2. Eu Vocational Recognition Act Health Professions 2016-2 Eu-Bag-Gb 2016

Original Language Title: 2. EU-Berufsanerkennungsgesetz Gesundheitsberufe 2016 – 2. EU-BAG-GB 2016

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

9. Federal Law, with which the Medical Law 1998, the Music Therapy Act, the Psychotherapy Act, the EEA Psychotherapy Act, the Psychologengesetz 2013, the EEA Psychologists Act, the Pharmacy Act, the Pharmacotherapy Law 2001, the The Act of Remuneration Law 2002, the Tierärztegesetz (Veterinary Act) and the Tierärztekammer Act (2. EU-Professional Qualification Act-Health Professals 2016-2. EU-BAG-GB 2016)

The National Council has decided:

table of contents

Article 1

Amendment of the Medical Act 1998

Article 2

Amendment of the Music Therapy Act

Article 3

Amendment of the Psychotherapy Act

Article 4

Amendment of the EEA Psychotherapist Act

Article 5

Amendment of the Psychologengesetz 2013

Article 6

Amendment of the EEA Psychologists Act

Article 7

Amendment of the pharmacy law

Article 8

Amendment of the Pharmacerkammergesetz 2001

Article 9

Amendment of the salary collection law 2002

Article 10

Amendment of the Tierärztegesetz

Article 11

Amendment of the Tierärztekammergesetz

Article 1

Amendment of the Medical Act 1998

The Doctors Act 1998 (Physicians ' Act 1998), BGBl. I n ° 169/1998, as last amended by the Federal Law BGBl. I n ° 90/2015, shall be amended as follows:

1. § 3a Z 1 and 2 are:

" 1.

Directive 2005 /36/EC on the recognition of professional qualifications, OJ L 327, 30.4.2005, p. No. 22, as last amended by Directive 2013 /55/EU, OJ L 255, 30.9.2013, p. No. 132, as amended by the corrigendum OJ L 327, 28.12.2013, p. No. OJ L 286, 15.10.2015, p.35,

2.

the Agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other part, on the free movement of persons, OJ No. OJ L 114 of 30.04.2002 p. 6, as last amended by Decision No 1/2015 of the Joint Committee, OJ L 114, 27.4.2002, p. No. OJ L 148/38 of 13.06.2015, "

2. According to § 3a Z 9, the following Z 10 and 11 are added:

" 10.

Implementing Regulation (EU) 2015/983 concerning the procedure for issuing the European professional card and the application of the pre-warning mechanism in accordance with Directive 2005 /36/EC, OJ L 73, 27.3.2005, p. No. OJ L 159/27 of 25.06.2015,

11.

Regulation (EU) No 1024/2012 on administrative cooperation with the assistance of the internal market information system and repealing Commission Decision 2008 /49/EC ("IMI Regulation") , OJ No. 1, as last amended by Directive 2014 /67/EU, OJ L 327, 28.11.2014, p. No. L 159, 28.5.2014 p. 11, "

3. § 4 (3a) the following sentence is added:

"Examinations of sufficient knowledge of the German language may not be carried out until after the recognition of the professional qualification."

4. In § 5 Z 3 lit. b becomes the expression "Article 27 (1) or (2)" by the expression "Article 27 (1), (2) or (2a)" replaced.

§ 13b Z 3 reads as follows:

" 3.

§ § 12, 12a, 13, 13a, 14, 15 para. 2, 3 and 5, 27 para. 11, 28, 30 para. 2, 35, 37, 39 para. 2 and 40 para. 7 "

6. § 27 (2) reads:

" (2) Persons intending to pursue the medical profession as a general practitioner, specialist or gymnastics doctor have before commencement of their medical activities at the Austrian Medical Association by way of the medical chambers in the federal states to register for registration in the list of doctors and to provide the necessary documents (proof of personal and educational qualifications and other documents) to prove the general and special requirements for the self-employed or self-employed To present the profession of medical profession in accordance with § 4. If necessary, these persons shall, at the request of the Austrian Medical Association, certify the evidence of formal qualifications issued by the competent authority of the Member State of origin, certifying that the evidence of formal qualifications submitted is the one in the Directive 2005 /36/EC as well as a certificate issued by the home Member State that the profession was not temporarily or definitively prohibited. § 28 shall apply to procedures for the recognition of EEA professional qualifications. The documents required for entry into the medical list shall be submitted, if necessary, in a certified translation, in the original or in certified copy and foreign-language documents. In addition, the registration for registration in the English language list is to be introduced in German. The employer must draw attention to this requirement prior to the admission of an independent exercise of the medical profession. "

7. § 27 (7) and (8).

8. In accordance with § 27, the following § 28 and heading is inserted:

" Recognition of EEA Professional Qualifications-Procedures-Single Contact

§ 28. (1) The applicant shall be subject to the Austrian Medical Association

1.

proof of nationality,

2.

proof of qualification, proof of professional qualifications in the country of origin and, where appropriate, proof of professional experience acquired,

3.

proof of the health suitability required for the fulfilment of the professional duties,

4.

proof of the degree of trustworthiness required for the fulfilment of the professional duties,

5.

a certificate issued by the home Member State that the profession has not been temporarily or definitively prohibited and that there are no criminal records; and

6.

proof of a delivery address

. Proof of proof according to Z 3 and 4 may not be older than three months. The applicant shall immediately notify the Authority of any change to the delivery address (Z 6).

(2) The application may also be made in electronic form via the single point of contact (Art. 57a Directive 2005 /36/EC) or the Austrian Medical Association (Austrian Medical Association). In case of reasonable doubt and as far as it is absolutely necessary, certified copies of the evidence may be required by the Austrian Medical Association.

(3) § 6 Services Act, BGBl. I No 100/2011, (procedure on the single point of contact) should be applied accordingly.

(4) The Austrian Medical Association shall, by means of the medical chambers in the Federal States, confirm the receipt of the documents within one month and inform them of the documents which are missing. The decision on recognition has

1.

in cases where automatic recognition is provided for pursuant to Directive 2005 /36/EC (§ 5), within three months, and

2.

in cases where there is no provision for automatic recognition pursuant to Directive 2005 /36/EC (Article 5a), within four months

take place at the single point of contact or at the Austrian Medical Association after the complete required documents have been received. In the event of a request pursuant to Section 27 (6), these periods shall be hammered up to that date in which the information provided by the requested foreign authority is received. In such a case, the proceedings shall be immediately after the request has been received or, if the information is not received within three months of the date of transmission of the request pursuant to Article 27 (6), the procedure shall be continued after three months. A request for the submission of certified copies in accordance with paragraph 2 shall not be deemed to be a request for the submission of missing documents.

(5) If there are reasonable doubts as to a certificate submitted by the tradesman, the Austrian Medical Association shall, if necessary, have a confirmation from the competent authorities of the home or country of origin of the certificate. the authenticity of the certificate issued and, where appropriate, a confirmation that the applicant complies with the minimum requirements for the appropriate training provided for in Articles 24, 25 or 28 of Directive 2005 /36/EC.

(6) The Austrian Medical Association shall, upon request, issue a confirmation to persons that their professional qualification is recognised in Austria. A processing fee according to § 13b may be charged for the issue of this certificate.

(7) Where it is established, within the framework of the procedure for the recognition of professional qualifications, that the applicant has used forged professional qualifications, the Austrian Medical Association shall have the competent authorities of the other Member States of the EU or of any other party to the EEA Agreement or of the Swiss Confederation by way of the EU Internal Market Information System (IMI) within three days of the date of the final decision of the ordinary Court of First Instance in accordance with the provisions of Article 56a of Directive 2005 /36/EC and to the implementing Regulation (EU) 2015/983. The applicant shall be informed in writing and may request a review of the lawfulness of the notification in a procedure to be carried out in a modest way. In the event of a review of the unlawfulness of the notification, the notification shall be rectified or withdrawn. "

9. § 30 together with headline reads:

" Pre-warning mechanism, information obligations and certificates

§ 30. (1) The Austrian Medical Association shall, within its sphere of action, have the competent authorities of the other Member States of the EU or of any other Contracting Party to the EEA Agreement or of the Swiss Confederation, at their request, the information required for the application of Directive 2005 /36/EC and Directive 2011 /24/EU by means of the Internal Market Information System (IMI) under Regulation (EU) No 1024/2012 on administrative cooperation with the aid of the Internal Market Information System and repealing Decision 2008 /49/EC Commission ("IMI Regulation") , OJ No. 1., on persons who are

1.

are, or have been, entered into the list of doctors in Austria, in particular the existence of disciplinary, administrative, administrative or judicial penalties or other serious measures which are threatened with legal punishment, exactly certain facts which could have an effect on the self-employed exercise of the medical profession, or

2.

in the case of Austria, pursue a medical profession and, in another Member State of the EU or of any other Contracting Party to the EEA Agreement, wish to provide medical services, on the legality of the exercise of the medical profession in Austria, as well as the fact that there are no occupational measures or situations in accordance with Z 1.

(2) The Austrian Medical Association shall have the competent authorities of the other Member States of the EU or of any other party to the EEA Agreement or of the Swiss Confederation concerning the erasure and the resignation of the entitlement to the Professional practice (§ 59 (1) Z 1, 2, 4 and 5), the temporary failure to exercise the profession (§ 61), the provisional failure to pursue the profession (§ 62) by means of the EU Internal Market Information System (IMI) within three days after the entry into force of the Final decision in accordance with the provisions of Article 56a of the Directive 2005 /36/EC and the Implementing Regulation (EU) 2015/983. If the decision has been taken by the Austrian Medical Association itself, the transfer shall take place within three days from the date of knowledge of the legal force. The professional staff must be informed in writing of this, which may request a review of the lawfulness of the notification in a procedure to be carried out in a modest way. If, in the context of the review, the unlawfulness of the notification is determined, the notification shall be corrected or withdrawn.

(3) The information referred to in paragraph 2 shall be limited to the following:

1.

the identity of the professional,

2.

of the profession concerned,

3.

information concerning the authority or the court which has taken the decision on limitation or subsatiation;

4.

the scope of limitation or subsatiation,

5.

Period of time in which the restriction or subsaiance applies.

(4) The Austrian Medical Association shall, upon request, issue a certificate to persons who are entered in the medical list to issue a certificate as to whether a final disciplinary penalty has been imposed on them within the scope of this Federal Act.

(5) The Austrian Medical Association may provide foreign authorities with information on pending proceedings which have not yet been completed and which have not yet been passed on to the medical profession.

(6) In the context of the application of Directive 2005 /36/EC, the Federal Minister of Health or the Austrian Medical Association shall have the competent authorities of the other Member States of the EU or of any other Contracting Party to the EEA Agreement, or cooperate with the Swiss Confederation, provide administrative assistance and provide the necessary information, while ensuring the confidentiality of the information exchanged, in particular through the Internal Market Information System (IMI) in the The meaning of the IMI Regulation, to be obtained and to be granted. "

10. § 37 (3) (2) to (4) and the following Z 5 is added:

" 2.

Certificate issued by the competent authority of the Member State of origin or the State of origin, that the service provider is legally established as a general practitioner or a specialist in the pursuit of the desired profession and that he/she is responsible for the exercise of the is not temporarily or permanently prohibited and there is no criminal record,

3.

Proof of professional qualifications,

4.

Proof of professional indemnity insurance in accordance with section 52d and

5.

Declaration on the knowledge of the German language which is necessary for the professional exercise. "

11. According to Article 37 (10), the following paragraph 10a is inserted:

" (10a) The Austrian Medical Association may, in the case of justified doubts, give priority to the competent authorities of the Member State of establishment, by means of the IMI, all the information concerning the legality of the establishment and the good management of the A service provider, as well as information on the lack of professional disciplinary or criminal sanctions. If the Austrian Medical Association decides to check the professional qualifications of the service provider, it may request information on the training courses of the service provider to the competent authorities of the Member State of establishment, in so far as this is necessary in order to assess whether there are significant differences likely to be detrimental to public health or safety. "

12. In § 117b (1) Z 18, after the phrase "Exhibition of required confirmations" the dash and the word order "as well as the procedure for the recognition of professional qualifications in accordance with § 28," .

13. § 204 Z 6 reads:

" 6.

the Medical Assistance Law, BGBl. I No 89/2012, "

14. § 235 shall be added to the following § 236, together with the heading:

" Final determination on Art. 1 of the Federal Law BGBl. I N ° 9/2016

§ 236. § 3a, Z 1, 2, 10 and 11, § 4 para. 3a, § 5 Z 3 lit. b, § 13b Z 3, § 27 para. 2, § 28, § 30, § 37 paragraph 3 Z 2, 4 and 5, § 37 paragraph 10a as well as § 117b paragraph 1 Z 18 in the version of the Federal Law BGBl. I n ° 9/2016 are at 18. Jänner 2016 in force. "

Article 2

Amendment of the Music Therapy Act

The Federal Act on the Performance of Music Therapy (Musiktherapiegesetz-MuthG), BGBl. No. 93/2008, as last amended by the Federal Law BGBl. I No 32/2014, shall be amended as follows:

1. In the table of contents, the line "§ 14 Musiktherapeutical Qualifications from the EEA" the phrase "-EEA recognition" and the following lines are inserted after this line :

" § 14a

EEA recognition - Procedure-Single Contact

Section 14b

Adaptation course

§ 14c

Aptitude Check

§ 14d

Assessment-Confirmation

§ 14e

EEA recognition-Partitional access "

2. § 3 Z 1 and 2 are:

" 1.

