Legal analysis: to clarify the scope of the donated, strict supervision of the purchase and use of medical consumables, strictly prohibit the illegal acceptance of donations, bundled sales of consumables and other behavior. Whether the donation of equipment constitutes a violation of the law, in fact, for a long time in the field of medical purchase and sale are more difficult to define. The former National Health Planning Commission, the State Administration of Traditional Chinese Medicine "on the issuance of the construction of health care practices to strengthen the" nine not allowed "notice" in the "strictly prohibit the acceptance of donations attached to the conditions affecting fair competition, strictly prohibit the acceptance of donations and the procurement of goods and funding (services) linkage
Legal basis: "The Chinese People's **** and the State Charity Law" Article 36 The property donated by the donor shall have the right to dispose of legitimate property. Donated property, including currency, in kind, housing, securities, equity, intellectual property and other tangible and intangible property. Donor donations in kind should have the value of use, in line with safety, health, environmental protection and other standards. Donors to donate the products of the enterprise, should bear the responsibility and liability for product quality according to law.
"Chinese People's *** and the State Public Welfare Donation Law" Article IX natural persons, legal persons or other organizations can choose to meet their donation wishes of public welfare organizations and public welfare non-profit institutions to make donations. Donated property shall be its right to dispose of legitimate property