Medical Assistant Professions Act - Mabg, And Modification Of The Mtf-Shd-G, Health And Nursing Act, The Mtd Law, Training Reservation Law, The Hospitals Work...

Original Language Title: Medizinische Assistenzberufe-Gesetz – MABG, und Änderung des MTF-SHD-G, des Gesundheits- und Krankenpflegegesetzes, des MTD-Gesetzes, des Ausbildungsvorbehaltsgesetzes, des Krankenanstalten-Arbeits...

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.

89. federal law, which enacted the federal law on medical assistance professions and the exercise of training therapy (medical assistance professions-law-MABG) and the MTF-SHD-G, the health and nursing care law, the MTD law, the The Education and Training Act, the Education Documentation Act, the General Social Insurance Act, the Vocational Training Act and the Student Aid Act 1983 are amended.

The National Council has decided:

Content Summary

Article 1

Medical assistant professions-law

Article 2

Change of MTF-SHD-G

Article 3

Amendment of the Health and Health Care Act

Article 4

Amendment of the MTD Act

Article 5

Amendment of the Education and Training Act

Article 6

Change of the Health Service Working Time Act

Article 7

Amendment of the Education Documentation Act

Article 8

Amendment of the General Social Insurance Act

Article 9

Amendment of the Vocational Training Act (Berufsreifeprüfungsgesetz

Article 10

Amendment of the Student Aid Act 1983

Article 1

Federal law on medical assistance professions and the exercise of training therapy (medical assistance professions-law-MABG)

table of contents

1. Main item

General provisions

§ 1

Scope

§ 2

References

§ 3

Implementation of Union law

2. Main piece

Medical assistance occupations

Section 1

Occupational profiles and job descriptions

§ 4

Disinfection Assistance

§ 5

Gypsum Assistance

§ 6

Laboratory assistance

§ 7

Obduction Assistance

§ 8

Operation Assistance

§ 9

Ordinance Assistance

§ 10

X-ray assistance

§ 11

Medical Assistant

§ 12

Job titles

Section 2

Professional right of medical assistance occupations

§ 13

Professional duties

§ 14

Professional authority

§ 15

Proof of qualification-domestic

§ 16

Qualification certificate-EEA

§ 17

Qualification certificate-Nostrification

§ 18

Professional exercise

§ 19

Withdrawal of professional qualifications

Section 3

Training in medical assistance occupations

§ 20

Training

Section 21

Training in medical assistance

Section 22

School for medical assistance occupations

Section 23

Courses

§ 24

Initial vocational training

Section 25

Training in ordination assistantships in service

Section 26

Training Regulation

3. Main piece

Activity in the training therapy by sports scientists

§ 27

Training therapy

§ 28

Authorization to exercise the training therapy

§ 29

Exercise of training therapy

§ 30

Proof of qualification-general and individual accreditation

Section 31

Training Therapy Council

Section 32

List of those entitled to exercise the training therapy
Sports Science

§ 33

Change messages

Section 34

Training Therapy Regulation

4. Main piece

Transitional, Straf and Final provisions

Section 1

Transitional provisions

§ 35

Health assistance services

§ 36

Gipser/Inside

Section 37

Medical-technical technical service-medical assistance professions

§ 38

Medical-technical specialist service-high-quality medical-technical services

§ 39

Medical-technical service-medical/masseur/in

§ 40

Sports Science

Section 2

Criminal and final provisions

Section 41

Criminal provisions

§ 42

entry into force

Section 43

Enforcement

1. Main item

General provisions

Scope

§ 1. (1) This federal law regulates the professions and the training courses in the medical assistant occupations as well as the activity in the training therapy by sports science students.

(2) Medical assistance occupations within the meaning of this Federal Law are:

1.

Disinfection Assistance

2.

Gypsum Assistance

3.

Laboratory assistance

4.

Obduction Assistance

5.

Operation Assistance

6.

Ordinance Assistance

7.

X-ray assistance

8.

Medical assistant.

(3) The medical assistance professions as well as the activity in the training therapy by sports scientists may only be exercised in accordance with the provisions of this Federal Act.

(4) The business order 1994-GewO 1994, BGBl, is applied to the exercise of medical assistance and training therapy. No. 194, no application.

(5) By this federal law, the

1.

Pharmacies Act, RGBl. 5/1907,

2.

Medical Law 1998-Medical Law 1998, BGBl. I No 169,

3.

Health care and nursing care law-GuKG, BGBl. I No 108/1997,

4.

Hebammengesetz-HebG, BGBl. No 310/1994,

5.

Kardiotechnikergesetz-KTG, BGBl. I No 96/1998,

6.

Medical masseur-and Heilmasseurgesetz-MMHmG, BGBl. I No 169/2002,

7.

MTD law, BGBl. No 460/1992,

8.

MTF-SHD-G, BGBl. No 102/1961,

9.

Musiktherapiegesetz-MuthG, BGBl. I No 93/2008,

10.

Psychologists Act, BGBl. No 360/1990,

11.

Psychotherapist Act, BGBl. No 361/1990,

12.

Sanitarian law-SanG, BGBl. I No 30/2002,

13.

Dentists Act-ZÄG, BGBl. I No 126/2005,

is not affected.

References

§ 2. Insofar as provisions of other federal laws are referred to in this Federal Act, these are to be applied in their respectively applicable version.

Implementation of Union law

§ 3. Through this federal law,

1.

Directive 2005 /36/EC on the recognition of professional qualifications, OJ L 327, 30.4.2005, p. No. 22, as last amended by Regulation (EC) No 1137/2008 adapting a number of instruments subject to the procedure referred to in Article 251 of the Treaty, to Council Decision 1999 /468/EC, with regard to the regulatory procedure with Control, OJ No. OJ L 311, 22.11.2008 p. 1;

2.

the Agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other part, on the free movement of persons, OJ No. OJ L 114 of 30.04.2002 p. 6, BGBl. III. No 134/2002, as amended by Decision No 2/2011 of the EU-Switzerland Joint Committee of 30 September 2011 on the amendment of Annex III (Mutual Recognition of Professional Qualifications) to this Agreement (2011/702/EU), OJ L 327, 28.12.2011, p. No. OJ L 277, 22.10.2011 p. 20;

3.

Directive 2003 /109/EC on the legal status of third-country nationals who are long-term residents, OJ L 327, 31.12.2003, p. No. OJ L 16, 23.01.2004 p. 44;

4.

Directive 2004 /38/EC on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States, amending Regulation (EEC) No 1612/68 and repealing Directives 64 /221/EEC, 68 /360/EEC, 72 /194/EEC, 73 /148/EEC, 75 /34/EEC, 75 /35/EEC, 90 /364/EEC and 93 /96/EEC, OJ L 206, 22.7.1992, p. No. OJ L 158 of 30.04.2004 p. 77, as amended, OJ L 327, 28.11.2004, p. No. OJ L 229, 29.06.2004 p. 35;

5.

Directive 2004 /83/EC on minimum standards for the qualification and status of third-country nationals or stateless persons as refugees or as persons who otherwise need international protection and on the content of the Protection, OJ. No. 12., as amended, OJ L 304, 30.9.2004, p. No. OJ L 204, 05.08.2005 p. 24;

6.

Directive 2009 /50/EC on the conditions of entry and residence of third-country nationals for the purposes of highly qualified employment, OJ L 327, 30.4.2009, p. No. OJ L 155, 18.06.2009 p. 17;

to be transposed into Austrian law.

2. Main piece

Medical assistance occupations

Section 1

Occupational profiles and job descriptions

Disinfection Assistance

§ 4. (1) The disinfection assistance shall comprise the reduction and elimination of microorganisms and parasitic macroscopic organisms in establishments according to § 18 (1), under medical supervision and under medical supervision.

(2) The area of activity of the disinfection assistance shall include in particular:

1.

the adoption of contaminated instruments and the preparation and implementation of further manual and machine-cleaning,

2.

the implementation of visual and functional controls on the cleaned instruments,

3.

the preparation of the purified instrument for and the implementation of disinfection and sterilisation by means of steam sterilizers,

4.

cleaning, waiting and preparing the equipment used for disinfection, sterilisation and deforestation, as well as the elimination of simple discharge problems,

5.

the monitoring, control and documentation of the disinfection and sterilisation process,

6.

the storage of the sterile material and the control of the shelf life as well as the preparation and disposal of goods and consumer goods,

7.

the implementation of the disinfection of medical devices as well as the disinfection of the surface area,

8.

the reduction and elimination (deforestation, deforestation) of parasitic macroscopic organisms of humans, objects and spaces by means of chemical substances and

9.

compliance with the safety and quality standards in the context of disinfection, sterilization and deforestation.

