Eu Patient Mobility Law Eu-Pmg

Original Language Title: EU-Patientenmobilitätsgesetz – EU-PMG

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32. Federal Law, with which the Federal Act on Health of Austria GmbH, the Social Security Supplementary Act, the General Social Insurance Act, the Industrial Social Security Act, the Farmers-Social Insurance Act, the Civil and Accident Insurance Act, the Federal Act on hospitals and health care institutions, the law on pharmacies, the Medical Devices Act, the Medical Law 1998, the Law on Music Therapy, the Psychotherapy Act, the EEA Psychologists Act, the EEA Psychotherapy Act, the Psychologengesetz 2013, the Law on Cardiotechnics, the Medical Assistance Law, the Medical Mass And Health Insurance Act, the Sanitary Act, the Dental Act and the Family Law Balancing Act 1967 are amended (EU Patients Mobility Law- EU-PMG)

The National Council has decided:

table of contents

Article 1

Amendment of the Federal Act on Health Austria GmbH

Article 2

Amendment of the Social Security Supplementary Act

Article 3

Amendment of the General Social Insurance Act

Article 4

Amendment of the Industrial Social Insurance Act

Article 5

Amendment of the Farmers-Social Security Act

Article 6

Amendment of the Staff Regulations-Health and Accident Insurance Act

Article 7

Amendment of the Federal Act on hospitals and health care institutions

Article 8

Amendment of the pharmacy law

Article 9

Amendment of the Medical Devices Act

Article 10

Amendment of the Medical Act 1998

Article 11

Amendment of the Music Therapy Act

Article 12

Amendment of the Psychotherapy Act

Article 13

Amendment of the EEA Psychologists Act

Article 14

Amendment of the EEA Psychotherapist Act

Article 15

Amendment of the Psychologengesetz 2013

Article 16

Amendment of the Kardiotechnikergesetz

Article 17

Amendment of the Medical Assistants ' Law

Article 18

Amendment of the Medical Mass And Medicinal massacre law

Article 19

Amendment of the Sanitary Act

Article 20

Amendment of the Dentist Act

Article 21

Amendment of the Family Law Compensatory Act 1967

Article 1

Amendment of the Federal Act on Health Austria GmbH

The Federal Act on the Health of Austria GmbH-GÖGG, BGBl. I n ° 132/2006, as last amended by the Federal Law BGBl. I No 81/2013, shall be amended as follows:

1. In § 4 (2), at the end of Z 5, the word "and" and the point at the end of each Z 6 shall be replaced by a dash and the following Z 7 shall be added:

" 7.

Exercise of the tasks of the National Contact Point in accordance with Article 6 of Directive 2011 /24/EU on the exercise of patients ' rights in cross-border healthcare, OJ L 327, 28.11.2011, p. No. OJ L 88 of 04.04.2011 p. 45.

2. In accordance with § 15a, the following § 15b is inserted:

" National Contact Point for Cross-Border Healthcare

§ 15b. (1) Health Austria GmbH is responsible for the tasks of the national contact point (§ 4 paragraph 2 Z 7) on the public health portal.

(2) The contact point shall in particular provide information on:

1.

national health service providers,

2.

applicable quality standards and safety regulations, as well as information on which healthcare providers/healthcare providers are subject to these standards, as well as information on the accessibility of hospitals for persons with disabilities,

3.

patients '/patients' rights including the possibility of their enforcement,

4.

Rights and claims of insured persons in the case of cross-border services in other Member States of the EEA,

5.

the requirements for prescriptions to be redeemed in another Member State, and

6.

Contact points in other Member States

is available. On request, information on the authority of a concrete service provider/a concrete service provider for the provision of services as well as information on restrictions on activities will also be available on request. . The information must be easily accessible and, where necessary, be made available electronically and in accessible formats.

(3) The contact point shall be the responsibility of the cooperation with the contact points of the other Member States of the EEA and with the European Commission.

(4) Without prejudice to other information obligations, the Federal Ministry of Health, the Federal Ministry of Labour, Social Affairs and Consumer Protection, the Social Security Institutions, the legal professional representatives of the Health service providers and the in-vitro fertilisation fund of the contact point to provide the information available to them and necessary for the filling of the contact point of the contact point. The contact point also has to receive the data of a general kind provided to it in the area of the countries (e.g. with regard to hospital care and patient advocates).

(5) The implementation of the above services is the responsibility of the company as a carrier of private rights. The Company assumes no liability for the completeness or continuous availability of the contents. "

Article 2

Amendment of the Social Security Supplementary Act

The Social Security Supplementary Act-SV-EG, BGBl. No 154/1994, as last amended by the Federal Law BGBl. I No 81/2013, shall be amended as follows:

1. In accordance with § 7a the following § 7b is inserted:

" Reimbursement of expenses under Directive 2011 /24/EU in the case of treatment in another Member State

§ 7b. (1) This paragraph repeals Directive 2011 /24/EU on the exercise of patients ' rights in cross-border healthcare, OJ L 327, 28.11.2011, p. No. OJ L 88 of 04.04.2011 p. 45.

(2) For the purposes of applying this provision, the terms shall mean:

1.

"Policy"

the 'Directive 2011 /24/EU on the exercise of patients' rights in cross-border healthcare ';

2.

"Eligible Person"

any person for whom Austria is responsible for obtaining prior authorisation for the use of benefits in kind outside their Member State of residence in accordance with Article 20 of the Regulation, or in cases where this Regulation is applicable to: is not applicable, a person entitled to benefits from the Austrian sickness insurance scheme;

3.

"abroad"

a State outside Austria for which the Directive applies.

(3) Without prejudice to the claims for benefits under the Regulation or in accordance with § § 131 and 150 ASVG, § § 85 and 98a GSVG, § § 80 and 93 BSVG as well as § § 59 and 68a B-KUVG, which are also to be used for the implementation of the claims according to the directive, a eligible person shall have the right to claim benefits of cross-border healthcare abroad in the cases referred to in paragraph 4 by way of special reimbursement of expenses as referred to in paragraph 6, provided that the domestic claim is also entitled to such benefits Benefits.

(4) The use of the following treatment abroad shall open up a right to special reimbursement of expenses in the extent of paragraph 6, provided that the competent Austrian health insurance institution of the eligible person has a prior authorisation issued:

1.

stationary treatments;

2.

out-patient treatments (acute-bulky and established areas) requiring the use of highly specialised and cost-intensive medical infrastructure or medical equipment;

3.

treatments that are associated with a particular risk to the patient or to the population;

4.

Treatment provided by health service providers who may, in individual cases, give rise to serious and specific concerns about the quality or safety of the supply, with the exception of: Health care, which is subject to Union law on ensuring a minimum level of protection and a minimum quality throughout the Union.

The obligation to obtain prior authorisation for these treatments shall not be required in medical emergencies where it can be proven that it cannot be obtained or is not obtained in good time.

(5) A prior authorisation in accordance with paragraph 4 shall be granted if, taking into account the current state of health and the probable course of the disease, this treatment does not take place within a medically justifiable period of time in Germany and the person entitled to the claim is entitled to this health benefit. This shall not apply if:

1.

the patient is exposed to an unacceptable risk of patient safety, in accordance with clinical assessment, with adequate safety, or

2.

the public is exposed to a significant safety risk from cross-border healthcare, or

3.

this treatment is provided by a health service provider/healthcare provider who is serious and specific in terms of compliance with the quality standards and guidelines for the supply and the patient safety, including the provisions on supervision, whether these standards and guidelines are laid down by law, regulation or administrative action or by the Member State of treatment. Accreditation systems are established.

Further information on the provisions of Section 4 and 5 is determined in particular by the sickness regulations in accordance with the requirements of the Code Regulations of the Main Association (§ 456 para. 2 ASVG).

(6) The person entitled to the claim shall be entitled to reimbursement of the costs incurred by the competent Austrian social insurance institution in the case of an appropriate treatment in Austria by means of the provision of benefits in accordance with paragraph 4 of this Article. European health insurance card, under the Regulation, would have been charged to the competent foreign institution. The refund shall not exceed the amount of costs actually incurred by healthcare. "

Article 3

Amendment of the General Social Insurance Act

The General Social Security Act-ASVG, BGBl. No. 189/1955, as last amended by the Federal Law BGBl. I No 187/2013, shall be amended as follows:

1. In accordance with § 3a, the following § 3b together with the heading is inserted:

" Implementation of Union law

§ 3b. This federal law implements the following:

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 national health insurance systems, OJ L 327, 30.4.1989, p. No. OJ L 40, 11.02.1989 p. 8,

2.

Directive 2005 /36/EC on the recognition of professional qualifications, OJ L 327, 30.4.2005, p. No. 22, as last amended by Directive 2013 /25/EU, OJ L 255, 30.9.2013, p. No. OJ L 158, 10.06.2013 p. 368 and

3.

