Federal Law On The Supreme Medical Officer (Osr Law) As Well As Amendment Of The Act On The Organisation Of The Public Medical Services

Original Language Title: Bundesgesetz über den Obersten Sanitätsrat (OSR-Gesetz) sowie Änderung des Gesetzes betreffend die Organisation des öffentlichen Sanitätsdienstes

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70. Federal Act, by which the Federal Law on the Supreme Sanitary Council (OSR Act) is enacted and the law relating to the organization of the Public Sanity Service is amended

The National Council has decided:

Article 1

Federal law on the Supreme Sanity Council (OSR Act)

§ 1. The Federal Minister for Health has to set up a Supreme Council of Health at the Federal Ministry of Health.

§ 2. (1) The Supreme Sanity Council is a commission in accordance with Section 8 of the Federal Ministries Act 1986-BMG, BGBl. No 76, which advises the Federal Minister for Health in the Scientific Affairs of the Health Service, which fall within his/her scope of action, by issuing recommendations. The Supreme Court of Sanity may also report on the report.

(2) The Board of Governor of the Supreme Sanity Council shall carry out its activities at meetings of the General Assembly and any specialised committees. Meetings of the General Assembly and any specialised committees are not open to the public, their progress and the results of the meetings are secrecy. The Federal Minister for Health may, in individual cases, have exceptions to the obligation to conceal the law.

(3) The Supreme Sanity Council may propose to the Federal Minister for Health the publication of a recommendation or an expert opinion.

§ 3. (1) The members of the Board of Governmental Health Council are to be appointed by the Federal Minister for Health for a period of three years. Re-appointments are possible. In any case, a representative of the Austrian Medical Association, a representative of the Austrian Pharmacists ' Chamber and a senior staff member of the Federal Ministry of Health are to be appointed as members.

(2) The appointment of Members shall ensure a balance between women and men, with at least 40 vH of women belonging to the Supreme Sanity Council.

(3) The President of the Board of Governors of the Board of Governors and two Vice-Presidents shall be elected by the General Assembly from their midst.

§ 4. (1) The members of the Board of Governmental Health Council shall make a declaration to the Federal Minister for Health for the period of the term of office of any existing conflicts of interest. Any changes made during the period of the operation must be reported immediately.

(2) The loss of membership of the Board of Governors of the Supreme Sanity Council leads to the disappearance of a circumstance from which a conflict of interest may arise. The relevant member is to be dismissed by the Federal Minister for Health. This shall also apply in the event of failure to notify any amendments if the circumstance that a conflict of interest may arise has only occurred during the period of the operation.

(3) In order to assess conflicts of interest within the meaning of paragraph 1, each member of the Board of Governors shall, in particular, have financial relations with interest groups and profit-making undertakings in the field of health care. The Federal Minister for Health and the President/-in-Office.

(4) The Federal Minister for Health shall have to decide upon the announcement of conflicts of interest,

1.

whether the member of the Board of Governor of the Supreme Council concerned has to abstain on relevant matters relating to the deliberation of the matter or the vote; or

2.

he/she shall convene the Member concerned.

(5) The Federal Minister for Health shall inform the President of the Board of Governors of the Board of Governors pursuant to paragraph 4 of this Article.

§ 5. The Supreme Council of Sanity shall adopt its rules of procedure which shall ensure the performance of the tasks assigned to it. The Rules of Procedure shall, in particular, include:

1.

the membership, the appointment and the convening of the members,

2.

the convening and the conduct of meetings, and

3.

the presence and decision-making in the meetings

and is required for their effectiveness of the approval by the Federal Minister for Health. This shall also apply to any amendment of the Rules of Procedure.

§ 6. (1) The Federal Minister for Health may set up a specialist committee of the Board of Governmental Health Council on specific issues, which may also include experts who are not members of the Board of Governmental Health Board. § 4 shall apply.

(2) The President of the Board of Governments/he/she may at any time recommend to the Federal Minister for Health the establishment of a technical committee pursuant to paragraph 1.

(3) The specialised committees shall report to the General Assembly of the Board of Governor of the Supreme Sanity Council.

§ 7. The members of the Supreme Council of Sanity and the additional experts from the Board of Government-volunteers perform their function on a volunteer basis. You are entitled to the replacement of travel expenses according to the highest fee level of the travel fee rule 1955, BGBl. No. 133.

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

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

Article 2

Amendment of the law concerning the organisation of the public health service

The Law on the Organisation of Public Sanity Service, RGBl. N ° 68/1870, shall be amended as follows:

§ § 15 to 20 are deleted.

Fischer

Faymann