Gukg Amendment Of 2013 And Mtd Act 2013

Original Language Title: GuKG-Novelle 2013 und MTD-Gesetz-Novelle 2013

Read the untranslated law here: http://www.ris.bka.gv.at/Dokumente/BgblAuth/BGBLA_2013_I_185/BGBLA_2013_I_185.html

185. Federal law, the health and nursing law changes (GuKG amendment 2013) and modifies the MTD law (MTD law amendment 2013)

The National Council has decided:

Article 1

Change of health and nursing Act

(GuKG amendment 2013)

The health and nursing law - GuKG, Federal Law Gazette I no. 108/1997, as last amended by Federal Law Gazette I no. 80/2013, is amended as follows:

1. in the table of contents is the line "article 28a... EEA license "with the line"article 28a... Recognition of the EEA"replaced.

2. in the table of contents is omitted the line "§ 65 b..." Individual equivalence".

3. in the table of contents is the line "§ 65c... Accreditation Advisory Board"with the line"§ 65c... Health and nursing Advisory Council"replaced.

4. paragraph 2a No. 3:



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

5. § 2a Z 4 to 6 is eliminated.

6 paragraph 5 paragraph 3:

"(3) upon request is



1. to patients, clients or infirm people, 2. his legal representatives or 3rd persons, that of the affected patients, clients or infirm people were authorized to provide insight into the nursing documentation and reimbursement of costs to enable the manufacture of copies."

7. in article 15, paragraph 5 the word be in no. 6 'and' and in no. 7 the point each replaced by a comma and added following Z 8:



"8. instructions and instruction of patients as well as those who 50 b ÄrzteG were transferred in 1998 individual medical activities in accordance with § 50a or §, in accordance with the medical order."

8 the following paragraph 8 is added to. in article 15:

"(8) in the scope of the activity came members of the upscale service for health and nursing are entitled to broadcast 1998 individual medical activities in accordance with physician orders referred to in paragraph 1 to 4 persons according to § 50a ÄrzteG and to provide the necessary guidance and instruction. You have to make sure, to indicate that they have the necessary skills to carry out the activities, and the possibility of rejection of the transfer of the corresponding medical activities separately. Other family and guardianship law offered measures remain unaffected."

9. the heading to § 28a is as follows:

"Recognition of the EEA"

10 § 28a paragraph 1 reads:

"(1) the Federal Minister of health has to recognise issued Qualifiaktionsnachweise in accordance with sections 29 or 30 at the request by a Contracting State of the agreement on the European economic area (EEA State) or the Swiss Confederation in the upscale health and nursing service as Qualifiktionsnachweise in the appropriate superior service for nursing."

11. in article 28a paragraph 2, the phrase "a national of an EEA Contracting State or the Swiss Confederation" is omitted.

12 paragraph 3 and 4 is § 28a.

13 § 28a para 5 No. 1 is:



"1. a proof of nationality," 14. In article 28a paragraph 6, the phrase "Admission to the profession" is replaced by the word "Recognition" in the second set.

15 § 28a paragraph 7 reads:

"(7) persons, which due to fundamental differences between the under this Federal Act, recognition in the upscale service for health and nursing under the condition of completion of compensatory measures is required and the qualifications acquired in the country of origin, are entitled to exercise the care aid within two years after the enactment of the recognition decision; This term is not renewable."

16. in article 28a paragraph 8 the phrase "Admission to the profession" are replaced in the first sentence the word "Profession of admission" 'Recognition decision' by the word 'Recognition' and in the second set by.

17. in article 30, paragraph 2 the phrase "Admission to the profession" by the word "Recognition" and the expression "section 28a (4)" be replaced in the first sentence the word "License" by the expression "section 28a, paragraph 1", in the second sentence by the word 'Recognition'.

18 § 32 paragraph 6, second sentence, is:



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

19 § 32 paragraph 6 deleted third sentence.

20. the article 36 be appended following paragraph 5 and 6:

"(5) in the framework of the freelance profession members of the upscale service for health and nursing have in particular people transferred to the care and maintenance or the persons entitled to its legal or authorised representative



1. the nursing diagnosis, 2. the planned process of care, 3.
              the cost of care and nursing and 4 to inform the professional insurance cover. In the context of enlightenment about the cost of care is especially to inform you which care costs are expected to be taken over by the equivalent domestic institution of social security, health care or any other cost medium and which are from the patients or clients. This is to ensure that in any case provided the supervised person charge will be charged according to objective and non-discriminatory criteria.

(6) according to supplied power the has members of the upscale service for health and nursing, if 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."

