Welfare practical man
welfare practical man is to be had in Germany the protected activity designation for persons, who possess a national permission after the German welfare practical man law of 1939 for exercising the medicine without a medical license to practise medicine. The welfare practical man exercises his occupation solely responsible and ranks among the free occupations inSenses of § 18 income tax act.
In Austria the practice of the welfare art exclusively the physicians is reserved, the practice of the occupation „of the welfare practical man “as well as the training as it is in Austria by the physician law and/or. the training reservation law forbade and punishable. This regulation became already of European Court of Justice examined and as your genuine conformal confirms.
In Switzerland the official job title is in the canton Appenzell Ausserrhoden welfare practical man, in the canton Basel country nature physician, in the cantons grey federations, Thurgau, work living and St.Gallen nature welfare practical man. Contrary to Germany no invasiven interferences may be made in Switzerland.
Table of contents
the history of the welfare practical man
before II. For world war
the historical roots for the profession of the welfare practical man are appropriate in the experience medicine, attributes to the entire spectrum of the old medicine (Imhotep, Hippokrates, Galen, Hildegard of being gene, Paracelsus, Kneipp etc.) up toMedicine of the Schamanen, Druiden and medicine men.
Institutionalized medical training gave it in Europe only with the development of the physician school of Salerno in 10. /11. Century. Emperor Friedrich II. made in the year 1221 (after other sources: 1224) the existence of an examination before thatand 1241 issued medical faculty in Salerno on the condition for the permission as a physician the edict of Salerno, which separated the occupations of the physician and the pharmacist and which study, the examination and the payment of the physician regulated. In Germany there were 14 before that.Century no university training for physicians. In the year 1348 IV. became from Karl. in Prague the German university based, whatever had a medical faculty.
In 14. To century one finds in the German-speaking countries also first prohibitions of the medical activity for nichtapprobierte sound ones. 1851 became in Prussiathe courier prohibition issue, which meant that nobody, which did not possess a license to practise medicine, which was allowed to exercise medicine. To Germany in the year 1869 in north Germans the federation the general courier liberty was introduced. The remaining German countries followed up to the year 1873. The courier liberty, also non--physicians the practicethe medicine permit, in all other respects on operation of the physicians one initiated, who wanted to reach thereby a release from the courier obligation. The welfare-well-informed organized itself gradually in associations, then 1888 the association German liking CETOP Athens was created. Then establishments of association of Kneipp Heilern and Schüssler Heilern follow, outthe Kneippverein and the biochemical federation developed for those.
At the beginning 20. Century tried medical condition organizations to limit the courier liberty with a set of law requests had no success in Reichstag however. After that 1. The welfare notice/welfare practical men organized themselves world war again. 1920 became „the federation of the welfare-well-informedGermany “in Dresden based, which had its seat in meals starting from 1925. 1928 developed from it „the major unit of the welfare practical men of Germany “. 1931 had been established already 22 welfare practical man organizations, what represented large organization variety, but the occupation-political strength straight did not promote. 1933 became from the National Socialist realm Ministrythe inside the welfare practical man Ernst Heinrich as a commissioner of the welfare practical man federations assigned. In the course of National Socialist synchronising all welfare practical man federations were attached obligatorily „the welfare practical man federation of Germany “. The membership as well as the basic and advanced training were reglementiert tautly.
In August 1933 for the first time the magazine appears „the welfare practical man “as federation organ,today with „the people medicine “as organ of the FDH Federal association is established.
1934 withdrew Ernst Heinrich from its office, the successor became Ernst Kees. In „the welfare practical man “is described as follows the structure and the task of the welfare practical man federation: „In accordance with the leader principle the entire initiative goes intoWelfare practical man federation of Germany of its federal leader, party comrade Ernst Kees, out. All coworkers are therefore predominantly implementing organs of the federal leader… . The federal leader was appointed at the end of March 1934 on suggestion of the deputy of the leader by the realm Minister of the Interior. It by government and state the task was transferred,the welfare practical man federation of all useless and unreliable elements, which appeared intolerable for the new state and for whose eliminating in the interest of the public health is appropriate, to settle… . “
1936 were recognized the welfare practical man as free occupation and received the release from the value added tax. 1937 announced the realm physician leader Dr. Wagner that courier liberty and national socialism were two incompatible things, and 1938 the draft of a welfare practical man law was already provided.
