Nurse by IMI PQ NET Romania

THE EUROPEAN UNION GOVERNMENT

ROMANIAN MINISTRY OF LABOUR, FAMILY AND SOCIAL PROTECTION AM POSDRU

THE EUROPEAN SOCIAL FUND POS DRU 2007-2013

STRUCTURAL INSTRUMENTS 2007-2013

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 Qualifications in Romania(IMI PQ NET Romania)” Beneficiary: THE MINISTRY OF NATIONAL EDUCATION Contractno: POSDRU/93/3.3/S/53132

L30.2_Ghid1_Szuhanek_Camelia

Guide for Certification and Recognition of the Nurse Profession

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

THE EUROPEAN UNION GOVERNMENT

ROMANIAN MINISTRY OF LABOUR, FAMILY AND SOCIAL PROTECTION AM POSDRU

THE EUROPEAN SOCIAL FUND POS DRU 2007-2013

STRUCTURAL INSTRUMENTS 2007-2013

Contents Introduction

I. The situation of the regulation of the nursing profession in Romania and the 8 Member States of the European Union 1.1. The nursing profession in Europe

4 4

1.2. The European Regulatory Provision through which the nursing 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

2.1. The certification and authentication for pursuing nursing profession in Italy

2.2. The certification and authentication for pursuing nursing profession in Spain

2.3. The certification and authentication for pursuing nursing profession in Czech Republic

2.4. The certification and authentication for pursuing nursing profession in Austria

2.5. The certification and authentication for pursuing nursing profession in United Kingdom

2.6. The certification and authentication for pursuing nursing profession in Denmark

2.7. The certification and authentication for pursuing nursing profession in Holland

2.8. The certification and authentication for pursuing nursing profession in Germany

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

20 3.2.

The recognition of the Nurse Qualification in Italy

3.3.

The recognition of the Nurse Qualification in Spain

3.4.

The recognition of the Nurse Qualification in Czech Republic

3.5.

The recognition of the Nurse Qualification in Austria

3.6.

The recognition of the Nurse Qualification in United Kingdom

3.7.

The recognition of the Nurse Qualification in Denmark

3.8.

The recognition of the Nurse Qualification in Holland

3.9.

The recognition of the Nurse Qualification in Germany

IV. Performing the Nurse Profession in the European Union

V. Conclusions

Bibliography

THE EUROPEAN UNION GOVERNMENT

ROMANIAN MINISTRY OF LABOUR, FAMILY AND SOCIAL PROTECTION AM POSDRU

THE EUROPEAN SOCIAL FUND POS DRU 2007-2013

STRUCTURAL INSTRUMENTS 2007-2013

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 (EEA), through the IMI platform. The purpose of this guide is to consolidate the capacity of the Order of Nurses, Midwives and Nurses in Romania (ONMNR) as a social partner of the project and competent authority for the nurse profession to get involved in the information exchange intermediated by the IMI Platform. Also, this guide was created in order to support the Order of Nurses, Midwives and Nurses in Romania (ONMNR) in the ongoing efforts to standardize the processes of certification, attestation and recognition of the nurse 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 nurse professional qualification in the following Member States of the European Union: Italy, Spain, Germany, Austria, Czech Republic, Holland, Denmark and United Kingdom. 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.

THE EUROPEAN UNION GOVERNMENT

ROMANIAN MINISTRY OF LABOUR, FAMILY AND SOCIAL PROTECTION AM POSDRU

THE EUROPEAN SOCIAL FUND POS DRU 2007-2013

STRUCTURAL INSTRUMENTS 2007-2013

THE EUROPEAN UNION GOVERNMENT

ROMANIAN MINISTRY OF LABOUR, FAMILY AND SOCIAL PROTECTION AM POSDRU

THE EUROPEAN SOCIAL FUND POS DRU 2007-2013

STRUCTURAL INSTRUMENTS 2007-2013

The Situation of the Regulation of the Nursing profession in Romania and in the eight Member States of the European Union

1.1.The nursing profession 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. The differences in pay and working conditions are the 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. The European Regulatory Provision through which the nursing profession is regulated The European Regulatory Provision through which the nurse profession is regulated is established by the Directive regarding the recognition of professional qualifications 2005/36/EC of the European Parliament and 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 nurse 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 nurse, 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. Recognition on the basis of coordinated minimum conditions for training The principle of automatic recognition. All Member States of the EU recognize the nurse qualification for all nationals who fulfill the minimum training condition. The nurse 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 5

THE EUROPEAN UNION GOVERNMENT

ROMANIAN MINISTRY OF LABOUR, FAMILY AND SOCIAL PROTECTION AM POSDRU

THE EUROPEAN SOCIAL FUND POS DRU 2007-2013

STRUCTURAL INSTRUMENTS 2007-2013

the titles of dental qualifications which are covered by automatic recognition. [5, 6] Minimum conditions for nurse training. The Directive no 2005/36/EC of the European Parliament and the Council regarding the professional qualifications recognition describes in detail at article 46 the minimum conditions for training for which automatic recognition of the nurse qualification title is given on the territory of the EU Member States. [6]. Therefore, the nurse training needs to be of minimum three years of studies or 4600 of theoretical and clinical training hours within a nurse integrated university program, in accredited units of education. Exceptions may be granted to persons who have at least an equivalent level of training. The theoretical instruction ensures the knowledge acquisition, understanding and professional competencies for organizing, dispensing and evaluating overall health care. The clinical training ensures the learning within, being in direct contact with a healthy or sick person and/or a community, to organize, to assist and evaluate the necessary global medical assistance, based on the acquired knowledge and competencies. Training must be validated by a bachelor's degree or its equivalent. The training as nurse at a university level must ensure the acquisition of the following knowledge and competencies that allow the pursuit of the following activities [2, 4, 7-10] a) The establishment of the general health care needs and providing corresponding services such as prevention, healing and recuperation; b) Treatment administration, according to medical prescriptions; c) Health protection and improvement d) Program elaboration and health education activities pursuit; e) Actions facilitation for health protection in groups that are considered to be with risk; f) The research activities pursuit in general healthcare domain by the general licensed nurses; g) The involvement in the environmental protection; h) The preparation of written reports regarding the pursuit of specific activity; i)

The organization and Community health services pursuit;

The participation of nurses that have trainer abilities, to theoretical preparation and practice within the continuous education program;

k) The training of the auxiliary sanitary staff; l)

Educational activities pursuit within the educational institutions for future nurses.