21 paragraph 40 of subsection 2 and section 91 paragraph 2 each:

"(2) over the withdrawal of professional qualifications referred to in paragraph 1 the state Premiers and the Federal Minister for health are to inform."

22 article 40, paragraph 3, second sentence, and article 91, paragraph 3, second sentence, is respectively:

"The state Premiers and the Federal Minister for health are to inform."

23 in section 65a para 1 second sentence is replaced by the word "Health and nursing Advisory Council" the word "Accreditation Advisory Board".

24 section 65B and heading is eliminated.

25. the heading to § 65c is as follows:

"Health and nursing Advisory Council"

26 65c paragraph 1 paragraph:

"(1) at the Federal Ministry of health a health and nursing Advisory Council for Affairs of equivalence in accordance with § 65a, as well as advice in technical matters of this Federal Act is to set up."

27. in section 65 c para 2, 4, 5 and 6 will each word "Accreditation Advisory Board" or "Accreditation Advisory Board" by the word "Health and nursing Advisory Council" or replace "Health and nursing Advisory Council".

28 paragraph 87 par. 1 and 2:

"(1) the Federal Minister of health has persons to whom an EEA State or the Swiss Confederation issued a certificate of qualification in nursing help to recognize the qualification of maintenance help request.

(2) the Governor a qualification from an EEA State or the Swiss Confederation has people, as



1 diploma social workers issued with a focus on old work, with a focus on family work or with the focus on people with disabilities work or 2. specialist social workers focusing on old work or with a focus on people with disabilities work, to recognize the qualification of maintenance help request."

29 paragraph 2a is § 87.

30. in article 87, paragraph 3 the phrase "Admission to the profession" by the word "Recognition" and the expression "para 2 and 2a" by the expression "paragraphs 1 and 2" are replaced.

31 § 87 par. 6 is as follows:

"(6) article 28a paragraph 2, 5 and 6 is to apply."

32. § 87 par. 7, first sentence, is:

"In cases where pursuant to paragraph 3 is the recognition of the condition of the successful completion of a compensatory measure, the fulfillment of the prescribed compensation measure is



1. in cases of paragraph 1 by the Federal Minister of health, and 2. in cases of para 2 of the Governor in the recognition decision to enter."

33. the text of the section 116a receives the description of paragraph (1), following para. 2 and 3 are added:

(2) that are pending proceedings pursuant to section 65 b upon the expiry of 30 June 2015 to continue after the legal situation prior to that date and to complete.

"(3) persons who I no. 185/2013 have asked for the suspension of the procedure under section 28a paragraph 7 as amended before the amendment BGBl. before 1st January 2014, § 28 section 7 applies to second until the fourth set in the version before the amendment to the Federal Law Gazette I no. 185/2013."

34. the section 117 be added following paragraph 16 to 18:

"(16) with 25 October 2013 § 2a Z 3, § 5, para. 3 and § 36 para 5 and 6 in the version of Federal Law Gazette No. 185/2013 I into force.

(17) with step 1 January 2014



1. the entry to § 28a in the table of contents, the heading to § 28a, 28a, subsections 1, 2, 5 No. 1 and 6 to 8, § 30 para 2, § 32 paragraph 6, article 87, paragraph 1, 2, 3, 6 and 7 and article 116a para 3 as amended by Federal Law Gazette I no. 185/2013 in force as well as 2 § 2a Z 4 to 6, article 28a paragraph 3 and 4 and § 87 par. 2a override.


(18) with step 1 July 2015



"" 1 the entry § 65c in the table of contents, § 65a, para 1, the heading to § 65 c and 65 c para 1, 2, 4 to 6 in the version of Federal Law Gazette I no. 185/2013 in force, as well as 2 the entry for paragraph 65 (b) in the table of contents and section 65B along with header override. "" Article 2

Amendment of MTD Act

(MTD law amendment 2013)

The Federal law on the control of sophisticated medical services (MTD Act), Federal Law Gazette No. 460/1992, as last amended by Federal Law Gazette I no. 80/2013, is amended as follows:

1. in the table of contents is the line "articles 3 to 5... Professional qualifications"by the line"articles 3 and 4... Professional qualifications"replaced.

2. in the table of contents account for the lines "§ 6... Recognition"and"§ 6a... Supplementary training and testing".

3. in the table of contents, the line is "§ 6 b..." Admission to the profession - EEA"with the line" § 6b... " Recognition of the EEA"replaced.

4. in the table of contents, the line is "§ 7 b..." Advertising restrictions"by the line" § 7b... " Replaced advertising restrictions, information disclosure and accounting".

5. in the table of contents will be after the line "sections 11 c..." Duty of secrecy"following rows inserted:



"section 11 d training requirement section 11e re registration" 6. The 2nd section is not available in the table of contents.

