What does it mean when the Health Bureau issues an administrative penalty instrument against a black clinic, it means that the black clinic has to be banned or given a deadline to go through the relevant procedures.
The Chinese People's **** and the State Practitioners Law
Article 39 Unauthorized opening of medical institutions to practice medicine or non-physician practice of medicine, by the people's governments at or above the county level of the administrative department of health to be banned, confiscate their illegal income and their drugs, equipment, and impose a fine of less than 100,000 yuan; on the physician to revoke his certificate of practice; to the patient caused by damage to the law to bear the responsibility for compensation; constitutes a crime, shall be prosecuted for compensation. Responsibility; constitutes a crime, shall be investigated for criminal responsibility.
Administrative penalties of the Department of Health Regulations stipulate that: one of the following acts, by the people's governments at or above the county level, the administrative department of health to give a warning or order to suspend the practice of more than six months or less than one year; the circumstances are serious, the revocation of their practicing certificates; constitutes a crime, be held criminally liable according to law:
(a) violation of the health administrative rules and regulations or technical specifications, resulting in serious consequences. Serious consequences; "
(2) due to irresponsible delay in the rescue and treatment of patients in acute and critical condition, resulting in serious consequences; "
(3) resulting in medical liability accidents;" "
(4) without personal diagnosis, investigation, signing diagnosis, treatment, Epidemiology and other supporting documents or documents relating to birth, death and other certificates; "
(e) concealment, forgery or unauthorized destruction of medical documents and related information; "
(f) the use of unapproved medicines, disinfectants and medical equipment; "
(g) the use of unapproved drugs, disinfectants and medical equipment; "<
(vii) the use of narcotic drugs, toxic drugs for medical use, psychotropic drugs and radioactive drugs not in accordance with the provisions of the law; "
(viii) experimental clinical medical treatment of patients without the consent of the patients or their families; "
(ix) disclosure of the privacy of the patient, resulting in serious consequences; "
(j) use their positions to solicit or illegally accept property from patients or make other improper gains; "
(k) in the event of natural disasters, epidemics of infectious diseases, sudden major casualties and other emergencies that pose a serious threat to people's lives and health, disobedience to the health administrative department Dispatch
(xii) the occurrence of medical accidents or the discovery of infectious disease outbreaks, patients suspected of injury incidents or unnatural deaths, not in accordance with the provisions of the report."
Expanded:
The Law of the People's Republic of China on Practicing Physicians
Article 36 Anyone who obtains a certificate of practice for a physician by improper means shall have it revoked by the health administrative department that issued the certificate; and the supervisory personnel and other personnel directly responsible shall be given administrative sanctions according to law.
Article 37 A physician who, in the course of his practice, violates the provisions of this Law by committing any of the following acts shall be warned or ordered by the administrative department of health of the people's government at or above the county level to suspend his practice for a period of six months or more than one year or less; if the circumstances are serious, his certificate of practice shall be revoked; if a crime is constituted, he shall be held criminally liable in accordance with the law:
(1) Violation of the rules and regulations of the administrative system of health or the technical and operational norms, resulting in serious consequences. (A) violation of health administrative rules and regulations or technical specifications, resulting in serious consequences;
(B) due to irresponsible delays in the rescue and treatment of patients with acute illnesses, resulting in serious consequences;
(C) resulting in medical liability accidents;
(D) without personal diagnosis and investigation, signing diagnosis, treatment, epidemiology and other documents or documents relating to birth, death and other certificates;
(E) concealment, falsification or unauthorized destruction of medical documents and related information;
(F) the use of unapproved drugs, disinfectants and medical equipment;
(G) not in accordance with the provisions of the use of narcotic drugs, medical toxic drugs, psychotropic drugs and radiopharmaceuticals;
(H) without the consent of the patient or his or her family members, the patient experimental (ix) Disclosure of patients' privacy, resulting in serious consequences;
(x) Use of official position, solicitation, illegal acceptance of patients' belongings or other improper interests;
(xi) In the event of natural disasters, epidemics of infectious diseases, major accidents and other emergencies that pose a serious threat to the life and health of the people, disobedience to the dispatch of the administrative department of health;
(i) Failure to follow the instructions of the administrative department of health; and Administrative departments to dispatch;
(xii) the occurrence of medical accidents or the discovery of infectious disease outbreaks, patients suspected of injury events or unnatural deaths, not in accordance with the provisions of the report.
(xiii) the use of false education to fraudulently obtain a physician's license by examination.
Article 38 A physician who causes an accident in medical, preventive or health care work shall be dealt with in accordance with the law or the relevant state regulations.
Article 40 Anyone who obstructs a physician from practicing his profession in accordance with the law, or insults, slanders, threatens or assaults a physician, or violates a physician's personal freedom, or interferes with a physician's normal work or life, shall be punished in accordance with the provisions of the Law of the People's Republic of China on Punishment for Administration of Public Security; and if a crime is constituted, he shall be held criminally liable in accordance with the law.
Article 41 If a medical, preventive, or health care institution fails to perform its reporting duties in accordance with the provisions of Article 16 of this Law, resulting in serious consequences, the administrative department of health of the people's government at or above the county level shall give a warning; and the administrative officer in charge of the institution shall be given administrative sanctions in accordance with the law.
Baidu Encyclopedia - Law of the People's Republic of China on Practicing Physicians