Eu Patient Mobility Law Eu-Pmg

Original Language Title: EU-Patientenmobilitätsgesetz – EU-PMG

Read the untranslated law here: http://www.ris.bka.gv.at/Dokumente/BgblAuth/BGBLA_2014_I_32/BGBLA_2014_I_32.html

32. Federal law, with the Federal Act on Gesundheit Österreich GmbH, the social security Amendment Act, the General Social Insurance Act, the commercial law of social insurance, the farmers social insurance law, the officials-sick and accident insurance Act, the Federal law on hospitals and sanatoria, Pharmacy Law, the medical product law, the physician Act 1998, the music therapy Act, the psychotherapy Act, the psychologist with EEA law, the EEA psychotherapy Act, the psychologist Act 2013, the Kardiotechnikergesetz, medical assistant professions law, the medical Reflexologist and masseur Act, the paramedic Act , the dentist and the equalisation law be changed (EU patient mobility law-EU-PMG) 1967

The National Council has decided:

Table of contents article 1 amendment of the Federal Act on Gesundheit Österreich GmbH article 2 amendment to the social security supplement Act article 3 amendment of the General Social Security Act article 4 amendment of the commercial law on social insurance article 5 amendment to the farmers Social Insurance Act article 6 change of officials-sick and accident insurance law article 7 amendment of the Federal law on hospitals and sanatoria article 8 amendment of the pharmacy Act article 9 change the medical product law article 10 amending the medical Act 1998 article 11 amending the Act of music therapy article 12 amendment of the psychotherapy Act article 13 amendment to the EEA psychologist Act

Article 14 amendment of EEA psychotherapy Act article 15 amendment of the psychologist Act 2013 article 16 change of the Kardiotechnikergesetzes article 17 amendment of the Medical Assistant professions Act article 18 amending medical masseur - and healing massage therapist law article 19 amending the medical Act article 20 amendment to the dentist Act article 21 amendment of the equalisation Act 1967 article 1

Amendment of the Federal law on the Gesundheit Österreich GmbH

The Federal Act on Gesundheit Österreich GmbH - GÖGG, Federal Law Gazette I no. 132/2006, as last amended by Federal Law Gazette I no. 81/2013, is amended as follows:

1 in § 4 paragraph 2 the Word are at the end of the Z 5 "and" as well as the point at the end of the No. 6 respectively replaced by a comma and added following no. 7: "7 performance of the duties of the national contact point pursuant to article 6 of 2011/24/EU directive concerning the pursuit of patient rights in cross-border healthcare, OJ "No. L 88 of the Mar 21, 2011 S. 45."

2. pursuant to section 15a, the following paragraph is inserted 15B:

"National contact point for the cross-border health care

section 15 b. (1) the Gesundheit Österreich GmbH takes the tasks of the national contact point (§ 4 para. 2 No. 7) true about the public health portal.

(2) that provides point of contact quality standards applicable in particular information of over 1 national health service bar channels/health care providers, 2. and safety regulations as well as information about what health service bar channels/health care providers are subject to these standards as well as information concerning the accessibility of hospitals for persons with disabilities, 3 patients / patient rights including the possibility of their enforcement, 4. rights and interests of the insured in cross-border services in other Member States of the EEA, 5. the requirements of securities , which should be redeemed in another Member State, as well as 6 contact points in other Member States. On request are - as far as publicly accessible - information about the permissions of a specific service provider / a specific service provider provided for the provision of services, as well as information about activity limitations. The information must be easily accessible and, where necessary, electronically and in accessible formats.

(3) the contact point is the cooperation with the contact points of the other Member States of the EEA and the European Commission.

(4) without prejudice to any other information obligations, the Federal Ministry of health, the Federal Ministry for labour, Social Affairs and consumer protection, the social insurance institution have to provide the legal professional organisations, the health service bar trays/healthcare provider and the in-vitro fertilization Fund of point of contact the them available and required for the fulfilment of the tasks of the contact point information of general kind. As well, the contact point has to accept that data of of kind of General provided to you from the area of the countries (E.g. with regard to health care, and Patientenanwaltschaften).

(5) the implementation of the stated services is whether society as a wearer of appurtenant. The company assumes no liability for the completeness or continued availability of the content."

Article 2

Amendment to the social security supplement Act

The social security Amendment Act SV EC, Federal Law Gazette No. 154/1994, as last amended by Federal Law Gazette I no. 81/2013, is amended as follows:

1. According to § 7a, 7 the following section is inserted b:

"Refund policy 2011/24/EU for treatment in another Member State

§ If 7B. (1) the 2011/24/EU directive on the application of patient rights in cross-border healthcare, OJ by this paragraph Implemented no. L 88 of the Mar 21, 2011 S. 45.

(2) the terms mean for the application of this provision: 1. "policy" the "policy 2011/24/EU on the exercise of the rights of patients in cross-border health care";

2. "Eligible person" any person for Austria for the granting of authorisation for the use of benefits in kind provided under article 20 of the regulation outside their Member State of residence is responsible, or in cases where this regulation on the person in question is not applicable, a person who is entitled to benefits of the Austrian health insurance;

3. a "Foreign" State outside of Austria, to which the directive applies.

(3) without prejudice to the claims of the regulation or the §§ 131 and 150 ASVG, § § 85 and 98a GSVG, §§ 80 and 93 BSVG as well as § is the § 59 and 68a B KUVG that also for the implementation of the claims under the directive to be used are, a qualifying person is entitled to benefits of cross-border health care abroad in cases of paragraph 4 by way of special expenses according to para 6 avail , provided that entitlement to these benefits is also domestically.

(4) use of the following treatments abroad opened a claim on special expenses in the amount of the paragraph 6, unless the competent Austrian sickness insurance institution has granted pre-approval of the entitled person: 1. inpatient treatment;

2. outpatient treatment (hospital outpatient and outpatient clinics area), which require the use of highly specialised and cost-intensive medical infrastructure or medical equipment;

3. treatments associated with a particular risk for the patient, the patient or the population;

4. treatment provided by health service bar channels/health care providers, which might give rise of supply in some cases to serious and specific concerns about the quality or security, with the exception of health care, which is subject to European Union law on ensuring a minimum level of assurance and a minimum quality throughout the Union.

The obligation to obtain authorisation for this treatment does not apply in medical emergencies, where they demonstrably not or not timely can be obtained.

(5) after paragraph 4, pre-approval is granted if this treatment, taking into account the current state of health and the probable course of disease can not be provided within a medically acceptable period in the domestic and the qualifying person is entitled to this health benefit. This does not apply if 1 the patient / patient of according to clinical evaluation with sufficient certainty is exposed to unacceptable patient safety, or 2. the public with sufficient certainty is exposed to a significant security risk through the cross-border healthcare or 3. this treatment from a health service provider / provided by a healthcare provider, gives rise / the serious and specific concerns with regard to compliance with the quality standards and guidelines for the care and patient safety , including the provisions on monitoring, irrespective of the fact whether these standards and guidelines in laws, regulations and administrative provisions or by by the Member State of treatment furnished accreditation schemes are set.

More information is 4 and 5 to the paragraph in particular by the medical order according to the pattern ill order of the Confederation (article 456 par. 2 ASVG) set.


(6) the eligible person is entitled to reimbursement of those costs which the competent Austrian social insurance institutions at an appropriate treatment in Austria by means of European health insurance card within the framework of the regulation would have the competent foreign institution charged with the use of services in accordance with paragraph 4. The refund may not exceed the costs actually incurred in health care."

Article 3

Change of the General Social Security Act

The General Social Insurance - ASVG, Federal Law Gazette No. 189/1955, amended by Federal Law Gazette I no. 187/2013, is amended as follows:

1. According to § 3a, 3 the following section is inserted b together with the heading:

"Implementation of Union law

§ 3 b. By this federal law will be implemented: 1. Directive 89/105/EEC relating to the transparency of measures regulating the pricing of medicinal products for human use and their inclusion in the scope of national health insurance systems, OJ No. L 40 of the 11.02.1989 p. 8, 2. the Directive 2005/36/EC on the recognition of professional qualifications, OJ No L 255 of the 30.09.2005 p. 22, as last amended by Directive 2013/25/EC, OJ No. L 158 of the 10.06.2013 p. 368 and 3rd 2011/24/EU directive concerning the pursuit of patient rights in cross-border healthcare, OJ "No. L 88 of the Mar 21, 2011 S. 45."

2. in the section 31d, subsection 3, the expression "to provide" is replaced by the expression "to provide and operate, or to operate".

