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中华人民共和国执业医师法 Law of the People's Republic of China on Medical Practitioners

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(Adopted at the 3rd Meeting of the Standing Committee of the Ninth National People's Congress on June 26, 1998 and promulgated by Order No. 5 of the President of the People's Republic of China on June 26, 1998)
颁布日期:19980626  实施日期:19990501  颁布单位:全国人大常委会

  Contents

  Chapter I General Provisions

  Chapter II Examination and Registration

  Chapter III Practising Rules

  Chapter IV Evaluation and Training

  Chapter V Legal Liability

  Chapter VI Supplementary Provisions

  Chapter I General Provisions

  Article 1 This Law is enacted for the purpose of strengthening a contingent of doctors, improving occupational morals and professional skills of doctors, safeguarding legitimate rights and interests of doctors, and protecting the people's health.

  Article 2 This Law is applicable to professional medical workers who are qualified as medical practitioners or assistant medical practitioners according to law and registered to practise medicine in institutions of medical treatment, prevention or health care.

  "Doctors" referred to in this Law include medical practitioners and assistant medical practitioners.

  Article 3 Doctors should possess good occupational morals and professional medical knowledge, practise humanitarianism, and perform the sacred duties of preventing and treating diseases, healing the wounded and rescuing the dying and protecting the people's health.

  The whole society should respect doctors. Doctors are protected by law in performing duties according to law.

  Article 4 The administrative department of health under the State Council shall be responsible for the work for doctors throughout the country.

  Administrative departments of health under local people's governments at or above the county level shall be responsible for the work for doctors within their respective administrative regions.

  Article 5 The state rewards doctors who have made contributions to medical treatment, prevention of diseases and health care.

  Article 6 Medical professional and technical titles of doctors and the appraisal and appointment of medical professional and technical posts for doctors shall be handled according to relevant state provisions.

  Article 7 Doctors may organize and join the doctors' association according to law.

  Chapter II Examination and Registration

  Article 8 The state practises an examination system for the qualifications of doctors. The examination for the qualifications of doctors shall be composed of the examination for the qualifications of medical practitioners and the examination for the qualifications of assistant medical practitioners.

  Measures for the unified examination for the qualifications of doctors shall be worked out by the administrative department of health under the State Council. The examination for the qualifications of doctors shall be organized by administrative departments of health under people's governments at or above the provincial level.

  Article 9 Anyone who satisfies any of the following conditions may participate in the examination for the qualifications of medical practitioners:

  (1) Anyone who has received at least regular medical college education in an institution of higher learning, and has, under the supervision of a medical practitioner, served at least one year on probation in an institution of medical treatment, prevention or health care; or

  (2) On the strength of the practising certificate of assistant medical practitioners, anyone who has received junior college medical training in an institution of higher learning and has served at least two years in an institution of medical treatment, prevention or health care; or has received medical training in a secondary training school and has served at least five years in an institution of medical treatment, prevention or health care.

  Article 10 Anyone who has received junior college medical training in an institution of higher learning or received medical training in a secondary training school and has, under the supervision of a medical practitioner, served at least one year on probation in an institution of medical treatment, prevention or health care, may participate in the examination for the qualifications of assistant medical practitioners.

  Article 11 Anyone who has studied traditional medicine under a teacher for at least three years or has really acquired specialized knowledge of medicine in his many years' career, if he is recommended upon examination by an organization of traditional medicine profession or an institution of medical treatment, prevention or health care which shall be designated by the administrative department of health under the people's government at or above the county level, may participate in the examination for the qualifications of medical practitioners or the examination for the qualifications of assistant medical practitioners. The examination contents and form shall be separately fixed by the administrative department of health under the State Council.

  Article 12 Examinees who pass the examination for the qualifications of doctors shall be awarded the qualifications of medical practitioners or assistant medical practitioners.

  Article 13 The state practises a registration system for doctors to practise medicine.

  Anyone who has been awarded the qualifications as a doctor may apply to the administrative department of health under the local people's government at or above the county level for registration.

  Except under the circumstances prescribed in Article 15 of this Law, the administrative department of health accepting the application should grant registration within 30 days from the date of receiving the application and issue the practising certificate of doctors uniformly printed by the administrative department of health under the State Council.

  Institutions of medical treatment, prevention or health care may go through registration procedures for all of their own doctors.

  Article 14 Doctors may, upon registration, work in institutions of medical treatment, prevention or health care according to the registered place, category and scope of business to engage in relevant services of medical treatment, prevention or health care.

  Anyone who fails to be registered as a doctor and obtain the practising certificate shall not practise medicine.

