Chapter 1 General Principles
Article 1 In order to strengthen the construction of the physician team, improve the professional ethics and business quality of physicians, to safeguard the legitimate rights and interests of physicians, and to protect the people's health, the enactment of this law.
Second, in accordance with the law to obtain the qualification of licensed physicians or physician assistant qualification, registered in the medical, preventive, health care institutions practicing professional medical personnel, the application of this law.
The physicians referred to in this Law include licensed physicians and assistant physicians.
Article 3 Physicians shall have good professional ethics and medical practice, carry forward the spirit of humanitarianism, and fulfill the sacred duty of preventing and treating diseases, saving lives and protecting people's health.
The whole society shall respect physicians. Physicians perform their duties in accordance with the law, protected by law.
Article 4 The State Council administrative department of health is responsible for the work of physicians throughout the country.
The administrative departments of health of the local people's governments at or above the county level are responsible for managing the work of physicians in their administrative regions.
Article 5 The State shall reward physicians who have made contributions to medical, preventive and health care work.
Article 6 The appraisal and appointment of medical professional and technical titles and medical professional and technical positions of physicians shall be handled 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
Article 8 The State implements a system of examination for qualification of physicians. The qualification examination for physicians is divided into the qualification examination for practicing physicians and the qualification examination for practicing physician assistants.
Methods for the unified examination for physician qualification shall be formulated by the health administrative department of the State Council. Physician qualification examination by the people's government at or above the provincial level, the health administrative department to organize and implement.
Article 9 With one of the following conditions, may participate in the qualification examination for practicing physicians:
(1) with a bachelor's degree or above in medicine from a school of higher learning, under the guidance of a licensed physician, in medical, preventive, health care institutions for a probationary period of one year;
(2) after obtaining the certificate of practice of assistant physicians, with a specialist degree of medicine from a school of higher learning, in medical, prevention, health care institutions for two years; with secondary specialized school medical specialty education, in medical, prevention, health care institutions for five years.
Article 10 With a higher school medical degree or secondary specialized school medical education, 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 assistants.
Article XI of the teacher to learn traditional medicine 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 qualifications 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 physician qualification examination results, to obtain the qualification of licensed physicians or physician assistants.
Article XIII of the State to implement the registration system for medical practice.
Anyone who has obtained a physician's qualification may apply for registration with the health administrative department of the people's government at or above the county level where he or she is located.
Except for the cases stipulated in Article 15 of this Law, the health administrative department accepting the application shall grant registration within thirty days from the date of receipt of the application and issue a certificate of physician practice uniformly printed by the health administrative department of the State Council.
Medical, preventive and health-care institutions may collectively register the physicians in their institutions.
Article 14 After registration, physicians may practice in medical, preventive and health care institutions in accordance with the registered place of practice, type of practice, scope of practice, and engage in the corresponding medical, preventive and health care business.
No physician may engage in physician practice without obtaining a certificate of practice through registration.
Article 15 One of the following circumstances, shall not be registered:
(1) does not have full capacity for civil behavior;
(2) due to criminal penalties, from the date of completion of the execution of criminal penalties to the date of the application for registration of less than two years;
(3) revocation of the certificate of registration of the physician by the administrative punishment, from the date of the decision on the punishment to the date of application for registration Less than two years;
(4) the State Council administrative department of health regulations should not be engaged in medical, preventive, health care business in other cases.
The health administrative department that accepts the application for not meeting the conditions for not being registered, shall, within thirty days from the date of receipt of the application, notify the applicant in writing, and explain the reasons. The applicant has objections, may, within fifteen days from the date of receipt of the notice, apply for reconsideration in accordance with the law or bring a lawsuit to the people's court.
Article 16 If a physician is registered under one of the following circumstances, the medical, preventive or health care institution in which he or she is employed shall report within thirty days to the administrative department of health which granted the registration, and the administrative department of health shall cancel the registration and withdraw the certificate of practice of the physician:
(1) if he or she is dead or has been declared missing;
(2) if he or she has been subjected to criminal punishment;
(3) if he or she is Subject to administrative punishment of revocation of the certificate of practice of physicians;
(4) In accordance with the provisions of Article 31 of this Law, the suspension of practice activities expired, the re-examination is still unqualified;
(5) Suspension of the physician's practice for two years;
(6) the State Council's administrative department of health provisions of the inadvisability of engaging in the business of medical treatment, prevention and health care of other circumstances.
Where the party whose registration has been canceled has any objection, it may, within fifteen days from the date of receipt of the notice of cancellation of registration, apply for reconsideration or file a lawsuit with the people's court in accordance with the law.
Article 17 A physician who changes his place of practice, type of practice, scope of practice and other registered matters shall go to the administrative department of health that granted him registration to go through the registration procedures for the change in accordance with the provisions of Article 13 of this Law.