3. in the section 131, para 5, the expression is "article 36 para 2 of directive Directive 2005/36/EC on the recognition of professional qualifications, OJ" No. L 255 of the 30.9.2005 p. 22 ' is replaced by the expression "Article 29 of Directive 2005/36/EC".

4. in the section 343, paragraph 1, last sentence is the expression "article 36 para 2 of Directive 2005/36/EC on the recognition of professional qualifications" is replaced by the expression "Article 29 of Directive 2005/36/EC on the recognition" of professional qualifications.

5. in the section 367, paragraph 1, the expression is "or if" at the end of the Z 1 by a comma, followed by the period replaced "or" at the end of the No. 2 by the expression and added following no. 3: "3. it is requested performance from health insurance that a sound in accordance with § is a performance of cross-border health care, 7 b para 4 and 5 social security Amendment Act (SV EC)" ", Federal Law Gazette No. 154/1994, is subject to."

6 the following paragraph 3 is added to § the 680:

"(3) sections 53 b para 5 to 7 in the version of the 2nd social security Amendment Act 2013, BGBl. I are no. 139/2013, to pay sick days as a result of accidents which have occurred after July 30, 2013, to apply."

Article 4

Amendment of the commercial law on social insurance

The commercial law of social insurance - GSVG, BGBl. No. 560/1978, amended by Federal Law Gazette I no. 139/2013, is amended as follows:

1. According to § 1b is inserted the following § 1 c with header:

"Implementation of Union law

§ 1c. By this federal law will be implemented: 1. Directive 89/105/EEC relating to the transparency of measures regulating the pricing of medicinal products for human use and their inclusion in the scope of national health insurance systems, OJ No. L 40 of the 11.02.1989 p. 8, 2. the Directive 2005/36/EC on the recognition of professional qualifications, OJ No L 255 of the 30.09.2005 p. 22, as last amended by Directive 2013/25/EC, OJ No. L 158 of the 10.06.2013 p. 368 and 3rd 2011/24/EU directive concerning the pursuit of patient rights in cross-border healthcare, OJ "No. L 88 of the Mar 21, 2011 S. 45."

2. in the section 91, paragraph 1, the expression is "article 36 para 2 of Directive 93/16/EEC ' is replaced by the expression"Article 29 of Directive 2005/36/EC".

Article 5

Change of the farmers social insurance law

The farmers social insurance law – BSVG, Federal Law Gazette No. 559/1978, amended by Federal Law Gazette I no. 139/2013, is amended as follows:

1. According to § 1b is inserted the following § 1 c with header:

"Implementation of Union law

§ 1c. By this federal law will be implemented: 1. Directive 89/105/EEC relating to the transparency of measures regulating the pricing of medicinal products for human use and their inclusion in the scope of national health insurance systems, OJ No. L 40 of the 11.02.1989 p. 8, 2. the Directive 2005/36/EC on the recognition of professional qualifications, OJ No L 255 of the 30.09.2005 p. 22, as last amended by Directive 2013/25/EC, OJ No. L 158 of the 10.06.2013 p. 368 and 3rd 2011/24/EU directive concerning the pursuit of patient rights in cross-border healthcare, OJ "No. L 88 of the Mar 21, 2011 S. 45."

2 in § 88 par. 5 of the expression is "article 36 para 2 of Directive 93/16/EEC ' is replaced by the expression"Article 29 of Directive 2005/36/EC".

Article 6

Change of officers sick and accident insurance act

The officials-sick and accident insurance law - B-KUVG, Federal Law Gazette No. 200/1967, amended by Federal Law Gazette I no. 139/2013, is amended as follows:

1. in the section 20, paragraph 1, the expression "6.70%" is replaced by the expression "6.72%".

2. in the section 20, paragraph 1, the expression "6.72%" is replaced by the expression "7.05%".

3. § 20 para 1 in the version of the article I will be 52 No. 2 of the Federal Act Federal Law Gazette No. 35/2012 lifted.

4. in the section 22, paragraph 1, the expression '2.95% ' is replaced by the expression "2.97%".

5. in the section 22, paragraph 1, the expression "2.97%" is replaced by the expression "3.3%".

6 lifted § 22 para 1 in the version of the article I will be 52 No. 4 of the Federal Act Federal Law Gazette No. 35/2012.

7. in the section 59, subsection 4, the expression is "article 36 para 2 of Directive 93/16/EEC" with the expression "article 29 of Directive 2005/36/EC on the recognition of professional qualifications, OJ No L 255 of the 30.09.2005 p. 22, as last amended by Directive 2013/25/EC, OJ No. L 158 of the 10.06.2013 p. 368 "replaced.

8. after section 159f, the following paragraph is inserted 159 g together with heading:

"Implementation of Union law

section 159 g. By this federal law will be implemented: 1. Directive 89/105/EEC relating to the transparency of measures regulating the pricing of medicinal products for human use and their inclusion in the scope of national health insurance systems, OJ No. L 40 of the 11.02.1989 p. 8, 2. Directive 2005/36/EC as well as 3 2011/24/EU directive concerning the pursuit of patient rights in cross-border healthcare, OJ "No. L 88 of the Mar 21, 2011 S. 45."

9 § lifted 230 Nos. 2 and 3 in the version of the article I will be 52 No. 6 of the Federal Act Federal Law Gazette No. 35/2012.

10. after article 238, 239 the following section including headline is attached:

"Final provisions article 6 of the Federal Act Federal Law Gazette I no. 32/2014"

Section 239 (1) will it take effect: 1. retroactively with 1 January 2014 the § 20 para 1 as amended by the Z 1 and 22 paragraph 1 as amended by the No. 4 in the version of Federal Law Gazette I no. 32/2014;

2. by 1 January 2017 the § 20 para 1 as amended by the Z 2 and 22 para 1 as amended by the Z 5 as amended by Federal Law Gazette I no. 32/2014 and the according to § 675 section 3 ASVG by Ordinance of the Federal Minister of health set time override.

Step (2) articles 20 para 1 as amended by the Z 3, 22 para 1 as amended by the Z 6 and 230 Nos. 2 and 3 retroactively at the end of 31 December 2013 override."

Article 7

Amendment of the Federal law on hospitals and sanatoria

The Federal law on hospitals and sanatoria - KAKuG, Federal Law Gazette No. 1/1957, amended by the Federal Act Federal Law Gazette I no. 81/2013, is amended as follows:

1. (determination of principle of) in section 4, paragraph 2, the quote will be replaced "section 3" by the quote "§ 3a".

2. (principle of determination) according to section 5a paragraph 3 be attached following paragraph 4 and 5:

"(4) the carrier of hospitals are to commit, to provide clear pricing information to dogs unless they are predictable at the time of the recording and the services do not have the national health fund are settled or adopted by a domestic carrier of social security or health care.

(5) Pfleglinge are to inform 5 c on demand about the liability according to §."

3. (principle of determination) § 10 para 1 4 following fig. 4a is added to the Z: '4a.
Dogs to provide access to their medical history and against reimbursement of costs to enable the manufacture of copies;"

4. (principle provision) article 27a, paragraph 2 States:

"(2) the provincial legislature is authorized so far to increase, that the sum of all costs contributions is maximum 10 euros (base 2005) according to para 1 to 6 in 2005 the amount referred to in paragraph 1."

5. (principle of determination) according to article 29, paragraph 1 following paragraph 1a and paragraph 1B inserted:


"(1a) unless it is cases of peremptory, land legislation may provide by way of derogation from paragraph 1, that a recording can be rejected if by taking a hospital no longer could meet its supply mission after the country hospital plan for people residing in the Federal territory in a reasonable period of time.

(1B) the provincial legislature can determine that the State Government can provide, that for the allocation of benefits for persons, on the basis of 2011/24/EU directive concerning the pursuit of patient rights in cross-border healthcare, OJ No. L 88 of the Mar 21, 2011 S 45, will be recorded, used the corresponding regulations, which apply to persons, on the basis of Regulation (EC) No. 883/2004 on the coordination of social security schemes, OJ No. 166 of 30.04.2004 p. 1, as last amended by Regulation (EC) No. 517/2013, OJ No. L 158 of the 10.06.2013 S. 1, be added."

6. (principle of determination) according to § 39 para 2 the following paragraph 3 attaches:

"(3) it is to ensure that in any case provided the patient within the meaning of Directive 2011/24/EU invoice will be charged according to objective and non-discriminatory criteria."

7 (principle of determination) according to § 40 paragraph 2 the following paragraph 3 attaches:

"(3) the hospital has provided the services do not have the national health fund are settled or adopted by a domestic carrier of social security or health care for supplied power, to make a statement about this."

