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

Read the untranslated law here: http://www.ris.bka.gv.at/Dokumente/BgblAuth/BGBLA_2016_I_8/BGBLA_2016_I_8.html

8 federal law that modifies the health and nursing Act, the midwifery Act, the Kardiotechnikergesetz, the MTD law, medical assistant professions law, the medical masseur and masseur Act, the paramedic Act, the dentist Act and the dentist Chamber Act (1 EU vocational recognition Act health professions 2016-1 EU-BAG-GB 2016)

The National Council has decided:

Table of contents



Article 1 change of health and nursing law article 2 amendment to the midwifery Act article 3 change of Kardiotechnikergesetzes article 4 amendment of MTD Act article 5 amendment of the Medical Assistant professions Act article 6 amending medical masseur - and healing massage therapist law article 7 amending the medical Act article 8 amendment to the dentist Act article 9 amendment of the dental Chamber Act article 1

Change of health and nursing Act

The health and nursing Act (GuKG), Federal Law Gazette I no. 108/1997, as last amended by Federal Law Gazette I no. 185/2013 and the Ministry of the Bill 2014, Federal Law Gazette I no. 11/2014, is amended as follows:

1. in the table of contents is following the line "§ 3 c... Personal assistants' following row is inserted:


'§ 3d care internship of students' 1a. In the table of contents, "§ 28a... will be after the line EEA-recognition"following row is inserted:


"paragraph 28 (b) EEA recognition - European professional card" 2. In the table of contents is after the line "§ 30... EEA certificate of qualification-special, teaching and leadership "following row is inserted:


"section 30a EEA-recognition - partial access" 3. In the table of contents is after the line "§ 39... Temporary provision of services"following row is inserted:


"article 39a temporary provision of services - European professional card" 4. paragraph 2a of Nos. 1 and 2 is:



"1. Directive 2005/36/EC on the recognition of professional qualifications, OJ No L 255 of the 30.09.2005 p. 22, as last amended by Directive 2013/55/EC, OJ No. L 354 of the 28.12.2013 p. 132, as amended by the amending OJ No. L 305 of the 24.10.2014 p. 115;

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

5. According to paragraph 2a of the No. 3 following Nos. 4 and 5 are inserted:



"4. the implementing Regulation (EU) 2015/983 concerning the procedures for the issue of the European professional card and the application of the early warning mechanism in accordance with Directive 2005/36/EC, OJ No. L 159 of the 25.06.2015 S. 27;

5. the Regulation (EU) No. 1024/2012 through administrative cooperation with the internal market information system and repealing Decision 2008/49/EC ("IMI Regulation), OJ No L 316 of the 14.11.2012 p. 1, last amended by the 2014/67/CE directive, OJ "No. L 159 of the 28.5.2014 S. 11;"

5a. According to § 3c 3d the following paragraph with heading shall be inserted:

"Nursing Practicum students

section 3d. Students of training in a health profession are entitled to a nursing internship provided for in the study regulations, point 3 of the agreement on social care professions under the guidance and supervision of a member of the upscale service for health and nursing carry supporting activities at the basic care in accordance with Annex 2 unless they have successfully completed the theoretical training of the training module "support the basic care' according to GuK-BAV, an equivalent theoretical training, or training in a health profession. The professional exercise of these activities is prohibited."

6. in article 28a paragraph 5 4 are in Z the Word replaces "and" with a comma and following Z 4a is inserted:



"4a. a certificate of the competent authority of the home Member State, that the profession has been prohibited temporarily or permanently and" 7. The following sentence is added to § 28a paragraph 6:

"§ 6 Services Act, Federal Law Gazette I is no. 100/2011, to apply."

8. in article 28a be attached following paragraph 9 and 10:

"(9) if determined in the framework of the procedure, that the applicant has used fake vocational qualifications, the Federal Minister of health has the provisions of article 56a of the Directive 2005/36/EC and the implementing Regulation (EU) 2015/983 to competent authorities of the other EEA Contracting States in the way of the EU internal market information system (IMI) within three days after rechtskräftiger judicial decision after. About this message, the professionals is to teach writing, which administrative decision may request a review of the legality of the message in one to be procedures; is the illegality of the message is determined in the context of the review, is the message to rectify or withdraw.

(10) the Federal Minister for health has within the framework of the application of the Directive 2005/36/EC to work with the competent authorities of the other Contracting States of the EEA and the Swiss Confederation, to provide assistance and the necessary information while ensuring the confidentiality of the information exchanged, in particular in the way the internal market information system (IMI) in the regulation of the IMI, obtaining, and to grant."

9. According to section 28a, the following section is inserted 28B and heading:

"EEA-recognition - European professional card

§ has an EEA recognition of a qualification referred to in section 29 in the general health and nursing in the ways of the European professional card 28. (1) the Federal Minister of health on request according to the provisions of Article 4a et seq. Directive 2005/36/EC and the implementing Regulation (EU) making 2015/983.

(2) for persons who legally exercise the general health and nursing in Austria, in Austria have acquired a certificate of qualification in the general health and nursing, and electronically apply for an EEA recognition in another EEA Contracting State or the Swiss Confederation in the form of the European professional card, you are by the Governor for the State of origin in accordance with Article 4a et seq. perform tasks assigned to the Directive 2005/36/EC and the implementing Regulation (EU) 2015/983.

(3) the Federal Minister for health may lay down more detailed provisions relating to the procedures referred to in paragraphs 1 and 2 by regulation."

10. in article 29, paragraph 1 Z 3 is the expression "article 33 para 2 and 3" by the expression "article 33 paragraph 3" replaced.

11. in article 30, paragraph 1 is omitted the phrase "a certificate or diploma in accordance with art. 11 lit. "b to e of Directive 2005/36/EC comply with and".

12. after section 30 the following article 30a together with heading shall be inserted:

"EEA-recognition - partial access

section 30a. (1) the Federal Minister of health has people who have acquired a certificate of qualification in a special task without basic training in the upscale health and nursing service in another EEA Contracting State or the Swiss Confederation and are qualified in that State without any restrictions to the exercise of the professional activity to grant partial access to a profession in the corresponding special task on request in individual cases , if the following conditions are met:



1. the differences between the lawfully exercised professional activities in the Member State of origin and the special mission under this Federal Act are so large, that the application of compensatory measures would be the requirement for the applicant to go through the full training programme in Austria, to gain access to the entire special task in Austria;

2. the activities covered by the acquired qualification can be objectively from others by the corresponding special task separated covered activities;

3. no compelling reasons of general interest conflict partial access.

(2) § to apply paragraph 2, 5, 6 and 8 to 10 and § 30 para 2 to 5 is 28a.

(3) persons to whom a partial access was granted in accordance with paragraph 1 have



1 their profession under the professional title of the Member State of origin and, if necessary, also under the in the recognition decision to perform set German-language name, and 2. to inform the affected patients, clients or infirm people, the employer or the recipient clearly beyond the scope of their professional activities."

