122. Federal law amending the Federal Act on hospitals and hospitals, the Medical Law 1998 and the Prescription Law Act (Health Law Amendment Act 2006-GRÄG 2006)

The National Council has decided:

Article 1

Federal law amending the federal law on hospitals and courting companies

Federal law on hospitals and health care institutions, BGBl. No. 1/1957, as last amended by the Federal Law BGBl. I n ° 155/2005, is amended as follows:

1. Title

(Basic provisions)

(1) In Article 2a (3), the following sentence shall be inserted after the first sentence:

"In this case, the location of separate accommodation shall also be permitted in another state and under the conditions laid down in § 3b also in the territory of another State."

2. In accordance with § 3a, the following § 3b together with the heading is inserted:

" State boundaries disloted management of departments or other organisational units

§ 3b. (1) A localised accommodation according to § 2a (3) in the border area of a neighbouring state shall be admissible only for individual designated departments or other organisational units as a whole and shall require the approval of the State government. Authorisation may be granted only for hospitals located on both sides of the national border, and only if it is proved that:

1.		that the legal situation in the respective foreign territory, as well as the cooperation agreement on which it is based, corresponds to the standard of treatment and care at least to that standard which is based on the Austrian law the legal order,
2.		that the project is provided for in the Landeskrankenanstaltenplan,
3.		that account is taken of the Austrian financing arrangements,
4.		that Austrian law applies to the treatment contract and that an Austrian court of jurisdiction is given,
5.		The treatment and care of Pfleglingen is carried out exclusively by personnel of the hospital located in Austria and under the supervision of the hospital.

(2) A granted authorisation shall be revoked if one of the conditions set out in paragraph 1 is not available or no longer exists.

(3) In the case of the disloed management of departments or other organisational units of a hospital located abroad in an Austrian hospital, only the treatment and care of the peacemeders of those located abroad has to be treated and maintained. Hospital and exclusively by staff of this hospital as well as under the management of the hospital located abroad. "

3. § 6 para. 1 lit. e is:

" e)		the setting of rooms where smoking is permitted. "

4. § 8 (3) reads:

" (3) treatments may only be carried out on a pastel with his consent; if the plea in these matters is missing the ability to take part in the treatment and judgment, then-if the medical treatment has not been taken into account by a Mandatory patient treatment is excluded-the consent of his legal representative is required. The consent or consent is not required if the treatment is so urgently necessary that the person who has received the consent of the pledge or the consent of his legal representative or with the appointment of a legal representative, would endanger life or would be associated with the risk of serious injury to health. The medical director of the hospital or the doctor responsible for the management of the relevant department decides on the necessity or urgency of a treatment.

Article 8a (4) reads as follows:

" (4) The tasks of the hygiene team shall include all measures designed to detect, monitor, prevent and combat infections and health. In order to carry out these tasks, the hygiene team has to draw up a hygiene plan. It also accompanies technical and content-related measures to monitor nosocomial infections. Surveillance/Surveillance shall be carried out in accordance with a recognised surveillance system in accordance with the state of the scientific community. The hygiene team is also to be used in all plans for new, rebuilding and rebuilding and for the purchase of equipment and goods, which can lead to an infection risk. In addition, the hygiene team has to advise all matters important for the maintenance of hygiene and to decide on appropriate proposals. These must be forwarded in writing to the persons responsible for the implementation of the hospital. "

6. According to Article 8a (4), the following paragraph 4a is inserted:

"(4a) The hospitals are entitled, for the purpose of monitoring nosocomial infections, to process data of the pfleglings indirectly in terms of their personal data and to pass on anonymized data for the purposes of monitoring."

7. § 10 (1) Z 7 reads:

" 7.		in the management of the medical history of patients 'orders (§ 2 para. 1 patients' decree law, BGBl. I n ° 55/2006) of the Pflegling; "

8. In accordance with Article 11a (2), the following paragraph 3 is added:

" (3) The employment of members of the higher-level service for health and nursing care and of members of the nursing aid by way of the transfer of labour under the provisions of the Labour Force Act-AÜG, BGBl. No. 196/1988, as last amended by BGBl. I Nr.104/2005, so is that in § 35 para. 2 Z 1 and in § 90 para. 2 Z 1 of the Health and Health Care Act, BGBl. I No 108/1997, as amended by the BGBl version. I n ° 69/2005, fixed ratio per department or other organisational unit. "

9. In § 19 (1) the word "Accommodation" by the words "Stationary and/or outpatient treatment" replaced.

Section 38a (3) reads as follows:

" (3) Closed areas serve the attitude of the mentally ill, to which the Accommodation Act, BGBl. No 155/1990, as last amended by BGBl. I No 12/1997 shall apply. Closed areas of special hospitals for psychiatry are also used for the holding of persons, their holding or provisional holding in accordance with § 21 para. 1 StGB, according to § 167a StVG or § 429 para. 4 StPO in a hospital or department for Psychiatry was ordered. "

Title

(Federal Law Applicable directly)

11. The following paragraph 9 is added to § 59g:

" (9) In addition, the Federal Minister of Health and the Federal Minister responsible for the health system will be included in the Federal Health Commission as co-opted members without the right to vote one representative/one representative.

