Physicians / Doctors Qualification Regulation 2014 - Physicians / Doctors-Eu-Vo 2014

Original Language Title: Ärzte-/Ärztinnen-EU-Qualifikationsnachweis-Verordnung 2014 – Ärzte-/Ärztinnen-EU-VO 2014

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283. Ordinance of the Federal Minister of Health concerning the qualifications of medical qualifications from the European Union, the European Economic Area and the Swiss Confederation (Doctors and Doctors-EU Qualifications Regulation) 2014-Doctors/Medical Doctors-EU-VO 2014)

On the basis of § 6 Z 1 of the Medical Law 1998 (ÄrzteG 1998), BGBl. I n ° 169/1998, as last amended by the Federal Law BGBl. I n ° 46/2014 and the BGBl rallies. I n ° 49/2014 and BGBl. I No 50/2014, shall be arranged:

table of contents

Section 1

General

§ 1.

Implementation of Union law

Section 2

Automatic recognition

§ 2.

Evidence of formal qualifications as set out in Annex V to Directive 2005 /36/EC

§ 3.

Acquired Rights-General

§ 4.

Acquired rights-Germany

§ 5.

Acquired rights-Czech Republic and Slovakia

§ 6.

Acquired rights-Estonia, Latvia, Lithuania

§ 7.

Acquired rights-Slovenia and Croatia

§ 8.

Special acquired rights of specialist doctors (specialists)-Spain

§ 9.

Special acquired rights of specialist doctors (specialists)-Italy

§ 10.

Special acquired rights of physicians (doctors) for general medicine

Section 3

Remigration

§ 11.

Acquired rights-Further migration

Section 4

In-and out-of-power

§ 12.

entry into force

§ 13.

Override

Appendix 1

Evidence of formal qualifications for basic medical training

Appendix 2

Evidence of formal qualifications for the specialist medical specialist (specialist)-Specialist names

Appendix 3

Evidence of formal qualifications for the doctor (the doctor) for general medical practice (evidence of formal qualifications in general medicine)

Section 1

General

Implementation of Union law

§ 1. (1) This Regulation shall

1.

Directive 2005 /36/EC on the recognition of professional qualifications, OJ L 327, 30.4.2005, p. No. OJ L 255, 30.9.2005, p. 22, as last amended by OJ L 327, 28.11.2005 No. 49, as last amended by Directive 2013 /55/EU, OJ L 327, 28.12.2013, p. No. OJ L 354, 28.12.2013, p.

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 1/2012, OJ L 114, 27.4.2002, p. No. OJ L 103, 13.04.2012 p. 51,

to be transposed into Austrian law.

Section 2

Automatic recognition

Evidence of formal qualifications as set out in Annex V to Directive 2005 /36/EC

§ 2. (1) In order to obtain the right to work as a gymnastic practitioner or a licensed doctor (approved doctor), the "training evidence for basic medical training" referred to in Appendix 1 for the country in question must be recognised, which:

1.

have been issued by the competent authority of the Member State of the European Union or of any other party to the EEA Agreement or of the Swiss Confederation, and

2.

where appropriate, the certificate referred to.

(2) In order to obtain the right to work as a specialist doctor (specialist), the "evidence of formal qualifications for the specialist (the specialist)" referred to in Appendix 2 for the country in question must be recognised.

1.

have been issued by the competent authority of the Member State of the European Union or of any other party to the EEA Agreement or of the Swiss Confederation, and

2.

where appropriate, the certificate referred to.

(3) For the purpose of obtaining the right of professional medical practitioner (general medical practitioner), the "evidence of formal qualifications for the general practitioner" referred to in Appendix 3 for the country in question shall be recognised, the

1.

have been issued by the competent authority of the Member State of the European Union or of any other party to the EEA Agreement or of the Swiss Confederation, and

2.

where appropriate, the certificate referred to.

