|
|
[Home]
[Databases]
[WorldLII]
[Search]
[Feedback]
Laws of the People's Republic of China |
[Database Search] [Name Search] [Noteup] [Help]
| Category | PUBLIC HEALTH AND MEDICINE | Organ of Promulgation | The Standing Committee of the National People's Congress | Status of Effect | In Force |
| Date of Promulgation | 1998-06-26 | Effective Date | 1999-05-01 |
|
Law of the People's Republic of China on Medical Practitioners |
|---|
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 Article 1 This Law is enacted for the purpose of strengthening a Article 2 This Law is applicable to professional medical workers who are "Doctors" referred to in this Law include medical practitioners and Article 3 Doctors should possess good occupational morals and The whole society should respect doctors. Doctors are protected by law in Article 4 The administrative department of health under the State Council Administrative departments of health under local people's governments at Article 5 The state rewards doctors who have made contributions to Article 6 Medical professional and technical titles of doctors and the Article 7 Doctors may organize and join the doctors' association Article 8 The state practises an examination system for the Measures for the unified examination for the qualifications of doctors Article 9 Anyone who satisfies any of the following conditions may (1) Anyone who has received at least regular medical college education in (2) On the strength of the practising certificate of assistant medical Article 10 Anyone who has received junior college medical training in an Article 11 Anyone who has studied traditional medicine under a teacher Article 12 Examinees who pass the examination for the qualifications of Article 13 The state practises a registration system for doctors to Anyone who has been awarded the qualifications as a doctor may apply to Except under the circumstances prescribed in Article 15 of this Law, the Institutions of medical treatment, prevention or health care may go Article 14 Doctors may, upon registration, work in institutions of Anyone who fails to be registered as a doctor and obtain the practising Article 15 Under any of the following circumstances, registration shall (1) where a person has not full capacity for civil conduct; (2) where, for a person having been sentenced to criminal punishment, it (3) where, for a person having been imposed administrative punishment by (4) where other circumstances unsuitable for services of medical If registration is not granted to the applicant who fails to satisfy the Article 16 Under any of the following circumstances, the institution of (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 (4) where the doctor fails again in a new evaluation upon expiration of (5) where the doctor has ceased his practice for at least two years; or (6) under other circumstances unsuitable for services of medical The person who has an objection to the cancellation of his registration Article 17 Any doctor who intends to change his registration of the Article 18 Where anyone has ceased his practice of medicine for more than Article 19 Any medical practitioner who intends to apply for opening his Administrative departments of health under local people's governments at Article 20 Administrative departments of health under local people's Article 21 A doctor enjoys the following rights in practising medicine: (1) within the registered scope of business, making medical diagnosis, (2) obtaining medical instruments and necessary conditions commensurate (3) engaging in medical research and academic exchanges and joining (4) participating in professional training and receiving continued medical (5) protecting the personal dignity and the personal security from (6) earning wages, remuneration and subsidies and enjoying the welfare (7) putting forward opinions and proposals for the work of his own Article 22 A doctor shall perform the following obligations in practising (1) observing laws and regulations and following the technical and (2) cultivating the sense of responsibility in the work, following (3) caring for, loving and respecting patients and guarding patients' (4) endeavouring to gain professional proficiency, updating knowledge and (5) disseminating hygienic and health care knowledge and instructing Article 23 Doctors adopting measures of medical treatment, prevention or Doctors shall not work out medical documents irrelevant to their own Article 24 Doctors should adopt emergency measures to examine and treat Article 25 Doctors should use medicines, disinfectants and medical Narcotics, toxic drugs for medical use, psychotropic substances and Article 26 Doctors should truthfully explain the patients' conditions to Doctors should obtain the approval of the hospitals and the consent of the Article 27 Doctors shall not take advantage of their positions to extort Article 28 In the event of a natural disaster, the spreading of an Article 29 Doctors causing an accident in medical treatment or Doctors discovering suspected involvement of their patients in a case of Article 30 Assistant medical practitioners should, under the supervision Assistant medical practitioners who work in institutions of medical Article 31 Institutions or organizations entrusted by the administrative Evaluation institutions should report evaluation results of doctors to the The administrative department of health under the people's government at Article 32 The administrative department of health under the people's Article 33 Under any of the following circumstances, the administrative (1) where a doctor shows noble character and has made outstanding (2) where a doctor has made an important breakout in medical professional (3) where a doctor has behaved exceedingly well to heal the wounded and (4) where a doctor has worked hard for a long time in a grass-roots unit (5) under other circumstances where commendation or awards should be given Article 34 The administrative department of health under the people's The administrative department of health under the people's government at Article 35 Institutions of medical treatment, prevention or health care Medical and health institutions entrusted by the administrative department Article 36 If anyone obtains the practising certificate for doctors by Article 37 If any doctor commits any of the following acts in practice of (1) violating administrative regulations and rules of health or technical (2) due to negligence of duty, delaying diagnosis and emergency treatment (3) causing an accident in medical treatment; (4) without diagnosis and examination personally, signing certifications (5) concealing, forging or destroying without authorization medical (6) using medicines, disinfectants and medical instruments the use of (7) in violation of provisions, using narcotics, toxic drugs for medical (8) without the consent of a patient or his family members, giving (9) divulging the privacy of a patient and thereby causing severe (10) taking advantage of the position to illegally accept patients' (11) refusing to accept assignments by the administrative department of (12) failing to report to the competent authorities according to Article 38 Doctors causing accidents in medical treatment, prevention or Article 39 Establishing a medical institution for practice of medicine Article 40 Anyone who obstructs a doctor from his legal practice of Article 41 If any institution of medical treatment, prevention or health Article 42 Personnel of the administrative department of health or of any Article 43 With respect to those who obtained technical titles and Article 44 This Law is applicable to doctors in technical service centres Article 45 Village doctors who provide for villagers services of Article 46 Measures for the implementation of this Law by doctors in the Article 47 Applications of persons from overseas for participating in Article 48 This Law comes into effect as of May 1, 1999.
