The public to choose a medical beauty institutions, must choose a formal medical beauty institutions , to obtain the "medical institutions license" and have a relevant medical project, and choose a regular practitioner, but also pay attention to the medical beauty institutions to use the product whether the product is a licensed product. Where used for injection of hyaluronic acid, face slimming needle, water light needle equipment must have "three certificates" ("medical equipment production license", "medical equipment business license" and "medical equipment product registration certificate").
Medical beauty places must have professional medical cosmetologists, qualified medical beauty places and qualified products approved by the state. Medical beauty involves surgical operations, need to be approved by the Health Commission qualified operating room, and to achieve aseptic conditions, doctors, medical waste should have a special access to and from the channel, there are also indoor air monitoring measures, including resuscitation vehicles, cardiac monitoring and oxygen equipment, including resuscitation conditions.
Extended information
Weihai, a medical beauty agency was sentenced to refunds and triple compensation
March 15 morning, Shandong Province, the Higher People's Court held a press conference, the Provincial Court of the Civil Court Vice President Chen Dongqiang introduced a case on medical disputes.
On January 11, 2020, Zhang and Yu came to a medical beauty company in Weihai to consult on beauty matters. The company designed a medical beauty program for the two, such as hanging eyebrow positioning and removing eye lines, charging 10,000 yuan per person in medical fees. The next day, the company on Zhang, Yu implemented surgery. That night, Zhang was sent to the hospital for treatment of a headache and fever.
On January 15, 2020, the Weihai Health Commission's law enforcement brigade conducted an on-site inspection of the company based on a report from the public. The company could not produce the License to Practice as a Medical Institution; the staff stated that they had submitted relevant materials for the License to Practice as a Medical Institution to the approval authority and had not yet received the license.
On April 9, 2020, the Weihai Municipal Health Commission issued an administrative penalty decision on the company, deciding to confiscate the illegal income of 61,400 yuan and impose a fine of 3,000 yuan administrative penalty. After that, Zhang and Yu sued the court on the grounds that the company did not have the qualification of medical cosmetology and was practicing medicine without qualification, requesting the return of service fees and triple compensation.
The People's Court of Weihai Economic and Technological Development Area held that the information provided by the operator to consumers about goods and services should be true, comprehensive and accurate, and shall not carry out false or misleading live demonstrations and other propaganda behavior. In this case, the company has not yet obtained the Medical Institution Practice License for Zhang and Yu to implement medical cosmetic surgery, violating the prohibition of laws and regulations, the company's behavior constitutes fraudulent operation on the Protection of Consumer Rights and Interests Act.
The People's Republic of China *** and the Protection of Consumer Rights and Interests Law, Article 55, paragraph 1, the operator to provide goods or services fraudulent behavior, should be in accordance with the requirements of the consumer to increase the compensation for the losses suffered by the consumer, the amount of increased compensation for the consumer to purchase the price of the goods or services received by the price of the service of three times the cost of the consumer.
Zhang Mou, Yu Mou demanded the return of service costs, and triple compensation for the loss of the price, the evidence is sufficient, with the law, to be supported, and the company was judged to return Zhang Mou, Yu Mou surgical fees of 10,000 yuan, compensation for the loss of 30,000 yuan each. The court of second instance upheld the judgment of first instance.