On March 1, 2022, a far-reaching event in the medical industry, the Medical Practitioner Law of the People's Republic of China (hereinafter referred to as the "Physician Law"), was officially implemented.
On February 28, the National Bureau of Statistics released the Statistical Communiqué of the People's Republic of China on National Economic and Social Development in 2021, showing that there were 12,000 public hospitals and 25,000 private hospitals in the country by the end of 2021. At the end of the year, there were 11.23 million health technicians, including 4.27 million practicing physicians and practicing assistant physicians, and 5.02 million registered nurses.
With the continuous expansion of the team of physicians and the increase in the number of medical institutions, "there are some new situations and new problems in the construction and management of the physician team that need to be solved urgently." On February 22, the National Health Commission organized a video conference on the implementation of the Physician Law, and the relevant person in charge of the Medical Administration Bureau of the National Health Commission introduced it.
Strengthen the legal provisions for the imprisonment of "medical troubles", add a new "hospital sense" system, and clarify the relevant guarantees for doctors to voluntarily participate in public places to rescue and treat and exempt themselves from liability... The above-mentioned meeting provided an authoritative interpretation of the highlights of the Physician Law.
Strengthen the protection of the treatment of medical personnel
According to the relevant person in charge of the Medical Institution Department of the Medical Administration Bureau of the National Health Commission, at present, the main problems in the construction and management of the team of physicians are:
1. The physician management system and practice rules need to be further clarified, so that the team of physicians is more in line with the requirements of the times and reform and development.
2. Follow the law of physician training and growth, reflect respect for and care for physicians, need to further protect the legitimate rights and interests of physicians, and enhance the sense of security, sense of gain and honor of physicians' practice.
3. In view of the weak team of grass-roots physicians in practice and the need to improve the public health service system, institutional measures need to be taken to solve them.
"The Physicians Law provides a legal basis for strengthening the protection of the treatment of medical staff." He introduced that article 1 of the Physicians Law is about the purpose of legislation. This article adjusts the wording of the original Law on Practicing Physicians, adjusting "protecting the legitimate rights and interests of physicians" to the first sentence, opening with a clear meaning, highlighting the importance that the state attaches to the rights and interests of physicians.
The Physicians Law designates August 19 of each year as the Chinese Physicians' Day, establishing the legal status of the Physicians' Day in the form of legislation. It also stipulates a commendation and reward system for physicians with outstanding contributions, which plays an important role in promoting the creation of a good atmosphere of respect for doctors and health in the whole society and the promotion of harmonious doctor-patient relations.
In addition, the Physician Law has fully absorbed and refined a series of policies and measures issued by various relevant departments and localities since the Eighteenth National Congress of the Communist Party of China, and set up a special chapter "Safeguard Measures", which clearly proposes that the state establish and improve the personnel, salary, title and reward system that reflects the professional characteristics of physicians and the value of technical labor.
The relevant person in charge said, "This creates better conditions and creates a better environment for the majority of doctors, so that everyone can serve the people's health with a full mental state and no distraction."
From secondary school to junior college, the entry threshold for doctors has been raised
In addition to highlighting the protection of the rights and interests of physicians, the Physician Law also pays more attention to the improvement of the quality of the physician team.
The Physician Law raises the minimum academic qualification requirements for those who take the physician qualification examination from technical secondary school to junior college, raising the threshold for physicians to enter. "This lays a good foundation for the high-quality development of the physician team, helps to improve the level of physician education, improve the overall professional and technical level of physicians, and further protect the health rights and interests of the people." Introduction of the relevant person in charge.
In order to make a better transition, it is also mentioned in the annex that the State shall take measures to encourage personnel with medical professional qualifications in secondary professional schools to improve their medical technical capabilities and levels by participating in higher-level academic education. Persons who have obtained a medical professional degree in a secondary professional school before the implementation of this Law and within a certain transitional period after the implementation of this Law may take the physician qualification examination.
Since the implementation of the deepening medical reform, the mainland has established and improved a three-stage continuous and unified medical education and training system for medical school education, post-graduation education and continuing medical education. The Physicians' Law further consolidates and strengthens this system. At the same time, it is required to formulate a doctor training plan and strengthen the coordination of medical education.
In addition, the Physician Law also breaks through the existing management model, and clarifies that physicians can increase the scope of practice after passing relevant professional training and assessment.
"This will further expand the practice space of physicians and conform to the trend of integrated development of clinical medical disciplines." The relevant person in charge said that the Physician Law has made specific and clear provisions on the academic qualifications, practice access, training and assessment, practice management and other aspects of doctors, and comprehensively promotes the improvement of the ability and quality of the physician team, reflecting the requirements of the times for the high-quality development of the physician team.
Encourage Chinese and Western medicine to learn from each other
The Physician Law protects the inheritance of Traditional Chinese medicine and encourages Chinese and Western medicine to learn from each other.
Article 14 proposes that traditional Chinese medicine and integrative Chinese and Western medicine physicians may practice in traditional Chinese medicine, integrated traditional Chinese and Western medicine or other clinical departments in medical institutions in accordance with the registered practice categories and scope of practice.
