-
Categories
-
Pharmaceutical Intermediates
-
Active Pharmaceutical Ingredients
-
Food Additives
- Industrial Coatings
- Agrochemicals
- Dyes and Pigments
- Surfactant
- Flavors and Fragrances
- Chemical Reagents
- Catalyst and Auxiliary
- Natural Products
- Inorganic Chemistry
-
Organic Chemistry
-
Biochemical Engineering
- Analytical Chemistry
-
Cosmetic Ingredient
- Water Treatment Chemical
-
Pharmaceutical Intermediates
Promotion
ECHEMI Mall
Wholesale
Weekly Price
Exhibition
News
-
Trade Service
826 22，，
。
。
820，《》（《》），202231
。
。
《》，，《》1999《》（《》）
。
。
“22，
。”、，，，
。
。”、，，，
。
“，
。”，20191，3
。，“”，648，767
。
。”，20191，3
。，“”，648，767
。
200912，、、、、……“”
。
。
，，、、，
。，，
。，，，、
。
。，，
。，，，、
。
、、，
。，，《》
。
。，，《》
。
“”，《》
。《》
。
。《》
。
，，“”
。
。
2021 7，，：“”，“”，“”？
，，“”，，、、、、、
。
。
“，，，，
。”
。
。”
。
《》，、，
。，、，？《》，？、
。
。，、，？《》，？、
。
Lifetime ban
"The other side of rights is obligations
.
" The second sentence of the opening chapter of the "Physician Law" is to "regulate the practice of doctors", and Article 58 for the first time proposes a "lifetime ban"
.
.
" The second sentence of the opening chapter of the "Physician Law" is to "regulate the practice of doctors", and Article 58 for the first time proposes a "lifetime ban"
.
Regarding the relevant content, Zheng Xueqian hopes that doctors "don't be in conflict.
" She believes that the law is the bottom line that must be followed.
Only when the bottom line is clear can we talk about freedom
.
" She believes that the law is the bottom line that must be followed.
Only when the bottom line is clear can we talk about freedom
.
"The rights of patients may be the obligations of doctors; the rights of doctors are also the obligations of patients
.
The two complement each other
.
" Zheng Xueqian said that doctors should also be able to understand that the "Physician Law" vigorously protects their rights because of them.
His career is noble and life is at stake
.
.
The two complement each other
.
" Zheng Xueqian said that doctors should also be able to understand that the "Physician Law" vigorously protects their rights because of them.
His career is noble and life is at stake
.
China has always advocated the supremacy of the people and the supremacy of life
.
Physicians are the guardians of people's lives and health, which is a prerequisite for safeguarding their rights and status
.
She said that the "Physician Law" clearly defines the bottom line, and telling doctors not to touch the bottom line is actually a kind of protection for them, "because once the bottom line is touched, there must be legal sanctions, and then there is nothing to do.
Saved
.
"
.
Physicians are the guardians of people's lives and health, which is a prerequisite for safeguarding their rights and status
.
She said that the "Physician Law" clearly defines the bottom line, and telling doctors not to touch the bottom line is actually a kind of protection for them, "because once the bottom line is touched, there must be legal sanctions, and then there is nothing to do.
Saved
.
"
Related events:
On April 2, 2019, the media exposed the news that Du Yuanping, deputy director of the Department of Traditional Chinese Medicine, Changde Second People's Hospital, was receiving drug rebates
.
.
The reporter came to the department of Tang's cooperative hospital as a medical representative .
Du Yuanping, deputy director of the Department of Traditional Chinese Medicine of Changde Second People's Hospital, told reporters that you must give doctors a part of the rebate.
Previously, it was 18 points.
This point cannot be lower .
Du Yuanping, deputy director of the Department of Traditional Chinese Medicine of Changde Second People's Hospital, told reporters that you must give doctors a part of the rebate.
Previously, it was 18 points.
This point cannot be lower .
"Medicine Representative" Tang said that the price of a box of the company’s broken decoction pieces is around 80 yuan, and the doctor will get a rebate of 14.
4 yuan for every such box of medicine.
The monthly fee amounts to two to three thousand yuan
.
4 yuan for every such box of medicine.
The monthly fee amounts to two to three thousand yuan
.
Changde City Health Health in the Second People's Hospital of Changde City Committee law enforcement inspection found 2018 - September January 2019, the hospital physician community level in yuan issued in Zhongshan Chi Pharmaceutical Group production of traditional Chinese medicine prescription Broken Pieces At that time, he received two cash rebates from Tang Huian, the manager of the basic medicine division of Hunan Mingjia Pharmaceutical Co.
, Ltd.
, totaling 350 yuan, and then turned them in
.
, Ltd.
, totaling 350 yuan, and then turned them in
.
On April 12, 2019, the Changde Municipal Health Commission imposed an administrative penalty of revoking the "Physician's Practice Certificate" on Du Yuanping
.
.
Correction? Unnecessary inspections and treatments?
Zheng Xueqian recalled that for "unnecessary examinations and treatments", the previous drafts were all about "excessive medical treatment".
The reason why the term was changed later was because people were particularly disgusted with the term "excessive medical treatment" at that time
.
The reason why the term was changed later was because people were particularly disgusted with the term "excessive medical treatment" at that time
.
"The reason is that the boundaries of "over-medical treatment" are not easy to grasp
.
What is excessive? What is not excessive? It is more difficult to define
.
" The language point is clearer and more maneuverable
.
.
What is excessive? What is not excessive? It is more difficult to define
.
" The language point is clearer and more maneuverable
.
She said that experts consider that doctors have some treatments that need to be explored in clinical practice.
At this time, if doctors are held accountable by "over-medical treatment", they will shrink their hands and dare not explore.
This is not the "Physician The desired effect of the Law
.
At this time, if doctors are held accountable by "over-medical treatment", they will shrink their hands and dare not explore.
This is not the "Physician The desired effect of the Law
.
"The law hopes to regulate the behavior of doctors without restricting their normal professional exploration
.
" Zheng Xueqian said
.
.
" Zheng Xueqian said
.
"In fact, unnecessary inspections and treatments exist in some cases
.
" Deng Liqiang said
.
He introduced an example of his own
.
Once he went to the hospital to pull his teeth, and the hospital gave him a bunch of checklists, including AIDS, syphilis, and heart checkups
.
.
" Deng Liqiang said
.
He introduced an example of his own
.
Once he went to the hospital to pull his teeth, and the hospital gave him a bunch of checklists, including AIDS, syphilis, and heart checkups
.
"I was surprised, so I asked, take a tooth, as for? The other party said that it must be checked, otherwise the tooth will not be extracted for you
.
"
.
"
Why is there such a phenomenon? Deng Liqiang believes that this is a defensive medical measure taken by doctors under certain circumstances
.
.
He introduced that in China's medical dispute handling system, the burden of proof was inverted during the eight years from 2002 to 2010
.
In other words, according to the laws and regulations at the time, the medical institution should prove that the patient was harmed during the diagnosis and treatment activities, and prove that there is no causal relationship between the medical behavior and the damage result, otherwise it will be liable
.
.
In other words, according to the laws and regulations at the time, the medical institution should prove that the patient was harmed during the diagnosis and treatment activities, and prove that there is no causal relationship between the medical behavior and the damage result, otherwise it will be liable
.
Deng Liqiang gave an example.
If a patient undergoes invasive operations such as tooth extraction, blood transfusion, or surgery in the hospital, and after a certain period of time, if he is infected with AIDS, etc.
, if the hospital cannot prove that the patient's infection has nothing to do with the hospital treatment, the patient must be compensated
.
He believes that this inversion of the burden of proof has caused many hospitals to assume responsibility that they should not have assumed, and that caused doctors to "have to" conduct defensive medical treatment
.
If a patient undergoes invasive operations such as tooth extraction, blood transfusion, or surgery in the hospital, and after a certain period of time, if he is infected with AIDS, etc.
, if the hospital cannot prove that the patient's infection has nothing to do with the hospital treatment, the patient must be compensated
.
He believes that this inversion of the burden of proof has caused many hospitals to assume responsibility that they should not have assumed, and that caused doctors to "have to" conduct defensive medical treatment
.
"It needs to be emphasized that the "inversion of burden of proof" was abolished as early as 2010.
" He said that if patients want to prove hospital infringement, they must provide evidence by themselves, otherwise the hospital cannot be held responsible.
Before operation, there is no need to open so many checklists"
.
" He said that if patients want to prove hospital infringement, they must provide evidence by themselves, otherwise the hospital cannot be held responsible.
Before operation, there is no need to open so many checklists"
.
"Some hospitals still comply with the system formed in a specific period.
This needs to be corrected gradually
.
" Deng Liqiang expressed that he hoped that with the promulgation of the "Physician Law", the medical profession could take a look at the other way around, "Which inspections are relevant to a certain These medical actions are necessary? Which are the defensive medical mechanisms formed under a specific legal environment?"
This needs to be corrected gradually
.
" Deng Liqiang expressed that he hoped that with the promulgation of the "Physician Law", the medical profession could take a look at the other way around, "Which inspections are relevant to a certain These medical actions are necessary? Which are the defensive medical mechanisms formed under a specific legal environment?"
Off-label medication? Protected by law
"Using drugs off the label" was originally a term that violated the norms
.
However, in the treatment work of doctors, the update of the drug inserts cannot keep up with the pace of clinical practice, which makes doctors afraid to use medicines, or causes disputes between doctors and patients
.
.
However, in the treatment work of doctors, the update of the drug inserts cannot keep up with the pace of clinical practice, which makes doctors afraid to use medicines, or causes disputes between doctors and patients
.
Zheng Xueqian introduced that the "Physician Law" actually gives doctors certain rights
.
In the course of treatment, under special circumstances, such as no effective or better treatment, the physician cannot be restricted in exploratory medical treatment after obtaining the patient’s informed consent
.
.
In the course of treatment, under special circumstances, such as no effective or better treatment, the physician cannot be restricted in exploratory medical treatment after obtaining the patient’s informed consent
.
The instructions also have a certain legal effect, but the "Physician Law" passed by the National People's Congress has a higher legal level and effect.
