Medical Licensing Examination Discipline Violation Handling Provisions

Original Language Title: 医师资格考试违纪违规处理规定

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Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/gwybmgz/201503/20150300398568.shtml

Medical licensing examination discipline violation handling provisions

    (August 10, 2014 national health planning Commission released 4th September 10, 2014) Chapter I General provisions

    First to strengthen the management of physician qualification examinations, standardized test of physician qualification cognizance and treatment of disciplinary violations, protection of test fairness, justice, and protect legal rights of candidates and examination staff, in accordance with the People's Republic of China medical practitioners Act (hereinafter referred to as the practitioners Act) and related laws and regulations, this provision is enacted.

    Provisions of this article apply to medical licensing examination candidates, examining personnel, examination staff and other relevant personnel and test discipline violations identified and dealt with.

    Article on examination determine and deal with disciplinary violations, shall clearly accurate, irrefutable evidence and procedural norms, applicable provisions.

Fourth National Health Commission is responsible for the national medical licensing exam discipline violations identified and handled supervision and management.

District municipal health family planning administrative departments at or above the charge of physician qualification examinations in their respective jurisdictions disciplinary violations identified, treatment and supervision and management.

National medical examination Center under the leadership of the National Health Commission, responsible for the analysis and management of the national medical licensing exam results, disciplinary violations found, process guidance, and information management, and report to the National Health Commission national medical licensing examination discipline violation handling work-related situations.

State administration of traditional Chinese medicine practitioners Accreditation Centre (hereinafter referred to as Chinese medicine practitioner Certification Center) according to their functions and the Division responsible for the relevant work.

    Test, test center exams under the leadership of institutions in the health and family planning administrative departments at, respectively, are responsible for the area of examination irregularities irregularities found, processing and other related work of implementation.

    Chapter II candidate identification and processing of disciplinary violations and related personnel

Fifth candidate has any of the following acts, when the unit exam results or test station is not valid:

(A) the test signal is issued, seated in the provided location and take the exam;

(B) when you enter the exam room, the caution has not provided according to the requirements of items in the specified location;

(C) the test answers before the starting signal or signal is issued continue to answer the exam is over, the caution is not correct;

(D) failure to use the examination requirements with a pen or paper answer sheet, the caution is not correct;

(E) without the required papers, paper (including answer sheets, the same below) write personal information, fill out correctly on answering James or mark additional information, the caution is not correct;

(F) examination began within 30 minutes, the caution is still not on the answer sheet fill in personal information;

(G) in the course of examination, peep, whisper to each other, mutual signal or gesture, the caution is not correct;

(VIII) without consent of the examination staff, allowed to leave your seat or exam room during the examination process;

(I) refuse or impede the examinations staff in discharging their management responsibilities and (10) in the exam room or within the scope of the test ban, noise, smoke or carry out other acts that affect the order of examination, by discouraging is not correct;

(11) the same exam room, and the same questions more subjective answer words, major fault line;

    (12) other general health family planning administrative departments at or above the provincial level disciplinary violations.

Sixth candidate has any of the following acts, when test scores is not valid:

(A) the test signal is issued, was found carrying records of medical content material;

(B) copying test answers or assist others to copy or content-related information;

(C) papers, responses or information material related questions answered with out of the exam room;

(D) intentionally damaging papers, questionnaires or examination of equipment and materials;

    (E) health family planning administrative departments at or above the provincial level of other serious disciplinary violations.

Seventh candidate has any of the following acts, when exam is invalid, in 2 years to apply for qualification:

(A) the test signal is issued, was found carrying electronic devices;

(B) the seizing by force or stealing test papers of others, respondents provide convenience or forcing others to copy for yourself;

(C) transfer or Exchange within the cordon in the examination room examination papers, answer exam related material and (iv) refuses to obey the examination staff deliberately disturbing the order of examination, marking places such examinations;

(V) collusion cheating and examination staff;

(Vi) threats, insults, beatings of examination staff;

(VII) the use of forged documents, and any false material registration;

(VIII) fill test identifying information of another person or identifying information of test paper;

    (IX) health family planning administrative departments at or above the provincial level of other serious disciplinary violations.

Article eighth one of the candidates in any of the following acts, recognized as participating in organized cheating, when test scores invalid, may not register for the qualifications of doctors for life:

(A) instead of taking the examination by others;

(B) in the examination room within the cordon external communication, transmit, send or receive papers or answer;

(C) spread rumors, disturb the test environment, resulting in serious negative social impact;

(D) test the illegal acquisition, possession, use, dissemination of questions or answers;

    (E) other health family planning administrative departments at or above the provincial level organized cheating.

