OVG Münster tips widespread practice in medical examination

In the oral-practical part of the medical examination, there must be practical tasks as a rule. The corresponding "prescriptive rule" of the licensing regulations for physicians is not only a mere possibility, as the Higher Administrative Court (OVG) of North Rhine-Westphalia in Münster decided in a decision announced on Friday, January 25, 2019 (Ref .: 14 A 2042 / 18). "As a rule, the 'target' means a 'must'," it says.

Thus, the OVG was a medical student of the University of Bonn right. He also failed the oral-practical part of the first part of the medical exam in the first attempt.

On the other hand, he went to court. The licensing regulations for doctors provide here that the candidates receive practical tasks before the actual examination, the completion of which is then discussed with the examiners. He did not get any practical tasks.

The university thought that the practical tasks were not compulsory. They are associated with a considerable organizational and human resources. Numerous other universities of several states did not make use of this "possibility".

But the practical tasks are formulated in the licensing regulations as a so-called target rule. As a rule, this is therefore legally binding for the authorities and obliges them to act in this way in principle, the OVG ruled.

Deviations are permitted only for "valid reasons" in individual cases. The additional organizational and personnel expenses are no such reason and therefore can not justify the omission of the practical examination tasks.

Therefore, the student is allowed to repeat his exam. According to the OVG in its order of 18 January 2019, "the concrete possibility exists that the claimant would have obtained a different result of the examination in compliance with the rule"