Dental profession

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THE EUROPEAN SOCIAL FUND Sectoral Operational Program Human Resources Development 2007– 2013 Priority Axis 3 „INCREASING WORKERS AND ENTERPRISE ADAPTABILITY” The Major Intervention Domain No 3.3„Development of Partnerships and Encouraging Initiatives for Social Partners and the Civil Society" Project Title:“The Network of Competent Authorities for Professional Qualification in Romania (IMI PQ NET Romania)” Beneficiary: THE MINISTRY OF NATIONAL EDUCATION Contract no: POSDRU/93/3.3/S/53132

L30.2_Ghid1_Szuhanek_Camelia

Guide for Certification and Recognition of the Dental Profession

Author: Memoirs Chief Dr.Camelia SZUHANEK Methodological ExpertANC, Healthcare Domain

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Contents Introduction

3

I. The situation of the regulation of the dental profession in Romania and Member States of the European Union 1.1. The profession of dental practitioner in Europe

4 4

1.2.

4

The European Regulatory Provision through which the dental profession is regulated

II. The validation/certification Procedures of the competences applied by the AC from the countries where the profession/s is/are regulated

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2.1. Certification for dental practice in Italy

10

2.2. Certification for dental practice in Spain

13

2.3. Certification for dental practice in Czech Republic

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2.4. Certification for dental practice in Austria

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2.5. Certification for dental practice in Great Britain

16

2.6. Certification for dental practice in Denmark

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2.7. Certification for dental practice in Holland

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2.8. Certification for dental practice in Germany

19

III. The processes of recognition of the qualifications attained in other member states of the European Union 3.1. The General Provision of the process for recognition of the qualifications / professions regulated in the European Union

21

29 3.2.

The recognition of the Dental Practitioner Qualification in Italy

30

3.3.

The recognition of the Dental Practitioner Qualification in Spain

32

3.4.

The recognition of the Dental Practitioner Qualification in Czech Republic

35

3.5.

The recognition of the Dental Practitioner Qualification in Austria

37

3.6.

The recognition of the Dental Practitioner Qualification in Great Britain

37

3.7.

The recognition of the Dental Practitioner Qualification in Denmark

38

3.8.

The recognition of the Dental Practitioner Qualification in Holland

39

3.9.

The recognition of the Dental Practitioner Qualification in Germany

40

IV. Performing the Dental practitioner Profession in the European Union

41

V. Conclusions

45

Bibliography

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Introduction The present guide is one of the results of the project called „The Network of Competent Authorities for Professional Qualifications in Romania (IMI PQ NET Romania)” implemented by the Ministry of National Education in partnership with the National Authority for Qualifications and the Institute for Social Policies (IPS), co-financed by the Social European Fund through the Sectoral Operational Program Human Resources Development 2007– 2013(POSDRU). The General Objective of the project called „The Network of Competent Authorities for Professional Qualifications in Romania(IMI PQ NET Romania)”consists in creating and consolidating the IMI Network(Internal Market Information) for the professional qualifications in Romania (IMI PQ NET), with the purpose of sustaining the CE initiative regarding the development of the System for Informing the Internal Market, the development of a common initiative in this respect, at a national level, targeting the consolidation of the social partners’ capability (agencies and governmental organizations, professional associations) to promote durable development through the creation of proper instruments and communication channels and mutual consultancy with the purpose of gaining efficient communication with the similar organizations within the European Union and the European Economic Aria (SEA), through the IMI platform. The purpose of this guide is to consolidate the capacity of the Board of Romanian Doctors (CMR) as a social partner of the project and competent authority for the medical profession to get involved in the information exchange intermediated by the IMI Platform. Also, this guide was created in order to support the Ministry of Health (MS) and the Board of Romanian Doctors (CMR) in the ongoing efforts to standardize the processes of certification, attestation and recognition of the medical profession, by providing information regarding the common practices from other member states of the European Union. This guide also has the purpose of informing the Romanian citizens about the process of certification of the competencies, the requirements and particularities of the process of recognition of the professional qualification of being a doctor in the following member states of the European Union: Italy, Spain, Germany, Austria, Czech Republic, Holland, Denmark and Great Britain. For creating guides of recognition and certification for the regulated professions, the methodological external experts of the National Authority for Qualifications have examined the national information sources (of the analyzed countries and Romania) and at a Community level (comparative studies conducted at the European Union level) and have participated to a study visit in Holland, thus having the chance to complete their work of documentation through the experience exchange with representatives of the Competent Authorities.

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The Situation of the Regulation of the Dental Practitioner in Romania and in the eight Member States of the European Union 1.1.Being a dental practitioner in Europe The structure of the labor market and services in the dental practice area falls under the general

phenomenon of labor migration in the area of healthcare, holding a crucial interest. In Romania there are 16486 dental practitioners registered, members of 42 regional branches. Differences in pay and working conditions are causes of this phenomenon. The differences in wages and working conditions are causes of this phenomenon. The differences between the structures of the systems have substantial repercussions on the offering and qualification structures. Over 70 percent of the Romanian Health System employees intend to leave the country and work abroad, but 36,8 % of them have different impediments related to their families. These are the results of the study called “The Migration Tendency of the sanitary system personnel” ran by the “Sanitary Solidarity” Romanian Federation in 2012. Simultaneously, the fact that the percentage of the undecided is around 40 % of the total employees shows a dependency of the amplitude of this phenomenon, especially of the conditions that the country offers, because these conditions are the same. This concludes the fact that the pull factors are constantly active [1, 3, 5, 6]. 1.2. TheEuropean Regulatory Provision through which the dental practitioner Profession is regulated The European Regulatory Provision through which the medical profession is regulated is established by the Directive regarding the recognition of professional qualifications 2005/36/EC of the European Parliament and the Council [5]. Freedom of movement and the mutual recognition of the evidence of formal qualifications of doctors are based on the fundamental principle of automatic recognition of the evidence of formal qualifications on the basis of coordinated minimum conditions for training. The minimum conditions for training for the dental practice are established at a European level and are part of the category of the so-called sectoral professions. In most of the member states, the medical activities are applied de jure or de facto by persons who either only have the official title of qualification as a doctor, or have this title along with another appellative, without these persons benefitting from a monopoly over practicing those activities, with the exception of the cases where there are contradictory legal dispositions.

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Recognition on the basis of coordinated minimum conditions for training The principle of automatic recognition. All member states of the EU recognize the medical qualification for all nationals who fulfill the minimum training condition. The “Doctor” titles which fulfill these criteria benefit from the same effect regarding the access to professional activities and pursuing these, on the territory of the host member state, the same as in the home member state. Directive no 2005/36/EC of the European Parliament and the Council relating to the recognition of the professional qualifications comprises in annex V article 5.7.1 the titles of dental qualifications which are covered by automatic recognition. [5, 6] Minimum conditions for dental practitioner training. The directive no 2005/36/EC of the European Parliament and the Council relating to the recognition of the professional qualifications describes in detail at article 46 the minimum conditions for training for which automatic recognition of the “Dental practitioner” qualification title is given on the territory of the EU member states. [6]. The medical profession shall be based on the training referred to Article 34 from the Directive no 2005/36/EC of the European Parliament and the Council relating to the recognition of the professional qualifications and it is a specific and distinct profession. . In section 5.3.2 of Annex V detailing the professional activity of the dental practitioner requires the possession of a qualification recognized. Articles 23 and 27 detail the process of assimilating, by the title holders, of such qualifications. International Labor Organization (ILO) revised the International Standard Classification of Occupations (ISCO -88) In Romania the health field is regulated by Law no. 95/2006 on healthcare reform, as supplemented and amended (under review). The Dental profession is regulated and is included in COR 2013 (Classification of Occupations in Romania) Core group 2261 affiliate to the Major group 2 - Specialists in various fields. Note should be taken that the COR mentions "dental practitioner ", while in Romania Dental College (CMDR) uses the term "dentist". Dental practitioners diagnose, treat and prevent diseases, injuries and dental anomalies of the mouth, jaws and associated tissues by applying the principles and procedures of dental practice today. Specialized techniques of diagnosis and surgery are employed, in order to promote and restore oral health . The Dental profession aims to ensure public health and individual compliance with the Code of Ethics of the dental practitioner. The specific nature of the activities performed under formal qualifications in dental practitionery , provided by law, individualized , distinguishes and separates the dental practitioner profession from the medical profession. Possible occupations of 4th level training: dental practitioner, resident dental practitioner, dental specialist, dental medicine research assistant . At European level, the basic medical training requires: - a minimum of five years of study of theoretical and practical training

- attending and passing a given curricula of disciplines 8


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- obtaining the qualification In some cases, where the above conditions are not met, additional documents may be required to demonstrate a work experience of minimum 3 uninterrupted years over the last 5 years. The curricula for the minimal 5 years of training must cover at least the subjects mentioned, or along with the required volume of activity and credits:

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equivalents of those, promoted,


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A. Basic disciplines — Chemistry

— Physics

— Biology

B. Medical-biological disciplines and general medical disciplines — Anatomy

— Embryology

— Physiology

— Biochemistry (or physiological chemistry)

— General pathology — Hygiene

— Histology, including cytology

— Pharmacology

— Anatomy pathologic

— Microbiology

— Preventive medicine and epidemiology — Radiologie

— Physiotherapy

— General surgery

— Otorhinolaryngology

— Internal medicine, including pediatrics

— Dermatovenerology— General psychology /psychopathology

/neuropathology — Anesthesia C. Odonto-stomatological specific disciplines — Dental prosthetics

— Stomatological materials

— Conservative stomatology

Preventive stomatology — Anesthesia and sedation in stomatology — Special surgery

Special pathology

— Orthodontia

— Odontostomatological clinical practice — Pedodontia — Parodonthology

Dental occlusion and jaw functions

Social aspects of the dental practice

— Radiology dental

—Professional organization, denthology and law

Completing some disciplines may occur as part of other more general studies or in connection therewith. In Table 1 are listed the titles associated with the dental profession in EU countries, object of this study, according to Directive 36/2005/EC of the European Parliament and the Council with regards to the recognition of the professional qualifications).

Countr y

Qualification title

The institution that issues the qualification certificate

Česká republika

Diplom o ukončení studia ve studijním program zubní lékařství (doktor)

Lékařská fakulta university v České republice

The Certificate issued along with the qualification title Vysvědčení o státní rigorózní zkoušce

danmark

Bevis for tandlægeek-samen (odontologisk Kan didateksamen)

Tandlægehøjskolerne,Sundheds videnskabeligt Universitetsfakultet

Autorisation som tandlæge, udstedt af Sun-dhedsstyrelsen

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Profession

Zubní lé

Tandlæ


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Zeugnis über die Zahnärztliche Prüfung

A Deutschland hEspaña o s Italy t

Zuständige Behörden

Título de Licenciado enOdontología

El rector de una universidad

Diploma di laurea in

Università

Odontoiatria e Protesi Dentaria

M eNederland m b Östere reich r

S Portut gal a

Zahna

Licenciado odontología Diploma di abilia- zio all’ese cizio della professionedi odontoiatra

Odontoiatra

Universitair getuigschrift van een met goed gevolg afgeleg tandartsexamen

Faculteit Tandheel-kunde

Tandarts

Bescheid über die Ver-leihung des Akademi –schen Grades „Doktor der Zahnheilkunde”

Medizinische Fakultät der Universität

Zahnarzt

Carta de curso de licenciaturaem medicina dentária

Faculdades Institutos Superiores

Médico practitionera

te may require of specialized doctors whose specialist medical training on a full term was governed by laws, regulations and administrative provisions in force on June 20, 1975 and who began their specialist training before December 31st, 1983 that their titles be accompanied by an official document certifying that they have effectively and lawfully established activities in question for at least three consecutive years during the five years preceding the award of the document.

