Measures of the Chinese People's Liberation Army for the Implementation of the Law of China on Medical Practitioners

 2018-07-06  13


· Area of Law: Military Health and Sanitation

· Level of Authority: Military Regulations

· Date issued:09-14-2000

· Effective Date:09-14-2000

· Status: Effective

· Issuing Authority: State Council Central Military Commission

 

Order of the State Council of the People's Republic of China and the Central Military Commission of the People's Republic of China(No. 290)

The Measures of the Chinese People's Liberation Army for the Implementation of the Law of the People's Republic of China on Medical Practitioners are hereby promulgated and shall come into force as of the date of promulgation.
Premier of the State Council Zhu Rongji
President of the People's Republic of China Jiang Zemin
September 14, 2000
Measures of the Chinese People's Liberation Army for the Implementation of the Law of the People's Republic of China on Medical Practitioners
Article 1 These Measures are formulated according to the Law of the People's Republic of China on Medical Practitioners (hereinafter referred to as the Law on Medical Practitioners).
Article 2 The work relating to military doctors shall be in the charge of the General Political Department and the General Logistics Department of the Chinese People's Liberation Army.
The political affairs departments and the logistics (combined logistics) departments at all levels of the army shall, according to the division of functions, take the charge of the administrative work relating to doctors corresponding to their levels.
The term "doctors" as mentioned in these Measures includes the practicing doctors and practicing assistant doctors.
Article 3 Any military staff member who meets the conditions as prescribed in Articles 9 and 10 of the Law on Medical Practitioners may sit for the medical qualification examination.
Any military staff member who plans to sit for the medical qualification examination shall, within the prescribed time limit, sign up at the entity where he works and fill out a registration form for the medical qualification examination for military staff members. For those military staff members who are found to meet the relevant conditions upon examination by the cadres branch of the political affairs department and the sanitary branch of the logistics (combined logistics) department of a military entity at or above the regimental level or the medical affairs branch and the political affairs branch of an institution for medical treatment, medical precaution and health care at or above the regimental level, the sanitary branch of the logistics (combined logistics) department of the entity at or above the regimental level or the medical affairs branch of the institution for medical treatment, medical precaution and health care at or above the regimental level shall collectively go through the formalities for sitting for the examination at the sanitary administrative department of the local people's government at or above the county level, and shall organize the aforesaid military staff members to sit for the medical qualification examination.
The examination on practical skills for the military staff members who have sit for the medical qualification examination shall be organized and conducted by the cadres branch of the political affairs department and the sanitary branch of the logistics (combined logistics) department of the general department, arms corps, military command and any other entity of the corresponding level (hereinafter referred to as the entity at the level of military command).
Article 4 The scores gotten by military staff members and the relevant information on the medical qualification examination shall be circulated by the sanitary administrative department under the State Council to the sanitary branch of the General Logistics Department.
The cadres branch of the General Political Department and the sanitary branch of the General Logistics Department shall, on the basis of the passing score of the medical qualification examination as determined by the sanitary administrative department under the State Council and the scores of the examination on practical skills for military staff members, determine the name list of those military staff members who have passed the medical qualification examination, and notify this to the cadres branches of the political affairs departments and the sanitary branches of the logistics (combined logistics) departments of the entities at the level of military command where the above-mentioned military staff members work.
The sanitary branch of the logistics (combined logistics) department of an entity at the level of military command shall, on the basis of the name list as notified by the cadres branch of the General Political Department and the sanitary branch of the General Logistics Department, verify and issue medical qualification certificates as prescribed by the sanitary administrative department under the State Council to those military staff members who have passed the medical qualification examination.
Article 5 A military doctor who has obtained the qualification for doctors may file an application for practicing registration of doctors with the cadres branch of the political affairs department and the sanitary branch of the logistics (combined logistics) department of the entity at the level of military command where he works.
A military doctor filing an application for practicing registration of doctors shall fill out an application form for practicing registration of military doctors, which shall be reported, level by level, to the sanitary branch of the logistics (combined logistics) department of the entity at the level of military command by the sanitary branch of the logistics (combined logistics) department of an entity at or above the regimental level or the medical affairs branch and the political affairs branch of an institution for medical treatment, medical precaution and health care at or above the regimental level, and shall be subject to the joint examination and approval of the cadres branch of the political affairs department and the sanitary branch of the logistics (combined logistics) department of the entity at the level of military command.
A military institution for medical treatment, medical precaution and health care department may collectively go through the formalities for registration of doctors thereof.
