What are the current laws and regulations against illegal medical practice in China?

Notice of the Ministry of Health on the accountability of the special action to crack down on illegal medical practice

In order to conscientiously implement the spirit of the Notice of the General Office of the State Council on Launching Special Actions to Combat Commercial Fraud (Guo Ban Fa [2005] No.21), according to the Law of People's Republic of China (PRC) on Medical Practitioners, the Law of the People's Republic of China on Maternal and Infant Health Care, the Law of the People's Republic of China on Population and Family Planning, the Regulations on the Administration of Medical Institutions, the Regulations on Traditional Chinese Medicine, the Regulations on the Administration of Rural Doctors, and the Regulations on the Administration of Rural Doctors,

Prescribed release

Health bureaus of all provinces, autonomous regions and municipalities directly under the Central Government, and Health Bureau of Xinjiang Production and Construction Corps:

It was decided by the National Leading Group for the Special Action against Illegal Medical Practice that in order to conscientiously implement the spirit of the Notice of the General Office of the State Council on Launching the Special Action against Commercial Fraud (Guo Ban Fa [2005] No.21) and the requirements of the Special Action Plan against Illegal Medical Practice of seven ministries and commissions including the Ministry of Health, we should intensify efforts to crack down on illegal medical practice and follow the principles of administration according to law, law-abiding practice, strict law enforcement and investigation of dereliction of duty. Establish a long-term mechanism for the supervision of the medical service market with clear rights and responsibilities, standardized behavior and strong supervision, and effectively protect people's health rights and interests and life safety. According to the relevant laws, administrative regulations and relevant provisions of the state, we hereby put forward the following opinions on seriously investigating the administrative fault liability of the relevant personnel in the special campaign to crack down on illegal medical practice.

Principle of investigation

(a) adhere to the law and discipline, seeking truth from facts, objective and fair, accurately identify the nature of the mistake, the size of the responsibility, and deal with the situation differently. We should adapt punishment to responsibility and combine education with punishment.

(2) Adhere to the distinction between collective responsibility and individual responsibility, direct responsibility, major leadership responsibility and important leadership responsibility, and deal with it according to the cadre personnel management authority and the cadre appointment and removal authority. Collective responsibility should not replace individual responsibility.

Object of investigation

Health administrative departments at all levels, health supervision institutions and their staff, medical institutions organized by the government and their staff appointed by state organs fail to perform or improperly perform their statutory duties, causing hidden dangers and losses to people's health rights and interests and life safety. Responsibility should be determined and investigated.

(a) the person in charge of a medical institution has the leadership responsibility for standardizing the practice of this medical institution, and the main person in charge is the first responsible person. One of the following acts, in addition to the implementation of administrative penalties for medical institutions in accordance with the law, should also be held accountable for the responsibility of medical institutions organized by the government and their related personnel:

1, violating the Regulations on the Administration of Medical Institutions and other laws and regulations, and carrying out practice activities beyond the approved registration scope of the Practice License of Medical Institutions;

2, hire non health technical personnel to carry out medical activities;

3. Selling, transferring or lending the practice license of a medical institution;

4. Illegal identification of fetal sex or selection of sex to terminate pregnancy;

5, publishing false medical advertising information;

6, in violation of the relevant requirements of the national special campaign to crack down on illegal medical practice, there are orders and prohibitions;

7, other acts that should be investigated for responsibility.

(two) health administrative departments at all levels and health supervision institutions have the responsibility to supervise medical institutions. Health administrative departments at all levels, health supervision institutions and their staff members shall be held accountable for any of the following acts in the daily supervision of medical institutions:

1. Failing to seriously carry out the daily supervision of medical institutions in accordance with relevant requirements, dereliction of duty, dereliction of duty or other inaction;

2. Failing to perform their duties, abusing their powers, neglecting their duties or engaging in malpractices for selfish ends in the administrative licensing of medical institutions and the practice of doctors;

3. Failing to investigate, conceal or report complaints from the masses with clear clues, or failing to seriously investigate and deal with them after accepting them;

4. Failing to transfer cases suspected of violating party discipline and discipline regulations to the discipline inspection and supervision organs as required;

5. Failing to transfer the suspected criminal case to the judicial organ according to law;

6, there are other violations of law and discipline.

