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Admissibility of partnership companies between veterinarians and business economists
Admissibility of partnership companies between veterinarians and business economists 768 1024Sven Jan Arndt
Of:
BGH decision II ZB 6/21 of 15 February 2022

Thebackground:
Veterinarian Susanne Arndt ran three small animal practices in the Karlsruhe area in the usual legal form for freelancers - the one-man company. As the business grew, she wanted to convert it into a limited liability company (GmbH). However, the transformation law requires a registered legal form for this (even if it is only a registered merchant). However, the latter is not possible for a freelancer, as he is not a merchant. Ergo, the only way was to found a partnership company consisting of freelancers (in this case: a veterinarian and a business economist). The partnership was founded and registered by the Mannheim District Court.

The case:
The Baden-Württemberg Chamber of Veterinary Surgeons applied for the deletion of this company on the basis of § 21a BO, as according to its professional regulations a partnership company is only possible among veterinarians. Parodoxically, at the same time it pointed out to the two partners that they could implement their plan in the form of a limited liability company!

The decision of the BGH of 15.02.2022 - II ZB 6/21 - OLG Karlsruhe / AG Mannheim:
"A partnership between a veterinarian and a business economist is permissible under the Heilberufekammergesetz of the state of Baden-Württemberg."

The BGH's reasons:

The professional code of conduct of the LTK BW is not a formal state law, which is why the BGH was able to decide without consulting the BVerfG.

§21a BO violates the precedence of §30a para. 1 sentence 2 of the Baden-Württemberg Chamber of Health Professions Act (hereinafter: HBKG BW), according to which veterinarians can run a practice together with persons who belong to a state training profession in the health sector, a natural science profession or a social education profession, pursuant to §2 para. 1 no. 3 HBKG BW.

The interprofessional associations of chamber members permitted by the HBKG BW cannot be restricted by the statutes of the chambers.

Accordingly, there are also no public welfare concerns that preclude interprofessional cooperation with a business economist (inter alia because of Art. 12 para. 1 GG - free exercise of profession, but also §30a HBKG BW is not to be understood conclusively).

Such cooperation is also not contrary to the purpose of the HBKG BW, because "the definition of the permitted forms of professional practice is intended to ensure that compliance with professional duties can be enforced in all legal forms of health professional activities".

At this point, however, the reasons for the judgement become exciting, because it goes on to say:

"The legislator wanted to exclude commercial activities as a health professional. Commercial activities are carried out by commercial partnerships and legal persons, but not by members of the liberal professions... to which a business economist... belongs. It is only for the health professional activity in legal entities that the legislator has therefore established detailed requirements in § 30a, para. 2 HBKG BW in order to exclude a commercial health professional activity."

And that is particularly exciting if you take a closer look at this paragraph:

§ 30a (2) HBKG BW:
The health professional activity for a legal person under private law requires that

  1. The object of the company is the exclusive performance of health care activities,

2. all shareholders are persons pursuant to paragraph 1 sentence 2,

3. the majority of the shares in the company and the voting rights are held by members of the Chamber pursuant to § 2 paragraph 1 numbers 1 to 3 or number 5 and shares in the company are not held for the account of third parties,

4. at least half of the persons authorised to manage the business are members of the Chamber pursuant to § 2 paragraph 1 numbers 1 to 3 or number 5,

5. a third party does not participate in the profits of the company,

6. there is sufficient professional liability insurance for the legal entity under private law and the professionals working there, and

7. it is ensured that the health professional activity is carried out by the members of the Chamber in accordance with § 2 paragraph 1 numbers 1 to 3 or number 5 on their own responsibility, independently and non-commercially.

Further details are regulated by the respective professional code of conduct."

If one now follows this passage of the HBKG BW, to which the BGH explicitly refers - what does this mean for chains like Evidensia or Anicura in Baden-Württemberg? Wouldn't the State Veterinary Chamber of Baden-Württemberg have to intervene immediately and ban them?