    Nineth after exams found and identified candidates for disciplinary violations, handled in accordance with these provisions.

Tenth candidate agreed disciplinary violations access to exam results and qualification certificate, physicians practising certificates, by issuing a certificate of health family planning administrative departments handled according to relevant laws and regulations to remove and recover the doctor qualification certificate, physicians practising certificates, and informed. Among medical students, in-service teachers involved in organized cheating, health family planning administrative departments will be informed by their schools, by their schools dealt with under the relevant provisions.

Among medical students participating in organized cheating in serious cases, may not register for the qualifications of doctors for life. Physician involvement in organized cheating, have qualification but has not yet been registered, health family planning administrative departments will not be registered certificate of physician practitioner is registered by a registered health practise family planning administrative departments shall cancel its registration, recovery of physicians practising certificates, and ceases to be registered. Other disciplinary violations, family planning administrative departments for public health shall be dealt with according to law.

Health family planning administrative departments for physician's treatment should inform their units. 

    Other than candidates who participate in organized cheating, family planning administrative departments for public health shall be communicated to the relevant departments or units, and proposals to give them the appropriate disciplinary action.

    Third chapter examines personnel and examination staff disciplinary violations identified and processed

11th life examining personnel should have good political quality and personality, has won the appointment to examine the topic and related position required the ability to work.

Examines personnel shall perform the following obligations of confidentiality:

(A) to comply with privacy laws and regulations and other relevant regulations of the State, shall not in any way disclose a State secret medical licensing examination, test content;

(B) where there is an immediate family member, interested parties in the examination of that year should be active avoidance, shall participate in the work when examining and test;

(C) education and training shall be subject to confidentiality and sign a confidentiality undertaking;

    (D) shall not participate in exam-oriented training and exam-related work.

12th life examines one of the any of the following acts, national medical examination Center or the qualification of Chinese medicine practitioners should stop examining their participation in the work of the Centre, depending on the seriousness or their units give the appropriate disciplinary action, examining and transferred jobs:

(A) the illegal acquisition, possession of State secrets carrier;

(B) the sale, transfer or destruction of State carrier without permission;

(C) by ordinary mail, express delivery carrier channels without security measures, such as passing State secrets;

(D) mailing, shipping carrier State secrets and exit, or without the approval of the competent authorities concerned, carry, carrier passing State secrets out of the country;

(E) illicit copying, recording, storing State secrets;

(Vi) of leaking State secrets in the personal contact and communication;

(VII) on the Internet and other public information network or security measures taken wired and wireless communication transfer of State secrets;

(H) the crypto-related computer storage device connected to the Internet and other public information network;

(IX) in secret-involved information system with the Internet and other public information network for Exchange of information between;

(J) the use of classified computers, non-secret storage device storage, processing of State secret information;

(11) without uninstalling, modifying the secret-involved information system security technology programs, management programs;

(12) retired to be processed without the security of secrecy-involved computer, secret storage device giving, selling, discarded or used for other purposes;

(13) involved in work related to training and medical licensing examination;

    (14) without a national medical examination Center or a practitioner Certification Center approved, during the employment period in the preparation of, publishing medical licensing examination reference book and related information. 13th examination staff should seriously perform their job duties.

On exam affair management work, any of the following acts, examination institution shall cease to take part in the examination, depending on the seriousness or their units give the appropriate punishment, and out of the test unit or position:

(A) for the examination candidates or staff providing false testimony, documents, or illegal to modify candidates archive (including electronic records);

(B) alter the examination time, location or arrangements;

(C) because of errors, resulting in some students are unable to take the exam as scheduled in the area, and severe social impact;

(D) through tips or hints to help students answer questions;

(E) questions and answers without authorization, as well as with content-related material out of the exam room or passed to another person;

(F) change, alter the candidates answer sheet, or exam results examination of original material;

(VII) not in accordance with the provisions of the custody, use, destruction of examination materials;

(VIII) does not fulfill duties, resulting in responsible for the exam room the same rate of 60%;

(IX) assessment of reading people scaled scores that were clearly wrong, wrong volume accounted for more than 1% its marking of papers;
(J) collude with candidates or other persons, to help students implement disciplinary violations during the examination period;

(11) shall withdraw from the examination of work undeclared;

(12) the examination facilities, bribes, bribes or seek illicit interests;

(13) the framing, or retaliate against the candidate or any other exam staff;

    (14) health family planning administrative departments at or above the provincial level provisions of other acts in violation of test management.

