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Law on Doctors of the People's Republic of China [Not Yet Effective]
中华人民共和国医师法 [尚未生效]
【法宝引证码】
 
  
  
Order of the President of the People's Republic of China 

中华人民共和国主席令

(No. 94) (第九十四号)

The Law on Doctors of the People's Republic of China, as adopted at the 30th session of the Standing Committee of the Thirteenth National People's Congress of the People's Republic of China on August 20, 2021, is hereby issued, and shall come into force on March 1, 2022. 《中华人民共和国医师法》已由中华人民共和国第十三届全国人民代表大会常务委员会第三十次会议于2021年8月20日通过,现予公布,自2022年3月1日起施行。
Xi Jinping, President of the People's Republic of China 中华人民共和国主席 习近平
August 20, 2021 2021年8月20日
Law on Doctors of the People's Republic of China 中华人民共和国医师法
(Adopted at the 30th session of the Standing Committee of the Thirteenth National People's Congress of the People's Republic of China on August 20, 2021) (2021年8月20日第十三届全国人民代表大会常务委员会第三十次会议通过)
Contents 目  录
Chapter I General Provisions 第一章 总  则
Chapter II Examination and Registration 第二章 考试和注册
Chapter III Practicing Rules 第三章 执业规则
Chapter IV Training and Assessment 第四章 培训和考核
Chapter V Guarantee Measures 第五章 保障措施
Chapter VI Legal Liability 第六章 法律责任
Chapter VII Supplementary Provisions 第七章 附  则
Chapter I General Provisions 

第一章 总  则

Article 1 This Law is enacted for the purposes of protecting the lawful rights and interests of doctors, regulating the practicing acts of doctors, strengthening the ranks of doctors, protecting the people's health and promoting the construction of healthy China.   第一条 为了保障医师合法权益,规范医师执业行为,加强医师队伍建设,保护人民健康,推进健康中国建设,制定本法。
Article 2 For the purposes of this Law, “doctors” means medical professionals who have obtained the qualifications of doctors in accordance with the law and are registered to practice with medical and healthcare institutions, including practicing doctors and practicing assistant doctors.   第二条 本法所称医师,是指依法取得医师资格,经注册在医疗卫生机构中执业的专业医务人员,包括执业医师和执业助理医师。
Article 3 Doctors shall uphold paramountcy of the people and life, carry forward the spirit of humanitarianism, promote the lofty professional spirit of respecting life, healing the wounded and rescuing the dying, being willing to dedicate themselves, and maintaining boundless love, 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.   第三条 医师应当坚持人民至上、生命至上,发扬人道主义精神,弘扬敬佑生命、救死扶伤、甘于奉献、大爱无疆的崇高职业精神,恪守职业道德,遵守执业规范,提高执业水平,履行防病治病、保护人民健康的神圣职责。
Doctors shall practice in accordance with the law and be protected by law. The personal dignity and safety of doctors are inviolable. 医师依法执业,受法律保护。医师的人格尊严、人身安全不受侵犯。
Article 4 The health department of the State Council shall be responsible for the management of doctors nationwide. The education, human resources and social security, traditional Chinese medicine (TCM) and other relevant departments of the State Council shall be responsible for the relevant management work of doctors within the scope of their respective duties.   第四条 国务院卫生健康主管部门负责全国的医师管理工作。国务院教育、人力资源社会保障、中医药等有关部门在各自职责范围内负责有关的医师管理工作。
The health departments of the local people's governments at or above the county level shall be responsible for the management of doctors in their administrative regions. The education, human resources and social security, TCM and other relevant departments of the local people's governments at or above the county level shall be responsible for the relevant management work of doctors within the scope of their respective duties. 县级以上地方人民政府卫生健康主管部门负责本行政区域内的医师管理工作。县级以上地方人民政府教育、人力资源社会保障、中医药等有关部门在各自职责范围内负责有关的医师管理工作。
Article 5 Chinese Doctors' Day falls on August 19 every year.   第五条 每年8月19日为中国医师节。
Doctors who have made outstanding contributions to the work of medical and health services shall be commended and rewarded in accordance with the relevant provisions issued by the state. 对在医疗卫生服务工作中做出突出贡献的医师,按照国家有关规定给予表彰、奖励。
The whole society shall respect doctors. The people's governments at all levels shall care about doctors, promote meritorious deeds, strengthen professional training, support pioneering and innovation, assist in resolving difficulties, and promote the formation of a favorable atmosphere of respecting doctors and paying attention to health in the whole society. 全社会应当尊重医师。各级人民政府应当关心爱护医师,弘扬先进事迹,加强业务培训,支持开拓创新,帮助解决困难,推动在全社会广泛形成尊医重卫的良好氛围。
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 doctors, regard professional ethics, professional practice ability, and work performance as the important conditions, and scientifically set relevant standards for evaluation and appointment.   第六条 国家建立健全医师医学专业技术职称设置、评定和岗位聘任制度,将职业道德、专业实践能力和工作业绩作为重要条件,科学设置有关评定、聘任标准。
Article 7 Doctors may organize and join doctors' associations and other relevant industry organizations and professional academic groups in accordance with the law.   第七条 医师可以依法组织和参加医师协会等有关行业组织、专业学术团体。
Doctors' associations and other relevant industry organizations shall strengthen industrial self-regulation and the code of practice for doctors, safeguard the lawful rights and interests of doctors, and assist the health department and other relevant departments in carrying out relevant work. 医师协会等有关行业组织应当加强行业自律和医师执业规范,维护医师合法权益,协助卫生健康主管部门和其他有关部门开展相关工作。
Chapter II Examination and Registration 

