62. Federal Act, which amended the Medical Law in 1998 (12). 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 ° 57/2008 and the Federal Ministries of the Federal Ministries of Law 2009, BGBl. I n ° 3/2009, shall be amended as follows:

1. In accordance with § 3, the following § 3a together with the heading is inserted:

" Implementation of Community law

§ 3a. Through this federal law,

1.		Directive 2005 /36/EC on the recognition of professional qualifications, OJ L 327, 30.4.2005, p. No. L 255 of 30.09.2005 p. 22, as last amended by Regulation (EC) No 755/2008, OJ L 327, 31.12.2008, p. No. OJ L 205, 01.08.2008 p. 10,
2.		the Agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other part, on the free movement of persons, OJ No. OJ L 114 of 30.04.2002 p. 6, BGBl. III. No 133/2002, as last amended by Decision No 1/2006 (2006/652/EC) of the EU-Switzerland Joint Committee of 06.07.2006 amending Annex II (Social security) to the Agreement between the European Community and its Member States, on the one hand, and the Swiss Confederation, on the other, on freedom of movement, OJ No. OJ L 270, 29.09.2006 p. 67,
3.		Directive 2003 /109/EC on the legal status of third-country nationals who are long-term residents, OJ L 327, 31.12.2003, p. No. OJ L 16, 23.01.2004 p. 44,
4.		Directive 2004 /38/EC on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States, amending Regulation (EEC) No 1612/68 and repealing Directives 64 /221/EEC, 68 /360/EEC, 72 /194/EEC, 73 /148/EEC, 75 /34/EEC, 75 /35/EEC, 90 /364/EEC and 93 /96/EEC, OJ L 206, 22.7.1992, p. No. OJ L 158 of 30.04.2004 p. 77, as amended, OJ L 327, 28.11.2004, p. No. OJ L 204, 04.08.2007 p. 28, and
5.		Directive 2004 /83/EC on minimum standards for the qualification and status of third-country nationals or stateless persons as refugees or as persons who otherwise need international protection and on the content of the Protection, OJ. No. OJ L 304, 30.09.2004 p. 12,
to be transposed into Austrian law. "

2. § 4 together with the title is:

" Requirements for the profession of profession

§ 4. (1) For the self-employed exercise of the medical profession as an approved doctor, as a physician for general medicine or as a specialist physician, it is necessary, without prejudice to § § 32 to 35, 36, 36a and 37, to provide proof of the fulfillment of the following general and special requirements and registration in the medical list.

(2) General requirements within the meaning of paragraph 1 are:

1.		the Austrian nationality or the nationality of another EEA Contracting State or of the Swiss Confederation or the property as a third country national, as equivalent, in accordance with § 5b,
2.		self-entitlement,
3.		the degree of trustworthiness required for the fulfilment of professional duties;
4.		the health suitability necessary for the fulfilment of the professional duties, and
5.		sufficient knowledge of the German language.

(3) Special requirements within the meaning of paragraph 1 are:

1.		with regard to basic training:
a)			a doctoral degree of the entire medical certificate or an equivalent academic degree, acquired abroad and nostried in Austria as a doctoral student of the entire medicine, at a university in the Republic of Austria; or
b)			in addition to lit. a a certificate of qualification for the exercise of the dental profession according to the provisions of the Dental Act (ZÄG), BGBl. I n ° 126/2005, in the case of a sought-after professional qualification as a specialist for oral, maxillofacial and facial surgery;
2.		with regard to training as a doctor for general medicine or to the specialist doctor:
a)			a diploma issued by the Austrian Medical Association pursuant to § 15 (1) of the special education in general medicine or specialist diplomas issued by the Austrian Medical Association, and in the case of a desired professional qualification as a specialist for oral, jaw and/or jaw Facial surgery is the requirement of Z 1 lit. b must be fulfilled at the latest at the time of entry to the specialist medical examination, or
b)			a corresponding practical training as equivalent in accordance with § 14 to the general practitioner or specialist doctor; and an equivalent or additionally completed examination according to § 14 of the doctor for general medical practice or specialist examination;
3.		in place of the corresponding evidence in accordance with Z 1 and 2, an appropriate professional qualification according to § 5 or § 5a.

(4) In order to exercise the medical profession in an independent manner as a gymnastic practitioner in training as a physician in general medicine or as a specialist physician, proof of compliance is required.

1.		the general requirements referred to in paragraph 2 and
2.		of the special requirement
a)			a doctorate obtained at a university in the Republic of Austria of the entire medicine or an equivalent academic degree acquired abroad and nostriped in Austria as a doctoral candidate of the entire medicine, or
b)			of a professional qualification § 5 Z 1 o pursuant to Section 5a and
3.		the entry in the medical list.

(5) If the submission of individual evidence with regard to special requirements by persons according to § 5b Z 3 is not possible, the obligation to submit a presentation shall be subject to the requirement that the applicant be credibly made within a reasonable period of time. is that

1.		the evidence in question cannot be provided; and
2.		the other evidence submitted is sufficient for a decision. "

3. § 5 together with the title is:

" Automatic Recognition of EEA Professional Qualifications

§ 5. The following professional qualifications issued to a national of an EEA Contracting State or of the Swiss Confederation, as well as persons in accordance with § 5b, shall be considered as medical professional qualifications in accordance with the provisions of the Directive 2005 /36/EC automatically recognises:

1.		For obtaining a professional qualification as an approved doctor or as a gymnastics specialist:
a)			a medical certificate for the basic medical training referred to in Annex V, point 5.1.1. of Directive 2005 /36/EC, or
b)			a medical certificate of formal qualifications, including a certificate corresponding to the desired professional qualification as an approved doctor, in accordance with Article 23 of Directive 2005 /36/EC.
2.		In order to obtain a professional qualification as a general practitioner:
a)			a certificate of training for the general practitor as referred to in Annex V, point 5.1.4. of Directive 2005 /36/EC, or
b)			a medical certificate of formal qualifications, including a certificate corresponding to the intended professional qualification as a general practitioner in accordance with Article 30 d Directive 2005 /36/EC
3.		In order to obtain the professional qualification as a specialist:
a)			a training certificate for the specialist in accordance with Annex V, point 5.1.2. of Directive 2005 /36/EC f An existing in Austria R Special subject in accordance with Annex V, point 5.1.3. of Directive 2005 /36/EC, or
b)			a medical certificate of formal qualifications, including a professional qualification for the purpose of professional qualification For a special subject in Austria the corresponding certificate referred to in Article 23 or Article 27 (1) or (2) of Directive 2005 /36/EC. "

(4) § 5a together with the headline reads:

" Non-automatic recognition of EEA professional qualifications and third country diplomas

§ 5a. (1) The following professional qualifications issued to a national of an EEA Contracting State or of the Swiss Confederation as well as persons according to § 5b and, if necessary, by the proof of the successful completion of the Examination of the aptitude test in accordance with paragraph 2 has been completed, according to the provisions of Directive 2005 /36/EC as professional medical qualifications for obtaining professional qualifications as an approved doctor, doctor for general medical practice, specialist or gymnastics specialist to acknowledge:

1.		Either a medical certificate of training acquired in an EEA State Party or the Swiss Confederation which does not fully meet the training requirements laid down in Articles 24, 25 or 28 of Directive 2005 /36/EC and which does not comply with the requirements of the Applicants must not be able to demonstrate the minimum of three years ' professional experience required for automatic recognition (Article 10 lit. (b) Directive 2005 /36/EC) or
2.		a medical certificate for specialisation acquired in an EEA State Party or by the Swiss Confederation for the purpose of acquiring one of the names listed in Annex V, point 5.1.1 after the basic medical training Subject to the condition that recognition is sought for a special subject of medicine in Austria (Article 10 lit. (d) Directive 2005 /36/EC), and
3.		if necessary, under the conditions laid down in paragraph 2, in addition to the proof of training in accordance with Z 1 or 2, as a compensatory measure, proof of the successfully completed aptitude test.

(2) The Austrian Medical Tecamme r has to attach to the condition of successful completion of an aptitude test in the context of the procedure for entry in the medical list in accordance with § 27, if: Education and training (further training)

1.		with regard to the desired professional qualification as a general practitioner or as a specialist doctor substantially from the Austrian training to the doctor of general medicine or to the specialist in the special subject concerned or
2.		with regard to the desired professional qualification as an approved doctor, substantially from the basis of the comparative basis laid down in the regulation in accordance with § 6 Z 2
, and the main difference according to Z 1 or 2 is not compensated by taking into account the knowledge, experience and skills acquired in the course of previous work experience.

(3) An essential training Farewell according to paragraph 2 with regard to the desired professional qualification as a physician in general medicine or as a specialist doctor b) if the qualification or training certificate proves to be the completion of a training course (further training),

1.		the duration of which is at least one year under the duration of the relevant medical training laid down in the Regulation in accordance with Article 24 (1), and in the case of a relevant determination of the training commission in accordance with Section 14 (3) or (4), the the shortened training period for which a professional authorisation has been established is relevant, or
2.		the subjects of which have significant deviations with regard to the duration or content of the relevant medical training in accordance with the Regulations referred to in Article 24 (1) and (2), and the knowledge, experience and experience acquired in these subjects. Skills a wesis Professional prerequisite for a conscientious exercise of the desired profession as a physician in general medicine or as a specialist doctor d arposes, or
3.		if
a)			through the Federal law and the regulation laid down in Article 24 (1) of the doctor's profession for general medical practice or the specialist doctor shall include one or more activities which: in the applicant's country of origin is not or are not part of the relevant professional image; and
b)			if the difference according to lit. (a) in a special training prescribed in accordance with the Regulations referred to in Article 24 (1) and (2) and relating to subjects which differ substantially from those covered by the evidence of formal qualifications or qualifications, the the applicant submits.

(4) The organisation and conduct of the aptitude test in the context of the procedure for entry into the medical list according to § 27 of the Austrian Medical Association, which may be used by a third party.

(5) The Austrian Medical Association has to lay down more detailed rules on the organisation and conduct of the aptitude test, including an examination of examinations to be paid for the performance of the aptitude test. In determining the amount of the examination, consideration should be given to the amount of time and material involved in the organisation and performance of the aptitude test.

(6) Third-country diplomas issued to a national of an EEA Contracting State or to the Swiss Confederation outside the European Economic Area or to the Swiss Confederation shall be subject to the application of the (2) to be recognised as a medical evidence of formal qualifications, provided that:

1.		is entitled, in one of the other EEA States Parties or the Swiss Confederation, to exercise the professional medical profession in a self-employed person, and
2.		a certificate issued by the State in question, in accordance with Z 1, of the fact that it has actually and lawfully exercised the profession of medical profession in the territory of that State for three years. "

5. In accordance with § 5a, the following § 5b and title shall be inserted:

" Equality between third country nationals

§ 5b. Persons who are not nationals of an EEA Contracting State or of the Swiss Confederation (third-country nationals) and

