1. Verwaltungsgerichtsbarkeits Adjustment Act Federal Ministry Of Health

Original Language Title: 1. Verwaltungsgerichtsbarkeits-Anpassungsgesetz – Bundesministerium für Gesundheit

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80. Federal Law, with which the Health and Health Care Act, the Hebammengesetz, the Medical Assistance Law, the Medical Mass And Health Insurance Act, the MTD Act, the Sanitary Act, the Dental Act, the Dental Law, the Medical Law 1998, the Health and Nutrition Security Act, the Epidemiegesetz 1950, the tuberculosis law, the law on pharmacies, the law on salaries in 2002, the pharmacerkammergesetz 2001, the animal health law, the Animal health law, the Animal Welds Act, the Veterinary Act, the The Animal Health Protection Act, the Bangseuchen-Gesetz, Federal Law for the Implementation of directly applicable EU legislation in the field of animal welfare, the Food Safety and Consumer Protection Act and the Food Act (1). Administrative Justice-Adaptation Act-Federal Ministry of Health)

The National Council has decided:

table of contents

Article 1

Amendment of the Health and Health Care Act

Article 2

Amendment of the Hebammen Act

Article 3

Amendment of the Medical Assistants ' Law

Article 4

Amendment of the Medical Mass And Medicinal massacre law

Article 5

Amendment of the MTD Act

Article 6

Amendment of the Sanitary Act

Article 7

Amendment of the Dentist Act

Article 8

Amendment of the Dentist Protection Act

Article 9

Amendment of the Medical Act 1998

Article 10

Amendment of the Health and Food Safety Act

Article 11

Amendment of the Epidemiegesetz 1950

Article 12

Amendment of the Tuberculosis Act

Article 13

Amendment of the pharmacy law

Article 14

Amendment of the salary collection law 2002

Article 15

Amendment of the Pharmacerkammergesetz 2001

Article 16

Amendment of the Animal Health Act

Article 17

Amendment of the Animal Health Act

Article 18

Amendment of the Animal Protection Act

Article 19

Amendment of the Tierärztegesetz

Article 20

Amendment of the Tierärztekammergesetz

Article 21

Amendment of the Bangseuchen Law

Article 22

Amendment of the Federal Law for the Implementation of directly applicable EU legislation in the field of animal welfare

Article 23

Amendment of the Food Safety and Consumer Protection Act

Article 24

Amendment of the Food Law 1975

Article 1

Amendment of the Health and Health Care Act

The Health and Health Care Act-GuKG, BGBl. I n ° 108/1997, as last amended by the Federal Law BGBl. I n ° 89/2012, will be amended as follows:

1. In § 28a (3) (3), after the word "Asylum court" the phrase "or the Federal Administrative Court" inserted.

2. § 34 (7).

3. § 36 (3) shall be deleted.

4. § 39 (6) last sentence is deleted.

5. § 40 (4).

6. § 50 (4) is deleted.

Section 60 (5) is deleted.

8. § 64 (4) is deleted.

9. § 65 (5) last sentence is deleted.

10. § 91 (4) is deleted.

11. § 96 (3) deleted.

12. § 102 (5) deleted.

13. § 104a (4) deleted.

14. The following paragraph 15 is added to § 117:

" (15) With 1. Jänner 2014

1.

Section 28a (3) Z 3 in the version of the Federal Law BGBl. I No 80/2013 in force and

2.

§ 34 (7), § 39 (6), last sentence, § 40 (4), § 50 (4), § 60 (5), § 64 (4), § 65 (5) last sentence, § 91 (4), § 96 (3), § 102 (5) and § 104a (4). "

Article 2

Amendment of the Hebammen Act

The Hebammengesetz-HebG, BGBl. No. 310/1994, as last amended by the Federal Act BGBl. I No 74/2011, is amended as follows:

1. In § 12 para. 2 Z 3, after the word "Asylum court" the phrase "or the Federal Administrative Court" inserted.

2. § 12 (7).

3. § 17 (4) deleted.

4. § 21 (6) last sentence is deleted.

5. § 38 (3).

6. In § 42b the sales denomination "(1)" and paragraph 2.

7. The following paragraph 8 is added to § 62a:

" (8) With 1. Jänner 2014

1.

§ 12 (2) Z 3 and § 42b in the version of the Federal Law BGBl. I No 80/2013 in force and

2.

§ 12 (7), § 17 (4), § 21 (6), last sentence, § 38 (3) and § 42b (2) repeal. "

Article 3

Amendment of the Medical Assistants ' Law

The Medical Assistant Occupation Law (MABG), BGBl. I n ° 89/2012, will be amended as follows:

1. In § 16 (3) (3) (3), after the word "Asylum court" the phrase "or the Federal Administrative Court" inserted.

2. § 19 (4) deleted.

3. In § 19 (5) the phrase is deleted "as well as appellate notification in accordance with paragraph 4" .

4. § 22 (5) deleted.

5. In § 23 (2), the expression " 3 to 5 " by the expression " 3 and 4 " replaced.

6. § 36 (4) deleted.

7. In § 38 (2), (4) and (5), the last sentence is deleted.

8. The following paragraph 3 is added to § 42:

" (3) With 1. Jänner 2014

1.

§ 16 (3) (3) (3), § 19 (5) and § 23 (2) in the version of the Federal Law BGBl (Federal Law Gazette) I No 80/2013 in force and

2.

§ 19 (4), § 22 (5), § 36 (4) and § 38 (2), last sentence, para. 4, last sentence, and last sentence of the last sentence of the last sentence.

Article 4

Amendment of the Medical Mass And Medicinal massacre law

The Medical Masseur and Heilmasseurgesetz-MMHmG, BGBl. I n ° 169/2002, as last amended by the Federal Law BGBl. I n ° 57/2008, as well as the Federal Ministries Act of 2009, Federal Law Gazette (BGBl). I n ° 3/2009, shall be amended as follows:

1. § 15 (4).

2. In § 16 (3) the term " "and 4" .

Section 44 (7) is deleted.

4. § 46 (3) deleted.

5. § 46a (6), last sentence shall be deleted.

6. § 47 (4) is deleted.

7. In § 48 (3) the term " "and 4" .

8. § 67 (4) is deleted.

9. § 73 (3).

10. § 74 (3).

Section 75 (3) is deleted.

12. § 76 (3).

13. Section 77 (3) is deleted.

14. § 83 (4) deleted.

(15) The following paragraph 6 is added to § 89:

" (6) With 1. Jänner 2014

1.

§ 16 (3) and § 48 (3) in the version of the Federal Law BGBl (Federal Law Gazette). I No 80/2013 in force and

2.

§ 15 (4), § 44 (7), § 46 (3), § 46a (6), last sentence, § 47 (4), § 67 (4), § 73 (3), § 74 (3), § 75 (3), § 76 (3), § 77 (3) and section 83 (4). "

Article 5

Amendment of the MTD Act

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 ° 89/2012, will be amended as follows:

1. In § 6b (3) (3) (3), after the word "Asylum court" the phrase "or the Federal Administrative Court" inserted.

2. § 7a (4).

Article 8a (6) of the last sentence is deleted.

4. § 9 (3) deleted.

5. § 12 (4).

6. § 15 (4) deleted.

7. § 17a (4).

8. § 26 (5).

9. § 30 (2), last sentence shall be deleted.

10. § 31 (2), last sentence shall be deleted.

