In order to strengthen the construction of doctors, improve doctors' professional ethics and professional quality, and ensure the legitimacy of doctors.
Rights and interests, protect people's health, this law is formulated.
second
Obtaining the qualification of medical practitioner or assistant medical practitioner according to law, and registering in medical treatment, prevention and health care machine.
This Law is applicable to medical professionals practicing in China.
Doctors mentioned in this Law include practicing doctors and assistant practicing doctors.
essay
Doctors should have good professional ethics and medical practice level, carry forward the humanitarian spirit and perform the duties of disease prevention.
The sacred duty of saving lives and protecting people's health.
The whole society should respect doctors. Doctors perform their duties according to law and are protected by law.
Article 4
The administrative department of health in the State Council is in charge of the work of doctors throughout the country.
The administrative department of health of the local people's governments at or above the county level shall be responsible for the management of the work of doctors within their respective administrative areas.
Article 5
The state rewards doctors who have made contributions to medical treatment, prevention and health care.
Article 6
The evaluation and appointment of doctors' medical professional titles and medical professional technical positions shall be carried out in accordance with relevant state regulations.
Deal with it.
Article 7
Doctors can organize and join doctors' associations according to law. Article 8
The state implements the examination system for doctors' qualifications. The doctor qualification examination is divided into the practicing doctor qualification examination and the practicing assistant examination.
Doctor qualification examination.
The unified examination method for doctor qualification shall be formulated by the administrative department of health of the State Council. Physician qualification examination by the people at or above the provincial level
The health administrative department of the government organizes the implementation.
Article 9
Have one of the following conditions, you can participate in the qualification examination of medical practitioners:
(1) Having a bachelor's degree or above in medicine in an institution of higher learning, and engaging in medical treatment, prevention and health care under the guidance of medical practitioners.
Having worked in an institution for a probation period of one year;
(2) Having obtained the practicing certificate of practicing assistant physician, having a medical college degree in an institution of higher learning and having engaged in medical treatment, prevention and insurance.
Having worked in a health institution for two years; He has a medical degree from a secondary specialized school and works in medical, preventive and health care institutions.
Five years old.
Article 10
Have a medical college degree or a medical professional degree from a secondary specialized school, and complete it under the guidance of a licensed doctor.
Next, people who have completed the one-year probation period in medical, preventive and health care institutions can take the qualification examination for practicing assistant doctors.
Article 11
Studying traditional medicine for three years or practicing medicine for many years, and approved by the county.
Traditional medical professional organizations or medical, preventive and health care institutions determined by the health administrative department of the people's government have the conditions to be promoted.
Recommended, you can take the qualification examination for practicing doctors or assistant practicing doctors. The contents and methods of the examination are determined by the State Council Health Bank.
The administrative department shall formulate it separately.
Article 12
Qualified in the doctor qualification examination, and obtained the qualification of practicing doctor or practicing assistant doctor.
Article 13
The state implements the registration system for medical practitioners.
A person who has obtained the qualification of a doctor may apply to the health administrative department of the local people's government at or above the county level for registration.
Except under the circumstances stipulated in Article 15 of this Law, the health administrative department that accepts the application shall, within 30 days from the date of receiving the application.
The registration shall be granted within days, and a doctor's practice certificate uniformly printed by the health administrative department of the State Council shall be issued.
Medical, preventive and health care institutions can collectively handle the registration procedures of their own doctors.
Article 14
After registration, doctors can practice in medical, preventive and health care institutions according to the registered practice place and practice mode.
Category and scope of practice, engaged in the corresponding medical treatment, prevention and health care business.
Persons who have not obtained the registered practicing certificate of doctors shall not engage in the practicing activities of doctors.
Article 15
In any of the following circumstances, registration shall not be granted:
(a) does not have full capacity for civil conduct;
(two) due to criminal punishment, less than two years from the date of completion of the punishment to the date of application for registration;
(3) It has been less than two years since the decision of punishment to apply for registration due to the administrative punishment of revoking the practicing certificate of doctors;
(four) there are other circumstances stipulated by the administrative department of health of the State Council that are not suitable for medical treatment, prevention and health care.
