Decree of the Ministry of Health may bury the spa services market in Belarus

Decree of the Ministry of Health may bury the spa services market in Belarus

Not so long ago, running a private medical business seemed to be a rather unpromising occupation against the background of the availability of free medicine in our state. However, more and more people are losing confidence in free medicine and are turning to paid medical organizations. It is there that potential consumers receive an attentive attitude to their health and receive help, albeit for money, but in a timely manner.

Nevertheless, it is not so easy to open a medical organization in practice. It is not enough just to have a medical education, you need to obtain a special permit from the state for the right to conduct medical activities, the so-called license, and for this you need to comply with a large number of requirements established by law.

So what is a medical license?

In fact, a license to conduct medical activities is a special permit obtained from the state for the right to conduct medical practice. To get it, you need to meet a large number of conditions and requirements established by law.

Thus, from the client's point of view, the presence of a license from a medical organization gives potential patients confidence that its employees have the necessary knowledge and experience and have the right to carry out the necessary medical manipulations, and this medical organization can be entrusted your health.

From the point of view of the law and the state, a license is a prerequisite for conducting medical activities.

Undoubtedly, licensing of medical activities is aimed at protecting the constitutional right of Russian citizens to life and health, as well as to qualified medical care.

The pitfalls of obtaining a medical license

It often seems to the license applicant that the main problem in preparing a package of documents is to submit documents confirming the hiring of the necessary personnel that meets all licensing requirements. However, this is not quite true. There are many other problematic issues to be resolved in order to obtain a license.

Let's look at them in more detail.

The first group of requirements that a potential medical organization must meet is the material base

In this case, the room must meet all sanitary and hygienic requirements, have the required level of lighting, the required number of rooms, each office must be equipped, etc. If the staff does not meet the requirements, then it can be easily replaced, and in order to carry out the necessary repairs to the premises that are owned or find a similar one for rent, you have to spend a lot of material resources. This is often the main problem of obtaining a medical license - the inconsistency of the premises with the requirements established by law.

Solariums, manicures, massages, body wraps and even hairdressing services may become medical services and will need to be licensed accordingly. What will this turn into for the industry?

Solariums, manicures, massages, body wraps and even hairdressing services can become medical services, so they will need to be licensed. What will this turn into for the industry?

In 2020, a number of spa services may be classified as medical, which means that spa facilities will either have to obtain a medical license for this type of activity or refuse it.

Note that since 2015, SPA have been officially included in the register of public services with the development of appropriate standards, as well as a clear statement of who can position itself as a spa center, cabinet or salon.

Today, the Ministry of Health of Belarus proposes to amend the existing procedure and highlight the list of services that should be subject to compulsory medical licensing. It can include more than 20 items, including therapeutic massage, salt rooms, cryotherapy, SPA capsules, mud and clay applications, ultraviolet irradiation (solarium), laser hair removal, etc.

According to Tamara Koroleva, Director of the Association of Applied Aesthetics and Spa in Belarus, some formulations in the draft Resolution No. 309 "On the list of procedures (research, manipulations) related to works and services that constitute licensed medical activity" are rather vague , which can cause a double interpretation.

“The concept of therapeutic massage in the current wording can be attributed to almost all types of massage prescribed today in the current spa standards. Even the blinking lights in the hammam or spa capsule can be attributed to light therapy. And the list is endless, ”she said.

Another innovation may be a ban on the work of medical workers in spas that do not have a medical license, which is fraught with a wave of layoffs, staff outflow and the growth of the "gray market".

In addition, in order to obtain a medical license, the premises will need to be redesigned in accordance with the current sanitary standards. And if the big players can afford it, then for the small ones it will be the beginning of the end. Not to mention the fact that not all premises can be redesigned at all, since they were designed and built long before the appearance of the current regulations. It is also unclear how the SanPiN requirements will be applied - according to medical or consumer services standards.

So, for example, according to 107 SanPiN, a common corridor and a waiting room are allowed, but the premises for medical services should be placed in one block, and household ones in another. Today some water parks and hotels in Minsk that provide spa services do not meet this norm.

Re-profiling of premises and obtaining a medical license will increase costs for players, reduce competition in the market and may provoke a significant increase in prices for spa services.

Note that in state institutions at the moment the state sets 30% profitability for aesthetic services. It is difficult to predict how the pricing policy will operate in the context of licensing medical services for private spas, but most likely, prices will be allowed to float, which can also cause their growth. This state of affairs may negatively affect the availability of these services for the population, as well as the development of inbound tourism, which is gaining momentum today, increasing the country's export potential.

