KYB CHINA(2000年9月14日中华人民共和国国务院、中华人民共和国中央军事委员会令第290号公布 自公布之日起施行)
(Promulgated by Decree No. 290 of the State Council of the People's Republic of China and the Central Military Commission of the People's Republic of China on September 14, 2000, and effective as of the date of promulgation)
根据《中华人民共和国执业医师法》(以下简称《执业医师法》)的规定，制定本办法。
These Measures are formulated in accordance with the provisions of the Law of the People's Republic of China on Licensed Physicians (hereinafter referred to as the Licensed Physician Law).
军队的医师工作由中国人民解放军总政治部、总后勤部主管。
The work of physicians in the military shall be under the charge of the General Political Department and the General Logistics Department of the Chinese People's Liberation Army.
军队各级政治机关、后勤(联勤)机关按照职责分工，负责本级医师的管理工作。
The political departments and logistics (joint logistics) departments at all levels in the military shall, in accordance with their respective functions and duties, be responsible for the management of physicians at their corresponding levels.
本办法所称医师，包括执业医师和执业助理医师。
The term "physicians" as used in these Measures includes licensed physicians and licensed assistant physicians.
军队人员具有《执业医师法》第九条、第十条规定的条件的，可以参加医师资格考试。
Military personnel who meet the conditions set forth in Articles 9 and 10 of the Licensed Physician Law may take the physician qualification examination.
军队参加医师资格考试的人员，应当在规定的时间内向所在单位报名，填写军队人员医师资格考试报名表。经军队团级以上单位政治机关干部部门和后勤(联勤)机关卫生部门或者团级以上医疗、预防、保健机构医务部门和政治部门审核符合条件的，由团级以上单位后勤(联勤)机关卫生部门或者团级以上医疗、预防、保健机构的医务部门，到所在地县级以上人民政府卫生行政部门集体办理报名手续，并组织参加医师资格考试。
Military personnel taking the physician qualification examination shall register with their unit within the prescribed time limit and fill out the military personnel physician qualification examination registration form. After examination and verification by the political department's cadre division and the logistics (joint logistics) department's health division at or above the regiment level, or by the medical department and political department of a medical, prevention, or healthcare institution at or above the regiment level, those who meet the conditions shall have their registration procedures collectively handled by the logistics (joint logistics) department's health division at or above the regiment level, or by the medical department of a medical, prevention, or healthcare institution at or above the regiment level, with the health administrative department of the local people's government at or above the county level, and shall be organized to take the physician qualification examination.
军队参加医师资格考试人员的实践技能考试，由总部、军兵种、军区以及其他相当等级的单位(以下简称军区级单位)政治机关干部部门、后勤(联勤)机关卫生部门组织实施。
The practical skills examination for military personnel taking the physician qualification examination shall be organized and implemented by the political department's cadre division and the logistics (joint logistics) department's health division of the headquarters, branches of the armed forces, military regions, and other units of equivalent level (hereinafter referred to as military region-level units).
军队人员的医师资格考试成绩和有关考试信息由国务院卫生行政部门通报总后勤部卫生部。
The physician qualification examination results and relevant examination information of military personnel shall be notified by the health administrative department of the State Council to the Health Department of the General Logistics Department.
总政治部干部部、总后勤部卫生部依据国务院卫生行政部门确定的医师资格考试合格分数线和军队人员实践技能考试成绩，确定军队参加医师资格考试成绩合格的人员名单，并通知参加考试人员所在的军区级单位政治机关干部部门、后勤(联勤)机关卫生部门。
The Cadre Department of the General Political Department and the Health Department of the General Logistics Department shall, based on the passing score line for the physician qualification examination determined by the health administrative department of the State Council and the practical skills examination results of military personnel, determine the list of military personnel who have passed the physician qualification examination, and notify the political department's cadre division and the logistics (joint logistics) department's health division of the military region-level unit to which the examinees belong.
军区级单位后勤(联勤)机关卫生部门依据总政治部干部部、总后勤部卫生部通知的名单，为医师资格考试成绩合格的军队人员核发国务院卫生行政部门规定的医师资格证书。
The logistics (joint logistics) department's health division of the military region-level unit shall, based on the list notified by the Cadre Department of the General Political Department and the Health Department of the General Logistics Department, issue the physician qualification certificate prescribed by the health administrative department of the State Council to the military personnel who have passed the physician qualification examination.
