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Health - And Nursing-Eea Qualification Regulation 2008 - Guk Ewrv 2008

Original Language Title: Gesundheits- und Krankenpflege-EWR-Qualifikationsnachweis-Verordnung 2008 – GuK-EWRV 2008

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193. Regulation of the Federal Minister for Health, Family and Youth on qualifications in general health and nursing care from the European Economic Area and the Swiss Confederation (health and health care and health care) Health care-EEA Qualification-Regulation 2008-GuK-EWRV 2008)

On the basis of § 29 (2) Health and Health Care Act, BGBl. I n ° 108/1997, as last amended by the Federal Law BGBl. I n ° 57/2008, shall be ordered:

table of contents

Section 1

General

§ 1

Implementation of Community law

§ 2

References

Section 2

Automatic recognition

§ 3

Evidence of formal qualifications as set out in Annex V to Directive 2005 /36/EC

§ 4

Acquired Rights-General

§ 5

Acquired rights-Germany

§ 6

Acquired rights-Czech Republic and Slovakia

§ 7

Acquired rights-Estonia, Latvia, Lithuania

§ 8

Acquired rights-Slovenia

§ 9

Acquired rights-Poland

§ 10

Acquired rights-Romania

Section 3

General Recognition System

§ 11

Recognition in case of non-filling of professional practice

§ 12

Recognition of specialist nurses/nurses

§ 13

Recognition of third country diplomas

§ 14

Compensatory measures

§ 15

Adaptation course

§ 16

Aptitude Check

Section 4

In-and out-of-power

§ 17

entry into force

§ 18

Override

Annex Evidence of formal qualifications in general nursing in accordance with Annex V

of Directive 2005 /36/EC

Section 1

General

Implementation of Community law

§ 1. This Regulation shall

1.

Directive 2005 /36/EC on the recognition of professional qualifications, OJ L 327, 30.4.2005, p. No. 22, as last amended by Directive 2006 /100/EC on the adaptation of certain directives in the field of free movement of persons, to take account of the accession of Bulgaria and Romania, OJ L 255, 30.9.2006, p. No. OJ L 363, 20.12.2006, p. 141, and

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, 30.04.2002, p. 6, BGBl. III. No 133/2002, as amended by the Protocol, with a view to the accession of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia as a result of their accession to the European Union, OJ C No. OJ L 89, 28.03.2006, p.30, BGBl. III No 162/2006,

to be transposed into Austrian law.

References

§ 2. As far as this Regulation is based on provisions of the Health and Health Care Training Ordinance-GuK-AV, BGBl. II No 179/1999, it is to be applied in its current version.

Section 2

Automatic recognition

Evidence of formal qualifications as set out in Annex V to Directive 2005 /36/EC

§ 3. As proof of qualification in general health and nursing care, the Annex -recognition of evidence of formal qualifications in the country concerned by the competent authority of the Contracting State concerned of the Agreement on the European Economic Area (EEA Contracting State), of the Swiss Confederation (Article 21 (1) in conjunction with Annex V, point 5.2.2). Directive 2005 /36/EC).

Acquired Rights-General

§ 4. (1) Qualifications in general health and nursing care are issued by an EEA Contracting State, with the exception of Poland and Romania or the Swiss Confederation, evidence of formal qualifications in the general health and nursing care sector. Health and nursing care, even if they do not meet the requirements of the training referred to in Article 31 of Directive 2005 /36/EC, provided that:

1.

they will complete an education that is prior to the Annex has been started for the country in question, and

2.

is accompanied by a certificate attesting that the person concerned has been in the European Economic Area or the Swiss Confederation for at least three years in the European Economic Area or the Swiss Confederation for the last five years prior to the issue of the certificate; and legal activities of general health and nursing care, which have been fully responsible for the planning, organisation and implementation of the patient's health care/patient care,

(Article 23 (1) in conjunction with Article 33 (1) Directive 2005 /36/EC).

(2) Qualifications in general health and nursing care are issued by an EEA Contracting State, with the exception of Poland and Romania or the Swiss Confederation, evidence of formal qualifications in the general health and nursing care sector. health and nursing care, even if they are not the one in the Annex for the country in question, provided that they are accompanied by a certificate issued by the competent authority of the EEA Contracting State or of the Swiss Confederation, which shows that the Evidence of training

1.

, completing an education which complies with the provisions of Article 31 of Directive 2005 /36/EC, and

2.

by the respective EEA Contracting State or of the Swiss Confederation, to the Annex for the country in which the country concerned has been given a certificate of training

(Article 23 (6) Directive 2005 /36/EC).

