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

Amendment of the Health and Health Care Act

Article 2

Amendment of the Hebammen Act

Article 3

Amendment of the Kardiotechnikergesetz

Article 4

Amendment of the MTD Act

Article 5

Amendment of the Medical Assistants ' Law

Article 6

Amendment of the Medical Mass And Medicinal massacre law

Article 7

Amendment of the Sanitary Act

Article 8

Amendment of the Dentist Act

Article 9

Amendment of the Dentist 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 " the following line is inserted:

" § 3d

Nursing internship for students "

1a. In the table of contents, after the line " § 28a ... EEA recognition " the following line is inserted:

" § 28b

EEA recognition-European professional card "

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

" § 30a

EEA recognition-Partitional access "

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

" § 39a

Temporary provision of services-European professional card "

4. § 2a Z 1 and 2 reads:

" 1.

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

2.

the Agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other part, on the free movement of persons, OJ No. 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. According to § 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 pre-warning mechanism in accordance with Directive 2005 /36/EC, OJ L 73, 27.3.2005, p. No. OJ L 159, 25.06.2015 p. 27;

5.

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;

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

" Nursing internship for students

§ 3d. Students of an education in a health care profession are entitled to support activities in the basic services provided for in Appendix 2, point 3 of the agreement, within the framework of a care practice provided for in the study regulations. Social care professionals 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" in accordance with GuK-BAV, an equivalent theoretical training or an education in a Health professionals have successfully completed. The professional exercise of these activities shall be prohibited. '

6. In Section 28a (5), the word in Z 4 shall be: "and" is 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 has not been temporarily or definitively 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, within the framework of the procedure, that the applicant has used forged professional qualifications, the Federal Minister of Health shall have the competent authorities of the other EEA States Parties by the means of EU Internal Market Information System (IMI) within three days following a final judicial 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 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 has to cooperate with the competent authorities of the other EEA States Parties and the Swiss Confederation, to provide mutual assistance and to cooperate with the and, in particular through the Internal Market Information System (IMI) within the meaning of the IMI Regulation, to provide and to provide the necessary information. "

9. According to § 28a, the following § 28b and heading is inserted:

" EEA recognition-European professional card

§ 28b. (1) The Federal Minister of Health has, on request, an EEA recognition of a qualification certificate in accordance with § 29 in the general health and nursing care procedure 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 § 29 (1) Z 3, the expression "Article 33 (2) and (3)" by the expression "Article 33 (3)" replaced.

11. In Section 30 (1), the word order shall be deleted " 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-Partitional access

§ 30a. (1) The Federal Minister of Health shall, on a case-by-case basis, have persons who, in another EEA Contracting State or the Swiss Confederation, have a qualification certificate in a special task without basic training in the have acquired a high level of health and nursing care and are qualified in that State for the pursuit of their professional activities, to have partial access to a professional activity in the appropriate special task, , if the following conditions are met:

1.

the differences between the legally practised professional activity in the home Member State and the special task under this federal law are so great that the application of compensatory measures is equivalent to the requirement to the applicant, the to go through a complete training programme in Austria in order to gain access to the entire special task in Austria;

2.

the activities covered by the qualification obtained can be objectively separated from other activities covered by the specific task in question;

3.

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

(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 of this Article shall have:

1.

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

2.

the patients, clients or persons in need of care, the service providers and/or to clearly inform the recipients of the scope of their professional activities. "

13. In Section 39 (2), the word shall be deleted at the end of Z 2. "and" , at the end of Z 3 the point shall be replaced by a dash and the following Z 4 shall be added:

" 4.