取得医师资格的军队医师，可以向所在军区级单位政治机关干部部门和后勤(联勤)机关卫生部门申请医师执业注册。
Military physicians who have obtained physician qualifications may apply for physician practice registration to the political department's cadre division and the logistics (joint logistics) department's health division of the military region-level unit to which they belong.
申请医师执业注册的军队医师应当填写军队医师执业注册申请表，由团级以上单位后勤(联勤)机关卫生部门或者团级以上医疗、预防、保健机构的医务部门逐级上报至军区级单位后勤(联勤)机关卫生部门，由军区级单位政治机关干部部门和后勤(联勤)机关卫生部门共同审核。
Military physicians applying for physician practice registration shall fill out the military physician practice registration application form, which shall be submitted level by level by the logistics (joint logistics) department's health division at or above the regiment level, or by the medical department of a medical, prevention, or healthcare institution at or above the regiment level, to the logistics (joint logistics) department's health division of the military region-level unit, and shall be jointly examined and verified by the political department's cadre division and the logistics (joint logistics) department's health division of the military region-level unit.
军队医疗、预防、保健机构可以为本机构中的医师集体办理注册手续。
Military medical, prevention, and healthcare institutions may handle registration procedures collectively for physicians in their institutions.
除有《执业医师法》第十五条规定的情形外，军区级单位政治机关干部部门和后勤(联勤)机关卫生部门应当自收到申请之日起30日内准予注册，并由军区级单位后勤(联勤)机关卫生部门发给总政治部干部部、总后勤部卫生部统一印制的军队医师执业证书。
Except for circumstances specified in Article 15 of the Licensed Physician Law, the political department's cadre division and the logistics (joint logistics) department's health division of the military region-level unit shall approve the registration within 30 days from the date of receiving the application, and the logistics (joint logistics) department's health division of the military region-level unit shall issue the military physician practice certificate uniformly printed by the Cadre Department of the General Political Department and the Health Department of the General Logistics Department.
经审核不符合注册条件不予注册的，受理注册的军区级单位后勤(联勤)机关卫生部门应当书面通知申请人所在单位的后勤(联勤)机关卫生部门或者团级以上医疗、预防、保健机构的医务部门，并说明理由。
If registration is not approved due to failure to meet the conditions after examination, the logistics (joint logistics) department's health division of the military region-level unit that accepted the registration shall notify in writing the logistics (joint logistics) department's health division of the applicant's unit or the medical department of the medical, prevention, or healthcare institution at or above the regiment level, and state the reasons.
未经执业注册取得军队医师执业证书的，不得在军队从事医师执业活动。
No person who has not obtained a military physician practice certificate through practice registration may engage in physician practice activities in the military.
军队有任免权的单位对未取得军队医师执业证书的人员，不得任命卫生专业技术职务。
Units in the military with appointment and removal authority shall not appoint health professional technical positions to personnel who have not obtained a military physician practice certificate.
军队医师注册后有《执业医师法》第十六条所列情形之一或者下列情形之一的，所在单位应当在30日内报告准予注册的机关，由该机关注销注册并收回军队医师执业证书：
If a military physician has any of the circumstances listed in Article 16 of the Licensed Physician Law after registration, or any of the following circumstances, the unit to which he belongs shall report to the authority that approved the registration within 30 days, and the authority shall cancel the registration and retrieve the military physician practice certificate:
(一)受开除军籍或者除名处分的；
(1) Having been subjected to the sanction of expulsion from military status or removal from military service;
(二)转业、复员以及离休、退休后移交地方人民政府安置，不再继续从事医疗、预防、保健业务的；
(2) Having been transferred to civilian work, demobilized, or having retired and been placed by the local people's government, and no longer continuing to engage in medical, prevention, or healthcare services;
(三)有军队规定不宜从事医疗、预防、保健业务的其他情形的。
(3) Having other circumstances as prescribed by the military that are unsuitable for engaging in medical, prevention, or healthcare services.