Acquired rights-Germany

§ 5. Evidence of formal qualifications in general health and nursing care in the territory of the former German Democratic Republic is evidence of formal qualifications in general health and nursing care, even if it does not provide evidence of formal qualifications in general health and nursing care. training requirements in accordance with Article 31 of Directive 2005 /36/EC shall be recognised, provided that:

1.

they will complete an education that is before the 3. It was started in October 1990,

2.

it is certified by the competent German authority that the evidence of formal qualifications for the exercise of general health and nursing care throughout the territory of Germany shall be subject to the same conditions as those laid down in the Annex is entitled to provide evidence of formal qualifications for Germany; and

3.

is accompanied by a certificate attesting that the person concerned has been in the European Economic Area or the Swiss Confederation for at least three years in the European Economic Area or the Swiss Confederation for the last five years prior to the issue of the certificate; and legal activities of general health and nursing care, which have been fully responsible for the planning, organisation and implementation of the patient's health care/patient care,

(Article 23 (2) in conjunction with Article 33 (1) Directive 2005 /36/EC).

Acquired rights-Czech Republic and Slovakia

§ 6. Qualifications in general health and nursing are to be recognised by the former Czechoslovakia as evidence of formal qualifications in general health and nursing care, provided that:

1.

they will complete an education that is before the 1. January 1993 was started,

2.

it is certified by the competent authority of the Czech Republic or Slovakia that the evidence of formal qualifications for the exercise of general health and nursing care in the Czech Republic or Slovakia shall be certified in the Czech Republic or Slovakia. Slovak territory confers on Slovak territory the same rights as those in the Annex for the Czech Republic or Slovakia's training certificate and

3.

a certificate issued by the same authority is accompanied by the fact that the person concerned has effectively and lawfully carried out activities of the general health and health care for at least three years during the last five years prior to the date of issue of the certificate. Nursing care, which has extended to full responsibility for the planning, organization and execution of the patient's nursing care, in the Czech Republic or Slovakia has exercised

(Article 23 (3) in conjunction with Article 33 (1) Directive 2005 /36/EC).

Acquired rights-Estonia, Latvia, Lithuania

§ 7. Qualifications in general health and nursing are to be recognised by the former Soviet Union as evidence of formal qualifications in general health and nursing care, provided that:

1.

they will complete an education that

a)

in the case of Estonia, before 20 August 1991,

b)

in the case of Latvia, before 21 August 1991,

c)

in the case of Lithuania, before 11 March 1990

has been started,

2.

by the competent authority of Estonia, Latvia, Lithuania certifies that the evidence of formal qualifications for the exercise of general health and nursing care in the Estonian, Latvian and/or Estonian countries is certified. Lithuanian territory confers the same rights as the one in the Annex for Estonia, Latvia and Lithuania's training certificate and

3.

a certificate issued by the same authority is accompanied by the fact that the person concerned has effectively and lawfully carried out activities of the general health and health care for at least three years during the last five years prior to the date of issue of the certificate. Nursing care, which has extended to full responsibility for the planning, organization and execution of the patient's nursing care, in Estonia, Latvia or Lithuania.

(Article 23 (4) in conjunction with Article 33 (1) Directive 2005 /36/EC).

Acquired rights-Slovenia

§ 8. Qualifications in general health and nursing are to be recognised by the former Yugoslavia as evidence of formal qualifications in general health and nursing care, provided that:

1.

to complete an education which was started before 25 June 1991,

2.

it shall be certified by the competent Slovenian authority that the evidence of formal qualifications for the exercise of general health and nursing care in the territory of Slovenia shall give the same rights as the one in the Annex Evidence of formal qualifications for Slovenia; and

3.

a certificate issued by the same authority is accompanied by the fact that the person concerned has effectively and lawfully carried out activities of the general health and health care for at least three years during the last five years prior to the date of issue of the certificate. Nursing care, which has extended to full responsibility for the planning, organization and execution of the patient's nursing care, has exercised in Slovenia

(Article 23 (5) in conjunction with Article 33 (1) Directive 2005 /36/EC).

Acquired rights-Poland

§ 9. (1) As qualifications in general health and nursing care, the following training qualifications issued by Poland in general health and nursing care, the training of which was commenced before 1 May 2004, and which have been issued by the Do not comply with the minimum training requirements laid down in Article 31 of Directive 2005 /36/EC, provided that they are accompanied by a certificate attesting that the person concerned is in fact during the periods specified below: and lawfully activities of the general health and safety Nursing care, which has extended to full responsibility for the planning, organization and execution of the patient's nursing care, has exercised in Poland:

1.

Proof of training of the nurse or nurse the graduate level nurse (dyplom licencjata pielegniarstwa) with a certificate of professional activity of at least three years in the last five years prior to the issuing of the certificate,

2.

Proof of training of the nurse or nurse the nurse who certifies the completion of a post-secondary education obtained at a medical school (dyplom pielegniarki albo pielegniarki dyplomowanej), with a certificate of professional activity of at least five years in the last seven years prior to the issuing of the certificate

(Article 33 (2) Directive 2005 /36/EC).

