and § 11 (2); and
(c) determine the content of the test and the final examination of the certified course, within the scope of the training programme of the relevant field; the accreditation board may request proposals from the organisation responsible for the test or final examination of the certified course.
(2) The Accreditation Board shall forward the documents referred to in paragraph 1 (b) to the Ministry within a time limit specified by the Ministry.
(3) The Accreditation Committee shall, in its activities, be governed by its Statute and by the Rules of Procedure issued by the Ministry. "
7. In Paragraph 18 (2), the words "Accreditation holder is obliged 'are replaced by the words" Accredited equipment is required' and the words "or if the Accreditation holder dies without having complied with 'are replaced by the words" Accredited equipment without meeting'.
8. In Article 18, the following paragraph 3 is added:
"(3) In addition, the accredited establishment shall, at the request of the training participant transferring to another accredited establishment during specialisation training, transmit copies of the documentation held on that participant to that other accredited establishment. ';
9. In Paragraph 19 (2), the sentence "The Ministry or, where appropriate, the designated organisation, shall be inserted after the first sentence, providing advice and consulting activities related to the inclusion in and the course of specialisation training. ';
10. In Paragraph 21, the following paragraph 2 is inserted after paragraph 1:
"(2) Ministry or, where appropriate, delegated organisation
(a) ensure the preparation and conduct of the test; and
(b) ensure that opinions are drawn up on the evaluation work. ";
Paragraphs 2 and 3 shall become paragraphs 3 and 4.
11. Paragraph 21a, including the title, reads:
"Financing of specialisation training
(1) The Ministry co-finances specialist training of health workers in the form of subsidies for residential sites. The grant to the residence is provided from the state budget through the budget chapter of the Ministry. There is no legal claim to grant the subsidy. The Ministry shall publish in the Ministry Bulletin and in a manner that allows remote access until 31 December the subsidy procedure methodology for the following calendar year.
(2) The costs of securing the grant procedure may be borne by the Ministry from the appropriations for the grants up to a maximum of 2,5% of the total amount of the Ministry's appropriations for the funding of the specialisation training in a given calendar year.
(3) The amount of the grant per residence for the following calendar year shall be determined and published by the Ministry in a manner which allows remote access by 31 December at the latest.
(4) The grant to a resident is granted for partial reimbursement of costs associated with specialist training of the resident, including salary or salary funds,
(a) specialisation training in the basic group in the field of specialisation training of doctors, unless the grant to a residence is granted under (b) for a maximum period of 24 months; or
(b) for the whole specialisation training in selected specialisation training fields of doctors; these selected disciplines and the number of such residences in the selected disciplines shall be determined by the Ministry for the following calendar year by 31 December following consultation with the Czech Medical Chamber and the professional companies in view of the lack of doctors with the relevant specialised competence in the labour market.
(5) The duration of the specialisation training referred to in paragraph 4 (b) corresponds to the duration of the specialisation training provided for by the training programme of the relevant field published in the Ministry Bulletin.
(6) Subsidy for a residential site shall be granted to an accredited establishment for the entire calendar month in which the conditions for its provision are met. The grant to a residence may not be granted retroactively for the calendar months preceding the submission of the application.
(7) An accredited establishment may apply for a grant to a residence as referred to in paragraph 4 (a) if a specialist training participant commences specialisation training in that accredited establishment and at the same time has an accredited establishment with a specialist training participant entered into an employment contract of at least half of the specified weekly working time (2b) and for at least the duration of the specialisation training provided for by the training programme in the relevant field.
(8) Applications for grants to a residential site referred to in paragraph 4 (a) submitted after 31 October shall be submitted to a residential site not earlier than 1 January of the following calendar year. ';
12. The following Sections 21aa to 21ad, including the title and footnotes 24 and 25, are inserted after Section 21a:
(1) The application for a grant to a residential establishment is submitted by the accredited establishment to the Ministry or, where appropriate, to an authorised organisation on a prescribed form published by the Ministry in the Ministry's Bulletin and in a manner that allows remote access.
