official translation REPUBLIC OF LITHUANIA LAW ON the RECOGNITION of REGULATED PROFESSIONAL QUALIFICATIONs 3 April 2008 No X-1478 Vilnius TITLE I GENERAL PROVISIONS Article

1. Purpose of the Law
2. This Law shall establish the principles and mechanisms for the recognition of professional qualifications of nationals of Member States of the European Union (hereinafter referred to as the EU), nationals of countries of the European Economic Area (hereinafter referred to as the EEA) and nationals of the Swiss Confederation obtained in the EU, EEA and Swiss Confederation, and administrative cooperation, shall safeguard that persons who obtained professional qualifications in another Member State shall have the same rights as nationals of the Republic of Lithuania to pursue, on either a self-employed or employed basis, a regulated profession in the Republic of Lithuania .
3. This Law shall not hinder the recognition of professional qualifications of third country nationals obtained outside the EU, EEA and Swiss Confederation by the Republic of Lithuania in accordance with the procedure laid down by other legal acts. When recognising professional qualifications, the minimum training conditions for the respective professions must be complied with in all cases.
4. The provisions of this Law shall be in compliance with the EU legal acts listed in Annex 8 to this Law. Article
5. The Scope
6. This Law shall apply to legal relations pertaining to the recognition of regulated professional qualifications to the extent they are not regulated by special legislation of the Republic of Lithuania adopted when implementing the EU legal acts directly related to the recognition of professional qualifications, other than listed in Annex 8 to this Law.
7. This Law shall apply to all nationals of the Member States seeking to pursue, on either an employed or self-employed basis, a regulated profession in the Republic of Lithuania.
8. This Law shall also apply to all nationals of the Member States seeking to pursue the liberal professions.
9. The provisions of this Law shall not apply when the recognition of regulated professional qualifications is directly regulated by the EU legal acts.
10. This Law shall not regulate decisions on the recognition of qualifications in other Member States. Persons whose professional qualifications have been recognised in the Member State that issued the qualifications or the Member State that awarded the professional qualifications may not use such recognition with a view to acquire, in their Member State, rights other than those granted upon obtaining the qualifications in that Member State, except in cases where evidence is provided that additional professional qualifications have been obtained in another Member State. Article
11. Definitions
12. Principal of automatic recognition of professional qualifications means a principle where professional qualifications are automatically recognised to a person with an education level corresponding to the minimum training conditions, ensuring the proper qualifications.
13. Common criteria for compensating for differences in professional qualifications (common platforms) mean a set of certain criteria based on which substantial differences in certain professional qualifications, determined by discrepancies in the training conditions for certain professional qualifications in different Member States, are compensated for. These substantial differences shall be established by comparing the duration and content of the training in at least two thirds of the Member States regulating the profession. The differences in the content of the training may arise from the substantial differences in professional fields of activity. Proposals on the common criteria for compensating for differences in professional qualifications may be submitted to the European Commission by a competent authority or a professional association or organisation registered in the Republic of Lithuania representing persons of a particular profession on the national and European level.
14. Evidence of formal qualifications means diplomas, certificates and other documents: 1) issued by competent authorities designated pursuant to laws, regulations and administrative provisions and certifying the obtaining of professional qualifications and successful completion of professional training, obtained mainly in the Member States, or 2) issued by third country authorities and recognised in the Member States, if the holder thereof has three years’ professional experience in the profession concerned in the Member State and if the professional experience is recognised in the Member State.
15. Manager of an undertaking means any person who is performing the duties of: 1) a manager of an undertaking or manager of a branch of an undertaking; or 2) a deputy to the proprietor or the manager of an undertaking or a branch of an undertaking where that post involves responsibility equivalent to that of the proprietor or manager represented; or 3) a manager with duties of a commercial and/or technical nature and with responsibility for one or more departments of the undertaking.
16. Home Member State means a Member State in which professional qualifications were obtained and which allows the holder of the said qualifications to pursue the profession on either an employed or self-employed basis.
17. Competent authority means an authority or institution of the Republic of Lithuania authorised in accordance with the procedure laid down by legal acts to issue or receive evidence of formal qualifications and other documents or information and to receive the applications referred to in this Law, and take the decisions regarding the applications or issues related to the recognition of professional qualifications within the scope of its competence.
18. Liberal profession means a profession practised on the basis of relevant professional qualifications in a personal, responsible and professionally independent capacity by persons providing intellectual services to the clients and the public.
19. National council for the recognition of regulated professional qualifications means an advisory body to the coordinator of the recognition of professional qualifications.
20. Professional qualification means qualification attested by evidence of formal qualifications, an attestation of competence referred to in subparagraph 1 of paragraph 2 of Article 11 of this Law and/or professional experience.
21. Professional experience means a person’s actual and lawful pursuit of the profession concerned on either an employed or self-employed basis or engagement in a professional activity in a Member State. The professional experience shall be certified by a relevant document issued by the competent authority.
22. Adaptation period means a period of supervised practice during which a person pursues a regulated professional activity on the territory of the Republic of Lithuania and is under the responsibility of a qualified member of that profession. The adaptation period may be accompanied by further training.
23. Aptitude test means a test of professional knowledge of a person made by the competent authorities of the Republic of Lithuania with the aim of assessing the ability of the person to pursue a regulated profession in the Republic of Lithuania.
24. Professional title means a title awarded to a person possessing certain qualifications and used to pursue a professional activity or to certify membership of a professional association. Obtaining of some professional titles shall be further regulated.
25. Committee for the recognition of professional qualifications means a committee consisting of representatives of the Member States headed by a representative of the European Commission.
26. Coordinator of the recognition of professional qualifications means a civil servant appointed by the Government of the Republic of Lithuania or an institution authorised by it.
27. Regulated profession means a professional activity or group of professional activities, the pursuit of which (or one of the modes of pursuit of which) is subject, directly or indirectly, by virtue of laws, regulations and administrative provisions, to the possession of specific professional qualifications. The use of a professional title, limited by laws, regulations and administrative provisions to holders of a given professional qualification, shall also constitute a mode of pursuit as well as membership of the associations and organisations listed in Annex 1 to this Law.
28. Regulated education and training means any training which is specifically geared to the pursuit of a given profession and which comprises a course (courses) and complemented, where appropriate, by professional training, traineeship or professional practice. The structure and level of professional training, traineeship or professional practice shall be established by laws, regulations and administrative provisions of the respective Member State or monitored and approved by an authority assigned for that purpose.
29. Member State means any state member of the European Union, country of the European Economic Area (Iceland, Liechtenstein, Norway) or the Swiss Confederation. Article
30. Effects of Recognition
31. Upon the recognition of professional qualifications by the Republic of Lithuania, a person may pursue in the Republic of Lithuania, on either an employed or self-employed basis, the same profession as that for which he is qualified in the home Member State.
32. A person may pursue, on either an employed or self-employed basis, a profession in the Republic of Lithuania under the same conditions as nationals of the Republic of Lithuania.
33. The profession which a person is seeking to pursue, on either an employed or self-employed basis, in the Republic of Lithuania shall be the same as that for which he is qualified in the home Member State if the activities covered are comparable. TITLE II RECOGNITION OF QUALIFICATIONS FOR THE PURPOSE OF THE PROVISION OF SERVICES Article
34. Principle of the Free Provision of Services
35. Without prejudice to Articles 6 and 7 of this Law, a service provider shall not be restricted to pursue the same profession in the Republic of Lithuania if the service provider is legally established in a Member State (hereinafter referred to as the Member State of establishment).
36. The provisions of Title II of this Law shall only apply where the service provider moves to the territory of the Republic of Lithuania to pursue a given profession on a temporary or occasional basis.
37. The temporary or occasional nature of the provision of services shall be assessed case by case, in relation to its duration, its frequency, its regularity and its continuity, by competent authorities.
38. Where a service provider moves to the territory of the Republic of Lithuania and complies with the requirement set forth in paragraph 1 of this Article, he shall not be restricted to pursue the same profession that he has pursued in the Member State of establishment for at least two years during the last 10 years, if the profession in that Member State is not regulated. This provision shall not apply when either the profession or the education and training leading to the profession is regulated in the Member State of establishment.
39. Where service providers move to the territory of the Republic of Lithuania, they shall be subject to the same rules of a professional, statutory or administrative nature regulating professional qualifications (such as the definition of the profession, the use of titles, serious professional malpractice which is directly and specifically linked to consumer protection and safety, as well as disciplinary liability) which are applicable to persons who, on a regular basis, pursue the same profession in the Republic of Lithuania. Article
40. Exemptions from the Free Provision of Services Having proved the lawful establishment in the Member State, a service provider shall be exempt from: 1) membership of or registration with a professional organisation or body, where it is compulsory for persons seeking to pursue the same profession in the Republic of Lithuania. A competent authority according to paragraph 5 of Article 5 of this Law may establish requirements for certain professions or groups thereof either for automatic temporary registration with or for pro forma membership of such a professional organisation or body. Such registration or membership requirement may not delay or complicate in any way the provision of services and entail any additional costs for the service provider. The competent authority shall send to the relevant professional organisation or body a copy of the declaration referred to in paragraph 1 of Article 7 of this Law and, where applicable, a copy of the renewal referred to in paragraph 2 of Article 7 of this Law for professions which have implications for public health and safety referred to in paragraph 8 of Article 7 of this Law or where the evidence of the qualifications is automatically recognised under Chapter III of Title III of this Law, copies of the documents referred to in paragraph 4 of Article 7 of this Law and this shall constitute automatic temporary registration or pro forma membership. 2) registration with a public social security body for the purpose of settling accounts with an insurer relating to activities pursued for the benefit of insured persons. The service provider must inform in advance or, in an urgent case, afterwards, the body referred to in this subparagraph of the services that he has provided. Article
41. Declaration to Be Made in Advance, if the Service Provider Moves
42. Where the service provider first moves from one Member State to the territory of the Republic of Lithuania in order to provide services, he shall, in advance, submit to the competent authority a written declaration specifying the details of any insurance cover or other means of personal or collective protection with regard to professional liability.
43. Such declaration shall be renewed once a year if the service provider intends to provide temporary or occasional services during that year.
44. The service provider may submit the declaration by any means. The form of the declaration shall be approved by a competent authority, having co-ordinated it with the body which has appointed the coordinator of the recognition of professional qualifications.
45. For the first provision of services or if there is a material change in the situation substantiated by the documents, the declaration must be accompanied by the following documents: 1) proof of the nationality of the service provider; 2) an attestation certifying that the holder is legally established in a Member State for the purpose of pursuing the activities concerned and that he is not prohibited from practising, even temporarily; 3) evidence of professional qualifications; 4) for cases referred to in paragraph 4 of Article 5 of this Law, any documents proving that the service provider has pursued the activity concerned for at least two years during the previous ten years; 5) for professionals in the security sector, evidence of no criminal convictions, where it is mandatory for nationals of the Republic of Lithuania.
46. The service shall be provided in the Republic of Lithuania under the professional title of the Member State of establishment, in so far as such a title exists in that Member State for the professional activity in question, in such a way as to avoid any confusion with the professional title of the Republic of Lithuania.
