Performing Aesthetic Treatments And Operations, As Well As Amending The Medical Act Of 1998

Original Language Title: Durchführung von ästhetischen Behandlungen und Operationen sowie Änderung des Ärztegesetzes 1998

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80. Federal Act, by which the Federal Act on the Implementation of Aesthetic Treatments and Operations is enacted and the Medical Act 1998 is amended

The National Council has decided:

Article 1

Federal Law on the Implementation of Aesthetic Treatments and Operations (ÄsthOpG)

table of contents

§ 1

Objective and scope

§ 2

General

§ 3

Definitions

§ 4

Qualification

§ 5

Medical education

§ 6

Consent

§ 7

Special protection of certain categories of persons

§ 8

Advertising restriction and ban on commission

§ 9

Operational Pass

§ 10

Information of the health insurance institution

§ 11

Criminal provisions

§ 12

Transitional provision

§ 13

entry into force

§ 14

Enforcement

Objective and scope

§ 1. (1) This federal law serves the preventive protection of the health and physical integrity of patients (patients), as well as the protection against complications and undesirable consequences in the implementation of aesthetic treatments and Operations without medical indication.

(2) Aesthetic treatments and surgeries without medical indication are then covered by this federal law if they are subject to medical activities in accordance with § 2 para. 2 Medical Law 1998, BGBl. I n ° 169/1998, are and may only be carried out in accordance with the provisions of this Federal Law, subject to the provisions of paragraphs 3 and 4.

(3) On activities for which the Industrial Regulations 1994, BGBl. I n ° 194/1994, this federal law is not applicable.

(4) On activities for which the Dentist Law, BGBl. I n ° 126/2005, this federal law is not applicable.

General

§ 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.

Definitions

§ 3. (1) In the sense of this Federal Act, the terms:

1.

"Aesthetic Surgery" (aesthetic surgery, aesthetic surgery, cosmetic surgery, cosmetic surgery, cosmetic surgery, cosmetic surgery): surgical-surgical treatment for the production of a subjective the perceived improvement of the visual appearance or the embellishment of the human body or the aesthetic change of physical appearance, including the treatment of age-related external changes of the body without medical indication;

2.

"Aesthetic treatment" means a treatment with other methods of surgery, such as, in particular, medicinal products and minimally invasive methods, for the purpose of achieving a subjectively perceived improvement of visual appearance or of the Beautification of the human body or the aesthetic change of physical appearance, including the treatment of age-related external alterations of the body without medical indication;

3.

"intervention" means an aesthetic operation;

4.

"Medical indication" means a reason, based on current medical-scientific findings, to perform an aesthetic treatment or surgery. It is available if the aesthetic treatment or operation is necessary, taking into account the patient's life conditions (the patient), in accordance with objective criteria, in order to avoid the risk of life or the risk of impairment of the patient's condition. The patient's health status (of the patient) should be averted or an anatomical or functional condition should be removed, and the risk or condition of the disease should not be expected to be acceptable to the patient (the patient). can be turned off or removed.

(2) The activities of the Piercens and the tattoos do not fall under the terms "aesthetic operation", "aesthetic treatment" and "intervention" in accordance with paragraph 1 Z 1 to 3.

Qualification

§ 4. (1) In any case, aesthetic surgeries within the meaning of § 3 (1) (1) (1) are postural, abdominal (abdominoplasty), brewery correction, breast lift (mastopexia), breast augmentation (mammaaugmentation) and breast reduction (mamma production), Personal fat transfer (lipofilling), facelift (rhytidectomy), liposuction (liposuction), Gesäß-modelling, facial implants, necroplasty, chin plastic (genioplasty), body lift (body lift), correction of protruding ears (otoplastic), lip enlargement and lip-padding (lip augmentation), Nasoplasty (rhinoplasty), upper arm tightening (brachioplasty), upper eyelid correction and under-lice correction (blepharoplasty), thigh lift (dermolipectomy), penis enlargement, forehead lift, vaginoplasty and labial plasticity.

(2) Aesthetic treatments within the meaning of § 3 (1) (2) (2) are, in any case, applications of medicinal products such as, in particular, botulinum toxin and physical applications such as, in particular, botulinum toxin as medical activities in accordance with § 2 para. 2 of the Medical Photorejuvenation (laser skin resurfacing, laser peeling, wrinkles lasing, thermal and comparable applications), without prejudice to the exception for such activities, which are provided on the basis of the 1994 commercial order (§ 1 para. 3).

(3) An aesthetic operation may be performed by the following physicians:

1.

