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Dental Chamber Of Law - Zäkg

Original Language Title: Zahnärztekammergesetz - ZÄKG

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154. Federal law on the professional representation of persons belonging to the dental profession and the Dentist profession (Dental Health Insurance Act-ZÄKG)

The National Council has decided:

table of contents

1. Main item

Section 1

General provisions

§ 1

General

§ 2

Stand representation

§ 3

Definitions

§ 4

Confidentiality of Obligations

§ 5

Obligation to provide information

§ 6

Data Usage

§ 7

Mutual assistance

§ 8

Review rights

§ 9

Information rights

Section 2

Chamber membership

§ 10

Chamber Members

§ 11

Rights of chamber members

§ 12

Duties of chamber members

§ 13

Extraordinary Chamber Members

Section 3

Rights and duties of the functionaries/functionaries

§ 14

Performance of the mandate

§ 15

Rights of functionaries/functionaries

§ 16

Duties of the functionaries/functionaries

2. Main piece

Austrian Dentists ' Chamber

Section 1

§ 17

Austrian Dentists ' Chamber

§ 18

Impact circle

§ 19

Own impact area

§ 20

Transmitted impact area

Section 21

Verification of trustworthiness-EEA

Section 2

Organs of the Austrian Dentist Chamber

Section 22

Organs

Section 23

Federal Committee

§ 24

Tasks of the Federal Committee

Section 25

Federal State

Section 26

Tasks and decision-making by the Federal Board of management

§ 27

President/President

§ 28

Financial Officer/Financial Officer

§ 29

Auditor/Auditor

§ 30

Delegates ' Meeting

Section 31

Tasks and decision-making of the Assembly of Delegates

Section 3

Chamber Office

Section 32

Chamber Office

§ 33

Chamber Director/Chamber Office Director

3. Main piece

State Dental Chambers

Section 1

Section 34

State Dental Chambers

§ 35

Role

Section 2

Organs of the State Dentists ' Chamber

§ 36

Organs

Section 37

Delegates

§ 38

Election of Delegates

§ 39

State Committee

§ 40

Duties of the State Committee

Section 41

State Member State

§ 42

Tasks and decision-making by the Landesvorstand

Section 43

President/President

Section 44

National Finance Officer/Landesfinanzreferentin

§ 45

Country auditors/Landesrechnsters

Section 3

Section 46

Speakers/Referees

§ 47

District and regional dentists ' representatives/district and regional dental representatives

§ 48

Extended Landesauschuss

§ 49

State Secretariat

4. Main piece

Section 1

Quality assurance

§ 50

Establishment for Quality Assurance

Section 51

Scientific Advisory Board for Quality Assurance

Section 52

Quality assurance regulation

Section 2

Dispute resolution

Section 53

Patient dispute resolution

§ 54

Collegial dispute settlement procedure

5. Main piece

Disciplinary law

Section 1

§ 55

Discipline verdicts

§ 56

Limitation of Tracking

Section 2

Disciplinary measures

Section 57

One-stop action

Section 58

Disciplinary penalties

§ 59

Temporary underage of the profession

§ 60

Deletion from the Dentist List

Section 3

Disciplinary bodies

Section 61

First instance disciplinary bodies

Section 62

Disciplinary Board

§ 63

Disciplinary lawyer/Disciplinary Lawyer in First Instance

Section 64

Investigators/Investigators

Section 65

Second instance disciplinary bodies

Section 66

Disciplinary arsenal

Section 67

Disciplinary/Disciplinary Lawyer in Second Instance

Section 68

Law firms of the Disciplinary Board and the Disciplinary Arsenal

Section 4

Proceedings before the Disciplinary Board

Section 69

Proceedings before the Disciplinary Board

Section 70

Exclusion and partiality

§ § 71 and 72

Decision on the persecution

§ § 73 and 74

Pre-Procedure

§ 75

Conclusion of the preliminary procedure

§ § 76 and 77

Oral proceedings

§ § 78 and 79

Trial in absentia

§ 80

Decision-making

§ 81

Knowledge

Section 82

Cost

Section 83

Niederschrift

Section 84

Delivery

§ 85

Civil claims

Section 5

Appeal procedure

§ 86

Legal remedies

§ 87

Exclusion and partiality

Section 88

Decision

§ 89

Appointment procedure

§ 90

Oral proceedings

Section 91

Decision

§ 92

Knowledge

Section 93

Exceptional remedies

Section 94

Cost

6.

Implementation of decisions

§ 95

Disciplinary Register

§ 96

Fines and procedural costs

Section 97

Penalties

Section 98

Deletion from the Dentist List

Section 7

Eradication of disciplinary sanctions

§ 99

Grace periods

§ 100

Tilgung

8. Section

§ 101

Penalties

Section 102

Application of other statutory provisions

Section 103

Communications to the public

6. Main piece

Section 1

Gebarung

Section 104

Annual estimates and financial statements

Section 105

Chamber contributions

Section 2

Right to know and oversee

Section 106

Right of instruction

Section 107

Acts in the field of action transferred

Section 108

Supervisory law

Section 109

Legal acts in their own sphere of action

Section 3

§ 110

Criminal provisions

Section 4

Special provisions for Dentists/Dentistinnen

Section 111

Rights and obligations

Section 112

Support Fund

7. Main piece

Closure and transitional provisions

Section 1

Transitional provisions

Section 113

Chamber membership

Section 114

Succession

§ 115

Constitution of the Austrian Dentists ' Chamber

Section 116

Temporary organs and functions

Section 117

Dental representatives/representatives in the welfare fund

Section 118

Staff

§ 119

Chamber assets

§ 120

Closing of the accounts 2005 of the Austrian dentist's chamber

Section 121

Annual estimates 2006

§ 122

Acts of the Austrian Medical Association and of the Austrian dentist chamber

§ 123

Rights of de-shipment

Section 124

Pending procedures

§ 125

Disciplinary procedure

Section 2

Final provisions

§ 126

In-force pedals

§ 127

Enforcement

1. Main item

Section 1

General provisions

General

§ 1. Insofar as reference is made in this Federal Act to provisions of other federal laws, these are, unless otherwise determined, to be applied in their respectively applicable version.

Stand representation

§ 2. (1) The "Austrian Dentist Chamber" shall be responsible for the professional representation of the members of the dental profession and of the Dentistenprofession.

(2) "State Dental Chambers" shall be established for the spatial area of each federal state in accordance with § § 34 et seq.

Definitions

§ 3. (1) Unless otherwise specified in individual provisions of this Federal Law, the designations "Dentist"/"Dentist" and "Dentists" in this Federal Act also refer to Dentisten/Dentistinnen.

(2) In the sense of this Federal Law:

1.

Organs: the representative bodies of the Austrian Dentistry Chamber in accordance with § § 22 ff and the State Dental Chambers according to § § 36 et seq.;

2.

Delegates: the members of the Land Committees elected in accordance with the provisions of this Federal Act, in accordance with § 37;

3.

Functionaries: the members of the institutions elected in accordance with the provisions of this Federal Act, in accordance with Z 1;

4.

Speakers: persons appointed or elected in accordance with the provisions of this Federal Act, who are responsible for the preparation, processing or carrying out of tasks of the Austrian Dentists ' Chamber or the State Dental Chambers are;

5.

Staff: persons working in an employment relationship with the Austrian Dentists ' Chamber or a State Dentistry Chamber;

6.

Representatives: persons entrusted with the implementation of certain projects by the Austrian Dentist Chamber or a State Dentistry Chamber.

Confidentiality of Obligations

§ 4. (1) The institutions, functionaries, lecturers and staff of the Austrian Dentists 'Chamber and the State Dentists' Chambers are, in so far as they are not subject to other statutory confidentiality obligations, to the Secrecy on all the facts which have become known in the performance of their duties and whose secrecy is required in the interests of the Chamber, of a local authority or of the parties.

(2) The supervisory authority shall, at the request of a court, an administrative authority or the public prosecutor's office, release from this obligation, if it is in the interests of the administration of justice or in other public interests.

(3) At the request of the person (s) who are subject to secrecy, he/she may be relieved of the obligation of confidentiality by the supervisory authority, if:

1.

the statement in court or an administrative authority could relate to facts which are subject to the obligation of confidentiality, and

2.

the removal is in the interest of the administration of justice or in the interests of the public interest.

Obligation to provide information

§ 5. (1) The Austrian Dentists ' Chamber and the State Dental Chambers are obliged to provide the members of the Chamber with information on matters of their scope, insofar as the obligation of confidentiality in accordance with § 4 or any other statutory provisions of law The obligation to conceal the law does not preclude this.

(2) Information referred to in paragraph 1 shall be provided only in so far as:

1.

in this way, the proper execution of their legal tasks is not prevented and

2.

that they are not obviously required to do so.

The Information Obligations Act, BGBl. No 357/1990, should be applied.

(3) The Austrian Dental Association or the Austrian Dentistry Chamber may be responsible for any additional benefits beyond the statutory obligation to provide information. the respective State Dentists ' Chamber shall require appropriate financial compensation.

(4) The State Dental Chambers are obliged to provide the medical chambers of the respective federal state the necessary for the administration of the welfare funds

1.

to collect data and to transmit it in the electronic form defined by the Management Committee of the respective Medical Chamber; and

2.

To provide information, in so far as these are not to be transmitted by the professional concerned himself/herself to the relevant medical chamber, or ,

Data Usage

§ 6. (1) The Austrian Dentists ' Chamber and the State Dental Chambers are in compliance with the Data Protection Act 2000, BGBl. I No 165/1999, authorised, within the limits of its scope, to carry out the tasks assigned to them by law

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.

(2) Without prejudice to paragraph 1, the Austrian Dentist Chamber and the State Dental Chambers shall be entitled to:

1.

to the social security institutions and health care institutions, the data required for the implementation of the holding of the chamber contributions from the treasury fee; and

2.

to the social security institution of the commercial economy, the data of the members of the chamber, which appear in the list of dentists, including their amendments to the implementation of the measures provided for under the social security rules;

shall be transmitted. The transmission of data by recipients according to Z 1 and 2 is not permitted.

Mutual assistance

§ 7. (1) The Austrian Dentists ' Chamber and the State Dental Chambers are obliged to provide assistance to the federal, state and local authorities within the framework of their legal scope.

(2) Within the scope of the Austrian Dentist Chamber and the State Dental Chambers, the authorities, the statutory professional representations and the institutions of social security shall, upon request, have the duties necessary for the fulfilment of their obligations. to provide the necessary information and to assist them in their effectiveness.

(3) The Austrian Dentist Chamber and the State Dental Chambers have within their scope the authorities, legal professional representations, the institutions of social security, the legally established patient advocates , and to the People's Office, at the request of the People's Office, to provide the information necessary for the fulfilment of those obligations and to assist them in their effectiveness.

Review rights

§ 8. (1) Draft law and regulations affecting the interests of which the Austrian Dentist Chamber is to be represented shall be submitted to the Austrian Dentist's Chamber for the purpose of evaluating them, with a reasonable period of time.

(2) The Austrian Dentists ' Chamber shall be informed of any project relating to law-making within the framework of the European Union, which shall affect the interests of which the Austrian Dentistry Chamber is to be represented. It shall, in particular, be given an opportunity to give an opinion on draft regulations, directives or recommendations of the European Union within a reasonable time.

Information rights

§ 9. (1) The courts are obliged to make the Austrian Dentist Chamber

1.

from the initiation and termination of a judicial criminal proceedings against and proceedings concerning the appointment of a material 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 Austrian Dentistry Chamber is obliged to transfer to the Disciplinary Attorney/Disciplinary Lawyer.

(2) The administrative authorities shall, in so far as they relate to administrative transgressions relating to the professional practice of dentistry, shall be obliged to provide the Austrian Dentistry Chamber with the initiation and termination of a To communicate the administrative criminal proceedings against a member of the chamber and to send her a copy of the legally binding penal code. The Austrian Dentistry Chamber is obliged to transfer to the Disciplinary Attorney/Disciplinary Lawyer.

Section 2

Chamber membership

Chamber Members

§ 10. (1) Member of the Austrian Dentists ' Chamber is each member of the dental profession or profession of dentist who is responsible for the

1.

is entered in the dental list run by the Austrian Dentists ' Chamber,

2.

practising a dental profession or a dental profession, and

3.

His/her professional seat, place of work or in the case of work as a resident medical practitioner /Living/sitting doctor has his/her residence in the Federal Republic of Germany.

(2) Persons who receive an old-age or permanent invalidity pension from the Welfare Fund of a Medical Association shall only be members of the Austrian Dentistry Chamber if they are continuously active on the basis of regular dental activities. Pay chamber contributions as well as contributions to the Welfare Fund of the Medical Association.

(3) The assignment of each chamber member to a State Dentistry Chamber is directed at

1.

after the place of occupation,

2.

where there are two professional seats, in accordance with the one for which there is an individual contract with a sickness insurance institution,

3.

provided that there are two professional seats in accordance with Z 2, in accordance with the one for which there is an individual contract with the competent territorial health insurance fund,

4.

if there are two professional seats in accordance with Z 3, after the one for which the individual contract was concluded earlier,

5.

provided that there are two professional seats for which no individual contract has been concluded, according to the one which was previously established,

6.

if there is no professional seat, after the place of work,

7.

where there are several places of duty, after that which has been established earlier,

8.

If there is no place of business, after the residence.

(4) The chamber membership shall be issued if the members of the profession are

1.

has declared a professional attitude at the respective State Dentists ' Chamber, or

2.

has been deleted from the Austrian Dentists 'Chamber from the dentists' list.

Rights of chamber members

§ 11. (1) The members of the Chamber shall be entitled to respect for their professional, social and economic interests by the Austrian Dentistry Chamber.

(2) You are entitled to elect the delegates in accordance with this federal law and to be elected as such.

(3) Each chamber member shall be entitled to issue a dental certificate by the Austrian Dentist Chamber.

Duties of chamber members

§ 12. (1) Each chamber member shall be obliged to:

1.

comply with the decisions taken by the Austrian Dentist Chamber and the State Dentist Chamber responsible for them within the scope of their legal sphere of action; and

2.

to make the established chamber contributions.

(2) Each chamber member shall be obliged to:

1.

to submit the data necessary for the management of the welfare funds to the respective State Dentists ' Chamber,

2.

to provide the relevant medical chamber with the information necessary for the management of the welfare funds;

3.

which, according to the provisions of the Medical Law 1998, BGBl. I No 169, as well as the statutes of the respective welfare fund, and to contribute to the welfare fund in accordance with the provisions of the relevant charitable contribution order.

(3) Is an official dentist /Odentsdentist Member of the Austrian Dental Chamber of Dentists, he/she is only obliged to comply with the instructions and instructions of the Austrian Dental Chamber and the competent State Dental Chamber and its organs in the event that they are not in the Opposition to his/her duties as an official dentist /Odentsdentist or the instructions and instructions given to him/her by his/her head of service.

Extraordinary Chamber Members

§ 13. (1) As extraordinary members of the Austrian Dentists ' Chamber, members of the dental profession or of the Dentistenberufs (Dentist profession), who are

1.

no longer fulfil one or more of the requirements of section 10 (1), or

2.

are not members of the Austrian Dental Association pursuant to Section 10 (2),

in the dentists list.

(2) Non-ordinary chamber members are entitled to:

1.

to obtain the official publication organ of the Austrian Dentists ' Chamber and

2.

continue to lead your dentist's ID card.

(3) Non-ordinary members of the Chamber shall be obliged to:

1.

comply with the decisions taken by the Austrian Dental Chamber of Dentists and the State Dentist Chamber responsible for them within the scope of their legal sphere of action,

2.

to make the chamber contributions set out in the contribution regulations for these persons;

3.

do not behave in an unresistable way.

(4) The extraordinary chamber membership shall be issued as soon as the person concerned is

1.

Member of the Austrian Dentists ' Chamber pursuant to § 10, or

2.

The Austrian Dental Association has informed the Austrian Dental Association of its withdrawal, in which case the Austrian Dentist Chamber has to immediately remove the deletion from the dental medical list.

(5) The Austrian Dentist Chamber may exclude extraordinary chamber members from the chamber in the event of undue behaviour. No legal remedy is open against exclusion.

