135. Federal law amending the Tierärztegesetz

The National Council has decided:

The Tierärztegesetz, BGBl. No. 16/1975, as last amended by the Federal Act BGBl. I No 95/2002, is amended as follows:

1. § 1 (1) reads:

"(1) The veterinarian is a member of a health professional to exercise veterinary medicine."

2. § 2 para. 1 Z 2 lit. c and d are:

" (c)			of the veterinary university staff of the University of Veterinary Medicine, Vienna,
d)			the veterinary officials or contract staff of local authorities, "

3. According to § 2 para. 1 Z 2 lit. d is the following lit. e is added:

" e)			the public-law staff of the Austrian Agency for Health and Food Safety GmbH. "

4. § 3 (2) to (3) are:

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

1.		full business capacity,
2.		the Austrian nationality or the nationality of one of the other Contracting Parties to the Agreement on the European Economic Area (EEA Agreement),
3.		A graduate degree in veterinary medicine, completed at the University of Veterinary Medicine, Vienna, or a diploma in veterinary medicine at the University of Veterinary Medicine, Vienna, foreign degree or one in point 5.4.2 of Annex V to Directive 2005 /36/EC of 7 September 2005 on the recognition of professional qualifications (OJ L 327, 22.12.2005, p. No. 22), which may be accompanied, where appropriate, by the certificates referred to therein;
4.		adequate knowledge of the official language,
5.		for nationals of Contracting Parties to the EEA Agreement, the written confirmation of a Contracting Party to the EEA Agreement that the person in question is entitled in that State for the self-employed exercise of the profession of veterinary medicine.

(3) The requirement of paragraph 2 (2) shall not apply to:

1.		Nationals of a Contracting State of an Agreement with the European Communities and their Member States, which Member States shall provide for national equality of treatment in respect of the right of establishment and the provision of services is obliged to apply for professional professional practice,
2.		Refugees, according to the Asylum Act 2005, BGBl. I No 100, asylum has been granted,
3.		Persons who are not nationals of any of the Contracting Parties to the EEA Agreement for the purpose of exercising an employment relationship if they have a spouse of a free movement in Austria in the form of a salary or salary ratio, or self-employed nationals of a Contracting Party to the Agreement on the European Economic Area. "

5. In accordance with Section 3 (3), the following paragraph 4 is added:

' (4) In the case of nationals of the Contracting Parties to the EEA Agreement, the requirement laid down in paragraph 2 (2) shall not apply where evidence of formal qualifications is submitted which does not include the evidence of formal qualifications listed in Annex V, point 5.4.2 of Directive 2005 /36/EC. , provided that it is accompanied by a certificate issued by the competent authority of a Contracting Party to the EEA Agreement, according to which the person concerned has been at least three years prior to the date of issue of the certificate for the last five years has effectively and lawfully exercised the profession of veterinary medicine. "

6. In Section 5 (4), the phrase "The Federal Ministry of Health and Environmental Protection" through the phrase "The Federal Ministry of Health and Women" replaced.

7. In Section 5 (6), the phrase "The Federal Minister for Health and Environmental Protection" through the phrase "The Federal Minister for Health and Women" replaced.

8. § 11 1st sentence reads:

" The veterinary certificate shall be delivered immediately to the board if:

1.		the power to exercise the profession shall be discontinued, or
2.		the power to exercise the profession is based on a knowledge of the Disciplinary Commission (Article 7 (1) (2)). "

9. § 13 (1) reads:

" (1) veterinarians may have medicinal products for use in the course of their professional activities in the exercise of their profession, store and carry them with them. Only freelance veterinarians who can prove an additional qualification in accordance with § § 14j to 14l are entitled to the management of a home mortgage for the needs of their own veterinary practice. The other requirements for the management of such a home mortgage are governed by the provisions of the pharmacies regulations. "

10. In § 14a (1), first sentence, the word order shall be "from the Annual General Meeting of the Chamber of the Veterinarians of Austria (Chamber)" through the phrase "by the Federal Minister for Health and Women in agreement with the General Meeting of the Chamber by Regulation" replaced.

