Amendment Of The University Act 2002

Original Language Title: Änderung des Universitätsgesetzes 2002

Read the untranslated law here: http://www.ris.bka.gv.at/Dokumente/BgblAuth/BGBLA_2013_I_176/BGBLA_2013_I_176.html

176. Federal Act 2002 amends the University Act

The National Council has decided:

The University Act 2002 - UG, Federal Law Gazette I no. 120/2002, as last amended by Federal Law Gazette I no. 79/2013, is amended as follows:

1 the text of § 6 is preceded by the sales designation (1); following paragraph 2 to 6 shall be added:

"(2) universities are established by federal law and abandoned.

(3) two or more universities can be United by federal law.

(4) an initiative to an association can also arise from two or more universities. Based matching decisions of participating university councils and rectors, as well as to the opinion of the respective Senate the Federal Minister or the Federal Minister may submit a proposal on the amendment of paragraph 1, as well as establishing the necessary further statutory provisions (Association framework). An association can be effective only with the beginning of a new period of the performance agreement.

(5) the decisions for an initiative to an Association have to contain: 1. a proposal to regulate the succession, as well as to the future name of the University;

2. set the desired date of effect of the Association;

3. a preliminary joint organisation and development plan that was created, taking into account the organizational and development plans of the participating universities;

4. in the case of participation of a medical University a proposal for rules in the organization plan, ensure that the resources necessary for the fulfilment of their tasks; assigned to the medical organization unity associated institutes, clinics etc.

5. a proposal for transitional provisions regarding the Supreme management bodies at the latest within one year after the effective date of the Association and the legally established collegiate organs, as well as 6 a proposal for transitional provisions relating to the institutions established in accordance with the organizational plan of the participating universities and bodies.

(6) is an initiative to an association referred to in paragraph 4, including the supplements referred to in paragraph 5, the Minister or the Minister to consider the appropriateness of the association with regard to the objectives, the guiding principles and tasks of universities (sections 1 to 3) and report of the Federal Government. An initiative to an Association of universities can be constitutionally envisaged way of federal legislation but also by the Federal Minister or the Federal Minister himself."

2. at § 22 para 3 following sentences are added:

"A medical faculty is furnished, in accordance with the organizational plan of the University anyway, a Vice Rector or a Vice Rector for the medical field is to be provided, thus by way of derogation from the first set the number of members of the Rectorate accordingly can increase. The Vice Rector, or the Vice-Rector for the medical sector is simultaneously Manager or head of the faculty."

3. the 3 subsection of the 1st section of I part is:

"3. subsection

Special provisions for the clinical areas of medical universities and the universities where a medical school is set up

Organization

29. (1) the medical universities in accordance with § 6 Z 4-6 or the universities, where a medical school is set up, meet their research and teaching in the clinical field in conjunction with public hospitals.

(2) the organizational structure of the clinical area of the Medical University and the medical school and the hospital are to coordinate. This also those establishments Medical University or the Faculty of medicine are set, which are required to support the teaching and research tasks of the clinical area. Prior to the construction of the organizational plan for the clinical area, the Rectorate has to produce therefore the agreement reached with the needing. The organizational plan for the clinical area requires the consent of the Minister or the Federal Minister.

(3) the Medical University or the University of a faculty is established, is entitled to participate in a society to guide the operation of the hospital.

(4) the Medical University or the University of a faculty is established, has the following obligations: 1. has to instruct her in workers the use of medical or dental and workers with the participation in the tasks of the organizational units of the clinical area as facilities of the hospital. This participation is the legal entity of this hospital and not the Medical University or University of a faculty is established, attributable to. A working relationship with the legal entity of the Hospital thus not justified.

2. it has to collect the necessary data and information of all organizational units beyond the requirements of research and teaching to the investigation and handling of the clinical overhead based on business criteria, document, and evaluate. Medical University or the University of a Faculty of medicine is set up, has as of 1 January 2007 the result of its determination of power refunding pursuant to article 55 of the Federal law on hospitals and sanatoria (KAKuG), Federal Law Gazette No. 1/1957, reason to place, if not in a regulation referred to in article 56 KAKuG or in an agreement referred to in paragraph 5 is made by another regulation.

