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" (hereinafter referred to as the "Doctor Law"), which came into effect on March 1, 2022. The "Practicing Physician Law of the People's Republic of China" (hereinafter referred to as the "Practicing Physician Law") will be abolished at the same time.
"Practical Physician Law" is the first law in my country to regulate the practice of doctors. It has been implemented on May 1, 1999, for more than 20 years. With the advancement of medical reform, changes in the medical environment, and the continuous innovation and development of doctors' management methods and practice models, it is necessary to modify the "Practical Physicians Law". The new "Doctor Law" has a total of 7 chapters and 67 articles. After implementation, it will provide effective legal guarantees for protecting the legitimate rights and interests of doctors, regulating the practice of doctors, strengthening the construction of the physician team, protecting people's health, and implementing the Healthy China strategy. The "Doctor Law" clearly stipulates the doctor's examination and registration, practice rules, training and assessment, safeguards, legal responsibilities, etc.
The entry threshold for physicians has been increased
The "Doctor Law" clearly states that the physician qualification examination system will continue to be implemented, and the minimum starting point for participating in the physician qualification examination will be promoted from a technical secondary school to a junior college. Article 9 of
If one of the following conditions is met, you can take the qualification examination for practicing physicians:
(I) Have a bachelor's degree or above in relevant medical majors in higher education institutions, and under the guidance of a practicing physician, you will participate in medical professional work in medical and health institutions for one year;
(II) Have a junior college degree in relevant medical majors in higher education institutions and obtain a practicing assistant physician practice certificate, and practice in medical and health institutions for two years.
Article 10 If you have a college degree or above in relevant medical majors in colleges and under the guidance of a practicing physician and have participated in medical professional work in medical and health institutions for one year, you may take the qualification examination for practicing assistant physicians.
In order to ensure and promote the development of traditional Chinese medicine and implement the policy of giving equal importance to traditional Chinese and Western medicine, in addition to taking the practicing physician exam, Article 11 of the "Doctor Law" also stipulates that if you have studied traditional Chinese medicine for three years by teacher-led practice for many years, or have expertise in practicing medical skills for many years, you can pass the assessment and recommend it by the traditional Chinese medicine professional organization or medical and health institution entrusted by the health and health authorities of the people's government at or above the county level and above, you can take the traditional Chinese medicine physician qualification examination. If you learn Chinese medicine through a teacher-led approach or have many years of practice and have expertise in medical skills, you will be recommended by at least two Chinese medicine doctors. After passing the practical skills and effect assessment organized by the provincial people's government, you can obtain the qualification of a Chinese medicine doctor and the corresponding qualification certificate.
The legitimate rights and interests of doctors are protected
The "Doctor Law" begins by clearly ensuring the legitimate rights and interests of doctors, reflecting the importance of the rights and interests of doctors, requiring the whole society to respect doctors, and to form a good atmosphere of respecting doctors and health care in the whole society. The "Doctors Law" stipulates that August 19 of each year is China Physicians' Day, and it is clear that "doctors practice according to law and are protected by law. The personal dignity and personal safety of doctors are not violated."
In the "guarantee measures", the "Doctors Law" formulates a series of legal measures in terms of working hours, salary, talent team building, professional environment governance, occupational protection, special positions and work allowances in remote areas, to effectively protect all legitimate rights and interests of doctors. At the same time, Article 27 of the "Doctor Law" stipulates that the state encourages doctors to actively participate in emergency services in public places such as public transportation; if a doctor causes damage to the recipient due to voluntary first aid, he shall not bear civil liability.
It is worth noting that the "Doctors Law" also requires news media to 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 practice and regular assessment have been adjusted
The state implements a medical practitioner registration system. After registration, doctors can practice in medical and health institutions according to the registered place, practice category, and scope of practice, and engage in corresponding medical and health services. However, they are not allowed to engage in medical and health practice activities without registering for the medical practitioner certificate.The state allows doctors to practice in multiple medical and health institutions. If doctors practice regularly in more than two medical and health institutions, they should mainly use one medical and health institution and handle relevant procedures in accordance with relevant national regulations. At the same time, the state encourages doctors to regularly locate medical and health institutions at or below the county level, including township health centers, village health centers, community health service centers, etc. to provide medical and health services. The main practice institutions should support and provide convenience.
