Declaration of provision of services by a foreign health professional
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In certain circumstances, health professionals who are nationals of a Member State of the European Union, of the European Economic Area or of the Swiss Confederation may provide services (acts performed in the exercise of their profession) in Luxembourg on a temporary and occasional basis without holding a licence to practise issued by the Minister of Health and Social Security.
To do so, a prior declaration of provision of services must be sent to the Minister of Health and Social Security:
- prior to the first provision of services; and
- be renewed annually.
Who is concerned
Health professionals who:
- are nationals of a Member State of the European Union, of the European Economic Area or of the Swiss Confederation;
- are established in another Member State;
- legally practise in that Member State one of the health professions referred to in Article 1 of the amended Law of 26 March 1992 on the practice and upgrading of certain health professions, namely:
- nursing auxiliary / healthcare assistant (aide-soignant);
- care assistant for the elderly (assistant-senior);
- medical technical assistant (assistant technique médical);
- nurse (infirmier);
- anaesthetics and intensive care nurse (infirmier en anesthésie et réanimation);
- paediatric nurse (infirmier en pédiatrie);
- psychiatric nurse (infirmier psychiatrique);
- masseur (masseur);
- midwife (sage-femme);
- social and hygiene worker (assistant d’hygiène sociale);
- social worker (assistant social);
- dietician (diététicien);
- occupational therapist (ergothérapeute);
- head nurse (infirmier gradué);
- laboratory assistant (laborantin);
- physiotherapist (masseur-kinésithérapeute);
- speech therapist (orthophoniste);
- orthoptist (orthoptiste);
- osteopath (ostéopathe);
- curative teacher (pédagogue curatif);
- chiropodist (podologue);
- psychomotor therapist (rééducateur en psychomotricité); and
- travel on a temporary and occasional basis to Luxembourg in order to perform acts there in the exercise of their profession.
Prerequisites
No suspension or ban on exercising the professional activity
Where health professionals have been suspended or banned from practising their profession in Luxembourg and are legally established in another Member State, they may not provide any services in Luxembourg for as long as they continue to be suspended or banned.
Required language skills
Service providers must possess the language skills that are necessary for them to exercise their profession in Luxembourg.
If their mother tongue is not French, German or Luxembourgish, proof of their language skills must be provided in order to be authorised to provide services in Luxembourg.
The minimum level of language proficiency required in French or German is level B2 of the Common European Framework of Reference for Languages (CEFR). The level can be proven by any means such as:
- a copy of the training certificates obtained in one of these 2 languages;
- proof of professional experience in a French- or German-speaking country.
Health professionals who cannot provide such proof as listed above must provide a level B2 language proficiency certificate issued by an approved examination centre.
In Luxembourg, the approved examination centre is the National Institute for Languages Luxembourg (Institut national des langues Luxembourg - INLL).
Preliminary steps
Diplomas and recognition of diplomas
If the diploma was not obtained in Luxembourg, professionals must request the recognition of their professional qualifications.
General care nurses and midwives holding evidence of formal qualification as referred to in Annex 5.2.2. or 5.5.2. of Directive 2005/36/EC are exempt from the recognition procedure.
General care nurses and midwives whose formal qualifications are not compliant with the aforementioned Directive, as well as all other health professionals listed above under 'Who is concerned', must submit their application for recognition:
- if they have obtained a secondary school graduation diploma, of equivalent or lower level: to the Ministry of Education, Children and Youth (MENEJ); or
- if they have obtained a diploma higher than the secondary school graduation diploma: to the Ministry for Research and Higher Education (MESR).
How to proceed
Prior declaration to the Ministry of Health and Social Security
Before providing services for the first time, the health professional concerned must submit a declaration in that regard to the Minister of Health and Social Security.
A copy of that declaration sent by the Minister of Health and Social Security to the Higher Council for certain health professions (Conseil supérieur de certaines professions de santé) constitutes automatic temporary registration with that body, the service provider being exempted from the obligation to pay a membership fee.
A copy of the declaration is sent to the social security bodies.
Submission of the declaration of provision of services
Health professionals can submit their declaration of provision of services:
- online via MyGuichet.lu. The online procedure can be done with or without authentication using a LuxTrust product or electronic identity card (eID) (see 'Online services and forms'). It is also available in the mobile app;
- by post by sending the form (see 'Online services and forms') and required supporting documents to the following address:
Ministère de la Santé et de la Sécurité sociale
1, rue Charles Darwin
L-1433 Luxembourg
The procedure with authentication has several advantages compared to the procedure without authentication. In particular, it allows the temporary saving of the data entered so that the health professional can access them later.
