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

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9. Federal Law, with which the Medical Law 1998, the Music Therapy Act, the Psychotherapy Act, the EEA Psychotherapy Act, the Psychologists Act 2013, the EEA Psychologists Act, the Pharmacy Law, 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

Changes to the Medical Act 1998

Article 2

Changes to the Music Therapy Act

Article 3

Modification of the Psychotherapy Act

Article 4

Modification of the EEA Psychotherapy Act

Article 5

Changes to the Psychologists Act 2013

Article 6

Revision of the EEA Psychologist 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

Changes to the Tierärztegesetz

Article 11

Changes to the Tierärztekammergesetz

Article 1

Amendment of the Medical Act 1998

The Medical Law 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 read:

" 1.

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.  OJ L 286, 15.10.2015 p. 35,

2.

the Agreement between the European Community and its Member States, on the one hand, and the The Swiss Confederation, on the other hand, 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. In accordance with Section 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 alert mechanism in accordance with Directive 2005 /36/EC, OJ L 206, 22.7.2005, p. No.  OJ L 159/27 of 25.06.2015,

11.

Regulation (EU) No 1024/2012 on Administrative Cooperation with the Help 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.  OJ L 159, 28.5.2014 p. 11, "

3. The following sentence shall be added to Section 4 (3a):

"Reviews of sufficient knowledge of the German language may only be carried out after the recognition of the professional qualification."

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

5. § 13b Z 3 reads:

" 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 Paragraph 7 "

6. Section 27 (2) reads:

" (2) Persons intending to pursue a medical profession as a general practitioner, a specialist or a gymnastic practitioner, have before commence their medical practice at the Austrian Medical Association by means of the To register medical associations in the federal states for entry into the medical list and to provide the necessary documents (personal and educational qualifications and other documents) to prove the relevant general and special requirements for the Self-employed or self-employed exercise of the 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. Section 27 (7) and (8) shall be deleted.

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

" Recognition of EEA Professional Qualifications-Procedures-Single Contact person

§ 28. (1) The applicant has the Austrian Medical Association

1.

proof of nationality,

2.

Certificate of qualification, proof of professional qualification in the home country, and where appropriate, proof of professional experience acquired,

3.

A proof of the health required to meet the professional duties Suitability,

4.

A proof of the trustworthiness required to meet the professional requirements.

5.

a certificate from the home state that the profession is not temporary, or has been definitively banned and there is no criminal record, and

6.

evidence of delivery address

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

(2) The application can 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 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 has to confirm the receipt of the documents within one month by means of the medical chambers in the Federal States, and to inform the Austrian Medical Association of the documents missing. The decision on the recognition has

1.

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

2.

in cases where no automatic recognition is provided due to Directive 2005 /36/EC is (§ 5a), within four months

the receipt of the complete required documents to the single contact person or to the Austrian Medical Association. 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 presented by the tradesman, the Austrian Medical Association shall, if necessary, have a competent authority in the home or country of origin Confirmation of the authenticity of the certificate issued and, where appropriate, a confirmation that the applicant must meet the minimum requirements for the appropriate training referred to 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 following: 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 by means of the EU's Internal Market Information System (IMI) within three days of the entry into force of the Final decision of the ordinary court in accordance with the provisions of the article  56a of Directive 2005 /36/EC and of 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 verification of the unlawfulness of the notification, the notification shall be corrected or withdrawn. '

9. § 30 together with headline reads:

" Early warning mechanism, disclosure requirements and certificates

§ 30. (1) The Austrian Medical Association has within its scope of action the competent authorities of the other Member States of the EU or of any other party to the EEA Agreement or the Swiss Confederation, at the latter's request, the information required for the application of Directive 2005 /36/EC and Directive 2011 /24/EU by way of the Internal Market Information System (IMI) pursuant to Regulation (EU) No 1024/2012 on administrative cooperation with the aid of the Internal market information system and repealing Commission Decision 2008 /49/EC ("IMI Regulation") , OJ No.  1, on persons who are to be given the following information:

1.

in Austria are or were entered in the medical list, in particular about the existence of Measures of disciplinary, administrative, administrative or judicial penalties or other serious, precisely determined facts which relate to the self-employed exercise of the profession of medical profession or

2.

exercise your medical profession in Austria and in another Member State of the EU or any other Contracting Party to the EEA Agreement wishing to provide medical services, the legality of the exercise of the medical profession in Austria and the fact that no occupation-related measures or facts have been submitted pursuant to Z 1

(2) 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 of the Swiss Confederation concerning the Erasing and Ruhen The right to practise the profession (§ 59 (1) Z 1, 2, 4 and 5), the temporary reduction in the exercise of the profession (§ 61), the provisional failure to exercise the profession (§ 62) by the EU's internal market information system (IMI) within three days after the final decision has been taken in accordance with the provisions of the Article 56a of Directive 2005 /36/EC and of 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. In the event of a verification of the unlawfulness of the notification, the notification shall be corrected or withdrawn.

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

1.

Identity of the member of the profession,

2.

Affected profession,

3.

Information about the authority or the court that makes the decision on the restriction or Untersagung hit,

4.

Scope of restriction or subsaation

5.

The period of time that the constraint or disconnection applies.

(4) The Austrian Medical Association shall, upon request, issue a certificate to persons who are entered in the list of doctors to issue a certificate as to whether they are legally enforceable against them within the scope of this Federal Act. Disciplinary penalty has been imposed.

(5) The Austrian Medical Association may provide foreign authorities with information on pending proceedings which have not yet been completed and which are not yet legally binding.

(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 Member State concerned. Party to the EEA Agreement or the Swiss Confederation to cooperate, provide assistance and provide the necessary information with a view to ensuring the confidentiality of the information exchanged, in particular by means of: Internal Market Information System (IMI) within the meaning of the IMI Regulation, and . "

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

" 2.

Certificate issued by the competent authority of the home country or country of origin that the A service provider is lawfully established as a general practitioner or a specialist in the pursuit of the desired profession, and that the exercise of the medical profession has not been temporarily or definitively prohibited and that no such person has been granted a professional medical certificate. Pre-punishments,

3.

Professional Qualification Certificate,

4.

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

5.

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

11. In accordance with Article 37 (10), the following paragraph 10a is inserted:

" (10a) The Austrian Medical Association may, in the case of justified doubts by the competent authorities of the Member State of establishment, give priority, by way of the IMI, to all the information concerning the legality of the establishment and the request good management of the service provider, as well as information that there are no 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 Section 117b (1) Z 18, following the phrase "issuing the necessary confirmations" , the letter is deleted and the phrase " as well as the procedure for the recognition of professional qualifications in accordance with § 28, " appended.

13. § 204 Z 6 is:

" 6.

