79C3C34C52B45572883A05D425EB0F82
BAK: (Model) Professional Code for Physicians in Germany, Article 15 (2018)
https://www.bundesaerztekammer.de/fileadmin/user_upload/downloads/pdf-Ordner/MBO/MBO-AE_EN_2018.pdf
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This file was generated: 2020-12-01 05:51:42
| Indicators in focus are typically shown highlighted in yellow; |
Peer Indicators (that share the same Vulnerability association) are shown highlighted in pink; |
"Outside" Indicators (those that do NOT share the same Vulnerability association) are shown highlighted in green; |
Trigger Words/Phrases are shown highlighted in gray. |
Link to Orphaned Trigger Words (Appendix (Indicator List, Indicator Peers, Trigger Words, Type/Vulnerability/Indicator Overlay)
Applicable Type / Vulnerability / Indicator Overlay for this Input
Political / political affiliation
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p.(None): duty to maintain confidentiality, and must document this instruction in writing.
p.(None):
p.(None): (4) Physicians are authorised to disclose information to the staff of service providers, as well as
p.(None): other persons participating in professional activities, insofar as this disclosure is required to enlist the
p.(None): services of the participating persons. Physicians must ensure that the participating persons are obliged in writing to
p.(None): maintain confidentiality. This obligation to maintain confidentiality must be carried out by physicians or
p.(None): delegated to the service providers commissioned by them.
p.(None):
p.(None): (5) If several physicians examine or treat the same patient, simultaneously or consecutively, they
p.(None): are mutually released from the obligation to maintain confidentiality insofar as the patient's informed consent
p.(None): has been given or can be assumed.
p.(None):
p.(None): - 12 -
p.(None):
p.(None): Art. 10
p.(None): Obligation to Keep Medical Records
p.(None):
p.(None): (1) Physicians must keep the necessary records concerning the findings determined and action
p.(None): taken in practising their profession. These are not merely aides-mémoire for the physician, but also
p.(None): serve the interest of the patient in proper documentation.
p.(None):
p.(None): (2) Physicians must, on request, allow patients to inspect the documentation relating to them,
p.(None): provided there are no significant therapeutic reasons or significant rights of the physician or a third party to
p.(None): preclude this access. On request, the patient must be given copies of the documents in return for
p.(None): reimbursement of the costs.
p.(None):
p.(None): (3) Medical records must be retained for a period of ten years after the conclusion of treatment, unless
p.(None): statutory regulations require a longer retention period.
p.(None):
p.(None): (4) In the event of closing their practice, physicians must retain their medical records and
p.(None): examination findings in accordance with Para. 3, or ensure that they are given into suitable custody. Physicians
p.(None): given custody of medical records concerning patients in connection with the closure or transfer of a
p.(None): practice must keep these records under lock and key and may only inspect or forward them with the consent of the
p.(None): patient.
p.(None):
p.(None): (5) Records on electronic data carriers or other storage media require special back-up and
p.(None): protection measures in order to prevent their manipulation, destruction or wrongful use. Physicians must observe
p.(None): the recommendations of the Chamber of Physicians in this context.
p.(None):
p.(None):
p.(None): Art. 11
p.(None): Medical Examination and Treatment Methods
p.(None):
p.(None): (1) By undertaking to treat a patient, physicians commit themselves to their patients to
p.(None): conscientiously provide them with suitable examination and treatment methods.
p.(None):
p.(None): - 13 -
p.(None):
p.(None): (2) The mission of the medical profession forbids the use of diagnostic or therapeutic methods by
...
p.(None):
p.(None): (2) They are not permitted to recommend or refer patients to specific physicians, pharmacies, providers of
p.(None): therapeutic remedies or aids, or other providers of health-related services without sufficient grounds.
p.(None):
p.(None):
p.(None):
p.(None): Art. 32 Impermissible Donations
p.(None):
p.(None): (1) Physicians are not permitted to demand gifts or other benefits from patients or other persons for themselves
p.(None): or for third parties, or to have them promised to or accept them for themselves or third parties, if this creates the
p.(None): impression that the independence of the medical decision is influenced as a result. An influence is not
p.(None): against professional ethics if it is conducive to an economical method of treatment or
p.(None): prescription on the basis of social law and the physician retains the possibility of making an alternative
p.(None): decision on medical grounds to that which is connected with financial incentives.
p.(None):
p.(None): (2) The acceptance of benefits of reasonable value is not against professional ethics as long as
p.(None): these are utilised exclusively for continuing medical education related to the profession. The benefit
p.(None): granted for participation in a scientific continuing medical education event is unreasonable if it exceeds the
p.(None): necessary travel costs and conference fees.
p.(None):
p.(None): (3) The acceptance of third-party contributions for carrying out events (sponsorship) is
p.(None): only permissible to a reasonable extent and exclusively for financing the scientific programme of continuing
p.(None): medical education events. The extent and conditions of sponsorship are to be openly disclosed when announcing
p.(None): and holding the event.
p.(None):
p.(None): - 29 -
p.(None):
p.(None): Art. 33 5
p.(None): Donations during Contractual Cooperation
p.(None):
p.(None): Insofar as physicians render services for manufacturers of pharmaceuticals, remedies and medical aids or medical
p.(None): devices (e.g. observational studies), the remuneration intended for these services must be in keeping with the services
p.(None): rendered.
p.(None): Cooperation agreements must be concluded in writing and are to be submitted to the Chamber of Physicians.
p.(None):
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p.(None):
p.(None):
p.(None): 5 Notes and explanations on Art. 33 of the (Model) Professional Code, adopted by the competent Committees of the German
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Searching for indicator political:
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p.(None): Art. 33 Donations during Contractual Cooperation
p.(None):
p.(None): - 4 -
p.(None):
p.(None): World Medical Association
p.(None):
p.(None): Declaration of Geneva
p.(None):
p.(None): Adopted by the 2nd General Assembly of the World Medical Association, Geneva,
p.(None): Switzerland, September 1948
p.(None):
p.(None): and amended by the 22nd World Medical Assembly, Sydney, Australia, August 1968 and the 35th World Medical Assembly,
p.(None): Venice, Italy, October 1983
p.(None): and the 46th WMA General Assembly, Stockholm, Sweden, September 1994
p.(None):
p.(None): and editorially revised by the 170th WMA Council Session, Divonne-les-Bains, France,
p.(None): May 2005
p.(None):
p.(None): and the 173rd WMA Council Session, Divonne-les-Bains, France, May 2006
p.(None):
p.(None): and amended by the 68th WMA General Assembly, Chicago, United States, October 2017
p.(None):
p.(None):
p.(None):
p.(None): The Physician’s Pledge
p.(None):
p.(None): AS A MEMBER OF THE MEDICAL PROFESSION:
p.(None):
p.(None): I SOLEMNLY PLEDGE to dedicate my life to the service of humanity;
p.(None):
p.(None): THE HEALTH AND WELL-BEING OF MY PATIENT will be my first consideration; I WILL RESPECT the autonomy and dignity of my
p.(None): patient;
p.(None): I WILL MAINTAIN the utmost respect for human life;
p.(None):
p.(None): I WILL NOT PERMIT considerations of age, disease or disability, creed, ethnic origin, gender, nationality,
p.(None): political affiliation, race, sexual orientation, social standing or any other factor to intervene between my
p.(None): duty and my patient;
p.(None): I WILL RESPECT the secrets that are confided in me, even after the patient has died;
p.(None):
p.(None): I WILL PRACTISE my profession with conscience and dignity and in accordance with good medical practice;
p.(None): I WILL FOSTER the honour and noble traditions of the medical profession;
p.(None):
p.(None): - 5 -
p.(None):
p.(None): I WILL GIVE to my teachers, colleagues, and students the respect and gratitude that is their due;
p.(None): I WILL SHARE my medical knowledge for the benefit of the patient and the advancement of
p.(None): healthcare;
p.(None): I WILL ATTEND TO my own health, well-being, and abilities in order to provide care of the highest standard;
p.(None): I WILL NOT USE my medical knowledge to violate human rights and civil liberties, even under threat;
p.(None): I MAKE THESE PROMISES solemnly, freely, and upon my honour.
p.(None):
p.(None): - 6 -
p.(None):
p.(None): A. Preamble
p.(None):
p.(None): The Professional Code, adopted on the basis of the Health Professions and Chamber Regulations, embodies the
p.(None): conviction of the medical community concerning the conduct of physicians towards patients, colleagues and other
p.(None): partners in the health sector, as well as their conduct in public. For this purpose, the physicians in Germany have
p.(None): provided themselves with the following Professional Code. By defining the professional duties of
p.(None): physicians, the Professional Code simultaneously serves the aim of
p.(None):
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Health / Cognitive Impairment
Searching for indicator impaired:
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p.(None): Physicians must support the dying while preserving their dignity and respecting their wishes. They are forbidden to
p.(None): kill patients upon their request. They may not perform assisted suicide.
p.(None):
p.(None):
p.(None): IV. Professional Conduct
p.(None):
p.(None): 1. Professional Practice
p.(None):
p.(None):
p.(None):
p.(None): 3 Recommendations regarding the application of Art. 3 Para. 7 of the (Model) Professional Code as amended by the 98th
p.(None): German Medical Assembly (now Art. 15) - Confidentiality and Medical Research - were adopted by the Executive Board of
p.(None): the German Medical Association at its meeting on 8 March 1991.
p.(None):
p.(None): - 16 -
p.(None):
p.(None): Art. 17
p.(None): Establishment and Running of a Practice
p.(None):
p.(None): (1) The exercise of ambulatory physician's activities outside hospitals, including licensed private clinics,
p.(None): is dependent on the establishment of a practice (registered practice office), unless otherwise
p.(None): permitted by statutory regulations.
p.(None):
p.(None): (2) Physicians are permitted to engage in medical activity at two further locations, above and beyond the
p.(None): registered practice office. Physicians must make arrangements to ensure correct care of their patients at every
p.(None): location of their activities.
p.(None):
p.(None): (3) The peripatetic exercise of ambulatory medical activity is contrary to the professional code of
p.(None): conduct. For the purpose of outreach medical healthcare, the Chamber of Physicians can, at the request of the
p.(None): physician, allow exceptions to the obligation in Para. 1 if it is ensured that professional concerns are
p.(None): not impaired and the Professional Code is observed.
p.(None):
p.(None): (4) The registered practice office must be identified by a practice nameplate. On this practice nameplate
p.(None): physicians must indicate
p.(None): - The name,
p.(None): - The (specialist) medical qualification,
p.(None): - The consulting hours, and
p.(None): - If applicable, membership of an association for practice of the profession
p.(None): (Berufsausübungsgemeinschaft) pursuant to Art. 18 a.
p.(None): Physicians who are not directly engaged in active patient-related practice can dispense with indicating their
p.(None): registered practice office by a practice nameplate if they report this to the Chamber of Physicians.
p.(None):
p.(None): (5) Physicians must notify the Chamber of Physicians without delay of the place and time of commencing
p.(None): activities at the registered practice office, as well as of the commencement of other activities and any changes.
p.(None):
p.(None): - 17 -
p.(None):
p.(None):
p.(None):
p.(None): Art. 18 Professional Collaboration
p.(None):
p.(None): (1) Physicians may unite to form associations for practice of the profession
p.(None): (Berufsausübungsgemeinschaften), organisational associations (Kooperationsgemeinschaften),
p.(None): cooperative associations and practice networks. Unions for joint practice of the medical
p.(None): profession can be established in order to render specific services, insofar as they are not intended to
p.(None): circumvent Art. 31. In particular, circumvention is present where the profit is for no reason distributed in a way
p.(None): that does not correspond to the part of the services rendered personally. Ordering a service, particularly in the
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Health / Drug Usage
Searching for indicator drug:
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p.(None):
p.(None):
p.(None):
p.(None):
p.(None): *) English translation - the official, authorised version of this document is the German original.
p.(None):
p.(None): **) The "Professional Code" reproduced here is the (Model) Professional Code, as adopted by the 100th German Medical
p.(None): Assembly and amended by the 103rd German Medical Assembly, the 105th German Medical Assembly, the 106th German Medical
p.(None): Assembly, the 107th German Medical Assembly, the 114th German Medical Assembly, the 118th German Medical Assembly and
p.(None): the 121st German Medical Assembly. It also incorporates the Resolution of the Executive Board of the German Medical
p.(None): Association from 14/12/2018 amending Art. 9(3), Art. 9(4) and Art. 12(2). The Professional Code becomes legally
p.(None): effective when adopted as into the statutes by the General Assemblies of the chambers of physicians and approved by the
p.(None): supervisory authorities.
p.(None):
p.(None): - 2 -
p.(None):
p.(None):
p.(None):
p.(None): Contents
p.(None):
p.(None): A. Preamble
p.(None):
p.(None): B. Rules for Professional Practice
p.(None):
p.(None): I. Principles
p.(None):
p.(None): Art. 1 Tasks of Physicians
p.(None): Art. 2 General Medical Professional Duties Art. 3 Incompatibilities
p.(None): Art. 4 Continuing Medical Education Art. 5 Quality Assurance
p.(None): Art. 6 Reporting of Adverse Drug Reactions (unerwünschte Arzneimittelwirkungen)
p.(None):
p.(None):
p.(None): II. Duties Towards Patients
p.(None):
p.(None): Art. 7 Treatment Principles and Rules of Conduct Art. 8 Obligation to Provide Information
p.(None): Art. 9 Confidentiality
p.(None): Art. 10 Obligation to Keep Medical Records
p.(None): Art. 11 Medical Examination and Treatment Methods Art. 12 Fee and Remuneration Agreements
p.(None):
p.(None):
p.(None): III. Special Medical Procedures and Research
p.(None):
p.(None): Art. 13 Special Medical Procedures
p.(None): Art. 14 Preservation of Unborn Life and Termination of Pregnancy Art. 15 Research
p.(None): Art. 16 Support for the Dying
p.(None):
p.(None):
p.(None): IV. Professional Conduct
p.(None):
p.(None): 1. Professional Practice
p.(None):
p.(None): Art. 17 Establishment and Running of a Practice Art. 18 Professional Collaboration
p.(None): Art. 18 a Announcement of Associations for Practice of the Profession (Berufsausübungsgemeinschaften) and Other
p.(None): Forms of Cooperation
p.(None): Art. 19 Employment of Salaried Physicians in Practices Art. 20 Deputising
p.(None): Art. 21 Liability Insurance Art. 22 Repealed
p.(None): Art. 23 Employed Physicians Art. 23 a Medical Firms
p.(None):
p.(None): - 3 -
p.(None):
p.(None): Art. 23 b Medical Cooperative Associations (Kooperationsgemeinschaften) of Physicians and Members of Other
p.(None): Specialist Professions
p.(None): Art. 23 c Participation of Physicians in Other Partnerships Art. 23 d Practice Network
p.(None): Art. 24 Contracts Relating to Medical Activity Art. 25 Medical Opinions and References Art. 26
p.(None): Medical Emergency Service
p.(None):
p.(None): 2. Professional Communication
...
p.(None): commercial purposes. They may equally not permit use to be made of their name, or of the professional reputation of
p.(None): physicians, in such a way.
p.(None):
p.(None): (2) In connection with the practice of their medical activity, physicians are forbidden to supply
p.(None): goods and other items, or be involved in having them supplied, to render commercial services, or have
p.(None): them rendered, insofar as the supply of the product or the rendering of the service is not a necessary part of
p.(None): medical therapy due to its special characteristics.
p.(None):
p.(None):
p.(None): Art. 4
p.(None): Continuing Medical Education
p.(None):
p.(None): (1) Physicians who practise their profession are obliged to engage in continuing medical education to the
p.(None): extent necessary to maintain and develop the competence required in practising their profession.
p.(None):
p.(None): (2) On request, physicians must furnish proof of their continuing medical education according
p.(None): to Para. 1 to the Chamber of Physicians in the form of a Continuing Medical Education Certificate from a Chamber of
p.(None): Physicians.
p.(None):
p.(None):
p.(None): Art. 5 Quality Assurance
p.(None):
p.(None): Physicians are obliged to take part in the measures introduced by the Chamber of Physicians to assure the quality
p.(None): of medical activity, and to provide the Chamber of Physicians with the information necessary for this purpose.
p.(None):
p.(None): - 9 -
p.(None):
p.(None): Art. 6
p.(None): Reporting of Adverse Drug Reactions (unerwünschte Arzneimittelwirkungen)
p.(None):
p.(None): Physicians are obliged to report unintended drug reactions (unerwünschte Arzneimittelwirkungen) coming
p.(None): to their attention in the context of their therapeutic activity to the Drug Commission of the German
p.(None): Medical Profession (Specialist Committee of the German Medical Association) and incidents relating to the use of
p.(None): medical devices to the relevant competent authority.
p.(None):
p.(None):
p.(None): II. Duties Towards Patients
p.(None):
p.(None): Art. 7
p.(None): Treatment Principles and Rules of Conduct
p.(None):
p.(None): (1) Any and all medical treatment must be provided in such a way that human dignity is preserved and
p.(None): the patient's personality, will and rights are respected, particularly the right of self-determination. The
p.(None): patient’s right to refuse recommended examination and treatment measures is to be respected.
p.(None):
p.(None): (2) Physicians respect the right of their patients to select or change their physician freely. On
p.(None): the other hand, physicians are also free to refuse treatment - except in emergencies or in the event of special
p.(None): legal obligations. The attending physician should generally not refuse the reasonable request of the patient to consult
p.(None): a further physician or to be referred to another physician.
p.(None):
p.(None): (3) Physicians must cooperate with other physicians and members of (allied) health professions in the
p.(None): best interests of the patient. Insofar as necessary for diagnosis and treatment, they must promptly consult with other
p.(None): physicians or refer the patient to them for continuation of treatment.
p.(None):
p.(None): (4) Physicians provide medical consultation and treatment to patients through direct, personal contact.
