93. Federal Act on the Professional Exercise of Music Therapy (Musiktherapiegesetz-MuthG)

The National Council has decided:

table of contents

Section 1
General provisions
§ 1	Subject-matter
§ 2	Scope
§ 3	Implementation of Community law
§ 4	Linguistic equality
§ 5	Definitions and references
Section 2
Rewriting and forms of professional practice
§ 6	Job sump
§ 7	Self-responsible professional practice of music therapy
§ 8	Responsible professional practice of music therapy
Section 3
Musical therapy training
§ 9	Training for the responsible professional practice of music therapy
§ 10	Training for the self-governing professional practice of music therapy
§ 11	Training Regulation
Section 4
Professional authority
§ 12	Prerequisites for the self-responsible practice of music therapy
§ 13	Prerequisites for the responsible professional practice of music therapy
§ 14	Musical Therapeutic Qualifications from the EEA
§ 15	Free movement of services
§ 16	EEA-Music Therapy-Regulation
§ 17	Erasing the right to work
§ 18	Information requirements
Section 5
Music Therapy List
§ 19	Guided tour of the music therapist list
§ 20	Registration for registration in the music therapist list
Section 21	Inclusion of facultative data in the music therapy list
Section 22	Procedure for entry in the music therapist list
Section 23	Failure to register
§ 24	Reporting requirements
Section 25	Administrative cooperation
6.
Professional duties
Section 26	Management of professional titles
§ 27	Professional practice to the best of your knowledge and conscience
§ 28	Obligation to continue
§ 29	Obligation to provide information
§ 30	Documentation Light
Section 31	Obligation to provide information
Section 32	Confidentiality of Obligations
§ 33	Advertising restriction and ban on commission
Section 34	Liability insurance
Section 7
Criminal provisions
§ 35	Criminal provisions
8. Section
Transitional provisions
§ 36	Authority to exercise self-responsibility in the field of music therapy
Section 37	Right to participate in the professional exercise of music therapy
Section 9
Final provisions
§ 38	Enforcement
§ 39	entry into force

Section 1

General provisions

Subject-matter

§ 1. This federal law regulates the professional exercise of music therapy with special attention to the

1.		music therapy training,
2.		Forms of professional practice,
3.		the conditions for the exercise of the profession,
4.		Guided tour of the music therapist list as well as
5.		Professional duties.

Scope

§ 2. (1) The professional exercise of music therapy may only be carried out in accordance with the provisions of this Federal Law.

(2) The professional practice of music therapy is to be found in the 1994 Commercial Code, BGBl. No. 194, no application.

Implementation of Community law

§ 3. Through this federal law,

1.		Directive 2005 /36/EC of 7 September 2005 on the recognition of professional qualifications, OJ L 327, 22.12.2005, p. No. 22, as last amended by Regulation (EC) No 1430/2007, OJ L 255, 30.9.2007, p. No. OJ L 320, 06.12.2007 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 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 OJ L 270, 29.09.2006 p. 67,
3.		Directive 2003 /109/EC of 25 November 2003 on the legal status of third-country nationals who are long-term residents, OJ L 327, 22.12.2003, p. No. OJ L 16, 23.01.2004 p. 44 and
4.		Directive 2004 /38/EC of 29 April 2004 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 the 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, 22.7.1990, p. No. OJ L 158 of 30.04.2004 p. 77, as amended, OJ L 327, 28.11.2004, p. No. OJ L 229, 29.06.2004 p. 35,
to be transposed into Austrian law.

Linguistic equality

§ 4. (1) Person-related names are used in this federal law in female and male or in gender neutral form. If, in exceptional cases, personal names are used for the purpose of maintaining the appropriate legibility in a gender-specific form, they shall refer to women and men in the same way.

(2) In the case of the enforcement of this federal law, the respective sex-specific address or designation must be used with regard to a particular person.

Definitions and references

§ 5. (1) The following definitions shall apply within the scope of this Federal Act: Unless otherwise specified in the individual provisions of this Federal Act, the terms and conditions shall apply.

1.		, "Music Therapist" ("Music Therapist"),
2.		"Music therapy" as well as
3.		,, musictherapeutical "
to persons who are entitled to exercise their own responsibility or to carry out the professional exercise of music therapy.

(2) Where reference is made in this Federal Act to provisions of other federal laws, these are to be applied in their respectively applicable version.

Section 2

Rewriting and forms of professional practice

Job sump

§ 6. (1) Music therapy is an independent, scientific-artistic-creative and expressive form of therapy. It comprises the deliberate and planned treatment of people, in particular with emotional, somatic, intellectual or social behavioural disorders and suffering, through the Use of musical means in a therapeutic relationship between one (one) or one (one) and one (one) or more with the target

1.		Symptoms N to prevent, mitigate or eliminate them, or
2.		changing behaviors and attitudes that need to be treated, or
3.		Promote and maintain or restore the development, maturation and health of the treated person.

(2) The exercise of the profession of music therapy shall consist 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 exercise of music therapy is reserved for music therapists (music therapists). Other persons other than music therapists (music therapists) are forbidden to perform music therapy. Professional exercise (professional practice) of music therapy is available if music therapy is operated on a regular basis and with the intention of providing a return or other economic advantage for the creation and maintenance of a livelihood, including of a secondary source of income.

(4) In the context of an employment relationship, the professional exercise of music therapy is only permitted for a institution of a hospital, a nursing home, a disability facility or a comparable facility.

Self-responsible professional practice of music therapy

§ 7. (1) The self-responsible practice of music therapy consists in the self-responsible execution of the activities described in § 6, regardless of whether these activities are carried out freelance or as part of an employment relationship. .

