On August 20, 2021, the 30th meeting of the Standing Committee of the 13th National People's Congress voted to pass the "Doctor Law of the People's Republic of China", which will officially begin to be implemented from March 1, 2022, and the original "Practicing Physician Law of the People's Republic of China" will be abolished at the same time.
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333Inventory of the new "Doctor's Law" 7 highlights
01
33 protects the legitimate rights and interests of doctors,
enhances the professional honor of doctors
The "Doctor Law" opens to clarify the protection of the legitimate rights and interests of doctors. The "Doctor Law" adjusts the protection of the legitimate rights and interests of doctors to the first sentence, and stipulates that August 19 of each year is China Physicians' Day, reflecting the state's attention and protection of the rights and interests of doctors. The whole society should respect doctors, which is of great significance to creating a good atmosphere of respecting doctors and health care in the whole society, and encourage doctors to better provide high-quality services to the public.
02
"Disclaimer outside first aid",
Let doctors be a "good person"
"Respect for life, save lives and help the wounded, be willing to contribute, and have boundless love" is the connotation of the professional spirit of the doctor. In recent years, doctors have frequently encountered emergency situations in public places, but extreme cases of doctors being asked to save people occasionally occur. The "Doctor Law" clearly states that doctors voluntarily implement first aid exemption in public places, and passes the law to clarify the provisions of "exempt emergency relief exemption outside" to prevent first aid from becoming an "unbearable weight" for doctors, fully reflecting the legal principle of legislation for the people, eliminating doctors' worries about saving people, and allowing doctors to be "good people".
03
333 specifies the professional behavior of physicians,
gives more autonomy in diagnosis and treatment
Medicine is an exploratory and high-risk science, and diagnosis and treatment technology requires the support of evidence-based medicine. This law clearly states that physicians must follow relevant clinical operating guidelines, medical ethics and other norms in practice to ensure the quality and safety of diagnosis and treatment. At the same time, this law clarifies the legality of "using drugs beyond the instructions", and stipulates that in special circumstances such as no effective or better treatment methods, after obtaining the patient's clear informed consent, the use of drugs that are not specified in the instructions but have evidence-based medical evidence for treatment can be carried out.
04
Strengthen the training of scarce professional doctors
The "14th Five-Year Plan" and the 2035 Vision Goal Outline propose to improve the quality and scale of training of medical staff, and expand the scale of shortage doctors in pediatrics, general practices, etc. In order to further strengthen the training of scarce professional doctors, the "Doctor Law" clearly states that the state formulates a doctor training plan, establishes a mechanism for the training of doctors and supply and demand balance to adapt to the characteristics of the industry and social needs, coordinate the needs of various medical talents, and strengthen the training of scarce professional talents such as general practice, pediatrics, psychiatry, and geriatric medicine. Strengthen the construction of the disease prevention and control talent team.
05
promotes the construction of the team of primary physicians
In terms of strengthening the construction of the team of primary physicians, the "Doctor Law" stipulates The state encourages doctors to regularly provide medical and health services at medical and health institutions at or below the county level; practitioners who are promoted to associate senior technical titles should have experience of serving at or below the county level for more than one year; physicians go to grassroots consultations and practice in grassroots medical and health institutions within the medical alliance, and do not need to change registration; physicians who work at grassroots and difficult and remote areas enjoy allowances and subsidies policies in accordance with relevant national regulations, and enjoy preferential treatment in professional title assessment, career development, education and training, commendation and rewards. The above provisions are conducive to encouraging excellent medical forces to flow to the grassroots level, solving the practical problems that primary doctors cannot recruit or retain, and providing strong talent support for the implementation of the Healthy China strategy.
06
promotes the integration of traditional Chinese and Western medicine
To strengthen the traditional Chinese medicine service system, the "Doctor Law" clearly stipulates that the integration of medicine and prevention and both Chinese and Western medicine should be emphasized, and it is clear that doctors of traditional Chinese and Western medicine can be in the medical machine Traditional Chinese medicine, integrated Chinese and Western medicine or other clinical departments in the organization practice according to the registered practice category and scope of practice; traditional Chinese medicine doctors who have obtained medical qualifications through examinations can adopt Western medicine techniques related to their majors in their professional activities in accordance with relevant national regulations; Western medicine doctors who have passed the training and assessment in accordance with relevant national regulations and pass the training and assessment, can adopt traditional Chinese medicine techniques related to their majors in their professional activities; improve the education system for mutual learning between traditional Chinese and Western medicine, and cultivate high-level talents in integrated Chinese and Western medicine and general practitioners who can provide integrated Chinese and Western medicine services.
07
accelerate the integration of medical and prevention
In terms of strengthening the integration of medical and prevention, the "Doctors Law" clearly states that the state establishes a talent training mechanism that combines public health and clinical medicine, and improves the system and mechanism of the integration of medical and prevention and coordinated prevention and treatment of traditional Chinese and Western medicine; in the event of emergency and national defense mobilization needs, doctors should obey the dispatch of health and health authorities, laying a solid legal foundation for the dispatch of human, money and property in emergency situations; doctors have the obligation to report in a timely manner when discovering infectious diseases, sudden diseases of unknown causes or abnormal health events.
Source: China Medical Association, China Legal Publicity Network, Yancheng Health WeChat Official Account, Shanghang County Court
