Gukg Amendment Of 2013 And Mtd Act 2013

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

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185. Federal law amending the Health and Health Care Act (GuKG-Novelle 2013) and with which the MTD Act is amended (MTD Act-Novelle 2013)

The National Council has decided:

Article 1

Amendment of the Health and Health Care Act

(GuKG-Novelle 2013)

The Health and Health Care Act-GuKG, BGBl. I n ° 108/1997, 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 " § 28a ... EEA-Professional authorisation " through the row " § 28a ... EEA recognition " replaced.

2. In the table of contents the line is deleted " § 65b ... Individual compliance " .

3. In the table of contents, the line " § 65c ... Accreditation Advisory Board " through the row " § 65c ... Health and Nursing Advisory Board " replaced.

4. § 2a 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;

5. § 2a Z 4 to 6 shall be deleted.

6. § 5 (3) reads:

" (3) On request

1.

to the patients, clients or people in need of care,

2.

their legal representatives, or

3.

persons empowered by the patients, clients or persons in need of care,

To grant access to the care documentation and to enable copies to be made against cost replacement. "

7. In Section 15 (5), the word in Z 6 shall be: "and" and in Z 7 the point is replaced by a dash and the following Z 8 is added:

" 8.

Guidance and instruction of patients as well as persons to whom individual medical activities have been assigned in accordance with § 50a or § 50b ÄrzteG 1998, in accordance with the medical arrangement. "

8. The following paragraph 8 is added to § 15:

" (8) Within the scope of the responsible area of activity, members of the upper service for health and nursing care are entitled, according to medical arrangements according to para. 1 to 4, to persons according to § 50a Medical Association 1998 individual medical To carry out activities further and to provide the necessary guidance and instruction. They shall ensure that they have the necessary skills to carry out the activities and indicate the possibility of rejecting the transfer of the relevant medical activities separately. Other measures required by family law and property law shall remain unaffected. "

9. The heading to § 28a reads:

"EWR recognition"

10. § 28a (1) reads:

" (1) The Federal Minister of Health has issued a contract from a State Party to the Agreement on the European Economic Area (EEA Contracting State) or the Swiss Confederation in the upper-level service for health and nursing care. To recognise qualifiers according to § § 29 or 30 on application as qualification certificates in the appropriate higher-level service for health and nursing care. "

11. In Section 28a (2), the word sequence shall be deleted "a national of an EEA Contracting State or of the Swiss Confederation" .

12. § 28a (3) and (4) are deleted.

13. § 28a (5) Z 1 reads:

" 1.

proof of nationality, "

14. In § 28a (6), the phrase in the second sentence shall be: "Admission to professional practice" by the word "Recognition" replaced.

15. § 28a (7) reads:

" (7) Persons who, on the basis of substantial differences between the qualifications required under this federal law and acquired in the country of origin, are recognised in the upper-level service for health and nursing care under the condition the completion of compensatory measures shall be entitled to exercise the care aid within two years from the date of the approval of the recognition certificate; this period shall not be renewable. "

16. In § 28a (8) the phrase in the first sentence shall be: "Admission to professional practice" by the word "Recognition" and in the second sentence, the word "Occupational Admission Notification" by the word " Recognition decision " replaced.

17. In § 30 (2), the phrase in the first sentence shall be: "Admission to professional practice" by the word "Recognition" and the expression "Section 28a (4)" by the expression "§ 28a (1)" and in the second sentence, the word "Professional authorisation" by the word "Recognition" replaced.

The second sentence of Article 32 (6) reads as follows:

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

Article 32 (6) of the third sentence is deleted.

20. The following paragraphs 5 and 6 are added to § 36:

" (5) In the course of the professional professional exercise, members of the upper service for health and nursing care have the people who have been taken care of and cared for, or who are empowered to represent their legal or authorised representative. Persons, in particular

1.

the care diagnosis,

2.

the planned process of care and care,

3.

the cost of care and care, and

4.

professional insurance cover

to inform. In the context of the information on the costs of care and care, it is also necessary to inform, in particular, what care costs are provided by the corresponding domestic institution of social security, health care, or any other care. Cost carriers are expected to be taken over and which are to be borne by the patient or client concerned. In this context, it is necessary to ensure that, in all cases, the costs charged to the person concerned are calculated on the basis of objective, non-discriminatory criteria.

(6) After a service has been performed, the member of the upscale service shall have health and nursing care, provided that the benefit is not directly with a domestic institution of social security or health care or with any other person. The cost carrier shall be charged with providing a clear account of the invoice, which satisfies the requirements for a tax enforcement and refund. "

21. § 40 (2) and 91 (2) shall be as follows:

"(2) The Landeshauptmänner and the Federal Minister of Health shall be notified of the withdrawal of the professional authority pursuant to paragraph 1."