Directive 2005 /36/EC on the recognition of professional qualifications, OJ L 327, 30.4.2005, p. No. 22, as last amended by Directive 2013 /55/EU, OJ L 255, 30.9.2013, p. No. 132, as amended by the corrigendum OJ L 327, 28.12.2013, p. No. OJ L 286, 15.10.2015, p.35,

2.

the Agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other part, on the free movement of persons, OJ No. OJ L 114 of 30.04.2002 p. 6, as last amended by Decision No 1/2015 of the Joint Committee, OJ L 114, 27.4.2002, p. No. OJ L 148/38 of 13.06.2015, "

3. According to § 3 Z 8, the following Z 9 and 10 are inserted:

" 9.

Implementing Regulation (EU) 2015/983 concerning the procedure for issuing the European professional card and the application of the pre-warning mechanism in accordance with Directive 2005 /36/EC, OJ L 73, 27.3.2005, p. No. OJ L 159/27 of 25.06.2015,

10.

Regulation (EU) No 1024/2012 on administrative cooperation with the assistance of the internal market information system and repealing Commission Decision 2008 /49/EC ("IMI Regulation") , OJ No. OJ L 316 of 14.11.2012 p. 1, as last amended by Directive 2014 /67/EU, OJ L 327, 28.12.2014, p. No. L 159, 28.5.2014 p. 11, "

4. In Section 12 (2) (2) (2), the word "and" replaced by a dash, in paragraph 2 (3), the point shall be replaced by a dash, and the following Z 4 shall be added:

" 4.

the knowledge of the German language required for the exercise of the profession. "

5. In § 12 para. 3 Z 2 lit. a becomes the word "EEA Contracting State" through the phrase "Member State of the EU or of any other Contracting Party to the EEA Agreement" replaced.

6. In Section 13 (2) (2) (2), the word "and" replaced by a dash, in paragraph 2 (3), the point shall be replaced by a dash, and the following Z 4 shall be added:

" 4.

the knowledge of the German language required for the exercise of the profession. "

7. § 14 (1) with title reads:

" Musiktherapeutical qualifications from the EEA-EEA-recognition

§ 14. (1) The Federal Minister (The Federal Minister) for Health has qualifications for the regulated profession of music therapist (the music therapist) in the form of the

1.

Self-perpetuating professional practice of music therapy or

2.

co-responsible professional practice of music therapy,

the competent authorities of a Member State of the EU or of any other Contracting Party to one (one) national of a Member State of the EU or of any other party to the EEA Agreement or of the Swiss Confederation of the EEA Agreement or of the Swiss Confederation, and which correspond to a professional qualification referred to in Article 11, with the exception of lit. a, of Directive 2005 /36/EC on the recognition of professional qualifications, if necessary, accompanied by an expert opinion, upon request recognition. "

8. According to Article 14 (1), the following paragraphs 1a to 1d are inserted:

" (1a) The recognition must be made subject to the condition of successful completion of a three-year adaptation period (§ 14b) or an aptitude test (§ 14c),

1.

if the previous training of the applicant in relation to professional activity relates to theoretical and practical training contents, which differ significantly from those obtained by the training certificate are covered in Austria, or

2.

if the profession of the music therapist (the music therapist) in the form of the self-responsible or co-responsible professional practice of music therapy in Austria comprises one or more regulated professional activities which are carried out in the country of origin of the The applicant does not form part of the relevant regulated profession, and if the training required in Austria relates to theoretical and practical training contents, which differ significantly from those provided by the applicant. Certificate of competence or training of the applicant covered .

The choice between the adaptation period and the aptitude test shall be submitted to the applicant (the applicant), provided that the level of training in the country of origin of the applicant (the applicant) is provided for in Article 11 (c), (d) or (e) of the applicant's Directive 2005 /36/EC.

(1b) Essential Differences (par. 1 and 1a), where knowledge, skills and competences are an essential condition for the exercise of the profession, in which the applicant's previous training (the applicant) is subject to substantial deviations with regard to the profession. Contents compared to the training required in Austria.

(1c) In the case of an adjustment course or an aptitude test (para. 1a) shall respect the principle of proportionality. In particular, it is necessary to consider whether the applicant (by the applicant) in the context of his (her) professional practice or through lifelong learning in a Member State of the EU or any other party to the EEA Agreement or the Knowledge, skills and competences acquired by a Swiss Confederation or a third country, which have been formally recognised as valid by a relevant body, can compensate for the essential difference in whole or in part.

(1d) A qualification certificate issued outside the EU or any other Contracting Party to the EEA Agreement or the Swiss Confederation shall be equivalent to a qualification certificate in accordance with paragraph 1 of this Article for the regulated profession of Music therapist (the music therapist) in the form of the person responsible or responsible for the professional practice of music therapy (third country diplom), if the person concerned is

1.

in a Member State of the EU or of any other Contracting Party to the EEA Agreement or of the Swiss Confederation, in the exercise of the profession of music therapist (the music therapist) in the form of the person responsible or co-responsible for the exercise of the profession of music therapist Professional practice of music therapy is entitled and

2.

a certificate issued by the State in accordance with Z 1 above, which states that he (she) has three years to pursue the profession of music therapist (the music therapist) in the form of the professional or co-responsible practice of music therapy in the territory of the State lawfully exercised. "

9. In accordance with § 14 (2), the following paragraph 2a is inserted:

" (2a) If the profession of music therapist (the music therapist) is in the form of the person responsible or responsible for the professional practice of music therapy in a Member State of the EU or of any other party to the EEA Agreement or of the The Swiss Confederation does not regulate, the qualifications or qualifications issued by the competent authorities for the exercise of that profession shall be equivalent to the qualifications referred to in paragraph 1, provided that the profession of the Music therapist (the music therapist) in the form of He or she has been practised in the Member State for a period of one year or during a corresponding period of time during the preceding ten years, whether responsible or responsible for the profession of music therapy. The requirement of one-year professional practice shall not be required, provided that the evidence of formal qualifications or qualifications confirms a regulated training. "

10. According to § 14, the following § § 14a to 14e are inserted:

" EEA recognition-Procedure-Single Contact-Administrative cooperation

§ 14a. (1) The applicant (s) shall:

1.

proof of nationality,

2.

proof of qualification, proof of professional qualifications in the country of origin and, where appropriate, proof of professional experience acquired,

3.

proof of the health suitability required for the fulfilment of the professional duties,

4.

proof of the degree of trustworthiness required for the fulfilment of the professional duties,

5.

a certificate issued by the State of origin that the profession has not been temporarily or definitively prohibited; and

6.

proof of residence or of an authorised representative in Austria

. The applicant (the applicant) has to notify the Authority immediately of any change in residence or of the person (s) (Z 6) of the person who is responsible for the delivery.

(2) The application may also be made in electronic form via the single point of contact (Art. 57a Directive 2005 /36/EC) or the Federal Ministry of Health. In case of reasonable doubt and as far as is strictly necessary, certified copies of the evidence may be required by the authority.

(3) The Federal Minister (The Federal Minister) for Health has to confirm the receipt of the documents within one month and to inform him which documents are missing. The decision on the recognition has to be made within four months from the date of receipt of the complete required documents with the single contact person or with the Federal Ministry of Health. A request for the submission of certified copies in accordance with paragraph 2 shall not be deemed to be a request for the submission of missing documents.

(4) § 6 Services Act, BGBl. I No 100/2011, (procedure on the single point of contact) should be applied accordingly.

(5) In the course of the proceedings, there are significant differences between the qualification required under this Federal Act and the qualification acquired in the country of origin, which requires the pre-depreciation of compensatory measures in accordance with Article 14 (1) of this Act, The applicant (the applicant) is entitled to apply for an application of the procedure until the missing training contents have been collected. The procedure shall be continued on request. In the case of a suspension of the procedure of more than six months, in case of application for continuation of the procedure, additional qualifications and evidence of professional experience shall be added to the procedure.

1.

new evidence in accordance with paragraphs 1, Z 3 and 4, and

2.

in the case of amendments, updated evidence in accordance with section 1 Z 1 and 5

. If an application for a continuation of the procedure is not applied, the recognition procedure shall cease without any form of procedure after the expiry of two years from the date of the application of the application for the application of the application.

(6) In cases where, due to substantial differences between the qualification required under this federal law and the qualification acquired in the country of origin, recognition is given to the condition of successful completion of a compensatory measure The Federal Minister for Health (the Federal Minister) must demonstrate compliance with the prescribed compensatory measure. Once the compensatory measure has been fulfilled, an application for registration in the music therapist list can be made. The right to practise the profession of music therapy is only made with the registration in the music therapist list.

(7) In the context of the procedure for the recognition of professional qualifications, it is established that the applicant (the applicant) has used forged professional qualifications, the Federal Minister (the Federal Minister) has for Health the competent authorities of the other Member States of the EU or of any other party to the EEA Agreement or of the Swiss Confederation by means of the EU Internal Market Information System (IMI) within three days of Final decision of the ordinary court in accordance with the provisions of Article 56a of Directive 2005 /36/EC and of the Implementing Regulation (EU) 2015/983. The applicant (the applicant) must be informed in writing, who (s) may request a review of the lawfulness of the notification in a procedure to be done in a modest way. If, in the context of the review, the unlawfulness of the notification is determined, the notification shall be corrected or withdrawn.

(8) In the context of the application of Directive 2005 /36/EC with the competent authorities of the other Member States of the EU or of any other Contracting Party to the EEA Agreement or of the EEA Agreement, the Federal Minister for Health (The Federal Minister) for Health has The Swiss Confederation shall cooperate, provide mutual assistance and provide the necessary information with a view to ensuring the confidentiality of the information exchanged, in particular through the Internal Market Information System (IMI) in the sense of of the IMI Regulation, to be obtained and to be granted.

Adaptation course

§ 14b. (1) An adaptation period according to § 14 (1) and (1a)

1.

is the exercise of the profession of music therapist (the music therapist) in the form of the professional exercise of music therapy in Austria under the responsibility of one (one) entitled to exercise his/her own professional practice Music therapist (music therapist) on or in connection with a training institution according to § § 9 or 10,

2.

, if necessary, has to be accompanied by an additional training at a training institution according to § § 9 or 10,

3.

is to be evaluated by the respective training institution in accordance with § § 9 or 10 and

4.

may be completed within the framework of a service.

(2) An adaptation period shall be subject to the written consent of the respective training institution in accordance with § § 9 or 10.

(3) The consent shall be granted provided that:

1.

in the institution or who, by means of the music therapists who are entitled to exercise their own responsibility (the music therapist who is entitled to practise their own responsibility), convey the competences to be learned according to the content and scope of the work, and

2.

the professional and pedagogical suitability of the music therapist (the music therapist), who is responsible for the self-responsibility of the profession, under whose (her) supervision and supervision the adaptation period is completed.

(4) Persons undertaking an adaptation period may only engage in music therapy activities directly related to the competences to be learned. They shall keep records of the activities carried out, which shall:

1.

from the music therapist (the music therapist) authorised to practise his or her own responsibility, under whose supervision and supervision the adaptation period is completed, with the addition of a short assessment in writing. and

2.

after the completion of the adaptation period of the respective training institution in accordance with § § 9 or 10 for the implementation of the evaluation

.

(5) Persons who complete an adaptation period shall only be entitled to practise an independent profession under the guidance and supervision of a music therapist (a music therapist) who is entitled to practise his/her own responsibility in Austria.

Aptitude Check

§ 14c. (1) An aptitude test in accordance with § 14 (1) and (1a) is an examination based exclusively on the professional knowledge, skills and competences of the applicant (the applicant) at a training institution according to § § 9 or 10, with the the ability of the applicant (the applicant) to exercise music therapy independently or jointly in Austria is assessed by a training institution in accordance with § § 9 or 10.

(2) The aptitude test shall be based on a list of those subject areas,

1.

which, on the basis of a comparison between the teaching subjects and subject areas prescribed by the Austrian training programme for the responsible or responsible practice of music therapy, and the subject areas and the subjects covered by the Person completed training is not covered by this and

2.

whose knowledge is an essential condition for the self-responsible or co-responsible professional practice of music therapy,

,

Assessment-Confirmation

§ 14d. (1) Services in the framework of the adaptation period The examination results in the context of the aptitude test are with the assessment levels

1.

"passed" or

2.

"failed"

to the Commission. An adaptation period or an aptitude test, which is assessed as "not passed", may be repeated at most twice.

(2) A confirmation from the training institution in accordance with § § 9 or 10 shall be issued on the completed adaptation period or the aptitude test completed. The confirmation shall be signed and shall be provided with the Stampiglie of the training facility.

EEA recognition-Partitional access

§ 14e. (1) The Federal Minister (The Federal Minister) for Health shall, on a case-by-case basis, have persons who are in another Member State of the EU or of another Contracting Party to the EEA Agreement or of the Swiss Confederation have acquired a qualification certificate in a field of music therapy and are qualified to pursue their professional activities in that country without any restrictions, a partial access to the professional exercise of music therapy responsible , where the following conditions are met:

1.

the differences between the legally practised professional activity in the home Member State and the co-responsible professional practice of music therapy under this federal law are so great that the application of compensatory measures of the requirement to the applicant (the applicant) would be able to go through the full training programme in Austria in order to gain access to the full extent of the professional practice of music therapy in Austria;

2.

the activities covered by the qualification obtained can be objectively separated from other activities covered by the professional exercise of music therapy responsible;

3.

the partial access does not prevent any compelling reasons of general interest.

(2) § § 14, 14a to 14d and 15 (2) to (6) shall apply.

