MainPublications of our law firmComments on legislationIn which cases it is necessary to obtain a medical practice license during rendering of massage services?

In which cases it is necessary to obtain a medical practice license during rendering of massage services?

Currently the tendency for opening of beauty salons, spa salons and salons for rendering of massage services does not slow down in Ukraine. At first glance, the organization of such a business does not cause any particular difficulties, except, actually, rent of premises, hiring of staff and significant financial investments.

In which cases is it necessary to obtain a medical practice license during rendering of massage services?

Related article: Organized an opening of the massage room

Quite often, massage can have a medicinal character or a therapeutic effect on the human body. And in such cases, it will not simply be a matter of starting a company, but of compulsory obtainment of a license for medical practice. The staff, in this case, should already have an appropriate medical education and meet the qualification requirements.

So how do you know if you need a license?

This material will cover the signs and characteristics of “therapeutic massage”, which is subject to licensing at the Ministry of Health.

What can qualify massage as “therapeutic” and require licensing of this type of activity:

  • Employee qualifications.

If, massage is given by a professionally trained specialist with a medical education.

Related article: Some requirements for personnel of health care institutions

  • The ultimate goal of providing massage services.

If the goal of the provision of massage services is preventative care (i.e. prevention of a disease), diagnognostics (detection of a disease), treatment (elimination of the harmful effects of a disease on the human body) or rehabilitation (recovery of a certain part of health).
  • Massage appointment.

If the massage was prescribed by a doctor and given by a doctor, that is, a person with a medical specialty and appropriate education.
  • Impact techniques applied to the human body.

If during the provision of massage services, the person who is providing it is using manual means of impact- manual therapy (i.e., actions aimed at treating the musculoskeletal system, internal organs of a person using the actions of the hands of another person).
  • The consequences to which itled.

If, by receiving massage services, a person has got rid of a certain illness or medical condition, such massage is also considered therapeutic.

In individual cases, massage can be considered “therapeutic” if there are other, additional signs. But the signs listed above make it possible for the regulatory authorities to assume that it is the therapeutic massage services are being provided.

Related article: Comments in regard to licensing of activities of massage practitioners

Conclusions

If the massage services at your establishment has at least one of the above signs, this means that it has healing properties and is subject to licensing.

Important! For conducting these activities without an appropriate license you are facing, as a minimum, a fine of up to 34 thousand hryvnia, and in the worst case scenario - criminal liability (Article 138 of the Criminal Code). If you carry out such actions as: examining a patient, establishing a diagnosis, counseling, prescribing and determining means and methods of impacting the human body without a license, you can potentially be prosecuted.

However, it should be noted that criminal liability comes only in the event of serious consequences for a person.

Our company has already handled quite a few cases of licensing massage rooms, rehabilitation centers and spa salons, so if you need help in this area, we are glad to be of service to you.

If you want to find out if the services that you provide fall under the category of "therapeutic massage" and get the appropriate license for medical practice - you can get in touch with us in any way convenient for you.

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