Medical Practitioners Law of the People's Republic of China

(Adopted at the 30th Meeting of the Standing Committee of the Thirteenth National People's Congress of the People's Republic of China on August 20, 2021)

CONTENTS

Chapter I General Provisions

Chapter II Examination and Registration

Chapter III Practicing Rules

Chapter IV Training and Assessment

Chapter V Support Measures

Chapter VI Legal Responsibilities

Chapter VII Supplementary Provisions

Chapter I General Provisions

Article 1 This Law is formulated for the purposes of safeguarding the legitimate rights and interests of medical practitioners, regulating the practice of medical practitioners, strengthening the medical practitioners team, protecting people's health and promoting the development of a healthy China.

Article 2 For purposes of this Law, medical practitioners refer to the professional medical personnel who qualify as medical practitioners pursuant to law and are registered to practice in medical and health institutions, including practicing medical practitioners and practicing medical practitioner assistants.

Article 3 Medical practitioners shall put the people and life first for the humanitarian spirit and promote the lofty professional spirit of respecting life, healing the wounded and the sick, being willing to dedicate themselves and maintaining boundless love. They shall observe professional ethics and the code of practice, improve practicing skills and perform the sacred duties of preventing and treating diseases and protecting people's health.

Medical practitioners shall practice pursuant to law and be protected by law. The personal dignity and safety of medical practitioners are inviolable.

Article 4 The competent health department under the State Council shall be in charge of the administration of medical practitioners nationwide. The education, human resources and social security, traditional Chinese medicine and other relevant departments under the State Council shall be in charge of relevant administration of medical practitioners according to their respective duties.

The competent health department of the local people's governments at or above the county level shall be in charge of the administration of medical practitioners within their respective administrative regions. The education, human resources and social security, traditional Chinese medicine and other relevant departments of the local people's governments at or above the county level shall be in charge of relevant administration of medical practitioners according to their respective duties.

Article 5 Chinese Doctor's Day is celebrated on August 19 every year.

The medical practitioners who have made outstanding contributions to medical and health services shall be commended and rewarded pursuant to relevant state regulations.

The whole society shall respect medical practitioners. People's governments at all levels shall care for medical practitioners, promote their heroic deeds, strengthen professional training, support them in breaking new ground, help them solve difficulties and create a favorable atmosphere of respecting medical practitioners and valuing public health in the whole society.

Article 6 The state establishes and improves the system for the setting and evaluation of medical professional technical titles and the appointment for medical practitioners, and scientifically sets relevant standards for evaluation and appointment which attach importance to professional ethics, professional practice ability and work performance.

Article 7 Medical practitioners may organize or join the medical practitioner association and other relevant industry associations and professional academic groups pursuant to law.

The medical practitioner association and other relevant industry associations shall strengthen the industry self-regulation and the code of practice of medical practitioners, safeguard the legitimate rights and interests of medical practitioners and assist the competent health departments and other relevant departments in carrying out relevant work.

Chapter II Examination and Registration

Article 8 The state applies the system of medical licensing examinations.

The medical licensing examinations consist of the examination for practicing medical practitioners and examination for practicing medical practitioner assistants. The examinations shall be organized and conducted by the competent health department of the people's governments at or above the provincial level.

The categories of and specific measures for the medical licensing examinations shall be formulated by the competent health department under the State Council.

Article 9 Whoever meets any of the following requirements may take the medical licensing examination for practicing medical practitioners:

(1) having obtained a bachelor's degree or above in a medicine-related major from a school of higher education and having engaged in professional medical practice for at least one year in a medical and health institution under the guidance of a practicing medical practitioner; or

(2) having obtained an associate degree in a medicine-related major from a school of higher education and having worked for at least two years in a medical and health institution after obtaining the medical license for practicing medical practitioner assistants.

Article 10 Anyone who has obtained an associate degree or above in a medical-related major from a school of higher learning and has practiced in a medical and health institution for at least one year under the guidance of a medical practitioner may take the medical licensing examination for practicing medical practitioner assistants.