The Medical Assistants ' Law, BGBl.  I No 89/2012, "

14. Section 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 para. 3 Z 2, 4 and 5, § 37 paragraph 10a as well as § 117b paragraph 1 Z 18 in the version of the Federal Act 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 phrase "-EEA-recognition" is added to the line "§ 14 Musiktherapeutical Qualifications from the EEA" and the following lines are added after this line: inserted:

" § 14a

EEA Recognition - Procedure- Single Contact

14b

Customization Course

14c

qualifying examination

§ 14d

Assessment-Confirmation

14e

EEA Recognition-Partieller Access "

2. § 3 Z 1 and 2 are:

" 1.

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.  OJ L 286, 15.10.2015 p. 35,

2.

the Agreement between the European Community and its Member States, on the one hand, and the The Swiss Confederation, on the other hand, 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. In accordance with § 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 alert mechanism in accordance with Directive 2005 /36/EC, OJ L 206, 22.7.2005, p. No.  OJ L 159/27 of 25.06.2015,

10.

Regulation (EU) No 1024/2012 on Administrative Cooperation with the Help 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, "

4. In Section 12 (2) (2), the word "and" shall be replaced by a supplement, 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 that is required for the profession."

5. In § 12 paragraph 3 Z 2 lit.  a is replaced by the word "EEA State Party" by the phrase "Member State of the EU or any other party to the EEA Agreement"

.

6. In Section 13 (2) (2), the word "and" shall be replaced by a supplement, 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 that is required for the profession."

7. Section 14 (1) together with the title reads:

" Musiktherapeutical Qualifications from the EEA-EEA Recognition

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

1.

Self-responsibility exercise of music therapy or

2.

Professional practice in music therapy

(one) national of a Member State of the EU or of any other party to the EEA Agreement or of the Swiss Confederation from the competent authorities Authorities of a Member State of the EU or of any other Contracting Party to the EEA Agreement or of the Swiss Confederation, and those of a professional qualification referred to in Article 11, other than lit. a, of Directive 2005 /36/EC on the recognition of professional qualifications, including, where necessary, an expert opinion, to be recognised upon request. '

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

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

1.

if the previous training of the applicant (the applicant) is professional activity on theoretical and practical training contents, which differ significantly from those covered by the training certificate in Austria, or

2.

if the profession of the music therapist (the music therapist) is in the form of the person responsible or co-responsible professional practice of music therapy 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 training required in Austria for theoretical and practical training content that is significantly different from those covered by the applicant's qualifications or evidence of formal qualifications.

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 home country of the Applicant (the applicant) is in accordance with Article 11 (c), (d) or (e) of Directive 2005 /36/EC.

(1b) Key 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 adaptation period, 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, shall 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 as referred to in paragraph 1 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 concerned

1.

in a Member State of the EU or of any other party to the EEA Agreement or the Swiss Confederation is entitled to practise the profession of music therapist (the music therapist) in the form of the person responsible or responsible for the professional practice of music therapy and

2.

a certificate issued by the State in accordance with Z 1 above indicates that it (it) is the profession of Music therapist (the music therapist) has been legally practised in the form of the self-responsible or co-responsible professional practice of music therapy in the territory of that State. "

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

" (2a) Is the profession of music therapist (the music therapist) 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 The EEA Agreement or the Swiss Confederation does not regulate, the evidence of formal qualifications issued by the competent authorities for the exercise of that profession shall be proof of qualification as referred to in paragraph 1. , if the profession of music therapist (the music therapist) in The form of the person responsible or responsible for the profession of music therapy has been carried out in the Member State for a period of one year or during a corresponding total duration in part-time in the previous ten years. The requirement of a one-year professional exercise is not required, provided that the evidence of formal qualifications or qualifications confirms a regulated training. "

10. In accordance with § 14, the following § § 14a to 14e are inserted:

" EEA Recognition Procedure-Single Contact Person-Administrative Cooperation

§ 14a. (1) The Applicant (s) has

in)

1.

proof of nationality,

2.

Certificate of qualification, proof of professional qualification in the home country, and where appropriate, proof of professional experience acquired,

3.

A proof of the health required to meet the professional duties Suitability,

4.

A proof of the trustworthiness required to meet the professional requirements.

5.

a certificate from the home state that the profession is not temporary, or was finally prohibited, and

6.

A certificate of residence or of an authorized 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).

(2) The application can 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 tell us 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, according to Article 14 (1), is the pre-writing of 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 event of a suspension of the procedure of more than six months, in addition to the additional qualifications and evidence of professional experience, the application shall continue to apply to the continuation of the procedure.

1.

New evidence in accordance with paragraph 1 Z 3 and 4, and

2.

updated evidence updates as per para. 1, z 1, and 5

If an application for a continuation of the procedure is not applied, the recognition procedure shall be closed without any formalities after the expiry of two years from the date of 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 of the condition of the successful If a compensatory measure is taken, compliance with the prescribed compensatory measure must be demonstrated to the Federal Minister (the Federal Minister) for health. 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 created with 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 (s) Federal Minister 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 after a final decision of the ordinary court to be informed 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. In the event of a verification of the unlawfulness of the notification, the notification shall be corrected or withdrawn.

(8) The Federal Minister (The Federal Minister) for 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 -to cooperate with the EEA Agreement or the Swiss Confederation, to provide mutual assistance and to provide the necessary information with a view to ensuring the confidentiality of the information exchanged, in particular by means of: An internal market information system (IMI) within the meaning of the IMI Regulation.

Customization Course

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

1.

is the performance of the music therapist (the music therapist) in the form of the Responsible professional practice of music therapy in Austria under the responsibility of a music therapist (a music therapist) who is entitled to practise his/her own responsibility (a music therapist) or in connection with a training institution according to § § 9 or 10,

2.

, if it is technically required, has an additional training on a Training institution in accordance with § § 9 or 10,

3.

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

4.

can be completed within a service relationship.

(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 is to be granted, if

1.

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

2.

The professional and pedagogical aptitude of the person (s) responsible for his/her own professional practice authorized music therapist (music therapist), under whose 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

1.

Music therapist from the (from) to self-responsible professional practice (Music therapist), under whose supervision and supervision the adaptation period is completed, with the addition of a short assessment in writing and

or in writing.

2.

after completion of the adaptation course of the respective training institution according to § § 9 or 10 to carry out the evaluation

(5) Persons completing an adaptation period are only to be employed in an independent profession under the guidance and supervision of a music therapist who is entitled to practise his/her own professional practice (Music therapist) empowered in Austria.

Qualifying check

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

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

1.

which is based on a comparison between the Austrian education and training for the Responsible or co-responsible for the exercise of music therapy compulsory subjects and subject areas and the training completed by the person concerned are not covered by the subject and

2.

whose knowledge is an essential requirement for the self-responsible or is responsible for the professional exercise of music therapy,

run.

Assessment-Confirmation

§ 14d. (1) The services provided in the course of the adaptation period The success of the examination in the course of the aptitude test is with the assessment levels.

1.

"passed" or

2.

