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 that modifies the midwifery Act and the child care money law

The National Council has decided:

Article 1

Amendment of the midwifery Act (HebG-Novelle 2013)

The midwifery Act, Federal Law Gazette No. 310/1994, as last amended by Federal Law Gazette I no. 80/2013, is amended as follows:

1. in the table of contents is following the line "§ 9... Documentary"the row"section 9a... Duty of disclosure"added.

2. in the table of contents is omitted the line "section 22... Withdrawal of professional qualifications".

3. in the table of contents be after the line "section 21... Temporary freelance profession - EEA"lines"section 22... Evasion of professional qualifications"and"§ 22a... Added a provisional prohibition on the exercise of the profession".

4. in the table of contents of section 4 is omitted.

5. in the table of contents is after the line "§ 50... Country offices"the row"§ 50a... Federal Secretariat"inserted.

6. in the table of contents is the line "article 61 b..." Implementation of Community law"by the line" article 61b... " Implementation of Union law"replaced.

7 § 2 para 3 4 following fig. 4a is inserted in to the Z: '4a.
"Medical Assistant professions-law - MABG, Federal Law Gazette I no. 89/2012," 8. § 2 para 3 7 following Z 7a is inserted in to the Z: '7a.
"Music therapy law - MuthG, Federal Law Gazette I no. 93/2008," 9. In section 5, paragraph 2, the phrase "intramuscular and subcutaneous" is omitted.

10. in article 8, paragraph 1, the phrase is "Austrian statistical Central Office" by the phrase "Federal Statistics Austria" replaced.

11 § 8 para 2 is as follows:

"(2) when the cost of the display in accordance with paragraph 1, midwives in accordance with § 9 2013 - have civil status law PStG 2013, Federal Law Gazette I no. 16, to take action." Medical and socio-medical data referred to in paragraph 1 are: 1. weight, body length and, at birth, APGAR values of the child and, if possible, umbilical cord ph (arterial), 2nd pregnancy duration is adequate in completed weeks and days, 3. height of the mother as well as body weight of the mother at the beginning of pregnancy and last before the birth, 4. smoking in the last trimester of pregnancy, 5 total birth order, birth order, 6 date of previous birth ", 7 introduction of birth medically or through Amniotomie, 8 birth termination (spontaneous, Caesarean section primary or secondary, vacuum extractor, forceps delivery, manual help), 9 location of the child at birth (real location of skull, irregular skull breech, shifting, unknown/not identifiable), 10th place of birth (hospital - outpatient/stationary, home birth, midwifery practice, transport, other)."

12. in article 9, paragraph 1 does not apply the word "End of free practice" and "Legal representative person authorised" shall be inserted after the phrase the word sequence "or people who were named by the woman expressly as an information seeker,".

13 paragraph 9 paragraph 2:

"(2) freelance midwives have at least ten years to keep the documentation. Is to provide access to the documentation and to enable the production of copies against reimbursement. the wife applied for support or advice, the person authorised to their legal representation, as well as persons who were named by the woman applied to the support and advice specifically as insight entitled "

14. under article 9, the following section 9a and heading shall be inserted:

"The duty of disclosure

'Article 9a. (1) midwives have the woman taken to the care, advice and care or the person authorized to their legal representation in particular on 1 end and extent of midwifery care, 2. necessary tests of the midwife during pregnancy, to clarify the cost of care, advice and care, as well as the professional insurance cover birth and puerperium, 3. signs of irregularities in the mother or the child and 4th at freelance profession.

(2) in the determination of the costs referred to in paragraph 1 Z 4 is to ensure that in any case the woman charged provided costs are calculated according to objective and non-discriminatory criteria, in particular also informed, which costs are expected to be taken over by the equivalent domestic institution of social security or health care or any other cost medium and which are from the woman.

(3) after supplied performance midwives within the framework of their freelance profession have provided performance is charged directly with a domestic carrier of social security or health care or with an other payers to issue a clear statement about this, which complies with the requirements for a tax claim and refund."

15. in article 11, paragraph 4, the phrase "the change," eliminates No. 3.

16. in article 12, paragraph 1, the phrase is "one / a national of a Contracting State of the agreement on the European economic area (EEA State) or the Swiss Confederation".

17 paragraph 2 deleted § 12.

18. in article 12, paragraph 4, the phrase is replaced "nationals of EEA Contracting State or the Swiss Confederation and third-country nationals referred to in paragraph 2" by the word "Persons".

