Thông tư 49/2016/TT-BYT

CIRCULAR

ON ORGANIZATION AND EMERGENCY RESPONSE TO TRAFFIC ACCIDENTS

ON EXPRESSWAYS

Pursuant to the Law on road traffic dated November 13, 2008;

Pursuant to the Law on Medical examination and treatment dated November 23, 2009;

Pursuant to the Decree No. 32/2014/ND-CP dated April 22, 2014 of the Government on the management, operation and maintenance of expressway facilities;

Pursuant to the Decree No. 63/2012/ND-CP dated August 31, 2012 of the Government defining the functions, tasks, powers and organizational structures of the Ministry of Health;

Pursuant to the Decision No.1203/QD-TTg dated July 19, 2013 of the Prime Minister on approving the scheme on the organization of emergency response to traffic accidents on expressways until 2020;

At the request of the Director of Medical examination and treatment management,

The Minister of Health promulgates the Circular on the organization and emergency response to traffic accidents on expressways.

Article 1. Scope

This Circular deals with:

1. The emergency response to traffic accidents on expressways includes: administration of first aid, emergency treatment, care, and transport of victims of traffic accidents on expressways.

2. The organization of the network of health facilities serving the emergency response to traffic accidents on expressways at the administrative divisions which the expressway passes through.

Article 2. Rules for emergency response to traffic accidents

1. Ensure that emergency response to traffic accidents is performed in a quick, timely and effective manner in order to give victims emergency aid and timely transport them to the nearest health facilities.

2. Follow the medical procedures for giving traffic accident victims emergency aid.

3. Ensure close coordination among, organizations, units and individuals that are responsible for giving emergency aid to traffic accident victims.

Article 3. The network of health facilities capable of emergency response to traffic accidents on expressways.

The network of health facilities capable of emergency response to traffic accidents includes emergency medical stations along expressways, which are organized as follows:

1. The emergency medical stations are part of health facilities available along the expressways, including communal health centers of districts and communes, 115 emergency centers, state-owned hospitals and private hospitals.

2. Locations: There must be at least one emergency station every 50 kilometers of expressway.

Article 4. Emergency response activities

1. The Health Department of each province or central-affiliated city (hereinafter referred to as “province”) which the expressway passes through shall make a list of health facilities capable of giving traffic accident emergency aid and then send it to the local traffic management centers, and health facilities in order to coordinate and give traffic accident emergency aid.

2. When a traffic accident occurs, the local traffic management center shall inform the victim’s name, age, and address (if any), describe his/her situation to a health facility on the list. 

3. The local traffic management center shall immediately transfer the victim of traffic accident at the scene.

4. The health facilities shall give traffic accident victims emergency aid in accordance with the Regulation on emergency treatment, intensive care and poison control enclosed with the Decision No. 01/2008/QD-BYT dated January 21, 2008 of the Minister of Health.

5. If the case is beyond the capacity of the health facility, the victim must be referred to a capable health facility after he/she receives first aid or emergency treatment.

Article 5. Duties of emergency medical stations along expressways

1. The health facilities shall give traffic accident victims emergency aid in accordance with the regulation on emergency treatment, intensive care and poison control enclosed with the Decision No. 01/2008/QD-BYT dated January 21, 2008 of the Minister of Health.

2. Every health facility that has an emergency medical station shall send biannual reports or unscheduled reports on the emergency response to traffic accidents along expressways to the Health Departments of provinces.

Article 6. Responsibilities of the health facilities receiving traffic accident victims

1. The medical examination and treatment facility within its operating scope, which is approved by a competent authority, is responsible for providing the timely first aid, emergency treatment, medical examination and treatment for traffic accident victims.

2.  If the case is beyond the capacity of the health facility, the victim must be referred to a capable health facility after he/she receives first aid or emergency treatment. In this case, the health facility shall still give the victim first aid, emergency treatment, care, treatment until he/she is transported to another facility.

Article 7. Payment for emergency response to traffic accidents

1. If the traffic accident victim has a health insurance card, the payment for transportation, administration of first aid, or emergency treatment shall be made in accordance with regulations of the Circular No. 40/2015/TT-BYT dated November 16, 2015 of the Minister of Health on registration of medical examination and treatment covered by health insurance.

2. If the traffic accident victim does not have a health insurance card, the health facility shall still give him/her the victim first aid, emergency treatment, and treatment. After the first aid or emergency treatment, the health facility can collect the charges for transportation, first aid and emergency treatment at the prices imposed by the State (if the health facility is state-owned) or at the prices imposed by the health facility itself (if it is a private hospital).

Article 8. Responsibilities of the Department of Medical examination and treatment - The Ministry of Health

1. Act as a focal point to coordinate with relevant units to organize implementation, provide guidance, carry out inspections and evaluate the implementation of this Circular.

2. Collect information and submit reports in accordance with regulations of this Circular.

3. Make the data on the network of emergency medical stations along expressways publicly available on the portal of the Ministry of Health or the website of the Department of Medical examination and treatment.

Article 9. Responsibilities of the Health Department of provinces

1. Take charge and cooperate with the Department of Transport of provinces in:

a) carrying out a survey and making a list of health facilities capable of giving traffic accident emergency aid as specified in Clause 1 Article 4 of this Circular.

b) promulgating regulations on the referrals for a number of emergency medical stations near the borders between provinces to ensure the victims are referred to appropriate, capable and convenient health facilities.

2. Provide instructions and technical assistance for health facilities in accordance with the existing regulations and promulgate regulations on referrals between health facilities in provinces and cities.

3. Based on the actual conditions of the province and ability of the health facilities therein, the Department of Health takes charge and coordinate with the Departments of Health of neighboring provinces and relevant agencies in consulting the People's Committee of the provinces which the expressway passes through in order to ensure that there must be at least one emergency station every 50 kilometers of expressway.

Article 10. Responsibilities of health facilities

1. Implement this Circular within their premises.

2. Set up an emergency medical station consistent with requirements of the Provincial Department of Health, improve facilities, equipment, and human resources to receive traffic accident victims referred by other facilities.

3. Submit reports on emergency response to traffic accidents as specified in this Circular.

Article 11. Effect

This Circular comes into effect from March 01, 2017;

Article 12. Terms of reference

In case the documents referred to in this Circular are replaced or amended, the replacing document or the amended document shall prevail.

Article 13. Implementation

The Director of the Department of Medical examination and treatment, Chief of the Ministry Office, Chief of the Ministry Inspectorate, Directors, Director General of Departments and General Departments of the Ministry of Health, Directors of Department of Health, Heads of other health authorities, relevant heads of organizations and units are liable to execute this Decision.

Difficulties that arise during the implementation of this Circular should be reported to the Ministry of Health (Department of medical examination and treatment)./.