Note! Registration is not allowed if any of the following circumstances occurs:
(I) No civil capacity or limited civil capacity;
(II) Being criminally punished, the execution of the sentence is less than two years or the term of prohibition of engaging in the profession of a doctor in accordance with the law is not over;
(III) Being revoked for less than two years;
(IV) Being cancelled for less than one year due to failing regular doctor assessment;
(V) Other circumstances in which medical and health services are not allowed to be engaged in laws and administrative regulations.
The state implements a regular physician assessment system. The health and health authorities of the people's government at or above the county level or the medical and health institutions and industry organizations entrusted by them shall assess the doctor's professional level, work performance and professional ethics in accordance with the physician's professional standards. The assessment cycle is three years. For physicians with long-term practice experience and no record of bad behavior, the assessment procedures can be simplified. Compared with the "Regulations on Regular Physician Assessment Management of Physicians" implemented in 2007, the new "Doctor Law" reduces the burden on physicians.
Physicians should be regulated by practicing behavior
Doctors should uphold the people and life first, carry forward the lofty professional spirit, abide by professional ethics, abide by professional norms, improve their professional level, and fulfill their sacred duties of preventing and treating diseases and protecting people's health. The "Doctor Law" points out that in practice, doctors should implement medical, preventive and health care measures, and sign relevant medical certificates, and personally diagnose and investigate; fully protect patients' right to know; carry out clinical trials of drugs, medical devices and other medical clinical research, and pass ethical review in accordance with the law; doctors shall not refuse first aid; adhere to safe, effective, economical and reasonable use of drugs; do not use their position to request, illegally accept property or obtain other improper benefits; do not perform unnecessary examinations or treatments on patients. If any violation of the law is made, the health and health department will issue a warning; fine; and punish the punishment for suspending practice until the revocation of the physician qualification certificate according to the circumstances.
It is particularly important to note that Article 58 points out that if serious violations of the professional ethics of physicians and medical ethics norms and causes bad social impact, the health and health department of the people's government at or above the provincial level shall revoke the physician's professional certificate or order it to stop illegal professional activities, and it shall be prohibited from engaging in medical and health services or medical clinical research for five years until life. This is also the first time that a "lifelong ban" was proposed in the field of health and health.
Experience in the prevention and control of the new coronavirus pneumonia into the law
Practice of the new coronavirus pneumonia has once again proved that the leadership of the Party and our country's socialist system and national governance system have strong vitality and significant advantages. The "Doctors Law" actively summarizes and absorbs successful experiences and practices in epidemic prevention and control. The country will strengthen the construction of the disease prevention and control talent team, establish a physician training and use mechanism that adapts to a modern disease prevention and control system, and lay a talent foundation for the prevention and control of new and sudden infectious diseases.
The "Doctor Law" stipulates that in the event of an emergency that seriously threatens the lives and health of the people, the doctor shall obey the dispatch of the health department, participate in health emergency response and medical treatment, and provide a legal basis for the dispatch of people, money and property in emergency situations. The "four early" (early detection, early reporting, early isolation, early diagnosis) are important means for infectious diseases prevention and control. The "Doctor Law" clearly states that doctors have the obligation to report in a timely manner when they discover infectious diseases, sudden diseases of unknown causes or abnormal health events during their practice activities.
Doctors are not superman, but they strive to race against the disease; doctors are not soldiers, and they still wear white armor to protect their lives.As the "Doctor Law" is implemented, I would like to pay tribute to every medical worker and thank you for always protecting our health and safety!
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Contributed by 丨The Commission’s Medical Administration Department and Municipal Health and Health Law Enforcement Team
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