Area of Law : Administration of Foreign Doctors
Level of Authority : Departmental Rules
Date issued : 01-19-2016
Effective Date : 01-19-2016
Issuing Authority : National Health and Family Planning Commission (dissolved)
Status : Effective
Interim Measures for the Administration of Foreign Doctors' Temporary Practice of Medicine in China
(Adopted by the Order No. 24 of the National Health and Family Planning Commission on October 7, 1992, amended for the first time in accordance with the Notice of the Ministry of Health on Amending Article 18 of the Interim Administrative Measures for Foreign Doctors Temporarily Practicing Medicine in China on November 28, 2003 and amended for the second time in accordance with the Decision of the National Health and Family Planning Commission on Amending Eight Departmental Rules Including the Interim Measures for the Administration of Foreign Doctors' Temporary Practiceof Medicine in China on January 19, 2016)
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 National Health and Family Planning Commission.
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:
(2) specific projects;
(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 administrative department of health and family planning at city level or above.
Article 9 If the inviting or employing institutions are in different regions, applications should be made to administrative department of health and family planning 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 administrative department of health and family planning shall ban, confiscate illegal gains and impose a fine of up to 10,000 yuan. For inviting or employing institutions, the administrative department of health and family planning 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 If a foreign medical group temporarily practices medicine in China, the administrative department of health and family planning at the districted city level at the place where the entity inviting or cooperating with the group is located shall conduct approval in accordance with the relevant provisions of these Measures.
Article 18 Doctors or medical treatment organizations from Hong Kong, Macao and Taiwan shall be administered with reference to the present Measures.
The validity period for a permanent resident from Hong Kong or Macao, who is lawfully eligible to practice medicine in Hong Kong or Macao, to be registered to practice medicine on the short-term basis in the inland shall not exceed 3 years. If the registration period has expired and is necessary to be extended, he may apply for a second time for the registration of practicing medicine on the short-term basis.
Article 19 The National Health and Family Planning Commission shall be responsible for interpreting the measures.
Article 20 The measures shall be effective as of January 1, 1993.
(All information in this document is authentic in Chinese. English is provided for reference only. In case of any discrepancy, the Chinese version shall prevail.)