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The article "Legal Innovations" provides information on various changes in the field of medical law and professional law. In medical law, changes have been made to the Narcotic Drug Quantity Regulation and the Psychotropic Substance Quantity Regulation. In professional law, changes have been made to the Occupational Diseases Modernization Act, the Health Reform Measures Financing Act, the Dental Practitioners Act Amendment 2023, and the Nursing Act Amendment 2023. Other changes concern the collective agreement of the Vorarlberg Social and Health Care Sector, the OTA-AV Amendment 2024, the Physicians Act 1998, the Federal Act on Hospitals and Health Resorts, the Pharmacopoeia, the Medical Device Reporting Regulation 2024, and the Health Target Control Act. Changes have also been made to the Pharmacy Act, the Pharmacy Chamber Act 2001, and the Salary Fund Act 2002, which aim to improve pharmaceutical supply. Pharmacies are now also allowed to conduct health tests and operate dispensing points in areas without their own pharmacies. [Extracted from the article]

The article "Legal Innovations" in the Journal for Medical and Health Law reports on various legislative changes in the field of healthcare in Austria. Changes in professional law, medical products, social law, and sanitary law are presented. Among other things, new framework conditions for the competencies and qualification certificates of healthcare and nursing professionals are created, an apprenticeship for nursing assistance and nursing specialist assistance is introduced, and a federal law on the establishment of a federal crisis camp for the healthcare sector is enacted. Further changes concern the pharmacy and pharmaceutical law, primary care law, and the parent-child passport law. [Extracted from the article]

The article provides information on various legal innovations in social and labor law, as well as in COVID-19 and health law in Austria. Changes in various laws and regulations are listed, such as the General Social Security Act, the War Victims' Compensation Act, and the Federal Care Allowance Act. In COVID-19 and health law, extensions of provisions for the provision of antigen tests, vaccination against SARS-CoV-2, and the implementation of screening programs are mentioned. There are also changes in the field of health law, professional law, and medical products. Vietnam has withdrawn reservations to international agreements, and Greece has ratified the Convention on the International Protection of Adults. There is a revision of the International Private Law in the field of adult representation. [Extracted from the article]

The article deals with the tension between the duty of confidentiality of medical institutions and practitioners on one hand, and the right to information of the legal guardians on the other hand, in the treatment of minors. It is pointed out that the duty of confidentiality towards legal representatives of incapacitated minors may be breached and must be breached due to obligations to provide information. Capable minors have the right to keep sensitive information confidential, while legal guardians have the right to determine the whereabouts of minors, unless this contradicts the best interests of the child. Practitioners must inform the legal guardians of the whereabouts of minors and breach their duty of confidentiality in this case. [Extracted from the article]

The article "LVwG Tirol: Unauthorized practice of healthcare and nursing" deals with administrative offenses related to the exercise of the advanced service for healthcare and nursing. It is stated that an administrative offense occurs when someone carries out this activity without recognition of their foreign acquired education or when someone employs someone for this activity without recognition of their foreign acquired education. It is also pointed out that an administrative offense occurs when the reservation of operation form according to the ÄrzteG (Physicians Act) is violated. The decision of the LVwG Tirol from March 17, 2022 refers to the administrative offenses committed by the complainant and the complainant. The fines imposed on the complainants were considered appropriate to their guilt and the decision has a general preventive effect. [Extracted from the article]

The article deals with the sanctioning of professional misconduct in non-medical healthcare professions. Similarities and differences in the sanctioning system are highlighted, problems are identified, and suggestions for improvement are made. The professional duties are presented in a table, and it is pointed out that behavioral norms are reinforced by sanctioning norms in order to protect the rights of patients. It is also noted that simultaneous criminal liability cannot be disregarded. The article addresses the sanctioning of professional misconduct in the healthcare sector. It is pointed out that unauthorized medical treatments, violations of disclosure obligations, lack of expert assistance, violations of documentation obligations, violations of confidentiality obligations, violations of disclosure obligations, violations of reporting obligations, violations of the obligation to personally and directly practice the profession, violations of the obligation to report the professional address, violations of advertising restrictions, and the hygienic condition of the professional address can be sanctioned differently. It is noted that professional liability is structured differently in different professions. The article discusses the differences in the sanctioning of professional misconduct in the professional laws for medical-technical services (MTD-G), midwives (HebG), and healthcare and nursing professionals (GuKG) in Austria. While almost all professional misconduct is criminally sanctioned in MTD-G and HebG, this is the exception in GuKG. It is argued that there is no rational justification for these differences and that harmonization of the sanctioning is politically necessary. It is suggested to include certain professional misconduct, such as violations of the prohibition of discrimination and the obligation for further education, in the criminal offenses of GuKG. Furthermore, the importance of reporting obligations for healthcare professions in violence prevention is emphasized, and corresponding sanctions for violations of this obligation are recommended. [Extracted from the article]