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

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

" Temporary provision of services-European professional card

§ 39a. (1) On request, the Governor of the State shall have the procedure relating to the temporary provision of services in accordance with § 39 in the general health and nursing care provision 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 nationals of an EEA Contracting State or of the Swiss Confederation, who are legally practising general health and nursing care in Austria and in another EEA Contracting State or the Swiss Confederation In the case of the European professional card, the Swiss Confederation shall apply for the temporary provision of services by electronic means, shall be that of the country of origin of 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 is added in each case 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 notification shall be corrected or withdrawn. '

16. In accordance with § 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) must be conveyed."

(17) The following paragraphs 9 and 10 are added to § 87:

" (9) Where it is established, within the framework of the procedure, that the applicant has used forged professional qualifications, has

1.

in cases of paragraph 1 of the Federal Minister for Health and

2.

in cases of paragraph 2 of the Landeshauptmann

the competent authorities of the other EEA States Parties by means of 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 of 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 obtain and grant the information. "

18. In § 105 (1) Z 4, after the expression "§ 12 (6)," the expression "§ 30a (3)," inserted.

19. The following paragraph 19 is added to § 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 Hebammen Act (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 para. 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)" by the expression "Article 43 (4)" replaced.

3. In Section 12 (5), in Z 4, the word "and" is 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 has not been temporarily or definitively prohibited, and "

4. The following sentence is added to Section 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 determined 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 in the To inform the EU's Internal Market Information System (IMI) within three days of a final court 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 shall be corrected or withdrawn. "

6. In Section 21 (2), the word shall be deleted at the end of Z 2. "and" , at the end of Z 3 the point shall be replaced by a dash and the following Z 4 shall be added:

" 4.

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

(7) The following paragraph 4 is added to § 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 and/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 shall be corrected or withdrawn. "

(8) The following paragraph 7 is added to § 22a:

" (7) The Governor of the State shall have the competent authorities of the other EEA States Parties in accordance with the EU's Internal Market Information System (IMI) on the provisional subsection referred to in paragraphs 1 and 2 within three days of the decision to be taken by the State's main office. To inform 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 shall be corrected or withdrawn. "

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

" 2a.

Withdrawal of the professional authority according to § 22, failure to register in the register of midwives in accordance with § 42b; "

10. § 40 para. 2 Z 3 reads:

" 3.

Recognition of professional qualifications according to § 12, receipt of notifications and issue of certificates pursuant to § 21; "

11. § 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 healthcare

to 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 through the Internal Market Information System (IMI), in the 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 327, 30.4.2005, p. No. 22, as last amended by Directive 2013 /55/EU, OJ L 255, 30.9.2013, p. No. 132, as amended by the corrigendum OJ L 327, 28.12.2013, p. No. OJ L 305, 24.10.2014 p. 115;

2.

the Agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other part, on the free movement of persons, OJ No. 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. According to § 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 pre-warning mechanism in accordance with Directive 2005 /36/EC, OJ L 73, 27.3.2005, p. No. OJ L 159, 25.06.2015 p. 27;

5.

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;

14. The following paragraph 9 is added to § 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

Amendment of the Kardiotechnikergesetz

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 reads as follows:

" 1.

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

2.

the Agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other part, on the free movement of persons, OJ No. 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 pre-warning mechanism in accordance with Directive 2005 /36/EC, OJ L 73, 27.3.2005, p. No. OJ L 159, 25.06.2015 p. 27;

5.

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;

Section 11 (1) reads as follows:

" (1) The Federal Minister of Health shall have persons who have been issued with a certificate of qualification in the cardiotechnical service by an EEA State Party or the Swiss Confederation, who shall have a professional qualification in accordance with Article 11, , with the exception of lit. a, which corresponds to Directive 2005 /36/EC on the recognition of professional qualifications equivalent to that of Austrian training, to be granted recognition in the cardiotechnical service upon request. "

4. § 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" is 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 has not been temporarily or definitively 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 are added to § 11:

" (12) Where it is established, within the framework of the procedure, that the applicant has used forged professional qualifications, the Federal Minister of Health shall have the competent authorities of the other EEA States Parties by means of the EU Internal Market Information System (IMI) within three days following a final judicial 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 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 has to cooperate with the competent authorities of the other EEA States Parties and the Swiss Confederation, to provide mutual assistance and to cooperate with the competent authorities of the other EEA States Parties and the Swiss Confederation. and, in particular through the Internal Market Information System (IMI) within the meaning of the IMI Regulation, to provide and to provide the necessary information. "