军队医师在军区级单位内变动执业类别和执业范围的，应当到准予注册的机关办理变更注册手续。
If a military physician changes the practice category or practice scope within a military region-level unit, he shall go through the change registration procedures with the authority that approved the registration.
军队医师在军区级单位之间变动执业地点、执业类别和执业范围的，应当持原准予注册机关出具的证明，在新的单位依照本办法第五条的规定申请办理变更注册手续。
If a military physician changes the practice location, practice category, or practice scope between military region-level units, he shall, with the certificate issued by the original authority that approved the registration, apply for change registration procedures in the new unit in accordance with the provisions of Article 5 of these Measures.
军队医师转业、复员以及离休、退休后由地方人民政府安置并继续从事医疗、预防、保健业务的，应当交回军队医师执业证书，并持军队原准予注册的机关出具的证明，到所在地县级以上人民政府卫生行政部门申请办理变更注册手续，领取医师执业证书。
If a military physician is transferred to civilian work, demobilized, or retired and placed by the local people's government and continues to engage in medical, prevention, or healthcare services, he shall return the military physician practice certificate and, with the certificate issued by the original military authority that approved the registration, apply for change registration procedures with the health administrative department of the local people's government at or above the county level, and obtain a physician practice certificate.
地方医师入伍后继续从事医疗、预防、保健业务的，应当交回医师执业证书，并持地方原准予注册的机关出具的证明，到所在军区级单位后勤(联勤)机关卫生部门申请办理变更注册手续，领取军队医师执业证书。
Where a local physician, after joining the military, continues to engage in medical treatment, prevention, or health care services, he shall return his physician practice certificate and, holding the certificate issued by the original local registration authority, apply to the health department of the logistics (joint logistics) organ of the military region level unit for change of registration procedures, and obtain a military physician practice certificate.
军区级单位政治机关干部部门和后勤(联勤)机关卫生部门应当于每年十二月底以前向总政治部干部部、总后勤部卫生部报告当年军队医师准予注册、注销注册和变更注册的有关情况。
The cadre department of the political organ and the health department of the logistics (joint logistics) organ of the military region level unit shall, before the end of December each year, report to the Cadre Department of the General Political Department and the Health Department of the General Logistics Department on the relevant circumstances of the approval of registration, cancellation of registration, and change of registration of military physicians for that year.
军队医师除应当履行《执业医师法》第二十二条规定的义务外，还应当履行下列义务：
In addition to fulfilling the obligations specified in Article 22 of the Licensed Physician Law, military physicians shall also fulfill the following obligations:
(一)服从命令，听从指挥；
(1) Obey orders and follow commands;
(二)履行军队医师职责，尽心尽责地为部队服务，为伤病员服务；
(2) Fulfill the duties of a military physician, serving the troops and the sick and wounded with utmost dedication;
(三)学习平时、战时卫生勤务和卫生防疫知识，提高战伤救治技术水平，完成平时、战时卫生勤务保障任务；
(3) Study peacetime and wartime health service and health epidemic prevention knowledge, improve technical proficiency in war wound treatment, and complete peacetime and wartime health service support tasks;
(四)指导部队开展战伤救治训练，对军队人员进行健康教育。
(4) Guide the troops in conducting war wound treatment training and provide health education to military personnel.
军队医师不得有下列行为：
Military physicians shall not engage in the following acts:
(一)拒诊、拒治伤病员；
(1) Refusing to diagnose or treat the sick or wounded;
(二)向伤病员或者其家属推销药品、医疗保健器械；
(2) Selling medicines or medical and health care devices to the sick or wounded or their family members;
(三)开展以牟利为目的的私人诊疗活动；
(3) Conducting private diagnosis and treatment activities for the purpose of profit;
(四)以军队医师身份做医疗广告；
(4) Using the identity of a military physician to make medical advertisements;
(五)损害军队形象或者伤病员利益的其他行为。
(5) Other acts that harm the image of the military or the interests of the sick or wounded.
军队医师的考核和培训由军区级单位政治机关干部部门、后勤(联勤)机关卫生部门，按照《执业医师法》和军队的有关规定组织实施。
The assessment and training of military physicians shall be organized and implemented by the cadre department of the political organ and the health department of the logistics (joint logistics) organ of the military region level unit, in accordance with the Licensed Physician Law and relevant military regulations.