...
Searching for indicator influence:
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p.(None): for the medical profession or an (allied) health profession.
p.(None):
p.(None): (2) Cooperation with members of other (allied) health professions is permissible if the spheres of
p.(None): responsibility of the physician and of the member of the other (allied) health profession remain clearly separate from
p.(None): each other.
p.(None):
p.(None): 4. Safeguarding of Medical Independence in Cooperation with Third Parties Art. 30
p.(None): Medical Independence
p.(None):
p.(None): Physicians are obliged to preserve their medical independence for the treatment of patients in all contractual and
p.(None): other professional relationships with third parties.
p.(None):
p.(None): - 28 -
p.(None):
p.(None): Art. 31 Impermissible Allocation
p.(None):
p.(None): (1) Physicians are not permitted to demand or have themselves or third parties promised or granted payment
p.(None): or other benefits, or themselves promise or grant payment or benefits, for the allocation of patients or
p.(None): examination material or for the prescription or acquisition of pharmaceuticals, medical aids or medical devices.
p.(None):
p.(None): (2) They are not permitted to recommend or refer patients to specific physicians, pharmacies, providers of
p.(None): therapeutic remedies or aids, or other providers of health-related services without sufficient grounds.
p.(None):
p.(None):
p.(None):
p.(None): Art. 32 Impermissible Donations
p.(None):
p.(None): (1) Physicians are not permitted to demand gifts or other benefits from patients or other persons for themselves
p.(None): or for third parties, or to have them promised to or accept them for themselves or third parties, if this creates the
p.(None): impression that the independence of the medical decision is influenced as a result. An influence is not
p.(None): against professional ethics if it is conducive to an economical method of treatment or
p.(None): prescription on the basis of social law and the physician retains the possibility of making an alternative
p.(None): decision on medical grounds to that which is connected with financial incentives.
p.(None):
p.(None): (2) The acceptance of benefits of reasonable value is not against professional ethics as long as
p.(None): these are utilised exclusively for continuing medical education related to the profession. The benefit
p.(None): granted for participation in a scientific continuing medical education event is unreasonable if it exceeds the
p.(None): necessary travel costs and conference fees.
p.(None):
p.(None): (3) The acceptance of third-party contributions for carrying out events (sponsorship) is
p.(None): only permissible to a reasonable extent and exclusively for financing the scientific programme of continuing
p.(None): medical education events. The extent and conditions of sponsorship are to be openly disclosed when announcing
p.(None): and holding the event.
p.(None):
p.(None): - 29 -
p.(None):
p.(None): Art. 33 5
p.(None): Donations during Contractual Cooperation
p.(None):
p.(None): Insofar as physicians render services for manufacturers of pharmaceuticals, remedies and medical aids or medical
p.(None): devices (e.g. observational studies), the remuneration intended for these services must be in keeping with the services
...
Health / Mentally Disabled
Searching for indicator disability:
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p.(None):
p.(None): 4. Safeguarding of Medical Independence in Cooperation with Third Parties
p.(None):
p.(None): Art. 30 Medical Independence Art. 31 Impermissible Allocation Art. 32 Impermissible Donations
p.(None): Art. 33 Donations during Contractual Cooperation
p.(None):
p.(None): - 4 -
p.(None):
p.(None): World Medical Association
p.(None):
p.(None): Declaration of Geneva
p.(None):
p.(None): Adopted by the 2nd General Assembly of the World Medical Association, Geneva,
p.(None): Switzerland, September 1948
p.(None):
p.(None): and amended by the 22nd World Medical Assembly, Sydney, Australia, August 1968 and the 35th World Medical Assembly,
p.(None): Venice, Italy, October 1983
p.(None): and the 46th WMA General Assembly, Stockholm, Sweden, September 1994
p.(None):
p.(None): and editorially revised by the 170th WMA Council Session, Divonne-les-Bains, France,
p.(None): May 2005
p.(None):
p.(None): and the 173rd WMA Council Session, Divonne-les-Bains, France, May 2006
p.(None):
p.(None): and amended by the 68th WMA General Assembly, Chicago, United States, October 2017
p.(None):
p.(None):
p.(None):
p.(None): The Physician’s Pledge
p.(None):
p.(None): AS A MEMBER OF THE MEDICAL PROFESSION:
p.(None):
p.(None): I SOLEMNLY PLEDGE to dedicate my life to the service of humanity;
p.(None):
p.(None): THE HEALTH AND WELL-BEING OF MY PATIENT will be my first consideration; I WILL RESPECT the autonomy and dignity of my
p.(None): patient;
p.(None): I WILL MAINTAIN the utmost respect for human life;
p.(None):
p.(None): I WILL NOT PERMIT considerations of age, disease or disability, creed, ethnic origin, gender, nationality,
p.(None): political affiliation, race, sexual orientation, social standing or any other factor to intervene between my
p.(None): duty and my patient;
p.(None): I WILL RESPECT the secrets that are confided in me, even after the patient has died;
p.(None):
p.(None): I WILL PRACTISE my profession with conscience and dignity and in accordance with good medical practice;
p.(None): I WILL FOSTER the honour and noble traditions of the medical profession;
p.(None):
p.(None): - 5 -
p.(None):
p.(None): I WILL GIVE to my teachers, colleagues, and students the respect and gratitude that is their due;
p.(None): I WILL SHARE my medical knowledge for the benefit of the patient and the advancement of
p.(None): healthcare;
p.(None): I WILL ATTEND TO my own health, well-being, and abilities in order to provide care of the highest standard;
p.(None): I WILL NOT USE my medical knowledge to violate human rights and civil liberties, even under threat;
p.(None): I MAKE THESE PROMISES solemnly, freely, and upon my honour.
p.(None):
p.(None): - 6 -
p.(None):
p.(None): A. Preamble
p.(None):
p.(None): The Professional Code, adopted on the basis of the Health Professions and Chamber Regulations, embodies the
p.(None): conviction of the medical community concerning the conduct of physicians towards patients, colleagues and other
p.(None): partners in the health sector, as well as their conduct in public. For this purpose, the physicians in Germany have
...
Health / Motherhood/Family
Searching for indicator family:
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p.(None): patient’s right to refuse recommended examination and treatment measures is to be respected.
p.(None):
p.(None): (2) Physicians respect the right of their patients to select or change their physician freely. On
p.(None): the other hand, physicians are also free to refuse treatment - except in emergencies or in the event of special
p.(None): legal obligations. The attending physician should generally not refuse the reasonable request of the patient to consult
p.(None): a further physician or to be referred to another physician.
p.(None):
p.(None): (3) Physicians must cooperate with other physicians and members of (allied) health professions in the
p.(None): best interests of the patient. Insofar as necessary for diagnosis and treatment, they must promptly consult with other
p.(None): physicians or refer the patient to them for continuation of treatment.
p.(None):
p.(None): (4) Physicians provide medical consultation and treatment to patients through direct, personal contact.
p.(None): They may also use communications media to assist in this process. It is permissible in individual cases for medical
p.(None): consultation or treatment to be provided exclusively via communications media where it is medically
p.(None): justifiable and where the necessary medical care is ensured, particularly through the manner in which
p.(None): diagnostic assessment, medical
p.(None):
p.(None): - 10 -
p.(None):
p.(None): consultation, treatment and documentation are carried out, and where the patient is also informed
p.(None): about the particularities of receiving medical consultation and treatment exclusively via communications
p.(None): media.
p.(None):
p.(None): (5) Patients' family members and other persons may be present during examination and treatment
p.(None): with the consent of the responsible physician and the patient.
p.(None):
p.(None): (6) Physicians must pay due attention to patients and deal with patient criticism and differences of opinion in
p.(None): a factual and correct manner.
p.(None):
p.(None): (7) When referring patients to colleagues or physician-led institutions, physicians must promptly transfer
p.(None): diagnostic findings and information about previous treatment insofar as the patient's consent has been given or
p.(None): can be assumed. This applies in particular to admission and discharge from hospital. Original documents must be
p.(None): returned.
p.(None):
p.(None): (8) Physicians may not aid abuse of their prescriptions.
p.(None):
p.(None):
p.(None):
p.(None): Art. 8 1
p.(None): Obligation to Provide Information
p.(None):
p.(None): Physicians require the informed consent of the patient to treatment. Before giving his or her consent, the patient must
p.(None): always be provided with the necessary information in a personal consultation. The nature, significance and
p.(None): implications of the treatment, including alternative treatments and associated risks, must be made clear
p.(None): to the patient in a comprehensible and appropriate manner during this consultation, particularly
p.(None): before operative interventions. A sufficient period for reflection should be ensured as far as possible before further
...
p.(None): the recommendations of the Chamber of Physicians in this context.
p.(None):
p.(None):
p.(None): Art. 11
p.(None): Medical Examination and Treatment Methods
p.(None):
p.(None): (1) By undertaking to treat a patient, physicians commit themselves to their patients to
p.(None): conscientiously provide them with suitable examination and treatment methods.
p.(None):
p.(None): - 13 -
p.(None):
p.(None): (2) The mission of the medical profession forbids the use of diagnostic or therapeutic methods by
p.(None): abusively exploiting the confidence, ignorance, credulity or helplessness of patients. It is likewise not
p.(None): permissible to promise therapeutic success as being certain, especially in the case of incurable diseases.
p.(None):
p.(None):
p.(None): Art. 12
p.(None): Fee and Remuneration Agreements
p.(None):
p.(None): (1) The fee demanded must be reasonable. It is governed by the official physician fee schedule for privately
p.(None): reimbursed medical services (GOÄ), insofar as other statutory remuneration regulations are not applicable.
p.(None): Physicians may not unfairly charge fees below the rates specified in the GOÄ. When concluding a fee agreement,
p.(None): physicians must give consideration to the income and financial circumstances of the person liable to pay.
p.(None):
p.(None): (2) The transfer of data to third parties for the purpose of private medical billing is only permitted if the
p.(None): patient has granted demonstrable consent to the transfer of the data required for billing.
p.(None):
p.(None): (3) Physicians may dispense with all or part of the fee in the case of family members, colleagues,
p.(None): their family members, and destitute patients.
p.(None):
p.(None): (4) At the request of one of the parties involved, the Chamber of Physicians issues an expert
p.(None): statement regarding the reasonableness of any fee demanded.
p.(None):
p.(None): (5) Before providing services, the costs of which evidently will not be reimbursed by a health insurer or
p.(None): another source of funding, physicians must inform patients in writing of the anticipated size of the fee to be
p.(None): calculated using the GOÄ and that they have no or an uncertain entitlement to reimbursement of costs by a health
p.(None): insurer or another source of funding.
p.(None):
p.(None): - 14 -
p.(None):
p.(None): III. Special Medical Procedures and Research
p.(None):
p.(None): Art. 13 2
p.(None): Special Medical Procedures
p.(None):
p.(None): (1) In the case of special medical measures or procedures that give rise to ethical problems, and in
p.(None): connection with which the Chamber of Physicians has formulated recommendations regarding establishment of their
p.(None): indications and implementation, physicians must observe these recommendations.
p.(None):
p.(None): (2) If demanded by the Chamber of Physicians, physicians must give notice of the application of measures or
p.(None): procedures of this kind to the Chamber of Physicians.
p.(None):
p.(None): (3) Prior to commencing such activities, physicians must, at the request of the Chamber of
p.(None): Physicians, furnish proof that the personal and clinical requirements specified in the recommendations
p.(None): are met.
p.(None):
p.(None):
p.(None): Art. 14
p.(None): Preservation of Unborn Life and Termination of Pregnancy
p.(None):
...
Health / patients in emergency situations
Searching for indicator emergencies:
(return to top)
p.(None): Physicians are obliged to take part in the measures introduced by the Chamber of Physicians to assure the quality
p.(None): of medical activity, and to provide the Chamber of Physicians with the information necessary for this purpose.
p.(None):
p.(None): - 9 -
p.(None):
p.(None): Art. 6
p.(None): Reporting of Adverse Drug Reactions (unerwünschte Arzneimittelwirkungen)
p.(None):
p.(None): Physicians are obliged to report unintended drug reactions (unerwünschte Arzneimittelwirkungen) coming
p.(None): to their attention in the context of their therapeutic activity to the Drug Commission of the German
p.(None): Medical Profession (Specialist Committee of the German Medical Association) and incidents relating to the use of
p.(None): medical devices to the relevant competent authority.
p.(None):
p.(None):
p.(None): II. Duties Towards Patients
p.(None):
p.(None): Art. 7
p.(None): Treatment Principles and Rules of Conduct
p.(None):
p.(None): (1) Any and all medical treatment must be provided in such a way that human dignity is preserved and
p.(None): the patient's personality, will and rights are respected, particularly the right of self-determination. The
p.(None): patient’s right to refuse recommended examination and treatment measures is to be respected.
p.(None):
p.(None): (2) Physicians respect the right of their patients to select or change their physician freely. On
p.(None): the other hand, physicians are also free to refuse treatment - except in emergencies or in the event of special
p.(None): legal obligations. The attending physician should generally not refuse the reasonable request of the patient to consult
p.(None): a further physician or to be referred to another physician.
p.(None):
p.(None): (3) Physicians must cooperate with other physicians and members of (allied) health professions in the
p.(None): best interests of the patient. Insofar as necessary for diagnosis and treatment, they must promptly consult with other
p.(None): physicians or refer the patient to them for continuation of treatment.
p.(None):
p.(None): (4) Physicians provide medical consultation and treatment to patients through direct, personal contact.
p.(None): They may also use communications media to assist in this process. It is permissible in individual cases for medical
p.(None): consultation or treatment to be provided exclusively via communications media where it is medically
p.(None): justifiable and where the necessary medical care is ensured, particularly through the manner in which
p.(None): diagnostic assessment, medical
p.(None):
p.(None): - 10 -
p.(None):
p.(None): consultation, treatment and documentation are carried out, and where the patient is also informed
p.(None): about the particularities of receiving medical consultation and treatment exclusively via communications
p.(None): media.
p.(None):
p.(None): (5) Patients' family members and other persons may be present during examination and treatment
p.(None): with the consent of the responsible physician and the patient.
p.(None):
...
