144. Federal Law, amending the Medical Law 1998 (13. Medical Law-Novel)

The National Council has decided:

The Doctors Act 1998, BGBl. I n ° 169, as last amended by the Federal Law BGBl. I n ° 62/2009, shall be amended as follows:

1. In § 5a (4) and § 7 (5), first sentence, the expression "a third party" by the expression "the Austrian Academy of Doctors" replaced.

2. In § 8 (3), first sentence, the expression "a third party shall be allowed to operate, in cooperation with domestic specialist companies" by the expression "the Austrian Academy of Doctors may serve" replaced.

(3) In § 13a, the term " "§ § 9, 10, 11, 12, 12a and 13" by the expression "§ § 9, 10, 11 and 13" replaced.

4. In § 13b Z 2, the expression "§ 66 para. 2 Z 12" by the expression "§ 128a para. 5 Z 3" replaced.

5. In § 14 (1) and (2), the word shall be "are" by the expression "has the Austrian Medical Association" replaced.

6. In § 14 (6), the expression "The Austrian Medical Chamber" by the expression "The Training Commission of the Austrian Medical Association" replaced.

7. § 14 (7) deleted.

8. In § 15 (6) the expression "The Austrian Medical Association" by the expression "the President of the Austrian Medical Association" replaced.

9. § 15 (7).

10. In § 27 (10) the expression "The Austrian Medical Association" by the expression "the President of the Austrian Medical Association" replaced.

11. In § 27 (11), after the word "partial decision" the expression "the President of the Austrian Medical Association" inserted.

12. § 28 deleted.

13. In § 37 (7), second sentence, the expression "The Austrian Medical Association" by the expression "the President of the Austrian Medical Association" replaced.

14. In § 37 (11), first sentence, the expression "a third party" by the expression "the Austrian Academy of Doctors".

15. § 39 (3).

16. In § 58, the first paragraph and the sales designation are deleted. "(2)" .

17. § 59 (3) reads:

" (3) In the cases referred to in paragraph 1 (1), (2) and (5) and in the case referred to in paragraph 1 (1) (4), if the exercise of the profession has been prohibited for a period of more than three months, the President of the Austrian Medical Association shall have removed the deletion from the list of doctors , and to note with a communication that there is no entitlement to the exercise of the medical profession. In the cases referred to in paragraph 1 (1) (3) and (6), the President of the Austrian Medical Association shall carry out the deletion from the list of doctors and inform the physician of the deletion. If the originally passed defect of a condition necessary for the medical profession appears to be retrospected, the President of the Austrian Medical Association shall inform the Commission that a right to exercise the right to practise the profession of medical medical profession did not pass. "

18. § 66 together with headline reads:

" Circle of action

§ 66. The medical chambers in the federal states are called,

1.		to perceiving and promote the common professional, social and economic interests of physicians, including groups of doctors and group practices; and
2.		to ensure the maintenance of medical professional and professional vision and medical professional and professional obligations. "

19. According to § 66, the following § § 66a to 66c shall be inserted together with the headings:

" Own Impact Area

§ 66a. (1) The medical chambers in the Federal States are called upon to perform the following tasks in their own sphere of action:

1.		Conclusion and dissolution of contracts to regulate the relations of doctors with social security institutions (associations), care and health care,
2.		Conclusion of collective agreements as the legal representation of the interests of doctors on the employer's side vis-à-vis non-medical workers in accordance with § 83 (1) in conjunction with § 84 para. 4 Z 1,
3.		Review of the remuneration for medical services, including the fees agreed in service contracts, and the reimbursement of opinions on the appropriateness of a requested remuneration for courts or administrative authorities,
4.		To provide information on the health and social legislation governing medical practice,
5.		Establishment of collegial factions as well as the implementation of collegial settlement procedures,
6.		Establishment of patient skeedeers,
7.		supply and support of the chamber members of the doctors ' chambers in the federal states and their survivors by establishing and operating welfare funds,
8.		Establishment and operation of economic institutions,
9.		the posting of representatives in and reimbursement of proposals for the appointment of other bodies and bodies at the invitation, or provided that such proposals are provided for by the relevant provisions,
10.		Reimbursement of opinions pursuant to Section 20 (2) of the AuslBG,
11.		the reimbursement of reports, opinions and proposals to public authorities concerning the health sector and any other matter affecting the interests of the medical profession,
12.		participation in the production of official health statistics,
13.		Participation in the facilities of the Austrian medical universities and other domestic higher education institutions for medical education and training,
14.		Appraisal of draft laws and regulations pursuant to § 66c,
15.		Reimbursement of a written annual report to the locally competent government by 31 March of the calendar year following the reference year,
16.		Publication of an official publication organ of the professional association for information on the professional, legal and political developments relevant to the profession, in any case by establishing and operating a homepage on the Internet, , in particular for the universally accessible regulation of regulations,
17.		Quality assurance of medical training, including the support of the Austrian Medical Association, in particular through the organisation and implementation of training events, including further training events on pharmaceutical economy together with statutory health insurance institutions, as well as
18.		Quality assurance of the medical profession through the implementation of country-specific quality assurance measures, insofar as these are located in the overriding interest of the doctors in the respective federal state.