Doctors' off-instruction drug use has a legal basis, "you can use it with a tight waist
.
"
Doctors' off-instruction drug use has a legal basis, "you can use it with a tight waist
.
"
Related research:
A study published in the 30th issue of "Journal of Pharmaceutical Epidemiology" in 2021, retrieved cases of medical damage liability disputes related to off-label use of drugs searched online in Chinese adjudication documents from January 2013 to October 2020, and analyzed off-label drug liability disputes.
the type of medication, the result of the penalty, penalty and other reasons
.
the type of medication, the result of the penalty, penalty and other reasons
.
Among the 26 cases that fit the research scope, overdose medication and over-indication medication are the most common, accounting for 34.
62% and 30.
77% respectively (Table 1)
.
In the final 7 cases (26.
92%), the doctor was judged not to be responsible; 5 cases (19.
23%) caused the doctor to be liable for compensation due to medical faults other than the off-label use of drugs; 14 cases (53.
84%) were caused by medical damage liability disputes.
If the prescription of the off-label drug judges that the doctor has medical fault, he shall bear up to 95% of the compensation liability (Table 2)
.
62% and 30.
77% respectively (Table 1)
.
In the final 7 cases (26.
92%), the doctor was judged not to be responsible; 5 cases (19.
23%) caused the doctor to be liable for compensation due to medical faults other than the off-label use of drugs; 14 cases (53.
84%) were caused by medical damage liability disputes.
If the prescription of the off-label drug judges that the doctor has medical fault, he shall bear up to 95% of the compensation liability (Table 2)
.
In 13 cases, the judgments clearly pointed out the reasons for the punishment
.
Among them, 6 cases (42.
86%) had the problem of incomplete notification by the doctors and insufficient performance of protecting patients’ right to know; 4 cases (28.
57%) had medication errors after medical damage liability identification; 1 case (3.
85%) had insufficient notifications, In addition, the off-label medication was not filed by the relevant department of the hospital; 2 cases (7.
79%) were not fully informed by the doctor, and the reason for the off-label medication was not recorded in the medical records
.
.
Among them, 6 cases (42.
86%) had the problem of incomplete notification by the doctors and insufficient performance of protecting patients’ right to know; 4 cases (28.
57%) had medication errors after medical damage liability identification; 1 case (3.
85%) had insufficient notifications, In addition, the off-label medication was not filed by the relevant department of the hospital; 2 cases (7.
79%) were not fully informed by the doctor, and the reason for the off-label medication was not recorded in the medical records
.
Figure: Qi Junsheng, Ji Yachun, Li Juan.
Case analysis of medical damage liability disputes related to off-label use of drugs[J].
Journal of Pharmaceutical Epidemiology, 2021, 30 (05): 321-325.
Case analysis of medical damage liability disputes related to off-label use of drugs[J].
Journal of Pharmaceutical Epidemiology, 2021, 30 (05): 321-325.
Increase the scope of practice
"In the new Physician Law, the scope of practice of doctors is liberalized
.
" Zheng Xueqian introduced that according to past regulations, there is a limit to the scope of doctors' practice registration
.
For example, physicians can only see internal medicine; general surgeons can only see general surgery
.
.
" Zheng Xueqian introduced that according to past regulations, there is a limit to the scope of doctors' practice registration
.
For example, physicians can only see internal medicine; general surgeons can only see general surgery
.
But now, with the development of medical careers, many interdisciplinary subjects have emerged.
For example, physicians also need to provide interventional treatments for patients, which requires that the law also need to be expanded
.
For example, physicians also need to provide interventional treatments for patients, which requires that the law also need to be expanded
.
Responding to the problem of the scope of practice of Chinese medicine and Western medicine
For a long time, the scope of diagnosis and treatment of Chinese medicine and Western medicine has become the focus of discussion in the industry from time to time.
The new "Physician Law" has responded to this problem
.
The new "Physician Law" has responded to this problem
.
Zheng Xueqian explained that this is also based on consideration of the actual situation
.
At present, many county-level hospitals have not yet set up TCM departments.
Physicians who graduated from TCM, TCM and Western medicine may fall into a situation where patients complain about “illegal practice”
.
.
At present, many county-level hospitals have not yet set up TCM departments.
Physicians who graduated from TCM, TCM and Western medicine may fall into a situation where patients complain about “illegal practice”
.
She has encountered similar cases
.
A doctor with a degree in Chinese medicine, after two years of oncology training, worked in the oncology department of a district hospital
.
One day while on a night shift, a patient died
.
Later, the patient’s family told the doctor to practice medicine illegally, "making a mess
.
"
.
A doctor with a degree in Chinese medicine, after two years of oncology training, worked in the oncology department of a district hospital
.
One day while on a night shift, a patient died
.
Later, the patient’s family told the doctor to practice medicine illegally, "making a mess
.
"
She said that the current adjustment of the "Physician Law" is necessary for the development of traditional Chinese medicine, a kind of support for the practice of Chinese medicine, Chinese and Western medicine graduate doctors, and an encouragement to explore the integration of Chinese and Western medicine
.
.
Respond to more practice
Article 15 If a doctor regularly practices in two or more medical and health institutions, he shall focus on one medical and health institution and go through relevant procedures in accordance with the relevant provisions of the state
.
.
Add
The state has always advocated the equalization of medical resources
.
For this reason, there have always been voices supporting "open and free practice" in the industry
.
.
For this reason, there have always been voices supporting "open and free practice" in the industry
.
Deng Liqiang introduced that during the discussion on the revision of the law, some experts indeed asked, is there no need to restrict the place of practice? However, considering that the situation in China is that the doctors are all unit members, and the unit provides them with training, promotion, welfare and other guarantees, then from the perspective of managers, letting doctors be freed is not in line with the management norms of employers.
, Also does not conform to the actual national conditions of "the medical staff of public hospitals are uniformly deployed by the state
.
"
, Also does not conform to the actual national conditions of "the medical staff of public hospitals are uniformly deployed by the state
.
"
He introduced that, considering these circumstances, the final phrase in the "Physician Law" means that a province is a registered area for practice, and each doctor uses a medical institution as the registration location as the main practice unit
.
Practicing in other medical institutions outside of the registration point in the region can be filed
.
.
Practicing in other medical institutions outside of the registration point in the region can be filed
.
"This is a certain degree of liberalization, but it is based on our reality.
" Deng Liqiang said that this not only promotes the flow of doctors, but also for managers, they will not face doctors like lawyers.
Condition
.
" Deng Liqiang said that this not only promotes the flow of doctors, but also for managers, they will not face doctors like lawyers.
Condition
.
Related events:
Guangzhou:
In July 2021, "Credit Guangzhou" issued a piece of administrative penalty information.
A dental clinic in Guangzhou that was established for less than three and a half years was given a warning and fined 33,000 for using practitioners whose practice registration location is not in the institution to engage in dental diagnosis and treatment activities.
Yuan
.
A dental clinic in Guangzhou that was established for less than three and a half years was given a warning and fined 33,000 for using practitioners whose practice registration location is not in the institution to engage in dental diagnosis and treatment activities.
Yuan
.
Hangzhou:
In November 2020, when the Hangzhou Xiacheng District Health Supervision Office inspected a traditional Chinese medicine clinic in its jurisdiction, it punished a case of "invalidity" in the multi-institution practice record of doctors
.
In Tonglu County, Hangzhou, a deputy chief physician was given a warning and fined 20,000 yuan for practicing in multiple institutions without filing
.
.
In Tonglu County, Hangzhou, a deputy chief physician was given a warning and fined 20,000 yuan for practicing in multiple institutions without filing
.
Shenzhen:
In March 2020, the WeChat public account of "Shenzhen Health Supervision" released a case of multiple practice without filing and being punished
.
The clinic has not changed its registration and has not applied for multi-point practice registration.
The doctor in this clinic, Liu, conducts medical practice activities for patients
.
The clinic was fined 10,000 yuan, and the doctor was fined 5,000 yuan
.
.
The clinic has not changed its registration and has not applied for multi-point practice registration.
The doctor in this clinic, Liu, conducts medical practice activities for patients
.
The clinic was fined 10,000 yuan, and the doctor was fined 5,000 yuan
.
Open salary system to explore space
picture
Since public hospitals have completely bid farewell to "replenishing medicine with medicine", the reform of the salary system is particularly critical in the advancement of the comprehensive reform of public hospitals
.
.
Article 44 of the "Physician Law" provides support for promoting the establishment of an incentive mechanism of "more work, more rewards, better performance and better remuneration" to further mobilize the enthusiasm of medical staff
.
.
"This is an open legislative expression, and everyone is encouraged to explore.
" Zheng Xueqian introduced, as to what is the personnel, salary, title, and reward system that reflect the professional characteristics of physicians and the value of technical labor, various ministries and medical institutions need to conduct research.
Then formulate specific regulations
.
" Zheng Xueqian introduced, as to what is the personnel, salary, title, and reward system that reflect the professional characteristics of physicians and the value of technical labor, various ministries and medical institutions need to conduct research.
Then formulate specific regulations
.
It is forbidden to infringe on the personal dignity and personal safety of doctors
In recent years, medical injuries and medical incidents that have occurred from time to time in medical institutions have chilled the hearts of the majority of medical staff
.
Although the state has taken many measures, including special operations to combat medical-related crimes, and the criminalization of medical treatment, the situation has improved a lot, but it has not changed fundamentally
.
.
Although the state has taken many measures, including special operations to combat medical-related crimes, and the criminalization of medical treatment, the situation has improved a lot, but it has not changed fundamentally
.
Therefore, in the process of revising the law, the public opinion calling for "increase the safety guarantee for doctors' practice" is relatively strong
.
.
"A clear-cut protection of the rights and interests of doctors is the biggest breakthrough of the "Physician Law"
.
" Deng Liqiang believes that whether it is to incorporate the prevention and handling of medical disputes into the comprehensive social security management system, or to emphasize medical institutions, and even the news media The responsibility, including the legalization of the Physician’s Day, is to improve the overall political treatment, social status treatment, and occupational safety treatment of doctors.
