The key points on compulsory vaccination

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The federal government on Sunday presented the final draft of the general vaccination obligation planned to take effect in February 2022. Compulsory vaccination is to apply to all persons residing in Austria aged 18 or older. Exceptions are planned for pregnant women and those who cannot be vaccinated for health reasons, as well as for convalescents (for 180 days). The penalty range is from 600 to 3,600 euros, and checks will be carried out from mid-March.

Each person may be fined a maximum of four times. The law was designed to be as flexible as possible and can be adjusted and even suspended by decree. A control commission monitors the implementation of the vaccination obligation. The National Council is expected to pass its resolution on Thursday.

The following is an overview of the key points of the planned general vaccination obligation.

AFFECTED

All persons over the age of 18 who have their main or secondary residence in Austria are affected by the vaccination obligation. They must have a vaccination status that includes all vaccinations that the Minister of Health determines by decree (on the recommendation of the National Vaccination Board). Currently, this would include both the first and second vaccinations, as well as the additional vaccinations (“boosters”). The interval between immunizations must also be established by regulation.

EXCEPTIONS

In addition to children and adolescents under the age of 18, pregnant women (for the duration of pregnancy) and persons for whom vaccination is not possible for medical reasons are exempt from the vaccination requirement. These can be allergies, organ transplants, stem cell transplants or autoimmune diseases. However, an exemption reason is not limited to physical health. In individual extreme cases, an exception may be made in the case of an anxiety disorder that poses a threat to life or health.

Appropriate outpatient clinics of hospitals, public health officers and epidemiologists may issue such a decision, and not, as originally planned, general practitioners and psychiatrists.

The reason for the exception must be confirmed by a medical certificate. In the case of pregnant women and persons who cannot be vaccinated for health reasons, the doctor must enter the reason for exemption in the central vaccination register. The exemption is valid until the end of the following month after the reason for exemption ceases to apply.

Exemptions are also available for convalescents – for 180 days from the date of the positive test. Recovered persons can prove their reason for exemption with a certificate of recovery or a certificate of recovery. However, the convalescent is not required to be entered into the Central Immunization Registry.

PROCEDURE

Compulsory vaccination will be introduced in three phases. Beginning in early February, each household will be notified in writing of the measure. From March 16, compulsory vaccination becomes a control offense. The controls will take place everywhere, such as in road traffic. If someone is caught not being vaccinated, they will face charges from that point on.

If it is epidemiologically necessary, the third phase comes into effect after a certain time. Then unvaccinated people will be assigned a vaccination date, if they do not keep it, they will be issued automated vaccination penalty notices (after reminder).

PENALTIES

Those who do not have a vaccination status when inspected will be subject to penalties. In the case of an “ordinary procedure,” the penalty is up to 3,600 euros. Alternatively, a so-called “abbreviated procedure” can be carried out. Here, penalties of up to 600 euros are provided for. If this amount is then not paid or an appeal is lodged against the penalty order, ordinary proceedings are initiated in any case. Each person may be fined a maximum of four times.

According to the Ministry of Health, if you receive a penalty order, you can still avoid the penalty by vaccinating after all – as long as the proceedings are still ongoing. In the context of a so-called “active repentance” one can vaccinate oneself out of the punishment. There are also penalties for doctors who issue a false exceptional certificate – up to 7,200 euros.

It is expressly clarified in the law in that the vaccination may not be enforced with immediate coercion. There will be no imprisonment and no bending penalties.

DUTY DURATION

According to the law, the obligation to vaccinate will expire on January 31, 2024.