Gypsum Assistance

§ 5. (1) GipsAssistance includes assistance in the application of static and rigid wound dressings, in particular plaster, synthetic resin and thermoplastic associations, as well as the application of simple plaster techniques for therapeutic reasons. medical care and under medical supervision.

(2) The area of activity of gypsum assistance shall include in particular:

1.

assistance in the application of gypsum, synthetic resin and thermoplastic associations in the context of initial care and post-treatment of fractures, as well as injuries to the muscles and ligaments,

2.

the assistant in repositions and subsequent resting,

3.

the application of simple plaster techniques, especially in stable fractures in the position of the axle, as well as muscle and ligament injuries,

4.

the correction of rigid associations affected by stability;

5.

the acceptance of rigid associations,

6.

the preparation and follow-up of the treatment or Plaster room and

7.

the organisation and management of the necessary materials.

Laboratory assistance

§ 6. (1) Laboratory assistance shall include the implementation of automated and simple manual routine parameters in the context of standardized laboratory tests according to medical arrangement and under supervision. In accordance with the provisions of the medical arrangement,

1.

the supervision by a biomedical/n analyst is/are carried out

2.

The Biomedical/n Analytical/into the ordered activity in individual cases to the members of the laboratory assistant and to carry out the supervision of their implementation.

(2) The field of activity of laboratory assistants comprises activities in pre-analysis, analysis and post-analysis in accordance with paragraphs 3 to 5.

(3) Activities in the pre-analysis are in particular:

1.

participation in the extraction of study materials, including blood sampling from the vein and capillaries,

2.

the preparation of the equipment, reagents and samples; and

3.

the inspection of the equipment for the purpose of functioning, including the quality control thereof.

(4) Activities in analytics are the implementation of simple automated and simple manual analyses of routine parameters.

(5) Activities in the field of post-analysis are in particular:

1.

the verification of the functioning of the instrument with regard to the specific sample,

2.

documentation of the results of the analysis,

3.

the archiving or Disposal of the sample material and

4.

the maintenance of the equipment.

Obduction Assistance

§ 7. (1) Obduction assistance includes assistance in the field of light opening in the context of anatomy, histopathology, cytopathology and forensic medicine according to a medical arrangement and under medical supervision.

(2) The area of activity of the assistance assistance shall include in particular:

1.

the maintenance and preparation of the instruments necessary for the autopsy, as well as the production of the fruit,

2.

the assistance in the light opening and in the removal of organs or samples,

3.

participation in anatomical preparations,

4.

the implementation of conservation procedures;

5.

assistance in the implementation of the hygiene guidelines with regard to the obduction space, equipment and instruments,

6.

Assistance in documentation of the light opening, in particular the photo documentation and

7.

the supply and preparation of the deceased for the funeral.

Operation Assistance

§ 8. (1) The operational assistance shall include assistance in carrying out surgical interventions in accordance with medical conditions and under supervision. In accordance with the provisions of the medical arrangement,

1.

the supervision by one of the members of the upscale service for health care and nursing or nursing care; or

2.

The members of the upper service for health and nursing care shall, on a case-by-case basis, further delegate the activity to members of the operational assistance and carry out the supervision of their implementation.

(2) The scope of the operational assistance shall include in particular:

1.

the acceptance, identification and preparation of the patients to be operated, including the transport and removal of the patient,

2.

the preparation of the operating room with regard to the necessary unsterile equipment and storage facilities, including their verification of operational capability, and their maintenance;

3.

the assistance in the storage of patients,

4.

the perioperative operation of the non-sterile devices,

5.

assistance in the sterilization of equipment and instruments,

6.

the preparation and functional control of the non-sterile equipment; and

7.

Assistance in the implementation of the hygiene guidelines with regard to the operating room, the equipment and the instruments.

Ordinance Assistance

§ 9. (1) The ordinance assistance includes the assistance in medical measures in medical examinations, medical group practices, independent ambulatory and medical authorities according to medical arrangement and supervision. In accordance with the provisions of the medical arrangement,

1.

the supervision by one of the members of the upscale service for health care and nursing or nursing care; or

2.

The members of the higher-level service for health and nursing care shall, on a case-by-case basis, further delegate to members of the ordinance assistance and carry out the supervision of their implementation.

(2) The scope of activity of the ordination assistance shall include:

1.

the carrying out of simple assistance activities in the case of medical measures;

2.

the implementation of standardized diagnostic programs and standardized blood, urine and stool tests by means of rapid test procedures (point-of-care testing), including blood sampling from the capillaries in the context of patient-related Laboratory diagnostics,

3.

The blood collection from the vein, except in children,

4.

care of the patients and

5.

Practical hygiene, cleaning, disinfection, sterilization and maintenance of medical devices and other equipment and heating systems as well as waste disposal.

(3) The area of activity of the ordination assistance shall also include the implementation of the organizational and administrative activities necessary for the operation of the ordination.

X-ray assistance

§ 10. (1) The X-ray assistance comprises the implementation of simple standardized X-ray examinations as well as the assistance in radiological examinations according to a medical arrangement and under supervision. In accordance with the provisions of the medical arrangement,

1.

the supervision by a radiology engineer or

2.

The radiology technologist/-in the arranged activity in individual cases to members of the X-ray assistant, and to carry out the supervision of their implementation.

(2) The area of activity of X-ray assistance shall include:

1.

the implementation of standardized thoracic radiographs,

2.

the carrying out of standardized X-ray examinations of the skeletal system,

3.

the implementation of standardized bone density measurements,

4.

the implementation of standardized mammographies,

5.

the adoption of simple standardised activities in the field of cutting-edge studies by means of computer tomography in the context of the assistance in radiological studies,

6.

the adoption of simple standardised activities in the field of cutting-edge studies by means of magnetic resonance imaging in the context of the assistance in radiological studies,

7.

Assistance in X-ray examinations of the respiratory, gastrointestinal and urogenital tracts,

8.

the transfer and assistance in the storage of patients in X-ray examinations and radiological examinations,

9.

the preparation and follow-up of the equipment and examination rooms and

10.

Organizing, managing and providing the necessary materials.

Medical Assistant

§ 11. The professional image of the medical professional assistance includes those occupational profiles according to § § 4 to 10 resp. the professional image of the nursing assistant in accordance with the GuKG or the medical masseur in accordance with the MMHmG, whose qualifications have been acquired in the course of an apprenticeship in the medical professional assistance according to § 21.

Job titles

§ 12. (1) Persons entitled to use the disinfection assistance shall be entitled to the professional title "disinfection assistant"/"disinfectant assistant".

(2) Persons entitled to use the gypsum assistant may lead the professional title "Gipsassistant"/"Gipsassistentin".

(3) Persons entitled to use the laboratory assistant may lead the professional title "Laboratory Assistant"/"Laboratory Assistant".

(4) Persons entitled to exercise the assistant's assistance may lead the professional title "Obduction Assistant"/"Obduction Assistant".

(5) Persons entitled to exercise the operational assistance shall be entitled to the professional title "Operation Assistant"/"Operation Assistant".

(6) Persons entitled to exercise the Ordination Assistance may lead the professional title "Ordination Assistant"/"Ordination Assistant".

(7) Persons entitled to use the X-ray assistant may lead the professional title "X-ray assistant"/"X-ray assistant".

(8) Persons who have obtained a qualification certificate in the medical professional assistance (§ 1 paragraph 2 Z 8) according to the provisions of this Federal Law may be the professional title "Diploma of medical professional assistant (MFA)"/" Diploma medical professional assistant (MFA) ".

(9) Persons in accordance with paragraph 8 may have the option to apply the professional title in accordance with

1.

Par. 1 to 7, or

2.

Health and Nursing Act, or

3.

Medical masseur and Heilmasseurgesetz

the profession in which they are mainly active, under the name "(MFA)".

(10) nationals of a State Party to the Agreement on the European Economic Area (EEA Contracting State) who are entitled to pursue a medical assistance profession on the basis of this Federal Law shall be entitled to do so in the home or in the home country, or The country of origin of valid legal training designations or whose abbreviations shall lead to:

1.

they are not identical to the professional title referred to in paragraphs 1 to 8 and cannot be confused with a designation which requires additional or different training in Austria; and

2.

in addition to the name and place of the teaching institution or of the examination board which awarded this qualification.

