Provisions on the Establishment of Undesirable Records of Commercial Bribery in the Field of Pharmaceutical Purchase and Sales
I. In order to standardize the procurement of medicines, medical equipment and medical consumables by medical and healthcare institutions, to stop the illegal trading activities, and to fight against commercial bribery, these provisions are formulated in accordance with the "People's Republic of China*** and the State of the Anti-Unfair Competition Law", the "People's Republic of China*** and the State of the Law of Bidding and Tendering" and other relevant provisions.
Second, the provincial health planning administrative departments shall formulate the administrative region of medicine purchase and sale of commercial bribery in the field of bad record (hereinafter referred to as the bad record of commercial bribery) the implementation of the measures to establish the bad record of commercial bribery.
Third, the provincial health planning administrative departments should be timely in its government website to publish commercial bribery bad record, and within one month after the publication of the National Health and Family Planning Commission.
The governmental website of the National Health and Family Planning Commission reproduces the bad records of commercial bribery published by the provincial health and family planning administrative departments.
Four, drugs, medical equipment and medical supplies production, management enterprises or their agents and individuals (hereinafter referred to as pharmaceutical production and management enterprises and their agents) to give the procurement and use of its drugs, medical equipment and medical supplies to the staff of health care institutions with property or other benefits, one of the following circumstances shall be included in the commercial bribery bad record:
(I) By the judgment of the people's court found to constitute a bribery offense, or the circumstances of the crime are minor and do not require the imposition of a sentence, the people's court in accordance with the criminal law sentenced to be exempted from criminal penalties;
(b) bribery offense is minor, the people's procuratorate made a decision not to prosecute;
(c) by the disciplinary organs of the investigation of bribery cases, and make the relevant treatment according to law;
(d) For bribery behavior by the financial, industrial and commercial administration, food and drug supervision and other departments to impose administrative penalties;
(v) laws, rules and regulations of other circumstances.
Fifth, the provincial health planning and administrative departments in the pharmaceutical production and management enterprises and their agents included in the poor commercial bribery record, shall inform the parties in writing. Parties to be included in the commercial bribery record of objection, you can put forward statements, defenses, if necessary, you can request a hearing, but the hearing does not include the relevant departments to make the decision.
VI, medical and health institutions in the pharmaceutical production and management enterprises and their agents to sign procurement contracts for drugs, medical equipment and medical supplies, etc., should be signed at the same time the integrity of the purchase and sale contract, setting out the name of the enterprise designated sales representative, as well as not to implement commercial bribery, the implementation of commercial bribery will be included in the commercial bribery after the implementation of the adverse record of commercial bribery and other provisions.
Seven, a local commercial bribery included in the poor record of pharmaceutical production and operation of enterprises and their agents, the provincial area of public medical institutions or receive financial funds of medical and health institutions in the poor record of the list was published two years after the purchase of its drugs, medical equipment and medical supplies, other provincial areas of public medical institutions or receive financial funds of medical and health institutions within two years of the bidding, Procurement scoring of the enterprise products for the reduction of points.
Two or more times in five years included in the poor record of commercial bribery, all public medical institutions or receive financial funds within two years of health care institutions may not purchase its drugs, medical equipment and medical supplies.
VIII, the company was included in the poor record of commercial bribery, its subsidiaries with legal personality is not required to bear the corresponding responsibility with the company ****; with legal personality is included in the poor record of commercial bribery of subsidiaries, the company does not **** with the corresponding responsibility.
Nine, any unit or individual found that the staff of medical and health institutions to solicit or accept the pharmaceutical production and management enterprises and their agents to give property or property benefits, the right to report to the relevant departments.
Health and family planning administration received a report, should be timely investigation and verification in accordance with their duties.
Ten, medical and health institutions shall promptly report to the administrative department of health planning and health because of the implementation of commercial bribery to the staff of the unit has been investigated according to law for criminal and administrative responsibility of the pharmaceutical production and management enterprises and their agents list.
Municipal and county-level health planning administrative departments shall investigate or grasp the administrative area of the occurrence of the list of enterprises with the behavior listed in Article 4 of these provisions, timely and level by level to the provincial health planning administrative departments, the provincial health planning administrative departments shall promptly verify and will be included in the bad record of commercial bribery.
Eleven, the adverse record of publication of matters including pharmaceutical production and management enterprises and their agents name, business address, legal representative or person in charge, the responsible person's name and position, the cause of the violation, the relevant judgment and penalty decision instrument, the publication of the starting and ending dates and other information.
Twelve, medical institutions, drug purchasers, physicians and other relevant personnel to accept pharmaceutical production and management enterprises and their agents to give property or other benefits, by the administrative department of health planning or the unit in accordance with the "Drug Administration Law," paragraph 2 of Article 91 of the provisions of the penalty, confiscate the illegal income; on the seriousness of the violation of the practicing physician, by the administrative department of health planning and health Revocation of its practicing certificate; constitutes a crime, shall be investigated for criminal responsibility.
Thirteen, the administrative department of health planning shall establish a communication mechanism with the judicial organs and supervision, finance, commerce, industry and commerce, food and drug supervision and other relevant departments to inform each other of information on commercial bribery in the field of medicine purchase and sale of cases and investigation results.
Fourteenth, the administrative department of health planning shall strengthen the supervision and inspection of medical institutions to implement this provision.
Fifteen, the provisions of this March 1, 2014 shall come into force. The former Ministry of Health on January 19, 2007 issued "on the establishment of commercial bribery in the field of medicine purchase and sale of bad record" (Wei Zhengfa [2007] No. 28) shall be repealed at the same time.