(2) Application for a subsidy to a resident place
(a) according to Article 21a (4) (a) contains:
1. the name, address and identification number of the accredited establishment;
2. name and surname, date and place of birth, contact address and citizenship of the participant in specialisation training;
3. the field of specialisation training in which the participant in specialisation training is included,
4. the date of inclusion of the participant in specialisation training;
5. a copy of the contract of employment concluded with a participant in specialisation training;
6. start date and, where appropriate, expected termination date, specialist training of the specialist training participant in the accredited establishment;
7. the number of participants in specialist training who are trained in an accredited establishment in each field; and
8. the maximum number of training points for which an installation has been accredited; or
(b) in accordance with Article 21a (4) (b):
1. the name, address and identification number of the accredited establishment;
2. specialisation training;
3. the number of participants in specialist training who are trained in an accredited establishment in each field; and
4. the maximum number of training places for which the installation has been accredited.
(3) The maximum number of residences in the application for a subsidy to resident posts may not exceed the number of training posts approved in the accreditation decision for the relevant field of specialisation training.
(1) The Ministry shall decide to grant a grant to a residence in accordance with Article 21a (4) (a) within 60 days of the date of receipt of the application. If the employment contract between an accredited establishment requesting the grant of a residence grant pursuant to Paragraph 21a (4) (a) is concluded by a participant in specialisation training to a shorter extent than the fixed weekly working time, the Ministry shall grant a grant to a residence for a relatively reduced amount for a relatively longer period.
(2) Applications to grant a residence grant pursuant to Article 21a (4) (b) submitted by accredited establishments by 15 March shall be decided by the Ministry by 30 June at the latest; the decision to grant the subsidy to a residential site pursuant to Article 21a (4) (b) shall be published by the Ministry.
(3) In the procedure for applying for a residence grant pursuant to Article 21a (4) (b), the Ministry or, where applicable, the designated organisation shall assess compliance with the formal requirements of the application pursuant to Article 21aa (2) (b) and, if the application for a residence grant pursuant to Article 21a (4) (b) meets the formal requirements of Article 21aa (2) (b), shall submit it to the accreditation committee for the relevant field of specialisation training for professional examination.
(4) The Accreditation Board will examine the application for a grant to a residence in accordance with Section 21a (4) (b), in particular in terms of quality assurance of the entire training programme, personnel, material and technical provision of each residence and equal regional availability of residence places in the Czech Republic.
(5) The Accreditation Committee shall submit a draft assessment of the application for a residence grant pursuant to Article 21a (4) (b), including a draft order of applications to the Ministry, no later than 30 days after receipt of the applications. The Ministry shall decide on the grant to a residential place under Paragraph 21a (4) (b). If the Ministry has not received a draft accreditation committee within the prescribed time limit, it shall decide without such a proposal.
(6) In addition to the figures laid down in the budget rules, the decision to grant a subsidy to a resident
(a) under Paragraph 21a (4) (a)
1. the name, address and identification number of the accredited establishment;
2. the banking link of the accredited facility,
3. the name and, where applicable, the surname and date of birth of the resident for whose specialised training the accredited establishment is granted a subsidy to the residence,
4. the name of the specialisation sector in which the resident for whose specialisation training the accredited establishment is granted a subsidy to a resident place,
5. the purpose for which the subsidy is granted;
6. the number of months for which the subsidy is granted;
7. the amount of the subsidy; and
8. conditions for drawing a grant to a resident place; or
(b) under Paragraph 21a (4) (b)
1. the name, address and identification number of the accredited establishment;
2. the banking link of the accredited facility,
3. the purpose for which the subsidy is granted;
4. the number of months for which the grant is granted;
5. number of residences, indicating the specialisation training to which the grant is granted;
6. the amount of the subsidy; and
7. conditions for drawing the subsidy to a residential place.
(7) If the Ministry does not provide the subsidy, it shall issue a reasoned decision rejecting the application for a grant to a resident.
