On August 20, 2021, the 30th meeting of the Standing Committee of the 13th National People's Congress voted to pass " Physician Law of the People's Republic of China " , which will come into effect on March 1, 2022. The original " Practical Physician Law of the People's Republic of China " will be abolished at the same time.
The new " Doctor Law " has a total of 7 chapters and 67 articles, providing 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.
The background and significance of the promulgation of the "Doctor Law"
Background: The "Practicing Physician Law of the People's Republic of China" has been implemented for more than 20 years since its promulgation in 1998. The times are progressing, and technology is developing, especially the development of medical technology is changing with each passing day. Many new situations and new problems have emerged in the construction and management of the physician team. The original practicing physician method can no longer adapt to actual work needs well. For example, some provisions are too principled and not very operational, the practice management of doctors needs to be strengthened, and the responsibilities and rights and obligations of doctors need to be further clarified. Therefore, it is necessary to modify the Practical Physician Law.
significance: The report of the 19th National Congress of the Communist Party of China proposed the "Implementation of the Healthy China Strategy". We must promote the construction of a healthy China and ensure the health of the people throughout their life cycle. The team of doctors is a very important part. Only when our country's laws legally protect the rights and interests of physicians' professional behavior, practice safety, diagnosis and treatment standards, can this team grow healthier and faster and serve the general public better.
Legislative process of the "Doctor Law"
Amendment to the Practical Physician Law is a legislative planning project of the Standing Committee of the 13th National People's Congress.
On January 20, 2021, at the 25th meeting of the Standing Committee of the 13th National People's Congress, Liu Qian, deputy chairman of the Education, Science, Culture and Health Committee of the National People's Congress, explained the revision of the Practical Physician Law. The draft has added a chapter of "safeguard measures" and has made significant changes to the current laws.
On June 7, 2021, the 29th meeting of the Standing Committee of the 13th National People's Congress heard the report on the amendment of the Draft of the Physician Law by Cong Bin .
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". Physician Law will be implemented on March 1, 2022.
Highlights of the "Doctor Law"
Highlight 1: Protect the legitimate rights and interests of doctors and reflect the importance of the professional
The opening of the Doctor Law clearly stipulates that the legitimate rights and interests of doctors are protected. The Physician Law adjusts the protection of the legitimate rights and interests of doctors to the first sentence, reflecting the state's attention and protection of the rights and interests of doctors. The whole society should respect doctors and encourage doctors to better provide high-quality services to the public.
Highlight 2: Standardize the professional behavior of doctors and ensure the quality and safety of diagnosis and treatment
Medicine is an exploratory and high-risk science. Diagnosis and treatment technology requires the support of evidence-based medicine. Therefore, it is clear from a legal perspective that doctors must follow relevant clinical operating guidelines, medical ethics and other norms during the practice process to ensure the quality and safety of diagnosis and treatment.
Highlight 3: Under the guidance of evidence-based medicine, doctors can be given more autonomy in diagnosis and treatment
This revision For drugs that are used beyond the instructions, in special circumstances such as no effective or better treatment methods, after the doctor obtains the patient's clear informed consent, he can use the use of drugs that are not specified in the instructions but have evidence-based medical evidence to carry out treatment.
This law also proposes that doctors should abide by medical ethics norms to carry out clinical trials of drugs, medical devices and other medical clinical studies; for rare diseases and special diseases, doctors can expand medication use and conduct exploratory and experimental treatment based on evidence-based medical evidence and with the informed consent of the patients. not only regulates the doctor's diagnosis and treatment behavior, but also expands the doctor's autonomy in diagnosing and treating special diseases.
Highlight 4: It is clear that if a doctor causes damage to the recipient due to voluntary first aid in public places, he will not bear civil liability
"Respect life, save lives and help the wounded, be willing to contribute, and have boundless love" is the connotation of the doctor's professional spirit, but this professional spirit needs to be guaranteed by a series of systems, otherwise the doctors' enthusiasm for treatment will be affected.
Physician Law clearly states that Doctors voluntarily implement the provision of first aid exemption in public places . The exemption from first aid outside the hospital fully reflects the legal principle of legislating for the people, otherwise people with sudden illness may lose the opportunity to receive assistance.