3. she must create a medium-term planning for all of its facilities, which wholly or partly serve the needs of research and education and lead to additional costs within the meaning of § 55 KAKuG. This planning, as well as new purchases must be made in accordance with the needs for research and teaching in accordance with the principles of economy, efficiency, and practicality, as well as in consultation with the other institutions and the hospital purchases.

(5) the Medical University or the University of a Faculty of medicine is set up, has to strike a deal on cooperation in organization units to the clinical area of Medical University and faculty belonging to the operation of each and forming a part of the public hospital at the same time with the legal entity of the hospital after approval by the Federal Minister or the Federal Minister under consideration on the service agreement in accordance with article 13 , which also includes the mutual services and its evaluation. In this the cooperation agreement is also set, that University members use no. 4 in medical or dental use, who are charged with participation in the tasks of the organizational units of the clinical area as facilities of the hospital, in a calculation period of 26 weeks at least 30vH the normal working time of that members of the University, in relation to the relevant organizational unit, in accordance with article 94, paragraph 1 for university teaching and research.

(6) tasks of public health can be transferred against reimbursement of costs the organizational units, a medical university or a Faculty of medicine.

(7) the Director, or the Director of the University Clinic for dentistry, oral and maxillofacial surgery of the Medical University of Vienna has the right to conclude contracts for the provision of dental benefits on behalf of the Medical University of Vienna.

(8) the performance of duties in the framework of a public hospital and the possible tasks in the framework of the health care system is exempted from the autonomous care by the Medical University or the University of a faculty is established.


(9) the Medical University or the University of a faculty is established, can serve for the fulfilment of their tasks pursuant to par. 1 of also the staff of the legal entity of the hospital. This is with the consent of the Minister or the Federal Minister through the Medical University or the University of a Faculty of medicine is set up, to strike a deal, taking on the performance agreements in accordance with article 13, with the legal entity of the hospital in particular both the suitability of staff, as well as the scope of activity in teaching and research, the necessary expenses and designs over the authority of the Rector or Rector with regard to the tasks of the University specifically entrusted officials of the Legal entity which includes hospital. The need for the Medical University or University of a faculty is established, and the qualification of staff are taken into account. For the activity of these staff in the context of research and teaching, Z § 2 is to apply 1 to 3. The specific entrustment of or of the employees based on the qualification of the person concerned in research and teaching by the Rector or the Rector. A working relationship with the Medical University or University of a faculty is established, is not caused by the fact. The staff entrusted specifically with scientific tasks of the Rector of the legal entity of the hospital are equal members of the University according to § 94 paragraph 2 No. 2. An opinion of the Senate must be obtained before submission of the agreement to the Minister or the Federal Minister.

Ethics Commission

Section 30 (1) at each medical university or at any University at a medical school is set up, is by the Senate to the evaluation of clinical trials of medicinal products and medical devices, to set up an Ethics Commission the application of new medical methods and applied medical research on humans.

(2) the ethics committees have to comply with the requirements of § 8 c paragraph 1 to 5 and 7 KAKuG.

(3) the Ethics Committee has to give an order. This is to bring the University Council and the legal entity of the hospital in the way of the Rector or Rector.

(4) the members of the Ethics Commission are subject to instructions by officials of the hospital nor instructions of the organs of the University in this function.

Outline of the clinical area

The clinical area of a medical university or a Faculty of medicine includes 31 (1) those facilities which are functional organizational units of public hospitals.

(2) the organizational units, a medical university or a Faculty of medicine, in which, in the context of hospitals in addition to research and teaching medical or dental services are provided directly on humans, use the title "University Hospital".

(3) the organizational units, a medical university or a Faculty of medicine, in which, in the context of hospitals in addition to research and teaching medical services are provided indirectly for the people, carry the designation "Clinical Institute".

(4) the University clinics and clinical institutes can be broken into "Clinical departments". In this case the medical tasks to be carried out in accordance with § responsibility for whether the head or the head of the clinical Department 7 b 1 KAKuG.

Leadership roles in the clinical field

Section 32 (1) to the head or to the head of an organizational unit or a clinical Department of a medical university or a Faculty of medicine, the at the same time the function of a health department or a gleichzuwertenden institution of public hospitals (section 7 (4), Article 7a, paragraph 1 and paragraph 7 (b) par. 1 and 2 KAKuG) has, may be ordered by the Rector's Office with relevant medical or dental qualification only a University Professor or a University Professor. To the substitute or Deputy head or head of a member of the University or a member of the University with the appropriate qualifications as specialist or consultant or dentist or dentist may be ordered. Before ordering, opportunity to comment is the legal entity of the hospital to give.

