[FREE LEGAL ADVICE]
QUESTION:
Let me ask the doctor whose name is on the duty list but ask someone else on duty to go to an external clinic. The doctor's name is still used to print the results in the hospital and the clinic outside, is there any violation and to what extent?

ANSWER:
Hello, thank you for sending a question to MEDLAW, based on the information you provided, MEDLAW advises as follows:
Pursuant to Clause 7  Article 12 of Decree No. 109/2016/ND-CP, a doctor may register to practice at one or more medical examination and treatment establishments but cannot register to practice at the same time at other medical examination and treatment establishments. disease, cure this disease. The doctor's practice time at the hospital includes the time on duty (according to the hospital's arrangement) and the time registered to work at the hospital. Accordingly, the doctor's on-call time is also considered as working time at the hospital, so if the on-call schedule coincides with the working time in an external clinic, the doctor must prioritize the hospital's on-call schedule. In this case, if the doctor named on the duty list fails to perform his/her obligations, he/she has violated his/her work obligations as agreed in the labor contract, the doctor may be disciplined according to regulations. hospital setting. Besides, if the doctor does not directly examine and treat the patient but the doctor's name is used to print on the medical examination result, the doctor still has to be responsible for that diagnosis result.

Specifically, the legal basis for your case is as follows:
According to Clause 7, Article 12 of Decree 109/202116/ND-CP on Principles of practice registration:
7. Practitioners may register to practice at one or more medical examination and treatment establishments but may not register to practice at the same time at different medical examination and treatment establishments and total overtime working hours no more than 200 hours as prescribed by the Labor Code. Practitioners must ensure reasonable travel time between registered practice locations.

According to Point b, Clause 2, Article 13 of Decree 109/2016/ND-CP on registration of medical examination and treatment practice:
b) Practice period: Specify the practice time: Hours of the day, days of the week to practice at the medical examination and treatment establishment and ensure reasonable travel time between places of practice of the practitioner. registered practice specified in point a of this clause.

According to Clause 1, Article 2 of Decision 73/2011/QD-TTg on the Permanent Allowance:
According to Clause 1, Article 2 of Decision 73/2011/QD-TTg on the Permanent Allowance:
a) Heads of medical examination and treatment establishments with beds shall, based on the actual situation of human resources and operations of each department in the unit, decide on the form of arranging employees to work in shifts or overtime; In case of shortage of human resources, it is not possible to arrange people to work in shifts or overtime, including the areas specified at Point b, Clause 1 of this Article, workers must be arranged 24/24 hours.