Highlight 5: Regulatory training for resident physicians and specialist training into the method
This method improves the physician education training and assessment system . The country continues to reform, explore and try in medical education. On the basis of summarizing experience, this law stipulates that the state formulates a doctor training plan, strengthens medical education coordination, and improves the system of medical school education, post-graduate education and continuing medical education.
Not only that, the law also improves the legal responsibilities for violating the practice standards of physicians and constructs the management system of physicians from multiple dimensions to provide strong legal guarantees for the construction of the physician team.
Previously, the starting point of the academic qualification of in my country's doctor qualification examination was a technical secondary school. This legal revision broke through the previous management ideas and promoted the minimum starting point of the medical qualification examination from a technical secondary school to a junior college. This method also stipulates the application of Western medicine technology methods for traditional Chinese medicine physicians .
Highlight 6: Putting experience in the prevention and control of the new coronavirus pneumonia into the law
The new coronavirus pneumonia epidemic also exposes the lack of public health talents in my country and the shortcomings of the infectious disease reporting system. To this end, the law actively summarizes and absorbs successful experiences and practices in epidemic prevention and control, and stipulates that the state establishes a talent training and use mechanism that adapts to a modern disease prevention and control system to lay a talent foundation for responding to new and sudden infectious diseases.
This Law stipulates that in the event of emergency and national defense mobilization needs, doctors shall obey the dispatch of health and health authorities, laying a solid legal foundation for the dispatch of human, money and property in emergency situations; the prevention and control of infectious diseases requires multi-point monitoring, and as the most important trigger point for new and sudden infectious diseases, doctors shall have the obligation to report in a timely manner when discovering infectious diseases, diseases of unknown causes and abnormal health events.
Highlight 7: Give priority to the team of primary medical practitioners
Physicians Law proposes to strengthen the construction of primary medical and health teams and service capabilities, and promote equalization of medical services .
has formulated a series of measures that are tilted towards the grassroots level, stipulating that the state strengthens the construction of grassroots medical and health teams and service capabilities. Those who are promoted to associate high-tech professional titles should have experience of serving at the county level or below for more than one year; doctors go to grassroots medical and health institutions to consult at the grassroots level and practice in the medical alliance without changing registration, improving work convenience; grassroots secondary technical secondary school medical personnel are encouraged to obtain higher education through study, take the doctor qualification examination, and obtain doctor qualifications in accordance with the law.
Highlight 8: In order to ensure the safety of physician practice, strengthen efforts to ensure the safety of physicians' practice,
Physician Law stipulates that local governments and their relevant departments should incorporate medical disputes and handling work into the comprehensive social security governance system, 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. This regulation will play a very important role in preventing violent injuries to doctors and maintaining the professional safety of medical staff.
New Full text of "Doctor Law"
Doctor Law of the People's Republic of China
(adopted at the 30th meeting of the Standing Committee of the 13th National People's Congress on August 20, 2021)
Table of Directory
Chapter 1General
Chapter 2Exam and Registration
Chapter 3Professional Rules
Chapter 4Training and Assessment
Chapter 5Safeguard Measures
Chapter 6Legal Liability
Chapter 7Attachment
Chapter 1Presentation
Chapter 1Presentation
Highest Then, in order to protect the legitimate rights and interests of doctors, standardize the professional behavior of doctors, strengthen the construction of the physician team, protect people's health, and promote the construction of a healthy China, this law is formulated.
Article 2 The doctor referred to in this Law refers to professional medical personnel who have obtained the qualification of a doctor in accordance with the law and have been registered to practice in medical and health institutions, including practicing physicians and practicing assistant physicians.
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 their professional level, and fulfill their 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 4 The State Council’s health and health department is responsible for the management of physicians across the country. The State Council’s education, human resources and social security, traditional Chinese medicine and other relevant departments are responsible for the relevant physician management within their respective responsibilities.
The health and health department of local people's governments at or above the county level is responsible for the management of doctors within their administrative regions. The relevant departments of local people's governments at or above the county level shall be responsible for the relevant medical management work within their respective responsibilities.
Article 5 8 February 19 is Chinese Physician's Day .
Physicians who have made outstanding contributions to medical and health services will be commended and rewarded in accordance with relevant national regulations.
The whole society should respect doctors. People's governments at all levels should care for and love doctors, carry forward advanced deeds, strengthen business training, support pioneering and innovation, help solve difficulties, and promote the widespread formation of a good atmosphere of respecting doctors and health care in the whole society.