Anyone who has studied traditional Chinese medicine for at least three years in the way of apprenticeship or proves to have mastered medical skills through years of practice in this field may take the examination for traditional Chinese medicine physicians after passing the assessment test and being recommended by a professional traditional Chinese medicine organization or by a medical and health institution authorized by the competent health department of the people’s governments at or above the county level.

Anyone who has studied traditional Chinese medicine in the way of apprenticeship or proves to have mastered medical skills through years of practice in this field can obtain the qualification of traditional Chinese medicine physicians and the corresponding qualification certificate after being recommended by at least two traditional Chinese medicine physicians and passing the assessment test on practical skills and effects organized by the competent department of traditional Chinese medicine under the provincial people’s governments.

The relevant examination and assessment measures as provided for in this article shall be drafted by the competent department of traditional Chinese medicine under the State Council and submitted to and reviewed by the competent health department under the State Council for approval and promulgation.

Article 12 Anyone who has passed the medical licensing examinations shall qualify as a practicing medical practitioner or a practicing medical practitioner assistant and receive the medical license.

Article 13 The state applies the registration system of medical practitioners.

Anyone who qualifies as a medical practitioner may apply for registration to the competent health department of the local people’s government at or above the county level of the place where the medical practitioner is located. A medical and health institution may apply for the collective registration for the applicants working for it.

Except for the circumstances in which the registration is not allowed as provided for in this Law, the competent health department shall, within 20 working days from the date of accepting the application, approve the registration, input the registration information into the national information platform and issue the medical license.

Anyone who has not been registered and has not obtained the medical license may not engage in medical practice.

The specific measures for administration of the practicing registration of medical practitioners shall be formulated by the competent health department of the State Council.

Article 14 Medical practitioners, upon registration, may practice in medical and health institutions in accordance with the registered place, category and scope of practice, and provide corresponding medical and health services.

Traditional Chinese medicine physicians and medical practitioners of integrated traditional Chinese and western medicine may practice in the departments of traditional Chinese medicine, integrated traditional Chinese and western medicine or other clinical departments of medical institutions in accordance with their registered categories and scopes of practice.

A medical practitioner may practice in scopes other than the registered one after receiving relevant professional training and passing assessment tests. If any law or administrative regulation has provided for the qualification and requirements for medical practitioners to practice in specific scopes, such provisions shall prevail.

Traditional Chinese medicine physicians who have become qualified through examination, may adopt western medicine techniques and methods relevant to their specialty in practice, after they have been trained and passed the examination pursuant to relevant state regulations. Western medicine practitioners who have been trained and passed the examination pursuant to relevant state regulations may adopt traditional Chinese medicine techniques and methods relevant to their specialty in practice.

Article 15 Medical practitioners who regularly practice in two or more medical and health institutions shall mainly practice in one institution and complete relevant procedures pursuant to relevant state regulations. The state encourages medical practitioners to provide medical and health services regularly at designated medical and health institutions below the county level, including town and township health centers, village clinics and community health centers. The institution where a medical practitioner mainly practices shall provide support and convenience therefor.

Competent health departments and medical and health institutions shall strengthen supervision over and management of relevant medical practitioners, regulate their practice, and ensure the quality of medical and health services.

Article 16 Anyone who falls under any of the following circumstances may not be granted registration:

1)  having no or limited capacity for civil juristic acts;

2) having been subjected to criminal punishment and completed the sentence for less than two years or the time limit for being prohibited from working as a medical practitioner pursuant to law has not expired;

3)  having the medical practice license revoked for less than two years;

4) deregistration as a medical practitioner due to failure to pass the regular assessment of medical practitioners; and

5) other circumstances as provided by laws or administrative regulations in which the person shall not be engaged in medical and health services.

If a competent health department that has accepted a registration application decides not to approve it, it shall notify the applicant and the medical and health institution where the applicant practices in writing and explain the reasons within 20 working days from the date of accepting the application.