47. The professional title shall be indicated in the official language or one of the official languages of the Member State of establishment. Where no such professional title exists in the Member State of establishment, the service provider shall indicate his formal qualification in the official language of the Member State of establishment. By way of exception, the service may be provided under the professional title of the Republic of Lithuania for cases referred to in Chapter III of Title III.
48. For the first provision of services, in the case of a profession having public health or safety implications, which are not automatically recognised, the competent authority may check the professional qualifications of the service provider prior to the first provision of services. Such a prior check shall be necessary only where the purpose of the check is to avoid possible serious damage to the health or safety of the service recipient due to a lack of professional qualification of the service provider. The extent of the check may not go beyond what is necessary for achieving the purpose specified in this paragraph.
49. The competent authority shall inform the service provider of its decision to verify his qualifications within one month of receipt of the declaration and accompanying documents. Where there are difficulties which may result in delay, the competent authority shall notify the service provider within one month of receipt of the declaration and accompanying documents of the reason for the delay and the timescale for a decision, which must be taken within two months of receipt of all the documents.
50. Where the competent authority establishes a substantial difference between the professional qualifications of the service provider and the training requirements in the Republic of Lithuania to the extent that the difference is such as to be harmful to public health or safety, the service provider shall be given the opportunity to prove that he has acquired the knowledge or competence lacking. Priority shall be given to an aptitude test. The provision of the service may commence within one month of taking the decision not to check the qualifications, specified in paragraph 8 of this Article, or the decision to allow the provision of services.
51. In the absence of a decision of the competent authority or notification of the difficulties resulting in delay within the time limits specified in paragraphs 8 and 9 of this Article, the provision of the service may commence.
52. In cases where qualifications have been verified in accordance with the provisions of paragraphs 7- 9 of this Article, the service shall be provided under the professional title of the Republic of Lithuania. Article
53. Administrative Cooperation
54. The competent authority may ask the competent authorities of the Member State of establishment, for each provision of services, to provide any information relevant to the legality of the service provider’s establishment and appropriateness of the activity as well as the absence of any disciplinary or criminal sanctions of a professional nature.
55. The competent authority of the Republic of Lithuania, at the request of the competent authority of the Member State, shall provide information in accordance with the provisions of Article 53 of this Law.
56. The competent authorities must ensure that the competent authorities of the other Member States are provided with all the information necessary for complaints by a recipient of a service against a service provider to be correctly pursued. The recipients of the service must be informed of the outcome of the complaint. Article
57. Information to Be Given to the Recipients of the Service In cases where the service is provided under the professional title of the Member State of establishment or under the qualification of the service provider, the competent authority may require the service provider to furnish the recipient of the service with the following information: 1) the name of the register in which he is registered, his registration number, or equivalent means of identification contained in that register, if the service provider is registered in a commercial register or similar public register; 2) the name and address of the authority, authorised to award authorisations in accordance with the procedure laid down by legal act, if the activity is subject to authorisation in the Member State of establishment; 3) any professional association or similar body with which the service provider is registered; 4) the professional title or, where no such title exists, the formal qualification of the service provider, and the Member State in which it was awarded; 5) the Value Added Tax (hereinafter referred to as “VAT”) identification number, if the service provider performs an activity which is subject to VAT; 6) details of any insurance cover or other means of personal or collective protection with regard to professional liability. TITLE III RECOGNITION OF QUALIFICATIONS FOR THE PURPOSE OF ESTABLISHMENT CHAPTER I GENERAL SYSTEM FOR THE RECOGNITION OF FORMAL QUALIFICATIONS Article
58. The Scope of the General System for the Recognition of Formal Qualifications The provisions of this Chapter shall apply to all regulated professions with the exception of professions specified in Chapters II and III of Title III of this Law, where a person, for specific and exceptional reasons, does not satisfy the conditions laid down in those Chapters: 1) for activities listed in Annex 4 to this Law, when the migrant does not meet the requirements set out in Article 16 of this Law; 2) for doctors with basic training, specialised doctors, nurses responsible for general care, dental practitioners, veterinary surgeons, midwives, pharmacists and architects, when the migrant does not meet the requirements of effective and lawful professional practice referred to in Articles 19, 23, 29, 33, 35, 39 and 45 of this Law; 3) for architects, when the migrant holds evidence of formal qualification not listed in point 5.7 of Annex 5 to this Law; 4) without prejudice to paragraphs 1-3 of Article 17, Articles 19 and 23, for doctors, nurses responsible for general care, dental practitioners, veterinary surgeons, midwives, pharmacists and architects holding evidence of formal qualifications, having completed professional training leading to the possession of a professional title listed in points 5.1.1, 5.2.2, 5.3.2, 5.4.2, 5.5.2, 5.6.2 and 5.7.1 of Annex 5 to this Law, and solely for the purpose of the recognition of the relevant professional qualification; 5) for nurses responsible for general care and specialised nurses holding evidence of formal qualifications as a specialist which follows the training leading to the possession of a title listed in point 5.2.2 of Annex 5 to this Law, when the migrant seeks recognition in the Republic of Lithuania where the relevant professional activities are pursued by specialised nurses without completed training as general care nurse; 6) for specialised nurses without training as general care nurse, when the migrant seeks recognition in the Republic of Lithuania where the relevant professional activities are pursued by nurses responsible for general care, specialised nurses without completed training as general care nurse or specialised nurses holding evidence of formal qualifications as a specialist which follows the training leading to the possession of the professional titles listed in point 5.2.2 of Annex 5 to this Law; 7) for persons meeting the requirements set out in subparagraph 2 of paragraph 3 of Article 3 of this Law. Article
59. Levels of Qualification
60. For the purpose of the recognition of professional qualification in accordance with the provisions of Article 13 of this Law, five levels of qualification shall be distinguished.
61. The first level of qualification shall be evidenced by an attestation of competence issued by a competent authority of the home Member State designated pursuant to laws, regulations and administrative provisions of that Member State, on the basis of: 1) a training course not forming part of a certificate or diploma within the meaning of paragraphs 3, 4, 5, 6 of this Article, a specific examination without prior training, or full-time pursuit of the profession in a Member State for three consecutive years or for an equivalent duration on a part-time basis during the previous 10 years, or 2) primary, basic or secondary education, attesting that the holder has acquired general knowledge.
62. The second level of qualification shall be evidenced by a certificate attesting to a successful completion of a secondary course: 1) general in character, supplemented by a course of study or professional training other than those specified in paragraph 4 of this Article, and/or probationary or professional practice required in addition to that course, 2) technical or professional in character, supplemented, where appropriate, by a course of study or professional training specified in paragraph 1 of this Article, and/or probationary or professional practice required in addition to that course.
63. The third level of qualification shall be evidenced by a diploma certifying successful completion of: 1) a course (other than that specified in paragraphs 5 and 6 of this Article) of a duration of at least one year or of an equivalent duration on a part-time basis, the conditions of entry of which are, as a general rule, the successful completion of the secondary course required to obtain entry to university or establishments of higher education or the completion of equivalent school education of the second secondary level, as well as the professional training which may be required in addition, or 2) in the case of a regulated profession, a course of a special structure, included in Annex 2 to this Law, equivalent to the level of the training course referred to in subparagraph 1 of this paragraph, which provides a comparable professional standard and prepares for a comparable level of functions and responsibilities. The list of Annex 2 to this Law may be amended following a change in the EU legal acts referred to in Annex 8 to this Law.
64. The fourth level of qualification shall be evidenced by a diploma certifying successful completion of training at post-secondary level of at least three and not more than four years’ duration, or of an equivalent duration on a part-time basis, at a university or establishment of higher education or another establishment providing the same level of training, as well as the professional training which may be required in addition to that post-secondary course.
65. The fifth level of qualification shall be evidenced by a diploma certifying that the holder has successfully completed a post-secondary course of at least four years’ duration, or of an equivalent duration on a part-time basis, at a university or establishment of higher education or another establishment providing the same level of training and, where appropriate, that he has successfully completed the professional training which may be required in addition to that post-secondary course. Article
66. Equal Treatment of Qualifications
67. Any evidence of formal qualifications or set of evidence of formal qualifications issued by a competent authority of a Member State, certifying successful completion of training in a Member State which is recognised by that Member State as being of an equivalent level and which confers on the holder the same rights of access to or pursuit of a profession or prepares for the pursuit of the profession, the level of qualification of which is regulated by Article 11 of this Law. The respective level of qualification in the Republic of Lithuania must be treated equally as in other Member States.
68. Any professional qualification which, although not satisfying the requirements contained in the laws, regulations and administrative provisions in force in the home Member State for access to or the pursuit of a profession, confers on the holder acquired rights by virtue of the provisions of this Article, must be treated equally and under the same conditions in the Republic of Lithuania as set out in paragraph 1 of this Article.
69. The Republic of Lithuania must, in accordance with the provisions of Article 13 of this Law, consider the former training as corresponding to the level of the new training if the home Member State raises the level of training required to pursue the profession on either an employed or self-employed basis, and if a person who has undergone former training, which does not meet the requirements of the new qualification, benefits from acquired rights. Article
70. Conditions for Recognition
71. If the pursuit of a regulated profession on either an employed or self-employed basis in the Republic of Lithuania is contingent upon possession of specific professional qualifications, the competent authority shall, in accordance with the procedure established by it, permit to pursue that profession on either an employed or self-employed basis, under the same conditions as apply to nationals of the Republic of Lithuania, to persons possessing the attestation of competence or evidence of formal qualifications required by another Member State in order to pursue that profession on its territory.
72. The attestation of competence or evidence of formal qualifications referred to in paragraph 1 of this Article must satisfy the following conditions: 1) they must be issued by a competent authority of a Member State, designated in accordance with the laws, regulations and administrative provisions of that Member State; 2) they must attest that the level of qualification, as specified in Article 11 of this Law, is at least equivalent to the level immediately prior to that which is required in the Republic of Lithuania.
73. The pursuit of a profession on either an employed or self-employed basis shall also be allowed for persons who have pursued the profession on a full-time basis for two years during the previous 10 years in another Member State which does not regulate the profession, providing they possess one or more attestations of competence or evidence of formal qualifications.
74. The attestation of competence or evidence of formal qualifications referred to in paragraph 3 of this Article must satisfy the conditions referred to in paragraph 2 of this Article and must attest that the holder has been prepared for the pursuit of the profession in question.
75. The two years’ professional experience referred to in paragraph 3 of this Article may not be required if the evidence of formal qualifications which the person possesses certifies regulated education and training at the second, third, fourth or fifth levels of qualifications.
76. The regulated education and training listed in Annex 3 to this Law shall be considered regulated education and training at the third level of qualifications as specified in paragraph 4 of Article 11 of this Law.