8. The following paragraph 4 is added to § 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 notification shall be corrected or withdrawn. '

9. The following paragraph 4 is added to § 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

Amendment of 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 " the following lines are inserted:

" § 1a

Implementation of Union law

§ 1b

Referrals "

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

" § 6f

EEA recognition-European professional card

§ 6g

EEA recognition-Partitional access "

3. In the table of contents, the line " § 8b ... Self-employed professional exercise " replaced by the following lines:

" § 8b

Temporary provision of services-European professional card

§ 8c

Self-employed professional exercise "

4. The table of contents contains the following lines:

" § 35a

Implementation of Union law

§ 35b

Referrals "

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

" Implementation of Union law

§ 1a. Through this federal law,

1.

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

2.

the Agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other part, on the free movement of persons, OJ No. 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 healthcare, OJ L 206, 22.7.2011, p. 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 pre-warning mechanism in accordance with Directive 2005 /36/EC, OJ L 73, 27.3.2005, p. No. OJ L 159, 25.06.2015 p. 27;

5.

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

to be transposed into Austrian law.

References

§ 1b. (1) Where reference is made in this Federal Act to provisions of other federal laws, those provisions shall, unless otherwise specified, be applied in their respectively applicable version.

(2) By this federal law, the

1.

Pharmacies Act, RGBl. 5/1907,

2.

Medical Law 1998 (ÄrzteG 1998), BGBl. I No 169,

3.

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

4.

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

5.

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

6.

Medical Assistance Law-Law (MABG), BGBl. I No 89/2012,

7.

Medical masseur and Heilmasseurgesetz (MMHmG), BGBl. I No 169/2002,

8.

MTF-SHD-G, BGBl. No 102/1961,

9.

Music Therapy Act (MuthG), BGBl. I No 93/2008,

10.

Psychologengesetz 2013, BGBl. I No 182/2013,

11.

Psychotherapist Act, BGBl. No 361/1990,

12.

Sanitarian law (SanG), BGBl. I No 30/2002,

13.

Dentists Act (ZÄG), BGBl. I No 126/2005,

shall not be affected. "

6. In § 3 (3) (2) (2), the expression "§ 5 para. 4 FHStG" by the expression "§ 6 para. 6 FHStG" replaced.

7. § 6b (1) reads:

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

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

" 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 in accordance with Article 11 lit (s). (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), the word in Z 4 shall be: "and" is 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 has not been temporarily or definitively 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 paragraphs 10 and 11 are added to § 6b:

" (10) Where it is established in the course of the proceedings that the applicant (s) has used forged professional qualifications, the Federal Minister for Health (s) shall have the competent authorities of the other EEA States Parties in the To inform the EU's Internal Market Information System (IMI) within three days of a final court decision in accordance with the provisions of Article 56a of Directive 2005 /36/EC and the Implementing Regulation (EU) 2015/983. 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 notification shall be corrected or withdrawn.

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

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

" EEA recognition-European professional card

§ 6f. (1) The Federal Minister for Health has, on request, an EEA recognition 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 by Regulation.

EEA recognition-Partitional access

§ 6g. (1) The Federal Minister of Health (in) for health shall, on a case-by-case basis, have persons who have a qualification certificate in a sub-area of an upper class in another EEA Contracting State or the Swiss Confederation. medical-technical service, and are qualified in that state without restriction to the pursuit of professional activity, partial access to a professional activity in the appropriate upscale medical-technical service service if the following conditions are met:

1.

the differences between the legally practised professional activity in the home Member State and the corresponding upper medical-technical service under this federal law are so great that the application of compensatory measures of the requirement to the applicant (s), to go through the full training programme in Austria in order to gain access to the whole of the upper medical-technical service in Austria;

2.

the activities covered by the qualification obtained can be objectively separated from other activities covered by the relevant upper-level medical-technical service;

3.