11. § 14b (1) Z 2 reads as follows:

" 2.		a diploma from the University of Veterinary Medicine, Vienna in the field of veterinary medicine, or a foreign degree in veterinary medicine at the University of Veterinary Medicine, Vienna, as a diploma course in the field of veterinary medicine, or a training certificate confirming the completion of a training programme for veterinarians in accordance with Annex V, point 5.4.1. of Directive 2005 /36/EC; "

12. § 14b (2) reads:

" (2) The Federal Minister for Health and Women, after hearing the Board, has to lay down the duration and content of the specific training referred to in paragraphs 1, Z 3 to 5, by means of a regulation, with the needs and training opportunities available in the respective case. The subject area is to be taken into consideration. "

13. § 14b (3) and (4) shall be deleted.

14. § 14d sec. 1 Z 2 reads:

" 2.		the certificate of training (diploma, doctorate certificate), "

15. The following paragraph 3 is added to § 14h:

" (3) Specialists have to continue their training in a degree to be determined by the Federal Minister for Health and Women after hearing the Chamber and to prove this further training of the Specialized Veterinary Examination Commission. If the necessary level of training is not proven within five years, the Specialization Veterinary Examination Commission has the right to withdraw the management of the specialist veterinary title in a modest way. The right of appeal to the Board of the Chamber shall be entitled against this decision. A further appeal is not allowed. "

16. According to § 14i, the following § § 14j, 14k and 14l are added:

" § 14j. (1) For the right to manage a home mortgage (§ 13), veterinarians have to acquire an additional qualification by means of a further training in the field of drug use. The success of this further training must be proven by an examination.

(2) In any case, further training shall include the following areas:

1.		veterinary medicinal products, with particular regard to food safety and environmental protection;
2.		pharmacy law,
3.		Other areas relevant to the general meeting of the Board and relevant to the use of medicinal products in animals.

§ 14k. (1) If at least one year of veterinary activity (year of practice) is proved, the right to take part in an examination of the further training pursuant to § 14k para. 2 before a commission in the chamber in which the examiner is aware of his or her knowledge shall be submitted to the board of the for the specified areas.

(2) The Commission has to confirm the successful proof of knowledge and the existence of the additional qualification. If the Commission concludes that the examiner does not have sufficient knowledge in the specified areas, it has to fix a period of at least one and a maximum of six months within which the examination advertiser is re-established. The test can be carried out.

(3) An examination fee shall be fixed at the Annual General Meeting of the Chamber in a cost-covering manner.

§ 14l. The Examination Committee consists of three members who have special knowledge of the areas mentioned in § 14j (2). They shall be elected by the General Meeting of the Chamber for a period of four years. Examination commissions can also be set up in the area of each country office if necessary. "

17. According to § 15, the following § 15a shall be inserted:

" § 15a. (1) For the purpose of operating a veterinary office or a private animal hospital, only professional veterinarians or companies whose members are occupational veterinarians are entitled to do so. A participation of professionals in a veterinary company is only possible for silent partners. Where branches are also provided for in the establishment of a Ges.m.b.H, it shall be ensured that the manager responsible may only be a veterinary partner who may also have only one branch in each case and the essential shares in each of the branches. of society.

(2) The responsible management (management) of a private animal hospital must be carried out by an occupational veterinarian who is entitled to carry out a home pharmacy. "

18. § 16 (2) reads:

" (2) Guidelines on the nature of ordinations and private animal hospitals (minimum standard) as well as on the purpose-and standstill external designation, which also govern the overall appearance to the outside, are subject to the conditions laid down in paragraph 1 of this article. shall be adopted by the Chamber. "

19. In § 18, para. 1, first sentence, the word order shall be "by the Federal Chancellor" through the phrase "by the Federal Minister for Health and Women" replaced.

20. In accordance with § 18 (4), the following paragraph 5 is added:

"(5) For the remuneration of veterinarians who carry out their profession in the employment relationship with veterinary surgeons, for veterinarians in the practical year as well as for practice representatives, the general meeting of the chamber must provide for a minimum fee."

