The Scope of the Law and the Right to Practise
The Law on Medical Activity governs the legal relations between the subject of independent medical practice, the paramedic and state authorities, natural persons and legal entities. The right to independent medical practice belongs to a citizen of Georgia or another state or a stateless person who has graduated from a state-accredited higher medical institution and received a confirming state certificate as the law establishes. It exists only in the specialty indicated in the certificate, save statutory exceptions. There is also a prohibition: the right may not be held by a person whom a court has deprived of the right to practise medicine under the law on combating crimes against sexual freedom and inviolability.
Foreign Education and Temporary Practice
A foreign-educated person receives the right where the diploma is recognised in Georgia; the list of such countries is set by the health and education ministries. The law distinguishes categories of countries: holders of certificates from one list receive the state certificate without an examination, while graduates from the other list receive it through the state certification examination after meeting immigration requirements. A foreign specialist may be invited for temporary practice or one-time services: the right is granted once for up to 1 year, in listed specialties and from listed countries, by the Professional Development Council, which may extend the term as set by the minister. The written consent of the receiving institution is required beforehand; in life-threatening conditions the documents may follow the service.
Certification and the State Certificate
Certification assesses professional knowledge and practical skills and is mandatory for the right to independent practice in every listed specialty. The state certificate is a state document confirming the right to independent practice and determines the medical specialty; it is mandatory only for independent practice, is a document of strict accounting whose transfer to another person is prohibited. The certificate is issued on the basis of an application, a copy of the diploma, a postgraduate education certificate, a supervisor's recommendation, a certificate confirming the examination, an employment document and a description of the work carried out in the last 2 years in the relevant specialty. The certificate is issued by the Council — created by ministerial order, chaired by the minister, with representatives of the ministry, medical universities, state agencies, physicians' associations, the public and medical and scientific institutions. The Council approves the examination programme, creates commissions and reviews results.
Examination, Refusal and Validity of the Certificate
The state certification examination is unified nationwide; those who have completed a postgraduate course in the relevant specialty in Georgia or a listed country are admitted. In case of a negative assessment, the person has the right to retake the examination within the following one year only twice, with a 6-month interval between examinations. The Council may refuse where the documents do not meet the requirements, where the right to the activity was deprived, or where suspension grounds persist; refusal must be notified in writing, refusal on quantitative grounds is prohibited, and the decision may be appealed in court. The certificate is valid indefinitely from the issuance decision; it becomes void on death, at the holder's request, or on discovery of forged documents.
Supervision and Professional Liability
State supervision is exercised by the ministry through the Council, with the participation of university clinics, physicians' associations and other public organisations. For improper conduct of independent practice the law provides: a written warning; suspension of the validity of the state certificate; cancellation of the state certificate; restriction on prescribing narcotic, psychotropic and alcohol-containing medications; as well as other measures provided by Georgian legislation. The decision on such liability is taken by the Council, and the subject has the right to appeal it in court.
Frequently Asked Questions on the Medical Practice Permit
Below are short answers, grounded in the law, to the questions most frequently asked about the medical practice permit.
Who may engage in independent medical practice?
A person who has graduated from an accredited higher medical institution and received a state certificate; practice is allowed only in the specialty indicated in the certificate.
For what term is the certificate valid?
For an indefinite term, from the day of the issuance decision; temporary practice by a foreign specialist is granted for up to 1 year.
How is the examination retaken?
After a negative assessment, a retake is possible within the following one year only twice, with a 6-month interval.
When is the certificate refused?
Where the documents are non-conforming, where the person seeks a certificate for an activity of which the right was deprived, or where suspension grounds persist; refusal on quantitative grounds is prohibited.
What sanctions exist for improper conduct?
A written warning, suspension or cancellation of the certificate and restriction on prescribing narcotic, psychotropic and alcohol-containing medications; the decision is taken by the Council.
How We Help on Legal.ge
The lawyers of Legal.ge will help you prepare the documentation and application, resolve recognition of foreign education, arrange temporary practice and appeal refusals and Council decisions. Contact us — we will protect your professional rights.