Circular 12/2015/tt-Byt: Instructions Detailing The Implementation Of A Number Of Articles Of Decree No. 96/2012/nd-Cp On November 15, 2012 Of The Government Regulations On The Substance Addiction Treatment Drug By Www ...

Original Language Title: Thông tư 12/2015/TT-BYT: Hướng dẫn chi tiết thi hành một số điều của nghị định số 96/2012/NĐ-CP ngày 15 tháng 11 năm 2012 của Chính Phủ quy định về điều trị nghiện các chất dạng thuốc phiện bằ...

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Circulars detailing the implementation of a number of articles of Decree No. 96/2012/ND-CP on November 15, 2012 of the Government regulations on the treatment of addiction to drug substances by alternative medicine _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ pursuant to Decree No. 96/2012/ND-CP on November 15, 2012 of the Government regulations on the treatment of addiction to drug substances by alternative medicine;
Pursuant to Decree No. 63/2012/ND-CP on August 31, 2012 of the Government functions, tasks, powers and organizational structure of the Ministry of health;
At the suggestion of the Director of the Bureau of HIV/AIDS;
The Minister of Health issued a circular detailing the implementation of a number of articles of Decree No. 96/2012/ND-CP on November 15, 2012 of the Government regulations on the treatment of addiction to the drug substance with alternative medicine.
Chapter I GENERAL PROVISIONS article 1. Scope this circular guides on: 1. Operational conditions of addiction treatment facilities drug substances by alternative medicine including treatment facilities and treatment allocation facility replacement (hereinafter referred to as the treatment facility).
2. Records, procedures, again operating licence with respect to the treatment facility.
3. procedure for suspension and revocation of activity licences for the treatment facility.
4. The certification for people registered to participate in the treatment of addiction treatment and drug substances by alternative medicine.
Article 2. Addiction treatment guidelines, drug substances by alternative medicine 1. Addiction treatment drug substances by alternative medicine only made at the treatment facility are eligible under the provisions of this circular.
2. In compliance with the professional guidance of the substance addiction treatment drug by alternative medicine as prescribed by the Minister of health.
Chapter II CONDITIONS of OPERATION of the TREATMENT FACILITY section 1. CONDITIONS of OPERATION of the TREATMENT FACILITY REPLACED Conditions 3. Conditions on campus in addition to satisfying the conditions specified in paragraph 1 article 12 of Decree 96/2012/ND-CP on November 15, 2012 of the Government regulations on the treatment of addiction to drug substances using alternative medicine (hereinafter referred to as the Decree No. 96/2012/ND-CP) alternative treatment facility must meet the following conditions: 1. The room of alternative treatment facility to be built for sure, enough light, dust ceiling, wall and floor materials easy to use cleaning solvents for cleaning, be sure window, doors have locks.
2. The lab must meet the following conditions: a) the wall of the test area, the test must be flat, waterproof, resistant to heat and corrosive chemicals;
b) Have water hand washing sinks, faucets, emergency eye wash box.
Article 4. The condition of the equipment 1. The room allocation and storage of drugs: a Wet design);
b) thermometer for measuring the temperature in the room;
c) conditioners;
d) 2 cabinets with locks, including: 4 cabinets to contain smoking daily allocation and storage cabinets for 1st;
medications and instruments);
e) Cabinets or shelves, profile books, treatment tracking votes;
g) equipment specified in point b, c Paragraph 2 article 12 of Decree 96/2012/ND-CP 2. The doctor: a thermometer to measure body temperature);
b) stethoscopes;
c) emergency medicine cabinet (including antidote);
d) sphygmomanometer;
DD) emergency equipment;
e patient Beds);
g) Weight-health meter height;
h) equipment specified in point b of Paragraph 2 article 12 of Decree 96/2012/ND-CP. 3. The lab: a) urine test kits and blood;
b) refrigerator preserve, swabs;
c) equipment specified in point c of Paragraph 2 article 12 of Decree 96/2012/ND-CP. 4. Where to get the urine of the patient: a) The toilet (with water supply lines have van placed outside the place took the urine);
b) bulkheads stained glass paste a pm from the outside to the staff of the treatment facility to observe the process of self-urine samples of sick people.
