患者安全视角下中医类医师执业范围问题研究

Research on the practice scope of TCM doctors from the perspective of patient safety

《中医药法》等相关立法对于中医类医师执业范围的规定不明确,一定程度上打乱了立法通过医师考试、注册制度控制风险的医疗秩序,为患者安全埋下了隐患。中医师的立法现状是通过行政批复弥补规则的不确定,应急性满足社会需求的立法增多,部分地方卫生行政部门纷纷出台中医师执业范围的规范性文件。这样的立法明显上位法依据不足,而且也不利于实现法制统一性。国家层面应该尽快立法,进一步明确中医师执业范围。立法设计定位首先应该是保障患者安全,其次中医药事业应该始终保持自己的优势和特色,使现代医疗技术方法为中医药所用,而非被其取代。

The relevant legislation of the law of traditional Chinese medicine is not clear about the practice scope of doctors of traditional Chinese medicine. To a certain extent, it has disrupted the medical order which is controlled through the medical examination and registration system, and it has buried a hidden danger for the safety of the patients. Current situation in legislation is increased by legislation of administrative approval in order to make up for the uncertainty of rules, and increasing the number of legislation to meet social needs. Some local health administrative departments have issued normative documents for practitioners. Such legislation is lack of some of th e upper law basis obviously, and it is also not conducive to the realization of the unity of the legal system. Therefore, the national level should be legislate as soon as possible to further clarify the scope of traditional Chinese medicine practitioners. The positioning of legislative design should first ensure patient safety. Secondly, Chinese medicine should always maintain its own advantages and characteristics, so that modern medical technology can be used instead of being replaced by traditional Chinese medicine.