professional reliability and moral fitness

What is the difference?

Both terms appear in the same sentence of the statute but refer to different things. Moral fitness (Würdigkeit) looks backward: it is absent when conduct has damaged the reputation and public trust in the profession to such a degree that continued practice appears untenable. Professional reliability (Zuverlässigkeit) looks forward: it is absent when circumstances indicate that the person can be expected not to practise the profession properly in the future. One and the same conviction can affect both, but does not have to. The authority decides on a case-by-case basis and must justify its prognosis.

How does the authority assess this?

In the procedure, the licensing authority requires a certificate of good conduct for submission to a public authority and a declaration stating whether criminal or investigative proceedings are pending. Particularly relevant are offences connected to the profession, such as billing fraud, forgery of documents, violations of the Narcotic Drugs Act, or offences involving bodily harm. Not every conviction leads to withdrawal of licensure; case law requires particularly serious misconduct, and the duration, the extent of the damage, and the pursuit of financial gain all play a role. If a prerequisite subsequently ceases to be met, revocation of licensure follows automatically. Where criminal proceedings are ongoing, suspension of licensure under § 6 of the Federal Medical Act may initially apply.

What applies to graduates from EU countries abroad?

Anyone who studied in Bulgaria, Romania, Hungary, or Croatia must demonstrate that both countries' requirements are met. As a rule, both a German certificate of good conduct and an extract from the criminal register or a certificate from the competent authority of the country of study are required, often with an apostille and a certified translation. From EU member states, an additional certificate is frequently required confirming that no professional regulatory measures are pending in the country of training. These documents have a limited validity, usually three months, and must be resubmitted in the case of longer proceedings. This costs time, money, and sometimes a trip.

Common misconceptions

Proceedings discontinued under § 153a of the Code of Criminal Procedure do not constitute a conviction, but can still occupy the authority's attention. Conversely, a deleted entry does not automatically mean that the matter is closed. In specific cases, the competent authority decides, and legal advice is advisable.