Music Therapy Act - Muthg

Original Language Title: Musiktherapiegesetz - MuthG

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93. Federal law on the professional practice of music therapy (music therapy Act - MuthG)

The National Council has decided:

Table of contents


1 article General provisions



§ 1


§ 2 subject scope article 3 transposition of Community law § 4 linguistic equal treatment article 5 definitions and references 2. section professional rewriting and forms the profession section 6 Professional rewriting section 7 independent exercise of the profession of music therapy section 8 sharing exercise of the profession of music therapy 3. section Musiktherapeutische education § 9 training for the sharing exercise of the profession of music therapy section 10 training for the independent exercise of the profession of music therapy section 11 training regulation 4. section professional permission § 12 conditions for the independent exercise of the profession of music therapy in § 13 conditions for the sharing exercise of the profession of music therapy in § 14 Musiktherapeutische qualification proof from EEA § 15 free services § 16 EEA music therapy regulation § 17 void the professional authority of § 18 information requirements 5. music therapist list article 19 section management music therapist list article 20 application for registration in the music therapist list section 21 optional data to the music therapist list section 22 procedure for the registration in the music therapist list article 23 refusal of registration § 24 reporting section 25 6 administrative cooperation section professional obligations § 26 leadership of professional titles section 27 profession to the best of our knowledge and certain section 28 training required § 29 reconnaissance duty article 30 documentation requirements section 31 accountability § 32 confidentiality § 33 advertising restrictions and ban on commissions § 34 liability insurance 7 section penal provisions § 35 8 penal provisions section transitional provisions



section 36



Permission to the autonomous exercise of the profession of music therapy



section 37



Permission to practice of music therapy came



9 section



Final provisions



Article 38 enforcement article 39 entry into force 1 section

General terms and conditions

Subject



§ 1. This federal law regulates the professional practice of music therapy with particular reference to the



1 music therapy training, 2. Forms of the exercise of the profession, 3. requirements of the profession, 4. keeping the music therapist and 5 professional obligations.



Scope



2. (1) the professional practice of music therapy may be carried out only in accordance with this federal law.

(2) on the professional practice of music therapy is the 1994 Gewerbeordnung, BGBl. No. 194, no application.



Implementation of Community law



§ 3. By this federal law will be



1. Directive 2005/36/EC by the 07.09.2005 on the recognition of professional qualifications, OJ No L 255 of the 30.09.2005 p. 22, as last amended by Regulation (EC) No 1430/2007, OJ No. L 320 of the 06.12.2007 S. 3, 2. the agreement between the European Community and its Member States, of the one part and the Swiss Confederation on the other, on the free movement of, OJ No. L 114 of the 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) of the agreement between the European Community and its Member States, of the one part and the Swiss Confederation on the other, on the free movement of, OJ L 270 of the 29.09.2006 p. 67, 3. Directive 2003/109/EC by the 25.11.2003 concerning the legal status of long-term resident third-country nationals, OJ No. L 16 of the ruhrcongress p. 44 and 4. Directive 2004/38/EC by the 29.04.2004 on the right of citizens of the Union and their family members, in the territory of the Member States free to move and to stop 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 S. 77, where did right version, OJ No. L 158 of 30.04.2004 No. L 229 of the 29.06.2004 p. 35,.



transposed into Austrian law.



Linguistic equal treatment



4. (1) personal names are used in this federal law in female and male or unisex form. If personal names in exceptional cases be used for the purpose of preserving the readability in gender-specific form, these relate to women and men in the same way.

(2) for the enforcement of this Act, the respective gender-specific title or designation with regard to a particular person is to use.

Definitions and references



§ 5.

(1) within the scope of this federal law, following definitions shall apply: not different in the individual provisions of this Federal Act is determined, refer the names



1.



", Music therapist" ("music therapist"),.





2.





"Music therapy" as well as





3.



"that music therapy"





to persons who are entitled to the autonomous or came exercise of the profession of music therapy.





(2) where other federal legislation is referenced in this federal law provisions, these are to apply in their respectively valid version.



2. section

Occupational definition and forms of the exercise of the profession

Professional transcription



§ 6.

(1) the music therapy is an independent, scientific artistic creative and expression-promoting form of therapy. Includes the deliberate and planned treatment of people, especially with emotional, somatic, intellectually or socially conditional behavior disorders and disease States, through the use of musical elements in a therapeutic relationship between a (one) or more are discussed and a (one) or several treating with the aim



1. symptoms to prevent, mitigate them or to eliminate or change 2 calling behaviors and settings or 3. the development, maturation, and health of (the) treated to promote and maintain or restore.

(2) the profession of music therapy consists in the professional execution of the activities described in paragraph 1, in particular for the purpose of



1. prevention including health promotion, 2.

Treatment of acute and chronic diseases,



3. rehabilitation, 4.

Promotion of social skills including supervision and



5. teaching and research.

(3) the professional practice of music therapy is reserved for the music therapist (music therapists). The professional practice of music therapy is prohibited persons other than music therapist (music therapists). Professional practice (profession) of music therapy is when music therapy regularly and with the intention of is operated to make a profit or other economic advantage to create and maintain a livelihood including a part-time income source.



(4) the professional practice of music therapy is allowed in the framework of an employment relationship only to a holder of a hospital, a nursing home, a disabled facilities or a comparable institution.



