How to amend the medical license in Ukraine in 2024?
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Among practicing doctors and medical institutions, there's a prevalent misconception that the complexities and responsibilities associated with a medical license conclude upon its acquisition, allowing for unrestricted medical practice without concern for negative repercussions. However, this belief is incorrect. A medical license must consistently reflect the current information about the licensee, including their facilities, equipment, and staff details. Hence, reporting any changes, even minor ones in equipment is mandatory to the licensing authority.
Today, we elaborate on the revised procedure for updating a medical license, examined from the standpoint of experienced lawyers facilitatingthe licensing process for over 14 years.
Updating the Medical License
In the past, particularly during martial law, the Ministry of Health allowed the submission of documents not just through postal delivery (with a detailed enclosure) or in-person (via the Ministry of Health's "Single Window" administrative service center) but also as scanned PDF copies sent to the Ministry's official email address. However, this was conditional on re-submitting these documents via the standard procedure within three months after the martial law ended. We reached out to the Ministry of Health for further clarity on whether the process for electronically submitting documents for medical license updates is still applicable. The Ministry's response was as follows: “Currently, the Ministry of Health is enhancing the Medical Practice Licensing Register. At this time, there is no technical capability to submit an application and the associated document package to the Ministry of Health in an electronic format.”
The timeframe for submitting changes remains the same – within one month of any changes. There is no state fee required for this process.
For personal submissions, the individual applying for the license must present their original identification document. If a representative is submitting the documents on behalf of the applicant, they must additionally provide the original document (or a notarized copy) that validates their authority (the power of attorney should specify: the body to which the documents are being submitted, the issue date and duration of the power of attorney, and the scope of the representative's authorized actions, among other details) along with their own original identification document, as mentioned in the power of attorney.
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What was the Previous Procedure for Updating Changes?
Under the earlier licensing terms, licensees had to notify the Ministry of Health within a month about any changes to the details that were initially submitted in their application and supporting documents for obtaining the medical license. This meant that any real change in the setup of the medical practice, from minor shifts like a 15-minute alteration in working hours to more significant ones like expanding medical specialties, had to be officially documented and reported to the licensing body.
Delay in submitting these updates could lead to the revocation of the license or imposition of fines.
The licensing body would conduct thorough reviews and checks of the updated documents to verify their compliance with the established organizational, material-technical, and staff requirements. Based on this evaluation, the licensing authority would then make an official decision:
- either to approve the changes (permitting the continuation of activities with the new modifications);
or
- to reject the changes (however, this did not hinder the continuation of activities under the previously approved conditions).
In practice, the process of integrating these amendments typically took longer than acquiring a new license, yet it did not involve any additional fees. Our experience includes numerous cases where clients, who initially faced multiple rejections while attempting these updates on their own, successfully managed to implement the changes with our professional assistance.
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What's New in the Process of Updating Medical Licenses?
The obligation to inform about changes still stands, but there has been a significant procedural shift since April 2020. The licensing authority no longer issues individual decisions for each amendment or rejection thereof.
Now, after properly submitting a Notification of Changes, licensees must proactively check for the addition of this new information in the medical practice license registry.
Here’s how you can locate this registry on the Ministry of Health's website:
- Find the Ministry of Health's website through a search engine.
- Navigate to the "Specialists" section.
- Click on the "Licensing" tab and then select "License Registry".
This section allows you to input the necessary identification information and verify whether the Ministry of Health has processed your Notification of Changes.
In cases where a notification is declined, the licensee receives a letter at the address provided in the Unified State Register. This letter from the Ministry outlines the reasons for the rejection and requests a resubmission of the document package, properly completed.
Significantly, as of their latest website update on July 17, 2023, the Ministry of Health introduced a new, more streamlined form for the Notification of Changes, designed to be more concise and easier to complete.
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The licensing body has the authority to perform both routine and unscheduled inspections of facilities to ensure compliance with licensing requirements. A common trigger for such inspections can be a patient's complaint about the poor quality of medical services provided by a healthcare institution. The importance of accurately documenting patient interactions in your clinic has been a topic we've previously explored.
What Are the Implications of Legal Changes?
- It’s crucial to acknowledge that the process of making amendments to a medical practice license hasn't become easier. Licensees are still required to report changes within a month from when they occur. They must then wait for these changes to be reviewed by the Ministry of Health and entered into the registry.
- Currently, there is a lack of clear, defined timelines for the integration of changes into the medical practice license. The processing time can range from as short as a month to as long as a year.