Qualified specialists in plastic, aesthetic and reconstructive surgery, who are entitled to self-employed professional practice,

2.

further professional doctors (specialists) entitled to self-employment, having regard to § 31 (3) Medical Law 1998, insofar as they are entitled to do so by Regulation of the Austrian Medical Association pursuant to Section 5 (2) (2) of the German Medical Association Act (Austrian Medical Association Act), and

3.

Qualified physicians for general medical practice, insofar as they have received recognition from the Austrian Medical Association in respect of certain interventions. This recognition requires the proof of medical doctors (doctors) according to Z 1 and 2 of equivalent knowledge, experience and skills.

Other doctors (doctors) are prohibited from carrying out aesthetic operations, subject to paragraph 4.

(4) Gymnastics (gymnastics) are only in connection with their training as a doctor of general medicine (to the general practitioner) or to the specialist (specialist) in the context of § 3 for the purpose of performing aesthetic treatments and surgeries. 3 (3) Medical Law, 1998.

(5) The Austrian Medical Association has, in the transferred sphere of action, provisions relating to the law in accordance with § 117c (2) Z 10 Medical Act 1998

1.

Further aesthetic operations beyond paragraph 1,

2.

Further medical specialists (specialists) who are entitled to perform certain aesthetic operations within the meaning of this Federal Act in 1998, taking into consideration the provisions of Section 31 (3) of the Medical Law Act (Medical Law) in 1998 (par. 3 Z 2), and

3.

The equivalent knowledge, experience and skills required by doctors (doctors) for general medicine, which entitle them to perform certain aesthetic surgeries within the meaning of this Federal Law (paragraph 1). 3), including the procedure for the recognition of the corresponding evidence of equivalence in accordance with the principles of § 14 (5) and 6 (6) Medical Law 1998, but without prejudice to the responsibility of the President of the Austrian Federal Republic of Germany Medical chamber,

to the Commission.

(6) The Austrian Medical Association has in its own sphere of activity, after notification of the doctors (doctors) entitled pursuant to paragraph 3, on its website for patients (patients) clearly visible and universally accessible to the following:

1.

those specialist doctors (specialists) for plastic, aesthetic and reconstructive surgery that perform aesthetic operations within the meaning of this Federal Law,

2.

those specialist doctors (specialists) in accordance with paragraph 5 (2), which are entitled to carry out certain aesthetic operations, including the aesthetic operations associated with them, and

3.

Doctors for general medical practice who are entitled to perform certain aesthetic operations on the basis of proven equivalent knowledge, experience and skills in accordance with paragraph 5 Z 3.

(7) Doctors (doctors) in accordance with paragraph 3 are obliged to provide information on the latest developments and findings of medical science in the field of aesthetic treatments and operations offered and performed by them to complete special subject-specific training courses. More information is provided by the Austrian Medical Association (Austrian Medical Association) pursuant to § 117b (2) Z 9 lit. a Medical Law 1998.

(8) The patient (the patient) is from the treating physician (from the treating physician) through their professional qualification in accordance with paragraph 3 and on request from the subject-specific training completed by this (this) information.

(9) The Aning of a Hint

1.

"Aesthetic surgery" and

2.

"Aesthetic medicine"

is only allowed to doctors (doctors) in accordance with paragraph 3 in accordance with the respective professional qualification. The use of other indications in connection with the offering or the performance of aesthetic operations within the meaning of § 3 paragraph 1 Z 1is inadmissible.

Medical education

§ 5. (1) The physician (the physician) has, before performing an aesthetic surgery, the patient (the patient) clear and comprehensible about

1.

the method of intervention,

2.

The nature, meaning and scope of the intervention,

3.

medicines used in the course of the intervention and their side effects, as well as medical devices including implants and their operability and lifespan,

4.

alternative treatment options,

5.

the prospective result of the intervention and possible deviations,

6.

Inconveniences associated with the intervention, possible consequences, such as scarring, and complications, including the impairment of organ functions, with the help of exemplary photographs, as well as their effects on the use of such materials, opportunities for treatment,

7.

the necessary post-treatment, including the probable duration of the incapacity for work and possible late consequences, any subsequent operations required, including the indication that this inability to take up work is not Inability to work in the social security and labour-law sense could apply,

8.

all known dangers of intervention and

9.

all costs related to the intervention, including any expected follow-up costs (para. 6 to 9)

to clarify verbally and in writing in a language which is understandable for medical laiders. Any omission of this medical enlightenment shall be legally ineffective.