The theoretical training ensures acquisition of knowledge, understanding and skills for organizing, dispensing and evaluating overall healthcare. Clinical instruction provides learning as part of a team, in direct contact with a healthy or sick individual and / or Community, organizing, providing and evaluating the general care to be provided, based on their knowledge and skills. Training must be validated by a bachelor's degree or its equivalent (Table 1). In Romania, dental practitioners who wish to practice must be members of CMDR, with rights and obligations under the law no. 95/2006 - Title XIII. In this specific context: - Practicing dental practitioner can be done under wage and / or independent -

The profession is exercised, under the law, only by individuals holding a formal qualification

in dental medicine a. Are Romanian citizens or EU Member State, State of the European Economic Area (EEA) or 2 Swiss Confederation(EC); b. the spouse is a Romanian citizen and the descendants and direct ascendant family members of Romanian citizens,irrespective of their nationality c. family members of a national of a Member under letter. b) as defined in art. 2 Part. (1) Section 3 of Ordinance no. 102/2005 on the free movement of citizens of the EU and 11


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European Economic Area (EEA) or Swiss Confederation (CE), approved with amendments by Law no. 60/2005, published in the Official Gazette no. 900 of 7 October 2005 approving Government Emergency Ordinance no. 102/2005 on the free movement of citizens of member states of the European Union and European Economic Area [13]

Through formal qualification in dental practitionerry we understand: a. diploma of dental practitioner or dental diploma issued by an institution of higher education in dental practitionerry, accredited in Romania; b. certificate of specialist in orthodontics and dental-facial orthopedics respectively specialist certificate in dental alveolar surgery, issued by the Ministry of Health (MoH); c. diploma, certificate or other evidence in dental practitioner issued according to EU Member States, Member of the European Economic Area (EEA) or Swiss Confederation (EC), or acquired in a third country and recognized by one of the Member States initially listed or equivalent from Romania. It should be noted that formal qualifications in dental practitioner obtained abroad, the EU Member States, the countries belonging to the European Economic Area (EEA) or Swiss Confederation (EC), are equal under the law. As an exception, the above provisions are formal qualifications in dental practitione that have been recognized by one of these states. The specifics of their activity include the profession of dental practitioner within the health sector increased risk of biocontamination, with all the facilities provided by the legislation. In practice a dental practitioner must prove availability, fairness, commitment and respect for the patient. Professional independence offers the dental practitioner the right to a personal initiative and decision in the practice of medicine and full responsibility. The dental practitioner is not a public officer whilst delivering services, thus by the humanitarian and liberal nature of his profession. In order to access activities and the exercise thereof , dental practitioners citizens of an EU Member State, a State belonging to the European Economic Area (EEA) or Swiss Confederation (EC), set in one of these states, are excepted , in case of temporary or occasional medico-dental services for the mandatory registration of Romania dental College (CMDR). CMDR membership certificate is awarded on the basis of: a) documents certifying professional training; b) the health certificate; c) affidavit that the conditions stipulated in art. 481 and 482 of Law 95/2006 [11]; d) criminal record. The Certificate shall become operative after a liability insurance has been signed. Some of the provisions of the professional oath also applies to Romanian citizens dental practitioners residing abroad, dental practitioners citizens of a EU member state, state of the European Economic Area (EEA) or Swiss Confederation (CE), established in Romania, and set in one of these states, or dental practitioners who meet the requirements of Art. 469 lit. c) and e) of 12


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Law 95/2006, which requires the profession in Romania. Dental profession is exercised in Romania of persons referred to in art. 469 of Law 95/2006: citizens of third countries are beneficiaries of permanent resident status, or long-term in Romania. Romanian citizens , make the professional oath upon acceptance as a member of the College of dental practitionerry in Romania ( CMDR ) . - Hold a formal qualification in dental medicine prescribed by law and are members of CMDR ; - Not found in any of the cases of incompatibility or indignity of the law; - Are medicaly able to practice ; - In the event of the temporary or occasional delivery of dental services , dental practitioners must notify the Ministry of Health (MoH ) on the activity, whilst also being active members of the College of dental practitionerry in Romania ( CMDR ) during the period of time that they provided those services; - dental practitioners - nationals of a EU State , State of the European Economic Area (EEA) or Swiss Confederation (CE), established in Romania or practicing dental practitioner , have the same rights and obligations as members of Romanian citizens dental practitioners College of dental practitioners of Romania ( CMDR ). Control and supervision of the dental practitioner profession is made by the Ministry of Health (MoH) together with the College of dental practitionerry in Romania (CMDR), recognized as Romanian competent authorities. In the case where a dental practitioner interrupts his employment or is in a situation of incompatibility for a period of 5 years, MS will revalidate its professional competence. The procedure on the terms and conditions of verification and certification of the professional level is determined by the National Council of the College of dental practitionerry in Romania (CMDR), according to the Code of Ethics and Rules of organization and functioning of the College of dental practitionerry in Romania (CMDR) [9, 10, 24]. These provisions apply to dental practitioners citizens of an EU Member State, a State Economic Area (EEA) or Swiss Confederation (CE), established in Romania Practicing the dental profession by a person who does not meet the legal requirements is an offense and punishable under the Penal Code. The College of dental practitioners of Romania (CMDR) has the right to exercise civil action or to refer, as appropriate, the competent authorities for investigation and prosecution of persons who are in the above situation. The State Authority in the dental practitioner field is the Ministry of Health, which holds the following attributions: provides the legislative framework and methodology on practicing dentistry, protects, promotes, supports the initiative, namely the professional quality of work and is involved in the organization of specialized education, training and research, development and innovation in the field. The competent authority for the recognition of formal qualifications for the profession of dental practitioner is College of dental practitioners of Romania (CMDR) which shall: endorse and issue certificates of dental practitioner, prepares continuous improvement programs in dental practice, is the competent authority for the recognition of formal qualifications in the profession of dental practitioner for nationals of Member States of the European Union, citizens of member states of the European Economic Area and Swiss Confederation citizens, issue the necessary documents for Romanian citizens who wish to practice in the Member States of the European Union, the Member states of the European Economic Area, the Swiss Confederation and in third countries. Also published annually in the Official Gazette of Romania, Part I, National Instrument dental medication, code of ethics for the profession of dental practitioner. 13


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Analyzing the validation and certification procedures dental profession in Romania can be said that under the terms of reference are standard prices for procedures validation and certification of competences:

ple and clear ;

clear structure ; ing the contents of the file and the conditions of the applicant ;

required to file is by IMI ;

results; nd appeals procedures exist to assess ;

results; re for entry in the Register ;

tualizated periodically. We appreciate that the procedures for validation and certification of competences for the profession of dental practitioner in Romania, as well as recognition of qualifications acquired in other dental practitioner EU Member States, are flexible and tailored to the requirements of Directive 2005/36/EC on the recognition professional qualifications. Comparative analysis of dental profession in Romania and the Member States of the European Union in the study is shown in Table 2. Table 2: Comparative analysis of dental profession in Romania and in the EU countries surveyed Romania There are professions reglemented in the dental practitioner medical field (da/Nu) reglemented in The professions the dental practitioner medical field The competent authority for professions reglemented in the dental practice medical field Activities (exclusively or individualy) to the professions of medical dental practitionerThe are no separated activities

Germany

Austria

Marea Britanie yes

Holla nd yes

Spain yes

yes

yes

yes

Dental Practitioner

Dental Practitioner

Dental Practitioner

Dental Practitioner

Dental Practitioner

Dental Practitioner

College of Dental Practitioners of Romania

Bureau Dental Practitioner en register Camerele medicilor dentiĹ&#x;ti din landuri* The are no separated activities

Bundesministerium fĂźr Wirtschaft, Familie und Jugend

Dental Practitioners Registration Board

Stichting Bureau Dental Practitionerenregister

Ministry of Health

The are no separated activities

The are no separated activities

NThe are no separated activities

The are no separated activities

The are no separated activities

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Competencies

Training at university level and whose main component is aremedical, should maintain a balance between theoretical / practical tra following knowledge and skills: (a ) knowledge of the factors that can influence the quality of care ; ( b ) the ability to understand the relationships between people and their health care, on the one hand and interaction with the socia understand the need to relate Dental Practitionere and the needs and human scale ; ( c ) the ability to understand the Dental Practitioner profession and its role in society, particularly in the light of social factors; ( d ) capacity to enable it to meet the requirements of medical , totoyestă respecting the limits of the budget and the relevant regula (e ) adequate knowledge organizations, regulations and procedures involved in the integration of nursing and general planning of th ( f ) . design, coordination , implementation of research programs .

Requirements for practice

Employed by public or private medical care units

Regime for recognition according to Directive 2005/36/EC

Automatic recognition

Qualification level acc. to. Directive 2005/36/EC

Dental Practitioner Training is a total of at least four years of study either on a full or six years of study, of which at least three yea establishment. This training must be of a university level.

Employed by public or private medical care units

Employed by public or private medical care units

Employed by public or private medical care units

Employed by public or private medical care units

Employed by public or private medical care units

* Exceptions: In the Land of Hesse and North Rhine - Westphalia dental practitioner title is protected, but the profession is not regulated.

II. Validation/qualification procedures for the competencies applied by the competenet authorities in the countries where the profession/s are regulated 2.1. Certification for medical practice in Italy In Italy, the competent authority for certification of the competencies required to practice the doctor profession is the Ministry of Health, www.ministerosalute.it. The practice of medical professions is permitted to those that possess a diploma acquired in a foreign country, previously recognized by the Ministry of Health, and who enrolled in the Professional Register. In Italy, the applicants for a medical activity must file a request to the Ministry of Health for issueing a compliance certificate for the studies carried out abroad, consolidated with the features provisioned by the professional directives. For

the

physicians,

the

professional

college

is

FNOMCeO

having

the

address

http://portale.fnomceo.it/fnomceo/home.2puntOT. The affiliation is mandatory. For the recognition of the medical diploma, the following documents are needed: model A1 application; copy of a valid ID with the signature of the applicant; exemplification copy or office copy of the professional qualification title; certificate of compliance regarding the name of the specialization and the minimum training conditions, issued by the competent authority from the country where the diploma has been acquired; a good standing certificate, issued 15


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by the competent authority from the country where the diploma has been acquired, to prove that the applicant is the right owner of the diploma and that there are no limitations regarding the practice of profession in the state of origin; declaration of value issued by the Italian diplomatic authority; a certificate attesting the activities carried out in the state of origin after obtaining the diploma for which the recognition is being asked (including the internships); the list of all provided documents, signed by the applicant. In order to obtain a labour contract for the medical qualification, the applicant must go through the following steps: - validation and legalization of original documents (according to Hague Convention of October 5th 1961), translation in Italian and over-legalization; - file the necessary documents to obtain the “Declaration of Value” at the Chancellery of the Italian Embassy in Bucharest for the recognition of the professional qualification; - submit the file with the necessary documents to the Ministry of Health in Italy that will issue a recognition decision of the professional diploma; - the employer takes over the applicant’s signed contract and will go through the required formalities to obtain the work and residence permits, the official stamp from the local authority, the over-legalization of the work contract; - procurement of the work visa on Italian territory, delivered by the embassy; - passing the Italian language exam, the ethics and professional standards exam at the professional organization IPASVI. Note: All documents written in Romanian must be translated in Italian by a certified translator of the Ministry of Justice, legalized by a notary public and over-legalized by the Court of Appeal/Tribunal with Apostille according to the Hague Convention of October 5th 1961. The file must be submitted to the Italian Ministry of Health (Ministero della Salute, Direzione Generale delle Risorse Umane e delle Professioni Sanitarie, Piazzale dell Industria 20, 00144 Roma) on Wednesday and the first Monday of the month, 09:00-12:00. NB: Some regions (Calabria, Lazio, Umbria, Campania, Liguria, Veneto, Emilia Romagna, Lombardy, Valle d'Aosta) and the autonomous regions Trento and Bolzano process independently the validation/certification documentation of diplomas for physicians and radiological technicians. Hence, the applicants in these regions must file their requests using the type H application and the documents featuring in Annex H at: http://www.ministerosalute.it/professioni/Documenti/Modello%20H%20enti.pdf

;

http://www.ministerosalute.it/professioni/Documenti/Allegato%20H.pdf. They have to go through the following process: 1. Method for preparing a file for Consular Office and order documents in the file : Filled in standard form (at the bottom of the page, from the 3 boxes, only the number 1 should be ticked for professional recognition or number 2 for academic recognition), 2. Original power of attorney for the person delegated to submit/remove files;

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3. Civil-status documents (for the persons that changed their names – marriage certificate or divorce order, original and copies) and the birth certificate 4. A copy (preferably legalized) of the document attesting that the holder of the documents has the official residence in a foreign country („Permesso di Soggiorno” for Italy). The training programme to become a physician, respectively to continue studies – once the diploma granting the right of practice is obtained – runs according to the decree M.I.U.R. no. 509 from 3rd of November 1999. According to the italian law, the Romanian applicants that acquired work contracts as dentists have the same rights and obligations as the italian citizens (Italian Act 286 of 25th of July 1998).

