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 law, which adopted the Federal Act on the implementation of aesthetic treatments and operations and the physician Act 1998 amended

The National Council has decided:

Article 1

Federal law on the implementation of aesthetic treatments and operations (ÄsthOpG)

Table of contents section 1 aims and scope article 2 General section 3 definitions § 4 qualification section 5 medical education section 6 consent section 7 special protection of certain groups of persons § 8 advertising restrictions and ban on commissions section 9 operation pass section 10 information of the health insurance carrier § 11 penal provisions article 12 transitional provision § 13 entry into force section 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 adverse consequences of performing aesthetic treatments and operations without medical indication.

(2) aesthetic treatments and operations without medical indication are then covered by this federal law, if they medical activities in accordance with § 2 para 2 1998, Federal Law Gazette I are doctor law No. 169/1998, and may in this case be carried subject to paragraph 3 and 4 only in accordance with this federal law.

(3) activities, for which the GewO 1994, Federal Law Gazette I no. 194/1994, applies, this federal law not to apply.

(4) activities, for which the dentist Act, Federal Law Gazette I no. 126/2005, applies, this federal law not to apply.

General information

§ 2. As far as other federal laws is referenced in this federal law provisions, these are to apply in their respectively valid version.

Definitions

3. (1) the terms within the meaning of this Federal Act mean: 1 "aesthetic surgery" (aesthetic surgery, aesthetic surgery, cosmetic surgery, cosmetic surgery, cosmetic surgery, plastic surgery): operative surgery to achieve a subjectively perceived improvement of the optical appearance or the embellishment of the body or the aesthetic change of in physical appearance including the treatment of age-related external changes of the body without medical indication.

2. "Aesthetic treatment": a treatment with other than operational and surgical methods, such as in particular by means of drugs and minimally invasive methods to bring about a subjectively perceived improvement of the optical appearance or the embellishment of the body or the aesthetic change of in physical appearance including the treatment of age-related external changes of the body without medical indication.

3. "intervened": aesthetic surgery;

4. "Medical use": a based on current medical and scientific knowledge base, making an aesthetic treatment or operation. You occurs when the aesthetic treatment or operation, taking into account the living conditions of the patient (patient) is necessary according to objective criteria, to danger to life or the risk of deterioration of the health status of the patient (patient) to avert or eliminate an anatomical or functional condition and the risk or the condition on a moderate for the patient (the patient) reasonable way can be averted or eliminated.

(2) the activities of the Piercens and tattooing is not covered by the terms "aesthetic surgery", "aesthetic treatment" and "Intervention" referred to in paragraph 1 Z 1 to 3.

Qualification

§ 4 (1) are aesthetic operations in the sense of § 3 para 1 subpara 1 anyway, seating plastic, tummy tuck (Abdominoplasty), eyebrow correction, breast lift (Mastopexy), breast augmentation (breast augmentation) and breast reduction surgery (breast reduction), own fat transfer (Lipofilling), facelift (Rhytidectomy), liposuction (liposuction), buttocks modeling, facial implants, neck lift, Chin plastic (genioplasty), body toning (body lift), correction of standing out ears (Otoplasty), Lip augmentation and lip up padding (Lip augmentation), nose reshaping (Rhinoplasty), arm surgery (Brachioplastik), upper eyelid surgery and lower eyelid correction (blepharoplasty), thigh lift (Dermolipectomy), penis enlargement, forehead lift, Vaginoplastik and Labienplastik.

(2) aesthetic treatments in the sense of § 3 para 1 are medical activities in accordance with § 2 para 2 Z 2 doctor law in 1998 anyway, applications of medicines especially botulinum toxin, as well as physical applications such as in particular Photorejuvenation (laser skin resurfacing, laser peeling, Faltenlaserung, Thermage and similar applications), with the exception for such activities provided in 1994 due to the industrial code, remains unaffected (§ 1 para. 3).

(3) an aesthetic operation must be carried out by following doctors (physicians): 1 to independent practice eligible physicians (specialists) of plastic, aesthetic and reconstructive surgery, 2 more physicians entitled to independent practice (specialists) taking account of article 31, paragraph 3 legitimate doctor Law 1998, are entitled by Ordinance of the Austrian Medical Chamber in accordance with paragraph 5 Z 2, and 3. to independent practice physicians (doctors) for general medicine , as far as they have a recognition by the Austrian Medical Association regarding certain procedures. This recognition requires the detection of physicians (doctors) in accordance with Z 1 and 2 equivalent knowledge, experience and skills.