(3) Persons who have been granted partial access in accordance with paragraph 1 of this Article shall have:

1.

carry out their profession under the professional title of their home Member State and, if necessary, in addition to the German-speaking name specified in the notification of recognition; and

2.

the patients affected (patients), as well as the service providers, or to inform service recipients (recipients of services) clearly and unequivocably about the scope of their professional activities. "

11. In § 15 (2) (2) (2), the point shall be replaced by a supplement and the word shall be replaced by "and" and the following Z 3 shall be added:

" 3.

proof of qualification in accordance with § 14 (1), proof of nationality, proof of § 34 corresponding civil liability insurance, a certificate that the profession in the country of origin or the country of origin does not exercise either has been temporarily banned and no criminal record is available and a declaration on the knowledge of the German language required for the professional exercise of the profession. "

12. § 15 (4) reads:

" (4) Before the temporary service is received, the Federal Minister (the Federal Minister) may, in order to prevent a serious impairment of the health of the recipient of the service (the recipient of the service), may: Reason for a lack of professional qualification of the service provider (the service provider) to verify the qualification of the service provider. "

13. In § 15 (6), after the word order "could put at risk" the phrase " and by professional experience or by the knowledge, skills and competences of the service provider (the service provider) acquired through lifelong learning and formally recognised as valid by a relevant body, not can be balanced " as well as following the phrase "to give the opportunity, in the context of an aptitude test" the parenthesis expression "(§ 14c)" inserted.

14. In accordance with § 15 (7), the following paragraphs 8 to 10 are added:

" (8) The Federal Minister (The Federal Minister) for health may, in the case of justified doubts by the competent authorities of the Member State of establishment, give priority to all information concerning the legality of the establishment and the good, by way of the IMI Request the management of the service provider (the service provider), as well as information that there are no professional disciplinary or criminal sanctions. If the Federal Minister (the Federal Minister) decides on health to check the professional qualifications of the service provider (the service provider), he (she) may, with the competent authorities of the Member State of establishment, obtain information on: request the training of the service provider (the service provider) to the extent that this is necessary for the assessment of whether there are significant differences likely to be detrimental to public health or safety.

(9) The Federal Minister for Health (the Federal Minister) has persons who are registered in the list of music therapists in Austria for the purpose of temporary provision of services in another EU Member State or any other Member State. a Contracting Party to the EEA Agreement or to the Swiss Confederation, upon request, to issue a certificate certifying that:

1.

the person concerned is registered in the list of music therapists and lawfully exercises the profession of music therapist (the music therapist) in the form of the self-responsible or co-responsible professional practice of music therapy in Austria, and

2.

He (her) is not deprived of the right to practise the profession at the time of issue of the certificate, even temporarily.

(10) The Federal Minister (The Federal Minister) for Health shall, if necessary, send the information referred to in paragraphs 8 and 9 to the competent authorities of the other Member States of the EU or to any other party to the EEA Agreement or to the Swiss Confederation primarily through the IMI. "

15. § 16 deleted.

16. In accordance with § 17 (2), the following sentence is added:

"A complaint against the decision of the Federal Minister (the Federal Minister) for health does not have a suspensive effect."

17. In accordance with § 18 (7), the following paragraph 8 is added:

" (8) The Federal Minister (the Federal Minister) for health and/or the administrative court of the country shall have the competent authorities of the other Member States of the EU or of any other party to the EEA Agreement or of the Swiss Confederation concerning the erasance of the right to work and the Deletion from the music therapist list or on a possible re-entry (Article 17 (2)) by way of the EU Internal Market Information System (IMI) within three days of a final decision in accordance with the provisions of Article 56a of Directive 2005 /36/EC and of the implementing Regulation (EU) 2015/983. The professional staff must be informed in writing of this, which may request a review of the lawfulness of the notification in a procedure to be carried out in a modest way. In the event of a review of the unlawfulness of the notification, the notification shall be rectified or withdrawn. "

18. In accordance with § 20 (4), the following paragraph 4a is inserted:

" (4a) The proof of the language skills required for the professional exercise is provided by a certificate of successfully completed language examination in the German language at level B2, in accordance with the Common European Framework of Reference for Languages Languages of the Council of Europe, provided that the knowledge of the German language required for the exercise of the profession does not prove to be the result of the evidence provided by the staff and qualifications submitted. The proof of language skills can be omitted if one of the following conditions is met:

1.

completed successfully completed training as a music therapist (for music therapist) in German in Austria or in other German-speaking countries,

2.

German-language other university studies,

3.

successfully completed studies of the German language,

4.

German-speaking Matura or a similar and equivalent school-leaving certificate. "

19. § 25 receives the sales designation "(1)" and the following paragraph 2 is added:

" (2) The Federal Minister (The Federal Minister) for Health shall have the competent authorities of the other Member States of the EU or of any other Contracting Party to the EEA Agreement or of the Swiss Confederation concerning the application of the Directive. 2005 /36/EC, with a view to ensuring the confidentiality of the information exchanged, in particular through the Internal Market Information System (IMI) within the meaning of the IMI Regulation. "

20. In § 35 (3) Z 1, after the phrase "in the § §" the number "14e," inserted.

21. The following paragraph 3 is added to § 39:

" (3) § 3 Z 1, 2, 9 and 10, § 12 paragraph 2 Z 2, § 12 para. 3 Z 2, § 13 paragraph 2 Z 2, § 14 para. 1, 1a, 1b, 1c, and 1d, § 14 para. 2a, § 14a to 14e, § 15 para. 2 Z 2 and 3, § 15 para. 4, 6, 8, 9 and 10, § 18 (8) § 20 (4a) and § 25 (2) in the version of the Federal Law BGBl. I n ° 9/2016 are at 18. Jänner 2016 in force. "

Article 3

Amendment of the Psychotherapy Act

The federal law on the exercise of psychotherapy (Psychotherapy Act), BGBl. No. 361/1990, as last amended by the Federal Law Gazette (BGBl). I No 32/2014, shall be amended as follows:

1. § 1a reads:

" § 1a. Through this federal law,

1.

Directive 2011 /24/EU on the exercise of patients ' rights in cross-border healthcare, OJ L 206, 22.7.2011, p. No. OJ L 88, 4.4.2011 p. 45,

2.

Directive 2011 /95/EU on standards for the recognition of third-country nationals or stateless persons as a person with the right to international protection, for a uniform status for refugees or for persons with a right to subsidiary protection and for the content of the protection granted, OJ C 327, 30.4.2004, No. OJ L 337, 20.12.2011 p. 9,

3.

Directive 2005 /36/EC on the recognition of professional qualifications, OJ L 327, 30.4.2005, p. No. 22, as last amended by Directive 2013 /55/EU, OJ L 255, 30.9.2013, p. No. 132, as amended by the corrigendum OJ L 327, 28.12.2013, p. No. OJ L 268, 15.10.2015, p. 35,

4.

Implementing Regulation (EU) 2015/983 concerning the procedure for issuing the European professional card and the application of the pre-warning mechanism in accordance with Directive 2005 /36/EC, OJ L 73, 27.3.2005, p. No. OJ L 159/27 of 25.06.2015,

5.

the Agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other part, on the free movement of persons, OJ No. OJ L 114 of 30.04.2002 p. 6, as last amended by Decision No 1/2015 of the Joint Committee, OJ L 114, 27.4.2002, p. No. OJ L 148/38 of 13.06.2015,

6.

Regulation (EU) No 1024/2012 on administrative cooperation with the assistance of the internal market information system and repealing Commission Decision 2008 /49/EC ("IMI Regulation") , OJ No. OJ L 316 of 14.11.2012 p. 1, as last amended by Directive 2014 /67/EU, OJ L 327, 28.12.2014, p. No. OJ L 159, 28.5.2014, p. 11,

to be transposed into Austrian law. "

2. § 11 Z 4 reads:

" 4.

have demonstrated the necessary health and trustworthiness required for the fulfilment of the professional duties and the knowledge of the German language required for the exercise of the profession (§ 17 para. 3a) and "

3. According to Article 17 (3), the following paragraph 3a is inserted:

" (3a) The proof of the language skills required for the profession is provided by a certificate of successfully completed language examination in the German language at level C2 in accordance with the Common European Framework of Reference for Languages. Languages of the Council of Europe, provided that the knowledge of the German language required for the exercise of the profession does not prove to be the result of the evidence provided by the staff and qualifications submitted. The proof of language skills can be omitted if one of the following conditions is met:

1.

successfully completed training as a psychotherapist in German language in Austria or in other German-speaking countries,

2.

German-language university studies,

3.

successfully completed studies of the German language,

4.

German-speaking Matura or a similar and equivalent school-leaving certificate. "

4. In accordance with § 17 (5), the following paragraph 6 is added:

" (6) The Federal Minister of Health has, in the context of the application of Directive 2005 /36/EC, with the competent authorities of the other Member States of the EU or of any other party to the EEA Agreement or of the Swiss Confederation cooperate, provide mutual assistance and obtain the necessary information, while ensuring the confidentiality of the information exchanged, in particular through the Internal Market Information System (IMI) within the meaning of the IMI Regulation; and "

5. § 19 (2) the following sentence is added:

"A complaint against the decision of the Federal Minister of Health does not have a suspensive effect."

6. The following paragraphs 4 to 7 are added to Section 19 (3):

" (4) The Federal Minister of Health shall have the competent authorities of the other Member States of the EU or of any other Contracting Party to the EEA Agreement or of the Swiss Confederation concerning the erasance of the right to work and of the Deletion from the list of psychotherapists referred to in paragraphs 1 and 2 by the EU's Internal Market Information System (IMI) within three days of a final decision in accordance with the provisions of Article 56a of Directive 2005 /36/EC and of the Implementing Regulation (EU) 2015/983. The professional staff must be informed in writing of this, which may request a review of the lawfulness of the notification in a procedure to be carried out in a modest way. If, in the context of the review, the unlawfulness of the notification is determined, the notification shall be corrected or withdrawn.

(5) The courts shall be obliged to inform the Federal Minister of Health of the appointment of a lawyer for a psychotherapist without delay.

(6) The Public Prosecutor's Office is obliged to provide the Federal Minister of Health

1.

the initiation and termination of an investigative procedure, in so far as there is a connection with the self-employed exercise of psychotherapy, and

2.

from the suspension and the lifting of pre-trial detention

to be notified without delay.

(7) The criminal courts are obliged to the Federal Minister for Health of the termination of the main proceedings in accordance with the Code of Criminal Procedure 1975 (StPO), BGBl. No 631/1975, concerning a psychotherapist to be notified without delay. '

7. § 24 (3) reads:

"(3) By this federal law, the legal provisions on the leadership of the designation" psychologist "or" psychologist " and on the exercise of health psychology and clinical psychology in accordance with Psychologengesetz 2013, BGBl. I n ° 182/2013, is not affected. "

8. The following paragraph 4 is added to Article 27 (3):

" (4) § 1a, § 11 Z 4, § 17 para. 3a and paragraph 6 as well as § 19 paragraph 4 in the version of the Federal Law BGBl. I n ° 9/2016 are at 18. Jänner 2016 in force. "

Article 4

Amendment of the EEA Psychotherapist Act

The Federal Act on the establishment and the exercise of the freedom to provide services of psychotherapists from the European Economic Area (EWR-Psychotherapy Act), BGBl. I n ° 114/1999, as last amended by the Federal Law BGBl. I No 32/2014, shall be amended as follows:

1. In the table of contents, the line "EWR-Berufszulassung für Psychotherapeuten § 3" through the row "EWR-occupational recognition for psychotherapists-Single contact person § 3" replaced.

2. In the table of contents, after the line "EWR-Berufszulassung für Psychotherapeuten § 3" the following line :

"EWR vocational recognition-partial access § 3a"

3. § 3 together with the headline is:

" EWR-occupational Recognition for Psychotherapists-Single Contact Person

§ 3. (1) The Federal Minister of Health shall have a national of a Member State of the EU or of any other party to the EEA Agreement or of the Swiss Confederation and third-country nationals in accordance with Article 1 (2) of the Agreement. Proof of qualification for the regulated profession of psychotherapist, which corresponds to a diploma in accordance with Article 11, with the exception of lit. a, of Directive 2005 /36/EC, on application for the right to practise as a psychotherapist and to the Psychotherapist List in accordance with the provisions of § 17 of the Psychotherapist Act, BGBl. No 361/1990.

(2) If the profession of psychotherapist is not regulated in a Member State of the EU or of any other party to the EEA Agreement or of the Swiss Confederation, the competent authorities issued by the competent authorities shall be: or evidence of formal qualifications for the exercise of that profession, as provided for in paragraph 1 of this Article, provided that:

1.

the evidence of formal qualifications or qualifications referred to in Article 11, other than lit. a, of Directive 2005 /36/EC, and

2.

the profession of psychotherapist has been carried out in the Member State for a period of one year in the previous ten years.

The requirement of one-year professional practice is not required, provided that the evidence of formal qualifications or qualifications attests to a regulated education.

(3) Professional recognition must be made subject to the condition of successful completion of a three-year adaptation period or an aptitude test,

1.

if the previous training of the applicant relates to theoretical and practical training contents, which differ significantly from those covered by the training certificate in Austria ,

2.

if the profession of psychotherapist in Austria comprises one or more regulated professional activities which are not part of the relevant regulated profession in the applicant's country of origin, and if the person in Austria has a professional experience in the country of origin of the applicant -training required for theoretical and practical training contents, which differ significantly from those covered by the applicant's qualifications or training certificate.

The choice between the adaptation period and the aptitude test shall be submitted to the applicant (the applicant), provided that the level of training in the applicant's country of origin is provided for in Article 11 (c), (d) or (e) of Directive 2005 /36/EC .

