Chương IV Thông tư 22/2013/TT-BYT: Điều khoản thi hành

CIRCULAR

GUIDING ON CONTINUOUS TRAINING IN HEALTH SECTOR

Pursuant to the Law on medical examination and treatment dated November 23, 2009, and the Government’s Decree No. 87/2011/ND-CP dated September 27, 2011, detailing and guiding implementation of a number of Articles of Law on medical examination and treatment;

Pursuant to the Law on Education dated June 14, 2005; the Government’s Decree No. 75/2006/ND-CP dated August 02, 2006, detailing and guiding implementation of a number of Articles of the Law on Education and the Government’s Decree No. 31/2011/ND-CP dated May 11, 2011, amending and supplementing a number of Articles of the Decree No. 75/2006/ND-CP;

Pursuant to the Government’s Decree No. 63/2012/ND-CP dated August 31, 2012, defining the functions, tasks, powers and organizational structure of the Ministry of Health;

At the request of Director of the Science, Technology and Training Department;

The Minister of Health promulgates the Circular guiding on continuous training in health sector.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Circular guides on continuous training, organization and management of continuous training in health sector.

Article 2. Subjects of application

1. This Circular applies to:

a) Health officers working at the health establishments in nationwide.

b) Facilities of continuous training in health sector.

2. This Circular does not apply to training courses for possess of diplomas under the national education system and specialized training types of Health sector: Specialized medicine at level I, Specialized medicine at level II, inpatient physician

Article 3. Interpretation of terms

In this Circular, the following terms are construed as follows:

1. Continuous training means short-term training courses including: Training, improving to update knowledge, skills, attitude of specialized fields which the trained persons are undertaking; re-training, training according to task of directions at various levels, training to transfer techniques and other courses of training professional operations of health sector not in system of national education diplomas.

2. Continuous training facilities include hospitals, institutes with hospital beds; research institutions; medical professional and vocational educational facilities; other educational facilities included branch code of health science branch group; centers of training medical human resource, which are appraised and recognized by the Ministry of Health as prescribed in this Circular.

3. Medical officers include civil servants, public employees, and persons in charge of professional operations in health facilities.

4. Code of the continuous training facility means a system of signs to classify and manage the continuous training facilities which are recognized by the Ministry of Health.

Chapter II

CONTINUOUS TRAINING

Article 4. Obligations of continuous training

1. Medical officers working in health facilities must have obligations to take part in the continuous training with the aim to meet requirements on professional operations which they are undertaking.

2. Implementation of the continuous training obligation is one of criterion for head of unit to assess the level of finishing tasks and course of occupational development of medical officers.

3. Medical officers, who practice in medical examination and treatment, fail to implement fully the training obligation in 2 consecutive years as prescribed in this Circular, are withdrawn certificate of practicing in accordance with law on medical examination and treatment.

4. Medical officers, who are participating in domestic and overseas long-term training courses related to their assigned professional operations, are not required to implement the continuous training obligation in accordance with this Circular.

5. Heads of medical establishments shall be responsible for facilitating for medical officers to participate in the continuous training courses.

Article 5. Duration of continuous training

1. The medical officers, who have been issued certificate of practice and are practicing in medical examination and treatment, have obligation to participate in continuous training courses of 48 periods of learning in 2 consecutive years minimally.

2. The medical officers, other than cases specified in Clause 1 of this Article, have obligation to participate in continuous training course of 120 periods of learning in 5 consecutive years minimally, in which it is 12 periods of learning for every year minimally.

3. Medical officers participating in various continuous training forms may accumulate periods to calculate duration for continuous training.

Article 6. Forms of continuous training and principles of converting

1. Participating in training, practicing courses, transferring techniques, re-training courses of professional operations for a short term domestically or abroad under form of concentrated or e-learning, and being granted certificates: Duration of participating in continuous training is calculated under reality of the training program.

2. Participating in domestic and overseas science seminars, conferences, or discussions in health sector and being certified by unit presiding over organization, basing on program of seminars, conferences, or discussions: Duration of participating in training calculated for the presiding or presenting person will be 8 periods of learning maximally, and for the participants, it will be 4 periods of learning maximally, for each seminar/conference/discussion.

3. Performing science researches; guiding dissertation, thesis; writing the science articles which are announced in accordance with regulations: The persons guiding thesis, presiding over/acting as secretary for themes at state level or ministerial level will be calculated 12 periods of learning maximally; persons guiding dissertation, or presiding over/acting as secretary for themes at grassroots will be calculated 8 periods of learning maximally (calculated from time of protecting successfully dissertation or when the themes are passed after examining and receiving).

