European directives & Dutch practice
description
Transcript of European directives & Dutch practice
European directives &
Dutch practice
Committee Foreign Degree Holders Health Care Advice Committee to the Minister of Health in the Netherlands
Central Agency for Information on Health Care Professions Warsaw, Poland, April 15th 2004, Mr. Niels P. Wijkhuijs, secretary
Process of RecognitionForeign Degree Holders Health Care
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Content
Sectoral Directives & General System
Dutch numbers in 2002
Dutch infrastructure
Dutch actors
Cases (after break, with Mrs. d’Artillac Brill)
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Sectoral Directives & General System (I)
European Union (EU): agreements on the
recognition of qualifications
General System
Sectoral Directives
Applications from outside the EU
decision on application important to other member states
European Economic Area (EEA)
EU + Norway, Liechtenstein, Iceland + Switzerland
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Sectoral Directives & General System (II)
General System:
First Directive (89/48/EU)
Second Directive (92/51/EU) GeneralSystem
Third Directive (99/42/EU)
not Sectoral Directives-professions mutual trust of EEA-member states in their training and
diploma but in case of ESSENTIAL DIFFERENCES:
adaptation period aptitude test
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Sectoral Directives & General System (III)
Sectoral Directives Health Care:
Doctor (93/16/EU) Pharmacist (85/432/EU and 85/433/EU) Dentist (78/686/EU and 78/687/EU) Midwife (80/154/EU and 80/155/EU) Nurse (77/452/EU and 77/453/EU)
diploma automatically recognized by member states specific diploma mentioned in Sectoral Directive training’s structure and content is (roughly) harmonized
within EEA-member states
ACQUIRED RIGHTS possible in case not all conditions are fulfilled for automatic recognition
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Sectoral Directives & General System (IV)Acquired Rights
‘3 years out of 5 years’-experience
“in the case diplomas (…) do not satisfy all the minimum training requirements,
each member state shall recognize these diplomas as sufficient proof (…) when
accompanied by a certificate stating that [a national] have effectively and lawfully
been engaged in the activities in question for at least three (consecutive) years
during the five years prior to the date of issue of the certificate.”
Doctor section 9, par. 1 (93/16/EU)
Pharmacist section 6, par. 1 (85/433/EU)
Dentist section 7, par. 1 (78/686/EU)
Midwife section 5, par. 1 (80/154/EU)
Nurse section 4, par. 1 (77/452/EU)
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Sectoral Directives & General System (V)Acquired Rights
‘declaration from competent authorities’
“in the case diplomas (…) do not confirm with qualifications or designations (…),
each member state shall recognize as sufficient proof the diplomas (…),
accompanied by a certificate issues by the competent authorities of bodies,
stating that diplomas (…) were awarded following training in accordance with
(summarized) ‘training requirements’ (…).”
Doctor section 9, par. 5 (see also 42b) (93/16/EU)
Pharmacist section 6, par. 2 (see also 18b) (85/433/EU)
Dentist section 7, par. 3 (see also 23b) (78/686/EU)
Midwife section 5, par. 3 (see also 19b) (80/154/EU)
Nurse section 4, par. 2 (see also 18b) (77/452/EU)
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Sectoral Directives & General System (VI)‘Third Countries’
“member states shall examine diplomas (…) in the field covered by
the Directive, obtained by the holder outside the EU in cases where
those diplomas (…) have been recognised in a member state, as well
as of training undergone and/or professional experience gained in a
member state.”
Doctor section 42c (93/16/EU)
Pharmacist section 18c (85/432/EU)
Dentist section 23c (78/686/EU)
Midwife section 19c (80/154/EU)
Nurse section 18c (77/452/EU)
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Sectoral Directives & General System (VII)Challenge for the accession countries:
Implementation of General System & Sectoral
Directives in own law
Infrastructure for decision making on
applications and registration: e.g. decision within terms!
