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Rules for the implementation of administrative regulations on medical institution
The people's Republic of China Ministry of health to
Article35No.
The release of "medical organization management regulations", ask comply with to carry out.
Minister Chen Minzhang
In August 29, 1994
Rules for the implementation of administrative regulations on medical institution
General principles of the first chapter
Article 1According to the "Regulations on medical institution" (hereinafter referred to as the regulations) development of the rules.
Article secondThe regulations and these rules referred to medical institutions, which is based on the regulations and the provisions of the detailed rules, the registered and obtain the "practice license of medical institution" institution.
Article thirdThe category of medical institutions:
(a) general hospital, hospital of traditional Chinese medicine, traditional Chinese and Western medicine hospital, the National Hospital, hospital, a rehabilitation hospital;
(two) maternal and child health hospital;
(three) health center, countryside (town) hospitals, community hospitals;
(four) the sanatorium;
(five) comprehensive out-patient department, specialist out-patient, out-patient Chinese medicine, traditional Chinese and Western medicine out-patient department, national medicine out-patient department;
(six) clinic, clinic, national medicine clinic, health clinic, clinic, health care, health station;
(seven) the village health room ();
(eight) the emergency center, the first aid station;
(nine) Center for clinical laboratory;
(ten) specialized disease prevention and cure center, specialized disease prevention and control of the disease prevention and control, college station;
(eleven) School of nursing, nurses' station;
(twelve) the other medical institutions.
Article fourthFrontier health and quarantine, health and epidemic prevention, medical research and teaching institutions in the agency business to carry out medical activities beyond the scope as well as beauty service agencies to carry out medical beauty business, must according to the regulations and these rules, the application for the establishment of the corresponding category of medical institutions.
Article fifthChinese people's Liberation Army and the Chinese people's armed police forces and foreign medical institutions, by the local health administrative departments in accordance with the regulations and the detailed rules of management.
Chinese people's Liberation Army Logistics health departments responsible to the local health administrative department to provide the army medical institution's name and address.
Article SixthDiagnosis and treatment of medical institutions in accordance with the law to engage in activities protected by the law.
Article seventhThe administrative department of health shall independently exercise the powers of supervision and management. No entity or individual may interfere.
The second chapter is set for approval
Article eighthThe provinces, autonomous regions, municipalities directly under the central government shall, in accordance with local "plan for the establishment of medical institutions" reasonable disposition and utilization of medical resources.
"Plan for the establishment of medical institutions" by the local health administrative department at or above the county level on the basis of "medical institutions planning principles" developed, as a health administrative department at the same level, people's government for approval, in the administrative area release carry out.
"Guiding principle" plan for the establishment of medical institutions shall be formulated separately.
Article ninthA local health administrative department at or above the county level according to the "medical institutions planning principles" provisions of the powers and procedures of the organization and implementation of the administrative area "plan for the establishment of medical institutions", regular evaluation of implementation, and the evaluation results according to the annual to the upper level administrative departments of health and the people's Government of the report.
Article tenthMedical institutions not classified, form of system of ownership, subordinating relation, service object, set it must conform to the plan for the establishment of medical institutions "local".
Article eleventhBeds in the more than one hundred general hospital, hospital of traditional Chinese medicine, traditional Chinese and Western medicine hospital, the National Hospital and specialist hospitals, nursing homes, rehabilitation hospitals, maternal and child health hospital, the emergency center, Center for clinical laboratory and specialized disease prevention and control institutions set the examination and approval authority division, by the province, autonomous region, municipality directly under the central government health administration; other medical institution, the health administrative department in charge of examination and approval.
Article twelfthAny of the following circumstances, may apply for the establishment of medical institution:
(a) not to bear civil liability independently unit;
(two) is now in prison or do not have full civil capacity person;
(three) medical institutions serving, sickness resigned or unpaid leave for medical personnel;
(four) more than two of medical accident is not full five years of medical staff;
(five) for violating the relevant laws, regulations and rules, has been revoked certificate of medical staff;
(six) revoked its "practice license of medical institution" medical institutions of legal representative or principal responsible person;
(seven) the province, autonomous region, municipality directly under the central government and city hall health administrative departments under other circumstances.