2.2. Certification for medical practice in Spain The competent authority for certification of the competencies required to practice the doctor profession is the spanish Ministry of Health (Ministerio de Salud), correlated to REAL DECRETO 1837/2008, de 8 de noviembre, por el que se incorporan al ordenamiento jurídico español la Directiva 2005/36/EC, del Parlamento Europeo y del Consejo, de 7 de septiembre de 2005, y la Directiva 2006/100/CE, del Consejo, de 20 de noviembre de 2006, relativas al reconocimiento de cualificaciones profesionales, así como a determinados aspectos del ejercicio de la profesión de abogado. BOE núm. 280, 46185-46320. The academic recognition (certification) allows the continuation of studies to a higher educational level and is in the competency of the spanish Ministry of Health. The Royal Decree 1837/2008 provides in Annex VIII (Annex L11a_2) the alphabetical list of professions and activities grouped according to the training level in Spain to acquire the right of practice, correlated to the levels described in article 19 (article 11 from the Directive 2005/36/EC on the recognition of professional qualifications [13, 15, 16]. Nomination associated to the profession of physician in Spain: Especialista en medicina familiar y comunitaria. Qualification title for physicians in Spain: dental practitioner. In order to practice the medical professions in Spain, one has to hold a diploma delivered by a university in Spain or a EU member state, recognized by the Ministry of Education and Culture (Ministerio de Educacion y Cultura). The professional college for physicians is Consejo General College of Odontology Oficiales y estomatólogos de España, which operates 19 regional councils. Contact Address Council is Odontology College of Consejo General de España y Estomatólogos, Calle de Alcalá, 79-2 º - 28009 Madrid - Teléfono 914 264 410 | Fax 915 770 639 http://www.consejodental practitioneras.es/ There is a register for the dental practitioners at the General Council in Madrid which is daily reviewed. The fees collected vary depending on the regional council where the physician will practice the profession. For physicians from EU member states, the language exam is not required. 17


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In 2009, there were 24,515 dental practitioners that were legally working in Spain, and the average number of patients a dental practitioner was allotted to 1887.82% of dental practitioners working in private individual offices. Every Member State shall recognize the qualification of specialised doctors awarded in Spain to doctors who completed their specialist training before 1 January 1995, even if that training does not satisfy the minimum training requirements provided for in Article 25, in so far as that qualification is accompanied by a certificate issued by the competent Spanish authorities and attesting that the person concerned has passed the examination in specific professional competence held in the context of exceptional measures concerning recognition laid down in Royal Decree 1497/99, with a view to ascertaining that the person concerned possesses a level of knowledge and skill comparable to that of doctors who possess a qualification as a specialized doctor defined for Spain in Annex V, points 5.1.2 and 5.1.3. For details regarding the difference between professional recognition and certification, visit: http://www.eracareers.es/fecyt/guia/guia_cap07.pdf. The list of necessary documents can be found on the Site of Ministry

of

Health,

"documentación

necesaria",

at

the

address

http://www.

ministeriodesaludps.es/

profesionales/formacion/recoTitulosEuro.htm . For further information, you can contact the Ministry of Health on the phone +34901400100 or write an e-mail oiac@ministeriodesaludps.es. Required documents: - application, according to the model provided on the Ministry of Health’s website - copy of the national identity document, passport or equivalent (ID card) that proves the applicant is a EU or EES citizen - copy of the academic qualification; - official and personal certificate of studies that show: - the duration of studies, in academic years,knowledge and competencies; - description of courses taken, providing the number of hours for theory and practice for each course. If there are substantial differences to the formal qualifications required in the host Member State, according to the art. 14 from the Directive on the recognition of professional qualifications 2005/36/EC of the European Parliament and of the Council, the applicant might have to provide information [5]. - a certificate issued by the competent authority from the country of origin proving that the applicant is a professional and that there are no limitations regarding the pursuit of the profession (Certificate of good standing) and that he fulfills the conditions set by the above-mentioned Directive for the pursuit of the regulated profession. This certificate is valid 3 months from the date of issue; - a certificate issued by the competent authority from the country of origin proving that the title awarded allows the pursuit of the profession in the country of origin and complies to the conditions set by the Directive on the recognition of professional qualifications 2005/36/EC of the European Parliament and of the Council All documents must be provided with the official translation in Spanish, must have copies legalized by notary public or other competent civil servants, after presenting the originals. The application for professional recognition in 18


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Spain, along with the necessary documents, shall be submitted to the central or regional institutions of the Spanish Ministry of Health, empowered according to art. 38.4 of the law 30 from 26th of November 1992, on Legal Arrangements of Public Administration and the Common Administrative Procedure.

2.3. Certification for the profession of dental practice in Czech Republic The pursuit of dental practice in the Czech Republic is regulated by the article 34 from the Directive on the recognition of professional qualifications 2005/36/EC of the European Parliament and of the Council, respectively the Law no. 189/2008 on the amendment of the law regarding the recognition of vocational qualifications in the Czech Republic [1, 2, 17]. The evidence of qualification acquired in the former Czechoslovakia has the same recognition as the evidence of formal qualifications issued by the Czech Republic and Slovakia and upon the same conditions as stated in the mentioned Directive. Name of the profession of dental practitioner in Czech Republic: Zubar. Competent institutions in the certification of the professional qualification: 1. The Ministry of Education, Youth and Sports Karmelitská 7, 118 12 Praha 1, ČESKÁ REPUBLIKA Tel: + 420 257 193 376 / +420 257 193 579, Fax: + 420 257 193 39. E-mail: qualifications@msmt.cz. Website: www.msmt.cz 2. The Ministry of Health (Ministerstvo zdravotnictví), Palackého nám. 4, 128 01 Praha. Tel.: +420 224 971 111, Fax: +420 224 972 111. Email: mzcr@mzcr.cz Conditions for the EU citizens that wish to pursue the profession in the Czech Republic: the recognition of the professional qualification by the Ministry of Health of the Czech Republic, the knowledge of the Czech language (language examination), residence permit, enrollment in the Czech College of Dental Practitioners (CSK). Application method for certification in the Czech Republic: 1. Submission of a written application by either a citizen of the Czech Republic or a citizen of a European Union, European Economic Space member state or Switzerland 2. The competent authority admits the applicant for the professional qualification exam within 6 months from the application submission date, if he fulfills the professional qualification and citizenship criteria 3. Professional training requirements: a) University studies or equivalent in the medical field provided by or under the supervision of a recognized university, section 3, paragraph a); the studies mùust comply with the requirements set by the points 1.2 and 1.3 from the Annex of certification in the regulated profession, section 4, sub. 2, paragraph a).

19


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ROMANIAN MINISTRY OF LABOUR, FAMILY AND SOCIAL PROTECTION AM POSDRU

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b) University studies or graduated in a comparable institution in one of the fields of study listed in Section 5, subsection 3 or in a similar study field in the licence curriculum. 4. Required professional experience of at least three years if the applicant graduated a bachelor or masters degree and at least five years if the applicant graduated another study programme. 5. The professional qualification exam for the assessment of knowledge and competencies required in the pursuit of the profession, especially: a) attesting the professional knowledge if this is not part of the official recognised qualification of the applicant b) attesting the knowledge related to the legal aspects when pursuing the medical practice. 6. Payment of the certification fee. After passing the certification exam, the physician takes the oath. The enrollment in the professional organization is mandatory.

2.4. Certification for dental practicioner profession in Austria Dental profession is regulated in Austria. The competent authority is : 1. Bundesministerium für Wirtschaft, Familie und Jugend – The Federal Ministry of Economy, Family and Youth. Contact: Stubenring 1, Abteilung I/, 31010 Wien, Phone: +43-1 71100, Fax: +43-17142718, Email: service@bmwa.gv.at, URL: www.bmwa.gv.at. 2. Dental practitioners chamber (Austrian Dental Chamber) - . http://www.zahnaerztekammer.at/ - where you can find additional information regarding the recognition. The name of the professional qualification in Austria is: “Zahnarzt”. Dental specialties are officially recognized in Austria, except Maxillofacial specialization, which is part of general medicine in Austria. 82% of dental practitioners have private individual offices , and 22 % have no contract with a health insurance company. Searching for a job is more frequently through the Public Employment Service - Österreichische Ärztekammer:: http://www.aMinisterul Sănătăţii.at /. Romanian Embassy`s address in Austria is: Prinz Eugen Strasse 60, 1040 Viena; tel: +4315053227, +4315038940, +4315038941, +4315051628; fax: +4315041462; e-mail: ambromviena@ambrom.at; site: http://viena.mae.ro. For the pursuit of the dental practice, the following conditions must be fulfilled: graduation of specific university studies, work experience of at least three years after graduation, passing the specialty examination. It is an oral examination and can be repeated twice. It includes topics from the following fields: Austrian laws of administration and medical/social care, specific legal and professional rules, professional ethics. For the residence in Austria, one must register with the competent authority from the Federal Police 20


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Department – Bundespolizeidirektion in the cities with the Federal Police Administration; in Wien, at the registration service – Meldeservice from the appropriate office of the municipal district Magistratisches Bezirksamt; in smaller communities, at the offices of the local council – Gemeindeamt. To benefit the right of residence in Austria for a period exceeding six months, it is mandatory to hold a health insurance and to attest that the Romanian citizen has the necessary means to support himself and, possibly, his family or to attest that he has a job, is self-employed or participates in a training course. The responsible authority will issue a document attesting the residence right - Anmeldebescheinigung. Concurrently, Romanian citizens may apply for an official ID with a photo - Lichtbildausweis für EWR-Bürger, as proof of identity. Special regulations are applied to the citizens of third-party countries that are not citizens of EU/EES/Switzerland, but are dependent to a Romanian citizen. Before 1998, in Austria only the professional qualification obtained in Austrian universities were recognized (Graz, Innsbruck, Wien). After 1998, the diplomas issued in other EU member states began being recognized. Until 2004, the dental practitioner that wanted to pursue the profession in Austria had to prove the Austrian (or another EU member state) citizenship, to certify the formal qualification with the Austrian title of Facharzt für Zahn, Mund und Kieferheilkunde and to provide the current professional status certificate. Important addresses in the procedure of attestation / certification / recognition: 1.Osterreichische Zahnarztekammer, Kohlmarkt 11/6, 1010 Vienna, AUSTRIA. Tel: +43 505 11-0, Fax: +43 505 111167.

Email:

office@zahnaerztekammer.at.

Website:

www.zahnaerztekammer.at

2.Osterreichische Gesellschaft für Zahn-, Mund-und Kieferheilkunde Verein Österreichischer Zahnarzt, Auenbruggerplatz, 8036 Graz, Austria. Tel: +43 316 385 2251, Fax: +43 316 385 3376. Email: dachverband@oegzmk.at,

Website:

21

www.oegzmk.at


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2.5. Certification for the dental practice profession in Great Britain The practice of the dental practitioner profession in Great Britain is regulated by the article 34 from the Directive on the recognition of professional qualifications 2005/36/EC of the European Parliament and of the Council. The list of regulated professions in Great Britain, the competent authorities for the recognition of professional qualifications as well as the contact details are on the website of the British Department for Innovation, Universities and Skills – DIUS: http://www.dfes.gov.uk/europeopen/eutouk/eutouk_search_form.shtml [20, 21]. The attestation and certification for the pursuit of medical practice is conditioned by the fulfillment of the following: filling in a form; submission of an ID attesting the citizenship (passport, ID card or birth certificate); the professional qualification title attesting the minimum required training to pursue the regulated profession, the proof of an internship or the registration to a similar body in the country of origin; evidence of professional experience; medical certificate; a certificate attesting the professional integrity issued by the competent authority from the country of origin. The dental practitioners that wish to pursue the dental practice in Great Britain must register to the General Dental Council (GDC). It is the competent authority and maintains the registry of dental practitioners/ specialist dental practitioners. A registration fee has to be paid. The necessary documents for registration to the GDC for the graduates of EU member states are: professional qualification title, attestation of the right to practice the profession issued by the competent authority from the country of origin, medical certificate, conformity certificate (issued by the Ministry of Health for the Romanian professionals) and the certificate of current professional status (delivered by the Romanian College of Dental Practitioners). The physicians from the European Union member states must not attest the knowledge of English language. However, the dental practitioners from non-EU countries must pass the IELTS examination and the professional specific tests organized by GDC (GDC’s Overseas Registration Examination - ORE). The contact address for GDC is www.gdcuk.org. The services provided by the United Kingdom Chamber of Physicians(UK NARIC) are: delivery of Letters of Compatibility and the translation of the qualification title from the country of origin in English (Letter of Comparability with Translation Waiver), respectively elaborating a Career Path Report which provides an advice on the comparative UK education level and also recommendations for future study and/or professional development. For further information regarding the services, procedures, terms and fees of UK NARIC, visit www.naric.org.uk or contact the authority by e-mail (info@naric.org.uk) or phone (+44 (0)871 330 7033 or + 44 1242 258621). The applicant for the pursuit of the medical practice must submit an examination request to the competent authority, accompanied by the following documents: Curriculum Vitae, declaration of eligibility, the professional qualification titles in original or certified copy, academic records in original or certified copy, a copy of the ID (passport), 22


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comparative matrix part 1 (university studies with bachelor degree), comparative matrix part 2 (university studies in medicine), annex to the comparative matrix attesting the number of hours for the subjects and applications (dated and signed), teaching plan / syllabus / structure of courses, examination fee, a photo, a copy of the marriage certificate in the case of a name change, IELTS certificate. After passing the exam, the dental practitioner must file a registration request to the UK NARIC. The application can

be

made

online

or

by

mail.

The

application

to

be

sent

by

mail

can

be

downloaded

at

http://www.arb.org.uk/Upload/40127-ARB-Form-E-UK-PR.pdf. The application must be accompanied by a copy of the ID, the official address of the office where the profession is pursued, the attestation of necessary qualifications and the proof of payment of the application and registration fees.

2.6. Certification for medical practice in Denmark The pursuit of the medical practice in Denmark is regulated by the article 34 from the Directive on the recognition of professional qualifications 2005/36/EC of the European Parliament and of the Council. The competent authority for the attestation and certification of professional qualifications is Sundhedsstyrelsen (National Board of Health) – the Danish equivalent of the Ministry of Health. Address: Axel Heides Gade 1 | 2300 Copenhagen S, Denmark | Phone +45 72 22 74 00 | sst@sst.dk, Danish Agency for Universities and Internationalisation, (+45) 33 95 12 00, or write to kontaktpunkt@ui.dk. Information regarding the procedure of attestation and certification of professional qualifications in Denmark can be found accessing the following website http://www.sst.dk/English/Education_and_authorization/Nurse.aspx For the pursuit of a temporary activity for a regulated profession, it is usually required only to fill in a statement, submitted

to

the

competent

regulation

authority.

More

information

http://fivu.dk/en/education-and-

institutions/recognition-and-transparency/regulated-professions Dental practitioners must be registered in TandlĂŚgeforeningen, (Danish Dental Association). For the dental practitioners that obtained their professional qualification in a non-EU country, the Danish test is mandatory as well as specific tests of professional knowledge, as the case may be.

