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Circular 16/2009/tt-Byt: A Guide To Receiving Medical Care, And Statistics, Report For The Patient Is The Victim Of Domestic Violence At The Base Hospital, Healing

Original Language Title: Thông tư 16/2009/TT-BYT: Hướng dẫn việc tiếp nhận, chăm sóc y tế và thống kê, báo cáo đối với người bệnh là nạn nhân bạo lực gia đình tại cơ sở khám bệnh, chữa bệnh

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Pursuant to the law, against domestic violence on November 21, 2007;

Pursuant to Decree No. 12/2009/ND-CP dated April 2, 2009 the Government detailing and guiding the implementation of some articles of the law on prevention of domestic violence;

Pursuant to Decree No. 188/2007/ND-CP on December 27, 2007 of the Government functions, tasks, powers and organizational structure of the Ministry of health;

The Health Ministry instructed the reception, medical care and statistics, report for the patient is the victim of domestic violence at the facility, the State of healing in private, as follows: chapter I RECEIVE a PATIENT is the VICTIM of DOMESTIC VIOLENCE article 1. To receive the sick sick people are victims of domestic violence are receiving in emergency, examination and treatment in medical establishments, healing as prescribed by the law on the examination and treatment.

Article 2. Screening detection of victims of domestic violence 1. Refinement: a) When the patient to the doctor, cure at the base hospital, cure, in the course of consultations, the exploitation of medical history, physician and medical staff need to ask more about family violence related to the illness of the sick person to spot domestic violence victims.

b) physician and medical staff conducting screening about family violence for cases the patient injury, accident of birth; the patient has signs of family violence; the sick woman from the age of 15 or over.

2. screening guidelines: a) ensure confidentiality and the confidentiality of personal information of the patient.

b) in-patient meticulously and comprehensively to not overlook the physical, sexual, psychological injury caused by acts of domestic violence causes.

c) physician and medical staff must have a thoughtful attitude, share, non-judgemental, friendly, often motivate patients.

d) ensure the safety of patients in medical establishments, healing.

3. Note the detection of signs, symptoms compromised physical, mental and sex of the patient; considering the correlation between injuries and disclosure of the patient about the causes should hurt it. Cases of sick people want to hide the suffering violence, physician and medical staff need encouragement to sick people.

4. The patient was interviewed when no family members to ensure privacy, objectivity and safety when providing information. If the patient was accompanied by family members, physician and medical staff need to separate the patients from family members when screening to members that do not impair the refinement. Case of emergency patients can not answer interview, the interview was conducted after the patient had been treated.

5. Set the votes recorded Votes and screening information to victims of domestic violence: a) physician and medical staff recorded the results on screening victims Votes family violence according to the form prescribed in annex 1 attached to this circular.

b) case of the patient revealed or confirmed as victims of domestic violence, after recording the votes, a physician and medical staff must record the relevant information on the votes recorded information to victims of domestic violence according to the form prescribed in Appendix 2 attached to this circular.

c) the votes recorded Votes and screening information to victims of domestic violence are saved separately record but is the code and write code that in the medical records for patient tracking and statistics, reports on family violence.

6. The physician and medical staff practical advice for people with the disease according to the provisions of article 5 of chapter II of this circular and guide, explain to the patient regarding screening detected victims of domestic violence, the right to be protected by domestic violence to sick people in partnership with the physician and medical staff during the process of refinement.

Article 3. Detect domestic violence crime signs 1. In the process of receiving and medical care for the sick, if detect domestic violence signs crime, immediately upon discovery, physician and medical staff have the responsibility to report the head of the base doctor, healing.

2. The head of the base doctor, healing is responsible for report writing, phone or send direct report to the nearest police authorities about the behavior of domestic violence crimes and signs suggest the police take measures to ensure safety, support for victims of domestic violence.

Chapter II medical CARE for SICK PEOPLE is a VICTIM of DOMESTIC VIOLENCE article 4. The doctor, cure for sick people are victims of family violence 1. The patient is a victim of domestic violence to be the doctor, cure according to the common rules as for patients at the base hospital, healing.

2. request for examination when the patient is the victim of domestic violence: a) a physician need full visit the patient about a history of suffering domestic violence.

b) comprehensive Examination the patient to avoid omitting the physical, mental, sexual related to family violence.

c) reviews the full disease according to the signs of physical injury, mental, sexual and other related signs. In it, should pay attention to the symptoms and can recognize the signs of domestic violence, from which the appropriate treatments.

d) record results of consultations, ensuring not omitted any information needed.