THE EUROPEAN UNION GOVERNMENT

ROMANIAN MINISTRY OF LABOUR, FAMILY AND SOCIAL PROTECTION AM POSDRU

THE EUROPEAN SOCIAL FUND POS DRU 2007-2013

STRUCTURAL INSTRUMENTS 2007-2013

In Romania the nurse profession is regulated by Government Emergency Ordinance 144/2009, Law number 307/2004, and within the Occupations Classification from Romania 2013, the professional positions are detailed by: nurses, general health care, obstetrics and gynecology, pediatrics, Physiotherapy, sanitation, hygiene and public health, clinical laboratory, radiology and imaging, pharmacy, medical-social, nutrition and dietetics, care, balneary-physio-kinetotherapy and recovery, medical and surgical emergencies, of prophylaxis, dental office, midwife [8-12]. 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 nurse profession, 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 nurse field.

The competent authority for the recognition of formal qualifications for the nurse profession is Order of Nurses, Midwives and Nurses in Romania (ONMNR)which shall: endorse and issue nurse certificates, prepares continuous improvement programs in nursing domain, is the competent authority for the recognition of formal qualifications in the nurse profession for nationals of Member States of the European Union, citizens of Member States of the European Economic Area and Swiss Confederation citizens, issues 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 parties countries. Also published annually in the Official Gazette of Romania, Part I, National Instrument of Medical Assistants, code of ethics for the profession of nurse[8-12].

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

y Order of the President's decision professionally with clear structure ;

exceptions, those exceptions in justified cases ; 7

THE EUROPEAN UNION GOVERNMENT

ROMANIAN MINISTRY OF LABOUR, FAMILY AND SOCIAL PROTECTION AM POSDRU

THE EUROPEAN SOCIAL FUND POS DRU 2007-2013

STRUCTURAL INSTRUMENTS 2007-2013

uating the competition and communication of results;

procedure for reassessment on the appeal and communication of results; ry and a registration procedure; onitoring procedures of the pursuit of the profession ;

continuous training plans, periodically updated. We appreciate that the procedures for validation and certification of competences for the nurse profession in Romania, as well as recognition of qualifications acquired in other EU Member States, are flexible and tailored to the requirements of Directive 2005/36/EC on the professional recognition qualifications. Comparative analysis of nurse profession in Romania and within the eight Member States of the European Union in the study is shown in Table 1.

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 nursing profession pursuit 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 nursing 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. Law number 189/202 modifed the Unique Text regarding immigration and the nurses are not subject to the quotas and regulations regarding the migration flow. 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 [3, 6] 8

THE EUROPEAN UNION GOVERNMENT

ROMANIAN MINISTRY OF LABOUR, FAMILY AND SOCIAL PROTECTION AM POSDRU

THE EUROPEAN SOCIAL FUND POS DRU 2007-2013

STRUCTURAL INSTRUMENTS 2007-2013

In order to obtain a labour contract for the nurse 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; - submitting the file with the necessary documents to the Ministry of Health in Italy that will issue a recognition decision of the nurse professional diploma;

Table 1: Comparative analysis of nurse profession in Romania and in the 8 EU Member States countries that were surveyed Romania There are regulated professions in the nursing field (yes/No) The regulated professions in the nursing field The competent authority for regulated profess ions in the nursin g field Activities (exclusively or individually) from the nursing domain Competencies

Germany

y e s

Austria

yes

y e s

United Kingdom y e s

The Hol lan yes d

Spain

Italy y e s

y e s

Czech Republic y e s

Denmark

Nurse

y e s

Nurse

Order of Nurses, Midwives and Nurses in Romania (ONMNR)

Bureau Asistentmedicalenre gister Nurses Chambers from the 16th regions

Bundesminister ium für Wirtschaft, Familie und Jugend

Asistent medicals Registration Board

Stichting Bureau Dental Practitionerenregister

Ministry of Health

Ministry of Education, Universities and Research

Czech Chamb er of Nurses

Nurse Association

The are no separated activities

NThe are no separated activities

The are no separated activities

Nurse

Training at university level and whose main component is medical assistance, should maintain a balance between theoretical / practical training in the profession and guarantee the acquisition of the 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 social environment , on the other hand , and the ability to understand the need of harmonizing the nurse creations on a human scale ; ( c ) the ability to understand the Nurse profession and its role in society, particularly in the light of social factors; ( d ) capacity to enable it to meet the requirements of medical act, respecting the limits of the budget and the relevant regulations ; (e ) adequate knowledge organizations, regulations and procedures involved in the integration of nursing and general planning of the medical

Requirements for practice

Employed by public or private medical care units

Regime for recognition according to Directive 2005/36/EC

Automatic recognition

Employed by public or private medical care units

Employ ed by public or private medical care units

Employed by public or private medical care units

THE EUROPEAN UNION GOVERNMENT

ROMANIAN MINISTRY OF LABOUR, FAMILY AND SOCIAL PROTECTION AM POSDRU

THE EUROPEAN SOCIAL FUND POS DRU 2007-2013

STRUCTURAL INSTRUMENTS 2007-2013

Nursing Training is a total of at least four years of study either on based on integral full program, or six years of studying, of which at least three years of full time in a university or in a comparable educational establishment. This training must be of a university level.

