How do you explain the Hessian law

Child Health Protection Act

14 December 2007
(GVBl. I 2007, 856; 07.09.2012 p. 27512)
Gl.-No .: 351-80


§ 1 Mandatory early diagnosis examinations12

(1) In order to improve preventive health care, all children living in Hesse must take part in the early diagnosis examinations U 1 to U 9 according to letter B of the guidelines of the Federal Committee of Doctors and Health Insurance Funds on the early diagnosis examinations of diseases in children up to the age of 6. Age (children's guidelines) in the version of April 26, 1976 (Appendix No. 28 to BAnz. No. 214 of November 11, 1976), last amended on December 16, 2010 (BAnz. No. 40 of March 11, 2011 ), binding in the currently valid version. The legal guardians must ensure participation in the examinations.

(2) The regulations governing the entitlement of insured children to the performance of early detection examinations in accordance with Section 26 Paragraphs 1 and 2 of Book Five of the Social Security Code of December 20, 1988 (Federal Law Gazette I p. 2477, 2482), last amended by the law of July 21 2012 (Federal Law Gazette I p. 1613), in conjunction with Section 25, Paragraph 4, Clause 2 of Book Five of the Social Security Code and Annex 2 of the Children's Guidelines, as well as the provisions of Section 2 of the Genetic Diagnostics Act of July 31, 2009 applicable to these examinations ( BGBl. I p. 2529, 3672) remain unaffected. In addition, further early detection examinations for treatable metabolic and hormonal diseases can be offered to legal guardians. The advisory board according to Section 3 (6) determines the scope of these additional early diagnosis examinations.

§ 2 Participation in recommended vaccinations12

Legal guardians of a child who visits community facilities within the meaning of Section 33 of the Infection Protection Act of July 20, 2000 (Federal Law Gazette I p. 1045), last amended by the law of July 28, 2011 (Federal Law Gazette I p. 1622), have before Admission to the facility to prove by presenting a medical certificate that the child has received all publicly recommended vaccinations appropriate to his or her age and state of health, or to declare in writing that you will not give consent to certain vaccinations.

§ 3 Hessian Child Care Center12

(1) Immediately after the expiry of the period provided for the respective early detection examination in accordance with Section 1, Paragraph 1 of the Children's Guidelines, the Hessian Child Care Center determines which children have not participated in the examinations provided after they have reached the age of two months, and requests them Legal guardians to ensure participation within a reasonable period of time. It can repeat the request. If the request is not followed, the Hessian Child Care Center will immediately inform the responsible youth welfare office.

(2) The Hessian Child Care Center carries out the laboratory tests in accordance with Section 1 (2) and works towards participation by informing the legal guardians. The responsibility and the tasks of the responsible sender according to § 7 of Appendix 2 of the Children's Guidelines remain unaffected)

(3) In the case of examinations in accordance with Section 1 (2), the Hessian Child Care Center advises the responsible senders and, if requested, the legal guardians of children with abnormal findings on medical issues, and in particular works towards the implementation of a suitable diagnostic examination or the initiation of therapy.

(4) The Hessian Child Care Center ensures the quality of the examinations in accordance with Section 1 (2) and scientifically researches their effects on the health of the population.

(5) The head of the Hessian Child Care Center can only be a doctor. In order to carry out the laboratory tests, the requirements according to Section 12 of Appendix 2 of the Children's Guidelines must be met and approval according to Section 11 of the Appendix to the Children's Guidelines must be available.

(6) An advisory board will be set up at the Hessian Child Care Center, consisting of one representative each from the pediatric centers of the Hessian university clinics, the professional association of paediatricians, the Hessian data protection officer, the Hessian youth welfare offices and the ministry responsible for public health care consists. Taking into account the legal competencies and tasks of the Hessian Child Care Center, the advisory board works to ensure that it properly fulfills its tasks. In agreement with the Hessian Child Care Center, it lays down principles for the scope of the examination and the handling of data and examination material. If no agreement can be reached, the ministry responsible for public health care decides.

(7) The minister responsible for public health care appoints a public body as the Hessian child care center by ordinance in agreement with the minister responsible for higher education.

(8) For additional expenses incurred by the municipalities through the transmission of the registration data to the Hessian Child Care Center according to § 18a of the Registration Data Transfer Ordinance of 6 July 2006 (GVBl. I p. 427), amended by the law of 14 December 2007 (GVBl. I p . 856), they will receive a corresponding compensation within the framework of the municipal financial equalization scheme.

§ 4 notifications12