Temporary automatic registration with OAMGMAMR of midwives trained in another EU Member State, an EEA state, or 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 qualifications provided by Directive no. 2005/36/EC obtained in another EU Member State, a EEA state or in the Swiss Confederation, travel to Romania to temporarily or occasionally exercise midwifery activities.
Particularities:
The temporary or occasional nature of the provision of midwifery professional activities is determined, on a case-by-case basis, by the Order of General Nurses, Midwives and Nurses of Romania (OAMGMAMR), depending on their duration, frequency, periodicity, and continuity.
During the provision of services, the concerned midwives:
- practice the profession on Romanian territory with the professional title provided by law for the respective midwife profession;
- are exempt from the obligation to register with OAMGMAMR and from paying the membership fee.
- are automatically registered in OAMGMAMR for the duration of providing midwifery services;
- are subject to professional, regulatory or administrative provisions regarding professional qualifications and the use of professional titles, provisions regarding serious professional acts that directly and specifically affect the protection and safety of the service beneficiaries, as well as disciplinary provisions provided by law for Romanian citizen midwives, members of OAMGMAMR;
- are exempt from the accreditation procedure provided by the social health insurance legislation. Providing midwives must inform in advance the National Health Insurance House about the services to be provided on the territory of Romania, and in emergencies, within a maximum of 7 days from their provision.
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 lack of professional qualification of the provider and without exceeding what is necessary in this respect. Within 30 days from the date of receipt of the declaration and all mentioned documents, the OAMGMAMR Commission for the recognition of general nurse, midwife and nurse 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 manner of resolving the applicant's request, namely:
*not to verify the provider's qualification, approval of temporary provision of midwifery services in Romania and the automatic temporary registration of the provider with OAMGMAMR.
*after verifying the qualification:
1) to require the applicant to pass an aptitude test, or
2) to automatically temporarily register the applicant with OAMGMAMR and grant approval for the temporary provision of midwifery services in Romania.
In cases where, upon verification of the applicant's qualification, situations arise that may lead to a delay in taking a decision, OAMGMAMR notifies the applicant, within the above-mentioned 30 days, of the reasons for the delay.
The established situations are resolved within 30 days of notification, and the decision is finalized within 60 days from their resolution.
The aptitude test is applied if a significant difference is found between the provider's midwife qualification and the training required in Romania, insofar as this difference may negatively affect public health and cannot be compensated by the applicant's professional experience or by the knowledge, skills, and competences acquired through lifelong learning, formally validated for this purpose by a relevant body. Following the aptitude test taken by the midwife concerned, OAMGMAMR decides on the provision of the service by her, and the service may be provided within 30 days from the date the decision is made.
The approval for temporary provision of midwifery services and the respective automatic temporary registration with OAMGMAMR are communicated to the applicant and to the OAMGMAMR branch in the territorial area of the healthcare unit where the services in question are to be provided in Romania.
II. In the case of renewal of the declaration, after verifying the temporary and occasional nature of the services provided by the OAMGMAMR Commission for the recognition of general nurse, midwife, and nurse qualifications obtained in another EU Member State, an EEA state or in the Swiss Confederation, the President approves the approval for temporary provision of midwifery services and the respective automatic temporary registration of the applicant with OAMGMAMR, within 30 days from receipt of the declaration.
These are communicated to the applicant and to the OAMGMAMR branch in the territorial area of the healthcare unit where he/she is to provide the midwifery services in question in Romania.
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The decisions of OAMGMAMR regarding the approval of the temporary provision of midwifery services and, respectively, the automatic temporary registration with OAMGMAMR may be contested within 30 days from notification at the competent courts. In case of lack of response from OAMGMAMR within the term mentioned in points I and II, the services may be provided.
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