Republic of China on Medical Practitioners 
  
  
  

   
  
  

    (People's Republic of the Ninth National People's Congress Standing Committee of the Third Meeting of June 26, 1998 through, June 26, 1998 Order of the President announced on the fifth since May 1, 1999 implementation of seven )

CONTENTS
Chapter I General Provisions
Chapter II Examination and Registration
Chapter Practice Rules
Chapter IV Assessment and Training
Chapter V Legal Liability
Chapter VI Supplementary Provisions

Chapter I General Provisions


    The first physician in order to strengthen team building and improve the physician's professional ethics and quality, protect the legal rights of physicians to protect the health of the people with law.
    The second qualification to practice law or to obtain qualifications of assistant medical practitioners, registered in the medical, prevention, health care institutions in the practice of professional medical personnel, this Law. The term physicians, including practicing physicians and certified physician assistants.
    Doctors should have a good third of professional ethics and medical practice standards, carry forward the humanitarian spirit, to fulfill prevent and cure diseases, heal the sick, the sacred duty of protecting people's health. The whole society should respect doctors. Physicians to perform their duties according to law, protected by law.
    Health administrative departments under the State Council is in charge of physician work. Local people's governments above the county level health administrative departments responsible for managing the work of the doctors of the administrative regions.
    The state of the health care, prevention, health care contribute to the work of doctors awarded.
    Article VI of medical doctors and medical professional titles evaluation of professional and technical positions, appointment, in accordance with relevant state regulations.
    Article physician may lawfully organize and join Medical Association.

Chapter II Examination and Registration

    The state shall implement qualification examination system. The examination is divided into qualification examination and practicing physicians practicing physician assistant exam. The examination of the way, the health administration department of the State Council. The examination by the provincial people's governments at or above the implementation of the health administration department of organization.
    Article IX, one of the following conditions, medical practitioners may participate in qualifying examination:
    (A) has a Bachelor degree in medical colleges and universities, under the guidance of the practitioner in the medical, prevention, health care institutions in the one-year probationary period;
    (B) solicitors practicing physician assistant certificate, medical specialties with higher education, in health care, prevention, health care institutions in the work of two full years; with a secondary medical school education, in health care, prevention, health care institutions have worked five years.
    Article has a higher education or medical specialist medical specialist secondary school education, under the guidance of the practitioner in the medical, prevention, health care institutions in the one-year probationary period may be eligible to participate in physician assistant practice exam.
    Article XI to study traditional medicine for three years studying under way after years of practice or expertise in medicine there, the people's governments above the county level health administrative department of the traditional medicine or medical professional organizations, prevention, health care institutions and recommended passing the examination, you can qualified medical practitioner or practitioners to participate in physician assistant exam. Examination of the content and by the State Council administrative department of health will be forthcoming.
    Article XII qualification examinations and obtained a qualified practitioner or licensed assistant doctors qualifications.
    National implementation of Article XIII of practicing doctors registration system. Received his qualification, may apply to the local people's governments above the county level health administrative departments for registration. Apart from the case of Article XV of this Act, the receipt of the application of the health administrative departments shall receive the application within thirty days from the date of grant registration and issue by the State Council administrative department of health physician practicing certificate printed. Medical care, prevention, health care institutions based institutions can register with the doctors group.
    Article XIV physicians registered, you can in the medical, prevention, health care institutions in accordance with the registered place of practice, practice type, scope of practice to practice, engaging in appropriate medical treatment, prevention, health care business. Practicing physicians to obtain the certificate without the registration, shall not engage in medical practice.
Article XV of the following circumstances shall not be registered:
    (A) does not have full civil capacity;
    (B) due to criminal punishment, the date of completion of the penalty until the date of application for registration less than two years;
    (C) revoke the certificate of practicing doctors by the administrative penalty decision of the penalty until the date of application for registration less than two years;
    (D) health administration department under the State Council should not engage in medical treatment, prevention, health care operations and other circumstances.
    The health administrative department accepts the application does not meet the conditions are not registered, it shall be the date of receiving the application notify the applicant in writing within thirty days and explain the reasons. Objection to the applicant may, from the date of receipt of the notice within fifteen days, apply for reconsideration or to the people's court proceedings. Article XVI registered doctors, one of the following circumstances, in their medical treatment, prevention, health care institutions should be allowed up the report within thirty days of health administration, health administration department shall cancel the registration, certificate of practicing doctors to recover:
    (A) dies or is declared missing;
    (B) subject to criminal punishment;
    (C) revoke the certificate of practicing doctors by the administrative penalty;
    (D) In accordance with the provisions of Article Thirty expiration of suspension of medical practice, re-assessment is still unsatisfactory;
    (E) suspension of at least two years of medical practice;
    (Vi) health administration department under the State Council should not engage in medical treatment, prevention, health care operations and other circumstances.
    The parties have been written off objections registered, you can cancel the registration receipt within fifteen days from the date of notification, apply for reconsideration or to the people's court proceedings.
    Article XVII to change physician practice location, practice type, scope of practice issues such as registration, it shall be granted up to the health administration department in accordance with the provisions of this Law, Article XIII of the procedures for registration changes.
    Article XVIII suspension of medical practice over two years and ceases to exist, Article XV of this Act, the application for re-practice, should be provided by the agency in Article Thirty passing the examination, and in accordance with the provisions of this Law, Article XIII re-registration .
    Application of Article XIX of individual practitioners to practice medicine, subject to registration in the medical, prevention, health care institutions in the practice over five years, and in accordance with the relevant provisions of the State examination and approval procedures; been approved shall not practice medicine. Local people's governments above the county level health administrative departments of the individual physician to practice medicine, health administration department under the State Council's regulations, regular supervision and inspection, all found in the circumstances provided for in Article XVI of this Law, it shall cancel the registration, certificate of practicing doctors to recover .
    Diershitiao local people's governments above the county level health administrative departments shall cancel the registration will be allowed to register and list of persons shall be announced by the health administrative department of the provincial government summary of the State Council administrative department of health record.