In order to further promote the integration of traditional Chinese medicine and Western medicine in the practice activities of physicians and standardize the practice behavior of physicians, the new law makes provisions on the application of Western medical techniques and methods for Chinese medicine physicians and the application of Traditional Chinese medicine technology methods for Western medical physicians.
Also article 14, it is proposed that Chinese medicine physicians who have obtained the qualification of physicians through examination may adopt Western medicine technology methods related to their profession in their professional activities in accordance with the relevant provisions of the state, after training and assessment. In accordance with the relevant provisions of the state, Western medicine physicians may adopt traditional Chinese medicine technical methods related to their profession in their practice activities after training and assessment.
This article regulates the practice activities of physicians. "The new law breaks through the existing management model and clarifies that physicians apply to increase the scope of practice after professional training and assessment." The relevant person in charge said.
Focus on the grass-roots level, pay more attention to the integration of medical and prevention
The revision of the Physicians Law further reflects the orientation of "focusing on the grass-roots level" and promotes the equalization of high-quality medical resources.
"The first is to strengthen training and guidance." The relevant person in charge said that in addition, rural doctors are encouraged to take the doctor qualification examination, improve the level of ability, and obtain the qualification of doctors.
Second, strengthen the guarantee of treatment. Physicians working at the grass-roots level and in hardship and remote areas will enjoy subsidies, subsidies and other policies in accordance with national regulations, and enjoy preferential treatment in terms of professional title evaluation, career development, education and training, and commendations and awards. At the same time, the multi-channel compensation mechanism and pension policy for rural doctors' service income will be further improved.
In addition, in order to strengthen technical assistance at the grass-roots level, the Physician Law has specific requirements for the evaluation of professional titles:
Where a practicing physician is promoted to a deputy senior technical title, he or she shall have more than one year of accumulated experience in providing medical and health services in medical and health institutions below the county level or in medical and health institutions supported by counterparts;
After being promoted to deputy senior technical title, medical and health services are provided in medical and health institutions below the county level or in medical and health institutions supported by counterparts, and if they have accumulated more than one year, priority will be given to promoting them to senior technical titles under the same conditions.
More attention is paid to regulating the practice behavior of physicians
Rights and obligations are reciprocal. While protecting the rights of physicians, the Physicians Law also pays more attention to regulating the practice behavior of physicians.
The first is to improve the duties and obligations of physicians. It is clear that physicians shall follow the guidelines for clinical diagnosis and treatment, comply with clinical technical operation norms and medical ethics norms, etc., and carry out medical clinical research in providing medical and health services. The obligation to inform or the acquisition of informed consent shall be performed in accordance with provisions.
The second is to standardize the multi-site practice of physicians. It is clarified that where physicians practice regularly in two or more medical and health institutions, they shall mainly use one medical and health institution and handle relevant formalities in accordance with relevant national provisions.
The third is to clarify the norms for physicians' Internet diagnosis and treatment. It is stipulated that practicing physicians may, in accordance with the relevant provisions of the State and with the consent of their medical and health institutions, provide appropriate medical and health services such as follows for the follow-up of some common diseases and chronic diseases through information technology such as the Internet, but they cannot be used for the first diagnosis.
Regular examination of physicians was changed from 2 years to 3 years. The above-mentioned relevant person in charge revealed that on the one hand, the burden on doctors is reasonably reduced, and at the same time, the National Health commission is studying and optimizing and improving the means of assessment, achieving a more accurate and objective evaluation of the daily business level, work performance, and professional ethics of doctors, and promoting doctors to continuously improve their service capabilities.
In addition, the Physicians Law provides for administrative penalties for physicians who seriously violate professional ethics and medical ethics and cause bad social impact. In order to maintain public trust in the medical team, a small number of people who seriously trample on the professional ethics of doctors were removed from the medical team, and for the first time at the legal level, a "lifetime ban" system was established.
The supporting management system is being revised and improved
The vitality of the law lies in its implementation. The promulgation of the Physicians Law established a general legal framework for strengthening the construction of the physician team. It is reported that the supporting management system is being revised and improved.
According to the relevant person in charge, in order to promote the comprehensive, accurate and timely implementation of various legal systems, the Medical Administration Bureau of the National Health commission has launched the formulation and revision of relevant supporting rules and normative documents, and will revise and improve the physician practice registration, physician qualification examination, physician regular assessment, physician practice scope and other documents.
With the promulgation and implementation of the Physician Law, three requirements have been put forward for the implementation of the Physician Law in various localities.
I. All localities should pay close attention to sorting out local rules and normative documents, and carry out the necessary enactment, revision, abolition and interpretation to ensure that they conform to the legislative principles and basic systems determined by the Physicians Law, and coordinate and connect with the relevant provisions of the Physicians Law.
Second, local health departments should strengthen the performance of their duties and responsibilities, guide all types of medical institutions at all levels and the majority of physicians to conscientiously implement the "Physician Law", properly exercise their rights, consciously perform their obligations, and strictly abide by the provisions on physician qualification examinations, registration, practice, training, assessment, and guarantees.
Third, all localities should strengthen supervision and inspection, promptly study the new situations and new problems that have emerged in the implementation of the "Physician Law", and investigate and deal with those who violate the "Physicians Law" in accordance with laws and regulations.
Sources | the health community
Written by | Liu Wenyang
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