1.		of the Federal Ministry of Education, Science and Culture,
2.		the Austrian Pharmacists ' Chamber,
3.		the General Accident Insurance Institution and
4.		The statutory representation of interests eligible for the hospitals referred to in § 149 (3) of the General Social Insurance Act (General Social Insurance Act)
on the basis of their proposal. "

(12) The following paragraph 5 is added to § 60:

" (5) In the case of cross-border co-operations (§ 3b), the institutions of sanitary supervision shall also examine, at the request of the respective foreign authority, whether measures are to be put in place for the supervision of sanitary supervision. In the event that this is necessary on the basis of specific circumstances, in the case of cross-border co-operations, the authorities responsible for the sanitary supervision shall, in the same way, submit requests to the competent foreign authorities to take measures which will: sanitation, as well as to be informed of their outcome. "

13. In accordance with Section 65 (4b), the following paragraph 4c is inserted:

§ 6 (1) (e), Section 8 (4) and (4a), Section 10 (1) (7), § 11a (3), § 19 (1) and 38a (3) of the Federal Law of the Federal Republic of Germany (BGBl). I No 122/2006 within six months. '

Article 2

Federal law amending the Medical Act 1998 (8). Medical Law-Novel)

Federal law on the exercise of medical profession and the professional representation of doctors (Medical Law 1998-ÄrzteG 1998), Federal Law Gazette (BGBl). I n ° 169, as last amended by the Federal Law BGBl. I n ° 156/2005, shall be amended as follows:

1. In the second sentence of § § 3 (1) and 52 (3), the term of the word shall be "an open working society" through the phrase "an open society" replaced.

1a. § 12a (4) fifth sentence is deleted.

1b. In the first sentence of § 13b, the sequence of paragraphs shall be followed by '§ § 9, 10, 11, 12, 12a, 13, 32, 33, 35 and 39 (2)' through the paragraph sequence "§ § 9, 10, 11, 12, 12a, 13, 14, 14a, 15 para. 2, 32, 33, 35 and 39 para. 2" replaced.

1bb. Section 14a together with the heading is:

" Intakes of other periods of medical education or training, activities and examinations

§ 14a. (1) Insofar as § 14 does not apply, under the condition of equivalence

1.		medical training periods completed domestically in accordance with the provisions of this Federal Law,
2.		Medical education or training periods completed abroad,
3.		In one of the other Member States of the European Economic Area or the Swiss Confederation, under the guidance and supervision, periods of medical practice for the purpose of acquiring the right to obtain professional qualifications knowledge, experience and skills as a doctor for general medicine or a specialist in medicine,
4.		Times of attendance,
5.		the training service of women in the Bundesheer and
6.		civil service
to be counted for the duration of the training as a doctor for general medicine or a specialist or for the training in an additive compartment.

(2) Under the condition of equivalence, examinations completed abroad are to be counted on the examination of the doctor for general medicine or the specialist.

(3) If necessary, the Training Commission may establish that certain periods completed under the guidance and supervision of a certain person in one of the other Member States of the European Economic Area or of the Swiss Confederation Activities for the purpose of acquiring the knowledge, experience and skills of the training provided by this federal law as a doctor of general medicine in order to obtain the right to obtain the right to be a general practitioner. are equivalent if:

1.		these periods of time as laid down in Directive 93 /16/EEC and Directive 2005 /36/EC on the recognition of professional qualifications, OJ L 206, 22.7.2005, p. No. 22, regulated special training in general medicine in the Member State concerned of the European Economic Area or the Swiss Confederation; and
2.		through the completion of these periods, the objectives of the training as a doctor of general medicine regulated by the regulation on doctors ' training in accordance with § 24 of this Regulation are achieved.