One of the following acts shall be dealt with severely

(a) in the special campaign to crack down on illegal medical practice, self-examination and self-correction are not serious, and problems found by superior supervision are not found in time or reported in time;

(2) refusing to handle the complaints transferred by the health administrative department at a higher level and the cases that need investigation and coordination outside the jurisdiction, deliberately delaying and influencing the investigation;

(3) 12 was ordered to correct for more than two times and refused to correct its violation of law and discipline;

(four) shielding, shielding or interfering with the investigation and handling of their duties;

(five) during the investigation and handling, still in violation of regulations, fraud;

(six) to take revenge on the insider who reported, exposed and exposed his fault.

In any of the following circumstances, accountability may be reduced or exempted.

(a) timely and correctly understand the existing problems, and take effective measures for rectification, actively recover losses or stop the expansion of harmful results;

(two) found problems through self-examination and self-correction, timely rectification, has not caused losses;

(three) take the initiative to account for their own violations of law and discipline and expose the violations of others.

Investigation form

Investigate the responsibility of the unit in the way of informed criticism; Individual responsibility shall be investigated according to organization, disciplinary action and criminal responsibility:

(a) the form of organizational treatment is:

1, informed criticism; 2. talk; 3. Transfer from the original post; 4. Cancel the promotion title and qualification within two years; 5, ordered to resign, demotion, dismissal, etc.

(two) the disciplinary action in accordance with the relevant provisions.

(3) To investigate criminal responsibility according to law.

inquiry procedure

In the special campaign to crack down on illegal medical practice, it is found that the administrative department of health, health supervision institutions and medical institutions have the behaviors listed in Article 2 of this opinion. At the same time of administrative investigation and handling of institutions according to law, a system of transferring and investigating administrative fault responsibility shall be established, and relevant materials shall be transferred to relevant departments in time to investigate the responsibilities of relevant personnel.

(a) directly managed institutions or personnel suspected of violating the law, by the personnel department or the discipline inspection and supervision department according to the relevant procedures for investigation and handling; Suspected of violating the law, transferred to judicial organs for handling according to law.

(2) The administrative department of health shall promptly put forward suggestions to the relevant units that have the right to deal with other persons responsible for violation of law and discipline, and transfer relevant evidence; It is suggested that the relevant units investigate and verify in time and deal with it according to discipline.

(three) all kinds of handling decisions and accountability records are stored in personal personnel files. The decision shall be reported to the personnel and discipline inspection and supervision department of the health administrative department at the next higher level for the record.

job requirement

(1) Change ideas and raise awareness. The implementation of administrative fault accountability in the special action to crack down on illegal medical practice is the need to promote administration according to law and build a government ruled by law, the specific requirement to implement the special action to crack down on commercial fraud in the State Council, and an important measure to ensure the realization of the goal of cracking down on illegal medical practice. Health administrative departments at all levels must fully promote the special action to crack down on illegal medical practice, earnestly safeguard the people's health rights and interests, consolidate a good medical service market order, realize the necessity and urgency of carrying out this work, firmly establish the idea of "responsibility is consistent with power for the people", and conscientiously implement the work of accountability.

(2) Strengthen organizational leadership and make steady progress. Health administrative departments at all levels shall, in accordance with the requirements of this opinion, conscientiously do a good job in accountability. It is necessary to establish a working mechanism in which the top leaders take overall responsibility and take charge of the leadership, and the supervision departments, personnel departments and discipline inspection and supervision departments cooperate closely and implement them at all levels. To carry out accountability, we must be firm, cautious, lenient and strict, and ensure the effective promotion of accountability.

(3) Strengthen communication and strive for support. Health administrative departments at all levels should strengthen coordination and communication with the government and relevant departments, report to local government leaders in a timely manner, and strive for the support and attention of local governments. It is necessary to strengthen the connection with discipline inspection and supervision organs and judicial organs to ensure the timeliness of investigation.

(4) Strengthen supervision and inspection to ensure that the work is implemented. The health administrative department at a higher level shall strengthen the supervision and guidance of the work of the health administrative department at a lower level, and make suggestions to the health administrative department at a lower level in a timely manner for those who should be held accountable. If the health administrative department at a lower level fails to hold the accountability according to the requirements or refuses to adopt the suggestions of the health administrative department at a higher level and fails to explain the reasons in writing, it may put forward suggestions to the supervisory organ on the accountability of the relevant leaders of the health administrative department at a lower level according to law and discipline, and send a copy to the local people's government.

2005125 October