알리는 글
이 편람은 의료기관 개설 및 의료법인 설립과 관련된 업무를 담당하고 있는 시･도 및 시･군･구 공무원, 의료기관 개설자, 법인의 실무자 등이 관련 법령의 내용을 정확하게 이해하여 관련 업무를 효율적으로 처리할 수 있도록 하는 안내서입니다.
주요 내용은 다음과 같습니다.
제1장. 의료기관 개설 및 운영
제2장. 의료법인 설립 및 운영
각종 법령의 인용 방법은 다음과 같습니다.
이 편람에서 인용된 조문은 원칙적으로 ｢의료법｣의 조문이며, ｢의료법｣ 이외의 법령의 경우에는 별도로 표기하였습니다.
목차
의료기관 개설 및 운영 / 1
총 설 ······························································································3
- 의료기관의 종류와 역할 ····························································4
가. 개요 ·······························································································4
나. 의료기관의 종류 ·············································································4
다. 기능에 따른 분류 ············································································7
라. 의료기관 종류별 표준 업무 ·····························································9 - 의료기관 개설 ·········································································10
가. 개 요 ····························································································10
나. 의료기관 이외의 곳에서 의료행위를 할 수 있는 경우 ···················10
다. 의료기관 개설자격 ·······································································13
라. 의료기관 개설절차 ·······································································21
마. 의료기관 개설 관련 금지사항 ·······················································55 - 의료기관 개설사항 변경 ··························································95
가. 개요 ·····························································································95
나. 의료기관 개설사항 등 변경 절차 ··················································96
다. 의료기관 개설사항 변경 신고(허가) 대상 ·····································97 - 의료기관 휴업 및 폐업 ··························································103
가. 관련 법령 및 신고요령 ·······························································103
나. 진료기록부 이관･역학조사 실시 여부･환자권익보호 조치 등 ···· 105
다. 기타 신고사항 참고 ····································································107 - 의료기관 운영 시 주의사항 ···················································108
가. 개설자가 지켜야 할 사항(법 제4조제6항, 법 제36조) ···············108
나. 진단용 방사선 발생장치 및 특수의료장비의 설치･운영
(법 제37조, 제38조) ·································································117
다. 시설 등의 공동이용 ····································································120
라. 의료기관 명칭 및 진료과목 표시 ················································123
마. 비급여 진료비용 등 고지 ···························································131
바. 비급여 진료비용 등의 현황조사 ·················································135
사. 기타 주의사항 ············································································137 - 의료기관에 대한 지도･감독 ··················································139
가. 의료기관 행정처분 ·····································································139
나. 의료기관 벌칙 ············································································144
- 참고자료 ·················································································149
- 의료법인 및 비영리법인의 의료기관 개설을 위한 세부 기준 ·······151
- ｢비급여 진료비용 등의 고지 지침｣·············································159
PART
Ⅱ 의료법인 설립 및 운영 / 169 - 의료법인 개요 ·······································································171
- 의료법인 설립 허가 ·······························································177
가. 설립 허가 신청 ···········································································177
나. 법인 설립 허가 ···········································································182 - 의료법인 운영 관리 ·······························································187
가. 법인 설립 허가 후 조치사항 ·······················································187
나. 정관 변경의 허가에 관한 사항 ···················································188
다. 기본재산 처분의 허가에 관한 사항 ············································197
라. 변경등기의 보고에 관한 사항 ·····················································200
마. 재산의 증가 보고에 관한 사항 ···················································201
바. 임원 선임의 보고에 관한 사항 ···················································201
사. 사업실적 및 사업계획 보고에 관한 사항 ····································202
아. 서류 및 장부의 비치에 관한 사항 ···············································203
자. 의료법인의 부대사업에 관한 사항 ··············································203 - 의료법인 지도 감독 ·······························································206
가. 법인 사무의 검사･감독에 관한 사항 ··········································206
나. 법인 설립 허가 취소에 관한 사항 ···············································206 - 의료법인 해산 및 청산 ··························································208
가. 의료법인 해산에 관한 사항 ························································208
나. 의료법인 청산에 관한 사항 ························································210
PART
Ⅲ 진료기록 열람 및 사본발급 업무 지침 / 213
Ⅰ. 개인정보보호법과의 관계 ····················································217 - 개인정보보호법 제6조 ································································217
- 의료법 우선 적용 ········································································217
- 개인정보보호법이 적용되는 경우(의료법 적용하지 않음) ············217
Ⅱ. 의료법 제21조(진료기록 열람 및 사본 등의 제공) ···············218
요청자 본인확인 및 제출 서류 ····················································218
요청 접수(요청자의 권한 확인) ···················································234
사본 제공 ···················································································235
제21조의 적용 범위(‘환자에 관한 기록’의 범위) ························237
기타 관련 사항 ···········································································239
Ⅲ. 의료기관 간 진료기록 전송 등
(의료법 제21조의2제1항 및 2항) ········································240
의료기관 요청에 따른 전송(동조 제1항) ·····································240
응급환자 이송하는 의료기관의 전송(동조 제2항) ·······················241
붙임. 진료기록 열람 및 사본 발급 관련 Q&A ···························242
참고자료 / 249 - 의료법인 정관(예시) ·····························································251
붙임. Q&A ················································································260
붙임. 「의료기관세탁물 관리규칙」 개정(’21.8.11.)에 따른 Q&A ··277