Purpose

1. The agreement regulates the recognition of cantonal educational qualifications, the maintenance of a list of teachers without teaching authorization, and a register of healthcare professionals.

2. It regulates, in application of national and international law, the recognition of foreign educational qualifications and the implementation of the obligation for service providers to report.

3. It promotes free access to higher education and the practice of professions. It contributes to ensuring the quality of education across Switzerland.

4. It forms the basis for agreements between the federal government and the cantons in accordance with Article 16, paragraph 2 of the Federal Act on Universities of Applied Sciences.

1. * Osteopath and Osteopath with Inter-cantonal Diploma GDK / Master of Science in Osteopathy FH

2. * Certified Speech Therapist (EDK)

3. * Bachelor of Science FH in Nutrition and Dietetics

4. * Bachelor / Master of Science FH in Occupational Therapy

5. * Bachelor of Science FH in Midwifery

6. * Bachelor / Master of Science FH in Physiotherapy

7. * Bachelor / Master of Science FH in Nursing / Master of Science in Nursing

8. * Bachelor of Science FH in Optometry

9. * Optician and Optician HFP

10. * Naturopath with Federal Diploma

11. * Activation Specialist HF

12. * Biomedical Analyst HF

13. * Dental Hygienist HF

14. * Pharmaceutical Technician HF

15. * Radiology Specialist HF / Bachelor of Science HES-SO in Medical Radiology Technology

16. * Surgical Technician HF

17. * Orthoptist HF

18. * Qualified Nurse HF

19. * Podiatrist HF

20. * Paramedic HF

21. * Optician EFZ with Cantonal Practice License

22. * Podiatrist EFZ with Cantonal Practice License

23. * Medical Masseur with Federal Certificate of Competence

1. This agreement applies to all training programs and professions regulated by the cantons.

1. In areas where both the Confederation and the Cantons are competent, joint solutions are to be sought.

2. Cooperation with the Confederation takes place particularly in the following areas

a) Recognition of the Matura (general higher education entrance qualification),

b) Recognition of the specialized Matura in particular and the specialized higher education entrance qualification in general,

c) Recognition of teaching diplomas for vocational schools,

d) Determination of the principles for the offering of diploma programs in the university of applied sciences sector, and

e) Input and participation of the Cantons in international matters.

3. The competence for concluding agreements according to Article 1 Paragraph 4 lies with the Plenary Assembly of the Conference of Cantonal Ministers of Education (EDK). In the area of health professions, the Conference of Cantonal Ministers of Health (GDK) is to be included in the negotiations for the conclusion of an agreement.

1. The recognition authority is the EDK. The GDK recognizes educational qualifications within its jurisdiction, provided the federal government is not responsible.

2. Each canton that joins the agreement has one vote. The remaining cantons have a consultative vote.

1. The Conference of Directors of Education implements the agreement.

2. It collaborates with the federal government and the Swiss University Conference on all matters related to university degrees.

3. The Conference of Health Directors implements the agreement within its area of responsibility. It may delegate the execution to third parties; in any case, it retains the overall supervision.

1. Recognition Regulations set forth for individual educational qualifications or groups of related educational qualifications, in particular

a) the conditions for recognition (Art. 7),

b) * the recognition procedure,

c) * the conditions for the recognition of foreign educational qualifications, and

d) * the procedure concerning the reporting obligation and the verification of professional qualifications of service providers.

2. The recognition authority issues the recognition regulation after consultation with the directly involved professional organizations and associations. In the case of delegation of enforcement pursuant to Article 5 paragraph 3, it is responsible for approving the recognition regulation.

3. The recognition regulation, or its approval, requires the consent of two-thirds of the voting members of the competent recognition authority.

1. Recognition Requirements

The recognition requirements state the minimum requirements that a qualification must meet. Swiss educational and professional standards, as well as any relevant international requirements, must be appropriately considered.

2. The following requirements must be compulsorily documented

a) the qualification evidenced by the completion and

b) the examination procedure for this qualification.

3. Additional requirements may be documented, such as

a) the duration of the training,

b) the admission requirements for the training,

c) the subjects taught, and

d) the qualification of the teaching staff.

1. Recognition confirms that the educational qualification meets the requirements established in this agreement and the relevant recognition regulation.

2. The participating cantons grant holders of a recognized educational qualification the same access to cantonally regulated professions as those with equivalent diplomas from their own canton.

3. The participating cantons permit holders of a recognized educational qualification to attend advanced schools under the same conditions as those with equivalent diplomas from their own canton. Exceptions are subject to the schools' admission capacity and reasonable financial compensation.

4. Holders of a recognized educational qualification are entitled to use a corresponding protected title, provided that the recognition regulation explicitly allows it.

1. The Conference of Directors of Education maintains documentation on recognized educational qualifications.

2. The signatory cantons commit to publishing the recognition regulations in the official publications.

1. On the Contestation of Regulations and Decisions by Recognition Authorities by a Canton and on Other Disputes Between the Cantons, the Federal Court decides on constitutional complaints in accordance with Article 83 letter b of the Federal Act on the Administration of Federal Justice of December 16, 1943.

2. Appeals against decisions of recognition authorities and decisions regarding fees pursuant to Article 12ter paragraph 8 may be lodged in writing with justification by affected private individuals within 30 days of notification to an appeal commission established by the board of the respective conference. The provisions of the Administrative Court Act apply accordingly. Decisions of the appeal commissions may be contested by the recognition authorities as well as by the affected private individuals based on Articles 82ff of the Federal Supreme Court Act at the Federal Court through appeal.