77. By way of derogation from paragraph 2 of Article 2, the Republic of Lithuania shall permit the pursuit of a regulated profession on either an employed or self-employed basis upon possession of a third level qualification, where access and pursuit of this regulated profession on either an employed or self-employed basis for nationals of the Republic of Lithuania is contingent upon possession of a qualification certifying successful completion of higher or university education of four years’ duration. Article
78. Compensation Measures
79. The competent authority may require a person to complete an adaptation period of up to three years or take an aptitude test if: 1) the duration of the training of which he provides evidence under the provisions of paragraphs 1-2 or paragraphs 3-6 of Article 13 of this Law is at least one year shorter than that required by the Republic of Lithuania; 2) the training he has received covers substantially different matters than those covered by the evidence of formal qualifications required in the Republic of Lithuania; 3) the regulated profession in the Republic of Lithuania comprises one or more regulated professional activities which do not exist in the corresponding profession in the home Member State within the meaning of paragraph 3 of Article 4 of this Law, and that difference consists in specific training which is required in the Republic of Lithuania and which covers substantially different matters from those covered by the attestation of competence or evidence of formal qualifications.
80. For the purpose of applying the provisions of subparagraphs 2 and 3 of paragraph 1 of this Article, ‘substantially different matters’ shall mean matters the knowledge of which is essential for pursuing the profession, on either an employed or self-employed basis, in the Republic of Lithuania, and with regard to which the training received shows important differences in terms of the content and duration of training from the training required in the Republic of Lithuania.
81. If the competent authority makes use of the option provided for in paragraph 1 of this Article, it must offer the applicant the choice between an adaptation period and an aptitude test.
82. For regulated professions whose pursuit requires precise knowledge of the national law of the Republic of Lithuania and in respect of which the provision of advice and/or assistance concerning the national law of the Republic of Lithuania is an essential and constant aspect of the professional activity, the competent authority may stipulate either an adaptation period or an aptitude test.
83. The competent authority may provide for an adaptation period or an aptitude test in the cases specified in subparagraphs 2 and 3 of Article 10 of this Law, in the case specified in subparagraph 4 of Article 10 concerning doctors and dental practitioners, in the case specified in subparagraph 6 of Article 10 when the migrant seeks recognition in another Member State where the relevant professional activities are pursued by nurses responsible for general care or specialised nurses holding evidence of formal qualifications as a specialist which follows the training leading to the possession of professional titles listed in point 5.2.2 of Annex 5 to this Law. The provisions of this paragraph shall also apply to persons referred to in subparagraph 7 of Article 10 of this Law.
84. In the cases specified in subparagraph 1 of Article 10 of this Law, the competent authorities of the Republic of Lithuania may require an adaptation period or an aptitude test if the migrant pursues professional activities in a self-employed capacity or as a manager of a legal entity which require the knowledge and application of specific national legal acts, provided that the knowledge and application of those legal acts are required for access to such activities by nationals of the Republic of Lithuania.
85. If the competent authority intends to require the person to complete an adaptation period or take an aptitude test, it shall have the right, in accordance with the procedure laid down by legal acts, to ascertain whether the knowledge acquired by the person in the course of his professional experience in a Member State or third country is of a nature to cover, in full or in part, the substantially different matters referred to in paragraph 2 of this Article.
86. To carry out an aptitude test, the competent authorities shall prepare a list of subjects, which shall be drawn up by comparing the subjects of the training programme in the Republic of Lithuania with the subjects specified in the person’s attestation of competence or other evidence of formal qualifications.
87. An aptitude test must include subjects of the training programme, selected from the list referred to in paragraph 8 of this Article the knowledge of which is essential for pursuing the relevant profession or professional activities in the Republic of Lithuania.
88. The rules for application, administration and evaluation of an aptitude test shall be established by the competent authority.
89. An adaptation period and rules for its evaluation, the rights and duties of a person undergoing supervised practice during the adaptation period shall be established by the competent authority.
90. The right of a person undergoing supervised practice and wishing to prepare for an aptitude test to reside in the Republic of Lithuania, the social guarantees and privileges shall be regulated by laws and other legal acts of the Republic of Lithuania. Article
91. Waiving of Compensation Measures on the Basis of Common Criteria for Compensating for Differences in Professional Qualifications Where the person’s professional qualifications satisfy the common criteria for compensating for differences in professional qualifications, the competent authorities of the Republic of Lithuania shall waive the application of compensation measures. CHAPTER II RECOGNITION OF PROFESSIONAL EXPERIENCE Article
92. Requirements Regarding Professional Experience
93. If, in the Republic of Lithuania, pursuit of one of the activities listed in Annex 4 to this Law is contingent upon possession of general, commercial or professional knowledge and aptitudes, the Republic of Lithuania shall recognise previous pursuit of the activity in another Member State as sufficient proof of such knowledge and aptitudes. The activity must have been pursued in accordance with the requirements of this Article.
94. The Government of the Republic of Lithuania or an institution authorised by it shall issue the required attestation certifying the professional experience and its duration to persons moving to pursue regulated professional activity referred to paragraphs 3, 6 and 8 of this Article in Member States.
95. For the activities in list I of Annex 4 to this Law, the activity in question must have been previously pursued: 1) for six consecutive years on a self-employed basis or as a manager of an undertaking; or 2) for three consecutive years on a self-employed basis or as a manager of an undertaking, where the person proves that he has received previous training of at least three years for the activity in question, evidenced by a certificate recognised by the Member State or judged by a competent professional body to be fully valid; or 3) for four consecutive years on a self-employed basis or as a manager of an undertaking, where the person can prove that he has received, for the activity in question, previous training of at least two years’ duration, attested by a certificate recognised by the Member State or judged by a competent professional body to be fully valid; or 4) for three consecutive years on a self-employed basis, if the person can prove that he has pursued the activity in question on an employed basis for at least five years; or 5) for five consecutive years in an executive position, of which at least three years involved technical duties and responsibility for at least one department of the undertaking, if the person can prove that he has received, for the activity in question, previous training of at least three years’ duration, as attested by a certificate recognised by the Member State or judged by a competent professional body to be fully valid.
96. In cases specified in subparagraphs 1 and 4 of paragraph 3 of this Article, the activity must not have finished more than 10 years before the date on which the person submitted an application to the competent authority referred to in Article 53 of this Law.
97. Subparagraph 5 of paragraph 3 of this Article shall not apply to activities in Group ex 855, hairdressing establishments, of the ISIC (International Standard Industrial Classification of All Economic Activities) Nomenclature.
98. For the activities in list II of Annex 4 to this Law, the activity in question must have been previously pursued: 1) for five consecutive years on a self-employed basis or as a manager of an undertaking; or 2) for three consecutive years on a self-employed basis or as a manager of an undertaking, where the person proves that he has received previous training of at least three years for the activity in question, evidenced by a certificate recognised by the Member State or judged by a competent professional body to be fully valid; or 3) for four consecutive years on a self-employed basis or as a manager of an undertaking, where the person can prove that he has received, for the activity in question, previous training of at least two years’ duration, attested by a certificate recognised by the Member State or judged by a competent professional body to be fully valid; or 4) for three consecutive years on a self-employed basis or as a manager of an undertaking, if the person can prove that he has pursued the activity in question on an employed basis for at least five years; or 5) for five consecutive years on an employed basis, where the person can prove that he has received, for the activity in question, previous training of at least three years’ duration, as attested by a certificate recognised by the Member State or judged by a competent professional body to be fully valid; or 6) for six consecutive years on an employed basis, where the person can prove that he has received, for the activity in question, previous training of at least two years’ duration, as attested by a certificate recognised by the Member State or judged by a competent professional body to be fully valid; or
99. In cases specified in subparagraphs 1 and 4 of paragraph 6 of this Article, the activity must not have finished more than 10 years before the date on which the person submitted an application to the competent authority referred to in Article 53 of this Law.
100. For the activities in list III of Annex 4 to this Law, the activity in question must have been previously pursued: 1) for three consecutive years on a self-employed basis or as a manager of an undertaking; or 2) for two consecutive years on a self-employed basis or as a manager of an undertaking, where the person can prove that he has received, for the activity in question, previous training of at least two years’ duration, attested by a certificate recognised by the Member State or judged by a competent professional body to be fully valid; or 3) for two consecutive years on a self-employed basis or as a manager of an undertaking, if the person can prove that he has pursued the activity in question on an employed basis for at least three years; or 4) for three consecutive years on an employed basis, where the person can prove that he has received previous training for the activity in question, as attested by a certificate recognised by the Member State or judged by a competent professional body to be fully valid.
101. In cases specified in subparagraphs 1 and 3 of paragraph 8 of this Article, the activity must not have finished more than 10 years before the date on which the person submitted an application to the competent authority referred to in Article 53 of this Law. CHAPTER III RECOGNITION OF QUALIFICATIONS ON THE BASIS OF COORDINATION OF MINIMUM TRAINING CONDITIONS SECTION ONE GENERAL PROVISIONS Article
102. Principle of Automatic Recognition of Professional Qualification
103. Competent authorities (in accordance with the procedure laid down by them) shall recognise the evidence of formal qualifications listed in points 5.1.1, 5.1.2, 5.2.2, 5.3.2, 5.3.3, 5.4.2, 5.6.2 and 5.7.1 of Annex 5 to this Law respectively, giving access to the professional activities of doctor with basic training and specialised doctor, nurse responsible for general care, dental practitioner, specialised dental practitioner, veterinary surgeon, pharmacist and architect. Such evidence of formal qualifications must satisfy the minimum training conditions referred to in Articles 20, 21, 27, 30, 31, 34, 40 and 42 of this Law respectively. Such evidence shall have the same effect in the Republic of Lithuania as the evidence of formal qualifications which it itself issues.
104. The evidence of formal qualifications specified in paragraph 1 of this Article shall be issued by the competent authorities of the Member States and accompanied, where appropriate, by the certificates listed in points 5.1.1, 5.1.2, 5.2.2, 5.3.2, 5.3.3, 5.4.2, 5.6.2 and 5.7.1 of Annex 5 to this Law.
105. The provisions of paragraphs 1 and 2 of this Article shall not affect the acquired rights referred to in Articles 19, 23, 29, 33, 35 and 45 of this Law.
106. The competent authority shall recognise evidence of formal qualifications required to pursue general medical practice listed in point 5.1.4 of Annex 5 to this Law, which was issued to nationals of the Member States by the other Member States in accordance with the minimum training conditions laid down in Article
107. The provisions of this paragraph shall not affect the acquired rights referred to in Article 26 of this Law.
108. The competent authority shall recognise evidence of formal qualifications as a midwife, awarded to nationals of Member States by the other Member States, listed in point 5.5.2 of Annex 5 to this Law, which complies with the minimum training conditions referred to in Article 36 and satisfies the criteria set out in Article 37, and, when evaluating the possible pursuit of the professional activities, shall give such evidence the same effect on the territory of the Republic of Lithuania as the evidence of formal qualifications which is issued in the Republic of Lithuania . The provision of this paragraph shall not affect the acquired rights referred to in Articles 19 and 39 of this Law.
109. Evidence of formal qualifications as an architect referred to in point 5.7.1 of Annex 5 to this Law, which is subject to automatic recognition pursuant to paragraphs 1-3 of this Article, shall prove completion of a course of training which began not earlier than during the academic reference year specified in point 5.7.1 of Annex 5 to this Law.