Article 17 A medical practitioner shall be subject to deregistration and cancellation of the practicing license in any of the following circumstances:

1) being deceased;

2) being subjected to criminal punishment;

3) revocation of the practicing license;

4) failing to pass the regular assessment of medical practitioners again upon expiration of suspension of practice due to failure of the regular assessment;

5) suspension of medical practice for at least two years; or

6) any other circumstances in which the medical practitioner may not engage in medical and health services or shall be subject to deregistration as required by laws or administrative regulations.

The medical and health institution that employs the medical practitioner shall report to the competent health department granting the registration within 30 days in any of the circumstances as prescribed in the preceding paragraph. A competent health department, if finding in accordance with its functions that a medical practitioner falls under a circumstance as prescribed in the preceding paragraph, shall notify the competent health department granting the registration without delay. The latter shall deregistrate the medical practitioner and revoke his practicing license in time.

Article 18 Where a medical practitioner alters registration items such as the location, category and scope of practice, he shall complete the alteration of registration at the competent health department granting the registration pursuant to the provisions of this Law.

Where a medical practitioner engages in the following activities, he is not required to alter the registration:

1) participating in standardized training, continuing education, pairing assistance, specialist consultation, medical response for emergencies, charity or other public welfare medical treatment, and free clinical treatment;

2) undertaking national tasks or participating in important activities organized by the government;

3) practicing in a medical institution of a medical consortium.

Article 19 Where medical practice has been suspended for more than two years or the circumstances under which registration is not allowed as prescribed in this Law cease to exist, an applicant who applies for practice anew shall pass the assessment organized by the competent health department of the people’s government at or above the county level or the medical and health institution or the industrial association authorized thereby, and complete the registration anew pursuant to this Law.

Article 20 Where a medical practitioner applies for private practice, he shall be subject to approval or record pursuant to law.

Prior to private practice, a medical practitioner shall practice in a medical and health institution for at least five years after registration. However, a person who has obtained the qualification of traditional Chinese medicine physicians in accordance with the provisions of the second paragraph of Article 11 hereof, may engage in private practice within the registered scope of practice.

The competent health department of the local people’s government at or above the county level shall, in accordance with relevant state regulations, conduct supervision and inspection of medical practitioners engaging in private practice, and shall, upon discovery of circumstances for deregistration as specified in this Law, cancel registration promptly and revoke the medical practicing license.

Article 21 The competent health department of the local people’s government at or above the county level shall announce the list of persons registered or deregistered in time, and the competent health department of the provincial people’s government shall collect the lists, report them to the competent health department of the State Council for record, and provide inquiry service about medical practitioners’ registration information on websites as required.

Chapter III Practicing Rules

Article 22 Medical practitioners shall enjoy the following rights in practice:

1) conducting medical examination and diagnosis, disease investigation, medical treatment, issuing relevant medical certificates, and adopting reasonable medical treatment, disease prevention and health protection plans pursuant to relevant regulations within the registered scope of practice;

2) receiving labor remuneration, enjoying welfare benefits according to state regulations and participating in social insurance programs and enjoying relevant benefits pursuant to regulations;

3) practicing in an environment with the basic conditions for practice and occupational protective equipment that meet national standards;

4) engaging in medical education, research and academic exchanges;

5) receiving professional training and continuing medical education;

6) making comments and suggestions on the work of medical and health institutions where the medical practitioners are employed and on the work of competent health departments, and participating in the democratic management of the institutions pursuant to law; and

7) other rights prescribed by laws and regulations.

Article 23 Medical practitioners shall perform the following obligations in practice: 

1) devoting themselves to the profession, abiding by professional ethics, fulfilling their duties as medical practitioners, treating patients conscientiously and carrying out pandemic prevention and control as well as other public health measures;

2) following clinical diagnosis and treatment guidelines and observing clinical technical operation norms and medical ethics, etc.;

3) respecting and caring for patients and protecting their privacy and personal information pursuant to law;

4) endeavoring to increase the professional proficiency level, updating their knowledge, enhancing medical professional skills and competence, and improving the quality of medical and health services;

5) publicizing and promoting the scientific knowledge about health commensurate with their specialties and providing health education and guidance to patients and the public; and

6) other obligations prescribed by laws and regulations.