(6) Persons who have been excluded from the board in accordance with paragraph 5 shall immediately deliver their dentist's certificate. If this obligation is not complied with, the district administrative authority responsible for the main residence shall, at the request of the Austrian Dentist Chamber, forcibly collect the dentist's certificate and send it to the dentist's office.

Section 3

Rights and duties of the functionaries/functionaries

Performance of the mandate

§ 14. (1) Functional/functionaries in accordance with § 3 (2) (3) (3) are not bound by any mandate in the performance of their duties.

(2) They shall exercise their duties on a voluntary basis, without prejudice to the costs of compensation pursuant to § 15 para. 2.

(3) Functional and functional women must not suffer any disadvantage in exercising their duties in accordance with the requirements of the law.

Rights of functionaries/functionaries

§ 15. (1) The functionaries /Functionists , having regard to data protection and legal confidentiality, shall have the right to all information necessary and useful for the performance of their duties by the competent institutions.

(2) They are entitled to the replacement of the effort they have made in the performance of their duties. More detailed rules on the costs of compensation for officials /Functionists shall be fixed by the Austrian Dentists ' Chamber (compensation scheme).

(3) functionaries who exercise their profession in service shall be entitled to provide the necessary leisure time for the performance of their duties with regard to their service provider/service provider.

Duties of the functionaries /Functionists

§ 16. (1) The functionaries are obliged to fulfil the tasks and functions assigned to them in accordance with this Federal Act to the best of their knowledge and consciences and to fulfil their tasks in accordance with the legal objectives of the The Austrian Dental Association and the respective State Dentists ' Chamber have to act accordingly.

(2) You are subject to the obligation of confidentiality in accordance with § 4 and the obligation to provide information in accordance with § 5.

2. Main piece

Austrian Dentists ' Chamber

Section 1

Austrian Dentists ' Chamber

§ 17. (1) The "Austrian Dentists ' Chamber" ("ÖZÄK") is responsible for the professional representation of the members of the dental profession and the profession of dentist. , which is set up at the seat of the Federal Government.

(2) The Austrian Dentist Chamber is a public corporation.

(3) The Austrian Dentist Chamber is entitled to carry the federal coat of arms with the inscription "Österreichische Dental-kammer" (Austrian Dental Chamber).

(4) The correspondence of the Austrian Dentists ' Chamber and its institutions with the public authorities and offices is exempt from the stamp and legal fees.

Impact circle

§ 18. The Austrian Dentists ' Chamber is appointed

1.

to perceim and promote the common professional, social and economic interests of the members of the Chamber;

2.

for the maintenance of professional and professional vision and the professional and professional duties of the dental profession.

Own impact area

§ 19. (1) In its own sphere of action, the Austrian Dentistry Chamber shall carry out the following tasks in particular:

1.

Conclusion and dissolution of contracts to regulate the relationships of persons belonging to the dental profession with the institutions of social security (associations), care and health care;

2.

Conclusion of collective agreements as a legal representation of interests on the employer's side;

3.

Establishment, participation or To designate a dental quality assurance institution and to participate in the control of quality assurance measures;

4.

Award of further education and further education diplomas to professionals and recognition of professional and continuing education and training completed in Germany or abroad;

5.

Implementation of training and training for dental assistants;

6.

review of the remuneration of dental services, including the remuneration agreed in service contracts, and the reimbursement of opinions on the appropriateness of a requested remuneration for the courts or administrative authorities;

7.

Establishment of patient training centres and collegial factions, as well as the implementation of patient-dispute resolution procedures as well as collegial settlement procedures;

8.

Establishment and operation of economic institutions.

(2) The Austrian Dentist Chamber is responsible for the release of the following provisions in its own sphere of action:

1.

guidelines on the extent and form of dental training, as well as the preparation and implementation of training programmes for professionals (training guidelines);

2.

Regulations on the maintenance of the dental professional appearance and the dental professional obligations (standstill regulations);

3.

Rules on the type and form of authorised dental information (advertising guidelines);

4.

the rules on the type and form of the designation of dental office (Schilderordnung);

5.

Guidelines for the appropriate remuneration of dental services (Autonome Honorary Guidelines);

6.

Guidelines on the extent and form of dental training (training guidelines);

7.

Annual announcement of the limit value as a prerequisite for the written salvation and cost plan (limit value regulation);

8.

Rules on the implementation of the settlement procedure between patients and members of the patient (the order of patients ' dispute resolution);

9.

provisions on the implementation of dispute settlement procedures for disputes between members of the Chamber (Collegial Dispute Settlement);

10.

Statute and Rules of Procedure;

11.

Contribution order;

12.

Dieting and travel regulations;

13.

Allowance for compensation;

14.

Regulations for the employees of the Austrian Dentists ' Chamber concerning the conditions of service, employment and pension law.

(3) In order to represent the interests of the dental profession, the Austrian Dentistry Chamber shall, in particular, carry out the following tasks:

1.

Secondment of representatives in and repayment of proposals for the appointment of other bodies and bodies, provided that this is provided for by the relevant legislation;

2.

representation of the Austrian dental profession in relation to foreign professional organisations and companies as well as international bodies;

3.

reimbursement of reports, opinions and proposals relating to health care, as well as in all other matters affecting the interests of the dental profession, to public authorities;

4.

participation in official health statistics;

5.

Participation in the facilities of the Austrian universities and other domestic higher education institutions for dental education, further education and further education;

6.

Evaluation of draft laws and regulations.

(4) Weiters is obliged to the Austrian Dental Association to the

1.

Reimbursement of an annual report to the supervisory authority,

2.

Securing the care of the members of the Chamber, with the exception of the members of the Dentist profession, their relatives and survivors, and the dental workers/female performers, their dependants and Survivors of the welfare funds of the doctors 'chambers through supply and support services by way of the welfare funds of the doctors' chambers in the federal states,

3.

the management and management of the support fund established for the members of the Dentistenprofession,

4.

the conduct of a disciplinary register in which any disciplinary penalty in force shall be entered, indicating the personal data of the member of the chamber concerned and the data of the convicted recognition;

5.

Publication of an official publication organ of the professional representative for the presentation of the regulations and guidelines issued by the Austrian Dental Association as well as for the information of the chamber members on the professional professional, legal and state-of-the-art developments

Transmitted impact area

§ 20. (1) In the transferred sphere of activity, the Austrian Dentist Chamber shall carry out the following tasks:

1.

the list of persons entitled to practise their profession and the profession of dentist (dentists ' list);

2.

Acceptance of applications for the exercise of the dental profession or profession of dental profession;

3.

Issuance of confirmations of registration in the dentists ' list;

4.

Exhibition of Dentists and Dentists;

5.

Withdrawal of entitlement to the exercise of the dental profession or profession of dentist;

6.

restriction of the profession of dental profession or of the profession of a dental profession;

7.

Award and withdrawal of the authority to guide the professional title "Prima-rius"/"Primaria";

8.

Issue of certificates referred to in Article 19b of Council Directive 78 /686/EEC of 25 July 1978 on the mutual recognition of diplomas, certificates and other evidence of formal qualifications in dentists and measures to facilitate mutual recognition of diplomas the actual exercise of the right of establishment and the right to freedom to provide services (Article 55 of the German Dental Doctors Act-ZÄG, BGBl. I No 126/2005);

9.

the issuing of certificates pursuant to Article 15 (3) of Directive 78 /686/EEC (Article 31 (4) of the ZÄG);

10.

Conduct of expert advice pursuant to Article 9 (3) and (10) (2) of Directive 78 /686/EEC (§ 21).

(2) For the procedures to be carried out in the matters referred to in paragraph 1 above,

1.

is the General Administrative Procedure Act 1991-AVG, BGBl. No 51, and

2.

The Austrian Dentistry Chamber may be subject to the terms of the Ordinance on Fees of Fees (paragraph 4 Z 3) to raise a processing fee.

(3) The Austrian Dentists 'Chamber may also provide a service company with the guidance of the dentists' list (paragraph 1). 1 Z 1). In this case, the service provider/service provider shall also be subject to the Obligation of confidentiality in accordance with § 4.

(4) Weiters shall be responsible for the discharge of the following provisions in the field of action transferred to the Austrian Dentistry Chamber:

1.

Regulations on the form and content of the dentist and the Dentist ID (Dentist ID Ordinance);

2 .

Regulations on dental quality assurance (Quality Assurance Regulation);

3.

Rules on the collection of a processing fee, which is to be determined in accordance with the average personnel and material costs associated with the implementation of the procedures (processing fee ordinance).

Verification of trustworthiness-EEA

§ 21. (1) The Austrian Dentistry Chamber has notified the requesting State of any request from one of the other States Parties to the Agreement on the European Economic Area (EEA States Parties) or the Swiss Confederation Facts concerning persons who are or have been registered in Austria in the dentists ' list and intend to carry out a dental activity in the requesting State, to examine the

1.

have taken place in the territory of the Republic of Austria before the establishment of the person concerned in the State concerned,

2.

are precisely determined and

3.

In the opinion of the requesting State, it may be appropriate to act on the degree of trustworthiness required for the exercise of the dental profession.

(2) Within the framework of the examination,

1.

to obtain an opinion from the professional concerned and

2.

determine whether an administrative or administrative criminal or criminal procedure is pending against him/her in respect of the facts in Austria, or whether an administrative or administrative action or a criminal law enforcement or administrative criminal procedure is has been imposed on a criminal court measure.

(3) The outcome of this examination and an assessment as to whether the measure imposed is likely to give rise to doubt as to the person's trustworthiness in respect of the dental professional exercise shall be within three months of the date of the request of the applicant State. ,

Section 2

Organs of the Austrian Dentist Chamber

Organs

§ 22. Organs of the Austrian Dentists ' Chamber are:

1.

the Federal Committee,

2.

the Federal State of Germany,

3.

The President/President and Vice-Presidents,

4.

the financial officer/financial officer,

5.

the auditors/auditors,

6.

the Assembly of Delegates.

Federal Committee

§ 23. (1) The Federal Committee of the Austrian Dentistry Chamber consists of the presidents and vice-presidents of the State Dental Chambers.

(2) The meetings of the Federal Committee are

1.

if necessary, but at least twice a year, or

2.

at the request of at least five voting members of the Federal Committee

vom/from the President/President of the Austrian Dentist Chamber to be convened and led by this Chamber.

(3) The Federal Committee shall have a quorum if more than half of its voting members are present.

(4) Voting members of the Federal Committee are the Presidents of the State Dentists 'Chambers, in the event of which the Vice-Presidents of the respective State Dentists' Chamber are prevented from being elected. The right to vote of each President/President Vice-President/Vice-President of a State Dentistry Chamber is weighted according to the ratio of the number of chamber members assigned to the respective State Dentist Chamber to the number of all chamber members of the Austrian Dentistry Chamber. More detailed provisions on the calculation of weighted voting rights shall be laid down in the Statute.

(5) For decisions of the Federal Committee, the simple majority of the valid and weighted votes cast shall be required, unless other provisions under this federal law or the statute require other majorities of votes.

(6) The two-thirds majority of the valid votes cast shall be required

1.

the decision to withdraw confidence from the President/President, Vice-President/Vice-President/Vice-President or the Financial Officer/Financial Officer,

2.

the decision on the authorisation and amendment of the statutes and

3.

the decision on the establishment and transfer of tasks to the State Dental Chambers.

Tasks of the Federal Committee

§ 24. The Federal Committee of the Austrian Dentists ' Chamber is responsible for

1.

the execution of all tasks assigned by law to the Austrian Dentist Chamber pursuant to § § 19 ff, insofar as these are not expressly assigned to other institutions under this federal law,

2.

the decision on the establishment and transfer of tasks to the State Dental Chambers,

3.

the election of the President/President, the three Vice-Presidents/Vice-Presidents, the Financial Officer/Finance Officer and the two auditors of the Austrian Dentistry Chamber,

4.

the decision on the withdrawal of the trust of the President/President, the Vice-Presidents/Vice-Presidents or the Financial Officer/Financial Officer of the Austrian Dentists ' Chamber,

5.

the management of the assets of the Austrian Dentists ' Chamber,

6.

the arrangement of the choice of delegates and the definition of the number and functions of the delegates,

7.

the decision of the annual estimates and the clearance of accounts of the Austrian Dentists ' Chamber,

8.

the decision on the determination of the chamber contributions of the Austrian Dentists ' Chamber,

9.

the decision on matters to be taken by a regional dental chamber of the Austrian Dentists ' Chamber for a decision,

10.

the setting up of advisory committees,

11.

the appointment of lecturers and other agents,

12.

the convening of the Assembly of Delegates,

13.

the appointment of trailing members of the Management Committee of the Support Fund for Members of the Dentist profession,

14.

the Decision of the Rules of Procedure of the Support Fund for Members of the Dentist profession.

Federal State

§ 25. (1) The Bundesvorstand (Federal Council)

1.

The President/President,

2.

the three Vice-Presidents and Vice-Presidents

3.

The Financial Officer/Financial Officer

the Austrian Dentist Chamber.

(2) The President, Vice-Presidents and the Financial Officer/Financial Officer of the Austrian Dentist Chamber are elected by the Federal Committee from the circle of its members for a period of five years. They shall be elected in separate ballots by an absolute majority of the valid votes cast.

(3) The Federal Minister for Health and Women's Minister for Health and Women's Office has, after hearing the Austrian Dentist Chamber, detailed provisions on the election of the President/President, the Vice-Presidents and the Vice-Presidents Financial Officer/Financial Officer of the Austrian Dentist Chamber to be established by Regulation.

(4) The President and Vice-Presidents of the Austrian Dentists ' Chamber, after their election, have in the hands of the Federal Minister for Health and Women the pledge to comply with the law. and to fulfil the faithful fulfilment of their obligations.

Tasks and decision-making by the Federal Board of management

§ 26. (1) The Bundesvorstand is responsible for

1.

the decision in matters of the Assembly of Delegates and the Federal Committee, provided that their decision-making cannot be expected because of the urgency of the matter;

2.

the treatment of matters which a Landesdental Chamber of the Austrian Dentistry Chamber submits to the decision;

3.

reimbursement of proposals for remuneration for other entities and bodies, provided that this is provided for by such legislation;

4.

the appointment of the Chamber Director/Chamber Director,

5.

the decision in personnel matters concerning the employees of the Austrian Dentistry Chamber.

(2) If a matter to be treated by the Federal State Council is mainly in the area of a State Dentistry Chamber, the Federal Board of Governors may decide to prevent the President/President or his/her prevention from the Vice-President/Vice-President of the respective State Dentistry Chamber with the right to vote in order to deal with the matter in question.

(3) Meetings of the Federal Board of Management are to be convened and guided by the President/President of the Austrian Dentistry Chamber.

(4) More detailed provisions on the decision-making in the Federal State of the Federal Republic of Germany shall be laid down in the Statute.

President/President

§ 27. (1) The President/President shall represent the Austrian Dentist Chamber to the outside. He/she is responsible for the preparation and implementation of the decisions of the institutions of the Austrian Dentistry Chamber.

(2) The President/President shall head the business and make the business.

(3) In the event of his/her prevention, the President/President shall be represented in the order of their choice by the Vice-Presidents. In the case of prevention of the President/President and all Vice-Presidents/Vice-Presidents, the President/President shall be represented at the oldest/oldest President of a State Dentistry Chamber over.

(4) The Vice-Presidents of the Federal Republic of Germany and the President/President shall have the confidence that the Vice-Presidents shall continue their business in the order in which they were elected. The Vice-President/Vice-President of the Executive Vice-President is obliged, in accordance with the decision of the Federal Committee, to immediately carry out the election of the President/President immediately or within four weeks to the Federal Committee for the New Election of the President/President President/President to be convened. If all of the Vice-Presidents/Vice-Presidents are also deprived of their trust, the Vice-Presidents of the years of life shall be replaced by the oldest President/President of a State Dentistry Chamber. The more detailed provisions on the withdrawal of confidence and of the subsequent appointments by re-election shall be laid down in the statutes.

Financial Officer/Financial Officer

§ 28. (1) The Chief Financial Officer has the economic interests of the Austrian Dentistry Chamber in compliance with the principles of economy, efficiency and expediency in the performance of statutory tasks. performing.

