Psychological Online Platform: Is a Ministry of Health License Required?
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Recent years have fundamentally reshaped the mental health market. The online format has moved beyond being a temporary solution and has become the dominant segment. Psychotherapy platforms and mental health services are experiencing rapid growth, driven by strong demand caused by war and ongoing stress affecting people both in Ukraine and abroad. For thousands of Ukrainians, a smartphone screen has become the only way to access a specialist, while for businesses this has opened a niche with significant potential for scaling and investment.
However, behind the technological façade lies a serious legal trap. Many entrepreneurs and professionals believe that a remote format does not qualify as a medical activity or can operate outside licensing requirements. This is a misconception. In most cases, psychotherapeutic and psychiatric services, even when provided online, are classified as medical practice and require a mandatory license from the Ministry of Health of Ukraine.
Operating in a legal gray zone poses substantial risks for businesses. The absence of a license can lead not only to fines, but also to sudden suspension of operations and reputational damage in the eyes of partners who demand legal compliance. In this article, we examine where the fine line lies between counseling and medical services, and how to legalize a psychological platform in order to build a stable, long-term asset rather than a fragile structure.
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What Is a Psychological Platform in Legal Terms?
An online psychological support platform is an online service or digital product that enables the remote provision of psychological and mental health services via the internet. It acts as an intermediary between the user, meaning the client or patient, and a specialist such as a psychologist, psychotherapist, or psychiatrist.
Such platforms can operate in several formats, including:
- A marketplace of specialists, where users independently choose a psychologist or psychotherapist based on profile, experience, and area of practice.
- An online clinic that brings together doctors and psychotherapists within a single legal entity.
- A mobile or web app for regular sessions, mental health monitoring, and ongoing psychological support.
- A corporate service that provides psychological support to company employees in the format of Mental Health as a Service.
The core feature of psychological platforms is the use of telemedicine technologies to provide remote care. This includes video consultations, audio sessions, chats, mobile applications, specialized online counseling platforms, and other digital channels.
It is important to understand that the concept of a “psychological platform” is not limited to its technical interface, such as a website or an application. From a legal perspective, what matters is the nature of the services provided through the platform, in particular:
- whether the platform provides access to psychotherapeutic or psychiatric care;
- whether psychiatric or clinical diagnoses are made on the platform;
- whether treatment of mental disorders or correction of a psycho emotional condition is carried out.
Such activities may be classified as medical practice regardless of the format, whether online or offline.
Because of this distinction, many online projects mistakenly consider themselves IT platforms or marketing service aggregators, while in reality they organize and facilitate medical activity. This directly leads to the issue of mandatory licensing.
When Psychological Services Are Considered Medical Practice
One of the most important issues for owners of psychological platforms and specialists working online is determining the point at which psychological support enters the realm of medical practice. In this context, the decisive factor is not the format of service delivery, whether online or offline, but the substance of the services, their purpose, and the nature of the intervention in a person’s mental health.
Psychological services are considered medical practice when they are aimed not only at general support or improving emotional well being, but at the treatment or correction of mental disorders. Accordingly, the criteria for classifying such activities as medical practice include:
|
Criterion |
Description |
Legal Consequence |
|
Clinical conditions |
The work with a client involves depression, anxiety disorders, post traumatic stress disorder, panic attacks, obsessive compulsive conditions, or other mental disorders. |
Goes beyond standard psychological counseling and falls within the healthcare domain. |
|
Qualifications and nature of care |
Psychotherapeutic or psychiatric care is provided, especially when delivered by licensed psychotherapists or psychiatrists. |
The services are therapeutic in nature, regardless of whether consultations take place in person or via video. |
|
Diagnosis |
A specialist establishes or confirms a diagnosis, prepares a clinical opinion, applies methods used in psychiatry or clinical psychology, or issues documents with legal or medical significance. |
Such actions constitute licensed medical activity. |
|
Pharmacological intervention |
Medications are prescribed or adjusted within the platform. |
Any pharmacological intervention, even when provided remotely, is permitted only within medical practice and requires the appropriate license. |
|
Positioning |
The platform uses wording such as “treatment of depression,” “online psychiatry,” or “psychotherapy as a treatment method” in its materials, website, advertising, or client communications. |
This creates a legal qualification of the activity as medical practice, regardless of how the platform defines itself. |
When a Medical Practice License Is Mandatory
A medical license is required not only when a platform directly provides medical services, but also when it organizes or controls the process of their delivery.