Directive 2011 /24/EU on the exercise of patients ' rights in cross-border healthcare, OJ L 206, 22.7.2011, p. No. OJ L 88 of 04.04.2011 p. 45.

2. In § 31d Para. 3, the expression "to be made available" by the expression "ready to be prepared and operated or operated" replaced.

(3) In § 131 (5), the term " " Article 36 (2) of the Directive 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 " by the expression "Article 29 of Directive 2005 /36/EC" replaced.

4. In § 343 (1) last sentence, the expression "Article 36 (2) of Directive 2005 /36/EC on the recognition of professional qualifications" by the expression "Article 29 of Directive 2005 /36/EC on the recognition of professional qualifications" replaced.

(5) In § 367 (1), the term " "or if" at the end of the Z 1 by a dash and the point at the end of the Z 2 by the expression "or" replaced and the following Z 3 added:

" 3.

the requested benefit from health insurance is an achievement of cross-border healthcare, which is subject to a prior authorisation requirement in accordance with § 7b (4) and (5) of the Social Security Supplementary Act (SV-EG), BGBl. No 154/1994. '

6. The following paragraph 3 is added to § 680:

" (3) § § 53b (5) to (7) in the version of the 2. Social Security Amendment Act 2013, BGBl. I n ° 139/2013, apply to pay-off days as a result of accidents which occurred after 30 July 2013. "

Article 4

Amendment of the Industrial Social Insurance Act

The Industrial Social Security Act-GSVG, BGBl. No 560/1978, as last amended by the Federal Law BGBl. I n ° 139/2013, shall be amended as follows:

1. In accordance with § 1b, the following § 1c and title shall be inserted:

" Implementation of Union law

§ 1c. This federal law implements the following:

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 national health insurance systems, OJ L 327, 30.4.1989, p. No. OJ L 40, 11.02.1989 p. 8,

2.

Directive 2005 /36/EC on the recognition of professional qualifications, OJ L 327, 30.4.2005, p. No. 22, as last amended by Directive 2013 /25/EU, OJ L 255, 30.9.2013, p. No. OJ L 158, 10.06.2013 p. 368 and

3.

Directive 2011 /24/EU on the exercise of patients ' rights in cross-border healthcare, OJ L 206, 22.7.2011, p. No. OJ L 88 of 04.04.2011 p. 45.

2. In § 91 (1), the term " "Article 36 (2) of Directive 93 /16/EEC" by the expression "Article 29 of Directive 2005 /36/EC" replaced.

Article 5

Amendment of the Farmers-Social Security Act

The Farmers-Social Security Act-BSVG, BGBl. N ° 559/1978, as last amended by the Federal Law BGBl. I n ° 139/2013, shall be amended as follows:

1. In accordance with § 1b, the following § 1c and title shall be inserted:

" Implementation of Union law

§ 1c. This federal law implements the following:

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 national health insurance systems, OJ L 327, 30.4.1989, p. No. OJ L 40, 11.02.1989 p. 8,

2.

Directive 2005 /36/EC on the recognition of professional qualifications, OJ L 327, 30.4.2005, p. No. 22, as last amended by Directive 2013 /25/EU, OJ L 255, 30.9.2013, p. No. OJ L 158, 10.06.2013 p. 368 and

3.

Directive 2011 /24/EU on the exercise of patients ' rights in cross-border healthcare, OJ L 206, 22.7.2011, p. No. OJ L 88 of 04.04.2011 p. 45.

2. In § 88 (5), the term " "Article 36 (2) of Directive 93 /16/EEC" by the expression "Article 29 of Directive 2005 /36/EC" replaced.

Article 6

Amendment of the Staff Regulations-Health and Accident Insurance Act

The Civil And Accident Insurance Act-B-KUVG, BGBl. No 200/1967, as last amended by the Federal Law BGBl. I n ° 139/2013, shall be amended as follows:

1. In § 20 (1), the term " "6.70%" by the expression "6.72%" replaced.

2. In § 20 (1) the expression "6.72%" by the expression "7.05%" replaced.

§ 20 (1) in the version of Art. 52 Z 2 of the Federal Law BGBl. I No 35/2012 is hereby repealed.

4. In § 22 (1), the expression "2.95%" by the expression "2.97%" replaced.

(5) In § 22 (1), the term " "2.97%" by the expression "3.3%" replaced.

6. § 22 (1) in the version of Art. 52 Z 4 of the Federal Law BGBl. I No 35/2012 is hereby repealed.

7. In § 59 (4), the expression "Article 36 (2) of Directive 93 /16/EEC" by the expression " Article 29 of Directive 2005 /36/EC on the recognition of professional qualifications, OJ L 327, 30.4.2005, p. No. 22, as last amended by Directive 2013 /25/EU, OJ L 255, 30.9.2013, p. No. OJ L 158, 10.06.2013 p. 368 " replaced.

8. In accordance with § 159f the following § 159g with headline is inserted:

" Implementation of Union law

§ 159g. This federal law implements the following:

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 national health insurance systems, OJ L 327, 30.4.1989, p. No. OJ L 40, 11.02.1989 p. 8,

2.

Directive 2005 /36/EC and

3.

Directive 2011 /24/EU on the exercise of patients ' rights in cross-border healthcare, OJ L 206, 22.7.2011, p. No. OJ L 88 of 04.04.2011 p. 45.

9. § 230 Z 2 and 3 in the version of Art. 52 Z 6 of the Federal Law BGBl. I No 35/2012 is hereby repealed.

10. In accordance with § 238, the following § 239 shall be added together with the heading:

" Final provisions on Art. 6 of the Federal Law BGBl. I No 32/2014

§ 239. (1) It shall enter into force:

1.

Retroactive with 1. Jänner 2014 § § 20 paragraph 1 in the version of the Z 1 and 22 para. 1 in the version of the Z 4 in the version of the Federal Law BGBl. I No 32/2014;

2.

with 1. Jänner 2017 § § 20 paragraph 1 in the version of the Z 2 and 22 para. 1 in the version of the Z 5 in the version of the Federal Law BGBl. I n ° 32/2014 and with the date established by the Federal Minister of Health pursuant to Section 675 (3) of the ASVG.

(2) § § 20 (1) in the version of the Z 3, 22 para. 1 in the version of the Z 6 and 230 Z 2 and 3 shall expire retroactively with expiry of the 31 December 2013. "

Article 7

Amendment of the Federal Act on hospitals and health care institutions

The federal law on hospitals and hospitals-KAKuG, BGBl. No. 1/1957, as last amended by the Federal Law BGBl. I No 81/2013, shall be amended as follows:

1. (Policy determination) In Section 4 (2), the quote shall be: "§ 3" by quoting "§ 3a" replaced.

2. (Policy determination) In accordance with Article 5a (3), the following paragraphs 4 and 5 are added:

" (4) The institutions of hospitals shall be obliged to make available clear pricing information, provided that they are foreseeable at the time of admission and that the benefits are not deducted from the State Health Fund, or be taken over by a domestic institution of social security or health care.

(5) Pfleglings must be informed of the liability insurance pursuant to § 5c. "

3. (Policy determination) Section 10 (1) shall be inserted after Z 4 following Z 4a:

" 4a.

To grant care in their medical history and to enable copies to be made against cost replacement; "

4. (Policy determination) Section 27a (2) reads as follows:

"(2) The national legislation is hereby authorized to increase the amount referred to in paragraph 1 from 2005 to such an extent that the sum of all costs contributions as per para. 1 to 6 amounts to a maximum of ten euros (basis 2005)."

5. (Policy determination) In accordance with Article 29 (1), the following subparagraphs (1a) and (1b) are inserted:

" (1a) In the absence of cases of non-refatability, the national legislation may, by way of derogation from paragraph 1, provide that a reception may be refused if, by the admission of a hospital, a hospital has been awarded a supply contract in accordance with the National health care plan for persons resident in the Federal Republic of Germany could no longer meet in a reasonable period of time.

(1b) The national legislation may stipulate that the Land Government may provide for the transfer of benefits for persons who are responsible for the exercise of patients ' rights in cross-border cases under Directive 2011 /24/EU. Health care, OJ C No. OJ L 88 of 04.04.2011 S 45, which are to be used for persons subject to the provisions of Regulation (EC) No 883/2004 on the coordination of social security systems, OJ L 88, 31.3.2004, p. 1, as last amended by Regulation (EU) No 517/2013, OJ L 136, 30.4.2004, p. No. OJ L 158, 10.06.2013 p. 1.

6. (Policy determination) In accordance with Article 39 (2), the following paragraph 3 is added:

"(3) It is necessary to ensure that, in any event, the costs charged to the pflegling within the meaning of Directive 2011 /24/EU are calculated on the basis of objective, non-discriminatory criteria."