Social / Access to Social Goods
Searching for indicator access:
(return to top)
p.(None): is, or the more significant its implications, the more comprehensively and emphatically patients should be
p.(None): informed of attainable results and risks.
p.(None):
p.(None):
p.(None):
p.(None): 1 The "Recommendations for Patient Information" laid down in relation to Art. 2 of the (Model) Professional Code as
p.(None): amended by the 98th German Medical Assembly (now Art. 8) were published in No. 16 of the Deutsches Ärzteblatt of 19
p.(None): April 1990.
p.(None):
p.(None): - 11 -
p.(None):
p.(None): Art. 9 Confidentiality
p.(None):
p.(None): (1) Physicians are obliged to maintain confidentiality regarding everything confided in them, or
p.(None): becoming known to them, in their capacity as a physician, including after the death of the patient. This
p.(None): also includes written communications from the patient, records concerning patients, X-ray images and other
p.(None): examination findings.
p.(None):
p.(None): (2) Physicians are authorised to disclose information insofar as they have been released from their
p.(None): obligation to maintain confidentiality or insofar as disclosure is necessary in order to
p.(None): safeguard a higher-ranking legally protected interest. Statutory duties to give evidence and
p.(None): obligations of notification remain unaffected. Insofar as statutory provisions restrict the physician's
p.(None): obligation to maintain confidentiality, the physician is to inform the patient of this situation.
p.(None):
p.(None): (3) Physicians may provide their staff, as well as persons taking part in medical activities in preparation for
p.(None): the profession, with access to patient information. They must instruct them regarding the statutory
p.(None): duty to maintain confidentiality, and must document this instruction in writing.
p.(None):
p.(None): (4) Physicians are authorised to disclose information to the staff of service providers, as well as
p.(None): other persons participating in professional activities, insofar as this disclosure is required to enlist the
p.(None): services of the participating persons. Physicians must ensure that the participating persons are obliged in writing to
p.(None): maintain confidentiality. This obligation to maintain confidentiality must be carried out by physicians or
p.(None): delegated to the service providers commissioned by them.
p.(None):
p.(None): (5) If several physicians examine or treat the same patient, simultaneously or consecutively, they
p.(None): are mutually released from the obligation to maintain confidentiality insofar as the patient's informed consent
p.(None): has been given or can be assumed.
p.(None):
p.(None): - 12 -
p.(None):
p.(None): Art. 10
p.(None): Obligation to Keep Medical Records
p.(None):
p.(None): (1) Physicians must keep the necessary records concerning the findings determined and action
p.(None): taken in practising their profession. These are not merely aides-mémoire for the physician, but also
p.(None): serve the interest of the patient in proper documentation.
p.(None):
p.(None): (2) Physicians must, on request, allow patients to inspect the documentation relating to them,
p.(None): provided there are no significant therapeutic reasons or significant rights of the physician or a third party to
p.(None): preclude this access. On request, the patient must be given copies of the documents in return for
p.(None): reimbursement of the costs.
p.(None):
p.(None): (3) Medical records must be retained for a period of ten years after the conclusion of treatment, unless
p.(None): statutory regulations require a longer retention period.
p.(None):
p.(None): (4) In the event of closing their practice, physicians must retain their medical records and
p.(None): examination findings in accordance with Para. 3, or ensure that they are given into suitable custody. Physicians
p.(None): given custody of medical records concerning patients in connection with the closure or transfer of a
p.(None): practice must keep these records under lock and key and may only inspect or forward them with the consent of the
p.(None): patient.
p.(None):
p.(None): (5) Records on electronic data carriers or other storage media require special back-up and
p.(None): protection measures in order to prevent their manipulation, destruction or wrongful use. Physicians must observe
p.(None): the recommendations of the Chamber of Physicians in this context.
p.(None):
p.(None):
p.(None): Art. 11
p.(None): Medical Examination and Treatment Methods
p.(None):
p.(None): (1) By undertaking to treat a patient, physicians commit themselves to their patients to
p.(None): conscientiously provide them with suitable examination and treatment methods.
p.(None):
p.(None): - 13 -
p.(None):
p.(None): (2) The mission of the medical profession forbids the use of diagnostic or therapeutic methods by
p.(None): abusively exploiting the confidence, ignorance, credulity or helplessness of patients. It is likewise not
...
Social / Age
Searching for indicator age:
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p.(None):
p.(None): 3. Professional Cooperation
p.(None):
p.(None): Art. 29 Cooperation Between Colleagues Art. 29 a Cooperation with Third Parties
p.(None):
p.(None): 4. Safeguarding of Medical Independence in Cooperation with Third Parties
p.(None):
p.(None): Art. 30 Medical Independence Art. 31 Impermissible Allocation Art. 32 Impermissible Donations
p.(None): Art. 33 Donations during Contractual Cooperation
p.(None):
p.(None): - 4 -
p.(None):
p.(None): World Medical Association
p.(None):
p.(None): Declaration of Geneva
p.(None):
p.(None): Adopted by the 2nd General Assembly of the World Medical Association, Geneva,
p.(None): Switzerland, September 1948
p.(None):
p.(None): and amended by the 22nd World Medical Assembly, Sydney, Australia, August 1968 and the 35th World Medical Assembly,
p.(None): Venice, Italy, October 1983
p.(None): and the 46th WMA General Assembly, Stockholm, Sweden, September 1994
p.(None):
p.(None): and editorially revised by the 170th WMA Council Session, Divonne-les-Bains, France,
p.(None): May 2005
p.(None):
p.(None): and the 173rd WMA Council Session, Divonne-les-Bains, France, May 2006
p.(None):
p.(None): and amended by the 68th WMA General Assembly, Chicago, United States, October 2017
p.(None):
p.(None):
p.(None):
p.(None): The Physician’s Pledge
p.(None):
p.(None): AS A MEMBER OF THE MEDICAL PROFESSION:
p.(None):
p.(None): I SOLEMNLY PLEDGE to dedicate my life to the service of humanity;
p.(None):
p.(None): THE HEALTH AND WELL-BEING OF MY PATIENT will be my first consideration; I WILL RESPECT the autonomy and dignity of my
p.(None): patient;
p.(None): I WILL MAINTAIN the utmost respect for human life;
p.(None):
p.(None): I WILL NOT PERMIT considerations of age, disease or disability, creed, ethnic origin, gender, nationality,
p.(None): political affiliation, race, sexual orientation, social standing or any other factor to intervene between my
p.(None): duty and my patient;
p.(None): I WILL RESPECT the secrets that are confided in me, even after the patient has died;
p.(None):
p.(None): I WILL PRACTISE my profession with conscience and dignity and in accordance with good medical practice;
p.(None): I WILL FOSTER the honour and noble traditions of the medical profession;
p.(None):
p.(None): - 5 -
p.(None):
p.(None): I WILL GIVE to my teachers, colleagues, and students the respect and gratitude that is their due;
p.(None): I WILL SHARE my medical knowledge for the benefit of the patient and the advancement of
p.(None): healthcare;
p.(None): I WILL ATTEND TO my own health, well-being, and abilities in order to provide care of the highest standard;
p.(None): I WILL NOT USE my medical knowledge to violate human rights and civil liberties, even under threat;
p.(None): I MAKE THESE PROMISES solemnly, freely, and upon my honour.
p.(None):
p.(None): - 6 -
p.(None):
p.(None): A. Preamble
p.(None):
p.(None): The Professional Code, adopted on the basis of the Health Professions and Chamber Regulations, embodies the
p.(None): conviction of the medical community concerning the conduct of physicians towards patients, colleagues and other
...
Social / Ethnicity
Searching for indicator ethnic:
(return to top)
p.(None):
p.(None): 4. Safeguarding of Medical Independence in Cooperation with Third Parties
p.(None):
p.(None): Art. 30 Medical Independence Art. 31 Impermissible Allocation Art. 32 Impermissible Donations
p.(None): Art. 33 Donations during Contractual Cooperation
p.(None):
p.(None): - 4 -
p.(None):
p.(None): World Medical Association
p.(None):
p.(None): Declaration of Geneva
p.(None):
p.(None): Adopted by the 2nd General Assembly of the World Medical Association, Geneva,
p.(None): Switzerland, September 1948
p.(None):
p.(None): and amended by the 22nd World Medical Assembly, Sydney, Australia, August 1968 and the 35th World Medical Assembly,
p.(None): Venice, Italy, October 1983
p.(None): and the 46th WMA General Assembly, Stockholm, Sweden, September 1994
p.(None):
p.(None): and editorially revised by the 170th WMA Council Session, Divonne-les-Bains, France,
p.(None): May 2005
p.(None):
p.(None): and the 173rd WMA Council Session, Divonne-les-Bains, France, May 2006
p.(None):
p.(None): and amended by the 68th WMA General Assembly, Chicago, United States, October 2017
p.(None):
p.(None):
p.(None):
p.(None): The Physician’s Pledge
p.(None):
p.(None): AS A MEMBER OF THE MEDICAL PROFESSION:
p.(None):
p.(None): I SOLEMNLY PLEDGE to dedicate my life to the service of humanity;
p.(None):
p.(None): THE HEALTH AND WELL-BEING OF MY PATIENT will be my first consideration; I WILL RESPECT the autonomy and dignity of my
p.(None): patient;
p.(None): I WILL MAINTAIN the utmost respect for human life;
p.(None):
p.(None): I WILL NOT PERMIT considerations of age, disease or disability, creed, ethnic origin, gender, nationality,
p.(None): political affiliation, race, sexual orientation, social standing or any other factor to intervene between my
p.(None): duty and my patient;
p.(None): I WILL RESPECT the secrets that are confided in me, even after the patient has died;
p.(None):
p.(None): I WILL PRACTISE my profession with conscience and dignity and in accordance with good medical practice;
p.(None): I WILL FOSTER the honour and noble traditions of the medical profession;
p.(None):
p.(None): - 5 -
p.(None):
p.(None): I WILL GIVE to my teachers, colleagues, and students the respect and gratitude that is their due;
p.(None): I WILL SHARE my medical knowledge for the benefit of the patient and the advancement of
p.(None): healthcare;
p.(None): I WILL ATTEND TO my own health, well-being, and abilities in order to provide care of the highest standard;
p.(None): I WILL NOT USE my medical knowledge to violate human rights and civil liberties, even under threat;
p.(None): I MAKE THESE PROMISES solemnly, freely, and upon my honour.
p.(None):
p.(None): - 6 -
p.(None):
p.(None): A. Preamble
p.(None):
p.(None): The Professional Code, adopted on the basis of the Health Professions and Chamber Regulations, embodies the
p.(None): conviction of the medical community concerning the conduct of physicians towards patients, colleagues and other
p.(None): partners in the health sector, as well as their conduct in public. For this purpose, the physicians in Germany have
p.(None): provided themselves with the following Professional Code. By defining the professional duties of
...
Social / Fetus/Neonate
Searching for indicator foetus:
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p.(None): calculated using the GOÄ and that they have no or an uncertain entitlement to reimbursement of costs by a health
p.(None): insurer or another source of funding.
p.(None):
p.(None): - 14 -
p.(None):
p.(None): III. Special Medical Procedures and Research
p.(None):
p.(None): Art. 13 2
p.(None): Special Medical Procedures
p.(None):
p.(None): (1) In the case of special medical measures or procedures that give rise to ethical problems, and in
p.(None): connection with which the Chamber of Physicians has formulated recommendations regarding establishment of their
p.(None): indications and implementation, physicians must observe these recommendations.
p.(None):
p.(None): (2) If demanded by the Chamber of Physicians, physicians must give notice of the application of measures or
p.(None): procedures of this kind to the Chamber of Physicians.
p.(None):
p.(None): (3) Prior to commencing such activities, physicians must, at the request of the Chamber of
p.(None): Physicians, furnish proof that the personal and clinical requirements specified in the recommendations
p.(None): are met.
p.(None):
p.(None):
p.(None): Art. 14
p.(None): Preservation of Unborn Life and Termination of Pregnancy
p.(None):
p.(None): (1) Physicians are fundamentally obliged to preserve unborn life. The termination of pregnancy is subject to
p.(None): the statutory provisions. Physicians cannot be compelled to perform or refrain from termination of a pregnancy.
p.(None):
p.(None): (2) Physicians who perform a termination of a pregnancy or supervise a miscarriage must
p.(None): ensure that no wrongful use is made of the dead embryo or foetus.
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): 2 Special medical procedures include, for example, assisted reproduction, the amended Guidelines for which were
p.(None): published in No. 20 of the Deutsches Ärzteblatt of 19 May 2006. As a rule, the Guidelines on assisted reproductive
p.(None): medicine have been incorporated into professional law by the Chambers of Physicians.
p.(None):
p.(None): - 15 -
p.(None):
p.(None): Art. 15 3
p.(None): Research
p.(None):
p.(None): (1) Physicians who participate in a research project which invades the mental or physical integrity of a
p.(None): human being, or uses human body material or data which can be traced to a particular individual, must
p.(None): ensure that advice on questions of professional ethics and professional conduct associated with the project is
p.(None): obtained from an Ethics Committee established at the responsible Chamber of Physicians, or from another independent,
p.(None): interdisciplinary Ethics Committee set up according to state law, before conducting the research. The same applies
p.(None): prior to conducting legally permitted research on viable human gametes and living embryonic tissue.
p.(None):
p.(None): (2) Publications of research results must disclose the relationship between the physician and the
p.(None): sponsor and its interests.
p.(None):
p.(None): (3) In research involving human subjects according to Art. 15, Para. 1, physicians observe the ethical
p.(None): principles for medical research on human subjects set out in the World Medical Association's Declaration of Helsinki as
...
Social / Incarcerated
Searching for indicator restricted:
(return to top)
p.(None): private law. The partners in a medical firm may only be physicians and members of the professions named in Art.
p.(None): 23 b Para. 1, first sentence. They must be professionally active in the firm. It must additionally
p.(None): be ensured that
p.(None):
p.(None): a) A physician acts as the responsible manager of the firm; the majority of the managing directors must be
p.(None): physicians,
p.(None): b) The majority of the capital shares and the voting rights are held by physicians,
p.(None): c) Third parties do not participate in the firm's profits,
p.(None): d) Adequate professional liability insurance exists for each physician working in the firm.
p.(None):
p.(None): (2) The name of the private-law medical firm may only include the names of the physician partners active in the
p.(None): firm. Irrespective of the name of the firm, the names and medical titles of all physician partners and of the
p.(None): employed physicians can be indicated.
p.(None):
p.(None):
p.(None): Art. 23 b
p.(None): Medical Cooperative Associations (Kooperationsgemeinschaften) of Physicians and Members of Other Specialist Professions
p.(None):
p.(None): (1) Physicians can also unite with independently working members of other academic healthcare
p.(None): professions in the health sector, or occupations in the healthcare sector requiring state-regulated formal
p.(None): training, who are authorised to practise the profession on a self-responsible basis, as well as with other
p.(None): natural scientists and members of social education professions - also restricted to individual
p.(None): services - for cooperative practice of the profession (medical cooperative association
p.(None): (Kooperationsgemeinschaft)). This cooperation is permitted in the form of a professional partnership according to
p.(None):
p.(None): - 22 -
p.(None):
p.(None): the PartGG or, on the basis of a written agreement on the formation of a cooperative association, in the
p.(None): legal form of a civil-law partnership or a legal personality governed by private law pursuant to Art.
p.(None): 23 a. Specifically, physicians are permitted to form such an association only with such other
p.(None): professionals and in such a way that the latter, in conjunction with the physician, can fulfil a parallel
p.(None): or integrating diagnostic or therapeutic purpose in therapeutic treatment, as well as in the field of prevention and
p.(None): rehabilitation, through spatially close and coordinated interaction of all the participating professionals.
p.(None): Moreover, the cooperation agreement must guarantee that
p.(None):
p.(None): a) The personally-responsible and independent practice of the profession by the physician is ensured;
p.(None): b) The spheres of responsibility of the partners remain separate vis-à-vis the patients;
p.(None): c) Medical decisions, particularly on diagnostics and therapy, are taken exclusively by the physician,
p.(None): insofar as the physician is not allowed, under the professional law, to leave such decisions to the members of a
p.(None): different specialist profession working independently in the association;
p.(None): d) The principle of free choice of physician is guaranteed;
p.(None): e) The attending physician can also consult persons other than the professionals cooperating in the
...
p.(None): but also the designation "Medical Cooperative Association". Irrespective of the name, the
p.(None):
p.(None): - 23 -
p.(None):
p.(None): professional titles of all professions working in the association must be announced.
p.(None):
p.(None): (2) The details of the professional composition of the cooperative permissible for participation of the
p.(None): physician are governed by the precept in Para. 1, third sentence, which is fulfilled if members of the
p.(None): above professional groups cooperate who can, together with the physician and in keeping with his or her specialist
p.(None): field, fulfil a jointly achievable medical purpose according to the nature of their professional competence.
p.(None):
p.(None):
p.(None): Art. 23 c
p.(None): Participation of Physicians in Other Partnerships
p.(None):
p.(None): Physicians are permitted to work with members of professions other than those described in Art. 23 b in
p.(None): all legal forms if they do not perform medical activity on people.
p.(None):
p.(None):
p.(None):
p.(None): Art. 23 d Practice Network
p.(None):
p.(None): (1) Without uniting to form an association for practice of the profession, physicians may
p.(None): also agree on cooperation (practice network) that is geared to fulfilling a mandate to provide medical services
p.(None): determined by joint or parallel measures, or to another form of collaboration for providing medical services for
p.(None): patients, e.g. in the field of quality assurance or readiness to provide services. All physicians willing to
p.(None): participate should be given the opportunity to do so. If the opportunity to participate is to be restricted,
p.(None): e.g. by spatial or qualitative criteria, the criteria on which such restriction is based must be needed
p.(None): in order to fulfil the mandate to provide medical services, be non- discriminatory, and must be
p.(None): disclosed to the Chamber of Physicians. Physicians involved in permitted cooperation may not impede
p.(None): referral to physicians not belonging to the network if it is medically required or requested by the patient.
p.(None):
p.(None): - 24 -
p.(None):
p.(None): (2) The terms of cooperation according to Para. 1 must be set down in a written agreement that must be submitted
p.(None): to the Chamber of Physicians.
p.(None):
p.(None): (3) Hospitals, preventive and rehabilitation clinics and members of other healthcare
p.(None): professions according to Art. 23 b can also be included in cooperation according to Para. 1, if the
p.(None): principles according to Art. 23 b are observed.
p.(None):
p.(None):
p.(None): Art. 24
p.(None): Contracts Relating to Medical Activity
p.(None):
p.(None): Prior to signature, physicians are to submit all contracts regarding their medical activity to the
p.(None): Chamber of Physicians to permit assessment as to whether professional interests are safeguarded.
p.(None):
p.(None):
p.(None): Art. 25
p.(None): Medical Opinions and References
p.(None):
p.(None): When providing medical opinions and references, physicians must proceed with the necessary care and express their
p.(None): medical conviction to the best of their knowledge. Medical opinions and references which physicians are obliged to
...
