What kind of punishment should be imposed for obtaining a doctor s license by improper means?

According to Article 36 of the Law of the People's Republic of China on Medical Practitioners, if a physician's practice certificate is obtained by improper means, it shall be revoked by the health administrative department that issued the certificate; The person in charge who is directly responsible and other persons who are directly responsible shall be given administrative sanctions in accordance with law.

In addition, according to Article 15 of the Law on Medical Practitioners, those who have received an administrative penalty of revocation of a doctor's practice certificate and have been subject to the administrative penalty of revocation of a doctor's practice certificate and have not yet applied for registration as a physician for less than two years from the date of the penalty decision to the date of application for registration.

Those who illegally practice medicine without obtaining physician qualifications are suspected of the crime of illegally practicing medicine, and are sentenced to up to three years imprisonment, short-term detention or controlled release, and/or a fine; and where the patient's physical 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. The crime of illegally practicing medicine refers to the conduct of a person who has not obtained a doctor's license to practice medicine and treat the illness of the person who is responsible for him, and the circumstances are serious.

[Legal basis].Article 336 of the Criminal Law of the People's Republic of China.

Where a person who has not obtained a doctor's license illegally practices medicine, or where the circumstances are serious, is to be sentenced to up to three years imprisonment, short-term detention or controlled release, and/or a fine; where the patient's physical health is seriously harmed, a sentence of between three and ten years imprisonment and a concurrent fine is to be given; and where the death of the patient is caused, a sentence of 10 or more years imprisonment and a concurrent fine is to be given.

Illegal practice of medicine without medical qualifications is punishable by imprisonment or fines. The object of the crime of illegal practice of medicine is the state's management system of medical institutions and the public's life, health and safety. In order to regulate the behavior of China's medical institutions and their practitioners, and to protect the lives and health of the public, the state has formulated a series of medical and health management systems to ensure and promote the healthy development of China's medical and health undertakings.

Legal analysisThe illegal practice of medicine not only disrupts the established good order of medical and health management, but also often violates the health and life safety of patients because they do not have the basic conditions for practice. The object of the crime of cracking down on illegal medical practice is a complex object, the main object of which is the state's management system for medical and health work, and the secondary object is public health. The practice of medicine is a special profession related to the life and health of the people, so the state has extremely strict management of this profession.

Not only are the qualifications of medical practitioners strictly restricted, but they are also required to have certain technical qualifications in addition to good political and ideological conditions, so as to ensure the quality of medical care and ensure the people's lives, health, and safety. In addition, a set of management norms and systems have been formulated for the practice of medicine, so as to promote the healthy development of China's medical and health undertakings. Illegal practice of medicine not only disrupts the established good order of medical and health work management, but also often because the illegal practitioners do not have the qualifications and conditions to practice, the quality of medical services is poor, and at the same time, it also violates the health and life safety of patients.

[Legal basis].Criminal Law of the People's Republic of China" Article 336: Where a person who has not obtained a doctor's license illegally practices medicine, and the circumstances are serious, is to be sentenced to up to three years imprisonment, short-term detention or controlled release, and/or a fine; where the patient's physical health is seriously harmed, a sentence of between three and ten years imprisonment and a concurrent fine is to be given; and where the death of the patient is caused, a sentence of 10 or more years imprisonment and a concurrent fine is to be given. Where a person who has not obtained a doctor's license performs birth control reversal surgery, sham birth control surgery, pregnancy termination surgery, or removal of an intrauterine device for others without authorization, and the circumstances are serious, he is to be sentenced to up to three years imprisonment, short-term detention or controlled release, and/or a fine; where the patient's physical health is seriously harmed, a sentence of between three and ten years imprisonment and a concurrent fine is to be given; and where the death of the patient is caused, a sentence of 10 or more years imprisonment and a concurrent fine is to be given. Article 336-1 Where genes or cloned human embryos are implanted into human bodies or animals, or genes or cloned animal embryos are implanted into human bodies, and the circumstances are serious, a sentence of up to three years imprisonment or short-term detention is to be given, and a concurrent fine; where the circumstances are especially serious, the sentence is between three and seven years imprisonment and a concurrent fine.

