1. Eu Vocational Recognition Act Health Professions 2016-1 Eu-Bag-Gb 2016

Original Language Title: 1. EU-Berufsanerkennungsgesetz Gesundheitsberufe 2016 – 1. EU-BAG-GB 2016

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8. Federal Law, with which the Health and Health Care Act, the Hebammengesetz, the Kardiotechnikergesetz, the MTD Act, the Medical Assistants ' Law, the Medical Mass and Heilmasseurgesetz, the Sanitarian Act, the Dental Law and the Dental Office Act are amended (1. EU-Professional Qualification Act-Health Professals 2016-1. EU-BAG-GB 2016)

The National Council has decided:

Table of Contents

Article 1

Health and Nursing Law Change

Article 2

Changes to the Hebammen Act

Article 3

Modification of the Cardiotechnic Act

Article 4

Changes to the MTD Act

Article 5

Changes in the Medical Assistants Law

Article 6

Modification of the medical masseur-and Healing Asset Law

Article 7

Amendment of the Sanitary Act

Article 8

Dentist Law Amendment

Article 9

Changes to the Dental Protection Act

Article 1

Amendment of the Health and Health Care Act

The Health and Health Care Act (GuKG), BGBl.  I n ° 108/1997, as last amended by the Federal Law BGBl.  I No. 185/2013 and the Federal Ministry of Finance Law-Novelle 2014, BGBl.  I n ° 11/2014, shall be amended as follows:

1. In the table of contents, after the line " § 3c ... Personal assistance " inserted line:

§ 3d

student care internship "

1a. In the table of contents, according to the line " § 28a ... EEA recognition " inserted line:

"§ 28b

EEA Recognition-European Professional Identity Card"

2. In the table of contents, after the line " § 30 ... EEA Qualification-Specialist, teaching and leadership tasks " insert the following line:

"§ 30a

EEA Recognition-Partieller Access"

3. In the table of contents, after the line " § 39 ... Temporary provision of services " inserted the following line:

" § 39a

Temporary provision of services-European Professional card "

4. 2a Z 1 and 2 shall 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 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.  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, 13.06.2015 p. 38; "

5. In accordance with Section 2a Z 3, the following Z 4 and 5 shall be inserted:

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, 25.06.2015 p. 27;

5.

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; '

5a. In accordance with § 3c, the following § 3d with headline shall be inserted:

" Nursing internship of students

§ 3d. Students of an education in a health care profession are entitled to support activities in the context of a nursing internship provided for in the study regulations. Basic supply under Annex 2, point 3 of the agreement on social care professions, under the guidance and supervision of a senior health and nursing staff member, provided that they have completed the theoretical training of the Training module "Support for basic services" according to the "GuK-BAV", a have successfully completed equivalent theoretical training or an apprenticeship in a health profession. The professional exercise of these activities is prohibited. '

6. In Section 28a (5), in Z 4, the word "and" are replaced by a dash, and the following Z 4a is inserted:

" 4a.

A certificate issued by the competent authority of the country of origin that the profession is not temporarily or permanently prohibited, and "

7. The following sentence shall be added to section 28a (6):

" § 6 Services Act, BGBl.  I No 100/2011, shall apply. '

8. The following paragraphs 9 and 10 are added to Section 28a:

" (9) Where it is established in the course of the procedure that the applicant has used forged professional qualifications, the Federal Minister of Health has the competent authorities of the other EEA States Parties through the EU Internal Market Information System (IMI) within three days of a final judicial decision in accordance with the provisions of Article 56a of Directive 2005 /36/EC and the Implementing Regulation (EU) 2015/983 information. This notification shall be notified in writing to the professional who may request a review of the lawfulness of the notification in a procedure to be completed in a modest manner; shall, in the context of the review, the illegality of the notification. , the message shall be corrected or withdrawn.

(10) In the context of the application of Directive 2005 /36/EC, the Federal Minister of Health shall cooperate with the competent authorities of the other EEA States Parties and the Swiss Confederation, mutual assistance , and to provide the necessary information, while ensuring the confidentiality of the information exchanged, in particular through the Internal Market Information System (IMI) as defined in the IMI Regulation. "

9. In accordance with § 28a, the following § 28b with headline is inserted:

" EEA Recognition-European Professional Identity Card

§ 28b. (1) The Federal Minister of Health, on request, has an EEA recognition of a qualification certificate in accordance with § 29 in the general health and nursing care system by means of 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.

(2) For persons who are legally responsible for general health and nursing care in Austria, or have obtained a certificate of qualification in general health and nursing care in Austria and an EEA recognition in another EEA Contracting State or the Swiss Confederation by means of the European Professional Card shall be submitted electronically by the Governor of the State of origin for the country of origin in accordance with the provisions of Article 4a et seq. of Directive 2005 /36/EC and of the Implementing Regulation (EU) 2015/983.

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

10. In Section 29 (1) Z 3, the term "Article 33 (2) and (3)" is replaced by the term "Article 33 (3)"

.

11. In Section 30 (1), the " a certificate or diploma according to Art. 11 lit.  b to e of Directive 2005 /36/EC, and '.

12. In accordance with § 30, the following § 30a and heading is inserted:

" EEA Recognition-Partieller Access

§ 30a. (1) The Federal Minister of Health has, on request in individual cases, persons who in another EEA Contracting State or the Swiss Confederation have a Proof of qualification in a special task without basic training in the upscale service for health and nursing care have been acquired and qualified in this state without restriction to the pursuit of professional activity, a partial Access to a professional activity in the appropriate special task , if the following conditions are met:

1.

The differences between the lawfully exercised work in the home Member State and The special task under this federal law is so great that the application of compensatory measures of the requirement to the applicant would be equal to the complete training programme in Austria in order to have access to the entire special task in Austria;

2.

The activities included in the acquired qualification can be objectively determined by others separate activities covered by the corresponding special task;

3.

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

(2) § 28a (2), (5), (6) and (8) to (10) and § 30 (2) to (5) shall 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, clients, or people in need of care, the service providers, or to clearly inform the recipients of the scope of their professional activities. '

13. In section 39 (2), at the end of Z 2, the word "and"is replaced by a dash at the end of the Z 3, and the following Z 4 is added:

" 4.