(2) In its own sphere of action, the medical chambers in the Federal States are responsible for the release, in particular of subsequent regulations and other general decisions:

1.		Statutes,
2.		Statute of the Welfare Fund,
3.		Rules of Procedure
4.		Circulation Regulations,
5.		contribution order of the welfare fund,
6.		Diets, travel fees and expenses compensation rules,
7.		Recommendation on the appropriate remuneration of private medical services, in so far as there is no such recommendation issued by the Austrian Medical Association (Bundesunitary Recommendation)
8.		Annual estimates and
9.		Clearance of accounts.

Procedural law and data protection

§ 66b. (1) The Medical Chambers have the General Administrative Procedure Act 1991 (AVG), BGBl, in the performance of official tasks. No 51.

(2) The medical chambers are within the meaning of the Data Protection Act 2000 (DSG 2000), BGBl. I No 165/1999,

1.		Identification and processing of personal and personal occupational data of physicians and of personal data of any claimant or beneficiary from the welfare fund, as well as
2.		Transmission of public data from the medical list and from doctors to the publication of data
authorized.

(3) Without prejudice to paragraph 2, the Medical Chambers shall be entitled to submit data within the meaning of the DSG 2000 to the following extent:

1.		the data necessary for the implementation of the contributions to the welfare fund contributions and the chamber submissions of the monthly reference to social insurance institutions, hospital care institutions and employers of employed physicians,
2.		to the social security institution of the commercial economy, the data of doctors in the medical list, including changes and relevant information on the activities and income for the implementation of social security.

(4) The disclosure of data The recipient of paragraph 3 is prohibited.

(5) The medical chambers may also transmit information to their chamber members by way of electronic mail. Mass consignments to their chamber members, which serve to fulfil the statutory tasks of the medical chambers, do not require the consent of the recipients according to § 107 Telecommunication Act 2003 (TKG 2003), BGBl. I No 70/2003.

Review rights

§ 66c. Draft laws and regulations affecting the interests of which the chambers of doctors are to be represented shall be submitted to them for review, with a reasonable period of time being granted. "

Article 67 (3) is deleted.

21. In § 70 (3) the expression "§ 66 and" by the expression "§ § 66 and 66a as well as" replaced.

Section 70 (5) reads as follows:

"(5) Each member of the chamber shall be entitled to an issue of a medical certificate."

Section 70 (5) is added to the following paragraph 6:

" (6) Each ordinary chamber member is entitled, by way of his State Medical Association, to inspect the statutes, rules of procedure and contributions regulations and contributions regulations issued by the Austrian Medical Association, as well as in the Austrian Medical Association's To take the annual estimates and clearance of accounts approved or to obtain copies against cost replacement. "

24. In the introduction sentence of § 80b, the expression "The enlarged General Assembly shall be incumbable" by the expression "The enlarged General Assembly is in its own sphere of action" replaced.

25. In § 81 (6) the expression "§ 66" by the expression "§ § 66 and 66a" replaced.

26. In § 82, the sales denomination "(1)" and paragraphs 2 to 4. Furthermore, § 82 shall be published in accordance with the Word "matters" of the expression ", the board of directors in particular also for country-specific questions of education, further education and further education as well as quality assurance," inserted.

