The disciplinary violations processing rules of examination of doctors' qualifications (national health and family planning commission to no. 4)
 
 
The national health and family planning commission of the People's Republic of China 
 
 
The 2014-08-18 

 
No. 4 national health and family planning commission 

The physician qualification examination discipline violation handling regulations on 7 July 2014, in the national health and family planning commission director committee meeting to discuss, is now promulgated, effective as of September 10, 2014.
 
The director of the Li bin
On August 10, 2014
ª¥ ª¥
The first chapter is always
ª¥
Article 1 in order to strengthen the management work of examination of doctors' qualifications, standardize the examination of doctors' qualifications and processing of disciplinary violations, security test fairness and justice, safeguard the legitimate rights and interests of the examinee and the staff, according to the professional medical practitioners law of the People's Republic of China (hereinafter referred to as "the professional medical practitioners law") and related laws and regulations, these provisions are formulated. ª¥
Article 2 these provisions shall apply to the examinee in the examination of doctors' qualifications, life topic, examination work personnel and other related personnel and test the cognizance of disciplinary violations and processing. ª¥
Article 3 the cognizance and treatment of exam discipline violations, shall be the facts clearly, accurate evidence, program specification and applicable regulations. ª¥
Article 4 the state health and family planning commission to be responsible for the examination of doctors' qualifications assessed and deal with the supervision and management of disciplinary violations. ª¥
Divided into districts or above the level of the family planning administrative department of health is responsible for the jurisdiction of disciplinary violations of examination of doctors' qualifications, processing, supervision and administration. ª¥
National medical examination center under the leadership of the state of health and family planning commission, to be responsible for the results of analysis and management of examination of doctors' qualifications, disciplinary infractions that guidance and information management, processing, and report to the national health and family planning commission of the nation's disciplinary violations related to work of examination of doctors' qualifications. ª¥
The state administration of traditional Chinese medicine TCM doctor qualification certification center (hereinafter referred to as the center of attestation of qualification of TCM doctor) according to the division of duties is responsible for the relevant work. ª¥
Ets, the examination examination agencies under the leadership of the family planning administrative department of public health at the same level, respectively responsible for the jurisdiction examination disciplinary violations, dealing with the specific implementation of related work.
ª¥ ª¥
The second chapter, the examinee and the related staff disciplinary violations identified and processing
ª¥
Article 5 the examinee has one of the following ACTS, when the unit or the test station test scores is invalid: ª¥
(a) the test after the starting signal, the outside of the specified position be seated and to take the test; ª¥
(2) enter the examination room, the note still not required to put rules objects in the specified location. 
(3) the test before the starting signal answer or continue to answer after conclusion of the test signal, the reminder is still not correct, ª¥
(4) do not require the use of test pen or paper answer, the reminder is still not correct,
(5) is not required in the test paper, paper (including sheet, similarly hereinafter) correct writing on my information, full filling the answer information or other information, marked by reminding is still not correct, ª¥
(6) the test start within 30 minutes, remind is still not on the papers to fill out personal information; ª¥
(7) in the process of examination, peep, whisper, mutual dozen sign or gestures, the reminder is still not correct, ª¥
(eight), without the prior permission of the test personnel to leave the seat or in the process of examination examination rooms; ª¥
(9) refused, hinder the test personnel management responsibilities; ª¥
(10) in the exam room or venue, within the scope of the prohibited noise, smoking or other ACTS of impact test order, by discouraging is still not correct, ª¥
