Information - Services - Formalities by subjects - Business start-up preparations - Companies subject to licensing and monitoring requirements - Facilities for performing abortions; application for a permit. - Dienstleistungsportal Bayern

Description

Facilities require the permission of the competent government to perform abortions, unless,

• they are included in the hospital plan with the specialty "gynecology and obstetrics" or
• they are operated by a public-law institution in a legal form under public or private law;

the same shall apply in the case of participation of a public-law institution in a hospital operated in a legal form under private law, if the predominant influence of the public-law institution is ensured, in particular, by its majority in the share capital or by its voting rights or by the legal or organizational relationships.

Permission in accordance with Art. 22 of the Health Services Act (GDG) requires a written application from the sponsors or owners designating the facility.

Prerequisites

Permission is granted if it is proven that in the facility

• the requirements of § 13 para. 1 of the Pregnancy Conflict Act (SchKG) are met,
• the necessary, professionally suitable personnel are available,
• sufficient emergency intervention is possible
• premises are available in such a condition that the abortion can be performed according to the rules of medical art, the requirements of hygiene and without any other danger to the pregnant woman,
• the equipment necessary for determining the age of pregnancy is available

and if the institution or the owner of the institution offers the guarantee that the legal obligations regarding the performance of abortions will be observed. Permission may be granted subject to conditions and requirements.

Procedure

The written application shall be sent to the health department, which shall forward it without delay to the government in whose jurisdiction the facility is located, together with an opinion on the existence of the requirements.

Special notes

The statutory pregnancy conflict counseling includes, among other things, any medical and social information required by the circumstances. This also includes the provision of information about accessible facilities that perform abortions.

Processing time

if all documents and information are complete, max. 90 days

Required documents

• Approbationsurkunde
• Certificate of good conduct (document type "0")

Forms

Please select a location in "Localization" so that the address of the responsible authority can be filled in.

• Prefillable Form, Bavaria-wide: Formloser Antrag (mit Unterschrift)

  Please note

  This form has to be signed and sent to the responsible authority. You can sign the form manually and send it by email/fax or sign the form electronically with your qualified electronic signature an send it by (secure) email. If the responsible authority has set up a De-Mail account, you can also send the form by De-Mail using an sender-confirmed message.

  Dieser Assistent unterstützt Sie bei der Erstellung eines formlosen Schreibens, wenn die zuständige Stelle kein Antragsformular zur Verfügung stellt.

Fees

• The costs (fees) range from 60.00 to max. 300.00 EUR.

  The expenses (e.g. inspection costs, postal delivery charges) are to be settled individually in accordance with the Health Fees Ordinance.

  The costs (fees and expenses) are to be borne by the applicant.

Legal bases

• § 13 Gesetz zur Vermeidung und Bewältigung von Schwangerschaftskonflikten (Schwangerschaftskonfliktgesetz - SchKG)
• Art. 22 Gesetz über den Öffentlichen Gesundheitsdienst (Gesundheitsdienstgesetz - GDG)

Remedy

Administrative court action