Medical practitioners ordinance rural doctors

It was adopted at the 1 6th executive meeting in the State Council on July 30th, 2003, and was promulgated by Order No.386 of the State Council on August 5th, 2003, and shall come into force on June 5438+ 10/day, 2004.

Chapter I General Provisions

first

In order to improve the professional ethics and professional quality of rural doctors, strengthen the management of rural doctors, protect the legitimate rights and interests of rural doctors, and ensure villagers to obtain primary health care services, these Regulations are formulated in accordance with the provisions of the Law of People's Republic of China (PRC) Municipality on Medical Practitioners (hereinafter referred to as the Law on Medical Practitioners).

second

These Regulations apply to rural doctors who have not yet obtained the qualification of practicing doctors or practicing assistant doctors and are registered in village medical and health institutions to engage in prevention, health care and general medical services.

Medical practitioners or assistant medical practitioners in rural medical and health institutions shall be managed in accordance with the provisions of the Medical Practitioners Law, and these Regulations shall not apply.

essay

The health administrative department of the State Council is responsible for the management of rural doctors throughout the country.

The health administrative department of the local people's government at or above the county level shall be responsible for the management of rural doctors within their respective administrative areas.

Article 4

The state rewards rural doctors who have made outstanding achievements in rural prevention, health care, medical services and emergency handling of emergencies.

Article 5

Local people's governments at all levels should strengthen the training of rural doctors and adopt various forms to train rural doctors.

Article 6

Medical educational institutions with academic qualifications should carry out medical academic education to meet the needs of rural areas in accordance with the relevant provisions of the state, and train suitable health talents for rural areas.

The state encourages rural doctors to learn the basic knowledge of Chinese medicine and use Chinese medicine skills to prevent and treat diseases.

Article 7

The state encourages rural doctors to obtain medical professional qualifications through medical education; Encourage qualified rural doctors to apply for the national doctor qualification examination.

Article 8

The state encourages persons who have obtained the qualification of practicing doctors or practicing assistant doctors to set up village medical and health institutions or provide prevention, health care and medical services to villagers in village medical and health institutions.

Chapter II Practice Registration

Article 9

The state implements the practice registration system for rural doctors.

The health administrative department of the people's government at the county level is responsible for the practice registration of rural doctors.

Article 10

Before the promulgation of these Regulations, rural doctors who have obtained the certificate of rural doctors issued by the health administrative department of the local people's government at or above the county level and meet one of the following conditions may apply to the health administrative department of the people's government at the county level for registration of rural doctors, and continue to practice in rural medical and health institutions after obtaining the certificate of rural doctors:

(1) Having a medical professional education at or above the secondary level;

(two) working in the village medical and health institutions for more than 20 years;

(3) To receive training and obtain a certificate of conformity according to the training plan formulated by the health administrative department of the people's government of a province, autonomous region or municipality directly under the Central Government.

Article 11

For rural doctors who hold certificates issued by the health administrative departments of local people's governments at or above the county level but do not meet the requirements stipulated in Article 10 of these regulations, the health administrative departments of the people's governments at the county level shall conduct basic knowledge training on prevention, health care and general medical services, and conduct examinations according to the contents and scope determined by the health administrative departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government.

Rural doctors mentioned in the preceding paragraph who have passed the training and examination may apply for the practice registration of rural doctors; After training, but the assessment is unqualified, the health administrative department of the people's government at the county level shall organize retraining and assessment. Those who do not participate in retraining or fail to pass the exam again may not apply for the practice registration of rural doctors.

The training and examination referred to in this article shall be completed within 6 months after the implementation of these regulations.

Article 12

Personnel who enter the village medical and health institutions to engage in prevention, health care and medical services from the date of promulgation of these regulations shall have the qualifications of practicing doctors or practicing assistant doctors.

In areas that do not meet the conditions specified in the preceding paragraph, according to actual needs, personnel with secondary medical professional qualifications or other personnel who have reached the secondary medical professional level after training may be allowed to apply for practice registration and enter the village medical and health institutions to practice. Specific measures shall be formulated by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government.

