The Law of the People's Republic of China on Medical Practitioners of the People's Republic of China*** and the State of China, which was adopted by the Standing Committee of the Thirteenth National People's Congress of the People's Republic of China at its Thirtieth Meeting on August 20, 2021, is hereby promulgated, and shall come into force on March 1, 2022, as of the same date.
Legal Basis
The Law of the People's Republic of China on Medical Practitioners
Article 25 A medical practitioner shall, in the course of diagnostic and therapeutic activities, explain to the patient the condition of the patient, the medical treatment measures, and other matters to be informed. Need to implement surgery, special examination, special treatment, physicians shall promptly specify to the patient medical risks, alternative medical programs and other circumstances, and obtain their explicit consent; can not or is not appropriate to explain to the patient, should be explained to the patient's close relatives, and obtain their explicit consent. Article 26 Physicians to carry out clinical trials of drugs, medical devices and other medical clinical research shall comply with the relevant provisions of the state, comply with the norms of medical ethics, ethical review in accordance with the law, and obtain written informed consent. Article 27 of the need for emergency treatment of patients, physicians should take urgent measures to diagnosis and treatment, shall not refuse emergency treatment.
Because of life-threatening patients and other emergencies, can not obtain the views of the patient or his close relatives, approved by the head of the medical institution or the authorized person in charge of the implementation of appropriate medical measures can be immediately.
The state encourages physicians to actively participate in the public **** transportation and other public **** place first aid service; physicians voluntarily implement the first aid caused by the recipient of damage, do not bear civil liability. Article 28 Physicians shall use medicines, disinfecting agents and medical devices approved or recorded in accordance with the law, and adopt legal, compliant and scientific methods of diagnosis and treatment.
Except in accordance with the norms for diagnosis and treatment, shall not use narcotic drugs, medical toxic drugs, psychotropic drugs, radioactive drugs. Article 29 Physicians shall adhere to the principle of safe, effective, economical and reasonable use of drugs, follow the guidelines for the clinical application of drugs, clinical diagnosis and treatment guidelines and drug instructions for the rational use of drugs.
In the absence of effective or better treatment and other special circumstances, the physician obtains the patient's express informed consent, can be used in the drug specification is not clear, but has the evidence of evidence-based medicine of the use of drugs to implement treatment. Medical institutions should establish a management system to review the appropriateness of the physician's prescription and medication, and strictly regulate the physician's medication behavior.