第二章 考试和注册

Article 8 The state shall implement the system of examination of doctors' qualifications.   第八条 国家实行医师资格考试制度。
The examination of doctors' qualifications is divided into the examination of practicing doctors' qualifications and the examination of practicing assistant doctors' qualifications. The examination of doctors' qualifications shall be organized and carried out by the health departments of the people's governments at or above the provincial level. 医师资格考试分为执业医师资格考试和执业助理医师资格考试。医师资格考试由省级以上人民政府卫生健康主管部门组织实施。
The categories of and specific measures for the examination of doctors' qualifications shall be developed by the health department of the State Council. 医师资格考试的类别和具体办法,由国务院卫生健康主管部门制定。
Article 9 Any person who meets any of the following conditions may take the examination of practicing doctors' qualifications:   第九条 具有下列条件之一的,可以参加执业医师资格考试:
(1) He has obtained a bachelor's degree or above in a medicine-related major from an institution of higher education and has completed at least one year of medical work practice at a medical and healthcare institution under the guidance of a practicing doctor. (一)具有高等学校相关医学专业本科以上学历,在执业医师指导下,在医疗卫生机构中参加医学专业工作实践满一年;
(2) He has obtained a junior college degree in a medicine-related major from an institution of higher education, and has practiced with a medical and healthcare institution for at least two years after obtaining a practicing certificate of practicing assistant doctors. (二)具有高等学校相关医学专业专科学历,取得执业助理医师执业证书后,在医疗卫生机构中执业满二年。
Article 10 Any person who has obtained a junior college degree or above in a medicine-related major from an institution of higher education and has completed at least one year of medical work practice at a medical and healthcare institution under the guidance of a practicing doctor may take the examination of practicing assistant doctors' qualifications.   第十条 具有高等学校相关医学专业专科以上学历,在执业医师指导下,在医疗卫生机构中参加医学专业工作实践满一年的,可以参加执业助理医师资格考试。
Article 11 Any person who has studied TCM for at least three years through master-disciple education or who has acquired special medical skill after many years of practice may, after passing the assessment of and being recommended by a professional TCM organization or a medical and healthcare institution authorized by the health department of the people's government at or above the county level, take the examination of TCM doctors' qualifications.   第十一条 以师承方式学习中医满三年,或者经多年实践医术确有专长的,经县级以上人民政府卫生健康主管部门委托的中医药专业组织或者医疗卫生机构考核合格并推荐,可以参加中医医师资格考试。
Any person who has acquired special medical skill after having studied TCM through master-disciple education or after many years of practice may, as recommended by at least two TCM doctors and after passing the assessment of practical skills and effectiveness organized by the TCM department of the people's government at the provincial level, obtain the qualifications of TCM doctors and corresponding qualification certificate. 以师承方式学习中医或者经多年实践,医术确有专长的,由至少二名中医医师推荐,经省级人民政府中医药主管部门组织实践技能和效果考核合格后,即可取得中医医师资格及相应的资格证书。
The relevant measures for the examination and assessment specified in this article shall be drafted by the TCM department of the State Council, and be submitted to the health department of the State Council for review and issuance. 本条规定的相关考试、考核办法,由国务院中医药主管部门拟订,报国务院卫生健康主管部门审核、发布。