Chapter Practice Rules

    Twenty-one physicians in medical practice have the following rights:
    (A) registered to practice in the context of a medical diagnosis, disease investigation, medical disposal, issue the corresponding medical certificate and choose the right medical treatment, prevention, health care programs;
    (B) The health administration department under the State Council's standards, access to my medical practice with very basic conditions of medical equipment;
    (C) engaged in medical research, academic exchanges, participate in professional academic associations;
    (D) to participate in professional training and receive continuing medical education;
    (E) in its practice, human dignity, personal security violated;
    (Vi) to obtain remuneration and allowances, to enjoy the benefits prescribed by the State;
    (Vii) where the institution of medical treatment, prevention, health care and health administrative departments make suggestions and recommendations, according to participate in the democratic management of their organizations.
    Twenty-two physicians in practice activities to fulfill the following obligations:
    (A) comply with laws, regulations, compliance with technical operation;
    (B) to foster the professionalism, observe professional ethics, fulfill their responsibilities as a doctor, due diligence services for patients;
    (C) to care for, respect for patients, protect patient privacy;
    (D) to work hard to update knowledge, improve professional skills;
    (E) to promote health care knowledge, health education to patients.
    Twenty-three physicians to implement health care, prevention, health measures, signed the medical certificate must personally diagnosis, investigation and fill out medical documents in a timely manner in accordance with regulations and shall not conceal, forge or destroy medical documents and relevant information. Physician shall not issue its own scope or practice inconsistent with the type of medical practice documents.
    Twenty-four pairs of emergency and critical patients, physicians should take urgent measures to timely diagnosis and treatment; not refuse emergency treatment.
    Twenty-five physicians should use approved for use by state departments of medicine, disinfectants and medical equipment. In addition to proper treatment, may not use narcotic drugs for medical use and toxicity of drugs, psychotropic drugs and radioactive drugs.
    Twenty-six physicians should truthfully to the condition of patients or their family members, but the patient should be taken to avoid adverse consequences. Experimental clinical physician should be approved by the hospital and with the patient or family members agree.
    第二 seventeen physicians may not use his position to obtain and illegally accepting patients, or seek other illegitimate interests of the property.
    第二 eighteen case of natural disasters, epidemics, sudden heavy casualties and other serious threats to people's lives and health emergencies, physicians should be subject to the people's governments above the county level health administrative departments of the assignment.
    第二 nineteen, MD, medical or infectious diseases outbreaks occur, it should be according to relevant regulations in a timely manner to the institution or the health administration department. Physicians found that patients with suspected injury or unnatural death, it shall report to relevant departments in accordance with relevant provisions.
    The third ten practicing physician assistant shall practice under the guidance of physicians in the medical, prevention, health care institutions according to their practicing category. In the townships, nationality townships and towns of medical, prevention, health care institutions in the work of practicing physician assistants, according to the conditions and needs medical treatment, independent in the general practice activities.

Chapter IV Assessment and Training

    第三十一条 by the government above the county level health administrative departments shall be entrusted to the institution or organization in accordance with standards of practice physicians, physician's service level, work performance and ethics for regular assessment. The physician's examination results, assessment agencies should report on the health administration department to grant registration record. Physicians who fail the assessments, the people's governments above the county level health administrative departments shall order it to suspend activities in three to six months to practice and receive training and continuing medical education. Suspend the practice of the expiration of the examination again, to pass the examination, and allowed to continue practicing; those who fail, by the people's governments above the county level health administration department shall cancel the registration and withdraw physicians practicing certificate.
    Thirty-people's government above the county level health administrative departments responsible for guiding, inspection and supervision of assessments of doctors.
    第三 thirteen, MD, one of the following circumstances, the people's governments above the county level health administrative departments shall commend or reward:
    (A) in its practice, medical ethics, outstanding deeds of;
    (Ii) a major breakthrough in medical technology have made significant contributions;
    (C) In case of natural disasters, epidemics, sudden heavy casualties and other serious threats to people's lives and health of emergency, life-saving, rescue clinics outstanding performance;
    (D) a long time in remote and poor areas, minority areas difficult conditions to work in grassroots units;
    (E) health administration department under the State Council shall be commended or rewarded in other cases.
    Thirty people's governments above the county level health administrative departments shall formulate training plans, training of physicians in various forms, for physicians to receive continued medical education conditions. The people's governments above the county level health administrative departments shall take measures in rural and minority areas in the medical, prevention, health care services to implement the training of medical personnel.
    Thirty-fifth a medical, prevention, health care institutions and programs should be in accordance with the provisions ensure that the organization of training physicians and continuing medical education. The people's governments above the county level health administrative departments entrusted with the task of assessing the medical doctors and health institutions, physicians should be the training and continued medical education and the creation of conditions.