Article 6 The country has established and improved the system for setting, assessment and job appointment of medical professional professional titles, taking professional ethics, professional practical ability and work performance as important conditions, and scientifically set relevant assessment and appointment standards.
Article 7 Doctors may organize and participate in relevant industry organizations and professional academic groups such as the Medical Association in accordance with the law.
Physicians Association and other relevant industry organizations should strengthen industry self-discipline and physician practice standards, safeguard the legitimate rights and interests of doctors, and assist the health and health authorities and other relevant departments in carrying out relevant work.
Chapter 2 Examination and Registration
Article 8 The state implements the medical qualification examination system.
Physician Qualification Examination is divided into Practice Physician Qualification Examination and Practice Assistant Physician Qualification Examination. The physician qualification examination is organized and implemented by the health and health department of the people's government at or above the provincial level. The categories and specific methods of the
Physician Qualification Examination shall be formulated by the health and health department of the State Council.
Article 9 If you have one of the following conditions, 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 universities, and under the guidance of a practicing physician and have participated in medical professional work practice in medical and health institutions for one year, you can take the qualification examination for practicing assistant physicians.
Article 11 If you have been studying traditional Chinese medicine for three years by teacher, or have had expertise in practicing medical skills for many years, you can pass the assessment and recommend it by a professional Chinese medicine organization or medical and health institution entrusted by the health and health department of the people's government at or above the county level and above, and you can take the traditional Chinese medicine physician qualification examination.
If you learn Chinese medicine through a teacher-led method 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 relevant examination and assessment methods stipulated in this article shall be formulated by the competent department of traditional Chinese medicine of the State Council and submitted to the competent department of health and health of the State Council for review and release.
Article 12 Pass the doctor qualification examination, obtain the qualification of a practicing physician or the qualification of a practicing assistant physician, and issue a physician qualification certificate.
Article 13 The state implements a medical registration system.
who obtains medical qualifications can apply for registration from the health and health department of the local people's government at or above the county level in the local area. Medical and health institutions may collectively handle registration procedures for applicants in this institution.
Except in the case where registration is not allowed as stipulated in this Law, the health and health authorities shall approve the registration within 20 working days from the date of acceptance of the application, enter the registration information into the national information platform, and issue doctor practice certificate .
is not allowed to engage in medical practice activities without registration.
The specific methods for the registration and management of physician practice shall be formulated by the health and health department of the State Council.
Article 14 After registration, physicians may practice in medical and health institutions according to the registered place, category, and scope of practice, and engage in corresponding medical and health services.
Traditional Chinese medicine and integrated traditional Chinese medicine doctors can practice in traditional Chinese medicine, integrated traditional Chinese medicine or other clinical departments in medical institutions according to the registered practice category and scope of practice.
Physicians can increase their professional scope after passing relevant professional training and assessment. If laws and administrative regulations stipulate the qualification conditions for physicians to engage in specific scope of professional activities, the provisions shall be followed.
Traditional Chinese medicine doctors who have obtained medical qualifications through examinations and passed the training and assessment can adopt Western medicine technical methods related to their profession in their practice activities. In accordance with relevant national regulations, Western medical doctors can adopt traditional Chinese medicine technical methods related to their profession in their practice activities after passing the training and assessment.
Article 15 If a doctor regularly practices in more than two medical and health institutions, he shall mainly use one medical and health institution and handle relevant procedures in accordance with relevant national regulations. The state encourages physicians 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.
The health and health authorities and medical institutions shall strengthen supervision and management of relevant doctors, standardize their professional behavior, and ensure the quality of medical and health services. Article 16: 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 from engaging in the profession of a doctor in accordance with the law is not over;
(III) Being revoked the medical practice certificate for less than two years;
(IV) Being cancelled for less than one year due to the failure of doctors to regularly assess ;
(V) Other circumstances in which medical and health services are not allowed to be engaged in laws and administrative regulations.
If the health and health authority that accepts the application fails to register, it shall notify the applicant and his medical and health institution in writing within 20 working days from the date of acceptance of the application and explain the reasons.
Article 17 If a doctor has any of the following circumstances after registration, the registration shall be cancelled and the doctor's practice certificate shall be abolished:
(I) Death;
(II) Criminal punishment;
(III) Revoked the doctor's practice certificate;
(IV) The doctor's regular assessment fails, the suspension of practice activities expires, and the re-assessment remains unqualified;
(V) The doctor's practice activities have been suspended for two years;
(V) Other circumstances where laws and administrative regulations stipulate that medical and health services are not allowed or cancellation procedures should be completed.
