医师超范围执业的法律风险研判——以高铁救人被索要医师证所引发的疑问为视角

Legal risk analysis of physicians practicing beyond their scope——From the perspective of questions raised by the demand for medical certificates for high-speed rail rescue

医师超范围执业是指医师没有按照法定执业注册范围的要求执业,客观上表现为医师做出了超越法定注册的专业和地域界限的一种行为。此行为是否会具有法律风险,不能一概而论。从实践角度出发分析认为,医师的超范围执业具体可分为一般、紧急和特殊情况下三种情形。因此,医师超范围执业的前提不同,所产生的法律后果也不同,应区别对待。

Physician's practice beyond the scope of legal registration refers to the behavior of a physician who fails to practice in accordance with the requirements of the legal registration scope,objectively manifested as excee-ding the professional and geographical boundaries of legal registration.Whether this behavior will directly face legal risks cannot be generalized.From a practical perspective,this article analyzed and believed that the practice of ex-ceeding the scope of medical practice by physicians could be divided into three types:general,emergency,and spe-cial cases of exceeding the scope of medical practice,which were also significantly different from illegal medical prac-tice.The legal consequences of practicing beyond the scope of a physician vary depending on the premise,and should be treated differently.