Change Of The Midwifery Act And The Child Care Money Act

Original Language Title: Änderung des Hebammengesetzes und des Kinderbetreuungsgeldgesetzes

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197. Federal law, with which the Hebammen Act and the Child Care Money Act are amended

The National Council has decided:

Article 1

Amendment of the Hebammengesetz (Hebammengesetz) (HebG-Novelle 2013)

The Hebammen Act, BGBl. No. 310/1994, as last amended by the Federal Act BGBl. I n ° 80/2013, shall be amended as follows:

1. In the table of contents, after the line " § 9 ... Documentation " the line " § 9a ... Obligation to provide information " inserted.

2. In the table of contents the line is deleted " § 22 ... Withdrawal of the right to work " .

3. In the table of contents, after the line " § 21 ... Temporary professional professional training-EEA " the rows " § 22 ... Withdrawal of professional qualifications " and " § 22a ... Provisional failure to pursue the profession " inserted.

4. In the table of contents the 4. Section.

5. In the table of contents, after the line " § 50 ... National Business Points " the line " § 50a ... Federal Office " inserted.

6. In the table of contents, the line " § 61b ... Implementation of Community law " through the row " § 61b ... Implementation of Union law " replaced.

7. In Section 2 (3), the following Z 4a shall be inserted after Z 4:

" 4a.

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

8. In Section 2 (3), the following Z 7a shall be inserted after Z 7:

" 7a.

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

9. In Section 5 (2), the word order shall be deleted "intramuscular and subcutaneous" .

10. In Section 8 (1), the phrase "Österreichisches Statistisches Zentralamt" through the phrase "Bundesanstalt Statistik Österreich" replaced.

Section 8 (2) reads as follows:

" (2) In the case of the reimbursement of the ad pursuant to paragraph 1, midwives pursuant to Section 9 of the Personal Status Act 2013-PStG 2013, BGBl. I No 16. Medical and social medical data as referred to in paragraph 1 are:

1.

weight, body length and, in live births, APGAR values of the child and, if possible, umbilical cord ph (arterial),

2.

Duration of pregnancy in full weeks and days,

3.

the body size of the mother as well as the body weight of the mother at the beginning of the pregnancy and the last before birth,

4.

smoking in the last trimester of pregnancy,

5.

Total birdlife sequence, live birth order,

6.

the date of the preceding birth,

7.

Initiation of birth medicinally or by amniotomy,

8.

Birth termination (spontaneously, caesarean section primary or secondary, suction bell, pliers birth, manual aid),

9.

Situation of the child at birth (regular skull position, irregular cranial position, pelvic end position, lateral position, unknown/indeterminable),

10.

Place of birth (hospital-ambulant/stationary, home birth, midwife practice, on transport, other). "

12. In § 9 (1) the word shall be deleted "Free practitioner" and shall be followed by the phrase "legal representation of authorized person" means the Word Order "or persons who have been expressly designated by the woman as having the right to be informed," inserted .

Section 9 (2) reads as follows:

" (2) Free-time midwives have to keep the documentation for at least ten years. The woman who has been taken care of or counseled, the person who is authorized to represent her legal representation, and persons who have been expressly designated as having the right to be considered by the woman who has been accepted for care and advice, is on request. To provide insight into the documentation and to enable the production of copies against cost replacement. "

14. In accordance with § 9, the following § 9a and title shall be inserted:

" Obligation to provide information

" § 9a. (1) In particular, midwives have the wife or person authorized to take care of, advice and care, or the person authorized to represent them by law, in particular:

1.

the sequence and extent of midwifery care,

2.

necessary examinations of the midwife during pregnancy, birth and weekly bed,

3.

Signs of irregularities in the mother or in the child and

4.

in the case of freelance work, the costs of care, advice and care as well as the professional insurance cover

to educate.

(2) In the context of the information on the costs referred to in paragraph 1 Z 4, it must be ensured that, in any event, the costs charged to the woman are calculated on the basis of objective, non-discriminatory criteria, and, in particular, that the costs are also informed the cost of the corresponding domestic institution of social security, the health care or any other cost carrier is likely to be taken over and which are to be borne by the woman.

(3) In accordance with the performance of the service provided, midwives shall have their professional professional practice, provided that the benefit is not directly charged to a domestic institution of social security or sickness insurance or to any other cost carrier. shall be issued with a clear account of those which satisfy the requirements for a tax enforcement and refund. "

15. In Section 11 (4) (3), the word order shall be deleted "the change," .

16. In Section 12 (1), the word order is deleted "A national of a Contracting State of the Agreement on the European Economic Area (EEA Contracting State) or the Swiss Confederation" .

17. § 12 (2).

