Dental Assistant-Law

Original Language Title: Zahnärztliche Assistenz-Gesetz

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38. Federal Law, with which the Dentist Act, the Dental Office Act, the Hospital Labor Time Act, the Education Documentation Act and the Vocational Training Act are amended (Dental Assistance Act)

The National Council has decided:

table of contents

Article 1

Amendment of the Dentist Act

Article 2

Amendment of the Dentist Protection Act

Article 3

Change of the Health Service Working Time Act

Article 4

Amendment of the Education Documentation Act

Article 5

Amendment of the Vocational Training Act

Article 1

Amendment of the Dentist Act

The Dentist Act, BGBl. I n ° 126/2005, as last amended by the Federal Law BGBl. I No 61/2010, is amended as follows:

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

2. In the table of contents, the line " § 26 ... Group Practices " through the row " § 26 ... Cooperation in the framework of group practices " replaced, followed by the following lines:

" § 26a

Foundation of group practices

§ 26bAdmission procedure for group practices within the framework of outpatient public

Health care

Section 26c

Professional indemnity insurance "

3. The Table of Contents contains 8. Section of the 1. Main piece and the 4. Section of the 2nd main piece.

4. In the table of contents, the title of the 2. Main item:

"Transitional provisions of the dental profession and of the profession of dentist"

5. In the table of contents, after the line " § 71 ... Pending procedures " the following line is inserted:

" § 71a

Transitional provision on group practices "

6. The following lines are added to the table of contents:

3. Main piece

Dental assistance

Section 1

The profession of dental assistance

Section 72

Professional image

Section 73

Activity Area

Section 74

Professional exercise

§ 75

Professional duties

Section 76

Professional authority

Section 77

Proof of qualification-domestic

Section 78

Proof of qualification-Abroad

§ 79

Withdrawal of professional qualifications

§ 80

Job titles

Section 2

Training

§ 81

Training in the dental assistant

Section 82

Courses for dental assistance

Section 83

Training Regulation

Section 3

Prophylactic assistance

Section 84

Special Qualification Prophylaxis Assistance

§ 85

Training prophylaxis assistance

§ 86

Training Regulation

Section 4

Transitional provisions of the dental assistance

§ 87

Dental assistance

Section 88

Prophylactic assistance

4. Main piece

Criminal and final provisions

§ 89

Criminal provisions

§ 90

entry into force

Section 91

Enforcement

7. The heading to § 2 reads:

'Implementation of Union law'

8. § 2 Z 1 reads:

" 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, 21.11.2008 p. 1;

9. In § 2, the following Z 5 and 6 shall be inserted after Z 4:

" 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 of 05.08.2005 S 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;

10. The following paragraph 5 is added to § 3:

" (5) By this federal law, the

1.

Pharmacies Act, RGBl. 5/1907,

2.

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

3.

Vocational Training Act-BAG, BGBl. No 142/1969,

4.

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

5.

Hebammengesetz-HebG, BGBl. No 310/1994,

6.

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

7.

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

8.

MTD law, BGBl. No 460/1992,

9.

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

10.

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

11.

Psychologists Act, BGBl. No 360/1990,

12.

Psychotherapist Act, BGBl. No 361/1990,

13.

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

shall not be affected. "

11. In Section 6 (2) (2) (2), the phrase is deleted "and according to the personality of the convicted person" .

Section 9 (2) Z 2 reads as follows:

" 2.

as nationals of an EEA Contracting State or of the Swiss Confederation or Austrians who are entitled to a residence permit, are entitled to reside and have a residence card in accordance with § 54 of the German Federal Republic of Germany NAG or a permanent residence card according to § 54a NAG or "

13. In accordance with § 9 (2) Z 2 the following Z 3 and 4 shall be inserted:

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

14. § 19 (4) reads:

" (4) In the case of a cash plan office or The predecessor/predecessor can follow the documentation of his/his/his/his/his/his/his/his/his/his predecessor. ihrem/her successor/successor; in the case of professional recruitment, the predecessor/predecessor has to hand over the documentation to the successor/successor. This

1.

shall be responsible for the documentation and for the duration of the storage obligation, and

2.

the documentation may only be used with the consent of the patient/patient concerned for the provision of dental services. "

15. In § 28 (2), after the word "Service" the phrase " or an overdue change of duty " inserted.

16. In Section 35 (2), the phrase "or discriminating" through the phrase ", discriminating against or prejudicial to the profession of profession" replaced.

