A very morally slippery topic is abortion. Is it a murder or an opportunity to avoid the appearance of “potentially abandoned” children? Below is highlighted only the practical side of the issue - obtaining permission to conduct this procedure. But how to get licensed for termination of pregnancy? What is needed for this?
Our country has passed various options for the legislative attitude to artificial termination of pregnancy. At the beginning of the 20th century, they decided to implement them legally, in the middle it was decided to categorically ban, as a result, the number of criminal abortions increased and, as a result, female mortality increased. As a result, the right of choice to women was returned back.
Abortion is one type of medical intervention that falls under licensing regulations. At the end of 2016, the Russian government amended the procedure for acquiring licenses to perform this manipulation and gave medical institutions a year to adapt to the newly introduced requirements.
The intricacies of artificial abortion licensing services
It is worth emphasizing that the issued Resolution No. 1327 does not imply any particularities in obtaining a license for the provision of abortion services. This means that the general rules currently in force should be applied to the licensing of artificial termination of pregnancy. For example, in order to determine which licensing authority should be contacted, it is necessary to use the general rules established by resolution No. 291 and certain regulatory acts. Thus, the Federal Service for Supervision of Healthcare mainly licenses the activities of medical institutions that are subordinate to federal authorities. She also licensed medical organizations engaged in the provision of high-tech medical care. And the authorized bodies of the constituent entities of the Russian Federation license the activities of organizations, except for those whose work is licensed by Roszdravnadzor.
It should be remembered that the specific authority of the subject that licenses the artificial termination of pregnancy is determined in the regulatory and legal acts of the constituent entities of Russia. Moreover, in each case, it is different. For example, in different cities, different bodies act as similar bodies: in Moscow it is the Department of Health, and directly in the Moscow Region we are talking about the Ministry of Health of the region. The general rules apply to licensing for termination of pregnancy.
Documents and state duty
The situation with documents submitted to licensing authorities is similar. The new resolution does not stipulate special requirements for securities. In addition, there are no instructions regarding the duration of the license for the provision of services for the artificial termination of pregnancy. It is worth recalling that the issued licenses for the implementation of such activities are valid indefinitely. The size of the state duty for the purchase of a license, in turn, is 7,500 rubles.
Is a psychologist required?
What are the features of licensing for artificial termination of pregnancy?
A medical institution wishing to obtain a license to carry out an artificial termination of a pregnancy may raise the question of whether it is necessary to introduce a separate official unit of a psychologist to obtain an appropriate permit? According to the procedure and clinical recommendations, as part of the initial treatment, a pregnant woman who intends to have an abortion is sent by an obstetrician-gynecologist to the medical social assistance office. This procedure is intended to convince a woman who has decided on this desperate step in order to preserve her pregnancy.
Such an office can serve, for example, as a center for medical social support for pregnant women who find themselves in a difficult situation. Therefore, counseling with a psychologist is necessary. This work can also be done by a social work specialist.
Consultation of an obstetrician-gynecologist
It is worth noting that in the absence of an office for medical social assistance, it is possible to consult an obstetrician-gynecologist, which the latter carries out on the basis of a woman’s voluntary consent. Thus, we can conclude that the introduction of a separate position for a specialist such as a psychologist is not required in the framework of licensing. However, in the absence of direct regulation, another interpretation is allowed.
What is fraught with the lack of licensing for artificial termination of pregnancy?
Application of fines
It should also be reminded once again that not only administrative, but also criminal liability is established for carrying out activities without a license or with violations of the requirements. After the transformation of medical services in relation to artificial termination of pregnancy into an independent type of medical care, the risk of applying such responsibility to medical institutions is constantly growing.
In particular, article 14 of the Code of Administrative Offenses establishes administrative fines for performing such activities without a license. It also provides liability for violation of the conditions and requirements that are prescribed by law in the framework of the procedure. In addition, article 19 of the Code of Administrative Offenses establishes a separate administrative responsibility for similar violations, but with respect to non-profit organizations. It is necessary to recall that budgetary health services are classified as non-profit organizations, in connection with this circumstance any risks of holding accountable under the relevant article may be quite relevant for them.
Criminal prosecution
For the performance of medical activities without a license, criminal prosecution is also not excluded, especially if the result was harm to the patient’s health or death. This is stated in the Criminal Code in article No. 235.
The rules for licensing artificial termination of pregnancy must be strictly followed.
The advantages of large medical organizations
It is worth emphasizing that it is not difficult for multidisciplinary medical institutions to acquire a separate license to perform artificial termination services for women who are pregnant. Problems with this, as a rule, today arise in small clinics.
Is it so difficult to get this license?
Assessing the current situation, all experts agree that for the majority of multidisciplinary medical institutions that provide, among others, services in the field of gynecology and obstetrics, there will not be any significant problems with obtaining separate licenses for the provision of services for performing an artificial termination of pregnancy .
According to lawyers, it’s much more difficult for small centers that may simply not have the required facilities for the provision and implementation of inpatient care.
Thus, today, each specialized clinic should be familiar with the intricacies of licensing for artificial termination of pregnancy. Its nuances and especially important points should be mastered by all institutions that are focused on the provision of such services.