Working in the Dutch Health Sector with a Foreign Certificate
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Table of contents |
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INTRODUCTION
Health Care in the Netherlands |
CHAPTER 4
Work permits and the Dutch language |
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CHAPTER 1
Individual Health Care Professions Act (BIG Act) |
APPENDIX I
List of qualifications from the 'Regulation on the Registration of Foreign Health Care Qualifications' |
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CHAPTER 2
Working with an officially recognised registered title |
APPENDIX II
Addresses |
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CHAPTER 3
Working with an officially recognised training title |
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Health Care in the Netherlands
Health Care in the Netherlands is of a high quality. Professional practitioners, health care institutions, insurers, patient and consumer organisations and the Dutch government all feel strongly about the quality of care on offer.
Individuals in the possession of a foreign qualification who wish to work in the Dutch health sector are expected to meet the requirements set by the Dutch government and others. If you are one of these individuals, the Individual Health Care Professions Act (BIG Act) is of prime importance to you. The BIG Act sets requirements on he quality of professional practice and clarifies the conditions under which a person has the right to use a recognised registered or training title. This publication explains which steps you must take to acquire that right.
TopIndividual Health Care Professions Act (BIG Act
)1 THE MAIN POINTS OF THE BIG ACT
The BIG Act comprises rules for health care by professional practitioners. It aims to advance and safeguard the quality of professional practice and to protect patients from incompetent and negligent acts by professional practitioners. The most important legal instruments are the protection and registration of titles, the competence regulation for restricted acts, disciplinary rules, measures owing to incompetence and penal provisions.
The BIG Act provides two regulations for professions. A regulation which applies to the eight professions included in article three (the article three professions) and a regulation for professions which are regulated on the basis of article 34 of the act (the article 34 professions). Both regulations offer legal protection for titles, although there are two significant differences.
The government only maintains a register for article three professions (the BIG register) and legal disciplinary rules only apply to these professional practitioners.
The BIG Act restricts certain high-risk acts to competent professional practitioners. These restricted acts include surgery, injections, supervising deliveries and anaesthetising patients. Doctors, dentists and obstetricians (belonging to the article three professions) are considered independently competent to perform all or specific restricted acts on their own initiative. Others, such as dental hygienists, nurses and care assistants for example, have the right to perform specific restricted acts, but only under the authority of an independently competent professional. Individuals who perform a restricted act (on one's own initiative or under orders) are only permitted to do so if he or she is competent to perform the act in the proper manner.
The article three professions are covered by the disciplinary rules in accordance with the BIG Act. The main principle of the disciplinary rules is the meticulousness with which care is provided. In principle all disciplinary tribunal meetings are public. Decisions that affect entries in the BIG register are published. The smallest disciplinary measure is a warning, the most stringent is striking from the BIG register.
The penal provisions of the BIG Act apply to everyone working in the field of individual health care. A professional practitioner who damages another's health or is the cause of a considerable chance of such damage owing to an incompetent act is liable to punishment. Individuals who perform restricted acts which they are not permitted to perform, or who order a restricted act to be performed without complying with the relevant legal conditions, or who wrongfully use a legally protected title are also liable to punishment.
You can find more information on the BIG Act in 'Main Points of the BIG Act'. 'Restricted Access' includes information on what restricted acts are and who may perform them under which conditions. You can find information on the legal disciplinary rules in 'Disciplinary Rules in Health Care'. You can request any of these publications from the Public Information Department at the Ministry of Health, Welfare and Sport. The address is included in appendix II at the back of this publication.
Top
LEGALLY RECOGNISED REGISTERED TITLES
The following eight professions have been regulated in accordance with article 3:
These professions are also known as the 'article three professions'. If you wish to practise any of these professions using the relevant title, you will only be permitted to do so once you have been registered in the legal register for the relevant profession, the BIG register. Only those individuals registered in the BIG register have the rights attached to this. For doctors, dentists and obstetricians this also includes the right to perform the respective restricted acts on one's own initiative and independently as referred to in article 36 of the BIG Act. Once you have been registered in the BIG register, you will be subject to the legal disciplinary rules.
If you are in possession of a foreign qualification and you wish to be registered in the BIG register, you can find an easy reference guide to all the possibilities in chapter 2 of this publication.
TopLEGALLY RECOGNISED TRAINING TITLES
The following professions are currently regulated in accordance with article 34 of the BIG Act:
These professions are also known as the 'article 34 professions'. There is no legal register for these professions and no legal disciplinary rules apply.