Article 32 (2) of the last sentence is deleted.

12. The following paragraph 14 is added to § 36:

" (14) With 1. Jänner 2014

1.

§ 6b (3) (3) (3) in the version of the Federal Law BGBl. I No 80/2013 in force and

2.

§ 7a (4), § 8a (6) last sentence, § 9 para. 3, § 15 para. 4, § 17a para. 4, § 26 para. 5, § 30 para. 2 last sentence, § 31 para. 2 last sentence and § 32 para. 2 last sentence out of force. "

Article 6

Amendment of the Sanitary Act

The Sanitary Law-SanG, BGBl. I n ° 30/2002, as last amended by the Federal Law Gazette (BGBl). I n ° 57/2008, as well as the Federal Ministries Act of 2009, Federal Law Gazette (BGBl). I n ° 3/2009, shall be amended as follows:

1. § 25 (5).

2. § 45 (4).

Section 50 (4) is deleted.

4. § 57 (4) deleted.

5. § 58 (5) deleted.

6. § 59 (4).

(7) The following paragraph 4 is added to § 64:

" (4) With 1. January 2014 § 25 (5), § 45 (4), § 50 (4), § 57 (4), § 58 (5) and § 59 (4) shall not apply. "

Article 7

Amendment of the Dentist Act

The Dentist Act-ZÄG, BGBl. I n ° 126/2005, as last amended by the Federal Law BGBl. I n ° 38/2012, shall be amended as follows:

1. § 5 (4) last sentence is deleted.

2. In § 9 para. 2 Z 3, after the word "Asylum court" the phrase "or the Federal Administrative Court" inserted.

3. In Section 13 (2), the word order shall be "Appointment to the independent administrative Senate of that country" through the phrase "Complaint to the administrative court of the country" replaced.

4. In Section 26b (4), the word order shall be "Complaint pursuant to Art. 131 (2) Federal Constitutional Law (B-VG)" through the phrase "Complaint pursuant to Art. 132 (5) and revision pursuant to Art. 133 (8) of the Federal Constitutional Law (B-VG)" replaced.

4a. The following sentence shall be added to Article 26b (5):

"It is necessary to refrain from re-admission if an approved group practice places its location within the same catchment area."

5. § 26b (8).

6. § 31 (2d) last sentence is deleted.

7. § 42 (5).

8. In § 43 (1a) the word order shall be "Appointment to the independent administrative Senate of that country" through the phrase "Complaint to the administrative court of the country" replaced.

9. § 45 (3).

Section 46 (6) reads as follows:

" (6) The person concerned and the Austrian Dentist Chamber shall be open to the administrative court of the country against any underclaim pursuant to para. 1 or 2. The complaint does not have suspensive effect. "

Section 48 (3) is deleted.

12. In Section 55 (4), the phrase "Appointment to the independent administrative Senate of that country" through the phrase "Complaint to the administrative court of the country" replaced.

13. § 79 (4).

14. In Section 79 (5), the following phrases shall be deleted "as well as appellate notification in accordance with paragraph 4" and "and appellate notification pursuant to paragraph 4" .

Article 82 (4) is deleted.

16. § 85 (5) deleted.

17. In § 87 (5), last sentence, the word order is deleted "; an appeal is not admissible against this decision" .

18. In § 88 (5), last sentence, the word order is deleted "; an appeal is not admissible against this decision" .

19. The following paragraph 7 is added to § 90:

" (7) With 1. Jänner 2014

1.

§ 13 (2), § 26b (4), § 43 (1a), § 46 (6), § 55 (4), § 79 (5), § 87 (5) and § 88 (5) in the version of the Federal Law BGBl. I No 80/2013 in force and

2.

§ 5 (4), § 26b (8), Section 31 (2d), last sentence, § 42 (5), § 45 (3), § 48 (3), § 79 (4), § 82 (4) and § 85 (5). "

Article 8

Amendment of the Dentist Protection Act

The Dental Medical Association Act-ZÄKG, BGBl. I n ° 154/2005, as last amended by the Federal Law BGBl. I n ° 38/2012, shall be amended as follows:

1. In the table of contents, the entry of the 3. Section of the 4.Main piece:

" 3. Section

Disciplinary bodies

Section 61

Disciplinary bodies

Section 62

Disciplinary Board

§ 63

Disciplinary Lawyer/Disciplinary Lawyer

Section 64

Investigators/Investigators

Section 68

Law Firm of the Disciplinary Board "

2. In the table of contents, after the line " § § 78 and 79 ... Trial in absentia " the following line is inserted:

" § 79a

Administrative penalties "

3. In the table of contents, after the line " § 85 ... Civil claims " the following line is inserted:

" § 85a

Application of other statutory provisions "

4. In the table of contents, the entry of the 5. Section of the 5. Main item:

" 5. Section

Appeal procedure

§ 86

Complaint to the administrative court of the country "

5. In the table of contents, after the line " § 98 ... Deletion from the Dentist List " the following line is inserted:

" § 98a

Communications to the public "

6. In the table of contents there is no entry of the 8. Section of the 4.Main piece.

7. § 13 (5) second sentence is deleted.

8. In Section 35 (3), the word order shall be deleted "and the Board of Appeal" .

9. In § 53 (1) the word order is deleted "as an Appellate Authority" .

Section 57 (5) reads as follows:

" (5) The right of appeal to the administrative court of the country shall be subject to the right to temporary measures. The complaint does not have suspensive effect. "

11. In the heading to section 61, the word order is deleted "First Instance" .

Article 61 (1) reads as follows:

" (1) Disciplinary Bodies are

1.

the Disciplinary Board,

2.

the Disciplinary Attorney/Disciplinary Lawyer and

3.

the investigators/investigators. "

13. In Section 61 (2), (3) and (4) as well as in § 62 (1), the word sequence shall be deleted. "in first instance" .

14. § 63 with headline reads:

" Disciplinary Attorney/Disciplinary Lawyer

§ 63. (1) The representation of the advertisements at the Disciplinary Board of the Austrian Dentists ' Chamber and the Administrative Court of the Land shall be the responsibility of the Disciplinary Attorney/Disciplinary Lawyer, the party position within the meaning of § 8 AVG as well as the Disciplinary Attorney/Disciplinary Lawyer has the right of revision in accordance with Art. 133 (8) B-VG.

(2) The Federal Committee of the Austrian Dentists ' Chamber has to appoint the Disciplinary Attorney/Disciplinary Lawyer and one/a deputy/deputy who must be right-wing in order to order.

(3) The disciplinary lawyer/lawyer is at the instruction of the Federal Minister for Health or the President of the Austrian Dental Association for Disciplinary Proceedings and the taking of a Complaint or complaint Revision required. "

15. § § § 65 to 67 together with headings are deleted.

16. In the headline on § 68 and in § 68 (1) the word order is deleted. "and the Disciplinary Arsenal" .

17. In § 68 (2), the word "Disciplinary arsenal" through the phrase "Administrative Courts of the Country" replaced.

18. In § 69 (1), (2) and (6), § 70 (2), (3) and (4), § 71 (1) to (5), § 72 (1) and (3) (1), § 73 (1) (2) and (3), § 74 (3) and (4), § 75 (1) to (4), § 76 (1) to (3), § 77 (3), (4) and (6), § 80 (1), (3) and (3) (1), (1) and (3) and (1) the phrase "in first instance" .

19. § 69 (5) second sentence is deleted.

