The Supreme People's Procuratorate, the Ministry of Public Security on the public security organs under the jurisdiction of the criminal case prosecution standard provisions of Article 57 of the provisions of the people who have not obtained a doctor's license to practice medicine, suspected of one of the following circumstances, shall be filed to prosecute: cause the patient mild disability, organ tissue damage resulting in general functional impairment, or more than a moderate degree of disability, organ tissue damage resulting in serious functional impairment, or death; cause Category A infectious diseases, such as diarrhea, diarrhea, and other diseases. or death; causing the spread of Class A infectious diseases, epidemic, or the risk of spread, epidemic;, the use of counterfeit drugs, inferior drugs or health materials, medical equipment that do not meet the state standards, enough to seriously endanger human health; illegal practice of medicine by the administrative department of health after the administrative penalty twice, and then again illegally practicing medicine;
In our country, the competent health department manages the order of medical care, and the illegal practice of medicine is controlled by the health The competent health department (health bureau), only when the circumstances of the illegal practice of medicine is serious, only by the public security organs for investigation, and the public security organs only have the right to the illegal practice of medicine for the investigation of individual cases, do not have the right to seize the illegal practice of medicine and fines, etc., therefore, the correct statement is: the illegal practice of medicine by the competent health department for investigation and punishment, banning, fines. Only if the illegal practice of medicine is serious and suspected of constituting a crime will it be investigated by the public security authorities, prosecuted by the procuratorate and sentenced by the courts. Complaints can be lodged with the Health Bureau, and after two administrative penalties have been imposed, the third can be reported to the police station. At this point, the illegal practice of medicine constitutes the illegal practice of medicine, suspected of criminal offenses.
According to the relevant legal provisions and judicial interpretations, the person who has not obtained the qualification to practice medicine illegally practicing medicine, suspected of one of the following circumstances, shall be filed for prosecution: causing the person to be mildly disabled, organ and tissue damage resulting in general dysfunction, or more than a moderate degree of disability, organ and tissue damage resulting in serious dysfunction, or death; causing the spread of infectious diseases of category A, epidemic, or the risk of transmission, epidemic; using counterfeit medicines, substandard medicines, or other dangerous substances, and the use of counterfeit medicines, substandard medicines, or other dangerous substances. danger; the use of counterfeit or inferior medicines or sanitary materials or medical devices that do not meet the standards set by the state is sufficient to seriously jeopardize human health.
Misdiagnosis aggravates the patient's condition, and misdiagnosis delays the rescue time. The vast majority of black clinics are not qualified to practice fake doctors, most have not received medical professional knowledge, no clinical work experience and technology, do not pretend to understand, due to its medical technology, business level, medical equipment, etc., very easy to delay the patient's condition, to the patient's life is extremely dangerous, and even life-threatening. Cause the spread of disease. Some black clinics in the case of no disinfection conditions at all, for patients to implement illegal abortion surgery; some black dental clinics, not only dental drills, probes and other tools are not sterilized, and even will be the reuse of disposable medical equipment, resulting in the spread of some infectious diseases. The fight against illegal practice of medicine can be reported to the following departments: the local health bureau, health epidemic prevention station, industrial and commercial bureau, police station.
Legal basis:
The Criminal Law, Article 336 (1) provides: "If a person who has not obtained the qualification for practicing medicine illegally practices medicine, and the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, or control, and or a single fine; if he has seriously harmed the health of the person who has consulted him, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall be If the person's health is seriously jeopardized, he shall be sentenced to fixed-term imprisonment of not less than three years and not more than ten years, and shall also be fined. According to the Supreme People's Court on the trial of criminal cases of illegal practice of medicine specific application of the law on a number of issues of the judicial interpretation of the provisions of the unauthorized operation of medical institutions, knowing that the illegal practice of medicine will jeopardize the safety of patients' lives, after the administrative department of health after the second administrative punishment, is still practicing medicine without a license, belong to the seriousness of the act, constituting the crime of illegal practice of medicine.