From January 01, 2024, which cases are given priority in medical examination and treatment? Which behaviors are prohibited in medical examination and treatment?
Cases eligible for prioritized medical examination and treatment from January 01, 2024?
According to Clause 2, Article 3 of the Law on Medical Examination and Treatment 2023 stipulates principles in medical examination and treatment as follows:
Principles in medical examination and treatment
1. Respect, protect, treat equally and do not discriminate against patients.
2. Prioritize medical examination and treatment for cases of patients in emergency situations, children under 06 years old, pregnant women, persons with severe disabilities, persons with heavy disabilities, persons aged 75 and older, and persons with meritorious services to the revolution in accordance with the characteristics of the medical examination and treatment establishment.
3. Respect, cooperate with, and protect practitioners and others performing duties at the medical examination and treatment establishment.
4. Implement promptly and comply with technical and professional regulations.
5. Adhere to the occupational ethics rules in medical examination and treatment as issued by the Minister of Health.
6. Equality and fairness among medical examination and treatment establishments.
Thus, according to the above regulations, the cases eligible for prioritized medical examination and treatment from January 01, 2024 include the following:
- Cases of patients in emergency situations
- Children under 06 years old, pregnant women, persons with severe disabilities, persons with heavy disabilities, persons aged 75 and older, and persons with meritorious services to the revolution in accordance with the characteristics of the medical examination and treatment establishment.
From January 01, 2024, which cases are eligible for prioritized medical examination and treatment? Which behaviors are prohibited in medical examination and treatment?
Which behaviors are prohibited in medical examination and treatment?
Article 7 of the Law on Medical Examination and Treatment 2023 stipulates the behaviors prohibited in medical examination and treatment activities:
- Violating patients' rights.
- Refusing or intentionally delaying emergency treatment for patients, except for cases specified in Article 40 of the Law on Medical Examination and Treatment 2023.
- Conducting medical examination and treatment without meeting the conditions specified in Article 19 of the Law on Medical Examination and Treatment 2023.
- Conducting medical examination and treatment beyond the scope of practice or the permitted field of activity, except in emergencies or when performing medical examination and treatment under the mobilization or dispatch order of competent authorities during natural disasters, catastrophes, infectious disease outbreaks of group A, or states of emergency.
- Practicing medical examination and treatment beyond the registered time and location (hereinafter referred to as the registration of practice), except as specified in Clause 3, Article 36 of the Law on Medical Examination and Treatment 2023.
- Not complying with technical and professional regulations; applying unapproved methods, technical procedures, or using medical equipment not authorized by competent authorities.
- Prescribing or instructing the use of medications not authorized for circulation as per the pharmaceutical laws during medical examination and treatment.
- Engaging in corrupt practices during medical examination and treatment.
- Prescription, assignment of technical services, medical equipment recommendations, or suggesting the transfer of patients to other medical establishments for profiteering purposes.
- Falsifying or altering medical records to distort information about medical examination and treatment or creating fake medical records, documents, and other papers related to the results of medical examination and treatment.
- Practitioners selling medications under any form, except in the following cases:
+ Traditional medicine doctors, traditional medicine physicians, traditional healers selling traditional medicine.
+ Individuals with proprietary traditional medicine formulas selling medicines under their registered proprietary traditional medicine formulations.
- Using alcohol, beer, other alcoholic beverages, narcotics, or smoking at medical examination and treatment establishments or during medical examination and treatment processes.
- Using superstitious or fallacious practices in medical examination and treatment.
- Refusing to participate in medical examination and treatment activities during natural disasters, catastrophes, infectious disease outbreaks of group A, or states of emergency as per the mobilization or dispatch decisions of competent authorities, except in cases specified in points a and b, Clause 3, Article 47 of the Law on Medical Examination and Treatment 2023.
- Medical examination and treatment establishments providing services under the following circumstances:
+ Without an operating license;
+ During the period of operation suspension;
+ Not in compliance with the permitted field of activity, except in emergencies or under mobilization or dispatch orders during natural disasters, catastrophes, infectious disease outbreaks of group A, or states of emergency.
- Leasing, borrowing, renting out, or lending the practice license or operating license.
- Exploiting the image, status of practitioners to make statements, propagate, or encourage patients to use unrecognized medical examination and treatment methods.
- Violating the life, health, dignity, or honor of practitioners and others working at medical examination and treatment establishments, or destroying property of medical examination and treatment establishments.
- Preventing patients who are required to undergo compulsory treatment from entering medical examination and treatment establishments or intentionally performing compulsory treatment on those not required to do so.
- Advertising beyond the scope of practice or beyond the permitted field of activity approved by competent authorities; exploiting medical knowledge to falsely advertise about medical examination and treatment.
- Posting information that assigns responsibility to practitioners, medical examination and treatment establishments in the event of medical complications before conclusions are reached by competent authorities.
What rights do patients have?
Section I, Chapter II of the Law on Medical Examination and Treatment 2023 stipulates the following patient rights:
(1) Right to medical examination and treatment
(2) Right to respect for dignity, health protection, and respect for private secrets in medical examination and treatment
(3) Right to choice in medical examination and treatment
(4) Right to access information regarding medical records and costs of medical examination and treatment
(5) Right to refuse medical examination and treatment and leave the medical examination and treatment establishment
(6) Right to make complaints and claim compensation
(7) Rights of patients who are legally incapacitated, have difficulty in cognition and control of behavior, have limited legal capacity, are minors, and patients without relatives
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