13. in article 39, paragraph 2 is eliminated at the end of the No. 2 the word "and", the point at the end of the No. 3 will be replaced by a comma and is attached following Z 4:



"4. Declaration of the knowledge required for the exercise of the profession in Austria the German language."

14. under section 39, the following article 39a and heading shall be inserted:

"Temporary provision of services - European professional card


Article 39a. (1) the Governor has the procedure concerning the temporary provision of services in accordance with section 39 in the general health and nursing in the ways of the European professional card on request according to the provisions of Article 4a et seq. Directive 2005/36/EC and the implementing Regulation (EU) making 2015/983.

(2) for nationals of EEA Contracting State or the Swiss Confederation, which legally exercise the general health and nursing in Austria and in another EEA Contracting State or the Swiss Confederation in the form of the European professional card, apply for the temporary provision of services electronically, you are by the Governor for the State of origin in accordance with Article 4a et seq. perform tasks assigned to the Directive 2005/36/EC and the implementing Regulation (EU) 2015/983.

(3) the Federal Minister for health may lay down more detailed provisions relating to the procedures referred to in paragraphs 1 and 2 by regulation."

Each the following paragraph 4 is added to 15 §§ 40 and 91:

"(4) the Federal Minister of health has the competent authorities of the other EEA Contracting States withdrawing the professional qualifications referred to in paragraph 1 or the re-granting pursuant to par. 3 in the ways of the EU internal market information system (IMI) within three days after rechtskräftiger decision according to the provisions of article 56a of the Directive 2005/36/EC and the implementing Regulation (EU) 2015/983 to. About this message, the professionals is to teach writing, which administrative decision may request a review of the legality of the message in one to be procedures; is the illegality of the message is determined in the context of the review, to rectify or withdraw message is."

16. According to article 41, paragraph 1, the following paragraph 1a is inserted:

"(1a) In the course of training in the general health and nursing are in the regulation according to § 28 para 3 to provide specific expertise, social-communicative skills and personal skills."

17 append the following paragraph 9 and 10 to the section 87:

"(9) if determined in the framework of the procedure, that the applicant has used fake professional qualifications, has



1. in cases of paragraph 1 of the Federal Minister of health, and 2. in cases of para 2 the Governor to inform the competent authorities of the other EEA Contracting States in the way of the EU internal market information system (IMI) within three days after final judicial decision according to the provisions of article 56a of the Directive 2005/36/EC and the implementing Regulation (EU) 2015/983. This message is to inform professionals which administrative decision may request a review of the legality of the message in one to be procedures in writing; is the illegality of the message is determined in the context of the review, is the message to rectify or withdraw.

(10) the Federal Minister for health or the Governor has during the application of the Directive 2005/36/EC to work with the competent authorities of the other Contracting States of the EEA and the Swiss Confederation, to provide assistance and the necessary information while ensuring the confidentiality of the information exchanged, in particular in the way the internal market information system (IMI) in the regulation of the IMI, obtaining, and to grant."

18. in article 105, paragraph 1, no. 4 is inserted after the expression "section 12 para 6," the expression "section 30a para 3,".

19 19 the following paragraph is added to article the 117:

"(19) with 18 January 2016 the contents, § 2a Nos. 1, 2, 4 and 5, section 28a para 5 No. 4 and 4a, para. 6, 9 and 10, section 28 step b together with headline, article 29, paragraph 1 along with no. 3, § 30 para 1, § 30a heading, § 39 para 2 Z 2 to 4, article 39a along with heading, § 40, para 4, § 41 para 1a, § 87 par. 9 and 10 and section 91 paragraph 4 as amended by Federal Law Gazette I no. 8/2016 in force."

Article 2

Amendment of the midwifery Act

The midwifery Act (HebG), Federal Law Gazette No 310/1994, as last amended by Federal Law Gazette I no. 197/2013 and the Ministry of the Bill 2014, Federal Law Gazette I no. 11/2014, is amended as follows:

1 § 2 para 3 Z 8 is:



"8 2013 psychologist Act, Federal Law Gazette I no. 182/2013," 2. In article 12, paragraph 1 Z 3 is the expression "article 43 paragraph 3 or 4" by the expression "article 43 para. 4" replaced.

3. in article 12, paragraph 5, 4 are in Z the Word replaces "and" with a comma and following Z 4a is inserted:



"4a. a certificate of the competent authority of the home Member State, that the profession has been prohibited temporarily or permanently and" 4. The following sentence is added to § 12 section 6:

"§ 6 Services Act, Federal Law Gazette I is no. 100/2011, to apply."

5. § 12 the following paragraph 7 is added:

"(7) as far as is determined in the context of the procedure that the applicant / applicant has used fake vocational qualifications, the Austrian midwife Panel has that the provisions of article 56a of the Directive 2005/36/EC and the implementing Regulation (EU) 2015/983 to competent authorities of the other EEA Contracting States in the way of the EU internal market information system (IMI) within three days after rechtskräftiger judicial decision after. About this message that the professionals which the administrative decision can request a review of the legality of the message in a to be procedures is to inform, in writing is the illegality of the message is determined in the context of the review, to rectify or withdraw message is."

6. in article 21, paragraph 2 is eliminated at the end of the No. 2 the word "and", the point at the end of the No. 3 will be replaced by a comma, and is attached to following Z 4:



"4. Declaration of the knowledge required for the exercise of the profession in Austria the German language."

7 the following paragraph 4 is added to in section 22:

"(4) the Austrian midwife Panel has the competent authorities of the other EEA Contracting States withdrawing the professional qualifications referred to in paragraph 1 or on the back application referred to in paragraph 2 in the ways of the EU internal market information system (IMI) within three days after rechtskräftiger decision according to the provisions of article 56a of the Directive 2005/36/EC and the implementing Regulation (EU) 2015/983 to. About this message that the professionals which the administrative decision can request a review of the legality of the message in a to be procedures is to inform, in writing is the illegality of the message is determined in the context of the review, to rectify or withdraw message is."

8 the following paragraph 7 is added to the § 22a:

"(7) who has the competent authorities of the other EEA Contracting States via the provisional prohibition in accordance with paragraphs 1 and 2 in the ways of the EU internal market information system (IMI) within three days after the decision Governor/administrator according to the provisions of article 56a of the Directive 2005/36/EC and the implementing Regulation (EU) 2015/983 to. About this message that the professionals which the administrative decision can request a review of the legality of the message in a to be procedures is to inform, in writing is the illegality of the message is determined in the context of the review, to rectify or withdraw message is."

