Page 1
1
THE EUROPEAN UNION GOVERNMENT ROMANIAN MINISTRY OF LABOR,
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 NETRomania)”
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 Medical
Professionals
Author:
Memoirs Chief Dr.Camelia SZUHANEK
Methodological ExpertANC, Healthcare Domain
Page 2
2
THE EUROPEAN UNION GOVERNMENT ROMANIAN MINISTRY OF LABOR,
FAMILY AND SOCIAL PROTECTION
AM POSDRU
THE EUROPEAN SOCIAL FUND
POS DRU 2007-2013
STRUCTURAL INSTRUMENTS
2007-2013
Contents
Introduction 3
I. The situation of the regulation of the medical profession in Romania and Member States of
the European Union 4 4
1.1. The medical profession in Europe 4
1.2. The European Regulatory Provision through which the medical profession is regulated 4
II. The validation/certification Procedures of the competences applied by the CA from the
countries where the profession/s is/are regulated 18
2.1. Certification for medical practice in Italy 18
2.2. Certification for medical practice in Spain 20
2.3. Certification for medical practice in Czech Republic 22
2.4. Certification for medical practice in Austria 23
2.5. Certification for medical practice in Great Britain 24
2.6. Certification for medical practice in Denmark 26
2.7. Certification for medical practice in Holland 27
2.8. Certification for medical practice in Germany 29
III. The processes of recognition of the qualifications attained in other member states of the
European Union 30
3.1. General framework of the recognition process for regulated qualifications / professions in
the European Union
30
3.2. Recognition of the Medical Qualification in Italy 38
3.3. Recognition of the Medical Qualification in Spain 40
3.4. Recognition of the Medical Qualification in Czech 43
3.5. Recognition of the Medical Qualification in Austria 46
3.6. Recognition of the Medical Qualification in Great Britain 46
3.7. Recognition of the Medical Qualification in Denmark 47
3.8. Recognition of the Medical Qualification in Holland 47
3.9. Recognition of the Medical Qualification in Germany 48
IV. Practicing the Medical Profession in the European Union 49
V. Conclusions 53
Bibliography 54
Page 3
3
THE EUROPEAN UNION GOVERNMENT ROMANIAN MINISTRY OF LABOR,
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 Qualifications Authority and the Institute for Social Policies(IPS),
co-financed by the European Social 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 Area (EEA),
through the IMI platform.
The purpose of this guide is to consolidate the capacity of the Romanian Physicians’ College (RPC)
as a social partner of the project and competent authority for the medical profession to get involved in the
information exchange intermediated by the IMI Platform.
Also, this guide was created in order to support the Ministry of Health (MS) and the Romanian
Physicians’ College (RPC) in the ongoing efforts to standardize the processes of certification, attestation and
recognition of the medical profession, by providing information regarding the common practices from other
member states of the European Union.
This guide also has the purpose of informing the Romanian citizens about the process of certification of
the competencies, the requirements and particularities of the process of recognition for the professional
qualification of being a doctor in the following member states of the European Union: Italy, Spain, Germany,
Austria, Czech Republic, Holland, Denmark and Great Britain.
For creating guides of recognition and certification for the regulated professions, the methodological
external experts of the National Qualifications Authority 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.
Page 4
4
THE EUROPEAN UNION GOVERNMENT ROMANIAN MINISTRY OF LABOR,
FAMILY AND SOCIAL PROTECTION
AM POSDRU
THE EUROPEAN SOCIAL FUND
POS DRU 2007-2013
STRUCTURAL INSTRUMENTS
2007-2013
I. The Situation of the Regulation of the Medical Profession in Romania
and Member States of the European Union
1.1.The Medical Profession in Europe
According to the 19th article from Directive no 2005/36/EC of the European Parliament and the
Council for free movement regarding the recognition of the professional qualifications; the professional
status of a doctor should be based on the fundamental principle of automatic recognition of the evidence of
formal qualifications on the basis of coordinated minimum conditions for training. In addition, access in the
Member States to the medicine professions should be made conditional upon the possession of a given
qualification ensuring that the person concerned has undergone training which meets the minimum
conditions established. The medical profession the second most mobile profession in the EU according to the
website: http://ec.europa.eu/internal_market/qualifications [26, 27].
The structure of the labor market and services in the medical field falls within the general
phenomenon of labor migration in the healthcare industry, representing an existential interest. The
differences in wages and working conditions are causes of this phenomenon. The differences between the
structures of the systems have substantial repercussions on the offering and qualification structures. Over 70
percent of the Romanian Health System employees intend to leave the country and work abroad, but 36,8 %
of them have different impediments related to their families.
These are the results of the study called “The Migration Tendency of the sanitary system personnel”
ran by the “Sanitary Solidarity” Romanian Federation in 2012.
Simultaneously, the fact that the percentage of the undecided is around 40 % of the total employees
shows a dependency of the amplitude of this phenomenon, especially of the conditions that the country
offers, because these conditions are the same. This concludes the fact that the pull factors are constantly
active [3, 5, 6, 26, and 27].
1.2. The European Regulatory Provision through which the Medical Profession is regulated
The European Regulatory Provision through which the medical profession is regulated is established
by the Directive regarding the recognition of professional qualifications 2005/36/EC of the European
Parliament and the Council [5, 24]. 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 medical practice are established at a European level and are part of the category
of the so-called sectoral professions.
In most of the member states, the medical activities are applied de jure or de facto by persons who
either only have the official title of qualification as a doctor, or have this title along with another appellative,
without these persons benefitting from a monopoly over practicing those activities, with the exception of the
cases where there are contradictory legal dispositions.
Page 5
5
THE EUROPEAN UNION GOVERNMENT ROMANIAN MINISTRY OF LABOR,
FAMILY AND SOCIAL PROTECTION AM POSDRU
THE EUROPEAN SOCIAL FUND
POS DRU 2007-2013 STRUCTURAL INSTRUMENTS
2007-2013
Recognition on the basis of coordinated minimum conditions for training
The principle of automatic recognition. All member states of the EU recognize the medical
qualification for all nationals who fulfill the minimum training condition. The “Doctor” titles which fulfill
these criteria benefit from the same effect regarding the access to professional activities and pursuing these, on
the territory of the host member state, the same as in the home member state. Directive no 2005/36/EC of the
European Parliament and the Council relating to the recognition of the professional qualifications comprises in
annex V article 5.7.1 the titles of medical qualifications which are covered by automatic recognition. [5, 6]
Minimum conditions for medical training. Directive no 2005/36/EC of the European Parliament and
the Council relating to the recognition of the professional qualifications describes in detail at article 46 the
minimum conditions for training for which automatic recognition of the “Doctor” qualification title is given on
the territory of the EU member states. [6].
The medical profession shall be based on the training referred to Article 34 from the Directive no
2005/36/EC of the European Parliament and the Council relating to the recognition of the professional
qualifications and it is a specific and distinct profession. At point 5.3.2 from Annex V it is specified that
pursuing the medical professional activity shall be contingent upon possession of a recognized qualification
certificate. The International Labor Organization (OIM) has revised the International Standard Classification
of Occupations, thus the corresponding ISCO88 (COM) 1: 2
ENG - Major group 2: professionals
FRA - Grand groupe 2: professions intellectuelles et scientifiques
GER - Berufshauptgruppe 2: wissenschaftler.
Description: The Doctors study, diagnose, treat and prevent disease, infections, injury and other
physical and mental impairments on human by applying the principles and procedures of modern medicine.
They plan, supervise and evaluate the implementation of the healthcare and treatment plans provided by other
health services providers, coordinate the medical education and research activities.
In Romania the activity is regulated through the Act no 95/2006 with regards to the reformation in the
healthcare domain, with further completions and addings (in progress). The medical profession is regulated by
and comprised in COR 2013 (the Classification of Occupations in Romania), Base Group 222 corresponding to
Major Group 2 – Specialists in different activity domains. Level of training: 4 (higher education): The
specialists who have intellectual and scientific occupations develop the existing stock of knowledge,
systematically teach and apply theories and scientific or artistic concepts or get involved in any combination of
these activities. The professional levels differ: 222102 resident doctor, 222103 specialist doctor, 222108
primary doctor.
The medical profession is based on assuring public and individual health by respecting the Professional
Code of the Doctor. The specific character of the practiced activities based on the official medical qualification
Page 6
6
THE EUROPEAN UNION GOVERNMENT ROMANIAN MINISTRY OF LABOR,
FAMILY AND SOCIAL PROTECTION AM POSDRU
THE EUROPEAN SOCIAL FUND
POS DRU 2007-2013 STRUCTURAL INSTRUMENTS
2007-2013
titles referred to by the law, individualizes, distinguishes and separates the medical profession from any other
professions within the medical domain.
At European level, the basic medical training requires a total of at least six years of study or 5500
hours of theoretical and practical training provided by, or under the supervision of, a university. Basic
medical training shall provide an assurance that the person in question has acquired the following
knowledge and skills:
(a) adequate knowledge of the sciences on which medicine is based and a good understanding of the
scientific methods including the principles of measuring biological functions, the evaluation of scientifically
established facts and the analysis of data;
(b) sufficient understanding of the structure, functions and behavior of healthy and sick persons, as well
as relations between the state of health and physical and social surroundings of the human being;
(c) adequate knowledge of clinical disciplines and practices, providing him with a coherent picture of
mental and physical diseases, of medicine from the points of view of prophylaxis, diagnosis and therapy and of
human reproduction;
(d) suitable clinical experience in hospitals under appropriate supervision.
In Figure 1 there are equivalent names of the medical profession (according to Directive 36/2005/CE of
the European Parliament and the Council with regards to the recognition of the professional qualifications)
Figure 1.equivalent names of the medical profession from the EU member states and Switzerland [6].
Country Qualification Title Professional Title Created
Date
België/
Belgique/
Belgien
Ministerieelerkenningsbesluit van huisarts
/Arreté ministériel d'agrément de médecin
généraliste
Huisarts/Médecin
généraliste
31 XII
1994
Ceskarepub
lika
Diplom o specializaci "vseobecnélékařstvi" Vseobecnýlékař 1 V 2004
Danmark Tilladelse til at anvende betegnelsen alment
praktiserende lge/Speciallgel i almen medicin
Almen praktiserende lge/
Speciallge i almen medicin
31 XII
1994
Deutsch-
land
Zeugnis über die spezifische Ausbil-dung in der
Allgemeinmedizin
Facharzt/Fachärztin für
Allgemeinmedizin
31 XII
1994
Eesti Diplom peremeditsiini erialal Perearst 1 V 2004
Page 7
7
THE EUROPEAN UNION GOVERNMENT ROMANIAN MINISTRY OF LABOR,
FAMILY AND SOCIAL PROTECTION AM POSDRU
THE EUROPEAN SOCIAL FUND
POS DRU 2007-2013 STRUCTURAL INSTRUMENTS
2007-2013
31 XII
1994
Espana Titulo de especialista en medicina familiar y
comunitaria
Especialista en medicina
familiar y comunitaria
31 XII
1994
France Diplôme d'Etat de docteur en médecine (avec
document annexé attestant la formation
spécifique en médecine générale)
Médecin qualifié en
médecine générale
31 XII
1994
Ireland Certificate of specific qualifications in general
medical practice
General medical
practitioner
31 XII
1994
Italia Attestato di formazione specifica in medicina
generale
Medico di medicina
generale
31 XII
1994
1 V 2004
Latvija Gimenes rsta sertifikts Gimenes (visprejs prakses)
rsts
1 V 2004
Lietuva Seimos gydytojo rezidentros pa˛ymjimas Seimos medicinos
gydytojas
1 V 2004
Luxem-
bourg
Diplôme de formation spécifique en medicine
générale
Médecin généraliste 31 XII
1994
Magyaror-
szag
Haziorvostan szakorvosa bizonyitvany Haziorvostan szakorvosa 1 V 2004
Malta natal-familja Mediina tal-familja 1 V 2004
Nederland Certificaat van inschrijving in het register van
erkende huisartsen van de Koninklijke
Nederlandsche Maatschap pij tot bevordering
der geneeskunst
Huisarts 31 XII
1994
Österreich Arzt für Allgemeinmedizin Arzt für Allgemeinmedizin 31 XII
1994
Polska Diplôme: Dyplom uzyskania tytułu specjalisty w
dziedzinie medycyny rodzinnej
Specjalista w dziedzinie
medycyny rodzinnej
1 V 2004
Portugal Diploma do internato complementar de clinica
geral
Assistente de clinica geral 31 XII
1994
Page 8
8
THE EUROPEAN UNION GOVERNMENT ROMANIAN MINISTRY OF LABOR,
FAMILY AND SOCIAL PROTECTION AM POSDRU
THE EUROPEAN SOCIAL FUND
POS DRU 2007-2013 STRUCTURAL INSTRUMENTS
2007-2013
Slovenija Potrdilo o opravljeni specializaciji iz družinske
medicine
Specialist družinske
medicine/Specialistka
družinske medicine
1 V 2004
Slovensko Diplom o specializacii v odbore "vseobecné
lekarstvo"
Vseobecný lekar 1 V 2004
Suomi/Finl
and
Todistus lääkärin perusterveydenhuol-lon
lisäkoulutuksesta/Bevis om tilläggsutbildning av
läkare i primärvrd
Yleislääkäri/Allmänläkare 31 XII
1994
Sverige Bevis om kompetens som allmänprak-tiserande
läkare (Europaläkare) utfärdat av Socialstyrelsen
Allmänpraktiserande
läkare (Europaläkare)
31 XII
1994
United
Kingdom
Certificate of prescribed/equivalent experience General medical
practitioner
31 XII
1994
The didactic curriculum for the minimum 6 years of training needs to be comprised of at least the
nominated disciplines or equivalents, graduated with the corresponding activity levels and given credits.
A. Basic Subjects, B. Medico-biological subjects and general medical subjects, C. Specific Subjects: -
Anatomy – Embryology, -Biochemistry, -Biophysics and Medical Physics, -Medical Informatics and
Biostatistics, -Cellular and Mollecular Biology, -Histology, -Physiology, -Microbiology, Virology,
Parasitology, -Medical Genetics, -Physiopathology, -Immunology, -Morphopathology, -Pharmacology and
Clinical Pharmacology, -Primary assistance of the general health state, -Internal Medicine, -Medical Semiology,
-General Surgery, -Surgical Semiology, -Internal Medicine, -Pneumology, -Labor Medicine and Professional
Disease, -Balneophysiotherapy, -Neurology, -Psychiatry, -Pediatrics, -Infant Care, -Endocrinology, -Oncology,
-Family Care, -Infectious Disease, -Dermatology, -Radiology, -General Surgery, -Plastic and Aesthetic Surgery
and Reconstructive Microsurgery, -Orthopedics, Traumatology, Pediatric Surgery and Orthopedics, Urology –
ATI + Emergency Care, -ENT, -Ophtalmology, -Cranio-Maxillo-Facial Surgery, -Obstetrics, -Gynecology, -
Clinical Biochemistry, -Hygiene, -Environmental Health, -Scientific Research Methodology, -Epidemiology, -
Forensic Medicine, -Public Healthcare and Sanitary Management, -Behavior Science, -Medical Psychology, -
Medical Sociology, -Medical Conduct, -Bioethics, -Annual Practice for gaining medical skills and
competencies, Foreign Language, Sports. The study of certain disciplines may take place incorporated in or in
conjuction with others.
