The Legal Form and Status of a Medical Clinic
Opening a medical clinic begins with the choice of legal form. The law provides that a medical institution may be an entrepreneurial or a non-entrepreneurial legal entity: an entrepreneurial medical institution carries out its activity in accordance with the Georgian law on entrepreneurs, while a non-entrepreneurial one acts in accordance with Georgian legislation generally. The concept of the clinic as a medical institution is precisely defined by law: it is a legal entity of an organisational and legal form permitted by Georgian legislation that carries out medical activity in the prescribed manner.
Together with the status, the law sets financial boundaries. The share of income derived from medical activity in the financial resources of the clinic must amount to not less than 75%, and not less than 75% of the average annual value of the fixed assets on its balance must be allocated to the medical functions. Compared with the previous year, 100% of the income received from medical services performed under internal standards and from other economic activity remains at the disposal of the institution, while the salary fund must constitute not less than 30% of that income.
The Functions of the Clinic and Its Duties Towards Patients
The law enumerates the functions that a medical institution may perform: determining the state of a patient’s health; prophylaxis of diseases, treatment, rehabilitation or palliative care; midwifery activity; pharmaceutical activity; pathologoanatomic examination of corpses and forensic medical expertise; and the carrying out of epidemiological control measures. At the same time, the law obliges the clinic to provide emergency medical care to a patient in the cases provided for, to observe the standards, rules and norms established by the legislation regulating medical and pharmaceutical activity, and to ensure equal accessibility of the institution for persons with disabilities.
Licence, Permit and Their Cancellation
In the sphere of medical activity the document confirming the relevant right — a licence and/or a permit — is issued by the ministry, and the list of health-care personnel with the right of employment in a medical institution and with appropriate education is approved by the minister. The rule is unambiguous: medical activity that under Georgian legislation is subject to licensing or permitting may not be carried out without the appropriate licence and/or permit. The procedure for the cancellation of a licence or permit for the relevant medical activity is determined by the Georgian law on licences and permits. When planning a clinic each service must also be classified: some services are fully licensable, others are covered by a permit, and still others fall under the mandatory notification regime.