§ 1 Application of the General Terms and Conditions
1. The General Terms and Conditions regulate the terms and conditions between the Heilpraktiker and the patient as a treatment contract within the meaning of §§ 611 ff BGB (German Civil Code) unless otherwise agreed in writing between the contracting parties.
2. The treatment contract is concluded when the patient accepts the general offer of the Heilpraktiker to practise medicine for everyone and contacts the Heilpraktiker for the purpose of consultation, diagnosis and therapy. The Heilpraktiker is entitled to refuse a treatment contract without giving reasons if the necessary relationship of trust cannot be expected, if the Heilpraktiker cannot or may not treat the patient due to his specialisation or for legal reasons, or if there are reasons which could bring him into conflicts of conscience. In this case, the non-medical practitioner's fee claim for the services rendered up to the refusal of treatment, including treatment, remains intact.
§ 2 Content of the treatment contract
1. The non-medical practitioner provides his services to the patient in the form of applying his knowledge and skills for the purpose of practising the art of healing for the purpose of informing, advising, diagnosing and treating the patient.
2. The Heilpraktiker is entitled to apply the methods which correspond to the presumed will of the patient, provided that the patient does not make a decision about this.
3. The alternative practitioner uses methods which are not generally recognised by orthodox medicine and which cannot be generally explained. A subjectively expected success of the patient cannot be promised or guaranteed. If the patient rejects the use of such methods and wishes to be advised, diagnosed or treated exclusively according to scientifically recognised methods, he/she must declare this to the alternative practitioner.
4. The non-medical practitioner is not allowed to prescribe sick leave or prescription medication.
§ 3 Participation of the patient
The patient is not obliged to actively cooperate. However, the non-medical practitioner is entitled to terminate the treatment if trust is no longer given, in particular if the patient denies the contents of the consultation, does not provide the necessary anamnesis or diagnostic information and thus prevents the therapeutic measures.
§ 4 Remuneration of the Heilpraktiker
1. The Heilpraktiker is entitled to a fee for his services. If the fees have not been agreed individually between the Heilpraktiker and the patient, the rates listed in the Heilpraktiker's price list shall apply. All other fee scales or schedules do not apply.
2. The fees are to be paid by the patient in cash after each treatment against receipt. Upon completion of the treatment, the patient shall receive a bill subject to fees in accordance with § 7 of the General Terms and Conditions upon request.
3. If the alternative practitioner arranges services of third parties which he/she does not supervise professionally (e.g. laboratory services), the alternative practitioner is entitled to claim the amounts invoiced by the third party as his/her own fee components and to settle them with the patient in the anticipated amount according to paragraph 2. These amounts are to be shown separately in receipts and invoices. The alternative practitioner is entitled to claim his own fees for the arrangement of accompanying services for the patient.
4. If the Heilpraktiker has services provided by third parties which he supervises himself, these services are part of the fees of the Heilpraktiker. Insofar as no inclusive agreement has been made in this respect, these costs will be charged.
5. In the cases of paragraphs 3. and 4. the alternative practitioner is exempt from the restrictions of § 181 BGB (German Civil Code) and may conclude legal transactions between the third party (e.g. laboratory) and himself as the patient's agent. This also applies if § 181 BGB would also be applicable to the legal relationship between the Heilpraktiker and third parties; irrespective of any exemption in this respect.
6. due to legal regulations, the dispensing of pharmacy-required medicinal products is not permitted for alternative practitioners. However, the direct administration of medicinal products to patients by alternative practitioners is still permissible, as this is not a supply but a use. It follows from this that Heilpraktiker fees generally include the medicinal products used and that no deduction or specification of any kind is possible. The use of medicinal products brought along by the patient is excluded.
7. In contrast, the dispensing of medicinal products by pharmacies to the patient for prescribed or recommended medicinal products constitutes a direct transaction not covered by these General Terms and Conditions, which has no influence on the fee and invoice structure of the alternative practitioner. This also applies to over-the-counter medicinal products, food supplements and other aids recommended or prescribed by the Heilpraktiker and obtained by the patient from relevant sales outlets.
8. The dispensing of over-the-counter medicinal products, food supplements and other aids is permitted to the alternative practitioner or to companies economically associated with him/her. Under the premise of free choice of the point of sale, these products may be sold by the alternative practitioner with the intention of making a profit or may be brokered for commission.
§ 5 Reimbursement of fees by third parties
1. Insofar as the patient is or believes to be entitled to reimbursement or partial reimbursement of the fee by third parties, § 4 is not affected by this. The non-medical practitioner does not carry out direct billing and cannot defer the fee or parts of the fee in anticipation of a possible refund.
2. Insofar as the Heilpraktiker provides the patient with information on the reimbursement practice of third parties, this information is non-binding. These are non-binding. In particular, the usual reimbursement rates shall not be deemed to be an agreed fee within the meaning of § 4 paragraph 1. The scope of the Heilpraktiker's services is not limited to reimbursable services. The alternative practitioner shall not provide any direct information to the third party in matters of reimbursement. All information and necessary certificates are provided exclusively to the patient. Such services are subject to a fee.
§ 6 Confidentiality of treatment
1. The alternative practitioner shall treat the patient's data confidentially and shall only provide information regarding the diagnosis, the consultations and the therapy as well as their accompanying circumstances and the patient's personal circumstances with the express consent of the patient. The written form may be waived if the information is provided in the interest of the patient and it can be assumed that the patient will consent.
2. Paragraph 1. does not apply if the alternative practitioner is obliged to pass on the data due to legal regulations - for example, the obligation to report certain diagnoses - or is obliged to provide information by official or judicial order. This also applies to information provided to legal guardians, but not to information provided to spouses, relatives or family members. Paragraph 1. shall furthermore not apply if personal attacks are made against him or his professional practice in connection with the consultation, diagnosis or therapy and he can exonerate himself by using accurate data or facts.
3. The alternative practitioner shall keep records of his services (manual file). The patient shall not be entitled to inspect this file, nor may he/she demand its return. Paragraph 2 remains unaffected. If the patient requests a treatment or medical record, the alternative practitioner shall draw it up from the medical record at the patient's expense and fee. If there are originals in the medical file, copies of these will be enclosed in the treatment file. The copies shall be marked with a note that the originals are in the reference file.
§ 7 Invoicing
1. In addition to the receipts according to § 4, the patient shall receive an invoice on request after completion of the treatment phase, the issuing of which is subject to a fee.
2. The invoice shall contain the name and address of the patient as well as the period of treatment, all types of services and the diagnosis. The applicable rate of value added tax shall be shown.
3. If the patient does not wish a diagnosis or therapy specification in the invoice, he/she shall inform the Heilpraktiker accordingly.
§ 8 Disagreements
Disagreements arising from the treatment contract and the General Terms and Conditions should be settled amicably. To this end, it is advisable to submit counter-arguments, differing opinions or complaints in writing to the other contracting party in writing.
§ 9 Severability clause
Should individual provisions of the treatment contract or the General Terms and Conditions be or become invalid or void, this shall not affect the validity of the treatment contract as a whole. The invalid or void provision shall rather be replaced by a provision that comes closest to the purpose of the contract or the intention of the parties in a free interpretation.