2.7. Certification for medical practice in Holland The pursuit of the dental practitioner in Holland is regulated by the article 34 from the Directive on the recognition of professional qualifications 2005/36/EC of the European Parliament and of the Council. However, in Holland, the BIG Register is functioning with extremely severe regulations. This represents a medical workers database. Eight specific healthcare professions have a central official registry : dental practitioners , doctors, health psychologists , midwives , nurses , pharmacists, physiotherapists and psychotherapists . It protects patients 23


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against improper treatment by healthcare provider. It contains information about over 400 000 people, of which approx. 70 000 are physicians. In order to pursue the medical practice, registering to BIG is mandatory. Penalties may be applied if the registration is missing. The registration in BIG is subject to specific conditions, depending on the country where the professional title or other qualifications were attained [24]. Conditions for the holders of university degrees: -

hold a valid degree;

-

be able to pursue the medical practice with no restrictions

-

pay the registration fee

-

not have suffered of psychological disorders

-

In addition to the qualification titles, in order to attest and certify the right to pursue the medical practice, the general and professional knowledge are being evaluated. Additional examinations must be passed for: knowledge of Dutch, knowledge of read English, IT literacy, basic knowledge, the Dutch health care system, basic medical practice and clinical knowledge.

-

The evaluation tests define results as “accepted” or “rejected”. The combined result of all examinations gives a general impression on the level of knowledge and abilities. After passing the exam, the applicant is submitted to a professional test, with a fee.

-

In most cases, the evaluation procedure goes on with the “counseling interview”, held with members of the Commission for external health qualifications (CBGV). Additional information is gathered and discussions over surveillance or training take place. The exact form depends on the results of the evaluation, as well as the CBGV conclusions, which notes its recommendations and communicates the decision. Depending on the outcome of the evaluation, three situations may arise:

1. access to the pursuit of dental practice; 2. request to take additional training for 30-180 credits, as the case may be; 3. completing the entire study program for the desired medical specialty; The BIG law lists the “reserved procedures”, meaning the medical interventions that may present an unacceptable risk for the patient’s safety when performed by a non-authorized person. In this list are included injections, lumbar puncture (spinal tap), catheterization and administering a general anesthetic. According t the BIG law, a small number of service providers are authorized to perform this type of intervention autonomously. There is a Dutch brochure available (Onder Voorbehoud) that explains the restrictions imposed by the BIG law and the method by which the expertise is being assessed. Medical assistance suppliers that are entitled to perform the reserved procedures are: physicians, dental practitioners, midwives and nurses. 24


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Processing time of the professional documentation: BIG Registry applies strict regulations regarding the maximum time spent for the processing of a request. In most cases, a decision is being taken in a few weeks delay. Despite all that, the request can suffer delays in treatment if all the required information is not offered from the beginning. Regulation regarding professional experience, effective starting 31st of December 2014 Any student graduating after the 31st of December 2014 and wanting to pursue the medical practice in Holland must finalize a period of professional practice during which the applicants are trained for the adequate provision of their profession. After this three years period of professional practice under the responsibility of a qualified member of that profession (mentor), the applicants can register to the BIG. The BIG office has the legal duty to lay down detailed rules to determine the structure, level of training, knowledge and the abilities one must acquire after completing the three years professional practice. The rules shall also provide clear answers regarding the structure of this practice, the mandatory mentors' supervision and the method to finalize the professional practice period. An important base for the content regulation is the recommendation published by WAT group project in March 2011 by Order of BIG Office. The Medic dentistenregister Office includes all establishments of higher education involved in the training and regulation of the professional practice. The professional organizations are also an important dialogue partner. In addition, meetings will be organized across the country to harmonize the requirements structure. All persons registered in the BIG Register annd other interested parties can submit their views on the content and additions it that are considered to be necessary.

2.8. Certification for dental practitioner in Germany The pursuit of the medical practice profession (Facharzt/Fachärztin für Allgemeinmedizin) in Germany is regulated by the article 34 from the Directive on the recognition of professional qualifications 2005/36/EC of the European Parliament and of the Council. The certification for medical practice in Germany is regulated by the Länder laws, with two exceptions: in the states Hesse and North Rhine-Westphalia, the dental practitioner title is protected but the profession is not regulated [21, 22]. The national competent authority is: Bundesministerium für Wirtschaft, Familie und Jugend – Federal Ministry of Economy, Family and Youth. Address: Glinkastraße 24, 10117 Berlin, Postadresse 11018 Berlin. EMail info(at)bmfsfjservice.bund.de, Amtsanschluss (030) 20655 – 0, IVBB (03018) 555 – 0, Telefax (03018) 555 – 4400. Bundesärztekammer (BZAK) is the professional association of dental practitioners where the physicians must be registered.

Association`s

contact

address

is

Bundeszahnärztekammer

Arbeitsgemeinschaft

der

Deutschen

Zahnärztekammern eV, Chausseestraße 13, D-10115 Berlin. Tel.: +49 30/40005 - 0 Fax: +49 30/40005 - to 200. Email: info@bzaek.de Internet: www.bzaek.de 25


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The organization that grants the right to practice is Kassenärztliche Vereinigungen (KÄV). Acquiring at the right to practice the professional activities is conditioned by the completion of a residential course of three years. This condition is not applicable to the dental practitioners coming from another EU member state. The application form for KÄV must be accompanied by the qualification title, a conformity certificate and a current professional status certificate delivered by the competent professional organization from the country of training (for Romania - CMDR) The following preparations for residency are recognized in Germany, although not in all lands: Orthodontics , Oral Surgery, Periodontology, Oral Public Health. Specializing in Periodonthology is recognized only in the region of Westfalen. In order to be able to practice as a specialist, the dental practitioner needs to obtain the specific recognition from the Land College, based on the following documents: -

Fachzahnarztliche Anerkennung fur Kieferorthopadie – orthodontics dental practitioner specialist certificate

-

Fachzahnarztliche Anerkennung fur Oralchirurgie /Mundchirur-gie – Oracle surgery specialist certificate

-

Zahnarzt fur Offentliches Gesundheitswesen - Oracle Public Health dental practitioner certifiicate, obtained from the Akademie fur Offentliches Gesundheitswesen exam.

-

Periodontology dental practitioner specialist – only in Westfalen land.

In Germany there is the possibility that the specialization to take place both in universities and in certified private clinics. The title is given after the registration on dental practitioners Register, managed by the Dental Practitioners Association from the specified land. The enrollment in the professional register is made based on a an application form, professional qualification title, examination certificate or any other relevant proof according to articles 46, 47 and 49 of the Directive 2005/36/EC of the European Parliament and of the Council, on the recognition of professional qualifications and relevant professional practice of two years.[5] The enrollment for certification and professional recognition lays under the professional associations from the 16 lands. Accreditation and certification competency in the dental practitioner profession goes to the land authority, that administrates the profession and in whose jurisdiction the applicant resides. The applicant shall contact the local structures of the Federal Employment Agency, which provides information regarding the opportunity of working in Germany and granting the work permits. Address: Regensburgerstr.104, 90478 Nurnberg.Telefon: +49-0911.179.0, Fax: +49-0911.179.21.23. E-mail: zentrale@arbeitsagentur.de. In 2005, the Bologna process was implemented in Germany and currently efforts are being made to set up a National Qualifications Framework. Further information can be found on the website of Deutscher Qualifikationsrahmen (DQR), dem Gemeinsamen Internetportal des Bundesministeriums für Bildung und Forschung und der Kultusministerkonferenz www.deutscherqualifikationsrahmen.de/. 26


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Although Germany does not have an official classification, starting 2002 the Center for Higher Education Development (CHE), in cooperation with Stern Weekly Magazine publishes an annual classification comprising a great number of institutions. The main task of the independent agency Akkreditierungsrat is the accreditation of specific agencies who carry out the accreditation of study programmes. Among the members of Akkreditierungsrat can be found representants of the federal states, higher education institutions, students’ Community, employers, employees and foreign partners. Only in exceptional cases can Akkreditierungsrat accredit study programmes.

III. The processes of recognition of the qualifications attained in

other member states of the European Union 3.1. General framework of the recognition process for regulated qualifications/professions in the European Union In the European Union there are specific instruments that promote the transfer of qualifications and skills for academic or professional purposes. The aim of implementing these instruments is to facilitate the right to free movement of citizens, especially ensuring the right of individuals to pursue a professional activity or training in a Member State. The National Center for Equivalence and Recognition of Diplomas (CNRED Str. Spiru Haret 12, Sector 1, 010176 Bucuresti, Ilfov, e-mail: www.cnred.edu.ro) is appointed as national point of contact for professional recognition by the article 37, index 1 of the Romanian Government Emergency Ordinance no. 109/2007. The Romanian competent authorities mentioned in the Law no. 200/2004, amended and completed (Legea 222/2010) [5], are responsible for the professional recognition of qualifications acquired in EU Member States, European Economic Area and the Swiss Confederation by the citizens of those states wishing to pursue a regulated profession in Romania. CNRED is also the competent authority for professional recognition of qualifications obtained abroad, in order to obtain the work permit issued by the Ministry of Labor, Family and Social Protection, in accordance with the General Inspectorate for Immigration. CNRED issues, in accordance with Law no. 200/2004, amended and completed, a certificate of conformity of studies for non/unregulated professions in Romania, in accordance with the provisions of Directives 2005/36/EC and 2006/100/EC. There are two types of such instruments: a) the system of recognition of qualifications for regulated professions and b) instruments designed to ensure skills’ and competencies’ visibility at European level: Europass and national contact points for professional qualifications. In each Member State there are two information points, namely the National Reference Point for professional qualifications and ENIC-NARIC network. 27


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A person who has studied in an EU member state may ask for recognition in another EU country in order to continue their studies or to practice the profession. Qualification recognition is the responsibility of professional recognition organizations existing in each country. There are two types of “international” recognition: 

Academic recognition, which allows the applicant to pursue or continue studies or grants the right to use a national title or a professional degree in the host country based on the title or degree acquired in the country of origin;

Professional recognition, referring to the evaluation methodology and procedures in order to exercise a profession

Academic and professional recognition have different objectives and in most EU Member States they are addressed differently, using different instruments. Each EU country has its own system of regulated professions. Thus, a profession may be regulated in a member state, but not in another. In the country where the profession is regulated, the applicant must follow the academic recognition procedures to pursue the profession, while in the country where the profession is not regulated the requirements of professional recognition must be met. There are other situations, for example in the United Kingdom, where professional qualification (for certain professions) is acquired after completion of an additional professional training of post-graduate level provided by authorized suppliers of vocational training. In such situations, the professional requirements are established by national law or by professional organizations (e.g. Länder in Germany). For the profession of physician, minimum training conditions are harmonized at European level by the Directive 2005/36/EC on the recognition of professional qualifications, of the European Parliament and of the Council, the profession being included in the so-called sectoral professions. The Directive 2005/36/EC on the recognition of professional qualifications identifies two situations: persons that wish to pursue the profession permanently and the ones that wish to practice the profession temporarily in another EU member state. Moreover, the rules set by the Directive 2005/36/EC on the recognition of professional qualifications are applied as follows: 1. If the applicant wishes to work or study in another EU member state - the rules laid down in Directive 2005/36/EC of the European Parliament and of the Council on the recognition of professional qualifications apply only to those who completed the professional training that want to pursue their profession in another EU member state, and not to those who wish to continue their studies in another EU member state. The latter should contact the Academic Recognition Information Centres (NARIC) for information on the academic recognition of diplomas - http://www.enic-naric.net/. 2. Citizen’s nationality - the rules set by the Directive 2005/36/EC on the recognition of professional qualifications apply only to the citizens of 30 countries: the 27 member states of the European Union and Iceland, Norway and Lichtenstein. To benefit prom the provisions of the Directive 2005/36/EC on the recognition of professional qualifications, the physician must be the citizen of one of these states when the applying for recognition. The provisions 28


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STRUCTURAL INSTRUMENTS 2007-2013

also apply to those with dual citizenship. Example: a brazilian citizen physician which has also portuguese citizenship. The Directive also applies to citizens of other countries (besides the 30) who are family members of a EU citizen. Example: A Brazilian physician who holds a professional title obtained in Portugal, married to a Portuguese citizen. If the family decides to live in France, the citizen can benefit from the recognition of the medical practice profession in France under Directive 2005/36/EC on recognition of professional qualifications. 3. The country where the title was obtained - the provisions of theDirective 2005/36/EC on the recognition of professional qualifications apply only if the physician obtained the professional qualification in one of the 30 states of the Directive. It is considered that the medicine professional qualification was obtained in a member state if the applicant has obtained a certificate of completion of a degree program in medicine, with a minimum duration provided for in the Directive, in an EU member state. It does not apply to EU citizens who have obtained professional qualifications in another state. Example: A French citizen who qualified as a physician in Canada and wants to pursue the profession in France - the first recognition of his qualification in an EU member state is subject to national legislation of France.