If there are circumstances specified in the preceding paragraph, the medical and health institution where the doctor is located shall report to the health and health competent department that is approved for registration within 30 days; if the health and health competent department finds that the doctor is in the circumstances specified in the preceding paragraph, it shall promptly inform the health and health competent department that is approved for registration. The health and health authorities that are approved for registration shall promptly cancel the registration and abolish the physician's practice certificate.
Article 18 If a doctor changes the registration matters such as practice location, practice category, scope of practice, etc., he/she shall go to the health and health authority that is allowed to register in accordance with the provisions of this Law to go through the registration procedures.
Physicians who engage in the following activities may not go through relevant registration procedures:
(I) Participate in standardized training, further training, counterpart support , consultation, emergency medical rescue, charity or other public welfare medical and free medical treatment;
(II) undertake national tasks or participate in important activities organized by the government, etc.;
(III) Practice in medical institutions within of the medical consortium.
Article 19 If the suspension of physician practice activities for more than two years or the circumstances of not being registered as stipulated in this Law disappear, and if an application for re-practice, the health and health department of the people's government at or above the county level or the medical and health institutions or industry organizations entrusted by it shall pass the assessment and shall be re-registered in accordance with the provisions of this Law.
Article 20 Individual doctors who practice medicine shall go through the approval or filing procedures in accordance with the law.
Individual practicing physicians must practice in medical and health institutions for five years after registration; however, those who have obtained the qualification of a traditional Chinese medicine physician in accordance with Article 11, paragraph 2 of this Law can practice medicine within the registered scope of practice after practicing according to the assessment content.
The health and health department of local people's governments at or above the county level shall supervise and inspect individual doctors who practice medicine in accordance with relevant national regulations. If they find that registration is cancelled in accordance with the provisions of this Law, they shall promptly cancel the registration and abolish the physician's practice certificate.
Article 21 The health and health department of local people's governments at or above the county level shall promptly announce the list of persons approved for registration and cancellation, and shall summarize it by the health and health department of the provincial people's government, submit it to the health and health department of the State Council for filing, and provide physician registration information inquiry services through the website in accordance with regulations.
Chapter 3 Practice Rules
Article 22 Physicians enjoy the following rights in their practice activities:
(I) Within the scope of registered practice, conduct medical diagnosis, disease investigation, medical disposal, issue corresponding medical certificate documents in accordance with relevant regulations, and choose reasonable medical, prevention and health care plans;
(II) Obtain labor remuneration, enjoy welfare benefits stipulated by the state, participate in social insurance in accordance with regulations and enjoy corresponding Treatment;
(III) Obtain basic professional conditions and occupational protective equipment that meets the national standards;
(IV) Engage in medical education, research, and academic exchanges;
(V) Participate in professional training and receive continuing medical education;
(VI) Put forward opinions and suggestions on the work of the medical and health institutions and health authorities in your area, and participate in the democratic management of your organization in accordance with the law;
(VII) Other rights stipulated by laws and regulations.
Article 23 Physicians perform the following obligations in their professional activities:
(I) Establish a spirit of professionalism, abide by professional ethics, perform the duties of a doctor, treat patients conscientiously, and implement public health measures such as epidemic prevention and control;
(II) Follow clinical diagnosis and treatment guidelines, abide by clinical technical operation standards and medical ethics standards, etc.;
(III) Respect, care for and care for patients, and protect patients' privacy and personal information in accordance with the law;
(IV) Work hard to study business, update knowledge, improve medical professional technical capabilities and levels, and improve the quality of medical services;
(V) Promote popular science knowledge that is compatible with the position, and provide health education and health guidance to patients and the public;
(V) Other obligations stipulated by laws and regulations.
Article 24 Doctors implement medical, preventive and health care measures and sign relevant medical certificates. They must personally diagnose and investigate and investigate, and fill in medical records and other medical documents in a timely manner in accordance with regulations. They shall not conceal, forge, tamper with or destroy medical records and other medical documents without authorization.
Doctors are not allowed to issue false medical certificates or medical certificates that are not related to their scope of practice or are inconsistent with their practice category.
