Head of Medical Law Practice
Specializes in medical, corporate, and migration law. Has extensive experience working with medical and pharmaceutical businesses, particularly in licensing, circulation of medicines, and comprehensive legal support of healthcare institutions, including corporate, tax, and employment matters, as well as market entry projects of foreign companies into Ukraine.
Case: Scaling a cosmetology clinic: expanding the Ministry of Health medical licence to include new specialties
The development of an aesthetic business inevitably leads to expansion: purchasing larger premises, hiring doctors, engaging nurses and adding complex injectable and surgical procedures to the service list. However, in Ukraine, any scaling of medical activities is subject to strict state control by the Ministry of Health of Ukraine.
The most common mistake made by clinic and beauty salon owners is to assume that an existing medical licence “automatically” covers a new address and new specialists. In practice, operating without properly notifying the Ministry of Health of changes and without expanding the licence to include new specialties creates a risk of breaching the Licensing Conditions, being subject to regulatory measures and encountering problems with the further provision of medical services.
The medical law specialists at Prikhodko & Partners share a real case involving the comprehensive turnkey legalisation of the expansion of a cosmetology clinic.
A client approached us — a successful beauty business owner in the Odesa region who had been working in cosmetology for a considerable period and already held a valid Ministry of Health medical practice licence.
Due to the rapid scaling of the business, she faced new challenges:
- Purchase of new premises: the client purchased larger premises of her own to launch a fully fledged aesthetic medicine clinic instead of operating from a rented consulting room.
- Change of address: the former place of practice was being completely closed and activities were transferred to a new location.
- Expansion of staff and new specialties: new doctors and medical staff were engaged.
- Introduction of new services: in order to lawfully perform invasive procedures, contouring procedures, laser procedures and surgical manipulations, the following specialties had to be added:
- dermatovenereology;
- maxillofacial surgery;
- nursing.
Main challenge: to complete the relocation and launch of the new facility without interrupting business processes while complying with the statutory one-month deadline for notifying the Ministry of Health of changes.
What should be done if a clinic changes its address or hires new doctors?
Under the Licensing Conditions for conducting business activities in medical practice, a licensee must notify the Ministry of Health of changes to its data in the manner and within the timeframes prescribed by law.
In this case, the legal strategy consisted of two parallel workstreams:
| Changes to the licensing file | Licence expansion |
|---|---|
| Notification of termination of activities at the former address | Adding new specialties: dermatovenereology, maxillofacial surgery, nursing |
| Notification of commencement of activities at the new address | Adding new medical staff in line with the new areas of practice |
| Updating the information on the material and technical base | Preparing the expansion application and updated Information |
Step-by-step procedure followed by the lawyers at Prikhodko & Partners
Stage 1. Audit of the new premises and material and technical base
Before preparing the documents for the licensing authority, our lawyers reviewed the new premises for compliance with the State Building Standards (DBN V.2.2-10:2022) and accessibility requirements for persons with reduced mobility:
- the title documents for the purchased property were reviewed, including its non-residential status;
- an audit was conducted of the functional purpose and size of the consulting rooms for the dermatovenereologist, the operating/procedure room for the maxillofacial surgeon and the treatment room;
- the availability of documents confirming accessibility of the premises for persons with reduced mobility was checked;
- the medical waste treatment agreement was reviewed.
Stage 2. Changing the place of medical practice
Since the facility changed the actual place where it conducted its activities, the lawyers prepared and submitted to the Ministry of Health a package of documents for amending the licensing file:
- notification of termination of business activities at the former address;
- notification of commencement of business activities at the new address;
- updated Information on the material and technical base, detailing the new areas, room layout, ventilation systems and available medical and technical equipment in accordance with the applicable equipment requirements.
Stage 3. Staff audit and preparation for licence expansion
To formalise the engagement of the new specialists, their qualification documents were reviewed:
- diplomas, valid specialist certificates and qualification documents of doctors in the specialties of “Dermatovenereology” and “Maxillofacial Surgery”;
- education and qualification documents of specialists in “Nursing”.
The lawyers prepared the prescribed application for expansion of business activities in medical practice and completed the detailed personnel sections of the Information.
Stage 4. Submission of the document package and communication with the Ministry of Health
The completed document package was submitted to the Ministry of Health. Since there were no legal or technical errors, the documents passed the Ministry of Health review on the first submission without the application being left without consideration or refused.
Project results in figures
| Indicator | Before engaging the lawyers | Result of the work of Prikhodko & Partners |
|---|---|---|
| Place of practice | Former rented premises | New place of medical practice formally registered |
| List of specialties | Limited basic list | Officially added: dermatovenereology, maxillofacial surgery and nursing |
| Medical staff | Limited number of staff, with no ability to work in the new areas | Information on new doctors and medical staff added to the licensing file |
| Risk of breaching the Licensing Conditions | Risks due to unformalised changes | Changes and expansion formalised in accordance with the current Licensing Conditions |
| Legalisation timeframe | Risk of delays lasting for months | Changes and expansion completed without prolonged clinic downtime |
Frequently asked questions (FAQ)
1. What is the deadline for notifying the Ministry of Health of a change of address or other changes to the data?
The licensee must notify the licensing authority of changes to the data specified in the documents submitted with the licence application within the period established by law. For changes to a medical practice licensing file, a one-month period from the date the changes arise applies.
2. Is a change of address considered an expansion of a medical licence?
No. Changing the place where business activities are conducted or establishing a new place of practice is not considered an expansion of the licence. In such a case, a notification of changes and updated Information are submitted to the Ministry of Health.
3. What is the difference between notifying changes and expanding a licence?
If the place of activity, premises, equipment or other information in the licensing file changes, a notification of changes is submitted together with updated Information. If the licensee intends to provide medical practice in new specialties or new types of medical care, an application for licence expansion and the relevant Information must be submitted. In our case, we implemented both procedures comprehensively.
4. Can a clinic owner without a medical degree engage a maxillofacial surgeon?
Yes. The business owner is not required to be a doctor personally; however, the healthcare facility must ensure that specialists have the appropriate education and qualifications and must also comply with the statutory requirements governing the management of a healthcare facility.
Scaling your cosmetology business? Entrust the licensing process to experts!
Submitting documents independently when changing an address or adding new specialties often results in the file being returned due to technical inaccuracies in the information on the material and technical base.
Prikhodko & Partners provides:
- a comprehensive audit of premises, agreements and staff documents;
- submission of notifications regarding termination of activities at the former address and commencement of activities at the new address;
- expansion of the licence to include new medical specialties and specialties of medical professionals;
- full support in communication with the Ministry of Health of Ukraine until the necessary changes are formalised and a decision on licence expansion is obtained.
Are you planning to relocate your clinic or add new doctors to your staff? Submit a request for a consultation with a medical lawyer — the Prikhodko & Partners team will help formalise the changes and expand your medical licence.
Юридичні послуги для медичного бізнесу та лікарів
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