Non-Governmental Health Facility - conditions for obtaining the licence
28. 2. 2010 | Source: Ministry of Industry and Trade of The Czech Republic
The present document sets forth conditions and further information for the registration of a non-governmental facility.
General conditions of registration
- Where the operator of a non-governmental facility is an individual (natural person), they must:
- have full legal capacity
- be a person of probity – a person of probity is someone who has never been found guilty of a deliberate criminal offence or criminal negligence committed in association with the provision of health care.
- possess professional eligibility and medical eligibility corresponding to the type and scope of health care provided by a non-governmental facility.
- Where the operator of a non-governmental facility is a legal entity, or an individual who does not possess the professional eligibility corresponding to the type and scope of health care provided by the non-governmental facility concerned, they must appoint an expert representative. The expert representative must be employed or analogously contractually engaged with the operator of the non-governmental facility, unless they are in charge of the professional management of the non-governmental facility as an associate of the company acting as operator.
Application requirements for registering operators of non-governmental facilities:
- name, surname, permanent residence and birth number where the operator of the non-governmental facility is an individual; where the operator of the non-governmental facility is a legal entity, name, registered address, legal status, name, surname, permanent residence and birth certificate number of the person or persons who make(s) up the statutory body and name, surname, permanent residence and birth certificate number of the expert representative,
- type and scope of health care provided,
- place from which the non-governmental facility concerned will be operated, including details of ownership or the leasing relationship,
- start-up date for the non-governmental facility.
- documentary proof of completed education, certificate of medical fitness ,
- approval of the body in charge of registration with the staffing arrangements and material provision, and with the type and scope of health care provided by the non-governmental facility concerned. Where the establishment operated is a pharmacy, a certificate of material and technical equipment shall be issued by the State Drugs Control Institute,
- approval by the Ministry of Health, when establishing a centre for identifying donors of haematogenous cells or a transplantation centre carrying out the removal and transplantation of organs,
- approval of the Ministry of Health for the practices and methods of assisted reproduction where the implementation of assisted reproduction methods and procedures is concerned,
- a certificate of authorisation to pursue the medical profession without expert supervision, issued by the Ministry of Health of the Czech Republic, subject to a special legal regulation
- a code of procedure approved by the locally competent regional public health authority (krajská hygienická stanice)
- approval by the State Drugs Control Institute of the material and technical equipment where running a dispensary for medical devices is concerned,
- approval by the Czech Spa and Spring Inspectorate where a non-governmental spa care facility is concerned
- approval by the Ministry of Health of the Czech Republic where a non-governmental facility operated by a foreign legal entity or individual is concerned, save for EU Member State nationals or legal entities complying with conditions under Article 48 of the Treaty Establishing the European Community,
- contract with a governmental health facility or non-governmental facility, the effectiveness of which is subject to a decision on registration, where health care is to be provided pursuant to a lease contract. The lease or sublease contract must not restrict the tenant or sub-tenant in their free exercise of the profession.
Type of licence
- Locally competent Regional Authority
Control and supervisory bodies
The chambers below oversee the respective professionalism of the health care provided by their members:
- Czech Medical Chamber
- Czech Dental Chamber
- Czech Chamber of Pharmacists
Body in charge of registration (competent body) for non-medical fields and expertise.
Procedure for granting a licence
- The applicant shall submit their registration application to the locally competent regional authority.
Application clearing deadline
- General time limit of 30 days.
- CZK 1000
Validity period of licence
- Indefinite term.
Authorisation granted by expiration of deadline period
- Act No. 160/1992 Coll., on health care in non-governmental health establishments
Professional liability insurance
Where the operator of a non-governmental facility employs at least one staff member, they shall enter into a professional liability insurance contract covering any damage or loss incurred by their staff member(s) in carrying out their occupational duties or in direct association with the same, for which the operator shall be held accountable. The operator of a non-governmental facility shall have a valid insurance policy at all times, whereby the insurance policy is effective as of the start date of any employment.
Prior to starting the activity, the operator of a non-governmental facility shall enter into contract with an insurance company operating in the territory of the Czech Republic to insure against liability with regard to any damage or loss caused to the population in association with the health care provision. The policy must cover the entire term during which the operator of a non-governmental facility provides health care.
Related legal regulations
- Act No. 20/1966 Coll., on public health care
- Decree No. 49/1993 Coll., on technical and material requirements for equipping healthcare facilities