10 highlights! The Physicians Act will be revised with great weight

Recently, the 25th session of the Standing Committee of the 13th National People's Congress considered the motion of the National People's Congress Committee on Education, Science, Arts and Health to submit for consideration the amendment of the Law on Medical Practitioners.
The Medical Practitioners Law is the first law regulating the practice of physicians in China, which has been in effect for more than 20 years since it was promulgated and implemented in 1999.
more than 20 years, with the change of environment, the improvement of the law, especially since the new medical reform, there have been many new changes in many policies, especially the medical practitioner's practice environment and requirements have changed greatly, so it is very necessary and very important to revise and perfect the law of physician practice in a timely manner.
January 27, the National People's Congress openly solicited opinions on seven laws, including the Medical Practitioners Act.
for comments will begin on 27 January and end on 25 February.
Comparing the draft of the Physicians Act (Draft) with the current Medical Practitioners Act, it is not just as simple as the name being changed from the Medical Practitioners Act to the Physicians Act, but there are many bright spots that deserve the attention of physicians and friends who want to become physicians in the future.
The author through the old and new law comparison, summarized as ten bright spots: First, the name is less "practising" two words, highlighting the breadth and depth of the new law as the name implies, "practicing physician law" highlights the regulation of the practice of physicians, and remove the word "practicing" to "physician law", not only emphasize the practice of physicians to regulate, but also emphasize the legitimate rights and interests of physicians should also be scientific protection.
the spirit of the new law can be seen from the new law's new content and the expression of legislative purpose.
the draft Physicians Act, there are seven chapters and 58 articles, an increase of one chapter and ten articles over the current Medical Practitioners Act.
A new chapter is "Safeguard Measures" and the existing laws have been substantially revised to further safeguard the legitimate rights and interests of physicians and their treatment, improve the duties and obligations of physicians, improve the management system for the registration of medical examinations, improve the training and assessment system for physician education, and improve legal liability.
the first legislative purpose of the Law on Medical Practitioners is to strengthen the construction of the medical staff, improve the professional ethics and professional quality of physicians, safeguard the legitimate rights and interests of physicians, protect the health of the people, and enact this Law.
the first legislative purpose of the Physicians Law is to enact this Law in order to protect the health of the people, regulate the practice of physicians, safeguard the legitimate rights and interests of physicians and the public, and promote the construction of a healthy China.
The new law will not only put the protection of people's health in the first sentence of the purpose of legislation, but also will protect the legitimate rights and interests of the public and protect the legitimate rights and interests of physicians together, but also reflect the fundamental of legislation, because the fundamental protection of the legitimate rights and interests of physicians is to protect the legitimate rights and interests of the public.
2. Increase the management department of physicians, highlight the need for multi-sectoral cooperation in the work of physicians, Article 4 of the draft Physicians Law, not only clearly the state health and health departments of the State Council is the competent department of national physicians, but also add the relevant departments of education, human resources and social security, Chinese medicine management and other departments under the State Council in their respective areas of responsibility to be responsible for the management of relevant physicians, further highlighting that physicians are social physicians, their education, training, title, treatment needs the common care and love of all departments.
. The Chinese Physicians' Day on August 19th was written into Article 5 of the draft Physicians Law, which clearly states that August 19th is a Chinese Physicians' Day every year and is a common holiday for medical workers.
, he went on to point out that medical workers who contribute to the work of health care services are recognized or rewarded in accordance with the provisions.
on the basis of the original "the whole society should respect physicians", it is proposed that "people's governments at all levels and the whole society should respect and care for medical workers ... To help solve difficulties and promote the formation of a good atmosphere of respect for medical care and health care in the whole society" appears to have both a sense of ceremony and practical practice.
, cancel the qualification of secondary education, the establishment of a five-year transition period Of the draft Law on Physicians continue to adhere to the "state implementation of the medical qualification examination system."
However, in the qualification examination of medical practitioners, the provisions of "one year after the probationary period of undergraduate degree" and "two years of professional education" were retained, and the provision of "having a medical degree in a secondary professional school and working in a medical, preventive and health care institution for five years" was deleted.
that is to say, in the future, secondary school graduates are not qualified to obtain a doctor's qualification certificate, also can not be a doctor.
