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Regulation on the Administration of the Practice of Rural Doctors [Effective]
乡村医生从业管理条例 [现行有效]
【法宝引证码】
 
  
  
Order of the State Council of the People's Republic of China
(No. 386)
The Regulation on the Administration of the Practice of Rural Doctors has been adopted at 16th executive meeting of the State Council on July 30, 2003. It is hereby promulgated and shall be implemented as of January 1, 2004.
Wen Jiabao Premier
August 5, 2003
Regulation on the Administration of the Practice of Rural Doctors
 

中华人民共和国国务院令
(第386号)


《乡村医生从业管理条例》已经2003年7月30日国务院第16次常务会议通过,现予公布,自2004年1月1日起施行。
总理 温家宝
二00三年八月五日
乡村医生从业管理条例
Chapter I General Provisions
 

第一章 总则


Article 1 In order to improve the professional ethics and skills of the rural doctors, to enhance the administration of the practice of rural doctors, to protect their legal rights and interests, to enable the villagers to have the primary health care services, the present Regulation is formulated in accordance with the Law of the People's Republic of China on Practicing Doctors (hereinafter referred to as Law on Practicing Doctors).
   第一条 为了提高乡村医生的职业道德和业务素质,加强乡村医生从业管理,保护乡村医生的合法权益,保障村民获得初级卫生保健服务,根据《中华人民共和国执业医师法》(以下称执业医师法)的规定,制定本条例。
Article 2 The present Regulation shall be applicable to the rural doctors who haven't obtained the qualifications for practicing doctors or assistant practicing doctors yet, but are engaging in the services of disease prevention, health care and general medical treatment in the village medical and health institutions upon registration.
The practicing doctors or assistant practicing doctors in the village medical and health institutions shall be managed in light of the Law on Practicing Doctors, to whom the present Regulation shall not be applicable.
   第二条 本条例适用于尚未取得执业医师资格或者执业助理医师资格,经注册在村医疗卫生机构从事预防、保健和一般医疗服务的乡村医生。
村医疗卫生机构中的执业医师或者执业助理医师,依照执业医师法的规定管理,不适用本条例。
Article 3 The administrative department for health of the State Council shall be responsible for the management work of the nationwide rural doctors.
The administrative departments for health of the people's governments at (above) the county level shall be responsible for the management work of the rural doctors within their respective administrative areas.
   第三条 国务院卫生行政主管部门负责全国乡村医生的管理工作。
县级以上地方人民政府卫生行政主管部门负责本行政区域内乡村医生的管理工作。
Article 4 The state shall give awards to the rural doctors who have made outstanding achievements in the work of disease prevention, health care and medical services in the countryside and in handling emergencies.
   第四条 国家对在农村预防、保健、医疗服务和突发事件应急处理工作中做出突出成绩的乡村医生,给予奖励。
Article 5 The people's governments of all levels shall strengthen the training to the rural doctors by various means.
   第五条 地方各级人民政府应当加强乡村医生的培训工作,采取多种形式对乡村医生进行培训。
Article 6 In accordance with the relevant regulations of the state, those medical education institutions qualified for diploma education shall carry out the medical diploma education fitting in with the demands of the countryside, and shall train the practical medical personnel for the countryside where they come from and will go back.
Rural doctors are encouraged to learn the basic knowledge of traditional Chinese medicine and to apply the skills of traditional Chinese medicine to the practice of disease prevention and treatment.
   第六条 具有学历教育资格的医学教育机构,应当按照国家有关规定开展适应农村需要的医学学历教育,定向为农村培养适用的卫生人员。
国家鼓励乡村医生学习中医药基本知识,运用中医药技能防治疾病。
Article 7 Rural doctors are encouraged to acquire diplomas of medical specialties through medical education; and those qualified are encouraged to apply for taking the National Qualifying Examination for Doctors.
   第七条 国家鼓励乡村医生通过医学教育取得医学专业学历;鼓励符合条件的乡村医生申请参加国家医师资格考试。
Article 8 The qualified practicing doctors or assistant practicing doctors are encouraged to establish village medical and health institutions, or to provide the villagers with the services of disease prevention, health care and medical treatment in the village medical and health institutions.
   第八条 国家鼓励取得执业医师资格或者执业助理医师资格的人员,开办村医疗卫生机构,或者在村医疗卫生机构向村民提供预防、保健和医疗服务。
Chapter II Registration of Practicing Rural Doctors
 

