Amendment Of The Federal Law On Hospitals And Sanatoria

Original Language Title: Änderung des Bundesgesetzes über Krankenanstalten und Kuranstalten

Read the untranslated law here: http://www.ris.bka.gv.at/Dokumente/BgblAuth/BGBLA_2016_I_3/BGBLA_2016_I_3.html

3. Federal law that modifies the Federal law on hospitals and sanatoria

The National Council has decided:

The Federal law on hospitals and sanatoria, Federal Law Gazette No. 1/1957, amended by the Federal Act Federal Law Gazette I no. 32/2014, is amended as follows:

1. (determination of principle of) in article 2, paragraph 1, the final point is replaced by a semi-colon Z 5, following no. 6 shall be added:



"6 military hospitals, operated hospitals, 2001, Federal Law Gazette I no. 146/2001, are immediate and predominant related with the fulfilment of the tasks of the armed forces in accordance with § 2 of the military service Act are by the Federal Government."

2. (determination of principle of) in § 2 para 2 lit. the final point e is replaced by a semi-colon, following lit. f is attached:



"f) medical care facilities in care facilities according to § 1 Z 5 of the basic supply Law Association 2005, BGBl. No. 405/1991, for asylum-seekers."

3. (principle of determination) article 2 the following paragraph 4 is added:

"(4) as far as the terms"Medical College"or"University, a medical school is set up on the"used in this Federal Act, are including that in accordance with § 6 of the law on University 2002, Federal Law Gazette I no. 120/2002, built universities to understand."

4. (principle provision) section 2a paragraph 2 States:

"(2) hospitals, which wholly or partly for the research and teaching a medical university or a University of a Faculty of medicine is set up, in addition to the tasks referred to in paragraph 1, are lit in the sense of paragraph 1 central hospitals. c".

5. (determination of principle of) in § 2a para 5 Z 1 get the previous lit. c, d, and e the codes d, e and f, following new lit. c is inserted:



"(c) for re mobilization and follow-up in the context of departments for internal medicine, orthopaedics and orthopaedic surgery and accident surgery, where the provincial legislature may provide more professionally in eligible departments for" 6 (determination of principle of) in § 2 para 2 Z is 1 first sentence after the phrase "reconstructive surgery" inserted the phrase "or re mobilization and follow-up".

7. (principle of determination) article 3, paragraph 1, first sentence, is:

"Beds leading hospitals require, unless section 42d not other determines both its establishment and their holding a permit from the Government."

8. (principle of determination) § 3 par. 6 is as follows:

"(6) also has to provide for the provincial legislature, that in the procedure for granting the authorization for establishing hospitals and in procedures for the Vorabfeststellung of the need the legal representation of interests in private hospitals and affected social security institutions with regard to the according to § 3 para 2 lit." "(a) in conjunction with paragraph 2c of to be tested needs party status within the meaning article 8 AVG and the right of appeal to the State administrative court in accordance with article 132 paragraph 5 B-VG and against findings and decisions of the regional administrative court para. 1 B-VG have the right to appeal to the Administrative Court in accordance with article 133."

9. (determination of principle of) section 3a, paragraph 1 first sentence reads:

"Independent outpatient clinics require, unless section 42d not other determines both its establishment and their holding a permit from the Government."

10. (determination of principle of) in § 3a paragraph 5 the phrase "the respective country health platform" is replaced by the phrase "of the respective country health fund".

11. (principle provision) § 3a paragraph 8 States:

"(8) also has to provide for the provincial legislature, that in the procedure for granting the permit for the establishment of an independent outpatient clinic - except in the case of paragraph 4 - affected social security institution, the legal representation of interests of private hospitals and the competent State Medical Association or independent outpatient dental clinics the Austrian dental Chamber in terms of party position requirements within the meaning of § 8 AVG and the right complaint's the State administrative court in accordance with article 132 paragraph 5 B-VG and against findings and decisions of the regional administrative court, the right of the revision to the Administrative Court in accordance with" Article 133 paragraph 1 B-VG have. The same applies to procedures for the Vorabfeststellung to the requirements of paragraph 3.'

12. (determination of principle of) in § 3 b para 2 is replaced the word "Social security institution" by the word "Health insurance carrier".

13. (determination of principle of) § 3 c is:

"§ 3c." In the construction and operation of hospitals which wholly or partly serve the research and teaching of medical university or a University of a faculty is established, the requirements of medical research and teaching are taken into account. The cooperation during the operation of the hospital is in an agreement between the needing and the institution of the Medical University or University of a Faculty of medicine is set up, to regulate."

