In order to protect citizens' health and life safety and punish crimes of illegal medical practice according to law, the Supreme People's Court issued the Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Laws in the Trial of Criminal Cases of Illegal Medical Practice, which came into effect on May 9, 2008.
The judicial interpretation further clarifies the five situations of the crime of illegal medical practice, and makes detailed provisions on the situations of "serious circumstances" and "serious harm to patients' health" in the relevant provisions of the criminal law.
According to the judicial interpretation, there are five kinds of criminal acts of illegal medical practice:
1, who has not obtained or illegally obtained the qualification of a doctor to engage in medical activities;
2, the individual has not obtained the "medical institution practice license" to start a medical institution;
3. Engaged in medical activities during the period when the doctor's practice certificate is revoked according to law;
4. Engaged in rural medical activities without obtaining the practice certificate of rural doctors;
5. Family midwives perform medical behaviors other than home delivery.
The judicial interpretation also stipulates that in any of the following circumstances, it shall be deemed as "serious":
1, resulting in mild disability, organ and tissue damage leading to general dysfunction;
2. Causing the spread and prevalence of Class A infectious diseases or being in danger of spread and prevalence;
3, the use of counterfeit drugs, inferior drugs or materials that do not meet the national health standards, medical devices, enough to seriously endanger human health;
4. Illegally practicing medicine after being punished twice by the health administrative department;
5. Other serious circumstances.
In any of the following circumstances, it shall be deemed as "seriously damaging the health of patients":
1, moderate disability or severe dysfunction due to organ and tissue damage;
2, resulting in mild disability of patients above level 3, organ and tissue damage leading to general dysfunction.
The judicial interpretation also stipulates that those who commit the crime of illegal medical practice and at the same time constitute the crime of producing and selling counterfeit drugs, the crime of producing and selling inferior drugs, the crime of fraud, etc., shall be convicted in accordance with the provisions of the Criminal Law with heavier punishment.