(2) If the professional practice of music therapy is performed for the purpose of treatment of acute and chronic diseases or rehabilitation, it has been shown that before or after the first treatment, at least before the second treatment of the music therapy, a Allocation by

1.		a doctor (a doctor), or
2.		a clinical psychologist (a clinical psychologist) or
3.		a psychotherapist (a psychotherapist) or
4.		a dentist (a dentist)
instead of finding.

Responsible professional practice of music therapy

§ 8. The responsible professional practice of music therapy consists in the execution of the activities described in § 6 in the context of an employment relationship by order of

1.		a doctor (a doctor), or
2.		a clinical psychologist (a clinical psychologist) or
3.		a Self-authorised persons Music therapists ( a self-authorised person music therapist) or
4.		a psychotherapist (a psychotherapist) or
5.		a dentist (a dentist) and
under regular supervision by a person responsible for their own responsibility Music therapists ( a self-authorised person Music therapist) to the extent necessary.

Section 3

Musical therapy training

Training for the responsible professional practice of music therapy

§ 9. (1) Who the person responsible for the profession of music therapy intends to do so after obtaining the university entrance qualification as a training

1.		a bachelor's degree in music therapy at an Austrian university, or
2.		a university of applied sciences degree course in music therapy at an Austrian university of applied sciences
successfully to complete.

(2) The training has the necessary theoretical and practical training contents, including the acquisition of clinical medical treatment experience, for a co-responsible professional practice of music therapy to the best of its knowledge and conscience. , taking particular account of the clinical-psychological, medical and psychotherapeutic scientific bases.

(3) In the course of training,

1.		self-experience to the extent of at least 200 units,
2.		Framework conditions for the professional exercise of music therapy, in particular an introduction to the institutional, health and psychosocial conditions, of at least 30 units, as well as
3.		Questions of ethics to the extent of at least 30 units
.

Training for the self-governing professional practice of music therapy

§ 10. (1) Who The person responsible for the profession of music therapy intends, after obtaining the university entrance qualification, as a training

1.		a diploma course of music therapy at an Austrian university, or
2.		a technical college diploma in music therapy at an Austrian university of applied sciences or
3.		After fulfilling the training requirements for the responsible professional practice of music therapy, a master's degree in music therapy at an Austrian university, or
4.		After fulfilling the training requirements for the responsible professional practice of music therapy, a master ' s degree course in music therapy at an Austrian university of applied sciences
successfully to complete.

(2) The training shall have the theoretical and practical training contents, including the acquisition of clinical medical treatment experience, necessary for an independent professional exercise of music therapy to the best of its knowledge and conscience. , taking particular account of the clinical-psychological, medical and psychotherapeutic scientific bases.

(3) In the framework of the training referred to in paragraph 1, Z 1 and 2,

1.		self-experience to the extent of at least 200 units,
2.		Framework conditions for the professional practice of music therapy, in particular an introduction to the institutional, health and psychosocial conditions, of at least 60 units, as well as
3.		Questions of ethics to the extent of at least 60 units
.

(4) In the context of the training referred to in paragraphs 1 and 4, the third and fourth paragraphs shall be

1.		Framework conditions for the professional exercise of music therapy, in particular an introduction to the institutional, health and psychosocial conditions, of at least 30 units and
2.		Questions of ethics to the extent of at least 30 units
.

Training Regulation

§ 11. The Federal Minister (Federal Minister) for Health, Family and Youth has, if necessary, more detailed provisions on the skills required in the course of training for the responsible and self-responsible professional practice of the Music therapy must be acquired, including the minimum requirements for training, by regulation.

Section 4

Professional authority

Prerequisites for the self-responsible practice of music therapy

§ 12. (1) For the self-responsible practice of music therapy, proof of the fulfilment of the following general and special requirements as well as the registration in the music therapist list, if necessary after the completion of the course, requires the following: Consultation of experts.

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

1.		self-entitlement,
2.		the health suitability necessary for the fulfilment of the professional duties, and
3.		the degree of trustworthiness required for the fulfilment of the professional duties.

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

1.		the successful completion of the training for the self-responsible practice of music therapy and the issuing of the relevant certificate on the award of the academic degree (the relevant documents on the presentation of the academic degrees) or
2.		the acquisition of a training certificate to be equivalent to Z 1:
a)			a musictherapeutic qualification certificate acquired pursuant to section 14 (1), taking into account, where applicable, § 14 (2), in an EEA State Party or in the Swiss Confederation of Musical Therapeutic Qualification or
b)			a degree or a degree from an Austrian university or an Austrian university of applied sciences, which offers an education for the self-responsible practice of music therapy, or
c)			a diploma in musictherapeutic education at a post-secondary educational institution in Germany or abroad, provided that it is provided by an Austrian university or an Austrian university of applied sciences, which is training for the offers independent professional practice of music therapy when it was recognized as equivalent.

Prerequisites for the responsible professional practice of music therapy

§ 13. (1) The professional practice of music therapy requires proof of the fulfilment of the following general and special requirements as well as the registration in the music therapist list, if necessary after hearing of experts.

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

1.		self-entitlement,
2.		the health suitability necessary for the fulfilment of the professional duties, and
3.		the degree of trustworthiness required for the fulfilment of the professional duties.