Declaration on the knowledge of the German language required for the professional exercise in Austria Language. "

14. In accordance with § 39, the following § 39a and heading is inserted:

" Temporary provision of services-European professional card

§ 39a. (1) The Governor of the State has, on request, the procedure concerning the temporary provision of services in accordance with § 39 in the general health and nursing care in the course of 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.

(2) For nationals of an EEA Contracting State or of the Swiss Confederation, who are legally responsible for exercising general health and nursing care in Austria and in another EEA Contracting State or the The Swiss Confederation shall, by means of the European professional card, apply for the temporary provision of services by electronic means, shall be by the Governor of the State of origin for the country of origin in accordance with the provisions of Article 4a et seq. of Directive 2005 /36/EC and of the Implementing Regulation (EU) 2015/983.

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

15. § § 40 and 91 are added to the following para. 4:

" (4) The Federal Minister of Health has the competent authorities of the other EEA States Parties concerning the withdrawal of the right to work in accordance with paragraph 1 and/or on the re-division referred to in paragraph 3 by 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 information. This notification shall be notified in writing to the professional who may request a review of the lawfulness of the notification in a procedure to be completed in a modest manner; shall, in the context of the review, the illegality of the notification. , the message shall be corrected or withdrawn. '

16. In accordance with Article 41 (1), the following paragraph 1a is inserted:

" (1a) Within the framework of the training in general health and nursing care, the specialist skills, social communicative competences and self-competence defined in the regulation according to § 28 (3) are to be found. "

17. The following paragraphs 9 and 10 are added to Article 87:

" (9) Where it is established in the course of the procedure that the applicant has used forged professional

,

1.

in the case of paragraph 1 of the Federal Minister of Health and Health and

2.

in the case of paragraph 2 of the State Governor.

competent authorities of the other EEA States Parties through the EU Internal Market Information System (IMI) within three days of a final judicial decision after inform the provisions of Article 56a of Directive 2005 /36/EC and of the Implementing Regulation (EU) 2015/983. This notification shall be made in writing to the professionals who may request a review of the lawfulness of the notification in a procedure to be completed in a modest manner; shall, in the context of the review, the illegality of the notification. , the message shall be corrected or withdrawn.

(10) The Federal Minister of Health and Health In the context of the application of Directive 2005 /36/EC, the Governor of the State shall cooperate with the competent authorities of the other EEA States Parties and the Swiss Confederation, provide administrative assistance and provide the necessary information , to ensure the confidentiality of the information exchanged, in particular through the Internal Market Information System (IMI) within the meaning of the IMI Regulation, to be obtained and to be granted. "

18. In § 105 paragraph 1 Z 4, after the expression "§ 12 para. 6," the expression "§ 30a para. 3," is inserted.

19. The following paragraph 19 is added to Section 117:

" (19) With 18.  January 2016 the table of contents, § 2a Z 1, 2, 4 and 5, § 28a (5) Z 4 and 4a, para. 6, 9 and 10, § 28b with the title, § 29 (1) Z 3, § 30 (1), § 30a and the title, § 39 paragraph 2 Z 2 to 4, § 39a including the title, § 40 para. 4, § 41 Paragraph 1 (a), section 87 (9) and (10) and section 91 (4) of the Federal Law Gazette (BGBl) version.  I No 8/2016 in force. "

Article 2

Amendment of the Hebammen Act

The Hebammengesetz (Hebammengesetz, HebG), BGBl. No. 310/1994, as last amended by the Federal Act BGBl.  I n ° 197/2013 and the Federal Ministry of Finance Law-Novelle 2014, BGBl.  I n ° 11/2014, shall be amended as follows:

1. § 2 (3) Z 8 reads:

" 8.

Psychologengesetz 2013, BGBl.  I No 182/2013, "

2. In § 12 paragraph 1 Z 3, the expression "Article 43 (3) or 4" is replaced by the term "Article 43 (4)"

.

3. In Section 12 (5), in Z 4, the word "and" are replaced by a dash, and the following Z 4a is inserted:

" 4a.

A certificate issued by the competent authority of the country of origin that the profession is not temporarily or permanently prohibited, and "

4. The following sentence shall be added to Article 12 (6):

" § 6 Services Act, BGBl.  I No 100/2011, shall apply. '

5. The following paragraph 7 is added to § 12:

" (7) Where it is established in the course of the proceedings that the applicant has used forged professional qualifications, the Austrian midwifery body shall have the competent authorities of the Other EEA States Parties through the EU Internal Market Information System (IMI) within three days of a final judicial decision in accordance with the provisions of Article 56a of Directive 2005 /36/EC and the Implementing Regulation (EU) 2015/983 to inform. This notification shall be notified to the professionals in writing who may request a review of the lawfulness of the notification in a procedure to be completed in a modest manner; will, in the context of the review, the illegality of the persons concerned. If the message is detected, the message is to be corrected or withdrawn. "

6. In section 21 (2), at the end of Z 2, the word "and"is replaced by the following Z 4 at the end of Z 3, and the following Z 4 is added:

" 4.

Declaration on the knowledge of the German language required for the professional exercise in Austria Language. "

7. The following paragraph 4 shall be added to section 22:

" (4) The Austrian midwifery body shall have the competent authorities of the other EEA States Parties concerning the withdrawal of the right to work in accordance with paragraph 1 or on the re-registration in accordance with paragraph 2 by 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 the Implementing Regulation (EU) 2015/983 information. This notification shall be notified to the professionals in writing who may request a review of the lawfulness of the notification in a procedure to be completed in a modest manner; will, in the context of the review, the illegality of the persons concerned. If the message is detected, the message is to be corrected or withdrawn. "

8. The following paragraph 7 is added to section 22a:

" (7) The Governor of the State shall, within three days of the EU Internal Market Information System (IMI), inform the competent authorities of the other EEA States Parties of the provisional subsection referred to in paragraphs 1 and 2 of this Article. To notify the decision in accordance with the provisions of Article 56a of Directive 2005 /36/EC and of the Implementing Regulation (EU) 2015/983. This notification shall be notified to the professionals in writing who may request a review of the lawfulness of the notification in a procedure to be completed in a modest manner; will, in the context of the review, the illegality of the persons concerned. If the message is detected, the message is to be corrected or withdrawn. "

9. In accordance with Article 40 (2) Z 2, the following Z 2a is inserted:

" 2a.

withdrawal of the right to work according to § 22, dismise of registration in the Register of Midwives according to § 42b; "

10. § 40 (2) Z 3 reads:

" 3.