4. Composing the professional curriculum will be calculated 08 periods maximally for 1 curriculum, depended on consideration of heads of units (calculated at time of publication); medical officers, who are not lecturers of educational facilities, are calculated under the actual teaching duration when participated in teaching related to their professional operations.

5. Form of continuous training specified in Clause 1 of this Article must have program and documents for training which are appraised and approved by the competent authorities.

Article 7. Programs and documents for continuous training

1. Programs and documents for continuous training formulated by training facilities must be appraised and promulgated in accordance with Article 8 of this Circular before carrying out the training.

2. Content of programs and documents for training must be updated continuously to ensure the science, conformity with the practice demand; within 5 years maximally, the content must be considered, revised and supplemented.

3. Programs of continuous training have the following items:

a) Name of course and general introduction about course;

b) Objective of course (about knowledge, attitude and skills);

c) Objects and input requirements applicable to learners;

d) Detailed programs (specified about name of lessons, periods);

dd) Name of documents for official teaching and learning, and reference documents;

e) Method of teaching – learning;

g) Standards of lecturers and assistant-lecturers;

h) Equipment, materials for course (including the clinical practice);

i) Guides, organization, and implementation of the program;

k) Assessment and grant of certificate of continuous training.

4. Documents for teaching and learning:

a) Based on the training programs which have been approved, the training facilities will formulate (or select) the suitable documents for teaching and learning.

b) Documents for teaching and learning are structured according to each lesson. Each lesson needs to have parts: Objective, content, evaluation. The practices need to clarify techniques, skills which are necessary to perform and requirements which are necessary to attain.

c) Documents for courses training lecturers: Apart from documents for learners, it is encouraged to add guides for lecturers.

d) When use documents published by the foreign and domestic prestige training facilities, heads of the continuous training facilities should consider and decide.

5. The continuous training facilities may formulate the training programs according to the following direction:

a) The continuous training programs with term of 3 months or more and intensive specialized content should be designed to be able to connect with post-graduation training programs such as specialized medicine I, II.

b) Formulating the e-training programs for the suitable training contents.

Article 8. Appraisal and promulgation of programs and documents for continuous training

Programs and documents for continuous training must be appraised and promulgated by the competent authorities before organizing the training, specified as follows:

1. Directors of Health Departments in provinces and central-affiliated cities shall promulgate decision on establishment of the provincial Appraisal Councils of continuous training programs and documents; and direct the chairpersons of Council, Councils' deputy chairpersons will be principals of universities, colleges, and medical secondary schools of provinces, Councils' secretaries will be officers in charge of continuous training of the provincial Health Departments.

Directors of the provincial Health Departments shall approve programs and documents of teaching and learning of the continuous training facilities under their management on the basis of requests of the Appraisal Council of programs and documents. Duration for appraisal does not exceed 30 days after receiving valid dossiers of units.

2. Heads of professional educational facilities/ medical vocational facilities; other educational facilities training branch code of health science branch group; and hospitals, institutes with hospital beds; research institutions with training center or assigned task of post-graduation training shall approve programs and documents of continuous training respectively with the training code already been assigned on the basis of appraisal conducted by a Council established by unit.

3. The Ministry of Health shall assign the Science, Technology and Training Department to approve programs and documents of continuous training facilities not stated in Clause 1 and Clause 2 of this Article, national target programs, domestic and foreign medical projects, professional associations and at the request of units on the basis of appraisal conducted by a specialized council at ministerial level or it may conduct decentralization to units to organize the appraisal and approval in necessary cases. Duration for finishing the appraisal does not exceed 30 days after receiving a valid dossier.

Article 9. Lecturers for continuous training

1. The continuous training courses must arrange full lecturers, assistant-lecturers to meet standards so as to ensure quality of training.

2. Lecturers for continuous training are persons with suitable qualification, experiences and professional knowledge, and being trained about method of teaching and learning in medicine.

3. Lecturers teaching in clinical field must be persons who have actual experience in medical examination and treatment, and have been trained the method to teach in clinical field.

Chapter III

ORGANIZATION AND MANAGEMENT OF CONTINUOUS TRAINING

Article 10. Code of continuous training facilities

1. Code A includes professional educational facilities/ medical vocational facilities and other educational facilities training in branch code of health science branch group.