, the draft gives a five-year "transitional period" given that there is still a large number of secondary medical schools that continue to have students. Article 55 of the draft
stipulates that within five years from the date of the implementation of this Law, persons with medical qualifications in secondary professional schools may take the examination for medical qualifications, and the specific measures shall be formulated by the competent department of health and health under the State Council in cooperation with the relevant competent departments of education, Chinese medicine and so on.
also proposed that the State should take measures to encourage personnel with medical professional qualifications in secondary professional schools to improve their medical technical ability and level by participating in higher-level education.
but in reality there are still some only secondary education, and older practitioners still want to obtain medical qualifications as doctors, how to do? The draft absorbs the relevant contents of the Chinese Medicine Law, and proposes that, in accordance with the provisions of the Chinese Medicine Law, "persons who study Chinese medicine by way of teachers or who, after many years of practice, do have expertise in medicine" may obtain the relevant medical qualifications in accordance with the law.
, in the future to use secondary education to obtain "clinical medicine" category of physician qualifications, I am afraid not.
5. Proposing new regulations on the registration of medical practitioners In respect of the registration of medical practitioners, the draft continues to apply the Medical Practitioners Act, "After registration, a physician may practise in a medical and health institution in accordance with the registered place of practice, the type of practice and the scope of practice, and engage in the corresponding medical and health services."
The practice certificate has not been obtained without the registration of a physician, may not engage in the practice of a physician" provisions, but two new provisions have been added, one is that "the scope of practice registered by a physician should be appropriate to the setting of the subject of diagnosis and treatment in the institution in which the practitioner is practising" and the other is that "physicians may increase the scope of practice after training and examination".
This addition of the first, in fact, clearly stipulates that a physician wants to go to a medical institution to practice, first of all to see if the medical institution has the same scope of practice as their own department, such as you are an obstetrician and gynecologist, but this hospital does not set up obstetrics and gynecology, you can not go, and you obstetrician can not go to the general clinic practice, as if you hold C can not drive a motorcycle (E or F).
the increase in the number of doctors also provides a legal basis for physicians to increase the scope of practice. Article 14 of the draft
adds two articles to the "no registration" provision, one is "serious violation of physician professional ethics, medical ethics" and the other is "less than one year since the doctor's examination was cancelled from the practice registration", which shows that in the future, the doctor's professional ethics and compliance with medical ethics, as well as the regular examination of physicians should be paid more attention to by physicians.
6. Clarify that the two cases "may not handle the change of practice registration" and open the channel for policy-specific "multi-point practice" Article 16 stipulates that physicians may not handle changes in practice registration by participating in standardized training, further education, consultation, emergency or disaster medical assistance, charitable or public medical treatment, medical treatment, undertaking national tasks and participating in important activities of government organizations.
in a medical union, a physician practising in a medical institution that has signed a support or trusteeship agreement may not handle a change in the registration of the practice.
this provision, for the orderly flow of high-quality medical resources, the policy allows for "multi-point practice" from the legal open channel.
7, the draft of a number of provisions, for the practice of physicians loosened, conducive to patient innovation in the process of emergency treatment, doctors often because of informed consent to sign (such as the Beijing Chaoyang Li Liyun incident), in the face of new diseases, such as SARS using high-dose hormones, the treatment of neo-crown pneumonia And so on, due to the lack of clear treatment measures, doctors in order to save lives and treatment needs, in the clinical need to carry out experimental treatment, and lack of legal support, the draft Law on Physicians, these issues have made clear, not only for doctors to provide legal compliance, but also for doctors to explore innovation provides a basis.
the draft law stipulates that if the opinions of patients or close relatives cannot be obtained due to emergency situations such as saving lives, the corresponding medical measures may be implemented immediately with the approval of the person in charge of the medical institution or the person in charge authorized.
shall use medicines, disinfectants and medical devices approved or filed by the relevant departments of the State.
the word "filing" here is new.
In fulfilling the obligation to inform the statement,
stated that the physician should explain the condition and medical measures to the patient in the course of the consultation and treatment activities, removing the very difficult wording "but care should be taken to avoid adverse consequences for the patient".
the draft law stipulates that doctors should adhere to the principle of safe, effective and affordable drug use in the implementation of drug treatment, and follow the guidelines for the clinical application of drugs, clinical guidelines and drug instructions.
In special cases, such as the shortage of better treatment methods, medical institutions may establish a management system to manage the use of drugs that are not clear in the drug description but have evidence-based medical basis, and clinical drug treatment may be implemented by doctors with the clear and informed consent of the patient.
, physician reporting obligations have been added two draft Article 30 to clarify the statutory reporting obligations of physicians.
In addition to the four reporting obligations under the Medical Practitioners Act for "discovery of infectious diseases, sudden unexplained diseases and abnormal health events; medical accidents; suspected injury or abnormal death of patients and other circumstances prescribed by law", two articles have been added, one is to detect adverse reactions or adverse events that may be related to drugs and medical devices, and the other is to find counterfeit or inferior drugs.
