Ambulance law
The rescue service law or law in the rescue service refers to the area of law that deals with laws , ordinances and other legal questions of the rescue service. It represents a very broad area of law, which deals with the approval to work in the rescue service as well as with legal questions between the parties involved.
Legal bases
The peculiarity of this special area of law are the numerous ramifications between state law , federal law and European law . Due to the federalism principle in the German Basic Law , the rescue service is a state matter and is therefore regulated by the respective state laws in the federal states . The same applies to the countries of Austria and Switzerland ; There, too, national rescue service laws and the Swiss cantons regulate the rescue service. In contrast, the federal legislature has its own competence, for example to regulate the training of paramedics or road traffic law .
Legal bases in the federal states
In the federal states there are individual regulations for the work of the rescue service:
Professional qualifications
The training of emergency paramedics according to the Emergency Paramedic Act (NotSanG) and the training and examination ordinance for emergency paramedics (NotSan-APrV) as well as that of the previous paramedics under the Paramedic Act (RettAssG) is essentially subject to federal law requirements due to the legislative competence of the federal government Medical professions according to Article 74, Paragraph 1, No. 19 of the Basic Law (GG). On the other hand, training to become an emergency doctor and training for paramedics is subject to state regulations.
Three areas of law - namely labor law, liability law and criminal law - deal at regular intervals with the possibilities of delegating medical services to the rescue service personnel and their own competence in the selection and implementation of medical measures.
Regulations for the implementation of the rescue service
The rescue service law also includes the public-law regulations in the respective state rescue service laws for participation in the rescue service as a state task by sovereign agencies, by commissioned companies and organizations. They regulate both ground-based emergency rescue, air rescue and patient transport, in some cases also special forms such as first responders ( helpers on site ) and intensive care transport . In addition, some state rescue service laws permit approval through permits outside the public rescue service, but mostly limited to ambulance transports.
Participation in the public rescue service
When participating in the public rescue service, the design of the selection or award procedure is in any case subject to European law requirements; Even after the EU directives 2014/24 / EU ( procurement directive ) and 2014/23 / EU ( concession directive ) as well as the amendment of the procurement law in the law against restraints of competition (GWB) it is still highly controversial, not only with regard to the so-called area exceptions. Quite a few decisions of the European Court of Justice (ECJ) dealt with the awarding of rescue services and thus had an impact on other areas of law. Under constitutional law, the constitutional courts had to deal with both the involvement of private organizations and the municipalization of the emergency services. In terms of labor law, the legal issues relating to the transfer of operations in the event of a change in the person carrying out the rescue service turned out to be far-reaching.
Legal disputes regarding the choice of location and the financing of the rescue service are usually of an administrative nature and, depending on the form of the State Rescue Service Act, to be decided by the administrative courts.
Services outside of the public rescue service
Opening clauses can also be found in the respective state rescue service laws with regard to the approval of service providers outside the public rescue service. Usually these are preceded by a needs or compatibility test with regard to the functionality of the rescue service.
National and international patient transport
Difficulties due to the various state rescue service laws arise above all with transnational transports, both within Germany and with transports to and from abroad. The respective state law determines whether a permit is required for a transport from a starting point or to a destination in the respective federal state.
Regulations on BOS and data transmission
Not only in the area of the rescue control centers, questions of telecommunications law and data protection law arise regularly , for example in the communication of the authorities and organizations with security tasks (BOS) including participation in the authority radio (also BOS radio). For example, eavesdropping on the authorities' radio can have criminal consequences according to Sections 201, 206 of the Criminal Code (StGB). However, the transmission of the location of the vehicles, the transmission of patient data, including telemetry, and the nationwide storage of patient data also repeatedly calls for data protection law ; Relevant here are the provisions of the Federal Data Protection Act (BDSG) and the state data protection laws .
Data protection issues in the context of telemedical care are new .
Regulations on remuneration in the rescue service
In social security law, lawyers deal with the billing of patient transport through patient trips , ambulance transports and emergency transports in Sections 60, 133 of the Social Code 5 (SGB V), but also with the remuneration of emergency doctors, insofar as they are to be remunerated according to SGB V. In addition, private law disputes relating to the fee schedule for doctors (GOÄ) for private patients as well as administrative disputes regarding the rescue service fees charged by the rescue service providers come into consideration. Here, too, the design is characterized by more than just national legal nuances.
Traffic regulations
Emergency services law also classically affects the areas of road traffic law and licensing law. Questions arise here with regard to the use of special rights , rights of way and sovereign rights according to §§ 35, 38 Road Traffic Regulations (StVO), load securing according to § 22 StVO, but also with regard to the equipment of vehicles with differently colored lights, in particular blue beacons and special signal systems according to the Road Traffic Licensing Regulations . As a demarcation, there are always references to passenger transport law .
In the area of air rescue, aviation law regulations also apply.
Ambulance law as a field of research and activity
In the Arbeitsgemeinschaft RettungsdienstRecht eV , a number of lawyers with dual medical qualifications as doctors, paramedics or paramedics are committed to this special area of law.
literature
- Ralf Tries: Criminal law problems in the rescue service. 4th edition. Stumpf + Kossendey Verlag, 2015, ISBN 978-3-943174-51-9 .