The health administrative department that accepts the application shall not register those who do not meet the requirements, and shall make a written explanation within 30 days from the date of accepting the application.
Inform the applicant in person and explain the reasons. If the applicant has any objection, he may file an application according to law within fifteen days from the date of receiving the notice.
Reconsideration or bring a lawsuit to the people's court.
Article 16
Under any of the following circumstances after registration, the medical, preventive and health care institution where the doctor is located shall be at thirty.
The health administrative department that reported the approval and registration within days shall cancel the registration and recover the doctor's practice certificate:
(a) Dead or declared missing;
(2) Being subject to criminal punishment;
(3) Being subject to administrative punishment of revoking the doctor's practice certificate;
(four) after the expiration of the suspension of practice activities in accordance with the provisions of Article 31 of this Law, the re-examination is still unqualified;
(five) to suspend the practice of doctors for two years;
(six) there are other circumstances that are not suitable for medical treatment, prevention and health care as stipulated by the administrative department of health of the State Council.
If the party whose registration has been cancelled disagrees, it may apply for a reply according to law within 15 days from the date of receiving the notice of cancellation of registration.
Discuss or bring a lawsuit to the people's court.
Article 17
If a doctor changes the registered items such as practice place, practice category and practice scope, he shall be granted registration.
The administrative department of public health shall go through the formalities of change registration in accordance with the provisions of Article 13 of this Law.
Article 18
If a doctor has been suspended from practicing medicine for more than two years and the circumstances specified in Article 15 of this Law disappear, he shall apply for re-registration.
Employees shall pass the examination by the institutions specified in Article 31 of this Law and re-register in accordance with the provisions of Article 13 of this Law.
Article 19
A medical practitioner who applies for individual medical practice must practice in medical, preventive and health care institutions for five years after registration.
Years, and in accordance with the relevant provisions of the state for examination and approval procedures; No one is allowed to practice medicine without approval.
The health administrative department of the local people's government at or above the county level shall, in accordance with the provisions of the health administrative department of the State Council, treat individual doctors.
Provisions on Regular Supervision and Inspection In case of any circumstance specified in Article 16 of this Law, the registration shall be cancelled in time and the doctor shall be withdrawn.
Teacher's practice certificate.
Article 20
The health administrative department of the local people's government at or above the county level shall list the persons who have been granted registration and cancelled registration.
Published and summarized by the health administrative department of the provincial people's government, and reported to the health administrative department of the State Council for the record. Article 21 Doctors shall enjoy the following rights in their practice:
(1) Conducting medical examination, disease investigation and medical treatment within the registered scope of practice and issuing corresponding medical certificates.
Ming documents, choose reasonable medical treatment, prevention and health care programs;
(two) in accordance with the standards prescribed by the administrative department of health of the State Council, to obtain basic medical equipment equivalent to my professional activities.
Conditions;
(three) engaged in medical research, academic exchanges, to participate in professional academic groups;
(four) to participate in professional training and receive continuing medical education;
(five) in practice, personal dignity and personal safety are inviolable;
(six) to receive wages and allowances and enjoy the welfare benefits prescribed by the state;
(seven) to put forward opinions and suggestions on the medical treatment, prevention and health care work of this institution and the work of the administrative department of health, in accordance with the
Democratic management of legal participation institutions.
Article 22 Doctors shall perform the following obligations in their practice:
(1) Abide by laws and regulations, and abide by technical operation specifications;
(two) to establish professionalism, abide by professional ethics, perform the duties of doctors, and serve patients with due diligence;
(3) Caring for, caring for and respecting patients and protecting their privacy;
(four) study hard, update knowledge, improve the professional and technical level;
(five) publicity of health care knowledge, health education for patients.
Twenty-third doctors to implement medical, preventive and health care measures, signed the relevant medical documents, must personally check.
Investigation, and fill in medical documents in a timely manner in accordance with the provisions, and shall not conceal, forge or destroy medical documents and related materials.
Doctors shall not issue medical certificates that are irrelevant to their scope of practice or inconsistent with their categories of practice.