20. § 70 (2) last sentence is deleted.

21. In § 70 para. 5, second sentence, the word order "The Chairman of the Disciplinary Board decides" through the phrase "The remaining members of the Disciplinary Board shall decide with a simple majority of votes" replaced.

The last sentence of Section 73 (3) is deleted.

23. § 75 (3) second sentence is deleted.

24. In § 75 (4), first sentence, the word order is deleted "within four weeks" and becomes the phrase "the Disciplinary Arsenal" through the phrase "the administrative court of the country" replaced.

Section 79 (2) last sentence reads as follows:

"Members of the Disciplinary Board as well as the Disciplinary Attorney/Disciplinary Lawyer and their alternates/deputists shall not be entrusted with this task."

26. In accordance with § 79, the following § 79a and heading is inserted:

" Disciplinary penalties

§ 79a. (1) The Chairman of the Disciplinary Board has to ensure the maintenance of the order and the maintenance of the decency in the disciplinary proceedings.

(2) Persons who disturb the disciplinary hearing or who violate the decency by unfairly conduct are to be admonided by the Chairman. If the exhortation remains unsuccessful, the President of the Disciplinary Board may, after a previous threat of threat, withdraw the word and have it removed, or impose a fine of up to EUR 1 500. .

(3) The defender/defender of the accused person (s) of the admonition of the chairman, not to disturb the order or to violate the decency not by unfairly behaviour, can be plotted against the accused person. are to order one/another defender/defender.

(4) The same administrative penalties may be imposed on persons who use written entries of an insulting spelling as well as against witnesses who evade their obligation to appear (Section 74 (2)).

(5) Prior to the imposition of the administrative penalty, the person concerned shall be given an opportunity to justify himself in writing or orally in accordance with Section 45 (3) AVG.

(6) In the case of public bodies and against professional party representatives/party representatives, if they are subject to a disciplinary law, they shall not be required to impose a disciplinary penalty, but merely to report to the disciplinary authority.

(7) The imposition of a disciplinary penalty shall not preclude the prosecution of criminal offences for the same conduct.

(8) The person concerned may lodge a complaint to the administrative court of the country against the imposition of a disciplinary penalty by the Disciplinary Board within four weeks. The execution of the administrative penalty shall be suspended until the decision of the administrative court of the country.

(9) The penalties imposed pursuant to paragraph 2 shall apply to the Austrian Dentist Chamber. "

27. In accordance with § 85, the following § 85a with title is inserted:

" Application of other statutory provisions

§ 85a. (1) The provisions of the Code of Criminal Procedure shall apply to the calculation of time limits, consultation and voting as well as the resumption of proceedings, insofar as the provisions of this main piece do not give any other consideration.

(2) The provisions of the Code of Criminal Procedure shall apply to the reinstatement, with the proviso that the reinstatement shall be admissible against the failure of all time limits and that it will not be prevented by a less degree of vision. The Disciplinary Board decides on a request for re-establishment.

(3) Furthermore, the provisions of the AVG, with the exception of sections 2 to 4, 12, 42 (1) and 2, 51, 57, 63 (1) and (5), first and second sentence, second sentence, 64 (2), 64a, 68 (2) and (3) and (3) and (75) to 80, and the provisions of the Delivery Act, BGBl. No 200/1982, in so far as the provisions of this item do not give any other effect. "

28. The title of the 5. Section of the 5. The main item is:

"Complaint procedure"

29. § 86 and headline reads:

" Complaint to the administrative court of the country

§ 86. (1) Against the findings of the Disciplinary Board, the accused person and the Disciplinary Lawyer/Disciplinary Lawyer may lodge a complaint with the Administrative Court of the Land.

(2) The representation of the disciplinary advertisements in the administrative court of the country is the responsibility of the Disciplinary Attorney/Disciplinary Lawyer. "

30. § § 87 to 94, together with the headings, are deleted.

31. In § 96 (3), the word order shall be deleted " or the disciplinary arsenal "

Section 96 (5) reads as follows:

"(5) The complaint to the administrative court of the country shall be open against the communication pursuant to paragraph 3."

33. In § 97 (2), the word order is deleted "in first instance" and becomes the phrase "the Disciplinary Arsenal of the Austrian Dentist Chamber" through the phrase "the administrative court of the country" replaced.

34. In Section 98 (1), the phrase "through the Disciplinary Arsenal" through the phrase "by the administrative court of the country" shall be replaced and shall be replaced by the phrase "Complaint pursuant to Art. 144 (1) B-VG" the phrase " or revision in accordance with Art. 133 (1) Z 1 B-VG " inserted.

35. In § 98 (2), the word "Disciplinary arsenal" through the phrase "Administrative Courts of the Country" replaced.

36. In accordance with § 98, the following § 98a and heading is inserted:

" Communications to the public

§ 98a. (1) Communications to the public on the course and results of a disciplinary procedure, on the content of the disciplinary files, and on the content of an oral hearing and disciplinary decisions, in so far as the procedure is is not public and shall not be prohibited except in the case of section 58 (8).

(2) However, the member of the chamber to which the disciplinary proceedings referred may report on the outcome of the disciplinary proceedings in so far as it does not infringe his obligation to respect his professional confidentiality. "

37. In § 100 (3), the word "Disciplinary Arsenal" through the phrase "Administrative Court of the Land" is replaced by the last sentence.

38. The 8. Section of the 5. Main piece is omitted.

39. § 105 (5) to (7) reads as follows:

" (5) The decision in proceedings relating to chamber contributions shall be the responsibility of the President of the Austrian Dentistry Chamber.

(6) In accordance with the Administrative Enforcement Act 1991, Federal Law Gazette (BGBl), the President/President of the Austrian Dentistry Chamber may issue a permanent examination of chamber contributions. No 53.

(7) More detailed provisions concerning the system and the nature of the pre-writing as well as the fixing and collection of the chamber contributions shall be laid down by the Austrian Dentistry Chamber in the Contribution Regulations. "

40. § 109 para. 6, first sentence reads:

" (6) Order

1.

The two dental assistants of the Disciplinary Board and their alternates (§ 62) and

2.

The Disciplinary Lawyer/Disciplinary Lawyer and his/her deputy/deputy (§ 63)

requires the approval of the Federal Minister of Health/Federal Minister of Health. "

41. The following paragraph 8 is added to § 126:

" (8) With 1. Jänner 2014

1.

the table of contents, § 35 (3), § 53 (1), § 57 (5), § 61, including the title, § 62 (1), § 63, including the title, § 68, including the title, § § 69 to 77, § 79 (2), § 79a and the title, § 80, § 81, § 83, 85a, together with the heading, the heading of the 5. Section of the 5. Main piece, § 86, including the title, § 96 (3) and (5), § 97 (2), § 98, § 98a and the title, § 100 (3), § 105 (5) to (7) and § 109 (6) in the version of the Federal Law BGBl. I No 80/2013 in force and

2.

Section 13 (5), second sentence, § § 65 to 67, including the headings, § § 87 to 94, including the headings and the 8. Section of the 5. Main item out of power. "

Article 9

Amendment of the Medical Act 1998

The Doctors Act 1998-Physicians ' G 1998, BGBl. I n ° 169, as last amended by the Federal Law BGBl. I No 80/2012 is amended as follows:

1. § 13a together with the title shall be repealed.

§ 35a together with the title shall be repealed.