Article 24 When carrying out medical treatment, disease prevention and health protection measures and signing relevant medical certificates, medical practitioners shall conduct diagnosis and investigations in person and create medical records and other medical documents in time pursuant to regulations, and may not conceal, forge, tamper with or destroy medical records and other medical documents and relevant materials.

Medical practitioners may not provide false medical certificates or such documents beyond the scope or irrelevant to the category of their practice.

Article 25 In the diagnosis and treatment, medical practitioners shall inform the patients of their conditions, medical treatment and other matters that need to be informed of. If an operation, a special examination or treatment is required, medical practitioners shall inform the patients of the medical risk and alternative treatments in a timely manner and obtain their explicit consent; if it is impossible or inappropriate to inform the patients, medical practitioners shall inform the patients' close relatives and obtain their explicit consent.

Article 26 Medical practitioners who conduct clinical trials of drugs, medical devices or other clinical studies shall comply with relevant state regulations, abide by medical ethics, pass ethical review pursuant to law and obtain informed consent in writing.

Article 27 Medical practitioners shall take emergency care to diagnose and treat patients that need emergency treatment and may not refuse to do so. If the consent of the patients or their close relatives cannot be obtained due to emergency situations such as rescuing patients in a life-threatening condition, the corresponding medical measures may be taken immediately with the approval of the person in charge of the medical institution or responsible persons in charge authorized thereby.

The state encourages medical practitioners to take an active part in first-aid services in public places such as public transport vehicles; if medical practitioners cause damage to the recipients due to the voluntary first-aid, they may not bear civil liability.

Article 28 Medical practitioners shall use drugs, disinfectants or medical devices that have been approved or recorded pursuant to law, and adopt a scientific diagnosis and treatment method that is in compliance with laws and regulations. Except for use in diagnosis and treatment pursuant to regulations, any use of narcotic drugs, poisonous substances for medical use, psychotropic drugs or radiopharmaceuticals shall be prohibited.

Article 29 Medical practitioners shall adhere to the principle of safe, effective, economical and rational use of drugs, and follow the guiding principle of drug clinical application, guideline of clinical diagnosis and treatment and package insert for rational use of drugs.

In the absence of effective or better treatment measures and in other special circumstances, medical practitioners may use drugs in a way that the package insert does not specify but proves effective by evidence after obtaining the explicit consent of patients. Medical institutions shall establish a management system to verify the appropriateness of medical practitioners’ prescriptions and medication, and strictly regulate medical practitioners' drug practice.

Article 30 Practicing medical practitioners may, upon consent of the medical and health institutions where they practice, provide appropriate medical and health services such as return visits for some common diseases and chronic diseases through internet and other information technologies pursuant to relevant state regulations. The state supports medical and health institutions in carrying out telemedicine cooperation through the internet and other information technologies.

Article 31 Medical practitioners may not take advantage of their position to solicit or illegally accept anything of value or seek other illegitimate interests. They may not administer unnecessary examinations or treatments to patients.

Article 32 In the event of emergencies that seriously threaten people's lives and health, such as natural disasters, accidents, public health incidents and public security incidents, the competent health department of the people's government at or above the county level shall, if necessary, organize medical practitioners to take part in health emergency treatment and medical rescue, and medical practitioners shall accept the assignment.

Article 33 Medical practitioners shall, in a timely manner, report to the medical and health institutions therein or relevant departments or institutions pursuant to relevant regulations in any of the following circumstances:

1) discovery of infectious diseases, sudden occurrence of diseases of unknown cause or anomalous health incidents;

2) occurrence or discovery of medical malpractice;

3) discovery of adverse effects that may be related to drugs or medical devices, or adverse drug events;

4) discovery of counterfeit or substandard drugs;

5) discovery of patients suspected of being injured by others or unnatural death; or

6) other circumstances provided by laws and regulations.