Independent exercise of the profession of music therapy



7. (1) the independent exercise of the profession of music therapy consists in the autonomous execution of the activities described in section 6, regardless of whether these activities are exercised as a freelancer or in the framework of an employment relationship.



(2) if the exercise of the profession of music therapy for the purpose of the treatment of acute and chronic diseases or rehabilitation, an assignment has proven to before or after the first, anyway, before the second music therapy treatment



1.



a doctor (a medical doctor) or





2.



a clinical psychologist (a clinical psychologist) or





3.



a psychotherapist (a psychotherapist) or





4.



a dentist (a dentist)





instead of finding.



Sharing the profession of music therapy



§ 8. The sharing exercise of the profession of music therapy consists in the execution of the activities described in section 6 within the framework of an employment relationship as directed by



1.



a doctor (a medical doctor) or





2.



a clinical psychologist (a clinical psychologist) or





3.



a responsible person entitled music therapist (a responsible professional qualified music therapist) or



4.



a psychotherapist (a psychotherapist) or





5.



a dentist (a dentist) and



under regular supervision by a responsible person entitled music therapist (a responsible professional qualified music therapist) to the technically necessary extent.

3. section

Therapeutic music education





Training for the sharing exercise of the profession of music therapy







§ 9.

(1) a person who intends the sharing exercise of the profession of music therapy, has obtaining University entrance qualifications as training



1. a Bachelor's degree in music therapy at an Austrian university or 2 a University of applied sciences Bachelor of music therapy at an Austrian University of applied sciences



to complete successfully.





(2) the training has for a sharing exercise of the profession of music therapy to the best of our knowledge and certain required theoretical and practical training content including the acquisition of clinical medical treatment experience with particular reference to the clinical psychological, to cover medical and psychotherapeutic scientific foundations.



(3) in the context of training are in any case



1.



Self-awareness in the circumference of at least 200 units,





2.



Conditions for the exercise of the profession of music therapy, in particular, an introduction to the institutional, health and psycho-social conditions, by at least 30 units, as well as





3.



Questions of ethics to the extent of at least 30 units





to be provided.







Training for the responsible exercise of the profession of music therapy







§ 10.

 

(1) a person who intends to the independent exercise of the profession of music therapy, has obtaining University entrance qualifications as training



1.



a diploma of music therapy at an Austrian university or





2.



a polytechnic diploma course of music therapy at an Austrian University of applied sciences or



3. after meeting the training requirements for the sharing of music therapy profession, a master degree of music therapy at an Austrian university or 4 after meeting the training requirements for the sharing of music therapy profession a polytechnic course, master of music therapy at an Austrian University of applied sciences



to complete successfully.





(2) the training has for a responsible exercise of the profession of music therapy to the best of our knowledge and certain required theoretical and practical training content including the acquisition of clinical medical treatment experience with particular reference to the clinical psychological, to cover medical and psychotherapeutic scientific foundations.



(3) within the framework of the training referred to in paragraph 1 Nos. 1 and 2 are at least



1.



Self-awareness in the circumference of at least 200 units,





2.



Conditions for the exercise of the profession of music therapy, in particular, an introduction to the institutional, health and psycho-social conditions, of at least 60 units, as well as





3.



Questions of ethics to the extent of at least 60 units





to be provided.



(4) in the framework of the training referred to in paragraph 1 Nos. 3 and 4 are in any case



1.



Conditions for the exercise of the profession of music therapy, in particular, an introduction to the institutional, health and psycho-social conditions, by at least 30 units and





2.



Questions of ethics to the extent of at least 30 units





to be provided.



Education Regulation



§ 11.

The Federal Minister (the Minister) for health, family and youth has, where necessary, more detailed provisions on the competencies that must be purchased within the framework of the training for the sharing and responsible exercise of the profession of music therapy, including the minimum requirements for the training, to be set by regulation.



4 section

Professional qualifications



Requirements for the independent exercise of the profession of music therapy



§ 12.

(1) to the autonomous exercise of the profession of music therapy requires proof of the fulfilment of the General and specific conditions listed below, as well as registration in the list of music therapist, if necessary after consultation of experts.



(2) General conditions in the sense of paragraph 1 are



1.



Own permission,



2. Health Fitness required to comply with the professional conduct and 3 the trust necessary to the performance of the professional duties.



(3) special requirements in the sense of paragraph 1 are



1.



the successful completion of the training for the responsible exercise of the profession of music therapy and the issuance of the relevant certificate of the conferment of academic degree (the relevant documents on the awarding of academic degrees) or





2.



the acquisition of the Z 1 equal program qualifications:





a)



a on the basis of § 14 ABS. 1, if necessary, taking into account article 14 par. 2, music therapeutic qualification acquired in an EEA State or the Swiss Confederation or





b)



a acquired abroad and one Austrian university or Austrian University of applied sciences, a training for the responsible exercise of the profession of music therapy offers, nostrifizierter degree or





c)



a diploma completed music therapeutic training at a domestic or foreign post-secondary educational institution, as long as it was recognized equivalent from an Austrian university or Austrian University of applied sciences, which offers a training for the responsible exercise of the profession of music therapy, as this.





Requirements for the sharing of music therapy profession



§ 13.

(1) the came the music therapy profession requires proof of the fulfilment of the General and specific conditions listed below, as well as registration in the list of music therapist, if necessary after consultation of experts.



(2) General conditions in the sense of paragraph 1 are:



1.



