What is the specific content of the administrative punishment procedure for the supervision and management of medical institutions?

China is a country ruled by law, and there are laws everywhere. In order to better safeguard our legal rights, the law is constantly updated. Just a few years ago, the health center in China successfully promulgated a law called "Administrative Punishment Procedure of Medical Institutions". Then, maybe everyone wants to know, what is the specific content of the administrative punishment procedure for the supervision and management of medical institutions? Chapter I General Provisions Article 1 This procedure is formulated in accordance with the Regulations on the Administration of Medical Institutions (hereinafter referred to as the Regulations) for the purpose of strengthening the administration of medical institutions, administering them according to law, promoting the development of medical and health undertakings and safeguarding the health of citizens. Second health administrative departments at or above the county level shall investigate and deal with violations of laws and regulations on the supervision and administration of medical institutions, and must have clear facts, conclusive evidence and accurate application of laws. Article 3 These Measures shall be applicable to the administrative departments of health at or above the county level that impose administrative penalties on units and individuals that violate these Regulations. Chapter II Jurisdiction Article 4 The health administrative department at the county level shall be responsible for investigating and handling general illegal acts in violation of these Regulations within its jurisdiction. Article 5 The municipal administrative department of public health divided into districts shall be responsible for investigating and handling major and complicated violations of these regulations within its jurisdiction. Article 6 The health administrative departments of provinces, autonomous regions and municipalities directly under the Central Government shall be responsible for investigating and handling major and complicated illegal acts in violation of these Regulations within their respective jurisdictions. Article 7 The specific division of the above-mentioned jurisdiction areas shall be stipulated by provinces, autonomous regions and municipalities directly under the Central Government. Article 8 The Ministry of Health shall be responsible for investigating and handling major and complicated illegal acts in violation of the Regulations nationwide. Ninth health administrative departments in the investigation of illegal acts, found that illegal acts do not belong to their own jurisdiction, it should be promptly transferred to the competent health administrative departments; If a party is found to have committed illegal acts in other fields, it shall promptly notify the relevant health administrative department. Article 10 Disputes arising from jurisdiction between health administrative departments shall be settled by both parties through consultation; If negotiation fails, the administrative department of health at the next higher level shall designate the jurisdiction. Article 11 For a case that needs to be transferred, the transferred health administrative department shall fill in the Illegal Case Transfer Form (attached table 1), and the transferred health administrative department shall inform the transferred health administrative department of the investigation results of the case. Chapter III Acceptance and Filing Article 12 The administrative department of health accepts cases from the following sources: (1) Found in the supervision and management of medical institutions; (two) assigned by the higher authorities or transferred by the relevant units; (3) This report is well founded. The health administrative department that accepts the case shall fill in the case acceptance registration form (Table 2). Thirteenth after preliminary investigation, that should be filed, the agent must fill in the application form (Table 3). Report to the competent leader of the health administrative department for examination and approval, and the approved cases shall be undertaken by the supervision and management office. The competent leader of the health administrative department shall make a decision on whether to approve the filing within seven days after receiving the filing application. Chapter iv investigation and evidence collection article 14 the administrative department of health shall set up a case handling team composed of supervisors of medical institutions by the supervision and management office for cases approved for filing. The number of members of the case-handling team shall be an odd number of three or more. The members of the case-handling team are called the undertakers. Fifteenth the undertaker thinks he has an interest in the case, he shall apply for withdrawal, and the parties have the right to ask him to withdraw. The withdrawal of the undertaker shall be decided by the competent leader of the health administrative department. The undertaker can't stop investigating the case before he makes a decision to withdraw. Sixteenth case investigation and evidence collection, there must be more than two undertakers to participate in, and show the relevant documents to the respondents and witnesses. The field investigation shall be recorded (Table 4). Seventeenth health administrative departments may investigate and collect evidence from relevant units and individuals, and relevant units and individuals may not refuse. Article 18 The evidence obtained shall be original and original. If it is really difficult to obtain the original, the units and individuals submitting the evidence may affix their seals on the photocopies, photos and other physical objects, and indicate the words "same as the original" or a written description. Nineteenth contractors found in violation of these regulations during the investigation, they should collect evidence on the spot. Twentieth documentary evidence, material evidence, audio-visual materials, witness testimony, statements of the parties, expert conclusions, transcripts of inspection, on-site transcripts, etc. What can prove the true situation of the case shall be conclusive evidence. Chapter V Finalization and Delivery Article 21 After the investigation, the undertaker shall write a case investigation report. The contents include the cause of action, the case, illegal facts, handling opinions, etc. Need to make administrative punishment, fill in the "Administrative Punishment Opinion" (Schedule 5) and report it to the competent leader of the health administrative department for approval; The administrative punishment of major and complicated cases shall be considered by the office meeting of the administrative department of health. The competent leader of the health administrative department or the office meeting shall make a specific decision