To 17. February 1939 became the welfare practical man law (HPG) with its first implementation regulation (1. DVO) announces. Despite the regulation of the occupation was the welfare practical man lawfrom the beginning as becoming extinct law for the profession of the welfare practical man planned been, whereby it is to have given a secret arrangement between Nazi guidance and realm physician chamber. In the original version of the law this z becomes. B. in § 2 clearly: „Who bestallt the medicine, without as a physician tooits, so far professionally, a permission did not exercise after cannot receive § 1 in the future only in particularly justified exceptional cases. “. On the particularly justified exceptions the Nazi condition organization had to then decide. Also § the 4, which forbids the training, is interesting: „It is forbidden, training centresto furnish for persons, who want to dedicate themselves to the practice of the medicine in the sense of this law, or maintain it. “In the 1. Implementation regulation became the applicants in § 1 only one period up to the 1. April 1939 granted, in order to announce itself for granting of permission. In §2 permission apart from the well-known exclusions was not also given, „if it (the applicant) or its spouse not German or cognate blood is,… “or „if he in the possession of the civil civil rights is not “. Before the decision over the request those was in the rest ofTo listen to German welfare practical man shank.
To 12. May 1939 received „the welfare practical man federation of Germany - „German welfare practical man shank “to realm federation “the name with seat in Berlin. Of 19. - 21. May 1939 found the 1. Realm conference the German welfare practical man shank instead of. The second implementation regulation (2. DVO) to the HPG led to the locking thatAnd each further training not possibly made welfare practical man schools. 1943 took place then the prohibition of all specialized advanced training for welfare practical men.
after II. World war
1946 was used welfare practical man Carl Moser from Munich as provisional leaders the German welfare practical man shank. During in the Federal Republic of Germany the Fortgeltung of theWelfare practical man law on the basis of the Basic Law (1952 the training prohibition as unconstitutional repealed set), in the GDR the welfare practical man law was secured by the license to practise medicine order for physicians was replaced. The meant for East Germany that as welfare practical men was allowed to further only work, who before that 9.May 1945 „permission for the practice of the medicine without Bestallung had received “. New permissions were not no more given. Thus the occupation of the welfare practical man was condemned in the GDR to becoming extinct. With the collapse of the GDR 1989 there was there straight still 11 welfare practical man.
Into Berlin steppedalready with that 28. October 1945 the specialized group of German welfare practical men in the free German trade union federation (FDGB) with seat in Berlin Charlottenburg in function. At that time v. belonged to the executive committee at the colleagues and colleagues. Chrismar defiance, Przygodda, white, Gerling, Seidensticker, brook, Mueller, links and Fischer faithful field. In a letter of30. April 1946 rejects the executive committee of the specialized group it, the German welfare practical man shank (Munich) to follow and refers to the special situation in „the Soviet Okkupationszone “. The specialized group covered according to own data at the time of the establishment approx. 1,200 welfare practical men in the provinces Brandenburg, Saxonia, Thuringia,Saxonia-Anhalt and Mecklenburg.
The practice of the unionized organization of the welfare practical men in the Soviet zone became with the Heilpraktiker VO of 18. December 1946 with approval the Soviet military government (SMAD) regulated. The paragraph 1 this VO read:
§1 exp. 1. The German welfare practical man shank, the pastOccupation agency of the Hp, is dissolved. To their place the unionized organizations of the welfare practical men step into the countries and provinces.
§1 exp. 2. The supervision over the Hp leads public health authorities. It avails itself thereby one of the unionized organizations of the Hp of designated chairman.
To 14.May 1947 was created a working group of the regional organizations, „the German welfare practical man shank “, with seat in Munich. A completely new situation resulted after establishment of the Federal Republic of Germany and the associated separation of the Soviet zone of occupation at that time, the later GDR. It led to the dissolution of the original working groupthe regional organizations of the German welfare practical men in Munich. As new organization „the German welfare practical man shank registered association developed “, the today's „professional association of German welfare practical men “in April 1950 as central instance in the years 1947 to 1949 created regional organizations of the Federal Republic (FDH).
welfare practical man is not teaching profession,since there is no prescribed rule training and no federally uniform regulated examination. „Permission for the professional practice of the medicine without Bestallung is subject nevertheless to “certain conditions for permission, which are to be proven country widely by an official medical examination. The implementation instructions for these examinations vary from Land of the Federal Republic to Land of the Federal Republic, cover howeversimilar question catalogs and knowledge fields.