3. In § 37 (7) and (10), the last sentence is deleted.

4. In § 37 (10) penultimate sentence shall be made before the word "adopted" the word "to" inserted.

5. In Section 52c (4), the word order shall be "Complaint pursuant to Art. 131 (2) B-VG" replaced by the phrase "Complaint pursuant to Art. 132 (5) B-VG and revision pursuant to Art. 133 (8) B-VG" .

6. § 52c (5) is repealed.

7. The previous section 52c (6) shall be replaced by the sales designation "(5)" and the expression " 1 to 5 " is replaced by the expression " 1 to 4 " .

8. The previous section 52c (7) receives the sales designation "(6)" .

9. The previous section 52c (8) receives the sales designation "(7)" and the expression " 7 " is replaced by the expression " 6 " .

10. In § 62 (5) last sentence, the word "vocation" replaced by the word "Complaint" .

Article 66b (1) is repealed and the previous para. 2, 3, 4 and 5 receive the sales designations "(1)" , "(2)" , "(3)" and "(4)" .

Section 73 (1) reads as follows:

" (1) The organs of the Medical Association are:

1.

the General Assembly (§ § 74 to 80),

2.

the Chamber's board (§ 81),

3.

The President and the Vice-Presidents (§ 83),

4.

the Kuriengatherlungen (§ 84),

5.

the Kurienobmänner and her deputy (§ 85),

6.

the Bureau (Article 86),

7.

the General Assembly (§ § 80a and 80b) as well as

8.

The Management Committee of the Welfare Fund (§ 113). "

13. In § 80 Z 4 the word order is deleted "of the Board of Appeal (Section 113 (5) penultimate sentence) as well as" .

14. In § 80b Z 3 the word order is deleted "and the election of the Chairman of the Board of Appeal" .

15. § 91 (7) reads:

"(7) The decision to be taken in proceedings relating to the chamber conversion pursuant to paragraph 1 shall be the responsibility of the President."

16. § 91 (8) reads:

"(8) The decision in proceedings relating to the course of the Kurienumlage pursuant to paragraph 2 is the responsibility of the Kurienobmann."

17. § 91 (9) is repealed and the previous paragraph 10 receives the sales designation "(9)" .

The last sentence of Section 113 (4) is deleted, paragraphs 5, 6 and 7 are repealed.

19. In Section 114 (2), the phrase is deleted "and the Board of Appeal".

20. In § 116 the word order is deleted. "the Board of Appeal," .

21. § 117d para. 1 is repealed and the previous para. 2, 3, 4 and 5 receive the sales designations "(1)" , "(2)" , "(3)" and "(4)" .

§ 120 is:

" § 120. Organs of the Austrian Medical Association are

1.

the General Assembly (§ § 121 and 122),

2.

the Board of Management (§ 123),

3.

the President and three Vice-Presidents (§ 125),

4.

the Federal Curia (§ 126),

5.

the Bundeskurienobmänner and their deputists (§ 127),

6.

the Bureau (§ 128),

7.

the Training Commission (§ 128a),

8.

the Administrative Committee of a Common Welfare Fund (§ 134) and

9.

the Disciplinary Board (§ 140). "

23. § 132 (3) reads:

"(3) The decision in proceedings relating to the relocations referred to in paragraph 1 shall be the responsibility of the President."

24. § 132 (4) reads:

"(4) The decision in proceedings relating to the chamber conversion pursuant to paragraph 2 is the responsibility of the Federal Kurienobmann."

25. § 132 (5) first sentence is deleted.

Article 134 (3) shall be repealed, para. 4 and 5 shall be awarded the sales names "(3)" and "(4)" .

27. In § 136 (6) the phrase is deleted "or disciplinary arsenal" .

28. In the title of the 5. Section of the 3. Main piece is not the word sequence "in first instance" .

29. In § 140 (1) the word order is deleted "in first instance" .

30. § 141 reads:

" § 141. The representation of the advertisements at the Disciplinary Board of the Austrian Medical Association as well as with the Administrative Court of the Land is the responsibility of the Disciplinary Authority, the party position within the meaning of § 8 AVG and the right of revision in accordance with Art. Point 133 (8) B-VG. Upon the instruction of the Federal Minister of Health or the President of the Austrian Medical Association, the Disciplinary Authority is obliged to pursue disciplinary proceedings and to take legal remedies. The Disciplinary Authority and a deputy for each disciplinary commission shall be appointed by the Board of the Austrian Medical Association and must be legally-unsoliced. "

31. § 146 (2) last sentence and (5) penultimate sentence shall be deleted.

32. § 146 (5) last sentence reads:

"After the commencement of the oral proceedings, the disciplinary commission shall decide by decision."

33. In § 146, para. 5, second sentence, the word order shall be "the Chairman of the Disciplinary Arsenal" replaced by the phrase "the oldest chairwoman of all other disciplinary states".

34. In § 147 (1), last sentence, the word order "the Disciplinary Arsenal" replaced by the phrase "the oldest chairwoman of all other disciplinary committees of life" .

35. In § 147 (3), first sentence, the word order shall be "the Disciplinary Arsenal" replaced by the phrase "the oldest chairwoman of all other disciplinary committees of life" .

36. § 147 (4) last sentence is deleted.

37. § 148 (2) last sentence is deleted.

38. In § 151 (3), first sentence reads:

"The resignation decision shall be notified to the Disciplinary Authority, which may lodge a complaint against it."

39. § 152, last sentence is deleted.

40. § 154 (2) second sentence is deleted.

41. In § 154 (3), first sentence reads:

"The decision that there is no reason for disciplinary treatment (hiring decision) is to be sent to the Disciplinary Authority, which may, on the other hand, make a complaint."

§ 155 (3) last sentence is deleted.

43. § 167 (1) last sentence reads:

"Members of the Disciplinary Board as well as the Disciplinary Authority and its alternates shall not be entrusted with this task."

44. According to § 167, the following § § 167a, 167b, 167c and 167d shall be inserted together with the headings:

" Law Firm of the Disciplinary Board

§ 167a. The law firms of the Disciplinary Board are to be led by the Austrian Medical Association. The costs for this activity are to be borne by the Austrian Medical Association, unless otherwise provided in this Federal Act.

Penalties

§ 167b. (1) The chairpersons of the disciplinary committees shall ensure the maintenance of the order and the maintenance of the state in the disciplinary proceedings. Persons who disturb the disciplinary hearing or who violate the state of decency due to undue behaviour are to be admonided by the chairman. If the exhortation remains unsuccessful, the President of the Disciplinary Commission may, after a previous threat of threat, withdraw the word and have it removed or impose an administrative penalty of up to EUR 1 450.

(2) The defender of the accused, in the admonition of the chairman not to disturb the order or to infringe the decency not by unfairly behaviour, cannot, so can be plotted against the accused, another defender to order.

(3) The same disciplinary penalties may be imposed on persons who use written submissions of an insulting spelling and against witnesses who escape from their obligation to appear (§ 153 para. 2).

(4) Prior to the imposition of the administrative penalty, the person concerned shall be given an opportunity to justify himself in writing or orally in accordance with Section 45 (3) AVG.

(5) In the case of public bodies and against professional party representatives, if they are subject to a disciplinary law, they shall not be punishable by a disciplinary penalty, but shall merely be required to report to the disciplinary authority.

(6) The imposition of a disciplinary penalty shall not preclude the prosecution of criminal offences for the same conduct.

