Circular 35/2013/tt-Byt: Rules Regarding Certificate Revocation Of Practice, Active Licenses And Suspend The Professional Activities Of Practitioners, Patient Base, Healing

Original Language Title: Thông tư 35/2013/TT-BYT: Quy định về thu hồi chứng chỉ hành nghề, giấy phép hoạt động và đình chỉ hoạt động chuyên môn của người hành nghề, cơ sở khám bệnh, chữa bệnh

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.
CIRCULAR rules regarding certificate revocation of practice, active licenses and suspend the professional activities of practitioners, patient base, healing _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ pursuant to the law examinations, cure on November 23, 2009;
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 Director of Department of management examination and treatment, the Minister of Health issued a circular regulating the revocation of the certificate of practice, active licenses and operations expertise of practitioners, patient base, healing.
Chapter I GENERAL PROVISIONS article 1. Scope this circular stipulates: 1. procedure to revoke a certificate of practice, active license examinations, cure (hereafter abbreviated as active license).
2. The case is suspended in part or whole of the professional activities of dental practitioners, healing (hereafter abbreviated as practitioners) and the base doctor, healing.
3. The procedures, time to suspend part or all of the professional activities of the person to practice and patient treatment facility.
Article 2. The object and scope of application 1. This circular applies to: a) practitioners, medical facility, healing in the management authority of the Ministry of health, the Department of health, the central cities (hereinafter referred to as the Department of health) b) practitioners due to Department of Defense certificate of practice but have registered at the medical facility the healing, not under the control of the Defense Ministry;
c) consultation facility, healing in the country (except the base doctor, healing specified in point c of Paragraph 2 of this Article).
2. This circular does not apply to: a) violations of the practice, the base doctor, cure was stripped of the right to use the certificate of practice or licence operating or suspended operations in accordance with the law on handling administrative violations;
b) Who have a certificate of practice issued by the Ministry of defence practice in medical establishments, healing under the authority of the Ministry of Defense management;
c) medical treatment facility under the jurisdiction of the Ministry of Defense management.
Article 3. Explanation of terms 1. Suspend an active part of the expertise of the practitioners who practise not do one or some technical expertise in the range of professional activity recorded in the certificate of practice of the profession.
2. To suspend the entire operation the expertise of the practitioners who practice not done any technical expertise would belong to the scope of professional activities recorded in the certificate of practice of the profession.
3. Suspension of a part of professional activity for the base doctor, healing is the basis of the consultation, healing is not done one or some technical expertise in the range of professional activity recorded in the operating licence or pause entire professional activity of one or a number of faculty , medical buildings, healing it.
4. To suspend the entire operation expertise of medical facility, healing is the basis of the consultation, healing not made any consultation activities, the cure would belong to the scope of professional activities stated in the operating licence of the base doctor, cure it.
Chapter II PROCEDURES for REVOKING a CERTIFICATE of PRACTICE, ACTIVE LICENSE examinations, CURE article 4. Procedure for revocation of the certificate of practice 1. When a detection in the case of violation of the provisions of paragraph 1 Article 28 of law examinations, healing, recovery procedure is performed as follows: a) the competent authority specified in item 1, item 2 Article 26 of law examinations, cure a decision revoking the certificate of practice according to the form prescribed in annex 1 of this circular;
b) within 5 working days from the date of receiving the decision revoking the certificate of practice of receiving postal markings, practitioners must submit the original certificate of practice for State bodies have the authority to have the decision revoked.
The case agency decision to withdraw is not the Agency had granted the certificate of practice for people to practice writing inform the competent State bodies have issued the certificate of practice for people who practice it.
c) agency decision to revoke the posting of information on the revocation of the certificate of practice consultation and treatment on portal or electronic information page of that agency.
2. in case of violation of the provisions of Article 29 paragraph 1 d of law examinations, cure, before performing the procedure prescribed in paragraph 1 of this article must contain the conclusions of the Expert Council of the provisions in Article 74, article 75 of law examinations, cure identify erroneous practitioners professional causes serious consequences to health life, sick people.
3. The Secretary of the Ministry of health authorize the Director of the Department of health revoked the certificate of practice for practitioners are practising certificate by the Minister of health or the Department of health, other central cities but have active consultation and treatment in medical establishments treatment of local management and notification of the competent authority that has granted the certificate of practice for people who practice it.
