Article 1 In order to strengthen the management of medical institutions, promote the reform and development of medical and health undertakings, and ensure the health of citizens, these Measures are formulated in accordance with the Regulations of the State Council Municipality on the Management of Medical Institutions (hereinafter referred to as the Regulations) and other relevant provisions, and combined with the actual situation of the autonomous region.
Article 2 These Measures shall apply to the management of various medical institutions engaged in disease diagnosis and treatment activities in the autonomous region (including medical institutions established outside the establishment of the military and armed police forces).
Article 3 The health administrative department of the people's government at or above the county level shall be responsible for the supervision and management of medical institutions within their respective administrative areas.
The health management institution of Xinjiang Production and Construction Corps is responsible for the management of medical institutions in this system in accordance with relevant laws, regulations and these Measures, and accepts the professional guidance, supervision and management of the local health administrative department at the same level.
Article 4 The administrative department of health at or above the county level shall rationally allocate and make full use of medical resources according to the actual situation of population and medical needs within its administrative area, formulate the plan for the establishment of medical institutions in this area, and report it to the people's government at the same level for approval and implementation after being audited by the administrative department of health at the next higher level. The local people's government shall incorporate the planning of medical institutions into the health development planning and the overall planning of urban and rural construction and development.
Chapter II Setting Approval
Article 5 The establishment of medical institutions under the unified planning of the autonomous region shall be decided by the health administrative department of the autonomous region.
Article 6 Units and individuals applying for the establishment of medical institutions shall go through the formalities of examination and approval or filing in accordance with the following provisions:
(1) General hospitals with more than 300 beds and Chinese medicine hospitals with more than 100 beds, ethnic hospitals, hospitals with integrated traditional Chinese and western medicine, specialized hospitals, sanatoriums, maternal and child care centers, emergency centers, clinical laboratory centers and specialized prevention and control institutions shall be reported to the health administrative department of the autonomous region for examination and approval;
(2) The establishment of 50-299-bed general hospitals and 50-99-bed Chinese medicine hospitals, ethnic hospitals, hospitals with integrated traditional Chinese and western medicine, specialized hospitals, sanatoriums and maternal and child care hospitals shall be examined and approved by the health administrative department at the prefecture level and reported to the health administrative department of the autonomous region for the record;
(three) the establishment of medical institutions with less than 49 beds shall be decided by the health administrative department at the county level according to the examination opinions of the health administrative department at the next higher level;
(four) medical institutions set up by the Corps to serve internal personnel and medical institutions set up within the scope of each Corps shall be examined and approved by the health management institution of the Corps and reported to the local health administrative department at the county level for the record. Corps set up social service medical institutions in cities at or above the county level, and the health management institution of Corps conducted a preliminary examination according to the planning of local medical institutions, and reported it to the local health administrative department at the same level for approval;
(five) medical institutions outside the military establishment shall be audited by the health administrative department of the Xinjiang Military Region or the health administrative department of the Armed Police Force stationed in Xinjiang and reported to the local health administrative department at or above the county level for examination and approval;
(6) Outpatient departments, clinics, health clinics and medical offices set up by organs, enterprises and institutions to serve internal personnel shall be reported to the local health administrative department at or above the county level for the record.
Seventh health administrative departments at or above the county level shall, within 30 days from the date of accepting the application for establishment, make a written reply on whether to approve the establishment; If the establishment is approved, a letter of approval for the establishment of a medical institution shall be issued and reported to the health administrative department at the next higher level for the record.
Within 30 days from the date of receiving the filing report, the health administrative department at a higher level has the right to correct or cancel the failure to meet the relevant setting conditions and the local medical institution setting plan.
Article 8 Units and individuals applying for the establishment of medical institutions may go through other formalities in the relevant departments after obtaining the Approval Letter for the Establishment of Medical Institutions.
Article 9 The Approval Letter for the Establishment of Medical Institutions shall take effect as of the date of issuance by the administrative department of health. Its validity period is half a year in clinic, 0/year in outpatient department and 2 years in hospital. If you are not approved for formal practice during this period, the approval will automatically become invalid. To extend or change the validity period of the Approval Letter for the Establishment of Medical Institutions, it shall go through the formalities at the original approval authority.
