Question from readers: I am a dentist and I want to buy a space for professional use. What is the last legal regulation that refers to the mandatory space conditions for setting up a dental office?

The lawyer’s answer:

On June 5, 2020, Order no. 482 bis was published in the Official Gazette. 1010 of June 3, 2020 on amending and supplementing the Order of the Minister of Health and Family no. 153/2003 for the approval of the Methodological Norms regarding the establishment, organization and operation of medical offices.

The main changes concern the following aspects:

– The dental medical units must also state the list of medical services provided., upon registration of the medical offices in the unique Register of the medical offices from the County Public Health Directorate,

– In the same space aimed at being used as medical office, no more than two medical offices can be established and only if the conditions of compatibility between the specialties regarding medical services provided are met.

– Any change in the list of medical services provided, as well as in the list of employed medical staff will be notified to the competent public health directorates where the medical unit operates. In case of modification of the list of provided medical services, the county or Bucharest public health directorates will proceed to issue a supplement of the registration certificate in the Single Register of medical offices with the updated list of medical services.

– The health units will request for approval whenever there are changes of the list of provided medical services from the territorial colleges of doctors in whose radius they carry out their activity approval, as well as changes the list of specialized medical personnel employed with individual employment contract or in another form.

 

NB:

The answer is a general one and refers to the analysis and indication of the incidental legal texts, in this case Order no. 153 of February 26, 2003 for the approval of the Methodological Norms regarding the establishment, organization and operation of medical offices, published in the Official Monitor with number 353 of May 23, 2003, alongside the amendments and completions up to date.

 Aspects of initiating real estate proceedings for the establishment of a dental office are not as such regulated by law, which is why any solution in this regard remains to be deduced by interpretation, on which occasion, in the absence of a constant and predictable practice of public authorities and institutions in Romania – Public Health Directorates and Urban Planning Commissions at the local level – the solutions proposed by national legislation will not be able to find their full applicability.

Therefore, any advice provided may be incomplete and will essentially depend on the practice of the Directorates of Public Health and Local Planning Services – on issues of legislative interpretation, as well as the documents and information provided in each particular case, which exceeds the general response framework provided within our consultancy.