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 中华人民共和国执业医师法
中华人民共和国执业医师法

Law of the People’s Republic of China on Medical Practitioners

 

(1998年6月26日第九届全国人民代表大会常务委员会第三次会议通过1998年6月26日中华人民共和国主席令第五号公布自1999年5月1日起施行) (Adopted at the 3rd Meeting of the Standing Committee of the Ninth National People’s Congress on June 26, 1998 and promulgated by Order No. 5 of the President of the People’s Republic of China on June 26, 1998)

第一章总则 Contents Chapter I General Provisions

第二章考试和注册 Chapter II Examination and Registration

第三章执业规则 Chapter III Practicing Rules

第四章考核和培训 Chapter IV Evaluation and Training

第五章法律责任 Chapter V Legal Liability

第六章附则 Chapter VI Supplementary Provisions

第一章总则 Chapter I General Provisions

第一条为了加强医师队伍的建设,提高医师的职业道德和业务素质,保障医师的合法权益,保护人民健康,制定本法。 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.

第二条依法取得执业医师资格或者执业助理医师资格,经注册在医疗、预防、保健机构中执业的专业医务人员,适用本法。 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 practice medicine in institutions of medical treatment, prevention or health care.

本法所称医师,包括执业医师和执业助理医师。 "Doctors" referred to in this Law include medical practitioners and assistant medical practitioners.

第三条医师应当具备良好的职业道德和医疗执业水平,发扬人道主义精神,履行防病治病、救死扶伤、保护人民健康的神圣职责。 Article 3 Doctors should possess good occupational morals and professional medical knowledge, practice humanitarianism, and perform the sacred duties of preventing and treating diseases, healing the wounded and rescuing the dying and protecting the people’s health.

全社会应当尊重医师。医师依法履行职责,受法律保护。 The whole society should respect doctors. Doctors are protected by law in performing duties according to law.

第四条国务院卫生行政部门主管全国的医师工作。 Article 4 The administrative department of health under the State Council shall be responsible for the work for doctors throughout the country.

县级以上地方人民政府卫生行政部门负责管理本行政区域内的医师工作。 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.

第五条国家对在医疗、预防、保健工作中作出贡献的医师,给予奖励。 Article 5 The state rewards doctors who have made contributions to medical treatment, prevention of diseases and health care.

第六条医师的医学专业技术职称和医学专业技术职务的评定、聘任,按照国家有关规定办理。 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.

第七条医师可以依法组织和参加医师协会。 Article 7 Doctors may organize and join the doctors’ association according to law.

第二章考试和注册 Chapter II Examination and Registration 

第八条国家实行医师资格考试制度。 Article 8 The state practices an examination system for the qualifications of doctors. 

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。 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.

医师资格统一考试的办法,由国务院卫生行政部门制定。 Measures for the unified examination for the qualifications of doctors shall be worked out by the administrative department of health under the State Council. 

医师资格考试由省级以上人民政府卫生行政部门组织实施。 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.

第九条具有下列条件之一的,可以参加执业医师资格考试: Article 9 Anyone who satisfies any of the following conditions may participate in the examination for the qualifications of medical practitioners:

(一)具有高等学校医学专业本科以上学历,在执业医师指导下,在医疗、预防、保健机构中试用期满一年的; (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

(二)取得执业助理医师执业证书后,具有高等学校医学专科学历,在医疗、预防、保健机构中工作满二年的;具有中等专业学校医学专业学历,在医疗、预防、保健机构中工作满五年的。 (2) On the strength of the practicing 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.

第十条具有高等学校医学专科学历或者中等专业学校医学专业学历,在执业医师指导下,在医疗、预防、保健机构中试用期满一年的,可以参加执业助理医师资格考试。 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.

第十一条以师承方式学习传统医学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行政部门确定的传统医学专业组织或者医疗、预防、保健机构考核合格并推荐,可以参加执业医师资格或者执业助理医师资格考试。 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. 

考试的内容和办法由国务院卫生行政部门另行制定。 The examination contents and form shall be separately fixed by the administrative department of health under the State Council.

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

第十三条国家实行医师执业注册制度。 Article 13 The state practices a registration system for doctors to practice medicine.

取得医师资格的,可以向所在地县级以上人民政府卫生行政部门申请注册。 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.

除有本法第十五条规定的情形外,受理申请的卫生行政部门应当自收到申请之日起三十日内准予注册,并发给由国务院卫生行政部门统一印制的医师执业证书。 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 practicing certificate of doctors uniformly printed by the administrative department of health under the State Council.