7. (Policy determination) In accordance with Article 40 (2), the following paragraph 3 is added:

" (3) If the benefits are not deducted from the State Health Fund or taken over by a national institution of social security or health care, the sickness institution shall, in accordance with the performance of the sickness fund, take an account of the performance of the sickness fund. "

8. (Policy determination) § 42d is deleted.

9. According to Article 65, paragraph 4j, the following paragraph 4k is inserted:

" (4k) The federal state legislation has the implementing provisions of § 4 (2), § 5a (4) and 5, § 10 (1) (4a), § 29 (1a) and (1b), § 39 (3) and § 40 (3) in the version of the Federal Act BGBl. I No 32/2014 within six months. '

10. According to § 65b, the following § 65c and heading is inserted:

" Implementation of Union law

§ 65c. This federal law implements the Directive 2011 /24/EU in Austrian law. "

Article 8

Amendment of the pharmacy law

The pharmacy law, RGBl. No. 5/1907, as last amended by the Federal Act BGBl. I n ° 80/2013, shall be amended as follows:

1. § 3c (2) reads:

" (2) The Austrian Chamber of Pharmacists shall have the training qualifications referred to 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, OJ L 327, 30.12.2005, p. No. 22, as amended by Directive 2013 /25/EU, OJ L 255, 30.9.2013, p. No. 368, which satisfy the minimum training requirements laid down in Article 44 of Directive 2005 /36/EC, if the evidence of formal qualifications is issued by the competent authorities of the Member States and, if necessary, shall be accompanied by the certificates referred to in Annex V, point 5.6.2. of Directive 2005 /36/EC. "

1a. § 3c (11) reads as follows:

" (11) Third-country nationals,

1.

who have a residence permit in accordance with the German Law on the Law of the Netherlands (NAG), Federal Law Gazette (BGBl). I n ° 100/2005, which is linked to the right to pursue a self-employed or self-employed activity, or

2.

who are nationals of persons entitled to freedom of movement of the parties to the EEA Agreement or of the Swiss Confederation on a right of residence in accordance with § § 54 or 54a of the law governing the establishment of a residence and residence law (NAG), or

3.

the status of an asylum-seeker in accordance with § 3 of the Asylum Act 2005 (Asylum G 2005), BGBl. In accordance with Article 27 (3) of Directive 2004 /83/EC on minimum standards for the protection of human rights, pursuant to Article 27 (3) of Directive 2004 /83/EC, or of a subsidiary entitled to protection under Article 8 of the Asylum Act 2005, or a corresponding status under previous asylum legislation. the recognition 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 granted, OJ L 327, 30.4.2004, p. No. 2., as amended by the corrigendum OJ L 304, 30.9.2004, p. No. OJ L 204, 05.08.2005, p.24),

, nationals of Contracting Parties to the EEA Agreement or of the Swiss Confederation shall be treated in the same way as regards the application of Directive 2005 /36/EC. In the cases of Z 1, there is a possible restriction of the right to pursue the profession on the exercise of the profession within the scope of a service from the scope of the authorisation of the residence permit. "

Section 3c (12) shall be replaced by the name "(13)" , the following paragraph 12 is inserted:

"(12) In the case referred to in paragraph 11 (3), the obligation to submit all evidence shall be subject to the obligation of the applicant to establish that the evidence in question cannot be provided within a reasonable period of time."

3. In accordance with § 4, the following § 4a and title shall be inserted:

" Professional Indemnity Insurance

§ 4a. (1) The concession holder, tenant or manager of a public pharmacy shall, in order to cover claims for damages arising out of the operation of the public pharmacy, take out professional indemnity insurance and shall cover it during the period covered by the Duration of his personal management.

(2) For insurance contracts as referred to in paragraph 1, the following shall apply:

1.

The minimum amount of insurance for each insurance case must be EUR 2 000 000,

2.

a limit of liability shall not be less than five times the minimum amount of insurance per year of the insurance period, and

3.

the exclusion or a time limitation of the insurer's after-liability is inadmissible.

(3) The injured third party may also assert the claim for damages under the insurance contract in question against the insurer. The insurer and the insured person subject to the replacement shall be liable as the full debtor.

(4) The concession holder, tenant or manager shall be obliged to ensure that the conditions laid down in paragraph 1 are fulfilled before the public pharmacy or pharmacy is put into service. to prove before the personal management of the Austrian Pharmacists ' Chamber.

(5) The insurers shall be obliged to notify the Austrian Pharmacological Chamber unsolicly and without delay any circumstance that will result in an end or restriction of the insurance protection or a deviation from the original Insurance confirmation means or may mean, and at the request of the Austrian Pharmacists Chamber, to provide information on such circumstances.

(6) The concession holder, tenant or manager shall, on request, provide the customer or the persons authorized to their legal representation with information on the professional indemnity insurance completed, in particular the insurer. "

(3a) Section 45 (2) reads as follows:

" (2) Against the charges of the Austrian Pharmacists ' Chamber in the provisions of Section 2a (1) of the Pharmacerkammergesetz, 2001, BGBl. I n ° 111, the Federal Administrative Court may lodge a complaint. "

4. The headline before § 67a reads:

'Implementation of Union law'

5. According to § 67a Z 4, the following Z 5 to 10 are added:

" 5.

Directive 2009 /50/EC on the conditions of entry and residence of third-country nationals for the purposes of highly qualified employment, OJ L 327, 30.4.2009, p. No. OJ L 155, 18.06.2009 p. 17,

6.

Directive 2011 /24/EU on the exercise of patients ' rights in cross-border healthcare, OJ L 206, 22.7.2011, p. No. OJ L 88, 04.04.2011 p. 45,

7.

Directive 2011 /95/EU on standards for the recognition of third-country nationals or stateless persons as a person with the right to international protection, for a uniform status for refugees or for persons with a right to subsidiary protection and for the content of the protection granted, OJ C 327, 30.4.2004, No. OJ L 337, 20.12.2011 p. 9,

8.

Directive 2011 /51/EU amending Directive 2003 /109/EC to extend its scope to persons enjoying international protection OJ L 327, 22.11.2011, p. No. OJ L 132 of 19.05.2011 p.1,

9.

Directive 2011 /98/EU on a single application procedure for a single permit for third-country nationals to reside and work in the territory of a Member State and on a common set of rights for third-country nationals Third-country workers legally residing in a Member State No. OJ L 343, 23.12.2011 p. 1,

10.

Directive 2013 /25/EU on the adaptation of certain Directives in the field of the right of establishment and freedom to provide services by reason of the accession of the Republic of Croatia, OJ L 206, 22.7.2013. No. OJ L 158, 10.06.2013 p. 368.

6. According to Article 68a (5), the following paragraph 6 is added:

" (6) Concession-holders, leaseholders or directors who are at the time of the entry into force of this Federal Law in the version of the Federal Law BGBl. I n ° 32/2014 are to direct a public pharmacy to provide proof of professional indemnity insurance in accordance with § 4a (1) until 30 June 2014. "

Article 9

Amendment of the Medical Devices Act

The Medical Devices Act-MPG, BGBl. No. 657/1996, as last amended by the Federal Law BGBl. I n ° 143/2009, shall be amended as follows:

1. § 77 (3) reads:

" (3) The Federal Minister of Health shall, without prejudice to paragraph 1, lay down detailed provisions for the maintenance of harmful effects of species or groups of medicinal products or for the protection of patients, users or third parties by means of a regulation. , where this is necessary on the grounds of health protection, medical device safety or public health, and on this subject the Commission and the other Contracting Parties to the European Economic Area shall be informed accordingly. The Federal Minister of Health also has to adopt accompanying provisions required by the Regulation, in particular for the establishment of enforcement responsibilities, with regard to relevant regulations of the European Union. "

2. In accordance with § 100, the following § 100a is inserted:

" § 100a. (1) If a patient requires a prescription (prescription) to use it in another Contracting Party to the Agreement on the European Economic Area, it shall contain at least:

a)

the name and information on the professional qualification and place of work of the prescribing physician or dentist, including his e-mail address and telephone number or fax number with international pre-selection,

b)

the name and date of birth of the person for which the medical device is intended;

c)

the name and, where appropriate, further information on the identity of the medicinal product as prescribed,

d)

the date of issue and

e)

the signature or qualified electronic signature of the prescribing person.

(2) prescriptions within the meaning of § 100 shall also apply to prescriptions which, in other Contracting Parties to the Agreement on the European Economic Area, shall be deemed to be prescribable by a person entitled to prescribe, taking into account the information given in paragraph 1 of this Article. shall be issued and submitted for submission in Austria. "

3. According to § 111 Z 19a the following Z 19b is inserted:

" 19b.

Commission Regulation (EU) No 722/2012 of 8 August 2012 laying down specific requirements as regards the requirements of Directive 90 /385/EEC and/or 93 /42/EEC, the requirements for active implantable medical devices and medical devices produced using tissue of animal origin are not met, "

4. In § 116a Z 7, the final point shall be replaced by a stroke; the following Z 8 and 9 shall be added:

" 8.