5. other equipment consistent with the functions and duties of each room.
Article 5. Conditions of personnel 1. In addition to satisfying the conditions specified in paragraph 3 article 12 of Decree 96/2012/ND-CP, personnel working at the base alternative treatment must meet the following conditions: more a) doctor is in charge of technical expertise has time to do the work of the doctor, healing from 18 months or more;
b) staff to support the work of the doctor, cure has intermediate health care majors;
c) staff on duty had intermediate examination in one of the disciplines of medicine, pharmacy, biology or chemistry;
d) staff on duty and medications have intermediate pharmaceutical majors;
DD) staff duty counsel are intermediate in one of the medical, pharmaceutical or society;
e) employees on duty are administrative level;
g) based on the actual situation, alternative treatment facility arranged the security guard at the medical facility where the treatment facility or in cooperation with public security where treatment facilities are located to ensure the security work for the treatment facility; where necessary, treatment facility can make a maximum of 10 private security guards for the treatment facility.
2. alternative treatment facility actively perform the assigned task for the staff as dedicated or part-time mode ensures consistent professional requirements as specified in paragraph 1 of this article and the scale of the treatment facility.
Section 2. CONDITIONS of OPERATION of the BASE article 6 MEDICATIONS. Conditions on campus in addition to satisfying the conditions specified in paragraph 1 article 13 of Decree 96/2012/ND-CP, base medications have to meet additional conditions specified in paragraph 1 of article 3 of this circular.
Article 7. The condition of the equipment meets the conditions specified in clause 1 4 of this circular.
Article 8. Conditions of personnel in addition to satisfying the conditions specified in paragraph 3 of the article 13 of Decree 96/2012/ND-CP, base medications must meet more of the conditions specified in point d and point g, paragraph 1 article 5 of this circular.
Chapter III PROCEDURES, RECORDS, REISSUED the LICENSE WORKS for BASE TREATMENT of article 9. The records suggest, again operating licence with respect to the treatment facility 1. Records suggest active license for treatment facilities include: a) petition to license works the form prescribed in annex 1 attached herewith;
b) has decided to set up a certificate of competent State agencies or certified copies of business registration certificate or certified copies of certificates of investment;
c) list of treatment facility according to the form prescribed in Appendix 2 attached to this circular and enclosed copies are certified professional qualification of each employee in the treatment facility;
d) of the treatment facility;
DD) equipment Declaration of treatment facility according to the form prescribed in Appendix 3 attached to this circular.
2. the recommended records re-issued the license works for treatment facility permit lost or damaged works license include: a) petition according to the form prescribed in annex 1 attached herewith;
b) the original operating licence is damaged (if any);
c) activity reports of 6 months up to suggest active license again.
3. recommended records re-issued the license works for treatment facility changes location works, treatment facility operating license revoked: a) The documents prescribed in paragraph 1 of this article;
b) activity reports of 6 months up to suggest active license again.
Article 10. Procedures Refresh Active license for the treatment facility 1. The records suggest, again operating licence with respect to the treatment facility was established as 1 and sent to the provincial health department, central cities (hereinafter referred to as the Department) where treatment facilities are located.
2. Order and consider grant proposals, again operating licence with respect to the treatment facility: a) after getting the records suggest, again operating licence, the Department of health sent to the treatment facility grant proposal, again receiving Votes works license records according to the form prescribed in Appendix 3 attached to this circular;
b) during the period of 20 working days from the date of receipt of a valid application, Director of the provincial health department to organize the evaluation to level, again operating licence;
c) case records suggest, again not a valid activity licence then during 10 working days from the date of receiving the votes recorded on the record, the Health Department must inform in writing grant proposals, base reissuing permits operations to add or complete a profile. Written notice must be stated in specific content, the document need additional amendments;
d) upon receiving written request complete record, suggested base reissuing levels of active license to modify, complement the correct content was noted in the written notice and sent to the provincial health department. On receiving the additional profile, modify the receiving Votes be recorded on the record;
DD) base case suggest granting license to operate again, supplemented, modified the profile but not the right to require the Department of health, notice in writing to the recommended level, base reissuing permits operations to continue to complete the profile according to the provisions in point c of Paragraph 2 of this Article.