医疗、预防、保健机构可以为本机构中的医师集体办理注册手续。 Institutions of medical treatment, prevention or health care may go through registration procedures for all of their own doctors.

第十四条医师经注册后,可以在医疗、预防、保健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、预防、保健业务。 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.

未经医师注册取得执业证书,不得从事医师执业活动。 Anyone who fails to be registered as a doctor and obtain the practicing certificate shall not practice medicine.

第十五条有下列情形之一的,不予注册: Article 15 Under any of the following circumstances, registration shall not be granted:

(一)不具有完全民事行为能力的; (1) where a person has not full capacity for civil conduct;

(二)因受刑事处罚,自刑罚执行完毕之日起至申请注册之日止不满二年的; (2) where, for a person having been sentenced to criminal punishment, it is not more than two years from the date of the end of the punishment to the date of applying for registration;

(三)受吊销医师执业证书行政处罚,自处罚决定之日起至申请注册之日止不满二年的; (3) where, for a person having been imposed administrative punishment by which his practicing certificate of doctors was revoked, it is not more than two years from the date of the decision on the punishment to the date of applying for registration; or 

(四)有国务院卫生行政部门规定不宜从事医疗、预防、保健业务的其他情形的。 (4) where other circumstances unsuitable for services of medical treatment, prevention or health care exist as prescribed by the administrative department of health under the State Council.

受理申请的卫生行政部门对不符合条件不予注册的,应当自收到申请之日起三十日内书面通知申请人,并说明理由。 If registration is not granted to the applicant who fails to satisfy the conditions, the administrative department of health accepting the application should notify the applicant in writing within 30 days from the date of receiving the application and explain the reasons for this decision. 

申请人有异议的,可以自收到通知之日起十五日内,依法申请复议或者向人民法院提起诉讼。 Any applicant who has an objection to this decision may apply for reconsideration or bring a lawsuit before a people’s court according to law within 15 days from the date of receiving the notice.

第十六条医师注册后有下列情形之一的,其所在的医疗、预防、保健机构应当在三十日内报告准予注册的卫生行政部门。 Article 16 Under any of the following circumstances, the institution of medical treatment, prevention or health care to which a doctor obtaining registration belongs should, within 30 days, report the circumstance to the administrative department of health granting the registration. 

卫生行政部门应当注销注册,收回医师执业证书: The administrative department of health should cancel the registration and withdraw the practicing certificate of doctors.

(一)死亡或者被宣告失踪的; (1) where the doctor dies or is declared as missing;

(二)受刑事处罚的; (2) where the doctor is sentenced to criminal punishment;

(三)受吊销医师执业证书行政处罚的; (3) where the doctor is imposed administrative punishment by which his practicing certificate of doctors is revoked;

(四)依照本法第三十一条规定暂停执业活动期满,再次考核仍不合格的; (4) where the doctor fails again in a new evaluation upon expiration of the period of time during which his practice is suspended according to the provisions of Article 31 of this Law;

(五)中止医师执业活动满二年的; (5) where the doctor has ceased his practice for at least two years; or

(六)有国务院卫生行政部门规定不宜从事医疗、预防、保健业务的其他情形的。 (6) under other circumstances unsuitable for services of medical treatment, prevention and health care as prescribed by the administrative department of health under the State Council.

被注销注册的当事人有异议的,可以自收到注销注册通知之日起十五日内,依法申请复议或者向人民法院提起诉讼。 The person who has an objection to the cancellation of his registration may apply for reconsideration or bring a lawsuit before a people’s court within 15 days from the date of receiving the notice of the cancellation of registration.

第十七条医师变更执业地点、执业类别、执业范围等注册事项的,应当到准予注册的卫生行政部门依照本法第十三条的规定办理变更注册手续。 Article 17 Any doctor who intends to change his registration of the place, category or scope of business should go through the procedure for the change of registration at the administrative department of health granting the registration according to the provisions of Article 13 of this Law.

第十八条中止医师执业活动二年以上以及有本法第十五条规定情形消失的,申请重新执业,应当由本法第三十一条规定的机构考核合格,并依照本法第十三条的规定重新注册。 Article 18 Where anyone has ceased his practice of medicine for more than two years or the circumstance prescribed in Article 15 of this Law has disappeared, if he intends to apply for resumption of his practice, he should succeed in the evaluation by the institution prescribed in Article 31 of this Law and renew his registration according to the provisions of Article 13 of this Law.