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

1.		the successful completion of the training for the responsible professional practice of music therapy and the issuing of the relevant certificate on the award of the academic degree or
2.		the acquisition of a training certificate to be equivalent to Z 1:
a)			a musictherapeutic qualification certificate acquired pursuant to section 14 (1), taking into account, where applicable, § 14 (2), in an EEA State Party or in the Swiss Confederation of Musical Therapeutic Qualification or
b)			a degree or a degree from an Austrian university or an Austrian university of applied sciences, which offers an education for the responsible professional practice of music therapy, or a degree in the field of music, or
c)			a diploma in musictherapeutic education at a post-secondary educational institution in Germany or abroad, provided that it is provided by an Austrian university or an Austrian university of applied sciences, which is training for the offers the responsible professional practice of music therapy when it was recognized as equivalent.

Musical Therapeutic Qualifications from the EEA

§ 14. (1) The Federal Minister (The Federal Minister) has qualifications for the regulated profession of music therapist (the music therapist) in the form of the

1.		Self-perpetuating professional practice of music therapy or
2.		co-responsible professional practice of music therapy,
issued by the competent authorities of an EEA Contracting State or of the Swiss Confederation to one of the nationals of an EEA Contracting State or of the Swiss Confederation, in accordance with the provisions of the Directive 2005 /36/EC on equivalence of professional qualifications, if necessary with an expert opinion. The attainment of the right to work must be made subject to the condition of successful completion of a compensatory measure, provided that the completed training is carried out, taking into account the knowledge acquired in the course of work experience, and Experience significantly different from the corresponding Austrian training.

(2) Persons who are not nationals of an EEA Contracting State or of the Swiss Confederation 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 of Austrian nationals who are entitled to freedom of movement, are entitled to reside and have access to the Permanent residence card according to § 54 NAG,
are equivalent to nationals of an EEA Contracting State with regard to the application of Directive 2005 /36/EC.

(3) The Federal Minister (The Federal Minister) for Health, Family and Youth has nationals of an EEA Contracting State or of the Swiss Confederation who are professionally engaged in music therapy in Austria for the purpose of: Provision of services in another EEA State Party or of the Swiss Confederation upon request to issue a certificate certifying that the person concerned

1.		professional music therapy is legally exercised in Austria, and
2.		the qualification certificate required for the professional exercise.
If the person's professional qualification is extinguished, the Federal Minister (the Federal Minister) for health, family and youth must, if necessary, determine the extinguishing of the professional authority in a modest manner and the certificate issued if necessary, by applying the Administrative Enforcement Act 1991 (VVG), BGBl. No 53/1991.

Free movement of services

§ 15. (1) The nationals of an EEA Contracting State or of the Swiss Confederation who are legally exercising the music therapy in one of the other EEA States Parties or the Swiss Confederation shall be entitled to do so by their nationals. A foreign place of work in the context of the provision of services for the purposes of the temporary transfer of music therapy in Austria without being registered in the music therapist list.

(2) Before carrying out an activity within the meaning of paragraph 1, which requires a temporary stay in the federal territory, the service provider (the service provider) has the Federal Minister (the Federal Minister) for Health, Family and Youth

1.		in writing, by means of a form to be laid down by the Federal Ministry of Health, Family and Youth, at least the date, the duration, the nature and the place of activity and the date of the activity; and
2.		to submit a certificate issued by the competent authority of the Member State of origin or the country of origin, which may not be more than 12 months old when it is presented, stating that the service provider (the service provider) is the person responsible for the The professional practice of music therapy requires diplomas, certificates or other evidence of formal qualifications and that the music therapy is legally practising in the home country.
If a prior notification is not possible for reasons of urgency, in particular in the event of imminent danger of life or serious damage to the health of the patient (the patient) or third parties, the agreement shall immediately after the provision of the service.

(3) The notification in accordance with paragraph 2 is

1.		to renew once a year if the provider of the service (the service provider) intends to carry out activities within the meaning of paragraph 1 during the year in question and, irrespective of that,
2.		in the event of a substantial change in activity, to be reimbursed immediately.

(4) lays down a service provider (a service provider) in the notification referred to in paragraph 2

1.		a certificate of formal qualifications obtained in an EEA State Party or the Swiss Confederation, which does not fulfil all the training requirements referred to in Article 34 of Directive 2005 /36/EC, or
2.		a training certificate issued outside the European Economic Area or the Swiss Confederation, including a certificate of three years of professional experience in the field of music therapy in the The territory of that EEA Contracting State or of the Swiss Confederation which has recognised that evidence of formal qualifications (Article 10 lit. g in conjunction with Article 3 (3) of Directive 2005 /36/EC),
, the Federal Minister for Health, Family and Youth (Federal Minister) may, before taking up the activity within the meaning of paragraph 1, check the musictherapeutic qualification of the service provider (the service provider) in order to: a serious adverse effect on the health of the recipient (the recipient of the services) on the basis of the lack of professional qualifications to be prevented.

(5) On the decision concerning the verification of the professional qualification referred to in paragraph 4 or the Federal Minister (the Federal Minister) for health, family and youth the service provider (the service provider) has to inform the service provider within one month after complete notification in accordance with paragraph 2. If difficulties arise which could lead to a delay in the decision, the service provider (the service provider) shall, within one month, be informed of the reasons for the delay and the timetable for the decision. . The decision relating to the verification shall be made no later than two months after the submission of the complete dossier.

(6) The verification of the professional qualification referred to in paragraph 4 provides that a substantial difference between the qualification of the service provider (the service provider) and the corresponding training evidence in accordance with § 9 or § 10 , which could endanger the health of the recipient of the service (the recipient of the service), the Federal Minister (the Federal Minister) for Health, Family and Youth has the service provider (the service provider) within one month of notification of the decision, the The possibility to prove the lack of knowledge and experience in the course of an aptitude test. If the service provider (the service provider) cannot prove the lack of knowledge and experience in the context of the aptitude test, the Federal Minister (the Federal Minister) for Health, Family and Youth has this (this) prohibit the exercise of the activities referred to in paragraph 1.