9. According to § 40 paragraph 2 No. 2 is inserted following Z 2a:



"2a. suspension of professional qualifications in accordance with section 22, refusal of registration in the midwifery register pursuant to § 42 b;"

10 § 40 paragraph 2 No. 3 is:



"3. recognition of professional qualifications in accordance with § 12, receipt of messages and issuing certificates in accordance with § 21;"

11 paragraph 41 paragraph 6:

"(6) the Austrian midwife Panel has within its area of effect in the context of the application



1. the Directive 2005/36/EC on the recognition of professional qualifications and 2nd of 2011/24/EU directive concerning the pursuit of patient rights in cross-border healthcare with the competent authorities of the other EEA Contracting States and the Swiss Confederation to cooperate, to provide official assistance and the necessary information in accordance with paragraph 7, to obtain in particular in the way the internal market information system (IMI) within the meaning of Regulation (EU) No. 1024/2012 ('IMI regulation') and to grant."

12 paragraph 61b Z 1 and 2:



"1. Directive 2005/36/EC on the recognition of professional qualifications, OJ No L 255 of the 30.09.2005 p. 22, as last amended by Directive 2013/55/EC, OJ No. L 354 of the 28.12.2013 p. 132, as amended by the amending OJ No. L 305 of the 24.10.2014 p. 115;

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

13. According to § 61b Z 3 Insert following Nos. 4 and 5:



"4.

the implementing Regulation (EU) 2015/983 concerning the procedures for the issue of the European professional card and the application of the early warning mechanism in accordance with Directive 2005/36/EC, OJ No. L 159 of the 25.06.2015 S. 27;

5. the Regulation (EU) No. 1024/2012 through administrative cooperation with the internal market information system and repealing Decision 2008/49/EC ("IMI Regulation), OJ No L 316 of the 14.11.2012 p. 1, last amended by the 2014/67/CE directive, OJ "No. L 159 of the 28.5.2014 S. 11;"

14 the following paragraph 9 is added to § the 62a:

"(9) with 18 January 2016 occur § 12 para. 1 No. 3, para 5 No. 4 and 4a, para 6 and 7, § 21 para 2 Z 2-4, § 22 para 4, § 22a para 7, § 41, paragraph 6 and article 61b Z 1, 2, 4 and 5 as amended by Federal Law Gazette I no. 8/2016 in force."

Article 3

Change of Kardiotechnikergesetzes

The Kardiotechnikergesetz (KTG), Federal Law Gazette I no. 96/1998, last amended by Federal Law Gazette I no. 32/2014, is amended as follows:

1 paragraph 2a Nos. 1 and 2:



"1. Directive 2005/36/EC on the recognition of professional qualifications, OJ No L 255 of the 30.09.2005 p. 22, as last amended by Directive 2013/55/EC, OJ No. L 354 of the 28.12.2013 p. 132, as amended by the amending OJ No. L 305 of the 24.10.2014 p. 115;

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

2. According to paragraph 2a of the No. 3 following Nos. 4 and 5 are inserted:



"4. the implementing Regulation (EU) 2015/983 concerning the procedures for the issue of the European professional card and the application of the early warning mechanism in accordance with Directive 2005/36/EC, OJ No. L 159 of the 25.06.2015 S. 27;

5. the Regulation (EU) No. 1024/2012 through administrative cooperation with the internal market information system and repealing Decision 2008/49/EC ("IMI Regulation), OJ No L 316 of the 14.11.2012 p. 1, last amended by the 2014/67/CE directive, OJ "No. L 159 of the 28.5.2014 S. 11;"

3. paragraph 11 paragraph 1:

"(1) the Federal Minister for health of a vocational qualification referred to in article 11, has excluded those who issued a certificate of qualification in the comprise service from an EEA State or the Swiss Confederation, lit. a, of Directive 2005/36/EC on the recognition of professional qualifications is equivalent to, which is the Austrian education equivalent to grant recognition comprise service on request."

4. § 11 ABS. 5 last sentence reads:

"The choice between the adaptation period and the aptitude test is available to the applicant, except the applicant must hold a professional qualification in accordance with article 11 lit. (b) of Directive 2005/36/EC.'

5. in section 11 paragraph 9 4 are in Z the Word replaces "and" with a comma and following Z 4a is inserted:



"4a. a certificate of the competent authority of the home Member State, that the profession has been prohibited temporarily or permanently and" 6. The following sentence is added to § 11 paragraph 10:

"§ 6 Services Act, Federal Law Gazette I is no. 100/2011, to apply."

7. the article 11 be attached following paras 12 and 13:

"(12) if determined in the framework of the procedure, that the applicant has used fake vocational qualifications, the Federal Minister of health has the provisions of article 56a of the Directive 2005/36/EC and the implementing Regulation (EU) 2015/983 to competent authorities of the other EEA Contracting States in the way of the EU internal market information system (IMI) within three days after rechtskräftiger judicial decision after. About this message, the professionals is to teach writing, which administrative decision may request a review of the legality of the message in one to be procedures; is the illegality of the message is determined in the context of the review, is the message to rectify or withdraw.

(13) the Federal Minister for health has within the framework of the application of the Directive 2005/36/EC to work with the competent authorities of the other Contracting States of the EEA and the Swiss Confederation, to provide assistance and the necessary information while ensuring the confidentiality of the information exchanged, in particular in the way the internal market information system (IMI) in the regulation of the IMI, obtaining, and to grant."

8 the following paragraph 4 is added to. in article 16:

"(4) the Federal Minister of health has the competent authorities of the other EEA Contracting States withdrawing the professional qualifications referred to in paragraph 1 or the re-granting pursuant to par. 3 in the ways of the EU internal market information system (IMI) within three days after rechtskräftiger decision according to the provisions of article 56a of the Directive 2005/36/EC and the implementing Regulation (EU) 2015/983 to. About this message, the professionals is to teach writing, which administrative decision may request a review of the legality of the message in one to be procedures; is the illegality of the message is determined in the context of the review, to rectify or withdraw message is."

9 the following paragraph 4 is added to § the 36:

"(4) with 18 January 2016 § 2a Z step 1, 2, 4, and 5, article 11, paragraph 1, and 5, paragraph 9 Z 4 and 4a, paragraph 10, 12 and 13 and article 16 paragraph 4 as amended by Federal Law Gazette I no. 8/2016 in force."

