On the evening of December 19, the Supreme People's Court announced the latest revision of the Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Laws in the Trial of Criminal Cases of Illegal Medical Practices. The most notable change was the deletion of the original Article 1 and Item 2. "The individual has not obtained the " medical institution practice license" to open a medical institution" is a violation of the practice of medical practice. According to the principle that the law does not stipulate the law, this means that in the future, the individual is mainly a licensed medical practitioner to open a medical institution without permission. In practice, it mainly refers to the practice of a local medical practitioner outside the registered medical institution, or after the medical practitioner resigns, After leaving the post-employment and practicing in any place after retirement, even if you have not obtained the Medical Device License, you can no longer pursue criminal liability for illegal medical practice.
The modifications relative to the original interpretation are:
1. Delete the second item of Article 1 of the Interpretation.
2. Add one after the third article of the Interpretation as the fourth article of the revised Interpretation: "Illegal medical practice is the direct and main cause of the death of the patient, and shall be deemed to be Article 336 of the Criminal Law. The first paragraph stipulates 'caused the death of the visitor.'"
"Illegal medical practice is not the direct cause of the death of the patient. It may not be considered as 'causing the death of the visitor' as stipulated in the first paragraph of Article 336 of the Criminal Law. However, according to the circumstances of the case, it can be regarded as the Criminal Law. The "severe circumstances" specified in the first paragraph of Article 336."
3. Add a paragraph in Article 5 of the Interpretation as the first paragraph: “The medical activities referred to in this interpretation are 'medical activities', refer to the 'medical activities' in the Regulations for the Administration of Medical Institutions. Beauty 'identification.'
In the past judicial practice, it has been repeatedly exposed that practicing doctors or retired medical practitioners rent a house to see a doctor, or to see a doctor at home, and apply for a clinic license. The health administrative department uses the original "Illegal Medical Practice Judicial Solution", Article 1, Item 2 According to the case, the case of illegal medical practice was filed under the circumstance that “the individual did not obtain the “medical institution license†to open a medical institutionâ€, and the court was finally sentenced to the crime of illegal medical practice. This kind of judgment is obviously contrary to the legislative purpose of "illegal medical practice", because the criminal subject of illegal medical practice obviously refers to natural persons, mainly refers to people who have not obtained medical qualifications or other medical qualifications (such as village doctors and birth attendants). Engaging in medical behavior, because it does not have medical knowledge, will obviously endanger the health right of the medical practitioner. As for an individual operating a medical institution, as long as the medical institution is qualified as a medical practitioner, even if the medical institution does not have the permission of the health administrative department (the possibility of obtaining the license is extremely low), it does not increase the illegal medical practice. The risk of social harm, such as the conviction of the clinician for illegal medical practice, is obviously not in line with the legislative purpose of the “illegal practice†of the Criminal Law. The fundamental motivation is to use the criminal law weapon to combat social medical institutions, especially in the context of public hospitals. It is the starter of a private clinic.
In today's Internet context, many doctors or entrepreneurs are worried about whether it is legal to see a doctor online, to consult on an APP, to prescribe a prescription, and to open a knife in a different place. This is consistent with the question of whether it is legal to see a doctor at home. Today, the Supreme People's Court's amendment to the "Illegal Practice of Judicial Practice" solves the problems that the majority of doctors are worried about, conforms to the general trend of medical reform, and conforms to the trend of doctors practicing freely.
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