1. Professional Affairs, approval, authorization, license to
practice:
Admitted as self "Clinical Linguist" by the Federal Social Court confirmed - Restriction on
subfields of speech therapy possible
BSG, judgment of 25.09.2001 - B 3 LR 13/00 R
The BSG had the approval of the Federal Association of Clinical Linguistics e V. (BKL)
certified clinical linguist to decide to submit spoke therapeutic services according to § 124
paragraph 2 sentence 1 No. 1 and 2 SGB V.
The applicant, a specialist in German studies with a focus on linguistics and English completed
in the second degree, the subjects neuro and Patholinguistics which she finished with a PhD.
From the Association of Clinical Linguistics Association (BKL) She received certificate attests
that after passing the exam, the criteria set by the Association to hold the professional
designation "Clinical linguist (BKL)" met. The applicant was employed as a clinical linguist
since quicker ROI in a neurological clinic. Their duties include the diagnostic and therapeutic
management of patients with neurological voice, speech and swallowing disorders.
1996, the applicant applied for leave to self "Clinical linguist" in Stuttgart. This application was
rejected by the competent AOK on the grounds that the training would not suffice as a Clinical
linguist requirements, which are subject to an approval for the delivery of speech therapy,
because here - unlike in speech therapy - the focus of training in the theoretical and scientific and
was not in the therapeutic-practical areas. In addition, the clinical linguistics encompasses with
its restriction to neurological dysfunction related to only a portion of the speech therapy. Detail
2. at craig gorman speech pathologist
That court Stuttgart, the applicant admitted to the provision of speech therapy, the Social Court
denied this claim. The BSG has now restored the original decision and affirmed the requirements
for admission.
The ESR states that the view of the LSG that a provider can only be authorized to submit said
therapeutic benefits if he of his education and professional practice forth the entire breadth of
speech therapy within the meaning of § 124 para 1 of the SGB V, so the voice therapy, speech
therapy and the actual speech therapy, and covering it can handle all kinds of malfunctions, so
organic, mental and neurological disorders alike, is incorrect. Although the extensive fields of
activity of speech and language therapists nationally recognized model may have been the
admission rules of § 124 SGB V. One limitation, however, can be found either in this
specification or in the legal materials. Such a restriction would also be constitutionally
questionable. § 124 SGB V is a professional practice regulatory provision, which is to measure
the fundamental right of freedom of occupation under Article 12 paragraph 1 GG. Admission
rules of § 124 SGB V serves to safeguard the health of the supply contract to receive or restore
the health of the insured. The exclusion of all Heilmittelerbringer not of their training or work
experience here - as the speech - the full range of speech therapy cover, but can only provide a
substantial content definable part of the field of speech therapy (or want to), this ground of
public interest can not justify and it is not clear that the supply of insured could be jeopardized
by a specialist only to a portion of speech therapists. Unless special knowledge is required,
should the opposite occur improving care, craig gorman speech pathology.
Note:
The judgment of the BSG operated that an authorization for speech therapy even when limited to
specific performance or images of the field of speech therapy (here: Clinical linguistics) may not
be refused. This clarifying judgment of the BSG supports the efforts to further specialization in
speech therapy.
This requires the qualification in a "definable part of the field of speech therapy." The proof of
professional qualifications on the Association of Clinical Linguistics enough as qualifying
licenses within the meaning of § 124 paragraph 2 sentence 1 No. 1 of the SGB V. The applicant
must AOK who have an education of the Federation of Clinical Linguistics (BKL) and want to
be limited to the area of ??activity or clinical linguistics must not exclude from admission to
delivery of services of speech therapy.