(11) The Leadership

1.

an occupation or training title as referred to in paragraphs 1 to 10 by the persons not entitled to it; or

2.

other interchangeable job and training designations by means of unauthorised persons, or

3.

Other than the legally authorised professional designations

is prohibited.

Section 2

Professional right of medical assistance occupations

Professional duties

§ 13. (1) Members of medical assistance professions shall have a conscientious exercise of their profession without distinction of the person. They must respect the well-being of the patients in accordance with the rules in force in this respect and in accordance with the technical and scientific knowledge and experience. Any self-powerful healing treatment is to be subroted.

(2) They shall be regularly updated on the latest developments and findings of medical and other occupational sciences, which are relevant for the exercise of the profession in question.

(3) In the exercise of their profession, they shall document the measures they have carried out.

(4) They shall provide all information concerning the measures they have set up to the patients concerned, their legal representatives or persons who have been designated by the persons concerned as eligible for information.

(5) They shall provide the information necessary for the treatment and care of other health professionals who treat or care for the patients concerned.

(6) They are committed to secrecy over all the secrets entrusted to them in the exercise of their profession or known. The obligation of confidentiality shall not apply if:

1.

the person concerned by the disclosure of the secret has released his/her family of medical assistance from secrecy; or

2.

the revelation of the secret of the nature and content of the protection of higher-value interests of the public health care or of the administration of justice is absolutely necessary.

Professional authority

§ 14. (1) Persons entitled to exercise a medical assistance profession shall be entitled to:

1.

have the necessary health competence to exercise their profession,

2.

the trustworthiness required for the exercise of the profession,

3.

possess the knowledge of the German language required for the professional exercise, and

4.

a certificate of qualification in the corresponding medical assistance profession (§ § 15 ff.) .

(2) It is not trustworthy, anyway,

1.

who has been sentenced to imprisonment for one or more offences committed with a criminal offence, as long as the sentence is not satisfied; and

2.

if, according to the specific nature of the offence, the commission of the same or a similar criminal offence is to be feared in the exercise of the profession.

Proof of qualification-domestic

§ 15. As proof of qualification in a medical assistant, a certificate of successful completion of the training in accordance with § 20 (1) to (7) or a diploma on the successful completion of the training in medical assistance (§ § 20 (1)) 21).

Qualification certificate-EEA

§ 16. (1) The Federal Minister for Health shall have qualifications in medical assistance occupations which are received by a national of a Contracting State of the Agreement on the European Economic Area (EEA State Party) or a national of a Contracting State of the European Union. Nationals of the Swiss Confederation have been issued by another EEA State Party or the Swiss Confederation, in accordance with the provisions of Directive 2005 /36/EC on the recognition of professional qualifications .

(2) A qualification certificate as set out in paragraph 1 shall be equivalent to one/one national of an EEA Contracting State or of the Swiss Confederation outside the European Economic Area or the Swiss Confederation Certificate of formal qualifications in a medical assistant (third country diploma), if his/her owner/s

1.

is entitled to exercise the appropriate medical assistance profession in an EEA State Party or the Swiss Confederation; and

2.

a certificate issued by the State in accordance with Z 1 to the effect that he/she has exercised the appropriate medical assistance occupation in the territory of that State for three years.

(3) Persons who are not nationals of an EEA Contracting State or of the Swiss Confederation (third-country nationals) and

1.

via a residence permit with a right of establishment in accordance with § § 45 and 49 Niederlassungs-und Residence Act (NAG), BGBl. I No 100/2005, or

2.

as nationals of an EEA Contracting State or of the Swiss Confederation or Austrians who are entitled to stay in the territory of the European Union, are entitled to reside and have a residence card in accordance with § 54 NAG or have a permanent residence card according to § 54a NAG; or

3.

by an Austrian asylum authority or the asylum court the status of an asylum seeker in accordance with § 3 Asylum Act 2005, Federal Law Gazette (BGBl). I No 100, or the status of a subsidiary entitled to subsidiary protection in accordance with § 8 of the Asylum Act 2005 or a corresponding status granted after the asylum provisions in force before the entry into force of the Asylum Act 2005, or

4.

have a "Blue Card EU" residence permit in accordance with Section 42 of the NAG,

are equivalent to nationals of an EEA Contracting State with regard to the application of Directive 2005 /36/EC.

(4) The applicant shall have:

1.

proof of nationality and, in the case of third-country nationals, as referred to in paragraph 3, proof of residence permit,

2.

the qualification certificate and, where appropriate, proof of professional qualifications and professional experience,

3.

proof of the health suitability required for the fulfilment of the professional duties,

4.

proof of the trustworthiness required for the fulfilment of the professional duties, and

5.

proof of a residence or an authorised representative in Austria

. Proof of proof according to Z 3 and 4 may not be older than three months. The applicant shall immediately notify the Authority of any change in the place of residence or of the service representative (Z 5).

(5) The Federal Minister for Health shall, within one month, confirm the receipt of the documents and inform him of the missing documents. The decision on admission to the profession shall take place within four months of the complete submission of the necessary documents.

(6) Admission to the profession is conditional on the successful completion of a compensatory measure in the form of an adaptation period (paragraph 1). 7) or an aptitude test (para. 8) if the training obtained differs significantly from the relevant Austrian training, taking into account the knowledge acquired in the context of professional experience. The applicant is responsible for the choice between the adaptation period and the aptitude test.

(7) An adaptation period shall be the exercise of the appropriate medical assistance profession in Austria under the responsibility of a qualified professional, accompanied by an additional training, provided that such training has been carried out in the following: is required and is to be assessed.

(8) An aptitude test is an examination subject exclusively to the professional knowledge and skills of the applicant, with which the applicant's ability to assist the applicant, in Austria, the appropriate medical assistance profession. is to be exercised.

(9) More detailed rules on the admission to and the implementation and evaluation of adaptation period and aptitude test must be laid down by the Federal Minister for Health by Regulation.

(10) In cases where admission to the profession is subject to the condition of successful completion of a compensatory measure, compliance with the prescribed compensatory measure shall be carried out by the Federal Minister for Health in the following: To enter a professional admission notice. The right to exercise the medical assistant's profession is only made with registration.

Qualification certificate-Nostrification

§ 17. (1) Persons who have completed a state-recognized training abroad in a medical assistance occupation, which is not covered by § 16, are entitled to the recognition of their qualification certificate (nostrification) to/at the Provincial Governor of the country in whose field

1.

the main residence,

2.

and then the prospect of residence,

3.

and then the prospect of a professional seat,

4.

and then the place of duty, and

5.

Finally, the envisaged place of professional activity

is to be requested.

(2) The applicant shall submit the following evidence:

1.

the passport,

2.

proof of a principal place of residence or of a person with an assignment in Austria,

3.

proof of the courses attended by the foreign training institution, the examinations which have been carried out and the scientific work that is available, and

4.

the certificate issued as proof of the proper training qualification and entitled to practise the profession in the state in which it was acquired.

(3) The documents referred to in paragraph 2 are to be presented in the original or in certified copy, together with the translation by a translator (s) in court.

(4) Apart from the submission of individual documents pursuant to paragraph 2 (2) (3), it may be waived if, within a reasonable period of time, the applicant is credited with the fact that the documents cannot be taught and the documents submitted are for a Decision is sufficient.

(5) For refugees pursuant to Article 1 of the Convention on the Status of Refugees, BGBl. No 55/1955, which has been lawfully resident in the territory of the Republic of Austria or which has taken up Austrian citizenship, the obligation to submit the passport in accordance with paragraph 2 (2) is no longer required.

(6) The Landeshauptmann/Landeshauptfrau (Landeshauptmann/Landeshauptfrau) has to consider whether the training completed by the applicant (s) abroad is equivalent to the overall scope and training contents of the corresponding Austrian training. In the context of the nostrification, a relevant professional experience must be taken into account in the assessment of practical training, provided that this lack of content covers.

(7) In the event of the fulfilment of all the conditions set out in paragraphs 2 to 6, the Governor of the State of the Land/Country of the State shall be responsible for determining the equivalence of the foreign training.

(8) If the equivalence is not fully present, the nostrification shall be linked to one or more of the following conditions:

1.

Successful filing of one or more supplementary exams,

2.

successful completion of the specialist area work,

3.

Successful completion of a traineeship or several internships.

