I. Legal basis
According to the provisions of Article 38 of the People's Republic of China (PRC) Basic Medical Care and Health Promotion Law and Article 15 of the Regulations on the Administration of Medical Institutions, it is necessary to obtain the Legal Practice License of Medical Institutions and carry out medical activities within the approved and registered medical subjects. Medical institutions engaged in medical activities beyond the approved and registered diagnosis and treatment subjects are beyond the scope of practice.
Medical registration is internal medicine and surgery, and gynecological diagnosis and treatment projects carried out by medical institutions are beyond the scope of practice, which is also illegal and should be subject to administrative punishment.
Second, the scope of diagnosis and treatment of neurology
Peripheral nerve diseases; Spinal cord diseases; Cerebrovascular diseases, including transient ischemic attack, cerebral infarction, cerebral embolism, lacunar cerebral infarction, cerebral hemorrhage and so on. Infectious diseases of central nervous system include encephalitis caused by viral infection, meningitis caused by bacterial infection, meningitis caused by fungal infection and various diseases caused by parasitic infection.
Demyelinating diseases of central nervous system; Dyskinesia diseases; Epilepsy; Headaches, including migraine and tension headaches; Degenerative diseases of nervous system; Hereditary neurological diseases, such as hereditary ataxia and spinocerebellar ataxia. Diseases with abnormal development of nervous system; Neuromuscular joint and muscle diseases; Paraneoplastic syndrome; Autonomic nervous system diseases.
Mental disorders related to nervous system diseases; Treatment of common critical diseases of nervous system.
Exceptions to Out-of-Scope Practice and Civil Liability
I. Exceptions to beyond-scope practice
If a doctor has one of the following circumstances after registration, it is not beyond the scope of practice.
1, emergency medical treatment for patients;
2, clinicians on the basis of "standardized training for residents" and "standardized training for general practitioners". , used for clinical professional changes;
3, according to the relevant provisions of the state, the approved medical, prevention and health care institutions, health support for agriculture, consultation, further study and academic exchanges, undertake the tasks assigned by the government and the free clinic approved by the administrative department of health. ;
4, other circumstances stipulated by the administrative department of health at or above the provincial level.
Second, the civil liability for practicing beyond the scope
If the patient is damaged in the diagnosis and treatment activities and the medical institution and its medical staff are at fault, the medical institution shall be liable for compensation; If a medical institution violates laws, administrative regulations, rules and other relevant medical norms, it is presumed that the medical institution is at fault.
The civil liability of medical institutions practicing beyond the scope generally refers to the tort liability in medical damage liability disputes. Medical institutions are found to be at fault for medical damage due to violation of administrative regulations, rules and relevant diagnosis and treatment norms or violation of patients' right to know.