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About print and distribute "the medical treatment organization practitioners discipline illegal A survey of processing the interim measures of notice

 

 

 

In WeiJiFa [2011] no. 22

 

        All provinces, autonomous regions, municipalities directly under the central government health TingJu, xinjiang production and construction corps health bureau, health authorities, each department bureau people directly under each unit, the state administration of traditional Chinese medicine:

        To strengthen the supervision of the medical institution from personnel management, serious industry discipline, promote medical institutions from personnel of the investigation and handling of discipline violate compasses problem work standardization, procedure, according to the relevant provisions of the party discipline ZhengJi medical and health care industry regulations, combine with reality, the discipline, the ministry of health in JiJianZu in health supervision organization established "the medical treatment organization practitioners discipline violate compasses problem interim measures for the investigation and handling (hereinafter referred to as the interim measures"). Hereby printed and distributed to you, please earnest implementation.

 

        Employees of medical institutions discipline problems in time to make the investigation and handling of illegal, since the health administrative departments at all levels and the medical institutions is an important duty, is also to strengthen the administration of medical institutions, serious industry is the inevitable requirement of discipline. The interim measures stipulated the administrative department of public health and medical institutions dealing with medical institutions survey employees discipline of violate compasses problem specific procedures and measures, for the health administrative departments at all levels and medical institutions right, timely perform case investigation work duties and responsibilities to ensure medical health industry each rules and discipline and the medical treatment inside the organization the implementation of the rules and regulations, and further improve the medical health industry management level, serious industry discipline and promote medical health system reform deepening and promote the healthy development of medical and health service, have very important sense.

 

        Public health administrative department at various levels and medical institutions, leading cadres should implement fully understand the importance of the interim measures and pay much attention to case investigation work, combined with the executive responsibility system for incorruptness and health report work responsibility system, strengthen leadership and working instruction, from institutions, personnel, the funds to support the case for investigation, as a health system of punishing and preventing corruption system construction important tasks, as a great event in real earnest. Health system of discipline inspection institutions at various levels to earnestly perform their duties, the thorough study and strictly carry out the interim measures, and strengthen the lower administrative department of public health and medical institutions within the jurisdiction of guiding investigation cases, to ensure that the interim measures into practice.

 

        Each area of each unit of implementing the interim measures of opinions and Suggestions, please promptly report to the ministry of health of the discipline in JiJianZu supervision.

 

        In the ministry of health of the discipline JiJianZu in health supervision

 

On December 30, 2011

 

 

Medical institutions employees discipline violate compasses problem interim measures for the investigation and handling

 

The first chapter is always

 

        Article 1 in order to strengthen the employees of medical institutions of supervision and management, serious industry discipline, promote medical institutions from personnel of the investigation and handling of discipline violate compasses problem work standardization, procedure, according to the relevant provisions of the party discipline ZhengJi medical and health care industry rules and regulations, and combining the actual medical institutions, these measures.

 

        Article 2 the administrative departments for public health medical institutions or medical institutions to provide employees within the agency employees discipline violate compasses problem for the investigation and handling of the scope of the measures. Laws, administrative rules and regulations or party rules for medical institutions from personnel of the investigation and handling of discipline violate compasses problem unless otherwise stipulated, the provisions shall apply.

 

        Article 3 the term "medical agency employees discipline violate compasses problem (hereinafter referred to as the discipline violate compasses problem), it is to show medical institutions at various levels and employees, in violation of the party discipline ZhengJi and medical and health industry regulations, discipline and this unit interior relevant system, the problem of provisions.

 

        Article 4 the investigation and handling of the discipline violate compasses problem must adhere to the principle of seeking truth from facts, and facts are clear, do the evidence, qualitative accurate, deal with properly, the legal procedure, the procedure is complete.

 

        Article 5 the investigation and handling of the discipline violate compasses problem must adhere to the principle of equality before the discipline, the education with punishment combined.

 

The second chapter and tube

 

        Article 6 discipline violate compasses problem for the investigation and handling of grading, each its work system.

 

        Article 7 public medical institutions and other members of the leadership by the competent department of personnel appointed discipline violate compasses problem, according to the cadre management authority, appointed by the authority in accordance with the relevant provisions investigations.

 

        Article 8 public medical institutions, medicine, medical care, technicians and the provisions of article 7 other than the general administrative, logistics, personnel management discipline violate compasses problem, the medical institutions shall, in accordance with the stipulations of the present procedures program investigations.