The second sentence of Article 40 (3) and Article 91 (3) of the second sentence shall be as follows:

"The state main men and the Federal Minister of Health are to be notified."

23. In § 65a (1), second sentence, the word "Accreditation advisory board" by the word "Health and Nursing Advisory Board" replaced.

24. § 65b together with the title shall be deleted.

25. The heading to § 65c is:

"Health and Nursing Advisory Board"

26. § 65c (1) reads:

"(1) The Federal Ministry of Health shall establish a health and nursing advisory board for matters of compliance in accordance with § 65a as well as for advice in technical matters of this federal law."

27. In § 65c (2), (4), (5) and (6), the word shall be "Accreditation advisory board" or "Accreditation advisory board" by the word "Health and Nursing Advisory Board" or "Health and Nursing Advisory Board" replaced.

28. § 87 (1) and (2) reads:

" (1) The Federal Minister of Health has persons who have been issued by an EEA State Party or the Swiss Confederation a certificate of qualification in the care aid, on application to the qualification certificate in the care aid .

(2) The Governor of the State shall have persons who are proof of qualification from an EEA Contracting State or of the Swiss Confederation as a

1.

Diplom-Sozialsupervisor, with a focus on the work of the elderly, with a focus on family work or with a focus on disability work or

2.

Subject-Social advisors with a focus on geriatric work or with a focus on disability work

was issued on application to recognise the qualification certificate in the care aid. "

29. § 87 (2a).

30. In § 87 (3), the word order "Admission to professional practice" by the word "Recognition" and the expression " 2 and 2a " by the expression " 1 and 2 " replaced.

31. § 87 (6) reads:

"(6) § 28a (2), (5) and (6) shall apply."

Section 87 (7), first sentence reads as follows:

" In cases where, in accordance with paragraph 3, recognition is linked to the condition of successful completion of a compensatory measure, compliance with the prescribed compensatory measure shall be:

1.

in cases of paragraph 1 of the Federal Minister for Health and

2.

in cases of paragraph 2 of the Landeshauptmann

in the notice of recognition. "

33. The text of § 116a shall be replaced by the sales designation "(1)" , the following paragraphs 2 and 3 are added:

" (2) The proceedings in accordance with Section 65b which are pending at the end of 30 June 2015 shall be continued and concluded after the legal situation in force before that date.

(3) For persons who are before the 1. January 2014 the suspension of the proceedings pursuant to Section 28a (7) in the version before the Novelle BGBl. I n ° 185/2013, the second to fourth sentences of § 28 (7) shall apply in the version prior to the amendment to the Federal Law Gazette (BGBl). I No 185/2013. "

34. The following paragraphs 16 to 18 are added to § 117:

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

(17) With 1. Jänner 2014

1.

the entry to § 28a in the table of contents, the title to § 28a, § 28a para. 1, 2, 5 Z 1 and para. 6 to 8, § 30 para. 2, § 32 paragraph 6, § 87 para. 1, 2, 3, 6 and 7 and § 116a paragraph 3 in the version of the Federal Law BGBl. I No 185/2013 in force and

2.

§ 2a Z 4 to 6, section 28a (3) and (4) and section 87 (2a).

(18) With effect from 1 July 2015

1.

the entry to § 65c in the table of contents, § 65a (1), the title to § 65c and § 65c (1), 2, 4 to 6 in the version of the Federal Law BGBl. I No 185/2013 in force and

2.

the entry to § 65b in the table of contents and § 65b, together with the title, overrides the entry. "

" Article 2

Amendment of the MTD Act

(MTD Act-Novelle 2013)

The federal law on the regulation of high-end medical-technical services (MTD law), BGBl. No. 460/1992, 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 § § 3 to 5 ... Professional authority " through the row " § § 3 and 4 ... Professional authority ".

2. The table of contents contains the rows " § 6 ... Nostrification "and" § 6a ... Supplementary training and examination ".

3. In the table of contents, the line " § 6b ... Admission to the profession-EEA " through the row " § 6b ... EEA recognition " replaced.

4. In the table of contents, the line " § 7b ... Advertising restriction " through the row " § 7b ... Advertising restrictions, information and financial reporting " replaced.

5. In the table of contents, after the line " § § 11c ... Confidentiality of Obligations " the following lines are inserted:

" § 11d

Obligation to continue

§ 11e

Reregistration "

6. The table of contents eliminates the second section.

7. In § 3 (1), at the end of Z 3, the word "and" by a dash and at the end of the Z 4 the point by the word "and" , the following Z 5 shall be added:

" 5.

to the health care register in accordance with the health-care register law, BGBl. I No xx/201x, registered. "

8. In Section 3 (6) (1), the word order shall be deleted "to change," and in Z 3 the phrase "the change," .

9. § 5 deleted.

