Interpretation on Illegal Practice of Medicine Cases

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Title: Supreme People's Court Interpretation Concerning the Specific Application of Law in the Hearing of Criminal Cases of Illegal Practice of Medicine
Promulgating Entities:Supreme People's Court
Reference number:
Promulgation Date: 2016-12-16
Expiration date:
Source of text: http://www.court.gov.cn/fabu-xiangqing-33031.html

Supreme People's Court Interpretation Concerning the Specific Application of Law in the Hearing of Criminal Cases of Illegal Practice of Medicine
(Passed by the 1446th Meeting of the Adjudication Committee of the Supreme People's Court on April 28, 2008; Amended in accordance with the "Decision of the Supreme People's Court on Amending the 'Interpretation Concerning the Specific Application of Law in the Hearing of Criminal Cases of Illegal Practice of Medicine'", passed by the 1703rd Meeting of the Adjudication Committee of the Supreme People's Court on December 12, 2016)

So as to punish the crime of illegal practice of medicine in accordance with law and to safeguard the health and safety of citizens, the following Interpretation on the specific application of law in the hearing of criminal cases of illegal practice of medicine is made on the basis of relevant provisions of the Criminal Law:

Article 1: Those with any of the following situations, should be found to be "a person illegally practicing medicine without obtaining medical practice credentials" as provided in paragraph 1 of Article 336 of the Criminal Law:

(1) Engaging in medical treatment activities without having obtained physician qualifications or having obtained physician qualification by illegal methods;

(2) Engaging in medical treatment activities during the period when Physician Practice Certificates have been lawfully revoked;

(3) Engaging in rural medical activities without having obtained a Rural Physicians Practice Certificate;

(4) Family midwives carrying out medical treatment other than midwifery.

Article 2: In any of the following situations, it should be found to be "serious circumstances" as provided for in paragraph 1 of Article 336 of the Criminal Law:

(1) Causing mild disability, or damage to organ tissue, that leads to ordinary dysfunction;

(2) Causing Category A infectious diseases to spread, become epidemic, or the danger of their spreading or becoming epidemic;

(3) Using fake or shoddy medicines, or medical materials or instruments that do not meet national standards, sufficient so as to seriously harm human health;

(4) Engaging in the illegal practice of medicine after having already twice received administrative punishment from the administrative departments of health for practicing medicine illegally;

(5) Other situations where the circumstances are serious.

Article 3: In any of the following circumstances, it shall be found to "seriously harm a patient's health" as provided in paragraph 1 of Article 336 of the Criminal Law:

(1) Causing the patient moderate or greater disability or organ tissue damages that results in serious dysfunction;

(2) Causing more than three patients mild disability or organ tissue damage, resulting in ordinary dysfunction.

Article 4: Where acts of illegal medical practice are the direct or principal cause of a patient's death, it should be found to "have caused the patient's death" as provided for in paragraph 1 of Article 336 of the Criminal Law.

Where illegal practice of medicine is not the direct or principal cause of a patient's death, they need not be found to "have caused the patient's death" as provided for in paragraph 1 of Article 336 of the Criminal Law. However, based on the circumstances of the case, it may be found to be "a serious circumstance" as provided in paragraph 1 of Article 336 of the Criminal Law.

Article 5: Where committing the crime of illegal practice of medicine concurrently constitutes other crimes such as the production or sale of fake medicine, the production or sale of shoddy medicine, or fraud, conviction and punishment are to be in accordance with the crime for which the Criminal Law provides for harsher punishment.

Article 6: "Medical treatment activity" and "medical conduct" as used in this Interpretation is to be determine with reference to "diagnostic and treatment activity" and "medical cosmetology" as in the "Specific Implementing Measures for the Regulations on the Administration of Medical Establishments".

"Mild disability or organ tissue damage that results in ordinary dysfunction" and "moderate or higher disability or tissue or organ damages that results in serious dysfunction" as used in this Interpretation, shall be determined with reference to the "Classification Standards for Medical Accidents (for Trial Implementation)".

 

 

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