2. Covid-19 Act: Amendments to health law (life sciences)

1.
Health law: Mobilising resources in the event of a pandemic

Various legal provisions are adapted in order to mobilise additional personnel and other resources in the event of a pandemic. This concerns in particular the following measures for the duration of the pandemic:

Act on the Medical Profession 1988:

  • Scientific institutions, especially veterinary institutions, may carry out laboratory diagnostic examinations for humans (such activities are usually reserved to medical doctors).
  • Retired medical doctors, foreign medical doctors and medical residents (Turnusärzte) may carry out medical activities in cooperation with general practitioners or specialists authorised to practise their profession independently in Austria. However, such activities must be reported to the Austrian Medical Chamber (Österreichische Ärztekammer) in advance.

Paramedics Act:

  • Paramedics may themselves perform the smear test from the nose and throat for diagnostic purposes.
  • The legally prescribed mandatory requirement for continuing training / recertification is relaxed.

Health and Nursing Act:

  • Persons who are generally not entitled to perform nursing services may assist with basic nursing care.
  • Persons who have acquired a qualification in health care and nursing but who are not (yet) registered in the Register of Health Professionals (Gesundheitsberuferegister) may, under certain conditions, perform activities in the more advanced level (gehobener Dienst) of health care and nursing.
  • Persons who are not fully trained may be used for activities in the care assistant professions (Pflegeassistenzberufe) under certain conditions.

Federal Act on the Regulation of Higher Medical-technical Services:

  • Persons who have not yet completed their training or are not registered in the Register of Health Professionals (Gesundheitsberuferegister) may be used to work in a higher medical-technical service (MTD).
  • Persons authorised to perform the medical-technical laboratory service may also carry out the laboratory methods arising in connection with the pandemic without a medical doctor's order.
  • In addition, graduates of a science or veterinary medicine degree programme may be used for these activities.

Federal Act on Hospitals and Sanatoriums:

  • Medical care institutions for persons suffering from COVID-19 are not considered hospitals and therefore do not have to meet the strict legal requirements for hospitals.

2.
Medical Devices Act

The Federal Minister of Social Affairs, Health Care and Consumer Protection is authorised, in crisis situations (e.g. pandemic), for a transitional period of up to a maximum of six months to

  • enact deviating regulations for individual sections of the Medical Devices Act, and
  • prescribe regulations on supply and provision obligations for manufacturers, authorised representatives and supply points (Abgabestellen) for medical devices.
     

However, this authorisation only applies within narrow limits, i.e. if the essential supply of the population would otherwise be seriously and substantially endangered. Furthermore, these crisis measures may only be maintained provided this is necessary due to the special situation (and provided that the protection of the life and health of humans and animals is ensured).

3.
Pharmacy Law

In the event of a crisis, the locally competent district administrative authority is authorised to issue a deviating regulation - for a limited period of time - on the operating hours and emergency preparedness of pharmacies by ordinance or also on application.

 

 

Please note: This newsletter merely provides general information and does not constitute legal advice of any kind from Binder Grösswang Rechtsanwälte GmbH. The newsletter cannot replace individual legal consultation. Binder Grösswang Rechtsanwälte GmbH assumes no liability whatsoever for the content and correctness of the newsletter.





Loading...