17. The following sentence shall be added to section 43 (1):

"The notification of the professional recruitment shall not be retroactive."

18. In accordance with § 43 (1a), the following paragraph 1b is inserted:

" (1b) In the case referred to in paragraph 1a, if the person concerned is not known or is not merely temporarily resident abroad and no person has been designated by a person in his or her home country, deliveries may be made in accordance with paragraph 1 (a). This shall be made legally binding on the competent State Dentists ' Chamber until such time as he/she is aware of his/her stay in the country or makes a name for a person with a right to be authorised. "

19. The 8. Section of the 1. Main piece is omitted.

20. The title of the second main item is:

"Transitional provisions of the dental profession and of the profession of dentist"

21. The 4. Section of the 2nd main piece is omitted.

22. In accordance with § 71a, the following main pieces shall be added:

" 3. Main item

Dental assistance

Section 1

The profession of dental assistance

Professional image

§ 72. The profession of dental assistance includes the support of family members of the dental profession and of the dental profession as well as specialist doctors for oral, maxillofacial and facial surgery in the treatment and care of patients, including the organisation of organisational and administrative activities in the dental office.

Activity Area

§ 73. (1) The area of activity of dental assistance in the context of the treatment and care of the patients includes in particular:

1.

The assistance with the preservative treatment including polishing of fillings and desensitization of dental necks,

2.

assistance in surgical treatment,

3.

assistance in prosthetic treatment, as well as simple laboratory activities,

4.

assistance in parodontological treatment,

5.

The assistant in orthodontic treatment,

6.

Assistance in the case of prophylactic measures, including status collection, information and demonstration of oral hygiene, staining, plastering, dental nutrition advice and fluoridation,

7.

the production, development and archiving of X-ray images,

8.

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

(2) In accordance with paragraph 1, members of the dental assistant may only carry out activities according to the order and under the supervision of members of the dental profession or of the Dentistenberufs profession. or from specialist doctors for oral, maxillofacial surgery and facial surgery .

Professional exercise

§ 74. (1) The professional practice of the dental assistant may only be used in the service relationship.

1.

Members of the dental profession, dental profession or specialist in the field of oral and maxillofacial surgery, who are employed by a professional or professional dentist,

2.

a dental group practice or a medical group practice involving at least one specialist in oral, maxillofacial surgery and facial surgery ,

3.

the institution of a university clinic for dental, oral and maxillofacial surgery, or university clinic for oral and maxillofacial surgery,

4.

the institution of a dental prosthesis or any other hospital within the scope of the department or other organizational unit for dentistry or for oral, maxillofacial and facial surgery

,

(2) A freelance exercise of the dental assistance is not permitted.

Professional duties

§ 75. (1) Members of the dental assistant shall have a conscientious exercise of their profession without distinction of the person. They must respect the well-being and health of the patients in compliance with the rules in force in this respect and in accordance with the technical and scientific knowledge and experience and are subject to specific professional standards. Training. Any self-powerful healing treatment is to be subroted.

(2) Members of the Dental Assistants are obliged to secrecy about all the secrets entrusted to them in the exercise of their profession or known secrets. Section 21 (2) shall apply.

Professional authority

§ 76. (1) Persons entitled to perform the dental assistance shall be entitled to meet the following requirements:

1.

the health suitability required for the exercise of the profession,

2.

the degree of trustworthiness required for the exercise of the profession;

3.

the knowledge of the German language required for the exercise of the profession, and

4.

Proof of qualification according to § § 77 f.

(2) The trustworthiness within the meaning of paragraph 1 Z 2 is not in any case before

1.

in the case of conviction for a custodial sentence for one or more offences committed with a sentence, as long as the sentence is not satisfied, and

2.

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

Proof of qualification-domestic

§ 77. (1) As proof of qualification in the dental assistant, a certificate of successful completion of the training in the dental assistant shall apply in accordance with the provisions of this Federal Law.