With the article (two), (three), (four), (five), (six) the circumstances, shall serve as the medical institutions of the legal representative or principal responsible person.
Article thirteenthIn the city set up clinics individuals, must also meet the following conditions:
(a) the practice of technical qualification, obtain "doctor practicing certificate";
(two) achieved "doctor practicing certificate" or the title of doctor, engaged in more than five years the same professional clinical work;
(three) the province, autonomous region, municipality directly under the central government the administrative department of health under other conditions.
Physicians practicing technical standards shall be formulated separately.
In villages and towns and village set up clinics to individual conditions, by the province, autonomous region, municipality directly under the central government health administration.
Article fourteenthLocal people's governments at various levels for establishment of medical institution, designated by the government or the appointed medical institutions of the person in charge of the preparation of application; legal persons or other organizations the establishment of a medical institution, the representative applications; personal settings for medical institutions, by setting for partner of over two people; the establishment of a medical institution, the partners shall jointly apply for.
Article fifteenthByelaw the tenth regulation set submitted the feasibility study report include the following contents:
(a) name of application, basic situation as well as the applicant 's name, age, professional experience, identity card number;
(two) local population, economic and social development of;
(three) located in the health status of populations and disease prevalence and related disease prevalence;
(four) the area of medical resources distribution and the medical service demand analysis;
(five) the medical institution's name, location, function, task, the service radius;
(six) the medical service mode, time, medical subjects of diagnosis and treatment and bed preparation;
(seven) the medical organizational structure, staffing;
(eight) the medical instruments, equipment equipped with;
(nine) the medical institutions and the service radius of other medical institutions and influence;
(ten) the medical institution sewage, sewage, excrement disposal scheme;
(eleven) the medical institutions of the communication, power supply, plumbing, fire facilities;
(twelve) the sources of funds, investment, the total amount of investment, registered capital (capital);
(thirteen) the medical institutions of the investment budget;
(fourteen) the medical institution within five years of the prediction of cost and benefit analysis.
And the attached application design unit or set of human references.
The application for the establishment of out-patient department, clinic, health clinic, clinic, health care, health station, village health room (), nurses' station and other medical institutions, according to the appropriate simplified setting the feasibility study report.
Article sixteenthByelaw the tenth regulation submitted a report of the site include the following contents:
(a) location based on;
(two) the location areas where the environment and public facilities;
(three) the location and surrounding kindergartens, schools, food production and business operation entity distribution relationship;
(four) covers an area of and building area.
Article seventeenthBy two or more legal persons or other organizations jointly apply for the establishment of medical institutions as well as the partner of over two people apply for the establishment of a medical institution, in addition to the feasibility study report and site selection report, must also be submitted by the parties signed the agreement book.
Article eighteenthThe architectural design of the medical institution must be approved by the approval authority to review the agreement, Party construction.
Article nineteenthByelaw the twelfth regulation set of applications for the time, since the regulations and the detailed rules of all materials date.
Article twentiethA local health administrative department at or above the county level according to the local "plan for the establishment of medical institutions" and the detailed rules for examination and approval of medical institutions.
Application design of medical institution is under any of the following circumstances, not approved:
(a) does not conform to the local "plan for the establishment of medical institutions";
(two) setting does not comply with the prescribed conditions;
(three) does not provide total investment credit certificate;
(four) the total amount of investment can not meet the budget;
(five) medical institutions irrational address;
(six) water, dirt, fecal treatment scheme is reasonable;
(seven) the province, autonomous region, municipality directly under the central government health administrative departments under other circumstances.
Article twenty-firstThe public health administrative department shall issue "approval certificate for establishment of medical institution" at the same time, to the upper level health administrative departments for the record.
The superior administrative departments of public health shall have the right to report within thirty days from the date of correction or cancellation of inferior health administrative departments make does not conform to the local "plan for the establishment of medical institutions" settings for approval.
