| Category | PUBLIC HEALTH AND MEDICINE | Organ of Promulgation | The Standing Committee of the National People’s Congress | Status of Effect | In Force |
| Date of Promulgation | 1998-06-26 | Effective Date | 1999-05-01 |
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Law of the People’s Republic of China on Medical Practitioners |
|---|
Contents
Chapter I General Provisions
Chapter II Examination and Registration
Chapter III Practising Rules
Chapter IV Evaluation and Training
Chapter V Legal Liability
Chapter VI Supplementary Provisions
(Adopted at the 3rd Meeting of the Standing Committee of the Ninth
National People’s Congress on June 26, 1998 and promulgated by Order No. 5 of
the President of the People’s Republic of China on June 26, 1998)
Contents
Chapter I General Provisions
Chapter II Examination and Registration
Chapter III Practising Rules
Chapter IV Evaluation and Training
Chapter V Legal Liability
Chapter VI Supplementary Provisions
Chapter I General Provisions
Article 1 This Law is enacted for the purpose of strengthening a
contingent of doctors, improving occupational morals and professional skills
of doctors, safeguarding legitimate rights and interests of doctors, and
protecting the people’s health.
Article 2 This Law is applicable to professional medical workers who are
qualified as medical practitioners or assistant medical practitioners
according to law and registered to practise medicine in institutions of
medical treatment, prevention or health care.
“Doctors” referred to in this Law include medical practitioners and
assistant medical practitioners.
Article 3 Doctors should possess good occupational morals and
professional medical knowledge, practise humanitarianism, and perform the
sacred duties of preventing and treating diseases, healing the wounded and
rescuing the dying and protecting the people’s health.
The whole society should respect doctors. Doctors are protected by law in
performing duties according to law.
Article 4 The administrative department of health under the State Council
shall be responsible for the work for doctors throughout the country.
Administrative departments of health under local people’s governments at
or above the county level shall be responsible for the work for doctors within
their respective administrative regions.
Article 5 The state rewards doctors who have made contributions to
medical treatment, prevention of diseases and health care.
Article 6 Medical professional and technical post_titles of doctors and the
appraisal and appointment of medical professional and technical posts for
doctors shall be handled according to relevant state provisions.
Article 7 Doctors may organize and join the doctors’ association
according to law.
Chapter II Examination and Registration
Article 8 The state practises an examination system for the
qualifications of doctors. The examination for the qualifications of doctors
shall be composed of the examination for the qualifications of medical
practitioners and the examination for the qualifications of assistant medical
practitioners.
Measures for the unified examination for the qualifications of doctors
shall be worked out by the administrative department of health under the State
Council. The examination for the qualifications of doctors shall be organized
by administrative departments of health under people’s governments at or above
the provincial level.
Article 9 Anyone who satisfies any of the following conditions may
participate in the examination for the qualifications of medical practitioners:
(1) Anyone who has received at least regular medical college education in
an institution of higher learning, and has, under the supervision of a medical
practitioner, served at least one year on probation in an institution of
medical treatment, prevention or health care; or
(2) On the strength of the practising certificate of assistant medical
practitioners, anyone who has received junior college medical training in an
institution of higher learning and has served at least two years in an
institution of medical treatment, prevention or health care; or has received
medical training in a secondary training school and has served at least five
years in an institution of medical treatment, prevention or health care.
Article 10 Anyone who has received junior college medical training in an
institution of higher learning or received medical training in a secondary
training school and has, under the supervision of a medical practitioner,
served at least one year on probation in an institution of medical treatment,
prevention or health care, may participate in the examination for the
qualifications of assistant medical practitioners.
Article 11 Anyone who has studied traditional medicine under a teacher
for at least three years or has really acquired specialized knowledge of
medicine in his many years’ career, if he is recommended upon examination by
an organization of traditional medicine profession or an institution of
medical treatment, prevention or health care which shall be designated by the
administrative department of health under the people’s government at or above
the county level, may participate in the examination for the qualifications of
medical practitioners or the examination for the qualifications of assistant
medical practitioners. The examination contents and form shall be separately
fixed by the administrative department of health under the State Council.
