10/08/2021
Control medicine is conducted by a control physician on behalf of an employer to determine if an employee is unfit for work due to illness or accident. Practitioners must be authorized and have five years of experience as a general practitioner or similar role.
A physician cannot simultaneously serve as a control physician and a prevention advisor-occupational physician for the same company. Each assignment requires a declaration of independence, ensuring impartiality towards both employer and employee. He cannot be the physician who provided the medical certificate. The model of this declaration is included in the annex of the royal decree of June 1, 2021, on the appointment of control physicians and arbitrator physicians, and the complaints procedure.
An arbitrator physician resolves medical disputes between employee and control physician as per Article 31 of the Employment Contracts Act of July 3, 1978. They must remain independent and not be the physician who provided the employee's medical certificate or the control physician who examined the employee. He can also not be the prevention advisor-occupational physician of the company.
As of August 1, 2021, provincial councils of the Order of Physicians maintain the list of arbitrator physicians and handle complaints against control physicians or arbitrator physicians regarding control follow-up, in addition to their disciplinary authority.
List of Arbitrator Physicians - Registration Request
Applications for listing as an arbitrator physician should be addressed to the provincial council president, accompanied by:
- Proof of at least five years of general practice or equivalent.
- A declaration of independence.
- An inventory of all medical practices and their locations.
- The geographical area for arbitration medicine practice.
A decision is made within three months.
List of Arbitrator Physicians - Validity of Registration
Registration is for a renewable five-year term. If conditions are no longer met, the Order of Physicians can remove or suspend the physician from the list. Complaints can lead to removal or suspension for a specific period.
Publication of the List
The list is available on the Ordomedic website under "find a physician."
Complaint Against a Control Physician or Arbitrator Physician
Provincial councils handle complaints regarding the organization, competence, independence, or professional misconduct of control or arbitrator physicians. Complaints should be submitted in writing to the provincial council president via email or post.
Legislation
- Royal Decree No. 79 of November 10, 1967, on the Order of Physicians.
- Royal Decree of February 6, 1970, on the organization and operation of the councils of the Order of Physicians.
- Article 31 of the Employment Contracts Act of July 3, 1978.
- Act of June 13, 1999, on control medicine.
- Royal Decree of June 1, 2021, on the appointment of control physicians and arbitrator physicians, and the complaints procedure, including annexed declaration models.