Circular No. 37/2011/TT-BYT guiding the functions, tasks, powers, and organizational structure of provincial Traditional Medicine Hospitals

 

CIRCULAR

GUIDELINES ON THE FUNCTIONS, TASKS, POWERS, AND ORGANIZATIONAL STRUCTURE OF PROVINCIAL TRADITIONAL MEDICINE HOSPITALS

THE MINISTER OF HEALTH

On the basis of Law on Medical Examination and Treatment No. 40/2009/QH12;

Decree No. Decree No. 188/2007/NĐ-CP dated December 27, 2007 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Health;

Decree No. Decree No. 22/2010/NĐ-CP dated March 9, 2010 of the Government amending and supplementing Article 3 of Decree No. 188/2007/NĐ-CP dated December 27, 2007 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Health;

Pursuant to Decision No. Decision No. 30/2008/QĐ-TTg of the Prime Minister approving the planning for the development of medical examination and treatment networks until 2010 and vision until 2020;

Pursuant to Decision No. Decision No. 153/2006/QĐ-TTg dated June 30, 2006 of the Prime Minister approving the overall planning for the development of the healthcare system in Vietnam until 2010 and vision until 2020;

The Ministry of Health guides the functions, tasks, powers, and organizational structure of provincial traditional medicine hospitals, directly under central municipalities, as follows:

Article 1. Position and Functions

1. Position: A provincial traditional medicine hospital (traditional and integrated medicine hospital) of a province or centrally governed municipality (hereinafter referred to as a provincial traditional medicine hospital) is a public health institution, directly under the Provincial Department of Health, representing the highest level of traditional and integrated medicine medical examination and treatment in the province or centrally governed municipality (hereinafter referred to as the province). A provincial traditional medicine hospital has legal personality, operates from its premises within the province, has its own seal, and opens an account at the State Treasury in accordance with the provisions of the law.

2. Functions: To implement multi-disciplinary medical examination and treatment and rehabilitation using traditional medicine, combining traditional medicine with modern medicine; scientific research, preservation, and development of traditional medicine; training, technical guidance, and serving as a practical base for traditional medicine education institutions and other units requiring such services.

b) Draft five-year and annual socio-economic development plans for the province; major economic and social balances for the province; draft five-year and annual plans, programs, projects, measures to organize and implement tasks related to socio-economic development, finance-budget, planning-investment, and other tasks within the scope of state management of the Department of Finance as prescribed by law;

1. Medical examination and treatment, rehabilitation:

a) Organize emergency care, outpatient and inpatient treatment, and rehabilitation using traditional medicine, combining traditional medicine with modern medicine as prescribed. Emphasize the use of herbal medicines, acupuncture, massage, acupressure, and other methods according to professional regulations;

b) Organize health check-ups and issue health certificates in accordance with Circular No. 13/2007/TT-BYT dated November 21, 2007 of the Ministry of Health guiding health examinations.

2. Scientific research, preservation, and development of traditional medicine:

a) Implement scientific research, inheritance research, application research, and integration of traditional medicine with modern medicine;

b) Coordinate with relevant units to organize the acceptance, evaluation of safety and efficacy of research projects on traditional medicine within the province;

c) Coordinate with relevant units to advise the Director of the Provincial Department of Health on the construction and implementation of plans for the preservation and development of traditional medicine in the locality;

d) Transfer research results, preservation, inheritance, and application in accordance with the law.

3. Training

a) Accept, create conditions, and guide students, trainees of educational institutions and units requiring practical training at the hospital;

b) Dispatch competent staff to participate in teaching and clinical practice guidance;

c) Organize continuous training for healthcare workers in the field of traditional medicine in accordance with regulations;

d) Issue certificates of training and clinical practice completion for individuals who have completed the training program at the hospital in accordance with regulations.

4. Technical Guidance

a) Organize the reception and implementation of techniques transferred from higher levels;

b) Develop plans for technical guidance and implementation of traditional medicine activities, integrating traditional medicine with modern medicine for healthcare facilities in the province; participate in inspecting the implementation of professional regulations and techniques related to traditional medicine in healthcare facilities within the province;

c) Coordinate with relevant units to guide the establishment of herb gardens in healthcare facilities and implement community health care activities using traditional medicine.

5. Disease Prevention and Control

a) Proactively guide patients and the public in disease prevention using traditional medicine methods;

b) Coordinate with relevant units in disease prevention and control work when there is an outbreak in the locality in accordance with regulations.

6. Health Education and Promotion

a) Organize the promotion of policies and guidelines of the Party and State regarding traditional medicine activities;

b) Promote the rational, safe, and effective application of traditional medicine measures in protecting, caring for, and improving public health;

c) Promote the cultivation, harvesting, preservation, and effective use of medicinal plants.

7. Pharmaceutical and Medical Supplies Work:

a) Coordinate with functional units to advise leadership on the conservation and development of medicinal materials;

b) Ensure timely and quality supply of drugs, chemicals, and medical supplies for inpatient and outpatient medical examination and treatment activities;

c) Organize the preparation and production of traditional Chinese medicine and herbal-based medications to meet patient and public needs in the locality;

d) Guide the rational, safe, and effective use of medicinal materials, traditional Chinese medicine, herbal-based medications, and traditional medicine ingredients;

e) Equip with medical equipment according to the standard equipment list as prescribed by the Ministry of Health.

