1, the concept of illegal medical practice in criminal law? . Article 336 of the Criminal Law of People's Republic of China (PRC) stipulates that a person who has not obtained the qualification for practicing medicine illegally practices medicine, and 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. Obtaining doctor's practice qualification includes doctor's qualification and practice qualification, and only doctor's qualification without practice qualification can also constitute the subject of this crime.
2. Forms of illegal medical practice.
2. 1? Persons who have illegally obtained the qualification for practicing medicine: including those who have not obtained the qualification for practicing medicine; Obtaining the qualification of a doctor but obtaining a practicing certificate without registration; Having obtained the medical qualification and practicing certificate after registration, but failing to practice in accordance with the registered practice place, practice category and practice scope.
2? .2 Obtain the practice license of medical institution? Instead, hire non-health technical personnel to engage in medical activities;
2.3? Obtaining the practice license of a medical institution, but the diagnosis and treatment activities are beyond the registered scope;
2.4? Obtaining the practice license of a medical institution, but not obtaining the permission of special technology or specialties (such as maternal and child health care, STD diagnosis and treatment) to engage in diagnosis and treatment activities.
2.？ Outsourcing and renting departments, selling, transferring and lending licenses of medical institutions, illegally using B-ultrasound to identify fetal sex, and selectively terminating pregnancy operations are included in the scope of illegal medical practice.
3、? Doctors are not registered to obtain a practicing certificate or fail to practice according to the registered items. According to Article 14 of the Law on Medical Practitioners, after being registered, a doctor can practice in medical, preventive and health care institutions according to the registered practice place, practice category and scope, and engage in corresponding medical, preventive and health care businesses. Persons who have not obtained the registered practicing certificate of doctors shall not engage in the practicing activities of doctors.
4. Has the medical institution accepted any special projects? Medical treatment or special technology license. According to Article 32 of the Law of the People's Republic of China on Maternal and Infant Health Care, medical and health institutions must meet the conditions and technical standards stipulated by the health administrative department of the State Council and obtain the permission of the health administrative department of the local people's government at or above the county level to carry out pre-marital medical examination, genetic disease diagnosis, prenatal diagnosis, ligation operation and pregnancy termination operation in accordance with this law. The doctor's qualification certificate can be verified online, but going to a black clinic is illegal medical practice, but it depends on the consequences of illegal medical practice, and there are no serious consequences, so it is generally not detained.