The BGH's comments on the veterinarian's duty of confidentiality are also extremely interesting:

"Finally, a veterinary surgeon (§ 2 para. 1 no. 3 HBKG BW) - unlike the members of the chamber further covered by § 30a para. 1 sentence 2 ... has no right to refuse to testify pursuant to § 53 para. 1 no. 3 StPO. In contrast to the other members of the chamber ... a veterinary surgeon does not have a special relationship of trust with his client, which includes and requires the protection of confidentiality interests worthy of protection (cf. BVerfGE 38, 312, 323 f.)."

Conclusion from our point of view:

  • Not everything that state veterinary associations write in their professional regulations is sacrosanct.
  • With the clear reference to § 30a para. 2 HBKG BW, the State Veterinary Chamber of Baden-Württemberg has been given a clear mandate to check the chains operated by financial investors here and to intervene accordingly.
  • We are curious to see whether this will happen and thus ensure legal certainty!
Zlig articles at Just4Vets
Zlig articles at Just4Vets 594 839Sven Jan Arndt
Of:

We are pleased to have been able to publish our experiences with the innovative cruciate ligament surgery method for dogs & cats - Zlig at Just4Vets - please click on the photo for the full Zlig article:

Zlig at Just4Vets
doc4pets launches trainee programme for veterinarians
doc4pets launches trainee programme for veterinarians 150 150Sven Jan Arndt
Of:
some of our vets

Probably the first and only trainee programme for veterinarians in German small animal medicine starts this August at doc4pets.

It is now possible to start training as a specialist veterinarian for small animals and pets at the same time as being trained in business administration and law, so that you can later take over your own practice as a manager and potential partner.

While starting a career as a trainee has established itself as an attractive alternative for potential managers in the commercial and engineering sectors, a comparable concept for veterinarians does not yet exist. FTÄ Doreen Succow on the concept: "We have developed an ATF-recognised training concept for our future managers based on the training requirements for veterinarians of the LTK Baden-Württemberg. And Co-CEO Dipl.-Ök. Sven Jan Arndt, LL.M. adds: "In addition to medical know-how, our trainees are also given the business management tools to run their own practice. From the practice for the practice.

Such a trainee programme offers many advantages - in addition to insights into different specialist areas and branches, intensive and structured support is provided by FTÄ Succow, Head of Training/Best Practice, who has been explicitly delegated for this purpose. In this way, a network of future managers is created in the group, who remain in lively professional exchange - synergies at their best.

In addition, a 4-day week in full-time, no 24-hour services, bonus programmes based on BPT also allow sufficient freedom for a good work-life balance.

More information about the concept and the application: https://doc4pets.de/trainee

About us:

doc4pets GmbH is an owner-managed group of five small animal practices in the southwest of Germany. With its innovative and disruptive approach to veterinary succession, it offers the veterinarian willing to hand over a practice succession with qualified senior doctors from the doc4pets family. The latter, in turn, have the opportunity to participate in the acquired practice and later take over the majority. The focus is on the idea of the highly qualified freelancer, who is supported by the group in purchasing as well as marketing, accounting, etc.. This allows him to concentrate fully on his patients.

Due to continuous growth, doc4pets is always looking for veterinarians in small animal medicine who want to develop further in the future as an expert in the small animal centre or as a successor to a veterinary practice. You can find out more about the concept at: https://www.doc4pets.de/trainee

FTÄ Doreen Succow
Advanced training course series with ATF recognition starts
Advanced training course series with ATF recognition starts 1024 768Sven Jan Arndt
Of:

We are pleased to offer our first ATF-recognised training series. This is a first compact block, which will be offered every Tuesday evening from 03.08.2021 under the direction of Ms Doreen Succow, a specialist veterinarian.

More information with a comprehensive course description can be found at: Training with ATF

This first ATF course runs from 03.08.2021 to 18.01.2022 and its content is based on the further training to become a specialist veterinarian for small and domestic animals of the LTK Baden-Württemberg. The course can only be booked as a whole and offers 61 ATF hours of recognition upon successful participation (22 of the 25 dates must be attended for recognition).

Of course, it is suitable for both beginning assistants and advanced veterinarians.

When designing this ATF training, it was important to Ms. FTÄ Succow to ensure both a high theoretical level and practical implementation.

This is a face-to-face event that will take place at the Kleintierzentrum Arndt, Bergwaldstr. 30, 76227 Karlsruhe. Snacks and drinks will be provided.