(11) the same examination rooms, two subjective above answer the same questions when written, main fault point height consistent; ª¥
(12) at or above the provincial level health administrative departments of family planning regulations of other general disciplinary violations.
Article 6 the examinee has one of the following ACTS, the examination result is invalid: ª¥
(a) test, the starting signal was found to carry medical record content material; ª¥
(2) plagiarism or copying the answer or exam content related test information to help others; ª¥
(3) the tests, papers or involving the answer questions information materials out of the examination rooms; ª¥
(4) deliberately damaged paper, paper, or test equipment, materials; ª¥
(5) at or above the provincial level health administrative departments of family planning regulations of other serious disciplinary violations. ª¥
Article 7 the examinee has one of the following ACTS, the examination result is invalid, within 2 years must not enter oneself for an examination of doctors' qualifications: ª¥
(a) the test after the starting signal was found to carry electronic cheating tools;
(2) the papers, papers or force others to rob, steal others copy provides convenient for myself; ª¥
(3) within the scope of the examination room line transfer or exchange of examination paper, paper and other test related materials; ª¥
(4) refuses to obey the test staff management, intentionally disturbing the order of the examination room, marking takes place and so on examination work; ª¥
(5) and the test personnel conspire with; ª¥
(6) threats, insults, beating the test staff; ª¥
(7) by using fake documents, certificate and other false material application; ª¥
(8) fill in others the test identification information identifying information or paper; ª¥
(9) at or above the provincial level health administrative departments of family planning regulations of other serious disciplinary violations. ª¥
Article 8 the examinee has one of the following ACTS, organized as involved in cheating, the examination result is invalid, life must not enter oneself for an examination of doctors' qualifications: ª¥
(a) by someone else instead of to take the test; ª¥
(2) within the scope of the examination room cordon of external communication, transmission, sending or receiving the examination paper content or the answer; ª¥
(3) spreading rumors, disrupt the exam environment, cause serious adverse social impact. ª¥
(4) test illegally obtaining, hold, use, dissemination, questions or answers.
(5) specified by the family planning administrative department at or above the provincial level health organised cheating. ª¥
Article 9 after the examination found and identified the examinee have discipline violations, in accordance with the provisions for processing. ª¥
Article 10 the examinee exam results were obtained through the disciplinary violations and acquire the qualification of physician, physician's practice certificate, by issuing a certificate of the family planning administrative department of public health according to relevant laws and regulations for processing, revocation and withdraw his practicing certificate of doctors' qualifications certificate, physicians, and to co-ordinate. ª¥
Mind in students, teachers involved in cheating, organized by the family planning administrative departments of public health will be announced to the school, the situation by the school in accordance with the relevant regulations for processing. Cheat in school doctor organized students to participate in the circumstances are serious, life must not enter oneself for an examination of doctors' qualifications. ª¥
Physicians to participate in organized cheating, doctors' qualifications has been achieved but has not been registered, the family planning administrative department of health will not be registered. Physician's practice certificate has been registered, the registration of the family planning administrative department of public health in accordance with the law, cancel its practice registration, and withdraw his practicing certificate of doctors, and will no longer be registered. Have other discipline violations, the family planning administrative departments for public health shall be handled in accordance with the law. The progress of the family planning administrative department of public health on physician shall timely notify its place unit. ª¥
In addition to the examinee of other personnel to participate in organized to cheat, the family planning administrative department of public health shall be reported to the relevant department or unit, and suggested to give its corresponding punishment. ª¥
 