(9) More detailed rules on the admission to and the implementation and evaluation of supplementary training are to be laid down by the Federal Minister for Health by Regulation.

(10) The fulfilment of the conditions imposed in accordance with paragraph 8 shall be entered in the notification of nostrification by the Governor of the State of the State or the State Governor. The right to exercise the appropriate medical assistant's profession is only made with registration.

Professional exercise

§ 18. (1) The exercise of medical assistance occupations may only be exercised in the service relationship.

1.

the legal entity of a hospital, or

2.

the legal entity of any other body, under medical or nursing supervision or supervision, which is responsible for the prevention, detection or cure of diseases or of aftercare, care for persons in need of care or the production of of blood or blood components, or

3.

A freelance doctor or a medical group practice, or

4.

One or more freelance biomedical analysts or radiologietechnologists/-in or

5.

a medical authority, or

6.

an institution of research, science, industry and veterinary medicine

in accordance with the relevant professional image.

(2) A professional practice in the medical assistance occupations is also in the way of the Labour Force surrender in accordance with the provisions of the Labour Force Act-AÜG, BGBl. No 196/1988, subject to the condition that:

1.

A person in accordance with Section 3 (3) of the AÜG is a body or person in accordance with the first paragraph of this article,

2.

that no more than 10% of the health professionals employed by health professionals, or in the case of establishments or persons referred to in paragraph 1, who have fewer than 10 employees, no longer than he/she uses a health professional and/or a member of a health professional; and

3.

the quality of the service is ensured in accordance with the needs of the patients ' treatment and care continuity, and the structure and equipment of the facility.

Withdrawal of professional qualifications

§ 19. (1) The right to pursue a medical assistant's profession shall be withdrawn by the district administrative authority responsible for the place of employment of the person concerned, after the main residence, if such a person is not in Austria, if the person concerned has a right to the conditions laid down in § 14 have not been initially met or have been omitted.

(2) The Austrian certificate or diploma (§ 15) or the communication on the recognition of the training completed abroad (§ § 16 f.) is to be used on the occasion of the deprivation of the right to work according to paragraph 1.

(3) There are no longer any concerns about the resumption of the professional exercise by persons whose authority has been withdrawn pursuant to paragraph 1 above, and shall be granted the right of professional authority by the district administrative authority at the request of the person concerned. and to retrace the documents that have been drawn up.

(4) An appeal may be made to the independent administrative Senate of that country in respect of which the principal residence of the person concerned is situated.

(5) Appeal pursuant to para. 1 and 3 as well as appellants pursuant to paragraph 4 are to be brought to the attention of the Federal Minis terium for health.

Section 3

Training in medical assistance occupations

Training

§ 20. (1) The training in disinfection assistance shall comprise at least 650 hours, at least half of which shall be based on practical training and at least one third shall be responsible for the theoretical training.

(2) The training in gypsum assistance shall comprise at least 650 hours, at least half of which shall be based on practical training and at least one third shall be responsible for the theoretical training.

(3) The training in laboratory assistance shall comprise at least 1300 hours, at least half of which shall be based on practical training and at least one third shall be responsible for the theoretical training.

(4) The training in the assistance assistance shall comprise at least 650 hours, at least half of which shall be based on practical training and at least one third shall be allocated to the theoretical training.

(5) The training in operational assistance shall comprise at least 1100 hours, with at least half of which shall be based on practical training and at least one third shall be allocated to the theoretical training.

(6) The training in ordination assistance shall comprise at least 650 hours, at least half of which shall be based on the practical training and at least one third shall be responsible for the theoretical training.

(7) The training in X-ray assistance shall comprise at least 1300 hours, at least half of which shall be based on practical training and at least one third shall be responsible for the theoretical training.

(8) In the context of practical training, the trainees are entitled to carry out activities of the respective medical assistance profession in accordance with § § 4 to 10 according to the arrangement and under the supervision and supervision.

Training in medical assistance

§ 21. (1) Training in medical professional assistance shall include:

1.

the successful completion of training in accordance with paragraph 2 as well as

2.

the creation of a specialist area work

in the total of at least 2500 hours.

(2) Training courses leading to medical professional assistance are:

1.

at least three training courses in medical assistance occupations according to § 20 or

2.

A training in nursing assistance according to GuKG or as a medical masseur in accordance with MMHmG as well as at least one training in a medical assistance profession according to § 20.

School for medical assistance occupations

§ 22. (1) Training in medical professional assistance is to be carried out in schools for medical assistance occupations. A school for medical assistance occupations has to offer at least three training courses in medical assistance occupations according to § 20.

(2) If a training facility is also offered a training in nursing assistance according to GuKG or an apprenticeship as a medical masseur in accordance with MMHmG, it can be approved as a school for medical assistance occupations if: it offers at least two training courses in medical assistance occupations, at least one of which is an education in the laboratory or radiology assistance.

(3) A school for medical assistance occupations may only be run on the basis of the authorization of the Governor of the State/Main State. An authorisation shall be granted if it is proved that:

1.

the premises and teaching aids required for the holding of theoretical and practical teaching, as well as social spaces, are available;

2.

the teaching and personnel required for the theoretical and practical training, which are technically and pedagogically suitable and which have the necessary professional experience, are available and

3.

the implementation of practical training is ensured under the guidance and supervision of the relevant experts.

(4) The Landeshauptmann/Landeshauptfrau (Landeshauptmann/Landeshauptfrau) has to regularly check the existence of the conditions set out in paragraph 2. If these are not available or are no longer available, the authorization shall be withdrawn after a reasonable period of time has been set in order to remedy the deficiencies.

(5) An appeal is not admissible in respect of the case of the Governor of the Land/Country of the Land referred to in paragraphs 3 and 4 of this Article.

Courses

§ 23. (1) The training in a medical assistant may also take place in courses which require the approval of the head of the provincial governor/provincial governor.

(2) § 22 (3) to (5) shall apply.

Initial vocational training

§ 24. (1) Persons who complete their initial vocational training may only be admitted to an education in the medical professional assistance.

(2) In duly substantiated individual cases and in the case of completion of an education according to § 25, a person who has not yet completed initial vocational training can also be admitted to a training course only in a medical assistant. In this case, the training can also take place in a course according to § 23.

Training in ordination assistantships in service

§ 25. (1) The training in the ordination assistant may also take place within the framework of a service relationship with a physician established, a medical group practice, a self-employed ambulatory or a medical authority, provided that: This will provide all the knowledge and skills required in the training.

(2) The theoretical training is to be completed at a school for medical assistance occupations according to § 22 or a course for ordinance assistance according to § 23. In the case of trainings in the service relationship, there is the possibility of a grant of the Landeshauptmann/Landeshauptfrau (Landeshauptfrau/Landeshauptfrau) restricted to the holding of the theoretical training.

(3) In the context of practical training, the best possible theory-practice transfer is to be guaranteed.

(4) In the course of the training provided for in paragraph 1, activities of the ordination assistance may be carried out under the guidance and supervision prior to the completion of the training (ordination assistant in training), provided that the ordination assistance is in Training has the appropriate knowledge and skills. The successful completion of the training is to be proven within three years from the start of the activity as an ordinance assistant in training. If after the end of the three-year period the successful completion of the training cannot be proved, the entitlement to the further professional exercise of the activity in the ordination assistance shall expire. The interruption of the training in a row

1.

of employment bans according to the Mother Protection Act 1979, BGBl. 221,

2.

von Karenzzeiten according to the Maternity Protection Act 1979, Child Care Money Act, BGBl. I n ° 103/2001, or the Fathers Karenzgesetz, BGBl. No 651/1989,

3.

of a presence or training service pursuant to the Wehrgesetz 2001, BGBl. I n ° 246,

4.

civil service in accordance with civil service law 1986, BGBl. No. 679, or

5.

a family hospice card or exemption in accordance with the relevant national or national laws or regulations; or

6.

a disease lasting longer than three months

Inhibits the course of the three-year period.

Training Regulation

§ 26. The Federal Minister for Health has more detailed provisions on training in medical assistance occupations, in particular:

1.

the contents and the minimum level of theoretical and practical training, including the qualifications to be acquired,

2.

the technical requirements for the management and teaching staff of schools for medical assistance occupations and/or Courses,

3.

