Acts of illegal practice of "Sin" and "non-crime"

To punish illegal Medical practice acts, amendments to the Penal Code in 1997, an increase of Section 336 of the Illegal Practice of Medicine, referring to a doctor without obtaining professional qualifications of illegal Medical practice, serious behavior.

Section 336 of the Penal Code stipulates that the subject of illegal Medical practice act is "practicing medicine without a qualified person," the year 1999 on May 1 <<Medical Practitioners>> Since the implementation to get "qualified Medical practitioner" must pass the national Health administrative depArtments of the medical qualification exam in order to obtain "qualified medical practitioners." According to the State Council <<medical institution regulations>> Section 24 provides: "Any unit or individual, without the <<medical institution>>, not conduct treatment activities. "
Discusses the behavior of how the illegal practice "sin" and "non-crime" in the Law should be are two different concepts. I believe that, under the <<Penal Code>> Section 336 provides that "no person getting a medical qualification" is Criminal acts of illegal practice on the provision of "illegal medical practice act" does not necessarily constitute a "crime of illegal medical practice," have to have the <<Penal Code>> Section 336 of the "serious", "serious damage to Health of patients "and" death caused by treatment of the "three cases.

For "not qualified medical practitioners who made the illegal practice of medicine", "serious" and "serious harm to Health of patients" in the Supreme People's Court Supreme (2008) 5, the judicial interpretation of the provisions in detail.

In judicial practice, in addition to constitute illegal practice on Criminal Law cases other than those acts, more so in civil Law, the provisions of relevant Laws and regulations. Such as: In "<Medical Malpractice Bill>> Article 61 of the" illegal practice of medicine , resulting in personal injury patients, not medical. "But what is the illegal practice of medicine, in the" <medical treatment regulations>> there is no clear explanation, in the "<medical institution regulations>> Article 15," medical practice , should be registered to receive 'medical institution,' "In" <Medical Practitioners>> 39, the "stArt without approval or non-physician medical practice act, by the people's governments above the county level Health Administration confiscate the illegal income, and the drugs, equipment, and impose a fine of thousands "," <Maternal and Child Health Law approach>> requires staff working in maternal and child health provisions should be made in accordance with the appropriate qualifications. In 2005, seven ministries jointly released by the State <<Special Action Programme to combat the illegal practice of medicine>> The extension has even extended to the illegal practice of "medical institutions rental, contracting depArtment," "medical institution without the approval of STD clinics engaged in unauthorized activities" and "With B-identification of fetal sex and illegal sex selection clinic surgical termination of pregnancy act," and so on.

In daily life, there are such cases: in a city hospital's obstetrics and gynecology physician, by people you trust, which I think is out of life-saving humanitarian, without admissions of patients at home. As patients with bleeding, the lack of emergency treatment of patients at home medicines and medical equipment, resulting in death occurred in patients with medical malpractice. similar to this incident, the Ministry of Health had done in 2005, "approved": According to the <<Medical Practitioners> "and" <medical institution regulations>> requirements , MD, medical institutions should be registered within the practice. Thus, the physician in violation of health Administration regulations, causing serious consequences, at home and admissions, are not obtained <<medical institution>> behavior of the illegal practice of medicine . The case of the occurrence of illegal according to their circumstances, in accordance with the <<Medical Practitioners>> 39 and "<medical institution regulations>> Article 44 shall be punished.

In view of the parties put forward some physicians practice out consultation is unlawful conduct, the state administrative department of health, has formulated the "Provisional Regulations consultation doctors out", and in July 1, 2005 shall come into force. The provisions of Article II, "doctors out consultation refers to medical doctors approval by the host, for patients with other medical institutions to carry out a specific diagnosis and treatment activities within the scope of practice. "Therefore, in accordance with national rules and regulations of the health sector, medical institutions approved by the host to go out consultation, not the illegal medical practice act.

More statements in the above acts of the illegal practice of medicine, mainly in accordance with <<Medical Practitioners>> Article 39 provides that the state health Administration department shall give administrative punishment to constitute a crime shall be investigated for Criminal responsibility. Specific acts of unlawful practice of medicine units health administrative departments at all levels under the Health Authority.

According to <<Medical Practitioners>> provides physician practice in the work, must have two conditions: first, to obtain his qualification, two, is the result of registration, obtain physician practicing certificate. In the implementation of registration, according to the registration location, category range of activities engaged in medical practice. Otherwise, it is possible to conduct deemed illegal practice of medicine. Links http://www.hi138.com Research Papers Download