Own permission,



2. Health Fitness required to comply with the professional conduct and 3 the trust necessary to the performance of the professional duties.



(3) special requirements in the sense of paragraph 1 are



1.



              

the successful completion of the training for the sharing of music therapy profession and the issuance of the relevant certificate of the award of the degree or





2.



the acquisition of the Z 1 equal program qualifications:





a)



a on the basis of § 14 ABS. 1, if necessary, taking into account article 14 par. 2, music therapeutic qualification acquired in an EEA State or the Swiss Confederation or





b)



a acquired abroad and one Austrian university or Austrian University of applied sciences, a training for the sharing of music therapy profession offers, nostrifizierter degree or





c)



a diploma completed music therapeutic training at a domestic or foreign post-secondary educational institution, as long as it was recognized equivalent from an Austrian university or Austrian University of applied sciences offers an education for sharing exercise of the profession of music therapy, as this.



Therapeutic music qualifications from the EEA



Section 14 (1) the Federal Minister (the Minister) has qualifications for the regulated profession of Music Therapists (the music therapist) in the form of



1 autonomous exercise of the profession of music therapy or 2 came the profession of music therapy, which issued one (a) nationals of EEA Contracting State or the Swiss Confederation by the competent authorities of EEA Contracting State or the Swiss Confederation, to check, if necessary, see obtaining an expert opinion, according to the provisions of Directive 2005/36/EC on the equivalence of professional qualifications. The attainment of professional qualifications is conditional on the successful completion of a countervailing measure to establish if differs considerably from the corresponding Austrian training completed training, taking into account the knowledge acquired in the context of the experience and experience.

(2) persons who are not nationals of EEA Contracting State or the Swiss Confederation and



1. about a residence permit with permanent right of establishment under section 45 or section 49 settlement and residence Act (NAG), Federal Law Gazette I no. 100/2005, have or 2.

as members of legitimate free movement of nationals of EEA Contracting State or the Swiss Confederation or by Austrian citizens (citizens) to stay eligible and NAG about a permanent residence card referred to in article 54, nationals of EEA Contracting State are assimilated in relation to the application of the Directive 2005/36/EC.

(3) the Federal Minister (the Minister) for health, family and youth nationals of EEA Contracting State or the Swiss Confederation, who professionally practise the music therapy in Austria, has to issue an attestation to the purpose of providing the service in another EEA Contracting State or the Swiss Confederation at the request, that the person (s) concerned



1 the music therapy professional lawfully exercised in Austria and 2 has the qualification required for the profession.

The professional qualifications of the person concerned, goes out the Federal Minister (the Minister) for health, family and youth has to determine the void of professional authority, if necessary, in terms of communication and, if necessary, under application of the administrative enforcement Act 1991 (VVG), Federal Law Gazette No. 53/1991, to collect the issued certificate.

Free movement of services



Section 15 (1) nationals of EEA Contracting State or the Swiss Confederation, who professionally lawfully exercise music therapy in one of the other EEA Contracting States or the Swiss Confederation, may by their foreign work in the context of services professionally temporarily carrying on music therapy in Austria without being registered in the music therapist list.

(2) before exercising an activity in the sense of paragraph 1, which requires a temporary stay in the country, the service provider (the service provider) has the Federal Minister (the Minister) for health, family and youth



1 by means of the Federal Ministry for health, family and youth of to be on form at least when writing the duration, the type and the location of the activity and a certificate of the competent authority of the home or the country of origin to be submitted 2, template must not be older than 12 months, stating, that the service provider (the service provider) the qualifications required for the exercise of the profession of music therapy , Certificates or other evidence of formal qualifications has and lawfully exercising music therapy professional in the State of origin.

If a prior notice for reasons of urgency, especially in the case of imminent danger to life or serious injury to the patient (the patient) or third parties is not possible, the understanding has immediately after provision of the service to be carried out.

(3) the notification referred to in paragraph 2 is



1. once a year to renew if the service provider (the service provider) intends to pursue activities in the sense of paragraph 1 in the relevant year and regardless of 2. in the case of a significant change in the activity to refund immediately.

(4) a service provider (a local service provider) in the notification referred to in paragraph 2 sets



1 an in an EEA State or the Swiss Confederation acquired music therapy training detection, which meets all requirements of the training referred to in article 34 of Directive 2005/36/EC, or 2. one outside the European economic area or the Swiss Confederation issued music therapy training detection including a certificate over a three-year music therapeutic experience in the territory of the EEA Contracting State or the Swiss Confederation, of (that) these qualifications recognition of (article 10 point g in connection with article 3 paragraph 3 of Directive 2005/36/EC) , above, so the Federal Minister (the Minister) for health, family and youth before taking up the activity in the sense of paragraph 1 to check the music therapeutic qualification of the service provider (the service provider) to prevent a serious deterioration of health of the recipient of services (the service recipient) on the basis of its (their) lack of professional qualifications.

(5) of the decision on the review of the qualifications in accordance with paragraph 4 or the result of which, the Federal Minister (the Minister) for health has to inform the service provider (the service provider) family and youth within one month after complete notification pursuant to paragraph 2. Difficulties, which could lead to a delay of the decision is within one month of the reasons for the delay, as well as on the timing of the decision to inform the service provider (the service provider). The decision on the review has to be made at the latest within two months after submission of the complete dossier.