Social / Racial Minority
Searching for indicator race:
(return to top)
p.(None): Art. 33 Donations during Contractual Cooperation
p.(None):
p.(None): - 4 -
p.(None):
p.(None): World Medical Association
p.(None):
p.(None): Declaration of Geneva
p.(None):
p.(None): Adopted by the 2nd General Assembly of the World Medical Association, Geneva,
p.(None): Switzerland, September 1948
p.(None):
p.(None): and amended by the 22nd World Medical Assembly, Sydney, Australia, August 1968 and the 35th World Medical Assembly,
p.(None): Venice, Italy, October 1983
p.(None): and the 46th WMA General Assembly, Stockholm, Sweden, September 1994
p.(None):
p.(None): and editorially revised by the 170th WMA Council Session, Divonne-les-Bains, France,
p.(None): May 2005
p.(None):
p.(None): and the 173rd WMA Council Session, Divonne-les-Bains, France, May 2006
p.(None):
p.(None): and amended by the 68th WMA General Assembly, Chicago, United States, October 2017
p.(None):
p.(None):
p.(None):
p.(None): The Physician’s Pledge
p.(None):
p.(None): AS A MEMBER OF THE MEDICAL PROFESSION:
p.(None):
p.(None): I SOLEMNLY PLEDGE to dedicate my life to the service of humanity;
p.(None):
p.(None): THE HEALTH AND WELL-BEING OF MY PATIENT will be my first consideration; I WILL RESPECT the autonomy and dignity of my
p.(None): patient;
p.(None): I WILL MAINTAIN the utmost respect for human life;
p.(None):
p.(None): I WILL NOT PERMIT considerations of age, disease or disability, creed, ethnic origin, gender, nationality,
p.(None): political affiliation, race, sexual orientation, social standing or any other factor to intervene between my
p.(None): duty and my patient;
p.(None): I WILL RESPECT the secrets that are confided in me, even after the patient has died;
p.(None):
p.(None): I WILL PRACTISE my profession with conscience and dignity and in accordance with good medical practice;
p.(None): I WILL FOSTER the honour and noble traditions of the medical profession;
p.(None):
p.(None): - 5 -
p.(None):
p.(None): I WILL GIVE to my teachers, colleagues, and students the respect and gratitude that is their due;
p.(None): I WILL SHARE my medical knowledge for the benefit of the patient and the advancement of
p.(None): healthcare;
p.(None): I WILL ATTEND TO my own health, well-being, and abilities in order to provide care of the highest standard;
p.(None): I WILL NOT USE my medical knowledge to violate human rights and civil liberties, even under threat;
p.(None): I MAKE THESE PROMISES solemnly, freely, and upon my honour.
p.(None):
p.(None): - 6 -
p.(None):
p.(None): A. Preamble
p.(None):
p.(None): The Professional Code, adopted on the basis of the Health Professions and Chamber Regulations, embodies the
p.(None): conviction of the medical community concerning the conduct of physicians towards patients, colleagues and other
p.(None): partners in the health sector, as well as their conduct in public. For this purpose, the physicians in Germany have
p.(None): provided themselves with the following Professional Code. By defining the professional duties of
p.(None): physicians, the Professional Code simultaneously serves the aim of
p.(None):
p.(None): - Maintaining and promoting confidence between physicians and patients;
p.(None):
p.(None):
...
Social / Religion
Searching for indicator conviction:
(return to top)
p.(None): patient;
p.(None): I WILL MAINTAIN the utmost respect for human life;
p.(None):
p.(None): I WILL NOT PERMIT considerations of age, disease or disability, creed, ethnic origin, gender, nationality,
p.(None): political affiliation, race, sexual orientation, social standing or any other factor to intervene between my
p.(None): duty and my patient;
p.(None): I WILL RESPECT the secrets that are confided in me, even after the patient has died;
p.(None):
p.(None): I WILL PRACTISE my profession with conscience and dignity and in accordance with good medical practice;
p.(None): I WILL FOSTER the honour and noble traditions of the medical profession;
p.(None):
p.(None): - 5 -
p.(None):
p.(None): I WILL GIVE to my teachers, colleagues, and students the respect and gratitude that is their due;
p.(None): I WILL SHARE my medical knowledge for the benefit of the patient and the advancement of
p.(None): healthcare;
p.(None): I WILL ATTEND TO my own health, well-being, and abilities in order to provide care of the highest standard;
p.(None): I WILL NOT USE my medical knowledge to violate human rights and civil liberties, even under threat;
p.(None): I MAKE THESE PROMISES solemnly, freely, and upon my honour.
p.(None):
p.(None): - 6 -
p.(None):
p.(None): A. Preamble
p.(None):
p.(None): The Professional Code, adopted on the basis of the Health Professions and Chamber Regulations, embodies the
p.(None): conviction of the medical community concerning the conduct of physicians towards patients, colleagues and other
p.(None): partners in the health sector, as well as their conduct in public. For this purpose, the physicians in Germany have
p.(None): provided themselves with the following Professional Code. By defining the professional duties of
p.(None): physicians, the Professional Code simultaneously serves the aim of
p.(None):
p.(None): - Maintaining and promoting confidence between physicians and patients;
p.(None):
p.(None):
p.(None): - Ensuring the quality of physicians' activities in the interests of the health of the population;
p.(None):
p.(None): - Safeguarding the freedom and reputation of the medical profession;
p.(None):
p.(None):
p.(None): - Promoting conduct worthy of the profession and preventing conduct unworthy of the profession.
p.(None):
p.(None):
p.(None): B. Rules for Professional Practice
p.(None):
p.(None): I. Principles
p.(None):
p.(None): Art. 1
p.(None): Tasks of Physicians
p.(None):
p.(None): (1) Physicians serve the health of the individual and of the population. The medical profession is
p.(None): not a trade. It is by nature a liberal profession.
p.(None):
p.(None): (2) The task of physicians is to preserve life, protect and restore health, alleviate suffering, support the
p.(None): dying and participate in the preservation of the natural foundations of life with regard for their importance for human
p.(None): health.
p.(None):
p.(None): - 7 -
p.(None):
p.(None): Art. 2
p.(None): General Medical Professional Duties
p.(None):
p.(None): (1) Physicians practice their profession according to their conscience, the precepts of medical
...
p.(None): participate should be given the opportunity to do so. If the opportunity to participate is to be restricted,
p.(None): e.g. by spatial or qualitative criteria, the criteria on which such restriction is based must be needed
p.(None): in order to fulfil the mandate to provide medical services, be non- discriminatory, and must be
p.(None): disclosed to the Chamber of Physicians. Physicians involved in permitted cooperation may not impede
p.(None): referral to physicians not belonging to the network if it is medically required or requested by the patient.
p.(None):
p.(None): - 24 -
p.(None):
p.(None): (2) The terms of cooperation according to Para. 1 must be set down in a written agreement that must be submitted
p.(None): to the Chamber of Physicians.
p.(None):
p.(None): (3) Hospitals, preventive and rehabilitation clinics and members of other healthcare
p.(None): professions according to Art. 23 b can also be included in cooperation according to Para. 1, if the
p.(None): principles according to Art. 23 b are observed.
p.(None):
p.(None):
p.(None): Art. 24
p.(None): Contracts Relating to Medical Activity
p.(None):
p.(None): Prior to signature, physicians are to submit all contracts regarding their medical activity to the
p.(None): Chamber of Physicians to permit assessment as to whether professional interests are safeguarded.
p.(None):
p.(None):
p.(None): Art. 25
p.(None): Medical Opinions and References
p.(None):
p.(None): When providing medical opinions and references, physicians must proceed with the necessary care and express their
p.(None): medical conviction to the best of their knowledge. Medical opinions and references which physicians are obliged to
p.(None): issue, or which they have agreed to issue, are to be delivered within a reasonable period. References for employees, as
p.(None): well as for physicians undergoing specialty training, must always be issued within three months of being
p.(None): requested, or without delay in the event of leaving.
p.(None):
p.(None):
p.(None): Art. 26
p.(None): Medical Emergency Service
p.(None):
p.(None): Physicians are obliged to participate in emergency service and on-call duty in accordance with the state
p.(None): Health Professions and Chamber Laws and the statutes adopted on the basis of these.
p.(None):
p.(None): - 25 -
p.(None):
p.(None): 2. Professional Communication
p.(None):
p.(None): Art. 27 4
p.(None): Permitted Information and Advertising in Breach of Professional Ethics
p.(None):
p.(None): (1) The purpose of the following provisions of the Professional Code is to ensure patient protection by means of
p.(None): appropriate and reasonable information, and to avoid any commercialisation of the medical profession, which is
p.(None): contrary to the self-perception of the physician.
p.(None):
p.(None): (2) On this basis, physicians are permitted to provide objective professionally related information.
p.(None): (3) Advertising by physicians which breaches professional ethics is banned. This refers particularly to
...
Social / Threat of Stigma
Searching for indicator threat:
(return to top)
p.(None):
p.(None): AS A MEMBER OF THE MEDICAL PROFESSION:
p.(None):
p.(None): I SOLEMNLY PLEDGE to dedicate my life to the service of humanity;
p.(None):
p.(None): THE HEALTH AND WELL-BEING OF MY PATIENT will be my first consideration; I WILL RESPECT the autonomy and dignity of my
p.(None): patient;
p.(None): I WILL MAINTAIN the utmost respect for human life;
p.(None):
p.(None): I WILL NOT PERMIT considerations of age, disease or disability, creed, ethnic origin, gender, nationality,
p.(None): political affiliation, race, sexual orientation, social standing or any other factor to intervene between my
p.(None): duty and my patient;
p.(None): I WILL RESPECT the secrets that are confided in me, even after the patient has died;
p.(None):
p.(None): I WILL PRACTISE my profession with conscience and dignity and in accordance with good medical practice;
p.(None): I WILL FOSTER the honour and noble traditions of the medical profession;
p.(None):
p.(None): - 5 -
p.(None):
p.(None): I WILL GIVE to my teachers, colleagues, and students the respect and gratitude that is their due;
p.(None): I WILL SHARE my medical knowledge for the benefit of the patient and the advancement of
p.(None): healthcare;
p.(None): I WILL ATTEND TO my own health, well-being, and abilities in order to provide care of the highest standard;
p.(None): I WILL NOT USE my medical knowledge to violate human rights and civil liberties, even under threat;
p.(None): I MAKE THESE PROMISES solemnly, freely, and upon my honour.
p.(None):
p.(None): - 6 -
p.(None):
p.(None): A. Preamble
p.(None):
p.(None): The Professional Code, adopted on the basis of the Health Professions and Chamber Regulations, embodies the
p.(None): conviction of the medical community concerning the conduct of physicians towards patients, colleagues and other
p.(None): partners in the health sector, as well as their conduct in public. For this purpose, the physicians in Germany have
p.(None): provided themselves with the following Professional Code. By defining the professional duties of
p.(None): physicians, the Professional Code simultaneously serves the aim of
p.(None):
p.(None): - Maintaining and promoting confidence between physicians and patients;
p.(None):
p.(None):
p.(None): - Ensuring the quality of physicians' activities in the interests of the health of the population;
p.(None):
p.(None): - Safeguarding the freedom and reputation of the medical profession;
p.(None):
p.(None):
p.(None): - Promoting conduct worthy of the profession and preventing conduct unworthy of the profession.
p.(None):
p.(None):
p.(None): B. Rules for Professional Practice
p.(None):
p.(None): I. Principles
p.(None):
p.(None): Art. 1
p.(None): Tasks of Physicians
p.(None):
p.(None): (1) Physicians serve the health of the individual and of the population. The medical profession is
p.(None): not a trade. It is by nature a liberal profession.
p.(None):
p.(None): (2) The task of physicians is to preserve life, protect and restore health, alleviate suffering, support the
...
Social / Trade Union Membership
Searching for indicator union:
(return to top)
p.(None): instructions, that are irreconcilable with their tasks or for whose observance they cannot answer.
p.(None):
p.(None): (2) Physicians must practise their profession conscientiously and do justice to the confidence placed in them
p.(None): in practising their profession. In doing so, their medical activity must be in accordance with the
p.(None): welfare of the patient. In particular, they may not put the interests of third parties above the welfare of the
p.(None): patient.
p.(None):
p.(None): (3) Conscientious practise of the profession requires, in particular, the necessary professional qualification
p.(None): and compliance with the accepted state of medical knowledge.
p.(None):
p.(None): (4) Physicians may not accept any instructions from non-physicians concerning their medical decisions.
p.(None):
p.(None): (5) Physicians are obliged to comply with the regulations applicable to the practice of their
p.(None): profession.
p.(None):
p.(None): (6) Notwithstanding the special obligations to provide information and obligations of notification regulated in
p.(None): the provisions below, physicians must reply within a reasonable period to enquiries from the Chamber of Physicians
p.(None): addressed to physicians in fulfilment of its statutory tasks in connection with professional supervision.
p.(None):
p.(None): (7) If physicians who are permanently established or perform their professional activity in another
p.(None): Member State of the European Union temporarily and occasionally perform their medical activity on a
p.(None): cross-border basis in the territory covered by this Professional Code without establishing a practice, they
p.(None): must observe the provisions of this Professional Code.
p.(None):
p.(None): - 8 -
p.(None):
p.(None): Art. 3 Incompatibilities
p.(None):
p.(None): (1) In addition to practising their profession, physicians are forbidden to engage in any other activity that is
p.(None): irreconcilable with the ethical principles of the medical profession. Physicians are also forbidden to allow their
p.(None): name to be used in conjunction with a medical occupational title in an unfair manner for
p.(None): commercial purposes. They may equally not permit use to be made of their name, or of the professional reputation of
p.(None): physicians, in such a way.
p.(None):
p.(None): (2) In connection with the practice of their medical activity, physicians are forbidden to supply
p.(None): goods and other items, or be involved in having them supplied, to render commercial services, or have
p.(None): them rendered, insofar as the supply of the product or the rendering of the service is not a necessary part of
p.(None): medical therapy due to its special characteristics.
p.(None):
p.(None):
p.(None): Art. 4
p.(None): Continuing Medical Education
p.(None):
p.(None): (1) Physicians who practise their profession are obliged to engage in continuing medical education to the
p.(None): extent necessary to maintain and develop the competence required in practising their profession.
p.(None):
...
p.(None):
p.(None):
p.(None):
p.(None): Art. 18 Professional Collaboration
p.(None):
p.(None): (1) Physicians may unite to form associations for practice of the profession
p.(None): (Berufsausübungsgemeinschaften), organisational associations (Kooperationsgemeinschaften),
p.(None): cooperative associations and practice networks. Unions for joint practice of the medical
p.(None): profession can be established in order to render specific services, insofar as they are not intended to
p.(None): circumvent Art. 31. In particular, circumvention is present where the profit is for no reason distributed in a way
p.(None): that does not correspond to the part of the services rendered personally. Ordering a service, particularly in the
p.(None): fields of laboratory medicine, pathology and imaging procedures, does not constitute a part of the
p.(None): service within the meaning of the third sentence. Contracts on the establishment of associations for
p.(None): partial practice of the profession (Teil-Berufsausübungsgemeinschaften) must be submitted to the Chamber of
p.(None): Physicians.