Quality assurance of schools for medical assistance occupations or Courses,

4.

the admission in and the exclusion from a school for medical assistance occupations or a course,

5.

the implementation of the theoretical and practical training, including special provisions on training in the ordinance assistance according to § 25,

6.

the calculation of examinations and internships,

7.

the performance and assessment of the performance, including the repetition and composition of the examination board,

8.

the specialist area work and

9.

the form and content of the certificates and diplomas to be issued

in accordance with the requirements of professional practice in the appropriate medical assistance profession and taking into account methodological and didactical principles to ensure the best possible theory-practice transfers and to ensure the To establish quality of training by Regulation.

3. Main piece

Activity in the training therapy by sports scientists

Training therapy

§ 27. (1) The training therapy provided by sports scientists includes the structural improvement of the movement sequences and the organ systems with the aim of coordination, strength, endurance and balance through systematic training, building on the stabilization of the primary disease and the complementary treatment of secondary diseases. The overall aim is to avoid the re-entry of diseases and the emergence of subsequent diseases, painting adaptations and chronicles.

(2) Training therapy by sport scientists must be carried out according to a medical arrangement and under supervision. In accordance with the provisions of the medical arrangement,

1.

the supervision of a physiotherapist or physiotherapist is carried out or

2.

The physiotherapist will delegate his/her activity in the individual case to sports scientists and carry out the supervision of their implementation.

(3) Sports scientists who are entitled to exercise the training therapy are entitled to take blood from the capillary for lactate measurement after medical prescription.

Authorization to exercise the training therapy

§ 28. (1) Persons who:

1.

possess the health competence and trustworthiness required for the fulfilment of the professional duties (§ 14 (1) (1) and (2)),

2.

possess the knowledge of the German language required for the exercise of their profession (Article 14 (1) (3)),

3.

have a qualification certificate in accordance with § 30, and

4.

are entered in the list of sports scientists entitled to exercise the training therapy,

shall be entitled to exercise the training therapy in accordance with § 27 and to lead the professional title "Training Therapist"/"Training Therapist".

(2) The Federal Minister for Health shall, after hearing the training therapy board (§ 31), withdraw the right to exercise the training therapy if the conditions laid down in paragraph 1 were not initially met or if the conditions laid down in paragraph 1 were not met. have fallen away.

(3) On the occasion of the withdrawal of the entitlement under the second paragraph, the sports scientist must be removed from the list of sports scientists who are entitled to exercise the training therapy.

(4) If

1.

the conditions laid down in paragraph 1 are met and

2.

there are no objections to the resumption of the professional exercise,

The right to exercise the training therapy shall be returned by the Federal Minister for Health at the request of the person who has been deprived of the right pursuant to paragraph 2, and the person concerned shall be included in the list of persons responsible for exercising the training. Training therapy authorized sports scientists to enter.

Exercise of training therapy

§ 29. (1) The exercise of the training therapy may only be carried out in the service relationship.

1.

the legal entity of a hospital, or

2.

the legal entity of any other body under medical supervision or supervision which is responsible for the prevention, detection or cure of diseases, or

3.

A freelance doctor or a medical group practice, or

4.

A freelance physiotherapist/-in

,

(2) Persons performing the training therapy shall be subject to the professional duties according to § 13.

(3) In the context of practical training, the trainees are entitled to carry out activities in the training therapy according to § 27 according to arrangement and under supervision and supervision.

Proof of qualification-general and individual accreditation

§ 30. (1) The qualification certificate shall be:

1.

a university degree "Sport sciences", completed or nostrified at an Austrian university, which is recognised by the Federal Minister for Health in accordance with § 34 Z 3 (General Accreditation) or

2.

a communication from the Federal Minister for Health, which states that the training required for the exercise of the training therapy is shown in accordance with the Regulation of the Federal Minister for Health pursuant to § 34 Z 1 and 2 is (individual accreditation).

(2) The Federal Minister for Health

1.

Study plans of university studies "sports sciences", which appear suitable for general accreditation, as well as

2.

changes in curricula which have already been generally accredited;

.

(3) In order to obtain a qualification certificate in accordance with paragraph 1 Z 2, persons whose university studies "sports sciences" are not generally accredited are entitled to the recognition of the university studies completed by them "Sport sciences" as a prerequisite for the exercise of the training therapy at the Federal Minister for Health to apply for.

(4) The applicant shall submit the following documents in the original or in a certified copy:

1.

Proof of the successful completion of the university studies "Sport sciences" or the nostrification of a corresponding foreign university degree and

2.

Proof of possible additional training.

(5) The Federal Minister for Health has to obtain an expert opinion of the training therapy board (§ 31) in the case of applications submitted in accordance with paragraph 3 for the assessment of the requirements of the established minimum requirements for the training.

(6) The training therapy committee shall draw up an opinion on whether the minimum requirements for the training have been demonstrated on the part of the applicant, or whether theoretical and/or practical training contents within the framework of a training programme for the training of the applicant have been proven. additional tertiary education.

(7) If the applicant has a missing training content, he/she shall be entitled to apply for the application of the procedure until the missing training contents have been collected. If the missing training contents have been obtained, the procedure must be continued on request and, if necessary, after a further hearing of the training therapy board, it must be concluded in a modest way.

Training Therapy Council

§ 31. (1) The Federal Ministry of Health shall set up a training therapy advisory board, which shall carry out in particular the following tasks:

1.

Review of university studies "Sport sciences" in accordance with the minimum requirements for general accreditation as defined by the Regulation in accordance with § 34,

2.

Examination of applications for recognition of university studies "sports sciences" for individual accreditation,

3.

Opinion in the procedure for the withdrawal of the professional authority pursuant to § 28 (2),

4.

The entry in the list of sports scientists entitled to exercise the training therapy.

(2) Members of the training therapy board are:

1.

A legal representative of the Federal Ministry of Health as Chairperson,

2.

A further representative of the Federal Ministry of Health,

3.

a member of the physiotherapeutic service who, due to his/her professional and scientific qualifications, is particularly suitable for this activity,

4.

A sports scientist who is particularly suitable for this activity due to his/her professional and scientific qualifications, and

5.

A doctor nominated by the Austrian Medical Association (Austrian Medical Association) who is particularly suitable for this activity because of his/her professional and scientific qualifications.

(3) The members pursuant to Section 2 (2) (3) to (5) and one alternate (s) shall be appointed by the Federal Minister for Health for a period of five years from the Federal Minister for Health. It is possible to re-appoint.

(4) The training therapy committee shall adopt its rules of procedure which shall ensure the performance of the tasks assigned to it. The Rules of Procedure shall contain detailed provisions concerning, in particular, the convening, the expiry, the presence, the representation and the decision-making, and shall require the approval of the Federal Minister for the validity of the authorisation by the Federal Minister for Foreign Affairs Health.

(5) The members of the training therapy board shall perform their duties in accordance with paragraph 1 on a voluntary basis.

List of sports scientists who are entitled to exercise the training therapy

§ 32. (1) The Federal Minister for Health has, in order to safeguard the public interest in an ordered collection, to have an electronic list of the sports scientists entitled to exercise the training therapy, to provide the following data: has included:

1.

Entry number,

2.

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

3.

academic degrees,

4.

birth date and place of birth,

5.

nationality,

6.

Qualification certificate,

7.

Main residence and/or habitual residence,

8.

telephone number and email address,

9.

Service provider including address,

10.

Start of the professional exercise in the training therapy,

11.

Department (s) in the case of persons according to § 40,

12.

Cessation of the professional exercise in the training therapy.

(2) The data referred to in paragraph 1 (1) to (3), (10) to (12) shall be made publicly available and in a suitable manner on the Internet in a generally accessible manner.

(3) Sport scientists who carry out activities in the training therapy are entitled to enter the list of persons entitled to exercise the training therapy before taking up their duties with the Federal Minister for Health. To submit the required proof in accordance with § 28 (1) (1) to (3).

(3) The proof of the health fitness required for the fulfilment of the professional duties is to be provided by a medical certificate. Proof of trustworthiness is to be provided by presenting a criminal record. The medical certificate and the information on the registration of criminal records may not be older than three months at the time of registration for registration.

(4) Those who fulfil the requirements of § 28 (1) (1) to (3) shall be entered by the Federal Minister for Health in the list of sports scientists who are entitled to exercise the training therapy. Persons who have registered in accordance with paragraph 2 for registration and do not fulfil these requirements are to refuse registration by the Federal Minister for Health with a communication.

(5) The inclusion of the activities in the training therapy may only be included in the list of sports scientists who are entitled to exercise the training therapy after being entered.

