Intercantonal Agreement on the Recognition of School and Professional Diplomas

1 The agreement establishes the rules for the recognition of cantonal school and professional diplomas, for the management of a list of teachers whose right to teach has been withdrawn, and for a register of healthcare professionals. [2]

2 It regulates, in application of national and international law, the recognition of foreign school and professional diplomas, [3] as well as the application of the declaration obligation to which service providers are subject. [4]

3 It promotes free access to higher education and the practice of professions. It helps to ensure the quality of education throughout Switzerland.

4 It forms the basis for agreements between the Confederation and the Cantons in accordance with Article 16 paragraph 2 of the Federal Act on Universities of Applied Sciences. [5]

[2] Amendment of 16 June 2005.

[3] Amendment of 16 June 2005.

[4] Amendment of 24 October / 21 November 2013.

[5] Amendment of 16 June 2005.

This Agreement applies to all training and to all professions that are regulated by the Cantons.

Collaboration with the Confederation [6]

[6] Amendment of 16 June 2005.

1 In fields where competencies are divided between the Confederation and the Cantons, solutions must be sought by mutual agreement.

2 Collaboration with the Confederation takes place in particular in the following areas

a. recognition of maturity certificates (general aptitude for undertaking higher education studies);

b. recognition of vocational maturity certificates, and in general, the aptitude to undertake studies at a university of applied sciences;

c. recognition of diplomas for teaching in vocational schools;

d. definition of the principles governing the offering of diploma-level study programs in the field of universities of applied sciences, and

e. consultation and participation of the Cantons in international matters.

3 The conclusion of agreements as provided for in Article 1 paragraph 4 is within the competence of the Plenary Assembly of the EDK (CDPE). In the field of health professions, the CDS (CDSS) must be involved in all negotiations conducted with a view to concluding an agreement.

1 The recognition authority is the CDPE. The CDS recognizes school and professional diplomas in its areas of competence, provided that competence does not lie with the Confederation. [7]

2 Each Canton that has acceded to the agreement has one vote. The other Cantons have a consultative vote.

[7] Amendment of June 16, 2005.

1 The CDPE is responsible for the application of the agreement.

2 To this end, it collaborates with the Confederation and with the Swiss University Conference on all matters concerning university degrees. [8]

3 The CDS applies the agreement within its area of competence. It may delegate the task to third parties, but in any case, remains responsible for supervision. [9]

[8] Amendment of 16 June 2005.

[9] Amendment of 16 June 2005.

1 The recognition regulations lay down for all school and professional diplomas or for categories of diplomas, in particular

a. the conditions for recognition (Article 7);

b. the procedure for recognition;

c. the conditions for the recognition of foreign school and professional diplomas; and

d. the procedure relating to the obligation of service providers to declare their professional qualifications and to the verification of these qualifications. [10]

2 The recognition authority shall issue the recognition regulations after consulting the directly concerned professional organisations and associations. If the task is entrusted to third parties in accordance with Article 5 paragraph 3, it must approve the recognition regulations.

3 The recognition regulations, or their approval, must be accepted by at least two-thirds of the voting members of the competent recognition authority.

[10] Amendment of 24 October / 21 November 2013.

1 The conditions for recognition specify the minimum requirements that school and professional diplomas must meet. Due consideration will be given to existing educational and professional models in Switzerland, as well as any international requirements.

2 The regulation must govern

a. the qualifications attested by the diploma, and

b. the manner in which said qualifications are assessed.

3 It may, furthermore, contain other provisions such as

a. the duration of the training;

b. the conditions for admission to the training;

c. the contents of the curriculum, and

d. the qualifications required of the teaching staff.

1 Recognition attests that the school and professional diploma satisfies the conditions stipulated by this agreement and by the specific recognition regulation.

2 The Cantons that have acceded to the agreement guarantee, to the holders of a recognized diploma, the same right of access to professions regulated at the cantonal level as that accorded to their citizens in possession of a corresponding diploma.

3 The Cantons that have acceded to the agreement authorize the holders of a recognized diploma to attend schools of a higher level under the same conditions stipulated for their citizens in possession of a corresponding diploma. The right to establish restrictions due to admission capacities in individual schools and to require adequate financial participation remains reserved.