(2) A certificate of qualification as set out in paragraph 1 is the same as the successfully completed examination in the teaching profession "Dental Specialist Assistance" in accordance with the provisions of the Dental Assistants ' Training Order, BGBl. II No 200/2009.

Proof of qualification-Abroad

§ 78. (1) The Federal Minister for Health has qualifications in the dental assistant, the one/one national of an EEA Contracting State or the Swiss Confederation from another the EEA Contracting State or the Swiss Confederation has been issued 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 the dental assistant (third country diploma), if his/her owner/owner

1.

is entitled to perform the dental assistance 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 carried out the dental assistance in the territory of that State for three years.

(3) Third-country nationals in accordance with Section 9 (2) shall be nationals of an EEA Contracting State or of the Swiss Confederation on an equal footing with regard to the application of Directive 2005 /36/EC.

(4) The Landeshauptmann/Landeshauptfrau (Landeshauptmann/Landeshauptfrau) has, outside of Austria, recognized qualification certificates of a successfully completed training in dental assistance, which are not covered by paragraphs 1 to 3, by nostrification.

(5) The Federal Minister for Health has to lay down more detailed provisions on the recognition provided for in paragraphs 1 to 4 of this Regulation by regulation.

Withdrawal of professional qualifications

§ 79. (1) The right to practise the dental assistance is to be withdrawn by the district administrative authority responsible for the main residence of the person concerned, if one of the conditions in accordance with § 76 has not already been initially given has been or has fallen away.

(2) On the occasion of the withdrawal of the right to work pursuant to paragraph 1, the Austrian certificate (§ 77) or the communication on the recognition of the training completed abroad (§ 78) must be drawn in.

(3) There are no longer any concerns about the resumption of professional practice by a person whose authority has been revoked in accordance with paragraph 1, and the right to be re-imparted by the district administrative authority on the application of that person's application is the case. Documents drawn up (para. 2) to be refollowed.

(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) The Federal Ministry of Health shall be responsible for atrocities pursuant to para. 1 and 3 as well as appellate notification in accordance with para. 4, by the employer/service provider of the person concerned shall be responsible for attestation in accordance with paragraph 1 and appeal pursuant to para. 4. Knowledge.

Job titles

§ 80. (1) Persons who are entitled to exercise the dental assistance under this Federal Act are entitled to have the professional title "Dentistry Assistant"/"Dental Assistant".

(2) Nationals of an EEA Contracting State or of the Swiss Confederation, which are entitled to exercise their dental assistance under this Federal Law, shall be entitled to the legitimate legal provisions in force in the country of origin or the country of origin. Training designations or whose abbreviations shall lead to:

1.

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

2.

In addition to the professional title, the name and place of the teaching institution or of the examination board which has given this qualification name are listed.

(3) The Leadership

1.

an occupation or training title as referred to in paragraph 1 or 2 by the person who is not entitled to

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

Training

Training in the dental assistant

§ 81. (1) The training in the dental assistant shall be performed within the framework of a service

1.

A member of the dental profession or a dentist's professional or specialist in the field of oral and maxillofacial surgery,

2.

a dental group practice or a medical group practice involving at least one specialist in oral, maxillofacial surgery and facial surgery ,

3.

the institution of a university clinic for dental, oral and maxillofacial surgery, or university clinic for oral and maxillofacial surgery,

4.

the institution of a dental prosthesis or other hospital within the framework of the department or other organizational unit for dentistry or for oral, maxillofacial and facial surgery.

(2) The training lasts three years and includes a theoretical and practical training in the duration of at least 3 600 hours, with

1.

at least 600 hours on the theoretical teaching and

2.

at least 3 000 hours on practical training

to be deleted.

(3) The theoretical training course is to be completed on a course for dental assistance.

(4) In the framework of practical training,

1.

the provisions of this Federal Law, or

2.

