Circular 35/2019/TT-BYT scope of professional operation for medical practitioners

CIRCULAR

Promulgating the scope of professional operation for medical practitioners

          Pursuant to the Law on Medical examination and treatment;

          Pursuant to the Government’s Decree No. 109/2016/ND-CP dated July 01, 2016 promulgating the grant of practice certificates to medical practitioners and of operation licenses for medical examination and treatment establishment;

          Pursuant to the Government’s Decree No. 155/2018/ND-CP dated November 12, 2018 amending and supplementing a number of business conditions under State management of the Ministry of Health;

          Pursuant to the Government’s Decree No. 75/2017/ND-CP prescribing the functions, tasks, powers and organizational structure of the Ministry of Health;

          At the request of the Director of the Department of Medical examination and treatment;

          The Minister of Health hereby issues the Circular promulgating the scope of professional operation for medical practitioners.

CHAPTER I

GENERAL PROVISION

          Article 1. Scope of regulation

          1. The Circular prescribes the scope of professional operation for practitioners who are specified in Article 17 of the Law on Medical examination and treatment and are granted practice certificates.

          2. The scope of professional operation for traditional medicine doctors and assistant doctors, herbalists, owners of a family herbal remedy or treatment method shall conform to other Circulars issued by the Minister of Health.

          Article 2. Interpretation of terms

          1. The scope of professional operation of medical practitioners means professional techniques which practitioners are eligible for conducting under provisions of this Circular.

          Article 3. Principles for defining the scope of professional operation for medical practitioners

          1. Ensuring the quality and safety of medical examination and treatment for patients.

          2. Conducting medical examination and treatment in line with the professional diploma and certificate related to healthcare which such practitioner is granted with or recognized in Vietnam;

          3. Conducting medical examination and treatment in line with the capacity to conduct professional techniques of a medical practitioner and his/ her registered specialty; and in line with the professional and technical list of the medical examination and treatment establishment which is approved by a competent State agency;

          4. Conducting medical examination and treatment in line with the actual conditions, especially at the level of districts, communes, wards, and townships of areas meeting with socio-economic difficulties or exceptionally socio-economic difficulties;

          5. Establishing no discrimination between doctors working at higher level and those working at lower level; between doctors who have recently acquired practice certificates and those who have worked for years;

          6. One professional technique can be conducted in different specialties but shall be placed in the most appropriate specialty in the List of techniques issued together with this Circular.

CHAPTER II

THE SCOPE OF PROFESSIONAL OPERATION OF MEDICAL PRACTITIONERS

          Article 4. The scope of professional operation of doctors

          1. Medical practitioners means doctors whose scope of professional operation is general medical examination and treatment shall conduct professional techniques defined in Appendix I to this Circular; and in case the treatment of a disease goes beyond their professional capacity - shall provide first aid, supervision, care and treatment for the patients until such patients are transferred to other medical examination and treatment establishments.

          2. Medical practitioners who are doctors whose scope of professional operation is specialized medical examination and treatment shall conduct professional techniques in accordance with their specialty as prescribed in Appendix II to this Circular; and shall provide first aid, supervision, care and treatment for the patients until such patients are transferred to other medical examination and treatment establishments.

          3. The person in charge of the professional and technical operation of a medical examination and treatment - based on the scope of professional operation written on the practice certificate, diploma or certificate and the capacity of a medical practitioner who is a doctor – shall assign in written form such doctor to conduct certain professional techniques in this medical examination and treatment establishment.

          Article 5. The scope of professional operation of preventive medicine doctors

          Medical practitioners who are preventive medicine doctors shall examine, detect and handle with minor diseases; and shall provide first aids in community.     Article 6. The scope of professional operation of assistant doctors

          Medical practitioners who are assistant doctors working at commune level shall provide first aids, conduct medical examination and treatment of minor diseases in accordance with regulations of the Joint Circular No.10/2015/TTLT-BYT-BNV dated May 27, 2015 of the Ministry of Health and the Ministry of Home Affairs prescribing the code, and the standard for the titles of doctor, preventive medicine doctor and assistant doctor.

          Article 7. The scope of professional operation of nurses, midwives, and technicians

          Medical practitioners who are nurses, midwives, and technicians shall perform in accordance with their respective scope of professional operation prescribed in the Circular No. 26/2015/TTLT-BYT-BNV dated November 07, 2015 of the Ministry of Health and the Ministry of Home Affairs prescribing the code, and the standard for the titles of nurse, midwife, and technicians.

CHAPTER III

IMPLEMENTATION PROVISIONS

          Article 8. Effect

          1. This Circular takes effect from March 01, 2020.

     2. To annul Clause 1, Article 6 of the Circular No. 50/2017/TT-BYT dated December 29, 2017 of the Minster of Health, on amending and supplementing a number of provisions on the payment of medical examination and treatment expenses starting from the date on which this Circular takes effect.

          Article 9. Reference provision

     In case where referent legal documents for this Decree are replaced, amended or supplemented, such replaced, amended or supplemented documents shall apply.

          Article 10. Implementation responsibility

          1. The Director of Department of Medical examination and treatment; the Chief office of the Ministry of Health; Directors of Departments and Heads of units of Ministry of Health, Directors of Departments of Health of the provinces and centrally-run cities shall implement this Circular.

         Any problems arising in the course of implementation should be promptly reported to the Ministry of Health (the Department of Medical examination and treatment) for consideration and settlement.

For the Minister

Deputy Minister

Nguyen Truong Son