The implementation of aesthetic operations subject to paragraph 4 other doctors (physicians) is prohibited.

(4) every doctors (rolling doctors) are for performing aesthetic treatments and operations only in connection with their training to the doctor for General Medicine (to the doctor general practitioner) or doctor law shall be entitled to the specialist (as a specialist) in the context of § 3 paragraph 3 1998.

(5) the Austrian Medical Association has in the borne area of effect by regulation in accordance with § 117 c para 2 Z 10 1998 further doctor law provisions on 1 para 1 and beyond aesthetic operations, more physicians (specialists), which, taking into account section 31 para 3 entitled doctor Act of 1998 to carry out certain aesthetic operations within the meaning of this Federal Act 2. (para 3 No. 2), and 3. the equivalent to be assigned to by doctors (physicians) general practitioner knowledge , Experiences and skills that allow them to perform certain aesthetic operations within the meaning of this Federal Act (para 3 Z 3), including the procedure for the recognition of the relevant certificates for equivalence according to the principles of § 14 para 5 and 6 doctor Act 1998, but without prejudice to the competence of the President of the Austrian Medical Association, to adopt.

(6) the Austrian Medical Association has in own area of effect after notification of physicians (doctors) authorized in accordance with paragraph 3 on their site for patients (patients) visible and generally accessible to announce: 1 those physicians (specialists) of plastic, aesthetic and reconstructive surgery, performing aesthetic operations within the meaning of this Federal Act, 2 those physicians (specialists) in accordance with paragraph 5 are no. 2, entitled to perform certain aesthetic operations , including these associated aesthetic operations, as well as 3 are those doctors (doctors) for general medicine, entitled Z 3 aesthetic to carry out certain operations on the basis of proven equivalent knowledge, experience and skills in accordance with paragraph 5.

(7) physicians (doctors) in accordance with paragraph 3 are required to attend special technical training to provide information about the latest developments and findings of medical science in the field of offered by them and carried aesthetic treatments and operations. More information is lit para 2 No. 9 by the Austrian Medical Association by regulation in accordance with § 117. a doctor law in 1998 to determine.

(8) the patient (the patient) is by the treating doctor (by the doctor) about their (its) professional qualification pursuant to par. 3 and on the demand of this (this) completed professional training courses to inform.

(9) the use of a reference 1 "aesthetic surgery" and 2 'Aesthetic medicine' is allowed only doctors (physicians) in accordance with paragraph 3 in accordance with the respective professional qualifications. The use of any other information in connection with the offering or performing aesthetic operations in the sense of § 3 para 1 Z 1 inadmissible.

Medical education

§ 5 (1) the doctor (the doctor) has before performing an aesthetic surgery the patient (the patient) and easy to understand 1 the method of intervention, 2. essence, meaning and scope of the intervention, 3. medicinal products applied in the context of the intervention and their side effects and medical devices including implants and their functionality and service life, 4. alternative treatment options, 5.

the result of intervention and possible deviations, 6 with the intervention in view of related inconvenience, possible consequences, such as scarring, and complications including the impairment of body functions, if necessary under aid of sample photographs, as well as their treatment options, 7 the required treatment including the probable duration of incapacity for work and possible complications, any required follow-up operations including the note that this inability of employment could be considered any incapacity for work in the sense of social security and labour law , 8 all known dangers of intervention and 9 all in connection with the intervention costs including expected costs (para. 6 to 9) comprehensive oral and written in a language for medical lay (lay) to enlighten. Any waiver of this medical enlightenment is void.

(2) arises in the context of medical education the suspicion that a disease-order mental disorder exists in the patient (the patients), which causes the desire after aesthetic surgery, is to get a diagnosis of any mental disorders including advice from a clinical psychologist (a clinical psychologist) or a specialist (specialist) in Psychiatry and psychotherapeutic medicine by the treating doctor (by the doctor) before performing the procedure.

(3) in the cases of § 7 are in addition the guardian or, if necessary, to clarify the matters (the trustee) in the sense of paragraph 1.