If you wish to practice any of these professions using the relevant title, you must be in the possession of a certificate relating to a course in the Netherlands regulated or designated by article 34, or be in the possession of a relevant declaration of professional competency, issued by the Dutch Minister of Health, Welfare and Sport. For further information see chapter three of this publication.
TopWorking with an officially recognised registered title
1 WHICH QUALIFICATION DO YOU POSSESS?
2 APPLYING FOR A DECLARATION OF PROFESSIONAL COMPETENCE
A request for a declaration of professional competence can be addressed to the Bureau of Foreign Degree Holders at the Ministry of Health, Welfare and Sport. The address can be found at the back of this publication (see appendix II). You will receive an application form, with a list of documents you must provide.
The following documents must be submitted along with an application for a declaration of professional competence:
The documents, or translations by a sworn translator, must be written in Dutch, English, French or German. Photocopies must also be certified.
The Minister will only deal with the application once all the necessary documents have been submitted. If you are unable to submit all the documents requested, you must provide a written explanation of your reasons. The entire procedure from application to decision typically takes several months. This is necessary to ensure the correct decision is taken.
The Minister can decide to refuse to accept the application if too few documents are available to realise a proper assessment of professional competence.
Top3 ASSESSMENT OF THE APPLICATION
After assessing the application the Minister of Health, Welfare and Sport can take one of three decisions. Either the level professional competence is equivalent, almost equivalent, or not equivalent to that of a practitioner in a comparable profession in the Netherlands. Before the Minister takes one of these three decisions, it will be checked whether the qualification meets the training requirements of the relevant profession.
These requirements are fixed in accordance with the BIG Act. Your work experience and any specialisation are also important in the assessment.
If necessary, the Minister will seek the advice of the Committee of Foreign Degree Holders in Public Health. Depending on your training the committee will request the Netherlands Organisation for International Co- operation in Higher Education NUFFIC or the Association of the National Bodies for Vocational Training COLO to assess your qualification. If necessary the committee will request references or invite you for an interview to obtain further information. The committee may remain doubtful about whether your professional competence can be considered (almost) equivalent to that of a practitioner in a comparable profession in the Netherlands.
They may request you to take a knowledge and proficiency test. The costs of the test are payable by you.
The committee can provide the Minister with one of three recommendations.
Either your professional competence is equivalent, almost equivalent or not equivalent to that of a practitioner in a comparable profession in the Netherlands. Experience shows that the assessment 'equivalent' is less prevalent than 'almost equivalent' or 'not equivalent'. The minister will then take a decision.
Your training and perhaps your work experience allow you to apply for admission to a Dutch training institute. The training institute has the sole right to decide in which year you can enrol and what you still have to do to acquire the Dutch qualification for the relevant profession.
A decision allowing you to register unconditionally in the BIG register will be sent to you immediately. In all other cases the Minister will first send a letter stating what the minister intends to decide. This letter will also include the committee's recommendations to the Minister. You will be given three weeks to react to the Minister's letter. You may provide new facts and circumstances which you feel are relevant to the final decision. You may also request an interview, which will be attended by a representative of the ministry and typically also a representative of the committee. If you do not agree with the Minister's final decision; you may lodge an appeal with the Minister of Health, Welfare and Sport in accordance with General Administrative Law Act.
Top4 PROVISIONAL REGISTRATION IN THE BIG REGISTER
If you are granted provisional registration in the BIG register you will only be able to work under supervision. The period of provisional registration is no more than two years. The purpose of working under supervision is to provide you with the opportunity to fully attain the standard of a practitioner in a comparable profession in the Netherlands. During this period you will also have the opportunity to become fully acquainted with the Dutch health care system. An assessment system set up by the Ministry of Health, Welfare and Sport will be used to determine whether you have attained that standard. If this is the case then you will be able to register unconditionally in the BIG register. See section 9 of this chapter, 'Registration in the BIG register'.
Top5 SUPERVISION
In the case of a declaration of professional competence with restrictions you will receive information on working under supervision and an uncompleted supervision agreement. You must choose your own supervisor.
Together with the supervisor you will plan a work programme and sign a supervision agreement. You should then send the agreement to the Bureau of Foreign Degree Holders at the Ministry of Health, Welfare and Sport.