110. The competent authorities shall make access to and pursuit of the professional activities of doctors, nurses responsible for general care, dental practitioners, veterinary surgeons, midwives and pharmacists subject to possession of evidence of formal qualifications, attesting that the person concerned has acquired over the duration of his training, and where appropriate, the knowledge and skills referred to in paragraph 3 of Article 20, paragraph 6 of Article 27, paragraph 5 of Article 30, paragraph 5 of Article 34, paragraph 6 of Article 36 and paragraph 5 of Article 40, which regulate the education and training for these professions. Article
111. Common Provisions on Training
112. With regard to the training referred to in Articles 20, 21, 24, 27, 30, 31, 34, 36, 40 and 42 of this Law, the Government of the Republic of Lithuania or an institution authorised by it may provide for part-time training pursuant to the set requirements. Competent authorities shall ensure that the overall duration, level and quality of such training is not lower than that of continuous full-time training.
113. Continuing education and training shall ensure that persons who have completed their studies are able to keep abreast of professional development and maintain safe and effective practice. Article
114. Acquired Rights
115. Without prejudice to the acquired rights specific to the profession concerned, the competent authorities of the Republic of Lithuania in cases where the evidence of formal qualifications of the Member States giving access to the professional activities does not satisfy all the training requirements referred to in Articles 20, 21, 27, 30, 31, 34, 36 and 40 of this Law shall recognise as sufficient proof evidence of formal qualifications insofar as such evidence attests successful completion of training which began before the reference dates specified in points 5.1.1, 5.1.2, 5.2.2, 5.3.2, 5.3.3, 5.4.2 and 5.6.2 of Annex 5 to this Law.
116. In the cases referred to in paragraph 1 of this Article, the evidence of formal qualifications must be accompanied by a certificate stating that the holder has been effectively and lawfully engaged in the activities in question for at least three consecutive years during the five years preceding the award of the certificate.
117. The provisions of paragraphs 1 and 2 of this Article shall apply to evidence of formal qualifications giving access to the professional activities of doctor with basic training and specialised doctor, nurse responsible for general care, dental practitioner, specialised dental practitioner, veterinary surgeon, midwife and pharmacist, obtained in the territory of the former German Democratic Republic, which does not satisfy all the minimum training requirements specified in Articles 20, 21, 27, 30, 31, 34, 36 and 40 of this Law if such evidence certifies successful completion of: 1) the training as doctor with basic training, nurse responsible for general care, dental practitioner, specialised dental practitioner, veterinary surgeon, midwife and pharmacist which began before 3 October 1990; 2) the training as specialised doctor which began before 3 April 1992;
118. The evidence of formal qualifications referred to in paragraph 1 of this Article shall confer on the holder the right to pursue professional activities throughout German territory under the same conditions as evidence of formal qualifications issued by the competent German authorities referred to in points 5.1.1, 5.1.2, 5.2.2, 5.3.2, 5.3.3, 5.4.2, 5.5.2 and 5.6.2 of Annex 5 to this Law.
119. In order for nationals of the Member States to pursue, in the Republic of Lithuania, the professional activities of doctor with basic training and specialised doctor, nurse responsible for general care, dental practitioner, specialised dental practitioner, veterinary surgeon, midwife and pharmacist referred to in paragraph 2 of Article 41 and professional activities of architect referred to in Article 44 of this Law, the competent authority of the Republic of Lithuania, without prejudice to the provisions of paragraph 1 of Article 33, shall recognise evidence of formal qualifications of nationals of the Member States giving access to the professional activities of doctor with basic training and specialised doctor, nurse responsible for general care, dental practitioner, specialised dental practitioner, veterinary surgeon, midwife, pharmacist and architect issued by the former Czechoslovakia, or where the training of these specialists commenced before 1 January 1993 in the Czech Republic and Slovakia if the competent authorities of either of the two aforementioned Member States attest that such evidence of formal qualifications has the same legal validity within their territory as the evidence of formal qualifications which they issue and, with respect to architects, as the evidence of formal qualifications specified for those Member States in point 6 of Annex 6 to this Law.
120. The competent authority of the Republic of Lithuania shall recognise evidence of formal qualifications of nationals of the Member States issued in the former Soviet Union giving access to the professional activities of doctor with basic training and specialised doctor, nurse responsible for general care, dental practitioner, specialised dental practitioner, veterinary surgeon, midwife, pharmacist and architect, or whose training commenced: 1) for Estonia, before 20 August 1991; 2) for Latvia, before 21 August 1991; 3) for Lithuania, before 11 March
122. In order for nationals of the Member States to pursue, in the Republic of Lithuania, the professional activities of doctor with basic training and specialised doctor, nurse responsible for general care, dental practitioner, specialised dental practitioner, veterinary surgeon, midwife and pharmacist referred to in paragraph 2 of Article 41 and professional activities of architect referred to in Article 44 of this Law, the competent authority of the Republic of Lithuania shall recognise evidence of formal qualifications if the competent authorities of the Member States referred to in subparagraphs 1-3 of paragraph 6 of this Article attest that such evidence of formal qualifications has the same legal validity as the evidence of formal qualifications which they issue and, with respect to architects, as the evidence of formal qualifications specified for those Member States in point 6 of Annex 6 to this Law.
123. With regard to evidence of formal qualifications as veterinary surgeons issued by the former Soviet Union or in respect of which training commenced, for Estonia, before 20 August 1991, the evidence of formal qualifications must be accompanied by a certificate issued by the competent authorities of Estonia, stating that such persons have effectively and lawfully been engaged in the activities in question within their territory for at least five consecutive years during the seven years prior to the date of issue of the certificate.
124. In order for nationals of the Member States to pursue, in the Republic of Lithuania, the professional activities of doctor with basic training and specialised doctor, nurse responsible for general care, dental practitioner, specialised dental practitioner, veterinary surgeon, midwife and pharmacist referred to in paragraph 2 of Article 41 and professional activities of architect referred to in Article 44 of this Law, the competent authority of the Republic of Lithuania shall recognise evidence of formal qualifications of nationals of the Member States giving access to the professional activities of doctor with basic training and specialised doctor, nurse responsible for general care, dental practitioner, specialised dental practitioner, veterinary surgeon, midwife, pharmacist and architect issued by the former Yugoslavia, or where the training of these specialists in Slovenia commenced before 25 June 1991, where the competent authorities of the aforementioned Member State attest that such evidence of formal qualifications has the same legal validity within their territory as the evidence of formal qualifications which they issue and, with respect to architects, as the evidence of formal qualifications specified for those Member States in point 6 of Annex 6 to this Law.
125. The evidence of formal qualifications specified in paragraphs 5, 7 and 9 of this Article must be accompanied by a certificate issued by the same competent authorities stating that such persons have effectively and lawfully been engaged in the activities in question within their territory for at least three consecutive years during the five years prior to the date of issue of the certificate.
126. The competent authority of the Republic of Lithuania shall recognise as sufficient proof for nationals of Member States whose evidence of formal qualifications as a doctor, nurse responsible for general care, dental practitioner, veterinary surgeon, midwife and pharmacist does not correspond to the evidence of formal qualifications specified for that Member State in points 5.1.1, 5.1.2, 5.1.3, 5.1.4, 5.2.2, 5.3.2, 5.3.3, 5.4.2, 5.5.2 and 5.6.2 of Annex 5 to this Law, evidence of formal qualifications issued by those Member States accompanied by a certificate issued by the competent authorities.
127. The certificate referred to in paragraph 11 of this Article must state that the evidence of formal qualifications certifies successful completion of training in accordance with the requirements laid down in Articles 20, 21, 24, 27, 30, 31, 34, 36 and 40 of this Law respectively and is treated by the Member State which issued it in the same way as the evidence of formal qualifications referred to in points 5.1.1., 5.1.2, 5.1.3, 5.1.4, 5.2.2, 5.3.2, 5.3.3, 5.4.2, 5.5.2 and 5.6.2 of Annex 5 to this Law.
128. The competent authority of the Republic of Lithuania shall not recognise the professional qualifications of Bulgarian paramedics (фелдшер) acquired before 31 December 1999 in Bulgaria who, on 1 January 2000, pursued the professional activities of doctors of medicine or nurses responsible for general care under the Bulgarian social security system in accordance with the provisions of this Law. SECTION TWO DOCTORS OF MEDICINE Article
129. Basic Medical Training
130. Admission to basic medical training shall be contingent upon possession of a diploma or certificate providing access to universities.
131. Basic medical training shall comprise a total of at least six years of study or 5 500 hours of theoretical and practical training provided by, or under the supervision of, a university. For persons who began their studies before 1 January 1972, the course of training referred to in this paragraph may comprise six months of full-time practical training at university under the supervision of the competent authorities.
132. Upon completion of basic medical training, a person must possess the following knowledge and skills: 1) adequate knowledge of the sciences on which medicine is based and a good understanding of scientific methods including the principles of measuring biological functions, the evaluation of scientifically established facts and the analysis of data; 2) sufficient understanding of the structure, functions and behaviour of healthy and sick persons, as well as relations between the state of health and physical and social surroundings of the human being; 3) adequate knowledge of clinical disciplines and practices, providing him with a coherent picture of mental and physical diseases, of medicine from the points of view of prophylaxis, diagnosis and therapy and of human reproduction; 4) suitable clinical experience in hospitals under appropriate supervision. Article
133. Specialist Medical Training
134. Admission to specialist medical training shall be contingent upon completion and validation of six years of study as part of a training programme referred to in Article 20 of this Law in the course of which the trainee has acquired the relevant knowledge of basic medicine.
135. Specialist medical training shall comprise theoretical and practical training at a university or medical teaching hospital or a medical care establishment approved for that purpose by the competent authorities.
136. The minimum duration of specialist medical training must not be less than the duration provided for in point 5.1.3 of Annex 5 to this Law.
137. Specialist medical training must be given under the supervision of the competent authority. Specialist medical training shall include personal participation of the trainee specialised doctor in the activity and responsibilities entailed by the services in question.
138. Specialist medical training must be given on a full-time basis at specific establishments that are recognised by the competent authorities. The department of the establishment specified in paragraph 2 of this Article providing specialist medical training must participate in the full range of medical activities, including duty on call, and all the professional activity of the trainee specialist must be devoted to his practical and theoretical training throughout the entire working week and throughout the year in accordance with the established procedure. Accordingly, these posts must be appropriately remunerated.
139. Establishments providing specialist medical training shall make the issuance of evidence of formal qualifications as a specialised doctor contingent upon possession of evidence of basic medical training referred to in point 5.1.1 of Annex 5 to this Law.
140. The minimum periods of training referred to in point 5.1.3 of Annex 5 to this Law may be amended by the European Commission with a view to adapting them to scientific and technical progress. Article
141. Types of Specialist Medical Training
142. Evidence of formal qualifications as a specialised doctor referred to in Article 17 of this Law shall be such evidence awarded by the competent authorities referred to in point 5.1.2 of Annex 5 to this Law upon completion of the specialised training in question referred to in point 5.1.3 of Annex 5 to this Law.
