Restorative medicine. Features of licensing in the field
Today there is a problem at the practical and legislative level, when a number of massage specialists, physical therapist and rehabilitation physicians increases every day, and some of them want to conduct medical practice on their own, but there is no applicable relevant legislative and procedural regulation of the process.
It is straightforward that most of these specialists are informally related to the field of restorative medicine, however, they are not considered as physicians; in addition, it is needed to understand the difference between employment opportunities after medical and physical education and qualification requirements for conducting such activities as this distinction is a key problem in the field.
Against the background we decided to prepare the material in order to answer the following key questions:
- Can people with physical education work in the field of restorative medicine?
- What are the requirements for rehabilitation physicians and the place of their activities? How does it affect obtaining of license for a medical practice?
- Does a license for a medical practice give the right to conduct rehabilitation activities, and how can such type of activity be legalized?
- What is a legislative regulation of this type of activity?
In order to deal with this problem in detail, it is needed to explore the issue in accordance with the legislation and clarify some of its provisions. Order of the Ministry of Health of Ukraine number 195, which defines the list of specialties, on which a medical practice can be conducted, stipulates that a specialist with physical education is somebody, who can provide medical services. But is it a case or not?
In practice, this is not the case, because the same order stipulates that such activities can be conducted only in medical institutions, that is, you will not be able to register as a sole proprietor and obtain a license for a medical practice, as the Law of Ukraine "Fundamentals of the Legislation of Ukraine on Health Care" states that a medical institution is a legal entity of any form of ownership established for the purpose of providing medical care services of the population on the basis of the relevant license and having a medical staff.
The second problem is that the mentioned order is outdated and contradicts the Licensing conditions for conducting medical practice, since the requirements to all possible rehabilitation specialists is stated that they must have a Diploma in Medicine. Proceeding from the fact that the Licensing conditions is a newer regulatory act, the Ministry of Health of Ukraine still prefers to it, that is, we see another reason for the impossibility of licensing this type of activity.
In addition, there is a third, practical problem, as if it is necessary to make changes to a license for a medical practice, it will be impossible to add a physical specialist, because this is not a medical specialty, which also contradicts the Licensing conditions, which does not stipulate for the corresponding specialty and courses for improvement qualifications.
However, despite all these problems and deficiencies, it is a possibility of obtaining a special permit from the Ministry of Health of Ukraine as an alternative resolution of the problem.
In addition, the licensing authority is working on the development of new regulatory acts, which are more likely to legalize such activities fully and without problems.
ConclusionsAs we see, there are a number of uncertain provisions and contradictions in legislation, however, before the Ministry of Health of Ukraine decides how to resolve this, we already know how to divide these zones of "medical" practice. Therefore, in case of additional questions, you can contact the lawyers of our firm and they will advise you on how to conduct such activities absolutely legally and correctly.
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