5 situations where medical practitioners can refuse to examine and treat patients

The 2023 Law on Medical Examination and Treatment also stipulates a number of new points to replace the 2009 Law on Medical Examination and Treatment. In particular, Article 40 stipulates the "Right to refuse medical examination and treatment".

5 tình huống người hành nghề y được từ chối khám, chữa bệnh - Ảnh 1. — Doctors at Cho Ray Hospital (HCMC) examine patients

Accordingly, there are 5 situations where a practitioner can refuse medical examination and treatment. In the first situation, the prognosis of the patient's condition is beyond his/her ability or not within his/her scope of practice, but he/she must refer the patient to another practitioner or another appropriate medical facility for medical examination and treatment, and must perform first aid, emergency care, monitoring, care, and treatment of the patient until the patient is received by another practitioner or transferred to another medical facility. In the second situation, the medical examination and treatment is contrary to the provisions of law or professional ethics. In the third situation, the patient or the patient's relative commits an act that violates the body, health, or life of the practitioner, except in cases where the patient has a mental illness or other illness that makes him/her unable to perceive or control his/her behavior. In the fourth situation, the patient requests a medical examination and treatment method that is not in accordance with technical regulations. Fifth situation, the patient or the patient's representative does not comply with the diagnosis and treatment instructions of the practitioner after being consulted and persuaded, and this non-compliance risks harming the patient's health and life.

The 2023 Law on Medical Examination and Treatment also stipulates 3 more groups of subjects that must have a medical practice license, applicable from 2024, including: clinical nutritionists; outpatient emergency 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 6 subjects must have a certificate to practice medical examination and treatment: doctors, physicians; nurses; midwives; technicians; traditional medicine practitioners; people with traditional medicine recipes or traditional treatment methods.

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