Further training authorisation to become a specialist veterinarian for small animals and pets
Further training authorisation to become a specialist veterinarian for small animals and pets 150 150Sven Jan Arndt
Of:
Further training authorisation for FTA

doc4pets is pleased to announce that its small animal centre Arndt in Karlsruhe-Durlach has now also been granted further training authorisation as a specialist veterinarian for small and companion animals under the direction of Ms FTA Doreen Succow.

This makes it possible to offer young colleagues a further perspective of professional qualification in our group. Further steps within the framework of our doc4pets academy are planned and will follow soon.

Dr.Anke Essig & TÄ Anna Daum
doc4pets takes over the veterinary practice of Dr.med.vet. Anke Essig in Malsch near Ettlingen
doc4pets takes over the veterinary practice of Dr.med.vet. Anke Essig in Malsch near Ettlingen 922 700Sven Jan Arndt
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With effect from 01.03.2021, the doc4pets Group will take over the small animal practice of Dr. Anke Essig. Mrs. Essig has built up this practice with three assistant veterinarians as a mixed practice - small animal and horse practice over 20 years ago with a lot of passion and commitment. Dr. Anke Essig on the takeover: "Unfortunately, there was no internal company succession, so we approached doc4pets. Within a very short time, a due diligence was carried out and an appropriate agreement was reached. Thus, my practice did not have to close its doors in January and my life's work will continue."

Veterinarian Susanne Arndt, managing partner of doc4pets GmbH: "When we were approached and then saw the practice for the first time, it was love at first sight. We are very pleased that we can ensure a quick and good practice succession with flexibility on both sides."

Anna Daum, veterinarian, with two assistant veterinarians and the corresponding team of veterinary assistants, will offer the patient owners from Malsch, Gaggenau, Ettlingen, Rastatt and Baden-Baden the high quality of veterinary services to which Dr. Essig is accustomed and will continue to expand them. For the area of horses we are still looking for a motivated equine practitioner in employment or as a self-employed partner. For more information about the new doc4pets family member, please visit: https://tierarzt-malsch.de.

About doc4pets:

doc4pets GmbH is an owner-managed group of now five small animal practices in the southwest of Germany. With its innovative and disruptive approach to veterinary succession, it offers the veterinarian willing to hand over a practice succession with qualified senior doctors from the doc4pets family. The latter, in turn, have the opportunity to participate in the acquired practice and later take over the majority. The focus is on the idea of the highly qualified freelancer, who is supported by the group in purchasing as well as marketing, accounting, etc.. Thus, he can fully concentrate on his small patients.

Due to constant growth, doc4pets is always on the lookout for veterinarians for small animal medicine/horse medicine. The job offers are aimed both at initial assistants, who are accompanied in the context of a mentoring program on your future path in the job. But also senior physicians for small animals are offered exciting job offers and clear career perspectives. It is possible, for example, to take on more than just a job as managing director of one of the branches, but to assume responsibility for staff and business success yourself. Alternatively, qualified senior doctors also have the opportunity to specialise further as a manager in a larger small animal centre and to set up and expand their own business areas. You can find out more about the concept at: https://www.doc4pets.de

doc4pets Academy starts
doc4pets Academy starts 1024 834Sven Jan Arndt
Of:

doc4pets has decided to offer essential training courses with excellent lecturers in our own practices. This is mainly for the following reasons:

  • logistically easier to handle for all employees (no overnight stays or long journeys)
  • learning in familiar surroundings with existing material
  • smaller learning groups, which also work together later
  • acute topic loss - focused on the wishes of our veterinarians

Today, Dr. Michael Koch started with our surgeons in the area of osteosynthesis (bone surgery):

Dr. Michael Koch with his protégés

Dr. Michael Koch is a recognized and well-known surgeon, who is known from many prestigious continuing education events.

We at doc4pets want to expand this very practice-oriented series of training courses with experts from other departments.

In addition, our veterinarians have the possibility to Vetinaries to attend continuously also webinars / online courses with ATF hours.

Improve International is another training partner where senior physicians and potential managers are given the opportunity to obtain an internationally recognized degree as e.g. general practitioner.