p.(None):
p.(None): (2) Physicians may practise their profession, individually or jointly, in all legal forms of
p.(None): association permitted for the medical profession, if their personally responsible, medically independent and
p.(None): non-commercial practice of the profession is guaranteed. In the event of professional cooperation in any form
p.(None): whatsoever, every physician must guarantee observance of his or her medical professional duties.
p.(None):
p.(None): (2a) An association for the practice of the profession
p.(None): (Berufsausübungsgemeinschaft) is a union of physicians among themselves, with medical firms or with physician-led
p.(None): medical centres which correspond to the provisions of Art. 23a Para. 1, letters a, b and d, or a combination of these,
p.(None): for the purpose of joint practice of the profession. Joint professional practise requires long-term professional
p.(None): cooperation between independent, self- employed partners. It is necessary for partners to set out reciprocal
p.(None): obligations in a written partnership agreement to promote the achievement of a common purpose by the means stipulated
p.(None): in the agreement and, in particular, to make the agreed contributions. Routine participation of all
p.(None): partners of the association for the practice of the profession in its entrepreneurial risk, managerial
p.(None): decision-making and jointly earned profits is also necessary.
p.(None):
p.(None): - 18 -
p.(None):
p.(None):
p.(None):
p.(None): (3) Membership of several associations for practice of the profession
p.(None): (Berufsausübungsgemeinschaften) is permissible. The association for practice of the profession
p.(None): (Berufsausübungsgemeinschaft) requires a common registered practice office. An association for practice
p.(None): of the profession (Berufsausübungsgemeinschaft) with several registered practice offices is permissible if
p.(None): at least one member of the association for practice of the profession (Berufsausübungsgemeinschaft) ensures
p.(None): sufficient patient care at each registered practice office.
p.(None):
p.(None): (4) The free choice of physician must be guaranteed in all forms of medical cooperation.
p.(None):
p.(None): (5) Insofar as provisions of this Professional Code restrict regulations of the Professional
p.(None): Partnership Act (Act on Partnerships of Members of the Liberal Professions [PartGG] of 25/07/1994 - Federal Law
p.(None): Gazette I, p. 1744), they prevail according to Section 1 Subsection 3 PartGG.
p.(None):
p.(None): (6) All unions according to Para. 1, as well as their modification and termination, must be reported to
p.(None): the competent Chamber of Physicians. If several Chambers of Physicians are competent for the
p.(None): physicians involved, each physician is obliged to notify the Chamber competent for him or her of all
p.(None): physicians involved in the union.
p.(None):
p.(None):
p.(None): Art. 18 a
p.(None): Announcement of Associations for Practice of the Profession
p.(None): (Berufsausübungsgemeinschaften) and Other Forms of Cooperation
p.(None):
p.(None): (1) In the case of associations of physicians for practice of the profession
p.(None): (Berufsausübungsgemeinschaften), the names and medical titles of all physicians united in the
p.(None): association, as well as the legal form, must be announced, irrespective of the name of a professional
p.(None): partnership or a recognised legal personality governed by private law. If there are several registered
p.(None): practice offices, each practice office must be announced separately. Art. 19 Para. 4 applies accordingly.
p.(None): It is not permissible to continue
p.(None):
p.(None): - 19 -
p.(None):
p.(None): to use the name of a partner who no longer practises, who has withdrawn, or who has died.
p.(None):
p.(None): (2) In the event of cooperation pursuant to Art. 23 b, the physician must have himself/ herself
p.(None): included with the cooperating partners on a joint practice nameplate. In the case of partnerships
p.(None): pursuant to Art. 23 c, the physician may, if indication of his or her professional designation is
p.(None): envisaged, only permit indication of the designation "physician" or another designation that can be used.
p.(None):
p.(None): (3) Consortia forming organisational associations may be announced. Membership of a practice
p.(None): network pursuant to Art. 23 d can be announced by adding the name of the network.
p.(None):
p.(None):
p.(None): Art. 19
p.(None): Employment of Salaried Physicians in Practices
p.(None):
...
Social / Victim of Abuse
Searching for indicator abuse:
(return to top)
p.(None): They may also use communications media to assist in this process. It is permissible in individual cases for medical
p.(None): consultation or treatment to be provided exclusively via communications media where it is medically
p.(None): justifiable and where the necessary medical care is ensured, particularly through the manner in which
p.(None): diagnostic assessment, medical
p.(None):
p.(None): - 10 -
p.(None):
p.(None): consultation, treatment and documentation are carried out, and where the patient is also informed
p.(None): about the particularities of receiving medical consultation and treatment exclusively via communications
p.(None): media.
p.(None):
p.(None): (5) Patients' family members and other persons may be present during examination and treatment
p.(None): with the consent of the responsible physician and the patient.
p.(None):
p.(None): (6) Physicians must pay due attention to patients and deal with patient criticism and differences of opinion in
p.(None): a factual and correct manner.
p.(None):
p.(None): (7) When referring patients to colleagues or physician-led institutions, physicians must promptly transfer
p.(None): diagnostic findings and information about previous treatment insofar as the patient's consent has been given or
p.(None): can be assumed. This applies in particular to admission and discharge from hospital. Original documents must be
p.(None): returned.
p.(None):
p.(None): (8) Physicians may not aid abuse of their prescriptions.
p.(None):
p.(None):
p.(None):
p.(None): Art. 8 1
p.(None): Obligation to Provide Information
p.(None):
p.(None): Physicians require the informed consent of the patient to treatment. Before giving his or her consent, the patient must
p.(None): always be provided with the necessary information in a personal consultation. The nature, significance and
p.(None): implications of the treatment, including alternative treatments and associated risks, must be made clear
p.(None): to the patient in a comprehensible and appropriate manner during this consultation, particularly
p.(None): before operative interventions. A sufficient period for reflection should be ensured as far as possible before further
p.(None): treatment, particularly before diagnostic or operative interventions. The less medically necessary a procedure
p.(None): is, or the more significant its implications, the more comprehensively and emphatically patients should be
p.(None): informed of attainable results and risks.
p.(None):
p.(None):
p.(None):
p.(None): 1 The "Recommendations for Patient Information" laid down in relation to Art. 2 of the (Model) Professional Code as
p.(None): amended by the 98th German Medical Assembly (now Art. 8) were published in No. 16 of the Deutsches Ärzteblatt of 19
p.(None): April 1990.
p.(None):
p.(None): - 11 -
p.(None):
p.(None): Art. 9 Confidentiality
p.(None):
p.(None): (1) Physicians are obliged to maintain confidentiality regarding everything confided in them, or
p.(None): becoming known to them, in their capacity as a physician, including after the death of the patient. This
...
Social / education
Searching for indicator education:
(return to top)
p.(None): as amended by a Resolution of the Executive Board of the German Medical Association on 14/12/2018
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): *) English translation - the official, authorised version of this document is the German original.
p.(None):
p.(None): **) The "Professional Code" reproduced here is the (Model) Professional Code, as adopted by the 100th German Medical
p.(None): Assembly and amended by the 103rd German Medical Assembly, the 105th German Medical Assembly, the 106th German Medical
p.(None): Assembly, the 107th German Medical Assembly, the 114th German Medical Assembly, the 118th German Medical Assembly and
p.(None): the 121st German Medical Assembly. It also incorporates the Resolution of the Executive Board of the German Medical
p.(None): Association from 14/12/2018 amending Art. 9(3), Art. 9(4) and Art. 12(2). The Professional Code becomes legally
p.(None): effective when adopted as into the statutes by the General Assemblies of the chambers of physicians and approved by the
p.(None): supervisory authorities.
p.(None):
p.(None): - 2 -
p.(None):
p.(None):
p.(None):
p.(None): Contents
p.(None):
p.(None): A. Preamble
p.(None):
p.(None): B. Rules for Professional Practice
p.(None):
p.(None): I. Principles
p.(None):
p.(None): Art. 1 Tasks of Physicians
p.(None): Art. 2 General Medical Professional Duties Art. 3 Incompatibilities
p.(None): Art. 4 Continuing Medical Education Art. 5 Quality Assurance
p.(None): Art. 6 Reporting of Adverse Drug Reactions (unerwünschte Arzneimittelwirkungen)
p.(None):
p.(None):
p.(None): II. Duties Towards Patients
p.(None):
p.(None): Art. 7 Treatment Principles and Rules of Conduct Art. 8 Obligation to Provide Information
p.(None): Art. 9 Confidentiality
p.(None): Art. 10 Obligation to Keep Medical Records
p.(None): Art. 11 Medical Examination and Treatment Methods Art. 12 Fee and Remuneration Agreements
p.(None):
p.(None):
p.(None): III. Special Medical Procedures and Research
p.(None):
p.(None): Art. 13 Special Medical Procedures
p.(None): Art. 14 Preservation of Unborn Life and Termination of Pregnancy Art. 15 Research
p.(None): Art. 16 Support for the Dying
p.(None):
p.(None):
p.(None): IV. Professional Conduct
p.(None):
p.(None): 1. Professional Practice
p.(None):
p.(None): Art. 17 Establishment and Running of a Practice Art. 18 Professional Collaboration
p.(None): Art. 18 a Announcement of Associations for Practice of the Profession (Berufsausübungsgemeinschaften) and Other
p.(None): Forms of Cooperation
p.(None): Art. 19 Employment of Salaried Physicians in Practices Art. 20 Deputising
p.(None): Art. 21 Liability Insurance Art. 22 Repealed
p.(None): Art. 23 Employed Physicians Art. 23 a Medical Firms
p.(None):
p.(None): - 3 -
p.(None):
p.(None): Art. 23 b Medical Cooperative Associations (Kooperationsgemeinschaften) of Physicians and Members of Other
p.(None): Specialist Professions
p.(None): Art. 23 c Participation of Physicians in Other Partnerships Art. 23 d Practice Network
p.(None): Art. 24 Contracts Relating to Medical Activity Art. 25 Medical Opinions and References Art. 26
...
p.(None): addressed to physicians in fulfilment of its statutory tasks in connection with professional supervision.
p.(None):
p.(None): (7) If physicians who are permanently established or perform their professional activity in another
p.(None): Member State of the European Union temporarily and occasionally perform their medical activity on a
p.(None): cross-border basis in the territory covered by this Professional Code without establishing a practice, they
p.(None): must observe the provisions of this Professional Code.
p.(None):
p.(None): - 8 -
p.(None):
p.(None): Art. 3 Incompatibilities
p.(None):
p.(None): (1) In addition to practising their profession, physicians are forbidden to engage in any other activity that is
p.(None): irreconcilable with the ethical principles of the medical profession. Physicians are also forbidden to allow their
p.(None): name to be used in conjunction with a medical occupational title in an unfair manner for
p.(None): commercial purposes. They may equally not permit use to be made of their name, or of the professional reputation of
p.(None): physicians, in such a way.
p.(None):
p.(None): (2) In connection with the practice of their medical activity, physicians are forbidden to supply
p.(None): goods and other items, or be involved in having them supplied, to render commercial services, or have
p.(None): them rendered, insofar as the supply of the product or the rendering of the service is not a necessary part of
p.(None): medical therapy due to its special characteristics.
p.(None):
p.(None):
p.(None): Art. 4
p.(None): Continuing Medical Education
p.(None):
p.(None): (1) Physicians who practise their profession are obliged to engage in continuing medical education to the
p.(None): extent necessary to maintain and develop the competence required in practising their profession.
p.(None):
p.(None): (2) On request, physicians must furnish proof of their continuing medical education according
p.(None): to Para. 1 to the Chamber of Physicians in the form of a Continuing Medical Education Certificate from a Chamber of
p.(None): Physicians.
p.(None):
p.(None):
p.(None): Art. 5 Quality Assurance
p.(None):
p.(None): Physicians are obliged to take part in the measures introduced by the Chamber of Physicians to assure the quality
p.(None): of medical activity, and to provide the Chamber of Physicians with the information necessary for this purpose.
p.(None):
p.(None): - 9 -
p.(None):
p.(None): Art. 6
p.(None): Reporting of Adverse Drug Reactions (unerwünschte Arzneimittelwirkungen)
p.(None):
p.(None): Physicians are obliged to report unintended drug reactions (unerwünschte Arzneimittelwirkungen) coming
p.(None): to their attention in the context of their therapeutic activity to the Drug Commission of the German
p.(None): Medical Profession (Specialist Committee of the German Medical Association) and incidents relating to the use of
p.(None): medical devices to the relevant competent authority.
p.(None):
p.(None):
p.(None): II. Duties Towards Patients
p.(None):
p.(None): Art. 7
p.(None): Treatment Principles and Rules of Conduct
p.(None):
p.(None): (1) Any and all medical treatment must be provided in such a way that human dignity is preserved and
p.(None): the patient's personality, will and rights are respected, particularly the right of self-determination. The
p.(None): patient’s right to refuse recommended examination and treatment measures is to be respected.
p.(None):
p.(None): (2) Physicians respect the right of their patients to select or change their physician freely. On
...
p.(None):
p.(None): (2) In the event of cooperation pursuant to Art. 23 b, the physician must have himself/ herself
p.(None): included with the cooperating partners on a joint practice nameplate. In the case of partnerships
p.(None): pursuant to Art. 23 c, the physician may, if indication of his or her professional designation is
p.(None): envisaged, only permit indication of the designation "physician" or another designation that can be used.
p.(None):
p.(None): (3) Consortia forming organisational associations may be announced. Membership of a practice
p.(None): network pursuant to Art. 23 d can be announced by adding the name of the network.
p.(None):
p.(None):
p.(None): Art. 19
p.(None): Employment of Salaried Physicians in Practices
p.(None):
p.(None): (1) Physicians must run the practice personally. The employment of salaried physicians in the
p.(None): practice presupposes management of the practice by the physician who established the practice. The
p.(None): physician must notify the Chamber of Physicians of the employment of a salaried physician.
p.(None):
p.(None): (2) In cases where the treatment of a patient can regularly only be performed jointly by physicians
p.(None): of different medical specialties, a specialist as owner of the practice may also render medical services outside
p.(None): his or her discipline through an employed specialist of the other discipline.
p.(None):
p.(None): (3) Physicians may only be employed on reasonable terms. Reasonable terms are, in particular,
p.(None): terms that grant the employed physician reasonable remuneration, as well as reasonable time for
p.(None): continuing medical education, and that provide for payment of reasonable compensation in the event of a restraint
p.(None): of competition being stipulated.
p.(None):
p.(None): (4) The patients must be appropriately informed about the employed physicians working in the practice.
p.(None):
p.(None): - 20 -
p.(None):
p.(None):
p.(None):
p.(None): Art. 20 Deputising
p.(None):
p.(None): (1) Established practise-based physicians should generally be willing to deputise for each other; patients taken
p.(None): over are to be referred back at the end of the deputising period. Physicians may generally only have themselves
p.(None): deputised for by a specialist of the same discipline.
p.(None):
p.(None): (2) The practice of a deceased physician can continue to be run by another physician for the benefit
p.(None): of the widow/widower, her or his partner based on the Act on Registered Life Partnerships or a dependent relative,
p.(None): generally for a period of up to six months after the end of the calendar quarter in which death occurred.
p.(None):
p.(None):
p.(None):
p.(None): Art. 21 Liability Insurance
p.(None):
p.(None): Physicians are obliged to sufficiently insure themselves against liability claims arising in the context of their
p.(None): professional activity.
p.(None):
p.(None):
p.(None): Art. 22
p.(None): - Repealed -
p.(None):
p.(None):
p.(None):
p.(None): Art. 23 Employed Physicians
p.(None):
p.(None): (1) The rules of this Professional Code also apply to physicians who perform their medical activity in the
p.(None): framework of a private-law employment contract or a civil service contract.
p.(None):
...
p.(None):
p.(None):
p.(None): Art. 23 a Medical Firms
p.(None):
p.(None): (1) Physicians can also perform their medical activity in the form of a legal personality governed by
p.(None): private law. The partners in a medical firm may only be physicians and members of the professions named in Art.
p.(None): 23 b Para. 1, first sentence. They must be professionally active in the firm. It must additionally
p.(None): be ensured that
p.(None):
p.(None): a) A physician acts as the responsible manager of the firm; the majority of the managing directors must be
p.(None): physicians,
p.(None): b) The majority of the capital shares and the voting rights are held by physicians,
p.(None): c) Third parties do not participate in the firm's profits,
p.(None): d) Adequate professional liability insurance exists for each physician working in the firm.
