Medical practice as a regulated activity - check how to set it up

Providing medical services as part of your own practice is a dream of many medical students. Its fulfillment is not as difficult as it may seem (except, of course, getting a diploma). A medical practice can also function in the simplest form, i.e. as a sole proprietorship. It differs from classic small companies only in that it is considered a regulated activity.

Regulated activity - what does it mean?

The basic principles of establishing and running your own business have been included in the Act on the freedom of economic activity of July 2, 2004. This legal act also defines regulated activities, which also include medical practice.

 

The Act on the freedom of economic activity Art. 5, point 5 Regulated activity - economic activity, the performance of which requires the fulfillment of specific conditions specified by law. Art. 64 sec. 1 If the provision of a separate act stipulates that a given type of activity is a regulated activity within the meaning of this Act, the entrepreneur may perform this activity if it meets the specific conditions laid down in the provisions of this separate act and after being entered in the register of regulated activities, subject to Art. 75.

 

In line with the above, setting up this type of company requires not only meeting the basic conditions, such as registration at the office, reporting to the Social Insurance Institution and the tax office, etc. It is also necessary to complete additional formalities contained in a relevant separate act. In the case of medical practice, it will be the Act on medical activity of April 15, 2011.

 

Act on medical activity Art. 5.1. Doctors and nurses may practice their profession as part of medical activities on the terms specified in the Act and in separate regulations, after entering into the register of entities performing medical activities referred to in Art. 100.

Medical practice - in what form?

As indicated at the beginning, medical activity can be conducted in the simplest form, i.e. as a sole proprietorship. In addition, doctors and nurses also have additional options to choose from - their full list is indicated in Art. 5 sec. 2 of the Act on medical activity. Pursuant to this provision, the medical activity of doctors and nurses may be performed in a sole proprietorship as:

• individual medical / nurse practice,
• individual medical / nurse practice only at the place of call,
• individual specialist medical / nurse practice,
• individual specialist medical / nurse practice only at the place of call,
• individual or individual specialist medical practice / nurses only in the enterprise of the medical entity on the basis of an agreement with this entity,

or in the form of a civil partnership, general partnership or partnership as a group medical or nurses practice.

Registration of a medical practice

Once the doctor or nurse has decided on the form of activity and completed the formalities for registration with the commune and tax offices as well as the Social Insurance Institution, it is time to register your regulated activity in the register of entities conducting medical activity.

In order to register, an application must be submitted to the appropriate authority keeping the register - it will be the District Medical Council (ORL) or the District Council of Nurses and Midwives (ORPiP), competent for the place where the professional practice of a doctor or nurse is performed.

What should the application contain? Pursuant to Art. 101 and 102 of the Act are to include:

• name and surname of the doctor / nurse,
• number of the document confirming the license to practice as a doctor / nurse,
• form of medical activity and the scope of provided health services, including the scope referred to in art. 30 of the Act of December 5, 1996 on the professions of doctor and dentist,
• the address of the place where health services are provided or the place where summons are received and medical documentation is stored, also in the scope referred to in art. 30 of the Act of December 5, 1996 on the professions of doctor and dentist, in the case of performing medical practice only at the place of call,
• Tax Identification Number (NIP),
• correspondence address,
• specializations held,

in the case of establishing an internship in the form of business activity.

If a group medical or nursing practice is established, the above data should be supplemented with:

• a list of doctors / nurses, partners or partners of the company, indicating the names and surnames, their places of residence and the name and surname of the person authorized to represent the company,
• signature of a person authorized to represent the company, indicating the name and surname and function.

The application should also be accompanied by an additional statement, the content of which (pursuant to Article 100 (2)) should read:

 

I declare, that: 1) the data contained in the application for entry in the register of entities performing medical activities are complete and truthful; 2) I am aware of and meet the conditions for performing medical activities in the scope covered by the submitted application, specified in the Act of 15 April 2011 on medical activities (Journal of Laws of 2013, item 217).

 

Additionally, the declaration should include the name and surname, name or company of the applicant, his address of residence or registered office, designation of the place and date of submission of the declaration, and the signature of the person authorized to represent the applicant, indicating the name and surname and function.

Along with the declaration, one should submit to the authority keeping the register the documentation confirming the fulfillment of the conditions for the performance of medical activities.

Necessary fees

Before a doctor or nurse starts earning money from their medical practice, they must first invest some funds. Pursuant to Art. 105 sec. 1 for entry in the register, a fee of 2% of the average monthly salary in the enterprise sector is charged without the payment of awards from the profit for the previous year, announced by the President of the Central Statistical Office in the Official Journal of the Republic of Poland "Monitor Polski", in force in the date of submitting the application for entry in the register.

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Changing the entry in the register is subject to a fee 50% lower than the above fee, while the application for changing the entry in the register, which concerns only the presentation of the insurance document confirming the conclusion of the insurance contract, is free of charge.