The supervision period will commence as soon as the Minister has approved the agreement. It is advisable to register provisionally in the BIG register only once this process is complete. If you are already provisionally registered, but fail to sign a supervision agreement in time, the maximum period of registration (two years) could expire without you having worked the required time under supervision. In that case you will lose the right of registration in the BIG register and you will be obliged to submit another request for registration.
The supervisor will hold progress interviews with you at regular intervals. At the end of the period the supervisor will draw up a final report and send it together with the interim evaluations to the above-mentioned Bureau. If the supervision period has been successful, you will receive a declaration of professional competence. The provisional registration will be cancelled and you will automatically be registered unconditionally in the BIG register.
Top6 GAINING EXPERTISE IN THE INTERESTS OF THE COUNTRY OF ORIGIN
It is also possible to request permission to gain expertise through a provisional registration in the BIG register in the interests of your country of origin. If this is the purpose of your registration, you will gain the experience in the Dutch health sector your country needs under strict supervision. The declaration of professional competence will then be issued on the basis of an international co-operation agreement between the Netherlands and the country of origin, or on the basis of co-operation agreements between (university) hospitals or other institutions. Sole purpose is to gain expertise in a specialist area in your profession. This registration cannot be converted into unconditional registration.
You must submit your application, together with all the documents mentioned in chapter 2, point 2, to the Bureau of Foreign Degree Holders at the Ministry of Health, Welfare and Sport. It is important that the Minister is able to process the application quickly. This is only possible if the application meets the following requirements:
7 FAST TRACK APPLICATIONS OF VITAL IMPORTANCE FOR PUBLIC HEALTH
A request for a declaration of professional competence will receive priority if an essential Dutch public health interest is at issue. In addition to the documents mentioned earlier (see section 2 of this chapter), you must submit a statement from a health care institute to the Bureau of Foreign Degree Holders of the Ministry of Health, Welfare and Sport. This should indicate that there is a need for a foreign professional practitioner owing to an essential Dutch public health interest, which cannot be addressed by a professional practitioner from the EEA. The final decision on whether you can provisionally register in the BIG register will still rest with the Minister of Health, Welfare and Sport.
8 REGISTRATION FOR OBSERVATION PURPOSES
If you wish to work as an observer in a health care institute, this institute must submit a request for a declaration of professional competence to the Bureau of Foreign Degree Holders at the Ministry of Health, Welfare and Sport. This request will receive fast track attention. Depending on the decision of the Minister of Health, Welfare and Sport you will be able to provisionally register in the BIG register for a continuous period of no more than three months. Extension is not possible. A request for observation purposes must be submitted well in advance of the date of commencement, in view of the time required to process the application.
9 REGISTRATION IN THE BIG REGISTER
10 POST-REGISTRATION IN THE BIG REGISTER
You have the right to use the relevant professional title once you have registered in the BIG register. Everyone will be able to see that you possess specific expertise. Doctors, dentists and obstetricians will be permitted to perform specific restricted acts independently. Individuals who are registered in the BIG register, are covered by the disciplinary rules of the BIG Act.
Certain information in the register is public. This information is available to anyone who wants it, including employers. This is restricted to the following information:
Working with an officially recognised training title
1 WHICH QUALIFICATION DO YOU POSSESS?
If you wish to practice an 'article 34 profession' using the relevant training title, this is only permitted once you have been granted a declaration of professional competence or a foreign certificate designated by the Minister. At the moment no certificate has been designated for an 'article 34 profession'.
A government register for the professions regulated in accordance with article 34 does not exist. A declaration of professional competence issued by the Minister of Health, Welfare and Sport gives the right to use the relevant training title.
2 APPLYING FOR A DECLARATION OF PROFESSIONAL COMPETENCE
A request for a declaration of professional competence can be addressed to the Bureau of Foreign Degree Holders at the Minister of Health, Welfare and Sport. The address can be found at the back of this publication (see appendix II). You will receive an application form, with a list of documents you must provide.
The following documents must be submitted along with an application for a declaration of professional competence:
The documents, or translations by a sworn translator, must be written in Dutch, English, French or German. Photocopies must also be certified.
The Minister will only deal with the application once all the necessary documents have been submitted. If you are unable to submit all the documents requested, you must provide a written explanation of your reasons. The entire procedure from application to decision typically takes several months. This is necessary to ensure the correct decision is taken. The Minister can decide to refuse to accept the application if too few documents are available to realise a proper assessment of professional competence.