(4) The applicant shall:

1.

proof of nationality,

2.

proof of qualification, proof of professional qualifications in the country of origin and, where appropriate, proof of professional experience acquired,

3.

a certificate issued by the State of origin that the profession has not been temporarily or definitively prohibited,

4.

proof of the health suitability required for the fulfilment of the professional duties,

5.

proof of the trustworthiness required for the fulfilment of the professional duties, and

6.

to submit proof of residence or of an authorised representative in Austria, and

7.

to indicate the occupational seat or place of employment envisaged.

The applicant has to notify the Federal Ministry of Health without delay of any change to the place of residence or of the authorised representative (Z 6).

(5) The application may also be made in electronic form via the single point of contact (Art. 57a Directive 2005 /36/EC) or the Federal Ministry of Health. In case of reasonable doubt and as far as is strictly necessary, certified copies of the evidence may be required by the authority.

(6) § 6 Services Act, BGBl. I No 100/2011, (procedure on the single point of contact) should be applied accordingly.

(7) In the context of the application of Directive 2005 /36/EC with the competent authorities of the other Member States of the EU or of any other party to the EEA Agreement or of the Swiss Confederation, the Federal Minister of Health shall have the right to: cooperate, provide mutual assistance and obtain the necessary information, while ensuring the confidentiality of the information exchanged, in particular through the Internal Market Information System (IMI) within the meaning of the IMI Regulation; and to the Commission.

(8) Provided that the procedure for the recognition of professional qualifications determines that the applicant has used forged professional qualifications, the Federal Minister of Health shall have the competent authorities of the other Member States of the EU or any other party to the EEA Agreement by means of the EU Internal Market Information System (IMI) within three days of a final decision of the ordinary court, in accordance with the provisions of Article 56a of the Directive 2005 /36/EC and the Implementing Regulation (EU) 2015/983 information. The applicant shall be informed in writing and may request a review of the lawfulness of the notification in a procedure to be carried out in a modest way. If, in the context of the review, the unlawfulness of the notification is determined, the notification shall be corrected or withdrawn.

(9) The provisions of the Psychotherapy Act are to be applied from the entry into the Psychotherapist List. "

4. In accordance with § 3, the following § 3a together with the heading is inserted:

" EWR-Professional recognition-Partitional access

§ 3a. (1) The Federal Minister of Health shall, on a case-by-case basis, have persons who are in another Member State of the EU or of another Contracting Party to the EEA Agreement or of the Swiss Confederation Qualification certificate in a field of psychotherapy acquired and qualified in that State without restriction to the pursuit of professional activity, to grant partial access to the profession as a psychotherapist if: The following conditions are met:

1.

the differences between the legally practised professional activity in the home Member State and the profession of psychotherapist in accordance with the Psychotherapy Act, BGBl. N ° 361/1990, are so large that the application of compensatory measures to the applicant would be equivalent to the full training programme in Austria in order to gain access to the full scope of the profession as a whole to obtain psychotherapist in Austria;

2.

the activities covered by the qualification obtained can be objectively separated from other activities covered by the profession of psychotherapist;

3.

the partial access does not prevent any compelling reasons of general interest.

(2) § § 3 to 5 and 8 shall apply.

(3) Persons who have been granted partial access in accordance with paragraph 1 of this Article shall have:

1.

carry out their profession under the professional title of their home Member State and, if necessary, in addition to the German-speaking name specified in the notification of recognition; and

2.

the patients concerned, as well as the service providers or to provide a clear information on the scope of their professional activities. "

5. § 4 para. 2 second and third sentence are:

" As a compensatory measure, the Federal Minister of Health has to determine an adaptation period or an aptitude test. The choice between the adaptation period and the aptitude test shall be submitted to the applicant, provided that the level of training in the applicant's home country is in accordance with Article 11 (c), (d) or (e) of Directive 2005 /36/EC. "

6. § 4 (3) Submission sentence is:

" (3) The Federal Minister of Health shall, within one month, confirm receipt of the documents and indicate which documents are missing and within four months from the date of receipt of the complete required documents in the case of the a single point of contact or with the authority in each individual case, "

7. In § 4 para. 3 Z 2 the word "Professional authorisation" by the word "Occupational recognition" and it is then added to the following final part:

"A request for the submission of certified copies in accordance with Section 3 (5) shall not be deemed to be a request for the submission of missing documents."

8. In accordance with Section 4 (3), the following paragraph 3a is inserted:

" (3a) Key differences (par. 3 (2) where knowledge, skills and competences are an essential condition for the exercise of the profession, in which the applicant's training to date has substantial differences in the content of the profession in relation to that in which the applicant is responsible. Austria has called for training. "

9. In the final part of Section 4 (6), the word "Authorisation procedure" by the word "Professional recognition procedure" replaced.

10. In § 5 (1), (1). Sentence, the word shall be "elected" is deleted.

Article 5 (2) reads as follows:

" (2) The recognition advertiser has the search for entry in the psychotherapist list of evidence on the health suitability and the trustworthiness as well as the knowledge of the German language required for the professional exercise (§ 6 para. 2) "

12. The heading to § 6 reads:

"Health suitability and trustworthiness, language skills"

13. § 6 receives the sales designation "(1)" and the following paragraph 2 is added:

" (2) The proof of the language skills required for the profession is provided by a certificate of successfully completed language examination in the German language at level C2 in accordance with the Common European Framework of Reference for Languages. Languages of the Council of Europe, provided that the knowledge of the German language required for the exercise of the profession does not prove to be the result of the evidence provided by the staff and qualifications submitted. The proof of language skills can be omitted if one of the following conditions is met:

1.

successfully completed training as a psychotherapist in German language in Austria or in other German-speaking countries,

2.

German-language university studies,

3.

successfully completed studies of the German language,

4.

German-speaking Matura or a similar and equivalent school-leaving certificate "

14. § 8 para. 2 Z 2 reads:

" 2.

Certificate issued by the competent authority of the home or country of origin, that the service provider lawfully exercises the regulated profession of the psychotherapist and that he neither temporarily nor definitively prohibits the exercise of the profession and there have been no criminal record, "

15. In § 8 (2) (3), the point shall be replaced by a supplement and the following Z 4 and 5 shall be added:

" 4.

Declaration on the knowledge of the German language,

5.

Proof of a § 16b Psychotherapy Act, BGBl. No 361/1990, corresponding professional indemnity insurance. '

16. In § 8 (6), (1). Set, after the word sequence "could put at risk" the phrase "and cannot be compensated for by professional experience or by the knowledge, skills and competences of the service provider, acquired through lifelong learning and formally recognised as valid by a relevant body" inserted.

17. According to Article 8 (6), the following paragraph 6a is inserted:

" (6a) The Federal Minister of Health may, in the case of justified doubts, give priority to the competent authorities of the Member State of establishment, by means of the IMI, all information concerning the legality of the establishment and the good management of the A service provider, as well as information on the lack of professional disciplinary or criminal sanctions. If the Federal Minister of Health decides to check the professional qualifications of the service provider, he may request information on the training courses of the service provider to the competent authorities of the Member State of establishment, in so far as this is necessary in order to assess whether there are significant differences likely to be detrimental to public health or safety. "

18. In accordance with Section 8 (8), the following paragraph 9 is added:

" (9) The Federal Minister for Health shall, if necessary, send the information referred to in paragraphs 6a and 8 to the competent authorities of the other Member States of the EU or to any other party to the EEA Agreement or to the Swiss Confederation Confederacy primarily through the IMI. "

19. In § 10, after the word order "§ 3," the phrase "§ 3a (3)," inserted.

20. § 14 Z 1 and 2 are:

" 1.

Directive 2005 /36/EC on the recognition of professional qualifications, OJ L 327, 30.4.2005, p. No. 22, as last amended by Directive 2013 /55/EU, OJ L 255, 30.9.2013, p. No. 132, as amended by the corrigendum OJ L 327, 28.12.2013, p. No. OJ L 268, 15.10.2015, p. 35,

2.

the Agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other part, on the free movement of persons, OJ No. OJ L 114 of 30.04.2002 p. 6, as last amended by Decision No 1/2015 of the Joint Committee, OJ L 114, 27.4.2002, p. No. OJ L 148/38 of 13.06.2015, "

21. According to § 14 Z 6, the following Z 7 and 8 are added:

" 7.

Implementing Regulation (EU) 2015/983. on the procedure for issuing the European professional card and the application of the pre-warning mechanism in accordance with Directive 2005 /36/EC, OJ L 327, 28.2.2005, p. No. OJ L 159/27 of 25.06.2015,

8.

Regulation (EU) No 1024/2012 on administrative cooperation with the assistance of the internal market information system and repealing Commission Decision 2008 /49/EC ("IMI Regulation") , OJ No. 1, as last amended by Directive 2014 /67/EU, OJ L 327, 28.11.2014, p. No. L 159, 28.5.2014 p. 11, "

22. § 15 receives the sales designation "(1)" and the following paragraph 2 is added:

" (2) § 3, § 3a including the title, § 4 para. 2, 3, 3a and 6, § 5 para. 1 and 2, the title to § 6, § 6 para. 2, § 8 para. 2 Z 2, 3, 4 and 5, § 8 para. 2 Z 4 and 5, § 8 para. 6, 6a and 9 as well as § 14 Z 1, 2, 7 and 8 in the version of the Federal Law BGBl. I n ° 9/2016 are at 18. Jänner 2016 in force. "

23. The Appendix to § 3 para. 2 Z 1 is deleted.

Article 5

Amendment of the Psychologengesetz 2013

The federal law on the leadership of the term "psychologist" or "psychologist" and on the exercise of health psychology and clinical psychology (Psychologengesetz 2013), BGBl. I n ° 182/2013, as last amended by the Federal Act BGBl. I No 32/2014 shall be amended as follows:

1. In the table of contents, the line "§ 3 Regulatory subject" through the row "§ 3 Regulatory subject-Implementation of Union law" replaced.

2. The heading to § 3 reads:

"Regulatory subject-implementation of Union law"

3. § 3 receives the sales designation "(1)" , the Z 3 is deleted and the following paragraph 2 is added:

" (2) By this federal law

1.

Directive 2005 /36/EC on the recognition of professional qualifications, OJ L 327, 30.4.2005, p. No. 22, as last amended by Directive 2013 /55/EU, OJ L 255, 30.9.2013, p. No. 132, as amended by the corrigendum OJ L 327, 28.12.2013, p. No. OJ L 268, 15.10.2015, p. 35,

2.

Directive 2011 /24/EU on the exercise of patients ' rights in cross-border healthcare, OJ L 206, 22.7.2011, p. No. OJ L 88, 4.4.2011 p. 45,

3.

Directive 2011 /95/EU on standards for the recognition of third-country nationals or stateless persons as a person with the right to international protection, for a uniform status for refugees or for persons with a right to subsidiary protection and for the content of the protection granted, OJ C 327, 30.4.2004, No. OJ L 337, 20.12.2011 p. 9,

4.

Implementing Regulation (EU) 2015/983 concerning the procedure for issuing the European professional card and the application of the pre-warning mechanism in accordance with Directive 2005 /36/EC, OJ L 73, 27.3.2005, p. No. OJ L 159/27 of 25.06.2015,

5.

the Agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other part, on the free movement of persons, OJ No. OJ L 114 of 30.04.2002 p. 6, as last amended by Decision No 1/2015 of the Joint Committee, OJ L 114, 27.4.2002, p. No. OJ L 148/38 of 13.06.2015,

6.

Regulation (EU) No 1024/2012 on administrative cooperation with the assistance of the internal market information system and repealing Commission Decision 2008 /49/EC ("IMI Regulation") , OJ No. OJ L 316 of 14.11.2012 p. 1, as last amended by Directive 2014 /67/EU, OJ L 327, 28.12.2014, p. No. OJ L 159, 28.5.2014, p. 11,

to be transposed into Austrian law. "

4. § 16 Z 4 reads:

" 4.

has demonstrated the somatic and psychological aptitude required for the fulfilment of the professional duties, as well as the degree of trustworthiness and the knowledge of the German language required for the exercise of the profession, "

5. In accordance with § 17 (4), the following paragraph 5 is added:

" (5) The Federal Minister (The Federal Minister) for Health shall have the competent authorities of the other Member States of the EU or of any other Contracting Party to the EEA Agreement or of the Swiss Confederation concerning the application of the Directive. 2005 /36/EC, with a view to ensuring the confidentiality of the information exchanged, in particular through the Internal Market Information System (IMI) within the meaning of the IMI Regulation. "

6. In accordance with § 18 (4), the following paragraph 4a is inserted:

" (4a) The proof of the language skills required for the profession is provided by a certificate of successfully completed language examination in the German language at level C2 in accordance with the Common European Framework of Reference for Languages. Languages of the Council of Europe, provided that the knowledge of the German language required for the exercise of the profession does not prove to be the result of the evidence provided by the staff and qualifications submitted. The proof of language skills can be omitted if one of the following conditions is met:

1.

completed successfully completed training as a health psychologist or a clinical psychologist in German in Austria or in the rest of the German-speaking world,

2.

German-language university studies,

3.

successfully completed studies of the German language,

4.

German-speaking Matura or a similar and equivalent school-leaving certificate. "

7. § 21 (3) the following sentence is added:

"A complaint against the decision of the Federal Minister (the Federal Minister) for Health (Z 3) does not have suspensive effect."

