Functional or graduated social care 'BB', personal assistance, early orthoptical intervention and peer-consulting service – notification of professionalism

General information

In Upper Austria, professional activity in the following social professions

  • Social assistance with main area of training in the field of accompanying people with disabilities
  • Personal assistance
  • Early support and visual early support and
  • Peer consultancy

should be notified to authorities before the exercising of the profession.

The exercising of the profession in the framework of an employment relationship according to one of the authorised institutions based on federal and regional legal provisions about service provision in this field does not require notification.

The exercising of the profession in

  • The field of social assistance with the main area of training in services for elderly people, in services for people with disabilities, and in family services, can only be carried about in the framework of an employment relationship of a natural and legal person according to § 90 of the Gesundheits- und Krankenpflegegesetz (Austrian Health and Health Care Act) (for example: health institution, institution for people with disabilities, residential and nursing home for elderly people, home care, freelance doctor) – if there is no authorisation to exercise the profession as freelancer of the Austrian High Service for Health and Health Care (Gehobener Dienst für Gesundheits- und Krankenpflege) (link to the Federal Government).
  • If there is no authorisation for exercising the profession in the field of home care by the Austrian High Service for Health and Health Care (Gehobener Dienst für Gesundheits- und Krankenpflege) (link to the Federal Government), this profession can also be exercised only in the framework of an employment relationship.

Requirements

The authority shall deny the exercising of the profession in the job descriptions of Professional Graduate in Social Assistance “BB”, Personal Assistance, (Visual) early support and peer consultancy, if the conditions according to § 4 O0. SBG are not met. These requirements include:

  • Personal and medical fitness and reliability,
  • Knowledge of the German language at a level required for the exercising of the profession.

A person is deemed to be not reliable if

  • He/she was legally condemned because of a judicially punishable act of at least gross negligence committed in direct connection with social or socio-pedagogical assistance to pay a fine or to imprisonment, as long as the sentence has not been abrogated;
  • He/she was legally condemned because of one or more judicially punishable act(s) committed intentionally to imprisonment of more than one year, as long as the sentence has not been abrogated, and if according to the characteristic of the punishable act and on the basis of the personality of the condemned person there is a risk of the person committing the same or a similar punishable act again during the exercising of the profession or
  • Based on certain facts, it can be assumed that because of his/her disposition the welfare of the assisted people will be at risk because of behaviour contrary to the social principles.

The notification shall take place at the competent authority because the commencement of the activity.

Responsible department

Forms

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