143. New medical specialities common to at least two fifths of the Member States may be included in point 5.1.3 of Annex 5 to this Law by the European Commission. Article
144. Acquired Rights Specific to Specialised Doctors
145. The competent authority of the Republic of Lithuania shall require of specialised doctors arriving from other Member States whose part-time specialist medical training was governed by laws, regulations and administrative provisions in force as of 20 June 1975 and who began their specialist training no later than 31 December 1983 that their evidence of formal qualifications be accompanied by a certificate stating that they have been effectively and lawfully engaged in the relevant activities for at least three consecutive years during the five years preceding the award of that certificate.
146. The competent authority of the Republic of Lithuania shall recognise the qualification of specialised doctors awarded in Spain to doctors who completed their specialist training before 1 January 1995, even if that training does not satisfy the minimum training requirements provided for in Article 21 of this Law, in so far as that qualification is accompanied by a certificate issued by the competent Spanish authorities and attesting that the person concerned has passed the examination in specific professional competence held in the context of exceptional measures concerning recognition laid down in Royal Decree 1497/99, with a view to ascertaining that the person concerned possesses a level of knowledge and skill comparable to that of doctors who possess a qualification as a specialised doctor defined for Spain in points 5.1.2 and 5.1.3 of Annex 5 to this Law.
147. If the Republic of Lithuania repeals its laws, regulations and administrative provisions relating to the award of evidence of formal qualifications as a specialised doctor referred to in points 5.1.2 and 5.1.3 of Annex 5 to this Law and adopts measures relating to acquired rights of nationals of the Republic of Lithuania, it must grant nationals of other Member States the right to benefit from those measures, in so far as such evidence of formal qualifications was issued before the date on which the competent authority of the Republic of Lithuania ceased to issue such evidence for the speciality in question. The dates on which the provisions of this paragraph were repealed must be set out in point 5.1.3 of Annex 5 to this Law. Article
148. Specific Training in General Medical Practice
149. Admission to specific training in general medical practice (residency) shall be contingent on the completion and validation of six years of study as part of a training programme referred to in Article 20 of this Law.
150. The specific training in general medical practice leading to the award of evidence of formal qualifications issued before 1 January 2006 must be of duration of at least two years on a full-time basis. In the case of evidence of formal qualifications issued after the date specified in this paragraph, the specific training in general medical practice must of a duration of at least three years on a full-time basis.
151. Where the training programme referred to in Article 20 comprises practical training given by a hospital approved by the competent authority possessing appropriate general medical equipment and providing general medical services or as part of an approved general medical practice or a centre in which doctors provide primary medical care, the duration of that practical training may, up to a maximum of one year, be included in the duration provided for in paragraph 1 of this Article for certificates of training issued on or after 1 January
153. The option provided for in paragraphs 2 and 3 of this Article must be available only for Member States in which the specific training in general medical practice lasted two years as of 1 January
155. The specific training in general medical practice shall be carried out on a full-time basis, under the supervision of the competent authorities. It must be more practical than theoretical.
156. The specific training in general medical practice must be given for at least six months in a hospital approved by the competent authority possessing appropriate general medical equipment and providing appropriate services or for at least six months as part of an approved general medical practice in a centre at in which doctors provide primary health care. The practical training must take place in conjunction with other health establishments or structures concerned with general medicine.
157. Without prejudice to the minimum periods of training laid down in paragraph 6 of this Article, the practical training may be given during a period of not more than six months in other approved establishments or health structures concerned with general medicine. The training shall require the personal participation of the trainee in the professional activity and responsibilities of the doctors with whom he is working.
158. The competent authority shall make the issuance of evidence of formal qualifications in general medical practice subject to possession of evidence of formal qualifications in basic medical training referred to in point 5.1.1 of Annex 5 to this Law.
159. The competent authority may issue evidence of formal qualifications referred to in point 5.1.4 of Annex 5 to this Law to a doctor who has not completed the training provided for in this Article but who has completed a different, supplementary training, as attested by evidence of formal qualifications in general medical practice issued by the competent authorities in the Member State.
160. The competent authority may not award evidence of formal qualifications in general medical practice unless the person possesses the knowledge equivalent to the knowledge acquired from the training provided for in this Article.
161. The competent authority of the Republic of Lithuania shall determine whether the complementary training and professional experience already acquired by the person may replace the training provided for in this Article.
162. The competent authority may only issue the evidence of formal qualifications referred to in point 5.1.4 of Annex 5 to this Law if the person has acquired at least six months’ experience of general medicine in a general medical practice or a centre in which doctors provide primary health care referred to in paragraphs 5-7 of this Article. Article
163. Pursuit of the Professional Activities of General Practitioners
164. The Republic of Lithuania shall, subject to the provisions relating to acquired rights, make the pursuit of the activities of a general practitioner in the framework of the social security system of the Republic of Lithuania contingent upon possession of evidence of formal qualifications referred to in point 5.1.4 of Annex 5 to this Law.
165. The competent authority of the Republic of Lithuania shall exempt persons who have begun specific training in general medicine before the entry into force of this Law from the provisions of paragraph 1 of this Article. Article
166. Acquired Rights Specific to General Practitioners
167. The Republic of Lithuania shall confer the right to pursue the activities of a general practitioner in the framework of the social security system of the Republic of Lithuania, without the evidence of formal qualifications referred to in point 5.1.4 of Annex 5 to this Law, on all doctors who enjoy this right as of the reference date stated in point 5.1.4 of Annex 5 to this Law by virtue of provisions applicable to the medical profession giving access to the professional activities of doctor with basic training who has been established on the territory of the Republic of Lithuania on that date in compliance with the provisions of Articles 17 and 19 of this Law.
168. Upon receiving a request, the competent authority shall issue a certificate stating the holder’s right to pursue the activities of general practitioner in the framework of the social security system of the Republic of Lithuania, without the evidence of formal qualifications referred to in point 5.1.4 of Annex 5 to this Law, to doctors who enjoy acquired rights pursuant to paragraph 1 of this Article.
169. The competent authority of the Republic of Lithuania shall recognise the certificates referred to in paragraph 2 of this Article awarded to nationals of Member States by the other Member States. Such certificates shall have the same effect as evidence of formal qualifications awarded in the Republic of Lithuania and which permits the pursuit of the activities of a general practitioner in the framework of the social security system of the Republic of Lithuania. SECTION THREE NURSES RESPONSIBLE FOR GENERAL CARE Article
170. Training of Nurses Responsible for General Care
171. Admission to training of nurses responsible for general care shall be contingent upon completion of general education of at least 10 years, as attested by a diploma, certificate or other state-approved evidence issued by the education bodies attesting success in an examination, of an equivalent level, for admission to a school of nursing.
172. Training of nurses responsible for general care shall be given on a full-time basis specified in point 5.2.1 of Annex 5 to this Law. The content listed in point 5.2.1 of Annex 5 to this Law may be amended by the European Commission with a view to adapting it to scientific and technical progress. Such updates shall not entail any amendment of existing legislative principles relating to the structure of professions as regards training and the conditions of access by natural persons.
173. The training of nurses responsible for general care must comprise at least three years of study or 4 600 hours of theoretical and clinical training. The duration of the theoretical training must represent at least one-third of the specified hours and the duration of the clinical training at least one half of the minimum duration of the training specified in this paragraph. The competent authority may grant partial exemptions to persons who have received part of their training on courses which are of an equivalent level. The Ministry of Health of the Republic of Lithuania and the Ministry of Education and Science of the Republic of Lithuania shall ensure that institutions providing nursing training are responsible for the coordination of theoretical and clinical training throughout the entire study programme.
174. Theoretical training shall be that part of nurse training from which trainee nurses acquire the professional knowledge, insights and skills necessary for organising, dispensing and evaluating overall health care. The training shall be given by teachers of nursing care and by other competent persons in nursing schools and other training establishments selected by the training institution.
175. Clinical training shall be that part of nurse training in which trainee nurses learn, as part of a team and in direct contact with healthy or sick persons and/or community, to organise, dispense and evaluate the required comprehensive nursing care, on the basis of the knowledge and skills which they have acquired. The trainee nurses shall learn not only how to work in a team, but also how to lead a team and organise overall nursing care, including health education for individuals and small groups, within the health institute or in the community. This training shall take place in hospitals and other health institutions and in the community, under the responsibility of nursing teachers, in cooperation with and assisted by other qualified nurses. Other qualified personnel may also take part in the teaching process. Trainee nurses shall participate in the activities of the department in question insofar as those activities are appropriate to their training, enabling them to learn to assume the responsibilities involved in nursing care.
176. Upon completion of training for nurses responsible for general care, a person must possess the following knowledge and skills: 1) adequate knowledge of the sciences on which general nursing is based, including sufficient understanding of the structure, physiological functions and behaviour of healthy and sick persons, and of the relationship between the state of health and the physical and social environment of the human being; 2) sufficient knowledge of the nature and ethics of the profession and of the general principles of health and nursing; 3) adequate clinical experience (selected for its training value and gained under the supervision of qualified nursing staff in places where the number of qualified staff and equipment are appropriate for the nursing care of the patient); 4) the ability to participate in the practical training of health personnel and experience of working with such personnel; 5) experience of working with members of other professions in the health sector. Article
177. Pursuit of the Professional Activities of Nurses Responsible for General Care The professional activities of nurses responsible for general care may be pursued by persons in possession of the evidence of formal qualifications referred to in point 5.2.2 of Annex 5 to this Law. Article
178. Acquired Rights Specific to Nurses Responsible for General Care
179. Where the general rules of acquired rights apply to nurses responsible for general care, the activities referred to in Article 19 of this Law must include full responsibility for the planning, organisation and administration of nursing care delivered to the patient.
180. As regards the Polish qualification of nurse responsible for general care, only the following acquired rights provisions shall apply. In the case of nationals of the Member States whose evidence of formal qualifications as nurse responsible for general care was awarded by, or whose training started in, Poland before 1 May 2004 and who do not satisfy the minimum training requirements laid down in Article 27 of this Law, Member States shall recognise the following evidence of formal qualifications as nurse responsible for general care as being sufficient proof if accompanied by a certificate stating that those Member State nationals have effectively and lawfully been engaged in the activities of a nurse responsible for general care in Poland for the period specified below: 1) evidence of formal qualifications as a nurse at degree level (dyplom licencjata pielęgniarstwa)- at least three consecutive years during the five years prior to the date of issue of the certificate; 2) evidence of formal qualifications as a nurse certifying completion of post-secondary education obtained from a medical vocational school (dyplom pielęgniarki albo pielęgniarki dyplomowanej) – at least five consecutive years during the seven years prior to the date of issue of the certificate.
181. The activities referred to in paragraph 2 of this Article must include full responsibility for the planning, organisation and administration of nursing care delivered to the patient.