27. In § 84 para. 4 Z 1 the expression "(§ 66 (2) (11))" by the expression "(§ 66a (1) (2))" replaced.

28. § 84 (4) Z 5 reads:

" 5.		Decision on the recommendation on the appropriate remuneration of private medical services, "

29. In § 90 (1), second sentence, the expression "Administrative preparation and implementation of acts" by the expression "Support" replaced.

30. In § 113 (1), first sentence, the expression "Administrative preparation and implementation of its acts" by the expression "Support" replaced.

31. According to § 117, the following § § 117a to 117e shall be inserted together with the headings:

" Circle of action

§ 117a. (1) The Austrian Medical Association is appointed

1.		to obtain all matters relating to the common professional, social and economic interests of the members of the chamber of two or more chambers of doctors,
2.		To set legal acts for chamber members of the doctors ' chambers in the federal states beyond the scope of the medical chambers in the federal states, and
3.		to ensure that the professional and professional medical profession and the medical professional and professional obligations are observed.

(2) The sphere of activity referred to in paragraph 1 is divided into its own and a transferred sphere of action.

Own impact area

§ 117b. (1) The Austrian Medical Association is called to carry out the following tasks in its own sphere of action in particular:

1.		Conclusion and dissolution of contracts to regulate the relations of doctors with social security institutions (associations), care and health care, provided that the doctors are affected by two or more chambers of doctors,
2.		Conclusion of collective agreements as a legal representation of the interests of doctors on the employer's side vis-à-vis non-medical workers in accordance with § 125 (1) in conjunction with § 126 (4) (1),
3.		Review of the remuneration for medical services, including the remuneration agreed in service contracts, and the reimbursement of opinions on the appropriateness of a requested remuneration for courts or administrative authorities, provided that: by the doctors of two or more medical chambers,
4.		To ensure the provision of information on the health and social legislation governing the exercise of medical practice,
5.		Coordination of existing patient arbitration bodies,
6.		Establishment and operation of economic institutions,
7.		Establishment of a Solidarity Fund,
8.		the posting of representatives in the interest of the entire Austrian medical profession in and reimbursement of proposals for the appointment of other bodies and bodies at the invitation, or provided that such proposals are provided for by the relevant provisions,
9.		Representation of the Austrian medical profession vis-à-vis foreign medical professional organisations and companies as well as relevant international bodies,
10.		Reimbursement of reports, opinions and proposals to public authorities concerning the health care system and any other matters affecting the interests of the Austrian medical profession,
11.		participation in the production of official health statistics,
12.		Participation in the facilities of the Austrian medical universities and other domestic higher education institutions for medical education and training,
13.		Assessment of draft laws and regulations in accordance with § 117e ,
14.		Refund of a written annual report to the Federal Minister for Health to the Federal Ministry of Health 31 March of the calendar year following the reference year,
15.		Publication of an official publication organ of the professional association for information on the professional, legal and political developments relevant to the profession, in any case by establishing and operating a homepage on the Internet, , in particular for the universally accessible regulation of regulations,
16.		Guided tour of the doctors 'lists with regard to the chamber members of the doctors' chambers in the federal states,
17.		Implementation of procedures concerning teaching practices and teaching group practices according to § § 12 and 12a,
18.		Implementation of procedures for entry in the list of doctors and discharge from the list of doctors, with the exception of proceedings pursuant to Sections 32, 33 and 35, including the
a)			Issuance of confirmations related thereto, in particular the medical certificates and
b)			obtaining administrative matters in accordance with Directive 2005 /36/EC, including obtaining the necessary information in the context of administrative cooperation and issuing the necessary confirmations,
19.		Conduct of procedures for the examination of equivalence of medical qualification, except in connection with procedures in accordance with § § 32 and 33,
20.		Exhibition of diplomas on the successful completion of a practical training as a physician for general medicine, to the specialist doctor or in an additive compartment,
21.		Quality assurance of continuing education and training, in particular by
a)			Accreditation of training organisers,
b)			Approbation of training events,
c)			Organization and implementation of training events, including training courses on the pharmaceutical economy, together with statutory health insurance institutions, as well as
d)			Establishment, organisation and implementation of structured training courses;
		The Austrian Medical Association can also serve the Austrian Academy of Doctors,
22.		Quality assurance of the medical profession through the implementation of quality assurance measures, insofar as these are in the overriding interest of doctors (evaluation in accordance with § 49 (2a)) and
23.		Disciplinary proceedings against breaches of medical professional duties and the impairment of medical profession by doctors, including the management of a disciplinary register, in which any disciplinary penalty in force the data of the physician concerned and the data of the convicted recognition shall be entered.