Tenth any of the following circumstances, shall not apply for the establishment of medical institutions:
(a) there is no fixed residence in the location of the medical institution;
(2) Having not recovered from infectious diseases and being determined by the health administrative department at or above the county level to be unfit for medical work;
(3) Medical personnel who have been dismissed from public office or left their posts without authorization for less than five years;
(four) the legal representative or principal responsible person's physical health can not meet the needs of normal medical work;
(5) There are circumstances stipulated in Article 12 of the Detailed Rules for the Implementation of the Regulations on the Administration of Medical Institutions (hereinafter referred to as the Detailed Rules) issued by the Ministry of Health.
Article 11 The establishment of medical institutions focusing on the treatment of specialized diseases such as beauty, oral cavity, rehabilitation and venereal diseases shall meet the basic standards stipulated by specialized departments. Its professional medical personnel must hold the qualification certificate of professional doctor or above recognized by the national health administrative department, and pass the professional examination and assessment organized by the health administrative department at or above the county level to obtain the qualification certificate.
Twelfth individuals who meet one of the following conditions may apply for setting up clinics in townships (towns) and villages:
(1) Having obtained the qualification of a doctor recognized by the administrative department of public health and having been engaged in clinical medical work for more than 3 years;
(2) Having obtained a diploma from a health or medical college at or above the secondary level recognized by the state, and having been engaged in medical clinical work continuously for more than 5 years.
Individuals applying for setting up clinics in cities must meet the conditions stipulated in Article 13 of the Detailed Rules.
Thirteenth individuals who apply for the establishment of nursing stations must obtain the qualification of nurses and engage in clinical nursing work for more than 5 years; Or obtain the qualification of a nurse, have been engaged in clinical nursing for more than 10 years, and obtain the practicing certificate of People's Republic of China (PRC) nurse and register.
Fourteenth medical institutions to set up outpatient departments, clinics and other branches for social services must go through the examination and approval procedures with the relevant health administrative departments in accordance with the Measures for the Examination and Approval of Independent Medical Institutions.
Medical institutions established by organs, enterprises and institutions to serve internal personnel may serve the society upon approval.
Fifteenth medical institutions, except with the approval of the health administrative department at or above the county level, can go to the countryside or the streets for free clinic and roving medical treatment, and are not allowed to practice medicine without authorization. Accepting medical institutions and medical personnel outside the region to carry out medical activities must be reported to the relevant health administrative department for approval according to regulations.
Chapter III Practice Registration
Article 16 The practice of medical institutions shall be registered in accordance with the relevant provisions of the state and the autonomous region, and the Practice Register of Medical Institutions shall be filled in. Only after the health administrative department that approved its establishment has reviewed and obtained the Practice License of Medical Institutions can it practice.
Medical institutions established by organs, enterprises and institutions to serve internal personnel shall go through the practice registration formalities with the local health administrative department at or above the county level.
Seventeenth health administrative departments shall, in accordance with the relevant provisions of the state, conduct regular calibration of medical institutions. Under any of the circumstances specified in Article 37 of the Rules, the verification period may be suspended from 1 to 6 months; If the suspension period has not passed the verification, the registration authority shall cancel the practice license of the medical institution.
Eighteenth medical institutions should carry out medical activities in accordance with the registered items.
Article 19 If a medical institution changes its name, address, legal representative, principal responsible person, form of ownership, service scope, diagnosis and treatment subjects, beds and other matters, it must apply to the registration authority for registration of change.
Article 20 If a medical institution terminates its diagnosis and treatment activities, closes its business or closes its business for more than 1 year (except for reasons such as reconstruction, expansion and relocation), it shall cancel its registration with the registration authority. After being approved by the registration authority, the Practice License of Medical Institution shall be confiscated.
Twenty-first medical institutions to use the following names shall be approved by the administrative department of health of the autonomous region:
(a) containing "Xinjiang", "Xinjiang Uygur Autonomous Region" and other Xinjiang-wide characters or using cross-regional and state names;
(two) with the "center of the autonomous region" as the general term;
(3) Using names such as "teaching hospital", "internship hospital" and "affiliated hospital" in medical colleges and universities.