e.g. motivation of decision and appeal
e.g. costs, documents, information et cetera
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(Numbers I)
Sectoral Directives (number of registered
practitioners in the “BIG-register” with a Sectoral
Directive-diploma)
doctor 531pharmacist 22dentist 170midwife 69nurse 371
Total 1163
Dutch numbers in the year 2002
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(Numbers II)
Sectoral Directives (number of “not-regular-
cases”)
doctor 13pharmacist 2dentist 10midwife 2nurse 23
Total 50
Acquired Rights (possibility)
Dutch numbers in the year 2002
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(Numbers III)
General System (number of applications for
a training title)
physiotherapist 16psychotherapist/psychologist health care 6assistant nurse 2occupational therapist 9speech therapist 2radiographic laboratory worker 2podiatrist 1dental hygienist 1assistent pharmacist 5
Total 44
Dutch numbers in the year 2002
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(Numbers IV)
Number of applications from outside EEA
doctor 303pharmacist 15dentist 134midwife 14nurse 147physiotherapist 15psychotherapist/psychologist health care 4assistant nurse 11occupational therapist 6speech therapist 2radiographic laboratory worker 10dental hygienist 2assistent pharmacist 5
Total 668
Dutch numbers in the year 2002
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(Numbers V)
Applications from outside EEA - accession countries
Doctor (303) 31 eq. 114 a.e. 158 n.e.Poland (28) 7 eq. 19 a.e. 2 n.e. Hungary (6) 6 a.e.Czech Rep. (1) 1 a.e.Slovakia (3) 1 a.e. 2 n.e.
Pharmacist (15) 2 eq. 13 n.e.Poland (1) 1 eq.Lithuania (1) 1 eq.
Dentist (134) 18 eq. 54 a.e. 62 n.e.Poland (6) 1 a.e. 5 n.e.Hungary (1) 1 a.e.Czech Rep. (1) 1 n.e.Lithuania (2) 2 n.e.Latvia (1) 1 n.e.
Dutch numbers in the year 2002
eq. =
equivalent
a.e. =
almost
equivalent
n.e. =
not
equivalent
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(Numbers VI)
Applications from outside EEA - accession countries
Midwife (14) 14 n.e.Poland (5) 5 n.e.Hungary (1) 1 n.e.
Nurse (147) 28 eq. 29 a.e. 90 n.e.Poland (14) 3 eq. 2 a.e. 9 n.e.Hungary (3) 3 n.e.Czech Rep. (4) 2 a.e. 2 n.e.Slovakia (4) 3 eq. 1 n.e.Lithuania (3) 3 n.e.Estonia (2) 2 n.e.
Physiotherapist (15) 3 eq. 3 a.e. 9 n.e.Poland (1) 1 n.e.Hungary (2) 1 a.e. 3 n.e.
Dutch numbers in the year 2002
eq. =
equivalent
a.e. =
almost
equivalent
n.e. =
not
equivalent
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(Numbers VII)
Applications from outside EEA - accession countries
Psychotherapist/psychologist health care (4) 1 eq. 1 a.e. 2 n.e.
Czech Rep. (1) 1 a.e.
Assistant nurse (11) 1 eq. 10 n.e.Poland (1) 1 n.e.
Radiographic laboratory worker (10) 2 eq. 8 n.e.Poland (1) 1 n.e.Czech Rep. (1) 1 n.e.
Assistent pharmacist (5) 2 eq. 3 n.e.
Poland (1) 1 eq.