A host member state may require the specialized doctors, whose specialized training in medicine based
on an integral programme was regulated by Acts with the title of Laws and administrative acts issued on June
20th 1975 and who began their specialization before the 31
st of December 1983, that their qualification titles be
accompanied by an official document that attests that fact that they dedicated themselves effectively and legally
Page 9
9
THE EUROPEAN UNION GOVERNMENT ROMANIAN MINISTRY OF LABOR,
FAMILY AND SOCIAL PROTECTION AM POSDRU
THE EUROPEAN SOCIAL FUND
POS DRU 2007-2013 STRUCTURAL INSTRUMENTS
2007-2013
to the activities in question for a timeframe of at least three consecutive years during the last five years prior to
the issuing of that document.
In Figure 2 the titles associated to the medical profession in the studied EU countries are being
presented, according to the Directive 2005/36/EC of the European Parliament and the Council with regards to
the recognition of professional qualifications.
Table 2. Titles of training courses in specialized medicine in the studied countries (according to the Directive
2005/36/ CE of the European Parliament and of the Council on the recognition of professional qualifications
Country Anaesthetics
Minimum period of training: 3 years
General surgery
Minimum period of training: 5 years
Title Title
Ceska republika Anesteziologie a resuscitace Chirurgie
Danmark Anstesiologi Kirurgi elsler kirurgiske sygdomme
Deutschland Anästhesiologie (Allgemeine) Chirurgie
Italia Anestesia e rianimazione Chirurgia generale
Österreich Anästhesiologie und Intensivmedizin Chirurgie
Portugal Anestesiologia Cirurgia geral
United Kingdom Anaesthetics General surgery
Country Neurological surgery
Minimum period of training: 5 years
Obstetrics and Gynaecology
Minimum period of training: 4 years
Title Title
Ceska republika Neurochirurgie Gynekologie a porodnictvi
Danmark Neurokirurgi eller kirurgiske nervesygdomme Gynkologi og obstetrik eller
kvindesygdomme og fødselshjælp
Deutschland Neurochirurgie Frauenheilkunde und Geburtshilfe
Espana NeurocirugiaObstetricia Obstetricia y ginecologia
France Neurochirurgie Gynécologie - obstétrique
Italia Neurochirurgia Ginecologia e ostetricia
Nederland Neurochirurgie Verloskunde en gynaecologie
Österreich Neurochirurgie Frauenheilkunde und Geburtshilfe
Portugal Neurocirurgia Ginecologia e obstetricia
United Kingdom Neurosurgery Obstetrics and gynaecology
Country General (internal) medicine
Minimum period of training: 5 years
Ophthalmology
Minimum period of training: 3 years
Title Title
Page 10
10
THE EUROPEAN UNION GOVERNMENT ROMANIAN MINISTRY OF LABOR,
FAMILY AND SOCIAL PROTECTION AM POSDRU
THE EUROPEAN SOCIAL FUND
POS DRU 2007-2013 STRUCTURAL INSTRUMENTS
2007-2013
Ceska republika Vnitřni lékařstviOftalmologie Oftalmologie
Danmark Intern medicin Oftalmologi eller jensygdomme
Deutschland Innere Medizin Augenheilkunde
Espana Medicina interna Oftalmologia
France Médecine interne Ophtalmologie
Italia Medicina interna Oftalmologia
Nederland Interne geneeskunde Oogheelkunde
Österreich Innere Medizin Augenheilkunde und Optometrie
Portugal Medicina interna Oftalmologia
United Kingdom General (internal) medicine Ophthalmology
Country Otorhinolaryngology
Minimum period of training: 3 years
Paediatrics
Minimum period of training: 4 years
Title Title
Ceska republika Otorinolaryngologie Dětské lékařstvi
Danmark Oto-rhino-laryngologi eller re-nse-
halssygdomme
Pdiatri eller sygdomme hos brn
Deutschland Hals-Nasen-Ohrenheilkunde Kinder- und Jugendmedizin
Espana OtorrinolaringologiaPedia Pediatria y sus areas especificas
France Oto-rhino-laryngologie Pédiatrie
Italia Otorinolaringoiatria Pédiatria
Malta Otorinolaringoloija Pedjatrija
Nederland Keel-, neus- en oorheelkunde Kindergeneeskunde
Österreich Hals-, Nasen- und Ohrenkrankheiten Kinder- und Jugendheilkunde
United Kingdom Otolaryngology Paediatrics
Country Respiratory medicine
Minimum period of training: 4 years
Urology
Minimum period of training: 5 years
Title Title
Ceska republika Tuberkuloza a respiračni nemoci Urologie
Danmark Medicinske lungesygdomme Urologi eller urinvejenes kirurgiske
sygdomme
Deutschland Pneumologie Urologie
Espana NeumologiaUrologia Urologia
France Pneumologie Urologie
Italia Malattie dell'apparato respiratorio Urologia
Nederland Longziekten en tuberculose Urologie
Österreich Lungenkrankheiten Urologie
Page 11
11
THE EUROPEAN UNION GOVERNMENT ROMANIAN MINISTRY OF LABOR,
FAMILY AND SOCIAL PROTECTION AM POSDRU
THE EUROPEAN SOCIAL FUND
POS DRU 2007-2013 STRUCTURAL INSTRUMENTS
2007-2013
Portugal Pneumologia Urologia
United Kingdom Respiratory medicine Urology
Country Orthopaedics
Minimum period of training: 5 years
Pathological anatomy
Minimum period of training: 4 years
Title Title
Ceska republika Ortopedie Patologicka anatomie
Danmark Ortopdisk kirurgi Patologisk anatomi eller vvs- og
celleundersgelser
Deutschland Orthopädie (und Unfallchirurgie) Pathologie
Espana Cirugia ortopédica y
traumatologiaAnatomiapatologica
Anatomia patologica
Italia Ortopedia e traumatologia Anatomia patologica
Nederland Orthopedie Pathologie
Österreich Orthopädie und Orthopädische Chirurgie Pathologie
Portugal Ortopedia Anatomia patologica
United Kingdom Trauma and orthopaedic surgery Histopathology
Country Cardiology
Minimum period of training: 4 years
Gastroenterology
Minimum period of training: 4 years
Title Title
Ceska republika Kardiologie Gastroenterologie
Danmark Kardiologi Medicinsk gastroenterologi eller medicinske
mavetarmsyg domme
Deutschland Innere Medizin und Schwerpunkt Kardiologie Innere Medizin und Schwerpunkt
Gastroenterologie
Espana Cardiologia Aparato digestivo
Italia Cardiologia Gastroenterologia
Nederland Cardiologie Leer van maag-darm-leverziekten
Österreich
Portugal Cardiologia Gastrenterologia
United Kingdom Cardiology Gastro-enterology
Country Rheumatology
Minimum period of training: 4 years
General Haematology
Minimum period of training: 3 years
Title Title
Ceska republika Revmatologie Hematologie a transfúzni lékařstvi
Danmark Reumatologi Hmatologi eller blodsygdomme
Page 12
12
THE EUROPEAN UNION GOVERNMENT ROMANIAN MINISTRY OF LABOR,
FAMILY AND SOCIAL PROTECTION AM POSDRU
THE EUROPEAN SOCIAL FUND
POS DRU 2007-2013 STRUCTURAL INSTRUMENTS
2007-2013
Deutschland Innere Medizin und Schwerpunkt
Rheumatologie
Innere Medizin und Schwerpunkt Hämatologie
und Onkologie
Espana Hematologiayhemoterapia Hematologia y hemoterapia
Italia Reumatologia Ematologia
Nederland Reumatologie
Österreich
Portugal Reumatologia Imuno-hemoterapia
United Kingdom Rheumatology Haematology
Country Endocrinology
Minimum period of training: 3 years
Physiotherapy
Minimum period of training: 3 years
Title Title
Ceska republika Endokrinologie Rehabilitačni a fyzikalni medicina
Danmark Medicinsk endokrinologi eller medicinske
hormonsyg-domme
Deutschland Innere Medizin und Schwerpunkt
Endokrinologie und Diabetologie
Physikalische und Rehabilitative Medizin
Espana Endocrinologia y nutricion Medicina fisica y rehabilitacion
Italia Endocrinologia e malattie del ricambio Medicina fisica e riabilitazione
Nederland Revalidatiegeneeskunde
Österreich Physikalische Medizin
Portugal Endocrinologia Fisiatria ou Medicina fisica e de reabilitaço
United Kingdom Endocrinology and diabetes mellitus
Country Neuropsychiatry
Minimum period of training: 5 years
Dermato-venereology
Minimum period of training: 3 years
Title Title
Ceska republika Dermatovenerologie
Danmark Dermato-venerologi eller hud- og
knssygdomme
Deutschland Nervenheilkunde (Neurologie und
Psychiatrie)
Haut- und Geschlechtskrankheiten
Espana Dermatologia médico-quirúrgica y
venereologia
France Neuropsychiatrie (**
) Dermatologie et vénéréologie
Italia Neuropsichiatria (***
) Dermatologia e venerologia
Nederland Zenuw- en zielsziekten (*****
) Dermatologie en venerologie
Österreich Neurologie und Psychiatrie Haut- und Geschlechtskrankheiten
Portugal Dermatovenereologia
Page 13
13
THE EUROPEAN UNION GOVERNMENT ROMANIAN MINISTRY OF LABOR,
FAMILY AND SOCIAL PROTECTION AM POSDRU
THE EUROPEAN SOCIAL FUND
POS DRU 2007-2013 STRUCTURAL INSTRUMENTS
2007-2013
Country Radiology
Minimum period of training: 4 years
Child psychiatry
Minimum period of training: 4 years
Title Title
Ceska republika Dětska a dorostova psychiatrie
Danmark Brne- og ungdomspsykiatri
Deutschland Radiologie Kinder- und Jugendpsychiatrie und -
psychotherapie
Espana Electrorradiologia
France Electro-radiologie (*) Pédo-psychiatrie
Italia Radiologia Neuropsichiatria infantile
Nederland Radiologie (****
)
Österreich Radiologie
Portugal Radiologia Pedopsiquiatria
United Kingdom Child and adolescent psychiatry
Country Geriatrics
Minimum period of training: 4 years
Renal diseases
Minimum period of training: 4 years
Title Title
Ceska republika Geriatrie Nefrologie
Danmark Geriatri eller alderdommens sygdomme Nefrologi eller medicinske nyresygdomme
Deutschland Innere Medizin und Schwerpunkt Nephrologie
Espana Geriatria Nefrologia
France Néphrologie
Italia Geriatria Nefrologia
Nederland Klinische geriatrie
Österreich
Portugal Nefrologia
United Kingdom Geriatrics Renal medicine
Theoretical training ensures acquiring the knowledge, understanding and professional competencies
needed to organize, give and evaluate global medical assistance. Clinical training ensures learning within a team
and in direct contact with a healthy or sick individual and/or collectivity, organizing, giving and evaluating the
necessary global medical assistance based on the gained knowledge and competencies.
The professional training must be certified by a Bachelor degree or equivalent.
In Romania, the doctors that want to practice medicine must be members of RPC, having rights and
duties according to the act 95/2006 - title XIII. It is therein specified:
Page 14
14
THE EUROPEAN UNION GOVERNMENT ROMANIAN MINISTRY OF LABOR,
FAMILY AND SOCIAL PROTECTION AM POSDRU
THE EUROPEAN SOCIAL FUND
POS DRU 2007-2013 STRUCTURAL INSTRUMENTS
2007-2013
- the medical practice can be pursued on either an employed or/and self-employed basis;
- the medical practice is pursued, according to the law, only by persons possessing an official
qualification title if:
a. they are citizens of Romania or of a Member State of EU, European Economic Area (EES) or the
Swiss Confederation (CH);
b. the spouse of a Romanian citizen as well as the direct descendants and ascendents which are
dependent on them, irrespective of their nationality;
c. family members of a citizen of one of the states provided at point b), as they are defined in art. 2
paragraph (1) point 3 of the Government Emergency Ordinance 102/2005 regarding the free movement of EU,
European Economic Area (EES) or Swiss Confederation (CH) citizens in Romania, approved with amendments
by the Law no. 260/2005, published in the Official Gazette no. 900 of October 7th 2005 for the approval of the
Government Emergency Ordinance 102/2005 regarding the free movement of EU, European Economic Area
(EES) or Swiss Confederation (CH) citizens in Romania [12]. The official title of professional qualification as a
medical doctor means possessing:
a. a medical degree, issued by a higher education institution in medical sciences, accredited in
Romania;
b. the certificate of specialist, issued by the Ministry of Health;
c. a diploma, certificate or other title in medicine, issued according to EU regulations by member states
of the EU, European Economic Area (EES) or Swiss Confederation (CH) or acquired in a third state and
recognized by one of the member states initially listed or validated by Romania.
It is important to note that the official titles of professional qualification in medicine acquired outside
Romania, the member states of EU, the European Economic Area (EES) or Switzerland (CH) are to be validated
according to the law. As an exception from the previous provisions, the titles of professional qualifications that
have been already recognized by one of these states are exempt of further validation [1, 3, 10, 24].
Due to the nature of the activity undertaken, the medical profession is part of the health sector with a
high risk of bio-contamination, benefitting of all facilities granted by the law.
While practicing the profession, the doctor must show availability, honesty, devotion and respect
towards the patient. The professional independence grants the right of initiative and decision in the practice of
medicine and implies the full responsibility of the physician. By the humanitarian and liberal nature of the
profession, the doctor cannot be considered a civil servant. In order to practice medical activities, the doctors
that are citizens of a member state of EU, the European Economic Area (EES) or Switzerland (CH), residents of
one of the above-mentioned states are exempted of the obligation to register in the
Romanian Physicians’ College (RPC) in case of temporary or occasional medical service delivery. The RPC
membership certificate is issued on the basis of the following documents: professional qualification certificate;
Page 15
15
THE EUROPEAN UNION GOVERNMENT ROMANIAN MINISTRY OF LABOR,
FAMILY AND SOCIAL PROTECTION AM POSDRU
THE EUROPEAN SOCIAL FUND
POS DRU 2007-2013 STRUCTURAL INSTRUMENTS
2007-2013
health certificate; statutory declaration of compliance with the conditions provided in articles 481 and 482 from
the act 95/2006[11]; criminal record.
The membership certificate becomes valid after taking out civil liability insurance.