Recognition of professional qualifications according to § 12, receipt of notifications and exhibition of certificates in accordance with § 21; "

11. Section 41 (6) reads:

" (6) The Austrian midwifery body has within its scope within the scope of the application of the

1.

Directive 2005 /36/EC on the recognition of professional qualifications, and

2.

Directive 2011 /24/EU on the exercise of patients ' rights in cross-border Health care

cooperate with the competent authorities of the other EEA States Parties and the Swiss Confederation, to provide assistance and to provide the necessary information in accordance with Paragraph 7, in particular by means of the Internal Market Information System (IMI) within the meaning of Regulation (EU) No 1024/2012 ("IMI Regulation") To obtain and to grant. "

12. § 61b Z 1 and 2 reads:

" 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 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.  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, 13.06.2015 p. 38; "

13. In accordance with § 61b Z 3, the following Z 4 and 5 are inserted:

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, 25.06.2015 p. 27;

5.

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; '

14. The following paragraph 9 is added to Section 62a:

" (9) With 18.  January 2016 § 12 para. 1 Z 3, paragraph 5 Z 4 and 4a, para. 6 and 7, § 21 para. 2 Z 2 to 4, § 22 para. 4, § 22a para. 7, § 41 para. 6 and § 61b Z 1, 2, 4 and 5 in the version of the Federal Law BGBl.  I No 8/2016 in force. "

Article 3

Modification of the Cardiotechnic Act

The Kardiotechnikergesetz (KTG), BGBl.  I n ° 96/1998, as last amended by the Federal Law BGBl.  I No 32/2014, shall be amended as follows:

1. 2a Z 1 and 2 shall 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 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.  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, 13.06.2015 p. 38; "

2. In accordance with Section 2a Z 3, the following Z 4 and 5 shall be inserted:

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, 25.06.2015 p. 27;

5.

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; '

3. Section 11 (1) reads:

" (1) The Federal Minister of Health has persons who have been issued with a certificate of qualification in the cardiotechnical service of an EEA State Party or of the Swiss Confederation, who has a Professional qualification referred to in Article 11, other than lit. a, which corresponds to Directive 2005 /36/EC on the recognition of professional qualifications equivalent to that of Austrian training, on application for recognition in the cardiotechnical service . "

4. Section 11 (5) last sentence reads:

" The choice between the adaptation period and the aptitude test shall be submitted to the applicant, with the exception of the applicant, who has a professional qualification in accordance with Article 11 lit.  (b) Directive 2005 /36/EC. '

5. In Section 11 (9), in Z 4, the word "and" are replaced by a dash, and the following Z 4a is inserted:

" 4a.

A certificate issued by the competent authority of the country of origin that the profession is not temporarily or permanently prohibited, and "

6. The following sentence shall be added to Article 11 (10):

" § 6 Services Act, BGBl.  I No 100/2011, shall apply. '

7. The following paragraphs 12 and 13 shall be added to Article 11:

" (12) Where it is established in the course of the procedure that the applicant has used forged professional qualifications, the Federal Minister of Health has the competent authorities of the other EEA States Parties through the EU Internal Market Information System (IMI) within three days of a final judicial decision in accordance with the provisions of Article 56a of Directive 2005 /36/EC and the Implementing Regulation (EU) 2015/983 information. This notification shall be notified in writing to the professional who may request a review of the lawfulness of the notification in a procedure to be completed in a modest manner; shall, in the context of the review, the illegality of the notification. , the message shall be corrected or withdrawn.

(13) In the context of the application of Directive 2005 /36/EC, the Federal Minister of Health shall cooperate with the competent authorities of the other EEA States Parties and the Swiss Confederation, mutual assistance , and to provide the necessary information, while ensuring the confidentiality of the information exchanged, in particular through the Internal Market Information System (IMI) as defined in the IMI Regulation. "

8. The following paragraph 4 is added to Section 16:

" (4) The Federal Minister of Health has the competent authorities of the other EEA States Parties concerning the withdrawal of the right to work in accordance with paragraph 1 and/or on the re-division referred to in paragraph 3 by 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 information. This notification shall be notified in writing to the professional who may request a review of the lawfulness of the notification in a procedure to be completed in a modest manner; shall, in the context of the review, the illegality of the notification. , the message shall be corrected or withdrawn. '

9. The following paragraph 4 is added to Article 36:

" (4) With 18.  January 2016 § 2a Z 1, 2, 4, and 5, § 11 para. 1 and 5, para. 9 Z 4 and 4a, para. 10, 12 and 13 and § 16 para. 4 in the version of the Federal Law BGBl.  I No 8/2016 in force. "

Article 4

Changing the MTD Act

The federal law on the regulation of high-end medical-technical services (MTD law), BGBl. No. 460/1992, as last amended by the Federal Law BGBl.  I No 33/2015, shall be amended as follows:

1. In the table of contents, after the line " § 1 ... General " insert the following lines:

" § 1a

Implementation of Union law

§ 1b

referrals "

2. In the table of contents, after the line " § 6e ... Assessment, Confirmation, and Reports " inserted:

" § 6f

EEA Recognition-European Professional Identity Card

§ 6g

EEA Recognition-Partieller Access "

3. In the table of contents, the line " § 8b ... Non-Self-Employed Professional Exercise " is replaced by the following lines:

" § 8b

Temporary provision of services-European Professional card

8c

Unselfemployed Professional Exercise

4. The table of contents contains the following lines:

" § 35a

Implementation of Union law

§ 35b

referrals "

5. In accordance with § 1, the following § § 1a and 1b together with headings are inserted:

" Implementation of Union law

§ 1a. This federal law will

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 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.  OJ L 114 of 30.04.2002 p. 6, as last amended by the decision of the Joint Committee No 1/2015, OJ L 114, 27.4.2002, p. No.  OJ L 148, 13.06.2015 p. 38;

3.