Top3 ASSESSMENT OF THE APPLICATION
In the EEA 'article 34 professions' are typically covered by two general European directives. These relate to the recognition of higher education qualifications which conclude professional training courses of at least three years and other professional training courses. The 'article 3 profession' physiotherapist is also covered. Depending on your situation there is a number of possibilities:
a EEA Qualification
and nationalityb Non-EEA Qualification
or nationalityWork permits and the Dutch language
If you are registered in the BIG register or are in the possession of a declaration of professional competence for one of the 'article 34 professions', this does not automatically mean that you may work in the Netherlands.
You must have a work permit from the Minister for Social Affairs and Employment. The residence status granted to you by the Minister of Justice is an important factor in assessing your eligibility for such a permit.
A good command of the Dutch language is essential for working in the Dutch health care sector. Your prospective employer, supervisor and the health insurer can all attach conditions in relation to this. Your command of the Dutch language is one of the points to which the supervisor must pay attention in accordance with the supervision agreement. A level which at least corresponds to the requirements of the state exam 'Dutch as a Second Language' is required.
If you do not possess a sufficient command of the Dutch language, it would be wise to learn Dutch while your request for a declaration of professional competence is being processed.
TopList of qualifications from the 'Regulation on the Registration of Foreign Health Care Qualifications'
| Doctors | Physiotherapists |
| Dentists | Obstetricians |
| Pharmacists | Nurses |
Austria
Belgium
Denmark
Finland
France
Germany
Greece
Iceland
Ireland
Italy
Luxembourg
Norway
Portugal
Spain
Sweden
United Kingdom
Belgium
Denmark
Finland
France
Germany
Greece
Iceland
Ireland
Italy
Luxembourg
Norway
Portugal
Spain
Sweden
United Kingdom
issued by the universities or by the Royal Colleges, obtained after 25 January 1979.
UpAustria
Belgium
Denmark
Finland
France
Germany
Greece
Iceland
Ireland
Italy
Luxembourg
Norway
Portugal
Spain
Sweden
United Kingdom
Belgium
- certificate of 'gegradueerde in de kinesitherapie',
- certificate of 'licentiaat in de motorische revalidatie en de kinesitherapie'.
UpAustria
Belgium
Denmark
Finland
obtained after 31 December 1992
France
Germany
Greece
obtained after 23 January 1983.
Ireland
Italy
Luxembourg
Norway
Portugal
Spain
obtained after 31 December 1985.
Sweden
United Kingdom
Argentina
Australia
Austria
Belgium
Canada
obtained in Alberta after 31 December 1986,
obtained in Ontario after 31 December 1986.
China (People's Republic)
Curaçao
Denmark
Egypt
Finland
France
Germany
Greece
obtained after 31 December 1987.
Iceland
India
Indonesia
obtained after 31 December 1986.
Iran
obtained after 31 December 1986.
Ireland
Israel
obtained after 31 December 1986.
Italy
Luxembourg
obtained after 27 June 1979.
Malaysia
Malta
New Zealand
obtained after 31 December 1986.
Nigeria
Norway
Philippines
obtained at the Philippines after 31 December 1986.
Portugal
South Africa
obtained after 31 December 1986.
Spain
Surinam
Sweden
Switzerland
Krankenpfleger für allgemeine Krankenpflege',
obtained after 31 December 1986.
Thailand
obtained after 31 December 1980.
United Kingdom
United States of America
Addresses
Ministry of Health, Welfare and Sport
Bureau of Foreign Degree Holders, telephone 070 340 69 54
PO Box 16114
2500 BC The Hague
Commission of Foreign Degree Holders in Public Health
c/o BIG Register,
PO Box 16114
2500 BC The Hague
Telephone 070 340 74 01
BIG Register
PO Box 16114
2500 BC The Hague
Telephone 0900 8998 225 (22 cents a minute)
PUBLISHER
Ministry of Health, Welfare and Sport
POSTAL ADDRESS
PO Box 20350, 2500 EJ The Hague
VISITOR'S ADDRESS
Turfmarkt 244, 2511 DJ The Hague, Netherlands
Telephone 070 340 79 11
PUBLIC INFORMATION
Telephone 070 340 78 90
INTERNET ADDRESS
www.minvws.nl
June 1999
This cost-free publication is available from the
Public Information Department of the Ministry of Health, Welfare and Sport
Telephone (070) 340 78 90, Fax (070) 340 62 51
No rights can be derived from the contents of this brochure.
Ministry of Health, Welfare and Sport
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