Article 4

Amendment of MTD Act

The Federal law on the control of sophisticated medical services (MTD Act), Federal Law Gazette No. 460/1992, as last amended by Federal Law Gazette I no. 33/2015, is amended as follows:

1. in the table of contents, "§ 1... be after the line General"insert the following rows:



' section 1a implementation of Union law article 1 b references "2. In the table of contents "section 6e... be after the line Assessment, acknowledgement, and reports"following rows inserted:



"§ 6f EEA recognition - European professional card § 6 g EEA recognition - partial access" 3. In the table of contents, the line is "§ 8B..." Dependent profession"is replaced by the following lines:



"section 8 b temporary provision of services - European professional card section 8 c dependent profession" 4. In the table of contents are the lines:



"35a § implementation of Union law § 35 b references" 5. Following paragraphs 1a and 1B along with headings shall be inserted after article 1:

"Implementation of Union law

section 1a. By this federal law will be



1. the Directive 2005/36/EC on the recognition of professional qualifications, OJ No L 255 of the 30.09.2005 p. 22, as last amended by Directive 2013/55/EC, OJ No. L 354 of the 28.12.2013 p. 132, as amended by the amending OJ No. L 305 of the 24.10.2014 p. 115;

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

3. 2011/24/EU directive on the application of patient rights in cross-border healthcare, OJ No. L 88 of the Mar 21, 2011 S. 45;

4. the implementing Regulation (EU) 2015/983 concerning the procedures for the issue of the European professional card and the application of the early warning mechanism in accordance with Directive 2005/36/EC, OJ No. L 159 of the 25.06.2015 S. 27;

5. the Regulation (EU) No. 1024/2012 through administrative cooperation with the internal market information system and repealing Decision 2008/49/EC ("IMI Regulation), OJ No L 316 of the 14.11.2012 p. 1, last amended by the 2014/67/CE directive, OJ No. L 159 of the 28.5.2014 S. 11;

transposed into Austrian law.

References

b. (1) where reference is made in this Federal Act on provisions of other federal laws, these are section 1 if not otherwise is intended to apply in their respectively valid version.

(2) by this federal law, it will be



1 Pharmacy Law, RGBl. No. 5 / 1907, 2. doctor Act 1998 (ÄrzteG 1998), Federal Law Gazette I no. 169, 3. health and nursing Act (GuKG), Federal Law Gazette I no. 108/1997, 4th midwife law (HebG), Federal Law Gazette No. 310/1994, 5 Kardiotechnikergesetz (KTG), Federal Law Gazette I no. 96/1998, 6 medical assistant professions Act (MABG), Federal Law Gazette I no. 89/2012, 7 medical masseur and massage therapist Act (MMHmG), Federal Law Gazette I no. 169/2002, 8th MTF-SHD-G ", BGBl. No. 102/1961, 9 music therapy law (MuthG), Federal Law Gazette I no. 93/2008, 10 psychologist law 2013, Federal Law Gazette I no. 182/2013, 11 psychotherapy Act, Federal Law Gazette No. 361/1990, 12 paramedic Act (SanG), Federal Law Gazette I no. 30/2002, 13 dentist Act (ZÄG), Federal Law Gazette I no. 126/2005, not touched."

6. in section 3 para 3 Z 2, the expression is "§ 5 ABS. 4 FHStG" by the expression "§ 6 section 6 FHStG" replaced.

7 paragraph 6 b subsection 1:


"(1) (s) Minister of health has by a Contracting State of the agreement on the European economic area (EEA State) or the Swiss Confederation issued qualifications in a superior medical service on request as proof of qualification in the corresponding superior medical service to recognize if the acquired professional qualification of the relevant Austrian training is equivalent."

8 § 6 (para. 5 (b) the last sentence is replaced by the following sentences:

"The choice between the adaptation period and the aptitude test (the) petitioner now too, except that (the) petitioner has lit professional qualifications in accordance with article 11." (b) of Directive 2005/36/EC. If (the) petitioner through one of the professional qualifications in accordance with article 11 lit. of Directive 2005/36/EC has, can the recognition of both the condition of the successful completion of the adaptation period and an aptitude test linked are."

9. in paragraph 6B the word para 6 be in no. 4 "and" replaced by a comma and following Z 4a is inserted:



"4a. a certificate of the competent authority of the home Member State, that the profession has been prohibited temporarily or permanently and" 10. 6 (paragraph 7 (b) the following sentence is added to section:

"§ 6 Services Act, Federal Law Gazette I is no. 100/2011, to apply."

11 6 b be added following paragraph 10 and 11 section:

(10) if detected in the framework of the procedure, which has that fake vocational qualifications has used (the) petitioner, the competent authorities of the other EEA Contracting States in the way of the EU internal market information system (IMI) within three days after final judicial decision according to the provisions of article 56a of the Directive 2005/36/EC and the implementing Regulation (EU) 2015/983 to inform (the) Federal Minister for health. About this message is (the) professionals to teach writing, which administrative decision (s) a review of the legality of the message in one can request to be procedures; is the illegality of the message is determined in the context of the review, is the message to rectify or withdraw.

(11) has (the) Federal Minister for health in the context of the application of the Directive 2005/36/EC to work with the competent authorities of the other Contracting States of the EEA and the Swiss Confederation, to provide assistance and the necessary information while ensuring the confidentiality of the information exchanged, in particular in the way the internal market information system (IMI) in the regulation of the IMI, obtaining, and to grant."

12. after section 6e, following §§ 6f and 6 g including headings shall be inserted:

"EEA-recognition - European professional card

section 6f. (1) (s) Minister of health has at the request of an EEA recognition of a qualification in physiotherapy service in the ways of the European professional card according to the provisions of Article 4a et seq. Directive 2005/36/EC and the implementing Regulation (EU) making 2005/983.

(2) for nationals of EEA Contracting State or the Swiss Confederation, who legally exercise the physiotherapy service in Austria, have acquired a certificate of qualification in the physiotherapy service in Austria, and electronically apply for an EEA recognition in another EEA Contracting State or the Swiss Confederation in the form of the European professional card, by the (of the) Governor (Landeshauptfrau) for the State of origin in accordance with Article 4a et seq. perform tasks assigned to the Directive 2005/36/EC and the implementing Regulation (EU) 2015/983.

(3) he may lay down by regulation detailed provisions relating to the procedures referred to in paragraphs 1 and 2 (s) Minister of health.

EEA-recognition - partial access

§ 6 g. (1) persons who have acquired a certificate of qualification in a part of a sophisticated medical service in another EEA Contracting State or the Swiss Confederation which has (s) Minister of health on request in individual cases and are qualified in that State without any restrictions to the exercise of the professional activity to grant partial access to a profession in the respective superior medical service if the following conditions are met :



1. the differences between the lawfully exercised professional activities in the Member State of origin and the corresponding superior medical service under this Federal Act are so large, that the application of countervailing measures of the request to the tantamount to (the) petitioner, to go through the full training programme in Austria, to gain access to the entire upper medical service in Austria;

2. the activities covered by the acquired qualification can be objectively from others by the appropriate higher medical service separated covered activities;

3. no compelling reasons of general interest conflict partial access.

(2) § 6 b para 2 to 11 is to apply.

(3) persons to whom a partial access was granted in accordance with paragraph 1 have



1 their profession under the professional title of the Member State of origin and, if necessary, also under the in the recognition decision set German-language designation exercising and the affected patients (patients), the employer and the service recipients clearly beyond the scope of their professional activities to inform 2."

13 in section 8a, paragraph 2 is eliminated at the end of the No. 2 the word "and", the point at the end of the No. 3 will be replaced by a comma and appended following Z 4:



"4. Declaration of the knowledge required for the exercise of the profession in Austria the German language."