Article 12 Examinees who pass the examination for the qualifications of
doctors shall be awarded the qualifications of medical practitioners or
assistant medical practitioners.
Article 13 The state practises a registration system for doctors to
practise medicine.
Anyone who has been awarded the qualifications as a doctor may apply to
the administrative department of health under the local people’s government at
or above the county level for registration.
Except under the circumstances prescribed in Article 15 of this Law, the
administrative department of health accepting the application should grant
registration within 30 days from the date of receiving the application and
issue the practising certificate of doctors uniformly printed by the
administrative department of health under the State Council.
Institutions of medical treatment, prevention or health care may go
through registration procedures for all of their own doctors.
Article 14 Doctors may, upon registration, work in institutions of
medical treatment, prevention or health care according to the registered
place, category and scope of business to engage in relevant services of
medical treatment, prevention or health care.
Anyone who fails to be registered as a doctor and obtain the practising
certificate shall not practise medicine.
Article 15 Under any of the following circumstances, registration shall
not be granted:
(1) where a person has not full capacity for civil conduct;
(2) where, for a person having been sentenced to criminal punishment, it
is not more than two years from the date of the end of the punishment to the
date of applying for registration;
(3) where, for a person having been imposed administrative punishment by
which his practising certificate of doctors was revoked, it is not more than
two years from the date of the decision on the punishment to the date of
applying for registration; or
(4) where other circumstances unsuitable for services of medical
treatment, prevention or health care exist as prescribed by the administrative
department of health under the State Council.
If registration is not granted to the applicant who fails to satisfy the
conditions, the administrative department of health accepting the application
should notify the applicant in writing within 30 days from the date of
receiving the application and explain the reasons for this decision. Any
applicant who has an objection to this decision may apply for reconsideration
or bring a lawsuit before a people’s court according to law within 15 days
from the date of receiving the notice.
Article 16 Under any of the following circumstances, the institution of
medical treatment, prevention or health care to which a doctor obtaining
registration belongs should, within 30 days, report the circumstance to the
administrative department of health granting the registration. The
administrative department of health should cancel the registration and
withdraw the practising certificate of doctors.
(1) where the doctor dies or is declared as missing;
(2) where the doctor is sentenced to criminal punishment;
(3) where the doctor is imposed administrative punishment by which his
practising certificate of doctors is revoked;
(4) where the doctor fails again in a new evaluation upon expiration of
the period of time during which his practice is suspended according to the
provisions of Article 31 of this Law;
(5) where the doctor has ceased his practice for at least two years; or
(6) under other circumstances unsuitable for services of medical
treatment, prevention and health care as prescribed by the administrative
department of health under the State Council.
The person who has an objection to the cancellation of his registration
may apply for reconsideration or bring a lawsuit before a people’s court
within 15 days from the date of receiving the notice of the cancellation of
registration.
Article 17 Any doctor who intends to change his registration of the
place, category or scope of business should go through the procedure for the
change of registration at the administrative department of health granting the
registration according to the provisions of Article 13 of this Law.
Article 18 Where anyone has ceased his practice of medicine for more than
two years or the circumstance prescribed in Article 15 of this Law has
disappeared, if he intends to apply for resumption of his practice, he should
succeed in the evaluation by the institution prescribed in Article 31 of this
Law and renew his registration according to the provisions of Article 13 of
this Law.
Article 19 Any medical practitioner who intends to apply for opening his
practice individually must, upon registration, practise medicine in an
institution of medical treatment, prevention or health care for at least five
years and go through examination and approval procedures according to relevant
state provisions; without approval, no one may open his practice.