Article twenty-second"Approval certificate for establishment of medical institution" is valid, by the province, autonomous region, municipality directly under the central government health administration.
Article twenty-thirdChange the "approval certificate for establishment of medical institution" approved medical institutions of the category, scale, location and diagnosis subjects, must be in accordance with the regulations and the provisions of the detailed rules, to apply for the examination and approval procedures.
Article twenty-fourthLegal persons and other organizations set for internal staff service in out-patient department, clinic, health center (room), by the setting unit before the registration of practice in the medical institutions, to the local county level health administrative departments for the record, and shall submit the following materials:
(a) setting unit or its administrative department the establishment of a medical institution's decision;
(two) "setting the record of medical institution".
The public health administrative department shall, after receiving the record within fifteen days after the receipt of medical institutions to give "settings".
The third chapter registration and verification
Article twenty-fifthApplication for the practice registration of a medical institution must fill in "medical institution for the practice registration book", and submit to the registration authorities the following materials:
(a) "approval certificate for establishment of medical institution" or "the establishment of a medical institution of the receipt";
(two) medical institutions housing property certificate or proof of use;
(three) medical institutions of architectural design plans;
(four) the capital verification certificate, assets assessment report;
(five) rules and regulations of health care organizations;
(six) medical institutions, the legal representative or principal responsible person and the Department responsible for the directory and the relevant qualification certificate, a copy of a practicing certificate;
(seven) the province, autonomous region, municipality directly under the central government, the health administrative department in accordance with the other materials.
Application of out-patient department, clinic, health clinic, clinic, health care and health station registration, shall also submit the attached pharmacy (cabinet) drug categories, health technical personnel list and relevant qualification certificate, certificate and copy of the province, autonomous region, municipality directly under the central government health administration of other materials submitted.
Article twenty-sixthRegistration authority in accepting the practice registration of a medical institution after application, should be in accordance with the Regulations stipulates that the sixteenth conditions and regulations the provisions of the nineteenth frame are reviewed and the on-the-spot investigation, verification, and the practitioners of disinfection, isolation and aseptic operation of basic knowledge and skills of the spot examination. Audited qualified, to the "practice license of medical institution"; unqualified audit, the audit results approve the reason and notify the applicant in writing.
"Practice license of medical institution" by the Ministry of health and its copies printed.
Byelaw the nineteenth regulation practice registration applications, since the regulations and the detailed rules of all materials date.
Article twenty-seventhApplication for the practice registration of a medical institution is under any of the following circumstances, registration:
(a) does not accord with the "approval certificate for establishment of medical institution" approved matters;
(two) "does not meet the basic standards for medical institutions";
(three) the investment does not reach the designated position;
(four) medical institutions can not meet the medical service function room;
(five) communication, power supply, sewage and other public facilities can not meet the normal operation of medical institutions;
(six) rules and regulations of the medical institution does not meet the requirements;
(seven) disinfection, isolation and aseptic operation of basic knowledge and skills of the spot examination;
(eight) the province, autonomous region, municipality directly under the central government health administrative departments under other circumstances.
Article twenty-eighthThe practice registration of a medical institution:
(a) category, name, address, legal representative or principal responsible person;
(two) the form of system of ownership;
(three) the registered capital (capital);
(four) service mode;
(five) medical subjects;
(six) housing construction area, beds (chair);
(seven) the service object;
(eight) the number of workers;
(nine) the practice license registration number (medical institutions code);
(ten) the province, autonomous region, municipality directly under the central government health administrative departments under other registration matters.
Out-patient department, clinic, health clinic, clinic, health care, health stations in addition to register the information listed in the above paragraph, should also be registered with the pharmacy (cabinet) types of drugs.
"Medical subjects shall be formulated separately list".
Article twenty-ninthRemaining after division or merger of a medical institution shall apply for registration of change; after division or merger shall apply for a new set of medical institutions set license and registration; being combined and termination of the medical institution shall apply for cancellation of registration.