(2) Qualifications in general health and nursing care are evidence of formal qualifications in general health and nursing care which have been issued by Poland and which meet the minimum training requirements laid down in Article 31 of the Directive 2005 /36/EC do not comply with the provisions of Directive 2005 /36/EC

1.

whose training was completed before 1 May 2004, and

2.

be certified by a "Bakkalaureat" diploma obtained on the basis of a special promotion training programme under Article 11 of the Law of 20 April 2004 amending the Law on the Occupation of Nurse, nurse and midwife and some other acts (Official Journal of the Republic of Poland of 30 April 2004 No 92 Pos. 885) and in accordance with the Regulation of the Minister of Health of 11 May 2004 on the Training conditions for nurses, nurses and midwives who have completed secondary education (Official Journal of the Republic of Poland of 13 May 2004, No 110 Pos. 1170), and completed medical school and secondary education for the profession of nurse, nurse and midwife (Official Journal of the Republic of Poland, 13 May 2004), in order to verify that the person concerned has a knowledge level and competence comparable to that of nurses and nurses, the holders of the Annex are evidence of formal qualifications

(Article 33 (3) Directive 2005 /36/EC).

Acquired rights-Romania

§ 10. Certificates of formal qualifications for nurses and nurses for general care (Certificat de competente profesionale de asistent medical) are issued by Romania as qualification certificates in general health and nursing care. (a generalist) with a post-secondary education obtained on a scoala postliceala which does not meet the minimum training requirements laid down in Article 31 of Directive 2005 /36/EC, provided that:

1.

the training before the 1. Jänner 2007 was started and

2.

a certificate is attached that the person concerned actually and lawfully activities of general health and nursing care for at least five years during the last seven years prior to the date of issue of the certificate have been fully responsible for the planning, organization and execution of the patient's nursing care, in Romania

(Article 33a Directive 2005 /36/EC).

Section 3

General Recognition System

Recognition in case of non-filling of professional practice

§ 11. As proof of qualification in general health and nursing care, evidence of formal qualifications in accordance with § § 4 to 10, the owner of which does not meet the requirements of actual and lawful professional practice, shall be subject to the conditions laid down in § 14 (Article 10 lit. (b) Directive 2005 /36/EC).

Recognition of specialist nurses/nurses

§ 12. Evidence of formal qualifications in general health and nursing care shall be provided by an EEA State Party or the Swiss Confederation of training qualifications issued by specialised nurses who do not have Education for general care have to be recognised in accordance with § 14 (Article 10 lit. f Directive 2005 /36/EC).

Recognition of third country diplomas

§ 13. Evidence of formal qualifications in general health and nursing care outside the European Economic Area or the Swiss Confederation is evidence of formal qualifications in general health and nursing care. (third country diplomas), the holders of which are

1.

are entitled to perform general health and nursing care in an EEA State Party or the Swiss Confederation; and

2.

submit a certificate issued by the State in accordance with Z 1 above that they have carried out three years of general health and nursing care in the territory of that State;

in accordance with § 14 (Article 10 lit. g in conjunction with Article 3 (3) Directive 2005 /36/EC).

Compensatory measures

§ 14. The recognition of evidence of formal qualifications in accordance with § § 11 to 13 must be made subject to the condition of successful completion of a three-year adaptation period (§ 15) or an aptitude test (§ 16), if the evidence of formal qualifications is a Training,

1.

the duration of which is at least one year under the duration of the Austrian training in the upper-level service for health and nursing care, or

2.

the subjects of which have significant variations in duration or content in relation to the training prescribed in the framework of Austrian training in general health and nursing care, the knowledge of which is essential -a prerequisite for the exercise of general health and nursing care,

, taking into account the knowledge acquired by the person concerned in the course of their professional practice.

Adaptation course

§ 15. (1) An adaptation period is the exercise of general health and nursing care in Austria under the responsibility of a qualified member of the higher-level service for health and nursing care, who is responsible for the health and nursing care in Austria. The exercise of general health and nursing care is justified.

(2) The adaptation period may be accompanied by an additional training, provided that this is technically necessary and must be assessed.

(3) With regard to the implementation of the adaptation period, the provisions of the 6. To apply the section of the GuK-AV with the proviso that the adaptation period is to be completed within the framework of the admission to the profession in general health and nursing care at a school for general health and nursing care.

Aptitude Check

§ 16. (1) An aptitude test shall be an examination subject exclusively to the professional knowledge and skills of the professional, with which the ability to exercise general health and nursing care in Austria shall be assessed.

(2) The aptitude test shall be based on a list of those subject areas,

1.

which are based on a comparison between the teaching subjects and subject areas prescribed by the Austrian training programme in general health and nursing care and the training provided by the person concerned in the course of which are not covered, and

2.

whose knowledge is an essential condition for the exercise of general health and nursing care,

,

(3) With regard to the performance of the aptitude test, the provisions of the 6. To apply a section of the GuK-AV with the proviso that the aptitude test is to be completed in the course of admission to the general health and nursing care at a school for general health and nursing care.

Section 4

In-and out-of-power

entry into force

§ 17. This Regulation shall enter into force 20. October 2007, in force.

Override

§ 18. With the entry into force of this Regulation, the Regulation of the Federal Minister for Health and Women concerning the diplomas, certificates and other evidence of formal qualifications of nurses and nurses responsible for general care shall enter into force. from the European Economic Area and the Swiss Confederation (Health and Health Care-EEA-Regulation 2004-GuK-EWRV 2004), BGBl. II No 262/2004, except for force.

Kdolsky