What are the penalties for practicing Chinese medicine without a license?
In recent years, the problem of Chinese medicine practitioners practicing medicine without a license has repeatedly attracted public attention. With the implementation of the Traditional Chinese Medicine Law and the strengthening of supervision, relevant departments have become increasingly strict in cracking down on unlicensed medical practices. This article will combine the hot topics and hot content on the Internet in the past 10 days to discuss the legal consequences and punitive measures of Chinese medicine practitioners practicing medicine without a license, and provide structured data for readers to understand clearly.
1. Legal basis for traditional Chinese medicine to practice medicine without a license
According to the "Traditional Chinese Medicine Law of the People's Republic of China" and the "Law of the People's Republic of China on Practicing Physicians", those engaged in traditional Chinese medicine diagnosis and treatment activities must obtain corresponding professional qualifications. Practicing medicine without a license is illegal and will be punished by law. The following are the main contents of relevant legal provisions:
| legal name | Related terms | Punishment content |
|---|---|---|
| "Traditional Chinese Medicine Law" | Article 59 | Anyone who engages in traditional Chinese medicine diagnosis and treatment activities without permission will be ordered to stop practicing by the competent department of traditional Chinese medicine, confiscate the illegal income, and impose a fine of not less than 1 time but not more than 5 times the illegal income. |
| "Practicing Medical Practitioners Law" | Article 39 | Anyone who illegally practices medicine without obtaining a medical qualification and the circumstances are serious may be sentenced to fixed-term imprisonment of not more than three years, criminal detention or surveillance, and may also be fined or alone. |
2. Common punishments for TCM practitioners practicing medicine without a license
According to local law enforcement cases, penalties for practicing medicine without a license mainly include the following forms:
| Penalty type | Specific measures | Applicable situations |
|---|---|---|
| administrative penalty | Fines, confiscation of illegal gains, and orders to suspend business | The circumstances were minor and no serious consequences were caused |
| criminal penalties | imprisonment, fine | Serious circumstances, such as causing disability or death |
| Industry prohibited | Blacklisted and prohibited from engaging in the medical industry | Repeated violations of the law or causing adverse effects |
3. Recent hot cases
In the past 10 days, typical cases of Chinese medicine practicing medicine without a license have been exposed in many places. The following is a summary of some cases:
| area | Case details | Penalty result |
|---|---|---|
| Guangdong | A Chinese medicine clinic operates without a license and falsely promotes its curative effects | Fined 50,000 yuan and ordered to suspend business |
| Zhejiang | An individual practicing medicine without a license causes the patient's condition to worsen | Criminal detention, facing up to 3 years in prison |
| Beijing | Online platform promotes unlicensed traditional Chinese medicine services | The platform was interviewed and the accounts involved were banned. |
4. How to avoid the risks of practicing medicine without a license
For practitioners of traditional Chinese medicine or those interested in engaging in the traditional Chinese medicine industry, the following suggestions can help avoid legal risks:
1.Obtain professional qualifications:Obtain the TCM practitioner qualification certificate through formal examination.
2.Legal registration agency:To open a clinic or medical facility, you need to apply for a license from the health department.
3.Standardize publicity behavior:Avoid exaggerating efficacy or false advertising and comply with medical advertising regulations.
4.Continuous learning:Pay attention to policy changes, update industry knowledge in a timely manner, and avoid violations due to changes in regulations.
5. Summary
Practicing traditional Chinese medicine without a license not only endangers the health of patients, but also faces severe legal penalties. As supervision becomes stricter, practitioners should abide by laws and regulations and carry out diagnosis and treatment activities through legal channels. When choosing traditional Chinese medicine services, the public should also pay attention to checking the qualifications of institutions and doctors to protect their own rights and interests.
This article organizes relevant legal provisions, punishment methods and typical cases through structured data, hoping to provide readers with a clear reference. If you need to know more about TCM practice policies, it is recommended to consult the local health department or legal professionals.
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