 

        Article 9 the health administration department at a higher level of lower to strengthen the administrative department of public health and medical institutions within the jurisdiction of the investigation and handling of discipline violate compasses problem of guiding, at a lower level of the administrative department of health or medical institutions within the jurisdiction under the jurisdiction of the major, typical violate compasses problem discipline and, when necessary, health administration department at a higher level may directly organize investigation.

 

The third chapter is Richard

 

        Article 10 the public health administrative department and medical institutions shall determine special organs or personnel, be responsible for this unit discipline violate compasses problem report accepts the work.

 

        Article 11 the administrative department of public health and medical institution shall report to the public phone number, address, E-mail and reports the reception of time, place, announced the relevant rules and regulations, a medical institution shall be the outpatient hall in such personnel quite centralized place JuBaoXiang set up, the report provides the necessary condition.

 

        Article 12 the administrative department of public health and medical institutions of received discipline violate compasses problem reported pieces, must by a CaYue, by special organs or personnel uniform registration Numbers. The main content of the registration should include: the basic situation report by (name, unit, political affiliation, and position), reflected the main problems and reflect basic situation (anonymous, anonymous or joint).

 

        By phone or face to face to reveal, answer, receive personnel shall truthfully record, and according to the provisions of the preceding paragraph registration Numbers.

 

        Article 13 the administrative department of public health and medical institution shall report and perfect work system and working mechanism, ensure safety, complete report a reception, and confidentiality, shall not be lost or damaged.

 

        Article 14 the administrative department of public health and medical institutions in daily inspection work discipline problems found in violation clues, to be in accordance with the access to the jurisdiction of the corresponding department or unit in accordance with regulations.

 

        Article 15 of the receipt of discipline violate compasses problem clues and materials, different cases shall be the following treatment:

 

        (1) belongs to this unit jurisdiction, by this unit related functions is dealt with;

 

        (2) belong to the higher level units of jurisdiction, shall be based on the original report form letters will submit a superior have jurisdiction over the processing unit, xerox retained;

 

        (3) belong to lower unit jurisdiction, shall report the clues and material to the lower have jurisdiction over the unit deals with and, when necessary, ask to report in time for the results;

 

        (4) to do not belong to the administrative department of public health and medical agencies within the scope of jurisdiction of the report, should its materials to the relevant units processing, or told the visitors to relevant unit reflect the letter;

 

        (5) to important clues and materials discipline violate compasses problem shall be promptly to this unit chief report.

 

        Article 16 the administrative department of public health and medical institutions to belong to this unit responsible for discipline violate compasses problem clues and materials, and every item shall be the centralized management, registration, regular research, collective testing by a preliminary review. After the preliminary examination, approval by the unit chief respectively make the following treatment:

 

        (1) think illegal facts do not exist discipline, discipline or violate compasses problem too general clues, do not have to check sex, prosecutor and can't provide new clues of the supplement, to settle, or temporary, the clues and material file for future reference;

 

        (2) we think are being though mistakes, but discipline illegal if the circumstances are minor, do not need to be further investigation, deal with the criticism education, or instruct its review, correct;

 

        (3) think that has discipline illegal facts, need for further investigation, according to the relevant provisions of these provisions organization survey.

 

The fourth chapter the check

 

        Article 17 the administrative department of public health and medical agencies to accept discipline violate compasses problem need to investigate and verify, should seasonable organization investigation, no delay.

 

        Article 18 the discipline to survey to violate compasses problem, be responsible for investigation unit should be based on the conditions organization investigation team. Investigation should be generally by this unit discipline inspection and supervision institutions lead organization. The complex problem, the discipline inspection and supervision organization takes the lead, related functional departments to, made up of the joint investigation team, also but according to need to investigate the problem of the nature and unit within the department of responsibilities, led by related department of joint investigation team.

 

        When necessary, can coordinate the expert to investigation, participate in relation to specific professional problem investigation.

 

        Article 19 investigation team must be familiar with the investigation, knowledge of the relevant policies and regulations, to research and develop survey program, and the persons being investigated place unit or department timely communication and coordination.

 

        Investigator place unit or department should cooperate with panel survey work.

 

        Article 20 the investigation team shall be in strict accordance with the according to laws and regulations, objective comprehensive collection and obtaining various can prove investigator have discipline violate compasses problem or violate compasses problem without discipline, discipline and the seriousness of the problem illegal evidence.

