Third review of the "Physician Law" draft: suggest that doctors should be exempted from responsibility for saving lives outside the hospital

Medical Network News, August 20.
On August 17, the draft physician law was submitted to the 13th National People’s Congress for the third trial.
Some members of the National People’s Congress Physicians are exempted, and the Constitution and Law Committee of the Standing Committee of the National People's Congress conducts research and recommends the adoption of this suggestion
.
Saving people outside the doctor's hospital has always been a controversial topic.
This time when the news came out, the doctors cheered.
Does this mean that doctors can not take responsibility for saving people outside the hospital? Maybe not all, listen to the interpretation of Xu Yucai, a medical reform expert and deputy director of the Shanyang County Health Bureau in Shaanxi Province
.
The draft of the "Physician Law" is reviewed for the third time, and it is recommended that rescuers outside the hospital should be exempted from responsibility.
How should we look at it? In fact, the Civil Code passed in May 2020 and implemented in January 2021 has defined this
.
Xu Yucai, the columnist of "Seeing a Doctor" and deputy director of the Shanyang County Health and Health Bureau of Shaanxi Province, explained this.
Before this, Xu Yucai had interpreted a special article on "Physicians save people outside the hospital"
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Let's review it together
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Why does the old man fall and dare not help, why has it become a social phenomenon so that he will be on the Spring Festival Gala?
"Doctors from the Third Hospital of Beijing Medical University were sentenced to compensation for saving people by high-speed rail.
" Everyone knows that it is a rumor, but why does it spread every few years? What kind of provisions will be made in the Doctor’s Law (Draft), which is under consideration for the legislative purpose of "protecting the legitimate rights and interests of physicians," to make doctors feel relieved to save people outside the hospital and no longer worry about it?
The Supreme Law’s determination of the crime of
illegal medical practice refers to the behavior of a person who has not obtained the qualification of a doctor to treat others for profit, and the circumstances are serious
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However, because different laws have different standards for identifying illegal medical practices , there are often different results in the process of accepting illegal medical crimes, which brings trouble to the court’s determination of illegal medical crimes in accordance with the law.

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Article 24 of the "Regulations on the Administration of Medical Institutions" promulgated by the State Council on February 26, 1994 stipulates: "Any unit or individual shall not carry out diagnosis and treatment activities without obtaining a medical institution practice license
.
" In fact, "illegal medical practice" includes not only " “Persons who have not obtained a doctor’s practice qualification” also include “people who have not obtained a medical institution’s practice license to carry out diagnosis and treatment activities”.
At the same time, the “Practicing Physician Law” also stipulates that “after registration, doctors can be employed in medical, preventive, and health care institutions.
Practise in accordance with the registered practice location, practice category, and practice scope, and engage in the corresponding medical, preventive, and health care services
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Without a doctor’s registration and obtain a practising certificate, no one may engage in physician practice activities
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" This actually further expands the scope of illegal medical practice to include "Persons who are qualified to be physicians but not registered, as well as those who are registered but not in the registered practice location, practice category, practice scope" behavior
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In order to punish illegal medical practices in accordance with the law and protect the health and safety of citizens, in accordance with the relevant provisions of the Criminal Law and combined with trial practice, on December 12, 2016, the Supreme People’s Court revised the "Regarding Several Issues Concerning the Specific Application of Law in the Trial of Criminal Cases of Illegal Practice of Medicine" The “Interpretation” decision (Fa Interpretation [2016] No.
27) was adopted at the 1703th meeting of the Judicial Committee of the Supreme People’s Court, and will come into effect on December 20, 2016
.

　　The amendments are as follows:
1.
Delete the second item of Article 1 of the "Interpretation"
.
2.
One article is added after Article 3 of the "Interpretation" as Article 4 of the revised "Interpretation": "If the illegal practice of medicine is the direct and main cause of the death of the patient, it shall be recognized as Article 336 of the Criminal Law
“Causes the death of the patient” as stipulated in the first paragraph .
” “Illegal medical practice is not the direct and main cause of the death of the patient, and it may not be deemed as the “cause the death of the patient” as stipulated in the first paragraph of Article 336 of the Criminal Law.
'
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However, according to the circumstances of the case, it can be determined as the'serious circumstances' stipulated in the first paragraph of Article 336 of the Criminal Law.

