Chương III Luật khám bệnh chữa bệnh 2023: Người hành nghề khám bệnh, chữa bệnh

Chapter III

MEDICAL PRACTITIONERS

Section 1. CONDITIONS FOR PRACTICE OF MEDICINE

Article 19. Conditions for an individual’s eligibility to practise medicine

1. Any individual shall be permitted to provide medical services in Vietnam when fully meeting the following requirements:

a) His/her certificate of practice of medicine remains valid;

b) He/she has obtained registration for practice of medicine, except as prescribed in clause 3 of Article 36 herein;

c) He/she satisfies language proficiency requirements in healthcare as set out in Article 21 herein;

d) He/she reaches health standards required by the Minister of Health;

dd) He/she is not any of those covered in Article 20 herein.

2. Any individual may practise as a medical practitioner without being required to satisfy the conditions specified in point a, b and c of clause 1 of this Article when:

a) he/she is a learner or student studying at a health training institution; a person who is practising as a medical intern before being eligible for a practicing license; a person who is waiting for a practicing license to be conferred and only practice medicine under the supervision of a practitioner;

b) as a village health worker, village midwife or health worker working at a health care agency, unit or organization that is not incorporated as a medical establishment, he/she may only practise medicine within the range of assigned duties and after completing a training course in specialties or professional skills decided by the Minister of Health;

c) he/she is one of the subjects of application of clause 1 of Article 115 herein;

d) he/she is someone else participating in the process of medical care as instructed by the Government.

3. Any foreigner or overseas Vietnamese who has obtained a practicing license issued by a competent foreign agency or organization may organize humanitarian outreach healthcare campaigns at intervals, cooperate in provision of training courses on medicine involving medical internship, or transfer professional techniques in medicine under the provisions of this Law, without the encumbrance of the conditions specified in point a and b of clause 1 of this Article.

4. Any person participating in a community-based medical emergency who is not an out-of-hospital paramedic shall not be required to satisfy the conditions specified in clause 1 of this Article.

Article 20. Medical practitioners subject to prohibition of the practice of medicine

1. Any medical practitioner who is criminally prosecuted for any offence involving their application of professional and technical expertise in healthcare.

2. Any medical practitioner who is serving a suspended sentence or non-custodial correctional sentence for any offence involving their application of professional and technical expertise in healthcare.

3. Any person or individual previously serving imprisoned for an offence involving their application of professional and technical expertise in healthcare, but released on conditional parole, who is being put on probation.

4. Any medical practitioner who serves a prison sentence or is incurring an administrative penalty by being forced into a compulsory reform school or detoxification center.

5. Any medical practitioner who is banned from practicing medicine under a criminal judgment of the court of legal effect, or is subject to a restriction on the practice of medicine pursuant to the decision of a competent authority.

6. Any medical practitioner that loses his/her capacity to perform civil acts or has impaired cognition or difficulties in behavior control, or restricted capacity to perform his/her civil acts.

Article 21. Use of languages in the practice of medicine

1. The language used in the delivery of healthcare is Vietnamese, except as defined in clause 2 of this Article.

2. Any medical practitioner who is a foreigner or overseas Vietnamese (hereinafter referred to as foreign practitioner) may use other languages rather than Vietnamese to provide medical care to patients if:

a) these patients and their practitioners use the same language; these patients are proficient in the languages that medical practitioners have registered for use in their practice of medicine;

b) these patients are foreigners and are not covered in point a of this clause;

c) the humanitarian outreach healthcare campaign organized at intervals; the transfer of professional and technical expertise in healthcare takes place under the cooperation agreement between a medical establishment of Vietnam and a foreign medical establishment.

3. The usage of language prescribed in clause 2 of this Article shall conform to the following regulations:

a) When providing medical care as defined in point b and c of clause 2 of this Article, a language interpreter shall be required;

b) Information required for the delivery of healthcare shall be given in the language that the foreign medical practitioner has registered for usage, and be translated into Vietnamese.

4. The Government shall elaborate on this Article; shall impose regulations on qualification criteria of the language interpreter referred to in point a of clause 3 of this Article; on the usage of language in the distribution of healthcare services to ethnic minorities who are incapable of using Vietnamese; people with language disorder or impairment; foreign patients.