182. To verify that the person concerned has a level of knowledge and competence comparable to that of nurses holding the qualifications which, in the case of Poland, are defined in point 5.2.2 of Annex 5 to this Law, the competent authority of the Republic of Lithuania shall recognise evidence of formal qualifications in nursing awarded in Poland, to nurses who completed training before 1 May 2004, which did not comply with the minimum training requirements laid down in Article 27 of this Law, attested by the diploma ‘bachelor’ which has been obtained on the basis of a special upgrading programme contained in Article 11 of the Act of 20 April 2004 on the amendment of the Act on professions of nurse and midwife and on some other legal acts (Official Journal of the Republic of Poland of 30 April 2004 No 92, pos. 885), and the Regulation of the Minister of Health of 11 May 2004 on the detailed conditions of delivering studies for nurses and midwives, who hold a certificate of secondary school (final examination- matura) and are graduates of medical lyceum and medical vocational schools teaching in a profession of a nurse and a midwife ( Official Journal of the Republic of Poland of 13 May 2004 No 110, pos. 1170).
183. Where certificates of formal qualifications of nurses responsible for general care were awarded to nationals of Member States or their training to obtain this qualification in Romania began before 1 January 2007 and they do not comply with the minimum training requirements laid down in Article 27 of this Law, the competent authority of the Republic of Lithuania shall recognise evidence of formal qualifications certifying completion of post-secondary education as nurse responsible for general care (Certificat de competenţe profesionale de asistent medical generalist) awarded by the şcoală postliceală as being sufficient proof of professional qualification if accompanied by a certificate stating that those Member State nationals have effectively and lawfully been engaged in the activities of a nurse responsible for general care in Romania for at least five consecutive years during the seven years prior to the date of issue of the certificate. The activities of nurses responsible for general care must comply with the requirements laid down in paragraph 3 of Article 27 of this Law. SECTION FOUR DENTAL PRACTITIONERS Article
184. Basic Dental Training
185. Admission to basic dental training presupposes possession of a diploma or certificate giving access to universities or higher institutes of a level recognised as equivalent.
186. Basic dental training must comprise a total of at least five years of full-time theoretical and practical study, comprising at least the programme described in point 5.3.1 of Annex 5 to this Law and given in a university or a higher institute providing training recognised as being of an equivalent level or under the supervision of a university.
187. The content listed in point 5.3.1 of Annex 5 to this Law may be amended by the European Commission with a view to adapting it to scientific and technical progress.
188. The updates specified in paragraph 3 of this Article shall not entail any amendment of existing legislative principles relating to the structure of professions as regards training and the conditions of access by natural persons.
189. Upon completion of basic dental training, a person must possess the following knowledge and skills: 1) adequate knowledge of the sciences on which dentistry is based and a good understanding of scientific methods including the principles of measuring biological functions, the evaluation of scientifically established facts and the analysis of data; 2) adequate knowledge of the constitution, physiology and behaviour of healthy and sick persons as well as the influence of the natural and social environment on the state of health of human being, in so far as these factors affect dentistry; 3) adequate knowledge of the structure and function of the teeth, mouth, jaws and associated tissues, both healthy and diseased, and their relationship to the general state of health and to the physical and social well-being of the patient; 4) adequate knowledge of clinical disciplines and methods, providing the dentist with a coherent picture of anomalies, lesions and diseases of the teeth, mouth, jaws and associated tissues and of preventive, diagnostic and therapeutic dentistry; 5) suitable clinical experience under appropriate supervision.
190. Basic dental training must provide them with the skills necessary for carrying out all activities involving the prevention, diagnosis and treatment of anomalies and diseases of the teeth, mouth, jaws and associated tissues. Article
191. Specialist Dental Training
192. Admission to specialist dental training shall entail the completion and validation of five years of theoretical and practical instruction within the framework of the dental training referred to in Article 30 of this Law, or possession of the documents referred to in Articles 19 and 33 of this Law.
193. Specialist dental training shall comprise theoretical and practical instruction in a university centre, in a treatment teaching and research centre or a health establishment approved by the competent authority.
194. Full-time specialist dental courses shall be of a minimum of three years’ duration supervised by the competent authorities or bodies. Specialist dental training shall involve the personal participation of the dental practitioner in the activity of the establishment concerned and responsibility entailed by the services in question.
195. The minimum period of training referred to in paragraph 3 of this Article may be amended by the European Commission with a view to adapting it to scientific and technical progress.
196. The competent authority of the Republic of Lithuania shall make the issuance of evidence of specialist dental training contingent upon possession of evidence of basic dental training referred to in point 5.3.2 of Annex 5 to this Law. Article
197. Pursuit of the Professional Activities of Dental Practitioners
198. Persons in possession of evidence of formal qualifications referred to in point 5.3.2 of Annex 5 to this Law may pursue the professional activities of dental practitioners defined in paragraph 3 of this Article.
199. The profession of dental practitioner must be based on dental training referred to in Article 30 of this Law and shall constitute a specific profession which is distinct from other general or specialised medical professions. Pursuit of the activities of a dental practitioner shall require the possession of evidence of formal qualifications referred to in point 5.3.2 of Annex 5 to this Law. Holders of such evidence of formal qualifications shall be treated in the same way as those to whom Articles 19 and 33 apply.
200. The competent authority of the Republic of Lithuania, having regard to the regulatory provisions and rules of professional ethics on the reference dates specified in point 5.3.2 of Annex 5 to this Law, shall ensure that dental practitioners are generally able to gain access to and pursue the activities of prevention, diagnosis and treatment of anomalies and diseases affecting the teeth, mouth, jaws and adjoining tissue. Article
201. Acquired Rights Specific to Dental Practitioners
202. The competent authority of the Republic of Lithuania shall, for the purposes of the pursuit of the professional activities of dental practitioners under the qualifications listed in point 5.3.2 of Annex 5 to this Law, recognise evidence of formal qualifications as a doctor issued in Austria, the Czech Republic, Spain, Italy, Romania and Slovakia to persons who began their medical training on or before the reference date stated in that Annex for the Member State concerned, where accompanied by a certificate issued by the competent authorities of that Member State.
203. The certificate specified in paragraph 1 of this Article must show that the following conditions are met: 1) that the persons in question have been effectively, lawfully and principally engaged in that Member State in the activities referred to in Article 32 for at least three consecutive years during the five years preceding the award of the certificate; 2) that those persons are authorised to pursue the said activities under the same conditions as holders of evidence of formal qualifications specified for that Member State in point 5.3.2 of Annex 5 to this Law.
204. Persons, specified in paragraph 1 of this Article, who have successfully completed at least three years of study, certified by the competent authorities in the Member State concerned as being equivalent to the training referred to in Article 30 of this Law, shall be exempt from the three-year practical work experience referred to in subparagraph 1 of paragraph 2 of this Article.
205. Evidence of formal qualifications obtained in the former Czechoslovakia shall be accorded the same level of recognition as Czech and Slovak evidence of formal qualifications and under the same conditions as set out in paragraphs 1, 2 and 3 of this Article.
206. The competent authority of the Republic of Lithuania shall recognise evidence of formal qualifications as a doctor issued in Italy to persons who began their university medical training after 28 January 1980 and no later than 31 December 1984, if accompanied by a certificate issued by the competent Italian authorities.
207. The certificate specified in paragraph 5 of this Article must show that the following conditions are met: 1) that the persons in question passed the relevant aptitude test held by the competent Italian authorities with a view to establishing that those persons possess a level of knowledge and skills comparable to that of persons possessing evidence of formal qualifications listed for Italy in point 5.3.2 of Annex 5 to this Law; 2) that they have been effectively, lawfully and principally engaged in the activities referred to in Article 32 of this Law for at least three consecutive years during the five years preceding the award of the certificate; 3) that they are authorised to engage in or are effectively, lawfully and principally engaged in the activities referred to in Article 32 of this Law, under the same conditions as the holders of evidence of formal qualifications listed for Italy in point 5.3.2 of Annex 5 to this Law.
208. Persons, specified in paragraph 5 of this Article, who have successfully completed at least three years of study, certified by the competent authorities in the Member State concerned as being equivalent to the training referred to in Article 30 of this Law, shall be exempt from the three-year practical work experience referred to in subparagraph 1 of paragraph 2 of this Article.
209. Persons who began their university medical training after 31 December 1984 shall be treated in the same way as those referred to in paragraphs 5, 6 and 7 of this Article, provided that the three years of study mentioned in paragraph 7 of this Article began before 31 December
210. SECTION FIVE VETERINARY SURGEONS Article
211. Training of Veterinary Surgeons
212. The training of veterinary surgeons shall comprise a total of at least five years of full-time theoretical and practical study at a university or a higher institute providing training recognised as being of an equivalent level, or under the supervision of a university, covering at least the study programme referred to in point 5.4.1 of Annex 5 to this Law.
213. The content listed in point 5.4.1 of Annex 5 to this Law may be amended by the European Commission with a view to adapting it to scientific and technical progress.
214. Such updates shall not entail any amendment of existing legislative principles relating to the structure of professions as regards training and the conditions of access by natural persons.
215. Admission to veterinary training shall be contingent upon possession of a diploma or certificate giving access to universities or higher institutes of a Member State of a level recognised as equivalent.
216. Upon completion of veterinary training, a person must possess the following knowledge and skills: 1) adequate knowledge of the sciences on which the activities of the veterinary surgeon are based: 2) adequate knowledge of the structure and functions of healthy animals, of their husbandry, reproduction and hygiene, as well as their feeding, including the technology involved in the manufacture and preservation of foods corresponding to their needs; 3) adequate knowledge of the behaviour and protection of animals; 4) adequate knowledge of the causes, nature, course, effects, diagnosis and treatment of the diseases of animals, whether considered individually or in groups, including a special knowledge of the diseases which may be transmitted to humans; 5) adequate knowledge of preventive medicine; 6) adequate knowledge of the hygiene and technology involved in the production, manufacture and putting into circulation of animal foodstuffs or foodstuffs of animal origin intended for human consumption; 7) adequate knowledge of the laws, regulations and administrative provisions relating to the subjects listed in subparagraphs 1-6 of this paragraph; 8) adequate clinical and other practical experience under appropriate supervision. Article
217. Acquired Rights Specific to Veterinary Surgeons Without prejudice to paragraphs 6-8 of Article 19 of this Law, with regard to nationals of Member States whose evidence of formal qualifications as a veterinary surgeon was issued by, or whose training commenced in, Estonia before 1 May 2004, the competent authority of the Republic of Lithuania shall recognise such evidence of formal qualifications as a veterinary surgeon if it is accompanied by a certificate stating that such persons have effectively and lawfully been engaged in the activities in question in Estonia for at least five consecutive years during the seven years prior to the date of issue of the certificate. SECTION SIX MIDWIVES Article
218. Training of Midwives
219. The training of midwives shall comprise a total of at least: 1) specific full-time training as a midwife comprising at least three years of theoretical ad practical study (route I), comprising at least the programme described in point 5.5.1 of Annex 5 to this Law, or 2) specific full-time training as a midwife of 18 months’ duration (route II) comprising at least the study programme described in point 5.5.1 of Annex 5 to this Law, which was not the subject of equivalent training of nurses responsible for general care.
220. Institutions providing midwife training shall be responsible for coordinating theory and practice throughout the programme of study.
221. The content listed in point 5.5.1 of Annex 5 to this Law may be amended by the European Commission with a view to adapting it to scientific and technical progress.
222. The updates specified in paragraph 3 of this Article shall not entail any amendment of existing legislative principles relating to the structure of professions as regards training and the conditions of access by natural persons.