Article 25 Doctors should explain the patient's condition, medical measures and other matters that need to be informed 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 Doctors conducting clinical trials of drugs, medical devices and other medical clinical research shall 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 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.
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 the use of diagnostic and treatment according to the specifications,
shall not be used for narcotic drugs, medical toxic drugs, psychotropic drugs, , radioactive drugs, etc.
Article 29 Physicians 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 the doctor obtains the patient's clear informed consent, he or she can use the use of drugs that are not specified in the drug instructions but have evidence-based medical evidence to perform 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 Practical 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 technology 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 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.
Article 32 When encountering emergencies such as natural disasters , accidents, public health incidents and social security incidents that seriously threaten people's lives and health, the health and health department of the people's government at or above the county level will organize doctors to participate in health emergency response and medical treatment as needed, and doctors shall obey dispatch.
Article 33 If any of the following circumstances occurs in the practice activities, the doctor shall promptly report to the medical and health institution or relevant departments and institutions in accordance with relevant regulations:
(I) Infectious diseases, sudden diseases of unknown causes or abnormal health events were discovered;
(II) Medical accidents occurred or found;
(III) Adverse reactions or adverse events related to drugs and medical devices were discovered ;
(IV) Fake drugs or inferior drugs ;
(V) Patients were found suspected of injury events or abnormal deaths;
(V) Other circumstances stipulated by laws and regulations.
Article 34 Practical assistant physicians shall practice in medical and health institutions according to the registered practice category and scope of practice under the guidance of the practicing physician.
Practical assistant physicians who practice in townships, ethnic townships, towns and village medical and health institutions, as well as county-level medical and health institutions in difficult and remote areas can independently engage in general practice activities based on medical and health services and their own practical experience.
Article 35 Medical students who participate in clinical teaching practice and medical graduates who have not obtained a medical practice certificate and have participated in medical professional work practice in medical institutions shall participate in clinical diagnosis and treatment activities under the supervision and guidance of practicing physicians. Medical and health institutions should provide necessary conditions for relevant medical students and medical graduates to participate in clinical diagnosis and treatment activities.
Article 36 Relevant industry organizations, medical and health institutions, and medical schools shall strengthen the medical ethics and medical style education of doctors.
Medical and health institutions should establish and improve systems such as doctor's job responsibilities, internal supervision, and complaint handling to strengthen the management of doctors.
Chapter 4 Training and Assessment
Article 37 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 , pediatrics, psychiatry, geriatric medicine, etc.
The country has taken measures to strengthen medical and educational coordination and improve medical school education, post-graduate education and continuing education systems.
countries have strengthened the training and allocation of primary medical and health talents with general practitioners as the focus through various channels.
The country 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 The state has established and improved a standardized training system for resident physicians, improved the clinical teaching incentive mechanism, ensured the benefits of resident physicians during training, and strictly managed the training process and completed assessment.
The country has established and improved a standardized training system for specialist doctors and continuously improved the level of specialized diagnosis and treatment of clinical physicians.
Article 39 The health and health authorities and other relevant departments of the people's government at or above the county level shall formulate a doctor's 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 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, and community health service centers 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 In the annual medical major enrollment plan and education and training plan, a certain proportion is approved for targeted training and entrusted training, and to strengthen the construction of the medical team at the grassroots and difficult and remote areas.
Relevant departments and medical institutions have signed an agreement with those who have received targeted training and entrusted training, and stipulate relevant benefits, years of service, breach of contract liability and other matters. The relevant personnel shall fulfill the obligations agreed 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 42 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, and 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.
The entrusted institution or organization shall file the doctor's assessment results with the health and health authority that is approved for registration.
For physicians who fail the assessment, the health and health department of the people's government at or above the county level shall order them to suspend their practice activities for three to six months and receive relevant professional training. The suspension of practice activities will be completed and the assessment will be conducted again. Those who pass the assessment will be allowed to continue practicing.
Article 43 The health and health department of the people's government at or above the provincial level is responsible for guiding, inspecting and supervising the assessment of physicians.
Chapter 5 Guarantee Measures
Article 44 The state has established and improved 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 shall provide appropriate allowances in accordance with relevant national regulations. The allowance standards should be adjusted regularly.
Doctors working at grassroots and difficult and remote areas enjoy allowances and subsidies 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 The state strengthens the construction of the disease prevention and control talent team and establishes a mechanism for training and use of doctors that adapt to a modern disease prevention and control system.