8. (determination of principle of) is section 42d.

9. after section 65 paragraph 4j is inserted the following paragraph 4 k:

"(4k) the provincial legislature has the regulations to section 4 paragraph 2, section 5a paragraph 4 and 5, article 10, paragraph 1 Z 4a, § 29 par. 1a and paragraph 1 b, § 39, paragraph 3, and § 40 paragraph 3 as amended by Federal Law Gazette I no. 32/2014 period of six months to adopt."

10. after section 65, b is inserted the following § 65 c together with the heading:

"Implementation of Union law

§ 65c. By this federal law the directive is implemented 2011/24/EU in Austrian law."

Article 8

Amendment of the pharmacy Act

The Pharmacy Law, RGBl. No. 5/1907, last amended by Federal Law Gazette I no. 80/2013, is amended as follows:

1. § 3c para 2 is as follows:

"(2) the Austrian Chamber of pharmacists has in annex V, point 5.6.2 of Directive 2005/36/EC of the European Parliament and of the Council of 7 September 2005 on the recognition of professional qualifications listed qualifications, OJ" No. L 255 of the 30.09.2005 p. 22 as amended by the Directive 2013/25/EC, OJ No. L 158 of the 10.6.2013 p. 368, which meet the minimum requirements for training according to article 44 of Directive 2005/36/EC, to acknowledge when the qualifications by the competent authorities of the Member States are issued and, if necessary, accompanied by the certificates listed in annex V, point 5.6.2 of Directive 2005/36/EC.'

1a. section 3c paragraph 11 is:

"(11) third-country nationals, 1 which on a residence permit in accordance with the settlement and residence Act (NAG), Federal Law Gazette I no. 100/2005, is connected with the right to exercise a self-employed or paid employment, have, or 2. the members of legitimate free movement of nationals of Contracting Parties of the EEA or the Swiss Confederation on a Union legal residence pursuant to §§ 54 or 54a establishment and residence Act (NAG) have, or 3 where the status of asylum beneficiaries in accordance with § 3 of the asylum Act 2005 (AsylG 2005)" , Federal Law Gazette I no. 100/2005, or a subsidiary protection beneficiaries in accordance with § 8 AsylG 2005 or a corresponding status has been awarded to after previous asylum provisions (beneficiaries in accordance with article 27 paragraph 3 Directive 2004/83/EC on minimum standards for the qualification and status of third-country nationals or stateless persons as refugees or as persons who otherwise need international protection, and the content of the protection to be granted to , OJ No. L 304 of 30 September 2004 p. 2, as amended by the amending OJ No L 204 of the 05.08.2005 S. 24), are assimilated to nationals of Contracting Parties of the EEA or the Swiss Confederation on the application of Directive 2005/36/EC. In the cases of the Z 1 a possible restriction of the professional qualifications to the pursuit of the profession in the context of a service relationship arises from the permission level of the residence permit."

2. section is labeled (13) 3 c para 12, 12 the following paragraph is inserted:

"(12) in the case of paragraph 11, no. 3 is from the obligation to present of all evidence to refrain if within a reasonable time by the applicant will be made credible, that the relevant evidence can not be taught."

3. According to article 4, the following section 4a and heading shall be inserted:

"Professional liability insurance

Section 4a. (1) the concession-holder leading a community pharmacy, tenant or Manager has to complete a professional liability insurance to cover the damages arising from the operation of the community pharmacy, and to maintain it for the duration of his personal leadership.

(2) referred to in paragraph 1, the following applies for insurance contracts: 1 must be the minimum insurance amount for each insured event 2 000 000 euro, 2. a limit of liability must be more than five times the minimum insurance sum per one year insurance period and 3. exclusion or a time limit of for liability of the insurer is not permitted.

(3) the injured third party can claim the compensation due to him within the framework of the relevant insurance contract against the insurer. The insurer and the indemnifiable person insured are liable as joint and several debtors.

(4) the concession holder, tenant or Manager is obliged to prove the existence of the requirements according to para 1 before the public pharmacy or prior to the personal direction of the Austrian Chamber of pharmacists.

(5) the insurer shall automatically and immediately to report any circumstance of the Austrian Chamber of pharmacists, which means a termination or limitation of the insurance coverage or a deviation from the original insurance certificate or may mean, and to provide information requested by the Austrian Chamber of pharmacists of such circumstances.

(6) the concession holder, tenant or Manager has the customers or the persons entitled to its legal representation on demand. information about completed professional indemnity insurance, to grant in particular the insurer"

3A. Article 45, paragraph 2 reads:

"(2) against decisions of the Austrian Chamber of pharmacists in the § 2a para 1 of the pharmacist Chamber law, 2001, Federal Law Gazette I no. 111, these tasks may be charged appeal to the Federal Administrative Court."

4. the heading before section 67a is as follows:

"Implementation of Union law"

5. According to § 67a Z 4 following Z are attached 5-10: "5. the directive 2009/50/EC on the conditions for the entry and residence of third-country nationals for the purpose of highly qualified employment, OJ" No. L 155 of June 18, 2009 p. 17, 6 2011/24/EU directive concerning the pursuit of patient rights in cross-border healthcare, OJ No. L 88 of the Mar 21, 2011 S. 45, 7 2011/95/CE directive on standards for the recognition of third-country nationals or stateless persons as beneficiaries of international protection, for a uniform status for refugees and persons eligible for subsidiary protection and the content of the protection granted, OJ No. L 337 of 12 p. 9, 8 the policy 2011/51/EC amending Directive 2003/109/EC to extend its scope to persons enjoying international protection, OJ No. L 132 of the 19.05.2011 S. 1, 9 to reside in the territory of a Member State the policy 2011/98/EC establishing a common procedure to apply for a combined permit for third-country nationals, and work, as well as on a common set of rights for third-party workers State, legally residing in a Member State, OJ No L 343 of 12 p. 1, 10 2013/25/EU directive adapting certain directives in the field of the right of establishment and the free movement of services as a result of the accession of the Republic of Croatia OJ "No. L 158 of the 10.06.2013 S. 368."

6. According to § 68a para 5 the following paragraph 6 is added:

"(6) licensees, tenant or manager who I 32/2014 a public pharmacy direct number at the time of entry into force of this federal law in the version of Federal Law Gazette, have to provide proof of professional liability insurance according to Article 4a, paragraph 1 at the latest until 30 June 2014."

Article 9

Amendment to the medical product law

The medical product law - MPG, BGBl. No. 657/1996, amended by Federal Law Gazette I no. 143/2009, is amended as follows:

1. paragraph 77 para 3:


"(3) the Federal Minister for health has further provisions relating to the prevention of harmful effects of medical product types or groups or for the protection of patients, users or third parties notwithstanding paragraph 1 regulation to enact, if this is necessary for reasons of health protection, medical product safety or in the interest of public health, and accordingly to inform the Commission and the other parties to the European economic area. The Federal Minister of health has by regulation necessary accompanying provisions, in particular establishing law enforcement responsibilities, to adopt with regard to relevant regulations of the European Union. further"

2. after section 100, 100a the following section shall be inserted:

"§ 100a. (1) a patient requires a prescription (prescription), to use them in another party of the agreement on the European economic area, this must at least contain: a) whose E-mail address and telephone or fax number with international prefix, b along with the name, as well as information on the professional qualifications and the prescribing physician or dentist, based) the name and date of birth of the person for which the medical device is intended , c) the name and, where appropriate, further details on the identity of the prescribed medicine product, d) the date of issue and e) signature or qualified electronic signature of the prescribing.

Also recipes that in other Contracting Parties of the agreement on the European economic area by one there to prescribe issued justified taking into account the specifications of paragraph 1 to the cross-border use and be presented in Austria to submit considered (2) in the sense of § 100 securities."