In practice, a license is mandatory in all cases where a platform goes beyond being a purely technical intermediary and becomes an active participant in the medical process. This occurs when the company independently selects specialists, sets rules and standards of work, accepts payments from clients, structures service packages, and bears responsibility toward users for the outcome.
A license is also required if the platform is positioned as an online clinic or a psychological care center, works with medical doctors, plans integration with healthcare systems or cooperation with insurance companies, or is preparing for scaling, attracting investors, and entering into major partnerships.
In other words, if your service does more than simply provide a communication tool and effectively manages the delivery of mental health services, a medical license is mandatory.
Typical Mistakes Made by Owners of Online Psychological Care Platforms
One of the biggest problems in the online psychology market is not a lack of demand, but entrepreneurs’ misunderstanding of the legal boundaries of their activities. Many platforms start as IT projects or mental health startups, but at a certain stage, often without the founders realizing it, they shift into the realm of medical practice without updating their legal model accordingly.
Systemic mistakes in organizing operations include:
|
Mistake |
Core Issue |
Legal Risk |
|
The myth that “online means no license” |
Owners assume that if consultations take place via Zoom or chat rather than in an office, Ministry of Health requirements do not apply. |
In practice, the format of interaction is irrelevant. What matters is the substance of the services and the role played by the platform. |
|
Disguising medical activity |
Attempts to present medical activity as an educational or informational product. Websites often use wording such as “informational and consultative psychological services” while in reality providing ongoing psychotherapy, working with clinical conditions, and structuring a full treatment process. |
Legal classification is based on the actual content of the services, including work with clinical conditions, not on declared business activity codes (KVEDs). |
|
Incorrect model of cooperation with specialists |
Platform owners try to shift responsibility to psychologists or doctors through civil law contracts or by labeling them as “independent experts.” |
If the platform sets work rules, collects payments, handles complaints, and manages the process, it is treated as a medical service provider. |
|
Postponing license acquisition |
Many startups follow the logic of launching first, testing demand, and legalizing later. |
The growth stage is when a platform becomes most vulnerable to inspections, complaints, competitive pressure, and legal risks. |
Legal Liability and Critical Consequences
Ignoring legal requirements or complying with them only formally creates serious risks for owners of psychological platforms. Such risks can jeopardize not only the business itself, but also expose the founders to personal liability.
Regulatory and Financial Risks
- Provision of medical practice without a license. If supervisory authorities determine that a platform is in fact providing or organizing medical services without the required authorization, this may result in administrative liability, the imposition of fines, and orders to immediately cease operations or prohibit certain types of activities.
- Civil liability toward clients. If harm to a patient’s mental or physical health is caused by substandard care, improper recommendations, or the absence of appropriate medical oversight, the platform may be held liable as the organizer of the service delivery process. This can lead to financial claims, compensation for moral and material damages, and significant reputational losses.
Example:
An online platform allowed a psychologist to provide services without properly verifying their credentials. During a consultation, the specialist gave dangerous recommendations regarding medication use. The client’s condition worsened and led to hospitalization. A lawsuit was filed not only against the psychologist, but also against the platform as the organizer of the service. The court ordered the platform to compensate for both material and moral damages and emphasized its liability for inadequate quality control of the services provided.