14. the text of the previous paragraph is paragraph labeled "article 8 c" 8b, the following new paragraph is inserted after paragraph 8a 8B and heading:

"Temporary provision of services - European professional card

Article 8 (1). (the) Governor (Landeshauptfrau) has at the request of the procedure concerning the temporary provision of services in accordance with section 8a of the physiotherapy service in the way of the European professional card according to the provisions of Article 4a et seq. Directive 2005/36/EC and the implementing Regulation (EU) making 2015/983.

(2) for persons who legally exercise the physiotherapy service in Austria and in another EEA Contracting State or the Swiss Confederation in the form of the European professional card, apply for the temporary provision of services electronically, by the (of the) Governor (Landeshauptfrau) for the State of origin in accordance with Article 4a et seq. perform tasks assigned to the Directive 2005/36/EC and the implementing Regulation (EU) 2015/983.

(3) he may lay down more detailed provisions relating to the procedures referred to in paragraphs 1 and 2 (s) Minister of health by regulation."

15 the following paragraph 4 is added to § the 12:

"(4) which has (the) Federal Minister for health the competent authorities of the other EEA Contracting States withdrawing the professional qualifications referred to in paragraph 1 or the re-granting pursuant to par. 3 in the ways of the EU internal market information system (IMI) within three days of the final decision according to the provisions of article 56a of the Directive 2005/36/EC and the implementing Regulation (EU) 2015/983 to. About this message is (the) professionals to teach writing, which administrative decision (s) a review of the legality of the message in one can request to be procedures; is the illegality of the message is determined in the context of the review, to rectify or withdraw message is."

16. in article 33, Z is 3 before the expression "§ 7 b" the expression "section 6 g para 3," added.

17. the articles 35a and 35b and headings are eliminated.

18 19 the following paragraph is added to section the 36:

"(19) with step 18 January 2016



1 the table of contents, § 1a and heading, § 6 b paragraphs 1 and 5, subsection 6 Z 4 and 4a, para 7, 10 and 11, §§ 6f and 6 g including headings, section 8a, paragraph 2 Z 2-4, § 8b together with heading; "section 8c, and section 12 paragraph 4 as amended by Federal Law Gazette I no. 8/2016 in force and 2nd section 35a, including heading out of power."

Article 5

Amendment to the Medical Assistant professions act

Medical Assistant professions law (MABG), Federal Law Gazette I no. 89/2012, last amended by Federal Law Gazette I no. 33/2015, is amended as follows:

1. paragraph 1 paragraph 5 Z 10:



' 10 2013 psychologist Act, Federal Law Gazette I no. 182/2013, "2. § 3 Nos. 1 and 2 is:



"1. Directive 2005/36/EC on the recognition of professional qualifications, OJ No L 255 of the 30.09.2005 p. 22, as last amended by Directive 2013/55/EC, OJ No. L 354 of the 28.12.2013 p. 132, as amended by the amending OJ No. L 305 of the 24.10.2014 p. 115;

2.

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

3. According to § 3 No. 2 shall be inserted following Nos. 3 and 4:



"3. the implementing Regulation (EU) 2015/983 concerning the procedures for the issue of the European professional card and the application of the early warning mechanism in accordance with Directive 2005/36/EC, OJ No. L 159 of the 25.06.2015 S. 27;

4. the Regulation (EU) No. 1024/2012 through administrative cooperation with the internal market information system and repealing Decision 2008/49/EC ("IMI Regulation), OJ No L 316 of the 14.11.2012 p. 1, last amended by the 2014/67/CE directive, OJ "No. L 159 of the 28.5.2014 S. 11;"

4. paragraph 16 paragraph 1:

"(1) the Federal Minister for health has those who issued a certificate of qualification in a medical assistant profession by a Contracting State of the agreement on the European economic area (EEA State) or the Swiss Confederation, to grant recognition in the appropriate medical assistant profession, provided that the acquired professional qualification of the relevant Austrian training is equivalent to application."

5. in section 16 subsection 4 4 the Word are in Z replaces "and" with a comma and following Z 4a is inserted:



"4a. a certificate of the competent authority of the home Member State, that the profession has been prohibited temporarily or permanently and" 6. The following sentence is added to § 16 ABS. 5:

"§ 6 Services Act, Federal Law Gazette I is no. 100/2011, to apply."

7 in article 16 be attached following paras 11 and 12:

"(11) if determined in the framework of the procedure that the / the applicant has used fake vocational qualifications, the has the competent authorities of the other EEA Contracting States in the way of the EU internal market information system (IMI) within three days after final judicial decision according to the provisions of article 56a of the Directive 2005/36/EC and the implementing Regulation (EU) 2015/983 to inform Federal Minister for health. About this message the is professionals to teach writing, that administrative decision may request a review of the legality of the message in one to be procedures; is the illegality of the message is determined in the context of the review, is the message to rectify or withdraw.

(12) the has in the context of the application of the Directive 2005/36/EC to work with the competent authorities of the other Contracting States of the EEA and the Swiss Confederation, to provide assistance and the necessary information while ensuring the confidentiality of the information exchanged, in particular in the way the internal market information system (IMI) in the regulation of the IMI, obtaining, and to grant. Federal Minister for health"

8 the following paragraph 6 is added to section 19:

(6) the has"Federal Minister for health the competent authorities of the other EEA Contracting States withdrawing the professional qualifications referred to in paragraph 1 or the re-granting pursuant to par. 3 in the ways of the EU internal market information system (IMI) within three days of the final decision according to the provisions of article 56a of the Directive 2005/36/EC and the implementing Regulation (EU) 2015/983 to. About this message is the writing to inform professionals that administrative decision may request a review of the legality of the message in one to be procedures; is the illegality of the message is determined in the context of the review, to rectify or withdraw message is."

9. in paragraph 22 the expression "Laboratory or Radiology Assistant" by the phrase "Laboratory Assistant or X-ray Assistant", and in paragraph 4 be replaced in paragraph 2 the expression "Paragraph 2" with the expression "Paragraph 3".

10. in paragraph 32, the second paragraph 3 is (3a) paragraph labeled.

11 the following paragraph 4 is added to § the 42:

"(4) with 18 January 2016 § 3, article 16, para 1, para 4 step no. 4 and 4a, para 5, 11 and 12 and article 19 paragraph 6 in the version of Federal Law Gazette I no. 8/2016 in force."