(7) Persons in accordance with paragraph 1 shall be subject to the professional duties applicable to music therapists (music therapists) in the case of provision of the service. If the service provider (the service provider) is in breach of these obligations, the Federal Minister (the Federal Minister) for health, family and youth has to do so without delay with the competent authority of his home country .

EEA-Music Therapy-Regulation

§ 16. The Federal Minister (The Federal Minister) for Health, Family and Youth has a closer look at the qualifiers for qualification from the EEA and the Swiss Confederation, in particular on the implementation of the examination of the Equivalence of professional qualifications and the establishment of compensatory measures to be determined by regulation.

Erasing the right to work

§ 17. (1) The entitlement to practise the profession of music therapy shall be deleted

1.		in the absence of a condition necessary for the profession of music therapy, or
2.		if it emerges that a prerequisite for the professional practice of music therapy has not existed in the initial stage, or
3.		in the case of an interruption of the professional exercise of music therapy, which lasts longer than five years, or
4.		on the basis of the waiver of the professional practice of music therapy.

(2) The Federal Minister (Federal Minister) for Health, Family and Youth has, if necessary, After obtaining an expert opinion, in the cases of paragraph 1 as well as in the case of death of the music therapist (the music therapist) carry out the deletion from the list of music therapists and, in the cases referred to in paragraph 1, be informed that the right to practise the profession of music therapy and to maintain the relevant professional and additional title does not exist. In this context, it is also possible to determine the date on which the vocational training gun g or, if it cannot be ascertained, at which point the right to work is accepted as an erloc. In the case of deletion, the previous entry is to be held in evidence. A possible re-entry is possible if the corresponding general and special conditions are fulfilled.

(3) The trustworthiness shall be taken away in particular when:

1.		the music therapist (the music therapist) violates his (her) professional duties in a grossly violable way or has repeatedly violated his (her) professional duties in spite of a reminder and,
2.		provided that the trustworthiness is not completely eliminated by a conduct in accordance with Z 1, no appropriate measures have been taken that can be expected to provide a reliable professional exercise for the future.

(4) The appropriate measures referred to in paragraph 3 (2) are, in particular, the

1.		formal apology,
2.		participation in an appropriate and recognised form of alternative dispute resolution,
3.		Completion of music-therapeutic self-experience,
4.		Completion of music therapy supervision,
5.		Repetition of training courses in music therapy training,
6.		repayment of the costs incurred by the musictherapy treatment and borne by the person (s) to be treated,
7.		Cost support for the necessary follow-up treatment of the (the) treatment,
8.		Undertraining of a medical treatment and
9.		Interruption of the professional practice of music therapy for the duration of the procedure.

(5) The Federal Minister (Federal Minister) for Health, Family and Youth has, if the music therapist (the music therapist) does not already have the measure to be taken or the measures to be taken pursuant to paragraph 3 Z 2 not already due to a formless The request shall be made to identify them. In determining the measures to be taken by the music therapist (from the music therapist), the Federal Minister (the Federal Minister) has appropriate the interests of injured parties, the public good and the existence of danger in default. consideration.

(6) The burden of proof for the Credibility The music therapist (the music therapist) is responsible for the existence of trustworthiness.

Information requirements

§ 18. (1) The information requirements set out in paragraphs 2 to 5 shall apply to cases in which music therapists (music therapists) are persons, accused or defendants who are subject to a legal guardianship (potentially).

(2) The courts are obliged to inform the Federal Minister (the Federal Minister) for health, family and youth about the appointment of a Sachwalter (a non-specialist), immediately.

(3) The public prosecutors are obliged to meet the Federal Minister for Health, Family and Youth (Federal Minister)

1.		the initiation and termination of an investigation, in so far as there is a connection with the professional practice of music therapy, and
2.		from the suspension and the lifting of pre-trial detention
to be notified without delay.

(4) The criminal courts are obliged to the Federal Minister (the Federal Minister) for health, family and youth from the termination of the main proceedings in accordance with the Criminal Procedure Code 1975 (StPO), BGBl. No 631/1975, to be notified without delay.

(5) The administrative authorities are obliged, in so far as they are administrative transgressions in connection with the professional exercise of music therapy, to the Federal Minister (the Federal Minister) for health, family and youth from the introduction and To immediately inform the end of a criminal proceedings and to send him (her) a copy of the legally binding penal code. The administrative authorities shall also be obliged to reimburse these advertisements to the department of music therapist (the music therapist), provided that the music therapist (s) is responsible for the treatment of music in the course of a service A local authority or a different body of public law.

(6) The authorities, legal professional representations and the institutions of social security have within their sphere of action the Federal Minister (the Federal Minister) for health, family and youth on his (her) request to be fulfilled to provide the necessary information to his (her) obligations and to assist the Federal Minister (the Federal Minister) for health, family and youth in the performance of his (her) duties under this federal law.

Section 5

Music Therapy List

Guided tour of the music therapist list

§ 19. (1) The Federal Minister (Federal Minister) for Health, Family and Youth has an electronic list of persons entitled to practise music therapy for the purpose of safeguarding the public interest in an orderly collection. (Music therapist list).

