According to the Regulations on Investigating and Handling Unlicensed Medical Practice, both unlicensed medical practice and unlicensed medical practice belong to unlicensed medical practice, and there is no obvious difference between them.
Code for investigation and punishment of unlicensed medical practice
Article 2 This Code is applicable to the administrative law enforcement activities of local health and family planning administrative departments at or above the county level (including the administrative departments of traditional Chinese medicine, the same below) and their supervision and law enforcement agencies in accordance with laws, regulations and rules, to inspect the units and individuals that have set up medical institutions to practice medicine without approval within their jurisdiction, and to investigate their legal responsibilities according to law. Mainly includes the following unlicensed medical practice:
(a) to carry out medical activities without obtaining the "Practice License for Medical Institutions";
(2) using a forged or altered Practice License for Medical Institutions to carry out medical activities;
(three) the "Practice License of Medical Institutions" has been revoked, revoked or cancelled, and continues to carry out medical activities;
(four) the parties fail to apply for extension according to the provisions and the administrative department of health and family planning will not accept the extension or not, and continue to carry out medical activities after the expiration of the practice license of medical institutions;
(five) other unlicensed medical practices as prescribed by laws, regulations and rules.
Second, the top ten cases of illegal medical practice are popular.
1. It is illegal for a person who has not obtained the Doctor's Qualification Certificate and the Doctor's Practice Certificate to practice medicine;
2. If you open your own clinic, you must have a medical institution practice license.
3. There are also problems that he himself does not practice medicine according to the scope and place specified in the doctor's practice certificate. You are asked to see an internal medicine department, but you operate on the patient. You were asked to be in a hospital in Shanghai, but you went to a hospital in Beijing.
4. If you are doing CT, MRI, X-ray, B-ultrasound and electrocardiogram, you must also have a corresponding doctor's license and scope of practice, otherwise you can't declare it separately;
If he wants to be on duty alone in the ward, he must have the above certificate. There are many large hospitals where only interns and graduate students are on duty, but there is no practicing certificate, which is actually illegal medical practice;
6. If he doesn't work in township hospitals and village clinics, he can't see patients alone with his licensed assistant doctors.
7. There is only one nurse in the clinic without a doctor, which is also illegal to practice medicine;
Pay special attention to some so-called experts who go to acupoints and fly from big cities such as Beijing and Shanghai to small cities to operate on patients. If there is no proof of going out for consultation, it is actually illegal to practice medicine, and often you can earn thousands or even tens of thousands of yuan in one operation;
9. Distinguish whether you are doing medical plastic surgery or life beauty. If you cut into double eyelid surgery, it belongs to medical beauty, and the person who performs the operation must have a doctor's license;
10, many experts in medical advertisements basically practice medicine illegally, because the management measures of medical advertisements prohibit the use of experts for publicity, and the publicity expenses are actually paid by patients.
Third, the difference between the crime of illegal medical practice and the crime of medical accident.
The crime of illegal medical practice and the crime of medical accident are both crimes endangering public health, which may objectively cause the death of patients or seriously damage their health. Their differences are mainly as follows:
(1) is different objectively. The crime of illegal medical practice is objectively manifested as illegal medical practice in violation of national laws and regulations on medical management, and the circumstances are serious. The crime of medical malpractice is objectively manifested as the behavior of medical personnel who violate rules and regulations and are seriously irresponsible in the process of legal diagnosis and treatment, resulting in the death of patients or serious damage to their health.
(2) Different disciplines. The subject of the former is people who do not have the qualification of doctors, while the subject of the latter is medical personnel who have obtained the qualification of doctors.
(3) Subjective differences. The former's psychological attitude can be negligence or indirect intention to the consequences of the actor's death or serious damage to the health of patients, but it is direct intention to the behavior that violates the medical management system. The latter's psychological attitude towards causing serious adverse consequences can only be negligence.
The above knowledge is my opinion on "Is there a difference between practicing medicine without a license and practicing medicine without a license?" According to the "Code for Investigating and Handling Unlicensed Medical Practice", both unlicensed medical practice and unlicensed medical practice belong to unlicensed medical practice, and there is no obvious difference between them.