Professional qualification drug detoxification
March 15, 2011 | 100,00 EUR | answered by Dr. Dr. Danjel-Philippe Newerla
We are a company that offers a procedure for the easy, fast, and gentle detoxification of drug addicts (alcohol, heroin, methadone, cocaine, etc.). We call the procedure NESdetox today, with NES standing for Neuro-Electrical-Stimulation. NESdetox is an advancement of acupuncture, known for millennia. Instead of using needles, we use a device that emits special impulses powered by a button battery for NESdetox. We use a specially designed device for drug detoxification. The impulses are transmitted from the device to the adhesive electrodes behind the patient's ears through thin cables. Stimulation encourages the body's production of neurotransmitters, significantly reducing withdrawal symptoms. This makes it much easier for addicts to quit from one day to the next.
We offer 5-day detox seminars, typically held in special seminar houses/hotels throughout Germany. The seminars are currently conducted by an addiction specialist along with a therapist. We charge patients €1980 including VAT.
More information can be found on our website www.drogen-frei.com.
We have a few legal questions that we would like to clarify with you.
Naturally, there may be complications during detoxification with drug addicts (collapse, collapse, death). What do we need to do (exclusion criteria in terms and conditions, duty of care, etc.) to ensure that we and our doctors are protected?
What qualifications are required for personnel in NESdetox therapy? Is a (psycho-)therapist sufficient, or is a doctor required, specifically an addiction specialist?
Who is allowed to do what? Specifically, can a trained employee/therapist trained by Dr. Keppler apply the NESdetox device, administer medication prescribed by a doctor, etc.?
The location of the seminars today are seminar hotels or facilities. What is the legal situation if we hold detoxification seminars in a hotel under medical supervision? Are our doctors allowed to hold seminars at other locations in Germany/the EU, other than the practice location? Does it matter if the location is in Germany or abroad?
Thank you.
Dear inquirer,
Thank you for your inquiry. I would like to answer the following questions:
1. What do we need to do (terms and conditions exclusion criteria, duty of care, etc.) to ensure that we and our doctors are protected?
There are several points to consider here. As you rightly pointed out, a distinction must be made between the operator (you) and the doctors, especially in terms of duty of care. You are generally responsible for the general civil duty of care, while doctors also have professional duty of care. It is important to note that you are liable for the doctors' negligence under § 278 BGB (so-called agent) as well as your own negligence, so it is advisable to include a liability limitation in the general terms and conditions.
Since this forum primarily serves as an initial consultation, I cannot provide specific formulations for general terms and conditions of this nature at this point. However, I would be happy to assist you in reviewing/creating terms and conditions for your project. In the event of further engagement, I would credit you the initial consultation fee paid in this forum. If you are interested, please feel free to contact me at the email address provided below.
In general terms and conditions, the focus will be on limiting your liability for your own behavior and the doctors' negligence attributable to you under § 278 BGB as much as possible.
For example, a general disclaimer of liability is not permissible under the law, as liability for intent and gross negligence (both for yourself and for the doctors as agents) cannot be effectively excluded. Similarly, liability under the Product Liability Act cannot be easily excluded. In your case, it would be necessary to examine to what extent your project falls under this law.
2. What qualifications does the staff need for NESdetox therapy?
This cannot be conclusively evaluated in an initial consultation, as the entire concept and individual treatment steps would need to be known in detail. Such an assessment can only be carried out through comprehensive consultation in a contractual relationship.
At this point, it can be said that at least the qualifications required for conventional drug therapies (methadone dispensing, etc.) must be present, particularly qualified doctors and staff.
3. Is a (psycho-)therapist sufficient, or is a doctor required? Must it be an addiction specialist? Who can do what? Specifically, can a trained employee/therapist trained by Dr. Keppler apply the NESdetox device, administer medication prescribed by the doctor to the patient, etc.?
I have already answered this question for you. Without knowing the exact procedure, a conclusive assessment cannot be made at this point.
Issues may arise, for example, with medication administration. In principle, only a doctor or the patient with the doctor's specific instructions may administer medication.
Administering medication requires a certain level of expertise and must be demonstrated. This is the case, for example, with a nurse or a doctor. However, since it is not clear what qualifications the employee/therapist you intend to use has, a conclusive answer cannot be provided at this point.
4. Today, seminars are held in seminar hotels or facilities. What is the legal situation if we conduct detox seminars under medical supervision in a hotel?
If you mean that the treatments/sessions are to be performed directly in the hotel, there may be issues.
These are, in a broad sense, medical treatments that should generally be carried out in a suitable and hygienic environment.
However, this issue could potentially be addressed by applying for authorization for outpatient treatment.
5. Can our doctors also hold seminars in other locations in Germany/the EU, other than at the practice location?
Assuming that the project complies with the requirements mentioned above and is carried out by qualified personnel, practice can be conducted outside the practice location as long as the competent supervisory authority grants permission.
Whether such permission will be granted cannot be determined at this point, as this treatment method is largely new and not yet regulated by law, leading to legal uncertainties.
6. Does it matter whether the facility is in Germany or abroad?
Indeed, this does matter, and to provide a conclusive assessment, it would be necessary to know the country where the project will be carried out.
This is because legal requirements/laws vary from country to country, so an endeavor may be permissible in one country but not in another.
In conclusion, I strongly recommend engaging a local lawyer specializing in medical law to address and clarify the facts and legal situation thoroughly, particularly due to the international aspect and the fact that this is a new treatment method not yet regulated by law, necessitating a detailed examination before a judgment can be made.
I hope I have provided you with an initial legal orientation and wish you success and all the best!
Lastly, I would like to point out the following:
The legal information I have provided is based solely on the facts you have provided. My response is only an initial legal assessment of the situation and cannot replace a comprehensive review of the facts. Adding or omitting relevant information may result in a completely different legal assessment.
Wishing you a pleasant Tuesday afternoon!
Kind regards from the North Sea coast
Dipl.-Jur. Danjel-Philippe Newerla, Attorney
Stresemannstr. 46
27570 Bremerhaven
kanzlei.newerla@web.de
Fax.0471/140244