, the draft stipulates that: practicing assistant physicians can also practice independently in remote or difficult areas of county-level hospitals has always been, practicing assistant physicians can not practice independently in county-level medical institutions.
The Medical Practitioners Act stipulates that "a practicing assistant physician shall, under the guidance of a practicing physician, practise in a medical, preventive or health-care institution in accordance with his or her practice category."
A practicing assistant physician working in a medical, preventive or health-care institution in a township, ethnic township or township may independently engage in general practice activities in accordance with the circumstances and needs of medical treatment".
the draft Physicians Act, the content of which was amended to read: A practising assistant physician shall, under the guidance of a practicing physician, practise in a medical and health institution in accordance with his or her type of practice.
A practicing assistant physician practising in county-level medical and health institutions in rural areas and remote or difficult areas may independently engage in general practice activities in accordance with the circumstances and needs of medical treatment".
it is important to relax the practice of more practising assistant physicians to the county level in accordance with this requirement.
At the same time, it is stipulated that medical graduates who have not yet obtained the qualifications of practicing physicians or practicing assistant physicians, medical graduates who serve in medical and health institutions or receive standardized training, and medical students who participate in clinical teaching practices shall participate in clinical consultation and treatment activities under the supervision and guidance of medical practitioners.
this provision, in fact, it provides a legal basis for the regulation of pearsons and medical students in clinical practice to participate in clinical consultation and treatment activities.
, increase the "safeguard measures" chapter, will be a number of policies legalization, including (1) the state to establish and improve in line with the characteristics of the medical and health industry personnel, pay, job title, reward system, reflecting the professional characteristics of physicians and technical labor value.
(ii) Physicians engaged in the prevention and control of infectious diseases, radiology and mental health work and other special posts shall be given appropriate allowances in accordance with the provisions of the State.
3) Physicians working at the grass-roots level and in hard and remote areas shall be entitled to a subsidy policy in accordance with the provisions of the State, and shall receive more preferential treatment in the areas of job title assessment, career development, educational training and recognition awards.
(4) The State strengthens the construction of a talent pool for disease prevention and control and establishes a mechanism for the training and use of physicians adapted to the modern disease prevention and control system.
(5) If a practicing physician is promoted to a deputy senior technical title, he shall have accumulated more than one year's experience in providing medical and health services in medical and health institutions at or below the county level or with counterpart support.
(6) The government shall safeguard the medical practitioner's practice environment, effectively prevent and combat illegal and criminal acts involving medical practitioners in accordance with the law; medical and health institutions shall provide occupational safety and health protection supplies to medical personnel; and the press and media reports on medical and health incidents shall be true, objective and impartial.
(7) If an obstructing a physician from carrying out medical treatment in accordance with the law, insulting, slandering, threatening, beating a physician or violating the personal freedom of a physician, interfering with the normal work and life of a physician, or disturbing the order of a medical and health institution, and constitvious to the conduct of public security administration, he shall be punished in accordance with the provisions of the Law on Punishment of Public Security Administration;
, from the draft Physicians Act, this amendment is rich in content and responds to many social concerns.
has something to do with years of recurring brewing.
but slightly inadequate, there are two areas that need to be refined.
I is about the practice category although included in the draft regulation, but still sub-clinical, Chinese medicine (including the combination of Chinese and Western medicine), oral and public health and other four categories, the reality is that in townships, villages and other primary medical institutions practitioners are difficult to do only within the scope of the profession, they do more is "general medicine", that is, both to treat but also to prevent, both to understand Western medicine and to use Chinese medicine From the future direction of development, general medicine is the general trend, and there are already a large number of "rural general practice assistant doctors", but because the law provides that the category of physician registration is only divided into four categories, so that the registration of general practitioners has to create a strange "clinical and Traditional Chinese medicine" category, so it is proposed to add a parallel fifth category of "general medicine" outside the four practice categories.
second is that there is no ambush on the free practice of physicians.
"Physicians free practice" has been clearly written into the "Healthy China 2030 Plan", think should be that as long as doctors through the national examination to obtain "physician qualifications", can practice in accordance with the law throughout the country, regardless of medical institutions or outside medical institutions, should not be fixed in a medical institution or a province or county, perhaps in order to truly realize that doctors from the unit into a social person, in order to solve the problem of the masses difficult to see a doctor, perhaps, medical reform is difficult to complete the task.
Although the Supreme Law had previously re-established the offence of "unlawful practice of medicine" and the Good People Act had been arranged to protect "good deeds" which were legally supported, the Physicians Act did not, as a specialized law in the industry