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Amendment Of The Pharmacist Chamber Act 2001

Original Language Title: Änderung des Apothekerkammergesetzes 2001

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145. Federal law amending the pharmacists ' chamber law in 2001

The National Council has decided:

The pharmacerkammergesetz 2001, BGBl. I n ° 111/2001, as last amended by the Federal Law BGBl. I n ° 75/2008 and the Federal Ministries of the Federal Ministries of Law 2009, BGBl. I No 3, shall be amended as follows:

1. § 2 together with the title is:

" Own Impact Area

§ 2. (1) The Chamber of Pharmacists shall be appointed to carry out and promote the common professional, economic and social interests of the self-employed and employed pharmacists, to regulate the exercise of their profession, to maintain the views of the pharmacists and to ensure that they are respected. To monitor professional duties.

(2) In its own sphere of action, the Chamber of Pharmacists shall, in order to represent the interests of pharmacists, carry out in particular the following tasks:

1.

to conclude contracts for the regulation of pharmacists ' relations with the institutions of social security and the main association of Austrian social security institutions, social welfare and basic health care providers, as well as health care,

2.

to work towards the regulation of working conditions of their members and to conclude collective agreements,

3.

common economic facilities, welfare and support facilities for members and their survivors to be established, operated or promoted; the Chamber of Pharmacists in the Administrative Community with the Marketing Authorisation Holder for Austria may also provide facilities for the supply of its members and whose Create a national for the case of the disease, which is subject to the conditions of § 5 GSVG, BGBl. No 560/1978. These facilities may also exist in a contractual group insurance completed by the pharmacists ' chamber,

4.

to carry out public relations work,

5.

inform and advise members,

6.

in disputes between Members,

7.

to pursue disciplinary proceedings against the violations of professional duties and impairment of the reputation of the pharmacy by members,

8.

to conduct a disciplinary record,

9.

to issue confirmations of membership;

10.

carry out the professional training of their members, and

11.

To carry out quality assurance matters.

(3) In its own sphere of action, the pharmacist chamber shall be responsible for the following provisions, in particular:

1.

Rules of Procedure

2.

Function-charging policy,

3.

The Order of Service,

4.

Circulation Regulations,

5.

More detailed rules on the professional practice (professional regulations),

6.

Detailed rules on the maintenance of stand-by vision (Disciplinary Code)

7.

Training guidelines,

8.

Training regulations and

9.

Guidelines for quality assurance.

(4) In order to represent the interests of the pharmaceutical profession, the Austrian Pharmacists ' Chamber shall, in particular, carry out the following tasks:

1.

deliver opinions on draft laws and regulations,

2.

reports, opinions and proposals concerning the health sector, in particular the supply of medicinal products and the provision of medicinal products, the training and further training of pharmacists, the establishment of pharmacies and the rest of the -to reimburse pharmacies and pharmaceutical products, and to encourage legal action;

3.

at the request of the Federal Law Gazette (BGBl) in accordance with § 11e of the Federal Law on Hospitals and Kuranstalten. No 1/1957, to deliver opinions to patients ' representations in the countries,

4.

To send representatives to bodies or other bodies or to make proposals for the occupation, provided that this is provided for by law or regulation. is,

5.

to represent the Austrian pharmacies in and vis-à-vis international organisations and associations,

6.

to maintain the relationship with international and foreign professional representatives,

7.

the promotion and protection of the health of the population and the monitoring of and evaluation of health conditions and on official health statistics participate,

8.

carry out or participate in scientific surveys and studies relating to the situation of pharmacy and the supply of medicinal products;

9.

to participate in the facilities of the Austrian universities for pharmaceutical education, further education and further education,

10.

Holding events for further training, continuing education and further training diplomas to professionals , and in Germany or abroad, professional training and further education recognition,

11.

information and documentation relating to medicinal products and other products to be used in pharmacies, in particular with regard to the name and number of articles, manufacturers and/or deposit companies, authorisation number, composition, quantity of contents, Dosage form, type of application, strength, dosage, batch, expiry date and other indication of use or warning, effect, side effects and interactions, delivery specifications of any kind, prices and synonyms to be created or created to leave and to use,

12.

to guide lists of all pharmacies and members,

13.

to participate in the supervision of pharmacies,

14.