(2) In particular, his/her duties shall include:

1.

the preparation of the annual estimates and of the accounts, and

2.

the reimbursement of proposals for determining the amount of the chamber contributions and other charges.

(3) Each copy of business pieces of the Austrian Dentist Chamber concerning a financial matter shall be issued by the Financial Officer/Finance Officer, with the addition of the function title "Financial Officer"/"Financial Officer" sign.

(4) In the case of permanent prevention of the financial officer/financial officer or in the case of the withdrawal of trust by the Federal Committee, the Federal Committee has made it possible to appoint a new/new member from the circle of its members. Financial Officer/Financial Officer for the remainder of the operating period to be elected. Until re-election, the President/President shall be responsible for his/her duties. The provisions on the withdrawal of confidence and the re-election by re-election shall be laid down in the statutes.

Auditor/Auditor

§ 29. (1) For the duration of one calendar year, the Federal Committee shall elect two auditors from the Chamber of Chamber members.

(2) The audit of the clearance of accounts shall be the responsibility of the auditors/auditors.

(3) You have to report a written report to the Federal Committee on the audit of the clearance of accounts.

Delegates ' Meeting

§ 30. (1) The Assembly of Delegates shall consist of all delegates elected in the State Dentists ' Chambers in accordance with § 37.

(2) The Assembly of Delegates

1.

may be convened at any time by the Federal Committee and

2.

shall be convened, at the request of at least one third of the delegates, with the written announcement of a reason.

(3) The President of the Austrian Dentistry Chamber will be chaired by the Assembly of Delegates.

Tasks and decision-making of the Assembly of Delegates

§ 31. (1) The Assembly of Delegates shall be responsible for

1.

the decision on matters to be submitted to it by the Federal Committee for its importance;

2.

the decision on votes among all chamber members in matters requiring this because of their importance.

(2) The Assembly of Delegates shall be quorum if more than two-thirds of its members are present. At the end of a waiting period of 30 minutes, the Assembly of Delegates is, in any case, quorum without taking account of the number of members present. More detailed provisions on decision-making in the Assembly of Delegates shall be laid down in the Statute.

Section 3

Chamber Office

Chamber Office

§ 32. The Chamber Office has to perform the technical and administrative tasks necessary to fulfil the tasks of the Austrian Dental Association. The Chamber Office has in particular:

1.

To implement the decisions of the institutions of the Austrian Dentistry Chamber in an impartial way,

2.

prepare the opinions requested by the institutions of the Austrian Dentists ' Chamber,

3.

to submit appropriate proposals to the institutions of the Austrian Dentists ' Chamber; and

4.

to provide information and advice to the members of the Chamber and to the State Dental Chambers.

Chamber Director/Chamber Office Director

§ 33. (1) The chamber office is headed by a chamber-office director/chamber-office director/chamber director who is/is legally bound to the office of the President/President.

(2) The chamber office director/chamber director is appointed on a proposal by the President/President of the Federal Executive Board for the duration of the term of office of the Federal Executive Board. The reappointment is possible.

3. Main piece

State Dental Chambers

Section 1

State Dental Chambers

§ 34. (1) The State Dental Chambers in accordance with § 2 para. 2 shall be named "Landeszahnärztekammer für ..." with reference to the respective federal state.

(2) The Landesdental Chambers of Dentists shall have legal personality in that they are entitled to carry out the affairs assigned to them in their own name.

Role

§ 35. (1) The Landeszahnärztekchambers (Regional Dental Chambers) is responsible for the business of the Austrian Dentist Chamber of Regional Importance.

(2) The tasks of regional importance in accordance with paragraph 1 are in particular:

1.

Acceptance of applications for and explanations of the cessation and interruption of the exercise of the dental profession and forwarding to the Austrian Dentistry Chamber;

2.

Decision on the dissolution of contracts to regulate the relations of persons belonging to the dental profession with the institutions of social security (associations), care and health care for the federal state concerned;

3.

agreements with the social insurance institutions responsible for the respective federal state on the local distribution of contract dentists/contract dental specialists (establishment plan);

4.

the organisation of dental emergency services and the agreement of the fee scheme for these with the social insurance institutions responsible for the respective federal state;

5.

Mediation in disputes between chamber members in their federal state (collegial conciliation procedure);

6.

Mediation in disputes between chamber members on the one hand and patients/patients on the other hand or Insurance, on the other hand (patient-examination procedures);

7.

creation and operation of training and training facilities for dental assistance staff;

8.

the organisation of training courses for members of the dental profession;

9.

Establishment and operation of economic institutions;

10.

Secondment of representatives in and reimbursement of the appointment proposals for other bodies and institutions in their federal state, provided that this is provided for by appropriate legislation.

(3) Weiters counts among the tasks referred to in paragraph 1 the order of the dental representatives appointed in accordance with the provisions of the Medical Law 1998

1.

to the General Assembly of the Medical Association of the respective federal state from the circle of the members of the respective Land Committee,

2.

To the Administrative Committee of the Medical Association of the respective federal state from the circle of dental members of the General Assembly of the Medical Association, as well as

3.

to the Review Committee and the Board of Appeal of the Medical Association of the respective federal state from the circle of the chamber members assigned to the respective State Dentists ' Chamber.

(4) The Austrian Dentist Chamber has to determine the transfer of the tasks referred to in paragraphs 2 and 3 to the State Dental Chambers and may transfer further tasks within the meaning of the paragraph 1 to the State Dental Chambers.

Section 2

Organs of the State Dentists ' Chamber

Organs

§ 36. Organs of the State Dentists ' Chamber are:

1.

the State Committee,

2.

the State of the State,

3.

The President/President and Vice-President/Vice-President,

4.

the Landesfinanzreferent/Landesfinanzreferentin,

5.

The State Auditors.

Delegates

§ 37. (1) The Land Committee shall consist of:

1.

in federal states with up to 250 chamber members from at least three and at most five delegates,

2.

in federal states with 251 to 500 chamber members from at least five delegates and at most seven delegates,

3.

in federal states with 501 to 750 chamber members from at least seven and at most nine delegates,

4.

in federal states with 750 to 1000 chamber members from at least nine and at most eleven delegates, and

5.

in federal states with more than 1000 chamber members from at least eleven delegates and at most thirteen delegates.

(2) At the request of the Land Committee, the Federal Committee has the number of delegates (paragraph 1). 1) and their functions (paragraph 1) 3).

(3) Each delegate shall be elected for a defined function, where:

1.

In any case, the functions of the President, the Vice-President/Vice-President and the State Finance Officer (Landesfinanzreferent/Landesfinanzreferentin) are to be defined and

2.

for the remaining number of delegates, the functions of speakers/speakers can be defined.

(4) The delegates shall be elected by general and equal choice in accordance with the principles of the right to vote of the personality for a period of five years. In case of any subsequent elections or early elections, the term of office also ends with this term of office.

(5) The right to vote shall be exercised by secret and personal submission of the vote or by the transmission of the ballot paper in the form of a registered letter. The function period of the Land Committee ends with the constitution of the newly elected Land Committee.

Election of Delegates

§ 38. (1) Before the end of the function period of the institutions of the Austrian Dentistry Chamber and the State Dental Chambers in all the Länder, the Federal Committee shall arrange for a uniform election date for the election of the delegates.

(2) All persons who are members of the Austrian Dentists ' Chamber at the time of the order of the election are entitled to vote. All eligible chamber members are eligible.

(3) Electoral proposals shall be submitted in writing. They may not contain more than twice as many elective persons, as delegates are eligible.

(4) Voting shall be made by means of an official ballot in an official ballot box. In any case, a vote shall be invalid if:

1.

in the case of votes cast, a ballot paper other than the officially placed ballot paper shall be used; or

2.

from the identification of the official ballot paper, the will of the voter/voter is not clearly visible.

(5) The validity of the election may be challenged within a week after the announcement of the results of the election by each group of voters for alleged illegality by the Federal Minister of Health and Women. The dispute has to be uphold if the electoral procedure was violated and the outcome of the election could be affected.

(6) The Federal Minister of Health and Women of the Federal Minister for Health and Women of the Federal Republic of Germany shall issue the re-enrolment of the election within three months, the date of the election being to be determined in such a way as to ensure that the election is to be carried out in a proper manner. (b) the implementation of the election may be completed in due time, unless the Constitutional Court has granted suspensive effect in a proceeding under Article 141 B-VG of the dispute.

(7) The Federal Minister for Health and Women's Minister for Health and Women, after hearing the Austrian Dentist Chamber, has detailed provisions on the electoral procedure for the elections to the Land Committee, in particular on:

1.

the arrangement and tendering of the elections;

2.

the collection and distortion of the persons entitled to vote,

3.

the electoral authority,

4.

election proposals,

5.

the vote,

6.

the voting and investigation procedure,

7.

the convening of the elected delegates and

8.

if necessary after-elections and after-appointments,

by regulation.

State Committee

§ 39. (1) The Land Committee shall consist of the delegates elected in the Land concerned in accordance with Section 37.

(2) The meetings of the State Committee shall be convened and chaired by the President/President of the State Dentistry Chamber, with the first meeting of the term of office opening up from the oldest member of the Land Committee, and until the election of the President/President.

(3) The Land Committee shall be validly quorum if at least half of its members are present.

(4) A simple majority of the valid votes cast shall be required for decisions of the State Committee, unless other provisions in accordance with this Federal Act or the Statute require other majorities of votes. In the event of a tie, the President/President of the State Dentists ' Chamber shall vote.

(5) The two-thirds majority of the valid votes cast shall be required

1.

the decision to withdraw confidence from the President/President, Vice-President/Vice-President/Vice-President or the Financial Officer/Financial Officer; and

2.

the decision on the dissolution of contracts to regulate the relations of persons belonging to the dental profession with the institutions of social security (associations), care and the provision of health care for the respective Land.

Duties of the State Committee

§ 40. (1) The Land Committee shall be responsible for:

1.

the execution of all tasks assigned to the State Dentists ' Chamber pursuant to § 35, insofar as these are not expressly assigned to other institutions under this Federal Act,

2.

the election of the auditors of the State Dentists ' Chamber,

3.

the decision on the withdrawal of the trust of the President/President, the Vice-President/Vice-President or the Landesfinanzreferent/Landesfinanzreferentin der Landeszahnärztekammer,

4.

the management of the assets of the State Dental Chambers;

5.

the decision on the number and function of the delegates in the respective Land,

6.

the decision of the annual estimates and the closure of the accounts of the State Dentistry Chamber,

7.

the decision on the level of the Landeskammerbeisubmission,

8.

the decision in Personnel Affairs of the State Dentistry Chamber.

(2) The Land Committee may also:

1.

consult consultative committees,

2.

to order further speakers for special tasks from the county of the chamber members of the respective federal state,

3.

Order district and regional dental representatives/county and regional dental representatives according to the regional needs and

4.

convening the Extended Land Committee.

(3) If there are only three delegates in the sphere of action of a State Dental Chamber, the duties of the Land Committee shall be exercised by the State Board.

State Member State

§ 41. (1) The councor of the Land shall include those delegates who shall be

1.

President/President,

2.

Vice-President and

3.

National Finance Officer/Landesfinanzreferentin

of the State Dentists ' Chamber.

(2) The President, Vice-President/Vice-President and the Landesfinanzreferent/Landesfinanzreferent of the Landeszahnärztekammer (Landeszahnärztekammer) shall be elected by the eligible chamber members assigned to the respective State Dentists ' Chamber. for a period of five years.

(3) The President/Vice-President/Vice-President of the Chamber of Dentists shall, after their election in the hands of the Federal Minister for Health and Women, have the pledge to comply with the laws and the laws and regulations of the Federal Ministry of Health and Safety. to comply with their obligations in accordance with their obligations.

Tasks and decision-making by the Landesvorstand

§ 42. (1) The State Board shall be responsible for the decision in matters of the State Committee, provided that the timely decision-making cannot be expected due to the urgency of the matter.

(2) Meetings of the National Board of Governors shall be convened by the President and chaired by the President/President.

(3) More detailed provisions on the decision-making process in the State of the State shall be laid down in the Statute.

President/President

§ 43. (1) The President/President shall represent the State Dentist Chamber to the outside. He/she is responsible for the preparation and implementation of the decisions of the organs of the State Dentistry Chamber.

(2) The President/President shall head the business and shall make the premises of the State Dentistry Chamber.

(3) In the case of his/her prevention, the President/President shall be represented by the Vice-President/Vice-President. In the case of prevention of the President/President and Vice-President/Vice-President/Vice-President, the President/President shall be responsible for the oldest member of the Land Committee for years of life.

(4) In the event that the Committee on Regional Policy and/or the Vice-President/Vice-President/Vice-President/Vice-President has confidence, the election of the President/President or President of the President/Vice-President shall be immediately taken up by the President/ Vice-President/Vice-President. Paragraph 3 shall apply until re-election.

(5) Paragraph 4 shall also apply if the President/President/President Vice-President/Vice-President shall return or die for any other reason during his term of office.

National Finance Officer/Landesfinanzreferentin

§ 44. (1) The Landesfinanzreferent/Landesfinanzreferent (Landesfinanzreferent/Landesfinanzreferent) has the economic interests of the State Dentistry Chamber in compliance with the principles of austerity, economic efficiency and expediency in the performance of statutory tasks performing.

(2) In particular, his/her duties shall include:

1.

the preparation of the annual estimates and of the accounts, and

2.

the reimbursement of proposals for setting the level of national chamber contributions and other fees.

(2) Each copy of business pieces of the Landeszahnärztekammer (Landeszahnärztekammer), which relates to a financial matter, shall be issued by the Landesfinanzreferenten/Landesfinanzreferentin (Landesfinanzreferenten/Landesfinanzreferentin/Landesfinanzreferent), with the "Landesfinanzreferent"/"Landesfinanzreferentin" ("Landesfinanzreferent").

(3) In case of permanent prevention of the Landesfinanzreferent/Landesfinanzreferentin or in the case of the withdrawal of the trust by the Land Committee, the new election of the Landesfinanzreferent/Landesfinanzreferentin shall be arranged without delay. In urgent cases, the President/President shall be responsible for the Office of the State Finance Officer (Landesfinanzreferentin/Landesfinanzreferentin).

Country auditors/Landesrechnsters

§ 45. (1) For the duration of one calendar year two auditors/auditors shall be elected by the State Committee from the district of the chamber members of the respective federal state.

(2) The audit of the financial statements of the State Dentistry Chamber shall be the responsibility of the auditors/auditors.

(3) You have to report a written report to the Land Committee on the audit of the clearance of accounts.

Section 3

Speakers/Referees

§ 46. (1) Referees/Referees of a State Dentistry Chamber are

1.

the delegates elected by the eligible chamber members assigned to the respective State Dentists ' Chamber in accordance with § 37 for the function of a specific reference, and

2.

the chamber members appointed by the State Committee for Special Tasks pursuant to § 40 (2) (2) (2).

(2) In the case of permanent prevention of a speaker/referee pursuant to paragraph 1 (1) or in the case of the withdrawal of trust by the Land Committee, that person shall be referred to as the respective speaker/speaker in the nomination, in that was included in the previous speaker/referee, who was named as a succession professor for this speaker/lecturer.

(3) In respect of the rights and obligations of referees, § § 15 and 16 shall apply.

District and regional dentists ' representatives/district and regional dental representatives

§ 47. (1) In accordance with regional needs, the Land Committee may appoint county and regional dental representatives/county and regional dental representatives from the county of the chamber members of the respective federal state.

(2) The county and regional dentists ' representatives/county and regional dentists are responsible for

1.

the submission of opinions to the State Committee,

2.

the information and advice of the State Committee,

3.

the information of the regional chamber members; and

4.

the implementation of training events.

Extended State Committee

§ 48. (1) The Extended Land Committee shall consist of the delegates, the district and regional dental representatives/county and regional dental representatives and the referees of the respective federal state appointed in accordance with § 40 paragraph 2 Z 2.

(2) The Extended Land Committee may be convened at any time by the State Committee. The President of the State Dental Committee will be chaired by the President of the Federal State Dentistry.

(3) The Advisory Committee of the State Committee shall be responsible for the Extended Land Committee. More detailed provisions on the tasks and decision-making of the Extended Land Committee shall be laid down in the Statute.

