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Which persons have the right to practice medicine?

Which persons have the right to practice medicine?

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Medical activity in Ukraine can be carried out in different directions. This right is enshrined by law only for those people and institutions that meet the Licensing Conditions. If you engage in medical activities without prior permission, you will face legal liability and the obligation to pay a fairly large fine. In more detail about what requirements a future licensee must meet, we will consider in the article below.

What types of medical activities are available to individuals today?

Which persons have the right to practice medicine?

Today, medical practice encompasses four main groups of activities - primary, specialized, emergency or rehabilitation medicine, respectively. The main list of the most typical types of activity in this area includes general medical specialties (full higher medical education is required), consisting of the following areas:

  • rehabilitation medicine, physical therapy, physiotherapy;
  • therapy, cardiology, gastroenterology, neurology;
  • surgery, anesthesiology;
  • gynecology, pediatrics;
  • psychiatry, medical psychology;
  • ophthalmology, urology;
  • dentistry, orthodontics;
  • laboratory diagnostics and virology.

It is also worth mentioning some types of activities for which it will be enough to obtain a special education (secondary medical). These include nursing, paramedical, obstetrics and pharmacy. To learn more, we suggest you book a consultation with our medical law lawyer.

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What requirements must individuals meet to practice medicine?

Regarding education

According to Articles 74-75 of the Fundamentals of Ukrainian Legislation on Healthcare, only those who have a state-standard diploma of higher or professional pre-higher education in the relevant field of training have the right to practice medicine. At the same time, it is worth emphasizing that a diploma alone is not enough, since a specialist must also have a certificate in a separate specialization. This corresponds to the principle of continuous professional development, according to which doctors are obliged to improve their qualifications every year. In addition, a specialist must also be included in the eHealth electronic system when he is either an employee of a medical institution or conducts his own activities independently.

Regarding the material and technical base

For the legal conduct of medical activities, the applicant must develop a package of documents, including the charter, regulations on departments (if this is a medical center), staffing, job descriptions and internal regulations. Most of these documents will ensure that the center is properly staffed with additional doctors and nurses, but there should also be documentation on the person and the premises and medical equipment. According to general rules, the person must be provided with:

  • own or rented premises that meet the standards of the State Code of Medical Sciences in terms of area and equipment;
  • unified clinical protocols that can be used to track the level of compliance of the premises and equipment with legislative requirements;
  • a regulation (procedure) on the processing of personal data, since any doctor collects such data about his patients and stores them properly;
  • an expert opinion on the accessibility of the building for people with disabilities, etc.

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Regarding registration in the Ministry of Health database (for medical institutions)

Finally, if you plan to open a medical center, the first step is to enter it into the Ministry of Health databases, in particular the Electronic Health System (EHS) or eHealth. The head of such an institution, having his own CEP, creates a card of the institution in this system and indicates all doctors who meet the licensing requirements. It is also worth noting that if the medical center plans to receive payment from the state for the implementation of certain types of activities (such as prosthetics for the military), then it is necessary to undergo additional registration on the NSZU platform.

When is it not necessary to obtain a license to conduct medical activities?

Current national legislation identifies several cases where a license for medical activities is not required - when conducting healing (traditional medicine) or when working in a cosmetology center (if this is associated exclusively with care measures without injections or hardware treatment). Thus, a license will not be required for:

  • traditional methods of health improvement (here a special permit from the Ministry of Health will be required);
  • hygienic cleansing of the face and body;
  • aesthetic massage;
  • depilation (except laser);
  • beauty procedures.
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How can a medical law lawyer help you?

With the necessary experience and qualifications, a medical law lawyer from the company “Prikhodko & Partners” helps at a critically important moment for both a professional doctor and a medical institution. His support in the context of obtaining a license to engage in medical activities will include:

  • professional legal advice;
  • development of internal documentation for a future clinic;
  • development of contracts for the provision of medical services;
  • submission of an application for a license or special permit from the Ministry of Health;
  • support in cases of protection of medical confidentiality, medical negligence;
  • appeal of unlawful refusals to issue conclusions, permits and licenses for a medical institution;
  • professional support during inspections (tax, Ministry of Health and other services);
  • legal representation in disputes with other clinics, etc.

Would you like to get legal advice and find out how much his services will cost you? Then we suggest you fill out the form below and start taking the first steps in the medical licensing process today.

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