3. According to § 111 Z 19a is inserted following Z 19b: "19. b of Regulation (EU) No. 722/2012 of the Commission from 8 August 2012 special requirements concerning the directive 90/385/EEC and 93/42/EEC of the Council specified requirements to using contravenes of tissues of animal origin produced active implantable medical devices and medical devices," 4. In section 116a of no. 7, the final point is replaced by a semi-colon; following Nos. 8 and 9 are added: "8th directive 2011/24/EC of the European Parliament and of the Council of 9 March 2011 on patient rights in cross-border health care (OJ No. L 88 of April 4, 2011 S. 45);

9. implementing directive 2012/52/EC of the Commission of 20 December 2012 with measures to facilitate the recognition of medical prescriptions issued in another Member State (OJ (Nr. L 356 vondem 22.12.2012 S. 68). "

Article 10

Amending the medical act of 1998

The doctor Law 1998 - ÄrzteG 1998, Federal Law Gazette I no. 169/1998, as last amended by Federal Law Gazette I no. 81/2013, is amended as follows:

1 paragraph 3a and title:

"Implementation of Union law

section 3a. By this federal law are 1 the Directive 2005/36/EC on the recognition of professional qualifications, OJ No L 255 of the 30.09.2005 p. 22, as last amended by Directive 2013/25/EC, OJ No. L 158 of the 10.6.2013 p. 368, 2. the agreement between the European Community and its Member States, of the one part and the Swiss Confederation on the other, on the free movement of, OJ No. L 114 of 30.04.2002, S. 6, last amended by decision No 1 / 2012, OJ No L 103 of the 13.04.2012 p. 51, 3. Directive 2003/109/EC concerning the status of long-term resident third-country nationals, OJ No. L 16 of the ruhrcongress p. 44, 4. the Directive 2004/38/EC on the right of Union citizens and their family members in the territory of the Member States free to move and to stop amending Regulation (EEC) No 1612/68 and repealing directives 64/221/EEC, 68/360/EEC, 72/194/EEC, 73/148/EEC, 75/34/EEC, 75/35/EEC , 90/364/EEC and 93/96/EEC, OJ S. 77, where did right version, OJ No. L 158 of 30.04.2004 No. L 204 of the 04.08.2007 p. 28, as well as 5 the directive 2009/50/EC on the conditions for the entry and residence of third-country nationals for the purpose of highly qualified employment, OJ No. L 155 of the 18.6.2009 p. 17, 6 2011/24/EU directive concerning the pursuit of patient rights in cross-border healthcare, OJ No. L 88 of the astronomy S. 45, 7 2011/95/CE directive on standards for the recognition of third-country nationals or stateless person as a person eligible for international protection, for a uniform status for refugees and persons eligible for subsidiary protection and the content of the protection to be granted to , OJ No. L 337 of 12 p. 9, 8 the policy 2011/51/EC amending Directive 2003/109/EC to extend its scope to persons enjoying international protection, OJ No. L 132 of 5 p. 1, 9 the 2011/98/CE directive on a uniform procedure to apply for a combined permit for third-country nationals to reside in the Hoheitsgebiert of a Member State and to work, and on a common set of rights for third-party workers State, legally residing in a Member State, OJ No. L 343 of 12 S. 1, in Austrian law implemented."

2 the following paragraph 6 is added after paragraph 5 in section 4:

"(6) all evidence with regard to special needs persons pursuant to section 5 b Z 3 not possible is to refrain from the requirement to present if within a reasonable time by the applicant will be made credible, that the relevant evidence can not be taught, and provide access to the examination the doctor general practitioner or specialist examination for these people."

3. paragraph 5b together with the heading:

"Equal treatment of third-country nationals

§ 5 b. persons who are not nationals of an EEA Contracting State or the Swiss Confederation (third country nationals) and 1 with a residence permit in accordance with the settlement and residence Act (NAG), Federal Law Gazette I no. 100/2005, associated with the right to exercise a self-employed or paid employment, have, or 2 as members of legitimate free movement of nationals of EEA Contracting State or the Swiss Confederation on a Union legal residence pursuant to §§ 54 or 54a establishment and residence Act (NAG) , Federal Law Gazette I no. 100/2005, have, or 3 which the status of asylum beneficiaries pursuant to § 3 of the asylum Act 2005 (AsylG 2005), Federal Law Gazette I no. 100/2005, or a subsidiary protection beneficiaries in accordance with § 8 AsylG 2005 or a corresponding status has been awarded to previous asylum provisions (paragraph 3 beneficiaries Directive 2004/83/EC in accordance with article 27), are assimilated to nationals of EEA Contracting State or the Swiss Confederation on the application of Directive 2005/36/EC. In the cases of the Z 1 restricting any of the medical profession permission on the exercise of the medical profession in the context of a service relationship arises from the permission level of the residence permit."

4. § 29 par. 1 after Z 7 following Z 7a is inserted: '7a.
"any change of the property as being equal third-country nationals (§ 5 b);"

5. paragraph 30 subsection 1:

"Section 30 (1) the Austrian Medical Association has the competent authorities of the other within their area of effect EEA Contracting States and the Swiss Confederation on its request to the application of the Directive 2005/36/EC as well as directive 2011/24/EU information necessary in particular in the way the internal market information system (IMI) according to Regulation (EU) No. 1024/2012 over the administrative cooperation with the help of the internal market information system and repealing Decision 2008/49/EC ('IMI regulation')" , OJ No. L 316 of the 14.11.2012 S. 1, to give people the 1 in Austria in the list are registered or were administrative, administrative-penal or criminal justice measures or other serious, just some facts that could impact on the independent exercise of the medical profession, in particular on the existence of disciplinary, or 2. in Austria exercising the medical profession and in another EEA Contracting State or the Swiss Confederation to provide medical services ", on the legality of the exercise of the medical profession in Austria, as well as about the fact that there are no job-related measures in accordance with no. 1."

6. in paragraph 51, after paragraph 1, the following paragraph 1a is inserted:


"(1a) In the context of the obligation to supply information pursuant to paragraph 1 has the doctor of acquired for the advice or treatment or of her legal representative authorized person from an EU Member State in particular a clear price information about him to to provide tasks medical performance, if not a direct settlement with a domestic carrier of social security or health care." According to supplied medical service, the doctor has to issue an invoice. The doctor has to make sure that in any case the set will be charge patients in 2011/24/EU directive according to objective, non-discriminatory criteria."

7 the following paragraph 7 is added to § the 52d according to paragraph 6:

"(7) the insured and, if necessary, the Austrian Medical Association has the patient to provide information about the completed professional liability (para. 1-3), in particular the insurer, whose legal representative or his pension agent on demand."

8. in section 128a para 5 Z 1entfällt the phrase "and last".

Article 11

Amendment of the Act of music therapy

The law of music therapy - MuthG, Federal Law Gazette I no. 93/2008 is amended as follows:

1. in the table of contents, the word "Community" in the heading to section 3 is replaced by the word "Union law".

2. paragraph 3 together with heading:

"Implementation of Union law

§ 3. By this federal law are 1 the Directive 2005/36/EC by the 07.09.2005 on the recognition of professional qualifications, OJ No L 255 of the 30.09.2005 p. 22, as last amended by Directive 2013/25/EC, OJ No. L 158 of the 10.6.2013 p. 368, 2. the agreement between the European Community and its Member States, of the one part and the Swiss Confederation on the other, on the free movement of, OJ No. L 114 of 30.04.2002, S. 6, last amended by decision No 1 / 2012, OJ No L 103 of the 13.04.2012 p. 51, 3. Directive 2003/109/EC by the 25.11.2003 concerning the legal status of long-term resident third-country nationals, OJ No. L 16 of the ruhrcongress p. 44 and 4. Directive 2004/38/EC by the 29.04.2004 on the right of citizens of the Union and their family members, in the territory of the Member States free to move and to stop amending Regulation (EEC) No 1612/68 and repealing directives 64/221/EEC, 68/360/EEC, 72/194/EEC, 73/148/EEC, 75/34/EEC , 75/35/EEC, 90/364/EEC and 93/96/EEC, OJ S. 77, where did right version, OJ No. L 158 of 30.04.2004 No. L 229 of the 29.06.2004 p. 35, 5th 2011/24/EU directive concerning the pursuit of patient rights in cross-border healthcare, OJ No. L 88 of the astronomy S. 45, 6 2011/95/CE directive on standards for the recognition of third-country nationals or stateless person as a person eligible for international protection, for a uniform status for refugees and persons eligible for subsidiary protection and the content of the protection to be granted to , OJ No. L 337 of 12 p. 9, 7 2011/51/EC Directive amending Directive 2003/109/EC to extend its scope to persons enjoying international protection, OJ No. L 132 of 5 p. 1, 8 the 2011/98/CE directive on a uniform procedure to apply for a combined permit for third-country nationals to reside in the Hoheitsgebiert of a Member State and to work, and on a common set of rights for third-party workers State, legally residing in a Member State, OJ No. L 343 of 12 S. 1, in Austrian law implemented."

3. in article 13, para. 3 subpara 2 lit. a), § 14 para 3 chapeau, section 15 para 4 Z 1 and section 25 No. 2 is each "EEA State" the phrase "Member State of the EU or an other party of the EEA Agreement" replaced by.

4. in article 14, paragraph 1 trailer and para 3 chapeau as well as § 15 para 1 and 4 Z 2 each "EEA Contracting State" the phrase "Member State of the EU or an other party of the EEA Agreement" replaced by.