4 The holders of a recognized diploma have the right to use the corresponding and guaranteed title, insofar as the recognition regulation explicitly provides for it.

1 The CDPE prepares documentation on school and professional diplomas.

2 The Cantons that have accepted the agreement commit to publishing the recognition regulations in the Official Gazette.

Legal Protection [11]

[11] Amendment of 16 June 2005.

1 Any dispute by a Canton against regulations and decisions taken by the recognition authorities, as well as any dispute between Cantons, may be the subject of an action before the Federal Supreme Court pursuant to Article 120 of the Federal Supreme Court Act. [12]

2 Against decisions of the recognition authorities, as well as against decisions concerning the fees provided for in Article 12 *ter* paragraph 8, the person concerned may, within 30 days of notification, file a written and duly reasoned appeal with the appeal commission established by the Committee of the competent conference. The provisions of the Federal Administrative Court Act [13] apply by analogy. Decisions of the appeal commissions may be subject to an appeal by the recognition authority or the person concerned before the Federal Supreme Court, in accordance with Article 82 et seq. of the Federal Supreme Court Act [14] [15].

3 The Committee of the competent conference shall establish the composition and organization of the appeal commission in a regulation.

[12] Federal Act of 17 June 2005 on the Federal Supreme Court (Federal Supreme Court Act, FSA); SR 173.110.

[13] Federal Act of 17 June 2005 on the Federal Administrative Court (Federal Administrative Court Act, FACA); SR 173.32.

[14] Federal Act of 17 June 2005 on the Federal Supreme Court (Federal Supreme Court Act, FSA); SR 173.110.

[15] Amendment of 24 October / 21 November 2013.

Anyone who attributes to themselves a title recognized under Article 8 paragraph 4 of this agreement, without holding a school or professional diploma, or who uses a title that gives the impression that they hold such a diploma, is punishable by arrest or fine. Negligence is also punishable. Judicial action is the responsibility of the Cantons.

Expenses and Fees [16]

[16] Amendment of October 24 / November 21, 2013.

1 The costs arising from this agreement shall be borne by the signatory Cantons in proportion to the number of inhabitants. The provisions of paragraphs 2, 3 and 4 remain reserved.

2 For the issuance of a certificate concerning the retroactive national recognition of a cantonal diploma or the declaration of professional qualifications of a service provider, as well as for the registration of necessary data pursuant to Article 12 ter, paragraph 5, and for the communication of information from the register of health professionals pursuant to Article 12 ter, paragraph 8, fees ranging from a minimum of 100.– to a maximum of 1000.– francs may be charged.

3 For decisions or decisions on appeals concerning

a. the retroactive national recognition of a cantonal diploma;

b. the recognition of a foreign school and professional diploma;

c. the obligation of service providers to declare their professional qualifications; and

d. the verification of professional qualifications of service providers, fees ranging from a minimum of 100.– to a maximum of 3000.– francs may be charged.

4 The competent Conference Committee shall stipulate in a regulation the amount of the individual decision fees calculated based on the time and work required for processing, as well as according to the public interest in the activity concerned.

List of teachers whose right to teach has been

revoked [17]

[17] Amendment of 16 June 2005.

1 The EDK (CDPE) maintains a list of teachers whose teaching authorization has been revoked by a cantonal decision. Cantons are obliged to communicate personal data, as per paragraph 2, to the EDK (CDPE) General Secretariat once the relevant decision has entered into force.

2 The list contains the teacher's name, the date of obtaining the diploma or professional license, the date of revocation of the teaching authorization, the name of the competent authority, the duration of the revocation of the teaching authorization, and potentially the date of withdrawal of the diploma. Cantonal and communal authorities may, by written request, obtain this information provided they demonstrate a legitimate interest and the request concerns a specific person.

3 Every teacher listed on the intercantonal list is informed of their registration or the deletion thereof. They have the right at any time to consult the information concerning them.

4 The registration is cancelled when the teaching authorization is reinstated, when the period of withdrawal has ended, or when the person concerned has reached the age of 70.

5 Any teacher registered on the list may, within 30 days of notification, lodge a written and duly reasoned appeal against the decision with the appeals commission, as provided for in Article 10 paragraph 2 of this agreement.

