[MEDICAL LAW CONSULTING]

QUESTION:
What is the legal process for a Respiratory Specialist like me to open a Respiratory Clinic so that I can examine the service at home and measure Pulmonary Polylogy at home?

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

Regarding your question, according to point a, clause 1, Article 1 of Circular 21/2019/TT-BYT, a private specialist clinic is considered one of the family medicine establishments. In fact, most medical examination and treatment activities are carried out directly at the clinic. However, based on point d, clause 2, Article 2 of Circular 21/2019/TT-BYT, if the technical measure is medical examination and treatment for a patient in one of the items in the list of professional and technical expertise specified in the Appendix promulgated together with this Circular, medical care, examination and treatment activities may take place at the patient's home. Thus, to determine whether your respiratory clinic can provide home care services, you need to look up the clinic's professional and technical activities that are included in the Appendix issued with Circular 21. /2019/TT-BYT. If you fall into this category, your clinic is allowed to provide home health care services and vice versa.

Pulmonary polygraph is an exploratory technique that allows the diagnosis of sleep apnea syndrome, which is of great value in screening patients through the following means: respiratory polygraph system; Auto CPAP ventilator used for trial treatment of patients; computer system; color printer system, print results; infrared camera to monitor the patient continuously; and patient monitor. Therefore, when performing the Pulmonary Polychromatography technique, certain medical equipment is required, so it is difficult to perform this technique at home. On the other hand, according to the List of technical expertise specified in the Appendix issued together with Circular 21/2019/TT-BYT, Pulmonary Polymetry not under technical expertise is provided with services at the patient's home. Therefore, spirometry is not in the group that is licensed to be performed at the patient's home.

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

* According to Point a, Clause 1, Article 1 of Circular 21/2019/TT-BYT stipulating the scope of regulation:
Positions, functions and tasks of the following family medicine establishments:
- Commune, ward and township medical stations; infirmary; medical stations of agencies, units or organizations (hereinafter referred to as medical stations);
– Private polyclinics and specialist clinics;
– Polyclinics, regional polyclinics, specialized clinics affiliated to district health centers, military and civil medicine clinics;
The medical examination department belongs to the district hospital or the district health center or the hospital of the medical university.

* According to Point d, Clause 2, Article 2 of Circular 21/2019/TT-BYT stipulating the medical examination and treatment tasks of medical stations:
- First aid and first aid;
– Screening, early detection of diseases, especially epidemic diseases;
- Chronic diseases, non-communicable diseases;
- Taking care, providing medical examination and treatment at home for patients according to the list specified in the Appendix issued with this Circular;
- Performing technical services in:
+ Basic medical service packages specified in the Circular of the Minister of Health;
+ Technical lists of line 3 and line 4 specified in the Circular of the Minister of Health on professional and technical classification, list of techniques;
+ Other professional techniques, at a higher level when fully qualified as prescribed.
The maximum scope of professional activities of family medicine establishments and family doctors includes the services and techniques specified at this point. Based on physical facilities, equipment and actual human resources (practice certificates, professional diplomas, training certificates in family medicine of practitioners) of each medical establishment The Ministry of Health and the Department of Health determine the scope of professional activities, the list of techniques suitable for each family medicine establishment, and the scope of professional activities of family doctors under their management. .

* The list of professional techniques performed at the patient's home is specified in the Appendix issued together with Circular 21/2019/TT-BYT.

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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