60 years of the Basic Law: No uniform medical regulations
=" img alt " images / a3815917efb1f39f873495cdefd9e4b7.png ">After the experience of the Nazi dictatorship, there was no majority for nationwide health system. The Federal Constitution's competences in this area have been restricted to the indispensable minimum. Two days before the final vote on the Basic Law, on May 6, 1949, the Parliamentary Council made final, but not very promising, motion to include medical self-administration in the priority legislation of the federal government. The proposal came from Hans-Christoph Seebohm (1903 to 1967) in the ninth session of the plenum. Seebohm was delegate of the Lower State Parliament in the Parliamentary Council, member of the German Party and from 1949 to 1966 Federal Minister of Transport. In my experience, which I also had the opportunity to gain as the health minister of my country, it is absolutely right not to regulate the provision on the right of doctors, dentists etc. to self-govern at the state level, but to provide for federal framework legislation. And Seebohm went on: I would therefore like to ask you in the interests of the medical profession, which is the only way to restore your medical regulations, which you have worked out over decades and which has only been defaced in the past by compulsory regulations, give the medical profession the opportunity to exercise their right of self-administration within the framework of such federal law and to come together again to form uniform doctor's regulation, etc. There was no longer any discussion of this proposal. With show of hands, the majority of the delegates, under the leadership of Konrad Adenauer, spoke out against federal regulation of medical self-administration. The Basic Law, which was promulgated on May 23, 1949 and was strongly influenced by federalism, restricted the priority legislation of the federal government in the health sector to measures against publicly dangerous and communicable diseases in humans and animals, admission to medical and other medical professions and the medical trade, the trade in medicines, healing - and narcotics and poisons. It was only in the context of its responsibility for social insurance that it became the responsibility of the federal government to ensure uniform regulation of statutory health insurance physicians. Presumably, Ludwig Sievers, President of the Lower Medical Chamber, who was also the chairman of the Association of Statutory Health Insurance Physicians at the federal level, was involved in Seebohm's application in the background.The application also corresponded to resolution that the first post-war doctor's day in Stuttgart on 16./17. Adopted October 1948: The 51st German Doctors' Day calls for uniform German Doctors' Ordinance, which incorporates the essential provisions of the Reich Doctors' Ordinance. He asked the future West German government to draw up guidelines that are authoritative for the legislation of the individual countries.
The Basic Law under the black-red-gold standard. On May 23, 1949, the Parliamentary Council meets for the last time for solemn signing. Photo: dpa
Konrad Adenauer , the President of the Parliamentary Council, puts his name under the Basic Law. Photo: dpa