Article 34 A practicing medical practitioner assistant shall, under the guidance of practicing medical practitioners, practice in medical and health institutions in line with their registered categories and scopes of practice. Practicing medical practitioner assistants practicing in medical and health institutions in townships, ethnic townships, towns, villages or medical and health institutions at county level in remote regions or less developed regions may, on the basis of their medical and health services and their own practicing experience, engage in general practice independently.

Article 35 Medical students who have participated in clinical teaching practice or medical graduates who have participated in professional medical practice in medical and health institutions without the practicing license shall participate in clinical diagnosis and treatment activities under the supervision and guidance of practicing medical practitioners. Medical and health institutions shall provide necessary conditions for medical students and medical graduates to participate in clinical diagnosis and treatment activities.

Article 36 Relevant industry associations, medical and health institutions and medical colleges shall strengthen the education of medical ethics for medical practitioners. Medical and health institutions shall establish and improve the systems of medical practitioners' job responsibility, internal supervision and handling of complaints to improve the management of medical practitioners.

Chapter IV Training and Assessment

Article 37 The state formulates a plan for training medical practitioners, establishes a training mechanism balancing the supply and the demand of medical practitioners adapted to the characteristics of the industry and the needs of society, responds to the needs of various types of medical personnel in a coordinated way, and reinforces the training of professionals badly needed in general practice, pediatrics, psychiatry, geriatrics and other fields.

The state takes measures to strengthen coordination between the medical industry and college education, and improve the system of medical college education, post-graduation education and continuing education. The state, through multiple channels, strengthens the training and staffing of medical and health professionals at the primary level with the focus on general practitioners.

The state takes measures to improve the educational system for the exchanges between traditional Chinese medicine and western medicine, and trains high-level personnel of integrated traditional Chinese medicine and western medicine and general practitioners capable of providing integrated traditional Chinese medicine and western medicine services.

Article 38 The state establishes and improves the system of residency training, improves the incentive mechanism for clinical teaching, guarantees the benefits for residency during the period of training and implements strict management of the training process and final assessment. The state establishes and improves the standardized training system for specialists to continuously raise the level of specialist medical diagnosis and treatment by clinicians.

Article 39 The competent health department of the people's government at or above the county level shall work out training plans for medical practitioners and take various forms of level-based and classified training for medical practitioners so as to provide conditions for them to receive continuing medical education.

The people's governments at or above the county level shall take effective measures to give priority to ensuring that medical and health personnel at the primary level, in less-developed or areas inhabited by ethnic minorities receive continuing medical education.

Article 40 Medical and health institutions shall rationally allocate human resources and guarantee the continuing medical education for medical practitioners in their respective institutions in accordance with regulations and plans.

The competent health department of the people's government at or above the county level shall organize and coordinate medical and health institutions at or above the county level to train medical and health personnel working in township health centers, village clinics, community health centers and other primary-level medical and health institutions, so as to improve their professional skills and competence in a planned way.

Relevant industry associations shall provide services and create conditions for medical practitioners to receive continuing medical education, and strengthen the organization and management of such education.

Article 41 The state imposes quotas on the number of students for targeted training and commissioned training annually enrolled in the programs for medical professionals and the education and training plan, so as to improve the development of medical practitioner teams at the primary level and in less developed or remote areas.

Relevant departments and medical and health institutions shall enter into contracts with personnel receiving targeted training and commissioned training, stipulating relevant benefits, length of service, liability for a breach of contract and other matters, and relevant personnel shall fulfil the obligations stipulated in the contracts. The relevant departments of the people's governments at or above the county level shall take measures to strengthen the administration of contract performance. A breaching party shall be liable for a breach of contract.

Article 42 The state makes regular assessments of medical practitioners.

The competent health department of the people's government at or above the county level, or the medical and health institutions and industry associations entrusted shall assess the professional competence, work performance and professional ethics of medical practitioners in accordance with the requirements for medical practitioners' practice within a period of three years.