“This is a clear social norm information transmission, and there is no ambiguity or balance
.
”
.
" Deng Liqiang believes that whether it is to incorporate the prevention and handling of medical disputes into the comprehensive social security management system, or to emphasize medical institutions, and even the news media The responsibility, including the legalization of the Physician’s Day, is to improve the overall political treatment, social status treatment, and occupational safety treatment of doctors.
“This is a clear social norm information transmission, and there is no ambiguity or balance
.
”
Related events:
At about 1:55 pm on January 20, 2020, a violent medical incident occurred in the ophthalmology department of Chaoyang Hospital.
A total of three medical staff were chopped and another patient was injured.
One of the doctors suffered the most serious injury, with a broken left hand and a nerve.
Muscle and blood vessel rupture, head injury, occipital bone fracture, blood loss of 1500ml, only two weeks later to escape the danger of life, the doctor is Tao Yong, deputy director of the Department of Ophthalmology of Chaoyang Hospital
.
A total of three medical staff were chopped and another patient was injured.
One of the doctors suffered the most serious injury, with a broken left hand and a nerve.
Muscle and blood vessel rupture, head injury, occipital bone fracture, blood loss of 1500ml, only two weeks later to escape the danger of life, the doctor is Tao Yong, deputy director of the Department of Ophthalmology of Chaoyang Hospital
.
The young doctor who has just turned 40 has fallen into the darkest moment of his life, especially when he wakes up after the operation, only to know that the person who hurt him is the person he has tried his best to treat
.
"Why is this?" Tao Yong asked himself repeatedly, with no solution
.
.
"Why is this?" Tao Yong asked himself repeatedly, with no solution
.
On April 13, 84 days after being chopped, Tao Yong was discharged from the hospital
.
.
Tao Yong returned to the hospital on May 18 to resume the outpatient clinic
.
.
On the morning of February 2, 2021, Beijing's Third Intermediate People's Court publicly sentenced Beijing Chaoyang Hospital to the death sentence of the defendant Cui Zhenguo for intentional homicide, suspended for two years, and deprived of political rights for life
.
.
On Physician's Day in 2021, Tao Yong revealed that his left hand, which was chopped off, still cannot wear a mask for himself, let alone return to the operating table
.
.
Public rescue and exemption
In recent years, there have been many cases of doctors treating people with sudden illnesses in public places such as high-speed rail, subway, and public transportation, making the image of "white angels" of medical staff further highlighted
.
However, there is no lack of chilling things
.
.
However, there is no lack of chilling things
.
Regarding the proposal of the new provisions of the Physician Law, Zheng Xueqian said that this is to give doctors a certain right of rescue, which is to make doctors dare to extend a helping hand and actively rescue
.
.
She said that doctors have professional knowledge and skills, and participation in rescue is more beneficial to patients.
They should be encouraged, especially if doctors actively participate in rescue in public places and are not statutory duties, they should be exempted from liability
.
They should be encouraged, especially if doctors actively participate in rescue in public places and are not statutory duties, they should be exempted from liability
.
Related events:
On September 7, 2017, a 72-year-old lady Qi went to a pharmacy in Shenyang, Liaoning to buy medicine, and suddenly passed out
.
.
The shop owner, Mr.
Sun, performed cardiopulmonary resuscitation on her.
Twenty minutes later, Mrs.
Qi was taken to Kangping County People's Hospital by 120 ambulance
.
Sun, performed cardiopulmonary resuscitation on her.
Twenty minutes later, Mrs.
Qi was taken to Kangping County People's Hospital by 120 ambulance
.
Diagnosed by Kangping County Hospital, Mrs.
Qi had multiple rib fractures on both sides
.
Qi had multiple rib fractures on both sides
.
Subsequently, the old man sued Mr.
Sun and claimed for medical expenses of 9,846.
72 yuan, excluding disability compensation
.
Sun and claimed for medical expenses of 9,846.
72 yuan, excluding disability compensation
.
Mr.
Sun said that he has a "village doctor's certificate" and a "medicine license", and he has made no mistakes in the operation of cardiopulmonary resuscitation for the elderly
.
Sun said that he has a "village doctor's certificate" and a "medicine license", and he has made no mistakes in the operation of cardiopulmonary resuscitation for the elderly
.
Because of this incident, Mr.
Sun’s pharmacy business gradually became deserted.
He closed the store in June 2019 and opened a new pharmacy elsewhere
.
Sun’s pharmacy business gradually became deserted.
He closed the store in June 2019 and opened a new pharmacy elsewhere
.
On December 31, 2019, the court rejected the granny's request
.
The old lady believed that she fainted only after taking Mr.
Sun's medicine and would continue to appeal
.
.
The old lady believed that she fainted only after taking Mr.
Sun's medicine and would continue to appeal
.
County-managed township, township-employed village use
In strengthening the construction of grassroots medical and health teams and service capacity, the "Physician Law" proposes that "counties manage townships and townships hire villages", which is also an innovation
.
According to Zheng Xueqian, this means that doctors working in townships can be staffed by county hospitals; doctors working in villages can be staffed by township health centers.
Work
.
"
.
According to Zheng Xueqian, this means that doctors working in townships can be staffed by county hospitals; doctors working in villages can be staffed by township health centers.
Work
.
"
She introduced that such provisions are for the equalization of high-quality medical resources and for the people to enjoy better medical services more equitably
.
.
Cancellation of technical secondary school qualifications to obtain physician qualifications
The issue of raising the threshold for practicing physician qualification examinations has also attracted many people's attention
.
In practitioner qualification exam qualification section, "Physician Law" deleted "Medical Practitioners" in "secondary school have medical degrees, in the medical, prevention, health care institutions in the five years of working" conditions
.
.
In practitioner qualification exam qualification section, "Physician Law" deleted "Medical Practitioners" in "secondary school have medical degrees, in the medical, prevention, health care institutions in the five years of working" conditions
.
Does this mean that you cannot be a doctor with a technical secondary school degree?
This is not the case.
There is room for this in the "Physician Law"
.
There is room for this in the "Physician Law"
.
Zheng Xueqian said that in order to make the transition better, the supplementary regulations also mentioned: The state has taken measures to encourage personnel with a medical degree in secondary professional schools to improve their medical technical ability and level by participating in higher-level education and other means
.
Before the implementation of this law and within a certain transition period after the implementation of this law, personnel who have obtained a medical professional degree from a secondary professional school may take the physician qualification examination
.
.
Before the implementation of this law and within a certain transition period after the implementation of this law, personnel who have obtained a medical professional degree from a secondary professional school may take the physician qualification examination
.
Medical Net, August 26, 22 years later, the new version of the Physician Law has finally arrived
.
.
On August 20, the Standing Committee of the National People's Congress deliberated and passed the "Physician Law of the People's Republic of China" (hereinafter referred to as the "Physician Law"), which will be implemented on March 1, 2022
.
.
Zheng Xueqian, as a consultant on the revision of the "Physician Law" of the Education, Science, Culture and Health Committee of the National People's Congress, and the executive vice chairman and secretary-general of the Medical Legal Professional Committee of the Chinese Hospital Association, told the health community that the "Physician Law" was implemented in 1999.
Comprehensive and systematic revision of the Practicing Physician Law (hereinafter referred to as the "Practicing Physician Law")
.
Comprehensive and systematic revision of the Practicing Physician Law (hereinafter referred to as the "Practicing Physician Law")
.
"This is also the first major revision of the Physician Law in 22 years
.
" Deng Liqiang, executive director of the Chinese Society of Health Law and deputy director of Beijing Huawei Law Firm, told the health industry that this revision of the Physician Law is based on changes in the real environment.
Advance
.
.
" Deng Liqiang, executive director of the Chinese Society of Health Law and deputy director of Beijing Huawei Law Firm, told the health industry that this revision of the Physician Law is based on changes in the real environment.
Advance
.
"In the process, the experts considered each
word carefully and considered all aspects as thoroughly as possible .
" Zheng Xueqian told the health industry that this revision work began in January 2019 and has gone through 3 drafts
.
Compared with the current law, a chapter on "safeguard measures" has been added, and the provisions have been revised from 6 chapters and 48 articles of the current law to 7 chapters and 67 articles
.
word carefully and considered all aspects as thoroughly as possible .
" Zheng Xueqian told the health industry that this revision work began in January 2019 and has gone through 3 drafts
.
Compared with the current law, a chapter on "safeguard measures" has been added, and the provisions have been revised from 6 chapters and 48 articles of the current law to 7 chapters and 67 articles
.
In the 12 years since the implementation of the new medical reform that began in 2009, drug markups have been completely cancelled , actions to further improve medical services have been initiated, modern hospital management systems have been improved, anticancer drugs and chronic disease drugs have been included in medical insurance, and medical insurance payment methods have been reformed.
.
.
The path for the purpose of "public benefit" is clearly visible
.
.
.
The path for the purpose of "public benefit" is clearly visible
.
However, it is undeniable that problems such as doctor-patient contradiction, unreasonable inspections, treatment problems, and unreasonable medical staff compensation systems still exist
.
Zheng Xueqian said that this revision of the Physician Law has a big feature, that is, it is problem-oriented
.
In other words, the better experience in reality should be upgraded to the legal level to make it more operable and enforceable
.
.
Zheng Xueqian said that this revision of the Physician Law has a big feature, that is, it is problem-oriented
.
In other words, the better experience in reality should be upgraded to the legal level to make it more operable and enforceable
.
With the emergence of new business formats such as multi-point practice, Internet medical treatment, and telemedicine, some new problems have also emerged
.
Zheng Xueqian introduced that the "Physician Law" provides norms and guidance on these issues
.
.
Zheng Xueqian introduced that the "Physician Law" provides norms and guidance on these issues
.
"Protecting the legitimate rights and interests of physicians" is the first sentence of the opening chapter of the "Physician Law"
.
This sentence is the third sentence in the original "Practicing Physician Law"
.
.
This sentence is the third sentence in the original "Practicing Physician Law"
.
Zheng Xueqian introduced that such adjustments are "controversial" among experts
.
.
