Social care professions – recognition of professional qualifications See explanation of the designation of:

This procedure applies to the following social care professions:

·        home care worker (including basic care support tasks);

·        certified social care worker (including nursing care assistance), with a focus on working with elderly people and/or people with disabilities;

·        certified social care worker (including basic care support tasks), with a focus on caring for people with disabilities;

·        qualified social care worker (including nursing care assistance), with a focus on working with elderly people and/or families and/or people with disabilities;

·        qualified social care worker (including basic care support tasks), with a focus on caring for people with disabilities.

Upon application by a person who intends to practise a social care profession under a professional title pursuant to the Tyrolean Social Care Professions Act (Tiroler Sozialbetreuungsberufegesetz – TSBBG) in Tyrol, the Tyrolean Provincial Government is required to recognise training successfully completed in an EU/EEA Member State, Switzerland or a state treated as equivalent thereto under treaties within the framework of European integration as being equivalent to training under the TSBBG, either alone or in conjunction with professional experience, under certain conditions. If the field of activity of the social care profession applied for also includes tasks involving nursing care that require authorisation to provide nursing care assistance pursuant to the Healthcare and Nursing Care Act (Gesundheits- und Krankenpflegegesetz – GuKG), and if that authorisation has not yet been obtained, the application must be submitted to the Governor of Tyrol at the same time as an application for recognition or nostrification under the GuKG.

1)                Application to the Tyrolean Provincial Government – Health Law and Medical Establishments Department [Abteilung Gesundheitsrecht und Krankenanstalten]

2)                 

·        This training is a prerequisite for exercising the profession in question in an EU/EEA Member State, Switzerland or a state treated as equivalent thereto under treaties within the framework of European integration; OR

·        this training is regulated in an EU/EEA Member State, Switzerland or a state treated as equivalent thereto under treaties within the framework of European integration (Article 3(1)(e) of Directive 2005/36/EC); OR

·        this training is considered equivalent (Article 12 of Directive 2005/36/EC); OR

·        if the aforementioned requirements are not met: the professional practice of the intended social care profession in an EU/EEA Member State, Switzerland or a state treated as equivalent thereto under treaties within the framework of European integration for at least 1 year on a full-time basis (proportionally longer in the case of part-time employment) in the 10 years preceding the date of application, if that activity may also be practised without a specific professional qualification under its law AND training was successfully completed for the practice of that activity and corresponds at least to the level pursuant to Article 11(a) of Directive 2005/36/EC.

·        The training must have been completed mainly in one or more of the abovementioned states. This does not apply if the activity in question was practised on a full-time basis for at least 3 years or, in the case of part-time employment, for a proportionally longer period, in one of the aforementioned states on the basis of training recognised by the latter and completed in a third country. The practice of the activity must be proven by a certificate issued by the state in question.

3)                For applications for recognition of a social care profession that includes nursing care assistance: an application for recognition of evidence of a qualification in nursing care assistance or an application for nostrification of foreign training must be submitted to the Governor – Health Law and Medical Care Establishments Department – at the same time, unless the applicant already has such entitlement to practise the profession, or recognition or nostrification in relation to nursing care assistance has already been granted to the applicant.

NB: the application form (see item entitled ‘Form’) for the social care professions also includes the application for recognition or nostrification in relation to nursing care assistance, so it is not necessary to fill out a separate form.

There are no specific deadlines.

The profession may not be practised under the professional title until it has been recognised in a legally definitive manner and any adaptation period / aptitude test prescribed has been completed.

Processing time

The authority must confirm receipt of the application to the applicant without delay, and in all cases within 1 month. If the evidence required has not been provided or is incomplete, a request to remedy deficiencies as provided for in Section 13(3) of the General Administrative Procedure Act (Allgemeines Verwaltungsverfahrensgesetz – AVG) must be issued within the same period.

The authority must decide on the application for recognition without undue delay, but at the latest within 4 months of receiving the complete documents.

1) A written application for recognition, together with all the required documents, must be submitted to the Health Law and Medical Care Establishments Department.

2) Once the documents have been submitted in full, they are forwarded to the competent expert for the purpose of preparing an expert opinion, in which the equivalence of the training is examined.

3) The applicant is usually invited to an orientation discussion with the expert in the course of the preparation of the expert opinion.

4) If the training is deemed not to be equivalent, an adaptation period / aptitude test may be prescribed. In this case, the expert opinion is sent to the applicant before the decision is issued, for the purpose of hearing the applicant’s point of view.

5) The decision will be issued (after, where relevant, the deadline for hearing the parties has expired or a statement of observations has been received) on the basis of the investigative procedure, in which the expert opinion plays a key role.

6) In the event that the decision imposes conditions precedent: the completion/passing of the adaptation period(s) / aptitude test(s) prescribed in the decision must be confirmed in the notification of recognition by means of a stamp of the provincial government. It is only once that entry has been made that the recognition procedure is completed and entitlement to use the professional title is conferred.

NB: if the completion of an adaptation period / the passing of an aptitude test was prescribed in the recognition, this must be done within 4 years of the training being recognised. If that deadline is not met, the recognition must be declared to be no longer valid.

