Adding many prohibited acts in healthcare services in Vietnam? What are the principles of provision of medical services?
What are the principles of provision of medical services?
Pursuant to Article 3 of the 2023 Law on Medical Examination and Treatment in Vietnam, the principles of provision of medical services are as follows:
- Respect, protect, and treat patients equally, and stop stigma or discrimination towards patients.
- Give priority to have access to medical services to patients in a state of emergency; children aged under 6 years; pregnant women; people with extremely severe disabilities; people with severe disabilities; people aged 75 years or older; people rendering meritorious services to the revolution, depending on the particular characteristics of each medical establishment.
- Respect, cooperate with and protect practitioners and other persons on duty at medical establishments.
- Promptly implement and comply with regulations on professional and technical expertise in healthcare.
- Comply with the code of professional ethics in the practice of medicine approved by the Minister of Health.
- Ensure equality and fairness among medical establishments.
Adding many prohibited acts in healthcare services in Vietnam? What are the principles of provision of medical services?
Is it mandatory to refer patients to another medical establishment when the medical prognosis indicates that the patient’s disease is beyond the competence?
Pursuant to Article 40 of the 2023 Law on Medical Examination and Treatment in Vietnam stipulating as follows:
Right of refusal to provide medical care
Medical practitioners may refuse to provide medical care in the following cases:
1. If the medical prognosis indicates that a patient’s disease is beyond the competence or scope of practice of the medical practitioner receiving that patient, he/she may refuse to provide medical care, but must refer the patient to another medical practitioner or other suitable medical establishment, and must perform the practice of first aid, emergency care, monitoring, care and treatment of the patient until such referral is completed;
2. Such medical care is in breach of laws or professional ethics;
3. The patient needing medical care or his/her family or relatives commit an act of infringing upon the body, health and life of the medical practitioner on duty, except if that patient suffers from mental illness or other diseases causing impairment of his/her cognition or behavior control;
4. The patient requires the method of medical examination or treatment that is not permitted by regulations on professional and technical expertise in healthcare;
5. The patient, the patient's representative referred to in point a of clause 2 and point a of clause 3 of Article 15 herein fails to comply with the medical practitioner's prescription for the medical diagnosis or therapy after being consulted or encouraged by the medical practitioner despite the fact that such non-compliance is prone to harm the patient's health and life.
Thus, if the medical prognosis indicates that a patient’s disease is beyond the competence or scope of practice of the medical practitioner receiving that patient, he/she may refuse to provide medical care.
However, the medical practitioner must refer the patient to another medical practitioner or other suitable medical establishment, and must perform the practice of first aid, emergency care, monitoring, care and treatment of the patient until such referral is completed.
Adding many prohibited acts in healthcare services in Vietnam from January 1, 2024?
Pursuant to Article 7 of the 2023 Law on Medical Examination and Treatment in Vietnam, many prohibited acts in healthcare services have been added compared to the current 2009 Law on Medical Examination and Treatment in Vietnam, specifically including:
(1) Infringe patients’ rights.
(2) Refuse or intentionally delay to refer patients to emergency care services, except as defined in Article 40 of the 2023 Law on Medical Examination and Treatment in Vietnam.
(3) Carry out healthcare services that do not satisfy the conditions set out in Article 19 of the 2023 Law on Medical Examination and Treatment in Vietnam.
(4) Deliver healthcare services that do not fall within the scope of practice or operation permitted by competent authorities, except in case of emergency care needed, or as these healthcare services are delivered under the mobilization or dispatch decisions of competent authorities in case of natural disaster, catastrophe, group-A infectious disease or state of emergency.
(5) Practice medicine at the time or place which is not stated in the registration for practice of medicine, except as specified in clause 3 of Article 36 of the 2023 Law on Medical Examination and Treatment in Vietnam.
(6) Fail to comply with regulations on professional and technical expertise in healthcare; use any professional method and technique, or medical equipment that has not been approved by competent authorities.
(7) Prescribe medications that have not obtained marketing authorization as provided in law on pharmacy in healthcare.