Article thirtiethMedical institutions to change the name, address, legal representative or principal responsible person, the form of system of ownership, service object, service mode, the registered capital (capital), medical subjects of diagnosis and treatment, bed (chair), must apply to the registration authority for registration of alteration, and submit the following materials:
(a) medical institutions, the legal representative or principal responsible person signed the "medical institutions to apply for registration of alteration registration book";
(two) to apply for registration of alteration of cause and reason;
(three) registration provisions of other materials submitted.
Article thirty-firstOrgans, enterprises and institutions set up for internal staff services, medical institutions to open to the society, must be in accordance with the provisions of the preceding paragraph apply for registration of change.
Article thirty-secondMedical institutions in the original jurisdiction of the registration organ within the range of authority changes its registered items, the original registration for the change of registration; beyond the original registration authority for registration of alteration of the jurisdiction, the jurisdiction of the health administrative departments for alteration of registration.
Medical institutions in the original jurisdiction of the registration organ within the region of migration, the original registration for the change of registration to the original registration authority; outside the jurisdiction of migration, migration destination shall be made in the administrative department of Health issued the "approval certificate for establishment of medical institution", and approved by the original approval of the registration authority for cancellation of registration, then migrate to the purpose the health administrative department on application for the practice registration.
Article thirty-thirdAfter accepting the application for registration of alteration registration authority, according to the regulations and the relevant provisions of the detailed rules as well as the local "plan for the establishment of medical institutions" audit, in accordance with the registration procedures or simplify the procedure for registration of changes, and approve or refusing the alteration registration decisions.
Article thirty-fourthMedical institution to suspend its business, must be approved by the registration authority for approval. In addition to alterations, expansion, relocation, medical institution to suspend its business shall not exceed one year.
Article thirty-fifthBeds in the more than one hundred general hospital, hospital of traditional Chinese medicine, traditional Chinese and Western medicine hospital, the National Hospital and specialist hospitals, nursing homes, rehabilitation hospitals, maternal and child health hospital, the emergency center, Center for clinical laboratory and specialized disease prevention institutions calibration for a period of three years; other medical institutions to check for a period of one year.
Medical institutions shall be to check three months prior to the expiration of an application to the registration organ for verification procedures.
Lost check shall submit the "practice license of medical institution", and submit the following documents:
(a) "medical check application";
(two) "the practice license of medical institution" copy;
(three) the province, autonomous region, municipality directly under the central government health administration of other materials submitted.
Article thirty-sixthThe public health administrative department shall accept the application in check within thirty days after the completion of calibration.
Article thirty-seventhMedical institution is under any of the following circumstances, the registration organ may according to the circumstances, give one to six months delay calibration:
(a) does not meet the basic standards for medical institutions "";
(two) corrections during;
(three) the province, autonomous region, municipality directly under the central government health administrative departments under other circumstances.
Don't set bed medical organizations in the suspension of check period shall not practice.
Check expiration of suspension fails to pass the check, the registration organ shall cancel its "practice license of medical institution".
Article thirty-eighthCounty level health administrative departments shall annually from two by the end of the previous year, the administrative regions of practicing medical body roll reported to the Ministry of health, in which Chinese medicine, integrated traditional Chinese and Western medicine and ethnic medicine medical institutions register reported to the State Administration of traditional Chinese medicine.
Article thirty-ninthMedical institutions opening, migration, renamed, changing medical subjects of diagnosis and treatment and closed, closed and check results by the registration organ shall announce it.
The fourth chapter name Call
Article fortiethMedical institutions by the name recognition of and common name in turn.
The generic name for the medical institutions: hospitals, health centers, hospitals, nursing homes, maternal and child health hospital, out-patient department, clinic, health, health stations, health room, clinic, health care, first aid center, the first aid station, Center for clinical laboratory, Institute, control station, School of nursing, nursing care station, center and the Ministry of health regulations or approved by other names.
Healthcare organizations can identify the name of the following names as; names, unit name, personal name, medicine, medical professional and College of name, medical subjects of diagnosis and treatment of and approval authority approved the use of name.
