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Obtained a medical license for a doctor-otolaryngologist, who was in labor relations with a municipal medical institution

A client from the Vinnytsia region contacted our firm for obtaining a medical license in September 2018.

A detailed description of the case is given below, in which you can learn about the major issues, which the client was faced with and that were successfully resolved by lawyers of our firm.

Who is the client?
  • an individual, doctor-otolaryngologist
  • was in labor relations with a municipal medical institution, never engaged in private medical practice at the time of applying to the firm
  • had a number of certificates of medical specialist in various specialties;
  • considerable experience in specialty.
How did the client formulate a task? What solution was suggested and why?

A key purpose of the client was to open his private medical practice with the parallel preservation of a workplace in a municipal institution, which must be implemented through obtaining a relevant license from the Ministry of Health of Ukraine. On the way to achieving the purpose, the client faced the following tasks:

  • registration of an entrepreneur;
  • search for a premises for his office;
  • obtainment of a Certificate of Sanitary and Epidemiological Service;
  • obtainment of a license.

Although the client was at a considerable distance, at each of these stages our lawyers provided consulting, documentary and/or representative support.

What difficulties were in implementation of the decision made, which were successfully resolved by our lawyers?

The client had two valid certificates, both of which he wanted to obtain a license (adult and childhood otolaryngologist), but as a result of the analysis of the documents provided, it turned out that entries in an employment record book of the client do not allow a practice of one of the specialties due to more than a 3-year break in practice;

The list of actually available equipment of the client was significantly shorter than the regulatory list of material and technical equipment, which could have been the reason for denial;

An employment record book of the client had a number of problems regarding order of records, which could have been misinterpreted by the Ministry of Health of Ukraine.

As a part of general prepartion for licensing, our lawyers:

  • at the stage of registration of a sole proprietor helped with selection of correct Economic Activities Types for a doctor and completion of registration documents;
  • at the stage of searching and choosing a premises for a medical office, we agreed on them in terms of compliance with sanitary and building standards, including access to people with limited mobility etc.
  • our lawyers prepared the relevant applications, explanations etc. upon obtainment of a Certificate of Sanitary and Epidemiological Service Inspection
Line of thinking and approach to lawyer’s work in implementation of the decision

As a part of solving the problem moments, our lawyers:

  • explained to the client that the only possible way to obtain a license for both specialties is to complete additional training, which could take quite a long time. That is why, it was made a decision to license one of the specialties, and the other license add in the form of making changes to an existing license in the future;
  • the regulatory list of material and technical equipment was analyzed in terms of type of medical aid, which had to be provided.
  • Part of the equipment had to purchase additionally, and regarding the part was made a conclusion on absence of its necessity;
  • Regarding an employment record book -  when preparing documents at the Ministry of Health of Ukraine, the fact was specifically emphasized for employees of the licensing authority, which made it impossible to misinterpret the actual correct data.
What value did the client get? Why would he not have achieved that independently?
  • the client saved time, since a work was conducted remotely (there was no need to come to Kyiv) and qualitatively (a positive decision on issuance of the license was made after the first commission of the Ministry of Health of Ukraine);
  • the client got extensive advice at the stages, where the work was conducted at the registered office, including tips on the authorities to be contacted, their addresses and telephone numbers. At a later stages our lawyers were able to almost completely exclude the client from the process and solve his questions and problems on their own;
  • availability of practical experience in solving non-standard situations. For instance, documents, which are submitted to the Ministry of Health of Ukraine, are very standard, however, in many cases this becomes a reason for misunderstanding by the licensing authority of a given information, since when issuing documents, they often contain errors that are simply transferred to the licensee's information. That is why, it is important to be able to correctly submit information within a clearly defined form, and at the same time not to state inaccurate information that is not simple for average doctor, but usually practically impossible.
Who should retain such services? In what cases?
  • students, who obtained their first certificate of a medical specialist without work experience and are ready to start a private medical practice;
  • doctors with work experience who want either change public work to private practice, or combine work on the state and on themselves.
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