第十九条申请个体行医的执业医师,须经注册后在医疗、预防、保健机构中执业满五年,并按照国家有关规定办理审批手续;未经批准,不得行医。 Article 19 Any medical practitioner who intends to apply for opening his practice individually must, upon registration, practice medicine in an institution of medical treatment, prevention or health care for at least five years and go through examination and approval procedures according to relevant state provisions; without approval, no one may open his practice.

县级以上地方人民政府卫生行政部门对个体行医的医师,应当按照国务院卫生行政部门的规定,经常监督检查,凡发现有本法第十六条规定的情形的,应当及时注销注册,收回医师执业证书。 Administrative departments of health under local people’s governments at or above the county level should make supervisions and inspections of individual doctors at regular intervals as required by the administrative department of health under the State Council and should cancel registration in time and withdraw the practicing certificates of doctors upon discovery of the circumstances prescribed in Article 16 of this Law.

第二十条县级以上地方人民政府卫生行政部门应当将准予注册和注销注册的人员名单予以公告,并由省级人民政府卫生行政部门汇总,报国务院卫生行政部门备案。 Article 20 Administrative departments of health under local people’s governments at or above the county level should announce to the public the name lists of persons whose registration has been granted or cancelled. Administrative departments of health under provincial people’s governments should collect these lists and report the combined lists to the administrative department of health under the State Council for the record.

第三章执业规则 Chapter III Practicing Rules 

第二十一条医师在执业活动中享有下列权利: Article 21 A doctor enjoys the following rights in practicing medicine: 

(一)在注册的执业范围内,进行医学诊查、疾病调查、医学处置、出具相应的医学证明文件,选择合理的医疗、预防、保健方案; (1) within the registered scope of business, making medical diagnosis, diseases examination and medical prescription, providing the relevant medical certifications and selecting reasonable plans for medical treatment, prevention or health care;

(二)按照国务院卫生行政部门规定的标准,获得与本人执业活动相当的医疗设备基本条件; (2) obtaining medical instruments and necessary conditions commensurate with his practice of medicine according to the standards set by the administrative department of health under the State Council;

(三)从事医学研究、学术交流,参加专业学术团体; (3) engaging in medical research and academic exchanges and joining professional learned societies;

(四)参加专业培训,接受继续医学教育; (4) participating in professional training and receiving continued medical education;

(五)在执业活动中,人格尊严、人身安全不受侵犯; (5) protecting the personal dignity and the personal security from encroachment in practicing medicine;

(六)获取工资报酬和津贴,享受国家规定的福利待遇; (6) earning wages, remuneration and subsidies and enjoying the welfare set by the state; and

(七)对所在机构的医疗、预防、保健工作和卫生行政部门的工作提出意见和建议,依法参与所在机构的民主管理。 (7) putting forward opinions and proposals for the work of his own institution of medical treatment, prevention or health care and the work of the administrative department of health and participating in the democratic management of his own institution according to law.

第二十二条医师在执业活动中履行下列义务: Article 22 A doctor shall perform the following obligations in practicing medicine:

(一)遵守法律、法规,遵守技术操作规范; (1) observing laws and regulations and following the technical and operating rules;

(二)树立敬业精神,遵守职业道德,履行医师职责,尽职尽责为患者服务; (2) cultivating the sense of responsibility in the work, following professional disciplines, performing a doctor’s duties and serving patients conscientiously;

(三)关心、爱护、尊重患者,保护患者的隐私; (3) caring for, loving and respecting patients and guarding patients’ privacy;

(四)努力钻研业务,更新知识,提高专业技术水平; (4) endeavoring to gain professional proficiency, updating knowledge and increasing professional and technical competence; and

(五)宣传卫生保健知识,对患者进行健康教育。 (5) disseminating hygienic and health care knowledge and instructing patients in health care.

第二十三条医师实施医疗、预防、保健措施,签署有关医学证明文件,必须亲自诊查、调查,并按照规定及时填写医学文书,不得隐匿、伪造或者销毁医学文书及有关资料。 Article 23 Doctors adopting measures of medical treatment, prevention or health care or signing the relevant medical certificates must make diagnosis and examination in person and work out medical documents in time according to provisions, and shall not conceal, forge or destroy medical documents and relevant materials.