Qualificatio n level acc. to. Directive 2005/36/EC

- the employer takes over the applicantâ&#x20AC;&#x2122;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 in Italy; - 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. The university graduates that want to work in Italy in the medical system need to obtain from the italian Ministry of

Health

its

equivalation.

The

file

contains

the

standard

(www.ministerosalute.it/professioni/Documenti/Modello%20D%20Laurea.pdf)

application

filled

in,

form,

through

sent

which

the

equivalation is required, but also the documents: copy of a valid identity document that contains the applicant`s signature; empowerment/procuration for the person that submits the file if the documentation is not presented directly by the applicant, authenticated by the italian consular authority from Romania, by the Civil Status Bureau or by a notary; the authenticated photocopy of the diploma for the required activity; ability diploma, specific for activity, if the legislation of the state that issued the diploma stipulates that; the authenticated photocopy of the school curricula, the number of taken classes and the sustained disciplines; the value declaration issued by the italian diplomatic authority; certificate that proves the absence of criminal or professional limitations for professional activity pursuit, issued by the state of origin or provenance, subsequent to obtaining the diploma for which is required the equivalation (including the internship periods); the registry of all presented documents, signed by the applicant. The documentation is sent to http://www.ministerosalute.it/professioni/Documenti/Allegato%20D.pdf. Note: All documents written in Romanian must be translated in Italian by a certified translator of the Ministry of Justice, certified by a public notary 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 nurses and radiological technicians. Hence, the applicants in these regions must file their

requests

using

the

type

application and 10

the

documents

featuring

Annex

at:

THE EUROPEAN UNION GOVERNMENT

ROMANIAN MINISTRY OF LABOUR, FAMILY AND SOCIAL PROTECTION AM POSDRU

THE EUROPEAN SOCIAL FUND POS DRU 2007-2013

STRUCTURAL INSTRUMENTS 2007-2013

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: a. Step by step documentation. Prior to obtaining the certification of the documents, an authenticated certificate must be obtained for each act of study from the secretariats that issue the documents (baccalaureate diploma, nurse diploma degree). a. If the applicant graduates a medical high-school and public sanitary college, the documents must be certified to the Educational Inspectorate: an authenticated certificate from the high-school, baccalaureate diploma, sanitary college diploma, the supplement transcript and the educational plan from the sanitary college, the preliminary contract with the Italian sanitary unit (hospital, clinic, asylum, etc.) b. If the applicant graduates a private college, the supplement transcript and the educational plan must be certified by Ministry of Health from Bucharest c. If the applicant has higher education of long or short term duration, the visa is obtained from the National Centre for the Equivalence and Recognition of Diplomas (C.N.E.R.D.) within the Ministry of Education and Research: authentication certification (often this certification is attached to the analytical program, preliminary contract; Important! The Free License Practice (no matter the graduated school) must be certified by Ministry of Health from Bucharest; d. The visa can be obtained from the Bucharest Prefecture or the county`s prefecture, for: baccalaureate diploma, the supplement transcript and the educational plan from the sanitary college, analytical program, criminal record, marriage certificate or divorce court decision, birth certificate (standard international). e. Translations and authentications are required for the documents from point d., curriculum vitae (only translated, not authenticated), copies of the diplomas. These are certified at the Court of Appeal/Tribunal from the area of residence. The authenticated documents must be over-legalized by the public notary: the copies as per the original document and translations.

Method

for

preparing

file

for

Consular

Office

and

order

documents

the

file:

1.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), 3.Original power of attorney for the person delegated to submit/remove files; 4.Civil-status documents (for the persons that changed their names â&#x20AC;&#x201C; marriage certificate or divorce order, original and copies) and the birth certificate 11

THE EUROPEAN UNION GOVERNMENT

ROMANIAN MINISTRY OF LABOUR, FAMILY AND SOCIAL PROTECTION AM POSDRU

THE EUROPEAN SOCIAL FUND POS DRU 2007-2013

STRUCTURAL INSTRUMENTS 2007-2013

5.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 nurse in Italy and for nurses from Romania that want to continue their studies The present training for becoming a nurse and for continuing studying – 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. The structure has various levels: a. Laurea in Infermieristica (L) (University courses for nurses). Aims to ensure a good knowledge of general scientific methods and disciplines. It allows the profession pursuit (replaces the previous nurse diplomas and also the university degree in health sciences). The academic studies duration is of 3 years. b. Laurea specialistica in Scienze infermieristiche (LS) (University courses for nurses). Aims to ensure a high level of preparation of the students in order to be able to pursuit an activity of high complexity. The duration is of 2 years.

c. Master di primo livello (1st level Master degree). Scientific course of deepening and permanent high level training applicable to specific fields (critical area, geriatrics, pediatrics, mental health, or public management of nurses, etc.), that can be followed by the university diploma for nurses. d. Master di secondo livello (Second level Master degree). Scientific course of deepening and permanent high level training applicable to specific fields, after obtaining the university diploma for nurses. e. Dottorato di ricerca (Research Doctorate/ PhD). Provides the necessary competencies for pursuing, within the university, public or private institution, research activities of high qualification. f.

The access to the internship subsequent to obtaining the base diploma is for all the nurses that have university degrees (Laurea in Infermieristica), according to the law. The other nurses and the pediatric nurses (that obtained the Baccalaureate diploma) due to the Law number 1/2002 through which the previous diplomas turned valid, can also apply, in order to continue their studies.

In Italy there are Universitary Schools for nurses at [14]: a. Scuola Dai c/o Policlinico Gemelli, Largo A. Gemelli 8 - 00167 Roma - tel. 06/30151, http://www.rm.unicatt.it b.

Scuola Dai c/o Istituto di Igiene - Università "La Sapienza" Piazzale Aldo Moro - 00185 Roma - tel.

06/4959255, http://www.nursing.uniroma1.it c.