(8) Commit the act of harassment in the delivery of medical services.
(9) Prescribe patients drugs, technical and medical equipment services; suggest referral to other medical establishments to patients, or commit other acts for personal gain.
(10) Erase and tamper with medical records in order to falsify information on medical examination and treatment, or create fraudulent medical records or other documents showing medical examination and treatment results.
(11) Any practitioner sells drugs in any form, except in the following cases:
- Traditional medicine doctors, traditional medicine physician assistants or traditional medicine herbalists who sell traditional medications;
- Holders of folk remedies who sell drugs prescribed according to folk remedies under their registered ownership.
(12) Drink alcohols, beers and other alcoholic beverages; use narcotics; smoke tobaccos or cigarettes at medical establishments or while on duty.
(13) Use any form of superstition in the distribution of medical services.
(14) Refuse to participate in rendering medical services in case of a natural disaster, calamity, group-A infectious disease or a state of emergency according to the mobilization or dispatch decision of the competent body or person, except as defined under the regulatory provisions of point a and b of clause 3 of Article 47 of the 2023 Law on Medical Examination and Treatment in Vietnam.
(15) Any medical establishment provides healthcare services if it
- does not hold any operating license;
- is under suspension of its operations;
- delivers healthcare services that do not fall within the scope of permitted professional activities, except in case of emergency, or as these healthcare services are delivered under a mobilization or dispatch decision of the competent authority in response to a natural disaster, catastrophe, group-A infectious disease or state of emergency.
(16) Rents, borrows; leases or lends out practicing or operating licenses.
(17) Misuse a practitioner's image and status to speak about, propagate and encourage patients to use unrecognized medical tests or therapies.
(18) Infringe upon the life and health, or offend the honor and dignity, of practitioners and other people working at medical establishments, or damage or sabotage medical establishments’ property.
(19) Prevent patients who are subject to the involuntary treatment requirement from entering medical establishments, or intentionally render involuntary treatment on people who are not subject to the involuntary treatment requirement.
(20) Advertise beyond the scope of practice or professional activities approved by a competent authority; abuse medical knowledge to falsely advertise medical services.
(21) Publish information not yet validated by competent authorities that medical incidents are ascribed to medical practitioners or medical establishments.
Compared with the provisions in Article 6 of the 2009 Law on Medical Examination and Treatment in Vietnam, Article 7 of the 2023 Law on Medical Examination and Treatment in Vietnam has amended and supplemented many provisions as follows:
- Allowed from the case of refusal of medical examination and treatment in Article 40 compared with current regulations
- Additional cases are examined outside the scope of operation in case of natural disaster, catastrophe, group-A infectious disease or state of emergency.
- Supplementing regulations on practicing medicine at the time or place which is not stated in the registration for practice of medicine, except as specified in clause 3 of Article 36 of the 2023 Law on Medical Examination and Treatment in Vietnam.
- Regulations on prescribing patients drugs, technical and medical equipment services; suggest referral to other medical establishments to patients, or commit other acts for personal gain.
- Supplementing regulations on misusing a practitioner's image and status to speak about, propagate and encourage patients to use unrecognized medical tests or therapies.
- Amending and supplementing regulations on infringing upon the life and health, or offend the honor and dignity, of practitioners and other people working at medical establishments, or damage or sabotage medical establishments’ property.
- Prohibiting from refusing to participate in rendering medical services in case of a natural disaster, calamity, group-A infectious disease or a state of emergency according to the mobilization or dispatch decision of the competent body or person, except as defined under the regulatory provisions of point a and b of clause 3 of Article 47 of the 2023 Law on Medical Examination and Treatment in Vietnam.
- Abolishing regulations that prohibit medical cadres, civil servants and public employees establishing, engaged in the establishment or management and administration of, private hospitals or medical examination and treatment establishments set up and operating under the Enterprise Law or the Law on Cooperatives, unless they are assigned by competent state agencies to manage and administer state-funded medical examination and treatment establishments.
The 2023 Law on Medical Examination and Treatment in Vietnam takes effect from January 1, 2024.
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