(2) The Federal Minister (The Federal Minister) for Health, Family and Youth has the following mandatory and optional data of the music therapists (music therapists):

1.		Entry number,
2.		First name (-n) and surname, where applicable, birth name,
3.		Professional and additional title, including the indication of the scope of the authorization pursuant to § 7 or § 8,
4.		academic degrees, official titles, titles awarded, and foreign titles and dignitions,
5.		birth date and place of birth,
6.		nationality,
7.		Main residence and/or habitual residence,
8.		delivery address,
9.		Place of work (places of work):
a)			Name,
b)			postal address,
c)			Phone number,
d)			Web address (optional),
e)			E-mail address (optional),
10.		References to work priorities and target group-oriented specialisations (optional),
11.		Notes on the ability to practise music therapy in foreign languages (optional),
12.		Start of the professional practice of music therapy,
13.		Notes for an interruption and a resumption, as well as the deletion of the professional practice of music therapy, as well as
14.		Name of the music therapist (the music therapist) who, in the case of death, assumes the obligation to keep the documentation (optional).

(3) The data referred to in paragraph 2 (2) (1) to (4) and (9) to (13) shall be made public and in a suitable manner generally accessible on the Internet.

Registration for registration in the music therapist list

§ 20. (1) Persons intending to pursue the profession of music therapy in Austria, who are responsible for their own responsibility or with responsibility, have become members of the Federal Ministry of Health prior to the commending of their professional activities. To register the family and youth by means of a form to be laid down by the latter and by means of a personal signature, or by means of a qualified electronic signature, and to provide proof of the general and special nature of the document. To present the necessary documents.

(2) Eintragungswerber (Eintragungswerberinnen) according to paragraph 1, who wish to pursue the professional practice of music therapy in the context of a service relationship and under the provisions of the Foreigners Employment Act, BGBl. No 218/1975, in the case of the application in accordance with paragraph 1, the fulfilment of the conditions governing foreign employment for employment in Austria must also be demonstrated.

(3) The proof of fitness for health is to be provided by the registration advertiser (from the registration advertiser) through a medical certificate stating that he (she) does not suffer from any health impairments, which are a reliable Do not expect to be able to practise. The medical certificate may not be older than three months at the time of registration for registration.

(4) The proof of trustworthiness is provided by the entry-level advertiser (from the trader), in particular by:

1.		a certificate of criminal records or a comparable proof of the State of origin or of the country of origin; and
2.		provided that the laws, regulations and administrative provisions of the Member State of origin or the State of origin are provided for, 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.

(5) If the Federal Minister for Health, Family and Youth has knowledge of a situation which has occurred outside the territory of the Federal Republic of Germany and could be appropriate, doubt as to the trustworthiness of the (s), he (s) may inform the competent authority of the State concerned and ask them to examine the facts and to inform him (s) within three months of whether he or she has been the facts of the case against the person concerned

1.		in that State, or
2.		is subject to a disciplinary, administrative or criminal proceedings, or
3.		a disciplinary, administrative or criminal law measure has been imposed.

(6) In the application for registration, the registration advertiser (the registration advertiser) shall have the prospective place of work, or the places of work envisaged, to be listed.

(7) If the Federal Minister for Health, Family and Youth is required to do so, the German Federal Minister for Health, Family and Youth shall also present evidence that is not issued in the German language, even in certified translations.

Inclusion of facultative data in the music therapy list

§ 21. (1) The management of the following optional data from music therapists (music therapists) in the music therapist list by the Federal Minister (the Federal Minister) for health, family and youth is subject to the conditions set out in paragraphs 2 and 3 allowed:

1.		Web addresses of the place of work (of the places of work),
2.		E-mail addresses of the place of work (the places of work),
3.		References to working priorities and target group-oriented specialisations, as well as
4.		Notes on the ability to practise the profession of music therapy in foreign languages.

(2) A request for the guidance of optional data as referred to in paragraph 1 can be submitted to both music therapists (music therapists) and to entry-level advertisers (entry-level advertising). In the latter case, the registration of the optional data requires the obtaining of the right of professional qualification.

(3) The Federal Minister (The Federal Minister) for Health, Family and Youth has to include the requested optional data in the list of music therapists, provided that such a recording

1.		is in the public interest,
2.		is in accordance with the obligation to restrict advertising, and
3.		is not hindering for an orderly collection.

Procedure for entry in the music therapist list

§ 22. (1) The Federal Minister (The Federal Minister) for health, family and youth has to complete each application without unnecessary delay, but at the latest within four months after the receipt of the complete documents. This time limit shall be inhibited in the event of a request pursuant to section 20 (5) to that date in which the information of the requested foreign body is received. In this case, the Federal Minister (the Federal Minister) for health, the family and the youth shall immediately after receipt of the information or, if the information has not been received within three months of the submission of the request, the procedure for the submission of the request. to continue without delay after the end of the three months.

(2) Those who fulfil the general and special requirements for the self-responsible practice of music therapy are required by the Federal Minister (by the Federal Minister) for health, family and youth if after obtaining an expert opinion, as a "music therapist" ("music therapist") to enter the additional name indicating the right to practise the profession of music therapy in order to exercise its own responsibility.

(3) Those who fulfil the general and special requirements for the responsible professional practice of music therapy are from the Federal Minister (from the Federal Minister) for Health, Family and Youth, required if after obtaining an expert opinion, as a "music therapist" ("music therapist") to enter the additional title indicating the right to participate in the professional exercise of music therapy.

(4) The professional practice of music therapy may only be included in the music therapy list after registration.

Failure to register

§ 23. If a registration advertiser does not fulfil the general or special requirements for the professional practice of music therapy, the Federal Minister (the Federal Minister) for health, family and youth has the registration in the list of music therapists should fail to be informed, provided that the application documents have been received in full, at the latest within four months of the date of their entry.

