2. If he or she seriously damages the health of the patient, he or she shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years, and shall be fined; and if the death of the patient occurs, the person shall be sentenced to fixed-term imprisonment of not less than ten years, and shall be fined.
I. Criteria for Filing a Case
Illegal practice of medicine by a person who has not obtained a license to practice medicine and is suspected of one of the following circumstances shall be filed for prosecution:
(1) Causing the patient to have a mild disability, organ and tissue damage resulting in general functional impairment, or more than a moderate degree of disability, organ and tissue damage resulting in serious functional impairment, or death;
(2) Causing the Class A infectious disease transmission, epidemic or the risk of transmission, epidemic;
(C) the use of counterfeit drugs, substandard drugs, or does not meet the national standards of sanitary materials, medical equipment, enough to seriously endanger human health;
(D) the illegal practice of medicine by the administrative department of health after the administrative penalty of two times, and then again illegally practicing medicine;
(E) the other circumstances of the situation is serious.
The penalties for the crime of practicing medicine illegally are divided into three sentencing ranges:
1. "If the circumstances are serious, the penalty shall be fixed-term imprisonment of not more than three years, detention or control, and a fine or a single fine";
2. "If the health of the patient is seriously jeopardized, the penalty shall be fixed-term imprisonment of not less than three years and not more than ten years, and a fine or a single fine. above ten years of imprisonment, and a fine"; "serious damage to the physical health of the patient" should not be based on the standard of medical malpractice, but should be interpreted as a serious injury that meets the criteria for the identification of serious injuries to the human body.
3, "causing the death of the patient, shall be sentenced to more than ten years of imprisonment and fined".
Three, the practice of medicine qualification certificate for
Application for the establishment of medical institutions units or individuals to the County Health Bureau to submit "medical institutions license" application report, and fill out the "medical practice registration book" should be submitted:
1, the legal representative or principal officer of the medical institution and the directory of heads of various departments and relevant qualification certificates, practicing certificates, identity cards Copies;
2. Proof of property rights or use of the premises of the medical institution;
3. Floor plan of the architectural design of the medical institution;
4. Proof of capital verification and asset evaluation report;
5. List of general equipment and list of types of medicines.
Legal basis
"Regulations for the Implementation of the Regulations on Medical Institutions"
Article 77 Anyone who practises without obtaining a "license to practice in a medical institution" shall be ordered to stop practicing, confiscate the illegal gains and medicines and equipment, and shall be fined not more than 3,000 yuan; in any of the following cases, the person shall be ordered to stop practicing, confiscate the illegal gains and drugs and devices, and impose a fine of not less than 3,000 yuan and not more than 10,000 yuan:
(a) unauthorized practice has been sanctioned by the administrative department of health planning and sanitation;
(b) unauthorized practice of non-health technology professionals;
(c) unauthorized practice time of more than three months;
(d) to patients causing injury;
(e) use of fake drugs, inferior drugs to deceive patients;
(f) the practice of medicine in the name of cheating patients money and goods;
(g) provinces, autonomous regions and municipalities directly under the Central Health Planning Administration of other circumstances.