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Against the backdrop of the Upcoming Entry into Force of the Medical Doctors Law of the People's Republic of China on March 1, this matter is typical.
The currently applicable Law of the People's Republic of China on Practicing Physicians stipulates in terms of legal responsibility that where patients' privacy is leaked and serious consequences are caused, the health administrative department of a government at the county level or above shall give a warning or order the suspension of practice activities for six months or more; if the circumstances are serious, revoke their practice certificate; if the crime is constituted, criminal responsibility shall be pursued in accordance with law. Judging from the reports, the doctor involved is obviously suspected of committing a crime, and the specific circumstances and the basis of criminal responsibility need further information.
If the act occurred after March 1, it is governed by the new Physicians Act. On the basis of the original provisions, the New Physicians Law proposes that those who violate the provisions of this Law and cause personal or property damage shall bear civil liability in accordance with the law, which increases the economic risk of violators, which is the due meaning of implementing the provisions of the Civil Code on the protection of patients' privacy and rights.
For doctors sentenced, both the old and new physician laws mention that after completing two years of imprisonment, they can apply for registration to practice. However, article 58 of the New Physicians Law stipulates that where there is a serious violation of the professional ethics and medical ethics of physicians, causing a bad social impact, the competent health department of the government at the provincial level or above shall revoke the physician's practice certificate or order it to stop illegal practice activities, and it will be prohibited from engaging in medical and health services or medical clinical research for 5 years until life. In other words, the parties are likely to be not allowed to practice registration after the end of criminal responsibility, completely breaking the road to medical practice.
In summary, it can be seen that doctors are engaged in clinical diagnosis and treatment, and the improvement of professional skills should be paid attention to, and the string of law is also loose. While physicians take the initiative to learn laws and regulations, health authorities at all levels and administrative departments of medical institutions should also actively provide high-quality legal popularization services. In reality, pushing the law to a third-party institution is the main reason why clinical frontline personnel do not get accurate legal guidance. The hospital management department should combine the characteristics of different types of posts in the clinical frontline and the sensitive or difficult problems they face, organize targeted legal popularization explanations, and formulate legal guidelines for clinical frontline personnel to search and use at any time. The staff of the health authorities at all levels and the hospital management departments should be the legal understanding people in the industry, so that it is possible to form a good management atmosphere of high-quality legal services.
Text: Hu Xiaoxiang, vice president of Jiangsu Health Law Society
Editor: Guan Zhongyao
Review: Xu Bingnan Yan Gong