"failed"

to assess. An adjustment course or an aptitude test, which is assessed with "failed", may be repeated at most twice.

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

EEA Recognition-Partieller Access

§ 14e. (1) The Federal Minister (The Federal Minister) for Health has, on a case-by-case basis, persons who are in another Member State of the EU or any other Member State. A Contracting Party to the EEA Agreement or the Swiss Confederation shall acquire a qualification certificate in a field of music therapy and shall be qualified in that State for the pursuit of professional activity without restriction, a Partial access to the responsible professional practice of music therapy , if the following conditions are met:

1.

The differences between the lawfully exercised work in the home Member State and the co-responsible professional practice of music therapy under this federal law is so great that the application of compensatory measures of the requirement to the applicant (the applicant) would be equal, the complete training programme in to go through Austria in order to access the entire scope of To obtain the responsible professional practice of music therapy in Austria;

2.

The activities included in the acquired qualification can be objectively determined by others to separate the activities covered by the professional exercise of music therapy;

3.

There are no compelling reasons for the general interest to access partial access.

(2) § § 14, 14a to 14d and 15 para. 2 to 6 are to be applied.

(3) Persons who have been granted partial access in accordance with paragraph 1 above

1.

your profession under the professional title of your home Member State and, if necessary, in addition to the German name specified in the notice of recognition, and

2.

The patients affected (patients), as well as the service providers. Clear and unequivocal information on the extent of their professional activities to recipients of services (recipients of services). "

11. In Section 15 (2) (2) (2), the point is replaced by a dash, and the word "and" and the following Z 3 are added:

" 3.

Certificate of qualification in accordance with § 14 (1), proof of state nationality, proof of liability insurance in accordance with section 34, a certificate that the profession in the country of origin or the country of origin has not been temporarily or definitively prohibited and there is no criminal record, and a statement on the knowledge of the German language required for the profession . "

12. Section 15 (4) reads:

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

13. In Article 15 (6), following the phrase, the phrase "could be jeopardised" the phrase " and by professional experience or by the knowledge, skills and competences of the service provider (the service provider), who are liable to lifelong learning, which has been formally recognised as valid by a relevant body, cannot be compensated for ' and, following the phrase the possibility to be given, within the framework of a Aptitude Check " of the bracket expression " (§ 14c) " inserted.

14. In accordance with Article 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, give priority to the competent authorities of the Member State of establishment by means of the IMI all information on the legality request the establishment and good 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 courses 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 (the Federal Minister) for Health has persons who are registered in the music therapist list in Austria for the purpose of providing temporary service in another Member State the EU or any other party to the EEA Agreement or the Swiss Confederation, at the request of the Swiss Confederation, to issue a certificate certifying that:

1.

The person in the subject is entered in the music therapist list and 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 lawfully exercised and

2.

You are authorized to practise the profession at the time of issue of the certificate is not, even temporarily, removed.

(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 Contracting Party the EEA Agreement or the Swiss Confederation, as a matter of priority, by the IMI. "

15. § 16 deleted.

16. In accordance with Article 17 (2), the following sentence shall be 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 Article 18 (7), the following paragraph 8 is added:

" (8) The Federal Minister (the Federal Minister) for Health and/or Health 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 verification of the unlawfulness of the notification, the notification shall be corrected or withdrawn. '

18. In accordance with Article 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 according to the common language. European Framework of Reference for 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 arise from 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 education to music therapist (to music therapist) in German Language in Austria or in other German-speaking countries,

2.

German-language other university studies,

3.

successfully completed studies of the German language,

4.

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

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

" (2) The Federal Minister (The Federal Minister) for Health has 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 information required for the application of Directive 2005 /36/EC, while 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 paragraph 3 Z 1, after the phrase "in § § §" the number "14e," is inserted.

21. The following paragraph 3 shall be added to Article 39:

" (3) § 3 Z 1, 2, 9 and 10, § 12 Abs. 2 Z 2, § 12 Abs. 3 Z 2, § 13 Abs. 2 Z 2, § 14 para. 1, 1a, 1b, 1c, and 1d, § 14 paragraph 2a, § 14a to 14e, § 15 para. 2 Z 2 and 3, § 15 para. 4, 6, 8, 9 and 10, § 18 (8) § 20 para. 4a and Section 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 is:

"§ 1a. This federal law will

1.

Directive 2011 /24/EU on the exercise of patients ' rights in cross-border Health care, OJ C 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 with a 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, p. No.  OJ L 337, 20.12.2011 p. 9,

3.

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.  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 alert mechanism in accordance with Directive 2005 /36/EC, OJ L 206, 22.7.2005, p. No.  OJ L 159/27 of 25.06.2015,

5.

the Agreement between the European Community and its Member States, on the one hand, and the The Swiss Confederation, on the other hand, 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 Help 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,

into Austrian law. "

2. § 11 Z 4 reads:

4.

The health suitability required to meet the professional duties Trustworthiness as well as the knowledge of the German language required for the professional practice (§ 17 para. 3a) has been proven and "

3. In accordance with Article 17 (3), the following paragraph 3a is inserted:

" (3a) The proof of the language skills required for the professional practice is provided by a certificate of successfully completed language examination in the German language at level C2 according to the common language. European Framework of Reference for 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 arise from 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 for psychotherapist 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-language Matura or a similar and equivalent school-leaving certificate. "

4. In accordance with Article 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 Contracting Party to the EEA Agreement or of the 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. "

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

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

6. The following paragraphs 4 to 7 shall be 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 Professional authorization and deletion from the list of psychotherapists referred to in paragraphs 1 and 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 to 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 verification of the unlawfulness of the notification, the notification shall be corrected or withdrawn.

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

(6) The public prosecutors are obliged to do so, the Federal Minister of Health.

1.

from the initiation and termination of an investigative process, to the extent that a link to the the self-employed exercise of psychotherapy, and

2.

from the imposition and removal of pre-trial detention

to communicate.

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

7. Section 24 (3) reads:

"(3) This federal law provides for the legal provisions relating to the management of the term" psychologist "or" psychologist " and on the exercise of health psychology and clinical psychology according to Psychologengesetz 2013, BGBl.  I n ° 182/2013, not touched. "

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 Psychotherapy Act

The federal law on the establishment and 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 Professional approval for Psychotherapists § 3" is replaced by the line "EWR-Professional recognition for psychotherapists-Uniform contact persons § 3" .

2. The following line is inserted in the table of contents after the line "EWR Professional approval for Psychotherapists § 3":

"EWR Professional Recognition-Partieller Access § 3a"

3. § 3 with headline reads:

" EWR professional recognition for psychotherapists-Single contact person

§ 3. (1) The Federal Minister of Health shall have nationals 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 referred to in Article 1 (2) who have been issued with a certificate of qualification for the regulated profession of psychotherapist who has received a diploma in accordance with Article 11, other than lit. a, of Directive 2005 /36/EC, at the request of: To grant authorization to practise as a psychotherapist and to the Psychotherapist List according to the provisions of § 17 of the Psychotherapy 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 shall: , the qualifications issued for the exercise of that profession shall be equivalent to the qualifications referred to in paragraph 1, provided

1.

