(1) autonomy of practice. In the registered scope of practice, in strict compliance with the laws, regulations and medical and health rules and regulations under the premise, the physician has the right to carry out the necessary medical diagnosis based on the patient's condition to reflect on, and independently choose the appropriate medical program, preventive measures, health care to assist the patient to restore health; the physician has the right to investigate the disease according to the disease, epidemics need to carry out investigations or epidemiological investigations, to take preventive measures and the necessary medical treatment measures At the same time, the physician has the right based on the needs of the disease and medical results issued by the appropriate medical documents.
(2) practice requirements guarantee rights. According to the State Council promulgated the "Regulations on the Administration of Medical Institutions" and the Ministry of Health formulated the relevant norms, physicians in all types of medical and health care institutions, the right to obtain the basic requirements of medical equipment equivalent to their practice, medical and health care institutions should provide the corresponding basic requirements (legal obligations) and gradually improve the enhancement of the (moral obligations), to ensure that the physician's practice of the technology and the degree of full play.
(3) the right to professional study. Physicians have the right to participate in professional academic groups, engaged in medical research, academic exchanges, to participate in professional training, to undergo continuing medical education.
(4) the right to respect. Physician profession is to prevent and treat diseases, save lives and help the sacred labor, the physician's practice and professional order by the law. Physicians in the practice of human dignity, personal safety and personal freedom from violation, in order to maintain the honor and dignity of physicians.
(5) the right to remuneration. Physicians in accordance with the law, the rights and interests of labor remuneration in accordance with the relevant policies are safeguarded by law, and enjoy the state rules and contractual benefits.
(6) the right to participate in democratic management. Physicians have the right to medical, preventive, health care and health administrative department of the institution's profession to put forward opinions and suggestions, and participate in the democratic management of the institution in accordance with the law.
Obligations of physicians
Obligations of physicians refers to the practice of physicians in accordance with the implementation of the duties of the duty, that is, in the practice of activities should be for a certain behavior or not for a certain behavior of the scope and limitations. In the doctor-patient relationship, the obligations of physicians correspond to the rights and interests of patients. In view of the monopoly position of physicians in the industry, patients usually have to take the initiative to accept the services of physicians, and they are in a weak and unfavorable position in terms of how to reflect, diagnose, treat and medically dispose of their illnesses at the discretion of the physicians. In order to balance the relationship between doctors and patients and to accomplish social justice, the laws of physicians in various countries usually emphasize or even specifically regulate the obligations of physicians, while the rights and interests of physicians are seldom or irregularly regulated. For example, the Medical Practitioners Law of Japan only has two articles on the rights and interests of medical practitioners, namely, monopoly of business (Article 17) and monopoly of title (Article 18), while there are six articles on the duties of medical practitioners, including the duty to respond to consultations, to attend consultations, and to deliver diagnosis certificates (Article 19), the duty to conduct in-person consultations (Article 20), the duty to report abnormal deaths (Article 21), and the duty to deliver prescription pads (Article 22), the duty to give health care instructions, and the duty to provide medical advice and the duty to provide medical advice to patients. Duty to provide health care guidance and duty to record and maintain medical records (Article 24).
Based on China's "Practicing Physician Law," the rules of Article 22, the physician in the practice of law has the following legal obligations:
(1) the obligation to practice in accordance with the law. Physicians as citizens in addition to should abide by national laws, but also need to abide by the relevant health laws, rules and regulations, abide by the relevant health norms and standards of operation of medical and health technology. The Ministry of Health issued on April 7, 1982, "hospital professionals" rules at all levels of physicians and other medical personnel should be careful to implement the rules and regulations and technical practices, personally operate or instruct nurses to carry out a variety of important introspection and treatment.
(2) the obligation to comply with medical ethics. Physicians in practice, should establish a sense of wholeheartedly for the people's service, adhere to and carry forward the humanitarian principles of saving lives, abide by professional ethics, and conscientious service to patients. The Ministry of Health on August 29, 1994 announced the "Regulations for the implementation of the regulations of medical institutions," the rules of the medical institutions should organize medical staff to study medical ethics standards and related teaching materials, and urge medical staff to comply with professional ethics. Physicians should pay attention to human life and respect for the human condition, to maintain the patient's well-being, to alleviate the patient's hardship.
(3) in accordance with the principle of good faith and ancillary obligations. Physicians in the practice of medicine, care, protection, the duty of the patient and the obligation to protect the patient's privacy. "Medical institutions regulations implementation details" rules medical institutions should respect the patient's condition, diagnosis, treatment of informed rights and interests. When performing surgeries, special examinations and special treatments, patients shall be given the necessary explanations. If it is not appropriate to clarify the situation to the patient due to the implementation of maintenance medical measures, the patient's family shall be notified of the situation. The Law also stipulates that medical institutions shall implement maintenance medical measures for patients in their diagnostic and treatment activities, and obtain the cooperation of patients' families and relevant personnel. At the same time, due to the characteristics of medical activities, patients actively or voluntarily introduce their medical history, symptoms, signs and symptoms, family history, as well as personal habits, hobbies and other privacy and secrets to doctors, and these personal privacy and secrets should be maintained. These personal privacy and secrets should be safeguarded. Moreover, more and more people think that the patient's condition and treatment plan also belong to the privacy of the person concerned and should also be safeguarded. Therefore, in the actual operation of medical care, the rights and interests of patients are the obligations of physicians and other medical personnel.
(4) diligence obligation. Physicians in practice, to ensure the degree of high-quality medical services, not only to have a good service attitude, but also have a solid business knowledge and skill. This is the threshold of physicians in practice from time to time undergo continuing medical education, and strive to study business, update knowledge, and enhance the degree of professional and technical. Physicians participate in professional training, undergo medical continuing education, is both the rights and interests of physicians, but also the obligations of physicians. China's "Practicing Physicians Law" stipulates that administrative departments above the county level should formulate plans for the training of physicians and provide requirements for continuing education, and at the same time, take vigorous measures to train medical personnel in rural areas and in areas where the majority of ethnic groups live. Medical, preventive and health care institutions should ensure the training of physicians in their institutions according to the plan and the continuing examination community, the health administrative departments above the county level entrusted to undertake the assessment of physician assessment of medical and health institutions should provide and invent training and undergo continuing medical education requirements.
(5) health publicity obligations. Physicians in practice activities to patients to publicize health care knowledge, health education obligations. With the development of society and scientific and technological progress, human beings to jeopardize their own health elements of the view gradually deepened, the connotation of the health care industry is also from time to time rich and expanding. There are many more factors affecting human health and well-being, and the effects of the living environment, public health and bad habits such as smoking and alcoholism on human health and well-being have aroused widespread concern in society. The control and improvement of these elements is not enough to rely solely on the occupation of the health sector. To establish a "big health" concept, mobilize the whole society, all sectors, all aspects of the health and well-being of the difficult issues, in the masses generally carry out 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 lifestyle, enhance the awareness of health and well-being and the ability to self-care. This is a duty and responsibility incumbent on physicians. This is the answer to the question of what legal obligations should be implemented in the practice of medicine. 685