Dutch numbers in the year 2002
eq. =
equivalent
a.e. =
almost
equivalent
n.e. =
not
equivalent
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Infrastructure (I)
Individual Health Care Act (“BIG-act”)
regulation of quality in Dutch health care
Aim “BIG-act” promote and safeguard the quality of
professional practice in individual health care protect patients from unprofessional treatment
Two categories of regulated professions in “BIG-act”:
Professions with ‘registered titles’ Professions with ‘training titles’
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Infrastructure (II)
doctorpharmacistdentist Sectoral Directives-professionsmidwifenursephysiotherapistpsychotherapist General Systempsychologist health care
registration in legal “BIG-register”
Numbers in “BIG-register”
Professions (8) with ‘registered title’
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Infrastructure (III)
Registrations February 1st 2004 “BIG-register”
doctor 56.690 pharmacists 4.970 dentists 9.842 midwife 2.836 nurse 226.517 physiotherapist 33.924 psychotherapist 6.020 psychologist health care9.709
350.508
Professions (8) with ‘registered title’
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Infrastructure (IV)
assistant nursedental prothesis makerskin therapistoccupational therapistspeech therapistpodiatristorthoptistoptometristMensendieck therapistCesar therapistradiographic laboratory worker (therapeutic/diagnostic)dental hygienistdieticianassistent pharmacist
no legal register no legal disciplinary rules
Professions (14) with ‘training title’
General
System
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Infrastructure (V)Individual Health Care Act (“BIG-act”)
(besides the regulation of Dutch health care professions)
Implementation of
the Sectoral Directives and
the General System
“BIG-act”-chapter foreign degree holders
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Infrastructure (VI)“BIG-act”-chapter foreign degree holders
1. ‘Regulation on the Registration of Foreign
Health Care Qualifications’
(contains list of Sectoral Directive-diplomas
and possible bilateral agreements)
direct application for
registration in “BIG-register”
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Infrastructure (VII)Registration in “BIG-register”:
Dutch diploma completed and signed application form original diploma or certified copy payment of registration fee (€ 59,-)
EEA diploma (sectoral directives) completed and signed application form original diploma/certificate letter of good conduct copy of passport payment of registration fee (€ 59,-)
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Infrastructure (VIII)“BIG-act”-chapter foreign degreeholders
2. ‘Application for a Declaration of Professional
Competence’
‘Not-regular-case’ Sectoral Directive
General System-cases
Applications from outside the EEA
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Infrastructure (IX)Declaration of Professional Competence: request to Minister of Health
optional:
advice Committee Foreign Degree Holders with
evaluation of the diploma - information on the foreign
educational system - by Nuffic or Colo (Naric)
final decision by Minister of Health
possible appeal:
General Administrative Act
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Infrastructure (X)Declaration of Professional Competence
list of documents for file (compulsory): application form
certified copy of passport
certified copy of the qualification
grades, etcetera
professional course program (hours)
proof of registration (if available)
proof of permit to practice
proof of professional experience, etcetera
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Infrastructure (XI)Declaration of Professional Competence
possible results: ‘Not-regular-cases’ Sectoral Directive:
registration in “BIG-register” or other
General System:
equivalent or essential differences:
adaptation period
aptitude test
Applications from outside EEA:
equivalent, almost equivalent or not equivalent
(conditional) registration “BIG-register” add. training
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Actors (I)- Ministry of Health
recognition of qualifications of medical professions
regulation of ‘Training requirements and Areas of Competency’
of the “BIG-act”-professions
- Ministry of Education (+ training institutes) training/education
In case of adjustments in ‘training requirements’:
negotiations between these two ministries
- Ministry of Social Affairs
work permit (not for EEA)
- Ministry of Justice residence status (not for EEA)
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Actors (II)
“assignment of executive power”
Ministry of Health in the Netherlands
Information and Referral Desk Foreign Degree Holders
Department Declarations of Professional Competence
“BIG-register”
Other departments
Central agency: Centre for Information on Health Care Professions
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Actors (III)
4 Members (+ 4 deputy-members), appointed by the Minister of Health: 2 (+ 2) members from the training/educational institutes 2 (+ 2) members from the professional organizations
Department Declarations of Professional Competence
Bureau of Foreign Degree Holders: “decision on application”
Secretariate Committee Foreign Degree Holders: “advice”
Chairman Committee Foreign Degree Holders
Members of the Committee Foreign Degree Holders
(176 members)
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Actors (IV) Information and Referral Desk Foreign Degree Holders
“BIG-register”
Help desk Staff Registration desk
General information on the application of a foreign degree
holder (telephone and personal) Referral to “BIG-register” in case of Sectoral Directive-
diploma
Registration of Dutch diplomas (8 professions) Registration (automatically) of Sectoral Directive-diploma Registration in case of positive decision on application of
professional competence
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Public information restricted to the following information:
whether a person is registered whether a person is recognised as a specialist and for
which specialism whether the registration is suspended and for how long whether part of the competence is revoked whether conditions apply and for how long
Actors (V) “BIG-register”
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Information & questions:
Mr. N. (Niels) P. Wijkhuijs, secretary
Committee Foreign Degree Holders Health Care
PO Box 16114
2500 BC The Hague
The Netherlands
Telephone: 0031-70-3406156
Fax: 0031-70-3405105
E-mail: [email protected]
Website: www.buitenlandsediplomahouders.nl
(English pages under construction)
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