94. Federal Act amending the EEA Psychotherapy Act (EEA-PthG-Novelle 2008)

The National Council has decided:

The EEA Psychotherapy Act, BGBl. I n ° 114/1999, as last amended by the Federal Law BGBl. I n ° 68/2003 and the Federal Ministries of State Law 2007, BGBl. I n ° 6, shall be amended as follows:

1. In the table of contents the line is deleted "Occupational authorisation for EEA psychotherapists ... § 1" and shall be replaced by "Qualifications from the EEA for Psychotherapy ... § 1" .

2. In the table of contents the line is deleted "Diplomas ... § § 2 and 3" and is replaced by the lines "Equal qualification certificates from a third country ... § 2" and "EWR-Berufszulassung für Psychotherapeuten ... § 3".

3. § 1 together with the headline is:

" Qualifications from the EEA for Psychotherapy

§ 1. (1) Qualification evidence of the regulated profession of psychotherapist who is a national of an EEA Contracting State or of the Swiss Confederation from the competent authorities of an EEA Contracting State or of the The Swiss Confederation has been issued in accordance with the provisions of Directive 2005 /36/EC on the recognition of professional qualifications, OJ L 327, 30.4.2005, p. No. OJ L 255 of 30. 9. 22, as last amended by Directive 2006 /100/EC on the adaptation of certain directives in the field of free movement of persons, to take account of the accession of Bulgaria and Romania, OJ L 206, 22.7.2006, p. No. OJ No L 363, 20. 12. 141 and by Regulation (EC) No 1430/2007, OJ L 327, 30.11.2007, p. No. OJ No L 320, 6. 12. 2007 p. 3, in accordance with the rules of this Federal Law.

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

1.		via a residence permit with an indefinite right to establishment in accordance with § § 45 or 49 Niederlassungs-und Residence Act (NAG), BGBl. I No 100/2005, or
2.		as nationals of an EEA Contracting State or of the Swiss Confederation or as nationals of Austrian nationals who are entitled to a stay, and are entitled to stay in accordance with the provisions of the § 54 NAG,
are nationals of an EEA Contracting State within the scope of this Federal Law. "

4. § 2 together with the title is:

" Equivalently qualified qualifications from a third country

§ 2. A certificate of qualification for the profession of psychotherapist (third country diploma) issued outside the European Economic Area or the Swiss Confederation shall be equivalent to a qualification certificate in accordance with § 1 (1), provided that: its holder is a national of an EEA Contracting State or of the Swiss Confederation or an equivalent person in accordance with Section 1 (2), and

1.		is entitled to practise the regulated profession of psychotherapist in an EEA State Party or the Swiss Confederation; and
2.		a certificate issued by the EEA State Party or the Swiss Confederation to the effect that he has lawfully exercised the regulated profession of psychotherapist in the territory of his State for three years. "

5. § 3 together with headline reads:

" EWR professional admission for psychotherapists

§ 3. (1) The Federal Minister for Health, Family and Youth has nationals of an EEA Contracting State or of the Swiss Confederation as well as third-country nationals in accordance with § 1 (2), who have a qualification certificate for the regulated Occupation pursuant to Article 1 (1), which has been issued to a diploma in accordance with the Annex Article 11 lit. d or e of Directive 2005 /36/EC, to grant the right to practise as a psychotherapist upon application and to the Psychotherapist List in accordance with the provisions of § 17 of the Psychotherapy Act, BGBl. No 361/1990.

(2) If the profession of psychotherapist is not regulated in an EEA Contracting State or the Swiss Confederation, the evidence of formal qualifications or qualifications issued by the competent authorities for the exercise of that profession shall be: to the qualifications referred to in paragraph 1, provided that:

1.		the evidence of formal qualifications or evidence of formal qualifications as referred to in Article 11 (2) of the Annex. d or e of Directive 2005 /36/EC, and
2.		the profession of psychotherapist has been carried out in the Member State for two years in the previous ten years.
The requirement of a two-year professional exercise is not required, provided that the evidence of formal qualifications or qualifications confirms a regulated training.

