According to Article 336 of the Criminal Law, the crime of illegal medical practice refers to the serious behavior of people who engage in medical activities without obtaining the qualification of a doctor. There are many disputes about the understanding and determination of this crime in judicial practice. If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also or only be fined; Those who seriously damage the health of patients shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and fined; Whoever causes death shall be sentenced to fixed-term imprisonment of not less than 10 years and fined.
The Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Laws in the Trial of Criminal Cases of Illegal Medical Practice has made relevant provisions on illegal medical practice:
Article 1 Under any of the following circumstances, it shall be deemed as "illegal medical practice by persons who have not obtained the qualification of medical practitioners" as stipulated in the first paragraph of Article 336 of the Criminal Law:
(a) without obtaining the qualification of a doctor or engaging in medical activities by illegal means;
(two) the individual has not obtained the "medical institution practice license" to start a medical institution;
(three) engaged in medical activities during the period when the doctor's practice certificate was revoked according to law;
(four) engaged in rural medical activities without obtaining the practice certificate of rural doctors;
(five) the family midwife to carry out medical behavior other than home delivery.
Article 2 Under any of the following circumstances, it shall be deemed as "serious circumstances" as stipulated in the first paragraph of Article 336 of the Criminal Law:
(1) Causing mild disability of the patient, organ and tissue damage leading to systemic dysfunction;
(2) Causing or threatening the spread and prevalence of Class A infectious diseases;
(three) the use of counterfeit drugs, inferior drugs or sanitary materials and medical devices that do not meet the standards prescribed by the state, which is enough to seriously endanger human health;
(4) Illegally practicing medicine again after being punished twice by the health administrative department;
(five) other serious circumstances.
Article 3 Under any of the following circumstances, it shall be deemed as "seriously damaging the health of patients" as stipulated in the first paragraph of Article 336 of the Criminal Law:
(1) Causing patients with moderate disability or above, and causing serious dysfunction due to organ and tissue damage;
(2) causing mild disability or organ and tissue damage to more than three patients, resulting in general dysfunction.
Article 4 Whoever commits the crime of illegal medical practice and at the same time constitutes the crime of producing and selling counterfeit drugs, the crime of producing and selling inferior drugs and the crime of fraud shall be convicted and punished in accordance with the provisions of the Criminal Law on heavier punishment.
Article 5 For the purposes of this interpretation, "mild disability, organ and tissue damage leads to general dysfunction" and "moderate disability and above, organ and tissue damage leads to serious dysfunction" shall be identified with reference to the Classification Standard of Medical Accidents (Trial) of the Ministry of Health.