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Law on Practicing Doctors of the People's Republic of China
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Law on Practicing Doctors of the People’s Republic of China
(Adopted at the third session of the Standing Committee of the Ninth National People’s Congress on June 26, 1998)
Contents
Chapter 1: General Provisions
Chapter 2: Examination and Registration
Chapter 3: Practicing Rules
Chapter 4: Assessment And Training
Chapter 5: Legal Responsibilities
Chapter 6: Supplementary Provisions
Chapter 1: General Provisions
Article 1: This Law is formulated in order to strengthen the building of the contingent of doctors, to raise the professional ethics and competence of doctors, to guarantee the legitimate rights and interests of doctors and to protect the health of the people.
Article 2: This Law is applicable to the professional medical personnel who have legally obtained the qualifications as practicing doctors or assistant practicing doctors and practice at institutions for medical treatment, disease prevention and healthcare after registration.
The practicing doctors (hereinafter referred to as ’Doctors’) in this law include practicing doctors and assistant practicing doctors.
Article 3: Doctors shall have sound professional ethics and high levels of competence for medical practice, demonstrate humanitarianism and fulfill the sacred responsibility for preventing and treating diseases, healing the wounded and rescuing the dying and safeguarding the health of people.
The whole society shall respect doctors. Doctors shall fulfill their duties according to law and be protected by law.
Article 4: The health administration department under the State Council shall supervise the work of the doctors nationwide.
Health administration departments of local people’s governments at and above the county level shall supervise the work of the doctors within their respective regions.
Article 5: The State shall award doctors who have made contributions to medical treatment, disease prevention and health care.
Article 6: The assessment and appointment of medical professional and technical titles and posts shall be in accordance with relevant provisions of the state.
Article 7: Doctors may organize and join doctors’ associations according to law.
Chapter 2: Examination and Registration
Article 8: The state shall implement the system of examination of doctors’ qualifications. The examination of doctors’ qualifications is divided into examination of practicing doctors’ qualifications and examination of assistant practicing doctors’ qualifications.
The methods for the uniform examination of doctors’ qualifications shall be formulated by the health administration department of the State Council. The examination shall be organized and carried out by the health administration departments of the people’s governments at or above the provincial level.
Article 9: Those who have met either one of the following conditions can take the examination:
(1) Have bachelor’s degree or higher degrees in medicine from institutions of higher learning and have completed one year’s probation under the guidance of practicing doctors at institutions for medical treatment, disease prevention or healthcare.
(2) After obtaining the certificate for assistant practicing doctors and degrees from 3-year colleges, have worked for two years or more with institutions for medical treatment, disease prevention or health care; have medical degrees from technical secondary schools and have worked for five or more years at institutions of medical treatment, disease prevention or healthcare.
Article 10: Those who have medical degrees from 3-year medical colleges or technical secondary schools can take examination of assistant practicing doctors’ qualifications after a probation period of one year or more under guidance from practicing doctors with institutions for medical treatment, disease prevention or health care.
Article 11: Those who have learned traditional medicine from masters for three years or have acquired special medical skills through many years of practice may take the examination of practicing doctors or the examination of assistant practicing doctors after being assessed and recommended by professional associations of traditional medicine approved by the health administration departments of the people’s governments at or above the county level or institutions for medical treatment, disease prevention or healthcare. The contents and methods for the examination shall be separately formulated by the health administration department of the State Council.
Article 12: Those who pass the examination of doctors’ qualifications shall get the qualification for practicing doctors or for assistant practicing doctors.
Article 13: The state shall implement the system for the registration of practicing doctors.
Those who have obtained doctors’ qualification may apply for registration with local health administration departments of the people’s governments at or above the county level.
Except for the circumstances stipulated in Article Fifteen of this law, the health administration departments shall approve the registration and issue the uniform certificate for practicing doctors as printed by the health administration department of the State Council within thirty days after receiving the registration application.
Institutions of medical treatment, disease prevention or healthcare may apply for collective registration on behalf of the doctors working for such institutions.
Article 14: After being registered, doctors may practice at institutions for medical treatment, disease prevention and healthcare in accordance within the registered location, category and scope of medical practice and engage in corresponding business of medical treatment, disease prevention and healthcare.
Those who have not been registered and obtained the practicing certificate shall not engage in medical practice.