Article 22. Continuously updating medical knowledge

1. Any medical practitioner holding one of the titles as a doctor, physician assistant, nurse, midwife, medical technician, clinical nutritionist, out-of-hospital paramedic or clinical psychologist shall be responsible for keeping themselves continuously updated with the latest medical knowledge relevant to the scope of their practice of medicine.

2. Ways to continuously update medical knowledge, including:

a) Participating in short-term training courses, conferences and workshops on medicine designed to be relevant to the scope of practice of medicine;

b) Getting involved in designing professional curricula, syllabi and materials relating to healthcare;

c) Conducting scientific and academic researches in medicine relevant to the scope of practice of medicine;

d) Self-education and others.

3. Medical establishments shall be responsible for encouraging medical practitioners to continuously acquire updated medical knowledge.

4. The Minister of Health shall elaborate on this Article.

Section 2. CONDUCT OF ASSESSMENT OF QUALIFICATION FOR PRACTICE OF MEDICINE

Article 23. Practicing as medical interns

1. Any person applying for a practising license as a doctor, physician assistant, nurse, midwife, medical technician, clinical nutritionist, out-of-hospital paramedic or clinical psychologist shall be required to practise as a medical intern to provide medical care according to the principles specified in clause 2 of this Article, except if:

a) he/she has completed a training course in specialization;

b) he/she has been awarded a practising license issued by a competent foreign body or entity, and recognized pursuant to Article 29 herein.

2. Practising as medical interns providing healthcare shall follow the principles stated hereunder:

a) The awarded academic qualification must be relevant;

b) The objectives of medical internship must fit into the scope of operations of a medical establishment;

c) The required duration of practicing as a medical intern must be suitable for each professional title;

d) The medical establishment accepting medical interns must assign its staff as instructors to give medical internship guide, register the list of medical interns on its premises on the healthcare management information system, and give medical interns written confirmation of their medical internship;

dd) All of the assigned instructors must be medical practitioners whose professional duties are suitable for the instruction on the medical interns’ practice of medicine and must be responsible for the medical interns’ professional activities during internship, except where the medical interns intentionally violate laws;

e) Medical interns must submit to the command and guidance of their instructors, and respect patients’ rights and obligations.

3. The Government shall elaborate on this Article.

Article 24. Assessment of qualification for practice of medicine (hereinafter referred to as qualification test)

1. Taking the qualification test shall be prerequisite for application for practising licenses to be awarded to medical practitioners holding the titles of doctor, physician assistant, nurse, midwife, medical technician, clinical nutritionist, out-of-hospital paramedic or clinical psychologist.

2. In order to be eligible to take a qualification test, a candidate must:

a) hold an academic qualification appropriate for each professional title specified in clause 1 of this Article;

b) complete the medical internship as defined in Article 23 herein.

3. Qualification tests shall be conducted by the Vietnam’s National Medical Council (VNMC) acting as a presiding body.

4. Candidates taking qualification tests shall be liable for fees, costs and expenses incurred from these tests.

5. The Government shall elaborate on this Article.

Article 25. Vietnam’s National Medical Council (VNMC)

1. VNMC is an organization created by the Prime Minister that functions as an independent appraiser of qualification for the practice of medicine; has its own seal and headquarter.

2. It shall have the following tasks and duties:

a) Preside over and cooperate with healthcare socio-professional organizations and other relevant agencies and organizations in developing a benchmarking toolkit for assessment and measurement of qualification for the practice of medicine;

b) Adopt the aforesaid benchmarking toolkit;

c) Conduct qualification tests;

d) Receive, process and handle requests and complaints, or cooperate with state agencies in handling complaints and denunciations relating to qualification test results;

dd) Perform other tasks and duties assigned by the Prime Minister.

3. The Prime Minister shall impose regulations on VNMC’s organization and operation.

Section 3. PRACTISING LICENSES

Article 26. Professional ranks or titles requiring practising licenses

1. Below are professional ranks or titles requiring practising licenses:

a) Doctors;

b) Physician assistants;

c) Nurses;

d) Midwives;

dd) Medical technicians;

e) Clinical nutritionists;

g) (Out-of-hospital) paramedics;

h) Clinical psychologists;

i) Herbalists;

k) Holders of folk remedies or therapies.

