中华人民共和国医师法
Physicians Law of the People's Republic of China
Chapter I General Provisions
Article 1 This Law is formulated to safeguard the legitimate rights and interests of physicians, standardize their practice, strengthen the physician workforce, protect public health, and promote the Healthy China initiative.
Article 2 For the purposes of this Law, "physicians" refer to professional medical practitioners who have obtained physician qualifications in accordance with the law and are registered to practice in medical and health institutions, including practicing physicians and assistant physicians.
Article 3 Physicians shall uphold the principle of people-first and life-first, carry forward the humanitarian spirit, foster a noble professional ethos of respecting and protecting life, saving the dying and healing the wounded, dedication, and compassion, abide by professional ethics and practice standards, enhance their professional competence, and fulfill their sacred duty to prevent diseases, treat illnesses, and protect public health.
Article 4 The competent health authority under the State Council shall be responsible for the nationwide management of physicians. Other relevant departments under the State Council, including education, human resources and social security, and traditional Chinese medicine, shall be responsible for physician-related matters within their respective mandates.
Article 5 August 19 of each year is designated as Chinese Doctors' Day. Physicians who have made outstanding contributions to medical and health services shall be commended and rewarded in accordance with national regulations. The whole society shall respect physicians. People's governments at all levels shall care for and support physicians, promote their advanced deeds, strengthen professional training, encourage innovation, help resolve difficulties, and foster a societal atmosphere that honors and values medical professionals.
Chapter II Examination and Registration
Article 8 The state implements a physician qualification examination system. The examinations include the practicing physician qualification examination and the assistant physician qualification examination. These examinations shall be organized and administered by the health authorities of provinces or above.
Article 9 Persons meeting one of the following conditions may take the practicing physician qualification examination:
(1) Hold a bachelor’s degree or above in a relevant medical field from a higher education institution, and have completed at least one year of practical training in a medical institution under the guidance of a practicing physician;
(2) Hold an associate degree or above in a relevant medical field from a higher education institution, have obtained an assistant physician practice certificate, and have practiced in a medical institution for at least two years.
Article 12 A physician qualification certificate shall be issued to those who pass the physician qualification examination and obtain the qualification of practicing physician or assistant physician.
Article 13 The state implements a physician practice registration system. Those who have obtained physician qualifications may apply for registration to the health authorities of the local people’s government at or above the county level where they reside. Medical and health institutions may handle group registration procedures for their applicants.
Chapter III Practice Rules
Article 22 Physicians shall enjoy the following rights during their practice:
(1) Conduct medical examinations, disease investigations, treatments, and issue corresponding medical certificates within their registered scope of practice, and select reasonable medical, preventive, and healthcare plans in accordance with relevant norms;
(2) Receive labor remuneration, enjoy welfare benefits prescribed by the state, participate in social insurance, and receive corresponding benefits;
(3) Obtain basic practice conditions and occupational protective equipment that meet national standards;
(4) Engage in medical education, research, and academic exchanges;
(5) Participate in professional training and continuing medical education;
(6) Provide opinions and suggestions on the work of their medical institutions and health authorities, and participate in democratic management of their institutions in accordance with the law;
(7) Other rights prescribed by laws and regulations.
Article 23 Physicians shall fulfill the following obligations during their practice:
(1) Uphold professionalism and ethics, diligently treat patients, implement public health measures such as epidemic prevention and control;
(2) Follow clinical guidelines, technical operation standards, and medical ethics norms;
(3) Respect, care for, and protect patients, and safeguard their privacy and personal information in accordance with the law;
(4) Continuously improve professional knowledge and skills to enhance the quality of medical services;
(5) Promote health science knowledge and provide health education and guidance to patients and the public;
(6) Other obligations prescribed by laws and regulations.
Chapter IV Training and Assessment
Article 37 The state shall formulate physician training programs, establish mechanisms to balance physician cultivation with industry needs and societal demands, coordinate the training of various medical professionals, and strengthen the cultivation of personnel in shortage specialties such as general practice, pediatrics, psychiatry, and geriatrics.
Article 42 The state implements a regular assessment system for physicians. Health authorities at or above the county level, or their entrusted medical institutions and industry organizations, shall assess physicians’ professional competence, work performance, and ethical conduct every three years in accordance with physician practice standards.
Chapter V Safeguards
Article 44 The state shall establish and improve systems for personnel management, remuneration, professional titles, and rewards that reflect the characteristics and technical value of the physician profession. Physicians engaged in infectious disease control, radiological medicine, mental health, and other special positions shall receive appropriate allowances in accordance with state regulations. Allowance standards shall be adjusted regularly.
Article 47 The state encourages village doctors providing preventive, healthcare, and general medical services in rural medical institutions to obtain medical qualifications through education and to participate in physician qualification examinations to acquire physician qualifications in accordance with the law.
Chapter VI Legal Liabilities
Article 54 Persons who violate examination discipline or engage in other misconduct during the physician qualification examination, and whose actions are serious, shall be prohibited from taking the examination for one to three years.
Article 55 Physicians who commit any of the following acts during practice shall be ordered by the health authorities at or above the county level to make corrections and receive a warning; in serious cases, their practice shall be suspended for six months to one year or their practice certificate revoked:
(1) Failing to fulfill notification obligations or obtain informed consent in medical services or clinical research;
(2) Refusing emergency treatment for critically ill patients or causing delayed diagnosis/treatment due to negligence;
(3) Disobeying dispatch orders from health authorities during emergencies such as natural disasters, accidents, public health incidents, or social security events;
(4) Failing to report required information;
(5) Causing medical accidents or other serious consequences by violating laws, regulations, or professional norms.
Chapter VII Supplementary Provisions
Article 64 The state encourages individuals with medical qualifications from secondary specialized schools to improve their medical skills and knowledge through higher education. Persons who obtained relevant medical qualifications from secondary specialized schools before the implementation of this Law, or within a specified period thereafter, may take the physician qualification examination. Specific measures shall be formulated by the National Health Commission in conjunction with the Ministry of Education and the National Administration of Traditional Chinese Medicine.
Article 65 Specific measures for the implementation of this Law by the Chinese People’s Liberation Army and the Chinese People’s Armed Police Force shall be formulated by the State Council and the Central Military Commission.
Article 66 Specific management measures for overseas individuals participating in physician qualification examinations, applying for registration, practicing medicine, or engaging in clinical teaching, research, or academic exchanges shall be formulated by the National Health Commission.
Article 67 This Law shall come into force on March 1, 2022. The Law of the People’s Republic of China on Licensed Physicians is simultaneously repealed.