中华人民共和国执业医师法 Law of the Peoples Republic of China on Medical Practitioners

(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)
颁布日期：19980626 　实施日期：19990501 　颁布单位：全国人大常委会

　　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 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 trea

tment, 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 appl

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