2. The Government shall lay down regulations for professional ranks or titles; conditions for issuance, re-issuance, renewal, modification or revision, suspension of medical practice, and revocation or withdrawal of practicing licenses with respect to professional ranks or titles that are added in the list of professional ranks or titles specified in clause 1 of this Article to keep up with the socio-economic developments of our country over periods of time after presenting the updated list to the National Assembly’s Standing Committee to seek its approval.

3. The Minister of Health shall impose regulations on the scope of medical activities involved in the practice of medicine to be applied to specific professional ranks or titles.

Article 27. Practising licenses

1. Each medical practitioner may be awarded only one practising license that is valid for use nationwide.

2. The validity period of each practising license shall be 05 years.

3. Each practising license shall include but not limited to the following information:

a) Full name; date of birth; personal identification number for Vietnamese practitioners; Passport number and nationality for foreign practitioners;

b) Professional title;

c) Scope of practice;

d) Validity period or expiry date of the practicing license.

4. Applicants for issuance, re-issuance, renewal, revision or modification of practising licenses shall pay fees defined in law on fees and charges, except as it is the fault of an agency having jurisdiction to issue practising licenses that a practising license needs to be issued, re-issued, renewed, revised or modified .

5. The Minister of Health shall elaborate on this Article and decide on the practising license design or format.

Article 28. Authority to issue, reissue, renew, modify or revise practising licenses; suspend practice of medicine, revoke or withdraw practising licenses

1. Authority to issue, reissue, renew, modify or revise practising licenses shall be regulated as follows:

a) The Ministry of Health shall be accorded authority to issue, re-issue, renew, modify or revise practising licenses for the title of doctor, physician assistant, nurse, midwife, medical technician, clinical nutritionist, out-of-hospital paramedic or clinical psychologist if holders thereof are working for medical establishments under its jurisdiction;

b) The Ministry of National Defence shall be accorded authority to issue, re-issue, renew, modify or revise practising licenses for the title of doctor, physician assistant, nurse, midwife, medical technician, clinical nutritionist, out-of-hospital paramedic or clinical psychologist if holders thereof are working for medical establishments under its jurisdiction;

c) The Ministry of Public Security shall be accorded authority to issue, re-issue, renew, modify or revise practising licenses for the title of doctor, physician assistant, nurse, midwife, medical technician, clinical nutritionist, out-of-hospital paramedic or clinical psychologist if holders thereof are working for medical establishments under its jurisdiction;

d) Medical agencies under provincial People’s Committees shall be accorded authority to issue, re-issue, renew, modify or revise practising licenses for those titles specified in clause 1 of Article 26 herein, except as prescribed in point a, b and c of this clause.

2. Authority to suspend, withdraw or revoke practising licenses shall be regulated as follows:

a) The Ministry of Health shall be empowered to suspend medical practitioners working for medical establishments nationwide from their practice of medicine; revoke or withdraw practising licenses of medical practitioners working for medical establishments under its jurisdiction;

b) The Ministry of National Defence shall be empowered to enforce suspension of practice of medicine, revocation or withdrawal of practising licenses on medical practitioners working for medical establishments under its jurisdiction;

c) The Ministry of Public Security shall be empowered to enforce suspension of practice of medicine, revocation or withdrawal of practising licenses on medical practitioners working for medical establishments under its jurisdiction;

d) Medical agencies under provincial People’s Committees shall be empowered to suspend medical practitioners working for medical establishments falling within their remit from their practice of medicine; revoke or withdraw practising licenses of medical practitioners working for medical establishments under their jurisdiction.

Article 29. Recognition of practising licenses issued by competent foreign bodies or entities

1. Practising licenses issued by competent foreign bodies or entities shall be considered for recognition when fully meeting the following conditions:

a) These practising licenses are recognized under international treaties of which the Socialist Republic of Vietnam is a member state, or international agreements to which Vietnam is a signatory; are issued by competent foreign bodies or entities that have been assessed and recognized by the Ministry of Health as prescribed in clause 3 of this Article;

b) These practising licenses remain valid at the time of application for recognition;

c) These practising licenses contain information about professional titles that shall be equivalent to one of the professional titles specified in point a, b, c, d, dd, e, g and h of clause 1 of Article 26 herein.