Until July 2021, that is, at the risk assessment meeting last month, some people pointed out whether “regulating the practice of physicians” should be put first, followed by “protecting the health of the people”, and then later "Protect the legitimate rights and interests of physicians"?
She introduced that the attitude of most experts is not only to start with the phrase "protecting the legitimate rights and interests of physicians", but also to add special chapters, covering salaries, team building, commendation and rewards, good practice environment and maintenance of medical order.
, Occupational safety and health protection, medical risk sharing mechanism, etc.
, clarify relevant safeguard measures
.
, Occupational safety and health protection, medical risk sharing mechanism, etc.
, clarify relevant safeguard measures
.
"Everyone believes that safeguarding the legitimate rights and interests of doctors so that they can practice their lofty goals in their careers and protecting doctors from being harmed in their practice is also the protection of the rights and interests of the general public
.
" Zheng Xueqian said
.
.
" Zheng Xueqian said
.
In the process of revising the "Physician Law", there are many other issues that have caused the revision experts to scrutinize and even cause controversy
.
In the past practice, how did the experts consider the multi-point practice, salary and other issues that doctors were more concerned about? With the implementation of the "Physician Law", what impact will it have on physicians? The health industry interviewed Zheng Xueqian and Deng Liqiang for interpretation
.
.
In the past practice, how did the experts consider the multi-point practice, salary and other issues that doctors were more concerned about? With the implementation of the "Physician Law", what impact will it have on physicians? The health industry interviewed Zheng Xueqian and Deng Liqiang for interpretation
.
Lifetime ban
"The other side of rights is obligations
.
" The second sentence of the opening chapter of the "Physician Law" is to "regulate the practice of doctors", and Article 58 for the first time proposes a "lifetime ban"
.
.
" The second sentence of the opening chapter of the "Physician Law" is to "regulate the practice of doctors", and Article 58 for the first time proposes a "lifetime ban"
.
Regarding the relevant content, Zheng Xueqian hopes that doctors "don't be in conflict.
" She believes that the law is the bottom line that must be followed.
Only when the bottom line is clear can we talk about freedom
.
" She believes that the law is the bottom line that must be followed.
Only when the bottom line is clear can we talk about freedom
.
"The rights of patients may be the obligations of doctors; the rights of doctors are also the obligations of patients
.
The two complement each other
.
" Zheng Xueqian said that doctors should also be able to understand that the "Physician Law" vigorously protects their rights because of them.
His career is noble and life is at stake
.
.
The two complement each other
.
" Zheng Xueqian said that doctors should also be able to understand that the "Physician Law" vigorously protects their rights because of them.
His career is noble and life is at stake
.
China has always advocated the supremacy of the people and the supremacy of life
.
Physicians are the guardians of people's lives and health, which is a prerequisite for safeguarding their rights and status
.
She said that the "Physician Law" clearly defines the bottom line, and telling doctors not to touch the bottom line is actually a kind of protection for them, "because once the bottom line is touched, there must be legal sanctions, and then there is nothing to do.
Saved
.
"
.
Physicians are the guardians of people's lives and health, which is a prerequisite for safeguarding their rights and status
.
She said that the "Physician Law" clearly defines the bottom line, and telling doctors not to touch the bottom line is actually a kind of protection for them, "because once the bottom line is touched, there must be legal sanctions, and then there is nothing to do.
Saved
.
"
Related events:
On April 2, 2019, the media exposed the news that Du Yuanping, deputy director of the Department of Traditional Chinese Medicine, Changde Second People's Hospital, was receiving drug rebates
.
.
The reporter came to the department of Tang's cooperative hospital as a medical representative .
Du Yuanping, deputy director of the Department of Traditional Chinese Medicine of Changde Second People's Hospital, told reporters that you must give doctors a part of the rebate.
Previously, it was 18 points.
This point cannot be lower .
Du Yuanping, deputy director of the Department of Traditional Chinese Medicine of Changde Second People's Hospital, told reporters that you must give doctors a part of the rebate.
Previously, it was 18 points.
This point cannot be lower .
"Medicine Representative" Tang said that the price of a box of the company’s broken decoction pieces is around 80 yuan, and the doctor will get a rebate of 14.
4 yuan for every such box of medicine.
The monthly fee amounts to two to three thousand yuan
.
4 yuan for every such box of medicine.
The monthly fee amounts to two to three thousand yuan
.
Changde City Health Health in the Second People's Hospital of Changde City Committee law enforcement inspection found 2018 - September January 2019, the hospital physician community level in yuan issued in Zhongshan Chi Pharmaceutical Group production of traditional Chinese medicine prescription Broken Pieces At that time, he received two cash rebates from Tang Huian, the manager of the basic medicine division of Hunan Mingjia Pharmaceutical Co.
, Ltd.
, totaling 350 yuan, and then turned them in
.
, Ltd.
, totaling 350 yuan, and then turned them in
.
On April 12, 2019, the Changde Municipal Health Commission imposed an administrative penalty of revoking the "Physician's Practice Certificate" on Du Yuanping
.
.
Correction? Unnecessary inspections and treatments?
Zheng Xueqian recalled that for "unnecessary examinations and treatments", the previous drafts were all about "excessive medical treatment".
The reason why the term was changed later was because people were particularly disgusted with the term "excessive medical treatment" at that time
.
The reason why the term was changed later was because people were particularly disgusted with the term "excessive medical treatment" at that time
.
"The reason is that the boundaries of "over-medical treatment" are not easy to grasp
.
What is excessive? What is not excessive? It is more difficult to define
.
" The language point is clearer and more maneuverable
.
.
What is excessive? What is not excessive? It is more difficult to define
.
" The language point is clearer and more maneuverable
.
She said that experts consider that doctors have some treatments that need to be explored in clinical practice.
At this time, if doctors are held accountable by "over-medical treatment", they will shrink their hands and dare not explore.
This is not the "Physician The desired effect of the Law
.
At this time, if doctors are held accountable by "over-medical treatment", they will shrink their hands and dare not explore.
This is not the "Physician The desired effect of the Law
.
"The law hopes to regulate the behavior of doctors without restricting their normal professional exploration
.
" Zheng Xueqian said
.
.
" Zheng Xueqian said
.
"In fact, unnecessary inspections and treatments exist in some cases
.
" Deng Liqiang said
.
He introduced an example of his own
.
Once he went to the hospital to pull his teeth, and the hospital gave him a bunch of checklists, including AIDS, syphilis, and heart checkups
.
.
" Deng Liqiang said
.
He introduced an example of his own
.
Once he went to the hospital to pull his teeth, and the hospital gave him a bunch of checklists, including AIDS, syphilis, and heart checkups
.
"I was surprised, so I asked, take a tooth, as for? The other party said that it must be checked, otherwise the tooth will not be extracted for you
.
"
.
"
Why is there such a phenomenon? Deng Liqiang believes that this is a defensive medical measure taken by doctors under certain circumstances
.
.
He introduced that in China's medical dispute handling system, the burden of proof was inverted during the eight years from 2002 to 2010
.
In other words, according to the laws and regulations at the time, the medical institution should prove that the patient was harmed during the diagnosis and treatment activities, and prove that there is no causal relationship between the medical behavior and the damage result, otherwise it will be liable
.
.
In other words, according to the laws and regulations at the time, the medical institution should prove that the patient was harmed during the diagnosis and treatment activities, and prove that there is no causal relationship between the medical behavior and the damage result, otherwise it will be liable
.
Deng Liqiang gave an example.
If a patient undergoes invasive operations such as tooth extraction, blood transfusion, or surgery in the hospital, and after a certain period of time, if he is infected with AIDS, etc.
, if the hospital cannot prove that the patient's infection has nothing to do with the hospital treatment, the patient must be compensated
.
He believes that this inversion of the burden of proof has caused many hospitals to assume responsibility that they should not have assumed, and that caused doctors to "have to" conduct defensive medical treatment
.
If a patient undergoes invasive operations such as tooth extraction, blood transfusion, or surgery in the hospital, and after a certain period of time, if he is infected with AIDS, etc.
, if the hospital cannot prove that the patient's infection has nothing to do with the hospital treatment, the patient must be compensated
.
He believes that this inversion of the burden of proof has caused many hospitals to assume responsibility that they should not have assumed, and that caused doctors to "have to" conduct defensive medical treatment
.
"It needs to be emphasized that the "inversion of burden of proof" was abolished as early as 2010.
" He said that if patients want to prove hospital infringement, they must provide evidence by themselves, otherwise the hospital cannot be held responsible.
Before operation, there is no need to open so many checklists"
.
" He said that if patients want to prove hospital infringement, they must provide evidence by themselves, otherwise the hospital cannot be held responsible.
Before operation, there is no need to open so many checklists"
.
"Some hospitals still comply with the system formed in a specific period.
This needs to be corrected gradually
.
" Deng Liqiang expressed that he hoped that with the promulgation of the "Physician Law", the medical profession could take a look at the other way around, "Which inspections are relevant to a certain These medical actions are necessary? Which are the defensive medical mechanisms formed under a specific legal environment?"
This needs to be corrected gradually
.
" Deng Liqiang expressed that he hoped that with the promulgation of the "Physician Law", the medical profession could take a look at the other way around, "Which inspections are relevant to a certain These medical actions are necessary? Which are the defensive medical mechanisms formed under a specific legal environment?"
Off-label medication? Protected by law
"Using drugs off the label" was originally a term that violated the norms
.
However, in the treatment work of doctors, the update of the drug inserts cannot keep up with the pace of clinical practice, which makes doctors afraid to use medicines, or causes disputes between doctors and patients
.
.
However, in the treatment work of doctors, the update of the drug inserts cannot keep up with the pace of clinical practice, which makes doctors afraid to use medicines, or causes disputes between doctors and patients
.
Zheng Xueqian introduced that the "Physician Law" actually gives doctors certain rights
.
In the course of treatment, under special circumstances, such as no effective or better treatment, the physician cannot be restricted in exploratory medical treatment after obtaining the patient’s informed consent
.
.
In the course of treatment, under special circumstances, such as no effective or better treatment, the physician cannot be restricted in exploratory medical treatment after obtaining the patient’s informed consent
.
