Legal analysis: without authorization to open a medical institution to practice medicine or non-physician practice of medicine, by the people's government at or above the county level health administrative department shall be banned, confiscate its illegal income and its drugs, equipment, and impose a fine of less than 100,000 yuan, on the physician to revoke his certificate of practice. If a crime is constituted, criminal responsibility shall be investigated according to law. Not obtain a doctor's license to practice medicine illegally, the circumstances are serious, shall be sentenced to less than three years of fixed-term imprisonment, detention or control, and or a single fine; serious damage to the health of the patient, shall be sentenced to more than three years to less than ten years of fixed-term imprisonment, and a fine; cause the death of the patient, shall be sentenced to more than ten years of fixed-term imprisonment, and a fine.
Legal Basis: "Measures for Investigation and Prohibition of Unlicensed Businesses"
Article 12 Anyone who engages in unlicensed business shall be punished by the investigating department in accordance with the provisions of relevant laws and regulations.
Article XIII engaged in unlicensed business, by the administration for industry and commerce in accordance with relevant laws and administrative regulations shall be punished. Where the laws and administrative regulations do not specify the penalties for operating without a license, the administrative department for industry and commerce shall order the cessation of the illegal act, confiscate the illegal income and impose a fine of not more than ten thousand yuan.
"The Chinese people*** and the State Practicing Medicine Law" Article 39 without authorization to open 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 the illegal income and its drugs, equipment, and impose a fine of less than 100,000 yuan; on the revocation of the certificate of the practitioner; to the patient causing damage, shall bear the responsibility for compensation; constitutes a crime, shall be investigated for criminal responsibility. The law shall be investigated for criminal responsibility.
Article 336 of the Criminal Law of the People's Republic of China shall be punishable by fixed-term imprisonment of not more than three years, criminal detention or control, and a fine or a single fine for the illegal practice of medicine by a person who has not obtained the qualification to practise medicine and the seriousness of the circumstances, and by fixed-term imprisonment of not less than three years, criminal detention or control, and a fine or a single fine for the serious damage to the health of the person who has sought medical treatment, and by fixed-term imprisonment of not less than three but not more than 10 years and a fine; and by fixed-term imprisonment of not less than 10 years and a fine for causing death of the person who has sought medical treatment. . If a person who has not obtained a license to practice medicine performs without authorization a sterilization operation, a false sterilization operation, a pregnancy termination operation or the removal of an intrauterine device for another person under serious circumstances, he or she shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or control, and shall be punished by a fine in addition to or separately from the fine; if he or she seriously harms the physical health of the person who has consulted the doctor, 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 punished by a fine; if he or she causes the death of the person who has consulted the doctor, he or she shall be sentenced to fixed-term imprisonment of not less than ten years A fine shall also be imposed. Article 336-1 Implantation of gene-edited or cloned human embryos into human beings or animals, or implantation of gene-edited or cloned animal embryos into human beings, where the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall be punished by a fine; where the circumstances are particularly serious, shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years, and shall be punished by a fine.