8. According to Article 21 (8), the following paragraph 9 is added:

" (9) The Federal Minister (The Federal Minister) for Health or the competent State Administrative Court shall have the competent authorities of the other Member States of the EU or of any other party to the EEA Agreement or the Swiss Confederation Swiss Confederation on the abolition of the right to work and the deletion from the list of health psychologists referred to in paragraphs 1 and 3 by the EU's Internal Market Information System (IMI) within three days of the date of Final decision in accordance with the provisions of Article 56a of the Directive 2005 /36/EC and the Implementing Regulation (EU) 2015/983. The professional staff must be informed in writing of this, which may request a review of the lawfulness of the notification in a procedure to be carried out in a modest way. In the event of a review of the unlawfulness of the notification, the notification shall be rectified or withdrawn. "

9. § 25 Z 4 reads:

" 4.

has demonstrated the somatic and psychological aptitude required for the fulfilment of the professional duties, as well as the degree of trustworthiness and the knowledge of the German language required for the exercise of the profession, "

10. In accordance with Article 26 (4), the following paragraph 5 is added:

" (5) The Federal Minister (The Federal Minister) for Health shall have the competent authorities of the other Member States of the EU or of any other Contracting Party to the EEA Agreement or of the Swiss Confederation concerning the application of the Directive. 2005 /36/EC, with a view to ensuring the confidentiality of the information exchanged, in particular through the Internal Market Information System (IMI) within the meaning of the IMI Regulation. "

11. In accordance with § 27 (4), the following paragraph 4a is inserted:

" (4a) The proof of the language skills required for the profession is provided by a certificate of successfully completed language examination in the German language at level C2 in accordance with the Common European Framework of Reference for Languages. Languages of the Council of Europe, provided that the knowledge of the German language required for the exercise of the profession does not prove to be the result of the evidence provided by the staff and qualifications submitted. The proof of language skills can be omitted if one of the following conditions is met:

1.

completed successfully completed training as a clinical psychologist (clinical psychologist) or health psychologist (for health psychologist) in German in Austria or in other German-speaking countries,

2.

German-language university studies,

3.

successfully completed studies of the German language,

4.

German-speaking Matura or a similar and equivalent school-leaving certificate. "

The following sentence shall be added to Article 30 (3):

"A complaint against the decision of the Federal Minister (the Federal Minister) for Health (Z 3) does not have suspensive effect."

13. The following paragraph 9 is added to Article 30 (8):

" (9) The Federal Minister (The Federal Minister) for Health or the competent State Administrative Court shall have the competent authorities of the other Member States of the EU or of any other party to the EEA Agreement or the Swiss Confederation Swiss Confederation on the extinguishing of the right to work and the deletion from the list of clinical psychologists in accordance with paragraphs 1 and 3 by the EU Internal Market Information System (IMI) within three days of the date of the Final decision in accordance with the provisions of Article 56a of the Directive 2005 /36/EC and the Implementing Regulation (EU) 2015/983. The professional staff must be informed in writing of this, which may request a review of the lawfulness of the notification in a procedure to be carried out in a modest way. In the event of a review of the unlawfulness of the notification, the notification shall be rectified or withdrawn. "

14. The following paragraph 6 is added to Section 50 (5):

" (6) The title of § 3, § 3, § 16 Z 4, § 17 para. 4, § 18 para. 4a, § 21 para. 9, § 25 Z 4, § 26 para. 4, § 27 para. 4a and § 30 para. 9 in the version of the Federal Law BGBl. I n ° 9/2016 are at 18. Jänner 2016 in force. "

Article 6

Amendment of the EEA Psychologists Act

The Federal Act on the establishment and the exercise of the freedom to provide services of clinical psychologists and health psychologists from the European Economic Area (EWR-Psychologists Act), BGBl. I n ° 113/1999, as last amended by the Federal Law BGBl. I n ° 32 /2014 is amended as follows:

1. In the table of contents, the line "Qualifications from the EEA for Clinical Psychology and Health Psychology § 1" through the row "Qualifications from the EEA for Health Psychology and Clinical Psychology § 1" replaced.

2. In the table of contents, the line "EWR-Berufszulassung für Klinische Psychologie und Healthspsychologie § 3" through the row "EWR-occupational recognition for Health Psychology and Clinical Psychology-Single Point of Contact § 3" replaced.

3. In the table of contents, after the line "EWR-Berufszulassung für Klinische Psychologie und Healthspsychologie § 3" the following line :

"EWR vocational recognition-partial access § 3a"

4. In § 2 Z 1 and Z 2, § 8 (1), § 8 (2) (2) (2), § 8 (8) and § 9 (1), the word sequence shall be "the clinical psychologist or the health psychologist" through the phrase "the health psychologist or the clinical psychologist" replaced.

5. § 3 together with headline reads:

" EWR-occupational Recognition for Clinical Psychology and Health Psychology-Single Contact Person

§ 3. (1) The Federal Minister of Health shall have a national of a Member State of the EU or of any other party to the EEA Agreement or of the Swiss Confederation and third-country nationals in accordance with Article 1 (2) of the Agreement. Proof of qualification for the regulated profession of health psychologist or of the clinical psychologist who has received a diploma in accordance with Article 11, other than lit. a, of Directive 2005 /36/EC, on application for the right to practise as a health psychologist, or to grant clinical psychologist and to the list of health psychologists and health psychologists, respectively The list of clinical psychologists in accordance with § 19 and § 28 Psychologengesetz 2013, BGBl. I No 182/2013.

(2) Is the profession of health psychologist or Clinical psychologists in a Member State of the EU or of any other Contracting Party to the EEA Agreement or of the Swiss Confederation shall not be regulated, shall be the competent authorities issued by the competent authorities, or Evidence of formal qualifications for the exercise of that profession shall be equivalent to the qualifications referred to in paragraph 1, provided that:

1.

the evidence of formal qualifications or qualifications referred to in Article 11, other than lit. a, of Directive 2005 /36/EC, and

2.

the profession of health psychologist or Clinical psychologists have been practised in the Member State for one year in the previous 10 years.

The requirement of one-year professional practice is not required, provided that the evidence of formal qualifications or qualifications attests to a regulated education.

(3) Professional recognition must be made subject to the condition of successful completion of a three-year adaptation period or an aptitude test,

1.

if the previous training of the applicant relates to theoretical and practical training contents, which differ significantly from those covered by the training certificate in Austria ,

2.

if the profession of health psychologist or Clinical psychologists in Austria include one or more regulated professional activities which are not part of the relevant regulated profession in the applicant's country of origin, and if the applicant is required to do so in Austria. Training on theoretical and practical training contents, which differ significantly from those covered by the applicant's qualifications or training certificate.

The choice between the adaptation period and the aptitude test shall be submitted to the applicant (the applicant), provided that the level of training in the applicant's country of origin is provided for in Article 11 (c), (d) or (e) of Directive 2005 /36/EC .

(4) The applicant shall:

1.

proof of nationality,

2.

proof of qualification, proof of professional qualifications in the country of origin and, where appropriate, proof of professional experience acquired,

3.

a certificate issued by the State of origin that the profession has not been temporarily or definitively prohibited,

4.

proof of the health suitability required for the fulfilment of the professional duties,

5.

proof of the trustworthiness required for the fulfilment of the professional duties, and

6.

to submit proof of residence or of an authorised representative in Austria, and

7.

to indicate the occupational seat or place of employment envisaged.

The applicant has to notify the Federal Ministry of Health without delay of any change to the place of residence or of the authorised representative (Z 6).

(5) The application may also be made in electronic form via the single point of contact (Art. 57a Directive 2005 /36/EC) or the Federal Ministry of Health. In case of reasonable doubt and as far as is strictly necessary, certified copies of the evidence may be required by the authority.

(6) § 6 Services Act, BGBl. I No 100/2011, (procedure on the single point of contact) should be applied accordingly.

(7) In the context of the application of Directive 2005 /36/EC with the competent authorities of the other Member States of the EU or of any other party to the EEA Agreement or of the Swiss Confederation, the Federal Minister of Health shall have the right to: cooperate, provide mutual assistance and obtain the necessary information, while ensuring the confidentiality of the information exchanged, in particular through the Internal Market Information System (IMI) within the meaning of the IMI Regulation; and to the Commission.

(8) Provided that the procedure for the recognition of professional qualifications determines that the applicant has used forged professional qualifications, the Federal Minister of Health shall have the competent authorities of the other Member States of the EU or of any other party to the EEA Agreement or of the Swiss Confederation by way of the EU Internal Market Information System (IMI) within three days of a final decision of the ordinary court the provisions of Article 56a of Directive 2005 /36/EC and of Implementing Regulation (EU) 2015/983. The applicant shall be informed in writing and may request a review of the lawfulness of the notification in a procedure to be carried out in a modest way. If, in the context of the review, the unlawfulness of the notification is determined, the notification shall be corrected or withdrawn.

(9) From the date of entry into the list of health psychologists and health psychologists, respectively The list of clinical psychologists is to apply the provisions of the Psychologengesetz 2013. "

6. In accordance with § 3, the following § 3a together with the heading is inserted:

" EWR-Professional recognition-Partitional access

§ 3a. (1) The Federal Minister of Health shall, on a case-by-case basis, have persons who are in another Member State of the EU or of another Contracting Party to the EEA Agreement or of the Swiss Confederation Qualification certificate in a sub-area of health psychology or of clinical psychology, and are qualified in that state without restriction to the pursuit of professional activity, a partial access to the profession as a health psychologist or a health psychologist. Clinical psychologist, if the following conditions are met:

1.

the differences between the legally practised professional activity in the home Member State and the profession as a health psychologist or Clinical psychologist according to the Psychologists Act 2013 is so great that the application of compensatory measures of the requirement to the applicant would be equal to the full training programme in Austria to access to the whole Extent of the professional exercise as a health psychologist or to obtain clinical psychologist in Austria;

2.

the activities covered by the qualification obtained can be objectively assessed by others as a health psychologist or as a health psychologist. Separate clinical psychologist activities;

3.

the partial access does not prevent any compelling reasons of general interest.

(2) § § 3 to 5 and 8 shall apply.

(3) Persons who have been granted partial access in accordance with paragraph 1 of this Article shall have:

1.

carry out their profession under the professional title of their home Member State and, if necessary, in addition to the German-speaking name specified in the notification of recognition; and

2.

the patients concerned, as well as the service providers or to provide a clear information on the scope of their professional activities. "

7. In Section 4 (1) and (5) (1) and (3), the term of the word shall be "List of clinical psychologists and health psychologists" replaced by the phrase " List of health psychologists and health psychologists, respectively the list of Clinical Psychologists and Clinical Psychologists " .

8. In Section 4 (1), the phrase "to the clinical psychologist or health psychologist" through the phrase "to the health psychologist or clinical psychologist" replaced.

9. In Section 4 (1), Section 8 (7) (1) (1) and (9) (1), the following shall be applied in each case "Psychologists Act" the number "2013" inserted.

10. § 4 (2) second and third sentence are:

" As a compensatory measure, the Federal Minister of Health has to determine an adaptation period or an aptitude test. The choice between the adaptation period and the aptitude test shall be submitted to the applicant, provided that the level of training in the applicant's home country is in accordance with Article 11 (c), (d) or (e) of Directive 2005 /36/EC. "

11. § 4 (3) Submission sentence is:

" (3) The Federal Minister of Health shall, within one month, confirm receipt of the documents and indicate which documents are missing and within four months from the deposit of the complete required documents in the case of the a single point of contact or with the authority in each individual case, "

12. In Section 4 (3) (1) (1) and (8) (7) (2) (2), after the word "Psychologengesetz" the number "2013" inserted.

13. In Section 4 (3) (2), (4) (4) (4) (1) and (4) (5), the word order shall be "as a clinical psychologist or as a health psychologist" through the phrase "as a health psychologist or as a clinical psychologist" replaced.

14. In § 4 (3) (2) (2) the word "Professional authorisation" by the word "Occupational recognition" and the following final sentence shall be added:

"A request for the submission of certified copies in accordance with Section 3 (5) shall not be deemed to be a request for the submission of missing documents."

15. According to Article 4 (3), the following paragraph 3a is inserted:

" (3a) Key differences (par. 3 (2) where knowledge, skills and competences are an essential condition for the exercise of the profession, in which the applicant's training to date has substantial differences in the content of the profession in relation to that in which the applicant is responsible. Austria has called for training. "

16. In the final part of Section 4 (6), the word "Authorisation procedure" by the word "Professional recognition procedure" replaced.

17. In § 5 (1), 1. Sentence, the word shall be "elected" is deleted.

Article 5 (2) reads as follows:

" (2) The recognition advertiser has the request for entry in the list of health psychologists and health psychologists, respectively. The list of clinical psychologists and clinical psychologists to be able to provide evidence of their suitability for health and trustworthiness, as well as the knowledge of the German language required for the exercise of their profession (§ 6 para. 2). "

19. In Section 5 (4), the phrase "List of clinical psychologists and health psychologists according to § 16 of the Psychological Law" replaced by the phrase " List of health psychologists and health psychologists, respectively the list of clinical psychologists according to § 19 resp. § 28 of the Psychologengesetz 2013 " .

20. The heading to § 6 reads:

"Health suitability and trustworthiness, language skills"

21. § 6 receives the sales designation "(1)" and the following paragraph 2 is added:

" (2) The proof of the language skills required for the profession is provided by a certificate of successfully completed language examination in the German language at level C2 in accordance with the Common European Framework of Reference for Languages. Languages of the Council of Europe, provided that the knowledge of the German language required for the exercise of the profession does not prove to be the result of the evidence provided by the staff and qualifications submitted. The proof of language skills can be omitted if one of the following conditions is met:

1.

successfully completed training as a health psychologist or clinical psychologist in the German-speaking world,

2.

German-language university studies,

3.

successfully completed studies of the German language,

4.

German-speaking Matura or a similar and equivalent school-leaving certificate. "

22. In Section 8 (1), the phrase "as a clinical psychologist or health psychologist" through the phrase "as a health psychologist or as a clinical psychologist" replaced.

Section 8 (2) Z 2 reads as follows:

" 2.