Unless it is under the circumstances as prescribed in Article 15 of the Law on Medical Practitioners, the cadres branch of the political affairs department and the sanitary branch of the logistics (combined logistics) department of the entity at the level of military command shall approve the aforesaid registration within 30 days upon receipt of an application, and the sanitary branch of the logistics (combined logistics) department of the entity at the level of military command shall issue practicing certificates for military doctors as uniformly printed by the cadres branch of the General Political Department and the sanitary branch of the General Logistics Department.
Where an application for registration is found to be unqualified upon examination and the registration is thus disapproved, the sanitary branch of the logistics (combined logistics) department of the entity at the level of military command that accepts the application for registration shall notify the sanitary branch of the logistics (combined logistics) department of the entity where the applicant works or the medical affairs branch of the institution for medical treatment, medical precaution and health care at or above the regimental level of the result and explain the reasons.
Article 6 Anyone who has not been subjected to practicing registration and has not obtained a practicing certificate for military doctors shall not engage in medical practice in the army.
No entity in the army that has the power of appointment and exemption may appoint any person who has not obtained a practicing certificate for military doctors to a medical professional technical post.
Article 7 Where a military doctor registered is under any of the circumstances as mentioned in Article 16 of the Law on Medical Practitioners or is under any of the following circumstances, the entity where he works shall, within 30 days, report this to the organ that approves the registration, which shall cancel the registration and take back his practicing certificate for military doctors:
(1)being discharged from military services or punished by expulsion;
(2)being transferred to the local people's government for resettlement after he is transferred to civilian work, is demobilized, leaves his post for rest or retires and no longer engages in the services of medical treatment, medical precaution and health care; or
(3)any other circumstance as prescribed by the army under which the engagement in services of medical treatment, medical precaution and health care is improper.
Article 8 Where any military doctor alters his practicing classification or scope within the entity at the level of military command, he shall go through the formalities for registration alteration at the organ that approves the registration.
Where any military doctor alters his practicing place, classification or scope between the entities at the level of military command, he shall, upon the strength of a certification issued by the organ that originally approves the registration, apply to the new entity for going through the formalities for registration alteration under Article 5 of these Measures.
Article 9 Where a military doctor is transferred to the local people's government for resettlement and continuously engages in the services of medical treatment, medical precaution or health care after he is transferred to civilian work, is demobilized, leaves his post for rest or retires, he shall turn in his practicing certificate for military doctors, and shall, upon the strength of a certification issued by the organ that originally approves the registration, apply for going through the formalities for registration alteration at the sanitary administrative department of the people's government at or above the county level, and obtain a practicing certificate for doctors.
Article 10 Where a local doctor continuously engages in the services of medical treatment, medical precaution and health care after he is enrolled in the army, he shall turn in his practicing certificate for doctors, and shall, upon the strength of a certification issued by the local organ that originally approves the registration, apply for going through the formalities for registration alteration at the sanitary branch of the logistics (combined logistics) department of the entity at the level of military command where he works and obtain a practicing certificate for military doctors.
Article 11 The cadres branch of the political affairs department and the sanitary branch of the logistics (combined logistics) department of an entity at the level of military command shall, prior to the end of December every year, report the conditions on approval, cancellation and alteration of registration of military doctors of that year to the cadres branch of the General Political Department and the sanitary branch of the General Logistics Department.
Article 12 In addition to the obligations as prescribed in Article 22 of the Law on Medical Practitioners, a military doctor shall still perform the following obligations:
(1)obeying orders and commands;
(2)performing the duties of military doctors, and dedicating himself to serving the army and the wounded and the sick;
(3)studying the knowledge on sanitation and odd-jobs for peacetime and wartime as well as the knowledge on sanitation and epidemic precaution, improving his level for rescuing and curing the wounded, and accomplishing sanitation, odd-job and safeguarding tasks for peacetime and wartime; and
(4)guiding the army to carry out drills on rescuing and curing the injured, and conducting health education to the military staff.
Article 13 No military doctor may commit any of the following acts:
(1)refusing to diagnose or treat the wounded or the sick;
(2)promoting medicines, medical or sanitarian apparatuses to the wounded, the sick or the family members thereof;
(3)conducting private diagnosis and treatment services for making profits;
(4)conducting medical advertising in the capacity of military doctors; and
(5)committing any other act that damages the image of the army or the interests of the sick or the wounded.
Article 14 The assessment and training of military doctors shall be organized and conducted by the cadres branch of the political affairs department and the sanitary branch of the logistics (combined logistics) department of an entity at the level of military command according to the Law on Medical Practitioners and the relevant provisions as formulated by the army.
Article 15 A military doctor that is under any of the following circumstances shall be honored or awarded according to the relevant provisions of the Ordinances of the Chinese People's Liberation Army on Disciplines:
(1)demonstrating high medical ethics in the course of medical practice, or having outstanding deeds in the course of serving the army, the wounded or the sick;
(2)dedicating himself to clinical work, having perfect leechcraft, or accomplishing medical and rescuing tasks with outstanding achievements;