The third chapter life topic staff and the staff disciplinary violations of cognizance and processing
 
Article 11 life topic personnel shall have good political quality and character, with wins and appointment of the topic and classified positions required by the ability to work. ª¥
Life topic personnel shall perform the following confidentiality obligations: ª¥
(a) comply with the confidentiality laws and regulations and other relevant provisions of the state, the leakage of state secrets in any way the physician qualification examination papers, exam content; ª¥
Immediate family members, (2) for all interested parties to participate in the exam, should take the initiative to avoid, shall not participate in the life the topic and the group work; ª¥
(3) shall be subject to security education and training, to sign the "confidentiality undertaking";
(4) shall not participate in exam-oriented training and exam. ª¥
Article 12 life topic personnel has one of the following ACTS, national medical examination center or center of attestation of qualification of doctors should stop its take part in the work life topic, depending on the seriousness made or suggested his work unit to give corresponding punishment, from their life and topic jobs: ª¥
(a) illegally obtaining, hold a state secret carrier; ª¥
(2) buy and sell, transfer, or to the destruction of state secret carrier; ª¥
(3) by ordinary mail, express no confidentiality measures such as carrier channel state secrets; ª¥
(4) mailing, state secrets shall be checked carrier, or without the approval of the competent department concerned to carry, transfer state secret carrier out of the country; ª¥
(5) illegal copying, recording, storage state secrets; ª¥
(6) of state secrets shall be divulged in private contacts and communication; ª¥
(7) on the Internet and other public information network security measures shall be taken or not, the wired and wireless communications, transmission of state secrets; ª¥
(8) will be classified computer, classified storage devices connected to the Internet and other public information network; ª¥
(9) in classified information system and the exchange of information between the Internet and other public information network; ª¥
(10) the use of classified computer, not classified storage equipment storage, processing information of state secrets; ª¥
(11) to uninstall, modification of classified information system security technology procedures, management procedures; ª¥
(12) will be handled without security technology out of the classified using computer, classified storage devices give away, sell, abandoned or converted to other USES; ª¥
(13) to participate in and the related training work of examination of doctors' qualifications; ª¥
(14) without the approval of center of attestation of qualification of national medical examination center or illnesses, published in employment period involved in writing, the physician qualification examination of counselling and related information. ª¥
Article 13 the examination personnel shall fulfill its responsibilities seriously. In the management of exam organization, has one of the following ACTS, the examination institution shall stop the exam work, depending on the seriousness made or suggested his work unit to give corresponding punishment, and work out the test unit or post: ª¥
(a) for candidates or test staff providing false certificates, certificates, and modify the examinee archives (including electronic files) violations; ª¥
(2) of do STH without authorization changes examination time, place, or arrangement; ª¥
(3) because of work error, lead to some candidates failed to take the test on time, within its jurisdiction and cause bad social influence; ª¥
(4) suggested by hints or help examinee answer; ª¥
(5) without authorization will be questions and answers and exam content related materials out of the exam room or passed on to others; ª¥
(6) to steal, alter, test scores, or the exam examinee's answers she original recording materials; ª¥
(7) fail to custody, use and destruction test material; ª¥
(8) not earnestly perform their duties, be responsible for the standard test room the same rate of 60%; 
(9) a question paper grades due to review it roll personnel error, error test paper number account for its marking takes more than 1% of the total; ª¥
(10) with students or other personnel conspire to help during exam examinee implementation of disciplinary violations; ª¥
(11) has shall withdraw the examination work situations but to withhold; ª¥
(12) using the test work is convenient, bribes, bribery, or seek improper interests; ª¥
(13) framed or retaliate against the candidate or other test staff;
(14) at or above the provincial level health administrative departments of family planning regulations of other ACTS of violation of examination management. ª¥
Article 14 the examination site test staff seriously irresponsible, examination organization management confusion, outstanding discipline violations, criticized by the family planning administrative departments of public health, and to give a warning. ª¥
Examination site serious disciplinary violations, bad influence, by provincial family planning administrative department of public health to cancel the test examination qualifications, shall be ordered to make correction, and shall undertake the examination in two years' work, and shall be investigated for the responsibility of the relevant management personnel. ª¥
Article 15 in addition to the examination personnel, other relevant personnel have interference test behavior, the family planning administrative department of health or examination institution shall suggest to the relevant units to give corresponding administrative sanctions. ª¥ ª¥
 