2. Recognition procedures shall be as follows:

a) The practising license holder sends the application package for recognition to the Ministry of Health, including the application form for recognition and the valid copy of the practising license in question;

b) Within 30 days of receipt of the application package, the Ministry of Health is obliged to send a response stating acceptance or refusal of grant of recognition;

c) Where it is necessary to verify matters relating to the applicant’s training in foreign countries, the duration of decision to grant recognition shall be 30 days from the day on which verification results are available.

3. Assessment for accreditation of a foreign body or entity issuing practising licenses shall deal with:

a) its training system;

b) its system, processes and procedures for award of practising licenses, and regulations on professional titles and scope of practice.

4. Holders of the practising licenses issued by competent foreign bodies or entities that are recognized in Vietnam shall be exempted from the requirement for practising as medical interns that are set forth in Article 23 herein, and taking qualification tests that are specified in Article 24 herein.

5. The Government shall elaborate on this Article.

Article 30. Issuance of practising licenses

1. A practising license may be issued to:

a) a person who first applies for the practising license;

b) a medical practitioner whose professional title specified in his/her practising license is changed;

c) a person whose practising license is revoked as prescribed in regulations on issuance of practising licenses of the Government;

d) Other persons as decided by the Government.

2. Conditions for issuance of practising licenses applied to those holding the professional titles as doctors, physician assistants, nurses, midwives, medical technicians, clinical nutritionists, out-of-hospital paramedics or clinical psychologists shall be as follows:

a) Applicants are accredited for the practice of medicine by passing qualification tests specified in Article 24 herein, or hold practising licenses recognized pursuant to Article 29 herein;

b) Applicants have good health to practice medicine;

c) Foreign applicants satisfy Vietnamese proficiency requirements under the Government's regulations;

d) Applicants do not get into the situations specified in Article 20 herein, or are punished for administrative offences involving the unlicensed practice of medicine within the time limit assigned for deeming that they have not yet been punished for administrative offences.

3. Conditions for issuance of practising licenses applied to those holding the professional titles as herbalists, holders of folk remedies or therapies shall be as follows:

a) Applicants hold herbalist certificates or certificates of holders of folk remedies or therapies;

b) Applicants satisfy the conditions laid down in point b, c and d of clause 2 of this Article.

4. An application package for issuance of a practising license shall be composed of:

a) Application form;

b) Documentary evidence of conformance to the conditions specified in clause 2 or 3 of this Article with respect to corresponding professional titles.

5. Procedures for issuance of a practising license shall be regulated hereunder:

a) The applicant submits the set of documents specified in clause 4 of this Article to the competent licensing agency;

b) The competent licensing agency is required to issue the requested practising license within 30 days of receipt of all required documents; in case of rejection, a written response, clearly stating reasons for such rejection, shall be sent to the applicant;

c) Where it is necessary to verify documents of foreign origin enclosed in the application package, the duration of decision to issue a practising license shall be 30 days from the day on which verification results are available.

6. The Government shall elaborate on this Article.

Article 31. Re-issuance of practising licenses

1. A practising license may be re-issued if:

a) it is lost or damaged;

b) there is any change in the information specified in point a of clause 3 of Article 27 herein, or any error in the information specified in clause 3 of Article 27 herein;

c) the person whose practising license is revoked meets the Government’s regulations on re-issuance of practising licenses;

d) it is issued ultra vires;

dd) other circumstances specified in the Government’s regulations arise.

2. Conditions for re-issuance of a practising license shall be as follows:

a) The practising license already exists;

b) Conditions fitted to the content of the application for re-issuance are satisfied;

c) Any of the cases prescribed in Article 20 herein does not occur.

3. An application package for re-issuance of a practising license shall be composed of:

a) Application form;

b) Documentary evidence of conformance to the conditions specified in clause 2 of this Article.

4. Procedures for re-issuance of a practising license shall be regulated hereunder:

a) The applicant submits the application package defined in clause 3 of this Article to the competent licensing agency;

b) The competent licensing agency is required to re-issue the requested practising license within 15 days of receipt of all required documents; in case of rejection, a written response, clearly stating reasons for such rejection, shall be sent to the applicant;

c) Where it is necessary to verify documents of foreign origin enclosed in the application package, the duration of decision to re-issue a practising license shall be 15 days from the day on which verification results are available.