Dental assistant training regulations (§ 77 para. 2)

the trainees are entitled to carry out activities according to § 73 by order and under the supervision and supervision of one of the members of the dental profession or of the Dentistenberufs or a specialist in oral, maxillofacial and maxillofacial surgery ,

(5) In order to ensure the quality of the training, part-time employment can be agreed for at least 24 hours per week, provided that this does not fall below the de minimis limit in accordance with Article 5 (2) of the ASVG. .

Courses for dental assistance

§ 82. (1) The theoretical training in the dental assistant has to be carried out at courses which have the necessary teaching staff as well as teaching aids and facilities required for the attainment of the training goal.

(2) The holding of courses according to para. 1 requires the authorization of the Governor of the State/State of the Land. The authorization shall be granted if:

1.

the teachers required for the theoretical training, and a suitably qualified teaching staff,

2.

the premises and teaching aids required for the holding of the theoretical teaching and the necessary technical equipment

are available.

(3) 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 by the Landeshauptmann/Landeshauptfrau after the failure of a reasonable time limit set in order to remedy the deficiencies.

(4) An appeal shall not be admissible against the authorities of the Governor of the Land/Country of the State in accordance with para. 2 and 3.

Training Regulation

§ 83. The Federal Minister for Health has more detailed provisions on the training in dental assistance, in particular on

1.

the content and the minimum level of training, including the skills to be acquired,

2.

the technical requirements of the management and of the teachers,

3.

the admission in and the exclusion from a course for dental assistance,

4.

the implementation of theoretical and practical training,

5.

the nature and conduct of the examinations, including the composition of the examination board, the assessment of the results of the examination, the conditions under which an examination can be repeated, and the number of times to be repeated,

6.

the calculation of examinations and traineeships, and

7.

the form and content of the certificates to be issued,

in accordance with the requirements of the professional practice in the dental assistant and taking into account methodological and didactical principles to ensure the best possible theory-practice transfers and to ensure the quality of training by regulation.

Section 3

Prophylactic assistance

Special Qualification Prophylaxis Assistance

§ 84. (1) In addition to the activities referred to in § 73, the prophylaxis assistance shall include the implementation of prophylactic measures for the prevention of the disease of the teeth, mouth and jaws, including the associated tissues, by arrangement and under Supervision of members of the dental profession and of the Dentistenprofession.

(2) Persons entitled to exercise the prophylaxis assistance shall be entitled to:

1.

are entitled to exercise dental assistance in accordance with the provisions of this Federal Law,

2.

have at least two years of professional practice in the dental assistant and

3.

have successfully completed a training in the prophylaxis assistant in accordance with § 85.

(3) Persons entitled to exercise the prophyaxic assistance shall be entitled to have the professional title "prophylaxis assistant"/"prophylactic assistant". § 80 (2) and (3) apply with regard to the management of the occupational and educational title in the prophylaxis assistance.

(4) In respect of the recognition of qualifications obtained abroad in prophylaxis assistance, § 78 shall apply.

Training prophylaxis assistance

§ 85. (1) The training in prophylaxis assistance comprises a theoretical and practical training in the duration of at least 144 hours, with

1.

at least 64 hours on the theoretical instruction and

2.

at least 80 hours on practical training

to be deleted.

(2) In the context of practical training, professionals are entitled to carry out activities in accordance with § 84, paragraph 1, according to the arrangement and under the supervision and supervision of one of the members of the dental profession or the work of the Dentistener.

(3) The holding of further training in accordance with paragraph 1 shall require the approval of the provincial governor. The authorization shall be granted if:

1.

the teachers required for the theoretical training and a suitably qualified management, and

2.

the premises and teaching aids required for the holding of the theoretical teaching and the necessary technical equipment

are available.

(4) In the event that the conditions set out in paragraph 2 are not or are no longer fulfilled, the authorization shall be withdrawn by the Landeshauptmann/Landeshauptfrau after the failure of a reasonable time limit set to remedy the deficiencies has been unsuccessful.

(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.