(6) the review of the qualifications referred to in paragraph 4 results, that is a significant difference between the qualification of the service provider (the service provider) and the corresponding qualifications in accordance with article 9 or article 10, which could endanger the health of the recipient (the service recipient), the Federal Minister (the Minister) for health, family and youth has the service provider (the service provider) within one month from the notification of the decision to allow , to prove the missing knowledge and experiences in the framework of an aptitude test. Is the service provider (the service provider) unable to establish lack knowledge and experience within the framework of the qualifying examination, the Federal Minister (the Minister) for health, family and youth has to this (these) prohibit the exercise of activities in accordance with paragraph 1.

(7) persons referred to in paragraph 1 are subject to the professional obligations applicable for Music Therapists (music therapists) for provision of the services. The service provider (the service provider) violates these obligations, the Federal Minister (the Minister) for health shall, without delay to the competent authority of its home Member State to show this family and youth.



EEA music therapy regulation



§ 16. The Federal Minister (the Minister) for health, family and youth has more information about the music therapy qualifications from the EEA and the Swiss Confederation, in particular about the verification of the equivalence of professional qualifications and the establishment of compensatory measures, to set by regulation.

Void work



Section 17 (1) goes out on the permission to exercise the profession of music therapy



1. by eliminating a precondition required for the exercise of the profession of music therapy, or 2. If it emerges that one already originally has not passed required precondition for the exercise of the profession of music therapy, or 3 aground one longer than interruption lasting five years the profession of music therapy or 4. on the basis of waiver on the exercise of the profession of music therapy.

(2) the Federal Minister (the Minister) for health, family and youth has to perform the deletion from the list of music therapist, if necessary after obtaining an opinion of experts, in the cases of paragraph 1, as well as in the event of the death of the music therapist (the music therapist) and in the cases of paragraph 1 by decision establishing that permission to the exercise of the profession of music therapy and the leadership of the appropriate professional and additional designation does not exist. In this context, it is also to determine at what time the professional qualifications is extinguished or, if this cannot be determined, to the professional qualifications as extinguished is assumed when. In the case of the deletion of the previous entry in evidence to keep is. An any restore is possible with the appropriate General and specific conditions.

(3) trust in particular then falls off, if



1. the music therapist (the music therapist) has (its) professional conduct grossly violates his or despite warning repeatedly against his break (their) job duties and 2 unless the trust a conduct in accordance with no. 1 is not completely eliminated, has taken appropriate measures, which can expect a steady profession for the future.

(4) appropriate measures referred to in paragraph 3 are no. 2 in particular that



1 formal apology, 2. participation in an appropriate and recognized form of alternative dispute resolution, 3. completion of music therapeutic self experience, 4. completion of music therapeutic supervision, 5. repetition of training components of the music therapy training, 6 repayment of caused by the music therapy and the 7 expenses borne for the necessary follow-up treatment treated to carrying costs (of the), the treated (of the), 8 Unterziehung of a medical treatment, as well as 9 interruption of the profession of music therapy for the duration of the proceedings.


(5) the Federal Minister (the Minister) for health, family and youth has, if Z 2 not already meets the music therapist (the music therapist) the measures to be taken or the measures to be taken in accordance with paragraph 3 on the basis of an informal request, to determine this by decision. In determining the measures to be taken by the music therapist (by the music therapist), the Federal Minister (the Minister) has adequately taken into account the interests of the injured party, the public good, and the presence of danger in delay.

(6) the burden of proof for the existence of the trust Glaubhaftmachung carries the music therapist (the music therapist).

Information requirements



Section 18 (1) in paragraph 2 to 5 apply information obligations for those cases where a Sachwalterschaft's music therapist (music therapists) are (potentially) affected persons, the accused or the accused.

(2) the courts are obliged to notify the Federal Minister (the Minister) for health, family and youth about the appointment of a receiver (a champion), immediately.

(3) the public prosecutors are obliged the Federal Minister (the Minister) for health, family and youth



1.



the initiation and termination of an investigation, if there is a connection with the exercise of the profession of music therapy and



2. from the imposition and lifting of pre-trial detention to notify immediately.

(4) the criminal courts are obliged to inform the Federal Minister (the Minister) for health, family and youth of the termination of the main proceedings in accordance with the code of criminal procedure (StPO), Federal Law Gazette 1975 No. 631/1975, immediately.

(5) the administrative authorities are obliged, insofar as to administrative offences in connection with the exercise of the profession of music therapy, immediately reported to the Federal Minister (the Minister) for health, family and youth of the initiation and termination of criminal proceedings and to send him (her) a copy of the final penal order. The administrative authorities are obliged to reimburse these ads also the superior services of the music therapist (the music therapist), unless this (these) does music therapy in the context of a service relationship with a local authority or some other body of public law.

(6) the authorities, legal professional representatives, as well as the carriers of social security within their sphere of competence the Federal Minister (the Minister) for health, family and youth have to be his (her) desire that to meet (their) obligations to issue necessary information and the Federal Minister (the Minister) for health, family and youth in meeting its (their) duties under this Federal Act to support.

5. section

Music therapist list

Keeping the music therapist



Section 19 (1) the Federal Minister (the Minister) for health, family and youth has to do an electronic list of the persons entitled to the exercise of the profession of music therapy (music therapist list) to safeguard the public interest in a children collection.