1.		via an A ufenthalt title with a right of establishment in accordance with § § 45, 47, 48, 49 or 81 of the Niederlassungs-und Residence Act (NAG), BGBl. I No 100/2005, or
2.		as nationals of an EEA Contracting State, of the Swiss Confederation or of the Republic of Austria entitled to reside in the Federal Republic of Austria, and a permanent residence card pursuant to § 54 NAG, or
3.		the status of an asylum-seeker in accordance with § 3 of the Asylum Act 2005 (Asylum G 2005), BGBl. I n ° 100, or a subsidiary entitled to protection pursuant to § 8 Asylum G 2005 or a lit. a or b corresponding status has been granted under previous asylum legislation (beneficiaries pursuant to Article 27 (3) of Directive 2004 /83/EC),
, nationals of an EEA Contracting State or of the Swiss Confederation shall be equal in relation to the application of Directive 2005 /36/EC. "

6 § 6 together with headline reads:

" Regulation on Professional Qualifications

§ 6. Following consultation of the Austrian Medical Association, the Federal Minister of Health has laid down more detailed provisions on the subject

1.		the professional qualifications to be recognised in accordance with § § 5 and 5a and
2.		the basis for comparison of basic medical training pursuant to Article 24 (3) of Directive 2005 /36/EC in the case of equivalence tests in accordance with § § 5a and Article 8 (5) of the Directive
"

7. § 7 (1) reads:

" (1) Persons who fulfil the requirements for the non-self-employed exercise of the medical profession as a gymnastics specialist and intend to apply to a self-employed medical practitioner as a general practitioner shall have

1.		of a minimum of three years n practical training as a physician in general medicine (gymnastic medicine for general medicine) in recognised training centres, teaching practices, teaching group practices and teaching laboratories in the context of v on employment relationships and
2.		the examination of the physician for general medicine
and to prove the success of the training and examination (§ 26). "

8. § 8 (1) first sentence reads:

" Persons who fulfil the requirements for the non-self-employed exercise of the medical profession as a gymnastics specialist and intend to turn to a field of medicine as a special subject for self-employment as a specialist doctor have

1.		provided that the Regulation does not specify, in accordance with Article 24 (1), a minimum of six years of practical training in the field of speciation (Turnus at the specialist) in recognised training centres, teaching practices, teaching group practices and teaching laboratories in the context of employment relationships, as well as
2.		The specialist medical examination
and to prove the success of the training and examination (§ 26). "

9. § 8 (4) reads:

" (4) In accordance with intergovernmental agreements, persons who do not

1.		the Austrian citizenship, or
2.		the nationality of one of the other EEA States Parties or of the Swiss Confederation, or
3.		the property as an equivalent third-country national in accordance with § 5b
however, the general requirements referred to in Article 4 (2) (2) (2) to (5) and the special requirement referred to in § 4 (4) (2) (2) (2) shall be subject to the training as a specialist. "

10. § 8 (5), first sentence reads:

" In accordance with the training positions established in accordance with § 10 (12) or § 11 (9), persons who are not

1.		the Austrian citizenship, or
2.		the nationality of one of the other EEA States Parties or of the Swiss Confederation, or
3.		the property as an equivalent third-country national in accordance with § 5b
, but fulfil the general requirements referred to in § 4 (2) (2) (2) to (5) and proof of a pre-education, the doctoral degree of the entire medical certificate obtained at a university in the Republic of Austria, in accordance with Art. 24 (3) of Directive 2005 /36/EC as regards basic medical training, the training in the main subject of a special subject, or proof that they have acquired the professional requirements for the pursuit of the professional medical profession, of the training in an additive compartment. "

11. § 10 (4) reads:

" (4) For each training body (par. 3)-excluding university hospitals, clinical institutes and other organisational units, including any subunits of medical universities, as well as health administration investigators-is next to the Training officers or the specialist who is responsible for the direct supervision and supervision of the doctors undergoing training. (par. 2 Z 2 second half-set) to employ at least one other specialist practitioner of the special subject who is entitled to self-employed professional practice. The Federal Minister of Health may, after hearing the Austrian Medical Association, determine in the framework of the Ordinance on Doctors ' Training (Section 24 (1)) that this training requirement should be restricted to a limited number of patients. Recognition as a training institution is also fulfilled by specialist doctors of another special subject, provided that the area to be mediated is covered by the extent of the professional authority of these specialists. The Federal Minister of Health, after hearing the Austrian Medical Association, the main association of the Austrian Medical Association, may be required to ensure that the Austrian population can be provided with medical care in the longer term. Social insurance institutions as well as health Austria GmbH within the framework of the regulation on doctors ' training (§ 24 paragraph 1), also stipulate that the requirement of the first sentence in the recognition of the first sentence of the first sentence To see training positions in individual special subjects to be determined for a period to be determined , unless the authorisation of a single training centre is sought. In addition, the Federal Minister of Health can establish accompanying measures to ensure the quality of the training. The need for a limitation of the creditability in accordance with § 10 (5) shall be considered on a case-by-case basis. "

11a. In accordance with § 12 (3), third sentence, the following sentence shall be inserted:

"If it is helpful to achieve the training objectives, the gymnastics practitioner can also be used by the teaching practice owner to work in the case of his/her general medical activities outside of the teaching practice."

11b. In accordance with § 12a (4), fourth sentence, the following sentence shall be added:

"If it is useful to achieve the training objectives, the gymnastics specialist can also be used by the shareholders in the individual case to cooperate in their general medical activities outside of the teaching group practice."

12. In § 13b the Section Order "§ § 9, 10, 11, 12, 12a, 13, 14, 14a, 15 para. 2, 32, 33, 35 and 39 para. 2" by the expression

" 1.		§ 5a,
2.		§ § 9, 10 and 11, taking into consideration § 66 (2) Z 12 and
3.		§ § 12, 12a, 13, 14, 15 para. 2, 3 and 4, 27 para. 11, 30 para. 2, 32, 33, 35, 37, 39 para. 2 and 40 para. 7 "
replaced.