10. The heading to § 6b reads:

"EWR recognition"

11. § 6b (1) reads:

(1) The Federal Minister (s) for Health has issued certificates of qualifications issued by a State Party to the Agreement on the European Economic Area (EEA Contracting State) or the Swiss Confederation in an upscale medical-technical service equivalent to a diploma in accordance with Article 11 (c), (d) or (e) of Directive 2005 /36/EC on the recognition of professional qualifications, on application as proof of qualification in the relevant upper-level medical-technical service. "

12. In § 6b (2), the word order shall be deleted "one (one) national of an EEA Contracting State or of the Swiss Confederation" .

13. § 6b (3) and (4) shall be deleted.

14. In § 6b (5) the word order shall be "Admission to professional practice" by the word "Recognition" replaced.

Section 6b (6) Z 1 reads as follows:

" 1.

proof of nationality, "

16. In § 6b (6), Z 3 and 4 as well as the second sentence are deleted.

17. In Section 6b (7), the phrase in the second sentence shall be: "Admission to professional practice" by the word "Recognition" replaced.

18. In § 6b (8) last sentence, the word "Authorisation procedure" by the word "Recognition Procedure" replaced.

19. The following paragraph 9 is added to § 6b:

" (9) In cases where, on the basis of substantial differences between the qualification required under this Federal Act and the qualification acquired in the country of origin, recognition of the condition of successful completion of a compensatory measure shall be subject to compliance with the prescribed compensatory measure by the Federal Minister of Health (in) for health in the letter of recognition. The right to exercise the appropriate high medical-technical service shall be established only with registration. "

20. § 6c (1) and (2) reads:

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

1.

is the exercise of the appropriate higher medical-technical service in Austria under the responsibility of a qualified professional or in connection with an appropriate university of applied sciences degree programme in accordance with § 3 Paragraph 4,

2.

, if necessary, has to be accompanied by an additional training at a corresponding university of applied sciences in accordance with Section 3 (4) of the German Federal Law of Applied Sciences,

3.

is from the respective college of the University of Applied Sciences or to evaluate the institution for the implementation of the universities of applied sciences of applied sciences and

4.

may be completed within the framework of a service.

(2) An adaptation period shall require the written consent of the respective college of the University of Applied Sciences. the institution for the implementation of universities of applied sciences (Fachhochschul-BachelorstudiProgrammes) He has at those facilities according to the FH-MTD-Training Ordinance, BGBl. II No 2/2006, which will ensure the acquisition of the necessary technical and methodological skills for the exercise of the profession. "

21. § 6c (4) Z 2 reads:

" 2.

after the completion of the adaptation period, the respective college of the university of applied sciences or To present the institution for the implementation of the universities of applied sciences in order to carry out the evaluation "

22. § 6d (1) reads:

" (1) An aptitude test in accordance with § 6b (5) is an examination subject exclusively to the professional knowledge and skills of the applicant (-in) at a corresponding university of applied sciences degree course in accordance with § 3 (4), with which the Ability of the applicant (-in) to exercise the relevant high-level medical-technical service in Austria, from the respective college of the university of applied sciences or the institution for the implementation of the universities of applied sciences of applied sciences is assessed. "

Section 6e (2) reads as follows:

" (2) A confirmation from the respective college of the University of Applied Sciences or the University of Applied Sciences is confirmed by the completed adaptation period or the aptitude test. to issue the institution for the implementation of universities of applied sciences (Fachhochschul-BachelorstudiProgrammes). The confirmation is to be signed and with the Stampiglie of the University of Applied Sciences and/or to provide the institution for the implementation of universities of applied sciences of applied sciences. "

Section 6e (3) is deleted.

25. The heading to § 7b reads:

"Advertising restriction, duty of information and accounting"

26. The text of § 7b shall be replaced by the sales designation "(1)" ; the following (2) and (3) are added:

" (2) In the course of the professional professional exercise, members of an upper medical-technical service shall have the patients who have been taken to the treatment (patients) or the persons authorised to represent them by law or by their authorised representative. in particular,

1.

the planned course of treatment;

2.

the cost of the treatment and

3.

professional insurance cover

to inform. In particular, in the context of the information on the costs of the treatment, it is also necessary to provide information on the treatment costs incurred by the corresponding domestic institution of the social security, health care or other expenses incurred by the institution concerned. is expected to be taken over and which are to be borne by the patient (patient) or client (client). In this context, it is necessary to ensure that, in all cases, the costs charged to the treated person are calculated on the basis of objective, non-discriminatory criteria.

