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314. Regulation of the Federal Minister of Health with which the midwives-EEA-Qualification of Qualifications-Regulation 2008 is amended (Heb-EWRV-Novelle 2013)
On the basis of Section 12 (3) of the Hebammengesetz-HebG, BGBl. No. 310/1994, as last amended by the Federal Act BGBl. I No 197/2013, shall be arranged:
The Hebammen-EEA Qualification-Regulation 2008-Heb-EWRV 2008, BGBl. II No 195/2008, as last amended by the BGBl Regulation. II No 184/2009, shall be amended as follows:
1. In the table of contents, the line " § 1 ... Implementation of Community law " through the row " § 1 ... Implementation of Union law " replaced.
2. In the table of contents, the line " § 8 ... Acquired Rights-Slovenia " through the row " § 8 ... Acquired rights-Slovenia and Croatia " replaced.
3. § 1 together with the headline is:
" Implementation of Union law
§ 1. This Regulation shall
| 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, 10.06.2013 p. 368, and |
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| 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, |
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| to be transposed into Austrian law. " |
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4. In § 2 para. 2, the word order shall be " in the version of the Federal Law BGBl. I n ° 102/2008 and the Federal Ministries Act of 2009, BGBl. I No 3 " through the phrase " in the version of the Federal Law BGBl. I No 197/2013 " replaced.
5. § 8 together with headline reads:
" Acquired Rights-Slovenia and Croatia
§ 8. (1) The qualifications of the midwives are to be recognised by the former Yugoslavia as evidence of formal qualifications issued by the midwife, provided that:
| 1. |
they will complete an education that |
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| a) |
in the case of Slovenia, before 25 June 1991, and |
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| b) |
in the case of Croatia, before the 8. October 1991 |
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| has been started, |
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| 2. |
by the competent Slovenian or The Croatian authority certifies that the training certificate for the exercise of the midwifery profession in Slovenian or Croatian territory confers the same rights as the one in the Annex for Slovenia, respectively. Croatia's training certificate and |
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| 3. |
a certificate issued by the same authority is accompanied by the fact that the person concerned actually and lawfully activities of the midwife in Slovenia for at least three years during the last five years prior to the issue of the certificate, or Croatia |
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| (Article 23 (5) Directive 2005 /36/EC). |
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(2) The acquired rights in accordance with paragraph 1 and § 3 shall not apply to the following evidence of formal qualifications obtained in Croatia before 1 July 2013:
| 1. |
viša medicinska sestra ginekološko-opstetričkog smjera (Oberschwester/Oberpfleger für Frauenheilkunde und Obstshilfe), |
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| 2. |
medicinska sestra ginekološko-opstetričkog smjera (nurse/nurse for gynecology and obstetrics), |
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| 3. |
viša medicinska sestra primaljskog smjera (Oberschwester/Oberpfleger mit Hebammen-/Obstshelferconclusion), |
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| 4. |
medicinska sestra primaljskog smjera (nurse/nurse with midwifer/obstetricians), |
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| 5. |
ginekološko-opstetrička primalja (midwife/obstetricians for gynaecology and obstetrics) and primalja (midwife/midwives/midwives) |
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| (Article 43b Directive 2005 /36/EC). " |
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