China has no legal provisions on doctors practicing medicine

Chapter I General Principles Article 1 in order to strengthen the construction of the physician team, improve the professional ethics and business quality of physicians, safeguard the legitimate rights and interests of physicians, to protect the people's health, the formulation of this law. Article 2 in accordance with the law to obtain the qualification of licensed physicians or physician assistant qualification, registered in the medical, preventive, health care institutions in the practice of professional medical personnel, the application of this law. Physicians referred to in this law, including licensed physicians and physician assistants. Article 3 physicians should have good professional ethics and medical practice level, carry forward the spirit of humanitarianism, to perform the prevention and treatment of disease, to save lives and protect people's health sacred duties. Society as a whole shall respect physicians. Physicians perform their duties in accordance with the law, protected by law. Article 4 the state council administrative department of health in charge of the national work of physicians. Local people's governments at or above the county level, the health administrative department is responsible for the management of the administrative region of the work of physicians. Article 5 the state in the medical, preventive, health care work in the contribution of physicians, give rewards. Article 6 physicians of medical professional and technical titles and medical professional and technical positions of assessment, appointment, in accordance with the relevant provisions of the state. Article 7 physicians may organize and participate in physicians' associations in accordance with law. Chapter II examination and registration of Article VIII of the state to implement the physician qualification examination system. Physician qualification examination is divided into licensed physician qualification examination and licensed physician assistant qualification examination. Physician qualification examination by the State Council health administrative department to develop a unified approach. Physician qualification examination by the people's government at or above the provincial level, the health administrative department to organize and implement. Article 9 has one of the following conditions, can participate in the qualification examination for medical practitioners: (a) with higher education undergraduate degree or above, under the guidance of a licensed physician, in medical, preventive, health care institutions in the probationary period of one year; (b) to obtain the practicing certificate of practicing physician assistant, with higher education in medical specialties, in medical treatment, prevention, health care institutions for two years; with secondary specialized School of medicine degree, in the medical, preventive, health care institutions for five years. Article 10 has a higher school of medicine or secondary specialized school medical degree, under the guidance of a licensed physician, in the medical, preventive, health care institutions in the probationary period of one year, you can participate in the qualification examination for practicing physician assistant. Article 11 to learn traditional medicine in the way of teacher training for three years or after years of practice of medical expertise, by the people's governments above the county level, the health administrative department of the traditional medicine professional organizations or medical, preventive, health care institutions to assess and recommend, can participate in the qualification of licensed medical practitioners or licensed physician qualification examination. The content and methods of the examination shall be formulated separately by the health administrative department of the State Council. Article XII of the qualification examination results, qualified to obtain a licensed physician qualification or assistant physician qualification. Article XIII of the national implementation of physician registration system. Qualified physicians may apply to the health administrative department of the people's government at or above the county level where they are located for registration. In addition to the circumstances provided for in article 15 of this law, the health administrative department accepting the application shall, within thirty days from the date of receipt of the application shall be granted registration, and issued by the state council administrative department of health uniformly printed certificate of practice of physicians. Medical, preventive, health care institutions can be the collective registration procedures for the physicians in the organization. Article XIV of the physician is registered, can be in the medical, preventive, health institutions in accordance with the registered place of practice, practice category, scope of practice, engaged in the corresponding medical, preventive, health care business. Without the registration of physicians to obtain a certificate of practice, shall not engage in the practice of medicine. Article 15 of the following circumstances, shall not be registered: (a) does not have full capacity for civil behavior; (b) due to criminal penalties, from the date of completion of the execution of criminal penalties to the date of application for registration of less than two years; (c) by the revocation of the certificate of practice of the physician administrative penalty, from the date of the penalty decision to the date of application for registration of less than two years; (d) the State Council administrative department of