Some of the provisions of the Hippocratic oath are applied to Romanian physicians settled abroad, the
physicians that are citizens of a member state of the European Union, the European Economic Area (EES) or
Switzerland (CH) settled in Romania or in one of these state or to physicians that comply with the provisions of
the article 469, letters c) and e) of the act 95/2006 that request to practice in Romania. The medical profession
can be carried out in Romania by the persons compliant with the article 469 from the act 95/2006 which:
- are citizens of a third-party state but have a permannet or long-term residence permit in Romania;
- have an official professional qualification title and are members of the RPC;
- are not in one of the incompatibility situations provided by the law;
- are medically capable of carrying out the medical profession;
- in case of temporary or occasional medical service delivery, the physicians must notify the Ministry
of Health regarding their activity, but they must be mebers of the Romanian Physicians’ College (RPC) during
this time;
- the physicians that are citizens of a member state of the European Union, the European Economic
Area (EES) or Switzerland (CH) settled in Romania have the same rights and obligations as the romanian
physicians that are memebers of the Romanian Physicians’ College (RPC)
The control and monitoring of the medical profession is done by the Ministry of Health an the
Romanian Physicians’ College (RPC) acknowledged as competent authorities in Romania. If a physician
interrupts his professional activity or is in an incompatibility situation for more than 5 years, the Ministry of
Health should certify again his professional competency.
The procedure regarding the conditions for the professional examination and certification are
determined by the National Board of the Romanian Physicians’ College (RPC), according to the Code of
ethics and the Regulations of the Romanian Physicians’ College (RPC) [9, 10, 25]. These provisions are also
valid for the physicians that are citizens of a member state of the European Union, the European Economic
Area (EES) or Switzerland (CH) settled in Romania.
The pursuit of the medical profession by a person that does not comply with the legal requirements is a
criminal offense and it is punishable according to the Criminal Code. The Romanian Physicians’ College
(RPC) is entitled to institute civil actions and apprise the competent authorities for the prosecution of the
persons that are in the above-mentioned situation.
The body of state authority in the medical field is the Ministry of Health and it has the following
responsibilities: it provides the legislative and methodological framework for the practice of the profession;
protects, promotes and supports the initiative and the professional quality of the activity; participates in the
Page 16
16
THE EUROPEAN UNION GOVERNMENT ROMANIAN MINISTRY OF LABOR,
FAMILY AND SOCIAL PROTECTION AM POSDRU
THE EUROPEAN SOCIAL FUND
POS DRU 2007-2013 STRUCTURAL INSTRUMENTS
2007-2013
organization of the specific professional and vocational training as well as in the research, development and
innovation in the medical field. Adress: Intr. Cristian Popişteanu, nr. 1-3, sector 1, cod 010024, E-mail:
[email protected] , Bucureşti. Tel.+4 021 3072 500, +4 021 3072 600.
The competenet authority for the recognition of official medical qualification titles is the
Romanian Physicians’ College (RPC) which has the following responsibilities: issues and approves the
physician certificate; prepares the continuous professional development programs; is the competent authority
for the recognition of the official professional qualification titles for the citizens of the member states of the
European Union, the European Economic Area (EES) or Switzerland (CH); issues the documents needed by
the Romanian citizens that wish to practice the profession of medicine in the member states of the European
Union, the European Economic Area (EES) or Switzerland (CH) as well as in third-party states. It also
publishes in the Official Romanian Gazette, Part I, The National List of Physicians and the professional Code
of ethics. Adress: Romanian College of Physicians Adress: Bulevardul Timişoara nr. 15, cod poştal 061303,
Sector 6, Bucureşti, România. E-mail: [email protected] . Tel.: +4021.413.88.00 Fax: +4021.413.77.50
Upon analysis of the procedures of validation and certification for the profession of doctor in
Romania, it can be stated that the standard reference terms are met for the procedures of competencies
validation and certification:
it is compulsory to present a personal file at the professional organization;
the file must have a simple and clear structure;
the content of the file can be accessed via the site of the mentioned professional organization;
an Attestation Comission having a clear structure is set by the decision of the Pesident of the
Professional organization;
a procedure is in place that allows to verify the file’s content and the applicant’s compliance to the
conditions;
the applicant is informed if additional information is to be provided;
exceptions and derogations are provided for the justified cases;
the verification of documents issued in other countries, needed for the file, is done using the IMI
system;
an exam is organized and an examination/certification committee is established
there is a clear and transparent procedure for the evaluation of the exam and the results reporting
there is the possibility to make an appeal and there is a procedure for evaluating appeals
an independent appeal commission is set, a part from the certification committee
there is a clear and transparent procedure for the re-evaluation following the appeal submitted and
for the results reporting
Page 17
17
THE EUROPEAN UNION GOVERNMENT ROMANIAN MINISTRY OF LABOR,
FAMILY AND SOCIAL PROTECTION AM POSDRU
THE EUROPEAN SOCIAL FUND
POS DRU 2007-2013 STRUCTURAL INSTRUMENTS
2007-2013
there is a register and a procedure for recording in the register;
there are procedures for monitoring the practice of the profession;
there are penalties set for the possible irregularities;
continuous professional development plans are set and periodically updated.
We believe that the procedures for the validation and certification of competencies for the medical
profession in Romania, as well as those of recognition of the professional qualification acquired in other
member states are flexible and adapted to the requirements from the Directive 2005/36/EC on the recognition of
professional qualifications.
The comparative analysis of the physician profession in Romania and in member states of the European
Union is presented in Table 3.
Table 3. The comparative analysis of the physician profession in Romania and in member states of the European
Union included in the study.
Romania Germany Austria Great Britain Holland Spain Italy Czech
Republic Denmak
There are regulated
professions in the medical
field (Yes/No)
yes yes yes yes yes yes yes yes yes
Regulated professions in
medical field Physician Physician Physician Physician Physician Physician Physician Physician Physician
Autoritatea competentă pentru
profesiile reglementate din
domeniul medic
Romanian College of
Physicians
Bureau Medicenregister
Bundesministerium für Wirtschaft,
Familie und Jugend
Medics Registration
Board
Stichting Bureau Medicen-register
Ministerul Sănătăţii
Ministry of Educațion, Univesities
and Research
Czech Chamber of
Medics
Medics Association
Activities
(exclusive or shared) of
professions in medical field
No shared activities
No shared
activities No shared activities
No shared activities
No shared
activities No shared activities
No shared activities
No shared
activities No shared activities
Competencies The universitary training for the medical services must maintain a balance between the theoretical and practical aspects of professional training and must ensure the acquirement of the following knowledge and competencies:
(a) knowledge on the factors that may influence the quality of the medical assistance;
(b) the capacity to understand the relationship between humans and medical service creation, the interaction with the social environment, the ability to understand the need to harmonize the medical creations according to the human needs and scale;
(c) the ability to understand the physician profession and its role in society, especially considering the social factors;
(d) the ability which allows him to fulfill the requirements of the medical practice while respecting the financial constraints and the regulations;
(e) adequate knowledge of the organizations, regulations and procedures which interfere in the process of medical assistance and of integration in the general planning of the medicalpractice; (f) design, coordination and execution of activities in research programs.
Working conditions Employee in state or private
medical
assistance units.
Employee in state or private medical
assistance units.
Employee in state or private medical
assistance units.
Employee in state or private
medical
assistance units.
Employee in
state or private
medical assistance units.
Employee in state or private
medical
assistance units.
Employee in state or private
medical
assistance units.
Employee in
state or private
medical assistance
units.
Employee in
state or
private medical
assistance
units.
Recognition type according to
Directive 2005/36/EC Automatic recognition
Level of qualification
according to
Directive 2005/36/EC
The basic medical training requires a total of at least six years of study on a basis of an integrated program, in a university or equivalent academic institution. This training must be proved by passing a university exam.
II. Validation/qualification procedures for the competencies applied by the
Page 18
18
THE EUROPEAN UNION GOVERNMENT ROMANIAN MINISTRY OF LABOR,
FAMILY AND SOCIAL PROTECTION AM POSDRU
THE EUROPEAN SOCIAL FUND
POS DRU 2007-2013 STRUCTURAL INSTRUMENTS
2007-2013
competenet authorities in the countries where the profession/s are regulated
2.1. Certification for medical practice in Italy
Italy implemented the Directive 2005/36/EC through the Decree law nr. 206 of 6 november 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. DL 206/2007 lays down rules according to which the citizens of the
member states of the European Union can practice on Italian territory the profession for which they are
qualified in their home state[3].
In Italy, the competent authority for certification of the competencies required to practice the doctor
profession is the Ministry of Health, www.ministerosalute.it. The practice of medical professions is permitted to
those that possess a diploma acquired in a foreign country, previously recognized by the Ministry of Health, and
who enrolled in the Professional Register. In Italy, the applicants for a medical activity must file a request to the
Ministry of Health for issueing a compliance certificate for the studies carried out abroad, consolidated with the
features provisioned by the professional directives.
For the physicians, the professional college is FNOMCeO having the address
http://portale.fnomceo.it/fnomceo/home.2puntOT. The affiliation is mandatory.
For the recognition of the medical diploma, the following documents are needed: model A1 application;
copy of a valid ID with the signature of the applicant; exemplification copy or office copy of the professional
qualification title; certificate of compliance regarding the name of the specialization and the minimum training
conditions, issued by the competent authority from the country where the diploma has been acquired; a good
standing certificate, issued by the competent authority from the country where the diploma has been acquired, to
prove that the applicant is the right owner of the diploma and that there are no limitations regarding the practice
of profession in the state of origin; declaration of value issued by the Italian diplomatic authority; a certificate
attesting the activities carried out in the state of origin after obtaining the diploma for which the recognition is
being asked (including the internships); the list of all provided documents, signed by the applicant.
In order to obtain a labor contract for the medical qualification, the applicant must go through the
following steps:
- validation and legalization of original documents (according to Haga Convention of October 5th 1961),
translation in Italian and over-legalization;
- file the necessary documents to obtain the “Declaration of Value” at the Chancellery of the Italian
Embassy in Bucharest for the recognition of the professional qualification;
- submit the file with the necessary documents to the Ministry of Healt in Italy that will issue a
recognition decision of the professional diploma;
Page 19
19
THE EUROPEAN UNION GOVERNMENT ROMANIAN MINISTRY OF LABOR,
FAMILY AND SOCIAL PROTECTION AM POSDRU
THE EUROPEAN SOCIAL FUND
POS DRU 2007-2013 STRUCTURAL INSTRUMENTS
2007-2013
- the employer takes over the applicant’s signed contract and will go through the required formalities to
obtain the work and residence permits, the official stamp from the local authority, the over-legalization of the
work contract;
- procurement of the work visa on Italian territory, delivered by the embassy;
- passing the Italian language exam, the ethics and professional standards exam at the professional
organization IPASVI.
Note: All documents written in Romanian must be translated in Italian by a certified translator of the
Ministry of Justice, legalized by a notary public and over-legalized by the Court of Appeal/Tribunal with
Apostille according to the Hague Convention of October 5th 1961. The file must be submitted to the Italian
Ministry of Health (Ministero della Salute, Direzione Generale delle Risorse Umane e delle Professioni
Sanitarie, Piazzale dell Industria 20, 00144 Roma).
NB: Some regions (Calabria, Lazio, Umbria, Campania, Liguria, Veneto, Emilia Romagna, Lombardia,
Valle d'Aosta) and the autonomous regions Trento and Bolzano process independently the
validation/certification documentation of diplomas for physicians and radiological technicians. Hence, the
applicants in these regions must file their requests using the type H application and the documents featuring in
Annex H at: http://www.ministerosalute.it/professioni/Documenti/Modello%20H%20enti.pdf ;
http://www.ministerosalute.it/professioni/Documenti/Allegato%20H.pdf. They have to go through the following
process:
a. Step by step documentation. Before the validation of the documents, the applicant must obtain
from the issuing universities an authenticity certificate for each diploma (baccalaureate degree, bachelor
degree). The necessary papers are: the diploma, academic records and the education plan from the graduated
Medical School, the pre-contract signed with a healthcare facility in Italy (hospital, clinic etc.), obtain the visa
for the diploma at the National Center for Equivalence and Recognition of Diplomas (C.N.R.E.D.) from
the Ministry of Education and Research in Bucharest: authenticity certificate (this certificate is often appended
to the syllabus), the Bachelor Degree, academic records, syllabus, pre-contract.
Centrul Naţional de Recunoaştere şi Echivalare a Diplomelor (CNRED). Adress: Str. Spiru Haret, nr.
12, Sector 1, 010176 Bucureşti. Pagină web: www.cnred.edu.ro
Important! The medical license (irrespective of the specialization) will bear the visa of the Ministry of
Health.
d. The documents legalized by the notary public must be over-legalized: the true copies and
translations.
Elaboration method of the file for the Chancellery and the order of documents within 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),
Page 20
20
THE EUROPEAN UNION GOVERNMENT ROMANIAN MINISTRY OF LABOR,
FAMILY AND SOCIAL PROTECTION AM POSDRU
THE EUROPEAN SOCIAL FUND
POS DRU 2007-2013 STRUCTURAL INSTRUMENTS
2007-2013
2. Original power of attorney for the person delegated to submit/remove files;
3. Civil-status documents (for the persons that changed their names – marriage certificate or divorce
order, original and copies) and the birth certificate
4. A copy (preferably legalized) of the document attesting that the holder of the documents has the
official residence in a foreign country („Permesso di Soggiorno” for Italy).
The training programme to become a physician, respectively to continue studies – once the diploma
granting the right of practice is obtained – runs according to the decree M.I.U.R. no. 509 from 3rd of November
1999. According to the italian law, the Romanian applicants that acquired work contracts as dentists have the
same rights and obligations as the italian citizens (Italian Act 286 of 25th of July 1998).
2.2. Certification for medical practice in Spain
The competent authority for certification of the competencies required to practice the doctor profession
is the spanish Ministry of Health (Ministerio de Salud), correlated to REAL DECRETO 1837/2008, de 8 de
noviembre, por el que se incorporan al ordenamiento jurídico español la Directiva 2005/36/EC, del
Parlamento Europeo y del Consejo, de 7 de septiembre de 2005, y la Directiva 2006/100/CE, del Consejo, de
20 de noviembre de 2006, relativas al reconocimiento de cualificaciones profesionales, así como a
determinados aspectos del ejercicio de la profesión de abogado. BOE núm. 280, 46185-46320.
The academic recognition (certification) allows the continuation of studies to a higher educational level
and is in the competency of the spanish Ministry of Health. The Royal Decree 1837/2008 provides in Annex
VIII (Annex L11a_2) the alphabetical list of professions and activities grouped according to the training level in
Spain to acquire the right of practice, correlated to the levels described in article 19 (article 11 from the
Directive 2005/36/EC on the recognition of professional qualifications [13, 15, 16].
Nomination associated to the profession of physician in Spain: Especialista en medicina familiar y
comunitaria.
Qualification title for physicians in Spain: doctor.