Article 13

Those who meet the conditions stipulated in this Ordinance and apply for practicing in the village medical and health institutions shall apply for practicing registration to the health administrative department of the people's government at the county level where the village medical and health institutions are located on the strength of the proposed employment certificate and the relevant academic certificates and certificates issued by the village medical and health institutions.

The health administrative department of the people's government at the county level shall complete the examination within 15 days from the date of accepting the application, and grant the practice registration to those who meet the conditions stipulated in these regulations, and issue the practice certificate to the rural doctors; Do not meet the requirements of this Ordinance, shall not be registered, and explain the reasons in writing.

Article 14

Rural doctors shall not be registered in any of the following circumstances:

(a) does not have full capacity for civil conduct;

(2) Having been subjected to criminal punishment for less than 2 years from the date of completion of punishment to the date of application for practice registration;

(3) Being subject to administrative punishment of revoking the practicing certificate of rural doctors, and less than 2 years have elapsed since the date of the decision on punishment to the date of applying for practicing registration.

Article 15

Rural doctors can only engage in prevention, health care and general medical services in the village medical and health institutions where they are employed after obtaining the practice certificate.

Those who have obtained the practice certificate of rural doctors without registration shall not practice.

Article 16

The practice certificate of rural doctors is valid for 5 years.

Rural doctors who need to continue practicing after the expiration of the practicing certificate shall apply for re-registration 3 months before the expiration of the practicing certificate.

The health administrative department of the people's government at the county level shall conduct an audit within 15 days from the date of accepting the application. If the conditions stipulated by the health administrative department of the people's government of a province, autonomous region or municipality directly under the Central Government are met, it shall be allowed to re-register and renew the practicing certificate of rural doctors; Those who do not meet the conditions shall not be re-registered, and the original practice certificate of township doctors shall be recovered by the issuing department.

Article 17

Rural doctors should practice in the village medical and health institutions where they are employed; Where a village medical and health institution changes its practice, it shall go through the formalities for registration of change in accordance with the procedures stipulated in Article 13 of these regulations.

Article 18

In any of the following circumstances, the original registered health administrative department shall cancel its practice registration and recover the practice certificate of rural doctors:

(a) Dead or declared missing;

(2) Being subject to criminal punishment;

(3) Having stopped practicing for 2 years;

(4) Failing to pass the examination, failing to submit an application for re-examination within the time limit, or still failing after the re-examination.

Article 19

The health administrative department of the people's government at the county level shall announce to the villagers where the village medical and health institutions where they practice, the list of persons who have been granted practice registration, re-registration and cancellation of registration, and the health administrative department of the people's government of the city divided into districts shall summarize and report to the health administrative department of the people's government of the province, autonomous region or municipality directly under the Central Government for the record.

Article 20

The health administrative department of the people's government at the county level shall handle the practice registration, re-registration and cancellation of registration of rural doctors in accordance with the statutory authority, conditions and procedures, follow the principle of facilitating the people, and improve work efficiency.

Article 21

Villagers and rural doctors who find illegal registration, re-registration or cancellation of registration of rural doctors may report to the health administrative department of the relevant people's government; The health administrative department of the relevant people's government shall verify, investigate and deal with the reflected situation in a timely manner, and publish the results of the investigation and handling.

Article 22

The health administrative department of the people's government at a higher level shall strengthen the supervision and inspection of the registration, re-registration and cancellation of registration of rural doctors by the health administrative department of the people's government at a lower level, and promptly correct the illegal acts.

Chapter III Practice Rules

Article 23

Rural doctors enjoy the following rights in their practice:

(a) general medical care, issued by the corresponding medical certificate;

(two) to participate in the exchange of medical experience, to participate in professional academic groups;

(three) to participate in business training and education;

(4) Personal dignity and personal safety are inviolable in practice;

(5) Obtaining remuneration;

(six) to put forward opinions and suggestions on local prevention, health care, medical work and the work of health administrative departments.

