Legal basis: Article 336 of the Criminal Law of People's Republic of China (PRC). If the circumstances are serious, those who have not obtained the qualification for illegal medical practice 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. Whoever, without obtaining the qualification of a doctor, performs contraceptive recanalization surgery, fake contraceptive surgery, pregnancy termination surgery or takes out intrauterine devices for others without authorization, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also, or shall 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 Supreme People's Court's explanation on some issues concerning the specific application of law in the trial of criminal cases of 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(three) engaged in medical activities during the period when the doctor's practice certificate was revoked according to law;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.