13. § 14 together with the title shall be deleted.

14. The paragraph description of section 14a shall be replaced by the paragraph "§ 14" , its heading and its paragraph 1 are:

" Accounting of times of medical education or training, activities and examinations

§ 14. (1) Insofar as § 5a does not apply, the condition of equivalence shall be

1.		in the course of training as a physician for general medicine, specialist or in an additive compartment according to § § 7 to 13 of completed training periods,
2.		completed medical education or training periods abroad, in accordance with the relevant foreign education or training regulations,
3.		in one of the other EEA States Parties or the Swiss Confederation, under the guidance and supervision, periods of medical practice for the purpose of acquiring a professional qualification as a general practitioner ' s obtaining the right to obtain a professional qualification or as a specialist, experience and skills,
4.		Periods of the presence or training service, and
5.		civil service
for the training of the approved physician, general practitioner or specialist or for the training in an additive compartment. "

15. In § 14 paragraph 3 Z 1 (new) the expression " Directive 93 /16/EEC and Directive 2005 /36/EC on the recognition of professional qualifications, OJ L 327, 30.4.2005, p. No. OJ L 255, 30.09.2005 p. 22, " by the expression "Directive 2005 /36/EC" replaced.

16. In § 14 (4) (1) (new) the word order is deleted "Directive 93 /16/EEC and" .

17. § 15 together with the title is:

" Diplomas and certificates

§ 15. (1) The Austria At the request of the Medical Association, persons who fulfil the training requirements in accordance with § 7 (1) or § 8 (1) have a diploma in order to successfully complete a successful completion of the training program.

1.		Training as a physician in general medicine (diploma on special education in general medicine),
2.		Training as a specialist (medical specialist) or
3.		Training in an additive compartment (Additives diploma)
,

(2) The Austrian Medical Association shall have persons who are prior to the 1. January 1994 a certificate of formal qualifications on the completion of the training as a practical physician or a specialist in a special subject, the name of which is listed in Annex V, point 5.1.1., 5.1.2, 5.1.3. or 5.1.4. of Directive 2005 /36/EC for Austria , has been issued to issue, on request, a certificate within the meaning of Article 23 (6) of this Directive, provided that such evidence of evidence of formal qualifications is not

1.		the completion of an education equivalent to the provisions of Articles 24, 25 or 28 of Directive 2005 /36/EC, and
2.		The diploma referred to in Annex V, point 5.1.1., 5.1.2., 5.1.3. or 5.1.4. of Directive 2005 /36/EC for Austria is to be kept in the same way.

(3) The Austrian Medical Association shall, upon request, issue a certificate to persons to whom a diploma on specific training in general medicine or a specialist diploma has been issued, to certify that:

1.		this diploma is awarded to completion of an education equivalent to the provisions of Articles 24, 25 or 28 of Directive 2005 /36/EC, or
2.		the doctor has acquired rights within the meaning of Articles 23, 27 or 30 of Directive 2005 /36/EC.

(4) The Austrian Medical Association shall have nationals of an EEA Contracting State or of the Swiss Confederation legally exercising the medical profession in Austria and entered into the medical list for the purpose of: Provision of services in another EEA State Party or the Swiss Confederation, upon request, to issue a certificate to the effect that the person concerned is

1.		is legally practising the profession in Austria; and
2.		you are not authorized to practise the profession on a temporary or temporary basis at the time of issue of the certificate.

(5) In the case of

1.		Failure to pursue the profession (§ § 61, 62 or 138) for the duration of the subsac, and
2.		the extinguishing of the right to work (§ 59),
the person concerned shall, at the request of the Austrian Medical Association, immediately forward the certificate referred to in paragraph 4 to the person concerned.

(6) The Austrian Medical Association shall refuse to issue the diploma or certificate with the corresponding conditions laid down in paragraphs 1, 2, 3 or 4 above.

(7) The appeal to the Governor of the Austrian Medical Association shall be open to the Austrian Medical Association pursuant to paragraph 6. The head office is responsible for the main residence of the appellant or, if the person concerned is Professional advertiser does not have a main residence in Austria, the main residence in Austria, or, if such a residence has not existed, the last residence or, finally, the last place of residence of the appellant in Austria. "

18. The following sentence is added to Article 24 (1):

" In addition to this, the Federal Minister of Health can, with regard to practical training as a specialist for oral, maxillofacial and facial surgery, be able to rely on the medical and dentistry studies provided for in the university studies. Training content with a regulation will provide for a shorter duration of training than six years, to the extent that this is compatible with the achievement of the training objectives. "

19. 27 and the headline is:

" Medical list and application procedures

§ 27. (1) The Austrian Medical Association, in cooperation with the medical chambers in the Federal States, has to accept applications for the exercise of the medical profession and a list of doctors and group practices entitled to practise the profession (Medical list) with the following data:

1.		Entry number,
2.		First name (-n) and surname, where applicable, birth name,
3.		date and place of birth,
4.		nationality,
5.		academic degrees,
6.		Main residence and/or habitual residence,
7.		delivery address,
8.		Professional seats and duty stations,
9.		in the case of physicians according to § 47 of the place of residence or place of residence, and the nature of the intended activity
10.		Professional designations including all officially lost titles and additions pursuant to § 43 (4),
11.		Diplomas of the Austrian Medical Association or the doctors ' chambers in the federal states,
12.		Training designations pursuant to § 44 (2),
13.		Reference to contracts with social security institutions and health care institutions,
14.		References to the admission and end of an activity pursuant to section 45 (3),
15.		References to recruitment, renunciation, resumption, subsaiation and erasure of the profession,
16.		Notes on opening, extension and closure of ordinations, ordination and apparatus communities, as well as information on the beginning and end of the participation in such a and
17.		Notes on opening, expansion and closure of group practices as well as the beginning and end of the participation in such a.
The list shall be public in respect of the data referred to in Z 1, 2, 5 and 8 to 13, with medical records and medical records in medical records, medical activities known to the doctors, and the Ordination telephone number. other communication facilities may also be published. The inspection of the public part of the list of doctors, as well as the preparation of copies, is permitted; for copies, a replacement of expenses to be determined by the Austrian Medical Association is to be provided.

