If there is no use of the expired medical devices: confiscation of the expired medical devices and fines. Determine whether the "use" of expired medical devices, the first should find the use of medical equipment records, that is, the use of narrowly defined behavior. However, at present, most medical institutions do not have records of use of most medical devices, which creates many obstacles for law enforcement. Secondly, the storage location of medical devices should be identified. If medical institutions after the expiration of medical devices, did not treat expired medical devices differently from qualified other devices, did not set up the area of expired unqualified products, did not set up warning signs. It is very easy to cause misuse of expired medical devices, resulting in medical safety hazards. However, the expired medical devices placed in the area set up warning signs or has been placed centrally, with a person to store, there is an expiration date registration records, then perform the storage of medical devices, inspection and other duties, then should not be recognized as the use of medical devices. If the use of: ordered to stop operating, confiscate the illegal operation of the product and illegal income, illegal income of more than 5,000 yuan, and impose illegal income of more than two times five times the fine; no illegal income or illegal income of less than 5,000 yuan, and impose a fine of more than 5,000 yuan of less than 20,000 yuan.
Legal basis:
Article 42 of the Regulations on the Administration of Medical Devices Violation of the provisions of these regulations, medical institutions use no product registration certificate, no certificate of conformity, expiration, expiration, elimination of medical devices, or from the no "medical device manufacturer license", "medical device business license" of the enterprise to purchase medical devices, by the people's government at or above the county level drug Supervision and management department shall order correction, give a warning, confiscate the illegal use of products and illegal income, illegal income of more than 5000 yuan, and impose illegal income of more than two times five times the following fine; no illegal income or illegal income of less than 5000 yuan, and impose a fine of more than 5000 yuan of 20,000 yuan; on the competent person and other personnel directly responsible for the disciplinary action taken according to law; constitutes a crime, shall be investigated for criminal responsibility according to law. Criminal liability shall be investigated according to law.
Derivative question:
What is the penalty for not obtaining a certificate of registration for the production of medical device products for production?
The production of medical devices without obtaining a certificate of registration for the production of products, by the people's government at or above the county level drug supervision and management department ordered to stop production, confiscate the illegal production of products and illegal income, illegal income of 10,000 yuan or more, and impose illegal income of more than three times the following five times the fine; there is no illegal income or less than 10,000 yuan of illegal income and impose a fine of 10,000 yuan or more than 30,000 yuan ; the circumstances are serious, by the provinces, autonomous regions and municipalities directly under the Central People's Government drug supervision and management department to revoke its "medical device manufacturer license"; constitutes a crime, shall be investigated for criminal responsibility.