In today's society, medical safety is of vital significance to the health and life safety of the people. However, the phenomenon of practicing medicine without a license still exists, which seriously infringes on the public's health rights. In view of this problem, this article will rigorously and rationally elaborate on the definition, manifestations and corresponding legal sanctions of unlicensed medical practice.
1. Definition of practicing medicine without a license
Practicing medicine without a license refers to a person who has not obtained a doctor's license to engage in medical activities without authorization. This kind of behavior not only violates the laws and regulations of the medical industry, but also seriously ignores the rights and interests of public health.
2. Performance of practicing medicine without a license
The manifestations of unlicensed medical practice are complex and diverse, mainly including the following situations:
1. Engaging in medical activities without obtaining medical qualifications: Some personnel carry out medical activities without professional training and without obtaining medical qualifications, which brings great risks to patients' health.
2. Illegal establishment of medical institutions: Some individuals or groups set up medical institutions and carry out diagnosis and treatment activities without obtaining the "Medical Institution Practice License". These institutions are often poorly equipped and chaotic in management, which can easily lead to medical malpractice.
3. Continuing to practice medicine after having their practice certificates revoked: Some doctors continue to engage in medical activities after their practice certificates have been revoked due to violations of laws and regulations, which not only damages their careers, but also irpours the health of patients.
4. Engaging in rural medical activities without a license: In rural areas, some people who have not obtained relevant practice certificates engage in medical activities without authorization. With the advancement of medical reform, the system of rural doctors has changed, and those who have not obtained the qualification certificate of traditional Chinese medicine specialty physician or the certificate of assistant physician of rural general practice are not allowed to engage in rural medical activities.
5. Family birth attendants engage in non-birth medical practices: Home birth attendants, as a special type of medical personnel in rural areas, should focus on home birth attendants. However, some home birth attendants engage in non-birth medical practices without authorization, such as injections and infusions, which bring great risks to patients' health.
3. Legal sanctions for practicing medicine without a license
In order to crack down on the practice of medicine without a license, mainland law has established clear sanctions.
First of all, Article 336 of the Criminal Law of the People's Republic of China clearly stipulates that a person who has not obtained a doctor's license to practice medicine illegally practices medicine, and if the circumstances are serious, he will be punished by fixed-term imprisonment of not more than three years, criminal detention or surveillance, and a fine or a single fine; If the patient's health is seriously harmed, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined; If the patient dies, he or she shall be sentenced to imprisonment of not less than 10 years and shall also be fined. This provision provides a powerful legal weapon against the unlicensed practice of medicine.
Secondly, Article 39 of the Law of the People's Republic of China Medical Practitioners also stipulates that anyone who opens a medical institution to practice medicine or a non-physician who practices medicine without approval will be banned by the health administrative department of the people's government at or above the county level, confiscate the illegal income and its drugs and devices, and impose a fine of not more than 100,000 yuan; revocation of a doctor's practice certificate; If damage is caused to the patient, the patient will be liable for compensation in accordance with the law; If a crime is constituted, criminal responsibility will be pursued in accordance with the law. This provision not only clarifies the administrative responsibility for practicing medicine without a license, but also stipulates corresponding punishment measures, providing more comprehensive legal support for cracking down on unlicensed medical practice.
In addition, the Regulations on the Administration of Medical Institutions also clearly point out that medical institutions must register to practice and obtain a Medical Institution Practice License; No unit or individual shall carry out diagnosis and treatment activities without obtaining the "Medical Institution Practice License"; Medical institutions must carry out diagnosis and treatment activities in accordance with the approved and registered diagnosis and treatment subjects; Medical establishments must not use non-health technicians to engage in medical and health technical work. These regulations provide a clear legal basis for the legal operation of medical institutions, and also provide strong legal support for cracking down on unlicensed medical practice.
In short, practicing medicine without a license is a serious violation of the law, which not only endangers the public's health rights and interests, but also undermines the normal order of the medical industry. In order to safeguard the rights and interests of public health and the order of the medical industry, we must resolutely crack down on the phenomenon of practicing medicine without a license and bring the medical industry back on track.