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

(2) § 6b (2) to (11) shall apply.

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

1.

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

2.

the patients affected (patients), the service providers or clearly inform the recipients of the extent of their professional activities. "

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

" 4.

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

14. The text of the previous § 8b is given the paragraph "§ 8c" , in accordance with § 8a, the following new § 8b and headline shall be inserted:

" Temporary provision of services-European professional card

§ 8b. (1) The Landeshauptmann (Governor) has, on request, the procedure relating to the temporary provision of services in accordance with § 8a in the physiotherapy service by means of the European professional card in accordance with the provisions of Article 4a ff. 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, in another EEA Contracting State or the Swiss Confederation, by means of the European professional card, the temporary provision of services shall be submitted electronically by the provincial governor (national principal) who shall be 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 by Regulation. "

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

" (4) The Federal Minister for Health (Die) 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 notification shall be corrected or withdrawn. "

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

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

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

" (19) With 18. January 2016 kicks off

1.

the table of contents, § 1a including the title, § 6b (1) and (5), (6) (4) and (4a), (7), (10) and (11), § § 6f and 6g, including headlines, § 8a (2) (2) to (4), § 8b and the title; § 8c and § 12 (4), as amended by the Federal Law BGBl (Federal Law). I No 8/2016 in force and

2.

§ 35a together with the title shall not apply. "

Article 5

Amendment of the Medical Assistants ' Law

The Medical Assistant Occupation 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 reads:

" 1.

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

2.

the Agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other part, on the free movement of persons, OJ No. 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 pre-warning mechanism in accordance with Directive 2005 /36/EC, OJ L 73, 27.3.2005, p. No. OJ L 159, 25.06.2015 p. 27;

4.

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;

4. § 16 (1) reads:

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

5. In § 16 (4), in Z 4, the word "and" is 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 has not been temporarily or definitively prohibited, and "

6. The following sentence is added to Section 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 within the framework of the procedure that the applicant has used forged professional qualifications, the Federal Minister for Health shall have the competent authorities of the other EEA States Parties in the way. of the EU's 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 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 shall be corrected or withdrawn.

(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 to cooperate with the competent authorities of the other EEA States Parties and the Swiss Confederation. and, in particular through the Internal Market Information System (IMI) within the meaning of the IMI Regulation, to provide and to provide the necessary information. "

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

" (6) The Federal Minister for Health has the competent authorities of the other EEA States Parties concerning the withdrawal of the right to work pursuant to para. 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 shall be corrected or withdrawn. "

9. In § 22, paragraph 2 of the term "Laboratory or radiology assistance" through the phrase "Laboratory assistance or X-ray assistance" and in paragraph 4 of the expression " 2 " by the expression " 3 " replaced.

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 massacre 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 reads as follows:

" 1.

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

2.

the Agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other part, on the free movement of persons, OJ No. 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. According to § 1a 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 pre-warning mechanism in accordance with Directive 2005 /36/EC, OJ L 73, 27.3.2005, p. No. OJ L 159, 25.06.2015 p. 27;

5.

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;

Section 10 (1) reads as follows:

" (1) The Federal Minister of Health shall have persons who are proof of qualification as a medical masseur by a State Party to the Agreement on the European Economic Area (EEA Contracting State) or the Swiss Confederation was issued on request for 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" is 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 has not been temporarily or definitively 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, within the framework of the procedure, that the applicant has used forged professional qualifications, the Federal Minister of Health shall have the competent authorities of the other EEA States Parties by means of the EU Internal Market Information System (IMI) within three days following a final judicial 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 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 has to cooperate with the competent authorities of the other EEA States Parties and the Swiss Confederation, to provide mutual assistance and to cooperate with the competent authorities of the other EEA States Parties and the Swiss Confederation. and, in particular through the Internal Market Information System (IMI) within the meaning of the IMI Regulation, to provide and to provide the necessary information. "

7. § § 15 and 47 shall be added in each case 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 notification shall be corrected or withdrawn. '

8. § 16 (3) reads:

"(3) § 15 (3) and (4) shall apply."