(2) the Federal Minister (the Minister) for health, family and youth has to include the following mandatory and optional data of Music Therapists (music therapists):



1.



Registration number,





2.



Vorname(-n) and last name, where appropriate, birth name,





3.



Professional and additional designation together with the note on the scope of permission according to § 7 or article 8,



4. academic degrees, official title, awarded title and foreign titles and would, 5 date of birth and birthplace, 6 nationality, 7 principal residence or habitual residence, 8 address, 9 place of work (work places): a) designation, b) postal address, c) phone number, d) Web address (optional), e) E-Mail address (optional), 10 notes on work priorities and target group-oriented specializations (optional), 11 evidence of the ability to exercise the profession of music therapy in foreign languages (optional), 12 beginning of the exercise of the profession of music therapy , 13 notes on a break and a recovery, as well as on the extinction of the profession of music therapy, as well as 14 name of the music therapist (the music therapist), the (the) in the case of death, the obligation to store the documentation takes over (optional).

(3) that are data Z 1 to 4 and 9 to 13 to be published publicly and in an appropriate manner on the Internet accessible in accordance with paragraph 2.

Application for registration in the music therapist list



Section 20 (1) persons who intend to independently or sharing exercise of the profession of music therapy in Austria have is ahead of shooting practice at the Federal Ministry of health, to log on family and youth using a form fair of this hiefür and handwritten signature service or qualified electronic signature and for the detection of General and special conditions to submit required documents.

(2) registration recruiters (registration recruiters) in accordance with paragraph 1, aiming at the exercise of the profession of music therapy in the context of a service relationship and under the provisions of the aliens Employment Act, Federal Law Gazette No. 218/1975, fall, have to prove in addition the foreigner employment legal conditions for employment in Austria when the application referred to in paragraph 1.

(3) the showing of Health Fitness is to provide, by the registration recruiters (by the registration candidate) by a medical certificate stating, that he (they) no health impairments suffers from to, can not expect a reliable professional conduct. The medical certificate may not be older than three months at the time of the application for registration.

(4) the proof of the trust is through in particular the registration of advertisers (by the registration candidate)



1. a criminal record certificate or similar proof of origin or the country of origin and 2 where the legal and administrative provisions of the origin or the country of origin, by a disciplinary criminal record certificate or comparable evidence



to provide. No condemnation which does not expect a steady profession may be included in the certificate (certificates). The certificate (certificates) may (May) at the time of application for registration no older than three months.

(5) the Federal Minister (the Minister) for health, family and youth of a subject has knowledge which occurred outside the Federal territory and may be reasons for doubt with regard to the trust of registration affiliate (the registration candidate), he can (they) shall inform the competent authority of the State of and ask them to check the facts and give him (her) to communicate within three months , whether due to this the facts of the case against the person concerned



1 in this State is determined, or 2. a disziplinarrechtliches, administrative-criminal or penal proceedings are pending or 3. a disciplinary, administrative-criminal or penal measure was imposed.

(6) the registration of advertisers (the registration candidate) has to lead the work envisaged or the places of work envisaged in the application for registration.

(7) documents, which are not issued in the German language, are, unless this is required by the Minister for health, family and youth (by the Minister) to provide certified translated into.

Inclusion of optional data to the music therapist list



21. (1) the leadership of the following optional data from Music Therapists (music therapists) in the music therapist list by the Federal Minister (the Minister) for health, family and youth is permitted under the conditions of paragraph 2 and 3:



1 Web addresses of the place of work (the work places), 2 E-Mail addresses of the place of work (the places of work), 3. Notes on work priorities and target group-oriented specializations and 4. evidence of the ability to exercise the profession of music therapy in foreign languages.

(2) music therapist (music therapists) as well as registration recruiters (registration recruiters) are a request to guide optional data referred to in paragraph 1. In the latter case, the entry of the optional data requires the attainment of professional qualifications.

(3) the Federal Minister (the Minister) for health, family and youth has to record the requested optional data to the music therapist list, provided that such a recording



1. in the public interest 2. in line with the commitment to the advertising restrictions is available and 3 for an ordered collection is not an obstacle is.

Procedure for the registration in the music therapist list




Section 22 (1) the Federal Minister (the Minister) for health, family and youth has any registration without doing undue delay, but not later than within four months after receipt of the complete documentation of. This period is inhibited in the case of a request pursuant to § 20 paragraph 5 until such time, which received the information of the requested foreign party. In this case, the Federal Minister (the Minister) for health, family and youth has the procedure immediately upon receipt of the information or where the information within a period of three months after delivery of the request for a long to continue immediately after these three months.

(2) a person who complies with the General and specific conditions for the independent exercise of the profession of music therapy, is the Federal Minister (by the Minister) for health, family and youth, if necessary after obtaining an expert opinion, to enter as a "Music therapist" ("music therapist") additional named hinting on the permission to the autonomous exercise of the profession of music therapy.



(3) a person who complies with the General and specific conditions for the sharing of music therapy profession, is by the Minister (of the Minister) for health, family and youth, if necessary after obtaining an expert opinion as "Music therapist" ("music therapist") additional named hinting on the permission to practice of music therapy came to enter.

(4) the exercise of the profession of music therapy may be recorded only after the registration in the music therapist list.

Refusal of entry



23 a registration recruiters (a registered candidate) does not meet section the General or special conditions for the exercise of the profession of music therapy, the Federal Minister (the Minister) for health, to fail the music therapist list decision family and youth, provided that the application documents have fully arrived no later than within four months after their receipt.