Article 11. Evaluation organization to grant, again operating licence with respect to the treatment facility provincial health department Director established mission to level, again operating licence with respect to the treatment facility with the following components: 1. Represent the Health Department leadership as head of the delegation.
2. the representative of the central leadership, HIV/AIDS Department, central cities (hereafter referred to as the Central HIV/AIDS province) as the Deputy Head of the permanent delegation.
3. Representatives in the room assigned active management the substance addiction treatment drug by alternative medicine-the Health Department as Deputy Head of the delegation.
4. Pharmaceutical Services Division-Department of health-province members.
5. experienced doctors about alternative treatment-members.
6. The representative-members.
7. The room was assigned to Operations Manager drug substance addiction treatment by alternative medicine-the Health Department Secretary mission.

Article 12. Level assessment process, again operating licence with respect to the treatment facility 1. Licensing assessment process works for treatment, base reissuing license works for base case treated location change works or revoked license to operate: a) due diligence legal records; check the conditions of the facilities, equipment, medical instruments, personnel of the treatment facility;
b) Established assessment thereon according to the form prescribed in annex 5 attached to this circular. Report on the evaluation of treatment facility was made into a 2:1 a save in the Department of health, 1 a save at the treatment facility be appraised;
c) during 2 working days from the date of the evaluation, the Evaluation Group to the Director of the Department of health evaluation thereon;
d) during 3 working days from the date of receiving the report on the evaluation, the Department of Health Director must consider, decide, again operating licence with respect to the treatment facility. The case does not permit the operation must reply in writing and stating the reason.
2. assessment process to license works for treatment facility permit lost or damaged works permit include: a) during 5 working days from the date of receiving the recommended records re-issued the license works (the time of receipt by the receiving Office to mark of the Department of health) rooms are assigned to active management of addiction treatment drug substances by alternative medicine of the Department of health to examine the evaluation profile was granted a license to operate the facility the earlier treatment in the Department of health;
b) during 10 working days from the date of receiving the recommended records re-issued the license works (the time of receipt by the receiving Office to mark of the Health Department of the province), Director of the provincial health department to consider, decide the grant of operating licences again. The case does not permit the operation must reply in writing and stating the reason.
Article 13. Active license management 1. Each treatment facility is only granted a license to operate according to the form prescribed in annex 6 attached to this circular.
2. Copy the license works and records suggest, again operating licence are stored at the provincial health department.
Chapter IV PROCEDURE for SUSPENSION, REVOCATION of LICENSE to OPERATE for TREATMENT FACILITIES article 14. The case suspended the license of operation treatment facility suspended activities in the following cases: 1. Do not comply with the treatment process or have professional flaws under professional guidance due to the Minister of health.
2. The facilities, equipment and personnel does not guarantee the conditions as prescribed in this circular.
3. Do not carry the report on the situation and comply with the treatment of the sick person to the competent authority according to the regulations.
Article 15. Procedures, time suspended operations 1. During the inspection, the inspection activities of the treatment facility if the discovery that had treatment facilities in violation of the provisions of article 14 of this circular, the unit performs the check, the inspector must report on the temporary suspension of activities according to the form prescribed in annex 6 attached to this circular and posted on the Department of health.
2. In time of 5 working days from the date of the report on the temporary suspension of activities specified in paragraph 1 of this article, the Director of the Department of health consideration, decide the suspension of activities. The decision to suspend activities that the time limit must not exceed 6 months from the date signed, issued and sent to the treatment facility suspended activities, the Center for prevention of HIV/AIDS in the province.