Change messages

§ 33. (1) Sports scientists who are entered in the list shall have the following written reports together with the corresponding proof, within one month:

1.

Name change,

2.

Change or acquisition of academic degrees,

3.

Change of nationality,

4.

change in the main residence or habitual residence,

5.

Change of service,

6.

Cessation of the professional exercise in the training therapy.

(2) The Federal Minister for Health has to make the necessary changes and additions to the list.

Training Therapy Regulation

§ 34. The Federal Minister for Health has a regulation

1.

the minimum training requirements necessary for the exercise of training therapy,

2.

the qualifications to be acquired for the exercise of training therapy;

3.

University studies, which are generally accredited in accordance with § 30 (1) (1) (1) (1)

.

4. Main piece

Transitional, Straf and Final provisions

Section 1

Transitional provisions

Health assistance services

§ 35. (1) Persons who, at the time of the entry into force of this Federal Act, have the right to be a "disinfectant assistant"/"disinfectant" in accordance with § 52 para. 1 MTF-SHD-G are to exercise the medical assistance profession Disinfection assistance according to the provisions of this Federal Law, if and insofar as they have the necessary knowledge and skills, and may lead the professional title "disinfection assistant"/"disinfection assistant".

(2) Persons who, at the time of entry into force of this Federal Act, have the right to pursue a "Prosekturgehilfin" (Prosekturgehilfin) professional qualification pursuant to § 52 (1) MTF-SHD-G, are responsible for the exercise of the medical assistance profession Obduction Assistance after the entry into force of the German Federal Law. The provisions of this Federal Law shall be entitled, if and to the extent that they have the necessary knowledge and skills, and may lead the professional title "Obduction Assistant"/"Obduction Assistant".

(3) Persons who, at the time of entry into force of this Federal Act, have the right to work as an "surgical assistance"/"surgical assistant" in accordance with § 52 (1) MTF-SHD-G, shall be assisted in the exercise of the medical assistance professional by an operating assistant The provisions of this Federal Law shall be entitled, if and to the extent that they have the necessary knowledge and skills, and may lead the professional title "Operation Assistant"/"Operation Assistant".

(4) Persons who, at the time of the entry into force of this Federal Act, have the right to work as an "ordination assistant"/"Ordinationsgehilfin" according to § 52 paragraph 1 MTF-SHD-G, are to exercise the medical assistant professional ordination assistance according to the provisions of this Federal Law, if and to the extent that they have the necessary knowledge and skills, and may lead the professional title "Ordination Assistant"/"Ordination Assistant".

(5) Section 1 to 4 shall also apply to persons who, by 31 December 2013, have commenced training in the respective medical assistance service in accordance with the provisions of the MTF-SHD-G, which have been in force until now, as soon as they have successfully completed them.

(6) The training in the medical professional assistance of persons according to para. 1 to 5 includes:

1.

at least two further training courses in medical assistance occupations and

2.

a specialist area work according to § 21 (1) Z 2

in accordance with the provisions of this Federal Law.

Gipser/Inside

§ 36. (1) Persons who are at the time of the entry into force of this Federal Law

1.

are entitled to practise as an aid assistant in accordance with § 52 para. 1 MTF-SHD-G or for the exercise of a health and nursing profession in accordance with the provisions of the GuKG, and

2.

in the last five years prior to the entry into force of this Federal Act, for at least 36 months, or, in the case of part-time employment, for a corresponding period of time devoted to the activities of the

Are entitled to exercise the Gipsassistenz and to lead the professional title "Gipsassistant"/"Gipsassistentin" according to the provisions of this Federal Law.

(2) The Landeshauptmann/Landeshauptfrau (Landeshauptmann/Landeshauptfrau) has to issue a confirmation on request on the basis of the proven activity in accordance with paragraph 1 Z 2. This confirmation entitles you to use the gypsum assistance.

(3) Applications referred to in paragraph 2 shall be submitted by 31 December 2014 at the latest at the Landeshauptmann/Landeshauptfrau (Regional Governor).

(4) An appeal shall not be admissible against the failure of a confirmation pursuant to paragraph 2.

Medical-technical technical service-medical assistance professions

§ 37. (1) Persons who, at the time of entry into force of this Federal Act, have the right to professional medical-technical service in accordance with § 52 paragraph 1 MTF-SHD-G, shall be responsible for the exercise of laboratory assistance and X-ray assistance in accordance with the Provisions of this Federal Law entitled.

(2) Persons referred to in paragraph 1 shall have the opportunity to:

1.

further, the professional title "Diploma-certified medical-technical expert" in accordance with § 43 MTF-SHD-G or

2.

the professional title referred to in Article 12 (3) or (7) of the division in which they are predominantly active, with the name "(MTF)"

,

(3) Para. 1 and 2 shall also apply to persons who, until 31 December 2012, have started training in the medical technical service according to the current provisions of the MTF-SHD-G as soon as they have successfully completed them.

Medical-technical specialist service-high-quality medical-technical services

§ 38. (1) Persons who, at the time of entry into force of this Federal Act, have the right to professional medical-technical service in accordance with § 52 paragraph 1 MTF-SHD-G and in the last eight years at least 36 months

1.

individual activities of the medical-technical laboratory service referred to in paragraph 7 or of the radiological-technical service referred to in paragraph 8; or

2.

The medical-technical technical service without supervision

, they shall be entitled to continue to carry out these activities in accordance with a medical order in accordance with § 52 (3) MTF-SHD-G until 31 December 2014.

(2) The Landeshauptmann/Landeshauptfrau (Landeshauptmann/Landeshauptfrau) has to issue persons in accordance with paragraph 1 on request the right to perform the activities referred to in paragraph 1 also after 31 December 2014. The prerequisite for the authorization is that the execution of activities as referred to in paragraph 1 is proven. An appeal is not permitted against the exhibition or the failure of this permission.

(3) Persons who, at the time of entry into force of this Federal Act, have the right to professional medical-technical service in accordance with § 52 paragraph 1 MTF-SHD-G and in the last eight years at least 30 months

1.

individual activities of the medical-technical laboratory service referred to in paragraph 7 or of the radiological-technical service referred to in paragraph 8; or

2.

The medical-technical technical service without supervision

, they shall be entitled to continue to carry out these activities in accordance with a medical order in accordance with § 52 (3) MTF-SHD-G until 31 December 2016.

(4) The Landeshauptmann/Landeshauptfrau (Landeshauptmann/Landeshauptfrau) has to issue persons in accordance with paragraph 3 on request for the exercise of the activities referred to in paragraph 1, even after 31 December 2016. The prerequisite for authorization is:

1.

that the performance of activities referred to in paragraph 3 is demonstrated, and

2.

A certificate of successful completion of the Commission's examination in accordance with paragraph 6 of the relevant department.

An appeal is not permitted against the exhibition or the failure of this permission.

(5) The Landeshauptmann/Landeshauptfrau (Landeshauptmann/Landeshauptfrau) has persons who have successfully completed the training in the medical-technical specialist service in accordance with MTF-SHD-G, on request the right to pursue activities according to paragraph 7 Z 1 to 7 or paragraph 8 Z 1 and 2. The prerequisite for the authorization is a certificate of successful completion of the mission examination in accordance with paragraph 6 of the respective department. An appeal is not permitted against the exhibition or the failure of this permission.

(6) The missions of the Commission pursuant to paragraphs 4 and 5 shall be carried out by the Office of the respective Land Government by 31 December 2016 at the latest. The following persons belong to the examination board:

1.

A representative of the Governor of the country (s) as chairperson,

2.

1/e of the Austrian Medical Association (Austrian Medical Association), who has been a specialist in the special subject,

3.

1/e of a university of applied sciences degree course in the corresponding high-level medical-technical service of well-known professional representatives and

4.

A professional representative of the statutory interest representatives/in the employees.

The Federal Minister for Health has to lay down more detailed provisions on the implementation of the audit, including the determination of the level of the examination fees.

(7) Among the activities of the medical-technical laboratory service referred to in paragraph 1 and paragraph 3

1.

Assistant in investigations in the field of electroneuro-function diagnostics and cardio-pulmonary function diagnostics,

2.

the carrying out of procedures in special clinical chemistry,

3.

the implementation of procedures in special hematology,

4.

the implementation of procedures in particular haemostaseology,

5.

the implementation of procedures in special immunohematology and transfusion medicine,

6.

the implementation of procedures in specific immunology,

7.

the implementation of procedures in the specific histology,

8.

the implementation of procedures in cytology,

9.

the implementation of methods in molecular diagnostics.