For medical practitioners who have performed for a relatively long period of time and have no record of misconduct, the assessment procedures may be simplified. The commissioned institutions or associations shall report the medical practitioner's assessment results to the competent health department granting the registration for record.

For medical practitioners who fail to pass the assessment, the competent health department of the people's government at or above the county level shall order them to suspend practice for three to six months and receive relevant professional training. Upon expiration of the suspension, the assessment shall be conducted again, and those who pass such assessment shall be allowed to continue with practice.

Article 43 The competent health department of the people's government at or above the provincial level shall be responsible for guiding, inspecting and supervising the assessment of medical practitioners.

Chapter V Support Measures

Article 44 The state establishes and improves the personnel, remuneration, professional title and reward systems that reflect the occupational characteristics and the values of technical work of medical practitioners.

Medical practitioners holding the prevention and control of infectious diseases, radiation medicine, mental health and other special posts shall be given appropriate allowances pursuant to relevant state regulations. Allowance standards shall be adjusted on a regular basis.

Medical practitioners working at the primary level or in remote or less developed regions shall, pursuant to relevant state regulations, be entitled to allowances, subsidies and preferential treatment in terms of professional title granting, professional development, education and training, commendation and rewards, among others.

Article 45 The state enhances the training of personnel for disease prevention and control, and establishes a mechanism for training and employing medical practitioners commensurate to the modern disease prevention and control system.

Disease prevention and control institutions, medical institutions at tier-2 or above as well as primary-level medical and health institutions including town and township health centers and community health centers shall be equipped with a certain amount of public health medical practitioners engaging in the monitoring of diseases in population and risk factors, risk assessment and judgment, monitoring and early warning, epidemiological investigation, immunization planning management, occupational health management and other work in public health.

Medical institutions shall establish and improve the management system and strictly implement measures for the prevention and control of nosocomial infection.

The state establishes a talent training mechanism that combines public health and clinical medicine, trains clinicians in disease prevention and control, response to public health emergencies and other aspects through various channels, trains public health medical practitioners in clinical medicine, and improves the systems and mechanisms for the combination of medical treatment and disease prevention as well as for the integration of traditional Chinese medicine and western medicine for prevention and treatment.

Article 46 The state adopts measures to coordinate urban and rural resources, enhances the building of primary-level medical and health personnel teams and the service capacity, establishes a professional development mechanism characterized by vertical linkage among villages, townships and counties for medical and health personnel in rural areas, and incorporates them into the management system of medical and health personnel at the county level by means of "personnel being recruited and managed by county-level medical and health institutions but employed by town and township health centers" and "personnel being recruited and managed by town and township health centers but employed by village clinics".

Practicing medical practitioners to be promoted to associate senior titles shall have more than one year's experience in providing medical and health services in the medical and health institutions at or below the county level or in those for pairing assistance; after the promotion to associate senior titles, practicing medical practitioners providing medical and health services in the medical and health institutions at or below the county level or in those for pairing assistance for more than one year shall be given priority in being further promoted to senior titles under the same conditions.

The state adopts measures to encourage the persons with qualifications for practicing medical practitioners and practicing medical practitioner assistants to run village-level medical and health institutions pursuant to law, or to provide medical and health services in such institutions.

Article 47 The state encourages village doctors who provide villagers with disease prevention, health protection and general medical services in village-level medical and health institutions to obtain medical degrees through medical education, and encourages eligible village doctors to take medical licensing examinations and obtain qualifications for medical practitioners pursuant to law.

The state adopts measures to help village doctors to improve their professional skills and competence in medicine through informatized and smart means, and to further improve the mechanism for multi-channel subsidies to village doctors' service income as well as the pension policies.

Specific measures for the management of village doctors shall be formulated by the State Council.

Article 48 A medical practitioner shall be commended or rewarded pursuant to relevant state regulations in any of the following circumstances:

1) observing good professional ethics and performing outstanding deeds in practice;

2) breaking new ground in medical research and education, or making major breakthroughs in and significant contributions to medical techniques;

3) making outstanding performance in disease prevention, early warning, healing the wounded and the sick and other relevant work in case of emergencies;

4) working hard in the medical and health institutions at or below the county level in remote regions or less developed regions for a long period;

5) making outstanding contributions to disease prevention and control or health promotion; or

6) other circumstances provided by laws and regulations.