p.(None):
p.(None): (2) The name of the private-law medical firm may only include the names of the physician partners active in the
p.(None): firm. Irrespective of the name of the firm, the names and medical titles of all physician partners and of the
p.(None): employed physicians can be indicated.
p.(None):
p.(None):
p.(None): Art. 23 b
p.(None): Medical Cooperative Associations (Kooperationsgemeinschaften) of Physicians and Members of Other Specialist Professions
p.(None):
p.(None): (1) Physicians can also unite with independently working members of other academic healthcare
p.(None): professions in the health sector, or occupations in the healthcare sector requiring state-regulated formal
p.(None): training, who are authorised to practise the profession on a self-responsible basis, as well as with other
p.(None): natural scientists and members of social education professions - also restricted to individual
p.(None): services - for cooperative practice of the profession (medical cooperative association
p.(None): (Kooperationsgemeinschaft)). This cooperation is permitted in the form of a professional partnership according to
p.(None):
p.(None): - 22 -
p.(None):
p.(None): the PartGG or, on the basis of a written agreement on the formation of a cooperative association, in the
p.(None): legal form of a civil-law partnership or a legal personality governed by private law pursuant to Art.
p.(None): 23 a. Specifically, physicians are permitted to form such an association only with such other
p.(None): professionals and in such a way that the latter, in conjunction with the physician, can fulfil a parallel
p.(None): or integrating diagnostic or therapeutic purpose in therapeutic treatment, as well as in the field of prevention and
p.(None): rehabilitation, through spatially close and coordinated interaction of all the participating professionals.
p.(None): Moreover, the cooperation agreement must guarantee that
p.(None):
p.(None): a) The personally-responsible and independent practice of the profession by the physician is ensured;
p.(None): b) The spheres of responsibility of the partners remain separate vis-à-vis the patients;
p.(None): c) Medical decisions, particularly on diagnostics and therapy, are taken exclusively by the physician,
p.(None): insofar as the physician is not allowed, under the professional law, to leave such decisions to the members of a
p.(None): different specialist profession working independently in the association;
p.(None): d) The principle of free choice of physician is guaranteed;
...
p.(None):
p.(None): Art. 31 Impermissible Allocation
p.(None):
p.(None): (1) Physicians are not permitted to demand or have themselves or third parties promised or granted payment
p.(None): or other benefits, or themselves promise or grant payment or benefits, for the allocation of patients or
p.(None): examination material or for the prescription or acquisition of pharmaceuticals, medical aids or medical devices.
p.(None):
p.(None): (2) They are not permitted to recommend or refer patients to specific physicians, pharmacies, providers of
p.(None): therapeutic remedies or aids, or other providers of health-related services without sufficient grounds.
p.(None):
p.(None):
p.(None):
p.(None): Art. 32 Impermissible Donations
p.(None):
p.(None): (1) Physicians are not permitted to demand gifts or other benefits from patients or other persons for themselves
p.(None): or for third parties, or to have them promised to or accept them for themselves or third parties, if this creates the
p.(None): impression that the independence of the medical decision is influenced as a result. An influence is not
p.(None): against professional ethics if it is conducive to an economical method of treatment or
p.(None): prescription on the basis of social law and the physician retains the possibility of making an alternative
p.(None): decision on medical grounds to that which is connected with financial incentives.
p.(None):
p.(None): (2) The acceptance of benefits of reasonable value is not against professional ethics as long as
p.(None): these are utilised exclusively for continuing medical education related to the profession. The benefit
p.(None): granted for participation in a scientific continuing medical education event is unreasonable if it exceeds the
p.(None): necessary travel costs and conference fees.
p.(None):
p.(None): (3) The acceptance of third-party contributions for carrying out events (sponsorship) is
p.(None): only permissible to a reasonable extent and exclusively for financing the scientific programme of continuing
p.(None): medical education events. The extent and conditions of sponsorship are to be openly disclosed when announcing
p.(None): and holding the event.
p.(None):
p.(None): - 29 -
p.(None):
p.(None): Art. 33 5
p.(None): Donations during Contractual Cooperation
p.(None):
p.(None): Insofar as physicians render services for manufacturers of pharmaceuticals, remedies and medical aids or medical
p.(None): devices (e.g. observational studies), the remuneration intended for these services must be in keeping with the services
p.(None): rendered.
p.(None): Cooperation agreements must be concluded in writing and are to be submitted to the Chamber of Physicians.
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): 5 Notes and explanations on Art. 33 of the (Model) Professional Code, adopted by the competent Committees of the German
...
Social / embryo
Searching for indicator embryo:
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p.(None): another source of funding, physicians must inform patients in writing of the anticipated size of the fee to be
p.(None): calculated using the GOÄ and that they have no or an uncertain entitlement to reimbursement of costs by a health
p.(None): insurer or another source of funding.
p.(None):
p.(None): - 14 -
p.(None):
p.(None): III. Special Medical Procedures and Research
p.(None):
p.(None): Art. 13 2
p.(None): Special Medical Procedures
p.(None):
p.(None): (1) In the case of special medical measures or procedures that give rise to ethical problems, and in
p.(None): connection with which the Chamber of Physicians has formulated recommendations regarding establishment of their
p.(None): indications and implementation, physicians must observe these recommendations.
p.(None):
p.(None): (2) If demanded by the Chamber of Physicians, physicians must give notice of the application of measures or
p.(None): procedures of this kind to the Chamber of Physicians.
p.(None):
p.(None): (3) Prior to commencing such activities, physicians must, at the request of the Chamber of
p.(None): Physicians, furnish proof that the personal and clinical requirements specified in the recommendations
p.(None): are met.
p.(None):
p.(None):
p.(None): Art. 14
p.(None): Preservation of Unborn Life and Termination of Pregnancy
p.(None):
p.(None): (1) Physicians are fundamentally obliged to preserve unborn life. The termination of pregnancy is subject to
p.(None): the statutory provisions. Physicians cannot be compelled to perform or refrain from termination of a pregnancy.
p.(None):
p.(None): (2) Physicians who perform a termination of a pregnancy or supervise a miscarriage must
p.(None): ensure that no wrongful use is made of the dead embryo or foetus.
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): 2 Special medical procedures include, for example, assisted reproduction, the amended Guidelines for which were
p.(None): published in No. 20 of the Deutsches Ärzteblatt of 19 May 2006. As a rule, the Guidelines on assisted reproductive
p.(None): medicine have been incorporated into professional law by the Chambers of Physicians.
p.(None):
p.(None): - 15 -
p.(None):
p.(None): Art. 15 3
p.(None): Research
p.(None):
p.(None): (1) Physicians who participate in a research project which invades the mental or physical integrity of a
p.(None): human being, or uses human body material or data which can be traced to a particular individual, must
p.(None): ensure that advice on questions of professional ethics and professional conduct associated with the project is
p.(None): obtained from an Ethics Committee established at the responsible Chamber of Physicians, or from another independent,
p.(None): interdisciplinary Ethics Committee set up according to state law, before conducting the research. The same applies
p.(None): prior to conducting legally permitted research on viable human gametes and living embryonic tissue.
p.(None):
p.(None): (2) Publications of research results must disclose the relationship between the physician and the
p.(None): sponsor and its interests.
p.(None):
p.(None): (3) In research involving human subjects according to Art. 15, Para. 1, physicians observe the ethical
...
Social / employees
Searching for indicator employees:
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p.(None): e.g. by spatial or qualitative criteria, the criteria on which such restriction is based must be needed
p.(None): in order to fulfil the mandate to provide medical services, be non- discriminatory, and must be
p.(None): disclosed to the Chamber of Physicians. Physicians involved in permitted cooperation may not impede
p.(None): referral to physicians not belonging to the network if it is medically required or requested by the patient.
p.(None):
p.(None): - 24 -
p.(None):
p.(None): (2) The terms of cooperation according to Para. 1 must be set down in a written agreement that must be submitted
p.(None): to the Chamber of Physicians.
p.(None):
p.(None): (3) Hospitals, preventive and rehabilitation clinics and members of other healthcare
p.(None): professions according to Art. 23 b can also be included in cooperation according to Para. 1, if the
p.(None): principles according to Art. 23 b are observed.
p.(None):
p.(None):
p.(None): Art. 24
p.(None): Contracts Relating to Medical Activity
p.(None):
p.(None): Prior to signature, physicians are to submit all contracts regarding their medical activity to the
p.(None): Chamber of Physicians to permit assessment as to whether professional interests are safeguarded.
p.(None):
p.(None):
p.(None): Art. 25
p.(None): Medical Opinions and References
p.(None):
p.(None): When providing medical opinions and references, physicians must proceed with the necessary care and express their
p.(None): medical conviction to the best of their knowledge. Medical opinions and references which physicians are obliged to
p.(None): issue, or which they have agreed to issue, are to be delivered within a reasonable period. References for employees, as
p.(None): well as for physicians undergoing specialty training, must always be issued within three months of being
p.(None): requested, or without delay in the event of leaving.
p.(None):
p.(None):
p.(None): Art. 26
p.(None): Medical Emergency Service
p.(None):
p.(None): Physicians are obliged to participate in emergency service and on-call duty in accordance with the state
p.(None): Health Professions and Chamber Laws and the statutes adopted on the basis of these.
p.(None):
p.(None): - 25 -
p.(None):
p.(None): 2. Professional Communication
p.(None):
p.(None): Art. 27 4
p.(None): Permitted Information and Advertising in Breach of Professional Ethics
p.(None):
p.(None): (1) The purpose of the following provisions of the Professional Code is to ensure patient protection by means of
p.(None): appropriate and reasonable information, and to avoid any commercialisation of the medical profession, which is
p.(None): contrary to the self-perception of the physician.
p.(None):
p.(None): (2) On this basis, physicians are permitted to provide objective professionally related information.
p.(None): (3) Advertising by physicians which breaches professional ethics is banned. This refers particularly to
p.(None): advertising that is praising, misleading or comparative. Physicians may neither occasion nor tolerate such
p.(None): advertising by third parties. Advertisements for one’s own commercial activities or products, or the
...
Social / gender
Searching for indicator gender:
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p.(None):
p.(None): Art. 30 Medical Independence Art. 31 Impermissible Allocation Art. 32 Impermissible Donations
p.(None): Art. 33 Donations during Contractual Cooperation
p.(None):
p.(None): - 4 -
p.(None):
p.(None): World Medical Association
p.(None):
p.(None): Declaration of Geneva
p.(None):
p.(None): Adopted by the 2nd General Assembly of the World Medical Association, Geneva,
p.(None): Switzerland, September 1948
p.(None):
p.(None): and amended by the 22nd World Medical Assembly, Sydney, Australia, August 1968 and the 35th World Medical Assembly,
p.(None): Venice, Italy, October 1983
p.(None): and the 46th WMA General Assembly, Stockholm, Sweden, September 1994
p.(None):
p.(None): and editorially revised by the 170th WMA Council Session, Divonne-les-Bains, France,
p.(None): May 2005
p.(None):
p.(None): and the 173rd WMA Council Session, Divonne-les-Bains, France, May 2006
p.(None):
p.(None): and amended by the 68th WMA General Assembly, Chicago, United States, October 2017
p.(None):
p.(None):
p.(None):
p.(None): The Physician’s Pledge
p.(None):
p.(None): AS A MEMBER OF THE MEDICAL PROFESSION:
p.(None):
p.(None): I SOLEMNLY PLEDGE to dedicate my life to the service of humanity;
p.(None):
p.(None): THE HEALTH AND WELL-BEING OF MY PATIENT will be my first consideration; I WILL RESPECT the autonomy and dignity of my
p.(None): patient;
p.(None): I WILL MAINTAIN the utmost respect for human life;
p.(None):
p.(None): I WILL NOT PERMIT considerations of age, disease or disability, creed, ethnic origin, gender, nationality,
p.(None): political affiliation, race, sexual orientation, social standing or any other factor to intervene between my
p.(None): duty and my patient;
p.(None): I WILL RESPECT the secrets that are confided in me, even after the patient has died;
p.(None):
p.(None): I WILL PRACTISE my profession with conscience and dignity and in accordance with good medical practice;
p.(None): I WILL FOSTER the honour and noble traditions of the medical profession;
p.(None):
p.(None): - 5 -
p.(None):
p.(None): I WILL GIVE to my teachers, colleagues, and students the respect and gratitude that is their due;
p.(None): I WILL SHARE my medical knowledge for the benefit of the patient and the advancement of
p.(None): healthcare;
p.(None): I WILL ATTEND TO my own health, well-being, and abilities in order to provide care of the highest standard;
p.(None): I WILL NOT USE my medical knowledge to violate human rights and civil liberties, even under threat;
p.(None): I MAKE THESE PROMISES solemnly, freely, and upon my honour.
p.(None):
p.(None): - 6 -
p.(None):
p.(None): A. Preamble
p.(None):
p.(None): The Professional Code, adopted on the basis of the Health Professions and Chamber Regulations, embodies the
p.(None): conviction of the medical community concerning the conduct of physicians towards patients, colleagues and other
p.(None): partners in the health sector, as well as their conduct in public. For this purpose, the physicians in Germany have
p.(None): provided themselves with the following Professional Code. By defining the professional duties of
...
Social / philosophical differences/differences of opinion
Searching for indicator opinion:
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p.(None): legal obligations. The attending physician should generally not refuse the reasonable request of the patient to consult
p.(None): a further physician or to be referred to another physician.
p.(None):
p.(None): (3) Physicians must cooperate with other physicians and members of (allied) health professions in the
p.(None): best interests of the patient. Insofar as necessary for diagnosis and treatment, they must promptly consult with other
p.(None): physicians or refer the patient to them for continuation of treatment.
p.(None):
p.(None): (4) Physicians provide medical consultation and treatment to patients through direct, personal contact.
p.(None): They may also use communications media to assist in this process. It is permissible in individual cases for medical
p.(None): consultation or treatment to be provided exclusively via communications media where it is medically
p.(None): justifiable and where the necessary medical care is ensured, particularly through the manner in which
p.(None): diagnostic assessment, medical
p.(None):
p.(None): - 10 -
p.(None):
p.(None): consultation, treatment and documentation are carried out, and where the patient is also informed
p.(None): about the particularities of receiving medical consultation and treatment exclusively via communications
p.(None): media.
p.(None):
p.(None): (5) Patients' family members and other persons may be present during examination and treatment
p.(None): with the consent of the responsible physician and the patient.
p.(None):
p.(None): (6) Physicians must pay due attention to patients and deal with patient criticism and differences of opinion in
p.(None): a factual and correct manner.
p.(None):
p.(None): (7) When referring patients to colleagues or physician-led institutions, physicians must promptly transfer
p.(None): diagnostic findings and information about previous treatment insofar as the patient's consent has been given or
p.(None): can be assumed. This applies in particular to admission and discharge from hospital. Original documents must be
p.(None): returned.
p.(None):
p.(None): (8) Physicians may not aid abuse of their prescriptions.
p.(None):
p.(None):
p.(None):
p.(None): Art. 8 1
p.(None): Obligation to Provide Information
p.(None):
p.(None): Physicians require the informed consent of the patient to treatment. Before giving his or her consent, the patient must
p.(None): always be provided with the necessary information in a personal consultation. The nature, significance and
p.(None): implications of the treatment, including alternative treatments and associated risks, must be made clear
p.(None): to the patient in a comprehensible and appropriate manner during this consultation, particularly
p.(None): before operative interventions. A sufficient period for reflection should be ensured as far as possible before further
p.(None): treatment, particularly before diagnostic or operative interventions. The less medically necessary a procedure
p.(None): is, or the more significant its implications, the more comprehensively and emphatically patients should be
p.(None): informed of attainable results and risks.
p.(None):
p.(None):
p.(None):
...
p.(None): 3. Denoted key fields of activity, and
p.(None): 4. Organisational information.
p.(None): The titles acquired according to No. 1 may only be used in the form permitted under the Specialty Training
p.(None): Regulations. Reference to the conferring Chamber of Physicians is permissible.
p.(None): Other qualifications and key fields of activity may only be announced if this information cannot be
p.(None): confused with the qualifications acquired under regulated specialty training.