Directive 2011 /24/EU of the European Parliament and of the Council of 9 March 2011 on the exercise of patients ' rights in cross-border healthcare (OJ L 327, 27.11.2011, p. No. OJ L 88 of 4 April 2011 p. 45);

9.

Commission Implementing Directive 2012/52/EU of 20 December 2012 laying down measures for the facilitation of the recognition of medical prescriptions issued in another Member State (OJ L 327, 28.12.2012, p. No. OJ L 356, 22.12.2012 p. 68).

Article 10

Amendment of the Medical Act 1998

The Doctors Act 1998-Physicians ' G 1998, BGBl. I n ° 169/1998, as last amended by the Federal Law BGBl. I No 81/2013, shall be amended as follows:

1. § 3a together with the headline is:

" Implementation of Union law

§ 3a. Through this federal law,

1.

Directive 2005 /36/EC on the recognition of professional qualifications, OJ L 327, 30.4.2005, p. No. 22, as last amended by Directive 2013 /25/EU, OJ L 255, 30.9.2013, p. No. OJ L 158, 10.6.2013 p. 368,

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. 6, as last amended by Decision No 1/2012, OJ L 327, 28.11.2012, p. No. OJ L 103, 13.04.2012 p. 51,

3.

Directive 2003 /109/EC on the legal status of third-country nationals who are long-term residents, OJ L 327, 31.12.2003, p. No. OJ L 16, 23.01.2004 p. 44,

4.

Directive 2004 /38/EC on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States, 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 L 206, 22.7.1992, p. No. OJ L 158 of 30.04.2004 p. 77, as amended, OJ L 327, 28.11.2004, p. No. OJ L 204, 04.08.2007 p. 28, and

5.

Directive 2009 /50/EC on the conditions of entry and residence of third-country nationals for the purposes of highly qualified employment, OJ L 327, 30.4.2009, p. No. OJ L 155, 18.6.2009, p. 17,

6.

Directive 2011 /24/EU on the exercise of patients ' rights in cross-border healthcare, OJ L 327, 27.11.2011, p. OJ L 88, 4.4.2011 p. 45,

7.

Directive 2011 /95/EU on standards for the recognition of third-country nationals or stateless persons as a person with the right to international protection, for a uniform status for refugees or for persons with a right to subsidiary protection and for the content of the protection granted, OJ C 327, 30.4.2004, No. OJ L 337, 20.12.2011 p. 9,

8.

Directive 2011 /51/EU amending Directive 2003 /109/EC to extend its scope to persons enjoying international protection OJ L 327, 22.11.2011, p. No. OJ L 132, 19.5.2011, p. 1,

9.

Directive 2011 /98/EU on a single application procedure for a single permit for third-country nationals to reside and work in the sovereignty of a Member State, and on a common set of rights for Third-country workers legally residing in a Member State No. OJ L 343, 23.12.2011 p. 1,

to be transposed into Austrian law. "

2. § 4 is added in accordance with paragraph 5 of the following paragraph 6:

" (6) If the submission of all evidence in respect of special needs by persons pursuant to § 5b Z 3 is not possible, the obligation to submit a presentation shall be subject to the submission of a credible submission by the applicant within a reasonable period of time, that the evidence in question cannot be taught and that such persons should be given access to the doctor's examination for general medical practice or for examination of the specialist doctor. "

§ 5b and headline are:

" Equality between third country nationals

§ 5b. Persons who are not nationals of an EEA Contracting State or of the Swiss Confederation (third-country nationals) and

1.

on a residence permit in accordance with the Law on the Law of the Netherlands (NAG), Federal Law Gazette (BGBl). I n ° 100/2005, which is linked to the right to pursue a self-employed or self-employed activity, or

2.

as nationals of persons entitled to freedom of movement of an EEA Contracting State or of the Swiss Confederation on a right of residence in accordance with § § 54 or 54a Niederlassungs-und Residence Act (NAG), Federal Law Gazette (BGBl). I No 100/2005, or

3.

the status of an asylum-seeker in accordance with § 3 of the Asylum Act 2005 (Asylum G 2005), BGBl. I n ° 100/2005, or by a subsidiary entitled under Article 8 of the Asylum Act 2005 or a corresponding status under previous asylum legislation (beneficiary pursuant to Article 27 (3) of Directive 2004 /83/EC),

are nationals of an EEA Contracting State or of the Swiss Confederation in the same way as regards the application of Directive 2005 /36/EC. In the cases of Z 1, there is a possible restriction of the medical professional entitlement to the exercise of the medical profession within the scope of a service relationship from the scope of the authorization of the residence permit. "

4. § 29 (1) is inserted after Z 7 the following Z 7a:

" 7a.

any change in the status of third-country nationals as equivalent (§ 5b); "

Section 30 (1) reads as follows:

" § 30. (1) The Austrian Medical Association, within its scope of action, has the competent authorities of the other EEA States Parties and the Swiss Confederation, at their request, for the application of Directive 2005 /36/EC and of the Directive 2011 /24/EU, in particular through the Internal Market Information System (IMI) under Regulation (EU) No 1024/2012 on administrative cooperation through the internal market information system and repealing the decision 2008 /49/EC of the Commission ("IMI Regulation") , OJ No. 1., on persons who are

1.

are, or have been, entered into the list of doctors in Austria, in particular the existence of disciplinary, administrative, administrative, criminal or judicial measures or other serious, accurate certain situations which might have an effect on the self-employed exercise of the medical profession, or

2.

in Austria, to pursue a medical profession and to provide medical services in another EEA Contracting State or in the Swiss Confederation, on the legality of the exercise of the medical profession in Austria, and on the fact that there are no job-related measures in accordance with Z 1. "

(6) In § 51, the following paragraph 1a is inserted:

" (1a) Within the framework of the obligation to provide information pursuant to paragraph 1, the physician of the person who has taken over or is authorised to represent his/her legal representation from an EU Member State shall, in particular, have clear price information on the person he/she is responsible for. to provide medical services provided that there is no direct settlement with a domestic institution of social security or health care. The doctor has to issue an invoice in accordance with the medical service provided. The doctor shall ensure that, in any case, the bill laid down for the patient within the meaning of Directive 2011 /24/EU is drawn up in accordance with objective, non-discriminatory criteria. "

7. § 52d is added in accordance with paragraph 6 of the following paragraph 7:

" (7) The insured person and, if necessary, the Austrian Medical Association shall inform the patient, his legal representative or his pension representative on request of the completed professional indemnity insurance (para. 1 to 3), in particular the insurer. "

8. In § 128a (5) (1) (1) the word order shall be deleted "and last" .

Article 11

Amendment of the Music Therapy Act

The Musiktherapiegesetz-MuthG, BGBl. I n ° 93/2008, is hereby amended as follows:

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

2. § 3 together with the title is:

" Implementation of Union law

§ 3. Through this federal law,

1.

Directive 2005 /36/EC of 7 September 2005 on the recognition of professional qualifications, OJ L 327, 22.12.2005, p. No. 22, as last amended by Directive 2013 /25/EU, OJ L 255, 30.9.2013, p. No. OJ L 158, 10.6.2013 p. 368,

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. 6, as last amended by Decision No 1/2012, OJ L 327, 28.11.2012, p. No. OJ L 103, 13.04.2012 p. 51,

3.

Directive 2003 /109/EC of 25 November 2003 on the legal status of third-country nationals who are long-term residents, OJ L 327, 22.12.2003, p. No. OJ L 16, 23.01.2004 p. 44 and

4.

Directive 2004 /38/EC of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States, amending Regulation (EEC) No 1612/68 and repealing the 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 L 206, 22.7.1990, p. No. OJ L 158 of 30.04.2004 p. 77, as amended, OJ L 327, 28.11.2004, p. No. OJ L 229, 29.06.2004 p. 35,

5.

Directive 2011 /24/EU on the exercise of patients ' rights in cross-border healthcare, OJ L 327, 27.11.2011, p. OJ L 88, 4.4.2011 p. 45,

6.

Directive 2011 /95/EU on standards for the recognition of third-country nationals or stateless persons as a person with the right to international protection, for a uniform status for refugees or for persons with a right to subsidiary protection and for the content of the protection granted, OJ C 327, 30.4.2004, No. OJ L 337, 20.12.2011 p. 9,

7.

Directive 2011 /51/EU amending Directive 2003 /109/EC to extend its scope to persons enjoying international protection OJ L 327, 22.11.2011, p. No. OJ L 132, 19.5.2011, p. 1,

8.

Directive 2011 /98/EU on a single application procedure for a single permit for third-country nationals to reside and work in the sovereignty of a Member State, and on a common set of rights for Third-country workers legally residing in a Member State No. OJ L 343, 23.12.2011 p. 1,

to be transposed into Austrian law. "

3. In § 13 para. 3 Z 2 lit. (a), § 14 (3) (3), § 15 (4) (1) and (25) (2) (2) shall be the word "EEA Contracting State" through the phrase "Member State of the EU or of any other Contracting Party to the EEA Agreement" replaced.