In order to practice the medical professions in Spain, one has to hold a diploma delivered by a
university in Spain or a EU member state, recognized by the Ministry of Education and Culture (Ministerio de
Educacion y Cultura). The professional college for physicians is Consejo General de Colegios Medicos de
España, active in 19 regional councils. Contact address: CONSEJO GENERAL DE COLEGIOS MÉDICOS,
Playade las Cortes, 11-tel.: 91 431 77 80-fax: 91 576 43 88 (Presidencia) 91 431 9620 (Secretaria)-28014
Madrid.
There is a register for doctors at the General Council in Madrid whiwh is reviewed daily. The fees
collected vary depending on the regional council where the physician will practice the profession.
For physicians from EU member states, the language exam is not required.
Page 21
21
THE EUROPEAN UNION GOVERNMENT ROMANIAN MINISTRY OF LABOR,
FAMILY AND SOCIAL PROTECTION AM POSDRU
THE EUROPEAN SOCIAL FUND
POS DRU 2007-2013 STRUCTURAL INSTRUMENTS
2007-2013
In 2012, there were 37 000 physicians that worked legally in Spain, members of the professional
organization. The distribution of doctors to the number of inhabitants was of 4/1000.
Obtaining professional recognition allows the pursuit of professional acctivities on spanish territory,
whereas the academic recognition allows the continuation of studies at a higher education level in Spain.
Every Member State shall recognise the qualification of specialised doctors awarded in Spain to doctors
who completed their specialist training before 1 January 1995, even if that training does not satisfy the
minimum training requirements provided for in Article 25, in so far as that qualification is accompanied by a
certificate issued by the competent Spanish authorities and attesting that the person concerned has passed the
examination in specific professional competence held in the context of exceptional measures concerning
recognition laid down in Royal Decree 1497/99, with a view to ascertaining that the person concerned possesses
a level of knowledge and skill comparable to that of doctors who possess a qualification as a specialised doctor
defined for Spain in Annex V, points 5.1.2 and 5.1.3.
For details regarding the difference between professional recognition and certification, visit:
http://www.eracareers.es/fecyt/guia/guia_cap07.pdf. The list of necessary documents can be found on the Site
of Ministry of Health, "documentación necesaria", at the address http://www. ministeriodesaludps.es/
profesionales/formacion/recoTitulosEuro.htm . For further information, you can contact the Ministry of Health
on the phone +34901400100 or write an e-mail [email protected] .
Necessary documents:
- application, according to the model provided on the Ministry of Health’s website
- copy of the national identity document, passport or equivalent (ID card) that proves the applicant is a
EU or EES citizen
- copy of the academic qualification;
- official and personal certificate of studies that show:
- the duration of studies, in academic years,knowledge and competencies;
- description of courses taken, providing the number of hours for theory and practice for each course.
If there are substantial differences to the formal qualifications required in the host Member State,
according to the art. 14 from the Directive on the recognition of professional qualifications 2005/36/EC of the
European Parliament and of the Council, the applicant might have to provide information [5].
- a certificate issued by the competent authority from the country of origin proving that the applicant is
a professional and that there are no limitations regarding the pursuit of the profession (Certificate of good
standing) and that he fulfills the conditions set by the above-mentioned Directive for the pursuit of the regulated
profession. This certificate is valid 3 months from the date of issue;
- a certificate issued by the competent authority from the country of origin proving that the title
awarded allows the pursuit of the profession in the country of origin and complies to the conditions set by the
Page 22
22
THE EUROPEAN UNION GOVERNMENT ROMANIAN MINISTRY OF LABOR,
FAMILY AND SOCIAL PROTECTION AM POSDRU
THE EUROPEAN SOCIAL FUND
POS DRU 2007-2013 STRUCTURAL INSTRUMENTS
2007-2013
Directive on the recognition of professional qualifications 2005/36/EC of the European Parliament and of the
Council
- a certificate referring to the competence in pursuing the profession, issued by the competent authority,
proving the pursuit of the profession on a full-time basis for two years during the previous 10 years in the
Member State that released the title only if the mentioned state does not regulate that profession (this document
is not required for the qualifications acquired in Romania where the profession is regulated).
If the professional qualification does not fully complies with the requirements in Chapter III, Title III of
the Directive 2005/36/EC of the European Parliament and of the Council, a certificate must be issued by the
competent authority which attest that its holder pursued the professional activities, effectively and legal, at least
3 consecutive years in the 5 years following the issue of the certificate.
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. Certification for medical practice in Czech Republic
The pursuit of medical practice in the Czech Republic is regulated by the article 34 from the Directive
on the recognition of professional qualifications 2005/36/EC of the European Parliament and of the Council,
respectively the Law no. 189/2008 on the amendment of the law regarding the recognition of vocational
qualifications in the Czech Republic [1, 2, 17].
The evidence of qualification acquired in the former Czechoslovakia has the same recognition as the
evidence of formal qualifications issued by the Czech Republic and Slovakia and upon the same conditions as
stated in the mentioned Directive.
Name of the profession of physician in Czech Republic: Vseobecný lékař.
Competent institutions in the certification of the professional qualification:
1. The Ministry of Education, Youth and Sports
Karmelitská 7, 118 12 Praha 1, ČESKÁ REPUBLIKA
Tel: + 420 257 193 376 / +420 257 193 579, Fax: + 420 257 193 39.
E-mail: qualifications@msmt.cz. Website: www.msmt.cz
2. The Ministry of Health (Ministerstvo zdravotnictví),
Palackého nám. 4, 128 01 Praha.
Tel.: +420 224 971 111, Fax: +420 224 972 111. Email: [email protected]
Page 23
23
THE EUROPEAN UNION GOVERNMENT ROMANIAN MINISTRY OF LABOR,
FAMILY AND SOCIAL PROTECTION AM POSDRU
THE EUROPEAN SOCIAL FUND
POS DRU 2007-2013 STRUCTURAL INSTRUMENTS
2007-2013
Conditions for the EU citizens that wish to pursue the profession in the Czech Republic: the recognition
of the professional qualification by the Ministry of Health of the Czech Republic, the knowledge of the Czech
language (language examination), residence permit, enrollment in the Czech College of Physicians (CSK).
Application method for certification in the Czech Republic:
1. Submission of a written application by either a citizen of the Czech Republic or a citizen of a
European Union, European Economic Area member state or Switzerland
2. The competent authority admits the applicant for the professional qualification exam within 6
months from the application submission date, if he fulfills the professional qualification and citizenship criteria
3. Professional training requirements:
a) University studies or equivalent in the medical field provided by or under the supervision of a
recognized university, section 3, paragraph a); the studies mùust comply with the requirements set by the points
1.2 and 1.3 from the Annex of certification in the regulated profession, section 4, sub. 2, paragraph a).
b) University studies or graduated in a comparable institution in one of the fields of study listed in
Section 5, subsection 3 or in a similar study field in the licence curriculum.
4. Required professional experience of at least three years if the applicant graduated a bachelor or
masters degree and at least five years if the applicant graduated another study programme.
5. The professional qualification exam for the assessment of knowledge and competencies required in
the pursuit of the profession, especially:
a) attesting the professional knowledge if this is not part of the official recognised qualification of the
applicant
b) attesting the knowledge related to the legal aspects when pursuing the medical practice.
6. Payment of the certification fee.
After passing the certification exam, the physician takes the oath. The enrollment in the professional
organization is mandatory.
2.4. Certification for medical practice in Austria
The pursuit of the medical practice is regulated in Austria.
The competent authority is : 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: [email protected] , URL: www.bmwa.gv.at.
The competent professional organization is Österreichische Ärztekammer, Weihburggasse 10-12, 1010
Wien, Telefon: +43 1 51406-3000. Fax: +43 1 51406-3042. E-Mail: [email protected] ., where can be
found additional information on the recognition and certification process.
The name of the professional qualification in Austria is: Arzt für Allgemeinmedizin.
Page 24
24
THE EUROPEAN UNION GOVERNMENT ROMANIAN MINISTRY OF LABOR,
FAMILY AND SOCIAL PROTECTION AM POSDRU
THE EUROPEAN SOCIAL FUND
POS DRU 2007-2013 STRUCTURAL INSTRUMENTS
2007-2013
The search for employment is mainly done by the Public Employment Service - Arbeitsmarktservice
Österreich – Bundesgeschäftsstelle (V-card), Treustr 35-43, 1200 Wien. Tel. +431331780, fax. +43133178121,
e-mail : ams.oesterreich @ams.at, or www.ams.at.
Address of the Romanian Embassy in Austria: Prinz Eugen Strasse 60, 1040 Viena; tel: +4315053227,
+4315038940, +4315038941, +4315051628; fax: +4315041462; e-mail: [email protected] ; site:
http://viena.mae.ro.
For the pursuit of the medical practice, the following conditions must be fulfilled: graduation of specific
university studies, work experience of at least three years after graduation, passing the specialty examination. It
is an oral examination and can be repeated twice. It includes themes from the following fields: Austrian laws of
administration and medical/social care, specific legal and professional rules, professional ethics.
For the residence in Austria, one must register with the competent authority from the Federal Police
Department – Bundespolizeidirektion in the cities with the Federal Police Administration; in Wien, at the
registration service – Meldeservice from the appropriate office of the municipal district Magistratisches
Bezirksamt; in smaller communities, at the offices of the local council – Gemeindeamt. To benefit the right of
residence in Austria for a period exceeding six months, it is mandatory to hold a health insurance and to attest
that the Romanian citizen has the necessary means to support himself and, possibly, his family or to attest that
he has a job, is self-employed or participates in a training course.
The responsible authority will issue a document attesting the residence right - Anmeldebescheinigung.
Concurrently, Romanian citizens may apply for an official ID with a photo - Lichtbildausweis für EWR-Bürger,
as proof of identity.
Special regulations are applied to the citizens of third-party countries that are not citizens of
EU/EES/Switzerland, but are dependent to a Romanian citizen.
Before 1998, in Austria only the professional qualification obtained in Austrian universities were
recognized (Graz, Innsbruck, Wien). After 1998, the diplomas issued in other EU member states began being
recognized. Until 2004, the physician that wanted to pursue the profession in Austria had to attest the Austrian
(or another EU member state) citizenship, to certify the formal qualification with the Austrian title of Arzt für
Allgemeinmedizin, Dr.med.univ, and to provide the current professional status certificate.
2.5. Certification for medical practice in Great Britain
The public health system in Great Britain is the NHS (National Health System) and has 1,4 million
employees. The Ministry of Health is the national authority in the field.
The competent authority for the pursuit of the medical practice in Great Britain is the General Medical
Council (GMC). Adresa: Regent’s Place 350 Euston Road London, NW1 3JN UNITED KINGDOM,
http://www.gmc-uk.org/
Page 25
25
THE EUROPEAN UNION GOVERNMENT ROMANIAN MINISTRY OF LABOR,
FAMILY AND SOCIAL PROTECTION AM POSDRU
THE EUROPEAN SOCIAL FUND
POS DRU 2007-2013 STRUCTURAL INSTRUMENTS
2007-2013
The practice of the profession in Great Britain is regulated by the article 34 from the Directive on the
recognition of professional qualifications 2005/36/EC of the European Parliament and of the Council.
The list of regulated professions in Great Britain, the competent authorities for the recognition of
professional qualifications as well as the contact details are on the website of the British Department
for Innovation, Universities and Skills – DIUS:
http://www.dfes.gov.uk/europeopen/eutouk/eutouk_search_form.shtml [20, 21].
There is the possibility of recognition as a general physician or a specialist. There is a specific registry
for each of the two categories and the enrollment is mandatory. The professionals that graduated a training
program accredited by the GMC can directly demand the enrollment in the Registry. Before finishing their
studies, they will be notified regarding the imminence of obtaining a “Certificate of Completion of Training”.
This certificate will later allow them to register.
Additional information can be found by consulting the free electronic guide “Working and training in
the National Health Service – a guide for international medical graduates thinking about working or training in
the UK “.http://www.nhsemployers.org.
The attestation and certification for the pursuit of medical practice is conditioned by the fulfillment of
the following: filling in a form; submission of an ID attesting the citizenship (passport, ID card or birth
certificate); the professional qualification title attesting the minimum required training to pursue the regulated
profession, the proof of an internship or the registration to a similar body in the country of origin; evidence of
professional experience; medical certificate; a certificate attesting the professional integrity issued by the
competent authority from the country of origin.
The physicians that wish to pursue the medical practice in Great Britain must register to the General
Medical Council (GMC). 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 Physicians).
The physicians from the European Union member states must not attest the knowledge of English
language. However, the physicians from non-EU countries must pass the IELTS examination and the
professional specific tests organized by GDC (GDC’s Overseas Registration Examination - ORE). The contact
address for GDC is www.gdc-uk.org.
The services provided by the United Kingdom Chamber of Physicians(UK NARIC) are: delivery of
Letters of Compatibility and the translation of the qualification title from the country of origin in English (Letter
Page 26
26
THE EUROPEAN UNION GOVERNMENT ROMANIAN MINISTRY OF LABOR,
FAMILY AND SOCIAL PROTECTION AM POSDRU
THE EUROPEAN SOCIAL FUND
POS DRU 2007-2013 STRUCTURAL INSTRUMENTS
2007-2013
of Comparability with Translation Waiver), respectively elaborating a Career Path Report which provides an
advice on the comparative UK education level and also recommendations for future study and/or professional
development.
For further information regarding the services, procedures, terms and fees of UK NARIC, visit
www.naric.org.uk or contact the authority by e-mail ([email protected] ) or phone (+44 (0)871 330 7033 or +
44 1242 258621).
The applicant for the pursuit of the medical practice must submit an examination request to the
competent authority, accompanied by the following documents: Curriculum Vitae, declaration of eligibility, the
professional qualification titles in original or certified copy, academic records in original or certified copy, a
copy of the ID (passport), comparative matrix part 1 (university studies with bachelor degree), comparative
matrix part 2 (university studies inmedicine), annex to the comparative matrix attesting the number of hours for
the subjects and applications (dated and signed), teaching plan / syllabus / structure of courses, examination fee,
a photo, a copy of the marriage certificate in the case of a name change, IELTS certificate.
After passing the exam, the physician must file a registration request to the UK NARIC. The application
can be made online or by mail. The application to be sent by mail can be downloaded at
http://www.arb.org.uk/Upload/40127-ARB-Form-E-UK-PR.pdf. The application must be accompanied by a
copy of the ID, the official address of the office where the profession is pursued, the attestation of necessary
qualifications and the proof of payment of the application and registration fees.
2.6. Certification for medical practice in Denmark
The pursuit of the medical practice in Denmark is regulated by the article 34 from the Directive on the
recognition of professional qualifications 2005/36/EC of the European Parliament and of the Council. The
competent authoritiy for the attestation and certification of professional qualifications is Sundhedsstyrelsen
(National Board of Health) – the Danish equivalent of the Ministry of Health. Address: Axel Heides Gade 1 |
2300 Copenhagen S, Denmark | Phone +45 72 22 74 00 | [email protected] , Danish Agency for Universities and
Internationalisation, (+45) 33 95 12 00, or write to [email protected] .
The name of the profession is: Almen praktiserende lge/Speciallge i almen medicin.
