The first paragraph of Article 336 of the Criminal Law stipulates that a person who has not obtained the qualification for practicing medicine illegally practices medicine, and if the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, 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. According to the Judicial 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 Practice, it is a serious act to open a medical institution without approval and still practice medicine without a license after the second administrative punishment by the health administrative department, which constitutes the crime of illegal medical practice.
Article 44 of the Regulations on the Administration of Medical Institutions stipulates that anyone who violates the provisions of Article 24 of these regulations and practices without obtaining the Practice License of Medical Institutions shall be ordered by the health administrative department of the people's government at or above the county level to stop practicing, confiscate the illegal income, drugs and equipment, and may be fined 1000 yuan according to the circumstances.
The Provisions of the Ministry of Public Security of the Supreme People's Procuratorate on the Standards for Public Security Organs to Jurisdicte Criminal Cases for Filing and Prosecuting (I) stipulates: Article 57 If a person who has not obtained the qualification for practicing medicine illegally practices medicine and is suspected of one of the following circumstances, he shall file a case for prosecution:
(1) Causing mild disability or organ and tissue damage to patients, causing general dysfunction, or causing serious dysfunction or death due to moderate disability or organ and tissue damage;
(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 again after being punished twice by the health administrative department;
(five) other serious circumstances.
Second, how to punish practicing medicine without a license According to the provisions of Article 39 of the Law of People's Republic of China (PRC) on Medical Practitioners, medical institutions or non-doctors who practice medicine without approval shall be banned by the health administrative department of the people's government at or above the county level, their illegal income and their medicines and devices shall be confiscated, and a fine of 10 million yuan shall be imposed; Revoke the doctor's practice certificate; If it causes damage to the patient, it shall be liable for compensation according to law; If a crime is constituted, criminal responsibility shall be investigated according to law. According to the relevant provisions of the Criminal Law, a person who has not obtained the qualification of a medical practitioner illegally practices medicine, and if the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, 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. Whoever performs contraceptive recanalization surgery, fake contraceptive surgery, pregnancy termination surgery or intrauterine contraceptive ring removal surgery for others without obtaining the qualification of a doctor, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or control, and shall also, or shall 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.
3. What's the difference between practicing medicine without a license and practicing medicine illegally? Illegal medical practice refers to practicing medicine without passing the professional examination or obtaining the doctor's qualification certificate.
Illegal medical practice refers to practicing medicine beyond the scope of permission or in violation of relevant state laws and regulations, although holding the qualification of a doctor.
The above is the knowledge about which department should be responsible for practicing medicine without a license. I believe that through the above introduction, you will know more about which department should be in charge of unlicensed medical practice.