[FREE LEGAL ADVICE]

QUESTION:
Hello admin, I have a question that I would like to be answered.
I have obtained a surgical practice certificate issued in September 2020.
From September 2020 to September 2021, I work at Clinic X, specializing in cosmetology from 5 pm to 9 pm (Clinic X registered to operate with the health department from 5 pm to 9 pm)
From October 2021 to now, I work full-time from 8:00 am to 5:00 pm at the Aesthetic Medical Clinic (Medical Clinic registered to operate with the health department from 8:00 am to 5:00 pm)
So, the time I work at Clinics X and Y will be included in my practice time in cosmetology to confirm 54 months of practice?
In other words, the time I practice cosmetology when I have a foreign practice certificate and before I have a cosmetology practice certificate, is it recognized to make a certificate of 54 months of cosmetic practice in order to open a salon? cosmetic examination?

ANSWERS
Hello, thank you for sending a question to MEDLAW, based on the information you provided, MEDLAW advises as follows:

Contact your question, in case you want to open a cosmetic clinic and become the person responsible for the specialty of the plastic surgery clinic, you must meet the requirements of the person in charge of the specialty. clinic subject. Pursuant to Point a, Clause 3, Article 26 of Decree 109/2016/ND-CP, the person in charge of professional and technical expertise of a cosmetic clinic must have at least 54 months of medical examination and treatment in the specialty plastic surgery.

In addition, based on Clause 3, Article 1 of Circular 41/2015/TT-BYT, this 54-month period will be determined from the date you are granted a professional diploma (specifically, a certificate issued after completing training course in cosmetology) and when you have signed a labor contract with a medical examination and treatment facility, working at the plastic surgery specialty until the day you become the person in charge of the specialty of the clinic examination.

So, the period of time you participate in medical examination and treatment at the plastic surgery specialist before getting a cosmetic certificate will not be counted in the 54-month medical examination and treatment period in the registration procedure. professional responsible person of the cosmetic clinic.

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

*According to Clause 4, Article 11 of Decree No. 155/2018/ND-CP stipulating the grant of adjustment of practice certificates 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;
For professional techniques in a specialty other than that in which the practitioner has been recorded in his/her practice certificate, the practitioner may perform the technique after obtaining a certificate or certificate of specialized technical training. issued by a lawful training institution and permitted in writing by the person responsible for professional and technical expertise of the institution, without supplementing the scope of professional activities stated in the practice certificate.
– Changing the scope of professional activities in the practice certificate when the practitioner proposes to change a specialty other than the one already granted in the practice certificate.

*According to point a, clause 3, Article 26 of Decree 109/2016/ND-CP stipulating the conditions for the person in charge of professional and technical expertise of the specialized clinic:
The person in charge of professional and technical expertise of the specialized clinic must satisfy the following conditions:
- Being a doctor with a practicing certificate suitable to the specialty registered by the clinic.
- Having at least 54 months of medical examination and treatment in that specialty.
+ A cosmetic clinic: A doctor specializing in plastic surgery or plastic surgery.

* According to Clause 3, Article 1 of Circular 41/2-15/TT-BYT on medical examination and treatment time to be the person in charge of professional and technical matters:
2. The period of medical examination and treatment to serve as the person in charge of professional and technical expertise or the person in charge of a specialty department, ward or division (hereinafter referred to as the faculty) is the period of direct medical examination and treatment from from the date that person is granted a professional diploma (determined from the time of signing a labor contract or having a recruitment decision) to the date of being assigned or appointed as a person in charge of professional and technical expertise or a person in charge of faculty, including the period of graduate study (residency doctor, specialty level I, specialty level II) according to the specialty to which that person is assigned or appointed.

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.

In case you ever need detailed consultation, please contact us directly for specific advice.

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