 

        The evidence must be verified before it can be as the resulting according to.

 

        Article 21 the investigation and evidence collection personnel shall not be less than two people. Investigation of evidence, it shall indicate identification.

 

        Article 22 the investigation team can according to the stipulated procedures, to take the following measures investigation of evidence, and the relevant administrative department of public health, medical institutions and their within the department and personnel should provide the evidence, and may not refuse or obstruct:

 

        (1) access, copy and the content of the document, medical records, books, receipts, prescription, meeting record written materials;

 

        (2) request the relevant administrative department of public health, medical institutions and their within the department, departments provide and the content of the relevant document, data and written materials and other necessary case;

 

        (3) and relevant personnel conversation, asking them to explain the problem of the investigation involves;

 

        (4) to the investigation involves professional problem, apply to the competent special organs or personnel to make appraisal conclusion;

 

        (5) collected according to laws and regulations in accordance with the other can prove that study of the real problems all the evidence.

 

        Article 23 the investigation process, should strengthen and public security, procuratorial, industry and commerce, discipline inspection and supervision and law enforcement authority govern the coordination, a joint effort. Really necessary to request the public security and judicial organs and other enforcement law enforcement agencies for assistance, should according to relevant regulations.

 

        Article 24 the investigation team will discipline that should be illegal facts written materials and is illegal facts discipline survey people again. Made a survey of the people shall be adopted by the reasonable opinion, when necessary, shall be for supplementary investigation; To not reasonable opinion, should write a description of based on facts.

 

        The person shall be investigated discipline illegal facts material and sign signing comments, also can attach written opinion. Refused to sign the opinions or signed by investigators in illegal facts indicate materials discipline.

 

        Article 25 after investigation, the investigation team shall write a report. The report's basic content includes: the persons being investigated, the basic situation investigation, discipline violate compasses problem the facts, nature; By investigation and relevant personnel duty; Investigator attitude and discipline to the opinions of the illegal facts materials; Processing basis and processing opinions or Suggestions. To survey the negative problems should be made clear. The important problems are difficult to be determined to use the method of realism to reflect. Survey report must be signed by all the members of the group.

 

        Survey commissioned discipline violate compasses problem, survey report should undergo entrust unit leadership meeting in collective research commissioned unit name report entrust unit at a higher level.

 

        Article 26 the investigation process, found that violate compasses problem of serious discipline, investigation should be timely advice the relevant departments to take necessary organization means or remedy measures to prevent the problems to expand.

 

        Article 27 the discipline violate compasses problem after investigation end, need to be investigated for relevant personnel, ZhengJi responsibility or make the party discipline organization processing, should according to relevant provisions to trial.

 

        Discipline inspection and supervision institutions should be in the discipline of the investigation violate compasses problem outside personnel shall be separately organization or transferred staff trial group, according to "the party's discipline inspection authority case work ordinance and the supervisory organs ZhengJi cases in the interim measures and other relevant provisions for trial.

 

        Article 28 violation of discipline survey of time limit for three months and, when necessary, can extend a month. The importance of the problem or complex, in the extended period still cannot fit fostering, by unit collective leadership decided to extend the time after the investigation.

 

Chapter 5 place reason

 

        Article 29 the discipline violate compasses problem investigation after the trial, after investigation unit leadership collective research, different cases, according to the following principles treatment:

 

        (1) have discipline illegal facts, needs to give the party discipline and ZhengJi sanctions, according to relevant regulations, or in accordance with the authority to make Suggestions to the relevant units discipline sanctions or administrative sanctions decision.

 

        (2) a disciplinary violations facts, but you don't need to give ZhengJi dispose of the discipline, propose relevant units shall be in accordance with the present provisions of article 31 to make appropriate treatment.

 

        (3) think need other authorities shall give treatment by, shall be transferred to relevant authorities deal;

 

        (4) to discipline illegal facts not exist, should we place unit to be explained the situation and, when necessary, can take the appropriate forms to be report shows a case or in a certain range to be clarified.

 

        Article 30 a violation of discipline, the employees of the problem, need to dispose of the party discipline, should according to "the Chinese communist party discipline regulations", respectively give warning, serious warning, cancel within the party position, LiuDangChaKan, expelled from the party's disciplinary action.