Article 18 The suspension of the practice of medicine for more than two years and the disappearance of the circumstances provided for in Article 15 of this Law, apply for re-entry into 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 A licensed physician who applies for individual practice of medicine shall be registered to practice in a medical, preventive or health care institution for five years and shall go through the approval procedures in accordance with the relevant provisions of the State; without such approval, he shall not practice medicine.
The health administrative departments of the local people's governments at or above the county level on the individual practice of medicine, shall, in accordance with the provisions of the State Council administrative department of health, regular supervision and inspection, where found in 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 The health administrative department of the local people's government at or above the county level shall grant registration and deregistration of the list of persons shall be announced, and the provincial people's government health administrative department shall summarize and report to 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 his registered practice, to conduct medical diagnosis and examination, disease investigation, medical treatment, issue appropriate medical documents, and select reasonable medical, preventive and health care programs;
(2) to obtain, in accordance with standards prescribed by the health administrative department of the State Council, the same rights as those of his own practice;
(3) to obtain, in accordance with standards prescribed by the health administrative department of the State Council, the same rights as those of his own practice. standards, to obtain the basic conditions of medical equipment equivalent to one's practicing activities;
(3) to engage in medical research, academic exchanges, and to participate in professional academic societies;
(4) to participate in professional training, and to receive continuing medical education;
(5) to be free from infringement of the dignity of the human person, and the security of the person, in the course of one's practicing activities;
(6) to obtain salary compensation and allowances, enjoy the welfare benefits stipulated by the state;
(vii) to put forward opinions and suggestions on the medical, preventive and health care work of the institution and the work of the health administration department, and to participate in the democratic management of the institution in accordance with the law.
Article 22 Physicians shall fulfill the following obligations in their practice:
(1) to abide by the laws and regulations, and to comply with the standards of technical operation;
(2) to establish a spirit of dedication, to abide by the professional ethics, to fulfill the duties of the physician, and to do their best to serve the patients;
(3) to care for, to love, and to respect the patients, and to protect the privacy of the patients;
(d) strive to study the business, update knowledge, and improve professional and technical skills;
(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 medical instruments, and may not conceal, falsify or destroy the medical documents and related information.
Doctors shall not issue medical documents that are not related to their scope of practice or inconsistent 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.
Except for legitimate diagnosis and treatment, narcotic drugs, toxic drugs for medical use, psychotropic drugs and radioactive drugs may not be used.
Article 26 A physician shall truthfully introduce the patient's condition to the patient or his/her family, but shall take care to avoid adverse consequences to the patient.
The physician shall conduct experimental clinical medical treatment, shall be approved by the hospital and obtain the consent of the patient or his 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 emergencies that pose a serious threat to people's lives and health, the physician shall be subordinate to the people's governments at or above the county level of the health administrative department of the deployment.
Article 29 of the physician in the event of medical accidents or infectious disease outbreaks, shall, in accordance with the relevant provisions of the timely report to the institution or the administrative department of health.
Physicians shall report to the relevant departments in accordance with the relevant provisions when they find patients suspected of injuries or unnatural deaths.
Article 30 The 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.
Licensed physician assistants working in medical, preventive and health-care institutions in townships, ethnic townships and townships may engage in general practice independently in accordance with the circumstances and needs of medical consultation and treatment.
Chapter IV Appraisal and Training
Article 31 An institution or organization entrusted by the health administrative department of the people's government at or above the county level shall, in accordance with the standards for the practice of medicine, carry out a regular appraisal of the physician's level of practice, work performance and professional moral status.
The results of the assessment of physicians, the assessment organization shall report to the administrative department of health granted 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 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; failed assessment, by the people's governments at or above the county level, the administrative department of health cancellation of registration, withdrawal 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 work of physician examination.
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, medical ethics, outstanding deeds;
(2) significant breakthroughs in medical expertise and technology, and has made notable contributions;
(3) In the event of a natural disaster, an epidemic of infectious diseases, In the event of natural disasters, epidemics of infectious diseases, sudden major casualties and other serious threat to people's lives and health emergencies, saving lives, rescue and treatment of outstanding performance;
(4) long-term in remote poverty-stricken areas, ethnic minority areas, the conditions of the grass-roots level of hard work;
(5) the State Council administrative department of health shall be recognized or rewarded for the 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, and conduct various forms of training for physicians, 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.
The people's governments at or above the county level health administrative department entrusted with 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.
Chapter V Legal Liability
Article 36 of the improper means to obtain a medical practitioner's license shall be revoked by the administrative department of health to issue the certificate; bear direct responsibility for the supervisory personnel and other personnel directly responsible for, shall be given administrative sanctions.