第二章 执业注册


Article 9 A registration system shall be implemented for the practicing rural doctors.
The administrative departments for health of the people's governments at (above) the county level shall be responsible for the registration work of the practicing rural doctors.
   第九条 国家实行乡村医生执业注册制度。
县级人民政府卫生行政主管部门负责乡村医生执业注册工作。
Article 10 For a rural doctor who has obtained the Rural Doctor Certificate issued by the local administrative department for health of the people's government at (above) the county level prior to the promulgation of the present Regulation and meets any of the following conditions, he may file an application to the local administrative department for health of the people's government at (above) the county level for the registration of practicing rural doctors. After he has obtained the Rural Doctor Practice License, he may continue the medical practices in the village medical and health institution.
   第十条 本条例公布前的乡村医生,取得县级以上地方人民政府卫生行政主管部门颁发的乡村医生证书,并符合下列条件之一的,可以向县级人民政府卫生行政主管部门申请乡村医生执业注册,取得乡村医生执业证书后,继续在村医疗卫生机构执业:
(1) Having obtained a diploma of (above) secondary medical specialty;
 (一)已经取得中等以上医学专业学历的;
(2) Having been worked in the village medical and health institution for (more than) 20 years consecutively;
 (二)在村医疗卫生机构连续工作20年以上的;
(3) Having accepted the training and acquired a qualification certificate in accordance with the training program set forth by the administrative department for health of the people's government at the level of province, autonomous region, or the municipality directly under the Central Government.
 (三)按照省、自治区、直辖市人民政府卫生行政主管部门制定的培训规划,接受培训取得合格证书的。
Article 11 For the rural doctors who have got the Rural Doctor Certificate issued by the administrative departments for health of the people's governments at (above) the county level, but don't meet the requirements in Article 10 of the present Regulation, the administrative departments for health of the people's governments at the county level shall offer them trainings on the basic knowledge of the services of disease prevention, health care and general medical treatment, and shall give them an examination according to the contents and the scope specified by the administrative department for health of the people's government at the level of province, autonomous region or the municipality directly under the Central Government.
The rural doctors who have received the training and have passed the examination as mentioned in the preceding paragraph may apply for the registration of practicing rural doctors; for those failing to pass the examination, the local administrative department for health of the people's government of the county level shall organize them to accept a second training and to have a second examination. Those who fail to receive the second training or to pass the second examination shall not apply for the registration of practicing rural doctors.
The training and examination mentioned in this section shall be completed within 6 months as of the implementation of the present Regulation.
   第十一条 对具有县级以上地方人民政府卫生行政主管部门颁发的乡村医生证书,但不符合本条例第十条规定条件的乡村医生,县级人民政府卫生行政主管部门应当进行有关预防、保健和一般医疗服务基本知识的培训,并根据省、自治区、直辖市人民政府卫生行政主管部门确定的考试内容、考试范围进行考试。
前款所指的乡村医生经培训并考试合格的,可以申请乡村医生执业注册;经培训但考试不合格的,县级人民政府卫生行政主管部门应当组织对其再次培训和考试。不参加再次培训或者再次考试仍不合格的,不得申请乡村医生执业注册。
本条所指的培训、考试,应当在本条例施行后6个月内完成。
Article 12 The persons who enter into the village medical and health institutions to engage in the services of disease prevention, health care and medical treatment from the day the present Regulation is promulgated shall be qualified practicing doctors or qualified assistant practicing doctors.
In the areas not meeting the requirements as provided for in the preceding paragraph, depending on the actual demands, the persons who have got the diploma of secondary medical specialty and other persons who have reached this level upon training are permitted to apply for the registration and to enter into the village medical care and heath institutions. The specific measures shall be formulated by the people's governments at the level of province, autonomous region or municipality directly under the Central Government.
   第十二条 本条例公布之日起进入村医疗卫生机构从事预防、保健和医疗服务的人员,应当具备执业医师资格或者执业助理医师资格。
不具备前款规定条件的地区,根据实际需要,可以允许具有中等医学专业学历的人员,或者经培训达到中等医学专业水平的其他人员申请执业注册,进入村医疗卫生机构执业。具体办法由省、自治区、直辖市人民政府制定。
Article 13 Where a person applies for engaging in medical practices in a village medical and health institution in accordance with the present Regulation, he shall file an application for registration with the administrative department for health of the local people's government of the county level upon the strength of the certification on planned employment issued by the village medical and health institution, and the relevant diploma certificate and certification.
The administrative department for health of the people's government of the county level shall complete the examination of an application within 15 days upon its receipt. If the applicant meets the requirements in the present Regulation, he shall be approved of registration and shall be issued a Rural Doctor Practice License; if he fails to meet the requirements in the present Regulation, he shall not be registered, and explanations shall be given in a written form.
   第十三条 符合本条例规定申请在村医疗卫生机构执业的人员,应当持村医疗卫生机构出具的拟聘用证明和相关学历证明、证书,向村医疗卫生机构所在地的县级人民政府卫生行政主管部门申请执业注册。
县级人民政府卫生行政主管部门应当自受理申请之日起15日内完成审核工作,对符合本条例规定条件的,准予执业注册,发给乡村医生执业证书;对不符合本条例规定条件的,不予注册,并书面说明理由。
Article 14 A rural doctor shall not be registered under any of the following circumstances:
   第十四条 乡村医生有下列情形之一的,不予注册:
(1) He doesn't have the complete civil capacity;
 (一)不具有完全民事行为能力的;
(2) He has been subject to a criminal punishment, and it is less than 2 years from the day of the completeness of the criminal punishment to the day when an application for medical practices registration is filed;
 (二)受刑事处罚,自刑罚执行完毕之日起至申请执业注册之日止不满2年的;
(3) He has been subject to the administrative sanction of revoking the Rural Doctor Practice License, and it is less than 2 years from the day when the administrative sanction is decided to the day when an application for medical practices registration is filed.
 (三)受吊销乡村医生执业证书行政处罚,自处罚决定之日起至申请执业注册之日止不满2年的。
Article 15 A rural doctor may not engage in the services of disease prevention, health care and general medical treatment in the village medical and health institution where he is employed unless he has obtained the practice license upon registration.
......
   第十五条 乡村医生经注册取得执业证书后,方可在聘用其执业的村医疗卫生机构从事预防、保健和一般医疗服务。
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