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

2.

The profession of psychotherapist for one year in the previous ten years in has been exercised by the Member State.

The requirement of one-year professional practice is no longer required, provided that the evidence of formal qualifications or qualifications confirms a regulated education.

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

1.

if the applicant's previous training is related to professional activity theoretical and practical training contents, which differ significantly from those covered by evidence of formal qualifications in Austria.

2.

if the profession of psychotherapist in Austria is one or more regulated professional Activities which are not part of the relevant regulated profession in the applicant's country of origin and where the training required in Austria relates to theoretical and practical training contents which are are significantly different from those used by the Evidence of formal qualifications of the applicant.

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 home country of the The applicant shall comply with Article 11 (c), (d) or (e) of Directive 2005 /36/EC.

(4) The Applicant has

1.

proof of nationality,

2.

Certificate of qualification, proof of professional qualification in the home country, and where appropriate, proof of professional experience acquired,

3.

a certificate from the home state that the profession is not temporary, or was finally prohibited,

4.

A proof of the health required to meet the professional duties Suitability,

5.

Proof of the trustworthiness required to meet the professional duties and

6.

Submit a certificate of residence or a delivery agent in Austria and

.

To specify the seat or place of service that is being held.

applicant must notify the Federal Ministry of Health without delay of any change in residence or of the authorised representative (Z 6).

(5) The application can 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) 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 Contracting Party to the EEA Agreement or of the 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.

(8) Where 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 following: competent authorities of the other Member States of the EU or of any other Contracting 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 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. In the event of a verification of the unlawfulness of the notification, 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-Partieller Access

§ 3a. (1) The Federal Minister of Health has, on request, on a case-by-case basis, persons who are in another Member State of the EU or of another Contracting Party to the EEA Agreement or the Swiss Confederation has acquired a qualification certificate in a field of psychotherapy and is qualified in that State for the purpose of carrying out the professional activity, a partial access to the If the following conditions are met, you should be granted a professional practice as a psychotherapist. are:

1.

The differences between the lawfully exercised work in the home Member State and the professional exercise as a psychotherapist according to 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 included in the acquired qualification can be objectively determined by others to separate the profession as a psychotherapist;

3.

There are no compelling reasons for the general interest to access partial access.

(2) § § 3 to 5 and 8 apply.

(3) Persons who have been granted partial access in accordance with paragraph 1 above

1.

your profession under the professional title of your home Member State and, if necessary, in addition to the German name specified in the notice of recognition, and

2.

The affected patients, as well as the service providers. Clearly informing recipients of the extent of their professional activities. "

5. § 4 para. 2 of the second and third sentences 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 country of origin 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 inform them which documents are missing and within four months from the date of receipt of the complete documents. to identify the necessary documents with the single contact person or with the authority in each individual case, "

7. In Section 4 (3) Z 2, the word "Professional approval" is replaced by the word "Appeal recognition" and the following final part is 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."

8. In accordance with 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 required training. "

9. In the final part of Section 4 (6), the word "authorisation procedure" is replaced by the word "Professional Recognition Procedure" .

10. In § 5 (1), 1.  Set, the word "selected" is deleted.

11. Section 5 (2) reads:

" (2) The recognition advertiser has to apply for registration in the psychotherapist list of proof of health suitability and trustworthiness as well as the knowledge required for the professional exercise of the The German language (§ 6 para. 2). "

12. The heading to § 6 is:

"Health aptitude and trustworthiness, language skills"

13. § 6 shall be replaced by the sales designation "(1)" and the following paragraph 2 shall be added:

" (2) The proof of the language skills required for the professional practice is provided by a certificate of the successfully completed language test in the German language at level C2 according to the common language. European Framework of Reference for 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 arise from 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 for psychotherapist 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-language Matura or a similar and equivalent school degree "

14. § 8 (2) (2) (2) reads:

" 2.

Certificate issued by the competent authority of the home country or country of origin that the A service provider lawfully exercises the regulated profession of psychotherapist and that he has not been temporarily or definitively prohibited from exercising his profession and that he has no criminal record, "

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

" 4.

Knowledge of the German language skills statement

5.

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

16. In § 8 (6), (1).  The phrase, after the phrase "could compromise" the phrase " and through work experience or knowledge, skills and competences of the service provider, acquired through lifelong learning, and For the time being formally recognised as valid by a relevant body, it is not possible to compensate for the fact that the body cannot be compensated for.

17. In accordance with 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, through the IMI, all the information on the legality of the establishment and request the good management of the service provider, as well as information that there are no 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 of 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 of the Swiss Confederation primarily through the IMI. "

19. In § 10, after the phrase "of § 3," the phrase "of section 3a (3)," is inserted.

20. § 14 Z 1 and 2 read:

" 1.

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.  OJ L 268, 15.10.2015 p. 35,

2.

the Agreement between the European Community and its Member States, on the one hand, and the The Swiss Confederation, on the other hand, 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. In accordance with § 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 Help 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.  OJ L 159, 28.5.2014 p. 11, "

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

" (2) § 3, § 3a including 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 paragraph 2 Z 1 is deleted.

Article 5

Amendment of the Psychologists Act 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 Object" is replaced by the line "§ 3 Regulatory Subject-Implementation of Union Law" .

2. The heading to § 3 is:

"Regulatory subject-Implementation of Union law"

3. § 3 shall be replaced by the sales designation "(1)", which shall not be subject to Z 3, and the following paragraph 2 shall be added:

" (2) By this federal law

1.

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.  OJ L 268, 15.10.2015 p. 35,

2.

Directive 2011 /24/EU on the exercise of patients ' rights in cross-border Health care, OJ C 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 with a 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, p. 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 alert mechanism in accordance with Directive 2005 /36/EC, OJ L 206, 22.7.2005, p. No.  OJ L 159/27 of 25.06.2015,

5.

the Agreement between the European Community and its Member States, on the one hand, and the The Swiss Confederation, on the other hand, 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 Help 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,

into Austrian law. "

4. § 16 Z 4 reads:

4.

The Somatic and psychic fitness required to meet the professional duties, and Proof of trustworthiness and the knowledge of the German language required for the professional exercise, "

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

" (5) The Federal Minister (The Federal Minister) for Health has 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 information required for the application of Directive 2005 /36/EC, while 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 Section 18 (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 C2 according to the common language. European Framework of Reference for 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 arise from 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 for health psychologist (for health psychologist) or to the Clinical Psychologists (to the Clinical 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-language Matura or a similar and equivalent school-leaving certificate. "

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

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

8. In accordance with 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 Contracting Party to the EEA Agreement or of the 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 Internal Market Information System (IMI) within the framework of the EU's Internal Market Information System (IMI) three days after a final decision has been made 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 verification of the unlawfulness of the notification, the notification shall be corrected or withdrawn. '

9. § 25 Z 4 reads:

4.

