FEDERAL LEGISLATION FOR THE REPUBLIC OF AUSTRIA
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Date 2021 |
Issued March 24, 2021 |
part One |
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50th Federal Law: |
Professional Recognition Act Health 2020 |
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(NR: GP XXVII RV 644 AB 681 p. 85.BR: AB 10557 p. 923.) |
50th Federal Act amending the Physicians Act 1998, the Music Therapy Act, the Pharmacy Act, the Cardio Technician Act and the Paramedic Act (Professional Recognition Act Health 2020)
The National Council decided:
Table of Contents
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article 1 |
Amendment of the Physicians Act 1998 |
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Article 2 |
Amendment of the Music Therapy Act |
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Article 3 |
Amendment of the Pharmacy Act |
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Article 4 |
Amendment of the cardiac technician law |
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Article 5 |
Amendment of the Paramedic Act |
article 1
Amendment of the Physicians Act 1998
The Physicians Act 1998 (Doctors Act 1998), Federal Law Gazette I No. 169/1998, last amended by the Federal Law, Federal Law Gazette I No. 31/2021, is amended as follows:
1. In Section 5a, Paragraph 1, Item 2, the phrase “lit. b ” in brackets with the word sequence “ lit. d ” replaced.
2. In Section 37 (3), the first sentence of the final part does not contain the phrase “and foreign-language documents, if necessary, in a certified translation” .
Article 2
Amendment of the Music Therapy Act
The Federal Act on the Professional Practice of Music Therapy (Music Therapy Act – MuthG), Federal Law Gazette I No. 93/2008, last amended by the Federal Law, Federal Law Gazette I No. 105/2019, and the Federal Ministries Act 2020 amendment, Federal Law Gazette I No. 8 / 2020, will be changed as follows:
In Section 15 (2), no. 1 is omitted, and no. 2 and 3 are given the numbers “1.” and “2.” .
Article 3
Amendment of the Pharmacy Act
The Pharmacy Act, RGBl. No. 5/1907, last amended by the Federal Act, Federal Law Gazette I No. 16/2020, and the Federal Ministries Act 2020, Federal Law Gazette I No. 8/2020, is amended as follows:
Section 3g (5) reads:
“(5) The documents and certificates in accordance with Paragraph 3 Z 2 and 4 must not be more than three months old when they are presented. Information on details of insurance coverage can be requested from the service provider within the meaning of Paragraph 1. “
Article 4
Amendment of the cardiac technician law
The Cardio Technician Act (KTG), Federal Law Gazette I No. 96/1998, last amended by the Federal Law, Federal Law Gazette I No. 105/2019 and the Federal Ministries Act 2020, Federal Law Gazette I No. 8/2020, is amended as follows:
1. In the table of contents, the following line is inserted after the line “§ 11 … Proof of qualification – EEA” :
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Ҥ 11a |
EEA recognition – partial access “ |
2. After Section 11, the following Section 11a including the heading is inserted:
“EEA Recognition – Partial Access
§ 11a.
(1) The Federal Minister for Social Affairs, Health, Nursing and Consumer Protection has, on request, in individual cases persons who have acquired a qualification in a sub-area of the cardio-technical service in another EEA signatory state or the Swiss Confederation and can exercise in this state without restriction the professional activity are qualified to grant partial access to professional activity in the cardio-technical service if the following conditions are met:
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1. |
The differences between the lawfully exercised professional activity in the home Member State and the cardio-technical service according to this federal law are so great that the application of compensatory measures would be tantamount to requiring the applicant to complete the full training program in Austria in order to gain access to the entire cardio-technical service in Austria ; |
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2. |
the activities covered by the acquired qualification can be objectively separated from other activities covered by the cardio-technical service; |
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3rd |
there are no compelling reasons of public interest that stand in the way of partial access. |
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(2) Section 11 (2) to (13) shall apply.
(3) Persons who have been granted partial access in accordance with Paragraph 1
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1. |
to exercise their profession under the professional title of their home Member State and, if necessary, also under the German-language title specified in the recognition notification |
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2. |
to clearly inform patients and employers about the scope of their professional activities. “ |
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Article 5
Amendment of the Paramedic Act
The Paramedic Act (SanG), Federal Law Gazette I No. 30/2002, last amended by the Federal Law, Federal Law Gazette I No. 33/2020, is amended as follows:
1. In the table of contents, the following line is inserted after the line “§ 18 … Proof of qualification – EEA” :
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Ҥ 18a |
EEA recognition – partial access “ |
2. After § 18, the following § 18a including the heading is inserted:
“EEA Recognition – Partial Access
§ 18a.
(1) The Federal Minister of Social Affairs, Health, Nursing and Consumer Protection shall, upon request, in individual cases have persons who have acquired a qualification in a part of the paramedic in another EEA signatory state or the Swiss Confederation and in this state without restriction to exercise the professional activity are qualified to grant partial access to an activity as a paramedic if the following conditions are met:
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1. |
The differences between the lawfully exercised occupation in the home Member State and the occupation or activities of paramedic under this federal law are so great that the application of compensatory measures would be tantamount to requiring the applicant to complete the full training program in Austria in order to gain access to the entire profession or the entire activities of the paramedic in Austria; |
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2. |
the activities covered by the acquired qualification can be objectively separated from other activities covered by the occupational profile or field of activity of the paramedic; |
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3rd |
there are no compelling reasons of public interest that stand in the way of partial access. |
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(2) Section 18 (2) to (13) shall apply.
(3) Persons who have been granted partial access in accordance with Paragraph 1
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1. |
to exercise their profession or their activity under the professional title of their home member state and, if necessary, additionally under the German-language title specified in the recognition notification and |
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2. |
clearly inform the patients and the facilities according to § 23 about the scope of their authorization to work. “ |
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