(2) In the context of medical education, the patient (the patient) is suspected of having a pathological mental disorder which is the result of the desire for aesthetic surgery, and the physician is responsible for the condition of the patient (from the physician's doctor). Prior to carrying out the procedure, a clinical psychologist (a clinical psychologist) or a specialist in psychiatry (a specialist in psychiatry) should be able to clarify any mental disorders including counselling. To induce psychotherapeutic medicine.

(3) In the cases of § 7, the legal guardians or, if necessary, the legal guardian (of the Sachwalter) must be informed in the sense of paragraph 1.

(4) The medical enlightenment has to be documented in good legible form and by the patient (the patient) as well as in the cases of § 7 in addition to the legal guardians or, if necessary, the property lawyer (the Sachwalter) by their signature (s).

(5) The doctor (the doctor) has a photo documentation in the context of her (his) documentation

1.

the status prior to the planned intervention and

2.

the result of the intervention

.

(6) Within the framework of the medical education about the costs of aesthetic surgery (para. 1 Z 9), the patient (the patient) should also be informed, in particular, that the costs of treatment are not taken over by a domestic institution of social security or health care and that the patient is responsible for the treatment and that the patient (from the patient) is not responsible for the treatment. Patients) should be borne.

(7) The medical information on the costs of the aesthetic surgery (para. 1 Z 9) shall be in the form of a written cost plan, provided that:

1.

In view of the nature and extent of the treatment, substantial costs (para. 8)

2.

the costs exceed the fee fixed in the applicable private medical fee of the corresponding medical chamber, or

3.

This is the patient (the patient).

(8) Essential costs within the meaning of paragraph 7 Z 1 are 70% of the net wages and salaries, nominal, monthly per employee (employee), as determined by Statistics Austria according to the national accounts according to ESA 1995. The Austrian Medical Association has the essential costs once a year up to a maximum of 1 in the transferred sphere of activity. On their website, October each year.

(9) The physician (the physician) shall, if necessary, make available the contents of the respective applicable private medical fee regulations of the respective medical chamber in a form which is clearly visible to the patients (patients) and a written Hand-out of the patient (the patient).

Consent

§ 6. (1) An aesthetic operation may only be performed if the patient (the patient) has, after extensive medical education (§ 5), given evidence of her (his) consent to do so. In addition, in the case of an aesthetic operation, a period of at least two weeks must be observed between the completed medical education and the consent. The Federal Minister of Health may, by means of a regulation for persons without residence in Austria, who enter Austria only for the purpose of taking an aesthetic operation, a shorter period of at least one week, . The effort involved in the journey, in particular the distance, is to be taken into consideration.

(2) The consent of the patient (of the patient) as referred to in paragraph 1 shall be documented in writing. The consent must be dated and provided with the signature of the patient (of the patient) and of the treating physician (the treating physician). If the patient (the patient) is unable to do so, consent must be given in front of a (a) independent witness (witnesses) to be attached to the patient (s) who consent to his/her (his) Signature must be confirmed. A copy of the written medical examination and consent documents is to be handed out to the patient (the patient).

(3) An aesthetic operation shall be carried out at the earliest on the day following the date of the consent of the consent to be given in accordance with para. 1 and 2.

Special protection of certain categories of persons

§ 7. (1) An aesthetic treatment or operation to persons who are the 16. They have not yet completed their life year, is inadmissible.

(2) An aesthetic treatment or operation may be applied to persons who are the 16. The age of 18 is completed and the 18. have not yet been completed, shall be carried out only if:

1.

the consent of the legal guardians has been established according to § 5 of the relevant comprehensive medical enlightenment in accordance with § 6 (2), and

2.

the consent of the patient (s) who, after appropriate comprehensive medical education (§ 5), is able to see the nature, significance, scope and risks of the aesthetic treatment or surgery and her/her (his) Will be determined, verifiably and in writing in accordance with § 6 para. 2.

In the case of an aesthetic operation, an examination of any mental disorders including advice by a clinical psychologist (a clinical psychologist), a specialist doctor (a doctor) has been shown to have been performed before the intervention is carried out. Medical specialist) for psychiatry and psychotherapeutic medicine or a specialist doctor (a specialist) for child and adolescent psychiatry to be carried out. The existence of a pathological mental disorder precludes the implementation of the intervention, provided that it has been established within the framework of the reconnaction that the desire for the intervention is the result of this disorder.

(3) An aesthetic treatment or operation may be applied to persons who, as a result of a mental illness or mental disability, are appointed to represent medical treatment in a non-specialist (a specialist), only if: if consent is given by the patient (the patient), if (he) is able, after appropriate comprehensive medical education (§ 5), nature, meaning, scope and risks of the aesthetic treatment or operation and to determine their will thereafter, demonstrably and has been granted in writing pursuant to Article 6 (2). If the patient (the patient) is not able to judge and judge, the person's consent (§ 5) must be proven and given in writing by the specialist (the specialist).

