Legal analysis
First, if a dentist is qualified for self-examination, but the consultation room is not set up according to the diagnosis and treatment standards of the Health and Health Commission, for example, there is no title of attending physician or above, no registered nurse, no basic light curing lamp, ultrasonic dental scaler and other equipment, which violates administrative regulations. The local health department has the right to seal up the clinic, order it to suspend business for rectification, impose administrative penalties such as fines and detention, and revoke the doctor's practice license if the circumstances are serious.
Second, if a person who runs a dental clinic does not have a doctor's qualification certificate, then according to Article 336 of the Criminal Law of People's Republic of China (PRC), a person who has not obtained a doctor's qualification illegally practices medicine, and if the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not more than three years. Therefore, it is against the criminal law for a doctor to open a dental clinic without a medical qualification certificate. After the health administrative department seals up the dental clinic, it may hand over the evidence to the public security department. If the public security department finds that it can be transferred to the procuratorate for prosecution after investigation, it will be transferred to the procuratorate for prosecution.
Therefore, if the dental clinic is sealed up by the health department, it should take the initiative to accept administrative punishment, pay a fine and make corrections. Anyone suspected of committing a crime should take the initiative to surrender to the local public security department, plead guilty and admit punishment, and the procuratorate and the court will give a lighter punishment.
legal ground
The Health and Wellness Committee issued the document "Notice on Printing and Distributing the Pilot Opinions on Promoting the Development of Clinics"
A, oral comprehensive treatment table:
Oral clinic should have at least 1 oral comprehensive treatment table.
Second, personnel:
(1) Physician 1. Stomatologists should be healthy and competent for related work. Have obtained the qualification of stomatology, have been engaged in oral diagnosis and treatment in medical and health institutions for 5 years after registration, and have the title of attending physician or above. 2. There are more than 5 comprehensive dental treatment tables, and at least 1 medical practitioners with the title of deputy chief physician of stomatology and above.
(2) Nurse 1. Nurses should be healthy and competent for related work. 2. There shall be at least 1 registered nurses, and at least 1 registered nurses shall be added for every 3 additional dental comprehensive treatment tables.
Third, the house:
(a) the use of outpatient area and building layout should meet the needs of daily diagnosis and treatment, and meet the requirements of hospital infection prevention and control management.
(two) the net use area of each oral comprehensive treatment table in the consulting room is not less than 6 square meters.
Fourth, the equipment:
(1) Basic equipment: light curing lamp, ultrasonic cleaning machine, air purification equipment, autoclaving equipment, etc.
(2) First aid equipment: oxygen bottle (bag), mouth plug, tooth pad, oral airway, artificial respirator, etc.
(3) Unit equipment of each oral comprehensive treatment bed: 1 oral comprehensive treatment bed (equipped with 1 operating lamp, 1 spittoon, 1 instrument tray); 2 sets of high-speed and low-speed tooth cutting devices; 2 sets of saliva suction devices; 3 spray guns, 2 guns, etc. ; The diagnosis and treatment instruments meet the configuration of one person, one use and one disinfection. Among them, clinical examination and medical imaging have signed relevant service agreements with other medical institutions, and the services provided by other institutions may not be equipped with relevant equipment.
Five, combined with the unified national rules and regulations and technical operation norms, formulate the post responsibilities of outpatient personnel.
Six, the establishment of information system, and in accordance with the health standards prescribed by the administrative department of health, and medical service supervision information system interconnection.