360. Regulation of the Federal Minister for health, modifies the pharmaceutical technician regulation
On the basis of section 5 of the pharmacy Act, RGBl. No. 5/1907, as last amended by Federal Law Gazette I no. 135/2009, and of the § 2a para 1 No. 6a of the pharmacist Chamber Act, Federal Law Gazette I no. 111/2001, as last amended by Federal Law Gazette I no. 64/2011, is prescribed:
The pharmaceutical technician regulation, Federal Law Gazette No. 40/1930, as last amended by the regulation BGBl. No. 221/1971, is amended as follows:
1. paragraph 1 paragraph 2:
"(2) deposited include: 1 General professional authorized pharmacists and pharmacist within the meaning of § 3B of the pharmacy Act, RGBl. No. 5/1907, amended, 2. Magistra/Magister of pharmacy, completing the one-year professional training in a public pharmacy or agency pharmacy according to § 3a of the pharmacy Act in amended (instructor/aspirant), 3 persons, as a compensatory measure in accordance with § 3 c para 7 of the pharmacy Act in amended a one-year professional training in a public pharmacy or agency pharmacy select" , and 4 pharmacists and pharmacist, in accordance with section 18, temporarily and occasionally as a provider of services within the meaning of Directive 2005/36/EC on the recognition of professional qualifications, OJ No L 255 of the 30.09.2005 p. 22, as last amended by Regulation (EC) No. 213/2011, OJ No. L 59 of 04.03.2011, S. 4 operate."
2. § eliminates 1 para 3.
3. pursuant to section 1, the following paragraph 1a and heading shall be inserted:
"General professional qualifications
section 1a. (1) for the performance of the pharmacists - / pharmacist profession in Austria, the General professional permission is required. The State diploma of pharmacist or a training verification according to § 3 c of the pharmacy Act, reliability and the of the German language required for the exercise of the profession of pharmacist are a prerequisite for the granting of General professional qualifications by the Austrian Chamber of pharmacists.
(2) the existence of the conditions referred to in paragraph 1 is to prove the Austrian Chamber of pharmacists before taking up the employment upon presentation of the required documents. The Austrian Chamber of pharmacists has decision without delay within a period of three months from the date on which the application together with the documents required fully is filed, to give the General professional qualifications to practice.
(3) the conditions referred to in paragraph 1 are not available, the General professional qualifications is to fail within a period of three months.
(4) necessary for the exercise of the pharmacists - pharmacists professional knowledge of the German language are to provide, if not a five-year employment as a pharmacist in German-speaking countries, a German high school diploma or a German study is proved by a certificate of a language examination. The positive testimony must the language examination of the 'Austrian language diploma Deutsch (ÖSD)"in the difficulty level C1 / B2 (= effective proficiency) match.
(5) pharmacists and pharmacist, the nationals of a Contracting Party of the agreement on the European economic area or the Swiss Confederation, may in Austrian pharmacies without a previous grant of General professional qualifications referred to in paragraph 1 temporarily and occasionally act as providers of services within the meaning of the directive on the recognition of professional qualifications. You are subject to the obligations referred to in article 18."
4. paragraph 2 paragraph 2:
"(2) Aspirantinnen and aspirants to the par. 1 lit." a and c listed activities only under the supervision of a general person entitled pharmacist/pharmacist be used."
5. paragraph 4 together with the heading:
4. (1) has the prescribed professional education (§ 5 para 1) to be carried out in appropriate public pharmacies or institution pharmacies.
(2) training/Ausbildungsverantwortlicher is the pharmacy manager/head of pharmacy. She/er can entrust other/other active/active in this pharmacy General authorized vocational/professional authorized pharmacist/pharmacy but also a/a with this task.
(3) only one / instructor/aspirant must be trained in a company. Training a / a second instructor/aspirants is nevertheless allowed when one / instructor/aspirant has interrupted their / his training or the training period was extended by the Commission in accordance with article 15, paragraph 1. Also the training of two Aspirantinnen/aspirants in the half service pursuant to § 5 para 2 is allowed.