(3) Admission to practise is subject to the condition of successful completion of a three-year adaptation period, or an aptitude test, if the training is completed, taking into account the requirements of the Knowledge acquired within the framework of professional experience is significantly different from the corresponding Austrian training.

(4) The applicant shall:

1.		proof of nationality as well as a proof of residence permit for third-country nationals in accordance with § 1 (2)
2.		proof of qualification, proof of professional qualifications in the country of origin and, where appropriate, proof of professional experience acquired,
3.		proof of the health suitability required for the fulfilment of the professional duties,
4.		proof of the trustworthiness required for the fulfilment of the professional duties, and
5.		to submit proof of residence or of an authorised representative in Austria; and
6.		to indicate the occupational seat or place of employment envisaged.
The applicant has to notify the Federal Ministry of Health, Family and Youth immediately by means of a change of residence or of the person responsible for the delivery (Z 5).

(5) The provisions of the Psychotherapy Act are to be applied from the entry into the Psychotherapist List. "

6. § 4 (1) third sentence reads:

"The recognition advertiser has to submit proof of qualification to the Federal Ministry of Health, Family and Youth to provide proof of qualification in accordance with section 3 (1) of this article."

7. In § 4 (2), first sentence, the word order shall be "pursuant to § 1 para. 1 Z 1" through the phrase "pursuant to § 3 (1)" replaced.

8. In § 4 (3), after the word order "has within" the phrase "one month to confirm receipt of the documents and indicate which documents are missing, as well as within" inserted.

9. § 4 (4) is given the name "(7)" , the following paragraphs 4 to 6 shall be inserted:

" (4) An adaptation period according to paragraph 3 Z 2

1.		is the exercise of the profession as a psychotherapist in Austria under the responsibility of a qualified professional,
2.		has been accompanied by an additional training, provided that it is technically necessary, and
3.		is to be evaluated by the qualified professional in accordance with Z 1.

(5) An aptitude test as referred to in paragraph 3 (2) is an examination relating exclusively to the applicant's professional knowledge and skills, which is based on the applicant's ability to exercise the profession as a psychotherapist in Austria, shall be assessed.

(6) Where there are significant differences between the qualifications required under this Federal Act and acquired in the country of origin, which require the pre-writing of compensatory measures in accordance with the provisions of paragraph 2, significant differences shall be established in the course of the procedure. the applicant shall have the right to apply for an application of the procedure until the missing training contents have been collected. The procedure shall be continued on request. In the case of a suspension of the procedure of more than six months, in case of application for continuation of the procedure, additional qualifications and evidence of professional experience shall be added to the procedure.

1.		new evidence in accordance with Section 3 (4) (3) and (4) and
2.		in the case of amendments updated in accordance with § 3 (4) (1) and (5)
. In the absence of a request for a continuation of the procedure, the authorisation procedure shall be closed without any formalities at the end of two years from the date of the application of the application for the application of the application. "

10. § 6 of the first subsentence reads:

"As evidence of health fitness and trustworthiness in accordance with § 3 (4) (3) and (4), the following documents shall be recognized within the meaning of Article 50 (1) of Directive 2005 /36/EC:"

11. § 8 together with headline reads:

" Temporary provision of services

§ 8. (1) Nationals of an EEA Contracting State or of the Swiss Confederation legally exercising the regulated profession of psychotherapist in an EEA Contracting State or of the Swiss Confederation shall be entitled to: to provide temporary services as psychotherapists in Austria to their foreign occupation or place of employment in the context of the provision of services.

(2) Prior to the first-time provision of a temporary service in Austria, which requires a temporary stay in the Federal Republic of Germany, the service provider shall have the Federal Minister for Health, Family and Youth under apportion. to report in writing to the following documents:

1.		Proof of nationality,
2.		Certificate issued by the competent authority of the home or country of origin stating that the service provider is legally exercising the regulated profession of psychotherapist and that he/she is exercising his/her profession at the time of presentation of the the certificate is not prohibited, even temporarily,
3.		Qualification certificate according to § 3 (1) or (2).

