Weizhengfa [2004] No. 224
Health departments and bureaus of provinces, autonomous regions and municipalities directly under the central government, and the Bureau of Health of the Xinjiang Production and Construction Corps:
According to the State Council's deployment, the Ministry of Health and the relevant departments are Organize and carry out the illegal collection and supply of blood fluids and single plasma, illegal practice of medicine special rectification work. Recently, some localities have submitted requests for instructions on the application of laws to combat the illegal collection and supply of blood fluids and plasma alone, and the illegal practice of medicine. After study, the following is hereby approved:
I. Any of the following circumstances shall be punished in accordance with the provisions of Article 44 of the "Regulations on the Administration of Medical Institutions":
(1) using the "License for the Practice of Medical Institutions" which was obtained by illegal means such as buying, selling, transferring, renting, etc. to carry out diagnostic and therapeutic activities;
(2) using the forged or altered "License for the Practice of Medical Institutions" to To carry out diagnostic and therapeutic activities;
(C) in the pharmaceutical business institutions without obtaining a "medical practice license" to carry out diagnostic and therapeutic activities;
(D) medical institutions unauthorized outside the registered place of practice to carry out diagnostic and therapeutic activities;
(E) non-medical institutions, or other institutions, contracted, leased medical institutions or housing and the name of the medical institution to carry out diagnostic and therapeutic activities. In the name of the medical institution to carry out diagnostic and therapeutic activities.
Two, medical institutions will be contracted or leased to non-medical institutions or other institutions and the name of the medical institution to carry out diagnostic and treatment activities, in accordance with the "Regulations on the Management of Medical Institutions" shall be punished in accordance with the provisions of Article 46.
Third, the second paragraph of Article 7 of the "Regulations on the Administration of Blood Products", "plasma suppliers within the designated area", refers to the plasma suppliers within the designated area who have local household registration.
Four, one of the following circumstances, in accordance with Article 35 of the "Regulations on the Administration of Blood Products" "serious circumstances" to be punished:
(a) Article 35 of the violations listed in the health administrative department ordered by the deadline to rectify but refused to do so;
(b) within twelve months, two violations listed in Article 35 of the occurrence of (c) three or more violations listed in Article 35 at the same time;
(d) the transmission of diseases transmitted by blood or the risk of transmission due to the violations listed in Article 35;
(e) the consequences of personal injuries other than those listed in item (d).
Fifth, medical institutions and their medical staff in violation of the provisions of Article 19 of the "Measures for the Administration of Clinical Blood Use in Medical Institutions (for Trial Implementation)", unauthorized collection of blood for clinical use, is considered to be an illegal collection of blood, in accordance with the provisions of Article 18 and Article 22 of the "Blood Donation Law" shall be punished.
This reply.
July 6, 2004