Directive 2011 /24/EU on the exercise of patients ' rights in cross-border Health care, OJ C No.  OJ L 88, 04.04.2011 p. 45;

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, 25.06.2015 p. 27;

5.

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.

referrals

§ 1b. (1) Insofar as provisions of other federal laws are referred to in this Federal Act, these are, unless otherwise specified, in their respectively applicable version

(2) By this federal law, the

1.

Pharmacy Law, RGBl. No. 5/1907,

2.

Physicians Act 1998 (ÄrzteG 1998), BGBl.  I n ° 169,

3.

Health and Health Care Law (GuKG), BGBl.  I No 108/1997,

4.

Hebammengesetz (HebG), BGBl. No. 310/1994,

5.

Kardiotechnikergesetz (KTG), BGBl.  I No 96/1998,

6.

Medical Assistance Profestions Act (MABG), BGBl.  I No 89/2012,

7.

Medical Mass and Health Insurance Act (MMHmG), BGBl.  I No 169/2002,

8.

MTF-SHD-G, BGBl. N ° 102/1961,

9.

Music Therapy Law (MuthG), BGBl.  I n ° 93/2008,

10.

Psychologengesetz 2013, BGBl.  I No 182/2013,

11.

Psychotherapy Law, BGBl. No. 361/1990,

12.

Sanitary Law (SanG), BGBl.  I No 30/2002,

13.

Dentist Law (ZÄG), BGBl.  I No 126/2005,

not touched. "

6. In § 3 paragraph 3 Z 2, the term "§ 5 para. 4 FHStG" is replaced by the term "§ 6 para. 6 FHStG" .

7. § 6b (1) reads:

" (1) The Federal Minister for Health (in) has issued a State Party to the Agreement on the European Economic Area (EEA Contracting State) or the Swiss Confederation Qualification certificates in an upper medical-technical service, to be recognised upon application as qualification certificate in the relevant upper medical-technical service, if the acquired professional qualification of the relevant Austrian training is equivalent. "

8. Section 6b (5) of the last sentence is replaced by the following:

" The choice between the adaptation period and the aptitude test shall be submitted to the applicant (s), with the exception of the applicant (s) who has a professional qualification as referred to in Article 11 lit.  (b) Directive 2005 /36/EC. If the applicant (s) has a professional qualification in accordance with Article 11 lit.  a Directive 2005 /36/EC provides that recognition may be linked to the condition of successful completion of an adaptation period as well as an aptitude test. '

9. In Section 6b (6), in Z 4 the word "and" shall be replaced by a letter and the following Z 4a shall be inserted:

" 4a.

A certificate issued by the competent authority of the country of origin that the profession is not temporarily or permanently prohibited, and "

10. The following sentence shall be added to Section 6b (7):

" § 6 Services Act, BGBl.  I No 100/2011, shall apply. '

11. The following (10) and (11) are added to Section 6b:

" (10) Where it is established in the course of the proceedings that the applicant (s) has used forged professional qualifications, the Federal Minister of Health (in) for Health shall have the competent authorities of the Other EEA States Parties through the EU Internal Market Information System (IMI) within three days of a final judicial decision in accordance with the provisions of Article 56a of Directive 2005 /36/EC and the Implementing Regulation (EU) 2015/983 to inform. The report shall be notified in writing to the professional (s) who may apply for a review of the lawfulness of the notification in a procedure to be completed in a modest manner; will the unlawfulness of the review in the context of the review. If the message is detected, the message shall be corrected or withdrawn.

(11) The Federal Minister for Health, in the context of the application of Directive 2005 /36/EC, shall cooperate with the competent authorities of the other EEA States Parties and of the Swiss Confederation, to provide assistance and provide the necessary information, while ensuring the confidentiality of the information exchanged, in particular through the Internal Market Information System (IMI) within the meaning of the IMI Regulation. "

12. In accordance with § 6e, the following § § 6f and 6g shall be inserted together with the headings:

" EEA Recognition-European Professional Identity Card

§ 6f. (1) The Federal Minister of Health (in) has an EEA recognition on request of a qualification certificate in the physiotherapeutic service by means of 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) 2005/983.

(2) For nationals of an EEA Contracting State or of the Swiss Confederation, who are legally exercising the physiotherapeutic service in Austria, or have acquired a qualification certificate in the physiotherapeutic service in Austria and an EEA recognition in another EEA State Party or the Swiss Confederation by means of the European Professional Card for the country of origin of the country of origin under the conditions laid down in Article 4a et seq. of the of Directive 2005 /36/EC and of the Implementing Regulation (EU) 2015/983.

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

EEA Recognition-Partieller Access

§ 6g. (1) The Federal Minister of Health (in) has, on a case-by-case basis, persons who have received an application in another EEA Contracting State or the Swiss Confederation. Qualification certificate in a field of an upper medical-technical service and qualified in that State without restriction to the pursuit of professional activity, partial access to a professional activity in to the appropriate higher medical-technical service , if the following conditions are met:

1.

The differences between the lawfully exercised work in the home Member State and the corresponding high-level medical-technical service under this federal law is so great that the application of compensatory measures of the requirement to the applicant (s) would be equivalent to the full training programme in Austria through to access to the entire upscale medical-technical service in Austria;

2.

The activities included in the acquired qualification can be objectively determined by others Separate upper-level medical-technical service activities;

3.

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

(2) § 6b (2) to (11) shall 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 (patients), the service providers, or to clearly inform the recipients of the extent of their professional activities. '

13. In Section 8a (2), at the end of Z 2, the word "and"is replaced by the following Z 4 at the end of Z 3, and the following Z 4 is added:

" 4.