Disease prevention and control institutions, medical institutions at the second level or above, and township health centers, community health service centers and other grassroots medical and health institutions should be equipped with a certain number of public health physicians, and are engaged in public health work such as monitoring of disease and hazard factors in populations, risk assessment and analysis, monitoring and early warning, epidemiological investigation, , immunization planning management, occupational health management, etc. Medical institutions should establish and improve management systems and strictly implement in-hospital infection prevention and control measures.
The country 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 professional training for public health physicians, and improves the system and mechanism of combining medical and prevention and coordinated prevention and treatment of traditional Chinese and Western medicine.
Article 46 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 county-level medical and health personnel through county-level management and township recruitment and village use.
Practical physicians who are promoted to associate senior technical titles shall have experience in providing medical and health services to medical and health institutions at or below the county level or counterpart support for more than one year; after being promoted to associate senior technical titles, they shall provide medical and health services to medical and health institutions at or below the county level or counterpart support for more than one year, and shall be given priority to the senior technical title under the same conditions.
The state has taken measures to encourage people who have obtained the qualifications of practicing physicians or practicing assistant physicians to open village medical and health institutions in accordance with the law, or provide medical and health services in village medical and health institutions.
Article 47 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 take the physician qualification examination and obtain medical qualifications in accordance with the law.
The country has taken measures to help rural doctors improve their medical technology capabilities and levels through informatization and intelligent means, and further improve the multi-channel subsidy mechanism for rural doctors' service income and pension policies.
Specific management measures for rural doctors shall be formulated by the State Council.
Article 48 If a physician is in any of the following circumstances, he shall be commended and rewarded in accordance with relevant national regulations:
(I) In practice, he has noble medical ethics and outstanding deeds;
(II) Innovative in medical research and education, he has made major breakthroughs in medical professional technology, and has made significant contributions;
(III) In the event of emergencies, he will perform outstandingly in prevention, early warning, life and healing the wounded;
(IV) Work hard in county-level and below in difficult and remote areas for a long time;
(V) Make outstanding contributions in disease prevention, control and health promotion;
(V) Other circumstances stipulated by laws and regulations.
Article 49 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 public security in medical and health institutions and surrounding areas, 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 doctor’s personal dignity and personal safety through insults, slander, threats, and beatings.
Article 50 Medical and health institutions shall provide physicians with occupational safety and sanitary protective supplies and take effective sanitary protection and medical care measures.
If a doctor is injured by an accident or suffers illness or dies due to exposure to toxic or harmful factors during professional activities, he or she shall enjoy work-related injury insurance benefits in accordance with the provisions of relevant laws and administrative regulations.
Article 51 Medical and health institutions shall reasonably arrange working hours for doctors, implement paid leave systems, and conduct regular health checks.
Article 52 The country has established and improved a medical risk sharing mechanism. Medical institutions shall participate in medical liability insurance or establish or participate in medical risk funds. Patients are encouraged to participate in medical accident insurance.
Article 53 News media should carry out public welfare publicity on 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.
Chapter 6 Legal Liability
Article 54 Violating examination discipline and other behaviors in the physician qualification examination and other behaviors, and the circumstances are serious, it is prohibited to take the physician qualification examination within one to three years.
If a physician qualification certificate or a physician practice certificate is obtained by improper means, the health and health authority that issued the certificate will revoke it and the corresponding application will not be accepted within three years.
Forge, alter, buy, sell, rent or lend a medical practitioner certificate, the health and health department of the people's government at or above the county level shall order the correction, confiscate the illegal income, and impose a fine of not less than twice but not more than five times the illegal income. If the illegal income is less than 10,000 yuan, the calculation shall be based on 10,000 yuan; if the circumstances are serious, the medical practitioner certificate shall be revoked.
Article 55 If a doctor violates the provisions of this Law and commits any of the following behaviors in his or her practice activities, the health and health department of the people's government at or above the county level shall order it to correct the situation and give a warning; if the circumstances are serious, the practice activities shall be suspended for less than six months and one year until the physician's practice certificate is revoked:
(I) In providing medical and health services or conducting medical clinical research, he or she fails to fulfill his or her obligation of informed consent in accordance with the regulations;
(2) For patients who need emergency treatment, they refuse to deal with emergency treatment, or they may delay diagnosis and treatment due to irresponsible delays;
(III) In case of emergencies such as natural disasters, accidents, public health events and social security incidents that seriously threaten people's lives and health, they will not obey the dispatch of the health and health authorities;
(IV) Failure to report relevant circumstances in accordance with regulations;
(V) Violating laws, regulations, rules or practice norms, resulting in medical accidents or other serious consequences.