5. The Government shall elaborate on this Article.

Article 32. Renewal of practising licenses

1. A practising license may be renewed if the practising license expires.

2. Conditions for renewal of practising licenses applied to those holding the professional titles as doctors, physician assistants, nurses, midwives, medical technicians, clinical nutritionists, out-of-hospital paramedics, clinical psychologists or herbalists shall be as follows:

a) Satisfy the requirements for continuously updating medical knowledge set out in Article 22 herein;

b) Have good health to practice medicine;

c) Be obliged to complete renewal procedures at least 60 days before the practising license expires, unless otherwise required under the Government's regulations;

d) Any of the cases prescribed in Article 20 herein does not occur.

3. Conditions for renewal of practising licenses applied to those holding the professional titles as holders of folk remedies or therapies shall comprise the conditions set out in point b, c and d of clause 2 of this Article.

4. The application package for renewal of a practising license shall be composed of the documentary evidence of conformance to the conditions specified in clause 2 or 3 of this Article.

5. Procedures for renewal of a practising license shall be regulated hereunder:

a) The applicant submits the application package defined in clause 4 of this Article to the competent licensing agency;

b) During the period from the date of receipt of all required application documents to the expiry date printed on a practising license, the competent licensing agency shall be responsible for renewing it or replying in writing to the license holder with clear reasons for rejection of renewal; where there is no written reply till the expiry date printed on the foregoing practising license, it shall be renewed as per clause 2 of Article 27 herein;

c) Where it is necessary to verify whether the applicant participates in medical knowledge updating programs run by a qualified foreign entity or organization, the duration of decision to renew the practising license shall be 15 days from the day on which verification results are available.

6. The Government shall elaborate on this Article.

Article 33. Modification or revision of practising licenses

1. Practising licenses awarded to medical practitioners holding the titles as doctors, physician assistants, nurses, midwives, medical technicians, clinical nutritionists, out-of-hospital paramedics or clinical psychologists may be modified or revised when there is any change in the scope of medical practice.

2. Conditions for modification or revision of a practising license shall be as follows:

a) The applicant has been certified in writing to complete a training course to adapt his/her professional and technical expertise in healthcare to the scope of medical practice in question by a qualified training institution or hospital;

b) The applicant meets the medical internship requirements applied to several fields of specialization;

c) Any of the cases prescribed in Article 20 herein does not occur.

3. An application package for modification or revision of a practising license shall be composed of:

a) The application form;

b) The documentary evidence of conformance to the conditions specified in clause 2 of this Article.

4. Procedures for modification or revision of a practising license shall be regulated hereunder:

a) The applicant submits the application package defined in clause 3 of this Article to the competent licensing agency;

b) The competent licensing agency is required to modify or revise the foregoing practising license within 15 days of receipt of all required documents; in case of rejection, a written response, clearly stating reasons for such rejection, shall be sent to the applicant;

c) Where it is necessary to verify documents of foreign origin enclosed in the application package, the duration of decision to modify or revise a practising license shall be 15 days from the day on which verification results are available.

5. The Government shall elaborate on this Article.

Article 34. Suspension of practice of medicine

1. A medical practitioner shall be suspended from his/her practice of medicine if:

a) the Expert Panel defined in Article 101 herein establishes that he/she has committed an error related to his/her professional and technical expertise in healthcare to the extent of incurring the sanction of suspension of his/her practice of medicine due to the fact that such error does not cause him/her to deserve the more severe sanction of revocation or withdrawal of his/her practising license;

b) the competent authority establishes that he/she has committed a violation against professional ethics which is not so severe that the sanction of revocation or withdrawal of his/her practising license is imposed;

c) he/she is not healthy enough to practise medicine.

2. Depending on the nature and severity of an error related to professional and technical expertise in healthcare, violation of professional ethics and his/her health status, the medical practitioner may be suspended from practice of medicine for 1 to 24 months.

3. After being suspended from practising medicine, depending on the nature and severity of his/her error in professional and technical expertise in healthcare, the medical practitioner shall be required to keep up with the most updated medical knowledge according to the conclusion of the Expert Panel pursuant to Article 101 herein.