Article 6

Amendment of the medical massage therapist - and healing massage therapist law

The medical massage and massage therapist Act (MmHMG), Federal Law Gazette I no. 169/2002, as last amended by Federal Law Gazette I no. 33/2015, is amended as follows:

1. paragraph 1a Nos. 1 and 2:



"1. Directive 2005/36/EC on the recognition of professional qualifications, OJ No L 255 of the 30.09.2005 p. 22, as last amended by Directive 2013/55/EC, OJ No. L 354 of the 28.12.2013 p. 132, as amended by the amending OJ No. L 305 of the 24.10.2014 p. 115;

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

2. According to § 1a No. 3 following Nos. 4 and 5 are inserted:



"4. the implementing Regulation (EU) 2015/983 concerning the procedures for the issue of the European professional card and the application of the early warning mechanism in accordance with Directive 2005/36/EC, OJ No. L 159 of the 25.06.2015 S. 27;

5. the Regulation (EU) No. 1024/2012 through administrative cooperation with the internal market information system and repealing Decision 2008/49/EC ("IMI Regulation), OJ No L 316 of the 14.11.2012 p. 1, last amended by the 2014/67/CE directive, OJ "No. L 159 of the 28.5.2014 S. 11;"

3. paragraph 10 section 1:

"(1) the Federal Minister for health has those who issued a certificate of qualification as a medical massage therapist by a Contracting State of the agreement on the European economic area (EEA State) or the Swiss Confederation, to grant recognition as a medical massage therapist, provided that the acquired professional qualification of the Austrian education is equivalent to application."

4. in section 10, paragraph 9, 4 are in Z the Word replaces "and" with a comma and following Z 4a is inserted:



"4a. a certificate of the competent authority of the home Member State, that the profession has been prohibited temporarily or permanently and" 5. The following sentence is added to § 10 paragraph 10:

"§ 6 Services Act, Federal Law Gazette I is no. 100/2011, to apply."

6 in article 10 be attached following paras 12 and 13:

"(12) if determined in the framework of the procedure, that the applicant has used fake vocational qualifications, the Federal Minister of health has the provisions of article 56a of the Directive 2005/36/EC and the implementing Regulation (EU) 2015/983 to competent authorities of the other EEA Contracting States in the way of the EU internal market information system (IMI) within three days after rechtskräftiger judicial decision after. About this message, the professionals is to teach writing, which administrative decision may request a review of the legality of the message in one to be procedures; is the illegality of the message is determined in the context of the review, is the message to rectify or withdraw.

(13) the Federal Minister for health has within the framework of the application of the Directive 2005/36/EC to work with the competent authorities of the other Contracting States of the EEA and the Swiss Confederation, to provide assistance and the necessary information while ensuring the confidentiality of the information exchanged, in particular in the way the internal market information system (IMI) in the regulation of the IMI, obtaining, and to grant."

Each the following paragraph 4 is added to 7 sections 15 and 47:

"(4) the Federal Minister of health has the competent authorities of the other EEA Contracting States withdrawing the professional qualifications referred to in paragraph 1 or the re-granting pursuant to par. 3 in the ways of the EU internal market information system (IMI) within three days after rechtskräftiger decision according to the provisions of article 56a of the Directive 2005/36/EC and the implementing Regulation (EU) 2015/983 to. About this message, the professionals is to teach writing, which administrative decision may request a review of the legality of the message in one to be procedures; is the illegality of the message is determined in the context of the review, to rectify or withdraw message is."

8 paragraph 16 paragraph 3:

"(3) § 15 ABS. 3 and 4 is to apply."

9 paragraph 39 paragraph 3, article 40, paragraph 3, and section 63, paragraph 3:

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

10 in section 46a, paragraph 2 is eliminated at the end of the No. 2 the word "and" at the end of the No. 3 the point is replaced by a comma and appended the following Z 4:



"4. Declaration of the knowledge required for the exercise of the profession in Austria the German language."

11 paragraph 48 para 3:

"(3) § 47 para 3 and 4 is to apply."

12. in paragraph 63 be inserted after paragraph 1 following para. 2 and 2a:


"People who have acquired a certificate of qualification in a special qualification in accordance with section 60, without qualification as a medical massage therapist or massage in another EEA Contracting State or the Swiss Confederation and are qualified in that State without any restrictions to the exercise of the professional activity of the corresponding special qualification to grant partial access to the appropriate specialty qualification (2) the Federal Minister for health has on request in individual cases , if the following conditions are met:



1. the differences between the lawfully exercised professional activities in the Member State of origin and of the medical masseur including the appropriate special qualifications under this Federal Act are so large, that the application of compensatory measures would be the requirement for the applicant to go through the full training program of the medical masseur in Austria;

2. no compelling reasons of general interest conflict partial access.

(2a) persons to whom a partial access was granted pursuant to paragraph 2 have



1 their profession under the professional title of the Member State of origin and, if necessary, also under the in the recognition decision set German-language designation exercising and the patients concerned, the employer or the recipient clearly beyond the scope of their professional activities to inform 2."

13 § 78 para 1 No. 3 is:



"3. one or more in section 1 para 2, § 2, § 3, section 4, article 6, para. 3, § 31 para 4, § 32, § 33, § 34, article 35, paragraph 1, § 44, § 46 para 4, 5 or 6, article 46a, paragraph 2 or 3, article 61, paragraph 4 or § 63 contravenes para 2a, contained orders or prohibitions" 14. The following paragraph 9 is added to article 89:

"(9) with 18 January 2016 § 1a Z step 1, 2, 4 and 5, § 10 para 1, para 9 Z 4 and 4a, paragraph 10, 12 and 13, § 15 para 4, § 16 para 3, § 39 para 3, § 40 paragraph 3, article 46a par. 2 Nos. 2 to 4, § 47 para 4, § 48 para. 3 and § 63 para 2, 2a and 3 in the version of Federal Law Gazette I no. 8/2016 in force."

Article 7

Amending the medical act

The paramedic Act (SanG), Federal Law Gazette I no. 30/2002, amended by Federal Law Gazette I no. 32/2014, is amended as follows:

1 paragraph 2a Nos. 1 and 2:



"1. Directive 2005/36/EC on the recognition of professional qualifications, OJ No L 255 of the 30.09.2005 p. 22, as last amended by Directive 2013/55/EC, OJ No. L 354 of the 28.12.2013 p. 132, as amended by the amending OJ No. L 305 of the 24.10.2014 p. 115;

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

2. According to paragraph 2a of the No. 2 following Nos. 3 and 4 are added:



"3. the implementing Regulation (EU) 2015/983 concerning the procedures for the issue of the European professional card and the application of the early warning mechanism in accordance with Directive 2005/36/EC, OJ No. L 159 of the 25.06.2015 S. 27;

4. the Regulation (EU) No. 1024/2012 through administrative cooperation with the internal market information system and repealing Decision 2008/49/EC ("IMI Regulation), OJ No L 316 of the 14.11.2012 p. 1, last amended by the 2014/67/CE directive, OJ "No. L 159 of the 28.5.2014 S. 11;"

3. paragraph 18 paragraph 1:

"(1) the Federal Minister for health has those who issued a certificate of qualification for the profession or activities as a medic by a Contracting State of the agreement on the European economic area (EEA State) or the Swiss Confederation, to grant recognition as a paramedic or emergency medic, provided that the acquired professional qualification of the Austrian education is equivalent on request."