(4) The consent shall be given by persons who have received the 16. The age of 18 is completed and the 18. Have not yet completed a life year, or have been appointed as a representative in respect of medical treatment as a result of a mental illness or mental handicap, until at the latest one week before the If treatment or surgery date is revoked, the patient (the patient) must not be given a financial disadvantage.

(5) An aesthetic treatment or operation to persons who are the 16. The age of 18 is completed and the 18. If they have not yet completed their life, or if they have a mental illness or mental disability to be represented in respect of medical treatment, a lawyer (a specialist in the field of medical treatment) must be appointed at the earliest four weeks after the date of the Existence of the consents to be granted (par. 2 and 3).

Advertising restriction and ban on commission

§ 8. (1) The doctor (the doctor) shall have to do so in connection with the conduct of aesthetic treatments or operations of any discriminatory, inaccurate, untrue or discouraging price, advertising or self-pricing. by reclamating their (his) person's or his (his) performance. Professional information about our own fields of activity, including references to scientific work, does not constitute advertising within the meaning of this Federal Law.

(2) In particular, for aesthetic treatments or operations within the meaning of this Federal Act, the following may not be advertised:

1.

information that the aesthetic treatment or operation is subject to medical, dental or other technical advice or examination, or is being used,

2.

with references to the special price of the aesthetic treatment or operation or the offer of free consultation,

3.

through advertising lectures,

4.

with advertising measures aimed exclusively at minors, or

5.

with pricing, games, raffle or comparable procedures.

When using photographs that have been modified by means of image processing programs, these are to be changed and not to be marked as a result.

(3) The physician (The Doctor) may not give, give, take, or have a guarantee for the assignment of patients (s) to (him) or through them (him) to one (one) Other. Legal transactions that contravene this prohibition shall be void. Benefits from such legal transactions can be reclaimed.

(4) The performance of the activities prohibited in accordance with paragraphs 1 to 3 is also prohibited group practices pursuant to § 52a Medical Law 1998 as well as other physical and legal persons.

(5) The price or advertising referred to in (1) and (2) by a company established outside the scope of this Act is inadmissible.

(6) The provisions of paragraphs 1 and 2 shall also apply to the factual placement of aesthetic treatments or operations by third parties.

(7) The Austrian Medical Association, the Medical Chambers in the Federal States and the legally established patient representations are entitled to claim the omission of anti-competitive conduct (in particular in accordance with § 14 of the Federal Act against the Unfair Competition 1984-UWG, BGBl. No 448/1984) before the courts.

Operational Pass

§ 9. (1) For each patient (each patient) who is intended to perform one or more aesthetic operations, an operating passport shall be established within the framework of the first medical consultation.

(2) The operational passport referred to in paragraph 1 shall contain, in particular, the following information:

1.

First name and family or surname, date of birth and, where appropriate, social security number of the patient (of the patient),

2.

Name and qualification (§ 4 (3)) of the treating physician (the treating physician),

3.

the date and reason of the first and all subsequent medical consultations and, where appropriate, the clarification in accordance with § 5 (2) or § 7 (2),

4.

date of aesthetic surgery,

5.

Type of aesthetic surgery and

6.

where appropriate, the name, type and type, lot code or serial number of the implant, together with the name and address of the manufacturer and of the driver.

(3) The Austrian Medical Association has to enact provisions on the form and content of the operating passport in the transferred sphere of action in accordance with § 117c (2) Z 10 Medical Law 1998.

(4) The entries in the operating pass must be confirmed by the treating physician (the treating physician) with her (his) signature.

(5) The surgical passport is to be submitted to the patient (the patient) after the first medical consultation. The surrender of the operating passport to the patient (the patient) must be documented in writing by the doctor (the doctor) and confirmed by the patient (the patient) through her (his) signature.

(6) Any further medical consultation and performed aesthetic surgery is also to be documented in writing in the patient (s) to be provided by the patient (the patient) and by the patient in writing. (the patient) to confirm by their (his) signature. Paragraph 2 (2) to (6) shall apply.

(7) With regard to persons according to § 7, an operating passport shall also be applied for aesthetic treatments. Paragraphs 1 to 6 shall apply.

Information of the health insurance institution

§ 10. In the case of suspicion that an erroneous aesthetic treatment or operation within the meaning of this federal law has led to illness or other complication, post-treatment doctors (doctors) who have been treated with aesthetic treatment as well as other post-treating physicians (doctors), the relevant information to the statutory health insurance institution, the sickness insurance institution or the statutory pension insurance institution for examination of any right of recourse, provided that it is in the case of post-treatment, benefit from a benefit which is eligible for social insurance.

