SAĞLIKTA SINIRLAR YENİDEN ÇİZİLDİ:TORBA YASAYLA YAPILAN ÖNEMLİ DEĞİŞİKLİKLER NELERDİR?
The omnibus law dated July 21, 2025, which introduced changes in many areas of the healthcare sector, from service delivery methods and digitalization steps to physicians' working rights and advertising limits for private healthcare institutions, has initiated a restructuring process in the sector. Organizations working closely with health tourism, in particular, need to view these changes not merely as legal provisions, but also as strategic issues affecting their service models.
Doctors are allowed to work in a maximum of two private institutions.
One of the most notable amendments to the law came with the change to Article 12 of Law No. 1219 on the Manner of Practice of Medicine and Related Professions, dated April 11, 1928. Previously, physicians could work in "more than one" place; now, they are limited to working in "a maximum of two" private healthcare institutions. With an addition to the same regulation, physicians, dentists, and specialists, regardless of whether they have a public contract or not, can work in private healthcare institutions as insured employees under Article 4/a of Law No. 5510 on Social Insurance and General Health Insurance. This aims to prevent unregistered employment and makes it mandatory for institutions serving health tourism, in particular, to establish institutional and auditable structures in their physician employment. From the perspective of clinics, paying attention to insurance compliance in staffing planning and regulating the number of contracts has become not only a preference but also a legal obligation.
New Frontiers in Promotional Activities and Digital Content Restrictions
The restrictions imposed on promotional activities directly concern the visibility of healthcare services in digital environments. With the new paragraph added to Article 11 of the Basic Law on Health Services No. 3359 dated 7/5/1987, advertising activities exceeding the limits of promotion and information by private healthcare institutions are explicitly prohibited. According to the new regulation, a healthcare institution can only offer content limited to its address, contact information, working hours, specialties it accepts, academic and professional titles of its healthcare professionals, and preventive health information. Institutions engaging in activities that exceed these limits, are misleading, or create unfair competition will be subject to an administrative fine of up to 1 TP3T2 of their gross service revenue from the previous month, but not exceeding one hundred thousand Turkish Lira. This provision, which aims to prevent the marketing of healthcare services as a "product," necessitates a review of the content strategies of health tourism actors, especially those seeking to acquire patients through social media and digital advertising.
Fee and Auction System for Licenses and Permits
Yatırım süreçlerini ilgilendiren en önemli değişiklik ise MADDE 57 ile birlikte yürürlüğe girdi. Artık Sağlık Bakanlığı ve bağlı kuruluşlar tarafından verilen ruhsatlar, sertifikalar, permi belgeleri gibi dokümanlar için iki milyon Türk lirasını geçmemek üzere belirlenen tarifelere göre ücret alınabilecek. Ayrıca hastane açma veya belirli bir hizmeti verme hakkı sağlayan lisanslar açık artırma ile belirlenecek bedel karşılığında verilecek. Bu sistem, lisansların planlı şekilde dağıtılmasını sağlarken; sektöre girmek isteyen yatırımcıların mali planlamalarını daha öngörülebilir kılacak. Elde edilen lisans gelirlerinin %75’i, ülkemizin sağlık turizmini dünyaya tanıtmakla görevli olan Uluslararası Sağlık Hizmetleri A.Ş. (USHAŞ)’a aktarılacak.
Digitalization of Patient Consent Processes and the Era of E-Signatures
Another noteworthy point concerns the digitalization of patient consent processes. Thanks to a new paragraph added to Article 70 of Law No. 1219, patient consent forms can now be obtained electronically using biometric methods, mobile devices, or e-signature applications. This innovation particularly facilitates faster and more legally compliant digitization of consent documents for healthcare institutions conducting preliminary consultations with international patients. The procedures and principles of this system will be determined by the Ministry of Health, with the approval of the Information and Communication Technologies Authority (BTK). The imposition of a 250 TL administrative fine on healthcare institutions acting contrary to the regulation makes it mandatory for all institutions to increase their digital compliance in patient communication processes.
Overall Assessment
The regulations introduced by the new omnibus law are not only forcing the health tourism sector to comply with legal regulations; they are also pushing it to redefine its sectoral identity. The effects of these changes need to be considered not only from a legislative perspective, but also in terms of service strategies, patient relations, and international competitiveness.
From a positive perspective, making it mandatory for physicians to work within insured and institutional structures will reinforce the perception of "safe service" for international patients; this structure, supported by oversight, will raise ethical standards. Furthermore, the introduction of digital consent systems will offer a significant advantage in terms of speed and security, particularly in initial consultations with international patients.
However, these reforms may bring about some adjustment processes, especially for small and medium-sized clinics. Restricting physicians' right to practice to only two institutions may require careful and proactive planning, particularly in regions with a limited pool of doctors. Similarly, it is clear that the restrictions placed on promotional activities will change digital marketing habits. This may necessitate a reshaping of strategies for health tourism companies that have been communicating with patients through social media for years, while also paving the way for ethical, informative, and awareness-raising approaches in content production. Short-term fluctuations in patient numbers are possible during this transition period.
Granting licenses through a fee-based and auction-based system could create a significant financial barrier for new investors entering the market. At this point, it is inevitable that the sector makes this transition more sustainable with government support. Furthermore, channeling the generated revenues into health tourism through USHAŞ (Turkish Health Services Inc.), with proper planning, could strengthen the sector in the long term.
In conclusion, this omnibus bill is not merely a harmonization process; it is a process of "repositioning" in health tourism. Clinics need not only comply with the rules but also transform these rules into a foundation of quality. For regions like Alanya, which stand out in terms of health tourism, this period presents challenges in the short term, but offers opportunities in the long term in terms of reputation, quality, and sustainability. Seizing these opportunities will only be possible with the agility and vision of the sector stakeholders.
Click here to go to the website of the Official Gazette published on Thursday, July 24, 2025.
Click here to download the Official Gazette published on Thursday, July 24, 2025.
By mubin1156
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