News – New regulation found after the CAMbrella deliveries:
No new regulation found.
Notice! All text below is copied from the CAMbrella report – delivered Dec 31, 2012
In this summary, you will find:
- Direct links to the legislation of specific CAM therapies in Austria
- The legal and regulatory status of CAM and CAM practices in Austria
- The governmental supervision of CAM practices in Austria
- The reimbursement status of CAM practices and medicinal products in Austria
Go directly to legislation of specific CAM therapies in Austria:
Acupuncture – Anthroposophic medicine – Ayurveda – Chiropractic – Herbal medicine/Phytotherapy – Homeopathy – Massage – Naprapathy – Naturopathy – Neural therapy – Osteopathy – Traditional Chinese Medicine (TCM) – Other treatments
The legal and regulatory status of CAM and CAM practices
We have found no specific CAM regulations in Austria. Physicians are, however, implicitly permitted to use alternative treatments (21).
The Bundesgesetz über die Gesundheit Österreich GmbH (GÖGG) (the Health Care Act Austria) (22) managed by Österreichisches Bundesinstitut für Gesundheitswesen (ÖBIIG) regulates the basic health system in Austria (22).
The Ärztegesetz BGBl, I Nr. 169/1998 (Law on physicians)(3) regulates the profession of
medical doctors in Austria. The Physiotherapy Act regulates physiotherapy and occupational therapists BGB1. Nr. 460/1992 (23). Different medical massage professions are regulated by the BGBl. I Nr. 169/2002 (24). Midwives are subject to the “Hebammengesetz” BGB1. Nr. 310/1994 (25).
Medical practise is limited to medical doctors. The “Ärztegesetz”(Federal Medical Law) states that practicing as a medical doctor includes every task based on medical-scientific knowledge that is performed directly on a person or for the person (25). All doctors are mandatory members of a medical chamber in their respective province (Landesärztekammer) who jointly constitute the Austrian Medical Chamber (Österreichische Ärztekammer) (26). The “Österreichische Ärztekammer” manages the mandatory list of medical doctors (27).The Federal Medical Law states in section 1.2; “Only legally qualified and authorized professionals are allowed to practise medicine” (28). Medicine is defined in the Ärztegesetz as: “All activities based on medico-scientific knowledge carried out directly or indirectly on human beings” – “performed for the purposes of diagnosis, treatment, and prophylaxis” (§2,Ärztegesetz).
Many physicians in Austria have a diploma of at least one form of CAM. The training in CAM methods is located in the different scientific/medical CAM societies, which specialize in one of the CAM traditions, like homeopathy (Österreichische Gesellschaft für Homöopathische Medizin-ÖGHM), anthroposophic medicine (Gesellschaft für Anthroposophische Medizin in Österreich- GAMÖ) and others. CAM training courses require certain standards to be achieved before awarding an “Ärztekammerdiplom”. The diplomas are awarded by the Austrian Medical Board. The most common methods are acupuncture, anthroposophic medicine chiropractic manipulation, homeopathy, neural therapy and traditional Chinese medicine (29).
“A fundamental question is if the term “treatment” (“Heilverfahren”) is subject to legal reglementation. An explicit legal norm for treatment, in particular regarding osteopathy does not exist in Austria. Who and with which methods and concepts is permitted to “heal” respectively perform treatments on patients, can be gathered from the respective medical fields” (25).
Medical acts that are not provided by authorized health professionals, such as midwives,
medical-technical assistants, and nurses, are reserved for physicians (Ärztegesetz (Law on
Physicians) of 1984 (173,174) (28).
According to the Law on Health Services, only scientifically recognized medical care can be provided in hospitals. Acupuncture, neuraltherapy, and chiropractic are recognized, but not homeopathy (22).
The governmental supervision of CAM Practices
The ‘Gesundheitsreformgesetz’ (health care reform act) BGBL I No. 179/2004 regulates
health quality in Austria (30).
The ‘Bundesinstitut für Qualität im Gesundheitswesen (BIQG)’ (The Federal Institute for
Quality in the Health Care System (BIQG)) manages health quality coordination (31, 32).
BIQG is a unit of ‘Gesundheit Österreich GmbH’ (32). The legal basis for BIQG is ‘Das
Gesundheitsqualitätsgesetz (GQG)’ (The Health Quality Act)(30) and the ‘Gesetz über die
Gesundheit Österreich GmbH (GÖGG)’ (The Health Care Act Austria)(31).
“These actors include social security institutions, federal ministries, provinces, professional societies, chambers and professional representations, patient advocacies and patient support groups” (32). “The Austrian Society of Medical Quality Assurance and Quality Management LLC (ÖQMED), which is fully owned by the Austrian Medical Chamber, periodically publishes a Medical Quality Report in which the results of its evaluation of physician’s practices are given” (32).
Austrian doctors are answerable to courts of law and to their competent local disciplinary commission, which acts under the supervision of the disciplinary council of the Austrian Medical Chamber (26). Article 136 of the Austrian Ärztegesetz (Act on the medical profession) regulates breach of discipline (Disziplinarvergehen)(27). In the same way physiotherapy is regulated by article 33 “Strafbestimmungen in MTDGesetz” (23) and massage professions by article 78 “Strafbestimmungen in MMhm-Gesetz” (23).
The Criminal law; BGBl Nr. 60/1974 (33) draws the boundaries for appropriate conduct by medical professionals (26) (§ 80 and §110 in special)(33). Unskilled persons who practise medical acts or activities reserved for physicians, risk a fine or imprisonment of up to three months (Article 184 of the Penal Code). The court is tolerant, and the law is enforced only on practitioners that use methods with no scientific support (28).
The reimbursement status of CAM practices and medicinal products
For acupuncture a small reimbursement is provided by the social security services, if the
indication is pain.
All other possible acupuncture indications are not reimbursed. Costs for CAM treatments in general are not reimbursed by social security services, but in special cases this is negotiable (cancer patients, children). Patients have to consider that themselves and negotiate reimbursements on their own initiative. Private insurance companies offer packages that include CAM.