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 physicians that obtained their professional qualification in a non-EU country, the Danish test is
mandatory as well as specific tests of professional knowledge, as the case may be.
Page 27
27
THE EUROPEAN UNION GOVERNMENT ROMANIAN MINISTRY OF LABOR,
FAMILY AND SOCIAL PROTECTION AM POSDRU
THE EUROPEAN SOCIAL FUND
POS DRU 2007-2013 STRUCTURAL INSTRUMENTS
2007-2013
For the pursuit of a temporary activity for a regulated profession, it is usually required only to fill in a
statement, submitted to the competent regulation authority. More information http://fivu.dk/en/education-and-
institutions/recognition-and-transparency/regulated-professions
Physicians must be registered in Tandlægeforeningen, (Danish Medical Association).
2.7. Certification for medical practice in Holland
The pursuit of the medical practice in Holland is regulated by the article 34 from the Directive on the
recognition of professional qualifications 2005/36/EC of the European Parliament and of the Council [5, 21].
The name of the profession is “Huisarts”.
The competent authority is BIG Register, Postbus 3052, 6460 HB Kerkrade, Wijnhaven 16, 2511 GA
Den Haag, tel. 0900 – 8998225, +31 70 3406600. E-mail: info@ bigregister.nl.
The BIG Registry has particularly severe internal regulations. This is a data base of all professionals in
the healthcare. Eight specific professions of medical practice have a central official registry: dental
practitioners, physicians, psychologists, midwives, medical assistants, pharmacists, physiotherapists and
psychotherapists. The patient is being protected against the inadequate treatment provided by the medical
assistance supplier. The registry contains data for over 400 000 people, from which aprox. 70 000 are
physicians. In order to pursue the medical practice, registering to BIG is mandatory. Penalties may be applied if
the registration is missing. The registration in BIG is subject to specific conditions, depending on the country
where the professional title or other qualifications were attained[24].
Conditions for the holders of university degrees:
- have a valid qualification title;
- be able to pursue the medical practice with no restrictions
- pay the registration fee
- not have suffered of psychological disorders
In addition to the qualification titles, in order to attest and certify the right to pursue the medical
practice, the general and professional knowledge are being evaluated. Additional examinations must be passed
for: knowledge of Dutch, knowledge of read English, IT literacy, basic knowledge, the Dutch health care
system, basic medical practice and clinical knowledge.
The evaluation tests define results as “accepted” or “rejected”. The combined result of all examinations
gives a general impression on the level of knowledge and abilities. After passing the exam, the applicant is
submitted to a professional test, with a fee.
In most cases, the evaluation procedure goes on with the “counseling interview”, held with members of
the Commission for external health qualifications (CBGV). Additional information is gathered and discussions
over surveillance or training take place. The exact form depends on the results of the evaluation, as well as the
Page 28
28
THE EUROPEAN UNION GOVERNMENT ROMANIAN MINISTRY OF LABOR,
FAMILY AND SOCIAL PROTECTION AM POSDRU
THE EUROPEAN SOCIAL FUND
POS DRU 2007-2013 STRUCTURAL INSTRUMENTS
2007-2013
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 medical practice;
2. request to take additional training, as the case may be;
3. completing the entire study program for the mentioned medical specialty;
The BIG law lists the “reserved procedures”, meaning the medical interventions that may present an
unacceptable risk for the patient’s safety when performed by a non-authorized person. In this list are included
injections, lumbar puncture (spinal tap), catheterization and administering a general anesthetic. According t the
BIG law, a small number of service providers are authorized to perform this type of intervention autonomously.
There is a Dutch brochure available (Onder Voorbehoud) that explains the restrictions imposed by the BIG law
and the method by which the expertise is being assessed.
The physicians are part of the medical assistance suppliers that are entitled to perform the reserved
procedures.
Processing time of the professional documentation: BIG Registry applies strict regulations regarding the
maximum time spent for the processing of a request. In most cases, a decision is being taken in a few weeks
delay. Despite all that, the request can suffer delays in treatment if all the required information is not offered
from the beginning.
Regulation regarding professional experience, effective starting 31st of December 2014
Any student graduating after the 31st of December 2014 and wanting to pursue the medical practice in
Holland must finalize a period of professional practice during which the applicants are trained for the adequate
provision of their profession. After this three years period of professional practice under the responsibility of a
qualified member of that profession (mentor), the applicants can register to the BIG.
The BIG office has the legal duty to lay down detailed rules to determine the structure, level of training,
knowledge and the abilities one must acquire after completing the three years professional practice. The rules
shall also provide clear answers regarding the structure of this practice, the mandatory mentors' supervision and
the method to finalize the professional practice period.
An important base for the content regulation is the recommendation published by WAT group project in
March 2011 by Order of BIG Office. The Medicenregister 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 when laying down the rules for the necessary content and complementary
training.
2.8. Certification for medical practice in Germany
The pursuit of the medical practice profession (Facharzt/Fachärztin für Allgemeinmedizin) in Germany
is regulated by the article 34 from the Directive on the recognition of professional qualifications 2005/36/EC of
Page 29
29
THE EUROPEAN UNION GOVERNMENT ROMANIAN MINISTRY OF LABOR,
FAMILY AND SOCIAL PROTECTION AM POSDRU
THE EUROPEAN SOCIAL FUND
POS DRU 2007-2013 STRUCTURAL INSTRUMENTS
2007-2013
the European Parliament and of the Council. The certification for medical practice in Germany is regulated by
the Länder laws, with two exceptions: in the states Hesse and North Rhine-Westphalia, the physician title is
protectedm but the profession is not regulated [7, 21, 22].
The national competent authority is: Bundesministerium für Wirtschaft, Familie und Jugend –
Federal Ministry of Economy, Family and Youth. Address: Glinkastraße 24, 10117 Berlin, Postadresse 11018
Berlin. E-Mail info(at)bmfsfjservice.bund.de, Amtsanschluss (030) 20655 – 0, IVBB (03018) 555 – 0,
Telefax (03018) 555 – 4400.
The competent professional organization is: Bundesärztekammer, Arbeitsgemeinschaft der deutschen
Ärztekammern, Herbert-Lewin-Platz 1, 10623 Berlin, Postfach 120 864, 10598 Berlin. Tel. 030.400456388. E-
Mail: [email protected] . The competency of certification for the medical practice falls on the authority of the land,
it regulates the profession in the jurisdiction where the applicant lives.
The organization that grants the right to practice is Kassenärztliche Vereinigungen (KÄV). Acquiring
athe right to practice the professional activities is conditioned by the completion of a residential course of three
years. This condition is not applicable to the physicians coming from another EU member state. The application
form for KÄV must be accompanied by the qualification title, a conformity certificate and a current
professional status certificate delivered by the competent professional organization from the country of training.
In order to acquire the right to practice as specialised doctor, the applicant must obtain from the land's
College the recognition in virtue of the evidence of specialist medical training. Specialist medical training can
be followed at a university or a medical care establishment approved for that purpose. The evidence of specialist
medical training is awarded after the registration to the physicians' Register, managed by the Land's Physician
College.
To enroll in the professional register the following documents must be submitted: application form,
professional qualification title, examination certificate or any other relevant proof according to articles 46, 47
and 49 of the Directive 2005/36/EC of the European Parliament and of the Council, on the recognition of
professional qualifications and relevant professional practice of two years. The submission for professional
certification is under the incidence of the relevant professional chambers in Land.
The applicant may also contact the local structures of the Federal Employment Agency which provides
information regarding the possibility to work in Germany and the obligation to obtain a work permit. Address:
Regensburgerstr.104, 90478 Nurnberg. Telephone: +49-0911.179.0, Fax: +49-0911.179.21.23. E-mail:
[email protected] .
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/.
Page 30
30
THE EUROPEAN UNION GOVERNMENT ROMANIAN MINISTRY OF LABOR,
FAMILY AND SOCIAL PROTECTION AM POSDRU
THE EUROPEAN SOCIAL FUND
POS DRU 2007-2013 STRUCTURAL INSTRUMENTS
2007-2013
Although Germany does not have an official classification, starting 2002 the Center for Higher
Education Development (CHE), in cooperation with Stern Weekly Magazine publishes an annual classification
comprising a great number of institutions. The main task of the independent agency Akkreditierungsrat is the
accreditation of specific agencies who carry out the accreditation of study programmes. Among the members of
Akkreditierungsrat can be found representants of the federal states, higher education institutions, students’
Community, employers, employees and foreign partners. Only in exceptional cases can Akkreditierungsrat
accredit study programmes.
III. The processes of recognition of the qualifications attained in other
member states of the European Union
3.1. General framework of the recognition process for regulated qualifications/professions in the
European Union
In the European Union there are specific instruments that promote the transfer of qualifications and
skills for academic or professional purposes. The aim of implementing these instruments is to facilitate the right
to free movement of citizens, especially ensuring the right of individuals to pursue a professional activity or
training in a Member State.
The National Center for Equivalence and Recognition of Diplomas (CNRED Str. Spiru Haret 12, Sector
1, 010176 Bucuresti, Ilfov, e-mail: www.cnred.edu.ro) is appointed as national point of contact for professional
recognition by the article 37, index 1 of the Romanian Government Emergency Ordinance no. 109/2007. The
Romanian competent authorities mentioned in the Law no. 200/2004, amended and completed (Legea
222/2010) [5], are responsible for the professional recognition of qualifications acquired in EU Member States,
European Economic Area and the Swiss Confederation by the citizens of those states wishing to pursue a
regulated profession in Romania. CNRED is also the competent authority for professional recognition of
qualifications obtained abroad, in order to obtain the work permit issued by the Ministry of Labor, Family and
Social Protection, in accordance with the General Inspectorate for
Immigration. CNRED issues, in accordance with Law no. 200/2004, amended and completed, a certificate of
conformity of studies for non/unregulated professions in Romania, in accordance with the provisions of
Directives 2005/36/EC and 2006/100/EC.
There are two types of such instruments: a) the system of recognition of qualifications for regulated
professions and b) instruments designed to ensure skills’ and competencies’ visibility at European level:
Europass and national contact points for professional qualifications.
In each Member State there are two information points, namely the National Reference Point for
professional qualifications and ENIC-NARIC network.
Page 31
31
THE EUROPEAN UNION GOVERNMENT ROMANIAN MINISTRY OF LABOR,
FAMILY AND SOCIAL PROTECTION AM POSDRU
THE EUROPEAN SOCIAL FUND
POS DRU 2007-2013 STRUCTURAL INSTRUMENTS
2007-2013
A person who has studied in an EU member state may ask for recognition in another EU country in
order to continue their studies or to practice the profession. Qualification recognition is the responsibility of
professional recognition organizations existing in each country. There are two types of “international”
recognition:
Academic recognition, which allows the applicant to pursue or continue studies or grants the right to
use a national title or a professional degree in the host country based on the title or degree acquired in the
country of origin;
Professional recognition, referring to the evaluation methodology and procedures in order to
exercise a profession
Academic and professional recognition have different objectives and in most EU Member States they
are addressed differently, using different instruments. Each EU country has its own system of regulated
professions. Thus, a profession may be regulated in a member state, but not in another. In the country where the
profession is regulated, the applicant must follow the academic recognition procedures to pursue the profession,
while in the country where the profession is not regulated the requirements of professional recognition must be
met. There are other situations, for example in the United Kingdom, where professional qualification (for
certain professions) is acquired after completion of an additional professional training of post-graduate level
provided by authorized suppliers of vocational training. In such situations, the professional requirements are
established by national law or by professional organizations (e.g. Länder in Germany).
For the profession of physician, minimum training conditions are harmonized at European level by the
Directive 2005/36/EC on the recognition of professional qualifications, of the European Parliament and of the
Council, the profession being included in the so-called sectoral professions. The Directive 2005/36/EC on the
recognition of professional qualifications identifies two situations: persons that wish to pursue the profession
permanently and the ones that wish to practice the profession temporarily in another EU member state.
Moreover, the rules set by the Directive 2005/36/EC on the recognition of professional qualifications
are applied as follows:
1. If the applicant wishes to work or study in another EU member state - the rules laid down in
Directive 2005/36/EC of the European Parliament and of the Council on the recognition of professional
qualifications apply only to those who completed the professional training that want to pursue their profession
in another EU member state, and not to those who wish to continue their studies in another EU member state.
The latter should contact the Academic Recognition Information Centres (NARIC) for information on the
academic recognition of diplomas - http://www.enic-naric.net/.
2. Citizen’s nationality - the rules set by the Directive 2005/36/EC on the recognition of professional
qualifications apply only to the citizens of 30 countries: the 27 member states of the European Union and
Iceland, Norway and Lichtenstein. To benefit prom the provisions of the Directive 2005/36/EC on the
Page 32
32
THE EUROPEAN UNION GOVERNMENT ROMANIAN MINISTRY OF LABOR,
FAMILY AND SOCIAL PROTECTION AM POSDRU
THE EUROPEAN SOCIAL FUND
POS DRU 2007-2013 STRUCTURAL INSTRUMENTS
2007-2013
recognition of professional qualifications, the physician 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 brazilian citizen
physician which has also portuguese citizenship. The Directive also applies to citizens of other countries
(besides the 30) who are family members of a EU citizen. Example: A Brazilian physician who holds a
professional title obtained in Portugal, married to a Portuguese citizen. If the family decides to live in France,
the citizen can benefit from the recognition of the medical practice profession in France under Directive
2005/36/EC on recognition of professional qualifications.
3. The country where the title was obtained - the provisions of theDirective 2005/36/EC on the
recognition of professional qualifications apply only if the physician obtained the professional qualification in
one of the 30 states of the Directive. It is considered that the medicine professional qualification was obtained in
a member state if the applicant has obtained a certificate of completion of a degree program in medicine, with a
minimum duration provided for in the Directive, in an EU member state. It does not apply to EU citizens who
have obtained professional qualifications in another state. Example: A French citizen who qualified as a
physician in Canada and wants to pursue the profession in France - the first recognition of his qualification in an
EU member state is subject to national legislation of France.
a) Temporary provision of services in the medical practice
The physician legally residing in a Member State wishing to provide temporary physician services in
another EU member state will act under the provisions of Directive 2005/36/EC of the European Parliament and
of the Council on the recognition of professional qualifications, regarding the temporary service provision.
Rules for temporary provision of services are more flexible than those for establishment.
The conditions a physician 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 physician benefits from automatic recognition of qualification, if he holds the
qualification specified by that Member State in Annex 5 of the Directive 2005/36/EC of the European
Parliament and of the Council on the recognition of professional qualifications. This qualification must certify
the completion of minimum training conditions set by the Directive.
- Be present on the territory of the EU member state where he wishes to provide temporary professional
services.
According to the definition in the Directive 2005/36/EC of the European Parliament and of the Council
on the recognition of professional qualifications, a person is legally established if he fulfills all conditions for of
pursuing the activities concerned in a member state and if he is not prohibited from practicing, even
temporarily. The citizen may be legally established in a EU member state as employee or self-employed and not
necessarily actively practice the profession at the time of the application.