(2) Persons intending to pursue a medical profession as a general practitioner, a licensed doctor, a specialist or a gymnastics doctor, have received their medical examination at the Austrian Medical Association in the course of the medical chambers in To register the Federal States for entry in the list of doctors and to provide the necessary documents (proof of personal and educational qualifications and other documents) to prove the general and special requirements for the self-employed or unselfemployed exercise of the medical profession in accordance with § 4. If necessary, persons at the request of the Austrian Medical Association shall submit a certificate to the competent authority of the Member State of origin, certifying that the evidence of formal qualifications submitted is to the competent authority of the State of origin. comply with Directive 2005 /36/EC. The documents required for entry into the medical list shall be submitted, if necessary, in a certified translation, in the original or in certified copy and foreign-language documents. In addition, the registration for registration in the English language list is to be introduced in German. The employer must draw attention to this requirement prior to the admission of an unselfemployed exercise of the medical profession.

(3) Depositary pursuant to para. 2, who wish to pursue the profession of medical profession in the context of a service relationship and under the provisions of the Foreigners Employment Act (AuslBG), BGBl. No 218/1975, in the case of the application in accordance with paragraph 2, the fulfilment of the conditions governing foreign employment for employment in Austria must also be demonstrated. These shall be considered as requirements for the exercise of the medical profession.

(4) The N Proof of health fitness is to be provided by the registration advertiser through a medical certificate stating that he does not suffer from any health impairments which cannot be expected to fulfil the professional duties. The medical certificate may not be older than the date of registration for registration. three months.

(5) The proof of trustworthiness shall be determined by the entry-level

1.		a certificate of criminal records or a comparable proof of the country of origin or of the country of origin; and
2.		provided that they provide for the laws, regulations and administrative provisions of the Member State of origin or the country of origin, by means of a certificate of disciplinary criminal records or a comparable proof
, The certificate (certificates) shall not contain a conviction which does not allow for a reliable professional exercise. The certificate (certificates) may (may) at the time of registration for registration, be no older than three months.

(6) If the Austrian Medical Association is aware of a situation which has occurred outside the territory of the Federal Republic of Germany and may be likely to give rise to doubts as to the trustworthiness of the trader, the Austrian Medical Association may the competent authority of the State concerned, and request it to examine the facts and inform it within three months whether, in the light of the facts, the person concerned is against the person concerned

1.		in that State, or
2.		is pending a disciplinary, administrative, criminal or justice criminal or criminal proceedings; or
3.		a disciplinary, administrative, administrative or justice criminal measure has been imposed.

(7) The Austrian Medical Association has In the course of the medical chambers in the federal states within one month the reception of the Unt to confirm and communicate the documents which are missing and to register without unnecessary delay,

1.		in cases where no automatic recognition is provided for under Directive 2005 /36/EC (Article 5a), at the latest within four months, and
2.		in all other cases, within three months at the latest
After complete submission of the documents. This period shall be halted in the event of a request in accordance with paragraph 6 up to that date in which the information provided by the requested foreign authority is received. In such a case, the Austrian Medical Association shall immediately after entering the information or, if the information has not been received within three months of the date of transmission of the request referred to in paragraph 6, immediately after the date of expiry of the three months.

(8) Has the Ös If necessary, it shall have a certificate submitted by the depositary, if necessary, by the competent authorities of the country of origin or the country of origin (e) confirmation of the authenticity of the certificate issued and, where appropriate, a confirmation that the trader shall meet the minimum requirements for the relevant training referred to in Articles 24, 25 or 28 of the Directive 2005 /36/EC.

(9) In order to meet the requirements laid down for the type of professional practice, the Austrian Medical Association shall enter it in the medical list and issue it with a certificate (medical certificate) provided with his photograph. If the fulfilment of the foreign employment requirements for employment is limited in time, the registration in the medical list must also be made in a temporary way. This is the person on the occasion of the registration in the medical list, under the notice that after the expiry of the deadline, her medical professional authorization shall be issued by the law in writing, in writing. In this case, the release of a notice of arrest may be waited in accordance with Section 59 (3).

(10) The Austrian Medical Association shall fail to notify the registration in the case of registration in the medical list.

(11) According to Section 5a (2), the admission to the profession is subject to the condition of successful completion of the work The applicant shall be entitled to request a partial notification of the aptitude test. The Austrian Medical Association shall suspend the procedure from the Office for the purpose of completing the aptitude test by the applicant. The procedure shall be continued at its request. If the procedure has been suspended for more than six months and thereafter has been continued on request, the applicant shall resubmit the evidence of trustworthiness and fitness for health. If an application for a continuation of the procedure is not applied, the Austrian Medical Association may, after the end of a year from the date of suspension, cease the application of the application without any formalities without further procedural steps.

