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Amendment Of Mtd Act And Midwives Act

Original Language Title: Änderung des MTD-Gesetzes und des Hebammengesetzes

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70. Federal Law on the Amendment of the MTD Act and the Hebammen Act

The National Council has decided:

Article 1

Amendment of the MTD Act

The federal law on the regulation of high-end medical-technical services (MTD law), BGBl. No. 460/1992, as last amended by the Federal Law BGBl. I n ° 7/2004, shall be amended as follows:

(1) The following paragraphs 4 to 6 are added to § 3:

" (4) A diploma in accordance with section 1 (3) is a certificate of a university of applied sciences (Fachhochschul-Bakkalaureatscurriculum) of the University of Applied Sciences (Fachhochschul-Studiengesetz-FHStG, BGBl) successfully completed at an Austrian university. No 340/1993, as amended, for the relevant upper medical-technical service, provided that the

1.

under the direction of a (a) member of the relevant high-level medical-technical service; and

2.

of the Regulation referred to in paragraph 5.

(5) The Federal Minister (Federal Minister) for Health and Women has for training purposes in accordance with paragraph 4 more detailed provisions on the competences which must be acquired in the framework of the "Fachhochschul-Bakkalaureatsstudiengang", including the To lay down minimum requirements for training by Regulation.

(6) The Technical University Council has

1.

in the processing of applications for accreditation, extension or revocation of the accreditation of the University of Applied Sciences (Fachhochschul-BakkalaureatsstudiProgrammes) for the training in the upper-level medical-technical services two from the Federal Minister of Economics and Technology (Federal Minister) for health and women nominated experts to assess the conformity of applications or applications. the technical colleges of higher education institutions with the requirements of the Regulation referred to in paragraph 5,

2.

a copy of the decision on the accreditation, the extension or the revocation of the accreditation of a university of applied sciences certificate for the training in the upper-level medical-technical services of the Federal Minister of Economics and Technology (Bundesminister) (Federal Minister) for health and women, and

3.

an annual report on the state of developments concerning training in advanced medical-technical services in the field of applied sciences in the previous calendar year, including information on individual study establishments; and the short-, medium-and longer-term needs until March 1 of each year to the Federal Minister (Federal Minister) for health and women. "

2. § 7 (2) reads:

"(2) The diet and nutrition counselling service may also be carried out in service to one (one) guest operator and to research, science and industry institutions."

(3) The following paragraph 5 is added to § 7a:

"(5) The professional activity may be taken up as soon as the notification referred to in paragraph 2 has been received by the district administrative authority."

4. The following paragraph 3 is added to § 9:

"(3) An appeal shall not be admissible against the defamation of the Governor of the State in accordance with paragraph 1."

Section 10 (1) reads as follows:

" (1) Those who are entitled to pursue the professional exercise of the relevant speciality of the upper medical-technical service shall have the professional title in the exercise of their profession.

1.

"Physiotherapist"-"Physiotherapist" (§ 1 Z 1)

2.

"Biomedical Analyst"-"Biomedical Analytic" (§ 1 Z 2)

3.

"Radiologietechnologin"-"Radiologietechnologe" (§ 1 Z 3)

4.

"Diätologin"-"Diätologist" (§ 1 Z 4)

5.

"Ergotherapist"-"Ergotherapeut" (§ 1 Z 5)

6.

"Logopädin"-"Logopäde" (§ 1 Z 6)

7.

"Orthoptist"-"Orthoptist" (§ 1 Z 7)

"

6. In Section 10 (2), after the word order "of an EEA Contracting State" the phrase "or the Swiss Confederation" inserted.

7. In Section 11c (2) (3), the word "Hospitals" by the word "Health care institutions" replaced.

8. In § 34a, the expression " BGBl. I No 7/2003 " by the expression " BGBl. I No 7/2004 " replaced.

9. § 36 (8) reads:

" (8) With 1 June 2002

1.

§ 3 (3) (3) (3) and § 6b (1) in the version of the Federal Law BGBl. I No 7/2004 and

2.