A condition for the permission is a minimum age of 25 years, the physical, mental and mental suitability for the occupation (medical certificate and police certificate of good conduct) as well as a main graduation and permission by responsible public health authorities. The permission becomes by onewritten and/or verbal examination acquired, which is to guarantee that from the candidate no direct danger for the general health of the population proceeds. The examination contains thus also always specific questions to disease pictures, anatomy, diagnostics and pharmacology.
The training is not legally regulated;it takes about three years in private schools. There is however no legal obligation to complete organized training. Only the necessary knowledge to the topics specified above and general therapeutic statements must be proven to the queried diseases, independently of it in the examination,as they were acquired. Without systematic heilkundliche training the examination can be existed for the professional practice of the medicine without Bestallung rather rarely. Since the quality of the training is subject however to no national supervision, fall with the examination of the beginning welfare practical men depending upon Land of the Federal Republic between 20and 80 per cent of the pro gangs through.
official medical examination
the term „examination “would be here in as much unkorrekt as there is no nationally regulated training and thus also no national test order. Public health authorities specify the criteria of the HP-Überpüfung to a large extent. It becomes thereby onlyexamined that the rehearsing and does not represent a danger for the public health, knowledge in the sense of an actual examination, like e.g. in the medical state examination, only very limited one requires.
The examination-relevant material for the full permission as welfare practical men (in contrast to „the welfare practical man Psychotherapie “) covers substantial ranges thatSchool medicine as well as practical topic areas and individual naturheilkundliche ranges. The following fields of activity are in particular the subject of the official medical examination:
- Anatomy, physiology and pathophysiology of humans
- of knowledge in the general pathology, recognition and distinction of Volkskrankheiten (particularly metabolic and heart cycle illnesses, degenerative and transferable diseases), pathology of humans, Psychopathologie
- recognition and lead-in supply of acute emergencies and life-threatening conditions
- techniques of the clinical finding collection (diagnosis, differential diagnosis, clinical investigations such as inspection, Palpation, Auskultation, Perkussion and functional tests of the organs and body systems
- interpretation of fundamental laboratory values
- injection and point ion techniques, blood acceptance
- practice hygiene, disinfection, Sterilization
- occupation and legal knowledge (including the legal obligations and restrictions)
- areas of application, borders, dangers and contraindications of diagnostic or therapeutic measures of the naturopathy
the test preparation usually takes place with the same specialized books, including the international classification (diagnostic key) of the diseases after ICD 10, howwith medical training. Contents are not as thoroughly queried however by far as with a medical state examination. The legal basis for the permission results from the welfare practical man law (HPG). The conditions, which must be given, around permission for the permission for the occupation of welfare practical man tooreceived, are in the 1. Implementation regulation to the welfare practical man law (1. DVO) regulated.
The job title „welfare practical men “, whom the welfare practical man must lead, points out the public that „a Nichtarzt “exercises medicine here. It is not expression of a qualification for certain welfare procedures. It shows only the patient thattheir carrier not the medical obligation connection is subjected and its methodical qualification is on the part of the state not supervised. This Lesart comes of still what tightened the higher administrative court North Rhine-Westphalia 1995 (file reference 13 A 4973/94) appropriate:
„Only the welfare practical man law of 1939 terminated existing the up to then and only inindividual ranges limited general courier liberty, by it for the practice of the medicine without Bestallung as a physician a general permission obligation (§ 1 exp. 1 HPG) introduced. As uniform name for the circle of acquaintances falling under this law the term was specified „welfare practical men “. A goal of the welfare practical man law was itoriginally to eliminate the profession of the welfare practical men in the long term and introduce a physician monopoly. “
fields of activity and methods
the modern occupation of welfare practical man is divided according to the revised version of the Psychotherapeutengesetzes into the generally practicing welfare practical man and 1993 imported reduced welfare practical men with permission on thatArea of the Psychotherapie.
Welfare practical men with full permission may determine physical and mental suffering and (if necessary. accomplish an own therapy also with physical treatments before or after a commitment to approbierte physicians). They turn methods of the naturopathy or other teachings that for diagnosis and therapy frequentlyso-called alternative medicine on. Use up-requiring medicines and beta exercise means may not order them.