The Somatic and psychic fitness required to meet the professional duties, and Proof of trustworthiness and the knowledge of the German language required for the professional exercise, "

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

" (5) The Federal Minister (The Federal Minister) for Health has 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 information required for the application of Directive 2005 /36/EC, while 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 Article 27 (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 C2 according to the common language. European Framework of Reference for 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 arise from 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 for clinical psychologist or clinical psychologist. Health psychologist (to become a 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-language Matura or a similar and equivalent school-leaving certificate. "

12. Section 30 (3) is added to the following sentence:

"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 Section 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 Contracting Party to the EEA Agreement or of the Swiss Confederation on the abolition of the right to work and the deletion from the list of clinical psychologists referred to in paragraphs 1 and 3 by the EU Internal Market Information System (IMI) within the framework of the EU's Internal Market Information System (IMI) three days after a final decision has been made 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 verification of the unlawfulness of the notification, the notification shall be corrected or withdrawn. '

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

" (6) The headline for § 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 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, shall be amended as follows:

1. In the table of contents, the line "Qualifications evidence from the EEA for Clinical Psychology and Health Psychology § 1" is published by the row " Qualifications from the EEA for Health Psychology and Clinical Psychology § 1 " .

2. In the table of contents, the line "EWR-Berufszulassung für Klinische Psychologie und Healthspsychologie § 3" will be published by the line " EWR-Occupation of Health Psychology and Clinical Diseases Psychology-Single Contact Person § 3 " replaces.

3. The following line is inserted in the table of contents after the line "EWR-Berufszulassung für Klinische Psychologie und Health spsychologie § 3":

"EWR Professional Recognition-Partieller Access § 3a"

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

5. § 3 with headline reads:

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

§ 3. (1) The Federal Minister of Health shall have nationals 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 § 1 (2), who are proof of qualification for the regulated profession of health psychologist and/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 this profession shall be equivalent to the qualifications referred to in paragraph 1, provided

1.

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

2.

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

The requirement of one-year professional practice is no longer required, provided that the evidence of formal qualifications or qualifications confirms a regulated education.

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

1.

if the applicant's previous training is related to professional activity theoretical and practical training contents, which differ significantly from those covered by evidence of formal qualifications 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 home country of the The applicant shall comply with Article 11 (c), (d) or (e) of Directive 2005 /36/EC.

(4) The Applicant has

1.

proof of nationality,

2.

Certificate of qualification, proof of professional qualification in the home country, and where appropriate, proof of professional experience acquired,

3.

a certificate from the home state that the profession is not temporary, or was finally prohibited,

4.

A proof of the health required to meet the professional duties Suitability,

5.

Proof of the trustworthiness required to meet the professional duties and

6.

Submit a certificate of residence or a delivery agent in Austria and

.

To specify the seat or place of service that is being held.

applicant must notify the Federal Ministry of Health without delay of any change in residence or of the authorised representative (Z 6).

(5) The application can 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) 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 Contracting Party to the EEA Agreement or of the 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.

(8) Where 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 following: 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 by means of the EU Internal Market Information System (IMI) within three days of final legal action 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 verification of the unlawfulness of the notification, the notification shall be corrected or withdrawn.

(9) From 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-Partieller Access

§ 3a. (1) The Federal Minister of Health has, on request, on a case-by-case basis, persons who are in another Member State of the EU or of another Contracting Party to the EEA Agreement or the Swiss Confederation, a 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. To grant clinical psychologist if the following conditions are met:

1.

The differences between the lawfully exercised work in the home Member State and the professional exercise 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 included in the acquired qualification can be objectively determined by others the professional exercise as a health psychologist or Separating clinical psychologist activities;

3.

There are no compelling reasons for the general interest to access partial access.

(2) § § 3 to 5 and 8 apply.

(3) Persons who have been granted partial access in accordance with paragraph 1 above

1.

your profession under the professional title of your home Member State and, if necessary, in addition to the German name specified in the notice of recognition, and

2.

The affected patients, as well as the service providers. Clearly informing recipients of the extent of their professional activities. "

7. In sections 4 (1) and 5 (1) and 5 (1) and (3), the phrase "List of clinical psychologists and health psychologists" is replaced by the phrase "List of health psychologists and health psychologists". Health psychologist or the list of Clinical Psychologists ".

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

.

9. In Section 4 (1), Section 8 (7) (1) and (9) (1), the number "2013" is inserted after the word "Psychologists Act" .

10. § 4 para. 2 of the second and third sentences 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 country of origin 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 submission of the complete documents. to identify the necessary documents with the single contact person or with the authority in each individual case, "

12. In § 4 paragraph 3 Z 1 and § 8 paragraph 7 Z 2 the number "2013" is inserted after the word "Psychologengesetz" .

13. In Section 4 (3) (2), § 4 (4) (4) (1) and § 4 (5), the phrase "as a clinical psychologist or as a health psychologist" is defined by the phrase " as a health psychologist or as a clinical psychologist. Psychologist " .

14. In Section 4 (3) Z 2, the word "Professional approval" is replaced by the word "Professional recognition" , and the following final sentence is 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. In accordance with 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 required training. "

16. In the final part of Section 4 (6), the word "authorisation procedure" is replaced by the word "Professional Recognition Procedure" .

17. In § 5 (1), 1.  Set, the word "selected" is deleted.

18. Section 5 (2) reads:

" (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 follow 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 in accordance with § 16 of the Psychological Law" is replaced by the phrase " List of the health psychologists and Health psychologist or the list of clinical psychologists according to § 19 resp. § 28 of the Psychologengesetz 2013 ".

20. The heading to § 6 is:

"Health aptitude and trustworthiness, language skills"

21. § 6 shall be replaced by the sales designation "(1)" and the following paragraph 2 shall be added:

" (2) The proof of the language skills required for the professional practice is provided by a certificate of the successfully completed language test in the German language at level C2 according to the common language. European Framework of Reference for 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 arise from 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 for health psychologist or clinical psychologist in the German speaking space,

2.

German-language university studies,

3.

successfully completed studies of the German language,

4.

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

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

.

23. § 8 (2) (2) (2) reads:

" 2.

Certificate issued by the competent authority of the home country or country of origin that the A service provider lawfully exercises the regulated profession of a health psychologist or clinical psychologist and that he has not been temporarily or permanently banned from exercising his profession and that he has no criminal record, "

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

" 4.

Knowledge of German language explanation.

5.

Proof of professional indemnity insurance in accordance with § 39 of the Psychologists Act 2013. "

25. In § 8 (6), (1).  The phrase, after the phrase "could compromise" the phrase " and through work experience or knowledge, skills and competences of the service provider, acquired through lifelong learning, and For the time being formally recognised as valid by a relevant body, it is not possible to compensate for the fact that the body cannot be compensated for.