The fourth chapter the cognizance of disciplinary violations and handler
ª¥
Article 16 found in the process of examination staff on disciplinary violations should be corrected in time, and take necessary measures to collect, preserve evidence disciplinary violations. ª¥
Discipline violations, discovered in the process of examination shall jointly by two more test staff fill in the unified national style of the disciplinary violations record of examination of doctors' qualifications. Record sheet content including: disciplinary violations fact, plot and field processing. Complete and fill in record sheet, after examined and signed by the examination personnel, should enter oneself for an examination, the sign that point in time. Test personnel shall truthfully will record the content and the comments of the quasi told is processed. ª¥
Clear, evidence to the fact of discipline violations, the family planning administrative department of health shall make a decision in a timely manner, and issue a unified national style of the settlement for disciplinary violations of examination of doctors' qualifications, and timely delivery are processed according to the requirement or its place unit. ª¥
Article 17 the examination site examination agencies responsible for summary test sites for the testing discipline violations, and timely submit the examination site is located districts municipal family planning administrative department of public health.
Article 18 the discipline violations, the examinee of the decision made by districts municipal family planning administrative department of public health. In addition to the unit or standing exam achievement is invalid, the exam results invalid decision, divided into districts of the city after other treatment decision making, the family planning administrative department of public health shall, within 15 days from the date of disposal decision submitted to the provincial health administrative departments of family planning for the record. To find misconduct decision, provincial family planning administrative department of public health shall, within 30 days from the date of receiving the record filing materials to investigate and correct, may also ask the family planning administrative department of public health to investigate the level of district-constituted municipalities.
Article 19 above the level of district-constituted municipalities family planning administrative department of public health shall strengthen the supervision and administration of the examination, the examination room, there are situations specified in article 13 and article 14 and if the circumstances are serious, can be directly involved in the investigation and handling, and relevant information will report to the national health and family planning commission, at the same time cc or TCM doctor qualification certification center national medical examination center. ª¥
Article 20 life topic, examination work personnel in the testing system, the examination room, in the process of examination and evaluation are in violation of the provisions of this act, head of center of attestation of qualification of national medical examination center or illnesses, the examination site moderator, head of the evaluation should suspend its work, and submitted to the family planning administrative department of public health in accordance with these regulations. ª¥
Article 21 the family planning administrative department of public health to make treatment decisions, shall timely inform the intends to make a decision on the processing of people being handled. ª¥
Treated people discipline violations, family planning administrative departments of health of facts or intends to make a decision on the processing of disputes, has the right to present a statement and defend. ª¥
Treated people not satisfied with the decision, he may apply for administrative reconsideration or institute an administrative lawsuit. ª¥
Article 22 the ets test institutions shall be established in provincial family planning administrative departments for public health under the guidance of national physician qualification exam examinee credit archives, records, retention, and to the national medical examination center to provide discipline violations, the examinee in the examination of doctors' qualification of the relevant information. ª¥
Ets examination institution shall collect the cognizance of the jurisdiction examination disciplinary violations and processing conditions, were submitted to the provincial family planning administrative department of public health and the national medical examination center, by the national medical examination center into the examinee to manage personal information.
ª¥ ª¥
The fifth chapter is ª¥
 
Article 23 the examinee, life topic, examination work personnel and other relevant personnel in violation of these provisions to constitute a crime, shall be investigated for criminal responsibility according to law. ª¥
Article 24 the provisions in the meaning of the following terms: ª¥
When the exam, refers to the examinee that year from signing up for examination of doctors' qualification examination to complete the whole process of all test content. ª¥
Stand or exam units, carries on the practice skills or medical examination refers to the comprehensive written test, will be divided into different stages of the exam. Referred to as the practical skills test station, medical comprehensive written called test unit. ª¥
Examinee, is refers to according to the professional medical practitioners law and the national health and family planning commission formulate measures for the examination of personnel for the examination of doctors' qualifications. ª¥
Life topic, proposition refers to participate in the examination of doctors' qualifications, the topic, the group of experts and staff. ª¥
Test staff, it is to point to participate in the examination of doctors' qualifications examination management, grading the work volume and testing service. ª¥
Examination institutions "refers to the family planning administrative department of public health at all levels specified in the unit is responsible for the examination of doctors' qualifications examination work. ª¥
Ets and the examination site, it is to point to to the physician qualification examination examination management designated management area. Ets refers to the provinces, autonomous regions and municipalities directly under the central government the area; Examination refers to the ground, or city divided into districts the area. ª¥
The examination room, refers to the specific implementation of examination of doctors' qualifications, generally refers to the school, hospital, etc. ª¥
Test chamber, in implementation of physician qualification examination refers to the examination room independent area, such as classroom, office, etc.
Article 25 the provisions shall enter into force as of September 10, 2014.