Section 10 (2) in the version of the Federal Law BGBl. I No 70/2005

in force. "

Article 2

Amendment of the Hebammen Act

The Hebammen Act, BGBl. No. 310/1994, as last amended by the Federal Laws BGBl. I n ° 92/2002 and BGBl. I No 17/2003, shall be amended as follows:

1. In § 1 paragraph 2, after the expression of the staples "(EEA Agreement)" the phrase "or the Swiss Confederation" inserted.

2. In § 7 para. 2 Z 3 the word "Hospitals" by the word "Health care institutions" replaced.

2a. The previous wording of § 11 shall be replaced by the sales designation "(1)" ; the following paragraphs 2 to 4 are added:

" (2) A diploma within the meaning of Section 1 (1) 1 is a certificate of a university of applied sciences (Fachhochschul-Bakkalaureatsprogramm) of the University of Applied Sciences (Fachhochschul-Studiengesetz-FHStG, BGBl) successfully completed at an Austrian university. No 340/1993, as amended, for the training of midwives, provided that:

1.

is under the direction of a midwife and

2.

of the Regulation referred to in paragraph 3.

(3) The Federal Minister for Health and Women's Federal Minister for Health and Women has more detailed provisions on the competences of the Federal Ministry of Health and Health under the provisions of section 2 of the European Law on the subject of the The University of Applied Sciences of the University of Applied Sciences must be acquired, including the minimum requirements for the training provided by the Regulation.

(4) The Technical University Council has

1.

in the processing of applications for accreditation, extension or revocation of the accreditation of the University of Applied Sciences (Fachhochschul-BakkalaureatsstudiProgrammes) for the training of the Hebamme two from the Federal Minister for Health and the Federal Minister for Health and Health Women nominated experts to assess the conformity of applications the universities of applied sciences of a university of applied sciences to comply with the requirements of the Regulation referred to in paragraph 3,

2.

a copy of the decision on the accreditation, the extension or the revocation of the accreditation of a university of applied sciences certificate for the training of the Federal Minister of Health and the Federal Minister for Health and the Federal Minister for Health and Health to women and

3.

an annual report on the state of developments concerning the training of midwives in the field of applied sciences in the past calendar year, including information on the individual study establishments and the short, medium and longer term The Federal Minister of Health and Women must be reimbursed by 1 March of each year. "

3. § 12 (4) Z 1 reads:

" 1.

have been issued before the date of application of Directive 80 /155/EEC with regard to the training completed in the territory of the former German Democratic Republic if they were taken up before the production of the German unit, and "

Section 12 (5a) shall be replaced by the sales designation "(4a)" and shall be inserted in accordance with paragraph 4 of paragraph 5:

(5) Subject to the provisions of paragraphs 5a, 5b, 5c, 5d and 5e, diplomas, certificates or other evidence of formal qualifications shall apply to nationals of a Contracting Party to the EEA Agreement (EEA nationals) from a Contracting Party to the EEA Agreement. , which do not comply with the minimum requirements of Article 1 of Directive 80 /155/EEC, in the form of qualification certificates only if:

1.

they have been issued before the date of application of Directive 80 /155/EEC, and

2.

a certificate issued by the State of origin or the State of origin is submitted to the effect that the person concerned has effectively and lawfully exercised the profession of a midwife for at least three years during the last five years prior to the issue of the certificate "

5. According to Article 12 (5), the following paragraphs 5a to 5e are inserted:

" (5a) EEA-nationals issued diplomas, certificates and other evidence of formal qualifications which complete an apprenticeship established in the territory of the former German Democratic Republic prior to the production of German unification; or and not complying with the minimum requirements laid down in Article 1 of Directive 80 /155/EEC shall be considered as proof of qualification if a certificate issued by the competent German authority is submitted to it,

1.

that this evidence of formal qualifications confers the right to exercise the profession of midwives in the whole of Germany under the same conditions as the corresponding proof of competence listed in the Annex to Directive 80 /154/EEC, and

2.

the person concerned has effectively and lawfully exercised the profession of a midwife in Germany for at least three years during the last five years prior to the issue of the certificate.