(4) that is carried out medical information to be documented in writing in legible form and by the patient (the patients), as well as in the cases of § in addition by the parent/guardian or, if necessary, to confirm the matters (the custodian) through their (signature) 7.

(5) the doctor (the doctor) has within the framework of their (his) documentation required a photo documentary about 1 to create the status prior to the scheduled surgery, and 2. the result of the performed procedure.

(6) in the medical determination of the costs of the aesthetic surgery (par. 1 Z 9) the patient (the patient) in particular also is to inform that the treatment costs are not covered by a domestic institution of social security or health care and that they are to wear from the patient (from the patient).

(7) the medical clarification on the charges of the aesthetic surgery from the patient (by the patient) (par. 1 Z 9) this has required in form of a written cost plan must be provided that treatment-essential (para 8) costs 1 in regard to the nature and scope, the costs exceed the amount of fees set out in the applicable private medical fee schedule of the corresponding Medical Council 2. or 3. the patient (the patient).

(8) essential cost within the meaning of paragraph 7 are nominal monthly per employee (employees) 70% of the net salaries determined by Statistics Austria of in accordance with national and regional accounts according to ESA 1995 and salaries, Z 1. The Austrian Medical Association has in the borne area of effect the cost once a year until at the latest 1 October every year on their site to expel.

(9) the doctor (the doctor) has, where appropriate, to make available the content of the applicable private medical fee schedule of the corresponding Medical Council in the form of a clearly visible to patients (patients) and handed over a written copy of the patient (the patients).

Consent

6. (1) an aesthetic operation must be carried through only, if the patient (the patient) has given their (its) consent has been proven after comprehensive medical information (§ 5). Aesthetic surgery, in addition a period of at least two weeks between the completed medical education and informed consent must be observed. The Federal Minister of health can determine a shorter period which has to be at least a week, by regulation for persons not resident in Austria, entering Austria only for the purpose of making an aesthetic operation. It is to the costs associated with the travel, in particular, the distance traveled, to be taken into account.

(2) the consent of the patient (patient) referred to in paragraph 1 is to be documented in writing. The consent must be dated and signed by the patient (patient) and the treating doctor (the doctor). If the patient (the patient) the ones, must consent before a be taken (a) by the patient (the patient) to be independent witness (witness), which (who) has to confirm the consent by their (his) signature. A copy of the advice written medical reconnaissance and consent documents is handed over to the patient (the patients).

(3) an aesthetic operation may be no earlier than the day following the day of the existence of the consent to be issued in accordance with paragraphs 1 and 2,.

Special protection of certain categories of persons

7. (1) an aesthetic treatment or surgery to people who have not yet completed the age of 16 is prohibited.

(2) an aesthetic treatment or surgery may at persons who have reached the 16 age and not yet reached age 18, only be performed if 1 was granted consent by the guardian after appropriate comprehensive medical information pursuant to § 5 demonstrably and in writing pursuant to section 6 para 2 and 2. consent by the patient (the patient), the (the) after appropriate comprehensive medical information (§ 5) capable , Essence, importance, scope and risks of the aesthetic treatment or surgery to see and to determine their (his) will demonstrably and in writing in accordance with § 6 paragraph 2 has been granted.

Aesthetic surgery, a diagnosis of any mental disorders including advice from a clinical psychologist (a clinical psychologist), to be a doctor (a specialist) for psychiatric and psychotherapeutic medicine or a doctor (a specialist) for child and adolescent psychiatry has proven in addition prior to performing the procedure. The presence of disease-order mental disorder excludes the carrying out of the procedure, unless noted in the context of recent investigation that the desire is consequence of this disorder after the procedure.

(3) aesthetic treatment or surgery may at persons who due to a mental illness or mental disability to represent with regard to medical treatments a champion (a trustee) is ordered, only be performed, if the consent by the patient (the patients), if they (he) corresponding to more comprehensive medical enlightenment (§ 5) is able, essence, significance, see scope and risks of the aesthetic treatment or surgery and to determine their (his) will , demonstrably and in writing pursuant to section 6 para 2 has been granted. The patient (the patient) is not einsichts - and adult, the consent by the representatives (the Trustees) should be after appropriate comprehensive medical information (§ 5) demonstrably and in writing grant.

