The People's Republic of China Practice Doctor Law

Adopted at the Third Session of the Standing Committee of the Ninth National People's Congress on June 26, 1998.) Order of the President of the People's Republic of China The "Law of the People's Republic of China on the Practice of Doctors" has been passed by the Standing Committee of the Ninth National People's Congress of the People's Republic of China The meeting was approved on June 26, 1998 and is hereby promulgated. It will come into effect on May 1, 1999.

Chinese President Jiang Zemin

June 26, 1998

table of Contents

Chapter 1 General Provisions

Chapter 2 Examinations and Registration

Chapter III Rules of Practice

Chapter IV Assessment and Training

Chapter V Legal Liability

Chapter VI Supplementary Provisions

Chapter 1 General Provisions

Article 1 This Law is formulated in order to strengthen the construction of a doctor team, improve the professional morality and professional quality of doctors, protect the legitimate rights and interests of doctors, and protect people's health.

Article 2 This law is applicable to professional medical personnel registered to practice in institutions for medical treatment, prevention, or health care. The doctors referred to in this Law include practicing doctors and practicing assistant doctors.

Article 3 Physicians should have good professional ethics and the level of medical practice, carry forward the spirit of humanitarianism, and perform the sacred duty of preventing and curing diseases, rescuing the wounded, and protecting the health of the people. The whole society should respect physicians. Doctors perform their duties according to law and are protected by law.

Article 4 The health administrative department of the State Council shall be responsible for the work of doctors throughout the country. The health administrative department of the local people's government at or above the county level shall be responsible for the management of the work of doctors within its administrative area.

Article 5 The State awards physicians who have made contributions to medical treatment, prevention, and health care.

Article 6 The assessment and appointment of medical professional titles and medical professional titles of doctors shall be handled in accordance with the relevant regulations of the State.

Article 7 Physicians may organize and participate in doctor associations according to law.

Chapter 2 Examinations and Registration

Article 8 The State implements the qualification examination system for doctors. Physician qualification examinations are divided into practicing physician qualification exams and practicing assistant physician qualification exams. The method for unified examination of doctor qualifications shall be formulated by the health administrative department of the State Council. The qualification examination for doctors shall be organized by the health administrative department of the people's government at or above the provincial level.

Article 9 Any one of the following conditions may participate in the qualification examination for practicing doctors: (1) Having a bachelor's degree or above in medical science from a college or university, under the guidance of a licensed physician, and having a one-year expiry of a medical, preventive, and health care institution; (B) After obtaining a practising certificate for a practicing assistant physician, he has a medical college degree in colleges and universities, and has worked in medical, preventive, and health care institutions for two years; he has a medical specialty in a secondary professional school, and is fully employed in medical, preventive, and health care institutions. Five years.

Article 10 A graduate with a medical college education degree in a college or a medical specialty in a secondary specialized school, under the guidance of a practicing physician, and has a one-year trial period in a medical, preventive, and health care institution, may take a qualification examination for a licensed assistant doctor.

Article 11 If a person who has studied traditional medicine for three years or who has acquired special expertise after many years of practical medical treatment through the method of inheritance, the traditional medical professional organization or the medical, preventive, and health care organization determined by the health administrative department of the people's government at or above the county level shall pass the examination and recommend it. Can participate in the qualifications of practicing physicians or practicing assistant physician qualifications. The contents and methods of the examination shall be formulated separately by the health administrative department of the State Council.

Article 12 The qualifications of qualified doctors shall be qualified and they shall obtain the qualifications of practicing doctors or qualifications of practicing assistant doctors.

Article 13 The state implements a system for the registration of medical practitioners. Those who have obtained the qualifications of doctors may apply to the health administrative department of the people's government at or above the county level for registration. In addition to the circumstances stipulated in Article 15 of this Law, the health administrative department that accepts the application shall approve the registration within 30 days from the date of receipt of the application, and shall issue it to the medical practitioner's practice certificate uniformly printed by the health administrative department of the State Council. Medical, preventive, and health organizations can register for the physicians in this institution.

Article 14 After registration, a physician may practise in the medical, preventive, and health care institutions in accordance with the registered practice place, practice category, and practice scope, and engage in corresponding medical, preventive, and health care operations. No physician is allowed to engage in medical practice without obtaining a practising certificate.