Acquired Rights-General

§ 3. (1) Training evidence issued by a Member State of the European Union or any other Contracting Party of the EEA Agreement or of the Swiss Confederation shall be a medical professional qualification in accordance with § 5 of the Medical Act 1998, even if: they do not comply with the training requirements laid down in Articles 24 and 25 of Directive 2005 /36/EC, provided that:

1.

to complete a training commenced before the date referred to in Annexes 1 and 2 for the country in question, and

2.

is accompanied by a certificate attesting that the person concerned has been in a Member State of the European Union or of any other Contracting Party to the European Union for at least three years during the five years preceding the issue of the certificate. The EEA Agreement or the Swiss Confederation has in fact and lawfully exercised the activities in question.

(2) Training evidence issued by a Member State of the European Union or any other Contracting Party of the EEA Agreement or of the Swiss Confederation shall be a medical professional qualification in accordance with § 5 of the Medical Act 1998, even if: they do not correspond to the designations listed in Annexes 1 to 3 for the country concerned, provided that they are certified by the competent authority of the Member State of the European Union or of any other Member State Contracting Party to the EEA Agreement or to the Swiss Confederation is accompanied by the evidence that the training certificate

1.

close an education which complies with the provisions of Articles 24, 25 and 28 of Directive 2005 /36/EC, and

2.

the Member State of the European Union or any other Contracting Party to the EEA Agreement or of the Swiss Confederation shall be treated as equivalent to the evidence of formal qualifications referred to in Annexes 1 to 3 for the country concerned.

Acquired rights-Germany

§ 4. Medical training qualifications acquired in the territory of the former German Democratic Republic, even if they do not meet the requirements of the training referred to in Articles 24 and 25 of the German Democratic Republic, are obtained as a medical professional qualification in accordance with § 5 of the Medical Council 1998. Directive 2005 /36/EC, provided that:

1.

in the case of

a)

Doctors (doctors) with basic training complete an education that is before the 3. October 1990, or

b)

Medical specialists (specialists) were started before 3 April 1992,

2.

it is certified by the competent German authority that the evidence of formal qualifications to carry out medical activities throughout the territory of Germany is subject to the same conditions as those set out in Annexes 1 and 2 for Germany Evidence of formal qualifications, and

3.

is accompanied by a certificate attesting that the person concerned has been in a Member State of the European Union or of any other Contracting Party to the European Union for at least three years during the five years preceding the issue of the certificate. The EEA Agreement or the Swiss Confederation has in fact and lawfully exercised the activities in question.

Acquired rights-Czech Republic and Slovakia

§ 5. Medical training certificates issued by the former Czechoslovakia are to be recognised as a medical professional qualification in accordance with § 5 of the Medical Association Act 1998, provided that:

1.

to complete an apprenticeship which began in the case of the Czech Republic and Slovakia before 1 January 1993,

2.

it is certified by the competent authority of the Czech Republic or Slovakia that the evidence of formal qualifications for the exercise of a medical profession in the Czech or Slovak territory confers the same rights as those in the territory of the Czech Republic or Slovakia. Annexes 1 and 2 for the Czech Republic or Slovakia, and

3.

a certificate issued by the same authority is accompanied by the fact that the person concerned, during the last five years prior to the issue of the certificate, has effectively and lawfully carried out the activities in question for at least three years in the Czech Republic or Slovakia.

Acquired rights-Estonia, Latvia, Lithuania

§ 6. Medical training certificates issued by the former Soviet Union must be recognised as a medical professional qualification in accordance with § 5 of the Medical Association Act 1998, provided that:

1.

they will complete an education that

a)

in the case of Estonia, before 20 August 1991,

b)

in the case of Latvia, before 21 August 1991, or

c)

in the case of Lithuania, before 11 March 1990

has been started,

2.

it is certified by the competent authority of Estonia, Latvia or Lithuania that the evidence of formal qualifications for the exercise of the medical profession in the Estonian, Latvian and/or Estonian regions is certified, or Lithuanian territory confers the same rights as the evidence of formal qualifications listed in Annexes 1 and 2 for Estonia, Latvia or Lithuania, and

3.

a certificate issued by the same authority is accompanied by the fact that the person concerned actually and lawfully the activities in question in Estonia for at least three years during the last five years prior to the date of issue of the certificate, Latvia or Lithuania.

