Revocation of permission for leading the job title “old person male nurse”
(openPR) - high requirements of the arrangement of immediate carrying out!
In a resolution v. 10.10.2006 has the Administrative Court Munich (Az. M 16 S 06,3359) to the requirements of the arrangement of immediate carrying out with interference into the occupation liberty position referred.
The government of Upper Bavaria recalled and arranged its permission for leading the job title “old person male nurse” with answer opposite the applicant immediate carrying out in this connection. For the reason of the revocation of permission for leading the job title “old person male nurse” on two incidents in stationary old-rge facilities purchase was taken.
„On 15 February 2004 a 93jährige Bewohnerin, which suffered from the consequences of a dementia, suffered with the Dusch¬vorgang Verbrühungen with following blistering. High-grade burns 2. and 3. Degree were diagnosed; in three complex operations in full arcose skin of soles and thighs would have transplanted four toes on the burned regions and to be amputiert to have. To this injury it came, since the applicant left the Heimbewohnerin, which sat in the showering UHL, however and left the shower room. It would have let the water keep running however, so that the area does not cool down. The applicant was responsible as responsible care strength for the fact that it can come with the showering procedure to no Verbrühungen of the Bewohnerin.
On 23 January 2006 the applicant became violent opposite a home inhabitant. The applicant gave a slap to the inhabitant, whereby this red Striemen carried off and marks in the face. The applicant grants this behavior. It spoke that it gave a slap to the home inhabitant in the affect, because it did not know to help itself differently and the home inhabitant it would have struck without evident reason with the fist in the face. The supervision of home regards the facts of the bodily injury free of doubts as given. “
The Administrative Court is the view that from the old person male nurse no concrete danger for the public and/or the inhabitants of the old and nursing home proceeds at present. Recent obligation injuries are not to be feared acutely. Only if this is the case, an immediate prohibition can be expressed after the constant iurisdiction of the Federal Constitutional Court.
Whether actually the necessary reliability for the occupation is missing to the applicant as an old person male nurse, remains reserving the detailed examination in the main thing main.
>>> see in addition the far decision in the full text >>>
www.vgh.bayern.de/VGMuenchen/documents/06-03359.pdf
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