(8) Under the activities of the radiological and technical service referred to in paragraph 1 and paragraph 3,

1.

the assistant in interventional radiology,

2.

the carrying out of ultrasound examinations,

3.

the conduct of nuclear medicine procedures,

4.

the implementation of radiotherapy procedures,

5.

the carrying out of cutting-edge studies by computer tomography,

6.

the carrying out of cutting image examinations using magnetic resonance imaging.

(9) The Landeshauptmann/Landeshauptfrau shall transmit to the Federal Minister for Health no later than 30 June 2017 the number of allowances issued pursuant to paragraphs 2, 4 and 5 under the guidance of the respective divisions and activities.

(10) Persons referred to in paragraphs 1, 3 and 5 shall be regularly informed of the latest developments and findings of medical and other occupational sciences relevant to the pursuit of the activities in question pursuant to paragraphs 7 and 8. Training. The minimum level of this training obligation shall be 40 hours within five years.

Medical-technical service-medical/masseur/in

§ 39. (1) Persons who, at the time of entry into force of this Federal Act, have the right to professional medical-technical service pursuant to § 52 paragraph 1 MTF-SHD-G are also responsible for the exercise of the profession of the medical masseur according to the Provisions of the Medical Mass and Heilmasseurgesetz entitled, if and insofar as they possess the necessary knowledge and skills, and may lead the professional title "Medical masseur"/"Medical Masseur".

(2) Persons in accordance with paragraph 1 are in the course of a professional exercise as a medical masseur/in the exercise of the special qualification of the hydrotherapy and balneotherapy and for the guidance of the additional designation "medical bath master"/" medical Bademeisterin " in brackets according to the provisions of the medical masseur and Heilmasseurgesetz (medical mass and medical law).

(3) Persons in accordance with paragraph 1 are in the course of a professional exercise as a medical masseur/in the exercise of the special qualification of the electrotherapy and for the guidance of the additional designation "electrotherapy" in parenthesis according to the provisions of the Medical masseur and Heilmasseurgesetz entitled.

(4) Para. 1 to 3 shall also apply to persons who, until 31 December 2012, have commenced training in the medical technical service in accordance with the current provisions of the MTF-SHD-G, as soon as they have successfully completed them.

Sports Science

§ 40. (1) Persons who have completed a study of the sports sciences and have been fully engaged in the last five years before the entry into force of this Federal Law for at least 36 months or, accordingly, for a longer period of time in the case of parttime activities in the Training therapy as an auxiliary person (§ 49 para. 2 of the Medical Association 1998) has exercised the right to continue to pursue these activities in the same field of training therapy in accordance with the provisions of this Federal Act.

(2) The Federal Minister for Health shall, on request, enter the persons referred to in paragraph 1 on the basis of the documented activity on the list in accordance with § 32 and to note the respective department.

(3) Applications referred to in paragraph 2 shall be submitted to the Federal Minister for Health by 30 June 2014 at the latest. The request shall be

1.

proof of a university degree "Sport sciences", completed or nostrified at an Austrian university,

2.

the evidence of the activity in the respective department referred to in paragraph 1,

3.

the proof of the health fitness required for the fulfilment of the professional duties, and

4.

Proof of the trustworthiness required for the fulfilment of the professional duties

.

(4) Persons who have completed a study of the sports sciences and perform activities in the training therapy at the time of entry into force of this Federal Law, but do not meet the conditions set out in paragraph 1 above, may be engaged in activities in the Exercise therapy in accordance with § 27 until the end of 31 December 2015. After this date, the authorization will be issued.

Section 2

Criminal and final provisions

Criminal provisions

§ 41. (1) If the offence does not constitute a criminal offence within the jurisdiction of the courts, an administrative surrender shall be committed and shall be punishable by a fine of up to EUR 5 000, who shall:

1.

carry out an activity in a medical assistant profession or in the training therapy according to § § 4 to 11 and 27, without being entitled to this federal law or any other statutory provision, or

2.

A person who is not entitled to an activity in a medical assistant or in training therapy by this federal law or by another legal requirement is not entitled to an activity.

(2) Who

1.

carry out an activity under one of the professional titles laid down in this Federal Law (§ § 12 and 28 (1)), without being entitled to

2.

the orders or prohibitions contained in § 12 para. 11, § 13 para. 6, § 18, § 22 para. 3, § 23 para. 1, § 29 para. 1 and § 33 para. 1, or

3.

the regulations or prohibitions contained in the regulations adopted pursuant to this Federal Act

, unless the action constitutes the offence of a criminal act falling within the jurisdiction of the courts, it shall be subject to an administrative surrender and shall be punishable by a fine of up to EUR 5 000.

(3) The attempt under para. 1 and 2 shall also be punishable.

entry into force

§ 42. (1) This federal law, with the exception of § § 27 to 34 as well as 40, occurs with 1. Jänner 2013 in force.

(2) Regulations on the basis of this Federal Act may be issued as of the day following that of its customer. They shall enter into force at the earliest with the entry into force of this Federal Law.

Enforcement

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

Article 2

Change of MTF-SHD-G

The Federal Act on the regulation of the medical and technical technical service and the medical assistance services (MTF-SHD-G), BGBl. N ° 102/1961, as last amended by the Federal Law BGBl. I No 61/2010, is amended as follows:

1. § § 38 to 42 together with the headings are deleted.

2. § 44 lit. c, e, f and k is deleted.

§ § § 45 to 50 are deleted.

4. § 51 lit. c, e, f and k is deleted.

5. § 52 (8) second sentence is deleted.

6. § § 52a to 52e, including headings, are deleted.

7. The 3. The main part of the fifth part is omitted.

8. In § 60 (1) the term " ", 52a para. 1, 52e para. 3" .

9. The following paragraphs 17 to 21 are added to § 68:

" (17) With expiry of 31 December 2012

1.

§ § 38 to 42, § 44 lit. c, e, f and k, § § 45 to 50, § 51 lit. c, e, f and k, § 52 para. 8 second sentence, § § 52a to 52e together with the headings and the 3. Main part of the V part and

2.

§ 60, paragraph 1, as amended by the Federal Law BGBl. I No 89/2012 in force.

(18) Training courses in the medical and technical field service, which are available before 1. January 2013 has been started, and will be completed by 31 December 2016 at the latest, according to the current regulations.

(19) By the end of December 31, 2013, training in the medical assistance services can be carried out in accordance with the before the Novelle BGBl. I n ° 89/2012, the provisions of this Federal Law are to be started. These training courses must be carried out in accordance with the provisions currently in force and will be completed by 30 June 2014 at the latest.

(20) The proceedings in accordance with § § 52a, 52b and 52e, which are pending at the end of 31 December 2012, shall be continued and concluded in accordance with the legal situation in force before that date.

(21) Supplementary trainings, which according to § 52d in the version before the Novelle BGBl. I n ° 89/2012 as part of the nostrification procedure, may be completed under the law applicable before that date and must be completed by 31 December 2015 at the latest. The same applies to the completion of an adaptation period or an aptitude test in the course of an admission to the professional practice according to § 52e. "

Article 3

Amendment of the Health and Health Care Act

The Health and Health Care Act, BGBl. I n ° 108/1997, as last amended by the Quality Assurance Framework Act, BGBl. I No 74/2011, is amended as follows:

1. In the table of contents, the line " § 2a ... Implementation of Community law " through the row " § 2a ... Implementation of Union law " replaced.

2. The heading to § 2a reads as follows:

'Implementation of Union law'

3. In § 2a the following Z 6 is inserted after Z 5:

" 6.

Directive 2009 /50/EC on the conditions of entry and residence of third-country nationals for the purposes of highly qualified employment, OJ L 327, 30.4.2009, p. No. OJ L 155, 18.06.2009 p. 17;

4. In Section 3 (4), the following Z 5a is inserted after Z 5:

" 5a.

Medical assistant professions-Law-MABG, BGBl. I No 89/2012, "

5. In Section 15 (6), the word shall be given in Z 3. "and" at the end, and in Z 4 the point at the end is replaced by a dash and the following Z 5 is added:

" 5.

Persons who are members of the operational assistance and the ordination assistance or in training for these medical assistance occupations within the framework of practical training activities according to § § 8 and 9 MABG. "

6. In § 28a (3) Z 2, the word "Community law" by "Union law" replaced.

7. According to Section 28a (3) Z 3, the following Z 4 is inserted:

" 4.

have a residence permit "Blue Card EU" according to § 42 NAG. "

8. § 65a (1) Z 5 becomes the phrase " and according to private university law-PUG, BGBl. I No 74/2011, " .