Article 12 Those who have passed the examination of doctors' qualifications will obtain the practicing doctors' qualifications or practicing assistant doctors' qualifications, and the certificates of doctors' qualifications.   第十二条 医师资格考试成绩合格,取得执业医师资格或者执业助理医师资格,发给医师资格证书。
Article 13 The state shall implement the system for practicing registration of doctors.   第十三条 国家实行医师执业注册制度。
Any person who has obtained doctors' qualifications may apply for registration to the health department of the local people's government at or above the county level of the place where he is located. A medical and healthcare institution may undergo the collective registration formalities for applicants working for it. 取得医师资格的,可以向所在地县级以上地方人民政府卫生健康主管部门申请注册。医疗卫生机构可以为本机构中的申请人集体办理注册手续。
Except under the circumstances that registration shall be denied under this Law, the health department shall, within 20 working days from the date of accepting an application, grant registration, enter the registration information on the national information platform, and issue a doctor's practicing certificate. 除有本法规定不予注册的情形外,卫生健康主管部门应当自受理申请之日起二十个工作日内准予注册,将注册信息录入国家信息平台,并发给医师执业证书。
Any person who has not been registered and obtained the doctor's practicing certificate shall not engage in medical practice. 未注册取得医师执业证书,不得从事医师执业活动。
The specific measures for the management of practicing registration of doctors shall be developed by the health department of the State Council. 医师执业注册管理的具体办法,由国务院卫生健康主管部门制定。
Article 14 After being registered, a doctor may, in accordance with the registered location, category and scope of practice, practice at a medical and healthcare institution to provide corresponding medical and health services.   第十四条 医师经注册后,可以在医疗卫生机构中按照注册的执业地点、执业类别、执业范围执业,从事相应的医疗卫生服务。
TCM doctors and doctors 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 in accordance with the registered category and scope of practice. 中医、中西医结合医师可以在医疗机构中的中医科、中西医结合科或者其他临床科室按照注册的执业类别、执业范围执业。
A doctor may, after receiving relevant professional training and passing the assessment, increase the scope of practice. Where doctors' qualifications for carrying out practicing activities within the specific scope are provided in laws and administrative regulations, such provisions shall prevail. 医师经相关专业培训和考核合格,可以增加执业范围。法律、行政法规对医师从事特定范围执业活动的资质条件有规定的,从其规定。
A TCM doctor who has obtained doctors' qualifications through examination may, in accordance with the relevant provisions issued by the state, use western medical techniques and methods related to his specialty in his practice, after receiving training and passing the assessment. A western medicine doctor may, in accordance with the relevant provisions issued by the state, use TCM techniques and methods related to his specialty in his practice, after receiving training and passing the assessment. 经考试取得医师资格的中医医师按照国家有关规定,经培训和考核合格,在执业活动中可以采用与其专业相关的西医药技术方法。西医医师按照国家有关规定,经培训和考核合格,在执业活动中可以采用与其专业相关的中医药技术方法。
Article 15 A practicing doctor who practices with two or more medical and healthcare institutions on a regular basis shall focus on one of the medical and healthcare institutions, and undergo the relevant formalities in accordance with the relevant provisions issued by the state. The state shall encourage doctors to provide medical and health services at designated medical and healthcare institutions below the county level, including township health centers, village clinics, and community health service centers on a regular basis. The major employing medical and healthcare institution shall provide support and convenience.   第十五条 医师在二个以上医疗卫生机构定期执业的,应当以一个医疗卫生机构为主,并按照国家有关规定办理相关手续。国家鼓励医师定期定点到县级以下医疗卫生机构,包括乡镇卫生院、村卫生室、社区卫生服务中心等,提供医疗卫生服务,主执业机构应当支持并提供便利。