(3)being not afraid of sacrifice in the battlefield rescuing and accomplishing tasks with outstanding performances;
(4)having outstanding performances in healing the wounded and rescuing the dying under emergency circumstances, such as natural disasters, outbreaks of infectious diseases, sudden accidents with major casualties or other emergencies which pose a serious threat to the life and health of the military staff or the people;
(5)having worked hard for a long time at grass-roots entities or the entities with difficult conditions in remote or poverty-stricken areas;
(6)making major breakthroughs in medical scientific and technological researches; or
(7)any other circumstance as prescribed by the state or the army under which a honor or award shall be given.
Article 16 Where a practicing certificate for doctors is obtained by a military doctor through any unjustifiable means, it shall be revoked by the department of the army that issued the above-mentioned certificate, and the principal and the persons that are held to be directly responsible shall be punished according to the relevant provisions in the Ordinances of the Chinese People's Liberation Army on Disciplines.
Article 17 Where any military doctor commits any act mentioned in Article 37 of the Law on Medical Practitioners or commits any of the following acts, he shall be punished according to the relevant provisions in the Ordinances of the Chinese People's Liberation Army on Disciplines, and the sanitary branch of the logistics (combined logistics) department of a military entity at or above the regimental level may order him to suspend his practice for six months up to one year; where the circumstance is serious enough, the practicing certificate shall be revoked; if a crime is constituted, he shall be subject to criminal liabilities:
(1)refusing to diagnose or treat the wounded or the sick;
(2)soliciting and accepting money or property from the wounded or the sick by making use of his position, or promoting medicines, medical or sanitarian apparatuses to the sick, the wounded or the family members thereof, or seeking other improper interests;
(3)illegally carrying out medical practice or conducting medical advertising by making use of the mass media, and causing very bad influences;
(4)failing to obey orders under emergency circumstances, such as natural disasters, outbreaks of infectious diseases, sudden accidents with major casualties or other emergencies which pose a serious threat to the life and health of the military staff or the people; or
(5)violating the provisions as formulated by the state or the army and causing other serious damage to the wounded or the sick.
Where any military doctor causes an accident in his work relating to medical treatment, medical precaution or health care, he shall be punished according to the laws, or the relevant provisions as formulated by the state or the army.
Article 18 Where any military staff member who is not a doctor carries out medical treatment, he shall be punished according to the relevant provisions in the Ordinances of the Chinese People's Liberation Army on Disciplines; if any patient is thus harmed, he shall assume the liability for compensation; if a crime is constituted, he shall be subject to criminal liabilities.
Article 19 Where there is any military staff member who has obtained a medical professional technical post according to the relevant provisions as formulated by the state or the army prior to the promulgation of the Law on Medical Practitioners on June 26, 1998, he can obtain a corresponding qualification for doctors after the cadres branch of the political affairs department and the sanitary branch of the logistics (combined logistics) department of the entity at or above the regimental level where he works or the medical affairs branch and the political affairs branch of the institution for medical treatment, medical precaution and health care at or above the regimental level reports it to the cadres branch of the political affairs department and the sanitary branch of the logistics (combined logistics) department of the entity at the level of military command for verification. For those doctors who still engage in the services of medical treatment, medical precaution and health care in institutions of or posts for medical treatment, medical precaution and health care, the entities at or above the regimental level where the above-mentioned military staff members work shall collectively report this to the cadres branch of the political affairs department and the sanitary branch of the logistics (combined logistics) department of the entity at the level of military command for registration and issuance of practicing certificates for military doctors according to the relevant provisions in the Law on Medical Practitioners and these Measures.
Article 20 The measures for the administration of medical orderlies who engage in the services of medical treatment, medical precaution and health care in grass-roots entities of the army shall be separately formulated by the General Logistics Department.
Article 21 Where a military institution for medical treatment, medical precaution and health care intends to employ local doctors, it shall be subject to the examination and approval of the sanitary branch of the logistics (combined logistics) department of the entity at the level of military command. And the doctors to be employed shall have obtained the certificates for doctors, and shall, upon the strength of a certification issued by the employing entity, go through the formalities for altering the practicing registration at the sanitary administrative department at the original place for practicing registration, and turn in his original practicing certificate for doctors, and the sanitary branch of the logistics (combined logistics) department of the entity at the level of military command shall handle the formalities for practicing registration.
If a military entity illegally employs local doctors or non-doctors for medical treatment, the principal and the persons that are held to be directly responsible shall be punished according to the relevant provisions in the Ordinances of the Chinese People's Liberation Army on Disciplines. Any local non-doctor as employed shall be punished by the sanitary administrative department of the local people's government at or above the county level; if any patient is thus harmed, the aforesaid non-doctor shall assume the liability for compensation; and if a crime is constituted, he shall be subject to criminal liabilities.
Article 22 The work relating to the doctors of the Chinese People's Armed Police Force shall be governed by these Measures.
Article 23 These Measures shall come into force as of the date of promulgation.