9. In § 65b (1) Z 1, the phrase "or Uni-AkkG" through the phrase ", Uni-AkkG or PUG" replaced.

10. The following paragraphs 13 and 14 are added to § 117:

" (13) § 65a (1) (5) and § 65b (1) (1) (1) (1), as amended by the Federal Law BGBl. I n ° 89/2012 will enter into force on 1 March 2012.

(14) § 3 (4) and § 15 (6) in the version of the Federal Law BGBl. I n ° 89/2012 will be 1. Jänner 2013 in force. "

Article 4

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 Quality Assurance Framework Act, BGBl. I No 74/2011, is amended as follows:

1. In the table of contents, the line " § 35a ... Implementation of Community law " through the row " § 35a ... Implementation of Union law " replaced.

2. In § 2 para. 3, after the word order "of contrast media" the phrase "and radiopharmaceuticals" inserted.

3. In § 2 para. 6 the word order shall be "Speech, speech, voice and hearing disorders" through the phrase "Speech, speech, voice, swallow and hearing disorders" replaced and after the word "Medical" the phrase "or dental" inserted.

4. In § 4, the following paragraphs 3 and 4 are added in accordance with paragraph 2:

" (3) Persons entitled to perform the medical-technical laboratory service shall have the power, in accordance with the medical arrangement, to carry out the activities carried out to members of the laboratory assistant or in training for laboratory assistance To further delegate and supervise the implementation of such persons in accordance with the Medical Assistance Law.

(4) Persons entitled to carry out the radiological technical service shall have the power, in accordance with the medical order, to carry out the activities carried out on X-ray assistance or in training for X-ray assistance. To further delegate and supervise persons according to the Medical Assistants ' Act. "

5. In § 6b (3) (2) (2) the word "Community law" by "Union law" replaced.

6. According to § 6b (3) (3) (3), the following Z 4 is inserted:

" 4.

have a residence permit entitled 'Blue Card EU' in accordance with Section 42 of the NAG, '

7. The following paragraph 5 is added to § 7:

"(5) The logical-phoniatrisch-audiological service may also be exercised in the service relationship to freelance dentists (dentists)."

8. The heading to § 35a is:

'Implementation of Union law'

9. § 35a Z 2 reads:

" 2.

the Agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other part, on the free movement of persons, OJ No. OJ L 114 of 30.04.2002 p. 6, BGBl. III. No 134/2002, as amended by Decision No 2/2011 of the EU-Switzerland Joint Committee of 30 September 2011 on the amendment of Annex III (Mutual Recognition of Professional Qualifications) to this Agreement (2011/702/EU), OJ L 327, 28.12.2011, p. No. OJ L 277, 22.10.2011 p. 20;

10. In § 35a, after Z 5 the following Z 6 is inserted:

" 6.

Directive 2009 /50/EC on the conditions of entry and residence of third-country nationals for the purposes of highly qualified employment, OJ L 327, 30.4.2009, p. No. OJ L 155, 18.06.2009 p. 17;

11. In Section 35b (2), the following Z 5a is inserted after Z 5:

" 5a.

Medical assistant professions-Law-MABG, BGBl. I No 89/2012, "

12. The following paragraph 13 is added to § 36:

" (13) § 4 (3) and (4) and § 35b (2) in the version of the Federal Law BGBl. I n ° 89/2012 will be 1. Jänner 2013 in force. "

Article 5

Amendment of the Education and Training Act

The Education Retention Act, BGBl. No 378/1996, as last amended by the Federal Ministries of the Federal Republic of Germany, 2009, Federal Law Gazette (BGBl). I No 3, shall be amended as follows:

1. In accordance with § 1 (1) (1) Z 12 the following Z 13 shall be inserted:

" 13.

Medical Assistance Law-Law (MABG), BGBl. I No 89/2012 "

2. According to § 2e, the following § 2f is inserted:

" § 2f. Section 1 (1) Z 13 in the version of the Federal Law BGBl. I n ° 89/2012 is 1. Jänner 2013 in force. "

Article 6

Change of the Health Service Working Time Act

The Health Care Working Time Act, BGBl. I n ° 8/1997, as last amended by the Federal Law BGBl. I n ° 38/2012, shall be amended as follows:

1. In accordance with § 1 (2) Z 5, the following Z 5a is inserted:

" 5a.

Members of medical assistance professions according to Medical Assistance Law (MABG), BGBl. I No 89/2012, "

2. In accordance with § 15 (2k) the following paragraph 2l is inserted:

" (2l) § 1 para. 2 Z 5a in the version of the Federal Law BGBl. I n ° 89/2012 is 1. Jänner 2013 in force. "

Article 7

Amendment of the Education Documentation Act

The Education Documentary Act, BGBl. No 12/2002, as last amended by the Federal Law of the Federal Republic of Germany (BGBl). I n ° 38/2012, shall be amended as follows:

1. § 2 (1) Z 1 lit. l is:

" l)

Teaching courses and schools for medical assistance occupations according to Medical Assistance Law (MABG), BGBl. I No 89/2012; "

(2) The following paragraphs 11 and 12 are added to § 12:

" (11) § 2 para. 1 Z 1 lit. l in the version of the Federal Law BGBl. I n ° 89/2012 is 1. Jänner 2013 in force.

(12) § 2 para. 1 Z 1 lit. l is

1.

Until 31 December 2016, also in schools and

2.

until 30. June 2014 also on courses

According to the Federal Law on the regulation of the medical and technical technical service and the medical assistance services-MTF-SHD-G, BGBl. No 102/1961. '

Article 8

Amendment of the General Social Insurance Act

The General Social Security Act, BGBl. No. 189/1955, as last amended by the Federal Law BGBl. I No 35/2012, shall be amended as follows:

1. In Section 4 (1) Z 5, the phrase " to the nursing care professional or to the medical-technical specialist service in the sense of the federal law on the regulation of the medical-technical technical service and the sanity aid services, BGBl. No. 102/1961, "through the phrase" to a medical assistant profession in the sense of the Medical Assistant Occupation Law (MABG), BGBl. I No 89/2012, " replaced.

2. In accordance with § 666, the following § 667 shall be added together with the heading:

" Final provisions on Art. 8 of the Federal Law BGBl. I No 89/2012

§ 667. (1) § 4 (1) Z 5 in the version of the Federal Law BGBl. I n ° 89/2012 is 1. Jänner 2013 in force.

(2) By 31 December 2016, § 4 para. 1 Z 5 is also applicable to pupils who are trained as a medical-technical specialist in the sense of the Federal Law on the regulation of the medical and technical technical service and the medical assistance services, BGBl. No 102/1961. '

Article 9

Amendment of the Vocational Training Act (Berufsreifeprüfungsgesetz

The Vocational Training Act, BGBl. I n ° 68/1997, as last amended by the Federal Law BGBl. I n ° 9/2012, is amended as follows:

1. In Section 1 (1), the point at the end of Z 13 shall be replaced by an attic, and the following Z 14 shall be added:

" 14.

Successful completion of an apprenticeship in medical assistance according to the Medical Assistance Law (MABG), BGBl. I No 89/2012. "

2. The following paragraph 9 is added to § 12:

" (9) § 1 para. 1 Z 14 in the version of the Federal Law BGBl. I n ° 89/2012 is 1. Jänner 2013 in force. "

Article 10

Amendment of the Student Aid Act 1983

The Student Assistance Act 1983, BGBl. No 455, as last amended by the Federal Law BGBl. I n ° 9/2012, is amended as follows:

1. In Section 9 (1), the phrase "School for the medical-technical specialist service" through the phrase "School for medical assistance occupations in the framework of an education in medical assistance" replaced.

2. In § 13 Z 3 and § 25 Z 3 the word order shall be "Schools for the medical-technical specialist service" through the phrase "Schools for medical assistance occupations" replaced.

(3) The following paragraphs 14 and 15 are added to § 26:

" (14) § 9 para. 1, § 13 Z 3 and § 25 Z 3 in the version of the Federal Law BGBl. I n ° 89/2012 will be 1. Jänner 2013 in force.

(15) By 31 December 2016, § 9 para. 1, § 13 Z 3 and § 25 Z 3 shall also apply to schools for the medical-technical professional service. "

Fischer

Faymann