Reporting requirements



Have written messages, if necessary, together with the corresponding evidence, to submit within one month of section 24 (1) music therapist (music therapists) the Federal Ministry of health, family and youth on the following facts:



1.



Change of name,





2.



Modification or acquisition of degrees,



3. change the nationality, 4. change of the main residence or of habitual residence, 5. change of delivery address, 6 change of work places (name, postal address, telephone number, and, if entered in the music therapist list the Web address and email address,), 7 change of work focusing on the music therapist list and target-group-oriented specializations, 8 change the music therapist list qualifications for the profession of music therapy in foreign languages,



9.



Interruption of the profession, when it will exceed more than three months, as well as





10.



Renunciation of the exercise of the profession.



(2) the Federal Minister (the Minister) for health, family and youth has to make the necessary amendments and additions to the music therapist list immediately.

Administrative cooperation



§ 25. The Federal Minister (the Minister) for health, family and youth has within his (their) scope to provide the information necessary for the application of the Directive 2005/36/EC the competent authorities of the other Contracting States of the EEA and the Swiss Confederation, in particular



1.



on the existence of criminal, criminal management, specific to restore trust measures relating to music therapist (music therapists), as well as other concerned these people serious exactly certain issues which could affect the exercise of their profession, and





2.



If not No. 1 to the application comes with regard to music therapists established in Austria (music therapists), providing temporary music therapeutic services in another EEA Contracting State or the Swiss Confederation want about the legality of their establishment and good management (trust) in Austria, as well as about the fact that there are no job-related measures in accordance with no. 1 against them.



6 article

Professional obligations

Management of professional titles



section 26.

(1) a person who is entitled to the autonomous exercise of the profession of music therapy, has in connection with the exercise of the profession



1.



the professional title "Music therapist" or "Music therapist" and





2.



as additional designation those academic degrees in abbreviated form, which was acquired due to the completion of the training for the responsible exercise of the profession of music therapy.





to lead.





(2) a person who is entitled to the came the music therapy profession, has in connection with the exercise of the profession



1.



the professional title "Music therapist" or "Music therapist" and





2.



as the additional label those academic degrees in abbreviated form, which was acquired due to the completion of the training for the sharing of music therapy profession,.





to lead.





(3) that is leadership of the profession - and additional designations in accordance with paragraphs 1 and 2 in connection with the exercise of the profession of music therapy are subject to the persons referred to in paragraphs 1 and 2.



(4) any label that is suitable to simulate the permission to the autonomous or came exercise of the profession of music therapy, is prohibited.



To the best of my knowledge and belief the profession



Section 27 (1) music therapist (music therapists) have to practice their profession with music therapy-scientific methods to the best of my knowledge and belief, and in accordance with the development of knowledge of science. You have the well-being of the sick and the protection of the healthy in compliance with the existing rules to maintain.

(2) Music Therapists (music therapists) have their profession personally and immediately, if necessary in cooperation with representatives (representatives) of his or any other science or profession to pursue. You can use but help people, in particular students of music therapy, if they act according to their exact orders and under their supervision.

(3) Music Therapists (music therapists) have to restrict itself to those areas of music therapy and treatment methods in the exercise of the profession, on (in) they have acquired proven knowledge and experience that.

(4) music therapist (music therapists) may treat a person only with their consent or, if necessary, consent (assent) whose legal representative (representative) or whose pension agent.

(5) Music Therapists (music therapists), who want to withdraw from the music therapy, have this intention of the covered person or, if necessary, to inform their legal representatives (representative) or whose pension agent in good time so that the more music therapeutic supply can be ensured.



Training duty



section 28. Music Therapists (music therapists) have the professional obligation to the profession to the best of our knowledge and belief in particular through regular visits by domestic or foreign training events on current developments and findings of music therapy and other job-relevant sciences as well as through the use of Super vision, overall at least to the extent of 90 units within a period of three years, to meet.



Duty of disclosure



§ 29 music therapist (music therapists) have in particular



1.



the planned treatment procedure





2.



the risks of treatment,





3.



the alternatives of the or to the music therapy as well as





4.



the cost of treatment





to enlighten.





Documentation requirements



Section 30 (1) music therapist (music therapists) have to keep a record of any music-therapeutic treatment of persons for the purpose of the profession according to our best knowledge and conscience under special consideration on the therapeutic relationship. The documentation has the following content, unless they subject of music therapy or for these have become important to include:



1.



Music therapy-related state of the person when taking over the treatment, especially any history of problems, diagnosis, disease, as well as existing disease history,



2. nature and scope of the music therapy services (applicable music therapeutic methods and forms of intervention),



3.



Beginning, course and termination of the music therapy services,



4. was education steps, 5.

agreed fee and other more agreements within the framework of the treatment contract, 6 consultations by professional colleagues (professional members), as well as by members of other health professionals or other relevant professions, 7. any recommendations for additional clarification, especially by physicians (medical doctors), clinical psychologists (psychologists), psychotherapists (psychotherapists) and dentists (dentists), in particular with a possible legal representative (any legal representative) or one of (a) any pension agent,



8.



Special events during treatment



9 carried out inspections in the documentation, as well as 10 justification of any refusal of the inspection of the documentation.

