Midwifery Act (Germany)
| Basic data | |
|---|---|
| Title: | Law on the Study and Profession of Midwives |
| Short title: | Midwifery Act |
| Previous title: | Law on the Profession of Midwife and Maternity Carer |
| Abbreviation: | HebG |
| Type: | Federal law |
| Scope: | Federal Republic of Germany |
| Issued on the basis of: | Art. 74 para. 1 no. 19 GG |
| Legal matter: | Special administrative law |
| References : | 2124-26 (old: 2124-14) |
| Original version from: | December 21, 1938 ( RGBl. I p. 1893) |
| Entry into force on: | January 1, 1939 |
| New announcement from: | January 1, 1964 ( Federal Law Gazette III p. 19) |
| Last revision from: | November 22, 2019 ( Federal Law Gazette I p. 1759 ) |
| Entry into force of the new version on: |
predominantly January 1, 2020 |
| Last change by: | (old) Art. 36 G of 15 August 2019 ( Federal Law Gazette I p. 1307, 1333 ) |
| Effective date of the last change: |
(old) March 1, 2020 (Art. 54 G of August 15, 2019) |
| GESTA : | M018 (old B041) |
| Weblink: | Text of the law |
| Please note the note on the applicable legal version. | |
The Midwives Act (HebG) is in Germany , the legal basis for the study and the profession of midwifery .
Regulatory content
Job titles
According to Sections 1–3 of the law, the use of the professional titles “midwife” and “maternity care nurse” is subject to the obligation to apply and the granting of a permit , on which the exercise of the “reserved activity” - obstetrics - depends (Section 4). The unauthorized use of professional titles and the unauthorized performance of obstetrics is illegal and threatened with a fine of up to 2,500 euros (Section 25).
Vocational training
Binding details of the training and the training relationship are regulated in Sections 5–21.
Sections 11–20 relating to the apprenticeship do not apply to “pupils who are members of spiritual communities or deaconesses or diaconal sisters ” (Section 21). Likewise, Sections 11–20 do not apply to “trainees who are completing their training at a university as part of model projects” (Section 6 (1), Section 20a).
In addition, the provisions of the Vocational Training Act for training as a midwife and maternity nurse according to Section 26 do not apply.
Further regulations
Due to the regulations contained in § 2 for the recognition of foreign professional qualifications, the provisions of the Professional Qualifications Assessment Act, which serves to improve the use of professional qualifications acquired abroad, only apply to § 17 HebG ("Termination of the training relationship") (§ 2 Paragraph 6).
Further regulations relate, among other things, to the provision of services by non-domestic EU members (§§ 2a, 22–22b) and the requirements for a settlement permit for professional practice outside of a hospital employment contract (§ 29).
With regard to recognition as a maternity care worker , reference is made to the correspondingly associated ordinance on maternity care workers , which has already been repealed under state law (Section 30).
Supplementary legal sources
Study and examination regulations
The minimum requirements for the course and its practical professional part as well as the details about the state examination are regulated on the basis of § 71 of the Midwives Act by the Study and Examination Ordinance for Midwives of January 8, 2020 ( Federal Law Gazette I p. 39 ). The Training and Examination Regulations for Midwives and Maternity Carers expired on December 31, 2019.
State midwife laws and professional codes
Due to the fact that midwifery law is part of competing legislation , the federal states have enacted their own laws on professional practice (not on professional training) for midwives and maternity carers within the requirements of the federal midwifery law. But above all, the state professional regulations for midwives and obstetricians are based on these state midwifery laws. The professional regulations impose further obligations that must be observed when exercising the profession, regardless of whether the activity is carried out in a hospital employment relationship or as a freelance profession . In addition, the supervisory authorities responsible for midwives and maternity carers within the meaning of Section 24 (3) HebG are determined.
Individual evidence
- ↑ Law on the determination of the equivalence of professional qualifications (Professional Qualifications Determination Act - BQFG) of 6 December 2011 ( Federal Law Gazette p. 2515); Validity over. from April 1, 2012.
- ^ Ordinance on maternity nurses of February 7, 1943 ( RGBl. I p. 87); Validity from February 19, 1943.
- ↑ ZB Law on the Practice of Midwives and Maternity Carers (State Midwives Act - LHebG NRW) of March 5, 2002 ( GV. NRW. P. 102); Valid from March 27, 2002.
- ↑ ZB Professional Code for Midwives and Maternity Carers in the State of Bremen from May 11, 2012 ( Brem.GBl. P. 232); Valid from June 13, 2012.