Certificate issued by the competent authority of the home or country of origin, that the service provider legally exercises the regulated profession of a health psychologist or clinical psychologist and that he does not exercise the profession. has been temporarily banned and no previous penalties have been imposed, "

(24) In § 8 (2) (3), the point shall be replaced by a supplement and the following Z 4 and 5 shall be added:

" 4.

Declaration on the knowledge of the German language.

5.

Proof of § 39 Psychologengesetz 2013 corresponding professional indemnity insurance. "

25. In § 8 (6), (1). Set, after the word sequence "could put at risk" the phrase "and cannot be compensated for by professional experience or by the knowledge, skills and competences of the service provider, acquired through lifelong learning and formally recognised as valid by a relevant body" inserted.

26. The following paragraph 6a is inserted in accordance with Article 8 (6):

" (6a) The Federal Minister of Health may, in the case of justified doubts, give priority to the competent authorities of the Member State of establishment, by means of the IMI, all information concerning the legality of the establishment and the good management of the A service provider, as well as information on the lack of professional disciplinary or criminal sanctions. If the Federal Minister of Health decides to check the professional qualifications of the service provider, he may request information on the training courses of the service provider to the competent authorities of the Member State of establishment, in so far as this is necessary in order to assess whether there are significant differences likely to be detrimental to public health or safety. "

27. In accordance with Section 8 (8), the following paragraph 9 is added:

" (9) The Federal Minister for Health shall, if necessary, send the information referred to in paragraphs 6a and 8 to the competent authorities of the other Member States of the EU or to any other party to the EEA Agreement or to the Swiss Confederation Confederacy primarily through the IMI. "

28. In Section 9 (1), the phrase "Clinical Psychologists or Health Psychologists" through the phrase "Health psychologists or clinical psychologists" replaced.

29. In § 10, after the word order "§ 3," the phrase "§ 3a (3)," inserted.

30. § 14 Z 1 and 2 are:

" 1.

Directive 2005 /36/EC on the recognition of professional qualifications, OJ L 327, 30.4.2005, p. No. 22, as last amended by Directive 2013 /55/EU, OJ L 255, 30.9.2013, p. No. 132, as amended by the corrigendum OJ L 327, 28.12.2013, p. No. OJ L 268, 15.10.2015, p. 35,

2.

the Agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other part, on the free movement of persons, OJ No. OJ L 114 of 30.04.2002 p. 6, as last amended by Decision No 1/2015 of the Joint Committee, OJ L 114, 27.4.2002, p. No. OJ L 148/38 of 13.06.2015, "

31. According to § 14 Z 6, the following Z 7 and 8 are added:

" 7.

Implementing Regulation (EU) 2015/983. on the procedure for issuing the European professional card and the application of the pre-warning mechanism in accordance with Directive 2005 /36/EC, OJ L 327, 28.2.2005, p. No. OJ L 159/27 of 25.06.2015,

8.

Regulation (EU) No 1024/2012 on administrative cooperation with the assistance of the internal market information system and repealing Commission Decision 2008 /49/EC ("IMI Regulation") , OJ No. OJ L 316 of 14.11.2012 p. 1, as last amended by Directive 2014 /67/EU, OJ L 327, 28.12.2014, p. No. L 159, 28.5.2014 p. 11, "

32. § 15 receives the sales designation "(1)" and the following paragraph 2 is added:

" (2) § 3, § 3a including the title, § 4 para. 2, § 4 para. 3 introduction sentence, § 4 paragraph 3 Z 2 including the final part, § 4 para. 3a and para. 6, § 5 para. 1 and 2, the title to § 6, § 6 para. 2, § 8 para. 2 Z 2, 3 4 and 5, § 8 para. 6, 6a and 9 as well as § 14 Z 1, 2, 7 and 8 in the version of the Federal Law BGBl. I n ° 9/2016 are at 18. Jänner 2016 in force. "

33. The Appendix to § 3 para. 2 Z 1 is deleted.

Article 7

Amendment of the pharmacy law

The pharmacy law, RGBl. No. 5/1907, as last amended by the Federal Act BGBl. I No 32/2014 shall be amended as follows:

1. § 3 (1) and Z 1 and 2 are:

" (1) In order to obtain the concession for the operation of a public pharmacy within the meaning of this Federal Law, it is necessary:

1.

the Austrian citizenship or the citizenship of another Contracting Party to the Agreement on the European Economic Area or the citizenship of the Swiss Confederation,

2.

the general professional qualification as a pharmacist according to § 3b, "

2. § 3 (4) reads:

" (4) More information on the evidence of sufficient knowledge of the German language required for the management of a pharmacy in accordance with paragraph 1 (7) and on the organisation and conduct of the German examination, including one for the implementation of the German language The Austrian Pharmacists ' Chamber has to regulate in the transferred sphere of activity the examination of the examination charges to be paid. In determining the amount of the audit, consideration should be given to the time and expenses involved in the organisation and conduct of the audit. "

Section 3 (6) reads as follows:

" (6) From the acquisition of the concession to the operation of a public pharmacy within the meaning of this Federal Law, it is excluded who has served for more than three years in no public pharmacy or Anstaltsapotheke, and not since at least six months of such activity again. "

4. § 3 (7) reads:

' (7) From obtaining the concession to the establishment of a new public pharmacy to be established, it shall be excluded who is in possession of a legally binding concession to operate a public pharmacy or was, if, after the date of the withdrawal of the licence, the The concession or withdrawal of the concession pursuant to section 19 (1) has not passed five years. This shall not apply where a concession holder is seeking the concession to operate a new public pharmacy to be established after the concession has been withdrawn for a pharmacy and closure of the holding which has already been put into operation. "

5. According to Article 3a (1), the following subsections 1a and 1b are inserted:

" (1a) In other Member States of the Agreement on the European Economic Area or the Swiss Confederation, the Austrian Chamber of Pharmacists has completed work placements in the period of up to six months to those referred to in paragraph 1 above. to apply for a one-year period of professional training in a public pharmacy or an old-age mortgage, provided that they comply with the regulation adopted pursuant to paragraph 1b, and take account of professional placements completed in a third country.

(1b) The Federal Minister of Health may, by means of a regulation, lay down detailed rules on the conditions for the recognition of in another Member State of the Agreement on the European Economic Area (EEA) or the Swiss Confederation , or to take account of professional placements completed in a third country. "

6. § 3b (2) Z 1 reads as follows:

" 1.

in respect of one or more offences committed in the event of a criminal offence, has been sentenced to more than one year in prison or to a non-contuted custodial sentence of more than six months, as long as the conviction is not , and in accordance with the nature of the offence committed or the personality of the convicted person in respect of the possible commission of a similar or similar criminal offence for the exercise of the profession of pharmacist, unsuitable appears, or "

7. § 3b (2) Z 2 reads:

" 2.

shall not exercise the profession of pharmacist on the basis of a disciplinary, administrative, administrative or judicial criminal measure. "

8. In accordance with Section 3b (2), the following paragraph 2a is inserted:

" (2a) More information on the knowledge of the German language required for the performance of the pharmacy profession in accordance with paragraph 1 (3) and on the organisation and conduct of the German examination, including one for the conduct of the examination The Austrian Pharmacists ' Chamber has to regulate in the transferred sphere of activity by means of a regulation. In determining the amount of the audit, consideration should be given to the time and expenses involved in the organisation and conduct of the audit. "

9. In accordance with Section 3b (3), the following paragraphs 3a and 3b are inserted:

" (3a) The proof of the reliability referred to in paragraph 1 Z 2 shall be determined by:

1.

a certificate of criminal records or a comparable proof of the country of origin or of the country of origin; and

2.

provided that they provide for the laws, regulations and administrative provisions of the Member State of origin or the country of origin, by means of a certificate of disciplinary criminal records or a comparable proof

, The certificates may not be older than three months in the case of their submission.

(3b) If the Austrian Chamber of Pharmacists has knowledge of a situation which has occurred outside the territory of the Federal Republic of Germany and may be likely to give rise to doubts as to the reliability of the applicant, it may: (b) inform the State concerned and request it to examine the facts and inform it within three months whether, in the light of the facts, the person concerned is against the person concerned;

1.

in that State, or

2.

is pending a disciplinary, administrative, criminal or justice criminal or criminal proceedings; or

3.

a disciplinary, administrative, administrative or justice criminal measure has been imposed. "

10. In Section 3c (2), the word order shall be " 2013/25/EU, OJ No. OJ L 158, 10.6.2013 p. 368 " through the phrase " 2013/55/EU, OJ No. L 345 of 28.12.2013 p. 132 " replaced.

11. § 3c (3) reads:

' (3) The Austrian Chamber of Pharmacists shall recognise evidence of formal qualifications satisfying the minimum training requirements laid down in Article 44 of Directive 2005 /36/EC if the evidence of formal qualifications is not in accordance with the provisions of Annex V, point 5.6.2. of the Directive 2005 /36/EC, however, is accompanied by a certificate issued by the competent authorities or bodies, according to which it is established, or if it is otherwise established that these evidence of formal qualifications are to be completed of an education pursuant to Article 44 of Directive 2005 /36/EC and of the The Member State which issued it shall be equivalent to the evidence of formal qualifications referred to in Annex V, point 5.6.2. of Directive 2005 /36/EC. "

12. In Section 3c (4) (2), the word order shall be "Accompanied by a certificate stating" through the phrase "Accompanied by a certificate" replaced.

13. § 3c (5) to (7) are:

" (5) The applicant shall not fill in full the requirements of the professional practice referred to in paragraph 4 (2), the Austrian Chamber of Pharmacists shall have the evidence of formal qualifications of the applicant on the basis of his or her previous activity in accordance with the conditions laid down in paragraphs 7 and 7a of this Article. .

Evidence of formal qualifications issued by a third country shall be treated as evidence of formal qualifications as provided for in paragraph 1, provided that the holder of the training certificate

1.

is entitled to exercise the profession of pharmacist in another Member State of the EU or of any other party to the EEA Agreement or of the Swiss Confederation,

2.

a certificate issued by the Member State in accordance with Z 1 above that it has effectively and lawfully exercised the profession of pharmacist in the territory of that State for three years; and

3.

at the time of application on the nationality of a Contracting Party to the EEA Agreement or of the Swiss Confederation.

(7) In the case of applications submitted in accordance with paragraphs 5 and 6, recognition of the evidence of formal qualifications in the condition of completing a practical training in a public pharmacy or a trainee pharmacy pursuant to § 3a is to be made as a compensatory measure if: The training course is significantly different from the Austrian training to the pharmacist and the main difference is not due to the consideration of the previous work experience, continuing education and further training in a knowledge, experience and knowledge acquired by a Member State or a third country; Skills which have been formally recognised as valid by a relevant body of that State. A significant difference in training is provided when:

1.

the applicant ' s training to date relates to professional activities in subjects with substantial differences in content with regard to the training certified by the evidence of formal qualifications in accordance with Section 3a, and if the training provided for in Article 3 (a) of the present application is in knowledge, experience and skills acquired by these subjects constitute an essential prerequisite for the conscientious exercise of the profession of pharmacist; or

2.

where the professional image of the pharmacist defined by law or regulation includes one or more activities which are or are not part of the relevant professional image in the applicant's country of origin, and where, in relation to that, the applicant's professional image is In the case of an activity or activities in Austria, special training is required, the subjects of which are significantly different from those covered by the applicant ' s evidence of formal qualifications. "

14. According to Article 3c (7), the following paragraphs 7a to 7d are inserted:

" (7a) The duration and nature of the applicant ' s previous activities shall be taken into account in the case of the advance of a compensatory measure, as well as the extent to which pharmacists ' activities have been carried out on their own account and the period of time of their return. the last activity as a pharmacist as well as any interruptions of this activity.

(7b) The provision of practical training as a compensatory measure in accordance with paragraph 7 shall be omitted if the evidence of formal qualifications of the applicant on the basis of a common training framework referred to in Article 49a of Directive 2005 /36/EC , provided that this training framework complies with the conditions laid down in Article 49a (2) of the Directive.

(7c) In the case of applications for recognition of a training certificate relating to a specialisation obtained after training for the acquisition of a training certificate in accordance with Annex V, point 5.6.2. of Directive 2005 /36/EC, paragraphs 7 to 7b , with the proviso that the applicant must choose to take a compensatory measure between a practical training in a public pharmacy or an anstaltsapotheke and an aptitude test. With regard to the organisation and conduct of the aptitude test, § 3g (10) applies.

(7d) The applicant shall:

1.

proof of nationality,

2.

its evidence of formal qualifications, proof of professional qualifications in the country of origin and, where appropriate, proof of professional experience acquired,

3.

proof of the reliability required for the fulfilment of the professional duties in accordance with § 3b (3a) and

4.

a certificate issued by the State of origin that the profession has not been temporarily or definitively prohibited and that there is no criminal record; and

5.

proof of residence or of an authorised representative in Austria

. Proof of proof according to Z 3 may not be older than three months in the case of your submission. In case of reasonable doubt and as far as is absolutely necessary, certified copies and, if necessary, certified translations of the documents and certificates may be required by the Austrian Pharmacists ' Chamber. The applicant shall notify the Austrian Chamber of Pharmacists immediately of any change in the place of residence or of the authorised representative (Z 5). "

Article 3c (8) reads as follows:

"(8) The Austrian Chamber of Pharmacists shall confirm the submission of an application in accordance with paragraph 1 and the documents referred to in paragraph 7d within one month, and shall, if necessary, grant any improvement orders."