State Secretariat

§ 49. (1) In so far as it is necessary for the performance of its tasks, the State Dental Chambers may establish a Secretariat with the necessary staff.

(2) The costs for the employment of workers in the State Dental Chambers shall be borne by the State Dental Chambers. If a worker is employed for a number of national dental chambers or also for the Austrian Dentistry Chamber, the costs incurred are to be borne by these persons.

4. Main piece

Section 1

Quality assurance

Establishment for Quality Assurance

§ 50. (1) The Austrian Dentist Chamber has

1.

to set up a dental quality assurance institution,

2.

to participate in a facility with the corporate object of quality assurance in dentistry, or

3.

Commission an institution with the corporate object of quality assurance in dentistry with the implementation of the dental quality assurance

(establishment for quality assurance). This has to be organisational and personnel independent of the institutions of the Austrian Dentistry Chamber and to ensure an objective and transparent implementation of the tasks of dental quality assurance in accordance with paragraph 2.

(2) The tasks of the Quality Assurance Facility include:

1.

the elaboration of dental quality criteria, including criteria for the quality of the structure and process, if necessary in cooperation with domestic professional societies,

2.

the quality evaluation by means of specialist evaluation sheets,

3.

quality control and

4.

the management of a dental quality register.

(3) The notifications pursuant to section 22 (1) of the ZÄG as well as the results of the evaluation and control shall be included in the dental quality register and shall be anonymized.

(4) Where a defect is identified in the context of the quality evaluation, the quality assurance body shall, if necessary by setting a reasonable time limit, be required to remedy the situation of the family or members of the dental profession in order to remedy the situation. Mangels to be asked. The State Dental Chambers have to support the establishment for quality assurance in the subsequent control of the defect survey. If the contract for the payment of defects has not been complied with, the establishment for quality assurance shall report an appropriate notification to the Austrian Dentist Chamber. If the contract for the payment of defects has not been complied with, the institution shall report to the Disciplinary Attorney/Disciplinary Lawyer of the Austrian Dentist Chamber a disciplinary panel.

(5) The results of the evaluation of a contract dentist/contract dentist, on request of a statutory health insurance provider and a hospital care institution, shall be known to the requesting contractual partner/contract partner. . From the examinations of the dentist's offices, the requesting statutory health insurance institution or the requesting health care institution shall be informed, which shall be entitled to the right to a family member/family member of the institution. dental profession to participate in the control. In the case of several questionable statutory health insurance institutions or Health care institutions have the right to jointly designate a person/family member of the dental profession to take part in the control.

(6) The results of the evaluation and control shall be made available to the Federal Minister for Health and Women in an anonymized way.

Scientific Advisory Board for Quality Assurance

§ 51. (1) The Quality Assurance Facility has to set up a scientific advisory board to advise these and the institutions of the Austrian Dentistry Chamber in the performance of their statutory tasks in quality assurance.

(2) The Scientific Advisory Board shall be filled with experts by the Federal Minister for Health and Women and the Austrian Dental Chamber of Dentists, who have sufficient experience in the field of health and safety in the field of health and safety. Quality assurance. The Federal Minister for Health and Women and the Austrian Dentists ' Chamber each have at least one person to determine who has experience in the field of the perception of patient interests.

(3) The Scientific Advisory Board shall elect from its ranks an absolute majority of one chairperson/chairperson and, in a separate ballot, one/a deputy/deputy. If the election of the chairman falls on a member nominated by the Federal Minister for Health and Women (Federal Minister for Health and Women), the deputy has been nominated by the Austrian Dental Chamber of Dentists members to be elected and vice versa. In the case of votes with a tie, the vote shall be taken by the chairman.

Quality assurance regulation

§ 52. (1) The Austrian Dentist Chamber shall have the scientific advisory board for quality assurance.

1.

the criteria to be evaluated,

2.

the monitoring of evaluation results,

3.

the criteria for the transmission of data, and

4.

the dental quality register to be held by the Society for Quality Assurance

by regulation.

(2) The Regulation referred to in paragraph 1 shall be adopted for a period of five years in each case and shall be adapted to the requirements of the dental profession on a regular basis, even before the end of the five-year period of validity.

Section 2

Dispute resolution

Patient dispute resolution

§ 53. (1) For the out-of-court settlement of disputes between patients and chamber members, patient mediation bodies for the respective federal state as well as a federal patient arbitration body shall be set up as an appellate authority.

(2) In the event of a dispute between patients and members of the chamber in connection with dental treatment, before a court proceedings are initiated, each of the parties is entitled to apply to the persons concerned by reason of the place of professional residence of the the competent patient mediation body concerned for the purpose of non-judicial mediation.

(3) Further provisions concerning the setting up of patient training centres as well as the implementation of the procedures for the making of the lighting procedures shall be laid down by the Austrian Dentists ' Chamber in a patient dispute resolution system.

Collegial dispute settlement procedure

§ 54. (1) Chamber members are obligated to settle any disputes arising among themselves in the course of their professional practice before filing a legal action or collecting a private charge of the competent State Dentistry Chamber or at To submit disputes between chamber members not assigned to the same national dental chamber, the Austrian Dentistry Chamber.

(2) The obligation laid down in paragraph 1 shall apply to members of the Chamber who exercise their profession in the course of a service only to the extent that the disputes do not relate to the service relationship or to the service position.

(3) The period during which the State Dentists ' Chamber or the Austrian Dentistry Chamber is seized of the dispute, shall not be included in the period of limitation and in other time limits for the assertion of the claims concerned up to the duration of three months.

(4) The members of the chamber concerned may not bring an action before the civil law or Private charge shall be charged as soon as either the three-month period has elapsed or the collegial dispute settlement procedure has ended before the expiry of that period.

(5) Further provisions concerning the collegial dispute settlement procedure shall be laid down by the Austrian Dentist Chamber in a collegial arrangement of the Schlichtungsordnung.

5. Main piece

Disciplinary law

Section 1

Discipline verdicts

§ 55. (1) Chamber members shall be guilty of disciplinary proceedings if they are in Germany or abroad.

1.

the reputation of the dentist's profession in Austria is affected by the behaviour of these dentists, the patients or their colleagues, or

2.

Violate the professional duties that they have committed to comply with the Doctor/Doctortor medicinae dentalis or to the Doctor/Doctors medicinae universae or according to this federal law or to other Regulations are required.

(2) In any case, disciplinary proceedings in accordance with paragraph 1 shall be submitted if the member of the chamber

1.

-the dental profession, although the disciplinary penalty of the temporary underage of the profession (§ 59) has been finally imposed on him or her by a final sentence; or

2.

has committed one or more criminal acts intentionally and is therefore sentenced by an in-or foreign court to a custodial sentence of more than six months or a fine of at least 360 daily rates.

If, in one or more of the judgments referred to in Z 2, custodial sentences and fines (side by side) are imposed, the sum of the custodial sentences and the custodial sentences imposed in the case of the non-compliance of the financial penalties shall be taken into account in the One or more judgments are only punishable by fines, they are to be counted together.

(3) Members of the dental profession who are domestiated

1.

carry out dental activities in accordance with § 30 ZÄG, or

2.

in accordance with § 31 of the ZÄG, temporarily provide dental services,

shall be subject to disciplinary provisions relating to disciplinary offences committed within the country.

(4) The disciplinary provisions of this Regulation shall apply to members of the chamber who pursue their profession in the course of a service with a local authority or other public body with a disciplinary right. Federal law not to be applied in respect of their official duties and the associated professional duties. However, if the service relationship to the public law is terminated before a disciplinary procedure is passed before a final conclusion of a disciplinary procedure, the disciplinary proceedings under this Federal Act shall be subject to disciplinary proceedings. Provisions of this Federal Law Application. The termination of the disciplinary procedure due to the failure of the member of the Chamber of service shall be notified immediately by the public law body of the Austrian Dentist Chamber.

(5) The disciplinary prosecution shall not be ruled out by the fact that the facts on which the offence is based constitute a criminal offence or an administrative offence.

(6) However, disciplinary proceedings shall be excluded in so far as the member of the chamber has already been disciplined in a disciplinary manner by another institution of the disciplinary authority responsible for him or her. Pending the completion of proceedings before this pending trial, the proceedings before the Disciplinary Board or Disciplinary Board shall be suspended.

(7) Unless otherwise specified in this Federal Act, negligent conduct is sufficient for the criminality (§ 6 Penal Code-StGB, BGBl. No 60/1974).

(8) A disciplinary procedure shall not be pursued by the disciplinary board, if the guilt of the member of the chamber is low and his conduct has not, or only insignificant, consequences have been.

Limitation of Tracking

§ 56. (1) The pursuit of a chamber member shall be excluded by limitation if:

1.

within one year from the knowledge of the disciplinary authority, no prosecution of the facts on which a disciplinary offence is based or of any reasons for the resurrection of the disciplinary proceedings, or

2.

in five years after the end of a disciplinary conduct, no decision to initiate a decision has been taken or a disciplinary procedure which has been passed by law has not been re-established to the detriment of its disadvantage.

(2) The course of the time limits referred to in paragraph 1 shall be hammered if:

1.

in the light of the facts of the case, a judicial procedure or administrative criminal procedure or proceedings before another institution of the disciplinary authority or before the Constitutional or Administrative Court is pending, for the duration of this procedure,

2.

the right of the member of the chamber to practise the dental profession is withdrawn during the course of the period of limitation, until his or her re-entry into the dentist's list is made.

(3) If, at the same time, disciplinary proceedings are a criminal offence and if the period of limitation of criminal law is longer than the time limit laid down in paragraph 1 (2), the period of limitation shall be replaced by the period of limitation of the criminal law.

(4) Within the period of limitation, a member of the chamber shall again pass a similar disciplinary procedure, the limitation period referred to in paragraph 1 shall not occur before the period of limitation has expired even for this disciplinary procedure.

Section 2

Disciplinary measures

One-stop action

§ 57. (1) The disciplinary board may prohibit the exercise of the dental profession until the disciplinary proceedings have been completed by the disciplinary board, if:

1.

this is necessary in the light of the nature and weight of the disciplinary procedure for which he/she is accused of imminent serious disadvantages, in particular for patients/patients or the standing of the dentist's staff; and

2.

She has not already been provisionally banned from practising the dental profession in accordance with § 46 ZÄG.

(2) Before taking a decision on an injunction, the disciplinary accused shall be given an opportunity to comment on the charges against him/her and on the conditions for the order of an injunction to be taken into account. . If there is a risk of delay, however, in this case the disciplinary accused shall be given the opportunity to comment immediately after the decision has been taken.

(3) The injunction is to be repealed if it is found that the conditions for the order are not or no longer exist or the circumstances have changed significantly. Without prejudice to the provisions of paragraph 6, the definitive termination of the disciplinary proceedings shall not apply to the incitable measure.

(4) The decision on the measures to be taken in the procedure shall be the disciplinary accused, the Disciplinary Attorney/Disciplinary Lawyer, the Austrian Dentistry Chamber and the Disciplinary Accused To deliver to the State Dentists ' Chamber.

(5) Complaints against incitsive measures do not have suspensive effect.

(6) In the case of Section 97 (1), a convicting measure imposed on the Disciplinary Accused/Disciplinary Accused shall continue to be effective beyond the final termination of the disciplinary proceedings until the disciplinary recognition has been completed. may be carried out. The first sentence of paragraph 3 shall, however, apply.

Disciplinary penalties

§ 58. (1) Disciplinary penalties are

1.

the written reference,

2.

the fine to the amount of EUR 40 000;

3.

the temporary failure to pursue the profession;

4.

the deletion from the dentist's list.

(2) The disciplinary penalties provided for in paragraphs 1, Z 2 to 4 may be imposed on the basis of a period of grace of one year up to three years if it is to be assumed that their threat would be sufficient to ensure that the accused/accused person of to prevent further disciplinary offences and not to execute the sentence in order to counteract the commission of disciplinary offences by other members of the dental profession.

(3) In addition to the case of paragraph 8, only one disciplinary penalty shall be imposed on the accused/accused of several disciplinary proceedings. § § 31 and 40 StGB are to be applied.

(4) In the case of assessment of the penalty, in particular, the size of the debt and the resulting disadvantages, especially for the patients, is also based on the income and financial situation of the person in charge of the financial penalty. Accused of taking suspicion. § § 32 to 34 StGB are to be applied.

(5) In the case of the imposition of disciplinary penalties,

1.

to take appropriate account of an incitable measure (§ 57); and

2.

The period during which the exercise of the dental profession was provisionally prohibited (Section 46 of the ZÄG) to be attributed to the disciplinary punishment of the prohibition of professional practice.

(6) If a member of the chamber is subject to a conditional penal review (para. 2) guilty of a new disciplinary offence committed within the probative period, either the conditional penal lenience must be revoked or, if this appears sufficient, the accused/accused person of further To extend the trial period, to extend the trial period up to a maximum of five years. The decision may be taken after hearing the accused person either in recognition of the new disciplinary procedure or in a separate decision.

(7) If a conditional penal review is not revoked, the penalty shall be deemed to be finally considered upon expiry of the probational period. § § 49, 55 and 56 StGB are to be applied. Periods in which the dental profession has not been carried out shall not be included in the trial period.

(8) Insofar as it is in the interest of safeguarding the reputation of the Austrian dentistry and the observance of professional duties, it may be recognized in the course of disciplinary recognition of the publication of the entire disciplinary recognition in the official The publication organ of the Austrian Dentist Chamber is recognized.

Temporary underage of the profession

§ 59. (1) A temporary failure to pursue the profession may be required

1.

in the case of a disciplinary procedure pursuant to Article 55 (2), the maximum duration of three years,

2.

in the other cases, for the first time, for a maximum period of three months, in the event of a repetition of the maximum duration of one year

shall be imposed.

(2) The temporary failure to pursue the profession relates to the exercise of the dental profession in the country, with the exception of the professional practice of dentistry in connection with the duties of persons belonging to the dental profession, who are responsible for their professional activities. A profession in the context of an employment relationship with a local authority or any other body of public law with its own disciplinary law.

Deletion from the Dentist List

§ 60. (1) In particular, the disciplinary penalty of the removal from the list of dentists shall be suspended if the accused practised the profession of dentistry, even though he/she has been subject to a temporary suspension of the profession, if not according to the special circumstances of the case with a lower penalty, the long-out can be found.

(2) After the disciplinary penalty has been suspended from the dentists ' list, a re-entry into the dentist's list can only be made if the dental profession has not been exercised for a total of three years. Due to a lack of trustworthiness, the re-registration can also be refused by the Austrian Dental Association after the expiry of this period (§ 13 para. 1 ZÄG).

Section 3

Disciplinary bodies

First instance disciplinary bodies

§ 61. (1) Disciplinary bodies of first instance are

1.

the Disciplinary Board,

2.

the Disciplinary Attorney/Disciplinary Lawyer in First Instance and

3.

the investigators/investigators.

(2) A person who has a final legal personality

1.

a custodial sentence or a fine of at least 360 daily rates, or more than EUR 40 000 or more, by a national or foreign court on the grounds of one or more intentional offences committed intentionally or by a criminal offence; or

2.

Disciplinary action shall be taken by a disciplinary authority

, may not be appointed as a member of the Disciplinary Board or the Disciplinary Attorney/Disciplinary Lawyer in the first instance prior to the repayment of the Disciplinary Board.

(3) The members of the Disciplinary Board and the Disciplinary Attorney/Disciplinary Lawyer in the first instance as well as their alternates shall be entitled to remuneration of their travel and other cash outlays and to any of the time-and Work expenses corresponding to the processing or meeting fee, which is to be determined by the Federal Committee of the Austrian Dentist Chamber.

(4) The term of office of the members of the Disciplinary Board, the Disciplinary Lawyer/Disciplinary Lawyer in the first instance and the investigating leader shall be the same as that of the Federal Committee of the Austrian Dentistry Chamber.

Disciplinary Board

§ 62. (1) The disciplinary board of the Austrian Dentist Chamber shall be recognized in the first instance by disciplinary proceedings.

(2) The Disciplinary Board shall be

1.

from the chairman, who must be legal and, on a proposal from the Federal Committee of the Austrian Dentist Chamber, will be appointed by the Federal Minister for Health and Women, and

2.

from two dental counciers who are appointed by the Federal Committee of the Austrian Dentist Chamber.

