General Terms and Conditions for Naturopathic Practices

General Terms and Conditions for Alternative Practitioners

§ 1 Application of the General Terms and Conditions

1. These General Terms and Conditions govern the business relationship between alternative practitioners and patients as a treatment contract within the meaning of §§ 611 ff BGB, unless otherwise agreed in writing between the contracting parties.

2. The treatment contract is concluded when the patient accepts the general offer of the alternative practitioner to practice medicine for everyone and contacts the alternative practitioner for the purpose of advice, diagnosis and therapy.

3. The alternative practitioner is entitled to refuse a treatment contract without giving reasons if the necessary relationship of trust cannot be expected, if the alternative practitioner cannot or may not provide treatment due to their specialization or for legal reasons, or if there are reasons that could lead to a conflict of conscience. In this case, the alternative practitioner retains the right to payment for services rendered up to the point of refusal, including the treatment itself.

 

§ 2 Content of the treatment contract

1. The alternative practitioner provides his services to the patient in the form of applying his knowledge and skills for the purpose of practicing medicine, for the purpose of informing, advising, diagnosing and treating the patient.

2. The alternative practitioner is entitled to use methods that correspond to the presumed will of the patient, provided the patient does not make a decision on this matter.

3. The alternative practitioner uses methods that are generally not recognized by conventional medicine and cannot be explained in general terms. A patient's subjectively expected success 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 recognized methods, they must inform the alternative practitioner accordingly.

4. The alternative practitioner is not allowed to issue sick notes, and he is not allowed to prescribe prescription medications.

 

§ 3 Patient's cooperation

The patient is not obligated to actively participate. However, the alternative practitioner is entitled to terminate treatment if trust is no longer present, particularly if the patient denies the advice given, fails to provide necessary information for their medical history or diagnosis, and thus obstructs the therapeutic measures.

§ 4 Remuneration of the alternative practitioner

1. The alternative practitioner is entitled to a fee for their services. If the fees have not been individually agreed upon between the alternative practitioner and the patient, the rates listed in the alternative practitioner's price list apply. All other

Fee schedules or lists do not apply.

2. Fees are payable in cash by the patient after each treatment upon receipt of a receipt. Upon completion of the treatment, the patient will receive an invoice subject to a fee upon request.

 

Section 7 of the General Terms and Conditions.

3. If the alternative practitioner arranges services from third parties that he does not professionally supervise (e.g., laboratory services), the alternative practitioner is entitled to claim the amounts invoiced by the third party as components of his own fee and to bill the patient accordingly, in the anticipated amount as per paragraph 2. These amounts must be shown separately on receipts and invoices. The alternative practitioner is entitled to charge his own fees for arranging ancillary services for the patient.

4. If the alternative practitioner has services performed by third parties under their supervision, these services are included in the alternative practitioner's fees. Unless an all-inclusive agreement has been made, these costs will be invoiced separately.

5. In the cases referred to in paragraphs 3 and 4, the alternative practitioner is exempt from the restrictions of Section 181 of the German Civil Code (BGB) and may, as the patient's agent, conclude legal transactions between the third party (e.g., laboratory) and himself. This also applies even if Section 181 of the German Civil Code (BGB) would otherwise apply to the legal relationship between the alternative practitioner and the third party, irrespective of any applicable exemption.

6. Due to legal regulations, alternative practitioners are not permitted to dispense prescription medications. However, the direct administration of medications to patients by the alternative practitioner remains permissible, as this constitutes use, not dispensing. It follows that alternative practitioner fees generally include the cost of the medications used, and any separate billing or itemization is not possible. The use of medications brought by the patient by the alternative practitioner is prohibited.

7. In contrast, the dispensing of prescribed or recommended medications by pharmacies to the patient constitutes a direct transaction not covered by these General Terms and Conditions, which has no bearing on the naturopath's fees and invoicing. This also applies to over-the-counter medications, dietary supplements, and other aids recommended or prescribed by the naturopath and purchased by the patient from relevant retail outlets.

8. The dispensing of over-the-counter medications, dietary supplements, and other aids is permitted to alternative practitioners or companies economically affiliated with them. Provided that the patient has the freedom to choose the point of sale, these products may be sold by the alternative practitioner for profit or brokered on a commission basis.

§ 5 Reimbursement of fees by third parties

1. Insofar as the patient is entitled to, or believes he is entitled to, reimbursement or partial reimbursement of the fee by a third party, Section 4 remains unaffected. The alternative practitioner does not bill directly and cannot defer payment of the fee or any portion thereof in anticipation of possible reimbursement.

2. Any information provided by the alternative practitioner to the patient regarding third-party reimbursement practices is non-binding. In particular, the usual reimbursement rates do not constitute an agreed fee within the meaning of Section 4, Paragraph 1. The scope of the alternative practitioner's services is not limited to reimbursable services.

3. The alternative practitioner will not provide any direct information to third parties regarding reimbursement matters. All information and necessary certificates will be provided exclusively to the patient. Such services are subject to a fee.

Section 6 Confidentiality of Treatment 1. The alternative practitioner treats patient data confidentially and only discloses information regarding the diagnosis, consultations, and therapy, as well as their accompanying circumstances and the patient's personal situation, with the patient's express consent. Written consent may be waived if the disclosure is in the patient's interest and it can be assumed that the patient would consent.

Paragraph 1, section 2, does not apply if the alternative practitioner is legally obligated to disclose the data – for example, mandatory reporting of certain diagnoses – or is required to provide information by order of an authority or court. This also applies to disclosures to legal guardians, but not to disclosures to spouses, relatives, or family members. Paragraph 1 also does not apply if, in connection with the consultation, diagnosis, or therapy, personal attacks are made against the practitioner or their professional practice, and they can exonerate themselves by using relevant data or facts.

3. The alternative practitioner keeps records of their services (patient file). The patient is not entitled to inspect this patient file; nor can they demand its release. Paragraph 2 remains unaffected. 4. If the patient requests a treatment or medical record, the alternative practitioner will create this from the patient file, subject to a fee. If the patient file contains original documents, copies of these will be included in the treatment record. The copies will be marked to indicate that the originals are in the patient file.

§ 7 Invoicing

1. In addition to the receipts according to § 4, the patient will receive an invoice upon request after completion of the treatment phase, the issuance of which is subject to a fee.

2. The invoice includes the patient's name and address, the treatment period, all services provided, and the diagnosis. The applicable VAT rate is shown.

3. If the patient does not wish for a diagnosis or therapy specification to be included in the invoice, he must inform the alternative practitioner accordingly.

§ 8 Disagreements

Disagreements arising from the treatment contract and the general terms and conditions should be settled amicably. It is recommended that any objections, differing opinions, or complaints be submitted in writing.

to be submitted to the other contracting party.

§ 9 Severability Clause

Should individual provisions of the treatment contract or the general terms and conditions be or become invalid or unenforceable, this shall not affect the validity of the treatment contract as a whole. Instead, the invalid or unenforceable provision shall be replaced by a provision that most closely reflects the purpose of the contract or the intent of the parties.