  Article 15 Under any of the following circumstances, registration shall not be granted:

  (1) where a person has not full capacity for civil conduct;

  (2) where, for a person having been sentenced to criminal punishment, it is not more than two years from the date of the end of the punishment to the date of applying for registration;

  (3) where, for a person having been imposed administrative punishment by which his practising certificate of doctors was revoked, it is not more than two years from the date of the decision on the punishment to the date of applying for registration; or

  (4) where other circumstances unsuitable for services of medical treatment, prevention or health care exist as prescribed by the administrative department of health under the State Council.

  If registration is not granted to the applicant who fails to satisfy the conditions, the administrative department of health accepting the application should notify the applicant in writing within 30 days from the date of receiving the application and explain the reasons for this decision. Any applicant who has an objection to this decision may apply for reconsideration or bring a lawsuit before a people's court according to law within 15 days from the date of receiving the notice.

  Article 16 Under any of the following circumstances, the institution of medical treatment, prevention or health care to which a doctor obtaining registration belongs should, within 30 days, report the circumstance to the administrative department of health granting the registration. The administrative department of health should cancel the registration and withdraw the practising certificate of doctors.

  (1) where the doctor dies or is declared as missing;

  (2) where the doctor is sentenced to criminal punishment;

  (3) where the doctor is imposed administrative punishment by which his practising certificate of doctors is revoked;

  (4) where the doctor fails again in a new evaluation upon expiration of the period of time during which his practice is suspended according to the provisions of Article 31 of this Law;

  (5) where the doctor has ceased his practice for at least two years; or

  (6) under other circumstances unsuitable for services of medical treatment, prevention and health care as prescribed by the administrative department of health under the State Council.

  The person who has an objection to the cancellation of his registration may apply for reconsideration or bring a lawsuit before a people's court within 15 days from the date of receiving the notice of the cancellation of registration.

  Article 17 Any doctor who intends to change his registration of the place, category or scope of business should go through the procedure for the change of registration at the administrative department of health granting the registration according to the provisions of Article 13 of this Law.

  Article 18 Where anyone has ceased his practice of medicine for more than two years or the circumstance prescribed in Article 15 of this Law has disappeared, if he intends to apply for resumption of his practice, he should succeed in the evaluation by the institution prescribed in Article 31 of this Law and renew his registration according to the provisions of Article 13 of this Law.

  Article 19 Any medical practitioner who intends to apply for opening his practice individually must, upon registration, practise medicine in an institution of medical treatment, prevention or health care for at least five years and go through examination and approval procedures according to relevant state provisions; without approval, no one may open his practice.

  Administrative departments of health under local people's governments at or above the county level should make supervisions and inspections of individual doctors at regular intervals as required by the administrative department of health under the State Council and should cancel registration in time and withdraw the practising certificates of doctors upon discovery of the circumstances prescribed in Article 16 of this Law.

  Article 20 Administrative departments of health under local people's governments at or above the county level should announce to the public the name lists of persons whose registration has been granted or cancelled. Administrative departments of health under provincial people's governments should collect these lists and report the combined lists to the administrative department of health under the State Council for the record.

  Chapter III Practising Rules

  Article 21 A doctor enjoys the following rights in practising medicine:

  (1) within the registered scope of business, making medical diagnosis, diseases examination and medical prescription, providing the relevant medical certifications and selecting reasonable plans for medical treatment, prevention or health care;

  (2) obtaining medical instruments and necessary conditions commensurate with his practice of medicine according to the standards set by the administrative department of health under the State Council;

  (3) engaging in medical research and academic exchanges and joining professional learned societies;

  (4) participating in professional training and receiving continued medical education;

  (5) protecting the personal dignity and the personal security from encroachment in practising medicine;

  (6) earning wages, remuneration and subsidies and enjoying the welfare set by the state; and

  (7) putting forward opinions and proposals for the work of his own institution of medical treatment, prevention or health care and the work of the administrative department of health and participating in the democratic management of his own institution according to law.

  Article 22 A doctor shall perform the following obligations in practising medicine:

  (1) observing laws and regulations and following the technical and operating rules;

  (2) cultivating the sense of responsibility in the work, following professional disciplines, performing a doctor's duties and serving patients conscientiously;

  (3) caring for, loving and respecting patients and guarding patients' privacy;

  (4) endeavouring to gain professional proficiency, updating knowledge and increasing professional and technical competence; and

  (5) disseminating hygienic and health care knowledge and instructing patients in health care.

  Article 23 Doctors adopting measures of medical treatment, prevention or health care or signing the relevant medical certificates must make diagnosis and examination in person and work out medical documents in time according to provisions, and shall not conceal, forge or destroy medical documents and relevant materials.

  Doctors shall not work out medical documents irrelevant to their own scopes of business or not consistent with their own categories of business.