8. Hospital Management

a) Manage and use state budget and other legitimate sources of funding effectively in accordance with the law;

b) Implement socialization of health protection, care, and improvement activities in the field of traditional medicine in accordance with regulations;

c) Manage human resources and infrastructure of the hospital in accordance with regulations.

9. International Cooperation

a) Advise the Director of the Provincial Department of Health on plans for international cooperation in traditional medicine;

b) Participate in implementing international cooperation programs in traditional medicine with foreign organizations and individuals in accordance with the law.

10. Perform other tasks and powers assigned by the Director of the Provincial Department of Health.

Article 3. Organizational Structure

1. Leadership

a) The Provincial Traditional Medicine Hospital has a Director and Deputy Directors; the Director is responsible to the Provincial Department of Health and to the law for all activities of the hospital; Deputy Directors are assigned by the Director to oversee specific areas of work and are responsible to the Director and to the law for the areas they are assigned.

b) The appointment, dismissal, and removal from office of the positions of Director and Deputy Directors shall be carried out according to the management level of cadres of the province and in accordance with the provisions of the law.

2. Functional Departments

a) Human Resources Department

b) Planning and Integration - Information Technology Department

c) Administrative Management Department

d) Medical Supplies and Equipment Department

đ) Finance and Accounting Department

e) Training, Scientific Research, and Line Guidance Department

g) Nursing Department

3. Specialized Departments

a) Multi-specialty Outpatient Department

b) Intensive Care and Poison Control Department

c) Internal Medicine Department

d) Pediatrics Department

đ) Otorhinolaryngology Department

e) General Surgery Department

g) Gynecology Department

h) Acupuncture and Rehabilitation Department

i) Physical Therapy Department

k) Laboratory Department

l) Diagnostic Imaging and Functional Testing Department

m) Infection Control Department

o) Pharmacy Department

p) Nutrition Department

The Director of the hospital establishes the specific functions and responsibilities of each department based on the regulations of the Ministry of Health and submits them to the competent authority for approval.

The dissolution, merger, reorganization, and establishment of new departments within the hospital shall be carried out in accordance with the regulations if there is a need and upon approval by the competent authority.

Article 4. Establishment

The staffing of the Provincial Traditional Medicine Hospital is the health service staffing determined by the provincial People's Committee according to the staffing standards prescribed in Circular Joint No. 08/2007/TTLT-BYT-BNV dated June 5, 2007, issued by the Ministry of Health and the Ministry of Home Affairs guiding the staffing standards for health services in state-owned medical facilities.

Article 5. Financial Sources

1. State budget funds include:

a) State budget funds ensuring regular operations to fulfill assigned functions and tasks, allocated by the direct superior management agency within the approved budget...

b) Non-regular state funds allocated to perform certain tasks (if any), including:

- Funds for scientific and technological tasks;

- Funds for training and capacity building programs for staff;

- Funds for national health target programs;

- Funds for urgent tasks assigned by the competent authority;

- Funds for personnel reduction policies as stipulated by the state.

c) Capital for basic construction, procurement of equipment, and repair of fixed assets serving health services as prescribed.

2. Revenue from health service activities includes:

a) Portion retained from fees and charges collected by the unit in accordance with state regulations;

b) Revenue from service activities;

c) Other lawful revenue (if any).

3. Grants, donations, gifts, and contributions in accordance with the law (if any).

4. Other sources as prescribed by the law.

Article 6. Work Relationships

1. The Provincial Traditional Medicine Hospital is directly and comprehensively managed by the Director of the Provincial Department of Health;

2. The Provincial Traditional Medicine Hospital is professionally managed by the Ministry of Health and central hospitals regarding traditional medicine and pharmacy;

3. The Provincial Traditional Medicine Hospital is responsible for directing technical expertise in traditional medicine and pharmacy to traditional medical and pharmaceutical facilities in its jurisdiction;

4. Cooperate with educational institutions and units requiring participation in training and capacity building in traditional medicine and pharmacy knowledge.

5. Cooperate with the Association of Traditional Medicine, Acupuncture Association, Herbal Medicine Association, and other related political-social organizations in the jurisdiction to fulfill assigned functions and tasks.

Article 7. Transitional Provisions

1. In cases where referenced documents in this Circular are replaced or amended, they shall be applied according to the replacing or amending documents.

2. Ministries and sectors may refer to the guidance provided in this Circular to define the functions and tasks for their own provincial traditional medicine hospitals.

Article 8. Implementation clause

1. This Circular takes effect from December 9, 2011. Decision No. 1529/1999/QĐ-BYT dated May 25, 1999, of the Minister of Health on the issuance of "Regulations on Functions, Tasks, and Organizational Structure of Provincial Traditional Medicine Hospitals" ceases to be effective from the date this Circular takes effect.

2. The Directors of Health Departments of provinces and centrally-administered cities are responsible:

a) Implementing this Circular.

b) To organize the structure of provincial traditional medicine hospitals according to the guidance in this Circular based on specific characteristics, needs, and conditions. Submit to the provincial People's Committee or issue according to the specified authority the functions, tasks, powers, organizational structure, and relationships of the Provincial Traditional Medicine Hospital.

During implementation, if any issues arise or difficulties occur, provinces and centrally-administered cities should promptly report to the Ministry of Health for consideration and resolution according to their authority./.