Chapter I General Provisions Article 1 These Provisions are formulated in accordance with the Law of People's Republic of China (PRC) Municipality on Medical Practitioners and other relevant laws and administrative regulations in order to standardize the identification and handling of irregularities in the medical qualification examination, safeguard the fairness and justice of the medical qualification examination, and safeguard the legitimate rights and interests of candidates who take the medical qualification examination and those who engage in and take the medical qualification examination (hereinafter referred to as examination staff).
Article 2 These Provisions shall apply to the identification and handling of candidates, examination staff and other relevant personnel who take part in the doctor qualification examination who violate the examination management regulations and disciplinary actions in the examination room.
The identification and handling of irregularities in the doctor qualification examination should be open, fair, legal and appropriate.
Article 3 Under the leadership of the Physician Qualification Examination Committee of the Ministry of Health and the Provincial Physician Qualification Examination Leading Group, the examination areas and test sites shall be responsible for the specific implementation of the physician qualification examination, and shall be responsible for the identification and handling of examination irregularities in accordance with these Provisions.
Chapter II Identification and Handling of Violation of Discipline Article 4 Candidates who do not obey the discipline of the examination room or the arrangements and requirements of the examination staff shall be regarded as violating the examination discipline if they commit any of the following acts:
(1) bringing articles beyond the provisions into the examination room or not putting them in the designated position;
(two) did not take the exam in the prescribed seat;
(3) Answering questions before the start signal of the exam is issued or continuing to answer questions after the end signal of the exam is issued;
(4) Peeping, whispering, exchanging signals or gestures during the examination;
(5) Noisy, smoking or other behaviors that affect the order of the examination room within the scope prohibited by the examination room or the medical qualification examination institution;
(6) Leaving the examination room without the consent of the examination staff;
(7) Taking papers, answer sheets (including answer sheets, the same below), draft papers and other papers out of the examination room;
(8) Answering questions with pen and paper other than those specified, or writing names and test numbers in places other than those specified in the test paper, or marking information on the answer sheet in other ways;
(nine) other acts that violate the rules of the examination room but do not constitute cheating.
Article 5 Candidates who violate the principles of fairness and justice in the examination, obtain or attempt to obtain answers to test questions and test scores by improper means, and commit any of the following acts, shall be deemed as cheating in the examination:
(a) using written materials or electronic equipment related to the content of the exam to take the exam;
(2) Plagiarizing or assisting others to plagiarize answers to test questions or materials related to test contents;
(3) robbing or stealing other people's test papers and answer sheets or forcing others to provide convenience for plagiarism;
(4) using communication equipment during the examination;
(five) by others to take the exam as an impostor;
(6) Deliberately destroying examination papers, answer sheets or examination materials;
(seven) fill in the name, test number and other information inconsistent with my identity on the answer sheet;
(8) Passing or receiving articles or exchanging test papers, answer sheets and draft papers;
(9) Other cheating behaviors.
Article 6 If a medical qualification examination institution or examination staff finds any of the following behaviors during or after the examination, they shall consider that the relevant candidates have cheated in the examination:
(a) by forging documents, certificates and other materials to obtain examination qualifications and examination results;
(2) There are more than two (including two) answers to the subjective questions of the same category and the same examination room in the process of marking the answers to the practical skills examination;
(three) the examination room discipline is chaotic, the examination order is out of control, and there is a large-scale examination cheating phenomenon;
(four) the examination staff assisted in the implementation of cheating, which was verified afterwards;
(five) other acts that should be recognized as cheating.
Seventh candidates and other personnel should consciously maintain the order of the examination workplace, obey the management of the examination staff, and shall not have the following acts:
(1) Deliberately disturbing the order of examination places such as examination rooms and marking places;
(2) refusing or obstructing the examination staff from performing their management duties;
(3) Threatening, insulting, slandering or framing examination staff or other candidates;
(four) other acts that disrupt the order of examination management.
Eighth candidates have one of the violations listed in article fourth, cancel the examination results of the unit. Candidates who commit one of the cheating acts listed in Items (1), (2), (6), (8) and (9) of Article 5 shall be disqualified from the examination and their examination results in that year. Whoever commits one of the cheating acts listed in Items (3), (4), (5) and (7) of Article 5, or commits one of the violations listed in Articles 6 and 7, shall be disqualified from the examination and the examination results of that year. Whoever commits one of the cheating acts listed in Item (3), (4), (5) and (7) of Article 5, or commits one of the violations listed in Article 6 and Article 7, shall be disqualified from the examination and examination results of that year, and shall be disqualified from participating in the doctor qualification examination within two years from the following year.
Article 9 Candidates who commit any of the acts listed in Article 7 shall be terminated from taking this year's doctor qualification examination, their qualifications and examination results of that year shall be cancelled, and their qualifications for taking the doctor qualification examination shall be cancelled within two years from next year. Candidates and other personnel who violate the regulations on administrative penalties for public security shall be dealt with by the public security organs; If a crime is constituted, criminal responsibility shall be investigated by judicial organs according to law.