Page 33
33
THE EUROPEAN UNION GOVERNMENT ROMANIAN MINISTRY OF LABOR,
FAMILY AND SOCIAL PROTECTION AM POSDRU
THE EUROPEAN SOCIAL FUND
POS DRU 2007-2013 STRUCTURAL INSTRUMENTS
2007-2013
Example: A French physician 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 physician is not enrolled in the professional register, he is not
considered legally established.
For the first provision of temporary services in an EU member state, it may be necessary to submit a
statement by which the applicant notifies the competent authority of that state on his intention. The Directive
2005/36/EC of the European Parliament and of the Council on the recognition of professional qualifications
does not force the EU states to demand such a statement, it is an option that each state may apply within the
limits set by the Directive.
If a member state chooses to request such a declaration, it is valid for one year. After that, if the
applicant wishes to continue providing services on a temporary basis, he must submit a new declaration, valid
also one year. The declaration must be drawn up in writing, but may be sent via mail, fax, e-mail etc. It can be
sent at any time prior to providing the professional service for the first time. In some EU member states, it
should be taken into consideration that is required for up to five months to examine it.
To find the competent authority of the member state to address the declaration for temporary provision
of professional services, the physician may consult the National Contact Points:
http://ec.europa.eu/internal_market/qualifications/docs/contact-points/infopoints_en.pdf.
The statement shall include the following information: full name, contact details (address, phone
number, e-mail address, etc.), nationality, the profession for which the applicant is qualified in the EU member
state where he is legally established and the profession he wishes to pursue in the host member state. Also, the
applicant must provide information about professional liability insurance: insurance company name and
contact number. It should be equally mentioned if the applicant wishes to provide temporary
professional services on the territory of the member state for the first time or if he applies for a permit
renewal.
The host member state may not under any circumstance ask the citizen to specify in the statement the
location and/or time and/or length of the service provided on its territory or to provide an address on its
territory where they will work.
Documents that may be required with the declaration: proof of nationality, a document certifying that
the applicant is legally established in a member state and that he is not forbidden to practice the profession, not
even temporarily – a certificate from the competent authority in the member state of establishment and a copy
of the certificate of professional practice, evidence of professional qualifications, proof that he was never
convicted for any serious offences if he wishes to work in high security areas and the EU member state
requests the same for its citizens.
Page 34
34
THE EUROPEAN UNION GOVERNMENT ROMANIAN MINISTRY OF LABOR,
FAMILY AND SOCIAL PROTECTION AM POSDRU
THE EUROPEAN SOCIAL FUND
POS DRU 2007-2013 STRUCTURAL INSTRUMENTS
2007-2013
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 general doctor profession, it is not necessary to request certified translations of documents,
since the qualifications are listed with their original names in Annex V to the Directive 2005/36/EC of the
European Parliament and of the Council on the recognition of professional qualifications, and can be easily
checked by the competent authority. If the professional title held by the physician is not mentioned in Annex V
to the Directive 2005/36/EC of the European Parliament and of the Council on the recognition of professional
qualifications, the applicant does not benefit of the automatic recognition and his qualification will be
examined by the competent authority of the host member state. In this case, the competent authority may
require the following types of information about the applicant’s professional training: the total duration of the
studies, subjects and number of hours, the ratio between the activities of theoretical courses and practical
applications, experience, continuous training - courses and seminars followed to complete the studies.
The decision of the competent authority may be:
1. The competent authority may decide not to check the applicant’s professional qualification and to
grant the right to provide temporary services;
2. The competent authority may decide to check the applicant’s professional qualification and:
a) authorize him to provide service;
b) prohibit him from providing the service;
c) demand him to adopt additional measures - in this case, only after these measures are met the
applicant will be informed on the decision of the competent authority.
Compensation measures. The competent authority can require the applicant to adopt additional
measures if there are substantial differences between the professional training received by the migrant and the
one in the host country. These measures shall be adopted only if the citizen's professional experience and / or
professional training courses completed are unlikely to cover the differences in initial training. The
compensation measures may be either an aptitude test or a professional practice period.
The time period 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.
Page 35
35
THE EUROPEAN UNION GOVERNMENT ROMANIAN MINISTRY OF LABOR,
FAMILY AND SOCIAL PROTECTION AM POSDRU
THE EUROPEAN SOCIAL FUND
POS DRU 2007-2013 STRUCTURAL INSTRUMENTS
2007-2013
If the applicant meets all the conditions relating to freedom to provide services stipulated by the host
member state's national law, transposing Directive 2005/36/EC of the European Parliament and of the Council
on the recognition of professional qualifications, and the competent authority does not respond within the
prescribed period, once this period has ended he can provide the service in the host member state. The request is
considered tacitly accepted.
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 medical practice permanently in another EU member state
When a physician wants to settle in another EU member state to pursue the profession, his
qualifications will be checked more thoroughly and the formalities to comply with are more complex. To find
out the competent authority in the member state to which he must submit the file for recognition of professional
qualifications, the physician may refer to the national points of contact:
http://ec.europa.eu/internal_market/qualifications/docs/contact-points/infopoints_en.pdf.
The documents which must accompany the application are:
the proof of nationality;
evidence of professional skills certification or qualification which grants the applicant access to
practice the profession;
evidence of professional experience if the qualification is obtained in a third non-EU member state
and is already recognized in another EU member state. In this case, the competent authority of the state in
which the applicant wishes to establish may request a certificate, issued by the competent authority of the EU
member state where his qualification is already recognized, attesting that he pursued the profession for at least
three years in the respective member state;
attestation of professional integrity, moral reputation – a statement affirming that he was he was
never prohibited from practising due to grave professional misconduct or criminal offence;
medical certificate attesting the health condition allows the applicant to correctly pursue the
profession;
proof of financial situation and health insurance;
compliance certificate - issued by the member state of origin and attesting the correspondence
between the applicant's qualification and the one listed in Annex V to Direct ive 2005/36/EC of the
European Parliament and of the Council on the recognition of professional qualifications.
Page 36
36
THE EUROPEAN UNION GOVERNMENT ROMANIAN MINISTRY OF LABOR,
FAMILY AND SOCIAL PROTECTION AM POSDRU
THE EUROPEAN SOCIAL FUND
POS DRU 2007-2013 STRUCTURAL INSTRUMENTS
2007-2013
If the professional title held by the physician is not mentioned in Annex V or VI or in other specific
situations described by Directive 2005/36/EC of the European Parliament and of the Council on the
recognition of professional qualifications – an attestation must be issued by the member state of origin
regarding the effective and lawful professional practice for at least three consecutive years during the last five
years. In some cases, the document must also stipulate that the applicant is authorized to use the title of doctor
in the member state of origin before the date provided for the respective member state in Directive 2005/36/EC
of the European Parliament and of the Council on the recognition of professional qualifications. For further
information: http://ec.europa.eu/internal_market/qualifications/docs/contact-points/infopoints_en.pdf.
For the general doctor profession, it is not necessary to request certified translations of documents,
since the qualifications are listed with their original names in Annex V to the Directive 2005/36/EC of the
European Parliament and of the Council on the recognition of professional qualifications, and can be easily
checked by the competent authority.
Processing time of the application. First, the competent authority must inform the applicant within
one month of the receipt of the application and whether documents are missing. The competent authority shall
take a decision within a maximum period of three months from the receipt of the complete file, for cases
falling within the rules of automatic recognition, and within five months for cases falling under the general
rules of recognition.
Recognition gives the applicant the right to practice their profession in that EU member state like any
other citizen of the state, which has the same right. In other words, he must obey the same laws, regulations,
administrative provisions and code of practice obeyed by the citizens of the host EU member state.
Automatic recognition of medical qualification
To benefit from automatic recognition, the physician must meet the following conditions:
- to hold a qualification specified by that member state under Directive 2005/36/EC on recognition of
professional qualifications, Annex V;
- the qualification must certify a training period that meets the minimum requirements laid down in
Directive 2005/36/EC on recognition of professional qualifications. Usually, this applies if the candidate's
academic training began after the reference year included in Annex V for the concerned qualifications and EU
member states, but not before it.
Example: A Spanish physician who holds the formal qualification „titulo oficial de arquitecto” awarded
by Universidad Europea de Madrid, which began the studies at the earliest in the academic year 1998/1999
(Annex V, point 5.1.7.) can benefit from automatic recognition.
An Italian physician holding the formal qualifications and began his studies after the academic year
1999/2000, but did not obtain „diploma di abilitazione all ezercizio indiependente della professione”,
Page 37
37
THE EUROPEAN UNION GOVERNMENT ROMANIAN MINISTRY OF LABOR,
FAMILY AND SOCIAL PROTECTION AM POSDRU
THE EUROPEAN SOCIAL FUND
POS DRU 2007-2013 STRUCTURAL INSTRUMENTS
2007-2013
needed in Italy to complement the academic qualification (Annex V, point 5.1 .7.) cannot benefit from automatic
recognition.
SOLVIT is a problem solving network in which EU member states work together to solve without legal
proceedings problems caused by the misapplication of Internal Market law by public authorities. There is a
SOLVIT centre in every European Union member state that provide free of charge services. SOLVIT deals with
cross-border problems between a business or a citizen, on the one hand, and a national public authority on the
other, where there is possible misapplication of EU law. The areas for which SOLVIT receives most complaints to
be treated are: recognition of professional qualifications and diplomas; access to education; residence permits;
voting rights; social security; employment rights; driving licenses; motor vehicle registration; border controls;
market access for products; market access for services; establishment as self-employed; public procurement;
taxation; free movement of capital and payments.
There is a SOLVIT centre in every European Union member state that provide free of charge services. For
solving any complaint by SOLVIT, there are four steps:
Step 1 - accepting the case, check the legal basis, if the documents entered in the database by the home
center are not enough, additional documents are required;
Step 2 - obtaining the solution: the competent public authority is contacted regarding the case and SOLVIT
cooperates with it in order to obtain a correct solution in accordance with European legislation;
Step 3 - offering solution (implemented or not) - the solution must be real, practical and in accordance with
European legislation;
Step 4 - if the solution was not implemented at the time of the proposal, it will be monitored - a case is
resolved only when the solution is implemented and solves the customer's problem.
The member states should intensify their efforts in order to ensure that the citizens 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 authorities, by supplying quality
information, e-government instruments and procedures, and also by investing 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, [email protected]
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, [email protected]
Page 38
38
THE EUROPEAN UNION GOVERNMENT ROMANIAN MINISTRY OF LABOR,
FAMILY AND SOCIAL PROTECTION AM POSDRU
THE EUROPEAN SOCIAL FUND
POS DRU 2007-2013 STRUCTURAL INSTRUMENTS
2007-2013
SOLVIT Denmark: Danish 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,
[email protected]
SOLVIT Germany: Bundesministerium für Wirtschaft und Technologie, Scharnhorststr. 34-37, DE
-10115 Berlin, Fax. +49 3018 615 5379, [email protected]
SOLVIT Spain: SOLVIT – España, Ministerio de Asuntos Exteriores y de Cooperación, Serrano
Galvache 26, ES - 28033 Madrid, Tel. +34 91 379 9999, Fax. +34 91 394 8684, [email protected]
SOLVIT Holland: Ministerie van Economische Zaken, Landbouw en Innovatie,
Bezuidenhoutseweg 30, Postbus 20101, NL – 2500 EC, Den Haag, Tel. +31 70 379 7708, Fax. +31 70 379
7014, [email protected]
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, [email protected]
SOLVIT United Kingdom: Department for Business, Innovation and Skills, 1 Victoria Street, UK -
London SW1H 0ET, Tel. +44 20 7215 2833, Fax. +44 20 7215 2234, [email protected]
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, E-mail: [email protected] .
3.2 Recognition of the medical qualification in Italy
Italy implemented the Directive 2005/36/EC of the European Parliament and Council on 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”[3]. The profession of doctor is regulated in Italy and the competent
authority is Ministero dell'istruzione, dell'università e della ricerca. Contact details: MIUR D.G.I.R. Ufficio
III/Int. piano IV, stanza 92, P.le J.F. Kennedy 20, Roma 00144, Tel. +39-0697727639, Fax +39-0697727600, e-
mail office COST: [email protected] , e-mail coordinator: [email protected] .
Through this decree [3] 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
Page 39
39
THE EUROPEAN UNION GOVERNMENT ROMANIAN MINISTRY OF LABOR,
FAMILY AND SOCIAL PROTECTION AM POSDRU
THE EUROPEAN SOCIAL FUND
POS DRU 2007-2013 STRUCTURAL INSTRUMENTS
2007-2013
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 on 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: Dott.ssa Lucia Monaco e-mail: [email protected] , Dott.ssa Maria
Giuseppina Castellano e-mail: [email protected] , Tel.: 0039 06 677 92 548- Fax: 0039 06 6779
5064[19].
For the recognition of medical professional qualifications, the Directive 2005/36/EC of the European
Parliament and Council on 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 the Directive 2005/36/EC of the European Parliament and Council on 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[19]:
1. Copy of a valid identity document of the concerned person;
2. Authenticated copy of the specified profession qualification (also mentioning the passed exams that
are necessary to determine the potential existence of some significant differences from the national training,
stipulated in article 14 from the Directive 2005/36/EC of the European Parliament and Council on 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
Page 40
40
THE EUROPEAN UNION GOVERNMENT ROMANIAN MINISTRY OF LABOR,
FAMILY AND SOCIAL PROTECTION AM POSDRU
THE EUROPEAN SOCIAL FUND
POS DRU 2007-2013 STRUCTURAL INSTRUMENTS
2007-2013
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 case of professions regulated 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 gives access to the professional practice for the applicant, in the country of origin;
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 intership hours, issued by the unit that awarded 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 attesting the performed interships, specialization courses or other acquired diplomas.
All documents written in a foreign language must be accompanied by an italian translation,
authenticated according to the original text, issued by the italian diplomatic or consular Authority from the
country that issued the diploma, or by an authorized translator from an italian court. Photocopies are used by the
EU citizens according to DPR 445/2000 Law which 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 applicant or the empowered person,
at the diploma recognition process closure.
3.3 Recognition of the medical 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 profession in Spain is physician and the competent authority for the professional
recognition is the Ministry of Health. The professional organization for physicians is Consejo General de
Colegios Medicos de España, it operates in 19 regional councils. The contact details are: CONSEJO GENERAL
Page 41
41
THE EUROPEAN UNION GOVERNMENT ROMANIAN MINISTRY OF LABOR,
FAMILY AND SOCIAL PROTECTION AM POSDRU
THE EUROPEAN SOCIAL FUND
POS DRU 2007-2013 STRUCTURAL INSTRUMENTS
2007-2013
DE COLEGIOS MÉDICOS, Playade las Cortes, 11-tel.:91 431 77 80 - fax: 91 576 43 88 (Presidencia) 91 431
9620 (Secretaria) - 28014 Madrid.
