Thông tư 11/2001/TT-BYT hướng dẫn điều kiện hành nghề dịch vụ xoa bóp

CIRCULAR

GUIDING THE CONDITIONS FOR MASSAGE SERVICE PRACTICE

Pursuant to the Enterprises Law and the legal documents guiding the implementation thereof, the Government’s Decree No. 11/1999/ND-CP of March 3, 1999 on goods banned from circulation, commercial services banned from provision, goods and services subject to business restriction or conditional business, the Government’s Decree No. 02/2000/ND-CP of February 3, 2000 on business registration, the Government’s Decree No. 03/2000/ND-CP of February 3, 2000 guiding the implementation of a number of provisions of the Enterprises Law;
Pursuant to the Ordinance on Private Practice of Medicine and Pharmacy and the Government’s Decree No. 06/CP of January 29, 1994 detailing a number of articles of the Ordinance on Private Practice of Medicine and Pharmacy;
Pursuant to the Government’s Decree No. 87/CP of December 12, 1995 on enhancing the management of cultural activities and cultural services, stepping up the elimination of a number of grave social evils;
Pursuant to the Government’s Decree No. 30/2000/ND-CP of August 11, 2000 on cancellation of a number of permits and turning a number of permits into business conditions,
The Health Ministry hereby guides the conditions for massage service practice as follows:

I. GENERAL PROVISIONS

1. Massage is a method in the system of physiotherapy methods aiming to rehabilitate and improve human health.

2. Medical examination and treatment establishments, functional rehabilitation establishments and hotels providing massage services shall have to comply with the provisions of this Circular.

3. Beauty saloons, face lift and street massage shall not be governed by this Circular.

4. The blind’s societies at all levels, if meeting all the conditions prescribed in Section II on conditions for massage service providing establishments of this Circular may register for provision of massage services.

II. CONDITIONS FOR MASSAGE SERVICE ESTABLISHMENTS

1. They must have doctors in charge of massage service practice: The doctors in charge must satisfy the following requirements:

a/ Professionally:

- Being doctors specialized in functional rehabilitation.

- Being doctors specialized in traditional medicine, general doctors with certificates of training in physio-therary and functional rehabilitation at schools designated by the Health Ministry (on the list prescribed in Appendix 1).

b/ For incumbent officials, being permitted in writing by the leadership of their managing agencies for moonlighting.

c/ Having good health for working (health certificates issued by medical examination and treatment establishments of district or higher level).

d/ Being allowed to register professional practice at only one establishment and taking the professional and technical responsibility.

It is strictly forbidden to lease or borrow training diplomas and certificates.

e/ Signing labor contracts between doctors and business establishment owners.

2. They must have massage technical personnel: The technical personnel must satisfy the following requirements:

a/ Having certificate of professional and technical training in massage, granted by one of the schools designated by the Health Ministry (on the list prescribed in Appendix 1).

b/ The massage technical personnel must strictly adhere to the technical process they have learned. After 3 years, the head doctors must re-examine their professional skills; if they are fully qualified, they may continue their massage practice; if failing to meet the criteria, they must be sent to training establishments designated by the Health Ministry for re-training.

c/ When employed, they must have heath qualification certificates granted by medical examination and treatment establishments of district or higher level. In the course of their working, they must have periodical health checks once every 3 or 6 months at medical examination and treatment establishments of district or higher level. People suffering from mental diseases, hepatitis B, HIV/AIDS, skin diseases, tuberculosis and other contagious diseases and being in the period of hospitalization must not practice the profession.

d/ Signing labor contracts with business establishment owners under the professional consent of the head doctors.

3. Other conditions:

a/ Signboards: They must be correctly inscribed with "Xoa bop" or "massage", not with the phrase "vat ly tri lieu, phuc hoi chuc nang" (Physiotherapy, functional rehabilitation), or others.

b/ The massage rooms must fully satisfy the following conditions:

- Being spacious, with partitions between individual beds or separate rooms (of 4m2 or more each), with ceiling of at least 2.5m high.

- Being furnished with adequate lighting, not with light-regulating lamps.

- Having the electric switches placed outside the massage rooms.

- Being equipped with cabinets, lockers for storage of customers clothing and property.

- Being not furnished with inside locks and bolts.

- Being not furnished with any communication means for contacting people inside the massage rooms.

- The doors must be structured with transparent glass at 1.5m from the floor, 0.5m high and 0.3m wide.

- Massage beds must be of the prescribed size; 0.6 - 0.8m high, 0.7-0.9m wide, 2 - 2.2m long, with firm mattress, bed spread, pillows, bath towels must be steamed for sterilization and used only once.

- The beds are placed in position of 450 against �the door transparent glass.

- Having the massage technical process printed in big readable letters (on A1-size paper) affixed on the wall of each room.