18. In Section 12 (4), the phrase "Nationals of an EEA Contracting State or of the Swiss Confederation and third country nationals as referred to in paragraph 2" shall be replaced by the word "persons".

19. § 12 (5) Z 1 reads:

" 1.

proof of nationality, "

20. § 22 together with the title is:

" Withdrawal of professional rights

§ 22. (1) The Austrian midwifery body has to withdraw the right to practise the profession if:

1.

one of the conditions for exercising the profession has been omitted in accordance with § 10 Z 1 to 5, or

2.

the fact that a pre-requisite for registration in the register of midwives has not existed in the first place.

(2) On the occasion of the withdrawal of the right to work pursuant to paragraph 1,

1.

carry out the deletion from the midwifery register;

2.

to collect the midwifery card and

3.

to inform the local competent regional authority of the matter.

(3) A person who has been deprived of the right to practise the profession in accordance with paragraph 1 may again register for registration in the Hebammenregister in accordance with § 42a, as soon as the existence of the professional training requirements can be proved. On the occasion of the registration, the Hebammenausweis shall be followed up again. "

21. In accordance with § 22, the following § 22a together with the heading is inserted:

" Provisional failure to exercise the profession

§ 22a. (1) The Governor of the State shall have midwives against the

1.

a procedure for the appointment of a non-specialist in accordance with Section 268 of the German Civil Code (ABGB), JGS No. 946/1811, and in accordance with § § 118 and 119 Extrastreit Act, Federal Law Gazette (BGBl). I n ° 111/2003,

2.

a criminal procedure initiated for gross misconduct in the exercise of the profession at risk of judicial penalty or administrative penalty

has been to prohibit the exercise of the profession until the final conclusion of the procedure referred to in Z 1 or 2, provided that it requires the public good and is in danger of being forcifully taken.

(2) The Governor of the Land shall have midwives who shall:

1.

because of a mental illness or disorder, or

2.

on the grounds of habitual abuse of alcohol or of addictive substances

are not capable of exercising their profession, in the event of a risk of default, to prohibit the exercise of the profession until the maximum period of six weeks. The submission may be extended by up to a further six weeks, at the latest until the conclusion of the procedure concerning the withdrawal of the right to work (§ 22).

(3) The provincial head of the country shall immediately be informed of an undersac in accordance with para. 2.

1.

according to § 109 Jurisdiction Standard, RGBl. N ° 111/1895, District Court in charge of proceedings relating to the appointment of a lawyer/specialist in accordance with Section 268 of the German Civil Code (ABGB) or

2.

the public prosecutor's office at the competent regional court for the sole initiation of criminal proceedings

.

(4) The courts are obliged to do so, the head of the country (s) and the Austrian midwifery body

1.

the initiation, continuation and exit of proceedings concerning the appointment of a lawyer/lawyer, as well as

2.

the termination of a main proceedings under the 1975 Criminal Procedure Code (StPO), BGBl. N ° 631,

without delay, to the extent that midwives are affected. The same applies to the public prosecutors in relation to the initiation and termination of an investigation against a midwife as a accused (§ 48 para. 1 Z 1 StPO).

(5) The Austrian midwifery committee and midwives who exercise their profession within the framework of a service contract shall also be heard by the supervisory authority before a subsac under para. 1 or 2. The submission shall be communicated to the Austrian midwifery body and to the service provider/service provider in any case.

(6) The complaint to the administrative court of the country shall be open to the person concerned and to the Austrian midwifery body in the event of an understatement pursuant to para. 1 or 2. The complaint does not have suspensive effect. "

22. The 4. Section is omitted.

23. § 37 (2) and (3) deleted.

24. In § 40 (2) the following Z 8a is inserted after Z 8:

" 8a.

The closure of a group professional indemnity insurance; "

Section 40 (4) reads as follows:

" (4) The Österreichische Hebammengremium is subject to compliance with the Data Protection Act 2000, BGBl. I No 165/1999, authorised, within the limits of its scope, to carry out the tasks assigned to it by law

1.

to identify and process personal professional data of its members; and

2.

to the public data of its members. "

26. § 41 (6) reads:

" (6) The Austrian midwifery body shall have within its scope the competent authorities of the other EEA States Parties and of the Swiss Confederation which shall apply it.

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

the necessary information in accordance with paragraph 7, in particular by means of the Internal Market Information System (IMI). "

27. In § 42d Z 3, the word "Withdrawal" by "Withdrawal" replaced.

28. In accordance with § 50, the following § 50a and heading is inserted:

" Federal Office

§ 50a. (1) The Federal Office shall provide the technical and administrative tasks necessary for the performance of the tasks of the Austrian Hebammen Body.

