[MEDICAL LAW CONSULTING]

QUESTION:
I graduated as a general practitioner and have been working in internal medicine for 2.5 years. Now, I want to register for a class of oral and maxillofacial orientation, can I? What will I be able to do if I finish my studies, can I be like a dentist?

ANSWER:
Hi, thank you for sending your question to MEDLAW, because the information you provided is incomplete, MEDLAW is not enough to give you an accurate advice. However, your case can refer to the following regulations:

According to the information you provided, you have graduated as a general practitioner and have been working in the internal medicine department for 2.5 years and are planning to enroll in a specialized orientation class of Dentistry - Jaw - Face. Accordingly, for doctors who have been granted practice certificates with the scope of professional activities being general medical examination and treatment, upon obtaining additional certificates, training certificates of 6 months or more depending on each specialty. (including certificates and certificates of specialized orientation, starting training before July 9, 2019 is the date of issuance of Official Letter No. 3928/BYT-K2ĐT of the Ministry of Health about not providing specialized orientation training. ). Therefore, when you study the orientation of Dentistry - Jaw - Facial, this specialty will not be added to your original scope of general practice.

After finishing school, in order to work as a Dentist - Jaw - Facial, it is necessary to consider the scope of activities of a general practitioner, according to the provisions of Clause 1, Article 4, Chapter II of Circular 35/2019/ TT-BYT, a practitioner being a doctor whose professional activities are general medical examination and treatment may perform the professional techniques specified in Appendix I issued together with this Circular, excluding: Dentomaxillofacial.

As such, in this case, you are not allowed to add the Dentistry - Jaw - Facial specialty to your original scope of professional activities after studying the orientation of Dentistry - Maxillofacial specialty, so you cannot practice as Dr. Dentist - Jaw - Face.

Specifically, the legal basis for your case is as follows:

– Pursuant to Clause 1, Article 14 of Circular 21/2020/TT-BYT providing practice guidance to grant medical doctors practice certificates
1. Medical doctors who are practicing medical examination and treatment before the effective date of this Circular may continue to comply with the provisions of Article 15 of Circular No. 41/2011/TT-BYT.

– Pursuant to Article 15 of Circular 41/2011/TT-BYT on Principles of practice registration
Persons applying for practice certificates must register to practice in accordance with their trained professional qualifications.
In case you are a general practitioner, you must register to practice under one of the four specialties of internal medicine, surgery, obstetrics and gynecology, or register to practice under one of the internal - pediatric or surgical - obstetrical systems. In case of practice under the system, the total practice time is 18 months, of which the practice time at each specialty of the system is at least 9 consecutive months.

– Pursuant to Clause 1, Article 11 of Decree No. 155/2018/ND-CP amending a number of articles of Decree No. 109/2016/ND-CP on cases of grant and re-grant of practice certificates
1. Point b, Clause 1, Article 4 shall be amended as follows:
b) Issuance of adjustments to the practice certificate when there is a change in the contents of the practice certificate, including:
- Supplementing the scope of professional activities in the practice certificate when the practitioner requests to add a specialty other than the scope of professional activities already granted in the practice certificate;

– Pursuant to Clause 1, Article 4, Chapter II of Circular 35/2019/TT-BYT:
1. A practitioner being a doctor whose professional activities are general medical examination and treatment may perform the professional techniques specified in Appendix I issued together with this Circular and provide first aid and first aid. , monitor, care for and treat patients until they are transferred to other medical examination and treatment establishments in case their professional capacity is exceeded.
The content of our consultation is based on the information provided by the Client, is for reference only and based on the legal provisions in force at the time of consultation. In case you ever need detailed consultation, please contact us directly for specific advice.

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