health regulations are not suitable for engaging in medical, Prevention, health care business of other circumstances. The health administrative department that accepts the application shall, if it does not meet the conditions for non-registration, notify the applicant in writing within thirty days from the date of receipt of the application, and state the reasons. The applicant has an objection, may, within fifteen days from the date of receipt of the notice, apply for reconsideration according to law or to the people's court. Article 16 of the physician registration in one of the following circumstances, the medical, preventive, health institutions shall, within thirty days of the granting of registration of the health administrative department shall report, the health administrative department shall cancel the registration, recovery of the certificate of practice of physicians: (a) the death of or declared missing; (b) subject to criminal penalties; (c) by the revocation of the certificate of practice of the administrative penalty; (d) in accordance with the provisions of Article 31 of this Law, the expiration of the suspension of practice activities, and to withdraw the certificate of practice of the physician. Suspension of practice in accordance with the provisions of Article 31 of this Law, the expiration of the re-examination is still unqualified; (E) suspension of physician practice for two years; (F) the State Council administrative department of health regulations should not engage in medical, preventive, health care business in other circumstances. The cancellation of registration of the parties have objections, may, within fifteen days from the date of receipt of the notice of cancellation of registration, apply for reconsideration in accordance with the law, or to the people's court litigation. Article XVII of the physician to change the place of practice, type of practice, scope of practice and other registered matters, shall be permitted to register the administrative department of health in accordance with the provisions of Article 13 of this Law for the change of registration procedures. Article 18 of the suspension of the physician's practice for more than two years and the disappearance of the circumstances provided for in Article 15 of this Law, apply for re-opening of practice, shall be qualified by the institutions provided for in Article 31 of this Law, and re-registered in accordance with the provisions of Article 13 of this Law. Article 19 applies for individual practice of medicine practitioners, shall be registered in the medical, preventive, health care institutions to practice for five years, and in accordance with the relevant provisions of the state for approval procedures; without approval, shall not practice medicine. Local people's governments at or above the county level, the health administrative department of the individual practice of medicine, should be in accordance with the provisions of the State Council administrative department of health, regular supervision and inspection, where found to have the circumstances provided for in article 16 of this law, shall promptly cancel the registration, recovery of the certificate of practice of physicians. Article 20 of the local people's government at or above the county level, the health administrative department shall grant registration and deregistration of the list of persons to be announced, and by the provincial people's government, the health administrative department of the State Council health administrative department for the record. Chapter III Rules of Practice Article 21 A physician shall enjoy the following rights in his practice: (1) within the scope of registered practice, to conduct medical diagnosis, disease investigation, medical disposal, issue appropriate medical documents, and to select reasonable medical, preventive, and health care programs; (2) to obtain the basic conditions of medical equipment comparable to his own practice in accordance with the standards prescribed by the health administrative department of the State Council; (3) to (c) to engage in medical research, academic exchanges, and to participate in professional academic groups; (d) to participate in professional training and to receive continuing medical education; (e) not to be infringed upon in their practice activities in terms of human dignity and personal safety; (f) to receive wages and remuneration and allowances, and to enjoy welfare benefits prescribed by the State; (g) to put forward their opinions and suggestions on the medical, preventive, and health care work of their institutions and on the work of the administrative department of health, and to participate in the democratic management of their institutions according to the law. (vii) To put forward opinions and suggestions on the medical, preventive and health care work of their organizations and the work of the health administrative departments, and to participate in the democratic management of their organizations according to law. Article 22 Physicians shall fulfill the following obligations in their practice: (1) to abide by laws and regulations and technical operation standards; (2) to establish a spirit of dedication, abide by professional ethics, fulfill their duties as physicians, and dutifully serve their patients; (3) to care for, love, and respect their patients, and to protect the privacy of their patients; (4) to strive to study the business, update their knowledge, and improve their professional and technical skills; (5) to publicize health care knowledge, and to provide health education to their patients. (e) publicize health care knowledge and provide health education to