Training Regulation

§ 86. The Federal Minister for Health/Federal Minister for Health has detailed provisions on the continuing training for prophylactic assistance, in particular on:

1.

the content of continuing training, including the skills to be acquired,

2.

the technical requirements of the management and of the teachers,

3.

the inclusion in and exclusion from a training for prophylactic assistance,

4.

the implementation of theoretical and practical training,

5.

the nature and conduct of the examinations, including the composition of the examination board, the assessment of the results of the examination, the conditions under which an examination can be repeated, and the number of times to be repeated,

6.

the calculation of examinations and traineeships, and

7.

the form and content of the certificates to be issued,

in accordance with the requirements of the exercise of the prevention assistance, and taking into account methodological and didactical principles to ensure the quality of training by means of a regulation.

Section 4

Transitional provisions of the dental assistance

Dental assistance

§ 87. (1) Persons who, by the end of 31 December 2012, under the collective agreement between the Austrian Dental Association and the Austrian Trade Union Confederation, trade union of private employees, print, journalism, paper, Health, Social Services, Children's and Youth Welfare, of 13. May 2009

1.

are employed as dental assistants with a person in the dental profession or in the dental profession, and

2.

have successfully completed the specialist course in the dental assistant,

shall be entitled to exercise the dental assistance.

(2) Persons who do not satisfy the condition of paragraph 1, but who are trained as dental assistant or dental assistant in accordance with the provisions of a collective agreement according to § 2 Labour Constitutional Law, BGBl. No. 22/1974, are entitled to exercise the dental assistance.

(3) Persons who do not fulfil the condition of para. 1, but the course for dental assistants in the context of a pilot project according to the decision of the Styrian State Government of 9.7.2001, GZ 12-97 Z 3/4-2001, in cooperation between the county of Styria and the Univ. Clinic for Oral and Oral Medicine at the LKH-Univ. Klinikum Graz, are entitled to pursue the dental assistance.

(4) Training as per para. 1 to 3 may be started by 31 December 2016 at the latest and must be completed by 31 December 2020 at the latest. Persons who have successfully completed these training courses are entitled to exercise their dental assistance.

(5) Without prejudice to paragraph 4, the institutions of the specialized courses referred to in paragraph 1 and the courses referred to in paragraph 3, which have held an education in the dental assistant in 2012 and intend to carry out further training courses, shall have the right to receive recognition. as courses for dental assistance in accordance with the provisions of this Federal Law on behalf of the Landeshauptmann/Landeshauptfrau

1.

until 31 March 2013, to indicate this and to report when the training will be carried out as a training course for dental assistance in accordance with the provisions of this Federal Law, and

2.

to submit the necessary documents for the examination of the conditions at the latest six months before the beginning of the training course for dental assistance.

The Landeshauptmann/Landeshauptfrau (Landeshauptmann/Landeshauptfrau) has to examine the requirements for the holding of a course for dental assistance according to § 82 on the occasion of the notification and the submission of the documents according to Z 1 and 2. The holding of the course shall be refused, provided that the conditions laid down in § 82 are not proved; an appeal is not admissible against this decision.

Prophylactic assistance

§ 88. (1) Persons who, by the end of 31 December 2012, under the collective agreement between the Austrian Dental Association and the Austrian Trade Union Confederation, trade union of private employees, print, journalism, paper, Health, Social Services, Children's and Youth Welfare, from 13 May 2009 have successfully completed the additional training in prophylaxis assistance, are entitled to exercise the prophylaxis assistance.

(2) Persons who do not satisfy the conditions set out in paragraph 1, but

1.

are entitled to exercise the dental assistance in accordance with the provisions of this Federal Law, and

2.

in Austria

a)

have completed a corresponding other training in the prevention of prophylaxis, or

b)

before 1. January 1992 as well as since 1. Jänner 2007 for at least two years activities of the prophylaxis assistant in the service relationship to a member of the dental profession, a carrier of a university hospital for dental, oral and maxillotherapy, or a hospital most of them,

are authorized to perform the prophylaxis assistance.

(3) The activity referred to in paragraph 2 (2) (2) (2). (b) shall be issued at the request of the professional (s) to issue a confirmation by the employer/service provider concerned. If an exhibition of this confirmation is no longer possible, the members of the dental assistant are entitled to the final examination of the continuing training in the prophylaxis assistant in accordance with the provisions of this federal law. .

(4) The training referred to in paragraph 1 may be started by 31 December 2013 at the latest and must be completed by 31 December 2015 at the latest. Persons who have successfully completed these training courses are entitled to exercise the prophylaxis assistance.

