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TABLE OF CONTENTS CHAPTER I GENERAL PROVISIONS CHAPTER II REGISTRATION OF PRACTICING RURAL DOCTORS CHAPTER III RULES FOR PRACTICE CHAPTER IV TRAINING AND EVALUATION CHAPTER V LEGAL LIABILITIES CHAPTER VI SUPPLEMENTARY PROVISIONS CHAPTER I GENERAL PROVISIONS Article 1. In order to improve the professional ethics and skills of the rural doctors, to enhance the administration of the practice of rural doctors, to protect their legal rights and interests, to enable the villagers to have the primary health care services, the present Regulation is formulated in accordance with the Law of the People's Republic of China on Practicing Doctors (hereinafter referred to Law on Practicing Doctors). Article 2. The present Regulation shall be applicable to the rural doctors who haven't obtained the qualifications for practicing doctors or assistant practicing doctors yet, but are engaging in the services of disease prevention, health care and general medical treatment in the village medical and health institutions upon registration. The practicing doctors or assistant practicing doctors in the village medical and health institutions shall be managed in light of the Law on Practicing Doctors, to whom the present Regulation shall not be applicable. Article 3. The administrative department for health of the State Council shall be responsible for the management work of the nationwide rural doctors. The administrative departments for health of the people's governments at (above) the county level shall be responsible for the management work of the rural doctors within their respective administrative areas. Article 4. The state shall give awards to the rural doctors who have made outstanding achievements in the work of disease prevention, health care and medical services in the countryside and in handling emergencies. Article 5. The people's governments of all levels shall strengthen the training to the rural doctors by various means. Article 6. In accordance with the relevant regulations of the state, those medical education institutions qualified for diploma education shall carry out the medical diploma education fitting in with the demands of the countryside, and shall train the practical medical personnel for the countryside where they come from and will go back. Rural doctors are encouraged to learn the basic knowledge of traditional Chinese medicine and to apply the skills of traditional Chinese medicine to the practice of disease prevention and treatment. Article 7. Rural doctors are encouraged to acquire diplomas of medical specialties through medical education; and those qualified are encouraged to apply for taking the National Qualifying Examination for Doctors. Article 8. The qualified practicing doctors or assistant practicing doctors are encouraged to establish village medical and health institutions, or to provide the villagers with the services of disease prevention, health care and medical treatment in the village medical and health institutions. CHAPTER II REGISTRATION OF PRACTICING RURAL DOCTORS Article 9. A registration system shall be implemented for the practicing rural doctors. The administrative departments for health of the people's governments at (above) the county level shall be responsible for the registration work of the practicing rural doctors. Article 10. For a rural doctor who has obtained the Rural Doctor Certificate issued by the local administrative department for health of the people's government at (above) the county level prior to the promulgation of the present Regulation and meets any of the following conditions, he may file an application to the local administrative department for health of the people's government at (above) the county level for the registration of practicing rural doctors. After he has obtained the Rural Doctor Practice License, he may continue the medical practices in the village medical and health institution: (1) Having obtained a diploma of (above) secondary medical specialty; (2) Having been worked in the village medical and health institution for (more than) 20 years consecutively; or (3) Having accepted the training and acquired a qualification certificate in accordance with the training program set forth by the administrative department for health of the people's government at the level of province, autonomous region, or the municipality directly under the Central Government. Article 11. For the rural doctors who have got the Rural Doctor Certificate issued by the administrative departments for health of the people's governments at (above) the county level, but don't meet the requirements in Article 10 of the present Regulation, the administrative departments for health of the people's governments at the county level shall offer them trainings on the basic knowledge of the services of disease prevention, health care and general medical treatment, and shall give them an examination according to the contents and the scope specified by the administrative department for health of the people's government at the level of province, autonomous region or the municipality directly under the Central Government. The rural doctors who have received the training and have passed the examination mentioned in the preceding paragraph may apply for the registration of practicing rural doctors; for those failing to pass the examination, the local administrative department for health of the people's government of the county level shall organize them to accept a second training and to have a second examination. Those who fail to receive the second training or to pass the second examination shall not apply for the registration of practicing rural doctors. The training and examination mentioned in this section shall be completed within 6 months as of the implementation of the present Regulation. Article 12. The persons who enter into the village medical and health institutions to engage in the services of disease prevention, health care and medical treatment from the day the present Regulation is promulgated shall be qualified practicing doctors or qualified assistant practicing doctors. In the areas not meeting the requirements provided for in the preceding paragraph, depending on the actual demands, the persons who have