2. Code B includes hospitals, institutes with hospital beds; research institutions at Central level; professional associations operating nationwide and centers of training medical human resource, which are eligible to do mission of continuous training.

3. Code C includes the Health Departments of provinces and central-affiliated cities, and units under Health Departments; medical units of Ministries and sectors.

Article 11. Procedures for granting codes of continuous training facilities

The Ministry of Health shall appraise conditions for ensuring quality of training before issuing a decision on grant of the continuous training code to the training facilities, specified as follows:

1. The continuous training facilities send a dossier requesting for grant of code to the Ministry of Health. Duration for appraisal and grant of code does not exceed 30 days after receiving valid dossiers according to seal of the receipt dispatch of the Ministry of Health. In case where dossier fails to be eligible for grant, the Ministry of Health must have notice in writing in which clearly state reason thereof.

2. Dossier requesting for grant of continuous training code includes:

a) Description of professional capability;

b) Program on training;

c) Documents for teaching and learning respective with the training program;

d) Brief list of teachers, in conformity with structure and qualification;

dd) Plan on organization and management of continuous training, in which clearly specify name of responsible leaders, specialized officers and councils;

e) Description of material facilities, practice facilities, equipment for the continuous training.

Article 12. Formulating and approving the plan on continuous training

1. The continuous training facilities shall be liable for formulating plans to submit them to the competent authorities for approval.

2. Competence for approving the plan on continuous training:

a) Minister of Health shall approve or authorize for approving the plan on 5-year continuous training of the Ministry of Health and the continuous training facilities under the Ministry of Health.

b) People’s Committees of provinces and central-affiliated cities shall approve or authorize for the provincial Health Departments for approving the plan on 5-year continuous training of provinces and the continuous training facilities under the provincial Health Departments.

c) Ministers, heads of Ministries and sectors shall approve the plan on 5-year continuous training of the continuous training units under Ministries and sectors.

d) Heads of continuous training facilities shall organize formulation of and, approve the annual plan of continuous training of units on the basis of 5-year plans which have been approved by the competent authorities.

Article 13. Carrying out the continuous training

1. After the annual plan on continuous training of units have been approved, the continuous training facilities shall notify publicly, widely about courses organized by units so that learners may take initiative in selecting and arranging plan for participation.

2. The continuous training facilities shall report to the competent authorities about the organization plan, name of courses, tentative number of learners, programs and documents for training.

3. The continuous training course may be carried out only when there were full the approved programs and documents; full lecturers; managers; equipment for teaching and learning which meet requirements of programs and after reporting the plan to the competent agencies.

Article 14. Certifying participation in continuous training

1. Certifying participation in continuous training will be performed by one of two following forms:

a) The continuous training facilities will issue certificate of continuous training to learners meeting requirements of course at continuous training facilities recognized by the Ministry of Health.

b) Certificate of participation in continuous training under forms specified in Clauses 2, 3, 4 Article 6 of this Circular.

2. To promulgate together this Circular the form of certificate of continuous training. This certificate has value to certificate continuous duration of updating medical knowledge as prescribed in the Law on medical examination and treatment.

3. The Ministry of Health, the provincial Health Departments shall consider and recognize certificate of continuous training issued by foreign facilities to medical officers under their management on the basis of this Circular.

Article 15. Responsibilities in managing the continuous training mission

1. The Ministry of Health shall conduct unified management of the continuous training in health sector nationwide.

2. The Science, Technology and Training Department shall:

a) Appraise for the approval, store the training programs and documents of the continuous training facilities specified in Clause 3 of Article 8;

b) Manage the training codes, carry out work of quality assurance, and formulate the national the database on continuous training in medical sector.

c) Manage the continuous training activities, grant of certificates of continuous training, for case where the training courses are organized by agencies of the Ministry of Health.

3. The provincial Health Department shall:

a) Assign functional divisions to be responsible for managing the continuous training of localities, in which leaders of the provincial Health Department shall take main responsibilities, and included officers who act as specialized or part-time work;

b) Manage programs and documents of continuous training which are appraised and approved by the provincial Health Departments; programs and documents for teaching and learning of their affiliated continuous training facilities;

c) Manage codes of certificates issued to the training facilities by the provincial Health Departments.

d) Formulate, update the provincial continuous training database and put into the national the database on continuous training of the health sector.

dd) Manage dossiers of courses and issue certificates for training courses which are organized by the provincial Health Department.