(7) In so far as the person concerned has lodged a complaint against the imposition of a disciplinary penalty by a disciplinary commission, the enforcement of the administrative penalty shall be suspended until the decision of the administrative court of the country.

(8) The fines imposed pursuant to paragraph 1 shall be allocated to the Austrian Medical Association.

Fines, procedural costs and penalties

§ 167c. (1) The fines imposed, as well as the costs of the disciplinary proceedings to be borne by the punishable offence, shall be paid to the Austrian Medical Association and may be brought by the Austrian Medical Association in accordance with the Administrative Enforcement Act 1991.

(2) If the accused does not impose a fine imposed on him and the costs of the proceedings immediately after the entry of the legal force, he shall be called upon in writing to pay the penalty and the costs within fourteen days, they are forced to be forced into action.

(3) If the immediate payment of a fine or of the costs of the proceedings incheaply harbours the payer, the Disciplinary Commission shall, upon request, grant an appropriate postponing. The postponing shall be subject to fines (including the costs of proceedings) up to EUR 14 530 in the case of payment of the whole debt, or in the case of payment of instalments in total not more than one year, in the case of fines (including the costs of proceedings), EUR 14 350 a total of no more than two years.

(4) § 409a (3) and (4) of the StPO are to be applied in a reasonable way.

(5) If, according to the legal force of a disciplinary recognition, there are significant reasons for the reduction which, at the time of the recognition of the recognition, have not yet been or were not known and which appear to be a milder assessment of the In the event of a fine, the Disciplinary Commission shall, as soon as it has satisfied itself from the existence of these grounds of reduction, decide on its own account or on request with a decision on the reduction of the penalties.

Appropriate application of other statutory provisions

§ 167d. (1) The provisions of the Code of Criminal Procedure shall apply in accordance with the provisions of the Code of Criminal Procedure for the calculation of time limits, consultation and voting as well as the resumption of the proceedings, insofar as the provisions of the third main piece of this Federal Act do not apply otherwise. results.

(2) In accordance with the provisions of the Code of Criminal Procedure, the provisions of the Code of Criminal Procedure shall apply, with the proviso that the reinstatement shall be admissible against the failure of all time limits and that it will not be prevented by a less degree of vision. The Disciplinary Board decides on a request for re-establishment.

(3) Furthermore, the provisions of the AVG, with the exception of sections 2 to 4, 12, 42 (1) and 2, 51, 57, 63 (1) and (5), first and second sentence, second sentence, 64 (2), 64a, 68 (2) and (3) and (3) and (75) to 80, and the provisions of the Delivery Act, BGBl. No 200/1982, in so far as the provisions of the third main piece of this Federal Law do not give any other effect. "

45. § § 168 to 184 together with headings and section names are repealed.

§ 185 and headline reads as follows:

" Publication in the Austrian Medical Newspaper

§ 185. The Austrian Medical Association regularly publishes the content of the legally binding findings of the disciplinary board and the administrative court of the country in legal form in the Austrian Medical Association. "

47. § 187 is repealed.

48. § 188 reads:

" § 188. If a member of a medical board has legally passed the disciplinary penalty of the removal from the medical list and it declares it within three days of the proclamation of the disciplinary recognition by the administrative court of the country in writing to the Austrian Medical Association, on the other hand, that it has a complaint pursuant to Art. 144 (1) B-VG to the Constitutional Court and/or revision pursuant to Art. 133 (1) Z 1 B-VG to the Verwaltungsgerichtshof (Verwaltungsgerichtshof), accompanied by a request for recognition of the suspenseable effect, shall be allowed, if in the following the Timely collection of the complaint by sending a transcript, the recognition is only carried out if the Constitutional Court and/or the Administrative Court did not grant the suspensive effect or the Complaints and/or revision procedures have been terminated. "

49. In § 189 (3) third sentence deleted.

§ § § 192 and 193 together with headings and section names shall be repealed.

51. In § 194 of the first sentence, the term " "(§ 172 (1))" .

52. § 195e reads:

" § 195e. The approval of the Federal Minister of Health requires the appointment

1.

the two medical members of the Disciplinary Commission and their alternates (Section 140 (3)), as well as

2.

the disciplinary board and his deputy to the disciplinary board (§ 141).

The Federal Minister of Health has the permission to grant if the order does not contradicts this federal law. "

53. § 197 (4) is repealed.

54. In accordance with § 231, the following § 232 and heading is added:

" Final Provisions

§ 232. With 1. Jänner 2014

1.

Section 37 (7) and (10), § 52c (4) to (7), § 62 (5), § 66b, § 73 (1), § 80 Z 4, § 80b Z 3, § 91 (7) to 9, § 113 (4), § 114 (2), § 116, § 117d, § 120, § 132 (3) to (5), § 134 (3) and (4), the title of the 5. Section of the 3. § 136 (6), § 138 (6), § 140 (2) and (5), § 147 (1), (3) and (4), § 148 (2), § 151 (3), § 152, § 154 (2) and (3), § 155 (3), § 167 (1), § § 167a to 167d, including headlines, § 185, including the heading, § § § § 188, § 189 (3), § 194, § 195e and § 232, together with the title in the version of the Federal Law BGBl. I No 80/2013 in force and

2.

§ 13a with title, § 35a and title, § 52c (5), § 66b (1), § 91 (9), § 113 (5), (6) and (7), § 117d (1), § 134 (3), § 138 (6), § § 168 to 184, including headlines and section designations, § 187, § 192, including the heading, § 193 with title and § 197 (4). "

Article 10

Amendment of the Health and Food Safety Act

The Health and Nutrition Security Act, BGBl. I No 63/2002, as last amended by the Federal Law Gazette (BGBl). I No 112/2011 shall be amended as follows:

1. § 6a (2) second sentence is deleted.

The second sentence of Article 6a (3) is deleted.

Article 6a (10) reads as follows:

" (10) The Federal Office for Health Security has party status, including the right to appeal in proceedings which are carried out before the district administrative authorities or regional administrative courts, in the laws referred to in paragraph 1 above, , to the extent that the Federal Office for Safety in Health is entitled to the Federal Office for Health. The modest or Findings and decisions are to be delivered to the Federal Office for Health Security. The Federal Office for Health and Safety (Bundesamt für Sicherheit im Healthcare) is entitled to review the revision to the administrative court. "

4. In accordance with section 19 (25), the following paragraph 26 is added:

" (26) § 6a (2), (3) and (10) in the version of the Federal Law BGBl. I n ° 80/2013 are 1. Jänner 2014 in force. "

Article 11

Amendment of the Epidemiegesetz 1950

The Epidemic Law 1950, BGBl. No. 186/1950, as last amended by the Federal Law BGBl. I No 43/2012, shall be amended as follows:

Article 43 (5) shall be repealed, and paragraphs 6 and 7 shall be given the name "(5)" and "(6)" .

2. In accordance with § 50 (3), the following paragraph 4 is added:

" (4) § 43 in the version of the Federal Law BGBl. I n ° 80/2013 comes with 1. Jänner 2014 in force. "

Article 12

Amendment of the Tuberculosis Act

The Tuberculosis Law, BGBl. No. 127/1968, as last amended by the Federal Law BGBl. I No 65/2002, shall be amended as follows:

1. § 45 (3) second sentence is deleted.

The second sentence of Section 47 (2) is deleted.