The Journal for Medical and Health Law (JMG) presents interesting articles on the topic of health and medical law in its second issue of the year. One focus is on the decision of the Supreme Court regarding "wrongful birth" and "wrongful conception". Other articles address topics such as the recognition of foreign degrees in the healthcare sector, the recruitment of nursing staff from third countries, and the assumption of costs by the Austrian Integration Fund. In addition, the journal offers contributions on various legal aspects in the medical field. One article deals with the health function of forests. [Extracted from the article]

The article "Legal Innovations" in the Journal for Medical and Health Law summarizes various legislative changes in the period from July 1 to August 31, 2022. Changes in the Health Target Control Act, the Drug Tax, the Cost Reimbursement for the Umbrella Organization of Social Insurance Institutions, and the Federal Care Allowance Act are mentioned. In connection with COVID-19, regulations on the dispensing of drugs and vaccines, as well as school organizational measures to prevent the spread of the virus, are implemented. Decisions of the Constitutional Court regarding the COVID-19 Protection Measures Ordinance and the COVID-19 Emergency Measures Ordinance are also mentioned. Furthermore, changes related to notifiable diseases, the COVID-19 Fund, the isolation of the sick and suspected cases, the entry regulation, recommended vaccinations, and the Health Telematics Act are described. [Extracted from the article]

In the editorial of the Journal for Medical and Health Law (JMG), reference is made to the upcoming regional, national, and European elections, which also have implications for the healthcare system. It is mentioned that the Austrian healthcare reform still requires many steps. Two articles in this issue address changes in pharmacy law and the benefits of the new electronic parent-child pass. Another article deals with the Supreme Court's case law on claims for damages in cases of unintended pregnancy despite the use of a spiral contraceptive. It also highlights the legal entitlement to an advance healthcare directive and other less dramatic topics in health law. [Extracted from the article]

The article offers information on Austrian legal situation regarding the SARS-CoV-2 pandemic. Topics discusses include segregation and traffic restrictions and legal protection against te pandemic; legal instruments for containing infectious diseases regulated by the Epidemic Act 1950; and critical care health and key personnel and management of contact persons diverges according to category such as isolation, traffic restriction, self-monitoring and registration.

The editorial of the Journal for Medical and Health Law (JMG) refers to various crises in the year 2023, including the Corona pandemic, Russia's attack on Ukraine, and the climate crisis. It also addresses the "personnel crisis" in the healthcare sector and discusses solutions such as the implementation of nursing education. Other topics of the editorial include decision-making capacity in mental illnesses, professional legal issues of first responders and medical disciplinary law, liability of medical device manufacturers and authorities, as well as the temporary employment directive in outsourced hospitals. Recommendations are also given for ethically responsible medical practice in the use of artificial intelligence and the efficiency of the Austrian healthcare system compared internationally. The editorial also includes glosses on various court decisions regarding topics such as the discriminatory exclusion from participating in an entrance examination for military doctors, the social security number as health data, the requirements for medical expert opinions, the limits of freedom of speech in relation to a doctor's statement, as well as loss of earnings under the Crime Victims Compensation Act and the right to a decision within reasonable time limits in proceedings for granting a pharmacy concession. The editorial concludes with Christmas and New Year's greetings from the editorial board. [Extracted from the article]

The article focuses on liability in relation to surgical robots. It mentions surgical robots is the cause of death in cases on the technique or the intervention and basically a costly treatment method acts whose justification is lower evidence seems questionable. It also mentions liability regime failure and therefore no adequate risk allocation through artificial intelligence with features assistant liability and strict liability.

The second issue of the Journal for Medical and Health Law in the year 2023 contains a mixture of current topics. It addresses, among other things, the reform of nursing and health insurance, cross-border treatments, and questions of product liability. It also discusses topics such as the collaboration between medical and non-medical health professions, the basis for consent in cross-border medical treatments, and the protective effects of nursing home contracts. Another focus is the introduction of e-prescriptions and the legal regulation of triage in Germany. The issue offers a variety of interesting articles for readers. [Extracted from the article]

The article criticizes a change in the University of Applied Sciences Act that makes it more difficult for qualified health and nursing professionals to upgrade to a bachelor's degree. According to the amendment, students who have obtained their professional qualification as qualified health and nursing professionals through a qualification according to the GuK-AV must complete at least 90 ECTS credits to obtain the academic degree of "Bachelor". Specializations and further education courses cannot be credited either. The article discusses the recognition of professional qualifications for qualified health and nursing professionals and suggests creating a special regulation to obtain the bachelor's degree. However, this regulation should be temporary. [Extracted from the article]

The fourth and final issue of the Journal for Medical and Health Law in the year 2022 contains an up-to-date overview article on the amendment of the Detention Act (Toyooka). Other articles deal with the mandatory vaccination against the Corona virus, assisted suicide in prison, and changes to pharmaceutical law due to EU legal developments. Topics such as patient rights and patient safety, telemedicine as telework, and the shortage of personnel in the healthcare sector are also addressed. The issue also provides information on current literature and wishes the readers a Merry Christmas and a Happy New Year 2023. [Extracted from the article]