4. The continuous training facilities shall:

a) To appoint officers in charge of continuous training organization and management of units in which leaders of units shall take main responsibility and included the staff as assistants.

b) Organize the continuous training as prescribed in this Circular.

c) Manage and store programs and documents of continuous training courses of units.

d) Manage dossiers of courses (included list of learners and lecturers).

dd) Manage blank prints and issue certificates of continuous training in accordance with this Circular.

Article 16. Quality management of continuous training facilities

1. The Ministry of Health shall promulgate regulations on standard to ensure quality of the continuous training facilities in health sector.

2. Directors of the provincial Health Department shall organize implementation of regulations on ensuring quality and take responsibility for the continuous training quality of the provincial Health Departments and their affiliated units.

3. Heads of the continuous training facilities shall organize implementation of regulations on ensuring quality and take responsibility for quality of the continuous training conducted by their facilities.

4. The Ministry of Health shall recognize, re-recognize quality of the continuous training facilities on a cycle of 5 years once and assign the Science, Technology and Training Department to preside over, organize appraisal of quality of continuous training facilities, and submit to the Minister of Health for promulgating decisions on recognition.

Article 17. For the national target programs, domestic and foreign projects in medical sector

1. The continuous training activities specified in Clause 1 Article 6 of the national target programs, projects of medical sector shall be carried out under the plans approved by the competent authorities and comply with this Circular.

2. The continuous training courses applied to 2 or more provinces/cities must report to the Ministry of Health for approving the programs and documents before organization.

3. The national target programs and projects managed by central agencies must report to the Ministry of Health, projects managed by provinces/ centrally-run cities must report to the provincial Health Department about the continuous training plans for coordination in implementation.

Article 18. Expenditure for continuous training

1. Expenditure for continuous training is covered from the following sources:

a) Contribution of learners;

b) State budget;

c) Other legal revenues.

2. Expenditure for training is calculated on the practice costs of courses in the principle which revenues are sufficient for expenditures, not for profit purpose and comply with current regulations of State. The training facilities must publicize expenditure of courses before implementation for learners to select.

Article 19. The reporting regime

1. Every year, the continuous training facilities shall report periodically on a basis of twice: 6 first months of year (before July 15) and entire year (before January 15 of the next year).

2. The continuous training facilities under provinces shall report to the provincial Health Departments for summing up and reporting to the People’s Committees of provinces and central-affiliated cities, and the Ministry of Health.

3. Health units of Ministries, sectors and agencies under the Ministry of Health shall report to the Ministry of Health.

4. Content of report: Results of courses, number of learners, number of the issued certificates, organization, management and quality assurance of continuous training.

Chapter IV

PROVISIONS OF IMPLEMENTATION

Article 20. Effect

1. This Circular takes effect on October 01, 2013.

2. To annul the Circular No. 07/2008/TT-BYT dated May 28, 2008, of the Ministry of Health, guiding the continuous training for medical officers from the effective date of this Circular.

Article 21. Organization of implementation

1. The Ministry of Health assigns the Science, Technology and Training Department to direct, guide, examine, supervise, urge implementation of this Circular. Departments, Office of Ministry, Inspectorate of Ministry, Agencies, and Directorates under the Ministry of Health shall coordinate in implementing the continuous training under their management fields.

2. People’s Committees of provinces and central-affiliated cities, Ministries and sectors shall direct their affiliated medical agencies to carry out the continuous training in health sector to increase quality of medical human resource.

3. Directors of the provincial Health Departments, Heads of medical agencies of Ministries and sectors shall carry out implementation of this Circular within their management.

4. Heads of medical establishments shall formulate plans, allocate expenditure, facilitate for officers to be participated in the continuous training courses as prescribed in this Circular.

In the course of implementation, any arising problems should be reported to the Ministry of Health for consideration and settlement.

ANNEX

 (Promulgated together with the Circular No.22/2013/TT-BYT dated August 09, 2013, of the Ministry of Health)

CERTIFICATE OF CONTINUOUS TRAINING

To certify that: Mr./Mrs.

Date of birth:

Working unit:

Having finished course according to the program of continuous training (***):

.................................................................................................................................

Total: Periods of learning (in words……………………………………………….)

From date…….month …….. year ……… to date…….month …….. year ……….

Place of issue, date………month……..year…..

Note:

Size of certificate: 19x27 cm - landscape

^(*) stating the superior unit

^(**). Code issued by the Ministry of Health

^(***) Name of the course