3. where the treatment facility were suspended undertook work to remedy the breach then the slowest is 30 days before the date of expiry of the suspension decision, treatment facility suspended activities must submit a report on the redress of the violation to the Department of health of the province where the treatment facility suspended operations headquarters. The time of receipt of the report to fix the violation by the reception to mark of the provincial health department.
4. In time of 5 working days from the date of the report on the remedy the breach of the base is suspended, the provincial health department to proceed with the appointment of the unit performs the test of recovery treatment facility (hereinafter referred to as the specified unit).
5. During 10 working days from the date of receipt of the Health Department, the unit was assigned to conduct the inspection and report the results of the medical examination. The time of receipt of the text specified by the receiving Office to mark of the specified unit.
6. The base case suspended treatment have made the remedy the breach and meet the provisions of this circular, then during 5 working days from receipt of the report of the unit (the time of receipt of the report to fix the violation by the reception to mark of the Department of health) , Director of the Health Department must consider, decide the termination of operations. The decision to terminate the suspension of the works sent to the treatment facility suspended activities, the Center for prevention of HIV/AIDS in the province.
7. in case of expiry of suspension which suspended treatment facilities failing to remedy the breach or have done work to remedy the breach but still does not meet the provisions of this circular, then during 5 working days from the date of the expiration of the suspension decision or from the date of receiving the reports of the unit are specified , Director of the Health Department of the province to review the decision to terminate the operation of the treatment facility.
Article 16. Revoke the operating licence of the treatment facility operating licence revoked in the following cases: 1. Operating licence granted vires.
2. After 12 months from the date of the activity licence which the treatment facility is not active.
3. Treatment Facility to pause operation during the 12 consecutive months or has terminated operations.
4. Change of the location of the treatment facility.
5. where the provisions of Clause 7 article 15 of this circular.
Article 17. Procedure for revocation of the license of operation of the treatment facility 1. During the inspection, the inspection activities of the treatment facility has been granted a license to operate, if the detection basis that in violation of the provisions of article 16 of this circular, the unit performs the inspection, the inspector must report on the temporary suspension of activities according to the form prescribed in annex 6 attached to this circular and posted on the Department of health the province.
2. In time of 5 working days from the date of the report on the temporary suspension of activities specified in paragraph 1 of this article, the Director of the Department of health to review the decision to revoke the activity licence. The decision to revoke the activity licence was sent to treatment facility operating license revoked, the Center for prevention of HIV/AIDS in the province.
Chapter V REGISTRATION GUIDE TREATMENT and RELAYED the SUBSTANCE ADDICTION TREATMENT DRUG by ALTERNATIVE MEDICINE Article 18. Register the substance addiction treatment drug 1. People registered to participate in responsible treatment of complete information in the registration form to join the treatment according to the form prescribed in annex 8 is attached herewith; responsible before the law with respect to the content of the declarations and commitments in the application.
2. Upon receipt of a valid profile of people who registered to participate in treatment, the treatment facility is responsible for selection of objects involved treatment prescribed in clause 1 article 7 of Decree 96/2012/ND-CP and develop treatments for patients eligible for treatment.
3. Treatment Facility sends the decision of receiving eligible cases involved drug substance addiction treatment as defined in point b of Paragraph 2 article 7 of Decree 96/2012/ND-CP to the people's Committee of the communes, wards and towns where people registered to participate in the treatment of residence.
Article 19. Procedure for forwarding to the substance addiction treatment drug by alternative medicine 1. Procedure for forwarding to the substance addiction treatment drug by alternative medicine: a) the sick person applicant forwarded the substance addiction treatment drug by alternative medicines (hereinafter referred to as the treatment form) according to the form prescribed in Appendix 3 attached to this circular for the head of the treatment facility where the person is taking treatment;
b) during 2 working days from the date of receiving the application forwards the patient's treatment, the head of the treatment facility where sick people have the aspiration to move responsibility to set the record copy and transfer to send the sick addiction treatment drug substances using alternative medicine (hereafter referred to as transfer submitted) according to the form prescribed in annex 10 attached herewith;
c) during 2 working days from the date of receiving the transfer send and record patient's aspirations are forward of the treatment, the new treatment facility is responsible for receiving and implementing the treatment for a new disease transmitted to people.