(3) The notification referred to in paragraph 2 shall be renewed once a year if the provider intends to provide services temporarily during the year in question. In the event of substantial changes to the facts certified in the documents referred to in paragraph 2, the relevant supplementary documents shall be submitted.

(4) Before the temporary service is received, the Federal Minister for Health, Family and Youth has to prevent a serious impairment of the health of the recipient on the basis of a lack of professional qualification of the to verify the qualifications of the service provider.

(5) The Federal Minister of Health, Family and Youth shall, within one month after the complete notification referred to in paragraph 2, have the service provider of the decision concerning the verification of the professional qualification referred to in paragraph 4 and the Result or in the event of a delay of the decision on the reasons for the delay, and on the timetable for the decision. The decision on the investigation referred to in paragraph 4 shall take place no later than two months after the required documents have been submitted in full.

(6) The verification in accordance with paragraph 4 provides that a substantial difference between the qualification of the service provider and the qualification required for the exercise of the relevant activities in accordance with the Psychotherapy Act , which could jeopardise the protection of the health of the recipient, the Federal Minister of Health, Family and Youth has the opportunity to give the service provider the opportunity to take part within one month from the date of notification of the decision in the context of an aptitude test (§ 4 (5)), the lack of knowledge and Proof of skills. If the service provider cannot prove the lack of knowledge and skills in the course of the aptitude test, the Federal Minister of Health, Family and Youth has the temporary provision of services with this information .

(7) Service providers

1.		shall be subject to the Psychotherapy Act, in particular the applicable professional duties, in the case of provision of the service; and
2.		have to provide the service under the professional title in accordance with § 13 of the Psychotherapy Act.

(8) Persons who legitimately exercise the profession of psychotherapist in Austria have the Federal Minister for Health, Family and Youth for the purpose of temporary service provision in another EEA State Party or the Swiss Confederation shall, upon request, issue a certificate to the effect that the person concerned shall:

1.		the profession is lawfully exercised in Austria; and
2.		the qualification certificate required for the professional exercise. "

12. In § 9 para. 1, the quote shall be "§ § 1 or 8" replaced by the citation "§ § 1, 3 or 8" .

13. In § 10 the Wendung "§ 1 (1)," replaced by the turn "§ 1 para. 1, § 3,".

14. § 14 reads:

" § 14. Through this federal law,

1.		Directive 2005 /36/EC on the recognition of professional qualifications, OJ L 327, 30.4.2005, p. No. 22, as last amended by Directive 2006 /100/EC on the adaptation of certain directives in the field of free movement of persons, to take account of the accession of Bulgaria and Romania, OJ L 255, 30.9.2006, p. No. 141. and by Regulation (EC) No 1430/2007, OJ L 327, 28.12.2007, p. No. OJ No L 320, 6. 12. 2007 p. 3,
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 amended by the Protocol, with a view to the accession of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia as a result of their accession to the European Union, 1. No. OJ L 89 of 28.03.2006 p. 30, BGBl. III No 162/2006,
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, 30.4.2004, p. 77, as amended by the corrigendum, OJ L 327, 30.4.2004, No. L 2004, 04.08.2007 p. 28,
to be transposed into Austrian law. "

Fischer

Gusenbauer

Annex

§ 3 para. 2 Z 1

Qualifications referred to in Article 11 lit. d and e of Directive 2005 /36/EC

Article 11 lit. d and e

d)			Diploma which is issued after completion of a post-secondary education of at least three and a maximum of four years or a part-time training of a corresponding duration at a university or higher education institution or another training institution with the equivalent level of education and vocational training, which is required in addition to the course of studies.
e)			Evidence confirming the holder that he/she has a post-secondary course of at least four years or a part-time training course of a corresponding duration at a university or university or in another A training institution with an equivalent level and, where appropriate, the vocational training required beyond the post-secondary course of training has been successfully completed.