Law of the People's Republic of China on Medical Practitioners (Revised in 2009)

Law of the People's Republic of China on Medical Practitioners (Revised in 2009)
Law of the People's Republic of China on Medical Practitioners (Revised in 2009)

Order of the President of the People's Republic of China No.18

August 27, 2009

(Adopted at the 3rd session of the Standing Committee of the 9th National People's Congress on June 26, 1998, promulgated by the Order of the President [1998] No.5 on June 26, 1998, and revised based on the Decision on Amending Certain Laws which was adopted at the 10th session of the Standing Committee of the 11th National People's Congress on August 27, 2009)

Contents
Chapter I General Provisions
Chapter II Examination and Registration
Chapter III Practising Rules
Chapter IV Evaluation and Training
Chapter V Legal Liability
Chapter VI Supplementary Provisions

Chapter I General Provisions

Article 1 This Law is enacted for the purpose of strengthening a contingent of doctors, improving occupational morals and professional skills of doctors, safeguarding legitimate rights and interests of doctors, and protecting the people's health.

Article 2 This Law is applicable to professional medical workers who are qualified as medical practitioners or assistant medical practitioners according to law and registered to practise medicine in institutions of medical treatment, prevention or health care.
"Doctors" referred to in this Law include medical practitioners and assistant medical practitioners.

Article 3 Doctors should possess good occupational morals and professional medical knowledge, practise humanitarianism, and perform the sacred duties of preventing and treating diseases, healing the wounded and rescuing the dying and protecting the people's health.
The whole society should respect doctors. Doctors are protected by law in performing duties according to law.

Article 4 The administrative department of health under the State Council shall be responsible for the work for doctors throughout the country.
Administrative departments of health under local people's governments at or above the county level shall be responsible for the work for doctors within their respective administrative regions.

Article 5 The state rewards doctors who have made contributions to medical treatment, prevention of diseases and health care.

Article 6 Medical professional and technical titles of doctors and the appraisal and appointment of medical professional and technical posts for doctors shall be handled according to relevant state provisions.

Article 7 Doctors may organize and join the doctors' association according to law.

Chapter II Examination and Registration

Article 8 The state practises an examination system for the qualifications of doctors. The examination for the qualifications of doctors shall be composed of the examination for the qualifications of medical practitioners and the examination for the qualifications of assistant medical practitioners.
Measures for the unified examination for the qualifications of doctors shall be worked out by the administrative department of health under the State Council. The examination for the qualifications of doctors shall be organized by administrative departments of health under people's governments at or above the provincial level.

Article 9 Anyone who satisfies any of the following conditions may participate in the examination for the qualifications of medical practitioners:
1. Anyone who has received at least regular medical college education in an institution of higher learning, and has, under the supervision of a medical practitioner, served at least one year on probation in an institution of medical treatment, prevention or health care; or
2. On the strength of the practising certificate of assistant medical practitioners, anyone who has received junior college medical training in an institution of higher learning and has served at least two years in an institution of medical treatment, prevention or health care; or has received medical training in a secondary training school and has served at least five years in an institution of medical treatment, prevention or health care.)>

Article 10 Anyone who has received junior college medical training in an institution of higher learning or received medical training in a secondary training school and has, under the supervision of a medical practitioner, served at least one year on probation in an institution of medical treatment, prevention or health care, may participate in the examination for the qualifications of assistant medical practitioners.

Article 11 Anyone who has studied traditional medicine under a teacher for at least three years or has really acquired specialized knowledge of medicine in his many years' career, if he is recommended upon examination by an organization of traditional medicine profession or an institution of medical treatment, prevention or health care which shall be designated by the administrative department of health under the people's government at or above the county level, may participate in the examination for the qualifications of medical practitioners or the examination for the qualifications of assistant medical practitioners. The examination contents and form shall be separately fixed by the administrative department of health under the State Council.

Article 12 Examinees who pass the examination for the qualifications of doctors shall be awarded the qualifications of medical practitioners or assistant medical practitioners.

Article 13 The state practises a registration system for doctors to practise medicine.
Anyone who has been awarded the qualifications as a doctor may apply to the administrative department of health under the local people's government at or above the county level for registration.
Except under the circumstances prescribed in Article 15 of this Law, the administrative department of health accepting the application should grant registration within 30 days from the date of receiving the application and issue the practising certificate of doctors uniformly printed by the administrative department of health under the State Council.
Institutions of medical treatment, prevention or health care may go through registration procedures for all of their own doctors.

Article 14 Doctors may, upon registration, work in institutions of medical treatment, prevention or health care according to the registered place, category and scope of business to engage in relevant services of medical treatment, prevention or health care.
Anyone who fails to be registered as a doctor and obtain the practising certificate shall not practise medicine.

Article 15 Under any of the following circumstances, registration shall not be granted:
1.
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