Physicians Law of the People's Republic of China
Physicians Law of the People's Republic of China
Physicians Law of the People's Republic of China
Order of the President of the People's Republic of China No.94
August 20, 2021
The Physicians Law of the People's Republic of China, which was adopted at the 30th meeting of the Standing Committee of the 13th National People's Congress of the People's Republic of China on August 20, 2021, is hereby promulgated for implementation as of March 1, 2022.
Xi Jinping, President of the People's Republic of China
Physicians Law of the People's Republic of China
(Adopted at the 30th meeting of the Standing Committee of the 13th National People's Congress on August 20, 2021)
Contents
Chapter I General Provisions
Chapter II Examination and Registration
Chapter III Practicing Rules
Chapter IV Training and Evaluation
Chapter V Safeguard Measures
Chapter VI Legal Liability
Chapter VII Supplementary Provisions
Chapter I General Provisions
Article 1 The Physicians Law of the People's Republic of China (hereinafter referred to as the "Law") is formulated to safeguard the legitimate rights and interests of physicians, standardize the practicing acts of physicians, strengthen a contingent of physicians, protect the people's health, and promote the construction of a healthy China.
Article 2 For the purpose of the Law, physicians refer to professional medical workers who are qualified as physicians in accordance with the law and registered to practice medicine in medical and health institutions, including practicing physicians and assistant practicing physicians.
Article 3 Physicians shall uphold the paramountcy of the people and life, practice humanitarianism, promote the lofty professional spirit of respecting life, healing the wounded, rescuing the dying, being willing to dedicate themselves and proving care without borders, observe professional ethics, abide by the code of practice, improve the level of practice, and perform the sacred duties of preventing and treating diseases and protecting the people's health.
Physicians are protected by law in practicing in accordance with the law. The personal dignity and safety of physicians are protected from encroachment.
Article 4 The competent health department under the State Council is responsible for the management of physicians nationwide. The education, human resources and social security, traditional Chinese medicine (TCM), and other relevant departments under the State Council are responsible for the relevant management work of physicians within the scope of their respective duties.
The competent health departments under local people's governments at or above the county level are responsible for the management of physicians within their respective administrative regions. The education, human resources and social security, TCM, and other relevant departments under local people's governments at or above the county level are responsible for the relevant management work of physicians within the scope of their respective duties.
Article 5 Chinese Physicians' Day falls on each August 19.
Physicians who have made prominent contributions to the work of medical and health services shall be given recognition and rewards in accordance with the relevant provisions of the State.
The whole society should respect physicians. The people's governments at all levels shall care for physicians, promote meritorious deeds, strengthen business training, support pioneering and innovation, assist in resolving difficulties, and promote the formation of a favorable atmosphere of respecting physicians and paying attention to health in the whole of society.
Article 6 The State shall establish and improve the system for the setting and evaluation of medical professional and technical titles and post appointment for physicians, regards professional ethics, professional practice ability, and work performance as important conditions, and scientifically sets the relevant standards for evaluation and appointment.
Article 7 Physicians may organize and join the physicians' associations and other relevant industry organizations and professional academic groups in accordance with the law.
Physicians' associations and other relevant industry organizations shall strengthen industrial self-regulation and the code of practice for physicians, safeguard the legitimate rights and interests of physicians, and assist the competent health departments and other relevant departments in carrying out the relevant work.
Chapter II Examination and Registration
Article 8 The State implements an examination system for the qualifications of physicians.
The examination for the qualifications of physicians shall be composed of the examination for the qualifications of practicing physicians and the examination for the qualifications of assistant practicing physicians. The examination for the qualifications of physicians shall be organized by competent health departments under local people's governments at or above the provincial level.
The categories of and specific measures for the examination for the qualifications of physicians shall be formulated by the competent health department under the State Council.
Article 9 Anyone who satisfies either of the following conditions may participate in the examination for the qualifications of practicing physicians:
1. anyone who has received at least regular medical college education in an institution of higher learning and has, under the supervision of a practicing physician, completed at least one year of medical work practice at a medical and health institution; and
2. anyone who has received junior college medical training in an institution of higher learning and has served at least two years in a medical and health institution on the strength of the practicing certificate of assistant practicing physicians.
