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Is it illegal to ghostwrite medical records?

Legal analysis: 1. There is a crime of illegal medical practice in the criminal law, but simply writing medical records is not a medical practice in itself. There must also be participation in medical treatment and diagnosis, otherwise it does not constitute a crime.

2. Others writing medical records violates medical regulations and can be used as a basis for litigation if a medical accident occurs.

3. If the medical record is written by someone else but signed by the attending physician, there is no problem.

Legal basis: "Regulations of the Supreme People's Procuratorate and the Ministry of Public Security on the Standards for Filing and Prosecution of Criminal Cases under the Jurisdiction of Public Security Organs (1)" Article 57 People who have not obtained medical qualifications practice medicine illegally and are suspected of the following A case should be filed for prosecution under any of the following circumstances:

(1) The patient is mildly disabled or has organ and tissue damage leading to general functional impairment, or has moderate or above disability or organ and tissue damage leading to severe functional impairment, or Death;

(2) Causing the spread, epidemic or risk of spread or epidemic of Class A infectious diseases;

(3) Using counterfeit or inferior drugs or not complying with national regulations Standard sanitary materials and medical equipment are enough to seriously endanger human health;

(4) After illegally practicing medicine and being punished twice by the health administrative department, practicing medicine illegally again;

( 5) Other serious circumstances.

Any person who has any of the following circumstances shall fall under the provisions of this article as "a person who has not obtained the qualification to practice medicine is illegally practicing medicine":

(1) Practicing medicine without obtaining the qualification as a doctor or by illegal means Medical activities;

(2) Individuals opening medical institutions without obtaining the "Medical Institution Practice License";

(3) Engaging in medical activities while the physician's practicing certificate has been revoked according to law ;

(4) Engaging in rural medical activities without obtaining a rural doctor's practicing certificate;

(5) Home midwives performing medical activities other than home delivery.

The "mild disability, organ and tissue damage leading to general functional impairment" and "moderate or above disability, organ and tissue damage leading to severe functional impairment" stipulated in this article refer to the Ministry of Health's "Medical Accident Grading Standards (Trial)" 》Confirmed.