Scuola Ddsi c/o Istituto di Igiene - Università Via Santena 5/B - 10126 Torino - tel. 011/6771218

http://molecola.medfarm.unito.it/nurse/scuola/present.htm 12

THE EUROPEAN UNION GOVERNMENT

ROMANIAN MINISTRY OF LABOUR, FAMILY AND SOCIAL PROTECTION AM POSDRU

THE EUROPEAN SOCIAL FUND POS DRU 2007-2013

STRUCTURAL INSTRUMENTS 2007-2013

Scuola Ddsi c/o Dipartimento di pediatria - Unità epidemiologica e di comunità,Via Giustiniani 3 - 35100

Padova, tel. 049/8213968 e.

Scuola Ddsi , Viale Ercolani 6 - 40126 Bologna, tel. 051/342618

Scuola Ddsi c/o II Clinica pediatrica, Largo Gaslini 5 - 16148 Genova, tel. 010/5636248

Scuola Ddsi c/o Scuola infermieri professionali Collemaggio, Pal. Orologio - 67100 L'Aquila, tel.

0862/433503 The nurse schools with two years duration issue the diplomas with different names, but with the same value: Infermiere Insegnante Dirigente (IID); Dirigente dell’Assistenza Infermieristica (DAI); Dirigente e Docente di Scienze Infermieristiche (DDSI). How to obtain a job taking into consideration the preparation. A Romanian applicant can pursue the nurse profession in Italy if he graduated high school and the 2-3 years public or private sanitary professional school institutions, or if he has an equivalence certificate of the sanitary school according to law number 797/1997, an authorization as per 609/1992 etc. Conditions: -

The analytical program has to have 4600 of theoretical and clinical training hours;

To be capable from a mdeical perspective;

Without criminal history;

Without restrictions in leaving the city of Romania`s territory;

To want to learn the language and professional knowledge, by working in Italy in this field. As a nurse that obtained the recognition degree in Italy, for obtaining the approval regarding the profession pursuit, will sustain a language and medical Italian legislation from the Italy College of Nurses (IPASVI). If it was not passed, it can be repeated every two months, in the first 6 months. The first 6 months are considered to be probation, and within this timeframe any nurse that does not correspond from a professional perspective can be dismissed with a 30 days notice. According to the Italian legislation stipulations the Romanian applicatns that obtained work contratcs in Italy as nurses, have the same rights and obligations as the state`s citizens (Italian legislation decree 286 from 25.07.2998).

2.2. Authentication and certification for nurse profession pursuit 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

THE EUROPEAN UNION GOVERNMENT

ROMANIAN MINISTRY OF LABOUR, FAMILY AND SOCIAL PROTECTION AM POSDRU

THE EUROPEAN SOCIAL FUND POS DRU 2007-2013

STRUCTURAL INSTRUMENTS 2007-2013

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]. 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. This certificate is not required from the applicants to general medical nurse title, midwives. 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 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 Council . - a certificate issued by the competent authority that contains the specification of the exact profession pursuit, that proves the full-time profession pursuit , in the last 10 years, in the member state that issued the title, only if 14

THE EUROPEAN UNION GOVERNMENT

ROMANIAN MINISTRY OF LABOUR, FAMILY AND SOCIAL PROTECTION AM POSDRU

THE EUROPEAN SOCIAL FUND POS DRU 2007-2013

STRUCTURAL INSTRUMENTS 2007-2013

within that state does not have the regulated profession mentioned. The document is not necessary for the titles obtained in Romania because the nurse profession is regulated. If the Medical Nurse and midwife titles are not entirely responding to the requirements, according to Chapter III of Title III, from the Directive regarding the professional qualifications recognition 2005/36/EC of the European Parliament and the Council, a certificate issued by the competent authority is required in order to prove that the owner of it has dedicated himself effectively and legally to the corresponding activities, for at least 3 consecutive years in the last 5 years from the date when the certificated was issued. 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 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. Authentication and certification for nurse profession pursuit in Czech Republic The pursuit of nurse profession in the Czech Republic is regulated by the article 31 from the Directive on the recognition of professional qualifications 2005/36/EC of the European Parliament and of 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 nurse profession in Czech Republic: Všeobecná sestra/ Všeobecný ošetřovatel. Competent institutions in the certification of the nurse 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 Requirements for the EU citizens that wish to pursue the nurse 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 Nurses. 15

THE EUROPEAN UNION GOVERNMENT

ROMANIAN MINISTRY OF LABOUR, FAMILY AND SOCIAL PROTECTION AM POSDRU

THE EUROPEAN SOCIAL FUND POS DRU 2007-2013

STRUCTURAL INSTRUMENTS 2007-2013

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. Training requirements: a) University studies or equivalent in the medical nurse field provided by or under the supervision of a recognized university, section 3, paragraph a); the studies m첫ust 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). 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. c) University studies or graduated in a comparable institution in one of the fields of study listed in Section 5, subsection 3, at a license degree or master program and/or a seconday school or a technical postsecondary school for certification, according to section 3, paragraph c)

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 nurse takes the oath. The enrollment in the professional organization is mandatory.

2.4. Authentication and certification for nurse profession pursuit in Austria Nurse profession is regulated in Austria. The competent authority is :

THE EUROPEAN UNION GOVERNMENT

ROMANIAN MINISTRY OF LABOUR, FAMILY AND SOCIAL PROTECTION AM POSDRU

THE EUROPEAN SOCIAL FUND POS DRU 2007-2013

STRUCTURAL INSTRUMENTS 2007-2013

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. The name of the professional qualification in Austria is: Diplomierte Kranken-schwester/ Diplomierter Krankenpfleger Diplomierter / Kinderkran-kenschwester/-pfleger Diplomierter psychiatrische/r Gesundheits- und Krankenschwester/-pfleger. Searching for a job is more frequently through the Public Employment Service - Österreichische Ärztekammer:: http://www.ams.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 nurse profession, 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.