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

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

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

" 4.

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

Section 48 (3) reads as follows:

"(3) § 47 (3) and (4) shall apply."

12. In § 63, the following paragraphs 2 and 2a are inserted after paragraph 1:

" (2) The Federal Minister of Health has, on request in individual cases, persons who, in another EEA Contracting State or the Swiss Confederation, have a qualification certificate in a special qualification according to § 60 without Qualification as a medical masseur or a medical asseur and qualified in that State without restriction to the pursuit of the professional activities of the appropriate special qualification, a partial access to the relevant professional activity Special qualification to be granted if the following conditions are met:

1.

the differences between the legally practised professional activity in the home Member State and the medical masseur, including the appropriate special qualification pursuant to this Federal Act, are so large that the application of Compensatory measures of the requirement to the applicant would be equal to the full training programme of the medical masseur in Austria;

2.

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

(2a) Persons who have been granted partial access in accordance with paragraph 2 of this Article shall have:

1.

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

2.

the patients concerned, the service providers or to clearly inform the recipients of the scope of their professional activities. "

13. § 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 para. 1, § 44, § 46 para. 4, 5 or 6, § 46a para. 2 or 3, § 61 paragraph 4 or § 63 paragraph 2a contrary to orders or prohibitions, "

14. The following paragraph 9 is added to § 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 Act

The Sanitary Law (SanG), 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 reads as follows:

" 1.

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

2.

the Agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other part, on the free movement of persons, OJ No. 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. According to § 2a Z 2, the following Z 3 and 4 shall be inserted:

" 3.

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

4.

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;

Section 18 (1) reads as follows:

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

4. In § 18 (9), in Z 4 the word "and" is 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 has not been temporarily or definitively prohibited, and "

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

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

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

" (12) Where it is established, within the framework of the procedure, that the applicant has used forged professional qualifications, the Federal Minister of Health shall have the competent authorities of the other EEA States Parties by means of the EU Internal Market Information System (IMI) within three days following a final judicial 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 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 has to cooperate with the competent authorities of the other EEA States Parties and the Swiss Confederation, to provide mutual assistance and to cooperate with the competent authorities of the other EEA States Parties and the Swiss Confederation. and, in particular through the Internal Market Information System (IMI) within the meaning of the IMI Regulation, to provide and to provide the necessary information. "

(7) The following paragraph 5 is added to § 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 pursuant to para. 1. 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 notification shall be corrected or withdrawn. '

8. The following paragraph 5 is added to § 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 Dental 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 reads:

" 1.

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

2.

the Agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other part, on the free movement of persons, OJ No. 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. According to § 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 pre-warning mechanism in accordance with Directive 2005 /36/EC, OJ L 73, 27.3.2005, 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) For more information on the proof of sufficient knowledge of the German language in accordance with paragraph 1 (4) and on the organisation and conduct of the German examination, including an audit document to be paid for the performance of the examination, the Austrian dentists ' chamber to be regulated by regulation. In determining the amount of the audit, consideration should be given to the time and expenses involved in the organisation and conduct of the audit. "

5. § 9 reads:

" § 9. (1) The Austrian Dental Association shall have the following qualifications issued by an EEA Contracting State or the Swiss Confederation on application as a dental qualification certificate in accordance with the provisions of the Directive 2005 /36/EC:

1.

Evidence of formal qualifications 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.

Evidence of formal qualifications of the dentist/dentist, including a certificate referred to in Article 23 (1), (2), (4), (5) or (6) of Directive 2005 /36/EC;

3.

Evidence of formal qualifications of the physician/physician, including a certificate in accordance with Article 37 (1), (2) or (4) of Directive 2005 /36/EC;

4.

Evidence of formal qualifications of the dentist/dentist referred to in Article 10 lit. (b) Directive 2005 /36/EC;

5.

Evidence of formal qualifications 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 shall have the following:

1.

proof of nationality,

2.

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

3.

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

4.

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

5.

