Seven situations in which medical and aesthetic institutions may be revoked
2020-06-16
With the implementation of the state's policy of encouraging society to run medical institutions, medical and beauty institutions are experiencing a spurt of growth. However, medical and beauty institutions often face the risk of being revoked the "License for Medical Institutions" due to non-compliant practices. This article sorts out the illegal acts that may face the administrative punishment of revoking the "License of Practice in Medical Institutions" in the operation of medical and aesthetic institutions to remind medical and aesthetic institutions to operate in compliance.
1. It is beyond the scope of diagnosis and treatment and the situation is serious.
The “License for Medical Institutions” clearly records the scope of diagnosis and treatment of medical and aesthetic institutions. Medical and aesthetic institutions must carry out diagnosis and treatment activities in accordance with the approved registration of medical treatment subjects. However, in practice, some medical and aesthetic institutions fail to conduct diagnosis and treatment according to the scope of diagnosis and treatment Circumstances, such as: medical and aesthetic institutions carrying out general anesthesia surgery without obtaining anesthesia diagnosis and treatment qualification, carrying out surgery in violation of surgical classification management regulations, etc. According to Article 47 of the “Regulations for the Administration of Medical Institutions” and Article 80 of the “Implementation Rules of the Regulations for the Administration of Medical Institutions”, the cumulative income of medical activities beyond the scope of the registered medical treatment subjects is more than 3,000 yuan or causes damage to the patient. Facing the revocation of the "License of Medical Institution".
2. Selling, transferring, or lending the "License to Practice Medical Institution", where the circumstances are serious.
Medical and aesthetic institutions usually contract the institution to a third party for operation and management in the form of an operation management agreement. The third party is mainly a non-health technology professional. If the act is deemed to be selling, renting, or lending the "Practice License of Medical Institution", and Causes damage to patients. According to Article 46 of the Regulations for the Administration of Medical Institutions and Article 79 of the Implementation Rules of the Regulations for the Administration of Medical Institutions, medical and aesthetic institutions will be deemed to be selling, transferring, or lending the License for Medical Institutions. Facing the revocation of the "License of Medical Institution".
3. The use of non-health technical personnel to engage in medical and health technical work is serious.
Medical and aesthetic institutions often use non-health technical personnel to engage in medical and health technologies due to the lack of health professionals, such as: collecting medical history, issuing examinations, treatment or surgery, and communicating with treatment. According to Article 48 of the Regulations for the Administration of Medical Institutions and Article 81 of the Implementation Rules of the Regulations for the Administration of Medical Institutions, the use of more than two non-health technicians to engage in diagnosis and treatment activities or the use of non-health technicians causes damage to patients or uses hygienic Technical personnel engaged in diagnosis and treatment activities other than their majors may face administrative penalties for revoking the "License for Medical Institutions".
4. A medical accident has occurred and the circumstances are serious.
According to Article 55 of the "Regulations on the Handling of Medical Accidents", if a medical accident occurs that causes serious disability or death to the patient, the medical and aesthetic institution shall bear the main responsibility and above, and it will be deemed to be serious and faced with the competent authority. The company was ordered to suspend business for rectification within a limited time until it was revoked the “License to Practice Medical Institution”.
5. Purchasing, using or violating prescriptions in violation of the Drug Administration Law of the People's Republic of China and the Prescription Management Measures.
In order to reduce operating costs, medical and aesthetic institutions, if they purchase drugs or use counterfeit, inferior drugs, expired and expired drugs and other prohibited drugs from companies or individuals without a "drug production license" or "drug business license", use Those who have not obtained the right to prescribe and doctors who have been revoked from the right to prescribe prescriptions, and those who have not obtained the qualifications for professional technical positions in pharmacy to engage in prescription transfers, will face the revocation of the License for Medical Institutions.
6. If the medical advertisement is issued illegally, the circumstances are serious.
Advertising is an important way for medical and aesthetic institutions to attract customers. However, when medical and aesthetic institutions publish advertisements, there are a lot of non-compliant behaviors, such as publishing advertisements without reviewing or approving advertisements, ensuring the effect of surgery, and using her without authorization from others. Photos are used for commercial propaganda, publishing false advertisements, using minors as advertising spokespersons, and publishing medical advertisements on minors' mass media. According to Articles 55 and 58 of the "Advertising Law of the People's Republic of China" and Article 20 of the "Administrative Measures for Medical Advertisements", medical and aesthetic institutions will be deemed to publish medical advertisements illegally, and there will be more than three illegal acts or other serious circumstances within two years. If you do, you will face the revocation of the License for Medical Institutions.
7. There are serious problems in the management of medical and aesthetic institutions.
If the medical and aesthetic institution does not complete the verification of the "License of Medical Institution" and does not stop the diagnosis and treatment activities, it shall be ordered by the competent department to renew the verification procedures within a specified period, but the verification will not be performed within the specified period; If there are hidden dangers of serious accidents that directly affect medical safety, medical and aesthetic institutions may refuse to make corrections within a time limit. According to Article 45 of the “Regulations for the Administration of Medical Institutions” and Article 54 of the “Measures for Prescription Administration”, medical and aesthetic institutions may be revoked from the “License for Medical Institutions”.