26. In accordance with 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, through the IMI, all the information on the legality of the establishment and request the good management of the service provider, as well as information that there are no 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 of 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 of the Swiss Confederation primarily through the IMI. "

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

.

29. In § 10, after the phrase "of § 3," the phrase "of section 3a (3)," is inserted.

30. § 14 Z 1 and 2 read:

" 1.

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.  OJ L 268, 15.10.2015 p. 35,

2.

the Agreement between the European Community and its Member States, on the one hand, and the The Swiss Confederation, on the other hand, 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. In accordance with § 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 Help 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, "

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

§ 3, § 4 (3), § 4 (3) (2) including the final part, § 4 (3a) and (6), § 5 (1) and (2), the title of § 6, § 6, para. 2, § 8 para. 2 Z 2, 3 4 and 5, § 8 (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 paragraph 2 Z 1 is deleted.

Article 7

Change of 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 (1) and (2) are:

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

1.

The Austrian citizenship or citizenship of another party of the Agreement on the European Economic Area or the citizenship of the Swiss Confederation,

2.

The general professional authority 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 of the Z 7 and on the organisation and conduct of the German examination, including a The Austrian Chamber of Pharmacists has to regulate in the transferred sphere of activity the examination regulations to be carried out for the purpose of carrying out the examination. 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. "

3. § 3 (6) reads:

" (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 has not been carrying out such activity again for at least six months. "

4. Section 3 (7) reads:

" (7) From the obtaining of the concession to the operation 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 withdrawal of the concession or withdrawal of the concession pursuant to section 19 (1), not five years have passed. This shall not apply where a concession holder is seeking the concession to operate a new public pharmacy after the concession has been withdrawn for a pharmacy and closure of the holding which has already been put into operation. '

5. In accordance with Article 3a (1), the following paragraphs 1a and 1b are inserted:

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

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

6. § 3b (2) Z 1 reads:

1.

for one or more punishable acts committed to a more than one a one-year term of imprisonment 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 after the offence has been committed, or Personality of the convicted person with regard to the possible commission of the same or similar criminal offence for the exercise of the pharmacist's profession appears inappropriate, or "

7. § 3b (2) Z 2 reads:

" 2.

due to a disciplinary, administrative, administrative or administrative criminal law, or "Do not exercise the profession of pharmacist". "

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

" (2a) More information about the knowledge of the German language required for the exercise of the pharmacy profession in accordance with paragraph 1 (3) and on the organisation and conduct of the German examination, including one for the The Austrian Pharmacists ' Chamber has to regulate the scope of the examination in the transferred sphere of activity by carrying out the examination 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. "

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

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

1.

A certificate of criminal records or a comparable proof of home-or Country of origin and

2.

where this provides for the laws, regulations and administrative provisions of the home country or the home country, by a certificate of disciplinary criminal records or a comparable proof of proof

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

(3b) If the Austrian Chamber of Pharmacists is aware of a situation which has occurred outside the territory of the Federal Republic of Germany and may be appropriate, doubts as to the reliability of the applicant shall be taken into consideration. , it may inform the competent authority of 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 facts of the case.

.

is determined in this state, or

2.

a disciplinary, administrative, criminal, or administrative law Justice criminal case pending, or

3.

a disciplinary, administrative, criminal, or administrative criminal Justice-criminal action has been imposed. "

10. In section 3c (2), the phrase " 2013/25/EU, OJ L 206, 22.7.2002, p. No.  OJ L 158, 10.6.2013, p. 368 " , by means of the phrase " 2013/55/EU, OJ L 206, 22.7.2002, p No.  OJ L 345 of 28.12.2013 p. 132 "

.

11. Section 3c (3) reads:

" (3) The Austrian Chamber of Pharmacists has to recognise evidence of formal qualifications which meet 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 requirements of the Annex V, point 5.6.2. of Directive 2005 /36/EC, but which is accompanied by a certificate issued by the competent authorities or bodies, in accordance with which it is established, or where otherwise it is established that such names shall be Evidence of formal qualifications to complete an apprenticeship under Art. 44 of the Directive 2005 /36/EC and by the Member State which issued it, equivalent to the evidence of formal qualifications listed in Annex V, point 5.6.2. of Directive 2005 /36/EC. '

12. In Section 3c (4) (2), the phrase is replaced by "certificate stating" replaced by the phrase "certificate attached to it" .

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 applicant's evidence of formal qualifications as a result of his/her previous activities. The conditions laid down in paragraphs 7 and 7a shall be recognised.

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 evidence of formal qualifications is to be provided with proof of formal qualifications

1.

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

2.

a certificate issued by the Member State in accordance with Z 1 above, that it is three years The profession of pharmacist in the territory of that State has effectively and lawfully exercised full service, and

3.

at the time the application is submitted on the nationality of a party to the The EEA Agreement or the Swiss Confederation.

(7) In the case of applications pursuant to paragraphs 5 and 6, recognition of the evidence of formal qualifications is conditional upon completion of a practical training in a public pharmacy or pharmacy in accordance with § 3a as a condition of -to make compensatory measures if the training completed differs significantly from the Austrian training to the pharmacist and the essential difference is not due to the fact that the training has been taken into account in the context of the previous professional experience, Continuing education and training in a Member State or a third country The knowledge, experience and skills which have been formally recognised as valid by a relevant body of the State concerned. There is a significant difference in training if

1.

The previous training of the applicant with regard to the professional activity Subjects which have significant differences in content in relation to the training certified by the evidence of formal qualifications in accordance with § 3a, and if the knowledge, experience and skills acquired in these subjects are essential. professional requirements for a conscientious exercise of the pharmacist's profession or

2.

if the professional image of the pharmacist defined by law or regulation is one or more Activities which, in the country of origin of the applicant, are not or are not part of the relevant professional image, and where, in respect of that activity or activities in Austria, a special training is required, the Subjects are significantly different from those of the training certificate of the applicant. "

14. In accordance with Section 3c (7), the following paragraphs 7a to 7d are inserted:

" (7a) The duration and nature of the applicant's activities to date shall be taken into account in the case of the advance of a compensatory measure, as well as the extent to which pharmacists have been responsible for their own responsibility; and the period of time of the last activity as a pharmacist and any interruptions to that 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 concerning 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 shall apply mutatily, with the proviso that, when applying a compensatory measure, the applicant shall choose 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 has

1.

proof of nationality,

2.

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

3.

Proof of the reliability required to meet the professional requirements in accordance with Section 3b (3a) and

3a)

4.

a certificate from the home state that the profession is not temporary, or has been definitively banned and there is no criminal record, and

5.

A proof of a residence or a delivery agent 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 immediately notify the Austrian Chamber of Pharmacists by way of an amendment to the place of residence or of the authorised representative (Z 5). "

15. Section 3c (8) reads:

"(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 requests for improvement."