Article 15: Those who fit one of the following circumstances shall not be registered:
(1) Not having full capacity for civil behavior;
(2) Having been punished for criminal offences, and the period between the date of completion of the penalty period and the date of application for registration is less than two years;
(3) Having been put to the administrative punishment of revocation of the certificate of practicing doctors, and the period between the date of the decision of the penalty and the date of application for registration is less than two years;
(4) Having other circumstances which make it unsuitable to carry out activities of medical treatment, disease prevention and healthcare as stipulated by the health administration department of the State Council.
The health administration department receiving the application shall, in writing and within thirty days after receiving the application, notify the applicant who does not meet the requirements for registration and explain the reasons for not approving the registration. Where the applicant wants to challenge the decision, a review may be applied for or the case brought to the people’s court according to law within fifteen days after the receipt of the notification.
Article 16: If a doctor has one of the following circumstances after being registered, the institution for medical treatment, disease prevention or healthcare shall report, within thirty days, to the health administration department approving the registration, which shall revoke the registration and take back the certificate of practicing doctors:
(1) Deceased or declared missing;
(2) Being penalized for criminal offences;
(3) Being put to administrative penalty with one’s certificate of practicing doctors revoked;
(4) Failing the reassessment after the expiration of the suspension of medical practice according to Article Thirty-one of this law;
(5) Medical practice having been suspended for two full years;
(6) Having other circumstances which make it unsuitable to carry out activities of medical treatment, disease prevention and healthcare.
If a party whose registration has been revoked wants to challenge the determination, a review may be applied for or the case brought to the people’s court according to law within fifteen days after the receipt of the notification.
Article 17: If a doctor wishes to change registration items such as location, category and scope of the medical practice, procedures for registration changes shall be completed at the health administration department approving the registration in accordance with Article Thirteen of this law.
Article 18: When an application for restarting medical practice is filed after medical practice has been suspended for over two years and the circumstances stipulated in Article Fifteen of this law disappear, the applicant shall pass the assessment conducted by institutions designated in Article Thirty-one and re-register in accordance with the provisions of Article Thirteen of this law.
Article 19: Practicing doctors who apply for private practice shall have completed five years of medical practice at institutions for medical treatment, disease prevention and healthcare after registration and complete the approval procedures according to relevant stipulations of the state; Those who have not been approved shall not engage in private medical practice.
The health administration departments of the local people’s governments at or above the county level shall carry out regular supervision and inspection over doctors engaging in private medical practice in accordance with the stipulations of the health administration department of the State Council. If violation of the stipulations of Article Sixteen have been found, the registration of the violator shall be immediately revoked and the certificate of practicing doctor taken back.
Article 20: The health administration departments of the local people’s governments at or above the county level shall publish the name list of doctors with registration applications approved and registration revoked and the health administration departments of the provincial people’s governments shall collect the list and report to the health administration department of the State Council for recordation.
Chapter 3: Practicing Rules
Article 21: Doctors have the following rights in practicing activities:
(1) to conduct medical diagnosis, disease investigation and medical disposal, issue corresponding medical certificate and choose appropriate plans for medical treatment, disease prevention and healthcare;
(2) to obtain basic conditions for medical equipment appropriate for one’s activities in accordance with the standards stipulated by the health administration department of the State Council;
(3) to engage in medical research and academic exchange and join professional academic associations;
(4) to take part in professional training and receive continued medical education;
(5) not to have their personal dignity and security violated in the course of medical practice;
(6) to obtain remuneration and allowances and enjoy welfare treatment stipulated by the state;
(7) to raise opinions and suggestions concerning the medical treatment, disease prevention and healthcare work of the employer institutions and the work of the health administration departments and participate in the democratic management of the employer institutions according to law.
Article 22: Doctors shall fulfill the following obligations in the practicing activities:
(1) to abide by laws, regulations and code for technical operation;
(2) to foster the spirit of dedication, follow professional ethics, fulfill the responsibilities as a doctor and serve the patients whole- heartedly;
(3) to care for and respect the patients and preserve the privacy thereof;
(4) to work hard for professional proficiency, update one’s knowledge and raise professional technical levels;
(5) to spread healthcare knowledge and educate the patients on health issues.
Article 23: When implementing medical treatment, disease prevention and healthcare measures and signing relevant medical certificates, doctors shall conduct diagnosis and investigations themselves and timely fill in medical documents according to stipulations, and shall not hide, forge or destroy medical documents and relevant materials.
Doctors shall not issue medical certificates that are not related to their own practicing scope or not in line with the practicing categories.