Article 10 Anyone who has received junior college medical training or above in an institution of higher learning and has, under the supervision of a practicing physician, completed at least one year of medical work practice at a medical and health institution may participate in the examination for the qualifications of assistant practicing physicians.
Article 11 Anyone who has studied TCM under a teacher for at least three years or has acquired specialized knowledge of TCM from many years of practice, if recommended upon examination by an organization of the TCM profession or a medical and health institution entrusted by the competent health department under the local people's government at or above the county level, may participate in the examination for the qualifications of TCM physicians.
Anyone who has studied TCM under a teacher or has acquired specialized knowledge of TCM from many years of practice, if recommended by at least two TCM physicians and passes the assessment of practical skills and effectiveness organized by the competent TCM department under the people's government at the provincial level, may obtain the qualifications of TCM physicians and the corresponding qualification certificate.
The relevant measures for the examination and assessment specified in the present article shall be drafted by the competent TCM department under the State Council and submitted to the competent health department under the State Council for review and issuance.
Article 12 Examinees who pass the examination for the qualifications of physicians shall be awarded the qualifications of practicing physicians or assistant practicing physicians and may acquire certificates of physicians' qualifications.
Article 13 The State implements a registration system for physicians to practice medicine.
Anyone who has been awarded the qualifications as a physician may apply to the competent health department under the local people's government at or above the county level for registration. A medical and health institution may collectively go through registration formalities for applicants working for it.
Except under the circumstances that registration shall be denied under the Law, the competent health department shall, within 20 working days as of the date of accepting an application, grant registration, enter the registration information on the national information platform, and issue a practicing certificate of physicians.
Anyone who fails to be registered and obtains the practicing certificate of physicians shall not practice medicine.
The specific measures for the management of the practicing registration of physicians shall be formulated by the competent health department under the State Council.
Article 14 Physicians may, upon registration, work in medical and health institutions according to the registered place, category, and scope of business to engage in the corresponding medical and health services.
TCM physicians and physicians of integrated traditional Chinese and Western medicine may practice in the department of TCM, department of integrated traditional Chinese and western medicine, or other clinical departments in medical institutions according to the registered category and scope of practice.
A physician may, after receiving the relevant professional training and passing the assessment, increase the scope of practice.
......
Order of the President of the People's Republic of China No.94
August 20, 2021
The Physicians Law of the People's Republic of China, which was adopted at the 30th meeting of the Standing Committee of the 13th National People's Congress of the People's Republic of China on August 20, 2021, is hereby promulgated for implementation as of March 1, 2022.
Xi Jinping, President of the People's Republic of China
Physicians Law of the People's Republic of China
(Adopted at the 30th meeting of the Standing Committee of the 13th National People's Congress on August 20, 2021)
Contents
Chapter I General Provisions
Chapter II Examination and Registration
Chapter III Practicing Rules
Chapter IV Training and Evaluation
Chapter V Safeguard Measures
Chapter VI Legal Liability
Chapter VII Supplementary Provisions
Chapter I General Provisions
Article 1 The Physicians Law of the People's Republic of China (hereinafter referred to as the "Law") is formulated to safeguard the legitimate rights and interests of physicians, standardize the practicing acts of physicians, strengthen a contingent of physicians, protect the people's health, and promote the construction of a healthy China.
Article 2 For the purpose of the Law, physicians refer to professional medical workers who are qualified as physicians in accordance with the law and registered to practice medicine in medical and health institutions, including practicing physicians and assistant practicing physicians.
Article 3 Physicians shall uphold the paramountcy of the people and life, practice humanitarianism, promote the lofty professional spirit of respecting life, healing the wounded, rescuing the dying, being willing to dedicate themselves and proving care without borders, observe professional ethics, abide by the code of practice, improve the level of practice, and perform the sacred duties of preventing and treating diseases and protecting the people's health.
Physicians are protected by law in practicing in accordance with the law. The personal dignity and safety of physicians are protected from encroachment.
Article 4 The competent health department under the State Council is responsible for the management of physicians nationwide. The education, human resources and social security, traditional Chinese medicine (TCM), and other relevant departments under the State Council are responsible for the relevant management work of physicians within the scope of their respective duties.
The competent health departments under local people's governments at or above the county level are responsible for the management of physicians within their respective administrative regions. The education, human resources and social security, TCM, and other relevant departments under local people's governments at or above the county level are responsible for the relevant management work of physicians within the scope of their respective duties.
