Professional responsibility
The term professional ethics (not to be confused with state law) is called the right of a profession, the part of the State 's self-administration was transferred to its own responsibility. This concerned primarily the professional law of the professions traditionally the doctors and lawyers. It is - in part to this day - only regulated by law and often rudimentary and largely on vative customary law is based (see Code of Professional Conduct ). The civil law is monitored by the respective professional organization established for the courts of honor. They primarily apply to all professions which are organized in professional public bodies (chambers as Commerce and Industry Chamber, Chamber, Chamber of Agriculture, Chamber of Physicians, Pharmacists, Association of Psychotherapists, Veterinary Association, Dental Association, Chamber of Lawyers, Patent Attorneys, Tax Consultants, Architects Association, Chamber of Engineers ). In legal terms, it is the power transmitted by an official Act self-government.
Professional Code ( Health Professional )
Doctors, psychotherapists, dentists, veterinarians and pharmacists subject to a professional code of conduct, by the respective chamber assemblies, with the approval of the competent authority - to be adopted - the ministries of health in countries. You also may be subject to the professional courts, which are often located at the Higher Regional Court.
The professional codes of medical professionals regulate the behavior towards patients, colleagues, employees and other partners in health care. With the definition of professional rights and professional obligations professional discipline serves the purpose of
- To ensure the freelancer;
- To get the special trust relationship between health professional and patient family members and to promote;
- The quality of the activity to ensure in the interests of public health;
- To protect the reputation of the profession;
- To promote professional conduct deserving and prevent occupational unworthy behavior in order to serve the common good.
This generally stated objectives are regulated in detail in the professional codes of conduct, for example on the topics of Medical confidentiality, data protection, training, documentation requirements, quality assurance, practice management, career Adverse publicity, collegiality.
The decision of the Federal Constitutional Court of 14 July in 1987, having regard to the Wesentlichkeitstheorie before the acceleration of a trend to more sophisticated state control. The Code of Conduct for Lawyers was then ( after a long wait ) newly regulated by the Law of 11 March 1997 and significantly liberalized in the result, so that, inter alia, since advertising and touting of major activities is allowed.
In DC According to the Federal Constitutional Court ruled in 2003 that even in the medical and dental field the advertising ban was unconstitutional in professional codes, with the exception of " blatant " advertising ( BvR 1608/ 02). Also the identification cards of major activities is admissible. It just should not be advertised with false statements of fact.