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国家禁止非法行医的目的是,确保医师对医疗行业的独占地位,防止没有专业技术和知识的无证者滥诊滥疗给一般民众带来健康安全方面的危险。因此,在非法行医的语境下,应将医疗行为定义为,若非由医师实施就可能引发健康安全方面的危险的行为。医疗行为应该是职业行为。医疗行为的内涵中不必然包括治疗要素,但是必须包含技术要素和危险要素。医疗行为不限于直接引发健康安全方面的危险的诊断、用药、处方等行为;间接或消极引发此危险的行为也应包含在医疗行为的范畴之内。
The purpose of the State prohibiting illegal medical practice is to ensure that doctors occupy an exclusive place in the medical profession and prevent health and safety risks to the general public as a result of the indiscriminate treatment of undocumented doctors without professional skills and knowledge. Therefore, in the context of unlawful practice, medical practice should be defined as a health and safety hazard that can arise without being performed by a physician. Medical behavior should be professional behavior. The meaning of medical behavior does not necessarily include the treatment elements, but must include the technical elements and risk factors. Medical practices are not limited to the direct diagnosis of health and safety hazards, medication, prescription and other acts; indirectly or negatively trigger this danger should also be included within the scope of medical behavior.