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OVG Münster tilts widespread practice in medical testing


The oral-practical part of the medical examination generally has to have practical tasks. The corresponding "target regulation" of the license to practice medicine is not only a pure possibility, as the Higher Administrative Court (OVG) North Rhine-Westphalia in Münster decided in a decision announced on Friday, January 25, 2019 (file number: 14 A 2042 / 18). "As a rule, the" target "means a" must ", it says there.

The OVG was right for a medical student at the University of Bonn. Even in the first retry, he had failed the oral-practical part of the first section of the medical examination.

In contrast, he went to court. The license to practice medicine for doctors stipulates that the test subjects are given practical tasks before the actual examination, the completion of which is then discussed with the examiners. But he had no practical tasks.

The university said that the practical tasks were not mandatory. They are associated with considerable organizational and personnel expenses. Numerous other universities in several federal states therefore made no use of this “possibility”.

But the practical tasks are formulated in the license as a so-called target regulation. This was therefore "as a rule legally mandatory for the authority and obliged it to do this in principle", the OVG decided.

Deviations are only allowed for "valid reasons" in individual cases. The additional organizational and personnel expenses are not such a reason and therefore cannot justify the omission of the practical examination tasks.

Therefore, the student can now repeat his exam. There is "the concrete possibility that the plaintiff would have achieved a different test result if the test had been carried out in compliance with the regulation", said the OVG in its decision of January 18, 2019. mwo / fle

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