(3) At the same time, two deputists/deputists who have to be legally responsible are for the chairperson/chairperson on a proposal from the Federal Committee of the Austrian Dentists ' Chamber from the Federal Minister for Economic Cooperation and Development (Bundesministers) for To order health and women and for the dental assistants at the same time four deputists from the Federal Committee of the Austrian Dentist Chamber. The Federal Minister of Health and Women's Minister for Health and Women has the agreement to appoint a Judge/Judge/Judge/Judge of the Chairperson of the Chairperson or the Vice-President/Vice-President of the Chairperson of the Chairperson of the Federal Minister of Justice for the Federal Republic of Germany.

(4) Members of the Federal Committee of the Austrian Dentists ' Chamber may not belong to the Disciplinary Board.

(5) The dental advisers shall be responsible for the conscientious and impartial fulfilment of their duties on the part of the chairman prior to his/her work.

Disciplinary lawyer/Disciplinary Lawyer in First Instance

§ 63. (1) The representation of the advertisements at the Disciplinary Board of the Austrian Dentistry Chamber is the responsibility of the Disciplinary Attorney/Disciplinary Lawyer in the first instance.

(2) The Federal Committee of the Austrian Dentists ' Chamber has to appoint the Disciplinary Attorney/Disciplinary Lawyer in the first instance and one/a deputy/deputy who must be legally competent to do so.

(3) The disciplinary attorney/lawyer in the first instance is at the instruction of the Federal Minister for Health and Women or the President/President of the Austrian Dentistry Chamber for Disciplinary Proceedings and to the adoption of legal remedies.

Investigators/Investigators

§ 64. (1) The Disciplinary Board shall be accompanied by investigators/investigators who shall

1.

have to be well-informed,

2.

are to be ordered by the Federal Committee of the Austrian Dentists ' Chamber and

3.

to be included in a list to be listed by the Federal Committee of the Austrian Dentistry Chamber.

(2) The investigators/investigators are responsible for carrying out surveys in the pre-trial procedure.

Second instance disciplinary bodies

§ 65. (1) Second instance disciplinary bodies

1.

the disciplinary arsenal and

2.

The Disciplinary Lawyer/Disciplinary Lawyer in second instance.

(2) A person who has a final legal personality

1.

a judicial sentence or

2.

A disciplinary penalty under this or another federal law

, may not be appointed as a member of the Disciplinary Arsenal or the Disciplinary Attorney/Disciplinary Lawyer in the second instance prior to the repayment of the Disciplinary Board.

(3) The members of the Disciplinary Board and the Disciplinary Attorney/Disciplinary Lawyer in second instance as well as their deputies shall be entitled to remuneration of their travel and other cash outlays and to any of the time-and Work expenses corresponding to the processing or meeting fee, which is to be determined by the Federal Committee of the Austrian Dentist Chamber.

(4) The duration of the function of the members of the Disciplinary Board and of the Disciplinary Board/Disciplinary Lawyer in the second instance as well as their alternates shall be four years.

Disciplinary arsenal

§ 66. (1) The Disciplinary Arsenal of the Austrian Dentistry Chamber at the Federal Ministry of Health and Women consists of:

1.

/a Judge/Judge as Chairman/Chairperson,

2.

two staff members of the Federal Ministry of Health and Women of the Federal Republic of Germany, of whom the one who has a legal and/or who has to be competent in the field, and

3.

two other co-sitters who are appointed by the Federal Committee of the Austrian Dentist Chamber from the circle of chamber members.

For the chairperson/chairperson and the members of the advisory board, alternate members are to be appointed for the appointment.

(2) The members of the Disciplinary Board referred to in Section 1 (1) and (2) and their alternates shall be appointed by the Federal Minister for Health and Women (Bundesminister/Federal Minister for Health and Women). At the appointment of the chairman and his/his/his/his/his/his The Federal Minister for Health and Women (Federal Minister for Health and Women) has the agreement with the Federal Minister for Justice (Federal Minister for Justice) to establish the position of her/her deputy.

3. The members of the disciplinary arsenal shall not be bound by any instructions in the performance of their duties. The decisions of the disciplinary arsenal shall not be subject to the repeal or amendment in the administrative procedure.

(4) The members of the Disciplinary Arsenal shall exercise their duties impartially. Prior to their duties, the dental advisers shall have to loathe conscientious and impartial performance of their duties.

(5) The disciplinary board shall carry out its activities at the premises of the Austrian Dentist Chamber at its seat in Vienna.

Disciplinary/Disciplinary Lawyer in Second Instance

§ 67. (1) The representation of the Disciplinary Panel before the Disciplinary Board of the Austrian Dentist Chamber is the responsibility of the Disciplinary Attorney/Disciplinary Lawyer in the second instance.

(2) The Federal Minister for Health and Women (Federal Minister for Health and Women) has, after hearing the Austrian Dentist Chamber, the Disciplinary Attorney/Disciplinary Lawyer in the second instance and one/a deputy/deputy who is legally responsible for the must be to be ordered.

Law firms of the Disciplinary Board and the Disciplinary Arsenal

§ 68. (1) The Law Firm of the Disciplinary Board and the Disciplinary Board shall be led by the Austrian Dentist Chamber. The costs for this activity are to be borne by the Austrian Dental Medical Association, unless otherwise provided in this Federal Act.

(2) The Austrian Dentistry Chamber regularly has the content of the final findings of the Disciplinary Board and of the Disciplinary Board in legal form on a regular basis in the official publication organ of the StandesRepresentation. .

Section 4

Proceedings before the Disciplinary Board

§ 69. (1) The Disciplinary Board shall proceed from its own motion as soon as it becomes aware of the disciplinary proceedings of a member of the Chamber. He makes his decisions after hearing the Disciplinary Board/Disciplinary Lawyer in the first instance.

(2) The Disciplinary Board and the Disciplinary Attorney/Disciplinary Lawyer in the first instance shall have the same care to take into account the circumstances serving for the defence of the accused person.

(3) The accused person has the right to use the disciplinary procedure of a defender (§ 39 Criminal Procedure Code-StPO, BGBl. No. 631/1975). As a defender/defender, professional colleagues/professional colleagues of the accused may also intervene. The representation by a ruler/maker (§ 455 para. 2 StPO) is inadmissible.

(4) In the event of a disciplinary offence initiated by a member of the chamber, the chairman of the Disciplinary Board shall report to the Public Prosecutor's Office on suspicion of an act which is liable to be subject to judicial proceedings.

(5) If a judicial criminal proceedings are pending on the basis of facts on which the offence is based, the proceedings before the disciplinary board may be interrupted until the final conclusion of the proceedings has been passed. No appeal is admissible against the dismissal of the request for an interruption of the proceedings.

(6) The courts and administrative authorities shall be obliged to send to the Disciplinary Board and the Disciplinary Attorney/Disciplinary Lawyer in the first instance, on request, files for inspection.

Exclusion and partiality

§ 70. (1) A member of the Disciplinary Board shall be excluded from participation in the disciplinary proceedings if:

1.

the member is affected by the disciplinary procedure itself or is a scoreboard/scoreboard,

2.

is the member of the legal/legal representative/representative of the person concerned or of the scoreboard/indicator

3.

the accused person, the scoreboard or the person concerned/members of the member within the meaning of § 72 of the German Civil Code (StGB).

(2) Members of the Disciplinary Board and their alternates, as well as the Disciplinary Attorney/Disciplinary Lawyer in the first instance and his/her Deputy/Deputy, against whom

1.

a judicial criminal procedure for one or more intentionally committed offences punishable by a custodial sentence or by a fine of at least 360 daily rates; or

2.

A disciplinary procedure under this or another federal law

, until the end of the procedure, the Office shall not be allowed to exercise its duties. However, the disciplinary board may, after hearing the person concerned and, if a member of the disciplinary board is concerned, also decide on the type and weight of the suspicion that he/she is subject to the question of the nature and the weight of the suspicion, The person concerned may continue to exercise his/her duties, unless a suspension pursuant to Section 146 (1) of the Judge Service Act, BGBl. No. 305/1961, or in a disciplinary procedure pending against the person concerned/concerned, no decision has been taken to initiate proceedings. An appeal is not admissible against such a decision.

(3) The accused person and the Disciplinary Attorney/Disciplinary Lawyer in the first instance shall also be entitled to refuse individual members of the Disciplinary Board on grounds of partiality if they are able to indicate reasons that are appropriate for the (§ 72 (1) of the StPO).

(4) The members of the Disciplinary Board and the Disciplinary Attorney/Disciplinary Lawyer in the first instance shall immediately disclose the reasons for exclusion or the grounds of partiality in question to the Chairman of the Disciplinary Board.

(5) The Chairperson of the Disciplinary Board decides on the existence of grounds for exclusion or the right to a partiality. If the Chairman of the Disciplinary Board is himself affected, the Chairman of the Disciplinary Board decides. An appeal is not admissible against this decision. After the commencement of the oral proceedings, the disciplinary board decides by a decision against which a separate legal remedy is not admissible.

Decision on the persecution

§ 71. (1) All advertisements in the Disciplinary Board, the Austrian Dental Chamber or the State Dental Chambers for a disciplinary procedure must first be assigned to the Disciplinary Attorney/Disciplinary Lawyer at first instance.

(2) If the Disciplinary Attorney/Disciplinary Lawyer, in the first instance, considers that:

1.

there is no impairment of the standing of the stand or an infringement of the profession of professional or professional duties; or

2.

is excluded from persecution on the grounds of limitation, lack of punitive value or for other reasons,

he/she has to inform the Federal Minister for Health and Women and the President/President of the Austrian Dentistry Chamber.

(3) If the Disciplinary Attorney/Disciplinary Lawyer in the first instance is of the opinion that the requirements for a disciplinary prosecution are or will be submitted to him/her by the Federal Minister for Health and Women, or vom/appointed by the President/President of the Austrian Dental Chamber, he/she shall, under the submission of the files of the Chairperson of the Disciplinary Board, carry out surveys or, if not necessary, the To request the initiation of proceedings.

(4) If the content of the ad or the grounds of suspicions which have become known do not permit an adequate assessment, the Disciplinary Attorney/Disciplinary Lawyer may, in the first instance, advance a supplementary statement of the scoreboard/scoreboard, and to obtain an utterance of the person (s) and to provide them with files.

(5) As long as the person in question has not made a statement, the Disciplinary Attorney/Disciplinary Lawyer in the first instance may, irrespective of whether the conditions for a resumption are available, also apply after the notification has been completed. on the implementation of surveys or, where such surveys are not necessary, to initiate the procedure.

§ 72. (1) If the Chairman of the Disciplinary Board is at the request of the Disciplinary/Disciplinary Lawyer in the first instance for the conduct of surveys, he/she shall have the investigator/investigator responsible for the implementation of the to ask him/her to carry out surveys which he/she considers necessary. The chairperson is not bound to the content of the survey applications of the Disciplinary Board/Disciplinary Lawyer in the first instance.

(2) If the Chairman of the Disciplinary Board considers that there is reason to reconsider the advertisement, he shall convene the Disciplinary Board. If the Disciplinary Board considers that disciplinary action is not available or if the prosecution is excluded from any of the grounds mentioned in this Federal Law, he has to take a decision to reconsider the disciplinary proceedings. If the Disciplinary Board finds grounds for the prosecution of the accused, he or she shall decide to carry out surveys or, if they are not necessary, immediately to initiate the disciplinary proceedings.

(3) The decision to depart is

1.

The Disciplinary Attorney/Disciplinary Lawyer in the first instance who, on the other hand, can lodge a complaint to the Disciplinary Board within four weeks,

2.

the Austrian Dentists ' Chamber,

3.

the Landesdental Chamber responsible for the Disciplinary Accused/Disciplinary Accused;

4.

The Federal Minister for Health and Women

.

Pre-Procedure

§ 73. (1) The Board of Disciplinary Board shall decide to carry out surveys, the Chairperson shall:

1.

Commission the investigator/investigator to carry out the surveys which he considers necessary; and

2.

The accused/accused person must be notified of the name of the investigator/investigator and the main reasons for suspicion as well as the Disciplinary Attorney/Disciplinary Lawyer in the first instance.

(2) The selection of the investigator/investigator has to be made by the Chairman of the Disciplinary Board from the list to be drawn up by the Federal Committee of the Austrian Dentist Chamber (§ 64 (1) (3)).

(3) The accused person and the Disciplinary Attorney/Disciplinary Lawyer in the first instance may refuse the investigator/investigator on grounds of partiality if they are able to indicate reasons that are suitable for his/her full To cast doubt on infanity (Section 72 (1) of the StPO). The reasons for the exclusion of § 69 (1) and (2) are to be applied to investigators. The chairperson of the Disciplinary Board decides on the existence of grounds for exclusion or the right of reasons of absence. Against this decision, the accused person or the disciplinary/disciplinary lawyer in the first instance shall not be subject to a separate legal remedy.

§ 74. (1) The investigator/investigator shall carry out the necessary surveys and shall give the accused an opportunity to comment on the charges brought against him/her. He/she can hear the accused and witnesses, confuse experts and make eye notes.

(2) Persons who are summoned as witnesses shall be obliged to appear. § § 151 to 153 of the StPO are to be applied with regard to the questioning of witnesses. The insult of witnesses and witnesses by the investigator/investigator is inadmissible.

(3) The investigator/investigator may ask for the taking of interrogations or other surveys, also the district court responsible for legal assistance in criminal matters. This has to be done in accordance with the provisions of the Code of Criminal Procedure. The costs of the judicial surveys are to be borne provisionally by the Austrian Dentists ' Chamber. The investigator/investigator, the disciplinary attorney/disciplinary lawyer in the first instance, the accused person and his/her defender/defender, are in the first instance of interrogations, records, and the taking of an eye bill. (§ 69 (3)). These persons are subject to the requirements of the Code of Criminal Procedure.

(4) The accused person, his/her/her/her/her/her/her/her/ His/her defender/defender as well as the Disciplinary Attorney/Disciplinary Lawyer in the first instance shall have the right to inspect the files. Advisory protocols are excluded from the inspection of files. The investigator/investigator, however, may, up to the version of an introduction decision, exclude individual documents from the inspection by the accused/accused person and his/her defender/defender, if: special circumstances justify the fear that the purpose of the investigation would be jeopardised by an immediate knowledge of those files.

Conclusion of the preliminary procedure

§ 75. (1) At the end of the investigation, the investigator/investigator shall forward the files to the Disciplinary Attorney/Disciplinary Lawyer in the first instance to the position of further applications.

(2) The disciplinary attorney/disciplinary lawyer in the first instance may then apply for further surveys at the investigator/investigator or in the case of the chairperson of the disciplinary board, either the version of an investigator Application for recruitment or initiation of proceedings. The disciplinary board of the Disciplinary Board of Disciplinary Proceedings of the Disciplinary Board of Disciplinary Proceedings of the Disciplinary Board of Disciplinary Proceedings of the Disciplinary Board of Disciplinary Proceedings of the Disciplinary Board of Disciplinary Proceedings of the Disciplinary Board of Disciplinary Proceedings of the Disciplinary Board of Disciplinary

(3) The decision that there is reason for disciplinary treatment in oral proceedings (introduction decision) has to designate the accusation points. A separate appeal is not admissible against this decision. A copy of the decision is the accused person, his/her/her/her/her/her/her/her/her His/her defender/defender, the Disciplinary Attorney/Disciplinary Lawyer in the First Instance and the Austrian Dentist Chamber and the State Dentist Chamber responsible for the Disciplinary Accused/Disciplinary Accused .

(4) The decision that there is no reason for disciplinary treatment (hiring decision) is to provide the Disciplinary Attorney/Disciplinary Lawyer in the first instance who, on the other hand, complains to the Disciplinary Arsenal within four weeks can be collected. At the same time, the decision on hiring is the Austrian Dentist Chamber, the State Dentist Chamber in charge of the Disciplinary Accused/Discipline Accused, and the Federal Minister for Health and Women .