医师不得出具与自己执业范围无关或者与执业类别不相符的医学证明文件。 Doctors shall not work out medical documents irrelevant to their own scopes of business or not consistent with their own categories of business.

第二十四条对急危患者,医师应当采取紧急措施进行诊治;不得拒绝急救处置。 Article 24 Doctors should adopt emergency measures to examine and treat patients who are suffering from acute diseases or dangerously ill and shall not refuse to give emergency treatment.

第二十五条医师应当使用经国家有关部门批准使用的药品、消毒药剂和医疗器械。 Article 25 Doctors should use medicines, disinfectants and medical instruments the use of which has been approved by the relevant departments of the state.

除正当诊断治疗外,不得使用麻醉药品、医疗用毒性药品、精神药品和放射性药品。 Narcotics, toxic drugs for medical use, psychotropic substances and radioactive drugs shall not be used except for proper diagnosis and treatment.

第二十六条医师应当如实向患者或者其家属介绍病情,但应注意避免对患者产生不利后果。 Article 26 Doctors should truthfully explain the patients’ conditions to the patients and their family members provided that attention is paid to avoid an adverse effect on the patients.

医师进行实验性临床医疗,应当经医院批准并征得患者本人或者其家属同意。 Doctors should obtain the approval of the hospitals and the consent of the patients themselves or their family members for experimental clinic treatment.

第二十七条医师不得利用职务之便,索取、非法收受患者财物或者牟取其他不正当利益。 Article 27 Doctors shall not take advantage of their positions to extort or illegally accept the patients’ property or seek other illegitimate gains.

第二十八条遇有自然灾害、传染病流行、突发重大伤亡事故及其他严重威胁人民生命健康的紧急情况时,医师应当服从县级以上人民政府卫生行政部门的调遣。 Article 28 In the event of a natural disaster, the spreading of an infectious disease, an unexpected heavy casualty or other emergencies seriously threatening the people’s lives and health, doctors should accept assignments by order of the administrative department of health under the people’s government at or above the county level.

第二十九条医师发生医疗事故或者发现传染病疫情时,应当按照有关规定及时向所在机构或者卫生行政部门报告。 Article 29 Doctors causing an accident in medical treatment or discovering the epidemic situation of infectious diseases should timely report the case to their own institutions or to the administrative department of health according to relevant provisions.

医师发现患者涉嫌伤害事件或者非正常死亡时,应当按照有关规定向有关部门报告。 Doctors discovering suspected involvement of their patients in a case of injury or discovering an unnatural death of their patients should report the case to the competent authorities according to relevant provisions.

第三十条执业助理医师应当在执业医师的指导下,在医疗、预防、保健机构中按照其执业类别执业。 Article 30 Assistant medical practitioners should, under the supervision of medical practitioners, practice medicine according to the categories of business in institutions of medical treatment, prevention or health care.

在乡、民族乡、镇的医疗、预防、保健机构中工作的执业助理医师,可以根据医疗诊治的情况和需要,独立从事一般的执业活动。 Assistant medical practitioners who work in institutions of medical treatment, prevention or health care of townships, nationality townships or towns may, in the light of the conditions and needs of medical treatment, engage in general practice of medicine on their own.

第四章考核和培训 Chapter IV Evaluation and Training

第三十一条受县级以上人民政府卫生行政部门委托的机构或者组织应当按照医师执业标准,对医师的业务水平、工作成绩和职业道德状况进行定期考核。 Article 31 Institutions or organizations entrusted by the administrative department of health under the people’s government at or above the county level should make evaluation of doctors at regular intervals in respect of their professional skills, achievements in work and occupational morals in accordance with practicing standards of doctors.

对医师的考核结果,考核机构应当报告准予注册的卫生行政部门备案。 Evaluation institutions should report evaluation results of doctors to the administrative department of health granting registration for the record.

对考核不合格的医师,县级以上人民政府卫生行政部门可以责令其暂停执业活动三个月至六个月,并接受培训和继续医学教育。 The administrative department of health under the people’s government at or above the county level may order doctors who fail in evaluation to suspend their practice of medicine for three to six months and to accept training and continued medical education. 

暂停执业活动期满,再次进行考核,对考核合格的,允许其继续执业; Up expiration of the period of time for the suspending of practice, a new evaluation shall be made. Those who succeed in the new evaluation shall be permitted to resume their practice of medicine. 