Article 5. Procedure for revoking the licenses of medical establishments activity, healing 1. When a detection in the case of violation of the provisions of paragraph 1 to article 48 of law examinations, healing, recovery procedure is performed as follows: a) the competent authority specified in item 1, item 2 Article 45 of law examinations, cure the decision to revoke the licence of activity according to the form prescribed in annex 2 of this circular;
b) within 5 working days from the date of receiving the decision to revoke the license to operate after reception of the post office, medical facility, healing must submit the original operating licence to the competent State authorities had decided to revoke;
c) agency decision to revoke the posting of information on the recovery of active license examinations, cure on the port or electronic information page of that agency.
2. in case of violation of the provisions of point b paragraph 1 Article 48 of law examinations, cure, before performing the procedure prescribed in paragraph 1 of this article, must have the conclusions of the Agency's inspection Division has jurisdiction to determine the base doctor, healing is not eligible under the provisions of article 43 of the law examination , healing.
Chapter III the CASE to SUSPEND PART or ALL of the PROFESSIONAL ACTIVITIES of the PERSON to PRACTICE and PATIENT BASE, healing article 6. The case of the practice suspended for part or the entire professional activity due to incorrect technical expertise 1. People practice in violation of the provisions of paragraph 1 to article 73 of law examinations, cure disease but have not yet caused serious consequences to health, the sick person's life to the extent that revoked the certificate of practice prescribed in Article 29 paragraph 1 d of the Act examinations, cure shall be suspended in part or the whole of professional activities.
2. The level of professional technical flaws of the practice by the Professional Council stipulated in article 74, article 75 of law examinations, identification and cure is grounded to the competent agency decides to suspend part or all of the professional activities of practitioners.
Article 7. The base case consultations, healing was a part or the whole of professional activities 1. The base doctor, cure has errors or technical expertise does not guarantee one of the conditions stipulated in article 43 of law examinations, cure have to be suspended in part or the whole of professional activities.
2. The level of technical expertise of the errors the base doctor, healing by the Professional Council stipulated in article 74, article 75 of law examinations, identification and cure is grounded to the competent agency decides to suspend part or all of the professional activities of medical establishments , healing.
3. The base doctor, cure suspended a part or the whole of professional activities in the following cases: a) suspended the entire professional activity when not secured the whole of one of the conditions on the scale, infrastructure or medical equipment or the Organization, personnel as specified in circular No. 41/2009/TT-BYT on November 14, 2012 of the Ministry Minister of health certificate guide for practitioners who practise and licensing activities for medical establishments;
b) suspended from the part of professional activities when not secured one of the conditions stipulated in article 43 of law examinations, cure but not in the case provided for in point a of this Paragraph.
Chapter IV procedure, TIME to SUSPEND PART or ALL of the PROFESSIONAL ACTIVITIES of the PERSON to PRACTICE and PATIENT BASE, healing article 8. The procedure of suspension of part or all of the professional activities of the person to practice 1. When detected violations of the provisions of article 6 of this circular, the procedure to suspend part or all of the professional activities of practitioners is done as follows: a) the Minister of health authorize Director manage the treatment decision to suspend part of professional activity for medical practitioners treatment in medical establishments, the healing Ministry and other ministries according to the form prescribed in annex 3 of this circular;
b) Health Minister delegated to the Director of the Department of health decision to suspend part of professional activities for the practice by the Minister of health or the Minister of Defense or the Department of health in the province, and city in other Central practising certificate but have active consultations healing at the base hospital, healing in the management, except in the case specified in paragraph 3 of this article and notified in writing on the competent authorities already practising certificate for it practitioners according to the form prescribed in annex 3 of this circular;
c) where the Agency decides to suspend not the Agency had granted the certificate of practice for people to practice writing to inform the competent State bodies have issued the certificate of practice for practitioners;

d) agency decision to suspend part or all of the professional activities of the person to practice posting information about the suspension of professional activities of the person to practice on the gate or electronic information page of that agency.
2. Before performing the procedure prescribed in paragraph 1 of this article, must have concluded about the erroneous practice of technical expertise of the Expert Council of the provisions in Article 74, article 75 of law examinations, cure.
Article 9. The procedure of suspension of part or all of the professional activities of the base doctor, cure 1. When detected violations of the provisions of article 7 of this circular, the procedure to suspend suspend part or all of the professional activity of the base doctor, healing is done as follows: a) the Minister of health authorize Director manage the treatment decision to suspend part of professional activity for the patient base Healing Ministry of health or the Ministry of industry, as stipulated in annex 4 of this circular;
b) Department of health decision to suspend the professional activities of the base doctor, cure according to the form prescribed in annex 4 of this circular;
c) where the Agency decides to suspend not the Agency had granted the operating licence for the medical facility, the cure must then be written notice to the competent State authorities have granted the operating licence to the base doctor, cure it;
d) revoking the decision the Agency posted information on the suspension of professional activities of medical treatment base on the port or electronic information page of that agency.