a) Temporary provision of services in the medical practice The dental practitioner legally residing in a Member State wishing to provide temporary dental services in another EU member state will act under the provisions of Directive 2005/36/EC of the European Parliament and of the Council on the recognition of professional qualifications, regarding the temporary service provision. Rules for temporary provision of services are more flexible than those for establishment. The conditions a dental practitioner must meet for the temporary provision of professional services in another EU member state are: - Be legally established in one of the 27 member states or in one of the countries: Norway, Iceland, Lichtenstein. In this case, the dental practitioner benefits from automatic recognition of qualification, if he holds the qualification specified by that Member State in Annex 5 of the Directive 2005/36/EC of the European Parliament and of the Council on the recognition of professional qualifications. This qualification must certify the completion of minimum training conditions set by the Directive. - Be present on the territory of the EU member state where he wishes to provide temporary professional services. According to the definition in the Directive 2005/36/EC of the European Parliament and of the Council on the recognition of professional qualifications, a person is legally established if he fulfills all conditions for of pursuing the activities concerned in a member state and if he is not prohibited from practicing, even temporarily. The citizen may be legally established in an EU member state as employee or self-employed and not necessarily actively practice the profession at the time of the application. Example: A French dental practitioner enrolled in the professional register in France is legally established even if not actively practicing the profession at that time in France. He can request the right to temporarily provide services in 29


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ROMANIAN MINISTRY OF LABOUR, FAMILY AND SOCIAL PROTECTION AM POSDRU

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STRUCTURAL INSTRUMENTS 2007-2013

Germany. On the other hand, if the physician is not enrolled in the professional register, he is not considered legally established. For the first provision of temporary services in an EU member state, it may be necessary to submit a statement by which the applicant notifies the competent authority of that state on his intention. The Directive 2005/36/EC of the European Parliament and of the Council on the recognition of professional qualifications does not force the EU states to demand such a statement, it is an option that each state may apply within the limits set by the Directive. If a member state chooses to request such a declaration, it is valid for one year. After that, if the applicant wishes to continue providing services on a temporary basis, he must submit a new declaration, valid also one year. The declaration must be drawn up in writing, but may be sent via mail, fax, e-mail etc. It can be sent at any time prior to providing the professional service for the first time. In some EU member states, it should be taken into consideration that is required for up to five months to examine it. To find the competent authority of the member state to address the declaration for temporary provision of professional

services,

the

physician

may

consult

the

National

Contact

Points:

http://ec.europa.eu/internal_market/qualifications/docs/contact-points/infopoints_en.pdf. The statement shall include the following information: full name, contact details (address, phone number, e-mail address, etc.), nationality, the profession for which the applicant is qualified in the EU member state where he is legally established and the profession he wishes to pursue in the host member state. Also, the applicant must provide information about professional liability insurance: insurance company name and contact number. It should be equally mentioned if the applicant wishes to provide temporary professional services on the territory of the member state for the first time or if he applies for a permit renewal. The host member state may not under any circumstance ask the citizen to specify in the statement the location and/or time and/or length of the service provided on its territory or to provide an address on its territory where they will work. Documents that may be required with the declaration: proof of nationality, a document certifying that the applicant is legally established in a member state and that he is not forbidden to practice the profession, not even temporarily – a certificate from the competent authority in the member state of establishment and a copy of the certificate of professional practice, evidence of professional qualifications, proof that he was never convicted for any serious offences if he wishes to work in high security areas and the EU member state requests the same for its citizens. The competent authority of the host member state may not require original documents, but can require certified copies of the more important documents, such as: professional qualifications and documents proving the professional experience. If the applicant cannot provide legalized copies, the competent authority has the obligation to verify the authenticity of these documents by consulting with the EU member state where the citizen is legally established. 30


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For the dental practitioner profession, it is not necessary to request certified translations of documents, since the qualifications are listed with their original names in Annex V to the Directive 2005/36/EC of the European Parliament and of the Council on the recognition of professional qualifications, and can be easily checked by the competent authority. If the professional title held by the physician is not mentioned in Annex V to the Directive 2005/36/EC of the European Parliament and of the Council on the recognition of professional qualifications, the applicant does not benefit of the automatic recognition and his qualification will be examined by the competent authority of the host member state. In this case, the competent authority may require the following types of information about the applicant’s professional training: the total duration of the studies, subjects and number of hours, the ratio between the activities of theoretical courses and practical applications, experience, continuous training - courses and seminars followed to complete the studies. The decision of the competent authority may be: 1. The competent authority may decide not to check the applicant’s professional qualification and to grant the right to provide temporary services; 2. The competent authority may decide to check the applicant’s professional qualification and: a) authorize him to provide service; b) prohibit him from providing the service; c) ask him to adopt additional measures - in this case, only after these measures are met the applicant will be informed on the decision of the competent authority. Compensation measures. The competent authority can require the applicant to adopt additional measures if there are substantial differences between the professional training received by the migrant and the one in the host country. These measures shall be adopted only if the citizen's professional experience and / or professional training courses completed are unlikely to cover the differences in initial training. The compensation measures may be either an aptitude test or a professional practice period. The timeframe in which the competent authority of the host member state decides on the temporary provision of professional services is between one month of receipt of applications and supporting documents (if there are no file processing problems) and four months of receiving the applications and supporting documents (if there are problems processing the file). If the competent authority decides the implementation of compensatory measures, the decision will be taken only after completion by the applicant of that requirement. In this case, the applicant must adopt compensatory measures in the next month following the decision. If the applicant meets all the conditions relating to freedom to provide services stipulated by the host member state's national law, transposing Directive 2005/36/EC of the European Parliament and of the Council on the recognition of professional qualifications, and the competent authority does not respond within the prescribed period, once this period has ended he can provide the service in the host member state. The request is considered tacitly accepted. 31


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During the temporary provision of services in an EU member state, the applicant must comply with all the rules of professional conduct related to his profession, in force in that State. In return, he is exempted from the obligation to register with the relevant professional organization or forum in that state and to have professional liability insurance.

b) Pursuing the dental practitioner profession in another EU member state When a dental practitioner wants to settle in another EU member state to pursue the profession, his qualifications will be checked more thoroughly and the formalities to comply with are more complex. To find out the competent authority in the member state to which he must submit the file for recognition of professional qualifications, the physician may refer to

the

national

points

of

contact:

http://ec.europa.eu/internal_market/qualifications/docs/contact-

points/infopoints_en.pdf. The documents which must accompany the application are : - the proof of nationality; - evidence of professional skills certification or qualification which grants the applicant access to practice the profession; - evidence of professional experience if the qualification is obtained in a third non-EU member state and is already recognized in another EU member state. In this case, the competent authority of the state in which the applicant wishes to establish may request a certificate, issued by the competent authority of the EU member state where his qualification is already recognized, attesting that he pursued the profession for at least three years in the respective member state. - attestation of professional integrity, moral reputation – a statement affirming that he was he was never prohibited from practising due to grave professional misconduct or criminal offence; - medical certificate attesting the health condition allows the applicant to correctly pursue the profession; - proof of financial situation and health insurance; - compliance certificate - issued by the member state of origin and attesting the correspondence between the applicant's qualification and the one listed in Annex V to Directive 2005/36/EC of the European Parliament and of the Council on the recognition of professional qualifications.

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ROMANIAN MINISTRY OF LABOUR, FAMILY AND SOCIAL PROTECTION AM POSDRU

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STRUCTURAL INSTRUMENTS 2007-2013

If the professional title held by the dental practitioner is not mentioned in Annex V or VI or in other specific situations described by Directive 2005/36/EC of the European Parliament and of the Council on the recognition of professional qualifications – an attestation must be issued by the member state of origin regarding the effective and lawful professional practice for at least three consecutive years during the last five years. In some cases, the document must also stipulate that the applicant is authorized to use the title of dental practitioner in the member state of origin before the date provided for the respective member state in Directive 2005/36/EC of the European Parliament and of the Council

on

the

recognition

of

professional

qualifications.

For

further

information:

http://ec.europa.eu/internal_market/qualifications/docs/contact-points/infopoints_en.pdf. The competent authority of the host member state cannot require the original documents, but can require authenticated copies of the main documents, such as professional qualifications and documents that are proving the professional experience. If the citizen cannot provide the authenticated copies of the above mentioned, the competent authority has the obligation to check the authenticity of these documents by consulting the EU member state the citizen is legally established in. In dental practitioner`s profession there is no need for the authorized translation of the documents because the qualifications are mentioned in Annex V of the Directive 2005/36/EC of European Parliament and of the Council on the recognition of professional qualifications with their original names and can be verified easily by the competent authority.

Application process timeframe. First the competent authority must inform the applicant regarding the application receipt within a month and also if there are any missing documents. The competent authority needs to take a decision within maximum three months from the complete file receipt, for the cases that fit the general automated recognition rules. The recognition gives the applicant the right to practice the profession on the respective territory of the EU member state as any other citizen of that state that has the same rights. In other words, he must obey the same laws, regulations, administrative stipulations and professional code of practice that the citizens of the host EU member state are obeying. The automatic recognition of the dental practitioner qualification In order to benefit of automatic recognition, the dental practitioner must fullfil the following conditions: -

To hold a specified qualification by the member state within Directive 2005/36/EC regarding the professional qualifications recognition, Annex V

-

The qualification must certify a professional training that meets the minimum settled requirements by the Directive 2005/36/EC regarding the professional qualifications recognition. This usually applies, if the candidate`s academic training started after the reference year mentioned in Annex V at the qualification and EU state mmber, but not before that. 33


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Example: A spanish dental practitioner that holds a „titulo oficial de arquitecto” formal qualification obtained at Universidad Europea de Madrid, and who started his studies the earliest in the academic year 1998/1999 (Annex V. Point 5.1.7) can benefit of automatic recognition. An italian dental practitioner that holds the formal qualification and that started his studies after the academic year 1999/2000, but did not obtain the „diploma di abilitazione all ezercizio indiependente della professione”, which is mandatory in Italy in order to complete the academic qualification (Annex V, point 5.1.7), cannot benefit of automatic recognition. SOLVIT is a problem solving network, within which the EU member states are working together, without using the legal procedures, in order to solve the problems issued because of the unappropriate interpretation of the legislation regarding the internal market by the public authorities. In each European Union member state there is a SOLVIT center that provides these services for free. SOLT is handling the cross-border problems between a company or a citizen on one hand, and public authorities on the other hand, where there is a chance that the Community law was not properly applied. The domains in which the problem frequency is high and there are complaints to be treated through SOLVIT are: professional recognition of the qualifications and diplomas; the access to education; residence permits; voting rights; social security; the right to work; the driving licenses; the engine vehicles registration; border control; products access on the market; services access on the market; establishing as an independent; public acquisitions; taxes; free movement of capital and payments. In each Member State of the European Union there is a SOLVIT center that provides these services free of charge. Any complaint through SOLVIT implies four stages to resolution: Stage 1 – the case is accepted, the legal base is being checked, if the documents that were included in the base by the origin center are not sufficient, additional documents are required; Stage 2 – obtaining the solution: the competent authority that is involved in the case is contacted and it cooperates in order to obtain a solution that is a fair, in accordance to European legislation; Stage 3 – solution proposal (implemented or not) – the solution must be real, practical and in accordance to European legislation; Stage 4 – if the solution has not been implemented when the proposal was made, it`s monitoring is done – a case is solved only when the solution is implemented and it solves the customer`s problem. The member states should amplify their efforts in order to ensure that the physical persons and the companies can use efficiently their legal rights regarding the unique market, guaranteeing an efficient application and implementation of the legislation regarding the unique market by the 34


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STRUCTURAL INSTRUMENTS 2007-2013

national instances, by supplying quality information, instruments and government procedures, and also by doing investments in mechanisms that are designed for quick solving issues. SOLVIT potential is still insufficiently exploited as a problem solving key instrument at a national/European level, partially because of the insufficient staff from different SOLVIT centers and also because of the insufficient information received by the European citizens regarding the competencies of these centers. The SOLVIT centers from member states mentioned in this guide are: SOLVIT Italy: Presidenza Consiglio Ministri, Dipartimento Politiche Comunitarie, Piazza Nicosia 20, IT - 00186 Roma, Tel. +39 06 677 95 844, Fax. +39 06 677 95 044, solvit@palazzochigi.it SOLVIT Czech Republic: Odbor vnitřního trhu a služeb EU, Ministerstvo průmyslu a obchodu, Na Františku 32, CZ - 11015 Praha 1, Tel. +420 22 422 1701, Fax. +420 22 485 3079, solvit@mpo.cz SOLVIT Denmark: D Business Authority (Internal Market Centre), Langelinie Allé 17, DK – 2100 Copenhagen, Tel. +45 35 46 62 00 (the hotline), Tel. +45 35 46 66 16, Tel. +45 35 46 66 73, SOLVIT@erst.dk SOLVIT Germany: Bundesministerium für Wirtschaft und Technologie, Scharnhorststr. 34-37, DE – 10115 Berlin, Fax +49 3018 615 5379, solvit@bmwi.bund.de SOLVIT Holland: Ministerie van Economische Zaken, Landbouw en Innovatie, Bezuidenhoutseweg 30, Postbus 201, NL – 2500 EC, den Haag, Tel + 31 70 379 7708, Fax +31 70 379 7014, solvit@mineleni.nl SOLVIT Austria: Bundesministerium für Wirtschaft, Familie und Jugend, SOLVIT Center, Abteilung C1/2, Stubenring 1, AT - 1010 Wien, Tel. +43 1 71100-5119, Tel. +43 1 71100 – 5293, Tel. +43 1 71100- 5187, Fax. +43 1 71100-2207, solvit@bmwfj.gv.at SOLVIT United Kingdom: Department for Business, Innovation and Skills, 1 Victoria Street, UK – London SW1H OET, Tel. + 44 20 7215 2833, Fax. +44 20 7215 2234 solvit@bis.gsi.gov.uk In Romania the SOLVIT center has as contacts details: the Romanian Government, the Department of European Affairs, Aviatorilor Avenue, number 50A, Sector 1, Bucharest 011854, Romania, tel.: +4021 308 53 60, Fax.: +4021 318 55 24, Email: solvit@dae.gov.ro

a. Recognition of the Medical Qualification in Italy Italy implemented the Directive 2005/36/EC of the European Parliament and Council, regarding the recognition of professional qualifications through the Legislation Decree number 206 from 6th of November of 2007: “Attuazione della direttiva 2005/36/EC relativa al riconoscimento delle qualifiche professionali, nonche' della direttiva 2006/100/EC che 35