(2) In its own sphere of action, the Austrian Medical Association shall be responsible for the release, in particular, of subsequent regulations and other general decisions:

1.		Statutes,
2.		Rules of Procedure
3.		The Regulation on the conversion and contributions of contributions,
4.		Regulation on the Solidarity Fund (§ 118),
5.		Regulation on the aptitude test in accordance with § 5a,
6.		Ordinance on the examination of the doctor for general medical practice (§ 7 para. 5) and the specialist examination (§ 8 para. 3),
7.		Ordinance on the collection of a processing fee (§ 13b) for matters pursuant to § § 12, 12a, 15 (2), (3) and (4), § 30 (2), § 39 (2) and § 40 (7) as well as for the matters pursuant to § § 14, 27 (11) and § 30 (2), but in each case not in respect of persons with permits pursuant to § § 32, 33 or 35,
8.		Medical-list regulation (§ 29 para. 3), but not with regard to persons with permits pursuant to § § 32, 33 or 35 and service provider according to § 37,
9.		Regulation on the design of the medical profession, in particular with regard to:
a)			Medical training (§ 49) and further training,
b)			the nature and form of authorised medical information in the public sphere (Article 53 (4));
c)			hygienic requirements of ordination sites and group practices (§ 56 (1) (1)), provided that there are no regulations in federal law,
d)			Guidance of medical signage (§ 56 para. 4),
e)			Lehr (groups) praxenleadership and
f)			Cooperation with the pharmaceutical and medical product industry,
10.		Recommendation on the adequate remuneration of private medical services,
11.		Regulation on clearings,
12.		Diets, travel fees and expenses compensation rules,
13.		Annual estimates and
14.		Clearance of accounts.

Transmitted impact area

§ 117c. (1) The Austrian Medical Association shall carry out the following tasks in the transferred sphere of activity:

1.		Implementation of procedures relating to medical training centres and teaching laboratories in accordance with § § 9, 10, 11, and 13,
2.		Conduct of proceedings in accordance with § § 32, 33 and 35 including the procedures for registration in and discharge from the medical list, the related guidance of the medical list and the other related errands of administrative matters,
3.		To carry out procedures to test the equivalence of the medical qualification of persons who wish to obtain an authorization pursuant to § § 32 or 33,
4.		Obtaining administrative matters in connection with the provision of medical services in accordance with § 37, including registration in the list of doctors, and discharge from the list of doctors pursuant to § 37 (9),
5.		Quality assurance of professional medical practice with regard to overriding public interests, except in the area of training, in particular through the establishment of a quality assurance society (Austrian Society for Quality Assurance) Quality assurance & quality management in medicine GmbH) for the development and implementation of quality assurance measures.

(2) In the transferred sphere of activity, the Austrian Medical Association shall be responsible for the release of the following Regulations:

1.		Regulation on the collection of a processing fee (§ 13b) for matters pursuant to § § 9 to 11, 13, 32, 33, 35 and 37 and beyond for the matters pursuant to § 27 (11) and § 30 (2), in each case with regard to persons with permits in accordance with § § 32, 33 or 35,
2.		Regulation on the knowledge, experience and skills required for the training subjects in the training of the general practitioner, for the main subjects of the special subjects and for the Additives subjects, and on the further development of the Minor subjects of the special subjects (§ 24 para. 2),
3.		Regulation on the Teaching And Learning Target Catalogue (§ 25),
4.		Regulation on the design and form, including the introduction of training books as integrative components of the grid certificates and on the design of the certificates of examination (§ 26),
5.		Medical-list regulation (§ 29 para. 3) with regard to persons with permits pursuant to § § 32, 33 or 35 and service providers according to § 37,
6.		Regulation on the aptitude test in accordance with § 37 (11),
7.		Regulation on the design of medical professional duties, in particular the obligation to enlightenment and documentation,
8.		Regulation on medical examinations e quality assurance (§ 118c) as well as
9.		Regulation on the Visitations (§ 128a Para. 5 Z 3).