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3.
Add a paragraph to Article 5 of the "Interpretation" as the first paragraph: "The "medical activities" and "medical behaviors" mentioned in this interpretation refer to the "diagnosis and treatment activities" in the "Regulations for the Implementation of Medical Institutions" ,'Medical beauty' certification
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"The first article of the revised "Interpretation" reads: In any of the following circumstances, it shall be deemed as "a person who has not obtained a medical qualification to practice medicine illegally" as stipulated in the first paragraph of Article 336 of the Criminal Law: (1) Those who have not obtained or obtained the qualifications of doctors by illegal means to engage in medical activities; (2) Those who have been engaged in medical activities during the period when their doctor’s practice certificate has been revoked in accordance with the law; (3) Those who have not obtained a rural doctor’s practice certificate and are engaged in rural medical activities; (4) Family deliveries member of the implementation of medical practice outside the home delivery
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revised this judicial interpretation, in fact, made it clear the "practice of medicine" and whether they have the qualifications to practice is the subject of "illegal practice crimes" rather than "whether legitimate medical institutions "Inside"
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This change has fundamentally reduced the burden for doctors to save people outside the hospital, giving them the legitimacy of saving people outside the hospital
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The
　　"Civil Code" helps doctors save people outside the hospital.

March 2017, the 12th National People's Congress Article 184 of the "General Principles of the Civil Law of the People's Republic of China" adopted at the fifth meeting stipulates: "If the rescuer is injured due to voluntary emergency rescue, the rescuer shall not bear civil liability
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"The "Civil Code of the People's Republic of China" adopted by the Third Session of the Thirteenth National People's Congress on May 28, 2020 follows this provision
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This rule of exemption from liability for bona fide rescuers is called the "good man law.
" , Its intention is to encourage the noble behavior of goodwill rescue of injuries and illnesses
.
The
　　"Doctors Law (Second Review of the Draft)" has added many provisions to encourage people to save outside the hospital
as the "Doctors Law" that not only protects the legitimate rights and interests of doctors, but also protects the health of the people.
It should be done in protecting the good deeds of saving people outside the hospital
.
Carefully read the "Physician Law (Draft Second Review)", which contains provisions to encourage and support doctors saving people outside the hospital.

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Article 17: Physicians who engage in the following activities do not need to go through the registration procedures for changing the practice location: (1) Participate in standardized training, advanced training, consultation, emergency or disaster medical rescue, charity or other public welfare medical treatment, and free consultation; (2) ) Undertaking national tasks or participating in important activities of government organizations; (3) Practicing in medical and health institutions that have signed assistance or trusteeship agreements within the medical consortium; (4) Other circumstances stipulated by laws, administrative regulations , and departmental rules
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Article 26: For patients in need of emergency treatment, doctors shall take emergency measures for diagnosis and treatment; no emergency treatment shall be refused
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The state encourages physicians and other medical and health personnel to actively participate in emergency services in public places
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Article 50: In violation of the provisions of this law, a physician who commits one of the following behaviors in practicing activities shall be ordered by the health authorities of the people’s government at or above the county level to make corrections, give warnings or order the suspension of practicing activities for more than six months but less than one year.
Confiscation of illegal income; if the circumstances are serious, the doctor’s practicing certificate shall be revoked: (1) Refusing first aid treatment for patients in need of emergency treatment, or delaying diagnosis and treatment due to irresponsibility, causing serious consequences; (2) Violating laws, regulations, or rules or Practice norms that cause medical accidents or other serious consequences
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For these three articles of encouragement and support for saving people outside the hospital, there are both "must do" legal requirements and punishment clauses that cause consequences for failure to do so, that is, penal provisions
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However, in general, the exemption from responsibility for saving people outside the hospital is mainly limited to three situations, one is "in emergency", the other is "when performing government responsibilities", and the third is when required by laws, administrative regulations, and departmental regulations.

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However, those who “violate laws, regulations, rules or practice norms, causing medical accidents or other serious consequences” must also bear corresponding responsibilities
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At the same time, in the "Physician Law (Second Review of the Draft)", under normal circumstances, physicians should still practise in accordance with the practice location, practice category, and practice scope registered in medical and health institutions, and perform corresponding medical and health services
.
Even if you practice more, you should go through the relevant procedures in accordance with the law.
For physicians who practice outside legally permitted medical and health institutions, or who practise outside of the registered practice location, practice category, or practice scope, they will still be subject to legal sanctions.
In severe cases, their practice will be revoked.
Certificate
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