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

y 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) partic

ipating 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, nation

ality 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 leve

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