(4) if the a week revoke your consent by persons that the 16 years of age and still not have reached age 18, or where a champion (a trustee) is ordered as a result of a mental illness or mental disability to represent with regard to medical treatment no later than before the treatment or surgery date, so no financial disadvantage may arise the patient (the patient).

(5) an aesthetic treatment or surgery on people who reached the 16 age and still not have reached age 18, or where a champion (a trustee) is ordered as a result of a mental illness or mental disability to represent with regard to medical treatment must perform at the earliest four weeks after the occurrence of the approvals to be issued (para. 2 and 3).

Advertising restrictions and ban on commissions

8. (1) the doctor (the doctor) has been in connection with the implementation of aesthetic treatments or advertising affecting operations of any discriminatory, irrelevant, false or the reputation of the State, advertising or the self promotion by reklamehaftes exposing your (his) person or their (its) services to contain. Technical details of their own areas of activity including references to scientific papers constitute no advertising within the meaning of this Federal Act.

(2) for aesthetic treatments or surgeries in the meaning of this federal law may be not recruited in particular: 1. stating that the aesthetic treatment or surgery is medical, dental or otherwise highly recommended or approved or applied, 2. with remarks on the special value of aesthetic treatment or surgery or offer free consultations, 3 by advertising lectures, 4.

with advertising, exclusively or predominantly aimed at minors and 5th with contests, games, sweepstakes or similar procedures.

When using photographs that have been modified using image editing programs are to mark them as modified and not the reality according to.

(3) which allowed doctor (the doctor) or one of (an) other no remuneration for the assignment of patients (patients) to them (him) or through them (him) promise, give, take, or warrant. Legal transactions that violate this prohibition, are null and void. Benefits from such transactions can be recovered.

(4) the carrying out of the activities forbidden in accordance with para 1 to 3 also group practices in accordance with § 52a doctor Act 1998, as well as other physical and legal persons is prohibited.

(5) the promotion or advertising within the meaning of paragraphs 1 and 2 by a company based outside the scope of this Act is not permitted.

(6) paragraphs 1 and 2 are also apply to the paid placement of aesthetic treatments or operations by third parties.

(7) the Austrian Medical Association, the medical associations in the provinces and the legally established patient representatives are entitled, claims to refrain from anti-competitive behaviour (in particular in accordance with § 14 of the Federal law against unfair competition, 1984 - unfair competition act, Federal Law Gazette No. 448/1984) to claim before the courts.

Operation pass

§ 9 (1) for each patient (each patient), on which it is intended (the), one or a surgery pass to create several aesthetic operations is the first medical consultation.

(2) the operation pass in accordance with paragraph 1 shall contain in particular: 1 given name and family or last name, date of birth and social security number if applicable of the patient (patient), 2nd name and qualification (§ 4 para 3) the treating doctor (the doctor), 3. date and reason of the first as well as all following medical consultations and if necessary clarification in accordance with § 5 paragraph 2 or article 7, paragraph 2 , 4 date of aesthetic surgery, 5 kind of aesthetic surgery and 6 if necessary, designation, type and type, batch code or serial number of the implant together with the name and address of the manufacturer and the Distributor.

(3) the Austrian Medical Association has c para 2 Z in the borne area of effect by regulation in accordance with § 117 1998 qualifiers on 10 physician law enacted the form and content of the operation pass.

(4) the entries in the pass of the operation are to confirm (its) signature by the treating doctor (the doctor) with her.

(5) the operation of pass is to pass the patient (the patient) after the first medical consultation. The transfer of operation Passport on the patient (the patient) is to document in writing by a medical doctor (the doctor) and to confirm (its) signature of the patient (the patient) through their.

(6) any further medical consultation and aesthetic surgery guided by is to document in writing as a result also in operation to be presented by the patient (the patients), pass by the doctor (the doctor) and to confirm (its) signature of the patient (the patient) through their. ABS 2 Z 2 to 6 shall apply.

(7) as regards persons according to § 7 an operation pass is to apply also for aesthetic treatments. Paragraphs 1 to 6 shall apply.

Information of the health insurance carrier

§ 10. If you suspect that an incorrectly performed aesthetic treatment or operation within the meaning of this Federal Act has led to an illness or other complication, after attending physicians (doctors) who perform the aesthetic treatment or surgery, as well as other treatment after doctors have to submit the appropriate information to the statutory health insurance funds, the health care institution, or the statutory pension insurance institution to examine a possible compensation claim if aftercare is a social security, reimbursable performance (doctors).