Procedural law and data protection

§ 117d. (1) The Austrian Medical Association shall apply the AVG in the course of the exercise of official functions.

(2) The Austrian Medical Association shall be available for the purposes of the DSG 2000

1.		Identification and processing of personal and personal occupational data of physicians and of personal data of any claimant or beneficiary from the welfare fund, as well as
2.		Transmission of public data from the medical list and from doctors to the publication of data
authorized.

(3) Without prejudice to paragraph 2, the Austrian Medical Association shall be entitled to submit data within the meaning of the DSG 2000 to the following extent:

1.		the data necessary for the implementation of the contributions to the welfare fund contributions and the chamber submissions of the monthly reference to social insurance institutions, hospital care institutions and employers of employed physicians,
2.		to the social security institution of the commercial economy, the data of doctors in the medical list, including changes and relevant information on the activities and income for the implementation of social security.

(4) The transmission of data by recipients in accordance with paragraph 3 is prohibited.

(5) The Austrian Medical Association may also submit information to its chamber members and to the chamber members of the medical chambers in the Federal States by way of electronic mail. Mass consignments to these persons, which serve to fulfil the legal duties of the Austrian Medical Association, do not require the consent of the recipients according to § 107 TKG 2003.

Review rights

§ 117e. (1) Draft law and regulations affecting interests which the Austrian Medical Association has to represent shall be submitted to the Austrian Medical Association for the purpose of assessing the interests of the Austrian Medical Association.

(2) The Austrian Medical Association shall be informed of any project relating to law-making within the framework of the European Union, which shall affect the interests of which the Austrian Medical Association is to be represented. In particular, it shall be able to give an opinion on draft regulations, directives or recommendations of the European Union within a reasonable period of time. "

32. § 118 together with the headline is:

" Solidarity Fund

§ 118. (1) The Austrian Medical Association shall have the purpose of providing financial support and relief to patients who have been subject to culpable unlawful medical action by doctors who are freelance professionals, including members of group practices. have suffered damage and for which there is no prospect of obtaining, in an appropriate period, any other appropriate compensation, in particular from the professional indemnity insurance of the physician, to establish a Solidarity Fund.

(2) If the Austrian Medical Association has provided benefits from the Solidarity Fund and if, on the basis of the damage suffered, the patient is entitled to claims for damages against a third party, such claims shall go up to the level of the Austrian Medical Association. Doctors ' Chamber on the Austrian Medical Association's growing effort.

(3) For more information, the Austrian Medical Association must regulate in the statutes or in a separate ordinance, in which it is also to be determined that, for prior to the entry into force of the Federal Law BGBl. I n ° 122/2006 suffered losses from the Solidarity Fund. "

33. § 118a (4), second sentence reads:

"Then a control of the defect is to be carried out."

34. § 118c (1) last sentence reads:

"The Regulation shall be adjusted regularly, if necessary before the end of the five-year period of validity, to meet the requirements referred to above."

35. § 118c (2).

36. § 122 Z 6 reads:

" 6.		Decision-making on the regulations pursuant to § 117 (2) (4) to (11) and § 117c (2) (2) (1) to (9), "

37. In § 123 (3), first sentence, the expression "§ 118" shall be replaced by the term "§ § 117b and 117c".

38. § 125 (4) second sentence reads:

"He decides with communication as the first and last instance in the proceedings pursuant to § 15 (6), § 27 (10) and (11) as well as § 59 (3)."

39. In § 126 (4) Z 1 the expression "(Section 118 (2) (18))" by the expression "(§ 117b (1) (2))" replaced.

40. § 126 (4) Z 5 reads:

" 5.		Decision on the recommendation on the appropriate remuneration of private medical services (§ 117b (2) (10)), "

41. § 128a together with the headline is:

" Training Commission

§ 128a. (1) The Training Commission consists of eleven members appointed by the Board of the Austrian Medical Association, with two members being appointed to the Board of Directors of the Austrian Medical Association. A medical chamber and a member of the doctors ' chambers established in the federal states . The medical chambers in the federal states are entitled to an order for the appointment of a member. For the duration of the term of office of the General Assembly, the Training Commission shall elect the Chairperson and his deputy in separate ballots by a simple majority of the valid votes cast. In accordance with paragraph 7 of the Rules of Procedure, the Austrian Medical Association shall be required to lay down more detailed rules.

