Foreigner as a healthcare professional in the territory of Slovak Republic in the context of the Directive of the European Parliament and of the Council 2005/36/EC on the recognition of the professional qualifications © Mgr. Marián Nagy © translation Mgr. Verona Šablová Department of Health Education Health Section Ministry of Health of Slovak Republic

„Foreigner is everybody who is not national of Slovak Republic.” Paragraph 1 (2) of the Act No. 48/2002 Coll. on Residence of foreigners and on amending and supplementing certain acts

In the European System of the Mutual Recognition of Qualifications is necessary to differentiate between: foreigner as a national of the state of the European Economic Area (EEA) or Switzerland and foreigner as any person other than a national of the state of the European Economic Area (EEA) or Switzerland, accordly a national of the so-called third country In the European System of the Mutual Recognition of Qualifications is necessary to differentiate between: foreigner as a national of the state of the European Economic Area (EEA) or Switzerland and foreigner as any person other than a national of the state of the European Economic Area (EEA) or Switzerland, accordly a national of the so-called third country.

In the context of the Directive 2005/36/EC of the European Parliament and of the Council a national of the European Economic Area or Switzerland can to be performed healthcare in the territory of Slovak Republic, by one of the Member States, after achievement all legal conditions by course of the Act No. 578/2004 Coll. AS SETTLED PERSON or VISITING PERSON.

SETTLED PERSON performs health profession in accordance with the paragraph 3 (4) of the Act No. 578/2004 Coll. in employment relationship or in analogical working relationship or upon the permit to operate of the health facility or the permit issued under a special legal regulation or in accordance with the licence to practice self health profession or in accordance with the licence to practice medical examiner activities or in accordance with the trading certificate under a special legal regulation.

Following conditions must be fulfiled throughout the performance the health profession : full capacity to execute legal acts health capacity professional capacity integrity trustworthiness, if required command of the Slovak language and professional terminology in the Slovak language to the scope necessary for performance the health profession

professional capacity is demonstrated by proof of having attained the required education in the pertinent category of health professionals, possibly by the evidence on recognition of education.

Diplomas, attestetions, certificates and other documents on education or sets of such issued by foreign schools or other competent authorities in line with the legal regulations of the pertinent state shall be recognised by the Ministry of Education of the Slovak Republic. ( Documents on specialisations issued by foreign schools or other competent authorities in line with the legal regulations of the pertinent state shall be recognised by the Ministry of Health of the Slovak Republic. Certificates that are not in nature of the document on specialisation issued by foreign schools or other competent authorities in line with the legal regulations of the pertinent state shall be recognised by the Ministry of Health of the Slovak Republic.

Within the performance the health profession is for professional purpose always needed the recognition of education issued by the Ministry of Education of Slovak Republic in case of the university and secondary eduaction and by the Ministry of Health of Slovak Republic in the case of the specialized study. Entitlement to a right to use an academic title acquired outside Slovak Republic and entitlement to a right to use a professional title acquired inside Slovak Republic is also part of such recogniton of education. The recognition of education issued by university for academic purposes is not can use in the case of performance the health profession.

VISITING PERSON is a national of the Member State who is already established in the territory of the another Member State and performs health profession only unique or occasionally in the territory of the Slovak Republic. A visiting person who comes to perform the health profession at the first time in the territory of the Slovak Republic is to notify in writing the Ministry of Health immediately about performance of health profession before commencement of such an activity. A notice must contain name, surname, date of birth, place of permanent residence, place of the performance of health profession in another Member State and information about the insurance covering the liability in the event of the damage caused to persons in connection with the performance of health profession. A visiting person is under obligation to attach to the notice a document showing nationality, documentary evidence on the performance of health profession in the another Member State in line with the legal regulations of the pertinent state and documentary evidence on visiting person that at the time of notice the performance of health profession was not forbidden even temporarilly, and documents on education or sets.

If a visiting person intends to perform the health profession he/she is under obligation to update the notice within his/her first year of the last notice. The notice can be delivered personally, by post, by electronic means or by telefax. A visiting person immediately informs the Ministry of Health about the changes in data stated in the notice and in the submitted documents. The Ministry of Health handles a list of the notices.

The Ministry of Health decides about assessment of the documents by 30 days at the latest from the delivery date of notice and documents. That is not valid for documents that are not covered by assessment. If the documents will be assessed, the Ministry of Health informs visiting person about needed time for processing. The Ministry of Health can request also standpoint of Ministry of Education for an assessment of the document. The Ministry of Health consequently after assessment of the documents decides if a level of acquired knowledges and practical skills justified by documents are in accordance with the requirements laid down to obtain relevant professional capacity in the territory of Slovak Republic. An assessment decision of the documents can not be issued by the Ministry of Health later than 2 months from the date of fully notice. If this decision is not be issued by Ministry of Health within the deadline laid down, the visiting person can perform related working activities in the territory of Slovak Republic.

A visiting person is under obligation before starting any activity to inform demonstrably a person whom health care will be provided or a person for who the activity will be performed, register of Member State in which is as a healthcare professional registered under legal regulations of the Member State concerned, including registration number or equivalent identifier contained in that register, the name and address of the competent supervisory authority in which is settled and in which any activity liables to licence, details of any insurance cover the liability in the event of damage caused to persons in connection with the performance of health profession.

If the substantial diferencies are uncovered by Ministry of Health during the assessment of documents, visiting person will be allowed to perform aptitude test within deadline by 30 days from issuing of assessment decision of documents by the Ministry of Health. A visiting person is not allowed to start to perform related working activity in the territory of Slovak Republic until the aptitude test is performed. If the Ministry of Health has doubts about the activity performed by the visiting person in the territory of Slovak Republic, it may request the visiting person for an explanation at any time. If the Ministry of Health ascertains that the visiting person systematically performs a health profession in the territory of Slovak Republic, it shall provide the initiative for the Chamber to start proceedings on the issue of a license to perform indipendent medical practice or a license to perform a health profession.

A licence to work is not submitted by foreigner, if his work was not extended for seven consecutive calendar days or total 30 calendar days in calendar year. paragraph 2 (7) (a) of the Employment Services Act no. 5/2004 Coll. and on amending and supplementing certain acts A foreigner who is not a national of the state of the European Economic Area (EEA) or Switzerland, i.e. he/she is the national of the so-called third country can not perform the health profession in the territory of Slovak Republic as a visiting person. Having regard to the Title II on Free Provision of Services of the Directive no. 2005/36/EC on the recognition of professional qualifications this right appartains only to the nationals of EU Member States.

Neither Europass nor European Health Professional Card (EHPC) do not supply documents of education and/or decisions on their recognition for professional purposes in the system to provide health care in the territory of the Slovak Republic. Europass and European Health Professional Card (EHPC) is only informative in this system.

Transposition of the Directive 2005/36/EC into the Slovak Republic legal regulations in the area of the performance of the health professions Act No. 293/2007 Coll. Act No. 464/2007 Coll., amending Act No. 578/2004 Coll. Government Regulation of Slovak Republic No. 742/2004 Coll. Government Regulation of Slovak Republic No. 322/2006 Coll.