Acquired rights-Slovenia and Croatia

§ 7. Medical training certificates issued by the former Yugoslavia must be recognised as a medical professional qualification in accordance with § 5 of the Medical Act 1998, provided that:

1.

they will complete an education that

a)

in the case of Slovenia, before 25 June 1991, and

b)

in the case of Croatia, before the 8. October 1991

has been started,

2.

it is certified by the competent Slovenian or Croatian authority that the evidence of formal qualifications for the exercise of the profession of medical profession in the territory of Slovenia or Croatia shall give the same rights as those in Annexes 1 and 2 for the purposes of Slovenia or Croatia provided evidence of formal qualifications and

3.

a certificate issued by the same authority is accompanied by the fact that the person concerned actually and lawfully the activities in question in Slovenia for at least three years during the last five years prior to the issue of the certificate or Croatia.

Special acquired rights of specialist doctors (specialists)-Spain

§ 8. As a medical professional qualification for obtaining a professional qualification as a specialist doctor (specialist), the specialist doctor's title issued in Spain by doctors (doctors) who completed their specialist training before 1 January 1995 is the subject of a professional medical qualification. , provided that such proof is accompanied by a certificate issued by the competent Spanish authority confirming that the person concerned has successfully completed the professional aptitude test within the framework of the professional aptitude test carried out in the Royal Decree 1497/99 adopted extraordinary regulatory measures in order to verify that the person in question has knowledge and skills comparable to those of doctors who have evidence of formal qualifications from the specialist (specialist) listed for Spain in the facility.

Special acquired rights of specialist doctors (specialists)-Italy

§ 9. As a medical professional qualification for obtaining a professional qualification as a specialist doctor (specialist), specialist medical qualifications awarded in Italy by doctors (doctors), which are their specialist training after 31 December 1983 and before 1 January, are awarded. In 1991, they have been accompanied by a certificate issued by the competent Italian authority, which shows that the person concerned has received at least seven documents during the last ten years prior to the date of issue of the certificate. For years, in fact and legally in Italy, the activities a specialist doctor (a specialist doctor) on the relevant specialist medical field.

Special acquired rights of physicians (doctors) for general medicine

§ 10. As a medical professional qualification for obtaining a professional qualification as a general practitioner (doctor for general medicine), medical evidence of formal qualifications, even if it is not the "evidence of formal qualifications for the general practitioner", is not the right to be granted. Doctor (the doctor) for general medicine ", if:

1.

the person concerned, in a Member State of the European Union or of any other Contracting Party to the EEA Agreement or of the Swiss Confederation, the right to pursue a medical profession as a general practitioner (doctor for general medical practice) (a general practitioner) or a practical doctor (a medical practitioner) under the social security system concerned, up to the date of the reference date referred to in Annex 3, and the person concerned up to the date specified in Appendix 3 Effective date in the territory of the Member State concerned, in accordance with the provisions of Articles 21 or 23 Directive 2005 /36/EC has been established and

2.

the competent authority has issued a certificate certifying that the person concerned has the right to pursue a medical profession as a general practitioner (general practitioner) or a medical practitioner (medical practitioner) within the framework of the the national social security system concerned.

Section 3

Remigration

Acquired rights-Further migration

§ 11. As a medical professional qualification according to § 5 of the Medical Act 1998, the former Soviet Union, the former Yugoslavia, the former Czechoslovakia or the former German Democratic Republic are the medical professionals. to recognise evidence of formal qualifications, if:

1.

they have been recognised in a Member State of the European Union or of any other party to the EEA Agreement or of the Swiss Confederation in accordance with the relevant provisions of Article 23 (2) to (5) of Directive 2005 /36/EC and

2.

is accompanied by a certificate attesting that the person concerned has been in a Member State of the European Union or of any other Contracting Party to the European Union for at least three years during the five years preceding the issue of the certificate. The EEA Agreement or the Swiss Confederation has in fact and lawfully exercised the activities in question.

Section 4

Override

§ 12. With the entry into force of this Regulation, the Federal Minister for Health and Women's Regulation shall enter into force on the medical and dental diplomas, certificates and other evidence of formal qualifications in the European Economic Area, and the Swiss Confederation (EEA Doctors-Dentists v 2004-EEA-ÄZV 2004), BGBl. II No 359/2004, except for force.

Oberhauser