4. In § 14 para. 1 final part and para. 3 the introduction sentence as well as § 15 para. 1 and 4 Z 2, the word shall be "EEA Contracting State" through the phrase "Member State of the EU or of any other Contracting Party to the EEA Agreement" replaced.

Section 14 (2) reads as follows:

" (2) Persons who are not nationals of a Member State of the EU or of any other party to the EEA Agreement or of the Swiss Confederation are nationals of a Member State of the EU or of any other Member State of the European Union. Contracting Party to the EEA Agreement in respect of the application of Directive 2005 /36/EC. "

6. In § 15 para. 1 and § 25 the entry sentence shall be the word "EEA States Parties" through the phrase "Member States of the EU or of any other Contracting Party to the EEA Agreement" replaced and in § 15 para. 4 Z 2 shall be replaced before the word order "the European Economic Area" the phrase "the European Union or" inserted.

7. In § 16, before the word order "the EEA" the phrase "the EU or" inserted.

8. § 18 is added in accordance with section 6 of the following paragraph 7:

" (7) The Federal Minister (The Federal Minister) for Health has, at the request of the competent authorities of other Member States of the EU or of any other party to the EEA Agreement or of the Swiss Confederation, information relating to: Professionals who are or have been registered in the list of music therapists in Austria, in particular on the existence of criminal or administrative measures or other serious, precisely determined facts, which could have an impact on the professional practice of music therapy, in accordance with Directive 2011 /24/EU, in particular through the Internal Market Information System (IMI) in accordance with Regulation (EU) No 1024/2012 on administrative cooperation with the assistance of the internal market information system and repealing the Decision 2008 /49/EC of the Commission ("IMI Regulation") , OJ No. OJ L 316 of 14.11.2012 p. 1.

9. § 29 reads:

" § 29. (1) Music therapists (music therapists) have clear information about

1.

the planned course of treatment;

2.

the risks of treatment,

3.

the alternatives of for the treatment of music therapy and

4.

the prices of the services to be provided, provided that there is no direct settlement with a domestic institution of social security or health care,

to the public.

(2) After performing music therapy performance, music therapists (music therapists), unless a direct settlement with a domestic institution of social security or health care, has taken a bill on this , In so doing, music therapists (music therapists) must ensure that, in any case, the invoice submitted to the treated person within the meaning of Directive 2011 /24/EU is issued on the basis of objective, non-discriminatory criteria. "

10. § 34 shall be added in accordance with paragraph 4 of the following paragraphs 5 and 6:

" (5) The self-responsibility of professional music therapists (music therapists) shall have the patients, their legal representatives or their agents or persons who have been designated by the person treated as eligible for information were, on request, information about the insurance against civil liability insurance (para. 1 to 3), in particular the insurer.

(6) The injured third party may also assert the claim for damages under the insurance contract in question against the insurer. The insurer and the insured person shall be liable as a total debtor. "

Article 12

Amendment of the Psychotherapy Act

The Psychotherapy Law, BGBl. I No 361/1990, as last amended by the Federal Law BGBl. I n ° 98/2001, shall be amended as follows:

1. In the table of contents, after the line " § 1 ... Rewriting " the following line is inserted:

" § 1a

... implementation of Union law "

2. In the table of contents, after the line " § § 14, 15, 16 ... Professional duties of psychotherapist " the following lines are inserted:

" § 16a

... Documentation Light

§ 16b

... professional indemnity insurance "

3. In accordance with § 1, the following § 1a and title shall be inserted:

" Implementation of Union law

§ 1a. Through this federal law,

1.

Directive 2011 /24/EU on the exercise of patients ' rights in cross-border healthcare, OJ L 327, 27.11.2011, p. OJ L 88, 4.4.2011 p. 45, and

2.

Directive 2011 /95/EU on standards for the recognition of third-country nationals or stateless persons as a person with the right to international protection, for a uniform status for refugees or for persons with a right to subsidiary protection and for the content of the protection granted, OJ C 327, 30.4.2004, No. OJ L 337, 20.12.2011 p. 9,

to be transposed into Austrian law. "

4. In § 12, at the end of Z 5 the point is replaced by a stroke point and after Z 5 the following Z 6 is added:

" 6.

-or further training periods completed abroad by persons who are not nationals of an EEA Contracting State or of the Swiss Confederation (third-country nationals) and those who are entitled to the status of an asylum seeker in accordance with § 3 of the Asylum Act 2005 (Asylum G 2005), BGBl. In accordance with Article 27 (3) of Directive 2004 /83/EC on minimum standards for the protection of human rights, pursuant to Article 27 (3) of Directive 2004 /83/EC, or of a subsidiary entitled to protection under Article 8 of the Asylum Act 2005, or a corresponding status under previous asylum legislation. the recognition 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 granted, OJ L 327, 30.4.2004, p. No. 2., as amended by the corrigendum OJ L 304, 30.9.2004, p. No. 24), even if they cannot submit any written evidence, provided that the person concerned credibly states that the evidence cannot be provided within a reasonable period of time. "

5. § 14 is inserted in accordance with Section 4 of the following paragraph 4a:

" (4a) Within the framework of the obligation to provide information pursuant to paragraph 4, the psychotherapist shall have the psychotherapeutic benefit to be provided by him, unless a direct settlement with a domestic institution of the social security or the health care system is provided. , to provide clear pricing information and to issue a bill after a psychotherapeutic treatment has taken place. The psychotherapist shall ensure that, in any event, the account laid down for the treatment within the meaning of Directive 2011 /24/EU is issued on the basis of objective, non-discriminatory criteria. "

6. According to § 16, the following § § 16a and 16b shall be inserted together with the headings:

" Documentation Light

§ 16a. (1) The psychotherapist shall keep records of any psychotherapeutic measure he has set. The documentation shall include, in particular, the following contents, provided that they have become the subject of the treatment or have become important to them:

1.

the history of the problem and the disease, as well as the previous diagnoses and the course of the disease so far,

2.

the beginning, course and termination of psychotherapeutic services,

3.

the nature and extent of diagnostic services, advisory or treating forms of assistance, and the results of any evaluation,

4.

the agreed fee and other other agreements resulting from the treatment contract, in particular with any legal representatives,

5.

-reconnations and demonstrable information,

6.

consultation of professionals or other health professionals,

7.

Transmission of data and information to third parties, in particular to health insurance institutions,

8.

any recommendations on supplementary medical, clinical-psychological, health-psychological or music-therapy services or other clarifications,

9.

Inspection of the documentation and

10.

Justification of the refusals of inspection in the documentation.

(2) With special consideration to the therapeutic relationship, the treatment person or his/her legal representative shall, upon request, provide all information concerning the documentation guided pursuant to paragraph 1 as well as access to the documentation or against any other information. To enable the production of copies, in so far as these do not endanger the relationship of trust with the treatment.

(3) The documentation shall be kept for at least ten years from the end of the psychotherapeutic services. The guidance and storage in a suitable automation-assisted form is permissible. The treated person has the right to correct inaccurate data. In the event of an occupational activity being extinguissed, the documentation must be kept for the duration of the retention obligation by professionals who have not been employed by such institutions.

(4) In the event of the death of psychotherapists who are not involved in any of the institutions, the heir or other legal successor is obliged, while respecting the data protection, to provide documentation on psychotherapeutic services for those of the Period of time to be held against the costs of such costs

1.

a person appointed by the deceased professional in a timely manner to the Federal Ministry of Health in writing, outside a body, who has given his written consent to this appointment and must have been accepted; or

2.

if these requirements are not available, third parties to be determined by the Federal Ministry of Health

shall be transmitted.

(5) Persons in accordance with paragraph 4 enter into the obligation to keep the documentation and are subject to the obligation to maintain confidentiality (§ 15). At the request of the person concerned, they shall issue the documentation relating to the person concerned.

Professional indemnity insurance

§ 16b. (1) Before taking up his self-employed profession, the psychotherapist has to provide professional indemnity insurance with a person entitled to business in Austria to cover the claims for compensation arising from the exercise of the profession. to be able to complete and maintain them during the period of their professional qualification.

(2) For the insurance contract, the following shall apply:

1.

the minimum amount of insurance shall be EUR 1 million for each insurance case to cover the claims for damages arising from the psychotherapeutic exercise of the profession. A limit of liability shall not be less than three times the minimum amount of insurance per one year of insurance,

2.

the exclusion or a time limitation of the insurer's after-liability is inadmissible.

(3) The injured third party may also assert the claim for damages under the insurance contract in question against the insurer. The insurer and the insured person subject to the replacement shall be liable as the full debtor.