Answer: C

Analysis: If a physician's practice certificate is obtained by improper means, it shall be revoked by the health administrative department that issued the certificate. Master the knowledge points of "practicing the practice rules, assessment training and legal responsibilities of the Pure Mu Industry Physician Law".

Answer]: C. See Article 36 of the Law on Medical Practitioners: If a doctor's practice certificate is obtained by improper means, it shall be revoked by the health administrative department that issued the certificate; Article 39:

Without approval, he opened a medical institution to practice medicine and practice meditation or a non-physician practitioner, and Sun Chen's clothes were ,......where a crime is constituted, criminal responsibility is pursued in accordance with law.

According to the provisions of the relevant laws of our country, to become a practicing physician, you need to obtain a practice license, and the physician practice license is more difficult to obtain, and some people will obtain it through improper means, so how to deal with obtaining a doctor's certificate of leniency by improper means? Let me answer this question for you, and I hope it can help you in a substantive sense.

What to do if you have obtained a doctor's license by improper means

In accordance with the relevant laws and regulations, if a physician's practice certificate is obtained by improper means of collapse, the health administrative department that issued the certificate shall revoke it, and the person responsible shall be given an administrative sanction.

Law of the People's Republic of China on Medical Practitioners

Article 36 Where a physician's practice certificate is obtained by improper means, it shall be revoked by the health administrative department that issued the certificate; The person in charge who is directly responsible and other persons who are directly responsible shall be given administrative sanctions in accordance with law.

Criteria for filing a case for the crime of illegal practice of medicine

Provisions of the Supreme People's Procuratorate and the Ministry of Public Security on the Standards for Filing and Prosecuting Criminal Cases under the Jurisdiction of Public Security Organs (1) Article 57 [Cases of Illegal Practice of Medicine (Criminal Law Article 336, Paragraph 1)] Where a person who has not obtained a doctor's license to practice medicine illegally practices medicine and is suspected of any of the following circumstances, a case shall be filed for prosecution:

1) Causing the patient to have mild disability, organ or tissue damage resulting in general functional impairment, or moderate or higher disability, organ or tissue damage resulting in severe functional impairment, or death;

2) Causing the spread or epidemic of Class A infectious diseases, or there is a risk of transmission or epidemic;

3) The use of counterfeit or inferior drugs, or sanitary materials or medical devices that do not meet the standards prescribed by the state, is sufficient to seriously endanger human health; (4) Illegally practicing medicine again after being punished twice by the administrative department of health; (5) Other situations where the circumstances are serious.

In any of the following circumstances, it is "illegal practice of medicine by a person who has not obtained a doctor's license" as provided for in this article:

1) Engaging in medical activities without obtaining or illegally obtaining medical qualifications;

2) Individuals who have not obtained a "Medical Institution Practice License" to open a medical institution;

3) Engaging in medical activities during the period when a physician's practice certificate has been revoked in accordance with law;

4) Engaging in rural medical activities without obtaining a rural doctor's practice certificate;

5) Family birth attendants carry out medical activities other than home birth attendants. The provisions of this article "mild disability, organ and tissue damage leading to general functional impairment" and "moderate or higher disability, organ and tissue damage leading to severe functional impairment" are to be determined with reference to the Ministry of Health's "Medical Accident Grading Standards (Trial)".

Answer] Bi Quiet: B

Article 36 of the Law of the People's Republic of China on Medical Practitioners: "If a physician's practice certificate is obtained by improper means, the health administrative department that issued the certificate shall revoke the number of the number and cancel the loss; The person in charge who is directly responsible and other persons who are directly responsible shall be given administrative sanctions in accordance with law. "Type of administrative punishment: Revocation of a doctor's practice certificate.

Punishment range, illegal circumstances and punishment discretionary standards: revocation of the doctor's practice certificate.

Answer]: c. If the physician's practice certificate is obtained by improper means, the practice certificate shall be revoked by the health administration department that issued the certificate; The person in charge and other persons directly responsible for Yeyan who are directly responsible for the wheel ridge shall be given administrative sanctions in accordance with the law.