14. (determination of principle of) in section 4, paragraph 2 the quote "the section 3a" is replaced by the quote "the sections 3a and 3B".

15 (principle of determination) section 5 the following sentence is added to b paragraph 4:

"In hospitals, which wholly or partly for the research and teaching a medical faculty at a University, the Vice Rector for the medical field or a University Professor proposed by Vice Rector for the medical sector belongs to the Commission."

16 (principle of determination) the point after § 6 para 1 lit. h will be replaced by a semi-colon, following lit. i shall beadded:



"i) defining areas where the carriage of assistance dogs (guide dogs, service dogs and signal dogs) and therapy dogs (article 39a of the Federal Disability Act, Federal Law Gazette No. 283/1990, in the currently valid version) is not allowed for hygienic reasons."

17. (principle provision) § 6 para 4 States:

"(4) the agency order for a hospital that wholly or partly serves the research and teaching of medical university or a University of a faculty is established, has to take into account the needs of research and teaching. Prior to their approval of the hospital has the Rector of medical university or University of a Faculty of medicine is set up, to hear."

18 (determination of principle of) Section 6a paragraph 2 the following sentence shall be added:

"A medical faculty at a University is set up, the Vice Rector for the medical field or a University Professor suggested by the Vice Rector of the faculty the Faculty is to involve meetings of the collegial leadership advisory."

19. (determination of principle of) in § 7 is inserted after paragraph 4, the following paragraph 4a:

"(4a) if existing departments of the medical special subjects orthopedics and Traumatology are merged to orthopaedics and trauma surgery to a Department of the medical special compartment, this Department can be redirected by a specialist for Orthopaedics and orthopaedic surgery or by a specialist in trauma surgery, unless at least two specialists of the different medical special compartment involved in this Department."

20. (principle provision) § 7 para 2 States:

"(2) in common facilities of clinics and institutes at medical universities or universities with a Faculty of medicine is established, whose tasks include the provision of medical services, the responsibility for these medical tasks comes to the head of the joint facility."

21. (principle determination) article 8, paragraph 1 Z 2 are attached the following records:

"considering upcoming special subjects are about the referred to in no. 3, that in terms of an acute complication management where a specialist presence is necessary." While the proposed number of present specialists is to ensure. The rest may be waived in central hospitals in the night - and temporarily at the weekend and holiday service by a permanent presence of medical specialists of the otherwise relevant special subjects, if instead, a call is set up "

22 (principle provision) § 8 para. 1 sub-para. 8 States:



"8 in hospitals in the form of an independent outpatient for physical therapy, in which not every doctors are trained, the medical service can be in place an ongoing medical presence that medical help is available and by regular daily presence the required medical arrangements for the staff according to the MTD Act, Federal Law Gazette No. 460/1992, as last amended by Federal Law Gazette I no. 33/2015" , and for Therapeutic masseurs after the MMHmG, Federal Law Gazette I no. 169/2002, as last amended by BGBl. I no. 33/2015, and, in addition to medical orders, also the required supervision of medical massage therapists for the MMHmG and personnel after the MABG, Federal Law Gazette I no. 89/2012, as last amended by BGBl. I no. 33/2015 and MTF-SHD-G, BGBl. No. 102/1961, as last amended by Federal Law Gazette I no. 89/2012 "that is;"

23. (principle provision) § 8 c paragraph 8 States:


"(8) for hospitals, which wholly or partly serve the research and teaching of medical university or University of a faculty is established, an Ethics Commission is referred to in paragraph 1 not to build, if the Medical University or University of a Faculty of medicine is set up, according to university regulations an equivalent Commission is set up, discharging the responsibilities of the Ethics Commission."

24 (principle of determination) according to § 8f is inserted the following § 8 g together with the heading:

"Facilities to collect and to supply breast milk

section 8 g. General hospitals, which operate departments of Gynecology and obstetrics, as well as special hospitals for Gynecology and obstetrics are entitled to operate facilities to collect and to express breast milk. "

25. (determination of principle of) in § 10 para 1 No. 3, the word "X-rays" is replaced by the phrase "X-ray images, video recordings".

26. (determination of principle of) in Article 10a, paragraph 4 the phrase "in the country health platform" is replaced by the phrase "in the respective country health fund".

27. (determination of principle of) article 19a par. 3 No. 4 is:



"4. in hospitals, which wholly or partly for the research and teaching a medical university or a University of a faculty is established, is also to ensure that they can fully meet their tasks in the field of academic research and teaching."

