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Austria and Switzerland: different rules for genetic analyses in your practice
Austria and Switzerland draw the lines differently from Germany. In Austria, every medical activity – including the prevention of diseases – is reserved for physicians, and there is no Heilpraktiker law. Dietitians and physiotherapists work without a physician's order in health promotion and prevention. Partners may offer pharmacogenetics in Austria, but decisions about medication always rest with the physician. In Switzerland, lifestyle analyses may only be ordered by the professionals listed in Art. 40 GUMV, the saliva sample is taken in their presence, and home tests are ruled out for these analyses.
One river, two sets of professional law
The Saalach river runs between Salzburg and the Bavarian town of Freilassing. Cross the bridge and you change not only the country but also the professional law: on the German side there are Heilpraktiker with a state permit to practice; on the Austrian side there are none. Our lab in Eugendorf is not far from this border – and for the same saliva sample, Germany, Austria and Switzerland apply three different sets of rules.
For you, this means: if you advise clients in Austria or Switzerland, you need the rules of those countries. The German basics are covered in What you may offer and For Heilpraktiker and naturopaths. This article shows what is different in Austria and Switzerland. It gives you orientation but does not replace legal advice in individual cases.
Austria: medicine belongs to physicians – prevention included
The Austrian Physicians Act draws a wide circle. The practice of medicine covers every activity based on medical-scientific knowledge carried out on or for people, in particular (Section 2(2) Physicians Act 1998):
- examining for the presence or absence of physical and mental diseases or disorders (No. 1),
- treating such conditions (No. 3),
- preventing diseases (No. 5),
- prescribing remedies, therapeutic aids and medical diagnostic aids (No. 7).
Independent practice is reserved for physicians; everyone else is prohibited from any practice of the medical profession (Section 3(1) and (4) Physicians Act 1998). Anyone who carries out medical activities without authorization under this or another law commits an administrative offense punishable by a fine of up to 3,630 euros (Section 199(1)). And anyone without medical training who commercially carries out an activity reserved for physicians on a larger number of people commits the offense of quackery (Kurpfuscherei): up to three months’ imprisonment or a fine of up to 180 daily rates (Section 184 Austrian Criminal Code).
For you, this means: in Austria, “preventing diseases” is not just an advertising problem but medical territory – unless a professional law of your own allows you to work in prevention. So talk about nutrition, exercise, well-being and lifestyle, not about diseases.
No Heilpraktiker in Austria – the routes that do exist
Austrian federal law has no Heilpraktiker act like Germany’s. A German Heilpraktiker permit is based on the German Heilpraktiker Act and does not allow any medical activities in Austria. For lifestyle counseling with genetic analyses, these routes are the main options:
- MTD professions: dietitians (Diätologen) and physiotherapists – more in the next section.
- Life and social counseling (Lebens- und Sozialberatung): Anyone practicing this trade may also offer nutrition counseling – but only with a completed degree in nutritional sciences from an Austrian university or completed training as a Diätassistent. Sports science counseling requires a degree in sports science or physical education, or a diploma from a coach training program at a federal sports academy (Section 119(1) Austrian Trade Act 1994).
- Coaching: Before you start, check under which profession or trade you offer lifestyle counseling – and stick strictly to healthy people and their lifestyle.
Dietitians and physiotherapists: prevention without an order
The MTD Act 2024 regulates the higher medical-therapeutic-diagnostic health professions, including dietetics and physiotherapy (Section 1(1)). Their activities may only be carried out by persons authorized under this act (Section 2(2)), and the professional titles are protected (Section 3(5)).
For genetic analyses, one distinction is decisive. As a rule, dietitians and physiotherapists work on their own responsibility following a physician’s or dentist’s order (Section 8(1), Section 20(1)). In health promotion and primary and secondary prevention, however, they work without an order, within their professional scope (Section 8(2), Section 20(2)). For a lifestyle analysis with healthy clients, that is the obvious frame. If a disease is involved, the physician’s order applies. More on the individual professions in For nutrition consultants and dietitians and For physiotherapists.
Genetic analyses in Austria: lifestyle is not Type 3
The Gene Technology Act defines a genetic analysis narrowly: a lab analysis that, according to the state of science and technology, allows statements about a carrier status, a disease risk, an existing disease or the course of a disease or therapy (Section 4 No. 23 GTG). Analyses of predispositions to disease (Types 3 and 4) may only be carried out in approved institutions and when ordered by a medical specialist (Section 68(1) GTG).
Lifestyle analyses on nutrition, weight, sport, stress and skin that allow no such statements do not fall under this definition. Whether an individual analysis does say something about a disease risk depends on its content. The four types are explained in detail in Who may offer genetic tests?
Pharmacogenetics: the Austrian exception – with a clear limit
Here, Austria is more open than its neighbors. Pharmacogenetics is the only medical analysis the law allows there without a physician – Novogenia partners can offer it in Austria. Why that is so is explained in Law: who may offer pharmacogenetics? Two limits always come with it:
- Your professional law has a say: Whether your profession may offer such an analysis depends on the rules of your profession.
- Medication stays with physicians: Prescribing remedies is part of medical practice (Section 2(2) No. 7 Physicians Act 1998). So never recommend stopping, switching or changing the dose of a medicine. Hand over the result and refer your client to the treating physician.
What pharmacogenetic results mean and how physicians use them is covered in the Pharmacogenetics guide.
