Doctor's reservation
The term doctor's reservation with regard to a certain activity or measure means that, due to a legal stipulation, this may only be carried out or carried out by a properly trained and licensed doctor . For certain areas, the term includes not only human medicine but also dentists or veterinarians . It is also possible to restrict the doctor's reservation in a certain area to specialists in selected specialties. A measure that is subject to a doctor's reservation may not be carried out independently by members of non-medical medical professions such as health and nurses , paramedics , medical assistants , medical-technical assistants or physiotherapists , but only on the order or under the supervision of a doctor.
Legal situation in Germany
A doctor reservation concerns in Germany in addition to invasive and drug therapeutic measures for example, the field of medical laboratory diagnostics , a number of functions in reproductive medicine and certain tasks of hygiene . This general doctor's reservation is defined by § 15 and § 28 of Book V of the Social Security Code (SGB V), but only applies to the reimbursement of benefits from statutory health insurance . These norms have no effect outside of social law . However, since the vast majority of medical care in Germany is billed to the health insurers via the statutory health insurance associations , these regulations actually mean a doctor's reservation that is standardized under social law. For dental measures, the doctor's reservation is regulated differently in § 1 of the Dentistry Act. In contrast, the Federal Doctors' Ordinance (BÄO) does not contain a definition of the activities reserved for doctors. In § 2 BÄO it is stated that the medical license is a prerequisite for practicing the medical profession. However, this only means the practice of medicine under the professional title “doctor”. This therefore does not mean any protection of the medical profession, but rather pure title protection.
The protection of the practice of medicine takes place through the reservation of permission of the Heilpraktikergesetz , in which the license to practice medicine or the permission as a naturopath are mentioned as a prerequisite for the practice of medicine . This means that there is practically no courier freedom in Germany . In principle, a naturopath can do everything that a doctor is allowed to do. As far as he has the necessary knowledge and skills, the alternative practitioner is legally allowed to carry out invasive measures. Only those examination and treatment methods that are expressly reserved for doctors in special laws may not be carried out by the alternative practitioner. In addition to dentistry, this concerns, among other things, the indication and implementation of the termination of pregnancy , artificial insemination ( Section 9 , Section 11 Embryo Protection Act ), obstetrics ( Section 4 Act on the Profession of Midwife and Maternity Carer ), the treatment of venereal diseases ( Section 9 Infection Protection Act ), of notifiable and other infectious diseases ( § 24 IfSG) as well as the prescription of narcotics ( § 13 Narcotics Act ) and prescription drugs ( § 48 Medicines Act ).
Until the introduction of the Psychotherapists Act in 1999, corresponding restrictions also applied to psychotherapists , who also had to have an alternative practitioner license in order to treat patients without a doctor's prescription. A right to a simplified granting of a naturopathic permit, comparable to the previous legal situation for psychotherapists, has also been in effect since 2006 for physiotherapists in Rhineland-Palatinate who, under certain conditions, are allowed to treat private patients on their own diagnosis and prescription.
Individual evidence
- ↑ § 2 of the Federal Doctors' Regulations in the version published on April 16, 1987 ( Federal Law Gazette I p. 1218), last amended by Article 4 of the Act of December 027, 2007, Federal Law Gazette I p. 2686.
- ↑ § 1 Heilpraktikergesetz in the revised version published in BGBl. III, 2122-2, last amended by Article 15 of the law of October 23, 2001, BGBl. I p. 2702.
- ^ Rieger, Hespeler, Küntzel: Lexicon of medical law . Keyword "Heilpraktiker", Rn. 2.
- ^ Rieger, Hespeler, Küntzel: Lexicon of medical law . Marg. 10; BVerwG, judgment of December 18, 1972, Az. IC 2/69.
- ↑ Psychotherapists Act of June 16, 1998 (Federal Law Gazette I p. 1311), last amended by Article 6 of the Act of December 2, 2007, Federal Law Gazette I p. 2686
- ↑ BVerfG, decision of May 10, 1988, Az. 1 BvR 482/84 and 1166/85, BVerfGE 78, 179 ff.
- ↑ OVG Rhineland-Palatinate, judgment of November 21, 2006 ( page no longer available , search in web archives ) Info: The link was automatically marked as defective. Please check the link according to the instructions and then remove this notice. , Az. 6 A 10271/06, full text.