Article 56 If a doctor violates the provisions of this Law and commits any of the following behaviors in his or her practice activities, the health and health department of the people's government at or above the county level shall order the correction, give a warning, confiscate the illegal income, and impose a fine of not less than RMB 10,000 and not more than RMB 30,000; if the circumstances are serious, the practice activities shall be suspended for less than six months and not more than one year until the physician's practice certificate is revoked:
(I) Leak the patient's privacy or personal information;
(II) Issue false medical certificates, or sign diagnosis, treatment, or epidemic without personal diagnosis and investigation or investigation, sign diagnosis, treatment, or epidemic situation without personal diagnosis and investigation, signing diagnosis, treatment, or epidemic situation Medical certification documents or other documents related to birth and death;
(III) Conceal, forge, tamper with or without authorization to destroy medical records and other medical documents and related materials;
(IV) Failure to use narcotic drugs, medical toxic drugs, psychotropic drugs, radioactive drugs, etc. in accordance with regulations;
(V) Take advantage of your position to request, illegally accept property or obtain other improper benefits, or violate diagnosis and treatment standards, and cause adverse consequences to patients with unnecessary examinations and treatment;
(V) Carry out clinical application of prohibited medical technologies.
Article 57 If a doctor violates the provisions of this Law and fails to practice in accordance with the registered place of practice, category of practice, and scope of practice, the health and health department of the people's government at or above the county level or the traditional Chinese medicine department shall order the correction, give a warning, confiscate the illegal income, and impose a fine of not less than RMB 10,000 and not more than RMB 30,000; if the circumstances are serious, the practice activities of not less than six months and not more than one year shall be suspended until the physician's practice certificate is revoked.
Article 58 If a serious violation 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 shall be prohibited from engaging in medical and health services or medical clinical research for five years until life.
Article 59 If a violation of the provisions of this Law and is not a doctor practicing medicine, the health and health department of the people's government at or above the county level shall order it to stop illegal practice activities, confiscate illegal income, drugs and medical devices, and impose a fine of not less than twice but not more than ten times the illegal income. If the illegal income is less than RMB 10,000, it shall be calculated as RMB 10,000.
Article 60 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, public security management punishment shall be given in accordance with the law.
Article 61 If a medical and health institution violates the provisions of this Law and fails to perform its reporting duties and causes serious consequences, the health and health department of the people's government at or above the county level shall give a warning and the directly responsible supervisors and other directly responsible persons shall be punished in accordance with the law.
Article 62 If a health and health department and other relevant departments staff or staff of medical and health institutions commit fraud, abuse their power, neglect their duties, or commit favoritism and fraud in violation of the provisions of this Law, they shall be punished in accordance with the law.
Article 63 If a violation of the provisions of this Law and constitutes a crime, criminal liability shall be pursued in accordance with the law; if personal or property damage is caused, civil liability shall be borne in accordance with the law.
Chapter 7 Attachment
Article 64 The state takes measures to encourage personnel with medical professional qualifications in secondary vocational schools to improve their medical technical capabilities and levels by participating in higher-level academic education.
Persons who have obtained relevant medical professional qualifications in secondary vocational schools before the implementation of this Law and within a certain period after the implementation of this Law can take the medical qualification examination. The specific measures shall be formulated by the State Council’s health and health department in conjunction with the State Council’s education, traditional Chinese medicine and other relevant departments.
Article 65 The specific measures for the implementation of this Law by the People's Liberation Army of China and the People's Armed Police Force shall be formulated by the State Council and the Central Military Commission in accordance with this Law.
Article 66 Specific management measures for overseas personnel to participate in the medical qualification examination, apply for registration, practice, or engage in clinical teaching, clinical research, clinical academic exchange and other activities shall be formulated by the health and health department of the State Council.Article 67 of
This Law will come into effect on March 1, 2022. The "Practicing Physician Law of the People's Republic of China" is also abolished.
Source: CPPCC Network, NPC Network
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Editor: Wang Qiao Reviewer: Liu Zhiguo Lu Kaiyue
Editor: Zheng Lei