对考核不合格的,由县级以上人民政府卫生行政部门注销注册,收回医师执业证书。 If anyone fails in the evaluation, the administrative department of health under the people’s government at or above the county level shall cancel his registration and withdraw his practicing certificate of doctors.

第三十二条县级以上人民政府卫生行政部门负责指导、检查和监督医师考核工作。 Article 32 The administrative department of health under the people’s government at or above the county level shall be responsible for guiding, inspecting and supervising evaluation of doctors.

第三十三条医师有下列情形之一的,县级以上人民政府卫生行政部门应当给予表彰或者奖励: Article 33 Under any of the following circumstances, the administrative department of health under the people’s government at or above the county level should commend or give awards to the doctors.

(一)在执业活动中,医德高尚,事迹突出的; (1) where a doctor shows noble character and has made outstanding achievements in his practice of medicine; 

(二)对医学专业技术有重大突破,作出显著贡献的; (2) where a doctor has made an important breakout in medical professional skills and thereby made remarkable contributions; 

(三)遇有自然灾害、传染病流行、突发重大伤亡事故及其他严重威胁人民生命健康的紧急情况时,救死扶伤、抢救诊疗表现突出的; (3) where a doctor has behaved exceedingly well to heal the wounded and rescue the dying, make diagnosis and give emergency treatment 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; 

(四)长期在边远贫困地区、少数民族地区条件艰苦的基层单位努力工作的; (4) where a doctor has worked hard for a long time in a grass-roots unit with poor conditions of a remote and impoverished region or a minority nationality region; or 

(五)国务院卫生行政部门规定应当予以表彰或者奖励的其他情形的。 (5) under other circumstances where commendation or awards should be given as prescribed by the administrative department of health under the State Council.

第三十四条县级以上人民政府卫生行政部门应当制定医师培训计划,对医师进行多种形式的培训,为医师接受继续医学教育提供条件。 Article 34 The administrative department of health under the people’s government at or above the county level should work out plans for training of doctors, train doctors in various forms and provide conditions for doctors to receive continued medical education.

县级以上人民政府卫生行政部门应当采取有力措施,对在农村和少数民族地区从事医疗、预防、保健业务的医务人员实施培训。 The administrative department of health under the people’s government at or above the county level should adopt effective measures to train medical workers who are engaged in services of medical treatment, prevention or health care in rural areas and minority nationality regions.

第三十五条医疗、预防、保健机构应当按照规定和计划保证本机构医师的培训和继续医学教育。 Article 35 Institutions of medical treatment, prevention or health care should guarantee training and continued medical education of their own doctors according to provisions and planning.

县级以上人民政府卫生行政部门委托的承担医师考核任务的医疗卫生机构,应当为医师的培训和接受继续医学教育提供和创造条件。 Medical and health institutions entrusted by the administrative department of health under the people’s government at or above the county level to undertake the evaluation of doctors should provide and create conditions for training and continued medical education of doctors.

第五章法律责任 Chapter V Legal Liability

第三十六条以不正当手段取得医师执业证书的,由发给证书的卫生行政部门予以吊销;对负有直接责任的主管人员和其他直接责任人员,依法给予行政处分。 Article 36 If anyone obtains the practicing certificate for doctors by unjustified means, the administrative department of health issuing the practicing certificate shall revoke the practicing certificate. The person in charge directly responsible and other persons directly responsible shall be imposed disciplinary sanctions according to law.

第三十七条医师在执业活动中,违反本法规定,有下列行为之一的,由县级以上人民政府卫生行政部门给予警告或者责令暂停六个月以上一年以下执业活动; 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. 

情节严重的,吊销其执业证书;构成犯罪的,依法追究刑事责任: If the circumstances are serious, the practicing certificate shall be revoked. If a crime has been constituted, criminal liability shall be investigated according to law.

(一)违反卫生行政规章制度或者技术操作规范,造成严重后果的; (1) violating administrative regulations and rules of health or technical and operating rules and thereby causing severe consequences;

(二)由于不负责任延误急危患者的抢救和诊治,造成严重后果的; (2) due to negligence of duty, delaying diagnosis and emergency treatment of a patient who is suffering from an acute disease or dangerously ill and thereby causing severe consequences;

(三)造成医疗责任事故的; (3) causing an accident in medical treatment;

(四)未经亲自诊查、调查,签署诊断、治疗、流行病学等证明文件或者有关出生、死亡等证明文件的; (4) without diagnosis and examination personally, signing certifications of diagnosis, medical treatment and epidemiology or certifications regarding birth or death;

