【正文】 n, demanding or illegally taking money or things of value from the patients or seeking other illegitimate benefits. (11) failing to accept the assignment of the administrative department for public health under the circumstances of natural calamities, epidemics, sudden accidents resulting in heavy casualties or other emergencies which seriously endanger people39。s lives or health。 or (12) failing to report, as required by regulations, when causing a medical accident or discovering an epidemic, a patient who is involved in an incident of injury or an unnatural death. Article 38 Where a doctor causes an accident in medical treatment, disease prevention or healthcare, the case shall be handled in accordance with law or relevant State regulations. Article 39 Where persons set up medical institutions for the practice of medicine without permission or nondoctors practise medicine, the administrative department for public health of the people39。s government at or above the county level shall have such acts banned and their unlawful gains and their medicines and apparatus confiscated, and shall also fine them not more than 100,000 yuan。 it shall revoke the doctor39。s license。 if harm is done to patients, they shall bear the liability according to law。 and if the act constitutes a crime, the perpetrator shall be investigated for criminal responsibility according to law. Article 40 Where a person hinders a doctor from conducting practice according to law, humiliates, slanders, intimidates or beats up a doctor, infringes on a doctor39。s personal freedom or interferes with a doctor39。s normal work of life, he shall be penalized in accordance with the provisions prescribed in the Regulations on Administrative Penalties for Public Security。 if the act constitutes a crime, he shall be investigated for criminal responsibility in accordance with law. Article 41 Where a medical treatment, diseaseprevention or healthcare institution fails to fulfill its duty of reporting the cases according to the provisions prescribed in Article 16 of this Law, thus causing serious consequences, it shall be given a disciplinary warning by the administrative department for public health of the people39。s government at or above the county level。 and the persons who are in charge of the administrative affairs of the institution shall be given administrative sanctions by the said department according to law. Article 42 Any member of the administrative department for public health or of a medical treatment, diseaseprevention or healthcare institution who, in violation of the relevant provisions of this law, practises fraud, neglects his duty, abuses his power or engages in malpractice for personal gain which is not serious enough to constitute a crime, shall be given administrative sanctions according to law。 if the act constitutes a crime, he shall be investigated for criminal responsibility. Chapter VI Supplementary Provisions Article 43 Where a person, prior to the date of promulgation of this Law, obtained a technical title in accordance with relevant State regulations, in the profession of medicine and a position in the profession, the matter shall be submitted by the institution where he works to the administrative department for public health of the people39。s government at or above the county level for confirmation before the person is granted the doctor39。s certificate. All the medical workers who are engaged in medical treatment, diseaseprevention or healthcare in a medical treatment, diseaseprevention or healthcare institution shall, in conformity with the requirements prescribed in this Law, together be examined and reported by the institution where they work to the administrative department for public health of the people39。s government at or above the county level for registration and the issue of doctor39。s licenses. Specific measures shall be formulated by the administrative department for public health together with the personnel administrative department under the Sate Council. Article 44 This Law shall apply to doctors who work in familyplanning service institutions. Article 45 Any rural doctor who provides villagers with diseaseprevention, healthcare or ordinary medical service in a rural medical and health institution and meets the relevant provisions prescribed in this Law may obtain the doctor39。s certificate or the assistant doctor39。 s certificate in accordance with law. With regard to rural doctors have not obtained the doctor39。s certificates or the assistant doctor39。 s certificates as prescribed in this Law, the State Council shall formulate administrative measures separately. Article 46 Measures for the application of this Law among doctors in the military shall be formulated by the State Council and the Central Military Commission in accordance with the principles of this Law. Article 47 Persons from abroad who wish to take the examinations for the doctor39。s certificates, get registered, engage in the practice of medicine or impart clinical instruction or conduct clinical research in the territory of China shall apply in accordance with relevant State regulations. Article 48 This Law shall go into effect as of May 1st, 1999. 10