3. In accordance with Section 54 (3), the following paragraph 4 is added:

" (4) § 45 (3) and § 47 (2) in the version of the Federal Law BGBl. I n ° 80/2013 are 1. Jänner 2014 in force. "

Article 13

Amendment of the pharmacy law

The pharmacy law, RGBl. No 5/1907, as last amended by the BGBl customer. I No 70/2012, shall be amended as follows:

1. § 8a together with the title is:

" Pharmacist's own delivery facilities

§ 8a. Within a radius of six kilometres per kilometre from the premises of the existing public pharmacy, urgently needed medicines may be delivered to patients by means of apothecary delivery facilities. "

1a. In § 45 (1) and its title, the word shall be: "Appointments" by the word "Complaints" and the word "vocation" by the word "Complaint" replaced.

Section 45 (2) and (4) shall be repealed.

Section 45 (3) shall be replaced by the name "(2)" and reads:

" (2) An appeal may be made to the Administrative Court of the country in the area of which the applicant has its main residence in the case of the Austrian Pharmacists ' Chamber in accordance with § § 3b, 3c and 3d. If the applicant does not have a national main residence, a complaint may be made to the administrative court of the country in whose area the main residence or habitual residence held last in Austria is situated. If such a person has not passed, a complaint may be made to the Land Administrative Court of the country in whose field the profession of the pharmacist is to be pursued. "

4. In Section 51 (3), the word order shall be "Appointment to the country's independent administrative senate" through the phrase "Complaint to the administrative court of the country" replaced.

4a. § 62a (1) reads as follows:

" (1) After the entry into force of this Federal Act, the Federal Law Gazette (BGBl) was amended. I n ° 41/2006, but before 1. Jänner 2016 granted a concession to a public pharmacy for a permanent establishment, in whose congregation at the time of application according to § 9 two contract bodies according to § 342 para. 1 ASVG, which are occupied by physicians for general medicine , provided that the authorization for the position of the medical hospital pharmacy was already granted on 29 March 2006, by way of derogation from § 29 (3) and (4), it is the authorization to adopt a medical home mortgage at the end of the calendar year, in which the holder of the authorization to hold the medical skin pharmacist shall be 65. It shall be completed by 31 December 2018 at the latest, however, at the latest. "

4b. According to § 62b the following § § 63 and 64 are inserted:

" § 63. The territory of the congregation referred to in § § 10 sec. 2 Z 1, para. 3 and 3a, § 28 para. 2 and 3, § 29 para. 1 Z 2, para. 2 and 3 and § 62a arises from that at the time of the entry into force of the Federal Law BGBl. I n ° 41/2006 in accordance with national legislation in each area of the municipal territory.

§ 64. § 62a (1) in the version of the Federal Law BGBl. I n ° 80/2013 comes with 1. Jänner 2014 in force. "

5. § 68a (2) last sentence is deleted.

6. According to Article 68a (4), the following paragraph 5 is added:

" (5) § 45, § 51 para. 3 and § 68a para. 2 in the version of the Federal Law BGBl. I n ° 80/2013 comes with 1. Jänner 2014 in force. "

Article 14

Amendment of the salary collection law 2002

The Salary Collection Act 2002, BGBl. I n ° 154/2001, as last amended by the Federal Law BGBl. No 54/2012, shall be amended as follows:

1. § 44 reads:

" § 44. Complaints may be filed against the proceedings in accordance with § § 11 (2), (17), (17), (25), (31) and (42). A suspensive effect does not apply to an appeal filed against an advance notice pursuant to section 11 (2). "

2. § 75a receives the sales designation "(1)" , the following paragraph 2 is added:

" (2) § 44 in the version of the Federal Law BGBl. I n ° 80/2013 comes with 1. Jänner 2014 in force. "

Article 15

Amendment of the Pharmacerkammergesetz 2001

The pharmacerkammergesetz 2001, BGBl. I n ° 111/2001, as last amended by the Federal Law BGBl. No 64/2011, shall be amended as follows:

1. § 7 (7) second sentence is deleted.

2. § 9 para. 1 Z 9 becomes the word "and" § 9 (1) Z 10 shall be repealed and Section 9 (1) Z 11 shall be replaced by the title "10." .

3. § 13 (1) Z 1 reads:

" 1.

the appointment of the adviser and deputy for the disciplinary board to be nominated from their department, "

4. § 17 (4) last sentence is deleted.

Section 32 (6) reads as follows:

" (6) Within one week of the announcement of the election result, any eligible group eligible for election may lodge an objection to the election result by their appointing representative to the Main Electoral Commission. No suspensive effect shall be applied to an appeal against the decision of the Main Electoral Commission on Wahlanfeedings. "

6. § 43 (2) reads:

"(2) On the instructions of the Federal Minister of Health, the Disciplinary Authority is obliged to report to the Disciplinary Board and to lodge a complaint."

Section 45 (4) reads as follows:

" (4) In addition, the accused and the disciplinary authority shall be entitled to refuse individual members of the Disciplinary Board on grounds of partiality, if they are able to declare reasons that are appropriate, the full unpartiality of the defendant in Doubts should be raised (§ 44 (3), first sentence, StPO). Reasons for exclusive or partiality are to be immediately disclosed to the Chairman of the Disciplinary Board. The Chairman of the Disciplinary Board decides on the existence of grounds for exclusion or the right to be held, after the commencement of the oral proceedings the Disciplinary Board decides by decision. A separate appeal shall not be admissible against these decisions. "

8. § 47 (3) last sentence reads:

"A separate appeal is not admissible against this decision."

9. § 48 para. 2 second sentence reads:

"A separate appeal shall not be admissible against this decision."

10. § 48 (3), first sentence reads:

"The decision of the decision shall be sent to the Disciplinary Authority, who may, on the other hand, make a complaint to the administrative court of the country."

11. § 50 reads:

" § 50. In the absence of the accused, the trial may be carried out and the disciplinary recognition may be made if he had previously had the opportunity to comment on the charges levied against him, and the summons were duly served to him. and he was left without a sufficient excuse to negotiate. "

12. § 57 together with headline reads:

" Complaint to the administrative court of the country

§ 57. (1) The Administrative Court of the Land shall decide on complaints against findings and decisions of the Disciplinary Board.

(2) The accused and the disciplinary authority are registered in a complaint.

(3) A separate appeal shall not be admissible against procedural injunctions.

(4) Knowledge and decisions of the Administrative Court of the Land in Disciplinary Matters are to be brought to the attention of the Austrian Pharmacists ' Chamber.

(5) The right to review the findings of the administrative court of the country in accordance with Art. 133 (1) Z 1 B-VG shall also apply to the Disciplinary Authority. "

13. § § 58 to 65 together with the headings are repealed.

14. § 66 (2) and (3) reads:

" (2) The fines imposed and the costs of the disciplinary proceedings before the Disciplinary Board shall be allocated to the Austrian Pharmacists ' Chamber. They will be introduced in the administrative system.

(3) If the immediate payment of a fine or of the costs of the proceedings unreasonably harden the payer, the Disciplinary Board shall, upon request, grant an appropriate postponing or payment in installers. "

Section 68 (1) reads as follows:

"(1) The members of the Disciplinary Board and the Disciplinary Authority shall perform their duties on a voluntary basis, as well as their substitutes, without prejudice to the intended costs of indemnity and function."

16. In § 68 (3) and (4) the term of the word shall be deleted. "and the Disciplinary Board of Appeal" .

17. In § 69 (2), the word order is deleted "and the Disciplinary Board of Appeal" .

18. § 69 (5) and (6) shall be repealed, paragraph 7 shall be replaced by the sales designation "(5)" .

