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Administration of foreign doctors

     

    Article 1

    These measures are formulated for the purpose of strengthening the management of foreign doctors practicing medicine in the People’s Republic of China for short terms, protecting the legitimate rights and interests of both foreign doctors and patients in China, and promoting the exchange and development of Chinese and foreign medical technology.

    Article 2

    The term“foreign doctors practicing medicine in China for short terms”refers to the foreign doctors with legal rights to practice in a foreign country who are invited, or employed, or apply for practicing clinical diagnosis or medical treatment for not more than one year in China.

    Article 3

    The foreign doctors practicing medicine in China must obtain“permit for foreign doctors to practice medicine for short term.”

    “Permit for foreign doctors to practice medicine for short term”shall be printed uniformly by the Ministry of Health.

    Article 4

    Foreign doctors who practice medicine in China for a short term must be invited or employed by medical institutions in China. The number of inviting or employing institution can be one or more than one.

    Article 5

    The foreign doctors who apply for short-term medicine practice in China must sign an agreement with the employing institution(s) according to the interim measures. If there are more than one employing institutions, agreements should be signed with all institutions.

    For foreign doctors who are invited or employed for short-term practice in China, both parties can decide whether to sign an agreement or not. If two parties decide that no agreement be signed, the inviting or employing institution should bear the civil liabilities.

    Article 6

    The agreement of foreign doctors practicing medicine in China for a short term must include the following information:

    (1) purpose;

    (2) specific projects;

    (3) location;

    (4) time;

    (5) liability division.

    Article 7

    Foreign doctors can consign the inviting or employing institution to register on their behalf.

    Article 8

    The registration department for foreign doctors practicing medicine in China for a short term is the health administration departments at city level or above.

    Article 9

    If the inviting or employing institutions are in different regions, applications should be made to health administrative departments of the cities or above level.

    Article 10

    The following documents must be submitted for foreign doctors to register to practice medicine for a short term in China:

    (1) application letter;

    (2) degree certificate of foreign doctor;

    (3) doctor license or medical practice proof;

    (4) health proof for foreign doctor;

    (5) certificate and agreement or liability claim from inviting or employing institution(s).

    In the preceding article, item (2) and (3) must be notarized.

    Article 11

    Registration authorities shall review within 30 days after accepting the application, and inform the applicant or applying institution of the result in writing. Registration shall be granted to the approved applicant, and a“Permit for foreign doctor to practice medicine for short term”should be issued.

    Main contents to be reviewed include:

    (1) the authenticity of text materials;

    (2) the safety and reliability of the application;

    (3) the advanced nature and necessity of application.

     

    Article 12

    The effective period for short-term foreign doctors practicing permit in China should not exceed one year.

    If the permit needs to be renewed upon expiry, a new registration should be applied according to the measures.

    Article 13

    The foreign doctors practicing medicine in China for short terms should obtain entry visas. After entry the foreign doctors should apply for residence or stay permits.

    Article 14

    Foreign doctors practicing medicine in China must obey Chinese laws and regulations and respect Chinese customs.

    Article 15

    For violation of the measure under Article 3, the local city-level or above health administrative departments shall ban, confiscate illegal gains and impose a fine of up to 10,000 yuan. For inviting or employing institutions, the health administrative departments should give a warning notice, confiscate all illegal gains and impose a fine of up to 5,000 yuan.

    Article 16

    For violation of the measure under article 14, relative government authorities should treat them according to law.

    Article 17

    For foreign medical groups invited to or apply for short-term medicine practice in China, the health administrative departments of the province, autonomous region or municipality where the inviting or cooperation institution is located should review application according to relevant regulations and report to the Ministry of Health for approval.

    Article 18

    For doctors and medical groups from Hong Kong, Macao or Taiwan, the interim measures apply.

    Article 19

    The Ministry of Health shall be responsible for interpreting the measures.

    Article 20

    The measures shall be effective as of January 1, 1993.