MainPublications of our law firmRepresentative experienceBrought a medical license for the orthopedic traumatologist in compliance with the legislation

Brought a medical license for the orthopedic traumatologist in compliance with the legislation

In February 2018, we were contacted by a Client with a request for medical law services. In this publication you can read about the key challenges and issues successfully addressed by our lawyers.

Client's portrait

  • a practicing orthopaedist and traumatologist, an individual entrepreneur from the Dnipropetrovsk region;
  • At the time of contacting our company, the Client already had a license, but it covered a minimal number of medical services, so it was necessary to extend the list of specialties and add a new business address.

What problems did the client face with before contacting our lawyers?

The key Client’s problems were as follows:

  • His medical licence was issued under the old Licence Terms and it had to be brought into line with the new regulations;
  • Some of the documents that were submitted when obtaining the license were lost, and the Client had no statements submitted to the Ministry of Health of Ukraine that contained the details of the necessary documents
  • Other documents expired and had to be updated/extended.

In addition to the abovementioned problems, the Client needed to address the following issues:

  • To register a new business address in addition to an existing one;
  • To employ workers in a number of medical and junior medical specialties, such as physiotherapy, nursing (at the time of obtaining the license, a physician entrepreneur couldn’t hire employees of other specialties).

Challenges which our specialists have successfully overcome

  • Replacement of the lost documents took a lot of time (e.g. doctor’s diploma, medical specialist certificate);
  • A number of documents (for example, the Sanitary and Epidemiological Certificate) had to be obtained remotely in the Dnipropetrovsk region;
  • Staff records were brought in line with the current requirements;
  • Since the documents were submitted according to the procedure of making changes in the license, and the Ministry of Health processed them much longer than during the procedure of initial obtainment of the license, it took us more time to get a positive decision.

Lawyers' approach to resolving a client’s situation

The work on bringing the Client’s documents into compliance with the License Terms was carried out in several directions:

  • In terms of the lost documents, our lawyers advised the Client on how to replace them (e.g., a medical university degree) or to obtain new documents (e.g., a medical specialist certificate), since the lost documents anyway expired;
  • since the premises at a new business address were under repair, our company’s lawyers together with the design and construction organization advised the Client on the Building Standards for specific specialties;
  • Despite the extension of the list of specialties, it was necessary to obtain the Sanitary and Epidemiological Certificate not only for the new business address, but also for the old one (as required by the License Terms). It should be noted that our company does not work directly with the State Service of Ukraine on Food Safety and Consumer Protection (the authority that issues the Certificates) outside of Kyiv, but even the remote work has been properly established that allowed the Client to successfully obtain the Certificates for both premises under our supervision;
  • The Client was consulted regarding the legal requirements for equipping offices with certain equipment/toolkits, as well as on the equipment that is expressly specified in the law, but is not required in practice;
  • In parallel to advising the Client, our lawyers prepared documents that had to be submitted directly to the Ministry of Health of Ukraine to obtain the license, and once we received the last document from the Client, we managed to submit a full set of documents without delay;
  • Until a positive decision was received, our lawyers regularly monitored the decisions of the licensing commissions of the Ministry of Health of Ukraine, which were published with a significant delay at that time.

The value received by the client, working with our company

  • quick solution to a difficult situation;
  • professional support which facilitated and accelerated the recovery of the lost documents;
  • he didn’t spend forces on the restoration of those documents which were easier to receive again;
  • comprehensive consultation on construction, sanitary standards, medical equipment, etc.;
  • bringing his license into line with the current license conditions and making a number of significant changes (expanded the list of specialties and second address).
 

Who may be helpful to use such services?

  • Owners of medical business (both individual entrepreneurs and legal entities) that intend to add/remove medical specialties to their licenses;
  • Business entities that intend to move to new premises or register additional addresses/deregister them;
  • Medical license holders who did not make changes to the license, but obtained them under the old License Terms and want to bring their documents into compliance with the current legislation.
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