Declaration on the knowledge of the German language required for the professional exercise in Austria Language. "

14. The text of the previous § 8b is given the section title "§ 8c", according to § 8a the following new § 8b with headline is inserted:

" Temporary provision of services-European professional card

§ 8b. (1) The Landeshauptmann (Main State Governor) has, on request, the procedure concerning the temporary provision of services in accordance with § 8a in the physiotherapeutic service by means of 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.

(2) For persons who legitimately exercise the physiotherapeutic service in Austria and who are in another EEA Contracting State or the Swiss Confederation by means of the European professional card, the Temporary provision of services by electronic request shall be made by the provincial governor (national principal) who is responsible for the country of origin in accordance with the provisions of Article 4a et seq. of Directive 2005 /36/EC and of the Implementing Regulation (EU) 2015/983.

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

15. The following paragraph 4 is added to § 12:

" (4) The Federal Minister of Health (in) has the competent authorities of the other EEA States Parties concerning the withdrawal of the right to work in accordance with paragraph 1 and/or on the re-division referred to in paragraph 3 by 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 information. The report shall be notified in writing to the professional (s) who may apply for a review of the lawfulness of the notification in a procedure to be completed in a modest manner; will the unlawfulness of the review in the context of the review. The message shall be corrected or withdrawn. "

16. In § 33 Z 3, the expression "§ 6g para. 3," is inserted before the expression "§ 7b" .

17. § § 35a and 35b together with headings are deleted.

18. The following paragraph 19 is added to Article 36:

" (19) With 18.  Jänner 2016 to enter

1.

The table of contents, § 1a, including heading, § 6b, para. 1 and 5, para. 6, Z 4 and 4a, para. 7, 10 and 11, § § 6f and 6g together with headlines, § 8a sec. 2 Z 2 to 4, § 8b together with the title; § 8c and § 12 paragraph 4 in the version of the Federal Law BGBl.  I n ° 8/2016 in force and

2.

§ 35a and headline heading out of force. "

Article 5

Amendment of Medical Assistant-Law-Law

The Medical Assistants ' Law (MABG), BGBl.  I n ° 89/2012, as last amended by the Federal Law BGBl.  I No 33/2015, shall be amended as follows:

1. § 1 (5) Z 10 reads:

" 10.

Psychologengesetz 2013, BGBl.  I No 182/2013, "

2. § 3 Z 1 and 2 is:

" 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 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.  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, 13.06.2015 p. 38; "

3. In accordance with § 3 Z 2, the following Z 3 and 4 are inserted:

3.

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, 25.06.2015 p. 27;

4.

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. Section 16 (1) reads:

" (1) The Federal Minister for Health shall have persons who are a member of a State Party to the Agreement on the European Economic Area (EEA Contracting State) or the Swiss Confederation. Proof of qualification in a medical assistant has been issued, on request, to be granted recognition in the appropriate medical assistance profession, provided that the acquired professional qualification of the corresponding Austrian training is equivalent. "

5. In Section 16 (4), in Z 4, the word "and" are replaced by a dash, and the following Z 4a is inserted:

" 4a.

A certificate issued by the competent authority of the country of origin that the profession is not temporarily or permanently prohibited, and "

6. The following sentence shall be added to Article 16 (5):

" § 6 Services Act, BGBl.  I No 100/2011, shall apply. '

7. The following paragraphs 11 and 12 are added to § 16:

" (11) If it is found in the course of the proceedings that the applicant has used forged professional qualifications, the Federal Minister of Health has the competent authorities of the other EEA States Parties through the EU Internal Market Information System (IMI) within three days of a final judicial decision in accordance with the provisions of Article 56a of Directive 2005 /36/EC and the Implementing Regulation (EU) 2015/983 information. This notification shall be notified to the professionals in writing who may request a review of the lawfulness of the notification in a procedure to be completed in a modest manner; will, in the context of the review, the illegality of the persons concerned. If the message is detected, the message must be corrected or redrawn.

(12) In the context of the application of Directive 2005 /36/EC, the Federal Minister for Health shall cooperate with the competent authorities of the other EEA States Parties and the Swiss Confederation, to provide assistance and provide the necessary information, while ensuring the confidentiality of the information exchanged, in particular through the Internal Market Information System (IMI) within the meaning of the IMI Regulation. "

8. The following paragraph 6 is added to Article 19:

" (6) The Federal Minister for Health shall have the competent authorities of the other EEA States Parties concerning the withdrawal of the right to work in accordance with paragraph 1 and/or on the re-division referred to in paragraph 3 by 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 information. This notification shall be sent to the professionals in writing and may request a review of the lawfulness of the notification in a procedure to be completed in a modest manner; shall, in the context of the review, the illegality of the If the message is detected, the message is to be corrected or withdrawn. "

9. In § 22, in paragraph 2, the phrase "laboratory assistant or radiology assistance" is defined by the phrase "laboratory assistant or x-ray assistant" and in paragraph 4 of the expression " (paragraph 2).  2 " by the expression " paragraph  3 " .

10. In § 32, the second paragraph 3 receives the sales designation "(3a)".

11. The following paragraph 4 is added to § 42:

" (4) With 18.  January 2016 § 3, § 16 (1), (4) (4) and (4a), (5), (11) and (12) and § 19 (6) in the version of the Federal Law BGBl (Federal Law Gazette).  I No 8/2016 in force. "

Article 6

Amendment of the Medical Mass And Medicinal Mass Law

The Medical Masseur and Heilmasseurgesetz (MmHMG), BGBl.  I n ° 169/2002, as last amended by the Federal Law BGBl.  I No 33/2015, shall be amended as follows:

1. § 1a Z 1 and 2 shall 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 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.  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, 13.06.2015 p. 38; "

2. In accordance with Section 1a Z 3, the following Z 4 and 5 are inserted:

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, 25.06.2015 p. 27;

5.

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; '

3. Section 10 (1) reads:

" (1) The Federal Minister of Health shall have persons who are subject to a qualification certificate from a State Party to the Agreement on the European Economic Area (EEA Contracting State) or the Swiss Confederation was issued as a medical masseur upon application to be granted recognition as a medical masseur, provided that the professional qualification acquired is equivalent to that of Austrian education. "

4. In Section 10 (9), in Z 4, the word "and" are replaced by a dash, and the following Z 4a is inserted:

" 4a.