Article forty-firstMedical institutions shall comply with the following principles of nomenclature:
(a) medical institutions of the generic name previously listed in paragraph two shall be the name;
(two) of article third paragraph medical institutions can be combined to identify the name of the;
(three) the name must be worthy of the name;
(four) the name must and medical institutions or medical subjects is adapted to category;
(five) the local peoples governments at all levels of medical institutions set the identification name should contain Province, city, District, street, town, village and township, the name of the administrative area, the other medical institution identification name must not contain the name of the administrative area;
(six) the state organs, enterprises and institutions, social organizations or individuals to set medical institution's name should be set unit name or the name of the person.
Article forty-secondMedical institutions shall not use the following names:
(a) detrimental to national, social and public interest of;
(two) the name of infringing the interests of others;
(three) other than letters, Chinese Pinyin name of composition;
(four) to medical equipment, medicines, medical product names.
(five) contains a "difficult" disease, "cures", "expert", "doctor" or similar meanings of text name and other publicity or suggestive clinical results of;
(six) beyond the scope of registration of medical subjects of diagnosis and treatment;
(seven) above the provincial health administrative departments shall use the name.
Article forty-thirdThe name of a medical institution by the Ministry of Health approval; belongs to the traditional Chinese medicine, integrated traditional Chinese and Western medicine and ethnic medicine medical institutions, by the State Administration of traditional Chinese medicine approved:
(a) containing a foreign country (region) name and abbreviation, international organization name;
(two) containing the "China", "China", "China", "state" and inter-provincial regional name.
(three) the local peoples governments at all levels of medical institutions set the identification name does not contain the names of the administrative districts.
Article forty-fourth"Center" as a medical institution the generic name of the name of a medical institution at or above the provincial level, the administrative department of Health approved; in recognition of containing the "center" of the name of a medical institution approved, by the province, autonomous region, municipality directly under the central government health administration.
Containing the "center" of the medical institutions must also contain the name or names of administrative divisions.
Article forty-fifthIn addition to training for Disease Control and prevention institutions outside, the medical institution shall not be specific disease names as identification name, need by the province, autonomous region, municipality directly under the central government health administrative departments approved.
Article forty-sixthName of a medical institution approved the registration, to receive the "practice license of medical institution" before it can be used in the examination and approval organ within the jurisdiction, exclusive right.
Article forty-seventhMedical institutions shall use only one name. If necessary, approval authority for approval can use two or more than two names, but must define a first name.
Article forty-eighthThe health administrative departments have the right to correct the already approved the registration of the inappropriate name of a medical institution, the superior administrative departments of public health shall have the right to correct the lower health administrative departments have approved the registration of the inappropriate medical institutions of.
Article forty-ninthMore than two applicants to the same approval authority for the same name of a medical institution, approval authorities in accordance with the approved application principle. Belonging to the same time, the applicant shall both sides through consultation; consultation fails, the approval organ for making decision.
More than two medical institutions have approved the registration of the medical institution of the same name dispute, approval authorities in accordance with the principle of treatment of registration. Belong to the same day registration, shall be resolved by consultation; consultation fails, the approval organ at a higher level of health administrative departments to make a decision.
Article fiftiethName of a medical institution shall not sell, lend.
Without approval authority, name of a medical institution shall not be transferred.
The fifth chapter. Industry
Article fifty-firstMedical institutions of the seal, bank account, plaque and medical file using the name should be associated with the same name approved the registration of the medical institution; the use of more than two of the same name, should be with the first.
Article fifty-secondMedical institutions shall strictly implement sterilization, isolation system, adopt scientific and effective measures to dispose of sewage and wastes, reduction and prevention of hospital infection.
Article fifty-thirdMedical institutions of outpatient medical records preservation period of not less than fifteen years; inpatient records preservation period of not less than thirty years.
Article fifty-fourthMarked with the medical institution identification of notes and records of this book and prescription, various examination application form, report, that the books, medicine bags, preparation labels may not be sold, lending and transfer.