Article 5 Chinese Physicians' Day falls on each August 19.
Physicians who have made prominent contributions to the work of medical and health services shall be given recognition and rewards in accordance with the relevant provisions of the State.
The whole society should respect physicians. The people's governments at all levels shall care for physicians, promote meritorious deeds, strengthen business training, support pioneering and innovation, assist in resolving difficulties, and promote the formation of a favorable atmosphere of respecting physicians and paying attention to health in the whole of society.
Article 6 The State shall establish and improve the system for the setting and evaluation of medical professional and technical titles and post appointment for physicians, regards professional ethics, professional practice ability, and work performance as important conditions, and scientifically sets the relevant standards for evaluation and appointment.
Article 7 Physicians may organize and join the physicians' associations and other relevant industry organizations and professional academic groups in accordance with the law.
Physicians' associations and other relevant industry organizations shall strengthen industrial self-regulation and the code of practice for physicians, safeguard the legitimate rights and interests of physicians, and assist the competent health departments and other relevant departments in carrying out the relevant work.
Chapter II Examination and Registration
Article 8 The State implements an examination system for the qualifications of physicians.
The examination for the qualifications of physicians shall be composed of the examination for the qualifications of practicing physicians and the examination for the qualifications of assistant practicing physicians. The examination for the qualifications of physicians shall be organized by competent health departments under local people's governments at or above the provincial level.
The categories of and specific measures for the examination for the qualifications of physicians shall be formulated by the competent health department under the State Council.
Article 9 Anyone who satisfies either of the following conditions may participate in the examination for the qualifications of practicing physicians:
1. anyone who has received at least regular medical college education in an institution of higher learning and has, under the supervision of a practicing physician, completed at least one year of medical work practice at a medical and health institution; and
2. anyone who has received junior college medical training in an institution of higher learning and has served at least two years in a medical and health institution on the strength of the practicing certificate of assistant practicing physicians.
Article 10 Anyone who has received junior college medical training or above in an institution of higher learning and has, under the supervision of a practicing physician, completed at least one year of medical work practice at a medical and health institution may participate in the examination for the qualifications of assistant practicing physicians.
Article 11 Anyone who has studied TCM under a teacher for at least three years or has acquired specialized knowledge of TCM from many years of practice, if recommended upon examination by an organization of the TCM profession or a medical and health institution entrusted by the competent health department under the local people's government at or above the county level, may participate in the examination for the qualifications of TCM physicians.
Anyone who has studied TCM under a teacher or has acquired specialized knowledge of TCM from many years of practice, if recommended by at least two TCM physicians and passes the assessment of practical skills and effectiveness organized by the competent TCM department under the people's government at the provincial level, may obtain the qualifications of TCM physicians and the corresponding qualification certificate.
The relevant measures for the examination and assessment specified in the present article shall be drafted by the competent TCM department under the State Council and submitted to the competent health department under the State Council for review and issuance.
Article 12 Examinees who pass the examination for the qualifications of physicians shall be awarded the qualifications of practicing physicians or assistant practicing physicians and may acquire certificates of physicians' qualifications.
Article 13 The State implements a registration system for physicians to practice medicine.
Anyone who has been awarded the qualifications as a physician may apply to the competent health department under the local people's government at or above the county level for registration. A medical and health institution may collectively go through registration formalities for applicants working for it.
Except under the circumstances that registration shall be denied under the Law, the competent health department shall, within 20 working days as of the date of accepting an application, grant registration, enter the registration information on the national information platform, and issue a practicing certificate of physicians.
Anyone who fails to be registered and obtains the practicing certificate of physicians shall not practice medicine.
The specific measures for the management of the practicing registration of physicians shall be formulated by the competent health department under the State Council.
Article 14 Physicians may, upon registration, work in medical and health institutions according to the registered place, category, and scope of business to engage in the corresponding medical and health services.
TCM physicians and physicians of integrated traditional Chinese and Western medicine may practice in the department of TCM, department of integrated traditional Chinese and western medicine, or other clinical departments in medical institutions according to the registered category and scope of practice.
A physician may, after receiving the relevant professional training and passing the assessment, increase the scope of practice.
......