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Germany

Augenoptikermeister (Germany)

  • Generic name of profession

    Title:
    Optician (Dispensing optician)
  • Identification

    Name of regulated profession:
    Augenoptikermeister
    Translation(s):
    Optician (master craftsperson) (EN)
    Country:
    Germany
    Region:
    All regions
  • Legal information

    Legal basis for regulation

     
    EU Law :
    None
    National legislation:

    § 1 Abs. 2 Handwerksordnung (HwO) i.V.m. Anlage A zur HwO

    Useful link:
    http://www.gesetze-im-internet.de/bundesrecht/hwo/gesamt.pdf

    Regulation

     
    Type of regulation :
    Reserves of activities

    Recognition

     
    Recognition under:
    DIRECTIVE 2005/36/EC
    Additional information :
    Recognition under Directive 2005/36/EC:
    Recognition of professional experience Annex IV - automatic recognition
    Level in case of subsidiary application of GS:
    DSE - Diploma (post-secondary education), including Annex II (ex 92/51, Annex C,D) , Art. 11 c
    Prior check of qualifications under article 7(4):
    Yes
    Justification for Article 7.4:

    Activities in the health care trades are regularly associated with serious interventions in physical functional processes. In this respect, service recipients are exposed to considerable dangers through poor service performance, as mistakes made here have a direct and concrete negative effect on the physical well-being of the service recipients. Health hazards exist by improper service-execution in the health care trades which might worsen the physical ailment or infirmity of the service recipient. Furthermore, inadequate advice and care due to a lack in professional qualifications of the service provider might result in deficient compensation or alleviation compared to what would have been possible if the service recipient had received professional care by highly qualified service providers. Therefore the German Crafts Code and the EU/EWR HwV, a regulation adopted thereunder, set out provisions for recognition of professional qualifications prior to the first provision of services on German territory for certain professions in accordance with Article 7 § 4 of the Directive. As the German legislator has confirmed in recent legislation on regulated professions in the crafts sector, licensing of certain crafts trades pursues, inter alia, the protection of overriding public interests such as the health and life of third parties and at the same time ensures the maintenance of a high standard of quality in consumer protection. A craft profession is considered to englobe dangerous activities if the performance of essential tasks requires a high level of skills and quality execution in such a professional manner that life and health of third parties are not put at stake. To comply with these prerogatives, only essential activities are subject to regulation in the skilled crafts occupations requiring authorisation, whereby proof of qualification must be (only) provided in the person of the technical manager (Betriebsleiter).

    For the profession optician, these essential activities encompass the determination of refraction and centring. They are crucial for correction of ametropia. Poor execution might not only negatively affect the service recipient, but also third parties as, for example, a disturbance of stereo vision might lead to high risks while participating in road traffic. Further essential activities of opticians cover optometric examinations, optical and anatomical spectacle fitting as well as contact lens fitting and related issues of handling and care. A core part of service provision consists of individual production and adaptation of medical devices falling under the scope of Regulation (EU) 2017/745 on medical devices. The technical manager must supervise and monitor the work processes of the craft enterprise from a technical and professional point of view, thus ensuring that the skilled work is carried out in a "masterly" manner. Therefore, the existing requirement to check the professional qualifications of the service provider prior to the first provision of services is suitable for securing the attainment of the public interest objectives pursued and does not go beyond what is necessary to attain them. Preventive measures for consumer protection and protection of public health and safety are a modern regulatory approach and therefore better suited to protect overriding public interest concerns than other regulatory options.

  • Activities

    Description of activities:

    Selbstständige Ausübung des Augenoptiker-Handwerks als stehendes Gewerbe. Die Ausübung des Handwerks setzt nur voraus, dass der (technische) Betriebsleiter für das Handwerk oder für ein verwandtes Handwerk qualifiziert ist (§ 7 Abs. 1 S. 1 HwO). Eine vergleichbare Qualifikation ist auch für die Ausbildung erforderlich. Versorgung mit Sehhilfen sowie Änderung von Sehhilfen nach fachärztlicher Verordnung unter Berücksichtigung gesundheitsrechtlicher und sozialrechtlicher Vorschriften. Hierbei ist nur der Kernbereich der Tätigkeit erfasst, nicht so genannte einfache Tätigkeiten, z. B. solche, die innerhalb von drei Monaten erlernt werden können.

    Translation(s):

    Independent work as a non-travelling optician. This craft can be exercised provided that the (technical) branch manager has obtained the qualifications prescribed for the exercise of this craft or a related craft (Article 7 (1), p.1 of the German Crafts Code (HwO)). Anyone wishing to provide vocational training in this craft must have comparable qualifications. Dispensing optical aids and modifying optical aids as prescribed by a specialist medical practitioner, and conducting these tasks in a way that is compliant with the relevant provisions of health law and social law. Restrictions only apply to the core duties of the occupation, not to what are defined as simple tasks, such as tasks that can be mastered after up to three months of training.

    (EN)
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