Legal provisions of COM(2023)502 - Amendment of and correcting Directive 2005/36/EC as regards the recognition of professional qualifications of nurses responsible for general care trained in Romania

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dossier COM(2023)502 - Amendment of and correcting Directive 2005/36/EC as regards the recognition of professional qualifications of nurses ...
document COM(2023)502 EN
date February  7, 2024

Contents

Article 1

Directive 2005/36/EC is amended and corrected as follows:

(1)in Article 10, point (b) is replaced by the following:

‘(b)    for doctors with basic training, specialised doctors, nurses responsible for general care, dental practitioners, specialised dental practitioners, veterinary surgeons, midwives, pharmacists and architects, when the migrant does not meet the requirements of effective and lawful professional practise referred to in Articles 23, 27, 33, 33a, 37, 39, 43 and 49;’

(2)Article 33(a) is replaced by the following:

‘Article 33a

Acquired rights specific to nurses responsible for general care trained in Romania

1. As regards the Romanian qualification as nurse responsible for general care, only the provisions on acquired rights laid down in paragraphs 2 and 3 shall apply.

2. In the case of nationals of Member States who were trained as a nurse responsible for general care in Romania and whose training does not satisfy the minimum training requirements laid down in Article 31, Member States shall recognise as sufficient proof any of the following evidence of formal qualification as nurse responsible for general care, provided that that evidence is accompanied by a certificate stating that those Member State nationals have effectively and lawfully been engaged in the activities of a nurse responsible for general care in Romania, including taking full responsibility for the planning, organisation and carrying out of the nursing care of patients, for a period of at least three consecutive years during the five years prior to the date of issue of the certificate:

(a)    Certificat de competențe profesionale de asistent medical generalist with post-secondary education obtained from a școală postliceală, attesting to training started before 1 January 2007;

(b)    Diplomă de absolvire de asistent medical generalist with short-time higher education studies, attesting to training started before 1 October 2003;

(c)    Diplomă de licență de asistent medical generalist with long-time higher education studies, attesting to training started before 1 October 2003.

3. Member States shall recognise the following evidence of formal qualification as nurse responsible for general care:

(a)    the evidence of formal qualification referred to in paragraph 2, as well as the evidence of formal qualifications of post-secondary level listed under Article 4 of the Order of the Minister of National Education No 5114/2014 on the approval of the methodology for organising, conducting and completing the special upgrading programme for the initial training of nurse responsible for general care acquired prior to 1 January 2007 for graduates of post-secondary education (Official Journal of Romania No 5 of 6 January 2015), provided that such evidence is accompanied by either of the following:

(b)    the evidence of formal qualifications obtained on the basis of a special upgrading programme:

(i)    Diplomă de licenţă referred to in Article 3(2) of the Joint Order of the Minister of National Education and of the Minister of Health No 4317/943/2014 of 11 August 2014 on the approval of the special upgrading programme for the initial training of nurse responsible for general care acquired prior to 1 January 2007 for graduates of post-secondary education and higher education (Official Journal of Romania No 624 of 26 August 2014), accompanied by a diploma supplement stating that the student has completed the special upgrading programme, or

(ii)    Certificatul de revalorizare a competenţelor profesionale referred to in Article 3(1) and in Annex 3 to the Joint Order of the Minister of National Education and of the Minister of Health No 4317/943/2014 of 11 August 2014 and in Article 16 of the Order of the Minister of National Education No 5114/2014 on the approval of the methodology for organising, conducting and completing the special upgrading programme for the initial training of nurse responsible for general care acquired prior to 1 January 2007 for graduates of post-secondary education (Official Journal of Romania No 5 of 6 January 2015).’.

Article 2

1.Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by [OP, please insert date: one year after the entry into force of this Directive] at the latest. They shall forthwith communicate to the Commission the text of those provisions.

When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.

2.Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.

Article 3

This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

This Directive is addressed to the Member States.