(3) After a service has been performed, the (the) members of the upper medical-technical service shall have the right to do so, provided that the service does not directly apply to a domestic institution of social security or health care or to any other cost-holder. shall be charged with a clear calculation of the invoice, which satisfies the requirements for a tax enforcement and refund. "

Article 8a (9) reads as follows:

" (9) The Landeshauptmann (woman) shall inform the Federal Chamber of Labour of the following data of the service provider within two weeks of the conclusion of the procedure, on the persons notified in accordance with para. 2:

1.

Pre- and family-or Surname, where applicable, birth name,

2.

any academic degrees,

3.

birth date and place of birth,

4.

nationality,

5.

Proof of completed vocational training. "

28. § 11 (2).

29. § 11a (2) reads:

" (2) On request

1.

the affected patients (-inside) or clients (-),

2.

whose legal representatives (-on the inside) or

3.

persons empowered by the patients concerned (-inside) or by clients (-),

To provide insight into the documentation and to enable the production of copies against cost replacement. "

30. In accordance with § 11c, the following § 11d and 11e shall be inserted together with the headings:

" Continuing training

§ 11d. (1) Members of the upper medical-technical services shall be obliged to:

1.

Information on the latest developments and findings of the respective medical-technical service as well as medical science or

2.

Deepening the knowledge and skills acquired in training

Within a period of five years in each case, you must attend courses lasting at least 40 hours.

(2) A confirmation of the duration and content of the training shall be issued on the visit to a further training programme.

Reregistration

§ 11e. (1) In accordance with § 11d, members of the higher-level medical-technical services shall be re-enlisted for a period of five years in accordance with § 11d.

(2) Reregistration shall be carried out in accordance with the provisions of the Health-care Registry Act. "

31. § 12 (2) reads:

"(2) The Landeshauptmänner and the Bundesarbeitskammer (Federal Chamber of Labour) shall be notified of the withdrawal of the professional authority in accordance with paragraph 1."

32. § 12 (3) second sentence reads:

"The state main men and the Federal Chamber of Labour are to be notified."

33. The second section is deleted.

34. The following paragraph 4 is added to section 34a:

" (4) § 6b (9) in the version of the Federal Law BGBl. I No 185/2013 shall apply to the adoption of a certificate issued after 31 December 2013. '

35. According to § 34a, the following § 34b is inserted:

" § 34b. Training courses in medical and technical academies, which are available before 1. January 2019 shall be started and shall be completed in accordance with the provisions in force prior to that date. "

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

" Transitional provision on the health-care register-Law

§ 34c. (1) Persons entitled to practise in an upscale medical-technical service pursuant to the provisions of this Federal Law on 31 May 2015 shall register with the Federal Chamber of Labour until 31 December 2016.

(2) relatives of the upper medical-technical services before the entry into force of the Federal Law BGBl. I n ° 185/2013 issued professional cards until the issue of a professional card according to health-care register law, but at the latest until 31 December 2016, their validity. "

37. In § 35 Z 2 the word order is deleted "when carrying out the aptitude test on or in the adaptation course at or in connection with a university of applied sciences degree course" .

38. § 35a 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;

39. § 35a Z 4 to 6 are deleted.

40. The following paragraphs 15 to 18 are added to § 36:

" (15) With 25. October 2013 the entry to § 7b in the table of contents, § 3 (6) Z 1 and 3, § 7b together with the title, § 11a para. 2, § 34 b and § 35a Z 3 in the version of the Federal Law BGBl. I No 185/2013 in force.

(16) With 1. Jänner 2014

1.

the entry to § 6b in the table of contents, the title to § 6b, § 6b (1), (2) and (5), (6) (1), (7) to (9), § 6c (1) and (2), § 6c (4) (2), § 6d (1), § 6e (2), 34a (4) and 35 (Z) 2, as amended by the Federal Law BGBl (Bundesgesetz BGBl). I No 185/2013 in force and

2.

Section 6b (3) in the version of the 1. Administrative jurisdiction-Adaptation Act-Federal Ministry of Health, BGBl. I No 80/2013, § 6b (4), § 6e (3) and § 35a Z 4 to 6.

(17) With 1. Jänner 2019 will override the entries in the second section and the second section in the table of contents. "

(18) With 1 June 2015

1.

the entries for § § 3 and 4 and § § 11d and 11e in the table of contents, § 3 paragraph 1 Z 3 to 5, § 6b para. 6 Z 3 and 4, § 8a (9), § § 11d and 11e, including headlines, § 12 para. 2 and 3 as well as § 34c, including the title in the version of the Federal Law BGBl. I No 185/2013 in force,

2.

the entries relating to § § 6 and 6a in the table of contents, § 5 and section 11 (2) repeal, as well as

3.

§ 6b para. 9, second sentence, except force. "

Fischer

Faymann