The instructions also have a certain legal effect, but the "Physician Law" passed by the National People's Congress has a higher legal level and effect.
Doctors' off-instruction drug use has a legal basis, "you can use it with a tight waist
.
"
Doctors' off-instruction drug use has a legal basis, "you can use it with a tight waist
.
"
Related research:
A study published in the 30th issue of "Journal of Pharmaceutical Epidemiology" in 2021, retrieved cases of medical damage liability disputes related to off-label use of drugs searched online in Chinese adjudication documents from January 2013 to October 2020, and analyzed off-label drug liability disputes.
the type of medication, the result of the penalty, penalty and other reasons
.
the type of medication, the result of the penalty, penalty and other reasons
.
Among the 26 cases that fit the research scope, overdose medication and over-indication medication are the most common, accounting for 34.
62% and 30.
77% respectively (Table 1)
.
In the final 7 cases (26.
92%), the doctor was judged not to be responsible; 5 cases (19.
23%) caused the doctor to be liable for compensation due to medical faults other than the off-label use of drugs; 14 cases (53.
84%) were caused by medical damage liability disputes.
If the prescription of the off-label drug judges that the doctor has medical fault, he shall bear up to 95% of the compensation liability (Table 2)
.
62% and 30.
77% respectively (Table 1)
.
In the final 7 cases (26.
92%), the doctor was judged not to be responsible; 5 cases (19.
23%) caused the doctor to be liable for compensation due to medical faults other than the off-label use of drugs; 14 cases (53.
84%) were caused by medical damage liability disputes.
If the prescription of the off-label drug judges that the doctor has medical fault, he shall bear up to 95% of the compensation liability (Table 2)
.
In 13 cases, the judgments clearly pointed out the reasons for the punishment
.
Among them, 6 cases (42.
86%) had the problem of incomplete notification by the doctors and insufficient performance of protecting patients’ right to know; 4 cases (28.
57%) had medication errors after medical damage liability identification; 1 case (3.
85%) had insufficient notifications, In addition, the off-label medication was not filed by the relevant department of the hospital; 2 cases (7.
79%) were not fully informed by the doctor, and the reason for the off-label medication was not recorded in the medical records
.
.
Among them, 6 cases (42.
86%) had the problem of incomplete notification by the doctors and insufficient performance of protecting patients’ right to know; 4 cases (28.
57%) had medication errors after medical damage liability identification; 1 case (3.
85%) had insufficient notifications, In addition, the off-label medication was not filed by the relevant department of the hospital; 2 cases (7.
79%) were not fully informed by the doctor, and the reason for the off-label medication was not recorded in the medical records
.
Figure: Qi Junsheng, Ji Yachun, Li Juan.
Case analysis of medical damage liability disputes related to off-label use of drugs[J].
Journal of Pharmaceutical Epidemiology, 2021, 30 (05): 321-325.
Case analysis of medical damage liability disputes related to off-label use of drugs[J].
Journal of Pharmaceutical Epidemiology, 2021, 30 (05): 321-325.
Increase the scope of practice
"In the new Physician Law, the scope of practice of doctors is liberalized
.
" Zheng Xueqian introduced that according to past regulations, there is a limit to the scope of doctors' practice registration
.
For example, physicians can only see internal medicine; general surgeons can only see general surgery
.
.
" Zheng Xueqian introduced that according to past regulations, there is a limit to the scope of doctors' practice registration
.
For example, physicians can only see internal medicine; general surgeons can only see general surgery
.
But now, with the development of medical careers, many interdisciplinary subjects have emerged.
For example, physicians also need to provide interventional treatments for patients, which requires that the law also need to be expanded
.
For example, physicians also need to provide interventional treatments for patients, which requires that the law also need to be expanded
.
Responding to the problem of the scope of practice of Chinese medicine and Western medicine
For a long time, the scope of diagnosis and treatment of Chinese medicine and Western medicine has become the focus of discussion in the industry from time to time.
The new "Physician Law" has responded to this problem
.
The new "Physician Law" has responded to this problem
.
Zheng Xueqian explained that this is also based on consideration of the actual situation
.
At present, many county-level hospitals have not yet set up TCM departments.
Physicians who graduated from TCM, TCM and Western medicine may fall into a situation where patients complain about “illegal practice”
.
.
At present, many county-level hospitals have not yet set up TCM departments.
Physicians who graduated from TCM, TCM and Western medicine may fall into a situation where patients complain about “illegal practice”
.
She has encountered similar cases
.
A doctor with a degree in Chinese medicine, after two years of oncology training, worked in the oncology department of a district hospital
.
One day while on a night shift, a patient died
.
Later, the patient’s family told the doctor to practice medicine illegally, "making a mess
.
"
.
A doctor with a degree in Chinese medicine, after two years of oncology training, worked in the oncology department of a district hospital
.
One day while on a night shift, a patient died
.
Later, the patient’s family told the doctor to practice medicine illegally, "making a mess
.
"
She said that the current adjustment of the "Physician Law" is necessary for the development of traditional Chinese medicine, a kind of support for the practice of Chinese medicine, Chinese and Western medicine graduate doctors, and an encouragement to explore the integration of Chinese and Western medicine
.
.
Respond to more practice
Article 15 If a doctor regularly practices in two or more medical and health institutions, he shall focus on one medical and health institution and go through relevant procedures in accordance with the relevant provisions of the state
.
.
Add
The state has always advocated the equalization of medical resources
.
For this reason, there have always been voices supporting "open and free practice" in the industry
.
.
For this reason, there have always been voices supporting "open and free practice" in the industry
.
Deng Liqiang introduced that during the discussion on the revision of the law, some experts indeed asked, is there no need to restrict the place of practice? However, considering that the situation in China is that the doctors are all unit members, and the unit provides them with training, promotion, welfare and other guarantees, then from the perspective of managers, letting doctors be freed is not in line with the management norms of employers.
, Also does not conform to the actual national conditions of "the medical staff of public hospitals are uniformly deployed by the state
.
"
, Also does not conform to the actual national conditions of "the medical staff of public hospitals are uniformly deployed by the state
.
"
He introduced that, considering these circumstances, the final phrase in the "Physician Law" means that a province is a registered area for practice, and each doctor uses a medical institution as the registration location as the main practice unit
.
Practicing in other medical institutions outside of the registration point in the region can be filed
.
.
Practicing in other medical institutions outside of the registration point in the region can be filed
.
"This is a certain degree of liberalization, but it is based on our reality.
" Deng Liqiang said that this not only promotes the flow of doctors, but also for managers, they will not face doctors like lawyers.
Condition
.
" Deng Liqiang said that this not only promotes the flow of doctors, but also for managers, they will not face doctors like lawyers.
Condition
.
Related events:
Guangzhou:
In July 2021, "Credit Guangzhou" issued a piece of administrative penalty information.
A dental clinic in Guangzhou that was established for less than three and a half years was given a warning and fined 33,000 for using practitioners whose practice registration location is not in the institution to engage in dental diagnosis and treatment activities.
Yuan
.
A dental clinic in Guangzhou that was established for less than three and a half years was given a warning and fined 33,000 for using practitioners whose practice registration location is not in the institution to engage in dental diagnosis and treatment activities.
Yuan
.
Hangzhou:
In November 2020, when the Hangzhou Xiacheng District Health Supervision Office inspected a traditional Chinese medicine clinic in its jurisdiction, it punished a case of "invalidity" in the multi-institution practice record of doctors
.
In Tonglu County, Hangzhou, a deputy chief physician was given a warning and fined 20,000 yuan for practicing in multiple institutions without filing
.
.
In Tonglu County, Hangzhou, a deputy chief physician was given a warning and fined 20,000 yuan for practicing in multiple institutions without filing
.
Shenzhen:
In March 2020, the WeChat public account of "Shenzhen Health Supervision" released a case of multiple practice without filing and being punished
.
The clinic has not changed its registration and has not applied for multi-point practice registration.
The doctor in this clinic, Liu, conducts medical practice activities for patients
.
The clinic was fined 10,000 yuan, and the doctor was fined 5,000 yuan
.
.
The clinic has not changed its registration and has not applied for multi-point practice registration.
The doctor in this clinic, Liu, conducts medical practice activities for patients
.
The clinic was fined 10,000 yuan, and the doctor was fined 5,000 yuan
.
Open salary system to explore space
picture
Since public hospitals have completely bid farewell to "replenishing medicine with medicine", the reform of the salary system is particularly critical in the advancement of the comprehensive reform of public hospitals
.
.
Article 44 of the "Physician Law" provides support for promoting the establishment of an incentive mechanism of "more work, more rewards, better performance and better remuneration" to further mobilize the enthusiasm of medical staff
.
.
"This is an open legislative expression, and everyone is encouraged to explore.
" Zheng Xueqian introduced, as to what is the personnel, salary, title, and reward system that reflect the professional characteristics of physicians and the value of technical labor, various ministries and medical institutions need to conduct research.
Then formulate specific regulations
.
" Zheng Xueqian introduced, as to what is the personnel, salary, title, and reward system that reflect the professional characteristics of physicians and the value of technical labor, various ministries and medical institutions need to conduct research.
Then formulate specific regulations
.
It is forbidden to infringe on the personal dignity and personal safety of doctors
In recent years, medical injuries and medical incidents that have occurred from time to time in medical institutions have chilled the hearts of the majority of medical staff
.
Although the state has taken many measures, including special operations to combat medical-related crimes, and the criminalization of medical treatment, the situation has improved a lot, but it has not changed fundamentally
.
.
Although the state has taken many measures, including special operations to combat medical-related crimes, and the criminalization of medical treatment, the situation has improved a lot, but it has not changed fundamentally
.
Therefore, in the process of revising the law, the public opinion calling for "increase the safety guarantee for doctors' practice" is relatively strong
.
.
"A clear-cut protection of the rights and interests of doctors is the biggest breakthrough of the "Physician Law"
.
" Deng Liqiang believes that whether it is to incorporate the prevention and handling of medical disputes into the comprehensive social security management system, or to emphasize medical institutions, and even the news media The responsibility, including the legalization of the Physician’s Day, is to improve the overall political treatment, social status treatment, and occupational safety treatment of doctors.