Criminal provisions

§ 11. (1) Those who are contrary to one or more orders or prohibitions contained in Sections 4, 5, 6, 7, 8, 9 (1) and (4) to (4) and (4) to (6) and (10) shall not be responsible for the fact that a criminal act within the jurisdiction of the courts is not in fact , constitutes an administrative surrender and is punishable by a fine of up to EUR 15 000. The trial is punishable.

(2) Where

1.

as a result of the act referred to in paragraph 1, there has been a serious risk to limb and life or to the health of a person; or

2.

the perpetrator (the offender) has already been punished twice as a result of an administrative surrender pursuant to paragraph 1,

is punishing the perpetrator (the perpetrator) with a fine of up to 25 000 euros.

Transitional provision

§ 12. (1) Before the entry into force of this Federal Act, aesthetic treatments and surgeries which have not yet been concluded at the time of entry into force and which have been contractually agreed upon, and in direct connection with this intervention, shall be The application of this federal law shall be exempt from the requirement of any necessary post-treatment.

(2) Detection procedures in accordance with § 4 (3) Z 3 concerning medical doctors for general medicine, who are already before the 1. January 2013 aesthetic surgeries have been carried out until the end of July 2013. Such requests may already be submitted before the entry into force of this Act, but at the latest by the end of the 31. Jänner 2013. Up to the end of this procedure, the respective doctor (the respective doctor) is entitled to continue carrying out the interventions carried out to date.

(3) Regulations on the basis of this Federal Act may be adopted before its entry into force (§ 13). They may not enter into force at the earliest with the entry into force of this Federal Act.

entry into force

§ 13. This federal law comes with 1. Jänner 2013 in force.

Enforcement

§ 14. The Federal Minister of Health (the Federal Minister of Health) is responsible for the enforcement of this federal law.

Article 2

Federal law amending the Medical Law 1998

Federal law on the exercise of medical profession and the professional representation of doctors (Medical Law 1998-ÄrzteG 1998), Federal Law Gazette (BGBl). I n ° 169/1998, as last amended by the Federal Law BGBl. I No 50/2012, shall be amended as follows:

1. At the end of Section 43 (4) (4) (4), the point shall be replaced by a paint, and the following Z 5 shall be added:

" 5.

Notes according to § 4 (9) of the Federal Act on the Implementation of Aesthetic Treatments and Operations (ÄsthOpG), BGBl. I n ° 80/2012. "

1a. § 91 (2) the following sentences are added:

" In order to support the collection of the Kurienumlage, the Kurienversammlung (Kurienversammlung) of a third party can serve. The responsibility of a third party shall be laid down in the system of reorganisation. "

2. At the end of Section 117b (1) (22a), the word "and" , at the end of the Z 23, the word "and" , the point shall be replaced by a dash and the following Z 24 shall be added:

" 24.

Ballot in accordance with § 4 para. 6 ÄsthOpG. "

3. At the end of Section 117c (1) (5), the point shall be replaced by a line-point and the following Z 6 shall be added:

" 6.

Implementation of procedures according to § 4 paragraph 3 Z 3 ÄsthOpG. "

4. At the end of Section 117c (2) (8), the word "and" , at the end of the Z 9, after the parenthesis, the word "and" The point shall be deleted and the following Z 10 shall be added:

" 10.

Regulation on qualifications and an operating passport for aesthetic operations (§ 4 para. 5 and § 9 ÄsthOpG). "

5. In § 122 Z 6, the expression "§ 117c para. 2 Z 1 to 9" by the expression "§ 117c para. 2 Z 1 to 10" replaced.

(6) § 125 (4) second sentence reads as follows:

"He decides with communication as the first and last instance in the proceedings pursuant to § 15 (6), § 27 (10) and (11) and § 59 (3) of the Medical Act 1998 as well as in accordance with § 4 (3) Z 3 ÄsthOpG."

7. § 130 (1) the following sentences are added:

" The appointment of a second equal-ranking chamber-office director shall be admissible. If a second chamber office director is appointed, at least one chamber office director has to be right-wing. "

8. In accordance with § 230, the following § 231 shall be added together with the heading:

" Final determination of the Medical Law Novel BGBl. I No 80/2012

§ 231. Section 130 (1) in the version of the Medical Law Novelle BGBl. I n ° 80/2012 will enter into force on 1 April 2012. "

Fischer

Faymann