(2) The Chairman shall convene the meetings of the Training Commission, to set the agenda and to chair the meetings. In the case of the prevention of the Chairperson and the Vice-President, the oldest Member of the Training Commission shall, for the duration of the prevention, enter into the function of the Chairman.

(3) The President of the Austrian Medical Association and the Chairman of the Education Committee shall be entitled to participate in the meetings of the Training Commission and to submit applications.

(4) The training commission shall be quorum if at least seven members are present. Each member shall have one vote. The decisions of the Training Commission shall require the two-thirds majority of the valid votes cast. A separate vote shall be taken on each request.

(5) The Training Commission shall be responsible for:

1.		the decision in proceedings pursuant to Sections 12, 12a, 14 and 39 (2) as the first and last instance,
2.		the decision in proceedings pursuant to § § 9 to 11, 13, 32 to 35 as the first instance,
3.		the verification of the quality of the training of doctors in recognised training centres and the training of occupational physicians in accordance with § 38 in recognised training courses on the spot (Visitation), with the support of the training courses according to § § 38 82 consultative committees established, and with the assistance of competent persons,
4.		the response to individual requests submitted to the Training Commission, provided that they have a meaning beyond the individual case, and
5.		the reimbursement of reports and proposals to other institutions of the Austrian Medical Association and the medical chambers in the federal states.

(6) For the purpose of visitation, the competent persons appointed by the Austrian Medical Association for the training of physicians and occupational physicians according to § 38 shall have the persons authorized by the Austrian Medical Association.

1.		To allow access,
2.		in all documents relating to the training of doctors, and
3.		all necessary To provide information.

(7) The Austrian Medical Association shall lay down detailed rules on the structure and tasks of the Training Commission in the Rules of Procedure. "

42. In § 186, the first sentence, the expression "§ 118 (6)" by the expression "§ 117b para. 1 Z 23" replaced.

43. § 195 with headline reads:

" General supervision of the doctors ' chambers in the federal states

§ 195. (1) The doctors ' chambers in the federal states are subject to the supervision of the local government.

(2) The medical chambers in the Federal States shall be obliged to provide the supervisory authority with the information necessary for the performance of the supervisory authority.

(3) In individual cases, the Supervisory Authority may request decisions taken by the Medical Association in the Federal States for submission. The medical chambers in the federal states are obliged to submit these decisions to the supervisory authority.

(4) The Supervisory Authority shall repeal the decisions referred to in paragraph 3 above, provided that it infringes existing provisions. § 195a is to be applied for the repeal of decisions on regulations.

(5) The doctors ' chambers in the Länder shall have the repeal in accordance with paragraph 4 immediately accessible on their homepage and permanently accessible on their homepage. "

44. According to § 195, the following § § 195a to 195h together with the headings are inserted:

" Regulations of the Medical Chambers in the Federal States

§ 195a. (1) The chambers of doctors in the Federal States have, in the case of regulations with a view to the legal language, legal technology and formal design of regulations, existing principles of the local government in charge of local government. consideration.

(2) The medical chambers in the federal states have to make regulations available on their homepage without delay on their homepage and permanently to make them available.

(3) Regulations shall enter into force on the Internet at the end of the day of release on the Internet, provided they do not provide for any other entry into force.

(4) The circulation order and changes in the system of circulation may already be made by the medical chambers in the federal states with regard to the associated contribution and performance obligations with 1. Jänner of the calendar year for which the scheme has been adopted shall be put into effect.

(5) The contribution order and the statutes of the welfare fund, as well as amendments to these regulations, may be retroactively put into effect in view of the associated contribution and performance obligations, the date of the Entry into force not before 1. May be the third of the previous calendar year.

(6) The medical chambers in the federal states shall submit all decisions taken on the regulations of the supervisory authority.

(7) The supervisory authority shall repeal the regulation submitted, provided that it violates the provisions of this Federal Act or other statutory provisions.

(8) If only individual provisions of the Regulation are unlawful and the enforceability of the Regulation is ensured in spite of the absence of these unlawful provisions, the Supervisory authority in place of the repeal of the regulation, a sub-survey relating to these individual legislative provisions.