2. Before performing the procedure prescribed in paragraph 1 of this article, must have the conclusions of the Expert Council under the provisions of article 74, article 75 of law examinations, cure or test Group of competent bodies determine the base doctor, healing is not eligible under the provisions of article 43 of law examination , healing.
Article 10. Time to suspend part or all of the professional activities of practitioners, patient base, healing 1. Time to suspend part or all of the professional activities of the person to practice: a) the suspension period professional activities are recorded in the decision to suspend the professional activities of the person to practice based on the nature and severity of the violation and the possibility of overcoming the practice but must not exceed 24 months.
b) case of the practice of the professional activities suspended under 24 months: If the time to suspend that practitioners have yet to fix the flaws, the expertise State Agency has the authority to review the decision to extend the time to suspend part or all of the professional activities of the person to practice but the total suspension period and time to extend the maximum suspension not more than 24 months or review the decision to revoke the certificate of practice according to the procedure specified in article 4 of this circular.
c) where people practice suspended professional activity 24: If enough time suspended, 24 that the practice does not fix the flaws, the technical expertise for the practice suspended the entire professional activity must be revoked the certificate of practice according to the procedure specified in article 4 of this circular; for the practice suspended part of professional activities to do for professional level again to change the scope of professional activities.
2. time to suspend part or all of the professional activity of the base doctor, healing: a) the suspension period professional activities are recorded in the decision to suspend the professional activities of the medical facility and treatment base on the nature and extent of the violations and the ability to overcome of the base hospital healing, but must not exceed 12 months.
b) base case consultations, healing suspended professional activity under 12 months: If the suspension time too that the base doctor, cure have yet to fix the flaws, the expertise State Agency has the authority to review the decision to extend the time to suspend part or all of the professional activities of medical establishments healing, but total time suspended and renewed the suspension time must not exceed 12 months or review the decision to revoke the license of operation according to the procedure specified in article 5 of this circular.
c) base case consultations, healing suspended professional activity 12 months: If enough time 12-month suspension that the base doctor, cure does not fix errors technical expertise the medical establishments, healing the entire suspended professional activity must be revoked the license of operation according to the procedure specified in article 5 of this circular; medical establishments, healing was a part of professional activities to do for active license again to change the scope of professional activities.
Article 11. The procedures allow the practice to continue consultation, healing practice after being suspended from professional activities 1. Records suggest that allowing the practice to continue professional activities include: a) petition was continue the practice examinations, cure according to the form prescribed in annex 5 attached herewith;
b) certified copies of certificates of practice;
c) reported on work to remedy mistakes technical expertise of practitioners;
d) certificate updated medical knowledge continuously about the professional expertise related to errors technical expertise of practitioners in time suspended professional activity;
authenticated copies) work permit by the competent State agencies of Vietnam's labor levels for practitioners are foreigners, Vietnam people settled abroad.
2. procedure allow the practice to continue consultation practice, healing: a) the practice of sending 1 the records specified in Paragraph 1 of this article of competent State agencies had decided to suspend the professional activities;
b) after receiving the application, the competent State agencies send people practice profile receiving Votes as stipulated in annex 6 attached to this circular;
c) during 10 days from the date recorded on the voucher receipt records, State agencies have the authority to conduct the appraisal records. Case records are not yet valid, then the receiver must record in writing notify the practice to complete the profile, which is mentioned specifically the materials need supplements, need to modify content. After receiving additional records, State agencies have the authority to send people to practice the vote receiving additional records as prescribed in annex 6 attached to this circular; profile case yet to be valid, the competent State bodies continue to require the additional practice until perfect profile;
d) during 20 days from receipt of valid records recorded on Polling receiving records, State agencies have the authority to decide to allow the practice to continue professional activity; If not to allow the practice to continue professional activities, they must have written answers and stating the reason.
Agency) decision to allow the practice to continue professional activity posting information about letting people continue to practice professional activities on the port or electronic information page of that agency and have the text informs the competent State agencies already practising certificate for it practitioners in cases where the Agency has decision-making allow the practice to continue professional activity is not the Agency had granted the certificate of practice for people practicing it.
Article 12. The procedure allows the base doctor, cure continued consultation activity, healing after being suspended from operations technical expertise 1. The suggested profile allows the base doctor, cure continued professional activities include: a) petition was continue consultation activity, healing according to the form prescribed in annex 6 attached to this circular;
b) reported on work to remedy mistakes technical expertise or the measures were taken to ensure that the conditions stipulated in article 43 of law examinations, treatment and related documents;
c) certified copies of the license to operate the base doctor, healing.
