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Hungary

fogászati asszisztens (Hungary)


  • Proportionality information

    1. Have you examined whether the requirements under your national legal system are
    directly or indirectly discriminatory on the basis of nationality or residence?
       Yes we have. The Hungarian Fundamental Law prohibits any form of direct or indirect discrimination on the basis of nationality, residence, disability, age, gender, religion, political views, sexual orientation or type of an employments contract, and the current system is in accordance with this regulation.

    2. Which of the following overriding reasons relating to the general interest justifies the measure(s)?
         
    • Public health

    3. What specific risks or benefits have you identified that your measure(s) is designed to, respectively, minimise or maximise?

       Please try to be specific in describing the nature of the risks/benefits you have identified
       Where you have selected more than one overriding reason relating to the general interest in question 2 please be sure to address each of these in your response. Wherever possible please include evidence.

       Hungarian regulations concerning the dental assistance profession take into account the safety and health of a patients. In order to secure protection of the patients it is necessary to make sure that only those, who have the necessary qualifications and completed specific trainings can get an authorization as a dental assistant. The membership to the competent Chamber and the valid operational registration are also requirements to pursuing healthcare activity as a dental assistant.

    4. How specifically do your measures operate to minimise the risk(s) or maximise the benefit(s) identified in question 3?

       When addressing this question please try to explain how the measures prevent the risks or guarantee the benefits.
       Where you have selected more than one overriding reason relating to the general interest in question 2 please be sure to address each of these in your response. Wherever possible please include evidence.

       After the acquisition of the necessary healthcare qualifications, the holder of the qualification which has been issued, nostrificated or recognized in Hungary can be registered to the Basic Registry, in order to keep a record on persons who have the necessary qualification to pursue healthcare activity as a nurse in an integrated, closed system.

    The current regulation imposes compulsory chamber membership on persons who concurrently fulfill the following three criteria: having obtained any healthcare qualification; being registered in the Basic Registry and pursuing healthcare activities.

    According to Paragraph 110 of the Act CLIV of 1997 on health, healthcare activity can be pursued independently or with the supervision of a person who is entitled to perform the relevant healthcare activity without supervision. In order to purse the relevant healthcare activity independently, the holder of the registered necessary qualification – in addition to the Chamber membership – has to hold a valid operational registration, which must be renewed every fifth year after the completion of compulsory continuing education and trainings.

    A registered dental assistant who has completed all the requirements is able to:

     - prepare equipments, materials and instruments for dental treatment;

    - precise handling of equipments, tools and devices required by the position;

    - assist the dentist during prevention, diagnostic, conservative, periodontal, prosthodontic, pediatric dental, orthodontic and dentoalveolar surgical treatment procedures and interventions;

    - independently perform dental care, examination, nursing and rehabilitation tasks pertaining to the assistant’s competence if so instructed by the dentist;

    - help patients feel comfortable;

    - assist the dentist during emergency treatments;

    - give information on dental treatments and provide patient care;

    - provide patients with instructions for health care and improvement;

    - maintain the dentist’s examination and treatment rooms clean and tidy, clean and sterilise instruments;

    - perform IT tasks requiring user-level computer skills; - perform documentation, office management


    5. In so far as you are able, please provide information that you have gathered regarding the concrete effects of the measure(s).

       For example, through impact assessments or information gathered during implementation or review of a measure. Member States who have recently undergone reforms may in particular be able to contribute helpfully to this field. Where you are able to provide cost-benefit analyses this would be particularly valuable.
       Information on whether the measures indeed successfully prevented risks from being realised (e.g. the number of sanctions imposed, a drop in transgressions since the measure was introduced or consequences from previous modifications of the regulation) would equally be helpful.
       Where you have selected more than one overriding reason relating to the general interest in question 2 please be sure to address each of these in your response. You may also wish to include evidence on consumer satisfaction or other measurements of the impact.

        Act CLXXXVII of 2011 on Vocational Training, Decree no. 37/2013 (28 May) of the Ministry of Human Capacities on the professional and examination criteria of vocational qualifications falling within the competence of the Minister of Human Capacities.

    6. Is the general interest objective you indicated in question 2 pursued in a consistent and systematic manner?.

       In approaching your response to this question please consider examples where you have addressed similar risks for comparable professions, not necessarily within the same sector. Is the approach you have adopted in this particular profession comparable or distinct from such similar cases and why?

       Yes. The regulations allow for pursuing the objective of public health in a consistent and systematic manner. The protection of the public health is guaranteed by standardized qualifications. The regulations in the fields of healthcare professions ensure that patients are only treated by highly competent and educated professionals.

    7. Please explain in how far the degree of complexity or the nature of the activities
    which are reserved justify that these activities can be exclusively performed by professionals possessing a specific professional qualification?

       For example: when the tasks are essentially of a straightforward nature (such as preparing and printing pay slips etc.), or involve essentially the execution of instructions, specific professional aptitudes should not be required.

       Dental assistance is a complex field of medicine. Dental assistant must have the required knowledge and skills to be able to fulfill patients' needs. It is regulated by law that dental assistance  profession is a protected title (without reserves of activities). This system of regulation allows flexibility and supports the development of the profession.

    8. Where you have indicated several measures in place in the screening tab,
    have you reviewed the cumulative effect of all these measures on professional activities?

       If not, why not?
       If yes, please outline for us how you approached assessing this issue as well as the results and conclusions or any learning you drew from this. Where possible please include evidence.

       No, we haven’t reviewed the cumulative effect of the measures. The current system is working as intended. It is not considered, that it would be beneficial to change the system. 

    9. Have you considered the use of alternative mechanisms to achieve your objective(s)?
         
    • Other, please specify

       Please briefly explain. Where you have selected more than one option, please be sure to address each of these in your response.

       The Hungarian system of the regulation is flexible therefore the education system and training requirements are continuously improved with regards to the national requirements and also to the European trends. The regulations were last reviewed in 2013.

    10. Conclusion

       Following your internal examination of this regulated profession, which of the following have you concluded?

    •    Maintain current system

       Explain where relevant:

       -

    11. Any other comments?
       

    We have no further comments.

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