5. paragraph 14 paragraph 2:

"(2) persons who are not nationals of a Member State of the EU or an other party of the EEA or the Swiss Confederation are assimilated in relation to the application of the Directive 2005/36/EC nationals of a Member State of the EU or an other party of the EEA Agreement."

6. in article 15, paragraph 1, and article 25 introductory phrase is substituted the word "EEA Agreement" with the phrase 'Member States of the EU or an other party of the EEA Agreement', and in section 15 para 4 No. 2 is the phrase before the phrase "European economic area" "of the European Union or" inserted.

7. in article 16, the word order is before the phrase "the EEA" "the EU or" inserted.

8 7 the following paragraph is added after paragraph 6 section 18:

"(7) the Federal Minister (the Minister) for health has information on professionals who are registered in Austria in the music therapist list or were, in particular on the existence of criminal or administrative penal measures or other serious, just certain facts which could affect the exercise of the profession of music therapy on request of the competent authorities of other Member States of the EU or an other party of the EEA or the Swiss Confederation , according to the 2011/24/EU policy, in particular in the way the internal market information system (IMI) according to Regulation (EU) No. 1024/2012 through administrative cooperation with the internal market information system and repealing Decision 2008/49/EC ("IMI Regulation), OJ No. L 316 of the 14.11.2012 S. 1, to give."

9 paragraph 29:

"§ 29 (1) music therapist (music therapists) have clear information on 1 the planned treatment procedure, 2. the risks of treatment, 3. the alternatives of or to the music therapy as well as 4 the prices of them services to be provided, if not a direct settlement with a domestic carrier of social security or health care, to provide."

(2) after supplied music therapeutic performance music therapist (music therapists) have, if not a direct settlement with a domestic carrier of social security or health care, to make a statement about this. This Music Therapists (music therapists) have to ensure that the treated person within the meaning of Directive 2011/24/EU-based invoice in any case will be issued based on objective, non-discriminatory criteria."

10 the following paragraph 5 and 6 are added to section 4 the article 34:

"(5) the responsible person entitled Music Therapists (music therapists) have the patient, his legal representative or his pension agent or any person designated by the covered person as an information seeker, to provide information about the completed indemnity insurance (para. 1-3), in particular the insurer, on demand."

(6) the injured third party can claim the compensation due to him within the framework of the relevant insurance contract against the insurer. The insurer and the indemnifiable person insured liable severally."

Article 12

Amendment of the psychotherapy Act

The psychotherapy Act, Federal Law Gazette I no. 361/1990, as last amended by Federal Law Gazette I no. 98/2001, is amended as follows:

1. in the table of contents is following the line "§ 1... Professional transcription"following row is inserted:"Article 1a... Implementation of Union law"2. In the table of contents will be after the line "sections 14, 15, 16... Professional conduct of psychotherapists"following rows inserted:"article 16a... Documentation requirements section 16 b... Professional indemnity insurance"3. Pursuant to section 1, the following paragraph 1a and heading shall be inserted:

"Implementation of Union law

section 1a. By this federal law, 1 are no. L 88 of the astronomy 2011/24/EU directive concerning the pursuit of patient rights in cross-border healthcare, OJ p. 45, and 2. the 2011/95/CE directive on standards for the recognition of third-country nationals or stateless person as a person eligible for international protection, for a uniform status for refugees and persons eligible for subsidiary protection and the content of the protection to be granted to , OJ No. L 337 of 12 p. 9, in Austrian law implemented."

4. in article 12 the point at the end of the 5 Z is replaced by a semi-colon and following Z 6 is attached to Z 5: "6.

overseas education or training times by persons who are not nationals of an EEA Contracting State or the Swiss Confederation (third country nationals) and where the status of asylum beneficiaries pursuant to § 3 of the asylum Act 2005 (AsylG 2005), Federal Law Gazette I no. 100/2005, or a subsidiary protection beneficiaries in accordance with § 8 AsylG 2005 or a corresponding status has been awarded to after previous asylum provisions graduated from (beneficiaries in accordance with article 27 paragraph 3 Directive 2004/83/EC on minimum standards for the qualification and status of third-country nationals or stateless persons as refugees or as persons who otherwise need international protection, and about the content of the protection granted, OJ No. L 304 of 30 September 2004 p. 2, as amended by the amending OJ (Nr. L 204 vondem 05.08.2005 S. 24), even if they may submit any written evidence unless within a reasonable period by the person in question is made credible, that the evidence can not be taught. "

5. section 14 shall be inserted after paragraph 4, the following paragraph 4a:

"(4a) In the context of the obligation to supply information pursuant to paragraph 4 has the psychotherapist about the psychotherapeutic performance to be provided by him, if not a direct settlement with a domestic carrier of social security or health care, to provide a clear price information and to issue an invoice for the psychotherapeutic treatment." "The psychotherapist has to make sure that in each case the treated in terms of 2011/24/EU directive specified invoice after objective, non-discriminatory criteria will be issued."

6. According to section 16, following articles 16a and 16B and headings shall be inserted:

"Documentation requirements

section 16a. (1) the psychotherapist has records to lead of any psychotherapeutic action by him. Documentation has the following content, unless they object of treatment or for these have become important to include: 1 history of problems and any disease as well as the previous diagnoses and the previous history of the disease, 2. beginning, history and termination of psychotherapeutic services, 3. type and range of diagnostic services, advisory or treating forms of intervention and findings of any evaluation, 4. agreed fees and other additional agreements of the treatment contract , in particular with any legal representatives, 5th reconnaissance steps and proven information, 6 consultations of professionals or other health professions, 7 transmission of data and information to third parties, in particular to health insurance carriers, 8 to be completed any recommendations medical, was clinical psychological, health-psychological, or music therapy services or other clarifications, 9 inspections in the documentation, as well as 10 grounds of refusal of the inspection of the documentation.

(2) all information about the referred to in paragraph 1 are under special consideration on the therapeutic relationship upon request to allow guided documentation, as well as insight into the documentation or to allow the production of copies, insofar as they do not threaten the relationship of trust with the treated against reimbursement the treated or his legal representatives.

(3) the documentation is to be kept at least 10 years from completion of the psychotherapeutic services. The management and storage in suitable automation-supported form is allowed. The treated has the right to rectification of incorrect data. At termination of employment, documentation of outside of facilities formerly working professionals for which the retention period appropriate duration is to be kept.

(4) in the event of the death of psychotherapists working unprecedented outside of facilities heir or other successor in title, while respecting data protection documentation on psychotherapeutic services for a period corresponding to the obligation against cost reimbursement 1 shall one of the deceased professionals in a timely manner the Federal Ministry of health in writing named, outside an institution of working professionals who has consented in writing in these naming and obligations transfer , or 2. If these requirements are not available to deliver by the Federal Ministry of health to determine third party.

(5) persons referred to in paragraph 4 are entering the obligation to store the documentation and are subject to the obligation of secrecy (§ 15). At the request of the treated they have this person handed over to relevant documentation of this.

Professional indemnity insurance

§ 16 to conclude professional liability insurance with an insurer authorised to conduct business in Austria b. (1) which has a psychotherapist before recording his independent professional practice to cover the damages arising from the exercise of the profession and to maintain it for the duration of their professional qualifications.

(2) the following must be for the insurance contract: 1 the minimum insurance sum has to exceed one million euro for each case of insurance to cover the damages arising from the psychotherapeutic profession. A limit of liability must be at least three times the minimum insurance sum per one year insurance period, 2. the exclusion or a time limit of for liability of the insurer is not permitted.

(3) the injured third party can claim the compensation due to him within the framework of the relevant insurance contract against the insurer. The insurer and the indemnifiable person insured are liable as joint and several debtors.

(4) the insurer shall automatically and immediately to report any circumstance the Federal Minister of health, which means a termination or limitation of the insurance coverage or a deviation from the original insurance certificate or may mean, and to provide information at the request of the Federal Minister for health of such circumstances.

(5) the psychotherapist has to prove the existence of the professional indemnity insurance on request, the Federal Minister of health at any time.

"(6) the psychotherapist has the patient, his legal representative or his pension agent or any person designated by the covered person as an information seeker, to provide information about the completed professional liability (para. 1-3), in particular the insurer, on demand."