Twenty-second medical institutions set up by people's governments at all levels shall be identified with the corresponding administrative region names; Medical institutions set up by units and individuals may use the name of the setting unit or individual as the identification name, and shall not be crowned with the name of autonomous region, prefecture, city, county or township (town); A medical institution established by an individual shall have the word "individual" after its identification name; Medical institutions outside the military establishment shall not use the military code or serial number or the words "China People's Liberation Army" or "Chinese People's Armed Police Force", and plaques and seals shall not be engraved with military badges and police badges.
Chapter IV Practice Management
Article 23 Medical institutions should aim at saving lives, preventing diseases and serving the people, abide by medical ethics, practice medicine honestly and ensure the quality of medical services, and their legitimate rights and interests are protected by law. No unit or individual may interfere with the normal working order of medical institutions.
Twenty-fourth medical institutions shall not lease medical places or contract medical departments to individuals or other organizations. In addition to technical exchanges and medical practice, on-the-job professional and technical personnel of medical institutions shall not be employed by other medical institutions at the same time or hold part-time jobs without authorization.
Twenty-fifth medical institutions should strengthen the disinfection and isolation management of aseptic operation in medical places to prevent and reduce infections in medical treatment. Without disinfection equipment and nurses or above, no injection or infusion business may be carried out.
Article 26 When using drugs, medical institutions shall implement the provisions of laws and regulations on drug administration and accept the supervision of the administrative department of health.
Medicines equipped by medical institutions must be purchased from units with three certificates: Pharmaceutical Production Enterprise License, Pharmaceutical Trading Enterprise License and Business License for the use of therapeutic formulas. Medical institutions are strictly prohibited from engaging in the wholesale and retail business of drugs.
A medical institution shall obtain a Preparation License issued by the health administrative department of the autonomous region according to law when preparing preparations, and the prepared preparations are limited to use in the unit.
Twenty-seventh pharmacies (cabinets) attached to various outpatient departments, specialist clinics, health clinics, infirmary, health centers and health stations should be adapted to the scope of practicing subjects approved by the registration authority.
Twenty-eighth medical institutions must use all kinds of medical documents under the unified supervision of the health administrative department of the autonomous region, and implement the medical charging items and charging standards stipulated by the state and the autonomous region. The main charging items and charging standards shall be published in an appropriate form, and drugs shall be clearly marked.
It is forbidden for medical personnel to take advantage of their profession to ask patients or their families for money and goods, and to charge referral or examination fees. Medical personnel shall not disclose the privacy of patients.
Twenty-ninth medical institutions shall undertake the tasks entrusted by the health administrative departments at or above the county level to support rural areas and guide primary health care, and carry out infectious disease prevention, epidemic situation reporting, medical care and health education. In case of major disasters, epidemic diseases and other emergencies, we must obey the dispatch of the health administrative department.
Thirtieth kinds of health examination business, by the health administrative department at or above the county level in conjunction with the relevant departments designated special medical, epidemic prevention, maternal and child health care institutions. The health examination certificate issued by the medical institution designated by the health administrative department at or above the county level can be used as the basis of health status. Medical institutions that have not been designated and other units that have not obtained the Practice License of Medical Institutions may not carry out health examination business.
Thirty-first medical institutions shall not issue medical documents such as disease diagnosis, health certificate or death certificate for patients who have not been examined by doctors; No "Birth Medical Certificate" or stillbirth report shall be issued for babies who have not been delivered by midwives or doctors themselves. Professional documents such as diagnosis certificates issued by medical institutions must be true.
When a medical institution has a medical accident or medical dispute, it shall promptly report to the local health administrative department and assist in the on-site physical storage, retention, investigation and handling.
Article 32 It is forbidden to use medical technology to identify the sex of a fetus. If it is necessary for scientific research or diagnosis of hereditary diseases, it must be approved by the relevant health administrative department.
Engaged in artificial insemination technology research or organ transplantation, must be approved by the health administrative department of the autonomous region, can be carried out.
