What are the necessary procedures to provide health services within the legal framework?

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What are the necessary procedures to provide health services within the legal framework?

Whether you are a doctor, dentist, nutritionist, psychologist, physiotherapist or even cosmetologist, you must know and carry out the corresponding health procedures, as well as comply with your legal obligations.

Pablo Esteban Chávez Garcia

Director de Derecho Administrativo.

p.garcia@rmgsc.com

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Starting an office or facility isn't as simple as placing a sign and starting to receive patients. Health regulations establish a series of procedures and obligations that doctors, nutritionists, dentists, physiotherapists, psychologists, cosmetologists, spas and many more professionals must comply with to operate legally. Failure to do so may result in fines, closures or even the impossibility of exercising.

If you are a health professional and are about to open your own office or clinic, this article will serve as a guide to learn about the necessary procedures to comply with health regulations.

It is very important to emphasize that each procedure must be adapted to the particular establishment and practice, so the following information represents, in a general way and in no particular order, what we must all comply with:

1. Operating Notice

At least thirty days before starting operations, it is mandatory to carry out the procedure of  Notice of Operation and Registration of Health Responsible Before the COFEPRIS (Federal Commission for Protection against Health Risks). This document notifies the authority of the existence of the office or establishment and guarantees that it meets the basic operating requirements.

2. Privacy Notice

Every medical consultation involves the management of sensitive personal data, such as medical history, study results and treatments. To protect patient information, it is mandatory to have a Privacy Notice in accordance with the Federal Act on the Protection of Personal Data Held by Individuals.

Some facts you should include:

  • Purpose of the use of patient data.
  • Security measures to protect information.
  • Options for patients to exercise their ARCO rights (Access, Rectification, Cancellation and Opposition).

3. Advertising Notice

If you think promote your health services individually on social networks or any other advertising medium, you must process a Advertising Notice before COFEPRIS.

If you do not process it, the authority may order you to suspend and unsubscribe all your advertising within a period not exceeding 24 twenty-four hours.

4. Clinical Record

Carry a clinical record is mandatory and must comply with the NOM-004-SSA3-2012. This document is key to keeping a detailed record of the patient's evolution and legally protecting the health professional in the event of complaints.

It is an extremely important legal support in the face of any type of conflict with the patient, as well as a medical obligation that must or must be fulfilled.

5. Office Facilities in Regla

For an office to be considered safe and functional, it must meet, among other things, the requirements established in the NOM-005-SSA3-2010, which regulates the infrastructure conditions, equipment and sanitary measures of facilities for outpatient medical care.

We must remember that COFEPRIS is authorized to visit your office, and if you do not comply with the specifications contained in that standard, you could face a definitive closure and, therefore, the paralysis of your operations and professional practice.

Conclusion

Opening an office or providing health services in Mexico involves more than just medical knowledge; it is essential to comply with health regulations to avoid sanctions and ensure patient safety.

In Rodriguez, Manzano & Garcia Lawyers we are specialists in health and regulatory law. If you need advice to process your Operating Notice, Advertising Notice or any other legal requirement, contact us. We ensure that your office complies with all regulations so that you can practice without worries.

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