Circular 28/2023/TT-BYT scope of medical examination and treatment provision of health workers of units without medical establishments

CIRCULAR

On the scope of medical examination and treatment provision, and professional contents of the training programs for health workers working in healthcare divisions of agencies, units or organizations without medical examination and treatment establishments

^{_____________________}

Pursuant to the Law on Medical Examination and Treatment No. 15/2023/QH15 dated January 1, 2023;

Pursuant to the Government’s Decree No. 95/2022/ND-CP dated November 15, 2022, defining the functions, tasks, powers and organizational structure of the Ministry of Health;

At the proposal of the Director of the Health Environment Management Agency;

The Minister of Health hereby promulgates the Circular on the scope of medical examination and treatment provision, and professional contents of the training programs for health workers working in healthcare divisions of agencies, units or organizations without medical examination and treatment establishments.

Article 1. Scope of regulation

This Circular guides the provisions of Point b Clause 2 Article 19 of the Law on Medical Examination and Treatment No. 15/2023/QH15 on the scope of medical examination and treatment provision, and professional contents of the training programs for health workers working in healthcare divisions of agencies, units or organizations without medical examination and treatment establishments.

Article 2. Interpretation of terms

1. Healthcare divisions of agencies, units and organizations include:

a) Healthcare divisions of state agencies and non-business units;

b) Healthcare divisions of production and business establishments;

c) Healthcare divisions of educational institutions;

d) Healthcare divisions of other units and organizations.

2. Health workers of agencies, units or organizations specified at Points a, b and d Clause 1 of this Article include:

a) Health workers of state agencies, non-business units and other organizations and units that meet the conditions specified in Appendices III and VIII to the Minister of Home Affairs’ Circular No. 12/2022/TT-BCT dated December 30, 2022, providing guidance on positions of leaders and managers being civil servants; shared professional expertise; support and service in administrative agencies, organizations and job positions of shared professional titles; support and service in public non-business units;

b) Health workers of production and business establishments who are those in charge of healthcare work, and meet the conditions specified in Clause 3 Article 37 of the Government’s Decree No. 39/2016/ND-CP dated May 15, 2016, detailing a number of articles of the Law on Occupational Safety and Health.

3. Health workers of educational institutions specified at Point c Clause 1 of this Article include:

a) People with medical qualifications who are in charge of healthcare work in school health work and meet the requirements specified in Clause 2 Article 8 of Joint Circular No. 13/2016/TTLT-BYT-BGDDT dated May 12, 2016, of the Minister of Health and the Minister of Education and Training, providing regulations on school healthcare (hereinafter after referred to as Joint Circular No. 13/2016/TTLT-BYT-BGDDT); Clause 2 Article 7 of Circular No. 33/2021/TT-BYT dated December 31, 2021, of the Minister of Health, on school healthcare in higher education institutions and vocational education institutions ( hereinafter referred to as Circular No. 33/2021/TT-BYT);

b) People with medical qualifications who fail to meet the requirements specified in Joint Circular No. 13/2016/TTLT-BYT-BGDDT, Circular No. 33/2021/TT-BYT, and people without medical qualifications who are assigned the school healthcare tasks.

Article 3. Scope of medical examination and treatment provision, and professional contents of the training programs for health workers working in healthcare divisions of agencies, units or organizations specified at Points a, b and d Clause 1 Article 2 of this Circular

1. In case the health workers fail to possess an assistant doctor diploma or doctor training diploma and have completed a training program according to the professional contents specified in Clause 3 of this Article, they may provide medical examination and treatment within the permitted scope of operation according to:

a) The List provided in Appendix I to this Circular;

b) Designations of the persons licensed to practice medical examination and treatment: injection, taking test samples (blood, urine, secretions).

2. In case the health workers possess an assistant doctor diploma or doctor training diploma and have completed a training program according to the professional contents specified in Clause 3 of this Article, they may, in addition to the scope of provision of medical examination and treatment as prescribed in Clause 1 of this Article, provide medical examination for early detection, initial treatment, and advice patients to go to health establishments, in case of necessity, for diseases specified in Appendix II to this Circular.

3. Professional contents of the training programs: Health workers must be provided with training courses, and granted a professional certificate in occupational health as prescribed in the Minister of Health’s Circular No. 29/2021/TT-BYT dated December 24, 2021, guiding professional training in occupational health.

Article 4. Scope of medical examination and treatment provision, and professional contents of the training programs for health workers working in healthcare divisions of educational institutions specified at Point c Clause 1 Article 2 of this Circular

1. In case the health workers fail to possess an assistant doctor diploma or doctor training diploma and have completed a training program according to the professional contents specified in Clause 3 of this Article, they may provide medical examination and treatment within the permitted scope of operation in accordance with the provisions of Appendix I to this Circular.

2. In case the health workers possess an assistant doctor diploma or doctor training diploma and have completed a training program according to the professional contents specified in Clause 3 of this Article, they may, in addition to the scope of provision of medical examination and treatment as prescribed in Clause 1 of this Article, provide medical examination for early detection, initial treatment, and advice patients to go to health establishments, in case of necessity, for diseases specified in Appendix III to this Circular.

3. Professional contents of the training programs:

a) Professional contents of the training programs are provided in Appendix IV to this Circular;

b) The initial training period is 40 hours, including testing and evaluation time, focusing on training professional and practical skills. Professional update training shall be conducted every 5 years with a period at least equal to 50% of the initial training period, including testing and evaluation time;

c) Educational institutions in the health specialty, health establishments that have the function or are assigned the task of training medical human resources (hereinafter referred to as training establishments) shall develop, evaluate and promulgate training programs and materials suitable for each training subject; publicly announce information about the training courses on the their websites before organizing the training and granting certificates in accordance with applicable laws on education.

d) Forms of training: Full-time.

Article 5. Reference provisions

In case any documents referred to in this Circular are amended, supplemented or replaced, the new ones shall prevail.

Article 6. Effect

1. This Circular takes effect from January 01, 2024.

2. Health workers working in healthcare divisions of educational institutions may continue to carry out activities related to medical examination and treatment as prescribed in Joint Circular No. 13/2016/TTLT-BYT-BGDDT, Circular No. 33/2021/TT-BYT, and must complete the professional training courses on medical examination and treatment in accordance with this Circular before December 31, 2025.

Article 7. Implementation responsibility

Director of the Health Environment Management Agency, Chief of the Ministry Office, Directors and Director Generals of the Ministry of Health, Directors of Health Departments of provinces and centrally-run cities, and relevant agencies, organizations and individuals shall implement this Circular.

Any difficulties arising in the course of implementation shall be reported to the Ministry of Health (the Health Environment Management Agency) for consideration and settlement./.

Appendix I

Scope of medical examination and treatment provision of health workers working in healthcare divisions of agencies, units, organizations and educational institutions

(Attached to the Minister of Health’s Circular No. 28/2023/TT-BYT dated December 29, 2023)

^{__________________________}

Note:

“x”: List of medical examination and treatment activities allowed to be provided

Appendix II

List of diseases examined for early detection, initial treatment and consultation at healthcare divisions of agencies, units and organizations

(Attached to the Minister of Health’s Circular No. 28/2023/TT-BYT dated December 29, 2023)

^{_________________}

Appendix III

List of diseases examined for early detection, initial treatment and consultation at healthcare divisions of educational institutions

(Attached to the Minister of Health’s Circular No. 28/2023/TT-BYT dated December 29, 2023)

^____________