Article 24

Rural doctors shall perform the following obligations in their practice activities:

(1) Abide by laws, regulations, rules, technical specifications and routine medical care;

(two) to establish professionalism, abide by professional ethics, perform the duties of rural doctors, and serve the health of villagers;

(3) Caring for, caring for and respecting patients and protecting their privacy;

(four) study hard, update knowledge, improve the professional and technical level;

(five) to publicize the knowledge of health care to the villagers, and to carry out health education for patients.

Article 25

Rural doctors should assist relevant departments to do a good job in primary health care services; Report the epidemic situation of infectious diseases and poisoning incidents in a timely manner according to the regulations, truthfully fill in the relevant health statistics reports, and properly keep the relevant information.

Article 26

Rural doctors shall not reuse disposable medical devices and sanitary materials in their practice activities. Disposable medical devices and sanitary materials used shall be disposed of in accordance with regulations.

Article 27

Rural doctors should truthfully introduce the illness to patients or their families, and refer patients who are beyond the scope of general medical services or cannot be diagnosed and treated due to medical conditions, technical level and other reasons in time; In case of emergency, if referral is impossible, first aid should be given, and medical and health institutions with rescue conditions should be asked for help in time.

Article 28

Rural doctors may not issue medical certificates that are irrelevant or inconsistent with their scope of practice, and may not carry out experimental clinical medical activities.

Article 29

The health administrative departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall, according to the scope of general medical services for rural doctors, formulate a list of essential drugs for rural doctors. Rural doctors should use drugs within the scope stipulated in the Catalogue of Essential Drugs for Rural Doctors.

Article 30

The people's governments at the county level shall subsidize rural doctors to provide public health services such as prevention and health care prescribed by the state.

Chapter IV Training and Assessment

Article 31

The people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall organize the formulation of training plans for rural doctors to ensure that rural doctors receive training at least once every two years. The people's government at the county level shall formulate the training plan for rural doctors in this area according to the training plan.

For rural doctors who undertake public health services such as prevention and health care stipulated by the state, the training funds will be included in the county-level financial budget. In remote and poor areas, local people's governments at or above the municipal level with districts shall give appropriate financial support.

The state encourages social organizations and individuals to support the training of rural doctors.

Article 32

The health administrative department of the people's government at the county level is responsible for organizing the training of rural doctors according to the training plan for rural doctors.

The people's governments of townships and towns and villagers' committees shall provide conditions for rural doctors to carry out their work and study, and ensure that rural doctors receive training and continuing education.

Article 33

Rural doctors should receive training at least once every two years according to the requirements of the training plan, update their medical knowledge and improve their professional level.

Article 34

The health administrative department of the people's government at the county level is responsible for organizing the assessment of rural doctors in this area; The assessment of rural doctors is organized every two years.

The assessment of rural doctors should be objective and fair, and fully listen to the opinions of the village medical and health institutions, rural doctors themselves, villagers' committees and villagers where rural doctors practice.

Article 35

The health administrative department of the people's government at the county level is responsible for inspecting the practice of rural doctors, collecting opinions and suggestions from villagers on the professional level and work quality of rural doctors, accepting complaints from villagers on rural doctors, and making a summary analysis. The summary and analysis results and the training of rural doctors will be the main contents of the assessment of rural doctors.

Article 36

Rural doctors who pass the examination can continue to practice; Those who fail the exam may apply for a second interview within 6 months. If a rural doctor fails to apply for a re-examination within the time limit or fails to pass the re-examination, the original registration department shall cancel his practice registration and withdraw his practice certificate.

Article 37

The health administrative department of the relevant people's government shall promptly investigate and handle the opinions, suggestions and complaints put forward by villagers and rural doctors, and inform the villagers or rural doctors of the results of the investigation and handling.