3. when the required treatment for a patient is the victim of domestic violence: a) guarantee the physical and mental injuries of sick people are treated right.

b) where sick people were forced to have sex, sick people should be consulted, providing emergency contraceptive pills in the shortest time. In may, a female victim should be a female physician treatment. If the patient has unintended pregnancy, the physician should advise the patient to appropriate health facilities receive the advice and choice about abortion services safe.

Article 5. Health care consultant 1. Advisory content: a) provide basic information to raise the awareness of the patient about family violence.

b) advise patients on how to take care, rehabilitation and prevention.

c) psychological counseling for the patient.

d) introduce the patient to the base help domestic violence victims or bodies, related institutions such as the police, government institutions, organizations, associations for help.

DD) informed of the rights and legitimate interests is for the patient is the victim of domestic violence that the base doctor, cure available as offering getaway; consultation fee exemptions, cure (if available); medical insurance mode; the certificate level examinations and the treatment of victims of domestic violence.

2. How the advice: a) physician and medical staff to directly advise the patient.

b) provided information documents, propaganda in the form of short files, brochures, pamphlets, pictures, short films about family violence; family violence prevention; the rights, legitimate interests and other support information for the patient.

c) physician and medical staff launched the scheme, helps the patient selection and patient to decide with a friendly attitude, don't judge.

Article 6. Getaway layout 1. The base doctor, healing of the State, depending on the ability and practical terms, arranged for the patient is the victim of domestic violence family at the facility during the period not exceeding 7 days upon the request of the victim. Encourage consultation facility, private healing getaway layout for the patient is the victim of domestic violence.

2. The layout of beds, clothes, blankets for victims as patients are inpatient.

3. in the interim period, if the victim has no relatives prefer to support, could not handle eating, medical establishments, catering support healing for victims according to the possibilities and the actual conditions of the facility.

4. The base doctor, cure has the responsibility to inform and coordinate with the police, the people's Committee of social activity or facility where the place happened to family violence warrant safe for a physician, medical staff and family violence victims in time of treatment in medical establishments , healing; inform and coordinate with the people's Committee of social level where domestic violence emergency đìnhhỗ the essential needs for family violence victims in case of necessity according to the provisions of the law on prevention of domestic violence.

5. where the time limit has expired but the getaway family violence victims still need assistance, getaway depending on ability and actual conditions, the base doctor, cure consider choosing one of the following cases: a) continue layout for victims of violent family medical campus , healing.

b) Have suggested text-level people's committees of communes where active basis or where family violence occurs receive and organize the layout getaway for victims in the base help domestic violence victims fit under the provisions of the law on prevention of domestic violence.

c) contact us recommended the base help to victims of domestic violence receive and arranged getaway for victims in a consistent basis.

Article 7. Costs of examination and treatment for the patient is the victim of domestic violence 1. Costs for the continued examination and treatment for victims of domestic violence by the health insurance Fund to pay for health insurance under the provisions of the law on health insurance.

2. the costs of examination and treatment in medical establishments, healing for victims of domestic violence do not have health insurance paid by the victim himself. Encourage the base doctor, cure consider cost reduction and exemption treatment in medical establishments, healing for victims of family violence have difficult circumstances not likely expenses.

3. The base doctor, healing can take account of funding in support of individuals, organized under the provisions of the law to help for victims of domestic violence at the base hospital, healing.

Article 8. Confirm the examination and treatment for the patient is the victim of domestic violence 1. Victims of domestic violence are the base doctor, cure confirm the visit if the victim has a petition.


2. The base doctor, cure has received and medical care for victims of domestic violence are responsible for granting the certification examination and treatment of the patient is the victim of domestic violence according to the form prescribed in Appendix 3 attached to this circular.

Chapter III statistics, REPORTED CASES of SICK PEOPLE is a VICTIM HOW FAMILY-FORCE at the BASE HOSPITAL, cure article 9. General provisions on statistics, reported 1. The form of statistics, reported cases of sick people are victims of domestic violence to apply for the base doctor, healing in the country is done according to the form prescribed in annex No 4 attached to this circular.

2. The published and archive statistics cases of sick people are victims of domestic violence done as prescribed by law.

3. report form: a) periodic reports and six months of every year.

b) sudden Alarm as required by competent State bodies.