Article 15 In any of the following circumstances, registration shall not be allowed: (1) Failure to have full civil capacity; (2) Due to criminal penalties, not more than two years from the date of completion of penalties to the date of application for registration. (3) The administrative penalties for the revocation of a physician's practice certificate shall be less than two years from the date of the decision on the punishment to the date of application for registration; (4) Other situations where the health administration department under the State Council is not suitable to engage in medical, preventive, and health care business; of. The health administrative department that accepts the application shall notify the applicant in writing within 30 days from the date of receipt of the application if it does not meet the conditions for registration, and shall explain the reason. If the applicant has objections, he may apply for reconsideration or file a lawsuit in a people's court within 15 days from the date of receipt of the notification.

Article 16 If a physician is registered under one of the following circumstances, the medical, preventive, and health care institution where the physician is registered shall report to the sanctioned administrative department within 30 days. The health administrative department shall cancel the registration and withdraw the physician's practice certificate: ) Death or being declared missing; (2) Subject to criminal penalties; (3) Being subject to administrative penalties for revoked physician's license; (d) The suspension of practice activities pursuant to Article 31 of this law expires, and reassessment is still not conducted. Qualified; (5) Having suspended the practice of practicing doctors for two years; (6) Having other circumstances stipulated by the administrative department of health under the State Council that are not suitable for the medical, preventive, and health care business. If the party that has been deregistered has objections, he may apply for reconsideration or file a lawsuit in a people's court within 15 days from the date of receipt of the cancellation notice.

Article 17 Where a physician changes the registered matters such as the place of practice, the category of practice, the scope of practice, etc., it shall go to the health administrative department that has approved the registration to go through the formalities for change registration in accordance with Article 13 of this Law.

Article 18 Whoever suspends the practice of practicing doctors for more than two years and disappears under the provisions of Article 15 of this Law shall apply for re-practicing the work, and shall pass the examination prescribed by the agency specified in Article 31 of this Law, and shall comply with Article 13 of this Law. The provisions of the article are re-registered.

Article 19 A practicing physician who applies for individual practice must register for medical practice, prevention, and health care institutions for five years, and go through the examination and approval formalities in accordance with the relevant regulations of the State. No medical practice may be conducted without approval. The health administrative department of the local people's government at or above the county level shall supervise and supervise physicians who individually practice medicine in accordance with the provisions of the State Council’s health administrative department. Where any of the circumstances stipulated in Article 16 of this Law is found, the registration shall be cancelled in time and the practice of the physician shall be resumed. certificate.

Article 20: The health administrative department of the local people's government at or above the county level shall make a public announcement of the list of persons approved for registration and cancellation, and shall be compiled by the health administrative department of the people's government at the provincial level and reported to the health administrative department of the State Council for the record.

Chapter III Rules of Practice

Article 21: Doctors enjoy the following rights in practicing activities: (1) To perform medical examinations, disease investigations, medical treatments, issue corresponding medical certificates, and choose reasonable medical treatment, prevention, and health care within the scope of registered practice. (b) Acquire the basic conditions for medical equipment that is equivalent to my own practice in accordance with the standards stipulated by the State Council's health administrative department; (3) Engaging in medical research, academic exchanges, and participating in professional academic groups; (IV) Participate in professional training and accept the continuation Medical education; (5) In practice, personal dignity and personal safety are not infringed; (6) Obtaining wage remuneration and allowances and enjoying state-provided welfare benefits; (7) Medical, preventive, and health care work for the organization The work of the health administrative department puts forward opinions and suggestions, and participates in the democratic management of its organization according to law.

Article 22: Doctors perform the following duties in their practice activities: (1) Complying with laws and regulations and complying with technical operating norms; (2) Establishing professionalism, observing professional ethics, performing physician duties, and fulfilling their duties to serve patients; ) Caring for, caring for, respecting patients and protecting the privacy of patients; (d) working hard to delve into business, update knowledge, and improve professional skills; (v) promote health care knowledge and provide health education for patients.

Article 23: Doctors who implement medical treatment, prevention, and health care measures and sign relevant medical certification documents must personally conduct investigations and investigations, and fill out medical documents in accordance with the regulations. They must not hide, forge, or destroy medical documents and related materials. Physicians must not produce medical certificates that are not related to the scope of their practice or that are inconsistent with the type of practice.