AsianLII:
Copyright Policy
|
Disclaimers
|
Privacy Policy
|
Feedback
Chapter I General Provisions
contingent of doctors, improving occupational morals and professional skills
of doctors, safeguarding legitimate rights and interests of doctors, and
protecting the people's health.
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.
assistant medical practitioners.
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.
performing duties according to law.
shall be responsible for the work for doctors throughout the country.
or above the county level shall be responsible for the work for doctors within
their respective administrative regions.
medical treatment, prevention of diseases and health care.
appraisal and appointment of medical professional and technical posts for
doctors shall be handled according to relevant state provisions.
according to law.
Chapter II Examination and Registration
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.
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.
participate in the examination for the qualifications of medical practitioners:
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
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.
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.
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.
doctors shall be awarded the qualifications of medical practitioners or
assistant medical practitioners.
practise medicine.
the administrative department of health under the local people's government at
or above the county level for registration.
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.
through registration procedures for all of their own doctors.
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.
certificate shall not practise medicine.
not be granted:
is not more than two years from the date of the end of the punishment to the
date of applying for registration;
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
treatment, prevention or health care exist as prescribed by the administrative
department of health under the State Council.
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.
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.
practising certificate of doctors is revoked;
the period of time during which his practice is suspended according to the
provisions of Article 31 of this Law;
treatment, prevention and health care as prescribed by the administrative
department of health under the State Council.
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.
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.
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.
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.
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.
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
diseases examination and medical prescription, providing the relevant medical
certifications and selecting reasonable plans for medical treatment,
prevention or health care;
with his practice of medicine according to the standards set by the
administrative department of health under the State Council;
professional learned societies;
education;
encroachment in practising medicine;
set by the state; and
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.
medicine:
operating rules;
professional disciplines, performing a doctor's duties and serving patients
conscientiously;
privacy;
increasing professional and technical competence; and
patients in health care.
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.
scopes of business or not consistent with their own categories of business.
patients who are suffering from acute diseases or dangerously ill and shall
not refuse to give emergency treatment.
instruments the use of which has been approved by the relevant departments of
the state.
radioactive drugs shall not be used except for proper diagnosis and treatment.
the patients and their family members provided that attention is paid to avoid
an adverse effect on the patients.
patients themselves or their family members for experimental clinic treatment.
or illegally accept the patients' property or seek other illegitimate gains.
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.
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.
injury or discovering an unnatural death of their patients should report the
case to the competent authorities according to relevant provisions.
of medical practitioners, practise medicine according to the categories of
business in institutions of medical treatment, prevention or health care.
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
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.
administrative department of health granting registration for the record.
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.
government at or above the county level shall be responsible for guiding,
inspecting and supervising evaluation of doctors.
department of health under the people's government at or above the county
level should commend or give awards to the doctors.
achievements in his practice of medicine;
skills and thereby made remarkable contributions;
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;
with poor conditions of a remote and impoverished region or a minority
nationality region; or
as prescribed by the administrative department of health under the State
Council.
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.
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.
should guarantee training and continued medical education of their own doctors
according to provisions and planning.
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
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.
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.
and operating rules and thereby causing severe consequences;
of a patient who is suffering from an acute disease or dangerously ill and
thereby causing severe consequences;
of diagnosis, medical treatment and epidemiology or certifications regarding
birth or death;
documents and other relevant materials;
which has not been approved;
use, psychotropic substances and radioactive drugs;
experimental clinic treatment to the patient;
consequences;
property or seek other illegitimate gains;
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
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.
health care shall be handled according to law or relevant state provisions.
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.
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.
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.
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
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.
for birth control.
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.
Army shall be formulated by the State Council and the Central Military
Commission according to the principles of this Law.
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.
URL: http://www.asianlii.org/cn/legis/cen/laws/mp194