(2) The Federal Office shall, in particular:

1.

to implement the decisions of the institutions of the Austrian Midwifery Body impartially,

2.

prepare the opinions requested by the institutions of the Österreichische Hebammenggregation,

3.

to submit appropriate proposals to the institutions of the Austrian Hebammen Body; and

4.

to provide information and advice to the members and to the national offices.

(2) The Federal Office shall direct a competent person to whom the President/President is bound by instructions.

(3) The Head of the Federal Office shall be appointed by the President of the Gremial Board on a proposal from the President/President. "

29. The heading to § 61b reads:

'Implementation of Union law'

30. § 61b Z 3 reads:

" 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, 04.04.2011 p. 45;

31. § 61b Z 4 and 5 are deleted.

Section 62a is added to the following paragraph 6:

" (6) For the entry into force of the by the Federal Law BGBl. I No 197/2013 as amended or inserted, and for the expiry of the provisions repealed by the said Federal Act and for the transition to the new legal situation:

1.

§ 8 (1) and (2) in the version of the Federal Law BGBl. I n ° 197/2013 will enter into force on 1 November 2013.

2.

The table of contents, § 22, § 22a and § 42d Z 3 in the version of the Federal Law BGBl. I n ° 197/2013 will be 1. Jänner 2014 in force.

3.

§ 9 (1) and (2), § 9a, § 12 (1) and (4), § 12 (5) Z 1, § 40 paragraph 2 Z 8a, § 41 (6) and § 61b Z 3 in the version of the Federal Law BGBl. I n ° 197/2013 are 25 years old. October 2013 in force; at the same time, Section 12 (2) shall be repeal.

4.

§ 2 (3) Z 4a and Z 7a, § 5 sec. 2, § 11 sec. 4 Z 3, § 40 para. 4, § 50a and the title to § 61b in the version of the Federal Law BGBl. I n ° 197/2013 will enter into force at the end of the day of the event; at the same time, the 4. Section, § 37 (2) and (3) and § 61b (4) and (5) repeal of force. Training in midwifery academies, which have been started before that date, shall continue and be completed in accordance with the provisions applicable up to that date. "

Article 2

Amendment of the Child Care Money Act

The Child Care Money Act, BGBl. I n ° 103/2001, as last amended by the Federal Law, BGBl. I No 117/2013, shall be amended as follows:

1. § 7 (1) reads:

" § 7. (1) In connection with the birth of a child and the provision of the child care allowance, the Federal Minister of Health, in agreement with the Federal Minister for Economic Affairs, Family and Youth, has a mother-child passport examination programme for to fix the pregnant woman and the child by means of a regulation and to place a mother-child passport. The Regulation must determine the extent, nature and timing of medical examinations and midwifery counseling, taking into account the state of the medical findings to ensure the health of pregnant women and the child To be taken care of. The regulation provides for the examinations of the pregnant women and further examinations of the child up to the completion of the 62. months of life, as well as a one-hour consultation by a midwife within the 18. to 22. To provide for a week of pregnancy. The mother-child passport has to contain a corresponding form for the proof of medical examinations as well as the midwifery counseling. "

(2) The following paragraph 3a is inserted in § 35:

" (3a) An overall contract is to be concluded between the Austrian Social Security Agency's main association and the Austrian midwifery body, which regulates the implementation of the midwifery advisory service provided for in § 7 and the remuneration of the advisory services. The overall contract does not require the consent of the institutions of the statutory health insurance. The provisions of § 349 ASVG, § 181 BSVG, § 193 GSVG and § 128 B-KUVG apply analogously. The overall contract shall be subject to the approval of the Federal Minister of Health in agreement with the Federal Minister for Economic Affairs, Family and Youth. The authorisation shall be refused if the remuneration provided for in the contract, as measured by the remuneration of comparable benefits in statutory health insurance, is inappropriate. Until a corresponding agreement is concluded, § 131b ASVG shall apply mutatily. "

3. The following paragraph 9 is added to § 35:

" (9) The institutions of the statutory health insurance have to allow persons according to § 35 (1) a one-hour consultation with a midwife in accordance with § 7 (1), in particular by means of contractual ebamms. The cost of the consultation is to be borne by two thirds of the family tax compensation fund and one third of the institutions of the statutory health insurance. The costs to be borne by the family compensation fund shall be transferred to the main association of the Austrian social insurance institutions against financial reporting. "

(4) The following paragraph 10 is added to § 50:

" (10) § 7 (1), § 35 (3a) and § 35 (9) in the version of the Federal Law BGBl. I n ° 197/2013 will enter into force on 1 November 2013. "

Fischer

Faymann