Article 24 For emergency patients, the doctor shall take emergency measures for diagnosis and treatment; he shall not refuse the first aid treatment.

Article 25 Physicians should use medicines, disinfectants and medical devices approved by the relevant state departments. Except for proper diagnostic treatment, narcotic drugs, toxic drugs for medical use, psychotropic drugs, and radioactive drugs may not be used.

Article 26 The doctor shall truthfully inform the patient or his family about the condition, but care should be taken to avoid adverse consequences for the patient. Physicians conducting experimental clinical medical treatment shall be approved by the hospital and obtained consent of the patients themselves or their families.

Article 27 A physician may not use his position to solicit or illegally receive the property of a patient or gain other improper interests.

Article 28 In the event of natural disasters, epidemics of infectious diseases, major accidental casualties, and other emergencies that seriously threaten the life and health of the people, doctors shall obey the dispatch of the health administrative department of the people's government at or above the county level.

Article 29 In the event of a medical accident or the discovery of an epidemic of an infectious disease, the doctor shall report to the institution or the administrative department of health in a timely manner in accordance with relevant regulations. When the doctor discovers that the patient is involved in an injury incident or an abnormal death, he should report to the relevant department in accordance with relevant regulations.

Article 30 A licensed assistant doctor shall practise in accordance with his practice category in a medical, preventive, and health care institution under the guidance of a practicing physician. The practicing assistant doctors working in the medical, preventive, and health care institutions of townships, nationality townships, and towns may independently perform general practice activities based on the medical conditions and needs of medical treatment.

Chapter IV Assessment and Training

Article 31 Organizations or organizations entrusted by the health administrative department of the people's government at or above the county level shall, on the basis of the standards for the practice of doctors, conduct regular assessments of the doctors' business level, work performance and professional ethics. As for the results of the assessment of physicians, the assessment agency shall report to the health administrative department that has been approved to register for the record. For those doctors who fail the assessment, the health administrative department of the people's government at or above the county level may order them to suspend their practice activities for three months to six months, and receive training and continuing medical education. Suspend the expiration of the practice period, and conduct an assessment again. If the assessment is qualified, it is allowed to continue practicing; if the assessment fails, the health administrative department of the people's government at or above the county level shall cancel the registration and withdraw the physician's practice certificate.

Article 32 The health administrative department of the people's government at or above the county level shall be responsible for instructing, inspecting, and supervising the assessment of doctors.

Article 33 If a physician has any of the following circumstances, the health administrative department of the people's government at or above the county level shall give commendation or reward: (1) In practicing business, the medical ethics is noble and outstanding; the medical practice is outstanding; Major breakthroughs have made significant contributions; (3) When natural disasters, infectious disease epidemics, sudden major casualties, and other emergencies that seriously threaten people's life and health, rescue, rescue, and salvage diagnosis and treatment are outstanding; (d) long-term Those hard-educated grass-roots units in remote and poverty-stricken areas and ethnic minority areas work hard; (5) Other circumstances that the State Council's health administrative department stipulates should be commended or rewarded.

Article 34. The health administrative department of the people's government at or above the county level shall formulate a plan for the training of physicians and conduct various forms of training for physicians, providing conditions for physicians to receive continuing medical education. The health administrative department of the people's government at or above the county level shall take effective measures to implement training for medical personnel engaged in medical, preventive, and health care operations in rural areas and ethnic minority areas.

Article 35 Medical, preventive and healthcare institutions shall ensure the training of their physicians and continuing medical education in accordance with regulations and plans. The medical and health institutions entrusted by the health administrative department of the people's government at or above the county level to undertake the assessment of physicians shall provide and create conditions for the training of doctors and for the acceptance of continuing medical education.

Chapter V Legal Liability

Article 36 Whoever obtains a practising certificate by unjustified means shall be revoked by the health administrative department that issues the certificate; and the person in charge of direct responsibility and other persons directly responsible shall be given administrative sanctions in accordance with the law.