19 § 12 para 5 No. 1 is: "1. a proof of nationality," 20 article 22 together with the headline is:

"Suspension of professional qualifications

Section 22 (1) has the Austrian midwife Panel to withdraw permission to exercise the profession, if 1 one of the preconditions to the exercise of the profession in accordance with § 10 has been removed Z 1 to 5 or 2 comes forth that one already originally has not passed required prerequisite for registration in the register of midwives.

(2) on the occasion of the withdrawal of work para 1 is in accordance with 1 perform the deletion from the register of midwives, 2. the midwife identity card to collect and 3. / the locally competent Governor/administrator thereof to communicate.

(3) a person permission to exercise the profession referred to in paragraph 1 has been withdrawn, can register again to be registered in the midwifery register under section 42a, once the existence of the professional practice requirements can be demonstrated. On the occasion of the entry of the midwife is again to follow."

21. after section 22 the following § 22a and heading shall be inserted:

"Provisional prohibition on the exercise of the profession

section 22a. (1) the Governor/administrator has midwives, against the 1 a procedure about ordering one / a representatives/receiver initiated according to § 268 General Civil Code (ABGB), DL No. 946/1811, and according to the § § 118 and 119 except dispute Act, Federal Law Gazette I no. 111/2003, be continued or a criminal proceedings for gross misconduct in the exercise of the profession, which threatens with judicial punishment or administrative punishment are 2. that has been initiated is, up to the final conclusion of the proceedings referred to in to prohibit the practice of Z 1 or 2, if it requires the public well-being and imminent danger.

(2) / the country wife/woman has midwives, which are a mental illness or disorder or 2 due to habitual abuse of alcohol or drugs to the profession not enabled 1 because, to prohibit the practice of imminent danger to the maximum of six weeks. The ban can be extended up to another six weeks, no longer than until the termination of proceedings concerning the withdrawal of the professional privilege (section 22).

(3) over a prohibition referred to in paragraph 2 who / the Governor/administrator immediately 1 has that according to § 109 standard of jurisdiction, RGBl. No. 111/1895, District Court due to possible proceedings about the appointment of a champion/receiver according to § 268 ABGB, or

2. the public prosecutor's Office at the competent District Court due to any initiation of criminal proceedings having regard to set.

(4) the courts are required, the / the Governor/administrator as well as the initiation, continuation, and the outcome of proceedings on the order of a champion/receiver 2. termination of the main proceedings according to the code of criminal procedure 1975 (Ccrp), BGBl. No. 631, immediately announce, as far as midwives thereof, as well as the Austrian midwife Panel 1 are affected. The same applies to the public prosecutor's Office in the initiation and termination of an investigation against a midwife as a suspect (article 48, paragraph 1 Z 1 StPO).

(5) before of a prohibition referred to in paragraph 1 or 2 is the Austrian Board of midwifery and midwives who practise their profession in the context of a service relationship, to hear also the superior services. The prohibition is to inform the Austrian midwife Panel as well as the Dienstgeberin/service provider in any case.

(6) against a prohibition referred to in paragraph 1 or 2 it/IM is open to appeal to the Administrative Court of the country concerned as well as the Austrian midwife Panel. The complaint has no suspensive effect."

22. the section 4 is omitted.

23 para 2 and 3 is eliminated section 37.

24. in article 40, paragraph 2, 8 following Z 8a is inserted after Z: "8a.
Care bear for the conclusion of a group professional liability insurance;"

25 paragraph 40 paragraph 4:


"(4) the Austrian midwife Panel is in compliance with the data protection Act 2000, Federal Law Gazette I no. 165/1999, empowered, to determine 1 personal work-related data of its members within his scope to carry out the tasks conferred on it by law and process, as well as public data of its members to submit 2."

26 paragraph 41 paragraph 6:

"(6) the Austrian midwife Panel has within its area of effect the competent authorities of the other Contracting States of the EEA and the Swiss Confederation on the application 1 of Directive 2005/36/EC on the recognition of professional qualifications, as well as 2 of the directive 2011/24/EU on the exercise of the rights of patients in cross-border health care information required in accordance with paragraph 7, in particular in the way the internal market information system (IMI), to grant."

27. in article 42d Z 3, the word "Withdrawal" is replaced by "Evasion".

28. According to section 50, the following § 50a and heading shall be inserted:

"Federal Office

§ 50a. (1) the Federal Office has the necessary to the fulfilment of the tasks of the Austrian midwife Panel technical and administrative tasks to perform.