4. the reporting system: a) the Central Route: the Department of health (Department of management treatment).

b) provincial and equivalent: the Department of health, health ministries.

c) District: district hospital or Online Medical Center have treatment.

d) consultation facility, healing in the country.

Article 10. Responsible for statistics, reporting 1. Examination administration, healing: a) build, steer, guide the activity statistics, reported cases of sick people are victims of domestic violence in the country.

b) inspecting, monitoring and evaluation of the work of statistics, reported cases of sick people are victims of domestic violence in the country.

c) synthesis, processing, collection of statistics, reported cases of sick people are victims of domestic violence of the base doctor, healing Ministry and in the whole country.

2. the Department of health, the central cities: a) Guide, inspect, monitor, reviews of statistical work, reported cases of sick people are victims of domestic violence at the base hospital, the local healing.

b) aggregate, gather, handle the statistics, reported cases of sick people are victims of domestic violence at the base hospital, healing in the locality;

3. the Ministry of health, the industry is responsible for the collection, compilation, processing the statistics, reported cases of sick people are victims of domestic violence at the base hospital, in healing ministries.

4. District Hospital (health centre have treatment) is responsible for collecting, processing, synthesis and management statistics, reported cases of sick people are victims of domestic violence at the base hospital, healing in the district.

5. responsible Township Health Station conducted the initial record mode and statistics, reported cases of sick people are victims of domestic violence at the station.

6. The base doctor, healing in the country responsible for statistics, reported cases of sick people are victims of domestic violence at the facility.

Chapter IV IMPLEMENTATION article 11. The responsibility of the head of the base doctor, cure 1. The Organization made the reception and medical care for patients who are victims of domestic violence under the provisions of this circular.

2. Arranged getaway for the patient is the victim of domestic violence under the provisions of this circular.

3. Organize exhibits, provide documentation, information on family violence and the services available to help and medical care for the patient is the victim of domestic violence at the base hospital, heal by themselves in charge.

4. Construction, detailed instructions on the process of receiving medical care, and behave accordingly with the patient is the victim of domestic violence to apply at the base hospital, heal by themselves in charge on the basis of the instructions of this circular.

5. Organization of training, professional training about reception, medical care and counseling for the patient is the victim of domestic violence for all the physician, the medical staff of the facility by themselves in charge.

6. Build and maintain relationships with the competent State agencies, the base help to victims of domestic violence and the organizations, unions in the area to coordinate timely support, patient protection as victims of domestic violence.

7. store the material circumstances of family violence; Statistical Organization, reported cases of sick people are victims of domestic violence under the rules.

Article 12. Rights, responsibility of the physician, the medical staff 1. Physician and medical staff are protected by law in the process of implementing health care and support for the patient is the victim of domestic violence at the base hospital, healing.

2. Physician and medical staff are responsible for: a) done right provisions of this circular in the process of receiving medical care for a patient is the victim of domestic violence at the base hospital, healing.

b) keep secret the personal information of the patient is the victim of domestic violence.

c) perform appropriate behavior with the patient is the victim of domestic violence with the attitude of empathy, encouragement and friendliness, don't judge.

d) join the appropriate training on domestic violence.

DD) monitoring and evaluation of the safety of the patient is the victim of domestic violence, their children and the related health consequences when implementing screening test.

Article 13. Funding to implement the prevention of domestic violence annually, based on the program, plan on prevention of domestic violence by the competent State agencies, medical facility, healing estimation of funding for family violence prevention of his basis as prescribed by the law.

Article 14. Responsible for implementation 1. Examination and treatment administration, in collaboration with the Health Services for mothers and children and the Service of the relevant Bureau, direction, guidance, check the base doctor, healing of the reception, medical care for the patient is the victim of domestic violence at the base hospital , healing; hosted, in collaboration with the Service plan – financial synthesis and guide the base doctor, cure made statistics, reports on cases of sick people are victims of domestic violence.

2. the Department of health, the central cities, health ministries are responsible for directing the consultation base, local, healing ministries to comply with the provisions of this circular.

Chapter V ENFORCEMENT PROVISIONS article 15. Effective enforcement of this circular are enforceable after 45 days from the date of signing.

Article 16. Responsible for enforcement of the heads of the agencies, organizations, relevant units responsible for organizing advocacy, dissemination, implementation of the circular for the audience to know and implement. In the process if there are obstacles, the proposal reflects the timeliness of the Ministry of health to consider additional amendments accordingly.