What are the details of the Ministry of Health's instruction on the implementation of publishing the list of registrations for practice of medicine in healthcare facilities in Vietnam? - Ngoc Nhi (Binh Phuoc)
The Ministry of Health's instruction on the implementation of publishing the list of registrations for practice of medicine in healthcare facilities in Vietnam (Internet image)
Regarding this matter, LawNet would like to answer as follows:
On May 15, 2024, the Ministry of Health issued Official Dispatch 2567/BYT-KCB on the implementation of publishing the list of registration for practice of medicine of healthcare facilities in accordance with Decree 96/2023/ND-CP.
In accordance with the provisions of the Law on Examination and Treatment 2023and Decree 96/2023/ND-CP of the Government detailing certain articles of the Law on Examination and Treatment 2023, the Ministry of Health proposes:
- Healthcare facilities under the Ministry of Health and private hospitals shall submit the declaration of registered professionals as prescribed in Clause 2, Article 28 of Decree 96/2023/ND-CP to the Ministry of Health (Single-Window Department, healthcare sector) for consolidation and public disclosure as prescribed in Clause 2, Article 29 of Decree 96/2023/ND-CP.
- The Departments of Health in provinces and centrally-run cities shall carry out state management of healthcare services for private healthcare facilities within their jurisdiction in accordance with the provisions of Clause 15, Article 2 of Circular 37/2021/TT-BYT issued by the Minister of Health on guiding the functions, tasks, and powers of the Departments of Health under the People's Committee of the province, centrally-run city, and the Health Office under the People's Committee of the district, town, and city under the province, and the city under the central authority.
In addition to the registration principles laid down in Article 36 of the Law on Examination and Treatment 2023, registration for practice of medicine shall comply with the following instructions:
(1) A medical practitioner may hold multiple positions at a health facility as assigned by the person in charge of professional practices of that health facility, provided such positions must be appropriate to his/her scope of practice.
(2) In case a medical practitioner has been working as a full-time medical practitioner, manager of a professional department, or person in charge of professional practices at a hospital, he/she may apply for registration for practice of medicine at another health facility in one of the following cases:
- He/she may act as a medical practitioner for another health facility whose administrative hours are different from those of his/her current workplace;
- He/she may act as a person in charge of professional practices for another health facility whose administrative hours are different from those of his/her current workplace.
(3) In case a medical practitioner has been practicing medicine at a health facility which is not a hospital, he/she may apply for registration for practice of medicine in one of the following cases:
- He/she may act as a medical practitioner for another health facility with working hours and days other than his/her registered ones;
- He/she may act as a person in charge of professional practices for another health facility with working hours and days other than his/her registered ones.
(4) In case a medical practitioner has been working as a person in charge of professional practices for a health facility which is not a hospital, he/she may apply for registration for practice of medicine as a medical practitioner at another health facility with working hours and days other than his/her registered ones.
(5) In case a medical practitioner has been working as a person in charge of professional practices for a health station, he/she may apply for registration for practice of medicine in one of the following cases:
- He/she may act as a medical practitioner for another health facility whose administrative hours are different from those of his/her current workplace;
- He/she may act as a person in charge of professional practices for another health facility whose administrative hours are different from those of his/her current workplace.
(6) A medical practitioner may only take charge of a professional department of a hospital.
(7) A medical practitioner who is a person in charge of professional practices of a hospital may concurrently take charge of a professional department of that hospital on the condition that it is appropriate to his/her scope of practice.
(8) A medical practitioner of a health facility that has multiple registered healthcare venues may practice medicine at all of these venues.
(9) When a medical practitioner provides healthcare under a contract signed between a health facility and his/her current workplace, he/she shall not be required to apply for registration for practice of medicine at that health facility.
(10) Where a medical practitioner has obtained registration for practice of medicine at different health facilities, he/she must ensure appropriate time of travel between such registered health facilities.
(11) In case a person in charge of professional practices of a health facility is absent from the health facility due to sickness, permitted leave, study or other causes, he/she shall:
- give a written authorization to a person who is working at that health facility, has been issued with a practicing license on which the scope of practice is appropriate to one of registered specialties of the health facility, and has been practiced medicine for at least 36 months, if total absent days are fewer than 15 days;
- give authorization as prescribed in point a of this clause and send a written notice to the authority that has issued the operating license, if total absent days are from 15 to under 90 days;
- give authorization as prescribed in point a of this clause, send a written notice to the authority that has issued the operating license, and be required to obtain a written consent from this authority, if total absent days are from 90 to under 180 days;
- If total absent days are longer than 180 days, the health facility is required to follow procedures for replacement of its person in charge of professional practices.
(12) When there are any changes in its medical practitioners, the head of the health facility shall discharge the following responsibilities:
- In case a medical practitioner quits his/her job:
= Suspend healthcare services included in the scope of practice of the medical practitioner from the day on which he/she terminates employment with the health facility if his/her substitute is not available;
= Submit a report to a competent authority within 03 days after the medical practitioner terminates practice of medicine at the health facility.
- In case of addition of a medical practitioner: follow procedures for registration for practice of medicine as prescribed in Decree 96/2023/ND-CP. The medical practitioner may start practicing medicine upon completion of such registration procedures.
(Article 27 of Decree 96/2023/ND-CP)
Nguyen Ngoc Que Anh
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