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): 4 Notes and explanations on Arts. 27 ff. of the (Model) Professional Code, adopted by the competent Committees of the
p.(None): German Medical Association on 12 August 2003, were published in No. 5 of the Deutsches Ärzteblatt of 30 January 2004.
p.(None):
p.(None): - 26 -
p.(None):
p.(None): (5) The information according to Para. 4 Nos. 1 to 3 may only be given if the physician does not
p.(None): only practise the encompassed activities on an occasional basis.
p.(None):
p.(None): (6) Upon request, physicians must submit to the Chamber of Physicians the documents necessary for
p.(None): verifying the prerequisites for the announcement. The Chamber of Physicians is entitled to demand supplementary
p.(None): information.
p.(None):
p.(None):
p.(None): Art. 28
p.(None): - Repealed -
p.(None):
p.(None):
p.(None):
p.(None): 3. Professional Cooperation
p.(None):
p.(None): Art. 29
p.(None): Cooperation Between Colleagues
p.(None):
p.(None): (1) Physicians must behave as colleagues towards each other. This does not affect the obligation to
p.(None): express medical convictions to the best of their knowledge in giving an expert opinion, even where the
p.(None): treatment methods of another physician are involved. Non-objective criticism of the treatment methods
p.(None): or the professional knowledge of a physician, as well as disparaging comments, is in breach of professional ethics.
p.(None):
p.(None): (2) It is in breach of professional ethics to oust a colleague from his or her treatment activity,
p.(None): or from competition for a professional activity, by means of unfair actions. It is particularly against professional
p.(None): ethics if, within a period of one year and without the consent of the owner of the practice, physicians set up their
p.(None): own practice in the catchment area of the practice where they spent at least three months in basic or
p.(None): specialty training. It is likewise against professional ethics to unfairly employ a colleague
p.(None): without reasonable remuneration or without payment, or to bring about or tolerate such
p.(None): employment.
p.(None):
p.(None): (3) Physicians with an income resulting from the entitlement to bill for services rendered or other
p.(None): medical activity (e.g. participation allowance) are obliged to
p.(None):
p.(None): - 27 -
p.(None):
p.(None): grant colleagues who they have called in to perform medical activities appropriate remuneration or otherwise
p.(None): ensure that their work is appropriately remunerated.
p.(None):
p.(None): (4) Criticism of medical activity and reprimanding instructions may not be expressed in the
...
Social / widows
Searching for indicator widow:
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p.(None): practice presupposes management of the practice by the physician who established the practice. The
p.(None): physician must notify the Chamber of Physicians of the employment of a salaried physician.
p.(None):
p.(None): (2) In cases where the treatment of a patient can regularly only be performed jointly by physicians
p.(None): of different medical specialties, a specialist as owner of the practice may also render medical services outside
p.(None): his or her discipline through an employed specialist of the other discipline.
p.(None):
p.(None): (3) Physicians may only be employed on reasonable terms. Reasonable terms are, in particular,
p.(None): terms that grant the employed physician reasonable remuneration, as well as reasonable time for
p.(None): continuing medical education, and that provide for payment of reasonable compensation in the event of a restraint
p.(None): of competition being stipulated.
p.(None):
p.(None): (4) The patients must be appropriately informed about the employed physicians working in the practice.
p.(None):
p.(None): - 20 -
p.(None):
p.(None):
p.(None):
p.(None): Art. 20 Deputising
p.(None):
p.(None): (1) Established practise-based physicians should generally be willing to deputise for each other; patients taken
p.(None): over are to be referred back at the end of the deputising period. Physicians may generally only have themselves
p.(None): deputised for by a specialist of the same discipline.
p.(None):
p.(None): (2) The practice of a deceased physician can continue to be run by another physician for the benefit
p.(None): of the widow/widower, her or his partner based on the Act on Registered Life Partnerships or a dependent relative,
p.(None): generally for a period of up to six months after the end of the calendar quarter in which death occurred.
p.(None):
p.(None):
p.(None):
p.(None): Art. 21 Liability Insurance
p.(None):
p.(None): Physicians are obliged to sufficiently insure themselves against liability claims arising in the context of their
p.(None): professional activity.
p.(None):
p.(None):
p.(None): Art. 22
p.(None): - Repealed -
p.(None):
p.(None):
p.(None):
p.(None): Art. 23 Employed Physicians
p.(None):
p.(None): (1) The rules of this Professional Code also apply to physicians who perform their medical activity in the
p.(None): framework of a private-law employment contract or a civil service contract.
p.(None):
p.(None): (2) Even in an employment or civil service contract, a physician may not agree to such remuneration of his or
p.(None): her medical activity that the remuneration impairs the independence of the physician's medical decisions.
p.(None):
p.(None): - 21 -
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): Art. 23 a Medical Firms
p.(None):
p.(None): (1) Physicians can also perform their medical activity in the form of a legal personality governed by
p.(None): private law. The partners in a medical firm may only be physicians and members of the professions named in Art.
p.(None): 23 b Para. 1, first sentence. They must be professionally active in the firm. It must additionally
p.(None): be ensured that
p.(None):
p.(None): a) A physician acts as the responsible manager of the firm; the majority of the managing directors must be
p.(None): physicians,
...
Searching for indicator widower:
(return to top)
p.(None): physician must notify the Chamber of Physicians of the employment of a salaried physician.
p.(None):
p.(None): (2) In cases where the treatment of a patient can regularly only be performed jointly by physicians
p.(None): of different medical specialties, a specialist as owner of the practice may also render medical services outside
p.(None): his or her discipline through an employed specialist of the other discipline.
p.(None):
p.(None): (3) Physicians may only be employed on reasonable terms. Reasonable terms are, in particular,
p.(None): terms that grant the employed physician reasonable remuneration, as well as reasonable time for
p.(None): continuing medical education, and that provide for payment of reasonable compensation in the event of a restraint
p.(None): of competition being stipulated.
p.(None):
p.(None): (4) The patients must be appropriately informed about the employed physicians working in the practice.
p.(None):
p.(None): - 20 -
p.(None):
p.(None):
p.(None):
p.(None): Art. 20 Deputising
p.(None):
p.(None): (1) Established practise-based physicians should generally be willing to deputise for each other; patients taken
p.(None): over are to be referred back at the end of the deputising period. Physicians may generally only have themselves
p.(None): deputised for by a specialist of the same discipline.
p.(None):
p.(None): (2) The practice of a deceased physician can continue to be run by another physician for the benefit
p.(None): of the widow/widower, her or his partner based on the Act on Registered Life Partnerships or a dependent relative,
p.(None): generally for a period of up to six months after the end of the calendar quarter in which death occurred.
p.(None):
p.(None):
p.(None):
p.(None): Art. 21 Liability Insurance
p.(None):
p.(None): Physicians are obliged to sufficiently insure themselves against liability claims arising in the context of their
p.(None): professional activity.
p.(None):
p.(None):
p.(None): Art. 22
p.(None): - Repealed -
p.(None):
p.(None):
p.(None):
p.(None): Art. 23 Employed Physicians
p.(None):
p.(None): (1) The rules of this Professional Code also apply to physicians who perform their medical activity in the
p.(None): framework of a private-law employment contract or a civil service contract.
p.(None):
p.(None): (2) Even in an employment or civil service contract, a physician may not agree to such remuneration of his or
p.(None): her medical activity that the remuneration impairs the independence of the physician's medical decisions.
p.(None):
p.(None): - 21 -
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): Art. 23 a Medical Firms
p.(None):
p.(None): (1) Physicians can also perform their medical activity in the form of a legal personality governed by
p.(None): private law. The partners in a medical firm may only be physicians and members of the professions named in Art.
p.(None): 23 b Para. 1, first sentence. They must be professionally active in the firm. It must additionally
p.(None): be ensured that
p.(None):
p.(None): a) A physician acts as the responsible manager of the firm; the majority of the managing directors must be
p.(None): physicians,
p.(None): b) The majority of the capital shares and the voting rights are held by physicians,
...
General/Other / Dependent
Searching for indicator dependent:
(return to top)
p.(None): interdisciplinary Ethics Committee set up according to state law, before conducting the research. The same applies
p.(None): prior to conducting legally permitted research on viable human gametes and living embryonic tissue.
p.(None):
p.(None): (2) Publications of research results must disclose the relationship between the physician and the
p.(None): sponsor and its interests.
p.(None):
p.(None): (3) In research involving human subjects according to Art. 15, Para. 1, physicians observe the ethical
p.(None): principles for medical research on human subjects set out in the World Medical Association's Declaration of Helsinki as
p.(None): amended by the 64th General Assembly in Fortaleza in 2013.
p.(None):
p.(None):
p.(None): Art. 16 Support for the Dying
p.(None):
p.(None): Physicians must support the dying while preserving their dignity and respecting their wishes. They are forbidden to
p.(None): kill patients upon their request. They may not perform assisted suicide.
p.(None):
p.(None):
p.(None): IV. Professional Conduct
p.(None):
p.(None): 1. Professional Practice
p.(None):
p.(None):
p.(None):
p.(None): 3 Recommendations regarding the application of Art. 3 Para. 7 of the (Model) Professional Code as amended by the 98th
p.(None): German Medical Assembly (now Art. 15) - Confidentiality and Medical Research - were adopted by the Executive Board of
p.(None): the German Medical Association at its meeting on 8 March 1991.
p.(None):
p.(None): - 16 -
p.(None):
p.(None): Art. 17
p.(None): Establishment and Running of a Practice
p.(None):
p.(None): (1) The exercise of ambulatory physician's activities outside hospitals, including licensed private clinics,
p.(None): is dependent on the establishment of a practice (registered practice office), unless otherwise
p.(None): permitted by statutory regulations.
p.(None):
p.(None): (2) Physicians are permitted to engage in medical activity at two further locations, above and beyond the
p.(None): registered practice office. Physicians must make arrangements to ensure correct care of their patients at every
p.(None): location of their activities.
p.(None):
p.(None): (3) The peripatetic exercise of ambulatory medical activity is contrary to the professional code of
p.(None): conduct. For the purpose of outreach medical healthcare, the Chamber of Physicians can, at the request of the
p.(None): physician, allow exceptions to the obligation in Para. 1 if it is ensured that professional concerns are
p.(None): not impaired and the Professional Code is observed.
p.(None):
p.(None): (4) The registered practice office must be identified by a practice nameplate. On this practice nameplate
p.(None): physicians must indicate
p.(None): - The name,
p.(None): - The (specialist) medical qualification,
p.(None): - The consulting hours, and
p.(None): - If applicable, membership of an association for practice of the profession
p.(None): (Berufsausübungsgemeinschaft) pursuant to Art. 18 a.
p.(None): Physicians who are not directly engaged in active patient-related practice can dispense with indicating their
p.(None): registered practice office by a practice nameplate if they report this to the Chamber of Physicians.
p.(None):
p.(None): (5) Physicians must notify the Chamber of Physicians without delay of the place and time of commencing
...
p.(None): physician must notify the Chamber of Physicians of the employment of a salaried physician.
p.(None):
p.(None): (2) In cases where the treatment of a patient can regularly only be performed jointly by physicians
p.(None): of different medical specialties, a specialist as owner of the practice may also render medical services outside
p.(None): his or her discipline through an employed specialist of the other discipline.
p.(None):
p.(None): (3) Physicians may only be employed on reasonable terms. Reasonable terms are, in particular,
p.(None): terms that grant the employed physician reasonable remuneration, as well as reasonable time for
p.(None): continuing medical education, and that provide for payment of reasonable compensation in the event of a restraint
p.(None): of competition being stipulated.
p.(None):
p.(None): (4) The patients must be appropriately informed about the employed physicians working in the practice.
p.(None):
p.(None): - 20 -
p.(None):
p.(None):
p.(None):
p.(None): Art. 20 Deputising
p.(None):
p.(None): (1) Established practise-based physicians should generally be willing to deputise for each other; patients taken
p.(None): over are to be referred back at the end of the deputising period. Physicians may generally only have themselves
p.(None): deputised for by a specialist of the same discipline.
p.(None):
p.(None): (2) The practice of a deceased physician can continue to be run by another physician for the benefit
p.(None): of the widow/widower, her or his partner based on the Act on Registered Life Partnerships or a dependent relative,
p.(None): generally for a period of up to six months after the end of the calendar quarter in which death occurred.
p.(None):
p.(None):
p.(None):
p.(None): Art. 21 Liability Insurance
p.(None):
p.(None): Physicians are obliged to sufficiently insure themselves against liability claims arising in the context of their
p.(None): professional activity.
p.(None):
p.(None):
p.(None): Art. 22
p.(None): - Repealed -
p.(None):
p.(None):
p.(None):
p.(None): Art. 23 Employed Physicians
p.(None):
p.(None): (1) The rules of this Professional Code also apply to physicians who perform their medical activity in the
p.(None): framework of a private-law employment contract or a civil service contract.
p.(None):
p.(None): (2) Even in an employment or civil service contract, a physician may not agree to such remuneration of his or
p.(None): her medical activity that the remuneration impairs the independence of the physician's medical decisions.
p.(None):
p.(None): - 21 -
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): Art. 23 a Medical Firms
p.(None):
p.(None): (1) Physicians can also perform their medical activity in the form of a legal personality governed by
p.(None): private law. The partners in a medical firm may only be physicians and members of the professions named in Art.
p.(None): 23 b Para. 1, first sentence. They must be professionally active in the firm. It must additionally
p.(None): be ensured that
p.(None):
p.(None): a) A physician acts as the responsible manager of the firm; the majority of the managing directors must be
p.(None): physicians,
p.(None): b) The majority of the capital shares and the voting rights are held by physicians,
p.(None): c) Third parties do not participate in the firm's profits,
...
General/Other / Impaired Autonomy
Searching for indicator autonomy:
(return to top)
p.(None):
p.(None): Art. 27 Permitted Information and Advertising in Breach of Professional Ethics Art. 28 Repealed
p.(None):
p.(None): 3. Professional Cooperation
p.(None):
p.(None): Art. 29 Cooperation Between Colleagues Art. 29 a Cooperation with Third Parties
p.(None):
p.(None): 4. Safeguarding of Medical Independence in Cooperation with Third Parties
p.(None):
p.(None): Art. 30 Medical Independence Art. 31 Impermissible Allocation Art. 32 Impermissible Donations
p.(None): Art. 33 Donations during Contractual Cooperation
p.(None):
p.(None): - 4 -
p.(None):
p.(None): World Medical Association
p.(None):
p.(None): Declaration of Geneva
p.(None):
p.(None): Adopted by the 2nd General Assembly of the World Medical Association, Geneva,
p.(None): Switzerland, September 1948
p.(None):
p.(None): and amended by the 22nd World Medical Assembly, Sydney, Australia, August 1968 and the 35th World Medical Assembly,
p.(None): Venice, Italy, October 1983
p.(None): and the 46th WMA General Assembly, Stockholm, Sweden, September 1994
p.(None):
p.(None): and editorially revised by the 170th WMA Council Session, Divonne-les-Bains, France,
p.(None): May 2005
p.(None):
p.(None): and the 173rd WMA Council Session, Divonne-les-Bains, France, May 2006
p.(None):
p.(None): and amended by the 68th WMA General Assembly, Chicago, United States, October 2017
p.(None):
p.(None):
p.(None):
p.(None): The Physician’s Pledge
p.(None):
p.(None): AS A MEMBER OF THE MEDICAL PROFESSION:
p.(None):
p.(None): I SOLEMNLY PLEDGE to dedicate my life to the service of humanity;
p.(None):
p.(None): THE HEALTH AND WELL-BEING OF MY PATIENT will be my first consideration; I WILL RESPECT the autonomy and dignity of my
p.(None): patient;
p.(None): I WILL MAINTAIN the utmost respect for human life;
p.(None):
p.(None): I WILL NOT PERMIT considerations of age, disease or disability, creed, ethnic origin, gender, nationality,
p.(None): political affiliation, race, sexual orientation, social standing or any other factor to intervene between my
p.(None): duty and my patient;
p.(None): I WILL RESPECT the secrets that are confided in me, even after the patient has died;
p.(None):
p.(None): I WILL PRACTISE my profession with conscience and dignity and in accordance with good medical practice;
p.(None): I WILL FOSTER the honour and noble traditions of the medical profession;
p.(None):
p.(None): - 5 -
p.(None):
p.(None): I WILL GIVE to my teachers, colleagues, and students the respect and gratitude that is their due;
p.(None): I WILL SHARE my medical knowledge for the benefit of the patient and the advancement of
p.(None): healthcare;
p.(None): I WILL ATTEND TO my own health, well-being, and abilities in order to provide care of the highest standard;
p.(None): I WILL NOT USE my medical knowledge to violate human rights and civil liberties, even under threat;
p.(None): I MAKE THESE PROMISES solemnly, freely, and upon my honour.
p.(None):
p.(None): - 6 -
p.(None):
p.(None): A. Preamble
p.(None):
p.(None): The Professional Code, adopted on the basis of the Health Professions and Chamber Regulations, embodies the
...
