FAQ-Kategorie: 17 Regulated professions

As a rule, many professions cannot be practised on the basis of a university degree alone, but are subject to a wide range of other requirements under professional licensing law. All of these professions are referred to as “regulated professions”. In everyday language, study programmes that (also) lead to these professions are often referred to in simplified terms as “regulated study programmes”, even though this glosses over nuances of meaning. The correct, albeit longer, term is “study programmes […] which also prepare students for a regulated profession” (Section 31 (3) sentence 1 MRVO).

For each regulated profession, there is a professional licensing body that is authorized to make binding statements about the professional qualification of the study programme in question.

An example: According to § 10ff. of the Seafarers’ Qualification Ordinance, a seafaring-related study programme can be designed in such a way that the degree is also assessed as a professional entrance examination for the officer’s career on merchant ships. In accordance with the Regulation, the Federal Maritime and Hydrographic Agency is the professional licensing authority.

It is not possible to provide an even remotely complete list in view of the professional, regional and structural diversity.

The respective legal regulations are decisive in determining whether a profession is regulated.

Yes, if a career goal promise is made; this is usually the case.

Accreditation on the one hand and compliance with professional requirements on the other are legally separate procedures in which separate decisions are made. If there is a procedural connection according to § 35 MRVO, this is only organizational (see FAQ 17.6). (Teacher training programs and full and partial theological study programmes are an exception; these are listed separately in the MRVO under § 25 para. 1 sentences 3 to 5. With regard to full and partial theological study programmes, the decision of the Accreditation Council requires the approval of the responsible ecclesiastical authority according to § 22 para. 5 sentence 2).

However, professional aptitude is always relevant for the accreditation decision if the higher education institution promises that graduates can gain access to a regulated profession upon completion of the study programme (possibly with further admission steps, examinations, etc.), i.e. the practice of this profession is part of the qualification goals according to § 11 para. 1 sentence 1 MRVO.

§ Section 11 (1) sentence 1 MRVO states: “The qualification goals and the intended learning outcomes are clearly formulated and take account of the objectives of higher education set out in Article 2 (3) number 1 of the interstate study accreditation treaty in a comprehensible manner.”

In the referenced passage of the State Treaty, the objective of “enabling qualified gainful employment” is relevant in the context discussed here.

According to § 12 para. 1 sentence 1 MRVO, proof must be provided that the intended qualification goals have been achieved:

“The curriculum is adequately structured, taking into account the defined entry qualification and with regard to the attainability of the qualification goals.”

According to § 12 Para. 1 Sentence 1, it must therefore be proven, among other things, that the ability to pursue a qualified occupation is given. If the higher education institution promises that graduates will be able to pursue a regulated profession upon completion of the study programme, i.e. the pursuit of this profession is the intended qualification goals, the higher education institution must prove within the framework of § 12 para. 1 sentence 1 MRVO that it also fulfills this “promise of professional goals”. This in turn requires proof of professional suitability as part of the accreditation procedure. This also applies if it is a polyvalent study programme that is not only, but also, intended to qualify students for a regulated profession.

Specifically, the higher education institution must explain in the self-evaluation report how it fulfills professional requirements. This also includes an explanation of the accreditation procedures for determining professional suitability. In cases in which the competent authority certifies professional suitability, this certificate must be attached to the application.

It is the task of the Agencies and their expert committees to analyze professional objectives and the situation under professional licensing law and to both document and evaluate them in the necessary detail under Section 12 (1).

The professional Laws themselves are not the subject of discussion in the peer-review procedure, but are a given fact. The decision on professional licensing lies exclusively with the professional licensing authority.

If the higher education institution does not provide evidence of professional aptitude despite a corresponding promise to pursue the profession, conditions will be imposed to prove professional aptitude.

Sometimes a “chicken and egg problem” arises in that it must be clarified whether the accreditation procedure should be completed first or whether the approval of the professional licensing body should be documented first. A pragmatic approach is required here. If the professional licensing body requires the accreditation procedure to be completed before making its decision, the method of choice at this point is to impose conditions requiring the professional licensing body to subsequently submit the certificate.

Promises of career goals are made primarily in the external presentation of the study programmes, e.g. on websites of the higher education institutions for prospective students or on advertising flyers.

If access to a specific regulated profession is obvious, for example due to the course title, the higher education institution must clearly communicate in its external presentation if this is not the case. The external presentation materials must clearly state whether or not the study programme qualifies for a regulated profession (and if so, under what other conditions). This serves to protect applicants.

It is true that the external presentation (except in the special case regulated in § 9 of the MRVO) is not a standard area of examination in the assessment. However, if an introduction to regulated professions is on the agenda, it is obligatory to take a look at the external professional objectives. The legal basis is the examination of qualification goals (§ 11) and their implementation (§ 12 para. 1).

On the part of the Accreditation Council, the procedural link according to § 35 MRVO is neither mandatory nor is the involvement of further peer review reports obligatory.

An exception to this are teacher training programs and full and partial theological study programmes; these are listed specifically in the MRVO under § 25 para. 1 sentences 3 to 5. With regard to full and partial theological study programmes, the decision of the Accreditation Council requires the approval of the responsible ecclesiastical body in accordance with § 22 Para. 5 Sentence 2.

According to the explanatory memorandum to § 35 MRVO, the provision is to be understood as an offer to the competent state bodies to use the accreditation procedures in order to assess the suitability of a study programme with regard to access to regulated professions in the interest of the students. § Section 35 MRVO thus only offers the possibility of an organizational connection of the accreditation procedures. In general, it depends on the respective legal regulation in which procedure and at what point in time the suitability of the study programme under professional law is determined and whether a procedural link is provided for afterwards. Higher education institutions should inform themselves about this at an early stage, preferably before the start of an accreditation procedure, and plan the peer-review procedure accordingly in consultation with the Agencies.

The questions and procedures listed in FAQ 17.1 to 17.6 also apply accordingly to system-accredited higher education institutions, which must map the requirements in their internal accreditation procedures in a suitable manner.

This is to be checked in the system accreditation both in general and in the random samples. For the latter, reference is made to § 31 para. 3 MRVO: “If the higher education institution offers study programmes that also prepare students for a regulated profession, one of these must also be included in the random samples, taking into account the criteria in Part 2 and 3 that relate to study programmes […] A representative appointed by the body responsible for the respective regulated profession […] shall participate in the random sample.”