2.5. Authentication and certification for nurse profession pursuit in United Kingdom The nurse profession in United Kingdom is regulated by the article 34 from the Directive on the recognition of professional qualifications 2005/36/EC of the European Parliament and Council . The list of regulated professions in United Kingdom, 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 nurse profession 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. In United Kingdom, the access to regulated professions is made through: a) Midwife, General Care Nurse professions are regulated and benefit of automatic recognition of the professional qualifications obtained within EU Member States, the recognition from the designated competent authority being mandatory. b) Regulated professions that don`t benefit of automatic recognition of the professional qualifications obtained 17

THE EUROPEAN UNION GOVERNMENT

ROMANIAN MINISTRY OF LABOUR, FAMILY AND SOCIAL PROTECTION AM POSDRU

THE EUROPEAN SOCIAL FUND POS DRU 2007-2013

STRUCTURAL INSTRUMENTS 2007-2013

in other Member States, being mandatory to obtain the recognition from a designated competent authority c) Regulated professions for the pursuit of which can be necessary an obtained professional title or a recommendation letter from a designated organization, without being mandatory. In this case, the employers can allow the access to these professions in the absence of a registration procedure, having, however, the possibility of requiring this formality subsequently. The list of regulated professions in United Kingdom, the competent authorities with the professional qualifications recognition and the contact details, can be found on the British Department . for Innovation, Universities and Skills â&#x20AC;&#x201C; DIUS: http://www.dfes.gov.uk/europeopen/eutouk/eutouk_search_form.shtml

The dental practitioners that wish to pursue the dental practice in United Kingdom 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 services provided by the United Kingdom Chamber of Nurses (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),

elaboration of 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 nurse profession 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), 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 / analytical programs / structure of courses, 1390 pounds examination fee, a photo, a copy of the marriage certificate in the case of a name change, IELTS certificate. 18

THE EUROPEAN UNION GOVERNMENT

ROMANIAN MINISTRY OF LABOUR, FAMILY AND SOCIAL PROTECTION AM POSDRU

THE EUROPEAN SOCIAL FUND POS DRU 2007-2013

STRUCTURAL INSTRUMENTS 2007-2013

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 form 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 fee (35 pounds) and registration fee (246 pounds that can be payed in four tranches).

2.6. Authentication and certification for nurse profession pursuit in Denmark The pursuit of the nurse profession in Denmark is regulated by the article 31 from the Directive on the recognition of professional qualifications 2005/36/EC of the European Parliament and Council. The competent authority for the attestation and certification of professional qualifications is Sundhedsstyrelsen (National Board of Health) â&#x20AC;&#x201C; 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

the

competent

regulation

authority.

information

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

institutions/recognition-and-transparency/regulated-professions

2.7. Authentication and certification for nurse profession pursuit in Holland The pursuit of the nurse profession in Holland is regulated by the article 31 from the Directive on the recognition of professional qualifications 2005/36/EC of the European Parliament and 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 against improper treatment by healthcare provider. It contains information about over 400 000 people. In order to pursue the nursing profession, 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]. In addition to the qualification titles, in order to attest and certify the right to pursue the nurse profession, the general and professional knowledge are being evaluated. Additional examinations must be passed for: 19

THE EUROPEAN UNION GOVERNMENT

ROMANIAN MINISTRY OF LABOUR, FAMILY AND SOCIAL PROTECTION AM POSDRU

THE EUROPEAN SOCIAL FUND POS DRU 2007-2013

STRUCTURAL INSTRUMENTS 2007-2013

knowledge of Dutch, knowledge of read English, IT literacy, basic knowledge, the Dutch health care system, basic nurse 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 (0,5-3 years) 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. Regulation regarding professional experience, effective starting 31st of December 2014 Any student graduating after the 31st of December 2014 and wanting to pursue the nurse profession 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 Nurse medicalenregister 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. 20

THE EUROPEAN UNION GOVERNMENT

ROMANIAN MINISTRY OF LABOUR, FAMILY AND SOCIAL PROTECTION AM POSDRU

THE EUROPEAN SOCIAL FUND POS DRU 2007-2013

STRUCTURAL INSTRUMENTS 2007-2013

2.8. Authentication and certification for nurse profession pursuit in Germany The pursuit of the nurse professionin Germany is regulated by the article 31 from the Directive on the recognition of professional qualifications 2005/36/EC of the European Parliament and 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 nurse title is protected but the profession is not regulated [21, 22]. The title is given after the registration on dental practitioners Register, managed by the Nurse 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 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 nurse 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 qualification 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/. 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.

THE EUROPEAN UNION GOVERNMENT

ROMANIAN MINISTRY OF LABOUR, FAMILY AND SOCIAL PROTECTION AM POSDRU

THE EUROPEAN SOCIAL FUND POS DRU 2007-2013

STRUCTURAL INSTRUMENTS 2007-2013

III. The processes of recognition of the qualifications attained in other

European Union Member States 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. 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. 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 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. For the nurse profession, 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 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. 22

THE EUROPEAN UNION GOVERNMENT

ROMANIAN MINISTRY OF LABOUR, FAMILY AND SOCIAL PROTECTION AM POSDRU

THE EUROPEAN SOCIAL FUND POS DRU 2007-2013

STRUCTURAL INSTRUMENTS 2007-2013

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 Council on the recognition of professional qualifications apply only to those who completed the 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 Centers (NARIC) for information on the academic recognition of diplomas - http://www.enic-naric.net/. 2. Citizenâ&#x20AC;&#x2122;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 nurse must be the citizen of one of these states when the applying for recognition. The provisions also apply to those with dual citizenship. Example: a nurse brazilian citizen 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 nurse 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 nurse 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 nurse obtained the professional qualification in one of the 30 states of the Directive. It is considered that the nursing professional qualification was obtained in a member state if the applicant has obtained a certificate of completion of a degree in a nursing program, 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 nurse 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 nurse profession The nurse 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 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 nurse 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 nurse 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 Council on the recognition of 23