4. The Government shall elaborate on this Article.

Article 35. Revocation or withdrawal of practising licenses

1. A practising license shall be revoked if:

a) the application package for award of that practising license fails to meet regulations;

b) there is any fraudulent document enclosed in the application package for issuance of the practising license;

c) the professional title or the scope of practice printed in that practising license is different from those stated in the application package for issuance of the practising license;

d) the medical practitioner holding the practising license has not practiced medicine for 24 consecutive months, except when he/she takes a medical training course;

d) the medical practitioner is subject to prohibition of practice of medicine as defined in clause 1,2, 3, 4 and 6 of Article 20 herein;

e) the Expert Panel defined in Article 101 herein establishes that the medical practitioner holding that practising license has committed an error related to his/her professional and technical expertise in healthcare to the extent of incurring the sanction of revocation or withdrawal of his/her practising license;

g) the Expert Panel defined in Article 101 herein establishes that the medical practitioner holding that practising license has committed an error related to his/her professional and technical expertise in healthcare for the second time to the extent of incurring the sanction of suspension of his/her practice of medicine;

h) the competent state agency establishes that the medical practitioner holding that practising license has violated professional ethics to the extent of incurring the sanction of suspension of his/her practice of medicine within the validity period of that practising license;

i) that practising license is revoked or withdrawn at the request of the medical practitioner holding it;

k) other circumstances regulated by the Government after being presented to the National Assembly’s Standing Committee.

2. After his/her practising license is revoked or withdrawn, the medical practitioner who wishes to carry on his/her practice of medicine shall be required to apply for a new practising license to be issued in accordance with point c of clause 1 of Article 30 herein, or apply for another practising license to be re-issued in accordance with point c of clause 1 of Article 31 herein.

3. The Government shall elaborate on this Article.

Section 4. REGISTRATION FOR PRACTICE OF MEDICINE

Article 36. Registration principles

1. A medical practitioner may register for his/her practice of medicine at different medical establishments provided that his/her working hours at these medical establishments do not overlap.

2. A medical practitioner may hold one or more professional positions listed hereunder on registration with a medical establishment on condition that he/she is required to perform well in his/her assignments:

a) Providing medical services according to his/her practising license;

b) Being in charge of a specialized department;

c) Assuming professional responsibilities at his/her employing medical establishments.

3. A medical practitioner may practice medicine without being required to apply for registration for practice of medicine if:

a) he/she provides emergency care off the premises, except out-of-hospital emergency care;

b) he/she is mobilized and dispatched by the competent body or person to participate in medical examination and treatment activities in response to a natural disaster, calamity, group-A infectious disease or a state of emergency;

c) he/she takes part in humanitarian outreach healthcare campaigns organized at intervals;

d) he/she temporarily provides medical care during the period of transfer of professional and technical expertise in healthcare or technical assistance at another medical establishment;

dd) Other circumstances regulated by the Minister of Health arise.

Article 37. Information required for registration

1. Full name, reference number of the practising license.

2. Professional title or rank of the medical practitioner.

3. Information about the practice location, including name and address of the medical establishment granting registration to the medical practitioner.

4. Working hours and days.

5. The language used by the foreign medical practitioner in the delivery of healthcare. This information is required for those defined in point a and b of clause 2 of Article 21 herein.

Article 38. Responsibilities arising from registration for practice of medicine

1. A medical establishment shall acts as follow to get registration for their medical practitioners:

a) Sending the list of medical practitioners applying for registration together with the application for issuance of an operating license to the agency having jurisdiction to grant operating licenses;

b) If any change of medical practitioners on the list occurs pending issuance of the operating license or during its operation, the application form for registration shall be sent to the agency having jurisdiction to award operating licenses.

2. The agency having jurisdiction to issue operating licenses shall have the duty to publish the list of registered medical practitioners on the healthcare management information system

a) at the same time as issuance of the operating license with respect to the original list specified in point a, and the updated list specified in point b of clause 1 of this Article;

b) within 05 working days of receipt of the application form for practice of medicine with respect to the updated list specified in point b of clause 1 of this Article.

3. The Government shall imposed detailed regulations on registration for practice of medicine specified in Section 4 of Chapter III herein.