  Article 24 Doctors should adopt emergency measures to examine and treat patients who are suffering from acute diseases or dangerously ill and shall not refuse to give emergency treatment.

  Article 25 Doctors should use medicines, disinfectants and medical instruments the use of which has been approved by the relevant departments of the state.

  Narcotics, toxic drugs for medical use, psychotropic substances and radioactive drugs shall not be used except for proper diagnosis and treatment.

  Article 26 Doctors should truthfully explain the patients' conditions to the patients and their family members provided that attention is paid to avoid an adverse effect on the patients.

  Doctors should obtain the approval of the hospitals and the consent of the patients themselves or their family members for experimental clinic treatment.

  Article 27 Doctors shall not take advantage of their positions to extort or illegally accept the patients' property or seek other illegitimate gains.

  Article 28 In the event of a natural disaster, the spreading of an infectious disease, an unexpected heavy casualty or other emergencies seriously threatening the people's lives and health, doctors should accept assignments by order of the administrative department of health under the people's government at or above the county level.

  Article 29 Doctors causing an accident in medical treatment or discovering the epidemic situation of infectious diseases should timely report the case to their own institutions or to the administrative department of health according to relevant provisions.

  Doctors discovering suspected involvement of their patients in a case of injury or discovering an unnatural death of their patients should report the case to the competent authorities according to relevant provisions.

  Article 30 Assistant medical practitioners should, under the supervision of medical practitioners, practise medicine according to the categories of business in institutions of medical treatment, prevention or health care.

  Assistant medical practitioners who work in institutions of medical treatment, prevention or health care of townships, nationality townships or towns may, in the light of the conditions and needs of medical treatment, engage in general practice of medicine on their own.

  Chapter IV Evaluation and Training

  Article 31 Institutions or organizations entrusted by the administrative department of health under the people's government at or above the county level should make evaluation of doctors at regular intervals in respect of their professional skills, achievements in work and occupational morals in accordance with practising standards of doctors.

  Evaluation institutions should report evaluation results of doctors to the administrative department of health granting registration for the record.

  The administrative department of health under the people's government at or above the county level may order doctors who fail in evaluation to suspend their practice of medicine for three to six months and to accept training and continued medical education. Up expiration of the period of time for the suspending of practice, a new evaluation shall be made. Those who succeed in the new evaluation shall be permitted to resume their practice of medicine. If anyone fails in the evaluation, the administrative department of health under the people's government at or above the county level shall cancel his registration and withdraw his practising certificate of doctors.

  Article 32 The administrative department of health under the people's government at or above the county level shall be responsible for guiding, inspecting and supervising evaluation of doctors.

  Article 33 Under any of the following circumstances, the administrative department of health under the people's government at or above the county level should commend or give awards to the doctors.

  (1) where a doctor shows noble character and has made outstanding achievements in his practice of medicine;

  (2) where a doctor has made an important breakout in medical professional skills and thereby made remarkable contributions;

  (3) where a doctor has behaved exceedingly well to heal the wounded and rescue the dying, make diagnosis and give emergency treatment at the time of the occurrence of a natural disaster, the spreading of an infectious disease, the occurrence of an unexpected heavy casualty or other emergencies seriously threatening the people's lives and health;

  (4) where a doctor has worked hard for a long time in a grass-roots unit with poor conditions of a remote and impoverished region or a minority nationality region; or

  (5) under other circumstances where commendation or awards should be given as prescribed by the administrative department of health under the State Council.

  Article 34 The administrative department of health under the people's government at or above the county level should work out plans for training of doctors, train doctors in various forms and provide conditions for doctors to receive continued medical education.

  The administrative department of health under the people's government at or above the county level should adopt effective measures to train medical workers who are engaged in services of medical treatment, prevention or health care in rural areas and minority nationality regions.

  Article 35 Institutions of medical treatment, prevention or health care should guarantee training and continued medical education of their own doctors according to provisions and planning.

  Medical and health institutions entrusted by the administrative department of health under the people's government at or above the county level to undertake the evaluation of doctors should provide and create conditions for training and continued medical education of doctors.

  Chapter V Legal Liability

  Article 36 If anyone obtains the practising certificate for doctors by unjustified means, the administrative department of health issuing the practising certificate shall revoke the practising certificate. The person in charge directly responsible and other persons directly responsible shall be imposed disciplinary sanctions according to law.

  Article 37 If any doctor commits any of the following acts in practice of medicine in violation of the provisions of this Law, the administrative department of health under the people's government at or above the county level shall give him a warning or order him to suspend his practice of medicine for not less than six months and not more than one year. If the circumstances are serious, the practising certificate shall be revoked. If a crime has been constituted, criminal liability shall be investigated according to law.

