RESOLUTION OF COUNCIL OF MINISTERS OF THE REPUBLIC OF BELARUS

of October 20, 2003 No. 1378

About approval of regulations on licensing of types of activity, issue of licenses for which is performed by the Ministry of Health,

Concerning this resolution see the Conclusion of the Constitutional Court of the Republic of Belarus of February 20, 2004 No. Z-170/2004 (The national register of legal acts of the Republic of Belarus, 2004, No. 35, 6/397)

In pursuance of the Decree of the President of the Republic of Belarus of July 14, 2003 "About licensing of separate types of activity" the Council of Ministers of the Republic of Belarus DECIDES: No. 17

1. Approve enclosed:

Regulations on licensing of medical activities;

Regulations on licensing of pharmaceutical activities;

Regulations on licensing of the activities connected with drug trafficking, psychotropic substances and their precursors.

2. This resolution becomes effective since November 1, 2003.

The Resolution of Council of Ministers of the Republic of Belarus is approved on October 20, 2003 No. 1378

Regulations on licensing of medical activities

1. This Provision is developed according to the Decree of the President of the Republic of Belarus of July 14, 2003 No. 17 "About licensing of separate types of activity" (The national register of legal acts of the Republic of Belarus, 2003, No. 79, 1/4779) (further the Decree).

2. Issue of special permissions (licenses) for implementation of medical activities (further - the license), their duplicates, modification and (or) amendments in licenses, suspension, renewal, prolongation of effective period of licenses, the termination of their action, cancellation of licenses, control of implementation by the licensee of medical activities (further - the licensed activities) are performed by the Ministry of Health according to the Decree and this Provision.

3. The right to the license is had:

legal entities of the Republic of Belarus;

the individual entrepreneurs registered in the Republic of Belarus;

the foreign legal entities and the foreign organizations created according to the legislation of foreign states in the presence of the representation opened in accordance with the established procedure in the territory of the Republic of Belarus.

In the cases established by legal acts, the right to the license for the separate works and services constituting the licensed activities is provided only to the state organizations of health care.

4. In this Provision the main terms and determinations in the values established by the Decree are used.

5. The licensed activities are constituted by works and services according to appendix 1.

6. The licensed requirements and conditions shown to the license applicant and the licensee when implementing of the licensed activities are:

6.1. fulfillment of requirements and the conditions established by the regulatory legal acts, including technical regulatory legal acts operating in the field of the licensed activities;

6.2. availability on the property right or other legal cause of the rooms, the equipment, transport used when implementing of the licensed activities;

6.3. implementation of the licensed activities in the places specified in the license;

6.4. accomplishment of the special licensed requirements and conditions established in Item 7 of this provision.

7. Special licensed requirements and conditions for the license applicant and the licensee when implementing of the licensed activities are:

7.1. for the legal entity:

7.1.1. the head of the organization of health care or at the head of separate division has availability of the organization which is not the organization of health care or at person responsible according to the order of the head for the licensed activities in the organization which is not the organization of health care:

the higher medical education;

the first or highest qualification category on the organization of health care or specialty corresponding the declared license applicant or to the works and services constituting the licensed activities which are carried out by the licensee;

the document on advanced training or retraining on the organization of health care or specialty corresponding the declared license applicant or to the works and services constituting the licensed activities which are carried out by the licensee;

7.1.2. availability at least at one of workers of the legal entity for each declared work and the service constituting the licensed activities in all places of implementation of these activities:

the higher and (or) secondary medical education;

the first or highest qualification category (for average health workers - qualification category) in the specialty corresponding the declared license applicant or to the works and services constituting the licensed activities which are carried out by the licensee;

the document on advanced training or the retraining in the specialty corresponding the declared license applicant or to the works and services constituting the licensed activities which are carried out by the licensee;

7.2. for the individual entrepreneur availability:

the higher or secondary medical education;

the first or highest qualification category (for the individual entrepreneur having secondary medical education, qualification category) in the specialty corresponding the declared license applicant or to the works and services constituting the licensed activities which are carried out by the licensee;

the document on advanced training or the retraining in the specialty corresponding the declared license applicant or to the works and services constituting the licensed activities which are carried out by the licensee.

The special licensed requirements and conditions established in paragraphs of third subitems 7.1. 1, 7.1.2 and 7.2 parts one of this Item, do not extend on:

job seekers of licenses in case of receipt of the license for implementation of the licensed activities and licensees in case of its implementation in the settlements which are in zones of radioactive pollution;

workers of the individual entrepreneur and workers of the legal entity, except the workers specified in paragraph one of subitem 7.1.2 of part one of this Item on condition of accomplishment of licensed requirements and conditions about availability of the higher or secondary medical education, advanced training or the retraining in the specialty corresponding the declared license applicant or to the works and services constituting the licensed activities which are carried out by the licensee by them.

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