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

6.

proof of residence or of a person with an assignment in Austria

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

(4) Within one month, the Austrian Dentistry Chamber shall confirm receipt of the documents and inform them of the missing documents. The decision on recognition has

1.

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

2.

in cases where no automatic recognition is provided for under Directive 2005 /36/EC (paragraph 2). 1 Z 4 and 5), within four months

after the complete submission of the necessary 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 in the To inform the EU's Internal Market Information System (IMI) within three days of a final court 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 shall be corrected or withdrawn. "

6. In Section 31 (2), the word shall be deleted at the end of Z 2. "and" , at the end of Z 3 the point shall be replaced by a dash and the following Z 4 and 5 shall be added:

" 4.

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

5.

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

7. In § 43 (1a) the last sentence is deleted.

8. The following paragraph 5 is added to § 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 para. 1. 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 shall be corrected or withdrawn. "

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

" (7) The Landeshauptmann/Landeshauptfrau (Landeshauptmann/Landeshauptfrau) shall have the competent authorities of the other EEA States Parties in accordance with the EU Internal Market Information System (IMI) under the EU Internal Market Information System (IMI) within three days of taking the decision after the decision has been taken after the decision has been taken. inform 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 shall be corrected or withdrawn. "

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

" (3) The Austrian Dentistry Chamber has the competent authorities of the other EEA States Parties concerning the restriction of the professional practice referred to in paragraph 1 by way of the EU Internal Market Information System (IMI) within three days of being legally binding. 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 shall be corrected or withdrawn. "

(11) The following paragraph 3 is added to § 48:

" (3) The Austrian Dentistry Chamber has the competent authorities of the other EEA States Parties concerning the restriction of the professional practice referred to in paragraph 1 by way of the EU Internal Market Information System (IMI) within three days of being legally binding. 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 shall be corrected or withdrawn. "

Article 78 (1) reads as follows:

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

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

" (3) Where it is established within the framework of the procedure referred to in paragraph 1 that the applicant/applicant has used forged professional qualifications, the Federal Minister of 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 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 shall be corrected or withdrawn.

(3a) The Federal Minister for Health shall have the information required for the application of Directive 2005 /36/EC to the competent authorities of the other EEA States Parties and of the Swiss Confederation in order to ensure that: the confidentiality of the information exchanged, in particular by means of the Internal Market Information System (IMI) within the meaning of the IMI Regulation. "

14. The following paragraph 6 is added to § 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 shall be corrected or withdrawn. "

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

" (5) Without prejudice to paragraph 4, the Federal Minister of Health/Federal Minister for Health shall, on a case-by-case basis, have persons who have a qualification certificate in another EEA Contracting State or the Swiss Confederation in the Have obtained a prophylactic assistance or a dental hygiene without qualification in the dental assistant, and are qualified in this state without any restrictions on the pursuit of the occupational activity of the prophylaxis assistant or dental hygiene, a partial access to special qualification prophylaxis assistance , if the following conditions are met:

1.

the differences between the legally practised professional activity in the home Member State and the dental assistance, including the special qualification of prophylaxis assistance under this federal law, are so great that the application of Compensatory measures of the request to the applicant would be equal to the full training programme of the dental assistance in Austria;

2.

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

(6) Persons who have been granted partial access in accordance with paragraph 5 of this Article shall have:

1.

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

2.

to clearly inform the service providers of the extent of their professional activities. "

16. In § 89 (5) Z 2, after the expression "§ 82 (2)" the expression ", § 84 (6)" 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 Dentist 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. § 7 (4) reads:

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

1.

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

2.

Directive 2011 /24/EU on the exercise of patients ' rights in cross-border healthcare, OJ L 327, 28.11.2011, p. No. OJ L 88, 4.4.2011 p. 45,

to 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 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 ("the 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.

2. § 20 (1) Z 10 and 11 reads as follows:

" 10.

Recognition of professional qualifications according to § 9 ZÄG;

11.

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

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

" 4.

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

(4) The following paragraph 10 is added to § 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