(4) the / the pharmacy manager/head of Pharmacy has the intended inclusion of a instructor/aspirants to sign a week before the start of the training ratio of the competent regional Office of the Austrian Chamber of pharmacists, notifying them of the self-study. Has the regional office within one week to check that the Pharmacy and the trainers for the training of Aspirantinnen/aspirants are suitable logon and put the / the head of pharmacy/pharmacy manager the outcome of its examination in knowledge. If the pharmacy or the trainers for the training of Aspirantinnen/aspirants is not suitable, the Regional Office has to inform the district administrative authority and the/pharmacy manager of head of the pharmacy. The district administrative authority has the training to prohibit, if the pharmacy or the trainers on the training prospect is not suitable.
(5) the / the pharmacy manager/head of Pharmacy has to report the intake and the outlet of a candidate/aspirants within three days of the pharmaceutical salary Fund for Austria. The birth certificate, proof of citizenship and obtaining the academic degree of a connected message recording Magistra/Magister's of pharmacy or the decision on the recognition of a corresponding foreign degree to. The pharmaceutical salary Fund for Austria has to transmit the data of the competent regional office and the Austrian Chamber of pharmacists."
6 paragraph 5 paragraph 2 and 3:
"(2) the Federal Minister of health may, after hearing the Austrian Chamber of pharmacists, especially taking into account worthy reasons, as grant, for example, care of a small child or long-term care of a close relative, the training in half service in the period of two years. A one-time change of the extent of the training service is allowed.
"(3) on the training time only times 1 are as a result of legal or contractual holidays and 2nd by service preventions to be disease or accident up to a total duration of four weeks."
7. According to section 5 paragraph 3 be added following paragraph 4 to 7:
"(4) the technical training is subject to paragraph 5 without interruption.
(5) an interruption of training is 1 for periods of a prohibition of employment in accordance with § 3 para 1 to 3 and 5 para 1 and 2 of the maternity protection Act 1979, Federal Law Gazette No. 221, in the currently valid version, 2. for periods for which the maternity protection Act 1979, the fathers parental leave Act, Federal Law Gazette No. 651/1989, in the current version, or comparable Austrian legislation a maternity leave provide 3 for times of presence - or training service under the military service Act 2001 , Federal Law Gazette I no. 146, in its current version, or the civil service under the Civil Service Act 1986, BGBl. No. 679, amended, or 4. from serious health, personal or family reasons allowed.
(6) on the existence of a break reason pursuant to para 5 No. 4 or the Minister decides on the admissibility of a more than three-year interruption for health after consulting of the Austrian Chamber of pharmacists.
(7) in the event of an unauthorized interruption the training periods do not count and the professional training is to begin."
8 paragraph 6:
"Section 6 (1) has the duty, a a standing/related technical training instructor/aspirants in all sectors of professional activity carefully educate and the instructor/aspirants conscientiously to supervise the activity / the trainers. / The trainers can entrust a / an other/other General authorized vocational/professional authorized pharmacist/pharmacy with regard to individual training content.
(2) during the training period has become the / the instructor/aspirant of training for pharmacists - / pharmacist's profession to devote. A more moderate employment employment is to report the Austrian Chamber of pharmacists. The acquisition moderate further employment is to prohibit, if these impair the purpose of professional education qualitatively or quantitatively administrative decision by the Austrian Chamber of pharmacists.
(3) Aspirantinnen/aspirants are to deal with until the end of the training period or until the passing of the repeat examination (section 15) continue to employ."
9 section 7 para 2 is omitted, para 3 is (2) paragraph labeled and is:
"(2) is the certificate is denied by the Regional Office of the Austrian Chamber of pharmacists, so this, stating the reasons at the latest within one week after the filing of the certificate must be made. "The denial of the certificate by the Regional Office of the Austrian Chamber of pharmacists can both of / by the instructor/aspirants as well as the / challenged by the head of pharmacy/pharmacy leader by means of appeal, decides on which the district administrative authority."
10 paragraph 8 para 2:
"(2) the evidence must include: 1 first and family / last name, place of birth, date of birth the of the candidate/aspirant, 2. place and date of obtaining the academic degree of a Magistra/Magister's of pharmacy or date and issuing University of the nostrification notification of a corresponding foreign degree, 3 date of recording the of the candidate/aspirant, 4. name and address of the pharmacy, in the professional training will be completed" ", Name the / of the mediations, 5. date of withdrawal from the pharmacy, 6 place and date of assessing successfully pushed for the pharmacists - pharmacists professional."