Reporting requirements

§ 24. (1) Music therapists (music therapists) have to report to the Federal Ministry of Health, Family and Youth on the following facts in writing, if necessary together with the corresponding proof, within one month:

1.		Name change,
2.		Change or acquisition of academic degrees,
3.		Change of nationality,
4.		change in the main residence or habitual residence,
5.		Change of delivery address,
6.		Change of work places (designation, postal address, telephone number, and, if entered in the music therapist list, also the web address and e-mail address),
7.		Change of work focus points and target group-oriented specialisations entered in the music therapist list,
8.		Change to the professional practice of music therapy in foreign languages registered in the music therapist list,
9.		interruption of the profession if it is expected to exceed more than three months, and
10.		Renunciation of the profession.

(2) The Federal Minister (The Federal Minister) for Health, Family and Youth shall immediately make the necessary changes and additions to the music therapy list.

Administrative cooperation

§ 25. The Federal Minister (The Federal Minister) for Health, Family and Youth has within his (her) scope of action the competent authorities of the other EEA States Parties and the Swiss Confederation on the application of the Directive 2005 /36/EC, in particular:

1.		on the existence of criminal, administrative, criminal and re-trustworthiness measures concerning music therapists (music therapists) as well as other serious serious cases concerning such persons certain situations which may have an impact on their professional activities, and
2.		if not Z 1 is used, with regard to music therapists established in Austria (music therapists) who are temporarily performing musictherapeutic activities in another EEA State Party or the Swiss Confederation They want to provide services, the legality of their establishment and good management (trustworthiness) in Austria, as well as the fact that they do not have professional measures according to Z 1 against them.

6.

Professional duties

Management of professional titles

§ 26. (1) Those who are entitled to exercise their own responsibility in the field of music therapy shall have the right to practise their profession in the context of their professional practice.

1.		the professional title "Musiktherapeut" or "Musiktherapeutin" and
2.		as an additional name, the academic degree in abbreviated form which was acquired as a result of the completion of the training for the independent professional practice of music therapy,
,

(2) Those who are entitled to participate in the professional exercise of music therapy shall have the right to practise their profession in the context of their professional practice.

1.		the professional title "Musiktherapeut" or "Musiktherapeutin" and
2.		as an additional name, the academic degree in abbreviated form, which has been acquired as a result of the completion of the training for the professional practice of music therapy,
,

(3) The management of the professional and additional designations referred to in paragraphs 1 and 2 shall be reserved for the persons referred to in paragraphs 1 and 2 in connection with the professional exercise of music therapy.

(4) Any name which is suitable for pretending to be entitled to the person responsible or responsible for the professional practice of music therapy shall be prohibited.

Professional practice to the best of your knowledge and conscience

§ 27. (1) Music therapists (music therapists) have to perform their profession with musictherapeutic-scientific methods to the best of their knowledge and conscience, and in accordance with the development of the findings of science. They must respect the well-being of the sick and the protection of the healthy persons in compliance with the existing rules.

(2) Music therapists (music therapists) must exercise their profession in person and directly, at most in cooperation with representatives (representatives) of their or any other science or profession. They may, however, serve auxiliary persons, in particular students of music therapy, if they act according to their precise arrangements and under their supervision.

(3) Music therapists (music therapists) have to confine themselves to those musical therapeutic areas of work and treatment methods in the course of their professional practice, on (in) they have been proven to have acquired sufficient knowledge and experience.

(4) Music therapists (music therapists) may only treat a person with their consent or, if necessary, with consent (consent) of their legal representative (representative) or their presiding agent.

(5) Music therapists (music therapists) who wish to withdraw from the treatment of music therapy shall have this intention of the person being treated or, if necessary, their legal representative (representative) or their preventive agent in sufficient time to ensure that the further musical treatment of the music can be ensured.

Obligation to continue

§ 28. The professional obligation to practise the profession to the best of our knowledge and conscience has music therapists (music therapists) in particular through the regular attendance of in-or foreign training events on current developments and findings of musicological and other occupational sciences, as well as through the use of Supervision, in total at least in the amount of 90 units within a period of three years, shall be appropriate.

Obligation to provide information

§ 29. Music therapists (music therapists) have, in particular,

1.		the planned course of treatment;
2.		the risks of treatment,
3.		the alternatives of for the treatment of music therapy and
4.		the cost of the treatment
to educate.

Documentation Light

§ 30. (1) Music therapists (music therapists) have, for the purpose of exercising the best knowledge and conscience, to keep records of any musictherapeutic treatment of persons, with special reference to the therapeutic relationship. The documentation shall include, in particular, the following contents, provided that they have become the subject of the treatment of music therapy or of such importance, as follows:

1.		Music therapeutically relevant condition of the person when taking care of the treatment, in particular at best the history of the problem, diagnosis, diseases as well as the course of the disease,
2.		the nature and extent of the performance of the musictherapeutic services (for the application of musical therapeutic methods and forms of intervention),
3.		the beginning, course and termination of the musictherapeutic services,
4.		reconnationment steps,
5.		the agreed fee and other other agreements within the scope of the treatment contract, in particular with a possible legal representative (a legal representative) or a (a) any precautionary agent who is the sole representative,
6.		consultation of professional colleagues and members of other health professions or other relevant professions,
7.		any recommendations for supplementary clarification, in particular by doctors (doctors), clinical psychologists (psychotherapists), psychotherapists (psychotherapists) and Dentists (Dentists),
8.		special events during the treatment,
9.		Inspection of the documentation and
10.		Justification of any denials of inspection in the documentation.

(2) The treated person or, if necessary, her legal representative (her legal representative) or her (her) preventive agent, as well as persons who have been designated by the person being treated as having the right to view, shall be entitled to: Request access to the documentation and allow copies to be made against cost replacement.