Administrative departments of health under local people’s governments at
or above the county level should make supervisions and inspections of
individual doctors at regular intervals as required by the administrative
department of health under the State Council and should cancel registration in
time and withdraw the practising certificates of doctors upon discovery of the
circumstances prescribed in Article 16 of this Law.
Article 20 Administrative departments of health under local people’s
governments at or above the county level should announce to the public the
name lists of persons whose registration has been granted or cancelled.
Administrative departments of health under provincial people’s governments
should collect these lists and report the combined lists to the administrative
department of health under the State Council for the record.
Chapter III Practising Rules
Article 21 A doctor enjoys the following rights in practising medicine:
(1) within the registered scope of business, making medical diagnosis,
diseases examination and medical prescription, providing the relevant medical
certifications and selecting reasonable plans for medical treatment,
prevention or health care;
(2) obtaining medical instruments and necessary conditions commensurate
with his practice of medicine according to the standards set by the
administrative department of health under the State Council;
(3) engaging in medical research and academic exchanges and joining
professional learned societies;
(4) participating in professional training and receiving continued medical
education;
(5) protecting the personal dignity and the personal security from
encroachment in practising medicine;
(6) earning wages, remuneration and subsidies and enjoying the welfare
set by the state; and
(7) putting forward opinions and proposals for the work of his own
institution of medical treatment, prevention or health care and the work of
the administrative department of health and participating in the democratic
management of his own institution according to law.
Article 22 A doctor shall perform the following obligations in practising
medicine:
(1) observing laws and regulations and following the technical and
operating rules;
(2) cultivating the sense of responsibility in the work, following
professional disciplines, performing a doctor’s duties and serving patients
conscientiously;
(3) caring for, loving and respecting patients and guarding patients’
privacy;
(4) endeavouring to gain professional proficiency, updating knowledge and
increasing professional and technical competence; and
(5) disseminating hygienic and health care knowledge and instructing
patients in health care.
Article 23 Doctors adopting measures of medical treatment, prevention or
health care or signing the relevant medical certificates must make diagnosis
and examination in person and work out medical documents in time according to
provisions, and shall not conceal, forge or destroy medical documents and
relevant materials.
Doctors shall not work out medical documents irrelevant to their own
scopes of business or not consistent with their own categories of business.
Article 24 Doctors should adopt emergency measures to examine and treat
patients who are suffering from acute diseases or dangerously ill and shall
not refuse to give emergency treatment.
Article 25 Doctors should use medicines, disinfectants and medical
instruments the use of which has been approved by the relevant departments of
the state.
Narcotics, toxic drugs for medical use, psychotropic substances and
radioactive drugs shall not be used except for proper diagnosis and treatment.
Article 26 Doctors should truthfully explain the patients’ conditions to
the patients and their family members provided that attention is paid to avoid
an adverse effect on the patients.
Doctors should obtain the approval of the hospitals and the consent of the
patients themselves or their family members for experimental clinic treatment.
Article 27 Doctors shall not take advantage of their positions to extort
or illegally accept the patients’ property or seek other illegitimate gains.
Article 28 In the event of a natural disaster, the spreading of an
infectious disease, an unexpected heavy casualty or other emergencies
seriously threatening the people’s lives and health, doctors should accept
assignments by order of the administrative department of health under the
people’s government at or above the county level.
Article 29 Doctors causing an accident in medical treatment or
discovering the epidemic situation of infectious diseases should timely report
the case to their own institutions or to the administrative department of
health according to relevant provisions.
Doctors discovering suspected involvement of their patients in a case of
injury or discovering an unnatural death of their patients should report the
case to the competent authorities according to relevant provisions.
Article 30 Assistant medical practitioners should, under the supervision
of medical practitioners, practise medicine according to the categories of
business in institutions of medical treatment, prevention or health care.
Assistant medical practitioners who work in institutions of medical
treatment, prevention or health care of townships, nationality townships or
towns may, in the light of the conditions and needs of medical treatment,
engage in general practice of medicine on their own.
