Law on Practicing Doctors of the People's Republic of China (2009 Amendment)

Law on Practicing Doctors of the People's Republic of China (2009 Amendment) 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 and promulgated by Order No. 5 of the People's Republic of China on June 26, 1998; Amended in accordance with the Decision of the Standing Committee of the National People's Congress on Amending Some Laws adopted at the 10th session of the eleventh Standing Committee of the National People's Congress on August 27, 2009) Table of 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......