Chương VI: Thông tư 52/2016/TT-BYT Giám định viên hội đồng giám định y khoa

Chapter VI

ASSESSORS OF MEDICAL ASSESSMENT COUNCIL

Article 25. Standards of assessors of Central Medical Assessment Councils

An assessor of a Central Medical Assessment Council is required to meet the following standards:
1. He/she must be a specialist level II physician or doctor of medicine working at a central-level public health facility and have at least 05 (five) years of working experience in his/her specialty, including training period in such specialty.

2. He/she has never violated specialized regulations and code of professional ethics. He/she is fit to work and perform tasks.

3. If an assessor fails to meet the standards set out in Clause 1 of this Article, the Standing Agency of the Central Medical Assessment Council and the Department of Medical Service Administration shall submit the case to the Minister of Health for consideration.

Article 26. Standards of assessors of Provincial Medical Assessment Councils

An assessor of a Provincial Medical Assessment Council is required to meet the following standards:

1. He/she must be a specialist level I physician or master of medicine, or higher, working at a provincial-level public health facility (including Medical Assessment Center) or a public health facility under the management of the Ministry of Health, and have at least 03 (three) years of working experience in his/her specialty, including training period in such specialty.

2. He/she has never violated specialized regulations and code of professional ethics. He/she is fit to work and perform tasks.

3. If an assessor fails to meet the standards set out in Clause 1 of this Article, the Standing Agency of the Provincial Medical Assessment Council shall submit the case to the Director of the Provincial Department of Health for consideration.

Article 27. Standards of assessors of Ministerial Medical Assessment Councils

Standards of assessors of the Medical Assessment Councils of the Ministry of National Defence, the Ministry of Public Security and the Ministry of Transport shall be decided by Ministers of such Ministries or their authorized persons on the basis of functions and tasks of the Medical Assessment Council and standards of assessors set out in Article 26 of this Circular.

Article 28. Number of assessors of a Medical Assessment Council

1. The number of assessors of a Medical Assessment Council shall be decided by its Chairperson depending on requirements and tasks of the Council. There are at least 02 (two) assessors in charge of each specialty.

2. If a Medical Assessment Council does not have any physician in cardiology, respiratory medicine, urology, digestion, muѕᴄuloѕkeletal ѕуѕtem, hematologу - blood transfusion, endoᴄrinologу, or immunologу, a physician of the general medicine department may be employed. In this case, each assessor shall be assigned to take charge of no more than 02 (two) specialties to ensure the quality of medical assessment.

Article 29. Appointment and reappointment of assessors 

1. Assessors of a Central Medical Assessment Council shall be appointed by the Minister of Health according to the proposal of the Department of Medical Service Administration affiliated to the Ministry of Health.

2. Assessors of a Provincial Medical Assessment Council shall be appointed by the Director of the Provincial Department of Health according to the proposal of the Standing Agency of that Provincial Medical Assessment Council and the Personnel and Organization Division of the Provincial Department of Health.

3. Assessors of the Medical Assessment Council of a Ministry shall be appointed by the head of the health agency of that Ministry according to the proposal of the Standing Agency of that Ministerial Medical Assessment Council.

4. Tenure of office of an assessor is 05 (five) years from the effective date of the appointment decision.

5. Appointment of additional assessors: During the operating term of the Medical Assessment Council, the head of the Council's Standing Agency may request a competent authority to appoint additional assessors, if necessary.

6. Reappointment: An assessor may be reappointed without term limit.

Article 30. Dismissal of assessors 

1. Dismissal of assessors: The head of the Standing Agency of the Medical Assessment Council shall request a competent authority to consider dismissing an assessor in one of the following cases:

a) He/she violates specialized regulations or code of professional ethics;

b) He/she is incapable of performing medical assessment tasks;

c) He/she is not fit to work;

d) He/she applies for resignation.

2. During his/her tenure of office, if a person who is appointed as an assessor retires or stops working at the public health facility, he/she shall be implicitly no longer an assessor from the date of retirement or secondment.

3. A competent authority that appoints an assessor shall have the power to dismiss that assessor.

Article 31. Tasks and powers of assessors 

1. Tasks of an assessor:

a) Carry out specialist examinations according to the request for specialist examinations received from the Standing Agency of the Medical Assessment Council. Send results of completed specialist examinations to the Standing Agency of the Medical Assessment Council and enter such results into the specialist examination record of the office where he/she is working.

b) Participate in medical consultations at the request of the Standing Agency of the Medical Assessment Council.

c) An assessor that works under the dual office holding regime shall assume legal responsibility for results of specialist examinations that he/she carries out.

d) Participate in a conclusion meeting of the Medical Assessment Council in the capacity as a Specialized Member of the Medical Assessment Council at that meeting when he/she is invited to the meeting as prescribed in Clause 2 Article 4 or Clause 2 Article 5 of this Circular.

2. Powers of an assessor:

a) Attend professional training courses in medical assessment.

b) Receive benefits when carrying out or participating in specialist examinations, medical consultations and meetings of the Medical Assessment Council in accordance with regulations of law and regulations of the Council’s Standing Agency.

c) Apply for resignation from the position of assessor.