11 § 8 section 3 replaces the phrase "section 4 para 4" by the phrase "§ 4 paragraph 5".
12 § 9 ABS. 2 is:
"(2) the competent regional Office of the Austrian Chamber of pharmacists has the / the instructor/aspirants and / the trainers/mediations at the latest within one week in writing to communicate, whether the application is noted approvingly to, otherwise the request is within this period by the Austrian Chamber of pharmacists administrative decision to dismiss. "A repellent decision of the Austrian Chamber of pharmacists may / will be contested by the instructor/aspirants by means of Appeal decides that the district administrative authority."
13. in article 9, paragraph 3 the phrase "the pharmacy Director entitled to training" replaces in the second sentence "the / the mediations" the phrase.
14 the heading "Inspection Commission" is replaced by of section 10, paragraphs 1 and 2 as follows:
'(1) the examination Board consists of one / a self-employed or salaried pharmacist/pharmacy as Chairman/Chairman and one / a self-employed and hired pharmacist/druggist as auditors/Auditors. For each regional Office of the Austrian Chamber of pharmacists, a sufficient number of Chairmen and examiners/Auditors is to order.
"(2) / the senior Sanitätsbeamtin/Sanitätsbeamte of the country or a his or her nominee / r Deputy/Deputy can testing to monitor the regularity of the verification process attend."
15 paragraph 10 section 4:
"(4) the Regional Office of the Austrian Chamber of pharmacists is entitled to assign one/one instructor/aspirants of the auditing Commission of other regional office, if the vote to candidate/aspirant and the Regional Office of a such assignment taken for examination in view. In this case the the candidate / of the aspirant for admission to the examination of the regional office where the examination scheduled to submit is."
16. in article 14, paragraph 1, the phrase "Government representative" by the word order is "the / the senior Sanitätsbeamtin/Sanitätsbeamten of the country or a substitute/Deputy" replaced.
17 paragraph 14 para 3:
"(3) the hearing Scripture is to conclude with an overall assessment for the majority of individual assessments laid down by the examiners/controllers is decisive. The Chairman shall vote. The negotiating text is by the Chairman, and examiners/moderators to sign. "The result of the audit is to certify the / the instructor/aspirants by a certificate (annex), which help in the way of the competent regional Office of the Austrian Chamber of pharmacists and the / is to be signed by the Chairman of the Committee."
18 according to § 15 the following article 15a and heading shall be inserted:
"Compensation measures pursuant to article 3 c Pharmacy Law"
section 15a. (1) the Austrian Chamber of pharmacists in accordance with § requires 3 c para 7 of the pharmacy Act a compensatory measure, thus the applicant / applicants can select either a one-year practical training in a public pharmacy or facility pharmacy or the passing of the examination for pharmacists - / pharmacist's profession.
(2) chooses the applicant/applicant as a compensatory measure one-year practical training, apply the § § 2, 4 para 1, 2, 4 and 5, as well as sections 5, 6, 7 para 1 and 8 mutatis mutandis.
(3) the select applicant/applicant as a compensatory measure, the passing of the examination for the pharmacists - pharmacists professional, he/she has to apply for admission to the examination at a regional office. Pursuant to sections 10 to 15 shall apply mutatis mutandis."
19 articles 16 to 18 and headings are:
Section 16 (1) who has the beginning of pharmacy manager/head of Pharmacy and the end of an employment contract of a general person entitled pharmacist/pharmacist or of a on the basis of § 18 make pharmacist/pharmacist within three working days of the pharmaceutical salary Fund for Austria to sign. The reported data shall be transmitted to the Austrian Chamber of pharmacists.
(2) in Austrian pharmacies generally professional authorized pharmacists/Pharmacy and pharmacists/pharmacy operating on the basis of § 18 must be kept at the Austrian Chamber of pharmacists and the pharmaceutical salary Fund for Austria in evidence.
Section 17 (1) for the calculation of the duration of required for the permission to the management of a pharmacy (management authority) five-year pharmaceutical activity in a pharmacy is a service usage basis to actually traveled in the full service. Periods completed in the facility are to be only with their proportionate share. Besides the established statutory or collectively holiday six months not exceeding and proven by medical certificate service preventing credited through sickness or accident.