patients. Article 23 A physician who implements medical, preventive and health care measures, and signs relevant medical documents, must personally diagnose, investigate and fill out medical documents in a timely manner in accordance with the provisions of the law, and may not conceal, falsify or destroy medical documents and related information. Physicians shall not issue medical documents unrelated to their scope of practice or incompatible with the type of practice. Article 24 of the emergency patients, physicians shall take urgent measures to diagnose and treat; shall not refuse emergency treatment. Article 25 The physician shall use drugs, disinfectants and medical equipment approved for use by the relevant state departments. In addition to proper diagnosis and treatment, shall not use narcotic drugs, medical toxic drugs, psychotropic drugs and radioactive drugs. Article 26 A physician shall truthfully inform a patient or his/her family of his/her condition, but shall take care to avoid adverse consequences to the patient. Physicians conducting experimental clinical medical treatment shall be approved by the hospital and obtain the consent of the patient or his/her family. Article 27 A physician shall not take advantage of his or her position to solicit or illegally accept property from a patient or to gain other improper benefits. Article 28 In the event of natural disasters, epidemics of infectious diseases, sudden deaths and injuries and other serious threat to people's lives and health emergencies, the physician shall be subject to the people's government at or above the county level of the health administrative department of the deployment. Article 29 When a physician occurs a medical incident or discovery of infectious disease outbreaks, should be in accordance with the relevant provisions of the timely report to the institution or the administrative department of health. Physicians find patients suspected of injury events or unnatural death, shall, in accordance with the relevant provisions of the report to the relevant departments. Article 30 A practicing physician assistant shall, under the guidance of a practicing physician, practice in medical, preventive and health care institutions in accordance with his or her category of practice. A practicing assistant physician working in a medical, preventive or health-care institution in a township, an ethnic township or a township may engage in general practice independently according to the circumstances and needs of medical consultation and treatment. Chapter IV Appraisal and Training Article 31 The institutions or organizations entrusted by the health administrative departments of the people's governments at or above the county level shall, in accordance with the standards for the practice of medicine, conduct regular appraisals of the physician's level of practice, work performance and professional ethics. The results of the examination of the physician, the examination organization shall report to the administrative department of health to grant registration for the record. Failure to assess the physician, the people's government at or above the county level, the health administrative department may order the suspension of its practice activities for three months to six months, and receive training and continuing medical education. Suspension of practice expires, again for the assessment, the assessment of qualified, allowed to continue to practice; the assessment fails, by the people's governments above the county level administrative department of health cancellation of registration, recovery of the certificate of practice of physicians. Article 32 The health administrative departments of the people's governments at or above the county level shall be responsible for guiding, inspecting and supervising the examination of physicians. Article 33 The health administrative department of the people's government at or above the county level shall commend or reward a physician for one of the following circumstances: (1) in the practice of medicine, high moral character and outstanding deeds; (2) significant breakthroughs in medical expertise and technology, and significant contributions; (3) in the event of natural disasters, epidemics of infectious diseases, sudden major casualties and other emergencies seriously threatening the lives and health of the people. Save lives, rescue and treatment of outstanding performance; (4) long-term in remote poverty-stricken areas, ethnic minority areas in difficult conditions at the grass-roots level of hard work; (5) the State Council administrative department of health shall be recognized or rewarded for other circumstances. Article 34 The health administrative departments of the people's governments at or above the county level shall formulate training programs for physicians, physicians in various forms of training, and provide conditions for physicians to receive continuing medical education. The health administrative departments of the people's governments at or above the county level shall take vigorous measures to implement training for medical personnel engaged in medical, preventive and health care operations in rural and minority areas. Article 35 Medical, preventive and health care institutions shall, in accordance with regulations and plans, ensure the training and continuing medical education of physicians in their institutions. People's governments at or above the county level health administrative department entrusted to undertake the task of physician examination of medical and health institutions, shall provide and create conditions for the training of physicians and acceptance of continuing medical education. [1]