Risks Related to the Protection of Personal Data and Medical Information
Psychological platforms process extremely sensitive data, including information about mental health conditions, diagnoses, personal experiences, and session records. Inadequate protection of such data, as well as data leaks, unlawful use, or disclosure to third parties, can result in significant fines, lawsuits, and a loss of client trust, which is especially critical in this field.
Risks of Joint Liability and Control
Even if a psychologist or doctor formally works as an “independent expert,” the platform may bear joint or even primary liability toward the client if there is evidence that it controlled or coordinated the specialist’s work. This is a critical risk factor for the marketplace model.
Reputational and Commercial Risk
Licensing issues, litigation, or public scandals can lead to the loss of users, partners, advertising contracts, and investors, and can effectively destroy a project in a market where trust is the key asset.
Please note! The absence of a systematic legal approach to structuring the operations of a psychological platform and legalizing its processes can result not only in temporary inconveniences, but also in critical consequences for the business. These include financial losses, suspension of operations, and personal liability of company executives.
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How to Legally Structure the Operation of a Psychological Platform
A lawful operating model for a psychological platform does not begin with website design or launching advertising, but with building the correct legal architecture of the business. This foundation determines whether the project can scale without the risk of shutdowns, fines, or litigation.
Strategic Definition of the Platform’s Role
First and foremost, the platform’s role must be clearly defined. This should be a deliberate and informed choice.
- Option A: Intermediary. The company acts solely as a technical intermediary, providing a communication tool that connects the client with the specialist.
- Option B: Medical Service Provider. The company organizes and delivers medical services. In this case, the business model is structured from the outset in full compliance with the regulatory requirements applicable to healthcare institutions.
Legal Business Architecture and Licensing
The next step is to properly structure the business. This includes defining the legal entity, selecting the appropriate business activity codes, establishing a compliant model of interaction with specialists, clients, and partners, and clearly determining who will bear responsibility for the medical aspects of the process.
If the platform plans to provide psychotherapeutic or psychiatric services, it must obtain a medical practice license. This requires preparing a set of documents specifically adapted to the online format, including a description of how services are organized, staff qualification requirements, internal protocols, rules for working with patients, and documentation related to the protection of medical data.
Ensuring Operational and Contractual Security
Special attention should be given to the handling of personal and medical data. The platform must have the following in place:
- privacy policies;
- consent forms for the processing of personal data;
- internal regulations governing access to information;
- technical data protection mechanisms.
It is equally important to properly formalize cooperation with specialists from a legal standpoint:
- verifying qualifications, education documents, and professional certificates;
- entering into contracts that clearly define the scope of responsibility, duties, and work standards.
It is no less important to carefully draft user agreements, service provision rules, and informational disclosures for clients. These documents serve as key legal safeguards for the platform in the event of disputes or complaints.
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Turnkey Legal Support for Licensing Online Psychological Platforms
For owners of psychological platforms, legalizing operations is a comprehensive process that requires a solid understanding of medical, IT, and regulatory law. This intersection is precisely where we work.
We provide end-to-end legal support for projects in online psychology and telemedicine, from the initial analysis of the business model to obtaining a license and launching the platform’s lawful operations. Our approach is not based on standard templates, but on adapting the legal model specifically to the online format, without unnecessary costs associated with offline infrastructure that is often imposed by conventional schemes.
Our legal team provides:
- Structuring the company and selecting an appropriate legal form.
- Preparation of a complete documentation package for the Ministry of Health.
- Development of internal regulations, data policies, and contracts.
- Consulting on compliant positioning and advertising strategies.
Our experience in licensing online medical services allows us to take into account the common mistakes that startups typically stumble over. We anticipate potential questions from the Ministry of Health and supervisory authorities and help prepare practical, well-functioning systemic solutions. As a result, you receive a legally compliant platform that is ready for scaling.
Still unsure whether your platform qualifies as a medical service? Do not rely on chance. An incorrect legal status can lead to sanctions that may destroy the project.
Contact us to receive a legally substantiated assessment of your platform’s status before it is determined by a regulatory authority.
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