Article 24: For emergency and critical cases, doctors shall adopt emergency treatment measures and shall not refuse to give emergency treatment.
Article 25: Doctors shall use medicines, sterilizing drugs and medical equipment approved for use by relevant state departments.
Except for proper diagnosis and treatment, doctors shall not use narcotic drugs, toxic drugs for medical use, medicines for mental disease or radioactive medicines.
Article 26: Doctors shall tell the patients or their family members the patients’ conditions truthfully. However, care shall be taken to avoid adverse impact on the patients.
Doctors shall get the approval from the hospital and the consent of the patient or family members before conducting clinical treatment on an experimental basis.
Article 27: Doctors shall not solicit or illegally accept money or articles from patients or seek other illegitimate gains by taking advantage of one’s position.
Article 28: In case of natural disasters, outbreaks of contagious diseases, sudden accidents with heavy casualties and other emergencies that pose a serious threat to people’s life and health, doctors shall follow the orders of the health administration departments of the people’s governments at or above the county level.
Article 29: In case of a malpractice or when an epidemic situation is found, doctors shall report in a timely manner to the employer institution or the health administration departments in accordance with relevant stipulations.
When a doctor finds that the patient is suspected of being involved in an injury case or dies of abnormal cause, the doctor shall report to relevant departments in accordance with relevant stipulations.
Article 30: Assistant practicing doctors shall practice at institutions for medical treatment, disease prevention or healthcare according to the practicing category and under the guidance of practicing doctors.
Assistant practicing doctors working at institution for medical treatment, disease prevention or healthcare at the township, ethnic township and village levels may independently engage in general medical practice according to the conditions and needs of medical treatment.
Chapter 4: Assessment and Training
Article 31: Institutions or organizations entrusted by the health administration departments of the people’s governments at or above the county level shall conduct regular assessment of the professional performance, performance and professional ethics of doctors in accordance with standards for practicing doctors.
The assessment institutions shall report the results of the assessment of doctors to the health administration departments approving the registration.
The health administration departments of the people’s governments at or above the county level shall order doctors who fail the assessments to suspend the practicing activities for a period of three to six months and receive training and continued medical education. Reassessment shall be carried out upon the expiration of the suspension of practicing activities. Those who pass the reassessment shall be allowed to continue practicing; those who fail shall have their registration revoked and their certificate of practicing doctors taken back by the health administration departments of the people’s governments at or above the county level.
Article 32: The health administration departments of the people’s governments at or above the
Article 33: The health administration departments of the people’s governments at or above the county level shall give commendation to and award doctors with one of the following circumstances:
(1) Demonstrating high professional ethics with outstanding deeds in the course of medical practice;
(2) Making major technical breakthroughs and contributions to medical science;
(3) Having outstanding performance in healing the wounded and rescuing the dying and giving emergency treatment during times of natural disasters, outbreaks of infectious diseases, sudden accidents with major casualties and other emergencies which pose a serious threat to people’s life and health;
(4) Having worked hard for a long time at grass-roots units with difficult conditions in remote, poverty areas or ethnic minority areas;
(5) Other circumstances for which commendation and awards shall be given in accordance with the stipulations of the health administration departments of the State Council.
Article 34: The health administration departments of the people’s governments at or above the county level shall formulate training plans and conduct various forms of training for doctors and provide conditions for doctors to receive continued medical education.
The health administration departments of the people’s governments at or above the county level shall take effective measures to conduct training for medical personnel engaged in medical treatment, disease prevention and healthcare activities in rural and ethnic minority areas.
Article 35: Institutions for medical treatment, disease prevention and healthcare shall ensure training and continued medical education for doctors working for the institutions.
Medical and healthcare institutions entrusted with the task of conducting doctors’ assessment by the health administration departments of the people’s governments at or above the county level shall provide and create conditions for the training and continued medical education of doctors.
Chapter 5: Legal Responsibilities
Article 36: Certificate of practicing doctor which is obtained through improper means shall be revoked by the health administration departments issuing the certificate; Administrative penalties shall be given to personnel in charge and other personnel who bear immediate responsibilities according to law.
