How are medical exemptions from the COVID-19 vaccine mandate handled?

Update 22.01.2022:

Wordings below changed to reflect passage through parliament and removal of provisions regarding 14-17 year olds.

Austria is introducing compulsory COVID-19 vaccination for residents aged 18 and over from 1 February 2022. The legislation (Covid-19 Impfpflichtgetz) waspassed by the Nationalrat (parliament) in mid-January 2022.

From the consultation draft of the Covid-19 Impfpflichtgesetz, Article 3 of the draft act contains information about the exemptions on medical grounds. From a quick read of this act:

  • Exemptions on medical grounds are done by means of a written confirmation by a doctor, defined as being possible from a general practitioner, or practices of general practitioners, a specialist in internal medicine, psychiatry, dermatology or STIs, gynacology or paediatrician.
  • Where done through a GP, such confirmations are required to be submitted to the centralised vaccinations register. An exemption from the obligation to be vaccinated will be entered only as “Ausnahme COVID-19-Impfung” (“COVID-19 vaccination exemption”) including the date until when the exemption is valid.
  • The law covers the cases of “Genesen” (recovered) for a period of 180 days after this status is obtained. Regarding those exempted from vaccination due to the threat to general healthSozialministerium The Austrian Ministry of Social Affairs, Health, Care and Consumer Protection is responsible for the following fields: The health care system Initiatives for people with disabilities Consumer protection Public health and medical issues Care and support The rights of consumers and the protection of their health Senior citizens’ policy Social policy Social insurance or life, such exemptions are also offset by the existence of a choice of approved vaccines on offer.
  • For vaccines not covered at the time of the enactment of the law there is the possibility for further ones to be added, or changes made in the light of emergence of new scientific facts.
  • The explanatory notes to the consultation draft contain various case law considerations and the intention of the legislator.

Britishinaustria.net will not enter into any discussion regarding interpretation of the Covid-19 Impfpflichtgesetz. This information is provided solely to advise about the existence of the consultation draft and legal text as a source for obtaining legal clarity, and to provide information for anyone seeking to make use of the exemption on justified medical grounds.

In case you are visiting this page looking for further information about Covid-19 vaccination in Austria, please check out the information provided in English by the ÖIF (information is provided in 17 languages).

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