Article 24 Doctors should take emergency measures to diagnose and treat critically ill patients. Don't refuse first aid.
Twenty-fifth doctors should use drugs, disinfectants and medical devices approved by the relevant state departments.
Except for proper diagnosis and treatment, narcotic drugs, toxic drugs for medical use, psychotropic drugs and radioactive drugs shall not be used.
Twenty-sixth doctors should truthfully introduce the illness to patients or their families, but should pay attention to avoid adverse effects on patients.
result
Doctors carrying out experimental clinical medical treatment shall obtain the consent of the hospital and the consent of the patients themselves or their families.
Twenty-seventh doctors shall not take advantage of their positions to ask for or illegally accept patients' property or seek other illegitimate interests.
Benefit.
Twenty-eighth in case of natural disasters, infectious diseases, sudden heavy casualties and other serious threats to people's lives and safety.
In case of health emergency, doctors should obey the assignment of the health administrative department of the people's government at or above the county level.
Twenty-ninth doctors in the event of a medical accident or the discovery of an epidemic of infectious diseases, they should report to their units in a timely manner in accordance with relevant regulations.
Agency or health administrative department report.
When a doctor discovers a patient's suspected injury or abnormal death, he shall report to the relevant department in accordance with relevant regulations.
Thirtieth assistant medical practitioners should be under the guidance of medical practitioners, in medical, preventive and health care institutions in accordance with its
Practice category exercises.
Medical assistant doctors who work in medical, preventive and health care institutions in townships, nationality townships and towns may make medical diagnosis and treatment as needed.
Situation and needs, independently engaged in general medical activities. Article 31 Institutions or organizations entrusted by the administrative department of health of the people's governments at or above the county level shall practise as doctors.
Standard, regular assessment of doctors' professional level, work performance and professional ethics.
The examination results of doctors shall be reported to the health administrative department that has granted registration for the record.
The health administrative department of the people's government at or above the county level may order doctors who fail the examination to suspend their practice for three months.
To six months, and receive training and continuing medical education. After the expiration of the suspension of practice activities, the examination will be conducted again, and those who pass the examination.
Allow him to continue practicing; If the examination fails, the health administrative department of the people's government at or above the county level shall cancel the registration and recover the medical treatment.
Teacher's practice certificate.
Article 32 The health administrative department of the people's government at or above the county level shall be responsible for guiding, inspecting and supervising the examination of doctors.
Thirty-third doctors in any of the following circumstances, the health administrative department of the people's government at or above the county level shall commend or
Reward:
(a) in the practice activities, the medical ethics are noble and the deeds are outstanding;
(2) Having made a major breakthrough in medical technology and made a significant contribution;
(three) in case of natural disasters, epidemic diseases, sudden heavy casualties and other serious threats to people's lives and health.
In case of emergency, rescuing the wounded and rescuing the dying, giving rescue, with outstanding performance;
(4) Working hard in grassroots units in remote and poor areas and ethnic minority areas for a long time;
(five) other circumstances stipulated by the administrative department of health of the State Council that should be commended or rewarded.
Article 34 The administrative department of health of the people's government at or above the county level shall formulate a doctor training plan, provide various forms of training for doctors, and provide conditions for doctors to receive continuing medical education.
The health administrative department of the people's government at or above the county level shall take effective measures to train medical personnel engaged in medical treatment, prevention and health care in rural areas and ethnic minority areas.
Thirty-fifth medical, preventive and health care institutions shall ensure the training and continuing medical education of their own doctors in accordance with the regulations and plans.
The medical and health institutions entrusted by the health administrative department of the people's government at or above the county level to undertake the examination of doctors shall provide and create conditions for the training of doctors and continuing medical education. Article 36 A doctor's practice certificate obtained by improper means shall be revoked by the health administrative department that issued the certificate.
; The directly responsible person in charge and other responsible personnel shall be given administrative sanctions according to law.
Thirty-seventh doctors in violation of the provisions of this law, one of the following acts, by the people at or above the county level.
The health administrative department of the government gives a warning or orders it to suspend its practice for more than six months and less than one year; If the circumstances are serious, it shall be revoked.