Procedure on the basis of § 14 of the Federal Act against Unfair Competition, BGBl. No 448/1984, and

15.

in accordance with § 85a of the German Medicines Act, BGBl. No 185/1983, on omission. "

2. In accordance with § 2, the following § 2a together with the heading is inserted:

" Transmitted impact area

§ 2a. (1) In the field of activity transferred, the pharmacist chamber shall carry out the following tasks:

1.

the practical training of pharmacists, in particular the examination procedure and the holding of the examination for the profession of pharmacist,

2.

the pharmacy certificate issued in accordance with § 3e Para. 1 of the pharmacy law, RGBl. 5/1907,

3.

the award of the State Pharmacists ' Diploma pursuant to Section 3a (2) of the German pharmacy act,

4.

the granting of the general professional authorization pursuant to Section 3b (4) of the German Pharmacies Act,

5.

the recognition of foreign training certificates in accordance with § 3c of the German pharmacy law,

6.

the disqualification of the general professional authority pursuant to § 3d para. 1 of the German pharmacy law,

7.

the granting of the concession to operate an existing public pharmacy in accordance with Section 51 (4) of the pharmacy act,

8.

the granting of the authorization to operate an existing branch pharmacy in accordance with § § 24, 53 iVm § 51 Pharmacy Act,

9.

approval of social contracts and their amendments pursuant to § 12 para. 4 of the German pharmacy law,

10.

the necessary verification of existing social contracts and in the event of non-compliance with the application for withdrawal of the concession by the district administrative authority in accordance with § 12 para. 5 of the German Pharmacies Act,

11.

the authorization of the transfer of a public pharmacy, a branch pharmacy pursuant to § 24 para. 7 of the pharmacy law or the anstaltsapotheke according to § 38 of the German pharmacy act within the established location according to § 14 para. 1 of the German pharmacy law,

12.

approval of lease contracts as well as their changes, approval of the subject, any verification of existing lease agreements and withdrawal of the authorization pursuant to § 17 para. 3 and 4 pharmacy law,

13.

the approval of the distance from the obligation to lease pursuant to § 17 para. 6 of the German pharmacy law,

14.

approval by the head of a public pharmacy in accordance with § 17a of the pharmacy law,

15.

the authorisation of the head of a hospital pharmacy in accordance with § 37 of the German Pharmacies Act,

16.

the acceptance of the designation of the name of the ladder order in case of temporary prevention of the concession holder, tenants or responsible manager in accordance with § 17b of the German pharmacy law,

17.

the issuing of confirmations of granted pharmacy rights;

18.

the issue of certificates referred to in Article 7 (2) (lit). (b) and Article 50 (1) of Directive 2005 /36/EC,

19.

the issuing of confirmations and certificates of the type and duration of professional activity or professional use, as well as employment relationships in the pharmacy profession and of other certificates and

20.

the publication of the specialist information of the proprietary medicinal products according to § 15 para. 6 of the German Medicines Act.

(2) In the case of the proceedings to be carried out in the matters referred to in paragraphs 1, 2 to 15 and 17 to 19, the General Administrative Procedure Act 1991, BGBl, shall be applicable, in so far as the pharmacies law does not contain specific provisions. No 51.

(3) The pharmacists ' chamber may, in accordance with a processing fee ordinance to be issued by the Assembly of Delegates, raise a processing fee for the procedures referred to in paragraph 1.

(4) Weiters shall be responsible for the discharge of the following provisions in the area of activity conferred on the pharmacist:

1.

supplementary directives on the practical training of pharmacists,

2.

Pharmacists ' expulsion directive and

3.

Rules on the collection of a processing fee to be paid in accordance with the average amount of personnel and material involved in the implementation of the procedures (processing fee regulation). "

3. In accordance with § 10 (2) Z 3 the following Z 3a is inserted:

" 3a.

the release of rules on the collection of a processing fee, "

4. The following Z 4a and Z 4b are inserted in accordance with Section 10 (2) Z 4:

" 4a.

To lay down detailed rules on the maintenance of professional standing (disciplinary code);

4b.

the release of the pharmacist expulsion directive, "

5. § 28 with headline reads:

" Bulk consignments

§ 28. Mass broadcasts by electronic mail to chamber members, which are carried out in order to fulfill the duties of the pharmacists ' chamber, do not require the consent of the recipient in accordance with § 107 of the Telecommunications Act, BGBl. I No 70/2003. '

6. In § 71, the word order is deleted "and except in the case of § 41 (6)" .

7. § 76 (3) deleted, para. 4 receives the sales designation "(3)" .

8. In § 77, the sales designation shall be deleted "(1)" and paragraph 2.

9. The title of the 7. Section is:

"Right of instruction and supervision"

10. § 79 together with the title is:

" Right of instruction

§ 79. The chemist's chamber is bound in the transferred sphere of action to the instructions of the Federal Minister of Health. "

11. According to § 79, the following § § 79a to 79d together with the headings are inserted:

" Acts in the transferred sphere of action

§ 79a. (1) In the case of the release of provisions in accordance with Section 2a (4), the organs of the pharmacists ' chamber shall be bound by the instructions of the Federal Minister of Health.

(2) The acts in accordance with Section 2a (4) are to be submitted to the Federal Minister of Health for consideration before taking a decision and may be returned by the Federal Minister of Health for Improvement, in particular if they have existing regulations. contradict.

