Drug circulation how to put an end to "rely on the ticket" (below)
Although the existing laws and regulations for such illegal behavior to develop prohibitive provisions and penalties, but due to the supporting normative documents are not perfect, coupled with the implementation of the system is not in place in some areas, resulting in a fundamental solution to the problem of the proliferation of "dependent on the business". Before the Spring Festival, the author of the nature and adverse effects of the business of hanging tickets to make a statement, this issue, will be from the causes of the business of hanging and how to put forward proposals to put an end to such behavior. Analyze the causes From the social point of view, the formation of dependent management is a deep-seated reasons. First, there is a "profit" to be made. "Dependent on the ticket" less investment, low cost, return more, and do not need to bear social responsibility; be "dependent on the ticket" of the enterprise does not need to invest in operating funds to obtain additional profits, at the same time, "dependent on business "is also a shortcut" to grow the scale of enterprises. Secondly, there are "policies" to enjoy. In the area of tax incentives, "dependent on the ticket", can reduce production and operating costs, and enterprise "scale" bigger, often get the attention of the local government. Third, there is a "hole" can be drilled. "Dependent on the ticket" is often cloaked in the legal cloak of the dependent enterprise for the production and sale of drugs, the upstream and downstream enterprises need to purchase, sales means can be fully provided. Therefore, the relevant laws for the "dependent on the ticket" this form and its content of the definition has to be clear again. From the regulatory point of view, the "dependence on the invoice" behavior is covert, difficult to find, difficult to obtain evidence. At the same time, some local governments do not know enough about the harm of the "dependency" behavior, that is, as long as the quality of medicines can be guaranteed, it does not matter much, resulting in greater resistance to the regulatory authorities in the investigation and handling of illegal acts. Suggestions are made that the behavior of "dependent operation" not only provides a channel for the circulation of counterfeit and substandard medicines, but also facilitates the payment of pharmaceutical rebates. Although the existing laws and regulations for such illegal behavior to formulate prohibitive provisions and penalties, but due to the supporting normative documents are not perfect, coupled with the implementation of the system is not in place in some areas, resulting in a fundamental solution to the problem of "dependent on the business". To this end, the author puts forward the following suggestions: First, standardize the sales behavior of drug manufacturers, and increase the penalties for selling drugs to unqualified units (individuals). Affiliated often directly with cash from the production company's agents at all levels to buy drugs, agents for profit and ignored the qualification of the sales object of the review, invariably for the "affiliated business" to provide a source of goods. Second, the establishment of pharmaceutical wholesale enterprises sales staff, invoice number, with the goods peer online query system. At present, the management of sales personnel of pharmaceutical wholesale enterprises, blank power of attorney, commission matters are not clear, and other loopholes for the "dependent management" provides a legal cloak. Third, the establishment of tax, postal departments and courier, logistics companies and other joint investigation mechanism. In response to the phenomenon of "dependent operators" using fake invoices to evade taxes and using postal, express and logistics companies to consign medicines privately, postal, courier and logistics companies should establish a notification system for large consignments of medicines to inform the supervisory authorities of the situation in a timely manner. Fourth, establish a sound system of registration and filing of drug marketers. The enterprise marketing personnel of the power of attorney, training certificates, titles, academic certificates, etc. filed for the record, and regularly notified to the medical institutions, so that "rely on the undocumented personnel have no place to hide. Fifth, the establishment of a sound system for the filing of drug enterprise qualification materials. Drug wholesalers will be the unit seal, financial seal type and with the same goods, purchase invoice type filing for law enforcement checks in the check, comparison. Sixth, for the "dependent business" the main characteristics of the supervision and inspection, adhere to the "five must see" system. A must check the library of drugs and purchase invoices, purchase records, warehousing acceptance is consistent, to see whether the drugs in the library is a legitimate production and operation of the varieties of production and operation of the enterprise; two must check the sales invoices, sales lists and purchase records, warehousing acceptance, purchase invoices and so on, to see whether the enterprise is really operating these varieties; three must check the sales revenue account, to see the re-distribution of drug sales revenue and the flow of funds; Four must check the bank account and cash account, to see if there is no multi-account bookkeeping and other phenomena; five must check the unit's other income and current account, to see if its non-operating income in the management fee, commission fees, etc.. Through meticulous investigation, can make the "dependent business" behavior nowhere to hide. (The author is an expert of the Wuhan Pharmaceutical Industry Association Expert Committee)