Chương III Thông tư 16/2014/TT-BYT: Tổ chức, hoạt động, điều kiện, thẩm quyền, thủ tục cấp giấy phép hoạt động của phòng khám bác sĩ gia đình

Chapter III

ORGANIZATION, OPERATION, CONDITIONS AND COMPETENCE OF FAMILY DOCTOR CLINICS, PROCEDURES FOR GRANT OF OPERATION LICENSES FOR FAMILY DOCTOR CLINICS

Article 9. Position, functions and tasks of family doctor clinics in the system of medical examination and treatment establishments

1. A family doctor clinic is one of the first establishments receiving patients in the system of medical examination and treatment establishments.

2. Family doctor clinics have the following tasks:

a/ To screen, give first aid, medical examination and treatment, transfer patients to other medical examination and treatment establishments under regulations on transfer of medical examination and treatment levels, and receive patients for further health management, protection, care and improvement;

b/ To closely coordinate with medical examination and treatment establishments in the system in ensuring health management, medical examination and treatment for individuals, households and the community;

c/ To make contacts for transfer of patients under their management to appropriate medical examination and treatment establishments for examination and treatment.

Article 10. Professional and technical levels and list of professional and technical operations of family doctor clinics

1. Independent private family doctor clinics and communal health clinics with integrated or added functions and tasks of family doctor clinics shall apply professional and technical levels and list of professional and technical operations specified in the Minister of Health’s Circular No. 43/2013/TT-BYT of December 11, 2013, detailing professional and technical levels of the system of medical examination and treatment establishments (below referred to as Circular No. 43/2013/TT-BYT).

2. Family doctor clinics in private general medical clinics or private general hospitals shall apply the professional and technical levels and list of technical operations for the level of private general medical clinics or private general hospitals specified in Circular No. 43/2013/ TT-BYT.

3. Family doctor clinics of the medical examination departments of public general hospitals shall apply the professional and technical levels and the list of technical operations for the level of public general hospitals specified in Circular No. 43/2013/TT-BYT.

Article 11. Provision of health insurance-covered medical examination and treatment by family doctor clinics

Family doctor clinics may provide health insurance-covered medical examination and treatment in accordance with the law on health insurance.

Article 12. Management of medical history records, statistics and archives of family doctor clinics

1. Family doctor clinics shall record and archive information on medical examination and treatment in accordance with the law on medical examination and treatment.

2. Family doctor clinics must have records of comprehensive management of health of individuals and households already registered for health management. These clinics shall keep confidential personal information of those registered for health management in accordance with law.

3. Family doctor clinics shall manage medical history records, statistics and archives in compliance with the law on medical examination and treatment establishments.

Article 13. Medical examination and treatment service charges of family doctor clinics

1. Medical examination and treatment service charges are as follows:

a/ Public family doctor clinics shall apply medical examination and treatment service charges approved by competent state agencies;

b/ Private family doctor clinics may decide on their service charges but shall publicly post up such service charges and collect them at posted rates in accordance with the price law.

2. Charges for health insurance-covered medical examination and treatment services must comply with the law on health insurance.

Article 14. Conditions for independent private family doctor clinics to obtain operation licenses

1. Physical foundations

a/ Construction and design:

- They are in fixed location separated from spaces for family daily-life activities;

- They are solidly built and well-lit with dust-proof ceilings and walls and floors made of easy-to-clean materials;

b/ There must be an in-patient reception, a medical examination and health consultancy room of at least 10 m2.

c/ In addition to the conditions prescribed at Points a and b of this Clause, depending on the scope of registered professional operations, a clinic must meet the conditions prescribed by the law on medical examination and treatment in conformity with its organizational form and scope of registered professional operation.

d/ Ensuring treatment of medical waste and control of bacterial contamination in accordance with law;

dd/ There must be equipment for information technology application in health management and medical examination and treatment;

e/ Ensuring sufficient electricity, water, toilets and other conditions to serve patients.

2. Medicine and medical equipment

There must be sufficient medical equipment and tools and medicines conformable with the scope of registered professional operation of clinics, including at least an anti-shock first aid kit and sufficient specialized first-aid medicines.