(5) Without prejudice to paragraph 4, the institutions of additional training provided for in paragraph 1, which have held this additional training in 2012 and intend to carry out further additional training, shall have the right to be recognised as further training in the Preventive assistance in accordance with the provisions of this Federal Law on the Land of the State

1.

until 31 March 2013, to indicate this and to report, from when the additional training will be carried out as a further training in the prophylaxis assistant in accordance with the provisions of this Federal Law, as well as

2.

to submit the necessary documents for the examination of the conditions, no later than six months before the beginning of such training.

On the occasion of the notification and presentation of the documents in accordance with Z 1 and 2, the Landeshauptmann/Landeshauptfrau has to examine the requirements for the holding of a further training in the prophylaxis assistance according to § 85. The holding of further training shall be refused, provided that the conditions laid down in § 85 are not proved; an appeal is not admissible against this decision.

4. Main piece

Criminal and final provisions

Criminal provisions

§ 89. (1) Who

1.

the dental profession or dentist profession, or

2.

An activity circumscribed in § § 4 or 58

, without being entitled to be entitled under this federal law or under other statutory provisions, unless the act constitutes the offence of a criminal offence within the jurisdiction of the courts, a Administrative transgressing and punishable by a fine of up to EUR 4 000.

(2) It is also necessary to punish anyone who is not entitled to a person who is not entitled to do so by this federal law or another statutory provision, to a circumscribed activities in § § 4 or 58.

(3) Where

1.

as a result of the act referred to in paragraph 1 or 2, a serious risk to a person's limb, life or health has arisen, or

2.

the perpetrator/perpetrator has already been punished twice for unauthorised dental work,

the perpetrator/perpetrator shall be punished with a fine of up to 25 000 euros.

(4) Provided that the action does not constitute a criminal offence within the jurisdiction of the courts, an administrative surrender shall be committed and punishable by a fine of up to EUR 4 000, who shall:

1.

carry out an activity of the dental assistant or prophylaxis assistant in accordance with § § 73 or 84 para. 1, without being entitled to be entitled to this federal law or any other statutory provision, or

2.

A person who is not entitled to this federal law or any other statutory provision is entitled to an activity of the dental assistant or prophylaxis assistant.

(5) Who

1.

carry out an activity under one of the professional designations defined in this Federal Act (§ § 5, 54, 59, 80 and 84 para. 3) without being entitled to be entitled to

2.

the second sentence of § 5 (5), § 12 (1) and (7), § 14 (1), § 16, § 17 (1), § 18 (1), 2, 3 and 5, § 19, § 20, § 21 (1), § 22 (1), § 23, § 24, § 25, § 26, § 27 (2) to 4, § 28 sec. 2, § 29, § 30, § 31 sec. 2, 2a and 3, first sentence, § 33, Section 34 (2), § 35 (1) to (4), § 36 (1), § 37, § 38, § 39, § 43 (1), § 44 (1), § 49 (1), § 50a para. 2, § 50e (1) to (4), § 54 (2) and (3), § 59 (2), § 62, § 74, § 75, § 80 (3), § 82 (2) and § 85 (3). Prohibited 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 offence 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 4 000.

(6) The experiment in accordance with para. 1 to 5 is also punishable.

entry into force

§ 90. (1) This federal law shall enter into force 1. Jänner 2006 in force.

(2) With effect from 31 December 2012

1.

of the 7a. Section of the 1. Main item, in § 51 (3) (1) of the term "§ 50a (2), § 50e (1) to (4)," and in the table of contents of the 7a. Section of the 1. Main piece in the version of the Federal Law BGBl. I No 80/2006 and

2.

§ 11 paragraph 2 Z 19 in the version of the Federal Law BGBl. I No 57/2008

except for strength.

(3) With 1. January 2008 is replaced by Section 46 (3) (2) and (4) in the version of the Federal Law BGBl. I No 112/2007 in force.

(4) With 1. January 2007 Section 26, Section 1, as amended by the Federal Law BGBl, is replaced by the Federal Law Gazette. I n ° 57/2008 in force.