within ten days after receiving the case investigation report and the "Administrative Punishment Opinion". Twenty-second after making a decision on administrative punishment, the undertaker shall fill in the Notice of Decision on Administrative Punishment (Annex 6) and serve it to the punished unit or individual for signature. If the legal representative or principal responsible person of the punished unit is absent, it shall be signed by other responsible persons of the unit or receiving and dispatching management personnel; If the punished individual is absent, it shall be handed over to the adult family members who live with him for signature. Article 23 If the contractor refuses to deliver the written decision on administrative punishment, it shall invite relevant personnel to be present to explain the situation, and indicate the reasons and date of refusal on the Receipt of the Written Decision on Administrative Punishment (Schedule 7), which shall be signed (sealed) by the contractor and witnesses, and the written decision on administrative punishment shall be deemed to have been delivered. Article 24 If direct delivery is difficult, it can be delivered by registered mail, and the date when the party receives the mail is the date of delivery. Twenty-fifth minor violations with clear facts and simple circumstances can be punished on the spot, and a notice of administrative punishment decision can be issued. A receipt must be issued to the party concerned for the fines and confiscated items received. The agent who carries out on-site punishment shall report the object of punishment, main illegal facts and evidence, on-site transcripts, applicable laws and regulations, punishment, etc. Report to the competent leader of the health administrative department in writing within three days. Chapter VI Disposal of Confiscated Property Article 26 All fines and confiscated property shall be turned over to the state treasury. Twenty-seventh confiscated drugs and devices, must fill in the "Confiscation of Drugs and Devices Certificate" (Table 8). Twenty-eighth confiscated counterfeit drugs and devices shall be destroyed on the spot under the supervision of the administrative department of health. Before the implementation of destruction, on-site acceptance must be conducted to verify the variety and quantity of physical objects, and the Certificate of Destruction of Pharmaceutical Devices (Attached Table 9) should be filled in, signed by the units present and the representatives of the parties concerned, and images and on-site records should be made at the same time. Twenty-ninth all expenses paid for the disposal of confiscated drugs and devices shall be paid by the punished units or individuals. Chapter VII Closing the Case Article 30 After an illegal case is investigated and handled, the Administrative Punishment Closing Form (attached table 10) shall be filled in and filed in accordance with the provisions of the state archives management. The "Administrative Punishment Closing Form" should be reported step by step, and the health administrative departments of all provinces, autonomous regions and municipalities directly under the Central Government should report to the Ministry of Health before the end of February each year. Chapter VIII Supplementary Provisions Article 31 The Ministry of Health shall be responsible for the interpretation of these Provisions. Article 32 These Provisions shall come into force on 1 September 19941day. Schedule 1: People's Republic of China (PRC) Letter * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Attachment: Brief introduction of the case and date, month and year of relevant materials (official seal)-Note: this book is made in triplicate, with the first copy as a stub and the second as a handover unit. Appendix 2: China people * * * files attached. People's Republic of China (PRC) medical institutions regulatory documents case acceptance registration form-case source _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _. _ _ _ Criminal unit (person) _ _ _ _ _ _ _ _ Address _ _ _ _ _ _-Contents: Handling comments: signature of leader: person * * * - _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _-Record of Investigation on Regulatory Documents of Medical Institutions in People's Republic of China (PRC) * * * Page-_ Address: _ _ _ _ _ _ _ _ _ _ _ _ Investigator: _ _ _ _ _ _ _ Unit: _ _ _ _ _ _ _ _ : _ _ _ _ _ _ _ _ _ _ _ _ _ Economic nature: _ _ _ _ _ _ _ _ Legal representative/ Person in charge: _ _ _ _ _ _ _ _ Address: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ According to the provisions of _ _ _ _ _ _ _ _ _ _ _ _ _, the following administrative punishment is given: If you are not satisfied with this punishment decision, you can apply for reconsideration or bring a lawsuit to the people's court according to law within _ _ _ _ days from the date of receiving this punishment decision. Those who fail to perform the punishment decision within the time limit and do not apply for reconsideration or prosecution will apply to the people's court for compulsory execution. (Official Seal)-Note: This book is made in triplicate, with the first copy as a stub and the second as a punishment unit (person). Attachment 7: Receipt of the Notice of Administrative Punishment Decision on Supervision Documents of Medical Institutions in People's Republic of China (PRC)-Delivery Unit (Person). _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ This book is in duplicate, with the first copy as a stub and the second copy as the recipient's signature. It's filed with the case. Schedule 8: Certificate of Confiscation of Medical Instruments in People's Republic of China (PRC) ()-Legal Representative/Party of Confiscated Unit (Signature)No.: Person in Charge (Signature): (Official Seal) Date-Note: This book is made in triplicate, with the first stub and the second stub. Attachment 9 is filed in triplicate: Medical Device Destruction Supervision Certificate of People's Republic of China (PRC) Medical Institutions () Wei Xiaoyi ZiNo.-. Time of destruction: place of destruction: method of destruction: signature of legal representative or party of the destroyed unit: signature of invited participants: signature of manager: (official seal) year, month, day, year, note: this book is made in triplicate. Appendix 10: People's Republic of China (PRC) Medical Institutions Supervision Documents Administrative Punishment Closing Form () Wei Zi () No.-Person in charge: _ _ _ _ _ _ Event date: _ _ _ _ _ _ Penalty date: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ -filing date: year, month and day, file classification: storage period:-Note: this book is made in triplicate, with the first copy of the stub, the second copy of the report and the third copy filed with the case in future life. Of course, at the end of the article, we also prepared some sample articles for you, such as closing form, equipment certificate, receipt, notice and so on.