What an Herbalist Must Pay Attention to When Running a Clinic
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A clinic is also a business. When starting a practice, there are many tasks to handle, such as registering the business with the tax office and notifying the local government health department.
Clinic Opening and Compliance with Regulations
When registering a clinic, the local government and health department will review whether the clinic meets the necessary requirements. In some cases, issues related to building codes, fire safety, and construction regulations may be raised, causing delays in the clinic’s opening approval. Sometimes, there may be demands for bribes related to these matters, so it is crucial to secure evidence, such as recordings, to protect oneself.
Lease Agreement and Special Clauses
Next, when leasing a building, it is essential to draft a detailed lease agreement. Typically, a real estate agent will prepare a standard lease agreement with basic information such as tenant details, deposit, rent, and lease term. However, the most critical part is the special clauses. The herbalist must carefully examine whether there are any clauses that disadvantage the tenant.
Additionally, the herbalist should request special clauses regarding issues such as repair costs for building leaks, protection for recovering key money, the range of repair costs the landlord will cover, and the return of interior decoration costs related to the clinic. Potential disputes should also be addressed in these clauses through negotiation with the landlord.
Particular attention should be paid to scenarios where the landlord transfers the property without notifying the tenant, sets up collateral, or if the property is seized due to overdue rent. The lease agreement should include clauses to ensure the tenant's deposit is protected and to request the landlord’s cooperation in securing rental deposit insurance.
Equipment Lease Contracts
When introducing various diagnostic or physiotherapy equipment, the herbalist must carefully review the terms of lease agreements. It is essential to identify any clauses that might be disadvantageous to the clinic.
For clauses requiring a handwritten signature, the herbalist must carefully verify the contents before signing. The terms related to after-sales service, maintenance periods, and whether the equipment comes with warranty insurance should also be carefully examined. Additionally, the herbalist should check whether the lease includes provisions for replacing faulty equipment and the responsibilities for any damages caused by equipment failure.
Employee Contracts
The herbalist should also carefully draft employment contracts for nurses, nursing assistants, and physiotherapists. In many cases, in order to reduce costs, simplified contracts are used, listing only salary and work duration. However, disputes can arise later regarding issues like termination, severance pay, overtime, confidentiality agreements, and restrictions on reemployment with competitors. It is important to refer to standard employment contracts available on the Ministry of Employment and Labor's website and ensure that critical terms are clearly stated.
Furthermore, important details such as salary, working hours, and severance pay should be written by the employees themselves to ensure the contract is binding and prevents disputes later.
Patient Privacy and Informed Consent
The clinic must also focus on preventing the leakage of patients' personal medical records. Access to these records should be restricted through secure ID and password systems.
Before treatment or procedures, the clinic must ensure that patients have received adequate explanation and given their informed consent. A written record of the patient’s consent, signed by the patient, should be kept. If the patient is elderly or otherwise unable to understand the explanation, the herbalist should ensure a guardian is present to provide consent on behalf of the patient.
Insurance for Medical Malpractice and Accidents
The herbalist must also ensure that the clinic is covered by insurance for medical malpractice and accidents that may occur during treatment. Since accidents are unpredictable, it is crucial to carefully review the terms of the insurance, including the scope of coverage for various incidents. If any terms are unclear, they should be clarified and added to the contract to avoid ambiguity.
Record-Keeping and Documentation
In the event of a dispute, evidence such as CCTV footage, phone records, and text messages are often used in investigations. Patients may secretly record consultations on their phones, so it is essential for herbalists to maintain detailed medical records in case of any malicious complaints.
Meticulous record-keeping and careful contract review are essential in preventing disputes and protecting the clinic from potential legal issues.
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