(4) If necessary, the Training Commission may establish that certain periods completed in one of the other Member States of the European Economic Area or the Swiss Confederation under the guidance and supervision of the Commission may be made by a doctor. Activities for the purpose of acquiring the knowledge, experience and skills of the training regulated by this Federal Law to be equivalent to the specialist are equivalent to the specialist in the acquisition of the professional qualification, if:

1.		these periods correspond to those periods of professional training provided for in Directive 93 /16/EEC and in Directive 2005 /36/EC of the Member State concerned of the European Economic Area or the Swiss Confederation, and
2.		through the completion of these periods, the objectives of the training as a specialist in the regulation on doctors ' training in accordance with § 24 of the regulation are reached.

(5) An application in accordance with paragraph 1 or 2 shall be submitted by the State Medical Association of that Federal State in which the principal residence or, if the applicant has no primary residence in Austria, the principal residence in Austria or, where appropriate, if such a person has not passed, the last place of residence or residence of the applicant is located in Austria. If such a request has not been passed, the application shall be submitted in the form of a national medical chamber to be elected by the applicant. After examination of the formal requirements, the applicant has to submit the application of the Austrian Medical Association. In the case of an application as referred to in paragraph 1, the Austrian Medical Association shall, after having assessed the content and duration of the periods completed, shall have the applicant, on the basis of the documents submitted and taking into account his professional experience, additional training and -inform other medical education or further training on the periods of training that can be credited. In the case of an application as referred to in paragraph 2, the Austrian Medical Association shall inform the applicant of the verifiable parts of the test after having assessed the documents submitted.

(6) The Austrian Medical Association shall decide within a period of four months from the date on which the applicant submits the application including the complete dossier.

(7) In the case of the Austrian Medical Association pursuant to paragraph 6, the appointment to the Governor of the State of Austria shall be open, in the area of which the principal residence or, if the applicant does not have a main residence in Austria, the last in Austria the applicant's principal place of residence or, if such a residence has not been passed, the last residence or residence of the applicant in Austria. If such a situation has not been passed, the appointment shall be open to the Governor of the Federal State in which the applicant has submitted the application by way of the relevant State Medical Association. "

1c. In accordance with § 36, the following section 36a and title is inserted:

" Medical activity within the framework of national cooperation agreements between hospitals

§ 36a. (1) Doctors for general medical practice, approved doctors and specialists whose place of occupation, place of service or principal residence is located abroad may, unless the provisions of § 37 apply, notwithstanding a possible lack of general requirement of § 4 Section 2 Z 5 and the above mentioned in § § 4, 5 or 5a special Requirements for the medical profession at home in Austrian hospitals within the scope of a disloted management of departments or other organisational units that exceed the limits of national borders. The registration for entry in the list of doctors must be made no later than four weeks from the date of commencement of the exercise of the medical profession. In addition, § 27 on the entry into the medical list and § 59 on the erasing of the entitlement to exercise the medical profession are to be applied in a reasonable way.

(2) Doctors as referred to in paragraph 1 shall be full chamber members of the medical chamber in whose field they exercise the profession of medical profession from the day on which the practising of the medical profession is exercised. They are obliged, without prejudice to the non-application of § 69, to take the decisions taken by the Medical Association within the scope of their legal sphere of action concerning the reputation of the medical profession or the professional duties in Austria. follow. "

2. § 52a (3) reads:

" (3) The cooperation as a group practice has in the legal form of an open society within the meaning of § 105 of the Federal Act on special civil law provisions for companies (corporate code-UGB), BGBl. I No 120/2005. '

2a. In § 54, para. 4, the word order shall be "the serious bodily injury" through the phrase "a serious bodily injury" replaced.

2b. In § 59 (5), the word order is deleted "or 18 or 19" .

2c. In § 66 (5) the word order shall be " Data Protection Act, BGBl. No 565/1978 " through the phrase " Data Protection Act 2000 (DSG 2000), BGBl. I No 165/1999 " replaced. In § § 66 (6) and 118 (7) the word shall be given in each case "Data Protection Act" by the abbreviation "DSG 2000" replaced.

2d. The following paragraph 8 is added to § 66 (7):

" (8) Additional electronic mail sent by the medical chambers to more than 50 members of the chamber for the purpose of carrying out the tasks assigned to the medical chambers in accordance with paragraphs 1 and 2 shall not require prior consent from the Receiver. "

2e. § 71 (2) to (5) reads:

" (2) The Curia of the Doctors Employed belong to:

1.		Doctors who do their job
a)			exclusively within the framework of a service,
b)			in the context of an employment relationship and, in addition, freelance without the grounds of a professional seat, or
c)			as a doctor with a managable function in a hospital within the framework of an employment relationship and, in addition, on a freelance basis, provided that no statement pursuant to paragraph 4 of the first sentence is available,
2.		Doctors pursuant to paragraph 3 (3) (3), who have made a statement pursuant to paragraph 4, second sentence, and
3.		Doctors referred to in paragraph 3 (4), who have not made a declaration in accordance with paragraph 4, third sentence.