The health departments and medical and healthcare institutions shall strengthen the supervision and management of relevant doctors, regulate their practice behaviors, and ensure the quality of medical and health services. 卫生健康主管部门、医疗卫生机构应当加强对有关医师的监督管理,规范其执业行为,保证医疗卫生服务质量。
Article 16 Any person who is under any of the following circumstances shall be denied registration:   第十六条 有下列情形之一的,不予注册:
(1) He has no capacity for civil conduct or has limited capacity for civil conduct. (一)无民事行为能力或者限制民事行为能力;
(2) He has been given a criminal penalty, and it is less than two years since the execution of the penalty has been completed, or the time limit for being legally prohibited from engaging in the profession of doctor has not expired. (二)受刑事处罚,刑罚执行完毕不满二年或者被依法禁止从事医师职业的期限未满;
(3) It is less than two years since the doctor's practicing certificate has been revoked. (三)被吊销医师执业证书不满二年;
(4) It is less than one year since he has been deregistered for failing to pass the regular doctor assessment. (四)因医师定期考核不合格被注销注册不满一年;
(5) Other circumstances under which he is prohibited from providing medical and health services as provided by laws and administrative regulations. (五)法律、行政法规规定不得从事医疗卫生服务的其他情形。
Where the health department accepting an application for registration denies registration, it shall, within 20 working days of acceptance of the application, notify the applicant and the employing medical and healthcare institution in writing, and give the reasons. 受理申请的卫生健康主管部门对不予注册的,应当自受理申请之日起二十个工作日内书面通知申请人和其所在医疗卫生机构,并说明理由。
Article 17 A doctor falling under any of the following circumstances after registration shall be subject to deregistration and cancellation of the doctor's practicing certificate:   第十七条 医师注册后有下列情形之一的,注销注册,废止医师执业证书:
(1) He is dead. (一)死亡;
(2) He has been given a criminal penalty. (二)受刑事处罚;
(3) He has the doctor's practicing certificate revoked. (三)被吊销医师执业证书;
(4) He fails to pass the regular doctor assessment, and fails to pass the reassessment upon expiration of suspension of practice. (四)医师定期考核不合格,暂停执业活动期满,再次考核仍不合格;
(5) He has discontinued medical practice for two years. (五)中止医师执业活动满二年;
(6) Other circumstances under which he is prohibited from providing medical and health services or shall undergo the formalities of deregistration as provided by laws and administrative regulations. (六)法律、行政法规规定不得从事医疗卫生服务或者应当办理注销手续的其他情形。
Under any of the circumstances as prescribed in the preceding paragraph, the employing medical and healthcare institution shall, within 30 days, report to the health department which granted registration; and if a health department, in accordance with its functions and powers, finds that a doctor has fallen under any of the circumstances as prescribed in the preceding paragraph, it shall notify the health department which granted registration. The health department which granted registration shall conduct deregistration in a timely manner and cancel the doctor's practicing certificate. 有前款规定情形的,医师所在医疗卫生机构应当在三十日内报告准予注册的卫生健康主管部门;卫生健康主管部门依职权发现医师有前款规定情形的,应当及时通报准予注册的卫生健康主管部门。准予注册的卫生健康主管部门应当及时注销注册,废止医师执业证书。
Article 18 In the case of alteration to the registration items such as the location, category and scope of practice, a doctor shall undergo the registration alteration formalities at the health department which granted registration in accordance with the provisions of this Law.   第十八条 医师变更执业地点、执业类别、执业范围等注册事项的,应当依照本法规定到准予注册的卫生健康主管部门办理变更注册手续。