7 the following paragraph 3 is added after para. 2 article 19:

"(3) the Federal Minister of health has information on professionals who are registered in Austria in the psychotherapist list or were, in particular on the existence of criminal or administrative penal measures or other serious, just certain facts which could affect the independent practice of psychotherapy on request of the competent authorities of other Member States of the EU or an other party of the EEA or the Swiss Confederation , according to the 2011/24/EU policy, in particular in the way the internal market information system (IMI) according to Regulation (EU) No. 1024/2012 through administrative cooperation with the internal market information system and repealing Decision 2008/49/EC ("IMI Regulation), OJ No. L 316 of the 14.11.2012 S. 1, to give."

8. in article 23 is inserted after the phrase "of section 16," the phrase "of the section 16a,".

9. the article headings are eliminated. The text of the previous article II is article labeled "article 27" and the following paragraph 3 is added:

"(3) the conclusion of a professional liability insurance pursuant to section 16B has by professionals who are registered at the time of entry into force of this provision in the psychotherapist list, until no later than 31 December 2015 to be carried out."

Article 13

Amendment to the EEA psychologist Act

The EEA psychologist Act, Federal Law Gazette I no. 113/1999, as last amended by Federal Law Gazette I no. 95/2008 is amended as follows:

1. paragraph 1:

"Qualifications regulated § 1 (1) for the profession of clinical psychologists or of health psychologists issued a national of a Member State of the EU or an other party of the EEA or the Swiss Confederation by the competent authorities of a Member State of the EU or an other party of the EEA or the Swiss Confederation are according to the provisions of Directive 2005/36/EC on the recognition of professional qualifications , OJ No L 255 of the 30.09.2005 p. 22, as last amended by Directive 2013/25/EC, OJ No. L 158 of the 10.6.2013 to recognize p. 368, according to the rules of this Federal Act.

(2) persons who are not nationals of other Member States of the EU or an other party of the EEA or the Swiss Confederation (third country nationals) are within the scope of this federal law assimilated nationals of a Member State of the EU or an other party of the EEA Agreement."


2. in paragraph 2 sentence, the phrase "outside the European economic area" is replaced by the phrase "outside the European Union or an other party of the EEA Agreement".

3. in article 2 introductory phrase, article 2 Z 2, article 3, paragraph 1, and article 8, paragraph 1 is each "EEA Contracting State" by the phrase "Member State of the EU or an other party of the EEA Agreement" replaced.

4. in § 2 No. 1, § 3 para 2 sentence as well as introductory phrase article 8, para. 1 and 8 respectively "EEA State" the phrase "Member State of the EU or an other party of the EEA Agreement" replaced by.

5. in article 9, paragraph 1, the word order is before the phrase "the EEA" "the EU or" inserted and the phrase "the other Contracting Parties of the EEA Agreement" replaced by the phrase 'Member State of the EU or an other party of the EEA Agreement'.

6 paragraph 14:

"§ 14. By this federal law are 1 the Directive 2005/36/EC on the recognition of professional qualifications, OJ No L 255 of the 30.09.2005 p. 22, as last amended by Directive 2013/25/EC, OJ No. L 158 of the 10.6.2013 p. 368, 2. the agreement between the European Community and its Member States, of the one part and the Swiss Confederation on the other, on the free movement of, OJ No. L 114 of the 30.04.2002 p. 6, as last amended by decision No 1 / 2012, OJ No L 103 of the 13.04.2012 p. 51, 3. Directive 2003/109/EC concerning the status of long-term resident third-country nationals, OJ No. L 16 of the ruhrcongress p. 44, 4. the Directive 2004/38/EC on the right of Union citizens and their family members in the territory of the Member States free to move and to stop amending Regulation (EEC) No 1612/68 and repealing directives 64/221/EEC, 68/360/EEC, 72/194/EEC, 73/148/EEC, 75/34/EEC, 75/35/EEC , 90/364/EEC and 93/96/EEC, OJ No. L 158 of 30.04.2004 p. 77, as amended by corrigendum, OJ No. L 2004 the 04.08.2007 S. 28, 5. the policy 2011/51/EC amending Directive 2003/109/EC to extend its scope to persons enjoying international protection, OJ No. L 132 of 5 p. 1, 6 2011/98/CE directive on a uniform procedure to apply for a combined permit for third-country nationals to reside in the Hoheitsgebiert of a Member State and to work, and on a common set of rights for third-party workers State, legally residing in a Member State, OJ No. L 343 of 12 S. 1, in Austrian law implemented."

Article 14

Amendment to the EEA psychotherapy Act

The EEA psychotherapy Act, Federal Law Gazette I no. 114/1999, as last amended by Federal Law Gazette I no. 94/2008 is amended as follows:

1. paragraph 1:

"Qualifications for the regulated profession of psychotherapist, issued a national of a Member State of the EU or an other party of the EEA or the Swiss Confederation by the competent authorities of a Member State of the EU or an other party of the EEA or the Swiss Confederation are § 1 (1) according to the provisions of Directive 2005/36/EC on the recognition of professional qualifications, OJ No L 255 of the 30.09.2005 p. 22, as last amended by Directive 2013/25/EC, OJ No. L 158 of the 10.6.2013 to recognize p. 368, according to the rules of this Federal Act.

(2) persons who are not nationals of other Member States of the EU or an other party of the EEA or the Swiss Confederation (third country nationals) are within the scope of this federal law assimilated nationals of a Member State of the EU or an other party of the EEA Agreement."

2. in paragraph 2 sentence, the phrase "outside the European economic area" is replaced by the phrase "outside the European Union or an other party of the EEA Agreement".

3. in article 2 introductory phrase, article 2 Z 2, article 3, paragraph 1, and article 8, paragraph 1 is each "EEA Contracting State" by the phrase "Member State of the EU or an other party of the EEA Agreement" replaced.

4. in § 2 No. 1, § 3 para 2 sentence as well as introductory phrase article 8, para. 1 and 8 respectively "EEA State" the phrase "Member State of the EU or an other party of the EEA Agreement" replaced by.

5. in article 9, paragraph 1, the word order is before the phrase "the EEA" "the EU or" inserted and the phrase "the other Contracting Parties of the EEA Agreement" replaced by the phrase 'Member State of the EU or an other party of the EEA Agreement'.

6 paragraph 14:

"§ 14. By this federal law are 1 the Directive 2005/36/EC on the recognition of professional qualifications, OJ No L 255 of the 30.09.2005 p. 22, as last amended by Directive 2013/25/EC, OJ No. L 158 of the 10.6.2013 p. 368, 2. the agreement between the European Community and its Member States, of the one part and the Swiss Confederation on the other, on the free movement of, OJ No. L 114 of the 30.04.2002 p. 6, as last amended by decision No 1 / 2012, OJ No L 103 of the 13.04.2012 p. 51, 3. Directive 2003/109/EC concerning the status of long-term resident third-country nationals, OJ No. L 16 of the ruhrcongress p. 44, 4. the Directive 2004/38/EC on the right of Union citizens and their family members in the territory of the Member States free to move and to stop amending Regulation (EEC) No 1612/68 and repealing directives 64/221/EEC, 68/360/EEC, 72/194/EEC, 73/148/EEC, 75/34/EEC, 75/35/EEC , 90/364/EEC and 93/96/EEC, OJ No. L 158 of 30.04.2004 p. 77, as amended by corrigendum, OJ No. L 2004 the 04.08.2007 S. 28, 5. the policy 2011/51/EC amending Directive 2003/109/EC to extend its scope to persons enjoying international protection, OJ No. L 132 of 5 p. 1, 6 2011/98/CE directive on a uniform procedure to apply for a combined permit for third-country nationals to reside in the Hoheitsgebiert of a Member State and to work, and on a common set of rights for third-party workers State, legally residing in a Member State, OJ No. L 343 of 12 S. 1, in Austrian law implemented."

Article 15

Amendment of the psychologist Act 2013

The psychologist Act 2013, Federal Law Gazette I no. 182/2013, is amended as follows:

1. in article 13, paragraph 2, the phrase "Reserved the health psychologists and health psychologists scope of activities" is replaced by the phrase "Of the activities of health psychologists and health psychologists".

1a. in article 20 para 2 No. of 1 and 29 par. 2 Z 1 eliminates each word order "and 4".

1B. section 32 subsection 6 is as follows:

"(6) professionals have supplied power to issue an invoice, unless the performance is charged directly with a domestic carrier of social security or health care. Professionals have to ensure that in any case-based invoice that the patient (the patients) within the meaning of Directive 2011/24/EU will be issued according to objective and non-discriminatory criteria."

1 c. Article 34 is no. 3: "3. the prices of the services to be provided by them, if not a direct settlement with a domestic carrier of social security or health care, and a required data transfer related," 2. section 39 paragraph 4 the following paragraph 5 is added:

"(5) the injured third party can claim the compensation due to him within the framework of the relevant insurance contract against the insurer. The insurer and the indemnifiable person insured liable severally."