A certificate issued by the competent authority of the country of origin that the profession is not temporarily or permanently prohibited, and "

5. The following sentence shall be added to Article 10 (10):

" § 6 Services Act, BGBl.  I No 100/2011, shall apply. '

6. The following paragraphs 12 and 13 are added to § 10:

" (12) Where it is established in the course of the procedure that the applicant has used forged professional qualifications, the Federal Minister of Health has the competent authorities of the other EEA States Parties through the EU Internal Market Information System (IMI) within three days of a final judicial decision in accordance with the provisions of Article 56a of Directive 2005 /36/EC and the Implementing Regulation (EU) 2015/983 information. This notification shall be notified in writing to the professional who may request a review of the lawfulness of the notification in a procedure to be completed in a modest manner; shall, in the context of the review, the illegality of the notification. , the message shall be corrected or withdrawn.

(13) In the context of the application of Directive 2005 /36/EC, the Federal Minister of Health shall cooperate with the competent authorities of the other EEA States Parties and the Swiss Confederation, mutual assistance , and to provide the necessary information, while ensuring the confidentiality of the information exchanged, in particular through the Internal Market Information System (IMI) as defined in the IMI Regulation. "

7. § § 15 and 47 shall be added to the following paragraph 4:

" (4) The Federal Minister of Health has the competent authorities of the other EEA States Parties concerning the withdrawal of the right to work in accordance with paragraph 1 and/or on the re-division referred to in paragraph 3 by 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 information. This notification shall be notified in writing to the professional who may request a review of the lawfulness of the notification in a procedure to be completed in a modest manner; shall, in the context of the review, the illegality of the notification. , the message shall be corrected or withdrawn. '

8. Section 16 (3) reads:

"(3) § 15 (3) and (4) shall apply."

9. Section 39 (3), section 40 (3) and section 63 (3) reads as follows:

"(3) § 10 (2) and (5) to (13) shall apply."

10. In Section 46a (2), at the end of Z 2, the word "and"shall be replaced by a dash at the end of Z 3, and the following Z 4 shall be added:

" 4.

Declaration on the knowledge of the German language required for the professional exercise in Austria Language. "

11. Section 48 (3) reads:

"(3) § 47 (3) and (4) shall apply."

12. In Article 63, the following (2) and (2a) are inserted:

" (2) The Federal Minister of Health shall, on request in individual cases, have persons who have a qualification certificate in another EEA State Party or the Swiss Confederation in an individual case. have acquired a special qualification in accordance with § 60 without qualification as a medical masseur or a medical asseur, and are qualified in that state without restriction to the pursuit of the professional activities of the appropriate special qualification, a to grant partial access to the appropriate special qualification if: The following conditions are met:

1.

The differences between the lawfully exercised work in the home Member State and the medical masseur, including the appropriate special qualification under this Federal Act, are so large that the application of compensatory measures of the requirement to the applicant is equivalent to the full training programme of the applicant. medical masseur in Austria;

2.

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

(2a) Persons who have been granted partial access in accordance with paragraph 2 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, the service providers, or to clearly inform the recipients of the scope of their professional activities. '

13. Section 78 (1) Z 3 reads:

" 3.

One or more in § 1 para. 2, § 2, § 3, § 4, § 6 para. 3, § 31 para. 4, § 32, § 33, § 34, § 35 (1), § 44, § 46 (4), (5) or (6), § 46a (2) or (3), § 61 (4) or § 63 (2a) are contrary to orders or prohibitions, "

14. The following paragraph 9 is added to Article 89:

" (9) With 18.  January 2016 enter § 1a Z 1, 2, 4 and 5, § 10 para. 1, para. 9 Z 4 and 4a, para. 10, 12 and 13, § 15 para. 4, § 16 para. 3, § 39 para. 3, § 40 para. 3, § 46a para. 2 Z 2 to 4, § 47 para. 4, § 48 para. 3 and § 63 para. 2, 2a and 3 in the version of the Federal Act BGBl.  I No 8/2016 in force. "

Article 7

Amendment of the Sanitary Law

The Sanitary Law (Sanitary Act), BGBl.  I n ° 30/2002, as last amended by the Federal Law Gazette (BGBl).  I No 32/2014, shall be amended as follows:

1. 2a Z 1 and 2 shall 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 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.  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, 13.06.2015 p. 38; "

2. In accordance with Section 2a Z 2, the following Z 3 and 4 are inserted:

3.

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, 25.06.2015 p. 27;

4.

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; '

3. Section 18 (1) reads:

" (1) The Federal Minister of Health shall have persons who are subject to a qualification certificate from a State Party to the Agreement on the European Economic Area (EEA Contracting State) or the Swiss Confederation for the profession or the activities as a paramedic have been issued, on request, to be granted recognition as paramedics or emergency paramedics, provided that the professional qualification acquired is equivalent to that of Austrian education. "

4. In Section 18 (9), in Z 4, the word "and" shall be replaced by a supplement, and the following Z 4a shall be inserted:

" 4a.

A certificate issued by the competent authority of the country of origin that the profession is not temporarily or permanently prohibited, and "

5. The following sentence shall be added to section 18 (10):

" § 6 Services Act, BGBl.  I No 100/2011, shall apply. '

6. The following paragraphs 12 and 13 are added to Section 18:

" (12) Where it is established in the course of the procedure that the applicant has used forged professional qualifications, the Federal Minister of Health has the competent authorities of the other EEA States Parties through the EU Internal Market Information System (IMI) within three days of a final judicial decision in accordance with the provisions of Article 56a of Directive 2005 /36/EC and the Implementing Regulation (EU) 2015/983 information. This notification shall be notified in writing to the professional who may request a review of the lawfulness of the notification in a procedure to be completed in a modest manner; shall, in the context of the review, the illegality of the notification. , the message shall be corrected or withdrawn.