“This is a clear social norm information transmission, and there is no ambiguity or balance
.
”
.
" Deng Liqiang believes that whether it is to incorporate the prevention and handling of medical disputes into the comprehensive social security management system, or to emphasize medical institutions, and even the news media The responsibility, including the legalization of the Physician’s Day, is to improve the overall political treatment, social status treatment, and occupational safety treatment of doctors.
“This is a clear social norm information transmission, and there is no ambiguity or balance
.
”
Related events:
At about 1:55 pm on January 20, 2020, a violent medical incident occurred in the ophthalmology department of Chaoyang Hospital.
A total of three medical staff were chopped and another patient was injured.
One of the doctors suffered the most serious injury, with a broken left hand and a nerve.
Muscle and blood vessel rupture, head injury, occipital bone fracture, blood loss of 1500ml, only two weeks later to escape the danger of life, the doctor is Tao Yong, deputy director of the Department of Ophthalmology of Chaoyang Hospital
.
A total of three medical staff were chopped and another patient was injured.
One of the doctors suffered the most serious injury, with a broken left hand and a nerve.
Muscle and blood vessel rupture, head injury, occipital bone fracture, blood loss of 1500ml, only two weeks later to escape the danger of life, the doctor is Tao Yong, deputy director of the Department of Ophthalmology of Chaoyang Hospital
.
The young doctor who has just turned 40 has fallen into the darkest moment of his life, especially when he wakes up after the operation, only to know that the person who hurt him is the person he has tried his best to treat
.
"Why is this?" Tao Yong asked himself repeatedly, with no solution
.
.
"Why is this?" Tao Yong asked himself repeatedly, with no solution
.
On April 13, 84 days after being chopped, Tao Yong was discharged from the hospital
.
.
Tao Yong returned to the hospital on May 18 to resume the outpatient clinic
.
.
On the morning of February 2, 2021, Beijing's Third Intermediate People's Court publicly sentenced Beijing Chaoyang Hospital to the death sentence of the defendant Cui Zhenguo for intentional homicide, suspended for two years, and deprived of political rights for life
.
.
On Physician's Day in 2021, Tao Yong revealed that his left hand, which was chopped off, still cannot wear a mask for himself, let alone return to the operating table
.
.
Public rescue and exemption
In recent years, there have been many cases of doctors treating people with sudden illnesses in public places such as high-speed rail, subway, and public transportation, making the image of "white angels" of medical staff further highlighted
.
However, there is no lack of chilling things
.
.
However, there is no lack of chilling things
.
Regarding the proposal of the new provisions of the Physician Law, Zheng Xueqian said that this is to give doctors a certain right of rescue, which is to make doctors dare to extend a helping hand and actively rescue
.
.
She said that doctors have professional knowledge and skills, and participation in rescue is more beneficial to patients.
They should be encouraged, especially if doctors actively participate in rescue in public places and are not statutory duties, they should be exempted from liability
.
They should be encouraged, especially if doctors actively participate in rescue in public places and are not statutory duties, they should be exempted from liability
.
Related events:
On September 7, 2017, a 72-year-old lady Qi went to a pharmacy in Shenyang, Liaoning to buy medicine, and suddenly passed out
.
.
The shop owner, Mr.
Sun, performed cardiopulmonary resuscitation on her.
Twenty minutes later, Mrs.
Qi was taken to Kangping County People's Hospital by 120 ambulance
.
Sun, performed cardiopulmonary resuscitation on her.
Twenty minutes later, Mrs.
Qi was taken to Kangping County People's Hospital by 120 ambulance
.
Diagnosed by Kangping County Hospital, Mrs.
Qi had multiple rib fractures on both sides
.
Qi had multiple rib fractures on both sides
.
Subsequently, the old man sued Mr.
Sun and claimed for medical expenses of 9,846.
72 yuan, excluding disability compensation
.
Sun and claimed for medical expenses of 9,846.
72 yuan, excluding disability compensation
.
Mr.
Sun said that he has a "village doctor's certificate" and a "medicine license", and he has made no mistakes in the operation of cardiopulmonary resuscitation for the elderly
.
Sun said that he has a "village doctor's certificate" and a "medicine license", and he has made no mistakes in the operation of cardiopulmonary resuscitation for the elderly
.
Because of this incident, Mr.
Sun’s pharmacy business gradually became deserted.
He closed the store in June 2019 and opened a new pharmacy elsewhere
.
Sun’s pharmacy business gradually became deserted.
He closed the store in June 2019 and opened a new pharmacy elsewhere
.
On December 31, 2019, the court rejected the granny's request
.
The old lady believed that she fainted only after taking Mr.
Sun's medicine and would continue to appeal
.
.
The old lady believed that she fainted only after taking Mr.
Sun's medicine and would continue to appeal
.
County-managed township, township-employed village use
In strengthening the construction of grassroots medical and health teams and service capacity, the "Physician Law" proposes that "counties manage townships and townships hire villages", which is also an innovation
.
According to Zheng Xueqian, this means that doctors working in townships can be staffed by county hospitals; doctors working in villages can be staffed by township health centers.
Work
.
"
.
According to Zheng Xueqian, this means that doctors working in townships can be staffed by county hospitals; doctors working in villages can be staffed by township health centers.
Work
.
"
She introduced that such provisions are for the equalization of high-quality medical resources and for the people to enjoy better medical services more equitably
.
.
Cancellation of technical secondary school qualifications to obtain physician qualifications
The issue of raising the threshold for practicing physician qualification examinations has also attracted many people's attention
.
In practitioner qualification exam qualification section, "Physician Law" deleted "Medical Practitioners" in "secondary school have medical degrees, in the medical, prevention, health care institutions in the five years of working" conditions
.
.
In practitioner qualification exam qualification section, "Physician Law" deleted "Medical Practitioners" in "secondary school have medical degrees, in the medical, prevention, health care institutions in the five years of working" conditions
.
Does this mean that you cannot be a doctor with a technical secondary school degree?
This is not the case.
There is room for this in the "Physician Law"
.
There is room for this in the "Physician Law"
.
Zheng Xueqian said that in order to make the transition better, the supplementary regulations also mentioned: The state has taken measures to encourage personnel with a medical degree in secondary professional schools to improve their medical technical ability and level by participating in higher-level education and other means
.
Before the implementation of this law and within a certain transition period after the implementation of this law, personnel who have obtained a medical professional degree from a secondary professional school may take the physician qualification examination
.
.
Before the implementation of this law and within a certain transition period after the implementation of this law, personnel who have obtained a medical professional degree from a secondary professional school may take the physician qualification examination
.
Medical Net, August 26, 22 years later, the new version of the Physician Law has finally arrived
.
.
On August 20, the Standing Committee of the National People's Congress deliberated and passed the "Physician Law of the People's Republic of China" (hereinafter referred to as the "Physician Law"), which will be implemented on March 1, 2022
.
.
Zheng Xueqian, as a consultant on the revision of the "Physician Law" of the Education, Science, Culture and Health Committee of the National People's Congress, and the executive vice chairman and secretary-general of the Medical Legal Professional Committee of the Chinese Hospital Association, told the health community that the "Physician Law" was implemented in 1999.
Comprehensive and systematic revision of the Practicing Physician Law (hereinafter referred to as the "Practicing Physician Law")
.
Comprehensive and systematic revision of the Practicing Physician Law (hereinafter referred to as the "Practicing Physician Law")
.
"This is also the first major revision of the Physician Law in 22 years
.
" Deng Liqiang, executive director of the Chinese Society of Health Law and deputy director of Beijing Huawei Law Firm, told the health industry that this revision of the Physician Law is based on changes in the real environment.
Advance
.
.
" Deng Liqiang, executive director of the Chinese Society of Health Law and deputy director of Beijing Huawei Law Firm, told the health industry that this revision of the Physician Law is based on changes in the real environment.
Advance
.
"In the process, the experts considered each
word carefully and considered all aspects as thoroughly as possible .
" Zheng Xueqian told the health industry that this revision work began in January 2019 and has gone through 3 drafts
.
Compared with the current law, a chapter on "safeguard measures" has been added, and the provisions have been revised from 6 chapters and 48 articles of the current law to 7 chapters and 67 articles
.
word carefully and considered all aspects as thoroughly as possible .
" Zheng Xueqian told the health industry that this revision work began in January 2019 and has gone through 3 drafts
.
Compared with the current law, a chapter on "safeguard measures" has been added, and the provisions have been revised from 6 chapters and 48 articles of the current law to 7 chapters and 67 articles
.
In the 12 years since the implementation of the new medical reform that began in 2009, drug markups have been completely cancelled , actions to further improve medical services have been initiated, modern hospital management systems have been improved, anticancer drugs and chronic disease drugs have been included in medical insurance, and medical insurance payment methods have been reformed.
.
.
The path for the purpose of "public benefit" is clearly visible
.
Medicine, medicine, medicine.
.
The path for the purpose of "public benefit" is clearly visible
.
However, it is undeniable that problems such as doctor-patient contradiction, unreasonable inspections, treatment problems, and unreasonable medical staff compensation systems still exist
.
Zheng Xueqian said that this revision of the Physician Law has a big feature, that is, it is problem-oriented
.
In other words, the better experience in reality should be upgraded to the legal level to make it more operable and enforceable
.
.
Zheng Xueqian said that this revision of the Physician Law has a big feature, that is, it is problem-oriented
.
In other words, the better experience in reality should be upgraded to the legal level to make it more operable and enforceable
.
With the emergence of new business formats such as multi-point practice, Internet medical treatment, and telemedicine, some new problems have also emerged
.
Zheng Xueqian introduced that the "Physician Law" provides norms and guidance on these issues
.
.
Zheng Xueqian introduced that the "Physician Law" provides norms and guidance on these issues
.
"Protecting the legitimate rights and interests of physicians" is the first sentence of the opening chapter of the "Physician Law"
.
This sentence is the third sentence in the original "Practicing Physician Law"
.
.
This sentence is the third sentence in the original "Practicing Physician Law"
.
Zheng Xueqian introduced that such adjustments are "controversial" among experts
.