THE EUROPEAN UNION GOVERNMENT

ROMANIAN MINISTRY OF LABOUR, FAMILY AND SOCIAL PROTECTION AM POSDRU

THE EUROPEAN SOCIAL FUND POS DRU 2007-2013

STRUCTURAL INSTRUMENTS 2007-2013

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 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 nurse 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 Germany. On the other hand, if the nurse is not enrolled in the professional register, he is not considered legally established. The statement. 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 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: 24

THE EUROPEAN UNION GOVERNMENT

ROMANIAN MINISTRY OF LABOUR, FAMILY AND SOCIAL PROTECTION AM POSDRU

THE EUROPEAN SOCIAL FUND POS DRU 2007-2013

STRUCTURAL INSTRUMENTS 2007-2013

-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. For the nurse 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 Council on the recognition of professional qualifications, and can be easily checked by the competent authority. Once the declaration was sent, the citizen can immediately start working on the host member state, without waiting for the answer from the competent authorities, except the situations when his activity implies a potential threat to the public health or security. If the professional title held by the nurse is not mentioned in Annex V to the Directive 2005/36/EC of the European Parliament and 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 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 training received by the migrant and the one in the host country. These measures 25

THE EUROPEAN UNION GOVERNMENT

ROMANIAN MINISTRY OF LABOUR, FAMILY AND SOCIAL PROTECTION AM POSDRU

THE EUROPEAN SOCIAL FUND POS DRU 2007-2013

STRUCTURAL INSTRUMENTS 2007-2013

shall be adopted only if the citizen's professional experience and / or 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 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. 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 nurse 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. 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 â&#x20AC;&#x201C; a statement affirming that he was he was never prohibited from practising due to grave professional misconduct or criminal offence; 26

THE EUROPEAN UNION GOVERNMENT

ROMANIAN MINISTRY OF LABOUR, FAMILY AND SOCIAL PROTECTION AM POSDRU

THE EUROPEAN SOCIAL FUND POS DRU 2007-2013

STRUCTURAL INSTRUMENTS 2007-2013

- 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 Council on the recognition of professional qualifications.

If the professional title held by the nurse is not mentioned in Annex V or VI or in other specific situations described by Directive 2005/36/EC of the European Parliament and Council

on the recognition of professional

qualifications â&#x20AC;&#x201C; 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 nurse 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 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 the nurse 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 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. 27

THE EUROPEAN UNION GOVERNMENT

ROMANIAN MINISTRY OF LABOUR, FAMILY AND SOCIAL PROTECTION AM POSDRU

THE EUROPEAN SOCIAL FUND POS DRU 2007-2013

STRUCTURAL INSTRUMENTS 2007-2013

The automatic recognition of the dental practitioner qualification In order to benefit of automatic recognition, the nurse must fulfill the following conditions: -

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

The qualification must certify a training that meets the minimum settled requirements by the Directive 2005/36/EC on 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.

Example: A spanish nurse 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 nurse 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; 28

THE EUROPEAN UNION GOVERNMENT

ROMANIAN MINISTRY OF LABOUR, FAMILY AND SOCIAL PROTECTION AM POSDRU

THE EUROPEAN SOCIAL FUND POS DRU 2007-2013

STRUCTURAL INSTRUMENTS 2007-2013

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 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

THE EUROPEAN UNION GOVERNMENT

ROMANIAN MINISTRY OF LABOUR, FAMILY AND SOCIAL PROTECTION AM POSDRU

THE EUROPEAN SOCIAL FUND POS DRU 2007-2013

STRUCTURAL INSTRUMENTS 2007-2013

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

3.2 The recognition of the Nurse 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 adegua determinate direttive sulla libera circolazione delle persone a seguito dell'adesione di Bulgaria e Romania”. 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,

puntonazionaledicontattoqualificheprofessionali@politicheeuropee.it, Website: www.politichecomunitarie.it.

e-mail:

THE EUROPEAN UNION GOVERNMENT

ROMANIAN MINISTRY OF LABOUR, FAMILY AND SOCIAL PROTECTION AM POSDRU

THE EUROPEAN SOCIAL FUND POS DRU 2007-2013

STRUCTURAL INSTRUMENTS 2007-2013

For nursing 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. 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: 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 31

THE EUROPEAN UNION GOVERNMENT

ROMANIAN MINISTRY OF LABOUR, FAMILY AND SOCIAL PROTECTION AM POSDRU

THE EUROPEAN SOCIAL FUND POS DRU 2007-2013

STRUCTURAL INSTRUMENTS 2007-2013

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 authorized 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.

1.3 The recognition of the Nurse 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 on the recognition of professional qualifications). The regulated professions in Spain in the nursing domain are: nurse, and the competent authority for the professional recognition is the Ministry of Health. The recognition for the nurse 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 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 nurse 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 32

THE EUROPEAN UNION GOVERNMENT

ROMANIAN MINISTRY OF LABOUR, FAMILY AND SOCIAL PROTECTION AM POSDRU

THE EUROPEAN SOCIAL FUND POS DRU 2007-2013

STRUCTURAL INSTRUMENTS 2007-2013

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. Regarding the recognition procedure in Spain the following can be summarized: 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. 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 nurse professional recognition in Spain The nurse profession is a regulated profession in Spain. The nurses 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 33

THE EUROPEAN UNION GOVERNMENT

ROMANIAN MINISTRY OF LABOUR, FAMILY AND SOCIAL PROTECTION AM POSDRU

THE EUROPEAN SOCIAL FUND POS DRU 2007-2013

STRUCTURAL INSTRUMENTS 2007-2013

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, 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 nursing domain The nurse 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. 34