(2) has in particular the Federal Office 1 impartially carry out the decisions of the organs of the Austrian midwife Panel, 2. preparation of the opinions requested by the institutions of the Austrian midwife Panel, 3. to submit appropriate proposals to the institutions of the Austrian midwife Panel and 4 for information and advice to the members and the country offices to ensure.

(2) the Federal Office is a competent person who is bound to the President/President.

(3) the / the head of the Federal Office is appointed / President/President of the Gremialvorstand on the proposal. "

29. the heading to § 61 is b:

"Implementation of Union law"

30 paragraph 61b Z 3: "3. the 2011/24/EU directive on the application of patient rights in cross-border healthcare, OJ" "No. L 88 of the Mar 21, 2011 S. 45;"

31 § 61b Nos. 4 and 5 is omitted.

32nd the following paragraph 6 is added to section 62a:

"(6) for the entry into force of the Federal Act Federal Law Gazette I no. 197 / 2013 modified or inserted provisions and for the expiry of the provisions repealed by the so-called Federal Act as well as for the transition to the new legal situation, the following applies: 1 article 8, paragraph 1 and 2 in the version of Federal Law Gazette I no. 197/2013 effective with November 1, 2013."

I will take no. 197/2013 2. table of contents, article 22, Article 22a, and section 42d Z 3 as amended by Federal Law Gazette 1 January 2014 effect.

3. § 9 para 1 and 2, § 9a, section 12 para 1 and para 4, § 12 ABS. 5 Z 1, § 40 paragraph 2 Z 8a, § 41 para 6 and § 61b Z 3 as amended by Federal Law Gazette I no. 197/2013 apply with 25 October 2013; at the same time § 12 ABS. 2 override.

4. § 2 para 3 Z 4a and 7a Z, section 5, paragraph 2, article 11 par. 4 No. 3, § 40 para 4, § 50a and the heading to § 61b as amended by Federal Law Gazette I no. 197/2013 become at the end of the day of the by-laws in force; at the same time the section 4, § 37 para 2 and 3 and § 61 b Nos. 4 and 5 except power occur. Training on midwifery academies, which begun before that date are to continue according to the provisions applicable up to that point and to complete."

Article 2

Amendment to the child care money Act

The child care money law, Federal Law Gazette I no. 103/2001, as last amended by the Federal Act, Federal Law Gazette I no. 117/2013, is amended as follows:

1 paragraph 7 subsection 1:

"§ 7 (1) relating to the birth of a child, as well as the provision of childcare allowance has the Federal Minister of health in consultation with the Federal Minister of economy, to lay down a mother child pass examination programme for the pregnant woman and the child by means of regulation, family and youth and to set up a mother-child pass. The regulation has the range, to determine the type and time of medical examinations, as well as the midwife's advice, which is to be taken into account to ensure the health of pregnant women and of the child on the respective State of medical knowledge. The examinations of pregnant women and further investigation of the child up to the age of 62 months, and a one-hour consultation by a midwife within the 18 to 22 are to provide pregnancy week in regulation. For the detection of the medical examinations, as well as the midwife Consulting has to contain a form. the mother-child pass"

2. in article 35, the following paragraph 3a is inserted:

"(3a) an overall contract, which regulates the conduct of midwife provided pursuant to section 7 and whose remuneration is between the main Association of Austrian social insurance institutions and the Austrian midwife Panel." The total contract not the consent of the carrier of the statutory health insurance. The provisions of § 349 ASVG, of § 181 BSVG, of § 193 GSVG and of section 128 B KUVG shall apply mutatis mutandis. The total contract requires the approval of the Federal Minister of health in consultation with the Federal Minister of economy, family and youth to its validity. The approval shall be refused if the remuneration provided for in the Treaty, was inappropriate in terms of the remuneration of comparable services in the statutory health insurance. Until the conclusion of an appropriate agreement section shall apply mutatis mutandis. 131 b ASVG"

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

"(9) the statutory health insurance carriers have to enable persons in accordance with article 35, paragraph 1 a one-hour consultation with a midwife in accordance with § 7 paragraph 1 in particular by agreement midwives. The cost of the consultation are to bear two-thirds of the equalisation fund and one third of the statutory health insurance carriers. The costs borne by the equalisation funds are transferred the main Association of Austrian social insurance institutions against financial reporting."

10 the following paragraph is added to § 4. 50:

"(10) § 7 para 1, § 35 paragraph 3a and section 35 paragraph 9 as amended by Federal Law Gazette I no. 197/2013 apply with November 1, 2013."

Fischer

Faymann