(1) Ministry
(a) suspend the grant of a residence grant for the period of interruption of the resident specialisation training; the total period of interruption shall not exceed 5 years; or
(b) suspend the grant of a grant to a resident place where:
1. the specialist training of the resident in the field for which the grant to the residence is granted is completed;
2. the employment of a resident in an accredited establishment receiving a grant to a resident place is terminated; or
3. the accredited establishment infringes obligations under § 21d.
(2) If, during a calendar year, a resident enters into an employment relationship for the purpose of specialisation training for which a grant is granted to a resident in accordance with § 21a (4) (a) with another accredited establishment, that other accredited establishment may apply for a grant to a resident in accordance with § 21a (4) (a). Paragraph 21a to 21ab shall apply mutatis mutandis.
(3) Where a resident who receives a grant from an accredited establishment to a residence in accordance with Article 21a (4) (b) terminates his employment relationship with that accredited establishment by agreement or notice, the Ministry, in cooperation with the accreditation committee for the relevant field of specialisation training, shall decide on the assignment of a new residence in accordance with Article 21a (4) (b) to that resident in another accredited establishment. Paragraph 21a to 21ab shall apply mutatis mutandis.
(4) If an accredited establishment with a residence has ceased to exist without a successor legal person, or if the accreditation of such an establishment has been terminated, withdrawn or expired, the Ministry, in cooperation with the accreditation committee for the relevant field of specialisation training, shall decide on the allocation of a new residence for that resident in another accredited establishment. Paragraph 21a to 21ab shall apply mutatis mutandis.
Resident
Participant in specialisation training
(a) may be resident
1. in the field of specialisation education,
2. if he is a national of the Czech Republic or another Member State or a national of a Member State other than a Member State that is a family member of a Member State (24) or has been granted long-term resident status in the European Union25), and
3. in the course of specialisation training only in one selected basic strain or field of specialisation training for which a subsidy is granted to a resident place pursuant to § 21a (4) (a) or (b);
(b) may not be resident
1. in a residential place for which a grant is granted pursuant to Article 21a (4) (a) if it has obtained a certificate of completion of the basic strain of specialisation training; or
2. in a resident for which a grant is granted pursuant to Article 21a (4) (b), if it has acquired specialised competence.
24) Article 24 of 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.
25) Articles 11 and 21 of Council Directive 2003 / 109 / EC of 25 November 2003 concerning the status of third-country nationals who are long-term residents. '
13. in Article 21b (1) and (3), the words "to which the grant referred to in Article 21a (4) (b) is granted" shall be inserted after the word "place."
14. in the first sentence of Article 21b (2), the words "or, if not chosen," shall be inserted after the words "instead."
15. in Article 21b, paragraph 4 is deleted;
16. Article 21c shall be deleted, including the title.
17.
Obligations of an accredited establishment with a resident place
In addition to the obligations set out in Paragraph 18, an accredited establishment with a resident place is also required
(a) ensure that the resident is duly completed in all parts of the training programme;
(b) to report to the Ministry or to the organisation responsible for the organisation any changes in the information contained in the grant application to a residential place affecting the drawing of the subsidy, the completion of the basic strain, the termination of the resident's employment relationship and the termination of the resident's specialisation training within 15 calendar days of the date on which such events occurred;
(c) report to the Ministry or delegated organisation the date of commencement and termination of the interruption of the resident specialisation training no later than 10 calendar days from the date on which the said facts occurred;
(d) return to the Ministry or entrusted organisation the unspent portion of the grant granted at the end of the resident's employment relationship or the termination of the resident's specialisation training within 30 days of the date on which the said facts occurred;
(e) submit an interim report and a final report to the Ministry or the entrusted organisation on the cost of the grant to the residence; and
(f) be subject to verification of compliance with the conditions for drawing up the subsidy to the residence place and the effectiveness of the use of the funds spent by the Ministry and, at the latter's request, to submit documents relating to the specialist training of the resident and the assurance of his education for inspection. "
18. in Article 21f (1), the words "accredited establishment" shall be replaced by the words "Ministry or, where appropriate, authorised organisation."
