Peninsula All-Media Reporter Gao Yongnan
On March 1, 2022, " Physician Law of the People's Republic of China " (hereinafter referred to as Physician Law ) was officially implemented, and " Practical Physician Law of the People's Republic of China " was abolished at the same time. The Physician Law has a total of 7 chapters and 67 articles, including general rules, examinations and registration, practice rules, training and assessment, guarantee measures, legal responsibilities and annexes. This has taken key steps in the construction of my country's medical team.
Doctor Law clearly stipulates that August 19 of each year is China Doctor's Day , proposing that the whole society should respect doctors, care for doctors, and promote the widespread formation of a good atmosphere of respecting doctors and health care in the whole society. Only by allowing medical and health workers to diagnose and practice with confidence can patients seek medical treatment and be orderly treatment.
Physician Law also clearly states that news media should carry out public welfare publicity of medical and health laws, regulations and medical and health knowledge, promote the advanced deeds of doctors, and guide the public to respect doctors and treat medical and health risks rationally.
Physician Law will provide effective legal guarantees for protecting the legitimate rights and interests of doctors, standardizing physician practice behavior, strengthening the construction of the physician team, protecting people's health, and implementing the Healthy China strategy. It provides strong guarantees for promoting the high-quality development of the medical team , provides an important basis for strengthening the treatment guarantee for medical personnel, and provides strong support for strengthening the construction of the public health service system.
Physician Law states that if a doctor causes damage to the recipient due to voluntary first aid, he shall not bear civil liability. Image source: Visual China
Care for and love doctors, strengthen professional security guarantees
Physician Law Article 3, doctors should uphold the people and life first, carry forward the humanitarian spirit, carry forward the lofty professional spirit of respecting life, saving lives and helping the wounded, willing to make sacrifices, and boundless love, abide by professional ethics, abide by professional norms, improve professional standards, and fulfill the sacred duties of preventing and treating diseases and protecting people's health. Doctors practice according to law and are protected by law. The doctor's personal dignity and personal safety are not violated. Article 49 of the Physician Law, people's governments at or above the county level and their relevant departments shall incorporate the prevention and handling of medical disputes into the comprehensive social security governance system, strengthen the comprehensive management of medical and health institutions and surrounding public security, maintain a good practice environment for medical and health institutions, effectively prevent and crack down on medical-related illegal and criminal activities in accordance with the law, and protect the legitimate rights and interests of both doctors and patients. Medical and health institutions should improve safety measures, maintain good medical order, promptly and proactively resolve medical disputes, and ensure the safety of physicians' practice. Any organization or individual is prohibited from obstructing physicians from practicing in accordance with the law and interfering with doctors' normal work and life; it is prohibited to infringe on the physician's personal dignity and personal safety through insults, slander, threats, and beatings. Article 60 of the Doctor Law: If a doctor violates the provisions of this Law, hinders the doctor's practice in accordance with the law, interferes with the doctor's normal work and life, or violates the doctor's personal dignity and personal safety through insults, slanders, threats, and beatings, and constitutes a violation of public security management, the public security management punishment will be given in accordance with the law.
protects the rights and interests of patients and improves the standardized system for physician practice
Doctor Law Article 25. Doctors should explain the condition, medical measures and other matters that need to be informed to patients during diagnosis and treatment activities. If surgery, special examinations, or special treatment is required, the doctor shall promptly explain the medical risks, alternative medical plans, etc. to the patient and obtain his clear consent; if it is impossible or not appropriate to explain to the patient, he shall explain to the patient's close relatives and obtain his clear consent. Article 26 of the
Doctor Law. Doctors shall conduct clinical trials of drugs, medical devices, and other medical clinical studies, comply with relevant national regulations, abide by medical ethical norms, pass ethical review in accordance with the law, and obtain written informed consent. Article 27 of the Doctor Law: For patients who need emergency treatment, doctors shall take emergency measures to diagnose and treat patients and shall not refuse emergency treatment. If the patient or his close relatives cannot obtain the opinions of the patient or his close relatives due to emergency situations such as rescuing a patient who is in critical condition, the corresponding medical measures may be implemented immediately with the approval of the head of the medical institution or the authorized person in charge.The state encourages physicians to actively participate in emergency services in public places such as public transportation; if a physician causes damage to the recipient due to voluntary first aid, he shall not bear civil liability.
Physician Law Article 28: Doctors shall use drugs, disinfectants, and medical devices approved or registered in accordance with the law, and adopt legal, compliant and scientific diagnosis and treatment methods. Except for use in diagnosis and treatment according to the specifications, narcotic drugs, medical toxic drugs, psychotropic drugs, , radioactive drugs, etc. shall not be used. Article 29 of the Doctor Law, doctors should adhere to the principles of safe, effective, economical and reasonable use of drugs, and follow the guidelines for clinical application of drugs, clinical diagnosis and treatment guidelines and drug instructions. In special circumstances such as no effective or better treatment methods, after obtaining the patient's clear informed consent, the doctor may use the use of drugs that are not specified in the drug instructions but have evidence-based medical evidence for treatment. Medical institutions should establish management systems to review the suitability of doctors’ prescriptions and medication prescriptions, and strictly regulate doctors’ medication behavior. Article 30 of the Doctor Law, practicing physicians may provide appropriate medical and health services such as follow-up visits for some common diseases and chronic diseases through the Internet and other information technologies in accordance with relevant national regulations and with the consent of their medical and health institutions. The state supports telemedicine cooperation between medical and health institutions using information technologies such as the Internet.