THE EUROPEAN UNION GOVERNMENT

ROMANIAN MINISTRY OF LABOUR, FAMILY AND SOCIAL PROTECTION AM POSDRU

THE EUROPEAN SOCIAL FUND POS DRU 2007-2013

STRUCTURAL INSTRUMENTS 2007-2013

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 nurse, an 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, - 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 Nurse Qualification in Czech Republic The professional qualifications recognition and the list of necessary documents are regulated in Czech Republic through Law 18 from 2004. As in Romania, in Czech Republic there is an information point for the professional qualifications recognition - The Professional Qualifications Recognition Center. 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 35

THE EUROPEAN UNION GOVERNMENT

ROMANIAN MINISTRY OF LABOUR, FAMILY AND SOCIAL PROTECTION AM POSDRU

THE EUROPEAN SOCIAL FUND POS DRU 2007-2013

STRUCTURAL INSTRUMENTS 2007-2013

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 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, e36

THE EUROPEAN UNION GOVERNMENT

ROMANIAN MINISTRY OF LABOUR, FAMILY AND SOCIAL PROTECTION AM POSDRU

THE EUROPEAN SOCIAL FUND POS DRU 2007-2013

STRUCTURAL INSTRUMENTS 2007-2013

mail: 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.

The nurse 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 nursing 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 37

THE EUROPEAN UNION GOVERNMENT

ROMANIAN MINISTRY OF LABOUR, FAMILY AND SOCIAL PROTECTION AM POSDRU

THE EUROPEAN SOCIAL FUND POS DRU 2007-2013

STRUCTURAL INSTRUMENTS 2007-2013

the same rights as a certified czech nurse, except the right to vote within the General Congregation of the professional

association.

Standard

application

can

found

http://www.cka.cc/cca/prilohy/form_visiting_person, for the notification regarding the temporary services provision in the nursing domain on the Czech Republic`s territory is standardized. 3.5 The nurse qualification recognition in Austria The nurse 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 nurse 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.) Nurse recognition for EU, EEA and Switzerland citizens A EU, Economic European Space (EES) or Switzerland Confederation nurse citizen, 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 nurse 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 nurses for Vienna, lower Austria and Burgenland



Chamber of nurses for Styria and Carinthia



Chamber of nurses for Upper Austria and Salzburg



Chamber of nurses for Tirol and Vorarlberg.

3.6 The recognition of the Nurse Qualification in the United Kingdom In the 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. 38

THE EUROPEAN UNION GOVERNMENT

ROMANIAN MINISTRY OF LABOUR, FAMILY AND SOCIAL PROTECTION AM POSDRU

THE EUROPEAN SOCIAL FUND POS DRU 2007-2013

STRUCTURAL INSTRUMENTS 2007-2013

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. For professional qualification recognition as a nurse 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 done 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

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 â&#x20AC;&#x201C; 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 nurse 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 citizen 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 Medical Nurses Committee from Denmark. 39

THE EUROPEAN UNION GOVERNMENT

ROMANIAN MINISTRY OF LABOUR, FAMILY AND SOCIAL PROTECTION AM POSDRU

THE EUROPEAN SOCIAL FUND POS DRU 2007-2013

STRUCTURAL INSTRUMENTS 2007-2013

The nurse 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 nurse qualification in Holland The Foundation for Cooperation on Vocational Education, Training and the Labour Market (S-BB) and the 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 ET system. All the needed information for the recognition

gained

qualification

outside

Holland

can

obtained

from

the

website

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 nurse 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 â&#x20AC;&#x153;The Law of recognitionâ&#x20AC;?. The regions developed different prescriptions. In this context, the recognition of the dental practitioner profession in Germany is regulated by the land 40

THE EUROPEAN UNION GOVERNMENT

ROMANIAN MINISTRY OF LABOUR, FAMILY AND SOCIAL PROTECTION AM POSDRU

THE EUROPEAN SOCIAL FUND POS DRU 2007-2013

STRUCTURAL INSTRUMENTS 2007-2013

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 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 nurse 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. 41

THE EUROPEAN UNION GOVERNMENT

ROMANIAN MINISTRY OF LABOUR, FAMILY AND SOCIAL PROTECTION AM POSDRU

THE EUROPEAN SOCIAL FUND POS DRU 2007-2013

STRUCTURAL INSTRUMENTS 2007-2013

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; • 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 nurses that 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 nurse in the resident country, can practice the profession on the Romanian territory, only occasionally, according to the Ministry of Public Health and to Order of Nurses, Midwives and Nurses in Romania (ONMNR) 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 nurse is committed to respect the Ethics code of nurses detailed at http://www.oar.org.ro/upload/2012/Codul_deontologic_al_profesiei_de_asistent medical.doc. The nurse or midwife 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. A Romanian applicant can pursue the nurse profession in Italy if he graduated high school and the 2-3 years public or private sanitary professional school institutions, or if he has an equivalence certificate of the sanitary school according to law number 797/1997, an authorization as per 609/1992 etc.

Annex V. letter j from Directive 100 of the European Parliament and Council stipulates the inclusion in Directive 2005/36/EC of the European Parliament and Council, only of the Nurse profession regarding the European automatic recognition: -Short term Higher Degree Nurse diploma - type of preparation: University, and long term higher degree nurse diploma - type of preparation: University. 42