2A. in article 47, paragraph 2 the phrase is "the articles 13 para 2 and" replaced by the symbol "§".

3. in section 48, paragraph 7, the second movement is eliminated.

4. in article 49, paragraph 1 and 3 is the word "Psychologist law" by the phrase "psychologist Act, Federal Law Gazette No. 360/1990," replaced.

5. in § 49 para 2 and 4 is the word "Psychologist law" by the phrase "psychologist Act, Federal Law Gazette No. 360/1990" replaced.

6. in article 50, paragraph 2, the phrase "§ 6 para 5 and 6" by the phrase "section 6, para 6 and 7" will be replaced.

7 paragraph 50 para 5:

"(5) the Federal Act, Federal Law Gazette No. 360/1990, occurs as far as §§ 48 and 49 not otherwise determine, upon the expiry of 30 June 2014 override."

Article 16

Change of Kardiotechnikergesetzes

The Kardiotechnikergesetz - KTG, Federal Law Gazette I no. 96/1998, last amended by Federal Law Gazette I no. 57/2008 as well as the Federal Ministry of law amendment of 2009, Federal Law Gazette I no. 3/2009 is amended as follows:

1. in the table of contents is the line "§ 2a... Implementation of Community law"by the line"§ 2a... Implementation of Union law"replaced.

2. paragraph 1 paragraph 4:

"(4) by this federal law will be the 1st Pharmacy Law, RGBl. No. 5 / 1907, 2. doctor Law 1998 - ÄrzteG 1998, Federal Law Gazette I no. 169/1998, 3 health and nursing law - GuKG, Federal Law Gazette I no. 108/1997, 4th midwife law - HebG, Federal Law Gazette No. 310/1994, 5."

Medical Assistant professions-law - MABG, Federal Law Gazette I no. 89/2012, 6 medical masseur and massage therapist Act - MMHmG, Federal Law Gazette I no. 169/2002, 7 MTF-SHD-G, BGBl. No. 102/1961, 8 MTD Act, Federal Law Gazette No. 460/1992, 9 music therapy law - MuthG, Federal Law Gazette I no. 93/2008, 10 psychologist law 2013, Federal Law Gazette I no. 182/2013, 11 psychotherapy Act, Federal Law Gazette No. 361/1990, 12 paramedics law - SanG, BGBl. I no. 30/2002 ", 13 dentist law - ZÄG, Federal Law Gazette I no. 126/2005, not touched."

3. paragraph 2a along with heading:

"Implementation of Union law

§ 2a. By this federal law are 1 the Directive 2005/36/EC on the recognition of professional qualifications, OJ No L 255 of the 30.09.2005 p. 22, as last amended by Directive 2013/25/EC, OJ No. L 158 of the 10.6.2013 p. 368;

2. the agreement between the European Community and its Member States, of the one part and the Swiss Confederation on the other, on the free movement of, OJ No. L 114 of 30.04.2002, S. 6, last amended by decision No 1 / 2012, OJ No. L 103 of the 13.04.2012 p. 51;

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

in Austrian law implemented."

4. paragraph 11 paragraph 1:

"(1) the Federal Minister of health has those who issued a certificate of qualification in the comprise of an EEA State or the Swiss Confederation, who lit a diploma referred to in article 11. c, d, or e of Directive 2005/36/EC on the recognition of professional qualifications meets, to grant recognition comprise services on application."

5. in article 11, paragraph 2, the phrase "a national of an EEA Contracting State or the Swiss Confederation" is omitted.

6 paragraph 3 and 4 is § 11.

7. in article 11, par. 5, first sentence and paragraph 10, second sentence, the phrase "Admission to the profession" is replaced by the word "Recognition".

8 § 11 par. 9 Z 1 is: "1. a proof of nationality," 9 in section 11 paragraph 11 last sentence is the word "Approval" replaced by the word "Recognition process".

10 § 13 para 6 second sentence reads:

"In the context of nostrification, a relevant professional experience is taken into account, provided that it covers missing content."

11 § 13 ABS. 6 third movement is eliminated.

12 the following paragraph 7 is added to section 19:

"(7) the Federal Minister of health has the competent authorities of the other Contracting States of the EEA and the Swiss Confederation on the application 1 of Directive 2005/36/EC on the recognition of professional qualifications, as well as 2 2011/24/EU directive concerning the pursuit of patient rights in cross-border health care necessary information concerning perfusionists, that are registered in Austria in the Kardiotechnikerliste or were, in particular on the existence of criminal or administrative penal measures or other serious" ", to grant exactly certain issues which could affect the exercise of the profession as perfusionists, in particular in the way the internal market information system (IMI)."

Article 17

Amendment to the Medical Assistant professions act

Medical Assistant professions law - MABG, Federal Law Gazette I no. 89/2012, last amended by Federal Law Gazette I no. 80/2013, is amended as follows:

1. paragraph 3:

§ 3. By this federal law are "1 the Directive 2005/36/EC on the recognition of professional qualifications, OJ" No L 255 of the 30.09.2005 p. 22, as last amended by Directive 2013/25/EC, OJ No. L 158 of the 10.6.2013 p. 368;

2. the agreement between the European Community and its Member States, of the one part and the Swiss Confederation on the other, on the free movement of, OJ No. L 114 of the 30.04.2002 p. 6, as last amended by decision No 1 / 2012, OJ No. L 103 of the 13.04.2012 p. 51;

in Austrian law implemented."

1a. the section 4, paragraph 1 the following sentence is added: "In accordance with the medical order can 1 supervision be carried out by a / a family member/members of the upscale service for nursing or 2. arranged activities in individual cases to relatives of the disinfection Assistant sub-delegate the / the members of the upscale service for nursing and exercise supervision over its implementation."

2. paragraph 16 paragraph 1:

"(1) the Federal Minister for health has those who issued a certificate of qualification in a medical assistant profession by a Contracting State of the agreement on the European economic area (EEA State) or the Swiss Confederation, to grant the recognition in the appropriate medical assistant profession on request."

3. in article 16, paragraph 2, the phrase "a national of an EEA Contracting State or the Swiss Confederation" is omitted.

4. paragraph 3 is omitted § 16.

5. § 16 para 4 No. 1 is: "1. a proof of nationality," 6 in § 16 par. 5, second sentence, and paragraph 6, first sentence, is each the phrase "Admission to the profession" replaced by the word "Recognition".

7. in article 16, paragraph 10, the phrase "Admission to the profession" by the word "Recognition" and the word "Profession of admission" be replaced by the word 'Recognition decision'.

8. after section 35 the following article 35a is added:

'article 35a. (1) the Governor/Governor has people who successfully completed 1st ordination help seminars of the Center for family medicine of the Medical Association of Vienna before July 1, 2006 and 2nd in the last ten years prior to entry into force of this federal law lit at least 36 months easy assistance in medical activities within the framework of medical ordinations according to § 44. f, MTF-SHD-G have done to issue permission to exercise the ordination assistance on request.

(2) applications referred to in paragraph 1 are not later than 30 June 2015 at the / to introduce when the Governor/Governor.

(3) for persons referred to in paragraph 1 § 35 paragraph 6 shall apply."

9. According to section 35a, the following paragraph is inserted 35B:

"§ who has 35 b. (1) Governor/Governor people, before January 1, 2013 have successfully completed the a Sanitätsgrundausbildung or a more Sanitätsausbildung in the armed forces, to issue permission to carry out the disinfection Assistant, the surgery Assistant or the ordination of an Assistant on request, provided that the completed education training to the / to the disinfection agents /-in, operation Assistant /-in or ordination assistants /-in was essentially equivalent according to MTF-SHD-G."

(2) applications referred to in paragraph 1 are not later than 30 June 2015 at the / to introduce when the Governor/Governor.

(3) for persons referred to in paragraph 1 § 35 paragraph 6 shall apply."

10. in section 36, after paragraph 1, the following paragraph 1a is inserted:

"(1a) the same applies to persons who on the basis of § 35 may b to carry out the operation assistance and demonstrate an activity referred to in paragraph 1 No. 2."

11. in § 36 para 3 is after the expression "31 December 2014"the phrase,"with regard to persons referred to in paragraph 1a not later than 30 June 2015," added.

12. in article 41, paragraph 1 the expression "sections 4 to 11" by the expression "sections 5 to 11" is replaced No. 1."

Article 18

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

The medical Reflexologist and masseur Act - MMHmG, Federal Law Gazette I no. 169/2002, as last amended by Federal Law Gazette I no. 80/2013, is amended as follows:

1. in the table of contents is the line "§ 1a... Implementation of Community law"by the line"§ 1a... Implementation of Union law"replaced.

