Certain health professions, known as regulated health professions, require professionals to obtain a licence before they can practise their profession in Luxembourg.

Midwifery is one such example.

The licence to practise is issued by the Ministry of Health (Ministère de la Santé), provided the practitioner satisfies a number of conditions (professional, physical and mental health conditions).

Who is concerned

A professional healthcare practitioner who wishes to settle and practise in Luxembourg must be a national of:

• an EU Member State; or
• a state of the European Economic Area (Iceland, Liechtenstein or Norway), or Switzerland; or
• a third country, and:
  
  • have a valid residence permit; or
  • have been granted international protection.

Prerequisites

The professional healthcare practitioner must satisfy several conditions. They must:

• hold a Luxembourg or foreign diploma giving them access to the profession envisaged;
• have the necessary linguistic skills required to practise the profession:
  • either French;
  • or German;
• understand one of the 3 administrative languages of Luxembourg (German, French or Luxembourgish).

The midwife's language proficiency in one of the 3 languages may be tested at the request of the Ministry of Health.

Preliminary steps

The recognition of foreign diplomas is not required if the diploma:

• was obtained in an EU Member State;
• conforms to EU standards;
• corresponds to one of the diplomas listed (see Annex V, point 5.5.2 of European Directive 2005/36/EC).

If the diploma was obtained in a third country, or was obtained within the EU but does not conform to the criteria set out above, recognition of the diploma must be sought. Such recognition is possible if:

• the diploma has been previously recognised in another EU or EEA Member State, and;
• such recognition has granted the right to practise the profession in the country in question.

Applications for recognition must be submitted to the Ministry of Higher Education and Research (Ministère de l'Enseignement Supérieur et de la Recherche).

Costs

A person who wishes to move to Luxembourg and work as a midwife must pay a tax in order to obtain a licence to practise.

The amount of the tax is EUR 75.

The tax must be paid by direct deposit or wire transfer to the bank account of the Registration Duties, Estates and VAT Authority (Administration de l’enregistrement, des domaines et de la TVA), along with a statement of the applicant's identity and the purpose of the payment.

How to proceed

Application for a licence to practise

To practise their profession in Luxembourg, midwives must send the application for authorisation to practise the profession, completed and signed, to the Department for Healthcare Professions of the Ministry of Health, enclosing the following documents:

• a copy of a valid ID document or passport, and, for third-country nationals:
  • a copy of a valid residence permit ;or
  • a document proving that they have been granted international protection;
• an extract from their criminal record issued by their country of residence within 6 months prior to the application (original document – photocopies will not be accepted). If the professional has been living in the country in question for less than one year, they must attach an extract from their criminal record issued by the country or countries in which they had practised previously;
• a certificate of good mental and physical health issued by a licensed doctor (within 6 months prior to the application);
• a copy of their Luxembourgish or foreign diploma;
• if applicable, the official order confirming recognition of their diploma;
• proof of payment of the EUR 75 tax;
• if the person's mother tongue is not French, German or Luxembourgish, proof of their language skills.

As a reminder, the health professionals' contact details are listed in the register of healthcare professions.

To this end, health professionals are required to update their contact information in the register if their situation changes (address of the medical practice, email address, phone number, etc.).

Work reintegration internship course

If the midwife has not practised their profession for at least 5 years, they must complete a work reintegration internship course before resuming their activity.

They must inform the Minister of Health of their intention to take such a course, specifying:

• the number of years of inactivity;
• the workplace and department they wish to reintegrate;
• whether or not they attended continuing education courses in the field in question.

The minister will provide the midwife with:

• a list of accredited training sites with available places;
• the number of hours of practical training they must receive;
• a list of continuing education courses;
• the number of hours of classes the midwife must attend.

An internship agreement must then be signed between the intern, the internship supervisor, the representative of the training centre, and the Ministry of Health.

The internship supervisor must have at least 5 years' professional experience in the same profession as the midwife who is retraining.

Possibilities of appeal in the event of refusal

The applicant may appeal the decision, by filing the appeal with the administrative tribunal within 3 months of being notified of the decision.

Lapse or invalidity of the licence to practise

The licence to practise shall lapse if:

• the holder does not follow the required courses and trainings. If the purpose of these courses is to familiarise the professional with a new technique, the suspension of the licence to practise shall apply only to that new technique;
• the midwife:
  • does not start practising the profession in Luxembourg within 2 years of the issue of the authorisation;
  • has ceased their professional activity in Luxembourg for more than 2 years.

Sanctions

The professional is liable to imprisonment from 8 days to 3 months, as well as a fine of EUR 251 to EUR 5,000:

• in the event of unauthorised practice of the profession; or
• if the licence was obtained based on fraudulent declarations.

Prior declaration by the professional in case of travel to Luxembourg

Filing an application

The midwife who travels to Luxembourg for the first time to provide services there must make a prior declaration to the Ministry of Health. This declaration includes information relating to insurance cover or other means of personal or collective protection concerning professional liability.

The service provider may provide this declaration by any means.

Supporting documents

Health professionals who provide the service for the first time or in the event of a material change in the situation, must attach the following documents to their declaration:

• a copy of their ID card or passport;
• a certificate attesting that they:
  • are legally established in a Member State of the European Union (EU) to carry out the activities concerned in said Member State;
  • are not under the risk of being banned, even temporarily, from practising their profession, when the certificate is issued;
• proof of professional qualifications;
• in the event of the exercise of their profession in one or more EU Member States for at least one year during the 10 years preceding the provision of the service, when the profession is not regulated in the Member State of establishment: proof by any means of these activities;
• a certificate confirming the absence of temporary or permanent prohibitions to practise the profession or criminal convictions;
• a declaration concerning the knowledge of the language necessary for the exercise of the profession in Luxembourg;
  
• a certificate concerning the nature and duration of the activity issued by the competent authority or body of the Member State in which the service provider is established. 

Renewal

The declaration is to be renewed once a year if the professional intends to provide services on a temporary or occasional basis in Luxembourg during the year concerned.

Forms / Online services

Who to contact