(13) In the context of the application of Directive 2005 /36/EC, the Federal Minister of Health shall cooperate with the competent authorities of the other EEA States Parties and the Swiss Confederation, mutual assistance , and to provide the necessary information, while ensuring the confidentiality of the information exchanged, in particular through the Internal Market Information System (IMI) as defined in the IMI Regulation. "

7. The following paragraph 5 is added to Article 25:

" (5) The Federal Minister of Health has the competent authorities of the other EEA States Parties concerning the withdrawal of the right to work in accordance with paragraph 1 and/or on the re-division referred to in paragraph 3 by 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 information. This notification shall be notified in writing to the professional who may request a review of the lawfulness of the notification in a procedure to be completed in a modest manner; shall, in the context of the review, the illegality of the notification. , the message shall be corrected or withdrawn. '

8. The following paragraph 5 is added to Section 64:

" (5) With 18.  January 2016 Section 2a, Section 18, Section 1, Section 9, Z 4 and 4a, Para. 10, 12 and 13 and Section 25 (5) of the Federal Law BGBl Act.  I No 8/2016 in force. "

Article 8

Amendment of the Dentist Act

The Dentist Law (ZÄG), BGBl.  I n ° 126/2005, as last amended by the Federal Law BGBl.  I No 32/2014, shall be amended as follows:

1. § 2 Z 1 and 2 is:

" 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 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.  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, 13.06.2015 p. 38; "

2. In accordance with § 2 Z 3, the following Z 4 is inserted:

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, 25.06.2015 p. 27; "

3. § 3 (5) Z 11 reads:

" 11.

Psychologengesetz 2013, BGBl.  I No 182/2013, "

4. The following paragraph 3 is added to § 6:

" (3) More information on the evidence of sufficient knowledge of the German language in accordance with Section 1 (4) and on the organisation and conduct of the German examination, including one for the conduct of the examination. The Austrian Dental Chamber of Dentists has to regulate the examination of 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. "

5. § 9 is:

"§ 9. (1) The Austrian Dentist Chamber has the following qualifications issued by an EEA State Party or the Swiss Confederation on application as a dental Recognition of qualifications in accordance with the provisions of Directive 2005 /36/EC:

1.

Training evidence of the dentist/dentist in accordance with Annex V, point 5.3.2 in conjunction with Article 21 (1) of Directive 2005 /36/EC;

2.

Dental qualifications of the dentist, including a certificate in accordance with Article 23 (1), (2), (4), (5) or (6) of Directive 2005 /36/EC;

3.

Training evidence of the doctor or doctor, including a certificate referred to in Article 37 (1), (2) or (4) of Directive 2005 /36/EC;

4.

Training evidence of the dentist/dentist referred to in Article 10 lit.  (b) Directive 2005 /36/EC;

5.

Training evidence of the dentist/dentist referred to in Article 10 lit.  g, including a certificate pursuant to Article 3 (3) of Directive 2005 /36/EC.

(2) The Federal Minister for Health has to lay down more detailed provisions on the qualifications to be recognised in accordance with paragraph 1 of this Regulation.

(3) The Applicant/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 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 issued by the competent authority of the country of origin that the profession is not temporarily or permanently prohibited, and

6.

A proof of a residence or a delivery agent in Austria

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

(4) The Austrian Dentist Chamber shall confirm the receipt of the documents within one month and shall inform you of the missing documents. The decision on the recognition has

1.

in cases where automatic recognition is provided for under Directive 2005 /36/EC is (par.  1: 1 to 3) within three months and

2.

in cases where no automatic recognition is provided due to Directive 2005 /36/EC is (par.  1 Z 4 and 5), within four months

complete submission of the required documents. § 6 Services Act, BGBl.  I No 100/2011, shall apply.

(5) Where it is established, within the framework of the procedure, that the applicant has used forged professional qualifications, the Austrian Dentistry Chamber shall have the competent authorities of the Other EEA States Parties through the EU Internal Market Information System (IMI) within three days of a final judicial decision in accordance with the provisions of Article 56a of Directive 2005 /36/EC and the Implementing Regulation (EU) 2015/983 to inform. This notification shall be notified to the professionals in writing who may request a review of the lawfulness of the notification in a procedure to be completed in a modest manner; will, in the context of the review, the illegality of the persons concerned. If the message is detected, the message is to be corrected or withdrawn. "

6. In section 31 (2), at the end of Z 2, the word "and"is replaced by an accreting point at the end of Z 3, and the following Z 4 and 5 are added:

" 4.

Declaration on the knowledge of the German language required for the professional exercise in Austria language,

5.

Proof of professional indemnity insurance in accordance with § 26c. "

7. Section 43 (1a) shall not apply to the last sentence.

8. The following paragraph 5 is added to Article 45:

" (5) The Austrian Dentistry Chamber has the competent authorities of the other EEA States Parties concerning the withdrawal of the right to work in accordance with paragraph 1 and/or on the re-registration pursuant to paragraph 4 by 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 information. This notification shall be notified to the professionals in writing who may request a review of the lawfulness of the notification in a procedure to be completed in a modest manner; will, in the context of the review, the illegality of the persons concerned. If the message is detected, the message is to be corrected or withdrawn. "

9. The following paragraph 7 is added to Article 46:

" (7) The Landeshauptmann/Landeshauptfrau (Landeshauptmann/Landeshauptfrau) has the competent authorities of the other EEA States Parties on the provisional subsection pursuant to para. 1 and 2 by way of the EU Internal Market Information System (IMI) within three days to notify the decision in accordance with the provisions of Article 56a of Directive 2005 /36/EC and of the Implementing Regulation (EU) 2015/983. This notification shall be notified to the professionals in writing who may request a review of the lawfulness of the notification in a procedure to be completed in a modest manner; will, in the context of the review, the illegality of the persons concerned. If the message is detected, the message is to be corrected or withdrawn. "