7. in article 3, paragraph 1, the Word will be at the end of the No. 3 "and" by a comma at the end of the Z 4 the point by the word 'and' replaced, following Z 5 shall be added:



"5. in the health professional registers in accordance with health professional registers Act, Federal Law Gazette I no. xx / 201 x, is registered."

8. in article 3, paragraph 6, the phrase eliminates Z 1 ' change', and in no. 3 the phrase "the change,".

9 § 5 is omitted.

10. the heading to § 6 is b:

"Recognition of the EEA"

11 paragraph 6 b subsection 1:

"(1) (s) Minister of health has by a Contracting State of the agreement on the European economic area (EEA State) or the Swiss Confederation issued qualifications in a superior medical service, which lit a diploma referred to in article 11. c, d, or e of Directive 2005/36/EC on the recognition of professional qualifications meet, upon request as proof of qualification in the corresponding superior medical service to acknowledge."

12. in article 6 para 2 "one of (a) nationals of EEA Contracting State or the Swiss Confederation" is omitted the phrase.

13 § eliminates 6B para 3 and 4.

14. in paragraph 6, b paragraph 5 is replaced by the word "Recognition" the phrase "Admission to the profession".

15 paragraph 6b subsection 6 Z 1:



"1. a proof of nationality," 16. In § 6b subsection 6 accounts for Nos. 3 and 4, as well as the second movement.

17 in § 6 paragraph 7 b replaces the phrase "Admission to the profession" in the second sentence the word "Recognition".

18. in article 6 of paragraph 8 last sentence, the word "Approval" is replaced by the word "Recognition process".

19 b is added the following paragraph 9 § 6:

"(9) in cases where due to significant differences between the under this federal law, the recognition of the condition of the successful completion of a compensatory measure is tied required and the qualifications acquired in the country of origin, is the fulfillment of the prescribed compensation measure of the (from the) to enter Federal Minister for health in the recognition decision." The permission to exercise the appropriate superior medical service is created only with registration."

20 6c paragraph paragraphs 1 and 2:

"(1) an adaptation period according to § 6 paragraph 5 b"



1. the exercise of the corresponding superior medical service in Austria under the responsibility of one (a) qualified professionals on or in conjunction with a corresponding Polytechnic Bachelor's degree pursuant to § 3 para 4, is has 2 unless this is technically required to be accompanied by additional training on a corresponding Polytechnic Bachelor's degree pursuant to § 3 para 4, 3 is to assess the respective College of the University of applied sciences or of the institution to carry out University of applied sciences Bachelor and 4 can be completed in the context of a service relationship.

(2) an adaptation period requires the written consent of the respective College of the University of applied sciences or of the institution to carry out University of applied sciences Bachelor. "He has of those facilities under the FH-MTD training regulation, Federal Law Gazette II No. 2/2006, to be used to ensure the acquisition of the required technical and methodological skills to practice the profession."

21 § 6c par. 4 No. 2 is:



2. upon completion of the adaptation period the respective College of the University of applied sciences or of the institution to carry out University of applied sciences Bachelor to perform the assessment to present"" 22 is section 6 d, paragraph 1:

"(1) an aptitude test in accordance with section is 6 (para. 5 (b) one only the professional knowledge and skills of (the) Antragstellers(-in) question examination to a corresponding Polytechnic Bachelor's degree in accordance with § 3 paragraph 4, with the ability of (the) Antragstellers(-in), in Austria the corresponding higher medical service to exercise, by the relevant College of the University of applied sciences or of the institution to carry out University of applied sciences Bachelor will be judged."

23 § 6e para 2 is as follows:

"(2) on the completed adaptation period or the completed fitness testing a confirmation from the respective College of the University of applied sciences or of the institution to carry out University Bachelor is to exhibit. The confirmation is to sign and to provide with the stamp of the University of applied sciences or of the institution to carry out University of applied sciences Bachelor."

24 paragraph 3 deleted section 6e.

25. the heading to § 7 is b:

"Restriction on advertising, information disclosure, and accounting"

26. the text of § receives 7B the paragraph designation (1); following paragraph 2 and 3 shall be added:

"(2) within the framework of the freelance profession members of a sophisticated medical service have especially acquired for treating patients (patients) or the persons entitled to its legal or authorised representative



1. the planned treatment procedure, 2. costs to inform treatment and 3 professional insurance cover. The determination of the cost of treatment is also to inform you which treatment costs are expected to be taken over by the equivalent domestic institution of social security, health care or any other cost medium and which are from (the) patient (patient) or clients (client). This is to ensure that in any case provided the treated person charge will be charged according to objective and non-discriminatory criteria.