6 For the rest, the principles of data protection law of the Canton of Bern apply mutatis mutandis.

Register of Health Professionals [18]

[18] Amendment of 24 October / 21 November 2013.

1 The CDS maintains a register of holders of Swiss non-university school and professional diplomas in healthcare professions listed in the annex to this agreement, as well as holders of foreign diplomas recognised as equivalent. The register also records persons who have declared their professional qualifications according to the Professional Qualifications Act (PQA) [19] and who hold a diploma in one of the professions indicated in the annex.

2 The CDS may delegate the maintenance of the register to third parties.

3 The CDS Committee shall keep the annex up to date.

4 The register serves for the protection and information of patients, for the information of Swiss and foreign services, for quality assurance, and for statistical purposes. Furthermore, it serves to simplify the procedures necessary for issuing authorisations to practice the profession.

5 The register contains the data necessary to achieve the objectives indicated in paragraph 4, including personal data worthy of particular attention indicated in paragraph 7, second sentence. To precisely identify persons registered in the register and to update their personal data, the AHV insured number, within the meaning of Article 50e, paragraph 3 of the Federal Act of 20 December 1946 on Old-Age and Survivors' Insurance, is also systematically used in the register. [20] The CDS Committee shall issue detailed provisions.

6 The services responsible for issuing Swiss diplomas and for recognising foreign diplomas shall promptly communicate every issuance and every recognition of a diploma to the service maintaining the register. The competent cantonal authorities shall promptly communicate every issuance, refusal, withdrawal, and amendment of the authorisation to practice the profession to the service maintaining the register, in particular every restriction on the exercise of the profession and any other disciplinary measure, as well as the identity of persons who have declared their professional qualifications within the meaning of the PQA and are authorised to practice their profession. The persons indicated in paragraph 1 shall provide the service maintaining the register with all necessary data as per paragraph 5 in their possession, unless the task of providing this data falls to other services.

7 The data contained in the register can be consulted online. However, the reasons for the withdrawal or refusal of an authorisation to practice, as well as data relating to abolished restrictions and other disciplinary measures, may only be consulted by the authorities competent for issuing the authorisation to practice the activity, as well as by the supervisory authorities. The AHV insured number is available only to the service maintaining the register and to the authorities competent for issuing the authorisation to practice the activity. All other data may be freely consulted.

8 In accordance with Article 12, the persons indicated in paragraph 1 shall be liable to pay a fee for the registration of the necessary data within the meaning of paragraph 5, and private individuals and extra-cantonal services for the issuance of information.

9 All entries in the register shall be deleted when an authority announces the death of the person concerned. The data may subsequently be used for statistical purposes in anonymised form. Entries of warnings, admonishments, and fines shall be deleted from the register five years after their notification; the entry of restrictions on the authorisation to practice five years after the revocation of the restriction. The temporary prohibition from practicing the profession shall be cancelled in the register with the mention "deleted" ten years after its removal.

10 The healthcare professionals involved have the right at all times to consult their personal information concerning them.

11 For the rest, the principles of data protection law of the Canton of Bern shall apply by analogy.

[19] Federal Act on the Obligation to Declare and Verification of Professional Qualifications of Service Providers in Regulated Professions (Professional Qualifications Act - PQA).

[20] SR 831.10

1 Declarations of accession to the present agreement shall be submitted to the Committee of the CDPE, which shall communicate them to the Federal Council.

2 The agreement may be denounced at the end of each calendar year with a notice period of three years.

The Committee of the Conference of Directors of Public Education decides on the entry into force of the agreement when at least 17 Cantons have submitted their instrument of accession and after the agreement has been approved by the Confederation.

Bern, 18 February 1993 In the name of the Swiss Conference

of Cantonal Directors of Public Education

The President: Peter Schmid

The Secretary General: Moritz Arnet

Decided by the Swiss Conference of Cantonal Directors of Public Education with the agreement of the Swiss Conference of Cantonal Directors of Health and the Conference of Cantonal Directors of Social Services. [22]

The Confederation (FDHA) approved the agreement on 24 November 1994.

The agreement entered into force on 1 January 1995.

All Cantons have acceded to the agreement (status August 1997).

[21] Amendment of 16 June 2005.

[22] Amendment of 16 June 2005.