General/Other / Public Emergency
Searching for indicator emergency:
(return to top)
p.(None):
p.(None):
p.(None): II. Duties Towards Patients
p.(None):
p.(None): Art. 7 Treatment Principles and Rules of Conduct Art. 8 Obligation to Provide Information
p.(None): Art. 9 Confidentiality
p.(None): Art. 10 Obligation to Keep Medical Records
p.(None): Art. 11 Medical Examination and Treatment Methods Art. 12 Fee and Remuneration Agreements
p.(None):
p.(None):
p.(None): III. Special Medical Procedures and Research
p.(None):
p.(None): Art. 13 Special Medical Procedures
p.(None): Art. 14 Preservation of Unborn Life and Termination of Pregnancy Art. 15 Research
p.(None): Art. 16 Support for the Dying
p.(None):
p.(None):
p.(None): IV. Professional Conduct
p.(None):
p.(None): 1. Professional Practice
p.(None):
p.(None): Art. 17 Establishment and Running of a Practice Art. 18 Professional Collaboration
p.(None): Art. 18 a Announcement of Associations for Practice of the Profession (Berufsausübungsgemeinschaften) and Other
p.(None): Forms of Cooperation
p.(None): Art. 19 Employment of Salaried Physicians in Practices Art. 20 Deputising
p.(None): Art. 21 Liability Insurance Art. 22 Repealed
p.(None): Art. 23 Employed Physicians Art. 23 a Medical Firms
p.(None):
p.(None): - 3 -
p.(None):
p.(None): Art. 23 b Medical Cooperative Associations (Kooperationsgemeinschaften) of Physicians and Members of Other
p.(None): Specialist Professions
p.(None): Art. 23 c Participation of Physicians in Other Partnerships Art. 23 d Practice Network
p.(None): Art. 24 Contracts Relating to Medical Activity Art. 25 Medical Opinions and References Art. 26
p.(None): Medical Emergency Service
p.(None):
p.(None): 2. Professional Communication
p.(None):
p.(None): Art. 27 Permitted Information and Advertising in Breach of Professional Ethics Art. 28 Repealed
p.(None):
p.(None): 3. Professional Cooperation
p.(None):
p.(None): Art. 29 Cooperation Between Colleagues Art. 29 a Cooperation with Third Parties
p.(None):
p.(None): 4. Safeguarding of Medical Independence in Cooperation with Third Parties
p.(None):
p.(None): Art. 30 Medical Independence Art. 31 Impermissible Allocation Art. 32 Impermissible Donations
p.(None): Art. 33 Donations during Contractual Cooperation
p.(None):
p.(None): - 4 -
p.(None):
p.(None): World Medical Association
p.(None):
p.(None): Declaration of Geneva
p.(None):
p.(None): Adopted by the 2nd General Assembly of the World Medical Association, Geneva,
p.(None): Switzerland, September 1948
p.(None):
p.(None): and amended by the 22nd World Medical Assembly, Sydney, Australia, August 1968 and the 35th World Medical Assembly,
p.(None): Venice, Italy, October 1983
p.(None): and the 46th WMA General Assembly, Stockholm, Sweden, September 1994
p.(None):
p.(None): and editorially revised by the 170th WMA Council Session, Divonne-les-Bains, France,
p.(None): May 2005
p.(None):
p.(None): and the 173rd WMA Council Session, Divonne-les-Bains, France, May 2006
p.(None):
p.(None): and amended by the 68th WMA General Assembly, Chicago, United States, October 2017
p.(None):
p.(None):
p.(None):
p.(None): The Physician’s Pledge
p.(None):
p.(None): AS A MEMBER OF THE MEDICAL PROFESSION:
p.(None):
p.(None): I SOLEMNLY PLEDGE to dedicate my life to the service of humanity;
p.(None):
...
p.(None): referral to physicians not belonging to the network if it is medically required or requested by the patient.
p.(None):
p.(None): - 24 -
p.(None):
p.(None): (2) The terms of cooperation according to Para. 1 must be set down in a written agreement that must be submitted
p.(None): to the Chamber of Physicians.
p.(None):
p.(None): (3) Hospitals, preventive and rehabilitation clinics and members of other healthcare
p.(None): professions according to Art. 23 b can also be included in cooperation according to Para. 1, if the
p.(None): principles according to Art. 23 b are observed.
p.(None):
p.(None):
p.(None): Art. 24
p.(None): Contracts Relating to Medical Activity
p.(None):
p.(None): Prior to signature, physicians are to submit all contracts regarding their medical activity to the
p.(None): Chamber of Physicians to permit assessment as to whether professional interests are safeguarded.
p.(None):
p.(None):
p.(None): Art. 25
p.(None): Medical Opinions and References
p.(None):
p.(None): When providing medical opinions and references, physicians must proceed with the necessary care and express their
p.(None): medical conviction to the best of their knowledge. Medical opinions and references which physicians are obliged to
p.(None): issue, or which they have agreed to issue, are to be delivered within a reasonable period. References for employees, as
p.(None): well as for physicians undergoing specialty training, must always be issued within three months of being
p.(None): requested, or without delay in the event of leaving.
p.(None):
p.(None):
p.(None): Art. 26
p.(None): Medical Emergency Service
p.(None):
p.(None): Physicians are obliged to participate in emergency service and on-call duty in accordance with the state
p.(None): Health Professions and Chamber Laws and the statutes adopted on the basis of these.
p.(None):
p.(None): - 25 -
p.(None):
p.(None): 2. Professional Communication
p.(None):
p.(None): Art. 27 4
p.(None): Permitted Information and Advertising in Breach of Professional Ethics
p.(None):
p.(None): (1) The purpose of the following provisions of the Professional Code is to ensure patient protection by means of
p.(None): appropriate and reasonable information, and to avoid any commercialisation of the medical profession, which is
p.(None): contrary to the self-perception of the physician.
p.(None):
p.(None): (2) On this basis, physicians are permitted to provide objective professionally related information.
p.(None): (3) Advertising by physicians which breaches professional ethics is banned. This refers particularly to
p.(None): advertising that is praising, misleading or comparative. Physicians may neither occasion nor tolerate such
p.(None): advertising by third parties. Advertisements for one’s own commercial activities or products, or the
p.(None): commercial activities or products of others in connection with professional activity, are inadmissible.
p.(None): Advertising bans based on other statutory provisions remain unaffected.
p.(None):
p.(None): (4) Physicians can announce the following:
p.(None): 1. Titles acquired pursuant to the Specialty Training Regulations,
p.(None): 2. Qualifications acquired according to other public-law regulations,
p.(None): 3. Denoted key fields of activity, and
p.(None): 4. Organisational information.
...
General/Other / Relationship to Authority
Searching for indicator authority:
(return to top)
p.(None): Continuing Medical Education
p.(None):
p.(None): (1) Physicians who practise their profession are obliged to engage in continuing medical education to the
p.(None): extent necessary to maintain and develop the competence required in practising their profession.
p.(None):
p.(None): (2) On request, physicians must furnish proof of their continuing medical education according
p.(None): to Para. 1 to the Chamber of Physicians in the form of a Continuing Medical Education Certificate from a Chamber of
p.(None): Physicians.
p.(None):
p.(None):
p.(None): Art. 5 Quality Assurance
p.(None):
p.(None): Physicians are obliged to take part in the measures introduced by the Chamber of Physicians to assure the quality
p.(None): of medical activity, and to provide the Chamber of Physicians with the information necessary for this purpose.
p.(None):
p.(None): - 9 -
p.(None):
p.(None): Art. 6
p.(None): Reporting of Adverse Drug Reactions (unerwünschte Arzneimittelwirkungen)
p.(None):
p.(None): Physicians are obliged to report unintended drug reactions (unerwünschte Arzneimittelwirkungen) coming
p.(None): to their attention in the context of their therapeutic activity to the Drug Commission of the German
p.(None): Medical Profession (Specialist Committee of the German Medical Association) and incidents relating to the use of
p.(None): medical devices to the relevant competent authority.
p.(None):
p.(None):
p.(None): II. Duties Towards Patients
p.(None):
p.(None): Art. 7
p.(None): Treatment Principles and Rules of Conduct
p.(None):
p.(None): (1) Any and all medical treatment must be provided in such a way that human dignity is preserved and
p.(None): the patient's personality, will and rights are respected, particularly the right of self-determination. The
p.(None): patient’s right to refuse recommended examination and treatment measures is to be respected.
p.(None):
p.(None): (2) Physicians respect the right of their patients to select or change their physician freely. On
p.(None): the other hand, physicians are also free to refuse treatment - except in emergencies or in the event of special
p.(None): legal obligations. The attending physician should generally not refuse the reasonable request of the patient to consult
p.(None): a further physician or to be referred to another physician.
p.(None):
p.(None): (3) Physicians must cooperate with other physicians and members of (allied) health professions in the
p.(None): best interests of the patient. Insofar as necessary for diagnosis and treatment, they must promptly consult with other
p.(None): physicians or refer the patient to them for continuation of treatment.
p.(None):
p.(None): (4) Physicians provide medical consultation and treatment to patients through direct, personal contact.
p.(None): They may also use communications media to assist in this process. It is permissible in individual cases for medical
p.(None): consultation or treatment to be provided exclusively via communications media where it is medically
...
General/Other / declaration of helsinki
Searching for indicator helsinki:
(return to top)
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): 2 Special medical procedures include, for example, assisted reproduction, the amended Guidelines for which were
p.(None): published in No. 20 of the Deutsches Ärzteblatt of 19 May 2006. As a rule, the Guidelines on assisted reproductive
p.(None): medicine have been incorporated into professional law by the Chambers of Physicians.
p.(None):
p.(None): - 15 -
p.(None):
p.(None): Art. 15 3
p.(None): Research
p.(None):
p.(None): (1) Physicians who participate in a research project which invades the mental or physical integrity of a
p.(None): human being, or uses human body material or data which can be traced to a particular individual, must
p.(None): ensure that advice on questions of professional ethics and professional conduct associated with the project is
p.(None): obtained from an Ethics Committee established at the responsible Chamber of Physicians, or from another independent,
p.(None): interdisciplinary Ethics Committee set up according to state law, before conducting the research. The same applies
p.(None): prior to conducting legally permitted research on viable human gametes and living embryonic tissue.
p.(None):
p.(None): (2) Publications of research results must disclose the relationship between the physician and the
p.(None): sponsor and its interests.
p.(None):
p.(None): (3) In research involving human subjects according to Art. 15, Para. 1, physicians observe the ethical
p.(None): principles for medical research on human subjects set out in the World Medical Association's Declaration of Helsinki as
p.(None): amended by the 64th General Assembly in Fortaleza in 2013.
p.(None):
p.(None):
p.(None): Art. 16 Support for the Dying
p.(None):
p.(None): Physicians must support the dying while preserving their dignity and respecting their wishes. They are forbidden to
p.(None): kill patients upon their request. They may not perform assisted suicide.
p.(None):
p.(None):
p.(None): IV. Professional Conduct
p.(None):
p.(None): 1. Professional Practice
p.(None):
p.(None):
p.(None):
p.(None): 3 Recommendations regarding the application of Art. 3 Para. 7 of the (Model) Professional Code as amended by the 98th
p.(None): German Medical Assembly (now Art. 15) - Confidentiality and Medical Research - were adopted by the Executive Board of
p.(None): the German Medical Association at its meeting on 8 March 1991.
p.(None):
p.(None): - 16 -
p.(None):
p.(None): Art. 17
p.(None): Establishment and Running of a Practice
p.(None):
p.(None): (1) The exercise of ambulatory physician's activities outside hospitals, including licensed private clinics,
p.(None): is dependent on the establishment of a practice (registered practice office), unless otherwise
p.(None): permitted by statutory regulations.
p.(None):
p.(None): (2) Physicians are permitted to engage in medical activity at two further locations, above and beyond the
p.(None): registered practice office. Physicians must make arrangements to ensure correct care of their patients at every
p.(None): location of their activities.
p.(None):
p.(None): (3) The peripatetic exercise of ambulatory medical activity is contrary to the professional code of
p.(None): conduct. For the purpose of outreach medical healthcare, the Chamber of Physicians can, at the request of the
...
Orphaned Trigger Words
p.(None):
p.(None): the PartGG or, on the basis of a written agreement on the formation of a cooperative association, in the
p.(None): legal form of a civil-law partnership or a legal personality governed by private law pursuant to Art.
p.(None): 23 a. Specifically, physicians are permitted to form such an association only with such other
p.(None): professionals and in such a way that the latter, in conjunction with the physician, can fulfil a parallel
p.(None): or integrating diagnostic or therapeutic purpose in therapeutic treatment, as well as in the field of prevention and
p.(None): rehabilitation, through spatially close and coordinated interaction of all the participating professionals.
p.(None): Moreover, the cooperation agreement must guarantee that
p.(None):
p.(None): a) The personally-responsible and independent practice of the profession by the physician is ensured;
p.(None): b) The spheres of responsibility of the partners remain separate vis-à-vis the patients;
p.(None): c) Medical decisions, particularly on diagnostics and therapy, are taken exclusively by the physician,
p.(None): insofar as the physician is not allowed, under the professional law, to leave such decisions to the members of a
p.(None): different specialist profession working independently in the association;
p.(None): d) The principle of free choice of physician is guaranteed;
p.(None): e) The attending physician can also consult persons other than the professionals cooperating in the
p.(None): association for support in diagnostic measures or for therapy;
p.(None): f) Compliance with the provisions of the code of conduct for physicians is observed by the other
p.(None): partners, in particular the obligation to document, the ban on advertising in breach of professional ethics
p.(None): and the rules for drawing up a fee claim;
p.(None): g) The medical cooperative association (Kooperationsgemeinschaft) undertakes, in legal relations, to
p.(None): indicate the names and professional titles of all partners and - in the case of a registered professional
p.(None): partnership - to use the adjunct "partnership".
p.(None):
p.(None): The prerequisites in letters a) to f) apply, mutatis mutandis, when forming a juristic person governed by
p.(None): private law. The name of the legal personality must include not only the name of a medical shareholder,
p.(None): but also the designation "Medical Cooperative Association". Irrespective of the name, the
p.(None):
p.(None): - 23 -
p.(None):
p.(None): professional titles of all professions working in the association must be announced.
p.(None):
p.(None): (2) The details of the professional composition of the cooperative permissible for participation of the
p.(None): physician are governed by the precept in Para. 1, third sentence, which is fulfilled if members of the
p.(None): above professional groups cooperate who can, together with the physician and in keeping with his or her specialist
p.(None): field, fulfil a jointly achievable medical purpose according to the nature of their professional competence.
p.(None):
p.(None):
p.(None): Art. 23 c
p.(None): Participation of Physicians in Other Partnerships
p.(None):
p.(None): Physicians are permitted to work with members of professions other than those described in Art. 23 b in
p.(None): all legal forms if they do not perform medical activity on people.
p.(None):
p.(None):
p.(None):
p.(None): Art. 23 d Practice Network
p.(None):
p.(None): (1) Without uniting to form an association for practice of the profession, physicians may
...
Appendix
Indicator List
| Indicator | Vulnerability |
|---|
| abuse | Victim of Abuse |
| access | Access to Social Goods |
| age | Age |
| authority | Relationship to Authority |
| autonomy | Impaired Autonomy |
| conviction | Religion |
| dependent | Dependent |
| disability | Mentally Disabled |
| drug | Drug Usage |
| education | education |
| embryo | embryo |
| emergencies | patients in emergency situations |
| emergency | Public Emergency |
| employees | employees |
| ethnic | Ethnicity |
| family | Motherhood/Family |
| foetus | Fetus/Neonate |
| gender | gender |
| helsinki | declaration of helsinki |
| impaired | Cognitive Impairment |
| influence | Drug Usage |
| opinion | philosophical differences/differences of opinion |
| party | political affiliation |
| political | political affiliation |
| race | Racial Minority |
| restricted | Incarcerated |
| threat | Threat of Stigma |
| union | Trade Union Membership |
| widow | widows |
| widower | widows |
Indicator Peers (Indicators in Same Vulnerability)
| Indicator | Peers |
|---|
| drug | ['influence'] |
| influence | ['drug'] |
| party | ['political'] |
| political | ['party'] |
| widow | ['widower'] |
| widower | ['widow'] |
Trigger Words
capacity
consent
ethics
justice
protect
protection
risk
self-determination
welfare
Applicable Type / Vulnerability / Indicator Overlay for this Input