This, in combination with our in-house mentoring, is intended to ensure not only on-the-job learning but also the professional advancement of each individual member of our veterinary profession in his or her field of interest in the long term, which ultimately also benefits our young patients.

Experienced speakers who would like to visit us in Karlsruhe are welcome to contact Mr. Sven Jan Arndt.

doc4pets launches My.pet
doc4pets launches My.pet 1024 603Sven Jan Arndt
Of:

"As veterinarians, we experience it again and again that patient owners come to us with their animals in an emergency and in the excitement have forgotten all documents about the animal. This is humanly understandable. But with chronically ill animals it is often difficult in this situation to find out the pre-treatment or medication. We wanted and want to solve this problem with My.pet - of the digital animal health record among other things," says veterinarian Susanne Arndt.

Mein.pet is a digital patient file primarily for dogs and cats. By means of the microchip ID of the animal and the call name deposited with Tasso, every veterinarian can determine the pre-treatment, existing illnesses and the current medication in an emergency - even if found. This can save lives.

For the pet owner, the digital animal health record has the advantage that he has all the documents about his animal in one place and can access them at any time, even when mobile. They can easily obtain a second opinion or referrals to specialist veterinarians or veterinary clinics are thus made easier and faster.

"What has already proven to be excellent in the human sector is in our opinion also a useful addition in veterinary medicine" says Sven Jan Arndt, Managing Director of doc4pets.

Because we believe in the usefulness/necessity of such a digital animal health record as presented by Mein.pet, we make it available free of charge to both pet owners and veterinarians.

Mein.pet is operated by doc4pets GmbH from Karlsbad and is subject to the strict data protection regulations of Germany. For this reason, no personal data is requested during registration - only an email address is required to activate the service. The further anonymity of the individual patient file, which can only be accessed when logged in, is then under the control of the patient / pet owner himself, for example by blackening laboratory results, findings etc. at the appropriate places. But even without this measure the data securebecause the entire page SSL is encrypted.

Mein.pet explicitly does not offer any veterinary services - it only serves the central administration of data of patient owners!

About doc4pets GmbH:
doc4pets operates several owner-managed small animal practices in southwest Germany. We are independent of investors or chains and are pleased to be able to offer veterinary medicine at a high level with Herz & Verstand at extensive emergency times. You can find our small animal practices at the moment in:

doc4pets at the Deutsche Vet in Cologne 2019
doc4pets at the Deutsche Vet in Cologne 2019 372 104Sven Jan Arndt
Of:

Today we had the opportunity to give a short lecture on the subject of veterinary marketing in the Business Theater of Deutsche Vet.

We would like to thank you for the numerous participation and hope we could give you some ideas for even better and exciting marketing of your practice.

Maybe we'll see one or two of them on the London Vet in autumn.

If you would like to have the lecture in full length as a file, please mail to s.arndt@doc4pets.gmbh

doc4pets will be in Cologne on 08 June 2019 at the Deutsche Vet
doc4pets will be in Cologne on 08 June 2019 at the Deutsche Vet 372 104Sven Jan Arndt
Of:

On 08 June 2019 we will give a lecture between 15.00 and 15.50 in the Business Theater in the context of the Deutsche Vet:

https://www.deutschevet.com/businesstheater–workshops#/

Do good and talk about it - An ABC of modern veterinary marketing

What good is it for you if you are a good veterinarian but nobody knows about it ?
Marketing has been part of the classic tools of every company for decades. This was denied to freelancers for a long time for legal reasons. Since a long time this has changed. The prohibition of advertising became an advertising right for veterinarians. Use this right to point out your specialities, qualifications etc. This will not only help you achieve targeted growth in new customers, but also reactivate existing customers. In this lecture you learn which instruments are suitable for the different phases:
- legal basic conditions
- mark structure
- customer production
- customer connection
learning goals:
- recognizing the necessity of marketing for the veterinary practice
- analysis & structuring of (existing) marketing
- recognizing, what one should assign and what one should assign strange
Speaker

Sven Jan Arndt, CEO - doc4pets GmbH

We are available in the morning from 11 am and after the lecture for a personal meeting. We are looking forward to meeting you!