Đặt vấn đề

Chứng chỉ hành nghề dược là văn bản do cơ quan Nhà nước có thẩm quyền cấp cho các cá nhân có đủ trình độ chuyên môn và đáp ứng đủ các điều kiện được quy định tại Điều 13 Luật Dược 2016 để thực hiện các công việc nhất định. Song thủ tục xin cấp chứng chỉ còn phức tạp, bao gồm nhiều loại giấy tờ khác nhau nên các cá nhân khi tiến hành xin cấp gặp rất nhiều khó khăn và thắc mắc khác nhau.

Nội dung chính

Thông qua khảo sát chung thì các thắc mắc phổ biến nhất về công tác xin cấp chứng chỉ hành nghề dược được chia như sau

Thắc mắc về điều kiện để được cấp chứng chỉ hành nghề Dược

  • “Những văn bằng chuyên môn và chức danh nghề nghiệp nào được cấp chứng chỉ hành nghề dược ?”. Với 10 loại văn bằng chuyên môn và chức danh nghề nghiệp khác nhau được quy định cụ thể tại Điều 17, Nghị định số 54/2017/NĐ-CP hướng dẫn rõ ràng nhất cho câu hỏi trên.
  • Ngoài ra, về điều kiện để cấp chứng chỉ còn một số câu hỏi thắc mắc phổ biến khác như: “Cơ sở thực hành chuyên môn như thế nào mới phù hợp để được cấp chứng chỉ hành nghề dược”, “Đi làm ở công ty dược x năm có đủ điều kiện để cấp chứng chỉ hay không, nếu có thì cần giấy tờ gì không”,… Những câu hỏi chung về cơ sở thực hành chuyên môn phù hợp như trên được quy định cụ thể tại Khoản 2 Điều 13 Luật Dược, Điều 19 Nghị định số 54/2017/NĐ-CP và Điều 4 Nghị định 155/2018/NĐ-CP của Chính phủ.
  • “Kí giấy xác nhận thực hành tại nhà thuốc có phải về địa phương nơi mình xin cấp CCHND để kí không ?”, “Làm việc tại nhà thuốc đủ 2 năm, bây giờ mình đi làm ở địa phương khác thì kí giấy xác nhận thực hành ở chỗ cũ vẫn được đúng không ạ ?”,.. Một số câu hỏi khác về điều kiện, cách thức để xin được giấy xác nhận thực hành được thắc mắc rất nhiều. Về thắc mắc này, đối tượng cần làm giấy xác nhận thực hành chuyên môn tại cơ sở trên địa bàn nào thì về đúng sở y tế địa phương đó để xin giấy xác nhận, đặc biệt là cơ sở chuyên môn đó cũng phù hợp với các quy định của pháp luật.
  • Đối với các trường hợp cơ sở thực hành chuyên môn ở địa phương khác so với nơi bạn học tập làm việc, hoặc hộ khẩu thường trú, bạn cũng phải về đúng sở y tế địa phương trên thì mới tiến hành xin được giấy xác nhận thời gian thực hành chuyên môn. Bên cạnh đó, đối với trường hợp thực hành ở nhà thuốc, cá nhân xin giấy xác nhận cần có tên trong danh sách nhân sự của nhà thuốc và được nộp lên Sở Y Tế, khi đủ thời gian thì chủ nhà thuốc trên sẽ ký xác nhận thì khi đó Sở Y Tế mới đóng dấu xác nhận giấy thực hành chuyên môn.
  • Cần lưu ý thời gian thực hành cần đủ theo quy định của pháp luật mới đủ điều kiện để lấy giấy xác nhận thực hành. Một số trường hợp chưa rõ điều kiện dẫn đến thắc mắc như “cho em hỏi em đã thực hành chuyên môn ở nhà thuốc A được 1 năm và có nộp danh sách nhân sự lên sở, Nhưng giờ em muốn chuyển qua nhà thuốc B làm vậy không biết có được gộp thời gian ở 2 nhà thuốc lại để lm cchn không ạ? hay phải đăng kí và làm lại từ đầu ở nhà thuốc B ạ”, “Thời gian thực hành bao lâu là đủ”, “Thời gian thực hành được tính như thế nào”,…
  • Theo đúng quy định của pháp luật, thì thời gian thực hành được phép tính tổng thời gian thực hành tại các cơ sở chuyên môn khác nhau, và giấy xác nhận cần được ký bởi cả các cơ sở trước đó, không cần dấu giáp lai. Còn đối với thời gian bao lâu là đủ điều kiện lấy giấy xác nhận còn tuỳ thuộc vào cơ sở chuyên môn, loại hình kinh doanh mà cá nhân đó tham gia, được quy định cụ thể hơn tại Luật Dược 2016.
  • “Nộp hồ sơ xin cấp giấy chứng chỉ hành nghề dược ở đâu ?”. Với từng hình thức thi hay xét duyệt hồ sơ, cá nhân muốn xin được cấp giấy xác nhận thực hành cần lựa chọn ban ngành để nộp phù hợp: với Bộ Y Tế cho các trường hợp thi xét tuyển, còn Sở Y Tế đối với các hồ sơ nộp để xét duyệt.

Thắc mắc về hiệu lực, thời hạn sử dụng, quy định của giấy chứng chỉ hành nghề Dược

“Chứng chỉ hành nghề có thời hạn bao lâu ?”, “Giấy chứng chỉ ở địa phương khác có sử dụng được không ?”… Đối với những thắc mắc về giấy CCHN, các quy định tại Điều 29, Luật Dược có quy định cụ thể. Ví dụ như, trên giấy CCHN có nêu rõ cụ thể phạm vi hành nghề cụ thể của cá nhân sở hữu đáp ứng đủ điều kiện và được phép hành nghề. Ngoài ra, giấy chứng chỉ hành nghề có giá trị vô thời hạn và trên phạm vi toàn quốc.

Các lưu ý về hiệu lực, tránh sai sót để bị thu hồi giấy chứng chỉ hành nghề

Mặc dù không có thời hạn về hiệu lực nhưng trong một số trường hợp giấy sẽ hết hiệu lực hoặc bị thu hồi theo quy định của pháp luật. Cá nhân cần lưu ý và tuân thủ để không gặp các trường hợp sai phạm trên. Ví dụ, đối với các trường hợp bị chết hay mất tích theo quyết định của Toà án hoặc không có giấy xác nhận hoàn thành đào tạo, cập nhật kiến thức chuyên môn về dược trong thời hạn 03 năm kể từ ngày được cấp Chứng chỉ hành nghề dược hoặc kể từ ngày có giấy xác nhận hoàn thành chương trình đào tạo, cập nhật kiến thức chuyên môn về dược gần nhất, giấy chứng chỉ hành nghề dược khi đó sẽ hết hiệu lực.

Theo quy định tại Điều 28, Luật Dược 2016 quy định cụ thể về các trường hợp vi phạm sẽ bị tịch thu giấy chứng chỉ hành nghề. Các cá nhân cần lưu ý cụ thể, đặc biệt đối với ý thứ 8 :” Người đã được cấp Chứng chỉ hành nghề dược mà không hành nghề trong thời gian 12 tháng liên tục. Đây là một trường hợp phổ biến nhiều người không để ý mà mắc phải.

Ngoài ra còn một số trường hợp thắc mắc cụ thể khác đã được Cục Quản lý dược trả lời được tổng hợp cụ thể tại link sau:

https://drive.google.com/file/d/1b6T80OCGWg1jFPpbCaHjcQ0uWFKU4MbE/view?usp=sharing

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