(3) Music therapists (music therapists) are responsible for the identification and processing of personal data in accordance with paragraph 1, in particular also supporting automation, as well as for the transmission of these data to third parties on the condition of the consent of the person or, if necessary, of their legal representative (their legal representative) or of their (their) presiding agent. If the identification, processing and transmission of the data is supported by automation, it shall be necessary to: to the written consent.

(4) Music therapists (music therapists) shall keep the documentation referred to in paragraph 1 for at least ten years.

(5) In the event of the death of a music therapist (a music therapist) outside a body, the heir (heir) or other legal successor (the other legal successor) is obliged, while respecting the data protection, to: (their) documentation relating to treatment outside of facilities for the period corresponding to the storage obligation to be used against cost-compensation

1.		one (one) of the deceased music therapist (from the deceased music therapist) in good time to the Federal Ministry of Health, Family and Youth in writing music therapists (music therapist) who (who) the profession outside of a , and has given his/her written consent to this designation and the obligation to take over the duties, or
2.		provided that the requirements of Z 1 do not exist, a third party to be determined by the Federal Minister (of the Federal Minister) for Health, Family and Youth
shall be transmitted.

(6) Persons pursuant to Section 5 (5) (1) and (2) enter into the obligation to keep the documentation and are subject to the duty of confidentiality of the musictherapist's obligation to maintain a confidentiality. At the request of the person being treated or, if necessary, of their legal representative (their legal representative) or of their representative (s), and of a person authorised by the person to be treated, they shall have the following: (this) to hand over the documentation concerned. The fulfilment of the retention obligation in a suitable automation-assisted form is permissible. After the expiry of the period of storage obligation, the documentation shall be destroyed irretrievably.

Obligation to provide information

§ 31. (1) Music therapists (music therapists) must provide the treated person with all the information on the treatment.

(2) Music therapists (music therapists) have

1.		the legal representative (the legal representative) or the person (s) of the treated person, as well as
2.		persons who have been designated by the person being treated as having the right to obtain information;
to provide information on the treatment, in that it does not endanger the relationship of trust with the person being treated.

Confidentiality of Obligations

§ 32. (1) Music therapists (music therapists) as well as their assistants, including students of music therapy, are concerned with secrecy about all of them in the exercise of their professional or practical music-therapy training or of the secrets that have become known.

(2) A disconnection of the obligation of confidentiality for the purpose of testimony before a court or administrative authority is permitted as the most personal right only by the person who is subject to the act of taking a position and judgment.

Advertising restriction and ban on commission

§ 33. (1) Music therapists (music therapists) have to abstain from any inaccurate or untrue information in connection with their professional practice.

(2) Music therapists (music therapists) may not give, take, or have a guarantee of remuneration for the assignment or recommendation of persons for music therapy. Legal transactions that contravene this prohibition shall be void. Benefits from such legal transactions can be reclaimed.

(3) The activities prohibited under subsection (1) and (2) shall also be prohibited by other physical and legal persons.

Liability insurance

§ 34. (1) The self-responsibility of professional music therapists (music therapists) has to cover the claims for damages arising from the exercise of the profession in the case of a liability insurance for a person entitled to a business operation in Austria. to be able to complete and maintain them during the period of their professional qualification.

(2) For the insurance contract, the following shall apply:

1.		The minimum amount of insurance has to be EUR 400 000 for each insurance case.
2.		The exclusion or a time limitation of the insurance of the insurer is inadmissible.

(3) The insurers are obligated to report to the Federal Minister (the Federal Minister) for health, family and youth unsolicly and promptly any circumstance that would result in an end or restriction of the insurance protection or a deviation from the original confirmation of insurance means or can signify, and at the request of the Federal Minister (the Federal Minister), information on such circumstances for health, family and youth.

(4) The independent professional music therapists (music therapists) have the Federal Minister (the Federal Minister) for health, family and youth the holding of the liability insurance on the (their) request at any time Proof.

Section 7

Criminal provisions

Criminal provisions

§ 35. (1) Who

1.		in the case of music therapy, without being entitled to be entitled under this federal law, or
2.		anyone who does not have the right to use this federal law for the professional exercise of music therapy,
if the offence does not constitute a criminal offence under the jurisdiction of the courts, an administrative surrender and a fine of up to EUR 4 000 is punishable.

(2) Where

1.		as a result of the act referred to in paragraph 1, there has been a serious risk to a person's limb, life or health; or
2.		the perpetrator (the offender) has already been punished twice for unauthorised professional use of music therapy or unauthorised use of the professional practice of music therapy,
the perpetrator (the perpetrator) is punishable by a fine of up to 25 000 euros.

(3) Who

1.		in sections 15 (2) and (3), 20 (2), 22 (4), 24 (1), 26 (1), 2 and 4, 27, 28, 29, 30, 31, 32 (1), 33, 34, 36 (4) and (5) and 37 (4) and (5), or
2.		in the regulations or prohibitions contained in the regulations adopted pursuant to this Federal Act
, unless the act constitutes the offence of a criminal offence under the jurisdiction of the courts, it shall be subject to an administrative surrender and shall be punishable by a fine of up to EUR 2 500.

(4) Also the attempt is punishable.

(5) By way of derogation from Section 31 (1) of the Administrative Criminal Law 1991 (VStG), the period of limitation is BGBl. No 52/1991, one year.