Chapter V Legal Liability

    Thirty-sixth bar to practicing doctors improper means to obtain the certificate, the certificate issued by the administrative department of health shall be revoked; of the person in charge directly responsible and other directly responsible personnel shall be given administrative sanctions.
第三 seventeen physicians in medical practice, the violation of this Law, one of the following acts by the people's governments above the county level health administrative departments to give a warning or be suspended for six months to one year, ordered to practice activities; circumstances are serious, revoke the certificate of practicing doctors; constitutes a crime, criminal responsibility shall be investigated:
    (A) violation of administrative rules and regulations or technical health practices, resulting in serious consequences;
    (B) sick as causing delays in emergency and critical rescue and treatment of patients, causing serious consequences;
    (C) result in malpractice;
    (D) without conducting diagnosis, investigation, signed the diagnosis, treatment and epidemiology, or related documents of births, deaths and other documents;
    (E) concealing, forging or destroying medical documents and relevant information;
    (F) use of unauthorized use of medicines, disinfectants and medical equipment;
    (Vii) not in accordance with the requirement to use narcotic drugs, medical toxic drugs, psychotropic drugs and radioactive drugs;
    (H) without the consent of patients or their families, to patients in experimental clinical medicine;
    (I) disclose the privacy of patients, causing serious consequences;
    (X) used his position to obtain and illegally accepting money, property or seek other illegitimate patient interests;
    (Xi) natural disasters, epidemics, sudden heavy casualties and other serious threats to people's lives and health of emergency, is not subject to the disposal of the health administration department;
    (Xii) medical or infectious diseases outbreaks occur, the patient suspected of injury or unnatural death, not in accordance with the provisions of the report.
    第三 eighteen physicians in the medical, prevention, health care in the accident, in accordance with the law or relevant regulations.
    Thirty-ninth start without approval medical practice or without non-physician medical practice, by the people's governments above the county level health administrative departments confiscate the illegal income, and the drugs, equipment, and impose a one hundred thousand yuan shall be imposed; on physicians practicing certificate shall be revoked; harm to patients, shall bear the compensation responsibility; constitute a crime shall be held criminally responsible.
    Physicians practicing law impeding the fourth ten, insult, slander, threats, beatings, MD, physician violation of personal freedom, or interfere with the normal work of doctors, life, in accordance with the provisions of Regulations on Administrative Penalties for Public Security punishment; constitute a crime, shall be held criminally responsible.
    第四十一条 medical care, prevention, health care institutions are not in accordance with the provisions of Article XVI of this Law fulfill their reporting duties, leading to serious consequences, people's governments above the county level health administrative departments to give a warning; and the administrative head of the institution shall be given administrative sanctions.
    第四 twelve administrative department of health or medical personnel, prevention, health care institutions who violate the relevant provisions of this Act, fraud, negligence, abuse of power, corruption, does not constitute a crime shall be given administrative sanctions; constitute a crime, held criminally responsible.


 
Chapter VI Supplementary Provisions

    This Law shall before the date of promulgation of regulations in accordance with relevant professional and technical titles in medicine and medical staff of professional and technical positions, where the organization submitted by the people's governments above the county level health administrative departments to obtain the appropriate qualification. In particular, medical, prevention, health care institutions in the medical, prevention, health care business, medical personnel, in accordance with provisions of this Law, where the organization collectively reported by the people's governments above the county level health administrative departments, to be registered and issued to physicians practicing certificate. Specific measures for the health administration department of personnel administration department of the State Council.
    第四 fourteen family planning technical service institutions to doctors by this Law.
    Forty-fifth amended, in rural medical and health institutions to the villagers to provide prevention, care and general medical services of rural doctors, in line with the relevant provisions of this Law may be obtained according to law practitioner qualification or qualifications of assistant medical practitioners; do not have the practitioners of this Law qualification or qualifications of assistant medical practitioners of rural doctors, by the State Council shall formulate management.
    第四 sixteen military doctors perform the implementation of this Law shall be formulated by the State Council and Central Military Commission in accordance with the principles of this Law.
    Forty-seventh an overseas doctors who apply in China, examination, registration, practice or engaged in clinical teaching, clinical research and other activities, in accordance with relevant state regulations.
    Forty-eighth This Law shall May 1, 1999 shall come into force. 

 

Ministry of Health, more regulations：

http://www.moh.gov.cn/publicfiles/business/htmlfiles/zwgkzt/pzcfg/list.htm

http://www.satcm.gov.cn/web2010/zhengwugongkai/zhengcefagui/falvfagui/

http://www.sda.gov.cn/WS01/CL0006/