What are the rights and obligations of physicians as stipulated in the law on practicing physicians

According to the provisions of Article 21 of China's Law on Practicing Physicians, the rights of physicians in China include:

(1) The right to practice autonomy. In the registered scope of practice, in compliance with laws, regulations and health care rules and regulations, the physician has the right to carry out the necessary medical diagnostic examinations in accordance with the patient's condition, the autonomy to choose the appropriate medical program, preventive measures, health care methods to help patients to restore their health; the physician has the right to carry out disease investigations or epidemiological investigations based on the condition of the disease, epidemic needs, to take precautionary measures and the necessary medical disposal measures At the same time, the physician has the right to issue the appropriate medical certificates according to the needs of the condition and medical results.

(2) the right to practice conditions. According to the state council promulgated the "regulations on the management of medical institutions" and the ministry of health of the relevant standards, physicians in all types of medical and health institutions, the right to obtain the basic conditions of medical equipment equivalent to their practice, medical and health institutions should provide the appropriate basic conditions (legal obligations) and gradually improve (moral obligations), to ensure that the physician's practice skills and level of the full play.

(3) the right to professional study. Physicians have the right to participate in professional academic organizations, engage in medical research, academic exchanges, participate in professional training, and receive continuing medical education.

(4) The right to respect. Physicians work is to prevent and treat diseases, save lives and help the injured sacred labor, physicians' practice activities and work order is protected by law. Physicians in practice activities, human dignity, personal safety and personal freedom from infringement, in order to maintain the honor and dignity of physicians.

(5) the right to obtain remuneration. The right of physicians to obtain remuneration for their labor in accordance with the law, the contract and in accordance with relevant policies is protected by law, and they enjoy the welfare benefits stipulated by the state and agreed in the contract.

(6) The right to participate in democratic management. Physicians have the right to put forward opinions and suggestions on the medical, preventive and health care work of their institutions and the work of the health administration, and to participate in the democratic management of their institutions in accordance with the law.

Doctor's obligations

Doctor's obligations refers to the physician's practice in accordance with the duties performed by the duty, that is, in the practice of activities should be a certain behavior or not a certain behavior of the scope and limits. In the doctor-patient relationship, the physician's obligations correspond to the patient's rights. In view of the physician in the industry monopoly position, the patient to the physician service usually only passive acceptance, how to check, diagnosis, treatment and medical treatment, all listen to the physician to decide, in a weak and unfavorable position. In order to balance the relationship between doctors and patients, to achieve social justice, countries generally focus on physician law or even special provisions of the obligations of the physician, and the rights of the physician is little or no provisions. For example, Japan's Medical Practitioners Law provides only two articles on the rights of medical practitioners, namely, the monopoly of business (article 17) and the monopoly of name (article 18), while the obligations of medical practitioners are provided for in six articles, including the obligation to respond to, attend and deliver diagnosis (article 19), the obligation to conduct a personal examination (article 20), the obligation to report abnormal deaths (article 21), the obligation to deliver prescription paper (article 22), the obligation to provide health care guidance and the obligation to provide medical records. Obligation to provide health care guidance and obligation to record and keep medical records (Article 24).

According to the provisions of Article 22 of China's "Law on Practicing Physicians", physicians have the following legal obligations in their practice:

(1) the obligation to practice in accordance with the law. Physicians as citizens should comply with national laws, but also must comply with the relevant health laws, regulations and rules, and comply with the relevant health standards and medical and health technology operation norms. Ministry of health issued on April 7, 1982 "hospital staff duties" stipulates that physicians and other medical personnel at all levels should conscientiously implement the rules and regulations and technical operation routines, and personally operate or guide nurses to carry out a variety of important examinations and treatments.

(2) the obligation to abide by medical ethics. Physicians in practice activities, should establish a wholeheartedly for the people's consciousness, adhere to and carry forward the humanitarian principles of saving lives and helping the injured, abide by professional ethics, and dutifully serve the patients. Ministry of health on August 29, 1994 promulgated the "medical institutions regulations implementing rules" stipulates that medical institutions should organize medical personnel to study medical ethics and relevant teaching materials, urging medical personnel to abide by professional ethics. Physicians should maintain the health of patients and alleviate their suffering while valuing human life and respecting their personalities.

(3) according to the principle of good faith born incidental obligations. Physicians in the practice of medicine, the obligation to care, love, newborn patients and the obligation to protect the privacy of patients. The implementation rules of the regulations of medical institutions, medical institutions should respect the patient's right to know their condition, diagnosis, treatment. In the implementation of surgery, special examination and special treatment, necessary explanations should be given to the patient. If it is not appropriate to explain the situation to the patient due to the implementation of protective medical measures, the patient's family should be notified of the situation. The Law also stipulates that medical institutions, in their diagnostic and treatment activities, shall implement protective medical measures for the patient and obtain the cooperation of the patient's family and relevant personnel. At the same time, due to the characteristics of medical activities, patients actively or passively introduce their medical history, symptoms, signs and symptoms, family history, as well as their personal habits, hobbies and other privacy and secrets to doctors, and these personal privacy and secrets should be protected. And more and more people believe that the patient's condition and treatment plan also belong to the privacy of the person concerned and should also be protected. Therefore, in medical practice, the patient's rights are physicians and other medical personnel must fulfill the obligations.

(4) the duty of diligence. Physicians in practice, to ensure a high quality level of medical services, not only to have a good service attitude, but also have a solid business knowledge and skillful skills. This requires physicians in practice to continue to receive continuing medical education, and strive to study the business, update knowledge, and improve the level of professional and technical skills. Physicians to participate in professional training, receive continuing medical education, both the rights of physicians, but also the obligations of physicians. China's Law on Practicing Physicians stipulates that administrative departments at or above the county level shall formulate training programs for physicians and provide conditions for continuing education, while taking vigorous measures to implement training for medical personnel in rural and ethnic minority areas. Medical, preventive and health care institutions should ensure the training and continuing medical education of physicians in their institutions according to the plan, the health care institutions entrusted by the administrative departments of health at or above the county level to undertake the assessment and evaluation of physicians should provide and create the conditions for training and acceptance of continuing medical education.

(5) health promotion obligations. Physicians in practice activities have to patients to publicize health care knowledge, health education obligations. With the development of society and scientific and technological progress, human understanding of the factors that jeopardize their health gradually deepened, the connotation of health care is also constantly enriched and expanded. There are many factors affecting human health, among which the living environment, public **** hygiene, and the impact of smoking, alcoholism and other bad habits on human health has attracted widespread social attention. To control and improve these factors, the work of the health sector alone is not enough. To establish a "big health" concept, mobilize the whole society, all sectors, all aspects are concerned about health and health issues, in the masses to carry out a wide range of health education activities, through the popularization of medical and health knowledge, education and guidance of the masses to develop good health habits, advocate a civilized and healthy way of life, to improve the health consciousness and self-care ability. This is a duty and responsibility incumbent on physicians.