Article 37 A physician who, in the course of his practice, violates the provisions of this Law by committing any of the following acts shall be warned or ordered by the administrative department of health of the people's government at or above the county level to suspend his practice for a period of six months or more than one year or less; if the circumstances are serious, his certificate of practice shall be revoked; if a crime is constituted, he shall be held criminally liable in accordance with the law:
(1) Violation of the rules and regulations of the administrative system of health or the technical and operational norms, resulting in serious consequences. (A) violation of health administrative rules and regulations or technical specifications, resulting in serious consequences;
(B) due to irresponsible delays in the rescue and treatment of patients with acute illnesses, resulting in serious consequences;
(C) resulting in medical liability accidents;
(D) without personal diagnosis and investigation, signing diagnosis, treatment, epidemiology and other documents or documents relating to birth, death and other certificates;
(E) concealment, falsification or unauthorized destruction of medical documents and related information;
(F) the use of unapproved drugs, disinfectants and medical equipment;
(G) not in accordance with the provisions of the use of narcotic drugs, medical toxic drugs, psychotropic drugs and radiopharmaceuticals;
(H) without the consent of the patient or his or her family members, the patient experimental (ix) Disclosure of patients' privacy, resulting in serious consequences;
(x) Use of official position, solicitation, illegal acceptance of patients' belongings or other improper interests;
(xi) In the event of natural disasters, epidemics of infectious diseases, major accidents and other emergencies that pose a serious threat to the life and health of the people, disobedience to the dispatch of the administrative department of health;
(i) Failure to follow the instructions of the administrative department of health; and Administrative departments to dispatch;
(xii) the occurrence of medical accidents or the discovery of infectious disease outbreaks, patients suspected of injury events or unnatural deaths, not in accordance with the provisions of the report.
Article 38 A physician who causes an accident in medical, preventive or health care work shall be dealt with in accordance with the law or relevant state regulations.
Article 39 unauthorized opening of medical institutions or non-physician practice of medicine, by the people's governments at or above the county level of the administrative department of health shall be banned, confiscate its illegal income and its drugs, equipment, and impose a fine of less than 100,000 yuan; the physician revocation of its license; to the patient causing damage, shall bear the responsibility for compensation; constitutes a crime, shall be investigated for criminal responsibility.
Article 40 obstructs a physician practicing law, insults, slanders, threatens, beats a physician or infringes on the physician's personal freedom, interferes with the physician's normal work and life, shall be punished in accordance with the provisions of the regulations on punishment for public security administration; constitutes a crime, shall be investigated for criminal responsibility.
Article 41 If a medical, preventive or health-care institution fails to fulfill its reporting duties in accordance with the provisions of Article 16 of this Law, resulting in serious consequences, the health administrative department of the people's government at or above the county level shall give a warning; and the administrative person in charge of the institution shall be subject to administrative sanctions in accordance with the law.
Article 42 Where a staff member of the administrative department of health or a staff member of a medical, preventive or health care institution violates the relevant provisions of this Law by falsification, negligence, abuse of power, favoritism or malpractice, and where such violation does not constitute a crime, he or she shall be given an administrative sanction in accordance with law; and where such violation constitutes a crime, he or she shall be held criminally liable in accordance with law.
Chapter VI Supplementary Provisions
Article 43 Persons who have obtained medical professional and technical titles and medical professional and technical positions in accordance with the relevant provisions of the State prior to the date of promulgation of this Law shall be reported by their institutions to the health administrative departments of the people's governments at or above the county level for recognition
and shall be qualified to obtain the corresponding qualifications of physicians. Among them in medical, preventive, health care institutions engaged in medical, preventive, health care business of medical personnel, in accordance with the conditions set forth in this Law, by the institution collectively reported to the people's government at or above the county level of the health
Sanitation administrative department, to be registered and issued to the physician's certificate of practice. Specific measures by the State Council administrative department of health, in conjunction with the State Council administrative department of personnel development.
Article 44 This Law shall apply to physicians in family planning technical service organizations.
Article 45 Rural physicians who provide preventive, health care and general medical services to villagers in rural medical and health institutions may obtain the qualification of practicing physician or the qualification of practicing assistant physician according to law if they conform to the relevant provisions of this Law; the State Council shall formulate separate administrative measures for rural physicians who do not have the qualification of practicing physician or the qualification of practicing assistant physician as stipulated in this Law.
Article 46 Measures for the implementation of this Law by military physicians shall be formulated by the State Council and the Central Military Commission in accordance with the principles of this Law.
Article 47 Foreigners applying for physician examination, registration, practice or engaging in clinical demonstration, clinical research and other activities within the territory of China shall be handled in accordance with the relevant provisions of the State.
Article 48 This Law shall come into force on May 1, 1999, as of the same date.