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General office of the national health and family planning commission of the professional medical practitioners law and other laws and regulations to supervise and inspect the work situation

2015年02月26日

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General office of the national health and family planning commission of the professional medical practitioners law "and other laws and regulations to supervise and inspect the work situation 
 
 
The 2015-02-25 national health and population and family planning commission of the People's Republic of China 



Countries who do supervision letter [2015] no. 116 



Provinces, autonomous regions and municipalities directly under the central government health and family planning commission, the xinjiang production and construction corps health bureau:
 
    2014 by organization to carry out the "professional medical practitioners law" and the "regulations on the administration of medical institutions", "byelaw of medical accident treatment", "rural doctors working regulations", the school health work regulations (hereinafter referred to as the "four rules" a method) to carry out the situation of supervision and inspection. Is presently as follows about the briefing:
 
    A, organize implementation
 
    By commission issued the "family planning important health laws and regulations supervision and inspection plan (2014-2017)" and "the national health and family planning commission comprehensive supervision coordination system, formed by the leading group leader comprehensive supervision work coordination group, held a national teleconference on project deployment, composed by the office of the general committee of the National People's Congress and the state council, the ministry of education, bureau of traditional Chinese medicine and by teams, to carry out the supervision of 12 provinces. Around in accordance with the unified by deployment and requirements, establish and improve the local comprehensive supervision coordination mechanism, seriously organize the implementation, and by commission shall submit the work summary. Beijing as laws and regulations on supervision and inspection work to consolidate the party's mass line education practice achievements of key project to catch; Jilin province will be incorporated into the supervision and inspection work target evaluation task, vigorously promote the supervision and inspection smoothly; Heilongjiang province health and family planning commission is responsible for comrades as a comprehensive supervision coordination team leader, improve the strength and coordination; To strengthen the supervision and inspection of the laws and regulations of tianjin news propaganda; Henan, gansu provinces such as strengthening training guidance to improve the quality of supervision and inspection; Entrust to supervise and inspect the situation of colleges and universities in hebei province third party assessment; Joint supervision, chongqing in conjunction with the provincial department of education of guangdong province, improve supervision authority; Shanghai, focus on the supervision and inspection found significant problem in Shanxi Province.
 
    Second, the main results
 
    (a) supervision and inspection results. One is the problems found in the inspection supervise and urge the rectification implementation in time, enhance the level of the family planning administrative department of health administration according to law and promoting the implementation of the laws and regulations. Around the second is to further investigate the base number, and summarizes the experience of practice, found in the implementation of the legal system and its problems, promote the perfection of legal system. 3 it is to gradually establish a comprehensive supervision work coordinate system and working mechanism, strengthen the comprehensive supervision and standardize, effectively promote the reform of local agencies and function change.
 
    (2) the "four rules" a method to implement the results. One is through the implementation of the professional medical practitioners law and the regulations on the administration of rural doctors from, physicians and rural doctors get vigorously strengthen team construction, basic protected the legitimate rights and interests, occupational behavior specification. Secondly, through the implementation of the regulations on the administration of medical institutions, medical service system, medical management system and health supervision system gradually improve, service ability and improve medical quality. 3 it is through the implementation of the regulations on the medical accident treatment, all parts of the country medical treatment accident prevention and disposal ability and level for promotion. Fourth, through the implementation of the regulations on the school health work, strengthening school health work, and further implement main task.
 
    Third, the main problems
 
    (a) the supervision and inspection work. Parts of a lack of understanding of the importance of supervision and inspection work, thought seriously insufficient, only ACTS as a "setter", combining with the jurisdiction actual formulate concrete implementation plan and organization deployment earnestly, has affected the quality of supervision and inspection. 2 it is part of the local comprehensive supervision coordination system, mechanism and organization failed to establish, provincial family planning administrative department of public health did not play the role of overall coordination, the laws and regulations on supervision and inspection work is equivalent to the special supervision of law enforcement, completely to the supervision and law enforcement agencies to organize the implementation, the comprehensive work of supervision and inspection. Three is on the problems found in part did not supervise and urge the rectification implementation in time, did not report to the supervision and inspection report according to the requirement, and supervise and inspect the data provided is not careful, not serious, omission, misstatement, the obvious between some of the reported data in the logic errors.
 
    (2) the "four rules" a method of implementation. There is laws and regulations to carry out the degree of imbalance, a medical institution layout planning system implementation does not reach the designated position, some illegal practice of medical institutions and health security system implementation problems in some school. The second is the guarantee of laws and regulations to carry out the conditions are not in place. Such as parts and basic medical service personnel, supervision and law enforcement personnel and school health supervision and guidance of professional talent shortage, lack of corresponding working funds. Three is part of the local health administrative departments of family planning administration according to law, the medical institutions and medical personnel in accordance with the law of practice and the school earnestly implement the consciousness of legal liability and level to ascend. Four is within the department and between departments work coordination mechanism needs to be further perfect, such as parts of medical talents cultivation, use and management as well as the linkage for school health communication with the related department cohesion is not enough, some local family planning administrative department of health communication connection between internal medical administration management and supervision and law enforcement, not set up the mechanism of information sharing, information construction lag, the work could not form resultant force. Part five is the "four rules" a method can meet the current economic and social development situation and grass-roots work reality, part of the legal system or operating method, lack of form a complete set of detailed rules for the implementation itself needs to be revised to perfect the laws and regulations.
 
    Fourth, the next step of work requirements
 
    (a) to carry out the laws and regulations on supervision and inspection, is the implementation of the party's 18 the spirit of the fourth plenary session of the important measures, are powerful guarantees for deepening the reform. Around, more attention must be paid on the basis of summarization on the supervision and inspection work, strengthen the leadership, improve the comprehensive supervision work coordinate system and mechanism, to strengthen the department coordination and cooperation, according to the supervision and inspection planning, solid to do a good job of supervision and inspection in the future.
 
    Around (2) of the outstanding problems found during the inspection (" four rules "a method of implementation of the specific circumstances of another) to take corresponding measures to solve them. The violation behavior to investigate and strongly urge the rectification in accordance with the law. The legal system reinforced overseeing implementation does not reach the designated position. Of local supporting regulations, rules and existing problems, and to report to the local people's congress and the government and to put forward modification opinion suggestion. Inadequate laws and regulations to perform necessary conditions, to strengthen the communication with local establishment, finance and other related departments to coordinate, actively strive for the support of the local government and relevant departments to strengthen supervision team construction, improve the funds safeguard mechanism, promote the laws and regulations in place, safeguard the rights and interests of the people's health.
 
    (3) the country to implement the "national health and family planning commission on comprehensively strengthen health family planning guidance for the construction of the rule of law" (the health legal system is sent [2015] no. 1) requirements, implement the responsibility system for "whoever enforcement method" the franco-prussian, popularizing the body of the family planning laws and regulations of health responsibility, the organization carries out various forms of the rule of law publicity and education activities, create good atmosphere of knowing law-abiding, strengthen the rule of law concept in the system, to improve the family planning administrative department of public health supervision and law enforcement agencies, takes office in accordance with the law consciousness and level of administration according to law to promote medical and health institutions in accordance with the law practice and schools to carry out the legal responsibility. 




General office of national health and family planning commission
 
On February 13, 2015