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

l 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 practisin

g 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 acutedisease 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 f

ails 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 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 Applications of persons from overseas for participating in examinations for doctors, registration as doctors, practising medicine, or engaging in activities of clinic teaching by demonstration, clinic research within the territory of China shall be handled according to relevant state provisions.

　　Article 48 This Law comes into effect as of May 1, 1999

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