(1a) the head or the head of an organizational unit or a clinical Department of a medical university or a Faculty of medicine, the at the same time the function of a health department or a gleichzuwertenden institution of public hospitals (§ 7 para 4, Article 7a, paragraph 1 and paragraph 7 (b) par. 1 and 2 KAKuG) has, can by the Rector's Office due to a serious breach of duty, a criminal conviction, due to lack of health fitness or a justified trust of her or his function recalled are. Before the dismissal, opportunity to comment is the legal entity of the hospital to give.

(2) the order to the Director or to the head as well as to the Deputy or Deputy head or head of one has called OU or a clinical Department in para 1 first time must be limited in time.

(3) the first-time inclusion of organizational units of a hospital in the clinical field, a medical university or a University of a faculty is established, is effective when ordering a University Professor or a University Professor in accordance with article 98 as the head or the head of the concerned organizational unit (University Clinic, clinical Institute, clinical Department) referred to in paragraph 1 each only at the same time.

Reimbursement of costs to the hospital institution

§ 33. The medical universities and the universities where a medical school is set up, are obliged to pay the cost dentures in accordance with § 55 KAKuG called the Confederation on the respective legal entity of the hospital. The cost dentures of the Federal Government for new clinic buildings and clinic reconstruction projects, as well as for the initial setup of these buildings are excluded.

Representatives of doctors and dentists

§ 34. In the clinical field, a medical university or a faculty make physicians and doctors and dentists and dentists with the exception of the leaders and heads of organizational units (§ 32) have to carry out the tasks referred to in article 3, par. 3 of the hospitals working time Act, Federal Law Gazette I no. 8 / 1997, to choose five representatives or representatives from among their members.

Teaching hospital

§ 35. departments of hospitals that do not belong to the clinical field of a medical university or a faculty, can the medical universities and the universities where a medical school is set up, with the consent of the legal entity of the hospital to improve and intensification of practical medical education will be used. Several departments of these hospitals are constantly used for this purpose, the designation "Teaching hospital" may be conferred by the relevant medical university or of the concerned University of a Faculty of medicine is set up, this hospital."

4. section 66 paragraph 1b is:

"(1B) admission to the school is void if that or the students at one for him or her under the introductory and prescribed orientation phase examination in the last repetition is negatively assessed." The recent admission to this program can be requested at the earliest in deviation from § 63 paragraph 7 for the third following semester after the expiration of the registration. The renewed authorisation can be requested twice. After each renewed approval are the total number of repeat audits in the introductory and orientation phase referred to in paragraph 1a. third sentence available to the students or the student"

5. According to article 123, 123a following sections and 123 b shall be inserted:

'Transitional arrangements for the establishment of a medical school

section 123a. In accordance with section 29, paragraph 9 are penultimate sentence specifically responsible officials of the legal entity of a hospital during the first three years from the date of the establishment of a Faculty of medicine provided for in the establishment plan of the University organization legally only then the universities according to § 94 paragraph 2 Z 2 equated, if are these in a calculation period of 26 weeks at least 30vH the normal working time on the respective organizational unit with tasks of University teaching and research entrusted.

the development plan for professors and university professors in the clinical and Nichtklinischen area according to article 98, paragraph 1 to provide for the appropriate bodies dedications has § 123 b. (1) when establishing a medical school.


(2) before the appointment of evaluators and reviewers in accordance with article 98, paragraph 3, the professors represented in the Senate and university professors have to obtain proposals of at least two professors or university professors of the Department of at least two other universities. There are at least three external evaluators or experts to order.

(3) the Appeal Commission professors and university professors of the Department of at least two other universities have to belong to.

(4) an appeal according to § 99 can be done only in very exceptional cases. In such cases the Rector or Rector has the professors and the University professors after consulting at least two professors or university professors of the professional range of at least two other universities to choose from. The two professors or university professors of the professional range of at least two other universities by the Rector or the Rector is selected after consultation with the Senate."

6. after the 5th section of the VIII. part is the following 5a. Section included:

"5a. section"

Association of universities

Succession

section 140a. (1) two or more universities can be United by federal law (§ 6 paragraph 3 to 6). The Association standard rules pursuant to section 6 para 4 have to set even the succession.