4. in article 18, paragraph 9, 4 are the word in Z replaces "and" with a comma and following Z 4a is inserted:



"4a. a certificate of the competent authority of the home Member State, that the profession has been prohibited temporarily or permanently and" 5. The following sentence is added to § 18 paragraph 10:

"§ 6 Services Act, Federal Law Gazette I is no. 100/2011, to apply."

6. the section 18 be attached following paras 12 and 13:

"(12) if determined in the framework of the procedure, that the applicant has used fake vocational qualifications, the Federal Minister of health has the provisions of article 56a of the Directive 2005/36/EC and the implementing Regulation (EU) 2015/983 to competent authorities of the other EEA Contracting States in the way of the EU internal market information system (IMI) within three days after rechtskräftiger judicial decision after. About this message, the professionals is to teach writing, which administrative decision may request a review of the legality of the message in one to be procedures; is the illegality of the message is determined in the context of the review, is the message to rectify or withdraw.

(13) the Federal Minister for health has within the framework of the application of the Directive 2005/36/EC to work with the competent authorities of the other Contracting States of the EEA and the Swiss Confederation, to provide assistance and the necessary information while ensuring the confidentiality of the information exchanged, in particular in the way the internal market information system (IMI) in the regulation of the IMI, obtaining, and to grant."

7 the following paragraph 5 is added to § in 25:

"(5) the Federal Minister of health has the competent authorities of the other EEA Contracting States withdrawing the professional qualifications referred to in paragraph 1 or the re-granting pursuant to par. 3 in the ways of the EU internal market information system (IMI) within three days after rechtskräftiger decision according to the provisions of article 56a of the Directive 2005/36/EC and the implementing Regulation (EU) 2015/983 to. About this message, the professionals is to teach writing, which administrative decision may request a review of the legality of the message in one to be procedures; is the illegality of the message is determined in the context of the review, to rectify or withdraw message is."

8. in article 64 the following paragraph 5 is added:

"(5) with 18 January 2016 § 2a, § 18 para 1, para 9 step no. 4 and 4a, paragraph 10, 12 and 13 and § 25 paragraph 5 as amended by Federal Law Gazette I no. 8/2016 in force."

Article 8

Amendment to the dentist Act

The dentist Act (ZÄG), Federal Law Gazette I no. 126/2005, as last amended by Federal Law Gazette I no. 32/2014, is amended as follows:

1. paragraph 2 Nos. 1 and 2:



"1. Directive 2005/36/EC on the recognition of professional qualifications, OJ No L 255 of the 30.09.2005 p. 22, as last amended by Directive 2013/55/EC, OJ No. L 354 of the 28.12.2013 p. 132, as amended by the amending OJ No. L 305 of the 24.10.2014 p. 115;

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

2. According to § 2 No. 3 is inserted following Z 4:



"4. the implementing Regulation (EU) 2015/983 concerning the procedures for the issue of the European professional card and the application of the early warning mechanism in accordance with Directive 2005/36/EC, OJ "No. L 159 of the 25.06.2015 S. 27;"

3. § 3 para 5 Z 11 is:



"11 psychologist law 2013, Federal Law Gazette I no. 182/2013," 4. The following paragraph 3 is added to article 6:

"(3) for more information about the proof of sufficient knowledge of the German language referred to in paragraph 1 has no. 4 and examination fee payable on the Organization and implementation of German exams, including one for the conduct of tests by regulation to govern the Austrian dental Chamber. In determining the audit fee carefully is on the time associated to the Organization and conduct of the examination and expenses to take."

5. paragraph 9:

"Section 9 (1) the Austrian dental Chamber has following certificates issued by an EEA State or the Swiss Confederation upon application as dental qualifications according to the provisions of Directive 2005/36/EC to recognize:"



1. qualifications of / the dental practitioner/dentist in accordance with annex V, point 5.3.2 in connection with article 21 para 1 of Directive 2005/36/EC;

2. qualifications of / the dentist/dental including a certificate referred to in article 23 paragraph 1, 2, 4, 5 or 6 of Directive 2005/36/EC;

3. qualifications of / the physician including a certificate referred to in article 37 paragraph 1, 2 or 4 of Directive 2005/36/EC;

4. qualifications of / lit of the dentist or physician/dentist in accordance with article 10. (b) of Directive 2005/36/EC;

5. qualifications of / lit of the dentist or physician/dentist in accordance with article 10. g including a certificate referred to in article 3 paragraph 3 of Directive 2005/36/EC.


(2) the has Federal Minister/Minister for health to set more detailed provisions relating to the qualifications to be recognised in accordance with paragraph 1 by regulation.

(3) the applicant/applicant has



1. proof of nationality, 2. the certificate of qualification, the proof of the professional qualifications in the State of origin and, where appropriate, evidence of acquired experience, 3. evidence of Health Fitness necessary for the performance of professional conduct, 4. a proof of trust necessary for the performance of professional duties, 5. a certificate of the competent authority of the home Member State, that the profession has been prohibited temporarily or permanently , and 6 a proof of residence or of a delivery agent, Austria to present. Evidence in accordance with Nos. 3 and 4 may not be older than three months upon their presentation. The shall notify applicants/applicant the authority immediately of a change of residence or of the delivery agent (No. 6).

(4) the Austrian dental Chamber has to acknowledge receipt of the documents within one month and to tell which documents are missing. The decision on the recognition



1. in cases in which on the basis of the Directive 2005/36/EC is an automatic recognition (par. 1 Z 1 to 3) three months and 2. in cases in which on the basis of the Directive 2005/36/EC, no automatic recognition is intended (para 1 Nos. 4 and 5), to be made within four months after the complete submission of the required documents. § 6 Service Act, Federal Law Gazette I is no. 100/2011, to apply.

(5) If is determined within the framework of the procedure, that the fake vocational qualifications has used applicant/applicant, the Austrian dental Chamber has the competent authorities of the other EEA Contracting States in the way of the EU internal market information system (IMI) within three days after rechtskräftiger judicial decision according to the provisions of article 56a of the Directive 2005/36/EC and the implementing Regulation (EU) 2015/983 to inform. About this message the is professionals to teach writing, that administrative decision may request a review of the legality of the message in one to be procedures; is the illegality of the message is determined in the context of the review, to rectify or withdraw message is."

6. in § 31 para 2 is eliminated at the end of the No. 2 the word "and" at the end of the No. 3 the point is replaced by a comma and appended the following Nos. 4 and 5:



"4. Declaration on the knowledge required for the exercise of the profession in Austria German, 5. evidence of a section 26 c appropriate professional liability insurance policy."

7. in section, the last sentence is eliminated 43 paragraph 1a.

8 the following paragraph 5 is added to § the 45:

"(5) the Austrian dental Chamber has the competent authorities of the other EEA Contracting States withdrawing the professional qualifications referred to in paragraph 1 or on the back application referred to in paragraph 4 in the ways of the EU internal market information system (IMI) within three days after rechtskräftiger decision according to the provisions of article 56a of the Directive 2005/36/EC and the implementing Regulation (EU) 2015/983 to. About this message the is professionals to teach writing, that administrative decision may request a review of the legality of the message in one to be procedures; is the illegality of the message is determined in the context of the review, to rectify or withdraw message is."

