The physician qualification examination discipline violation handling regulations (draft)" 
 
 
 
The national health and family planning commission of the People's Republic of China 
 

The 2014-04-28

 
        First, the drafting background 
 
        Physician qualification examination system is one of the practice YiShiFa determine the core of the system, is the main way physicians access in China. Involving hundreds of thousands of candidates of examination of doctors' qualifications, the examination quality of access to the physician team's quality and level, related to the medical service quality and medical safety, related to people's life and health. To make organization and implementation of physician qualification examination, according to the "professional YiShiFa" regulation, the former minister of the ministry of health in 1999 and are made to make printed and distributed to the interim measures for the examination of doctors' qualifications, among them with special chapter of physician qualification examination of main discipline violation behavior rules. For refinement discipline violations, and makes the punishment that accurate, standardized, orderly and operational, the ministry of health of doctors' qualifications examination committee in 1999 for issued the interim provisions on disciplinary treatment of examination of doctors' qualifications, however, due to the limitation of time and understanding, lack of discipline violations listed in the situation, the punishment is not strong enough, and determination, handler still owe specification etc., among them, the penalty methods including warning, informed criticism, only cancel unit qualification examination and cancel the qualification exam, etc. So the original ministry of health of doctors' qualifications examination committee in 2005 for the interim provisions on disciplinary treatment of examination of doctors' qualifications were revised, form the mishandling of examination of doctors' qualifications stipulation ", which increased the cancel the test scores, and 2 years to ban the rules of the test. With the improvement of science and technology and the development and change of the situation, some new disciplinary infractions appeared in succession. To deter violations of violations, increase the intensity of punishment, the ministry of health issued in 2008 the ministry of health on revising < interim measures of examination of doctors' qualifications > article 34 of the notice, will be a lifetime ban from clear written test, as a means of processing. In July 2009, after he issued "the ministry of health on clear of < interim measures > of examination of doctors' qualifications to participate in organized cheating case notice. But still lack of specific provisions such as the procedures, the handler. 
 
        Doctors' qualifications examination system since 1999 has been 15 years, people have already enter oneself for an examination, from more than 20 to 860000. Due to the examinee armies of examination of doctors' qualifications, at the same time, the continuous development of economy, society, science and technology level unceasing enhancement, present a big market need for cheating, cheating means increasingly advanced, is rampant cheating activities such as social phenomenon, exam discipline violation is extremely outstanding, test environment is very serious, need to make a standard issued regulations. Since the establishment of the national health and family planning commission, attaches great importance to the disciplinary violations processing work of examination of doctors' qualifications, drafted by the health ministry in the original "physician qualification examination discipline violation processing regulations (draft), on the basis of made a further modify the draft perfect, formed the current draft. 
 
        Second, the main content 
 
        According to the practice YiShiFa "and" interim measures for the examination of doctors' qualifications, according to based on facts and take law as the criterion, a penalty fairly, fair, respect and safeguard the rights and interests of the examinee and the principle of combining education with punishment, to crack down on, hierarchical classification processing, improve the operability and forward-looking guiding ideology, from the source to the end of the exam, systematic prevention, focusing on the aim of strengthening source sex prevention. In the mishandling of examination of doctors' qualifications stipulation ", based on the integration of the interim measures for the examination of doctors' qualifications relevant provisions of article 34, the drafting of the regulations. 28 the regulations will be divided into five chapters, the specific content is as follows: 
 
        (a) the general has been clear about the meaning of the purpose of formulating the regulations, the applicable scope, treatment principle and implementation of the main body. 
 
        (2) and the relevant personnel to the examinee cognizance and treatment of disciplinary violations. The examinee and the related staff disciplinary violations can be divided into four types, and according to the severity of the disciplinary violations respectively make "when the unit test (stand) test scores is invalid", "when the test result is invalid", "when the test result is invalid, and to give warning, two years must not enter oneself for an examination of doctors' qualifications" and "when the test result is invalid, lifetime may not enter oneself for an examination of doctors' qualifications". At the same time, the examination discipline violations, discovered after the exams, and instead of others or for cheating in an organized discipline violations of acknowledgment and dealing with the rules. The plot of this chapter disciplinary violations by reference to the "professional and technical personnel qualification exam discipline violations processing regulations of the People's Republic of China (human resources and social security ministry make no.12)", "national judicial examination indiscipline processing method the justice ministry make of the People's Republic of China (114)" and "civil servants employed examination discipline violations processing method" (human resources social security ministry make no. 4). 
 
        (3) for the test personnel and test of the determination and handling of disciplinary violations, "regulations" in the "examination staff" covers everything from the testing system to the results released during all staff involved in the management and service work of examination of doctors' qualifications. According to the requirement of the system from source code. At the same time, in view of the poor organization management examination, examination room confusion, serious discipline violations, the regulations of the cancel to test the provisions of the qualification examination. 
 
        (4) the disciplinary violations procedure to identify and deal with. Provisions and procedures shall be carried out in accordance with the relevant laws and regulations, for the record of disciplinary violations, and to inform the hearing, the administrative reconsideration, administrative proceedings to the rules, and the family planning administrative department of health under the different processing permissions were drawn. 
 
        (5) of this provision, interpretation, the term in the same rate management and enforcement of this regulation time and so on has carried on the rules. 
 
 
 
 
 
        Related links: national health and family planning commission about the physician qualification examination disciplinary violations processing regulations (draft) "public notification for advice