Recently, the Chinese Medical Association held a conference on the legislative research topic of the "Practicing Physician Law" (Revised) at the School of Law of Zhengzhou University.
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The Chinese Medical Association was entrusted by the Law and Regulations Department of the National Health Commission to undertake the legislative research topic of the "Practicing Physicians Law" (Revised). The research team held a legislative research project on the afternoon of January 16, 2019 at the School of Law of Zhengzhou University, and also conducted research at the First Hospital of Zhengzhou University and the Third Hospital of Zhengzhou University. Vice President of Henan Medical Association Guo Jinling and relevant leaders of Zhengzhou University participated in the discussion and investigation.
For the revision of the "Doctor Law", most netizens in the industry have always paid more attention to the terms of the "Doctor Law" regarding the registration of practicing physicians. It is generally believed that the revision should be similar to the driver's license and is universally applicable nationwide.
official investigation and statements
In fact, as early as 2015, the Health and Family Planning Commission pointed out when reporting on the supervision and inspection of the "Practical Physician Law" that some of the contents of the "One Law and Four Regulations" are no longer in line with the current economic and social development situation and the actual situation of grassroots work. Some legal systems lack supporting implementation rules or operating methods, and laws and regulations themselves need to be revised and improved urgently. The implementation results of
"One Law and Four Regulations" are mainly reflected in that through the implementation of the "Practical Doctor Law" and the " Rural Doctor Practice Management Regulations ", the construction of the team of doctors and rural doctors has been vigorously strengthened, the legitimate rights and interests have been basically guaranteed, and the practice behavior has been continuously standardized; through the implementation of the " Medical Institution Management Regulations ", the medical service system, medical management system and medical supervision system have been gradually improved, and the service capacity and medical quality level have been continuously improved; through the implementation of the " Medical Accident Handling Regulations ", the prevention and handling capacity and level of medical accidents in all parts of the country have been improved; through the implementation of the "School Health Work Regulations", school health work has been comprehensively strengthened, and the main tasks have been further implemented.
The main problems in the implementation of the "one law and four regulations" include unbalanced implementation of the degree of laws and regulations, inadequate implementation of the layout and planning system for medical institutions, illegal practice of some medical institutions, and failure to implement some schools' health and safety systems; inadequate guarantee conditions for the implementation of laws and regulations; some local health and family planning administrative departments shall be implemented in accordance with the law, medical institutions and their medical personnel shall practice in accordance with the law, and schools shall have the awareness and level of implementing statutory responsibilities; some contents of the "one law and four regulations" are no longer in line with the current economic and social development situation and the actual situation of grassroots work, and some legal systems lack supporting implementation rules or operating methods, and laws and regulations themselves need to be revised and improved.
doctor representative proposal
National People's Congress representative, Zhejiang Province's key medical support discipline leader, Taizhou City famous doctor Chen Haixiao suggested revision of the "Practical Physician Law of the People's Republic of China" to solve the medical reform problems at the fundamental level.
In this regard, Chen Haixiao put forward 7 suggestions for revision of the "Practicing Physicians Law".
1. Clarify the immunity of physician treatment
Doctor treatment treatment immunity: Under normal circumstances, the general rights of doctors are subject to the rights of patients to realize the basic requirements of freedom, autonomy and joint participation of patients for their own health. However, in extremely specific situations such as saving lives, it is necessary to limit the patient's autonomy to fulfill the doctor's obligations such as life support and health rescue for patients and the purpose of being responsible for the fundamental rights and interests of patients. This right of a doctor is called the doctor's treatment immunity. The Practicing Physicians Act should provide for which emergency situations doctors have the privilege of medical intervention and may be exempted from liability for adverse consequences arising from rescue unless there is intentional or gross negligence or fault.
2. Establish a part-time practice system for doctors
Management methods for part-time doctors: part-time management methods for part-time doctors in medical institutions, clarify the legal relationship between part-time doctors and medical institutions and the way of bearing legal responsibilities; clarify the basic conditions for part-time doctors to be invited to medical institutions, if they are hired, they must purchase physician liability insurance. The income obtained by part-time doctors should be transparent and should not be traded privately. The hospital where the part-time doctors are invited should also be supervised by the tax department.
3. Regarding the registration procedure for physician examination
According to the current "Practicing Physician Law", medical school graduates must be under the guidance of a practicing physician and only after the probation period expires one year before they are eligible to take the practicing physician qualification examination . In the " Labor Law of the People's Republic of China ", there are prohibitions on "the probation period shall not exceed six months". When revising, it should be clarified how to reasonably resolve the contradiction between labor employment contracts and the period of obtaining professional qualifications under the overall framework of the Labor Law.
4. Establish a basic information disclosure system for practicing physicians
At present, the phenomenon of illegal medical practice in my country still exists. It is difficult for a patient to know whether the doctor who treats him is qualified to be a practicing physician and whether he has been legally registered. It is recommended that the "Practicing Physician Law" stipulate that the state establishes a national basic information database for practicing physicians. The website of the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government should publish the basic information of registered legal practitioners to the public, including their name, scope of practice, whether there are any bad records, etc.
5. Regarding the existing legal provisions of online medical services
, there are restrictions on online diagnosis and treatment, and telemedicine is restricted to medical institutions. How to determine the jurisdiction after a medical dispute occurs in an institution that provides online medical services? The connection between the multi-point practice of a doctor and the online medical services needs to be clarified.
6. Regarding the lifelong ban system for doctors
ban is the most effective restraining mechanism for professional people (such as doctors, lawyers, accountants, asset appraisers, etc.). The current Practice Physician Law does not establish such a punitive mechanism. If some medical violations that are highly angry with the public in society but may not constitute a crime, they can be punished for prohibition. If the drug abuse causes disability and death, accepts commercial bribes or red envelopes with multiple times, conducts sex identification of fetals that are not required by medical treatment or artificial termination of pregnancy, etc., they should be punished for prohibition.
7. Make clear provisions on the nature, organizational form and rights and obligations of the Physicians Association
For Article 7 of the "Practicing Physicians Law", it is recommended to amend it to: "The Physicians Association is a self-disciplined guild organization of doctors. Anyone who obtains the qualification of a practicing physician in accordance with the law should apply to become a member of the China Physicians Association, accept the leadership of the China Physicians Association, abide by its charter, enjoy the rights in the charter and assume their obligations . Organize and implement a national unified physician qualification examination to register doctors for applicants who meet the statutory conditions, protect doctors’ practice in accordance with the law, safeguard doctors’ legal rights and interests, summarize and exchange doctors’ work experience, organize doctors’ business training, and educate, inspect and supervise doctors’ professional ethics and professional discipline; organize doctors to conduct external exchanges, mediate disputes arising in physicians’ practice activities, and give doctors rewards or punishments to them in accordance with the charter."