19. § 70 (2) reads:

" (2) The provisions of the Code of Criminal Procedure shall apply mutatily for the reinstatation. This may also be requested against the failure of an oral hearing. "

Article 70 (3) reads as follows:

" (3) The provisions of the General Administrative Procedure Act, with the exception of Sections 2 to 4, 12, 42 (1) and 2, 51, 57, 63 (1) and (5), first and second sentence, second sentence, 64 para. 2, 64a, 68, are also before the Disciplinary Board of Disciplinary Board. (2) and (3) and (75) to (80) in so far as it does not result from the provisions of the fourth section of this Federal Law, and the application of the provisions of the Code of Criminal Procedure with the principles and peculiarities of the Disciplinary procedure is compatible. "

21. § 74 (4) and (5) reads:

" (4) The President shall be responsible for the decision on the chamber conversion. The person concerned shall have the right of appeal to the administrative court of the country against decisions taken by the President.

(5) Repositions, fees for special services and other compulsory contributions may be made after the President has issued a certificate of residue in accordance with the Administrative Enforcement Act 1991, BGBl. No. 53. "

22. § 75 with headline shall be deleted.

The following sentence shall be added to section 79b (2):

"The Austrian Pharmacists ' Chamber has the right to appeal to the administrative court of the country against a humble decision by the Federal Minister of Health."

Section 79c (7) reads as follows:

" (7) The appointment of the Disciplinary Board and his deputy shall require the approval of the Federal Minister of Health. The approval shall be granted if the order does not contradicts this federal law. "

Section 81 (12) is added to the following paragraph 13:

" (13) § 7 (7), § 13 (1) Z 1, § 17 para. 4, § 32 paragraph 6, § 43 paragraph 2, § 45 paragraph 4, § 47 para. 3, § 48 para. 2 and 3, § 50, § 57 including the title, § 66 para. 2 and 3, § 68 para. 1, 3 and 4, § 69, § 70 para. 2 and 3, § 74 para. 4, § 79b para. 2, § § § 74 79c (7) and § 82 (2) (lit). b in the version of the Federal Law BGBl. I n ° 80/2013 are 1. Jänner 2014 in force. § § 58 to 65, together with the title and section 75, together with the title, will expire on 31 December 2013. "

26. § 82 Z 2 lit. b is:

" (b)

with regard to § 46 and section 47 (6) in agreement with the Federal Minister for Justice "

Article 16

Amendment of the Animal Health Act

The Animal Health Act-TSG, RGBl. No 177/1909, as last amended by the Federal Law, BGBl. I No 50/2012, shall be amended as follows:

1. § 43 last sentence is deleted.

2. § 58 (1), last sentence shall be deleted.

3. The heading to § 69 reads:

"Local competence in the case of certain criminal proceedings"

§ 70 and title shall be repealed.

5. § 76 together with the title shall be repealed.

Section 77 is added to the following paragraph 14:

" (14) § § 43, 58 (1) and the title to § 69 in the version of the Federal Law BGBl. I n ° 80/2013 are 1. Jänner 2014 in force. With 1. January 2014 § § 70 and 76 will be repeal. "

Article 17

Amendment of the Animal Health Act

The Animal Health Act (TGG), BGBl. I n ° 133/1999, as last amended by the Federal Law BGBl. I n ° 16/2006 as well as the Federal Ministries Act of 2009, BGBl. I n ° 3/2009, shall be amended as follows:

1. § 14 reads:

" § 14. (1) The Landeshauptmann shall decide on the award or withdrawal of the compensation.

(2) The right to lodge a complaint against a decision pursuant to paragraph 1 shall also be entitled to the federal government, represented by the financial procuration. "

2. According to Article 17 (1b), the following paragraph 1c is inserted:

" (1c) § 14 in the version of the Federal Law BGBl. I n ° 80/2013 comes with 1. Jänner 2014 in force. "

Article 18

Amendment of the Animal Protection Act

The Animal Protection Act-TSchG, BGBl. I n ° 118/2004, as last amended by the Animal Experiments Law Amendment Act, BGBl. I No 114/2012, shall be amended as follows:

1. § 33 (2) is repealed.

2. In accordance with § 41 (4), the following paragraph 4a is inserted:

" (4a) The animal welfare ombudsman is entitled to lodge a complaint against the charges in matters of this Federal Law for unlawfulness in the administrative court of the country. He has party status in appeal proceedings before the Administrative Court of the Land in matters of this Federal Law. "

(3) The following paragraph 22 is added to § 44:

" (22) With 1. Jänner 2014 will join

1.

Section 33 (2), repeal of force and

2.

Section 41 (4a) in the version of the Federal Law BGBl. I No 80/2013 in force. "

Article 19

Amendment of the Tierärztegesetz

The Tierärztegesetz, BGBl. No. 16/1975, as last amended by the Federal Act BGBl. I n ° 86/2012, shall be amended as follows:

1. § 6 (3) reads:

" (3) In the event that the applicant does not satisfy the legal requirements, the board shall fail to notify the registration. The notice of appeal may be brought against the decision of the Landesverwaltungsgericht (Regional Administrative Court), the place of business or place of work envisaged or, if at the time of the application, neither a professional seat nor a place of employment in prospect is responsible for the residence of the applicant. If there is no domestic residence either, the Landesverwaltungsgericht (Regional Administrative Court) of Vienna is responsible. "

2. § 14d (3) is repealed.

3. § 14h para. 3 reads:

" (3) Specialist veterinarians are to be trained in a degree defined by the Assembly of Delegates in the Specialized Veterinary Examination and Specialist Examination Regulations and this further training of the Specialized Veterinary Examination Committee Proof. If the necessary level of training is not proven within five years, the Specialization Veterinary Examination Commission has the right to apply for the deprivation of the specialist veterinary title to the Board of the Board. The Board of Management shall be informed of this decision. "

4. § 72 (6) is repealed.

5. According to § 75b, the following § 75c is inserted:

" § 75c. With 1. January 2014 § § 6 para. 3, and 14h para. 3 in the version of the Federal Law BGBl. I No 80/2013 in force. With 1. January 2014 § § 14d (3) and (72) (6) will be repeal. "

Article 20

Amendment of the Tierärztekammergesetz

The Tierärztekammergesetz, BGBl. I n ° 86/2012, shall be amended as follows:

1. In the table of contents, after the line " § 1. ... Legal status and seat " the following line is inserted:

" § 2.

General and definitions "

Section 9 (8) reads as follows:

" (8) A person can only be a member of a department. The Board of Management shall decide on any disputes relating to the assignment of the department. In such proceedings, the General Administrative Procedure Act 1991 (AVG), BGBl. No 51. A decision may be brought to the administrative court of the country against a decision. "

3. § 35 (4) reads:

" (4) The Board of Management shall decide in accordance with procedures concerning the chamber conversion. In such procedures, the AVG is to be used. A decision may be brought to the administrative court of the country against a decision. "

4. § 37 is added to the following paragraph 7:

"(7) An appeal may be made to the administrative court of the country against the defamation pursuant to para. 2 and 6."

Section 38 is added to the following paragraph 7:

"(7) An appeal may be made to the administrative court of the country against the defamation pursuant to para. 4 and 5."