The recognition for the profession of doctor in Spain is automatic, according to the stipulations of
the Directive 2005/36/EC of the European Parliament and Council on the recognition of professional
qualifications. However, if the applicant does not meet the minimum conditions of professional training
stipulated in the directive, or if his diploma is not found in Annex V, the member states' compensation
mechanisms are applied: aptitude test or a professional practice period, which are applicable before the title
recognition.
The file for the professional recognition must contain the following documents: the application for the
recognition of the diploma obtained in an 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
professional recognition certificate. After obtaining it, the physician has the obligation to sign up for the
professional college in the region he wishes to establish himself and has the right to practice the profession only
in that region.
The legislation regarding the professional recognition in Spain
Spain implemented the Directive 2005/36/EC of the European Parliament and Council on 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:
a. It consists of the qualifications recognition in Spain obtained by the citizens of any EU member state,
countries that are part of European Economic Area (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 access to practice a regulated profession or activity in Spain, with same effects as if they
would have obtained the corresponding Spanish qualification. The official recognition gives the applicant the
right of becoming a member of the respective professional associations and practicing the profession in those
activities that are exclusively assigned to the professional group.
b. The application must be addressed directly by the applicant to the Secretariat of the professional
association: Consejo General de Colegios Medicos de España, it operates in 19 regional councils. The contact
Page 42
42
THE EUROPEAN UNION GOVERNMENT ROMANIAN MINISTRY OF LABOR,
FAMILY AND SOCIAL PROTECTION AM POSDRU
THE EUROPEAN SOCIAL FUND
POS DRU 2007-2013 STRUCTURAL INSTRUMENTS
2007-2013
details are: Consejo General de Colegios Medicos, Playade las Cortes, 11-tel.: 91 431 77 80 - fax: 91 576 43 88
(Presidencia) 91 431 9620 (Secretaria) - 28014 Madrid.
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 country of origin).
Recognition of the medical qualification in Spain
The doctor profession is regulated in Spain. For the efficient development of their activity, the
physicians are obliged to register in 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 professional association of the applicant.
Supply of services with establishment
Step 1. The recognition of the corresponding title – are the same as the general requirements for
regulated professions
Step 2. Registering in the professional association from the region of service.
Documents: The required documents are the same for all the independent communities.
- Filled in application form;
- The original or the authenticated copy of the physician title or the certificate issued by the university
or the title recognized by the competent organization;
- Identity document or any other document attesting that the applicant is a EU member state citizen;
- Registering declaration in the taxpayers registry/registration certificate within the professional
association;
- Declaration regarding the civil responsability;
- Standard 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 statutory declaration that he was not registered as a physician in no other country from the EU,
otherwise: 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
Page 43
43
THE EUROPEAN UNION GOVERNMENT ROMANIAN MINISTRY OF LABOR,
FAMILY AND SOCIAL PROTECTION AM POSDRU
THE EUROPEAN SOCIAL FUND
POS DRU 2007-2013 STRUCTURAL INSTRUMENTS
2007-2013
recognition for persons already residing in Spain that wish to practice the profession in other autonomous region
of Spain. Documents: the required documentation is not consistent for the regional governments, but the most
frequently asked documents are: filled in 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 proving the payment of the
registration fee or the payment proof, the proof of contracting a professional responsability ensurance, copy of
the identity card.
Result: Registration number in the professional college and the documentation standards for
practicing.
Temporary supply of services in medical field
Step 1. Communication between colleges for pursuing the profession
The physician supplies a service for a limited period of time in a different area than the one in which he is
authorized in. In this case, he needs to be registered in the professional college where he usually activates.
The necessary documents are: Communication form between the professional colleges, filled in by the
home organization and the one that the doctor will move to, that describes the service that is about to be supplied.
The applicant, an EU member 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. Registering in the professional college from that region, both for spanish citizens and 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; certificate issued by the state of origin attesting the professional title and its official
translation; declaration of 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 Recognition of the medical qualification in Czech Republic
The professional qualifications recognition and the list of necessary documents are regulated in Czech
Republic through Law 18 from 2004. In Czech Republic there is an information point for the professional
qualifications recognition - The Professional Qualifications Recognition Center, with the corresponding
legislation [1,2].
Page 44
44
THE EUROPEAN UNION GOVERNMENT ROMANIAN MINISTRY OF LABOR,
FAMILY AND SOCIAL PROTECTION AM POSDRU
THE EUROPEAN SOCIAL FUND
POS DRU 2007-2013 STRUCTURAL INSTRUMENTS
2007-2013
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 on the
recognition of the professional qualifications. It coordinates the activities of the recognition authorities and
represents Czech Republic at the European Commission. The contact details of the Center are: Ministry of
Education, Youth and Sports, The Center for Professional Qualifications Recognition, 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 govern the profession in Czech Republic. The database specific to the type of profession
also contains information regarding the recognition procedure [1] and the application form for a professional
qualification recognition. For the regulated professions, the proper point of contact can be the Ministry of
Health, because it is relevant through the high number of regulated professions it manages.
As in Romania, the regulated professions are recognized only by the relevant competent authorities by
submitting an application accompanied by the necessary documents: application form in Czech, personal
identification, a document that certifies the candidate`s citizenship, the proof of the formal qualifications and
the receipt for the payment of the administrative fee.
The recognition authority examines if the application and the attached documents contain all the
required information to certify the qualifications and taking a decision. If necessary, the competent authority
will ask the applicant for additional information. After the file receipt, the qualification recognition committee
is required to take a decision in maximum 60 days, as per the stipulations from art. 24, paragraph 5 from Law
number 18 of 2004. In complex cases, the authority can overcome this deadline but, it is however obliged 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:
- the professional qualification is recognized, or
- it communicates to the applicant the compensation methods, either an adaptation period or an
aptitude test that must be sustained by the candidate, or
- the professional qualification recognition submission is rejected.
Compensation measures 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 Republic.
During the adaptation period, the candidate provides regulated services under the surveillance of a
competent professional person. The adaptation period cannot be longer than 3 years.
The aptitude test consists normally in a written and an oral examination. Usually, it 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 verifying if the
Page 45
45
THE EUROPEAN UNION GOVERNMENT ROMANIAN MINISTRY OF LABOR,
FAMILY AND SOCIAL PROTECTION AM POSDRU
THE EUROPEAN SOCIAL FUND
POS DRU 2007-2013 STRUCTURAL INSTRUMENTS
2007-2013
candidate has the necessary knowledge and competencies for practicing the profession, which were not
included in the previous training of the candidate. The decisions taken by the recognition authorities
committees can be disputed within 15 days from the announcement date.
The NARIC CZ Center (The Higher Education Center/ The Recognition of Documents on Education -
ENIC/NARIC, Udvou srpů 2024/2, 15000 Praha 5, Tel.: + 420257011335, Fax: + 420257531672, e-mail:
[email protected] , web: www.naric.cz.), network member of EU ENIC from 1997, provides information
regarding the higher education qualifications in Czech Republic and EU states, this way facilitating the
professional qualifications for the czech citizens gone to work abroad.
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. [email protected] , web: www.nuov.cz, is a
consultancy center for elementary or higher education qualifications. If required 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, in order to convince that the citizen has the necessary
competencies for practicing the regulated profession in Czech Republic. NUOV cooperates with similar
institutions from abroad.
Practice of the profession of doctor on a permanent base in Czech Republic
The application file contains: standard application form, example at:
http://www.cka.cc/cca/prilohy/form_resident_person, copies of the diplomas and professional qualifications,
document attesting the professional experience – a description of the professional practical experience,
document attesting the suitability – criminal record, document proving 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 [email protected] or [email protected] .
As a result of the recognition, the physician obtains the license/certificate, will have to pay the annual
cotization at the professional Association and will also have the same professional rights as any other czech
physician.
Temporary services provision in medical profession in Czech Republic
The documents that are attached to the notification for temporary provision of services in the medical
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 a year. The
doctor has the same rights as a certified czech doctor, except the right to vote within the General Assembly of
the professional association. Standard application form for the notification regarding the temporary services
provision in the medical field on the Czech Republic`s territory is standardized and can be found at
http://www.cka.cc/cca/prilohy/form_visiting_person.
Page 46
46
THE EUROPEAN UNION GOVERNMENT ROMANIAN MINISTRY OF LABOR,
FAMILY AND SOCIAL PROTECTION AM POSDRU
THE EUROPEAN SOCIAL FUND
POS DRU 2007-2013 STRUCTURAL INSTRUMENTS
2007-2013
3.5 Recognition of the medical qualification in Austria
The competent authority is: Bundesministerium für Wirtschaft, Familie und Jugend - the Federal
Ministry of Economy, Family and Youth. Contact details: Stubenring 1, Abteilung I/, 31010 Wien, Phone:
+43-171100, Fax: +43-17142718, Email: [email protected] , URL: www.bmwa.gv.at.
The competent professional organization is Österreichische Ärztekammer, Weihburggasse 10-12, 1010
Wien, Phone: +43 1 51406-3000. Fax: +43 1 51406-3042. E-mail: [email protected] .
Medical profession recognition for EU, EEA and Switzerland citizens
A doctor, citizen of amemeber state of EU, European Economic Area (EEA) or Switzerland, can apply
for the practicing the profession in Austria. Requirements for application: the proof of their nationality, the
attestation of the right to practice the specific profession in his state of origin, the proof of good behaviour,
financial solvability and non-violation of the professional ethics code issued by the competent authority in his
state of origin.
3.6 Recognition of the medical qualification in United Kingdom
In United Kingdom, the access to regulated professions that benefit of automatic recognition of
professional qualifications acquired in the other member states of the European Union is made according to the
stipulations of Directive 2005/36/EC of the European Parliament and the Council on the recognition of the
professional qualifications.
For having the professional qualification for doctor recognized, the citizen of an European Union
member state must submit a demand for registration to the Immigrants Registration Council.
The application can be submitted online
(https://applicants.arb.org.uk/Login.aspx?status=n&formtype=eu) or by mail at the address: UK Qualifications,
8 Weymouth Street, London, W1W 5BU, T: 020 7580 5861 F: 020 7436 5269 E: [email protected] W:
www.arb.org.uk. For the applications sent by mail, the form can downloaded from:
http://www.arb.org.uk/Upload/40127-ARB-Form-K-Euorpean-PR.pdf.
Temporary services provision in a regulated domain
For temporary services provision, it is required that the applicant normally practice their activity on
another European Union member state`s territory, to have a qualification that allows him the practice of the
regulated profession in the state of origin and not to have been forbidden the right of practice 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, an aptitude test or a short adjustment period could be necessary.
Page 47
47
THE EUROPEAN UNION GOVERNMENT ROMANIAN MINISTRY OF LABOR,
FAMILY AND SOCIAL PROTECTION AM POSDRU
THE EUROPEAN SOCIAL FUND
POS DRU 2007-2013 STRUCTURAL INSTRUMENTS
2007-2013
During the services provision, the use of the existent professional title in the United Kingdom and the
compliance with the professional regulations imposed by the competent professional authority are mandatory.
The application needs to be accompanied by a copy of the identity card, official address of the office
where he practices the profession, the proof of the qualifications – university diplomas, the declaration issued
by the competent authority from the state of origin that certifies the qualification, the nationality proof, copy of
the marriage certificate if the name was changed and the proof of registration and application fees payment.
3.7 Recognition of the medical qualification in Denmark
The competent authority for the recognition of the doctor qualification is Sundhedsstyrelsen (National
Board of Health) – the Danish equivalent for the Ministry of Health. Address: Axel Heides Gade 1 | 2300
Copenhagen S, Denmark | Phone +45 72 22 74 00 | [email protected] , Danish Agency for Universities and
Internationalisation, (+45) 33 95 12 00, or write to [email protected] . Further information can be accessed
via http://www.sst.dk/English/Education_ and_authorization /Nurse.aspx.
An authorisation or similar recognition is needed from the danish competent authority. In case of
temporary provision of service on danish teritorry, the EU, EEA citizens must submit only a declaration.
Professional recognition for 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
at Physicians Association in Denmark.
The physician 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 Recognition of the medical qualification in Holland
The Foundation for Cooperation on Vocational Education, Training and the Labor Market (S-BB) and
Holland Organization for International Cooperation in Higher Education, in Hague (NUFFIC) are two Dutch
recognition centers of qualifications acquired 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 recognition of qualifications obtained in the EFP system. All the necessary information
for the recognition of a qualification acquired outside Holland can be obtained from the website
http://www.idw.nl/start.html. If the practice of a regulated profession in Holland is wanted, the first step is
checking if the profession is framed as regulated or not on the website http://www.Professionalrecognition.nl;
if the profession is regulated, the organization with the role of competent authority that manages the recognition
process must be identified.
From the perspective of access to practice, in Holland the professions can be classified in two big
categories: regulated and unregulated professions. Regarding the unregulated professions, for the legal pursuit
Page 48
48
THE EUROPEAN UNION GOVERNMENT ROMANIAN MINISTRY OF LABOR,
FAMILY AND SOCIAL PROTECTION AM POSDRU
THE EUROPEAN SOCIAL FUND
POS DRU 2007-2013 STRUCTURAL INSTRUMENTS
2007-2013
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 applicants for higher education qualifications
recognition (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 on the professional qualifications recognition.
Qualification recognition is made in a separate department of S-BB, which is financed by the Ministry
of Education. Usually, the recognition process can last up to 4 months.
3.9 Recognition of the medical qualification in Germany
The qualification recognition for foreigners in Germany is made differently for access to education and
profession pursuit. The national competent authority is Bundesministerium für Wirtschaft, Familie und Jugend
– The Federal Ministry of Economy, Family and Youth. Address Glinkastraße 24, 10117 Berlin, Postadresse
11018 Berlin. E-Mail: [email protected] , Amtsanschluss (030) 20655 – 0, IVBB (03018) 555 – 0,
Telefax (03018) 555 – 4400.
The national coordination of professional recognition activities is governed by “The Law of
recognition”. The recognition of the doctor profession in Germany is regulated by the land legislation, through
the relevant professional chambers from the states (land). For the recognition of professional qualifications
acquired 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 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 recognition of professional qualifications (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 stipulates the
procedures and evaluation criteria for the equivalence of the foreign professional qualifications with the ones
of the German reference profession, through which the integration of qualified immigrants and foreign
workers is supported on the German labor market. Starting with 1st of April of 2012, the possibility of having
the foreign professional qualifications recognized in Germany was significantly improved.
The act approved by the Federal Government on the recognition of diplomas inserts the legal right of
having qualifications obtained abroad, evaluated in comparison with the equivalent from Germany, thus
improving the opportunities for individuals that obtained professional qualifications abroad to practice the
acquired professions in Germany. This act contains simplified and improved extensive procedures for the
Page 49
49
THE EUROPEAN UNION GOVERNMENT ROMANIAN MINISTRY OF LABOR,
FAMILY AND SOCIAL PROTECTION AM POSDRU
THE EUROPEAN SOCIAL FUND
POS DRU 2007-2013 STRUCTURAL INSTRUMENTS
2007-2013
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 the Medical Profession in the European Union
It must be emphasized that the “reserved” activities are only one aspect of market access barriers.