10. The following paragraph 3 is added to Section 47:

" (3) The Austrian Dental Association has the competent authorities of the other EEA States Parties concerning the restriction of the professional practice referred to in paragraph 1 by means of the EU Internal Market Information System (IMI) within three days according to a final decision, in accordance with the provisions of Article 56a of Directive 2005 /36/EC and of the Implementing Regulation (EU) 2015/983. This notification shall be notified to the professionals in writing who may request a review of the lawfulness of the notification in a procedure to be completed in a modest manner; will, in the context of the review, the illegality of the persons concerned. If the message is detected, the message is to be corrected or withdrawn. "

11. The following paragraph 3 is added to § 48:

" (3) The Austrian Dental Association has the competent authorities of the other EEA States Parties concerning the restriction of the professional practice referred to in paragraph 1 by means of the EU Internal Market Information System (IMI) within three days according to a final decision, in accordance with the provisions of Article 56a of Directive 2005 /36/EC and of the Implementing Regulation (EU) 2015/983. This notification shall be notified to the professionals in writing who may request a review of the lawfulness of the notification in a procedure to be completed in a modest manner; will, in the context of the review, the illegality of the persons concerned. If the message is detected, the message is to be corrected or withdrawn. "

12. Section 78 (1) reads:

" (1) The Federal Minister for Health has persons who have issued a certificate of qualification in the dental assistance of an EEA State Party or of the Swiss Confederation was granted on application for recognition in the dental assistant, provided that the professional qualification acquired is equivalent to that of Austrian training. § 6 Services Act, BGBl.  I No 100/2011, shall apply. '

13. In accordance with Article 78 (2), the following paragraphs 3 and 3a are inserted:

" (3) Insofar as the procedure referred to in paragraph 1 states that the applicant has used forged professional qualifications, the Federal Minister of Health shall have the competent authority responsible for: Authorities of other EEA States Parties by way of the EU Internal Market Information System (IMI) within three days of final judicial decision in accordance with the provisions of Article 56a of Directive 2005 /36/EC and the implementing Regulation (EU) 2015/983. This notification shall be notified to the professionals in writing who may request a review of the lawfulness of the notification in a procedure to be completed in a modest manner; will, in the context of the review, the illegality of the persons concerned. If the message is detected, the message must be corrected or redrawn.

(3a) The Minister for Health of the Federal Republic of Germany has the competent authorities of the other EEA States Parties and the Swiss Confederation responsible for the application of the Directive 2005 /36/EC To provide information with a view to ensuring the confidentiality of the information exchanged, in particular through the Internal Market Information System (IMI) within the meaning of the IMI Regulation. "

14. The following paragraph 6 is added to Section 79:

" (6) The Federal Minister for Health has the competent authorities of the other EEA States Parties concerning the withdrawal of the right to work in accordance with paragraph 1 and/or on the re-division referred to in paragraph 3 by 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 information. This notification shall be notified to the professionals in writing who may request a review of the lawfulness of the notification in a procedure to be completed in a modest manner; will, in the context of the review, the illegality of the persons concerned. If the message is detected, the message is to be corrected or withdrawn. "

15. The following paragraphs 5 and 6 are added to § 84:

" (5) Without prejudice to paragraph 4, the Federal Minister for Health shall, on a case-by-case basis, request persons who are in another EEA State Party or the Swiss Confederation Qualification certificate in prophylaxis or dental hygiene without qualification in the dental assistant acquired and in this state without restriction to the exercise of the professional activity of prophylaxis assistance or dental hygiene are qualified, a partial access to the special qualification To grant a prophylactic assistance if the following conditions are met:

1.

The differences between the lawfully exercised work in the home Member State and the dental assistant, including the special qualification prophylaxis assistant in accordance with this federal law, are so great that the application of compensatory measures of the requirement to the applicant/applicant would be equal, the Full training programme of dental assistance in Austria to go through;

2.

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

(6) Persons who have been granted partial access in accordance with paragraph 5 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.

clearly inform the service providers about the scope of their professional activities. "

16. In Section 89 (5) Z 2, after the expression "§ 82 para. 2" , the expression ", § 84 para. 6" is inserted.

17. The following paragraph 8 is added to § 90:

" (8) With 18.  January 2016 enter § 2 Z 1,2 and 4, § 6 para. 3, § 9, § 31 paragraph 2 Z 2 to 5, § 45 paragraph 5, § 46 para. 7, § 47 para. 3, § 48 para. 3, § 78 para. 1, 3 and 3a, § 79 para. 6 and § 84 para. 5 and 6 in the version of the Federal Law BGBl.  I No 8/2016 in force. "

Article 9

Amendment of the Dental Protection Act

The Dental Medical Association Act (ZÄKG), BGBl.  I n ° 154/2005, as last amended by the Federal Law BGBl.  I n ° 46/2014 shall be amended as follows:

1. Section 7 (4) reads:

" (4) The Austrian Dental Association and the State Dental Chambers have within their scope within the scope of the application of the

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 305, 24.10.2014 p. 115, as well as

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,

cooperate with the competent authorities of the other EEA States Parties and the Swiss Confederation, to provide assistance and to provide the necessary information in accordance with (5), in particular through the Internal Market Information System (IMI), within the meaning of Regulation (EU) No 1024/2012 on administrative cooperation with the assistance of the internal market information system and repealing Commission Decision 2008 /49/EC ("IMI Regulation") , OJ No.  OJ L 316 of 14.11.2012 p. 1, as last amended by Directive 2014 /67/EU, OJ L 327, 28.12.2014, p. No.  OJ L 159, 28.5.2014, p. 11, to be obtained and to be granted. '

2. § 20 (1) (10) and (11) reads:

" 10.

Recognition of professional qualifications in accordance with § 9 ZÄG;

11.

Implementation of procedures concerning the temporary provision of services in accordance with § 31 ZÄG; "

3. In Section 20 (4), the point at the end of Z 3 shall be replaced by a line-point and the following Z 4 shall be added:

" 4.

Rules on the examination of sufficient knowledge of the German language (language examination regulation). "

4. The following paragraph 10 is added to Section 126:

" (10) With 18.  January 2016 will be replaced by Section 7 (4) and Section 20 (4) (3) and (4) in the version of the Federal Law BGBl.  I No 8/2016 in force. "

Fischer

Faymann