Chapter IV Evaluation and Training
Article 31 Institutions or organizations entrusted by the administrative
department of health under the people’s government at or above the county
level should make evaluation of doctors at regular intervals in respect of
their professional skills, achievements in work and occupational morals in
accordance with practising standards of doctors.
Evaluation institutions should report evaluation results of doctors to the
administrative department of health granting registration for the record.
The administrative department of health under the people’s government at
or above the county level may order doctors who fail in evaluation to suspend
their practice of medicine for three to six months and to accept training and
continued medical education. Up expiration of the period of time for the
suspending of practice, a new evaluation shall be made. Those who succeed in
the new evaluation shall be permitted to resume their practice of medicine. If
anyone fails in the evaluation, the administrative department of health under
the people’s government at or above the county level shall cancel his
registration and withdraw his practising certificate of doctors.
Article 32 The administrative department of health under the people’s
government at or above the county level shall be responsible for guiding,
inspecting and supervising evaluation of doctors.
Article 33 Under any of the following circumstances, the administrative
department of health under the people’s government at or above the county
level should commend or give awards to the doctors.
(1) where a doctor shows noble character and has made outstanding
achievements in his practice of medicine;
(2) where a doctor has made an important breakout in medical professional
skills and thereby made remarkable contributions;
(3) where a doctor has behaved exceedingly well to heal the wounded and
rescue the dying, make diagnosis and give emergency treatment at the time of
the occurrence of a natural disaster, the spreading of an infectious disease,
the occurrence of an unexpected heavy casualty or other emergencies seriously
threatening the people’s lives and health;
(4) where a doctor has worked hard for a long time in a grass-roots unit
with poor conditions of a remote and impoverished region or a minority
nationality region; or
(5) under other circumstances where commendation or awards should be given
as prescribed by the administrative department of health under the State
Council.
Article 34 The administrative department of health under the people’s
government at or above the county level should work out plans for training of
doctors, train doctors in various forms and provide conditions for doctors to
receive continued medical education.
The administrative department of health under the people’s government at
or above the county level should adopt effective measures to train medical
workers who are engaged in services of medical treatment, prevention or health
care in rural areas and minority nationality regions.
Article 35 Institutions of medical treatment, prevention or health care
should guarantee training and continued medical education of their own doctors
according to provisions and planning.
Medical and health institutions entrusted by the administrative department
of health under the people’s government at or above the county level to
undertake the evaluation of doctors should provide and create conditions for
training and continued medical education of doctors.
Chapter V Legal Liability
Article 36 If anyone obtains the practising certificate for doctors by
unjustified means, the administrative department of health issuing the
practising certificate shall revoke the practising certificate. The person in
charge directly responsible and other persons directly responsible shall be
imposed disciplinary sanctions according to law.
Article 37 If any doctor commits any of the following acts in practice of
medicine in violation of the provisions of this Law, the administrative
department of health under the people’s government at or above the county
level shall give him a warning or order him to suspend his practice of
medicine for not less than six months and not more than one year. If the
circumstances are serious, the practising certificate shall be revoked. If a
crime has been constituted, criminal liability shall be investigated according
to law.