Once the declaration has been submitted, all subsequent messages and notifications concerning changes in the processing status of the application will be sent to the health professional by email.
Supporting documents
Health professionals must include the following supporting documents with their declaration:
- a copy of an identity document;
- an attestation from the State in which they are established, issued less than 3 months previously, certifying that they are legally established in that State to practise their profession and that, as at the date of issue of the attestation, they are not subject to any ban, even of a temporary nature, on practising their profession;
- a copy of the diploma, certificate or other official document required to provide the services concerned, where necessary recognised in accordance with the provisions of the amended Law of 28 October 2016 on the recognition of professional qualifications;
- an insurance certificate in respect of professional liability insurance;
- all evidence showing that they have the language skills needed in order to be able to practise their profession.
Translations of documents
All documents that are not drawn up in French, German or Luxembourgish must be accompanied by their French, German or Luxembourgish translation produced by a sworn/certified translator.
Duration of validity
The declaration of provision of services is valid for one year.
It must be renewed:
- for each year in which the provider intends to practise on a temporary or occasional basis in Luxembourg; or
- in the event of any material change in the service provider’s circumstances.
Renewal
The renewal procedure is the same as the initial declaration procedure (submission via MyGuichet.lu or by post).
In the event of renewal of the declaration of provision of services, health professionals must:
- indicate the periods during which services were provided in Luxembourg;
- complete the declaration of provision of services form (same form as the initial declaration form);
- on request by the Minister, attach an attestation from the State in which they are established, certifying that they are legally established in that State to practise their profession and that, as at the date of issue of the attestation, they are not subject to a ban, even of a temporary nature, on practising.
The attestation must be less than 3 months old at the time it is presented, and must where necessary be accompanied by a translation.
Processing the declaration
Once the file is complete, a copy of the declaration concerning the provision of services is sent by the Ministry of Health and Social Security to the High Council for certain health professions and to the social security bodies.
To speed up the processing of their declaration, declarants should ensure that the declaration contains all the required information and supporting documents.
Rules of conduct
Health professionals who provide services in Luxembourg are subject to the Luxembourg rules of professional, regulatory or administrative conduct directly related to their professional qualifications, such as:
- the definition of the profession;
- the use of titles;
- serious professional misconduct having a direct and specific connection with the protection and safety of patients;
- disciplinary provisions applicable to health professionals legally established in Luxembourg.
Possibilities of appeal in the event of refusal
If the application is refused, the applicant may appeal the decision. The appeal must be filed with the administrative tribunal within one month of being notified of the decision.
Sanctions
The health professionals' disciplinary, civil and criminal liability may be incurred if, owing to insufficient language skills, they make a mistake in the performance of their duties.
They also run the risk of imprisonment and a fine in the case of:
- illegal use of the title 'Doctor'; or
- illegal practice of the profession, or incitement to illegal practice of the profession.
Online services and forms
Who to contact
-
Ministry of Health and Social Security Health professionals - Health professions
- Address:
- 1, rue Charles Darwin L-1433 Luxembourg Luxembourg
- Phone:
- (+352) 247 85 505
- Email address:
- professions.sante@ms.etat.lu
- Website:
- https://m3s.gouvernement.lu/en.html
Related procedures and links
Procedures
Links
Further information
-
Common European Framework of Reference for Languages (CEFR)
on the Council of Europe portal
-
Listes des experts, traducteurs et interprètes assermentés
sur le site du ministère de la Justice
Legal references
-
Directive 2005/36 du Parlement européen et du Conseil du 7 septembre 2005
relative à la reconnaissance des qualifications professionnelles
- Code de la santé
-
Loi modifiée du 28 octobre 2016
relative à la reconnaissance des qualifications professionnelles
-
Loi modifiée du 26 mars 1992
sur l'exercice et la revalorisation de certaines professions de santé
-
Règlement grand-ducal modifié du 14 janvier 2013
fixant les conditions et les modalités de la prestation de services du médecin, du médecin-dentiste, du médecin-vétérinaire et du pharmacien, ainsi que des professionnels de santé
-
Règlement grand-ducal modifié du 7 octobre 2010
établissant le code de déontologie de certaines professions de santé