Article fifty-fifthA medical institution shall, in accordance with the relevant provisions of the administrative department of public health, strengthening medical quality management standards, the implementation of medical quality assurance plan, ensure medical safety and the quality of service, and constantly improve the level of service.
Article fifty-sixthA medical institution shall regularly check, check each regulations system and all kinds of personnel system of post responsibility of execution and implementation.
Article fifty-seventhA medical institution shall regularly to medical professionals. "Basic theory, basic knowledge, basic skills training and assessment," the "strict requirements, strict, rigorous attitude groups" in fulfilling each job.
Article fifty-eighthA medical institution shall organize medical staff learning medical ethics standard and related materials, urged the medical staff abide by occupation moral.
Article fifty-ninthMedical institutions shall not use the false bad medicines and chemical reagents, expired and failure drugs and illegal drugs.
Article sixtiethMedical institutions as the cause of death is unknown. "Death certificate" issued by the medicine, only for whether the diagnosis of death, no cause of death diagnosis. If the requested a diagnosis upon the cause of death, medical institutions must assign a doctor on cadavers were dissected and the cause of death before we make a diagnosis of cause of death.
Article sixty-firstMedical institutions in the medical activities, should the patients in protective medical interventions, and family members of patients and relevant personnel cooperate.
Article sixty-secondA medical institution shall respect the patients on their illness, diagnosis, treatment of the right to know. In the implementation of operation, special examination, special treatment, should be offered to patients as a necessary explanation. Because of the protective medical measures not explain to the patient situation, shall notify the family members of patients.
Article sixty-thirdOut-patient department, clinic, health clinic, clinic, health care and health station with pharmacy (cabinet) of the kind of drugs approved by the registration authority, specific measures by the province, autonomous region, municipality directly under the central government health administration.
Article sixty-fourthFor internal staff services medical institutions without permission or change of registration shall not open to the public.
Article sixty-fifthMedical institution is revoked or cancelled Permit to practice, not continue to carry out medical activities.
The sixth chapter supervision and management
Article sixty-sixthHealth administrative departments in charge of regional medical institutions supervision and management work.
Article sixty-seventhIn the supervision and administration, to give full play to the hospital management association and the association of health workers and other academic and industry to the role of social organizations.
Article sixty-eighth The health administrative department at or above the county level shall set up medical institutions supervision and management of the office.
Medical institutions at all levels of supervision and management of the office of the health administrative department at the same level under the leadership of work.
Article sixty-ninthMedical institutions at all levels of supervision and management office:
(a) the elaboration of medical institutions supervision and management plan;
(two) for medical institutions supervisor review, issuance, renewal;
(three) responsible for the medical institution registration, check and supervision related statistics, and to the health administrative department at the same level report;
(four) is responsible for the reception, deal with the complaints of medical institutions;
(five) completed the health administrative departments to other supervisory and administrative work.
Article seventiethThe health administrative department at or above the county level shall set up medical institutions supervisors, fulfilled the duties of supervision and management. Medical supervisor by the health administrative department at the same level appointment.
Medical supervisor shall strictly implement relevant state laws, regulations and rules, its main responsibilities are:
(a) to medical institutions to implement the relevant laws, regulations, rules and standards of supervision, inspection, guidance;
(two) for medical institutions to practice activities carried out supervision, inspection, guidance;
(three) to the medical institutions in violation of regulations and the detailed rules for the investigation of cases, forensics;
(four) the verified case to the health administrative departments for treatment or punishment opinion;
(five) the implementation of the purview of punishment;
(six) to complete the delivery of the other administrative departments of health supervision and management.
Article seventy-firstMedical supervisor has the right to medical institutions to carry out spot checks, free to obtain relevant information, medical institutions must not refuse, hiding or concealing.
Medical supervisor in performing their duties shall wear a badge, to produce documents.
Medical supervisor badge, certificate by the Ministry of health.