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STRUCTURAL INSTRUMENTS 2007-2013

adegua determinate direttive sulla libera circolazione delle persone a seguito dell'adesione di Bulgaria e Romania”. Dental practitioner profession is regulated in Italy and the competent authority is Ministero dell'istruzione, dell'università e della ricerca. Through this decree are established the rules based on which the citizens of the EU member states can practice on Italy`s territory the regulated profession for which they are qualified in the home member state. The conversion text refers to so called “regulated” professions defined in article 4, paragraph1, letter a) from this decree. The decree applies to the citizens of the European Union member states that want to practice on Italy`s national territory as employees or self-employed – including freelancers, a regulated profession based on a professional qualification, obtained in a European Union member state and the conditions in which the practice of this profession is allowed. Also, the competencies certification is made based on some normative documents with general character. The profession that the applicant wants to practice on the Italian territory will be the one that he was qualified for in the home member state if the activities are comparable and can be practiced under the establishment or cross-border provision of services on a temporary and occasional basis. Based on the provisions of article 56, paragraph 4, and article 57 from the Directive 2005/36/EC of the European Parliament and Council, regarding the recognition of professional qualifications, the Community policies coordination department of the Ministers Council Presidency is the national coordinator and national point of contact: Presidenza del Consiglio dei Ministri, Dipartimento Politiche Comunitarie, Ufficio Mercato Interno e Competitività, Piazza Nicosia 20, 0018

ROMA,

ITALIA,

e-mail:

puntonazionaledicontattoqualificheprofessionali@politicheeuropee.it,

Website:

www.politichecomunitarie.it. Contact persons: Presidenza del Consiglio dei Ministri, Dipartimento Politiche Comunitarie, Ufficio Mercato Interno e Competitività,

Piazza

Nicosia

20,

0018

ROMA,

ITALIA,

e-mail:

puntonazionaledicontattoqualificheprofessionali@politicheeuropee.it, Website: www.politichecomunitarie.it. For dental practitioner professional qualifications, the Directive 2005/36/EC of the European Parliament and Council, regarding the recognition of professional qualifications provides a system based on the preventive harmonization during the training and that stipulates the automatic recognition. For the recognition in the general system, the recognition request is addressed to the Competent Authority from the host member state (Italy). This request must be accompanied by documents and certificates stipulated in Annex VII of from the Directive 2005/36/EC of the European Parliament and Council, regarding the recognition of professional qualifications.

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ROMANIAN MINISTRY OF LABOUR, FAMILY AND SOCIAL PROTECTION AM POSDRU

THE EUROPEAN SOCIAL FUND POS DRU 2007-2013

STRUCTURAL INSTRUMENTS 2007-2013

The required documents in Italy for EU citizens who wish to settle in this country are, according to Presidenza del Consiglio dei Ministri, DIPARTIMENTO PER L’INFORMAZIONE E L’EDITORIA - GUIDA ALL’UTENTE, Direttiva 2005/36/ECE relativa al riconoscimento delle qualifiche professionali[19]: 1. Copy of a valid identity document of the concerned person 2. Authenticated copy of the specified profession qualification (also mentioning the passed exams that are necessary to determine the potential existence of some significant differences from the national training stipulated in article 14 from the Directive 2005/36/EC of the European Parliament and Council, regarding the recognition of professional qualifications), 3. Authenticated copy of the professional qualification, if it is stipulated by the country where the qualification was obtained 4. Authenticated copy of registering in the Professional Register of the country where the title was obtained, only if there are provided in this country 5. Certificate stating that there are no criminal or professional obstacles in practicing the profession, issued by the competent authority from the home country and/or provenance, 6. Certificate presenting in detail every work activity in the country of origin, as result of the graduation of the qualification for which the recognition is requested (including the performed practical training timeframes). In the regulated professions case, both in Romania and in Italy, the following documents are required: 1. Certificate or other accreditation issued by the competent authority from Romania from which results that that diploma authorizes, in the country of origin, the professional practice of the applicant, 2. The detailed program of studies with the clear indication of the taken hours and the debated topics for each subject, and also the number of the intership hours, issued by the unit that issued the diploma, 3. Document to certify the carried activity in the country of origin or provenance, subsequent to the diploma the recognition is required for, 4. Documents to certify the performed internship, specialization courses or other diplomas All documents written in a foreign language must be accompanied by an italian translation, authenticated according to the original text, issued by the italian diplomatic or consular Authority from the country that issued the diploma, or by an authoriized translator from an italian court. The use of the photocopies is made by the EU citizens according to DPR 445/2000 Law that imposes that these must be accompanied by a statement in accordance with the original on the applicant`s own responsability. The authorities can verify through a survey the authenticity of these statements. The original documents cannot be subsequently withdrawn by the concerned or the empowered person, at the diploma recognition process closure. 37


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1.3 Recognition of the dental practitioner qualification in Spain The Royal Decree 1837/2008: “REAL DECRETO 1837/2008, de 8 de noviembre, por el que se incorporan al ordenamiento jurídico español la Directiva 2005/36/EC, del Parlamento Europeo y del Consejo, de 7 de septiembre de 2005, y la Directiva 2006/100/CE, del Consejo, de 20 de noviembre de 2006, relativas areconocimiento de cualificaciones profesionales, así como a determinados aspectos del ejercicio de la profesión de abogado. BOE núm. 280, 46185-46320” [16], presents in Annex VIII (Annex L11a_2) the alphabetical list of grouped professions and activities according to the existent level of preparation from Spain to access the profession pursuit, correlated with the described levels from the article 19 (article 11 from Directive 2005/36/EC regarding the recognition of professional qualifications). The regulated professions in Spain in the dental practice domain are: dental practitioner, and the competent authority for the professional recognition is the Ministry of Health. The recognition for the dental practitioner in Spain is made directly, according to the stipulations of the Directive 205/36/EC of the European Parliament and Council, regarding the recognition of professional qualifications. However, if the applicant does not meet the minimum conditions of professional training stipulated in the directive, or if his diploma is not found in Annex V, the member states common compensation mechanisms are applied: skills test or a professional practice period, which are applicable before the title recognition. The file for the professional recognition covers the following documents: the application for the obtained diploma recognition within a EU country addressed to Ministry of Education (official standard model), authenticated photocopy of the academic and professional title, authenticated copy of the citizenship proof, the authenticated Spanish translation of the academic and professional title. The evaluation result is: The recognition certification of the professional title. After obtaining it, the medical assistant has the obligation to sign up for the professional college according to the region he wishes to establish himself and has the right to practice the profession only in that region. The legislation regarding the professional recognition in Spain Spain implemented the Directive 205/36/EC of the European Parliament and Council, regarding the recognition of professional qualifications through the Royal Decree 1837/ 8.11.2008: REAL DECRETO 1837/2008, de 8 de noviembre, por el que se incorporan al ordenamiento jurídico español la Directiva 2005/36/EC, del Parlamento Europeo y del Consejo, de 7 de septiembre de 2005, y la Directiva 2006/100/CE, del Consejo, de 20 de noviembre de 2006, relativas al reconocimiento de cualificaciones profesionales, así como a determinados aspectos del ejercicio de la profesión de abogado. BOE núm. 280, 46185-46320[16], that establishes the rules based on which the citizens of the EU member states can practice the regulated profession for which they are qualified within their own member state, on the Spanish territory. 38


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Regarding the recognition procedure in Spain the following can be summarized: a.It consists of the qualifications recognition in Spain obtained by the citizens of any EU member state, countries that are part of European Economic and Social Committee (Island, Norway and Liechtenstein), Switzerland and – when necessary – citizens from third parties countries, that are also citizens of one of the above countries (dual citizenship), for the allowance of practicing a profession or regulated activity in Spain, with same effects as if they would have obtained the corresponding Spanish qualification. The official recognition gives the applicant the right of becoming a member of the respective professional associations and practicing the profession in those activities that are exclusively assigned to the professional group. b.The application must be addressed directly by the applicant, to the Institute of Chartered Secretaries and Administrators. The application has a standard form and must be accompanied by justifying documents (both academic and professional), certifications, accompanied by their authenticated translation in Spanish (by an authorized translator, any diplomatic representation or the Spanish Consulate or abroad, by the diplomatic or consular representation in Spain of the applicant`s citizenship country). The dental practitioner professional recognition in Spain The dental practitioner profession is a regulated profession in Spain. The dental practitioners are obligated to efficiently develop their activity, to be registered within the territorial professional association, both those who want to establish in Spain and also those who want to practice the professional services. The professional practice will take place in free competition conditions and under the Competition Law and the Law against the unfair competition, regarding the provision of services and determining the remuneration. Other aspects of the professional practice are regulated by the set regulations by the professional association of the applicant. Supply of services with establishment Step 1. The recognition of the corresponding title – are the same as the general requirements for regulated professions Step 2. Signing up for the professional association from the service provision. Documents: The required documents are the same for all the independent communities. - Completed application form, - The original or the authenticated copy of the dental practitioner title or the certificate issued by the university or recognized by the competent organization, - Identity document or any other document that guarantees that the applicant is a EU member state citizen, - Registering declaration in the contributors registry/certificate within the professional association, - Declaration regarding the civil responsability, - Type photos, 39


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STRUCTURAL INSTRUMENTS 2007-2013

Additional documentation for the service provider from another member state: - Certificate issued by the state of origin, which certifies

the qualification, accompanied by the

authenticated translation, - The declaration on his own responsability that he was not registered as a dental practitioner in no other country from the EU, on the contrary: Certification from the member state of origin that he is not under disciplinary penalty regarding the profession practice. Result: Licensing, registering collegiate and license number, documentation standards for practicing. Regulations regarding the change of residency: stipulations regarding the professional title recognition for persons already residing in Spain that wish to practice the profession in other autonomic region of Spain. - Proof of residence change (movement from a region to another), Requirement: The residency certificate issued by the Professional College Documents: documentary application forms are not similar for the regional governments, but are more frequent as it follows: -Completed application form, -Certificate regarding the administration discharge from the territorial professional association, -Copy of the certificate issued by the college regarding the professional title (as a professional organism), -Data regarding the bank account, that proves the pay of the registration tax or the payment proof. -The proof of contracting a professional responsability ensurance, -Copy of the identity card. Result: Registering collegiate and license number and the documentation standards for practicing. Temporary supply of services in dental practice domain The dental practitioner supplies a service for a limited period in a different area than the one in which he is authorized in. In this case he needs to be registered in the professional college where he usually activates. The necessary documents are: Communication form between the professional colleges, filled in by the initial organization and the one that the nurse will move to that describes the service that is about to be supplied. The applicant, a EU memeber state citizen that is about to supply services in Spain needs to meet the following conditions in order to have access to activity: Step 1. The recognition of the corresponding title – are the same as the general requirements for regulated professions Step 2. Temporary signing up for the professional college from that region, both for spanish citizens and also for the citizens of a EU member state. The required documents are not the same for all the regions, but the common ones are: - Application – college registration form, 40


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- Declaration regarding the civil responsability: -if the contracted civil liability insurance is not in spanish, the authenticated translation of the document and a validity certificate must be added -if there is no contracted civil liability, an insurance can be required as the respective college requires it Result: Instructions and necessary informational documents for practicing the professional activity.

3.4 The recognition of the Dental Practitioner Qualification in Czech Republic The professional qualifications recognition and the list of necessary documents are regulated in Czech Republic through Law 18 from 2004. In Czech there is an information point for the professional qualifications recognition - The Professional Qualifications Recognition Center, with the corresponding legislation [1,2]. The Center provides information about professional qualifications recognition and applied regulations in Czech Republic based on the Directive 2005/36/EC of the European Parliament and the Council regarding the recognition of the professional qualifications. It coordinates the activities of the recognition authorities and represents Czech Republic at the European Committee. Contact details of the Center are: Ministry of Education, Youth and Sports, The Center for Professional Qualifications, the “Education for Adults� department. The center manages the databases that contain Czech regulated and unregulated professions. For each profession there are qualification requirements, specific recognition committees and legal regulations that governs the profession in Czech Republic. The database specific to the type of profession also contains information regarding the recognition procedure [1] and the application form for a professional qualification recognition. For the regulated professions, the proper point of contact can be the Ministry of Health, because it is relevant through the high number of regulated professions it has to manage. As in Romania, the regulated professions are recognized only by the relevant competent authorities by submitting an application accompanied by the afferent documents: application form in Czech, personal identification, a document that certifies the candidate`s citizenship, the proof of the formal qualifications and the receipt that proves the administrative fee. The recognition authority examines if the application and the attached documents contain all the required information to certify the qualifications and a taken decision. If necessary, the competent authority will ask the applicant for additional information. After the file receipt, the qualification recognition committee is obligated, as per the stipulations from art. 24, paragraph 5 from Law number 18 from 2004, to take a decision in 41


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maximum 60 days. In complex cases, the authority can overcome this deadline but, however it`s obligated to take a decision within 90 days [3]. As a result of the application examination submitted by the candidate, the competent authority must take a decision according to one of the below situations: -

Professional qualification is recognized, or

-

Communicates the compensation methods to the citizen, either as ninternship, or through a skills test that must be sustained by the candidate, or

-

The professional qualification recognition submission is rejected.

