In accordance with the third paragraph of Article 54 of the Physician Law of the People's Republic of China, the Municipal Health and Health Bureau confiscated 2,800 yuan of illegal gains from the TCM clinic in accordance with the law and imposed a fine of 25,000 yuan.
The author | Xu Yucai
Source| Medical Community (ID: vistamed)
On March 29, Health Langzhong released a message saying that Langzhong City had investigated and dealt with a case of using the "Physician Practice Certificate" to carry out diagnosis and treatment activities in accordance with the law. I would like to talk to friends in the industry today to attract the attention of doctors who rent and lend their medical practice certificates.
The facts of the case are as follows:
Recently, the Langzhong Municipal Health and Family Planning Supervision and Law Enforcement Brigade received a report from a patient: a Chinese medicine clinic in Langzhong City opened a large prescription.
Health law enforcement personnel went to the scene of the TCM clinic the next morning to carry out supervision and inspection, and found that Ma Moumou, the main person in charge of the TCM clinic, had no trace of practicing medicine since the clinic was filed. After further investigation, it was found that Mr. Zhang borrowed Ma X's "Physician Practice Certificate" to carry out relevant diagnosis and treatment activities from January to March 2022, and his "TCM Clinic Filing Certificate" was cancelled on March 14.
What is the third paragraph of Article 54 of the Physicians Law?
On August 20, 2021, the 30th session of the Standing Committee of the 13th National People's Congress voted to pass the Law of the People's Republic of China on Medical Doctors, which will come into effect on March 1, 2022.
Article 54 of the Physicians Law stipulates that if there is any violation of examination discipline or other acts in the physician qualification examination, and the circumstances are serious, it is prohibited to participate in the physician qualification examination for one to three years.
Where a physician qualification certificate or physician practice certificate is obtained by improper means, the competent health department that issued the certificate shall revoke it, and the corresponding application shall not be accepted for three years.
Where a physician's practice certificate is forged, altered, bought, sold, leased, or lent, the competent department of health of the people's government at the county level or above shall order corrections, confiscate the illegal gains, and impose a fine of not less than two times but not more than five times the illegal gains, and where the illegal gains are less than 10,000 yuan, it shall be calculated as 10,000 yuan; where the circumstances are serious, the physician's practice certificate shall be revoked.
Why does the Physicians Law prohibit the rental and lending of physician practice certificates?
As we all know, a physician is a kind of senior medical and health personnel, referring to senior medical and health personnel who have received higher medical education or have been engaged in medical and health work for a long time and have passed the examination and approval of the national health department. Therefore, the work he is engaged in is a matter of life, so the "Physician Law", as a standard for the practice of physicians and protecting the legitimate rights and interests of doctors and the public, must implement strict access to practice qualifications.
Article 9 of the Physicians Law stipulates that those who meet any of the following conditions may participate in the qualification examination for practicing physicians:
(1) Have a bachelor's degree or above in relevant medical majors of colleges and universities, and have participated in medical professional work practice in medical and health institutions for one year under the guidance of practicing physicians;
(2) Have a college degree in relevant medical specialties of a college or university, and have practiced in a medical and health institution for two years after obtaining a practicing assistant physician practice certificate.
This provision actually limits the examination of physicians to "college or above", which means that those who have obtained a secondary school degree in the medical profession will not be able to participate in the qualification examination for practicing physicians.
The Physician Law also stipulates that a physician qualification certificate shall be issued to a physician who passes the qualification examination and obtains the qualification of a practicing physician or a practicing assistant physician. The state implements a system of physician practice registration. Those who have not registered to obtain a physician practice certificate must not engage in physician practice activities. After registration, physicians may practice in medical and health institutions in accordance with the registered practice location, type of practice, and scope of practice, and engage in corresponding medical and health services. Traditional Chinese medicine and integrative Chinese and Western medicine physicians may practice in the departments of 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 ensure that there are still some TCM professionals in the society who can legally engage in TCM diagnosis and treatment services, the Physician Law, in accordance with the relevant provisions of the "Law of the People's Republic of China on Traditional Chinese Medicine", allows those who can learn TCM in the form of teacher inheritance or who have accumulated expertise in medical skills after years of practice can obtain the qualification of TCM physicians. Article 11 of the Physician Law stipulates that those who have studied Chinese medicine for three years in the form of a teacher, or who have real expertise after many years of practicing medical skills, may participate in the qualification examination for traditional Chinese medicine physicians after passing the examination and recommendation of a professional organization of traditional Chinese medicine or medical and health institution entrusted by the competent health department of the people's government at the county level or above.
Those who study TCM in the form of a teacher or who have accumulated expertise in medical skills after years of practice can obtain the qualification of tCM physician and the corresponding qualification certificate after passing the practical skills and effect assessment organized by the competent department of traditional Chinese medicine of the provincial-level people's government. Physicians practicing medicine individually shall go through approval or filing formalities in accordance with law.
Therefore, the practice of physicians must be admitted in accordance with the law and the code of conduct must be regulated. However, over the years, the rental and lending of physician practice certificates is very common, has been an open secret of the medical industry, and the "Practicing Physicians Law" promulgated in 1998 did not clearly define such acts as illegal acts, coupled with the change of clinic access to filing in recent years, the number of private medical institutions has increased significantly, and the market demand is huge, which has also led to the booming market for renting and lending physician practice certificates. Based on this, the new Physician Law stipulates that physicians are prohibited from forging, altering, buying, selling, leasing, and lending physician practice certificates.
There are also strict rules for the filing of TCM clinics
On July 1, 2017, the Law of the People's Republic of China on Traditional Chinese Medicine came into effect. The law stipulates that where a traditional Chinese medicine clinic is established, the name, address, scope of diagnosis and treatment, and staffing of the clinic can be reported to the competent department of traditional Chinese medicine of the people's government at the county level where the clinic is located for the record. On September 22, 2017, the Interim Measures for the Filing and Administration of Chinese Medicine Clinics were issued and came into effect on December 1, 2017.
The TCM clinics referred to in the Interim Measures are clinics that, under the guidance of the theory of TCM, use Traditional Chinese medicine and non-drug therapies such as acupuncture, cupping, and Tuina to carry out diagnosis and treatment services, as well as Chinese medicine medicine services such as Chinese medicine blending and decoction.
The Interim Measures require that the recorder shall truthfully provide relevant materials and reflect the true situation, and be responsible for the authenticity of the substantive content of its filing materials. After the county-level competent department of traditional Chinese medicine receives the filing materials, it shall file the record for the record where the materials are complete and meet the filing requirements, and issue the "Chinese Medicine Clinic Filing Certificate" on the spot. It is forbidden to forge, sell, transfer or lend the "Chinese Medicine Clinic Filing Certificate".
In addition to providing convenience for the establishment of TCM clinics, the interim measures also require that the competent departments of TCM at the county level shall conduct on-site inspections of TCM clinics for the record, verify relevant materials, and regularly carry out on-site supervision and inspection within 30 days from the date of filing of TCM clinics. For those who violate the provisions and sell, transfer or lend the "Chinese Medicine Clinic Filing Certificate", the county-level competent department of traditional Chinese medicine shall order corrections, give a warning, and may also impose a fine of between 10,000 and 30,000 yuan; if the circumstances are serious, they shall be ordered to stop practicing activities and cancel the "Record Certificate for Chinese Medicine Clinic".
Therefore, here is also a reminder to the doctors who apply for the record to open a Chinese medicine clinic to regulate their practice according to law. (This article is published by "Seeing the Medical Community", reprinted with permission, and the author and source are indicated at the beginning of the article.) ）
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