got the diploma of secondary medical specialty and other persons who have reached this level upon training are permitted to apply for the registration and to enter into the village medical care and heath institutions. The specific measures shall be formulated by the people's governments at the level of province, autonomous region or municipality directly under the Central Government. Article 13. Where a person applies for engaging in medical practices in a village medical and health institution in accordance with the present Regulation, he shall file an application for registration with the administrative department for health of the local people's government of the county level upon the strength of the certification on planned employment issued by the village medical and health institution, and the relevant diploma certificate and certification. The administrative department for health of the people's government of the county level shall complete the examination of an application within 15 days upon its receipt. If the applicant meets the requirements in the present Regulation, he shall be approved of registration and shall be issued a Rural Doctor Practice License; if he fails to meet the requirements in the present Regulation, he shall not be registered, and explanations shall be given in a written form. Article 14. A rural doctor shall not be registered under any of the following circumstances: (1) He doesn't have the complete civil capacity; (2) He has been subject to a criminal punishment, and it is less than 2 years from the day of the completeness of the criminal punishment to the day when an application for medical practices registration is filed; or (3) He has been subject to the administrative sanction of revoking the Rural Doctor Practice License, and it is less than 2 years from the day when the administrative sanction is decided to the day when an application for medical practices registration is filed. Article 15. A rural doctor may not engage in the services of disease prevention, health care and general medical treatment in the village medical and health institution where he is employed unless he has obtained the practice license upon registration. Those obtain the Rural Doctor Practice License without be registered shall not engage in medical practice. Article 16. The Rural Doctor Practice License shall be valid for five years. Where a rural doctor needs to continue the medical practice after the expiry of the validity period of his License, he shall file an application for re-registration 3 months prior to the expiry of the validity period. The administrative department for health of the people's government of the county level shall examine the application within 15 days upon its receipt. If the applicant meets the requirements of the administrative department for health of the province, or autonomous region, or municipality directly under the Central Government, he shall be approved of re-registration, and to whom a new Rural Doctor Practice License shall be issued; if he fails to meet the relevant requirements, he shall not be re-registered, whose Rural Doctor Practice License shall be withdrawn by the original issuing department. Article 17. A rural doctor shall engage in medical practice in the village medical and health institution where he is employed; if he wants to work in another village medical and health institution, he shall go through the registration formalities for modification in accordance with Article 13 of the present Regulation. Article 18. The registration of a rural doctor shall be canceled by the original registered administrative department for health and the Rural Doctor Practice License shall be withdrawn under any of the following circumstances: (1) He is dead or is announced as missing; (2) He is subject to a criminal punishment; (3) He has already terminated medical practice for 2 years; or (4) He fails to pass the examination, and doesn't apply to take the second examination within the specified period or fails to pass the second examination. Article 19. The administrative departments for health of the people's government of the county level shall announce the name lists of registered, re-registered and canceled rural doctors to the villagers where the village medical and health institutions they are employed are located. These name lists shall be collected by the administrative departments of the people's governments at the level of province, autonomous region or municipality directly under the Central Government for archival purposes. Article 20. When handling the registration, re-registration and cancellation of registration of rural doctors, the administrative departments for health at the county level shall comply with the functions, requirements and procedures prescribed in laws, and abide by the principle of facilitating the people and increase the work efficiency. Article 21. For a villager or rural doctor finds any act in violation of the requirements for the registration, re-registration and cancellation of registration of rural doctors, he may inform the administration department for health of the relevant people's government, which shall verify the information in time, shall conduct investigation into it and deal with it, and shall announce the investigated and handled results to the public. Article 22. The administrative departments of the people's governments at the next higher level shall supervise and check the work of registration, re-registration and cancellation of registration of rural doctors conducted by the administrative departments of the people's governments at the lower level and shall rectify the illegal acts in time. CHAPTER III RULES FOR PRACTICE Article 23. When conducting medical practices, a rural doctor is entitled to enjoy the following rights: (1) To undertake general medical treatments, and issue the relevant medical certifications; (2) To participate in medical experience communications and join the professional academic associations; (3) To take part in professional trainings and educations; (4) When conducting medical practices, the personal dignity and safety shall not be impaired; (5) To receive rewards; and (6) To put forward opinions or proposals on the local services of disease prevention, health care