Compensatory measurements are applied by the recognition committee only if there are important differences between the certified competencies of the applicant and the ones that are necessary for the profession practice in Czech. During the internship, the candidate provides regulated services under the surveillance of a competent professional person. The adjustment period cannot be longer than 3 years. The skills test is normally based on a written and an oral part. Usually, is sustained in czech, in the presence of a representative recognition committee for the given qualification, university or other institution, taking into consideration the citizen`s specialization. The examination consists of the verification of the candidate if he has the necessary knowledge and competencies for practicing the profession, which were not included in the previous preparation of the candidate. The taken decisions by the recognition authorities committees, can be disputed within 15 days from the announcement date. The NARIC CZ Center (The Higher Education Center/ The Documents Equivalence regarding Education - ENIC/NARIC, Udvou srpů 2024/2, 15000 Praha 5, Tel.: + 420257011335, Fax: + 420257531672, email: naric@csvs.cz, web: www.naric.cz.) network member of EU ENIC from 1997, provides information regarding the higher education qualifications in Czech and EU states, this way including the professional qualifications for the czech citizens gone to work abroad are facilitated. National Institute of Technical and Vocational Education (NUOV), Weilova 1271/6, 102 00 Praha 10, Tel.: + 420 274 8 62 251 – 6, Fax: +420 274 863 380, E-mail. nuov@nuov.cz, web: www.nuov.cz, is a consultancy center for elementary or higher education qualifications. If rquired by the competent authorities, NUOV provides an expertise regarding the educational level received by a citizen or the content and purpose of the education for the required qualification, so that the conviction that the citizen has the necessary competencies for the regulated profession practice in Czech. NUOV cooperates with similar institutions from abroad.

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The dental practice profession in Czech with permanent statute The application file contains:

-

Standard application form, example at: http://www.cka.cc/cca/prilohy/form_resident_person

-

Copies of the diplomas and graduation certificates

-

Document that proves the professional experience – a description of the professional practical experience,

-

Document that proves the suitability – criminal record,

-

Document that proves the existance of a malpraxis insurance,

-

The proof of the registration fee payment

The file is sent to Secretary of the Certification Committee, Josefská 34/6, Praha 1, 118 00, Czech Republic milena.ondrakova@cka.cc or katerina.folprechtova@cka.cc. As a result of the recognition, the dental practitioner obtains the license/certificates and the seal (official stamp), will have to pay the annual cotization at the professional Association and will also have the same professional rights as any other czech dental practitioner citizen. Temporary services provision in dental practitioner profession in Czech Republic The documents that are attached to the notification for temporary provision of services in dental practitioner domain on Czech Republic`s territory are the same as the ones for permanent establishment. Also, the same fee is payed. The professional recognition for the temporary provision of services is valid for an year. The nurse has the same rights as a certified czech dental practitioner, except the right to vote within the General Congregation

of

the

professional

association.

Standard

application

can

be

found

at

http://www.cka.cc/cca/prilohy/form_visiting_person, for the notification regarding the temporary services provision in the dental practitioner domain on the Czech Republic`s territory is standardized. 3.5 The dental practitioner qualification recognition in Austria The dental practitioner profession is regulated in Austria . The competent authority for the qualification recognition is: Bundesministerium für Wirtschaft, Familie und Jugend -

the Federal Ministry of Economy, Family and Youth. The Law that regulates the dental

practitioner profession in Austria: Bundesgesetz über Medicalassiss-tanse 1993 - ZTG), StF: BGBl. Nr. 156/1994 (NR: GP XVIII RV 498 AB 1492 S. 153. BR: 4745 AB 4752 S. 580.) 43


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Dental practitioner profession recognition for EU, EEA and Switzerland citizens A EU, Economic European Space (EES) or Switzerland Confederation citizen dental practitioner, can apply for the practicing the profession in Austria. Requirements for applicants: the proof of their nationality, the proof of the right to practice the dental practitioner profession in his state of origin, the proof of good behaviour, financial solvability and non-violation of the professional ethic code issued by the competent authority in his state of origin. The professional organizations at the region level are: 

Chamber of medic dentists for Vienna, lower Austria and Burgenland

Chamber of medic dentists for Styria and Carinthia

Chamber of medic dentists for Upper Austria and Salzburg

Chamber of medic dentists for Tirol and Vorarlberg.

3.6 The recognition of the Dental Practitioner Qualification in United Kingdom In United Kingdom, the access to regulated professions that benefit of automated recognition of the obtained professional qualifications in the other member states of the European Union are made according to the stipulations of the Directive 2005/36/EC of the European Parliament and the Council regarding the recognition of the professional qualifications. The temporary provision of services in a regulated domain In order to provide services for a limited period of time within a regulated domain from the United Kingdom it is necessary that those persons would normally practice their activity on another member state`s territory of the European Union, to have a qualification that allows him the practice of the regulated profession within the state of origin and not to have forbidden this right by the authorities of that state. The temporary provision of the services is possible after notifying the competent authorities from United Kingdom. In some situations the presentation of some documents regarding the practice of the profession in the state of origin could be necessary, a sustained skills test or a short adjustment period. During the services provision it is mandatory the use of the existent professional title in the United Kingdom and the compliance with the professional regulations imposed by the competent professional authority. 44


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For professional qualification recognition as a dental practitioner citizen of a member state of the European Union it is necessary to have an application registered at the Immigrants Registration Council. The application can be made online (https://applicants.arb.org.uk/Login.aspx?status=n&formtype=eu) or via mail at: UK Qualifications, 8 Weymouth Street, London, W1W 5BU, T: 020 7580 5861 F: 020 7436 5269 E: info@arb.org.uk W: www.arb.org.uk. For the mail application the application form can be downloaded from http://www.arb.org.uk/Upload/40127-ARB-Form-K-Euorpean-PR.pdf. The application needs to be accompanied by a copy after the identity card, official address of the headquarters where he practices his profession, the proof of the qualifications – university diplomas, the declaration issued by the competent authority from the state of origin that certifies the qualification, the nationality proof, copy of the marriage certificate if the name was changed and the proof of registration and application fees payment. 3.7 The recognition of dental practitioner qualification in Denmark The recognition qualification procedure is followed, through sending the application to the Danish Agency for Universities and Internationalization. In addition, a recognition or a similar recognition is needed from the Danish competent authorities. In case of temporary services provision on the Danish territory, the EU/EEA citizens have to send a declaration. The professional recognition for the EU, Island, Norway, Lichtenstein and Switzerland citizens. If the applicant is a citizens of one of these states and completely graduated studies in one of these states and has the right of practicing the profession in the respective state, he has to apply for authorization or similar recognition of Dental Practitioners Committee from Denmark. The dental practitioner provides the service under the professional title from his state of origin. The Danish title can be used only if the applicant`s professional qualification has been verified and recognized in Denmark. 3.8 The recognition of dental practitioner qualification in Holland The Foundation for Cooperation on Vocational Education, Training and the Labour Market (S-BB) and Holland Organization for International Cooperation in Higher Education, in Hague (NUFFIC) are the two Dutch recognition centers of qualifications gained in other states, depending on the qualification type: NUFFIC (Hague), for the recognition of higher education diplomas and of general pre-university education, namely S-BB (in Zoetermeer), for the gained qualifications recognition in the EFP system. All the needed information for the recognition

of

a

gained

qualification

outside 45

Holland

can

be

obtained

from

the

website


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ROMANIAN MINISTRY OF LABOUR, FAMILY AND SOCIAL PROTECTION AM POSDRU

THE EUROPEAN SOCIAL FUND POS DRU 2007-2013

STRUCTURAL INSTRUMENTS 2007-2013

http://www.idw.nl/start.html. If the practice of a regulated profession is wanted in Holland, the first step is checking on the website http://www.Professionalrecognition.nl if the profession concerned is framed as regulated or not, and if the profession is regulated, the organization identification with AC role and manages the recognition process. From a pursuit access perspective, in Holland the professions can be classified in two big categories: regulated and unregulated professions. In the unregulated professions case, for the legal pursuit of the respective profession it is not necessary to obtain the recognition of the professional qualification from a competent authority from Holland in case the title was obtained in another member state. NUFFIC also has the NARIC role in Holland, therefore provides assistance both to the qualifications recognition applicants from higher education (workers, employers), and also to the competent authorities for the regulated professions, and also provides information concerning the stipulations of the Directive 2005/36/EC of the European Parliament and Council, regarding the professional qualifications recognition. Qualifications recognition is made in a separate department of S-BB, that is financed by the Ministry of Education. Usually, a recognition process can last up to 4 months. 3.9 The recognition of dental practitioner qualification in Germany The qualifications recognition for foreigners in Germany is made differently for access to education and profession pursuit. The coordination at a national level of professions recognition activities is the Federal Ministry of Education and Research, which issued “The Law of recognition”. The regions developed different prescriptions. In this context, the recognition of the dental practitioner profession in Germany is regulated by the land legislation, through the relevant professional chambers from the regions. In Germany, the Directive 2005/36/EC of the European Parliament and Council, regarding the professional qualifications recognition was transposed quite late in the national legislation and in the special professional regulations. For the gained professional qualifications recognized abroad only in 2012 was adopted in Germany “The Act of Recognition”, also known as the “Law for improving the evaluation/analysis and foreign professional qualifications recognition”; it regulates the foreign qualifications recognition for the professions for which the federal government is responsible. “The Law of Recognition” combines a new federal act, “The Law of professional qualifications determination” – BQFG (BMBF `s responsibility), with modifications made on the existent legislation and the professional regulations (governmental departments that are responsible in the respective domains). The Law regarding the evaluation and professional qualifications recognition (BQFG – Article 1 from the Law of Recognition) is a 46


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federal law from the new competency sphere of the Federal Ministry of Education and Research. It is the base legislation of recognition of professional qualifications in Germany, that stipulates the procedures and evaluation criteria of the foreign professional qualifications with the ones of the German reference profession, through which the integration of qualified immigrants is supported on the German labour force market. Starting with 1 st of April of 2012, the possibility of having the foreign professional qualifications recognized in Germany was significantly improved. The act given by the Federal Government of the diplomas recognition inserts the legal right of having qualifications obtained abroad, evaluated in comparison with the equivalent from Germany, improving this way the opportunities for physical persons that obtained professional qualifications abroad to practice the studied professions in Germany. This act contains extensive procedures, simplified and improved by the evaluation of the foreign vocational qualifications that are in Federal Government`s responsibility. This act does not, however, regulate those professions for which the regions are responsible.

IV. Practicing as a dental practitioner in the European Union It must be emphasized that the reserved activities are only one aspect of market access barriers. Examples of greater restrictions on the market entry are: • rules on the duration of the applicant's practice-for example, specifies a minimum number of years of experience, • places restrictions on the total number education and training places; • requirements to obtain certificates or licenses, such as compulsory apprenticeship or a minimum period of work experience, • quantitative and limitative restrictions regarding the number of the new entrants to the labor market per year. In its conclusions from 10 March 2011, the EU council recognized as unjustified the requirements which reserve the access to certain activities for service providers who hold special qualifications. These may be the major obstacles to the efficient functioning of the single market and welcomed the Commission's intention to further evaluate this issue. Reporting to those mentioned, however, the competent authority of the member state in which the applicant wishes to develop a professional activity, can request: • a certificate of „conformity”: a certificate issued by the resident country, certifying the conformity with the qualifications set out in the Professional Qualifications Directive 2005/36/EC of the European Parliament and Council;

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ROMANIAN MINISTRY OF LABOUR, FAMILY AND SOCIAL PROTECTION AM POSDRU

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• a certificate of name change, if the name of the qualification that meets the minimum training requirements does not match the name of the corresponding Annex Professional Qualifications Directive 2005/36/EC of the European Parliament and Council The dental practitioners which are not the citizens of a member state of EU, of a state belonging to the European Economic Space or of Switzerland`s Confederation, established in one of these states, but who have the right to practice the profession as a dental practitioner in the resident country, can practice the profession on the Romanian territory, only occasionally, according to the Ministry of Public Health and to the Dental Practitioners College from Romania (DPCR). The applicants from this category will exercise medical activity exclusively in a medical unit or in a medical education institution, for teaching purposes and only during the approved timeframe. Throughout the profession pursuit, the dental practitioner is committed to respect the Ethics code of dental practitioners detailed at http://www.oar.org.ro/upload/2012/ Codul_deontologic_al_profesiei_de_medic dentist.doc [25]. The dental practitioner profession is practiced in one of the member states of the European Union only by the

members of the corresponding organizations of the Nurse College from Romania, example: IPASVI in