(3) according to supplied power has (the) members of the superior medical service, unless 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."

27 § 8a paragraph 9 is as follows:

"(9) who has to notify the Federal Chamber of labour of the persons notified in accordance with paragraph 2 within two weeks after completion of the procedure see quotes the following data of the service provider (s) Landeshauptmann(-FRAU):"



1 first and family or last name, where appropriate, birth name, 2. any academic degrees, 3. date of birth and place of birth, 4. nationality, 5 proof of completed vocational training."

28 paragraph 2 is § 11.

29 § 11a paragraph 2 reads:

"(2) upon request is



1. the affected Patienten(-innen) or Klienten(-innen), 2. to grant their legal Vertretern(-innen) or 3. persons who have been authorized by the affected Patienten(-innen) or Klienten(-innen), insight into the documentation and reimbursement of costs to enable the manufacture of copies."

30. pursuant to paragraph 11c following paragraph 11 d and 11e with headings shall be inserted:

"Training requirement

§ 11 d. (1) members of the superior medical services are required for the



1. information about the latest developments and findings of the medical service as well as medical science or 2. deepening the knowledge acquired in the training and skills of each five years training in the period of at least 40 hours to visit.

(2) on a visit to a training, a confirmation about the duration and content of the training is to exhibit.

Re registration

section 11e. (1) members of the superior medical services be re registered after fulfilling the training obligation pursuant to § 11 d for the period of five years.

(2) the re registration according to the provisions of the health professional registers."

31 paragraph 12 paragraph 2:

"(2) over the withdrawal of professional qualifications referred to in paragraph 1 the state Premiers and the Federal Chamber of labour are to inform."

32. § 12 para 3 second sentence reads:




"The state Premiers and the Federal Chamber of labour are to inform."

33. the section 2 is omitted.

34. the section 34a the following paragraph 4 is added:

"(4) § 6 (b) paragraph 9 is in the version of Federal Law Gazette I no. 185/2013 rulings to apply issued after December 31, 2013."

35. According to paragraph 34a, the following section is inserted 34B:

"b courses at medical academies, which started prior to January 1, 2019, are § 34 to continue under the rules in force before that date and to complete."

36. According to § 34, b is inserted the following § 34 c together with the heading:

"The health professional registers Act transitional

§ 34c. (1) persons who are entitled under the provisions of this Federal Act on May 31, 2015, to practice in a superior medical service have to register by 31 December 2016 at the Federal Chamber of labour.

"(2) members of the superior medical services before entry into force of the Federal Act Federal Law Gazette I no. 185 / 2013 issued professional card until a professional card is issued in accordance with health professional register law, but at the latest until 31 December 2016, their validity."

37. in paragraph 35, the phrase "in implementation on the aptitude test or the adaptation period or in connection with a College Bachelor's degree" eliminates Z 2.

38. paragraph 35a Z 3:



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

39. section 35a Z 4 to 6 is eliminated.

40. the section 36 be added following paragraph 15 to 18:

"(15) with 25 October 2013 the entry to § come 7b in the table of contents, § 3 par. 6 and 7B Nos. 1 and 3, § heading, section 11a, para 2, § 34 b and § 35 Z 3 as amended by Federal Law Gazette I no. 185/2013 in force."

(16) with step 1 January 2014



1. the entry for section 6 (b) in the table of contents, the heading to § 6 b, paragraph 6 (b) paragraphs 1, 2 and 5, para 6 Z 1, para 7 to 9, article 6 c para 1 and 2, § 6 c para 4 Z 2, section 6 d, paragraph 1, section 6e para 2, § 34a, section 4 and section 35 No. 2 in the version of Federal Law Gazette I no. 185/2013 in force, as well as 2 § 6b of paragraph 3 in the version of 1. Verwaltungsgerichtsbarkeits adjustment Act Federal Ministry of health , Federal Law Gazette I no. 80/2013, § 6 (para. 4 (b), section 6e para 3 and § 35 Z 4 to 6 out of power.

(17) with 1 January 2019 the entries to the 2nd section, as well as the 2nd section override appear in the table of contents."

(18) with step 1 June 2015



1. the entries to articles 3 and 4 and §§ 11 d and 11e in the table of contents, article 3, paragraph 1 Z 3 to 5, § 6 (para. 6 (b) Nos. 3 and 4, § 8a para 9, §§ 11 d and 11e including headings, section 12 paragraph 2 and 3 and § 34 c and heading as amended by Federal Law Gazette I no. 185/2013 into force, 2. the entries to articles 6 and 6a in the table of contents "that section 5 and article 11 par. 2 override, as well as 3. § 6 of paragraph 9 second sentence override."

Fischer

Faymann