Generally each regulation of medicines and each physical treatment (organic-somatic therapy ) are forbidden to the welfare practical man for Psychotherapie. It may work only psychotherapeutisch. Thus it was considered that many psychological advisors in practice of their activity alsocollided to the welfare definition of the welfare practical man law. This changed itself 1999 with the entry into force of the Psychotherapeutengesetzes, with which a new license to practise medicine range of the psychological Psychotherapeuten was created. This psychological Psychotherapeut is thus in the sense content the physicians to assign (he is not a welfare practical man, but i.d.R. trained diploma psychologist), which by thatLaw with a large equalization was also intended. Welfare practical men for Psychotherapie know elements of the cognitive behavior therapy or NLP, in addition, deep-psychologically founded methods to use, if they completed appropriate training.
No uniform opinion has herself regarding the activity designation for psychotherapeutisch on regional levelactive welfare practical men crystallizes out. After a view co-ordinated between the Lands of the Federal Republic there are several possibilities of the designation here:
- Practice for Psychotherapie (after the welfare practical man law)
- Psychotherapie (in accordance with. Welfare practical man law)
- welfare practical man (reduced for the range Psychotherapie)
- welfare practical man (Psychotherapie)
- Psychotherapeuti welfare practical man
all other designations are complained of by public health authorities andof the public prosecutor's office due to the offence against the HPG and/or. PsychThG pursues. This is also the case if the permission document exhibits another designation or the welfare practical men concerned with public health authorities on another designation agreed.
Generally each welfare practical man may up tothree heilkundliche procedures indicate, with which it accomplishes therapies. Both recognized naturheilkundliche or so-called can do and this. holistic procedures, in addition, freely invented designations and procedures its. Frequently welfare practical men with full permission auxiliary designations lead how:
welfare practical man with the emphasis Psychotherapiemake other offers, e.g.:
there fachkundliche methodology a component of the official medical examination is not, is each patient urgently recommended to analyze the technical training of its welfare practical man in principle thoroughly. It pays usually also the calculation for its treatment, toon partial refunding of certain welfare procedures by some GKV and a larger number of PKV. The treatment relationship regulates itself therefore also not after the GOÄ.
As well as actively to become to be allowed welfare practical men with compulsorily notifiable diseases, the dental medicine, the radiotherapy and do not corpse-lookin the birth assistance. It during the welfare practical man examination is made certain that the pro gangs are aware of the responsibility to approbierte physicians to the reference of patients, in the cases, in those it with its means to heal not sufficiently to be able and/or. may. To that extent becomesa conscious co-operation with established physicians or hospitals demanded. A co-operation between physicians, psychologists and welfare practical men is today expression of a modern patient supply. Co-operation and practice communities are therefore also possible.
Animal welfare practical men do not need permission, so that no minimum requirements must be kept here.
The welfare practical man examination consists ofa written and verbal part. The written part is a multiple choice test, it exists from 60 test questions by those 45 questions to be usually answered correctly must. If this succeeded, the verbal examination is 3 - 6 weeks after the written examination. Hereit is to be prepared very importantly for the wrongly marked questions and the questions of the last years those () the office physician (lady doctor) placed itself to look at. The company heilpraktiker fragen.de offers such a forum in that former test specimens their experiences writes down. The examination are in mostLands of the Federal Republic each 3. Wednesday in March and each 2. Wednesday in October. Public health authorities Husum and salt lattices have a special arrangement and to examine also humans those not their domicile in the responsible circle office for health to have.
a rather holistic aligned treatment pushesgenerally to their borders, where organic suffering in the foreground stand. It extends the action area of a general physician however, where the physician for reasons of the budgeting in the rule supply if necessary. for a detailed personal patient relationship and an extensive anamnesis or concerning with Psychoneuroimmunologie hardly spend timecan. A welfare practical man has rather the time to fathom the psychological causes of possibly purely psychosomatischen organ findings. That is the basis the conception one „organ dialect “(after Alfred eagle). The body develops somatic symptoms on pathologically seen completely healthy organs. It uses these symptoms as „language “in order to refer to mental states of distress. The Nichtberücksichtigung of these aspects is frequently a motive for the choice of a welfare practical man, since patients feel not always optimally umsorgt in the rule supply.