14th test center exam grossly irresponsible, causing confusion in the test management, disciplinary violations outstanding, criticized by the health family planning administrative departments, and given a warning.

    Test discipline violation is serious, affecting the poor, hosted by the provincial health Administrative Department of planning to cancel the test center exam qualifications, to order the rectification, in 2 years not in the examination work, and hold managers accountable.

    15th examination staff, other acts of interference examination of the persons concerned, health family planning administrative departments or institutions that should be recommended to the relevant units for the corresponding administrative sanction.

    Fourth chapter determination of disciplinary violations and handlers

16th test staff on disciplinary violations found during the exam should be corrected in a timely manner, and to take the necessary steps to collect, preserve evidence of disciplinary violations. On disciplinary violations found during the exam, should consist of 2 or more exam staff to fill in the national style of the medical licensing examination discipline violation records. Records include: disciplinary violations the facts, circumstances and conditions. After the form is completed and signed by the examination staff, shall be signed examiner finds that the applicants point in time.

Examination staff should faithfully record content and opinion to be addressed by dealing with people.

    Facts are clear and evidence of disciplinary violations, family planning administrative departments for public health shall promptly make a decision, issued by the national uniform styles of the medical licensing examination discipline violations of the written decision and are processed and delivered in a timely manner as required or his unit.

    Article 17th exam test centers in agencies responsible for summary examination discipline breaches and timely submitted to the test seat district municipal health family planning administrative departments. Article 18th disciplinary breaches the decision on the candidates by District municipal health family planning administrative departments. Apart from the unit or an examination that year exam results invalid, when test scores invalid processing decisions, district municipal health family planning administrative departments making other decisions, shall decide within 15th of the provincial family planning administrative departments of health.

    Found inappropriate decisions, provincial family planning administrative departments for public health shall from the date of receipt of the record within the 30th investigation, corrective, and can also request area of the municipal family planning administrative departments for public health survey.

    19th district, above the level of family planning administrative departments for public health shall strengthen the test center, test supervision and management, listed in the 13th, 14th, and the circumstances are serious, can be directly involved in the investigation and handling the situation and promptly reported to the State Health Commission, with a copy to the national medical examination Center or a practitioner certification center.

    Personnel, examination staff in examining 20th life questions life, test, test and marking process of a violation of this provision, national medical examination Center or a practitioner Certification Center, test centers examiners, head of marking should suspend its work, and in accordance with the provisions of the health and family planning administrative departments.

Article 21st health family planning administrative departments when making a treatment decision, proposed decision should be promptly informed of any human.

Who was dealing in health family planning administrative departments of disciplinary violations or proposed processing decisions taken by objections, the right to State and to defend themselves.

    Are people not satisfied with the decision, may apply for administrative reconsideration or bring an administrative suit.

22nd administered examinations should be established under the guidance of the provincial health Administrative Department of planning national medical licensing examination candidate files, records, retention, and to the national medical examination Center provides information about disciplinary violations in medical licensing examination candidates.

    Administered the exam bodies should summarize the area exam discipline violations cognizance and treatment of cases, respectively, submitted to the provincial family planning administrative departments and the national medical examination Center, managed by the national medical examination Center into candidates ' personal information.

    The fifth chapter by-laws

    Article 23rd personnel, test examining candidates, staff and other personnel in violation of this provision constitutes a crime, criminal responsibility shall be investigated according to law.

24th article of the regulations, the following terms mean:

Exams that year, refers to the candidates from the register for the test of physician qualification examinations to all test content to complete the whole process. Examination station or unit, refers to the practical skills test or when a comprehensive written examination in medicine, divided into different stages of the test.

Practical skills test called the station, in medical comprehensive written examination known as the examination unit.

Candidates are under the medical practitioners Act and the National Health Commission examination methods, sign up for medical licensing examination staff.

Personnel examining life, refers to the participation of medical licensing examination, examining, volume set of experts and staff.

Examinations staff is involved in test of physician Qualification exam management, marking and assessment examinations services staff.

Examination refers to health and family planning administrative departments at all levels to specify the unit responsible for the test of physician Qualification exam. Test and test, test of physician Qualification exam management refers to the designated examination area.

Administered by provinces, autonomous regions and municipalities directly under the jurisdiction of regional; test centers or districts and cities of the region.

Examination room, refers to the physician qualification examinations in the implementation of specific places, generally refers to schools, hospitals and so on.

    Exam room refers to implementation of physician qualification examinations in separate areas within the venue, such as classrooms, offices, and so on. 25th article of the regulations come into force on September 10, 2014.