.
Until July 2021, that is, at the risk assessment meeting last month, some people pointed out whether “regulating the practice of physicians” should be put first, followed by “protecting the health of the people”, and then later "Protect the legitimate rights and interests of physicians"?
She introduced that the attitude of most experts is not only to start with the phrase "protecting the legitimate rights and interests of physicians", but also to add special chapters, covering salaries, team building, commendation and rewards, good practice environment and maintenance of medical order.
, Occupational safety and health protection, medical risk sharing mechanism, etc.
, clarify relevant safeguard measures
.
, Occupational safety and health protection, medical risk sharing mechanism, etc.
, clarify relevant safeguard measures
.
"Everyone believes that safeguarding the legitimate rights and interests of doctors so that they can practice their lofty goals in their careers and protecting doctors from being harmed in their practice is also the protection of the rights and interests of the general public
.
" Zheng Xueqian said
.
.
" Zheng Xueqian said
.
In the process of revising the "Physician Law", there are many other issues that have caused the revision experts to scrutinize and even cause controversy
.
In the past practice, how did the experts consider the multi-point practice, salary and other issues that doctors were more concerned about? With the implementation of the "Physician Law", what impact will it have on physicians? The health industry interviewed Zheng Xueqian and Deng Liqiang for interpretation
.
.
In the past practice, how did the experts consider the multi-point practice, salary and other issues that doctors were more concerned about? With the implementation of the "Physician Law", what impact will it have on physicians? The health industry interviewed Zheng Xueqian and Deng Liqiang for interpretation
.
Lifetime ban
Lifetime ban "The other side of rights is obligations
.
" The second sentence of the opening chapter of the "Physician Law" is to "regulate the practice of doctors", and Article 58 for the first time proposes a "lifetime ban"
.
.
" The second sentence of the opening chapter of the "Physician Law" is to "regulate the practice of doctors", and Article 58 for the first time proposes a "lifetime ban"
.
Regarding the relevant content, Zheng Xueqian hopes that doctors "don't be in conflict.
" She believes that the law is the bottom line that must be followed.
Only when the bottom line is clear can we talk about freedom
.
" She believes that the law is the bottom line that must be followed.
Only when the bottom line is clear can we talk about freedom
.
"The rights of patients may be the obligations of doctors; the rights of doctors are also the obligations of patients
.
The two complement each other
.
" Zheng Xueqian said that doctors should also be able to understand that the "Physician Law" vigorously protects their rights because of them.
His career is noble and life is at stake
.
.
The two complement each other
.
" Zheng Xueqian said that doctors should also be able to understand that the "Physician Law" vigorously protects their rights because of them.
His career is noble and life is at stake
.
China has always advocated the supremacy of the people and the supremacy of life
.
Physicians are the guardians of people's lives and health, which is a prerequisite for safeguarding their rights and status
.
She said that the "Physician Law" clearly defines the bottom line, and telling doctors not to touch the bottom line is actually a kind of protection for them, "because once the bottom line is touched, there must be legal sanctions, and then there is nothing to do.
Saved
.
"
.
Physicians are the guardians of people's lives and health, which is a prerequisite for safeguarding their rights and status
.
She said that the "Physician Law" clearly defines the bottom line, and telling doctors not to touch the bottom line is actually a kind of protection for them, "because once the bottom line is touched, there must be legal sanctions, and then there is nothing to do.
Saved
.
"
Related events:
Related events: On April 2, 2019, the media exposed the news that Du Yuanping, deputy director of the Department of Traditional Chinese Medicine, Changde Second People's Hospital, was receiving drug rebates
.
.
The reporter came to the department of Tang's cooperative hospital as a medical representative .
Du Yuanping, deputy director of the Department of Traditional Chinese Medicine of Changde Second People's Hospital, told reporters that you must give doctors a part of the rebate.
Previously, it was 18 points.
This point cannot be lower .
Medicine Medicine Medicine Hospital Hospital HospitalDu Yuanping, deputy director of the Department of Traditional Chinese Medicine of Changde Second People's Hospital, told reporters that you must give doctors a part of the rebate.
Previously, it was 18 points.
This point cannot be lower .
"Medicine Representative" Tang said that the price of a box of the company’s broken decoction pieces is around 80 yuan, and the doctor will get a rebate of 14.
4 yuan for every such box of medicine.
The monthly fee amounts to two to three thousand yuan
.
4 yuan for every such box of medicine.
The monthly fee amounts to two to three thousand yuan
.
Changde City Health Health in the Second People's Hospital of Changde City Committee law enforcement inspection found 2018 - September January 2019, the hospital physician community level in yuan issued in Zhongshan Chi Pharmaceutical Group production of traditional Chinese medicine prescription Broken Pieces At that time, he received two cash rebates from Tang Huian, the manager of the basic medicine division of Hunan Mingjia Pharmaceutical Co.
, Ltd.
, totaling 350 yuan, and then turned them in
.
Healthy, healthy, healthy, Ltd.
, totaling 350 yuan, and then turned them in
.
On April 12, 2019, the Changde Municipal Health Commission imposed an administrative penalty of revoking the "Physician's Practice Certificate" on Du Yuanping
.
.
Correction? Unnecessary inspections and treatments?
Correction? Unnecessary inspections and treatments? Zheng Xueqian recalled that for "unnecessary examinations and treatments", the previous drafts were all about "excessive medical treatment".
The reason why the term was changed later was because people were particularly disgusted with the term "excessive medical treatment" at that time
.
The reason why the term was changed later was because people were particularly disgusted with the term "excessive medical treatment" at that time
.
"The reason is that the boundaries of "over-medical treatment" are not easy to grasp
.
What is excessive? What is not excessive? It is more difficult to define
.
" The language point is clearer and more maneuverable
.
.
What is excessive? What is not excessive? It is more difficult to define
.
" The language point is clearer and more maneuverable
.
She said that experts consider that doctors have some treatments that need to be explored in clinical practice.
At this time, if doctors are held accountable by "over-medical treatment", they will shrink their hands and dare not explore.
This is not the "Physician The desired effect of the Law
.
At this time, if doctors are held accountable by "over-medical treatment", they will shrink their hands and dare not explore.
This is not the "Physician The desired effect of the Law
.
"The law hopes to regulate the behavior of doctors without restricting their normal professional exploration
.
" Zheng Xueqian said
.
.
" Zheng Xueqian said
.
"In fact, unnecessary inspections and treatments exist in some cases
.
" Deng Liqiang said
.
He introduced an example of his own
.
Once he went to the hospital to pull his teeth, and the hospital gave him a bunch of checklists, including AIDS, syphilis, and heart checkups
.
.
" Deng Liqiang said
.
He introduced an example of his own
.
Once he went to the hospital to pull his teeth, and the hospital gave him a bunch of checklists, including AIDS, syphilis, and heart checkups
.
"I was surprised, so I asked, take a tooth, as for? The other party said that it must be checked, otherwise the tooth will not be extracted for you
.
"
.
"
Why is there such a phenomenon? Deng Liqiang believes that this is a defensive medical measure taken by doctors under certain circumstances
.
.
He introduced that in China's medical dispute handling system, the burden of proof was inverted during the eight years from 2002 to 2010
.
In other words, according to the laws and regulations at the time, the medical institution should prove that the patient was harmed during the diagnosis and treatment activities, and prove that there is no causal relationship between the medical behavior and the damage result, otherwise it will be liable
.
.
In other words, according to the laws and regulations at the time, the medical institution should prove that the patient was harmed during the diagnosis and treatment activities, and prove that there is no causal relationship between the medical behavior and the damage result, otherwise it will be liable
.
Deng Liqiang gave an example.
If a patient undergoes invasive operations such as tooth extraction, blood transfusion, or surgery in the hospital, and after a certain period of time, if he is infected with AIDS, etc.
, if the hospital cannot prove that the patient's infection has nothing to do with the hospital treatment, the patient must be compensated
.
He believes that this inversion of the burden of proof has caused many hospitals to assume responsibility that they should not have assumed, and that caused doctors to "have to" conduct defensive medical treatment
.
If a patient undergoes invasive operations such as tooth extraction, blood transfusion, or surgery in the hospital, and after a certain period of time, if he is infected with AIDS, etc.
, if the hospital cannot prove that the patient's infection has nothing to do with the hospital treatment, the patient must be compensated
.
He believes that this inversion of the burden of proof has caused many hospitals to assume responsibility that they should not have assumed, and that caused doctors to "have to" conduct defensive medical treatment
.
"It needs to be emphasized that the "inversion of burden of proof" was abolished as early as 2010.
" He said that if patients want to prove hospital infringement, they must provide evidence by themselves, otherwise the hospital cannot be held responsible.
Before operation, there is no need to open so many checklists"
.
" He said that if patients want to prove hospital infringement, they must provide evidence by themselves, otherwise the hospital cannot be held responsible.
Before operation, there is no need to open so many checklists"
.
"Some hospitals still comply with the system formed in a specific period.
This needs to be corrected gradually
.
" Deng Liqiang expressed that he hoped that with the promulgation of the "Physician Law", the medical profession could take a look at the other way around, "Which inspections are relevant to a certain These medical actions are necessary? Which are the defensive medical mechanisms formed under a specific legal environment?"
This needs to be corrected gradually
.
" Deng Liqiang expressed that he hoped that with the promulgation of the "Physician Law", the medical profession could take a look at the other way around, "Which inspections are relevant to a certain These medical actions are necessary? Which are the defensive medical mechanisms formed under a specific legal environment?"
Off-label medication? Protected by law
Off-label medication? Protected by law "Using drugs off the label" was originally a term that violated the norms
.
However, in the treatment work of doctors, the update of the drug inserts cannot keep up with the pace of clinical practice, which makes doctors afraid to use medicines, or causes disputes between doctors and patients
.
.
However, in the treatment work of doctors, the update of the drug inserts cannot keep up with the pace of clinical practice, which makes doctors afraid to use medicines, or causes disputes between doctors and patients
.
Zheng Xueqian introduced that the "Physician Law" actually gives doctors certain rights
.
