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medical fitness to practise

Medical fitness to practise is a requirement for medical licensure under § 3(1) of the Federal Medical Act (BÄO). It is demonstrated by a medical certificate and is assessed by the licensing authority. Physical or mental impairments that permanently prevent safe practice are grounds for refusal.

German administrative term; 'Eignung' (fitness/suitability) in civil service and professional law denotes the personal capacity for holding office or practising a profession.

gesundheitliche Voraussetzungen, ärztliches Zeugnis über die gesundheitliche Eignung

medical fitness to practise

How is fitness demonstrated?

In practice it usually works as follows: the application for a medical licence includes a medical certificate which, at the time of application, generally must not be more than three months old. Many states provide their own form for this; some require an official medical certificate, others accept any licensed physician as issuer. What is certified is not a list of diagnoses, but a statement as to whether health limitations exist that preclude professional practice. The standard is therefore fitness for the profession, not freedom from complaints. Those unsure which form their state accepts should ask the authority before the medical appointment, since an incorrect form means a second appointment and a second invoice.

What counts as lacking fitness?

The Act lists no catalogue of conditions. What is meant are states that permanently preclude safe treatment — for example an untreated addiction disorder or severe cognitive impairment. A chronic condition that is well-managed does not in principle preclude the licence. If doubts arise, the licensing authority can order an official or specialist medical examination. If the person concerned refuses, suspension of the licence may be ordered under § 6(1)(3) of the Federal Medical Act. If fitness subsequently lapses, revocation is possible but not mandatory: § 5(2)(2) places this at the authority's discretion.

What does this mean for graduates from EU countries?

Those who studied in Romania, Bulgaria, Hungary, Croatia, or the Baltic states can usually have the certificate issued in Germany once residence is established. A certificate issued in the country of study is not accepted everywhere and then requires a certified translation and, if applicable, an apostille. Because the certificate is only valid for a few months, it is worth obtaining it shortly before submitting the application. If the procedure is protracted, some authorities request a fresh document.

Common misconceptions

The certificate is not an occupational health examination under the Infection Protection Act and does not replace vaccination records that the employer requires separately. It concerns solely professional fitness under licensing law. Borderline cases are decided by the competent authority.

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