3. Personnel

a/ A person responsible for professional operations of a clinic must satisfy the following conditions:

- For family doctor clinics applying for operation licenses before January 1, 2018, the person responsible for professional operations of a clinic must be a doctor that has a practice certificate in family medicine and has provided medical examination and treatment for at least 36 months;

- For family doctor clinics applying for operation licenses on or after January 1, 2018, the person responsible for professional operations of a clinic must be a doctor that has a practice certificate in family medicine and has provided medical examination and treatment for at least 36 months, including full 24 months of medical examination and treatment specializing in family medicine.

b/ A person directly providing medical examination and treatment and managing health must possess a family doctor practice certificate;

c/ A person performing professional jobs of a clinic must possess a practice certificate suitable to the scope of professional operations;

d/ Apart from the conditions prescribed in this Clause, a practitioner must also possess a certificate of professional training or retraining according to professional and technical requirements.

4. Scope of professional operations

Family doctor clinics may perform the following professional operations:

a/ Medical examination and treatment:

- To give first aid and intensive care;

- To provide medical examination and treatment according to the list of technical operations approved by a competent state agency;

- To comprehensively manage health of individuals, households and the community;

- To provide health care and screening for early detection of diseases;

- To change medical examination and treatment levels;

- To provide palliative care and end-of-life care services;

- To perform other professional techniques approved by competent state agencies based on practical conditions of clinics;

- To carry out the following activities in a patient’s family: medical examination, prescription for common illnesses; performing a number of operations, such as dress changing, suture removal, collection of urine and blood samples for testing, aerosols; injection and transfusion of fluids in emergency cases.

b/ Functional rehabilitation:

- To organize the community-based functional rehabilitation for those in need;

- To perform techniques of functional rehabilitation, physical therapy and physical exercise for patients and the community,

c/ Traditional medicine:

- To provide medical examination and treatment with traditional medicine methods (with or without medications);

- To use herbal medicine ingredients produced by other establishments with circulation registration granted by the Ministry of Health to serve medical examination and treatment;

- To process raw herbs into semi-processed herbal medicines, and weigh herbal portions for patients;

d/ Disease prevention and primary healthcare:

- To take part in supervising and early detecting epidemics in the community;

- To take part in immunization programs, national health programs;

- To guide environmental sanitation, food hygiene and safety, prevention and control of infectious diseases and non-infectious diseases;

- To participate in the management of occupational diseases, maternal, child and elderly healthcare, periodic health checkup to help early detect diseases; to make medical history records to keep a comprehensive and constant watch of individual and family health under the Ministry of Health’s regulations.

dd/ Health consultancy:

- To provide people and the community with consultancy on medical examination and treatment, disease prevention, healthcare and health improvement;

- To participate in health communication and education to contribute to improving public awareness about active disease prevention, the prevention of health risks.

e/ Scientific research and training:

- To conduct scientific research into family medicine and related issues;

- To participate in specialized training in family medicine;

- To participate in constant training programs in family medicine to improve professional skills.

Article 15. Operation conditions on family doctor clinics in private general medical clinics or the medical examination departments of general hospitals

1. Family doctor clinics in private general medical clinics or medical examination departments of general hospitals must satisfy the conditions prescribed in Article 14 of this Circular.

2. Private general clinics or general hospitals having family doctor clinics shall carry out the following procedures:

a/ Private general clinics or newly-established general hospitals having family doctor clinics must be appraised and satisfy the operation conditions on family doctor clinics prescribed in Article 14 of this Circular upon the grant of operation licenses;

b/ Private general clinics or general hospitals that obtained operation licenses which add family doctor clinics must possess competent authorities’ decisions on clinic establishment and make written requests for competent state agencies having granted operation licenses to appraise and supplement the scope of professional operations in operation licenses.

Article 16. Competence, dossiers and procedures for grant of operation licenses for independent family doctor clinics

The competence, dossiers and procedures for grant of operation licenses of independent family doctor clinics established and registered for operation by family doctors must comply with the Minister of Health’s Circular No. 41/2011/TT-BYT of November 14, 2011, guiding the grant of practice certificates to practitioners and operation licenses for medical examination and treatment establishments, and other related legal documents.

Article 17. Communal health clinics with integrated or added tasks of family doctor clinics

1. Medical examination and treatment tasks in family medicine at communal health clinics shall be integrated or added as follows:

a/ In addition to the tasks under current regulations, communal health clinics may perform medical examination and treatment in family medicine;

b/ Communal health clinics may arrange a separate section or a family doctor to provide medical examination and treatment in family medicine.

2. Conditions for provision of medical examination and treatment in family medicine

If providing medical examination and treatment in family medicine, a communal health clinic must satisfy the conditions on physical foundation, equipment and personnel prescribed in Article 15 of this Circular in conformity with its scope of professional operations in family medicine.'