 

        To the employees of the discipline violate compasses problem, need to give the ZhengJi sanctions, should according to "civil servants administrative punishment regulations and other relevant provisions, shall be given warning, give a demerit, JiDaGuo, degradation, removed, from the administrative sanctions.

 

        Article 31 a discipline to violate compasses problem employees, do not need to give the party discipline, ZhengJi sanctions, or has made the party discipline, ZhengJi sanctions, still need and make the organization processing, should be in accordance with the relevant provisions to give the following treatment:

 

        (1) criticism education, criticized, cancel the job qualification or to decide relevant academic committee qualification;

 

        (2) the buckle sends performance wages, were;

 

        (3) suspended, HuanPin, fired DaiPin, remove to employ contract;

 

        (4) removed from the jobs, adjust the position, forced to resign, removal;

 

        (5) warned, suspend the practice activities, revoke a practice certificate.

 

        Above treatment method can be used separately, also can use merger.

 

        Article 32 the medical institutions from personnel of the party discipline by sanctions, administrative sanctions or by judicial organs shall investigate the criminal responsibilities, or be exempted from punishment, be exempted from investigation of criminal responsibility, place a medical institution shall, in accordance with relevant provisions of the present measures to listed in article 31 of the corresponding processing.

 

        Article 33 for medical organization practitioners need to be given disciplinary violate compasses problem these measures article 31 (1) to (four) listed in item types of treatment, according to management authority, and the relevant organization personnel department or the relevant units in accordance with regulations; Article 31 the need to give way to item (5) deal with kinds of listed by the relevant administrative department of public health in accordance with law.

 

        Article 34 the relevant departments or units shall timely execution processing results, and will perform in time to the written feedback discipline violate compasses problem investigation department or unit.

 

        Article 35 the administrative department of public health and medical institutions should pay attention to the function may play a handling, use of typical cases in warning education, for reasons quite perfect regulations and, when necessary, can according to carry out special control problems.

 

        Article 36 the medical institutions of punishment or employees handle disaffected, can receive sanctions, processing after notice, in accordance with the relevant provisions, apply for review or file a petition.

 

        Check and appeal to dispose of or not be stopped during the execution of the processing.

 

Chapter 6 discipline law

 

        Article 37 the investigators shall strictly abide by the following discipline:

 

        (1) to be no investigation or relevant researchers used breach of laws, regulations or the party discipline and ZhengJi method;

 

        (2) no will inform the public prosecutor, witnesses and irrelevant personnel, no will to report materials, proof materials to be public and its friends and relatives;

 

        (3) no leak investigation measures of intends to investigate and all the situation, not spread evidence materials;

 

        (4) are not allowed to fake, falsify, hide, destroyed evidence, deliberately exaggerated or narrow problem;

 

        (5) are not allowed to accept and be survey question about the property and other personnel interests;

 

        (6) survey, the investigation team members such as there are different views, can keep, but may not be foreign disclosed.

 

        Article 38 the investigators have one of following state, should be to avoid, investigator, prosecutor and other relevant personnel also shall have the right to demand withdrawal:

 

        (1) is investigated by the close relative;

 

        (2) is to investigate the problem of the prosecutor, main witness;

 

        (3) I or close relatives and to investigate the problem of the interested;

 

        (4) and to investigate the problem have other relationships, which may affect the impartiality of the investigation.

 

        Investigators and the withdrawal of the unit shall be responsible for the investigation by the head of the decision.

 

        The withdrawal of investigators before the decision, investigators don't stop to the investigation team work.

 

        Article 39 the persons being investigated or other relevant personnel has one of following action, but according to the seriousness of the case, to give the criticism education, a notification, Suggestions suspended inspection or corresponding processing, damage or crime, move send a judiciary processing.

 

        (1) block, resist investigators exercise of power according to law;

 

        (2) refuses to provide relevant document, data and proof materials;

 

        (3) hide the fact, hide or destroy evidence, perjury, issued by the duty;

 

        (4) shield discipline of violations;

 

        (5) to retaliate against prosecutor or investigators.

 

Chapter 7 is attached

 

        Article 40 of the discipline of the measures in JiJianZu, the ministry of health in health supervision is responsible for the explanation.

 

        Article 41 other medical treatment unit discipline violate compasses problem employees for the investigation and handling the present measures.

 

        Article 42 of these measures on the day of its promulgation.