16. According to Article 3c (8), the following paragraph 8a is inserted:

" (8a) If there are reasonable doubts as to a document submitted by the applicant, the Austrian Pharmacists ' Chamber shall, if necessary, have a confirmation from the competent authorities of the home or country of origin of the certificate. the authenticity of the certificate issued and, where appropriate, a confirmation that the applicant complies with the minimum training requirements laid down in Article 44 of Directive 2005 /36/EC. "

17. § 3c (9) reads:

" (9) The Austrian Pharmacists ' Chamber has the recognition of qualifications

1.

in cases where an automatic recognition is provided for under Directive 2005 /36/EC (paragraph 1) 2 to 4 and 7b), within three months and

2.

in cases where no automatic recognition is provided for under Directive 2005 /36/EC (paragraph 2). 5, 7 and 7c), within four months

from the date of submission of the application and of the complete dossier. § 6 of the Service Act (DLG), BGBl. I No 100/2011, shall apply. '

18. In accordance with § 3c (10), the following paragraph 10a is inserted:

" (10a) Insofar as the procedure for the recognition of professional qualifications determines that the applicant has used forged professional qualifications, the Austrian Chamber of Pharmacists shall have the competent authorities of the other Contracting Parties to the EEA Agreement or the Swiss Confederation by way of the EU Internal Market Information System (IMI) within three days of a final decision of the ordinary court, in accordance with the provisions of Article 56a of the Directive 2005 /36/EC and the Implementing Regulation (EU) 2015/983 to inform. The professional staff shall be informed in writing. It may request a review of the legality of the notification in a procedure to be carried out in a modest way. In the event of a review of the unlawfulness of the notification, the notification shall be rectified or withdrawn. "

19. The following paragraphs 14 to 19 shall be added to section 3c:

' (14) The Austrian Chamber of Pharmacists shall, on request, have the qualifications issued by a Contracting Party to the Agreement on the European Economic Area or the Swiss Confederation for the profession of pharmacist in accordance with the provisions of the paragraphs 2 to 6 by the European professional card, in accordance with the provisions of Article 4a et seq. of Directive 2005 /36/EC and of the Implementing Regulation (EU) 2015/983.

(15) At the request of persons who legitimately exercise the profession of pharmacist in Austria or who have obtained the State Pharmacy Diploma in Austria in accordance with § 3a and a recognition of their qualification certificate in another EEA State Party, or of the Swiss Confederation by means of the European professional card shall be submitted by the Austrian Chamber of Pharmacists to the State of origin in accordance with the provisions of Article 4a et seq. of Directive 2005 /36/EC and of the Implementing Regulation (EU) 2015/983.

(16) The Austrian Chamber of Pharmacists must notify the application for the European Professional Card to be issued by the Austrian Chamber of Pharmacists, if the conditions for issuing the European Professional Card are not available.

(17) The Austrian Chamber of Pharmacists has to revoke a European professional card issued by a pharmacist with a communication if it turns out that the conditions for its exhibition were not initially already in place. or have subsequently fallen away.

(18) The Austrian Chamber of Pharmacists has to deal with detailed warnings in accordance with the provisions of Article 56a of Directive 2005 /36/EC and Chapter II of the Implementing Regulation (EU) 2015/983 and the European Union To update the professional statements of pharmacists affected by a warning.

(19) The Federal Minister of Health may adopt detailed provisions on the procedures laid down in paragraphs 14 to 18 by Regulation. "

20. In accordance with § 3d (1), the following paragraph 1a is inserted:

" (1a) The Austrian Chamber of Pharmacists shall recognise the general right of a pharmacist to have a general professional authorization if the pharmacist is more than one-year-old on account of one or more offences committed with a charge of criminal proceedings. a custodial sentence or a non-contented sentence of imprisonment of more than six months for as long as the conviction is not satisfied, and on the basis of the peculiate nature of the offence committed or the personality of the person in question; Convicted with regard to the possible commission of the same or similar criminal act for the exercise of the pharmacist's profession appears unsuitable. "

Section 3d (3) reads as follows:

"(3) In the case of the superstipation of the general professional authority referred to in paragraph 1 or 1a, a request for a new grant may be submitted at the earliest after the expiry of six months after the legal force of the appellant pursuant to para. 1 or 1a."

(22) The following paragraph 5 is added to § 3d:

" (5) The Austrian Chamber of Pharmacists shall have the competent authorities of the other Contracting Parties to the EEA Agreement or of the Swiss Confederation by means of the EU Internal Market Information System (IMI) within three days of the legal force of the Decision pursuant to para. 1, 1a or 2 or in accordance with § 41 (1) Z 3, or Z 5 pharmacy law 2001 in accordance with the provisions of Article 56a of Directive 2005 /36/EC and of the Implementing Regulation (EU) 2015/983 on the withdrawal or erasal of the to inform the general right of professional entitlement under the conditions laid down in paragraphs 1, 1a and 2. The professional staff shall be informed in writing. It may request a review of the legality of the notification in a procedure to be carried out in a modest way. If, in the context of the review, the unlawfulness of the notification is determined, the notification shall be corrected or withdrawn. In the event of a renewed grant of the general right of professional authority in accordance with paragraph 4, the competent authorities of the other Contracting Parties to the EEA Agreement or of the Swiss Confederation shall be immediately informed of this fact. and shall delete the warning within three days of a final decision from the IMI. "

23. According to § 3f, the following § § 3g and 3h shall be inserted together with the headings:

" Temporary provision of services

§ 3g. (1) nationals of a Contracting Party to the EEA Agreement or of the Swiss Confederation may be nationals of Austrian pharmacies without the prior grant of the general professional authorization by the Austrian Pharmacists ' Chamber temporarily and occasionally provide services within the meaning of Directive 2005 /36/EC on the recognition of professional qualifications if they are lawfully established in one of the listed States for the purposes of the profession of pharmacist.

(2) The temporary and occasional nature of the provision of services referred to in paragraph 1 shall be assessed on a case-by-case basis, in particular on the basis of the duration, frequency, recurrence and continuity of the services provided for in paragraph 1. Provision of services. The knowledge of the German language required for the performance of the service must be available.

(3) Prior to the initial provision of a service which requires a temporary stay in Austria, the service provider of the Austrian Pharmacists ' Chamber shall notify the following documents in writing to the following documents: :

1.

Proof of nationality,

2.

Certificate issued by the competent authority of one of the Contracting Parties to the Agreement on the European Economic Area or the Swiss Confederation, which states that the service provider is legally responsible for the profession of pharmacist is established that the exercise of this profession at the time of the submission of the certificate is not prohibited, even temporarily, and that there is no criminal record,

3.

Proof of professional qualifications and

4.

Declaration on the existence of the knowledge of the German language required for the exercise of the pharmacist's profession.

(4) The notification shall be renewed once a year, calculated from the date of receipt of the notification to the Austrian Chamber of Pharmacists, if the service provider intends to temporarily or unoccasionally during the year in question. Services in Austria. In the event of a substantial change to the facts certified in the documents referred to in paragraph 3 (3) (1) to (3), the documents required for this purpose must be submitted again for the necessary documents.

(5) The documents and certificates referred to in paragraph 3 shall be submitted, if necessary, in certified translation, in the original or in certified copy and foreign-language documents. They may not be older than three months in the case of their submission, except for the proof of professional qualification referred to in paragraph 3 Z 3. Information on details of insurance cover may be required from the provider within the meaning of paragraph 1.

(6) Before taking up the service in Austria, the Österreichische Apothekerkammer has to verify the professional qualification of the service provider, provided that:

1.

the verification is necessary to prevent a serious impairment of the health of the recipient of the service by reason of a lack of professional qualification of the service provider; and

2.

the provider does not have the appropriate professional qualification in accordance with § 3c (2), (3), (4) or (7b).

(7) The Austrian Pharmacists ' Chamber shall have the service provider within one month of receipt of the complete notification as referred to in paragraph 3

1.

on its decision to allow the provision of the service without reconsidering its professional qualification, or

2.

If the verification is carried out on the outcome of the investigation

shall be informed. In any event, if difficulties arise, in particular any substantive or formal procedural questions, which could lead to a delay, the Austrian Pharmacists ' Chamber shall, in any event, have the service provider within one month of the reasons for the delay and fix the difficulties within a further month. The decision on the verification referred to in paragraph 6 shall take place no later than two months after the difficulties have been resolved.

(8) If the investigation reveals that there is a significant difference between the professional qualification of the service provider and the Austrian pharmacy training, it is so great that it risks endangering the health of the service provider and the Austrian pharmacist training. the recipient of a service, and this difference not by professional experience or by the continuing and further training which is formally recognised as valid by a relevant body of the respective Member State or third country in a knowledge, experience and knowledge acquired by a Member State or a third country The Austrian Pharmacists ' Chamber shall, within one month from the notification of the decision, give the service provider the opportunity to prove, in the course of an aptitude test, that he/she is missing the missing person. has acquired knowledge, experience and skills. Within one month of the successful completion of the aptitude test, the Austrian Pharmacists ' Chamber shall issue a written confirmation that the service provider is responsible for the temporary or occasional Provision of services in Austria is justified. If the service provider is unable to provide proof in the course of the aptitude test, the Austrian Pharmacists ' Chamber has to prohibit the provision of services with a communication.

(9) The provision of the service may

1.

in cases of paragraph 6 following a positive decision by the Austrian Chamber of Pharmacists or, if no decision is taken, at the end of the periods referred to in paragraph 7,

2.

otherwise, after notification and receipt of the complete and non-free documents referred to in paragraph 3

be included.

(10) The organisation and conduct of the aptitude test in accordance with paragraph 8 is the responsibility of the Austrian Pharmacists ' Chamber, which may serve a third party for this purpose. The Austrian Chamber of Pharmacists has to lay down more detailed rules on the organisation and conduct of the aptitude test, including an audit certificate to be paid for the performance of the aptitude test. In determining the amount of the audit, consideration should be given to the amount of time and material involved in the organisation and conduct of the audit.

(11) If necessary, the service provider or its service provider shall submit to the Austrian Chamber of Pharmacies the documents necessary for the assessment of whether the activity carried out by the service provider meets the requirements of the Provision of a service in accordance with paragraph 2 is required. If the assessment shows that the activity is not only temporary and occasional, that result must be communicated to the service provider and, if the continuation of the activity is to the same extent, to the requirement the issue of the general right to work in accordance with § 3b. If the service provider neither reduces the activity to the extent of a service provision in accordance with paragraph 2, nor requests the granting of the general professional authorization in accordance with § 3b, the Austrian Pharmacists ' Chamber has a A notice of determination according to which, under the given conditions, the performance of a further pharmacist activity in Austria by the service provider is not permitted.

(12) The service provider has the rights and obligations of a pharmacist when the service is provided in Austria. It is subject to the statutory and other provisions of the professional law and to the disciplinary provisions. If the service provider is in breach of the provisions of professional law or disciplinary provisions, the Austrian Pharmacists ' Chamber shall, in addition, immediately inform the competent authority of the State of origin or the State of origin pursuant to paragraph 3 Z 2.

(13) The Austrian Chamber of Pharmacists may, in accordance with Article 56 of Directive 2005 /36/EC on the recognition of professional qualifications in the case of justified doubt, be a party to the EEA Agreement or to the competent authorities of another Contracting Party to the EEA Agreement or to the Swiss Confederation for each provision of a service request all information on the legality of the establishment and the good management of the service provider, as well as information on the non-existence of a service provider criminal penalties, withdrawal, revocation or fame the right to pursue a disciplinary action, the absence of any facts which would justify the exercise of the activity and the absence of any facts which would justify any such sanctions or measures. In the event of an examination of the professional qualification referred to in paragraph 6, the Austrian Chamber of Pharmacists may, with the competent authorities of another Contracting Party to the Agreement on the European Economic Area or the Swiss Confederation, be responsible for To request information on the training courses of the service provider, in so far as this is necessary for the assessment of whether there are substantial differences which are likely to be detrimental to public health, is required.

(14) At the request of the competent authorities of another Contracting Party to the Agreement on the European Economic Area or the Swiss Confederation, the Austrian Pharmacists ' Chamber shall, in accordance with Article 56 of Directive 2005 /36/EC, on the recognition of professional qualifications of the requesting authority, all information on the legality of the establishment, the good management of the service provider, the non-existence of professional disciplinary or criminal law Sanctions and the training courses of the service provider.

(15) A national of a Contracting Party to the Agreement on the European Economic Area or the Swiss Confederation, acting in Austria as a generally professional pharmacist, shall, on request for the purpose of: Provision of services in another Contracting Party to the Agreement on the European Economic Area or the Swiss Confederation of the Austrian Pharmacists ' Chamber to issue certificates to the effect that:

1.

in Austria, he is entitled to pursue the profession of pharmacist,

2.

it is not prohibited, even temporarily, to carry out this activity at the time of the submission of the certificate,

3.

he has a necessary professional qualification certificate.

(16) In the case of the eligibility for the temporary provision of services, § 3d shall apply mutatily.

Temporary provision of services-European professional card

§ 3h. (1) The Austrian Chamber of Pharmacists shall, on request, have the procedure relating to the temporary provision of services in accordance with Section 3g of the European Professional Card in accordance with the provisions of Article 4a et seq. of Directive 2005 /36/EC and of the provisions of Article 4a et seq. Implementing Regulation (EU) 2015/983.

(2) At the request of persons legally exercising the profession of pharmacy in Austria and the temporary provision of services in another EEA Contracting State or the Swiss Confederation by way of the European professional card shall apply by the Austrian Chamber of Pharmacists to carry out the tasks assigned to the Member State of origin in accordance with the provisions of Article 4a et seq of Directive 2005 /36/EC and of the Implementing Regulation (EU) 2015/983.

(3) Section 3c (10a) and (16) to (18) shall apply mutatily.

