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Basic Rules and Conditions for Setting up a Medical Establishment

What are the basic standards and conditions for setting up a medical institution?

Each institution needs to meet certain basic conditions when it is established. Only those who meet the requirements can be recognized by the relevant departments.

What are the criteria for setting up medical institutions?

According to the Basic Standards of Medical Institutions (Trial), "this standard (ie, the basic standard of medical institutions) is the minimum standard that medical institutions must meet to practice, and is the basis for the health administrative department to issue the License for Medical Institutions.

If it is really difficult to implement this standard, the health administrative departments of provinces, autonomous regions, and municipalities directly under the Central Government may adjust certain indicators according to the actual situation, as a local standard, and report it to the Ministry of Health for approval after implementation.

Medical institutions that have not yet adopted this standard can be comparable to similar medical institutions. Basic standards are implemented.

The basic standards for ethnic hospitals are formulated by the health administrative departments of provinces, autonomous regions and municipalities directly under the Central Government. "


Conditions for setting up medical institutions

According to the "Regulations for the Management of Medical Institutions", there are six requirements for applying for registration of medical institutions and obtaining the License for Medical Institutions:

  • Approval letter for setting up a medical institution
  • Comply with the basic standards of a medical institution
  •  Have a suitable name, organization and place
  • There are funds, facilities, equipment and professional health technical personnel suitable for the business they carry out
  • There are corresponding rules and regulations
  •  Being able to independently bear civil liability

 

According to the "Provisional Administrative Measures for Individual Opening of Physicians and Traditional Medicine Practitioners" of most countries, individual medical practitioners and traditional medicine practitioners are issued with business licenses by the county (urban) health administrative department.

Also, they are subject to supervision and management and charge management fees.

Individual medical practitioners and traditional medicine practitioners must obtain an operating license before they can practice.

Individual medical practitioners and traditional medicine practitioners should practice strictly in accordance with the approved location, diagnosis and treatment subjects and business scope, and change the location, diagnosis and treatment subjects, business scope and clinic name should be reported to the licensing authority for approval.

Those who start business in other provinces, cities and counties must apply for a business license at the health administrative department in the area where they are visiting.

 

Anyone with one of the following qualifications can apply for individual business:

(1) Those who have obtained a diploma from a higher medical school, have been engaged in the professional work for more than three years in the state and collective medical institutions (dental, acupuncture, and massage for more than 2 years), and have passed the examination by the local and municipal health administrative departments.

 

(2) In accordance with the provisions of the Ministry of Health on the evaluation of professional titles of health technicians and the employment system, after obtaining the qualification of a doctor, he has been engaged in the professional work for more than 3 years in the state and collective medical institutions (dental, acupuncture, massage for more than 2 years), Qualified by the local and municipal health administrative departments.

 

(3) Pass the unified examination and assessment of the health administrative departments of provinces, autonomous regions, and municipalities directly under the Federal Government of most countries in such case, obtain the qualifications of physicians and  medicine practitioners, and engage in professional work for more than 3 years (dental, acupuncture, massage, and massage for more than 2 years) in medical institutions recognized by the state. Qualified by the local and municipal health administrative departments.

 

Anyone who is in one of the following situations may not apply for business opening:

(1) Patients with mental illness

 

(2) Those who have been seriously guilty of practicing and have been disqualified as physicians or medicine practitioners

 

(3) In-service personnel of public-owned and collectively-owned health institutions

 

(4) Others who are not suitable for practicing medicine

 

In Asia, according to the Supplementary Regulations for the Administration of Individual Business Practice of Chinese Medicine Personnel, anyone who has one of the following qualifications and who is not currently working in a state or collective medical institution may apply for individual medical practice:

 

(1) Those who have obtained the qualification certificate of Chinese medicine practitioners

 

(2) Those who have obtained any qualification certificate for Tibetan, Mongolian, Uighur, Dai, etc

 

(3) According to the spirit of the "Notice on Relevant Issues Regarding the Examination of Existing Chief Officers of Traditional Chinese Medicine Skills" of the State Administration of Traditional Chinese Medicine, qualified senior officers of private Chinese Medicine Skills upon review.

 

Rules and Medical Instutions Conditions

Chinese medicine practitioners (including medical doctors of various nationalities) can only be opened in rural Zhang and village areas, and in cities and towns, they can only practice with individual professional technicians above the level of Chinese medicine practitioners.

The qualified personnel of the first-in-person skills of private Chinese medicine can only be opened in the local county (district).

 

Basic requirements for the legal person application of medical institutions in Asia

To apply for registration of reinstatement of medical institutions, the following conditions should be met:

 

1. There is an approval letter for setting up a medical institution

 

2. Meet the basic standards of medical institutions

 

3. Have a suitable name, organization and place

 

4. There are funds, facilities, equipment and professional health technicians suitable for the business they carry out

 

5. There are corresponding rules and regulations

 

6. Ability to independently bear civil liability

 

The practice registration of a medical institution shall be handled by the health administrative department of the people's government that approved its establishment.

The practice registration of medical treatment institutions established in accordance with the provisions of Article 13 of these regulations shall be handled by the health administrative department of the people's government of the province, autonomous region or municipality directly under the Central Government.

 

More Requirements for Setting up Medical Institution

Units or individuals setting up medical institutions should be aware of the application for setting up according to the following provisions:

 

1. Medical institutions that do not have beds or have fewer than 100 beds should apply to the health administrative department of the county-level people's government in their place.

 

2. Medical institutions and specialized hospitals with more than 100 beds apply in accordance with the regulations of the provincial health administration department.

 

The health administrative department of the local people's government at or above the county level shall give a written reply to approve or disapprove within 30 days of accepting the application for establishment.

If the establishment is approved, an approval letter for the establishment of a medical institution shall be issued.

 

The legal person of the outpatient department and clinic should meet the following conditions:

(1) Obtained the People's Republic of China Practitioner Qualification Certificate

(2) Healthy and able to preside over medical work in person

(3) Engaged in clinical work for more than 5 years in medical, prevention and health care institutions

 

The second person in charge and the person in charge of the hospital should meet the following conditions:

(1) Obtained the People's Republic of China Practitioner Qualification Certificate

(2) Healthy and able to preside over medical work in person

 

In any of the following circumstances, it is not allowed to apply for the establishment of a medical institution:

(1) Units that cannot independently bear civil liability

(2) An individual who is serving a sentence or is not fully capable of civil conduct

(3) Medical personnel who have less than 5 years of special medical accidents at level 2 or higher

(4) Medical staff who have been revoked the "Physician's Practicing Certificate" due to violation of relevant laws, regulations and rules

(5) The legal representative or main person in charge of a medical institution whose "Practice License for Medical Institutions" has been revoked Medical personnel who are in one of the circumstances listed in items 2 to 5 above and who are in the medical institution, retired due to illness, or stay without pay shall not serve as the legal representative or principal person in charge of the medical institution to be established.



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