Licensing of tourist activities is used to ensure the rights of tourists, as well as to protect them from unforeseen circumstances, which are indicated in contracts as force majeure. An organization that sells tourist vouchers to ordinary citizens - ready-made tour operator packages, must obtain permission to do so. Whether you need a license for tourism activities, how to get it and for what period it is issued, is indicated in the legislative acts. Our licensing attorneys will take care of all the hassle of the procedure as part of obtaining a tour operator license.

Content of the article:

A tour operator license is issued by the Federal Agency for Tourism and regulates the work of a company selling travel services or packages. The data specified in the license is entered into the State Register and deleted if the company fails to fulfill its obligations.

Procedure for obtaining a license for a tour operator

The organization itself or its representative, an individual, can obtain permission to conduct a tourism business. The first priority is to draw up an application for submission to the agency. For a legal entity, the form must contain tax and banking data, as well as the full name and form of doing business. For an individual, it is enough to indicate the passport data.

The following documentation is also required for registration:

  • photocopies of constituent documents with notary certification. It is allowed to provide originals;
  • a copy of the certificate confirming the registration of the organization;
  • a receipt for payment of services for the acceptance and consideration of the package;
  • a certificate from the tax authority. This can be a certificate of registration of the organization or a stamp of authority on the certificate.

A license to carry out tour operator activities for enterprises is issued within a month after consideration and verification of the data provided. The finished form is handed over to the applicant and is a document protected from counterfeiting, made on specialized paper in an accepted form. A license may be refused for some reason, see the link to challenge the refusal to issue a license. This happens if the applicant misrepresented information or provided inaccurate information that was revealed during the audit.

Licensing in tourism is carried out for a period of three years or less if it is the will of the person. Upon its expiration, the permit must be renewed.

Does a travel agency need a license?

In order to understand the question of whether a travel agency needs a license, let's figure out what travel agency activities are. The travel agent is engaged in the promotion and sale of a tourist product, the specified powers are limited to his activities. Only the operator has the right to form a tourist product.

At the same time, the activities of tour operators and travel agencies were previously licensed, and since 2007 these types of activities have not been licensed.

Thus, the travel agency does not need a license.

The medical business is undeniably one of the most difficult. The health and even the life of the patient is in the hands of such organizations, which is why the state so strictly regulates their activities, in particular, by the complex procedure for obtaining a license. And although not everyone can avoid bureaucratic delays, the safety of citizens is more important.

Licensing in this area is carried out on the basis of the Federal Law "On Licensing of Certain Types of Activities"; (excluding medical services of the relevant organizations of the Skolkovo innovation center) (Resolution N 291 of the Government of the Russian Federation).

Peculiarities of permission for medical practice

A license to carry out medical activities is a special permit for the ability to engage in a specific type of activity. In order for a medical structure to receive such a document, it must meet numerous conditions and requirements.

First of all, this is compliance with the laws of the Russian Federation, as well as sanitary and hygienic and environmental standards. Medical institutions have specific requirements, which consist, first of all, in strict compliance with the qualifications of employees in the chosen field of activity.

Where is the state duty for LLC registration paid? Where can I get the requisites?

If you want to open an IP yourself, then step-by-step instructions are in the article.

A separate document must be obtained for each type of medical practice that is subject to licensing. The list of activities in the field of medicine, for which such a permit is required, is determined by the legislation of the Russian Federation, therefore, each leader who decides to engage in business in the general medical field must first make sure that it is not included in the list to confirm their professional rights. If an organization has been issued a license for medical practice, it can provide services in any constituent entity of the Russian Federation; before starting work, it is necessary to notify the relevant authorities about this.

Currently, in accordance with Part 4 of Art. 9 of the Law, the license for medical activity is unlimited. You can only deprive this right in certain unforeseen situations or after the closure of the institution.

When do you need a document?

In accordance with clause of the Regulation on Medical Licenses, institutions providing the following services must undergo this procedure:

  • Primary health care, specialized care.
  • Ambulance (including specialized).
  • Palliative medical care, spa treatment.
  • Carrying out examinations, medical examinations, surveys.
  • Sanitary and anti-epidemic measures.
  • Tissue and organ transplant.
  • Work with medical purposes with donated blood and its preparations.

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