(12) The Austrian Medical Association shall notify any entry in the list of doctors without default of the district administrative authority responsible according to the chosen place of work or place of employment or after the residence (§ 47) as well as the provincial governor. "

20. In § 28, the expression "§ 27 (8)" by the expression "§ 27 (10) and (11)" replaced.

21. 30 together with the headline is:

" Information with EEA relevance and disciplinary certificates

§ 30. (1) The Austrian Medical Association has innerha to provide the competent authorities of the other EEA States Parties and the Swiss Confederation with the information necessary for the application of Directive 2005 /36/EC concerning persons who:

1.		are, or have been, entered into the list of doctors in Austria, in particular the existence of disciplinary, administrative, administrative, criminal or judicial measures or other serious, accurate certain situations which might have an effect on the exercise of the medical profession, or
2.		in Austria, to pursue a medical profession and to provide medical services in another EEA Contracting State or in the Swiss Confederation, on the legality of the exercise of the medical profession in Austria, and on the fact that there are no job-related measures in accordance with Z 1.

(2) In addition, The Austrian Medical Association shall issue a certificate to the Austrian Medical Association on request as to whether a final disciplinary sentence has been imposed against it within the scope of this Federal Act. "

(21a) § 31is amended as follows:

In paragraph 3, at the end of Z 2, the words "as well as for" , at the end of the Z 3 becomes the point by the turn "as well as for" replaced and the following Z 4 is added:

" 4.		Specialist doctors in training in an additive compartment, provided that this training is carried out at a training centre recognised for another special subject, but this training centre is also recognised as a training centre for the intended additive subject. "

22. § 32 (1) reads:

" (1) The Austrian Medical Association shall have persons who:

1.		have acquired a right to pursue the profession of medical profession in a self-employed person abroad,
2.		not in accordance with § 4 (2) Z 1
a)			the Austrian citizenship, or
b)			the nationality of another EEA Contracting State or of the Swiss Confederation, or
c)			the property as an equivalent third-country national in accordance with § 5b
		, but
3.		meet the general requirements of Section 4 (2) (2) (2) to (5);
4.		over
a)			a doctoral degree of the entire medical certificate or an equivalent academic degree, acquired abroad and nostried in Austria as a doctoral student of the entire medicine, acquired at a university in the Republic of Austria, as well as in the case of an academic professional qualification as a specialist for oral and maxillofacial surgery, in addition to a qualification certificate for the exercise of the dental profession in accordance with the provisions of the ZÄG,
b)			a corresponding education to the general practitioner or specialist doctor as recognised as equivalent in accordance with § 14;
c)			an examination as recognized as equivalent in accordance with § 14 or additionally completed by the doctor for general medical practice or specialist examination
, under the conditions laid down in paragraph 2, a temporary authorisation for the self-employed exercise of the medical profession within the framework of a service as a general practitioner or as a specialist in hospitals, for a maximum of three years or judicial institutions. "

23. § 32 Paragraph 5 reads as follows:

" (5) The Austrian Medical Association has to withdraw an authorization in accordance with paragraph 1 if:

1.		the fact that one of the requirements referred to in paragraph 1 or 2 was not originally given, or
2.		one of the requirements referred to in paragraph 1 or 2 has been omitted and the omission does not lead to the fulfilment of the conditions laid down in § 4. "

Section 33 (1) reads as follows:

" (1) The Austrian Medical Association shall have persons who:

1.		have acquired a right to pursue the profession of medical profession in a self-employed person abroad,
2.		not in accordance with § 4 (2) Z 1
a)			the Austrian citizenship, or
b)			the nationality of another EEA Contracting State or of the Swiss Confederation, or
c)			the property as an equivalent third-country national in accordance with § 5b
		, but
3.		meet the general requirements of Section 4 (2) (2) (2) to (5);
4.		over
a)			a doctoral degree of the entire medical certificate or an equivalent academic degree, acquired abroad and nostried in Austria as a doctoral student of the entire medicine, acquired at a university in the Republic of Austria, as well as in the case of an academic professional qualification as a specialist for oral and maxillofacial surgery, in addition to a qualification certificate for the exercise of the dental profession in accordance with the provisions of the ZÄG,
b)			a corresponding education to the general practitioner or specialist doctor as recognised as equivalent in accordance with § 14;
c)			an examination as recognized as equivalent in accordance with § 14 or additionally completed by the doctor for general medical practice or specialist examination
to grant a temporary authorisation for the professional exercise of the medical profession as a general practitioner or as a specialist doctor for a period of not more than three years. "

25. Section 33 (5) reads as follows:

" (5) The Austrian Medical Association has to withdraw an authorization in accordance with paragraph 1 if:

1.		the fact that one of the requirements referred to in paragraph 1 or 2 was not initially given, or
2.		one of the requirements referred to in paragraph 1 or 2 has been omitted and the omission does not lead to the fulfilment of the conditions laid down in § 4. "

§ 3 Article 5 (1) reads:

" (1) A medical activity may only be carried out in an independent position and may only be carried out for study purposes:

1.		Doctors who do not
a)			Austrian nationals, or
b)			Nationals of another EEA Contracting State or of the Swiss Confederation, or
c)			Third country nationals treated in accordance with § 5b
if they do not have the right to be authorized in accordance with § 32 or § 33, and
2.		Doctors who do
a)			Austrian nationals, or
b)			Nationals of another EEA Contracting State or of the Swiss Confederation, or
c)			Third country nationals treated in accordance with § 5b
, but are not entitled to exercise a medical profession in accordance with § 4, or their medical doctorates are not entitled to the requirements of § 4 (3) Z 1. "

27. Section 35 (8) reads as follows:

" (8) § 27 on the registration in the list of doctors and § 59 on the erasing of the right to practise the profession shall be applied to the doctors referred to in paragraph 1 with the proviso that the omission of a necessary authorization for the authorization shall be The condition shall not lead to the fulfilment of the conditions laid down in § 4. "

