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December 25, 2012

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Regulations for foreign doctors practicing medicine in China

FOREIGN doctors practicing medicine in China refer to foreign doctors who have the legal right to practice medicine in their home country and have been invited, employed or applying to at most one year of clinical diagnosis and treatment in China.

China's Ministry of Health drafted the regulation to protect the legal rights of doctors and patients, promote exchanges and development of Chinese and foreign medical technology as well as regulate foreign doctors medical practices in China.

The regulation stipulates that foreign doctors must have the reasons and meet the requirements to practice medicine in China.

1. Foreign doctors must be invited or employed by at least one Chinese medical facility.

2. Foreign doctors must sign employment agreements with employer. If multiple employers exist, agreements should be signed separately. If the foreign doctors have reached an agreement with employers that they will not sign agreements and all the civil responsibilities will be shouldered by the facility who invited the doctor.

3. The agreements should have the following contents: purpose, specific project, work place, time and shouldering of responsibilities.

Foreign doctors practicing medicine in China must first get registered and obtain a short-term permit for foreign doctors practicing medicine.

Foreign doctors can entrust inviter or employer to do the registration on their behalf. The registration should be at health authorities of levels higher than cities with districts.

The registration requires the following documents: (1) application form, (2) diploma of foreign medicine institute, (3) medical practice certificate or document to prove the right to practice medicine, (4) health certificate of the foreign doctor, (5) local inviter or employer's proof document, agreements or the declaration of shouldering related civil responsibilities.

The item (2) and (3) should be verified by a notary. The registration's valid period should not exceed a year. If the registration needs to be extended, the foreign doctor should follow the regulation to submit the documents again.

Foreign doctors performing short-term medical practice should follow Chinese laws and regulations and respect Chinese tradition and culture.

Foreign doctors practicing medicine illegally without the permit will be banned by health authorities of levels higher than cities with districts. Illegal income will be confiscated and a fine of less than 10,000 yuan (US$ 1,599) will be issued.

The inviter, employer or the work unit providing the place for medical practice will receive a warning, have illegal income confiscated and receive a fine of up to 5,000 yuan. Foreign medical groups invited or applying to perform short term medical practices will be under approval process of the inviter or cooperative work unit's provincial, autonomous region and municipality's health authorities.

The approval should be reported to the Ministry of Health for final approval.

The Hong Kong Special Administrative Region or Macau Special Administrative Region permanent residents who have medical practice permits in their own region can apply for at most three years of short term medical practice registration. If the registration needs to be extended, they should submit the documents again.





 

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