Article 37: Doctors violating this law and having one of the following behaviors during the course of medical practice shall be warned or have their medical practice suspended for a period between six months and one year by the health administration departments of the people’s governments at or above the county level; Their practicing certificates shall be revoked for cases with serious circumstances; Their criminal liabilities shall be investigated and prosecuted according to law in case of criminal offenses:
(1) violating sanitary administrative rule or technical operation code, which results in serious consequences;
(2) causing delays in the rescue and treatment of patients in emergency and critical conditions due to negligence, which results in serious consequences;
(3) causing malpractice;
(4) signing certificates of diagnosis, treatment and epidemiology, or certificates for birth or death without conducting diagnosis and investigation by themselves;
(5) hiding, forging or destroying medical documents and relevant materials;
(6) using medicines, sterilizing drugs and medical equipment that have not been approved for use;
(7) failing to use narcotic drugs, toxic medicines for medical use, medicines for mental disorder and radioactive medicines in accordance with the rules;
(8) conducting experimental clinic treatment on patient without the consent of the patient or the family thereof;
(9) divulging the privacy of patient and causing serious consequences;
(10) soliciting and illegally accepting money or articles from the patients or seeking illegitimate gains by making use of one’s position;
(11) failing to follow the orders of the health administration departments during times of natural disasters, outbreaks of infectious diseases, sudden accidents with heavy casualties and other emergencies which pose a serious threat to people’s life and health;
(12)) failing to report according to the regulations in case of malpractice, or when an epidemic situation is found, or when a patient is suspected of being involved in an injury case or dies of abnormal cause.
Article 38: Malpractice by doctors in the work of medical treatment, disease prevention and healthcare shall be handled according to law or relevant regulations of the state.
Article 39: Institutions for medical treatment established without approval or medical practice by non-practicing doctors shall be banned by the health administration departments of the people’s governments at or above the county level with the illegal income, medicines and equipment confiscated and with a fine of less than 100,000 RMB yuan; Practicing doctors shall have their practicing certificates revoked; Liabilities for compensation shall be born by the doctors who have caused injuries to the patients; Criminal liabilities shall be investigated and prosecuted according to law in case of criminal offenses.
Article 40: Those who obstruct medical practice by doctors according to law, insult, slander, threat or beat up doctors or violate the personal freedom, interfere with the normal work and life of doctors shall be punished in accordance with the Regulations on Security Administration and Punishment; Criminal liabilities shall be prosecuted according to law in case of criminal offenses.
Article 41: Institutions for medical treatment, disease prevention and healthcare that do not fulfill their reporting obligations in accordance with Article Sixteen of this law and cause serious consequences shall be warned by the health administration departments of the people’s governments at or above the county level; Administration penalties shall be given to persons responsible for the management of such institutions.
Article 42: For staff members of the health administration departments or institutions for medical treatment, disease prevention and healthcare who violate relevant provisions of this law by engaging in fraudulent activities, neglecting one’s duties, abusing one’s power or engaging in malpractice for selfish ends, administrative penalties shall be meted out if a crime is not constituted and legal liabilities shall be investigated and prosecuted in case of criminal offenses.
Chapter 6: Supplementary Provisions
Article 43: Medical personnel who have obtained professional technical titles and posts in accordance with relevant state regulations before the promulgation of this law shall be reported by the employer institutions to the health administration departments of the people’s governments at or above the county level for confirmation so as to obtain the according qualifications for doctors. In particular, medical personnel engaging in medical treatment, disease prevention and healthcare activities at institutions for medical treatment, disease prevention and healthcare shall be collectively reported by their employer institutions to health administration departments of the people’s governments at or above the county level for registration and the issuance of certificate of practicing doctor in accordance with requirements stipulated in this law. Detailed methods shall be formulated by the health administration department of the State Council together with the personnel administration department of the State Council.
Article 44: This law shall be applicable to doctors working at institutions of technical service for family planning.
Article 45: Rural doctors working at rural medical and healthcare institutions to provide disease prevention, healthcare and general medical services to the villagers may obtain qualifications for practicing doctors or assistant practicing doctors according to law when relevant requirements are met; For rural doctors without qualifications for practicing doctors or assistant practicing doctors stipulated in this law, the Stated Council shall formulate administration methods separately.
Article 46: The implementing rules for the application of this law to army doctors shall be formulated by the State Council and the Central Military Commission of the PRC in accordance with the principles of this law.
Article 47: Applications filed by overseas personnel in the Chinese territory for doctors’ examination, registration and practice or engagement in clinical teaching, and research activities shall be handled in accordance with relevant State regulations.
Article 48: This law shall be implemented as from May 1, 1999.