6. § 39 the following paragraph 8 is added:

"(8) An appeal may be made to the administrative court of the country against the defamation in accordance with paragraphs 4 and 5."

Section 42 (3) reads as follows:

" (3) The Board of Trustees decides by decision. In such procedures, the AVG is to be used. A decision may be brought to the administrative court of the country against a decision. "

8. § 63 (5) reads:

"(5) Complaints against incitrate measures do not have suspensive effect."

Section 66 (2) reads as follows:

"(2) The members of the Disciplinary Commission shall not be bound by any instructions in the performance of their duties."

10. § 66 (4) and (5) reads:

" (4) the chairman and her/her his deputy or his/her deputy his deputy is to be ordered from the state of the right-wing staff of the Federal Ministry of Health. In addition, the sufficient number of members from the circle of the regular chamber members, whereby the departments are to be taken into consideration in each case according to § 9 para. 5, must be ordered.

(5) the chairman and the chairman, the deputy or On a proposal from the board of the Tierärztekammer, the deputy will be appointed by the Federal Minister, respectively. The Federal Minister for Health, the other members of the Board of Directors of the Tierärztekammer (Tierärztekammer) shall order the proposal of the departmental committees. "

11. § 67 (3) Z 3 reads:

" 3.

on a substantiated request by the incumbant or of the incumbant by revelation, namely among the members of the office of the Federal Minister of the Federal Republic of Germany, The Federal Minister of Health has been appointed by the Federal Minister for Health, these, in the case of the other members by the Board of Directors of the Tierärztekammer, or "

Article 68 (2) reads as follows:

" (2) The Senate consists of

1.

one or one right-wing servant of the Federal Ministry of Health as chairperson or chairperson,

2.

a member of the circle of ordinary members of the Chamber to which the department of the self-employed person belongs, and

3.

a member of the circle of the ordinary members of the Chamber who belongs to the department of employees. "

The following sentence shall be added to Section 69 (1):

" The Disciplinary Lawyer the Disciplinary Authority and the Vice-President the deputy must be right-wing.

14. § 69 (2) reads:

" (2) The Disciplinary Lawyer The Disciplinary Authority shall be responsible for the notification of disciplinary proceedings against the Disciplinary Commission and the representation of the ads in the disciplinary proceedings. You or he has party status in proceedings on disciplinary matters before the Disciplinary Commission and the Administrative Courts. "

Section 69 (6) reads as follows:

" (6) The Disciplinary Lawyer The Disciplinary Authority shall have the right to lodge a complaint against the Administrative Court of the Land against the decisions of the Disciplinary Committee (Section 73 (8)), Recruitment Decisions (Section 75 (4)) and findings of the Disciplinary Commission. In addition, he has the right to raise the administrative court's findings against the findings of the Administrative Court. The Disciplinary Board or Disciplinary Board is responsible for the supervision of the supervisory authority. of the Disciplinary Authority to collect the complaint or revision. "

16. § 74 (3) last sentence is deleted.

17. § 75 (3) second sentence is deleted.

18. § 76 (3) last sentence reads:

"A separate appeal shall not be admissible against the refusal of access to the file."

Section 86 is added to the following paragraph 3:

" (3) The table of contents, § 9 (8), § 35 (4), § 37 (7), § 38 (7), § 39 (8), § 42 (3), § 63 (5), § 66 (2), (4) and (5), § 67 (3) (3), § 68 (2), § 69 (1), 2 and 6, § 74 (3), § 75 (3), § 76 (3) and § 87 in the version of the Federal Law BGBl. I n ° 80/2013 are 1. Jänner 2014 in force. "

20. § 87 reads:

" § 87. The Federal Minister is responsible for the enforcement of this federal law. of the Federal Minister of Health. "

Article 21

Amendment of the Bangseuchen Law

The Bangepidemic Law, BGBl. No 147/1957, as last amended by the Federal Law BGBl. I n ° 67/2005 and the Federal Ministries Act of 2009, Federal Law Gazette (BGBl). I n ° 3/2009, shall be amended as follows:

1. § 4 (3) reads:

"(3) The obligation to submit and the delivery period referred to in para. 2 shall be informed by the district administration authority (discharge decision)."

§ § 23 (1) (b) the following paragraph 1c is inserted:

" (1c) § 4 (3) in the version of the Federal Law BGBl. I n ° 80/2013 comes with 1. Jänner 2014 in force. "

Article 22

Amendment of the Federal Law for the Implementation of directly applicable EU legislation in the field of animal welfare

The Federal Act implementing directly applicable EU legislation in the field of animal welfare, BGBl. I No 47/2013, shall be amended as follows:

1. § 2 (2) is repealed.

2. In accordance with § 3 (1) Z 2 the following Z 2a is inserted:

" 2a.

The Animal Welfare Ombudsman is entitled to lodge a complaint against the accused in matters of this Federal Law for illegality in the administrative court of the country. He has party status in appeal proceedings before the Administrative Court of the Land in matters of this Federal Law. "

3. In accordance with § 12, the following § 13 together with the title is added:

" Entry into force and external force

§ 13. With 1. Jänner 2014 will join

1.

Section 2 (2), repeal of force and

2.

§ 3 (1) (2a) in the version of the Federal Law BGBl. I No 80/2013 in force. "

Article 23

Amendment of the Food Safety and Consumer Protection Act

The Food Safety and Consumer Protection Act-LMSVG, BGBl. I n ° 13/2006, as last amended by the Federal Law BGBl. I No 95/2010, shall be amended as follows:

1. In the table of contents, the word order "§ 40 Official Complaint" through the phrase "§ 40 Revision" and the phrase "§ 94 Complaint of office" through the phrase "§ 94 Revision" replaced.

2. § 28 (2) penultimate sentence reads:

"The complaint against this communication does not have suspensive effect."

3. § 28 (6) is repealed.

4. § 39 (5) is repealed.

5. § 40 together with headline reads:

" Revision

§ 40. Against the findings and decisions of the administrative courts of the Länder, which have been adopted on the basis of § 39, the Governor of the State shall be required to file a revision with the Administrative Court. "

6. § 45 (7) is repealed.

7. In § 58 (3) the expression "Appointments" by the expression "Complaints" replaced.

8. In § 59 (5) the expression "vocation" by the expression "Complaint" replaced.

9. In § 91 (2) the word order shall be "Independent Administrative Senate in the Countries" through the phrase "Administrative Courts of the Countries" replaced.

10. § 94 together with the title is:

" Revision

§ 94. Against the findings and decisions of the administrative courts of the Länder, which have been enacted in administrative criminal proceedings under this Federal Act, the Governor of the State shall be required to file a revision with the Administrative Court. "

11. The following paragraph 19 is added to § 95:

" (19) § 28 para. 2 penultimate sentence, § 40, § 58 para. 3, § 59 para. 5, § 91 (2) and § 94 in the version of the Federal Law BGBl. I n ° 80/2013 are 1. Jänner 2014 in force. § 28 (6), § 39 (5) and § 45 (7) are to be taken with 1. Jänner 2014 out of force. "

Article 24

Federal law amending the Food Law 1975

The Food Law 1975-LMG 1975, BGBl. No. 86/1975, as last amended by the Federal Law BGBl. I n ° 121/2008, shall be amended as follows:

1. § 41 (5) is repealed.

2. The following § 75 is added to § 74:

" § 75. Section 41 (5) shall enter into force 1. Jänner 2014 out of force. "

Fischer

Faymann