Oral proceedings

§ 76. (1) If a decision to initiate the oral proceedings (Section 75 (3)) has been taken, the Chairman of the Disciplinary Board shall take the measures necessary for the conduct of the oral proceedings. In particular, he has to determine the place, day and hour of the oral proceedings, the accused/accused person, his/her/her/her/her/her/her/her/her/her/ to invite his/her defense attorney/defender and the witnesses and/or the Disciplinary Attorney/Disciplinary Lawyer in the first instance. The accused shall be informed of the names of the members of the Disciplinary Board with the charge for the hearing. The accused shall be granted at least 14 days in preparation for his/her defence.

(2) The Chairperson may also, on his own account or at the request of the accused person, his/her/her/her/her/her/her/her/her/her/ His/her defender/defender or the Disciplinary Board/Disciplinary Lawyer in the first instance shall arrange for additions to the surveys by the investigator/investigator.

(3) The accused person, his/her/her/her/her/her/her/her/ His/her defender/defender and/or the Disciplinary Attorney/Disciplinary Lawyer in the first instance shall be allowed to inspect the files before the oral proceedings. Apart from the inspection of the files referred to in Article 74 (4), the chairperson for the reporting in the disciplinary board shall be excluded from the inspection of the file. A separate appeal is not admissible against the refusal of access to the file.

§ 77. (1) The oral proceedings shall not be public. However, at the request of the accused person, three persons of his/her confidence may be present. Witnesses are excluded as trusts. Section 103 (1) shall also apply to the persons of trust attached to/by the accused person.

(2) The investigator/investigator shall be excluded from participation in the oral proceedings and decision.

(3) At the beginning of the oral proceedings, the Chairman of the Disciplinary Board shall present the decision to initiate the oral proceedings and substantiate him, insofar as this is necessary for the understanding. The disciplinary attorney/disciplinary lawyer in the first instance and the accused person or his/her/her/her/her/her/her/her/her/her/her/her/her His/her representative/representative shall have the right to reply with a counter-statement. The necessary evidence is then recorded.

(4) With the consent of the accused person and the disciplinary lawyer/disciplinary lawyer in the first instance, the trial may also be extended to any acts which are not covered by the decision of the introduction of the decision.

(5) If further surveys and evidence are necessary outside of the trial, the Disciplinary Board shall take the necessary precautions; it may, with the implementation of individual surveys, be responsible for the investigative guide/investigator Commission, but also to return the act to the supplementary investigation to the investigator/investigator. The provisions relating to the taking of evidence in the preliminary proceedings (§ 74) shall apply.

(6) After the completion of the proof procedure, the final lectures of the Disciplinary Lawyer/Disciplinary Lawyer in the first instance, the defender/defender of the accused and the accused person. In any case, the final word is due to the accused person.

Trial in absentia

§ 78. (1) In the absence of the accused person, the trial may be carried out and the disciplinary recognition may be made if:

1.

he/she had previously had the opportunity to comment on the charges brought against him/her,

2.

Her cargo has been properly delivered to her and

3.

he/she nevertheless remains away without sufficient excuse of negotiation.

The accused person may object to the Disciplinary Board within the period of appeal against a disciplinary recognition of his/her absence in his absence. The disciplinary board shall recognize the objection.

(2) The objection shall be accepted if it is proved that the accused has been held by an inimitable obstacle to appear for oral proceedings. In this case, a new oral hearing shall be ordered. If the accused person remains in the same position as well, then the recognition challenged by objection is to be regarded as legally binding by him/her.

§ 79. (1) If the residency of the accused is unknown or he/she does not merely temporarily stay abroad and he/she has not appointed a defender/defender, the provisions of § 412 shall, unless § 78 apply, apply. Apply StPO.

(2) However, in the case of a chamber member to be appointed by the Disciplinary Board of Office for the accused/accused person, he/she may, with legal validity for the accused/accused person, be assigned to the State Dentistry Chamber (Landeszahnärztekammer), which is responsible for the Disciplinary accused/accused person is to be carried out until he/she announcing his/her stay in Germany or appoints a defender/defender. Members of the Disciplinary Board, the Disciplinary Board as well as the Disciplinary Attorney/Disciplinary Lawyer in the first or second instance and their alternates shall not be entrusted with this task.

(3) The person referred to in paragraph 2 shall be obliged to respect the interest of the absent person in this disciplinary case with all the rights to which the accused person is entitled.

Decision-making

§ 80. (1) The deliberations and votes of the Disciplinary Board shall be held in secret session. In the case of consultation and voting, the Disciplinary Attorney/Disciplinary Lawyer may be in the first instance who is the accused person, his/her/her/her/her/her/her/her/her/her/ his/her defender/defender and the confidants will not be present.

(2) In the event of the due recognition of his knowledge, the disciplinary board only has to take into consideration what happened at the oral proceedings; he decides on his free conviction, obtained from the conscientious examination of all evidence.

(3) The decisions of the Disciplinary Board (findings, decisions) shall be taken with a simple majority of votes. Abstentions are not allowed. The order of the vote is determined by the age of the members of the Disciplinary Board, beginning with the oldest member in life years. The chairman is voting last.

Knowledge

§ 81. (1) With the knowledge, the accused person is to be acquitted or to recognize the disciplinary action he/she has been accused of.

(2) If the accused person is found guilty of a disciplinary procedure, it shall be expressly stated in the knowledge that he/she is responsible for the

1.

which legal obligations he/she is violating or which he/she has committed (s) by his/her conduct and

2.

which disciplinary penalty is imposed.

(3) The knowledge, together with its essential reasons, is immediately to be announced. A copy of the negotiation protocol, together with a copy of the negotiation protocol, is the same as the accused, the disciplinary attorney/disciplinary lawyer in the first instance, the Austrian Dentistry Chamber, who is responsible for the To deliver disciplinary and disciplinary charges to the competent State Dentistry Chamber and the Federal Minister for Health and Women.

Cost

§ 82. (1) In the case of a guilty verdict, the decision shall also be expressed in the decision that the disciplinary accused also of the costs of the disciplinary proceedings-including the costs of publication of the disciplinary recognition (Section 58 (8))- .

(2) The costs are, in the light of the procedural burden and the special circumstances of the case, at the discretion of the Disciplinary Board at the discretion of the Disciplinary Board with a lump sum. to be fixed. In the event that the proceedings relate to a number of offences, the costs of those acts which the accused person is not guilty of, insofar as it is tunable, are to be excluded from the replacement.

(3) If the accused is acquitted or if the costs of the proceedings are not to be introduced, it shall have to definitively bear the Austrian Dentist Chamber.

(4) The costs arising from the confiscation of a defender/defender shall be borne in all cases by the accused person.

(5) The costs of judicial surveys pursuant to Section 74 (3) are to be taken into consideration in the lump sum according to paragraph 2 in so far as they relate to acts of which the disciplinary accused has been found guilty of the sum of the costs. Insofar as such surveys relate to acts of which the disciplinary accused has not been found guilty, the Austrian Dentistry Chamber has to bear the costs definitively.

Niederschrift

§ 83. A minutes shall be recorded on the oral proceedings, which shall:

1.

the names of the members of the Disciplinary Board, the author/writer, the Disciplinary Board/Disciplinary Lawyer in the first instance, the accused person, his/her/her/her/her/her/her/her/her/her/her/her/her/her/her/her/her/her/ His/her defender/defender and his/her confidants, as well as

2.

the essential course of the negotiation

can be found. The use of sound carriers shall be permitted. The minutes are to be signed by the chairman and/or the secretary of the secretary/writer.

Delivery

§ 84. Deliveries to the accused/accused are to be made in accordance with § 77 StPO. The decision of the introduction and the recognition of the disciplinary board shall be to be attributed to the disciplinary accused on his own Handen. If the accused has ordered a defender/defender, it is not necessary to deliver to/from charges and from the case of section 54 (3) only to the latter.

Civil claims

§ 85. Civil claims that someone derided from the disciplinary procedure of the accused person cannot be invoked in the disciplinary proceedings.

Section 5

Appeal procedure

Legal remedies

§ 86. (1) The findings of the Disciplinary Board may be appealed with the appeal of appeal, decisions with the appeal of the appeal. A separate legal remedy is not admissible against procedural provisions. The Board of the Austrian Dentistry Chamber at the Federal Ministry of Health and Women (§ 66) is appointed to the Supreme Court of Appeal for a decision on the appeal.

(2) The appeal of the appeal and the appeal may be taken by the accused person and by the Disciplinary Attorney/Disciplinary Lawyer at the first instance. They shall be submitted to the Disciplinary Board in writing in two copies within four weeks of the date of notification of the decision.

(3) The appeal shall contain a statement on the points and on what grounds the recognition is contested. The introduction of new facts and the assertion of new evidence is admissible. A dispute over the guilt shall also be deemed to be a challenge to the sentence of the criminal proceedings.

(4) The timely submission of the appeal shall have suspensive effect, unless otherwise provided in this Federal Act.

(5) A late or inadmissible appeal or an appeal, which does not contain any explanation within the meaning of paragraph 3, shall be rejected without oral proceedings.

(6) A copy of the appeal shall be sent to the other person for the purpose of collecting a right of appeal, which may, within four weeks, make a written statement. The files shall be submitted to the disciplinary board after the date of submission or after the expiry of the deadline.

(7) For the inspection of the documents referred to in paragraph 2 of this Article, Section 76 (3) shall apply.

Exclusion and partiality

§ 87. (1) The exclusive grounds of Section 70 (1) and (2) shall apply to the members of the Disciplinary Arsenal. It is also excluded who participated in the contested decision or in the previous proceedings as a Disciplinary Attorney/Disciplinary Lawyer, defender/defender of the accused person or representative/representative of one/other person. Participated in the work.

(2) The disciplinary attorney/disciplinary lawyer in the second instance and the accused person shall also be entitled to refuse individual members of the disciplinary arsenal on grounds of partiality, if they are able to indicate reasons which are likely to be appropriate, the full unpartiality of the offending person (§ 72 para. 1 StPO).

(3) The members of the Disciplinary Board shall immediately disclose the reasons for their exclusion or the grounds of partiality by the Chairman of the Disciplinary Arsenal.

(4) The Disciplinary Arsenal decides on the existence of grounds of exclusion or probation, whereby members who have announced reasons for exclusion or grounds of absence shall be replaced by substitute members who do not apply this. .

Decision

§ 88. The disciplinary arsenal decides on complaints without oral proceedings.

Appointment procedure

§ 89. (1) After the prolongation of the appeal, the chairman of the disciplinary board shall examine the appeal files.

(2) If the Chairman of the Disciplinary Arsenal holds the appeal inadmissible or delayed, he/she shall bring them before the Disciplinary Arsenal, without first having to be held oral proceedings. If none of these cases is given, the trial shall be held. The accused must be granted a minimum of 14 days of preparation.

(3) Where surveys are necessary for the preparation of the oral proceedings, the chairman shall take the necessary steps. He/she may have such surveys carried out by a commissioned Senate member, by the Disciplinary Board by a member to be determined by their chairperson, or by a requested court.

(4) The first sentence of section 69 (3) shall apply to the recovery of a defender/defender. However, the appointment of a professional colleague/professional colleague of the accused person is inadmissible.

(5) With regard to the sending of files by the courts and administrative authorities, Section 68 (6) also applies in the proceedings of second instance.

Oral proceedings

§ 90. (1) For oral proceedings, the Disciplinary Attorney/Disciplinary Lawyer is in second instance, the accused person and his/her/her/her/her/her/her/her/her/her/her/her/her/ to load his/her defender/defender.

(2) The oral proceedings shall be public at the request of the accused person. However, the public can be excluded for the reasons of § 229 StPO. If the trial is not public, the accused person (s) may confuse three persons of his or her trust. Witnesses are excluded as trusts. Section 103 (1) shall also apply to the persons of trust attached to/by the accused person.

(3) The hearing shall begin with the presentation of the facts by the chairperson/chairperson.

(4) In this case, the appellant/appellate/appellant shall be responsible for the appointment. The other members referred to in paragraph 1 also have the right to be heard. The order is determined by the chairperson. In any case, the final word is due to the accused person.

(5) Are the accused person and his/her/her/her/her/her/her/her his/her defender/defender did not appear, so the conduct of the trial is not prevented. This is to be communicated to the disciplinary accused in the summons to the oral proceedings with the notice that even in the case of his/her absence on the appeal, taking into account the one in the appellate's execution and in the Counter-execution as well as in other pleadings the law would be recognized in accordance with the law.

(6) In the oral proceedings, the disciplinary board may itself take up evidence and carry out the necessary changes to the proceedings. Persons who are summoned as witnesses are obliged to appear. The insult of witnesses and experts by the chairperson/chairperson of the disciplinary board is admissible. The disciplinary arsenal may also include the taking of evidence and procedural supplements by a delegated member of the Senate, the disciplinary board by a member appointed by the chairman of the disciplinary arsenal or by a requested court. can be done.

(7) A transcript within the meaning of section 83 shall be included in the oral proceedings.

Decision

§ 91. (1) If the survey of the facts or the proceedings of the first instance is deficient, so that it has to be repeated or supplemented in whole or in part, and the disciplinary arsenate does not take the taking of evidence and the procedural supplements itself, nor does it not (§ 90 (6)), he shall abrouse the knowledge of the disciplinary board, in whole or in part, without convening an oral hearing, and shall have the object of re-negotiation and decision in the scope of the annulment to the Rejecting disciplinary board.

(2) In all other cases, the disciplinary board has to decide in the oral appeal hearing in the case itself. If it is only shown in this that there is a deficiency mentioned in paragraph 1, the disciplinary board may, in whole or in part, lift the knowledge of the disciplinary board and the matter for the renewed negotiation and decision in the scope of the repeal to the Reject disciplinary board. If the disciplinary board decides in the case itself, it is entitled to change the knowledge in any direction, but to the detriment of the accused/accused only in the extent of the challenge.

(3) If the appeal has only been taken in favour of the accused, neither the disciplinary arsenal nor, in the case of a refoulement of the disciplinary board, a more stringent penalty shall be imposed than in the contested recognition.

Knowledge

§ 92. (1) The findings which are made on the basis of an oral proceedings are to be announced immediately, together with the essential reasons.

(2) Reproductions of the recognition, including reasons, are not the subject of the Disciplinary Board, the Disciplinary Attorney/Disciplinary Lawyer in the First and Second Instance, the accused, but in the case of the order of a defender/defender, This, and furthermore the Austrian Dentist Chamber and the State Dentist Chamber responsible for the Disciplinary Accused/Disciplinary Accused of Discipline.

Exceptional remedies

§ 93. If the position of the disciplinary person is not fully taken into account, decisions of the disciplinary arsenal shall have the possibility of appeal to the Constitutional Court, to which such a complaint may be made in the case of the application of such a case. Please note the time limit and the formal requirement of the signature of a lawyer/attorney.

Cost

§ 94. (1) In respect of the costs of the proceedings in the case of a guilty verdict, § 82 shall apply. The convicted disciplinary accused shall also be charged the costs of the appeal proceedings, provided that they have not been caused by an entirely unsuccessful appeal by the Disciplinary Board/Disciplinary Lawyer.

(2) If the disciplinary accused is partially acquitted in the appeal proceedings, the costs of the acquitted shall, in so far as it is tunable, be eliminated from the replacement.

(3) If only partial consequence of the appeal of the disciplinary accused (s) is given and the penalty is amended in his favour, the costs of the appeal proceedings shall be dem/of Do not impose professional advertisers/professional advertisers.

6.

Implementation of decisions

Disciplinary Register

§ 95. (1) Any disciplinary penalty in force shall be entered in a disciplinary register to be carried out by the Austrian Dentist Chamber (Section 19 (4) (4)).

(2) The President/President of the respective competent State Dental Chambers shall submit copies of the entries to the respective national dental office.

(3) The competent district administrative authority and the competent authority of the provincial government shall be notified of the disciplinary penalty of a temporary subsac.

Fines and procedural costs

§ 96. (1) The fines imposed and the costs of the disciplinary proceedings, which are to be borne by the punished person, are to be paid to the Austrian Dentist Chamber and may be provided by the Austrian Dental Association under the Administrative Enforcement Act 1991 (VVG), BGBl. No 53.

(2) If the Disciplinary Accused does not impose a fine imposed on him and the costs of the proceedings immediately after the entry of the legal force, he/she shall be requested in writing to pay the penalty and the costs within fourteen days, they are forced to be forced into action.

