Private clinic permission Unfortunately this specification of service has not yet been completely translated.
If you want to run a private hospital, you need a commercial license, a so-called concession. In the sense of commercial law, a hospital is a facility that serves the healing and care of patients and in which the patients are treated in-patient, i.e. also housed and cared for.
Only private, commercially operated hospitals need such a permit. Public bodies and those operated for charitable, charitable or scientific purposes do not need permission. In contrast to these, the entrepreneur who runs the private hospital intends to make a profit from the business.
The entrepreneur can, but does not have to be a doctor herself. Where the entrepreneur is a doctor, a distinction must be made between institutions which serve the exercise of her professional activity (e.B. the surgeon's clinic) and establishments which are not directly related to the professional activity and are designed for profit.
The authorisation indicates whether the facility is used to operate a private hospital, a private detention centre or a private mental hospital (or a combination of these facilities). Homes housing mentally ill or mentally disabled people and providing only occasional medical care are not private hospitals.
- Identity card or national passport
- commercial register extract (which must be submitted by companies registered in the commercial register)
- Information from the Central Trade Register (should not be older than 6 months)
- Certificate of leadership (should not be older than 6 months)
- Description of the therapy concept, the type, number and occupancy of the rooms as well as the staffing
for non-EU nationals
- Where applicable, residence permits
There is a right to the permit. This does not apply if:
- Facts are available which demonstrate the unreliability of the entrepreneur in relation to the management or management of the clinic. In addition to a lack of economic capacity, tax debts or relevant criminal penalties, the fact that a concession has already been withdrawn or that a private hospital has been operated without the necessary authorisation is regarded as an indication of unreliability.
- Facts that make the adequate medical and nursing care of patients seem unguaranteed. Although the entrepreneur does not have to be a doctor himself, it is necessary to ensure that sufficient medical expertise is available (e.B. through the employment of doctors and nurses) and that a certain minimum standard is guaranteed by the medical-technical institution.
- in accordance with the descriptions and plans to be submitted by the entrepreneur, the building and other technical facilities of the institution or clinic do not meet the sanitary requirements. The concession is granted for certain premises and does not replace the building permit.
- the institution or clinic is to be housed only in part of a building also inhabited by other persons and its operation may cause considerable disadvantages or dangers for the roommates of that building.
- the institution or clinic is intended to take in persons with contagious diseases or mentally ill persons and, due to their local location, may cause significant disadvantages or dangers to the owners or residents of neighbouring land.
Permission is granted to a specific natural or legal person. If the company is a partnership, each of the managing partners requires a permit.
The concession does not replace other statutory permits and permits.
Section 30 Trade Code (GewO)
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