Article 33 The publication, broadcasting and posting of medical advertisements must be carried out in accordance with the Advertising Law and the provisions of the autonomous region on the management of medical advertisements. After examination by the health administrative department of the autonomous region, a Medical Advertisement Examination Certificate shall be issued and filed with the administrative department for industry and commerce at the place where the medical advertisements are published.
Thirty-fourth medical institutions to implement a regular review system. The administrative department of health at or above the county level shall be responsible for organizing the evaluation committee of medical institutions within their respective administrative areas, and comprehensively evaluating the basic standards, service quality, technology and management level of medical institutions according to the evaluation methods and standards prescribed by the state.
Thirty-fifth medical institutions shall pay fees when applying for approval of establishment, practice registration and verification review; Medical institutions have to pay management fees for practicing. Specific charging measures shall be formulated by the health administrative department of the autonomous region in conjunction with the price and finance departments of the autonomous region.
Chapter V Legal Liability
Article 36 Whoever, in violation of the provisions of Article 14 of these measures, sets up outpatient departments, clinics and other branches without going through the examination and approval procedures shall be ordered by the health administrative department at or above the county level to stop practicing, confiscate the illegal income, drugs and equipment, and may, according to the circumstances, impose a fine of not less than 3,000 yuan from 500 yuan.
Those who practice or borrow or forge the Practice License for Medical Institutions without obtaining the Practice License for Medical Institutions, or who set up medical institutions across administrative regions without authorization, shall be banned by the health administrative department at or above the county level; Confiscation of illegal income, drugs and equipment; Can be fined more than 500 yuan 10000 yuan.
Article 37 Whoever, in violation of the provisions of Article 15, Article 18, Article 19 and Article 27 of these measures, moves to practice medicine without authorization, accepts medical personnel outside the district to carry out diagnosis and treatment activities without authorization, changes the registered items without authorization, carries out medical activities beyond the scope, or illegally sells drugs in the name of practicing medicine, shall be given a warning by the health administrative department at or above the county level, ordered to make corrections within a time limit, and may be fined not more than 3,000 yuan according to the circumstances; If the circumstances are serious, its Practice License of Medical Institution shall be revoked.
Thirty-eighth in violation of the provisions of article twenty-sixth, the administrative department of health at or above the county level shall be punished according to the Drug Administration Law of People's Republic of China (PRC) and other relevant laws and regulations.
Medical institutions and advertising business units that publish and broadcast medical advertisements without examination and approval shall be investigated and dealt with by the administrative department of health and the administrative department for industry and commerce according to their respective responsibilities.
Article 39 Whoever, in violation of the provisions of Article 32 of these measures, conducts fetal sex identification or engages in artificial insemination or organ transplantation without authorization shall be dealt with by the health administrative department at or above the county level in accordance with the provisions of Article 37 of these measures. The person who is directly responsible shall be given administrative sanctions by the unit to which he belongs or the administrative organ at a higher level, and if the case constitutes a crime, the judicial organ shall investigate the criminal responsibility according to law.
Fortieth other acts in violation of these measures shall be punished in accordance with the provisions of relevant laws and regulations.
Article 41 If a party refuses to accept the decision on administrative punishment, he may, within 5 days from the date of receiving the notice of punishment, apply for reconsideration to the organ at the next higher level of the organ that made the decision on administrative punishment, or bring a lawsuit to the people's court. If the party concerned fails to apply for reconsideration, bring a suit in a people's court or perform the punishment decision within the time limit, the administrative organ that made the punishment decision shall apply to the people's court for compulsory execution according to law.
Chapter VI Supplementary Provisions
Article 42 Medical institutions that have been allowed to practice before the implementation of these Measures shall, within 6 months from the date of promulgation of these Measures, go through the registration formalities with the corresponding health administrative department in accordance with the examination and approval authority stipulated in these Measures, and issue a Practice License for Medical Institutions if they meet the requirements.
Forty-third problems in the specific application of these measures shall be interpreted by the health administrative department of the autonomous region.
Article 44 These Measures shall come into force as of the date of promulgation. 1983 The Interim Measures for the Administration of Individual Practitioners in Xinjiang Uygur Autonomous Region approved and promulgated by the People's Government of the Autonomous Region shall be abolished at the same time.