Article seventy-secondHealth administrative departments at all levels of medical institutions, including the inspection guide practice:
(a) the implementation of the relevant laws, regulations, rules and standards;
(two) the implementation of medical institutions internal rules and regulations and all kinds of personnel system of post responsibility cases;
(three) ethics situation;
(four) the service quality and service level;
(five) the implementation of medical charge standard;
(six) the organization management;
(seven) staffing situation;
(eight) the province, autonomous region, municipality directly under the central government stipulated by the health administration department of other inspection, guidance program.
Article seventy-thirdNational implementation of appraisal and examination system for medical institutions, medical institutions, the basic standards of service quality, technical level, management level, comprehensive evaluation. The health administrative department at or above the county level is responsible for the accreditation of medical organization, organization and management; medical institutions at all levels of evaluation committee is responsible for the accreditation of healthcare organizations implement.
Article seventy-fourthTraditional Chinese medicine (drugs) at or above the county level administrative departments to set up a medical institution review board, responsible for traditional Chinese medicine, integrated traditional Chinese and Western medicine and ethnic medicine medical review.
Article seventy-fifthAccreditation of medical organization, including periodic review, not regular inspection.
The appraisal committee for medical institutions in the medical review, found to be in violation of the regulations and these Rules shall promptly report to the plot, the administrative department of public health; medical institution Accreditation Committee for medical institutions, supervisor, can directly exercise superintendence.
Article seventy-sixth"Medical institutions supervision and management of the procedure of administrative punishment shall be formulated separately".
The seventh chapter. Penalty
Article seventy-seventhNo access to the "practice license of medical institution" unauthorized practice, shall be ordered to stop the practice activities, confiscate the illegal income and drugs, devices, and impose a fine of three thousand yuan; in any of the following circumstances, they shall be ordered to stop the practice activities, confiscate the illegal income and medicines, equipment, a fine ranging from three thousand yuan to ten thousand yuan of the following fine:
(a) due to unauthorized practice had a health administrative department;
(two) without practicing personnel for health professionals;
(three) unauthorized practice time in more than three months;
(four) to patients with damage;
(five) using fake, inferior deluded patients;
(six) the name of medicine for patients with money;
(seven) the province, autonomous region, municipality directly under the central government health administrative departments under other circumstances.
Article Seventy-eighth On schedule to check "practice license of medical institution" and not to stop treatment, instruct its deadline for completing the formalities within the time limit check; not for check, revoke its "practice license of medical institution".
Article seventy-ninthTransfer, lend the "practice license of medical institution", confiscate the illegal income, impose a fine of three thousand yuan; in one of the following cases, confiscate the illegal income, a fine ranging from three thousand yuan to five thousand yuan, and its "practice license of medical institution":
(a) sold the "practice license of medical institution";
(two) the transfer or lending the "practice license of medical institution" is for the purpose of profit;
(three) the transferee or bearing damage to patients;
(four) transfer, lend the "practice license of medical institution" for health professionals;
(five) the province, autonomous region, municipality directly under the central government health administrative departments under other circumstances.
Article eightieth In addition to the emergency and first aid, medical activities beyond the scope of registration of medical subjects of diagnosis and treatment, if the circumstances are minor, given a warning; one of the following circumstances, order it to make a correction, and may be fined up to three thousand yuan;
(a) beyond registration and the activities of the clinic subjects range of total income in three thousand yuan of the following;
(two) to patients with damage.
Any of the following circumstances, punishable by a fine of three thousand yuan, and its "practice license of medical institution":
(a) beyond registration and the activities of the clinic subjects range of total income in three thousand yuan;
(two) to patients with damage;
(three) the province, autonomous region, municipality directly under the central government health administrative departments under other circumstances.
Article eighty-first The appointment of health technical personnel engaged in medical technical work, ordered to immediately correct, and may be fined up to three thousand yuan; in any of the following circumstances, a fine ranging from three thousand yuan to five thousand yuan fine, and may revoke its "practice license of medical institution":
(a) and more than two of health technical personnel engaged in medical activities;
(two) the appointment of non medical staff to patients with damage.
Medical use of health technical personnel engaged in the professional outside of the clinic activities, according to the use of health technical staff.
