Psychotherapist Legislation

With the Psychotherapist Law (PsychThG), the profession of psychological psychotherapist and child and youth psychotherapist gained a completely new, legally regulated significance as early as almost 20 years ago. As obligatory members of a healthcare profession chamber, professionals are subject to a uniform professional law specific to their own profession (professional law of the healthcare professions). Furthermore, equality has been established between doctors and dentists as service providers in the statutory health insurance system (SHI-physician legislation).

In “status matters” (admissions committee/appointment committee), we are mainly involved in successor approval procedures (practice buying/selling), the so-called “job sharing” (in joint practice/professional association or in an employment relationship) and in special requirement approvals. We support psychotherapists with the establishment of ambulatory healthcare centres, with procedures governing employment authorisation or with the conversion of employment into licences. In addition to questions concerning admission legislation, we prepare the necessary contracts in each case and negotiate these with the contractual parties as a matter of course.

Furthermore, we represent and advise training facilities for psychotherapists and out-patient clinics at university institutes for psychology throughout Germany in connection with the authorisation (§117 SGB V) and the remuneration negotiations with the health insurance funds.

In disputes with the regional health insurance companies, problems as regards the receipt of remuneration decisions, billing permission, medical register entries and plausibility checks constitute a key part of our work on a national scale. We continually strive to enforce the reasonable amount of remuneration per time unit (§ 87b paragraph 2, p.4 SGB V), as already required by law. Despite the decision by the Federal Social Court (of Germany) on the minimum point value for psychotherapeutic services in the year 1999, the authorised remuneration claims by psychotherapists had to and still must be enforced in court time and again; we have been involved in this for 20 years (!) in Germany on behalf of professional associations and individual plaintiffs.

As a legal advisor to the Federal Chamber of Psychotherapists, lawyer Prof Dr Stellpflug fights tirelessly for the concerns of psychological psychotherapists and child and youth psychotherapists along with the strengthening of of this profession at federal level. We also advise and represent State Chambers of Psychotherapists with the aim of realising their interests at state level. In order to avoid a conflict of interests, we do not represent psychotherapists in disputes with their respective chamber.