(4) The insurers are obligated to report to the Federal Minister of Health unsolicly and promptly any circumstance that would result in an end or restriction of the insurance protection or a deviation from the original Insurance confirmation means or may mean, and at the request of the Federal Minister of Health, to provide information on such circumstances.

(5) The psychotherapist has to prove to the Federal Minister of Health the stock of professional indemnity insurance at his request at any time.

(6) The psychotherapist shall, upon request, inform the patient, his legal representative or his preventive representative or persons who have been designated by the treated person as having the right to obtain information on the completed Professional indemnity insurance (par. 1 to 3), in particular the insurer. "

7. § 19 is added in accordance with section 2 of the following paragraph 3:

" (3) The Federal Minister of Health, at the request of the competent authorities of other Member States of the EU or of any other party to the EEA Agreement or of the Swiss Confederation, shall have information concerning professionals who: have been or have been included in the psychotherapist list in Austria, in particular on the existence of criminal or administrative measures or other serious, precisely determined situations, which are based on the the self-employed exercise of psychotherapy may, according to the Directive 2011 /24/EU, in particular through the Internal Market Information System (IMI) pursuant to Regulation (EU) No 1024/2012 on Administrative Cooperation with the Internal Market Information System and repealing Decision 2008 /49/EC of the Commission ("IMI Regulation") , OJ No. OJ L 316 of 14.11.2012 p. 1.

8. § 23 shall be followed by the phrase "§ 16," the phrase "§ 16a," inserted.

9. The article headings are deleted. The text of the previous Article II shall be replaced by paragraph "§ 27." and the following paragraph 3 is added:

"(3) The conclusion of professional indemnity insurance in accordance with § 16b shall be effected by professionals who are registered in the Psychotherapist List at the time of entry into force of this provision until 31 December 2015."

Article 13

Amendment of the EEA Psychologists Act

The EEA Psychologists Act, BGBl. I n ° 113/1999, as last amended by the Federal Law BGBl. I n ° 95/2008, is amended as follows:

1. § 1 reads:

" § 1. (1) Qualification evidence of the regulated profession of clinical psychologist or health psychologist who is a national of a Member State of the EU or of any other party to the EEA Agreement or to the Swiss The Swiss Confederation shall be issued by the competent authorities of a Member State of the EU or of any other party to the EEA Agreement or of the Swiss Confederation, in accordance with the provisions of Directive 2005 /36/EC on the Recognition of professional qualifications, OJ No. 22, as last amended by Directive 2013 /25/EU, OJ L 255, 30.9.2013, p. No. OJ L 158, 10.6.2013 p. 368, to be recognised in accordance with the rules of this Federal Law.

(2) Persons who are not nationals of other Member States of the EU or of any other party to the EEA Agreement or of the Swiss Confederation (third-country nationals) are nationals of a Member State of the EU or any other Contracting Party to the EEA Agreement in the field of application of this Federal Law. "

2. In § 2, the phrase shall be the order of the word "outside the European Economic Area" replaced by the phrase "outside the European Union or any other Contracting Party to the EEA Agreement" .

3. In § 2 introduction sentence, § 2 Z 2, § 3 para. 1 and § 8 para. 1, the word shall be given in each case "EEA Contracting State" through the phrase "Member State of the EU or of any other Contracting Party to the EEA Agreement" replaced.

4. In § 2 Z 1, § 3 para. 2 introduction sentence as well as § 8 para. 1 and 8 one-line sentence, the word shall be "EEA Contracting State" through the phrase "Member State of the EU or of any other Contracting Party to the EEA Agreement" replaced.

5. In § 9 (1), before the word order "the EEA" the phrase "the EU or" inserted and the phrase "the other Contracting Parties to the EEA Agreement" through the phrase "Member State of the EU or of any other Contracting Party to the EEA Agreement" replaced.

6. § 14 reads:

" § 14. Through this federal law,

1.

Directive 2005 /36/EC on the recognition of professional qualifications, OJ L 327, 30.4.2005, p. No. 22, as last amended by Directive 2013 /25/EU, OJ L 255, 30.9.2013, p. No. OJ L 158, 10.6.2013 p. 368,

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,

3.

Directive 2003 /109/EC on the legal status of third-country nationals who are long-term residents, OJ L 327, 31.12.2003, p. No. OJ L 16, 23.01.2004 p. 44,

4.

Directive 2004 /38/EC on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States, 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 L 206, 22.7.1992, p. No. OJ L 158, 30.4.2004, p. 77, as amended by the corrigendum, OJ L 327, 30.4.2004, No. L 2004, 04.08.2007 p. 28,

5.

Directive 2011 /51/EU amending Directive 2003 /109/EC to extend its scope to persons enjoying international protection OJ L 327, 22.11.2011, p. No. OJ L 132, 19.5.2011, p. 1,

6.

Directive 2011 /98/EU on a single application procedure for a single permit for third-country nationals to reside and work in the sovereignty of a Member State, and on a common set of rights for Third-country workers legally residing in a Member State No. OJ L 343, 23.12.2011 p. 1,

to be transposed into Austrian law. "

Article 14

Amendment of the EEA Psychotherapist Act

The EEA Psychotherapy Act, BGBl. I n ° 114/1999, as last amended by the Federal Law BGBl. I n ° 94/2008, shall be amended as follows:

1. § 1 reads:

" § 1. (1) Qualifications for the regulated profession of psychotherapist who is a national of a Member State of the EU or of any other Contracting Party to the EEA Agreement or of the Swiss Confederation from the competent authorities. Authorities of a Member State of the EU or of any other party to the EEA Agreement or of the Swiss Confederation have been issued in accordance with the provisions of Directive 2005 /36/EC on the recognition of professional qualifications, 1. No. 22, as last amended by Directive 2013 /25/EU, OJ L 255, 30.9.2013, p. No. OJ L 158, 10.6.2013 p. 368, to be recognised in accordance with the rules of this Federal Law.

(2) Persons who are not nationals of other Member States of the EU or of any other party to the EEA Agreement or of the Swiss Confederation (third-country nationals) are nationals of a Member State of the EU or any other Contracting Party to the EEA Agreement in the field of application of this Federal Law. "

2. In § 2, the phrase shall be the order of the word "outside the European Economic Area" through the phrase "outside the European Union or any other Contracting Party to the EEA Agreement" replaced.

3. In § 2 introduction sentence, § 2 Z 2, § 3 para. 1 and § 8 para. 1, the word shall be given in each case "EEA Contracting State" through the phrase "Member State of the EU or of any other Contracting Party to the EEA Agreement" replaced.

4. In § 2 Z 1, § 3 para. 2 introduction sentence as well as § 8 para. 1 and 8 one-line sentence, the word shall be "EEA Contracting State" through the phrase "Member State of the EU or of any other Contracting Party to the EEA Agreement" replaced.

5. In § 9 (1), before the word order "the EEA" the phrase "the EU or" inserted and the phrase "the other Contracting Parties to the EEA Agreement" through the phrase "Member State of the EU or of any other Contracting Party to the EEA Agreement" replaced.

6. § 14 reads:

" § 14. Through this federal law,

1.

Directive 2005 /36/EC on the recognition of professional qualifications, OJ L 327, 30.4.2005, p. No. 22, as last amended by Directive 2013 /25/EU, OJ L 255, 30.9.2013, p. No. OJ L 158, 10.6.2013 p. 368,

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,

3.

Directive 2003 /109/EC on the legal status of third-country nationals who are long-term residents, OJ L 327, 31.12.2003, p. No. OJ L 16, 23.01.2004 p. 44,

4.

Directive 2004 /38/EC on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States, 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 L 206, 22.7.1992, p. No. OJ L 158, 30.4.2004, p. 77, as amended by the corrigendum, OJ L 327, 30.4.2004, No. L 2004, 04.08.2007 p. 28,

5.

Directive 2011 /51/EU amending Directive 2003 /109/EC to extend its scope to persons enjoying international protection OJ L 327, 22.11.2011, p. No. OJ L 132, 19.5.2011, p. 1,

6.

Directive 2011 /98/EU on a single application procedure for a single permit for third-country nationals to reside and work in the sovereignty of a Member State, and on a common set of rights for Third-country workers legally residing in a Member State No. OJ L 343, 23.12.2011 p. 1,

to be transposed into Austrian law. "

Article 15

Amendment of the Psychologengesetz 2013

The Psychologengesetz 2013, BGBl. I No 182/2013, shall be amended as follows:

1. In Section 13 (2), the word order shall be "The area of activity reserved for health psychologists and health psychologists" through the phrase "The area of activity of health psychologists and health psychologists" replaced.

1a. § § 20 (2) (1) and (29) (2) (1) (1) shall not apply to the word order "and 4" .