Article 31 of the Doctor Law, doctors shall not use their position to request, illegally accept property or obtain other improper benefits; they shall not perform unnecessary examinations or treatment on patients.
Build a team of high-quality doctors, strengthen the training of scarce talents, Article 37 of the Doctor Law, the state formulates a doctor training plan, establishes a balance mechanism for the training of doctors and supply and demand that meets the characteristics of the industry and social needs, coordinates the needs of various medical talents, and strengthens the training of scarce professional talents such as general practice, pediatrics, psychiatry, and geriatrics. The state has taken measures to strengthen medical and educational coordination and improve medical school education, post-graduate education and continuing education systems. The country has strengthened the training and allocation of primary medical and health talents with general practitioners as the focus through various channels. The state has taken measures to improve the education system for mutual learning between traditional Chinese and Western medicine, and cultivate high-level talents in integrating traditional Chinese and Western medicine and general practitioners who can provide integrated traditional Chinese and Western medicine services. Article 38 of the
Doctor Law, the state shall establish and improve the standardized training system for resident physicians, improve the clinical teaching incentive mechanism, ensure the benefits of resident physicians during training, and strictly manage the training process and graduation assessment. The country has established and improved a standardized training system for specialist doctors and continuously improved the level of specialized diagnosis and treatment for clinical physicians. Article 39 of the
Doctor Law, the health and health authorities and other relevant departments of the people's government at or above the county level shall formulate a doctor training plan and adopt various forms to conduct graded and classified training for doctors to provide conditions for doctors to receive continuing medical education . People's governments at or above the county level shall take effective measures to give priority to ensuring that medical and health personnel in grassroots, underdeveloped areas and ethnic areas receive continuing medical education. Article 40 of the Doctor Law of
Medical and health institutions shall reasonably allocate human resources to ensure that the physicians of the institution receive continuing medical education in accordance with regulations and plans. The health and health authorities of the people's government at or above the county level shall organize and coordinate medical and health institutions at or above the county level to carry out training for medical and health personnel in primary medical and health institutions such as township health centers, village health centers, community health service centers, and to improve their medical professional technical capabilities and levels. Relevant industry organizations should provide services and create conditions for physicians to receive continuing medical education, and strengthen the organization and management of continuing medical education. Article 41 of the Medical Law of
. In the annual medical major enrollment plan and education and training plan, the state shall approve a certain proportion for targeted training and entrusted training to strengthen the construction of the medical team at the grassroots and difficult and remote areas. Relevant departments and medical institutions shall sign an agreement with personnel who have received targeted training and entrusted training, and stipulate relevant benefits, years of service, breach of contract liability and other matters. Relevant personnel shall fulfill the obligations stipulated in the agreement. Relevant departments of people's governments at or above the county level shall take measures to strengthen the management of compliance.If the parties to the agreement violate the agreement, they shall bear the liability for breach of contract. Article 44 of the
Physician Law shall establish and improve personnel, salary, professional title and reward systems that reflect the professional characteristics of doctors and the value of technical labor. Physicians engaged in infectious disease prevention and control, radiation medicine, mental health work, and other special positions should be given appropriate allowances in accordance with relevant national regulations. The allowance standards should be adjusted regularly. Doctors working at grassroots and difficult and remote areas will enjoy allowances and subsidy policies in accordance with relevant national regulations, and enjoy preferential treatment in terms of professional title assessment, career development, education and training, commendation and rewards. Article 45 of the
Physician Law shall strengthen the construction of the disease prevention and control talent team and establish a physician training and use mechanism that adapts to a modern disease prevention and control system. The state has established a talent training mechanism that combines public health with clinical medicine , and provides professional training for clinical physicians in disease prevention and control, response to public health emergencies through various channels, and provides clinical medical business training for public health physician , and improves the system and mechanism of combining medical and prevention and coordinated prevention and treatment of traditional Chinese and Western medicine. Article 46 of the Doctor Law, the state takes measures to coordinate urban and rural resources, strengthen the construction of grassroots medical and health teams and service capabilities, establish a career development mechanism that connects counties, townships and villages, and incorporates rural medical and health personnel into the management of county-level medical and health personnel through county-level management and township employment and village use. Article 47 of the
Physician Law, the state encourages rural doctors who provide prevention, health care and general medical services to villagers in village medical and health institutions to obtain medical professional qualifications through medical education; and encourages qualified rural doctors to participate in the physician qualification examination and obtain medical qualifications in accordance with the law. The state has taken measures to help rural doctors improve their capabilities and levels of medical technology through informatization and intelligent means, and further improve the multi-channel subsidy mechanism for rural doctors' service income and policies such as pension.