- Being equipped with emergency bell for one-way contact from the massage room to the doctor’s room or the guest reception place.

c/ Being furnished with hygienic bathroom and clean water supply system.

d/ The doctor’s room must be equipped with examination bed, first-aid drug cabinet, desk, tools for health checks.

e/ Having adequate drugs on the prescribed list, having common medical instruments.

f/ The massage technical personnel must wear tidy, clean, beautiful, high-necked dress as well as badge inscribed with the establishment name, personnel’s name and affixed with the personnel’s photo of 3 x 4 size and practice the profession at massage rooms prescribed in Section II, Item 2 above.

III. EXAMINATION, INSPECTION AND HANDLING OF VIOLATIONS

The Health Services of the provinces and centrally-run cities (called collectively the provinces) shall have to supervise the activities of massage service establishments. Regularly or irregularly, they must organize inter-branch examination, inspection teams to inspect the observance of the provisions of this Circular and other relevant law provisions.

The Health Ministry shall coordinate with the provincial/municipal Health Services in conducting regular or irregular inspection of the observance of the provisions of this Circular.

Organizations and individuals practicing massage shall have to abide by and facilitate the examination and inspection of their establishments. Organizations and individuals violating the provisions of this Circular shall, depending on the seriousness of their violations, be handled according to the provisions of law.

This Circular takes effect 15 days after its signing for promulgation and replaces Circular No. 19/BYT-TT of December 21, 1995 of the Health Ministry guiding the management of massage services.

IV. ORGANIZATION OF IMPLEMENTATION

1. The Health Ministry assigns the Therapy Department and the Science and Training Department to continue finalizing the program on functional rehabilitation fostering for general doctors who register their names for massage practice and the program on training of massage, physio-therapy personnel.

2. The Health Ministry assigns the medicinal universities and intermediate medical training schools (on the list prescribed in Appendix 1) the responsibility to train professional personnel under the programs of the Health Ministry and train massage personnel (only for those having certificates of primary or higher education graduation). After finishing the training courses, the trainees, if meeting the requirements, shall be granted certificates of professional and technical training in massage. Establishments wishing to send their officials and employees to such courses shall contacts the schools tasked to provide such training (see Appendix 1 to this Circular).

3. Directors of medical examination and treatment establishments, convalescence and functional rehabilitation establishments and hotels, presidents of the Blind’s Society and other organizations, which provide massage services, shall have to oversee all activities of their establishments and be accountable before law for their own establishments’ activities. If they let prostitution activities happen in their massage rooms, they shall be handled according to law.

4. The provincial/municipal Health Services shall coordinate with the provincial/municipal Police Departments and Tourism Services in reporting to the provincial/municipal People’s Committees for organization of the implementation of this Circular.

5. Annually, the provincial/municipal Health Services shall send their reports to the Health Ministry (The Therapy Department) on the implementation of this Circular by establishments under their respective management.

6. Annually, the schools, which train doctors who register their names for massage practice and massage personnel, shall send their reports to the Health Ministry (the Therapy Department) made according to set form.

APPENDIX 1

(ISSUED TOGETHER WITH CIRCULAR NO. 11/2001/TT-BYT OF JUNE 6, 2001)

I. THE SCHOOLS LISTED BELOW ARE TASKED BY THE HEALTH MINISTRY TO TRAIN DOCTORS IN CHARGE OF MASSAGE PRACTICE:

1. Hanoi Medicinal University.

2. Ho Chi Minh City Medicinal and Pharmaceutical University.

II. THE SCHOOLS LISTED BELOW ARE TASKED BY THE HEALTH MINISTRY TO TRAIN PERSONNEL DIRECTLY PROVIDING MASSAGE SERVICES:

In northern provinces:

1. Central Intermediate Medical Technique School No.I

2. Hanoi Intermediate Medical School in cooperation with the functional rehabilitation departments of Bach Mai and Saint-Paul hospitals.

3. Nghe An Intermediate Medical School.

4. Tue Tinh Intermediate School of Hanoi.

In central provinces:

1. Central Intermediate Medical Technique School No. II.

2. The Intermediate Medical Technique School of Thua Thien- Hue.

3. Khanh Hoa Intermediate Medical Technique School.

In southern provinces:

1. The medical technique department of Ho Chi Minh City Medicinal and Pharmaceutical University.

2. Tien Giang Intermediate Medical School.

3. Dong Nai Intermediate Medical School.

In Central Highlands:

1. Lam Dong Intermediate Medical School.

APPENDIX 3

(Issued together with Circular No. 11/2001/TT-BYT of June 6, 2001)

A. List of first-aid drugs at massage service establishments

B. A number of health examination instruments:

1. Stethoscope

2. Blood pressure meter

3. Thermometer

4. Syringe.-