Tenth candidates who have obtained the "Qualification Certificate of Physician" or "Practice Certificate of Physician" in violation of regulations shall be declared invalid and revoked by the health administrative department that issued the certificate; Those already registered will be deregistered.
Eleventh instead of others to take the doctor qualification examination, is a student, notify the school; Those who have obtained the qualification of a doctor and are not registered shall not be registered within two years from the date of discovery and handling the substitute examination to the date of applying for registration; Those who have already registered shall be determined as unqualified by the competent department of practice registration in the periodic assessment of the assessment cycle. Other personnel shall be given administrative sanctions by the administrative department of health, which shall record the cheating and notify the relevant units or media.
Twelfth examination staff should conscientiously perform their duties. In the process of examination management, organization and marking, anyone who commits any of the following acts shall stop taking the annual and next year's doctor qualification examination, and the examination area, test center or unit shall give corresponding administrative sanctions according to the seriousness of the case:
(a) should avoid the examination work and conceal it;
(2) changing the time, place or arrangement of the examination without authorization;
(3) Prompting or implying candidates to answer questions;
(4) Taking the test questions, answer sheets or related contents out of the examination room or giving them to others without authorization;
(five) serious dereliction of duty in marking and scoring, resulting in obvious wrong evaluation, missing evaluation or integral error;
(six) in the marking without changing the scoring rules or not marking according to the scoring rules;
(seven) due to the failure to perform their duties seriously, resulting in the same test papers in the examination room;
(eight) unauthorized disclosure of signs, unified and other information that should be kept confidential;
(nine) other acts in violation of the provisions on the administration of invigilation and marking.
Article 13 Examination staff who commit any of the following acts shall stop their participation in the examination for the qualification of doctors, and the examination area, examination center or unit to which they belong shall give corresponding administrative sanctions according to the seriousness of the case and be removed from the examination post; If the circumstances are serious enough to constitute a crime, criminal responsibility shall be investigated by judicial organs according to law:
(a) to provide false certificates and certificates for those who do not have the qualification to take the doctor qualification examination, so that they can obtain the qualification of examination or the qualification of examination staff;
(two) due to dereliction of duty, the candidates failed to take the examination as scheduled or suffered heavy losses in the examination work;
(3) Providing conditions for candidates to cheat by invigilating or engaging in examinations;
(4) Forging or altering candidates' files (including electronic files);
(5) sorting out the answer sheets outside the venue to provide answers for candidates;
(6) instigating, conniving at or colluding with others to cheat;
(seven) stealing or altering the candidates' answers, test scores or original records of the examination room;
(eight) unauthorized alteration or fabrication, false inspection of data and information;
(nine) failing to destroy the test paper in accordance with the provisions;
(ten) taking advantage of the examination work, asking for bribes, accepting bribes and practicing favoritism;
(eleven) framing or retaliating against candidates.
Fourteenth because of the management confusion of the test center and the dereliction of duty of the examination staff, the discipline of the test center or examination room is chaotic and cheating is serious; Or more than 60% of the candidates in the same category and the same examination room have the same test papers; Or more than 20% of the papers in the same category and the same test center are the same; The test scores within the corresponding range are invalid. If more than 20% of the test papers in the same category and the same test center are identical, or other test centers have chaotic discipline and serious cheating, the provincial health administrative department will cancel the qualification of the test center to undertake the doctor qualification examination.
The relevant departments shall give corresponding administrative sanctions to the relevant responsible persons and persons in charge of the examination rooms and test sites where large-scale cheating occurs; If the circumstances are serious enough to constitute a crime, criminal responsibility shall be investigated by judicial organs according to law.
Article 15 In case of violation of confidentiality or the regulations on the management of examination materials, resulting in the loss or disclosure of examination questions, answers and scoring reference materials (including spare volumes and their answers and scoring reference materials, the same below), or the candidates' answers have a major accident during the confidentiality period, the relevant departments shall, depending on the seriousness of the case, give administrative sanctions to the responsible person and the relevant responsible person respectively; If a crime is constituted, criminal responsibility shall be investigated by judicial organs according to law. Stealing, damaging or disseminating the examination questions, answers, scoring reference, candidates' answers and test results of the doctor qualification examination during the confidentiality period, the relevant departments shall investigate the responsibilities of the relevant personnel according to law; If a crime is constituted, criminal responsibility shall be investigated by judicial organs according to law.
Sixteenth employees and other personnel have one of the following acts, by the examination area, the test center suggested that their units be given administrative sanctions or handled by the relevant departments; If a crime is constituted, criminal responsibility shall be investigated by judicial organs according to law:
(a) instigating, conniving and instigating the examination staff to relax the examination discipline, resulting in disorder and serious cheating in the examination room;
(two) to take the doctor qualification examination instead of others or by others;
(3) Participating in or organizing others to cheat in the exam;
(4) taking advantage of his authority to cover up cheating or coerce others to cheat;
(5) Violating the personal rights of examination staff and candidates by means of strike, retaliation, framing and threats;
(6) Bribing bribes to examination staff;
(seven) intentional damage to the examination facilities;
(eight) disturbing or disturbing the order of the examination room, marking point and related examination workplaces, resulting in serious consequences.