In the course of treatment, under special circumstances, such as no effective or better treatment, the physician cannot be restricted in exploratory medical treatment after obtaining the patient’s informed consent
.
.
In the course of treatment, under special circumstances, such as no effective or better treatment, the physician cannot be restricted in exploratory medical treatment after obtaining the patient’s informed consent
.
The instructions also have a certain legal effect, but the "Physician Law" passed by the National People's Congress has a higher legal level and effect.
Doctors' off-instruction drug use has a legal basis, "you can use it with a tight waist
.
"
Doctors' off-instruction drug use has a legal basis, "you can use it with a tight waist
.
"
Related research:
Related research: A study published in the 30th issue of "Journal of Pharmaceutical Epidemiology" in 2021, retrieved cases of medical damage liability disputes related to off-label use of drugs searched online in Chinese adjudication documents from January 2013 to October 2020, and analyzed off-label drug liability disputes.
the type of medication, the result of the penalty, penalty and other reasons
.
the type of medication, the result of the penalty, penalty and other reasons
.
Among the 26 cases that fit the research scope, overdose medication and over-indication medication are the most common, accounting for 34.
62% and 30.
77% respectively (Table 1)
.
In the final 7 cases (26.
92%), the doctor was judged not to be responsible; 5 cases (19.
23%) caused the doctor to be liable for compensation due to medical faults other than the off-label use of drugs; 14 cases (53.
84%) were caused by medical damage liability disputes.
If the prescription of the off-label drug judges that the doctor has medical fault, he shall bear up to 95% of the compensation liability (Table 2)
.
62% and 30.
77% respectively (Table 1)
.
In the final 7 cases (26.
92%), the doctor was judged not to be responsible; 5 cases (19.
23%) caused the doctor to be liable for compensation due to medical faults other than the off-label use of drugs; 14 cases (53.
84%) were caused by medical damage liability disputes.
If the prescription of the off-label drug judges that the doctor has medical fault, he shall bear up to 95% of the compensation liability (Table 2)
.
In 13 cases, the judgments clearly pointed out the reasons for the punishment
.
Among them, 6 cases (42.
86%) had the problem of incomplete notification by the doctors and insufficient performance of protecting patients’ right to know; 4 cases (28.
57%) had medication errors after medical damage liability identification; 1 case (3.
85%) had insufficient notifications, In addition, the off-label medication was not filed by the relevant department of the hospital; 2 cases (7.
79%) were not fully informed by the doctor, and the reason for the off-label medication was not recorded in the medical records
.
.
Among them, 6 cases (42.
86%) had the problem of incomplete notification by the doctors and insufficient performance of protecting patients’ right to know; 4 cases (28.
57%) had medication errors after medical damage liability identification; 1 case (3.
85%) had insufficient notifications, In addition, the off-label medication was not filed by the relevant department of the hospital; 2 cases (7.
79%) were not fully informed by the doctor, and the reason for the off-label medication was not recorded in the medical records
.
Figure: Qi Junsheng, Ji Yachun, Li Juan.
Case analysis of medical damage liability disputes related to off-label use of drugs[J].
Journal of Pharmaceutical Epidemiology, 2021, 30 (05): 321-325.
Case analysis of medical damage liability disputes related to off-label use of drugs[J].
Journal of Pharmaceutical Epidemiology, 2021, 30 (05): 321-325.
Increase the scope of practice
Increase the scope of practice "In the new Physician Law, the scope of practice of doctors is liberalized
.
" Zheng Xueqian introduced that according to past regulations, there is a limit to the scope of doctors' practice registration
.
For example, physicians can only see internal medicine; general surgeons can only see general surgery
.
.
" Zheng Xueqian introduced that according to past regulations, there is a limit to the scope of doctors' practice registration
.
For example, physicians can only see internal medicine; general surgeons can only see general surgery
.
But now, with the development of medical careers, many interdisciplinary subjects have emerged.
For example, physicians also need to provide interventional treatments for patients, which requires that the law also need to be expanded
.
For example, physicians also need to provide interventional treatments for patients, which requires that the law also need to be expanded
.
Responding to the problem of the scope of practice of Chinese medicine and Western medicine
In response to Chinese medicine TCM Chinese medicine , Western medicine practitioner scope of the problem For a long time, the scope of diagnosis and treatment of Chinese medicine and Western medicine has become the focus of discussion in the industry from time to time.
The new "Physician Law" has responded to this problem
.
The new "Physician Law" has responded to this problem
.
Zheng Xueqian explained that this is also based on consideration of the actual situation
.
At present, many county-level hospitals have not yet set up TCM departments.
Physicians who graduated from TCM, TCM and Western medicine may fall into a situation where patients complain about “illegal practice”
.
.
At present, many county-level hospitals have not yet set up TCM departments.
Physicians who graduated from TCM, TCM and Western medicine may fall into a situation where patients complain about “illegal practice”
.
。，，
。，
。，，“”
。
，《》，，、，
。
。
，，
。
。
，
。，“”
。
。，“”
。
，，，？，，，、、，，，，“”
。
。
，，《》，，，
。，
。
。，
。
“，”，，，，“”
。
。
：
： ：
： 20217，“”，3.
3
。
3
。
：
： 202011，，“”
。，2
。
。，2
。
：
： 20203，“”
。，
。10000，5000
。
。，
。10000，5000
。
“”，，
。
。
“、”，，《》
。
。
“，”，，、、、，、，
。
。
、
、 ，，
。，、，，
。
。，、，，
。
，，“”
。
。
“，《》
。”，，，，，、、，“，、
。”
。”，，，，，、、，“，、
。”
：
： 2020120155，，，，，、、、，1500ml，，
。
。
40，，，，
。“？”，
。
。“？”，
。
413，84，
。
。
518
。
。
202122，，，，
。
。
2021，，，，
。
。
In recent years, there have been many cases of doctors treating people with sudden illnesses in public places such as high-speed rail, subway, and public transportation, making the image of "white angels" of medical staff further highlighted
.
However, there is no lack of chilling things
.
.
However, there is no lack of chilling things
.
Regarding the proposal of the new provisions of the Physician Law, Zheng Xueqian said that this is to give doctors a certain right of rescue, which is to make doctors dare to extend a helping hand and actively rescue
.
.
She said that doctors have professional knowledge and skills, and participation in rescue is more beneficial to patients.
They should be encouraged, especially if doctors actively participate in rescue in public places and are not statutory duties, they should be exempted from liability
.
They should be encouraged, especially if doctors actively participate in rescue in public places and are not statutory duties, they should be exempted from liability
.
Related events:
Related events: On September 7, 2017, a 72-year-old lady Qi went to a pharmacy in Shenyang, Liaoning to buy medicine, and suddenly passed out
.
.
The shop owner, Mr.
Sun, performed cardiopulmonary resuscitation on her.
Twenty minutes later, Mrs.
Qi was taken to Kangping County People's Hospital by 120 ambulance
.
Sun, performed cardiopulmonary resuscitation on her.
Twenty minutes later, Mrs.
Qi was taken to Kangping County People's Hospital by 120 ambulance
.
Diagnosed by Kangping County Hospital, Mrs.
Qi had multiple rib fractures on both sides
.
Qi had multiple rib fractures on both sides
.
Subsequently, the old man sued Mr.
Sun and claimed for medical expenses of 9,846.
72 yuan, excluding disability compensation
.
Sun and claimed for medical expenses of 9,846.
72 yuan, excluding disability compensation
.
Mr.
Sun said that he has a "village doctor's certificate" and a "medicine license", and he has made no mistakes in the operation of cardiopulmonary resuscitation for the elderly
.
Sun said that he has a "village doctor's certificate" and a "medicine license", and he has made no mistakes in the operation of cardiopulmonary resuscitation for the elderly
.
Because of this incident, Mr.
Sun’s pharmacy business gradually became deserted.
He closed the store in June 2019 and opened a new pharmacy elsewhere
.
Sun’s pharmacy business gradually became deserted.
He closed the store in June 2019 and opened a new pharmacy elsewhere
.
On December 31, 2019, the court rejected the granny's request
.
The old lady believed that she fainted only after taking Mr.
Sun's medicine and would continue to appeal
.
.
The old lady believed that she fainted only after taking Mr.
Sun's medicine and would continue to appeal
.
County-managed township, township-employed village use
County-managed township, township-employed village use In strengthening the construction of grassroots medical and health teams and service capacity, the "Physician Law" proposes that "counties manage townships and townships hire villages", which is also an innovation
.
According to Zheng Xueqian, this means that doctors working in townships can be staffed by county hospitals; doctors working in villages can be staffed by township health centers.
Work
.
"
.
According to Zheng Xueqian, this means that doctors working in townships can be staffed by county hospitals; doctors working in villages can be staffed by township health centers.
Work
.
"
She introduced that such provisions are for the equalization of high-quality medical resources and for the people to enjoy better medical services more equitably
.
.
Cancellation of technical secondary school qualifications to obtain physician qualifications
Cancellation of technical secondary school qualifications to obtain physician qualifications The issue of raising the threshold for practicing physician qualification examinations has also attracted many people's attention
.
In practitioner qualification exam qualification section, "Physician Law" deleted "Medical Practitioners" in "secondary school have medical degrees, in the medical, prevention, health care institutions in the five years of working" conditions
.
.
In practitioner qualification exam qualification section, "Physician Law" deleted "Medical Practitioners" in "secondary school have medical degrees, in the medical, prevention, health care institutions in the five years of working" conditions
.
Does this mean that you cannot be a doctor with a technical secondary school degree?
This is not the case.
There is room for this in the "Physician Law"
.
There is room for this in the "Physician Law"
.
Zheng Xueqian said that in order to make the transition better, the supplementary regulations also mentioned: The state has taken measures to encourage personnel with a medical degree in secondary professional schools to improve their medical technical ability and level by participating in higher-level education and other means
.
Before the implementation of this law and within a certain transition period after the implementation of this law, personnel who have obtained a medical professional degree from a secondary professional school may take the physician qualification examination
.
.
Before the implementation of this law and within a certain transition period after the implementation of this law, personnel who have obtained a medical professional degree from a secondary professional school may take the physician qualification examination
.