21. In accordance with section 19 (2), the following paragraph 3 is added:

" (3) The certificates and expert opinions shall be prepared by the veterinarian in his own hands. The name of the veterinarian shall be enclosed in the signature of the signature. "

(21a) In § 31, the following paragraph 4 is added:

" (4) The Board may also transmit information to the Members belonging to it by electronic mail. Mass consignments to their members, which serve the performance of the tasks assigned to the board, do not require the consent of the recipients according to § 107 TKG. "

21b. In § 32, the following paragraph 4 is added:

" (4) Each branch office may submit information to the veterinarian to the veterinarian on the way electronic mail. Mass consignments to these categories of persons, which serve to fulfill the tasks assigned to the external office, do not require the consent of the recipients in accordance with § 107 TKG. "

22. In § 34, the following paragraphs 3 to 5 are added in accordance with section 2:

" (3) The board is in compliance with the Data Protection Act 2000, BGBl. I n ° 165/1999, as last amended by the Federal Law BGBl. I n ° 13/2005, authorised to carry out the tasks conferred on it by law, within the scope of its scope

1.		to identify and process personal occupational data of the members of the Chamber; and
2.		to transmit public data to the members of the Chamber.

(4) The courts shall be obliged to:

1.		the initiation and termination of a judicial criminal proceedings against and proceedings concerning the appointment of a lawyer for, and
2.		on the imposition and removal of pre-trial detention
communicate a member of the chamber and make a copy of the final judgment and/or the final judgment Decision to be sent. The board shall be obliged to transfer to the Disciplinary Authority.

(5) The administrative authorities, in so far as they are dealing with administrative offences relating to the profession of veterinary profession, are obliged to prevent the board from initiating and ending an administrative criminal proceedings against a To inform the chamber member and to send her a copy of the legally binding penal code. The board shall be obliged to transfer to the Disciplinary Authority. "

23. § 36 (5) the following Z 19 is added:

" 19.		The release of guidelines for the veterinary professional development and the granting of relevant specialist titles. "

24. In § 39, the following paragraph 8 is added after paragraph 7:

"(8) If a member of the Land Committee is elected, the next substitute of the electoral proposal to which the outgoing member belongs shall be moved."

25. In § 41, the phrase "From the Federal Minister for Social Security and Generations" through the phrase "by the Federal Minister for Health and Women" replaced.

26. In § 45, the phrase "the Federal Minister for Social Security and Generations" through the phrase "The Federal Minister for Health and Women" replaced.

27. In § 50 (1) the word order shall be "the Federal Minister for Social Security and Generations" through the phrase "The Federal Minister for Health and Women" replaced.

28. In § 54, para. 2, the word order shall be "Officials of the Federal Ministry of Health and Environmental Protection" through the phrase "Staff of the Federal Ministry of Health and Women" replaced.

29. In Section 54 (3), the phrase "The Federal Ministry of Health and Environmental Protection" through the phrase "The Federal Ministry of Health and Women" and the phrase "from the Federal Minister for Health and Environmental Protection" through the phrase "by the Federal Minister for Health and Women" replaced.

30. § 54 (5) reads:

" (5) The members of the Disciplinary Commission shall be ordered for a term of office of four years. If a member of the disciplinary commission fails before the end of the operating period (Section 57 (3) (2) to (5)), a substitute member may be appointed until the end of the term of office.

31. In § 57 (3) Z 2, the phrase "Officials of the Federal Ministry for Social Security and Generations" through the phrase "Staff of the Federal Ministry of Health and Women" replaced.

32. In § 57 (3) Z 3 lit. a becomes the phrase "the Federal Minister for Social Security and Generations" through the phrase "The Federal Minister for Health and Women" replaced.

33. In § 57 (3) Z 3 lit. b becomes the phrase "From the Federal Minister for Social Security and Generations" through the phrase "by the Federal Minister for Health and Women" replaced.

34. § 59 (1) Z 3 reads:

" 3.		The temporary or, in the case of § 53 (2), an unlimited ban on the pursuit of the profession of veterinary medicine. "

35. In Section 59 (5), the phrase "the Federal Chancellery" through the phrase "The Federal Ministry of Health and Women" replaced.

36. § 62 (1) reads:

"(1) The membership of these three funds shall extend to all the ordinary members of the Board."

37. According to § 62 (2) (3), the point shall be replaced by a stroke, after which the word shall be replaced by a "or" and the following Z 4 shall be added:

" 4.		demonstrate that, in another Member State of the EEA Agreement, they are covered by a branch of a statutory social security scheme for employed or self-employed persons, the benefits in respect of invalidity, old age or Survivors ' provision. "

38. § 62 (5) deleted.

