What acts are prohibited in the 2023 Law on Medical Examination and Treatment in Vietnam? What conditions must an individual to be allowed for medical examination and treatment meet?
What acts are prohibited in the 2023 Law on Medical Examination and Treatment in Vietnam?
Pursuant to Article 7 of the 2023 Law on Medical Examination and Treatment in Vietnam, prohibited acts in medical examination and treatment in Vietnam include:
- Violation of the patient's rights.
- Refuse or intentionally delay giving first aid to a patient, except for the case specified in Article 40 of the 2023 Law on Medical Examination and Treatment in Vietnam.
- Medical examination and treatment without satisfying the conditions specified in Article 19 of the 2023 Law on Medical Examination and Treatment in Vietnam.
- Medical examination and treatment are not within the scope of practice or scope of activities permitted by the competent authority, except for emergency cases or performing medical examination and treatment as mobilized or mobilized by competent agencies rights in the event of a natural disaster, disaster, group A infectious disease outbreak or a state of emergency.
To practice medical examination and treatment outside of the time and place where medical examination and treatment practice has been registered (hereinafter referred to as practice registration), except for the case specified in Clause 3, Article 36 of the 2023 Law on Medical Examination and Treatment in Vietnam.
- Failure to comply with regulations on technical expertise; applying professional methods and techniques, using medical equipment that has not been approved by a competent authority.
- Prescribing and specifying the use of drugs that have not been licensed for circulation in accordance with the law on medical examination and treatment.
- Having acts of harassment in medical examination and treatment.
- Prescribing drugs, appointing technical services, medical equipment, suggesting to transfer patients to other medical examination and treatment establishments or engaging in other acts to gain profit.
- Erasing and correcting medical records in order to falsify information about medical examination and treatment or to create fake medical records or to make medical records and other false papers on medical examination and treatment results.
- A practitioner selling drugs in any form, except for the following cases:
+ Traditional medicine doctors, traditional medicine doctors, traditional herbalists;
+ Persons with traditional remedies who sell drugs according to traditional remedies under their ownership have been registered.
- Using alcohol, beer and other alcoholic beverages, drugs, tobacco at medical examination and treatment establishments or during medical examination and treatment.
- Using forms of superstition and superstition in medical examination and treatment.
- Refuse to participate in medical examination and treatment activities when there is a natural disaster, disaster, group A infectious disease epidemic or emergency according to the mobilization decision of the competent agency or person, except the cases specified at Points a and b, Clause 3, Article 47 of the 2023 Law on Medical Examination and Treatment in Vietnam.
A medical examination and treatment establishment shall provide medical examination and treatment services in one of the following cases:
+ No license to operate:
+ Being in the period of being suspended from operation;
+ Not within the permitted scope of professional activities, except in case of emergency or performing medical examination and treatment according to mobilization and mobilization decisions of competent agencies or persons upon occurrence of natural disasters or catastrophes; Group A infectious disease outbreak or state of emergency.
- Rent, borrow, lease or lend a license to practice or license to operate.
- Taking advantage of the practitioner's image and status to speak, propagate and encourage patients to use unrecognized medical examination and treatment methods.
- Infringing upon the life and health, offending the honor and dignity of practitioners and other people working at the medical examination and treatment establishment, or destroying or destroying the property of the medical examination and treatment establishment.
- Preventing patients who are subject to compulsory medical treatment from entering medical examination and treatment establishments or intentionally performing compulsory medical treatment for people who are not subject to compulsory medical treatment.
- Advertising beyond the scope of practice or beyond the scope of professional activities approved by the competent authority; taking advantage of medical knowledge to falsely advertise medical examination and treatment.
- Posting attributable information about the responsibility of the practitioner or medical examination and treatment facility when a medical incident occurs without any conclusion from a competent authority.
What acts are prohibited in the 2023 Law on Medical Examination and Treatment in Vietnam? What conditions must an individual to be allowed for medical examination and treatment meet?
What conditions must an individual to be allowed for medical examination and treatment meet?
Pursuant to Article 19 of the 2023 Law on Medical Examination and Treatment in Vietnam, conditions for individuals to be allowed to provide medical examination and treatment are as follows:
An individual is allowed to practice medical examination and treatment in Vietnam when fully satisfying the following conditions:
+ Having a valid practicing license;
+ Having registered to practice, except for the case specified in Clause 3, Article 36 of the 2023 Law on Medical Examination and Treatment in Vietnam;
+ Satisfy the requirements on using language in medical examination and treatment specified in Article 21 of the 2023 Law on Medical Examination and Treatment in Vietnam;
+ Being healthy enough to practice as prescribed by the Minister of Health; dd) Not falling into the cases specified in Article 20 of the 2023 Law on Medical Examination and Treatment in Vietnam.
- Individuals are entitled to medical examination and treatment without satisfying the conditions specified at Points a, b and c, Clause 1, Article 19 of the 2023 Law on Medical Examination and Treatment in Vietnam in the following cases:
+ Students, students, students who are studying at a training institution in the health sector, those who are in the process of practicing medical examination and treatment to obtain a practice license, who are waiting for a license practice and may only provide medical examination and treatment under the supervision of the practitioner;
+ Village health workers, village midwives or health workers working at health agencies, units or organizations without establishing medical examination and treatment establishments may only provide medical examination and treatment within the scope of activities and after completing the training program according to the professional contents prescribed by the Minister of Health;
+ Subjects specified in Clause 1, Article 115 of the 2023 Law on Medical Examination and Treatment in Vietnam;
+ Other subjects participating in the medical examination and treatment process according to the Government's regulations.
- Foreigners and Vietnamese residing overseas who have obtained a practice license issued by a competent foreign agency or organization may receive medical examination and treatment in batches, and cooperate in medical training. practicing medical examination and treatment or transferring professional techniques in medical examination and treatment according to the provisions of the 2023 Law on Medical Examination and Treatment in Vietnam without satisfying the conditions specified at Points a and b, Clause 1, Article 19 of the 2023 Law on Medical Examination and Treatment in Vietnam.
In which cases is an individual prohibited from practicing medical examination and treatment?
According to the provisions of Article 20 of the 2023 Law on Medical Examination and Treatment in Vietnam, individuals in the following cases will be prohibited from practicing medical examination and treatment:
- Being examined for penal liability for violations of the law related to technical expertise.
- Being in the period of serving a suspended sentence or non-custodial reform sentence for violations of the law related to professional and technical expertise.
- Being under probation for persons sentenced to prison terms related to technical expertise but being released from prison ahead of time with conditions.
- Being in the period of serving a prison sentence or being subject to administrative handling measures of sending to a compulsory education institution or compulsory detoxification establishment.
- Being banned from practicing medical examination and treatment under a legally effective criminal judgment of a court or restricted from performing medical examination and treatment activities under a decision of a competent authority.
- Losing civil act capacity or having difficulties in awareness, behavior control or limited civil act capacity.
The 2023 Law on Medical Examination and Treatment in Vietnam takes effect from January 1, 2024.
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