Penal provisions

§ 11 (1) if one or more in the sections 4, 5, 6, 7, 8, 9 par. 1 and contained 4 to 6 and § 10 orders or bans contrary to, commits an administrative offence, unless the Act constitutes not a criminal offence falling within the jurisdiction of the courts and is fined to punish up to 15 000 euros. The attempt is punishable.

(2) where 1 from the Act referred to in paragraph 1 suffered a serious danger to life or limb and a human health or 2. the perpetrator (the abuser) two times already has been punished because of an administrative offence referred to in paragraph 1, the perpetrator (the abuser) with a fine shall be punished up to EUR 25 000.

Transitional provision

12. (1) before entry into force of this federal law exempted started or contractually agreed-upon aesthetic treatments and operations that are not yet completed at the time of entry into force, as well as directly related to this procedure are standing absolutely necessary follow-up treatment from the implementation of this federal law.

(2) compliance Z are 3 concerning physicians (doctors) for general medicine, which have already made aesthetic operations prior to January 1, 2013, in accordance with § 4 para 3 until at the latest 1 July 2013 to complete. Relevant applications can already before entry into force of this Act, at the latest, but until the expiry of the 31 January 2013. To complete this procedure, the respective doctor (the doctor) is entitled to continue to make the intervention carried out so far.

(3) regulations on the basis of this federal law can be adopted before its entry into force (article 13). You may enter into force at the earliest entry into force of this federal law.

Entry into force

§ 13. This federal law shall enter into force 1 January 2013.

Enforcement

§ 14. The Federal Minister of health (the Minister for health) is entrusted with the execution of this Federal Act.

Article 2

Federal Act 1998 amends the medical act

The Federal law on the exercise of the medical profession and the Association of doctors (doctor Law 1998 - ÄrzteG 1998), Federal Law Gazette I no. 169/1998, as last amended by Federal Law Gazette I no. 50/2012, is amended as follows:

1. at the end of section 43, paragraph 4, the point Z 4 is replaced by a comma and then following Z 5 shall be added: "5. Notes in accordance with § 4 para 9 of the Federal Act on the implementation of aesthetic treatments and operations (ÄsthOpG), Federal Law Gazette I no. 80/2012."

1a. Article 91, paragraph 2 shall be added the following records:

"To support in connection with the collection of the levy of the Curia the Curia meeting of a third party can use. The entrustment to a third party is in the pay-as-you-go rules to regulate."

2. at the end of section 117 b paragraph 1 Z 22a deleted the word "and" at the end of the Z, 23 is the word "and" attached, where the point by a comma is replaced, and then following Z 24 added: "24 announcements according to § 4 paragraph 6 ÄsthOpG."

3. at the end of § 117c paragraph 1 of point replaces Z 5 a semicolon and then following no. 6 shall be added: ' 6 carrying out procedures in accordance with § 4 para 3 Z 3 ÄsthOpG. "

4. at the end of § 117c, para. 2 Z 8 eliminates the word "and" at the end of the Z 9 is the word after the parenthetical expression "and" attached, which eliminates the point and then following Z 10 added: "10 regulation on qualifications and an operation pass for aesthetic operations (§ 4 paragraph 5 and article 9 ÄsthOpG)."

5. in article 122 Z 6 is the expression "§ 117c para 2 Z 1 to 9" by the expression "§ 117c para 2 Z 1 to 10" replaced.

6 § 125 ABS. 4 second sentence reads as follows:

"He decides with notice as the first and last instance in the proceedings in accordance with § 15 paragraph 6, § 27, paragraph 10 and 11 and article 59, paragraph 3 ÄrzteG in 1998, as well as in accordance with § 4 para 3 Z 3 ÄsthOpG."

7 § 130 paragraph 1 are attached the following records:

"The appointment of a second peer Chamber Office Director is allowed. If ordered a second Director, at least a Director must be legally qualified."

8. after section 230, 231 the following section including headline is attached:

"Final provision to the physician Act Federal Law Gazette I no. 80/2012"

"§ 231. section 130 paragraph 1 as amended by the physician Act Federal Law Gazette I no. 80/2012 effective with April 1, 2012."

Fischer

Faymann