- Given that the decisions about the specifics of the changes incorporated into the licensing documentation are not made public, licensees need to seek alternative methods to confirm the incorporation of their changes.
For example, various modifications such as expanding the material and technical base of the licensee, adding new medical staff, updating medical documentation, or changing a medical worker's surname are not directly verifiable in the registry.
To ensure that such changes have been acknowledged and processed, it is recommended to submit a specific inquiry to the Ministry of Health, requesting confirmation of whether these changes have been implemented.
I Want to Open a Branch of My Clinic/Medical Center in Ukraine: How Do I Do It?
In May 2021, a client we previously assisted in obtaining a medical license and in negotiating a contract with the National Health Service of Ukraine returned for our services.
This time, the client planned to open a branch of their medical center in a different district of the city and needed help with the necessary modifications to their medical license.
Our team prepared and submitted a comprehensive package of documents to the Ministry of Health for the amendment of the license.
Currently, the only way to verify whether your changes have been processed is through the Licensing Registry. However, updates to this registry may take several months, so we carried out daily monitoring of the registry until we confirmed that the changes had been implemented.
Through our client's experience, we can guide you on how to manage the process of amending a medical license in connection with opening a new branch. For those seeking further information or services for securely and efficiently making changes to a medical license, our team of experts is available for consultation.
How to Properly Expand Your Medical Business in Ukraine?
Our client was looking to open a second location for their medical business, where some doctors from the main facility would also be employed. In such cases, it's important to correctly document these doctors working at two different locations. Additionally, these doctors must have their current qualification documents up to date.
Furthermore, the client wanted to add several new medical specialties to the main location, so we also assisted in quickly obtaining the necessary Sanitary and Epidemiological Service (SES) Certificate, as this was a mandatory requirement for the medical practice license at that time. Improper documentation could attract the attention of government inspectors and potentially lead to the inclusion of the enterprise in the inspection plan for the following year.
It's important to note that the Licensing Registry only displays basic information, such as the establishment's address and the doctors' specialties at that location. Because updates in the registry can take several months, we submitted a written request to the Ministry of Health to obtain information about the changes made to the license and to secure written confirmation for the National Health Service of Ukraine (NHSU), with whom our client was collaborating.
Please note! When working with the NHSU to also upload through the medical information system the scanned letter you sent to the Ministry of Health requesting the license changes.
The client was concerned about when they could start operations at the new location. Legally, you can begin immediately, as the licensee is obliged to inform the licensing authority of any changes within 30 days. Even if the client had initially started operations at the new site and reported it to the Ministry of Health within a month, it would still be compliant with the law.
A different issue arises when the Ministry of Health disregards the amendments because the submitted documents fail to meet the legal requirements. In such situations, there are contentious questions about what to do next and whether the licensee might face fines during an inspection. To prevent such issues and ensure that the Ministry of Health accepts the changes at first submission, it is advisable to consult with our experts.
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What Services Does Our Company Provide in These Cases?
When it comes to modifying a medical license, the list of required documents will directly depend on the specific changes the licensee wishes to implement. This often means updating nearly all data initially entered in the license. For instance, if the documentation no longer meets the Ministry of Health's standards due to being outdated, or if there are logical updates tied to certain categories of changes (like changing the address of the medical practice following a lease agreement renewal or property ownership changes), corresponding updates (like the SES Certificate, the size of the premises, etc.) are required. Interestingly, merely changing the owner of the establishment, without discontinuing the legal entity's operation, doesn't necessitate obtaining a new license. The licensee is entitled to continue their medical practice based on the previously granted license, which remains valid.
The documents that a licensee needs to submit to the Ministry of Health also vary depending on the nature of the changes. These usually include details about the updated material and technical base and a notification regarding the amendments to the medical license.
Having analyzed the new procedure for submitting changes and conducted several amendments under this system, we offer the same advice to every client:
The new procedure does not facilitate independent document submission due to the lengthy process involved. The waiting period for the implementation of changes can extend over several months, a point we've repeatedly stressed. Consequently, the accuracy of the submitted documents significantly influences the timeframe for registering the changes. Incorrectly presented documents can lead to an extension of this already protracted waiting period, which is an unpleasant scenario.
Our team possesses vast experience in obtaining medical licenses and has practically tested the new mechanism for incorporating changes. The outcome of our work is definitive – we receive official confirmation of our efforts, detailing all client information in the licensing registry. We analyze all desired changes and clarify what actions are feasible and which alterations are prohibited.
If you want to ensure that your changes are implemented smoothly and without negative repercussions, contact our experts. We will expertly handle the entire process from start to finish. Looking for more answers?