军队医师有下列情形之一的，依照《中国人民解放军纪律条令》的有关规定，给予表彰或者奖励：
Where a military physician falls under any of the following circumstances, he shall be commended or rewarded in accordance with the relevant provisions of the Regulations of the Chinese People's Liberation Army on Discipline:
(一)在执业活动中医德高尚，为部队服务、为伤病员服务，事迹突出的；
(1) Having noble medical ethics in practice, serving the troops and the sick and wounded, with outstanding deeds;
(二)热爱临床工作，医术精湛，完成医疗救治任务，成绩突出的；
(2) Being devoted to clinical work, having superb medical skills, and achieving outstanding results in completing medical treatment tasks;
(三)在战场救护中不怕流血牺牲，完成任务出色的；
(3) Not fearing bloodshed or sacrifice in battlefield rescue, and completing tasks excellently;
(四)遇有自然灾害、传染病流行、突发重大伤亡事故及其他严重威胁军队人员和人民生命健康的紧急情况时，救死扶伤表现突出的；
(4) Demonstrating outstanding performance in saving the dying and healing the wounded during natural disasters, infectious disease epidemics, sudden major casualty accidents, or other emergencies that seriously threaten the lives and health of military personnel and the people;
(五)长期在边远、艰苦的基层单位或者条件艰苦的岗位努力工作，做出显著贡献的；
(5) Working hard for a long time in remote, difficult grassroots units or in harsh conditions, making significant contributions;
(六)对医学科学技术研究有重大突破的；
(6) Making major breakthroughs in medical science and technology research;
(七)有国家和军队规定应当予以表彰或者奖励的其他情形的。
(7) Other circumstances for which commendation or reward is provided by the state or the military.
军队人员以不正当手段取得医师执业证书的，由军队发给证书的部门予以吊销；对负有直接责任的主管人员和其他直接责任人员，依照《中国人民解放军纪律条令》的有关规定，给予处分。
Where a military person obtains a physician practice certificate by improper means, the military department that issued the certificate shall revoke it; the directly responsible supervisors and other directly responsible persons shall be given sanctions in accordance with the relevant provisions of the Regulations of the Chinese People's Liberation Army on Discipline.
军队医师有《执业医师法》第三十七条所列行为之一或者下列行为之一的，依照《中国人民解放军纪律条令》的有关规定，给予处分，军队团级以上单位后勤(联勤)机关卫生部门并可以责令暂停六个月以上一年以下执业活动；情节严重的，吊销执业证书；构成犯罪的，依法追究刑事责任：
Where a military physician commits any of the acts listed in Article 37 of the Licensed Physician Law or any of the following acts, he shall be given sanctions in accordance with the relevant provisions of the Regulations of the Chinese People's Liberation Army on Discipline; the health department of the logistics (joint logistics) organ of the military unit at or above the regiment level may also order a suspension of practice for not less than six months but not more than one year; if the circumstances are serious, the practice certificate shall be revoked; if a crime is constituted, criminal liability shall be pursued according to law:
(一)拒诊、拒治伤病员的；
(1) Refusing to diagnose or treat the sick or wounded;
(二)利用职务之便，索取、收受伤病员财物，向伤病员或者其家属推销药品和医疗保健器械，以及牟取其他不正当利益的；
(2) Taking advantage of one's position to solicit or accept property from patients, promote drugs and medical devices to patients or their family members, or seek other illegitimate benefits;
(三)擅自开展行医活动，利用媒体做医疗广告，造成恶劣影响的；
(3) Engaging in medical practice without authorization, using media for medical advertising, causing adverse effects;
(四)发生自然灾害、传染病流行、突发重大伤亡事故及其他严重威胁军队人员和人民生命健康的紧急情况时，不服从命令的；
(4) Disobeying orders during natural disasters, epidemic outbreaks, sudden major accidents, or other emergencies threatening the lives and health of military personnel and the people;
(五)违反国家和军队规定，给伤病员造成其他严重损害的。
(5) Violating state or military regulations, causing other serious harm to patients.