Section 5. MEDICAL PRACTITIONERS’ RIGHTS

Article 39. Right to practise medicine

1. Practise medicine according to the permitted scope of practice.

2. Make decisions pertaining to medical diagnosis and therapy if the scope of practice permits.

3. Practise medicine at different medical establishments in compliance with regulations on registration for practice of medicine enshrined herein.

4. Become members of healthcare socio-professional organizations.

Article 40. Right of refusal to provide medical care

Medical practitioners may refuse to provide medical care in the following cases:

1. If the medical prognosis indicates that a patient’s disease is beyond the competence or scope of practice of the medical practitioner receiving that patient, he/she may refuse to provide medical care, but must refer the patient to another medical practitioner or other suitable medical establishment, and must perform the practice of first aid, emergency care, monitoring, care and treatment of the patient until such referral is completed;

2. Such medical care is in breach of laws or professional ethics;

3. The patient needing medical care or his/her family or relatives commit an act of infringing upon the body, health and life of the medical practitioner on duty, except if that patient suffers from mental illness or other diseases causing impairment of his/her cognition or behavior control;

4. The patient requires the method of medical examination or treatment that is not permitted by regulations on professional and technical expertise in healthcare;

5. The patient, the patient's representative referred to in point a of clause 2 and point a of clause 3 of Article 15 herein fails to comply with the medical practitioner's prescription for the medical diagnosis or therapy after being consulted or encouraged by the medical practitioner despite the fact that such non-compliance is prone to harm the patient's health and life.

Article 41. Right to improvement of professional qualification

1. Have access to training courses designed to improve professional qualification.

2. Receive continuous updates on medical knowledge that are appropriate to the scope of practice.

3. Participate in training sessions, and exchange healthcare information and knowledge about laws on medicine.

Article 42. Right to be protected in case of occurrence of medical incidents

1. Medical practitioners shall be afforded protection by law, and granted exemption from any blame for medical incidents if they practise medicine in compliance with regulations.

2. Medical practitioners may request healthcare agencies, entities or socio-professional organizations to protect their legitimate rights and interests in case of occurrence of medical incidents.

Article 43. Right to personal safety during practice of medicine

1. Enjoy workplace safety and hygiene standards while on duty as per laws on occupational safety and hygiene.

2. Be offered protection of their honor, dignity, health and life.

3. Gain permission to temporarily leave their workplace to avoid any threat to their health and life posed by other person on condition that they promptly notify the person in charge of professional practices or the shift-working chief at the medical establishment, or the police authority or the nearest local authority.

Section 6. MEDICAL PRACTITIONERS’ OBLIGATIONS

Article 44. Obligations to patients

1. Promptly provide first aid, emergency care or medical care to patients, except as specified in clause 2, 3, 4 and 5 of Article 40 herein.

2. Respect patients’ rights; have a considerate and gentle attitude towards patients.

3. Provide counsels and information pursuant to clause 1 of Article 9 herein.

4. Treat patients equally; avoid allowing personal interests or discrimination to influence their professional decisions.

5. Request patients to pay costs of medical services as permitted by law.

Article 45. Obligations relating to the medical profession

1. Comply with regulations pertaining to professional and technical expertise in healthcare.

2. Assume responsibility for their delivery of healthcare.

3. Continuously learn and update their medical knowledge.

4. Offer whole-hearted medical services.

5. Protect the privacy in terms of patients’ medical condition, information provided by patients and their medical records, except as agreed by patients to share such information and defined in clause 3 and 4 of Article 69 herein.

6. Report any act of patient deception or violation against this Law committed by medical practitioners to competent persons.

Article 46. Obligations to colleagues

1. Cooperate with their colleagues in healthcare.

2. Respect the dignity and prestige of their colleagues.

Article 47. Social obligations

1. Participate in first aid, health protection and health education in the community.

2. Join in supervising the medical skills and competence and professional ethics of other practitioners.

3. Observe temporary job rotation decisions issued by their immediately supervisory agencies; mobilization or dispatch decisions from competent agencies or persons to join in providing medical services in case of a natural disaster, calamity, group-A infectious disease or a state of emergency with the exceptions mentioned hereunder:

a) Medical practitioners who are pregnant or nursing a child under 24 months of age, unless they volunteer;

b) Medical practitioners who are in a high-risk category for epidemics and otherwise regulated by the Minister of Health.

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