3. The board of the respective conference regulates the composition and organization of the appeal commission in a regulation.

1. Anyone who uses a title protected under Article 8, paragraph 4, without possessing a recognized educational qualification, or who uses a title that creates the impression of having acquired a recognized educational qualification, shall be punished by imprisonment or a fine. Negligence is punishable. The prosecution is the responsibility of the cantons.

1. The costs arising from this agreement shall, subject to paragraphs 2, 3, and 4, be borne by the agreement cantons in proportion to the population.

2. For issuing certificates regarding the subsequent nationwide Swiss recognition of a cantonal diploma and certificates related to the notification obligation of service providers, as well as for recording the data required according to Article 12ter paragraph 5 and for providing information from the health professionals register according to Article 12ter paragraph 8, fees ranging from at least CHF 100 to a maximum of CHF 1,000 may be charged.

3. For decisions and appeal decisions concerning

a) * the subsequent nationwide Swiss recognition of a cantonal diploma,

b) * the recognition of foreign educational qualifications,

c) * the notification obligation for service providers, and

d) * the verification of the professional qualifications of service providers,

fees ranging from at least CHF 100 to a maximum of CHF 3,000 may be charged.

4. The board of the respective conference shall determine the individual decision fees in a fee regulation. It is based on the respective time and labor expenditure and the public interest in the respective activity.

1. The EDK maintains a list of teachers whose teaching authorization or professional practice license has been revoked as a result of a cantonal decision. The cantons are obliged to report the personal data according to paragraph 2 to the General Secretariat of the EDK once the decision has become legally binding.

2. The list includes the name of the teacher, the date of the diploma or professional practice license, the date of the revocation order, the revoking authority, and the duration of the revocation, and if applicable, the date of the revocation of the teaching diploma. Cantonal and municipal authorities in the education sector may request information in writing about any entry, provided they demonstrate a legitimate interest and the request concerns a specific person.

3. The affected teachers are informed of the entry and the deletion of the entry. The right of the affected teacher to access information is guaranteed at all times.

4. After the revocation period has expired, the teaching authorization has been regranted, or upon reaching the age of 70, the entry is deleted.

5. Affected teachers may appeal the entry on the list within 30 days of the delivery of the entry decision to the Appeals Commission in accordance with Article 10 paragraph 2, in writing and with a statement of reasons.

6. In all other respects, the principles of data protection law of the Canton of Bern apply accordingly.

1. The GDK maintains a register of holders of domestic, non-university training qualifications in health professions listed in the annex to this agreement, as well as holders of equivalent recognized foreign training qualifications. The register also includes persons who have registered under the BGMD and possess a qualification in a profession according to the annex.

2. The GDK may delegate the management of the register to third parties.

3. The Board of GDK updates the annex to reflect the latest status.

4. The register serves the protection and information of patients, information for domestic and foreign authorities, quality assurance, and statistical purposes. It also facilitates the procedures necessary for granting professional practice licenses.

5. The register contains the data required to achieve the purpose set out in paragraph 4. This also includes particularly sensitive personal data mentioned in paragraph 7, sentence 2. Additionally, the insurance number according to Article 50e, paragraph 3 of the Federal Act of December 20, 1946, on Old Age and Survivors Insurance is systematically used for the unique identification of persons listed in the register and for updating personal data. The Board of GDK issues detailed regulations.

6. Authorities responsible for issuing domestic and recognizing foreign training qualifications must immediately notify the register management of any issued or recognized qualification. Competent cantonal authorities must promptly inform the register management of the issuance, refusal, withdrawal, and any change in the professional practice license, notably any restriction on practice, any other regulatory measure, and the persons who have registered under the BGMD and are permitted to practice their profession. Persons mentioned in paragraph 1 must provide all necessary data to the register management within the meaning of paragraph 5, insofar as they possess such data and other authorities are not obliged to supply it.

7. The data contained in the register is disclosed through a retrieval procedure. Reasons for the withdrawal or refusal of professional practice licenses, as well as data on lifted restrictions and other supervisory measures, are available only to authorities responsible for granting professional practice licenses and supervisory authorities. The insurance number is available only to the register management and authorities responsible for granting professional practice licenses. All other data is publicly accessible.

8. Fees in accordance with Article 12 are charged for the collection of necessary data from the persons mentioned in paragraph 1, provision of information to private and out-of-canton entities by the information requesters.

9. All entries about a person are removed from the register as soon as an authority reports their death. The data can then be used in anonymized form for statistical purposes. Entries of warnings, reprimands, and fines are removed five years after they are imposed, and entries of restrictions on licenses are removed five years after they are lifted. For entries of time-limited professional practice prohibitions, the note "deleted" is added to the register ten years after it is lifted.

10. The right of access for the affected healthcare professionals is guaranteed at all times.

11. Additionally, the principles of the data protection law of the Canton of Bern apply correspondingly.

1. Accession to this agreement shall be declared to the Board of the Swiss Conference of Cantonal Ministers of Education. The Board shall inform the Federal Council of the declaration of accession.

2. The agreement may be terminated at the end of any calendar year, subject to a notice period of three years.

1. The Board of Directors of the Conference of Education Directors enacts the agreement once at least 17 cantons have acceded to it and it has been approved by the federal government.