MainPublications of our law firmRepresentative experienceObtained a medical license for a doctor-otolaryngologist, who was in labor relations with a municipal medical institution

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

In September 2018, our law firm was contacted by a Client from the Vinnytsia region, who intended to obtain a Medical License. 

A detailed description of the case is given below. We will elaborate on the major issues, which the Client was faced with and that were successfully resolved by the lawyers of our firm.

Who the client?
  • An individual, an otolaryngologist;
  • The Client had an employment relationship with a communal healthcare facility, never engaged in private medical practice;
  • The Client had a number of specialist certificates in various specialties;
  • Considerable work experience in the specialty.
How did the Client define the task? What solution  did we suggest and why?

The Client’s key objective was to start his own private medical practice, without terminating employment relationships with a communal healthcare facility. To achieve this goal, the Client had to obtain the appropriate license of the Ministry of Health of Ukraine. For this purpose, the Client had to:

  • register as a sole proprietor;
  • choose premises for a doctor’s office;
  • obtain the Sanitary and Epidemiological Conclusion for a premise;
  • obtain the license.
Although the Client was far from Kyiv, our lawyers provided him with consulting, documentary and/or representative support at each stage.
What were the challenges in implementing the solution that were successfully addressed by our lawyers?
  • The Client had two valid specialist certificates and he intended to obtain a license for both of them (adult and pediatric otolaryngology), but after the analysis of the documents,we found out that according to the records in the Client’s employment record book, he had a 3-year break in practice, which prohibited him from practicing medicine in one of the specialties;
  • The list of actually available equipment of the Client was much shorter than the one required by the law, which could be the reason for refusal;
  • The Client’s employment record book had also some deficiencies related to the order of keeping records, which could be misinterpreted by the Ministry of Health of Ukraine.
Lawyer’s train of ideas and approach to implementing the solution

For the purpose of addressing the above issues, our lawyers:

  • explained to the Client that the only possible way to obtain the license for both specialties is to undergo additional training that was a quite lengthy process. That is why it was decided to license only one of the specialties, and to add another specialty in the future through changes to the existing license;
  • The list of available equipment was analyzed for compliance with the requirements for the health care services to be provided.
  • It was concluded that part of the equipment had to be purchased additionally, and some equipment was of no use;
  • As for the employment record book, when preparing documents for the Ministry of Health of Ukraine, we specifically emphasized this fact to employees of the licensing authority, which made it impossible to misinterpret the actually correct data.

When preparing for licensing of medical practice, our lawyers:

  • helped the Client to choose the right types of economic activity (KVED) and fill out the registration documents at the stage of registration of an individual entrepreneur;
  • agreed premises for compliance with sanitary and construction norms, as well as with requirements for access for people with limited mobility, etc., at the stage of search and selection of premises for a doctor’s office;
  • prepared relevant applications, explanations, etc. at the stage of obtainment of the Sanitary and Epidemiological Certificate.
How did the Client benefit from our cooperation? Why wouldn't the Client achieve such result without our assistance?
  • The Client saved time,since the work was performed remotely (there was no need to come to Kyiv) and qualitatively (we managed to obtain a positive decision on the license issuance after the first meeting of the commission of the Ministry of Health of Ukraine);
  • The Client received thorough consulting assistance at all stages of our cooperation without leaving his city, including advice on the state authorities to be contacted, their addresses and phone numbers. At later stages, our lawyers almost completely excluded the Client from the process and solved his issues and problems without his participation;
  • Practical experience of addressing non-standard situations.The documents, which shall be submitted to the Ministry of Health of Ukraine, are very standard, but the information contained therein can be misinterpreted by the licensing authority, because the documents issued at place often contain errors, which are simply transferred to the statements of licensees. That is why it is important to correctly submit information in a clearly defined form and not to provide false information. This is not easy, but usually almost impossible, for an average physician to do so.
Who should use our services? In what case?
  • Students who have received their first specialist certificate and don’t have any work experience, but want to start a private practice;
  • Doctors with work experience who want either to change public work to private practice or to combine work for the state and for themselves.
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