39. § 64 (4) reads:

"(4) recipients of a performance of the Funds, with the exception of survivors, must have acquired benefit entitlements (members of the Fund) by means of payment of contributions."

40. § 64b (6) the following sentence is added:

"If a Member has made less than 60 monthly contributions, the Articles of Association may provide for a one-time capital settlement calculated in accordance with actuarial principles."

41. § 64e paragraph 1 reads:

" (1) In the case of temporary invalidity, the Fund member, who is also a member of the pension fund at the time of the entry of the temporary invalidity, shall become a member of the pension fund for the non-exercise of the ante-mortem and post-mortem inspection for the has been confirmed by the competent authority, at any rate of full age support, but not more than 12 times a year. This support should also be given to female fund members in the sense of the first sentence for two months before and after the end of the period. "

Section 64g (1) reads as follows:

"(1) The death fee is € 11,000, --."

43. § 66 (5) reads:

"(5) With the withdrawal, all claims shall be made to the death treasury and to the emergency fund; paid contributions shall not be reimbursed."

44. § 68 Z 7 reads:

" 7.		Contrary to the provisions of Section 15a (2) and § 16 (1), a veterinary Ordination or a private animal hospital leads or does not comply with the order of the District Administrative Authority pursuant to Section 16 (3) within the time limit laid down. "

45. In the IV. The main item shall be after the heading "Conclusion and transitional provisions" the following § 68a is inserted:

" § 68a. All personal designations used in this Federal Act apply equally to persons of both female and male sex. "

46. In accordance with § 75, the following § 75a is inserted:

" Section 75a. (1) § 1 (1) (c), (d) and (e), § 3 (2) to (4), § 5 (4), § 5 (6), § 11, first sentence, § 14a (1), first sentence, section 14b (1) Z 2, § 14b (2), § 14d (1) Z 2, § 14h (3), § 15a, § 16 (2), § 18 (1), first sentence, § 18 (5) § § § § § § § § § § § § § § § § § § § § § § § § § § § § § § § § 18, Article 19 (3), § § 34 (3), § 36 (5) Z 19, § 39 (8), § 50 (1), § 54 (2), § 54 (3), § 54 (5), § 57 (3) (3) (2), § 57 (3) (3) (3) (3) (3) (3) (3) (3) (3) (3) ( a and lit. b, § 59 paragraph 1 Z 3, § 59 para. 5, § 62, § 64 para. 4, § 64b para. 6, § 64e para. 1, § 64g para. 1, § 66 para. 5, § 68 Z 7, § 68a, § 75a para. 2 and 3 as well as § 76 enter into the version of the BGBl. I n ° 135/2006 with the first day of the second month following the event.

(2) Persons, who after the up to the in-force treks of the Federal Law BGBl. I n ° 135/2006 authored a specialist veterinarian title to maintain this entitlement-without prejudice to the provisions of Section 14h (3)-to the extent to which it has been granted.

(3) Until the release of a regulation in accordance with Section 14b (2), subject-specific developments according to § 14b (1) (3) to (5) are based on the up to the in-force treks of the Federal Law BGBl. I n ° 135/2006. Such subject-specific further training courses are provided by the examination senate as proof in accordance with § 14d paragraph 1 lit. 3.

(4) § 13 (1), § § 14j, 14k and 14l and § 75a (5) in the version of the BGBl. I No 135/2006 will enter into force on 1 July 2008.

(5) Veterinarians who completed their studies before 1 July 2008 shall be exempted from proof of the additional qualification referred to in § 13.

(6) A recalculation of benefits according to the 3. The section of this Act, which has already been granted before the entry into force of the provisions referred to in paragraph 1, does not take place, even if partial performance claims have been acquired in the past. "

47. § 76 reads:

" § 76. The Federal Minister for Health and Women (Bundesminister für Gesundheit und Frauen) is responsible for the enforcement of this federal law, with regard to § § 54 (3) and (57) (3) (3) (3) a in agreement with the Federal Minister for Justice and with regard to § 14c (1) Z 3 in agreement with the Federal Minister for Education, Science and Culture. "

Fischer

Bowl