THE EUROPEAN UNION GOVERNMENT

ROMANIAN MINISTRY OF LABOUR, FAMILY AND SOCIAL PROTECTION AM POSDRU

THE EUROPEAN SOCIAL FUND POS DRU 2007-2013

STRUCTURAL INSTRUMENTS 2007-2013

The document does not involve the General Medicine Nurse that graduated a post-high school college. In Romania, the post-high school preparation is included in Law 307/2004, harmonized with the sectoral directives and stipulated in the mentioned Directive. Considering this, the Government of Romania, at the initiative of the Ministry of Education and Research approved the Memorandum with the theme “free circulation of General Medicine Nurse profession formed through sanitary post-high school education”. The document proposes the EU Council to initiate the completion procedure of Directive 102/2005/EC of the European Parliament and Council and, also of Directive 2005/36/EC of the European Parliament and Council, with the inclusion of the level of preparation of the Nurse through the post-high school college. This way, the Ministry of Health can issue recognition certificates in all the other EU Member States of the qualification titles obtained in Romania and for Nurse to the ones that graduated the post-high school colleges. The occupations correspondent to nurse qualification in Romania, according to OCR - Occupations Code from Romania, 2013 – are: - 531201 maternal nurse - 226905 nurse (higher education) - 325301 Community nurse - 325603 counseling nurse HIV/ AIDS - 325502 physiotherapy nurse - 222101 general medical nurse - 134201 head nurse - 263509 elderly care nurse - 532203 personal nurse for people with severe disabilities - 532905 personal care nurse

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) 226105 Researcher assistant in Medical Stomatology, training level 4 (higher education) 43

THE EUROPEAN UNION GOVERNMENT

ROMANIAN MINISTRY OF LABOUR, FAMILY AND SOCIAL PROTECTION AM POSDRU

THE EUROPEAN SOCIAL FUND POS DRU 2007-2013

STRUCTURAL INSTRUMENTS 2007-2013

Law number 307/2004 regarding the nurse and midwife profession pursuit and the organization and operation of Order of Nurses, Midwives and Nurses in Romania was published in the Official Monitor, Part I number 578 from 30/06/2004.

In Italy the certified nurse 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 nurse is issued 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;

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. 44

THE EUROPEAN UNION GOVERNMENT

ROMANIAN MINISTRY OF LABOUR, FAMILY AND SOCIAL PROTECTION AM POSDRU

THE EUROPEAN SOCIAL FUND POS DRU 2007-2013

STRUCTURAL INSTRUMENTS 2007-2013

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 Nurses of which the applicant belongs to. In the Czech Republic, after graduating the certification exam, every nurse

takes an oath. After the

recognition as a nurse, 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 nurse. In Denmark, the competent authority in certifying the profession as a nurse Sundhedsstyrelsen (National Board of Health) â&#x20AC;&#x201C; 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 the Holland the nurse 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

information

can

picked

from:

www.

Arbeitagentur.de/

ServicevonAbisZ/Auslanderbeschaftigung. When a contender for the job identified an employer he must submit to the Agentur fĂźr 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, 45

THE EUROPEAN UNION GOVERNMENT

ROMANIAN MINISTRY OF LABOUR, FAMILY AND SOCIAL PROTECTION AM POSDRU

THE EUROPEAN SOCIAL FUND POS DRU 2007-2013

STRUCTURAL INSTRUMENTS 2007-2013

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 nurse, 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 nurses 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 â&#x20AC;&#x201C; 11%, and considering the respondents who cited other reasons â&#x20AC;&#x201C; 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.

V. Conclusions The free circulation and recognition mutual recognition of nurse title is based on the fundamental principle of automatic recognition of qualification titles, based on coordination of minimum training conditions. The minimum training conditions for the nurse profession are harmonized at a European level, taking part of so called category of sectoral professions. All the EU Member States recognize the nurse qualification for all the citizens that fulfill the minimum training conditions. There are significant differences between the EU Member States regarding the work tasks that can be accomplished by the nurse and if the internal market is regulated through a activities reservation, a reservation of a professional title or an open mechanism. From a nurse profession pursuit perspective, in most of the analyzed Member States, the activities from the nurse domain are being pursuit by people having the official qualification nurse title. There is a shaded picture in the different countries that have been analyzed regarding the reserved limitation of the activities.If the nurse 46

THE EUROPEAN UNION GOVERNMENT

ROMANIAN MINISTRY OF LABOUR, FAMILY AND SOCIAL PROTECTION AM POSDRU

THE EUROPEAN SOCIAL FUND POS DRU 2007-2013

STRUCTURAL INSTRUMENTS 2007-2013

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 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.

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 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

(BQFG),

von

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 47

THE EUROPEAN UNION GOVERNMENT

ROMANIAN MINISTRY OF LABOUR, FAMILY AND SOCIAL PROTECTION AM POSDRU

THE EUROPEAN SOCIAL FUND POS DRU 2007-2013

STRUCTURAL INSTRUMENTS 2007-2013

184/2001 regarding the organization and nurse profession pursuit 9.Law number 172 from 16th of July of 2010 for modifying the Law 184/2001 regarding the organization and nurse profession pursuit 10.Law number 184 from 12th of April of 2001regarding the organization and nurse profession pursuit 11. Law no. 95/2006 on healthcare reform, as supplemented and amended (under review) 12. Law number 307/2004 regarding the nurse and midwife profession pursuit and the organization and operation of Order of Nurses, Midwives and Nurses in Romania 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. The Order of Nurses, Midwives and Nurses in Romania rules of operation and functionality, 2005.www. OAMGMAMR.ro 19. Romulus BENA, Presenting SOLVIT at the promoting conference of the IMI PQ NET Romania system, September 20, 2012. Neptun 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. 20. The Asistent medicalural Profession in Europe - A Sector Study Commissioned by the Asistent medicals’ Council of Europe, 18 December 2008 48

THE EUROPEAN UNION GOVERNMENT

ROMANIAN MINISTRY OF LABOUR, FAMILY AND SOCIAL PROTECTION AM POSDRU

THE EUROPEAN SOCIAL FUND POS DRU 2007-2013

STRUCTURAL INSTRUMENTS 2007-2013

21. The Asistent medicalural Profession in Europe 2012 - A Sector Study Commissioned by the Asistent medicals’ 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 22.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. 23.USER GUIDE, Directive 2005/36/EC, Everything you need to know about the recognition of professional qualifications, 66 Questions, 66 Answers.