16. In accordance with Section 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 competent authority in the home or country of origin of the Confirmation of 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. Section 3c (9) reads:

" (9) The Austrian Chamber of Pharmacists has the recognition of training evidence

1.

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

2.

in cases where no automatic recognition is provided due to Directive 2005 /36/EC is (par.  5, 7 and 7c), within four months

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

18. In accordance with Section 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 Pharmacists ' Chamber has the following: 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 a final decision by the ordinary court in accordance with the Provisions of Article 56a of Directive 2005 /36/EC and of Implementing Regulation (EU) 2015/983. 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 verification of the unlawfulness of the notification, the notification shall be corrected 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 The profession of pharmacist, as referred to in paragraphs 2 to 6, shall be recognised 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 Pharmacist's Diploma in Austria in accordance with § 3a and a recognition of their qualification certificate in a other EEA Contracting State or the Swiss Confederation, by means of the European professional card, shall be subject to the provisions of Article 4a et seq. of the Directive by the Austrian Chamber of Pharmacists, which shall apply to the State of origin 2005 /36/EC and the Implementing Regulation (EU) 2015/983

(16) Do not presume the conditions for issuing the European professional card, the Austrian Chamber of Pharmacists must notify the application for issuing the European Professional Card.

(17) The Austrian Chamber of Pharmacists has to withdraw a European professional card issued by a pharmacist, if it turns out that the conditions for its exhibition are already in place. were not initially located or have been subsequently omitted.

(18) The Austrian Chamber of Pharmacists shall process 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 warnings issued by the Austrian Pharmacists to update the European professional ID issued by a pharmacist concerned by a warning.

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

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

" (1a) The Austrian Chamber of Pharmacists shall recognise the general right of a pharmacist to be entitled to a general professional authorization if the pharmacist has to do so on account of one or more offences committed by the pharmacist for a period of time. has been sentenced to more than one year in prison or to a non-contented term of imprisonment of more than six months for as long as the conviction is not satisfied, and in accordance with the peculiate nature of the offence committed or after the offence has been committed, Personality of the convicted in relation to the possible commission of a same or similar criminal offence for the exercise of the pharmacist's profession is inappropriate. "

21. § 3d para. 3 reads:

" (3) In the event of the superstipation of the general professional authority referred to in paragraph 1 or 1a, a request for a new grant may not be issued 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 after 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 Recognition or deletion of the general right to work pursuant to para. 1, 1a and 2 shall be informed. 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 together with the headings are inserted:

" 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 prior concession of the general public. Professional authorization by the Austrian Chamber of Pharmacists temporarily and occasionally provide services within the meaning of Directive 2005 /36/EC on the recognition of professional qualifications if they are lawful for the purposes of exercising the profession of pharmacist be established in one of the listed states.

(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, periodic recurrence and the Continuity of service provision. 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 requiring a temporary stay in Austria, the service provider of the Austrian Pharmacists ' Chamber shall have the following documents Reporting in writing:

1.

Proof of nationality,

2.

Certificate issued by the competent authority of a contracting party to the Agreement on the European the economic area or the Swiss Confederation, which states that the service provider is lawfully established for the purpose of carrying out the profession of pharmacist, that he/she shall exercise this profession at the time of presentation of the Certificate is not prohibited, not even temporarily, and that no Pre-punishments,

3.

Professional Qualification Evidence and

4.

Declaration on the existence of the knowledge of the profession of pharmacist German language.

(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 do so during the year in question temporary or occasional services in Austria. In the event of a substantial change in relation to the facts certified in the documents referred to in paragraph 3 (1) to (3), the documents required for this purpose shall be submitted again.

(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 review to prevent a serious impairment of the health of the Service recipient is required due to a lack of professional qualification of the service provider and

2.

The service provider does not have an appropriate professional qualification in accordance with § 3c, para. 2, 3, 4 or 7b.

(7) The Austrian Pharmacists ' Chamber shall have the service provider within one month after receipt of the complete notification in accordance with paragraph 3.

1.

about its decision to allow the provision of the service, without its To verify the professional qualification, or

2.

when the check is taken over its result

to teach. 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 be taken 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 large that it has to be made available with a the risk to the health of the recipient of the services, and this difference is not formally recognised by professional experience or by the Fort-and/or third country formally recognised as valid by a relevant body of the Member State or third country concerned. Continuing training in a Member State or a third country knowledge, experience and skills are balanced, the Austrian Chamber of Pharmacists has the opportunity to provide the service provider with the opportunity to prove, within one month of notification of the decision, of an aptitude test, that he has acquired the lack of 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 after positive decision of the Austrian Pharmacists ' Chamber or, if no decision shall be taken after the expiry of the time limits referred to in paragraph 7 above,

2.

otherwise after reporting and receipt of complete and non-empty documents as specified in paragraph 3

.

(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 time and expenses involved in the organisation and conduct of the audit.

(11) The service provider or its service provider shall, if necessary, submit to the Austrian Chamber of Pharmacists the documents necessary to assess whether the activity carried out by the service provider is concerned. the requirements for the provision of a service in accordance with paragraph 2 are 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 providing the service 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 doubts, be a party to the competent authorities of another Contracting Party to the EEA Agreement or 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 criminal-law-related sanctions, Withdrawal, revocation or frenchment of the right to pursue a disciplinary action, the absence of any failure to carry out the duties and the absence of any facts which would justify any of these 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 Chamber of Pharmacists referred to in Article 56 thereof. Directive 2005 /36/EC on the recognition of professional qualifications of the requesting authority, all information concerning the legality of the establishment, the good management of the service provider, the non-existence of professional disciplinary measures, or criminal sanctions and 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, which operates in Austria as a generally professional pharmacist, shall be entitled to: to issue certificates for the purpose of the provision of services in another Contracting Party to the Agreement on the European Economic Area or the Swiss Confederation, by the Austrian Pharmacists ' Chamber; that

1.

authorized to use the pharmacist profession in Austria

2.

Do not exercise this activity at the time of submission of the certificate, even if not temporary, prohibited,

3.

He has a required professional qualification certificate.

(16) The entitlement to the temporary provision of services shall apply in accordance with § 3d.

Temporary provision of services-European professional card

§ 3h. (1) The Austrian Pharmacists ' Chamber has, on request, the procedure concerning the temporary provision of services in accordance with § 3g by the European professional card according to the To implement the provisions of Article 4a et seq. of Directive 2005 /36/EC and of the Implementing Regulation (EU) 2015/983.

(2) At the request of persons legally exercising the profession of pharmacist in Austria and in another EEA Contracting State or of the Swiss Confederation by way of the European professional card, the temporary Applying for services electronically, the Austrian Chamber of Pharmacists shall be the Member of 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 Perform tasks.

(3) § 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 read:

" 1.