(5b) EEA nationals issued diplomas, certificates and other evidence of formal qualifications completing an apprenticeship in the former Czechoslovakia before 1 January 2008. A certificate issued by the competent authority of the Czech Republic or Slovakia shall be considered as proof of qualification in January 1993,

1.

that this certificate of formal qualifications for the exercise of the profession of midwifery in the Czech Republic or Slovak territory confers on Slovak territory the same rights as the corresponding proof of competence listed in the Annex to Directive 80 /154/EEC, and

2.

the person concerned, during the last five years prior to the issue of the certificate, has been in fact and lawfully the profession of a midwife in the Czech Republic for at least three years, in Slovakia.

(5c) Diplomas, certificates and other evidence of formal qualifications awarded in the former Soviet Union before 20 August 1991, issued or completed in the former Soviet Union, shall be deemed to have been issued by the EEA nationals. Certificates of qualification when a certificate is submitted to the competent authority of Estonia, Latvia or Lithuania,

1.

that this certificate of formal qualifications for the exercise of the profession of midwifery in the Estonian, Latvian or the same rights as the corresponding certificate listed in the Annex to Directive 80 /154/EEC shall be granted

2.

the person concerned is in fact and lawfully the profession of a midwife in Estonia, Latvia or Lithuania during the last five years prior to the date of issue of the certificate, or Lithuania.

(5d) Diplomas, certificates and other evidence of formal qualifications awarded in Yugoslavia before 25 June 1991, issued or completed before 25 June 1991, shall be considered as proof of qualification if the qualifications of the EEA nationals are not a certificate issued by the competent authority of Slovenia thereon;

1.

that this evidence of formal qualifications for the exercise of the profession of midwifery in the territory of Slovenia gives the same rights as the corresponding proof of competence listed in the Annex to Directive 80 /154/EEC, and

2.

the person concerned has effectively and lawfully exercised the profession of a midwife in Slovenia for at least three years during the last five years prior to the issue of the certificate.

(5e) Paragraph 5 does not apply to diplomas, certificates and other evidence of formal qualifications issued in Poland. The following EEA nationals issued diplomas, certificates and other evidence of formal qualifications awarded in Poland before 1 May 2004, and which do not comply with the minimum requirements of the Article 1 of Directive 80 /155/EEC shall be considered as proof of qualification if a certificate issued by the competent authority of Poland is submitted to the person concerned during the period referred to, that the profession of midwife in Poland was:

6. § 12 (6) reads:

"(6) EEA nationals who have been issued with a qualification certificate in accordance with paragraph 1 to 5e shall be admitted by the Austrian midwifery body upon request to practise as a midwife for the purposes of their professional practice."

(7) The following paragraph 3 is added to § 13:

' (3) (1) shall also apply to a certificate of successful completion of training as a midwife, which shall:

1.

has been acquired by a national of an EEA Contracting State or the Swiss Confederation in an EEA State Party or the Swiss Confederation, and

2.

shall not be considered as proof of qualification in accordance with § 12. "

8. In § 21 (1), after the word order "the EEA Agreement" the phrase "or the Swiss Confederation" inserted.

9. In Section 21 (4), the phrase "Austrian midwifery body" replaced by the phrase "Austrian Hebammengremium" ; further, after the word sequence "Agreement on the European Economic Area" the phrase "or the Swiss Confederation" inserted.

10. In § 22 (2), the word "are" by the word "is" replaced, and the word sequence is deleted "and the letter of entitlement to professional professional practice (§ 19)" .

11. § 62a reads:

" § 62a. (1) With 1 June 2002

1.

§ 13 in the version of the Federal Law BGBl. I No 92/2002, and

2.

§ 1 (2) and § 21 (1) and (4) in the version of the Federal Law BGBl. I No 70/2005

in force.

(2) With 1 May 2004, Section 12 (5b), 5c, 5d, 5e and 6 of the Federal Law of the Federal Republic of Germany shall be replaced by the Federal Law BGBl. I No 70/2005 in force. "

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