(2) the treated person or, if necessary, (their) preventive agent, as well as persons designated by the covered person as insight entitled insight into the documentation is their legal representatives (their legal representative) or their request to grant and to enable the production of copies against reimbursement of costs.

(3) Music Therapists (music therapists) are for the identification and processing of personal data referred to in paragraph 1, in particular also automatically, as well as to the transmission of this data to third parties, provided the consent of the covered person or, if necessary, its legal representative (their legal representative) or her (their) preventive agent. Is the identification, processing and transmission of data automatically, so this requires the written consent.

(4) Music Therapists (music therapists) have at least 10 years to keep the documentation referred to in paragraph 1.

(5) in the event of the death of one (one) operating outside a facility Music Therapists (music therapist), heir (the heir) or the other successor in title (the other successor) undertakes, while respecting the privacy of (their) relevant documentation about treatments outside of facilities for the corresponding to the obligation period against reimbursement of costs



1 a (a) the deceased Music Therapists (by the late music therapist) in time the Federal Ministry for health, family and youth in writing music therapist (music therapist), designated by (the) exerts the profession outside a facility and in these naming and obligations acceptance in writing agreed, or 2. If the requirements referred to in no. 1 are not available, one of (a) any third party to be determined by the Minister for health, family and youth (by the Minister) to deliver.

(6) persons referred to in para 5 Nos. 1 and 2 occur in the obligation to store the documentation and music therapy subject to secrecy. You have requested the treated person or, if necessary, its legal representative (their legal representative) or her (their) preventive agent as well as a person, which treated by the person was authorized to hand over the relevant documentation that (this). The fulfilment of the obligation in the appropriate automation-supported form is allowed. After the expiry of the duration of the storage period, the documentation is to destroy beyond recovery.

Information disclosure



Section 31 (1) music therapist (music therapists) have to provide all information about the treatment the treated person.

(2) Music Therapists (music therapists) have



1 the legal representative (legal representative) or the (the) pension agent of the covered person and 2 persons, the treated person of information entitled were named to provide information concerning the treatment as they do not threaten the relationship of trust with the treated person insofar as the.

Obligation of secrecy



Section 32 (1) (music therapists) music therapists and their assistants including students of music therapy are sworn to secrecy about all the secrets entrusted to them in the exercise of their profession or their practical music therapy training or known.

(2) a birth of secrecy for the purpose of testimony before a court or an administrative authority is allowed as a personal right only by the einsichts - and astute treated person.

Advertising restrictions and ban on commissions



Section 33 (1) music therapist (music therapists) have to contain any irrelevant or untrue information in connection with the exercise of their profession.

(2) music therapist (music therapists) may give any remuneration for the assignment or recommendation by people to music therapy, take or secure to leave. Legal transactions that violate this prohibition, are null and void. Benefits from such transactions can be recovered.

(3) the carrying out of the activities forbidden in accordance with paragraphs 1 and 2 also other physical and legal persons is prohibited.

Liability insurance



The responsible person entitled Music Therapists (music therapists) have section 34 (1) to complete a liability insurance with an insurer authorised to conduct business in Austria to cover the damages arising from the exercise of the profession and to maintain it for the duration of their professional qualifications.

(2) the following must be for the insurance contract:



1. the minimum insurance sum has to be 400 000 euros for each insured event.

2. the exclusion or a time limit of for liability of the insurer is not permitted.

(3) the insurer shall automatically and immediately to report any circumstance the Federal Minister (the Minister) for health, family and youth, which means a termination or limitation of the insurance coverage or a deviation from the original insurance certificate or may mean, and to provide information at the request of the Federal Minister (the Minister) for health, family and youth of such circumstances.

(4) the responsible person entitled Music Therapists (music therapists) have on the existence of liability insurance the Federal Minister (the Minister) for health, family and youth which at any time to prove (their) request.

7 section

Penal provisions



Penal provisions



35. (1) if



1.



Music therapy professional exercises, without being do so entitled under this Federal Act, or





2.



someone who may not do so by this federal law, attracts to the professional practice of music therapy



commits, unless the Act constitutes not a criminal offence falling within the jurisdiction of the courts, an administrative offence and is fined to punish up to 4,000 euros.

(2) if



1.



a serious danger to body, life or health of a person is made the Act referred to in paragraph 1 or





2.



the culprit (the perpetrator) has been punished twice already because of unauthorized professional practice of music therapy or unauthorized use for the professional practice of music therapy,.



is the culprit (the perpetrator) fined to punish up to EUR 25 000.

(3) who the



1.



in §§ 15 par. 2 and 3, 20 para of 2, 22 para of 4, 24, paragraph 1, 26 para 1, 2 and 4, 27, 28, 29, 30, 31, 32 para 1, 33, 34, 36 paragraph 4 and 5 as well as 37 para 4 and 5 contained orders or prohibitions or





2.



Arrangements contained in the regulations adopted on the basis of this Federal Act or prohibited



contravenes commits an administrative offence, unless the Act constitutes not a criminal offence falling within the jurisdiction of the courts and fined to punish up to 2 500 euro.

(4) the attempt is punishable.

(5) the limitation period administrative penal code 1991 (VStG), Federal Law Gazette is by way of derogation from § 31 para. 1 No. 52/1991, a year.

8 section

Transitional provisions

Permission to the autonomous exercise of the profession of music therapy



section 36.

