Circular No. 27/2021/TT-BYT stipulates the issuance of electronic prescriptions

CIRCULAR

REGULATIONS ON ELECTRONIC PRESCRIPTIONS

Pursuant to the Drug Law No. 105/2016/QH13 dated April 6, 2016;

Pursuant to the Government's Decree No. 75/2017/NĐ-CP dated June 20, 2017 stipulating the functions, tasks, powers, and organizational structure of the Ministry of Health;

At the request of the Director of the Department of Information Technology,

The Minister of Health issues this Circular on electronic prescriptions.

Article 1. Scope of Regulation

This Circular stipulates on:

1. Content and issuance of electronic prescriptions (hereinafter referred to as electronic prescriptions).

2. Legal validity of electronic prescriptions.

Article 2. Content and issuance of electronic prescriptions

1. For outpatients:

a) In the case of prescribing chemical drugs and biological products for outpatient treatment:

 Comply with the provisions stipulated in Circular No. 52/2017/TT-BYT dated December 29, 2017, issued by the Minister of Health, detailing the prescription form and the prescription of chemical drugs and biological products for outpatient treatment, and Circular No. 18/2018/TT-BYT dated August 22, 2018, issued by the Minister of Health, amending and supplementing certain articles of Circular No. 52/2017/TT-BYT dated December 29, 2017, detailing the prescription form and the prescription of chemical drugs and biological products for outpatient treatment;

b) In the case of prescribing traditional medicine, herbal drugs, and combined prescriptions of traditional medicine, herbal drugs, and chemical drugs:

 Comply with the provisions stipulated in Circular No. 44/2018/TT-BYT dated December 28, 2018, issued by the Minister of Health, detailing the prescription of traditional medicine, herbal drugs, and combined prescriptions of traditional medicine, herbal drugs, and chemical drugs.

2. For inpatients discharged from hospital:

a) In the case of prescribing in the discharge note: comply with the provisions stipulated in Appendix 3 of Circular No. 56/2017/TT-BYT dated December 29, 2017, issued by the Minister of Health, detailing the implementation of the Law on Social Insurance and the Labor Safety and Health Law in the field of health;

b) In the case of prescribing according to the outpatient prescription form: comply with the provisions stipulated in Clause 1 of this Article.

Article 3. Legal validity of electronic prescriptions

An electronic prescription established, displayed, signed digitally, shared, and stored electronically in accordance with the provisions of this Circular shall have the same legal validity as paper prescriptions.

Article 4. Organization of Implementation

1. The Department of Medical Examination and Treatment shall be responsible for:

a) Take the lead and coordinate with the Department of Information Technology and related units to develop management regulations for the National Prescription Management Information System (hereinafter referred to as the National Prescription System); grant administrative rights to related units and localities;

b) Manage and operate the National Prescription System;

c) Issue unique identification codes for healthcare facilities and practitioners through the National Prescription System.

2. The Drug Administration Department shall be responsible for:

a) Ensuring connectivity between the National Drug Database System and the National Prescription System;

b) Directing and guiding retail pharmacies and pharmaceutical practitioners to implement this Circular.

3. The Department of Information Technology shall be responsible for:

a) Developing and submitting to the Minister for promulgation technical specifications for data structure and guidelines for interconnection between information systems of healthcare facilities, retail pharmacies, and the National Prescription System;

b) Providing technical guidance and support for solutions in information technology applications for units and localities in implementing this Circular;

c) Coordinating with the Department of Medical Examination and Treatment to develop management regulations for the National Prescription System.

4. Provincial Departments of Health under central cities and health management agencies of ministries and sectors shall be responsible for:

a) Directing and organizing the implementation of this Circular for units under their jurisdiction;

b) Issuing unique identification codes for healthcare facilities and practitioners through the National Prescription System;

c) Inspecting, evaluating, and reporting the results of the implementation of this Circular for units under their jurisdiction to the Ministry of Health.

5. Healthcare facilities shall be responsible for:

a) Ensuring that the information technology infrastructure meets the technical criteria stipulated by the Minister of Health;

b) Uploading electronic prescriptions to the National Prescription System immediately after completing the outpatient examination and treatment process and before inpatients are discharged;

c) Sending electronic prescriptions or electronic prescription codes to patients or their representatives via electronic means as guided by the Ministry of Health;

d) Summarizing all medications used by patients during inpatient treatment and uploading them to the National Prescription System before patient discharge.

đ) Implementing storage of electronic prescriptions for the same duration as paper prescriptions as stipulated by the Ministry of Health.

6. Retail pharmacies shall be responsible for receiving electronic prescriptions and reporting on the dispensing and sale of medications as prescribed in this Circular.

Article 5. Effective Date

This Circular takes effect from February 15, 2022.

Article 6. Implementation timeline

Medical examination and treatment establishments must implement electronic prescription as prescribed in this Circular according to the following specific timeline:

1. For hospitals ranked at level 3 or higher: complete before June 30, 2022.

2. For other medical examination and treatment establishments: complete before December 1, 2022.

Article 7. Reference Provisions

In case the referenced documents in this Circular are replaced or amended, they shall be applied according to the replacing document or the amended document.

Article 8. Responsibility for Implementation

The Director of the Ministry's Office, the Inspector General of the Ministry, Heads of Departments, Directors of Agencies, Bureau Chiefs under the Ministry of Health, Provincial Health Service Directors of centrally governed cities and provinces, and related organizations and individuals are responsible for implementing this Circular. If there are difficulties or obstacles during implementation, it is recommended that organizations and individuals report them promptly to the Ministry of Health (Information Technology Department) for review and resolution.

During the implementation process, if there are difficulties or obstacles, it is recommended that organizations and individuals report them promptly to the Ministry of Health (Information Technology Department) for review and resolution./.