Chapter V Legal Liability

Article 38

Rural doctors who violate the provisions of these regulations in their practice and commit any of the following acts shall be ordered by the health administrative department of the people's government at the county level to make corrections within a time limit and be given a warning; If it fails to make corrections within the time limit, it shall be ordered to suspend its practice activities for more than 3 months and less than 6 months; If the circumstances are serious, the practice certificate of rural doctors shall be withheld by the original issuing department:

(a) beyond the prescribed scope of practice, or not in accordance with the provisions of the referral;

(two) the use of prescription drugs outside the basic drug list of rural doctors in violation of regulations;

(3) Issuing medical certificates or forging health statistics in violation of regulations;

(four) failing to report the epidemic situation of infectious diseases and poisoning incidents as required.

Article 39

Rural doctors who carry out experimental clinical medical activities in violation of regulations or repeatedly use disposable medical devices and sanitary materials in their practice activities shall be ordered by the health administrative department of the people's government at the county level to stop the illegal act, given a warning and may be fined 1000 yuan; If the circumstances are serious, the practice certificate of rural doctors shall be withheld or revoked by the original issuing department.

Article 40

If a rural doctor changes his practice in a village medical and health institution and fails to go through the registration formalities for changing his practice, the health administrative department of the people's government at the county level shall give him a warning and order him to go through the registration formalities for changing his practice within a time limit.

Forty-first whoever obtains the practice certificate of rural doctors by improper means shall be confiscated by the issuing department; If it causes personal injury to the patient, it shall bear civil liability for compensation according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.

Article 42 Those who engage in medical activities in village medical and health institutions without registration shall be banned by the health administrative department of the local people's government at or above the county level, and their illegal income, medicines and medical devices shall be confiscated. If the illegal income is more than 5,000 yuan, a fine of 1 times and less than 3 times shall be imposed. If there is no illegal income or the illegal income is less than 5,000 yuan, a fine of 1000 yuan to 3,000 yuan shall be imposed; If it causes personal injury to the patient, it shall bear civil liability for compensation according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.

Article 43 If the health administrative department of the people's government at the county level fails to organize the training of rural doctors in accordance with the training plan and plan, the health administrative department of the people's government at the same level or the people's government at the next higher level shall order it to make corrections; If the circumstances are serious, the directly responsible person in charge and other directly responsible personnel shall be given administrative sanctions according to law.

Article 44 Where the administrative department of health of the people's government at the county level issues the practicing certificate of rural doctors to those who do not meet the requirements stipulated in these Regulations, or refuses to issue the practicing certificate of rural doctors to those who meet the requirements, the administrative department of health of the people's government at the same level or the people's government at the next higher level shall order them to make corrections, withdraw or reissue the practicing certificate of rural doctors, and impose administrative sanctions on the directly responsible person in charge and other directly responsible personnel according to law.

Article 45 If the health administrative department of the people's government at the county level fails to complete the examination and approval of the application for practicing registration or re-registration of rural doctors within the specified time, or fails to announce to the villagers the list of persons who are allowed to practice registration, re-registration and cancellation of registration, the health administrative department of the people's government at the same level or the people's government at the next higher level shall order it to make corrections within a time limit; If no correction is made within the time limit, the directly responsible person in charge and other directly responsible personnel shall be given administrative sanctions according to law.

Article 46 If the administrative department of health fails to timely verify and investigate the illegal acts of rural doctors in practicing registration, re-registration and cancellation of registration reflected by villagers and rural doctors, or fails to announce the investigation results, the administrative department of health of the people's government at the same level or the people's government at a higher level shall order it to make corrections within a time limit; If no correction is made within the time limit, the directly responsible person in charge and other directly responsible personnel shall be given administrative sanctions according to law.

Article 47 Whoever stirs up troubles, hinders rural doctors from practicing according to law, insults, slanders, threatens or beats rural doctors, which constitutes a violation of public security administration, shall be punished by public security organs according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.

Chapter VI Supplementary Provisions

Forty-eighth rural doctors' practice certificate format shall be prescribed by the administrative department of health of the State Council.

Article 49 These Regulations shall come into force on June 6+1October 6+1October 6, 2004.