(1) violating administrative regulations and rules of health or technical
and operating rules and thereby causing severe consequences;
(2) due to negligence of duty, delaying diagnosis and emergency treatment
of a patient who is suffering from an acute disease or dangerously ill and
thereby causing severe consequences;
(3) causing an accident in medical treatment;
(4) without diagnosis and examination personally, signing certifications
of diagnosis, medical treatment and epidemiology or certifications regarding
birth or death;
(5) concealing, forging or destroying without authorization medical
documents and other relevant materials;
(6) using medicines, disinfectants and medical instruments the use of
which has not been approved;
(7) in violation of provisions, using narcotics, toxic drugs for medical
use, psychotropic substances and radioactive drugs;
(8) without the consent of a patient or his family members, giving
experimental clinic treatment to the patient;
(9) divulging the privacy of a patient and thereby causing severe
consequences;
(10) taking advantage of the position to illegally accept patients’
property or seek other illegitimate gains;
(11) refusing to accept assignments by the administrative department of
health at the time of the occurrence of a natural disaster, the spreading of
an infectious disease, the occurrence of an unexpected heavy casualty or other
emergencies seriously threatening the people’s lives and health; or
(12) failing to report to the competent authorities according to
provisions when causing an accident in medical treatment or discovering the
epidemic situation of infectious diseases, suspected involvement of a patient
in a case of injury or an unnatural death of a patient.
Article 38 Doctors causing accidents in medical treatment, prevention or
health care shall be handled according to law or relevant state provisions.
Article 39 Establishing a medical institution for practice of medicine
without approval or opening practice of medicine by an unqualified doctor
shall be banned by the administrative department of health under the people’s
government at or above the county level; the illegal gains and medicines and
instruments involved in the case shall be confiscated, a fine of not more than
RMB 100,000 yuan imposed and, if there is any doctor involved, the practising
certificate of doctors revoked; if harm occurs to the patient, the person who
causes the harm shall bear the responsibility of compensation according to
law; if a crime has been constituted, criminal liability shall be investigated
according to law.
Article 40 Anyone who obstructs a doctor from his legal practice of
medicine, insults, slanders, threats or strikes a doctor, or encroaches on the
personal freedom of a doctor, or interferes in normal work and life of a
doctor shall be penalized according to the provisions of the Regulations on
Administrative Penalties for Public Security; if a crime has been constituted,
criminal liability shall be investigated according to law.
Article 41 If any institution of medical treatment, prevention or health
care fails to perform its duty of reporting according to the provisions of
Article 16 of this Law and thereby causes severe consequences, the
administrative department of health under the people’s government at or above
the county level shall give it a warning and impose disciplinary sanctions
upon the person in charge of this institution according to law.
Article 42 Personnel of the administrative department of health or of any
institution of medical treatment, prevention or health care who, in violation
of relevant provisions of this Law, practise fraud, neglect duties, abuse
powers or engage in malpractice for their personal gains, if the act has not
constituted a crime, shall be imposed disciplinary sanctions according to law;
if the act has constituted a crime, the offender shall be investigated for
criminal liability according to law.
Chapter VI Supplementary Provisions
Article 43 With respect to those who obtained technical post_titles and
technical posts in medicine according to relevant state provisions before the
date of promulgation of this Law, the institutions to which they belong shall
report the case to the administrative department of health under the people’s
government at or above the county level for ratification and then the
qualifications as doctors shall be granted respectively to them. If they are
medical workers engaging in services of medical treatment, prevention or
health care in institutions of medical treatment, prevention or health care,
the institutions to which they belong shall report the case as a whole upon
rectification to the administrative department of health under the people’s
government at or above the county level and registration shall be granted and
the practising certificates of doctors shall be issued to them in line with
the conditions as prescribed in this Law . Detailed measures shall be worked
out by the administrative department of health under the State Council in
conjunction with the administrative department of personnel under the State
Council.
Article 44 This Law is applicable to doctors in technical service centres
for birth control.
Article 45 Village doctors who provide for villagers services of
prevention, health care or general medical treatment in medical and health
institutions of rural areas may, if they are in conformity with relevant
provisions of this Law, be granted the qualifications of medical practitioners
or assistant medical practitioners according to law. Measures for the
administration of village doctors who have not yet qualified as medical
practitioners or assistant medical practitioners as required by this Law shall
be formulated separately by the State Council.
Article 46 Measures for the implementation of this Law by doctors in the
Army shall be formulated by the State Council and the Central Military
Commission according to the principles of this Law.
Article 47 App