Article 49 The people's governments at or above the county level and relevant departments shall incorporate the work of medical dispute prevention and settlement into the system for comprehensive public security administration, enhance said administration in medical and health institutions and the surrounding areas, maintain a favorable practicing environment for medical and health institutions, effectively prevent and crack down on illegal and criminal activities in relation to medicine pursuant to law, and protect the legitimate rights and interests of both medical practitioners and patients.

Medical and health institutions shall improve security measures, maintain hospital security, resolve medical disputes in a timely and proactive manner and ensure the safety of medical practitioners in practice.

Any organization or individual shall be prohibited from obstructing the legitimate practice of medical practitioners or interfering with their normal work and life, and from violating their personal dignity and endangering their safety by insult, defamation, threat, assault or other means.

Article 50 Medical and health institutions shall provide medical practitioners with supplies for occupational safety and protective equipment, and adopt effective measures for health protection and medical care.

Medical practitioners who are injured in accidents, or suffer from diseases or die due to exposure to toxic or hazardous factors in practice shall enjoy the benefits of work injury insurance pursuant to the provisions of relevant laws and administrative regulations.

Article 51 Medical and health institutions shall make reasonable arrangement of working hours for medical practitioners, implement the system of paid vacation, and conduct regular health examinations.

Article 52 The state establishes and improves the mechanism for sharing medical risks. Medical and health institutions shall participate in medical liability insurance, or establish or purchase medical risk funds. Patients are encouraged to purchase medical accident insurance.

Article 53 The news media shall conduct nonprofit awareness campaigns on laws and regulations on and knowledge of medicine and health, promote the meritorious deeds of medical practitioners and guide the public in respecting medical practitioners and treating medical and health risks rationally.

Chapter VI Legal Responsibilities

Article 54 Any person who commits an act such as violation of exam disciplines in a medical licensing examination shall be prohibited from taking part in the examination from one to three years if the circumstances are serious.

Where any person acquires the qualification for medical practitioners or the practicing license for medical practitioners with improper means, the certificate issued by the competent health department shall be invalidated and the corresponding application by the person shall not be accepted within three years.

Any person who forges, alters, buys, sells, rents, or lends the practicing license for medical practitioners shall be ordered by the competent health department of the people's government at or above the county level to make rectifications, be subjected to confiscation of illegal gains, and be fined not less than two times but not more than five times the illegal gains; the illegal gains less than RMB 10,000 yuan shall be deemed to be RMB 10,000 yuan for the calculation of the fine; and if the circumstances are serious, the practicing license shall be revoked.

Article 55 Any person in violation of the provisions of this Law, commits any of the following acts in practice shall be ordered to make rectifications and given a warning by the competent health department of the people's government at or above the county level; if the circumstances are serious, the medical practitioner shall be ordered to suspend practice for not less than six months but not more than one year or his practicing license may be revoked:

1)failing to perform the obligation of notification or obtain the informed consent as required under relevant regulations in providing medical and health services or conducting clinical research;

2)refusing to provide emergency treatment to a patient that needs such treatment or delaying diagnosis and treatment due to irresponsibility;

3)refusing to accept the assignment by the competent health department upon occurrence of natural disasters, accidents, public health events, social security events and other emergencies seriously endangering the life and health of the people;

4) failing to report relevant circumstances as required; or

5) violating laws, regulations, rules or practice standards, resulting in medical malpractice or other serious consequences.

