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Can doctors still practice medicine after being sentenced?
If a doctor constitutes a criminal offence and his practice qualification certificate is revoked, or his practice qualification certificate has not been revoked, but less than two years have elapsed since the date of execution of punishment to the date of application for registration, he shall not practice.
Doctors shall perform the following obligations in their practice:
1, abide by laws and regulations, and abide by technical operation specifications;
2. Establish professionalism, abide by professional ethics, perform the duties of doctors, and serve patients with due diligence;
3. Care, love and respect patients and protect patients' privacy;
4, study hard, update knowledge, improve the professional and technical level;
5. Publicize medical care knowledge and provide health education for patients.
The license of a serving doctor shall be revoked, and the circumstances of revocation are as follows:
(1) False registration. Obtaining a business license by false registration or deception, and the circumstances are serious;
(2) Failing to start business or suspending business for no reason. If a company fails to start business for more than 6 months after its establishment without justifiable reasons, or stops business for more than 6 months after its opening, its business license shall be revoked by the company registration authority;
(3) Do not apply for cancellation. That is, after bankruptcy or dissolution and liquidation, the cancellation of registration is not handled;
(4) Avoid annual inspection. If an enterprise fails to participate in the annual inspection for two consecutive years, its business license may be revoked;
(5) Abuse of license. Forge, alter, lease, lend or transfer the business license;
(6) illegal business. Beyond the business scope, beyond the scope of business or in violation of various laws and regulations.
Sentencing standard for the crime of illegal medical practice;
If a person who has not obtained the qualification to practice medicine illegally, if the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or control, and shall also or only be fined; Those who seriously damage the health of patients shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and fined. Whoever causes death shall be sentenced to fixed-term imprisonment of not less than 10 years and fined.
The seriousness of the crime of illegal medical practice refers to:
(1) causes patients with mild disability, and organ and tissue damage leads to systemic dysfunction;
(2) Causing or threatening the spread and prevalence of Class A infectious diseases;
(three) the use of counterfeit drugs, inferior drugs or sanitary materials and medical devices that do not meet the standards prescribed by the state, which is enough to seriously endanger human health;
(4) Illegally practicing medicine after being punished twice by the administrative department of health;
(five) other serious circumstances.
Legal basis:
People's Republic of China (PRC) China Physician Law
Seventeenth after the registration of a doctor, in any of the following circumstances, the registration shall be cancelled and the doctor's practice certificate shall be revoked:
(1) died;
(2) Being subject to criminal punishment;
(3) The doctor's practice certificate has been revoked;
(4) The physician fails to pass the regular examination, the practice period is suspended, and the second interview is still unqualified;
(five) to suspend the practice of doctors for two years;
(6) Other circumstances in which medical and health services are prohibited by laws and administrative regulations or cancellation procedures should be handled.
Under any of the circumstances specified in the preceding paragraph, the medical and health institution to which the doctor belongs shall report to the competent health department that has granted registration within 30 days; The competent health department shall notify the competent health department that has approved the registration in time if it finds that the doctor has the circumstances specified in the preceding paragraph. The competent health department that approved the registration shall cancel the registration in time and abolish the doctor's practice certificate.
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