1b. § 32 (6) reads:

" (6) Professional workers shall have to issue an invoice in accordance with the service provided, provided that the benefit is not directly charged with a domestic institution of social security or sickness insurance. Members of the profession shall ensure that, in any event, the bill laid down by the patient (the patient) within the meaning of Directive 2011 /24/EU shall be issued on the basis of objective, non-discriminatory criteria. "

1c. § 34 Z 3 reads:

" 3.

the prices of the services to be provided, provided that there is no direct settlement with a domestic institution of social security or sickness insurance, and the necessary transfer of data which is associated with it, "

(2) The following paragraph 5 is added to Article 39 (4):

" (5) The injured third party may also assert the claim for damages under the insurance contract in question against the insurer. The insurer and the insured person shall be liable as a total debtor. "

2a. In Section 47 (2), the word order shall be "§ § 13 para. 2 and" by the character "§" replaced.

3. The second sentence is deleted in Section 48 (7).

4. In § 49 (1) and (3), the word shall be "Psychologists Act" through the phrase " Psychologists Act, BGBl. No. 360/1990, " replaced.

5. In § 49 (2) and (4), the word shall be "Psychologists Act" through the phrase " Psychologists Act, BGBl. No. 360/1990 ' replaced.

6. In § 50 (2) the word order shall be "§ 6 (5) and (6)" through the phrase "§ 6 (6) and (7)" replaced.

7. § 50 (5) reads:

" (5) The Federal Law, BGBl. No 360/1990, unless otherwise specified in § § 48 and 49, shall expire on 30 June 2014. "

Article 16

Amendment of the Kardiotechnikergesetz

The Kardiotechnikergesetz-KTG, BGBl. I n ° 96/1998, as last amended by the Federal Law BGBl. I n ° 57/2008, as well as the Federal Ministries Act of 2009, Federal Law Gazette (BGBl). I n ° 3/2009, shall be amended as follows:

1. In the table of contents, the line " § 2a ... Implementation of Community law " through the row " § 2a ... Implementation of Union law " replaced.

2. § 1 (4) reads:

" (4) By this federal law, the

1.

Pharmacies Act, RGBl. 5/1907,

2.

Medical Law 1998-Medical Law 1998, BGBl. I No 169/1998,

3.

Health care and nursing care law-GuKG, BGBl. I No 108/1997,

4.

Hebammengesetz-HebG, BGBl. No 310/1994,

5.

Medical assistant professions-Law-MABG, BGBl. I No 89/2012,

6.

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

7.

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

8.

MTD law, BGBl. No 460/1992,

9.

Musiktherapiegesetz-MuthG, BGBl. I No 93/2008,

10.

Psychologengesetz 2013, BGBl. I No 182/2013,

11.

Psychotherapist Act, BGBl. No 361/1990,

12.

Sanitarian law-SanG, BGBl. I No 30/2002,

13.

Dentists Act-ZÄG, BGBl. I No 126/2005,

shall not be affected. "

3. § 2a together with the headline is:

" Implementation of Union law

§ 2a. Through this federal law,

1.

Directive 2005 /36/EC on the recognition of professional qualifications, OJ L 327, 30.4.2005, p. No. 22, as last amended by Directive 2013 /25/EU, OJ L 255, 30.9.2013, p. No. OJ L 158, 10.6.2013 p. 368;

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. 6, as last amended by Decision No 1/2012, OJ L 327, 28.11.2012, p. No. OJ L 103, 13.04.2012 p. 51;

3.

Directive 2011 /24/EU on the exercise of patients ' rights in cross-border healthcare, OJ L 206, 22.7.2011, p. No. OJ L 88, 4.4.2011 p. 45;

to be transposed into Austrian law. "

4. § 11 (1) reads:

" (1) The Federal Minister of Health shall have persons who have been issued with a certificate of qualification in the cardiotechnical service of an EEA State Party or of the Swiss Confederation who have a diploma in accordance with Article 11 (c), (d) or (e) Directive 2005 /36/EC on the recognition of professional qualifications shall, upon request, be granted recognition in the cardiotechnical service. "

5. In Section 11 (2), the word order shall be deleted "a national of an EEA Contracting State or of the Swiss Confederation" .

6. § 11 (3) and (4) deleted.

7. In § 11 (5), first sentence and para. 10, second sentence, the word order is in each case "Admission to professional practice" by the word "Recognition" replaced.

8. § 11 para. 9 Z 1 reads:

" 1.

proof of nationality, "

9. In § 11, para. 11, last sentence, the word "Authorisation procedure" by the word "Recognition Procedure" replaced.

10. § 13 para. 6 second sentence reads:

"Within the framework of the nostrification, a relevant professional experience shall be taken into account, provided that this missing content covers."

Article 13 (6) of the third sentence is deleted.

12. The following paragraph 7 is added to § 19:

" (7) The Federal Minister of Health shall have the competent authorities of the other EEA States Parties and the Swiss Confederation to be used for the application of this Directive.

1.

Directive 2005 /36/EC on the recognition of professional qualifications and

2.

Directive 2011 /24/EU on the exercise of patients ' rights in cross-border healthcare

information required on cardiotechnicians who are or have been registered in the list of cardiotechnicians in Austria, in particular on the existence of criminal or administrative measures or other serious cases, It is precisely certain facts which could have an impact on the profession of cardio technician, in particular through the Internal Market Information System (IMI). "

Article 17

Amendment of the Medical Assistants ' Law

The Medical Assistant Profession-Law-MABG, BGBl. I n ° 89/2012, as last amended by the Federal Law BGBl. I n ° 80/2013, shall be amended as follows:

1. § 3 reads:

§ 3. Through this federal law,

" 1.

Directive 2005 /36/EC on the recognition of professional qualifications, OJ L 327, 30.4.2005, p. No. 22, as last amended by Directive 2013 /25/EU, OJ L 255, 30.9.2013, p. No. OJ L 158, 10.6.2013 p. 368;

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. "

1a. The following sentence shall be added to Article 4 (1):

" In accordance with the medical arrangement,

1.

the supervision by one of the members of the upscale service for health and nursing care, or

2.

The members of the upper service for health and nursing care shall, on a case-by-case basis, further delegate the activity to members of the disinfection assistance and carry out the supervision of their implementation. "

Section 16 (1) reads as follows:

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

3. In Section 16 (2), the word order shall be deleted "a national of an EEA Contracting State or of the Swiss Confederation" .

4. § 16 (3) deleted.

5. § 16 (4) Z 1 reads:

" 1.

proof of nationality, "

6. In § 16 (5), second sentence and para. 6, first sentence, the word order is in each case "Admission to professional practice" by the word "Recognition" replaced.

7. In Section 16 (10), the phrase "Admission to professional practice" by the word "Recognition" and the word "Occupational Admission Notification" by the word "Recognition notification" replaced.

8. In accordance with § 35, the following § 35a is inserted:

" § 35a. (1) The Landeshauptmann/Landeshauptfrau (Landeshauptmann/Landeshauptfrau) has persons who

1.

Coordinator of the Center for General Practice of the Medical Association of Vienna successfully completed before 1 July 2006, and

2.

in the last ten years before the entry into force of this Federal Law, at least 36 months of simple auxiliary services in the case of medical examinations within the framework of medical ordinations according to § 44 lit. f MTF-SHD-G,

shall, upon request, issue the authority to exercise the ordination assistance.

(2) Applications referred to in paragraph 1 shall be submitted by 30 June 2015 at the latest at the Landeshauptmann/Landeshauptfrau (Regional Governor).

(3) For persons pursuant to paragraph 1, section 35 (6) shall apply. "

9. According to § 35a, the following § 35b is inserted:

" § 35b. (1) The Landeshauptmann/Landeshauptfrau (Landeshauptmann/Landeshauptfrau) has persons who have a basic medical education or a further health education in the Federal Army before the 1. Successfully completed January 2013, on request the permission to exercise the disinfection assistance, the operational assistance or of the ordinance assistance, provided that the completed training of the training for the disinfection aids, surgery aids and/or In accordance with the MTF-SHD-G, it was essentially equivalent to an ordinance.

(2) Applications referred to in paragraph 1 shall be submitted by 30 June 2015 at the latest at the Landeshauptmann/Landeshauptfrau (Regional Governor).

(3) For persons pursuant to paragraph 1, section 35 (6) shall apply. "

10. In § 36, the following paragraph 1 is inserted after paragraph 1:

"(1a) The same shall apply to persons who are entitled to the performance of the operational assistance pursuant to § 35b and prove an activity pursuant to Section 1 (2) (2)."

11. In § 36 (3), after the expression "31 December 2014" the phrase ", as regards persons referred to in paragraph 1a, not later than 30 June 2015," inserted.

12. In § 41 (1) (1) (1) the expression "§ § 4 to 11" by the expression "§ § 5 to 11" replaced. "

Article 18

Amendment of the Medical Mass And Medicinal massacre law

The Medical Masseur and Heilmasseurgesetz-MMHmG, BGBl. I n ° 169/2002, as last amended by the Federal Law BGBl. I n ° 80/2013, shall be amended as follows:

1. In the table of contents, the line " § 1a ... Implementation of Community law " through the row " § 1a ... Implementation of Union law " replaced.