Switzerland: who may order is listed in Art. 40 GUMV
Switzerland also regulates genetic analyses outside medicine. Examinations of physiological traits whose knowledge can influence a person’s lifestyle (Art. 31(1)(a) GUMG) concern, according to the ordinance, in particular eating behavior, sports activity and general well-being (Art. 37(1) GUMV). They may only be ordered by health professionals who are authorized to practice on their own professional responsibility, have acquired knowledge of human genetics in their education and training, and work in the field to which the examination belongs (Art. 34(1) and (2) GUMG). Art. 40 GUMV lists them exhaustively:
| May order (Art. 40 GUMV) | Scope |
|---|---|
| Physicians, pharmacists, psychologists, druggists HF | examinations of particularly sensitive traits |
| Nutritionists FH, physiotherapists FH, chiropractors and osteopaths | to clarify physiological traits |
For the professions covered by the Health Professions Act, such as physiotherapy, nutrition and dietetics, and osteopathy, practicing on one’s own professional responsibility requires a license from the canton (Art. 11 GesBG).
Not on the list are, among others, naturopaths (Naturheilpraktiker), health coaches and nutrition consultants without an FH degree. For lifestyle analyses, they work with a listed professional who orders the analysis. This is more than a formality: anyone who commercially and intentionally orders such an examination without being entitled to do so risks up to three years’ imprisonment or a fine (Art. 56(2)(e) GUMG).
Switzerland: sample in person, no home test
- Sample in person: The sample must be taken in the presence of the ordering professional (Art. 34(3) GUMG). A kit mailed to a client who uses it alone at home is therefore ruled out for lifestyle analyses.
- Self-tests only for harmless traits: Tests for self-use may only be supplied for the “other” examinations (Art. 13 GUMG), such as hair and eye color or the sense of smell and taste (Art. 37(3) GUMV).
- Some topics are always medical: Examinations that provide information on, among other things, food intolerances, metabolic disorders, an increased risk of sports injuries, or diseases, allergies and inflammation count as medical (Art. 37(2) GUMV). They are ordered by physicians (Art. 20 GUMG).
- Lab abroad: Using a lab abroad requires, among other things, the client’s written consent (Art. 36 in conjunction with Art. 29 GUMG).
- Information and results: Information must be given in writing (Art. 32 GUMG), and only results that match the purpose may be communicated (Art. 33 GUMG).
- Advertising with mandatory information: Public advertising must inform about who may order the analysis, the information requirements and how results are communicated (Art. 14(3) GUMG, Art. 4(2) GUMV). If this information is missing, a fine can follow (Art. 57(a) GUMG).
- Pharmacogenetics: In Switzerland it belongs to the medical field. It may be ordered by physicians, dentists, pharmacists and chiropractors, each under conditions (Arts. 5–8 GUMV) – physiotherapy, nutrition counseling and naturopathy are not among them.
For health claims on food supplements, Switzerland applies its Food Information Ordinance – more in Professional law and advertising.
Three countries at a glance
| Question | Germany | Austria | Switzerland |
|---|---|---|---|
| Heilpraktiker | permit under the Heilpraktiker Act | no Heilpraktiker act; medical activities only for physicians (Section 3 Physicians Act 1998) | naturopaths are not listed in Art. 40 GUMV |
| Nutrition counseling | title “Diätassistent” protected (Section 1 DiätAssG) | dietetics as an MTD profession; nutrition counseling as a trade only with a degree or Diätassistent training (Section 119 Trade Act 1994) | nutritionists FH may order for physiological traits |
| Physiotherapy | title protected (Section 1 MPhG) | MTD profession; prevention without an order (Section 20(2) MTD Act 2024) | physiotherapists FH may order; injury risk is medical |
| Coaches | no practice of medicine without a permit (Section 5 HeilprG) | clarify the trade; no prevention of diseases | may not order |
| Saliva sample | at home or in the practice | at home or in the practice | only in the presence of the ordering professional |
| Pharmacogenetics | diagnostic, physicians only (Section 3 No. 7(c), Section 7 GenDG) | partners may offer it; medication stays with physicians | physicians, dentists, pharmacists, chiropractors (Arts. 5–8 GUMV) |
Checklist for Austria and Switzerland
- Austria: You know under which profession or trade you offer lifestyle counseling.
- Austria: Your texts talk about lifestyle and well-being, not about preventing or treating diseases.
- Austria: For pharmacogenetics, your professional law is clarified, and every medication question goes to the treating physician.
- Switzerland: You belong to a profession listed in Art. 40 GUMV and hold the cantonal license – or you work with such a professional.
- Switzerland: The saliva sample is taken in the presence of the ordering professional; there are no home tests.
- Switzerland: Topics under Art. 37(2) GUMV, such as intolerances or injury risk, go through physicians.
- Switzerland: Written information, written consent to the lab abroad and mandatory information in advertising are in place.
- You know the rules in every country where your clients live.
Frequently asked questions
Can I work in Austria with a German Heilpraktiker permit?
As a nutrition consultant, may I offer genetic analyses in Austria?
As a physiotherapist in Austria, do I need a physician's order for a lifestyle offer?
Can I offer lifestyle analyses as a health coach in Switzerland?
May I offer pharmacogenetics in Austria and talk about medication?
Related: Who may offer genetic tests? · Law: who may offer pharmacogenetics? · What you may offer: lifestyle or medicine
Genetic analyses for your practice?
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Request a project →Offer for naturopathsNote: This guide is general information for businesses and professionals and does not replace medical or legal advice. The genetic traits determined in a genetic analysis are well documented (each gene included is backed by at least three independent studies); recommendations derived from them are logical conclusions, not scientifically proven. Regulations can change; errors and changes excepted.