(5) With 20. October 2007

1.

the table of contents and § § 2, 9, 12 (8), 31 and 55 (1) and (2) together with the title in the version of the Federal Law BGBl. I No 57/2008 in force and

2.

§ 7 (1) (3) and (10) together with the title shall not apply.

(6) With 1. Jänner 2013

1.

the table of contents, the title of the second main piece, and the 3. and 4. Main piece in the version of the Federal Law BGBl. I n ° 38/2012 in force and

2.

of the 8. Section of the 1. Main piece and the 4. Section of 2nd main item out of force.

Enforcement

§ 91. The Federal Minister/Federal Minister for Health is responsible for the enforcement of this Federal Act. "

Article 2

Amendment of the Dentist Protection Act

The Dentists ' Law, BGBl. I n ° 154/2005, as last amended by the Federal Law BGBl. I n ° 57/2008, and the Federal Ministries Act of 2009, Federal Law Gazette (BGBl). I No 3, shall be amended as follows:

1. § 7 (4) reads: :

" (4) The Austrian Dentistry Chamber and the State Dental Chambers have within their scope of action the competent authorities of the other States Parties to the Agreement on the European Economic Area (EEA States Parties) and the Swiss Confederation on the application of

1.

Directive 2005 /36/EC on the recognition of professional qualifications, OJ L 327, 30.4.2005, p. No. OJ L 255, 30.09.2005 p. 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 scrutiny, OJ L 184, 17.7.2008, p. No. OJ L 311, 21.11.2008 p. 1, and

2.

Directive 2011 /24/EU on the exercise of patients ' rights in cross-border healthcare, OJ L 327, 28.11.2011, p. No. OJ L 88, 4.4.2011 p. 45,

the necessary information pursuant to paragraph 5, in particular by means of the Internal Market Information System (IMI). "

2. According to § 19 (1) Z 2 the following Z 2a is inserted:

" 2a.

Conclusion of binding framework conditions for professional indemnity insurance in accordance with § 26c of the German Dental Doctors Act (ZÄG), BGBl. I No 126/2005; "

3. § 19 (1) Z 5 reads:

" 5.

Implementation of training, further training and further training for dental assistants/assistants; "

4. § 35 para. 2 Z 7 reads:

" 7.

Implementation of courses for dental assistance and further training in the prophylaxis assistant in accordance with the provisions of the Dentistry Act; "

5. In § 36 Z 3, the accoration is made by the word order " or the Vice-Presidents, " replaced.

6. In § 37 (3) (1) (1), after the word "Vice-President" the phrase " , in federal states with more than 1000 chamber members of one/a second vice-president/vice-president " inserted.

7. In § 38 (7), before the word order "by Regulation" the phrase "including any administrative criminal provisions" inserted.

8. In Section 41 (1) (2) (2), before the word "and" the phrase " or Vice-Presidents/Vice-Presidents " inserted

9. In Section 41 (2), after the word "Vice-President" the phrase " , in federal states with more than 1000 chamber members of the second Vice-President/Vice-President " inserted.

Section 43 (3) reads as follows:

" (3) The President/President shall, in the case of his/her prevention, be appointed by the Vice-President/Vice-President/Vice-President/Vice-President from the Vice-Presidents in the order in which they were elected. In the case of prevention of the President/President and/or Vice-President/Vice-President/Vice-President/Vice-President the Vice-President/Vice-Presidents shall be responsible for representing the President/President on the oldest member of the Land Committee for years of life. "

11. In § 43 (4), first sentence, in the first half-sentence, after the word "Vice-President" the phrase " or the Vice-President/Vice-Presidents " and in the second half-sentence after the word "Vice-President" the phrase " or the Vice-President/Vice-Presidents " inserted.