(3) The acts adopted in accordance with paragraph 1 are to be made known to the Austrian Pharmacists 'Chamber (Österreichische Apotheker-Zeitung) and, in so far as they do not exist, to be made known by the Austrian Pharmacists' Chamber (Österreichische Apotheker-Zeitung), with reference to the decision-making in the full later entry into force, after the end of the day of the customer's notice in force. At the same time as the customer at the official customer-making body of the Austrian Chamber of Pharmacists, the acts adopted by the Austrian Chamber of Pharmacists in the full text, including the time of customer service, are also available on the Internet (on the internet) (on the homepage of the Austrian Pharmacists ' Chamber) in general.

Supervisory law

§ 79b. (1) The pharmacists ' chamber shall be subject to the supervision of the Federal Minister of Health in its own sphere of action. The Federal Minister of Health shall be entitled to inform himself of the legality of the administrative management; at his request, the pharmacist has to provide the necessary information.

(2) Decisions of the institutions of the Chamber of Pharmacists, with the exception of the decisions of the Disciplinary Board, which violate existing provisions, shall be repealed by the Federal Minister of Health. At the request of the supervisory authority, the pharmacists ' chamber shall submit the decisions it has called for.

Legal acts in their own sphere of action

§ 79c. (1) The Chamber of Pharmacists has

1.

the Rules of Procedure

2.

the Function Fee Directive,

3.

the order of service;

4.

the system of transshipment,

5.

the professional order,

6.

the disciplinary code,

7.

the training guidelines,

8.

the training system,

9.

the guidelines on quality assurance and

10.

the annual estimates and the closure of accounts

after decision-making by the supervisory authority.

(2) The Federal Minister of Health shall repeal the file referred to in paragraph 1 (1) (1) (1) to (9) within four months of submission of the file if it contradict the provisions of this Federal Law or other legislation.

(3) The Federal Minister for Health has to approve the annual estimates and the closure of the accounts in accordance with paragraph 1 Z 10 within four months of submission, respectively. to refuse authorisation if they are contrary to the provisions of this Federal Act or other legislation.

(4) The President of the Chamber of Pharmacists may submit a prospective decision of an act pursuant to paragraph 1 (1) (1) (1) to (9) prior to the decision of the supervisory authority for consideration. The supervisory authority may withdraw the envisaged decision to improve it, in particular if this is contrary to statutory provisions.

(5) The acts adopted in accordance with paragraph 1 are to be made known to the Austrian Pharmacists 'Chamber of the Austrian Pharmacists' Chamber and to the extent that they do not enter into force at a later date, referring to the full text of the decision in the full text. , after the end of the tag of the customer, enter into force. At the same time as the customer at the official customer-making body of the Austrian Chamber of Pharmacists, the acts adopted by the Austrian Chamber of Pharmacists in the full text, including the time of customer service, are also available on the Internet (on the internet) (on the homepage of the Austrian Pharmacists ' Chamber) in general. A cancellation in accordance with paragraph 2 is also to be made available in full text in the official customer-making body of the Austrian Pharmacists ' Chamber, as well as to be published simultaneously on the Internet in general.

(6) The system of transshipment systems referred to in paragraph 1 Z 4 shall be 1. Jänner of the calendar year for which the system of transshipment is issued or the situation has been fixed, in so far as it has been made known by 30 June of the calendar year concerned at the latest.

(7) Order

1.

the other co-sitter from the pharmacist's stand at the Disciplinary Appointment Senate and its deputies (§ 58) and

2.

Disciplinary board and his deputy to the disciplinary board (§ 42)

requires the approval of the Federal Minister of Health. The approval is to be granted if the order does not contradicts this federal law.

Impeachment

§ 79d. (1) The organs of the pharmacy chamber shall be unveiled by the supervisory authority of their function if they are repeated several times

1.

Do not follow instructions (§ § 79f),

2.

exceed their powers,

3.

they neglect their duties and are accused of intent or gross negligence on the part of them or

4.

the quorum is incapable.

In the case of Z 4, the Federal Minister of Health has to appoint a government commissioner who will continue the business and immediately order new elections. The Government Commissioner is to be ordered from the circle of right-wing employees of the supervisory authority. He is an advisory board, consisting of two chamber members, to be put aside. The costs arising from the appointment of a government commissioner must be borne by the pharmacists ' chamber. "

12. In accordance with Section 81 (10), the following paragraph 11 is added:

" (11) § § 2 and 2a together with the headlines, § 10 paragraph 1 Z 3a, 4a and 4b, § 28 including the title, the amendments in § § 71, 76 and 77, § § 79 to 79d, including headlines and 81 para. 11 in the version of the Federal Law BGBl. I n ° 145/2009 will be 1. Jänner 2010 in force. "

Fischer

Faymann