9 the following paragraph 7 is added to § the 46:

"(7) the has the competent authorities of the other EEA Contracting States via the provisional prohibition in accordance with paragraphs 1 and 2 in the ways of the EU internal market information system (IMI) within three days after the decision Governor/Governor under the provisions of article 56a of the Directive 2005/36/EC and the implementing Regulation (EU) 2015/983 to. About this message the is professionals to teach writing, that administrative decision may request a review of the legality of the message in one to be procedures; is the illegality of the message is determined in the context of the review, to rectify or withdraw message is."

10 the following paragraph 3 is added to § the 47:

"(3) the Austrian dental Chamber has the competent authorities of the other EEA Contracting States the constraint legal decision of the profession referred to in paragraph 1 in the ways of the EU internal market information system (IMI) within three days after according to the provisions of article 56a of the Directive 2005/36/EC and the implementing Regulation (EU) 2015/983 to. About this message the is professionals to teach writing, that administrative decision may request a review of the legality of the message in one to be procedures; is the illegality of the message is determined in the context of the review, to rectify or withdraw message is."

11 the following paragraph 3 is added to § the 48:

"(3) the Austrian dental Chamber has the competent authorities of the other EEA Contracting States the constraint legal decision of the profession referred to in paragraph 1 in the ways of the EU internal market information system (IMI) within three days after according to the provisions of article 56a of the Directive 2005/36/EC and the implementing Regulation (EU) 2015/983 to. About this message the is professionals to teach writing, that administrative decision may request a review of the legality of the message in one to be procedures; is the illegality of the message is determined in the context of the review, to rectify or withdraw message is."

12 paragraph 78 para 1:

"(1) the Federal Minister/Minister for health has those who issued a certificate of qualification in the Dental Assistant from an EEA State or the Swiss Confederation, to grant the recognition in the dental assistance, provided that the acquired professional qualification of the Austrian education is equivalent to application. § 6 Service Act, Federal Law Gazette I is no. 100/2011, to apply."

13. after section 78 para 2 inserted following paragraph 3 and 3a:

"(3) if it is determined under the procedure referred to in paragraph 1, that the fake vocational qualifications has used applicant/applicant, the Federal Minister of health has the competent authorities of the other EEA Contracting States in the way of the EU internal market information system (IMI) within three days after rechtskräftiger judicial decision according to the provisions of article 56a of the Directive 2005/36/EC and the implementing Regulation (EU) 2015/983 to inform. About this message the is professionals to teach writing, that administrative decision may request a review of the legality of the message in one to be procedures; is the illegality of the message is determined in the context of the review, is the message to rectify or withdraw.

"(3a) the Federal Minister/Minister of health has the competent authorities of the other Contracting States of the EEA and the Swiss Confederation the information necessary to the application of the Directive 2005/36/EC while ensuring the confidentiality of the information exchanged, in particular in the way the internal market information system (IMI) in the IMI regulation to grant."

14 the following paragraph 6 is added to article the 79:

"(6) the has the competent authorities of the other EEA Contracting States withdrawing the professional qualifications referred to in paragraph 1 or the re-granting pursuant to par. 3 in the ways of the EU internal market information system (IMI) within three days of the final decision Federal Minister/Minister of health according to the provisions of article 56a of the Directive 2005/36/EC and the implementing Regulation (EU) 2015/983 to. About this message the is professionals to teach writing, that administrative decision may request a review of the legality of the message in one to be procedures; is the illegality of the message is determined in the context of the review, to rectify or withdraw message is."

15. the section 84 be attached following paragraph 5 and 6:

"(5) without prejudice to paragraph 4 that has Federal Minister/Minister for health on request in individual cases persons who have obtained a certificate of qualification in the prophylaxis Assistant or dental hygiene without qualification in the Dental Assistant in another EEA Contracting State or the Swiss Confederation and are qualified in that State without any restrictions to the exercise of the professional activities of prevention Assistant or dental hygiene to grant partial access to the special qualification prevention assistance , if the following conditions are met:



1.

the differences between the lawfully exercised professional activities in the Member State of origin and the Dental Assistant including prevention Assistant special qualifications under this Federal Act are so large, that the application of countervailing measures of the request to the tantamount to applicant/applicant, to go through the full program of training the Dental Assistant in Austria;

2. no compelling reasons of general interest conflict partial access.

(6) persons to whom a partial access was granted in accordance with paragraph 5 have



1 their profession under the professional title of the Member State of origin and, if necessary, also under the in the recognition decision set German-language designation exercising and 2 notify the employer clearly beyond the scope of their professional activities."

16. in article 89, paragraph 5, Z is 2 after the expression "section 82 para. 2" the expression ", section 84, paragraph 6" added.

17 the following paragraph 8 is added to article the 90:

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

Article 9

Amendment to the Dental Board Act

The dental Chamber Act (ZÄKG), Federal Law Gazette I no. 154/2005, as last amended by Federal Law Gazette I no. 46/2014 is amended as follows:

1 paragraph 7 subsection 4:

"(4) the Austrian Chamber of dentists and the dental Chambers of the country have within its area of effect in the context of the application



1. the Directive 2005/36/EC on the recognition of professional qualifications, OJ No L 255 of the 30.09.2005 p. 22, as last amended by Directive 2013/55/EC, OJ No. L 354 of the 28.12.2013 p. 132, as amended by the amending OJ No. L 305 of the 24.10.2014 p. 115, as well as 2 2011/24/EU directive concerning the pursuit of patient rights in cross-border healthcare, OJ No. S. 45, the competent authorities of the other Contracting States of the EEA and the Swiss Confederation to cooperate with L 88 of the astronomy, Office to provide assistance and the necessary information in accordance with paragraph 5, in particular in the way the internal market information system (IMI), within the meaning of Regulation (EU) No. 1024/2012 through administrative cooperation with the help of the internal market information system and repealing Decision 2008/49/EC ('IMI regulation') , OJ No L 316 of the 14.11.2012 p. 1, last amended by the 2014/67/CE directive, OJ No. overtake p. 11, L 159 of the 28.5.2014 and grant."

2. § 20 para 1 Nos. 10 and 11 is:



"10 recognition of professional qualifications in accordance with § 9 ZÄG;"

"11 conduct of proceedings relating to the temporary provision of services pursuant to § 31 ZÄG;"

3. in article 20, paragraph 4, replaced the point at the end of the No. 3 with a semicolon and following Z 4 added:



'4. provisions concerning the examination of sufficient knowledge of the German language (language examination Regulation).'

10 the following paragraph is added to § 4. 126:

"(10) with 18 January 2016 § 7 para 4 and § 20 para 4 step Nos. 3 and 4 as amended by Federal Law Gazette I no. 8/2016 in force."

Fischer

Faymann