(五)隐匿、伪造或者擅自销毁医学文书及有关资料的; (5) concealing, forging or destroying without authorization medical documents and other relevant materials;

(六)使用未经批准使用的药品、消毒药剂和医疗器械的; (6) using medicines, disinfectants and medical instruments the use of which has not been approved;

(七)不按照规定使用麻醉药品、医疗用毒性药品、精神药品和放射性药品的; (7) in violation of provisions, using narcotics, toxic drugs for medical use, psychotropic substances and radioactive drugs;

(八)未经患者或者其家属同意,对患者进行实验性临床医疗的; (8) without the consent of a patient or his family members, giving experimental clinic treatment to the patient;

(九)泄露患者隐私,造成严重后果的; (9) divulging the privacy of a patient and thereby causing severe consequences;

(十)利用职务之便,索取、非法收受患者财物或者牟取其他不正当利益的; (10) taking advantage of the position to illegally accept patients’ property or seek other illegitimate gains;

(十一)发生自然灾害、传染病流行、突发重大伤亡事故以及其他严重威胁人民生命健康的紧急情况时,不服从卫生行政部门调遣的; (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

(十二)发生医疗事故或者发现传染病疫情,患者涉嫌伤害事件或者非正常死亡,不按照规定报告的。 (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.

第三十八条医师在医疗、预防、保健工作中造成事故的,依照法律或者国家有关规定处理。 Article 38 Doctors causing accidents in medical treatment, prevention or health care shall be handled according to law or relevant state provisions.

第三十九条未经批准擅自开办医疗机构行医或者非医师行医的,由县级以上人民政府卫生行政部门予以取缔,没收其违法所得及其药品、器械,并处十万元以下的罚款;对医师吊销其执业证书; 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 practicing certificate of doctors revoked; 

给患者造成损害的,依法承担赔偿责任;构成犯罪的,依法追究刑事责任。 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.

第四十条阻碍医师依法执业,侮辱、诽谤、威胁、殴打医师或者侵犯医师人身自由、干扰医师正常工作、生活的,依照治安管理处罚条例的规定处罚;构成犯罪的,依法追究刑事责任。 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.

第四十一条医疗、预防、保健机构未依照本法第十六条的规定履行报告职责,导致严重后果的,由县级以上人民政府卫生行政部门给予警告;并对该机构的行政负责人依法给予行政处分。 Article 41 If any institution of medical treatment, prevention or health care fails 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.

第四十二条卫生行政部门工作人员或者医疗、预防、保健机构工作人员违反本法有关规定,弄虚作假、玩忽职守、滥用职权、徇私舞弊,尚不构成犯罪的,依法给予行政处分;构成犯罪的,依法追究刑事责任。 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, practice 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.

第六章附则 Chapter VI Supplementary Provisions

第四十三条本法颁布之日前按照国家有关规定取得医学专业技术职称和医学专业技术职务的人员,由所在机构报请县级以上人民政府卫生行政部门认定,取得相应的医师资格。 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.

其中在医疗、预防、保健机构中从事医疗、预防、保健业务的医务人员,依照本法规定的条件,由所在机构集体核报县级以上人民政府卫生行政部门,予以注册并发给医师执业证书。 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 practicing certificates of doctors shall be issued to them in line with the conditions as prescribed in this Law .

具体办法由国务院卫生行政部门会同国务院人事行政部门制定。 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.

第四十四条计划生育技术服务机构中的医师,适用本法。 Article 44 This Law is applicable to doctors in technical service centers for birth control.

第四十五条在乡村医疗卫生机构中向村民提供预防、保健和一般医疗服务的乡村医生,符合本法有关规定的,可以依法取得执业医师资格或者执业助理医师资格; 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. 

不具备本法规定的执业医师资格或者执业助理医师资格的乡村医生,由国务院另行制定管理办法。 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.

第四十六条军队医师执行本法的实施办法,由国务院、中央军事委员会依据本法的原则制定。 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.

第四十七条境外人员在中国境内申请医师考试、注册、执业或者从事临床示教、临床研究等活动的,按照国家有关规定办理。 Article 47 Applications of persons from overseas for participating in examinations for doctors, registration as doctors, practicing 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.

第四十八条本法自1999年5月1日起施行。 Article 48 This Law comes into effect as of May 1, 1999.

 中华人民共和国执业医师法
 
       
 
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