Article 37 If a physician violates the provisions of this Law in a practice activity and has one of the following acts, the health administrative department of the people's government at or above the county level shall give a warning or order a suspension of practice activities of more than six months and less than one year; the circumstances are serious. Anyone who revokes his practising certificate and constitutes a crime shall be prosecuted for criminal responsibility according to law: (1) Violating the rules and regulations of health administration or technical operation norms, causing serious consequences; (2) Caused by irresponsible delay in the rescue and diagnosis and treatment of critically ill patients; (3) Medical infringement accidents; (4) Signing diagnosis, treatment, epidemiology, etc., or proof of birth, death, etc. without personal examination or investigation; (5) Concealment, (6) The use of drugs, disinfectants, and medical devices that have not been approved for use; (7) The use of narcotic drugs, toxic drugs for medical use, psychoactive drugs, and radioactive drugs that do not comply with regulations. (8)Experimental treatment of patients without the consent of patients or their families (9) To disclose the privacy of the patient and cause serious consequences; (10) To make use of his position to solicit or illegally receive the property of the patient or obtain other improper interests; (11) Natural disasters, epidemics, and epidemics When serious casualties and other emergencies seriously threaten people's life and health, they are disobeyed by the administrative department of health; (12) Medical incidents or epidemics of infectious diseases, suspected injuries or abnormal deaths are not reported. of.

Article 38 If a doctor causes an accident in the work of medical treatment, prevention, or health care, it shall be dealt with in accordance with the law or the relevant state regulations.

Article 39 Whoever starts a medical institution to practice medicine or practices medicine without a doctor without permission shall be banned by the health administrative department of the people's government at or above the county level, confiscate his illegal income, drugs and equipment, and impose a fine of not more than 100,000 yuan; The doctor shall revoke its practising certificate; if it causes damage to the patient, it shall bear the liability for compensation according to law; if it constitutes a crime, it shall be investigated for criminal responsibility according to law.

Article 40: Obstructing a doctor from practising law, insulting, slandering, threatening, hitting a physician, or infringing the personal freedom of a physician or interfering with a doctor's normal work or life shall be punished in accordance with the provisions of the Regulations on Administrative Penalties for Public Security; where a crime is constituted, criminal responsibility shall be investigated according to law.

Article 41 Where a medical, preventive or healthcare institution fails to perform its reporting duties in accordance with the provisions of Article 16 of this Law, resulting in serious consequences, the health administrative department of the people's government at or above the county level shall give a warning; and the administrative person in charge of the organization Administrative sanctions are imposed according to law.

Article 42 Any staff member of a health administrative department or a staff member of a medical, preventive, or health-care organization who violates the relevant provisions of this Law, falsifies, neglects his duty, abuses his power, or engages in malpractice for personal gains does not constitute a crime and shall be given administrative sanctions according to law; , investigate criminal responsibility according to law.

Chapter VI Supplementary Provisions

Article 43 Any person who obtains a medical professional technical title and a medical professional technical title in accordance with the relevant provisions of the State before the promulgation of this Law shall be reported to the health administrative department of the people's government at or above the county level for approval and obtain the corresponding qualification as a doctor. Medical personnel engaged in medical treatment, prevention, and health care services in medical, preventive, and health care institutions shall, according to the conditions stipulated in this Law, collectively check and report to the health administrative department of the people's government at or above the county level, and register and issue a medical practice certificate. The specific measures shall be formulated by the health administrative department of the State Council in conjunction with the personnel administration department of the State Council.

Article 44 This law is applicable to doctors in family planning technical service agencies.

Article 45 Rural doctors who provide prevention, health care, and general medical services to villagers in rural medical and health institutions, in accordance with the relevant provisions of this Law, may obtain the qualifications of practicing physicians or qualifications of practicing assistant doctors according to law; they do not have the provisions of this Law. The rural doctors who are qualified as practicing doctors or qualified as practicing assistant doctors shall be separately formulated by the State Council to administer the measures.

Article 46. The implementing measures for the implementation of this Law by military physicians shall be formulated by the State Council and the Central Military Commission in accordance with the principles of this Law.

Article 47 Foreigners who apply for physicians' examinations, registrations, practice or engage in clinical teaching, clinical research, etc. in China shall be handled in accordance with the relevant regulations of the State.

Article 48 This Law shall come into force on May 1, 1999.