(3) The Curia of the Established Doctors is a part of:

1.		exclusively freelance doctors, including members of group practices, as well as including resident physicians,
2.		Contract doctors, other than doctors with a management function in a hospital, an area sickness fund, whether or not they pursue their profession in the context of an employment relationship,
3.		Contract doctors, other than doctors with a management function in a hospital, of at least two statutory health insurance institutions, but not a health insurance fund, regardless of whether they are also employed in the context of a service , unless there is a declaration pursuant to paragraph 4, second sentence,
4.		Doctors, other than doctors who have a management function in a hospital, who otherwise work with a professional seat and are also employed in the context of an employment relationship, provided that a declaration is made in accordance with paragraph 4, third sentence, and
5.		Doctors who have made a declaration in accordance with paragraph 4, first sentence.

(4) A doctor referred to in paragraph 2 Z 1 lit. c is to be assigned to the Curia of the Curia of the Established Doctors in place of the Curia of the Appointed Doctors, provided that he is also a contract doctor of a statutory health insurance institution or a hospital care institution and if he is registered in the Medical list or until the thirtieth day before the day of the expulsion (deadline) a written declaration has been filed with the competent medical chamber, according to which he wants to belong to the curia of the established physicians. A doctor referred to in paragraph 3 (3) (3) shall be assigned to the curia of the employed physicians in place of the curia of the established physicians, provided that he or she is entered in the list of doctors or until the thirtieth day before the day of the expulsion (effective date). written declaration to the competent medical chamber, according to which he wants to belong to the curia of the doctors employed. A doctor referred to in paragraph 3 (4) shall be assigned to the curia of the established physicians in place of the curia of the employed physicians, provided that he or she is entered in the list of doctors or until the thirtieth day before the day of the expulsion (effective date). written declaration at the competent medical chamber, according to which he wants to belong to the curia of the doctors established in the medical field.

(5) In addition, the Medical Association shall, on the basis of a notification in accordance with § 29, which may have the effect or effect of a change in the course association, immediately, but at the latest within four weeks from the date of the notification of the notification, its To give notice in writing and to inform him of the possibility of filing a written declaration to the competent medical chamber pursuant to paragraph 4, first, second or third sentence, for the purpose of a course change. "

3. Before § 81, the title shall be "Chamber Board" inserted.

(3a) § 86 (4) reads:

" (4) With regard to the decision-making in the Bureau, Section 79 (5) shall apply mutatily. Decisions in urgent matters shall be submitted to the Executive Board without default and shall require the following consent of the Executive Board, unless otherwise specified in the Articles of Association. All other decisions of the Bureau shall be brought to the attention of the Bureau at its next meeting. A Vice-President elected by the General Assembly shall have a right to vote only if the President does not participate in the meeting. "

§ § 98 (7) and (102) (7), second sentence, the title of paragraph shall be given in each case. "§ 92" through the paragraph label "§ 108a" replaced.

3c. § 101 (4), the title of the paragraph shall be "§ 92 (1)" through the paragraph label "§ 108a (1)" replaced.

(4) In § 112 (2), the following sentence is added:

" A corresponding, at the most, up to the first. January 2005 retroactive exemption is permitted. "

4a. In § 118 sec. 2 Z 2 the word order "Medical Faculties" through the phrase "Medical Universities" replaced.

4b. In § 118 (2) Z 18, the order of words and numbers shall be deleted " or Paragraph 5 Z 1 " .

4c. According to Article 118 (3), the following paragraph 3a is inserted:

' (3a) The Austrian Medical Association shall have the purpose of providing financial support and relief to patients who, by means of culpable unlawful medical action, by professional doctors, including members of group practices. have suffered damage and for which there is no prospect of obtaining, in an appropriate period, any other appropriate compensation, in particular from the professional indemnity insurance of the physician, to establish a Solidarity Fund. If the Austrian Medical Association has provided benefits from the Solidarity Fund and if the patient is entitled to compensation for damages against a third party on the basis of the damage suffered, these claims shall go up to the level of the Austrian Medical Association. Doctors ' Chamber on the Austrian Medical Association's growing effort. More details must be laid down in the Articles of Association of the Austrian Medical Association or in a separate regulation, in which it is also to be determined that BGBl should be used before the entry into force of the Federal Law. I n ° 122/2006 suffered losses from the Solidarity Fund. "

(5) In § 128 (4), the following sentence shall be inserted after the fourth sentence:

"Decisions in urgent matters shall be submitted to the Executive Board without default and shall require the following consent of the Executive Board, unless otherwise specified in the Articles of Association."