Article 56 A person who, in violation of the provisions of this Law, commits any of the following acts in practice shall be ordered by the competent health department of the people’s government at or above the county level to make rectifications, be given a warning, have his illegal gains confiscated and be fined between RMB 10,000 yuan and RMB 30,000 yuan. If the circumstances are serious, the medical practitioner shall be ordered to suspend his practice for not less than six months but not more than one year or his practicing license may be revoked:

1) disclosure of patient privacy or personal information;

2) issuing false medical certificates or signing the certificates of diagnosis, treatment or epidemiology, or the certificates of birth or death, etc. without personal examination or survey;

3) concealing, forging, tampering with, or without authorization destructing medical reports, other medical documents or relevant data;

4) failing to use narcotic drugs, poisonous substances for medical use, psychotropic drugs and radiopharmaceuticals, etc. pursuant to regulations;

5) taking advantage of his position to demand or illegally accept the patient's money or property or seek other illegitimate interests, or administering unnecessary examinations or treatments to patients in violation of the rules of diagnosis and treatment, causing adverse effects; or

6) carrying out clinical application of prohibited medical technologies.

Article 57 A person who, in violation of the provisions of this Law, fails to practice pursuant to the registered place, category or scope of practice shall be ordered by the competent health department or competent traditional Chinese medicine department at or above the county level to make rectifications, be given a warning, the illegal gains shall be confiscated and a fine of not less than RMB 10,000 yuan but not more than RMB 30,000 yuan shall be imposed concurrently; if the circumstances are serious, the medical practitioner shall be ordered to suspend practice for not less than six months but not more than one year or even his practicing license may be revoked.

Article 58 A person who seriously violates the professional ethics for medical practitioners or the code of medical ethics, causing adverse social impact, shall have the practicing license for medical practitioners revoked or be ordered to cease illegal practice by the competent health department of the people's government at or above the provincial level, and be prohibited from providing medical and health services or conducting clinical research for five years or permanently.

Article 59 The competent health department of the people's government at or above the county level shall order a person without a license who, in violation of the provisions of this Law, practices medicine to cease illegal practice, confiscate his illegal gains, medicines and medical devices, and impose a fine of not less than two times but not more than ten times the illegal gains; the illegal gains that amount to less than RMB10,000 yuan shall be deemed as RMB 10,000 yuan for calculation of the fine.

Article 60 A person who, in violation of the provisions of this Law, obstructs the legal practice of medical practitioners, interferes with their normal work and life, or infringes upon the personal dignity and personal safety of medical practitioners by insult, defamation, threatening, assault or other means, which violates public security administration, shall be given a public security administration penalty according to law.

Article 61 A medical and health institution in violation of the provisions of this Law, fails to perform its duty of reporting, thus causing serious consequences, the competent health department of the people's government at or above the county level shall give a warning, and the person directly in charge and other persons directly responsible shall be given sanctions according to law.

Article 62 A staff member of the competent health departments and other relevant departments or medical and health institutions who, in violation of the provisions of this Law, practices fraud, abuses power, neglects duties, or engages in malpractice for personal gains shall be sanctioned in accordance with law.

Article 63 Where a violation of this Law constitutes a criminal offense, the violator shall be held criminally liable in accordance with law; where a violation of this Law causes personal injury or property damage, the violator shall take civil liability in accordance with law.

Chapter VII Supplementary Provisions

Article 64 The state takes measures to encourage personnel with degrees in medicine from secondary specialized schools to improve their professional skills and competence through higher-level academic education.

Personnel who have obtained degrees in medicine from secondary specialized schools before and within a certain period of time after the implementation of this Law may take medical licensing examinations. Specific measures shall be formulated by the competent health department under the State Council in conjunction with the education, traditional Chinese medicine and other relevant departments under the State Council.

Article 65 Specific measures for the implementation of this Law by the Chinese People's Liberation Army and the Chinese People's Armed Police Force shall be formulated by the State Council and the Central Military Commission pursuant to this Law.

Article 66 The competent health department under the State Council shall formulate specific administrative measures for overseas personnel to take the medical licensing examinations, apply for registration, practice or engage in clinical teaching, clinical research, clinical academic exchanges and other relevant activities.

Article 67 This Law shall come into force as of March 1, 2022. The Law on Licensed Doctors of the People's Republic of China shall be repealed simultaneously.