19. Paragraph 21f (3) reads as follows:
"(3) The Ministry or, where appropriate, the designated organisation shall include the applicant in the certified course within 30 days of receipt of the application. If the applicant fails to demonstrate his / her competence with the documents referred to in paragraph 2, the Ministry shall, within the time limit specified in the first sentence, decide not to include the applicant in the certified course. ';
20. in Article 21f, the following paragraph 4 is added:
"(4) The Ministry or, where appropriate, the designated organisation shall indicate in the register referred to in Article 19 (4) the information on the applicant's inclusion in the certified course and on the applicant's specific competence. The Ministry or, where appropriate, the delegated organisation shall provide advice and consultation activities related to the inclusion in the training in the certified course and its course. ';
21. the following paragraph 2 is inserted after paragraph 1:
"(2) Ministry or, where appropriate, delegated organisation
(a) ensure the preparation and conduct of the final examination of the certified course; and
(b) ensure that opinions on final work are drawn up. "
Paragraphs 2 and 3 shall become paragraphs 3 and 4.
22. in Paragraph 21h (3), the words "testing tests" are replaced by the words "final examinations of a certified course."
23. in Article 36a (3), the following point (g) is inserted after point (f):
"(g) in contravention of Paragraph 18 (3), it shall not transmit to another accredited establishment copies of all documentation held concerning a participant in specialisation training;"
Points (g) to (i) shall be renumbered as points (h) to (j).
24. in Article 36a (3) (i), the words "not to report the completion of the basic strain, termination of employment of a resident or termination of specialist training of a resident shall be added;"
25. in Paragraph 36a, at the end of paragraph 3, the dot is replaced by a comma and the following points (k) and (l) are added:
"(k) in contravention of Paragraph 21d (e), not submit an interim report and a final report on the effectiveness of the resident specialisation training grant;
(l) in contravention of Article 21d (f), they shall not be subject to verification of compliance with the conditions for drawing the subsidy and the effectiveness of the use of the subsidy. ";
26. in Paragraph 36a (4) (a), "(h) and (i)" is replaced by "(i) to (l)."
27. in Article 36a (4) (b), "to (g)" is replaced by "to (h)";
Transitional provisions
1. The rights and obligations of residents and accredited establishments with a place of residence which received a subsidy pursuant to § 21a to 21d of Act No. 95 / 2004 Coll., as effective until the date of entry into force of this Act, are governed by Act No. 95 / 2004 Coll., as effective until the date of entry into force of this Act, with the exception of § 21a (11) and § 21c; the total period of suspension of the grant is governed by § 21ac (1) (a) of Act No. 95 / 2004 Coll., as effective from the date of entry into force of the Act.
2. The resident is not obliged to pursue a profession in the Czech Republic from the date of the entry into force of this Act, even if he has undertaken to do so in a contract (Stabilisation Agreement), concluded pursuant to § 21b (4) of Act No. 95 / 2004 Coll., as effective until the date of entry into force of this Act.
3. The amount of the grant to a resident in 2011, the specialisation training of doctors in which the grant to a resident will be granted throughout the specialist training of the doctor, the number of residences in these specialisation training fields and the 2011 Methodology of the subsidy procedure shall be determined and published by the Ministry of Health (hereinafter the Ministry) within 2 months of the date of entry into force of this Act.
4. Physicians who have obtained a diploma from the Institute of Postgraduate Education in Health in the initial field of emergency medicine before 2 April 2004 shall acquire specialised competence in the field of emergency medicine on the date of effectiveness of this Act. The Ministry shall issue, upon written request by the doctor, a certificate of specialised competence in the field of emergency medicine. The Ministry shall issue the certificate within 30 days of the date of application.
