Health certificate
Health certificate is the certificate of a doctor on the past, current or future state of health of a patient .
General
The term health certificate is or has been used in various medical contexts. It can include disability certificates , medical reports , certificates , blood alcohol advice , vaccination certificates , medical certificates , therapy - and laboratory findings or medical evidence to be understood.
According to the Federal Disease Act (BSeuchG), which expired in January 2001 , all persons who commercially produce or sell food had to have a health certificate issued by the health department ( medical service ) (Section 18 BSeuchG). It was replaced by taking part in an instruction ("hygiene instruction ") at the health department due to the Infection Protection Act ( § 43 IfSG) that has been in force since then . The work of prostitutes (people with frequently alternating sexual intercourse , promiscuity ) was also subject to official medical control in Germany until December 2000: the so-called “ Bockschein ” could be interpreted as a health certificate; it was also canceled by the IfSG.
purpose
Health certificates serve as evidence, especially for insurance companies such as occupational disability insurance , health insurance or term life insurance or when applying to employers . Insurance companies require health certificates in their general insurance conditions in order to be able to assess the risk of illness to be insured . Employers require particular health certificates for the adjustment of workers ( recruitment examination ), for example, when potentially hazardous work exists. The prevailing opinion recognizes the employer's right to require the applicant to undergo a medical examination. With the help of the recruitment examination physical or medical fitness can the candidate for the vacant workplace be determined. Health certificates do not confirm that a person is healthy. They merely certify that at the time of the check the doctor checking could not find anything that would stand in the way of a certification.
Legal issues
Section 25 (1) of the model professional code of conduct for doctors generally stipulates that the doctors must proceed with the necessary care when issuing medical reports and certificates and express their medical beliefs to the best of their knowledge.
Workers
Insofar as a health certificate is not required by law, the employer can only make hiring an employee dependent on an examination of physical and mental abilities that are related to the later work content .
The Infection Protection Act (IfSG), which has been in force since January 2001, replaced the BSeuchG and, in Section 42 (1) IfSG, prohibits employment for people suffering from certain infections who are not active or are not allowed to be employed in the production, treatment or marketing of food , if they come into contact with them or are supposed to work in the kitchens of restaurants and other facilities with or for communal catering. Therefore, Section 43 (1) IfSG requires that people only exercise these activities for the first time and only be allowed to be engaged in these activities for the first time if a certificate from the health department or a doctor commissioned by the health department demonstrates that they are harmless .
By § 32 para. 1 JArbSchG is required that a teenager may only be employed when entering professional life when an investigation is carried out by a physician within the last 14 months, and was presented this to the employer a certificate. Follow-up examinations are provided for in § 33 ff. JArbSchG.
Policyholder
In the case of personal insurance , the health risk of the insured person is in the foreground, so that the insurer has to assess the probability of an insurance damage occurring during the health check. As early as 1868, the Gothaer life insurance bank developed a special form for medical examinations (health certificate). The policyholder has according to § 19 para. 1 VVG an obligation until the conclusion of the insurance contract for him conditions of risk known that close for the insurer's decision, the contract with the agreed terms, are significant and which the insurer in writing asked . Fraudulent concealment of illnesses makes the contract contestable ( § 22 VVG). The health certificate is one of the obligations of the policyholder ( Section 28 VVG). According to Section 56 (1) VVG, the insurer can terminate the insurance contract and refuse to provide benefits if the duty to notify is violated. The collection of personal health data by the insurer is permitted in accordance with Section 213 (1) VVG and may only be carried out by doctors, hospitals and other hospitals, nursing homes and carers, other personal insurers and statutory health insurers, as well as professional associations and authorities. It is only permissible if knowledge of the data is necessary for assessing the risk to be insured or the obligation to pay and the person concerned has given consent .
prostitute
Prostitutes since July 2017 makes a notification according to § 3 ProstSchG the responsible regulatory agency . According to § 9 ProstSchG one in the case consulting needs in terms of health or social situation on appropriate counseling centers to point and to provide a contact if possible. Section 10 ProstSchG usually offers health advice through the health department.
Jurisprudence
According to case law, health certificates are certificates of a person's current state of health, previous illnesses and their traces and consequences, or health prospects, whereby information of a factual nature, such as treatments or their results, is also recorded. The Federal Court of Justice (BGH) made it clear that it is the doctor's responsibility to issue a health certificate. According to this judgment, the fulfillment of the order given to the doctor by the insurer is limited to the mere examination of the future policyholder and the communication of the results obtained. According to the BGH, the certificate does not have to contain a diagnosis .
Criminal law
In criminal law , the health certificate is an object of crime . A forgery of health certificates exists according to § 277 StGB if someone issues a certificate about his or another state of health under the designation he is not entitled to as a doctor or as another licensed medical person or unauthorized under the name of such persons or falsifies and falsifies such a genuine certificate makes use of it to deceive authorities or insurance companies. According to Section 278 of the Criminal Code, only those institutions are protected that require the health certificates to assess the state of health, such as health insurance companies , life insurance companies or accident insurance companies . The regulation is intended to ensure the evidential value of medical certificates for authorities and insurance companies. A certificate that a doctor issues without an examination is just as worthless as evidence as a certificate that incorrectly depicts the state of health determined during this examination.
Foreign trade
In foreign trade and in trade financing , the health certificate belongs ( English certificate of health ) to the shipping documents , the issue in the export and the import permit from the importer must be submitted and the health safety by an official plant protection organization or official veterinarian confirmed. It is required for plants , animals and for plant and animal products and is checked as a customs document when crossing the border. It is an official certificate that the cargo is disease free.
Individual evidence
- ↑ BGHSt 5, 75 , 78
- ↑ BGHSt 6, 90
- ↑ Justin Große Feldhaus / Silvana Große Feldhaus (eds.), Doctor and Law in the Event of Errors and Errors - For Practice, Clinic and Expertise , 2019, p. 243
- ↑ Peter Lichtenberg / Prosper Schücking, Status of the labor law discussion on HIV infection and AIDS , in: NZA 1990, 41, 44
- ↑ Ulrich Preis, in Rudi Müller-Glöge / Ingrid Schmidt (ed.), Erfurt Commentary on Labor Law , 2009, § 611 Rn. 292
- ^ Hermann Amann, in: Julius von Staudinger (Ed.), Commentary on the Civil Code , 1986, p. 466, § 611 Rn. 112
- ↑ Peter Koch, History of Insurance Science in Germany , 1998, p. 178
- ↑ Kai-Jochen Neuhaus / Andreas Kloth, Praxis des neue VVG , 2007, p. 49
- ↑ OLG Stuttgart, judgment of September 25, 2013, Az .: 2 Ss 519/13 = NJW 2014, 482
- ↑ BGH, judgment of February 11, 2009, Az .: IV ZR 26/06 = VersR 2009, 529
- ↑ BGH, judgment of January 29, 1957, Az .: 1 StR 333/56 = BGHSt 10 , 158
- ↑ Justin Große Feldhaus / Silvana Große Feldhaus (ed.), Doctor and Law in Case of Errors and Errors - For Practice, Clinic and Expertise , 2019, p. 244
- ↑ BGH, judgment of November 8, 2006, Az .: 2 StR 384/06
- ↑ Storck-Verlag, Handbook for Export and Shipping , 2015, p. 515
- ^ Rudolf Sachs, Guide to Foreign Trade , 1990, p. 61