Article eighty-second Issued false certificates, if the circumstances are minor, give a warning, and may impose a fine of five hundred yuan; in any of the following circumstances, a fine ranging from five hundred yuan to one thousand yuan fine:
(a) issues a false certificate caused a delay in diagnosis and treatment;
(two) issues a false certificate for patients with psychiatric harm;
(three) to cause other harmful consequences.
The persons who are directly responsible to the authorities by the unit or given administrative punishment.
Article eighty-thirdMedical institution is under any of the following circumstances, the registration organ may order it to make a correction:
(a) the occurrence of major medical accident;
(two) the continuous occurrence of similar incidents, not take effective prevention measures;
(three) the continuous occurrence of unexplained deaths of similar patients, and management factors;
(four) management confusion, there are serious hidden risk of accident, may have a direct influence on medical safety;
(five) the province, autonomous region, municipality directly under the central government health administrative departments under other circumstances.
Article eighty-fourth The parties accept the decision on administrative penalty, can be received within a "Notice of administrative penalty decision" within fifteen days from the date of making the administrative punishment on a health administrative department to apply for reconsideration. The superior administrative departments of public health shall, after receiving the application within thirty days from the date of making the written answer.
The parties accept the decision on administrative penalty, can also received the "Notice of administrative penalty decision within fifteen days from the date of" directly to the people's court for administrative litigation.
Neither applies for reconsideration, suit nor complies with the decision on punishment, by the decision of administrative punishment of the administrative department of public health administrative penalty enforcement fill in "application", to the people's court for enforcement.
The eighth chapter Attached to Then
Article eighty-fifth Medical institutions to apply for approval, registration, verification, audit practice, shall pay the expenses, medical practitioners should pay management fees, specific measures by the provincial health administrative department jointly with the Department of price control regulations.
Article eighty-sixthThe provinces, autonomous regions, municipalities directly under the central government, according to the regulations and the detailed rules and combine the local actual situation, formulate measures for implementation. In the implementation of the traditional Chinese medicine, combining Chinese and western, national medicine medical terms, by the province, autonomous region, municipality directly under the central government administrative departments to formulate Chinese medicine (drug).
Article eighty-seventh The regulations and these rules have been approved to practice before the implementation of medical institutions of the audit registration, by the province, autonomous region, municipality directly under the central government, the health administrative department according to the local actual situation provisions.
Article eighty-eighth The regulations and these rules the meanings of the following terms:
Diagnosis and treatment activities: refers to the various inspection, use of drugs, devices and operation methods of disease, judgment and elimination of disease, remission of illness, relieve pain, improving function, prolong life, help the patients to recover the activity.
Medical beauty; refers to the use of drugs as well as operation, physical and other invasive or non-invasive means for beauty.
Special examination, special treatment; refers to one of the following circumstances diagnosis, therapeutic activities:
(a) there is a certain danger, may have negative consequences for the screening and treatment;
(two patients) due to special physique or suffering from critical illness, may have adverse consequences for patients and the risk of screening and treatment;
(three) experimental clinical examination and treatment;
(four) the charge may effect on patients with heavy economic burden of screening and treatment.
Health technical personnel: refers to in accordance with the relevant state laws, regulations and rules to obtain health technical personnel qualification or titles of the staff.
Technical specification: is defined by the Ministry of health, State Administration of traditional Chinese medicine formulated or recognized and treatment activities relating to the technical standards, rules and other normative documents.
Military Medical Institutions: refers to the Chinese people's Liberation Army and the Chinese people's armed police forces within a healthcare organization.
Article eighty-ninth (Medicine) at all levels of Chinese administrative management based on the conditions and the rules and the local medical organization management regulations, the jurisdiction of the various types of traditional Chinese medicine, integrated traditional Chinese and Western medicine and ethnic medicine medical institutions exercise set approval, registration and supervision right.
Article ninetieth The rules of interpretation right in the Ministry of health.
Article ninety-first These Rules shall1994Years9Month1Date of implementation.
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