Automatic temporary registration with OAMGMAMR of midwives trained in another EU Member State, a EEA state or in the Swiss Confederation who do not meet the criteria for automatic recognition of qualifications provided by Directive no. 2005/36/EC*
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The procedure applies exclusively in cases where midwives with professional training that does not meet the criteria for automatic recognition of qualification provided by Directive no. 2005/36/EC obtained in another EU Member State, an EEA State or in the Swiss Confederation come to the territory of Romania to practice midwifery activities temporarily or occasionally.
Particularities:
The temporary or occasional character of providing professional midwifery activities is determined, case by case, by the Order of Generalist Nurses, Midwives, and Medical Assistants of Romania (OAMGMAMR), depending on their duration, frequency, periodicity, and continuity.
During the provision of services, the respective midwives:
- practice the profession on the territory of Romania under the professional title provided by law for the respective midwife profession;
- are exempt from the obligation to enroll in OAMGMAMR and from the payment of the membership fee.
- are automatically registered in OAMGMAMR during the provision of midwifery services;
- are subject to professional, regulatory, or administrative provisions regarding professional qualifications and the use of titles, provisions concerning serious professional acts that directly and specifically affect the protection and safety of the beneficiaries of the services provided, as well as disciplinary provisions provided by law for midwives who are Romanian citizens, members of OAMGMAMR;
- are exempt from the accreditation procedure provided by social health insurance legislation. Midwife service providers are required to inform in advance the National Health Insurance House about the services they are about to provide on the territory of Romania, and in case of emergency, within a maximum of 7 days from their delivery.
Procedure Description:
I. At the first provision of services in Romania, OAMGMAMR may verify the professional training of the midwife in order to avoid serious harm to the patient's health due to the provider's lack of professional qualification and without exceeding the necessity in this regard. Within 30 days from the date of receiving the declaration and all the mentioned documents, the OAMGMAMR Commission for recognition of nurse, midwife, and medical assistant qualifications obtained in another EU Member State, an EEA State or in the Swiss Confederation analyzes the applicant's training. Based on its conclusions, the President approves the way to resolve the applicant's request, as follows:
*not to verify the provider's qualification, approval of the temporary provision of midwifery services in Romania, and their automatic temporary registration with OAMGMAMR.
*after verifying the qualification:
1) to request them to pass an aptitude test, or
2) to automatically temporarily register them with OAMGMAMR and grant approval for the temporary provision of midwifery services in Romania.
In cases where, during the verification of the applicant's qualification, situations occur that could lead to delays in making a decision, OAMGMAMR notifies the applicant, within the above-mentioned 30-day period, of the reasons for the delay.
The ascertained situations are resolved within 30 days from notification, and the decision is made within 60 days from their resolution.
The aptitude test is applied in cases of a significant difference between the service provider's midwifery qualification and the midwife training required in Romania insofar as this difference can negatively affect public health and cannot be compensated by the applicant's professional experience as well as by the knowledge, skills, and competences acquired through lifelong learning, formally validated for this purpose by a relevant body. After the midwife in question takes the aptitude test, OAMGMAMR decides on the provision of the service by her, and the provision of services can take place within 30 days from the date of the decision.
The approval for the temporary provision of midwifery services and, respectively, the temporary automatic registration with OAMGMAMR is communicated to the applicant and the OAMGMAMR branch in the territorial area of the healthcare unit where they are to provide the respective services in Romania.
II. In case of renewal of the declaration, after verifying the temporary and occasional nature of the provision of services by the OAMGMAMR Commission for recognition of general nurse, midwife and medical assistant qualifications obtained in another EU Member State, an EEA State, or in the Swiss Confederation, the President approves the approval of the temporary provision of midwifery services and respectively the temporary automatic registration of the applicant at newly at OAMGMAMR, within 30 days from the receipt of the declaration.
These are communicated to the applicant and the OAMGMAMR branch in the territorial area of the healthcare unit where they are to provide the respective midwifery services in Romania.
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OAMGMAMR decisions regarding the approval of the temporary provision of midwife services and the automatic temporary registration at OAMGMAMR can be contested within 30 days from the communication to the competent judicial courts. In case OAMGMAMR does not react within the term mentioned at points I and II, the services can be provided.
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