223. Access to training as a midwife shall be contingent upon one of the following conditions: 1) access to training as a midwife specified in subparagraph 1 of paragraph 1 of this Article shall be contingent upon completion of at least the first 10 years of general school education; 2) access to training as a midwife specified in subparagraph 2 of paragraph 1 of this Article shall be contingent upon possession of evidence of formal qualifications as a nurse responsible for general care referred to in point 5.2.2 of Annex 5 to this Law.
224. Upon completion of training as a midwife, a person must possess the following knowledge and skills: 1) adequate knowledge of the sciences on which the activities of midwives are based, particularly obstetrics and gynaecology; 2) adequate knowledge of the ethics of the profession and the professional legislation; 3) adequate knowledge of biological functions, anatomy and physiology in the field of obstetrics and of the newly born, and also a knowledge of the relationship between the state of health and the physical and social environment of the human being, and of his behaviour; 4) adequate clinical experience gained in approved institutions under the supervision of staff qualified in midwifery and obstetrics; 5) adequate understanding of the training of health personnel and experience of working with such. Article
225. Procedures for the Recognition of Evidence of Formal Qualifications as a Midwife
226. The evidence of formal qualifications as a midwife referred to in point 5.5.2 of Annex 5 to this Law shall be subject to automatic recognition pursuant to Article 17 of this Law.
227. The evidence of formal qualifications as a midwife shall be subject to automatic recognition in so far as they satisfy the following criteria: 1) completion of full-time training of at least three years as a midwife; 2) completion of full-time training as a midwife of at least two years or 3 600 hours, contingent upon possession of evidence of formal qualifications as a nurse responsible for general care referred to in point 5.2.2 of Annex 5 to this Law; 3) completion of full-time training as a midwife of at least 18 months or 3 000 hours, contingent upon possession of evidence of formal qualifications as a nurse responsible for general care referred to in point 5.2.2 of Annex 5 to this Law and followed by one year’s professional practice for which a certificate has been issued in accordance with paragraph 4 of this Article.
228. Full-time training as a midwife referred to in subparagraph 1 of paragraph 2 of this Article shall be contingent: 1) upon possession of a diploma, certificate or other evidence of qualification giving access to universities or higher education institutes, or otherwise guaranteeing an equivalent level of knowledge; or 2) following two years of professional practice for which a certificate has been issued in accordance with the provisions of paragraph 4 of this Article.
229. The certificate referred to in paragraph 1 of this Article shall be issued by the competent authorities in the home Member State. It shall certify that the holder, after obtaining evidence of formal qualifications as a midwife, has satisfactorily pursued all the activities of a midwife for a corresponding period in a hospital or a health care establishment approved by the competent authority. Article
230. Pursuit of the Professional Activities of a Midwife
231. The provisions of this Chapter shall apply to the activities of midwives as defined by the competent authority in the Republic of Lithuania, without prejudice to paragraph 2 of this Article and pursued under the professional titles set out in point 5.5.2 of Annex 5 to this Law.
232. In the Republic of Lithuania, midwives may pursue at least the following activities: 1) provision of sound family planning information and advice; 2) diagnosis of pregnancies and monitoring normal pregnancies; carrying out the examinations necessary for the monitoring of the development of normal pregnancies; 3) prescribing or advising on the examinations necessary for the earliest possible diagnosis of pregnancies at risk; 4) provision of programmes of parenthood preparation and complete preparation for childbirth including advice on hygiene and nutrition; 5) caring for and assisting the mother during labour and monitoring the condition of the foetus in utero by the appropriate clinical and technical means; 6) conducting spontaneous deliveries including where required episiotomies and in urgent cases breech deliveries; 7) recognising the warning signs of abnormality in the mother or infant which necessitate referral to a doctor and assisting the latter where appropriate; taking the necessary emergency measures in the doctor’s absence, in particular the manual removal of the placenta, possibly followed by manual examination of the uterus; 8) examining and caring for the new-born infant; taking all initiatives which are necessary in case of need and carrying out where necessary immediate resuscitation; 9) caring for and monitoring the progress of the mother in the post-natal period and giving all necessary advice to the mother on infant care to enable her to ensure the optimum progress of the new-born infant; 10) carrying out treatment prescribed by doctors; 11) drawing up the necessary written reports. Article
233. Acquired Rights Specific to Midwives
234. The competent authority in the Republic of Lithuania shall, in the case of Member State nationals whose evidence of formal qualifications as a midwife satisfies all the minimum training requirements laid down in Article 36 of this Law but, by virtue of Article 37 of this law, is not recognised unless it is accompanied by a certificate of professional practice referred to in paragraph 2 of Article 37 of this Law, recognise as sufficient proof evidence of formal qualifications issued by those Member States before the reference date specified in point 5.5.2 of Annex 5 to this Law, accompanied by a certificate stating that those nationals have been effectively and lawfully engaged in the activities in question for at least two consecutive years during the five years preceding the award of the certificate.
235. The requirements laid down in paragraph 1 of this Article shall apply to the nationals of Member States whose evidence of formal qualifications as a midwife certifies completion of training received in the territory of the former German Democratic Republic and satisfying all the minimum training requirements laid down in Article 36 of this Law but where the evidence of formal qualifications, by virtue of Article 37 of this Law, is not recognised unless it is accompanied by the certificate of professional experience referred to in paragraph 2 of Article 37 of this Law, where it attests a course of training which began before 3 October
237. As regards the Polish evidence of formal qualifications as a midwife, the acquired rights provisions specified in paragraph 4 of this Article shall apply.
238. In the case of nationals of the Member States whose evidence of formal qualifications as a midwife was awarded by, or whose training commenced in, Poland before 1 May 2004 and who do not satisfy the minimum training requirements laid down in Article 36 of this Law, Member States shall recognise the following evidence of formal qualifications as a midwife if accompanied by a certificate stating that those Member State nationals have effectively and lawfully been engaged in the activities of a midwife for the period specified below: 1) evidence of formal qualifications as a midwife at degree level (dyplom licencjata położnictwa)- at least three consecutive years during the five years prior to the date of issue of the certificate; 2) evidence of formal qualifications as a midwife certifying completion of post-secondary education obtained from a medical vocational school (dyplom położnej) – at least five consecutive years during the seven years prior to the date of issue of the certificate.
239. To verify that the person concerned has a level of knowledge and competence comparable to that of a midwife holding the qualifications which, in the case of Poland, are defined in point 5.5.2 of Annex 5 to this Law, the competent authority in the Republic of Lithuania shall recognise evidence of formal qualifications in midwifery awarded in Poland, to midwives who completed training before 1 May 2004, which did not comply with the minimum training requirements laid down in Article 36 of this Law, attested by the diploma ‘bachelor’ which has been obtained on the basis of a special upgrading programme contained in Article 11 of the Act of 20 April 2004 on the amendment of the Act on professions of nurse and midwife and on some other legal acts (Official Journal of the Republic of Poland of 30 April 2004 No 92, pos. 885), and the Regulation of the Minister of Health of 11 May 2004 on the detailed conditions of delivering studies for nurses and midwives, who hold a certificate of secondary school (final examination- matura) and are graduates of medical lyceum and medical vocational schools teaching in a profession of a nurse and a midwife ( Official Journal of the Republic of Poland of 13 May 2004 No 110, pos. 1170).
240. The competent authority in the Republic of Lithuania shall recognise documents certifying professional qualification of midwives in Romania as being appropriate to pursue professional activities of midwives if accompanied by a certificate stating that those Member State nationals have effectively and lawfully been engaged in the activities of a midwife in Romania for at least five consecutive years during the seven years prior to the date of issue of the certificate. Documents certifying the formal qualification of a midwife (asistent medical obstetrică-ginecologie / obstetric and gynaecology nurses) must be issued in Romania before 1 January 2007 and not meet the minimum training requirements set out in Article 36 of this Law. Only the acquired rights provisions specified in this paragraph shall apply to professional qualifications of midwives in Romania. SECTION SEVEN PHARMACISTS Article
241. Training as a Pharmacist
242. Admission to a course of training as a pharmacist shall be contingent upon possession of a diploma or certificate giving access to universities or higher institutes of a level recognised as equivalent.
243. Evidence of formal qualifications as a pharmacist shall attest to training of at least five years’ duration, including at least: 1) four years of full-time theoretical and practical training at a university or at a higher institute of a level recognised as equivalent, or under the supervision of a university; 2) six-month traineeship in a pharmacy which is open to the public or in a hospital, under the supervision of that hospital’s pharmaceutical department.
244. The course of training referred to in paragraph 2 of this Article must include at least the programme described in point 5.6.1 of Annex 5 to this Law. The content listed in point 5.2.1 of Annex 5 to this Law may be amended by the European Commission with a view to adapting it to scientific and technical progress.
245. The updates specified in paragraph 3 of this Article shall not entail any amendment of existing legislative principles relating to the structure of professions as regards training and the conditions of access by natural persons.
246. Upon completion of training as a pharmacist, a person must possess the following knowledge and skills: 1) adequate knowledge of medicines and the substances used in the manufacture of medicines; 2) adequate knowledge of pharmaceutical technology and the physical, chemical, biological and microbiological testing of medicinal products; 3) adequate knowledge of the metabolism and the effects of medicinal products and of the action of toxic substances, and of the use of medicinal products; 4) adequate knowledge to evaluate scientific data concerning medicines in order to be able to supply appropriate information on the basis of this knowledge; 5) adequate knowledge of the legal and other requirements associated with the pursuit of pharmacy. Article
247. Pursuit of the Professional Activities of a Pharmacist
248. Persons in possession of the evidence of formal qualifications specified in point 5.6.2 of Annex 5 to this Law may pursue the activities of a pharmacist in any Member State.
249. In the Republic of Lithuania, holders of evidence of formal qualifications in pharmacy at university level or a level deemed to be equivalent, which satisfies the provisions of Article 40 of this Law, may pursue at least the following activities, subject to the requirement, where appropriate, of supplementary professional experience: 1) preparation of the pharmaceutical form of medicinal products; 2) manufacture and testing of medicinal products; 3) testing of medicinal products in a laboratory for the testing of medicinal products; 4) storage, preservation and distribution of medicinal products at the wholesale stage; 5) preparation, testing, storage and supply of medicinal products in pharmacies open to the public; 6) preparation, testing, storage and dispensing of medicinal products in hospitals; 7) provision of information and advice on medicinal products.
250. If the Republic of Lithuania makes pursuit of one of the activities of a pharmacist contingent upon supplementary professional experience, in addition to possession of evidence of formal qualifications referred to in point 5.6.2 of Annex 5 to this Law, the competent authority in the Republic of Lithuania shall recognise as sufficient proof in this regard a certificate issued by the competent authorities in the home Member State stating that the person concerned has been engaged in those activities in the home Member State for the period required by legal acts of the Republic of Lithuania.
251. The recognition referred to in paragraph 3 of this Article shall not apply with regard to the two-year period of professional experience required by the Grand Duchy of Luxembourg for the grant of a State public pharmacy concession. SECTION EIGHT ARCHITECTS Article
252. Training of Architects
253. Training as an architect shall comprise a total of at least four years of full-time study or six years of study, at least three years of which on a full-time basis, at a university or comparable teaching institution. The training must lead to successful completion of a university-level examination.