and medical treatment and the work of the administrative department for health. Article 24. A rural doctor shall perform the following duties in medical practice: (1) He shall abide by the laws, regulations, rules and the technical standards for diagnosis, treatment and nursing, and the common practice; (2) He shall have the professional dedication, abide by the professional ethics, fulfill the obligations of a rural doctor and serve the villagers; (3) He shall concern about, take good care of and respect the patients and protect the privacy of the patients; (4) He shall try hard to study medical practices, update his knowledge and enhance the professional technical level; and (5) He shall publicize health care knowledge to the villagers, and offer health education to the patients. Article 25. A rural doctor shall help the relevant departments to do well in the work of primary health care services; shall timely report the situation of contagious diseases and poisoning accidents in light of the relevant regulations, shall faithfully fill in and submit the relevant health statistic statements to the superior departments and shall properly preserve the relevant materials. Article 26. In medical practices, a rural doctor shall not use the one-off medical appliances for the second time and use the sanitary materials repeatedly, shall dispose of the already-used one-off medical appliances and sanitary materials in accordance with the relevant regulations. Article 27. A rural doctor shall faithfully tell the patients or their relatives of the status of illness. For the patients beyond the scope of general medical services or unable to be diagnosed or treated because of the limited medical conditions and technical level, the rural doctor shall transfer them to other hospitals. Where it is improper to transfer the patient(s) in an emergency, the rural doctor shall first take salvage measures and shall seek help from the competent medical and health institutions in time. Article 28. A rural doctor shall not issue any medical certification having nothing to do with or being inconsistent with the scope of medical practices, and shall not conduct medical clinic experiments. Article 29. The administrative department for health of the people's government at the level of province, autonomous region or municipality directly under the Central Government shall set forth the basic medicines catalogue that may be used by the rural doctors according to the scope of general medical services of rural doctors. The rural doctors shall use the medicines specified within the catalogue of basic medicines for rural doctors. Article 30. In accordance with the relevant regulations, the people's government of the county level shall subsidize the rural doctors who carry out public health services required by the state, such as disease prevention and health care. CHAPTER IV TRAINING AND EVALUATION Article 31. The people's governments of the provinces, autonomous regions and municipalities directly under the central government shall organize and set forth the training program for rural doctors, and shall ensure that the rural doctors receive at least one training every 2 years. The people's government at the county level shall make its training plan according to the training program. For the rural doctors who undertake the public health services required by the state, such as disease prevention and health care, their training funds shall be listed in the financial budget at the county level. For the remote and poor areas, the local people's governments at (above) the level of city divided into districts shall support them with appropriate funds. Social organizations and individuals are encouraged to support the training work for rural doctors. Article 32. The administrative department for health at the county level shall be responsible for organizing the training work for rural doctors according to the training plan. The people's governments of townships or towns shall provide working and learning conditions for the rural doctors, shall ensure that the rural doctors receive training and further education. Article 33. The rural doctors shall accept at least one training every 2 years in accordance with the training plan, shall update their medical knowledge and improve their professional skills. Article 34. The administrative departments for health of the county level shall be responsible for the performance evaluation of rural doctors within their respective areas, which shall be conducted once every 2 years. The performance evaluation of a rural doctor shall be objective and fair, the opinions of the village medical and health institution where he is employed, the rural doctor himself, the local villagers' committee and the villagers shall be fully sought. Article 35. The administrative departments for health of the people's governments at the county level shall be responsible for checking the medical practices of the rural doctors, shall collect the villagers' comments and suggestions on the professional skills and work quality of the rural doctors, shall accept the complaints of the villagers against the rural doctors and shall get the information together and make analyses. The collected information, the analytical results and the training accepted by the rural doctors shall be considered the main items to evaluate the performance of the rural doctors. Article 36. Where a rural doctor is determined as qualified upon evaluation, he may continue the medical practices. For a rural doctor determined as unqualified, he may apply for a re-evaluation within 6 months. If he fails to do so within the specified time limit, or is determined as unqualified upon re-evaluation, the original registration department shall cancel his registration and withdraw the Rural Doctor Practice License. Article 37. The administrative departments for health of the relevant people's governments shall timely conduct investigations into and deal with the opinions, suggestions and complaints of the villagers and rural doctors, and shall inform the villagers and rural doctors of the investigated and handled results. CHAPTER V LEGAL LIABILITIES Article 38. Where a rural doctor has committed any of the following acts in violation of the present Regulation, he