Regulations Regarding the Inspection of Hospitals and the Provision of Health Services Without Permission in Turkey

March 4, 2024by Bünyamin Esen0

The Basic Law on Health Services No. 3359 is the primary legislation in Turkey regarding implementation principles and procedures of healthcare services in Turkey. The law covers both the private and public healthcare services and facilities.

With the Law No. 7496 published in the Turkish Official Gazette dated 01.03.2024, significant changes were made regarding regarding the provision of health services in Turkey and the sanctions to be applied to the provision of health services without permission.

Accordingly, it was stated that the Ministry of Health would supervise and audit all health services, including healthcare tourism activities, and the sanctions regarding the provision of health services without permission were aggravated.

With the amendment made to the Health Services Basic Law No. 3359, the following provision is made: “All work and transactions related to the provision of health services are inspected by the Ministry of Health. This provision also covers the activities of all organizations within the scope of international health tourism.”

In addition, except for health services to be provided by persons authorized to practice their profession in extraordinary circumstances until emergency health care is available and health care is continuous, those who provide or have health services provided without a license or authorization by the relevant Turkish authorities will be punished with imprisonment from one to three years and a judicial fine of up to twenty thousand days.

Those who open service units and health institutions subject to special permission or provide the services to be provided there without obtaining permission from the Ministry of Health will be punished with an administrative fine of not less than two hundred fifty thousand Turkish liras but up to half of the gross service income of the previous month.

Health institutions and organizations that do not properly keep the records determined by the Ministry of Health or do not fulfill the notification obligation will be punished with an administrative fine of two percent of the gross service income of the previous month, not less than fifty thousand Turkish liras.

Last of all, the principles of emergency patient intervention determined by the Ministry of Health; in case of non-compliance with personnel, medical device and equipment, building and service units, material and pharmaceutical standards, an administrative fine of up to five percent of the previous month’s gross service income, not less than one hundred thousand Turkish liras, will be imposed.

Bünyamin Esen

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