- Patrick Lissel: Legal issues in rescue services. 3. Edition. Richard Bohrberg Verlag, 2014, ISBN 978-3-415-05204-8 .
- Arbeitsgemeinschaft RettungsdienstRecht eV: Interfaces in the rescue service. Stumpf + Kossendey Verlag, 2012, ISBN 978-3-943174-09-0 .
- Martin Lomb: Paramedic - Quite compact. Neopulli Verlag 2015, ISBN 978-3-7375-7559-1 .
- Michael Kloepfer: Disaster law, including civil protection, fire protection, rescue service. Nomos, 2009, ISBN 978-3-8329-4009-6 .
- Andreas Wasielewski: Special rights in action. 2nd Edition. Lehmann, 2005, ISBN 3-86541-074-X .
- Karsten Fehn: Legal manual for fire, rescue and emergency medical services. 3. Edition. Stumpf + Kossendey, 2010, ISBN 978-3-938179-62-8 .
- Dieter Müller: Mission trips. 4th edition. Richard Bohrberg Verlag, 2015, ISBN 978-3-415-05519-3 .
Web links
Individual evidence
- ↑ Law on the rescue service Baden-Württemberg - accessed on June 17, 2019
- ↑ Bavarian Rescue Service Act - accessed on June 17, 2019
- ↑ Ordinance on the implementation of the Bavarian Rescue Service Act - accessed on June 17, 2019
- ↑ Law on the Rescue Service for the State of Berlin - accessed on June 17, 2019
- ^ Ordinance on emergency medical services for Berlin - accessed on June 17, 2019
- ↑ Law on the ambulance service in the state of Brandenburg - accessed on June 17, 2019
- ↑ Ordinance on the state rescue service plan (Brandenburg) - accessed on June 17, 2019
- ↑ Law on the rescue service in the state of Bremen - accessed on June 17, 2019
- ↑ Full text of the Hamburg Rescue Service Act - accessed on June 17, 2019
- ↑ Hessian Rescue Service Act - PDF file, accessed on June 17, 2019
- ↑ Ordinance on the implementation of the Hessian Rescue Service Act - PDF file, accessed on June 17, 2019
- ↑ Mecklenburg-Western Pomerania Rescue Service Act - accessed on June 17, 2019
- ↑ Ordinance on emergency service planning and further implementation of the Mecklenburg-Western Pomerania Emergency Services Act - accessed on June 17, 2019
- ↑ Lower Saxony Rescue Service Act - accessed on June 17, 2019
- ↑ Ordinance on the assessment of the need for rescue service facilities (Lower Saxony) - accessed on June 17, 2019
- ↑ Law on the rescue service as well as emergency rescue and ambulance transport by entrepreneurs (North Rhine-Westphalia) - accessed on June 17, 2019
- ↑ Ordinance on the responsibility for issuing a permit to carry out emergency rescue and patient transport by aircraft by companies (North Rhine-Westphalia) - accessed on June 17, 2019
- ↑ State law on the rescue service and emergency and patient transport (Rhineland-Palatinate) - accessed on June 17, 2019
- ↑ Saarland Rescue Service Act - accessed on June 17, 2019
- ↑ Saxon Rescue Service Act - accessed on June 17, 2019
- ↑ Saxon State Rescue Service Plan Ordinance - accessed on June 17, 2019
- ↑ Emergency Services Act of the State of Saxony-Anhalt - accessed on June 17, 2019
- ↑ Schleswig-Holstein Rescue Service Act - accessed on June 17, 2019
- ↑ State ordinance for the implementation of the Schleswig-Holstein Rescue Service Act - accessed on June 17, 2019
- ↑ Thuringian Rescue Service Act - accessed on June 17, 2019
- ↑ Law on the profession of emergency paramedic as well as amending other regulations of May 22, 2013 ( Federal Law Gazette I p. 1348 )
- ↑ Training and Examination Ordinance for Emergency Paramedics (NotSan-APrV) of December 16, 2013 ( Federal Law Gazette I p. 4280 )
- ↑ Area exception for the rescue service in the new procurement law. July 9, 2015, accessed May 20, 2016 .
- ↑ Clemens Antweiler: Consequences of the Allocation Directive and Concession Directive on the Allocation of Rescue Services in Germany. (PDF) (No longer available online.) May 12, 2014, archived from the original on May 20, 2016 ; accessed on May 20, 2016 . Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice.
- ↑ Freshfields Bruckhaus Deringer LLP: Allocation of rescue services according to the new EU allocation guidelines. (PDF) Retrieved May 20, 2016 .
- ↑ ECJ, October 5, 2004 - C-397/01
- ↑ ECJ, April 29, 2010 - C-160/08
- ↑ ECJ, March 10, 2011 - C-274/09
- ↑ ECJ, December 11, 2014 - C-113/13
- ↑ ECJ, December 10, 1998 - C-173/96
- ↑ BVerfG, June 8, 2010 - 1 BvR 2011/07, 1 BvR 2959/07
- ↑ Constitutional Tribunal Bayern 24 May 2012 to 1-VII-10
- ↑ Arbeitsgemeinschaft RettungsdienstRecht eV