shall be ordered to rectify it within a specified time limit and shall be given a warning; if he fails to rectify it within the specified time limit, he shall be ordered to suspend the medical practices for more than 3 months but less than 6 months; if the circumstance is serious, his Rural Doctor Practice License shall be withdrawn by the original issuing department: (1) His medical practices are beyond the specified scope, or he fails to transfer the patients in accordance with the relevant requirements; (2) He used the prescription drugs not within the basic medicine catalogue for rural doctors by violating the present Regulation; (3) He issued medical certifications in violation of the present Regulation, or forged health statistic materials; or (4) He fails to report the situation of contagious diseases or poisoning accidents to the relevant departments in accordance with the requirements. Article 39. A rural doctor who conducts medical clinic experiments, or repeatedly uses the one-off medical appliances and sanitary materials in violation of the present Regulation, shall be ordered to stop the illegal acts by the administrative department for health of the local people's government of the county level, shall be given a warning, and may be imposed on a fine less than 1,000 yuan. If the circumstance is serious, his Rural Doctor Practice License shall be withheld temporarily or revoked by the original issuing department. Article 40. For a rural doctor who has gone to work in another village medical and health institution, but fails to go through the formalities for the modification of registration, he shall be given a warning and shall be ordered to go through the relevant formalities by the administrative department for health of the people's government at the county level. Article 41. For a person who has obtained the Rural Doctor Practice License by illegal means, the License shall be taken over by the original issuing department; if he has caused a personal injury upon the patient, he shall be liable for the civil compensation; if he constitutes a crime, he shall be subject to criminal responsibilities in accordance with the law. Article 42. For a person who engages in medical practices in a village medical and health institution without going through the relevant registration formalities, his medical practices shall be banned by the administrative department for health of the people's government at the county level, the illegal gains and the medicines and medical appliances shall be confiscated. Where the illegal gains are more than 5,000 yuan, a fine of more than one time but less than three times of the illegal gains shall be imposed; where the illegal gains are less than 5,000 yuan, a fine of more than 1,000 yuan but less than 5, 000 yuan shall be imposed; where personal injuries are caused, the offender shall be liable for civil compensations; where a crime is constituted, he shall be subject to the criminal responsibilities. Article 43. Where an administrative department for health of the county level fails to organize trainings for the rural doctors according to the training program and plan for rural doctors, it shall be ordered to rectify the fault by the people's government of the same level or by the administrative department for health of the people's government of the next higher level; if the circumstance is serious, the principal directly liable person and other directly liable persons shall be given administrative sanctions in accordance with the law. Article 44. Where an administrative department for health of the county level issues Rural Doctor Practice License to those not meeting the requirements of the present Regulation, or fails to issue Rural Doctor Practice License to those meeting the requirements of the present Regulation, it shall be ordered to rectify the fault by the people's government of the same level or by the administrative department for health of the people's government of the next higher level. The Rural Doctor Practice License shall be withdrawn or issued according to the respective circumstances. The principal directly liable person and other directly liable persons shall be given administrative sanctions in accordance with the law. Article 45. Where an administrative department for health of the county level fails to complete the examination of the applications for the registration or re-registration of medical practices of rural doctors within the specified time limit, or fails to announce the approved name lists of the registered, re-registered and canceled rural doctors to the villagers, it shall be ordered to rectify within the specified time limit; if it fails to rectify within the specified time limit, administrative sanctions shall be given to the principal directly liable person and other directly liable persons in accordance with the law. Article 46. Where an administrative department for health fails to verify, investigate into or announce the investigating and handling results of the illegal acts reported by the villagers or rural doctors, concerning the registration, re-registration and cancellation of the registration of rural doctors, it shall be ordered to rectify within a specified time limit by the people's government of the same level or by the administrative department for health of the people's government of the next higher level; if it fails to rectify within the specified time limit, administrative sanctions shall be given to the principal directly liable person and other directly liable persons. Article 47. For a person who picks quarrels and stirs up trouble and hinders the lawful medical practices of a rural doctor, insults, slanders, threatens or strikes a rural doctor, if his act violates the management of public security, he shall be punished by the public security organ in accordance with the law; if his act constitutes a crime, he shall be subject to the criminal responsibilities in accordance with the law. CHAPTER VI SUPPLEMENTARY PROVISIONS Article 48. The sample of Rural Doctor Practice License shall be prescribed by the administrative department for health of the State Council. Article 49. The present Regulation shall be implemented as of January 1, 2004. |
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