Under German law, a "Heilpraktiker" (naturopathic practitioner) is a licensed profession distinct from a medical doctor. These terms describe the treatment contract governed by German civil law (§§ 611 ff. BGB).
1. These General Terms & Conditions govern the relationship between the naturopathic practitioner and the patient as a treatment contract within the meaning of §§ 611 ff. of the German Civil Code (BGB), unless otherwise agreed in writing between the parties.
2. The treatment contract is formed when the patient accepts the practitioner's general offer to practice naturopathic medicine and contacts the practitioner for the purpose of consultation, diagnosis and therapy.
3. The practitioner is entitled to decline a treatment contract without stating reasons, if the necessary relationship of trust cannot be expected, if the practitioner is unable or not permitted to treat due to their specialization or for legal reasons, or if there are reasons that could create a conflict of conscience. In this case, the practitioner's claim to fees for services already rendered up to the point of declining treatment, including the treatment itself, remains unaffected.
1. The practitioner provides services to the patient by applying their knowledge and skills in the practice of naturopathic medicine for the purpose of education, consultation, diagnosis and therapy of the patient.
2. The practitioner is entitled to apply methods that correspond to the patient's presumed wishes, insofar as the patient does not make a decision on this themselves.
3. The practitioner applies methods that are generally not recognized by conventional medicine and are not always scientifically explainable. A subjectively expected outcome for the patient cannot be promised or guaranteed. Insofar as the patient rejects the application of such methods and wishes to be advised, diagnosed or treated exclusively according to scientifically recognized methods, they must inform the practitioner accordingly.
4. The practitioner may not issue sick notes (certificates of incapacity to work) and may not prescribe prescription-only medication.
The patient is not obliged to actively cooperate. However, the practitioner is entitled to end the treatment if trust is no longer given, in particular if the patient declines to engage with the advice given, fails to provide the necessary case history or diagnostic information, and thereby prevents therapeutic measures.
1. The practitioner is entitled to a fee for their services. If fees have not been individually agreed between the practitioner and the patient, the rates listed in the practitioner's price list apply. No other fee schedules or directories apply.
2. Fees are payable in cash by the patient after each treatment, against a receipt. On request, the patient will receive an invoice after completion of treatment, subject to a fee in accordance with § 7 of these Terms & Conditions.
3. If the practitioner arranges third-party services that they do not professionally supervise (e.g. laboratory services), the practitioner is entitled to claim the amounts invoiced by the third party as part of their own fee and to bill the patient the expected amount in accordance with paragraph 2. Such amounts are to be shown separately on receipts and invoices. The practitioner is entitled to charge their own fee for arranging accompanying services for the patient.
4. If the practitioner has third-party services performed under their own supervision, these services form part of the practitioner's fee. Unless an inclusive arrangement has been agreed, these costs will be invoiced.
5. In the cases described in paragraphs 3 and 4, the practitioner is exempt from the restrictions of § 181 BGB and may, as the patient's agent, conclude legal transactions between the third party (e.g. a laboratory) and themselves. This also applies where § 181 BGB would otherwise apply to the legal relationship between the practitioner and the third party, regardless of any applicable exemption.
6. Under statutory provisions, naturopathic practitioners are not permitted to dispense pharmacy-only medication. However, direct administration to patients by the practitioner remains permitted, as this constitutes use rather than dispensing. It follows that the practitioner's fees generally include the medication used, and no breakdown or itemization of this is possible. The practitioner will not apply medication brought by the patient themselves.
7. By contrast, the dispensing of prescribed or recommended medication by pharmacies to the patient constitutes a direct transaction not covered by these Terms & Conditions and has no bearing on the practitioner's fees or invoicing. This also applies to over-the-counter medication, dietary supplements and other aids recommended or prescribed by the practitioner and obtained by the patient from the relevant retailers.
8. The practitioner, or companies economically affiliated with the practitioner, are permitted to dispense over-the-counter medication, dietary supplements and other aids. Given the patient's free choice of retailer, these products may be sold by the practitioner for profit or brokered for a commission.
1. Insofar as the patient has, or believes they have, a claim to reimbursement or partial reimbursement of fees by third parties (e.g. insurers), § 4 remains unaffected. The practitioner does not carry out direct billing with third parties and cannot defer fees or portions thereof in anticipation of possible reimbursement.
2. Any information the practitioner provides to patients regarding third-party reimbursement practices is non-binding. In particular, customary reimbursement rates do not constitute an agreed fee within the meaning of § 4 (1). The scope of the practitioner's services is not limited to reimbursable services.
3. The practitioner does not provide direct information to third parties on reimbursement matters. All information and necessary certificates are provided exclusively to the patient. Such services are subject to a fee.
1. The practitioner treats patient data confidentially and will only provide information regarding diagnosis, consultations, therapy, accompanying circumstances and the patient's personal circumstances with the patient's express consent. Written form may be waived if the information is provided in the patient's interest and it can be assumed that the patient would consent.
2. Paragraph 1 does not apply where the practitioner is legally obliged to disclose data – for example, mandatory reporting for certain diagnoses – or is obliged to provide information under 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 also does not apply where personal attacks against the practitioner or their professional conduct occur in connection with the consultation, diagnosis or therapy, and the practitioner can exonerate themselves through the use of accurate data or facts.
3. The practitioner keeps records of their services (working file). The patient has no right to inspect this working file and cannot demand its release. Paragraph 2 remains unaffected.
4. If the patient requests a treatment or medical record, the practitioner will prepare this from the working file, subject to costs and fees. Where the working file contains originals, these will be included in the treatment record in copy form. Copies will be marked to indicate that the originals are held in the working file.
1. In addition to the receipts described in § 4, the patient will receive an invoice on request after completion of the treatment phase; issuing this invoice is subject to a fee.
2. The invoice contains the patient's name and address, the treatment period, all types of services provided and the diagnosis. The applicable VAT rate is shown.
3. If the patient does not wish for the diagnosis or therapy to be specified on the invoice, they must inform the practitioner accordingly.
Disputes arising from the treatment contract and these Terms & Conditions should be resolved amicably. To this end, it is recommended that objections, differing opinions or complaints be submitted in writing to the other contracting party.
Should individual provisions of the treatment contract or these Terms & Conditions be or become invalid or void, the validity of the treatment contract as a whole shall remain unaffected. The invalid or void provision shall instead be replaced, through reasonable interpretation, by a provision that comes as close as possible to the purpose of the contract or the intent of the parties.