Private Clinic Permit

Anyone who wants to operate a private hospital (private clinic) needs a trade permit, a so-called concession. A hospital within the meaning of commercial law is an institution that serves the healing and care of patients and in which the patients are treated as inpatients, i.e. also accommodated and fed.

Only private, commercially operated hospitals need such a permit. Public institutions and those operated for non-profit, charitable or scientific purposes do not need permission. In contrast to these, the entrepreneur who operates the private hospital intends to make a profit through the operation.

The entrepreneur can, but does not have to be a doctor himself/herself. If the entrepreneur is a doctor, a distinction must be made between institutions that serve the exercise of their freelance activity (e.B. the surgeon's clinic) and institutions that are not directly related to the freelance activity and are designed to make a profit.

The permit indicates whether the facility is intended to operate a private hospital, a private maternity hospital or a private nerve clinic (or a combination of these facilities). Homes in which mentally ill or mentally handicapped people are accommodated and only occasional medical care is provided are not private hospitals.

  • Identity card or national passport
  • if applicable, excerpt from the commercial register (this must be submitted by companies that are entered in the commercial register)
  • Information from the Central Trade Register (should not be older than 6 months)
  • Certificate of good conduct (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

  • if applicable, residence permit

Preconditions

There is a right to permission. This does not apply if

  • There are facts that demonstrate the unreliability of the entrepreneur in relation to the management or administration of the clinic. As an indication of unreliability, for example, in addition to a lack of economic capacity, tax debts or relevant criminal records, in particular the fact that a concession has already been withdrawn or a private hospital has been operated without the necessary permission is considered.
  • There are facts that make the adequate medical and nursing care of patients appear to be unconvinced. Although the entrepreneur does not have to be a doctor himself or herself, it must be ensured that sufficient medical expertise is available (e.B. through the employment of doctors and nursing staff) and that a certain minimum standard is guaranteed at the medical-technical institution.
  • according to the descriptions and plans to be submitted by the entrepreneur, the structural and other technical facilities of the institution or clinic do not comply with the sanitary requirements. The concession is granted for certain rooms, it does not replace the building permit.
  • the institution or clinic is to be accommodated only in a 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 accommodate persons with contagious diseases or the mentally ill and, due to its local location, may cause significant disadvantages or dangers for the owners or residents of the neighbouring properties.

Permission is granted to a specific natural or legal person. If the company is a partnership, each of the managing partners requires permission.

Hints

The concession does not replace other permits and permits required by law.

Related Links

  • ยง 30 Industrial Code (GewO)

Responsible for the content
Lower Saxony Ministry of Economic Affairs, Labour and Transport

Last update or date of publication
13.09.2018