A doctor carrying out the following activities is not required to undergo the relevant formalities for registration alteration: 医师从事下列活动的,可以不办理相关变更注册手续:
(1) Participating in standardized training, advanced training, pairing assistance, group consultation, emergency medical rescue, charity or other public welfare medical treatment, and free clinical treatment. (一)参加规范化培训、进修、对口支援、会诊、突发事件医疗救援、慈善或者其他公益性医疗、义诊;
(2) Undertaking national tasks or participating in important activities organized by the government. (二)承担国家任务或者参加政府组织的重要活动等;
(3) Practicing with a medical institution in a medical consortium. (三)在医疗联合体内的医疗机构中执业。
Article 19 Where any person who has discontinued medical practice for more than two years or no longer falls under the circumstances prescribed by this Law under which registration shall be denied applies for practice, he shall pass the assessment of the health department of the people's government at or above the county level, or a medical and healthcare institution or industry organization authorized thereby, and undergo the formalities of registration in accordance with the provisions of this Law.   第十九条 中止医师执业活动二年以上或者本法规定不予注册的情形消失,申请重新执业的,应当由县级以上人民政府卫生健康主管部门或者其委托的医疗卫生机构、行业组织考核合格,并依照本法规定重新注册。
Article 20 To engage in private medical practice, a doctor shall undergo the formalities of approval or recordation in accordance with the law.   第二十条 医师个体行医应当依法办理审批或者备案手续。
A practicing doctor intending to engage in private medical practice must have practiced with a medical and healthcare institution for at least five years after registration; however, those who have obtained the qualifications of TCM doctors in accordance with the provisions of paragraph 2 of Article 11 of this Law may engage in private medical practice within the registered scope of practice after undergoing the formalities of practicing registration according to the assessment contents. 执业医师个体行医,须经注册后在医疗卫生机构中执业满五年;但是,依照本法第十一条第二款规定取得中医医师资格的人员,按照考核内容进行执业注册后,即可在注册的执业范围内个体行医。
The health departments of the local people's governments at or above the county level shall, in accordance with the relevant provisions issued by the state, conduct supervision and inspection of doctors engaging in private medical practice, and shall, upon discovery of circumstances for deregistration as specified in this Law, conduct deregistration in a timely manner and cancel the doctor's practicing certificates. 县级以上地方人民政府卫生健康主管部门对个体行医的医师,应当按照国家有关规定实施监督检查,发现有本法规定注销注册的情形的,应当及时注销注册,废止医师执业证书。
Article 21 The health departments of the local people's governments at or above the county level shall announce the list of persons granted registration or deregistered in a timely manner, and the health departments of the provincial people's governments shall collect the lists, report them to the health department of the State Council for recordation, and provide inquiry about doctors' registration information through websites as required.   第二十一条 县级以上地方人民政府卫生健康主管部门应当将准予注册和注销注册的人员名单及时予以公告,由省级人民政府卫生健康主管部门汇总,报国务院卫生健康主管部门备案,并按照规定通过网站提供医师注册信息查询服务。
Chapter III Practicing Rules 

第三章 执业规则

Article 22 Doctors shall enjoy the following rights in their practice:   第二十二条 医师在执业活动中享有下列权利:
...... ......



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