2. paragraph 1a and heading:

"Implementation of Union law

section 1a. By this federal law are 1 the Directive 2005/36/EC on the recognition of professional qualifications, OJ No L 255 of the 30.09.2005 p. 22, as last amended by Directive 2013/25/EC, OJ No. L 158 of the 10.6.2013 p. 368;

2. the agreement between the European Community and its Member States, of the one part and the Swiss Confederation on the other, on the free movement of, OJ No. L 114 of 30.04.2002, S. 6, last amended by decision No 1 / 2012, OJ No. L 103 of the 13.04.2012 p. 51;

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

in Austrian law implemented."

3. paragraph 10 section 1:

"(1) the Federal Minister of health has those who issued a certificate of qualification as a medical massage therapist of an EEA State or the Swiss Confederation, to grant recognition as a medical massage therapist on request."

4. in section 10, paragraph 2, the phrase "a national of an EEA Contracting State or the Swiss Confederation" is omitted.

5. paragraph 3 and 4 is omitted § 10.

6. in article 10, paragraph 5, first sentence and paragraph 10, second sentence, the phrase "Admission to the profession" is replaced by the word "Recognition".

7 § 10 par. 9 Z 1 is: "1. a proof of nationality," 8 in § 10 para 11 last sentence is the word "Approval" replaced by the word "Recognition process".

9 § 12 para 6 second sentence reads:


"In the context of nostrification, a relevant professional experience is taken into account, provided that it covers missing content."

10 § 12 ABS. 6 third movement is eliminated.

11. the text of article 33 receive the sales designation (1); following paragraph 2 and 3 shall be added:

"(2) within the framework of the freelance profession Therapeutic masseurs have patients acquired to treat or the persons entitled to their legal representation in particular about 1 the planned treatment procedure, 2. to inform the professional insurance cover the cost of the treatment to be provided by them and 3." This is to ensure that in any case provided the treated person in 2011/24/EU directive into account will be charged based on objective, non-discriminatory criteria. The determination of the cost of treatment is also to inform you which treatment costs are expected to be taken over by the equivalent domestic institution of social security or health care and which are of the affected patients.

(3) Therapeutic masseurs have, if performance resolves not directly related to a domestic carrier of social security or health care, to make a statement about this supplied power."

12 § 39 para 1 is as follows:

"(1) the Federal Minister for health has those who issued a certificate of qualification as a therapist of an EEA State or the Swiss Confederation, to grant recognition as a therapist on request."

13 paragraph 2 deleted § 39.

14. in article 39, paragraph 3, the expression is ", 3".

15 paragraph 40 paragraph 1:

"(1) the Federal Minister of health has those who issued a certificate of qualification for teaching in the medical massage from an EEA State or the Swiss Confederation, to grant permission to perform teaching tasks at the request. A recognition requires a professional qualifications as a therapist."

16 paragraph 2 deleted § 40.

17. in article 40, paragraph 3, the expression is ", 3".

18 § 42 paragraph 6, second sentence, is:

"In the context of nostrification, a relevant professional experience is taken into account, provided that it covers missing content."

19 § 42 paragraph 6 deleted third sentence.

20 paragraph 63 para 1:

"(1) the Federal Minister of health has persons who issued a certificate of qualification in the electrotherapy or the hydrotherapy and balneotherapy of an EEA State or the Swiss Confederation, 1 the special task to provide electrotherapy, or 2 the special task of hydro and balneotherapy on request permission to carry out. Precondition for recognition in accordance with Nos. 1 and 2 is a professional qualifications as a medical massage therapist or a therapist."

21 paragraph 2 deleted § 63.

22. in article 63, paragraph 3, the expression is omitted ", 3".

23 section 65 paragraph 6, second sentence, is:

"In the context of nostrification, a relevant professional experience is taken into account, provided that it covers missing content."

24 § 65 ABS 6 third movement is eliminated.

Article 19

Amending the medical act

The paramedic Act - SanG, Federal Law Gazette I no. 30/2002, amended by Federal Law Gazette I no. 80/2013 is amended as follows:

1. in the table of contents is the line "§ 2a... Implementation of Community law"by the line"§ 2a... Implementation of Union law"replaced.

2. paragraph 2a along with heading:

"Implementation of Union law

§ 2a. By this federal law are 1 the Directive 2005/36/EC on the recognition of professional qualifications, OJ No L 255 of the 30.09.2005 p. 22, as last amended by Directive 2013/25/EC, OJ No. L 158 of the 10.6.2013 p. 368;

2. the agreement between the European Community and its Member States, of the one part and the Swiss Confederation on the other, on the free movement of, OJ No. L 114 of the 30.04.2002 p. 6, as last amended by decision No 1 / 2012, OJ No. L 103 of the 13.04.2012 p. 51;

in Austrian law implemented."

3. paragraph 18 paragraph 1:

"(1) the Federal Minister for health has those who issued a certificate of qualification for the profession or activities as a medic from an EEA State or the Swiss Confederation, to grant recognition as a paramedic or emergency paramedics on request."

4. in article 18, paragraph 2, the phrase "a national of an EEA Contracting State or the Swiss Confederation" is omitted.

5. paragraph 3 and 4 is omitted § 18.

6. in article 18, paragraph 5, first sentence is replaced by the word "Recognition" the phrase "Authorisation to pursue the occupation or activities".

7 § 18 par. 9 Z 1 is: "1. a proof of nationality," 8 in § 18 paragraph 10, second sentence, is the phrase "Admission to the profession" replaced by the word 'Recognition'.

9. in article 18, paragraph 11, last sentence the word "Approval" is replaced by the word "Recognition process".

10 § 20 paragraph 6, second sentence, is:

"In the context of nostrification, a relevant professional experience is taken into account, provided that it covers missing content."

11 § 20 paragraph 6 deleted third sentence.

Article 20

Amendment to the dentist Act

The dentist Act - ZÄG, Federal Law Gazette I no. 126/2005, as last amended by Federal Law Gazette I no. 80/2013 is amended as follows:

1. paragraph 2:

„§ 2. By this federal law are 1 the Directive 2005/36/EC on the recognition of professional qualifications, OJ No L 255 of the 30.09.2005 p. 22, as last amended by Directive 2013/25/EC, OJ No. L 158 of the 10.6.2013 p. 368;

2. the agreement between the European Community and its Member States, of the one part and the Swiss Confederation on the other, on the free movement of, OJ No. L 114 of the 30.04.2002 p. 6, as last amended by decision No 1 / 2012, OJ No. L 103 of the 13.04.2012 p. 51;

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

in Austrian law implemented."

2. in article 9, paragraph 1, the phrase does not apply ", the a / a nationals of EEA Contracting State or the Swiss Confederation were issued,".

3. paragraph 2 is § 9.

3A. in article 13 paragraph 2 as well as the sales designation (1) are eliminated.

4. in article 18, paragraph 1, 5 is the word at the end of the Z 'and' replaced by a comma, the No. 6 the word "and" attached and inserted after Z 6 following no. 7: "7 the professional insurance protection" 5. Following sets are added to § 18 para 2:

"It is to ensure that in any case provided the patients in 2011/24/EU directive into account will be charged based on objective, non-discriminatory criteria. The members of the dental profession has, if the dental service resolves not directly related to a domestic carrier of social security or health care, to make a statement about this after of dental service."

6. after section 26, c para 6 the following paragraph 6a is inserted:

"(6a) / the insured and, if necessary, the Austrian Chamber of dentists have the / the patient or their legal representative on demand information about completed professional indemnity insurance, in particular of the insurer, to give."

6a. in Article 43a of the last sentence is omitted.

6B. In article 55, paragraph 4 is eliminated.

7 paragraph 78 para 1:

"(1) the Federal Minister/Minister for health has those who issued a certificate of qualification in the Dental Assistant from an EEA State or the Swiss Confederation, to grant the recognition in the Dental Assistant on request."

8. in article 78, paragraph 2, the phrase is "one / a nationals of EEA Contracting State or the Swiss Confederation".

9 paragraph 3 is § 78.

Article 21

Change in the equalisation Act 1967

The equalisation Act 1967, BGBl. No. 376, as last amended by Federal Law Gazette I no. 163/2013, is amended as follows:

1. in the section 39j para 6, the expression "in the year 2008" is replaced by the expression "as of the year 2008".

2 26 the following paragraph is added to in article 55:

"(26) § 39j para 6 as amended by Federal Law Gazette I no. 32/2014 with 24 may 2013 enter into force."

Fischer

Faymann