Criminal Law Responses To Unlicensed Medical Practitioners
1. Legal Framework
In China, criminal liability for unlicensed medical practice is governed by the Criminal Law of the People’s Republic of China, especially:
Article 336 – Illegal Medical Practice
“Whoever, without obtaining a medical practitioner’s qualification, engages in medical practice and causes serious consequences, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, or public surveillance; if serious injury or death is caused, the punishment shall be imprisonment of not less than three years but not more than ten years.”
Relevant Administrative Regulations:
Law on Practicing Doctors (1999) – defines requirements for obtaining medical licenses.
Medical Institutions Management Regulations – prohibits unlicensed clinics or individuals from performing diagnosis, treatment, or surgery.
Key Principle:
Practicing medicine without a license — including diagnosis, prescription, surgery, or administering drugs — is criminally punishable, especially when it results in harm, death, or large-scale impact.
2. Detailed Case Studies
Case 1: Beijing – Unlicensed Surgery Resulting in Death (2015)
Facts:
An unlicensed practitioner performed cosmetic surgery at a rented apartment, claiming to be a certified plastic surgeon. The patient died due to anesthesia complications.
Charges:
Illegal medical practice (Article 336) causing death.
Judicial Reasoning:
Defendant lacked any medical qualification or facility permit.
The direct causal link between illegal surgery and death was established.
Outcome:
10 years imprisonment and compensation to victim’s family.
All medical instruments confiscated.
Significance:
This case established that illegal surgery with fatal consequences qualifies for the maximum penalty under Article 336.
Case 2: Guangdong – Illegal Abortion Clinic (2016)
Facts:
Two individuals ran an unlicensed clinic performing abortions and selling prescription drugs without authorization. One woman suffered severe hemorrhage.
Charges:
Illegal medical practice and sale of prescription drugs without license.
Judicial Reasoning:
Performing invasive medical procedures without proper credentials endangered public health.
The harm caused constituted an aggravating factor.
Outcome:
Main operator sentenced to 7 years imprisonment, assistant 4 years.
Clinic permanently closed, profits confiscated.
Significance:
Illegal reproductive health services are treated as grave public health offenses.
Case 3: Sichuan – Herbal Medicine Practitioner Without License (2018)
Facts:
A self-proclaimed “traditional healer” diagnosed and treated patients using herbal concoctions, resulting in two cases of poisoning.
Charges:
Illegal medical practice under Article 336, plus negligence causing injury.
Judicial Reasoning:
Defendant advertised medical expertise without any formal training.
Toxicity and patient harm elevated the offense.
Outcome:
5 years imprisonment, compensation for medical expenses to victims.
Significance:
Traditional medicine without certification is treated the same as modern medical malpractice under criminal law.
Case 4: Shanghai – Cosmetic Injection Scam (2019)
Facts:
An unlicensed beautician offered cosmetic “botox and filler” injections at a private salon using counterfeit products. Several patients developed infections.
Charges:
Illegal medical practice, production/sale of counterfeit medical products.
Judicial Reasoning:
Administering injections qualified as medical treatment.
Counterfeit materials worsened liability.
Outcome:
8 years imprisonment, heavy fines, destruction of illegal substances.
Significance:
Courts hold that “beauty procedures” involving injections or surgery constitute medical acts and fall under criminal regulation.
Case 5: Hubei – Unlicensed Dentist Operating for Years (2020)
Facts:
An individual opened a dental clinic without license, treating hundreds of patients for years. Several patients later reported serious infections and tooth loss.
Charges:
Illegal medical practice with serious public health impact.
Judicial Reasoning:
Repeated illegal operations over a long period aggravate the crime.
Damage to public trust in medical institutions noted.
Outcome:
6 years imprisonment, fines, confiscation of profits and medical equipment.
Significance:
Long-term unlicensed operations face heavier penalties even without fatal outcomes.
Case 6: Henan – Online “Doctor” Giving Prescriptions (2021)
Facts:
A person posed as a licensed doctor on social media and offered online diagnoses and prescriptions for a fee. Several patients suffered allergic reactions from his advice.
Charges:
Illegal medical practice using internet platforms.
Judicial Reasoning:
Digital platforms are treated as spaces for “medical acts.”
Misrepresentation online equals physical illegal practice.
Outcome:
4 years imprisonment, fines, mandatory restitution to victims.
Significance:
First case applying Article 336 to telemedicine and online consultation scams.
Case 7: Zhejiang – Unlicensed Midwife Services (2022)
Facts:
A woman offered home childbirth services claiming “traditional expertise,” leading to fatal complications for both mother and infant.
Charges:
Illegal medical practice causing death.
Judicial Reasoning:
Home birth assistance requiring medical training counts as medical practice.
Death of mother and child led to severe sentencing.
Outcome:
10 years imprisonment, full restitution to victim’s family.
Significance:
Reinforces that midwifery or childbirth assistance without license is a criminal, not administrative, offense.
3. Observations and Key Legal Principles
Definition of “Medical Practice”:
Includes diagnosis, treatment, prescription, surgery, injections, midwifery, or any act requiring professional medical knowledge or procedure.
Aggravating Factors:
Patient injury or death.
Long-term or repeated illegal activity.
Use of counterfeit drugs or equipment.
Fraudulent advertising or impersonation of licensed doctors.
Sentencing Range:
Ordinary cases: up to 3 years imprisonment or detention.
Cases causing injury: 3–7 years imprisonment.
Cases causing death or major harm: up to 10 years imprisonment.
Civil Restitution:
Courts commonly order compensation to victims and their families.
Public Health Emphasis:
Courts emphasize maintaining public confidence in medical systems and preventing illegal clinics from endangering society.
4. Summary
| Case | Location | Nature of Violation | Resulting Harm | Sentence | Key Legal Issue |
|---|---|---|---|---|---|
| 1 | Beijing | Cosmetic surgery without license | Death | 10 years | Fatal unlicensed operation |
| 2 | Guangdong | Illegal abortion clinic | Injury | 7 years | Endangering reproductive health |
| 3 | Sichuan | Herbal treatment poisoning | Injury | 5 years | Traditional medicine without license |
| 4 | Shanghai | Cosmetic injections | Infection | 8 years | Counterfeit products used |
| 5 | Hubei | Long-term illegal dental clinic | Infection | 6 years | Repeated offense, public harm |
| 6 | Henan | Online diagnosis/prescription | Allergic reactions | 4 years | Internet-based illegal practice |
| 7 | Zhejiang | Home childbirth service | Deaths | 10 years | Fatal consequence, severe penalty |
5. Conclusion
Criminal law in China treats unlicensed medical practice as a serious public safety crime.
Article 336 serves as the foundation for prosecution.
Liability increases sharply if patient injury or death results.
Both physical and online acts of diagnosis or treatment are covered.
Courts impose imprisonment, fines, restitution, and confiscation of illegal gains to deter repeat offenses.
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