28 (principle of determination) § 26 para 1 sub-para. 5 is as follows:



"5. in connection with organ, tissue and blood donations," 29 (determination of principle of) pursuant to § 42 c the following main piece G inserted:

"Main piece G

Military hospitals

section 42d. (1) military hospitals, their number and location of the Federal Minister of national defence and sports due to military needs been set need to establish any approval. The intended construction is to show the provincial government. Upon request, the competent Land Government has to announce the concrete requirements for the operating licence to the Federal Ministry for defence and sports. The approval to operate of a leading bed hospital is granted if the conditions of § 3 para 4 lit. b, are given d and e. The approval to operate of a military hospital as an independent clinic shall be granted if the conditions of article 3 are given b paragraph 1 Z 2-4.

(2) on the operation military hospitals are the provisions of § 3 section 7, section 3B para 3, § 4 para 1 first and second sentence, section 5a paragraph 1 No. 1 to 10, § 5b (1) to 5, § 6 para 1 to 3 and 6, § 7 para 1 to 4, Article 7a, paragraph 1 and 2, article 8, paragraph 1 Nos. 1, 9 and 10, § 8 para 2-4 , Article 8a, paragraph 8, first sentence of b of paragraph 1, and paragraph 2 to 4 with the proviso that in place of the 7th section of the after the 7th section of the B-BSG applies, section 8c paragraph 1 to 3a, paragraph 4 Nos. 1 to 7 and 9, paragraph 4a and 5, para 6, with the proviso that the rules of procedure requires not the approval of the provincial government, paragraph 6a and 7 , § 8f, article 9, paragraph 1 and 2, article 10, article 11 par. 1, Article 11a, paragraph 1 and 2, section 11B, section 11c, section 11 d, § 12 para 2 lit a, b with the proviso that section 35 does not apply, as well as paragraph 3 and 4, article 20, article 24, paragraph 1 applicable lit second and third sentences, para. 2, 3 and 4, § 25, § 48, § 60 paragraph 1 to 6 and section 61.

§ 42e. In the case of use of the armed forces in accordance with § 2 par. 1 lit. a 2001, Federal Law Gazette I no. 146/2001, can be waived to (d) of the military service act hospital regulations for the purpose of maintaining the Sanitätsversorgung of compelling needs."

30. the heading in the second part to part A. is as follows:

'Special provisions for medical universities or universities, where a medical school is set up'

31. in article 46, paragraph 3, the phrase "or University of a Faculty of medicine is set up," is inserted after the phrase "Medical University".

32. paragraph 55 No. 1:



"1. the additional costs, which is in the creation, shaping and extension at the same time a medical faculty is furnished teaching at medical universities or universities, where, from the needs of teaching result in serving public hospitals;"

33. paragraph 56:

"article 56. The detailed rules on the ER rates provided for in § 55 of the Federal are determined at medical universities or universities, where a medical school is set up, by the Federal Ministry of science, research and industry in consultation with the Federal Minister of finance after consultation with the relevant provincial government by regulation."

34. in article 62, paragraph 1, the number '2 180"by the number '7 000' is replaced.

35. According to § 62, b the following section 62 c is inserted:

"§ 62c." (1) facilities to collect and to the sale of breast milk may be established only in the section 8 g hospitals referred to.

(2) a person who outside in section 8 establishes a facility to collect and to supply breast milk to hospitals referred to in g or operates commits an administrative offence, unless the Act constitutes not a criminal offence falling within the jurisdiction of the courts, is to punish up to €7,000 fine."

36. the following paragraph 4 is added to § the 65a:

"(4) the provincial legislature has the implementing regulations for section 2 para 1 No. 6, § 2 para 2 lit. f, § 2 para 4, § 2a para 2, § 2a para 5 No. 1, § 2b para 2 Nos. 1, § 3 para 1 and 6, section 3a, paragraph 1, 5 and 8, § 3 para 2, § 3c, section 4, paragraph 2, article 5 b para 4, § 6 para 1 lit. "i and para 4, § 6a para 2, § 7 paragraph 4a, section 7 b par. 2, article 8, paragraph 1 Z 2 Z 8, sec. 8c 8, § 8 g including heading, § 10 para 1 No. 3, section 10a, para 4, § 19a section 3 Z 4, § 26 para 1 Z 5 as well as to the main piece of G in the version of Federal Law Gazette I no. 3/2016 six months to adopt."

37. in the section 67, paragraph 2, the Nos. 1, 2 and 4 are as follows:



"1 of sections 43 and 44 of the Federal Minister for science, research and economy, 2. sections 46, is 55 and 56 is the Federal Minister for science, research and economy in agreement with the Federal Minister of finance, 4. the sections 56a to 59 h is the Federal Minister of health in consultation with the Federal Minister of finance," Fischer

Faymann