5. Physicians who, under previous legislation, have acquired first-degree specialisation in basic fields of specialisation education and, at the date of the entry into force of this Act, have been under the professional supervision of the medical profession of medical practitioners in the field of assessment medicine to the extent of at least half of the specified working conditions (2b), have acquired special competence in the field of assessment medicine at the date of effectiveness of this Act. The Ministry shall, upon written request by the physician, issue a certificate of specific competence in the field of assessment within 30 days of the date of application.
6. Physicians who, according to previous legislation, obtained first-degree specialisation in basic fields of specialisation education and who until 17 April 2004 obtained a certificate from the Czech Medical Chamber to perform private medical practice in another specialisation field and, at the date of the entry into force of this Act, at least 12 of the last 15 years performed the medical profession of doctors in this other specialisation field to the extent of at least half of the specified working conditions (2b) shall acquire specialised competence in this other specialisation field on the date of effectiveness of this Act. The Ministry shall, at the request of the doctor in writing, take a decision on the granting of specialised competence in the field within 90 days of the date of the application. In the case of the field of diabetes and endocrinology, compliance with the conditions and recognition of specialist competence is assessed separately in the section of diabetes and separately in the section of endocrinology.
7. Dental practitioners, who received a degree II specialisation in basic dental care according to previous legislation before 1 July 2004, and on the date of effectiveness of this law, perform the profession of dental practitioner at the workplace of the clinic of the faculty hospital in the Czech Republic, acquire specialist competence in clinical dentistry. The Ministry shall, upon written application by the dental practitioner, issue a certificate of specialised competence in clinical dentistry within 30 days of the date of the application.
Amendment to the Act on Non-Medical Medical Professions
Act No. 96 / 2004 Coll., on the conditions for the acquisition and recognition of competence for the exercise of non-medical health professions and for the exercise 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. and Act No. 105 / 2011 Coll., is amended as follows:
1. In Article 2 (m), the words "or the Regional Health Station 'shall be inserted after the words" in a health establishment'.
2. In Article 60a (6), the words "or a regional health centre 'shall be inserted after the words" an establishment'.
3. In Paragraph 60a (12), "3 years' is replaced by" 5 years';
4. In Article 60b (1) and (2), the words "or a regional health centre with a resident place 'shall be inserted after the words" a residential establishment'.
5. In Article 60b (1), the words "this establishment 'are replaced by the words" a residential health facility or a regional health centre'.
6. In Paragraph 60b (2), the words "the previous paragraph 'are replaced by the words" paragraph 1'.
7. In Article 60b (3), the words "and a regional health centre with a residential location 'shall be inserted after the words" a residential establishment'.
8. Paragraph 60b (4) reads as follows:
"(4) The selected candidate becomes resident at the moment when:
(a) is included in the field of specialisation training in the relevant field;
(b) initiate specialist training at an approved residence in a hospital with a resident place;
(c) has a contract of employment of at least half of the fixed weekly working time (2b) and at least for the duration of the specialisation training provided for by the training programme in the relevant field; and
(d) has been selected by a medical establishment with a residence as referred to in paragraph 3. ';
9. In Article 60b, the following paragraph 5 is added:
"(5) The selected candidate shall cease to be a resident at the time of completion of the specialisation training by successful completion of the test examination or at the time of completion of the specialisation training in a hospital with a residence. '
10. Article 60c shall be deleted, including the title.
11. In the title of § 60d, the words "and regional health stations with a residential place 'are added.
12. In the introductory part of Section 60d of the provision, the words "mandatory 'are replaced by the words" and a regional health station with a residence is required'.
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Regulation Information
| Citation | Act No. 346 / 2011 Coll., amending Act No. 95 / 2004 Coll., on the conditions for obtaining and recognising professional competence and specialised competence for the pursuit of the medical profession of a physician, dental practitioner and pharmacist, as amended, and Act No. 96 / 2004 Coll., on the conditions for obtaining and recognition of competence for the pursuit of non-medical medical professions and for the exercise of activities related to the provision of medical care and on the modification of certain related laws (Law on non-medical medical medical professions), as amended |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 29.11.2011 |
|---|---|
| Effective from | 29.11.2011 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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