(1) the Federal Minister (the Minister) for health, family and youth has to enter also those persons in the music therapist list, if necessary after obtaining an expert opinion and possibly a personal hearing, which until no later than two years after entry into force of this federal law when the Federal Minister (Minister) for health, family and youth applied for entry on the list of the music therapist and meet the following requirements:



1.



The University entrance qualification, proof





2.



Glaubhaftmachung of an at least a total three-year music therapy activities with a duration of at least 10 therapy sessions per week in the last ten years prior to entry into force of this federal law,





3.



Own permission,





4.



Evidence of Health Fitness necessary for the performance of professional conduct,



5. proof of trust necessary for the performance of professional duties, as well as



6.


either proof of successful completion of one of the following training courses:




a)



Special training in music therapy at the Academy for music and Performing Arts Vienna,





b)



Training in music therapy at the University of music and Performing Arts Vienna,





c)



Short study music therapy at the University of music and Performing Arts Vienna (University of music and Performing Arts Vienna) or an equivalent foreign training,





d)



Course of Oriental music therapy at the Institute for ethno music therapy, unless this was begun after January 1, 1997.





7.



or proof of a music therapy qualification, which enables to the autonomous exercise of the profession of music therapy to best of our knowledge and belief including clinical treatment with particular reference to the clinical psychological, medical and psychotherapeutic scientific basis and, in this context at least 1800 units music therapeutic education, training and training including





a)



Self-awareness in the circumference of at least 200 units,





b)



Conditions for the exercise of the profession of music therapy, in particular, an introduction to the institutional, health and psycho-social conditions, of at least 60 units, as well as





c)



Questions of ethics to the extent of at least 60 units





have been completed.



(2) for the registration in the music therapist list are the articles 20 to 23 apply mutatis mutandis. The Federal Minister (the Minister) for health, family and youth has persons who do not meet the conditions referred to in paragraph 1, to refuse the registration decision.

(3) the persons referred to in paragraph 1 are eligible for entry on the list of music therapist to autonomous practice of music therapy including arrangement and supervision in accordance with § 8.

(4) the persons referred to in paragraph 1 are entitled to entry on the list of music therapist to guide the professional title "Music therapist" ("music therapist") and do so committed in connection with the exercise of the profession.



(5) persons with a qualification referred to in paragraph 1 Z 7 to have entered on the list of music therapist, by way of derogation from article 28, total amounting to 180 units within a period of three years from the date of registration in the music therapist list complete or foreign training including supervision. The completion of this special training is the Federal Minister (the Minister) for health, unsolicited immediately after this period in writing to prove family and youth. Unjustified failure to perform is considered eliminating a condition necessary for the exercise of the profession of music therapy.



(6) in addition, the provisions of this Federal Act shall apply.



Permission to practice of music therapy came







section 37.

(1) the Federal Minister (the Minister) for health, family and youth has to enter also those persons in the music therapist list, if necessary after obtaining an expert opinion and possibly a personal hearing, which until no later than two years after entry into force of this federal law when the Federal Minister (Minister) for health, family and youth applied for entry on the list of the music therapist and meet the following requirements:



1.



The University entrance qualification, proof





2.



Proof of a music therapy qualification, which enables to practice of music therapy came after best knowledge and conscience including clinical treatment with particular reference to the clinical psychological, medical and psychotherapeutic scientific basis and, in this context at least 1200 units of music therapeutic education, training and training including





a)



Self-awareness in the circumference of at least 200 units,





b)



Conditions for the exercise of the profession of music therapy, in particular, an introduction to the institutional, health and psycho-social conditions, by at least 30 units, as well as





c)



Questions of ethics to the extent of at least 30 units





completed were,.





3.



Glaubhaftmachung of an at least a total three-year music therapy activities with a duration of at least 10 therapy sessions per week in the last ten years prior to entry into force of this federal law,





4.



Own permission,





5.



Evidence of Health Fitness necessary for the performance of professional conduct and



6. proof of trust necessary for the performance of professional duties.



(2) for the registration in the music therapist list are the articles 20 to 23 apply mutatis mutandis. The Federal Minister (the Minister) for health, family and youth has persons who do not meet the conditions referred to in paragraph 1, to refuse the registration decision.



(3) the persons referred to in paragraph 1 are entitled to entry on the list of music therapists to practice of music therapy came.



(4) the persons referred to in paragraph 1 are entitled to entry on the list of music therapist to guide the professional title "Music therapist" ("music therapist") and do so committed in connection with the exercise of the profession. You have to indicate the scope of the permission to practice in accordance with § 8 came in connection with the exercise of the profession.



(5) the persons referred to in paragraph 1 to have entered on the list of music therapist, by way of derogation from article 28, total amounting to 180 units within a period of three years from the date of registration in the music therapist list complete or foreign training events, including super vision. The completion of this special training is the Federal Minister (the Minister) for health, unsolicited immediately after this period in writing to prove family and youth. Unjustified failure to perform is considered eliminating a condition necessary for the exercise of the profession of music therapy.



(6) in addition, the provisions of this Federal Act shall apply.



9 section



Final provisions



Enforcement



section 38. With the completion of this federal law, the Federal Minister (the Minister) is responsible for health, family and youth.

Entry into force



39. (1) this Federal Act July 1, 2009 into force.

(2) Regulations under this Federal Act can be adopted as of the day following its publication. they may be used at the earliest with effective July 1, 2009.

Fischer

Gusenbauer

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