(4) The Federal Minister of Health may lay down more detailed provisions on the procedure laid down in paragraphs 1 and 2 by Regulation. "

24. § 67a Z 1 and 2 are:

" 1.

Directive 2005 /36/EC of the European Parliament and of the Council of 7 September 2005 on the recognition of professional qualifications, OJ L 139, 30.4.2005, p. No. 22, as last amended by Directive 2013 /55/EU, OJ L 255, 30.9.2013, p. No. 132, as amended by the corrigendum OJ L 327, 28.12.2013, p. No. OJ L 305, 24.10.2014 p. 115;

2.

the Agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other part, on the free movement of persons, OJ No. 6), as last amended by the Decision of the Joint Committee No 1/2015, OJ L 327, 28.2.2002, p. No. OJ L 148/38 of 13.6.2015; "

Section 68a is added to the following paragraph 7:

" (7) § 3 (1) Z 1 and 2, para. 4, 6 and 7, § 3a (1a) and (1b), § 3b (2), (2a), (3a) and (3b), § 3c (2), (3), (4) Z 2, 5 to 7, 7a to 7d, 8, 8a, 9, 10a, and 14 to 19, § 3d (1a), (3) and (5), § 3g and 3h together with transcripts, as well as § 67a Z 1 and 2 in the Constitution of the Federal Law BGBl. I n ° 9/2016 are at 18. Jänner 2016 in force. "

Article 8

Amendment of the Pharmacerkammergesetz 2001

The pharmacerkammergesetz 2001, BGBl. I n ° 111/2001, as last amended by the Federal Law BGBl. I n ° 46/2014 shall be amended as follows:

1. § 2 para. 4 Z 12 reads:

" 12.

lists of all pharmacies, members of the pharmacists ' chamber and cross-border service providers pursuant to § 3g of the pharmacy act, "

2. In accordance with Section 2a (1) Z 1, the following Z 1a and 1b shall be inserted:

" 1a.

the approval of the practical training of pharmacists in the half-service according to § 5 (2) of the Pharmaceutical Skilled Labour Regulation,

1b.

the approval of the interruption of the practical training of pharmacists according to § 5 (6) of the Pharmaceutical Skilled Labour Regulation, "

3. § 2a (1) Z 6 reads:

" 6.

the superstipation of the general professional authority according to § 3d para. 1 or 1a pharmacy law, "

4. Section 2a (1) (a) (6a) reads:

" 6a.

Implementation of reporting procedures and verification of professional qualifications in the case of the temporary provision of services in Austria according to § 3g and § 3h pharmacy law, "

5. In accordance with Section 2a (1) Z 6a, the following Z 6b and 6c are inserted:

" 6b.

the issuing and receiving of information pursuant to Article 56a of Directive 2005 /36/EC, as amended,

6c.

the organisation and conduct of the aptitude test in accordance with § 3g (10) of the pharmacy law, "

6. § 2a Para. 1 Z 18, the following Z 18a and 18b shall be inserted:

" 18.

the issue of certificates referred to in Article 7 (2) (lit). (b) and Article 50 of Directive 2005 /36/EC,

18a.

carrying out tasks in connection with the issuing of the European Professional Association pursuant to § 3c (15) to (18) and § 3h (2) and (3) of the Pharmacy Act,

18b.

Administrative cooperation and exchange of information with the competent authorities of the other Contracting Parties to the EEA Agreement in accordance with § 3a (10a) and (18), § 3b (3b) (3b), § 3c (10a), (13) and (18), § 3d (5), § 3g (13), (14) and (16) and § 3h (3) (3) Pharmacy Law, "

Section 2a (2) reads as follows:

" (2) For those in the matters referred to in paragraph 1 (1a) (1a), (1b) , 2 to 6, 7 to 15 , 17 to 19 and 21 procedures to be carried out are, in so far as the Pharmacy Act does not contain specific provisions, the General Administrative Procedure Act 1991, BGBl. No. 51. "

8. In Section 2a (4), the word in Z 2 shall be: "and" replaced by a dash and in Z 3 the final point is replaced by a dash; the following Z 4 and 5 are added:

" 4.

Regulation on the organisation and implementation of the examination of sufficient knowledge of German in accordance with § 3 (4) and § 3b (2a) of the German pharmacy law, including an examination of examinations to be paid for the conduct of the examination and

5.

Regulation on the organisation and conduct of the aptitude test in accordance with § 3g (10) of the German pharmacy law, including an examination to be paid for the performance of the examination. "

9. According to § 7, the following § 7a with headline is inserted:

" Cross-border service providers

§ 7a. Cross-border service providers according to § 3g of the pharmacy law are not subject to membership of the Austrian Pharmacists ' Chamber. However, § 8 (4), § 8 (5) and § § 39 to 70 shall apply to them in accordance with the provisions of Section 8 (5). "

10. In § 10 para. 2 Z 13 the word "and" is replaced by a dash; Z 14 is:

" 14.

the authorisation of a regulation on the organisation and conduct of the examination of sufficient knowledge of German in accordance with § 2a (4) (4) (4), "

11. § 10 (2) the following Z 15 and 16 shall be added:

" 15.

the release of a regulation on the organisation and conduct of the aptitude test in accordance with Section 2a (4) Z 5 and,

16.

the concern of other matters which have been expressly delegated to the Assembly of Delegates by law or regulation. "

The following paragraph 5 is added to § 40:

"(5) If a pharmacist or aspirant departs from the membership of the Austrian Pharmacists ' Chamber after the commission has committed a disciplinary offence, the statute of limitations shall be inhibited until the date of any new membership."

Section 81 shall be added to the following paragraph 15:

" (15) § 2 paragraph 4 Z 12, § 2a (1) Z 1a and 1b, 6a and 6b, 18, 18a and 18b, § 2a Para. 2 and 4 Z 2 to 5, § 7a together with the title, § 10 sec. 2 Z 13 to 16 as well as § 40 paragraph 5 in the version of the Federal Law BGBl. I n ° 9/2016 are at 18. Jänner 2016 in force. "

Article 9

Amendment of the salary collection law 2002

The Salary Collection Act 2002, BGBl. I n ° 154/2001, as last amended by the Federal Law BGBl. I No 172/2013, shall be amended as follows:

1. § 1 para. 2 Z 1 reads:

" 1.

the dimensioning and payment of the remuneration of all the pharmacists and aspirants generally employed in public pharmacies or in hospital pharmacies on the basis of a service contract, of persons who act as a compensatory measure in accordance with § 3c Section 7 of the Pharmacies Act, RGBl. No 5/1907, a one-year professional training in a public pharmacy or hospital pharmacy, as well as pharmacists who, according to § 3g of the Pharmacies Act, temporarily and occasionally provide services within the meaning of Directive 2005 /36/EC on the recognition of professional qualifications, "

2. Section 3a (2) reads:

"(2) Pharmacists within the meaning of this Federal Law are also pharmacists who provide temporary and occasional services within the meaning of Directive 2005 /36/EC on the recognition of professional qualifications in accordance with § 3g of the Pharmacies Act."

3. In § 1 para. 2 Z 3, § 2 para. 1, § 5 para. 2, § 6 para. 2 Z 1 and 2, § 6 para. 3 Z 1, § 8 para. 5, § 11 para. 1, 3 and 4, § 12 para. 1, § 13 para. 1, § 14 para. 4, § 19 para. 2 Z 5 and 6, § 43 (1) and (2) and § 74 (4), the words are respectively "Anstaltsapotheke" or "Anstaltsapotheken" by the words "Hospital Pharmacy" or "Hospital Pharmacies" replaced.

4. § 75a the following paragraph 3 is added:

" (3) § 1 (2) (1) and (3), § 2 (2), § 3a (1) and (2), § 5 (2), § 6 (2) Z 1 and 2, § 6 (3) (1), § 8 (5), § 11 (1), (3) and (4), § 12 (1), § 13 (1), § 14 (4), § 19 (2) Z 5 and 6, § 43 (1) and (2) and 74 (4) as amended of the Federal Law BGBl. I n ° 9/2016 are at 18. Jänner 2016 in force. "

Article 10

Amendment of the Tierärztegesetz

The Tierärztegesetz, BGBl. No. 16/1975, as last amended by the Federal Act BGBl. I n ° 80/2013, shall be amended as follows:

1. § 3 para. 2 Z 3 reads:

" 3.

A graduate degree in veterinary medicine, completed at the University of Veterinary Medicine, Vienna, or a diploma in veterinary medicine at the University of Veterinary Medicine, Vienna, foreign degree or a professional qualification in accordance with Directive 2005 /36/EC on the recognition of professional qualifications, OJ L 206, 22.7.2005, p. No. 22, as last amended by Directive 2013 /55/EU, OJ L 255, 30.9.2013, p. No. 132, as amended by the corrigendum OJ L 327, 28.12.2013, p. No. 115, equivalent training certificate, which may be accompanied by the certificates provided for therein, "

2. § 3 (2) Z 5 reads:

" 5.

for nationals of Contracting Parties to the EEA Agreement-certificate issued by the competent authority of the Member State of origin or the State of origin, that the provider is lawfully established as a veterinarian for the purposes of the pursuit of the profession sought; and that he has not been temporarily or permanently banned from carrying out the veterinary profession and that he has not been subject to any criminal penalties. "

(3) The following paragraph 6 is added to § 4a:

" (6) In the case of justified doubts, the Board may, as a matter of priority, inform the competent authorities of the Member State of establishment, through the Commission's IMI (Internal Market Information System) system, all information concerning the Request the legal status of the establishment and the good management of the service provider, as well as information that there are no professional disciplinary or criminal sanctions. If the board decides to check the professional qualifications of the service provider, it may, with the competent authorities of the Member State of establishment, request information on the training courses of the service provider, in so far as this is applicable to the To assess whether there are significant differences that are likely to be detrimental to public health or safety. "

4. § 6 (7) reads:

" (7) The Board has ordinary Members (§ 9 TÄKamG) to issue a certificate to the Chamber at the request of the Board to certify that it

1.

is legally exercising the profession of veterinary medicine within the scope of this Federal Act; and

2.

for the self-employed exercise of the veterinary profession on the basis of a recognised professional qualification (§ 3 para. 2 Z 3), and

3.

they have not been temporarily or permanently prohibited from carrying out the veterinary profession and have not been subject to any criminal penalties. "

5. The following paragraphs 9 and 10 are added to § 6:

" (9) In the case of nationals of States Parties to the EEA Agreement, the application in accordance with paragraph 1 may also be made in electronic form via the single point of contact (Art. 57a Directive 2005 /36/EC). In case of reasonable doubt and as far as is absolutely necessary, certified copies of the evidence may be required by the Board. § 6 Services Act, BGBl. I No 100/2011, (procedure on the single point of contact) should be applied accordingly.

(10) Where the procedure for the recognition of professional qualifications determines that the applicant has used forged professional qualifications, the board shall have the competent authorities of the other Member States of the EU or any other party to the EEA Agreement or the Swiss Confederation by means of the IMI within three days of the date of the final decision of the ordinary court, in accordance with the provisions of Article 56a of the Directive 2005 /36/EC and the Implementing Regulation (EU) 2015/983. The applicant shall be informed in writing and may request a review of the lawfulness of the notification in a procedure to be carried out in a modest way. In the event of a review of the unlawfulness of the notification, the notification shall be rectified or withdrawn. "

6. In accordance with § 75c, the following § 75d is inserted:

" § 75d. § 3 (2) (3) and (5), § 4a (6) and 6 (7), (9) and (10) in the version of the Federal Law BGBl (Federal Law Gazette). I n ° 9/2016 are at 18. Jänner 2016 in force. "

Article 11

Amendment of the Tierärztekammergesetz

The Tierärztekammergesetz, BGBl. I n ° 86/2012, as last amended by the Federal Law BGBl. I n ° 80/2013, shall be amended as follows:

1. The following paragraphs 4 to 6 are added to § 4:

" (4) The Tierärztekammer shall have the competent authorities of the other Member States of the EU or of any other Contracting Party to the EEA Agreement or of the Swiss Confederation concerning the erasure and resting of the right to practise their profession (§ § § § § § § § § § § § § § § § § § § 7, 10 Tierärztegesetz), the waiver of the exercise of the profession (§ 8 para. 1 of the Veterinary Act), the failure to exercise the profession (§ 64 para. 1 Z 4), the temporally limited refusal of the profession (§ 64 para. 1 Z 3) or on the resumption of the professional exercise (Section 8 (2), § 9 of the Veterinary Medical Law) by the IMI within three days after the final decision of the final decision in accordance with the provisions of Article 56a of Directive 2005 /36/EC and the implementing Regulation (EU) 2015/983. If the decision has been taken by the Tierärztekammer itself, the transfer shall take place within three days from the date of knowledge of the legal force. The professional staff must be informed in writing of this, which may request a review of the lawfulness of the notification in a procedure to be carried out in a modest way. If, in the context of the review, the unlawfulness of the notification is determined, the notification shall be corrected or withdrawn.

(5) The information referred to in paragraph 4 shall be limited to the following:

1.

the identity of the professional,

2.

of the profession concerned,

3.

information concerning the authority or the court which has taken the decision on limitation or subsatiation;

4.

the scope of limitation or subsatiation,

5.

Period of time in which the restriction or subsaiance applies.

(6) The Tierärztekammer (Tierärztekammer) may provide foreign authorities with information on pending proceedings which have not yet been completed and which have not yet been passed on to the veterinary profession. "

2. In accordance with Article 86 (3), the following paragraph 4 is added:

" (4) § 4 (4) to (6) in the version of the Federal Law BGBl. I N ° 9/2016 is 18. Jänner 2016 in force. "

Fischer

Faymann