CONSULTANCY FOR ESTABLISHMENT OF A CENTER OF PSYCHIATRY ACCORDING TO CURRENT LEGAL PROVISIONS - OTIS LAWYERS

Recently, OTIS LAWYERS received a consultation request from a client who needed advice on conditions and procedures for establish a psychotherapy center. Below, OTIS would also like to share with readers so that everyone can understand the basic requirements for a psychotherapy center. From there, it is possible to check the legitimacy of psychotherapy centers that people are interested in to avoid cases of being cheated or encountering illegal, poor-quality centers.

Consulting content

About the Psychiatric Clinic

According to the provisions of point l, Clause 4, Article 25 of the consolidated document 01/VBHN-BYT in 2016, the Psychiatric Clinic will perform the following activities:

• Emergency, medical examination and outpatient treatment for mental illness and epilepsy;
• Performing psychotherapeutic therapies;
• Other professional techniques are approved by the Director of the Provincial Department of Health on the basis of the actual capacity of the practitioner and the medical equipment and facilities conditions of the clinic.

Thus, the implementation of psychotherapeutic therapies will fall within the scope of professional activities of the Psychiatric Clinic.

Industry, profession of medical examination and treatment

According to the Vietnam Economic Industry System, the activities that customers intend to do business can be classified into the following industry codes:

• 8620: Activities of general, specialty and dental clinics.
• 8699: Other medical activities n.e.c. (Details: Physical therapy, medical massage, chiropractic, acupuncture, speech therapy)

Thus, in case the Company does not have the above line of business code, you are required to carry out additional procedures for business lines on the Certificate of Business Registration.

Conditions for establishing a Psychiatric Clinic

To establish a psychotherapeutic center - a psychiatric clinic, customers are required to apply for a license for medical examination and treatment. Specifically, customers need to ensure that they meet the following conditions as prescribed in Article 26 of Decree 109/2016/ND-CP as amended and supplemented by Clause 8, Article 11 of Decree 155/2018/ND-CP:

Conditions of facilities

• Have a fixed location;
• Ensure the conditions for radiation safety and fire prevention according to the provisions of law;
• A sterilization area must be arranged to handle reusable medical instruments, unless there is no need to re-sterilize the equipment or there is a contract with another medical facility to sterilize the instruments.

Conditions for medical equipment

• Having enough medical equipment suitable to the scope of professional activities of the Psychiatric Clinic;
• There is a box of anti-shock medicine and enough specialized emergency medicine.

Manpower conditions

• The clinic must have at least one person responsible for professional and technical expertise and must meet the following conditions:
• Being a doctor with a practicing certificate with the scope of professional activities of a Psychiatric Clinic;
• Having practiced medical examination and treatment for at least 36 months after being granted a practice certificate or having directly participated in medical examination and treatment for at least 54 months;
• The assignment and appointment of responsible persons must be made in writing;
• Being an organic practitioner at the establishment.
• Other subjects who conduct medical examination and treatment at psychiatric clinics must satisfy the following conditions:
• Having a practicing certificate with the scope of professional activities of the Psychiatric Clinic;
• There is a written assignment of the person responsible for the professional and technical expertise of the mental health clinic based on degrees, certificates, training certifications and the practitioner's capacity.
• Other subjects participating in the medical examination and treatment process but do not need to be licensed to practice (including medical physics engineers, radiation therapy engineers, speech therapists, psychotherapists and other subjects) other subjects) are allowed to perform activities as assigned by the person in charge of the clinic's professional and technical expertise.

Conditions on the scope of professional activities

Perform professional techniques according to the list approved by the Director of the Department of Health.

Procedures for applying for a license to establish a psychiatric clinic

To apply for a license to operate a psychiatric clinic, customers need to prepare documents and carry out the following procedures as prescribed in Clause 1, Article 43, Decree 109/2016/ND-CP:

Profile composition

• An application form for a license for medical examination and treatment, made according to the Form;
• Certificate of Business Registration or Certificate of Investment Registration (Copy);
• Practicing certificate, Certificate of working process of the person in charge of professional and technical expertise; person in charge of the specialized department of the clinic (Copy);
• List of registered practitioners at the clinic according to the Form;
• A declaration of physical facilities, medical equipment, organization and personnel of the medical examination and treatment establishment according to the Form;
• The list of professional and technical expertise of the Clinic proposed on the basis of the list of technical expertise promulgated by the Minister of Health;
• Documents proving that the medical examination and treatment establishment meets the conditions on physical foundations, medical equipment, and personnel organization suitable to the scope of mental professional activities. Specifically:
• Legal documents related to the location of the clinic such as: Certificate of land use rights, ownership of houses and other assets attached to the land; Tenancy ...
• Labor contract with the person responsible for technical expertise;
• Papers proving eligibility for fire prevention and fighting;
• Contract for collection and treatment of medical waste, with waste collection and treatment units;
• Contract for treatment of wastewater system and Minutes of acceptance of wastewater treatment works (if any).

Procedures

Step 1: Submit an application for an operating license to the Department of Health

Step 2: The Department of Health receives and sends the Receipt Form

Step 3:  Within 45 days from the date of receipt of complete dossiers, the Department of Health will consider appraising the dossiers and verifying them at the establishment to issue a family license (Note: The above time may be extended because of the dependency. greatly in the appraisal process of the competent authority and the implementation of additional appraisal requirements of customers).

• Stage 1 - Appraisal of dossier: In case the dossier is not valid, within 10 working days from the date written on the receipt, the Department of Health will issue a written notice requesting completion of the dossier. The processing time will be counted from the date of receipt of complete and additional documents.
• Stage 2 – Appraisal at the facility: After the dossier is complete and valid, the Department of Health establishes an appraisal team and conducts the appraisal at the facility.

Step 4: Return the operation license to the establishment (in case of refusal to issue a household license, the Department of Health must reply in writing and state the reason).

Competent authority: Director of Department of Health

Above are some consulting opinions of OTIS LAWYERS for your reference. If there are any problems related, please report back to OTIS LAWYERS.

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