Private hospitals; application for a license

To operate private hospitals, private maternity clinics and private mental hospitals, the entrepreneur requires a permit. This is issued by the competent district administrative authority.

In principle, the entrepreneur is entitled to a permit for the private hospital or maternity clinic or private mental hospital. However, the license will be denied if one of the conditions specified in Section 30 (1) of the Trade, Commerce and Industry Regulation Act is met. Reasons for refusal are the lack of reliability of the entrepreneur, inadequate medical or nursing care for patients, structural or technical deficiencies with regard to health police requirements and disadvantages or dangers for fellow residents or neighbors.

The entrepreneur must submit an application for approval; the district administrative authority then checks whether a prohibition requirement (see above) applies. The local police and municipal authorities are also consulted. Finally, the permit may be granted subject to conditions or other ancillary provisions.

The license is required by the entrepreneur, i.e. the person who operates the establishment on their own account and under their own responsibility.

If an establishment is operated by a partnership, each personally liable partner generally requires approval.

The entrepreneur must demonstrate the above-mentioned reliability in relation to the management or administration of the establishment.

A hospital only exists if inpatient or semi-inpatient treatment is planned.

Anyone who starts operating the establishment before the permit has been issued is acting in breach of the regulations and may be fined (Section 144 GewO). It is a criminal offense if the entrepreneur persistently repeats the violation or if this endangers the life and health of another person or property of significant value (§ 148 GewO).

2,500 to 10,000 EUR

• § Section 30 of the Trade Regulation Act (GewO)

  Private hospitals

The entrepreneur must submit an application for approval; the district administrative authority then checks whether a prohibition requirement (see above) applies. The local police and municipal authorities are also consulted. Finally, the permit may be granted subject to conditions or other ancillary provisions.

Before submitting an application, the responsible district administrative authority should be consulted regarding the individual documents to be submitted.