254. The training as an architect referred to in paragraph 1 of this Article must be of university level, of which architecture must be the principal component and which must also maintain a balance between theoretical and practical aspects of architectural training and guarantee the acquisition of the following knowledge and skills: 1) ability to create architectural designs that satisfy both aesthetic and technical requirements; 2) adequate knowledge of the history and theories of architecture and the related arts, technologies and human sciences; 3) knowledge of the fine arts as an influence on the quality of architectural design; 4) adequate knowledge of urban design, planning and the skills involved in the planning process; 5) understanding of the relationship between people and buildings, and between buildings and their environment, and of the need to relate buildings and the spaces between them to human needs and scale; 6) understanding of the profession of architecture and the role of the architect in society, in particular in preparing briefs that take account of social factors; 7) understanding of the methods of investigation and preparation of the brief for a design project; 8) understanding of the structural design, constructional and engineering problems associated with building design; 9) adequate knowledge of physical problems and technologies and of the function of buildings so as to provide them with internal conditions of comfort and protection against the climate; 10) the necessary design skills to meet building users’ requirements within the constraints imposed by cost factors and building regulations; 11) adequate knowledge of the industries, organisations, regulations and procedures involved in translating design concepts into buildings and integrating plans into overall planning.
255. The knowledge and skills listed in paragraph 2 of this Article may be amended by the European Commission with a view to adapting them to scientific and technical progress.
256. The updates specified in paragraph 3 of this Article shall not entail any amendment of existing legislative principles relating to the structure of professions as regards training and the conditions of access by natural persons. Article
257. Derogations from the Conditions for the Training of Architects
258. By way of derogation from Article 42 of this Law, the following shall also be recognised as satisfying Article 17: training existing as of 5 August 1985, provided by Fachhochschulen in the Federal Republic of Germany over a period of three years, satisfying the requirements referred to in Article 42 of this Law and giving access to the activities referred to in Article 44 in that Member State under the professional title of ‘architect’, in so far as the training was followed by a four-year period of professional experience in the Federal Republic of Germany, as attested by a certificate issued by the professional association in whose roll the name of the architect appears.
259. By way of derogation from Article 42 of this Law, the following shall also be recognised as satisfying Article 17: training as part of social betterment schemes or part-time university studies which satisfies the requirements referred to in Article 42 of this Law, as attested by an examination in architecture passed by a person who has been working for seven years or more in the field of architecture under the supervision of an architect or architectural bureau. The examination must be of university level and be equivalent to the final examination referred to in paragraph 1 of Article 42 of this Law. Article
260. Pursuit of the Professional Activities of Architects
261. For the purposes of this Law, the professional activities of an architect are the activities regularly carried out under the professional title of ‘architect’.
262. Nationals of a Member State who are authorised to use that title pursuant to laws or other legal acts which give the competent authority of a Member State the power to award the title to Member States nationals who are especially distinguished by the quality of their work in the field of architecture shall be deemed to satisfy the conditions required for the pursuit of the activities of an architect, under the professional title of ‘architect’. The architectural nature of the activities of the persons concerned shall be attested by a certificate awarded by their home Member State. Article
263. Acquired Rights Specific to Architects
264. For nationals of Member States to pursue the professional activities of an architect in the Republic of Lithuania, the competent authority in the Republic of Lithuania shall recognise evidence of formal qualifications as an architect listed in point 6 of Annex 6 to this Law, awarded by the other Member States, and attesting a course of training which began no later than the reference academic year referred to in that Annex, even if they do not satisfy the minimum requirements laid down in Article 42, and shall give such evidence the same effect as evidence of formal qualifications as an architect which it itself issues.
265. Under the circumstances specified in paragraph 1 of this Article, certificates issued by the competent authorities of the Federal Republic of Germany attesting that evidence of formal qualifications issued on or after 8 May 1945 by the competent authorities of the German Democratic Republic shall be equivalent to evidence listed in point 6 of Annex 6 to this Law.
266. For a person to pursue the professional activities of an architect, the competent authority in the Republic of Lithuania, having regard to the provisions of paragraphs 1 and 2 of this Article, shall recognise the following evidence of formal qualifications and certificates issued to nationals of Member States by the Member States which have enacted rules governing the pursuit of the activities of an architect as of the following dates: 1) 1 January 1995 for Austria, Finland and Sweden; 2) 1 May 2004 for the Czech Republic, Estonia, Cyprus, Latvia, Poland, Lithuania, Malta, Slovakia, Slovenia and Hungary; 3) 5 August 1987 for the other Member States; 4) 1 January 2007 for Bulgaria and Romania.
267. The certificates referred to in paragraphs 1 and 2 of this Article must certify that the holder was authorised, no later than the respective date, to use the professional title of architect, and that he has been effectively engaged, in the context of those rules, in the activities in question for at least three consecutive years during the five years preceding the award of the certificate. CHAPTER IV COMMON PROVISIONS ON ESTABLISHMENT Article
268. Documentation and Formalities
269. Where the competent authorities in the Republic of Lithuania decide on an application for authorisation to pursue the regulated profession in question by virtue of Title III of this Law, those authorities may demand the documents and certificates listed in Annex 7 to this Law.
270. The documents referred to in sub-points d, e and f of point 1 of Annex 7 to this Law must not be more than three months old by the date on which they are submitted.
271. The competent authorities in the Republic of Lithuania shall guarantee the confidentiality of the information related to the recognition of regulated professional qualifications which they receive.
272. In the event of justified doubts, the competent authority in the Republic of Lithuania may require from the competent authorities of a Member State confirmation of the authenticity of the attestations and evidence of formal qualifications awarded in that other Member State, as well as, where applicable, confirmation of the fact that the person fulfils, for the professions specified in Chapter III of Title III of this Law, the minimum training conditions set out respectively in Articles 20, 21, 24, 27, 30, 31, 34, 36, 40 and 42 of this Law.
273. In cases of justified doubts, the competent authority in the Republic of Lithuania shall have the right to verify with the competent authority in the Member State of origin of the award whether the evidence of formal qualification defined in paragraph 3 of Article 3 of this Law has been issued by a competent authority in the Member State and includes training received in whole or in part in an establishment legally established in the territory of another Member State: 1) whether the training course at the establishment which gave the training has been formally certified by the educational establishment based in the Member State of origin of the award; 2) whether the evidence of formal qualifications issued is the same as that which would have been awarded if the course had been followed entirely in the Member State of origin of the award; 3) whether the evidence of formal qualifications confers the same professional rights in the territory of the Member State of origin of the award.
274. Where the Republic of Lithuania requires its nationals to swear a solemn oath in order to pursue a regulated profession, and where the wording of that oath cannot be used by nationals of the other Member State, the competent authority shall ensure that the persons concerned can use an appropriate equivalent wording. Article
275. Procedure for the Mutual Recognition of Professional Qualifications
276. The competent authority in the Republic of Lithuania shall acknowledge receipt of the application within one month of receipt and inform the person of any missing document.
277. The competent authority in the Republic of Lithuania must take a duly substantiated decision as quickly as possible and within three months after the date on which the person’s complete file was submitted. This deadline may be extended by one month in cases falling under Chapters I and II of Title III of this Law.
278. The decision on the recognition of a person’s professional qualifications or failure to reach the decision may be appealed against in accordance with the procedure laid down by laws of the Republic of Lithuania. Article
279. Use of Professional Titles
280. If in the Republic of Lithuania, the use of a professional title relating to one of the activities of the profession in question is regulated, nationals of the other Member States who are authorised to practise a regulated profession on an employed or self-employed basis under the provisions of Title III of this Law shall use the professional title of the Republic of Lithuania, which corresponds to that profession in that Member State, and make use of any associated initials.
281. Where a profession regulated in the Republic of Lithuania is also regulated by an association or organisation listed in Annex 1 to this Law, nationals of Member States shall not be authorised to use the professional title issued by that organisation or association, or its abbreviated form, unless they furnish proof that they are members of that association or organisation.
282. If membership in the association or organisation is contingent upon possession of certain professional qualifications, the competent authority in the Republic of Lithuania may require this from nationals of other Member States who possess professional qualifications only under the provisions of this Law. TITLE IV RULES FOR PURSUING THE REGULATED PROFESSION AND ENGAGING IN PROFESSIONAL ACTIVITIES Article
283. The Scope The provisions of this Title shall apply to persons seeking to establish as well as to provide services as defined in Titles II and III of this Law. Article
284. Knowledge of Languages Persons whose professional qualifications have been recognised must have a knowledge of the Lithuanian language to the extent it is necessary to pursue the regulated profession or engage in professional activities in the Republic of Lithuania. Article
285. Use of Academic Titles
286. Without prejudice to Articles 7 and 48 of this Law, the authorities in the Republic of Lithuania shall ensure that the right shall be conferred on the person concerned to use academic titles conferred on them in the home Member State. Academic titles may be indicated in an abbreviated form in the language of the home Member State.
287. Where an academic title of the home Member State is liable to be confused in the Republic of Lithuania with a professional title which requires supplementary training not acquired by the person, the academic title of the home Member State must be used in accordance with the procedure established by the Government of the Republic of Lithuania or an institution authorised by it. Article
288. Approval by Health Insurance Funds Without prejudice to subparagraphs 1 and 4 of Article 5 and subparagraph 2 of Article 6 of this Law, the competent authority in the Republic of Lithuania shall not require persons who acquired their professional qualifications in the Republic of Lithuania to be approved by a health insurance fund. The requirement set forth in this Article shall also apply to holders of evidence of formal qualification of doctor and dental practitioner acquired in other Member States. TITLE V ADMINISTRATIVE COOPERATION Article
289. Competent Authorities
290. The competent authorities of the Republic of Lithuania and home Member State shall work in close collaboration, provide mutual assistance and ensure the confidentiality of the information which they exchange.
291. The competent authorities of the Republic of Lithuania and home Member State shall exchange information regarding disciplinary action, criminal sanctions or any other circumstances which may have consequences for the pursuit of activities under this Law.
292. While cooperating and exchanging information with the competent authorities of the home Member State, the competent authorities of the Republic of Lithuania shall act in conformity with the provisions of the Republic of Lithuania Law on Legal Protection of Personal Data and the Republic of Lithuania Law on Electronic Communications.
293. The competent authorities of the Republic of Lithuania shall examine the veracity of the circumstances specified in paragraph 2 of this Article and shall decide on the nature and scope of the investigations which need to be carried out. The competent authorities shall inform the other Member State of the conclusions in accordance with the procedure established by it.
294. The Government of the Republic of Lithuania shall designate the competent authorities.
295. The Government of the Republic of Lithuania or an institution authorised by it shall designate a coordinator of the recognition of professional qualifications and shall inform the European Commission and the other Member State thereof.
296. The coordinator of the recognition of professional qualifications shall: 1) coordinate the activities of the competent authorities in implementing the provisions of this Law; 2) collect all the information necessary for the implemen