Subject Matter

1. This Regulation governs the conditions of professional practice in the healthcare sector. It applies to healthcare professionals who are independently or autonomously active in accordance with Art. 34 et seq. of the Health Act.

2. It determines which activities require obtaining a permit.

1. Authorizations for professional practice in the healthcare sector must be obtained from the Department of Health and Social Affairs.

2. The Department of Health and Social Affairs designates the internally responsible office or specialist department.

1. A professional practice license is required for

a) Pharmacists;

b) Physicians;

c) * ...

d) Chiropractors;

e) Dental Hygienists;

f) Druggists;

g) Occupational Therapists;

h) Nutritionists;

i) Midwives;

j) Alternative Practitioners;

k) Hearing Aid Acousticians;

kbis) * Complementary Therapists;

l) Speech Therapists;

m) Medical Masseurs and Masseuses;

mbis) * Optometrists;

n) Orthoptists;

o) Osteopaths;

p) Nursing Professionals;

q) Physiotherapists;

r) Podiatrists;

s) Psychologists;

sbis) * Psychotherapists;

ster) * Paramedics;

t) Veterinarians;

u) * ...

ubis) * Animal Physiotherapists;

v) Dentists.

2. The Department of Health and Social Affairs maintains a list of professions and activities not subject to the licensing requirement.

3. The professional practice license can only be granted to a natural person.

1. Anyone seeking to obtain a professional practice permit must submit the documents mentioned in Art. 36 para. 1 lit. a to lit. e of the Health Act to the Department of Health and Social Affairs. Documents not drafted in an official language must be accompanied by a certified translation.

2. The competent office or specialist department may also request additional documents.

1. Recognized identification documents include in particular

a) Federal diplomas;

b) Foreign diplomas equivalent to federal diplomas.

2. The Department of Health and Social Affairs may recognize additional identification documents.

1. An appeal against the refusal of a professional practice license can be lodged with the Department of Health and Social Affairs within 20 days.

1. Anyone who possesses a professional practice license may not engage in activities beyond those permitted by the license and may only possess and dispense medications related to their professional activities.

2. Conditions, such as those pertaining to further education, may be associated with the professional practice license.

1. A professional practice license shall expire if the professional activity is not commenced within six months of the license being granted. The same applies in the event of an interruption in activity for more than two years. In both cases, a new application for a professional practice license must be submitted to resume the activity.

1. Practice and business premises must conform to the respective current state of the art, particularly with regard to hygiene.

2. They are inspected at regular intervals by the Department of Health and Social Affairs.

1. Persons mentioned in Article 3, paragraph 1, letters b and v are required to provide for an emergency service.

1. Any person holding a professional practice authorization is entitled to be represented during a temporary inability to practice due to illness, vacation, military service, pregnancy, or other significant reasons.

2. Representatives must be individuals with comparable qualifications.

3. Responsibility remains with the person being represented.

4. Anyone who is to be represented for more than three consecutive months must notify the Department of Health and Social Affairs in advance, specifying the representative and submitting the relevant documentation.

1. Whoever holds a professional practice license is authorized to employ assistants.

2. Assistants are health professionals in training.

3. The employment of an assistant according to Art. 3 para. 1 lit. b, j, s, t, u, and v must be reported in advance to the Department of Health and Social Affairs with the submission of the corresponding documents. The termination of an employment relationship must be reported to the Department of Health and Social Affairs.

4. The responsibility lies with the person holding the license.

1. Health professionals working in group practices must be identified in a manner recognizable by third parties in announcements.

1. Article 13 does not apply to hospitals and sanatoriums.

1. Anyone commencing the practice as a non-medical practitioner after the enforcement of this regulation must provide evidence of having passed an examination. The scope of this examination is determined by rules issued by the Department of Health and Social Affairs.