Chapter III Identification and Handling Procedures for Violations Article 17 If examination staff find that candidates have violated disciplines and cheated in the examinations listed in Articles 4 and 5 of these Provisions during the examination, they shall promptly correct them and truthfully record them; The materials and tools used by candidates for cheating should be detained. Candidates' violation records, as the basis for determining the facts of candidates' violation, shall be signed and confirmed by two or more invigilators or patrol examiners. The examination staff shall inform the illegal candidates of the contents of the violation record, and fill in the receipt of the items withheld from the candidates.
Article 18 If the test area or test center discovers the acts listed in Articles 6 and 7 of these Provisions, it shall be investigated by two or more staff members, and the corresponding evidence materials shall be collected and preserved. On the basis of investigating the facts and evidence, the irregularities of the candidates involved in the case are identified.
Article 19 The test center shall summarize the violation records of the candidates, and after being signed and confirmed by the examiner, the examination area shall handle them in accordance with these regulations.
Article 20 In the medical qualification examination, candidates who violate the disciplines listed in Article 4 shall be dealt with by the examination center, and those who cheat in the examinations listed in Articles 5 and 6 or disturb the examination order listed in Article 7 shall be dealt with by the examination center. Candidates and other personnel who violate the laws and regulations on public security management shall be dealt with by the local public security organs; In the marking process, if it is found that candidates cheat in the exams listed in Article 6 of these Provisions, the test area shall make a decision on handling and notify the test center.
Article 21 When cheating occurs in a large area in a test center or examination room or it is necessary to supervise the test center, the health administrative department shall directly intervene in the investigation and handling. Thirteenth, fourteenth and fifteenth cases, if the circumstances are serious, shall be handled by the provincial health administrative department, and report to the Ministry of Health in a timely manner.
Article 22 If the examination staff violates these provisions in the examination room, examination center and marking process, the person in charge of the examination center and marking point shall suspend their work and report to the corresponding examination area for handling.
Twenty-third candidates who violate the relevant provisions in other places related to the examination shall be decided by the examination center and filed in the examination area. Examination staff in other places related to the examination in violation of the relevant provisions, by their units according to the opinions put forward by the examination area and test center shall be dealt with, and the results will be notified to the examination area and test center which put forward the opinions.
Article 24 Before making a decision on dealing with an individual or unit that violates the rules in the examination, the examination area and the examination center shall examine the facts of violation and relevant evidence, and inform the individual or unit that has been dealt with of the reasons and basis for making the decision. Individuals or units that have been dealt with have objections to their illegal facts, and shall be given the opportunity to state and defend themselves. If the person being treated is disqualified from the examination and assessment results of that year, and is disqualified from participating in the doctor qualification examination within two years from the following year, he may request a hearing.
Twenty-fifth test area, test center to make a decision should be made in violation of the examination decision, indicating the name of the person being treated, the name of the unit, the reasons and legal basis, the content of the decision, the relief way, the name of the organization that made the decision and the time of making the decision. The decision to deal with the violation of the examination shall be delivered to the person being dealt with in a timely manner.
Twenty-sixth candidates or examination staff who are not satisfied with the decision made by the examination area or test center to deal with violations may, within 15 days from the date of receiving the decision, apply to the higher level institution for review; If you are dissatisfied with the decision made by the test area, you may apply to the provincial health administrative department for review.
Article 27 The provincial health administrative department, examination area and test center that accepts the application for review shall review the illegal facts and applicable basis determined by the decision, and make a review decision in accordance with the following provisions within 30 days after accepting the application:
(a) decided that the facts are clear, the evidence is conclusive, the application basis is correct, the procedure is legal and the content is appropriate, and decided to maintain it;
(two) in any of the following circumstances, the decision is revoked or changed:
1. The illegal facts are unclear and the evidence is insufficient;
2. The application basis is wrong;
3 in violation of the provisions of the handling procedures.
(The examination area, test center or health administrative department at or above the county level that made the decision shall remedy the losses caused to the candidates by the wrong decision. )
Article 28 If an applicant refuses to accept the decision on review or handling, he may apply for administrative reconsideration or bring an administrative lawsuit in accordance with the relevant provisions of the Administrative Reconsideration Law and the Administrative Procedure Law.
Twenty-ninth examination area should establish the integrity files of candidates, and record and keep the relevant information of candidates who cheated in the doctor qualification examination. The test area shall accept inquiries from relevant social parties about the integrity files of candidates, and provide relevant information to health administrative departments and medical institutions in a timely manner.
Article 30 The examination area shall timely summarize the handling of illegal candidates and examination staff in the local area, report to the office of the Physician Qualification Examination Committee of the Ministry of Health, and send a copy to the National Medical Examination Center.
Chapter IV Supplementary Provisions Article 31 These Provisions shall be interpreted by the Physician Qualification Examination Committee of the Ministry of Health.
Article 32 These Provisions shall come into force as of the date of promulgation. Prior to this, the Interim Provisions on Disciplinary Treatment of Physician Qualification Examination promulgated by the Physician Qualification Examination Committee of the Ministry of Health was abolished at the same time.