(3) If the immediate payment of a fine or the cost of the proceedings is incheaply fictitious to the payer/payer, the Disciplinary Board or the Disciplinary Board of the Disciplinary Board of the to grant the disciplinary board an appropriate postponing of the request by a decision. The deferrals may

1.

in the case of fines (including the costs of proceedings), up to EUR 15 000 in the case of payment of the entire debt, or in the case of payment of instalments in total, not more than one year,

2.

in the case of fines (including procedural costs) of more than EUR 15 000 a total of not more than two years

.

(4) § 409a (3) and (4) of the StPO shall apply.

(5) There is no legal remedy against the communication pursuant to paragraph 3.

Penalties

§ 97. (1) If, according to the legal force of a disciplinary recognition, there are significant reasons for the reduction which, at the time of the recognition of the recognition, have not yet been present or were not yet known and which appear to be a milder assessment of the In the event of a penalty, the Disciplinary Board has to decide, on its own account or on request, with a decision on the alleviation of the penalty, as soon as he has convinced himself of the existence of these abiding grounds.

(2) In the event of a decision pursuant to para. 1, the Disciplinary Attorney/Disciplinary Lawyer in the First Instance and the Disciplinary Officer shall be the subject of a complaint to the Disciplinary Board of the Austrian Dentistry Chamber within four weeks to.

Deletion from the Dentist List

§ 98. (1) If a member of the chamber has legally passed the disciplinary penalty of the removal from the dentist's list, it shall declare it in writing within three days after the disciplinary recognition has been announced by the disciplinary board. In contrast to the Austrian Dentists ' Chamber, that it will lodge a complaint pursuant to Art. 144 (1) B-VG, together with a request for the granting of the suspender effect, may, if subsequently, the timely collection of the Complaint filed by sending a transcript, the realization only completed if the Constitutional Court does not grant the suspensive effect or the appeal proceedings are terminated.

(2) The Chairman of the Disciplinary Board shall immediately after notification of the decision of the Disciplinary Board of the Austrian Dentist Chamber and the competent State Dental Office for the Disciplinary Accused of Disciplinary Court of Constitutional Court to agree on the suspensive effect or the termination of the appeal proceedings.

Section 7

Eradication of disciplinary sanctions

Grace periods

§ 99. The repayment periods shall be:

1.

in the case of a written reference one year from the legal force of the disciplinary recognition;

2.

in the case of a fine, five years from the date of full payment or the determination of the incriminality;

3.

in the event of a temporary failure to pursue the profession, ten years from the legal force of the disciplinary recognition;

4.

in case of deletion from the dentist's list fifteen years from the legal force of the disciplinary recognition.

Tilgung

§ 100. (1) The repayment of the disciplinary sanctions registered in the Disciplinary Register shall enter into force after the expiry of the time limits set out in § 99.

(2) In a disciplinary procedure, tiled disciplinary penalties may not be taken into account or referred to in findings and decisions.

(3) The offender may request the determination that his/her disciplinary sentence be redeemed. This application shall be submitted to the Disciplinary Board, which shall decide on it by decision. The person concerned may lodge a complaint against the decision of the Disciplinary Board within four weeks of the disciplinary board. Section 86 (3) shall apply.

(4) If a person is again sentenced to more than one disciplinary penalty or before the end of the repayment period to a disciplinary penalty, all disciplinary penalties shall be redeemed only jointly. In this case, the repayment period shall be determined after the individual period, which would end at the latest, but shall be extended by so many years, as final convictions which have not yet been eradicated and are not yet satisfied. The conviction that has finally become final is to be counted.

8. Section

Penalties

§ 101. (1) The chairpersons of the Disciplinary Board and the Disciplinary Arsenal shall ensure the maintenance of the order and the maintenance of the decency in the disciplinary proceedings.

(2) Persons who disturb the disciplinary hearing or who violate the decency by unfairly conduct are to be admonided by the Chairman. If the exhortation remains unsuccessful, it can be held by the chairperson/chairperson of the disciplinary board or chairperson of the disciplinary board after a previous threat of threat. of the disciplinary board, the word has been withdrawn and its distance has been removed or a penalty of up to EUR 1 500 shall be imposed.

(3) The defender/defender of the accused person (s) of the admonition of the chairman, not to disturb the order or to violate the decency not by unfairly behaviour, can be plotted against the accused person. are to order one/another defender/defender.

(4) The same administrative penalties can be imposed on persons who use written entries of a insulting spelling as well as against witnesses who appear to be obliged to appear (§ § 74 (2), 90 (6)). .

(5) Prior to the imposition of the administrative penalty, the person concerned shall be given an opportunity to justify himself in writing or orally in accordance with Section 45 (3) AVG.

(6) In the case of public bodies and against professional party representatives/party representatives, if they are subject to a disciplinary law, they shall not be required to impose a disciplinary penalty, but merely to report to the disciplinary authority.

(7) The imposition of a disciplinary penalty shall not preclude the prosecution of criminal offences for the same conduct.

(8) In the event of a disciplinary penalty being imposed by the Disciplinary Board, the person concerned may appeal to the Disciplinary Board within a period of four weeks. The disciplinary arsenal will decide definitively. The execution of the administrative penalty shall be suspended until the decision of the disciplinary arsenal. No ordinary appeal is admissible against the decision to impose a disciplinary penalty on the disciplinary arsenal.

(9) The fines imposed pursuant to paragraph 2 shall be allocated to the Austrian Dentist Chamber.

Application of other statutory provisions

§ 102. (1) The provisions of the Code of Criminal Procedure shall apply to the calculation of time limits, consultation and voting as well as the resumption of proceedings, insofar as the provisions of this main piece do not give any other consideration.

(2) The provisions of the Code of Criminal Procedure shall apply to the reinstatement, with the proviso that the reinstatement shall be admissible against the failure of all time limits and that it will not be prevented by a less degree of vision. A request for re-establishment shall be decided by the Disciplinary Authority, in which the missed processination was to be carried out. No appeal is admissible against the refusal of re-establishment.

(3) In addition,

1.

in the proceedings before the Disciplinary Board, the provisions of the AVG, with the exception of Sections 2 to 4, 12, 42 (1) and 2, 51, 51a, 57, 63 (1) and 5 first and second sentence of the second half sentence, 64 (2), 64a, 67a to 67h, 68 (2) and (3) and 75 to 80,

2.

in the proceedings before the Disciplinary Board, the provisions of the Code of Criminal Procedure relating to appeals against judgments of the District Courts and

3.

in the proceedings before the Disciplinary Board and the Disciplinary Arsenal, the provisions of the Delivery Act, BGBl. No 200/1982,

shall be applied in so far as the provisions of this main piece do not provide otherwise and the application of the provisions of the Code of Criminal Procedure is compatible with the principles and peculiarities of the disciplinary procedure.

Communications to the public

§ 103. (1) Communications to the public on the course and results of a disciplinary procedure, on the content of the disciplinary files, and on the content of an oral hearing and disciplinary decisions, in so far as the procedure is is not public (Section 90 (2)) and except in the case of § 58 (8), prohibited.

(2) However, the member of the chamber to which the disciplinary proceedings referred may report on the outcome of the disciplinary proceedings in so far as it does not infringe his obligation to give a person's professional secrecy.

6. Main piece

Section 1

Gebarung

Annual estimates and financial statements

§ 104. (1) The Federal Committee shall have annual

1.

until 15 December, the annual estimates of the Austrian Dentists ' Chamber for the next calendar year, and

2.

until 30 June, the closure of the accounts of the Austrian Dental Association for the previous calendar year

to the Commission.

(2) The Land Committee shall have annual

1.

until 15 December, the annual estimates of the State Dentists ' Chamber for the next calendar year, and

2.

until 30 June, the closure of the accounts of the State Dentists ' Chamber for the previous calendar year

and to forward it immediately to the Austrian Dentists ' Chamber.

Chamber contributions

§ 105. (1) In order to dispel the administrative burden, the burden on the institutions, the staff costs and the other financial requirements for the tasks entrusted to the Austrian Dentists ' Chamber, except in respect of the Welfare Fund, the Austrian Dentist Chamber has to set income-dependent chamber contributions to be included by the members of the Chamber.

(2) In order to cover the administrative burden, the burden on the institutions, the staff costs and the other financial requirements for the tasks entrusted to the State Dentistry Chamber, except for the welfare fund, the Austrian Dentist Chamber at the request of the State Dentists ' Chambers to determine income-dependent Landeskammer contributions to be included by the members of the Chamber.

(3) The statutory social insurance institutions and health care institutions have

1.

the contributions to the chamber, which are included in the contribution order as euro amounts or percentages, to be withheld from the fee accounts and, at the latest, up to the 15. Day after the due date of the fee payment to the Austrian Dentist Chamber or to remove the national dental chamber, provided that this is provided for in the Contribution Regulations;

2.

the Austrian Dentist Chamber or the national dental chamber, at the request of the respective State Dentistry Chamber, for the purpose of checking the calculation of the chamber contributions in individual cases, the cash register fee, the number of cases and a breakdown of the gross turnover of a member of the profession in accordance with the respective to transmit individual services, a transfer of this data by the Austrian Dentistry Chamber or the respective State Dentists ' Chamber is not permitted.

(4) In the case of chamber members exercising their occupation in the service relationship, the chamber contribution can be withheld monthly by the service provider/service provider and is then to be carried out quarterly to the Austrian Dentistry Chamber.

(5) The President of the Austrian Dentists ' Chamber is the first instance of proceedings for chamber contributions. The right of appeal to the Federal Committee is pending against decisions by the President/President. The AVG is to be used for these procedures.

(6) Permanent contributions to the chamber can be driven by political execution.

(7) Further provisions concerning the fixing and collection of the chamber contributions shall be laid down by the Austrian Dentists ' Chamber in the contribution order.

Section 2

Right to know and oversee

Right of instruction

§ 106. The Austrian Dentist's Chamber is bound in the transferred sphere of action to the instructions of the Federal Minister for Health and Women.

Acts in the field of action transferred

§ 107. (1) The provisions of the Austrian Dentistry Chamber in the scope of action transferred pursuant to Section 20 (4) shall be subject to the instructions of the Federal Minister for Health and Women.

(2) The acts referred to in paragraph 1 shall be submitted for consideration before the decision is taken by the Federal Minister for Health and Women and may be submitted by the Federal Minister for Health and Women for the Improvement of Health and Women's Health and Women's Affairs , in particular if they are contrary to existing rules.

(3) The adopted acts in accordance with paragraph 1 shall be made public on the Internet in general, or in the official press organ of the Austrian Dental Chamber of Dentists, with reference to the full text of the text on the Internet, and shall, in so far as they do not later, be In-Force-Tretens-Point in time, after the end of the tag of the customer in force.

Supervisory law

§ 108. (1) The Austrian Dentist Chamber is subject to the supervision of the Federal Minister for Health and Women in its own sphere of action.

(2) Decisions of the institutions of the Austrian Dentists 'Chamber and the State Dentists' Chambers, which violate existing rules, shall be repealed by the Federal Minister for Health and Women's Affairs. At the request of the supervisory authority, the Austrian Dentistry Chamber and the State Dental Chambers shall submit the decisions it has called for.

(3) The institutions of the Austrian Dentists ' Chamber and the State Dental Chambers shall be relieved of their function by the supervisory authority if they:

1.

Do not follow instructions (§ § 106 f),

2.

neglect their tasks, or

3.

the quorum is incapable.

In the case of Z 3, the Federal Minister for Health and Women (Federal Minister for Health and Women) has to appoint a government commissioner/government commissioner to continue the business and to arrange for new elections immediately. The government commissioner/government commissioner is to be ordered from the circle of right-wing employees of the supervisory authority. He/she is an advisory board, consisting of two chamber members, to be put aside. The costs arising from the appointment of a government commissioner/government commissioner are to be borne by the Austrian Dentists ' Chamber.

Legal acts in their own sphere of action

§ 109. (1) The Austrian Dentist Chamber has

1.

the Statute,

2.

the Rules of Contribution,

3.

the annual estimates and the closure of accounts,

4.

the College of Rules of Light,

5.

the Order of Patients ' Rules of Ity,

6.

the Autonomous Honorary Directives,

7.

the Regulation on the limit value,

8.

the standing order;

9.

the advertising guidelines,

10.

the training guidelines

11.

the training guidelines and

12.

the shield order

after decision-making by the supervisory authority.

(2) The Federal Minister for Health and Women's Federal Minister for Health has to prohibit the file in accordance with paragraph 1 within four months of submission if it contradict the provisions of this Federal Law or of the Dental Act.

(3) The President/President may submit a prospective decision of a legal act pursuant to paragraph 1 before the decision is taken by the supervisory authority for consideration. The supervisory authority may withdraw the envisaged decision to improve it, in particular if this is contrary to statutory provisions.

(4) The file referred to in paragraph 1 shall be made available in general terms and in the official press organ of the Austrian Dentistry Chamber, with reference to the resolution in full text on the Internet. An understatement in accordance with paragraph 2 is also available in full text on the Internet in general or in the official press organ of the Austrian Dentist Chamber and lifts the under-mentioned act retroactively.

(5) The file referred to in paragraph 1 (1) (1) and (3) to (12) shall, unless a different date of entry into force of force, be determined by the date of the presentation, and the contribution order shall be 1. Jänner of the calendar year for which the contribution order is issued or the contribution has been fixed.

(6) Order

1.

The two dental assistants of the Disciplinary Board and their alternates (§ 62),

2.

the Disciplinary Lawyer/Disciplinary Lawyer in the first instance and his/her deputy/deputy (§ 63) and

3.

the two other dental assistants at the disciplinary board and their deputists (§ 66)

requires the approval of the Federal Minister of Health and Women's Health and Health. This is to be granted if the order does not contradicts this federal law.

(7) The Austrian Dentist Chamber has to submit an annual report to the Federal Minister for Health and Women (Federal Minister for Health and Women) by 31 March at the latest, in particular the report on the activity report on the previous year, a statistical report. Evaluation in connection with the list of dentists, as well as any suggestions for further development of the dental profession and the right of professional standing, must be included in the full text on the Internet in general or in the official press organ publish the Austrian Dentistry Chamber.

Section 3

Criminal provisions

§ 110. (1) If the duty of confidentiality in accordance with § § 4 and 103 is violated, unless the act constitutes the offence of a criminal act falling within the jurisdiction of the courts, an administrative surrender shall be carried out and shall be subject to a fine until the date of the to EUR 2 500.

(2) The experiment shall also be punishable.

Section 4

Special provisions for Dentists/Dentistinnen

Rights and obligations

§ 111. By way of derogation from § § 11 and 12, the following special regulations apply to members of the Chamber who are registered as Dentists/Dentists in the Dentists ' List:

1.

You are entitled to an exhibition of a Dentist ID.

2.

You are entitled to receive benefits from the support fund set up for members of the Dentistenprofession (§ 112).

3.

They are exempt from the obligation to transmit data, to issue information and to provide contributions to the welfare fund in accordance with Section 12 (2).

4.

They cannot be elected as dental representatives in the organs of the welfare funds of the medical chambers (§ 35 para. 3).

Support Fund

§ 112. (1) For those members of the Chamber who are registered as Dentists/Dentists in the Dentists ' List, the Support Fund established by the Austrian Identity Chamber shall continue to be in the form at the time of the Except-Force-Tretens of the Dentist Act, BGBl. No. 90/1949, has been passed.

(2) The support fund for members of the Dentist profession is a special fund of the Austrian Dentistry Chamber, which is separately administered by the remaining chamber assets.

(3) The Management of the Support Fund shall be managed by a Management Committee in accordance with the provisions of the Rules of Procedure of the Support Fund.

(4) Amendments to the Rules of Procedure of the Support Fund shall be decided by the Federal Committee of the Austrian Dentistry Chamber on a proposal from the Management Committee.

(5) The Management Committee of the Support Fund of the Austrian Dentist Chamber shall apply from 1 January 2008. Jänner 2006 as the Management Committee of the Support Fund of the Austrian Dentistry Chamber.

(6) In the event of the departure of members of the Management Committee, the members of the Federal Committee of the Austrian Dentist Chamber shall be appointed by the Federal Committee of the Austrian Dentistry Committee, acting unanimously, of the remaining members of the Management Committee.

