General Terms and Conditions of Business
§ 1 Application of the General Terms and Conditions
1. The general terms and conditions regulate the terms and conditions between the alternative practitioner 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 Naturopath to practise medicine for everyone and contacts the alternative practitioner for the purpose of consultation, diagnosis and therapy.
3. The Naturopath is entitled to refuse a treatment contract without giving reasons if the necessary relationship of trust cannot be expected, if the Naturopath cannot or may not treat due to her specialization or for legal reasons, or if there are reasons that could bring her into conflicts of conscience. In this case, the Naturopath's fee entitlement for the services rendered up to the refusal of treatment, including treatment, remains intact.
§ 2 Content of the treatment contract
1. The Naturoath provides her services to the patient in such a way that she applies her knowledge and skills for the purpose of practicing medicine to inform, advise, diagnose and treat the patient.
2. The Naturopath is entitled to use the methods that correspond to the presumed will of the patient, unless the patient makes a decision in this regard.
3. The Naturopath uses methods that are not generally recognized by conventional medicine and 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 recognized methods, he or she must declare this to the Naturopath.
4. The Naturopath may not prescribe sick leave or prescription medication.
§ 3 Cooperation of the patient
The patient is not obliged to actively cooperate. However, theNaturopath 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 alternative practitioner
1. The Naturopath is entitled to a fee for her services. If the fees have not been agreed individually between the Naturopath and the patient, the rates listed in the Naturopaths'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 or by bank transfer after each treatment. Upon completion of the treatment, the patient will receive an invoice subject to a fee upon request in accordance with § 7 of the General Terms and Conditions.
3. If the Naturopath arranges services of third parties which she does not professionally supervise (e.g. laboratory services), the Naturopath is entitled to claim the amounts invoiced by the third party as her own fee components and to settle them with the patient in the expected amount in accordance with paragraph 2. These amounts must be shown separately in receipts and invoices. The Naturopath is entitled to claim her own fees for arranging accompanying services for the patient.
4. If the Naturopath has services provided by third parties which she supervises herself, these services are part of the Naturopath's fees. If no inclusive agreement has been made, these costs will be invoiced.
5. In the cases of paragraphs 3. and 4. the Naturopath is exempt from the restrictions of § 181 BGB and may conclude legal transactions between the third party (e.g. laboratory) and herself as the patient's agent. This also applies if § 181 BGB would also apply to the legal relationship between the alternative practitioner and third parties, irrespective of any exemption in this regard.
6. Due to legal regulations, Naturopaths are not permitted to dispense pharmacy-only medicinal products. However, direct administration to patients by alternative practitioners is still permitted, as this is not a supply but a use.
This means that naturopaths' fees generally include the medicinal products used and it is not possible to offset or specify them in any way.
The use of medicinal products brought by the patient is excluded.
7. On the other hand, the dispensing of medicines by pharmacies to the patient for prescribed or recommended medicines constitutes a direct transaction not covered by these General Terms and Conditions, which has no influence on the fee and invoice structure of the Naturopath.
This also applies to over-the-counter medicines, dietary supplements and other aids recommended or prescribed by the Naturopath and obtained by the patient from relevant sales outlets.
8. The dispensing of over-the-counter medicines, dietary supplements and other aids is permitted to the Naturopath or companies commercially associated with her. Under the premise of free choice of sales outlet, these products may be sold by the Naturopath with the intention of making a profit or brokered in return 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 Naturopath shall not carry out direct billing and may also refund the fee or parts of the fee in anticipation of a possible reimbursement.
2 Insofar as the Naturopath provides the patient with information about the reimbursement practices of third parties, this information is non-binding. In particular, the usual reimbursement rates are not deemed to be an agreed fee within the meaning of § 4 (1). The scope of the Naturopath's services is not limited to reimbursable services.
3. The Naturopath shall not provide the third party with any direct information on reimbursement issues. All information and necessary certificates are provided exclusively to the patient. Such services are subject to a fee.
§ 6 Confidentiality of treatment
1. The Naturopath shall treat patient data confidentially and shall only provide information regarding the diagnosis, consultations and therapy as well as their accompanying circumstances and the personal circumstances of the patient with the express consent of the patient. The written form requirement may be waived if the information is provided in the interests of the patient and it can be assumed that the patient will consent.
2. Paragraph 1 shall not apply if the Naturopath is obliged by law to disclose the data - e.g. reporting obligation for certain diagnoses - or is obliged to provide information by official or court order. This also applies to information provided to legal guardians, but not to information provided to spouses, relatives or family members. Paragraph 1. shall also not apply if personal attacks are made against her or her professional practice in connection with the consultation, diagnosis or therapy
and she can exonerate herself by using accurate data or facts.
3 The Naturopath shall keep records of her services (personal file). The patient is not entitled to inspect these records and may not demand to see them. Paragraph 2 remains unaffected.
4. If the patient requests a treatment or medical record, the Naturopath shall compile this from the medical record at the patient's expense and for a fee. If there are originals in the medical file, copies of these will be attached to the treatment file. The copies shall be marked with a note stating that the originals are in the personal file.
§ 7 Invoicing
1. In addition to the receipts in accordance with § 4, the patient shall receive an invoice on request after completion of the treatment phase, the issue of which is subject to a fee.
2. The invoice shall include the patient's name and address, the treatment period, all types of services and the diagnosis. The applicable VAT rate shall be shown.
3. If the patient does not wish to specify a diagnosis or therapy on the invoice, he/she must inform the Naturopath accordingly.
§ 8 Differences of opinion
Differences of opinion 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 party to the contract.
§ 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. Rather, the invalid or void provision shall be replaced by a provision that comes closest to the purpose of the contract or the parties' intentions.