How should the legal rights and interests of doctors be protected?
Doctors' super explanation of whether the behavior of taking medicine and practicing multi-institutions is legal?
Doctors should bear responsibility if they rescue people in emergency conditions and cause damage?
...
As a medical worker, do you also have such troubles and confusions?
Don’t worry, the newly issued "Doctor Law" will help you solve your worries and doubts.
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 will officially implement the "Doctor Law" on March 1, 2022, with a total of 7 chapters and 67 articles, which clearly stipulate that August 19 of each year is China Physicians' Day.
The promulgation and implementation of the "Doctor Law" provides effective legal guarantees for protecting the legitimate rights and interests of doctors, regulating the professional behavior of doctors, strengthening the construction of the physician team, protecting people's health, and implementing the Healthy China strategy. It is an important achievement in the construction of socialist rule of law in the new era. In order to adapt to the development laws of the times and take solving practical problems as the starting point, the newly promulgated "Doctor Law" not only covers some of the contents of the Practical Physician Law, but also stipulates some "new highlights", which are also attracting attention, including the first time that the lifelong ban on doctors is proposed, giving doctors autonomy in diagnosis and treatment, raising the entry threshold for physicians, and opening up the practice of multi-institutions of physicians. In order to help our hospital doctors learn, know and use the law, and to enhance our hospital doctors’ awareness of using legal weapons to protect their legitimate rights and interests, enhance our hospital doctors’ ability to use legal thinking and legal awareness to deal with practical problems, and promote the harmonious, safe and stable medical team of our hospital. The following review of the relevant contents of the "Doctor Law":
1. Definition of doctors.
Physicians referred to in this law refer to professional medical personnel who have obtained the qualification of a physician in accordance with the law and have been registered to practice in medical and health institutions, including practicing physicians and practicing assistant physicians. --- Article 2 of the "Doctor Law"
2. The doctor's medical responsibility.
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.
-- Article 3 of the Physician Law.
3. Improved the physician's salary system.
The country establishes and improves personnel, salary, professional title and reward systems that reflect the professional characteristics of physicians and the value of technical labor. Article 44 of the "Doctor Law" Medical and health institutions shall arrange their working hours reasonably for physicians, implement the paid leave system, and conduct regular health checks.
-- Article 51 of the "Doctor Law"
4. Regulations on emergency treatment of doctors.
For patients who need emergency treatment, doctors should 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; doctors who cause harm to the recipients due to voluntary first aid will not bear civil liability .
--- Article 27 of the "Doctor Law"
5. Grant doctors the autonomy of diagnosis and treatment.
In special circumstances such as no effective or better treatment methods, after obtaining the patient's clear informed consent, the doctor 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 29, Paragraph 2 of the "Doctor Law"
According to this article, doctors can use drugs based on evidence-based medical evidence and enjoy more autonomy in diagnosis and treatment of special diseases.
6. Strengthen personal safety protection for doctors.
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 49, Article 2 and Article 3 of the Physician Law
Medical and health institutions shall provide doctors 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 50 of the Physician Law
7. Regulations on strengthening the construction of a modern disease prevention and control system.
When encountering emergencies that seriously threaten people's lives and health, such as natural disasters, accidents, public health incidents, and social security incidents, the health and health department of the people's government at or above the county level organizes physicians to participate in health emergency response and medical treatment as needed. doctors shall obey the dispatch of .
-- Article 32 of the Physician Law
Medical institutions shall establish and improve management systems and strictly implement in-hospital infection prevention and control measures.
-- Article 45, Paragraph 2 of the Physician Law
8. Regulations on preventing "over-medical care".
Physicians 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 31 of the "Doctor Law"
(Doctor) shall take advantage of his 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...... He shall bear corresponding legal responsibilities.
---Article 5 of the "Doctor Law"
9. Provisions on "promoting the integration of traditional Chinese and Western medicine".
Traditional Chinese medicine and integrated traditional Chinese and Western medicine doctors can practice in traditional Chinese medicine, integrated traditional Chinese and Western medicine or other clinical departments in medical institutions according to the registered practice category and scope of practice. If a doctor passes the relevant professional training and assessment, he or she can increase his or her practice scope.
Traditional Chinese medicine practitioners who have obtained medical qualifications through examinations in accordance with relevant national regulations and passed the training and assessment, they can adopt Western medical technical methods related to their majors 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 14 of the Physician Law Article 2, 3 and 4
10. The first proposed "lifelong ban" is.
"Doctors who seriously violate the professional ethics and medical ethics norms of doctors and cause bad social impacts will be prohibited from engaging in medical and health services or medical clinical research for five years until their lifetime.
-- Article 58 of the "Doctor Law"
11. Regulations on Internet medical care and remote consultation.
Practical physicians can 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 30 of the Physician Law
(Supply: Audit Department)