(7) The Austrian Dentistry Chamber shall not be liable for claims against the Support Fund.

(8) If no claims can be made against the Support Fund, the remaining special assets shall be subject to the elimination of the separate administration (paragraph 1). 2) in the assets of the Austrian Dentist Chamber.

7. Main piece

Closure and transitional provisions

Section 1

Transitional provisions

Chamber membership

§ 113. (1) Persons who, by the end of 31 December 2005,

1.

as specialist doctors for dentistry, oral and oral medicine or dentists/dentists in accordance with the provisions of the Medical Law 1998, as amended by the 6. Medical Law Novel, BGBl. I n ° 179/2004, are entered in the medical list and are regular chamber members of a medical chamber; or

2.

Chamber members of the Austrian Dentist Chamber according to the provisions of the Dentistengesetz, in the version of the Federal Law BGBl. I No 65/2005,

are from 1. Jänner 2006 Chamber members of the Austrian Dentistry Chamber.

(2) Members of the dental profession who are entitled to pursue the dental profession on the expiry of 31 December 2005 on the basis of an authorization pursuant to § § 32, 33, 35 or 210 ÄrzteG 1998 shall be from 1. Jänner 2006 Chamber members of the Austrian Dentistry Chamber, with the proviso that they are not entitled to performance and obligations to the welfare fund of the Medical Association of the respective federal state, without prejudice to § 110 of the Medical Doctors ' Association 1998.

(3) Members of the dental profession who, by the end of 31 December 2005, in accordance with § 68 (5) of the Medical Act 1998, in the version of the 6. Medical law novella, as extraordinary chamber members of a medical chamber are registered, with the exception of the persons mentioned in paragraph 2 above, are entitled to the respective medical chamber, notwithstanding the extraordinary chamber membership, according to § 13 to register this federal law as an extraordinary chamber member of the Austrian Dentistry Chamber.

Succession

§ 114. (1) With the entry into force of this federal law, legal successor

1.

the Austrian Dentistry Chamber in all the rights and obligations of the Austrian dentist Chamber and the Bundeskurie der dentists of the Austrian Medical Association and

2.

The State Dental Chambers in all the rights and duties of the Courts of the dentists of the Medical Chambers of the respective federal state.

The Austrian Dentist Chamber is a legal successor in respect of the rights and obligations of the Austrian Medical Association and the Medical Chambers in the Federal States, which are the members of the Chamber represented by the Austrian Dentists ' Chamber will continue to be affected.

(2) The contracts in force on the expiry of 31 December 2005 (total contracts), which are concluded by the Austrian Medical Association and/or from the medical chambers in the federal states for the field of dental activities and from the Austrian dentists ' Chamber with the institutions of social security (associations) have been concluded, go from 1. January 2006 to the Austrian Dentistry Chamber. The individual contracts concluded on the basis of the general contracts between persons belonging to the dental profession and social insurance institutions shall apply without prejudice to this succession.

Constitution of the Austrian Dentists ' Chamber

§ 115. (1) For the constitution of the organs of the Austrian Dentistry Chamber and the State Dental Chambers, the first-time election of the delegates is up to 1. Jänner 2007 pursuant to § § 37 f.

(2) The provisional Federal Committee pursuant to Section 116 (5) decides the order of the first-time election of the delegates.

(3) The Federal Minister for Health and Women's Federal Minister for Health and Health has more detailed provisions for the first-time election of the delegates and the constitution of the newly elected bodies of the Austrian Dentistry Chamber and the State Dental Chambers of the State of Dentistry .

Temporary organs and functions

§ 116. (1) From 1. January 2006 until the constitution of the institutions in accordance with § 115 the Austrian Dental Association and the State Dental Chambers have the provisional institutions set out in paragraphs 2 to 8. For these, the regulations of the 2. and 3. Main item to be used. The previous function holders referred to in paragraph 2 to 10 are those persons who, by the end of December 31, 2005, are in the Austrian Medical Association, the Medical Association of the respective federal state, or The Austrian dentist chamber has the corresponding function.

(2) In the sense of paragraph 1

1.

Provisional/provisional President/President of the Austrian Dentistry Chamber of the former chairman of the Bundeskurie der dentists of the Austrian Medical Association,

2.

Provisional Vice-Presidents of the Austrian Dentistry Chamber of the former Vice-President of the Federal Curia of the dentists of the Austrian Medical Association and the former President of the Austrian Medical Association Austrian dentist chamber and

3.

Provisional/provisional finance officer of the Austrian Dentistry Chamber of the former Finance Officer of the Federal Curia of the dentists of the Austrian Medical Association.

(3) The provisional Federal Council shall include the persons referred to in paragraph 2 above.

(4) In the sense of paragraph 1

1.

Provisional/provisional President/President of a State Dentistry Chamber of the former Obmann/Obwife of the Curia of the Dentists of the Medical Association of the respective federal state,

2.

Provisional/provisional Vice-President/Vice-President of a State Dentistry Chamber of the former deputy chairman/Obwife of the Curia of the dentists of the Medical Association of the respective federal state and

3.

Provisional/provisional Landesfinanzreferent/Landesfinanzreferentin einer Landeszahnärztekammer der/die Previous Financial Officer/Financial Officer of the Curia of the dentists of the Medical Association of the respective federal state.

(5) The provisional Federal Committee shall include the persons referred to in paragraph 4 (1) (1) and (2) of all national dental chambers and the persons referred to in paragraph 2 (2) (1) and (2) of this Regulation.

(6) The provisional Assembly of Delegates includes the previous members of the KurienMeetings of the Curia of the Dentists of the Medical Chambers and the previous members of the Board of Directors of the Austrian dentist's Chamber.

(7) The provisional provincial committees belong to the former members of the Kurien Assembly of the Curia of the Dentists of the Medical Association of the respective federal state.

(8) The provisional national inventors shall be members of the persons referred to in paragraph 4 of the respective federal state.

(9) The appointment of all speakers of the Federal Curia of the Dentists of the Austrian Medical Association, the Curia of the Dentists of the Medical Chambers and the Austrian dentist Chamber, who were appointed by the end of the 31 December 2005, shall remain with the in any case, to the constitution of the institutions of the Austrian Dentistry Chamber, or of the State Dentists ' Chambers, unless the provisional Federal Committee decides to deviate from it.

(10) Provisional/Provisional Chamber Director/Chamber Director of the Austrian Dentistry Chamber is the former chamber office director/chamber office director of the Austrian dentists ' Chamber.

Dental representatives/representatives in the welfare fund

§ 117. From 1. Jänner 2006 until the appointment of the dental representatives in the General Assembly, the Administrative Committee, the Review Committee and the Board of Appeal of the Medical Chambers in the Federal States (§ 35 para. 3) those members of the dental profession who, by the end of 31 December 2005, have a function in the welfare fund, the corresponding function.

Staff

§ 118. The provisions of the Labour Contract Law Adaptation Act, BGBl. No 459/1993, apply to workers who, at the end of the 31 December 2005, are mainly responsible for the Austrian dentist ' s Chamber or for the Bundeskurie der dentists of the Austrian Medical Association or for a curia of the Dentists of a medical chamber are active.

Chamber assets

§ 119. (1) With 1. January 2006 the assets of the Austrian dentists ' Chamber will be sent to the Austrian Dentistry Chamber as of 31 December 2005.

(2) With 1. January 2006 goes

1.

the assets of the Federal Curia of the dentists of the Austrian Medical Association to the Austrian Dentistry Chamber as at 31 December 2005; and

2.

The assets of the Kurien of the dentists of the doctors ' chambers in the federal states on 31 December 2005 to the State Dental Chambers

over.

(3) With 1. January 2006 are special assets of the dental profession as at 31 December 2005, which are received by the doctors ' chambers and/or managed by the curies of dentists in the federal states, such as settlement offices, problem treatment centres, helpers and training institutions, to the state dental chambers to transfer.

(4) The assets of the Austrian Medical Association as at 31 December 2005, with the exception of those exclusively from physicians for general medicine, specialist doctors and/or specialist doctors. The special assets of the federal sections, the Bundesfachgruppen and the Office of the Hausapotheken-leading physicians, are to be found in the Austrian Medical Association on the basis of the 2004 clearance of accounts. To divide Austrian dentists ' chamber according to economic principles.

(5) The assets of the doctors ' chambers in the Länder as at 31 December 2005, with the exception of the welfare funds, are on the basis of the 2004 financial statements to the respective medical chamber and to the respective state dental chamber after to be divided into economic principles.

(6) For the evaluation of the assets of the Austrian Medical Association, the medical chambers in the federal states, with the exception of the welfare funds, and the curia of the dentists of the doctors ' chambers pursuant to para. 2 to 5, the Austrian Dentistry Chamber, the Austrian Medical Association Order the medical board of the respective federal state to appoint one of the business spreaders/traders in the business.

(7) By no later than 10. Jänner 2006 have the Austrian Medical Association The chambers of doctors in the Länder have to pay a partial payment of the assets to be transferred in accordance with paragraphs 4 and 5 of this Article in the amount of the repayments made by the members of the dental profession in 2004, and taking into account the actually caused costs to the Austrian Dentist Chamber, or to afford the State Dental Chambers.

(8) In so far as the decisions relating to the valuation and allocation of assets pursuant to para. 2 to 5 cannot be taken within half a year after the entry into force of this federal law in a consensual way, the decision shall be taken to mediate in the contentious issue of a dispute settlement commission. This Commission of Schlichtungskommission consists of:

1.

Appointed by the Federal Minister for Health and Women in agreement with the Federal Minister for Justice and/or the Federal Minister for Justice, and/or Judge/Judge of the Federal Minister for Justice and/or Justice

2.

two business hands/economic spreader, each of which one/one from the Austrian Medical Association respectively the Medical Association of the respective federal state and the Austrian Dentists ' Chamber is proposed and ordered by the Federal Minister for Health and Women (Bundesminister/Federal Minister for Health and Women).

If the business spreader/business spreader according to Z 2 is not proposed within four weeks, these are to be ordered by the Federal Minister for Health and Women without a proposal from the defaulting party. The Schlichtungskommission may also be used at an earlier point in time, provided that the parties agree to this by common accord.

(9) The settlement procedure referred to in paragraph 8 shall be carried out at its discretion, in compliance with the principles of impartiality, impartiality, justice and equity. The Arbitration Commission shall assist the parties in the search for consensual and amicable dispute resolution and may, with the agreement of the parties, submit proposals for dispute settlement at any stage of the proceedings.

(10) The dispute settlement procedure referred to in paragraph 8 shall end if:

1.

the parties have made a consensual decision,

2.

the Commission of Schlichtungskommission has declared an end to the process of hopelessness, or

3.

agreement was not reached within one year from the start of the conciliation procedure.

The costs for this dispute settlement procedure will be half of the Austrian Medical Association respectively. the Medical Association of the respective federal state and the Austrian Dentistry Chamber.

(11) As long as the dispute settlement procedure is not terminated in accordance with paragraph 10, the ordinary legal path shall be excluded.

(12) The expiry of the limitation period is inhibited during the period of the negotiations and the conciliation procedure, but at the most up to 24 months after the entry into force of this Federal Law.

Closing of the accounts 2005 of the Austrian dentist's chamber

§ 120. The closure of the accounts of the Austrian Dentist Chamber for the year 2005 shall be decided by the provisional Federal Committee of the Austrian Dentistry Chamber (Section 116 (5)) by 31 May 2006 at the latest. § 109 shall apply.

Annual estimates 2006

§ 121. (1) The annual estimates of the State Dental Chambers for the year 2006 shall be decided by the provisional national committees (Section 116 (7)) by 31 March 2006 at the latest and shall be transmitted without delay to the Austrian Dentists ' Chamber.

(2) The annual estimates of the Austrian Dentistry Chamber for the year 2006 shall be decided by the provisional Federal Committee of the Austrian Dentists ' Chamber (Section 116 (5)) by 31 May 2006 at the latest. § 109 shall apply.

Acts of the Austrian Medical Association and of the Austrian dentist chamber

§ 122. (1) The following Regulations, Directives and other provisions of the Austrian Medical Association concerning members of the dental profession shall also be adopted after the end of the 31 December 2005 until the date of the authorisation. Austrian dentists ' chamber for members of the dental profession shall apply:

1.

Doctor and Public Directive of 12 December 2003;

2.

Schilderordnung of 18 December 1999, as amended on 24 June 2005;

3.

Diploma-Training programme of 1. Jänner 1995;

4.

Regulation on the regulation of functional charges, daily allowances-processing fees and travel expenses rates of 3 December 2004;

5.

Autonomous Honorary Directives 2005/2006 of 30 April 2005;

6.

The Rules of Ity of 30 May 1964;

7.

Decree-Law of 24 June 2005;

8.

Code of Conduct-Conduct of physicians and dentists towards the pharmaceutical and medical devices industry of 24 June 2005.

For members of the Dentistenprofession, these acts shall apply only to the extent that no corresponding regulations of the Austrian dentist Chamber are provided in accordance with paragraph 2.

(2) The following regulations, directives and other provisions of the Austrian dentist Chamber are also applicable after the expiry of the 31 December 2005 until the corresponding acts of the Austrian Dentistry Chamber for members of the Austrian dentist's chamber are not Apply to the dentist profession:

1.

The Rules of Ity of 16 March 1952;

2.

Order of Contribution of 16 March 1952;

3.

Rules of procedure of the Support Fund of the Austrian dentist Chamber of 1. Jänner 2003, as amended on 31 December 2005.

Rights of de-shipment

§ 123. To the extent that the Austrian dentist's chamber, the Austrian Medical Association or the Medical Chambers in the Federal States are responsible for posting rights in bodies, commissions, councils and the like set up by law in federal law, these rights shall, if they are also relate to dental matters, including the Austrian Dental Association or the Austrian Dental Chamber of Dentists to the State Dental Chambers.

Pending procedures

§ 124. (1) Procedure pending at the end of 31 December 2005 in accordance with

1.

§ 91 Medical Association 1998, in the version of the 6. Medical-law novella affecting members of the dental profession, and

2.

§ 94 Medical Association 1998, in the version of the 6. Medical law-Novelle, between members of the dental profession and doctors/doctors

shall be continued and concluded in accordance with the legal situation in force before that date.

(2) Procedure pending at the end of 31 December 2005 in accordance with § 94 Medical Act 1998, in the version of the 6. Medical law-Novelle, between members of the dental profession are with 1. To continue and conclude January 2006 in accordance with the relevant provisions of this Federal Law.

(3) With the expiry of 31 December 2005 pending proceedings pursuant to § § 145 ff ÄrzteG 1998, in the version of the 6. Medical law novella concerning members of the dental profession shall be continued and concluded after the legal situation in force before that date. Procedures which are not completed by 30 June 2006 shall be concluded in accordance with the relevant provisions of this Federal Law.

(4) In proceedings pending before 31 December 2005, before ordinary courts or arbitral tribunals, in which the Austrian dentist Chamber or the Austrian Medical Association or the Austrian Medical Association or the Austrian Medical Association respectively. the medical chamber of a federal state party or party, and which mainly concern dental concerns, is the Austrian Dentist Chamber, or the respective State Dentists ' Chamber with 1. Jänner 2006 in the proceedings as a party to the proceedings.

Disciplinary procedure

§ 125. In the case of disciplinary proceedings involving members of the dental profession, in respect of which no prosecution has been set at the end of the 31 December 2005 or no decision has been taken, the expiry of the limitation period shall be laid down in accordance with section 56 (1). 1 of 1. Jänner 2006 until the constitution of the disciplinary bodies of the first instance in accordance with the provisions of this Federal Act, no later than 30 June 2006, inhibited.

Section 2

Final provisions

In-force pedals

§ 126. This federal law comes with 1. Jänner 2006 in force.

Enforcement

§ 127. With the enforcement of this federal law, the Federal Minister for Health and Women (Federal Minister for Health and Women) is in agreement with the Federal Minister for Health and Health (§ 62 (3), last sentence, § 66 para. 2) and § 119 (4) (1) (1) in agreement with the Federal Minister for Health and Health (Bundesminister) for Justice, entrusted.

Fischer

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