Acquired rights specific to nurses responsible for general care trained in Romania
Article 1
Open ↗Directive 2005/36/EC is amended as follows: (1) in Article 10, point (b) is replaced by the following: ‘(b) for doctors with basic training, specialised doctors, nurses responsible for general care, dental practitioners, specialised 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 23, 27, 33, 33a, 37, 39, 43 and 49;’; (2) Article 33a is replaced by the following: ‘Article 33a Acquired rights specific to nurses responsible for general care trained in Romania 1. As regards the Romanian qualification as a nurse responsible for general care, only the provisions on acquired rights laid down in paragraph 2 shall apply. 2. In the case of nationals of Member States who were trained as a nurse responsible for general care in Romania and whose training does not satisfy the minimum training requirements laid down in Article 31, Member States shall recognise as sufficient proof: (a) any of the following evidence of formal qualification as a nurse responsible for general care, provided that that evidence is 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, including taking full responsibility for the planning, organisation and carrying out of the nursing care of patients, for a period of at least three consecutive years during the five years prior to the date of issue of the certificate: (i) Certificat de competențe profesionale de asistent medical generalist with post-secondary education obtained from a școală postliceală , attesting to training started before 1 January 2007; (ii) Diplomă de absolvire de asistent medical generalist with short-time higher education studies, attesting to training started before 1 October 2003; or (iii) Diplomă de licență de asistent medical generalist with long-time higher education studies, attesting to training started before 1 October 2003; (b) any of the evidence of formal qualification listed in points (ii) and (iii) of point (a), provided that such evidence is accompanied by the following evidence of formal qualification obtained on the basis of a special upgrading programme: Diplomă de licenţă referred to in Article 3(2) of Joint Order of the Minister of National Education and of the Minister of Health No 4317/943/2014 of 11 August 2014 on the approval of the special upgrading programme for the initial training of nurse responsible for general care acquired prior to 1 January 2007 for graduates of post-secondary education and higher education (Official Journal of Romania No 624 of 26 August 2014), accompanied by a Diploma Supplement stating that the student has completed the special upgrading programme; or (c) any of the evidence of formal qualifications of post-secondary level listed under Article 4 of Order of the Minister of National Education No 5114/2014 on the approval of the methodology for organising, conducting and completing the special upgrading programme for the initial training of nurse responsible for general care acquired prior to 1 January 2007 for graduates of post-secondary education (Official Journal of Romania No 5 of 6 January 2015), provided that such evidence is accompanied by the following evidence of formal qualification obtained on the basis of a special upgrading programme: Certificat de revalorizare a competenţelor profesionale referred to in Article 3(1) and in Annex 3 to Joint Order of the Minister of National Education and of the Minister of Health No 4317/943/2014 and in Article 16 of Order of the Minister of National Education No 5114/2014.’; (3) the following Article is inserted: ‘Article 33b Validity of rights acquired before 3 March 2024 Host Member States shall guarantee the validity of the recognition of the Romanian qualification as a nurse responsible for general care granted pursuant to Articles 10 to 14 of this Directive before 3 March 2024 in the case of nationals of Member States who were trained as a nurse responsible for general care in Romania and did not meet the requirements of: (a) Article 33a of this Directive in the version in force on 1 January 2007; or (b) Article 33a of this Directive, as amended by Directive 2013/55/EU of the European Parliament and of the Council ( *1 ) . ( *1 ) Directive 2013/55/EU of the European Parliament and of the Council of 20 November 2013 amending Directive 2005/36/EC on the recognition of professional qualifications and Regulation (EU) No 1024/2012 on administrative cooperation through the Internal Market Information System (“the IMI Regulation”) ( OJ L 354, 28.12.2013, p. 132 .)’."