Registration conditions and business scope of doctor groups

one、Industrial and commercial registration

Doctor Group，Medicalgroup，Also known as "doctor practice group" or "doctor practice organization", it is an alliance or organization composed of multiple doctor groups.。

Although it sounds noble，However, this term is not used in the current Practicing Physician Law.、"Medical Institution Management Regulations"、"Medical Accident Handling Regulations"、There is no corresponding legal provision in the Tort Liability Law。

in addition，There are many restrictions on business registration for doctor groups，Because it contains the word "group"，Most people would think of it as a group company，工商部门会要求申请人按照集团公司的要求申报，But this is obviously something that the doctor group cannot achieve.。

therefore，over a long period of time，Domestic industrial and commercial authorities do not allow the registration of a company name in the name of a "doctor group"。Zhang Qiang, founder of "Zhang Qiang Doctor Group", the country's first outside-system doctor group, revealed，2014When he founded the doctor group in July，The words "Doctor Group" were not approved for registration.，Therefore, the company name he registered is "Zhang Qiang Medical Technology Co., Ltd."。

but，The doctor group has now been recognized by the industrial and commercial administration departments of many places，Registration can proceed smoothly。

2016March 8，"Bodejialian Doctor Group Medical Co., Ltd." was successfully registered in Shenzhen，and obtain a business license。This is China’s first industrial and commercial license with the name “Doctor Group”。

two、Business scope

虽然在注册环节获得了“通关”，However, the “business scope” of the doctor group’s industrial and commercial registration，There is still embarrassment：It is reported that，The current business scope of the doctor group registered with the industrial and commercial administration，Can only engage in medical management，medical、Medical technology research and development and other business activities，Diagnosis and treatment activities are a doctor’s job，Explicitly prohibited within the scope of business，"Not allowed to engage in diagnostic and treatment activities"。

This means，A physician group is legally just a physician management company，Cannot accept doctor registration，Unable to provide independent medical services。

The reason why doctor groups cannot engage in diagnostic and treatment services，The fundamental reason is，Failure to obtain a "Medical Institution Practice License"，Therefore, we can only conduct business by cooperating with other hospitals.：Including registering the group’s doctors in partner hospitals，Take patients to partner hospitals for diagnosis and treatment。

（图为冬雷医生集团的工商注册信息）

In terms of settlement，Physician groups are also not eligible to charge patients，It can only be shared with cooperative medical institutions in the name of fees.。

three、Should a doctor group obtain a separate "Medical Institution Practice License"?

Lawyer Yu Huaisheng said，From a legal perspective，As long as a doctor group obtains a business license, it is already a commercial entity.，Even if you have not obtained the "Medical Institution Practice License"，Business can also be carried out through cooperation with hospitals。

therefore，"Medical Institution Practice License" is not a necessary condition for a doctor group，But if you have this license，Can make the development of doctor groups smoother。Mainly reflected in four aspects：

1、Helpful in purchasing medical liability insurance；

2、Conducive to market-oriented operations outside the system；

3、Helps increase the attractiveness of doctors (doctors can become medical partners or shareholders of the doctor group)；May also be employed by the physician group)；

4、有利于打通医保（《医疗机构执业许可证》是申请医保的基本条件）

Four、How does a doctor group bear its liability for compensation to patients?

Introduction to Yu Huaisheng，Doctor groups under different organizational structures，There are three ways to compensate patients：

（一）合伙制的医生集团

医疗作为高度专业性、independent industry，The suitable structure for a doctor group is a partnership。

Partnership means，If a doctor group needs to bear liability for compensation，The partnership property will be borne first。And if the partnership property is insufficient，All partners shall be jointly and severally liable。

"This may happen：Doctor A in the doctor group caused medical negligence，Insufficient partnership property，Will take Dr. B’s house、Selling the car。"Yu Huaisheng explained this way。

（二）特殊的普通合伙

相比普通合伙形式下，Partners bear joint liability，The "special general partnership" form provides a more flexible approach to liability。

Article 57 of the Partnership Enterprise Law of the People's Republic of China：A partner or several partners intentionally or grossly negligently cause debts to the partnership enterprise during their business activities.，Should bear unlimited liability or unlimited joint and several liability，Other partners are liable to the extent of their share of the property in the partnership。

For damages not caused intentionally or grossly negligent，Each partner bears joint liability。

（三）公司制

公司以资产为限对外承担法律责任；Shareholders bear liability based on capital contribution。

five、医生集团合伙注意事项

1、“干股”的问题

为了吸引专业人才（如技术负责人或者很牛的儿科医生），Some doctor groups will provide certain "stem shares" (shares obtained without capital contribution) to talents.。Founders should pay attention to ensuring that they have control over the company，We can learn from the approach of “same shares with different rights”。

2、“股权代持”的问题

有的医生不舍得离开公立医院的职位或者有其他顾虑，Will choose equity holding agency，The law protects physicians’ ownership of equity，But voting rights also need to be resolved through indirect entrustment.，There are risks in this。

3、股权激励的问题

余怀生表示，If a doctor group adopts a partnership model，Be cautious about employee equity incentives，Don't make a decision by beating your head。For employees with equity incentives，The best thing is to set up good incentive conditions，For example, if a salesperson completes his business development tasks, he will receive equity incentives.，Otherwise no，Be motivating、There are restrictions。

Equity share for employee incentives，Yu Huaisheng recommends maintaining it between 10% and 15%，Do not exceed 20%，Otherwise, it will easily lead to the loss of senior management。

4、预留股权

余怀生还建议，Doctor groups can reserve a portion of equity，To prepare for attracting talents later。he thinks，The doctor group can reserve 15%~20% of the equity for future talents.。otherwise，If in the later period, the original shareholding employees are allowed to cut out a certain proportion of equity from the shares,，Will affect employees’ mentality。