军队医师在医疗、预防、保健工作中造成事故的，依照法律或者国家和军队的有关规定处理。
If a military physician causes an accident in medical treatment, prevention, or health care, it shall be handled in accordance with the law or relevant state and military regulations.
军队人员非医师行医的，依照《中国人民解放军纪律条令》的有关规定，给予处分；给患者造成损害的，依法承担赔偿责任；构成犯罪的，依法追究刑事责任。
If a military personnel practices medicine without a license, they shall be punished in accordance with the relevant provisions of the Regulations of the Chinese People's Liberation Army on Discipline; if harm is caused to the patient, they shall bear compensation liability according to law; if a crime is constituted, criminal liability shall be pursued according to law.
1998年6月26日《执业医师法》公布前按照国家和军队有关规定取得卫生专业技术职务的军队人员，由所在团级以上单位政治机关干部部门、后勤(联勤)机关卫生部门或者团级以上医疗、预防、保健机构医务部门和政治部门报军区级单位政治机关干部部门、后勤(联勤)机关卫生部门认定，取得相应的医师资格。其中仍在军队医疗、预防、保健机构或者岗位从事医疗、预防、保健业务的医师，依照《执业医师法》和本办法的有关规定，由所在团级单位集体核报军区级单位政治机关干部部门、后勤(联勤)机关卫生部门，予以注册并发给军队医师执业证书。
For military personnel who obtained health professional technical positions in accordance with state and military regulations before the promulgation of the Licensed Physician Law on June 26, 1998, the political organ cadre department and logistics (joint logistics) organ health department at the regiment level or above, or the medical department and political department of medical, prevention, and health care institutions at the regiment level or above, shall report to the political organ cadre department and logistics (joint logistics) organ health department at the military region level for recognition to obtain corresponding physician qualifications. Among them, physicians who are still engaged in medical treatment, prevention, or health care in military medical, prevention, or health care institutions or positions shall, in accordance with the Licensed Physician Law and these Measures, be collectively reported by the regiment-level unit to the political organ cadre department and logistics (joint logistics) organ health department at the military region level for registration and issuance of a military physician practice certificate.
在军队基层单位从事预防、保健和一般医疗服务的卫生员，由总后勤部另行制定管理办法。
For health workers engaged in prevention, health care, and general medical services at the grassroots level of the military, the General Logistics Department shall separately formulate management measures.
军队医疗、预防、保健机构聘用地方医师，必须经军区级单位后勤(联勤)机关卫生部门审核。所聘用人员必须依法取得医师资格，经聘用单位出具证明，到原执业注册的卫生行政部门办理变更执业注册手续，交回原医师执业证书，由军区级单位后勤(联勤)机关卫生部门办理执业注册手续。
If a military medical, prevention, or health care institution employs a civilian physician, it must be reviewed by the logistics (joint logistics) organ health department at the military region level. The employed person must have obtained physician qualifications according to law, and with a certificate issued by the employing unit, go through the procedures for changing the practice registration at the original practice registration health administrative department, return the original physician practice certificate, and go through the practice registration procedures at the logistics (joint logistics) organ health department at the military region level.
未经批准擅自聘用地方医师或者非医师行医的，依照《中国人民解放军纪律条令》的有关规定，对聘用单位负有直接责任的主管人员和其他直接责任人员给予处分。所聘用的地方非医师由县级以上地方人民政府卫生行政部门依法处罚；给患者造成损害的，依法承担赔偿责任；构成犯罪的，依法追究刑事责任。
If a civilian physician is employed without approval or a non-physician practices medicine, in accordance with the relevant provisions of the Regulations of the Chinese People's Liberation Army on Discipline, the directly responsible supervisors and other directly responsible personnel of the employing unit shall be punished. The employed civilian non-physician shall be punished by the health administrative department of the local people's government at or above the county level according to law; if harm is caused to the patient, compensation liability shall be borne according to law; if a crime is constituted, criminal liability shall be pursued according to law.
中国人民武装警察部队的医师工作适用本办法。
These Measures apply to the physician work of the Chinese People's Armed Police Force.
本办法自公布之日起施行。
These Measures shall come into force on the date of promulgation.