28. In § 36 (1) the expression "in § § 4, 5 or 5a" by the expression "in § 4" replaced.

29. In Section 36a (1), the expression "in § § 4, 5 or 5a" by the expression "in § 4" replaced.

30. § 37 together with the title is:

" Free Movement of Services

§ 37. (1) Nationals of an EEA Contracting State or of the Swiss Confederation legally exercising the medical profession in one of the other EEA States Parties or the Swiss Confederation, d In the context of the provision of services in Austria under the relevant professional title in accordance with section 43 (2), work in the context of medical services in Austria will be carried out by the Austrian Federal Republic of Germany. The provision of a service within the meaning of the following paragraphs shall be provided where the medical activity is temporary and occasionally carried out in individual cases, in particular on the basis of the duration of the the frequency of recurrence and continuity of activity.

(2) D The service provider is subject to the provisions on professional duties and the disciplinary law of this Federal Law in the case of the provision of the service. For the purposes of Article 49 (1), the service provider shall have the language skills required for the conscientious provision of the service. If the service provider is in breach of rules on professional duties or disciplinary law, the Austrian Medical Association shall immediately inform the competent authority of the competent authority of the competent authorities. (n) the home or country of origin authority referred to in paragraph 3 (2).

(3) Prior to the initial provision of a service which requires a temporary stay in Austria, the service provider of the Austrian Medical Association shall, by way of the medical chamber of that Federal State in which the service is provided, shall be provided with: shall be notified in writing, with the following documents being added:

1.		Proof of nationality,
2.		Certificate of competent authority the authority of the home or country of origin, which states that the service provider is lawfully established to pursue the desired profession as an approved doctor, a general practitioner or a specialist, and that he/she should exercise his/her right to practiate of the medical profession at the time of presentation of the it is not prohibited, even temporarily, and
3.		Proof of professional qualification.
The documents shall be submitted, if necessary, in a certified translation, in the original or in certified copy and foreign-language documents. The Austrian Medical Association may, for each provision of a service, inform the competent authorities of the Member State of establishment of all the information concerning the legality of the establishment and the trustworthiness (good guidance) of the Medical doctor and information about whether there are professional measures within the meaning of Section 30 (1) (1) (1) (1).

(4) The notification referred to in paragraph 3 shall be renewed once a year, calculated from the date of receipt of the notification to the competent medical chamber, if the service provider intends to continue to provide services during the year in question in Austria to provide. In the event of a substantial change in respect of the facts certified in the documents referred to in paragraph 3 (1) to (3), the documents required for this purpose shall be submitted again.

(5) Before taking up the service in Austria, the Austrian Medical Association shall verify the medical qualification of the service provider, provided that:

1.		the verification is necessary to prevent a serious impairment of the health of the recipient of the service by reason of a lack of professional qualification of the service provider; and
2.		the service provider does not have a corresponding professional qualification in accordance with § 5.

(6) The Austrian Medical Association has the service provider within one month of receipt of the complete notification referred to in paragraph 3

1.		of their decision not to verify their qualifications, or
2.		If the verification is carried out on the outcome of the investigation
shall be informed. In any event, if difficulties arise, in particular substantive or formal procedural questions, which could lead to a delay, the Austrian Medical Association shall, in any event, have within one month of the reasons for the service provider. delay and to inform about the timetable of the decision. In any event, the decision on the investigation referred to in paragraph 4 shall be taken no later than two months after the submission of the complete dossier.

(7) If the investigation reveals that there is an essential difference between the medical qualification of the service provider and the relevant Austrian medical training, and that there is a risk to the health of the The Austrian Medical Association shall, within one month from the notification of the decision, give the service provider the opportunity to prove, within the framework of an aptitude test, that he/she is missing the missing person. has acquired knowledge, experience and skills. If the service provider is unable to provide such proof, the Austrian Medical Association shall prohibit the provision of services by the Austrian Medical Association. No ordinary legal remedy is admissible against this decision.

(8) The provision of the service may

1.		in cases of paragraph 5 following a positive decision by the Austrian Medical Association or, if no decision is taken, at the end of the periods referred to in paragraphs 6 and 7,
2.		otherwise, after notification and receipt of the complete and non-free documents referred to in paragraph 3
be included.

(9) The Austrian Medical Association shall, on the basis of its notification, enter the service provider with the reference to his property as a service provider. The registration shall be deleted if a condition for the provision of services has been omitted. The registration does not constitute a membership of a medical chamber. § 27 shall not apply.

(10) If necessary, the service provider or its service provider shall submit to the Austrian Medical Association the documents necessary for the assessment of whether the activity carried out by the service provider meets the requirements of the Provision of a service in accordance with paragraph 1. If the assessment shows that the activity is not only temporary and occasional, that result must be communicated to the provider and, if the continuation of the medical activity is to the same extent, to the extent that the service provider is to be Requirement of entry in the list of doctors in the context of the establishment. If the service provider does not reduce the activity to the extent of a service provision in accordance with paragraph 1 and at the same time applies for registration in the list of doctors in accordance with § 27, has The Austrian Medical Association has issued a notice of arrest stating that, under the given conditions, the service provider does not allow the exercise of a further medical activity in Austria. A proper legal remedy is not permitted.