Directive 2005 /36/EC of the European Parliament and of the Council of 7 September 2005 on recognition of professional qualifications, OJ 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, on the one hand, and the The Swiss Confederation, on the other hand, 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; '

25. 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 version of the Federal Law BGBl.  I n ° 9/2016 are at 18.  Jänner 2016 in Force. "

Article 8

Amendment of the pharmacists ' office law 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 (4) Z 12 reads:

" 12.

Directories over all pharmacies, members of the pharmacy chamber, and cross-border Service provider according to § 3g of the pharmacy law to be carried out, "

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 the pharmacists in the half-service according to § 5 para. 2 of the Pharmaceutical Skilled Labour Regulation,

1b.

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

3. Section 2a (1) Z 6 reads as follows:

" 6.

The disqualification of the general professional authority in accordance with § 3d para. 1 or 1a Pharmacy Act, "

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

" 6a.

Implementation of reporting procedures and verification of professional qualifications at the temporary service provision 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.

Issuing and receiving information in accordance with Article 56a of Directive 2005 /36/EC in the current version,

6c.

Organization and conduct of the aptitude test in accordance with § 3g para. 10 pharmacy law, "

6. Section 2a (1) (18) reads, the following Z 18a and 18b shall be inserted:

" 18.

The issue of certificates in accordance with Article 7 (2) lit.  (b) and Article 50 of Directive 2005 /36/EC,

18a.

carrying out tasks related to the European Professional ID Exhibition pursuant to § 3c (15) to (18) and § 3h (2) and (3) of the pharmacy act,

18b.

Administrative cooperation and exchange of information with the relevant authorities of the other Contracting parties to the EEA Agreement pursuant to § 3a (10a) and (18), § 3b (3b) (3b), § 3c (10a), 13 and 18, § 3d (5), § 3g (13), 14 and 16 and § 3h (3) of the German pharmacy law, "

7. Section 2a (2) reads as follows:

" (2) For the procedures to be carried out in the matters referred to in paragraph 1 Z 1a, 1b, 2 to 6, 7 to 15, 17 to 19 and 21, unless the pharmacies law is special Contains provisions, the General Administrative Procedure Act, 1991, BGBl. No. 51. "

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

" 4.

Regulation on the organization and conduct of the examination of sufficient German language skills in accordance with § 3 (4) and § 3b (2a) of the German pharmacy law, including an audit certificate to be paid for the conduct of the audit, and

5.

Regulation on the organization and performance of the aptitude test in accordance with § 3g Section 10 of the German Pharmacies Act, including an audit certificate to be paid for the conduct of the audit. "

9. In accordance with § 7, the following § 7a together with the heading is inserted:

" Cross-border service providers

§ 7a. Cross-border service providers according to § 3g of Pharmacy Act are not subject to membership of the Austrian Pharmacists ' Chamber. § 8 (4), Section 8 (5) and § § 39 to 70 apply to them. "

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

" 14.

The approval of a regulation on the organization and conduct of the audit of sufficient German knowledge according to § 2a (4) (4) Z 4, "

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

15.

The approval of a Regulation on the organization and performance of the aptitude test in accordance with Section 2a (4) Z 5 and,

16.

The concern of other matters explicitly provided by law or regulation Delegates ' Meeting. "

12. Section 40 is added to the following paragraph 5:

" (5) If a pharmacist or aspirant departs from membership of the Austrian Chamber of Pharmacists after committing a disciplinary offence, the period of limitation shall be renewed until the date of any further investigation. Membership is inhibited. "

13. Section 81 shall be added to the following paragraph 15:

" (15) § 2 (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 law 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 (2) Z 1 reads:

1.

The dimensioning and payment of the references of all in public pharmacies or in public pharmacies Hospital pharmacies on the basis of a service contract employed generally professional pharmacists and aspirants, by persons who act as a compensatory measure according to § 3c para. 7 of the Pharmacy 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 as follows:

" (2) Pharmacists within the meaning of this Federal Law are also 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 "

3. In § 1 paragraph 2 Z 3, § 2 para. 2, § 3a (1), § 5 paragraph 2, § 6 paragraph 2 Z 1 and 2, § 6 paragraph 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. Section 75a of the following paragraph 3 is added:

§ § 2, § 3a (1) and (2), § 5 (2), § 6 (2) (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 Section 74 (4), as amended by 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 (2) Z 3 reads:

" 3.

A diploma course of study at the University of Veterinary Medicine, Vienna Studies in veterinary medicine or a foreign degree in veterinary medicine at the University of Veterinary Medicine of the University of Veterinary Medicine, Vienna, or a foreign degree in veterinary medicine or a certificate of recognition in accordance with Directive 2005 /36/EC of professional qualifications, OJ 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, accompanied, where appropriate, by the certificates provided for in that document, "

2. § 3 (2) Z 5 reads:

" 5.

for nationals of Contracting Parties to the EEA Agreement-Certificate of competent authority Authority of the Member State of origin or of origin, that the service provider is lawfully established as a veterinarian in order to pursue the profession sought and that he does not temporarily or permanently prohibit the pursuit of the profession of veterinary surgeon and there are no criminal records. "

3. The following paragraph 6 is added to Section 4a:

" (6) In the case of justified doubts, the Board may, as a matter of priority, by the competent authorities of the Member State of establishment, by means of the official cooperation system IMI (Internal Market Information System) of the European Union Commission all information on the legality of the establishment and the good management of the service provider, as well as information on the absence of 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. Section 6 (7) reads:

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

1.

legally exercising the veterinary profession within the scope of this federal law and

2.

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

3.

The exercise of the veterinary profession has not been prohibited temporarily or permanently. and there are no criminal records. "

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

" (9) In the case of nationals of Contracting States of 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 it is established, within the framework of the procedure for the recognition of professional qualifications, that the applicant has used forged professional qualifications, the board shall have the competent authorities of the other Member States of the EU or of any other Contracting 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, which has been final Provisions of Article 56a of Directive 2005 /36/EC and of 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 verification of the unlawfulness of the notification, the notification shall be corrected or withdrawn. '

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

"§ 75d. § 3 para. 2 Z 3 and 5, § 4a paragraph 6 as well as § 6 para. 7, 9 and 10 in the version of the Federal Law BGBl.  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 shall be added to Section 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 resounding of the Entitlement to practise the profession (§ § 7, 10 Veterinary Act), waiving the exercise of the profession (§ 8 para. 1 of the German Veterinary Medical Act), the failure to pursue the profession (Section 64 (1) (4)), the temporally limited refusal to pursue the profession (§ 64 1 (3) and (3) respectively 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. In the event of a verification of the unlawfulness of the notification, the notification shall be corrected or withdrawn.

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

1.

Identity of the member of the profession,

2.

Affected profession,

3.

Information about the authority or the court that makes the decision on the restriction or Untersagung hit,

4.

Scope of restriction or subsaation

5.

The period of time that the constraint or disconnection applies.

(6) The Tierärztekammer (Tierärztekammer) may provide foreign authorities with information on pending proceedings which have not yet been completed and which are not yet legally binding. "

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