(2) is not the right nachfolgende University, a medical University involved in an association a medical faculty is in this area of law-related University by the organization plan to set up.

(3) the rights and obligations arising out of the performance agreements of participating universities go over with the date of effect of the Association in accordance with § 6 paragraph 3 to 6 on the right nachfolgende University.

Transitional provisions for the articles of Association, the Organization and the development plan

§ 140 b. (1) Notwithstanding article 22, paragraph 1 Z 1 have to decide the Senates of the universities involved, taking into account the respective statutes until the association according to § 6 paragraph 3 to 6 a preliminary common statutes and to be published in the information bulletin of the participating universities.

(2) until no later than three years from the date of effect of the Association in accordance with § 6 paragraph 3 to 6 are to adopt a Charter, a development and an organisation chart of the competent organs of law-related University and to be published in the bulletin. The preliminary joint statute referred to in paragraph 1 as well as the preliminary organizational and development plan § 6 para 5 remain in accordance with Z 3 until that time in force.

Transition from rental of real estate, buildings and premises

§ 140c. (1) given to the property rented by the participating universities, buildings and premises go over with the effective date of the Association (date), to the exclusion of the legal consequences of Articles 12a and 46a of the tenancy law of forest succession on the right nachfolgende University.

(2) on the date referred to in paragraph 1, the right nachfolgende University also known as Verpächterin or Fauvist instead of the universities involved in the existing lease and rental contracts occurs.

Transition of personnel

§ 140d. (1) civil servants and officials who belong to the participating universities in the sense of § 125 ABS. 2 a day before the effect of the Association in accordance with § 6 paragraph 3 to 6 belong to the Office of law-related University from the following date day for the duration of the service level and are assigned to this University to the ongoing services, as long as they are not transferred to any other Federal Department.

(2) applies for the workers and employees of participating universities the association according to § 6 paragraph 3 to 6 as a transfer of an undertaking pursuant to article 3 of the labour contract law adjustment Act AVRAG, BGBl. No. 459/1993. These are the AVRAG, as well as the provisions related to the transfer of an undertaking of the labour Constitution (labor Constitutional Act - ArbVG), Federal Law Gazette No. 22/1974, to apply. On those that workers and employees, in accordance with article 126 par. 1 in an employment relationship to the one of the participating universities have been transferred and the day prior to the date of the effectiveness of the Association are not subject to a collective agreement in accordance with section 108, is further apply article 126 par. 4.

(3) a teaching certificate at a participating University conferred (§ 103) shall apply from the date of effect of the Association in accordance with § 6 paragraph 3 to 6 as a teaching certificate awarded by the law-related University.

Transitional provisions for the representation of the interests of the workers and employees

§ 140e. (1) as from the date of effect of the Association in accordance with § 6 paragraph 3 to 6 the works councils in accordance with section 135, paragraph 3, of the participating universities form a Works Council. The works councils are to choose at the latest within one year of the effect be of the Association in accordance with § 6 paragraph 3 to 6. The term of Office of works councils ends with the Constitution of the newly-elected councils.

(2) in terms of the operating agreements of the participating universities, § 31 section 7 applies ArbVG.

Study legal transitional provisions

§ 140f. They apply to the participating universities decorated diploma, Bachelor, master and doctoral studies furnished from the are of the Association in accordance with § 6 paragraph 3 to 6 as to the law-related University. These studies the respective curricula in the version applicable at the date of effect of the Association shall continue to apply, and the curricula may be amended also pursuant to § 25 para 1 Z 10. To graduates of the studies that academic degrees are each to give that are intended for the date of effect of the Association for the respective studies. b: transcultural subject communication section 80 and section 80 are to apply by analogy. Be in place existing studies pursuant to § 54 para 1 Bachelor and master studies established appropriate transitional provisions are in the curricula of the section 80, subsection 2 and section 80a paragraph 2: transcultural subject communication to be provided.

Other provisions

§ 140 g. The right nachfolgende University and the participating universities in accordance with § 6 paragraph 3 to 6 are exempt from all incurred fees and charges with respect to the Association. Court and judicial administrative fees are excluded.

§ 140 h. Civil contractual relationships between the law-related University and the participating universities go out with the effective will of the Association (section 1445, paragraph 1 ABGB)."

Fischer

Faymann