(11) The organisation and conduct of the aptitude test in accordance with paragraph 7 is the responsibility of the Austrian Medical Association, which is entitled to use it for a third party. The Austrian Medical Association has more detailed rules on the organisation and conduct of the aptitude test including of an audit certificate to be paid for the performance of the aptitude test. In determining the amount of the audit, consideration should be given to the amount of time and material involved in the organisation and conduct of the audit. "

31. Section 43 (2) shows the expression "§ § 4, 5, 5a, 27, 32, 33 and 44" by the expression "§ § 4, 27, 32, 33 and 44" replaced.

32. 44 reads:

" § 44. (1) Persons entitled to exercise the medical profession in accordance with § § 4, 32 or 35 shall, in connection with the exercise of the medical profession, have the professional title with which they have been registered in the medical list.

(2) Without prejudice to paragraph 1 may be Nationals of an EEA Contracting State and of the Swiss Confederation, who are entitled to exercise their medical profession in their own right or to provide medical services in the territory of the Federal Republic of Germany, who are in the home or in the country of origin. The country of origin shall, where appropriate, give a legal training title and, where appropriate, its abbreviation in the relevant language of that State,

1.		in addition to the name and location of the training institution or the examination board, the who has given this training title, and
2.		it may not be confused with a name which requires an additional training in Austria which has not been obtained by the person concerned. "

33. In § 47 (1), first sentence, after the word order "the Austrian Medical Association" the phrase "in addition to these activities" inserted.

33a. § 49 (5) Z 5 reads as follows:

" 5.		individual additional medical activities, if their mastery is absolutely necessary for the successful completion of the study of medicine and the students of the medical education who are in training are already demonstrably above those to be conscientious Knowledge and experience with regard to the degree of difficulty of these activities. "

34. § 59 (2) the following sentence is added:

"The party's obligation to participate in proceedings relating to the erasure of the right to work relates in particular to the compliance with arrangements with regard to professional assessments of the suitability for health."

35. In § 59 (5), the expression "§ § 4 or 5" by the expression "§ 4" and the expression "§ 29" by the expression "§ 27" replaced.

36. In § 63 of the first sentence, the expression "§ 37 (5)" by the expression "§ 15 (5)" replaced.

37. The following paragraph 4 is added to Section 67 (3):

" (4) In the framework of administrative cooperation pursuant to Directive 2005 /36/EC, the chambers of doctors are empowered to provide all information necessary for their participation in the provision of assistance in connection with the provision of assistance under this Federal Act of the Austrian Medical Chambers. Administrative matters need to be collected. "

38. In § 68 (1) (1) (1), the expression "§ § 4, 5 or 5a" by the expression "§ 4" replaced.

39. § 118 sec. 2 Z 14 reads:

" 14.		Decision-making on the aptitude test in accordance with Section 5a (5), the examination of the physician for general medical practice (§ 7 para. 5), the specialist examination (§ 8 para. 3), the teaching and learning target catalogue (§ 25), the aptitude test in accordance with § 37 para. 11, the visitations (§ 82 para. 3), the type and form of permitted medical information (§ § 82 para. 53 (4) and the Schilderordnung (Section 56 (4)); "

40. § 118 (3) Z 4 reads as follows:

" 4.		the concern of all administrative matters relating to the professional authorisation of doctors, including the collection of all necessary information in the framework of administrative cooperation, in accordance with Directive 2005 /36/EC, "

41. In § 118 (3), the Z 5 and 6 are deleted.

42. The following paragraph 9 is added to section 118 (8):

' (9) 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. "

43. In § 125 (4), the following sentence shall be inserted after the first sentence:

"He decides on the necessity of aptitude tests in accordance with § 37 (7)."

44. In § 128a (4) (1), the term " "14a," .

45. § 128a (4) (2) (2) reads:

" 2.		the determination of equivalence in accordance with Article 39 (2) and the determination of the aptitude test in accordance with Section 5a (2) in conjunction with Section 27 (11), "

(46) In § 199 (3), after the expression "§ 12a (4)," the expression "§ 15 (5)," is inserted further, the expression "§ 37 (1) last sentence or 2" by the expression "§ 37 (1) or (8)" replaced and the term " "§ 44," .

47. § 214 (4) deleted.

48. § 225 shall be added to the following sections 226 to 228, together with the heading:

" Transitional and entry into force-provisions on 12. Medical Law-Novel

§ 226. Bulgarian and Romanian nationals who are before the 1. January 2007 according to § 7 (6) or § 8 (4) or (5) in training as a physician for general medicine, to the specialist in the main subject of a special subject or admitted in an additive compartment, are entitled to their training according to the before the 1. Jänner 2007 in force.

Section 227. References to § § 4, 5, or 5a in § § 207, 210 (7) and (223) relate, unless otherwise stated, to the Medical Act 1998, as amended before the Federal Law, Federal Law Gazette (BGBl). I No 62/2009.

§ 228. With 20. § 3a together with the title, § 4 together with the title, § 5 together with the title, § 5 together with the title, ift, § 5a with title, § 5b including title, § 7 para. 1, § 8 para. 1, first sentence, § 8 para. 5, first sentence, the removal of § 14, the renaming of § 14a in § 14, the title and para. 1, para. 3 Z 1 and para. 4 Z 1 of § 14 (new), § 14 § § 28, § 30, including title, § 32 (1) and (5), § 33 (1) and (5), § 35 (1) and (8), § 36 (1), section 36a (1), § 37, including title, § 43 (2), § 44, § 59 (5), § 63, § 67 (4), § 68 (1) Z 1, § 118 sec. 2 Z 14 and Paragraph 3 Z 4, the abduction of § 118 (3) Z 5 and 6, § 118 (9), § 128 (1) Z 1 and 2, the abduction of Section 214 (4), § 226 and § 227 in the version of the Federal Law BGBl. I No 62/2009 in force. "

Fischer

Faymann