  (1) violating administrative regulations and rules of health or technical and operating rules and thereby causing severe consequences;

  (2) due to negligence of duty, delaying diagnosis and emergency treatment of a patient who is suffering from an acutedisease or dangerously ill and thereby causing severe consequences;

  (3) causing an accident in medical treatment;

  (4) without diagnosis and examination personally, signing certifications of diagnosis, medical treatment and epidemiology or certifications regarding birth or death;

  (5) concealing, forging or destroying without authorization medical documents and other relevant materials;

  (6) using medicines, disinfectants and medical instruments the use of which has not been approved;

  (7) in violation of provisions, using narcotics, toxic drugs for medical use, psychotropic substances and radioactive drugs;

  (8) without the consent of a patient or his family members, giving experimental clinic treatment to the patient;

  (9) divulging the privacy of a patient and thereby causing severe consequences;

  (10) taking advantage of the position to illegally accept patients' property or seek other illegitimate gains;

  (11) refusing to accept assignments by the administrative department of health at the time of the occurrence of a natural disaster, the spreading of an infectious disease, the occurrence of an unexpected heavy casualty or other emergencies seriously threatening the people's lives and health; or

  (12) failing to report to the competent authorities according to provisions when causing an accident in medical treatment or discovering the epidemic situation of infectious diseases, suspected involvement of a patient in a case of injury or an unnatural death of a patient.

  Article 38 Doctors causing accidents in medical treatment, prevention or health care shall be handled according to law or relevant state provisions.

  Article 39 Establishing a medical institution for practice of medicine without approval or opening practice of medicine by an unqualified doctor shall be banned by the administrative department of health under the people's government at or above the county level; the illegal gains and medicines and instruments involved in the case shall be confiscated, a fine of not more than RMB 100,000 yuan imposed and, if there is any doctor involved, the practising certificate of doctors revoked; if harm occurs to the patient, the person who causes the harm shall bear the responsibility of compensation according to law; if a crime has been constituted, criminal liability shall be investigated according to law.

  Article 40 Anyone who obstructs a doctor from his legal practice of medicine, insults, slanders, threats or strikes a doctor, or encroaches on the personal freedom of a doctor, or interferes in normal work and life of a doctor shall be penalized according to the provisions of the Regulations on Administrative Penalties for Public Security; if a crime has been constituted, criminal liability shall be investigated according to law.

  Article 41 If any institution of medical treatment, prevention or health care fails to perform its duty of reporting according to the provisions of Article 16 of this Law and thereby causes severe consequences, the administrative department of health under the people's government at or above the county level shall give it a warning and impose disciplinary sanctions upon the person in charge of this institution according to law.

  Article 42 Personnel of the administrative department of health or of any institution of medical treatment, prevention or health care who, in violation of relevant provisions of this Law, practise fraud, neglect duties, abuse powers or engage in malpractice for their personal gains, if the act has not constituted a crime, shall be imposed disciplinary sanctions according to law; if the act has constituted a crime, the offender shall be investigated for criminal liability according to law.

  Chapter VI Supplementary Provisions

  Article 43 With respect to those who obtained technical titles and technical posts in medicine according to relevant state provisions before the date of promulgation of this Law, the institutions to which they belong shall report the case to the administrative department of health under the people's government at or above the county level for ratification and then the qualifications as doctors shall be granted respectively to them. If they are medical workers engaging in services of medical treatment, prevention or health care in institutions of medical treatment, prevention or health care, the institutions to which they belong shall report the case as a whole upon rectification to the administrative department of health under the people's government at or above the county level and registration shall be granted and the practising certificates of doctors shall be issued to them in line with the conditions as prescribed in this Law . Detailed measures shall be worked out by the administrative department of health under the State Council in conjunction with the administrative department of personnel under the State Council.

  Article 44 This Law is applicable to doctors in technical service centres for birth control.

  Article 45 Village doctors who provide for villagers services of prevention, health care or general medical treatment in medical and health institutions of rural areas may, if they are in conformity with relevant provisions of this Law, be granted the qualifications of medical practitioners or assistant medical practitioners according to law. Measures for the administration of village doctors who have not yet qualified as medical practitioners or assistant medical practitioners as required by this Law shall be formulated separately by the State Council.

  Article 46 Measures for the implementation of this Law by doctors in the Army shall be formulated by the State Council and the Central Military Commission according to the principles of this Law.

  Article 47 Applications of persons from overseas for participating in examinations for doctors, registration as doctors, practising medicine, or engaging in activities of clinic teaching by demonstration, clinic research within the territory of China shall be handled according to relevant state provisions.

  Article 48 This Law comes into effect as of May 1, 1999.

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