Blindness does not automatically mean an end as an alternative practitioner. However, certain requirements must be met.
The applicant in the current case is completely blind. After successfully passing the alternative practitioner knowledge test, she wanted to be granted an alternative practitioner license with the restriction to activities that she can carry out independently without her own visual perception. Her application was rejected on the grounds that she was unsuitable for health due to her blindness. She brought an action against this.
The court subsequently ordered the defendant to re-assess the applicant's application. He had to take as a basis that she could be allowed to work, provided that she demonstrated in addition to the general knowledge test she had already passed, that she was aware of the limits resulting from her blindness and increased duty of care for her work.
According to the regulations of the alternative practitioner law, there is a legal claim to the granting of the license if no reason for refusal intervenes under the implementing regulation to the alternative practitioner law. The plaintiff's blindness does not constitute grounds for refusal within the meaning of the statutory provisions, the court said. (Federal Administrative Court, Az: BVerwG 3 C 26.11)