Italy, NMC in United Kingdom, SAK in Norway. The Government of Romania, at the initiative of the Ministry of Education and Research approved the Law number 260/2005, for the approval of the Government Emergency Ordinance number 102/2005 regarding the free circulation on Romania`s territory of the European Union and European Economic Space member states citizens , published in Official Monitor number 900 from 7th of 2005 [13]. The occupations correspondent to dental practitioner qualification in Romania, according to OCR Occupations Code from Romania, 2013 – are: basic Group 2261 is part of: Major group 2 – Specialists from different activity domains Major sub-group 22 – Specialists in health domain Minor group226 – Other specialists in health domain Dental practitioners diagnose, treat and prevent diseases, injuries and dental anomalies of the mouth, jaws and associated tissues by applying the principles and procedures of modern dentistry. A wide range of specialized techniques of diagnosis, surgery and other measures to promote and restore oral health is used. The following occupations are distinguished: 226101 Dental practitioner, training level 4 (higher education) 226102 Resident dental practitioner, training level 4 (higher education) 226103 Specialized dental practitioner, training level 4 (higher education) 226104 Researcher in Medical Stomatology, training level 4 (higher education) 48


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226105 Researcher assistant in Medical Stomatology, training level 4 (higher education) The activity in medical stomatology in Romania is regulated through HG number 932 from 1 st of September of 2010 for Methodological Norms of application of Law number 184/2001 regarding the organization and dental practitioner pursuit, respectively Law number 308/2004 regarding the dental practitioner pursuit and also the organization and operation of the Dental Practitioners College from Romania. Official Monitor number 582/30.06.2004 [8,9,25]. In Italy the certified applicant must enroll in the professional association in the state in which he wants to exercise the profession and to obey to the specific rules and code of ethics. In Italy there is the National Federation of Colleges Italian professional nurses. Address: Via Agostino Depretis 70, 00184 Rome, Tel: 0039.0646200101, Fax: 0039.0646200131, Web: www.ipasvi.it In Spain, the accreditation and the certification for the profession of dental practitioner is issues by the Spanish Ministry of Health (MoH) correlated with REAL DECRETO 1837/2008, de 8 de noviembre, por el que se incorporan al ordenamiento jurídico español la Directiva 2005/36/EC, del Parlamento Europeo y del Consejo, de 7 de septiembre de 2005, y la Directiva 2006/100/CE, del Consejo, de 20 de noviembre de 2006, relativas al reconocimiento de cualificaciones profesionales, así como a determinados aspectos del ejercicio de la profesión de abogado. BOE núm. 280, 46185-46320. The academic recognition, certification allows further studies, on a different educational level and is into the competence of the Spanish Ministry of Health. The Royal Decree 1837/2008 presents in Annex VIII (Appendix L11a_2) the alphabetical list of the professions and the activities grouped, according to the existing training in Spain to accede to the profession, in line with the levels described in Article 19 (Article 11 of Directive 2005 / 36/CE professional Qualifications). The Spanish General Secretariat of the Ministry of Labour and Immigration has issued new clarifying guidance with the SGIE/1/2012 Norm, referring to the enforcementregime of the Romanian workers and the members of their families, following the complaints of the Romanian authorities in the working group between the Romanian Ministry of work and Spanish one, relating to the uncertainties of the measure of labor market restrictions for the Romanian citizens in Spain, a measure that was imposed on 22 July 2011. News of these instructions advantageous the situation for a wide range of Romanian workers meaning that:

-

There is no longer the need of a commitment for the Romanians to return to the resident country at the end of a fixed term employment contract;

-

It clearly states the status of family members (husband / wife / children under 21 or dependent) of the Romanian workers, both for those who already have the right to work and for those who must obtain in advance from the employer, a work permit;

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family members, whatever their nationality is, (husband, wife and children up to 21 years or dependents) are treated under the EU legislation applicable to EU citizens, and not as Romanians undertaken to the restrictions required from the 22nd of July 2011. With these new instructions, it is being derogated from both the DGI/SGRJ/5/2011 instructions, as from

the Addendum from September 16, 2011. The professional practice takes placed under the conditions of free competition, and is the subject of the Law on Protection of Competition and Unfair Competition Law, concerning the delivery of service and the determination of its remuneration. Other aspects of professional practice are regulated by the College of Dental Practitioners of which the applicant belongs. In the Czech Republic, after graduating the certification exam, every dental practitioner takes an oath. After the recognition as a dental practitioner, he obtains the license / certificate and will have to pay an annual fee to the territorial professional association and enjoy the same labor rights as any Czech citizen, working as a dental practitioner. In Denmark, the competent authority in certifying the profession as a dental practitioner Sundhedsstyrelsen (National Board of Health) – the Danish equivalent for the Ministry of Health. The professional practice takes place under the conditions of free competition and it is the subject to the Law on Protection of Competition and Unfair Competition Law, in the provision of services and determination of their remuneration. In Holland the dental practitioner profession is regulated. The BIG registry works with particularly severe internal rules and regulations, regarding the access and the practice of the dental practitioner profession. The BIG registry is a database with information about all the health care staff. Eight specific healthcare professions have a central official registry: dentists, doctors, health psychologists, midwives, nurses, pharmacists, physiotherapists and psychotherapists. It creates psychological effect among the patients and protects patients against improper treatment by healthcare provider. BIG registration is mandatory, in order to practice any medical profession. The inclusion in the BIG registry is the subject of certain conditions, depending on the country in which the diploma or other qualifications were obtained. The refusal to subscribe into the BIG registry is being sanctioned severely. In Germany, the citizens of the EU member states may apply for a job and be employed only if they have EU work permit issued by Bundesagentur fur Arbeit (Federal Employment Agency). EU citizens have the unconditional right of residence under the Community law. The conditions under which a work permit can be issued, according to the provisions of Section 284 and following from the 3rd volume of Sozialgesetzbuch (Code of Social Law), and additional provisions: Anwebestoppausnahmeverordung (Regulation on exemptions from the prohibition of recruitment), which can be found in Circular 7, on the employment of foreign workers in Germany, and more 50


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information can be picked up from: www. Arbeitagentur.de/ ServicevonAbisZ/Auslanderbeschaftigung. When a contender for the job identified an employer he must submit to the Agentur für Arbeit (agency staff) of the local employer to require a work permit. More information regarding the procedure on obtaining a work permit can be found at www. Arbeitagentur.de/Service A-Z /Vermitttlung/ Auslanderbeschaftigung Zentralstelle fur Arbeitvermittlung (Placement office) (ZAV) in Bonn, Villemombler Strasse, 75, tel. + 49228713-0. The EURES advisers

are

connected

to

EURES

network,

for

information.

ZAV

can

also

be

accessed

www.arbeitagentur.de/Ihre Agentur fur Arbeit/Besondere Dienststellen /Zentralstelle fur Arbeitsvermittlung (www.arbeitagentur.de). In the countries mentioned above, a more largely approach is applied to regulate the profession of dental practitioner, with an emphasis on promoting high professional standards, the involvement of professional staff (which provides training and can develop codes of practice). In addition, wide rules also helps to regulate the market, such as the rules and regulations associated with health standards, health and safety laws and regulations relating to the preparation and professional evaluation. An important role in the accurate and consistent exercise of any profession is the motivation for choosing the profession. It is noted that much of the dental practitionerss keep the traditional motivation in choosing this profession: altruism, the desire to help their peers: 52% of the respondents said that they chose this profession because of the desire to help people in distress, 6% because they like this domain and 5% follow their vocation. The economic and social conditions, the lack of incentives for choosing a medical career and the prolonged crisis of the health system determined the orientation of young people to this profession because of pragmatic reasons: the advice of the family members, failure to a medical school or the hope of a safe workplace. The relatively high percentage of non-responses – 11%, and considering the respondents who cited other reasons – 16% show an indecision in choosing a profession, the lack of information when choosing a profession, the exploitation of opportunities for obtaining qualifications, influence the career choice.

If the dental practitioner applicant obtained the qualification prior to the reference date referred to in Annex V to the Directive 2005/36/EC on the recognition of professional qualifications of the European Parliament and of the Council, and the qualification does not meet the minimum training required, or other specific situations mentioned in the directive, the applicant may request a certificate from the home state member, concerning the actual and legal activity practice. The member states may require the applicants an internship and/or a period of work experience, with periodic evaluations. Creating, at European level, the professions cards by the professional associations and organizations could facilitate the mobility of professionals, by speeding up the information exchange between the host and the home member state. 51


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Bibliography 1. Act no. 18/2004 Coll., On the Recognition of Professional Qualification and Other Eligibility of Citizens of Member States of the European Union and Some Citizens of Other States and on the Amendment of Certain Acts (Act on Recognition of Professional Qualifications), which was amended by Act No.189/2008 Coll, Check Republic. 2. Act no. 224/2003 Coll., Trade licensing act, 2 oct. 1991. Federal Assembly of the Czech and Slovak Federative Republic 3. Legislative Decree no. 206 of November 6, 2007 – “Attuazione della direttiva 2005/36/EC relativa al riconoscimento delle qualifiche

professionali, nonche' della direttiva

2006/100/CE che

adegua

determinate direttive sulla libera circolazione delle persone a seguito dell'adesione di Bulgaria e Romania”, Italy. 4. Presidential Decree. 107 of 10 June 2002, transposed into Law 173 of August 1, 2002, concerning the "Urgent provisions on access to regulated professions." Published in Official Gazette no. 858 from November 05, 2002. 5. Labor market. Statistics conducted on May 24, 2013. http://ec.europa.eu/internal_market/qualifications/regprof/index.cfm 6. 2005/36/EC directive of the European Parliament and of the Council of 7 September 2005 on the recognition of professional qualifications, published in the Official Journal of the European Union L series, no. 255 of September 30, 2005. 7. Gesetz über

die Feststellung

Berufsqualifikationsfeststellungsgesetz

der

Gleichwertigkeit

von

(BQFG),

Berufsqualifikationen; http://www.gesetze-im-

internet.de/bundesrecht/bqfg/gesamt.pdf. 8. HG number 932 from 1st of September of 2010 for Methodological Norms of application of Law number 184/2001 regarding the organization and dental practitioner pursuit 9. Law number 308/2004 regarding the dental practitioner pursuit and also the organization and operation of the Dental Practitioners College from Romania. Official Monitor number 582/30.06.2004 10. Law no. 95/2006 on healthcare reform, as supplemented and amended (under review) 11. Organizational and operational regulation of the College of Dental Practitioners from Romania published in Official Monitor, Part I, number 487 from 20/07/2007. 12. Law number 260/2005, for the approval of the Government Emergency Ordinance number 102/2005 regarding the free circulation on Romania`s territory of the European Union and European Economic Space member states citizens , published in Official Monitor number 900 from 7th of 2005 52


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13. Navarro-Astor E.and Caven V. (2012) Tehnician dentars in Spain: A profession under risk In: Smith, S.D (Ed) Procs 28th Annual ARCOM Conference, 3-5 September 2012, Edinburgh, UK, Association of Researchers in Construction Management, 577-587. 14. Presidenza del Consiglio dei Ministri, Dipartimento per l’Informazione e l’Editoria - Guida All’Utente, Direttiva 2005/36/EC relativa al riconoscimento delle qualifiche professionali 15. Real Decreto 1837/2008, de 8 de noviembre, por el que se incorporan al ordenamiento jurídico español la Directiva 2005/36/EC, del Parlamento Europeo y del Consejo, de 7 de septiembre de 2005, y la Directiva 2006/100/CE, del Consejo, de 20 de noviembre de 2006, relativas al reconocimiento de cualificaciones profesionales, así como a determinados aspectos del ejercicio de la profesión de abogado. BOE núm. 280,4618546320. 16. Real Decreto regulador de las facultades profesionales de los Decoradores. «BOE» núm. 105, de 3 de mayo de 1977, páginas 9527 a 9527 (1 pág.) 17. Law no. 189/2008 on amending the law on recognition of vocational qualifications in the Czech Republic 18. Presidenza del Consiglio dei Ministri, DIPARTIMENTO PER L’INFORMAZIONE E L’EDITORIA GUIDA ALL’UTENTE, Direttiva 2005/36/ECE relativa al riconoscimento delle qualifiche professionali, 19, 19. Romulus BENA, Presenting SOLVIT at the promoting conference of the IMI PQ NET Romania system, September 20, 2012. Neptun 20.Study to provide an Inventory of Reserves of Activities linked to professional qualifications requirements in 13 EU Member States & assessing their economic impact, Final Report 2012, Centre for Strategy & Evaluation Services, for the European Commission’s DG Internal Market and Services (DG MARKT), 2012. 21. The Medic dentistural Profession in Europe - A Sector Study Commissioned by the Medic dentists’ Council of Europe, 18 December 2008 22.The Medic dentistural Profession in Europe 2012 - A Sector Study Commissioned by the Medic dentists’ Council of Europe, December 2012, http://oar-iasi.ro/wp-content/uploads/ 2013/03/Sector_Study_2012_Final_EN140213.pdf. The new Recognition Act, Germany 23.Țigănaș Ș. , On the edge of the third sectoral study of the Dental Practitioners European Council, Zeppelin Magazine, nr. 111, feb. 2012, http://www.e-zeppelin.ro/revista.php?id=239. 24.USER GUIDE, Directive 2005/36/EC, Everything you need to know about the recognition of professional qualifications, 66 Questions, 66 Answers. 25. Dental practitioner`s deontological code from 25/06/2005. Published in Official Monitor, Part I nr. 767 from 23/08/2005

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