§ 1 Scope of the T&C
a) These Terms and Conditions govern the business relationship between the naturopath and the patient as a treatment contract within the meaning of §§ 611 et seq. of the German Civil Code (BGB), unless otherwise agreed in writing between the contracting parties.
b) The treatment contract is concluded when the patient accepts the general offer of the naturopath to practise medicine for anyone and approaches the naturopath for the purpose of consultation, diagnosis, or therapy.
c) However, the naturopath is entitled to refuse to conclude a treatment contract without giving reasons; in particular, if a necessary relationship of trust cannot be expected, if the complaints are outside the naturopath’s specialization or may not be treated for legal reasons, or if treatment could lead to a conflict of conscience. In such a case, the naturopath retains the right to remuneration for any services rendered up to the refusal, including consultations.
§ 2 Content and Purpose of the Treatment Contract
The naturopath provides services to the patient by applying his or her knowledge and skills in the practice of medicine for consultation, diagnosis, and therapy. The methods used are generally not recognised by conventional medicine and do not correspond to the current state of scientific knowledge. Such methods are generally not causally or functionally explainable and are therefore not goal-oriented. Consequently, no specific success of the method can be promised or guaranteed.
§ 3 Patient’s Cooperation
The patient is not obliged to actively participate. However, the naturopath is entitled to terminate the treatment if the necessary relationship of trust no longer appears to exist, in particular if the patient denies consultation content, provides false or incomplete information necessary for case history and diagnosis, or prevents therapeutic measures.
§ 4 Remuneration of the Naturopath
a) The naturopath is entitled to a fee for his or her services, which is agreed individually.
b) Fees are to be paid by the patient in cash to the naturopath against a receipt on each day of treatment. After completion of a course of treatment, the patient will receive an invoice upon request in accordance with § 7.
c) If the naturopath arranges third-party services which are not professionally supervised by him or her (e.g., laboratory services in accordance with items M III-IV, N of the GOÄ), the naturopath is entitled to charge the amounts invoiced by the third party as part of his or her own fee and to invoice the patient for these in the anticipated amount in accordance with paragraph b).
d) Appointment agreements are binding. Should the patient be unable to attend an appointment, they must cancel it at least one day (24 hours) in advance. If this does not occur, the naturopath is entitled to 50% of the agreed fee.
§ 5 Reimbursement of Fees by Third Parties
If the patient has, or believes to have, a claim for full or partial reimbursement of fees from third parties, § 4 remains unaffected.
§ 6 Confidentiality of Treatment
a) The naturopath treats patient data confidentially and only provides information regarding diagnosis, consultations, therapy, accompanying circumstances, and the patient’s personal circumstances with the patient’s express written consent. The requirement for written consent may be waived if the information is provided in the patient’s interest and it can be assumed that the patient would consent.
b) Paragraph a) does not apply if the naturopath is legally obliged to disclose data – for example, in the case of mandatory reporting of certain diagnoses – or is obliged to provide information by official or court order. This also applies to information provided to persons with parental authority, but not to spouses, relatives, or other family members. Paragraph a) also does not apply if, in connection with consultation, diagnosis, or therapy, personal attacks are made against the naturopath or his/her professional practice, and he/she can defend him/herself using accurate data or facts.
c) The naturopath keeps records of his/her services (“treatment file”). The patient has no right to inspect this treatment file and cannot demand its release. Paragraph b) remains unaffected.
d) If the patient requests a treatment or medical record, the naturopath will prepare this from the treatment file for a fee. If the treatment file contains original documents, these will be attached as copies to the medical record. The copies will bear a note (stamp or label) stating that the originals are held in the treatment file.
e) Treatment files are destroyed by the naturopath 30 years after the last treatment or 10 years after the patient’s death. Destruction will not occur if there is reason to believe that the files may be needed for evidentiary purposes.
§ 7 Invoicing
a) In addition to receipts issued in accordance with § 4, the patient will receive an invoice upon request after completion of the treatment phase, the issuance of which is subject to a fee. The invoice will include the name and address of the naturopath, the name and address of the patient, and, upon request, the patient’s date of birth. It will specify the treatment period, the fees paid, and any third-party or ancillary services. The applicable VAT rate must be shown for all services. The invoice must not contain a diagnosis or list the services in such detail that a diagnosis could be inferred.
b) If the patient, for evidentiary or reimbursement purposes, requests an invoice that includes a diagnosis or therapy details from which a diagnosis can be inferred, this requires written authorisation from the patient and prior instruction about the breach of confidentiality.
§ 8 Disputes
Disputes arising from the treatment contract and these T&C should be settled amicably. For this purpose, it is recommended to present objections, differing opinions, or complaints in writing to the other contracting party.
§ 9 Severability Clause
Should individual provisions of the treatment contract or these T&C be invalid or void, the validity of the treatment contract as a whole shall not be affected. The invalid or void provision shall instead be replaced, by way of interpretation, with a provision that most closely reflects the purpose of the contract and the intention of the parties.