2. procedures for changing treatment facility: a) the sick apply transition recommended treatment according to the form prescribed in Appendix 3 attached to this circular for the head of the treatment facility where the person is taking treatment;
b) during 10 working days from the date of receiving the application forwards the patient's treatment, the head of the treatment facility where sick people have the aspiration to move responsibility to set the record copy and transfer to send the form prescribed in annex 10 attached herewith;
c) during 2 working days from the date of receiving the transfer send and record patient's aspirations are forward of the treatment, the new treatment facility are responsible for receiving records and perform the treatment for a new disease transmitted to people.
Chapter VI article 20 IMPLEMENTATION RESPONSIBILITIES. The responsibility of the Ministry of health 1. Steer, guide, inspect, inspect the implementation of this circular all around the country.
2. In cooperation with the relevant units of building programs, training material on addiction treatment drug substances by alternative medicine; research and application of science and technology in the treatment of addiction to the drug substance with alternative medicine.

3. implementation of expert cooperation, transfer of technology and new methods of treatment, the other international cooperation activities of alternative treatment.
Article 21. The responsibility of the Department of health of the province of 1. Hosted, in collaboration with departments, the departments and units concerned the construction and the people's committees of provinces and cities under central Government approved plans to deploy the substance addiction treatment drug by local alternative medicine under the provisions of the law.
2. Direction, guide, inspect, inspect the implementation of this circular on management.
3. Manage the licensing activities for the local treatment facility; publicizing the data related to the provision of, again, the list of treatment facility has been granted, issued, suspended or revoked operating licence on the website of the Department of health.
4. Inspect, monitor the operation of the treatment facility under the control of management; testing, inspection and handling of violations related to the deployment of alternative therapeutic activities on geographical as defined by law.
5. Make the report mode, the level again and recover the operating licence for the treatment facility under the provisions of the law.
Article 22. The responsibilities of the Centre, the HIV/AIDS 1. Chief of the Department of health for the overall construction plan to deploy the substance addiction treatment drug by alternative medicine locally.
2. The guide, technical support for implementing the substance addiction treatment drug by alternative medicine for the treatment facility in charge under the provisions of the law.
3. Join the examination, monitor the operation of the treatment facility under the control of management.
Article 23. Responsible of the treatment facility 1. Addiction treatment organizations drug substances by alternative medicine as instructed by the Minister of health regulations.
2. Guarantee the physical facilities, equipment and human resources consistent with the needs of the work and the number of patients treated at the facility.
3. Monthly reports list patients treated, the treatment situation and comply with the treatment of sick people taking treatment for the competent organ as specified.
4. Subject to the checking, monitoring of the Health Department and the Center for HIV/AIDS in the province.
Chapter VII ENFORCEMENT PROVISIONS article 24. Terms of reference case reference texts in this circular are replaced or modified, supplemented the following replacement text or text was amended and supplemented.
Article 25. Effect 1. This circular effect since August 1, 2015.
2. Circular No. 12/2013/TT-BYT on 12 April 2013 of the Minister of health guide details a number of articles of Decree No. 96/2012/ND-CP on November 15, 2012 of the Government regulations on the treatment of addiction to drug substances by alternative medicine expired from the date of this circular are enforceable.
Article 26. Responsible for enforcement of the Chief of the Department, Director, HIV/AIDS, Service Chief, Bureau Chief, General Director of the Ministry of health, heads of agencies, subdivisions of the Ministry, Director of the provincial health department, central cities and heads of health ministries responsible for the implementation of this circular.
In the process, if there are obstacles, the proposal reflects the timeliness of the Ministry of health (HIV/AIDS) to the research, resolve./.