2. Non-medical practitioners are authorized to professionally administer and dispense the medicines described in Art. 54 para. 2 lit. d of the Health Act to their patients; with special permission from the Department of Health and Social Affairs, non-medical practitioners are also authorized to produce or have produced certain medicines in their practice according to Art. 54 para. 2 lit. a of the Health Act.

3. They are entitled to send their patients medicinal products according to para. 2 for a maximum of one year after the last consultation in the practice, if this is necessary for the continuation of the prescribed therapy.

4. Mixtures of medicines must be recorded in the patient's file with their precise composition.

5. With regard to proprietary products, Art. 10 lit. c of the Ordinance to the Health Act is decisive.

6. Non-medical practitioners can be granted permission to use prescription-only medicines if they can demonstrate sufficient knowledge of the preparations.

7. Non-medical practitioners are permitted to perform only subcutaneous and intracutaneous injections. For this, they require permission from the Department of Health and Social Affairs. The permission is granted if the person in question can demonstrate proficiency in injection techniques and knowledge of asepsis.

8. In addition to the permission mentioned in para. 7, a special permit from the Department of Health and Social Affairs is required for the preparations to be injected.

1. Animal Heilpraktikers and Heilpraktikers are prohibited from

a) performing surgical and obstetric procedures,

b) treating notifiable diseases,

c) conducting blood withdrawals, injections, and other invasive measures or examinations,

d) issuing official expert reports, certificates, and attestations.

1. Anyone wishing to operate a pharmacy requires authorization from the Department of Health and Social Affairs.

2. The authorization is issued in the name of the responsible pharmacist.

3. The Department of Health and Social Affairs issues conditions regarding operational requirements.

4. Pharmacists without a federal diploma (HF) may continue to be authorized to dispense medications pursuant to Article 44(c) of the Medicinal Products Ordinance. Applications must be submitted to the Department of Health and Social Affairs.

5. In addition to the authorization under paragraph 1, the person technically responsible requires authorization to manufacture medicinal products in accordance with Article 5 paragraph 2(a) of the Medicinal Products Act; this authorization is granted by the Department of Health and Social Affairs.

6. The dispensing of Category D medicinal products is permitted in pharmacies; with special authorization from the Department of Health and Social Affairs, the dispensing of all non-prescription medicinal products may be allowed.

1. Anyone wishing to operate a public pharmacy must obtain a permit from the Department of Health and Social Affairs.

2. The permit is issued to the responsible pharmacist.

3. The Department of Health and Social Affairs stipulates the conditions regarding the operational requirements.

4. In addition to the permit as per para. 1, the person technically responsible requires a permit to manufacture medicinal products in accordance with Art. 5 para. 2 lit. a of the Pharmaceuticals Act; this permit is issued by the Department of Health and Social Affairs.

1. Anyone who wishes to operate a private pharmacy requires a license from the Department of Health and Social Affairs.

2. The license is issued in the name of the responsible physician.

3. The Department of Health and Social Affairs establishes the conditions regarding the operational requirements.

1. Anyone applying for a permit is required to pay a fee.

2. The amount of the fee is determined by the Act on Fees in Administrative Matters.

1. Permits granted before the entry into force of this regulation remain valid. Article 8, sentence 2 of this regulation also continues to apply to these permits.

2. Permits obtained prior to the entry into force of this regulation for the operation of a drugstore, a public or private pharmacy according to Articles 17, 18, and 19 shall retain their validity.

3. With regard to the requirements for each operation, the new provisions apply; the person responsible must submit a corresponding application to the Department of Health and Social Affairs within six months after the entry into force of this regulation.

1. Anyone who wishes to continue practicing a profession that has newly become subject to a licensing requirement must apply for a license from the Department of Health and Social Affairs within six months of the enactment of this ordinance.

2. The Department of Health and Social Affairs may grant the license in cases of long-standing and satisfactory professional practice, even if the training does not conform to the regulations of this ordinance.

1. The regulation shall enter into force on January 1, 2008.