(6) In § 195 (2), the word order shall be "in full text on the Internet" through the phrase "in the full text including the customer's point of view on the Internet on the homepage of the respective medical chamber" replaced.

7. In § 195 (6), (6a), 6d, 6e and 6f the word order shall be "in full text on the Internet" through the phrase "in the full text including the customer's point of view on the Internet on the homepage of the Austrian Medical Association" replaced.

8. In § 195 (6b) the word order shall be "Regulation on doctors ' training of the Federal Minister for Health and Women (§ 24 para. 1)" through the phrase "Regulation of the Federal Minister of Health and Women on the training as a doctor of general medicine/to the doctor for general medicine and to the specialist doctor (physicians/doctors-training regulations 2006-ÄAO 2006) in accordance with § 24 para. 1" replaced.

9. In § 195 (6c) the word order is deleted "the release" .

9a. In § 209 (2) the word order shall be "for the supplementary special training in a sub-area of a special subject" through the phrase "in an additive compartment" replaced.

10. In § 214 (4), the word order shall be "to be released" through the phrase "to the In-Force Trees" replaced.

11. § 214 (12), inserted by the Federal Act BGBl. I n ° 65/2002, the sales designation shall be replaced by: "(12a)" .

11a. § 218 (1) (1) (1) reads:

" 1.		as regards Section 49 (4) and (5) of the Federal Minister for Education, Science and Culture, in agreement with the Federal Minister for Health and Women, "

12. The following sections 224 and 225 together with the headings are added to § 223:

" Transitional provision of the 8. Medical Law-Novel

Section 224. (1) Persons who are at the In-Kraft-Tretens-Time of this Federal Law, BGBl. I n ° 122/2006, in training as a specialist for oral, maxillofacial and facial surgery according to the provisions of the doctors ' training regulations, BGBl. No 152/1994, in the version of the BGBl. II No 228/1998, are entitled to have the compulsory minor subject 'dentistry, oral and oral medicine' provided for in the course of this training with a full-time activity of at least two years ' duration, or by a corresponding extension of the duration of the training. Part-time in the case of a professional dentist who has been entitled to carry out the dental profession in a self-employed capacity for at least five years. The persons undergoing training are only entitled to perform dental activities in an independent exercise and only under the supervision and supervision of the dentist's office.

(2) The decisions taken by the Presidential Committee of a Medical Chamber in a federal state and by the Presidential Committee of the Austrian Medical Association shall also be taken in urgent matters to the constitution of the Presidia in accordance with Section 221 (1) of this Regulation. shall be submitted without default and shall be subject to the following consent, unless otherwise provided for in the Articles of Association.

In-Force-Tretens-Determination of the 8. Medical Law-Novel

Section 225. § § 3 (1), second sentence, 52 (3) and 52a (3), in the version of the Federal Law, BGBl. I n ° 122/2006, enter 1. Jänner 2007 in Kraft. "

Article 3

Amendment of the Prescription Care Act

The prescription law, BGBl. No 413/1972, as last amended by BGBl. I n ° 155/2005, is amended as follows:

1. § 1 (1) reads:

" (1) The Federal Minister of Health and Women has to determine, on the basis of the respective state of medical science, by means of a regulation which medicinal products, even in the case of their intended use, the life or the health of If they are used without medical, dental or veterinary supervision, and which are therefore only available on the basis of a prescription (prescription) of a doctor, dentist, veterinary surgeon, Dentisten or in person, A midwife or a cattle cutter may be delivered. In particular, it should be noted that, against the background of the information content of the labelling and the use information as well as the advice function of the doctor and pharmacist, the use of non-prescription proprietary medicinal products in the If there are minor complaints, this may be appropriate, taking account, in particular, of the duration of the treatment necessary and the specific requirements relating to certain categories of consumer. "

2. According to Article 1 (2), the following paragraph 2a is inserted:

"(2a) For livestock cutters, medicinal products which are necessary for the performance of their industrial property rights in a way that is appropriate for animal welfare may be given."

3. In § 2 (1) and (2), the word order shall be "The Federal Minister for Health and Women" through the phrase "The Federal Office for Health Security" and in section 2 (1), the phrase "the Federal Minister for Health and Women" through the phrase "the Federal Office for Health Security" replaced.

Fischer

Bowl