(2) the line permission loses, who was more than three years in any public pharmacy or agency pharmacy Act. The loss will not occur if a pharmaceutical activity in a community pharmacy or agency pharmacy by at least four weeks in the full service or at a lesser level of service exists in a relatively longer period of three years. The pharmaceutical activity can be distributed as to the period of three years, that is the sum of the time at least four weeks in the full service in three years.
(3) after the leadership void is an at least a six-month activity in the full service to complete their recovery.
Section 18 (1) pharmacists/pharmacists who are nationals of a Contracting Party of the agreement on the European economic area or the Swiss Confederation, may temporarily in Austrian pharmacies without a previous grant of General professional qualifications by the Austrian Chamber of pharmacists and worked occasionally as a provider/provider of services within the meaning of the directive on the recognition of professional qualifications are, if they exercise of the pharmacists - / pharmacist profession legally in one of the indicated Member States are established.
(2) the temporary and occasional nature of the provision of services referred to in paragraph 1 is to decide in particular on the basis of the duration, frequency, the regular return and the continuity of services in individual cases. The of the German language required for the service must be.
(3) one/a service provider/service provider has in the sense of paragraph 1, when it first goes to the provision of services to Austria, to inform the Austrian Chamber of pharmacists in advance in writing. This message is once a year to renew the intended service provider/service provider to provide services in Austria temporarily or occasionally during the year in question.
(4) If a previous message because of the urgency of action is not possible, the message has immediately, but not later than within one week after the start of the service provision to be made. If services are provided for the first time, or a substantial change compared with the situation in the documents certified results, the / the service provider/service provider of the Austrian Chamber of pharmacists 1 has their / its nationality, 2. a certificate, proof of it in another party of the agreement on the European economic area or the Swiss Confederation lawfully to exercise the pharmacists - / pharmacist profession is established and that him the exercise of this profession at the time of the submission of the certificate not , also not on a temporary basis, is prohibited, and 3 their / its professional qualification to present.
(5) the documents and certificates referred to in paragraph 3 in connection with paragraph 4 must be submitted in the original or certified copy and foreign language certificates, if necessary, in the certified translation. You may, except be certificate of vocational qualification in accordance with para 4 No. 3, in its template not older than 12 months. From / by the service provider/service provider within the meaning of paragraph 1 information about details of an insurance cover may be required here.
(6) that the service provider/service provider has in the provision of services in Austria the rights and obligations of a pharmacist/pharmacist. He/she is subject to the statutory and other provisions of occupational law and the disciplinary regulations.
(7) the Austrian Chamber of pharmacists and the pharmaceutical salary Fund for Austria can all information about the legality of the branch and the governance of service provider/service provider / request as well as information about the absence of Penal and professional sanctions under article 56 of the directive on the recognition of professional qualifications by the competent authorities of another party to the agreement on the European economic area or the Swiss Confederation for the provision of a service , a withdrawal, revocation or suspension of the professional qualifications as a disciplinary measure, the not present prohibition on the exercise of the activity and the absence of facts, the one of these penalties or measures would justify.
(8) on request of the competent authorities of another party to the agreement on the European economic area or the Swiss Confederation the Austrian Chamber of pharmacists has all the information on the legality of the establishment and good management under article 56 of the directive on the recognition of professional qualifications of the requesting authority of the service provider/service provider and information that are not work-related disciplinary or criminal sanctions , to submit.
(9) certificates in are nationals of a Contracting Party of the agreement on the European economic area or the Swiss Confederation, who in Austria as General authorized vocational/professional authorized pharmacist/pharmacy operates, one/one request for purposes of service provision in another party of the agreement on the European economic area or the Swiss Confederation to exhibit that 1 it to the exercise of the pharmacists - / pharmacist profession in Austria is entitled ", the exercise of this activity at the time of the certificate does not also not temporarily prohibited 2. and 3. has he a required certificate of vocational qualification."
20 paragraph 6 deleted § 20.
21. the equipment referred to as pattern A/1 and A/2 C accounts for, the system is attached.