8. Section

Transitional provisions

Authority to exercise self-responsibility in the field of music therapy

§ 36. (1) The Federal Minister (Federal Minister) for Health, Family and Youth has, if necessary after obtaining an expert opinion and, if necessary, a personal hearing, also those persons in the music therapy list , which shall have applied for registration in the music therapist list up to a maximum of two years after the entry into force of this Federal Law with the Federal Minister for Health, Family and Youth and meet the following requirements:

1.		Proof of university entrance qualification,
2.		Creditification of at least a total of three years of musical therapy to the extent of at least ten therapeutic units per week in the last ten years prior to the entry into force of this Federal Law,
3.		Self-authorization,
4.		proof of the health suitability necessary for the fulfilment of the professional duties,
5.		Proof of the degree of trustworthiness required for the fulfilment of the professional duties, and
6.		either Proof of successful completion of one of the following training courses:
a)			Special course for musicology at the Academy of Music and Performing Arts in Vienna,
b)			Course for music therapy at the Hochschule für Musik und darstellende Kunst Wien,
c)			Short studies of music therapy at the Hochschule für Musik und darstellende Kunst Wien (University of Music and Performing Arts Vienna) or an equivalent foreign education,
d)			Course in Altoriental music therapy at the Institute of Ethnomusik Therapy, provided this is after the 1. January 1997 was started,
7.		or proof of a musictherapeutic qualification which, in order to exercise their own responsibility, is responsible for the treatment of music to the best of its knowledge and conscience, including clinical treatment, with special reference to the clinical-psychological, medical and psychotherapeutic scientific foundations, and in this context at least 1800 units of musictherapeutic education, further education or further education including
a)			self-experience to the extent of at least 200 units,
b)			Framework conditions for the professional practice of music therapy, in particular an introduction to the institutional, health and psychosocial 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) § § 20 to 23 shall apply mutagentily for the registration in the music therapist list. The Federal Minister (Federal Minister) for Health, Family and Youth has failed to notify the registration of persons who do not comply with the conditions laid down in paragraph 1.

(3) The persons referred to in paragraph 1 shall be entitled after registration in the list of music therapists to perform their own professional practice of music therapy, including the arrangement and supervision pursuant to § 8.

(4) The persons referred to in paragraph 1 shall be listed in the music therapist list for the guidance of the professional title "Musiktherapeut" ("Music Therapist"). shall be entitled and shall be obliged to do so in connection with the professional practice.

(5) Persons with a qualification as referred to in paragraph 1 Z 7 shall have, after being entered in the music therapist list, by way of derogation from § 28, in-or foreign training events including supervision in total to the extent of 180 units within a period of three years from the date of registration in the music therapist list. The Federal Minister for Health, Family and Youth (Federal Minister) has to prove the completion of this special training in writing immediately after the end of this period. Unwarranted non-compliance is deemed to be the elimination of a condition necessary for the professional practice of music therapy.

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

Right to participate in the professional exercise of music therapy

§ 37. (1) The Federal Minister (Federal Minister) for Health, Family and Youth has, if necessary after obtaining an expert opinion and, if necessary, a personal hearing, also those persons in the music therapy list , which shall have applied for registration in the music therapist list up to a maximum of two years after the entry into force of this Federal Law with the Federal Minister for Health, Family and Youth and meet the following requirements:

1.		Proof of university entrance qualification,
2.		Proof of a qualification in music therapy, which is to be carried out in the responsible practice of music therapy to the best of the knowledge and conscience, including clinical medical treatment, with special regard to the clinical psychological, medical and psychotherapeutic scientific foundations, and in this context at least 1,200 units of musictherapeutic education, further education or further education including
a)			self-experience to the extent of at least 200 units,
b)			Framework conditions for the professional exercise of music therapy, in particular an introduction to the institutional, health and psychosocial conditions, of at least 30 units, as well as
c)			Questions of ethics to the extent of at least 30 units
		have been completed,
3.		Creditification of at least a total of three years of musical therapy to the extent of at least ten therapeutic units per week in the last ten years prior to the entry into force of this Federal Law,
4.		Self-authorization,
5.		Proof of the health suitability required for the fulfilment of the professional duties, and
6.		Proof of the degree of trustworthiness required for the fulfilment of the professional duties.

(2) § § 20 to 23 are to be applied accordingly for the registration in the music therapist list. The Federal Minister (Federal Minister) for Health, Family and Youth has failed to notify the registration of persons who do not comply with the conditions laid down in paragraph 1.

(3) The persons referred to in paragraph 1 shall be entitled after registration in the music therapy list to carry out the professional practice of music therapy.

(4) The persons referred to in paragraph 1 shall be listed in the music therapist list for the guidance of the professional title "Musiktherapeut" ("Music Therapist"). shall be entitled and shall be obliged to do so in connection with the professional practice. In connection with the exercise of the profession, you have to draw attention to the extent of the right to participate in the professional exercise in accordance with § 8.

(5) The persons referred to in paragraph 1, after being entered in the list of music therapists, may, by way of derogation from § 28, have in-or foreign training events, including Supervision, in total of 180 units within a period of time of three years from the date of registration in the music therapist list. The Federal Minister for Health, Family and Youth (Federal Minister) has to prove the completion of this special training in writing immediately after the end of this period. Unwarranted non-compliance is deemed to be the elimination of a condition necessary for the professional practice of music therapy.

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

Section 9

Final provisions

Enforcement

§ 38. With the enforcement of this federal law, the Federal Minister (the Federal Minister) is entrusted with the task of health, family and youth.

entry into force

§ 39. (1) This federal law shall enter into force on 1 July 2009.

(2) Regulations on the basis of this Federal Act may be adopted as from the day following its proclamation; however, they may not be put into effect at the earliest with 1 July 2009.

Fischer

Gusenbauer