2. § 1a together with the title is:

" Implementation of Union law

§ 1a. Through this federal law,

1.

Directive 2005 /36/EC on the recognition of professional qualifications, OJ L 327, 30.4.2005, p. No. 22, as last amended by Directive 2013 /25/EU, OJ L 255, 30.9.2013, p. No. OJ L 158, 10.6.2013 p. 368;

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. 6, as last amended by Decision No 1/2012, OJ L 327, 28.11.2012, p. No. OJ L 103, 13.04.2012 p. 51;

3.

Directive 2011 /24/EU on the exercise of patients ' rights in cross-border healthcare, OJ L 206, 22.7.2011, p. No. OJ L 88, 4.4.2011 p. 45;

to be transposed into Austrian law. "

Section 10 (1) reads as follows:

" (1) The Federal Minister of Health has, upon request, persons to whom a certificate of qualification as a medical masseur has been issued by an EEA State Party or the Swiss Confederation, as a medical masseur. "

4. In Section 10 (2), the word order shall be deleted "a national of an EEA Contracting State or of the Swiss Confederation" .

5. § 10 (3) and (4) shall be deleted.

6. In § 10 para. 5, first sentence and para. 10, second sentence, the word order is in each case "Admission to professional practice" by the word "Recognition" replaced.

7. § 10 (9) Z 1 reads:

" 1.

proof of nationality, "

8. In § 10 para. 11, last sentence, the word "Authorisation procedure" by the word "Recognition Procedure" replaced.

9. § 12 para. 6 second sentence reads:

"Within the framework of the nostrification, a relevant professional experience shall be taken into account, provided that this missing content covers."

10. § 12 (6) third sentence is deleted.

11. The text of § 33 receives the sales designation "(1)" ; the following (2) and (3) are added:

" (2) In the course of the professional professional exercise, Heilmasseure have, in particular, the patients who have been taken into consideration for the treatment or the persons authorized to represent their legal representation.

1.

the planned course of treatment;

2.

the cost of the treatment to be provided by them; and

3.

professional insurance cover

to inform. In this context, it is necessary to ensure that, in any event, the costs charged to the treated person within the meaning of Directive 2011 /24/EU are calculated on the basis of objective, non-discriminatory criteria. In the context of the information on the costs of the treatment, it is also necessary to inform, in particular, which treatment costs are likely to be taken over by the corresponding domestic institution of the social security system or the health care insurance scheme. and which are to be borne by the patient.

(3) In so far as the performance is not directly charged with a domestic institution of social security or health care, medicinal products shall, in accordance with the performance of the service, be charged with an invoice on the latter. "

Article 39 (1) reads as follows:

"(1) The Federal Minister of Health shall, upon request, grant persons who have been issued by an EEA State Party or the Swiss Confederation a certificate of qualification as a medicinal product to be granted recognition as a medicinal product."

Section 39 (2) is deleted.

14. In § 39 (3) the term " " , 3 " .

Article 40 (1) reads as follows:

" (1) The Federal Minister of Health has, upon request, persons who have been issued a certificate of qualification for teaching duties in the medical massage by an EEA State Party or the Swiss Confederation, on request To carry out teaching tasks. A prerequisite for recognition is a professional qualification as a medical asseur. "

16. § 40 (2).

17. In § 40 (3) the term " " , 3 " .

18. § 42 (6) second sentence reads:

"Within the framework of the nostrification, a relevant professional experience shall be taken into account, provided that this missing content covers."

Article 42 (6) of the third sentence is deleted.

Article 63 (1) reads as follows:

" (1) The Federal Minister of Health has persons who have been issued a qualification certificate in electrotherapy or in hydrotherapy and balneotherapy by an EEA State Party or the Swiss Confederation, at the request of the Authorization to perform

1.

the special task of electrotherapy or

2.

The special task Hydro-and Balneotherapy

to the Commission. A prerequisite for recognition in accordance with Z 1 and 2 is a professional qualification as a medical masseur or as a medicinal masseur. "

21. § 63 (2).

22. In § 63 (3) the term " " , 3 " .

The second sentence of Article 65 (6) reads:

"Within the framework of the nostrification, a relevant professional experience shall be taken into account, provided that this missing content covers."

The third sentence of Section 65 (6) is deleted.

Article 19

Amendment of the Sanitary Act

The Sanitary Law-SanG, BGBl. I n ° 30/2002, as last amended by the Federal Law Gazette (BGBl). I No 80/2013 shall be amended as follows:

1. In the table of contents, the line " § 2a ... Implementation of Community law " through the row " § 2a ... Implementation of Union law " replaced.

2. § 2a together with the headline is:

" Implementation of Union law

§ 2a. Through this federal law,

1.

Directive 2005 /36/EC on the recognition of professional qualifications, OJ L 327, 30.4.2005, p. No. 22, as last amended by Directive 2013 /25/EU, OJ L 255, 30.9.2013, p. No. OJ L 158, 10.6.2013 p. 368;

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 18 (1) reads as follows:

" (1) The Federal Minister of Health shall have persons who are proof of qualification for the occupation or profession of an EEA Contracting State or of the Swiss Confederation. the activities have been issued as a paramedic, on request, to be granted recognition as paramedics or emergency paramedics. "

4. In § 18 (2) the word order is deleted "a national of an EEA Contracting State or of the Swiss Confederation" .

5. § 18 (3) and (4) deleted.

6. In § 18 (5), first sentence, the word order shall be "Admission to the exercise of the profession or of activities" by the word "Recognition" replaced.

7. § 18 (9) Z 1 reads:

" 1.

proof of nationality, "

8. In § 18, para. 10, second sentence, the word order shall be "Admission to professional practice" by the word "Recognition" replaced.

9. In § 18, para. 11, last sentence, the word "Authorisation procedure" by the word "Recognition Procedure" replaced.

10. § 20 (6) second sentence reads:

"Within the framework of the nostrification, a relevant professional experience shall be taken into account, provided that this missing content covers."

The third sentence of Section 20 (6) is deleted.

Article 20

Amendment of the Dentist Act

The Dentist Act-ZÄG, BGBl. I n ° 126/2005, as last amended by the Federal Law BGBl. I No 80/2013 shall be amended as follows:

1. § 2 reads:

" § 2. Through this federal law,

1.

Directive 2005 /36/EC on the recognition of professional qualifications, OJ L 327, 30.4.2005, p. No. 22, as last amended by Directive 2013 /25/EU, OJ L 255, 30.9.2013, p. No. OJ L 158, 10.6.2013 p. 368;

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;

3.

Directive 2011 /24/EU on the exercise of patients ' rights in cross-border healthcare, OJ L 206, 22.7.2011, p. No. OJ L 88, 4.4.2011 p. 45;

to be transposed into Austrian law. "

2. In Section 9 (1), the word sequence shall be deleted " issued by a national of an EEA Contracting State or of the Swiss Confederation, " .

Section 9 (2) is deleted.

3a. In § 13, the second paragraph as well as the sales designation shall be deleted. "(1)" .

4. In § 18 (1), at the end of Z 5, the word "and" replaced by a dash, the Z 6 the word "and" and inserted after Z 6 the following Z 7:

" 7.

professional insurance cover "

5. The following sentences are added to section 18 (2):

" It is necessary to ensure that, in any case, the costs charged to the patient within the meaning of Directive 2011 /24/EU are calculated on the basis of objective, non-discriminatory criteria. The person in the dental profession, if the dental benefit is not directly charged with a national institution of social security or sickness insurance, shall have an invoice in accordance with the dental service provided. to put it out. "

6. According to Article 26c (6), the following paragraph 6a is inserted:

" (6a) The insured person and, if necessary, the Austrian Dentistry Chamber shall provide the patient or his/her statutory representative with information on the demand for professional indemnity insurance, in particular: about the insurer. "

6a. In § 43a the last sentence is deleted.

6b. In § 55, the fourth paragraph is deleted.

7. § 78 (1) reads:

" (1) The Federal Minister for Health/Federal Minister of Health has, upon request, persons who have been issued by an EEA State Party or the Swiss Confederation a certificate of qualification in the dental assistant. in the dentist's assistant. "

8. In Section 78 (2), the word order shall be deleted "one/one nationals of an EEA Contracting State or of the Swiss Confederation" .

9. § 78 (3).

Article 21

Amendment of the Family Law Compensatory Act 1967

The Family Law Balancing Act 1967, BGBl. No. 376, as last amended by the Federal Law BGBl. I No 163/2013, shall be amended as follows:

1. In § 39j (6), the term " "in 2008" by the expression "from the year 2008" replaced.

(2) The following paragraph 26 is added to § 55:

" (26) § 39j (6) in the version of the Federal Law BGBl. I n ° 32/2014 will enter into force on 24 May 2013. "

Fischer

Faymann