The term professional law (not to be confused with professional law ) denotes the law of a profession to which the state has delegated its self-administration under its own responsibility. This primarily concerned the professional law of the liberal professions, traditionally doctors , lawyers , tax consultants and auditors . It is - partly to this day - only rudimentarily regulated by law and is often and in large part based on traditional law that has been handed down (see professional code ). The civil law is the set up for the respective professional organization honor courts monitored. They are mainly for all professions in professional public bodies ( chambers such as Chamber of Commerce , Chamber of Crafts , Chamber of Agriculture , Chamber of Physicians , Pharmacists , Psychotherapeutenkammer , Veterinary Association , Dental Association , Bar Association , Chamber of Patent Attorneys , Tax Consultants , Chamber of Architects , Chamber of Engineers and the previously established Care chambers ) are organized. From a legal point of view, it is about self-government transferred by a state act of sovereignty.
Professional code (health professions)
Doctors, psychotherapists, dentists, veterinarians, pharmacists and nursing professions are subject to professional regulations that are adopted by the respective chamber plenary assemblies with the consent of the responsible supervisory authority - the health ministries of the federal states. You may also be subject to the professional courts , which are usually located at the Higher Regional Court .
The professional regulations of the health care professionals regulate behavior towards patients, colleagues, employees and other partners in the health care system. With the establishment of professional rights and duties, the professional code serves the goal of
- ensure freelance work;
- to maintain and promote the special relationship of trust between health care professionals and patients;
- to ensure the quality of work in the interests of the health of the population;
- to preserve the reputation of the profession;
- to promote behavior worthy of a profession and prevent behavior that is unworthy of profession in order to serve the common good.
These generally formulated objectives are set out in detail in the professional codes, for example, on the subject Medical confidentiality , data protection , training , documentation requirements , quality assurance , practice management, professional Adverse publicity , collegiality .
The decision of the Federal Constitutional Court of July 14, 1987, with reference to the materiality theory, specified the acceleration of a development towards more sophisticated state control. The professional code of conduct for lawyers was then re-regulated (after a long waiting period) with the law of March 11, 1997 and the result was significantly liberalized, so that a. since then advertising and the promotion of main areas of activity is allowed.
In 2003, the Federal Constitutional Court ruled in the same wording that the prohibition of advertising in professional codes was also unconstitutional in the medical and dental sector, with the exception of "screaming" advertising (BvR 1608/02). The identification of main areas of activity is also permitted. It should just not be advertised with false statements of fact.
- Model professional code for doctors working in Germany - MBO-Ä 1997 - in the version of the resolution of the 118th German Medical Association 2015 in Frankfurt am Main (PDF; 261 KB)
- professional regulations for psychological psychotherapists and child and adolescent psychotherapists (status 2007) ( 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. (PDF; 73 kB)
- professional regulations of the German Dental Association ( Memento of August 24, 2012 in the Internet Archive ) (PDF; 165 kB)
- Professional Code of Veterinarians in Lower Saxony
- Professional conduct for pharmacists in Westphalia-Lippe (PDF; 28 kB)
- BVerfG, decision of the First Senate of July 14, 1987 - 1 BvR 537/81 -, BVerfGE 76, 171 = NJW 1988, p. 191 ff.
- 1 BvR 1608/02