Examples of signifiant restrictions on the market entry are:
• rules on the duration of the applicant's practice - for example, a minimum number of years of
experience;
• restrictions on the total number of available education and training places;
• requirements to obtain certificates or licenses, such as compulsory apprenticeship or a minimum
period of work experience,
• quantitative and limitative restrictions regarding the number of the new entrants to the labor market
per year.
In its conclusions from 10 March 2011, the EU Council recognized as unjustified the requirements
which reserve the access to certain activities for service providers who hold special qualifications. All these
may be the major obstacles to the efficient functioning of the single market and the Commission's intention to
further evaluate this issue was welcomed.
Related to these mentions, however, the competent authority of the member state in which the applicant
wishes to pursue a professional activity can request:
a certificate of „conformity”: issued by the member state of origin, certifying the conformity with the
qualifications set out in the Directive 2005/36/EC of the European Parliament and Council on the recognition
of professional qualifications;
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 in the Directive 2005/36/EC on the
recognition of professional qualifications of the European Parliament and Council.
The physicians which are not the citizens of a member state of EU, European Economic Area or
Switzerland, established in one of these states but having the right to practice the profession in the resident
country, can pursue the specific profession on the Romanian territory only occasionally, on the basis of the
approval of the Ministry of Public Health and the validation issued by the Romanian Physicians’ College
(RPC). The applicants from this category will pursue medical activities exclusively in a medical unit or in a
medical education institution for teaching purposes and only during the approved timeframe.
Page 50
50
THE EUROPEAN UNION GOVERNMENT ROMANIAN MINISTRY OF LABOR,
FAMILY AND SOCIAL PROTECTION AM POSDRU
THE EUROPEAN SOCIAL FUND
POS DRU 2007-2013 STRUCTURAL INSTRUMENTS
2007-2013
Throughout the profession pursuit, the physician is committed to respect the Ethics code of the
profession of doctor detailed at http://www.oar.org.ro/upload/2012/
Codul_deontologic_al_profesiei_de_medic.doc [25].
The doctor profession is practiced in one of the member states of the European Union only by the
members of the corresponding professional organizations in Romania, example: IPASVI in Italy, NMC in
United Kingdom, SAK in Norway.
The Romanian Government, at the initiative of the Ministry of Education and Research, approved the
Law number 260/2005, for the approval of the Government Emergency Ordinance number 102/2005 regarding
the free movement on Romania`s territory for the citizens of the member states of European Union and
European Economic Area, published in Official Monitor number 900 from 7th of October 2005 [13].
The occupations corresponding to the physician qualification are regulated and stipulated in the OCR
2013 (Occupations Code from Romania), basic group 222, associated to Major group 2 – Professionals. Skill
level: 4 (higher education). Professionals increase the existing stock of knowledge, apply scientific or artistic
concepts and theories, teach about the foregoing in a systematic manner, or engage in any combination of these
activities. The professional levels differentiate: 222102 resident physician, 222103 specialist, 222108 primary
care physician.
The activity of the physician is regulated through Law number 306/2004 regarding the pursuit of the
medical practice and the appointment, organization and operation of the Romanian College of Physicians, with
the subsequent modificationsand additions [9].
In Italy, the certified applicant must enroll in the professional association in the province in which he
wants to pursue the profession and obey to the specific rules and code of ethics. In Italy there is the National
Federation of Italian Professional Physicians Colleges (FNOMCeO). 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 access to the profession of physician 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, allows the continuation of
studies, on a different educational level and is 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 access the profession, in correlation with the
levels described in Article 19 (Article 11 of Directive 2005 / 36/EC on the recognition of professional
qualifications).
Page 51
51
THE EUROPEAN UNION GOVERNMENT ROMANIAN MINISTRY OF LABOR,
FAMILY AND SOCIAL PROTECTION AM POSDRU
THE EUROPEAN SOCIAL FUND
POS DRU 2007-2013 STRUCTURAL INSTRUMENTS
2007-2013
The Spanish General Secretariat of the Ministry of Labor and Immigration has issued new clarifying
guidance regarding the SGIE/1/2012 Norm, referring to the enforcement regime 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 the 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. The
modifications of these instructions improve 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 country of origin 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 by 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.
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
Physicians to which the applicant is registered.
In the Czech Republic, after graduating the certification exam, the physician takes an oath. After the
recognition, the physician obtains the license / certificate and will have to pay an annual fee to the territorial
professional association. He will enjoy the same labor rights as any Czech physician.
In Denmark, the competent authority in certifying the doctor profession is Sundhedsstyrelsen (National
Board of Health) – the Danish equivalent for the Ministry of Health.
The professional practice takes place under the conditions of free competition and it is the subject to the
Law on Protection of Competition and Unfair Competition Law, regarding the provision of services and
determination of their remuneration.
In Holland, the doctor profession is regulated. The BIG registry works, with particularly severe internal
rules and regulations regarding the access and the practice of the medical profession. The BIG registry is a
database with information about all the health care staff. Eight specific healthcare professions have a central
official registry. 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
Page 52
52
THE EUROPEAN UNION GOVERNMENT ROMANIAN MINISTRY OF LABOR,
FAMILY AND SOCIAL PROTECTION AM POSDRU
THE EUROPEAN SOCIAL FUND
POS DRU 2007-2013 STRUCTURAL INSTRUMENTS
2007-2013
diploma or other qualifications were obtained. The refusal to subscribe into the BIG registry is being severely
sanctioned.
In Germany, the citizens of the EU member states may apply for a job and be employed only if they
have EU work permit issued by Bundesagentur fur Arbeit (Federal Employment Agency). EU citizens have the
unconditional right of residence, under the Community law. The conditions under which a work permit can be
issued, according to the provisions of Section 284 and following from the 3rd volume of Sozialgesetzbuch
(Code of Social Law), and additional provisions: Anwebestoppausnahmeverordung (Regulation on exemptions
from the prohibition of recruitment), which can be found in Circular 7, on the employment of foreign workers in
Germany, and more information can be found at: www. Arbeitagentur.de/
ServicevonAbisZ/Auslanderbeschaftigung. When a contender for the job identified an employer, he must
submit to the Agentur für Arbeit (employment agency) of the local employer to require a work permit. More
information regarding the procedure on obtaining a work permit can be found at www. Arbeitagentur.de/Service
A-Z /Vermitttlung/ Auslanderbeschaftigung Zentralstelle fur Arbeitvermittlung (Placement office) (ZAV) in
Bonn, Villemombler Strasse, 75, tel. + 49228713-0. The EURES advisers are connected to EURES network, for
information. ZAV can also be accessed at www.arbeitagentur.de/Ihre Agentur fur Arbeit/Besondere
Dienststellen /Zentralstelle fur Arbeitsvermittlung (www.arbeitagentur.de).
In the countries mentioned above, a largely self-regulatory approach is applied to regulate the
profession of medical practitioner, with an emphasis on promoting high professional standards, through the
involvement of professional organizations (which provide training and can develop codes of practice). In
addition, detailed 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 training 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 medical practitioners keep the traditional motivation in choosing this
profession: altruism, the desire to help their peers: 53% of the respondents said that they chose this profession
because of the desire to help people in distress, 28% because they like this domain and 19% to 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, the hope of a safe workplace or the possibility of an
independent professional activity. The relatively high percentage of non-responses – 18%, as well as
respondents who cited other reasons – 10% show indecision in choosing a profession, the lack of information
when choosing a profession, the exploitation of opportunities for obtaining qualifications, manipulation in
career choice.
V. Conclusions
Page 53
53
THE EUROPEAN UNION GOVERNMENT ROMANIAN MINISTRY OF LABOR,
FAMILY AND SOCIAL PROTECTION AM POSDRU
THE EUROPEAN SOCIAL FUND
POS DRU 2007-2013 STRUCTURAL INSTRUMENTS
2007-2013
The guide covers aspects of validation / certification of skills, recognition and pursuit of the medical
profession comparing EU countries, namely Austria, Czech Republic, Denmark, Germany, Italy, United
Kingdom, Holland, Spain.
Freedom of movement and the mutual recognition of professional title of physician are based on the
fundamental principle of automatic recognition of qualifications, on the basis of coordination of minimum
training conditions. Minimum training conditions for the medical profession are harmonized at European level,
making part of the sectoral professions. Toate EU member states recognize the qualification of doctor for all
citizens who meet the minimum training conditions.
Creating a guide for the certification and recognition of medical qualifications primarily aims to be a
useful tool to inform people who may be in one of the following situations:
- aims to follow a professional training program in one of the analyzed countries at the end of
which it will practice a profession;
- has appropriate qualifications and wishes to have them recognized and pursue in the analyzed
countries similar or compatible professions permanently, temporarily;
- after the recognition in one of the surveyed countries, the applicant wishes to know more on the
regulations regarding the practice of profession and continuing training obligations, conduct and professional
ethics in the field, membership in certain professional organizations, etc.
The guide also aims to support the competent authorities in Romania in their efforts to standardize the
certification and recognition processes for the regulated professions they manage by informing them about the
practices of other EU member states.
There are significant differences between EU member states on job tasks that can be performed by a
doctor on a regulated domestic market, being the reservation of activities, reservation of professional title or an
open mechanism.
If the applicant has obtained medical qualifications prior to the reference date in Annex V to Directive
on the recognition of professional qualifications 2005/36/EC, of the European Parliament and of the Council,
and the qualification does not meet the minimum required training conditions or in other specific situations
from the Directive, a certificate may be requested from the home member state on the actual and lawful pursuit
of the profession, applying appropriate compensatory measures.
Member States may require applicants attending a preparatory and / or a period of work experience,
with periodic evaluations. It highlights any codes of ethics and professional conduct, career development terms,
the organization of continue training, etc.
The creation, at European level, of professional cards by professional associations or organizations
could facilitate the mobility of professionals, in particular by speeding up the exchange of information between
the host member state and the member state of origin.
Page 54
54
THE EUROPEAN UNION GOVERNMENT ROMANIAN MINISTRY OF LABOR,
FAMILY AND SOCIAL PROTECTION AM POSDRU
THE EUROPEAN SOCIAL FUND
POS DRU 2007-2013 STRUCTURAL INSTRUMENTS
2007-2013
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,
Czech 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”, Italia.
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."
5. Law 222/2010 – for modification of annex no. 2 şi 3 to the Law no. 200/2004 on the recognition of diplomas
and professional qualifications for the regulated professions in Romania 22nd of November 2010 Official
Gazette 775/2010
6. Directive 2005/36/EC of the European Parliament and of the Council of 7 September 2005 on the
recognition of professional qualifications, published in the Official Journal of the European Union series L, nr.
255 of 30th September 2005.
7. Gesetz über die Feststellung der Gleichwertigkeit von Berufsqualifikationen;
Berufs-qualifikationsfeststellungsgesetz-BQFG) http://www.gesetze-im- internet.de/bundesrecht/
bqfg/gesamt.pdf.
8. HG number 932 from 1st of September 2010 for Methodological Norms of application of Law number
184/2001 regarding the organization and medical practitioner pursuit
9. Law nr. 306/2004 regarding the pursuit of the medical practice and the appointment, organization and
operation of the Romanian College of Physicians, with subsequent amendments and additions, published in
Official Gazette. nr. 578/30th June 2004.
10. HG nr. 1282 of 17th October 2007 approving the rules on the recognition of diplomas, certificates and titles
of doctor, physician, pharmacist, nurse and midwife, issued by a member state of the European Union, the
European Economic Area state or Switzerland. Published in the Official Gazette, Part I no. 733 of 30th October
2007.
Page 55
55
THE EUROPEAN UNION GOVERNMENT ROMANIAN MINISTRY OF LABOR,
FAMILY AND SOCIAL PROTECTION AM POSDRU
THE EUROPEAN SOCIAL FUND
POS DRU 2007-2013 STRUCTURAL INSTRUMENTS
2007-2013
11. Regulation of organization and functioning of the Romanian College of Physicians. Adopted by the General
Assembly of the Romanian College of Physicians in the meeting of 21.07.2000 and amended at the meeting on
11.05.2001.
12. Law no. 260/2005 for the approval of Government Emergency Ordinance no. 102/2005 on the free
movement of citizens of member states of the European Union and European Economic Area, published in
Official Gazette no. 900 of 7 October 2005
13. Navarro-Astor E.and Caven V. (2012) Medics 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.
280,46185-46320.
16. Real Decreto regulador de las facultades profesionales de los Decoradores. «BOE» núm. 105, de 3 de Vo de
1977, páginas 9527 a 9527 (1 pág.)
17. Law no. 189/2008 on amending the law on recognition of vocational qualifications in the Czech Republic.
18.Presidenza del Consiglio dei Ministri, DIPARTIMENTO PER L’INFORMAZIONE E L’EDITORIA -
GUIDA ALL’UTENTE, Direttiva 2005/36/ECE relativa al riconoscimento delle qualifiche professionali, 19,
19.Romulus BENA, Presentation of SOLVIT at the conference to promote IMI PQ NET Romania, 20
September, Neptune, 2012.
20.Study to provide an Inventory of Reserves of Activities linked to professional qualifications requirements in
13 EU Member States & assessing their economic impact, Final Report 2012, Centre for Strategy & Evaluation
Services, for the European Commission’s DG Internal Market and Services (DG MARKT), 2012.
21. The Medicural Profession in Europe - A Sector Study Commissioned by the Medics’ Council of Europe, 18
XII 2008
22.The Medicural Profession in Europe 2012 - A Sector Study Commissioned by the Medics’ Council of
Europe, XII 2012, http://oar-iasi.ro/wp-content/uploads/ 2013/03/Sector_Study_2012_Final_EN140213.pdf.
The new Recognition Act, Germany
23.Țigănaș Ș. , On the edge of the third study Sectoral Council of European Dentists, Zeppelin magazine, nr.
111, feb. 2012, http://www.e-zeppelin.ro/revista.php?id=239.
Page 56
56
THE EUROPEAN UNION GOVERNMENT ROMANIAN MINISTRY OF LABOR,
FAMILY AND SOCIAL PROTECTION AM POSDRU
THE EUROPEAN SOCIAL FUND
POS DRU 2007-2013 STRUCTURAL INSTRUMENTS
2007-2013
24.User guide Directive 2005/36/EC, Everything you need to know about the recognition of professional
qualifications, 66 Questions, 66 Answers.
25. Code of Medical Deontology, 30 March 2012 Romanian College of Physicians. Published in the Official
Gazette, Part I no. 298 of May 7, 2012.
26. Communication from the Commission — Notification of evidence of formal qualifications — Directive
2005/36/EC on recognition of professional qualifications (Annex V). (Text with EEA relevance). (2013/C
183/02). Official Journal of the European Union, 28 iuny, 2013.
27. Proc. of Joint EFTA/Eurostat/UNECE Seminar on „Global Assessment of National Statistical Systems. 25-
27 june, Alushta, Crimea.