Many welfare practical men work with methods, whose medical effectiveness is disputed. Critics of this profession therefore notice thatalso some Esoteriker with the permission as a welfare practical man a founded Reputation to give oneself wants and points out that these behave thereby in their eyes irresponsibly. Such welfare practical men used, so the criticism, their permission in the area of the medicine, around actually with a pseudoscientificTo work method, about Rutengängerei, Psycho Kinesiologie, free energy, Reinkarnationstherapie, Feng Shui, bio resonance therapy, bio suppl. TIC, Reiki, Astrologie or shame anise mash.
Respectable welfare practical men dissociate themselves from such practices or point out their patients expressly that their method not that School medicine corresponds. In this connection must be referred again to the responsibility of the patient for the choice of the welfare practical man and the necessity for the information about the applied therapy methods.
the activity of the welfare practical man is based on a contract of employment with that, regulated in the BGBPatient, who is bound to a form according to §145 BGB not and can even without express agreement by conclusive acting come. The welfare practical man closes here with the patient a contract of employment in accordance with. §§ 611-630 BGB, which it for the achievement of the promised services (endeavor around healingor Linderung of an illness in mutual agreement) and the patients for the payment of a remuneration obligates.
After § 611 BGB the height of the remuneration of the free agreement between welfare practical men and patient is left. If during coming off the treatment contract about a remuneration one did not speak, then appliesafter § 612 BGB the GebüH as agrees. The fee listing for welfare practical man (GebüH, also GebüH85), published by the welfare practical man federations, gives reference values for the account with the patient for most positions. The GebüH was published 1985 and was not no more updated since that. This hasto the consequence that an account cannot be economical after GebüH for most welfare practical men any longer. In order to reach an economy, the maximum sales of the GebüH with reference in the treatment contract are exceeded or accounted for similarly after the regulation of charges for physicians (GOÄ). The GOÄ is regularly updated.Fee framework represents however no statement about it, to which extent achievements are in the long run transferred by health insurance carriers. Medical costs for welfare practical men are usually aidable with officials and otherwise by private health insurances are taken over, if the final tariff plans. For some years exists forlegally ill-insured patients the possibility of insuring over private additional insurances a reimbursement of costs from welfare practical man achievements to like that as it for artificial dentures and other special services is usual. Since beginning nearly all legal health insurances offer appropriate additional insurances, which are completed over private insurance partners to 2005. Due to the health reform of2003 may the costs of not use up-requiring medicines, of some exceptions be foreseen, generally no more by the health insurance companies not be taken over - thereby also most medicines of the Phytotherapie (plant therapy) and the Homöopathie.
The height of the usual remuneration results otherwise from the regulations of the achievement aftercheap discretion (see § 315 BGB). Importantly here it is that the grant of the remuneration (just as with all other contracts of employment and physician treatments) from one do not sound-follow is dependent. There is however for the welfare practical man the obligation to a conscientious treatment considering of its clearing-up andDuty to exercise diligence.
like the entire health sector is subject the welfare practical man to the regulations of the cure advertising law (HWG). This law applies to the advertisement with medicines and other means, procedures and treatments.
Since welfare practical men often move within medical areas, which are scientifically not recognized, concernsit the HWG in particular. § 3 for example forbids under penalty clause statements about the effect of working methods, which are not proven. Beyond that may be consulted after § 11 also no appraisals scientific in the advertisement „outside of the experts “or medical recommendations.
The welfare practical man advertisementis thus forced to a reconciliation between the patient protection of the HWG, which prevents any not directly verifiable statement, and which interest of the welfare practical man to inform about its working methods.
it gives different federations, in which the welfare practical men are organized. They represent thoseInterests the welfare practical man shank and offer advanced training seminars and service achievements. Since most federations maintain also schools, they provide beside numerous free offerers also for the training. In the year the six largest welfare practical man federations did not agree 1992 on an occupation order for welfare practical man (BOH), howeverfor all welfare practical men is obligatory, but only as association-internal right for the members validity possesses. In Germany work approx. 20,000 welfare practical men, most of it in partial time practices and only relatively few, approx. 6.000, in full time practices.
Web on the left of
- fee listing for welfare practical man
- book for practical applicationfee listing for welfare practical man
- occupation order for welfare practical man (BOH)
- prohibition of the occupation of welfare practical man in Austria - EUGH judgement
- physician and welfare practical man - a history, two ways
- the German welfare practical man federations (roof federation of the six large welfare practical man professional associations BDH, FDH, FH, FVDH, UDH and VDH)
- Heilpraktiker InfoNet - Intenetportal approximately around the occupationthe welfare practical man
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