12. § 44 (4) reads:

" (4) In the case of permanent prevention of the Landesfinanzreferent/Landesfinanzreferentin or in the case of the withdrawal of the trust by the Land Committee, the person as the Landesfinanzreferent/Landesfinanzreferentin nach, der/die in den Nomination, in which the former Landesfinanzreferent/Landesfinanzreferentin (Landesfinanzreferent/Landesfinanzreferentin/Landesfinanzreferentin/Landesfinanzreferentin/Landesfinanzreferentin/Landesfinanzreferentin/Landesfinanzreferentin/Landesfinanzreferentin/Landesfinanzreferentin/Landesfinanzreferentin) was named "

13. In § 107 (3) and § 109 (4), the word shall be given in each case "Press Body" by the word "Publication organ" replaced.

14. The following paragraphs 5 to 7 are added to § 126:

" (5) § 19 para. 1 Z 5 and § 35 paragraph 2 Z 7 in the version of the Federal Law BGBl. I n ° 38/2012 will be 1. Jänner 2013 in force.

(6) The first-time election of the second Vice-President/Vice-President in federal states with more than 1000 chamber members as well as the succession/succession professor of the Landesfinanzreferenten/Landesfinanzreferentin/Landesfinanzreferentin/Landesfinanzreferentin/Landesfinanzreferentin/Landesfinanzreferentin/Landesfinanzreferentin/Landesfinanzreferentente/Landesfinanzreferentin/ Circle of its members and succession in three months after the proclamation of the Federal Law BGBl. I No 38/2012.

(7) § 7 paragraph 4 Z 2 in the version of the Federal Law BGBl. I n ° 38/2012 is 25. October 2013, in force. "

Article 3

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 ° 93/2010, shall be amended as follows:

1. In Section 1 (2), at the end of Z 12, the point shall be replaced by a dash and the following Z 13 shall be added:

" 13.

Dental assistants and dental assistants in training in accordance with the Dentists ' Law, "

2. In § 3 (3), the number in the parenthesis shall be the number "12" by the number "13" replaced.

3. According to Article 15 (2j), the following paragraph 2k is inserted:

" (2k) § 1 para. 2 and § 3 para. 3 in the version of the Federal Law BGBl. I n ° 38/2012 will be 1. Jänner 2013 in force. "

Article 4

Amendment of the Education Documentation Act

The Education Documentary Act, BGBl. I n ° 12/2002, as last amended by the Quality Assurance Framework Act, BGBl. I No 74/2011, is amended as follows:

1. § 2 para. 1 Z 1 is the following lit. o appended:

"

Courses for dental assistance and further training in the prophylaxis assistant in accordance with the Dentists ' Law, BGBl. I No 126/2005; "

2. In § 2 para. 1 Z 3 the expression "h to n" by the expression "h to o" replaced.

(3) The following paragraph 10 is added to § 12:

" (10) § 2 para. 1 Z 1 and 3 as well as § 15 Z 3 in the version of the Federal Law BGBl. I n ° 38/2012 will be 1. Jänner 2013 in force. "

4. In § 15 Z 3, the expression "i to n" by the expression "i to o" replaced.

Article 5

Amendment of the Vocational Training Act

The Vocational Training Act, BGBl. No. 142/1969, as last amended by the Federal Law BGBl. I No 40/2010, shall be amended as follows:

In accordance with § 35, the following § 35a and heading is inserted:

" Teaching Profession in the dental assistant

§ 35a. (1) With regard to a teaching profession in the dental assistant

1.

adopt the Regulations in agreement with the Federal Minister of Health in accordance with § 6 (6) and § § 7, 8, 8a, 24 and 27b; and

2.

§ § 8b, 8c, 27, 27a, 28, 29, 30 and 30b shall not apply.

(2) The following special provisions shall apply to a teaching profession as referred to in paragraph 1:

1.

The apprentice body shall also refuse to register the teaching contract in accordance with Section 20 (3) if the apprentice does not fulfil the conditions of the health suitability and trustworthiness required for the professional exercise.

2.

The Chairperson of the Examination Commission for the Apprenticeship Examination according to § 22 is a member of the dental profession who is seconded by the governor of the state.

3.

The prerequisite for the admission to the final examination according to § 23 (5) is the proof of the qualification required for the exercise of the dental assistance; § 23 (7) and (9) is not applicable.

4.

The Federal Vocational Training Advisory Board in accordance with § 31 shall include two members who are to be appointed by the Federal Minister of Health with an advisory vote. "

Fischer

Faymann