Our lawyers helped to license sanatorium (resort) in Truskavets city
In early 2018, a private hotel, located in the resort part of the Lviv region (city Truskavets), applied for legal assistance to our law firm. Besides actual services for the organization of accommodation, it was planned to provide sanatorium-resort services for residents of the hotel.
The primary interest of the client was composed of three questions:
- Is the activity of the health resort institution licensed as a medical practice?
- If a license for medical practice is necessary, so, in what specialties?
- Does the existing organizational form match the license conditions?
Having analyzed the information provided by the client, our lawyers came to the following conclusions:
- based on the definition of medical care, which is an integral part of medical practice, both treatment and prevention of diseases, injuries, pathological conditions, and so on are subject to licensing. At the same time, such activities should be carried out by employees who have undergone appropriate professional medical training. Since the client wanted to provide services for the treatment and prevention of diseases of the gastrointestinal tract and genitourinary system, the answer to the question of licensing was unequivocal - a license for medical practice is necessary to have.
- in terms of medical specialties, the choice was stopped on “Physiotherapy” and “Nursing care” (of physiotherapeutic direction). Such a choice stemmed from the fact that the main curative and prophylactic effect was achieved due to sanatorium and resort factors, and the majority of patients applied to the institution by the appointments of specialized doctors (gastroenterologists, urologists, etc.).
- at the time of contacting our company, the client carried out economic activities in the form of an individual entrepreneur.
Taking into account the specifics of the activities, the provision of medical services through the status of an individual entrepreneur was not easy, in accordance with the licensing conditions, but it gave a number of advantages compared with a legal entity. The only drawback of such an organizational form was the absence of the right to be called a health resort since it is one of the types of health care institutions which can only be a legal entity. However, this option satisfied the client completely and was compensated by the positive aspects of licensing of an individual entrepreneur.
In the future, our lawyers continued work with the client, which consisted of approval of candidatures for the positions of medical personnel in accordance with the qualification requirements and consultations on bringing the existing premises in compliance with the standards for physiotherapeutic rooms.
One of the documents required for receiving a medical license, namely, the public health certificate for the premises was received by the client independently (since such an act is received at the location of the health care institution, medical office, etc.), but under constant control on the side of our company.The final stage of work was filling out the license paperwork of our client in accordance with the established form and submitting a full documentation package for review by the licensing authority. At the next hearing of the Commission of the Ministry of Health Care, the client received a positive decision on issuing a license.
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