2. procedure allow the base doctor, cure continued professional activities: a) the base doctor, cure posted 01 record specified in Clause 1 of this article of competent State agencies had decided to suspend the professional activities;
b) after receiving the application, the competent State agencies sent for medical examination facility, healing profile receiving votes as stipulated in annex 8 is attached herewith;
c) during 10 days from the date recorded on the voucher receipt records, State agencies have the authority to conduct the appraisal records. Case records are not yet valid, then the receiver must record in writing notify the patient base, complete healing to the profile, which is mentioned specifically the materials need supplements, need to modify content. After receiving additional records, State agencies have the authority to send the base doctor, cure Votes receiving additional records as defined in annex 8 is attached herewith; profile case yet to be valid, the competent State bodies continue to require medical examination facility, complementary healing until the completion of records;
d) during 20 days from receipt of valid records recorded on Polling receiving records, State agencies have the authority to make a decision to allow the base doctor, cure continued professional activities; If not for the professional activities allowed to continue they must reply in writing and stating the reason;
In case of need, the Agency receives the record will establish the mission work to remedy mistakes technical expertise or the measures were taken to ensure conditions for the operation of the base doctor, healing.

Agency) decision to allow the base doctor, cure continue to operate professionally posting of information about the patient base, allowing healing to continue professional activity on the portal or electronic information page of that agency and have the text informs the competent State authorities have granted the operating licence for the facility consultation , healing it in case the Agency has a decision to allow the base doctor, cure continued professional activities is not the Agency had granted the operating licence for the medical facility, healing it.
Chapter V RESPONSIBILITIES of MEDICAL FACILITY, healing and MEDICAL PRACTITIONERS, healing article 13. The responsibility of the base doctor, cure 1. As soon as the decision to revoke the activity licence is in effect, the base doctor, healing is done the following content: a) not made active medical examination and treatment of any kind;
b) reported the direct administration on the number of sick people, sick people and the status of the plan, the transfer approach the patient to the base doctor, healing others are eligible to continue medical treatment for the sick;
c) are responsible for organizing and implementing the secure computer network for sick people and move the patient examination and treatment is currently at its base to the base doctor, healing others are eligible to continue medical treatment for the sick;
d) during 5 working days from receipt of the decision to revoke, the head or the legal representative of the patient base, healing is responsible for filing the original return of the operating licence for the competent authority had decided to withdraw.
2. As soon as the decision to suspend the professional activities of effect, the base doctor, healing is done the following content: a) not taken consultation activity, healing according to the decision of the competent authority;
b) reported the direct administration of the number, patient status, scheme secure computer network for sick people and plan to transfer the patient to the base doctor, healing others eligible to continue medical treatment for the sick;
c) are responsible for organizing and implementing the secure computer network for sick people or sick people are currently screening and treatment at his base to the base doctor, healing others are eligible to continue medical treatment for the sick.
Article 14. Responsibilities of practice 1. As soon as the decision to revoke the certificate of practice is in effect, the practice must perform the following: a) practicing doctor, healing in all forms;
b) where at the time of receiving the decision revoking the certificate of practice, practitioners are patient care, treatment by themselves, they must be responsible for the introduction or transfer of the patient to patient basis, other healing is eligible to continue medical treatment to ensure health safety , the computer network for the sick;
c) during 5 working days from receipt of the decision to revoke the responsible practitioners, return the original of the certificate of practice for competent authorities had decided to revoke.
2. As soon as the decision to suspend the professional activities, the effect of practice must perform the following: a) practicing doctor, healing related to the scope of professional activities suspended by decision of the competent authority;
b) where at the time of receiving the decision to suspend the professional activities, are practitioners who care for his illness, the treatment must then have the responsibility to introduce or transfer a patient to patient basis, other healing is eligible to continue medical treatment to ensure the health safety , computer network for sick people.
Chapter VI article 15 ENFORCEMENT TERMS. Effective enforcement of this circular effect from December 15, 2013.
Article 16. The terms of reference of cases the text referenced in this circular are replaced or modified, adding the following text has been replaced or amended and supplemented.
Article 17. Responsible for enforcing The Chief, Chief Inspector, Director of Department of management treatment, medical administration, traditional Medicine, Director, Director, General Director of the Service, the Department of health administration, heads of agencies, subdivisions of the Ministry, Director of the Health Department, central cities and heads of health ministries industry, and other organizations, the individual concerned is responsible for the implementation of this circular.
In the process, if there are difficulties and obstacles, the unit, local reports on the Health Ministry to study the resolution.