Its practice certificate; If the case constitutes a crime, criminal responsibility shall be investigated according to law:
(a) violation of health administrative rules and regulations or technical operation norms, resulting in serious consequences;
(two) due to irresponsible delay in the rescue and diagnosis and treatment of critically ill patients, resulting in serious consequences;
(3) Causing a medical accident;
(4) signing documents on diagnosis, treatment, epidemiology or birth and death without personal examination and investigation.
Death and other supporting documents;
(5) Concealing, forging or destroying medical documents and related materials without authorization;
(six) the use of unapproved drugs, disinfectants and medical devices;
(seven) do not use narcotic drugs, toxic drugs for medical use, psychotropic drugs and radioactive drugs in accordance with the provisions;
(eight) experimental clinical treatment of patients without the consent of patients or their families;
(nine) the disclosure of patient privacy, causing serious consequences;
(10) taking advantage of his position to ask for or illegally accept patients' property or seek other illegitimate interests;
(eleven) the occurrence of natural disasters, infectious diseases, sudden heavy casualties and other events that seriously threaten people's lives and health.
In case of emergency in Kang, disobeying the dispatch of the health administrative department;
(twelve) the occurrence of medical accidents or the discovery of infectious diseases, suspected injuries or abnormal deaths of patients, not according to.
Report as required.
(thirteen) the use of false academic qualifications to defraud the doctor's certificate obtained by the examination.
Thirty-eighth doctors in medical treatment, prevention and health care work caused by accidents, in accordance with the law or the relevant provisions of the state.
Handle.
Thirty-ninth unauthorized establishment of medical institutions or non doctors to practice medicine, by the people's governments at or above the county level.
The administrative department of health shall ban it, confiscate the illegal income, drugs and devices, and impose a fine of100000 yuan; Yes, doctor.
Revoke his practice certificate; If it causes damage to the patient, it shall be liable for compensation according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.
Fortieth whoever obstructs doctors from practicing according to law, insults, slanders, threatens or beats doctors, or infringes on their personal freedom or interferes with their normal work and life shall be punished in accordance with the Law of People's Republic of China (PRC) on Public Security Administration Punishment; If a crime is constituted, criminal responsibility shall be investigated according to law.
Article 41 If medical, preventive and health care institutions fail to perform their 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 given administrative sanctions according to law.
Article 42 Any staff member of the administrative department of public health or medical treatment, prevention and health care institution who violates the relevant provisions of this Law, commits fraud, neglects his duty, abuses his power or engages in malpractices for personal gain, but does not constitute a crime, shall be given administrative sanctions according to law; If a crime is constituted, criminal responsibility shall be investigated according to law. Article 43 Before the promulgation of this Law, persons who have obtained medical professional titles and positions in accordance with the relevant provisions of the state shall be reported by their institutions to the health administrative department of the people's government at or above the county level for confirmation and obtain corresponding medical qualifications. Among them, medical personnel engaged in medical treatment, prevention and health care in medical treatment, prevention and health care institutions shall collectively report to the health administrative department of the people's government at or above the county level by their institutions in accordance with the conditions stipulated in this Law, register and issue a doctor's practice certificate.
The specific measures shall be formulated by the health administrative department of the State Council in conjunction with the personnel administrative department of the State Council.
Article 44 This Law applies to doctors in family planning technical service institutions.
Article 45 Rural doctors who provide villagers with preventive, health care and general medical services in rural medical and health institutions may obtain the qualification of practicing doctors or assistant practicing doctors according to law if they meet the relevant provisions of this Law; Rural doctors who do not have the qualifications of practicing doctors or assistant practicing doctors as stipulated in this Law shall be managed separately by the State Council.
Article 46 Measures for the implementation of this Law by military doctors shall be formulated by the State Council and the Central Military Commission (CMC) in accordance with the principles of this Law.
Forty-seventh overseas personnel who apply for doctor examination, registration, practice or engage in clinical teaching, clinical research and other activities in China shall be handled in accordance with relevant state regulations.
Article 48 This Law shall come into force as of May 2009 1999.