(9) The repeal of the Regulation shall result in the expiry of the Regulation at the time of the expiry of the Regulation their repeal. The repeal of the provisions of the Regulation will result in the expiry of the provisions of this Regulation at the time of its repeal.

(10) The medical chambers in the Federal States have the lifting or partial lifting immediately available on the Internet on their homepage in general accessible and permanently accessible.

Dismissal of the organs of the doctors ' chambers in the federal states

§ 195b. (1) When organs of the medical chamber

1.		powers, or
2.		Neglect tasks, or
3.		Quorum
and the Medical Association does not itself take the necessary measures within the scope of the legal possibilities, the locally competent national government shall have to contain these organs of their office, provided that they are accused of intent or gross negligence, and No other means of producing the necessary condition can be obtained from the local government.

(2) In the event of an impeachment due to a quorum in accordance with paragraph 1, Z 3, the locally competent national government for the Medical Chamber shall appoint a government commissioner who shall continue the business and immediately order new elections. The government commissioner must be ordered from the district of the staff of the local government. A two-member advisory board from the group of members of the chamber is to be put to the side. The costs arising from the appointment of a government commissioner to a federal state must be borne by the medical chamber.

General supervision of the Austrian Medical Association

§ 195c. (1) The Austrian Medical Association is subject to the supervision of the Federal Minister of Health in its own sphere of action.

(2) The Austrian Medical Association shall be obliged to provide the Federal Minister of Health with the information necessary for the performance of the supervisor.

(3) The Federal Minister of Health may request decisions taken by the Austrian Medical Association on a case-by-case basis. The Austrian Medical Association is obliged to submit these decisions to the Federal Minister for Health.

(4) The Federal Minister of Health shall repeal the decisions referred to in paragraph 3 in so far as they are in breach of existing rules. § 195d is to be applied for the repeal of decisions on regulations.

Regulations within the scope of the Austrian Medical Association's own sphere of action

§ 195d. (1) The Austrian Medical Association has the principles of the manual of the Federal Chancellery issued by the Federal Chancellery for the purpose of obtaining regulations in its own sphere of action with regard to the legal language, legal technology and formal design. Right-setting technology should be considered.

(2) The Austrian Medical Association shall, without delay, make regulations available on the Internet on its homepage in general and in a permanent way.

(3) Regulations shall enter into force on the Internet at the end of the day of release on the Internet, provided they do not provide for any other entry into force.

(4) The transfer and contribution regulations as well as changes in the system of contributions and contributions may already be made by the Austrian Medical Association with regard to the associated contribution and performance obligations with 1. Jänner of the calendar year for which the scheme has been adopted shall be put into effect.

(5) The Austrian Medical Association shall submit all the decisions taken on regulations to the Federal Minister of Health.

(6) The Federal Minister of Health has to repeal the regulation submitted, provided that it violates the provisions of this Federal Law or other statutory provisions.

(7) If only individual provisions of a regulation are unlawful and the enforceability of the Regulation is guaranteed in spite of the absence of these unlawful provisions, the Federal Minister for Health in place of the repeal of the regulation, a sub-survey relating to these individual legislative provisions.

(8) The repeal of the Regulation shall result in the expiry of the Regulation at the time of the expiry of the Regulation their repeal. The repeal of the provisions of the Regulation will result in the expiry of the provisions of this Regulation at the time of its repeal.

(9) The Austrian Medical Association shall immediately make the cancellation or partial lift available on the Internet on its homepage generally accessible and permanently accessible.

Approval of disciplinary orders

§ 195e. The approval of the Federal Minister of Health requires the appointment

1.		the two medical members of the Disciplinary Commission and their alternates (Section 140 (3)),
2.		the disciplinary board and his/her deputies at the disciplinary board (§ 141) and
3.		the two other advisers from the state of the doctors at the disciplinary arsenal and their deputisers (§ 180 para. 1).
The Federal Minister of Health has the permission to grant, if the order does not contradicts this federal law.

Right of instructions to the Austrian Medical Association

§ 195f. (1) The Austrian Medical Association and third parties serving the Austrian Medical Association for the performance of tasks are in the transferred sphere of action in the enforcement of the affairs, including the release of regulations to the Instructions from the Federal Minister of Health.