All documents must be submitted as originals or as copies – together with a translation by a court-certified translator – after an appointment has been arranged in advance:

1) proof of citizenship / passport;

2) residence registration certificate or confirmation of residence as proof of a place of residence, or proof of a person authorised to use their address as an address for service in Austria on behalf of the applicant; other proof with regard to the intended place of residence, place of employment or place of professional activity;

3) documents showing that the training completed abroad is equivalent in content and scope to the corresponding Austrian training; in particular, a detailed curriculum showing the duration of the training and the teaching hours allotted to the individual subjects, in individual and total hours, broken down into theory and practice; proof of training and work placement;

4) certificate (e.g. diploma), attestations of graduation and all end-of-year reports, as well as any other proof of training;

5) any evidence of professional experience acquired, e.g. employment certificates stating the type and duration of relevant professional activity; any evidence of lifelong learning;

6) marriage certificate or corresponding proof if the applicant has changed their name.

Note regarding certified/qualified social care workers whose field of activity includes nursing care assistance: additional documents are required in these cases.

Type and format of evidence to be provided

The documents (copies) may be submitted electronically. More information regarding legally valid submissions can be found at Bekanntmachungen zum rechtswirksamen Einbringen und dessen technischen Voraussetzungen (Notices on legally valid submissions and technical requirements).

According to the Fees Act (Gebührengesetz) 1957::

For the application:

1) without nursing care assistance: EUR 47.30

2) with nursing care assistance: EUR 94.60

For the annexes:

EUR 3.90 per sheet, but not more than EUR 21.80 per annex

For the decision:

From the first sheet: 1) without nursing care assistance: EUR 83.60; 2) with nursing care assistance EUR 167.20

For each additional sheet of the decision: EUR 13.00

Reduced fees if the application is submitted electronically using a Citizen Card (Bürgerkarte): Submission fee: EUR 28.40; annexes: EUR 2.30, max. EUR 13.10

According to the Provincial Administrative Charges Regulation (Landes-Verwaltungsabgabenverordnung) 2007:

Recognition: EUR 40.00

According to the 1983 Federal Administrative Charges Regulation (Bundesverwaltungsabgabenverordnung) 1983 (concerns certified/qualified social care workers, including nursing care assistance):

Federal administrative charge: EUR 6.50

The charges incurred can be paid electronically by bank transfer once the decision has been sent.

• Tyrolean state government, Abteilung Gesundheitsrecht und Krankenanstalten

Application form for social care professions

https://www.tirol.gv.at/fileadmin/themen/gesundheit-vorsorge/krankenanstalten/downloads/Gesundheitsrecht/Gesundh-_u_Sozialbetreuungsberufsr_logo_neu/6Sozialbetreuungsberufe/6_2020_tsbbg_para_44antrag_anerkennung.pdf

The application does not have to be signed electronically – using a mobile phone signature (Handy-Signatur) or E-ID – or by hand. In the event of doubt as to identity or authenticity, the authority may require evidence to be produced.

Tiroler Sozialbetreuungsberufegesetz (Tyrolean Social Care Professions Act)

Tiroler EU-Berufsangelegenheiten-Gesetz (Tyrolean EU Professional Matters Act)

Verordnung der Landesregierung vom 15. August 2016, mit der für bestimmte landesgesetzlich geregelte Berufe nähere Vorschriften über den Anpassungslehrgang und die Ergänzungs- bzw. Eignungsprüfung nach dem Tiroler EU-Berufsqualifikationen-Anerkennungsgesetz erlassen werden (Regulation of the Provincial Government of 15 August 2016 adopting more detailed provisions on the adaptation period and the supplementary or aptitude test, pursuant to the Tyrolean EU Professional Qualifications Recognition Act, for certain professions regulated by provincial law )

Bundesverwaltungsabgabenverordnung 1983 (Federal Administrative Charges Regulation 1983)

Allgemeines Verwaltungsverfahrensgesetz 1991 (General Administrative Procedure Act 1991)

Gebührengesetz 1957 (Fees Act 1957)

Landes-Verwaltungsabgabenverordnung

2007 (Provincial Administrative Charges Ordinance 2007)

Appeals against the decision notice may be lodged before the Regional Administrative Court. The appeal must specify the contested decision and the authority that issued it. It must contain a request and set out the grounds on which the allegation of illegality is based. The appeal must be submitted in writing to the authority that issued the decision within 4 weeks of notification of this decision, and must contain information that makes it possible to assess its timeliness. The authority may issue a preliminary appeal decision. The appeal may be filed electronically: Beschwerde im Verwaltungsverfahren (Appeals in administrative proceedings).

If the administrative authority fails to make a decision within 4 months, you have the option of filing a complaint before the Regional Administrative Court regarding the delay. This must be filed with the defaulting authority. The complaint must specify that authority, set out a specific request and demonstrate that the authority’s time limit for making a decision has expired.

National Advice Centre for Vocational Qualifications (Nationales Beratungszentrum für Berufsqualifikationen)

Federal Minister of Labour and Economy (Bundesministerium für Arbeit und Wirtschaft)

Mag. Irene Linke

Stubenring 1, 1010 Wien

Phone: +43 1 71100-805446

E-Mail: irene.linke@oesterreich.gv.at