5 situations in which medical professionals may refuse to examine or treat patients.

The amended Law on Medical Examination and Treatment (KCB) of 2023, passed by the National Assembly, includes several new provisions such as hospital autonomy, with specific regulations on financial autonomy for medical examination and treatment facilities; and specific regulations on forms of socialization in medical examination and treatment activities with 7 forms…

The 2023 Law on Medical Examination and Treatment also stipulates several new points replacing the 2009 Law on Medical Examination and Treatment. Among them, Article 40 stipulates the "Right to refuse medical examination and treatment".

Doctors at Cho Ray Hospital (Ho Chi Minh City) examine a patient.

Ngoc Duong

Accordingly, there are five situations in which a healthcare professional may refuse to provide medical treatment. The first situation is when the prognosis of the patient's condition exceeds their capabilities or falls outside their scope of practice, but they must refer the patient to another healthcare professional or facility for appropriate treatment and must provide first aid, emergency care, monitoring, care, and treatment until the patient is admitted or transferred to another facility. The second situation is when the medical treatment is contrary to the law or professional ethics. The third situation is when the patient or their relatives commit acts that infringe upon the physical integrity, health, or life of the healthcare professional, except in cases where the person suffers from mental illness or other diseases that render them incapable of understanding or controlling their actions. The fourth situation is when the patient requests a medical treatment method that is inconsistent with professional and technical regulations. In the fifth scenario, the patient or their representative fails to comply with the diagnostic and treatment instructions of the healthcare professional after being advised and persuaded, and this non-compliance poses a risk to the patient's health or life.

The 2023 Law on Medical Examination and Treatment also stipulates three additional groups of individuals who must have a medical practice license, effective from 2024: clinical nutritionists; pre-hospital emergency medical personnel; and clinical psychologists. Each practitioner is only granted one practice license valid nationwide. The practice license is valid for 5 years.

According to current regulations, only six categories of individuals are required to have a medical practice certificate: doctors, medical assistants; nurses; midwives; technicians; traditional medicine practitioners; and those with inherited medicinal recipes or traditional healing methods.

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Source: https://thanhnien.vn/5-tinh-huong-nguoi-hanh-nghe-y-duoc-tu-choi-kham-chua-benh-185230212235343035.htm