(2) The annulment of illegal decisions is the responsibility of the Federal Minister for Health.

Regulations in the transferred scope of action of the Austrian Medical Association

§ 195g. (1) The Austrian Medical Association has the principles of the handbook issued by the Federal Chancellery in respect of the legal language, the legal process and the formal design of the regulations in the area of action transferred. to take account of the legislative technique.

(2) The Austrian Medical Association shall, if necessary, have all draft regulations

1.		subject to a review procedure, with the appropriate assessment bodies to be determined by the Federal Minister for Health,
2.		to carry out a detailed evaluation of the opinion opinions within the framework of a synopsis; and
3.		together with the evaluation in accordance with Z 2, to submit to the Federal Minister of Health, in good time before the decision is taken, that the Federal Minister for Health can withdraw the drafts for improvement, in particular if they are in breach of existing rules.

(3) The Austrian Medical Association shall, without delay, make regulations available on the Internet on its homepage generally accessible and permanently, as long as not according to a regulation in accordance with § 4 (3) of the German Federal Law Gazette Act (BGBlG), BGBl. I n ° 100/2003, which has to be published in the Federal Law Gazans II.

(4) The Federal Minister of Health may determine a period of time for the authorisation of a regulation in accordance with paragraph 1. If this period is not met by the Austrian Medical Association, the responsibility for the authorisation of this Regulation shall be transferred to the Federal Minister for Health. As soon as the Austrian Medical Chamber has issued the regulation, the Federal Minister of Health's Regulation will be repeal.

Impeachment of the organs of the Austrian Medical Association

§ 195h. (1) When organs of the Austrian Medical Association in their own or transferred scope of action

1.		in particular by the persistent non-observance of instructions in the sphere of action transferred, or
2.		Neglect tasks, or
3.		Quorum
and the Austrian Medical Association does not itself take the necessary measures within the scope of the legal possibilities, the Federal Minister of Health has to contain these organs of their office, provided that they are accused of intent or gross negligence on the part of the Austrian Medical Association. , and no other means of producing the necessary condition can be obtained by the Federal Minister of Health.

(2) In the event of an impeachment due to a quorum in accordance with paragraph 1, Z 3, the Federal Minister of Health for the Austrian Medical Association shall appoint a government commissioner who shall continue the business and immediately re-election shall be ordered. The government commissioner is to be ordered from the circle of staff of the Federal Ministry of Health. He is a two-member advisory board from the circle of the organ walters of the Austrian Medical Association. The costs arising from the appointment of a government commissioner to the federal government must be borne by the Austrian Medical Association. "

45. In § 228 the term " ", unless otherwise determined by paragraph 2," .

46. § 228 is added to the following § 229, together with the heading:

" Transitional and entry into force-provisions on 13. Medical Law-Novel

§ 229. (1) This federal law shall enter into force 1. January 2010 shall be in force and, unless otherwise specified in subparagraphs 2 and 3, shall apply to facts which occur after 31 December 2009.

(2) The provisions of the Medical Act 1998 in the version of the Federal Law BGBl. I No 62/2009 shall apply to:

1.		Decisions in first and second instance proceedings pursuant to Sections 9 to 13a, § 14 (6) and (7), § 15 (6) and (7), § 27 (10) and (11), § § 28, 32 to 35a, 39 (2) and (3) and § 59 (3), which are pending at the end of the 31 December 2009,
2.		Decisions in second-instance proceedings against first-instance decisions in proceedings pursuant to Z 1, which are pending at the end of 31 December 2009,
3.		Decisions concerning the decisions of the doctors ' chambers in the federal states and the Austrian Medical Association, which will be taken before the end of 31 December 2009.

(3) The Federal Law Gazette (BGBl) pursuant to § 82 (2) of the Federal Law of the European Union. In accordance with § 82 of the Federal Law of the Federal Republic of Germany (Bundesgesetz BGBl), the training commissions set up by the German Federal Law Office (BGBl) are valid until the end of the period of operation of 31 December 2009 as advisory committees I No 144/2009.

(4) The Austrian Medical Association has before the 1. January 2010 to be adopted by 31 December 2014 at the latest. "

Fischer

Faymann