Tighten management of forensic examination and forensic psychiatric examination

According to information from the Ministry of Health , this unit has just sent an official dispatch to the Departments of Health of provinces and cities and institutes and hospitals regarding strengthening management and direction in the field of forensic examination and forensic psychiatric examination.

The Ministry of Health said that recently, there have been a number of complicated cases related to the field of forensic and psychiatric forensic examination. Some subjects have taken advantage of having a psychiatric record to commit crimes or escape punishment, causing outrage in society as well as causing difficulties for the prosecution agencies in investigating and handling cases.

In order for forensic examination and forensic psychiatric examination to be carried out strictly, transparently, and in accordance with the law, ensuring that it meets the requirements of the prosecution agency; correctly assessing the rate of physical injury as well as the mental condition of the subject of examination; preventing the falsification of psychiatric medical records, the Ministry of Health requests that units strictly implement the regulations on medical examination, treatment, storage of medical records and issuance of psychiatric medical records summaries to patients.

Officers assigned to examine psychiatric patients must continuously study, improve their professional qualifications and political will in performing assigned tasks. The head of the unit must be responsible before the law if the summary of psychiatric medical records is not correct for the mental illness and not in accordance with the provisions of the law.

On the side of the Department of Health of provinces and centrally-run cities and the health of ministries and branches, strengthen the direction, inspection, examination and supervision of examination, treatment and issuance of outpatient medical records for mental illness treatment at medical examination and treatment facilities under their management authority.

The National Institute of Forensic Medicine and the Department of Health of provinces and centrally-run cities shall strengthen inspection and guidance of forensic organizations in implementing professional guidelines in Circulars issued by the Ministry of Health and in related legal documents.

For the Central Institute of Forensic Psychiatry, the Central Institute of Forensic Psychiatry Bien Hoa, the Regional Center for Forensic Psychiatry, the Ministry of Health requires strict implementation of the following contents: Receiving requests/requests from the prosecution agencies, organizations, individuals and conducting objective, honest, accurate, and correct appraisals in accordance with the procedures and regulations of the Law on Forensic Appraisal and Circular No. 23/2019/TT-BYT dated August 28, 2019 of the Ministry of Health Promulgating the Procedure for Forensic Psychiatric Appraisal and Forms used in Forensic Psychiatric Appraisal.

Examiners must meet the standards specified in Circular No. 11/2022/TT-BYT dated November 1, 2022 of the Ministry of Health "Regulating standards, records, procedures for appointment, card issuance, dismissal, and revocation of cards for forensic examiners and forensic psychiatric examiners."

Annually, medical facilities must report on their performance results according to the reporting form issued in Decision No. 5184/QD-BYT dated November 1, 2019 of the Ministry of Health on the promulgation of the form for reporting on the assessment of capacity and ability to respond to appraisal requests of forensic psychiatric appraisal organizations.

The Ministry of Health requires units to seriously conduct self-inspection and assessment of their activities according to the criteria and scorecards specified in Decision No. 5092/QD-BYT dated December 7, 2020 of the Ministry of Health "Issuing regulations on inspection and scorecards for assessment of forensic psychiatric assessment, reception, treatment and management of people subject to compulsory medical treatment measures".

Medical facilities closely coordinate with local Party committees and specialized agencies in the area, proactively sign contracts, closely coordinate with medical units to perform specialized examinations and paraclinical examinations for subjects on the basis of efficiency, economy, and avoiding waste; There are forms of rewards and disciplines for organizations and individuals in agencies and units when performing assigned tasks.

Institutes and hospitals review, synthesize and propose amendments to legal documents and professional guidelines that are no longer appropriate, propose specific plans and solutions, and report to the Ministry of Health (through the Department of Medical Examination and Treatment Management). The Ministry of Health requests units to urgently implement.

The Ministry of Health stated that if any unit allows appraisal to be carried out in an objective, dishonest, inaccurate, or non-compliant manner, the head of the unit must take full responsibility before the law./.

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