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 law, which adopted the Federal Act on the Supreme medical officer (OSR Act) and amended the law on the organisation of the public medical services

The National Council has decided:

Article 1

Federal law on the Supreme medical officer (OSR law)

§ 1. The Federal Minister for health has to establish a Chief Medical Officer at the Federal Ministry for health.

Section 2 (1) of the Supreme medical officer is a Commission pursuant to section 8 Federal Ministry of law 1986 - BMG, BGBl. No. 76 / the Federal Minister for health in scientific matters of health care, that falling within his or her area of effect, by making recommendations advises. The Chief Medical Officer may reimburse also opinion.

(2) the Chief medical officer performs his duties in sessions of the General Assembly and any committees. The sessions of the General Assembly and any specialised committees are not public, about their history and the result is to maintain secrecy. The Federal Minister for health can have exceptions in individual cases from the obligation of secrecy.

(3) the Chief Medical Officer may propose the publication of a recommendation or an opinion / the Federal Minister of health.

Are the members of the top former § 3 (1) of the / appointed by the Federal Minister of health for a period of three years. Re appointments are possible. A / e a representative of the Austrian Medical Association, / e representative of the Austrian Chamber of pharmacists and a / e expert / senior r / r are employees of the Federal Ministry of health anyway, to appoint members.

(2) in the case of the appointment of members is to make sure where at least 40 vH women belonging to have the top medical officer on a balance between women and men.

(3) the President of the top former and two Vice President workers should be chosen by the General Assembly from among its members.

4. (1) the members of the top former have to submit a statement of any existing conflicts of interest / the Federal Minister of health for the period of the term of Office. Any changes are during the term of Office must be notified immediately.

(2) a disclosure of a circumstance from which a conflict of interest can arise, leading to the loss of membership in the Supreme medical officer. The Member is recalled by the Federal Minister of health. This applies also in the case of failure to publish of the communication of any changes, if the fact from which a conflict of interest could arise, only occurred in the course of the term of Office.

(3) to assess conflicts of interest within the meaning of paragraph 1 former in particular financial relations with inter food associations and profit-oriented enterprises in the field of health care are which by any member of the Supreme Federal Minister of health and the President /-in to disclose.

(4) the Federal Minister of health has for disclosure of conflicts of interest to decide



1. whether to include former on relevant issues of the advice or the vote has become the Member of the Supreme or 2. dismisses he/she the Member concerned.

(5) the Federal Ministry of health has to inform the President of the top former decisions pursuant to paragraph 4.

§ 5. The Chief Medical Officer has to adopt its rules of procedure that ensures the fulfilment of the tasks entrusted to it. The rules of procedure in particular has qualifiers



1 membership, the appointment and dismissal of the members, 2. the convocation and the expiration of sessions and 3. to contain the presence and voting in meetings and necessary for its effectiveness of the approval by the Federal Minister of health. This also applies to any change in the rules of procedure.

6. (1) the Federal Minister for health can use a Committee of top former on specific issues, which can include also experts who are not members of the top former. Article 4 shall apply.

(2) / the President of the top former the setting up of a Committee of experts referred to in paragraph 1 may at any time recommend / the Federal Minister of health.

(3) the specialised committees have to report to the General Assembly of the top former.

§ 7. The members in the Chief Medical Officer and the in addition any experts volunteer exert their function. You are entitled to compensation of for travel expenses according to the highest level of fees the travel fees regulation 1955, BGBl. No. 133.

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

§ 9. The Federal Minister for health is entrusted with the execution of this Federal Act.

Article 2

Amendment of the Act on the organisation of the public medical services

The law on the organisation of the public medical services, RGBl. No. 68/1870, is amended as follows:

The sections 15 to 20 are eliminated.

Fischer

Faymann