Person in charge: XXX, female, Han nationality, date of birth, address and domicile:, ID number:, position: person in charge of Sizhitang Pharmacy in Shiyan City; Tel:.
Cause of action: So-and-so's illegal medical practice leads to serious consequences and is suspected of illegal medical practice.
Transfer organ: Shiyan Municipal Health Bureau
Organizer:
Cases and illegal facts:
On the afternoon of July 18, 2006, the patient's younger brother reported to our bureau that Chen Xiuqin's fetus died, her uterus ruptured and she suffered from massive bleeding after her sister gave birth in Sizhitang Pharmacy, Huanghua Lane, Liulin Road, Shiyan City. Now it is being rescued in Taihe Hospital, requesting our bureau to investigate and handle it. After receiving the report, our bureau immediately formed a task force to investigate the crime scene, XXX family and Taihe hospital. After investigation, it has been found that:
Shiyan Sizhitang Pharmacy operated by 1.XXX has obtained Drug Business License, Medical Device Business License and Individual Business License. So-and-so 1984 graduated from Yunyang district health school in Hubei province, and obtained the diploma of secondary school in 2004. 1990 is the title of attending physician in clinical medicine, 1999 is the qualification certificate of clinical physician and licensed pharmacist.
2. During the period from mid-late April 2005 to July 6, 2006 10:40, Yu obtained the doctor's practice certificate without the doctor's registration, but did not obtain the Certificate of Examination of Maternal and Child Health Care Technology, the Practice License of Medical Institution and the Practice License of Maternal and Child Health Care Technology Service. Engaged in obstetrics and gynecology clinic at the original site of Shizhitang Pharmacy in Shiyan City (Building 6 10 1 room in Huanghuazhai Community, Liulin Road, Shiyan City, hereinafter referred to as the original site pharmacy) and the current site pharmacy (No.20 Huanghua Lane, Maojian District, Shiyan City, 10 1), the staircase duty room of the current site pharmacy, and the third room on the right side of the second floor.
3. From the beginning of June 2006 to July 6, 2006 10:40, the client XXX was engaged in the doctor's practice activities in the duty room, the stairs and the third room on the right side of the second floor of the pharmacy, which was specialized in clinical obstetrics and gynecology. Among them, from 20: 30 on July 15, 2006 to July 16 10: 40, Chen Xiuqin gave birth to her baby in the third room on the right side of the second floor of the current pharmacy and the staircase duty room of the current pharmacy. Because she did not have medical qualifications, her medical place did not have basic medical conditions and necessary rescue equipment. Chen Xiuqin, a pregnant woman, was not transferred to a medical institution with delivery qualification and rescue conditions within 14 hours, which eventually led to the serious consequences of Chen Xiuqin's fetal death, uterine rupture and total hysterectomy, massive bleeding and left fallopian tube resection. The specific process of prenatal diagnosis and midwifery technology for Chen Xiuqin is as follows:
At the beginning of June, 2006, at the request of the parturient, XXX (hereinafter referred to as Xiao) made prenatal medical examination and prenatal diagnosis in the staircase duty room of the current pharmacy by using medical techniques such as palpation and auscultation. She told Chen Xiuqin that her due date was July 2006, and her blood pressure was 90/60 mmHg, so she compared the actual fetal volume. On July 14, 2006, her husband Yan called XXX and asked why there was no movement when the due date arrived. So-and-so told him that the expected date of delivery was only an estimate, maybe a few days earlier or a few days later, and it would be normal within a week. On July/KOOC-0/5/KOOC-0/9, 2006, Chen Xiuqin felt mild abdominal pain at the residence of Nanniwan Hotel in Beijing Road, and Yan accompanied her to take a taxi to the front of the current pharmacy operated by XXX. At that time, XXX went out and didn't go home. At about 20: 30, XXX returned to the current pharmacy, and her husband Yan asked XXX to provide delivery service for him. XXX took him to the third room on the right side of the second floor of the pharmacy. Perform palpation by hand. After the incident, XXX stated to the law enforcement officers of our bureau that after inspection, Chen Xiuqin was not found to have contractions and the fetal head was still floating above the pubic symphysis. He told Chen Xiuqin that your stomach is just a little painful, not very painful. Call me when the pain is severe at night. There is only one window between us, and then let Yan rest in the third room on the right on the second floor of his pharmacy. From 2: 00 on July 5, 2006 to around 2: 00 on July 6, 2006, XXX went to the third room on the right side of the second floor of his drugstore to check the condition and ask if the intensity of abdominal pain had changed. The reply was still the same as before. XXX didn't deal with it after listening, and went back to his room to rest. I felt severe abdominal pain during 5-6 o'clock on July 16, 2006. So-and-so will take it to the duty room on the stairs of the pharmacy and let it lie on the maternity bed for medical examination.
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4. From the middle and late April, 2005, the client XXX carried out the doctor's practice of clinical obstetrics and gynecology professional prenatal examination and midwifery technology project for Wang Minghua on the delivery bed of Sizhitang Pharmacy in Shiyan City (Building 6, Huanghuazhai Community, Liulin Road, Shiyan City10/Room). After delivery, the fetus developed hypoxia symptoms and died after being rescued by XXX. On the second day after delivery and for the next six days, XXX gave Wang Minghua an intravenous drip of anti-inflammatory drugs every day. * * * Wang Minghua was charged less than 300 yuan RMB.
Verb (abbreviation of verb) The whereabouts of Chen Xiuqin's fetal body. After investigation, Yan entrusted Chen Xiuqin's brother-in-law Pan Hengqiang to throw the fetal body into the trash can in front of a public toilet next to Chaoyang Road Financial Insurance Company in Shiyan City at around 9: 00 on July 18, 2006. By July 18, when Chen Xiuke complained to our bureau, our bureau had not received the report of Chen Xiuqin's family on the disposal of the body.
6. According to XXX's own statement, the name and quantity of Chen Xiuqin's 1 bottle medicine are 10% glucose 500ml and vitamin C2G respectively; The name and quantity of the second bottle of medicine are 65438+500ml of 00% glucose, 3 g of vitamin C and 2.5 mg of dexamethasone, in which 500ml of 10% glucose is directly inserted into the infusion tube, 3 g of vitamin C and 2.5 mg of dexamethasone are injected from the bottle stopper with 20ml disposable syringe after being prepared in the pharmacy. Because the empty bottles, infusion tubes and residual liquid medicine of 1 bottle have been discarded by XXX, it is impossible to find out the specific drug name and quantity; After the incident, the second empty medicine bottle, infusion tube and residual liquid medicine in the bottle were handed over to our bureau for storage. After asking Yan and being identified by him, the appearance of the second empty medicine bottle and infusion tube handed over to our bureau and the amount of residual liquid medicine in the bottle are basically the same as those when the needle was pulled out in the taxi. Empty bottles, infusion tubes and residual liquid medicine in bottles are now refrigerated in the refrigerator of the technical management department of our bureau, waiting for further treatment.
7. The maternity bed, stethoscope, sphygmomanometer and some medical wastes used by a doctor engaged in prenatal examination and midwifery technical project of clinical obstetrics and gynecology have been sealed by our bureau and are now stored in our warehouse.
Eight, so-and-so illegal medical place (now address Shiyan Sizhitang pharmacy, pharmacy staircase duty room, the third room on the right side of the second floor of the pharmacy) has been seized by our bureau. As the investigation has been completed, our bureau lifted the administrative control over the existing pharmacy, the duty room on the stairs of the pharmacy and the third room on the right side of the second floor of the pharmacy on July 30, 2006.
Nine, Wang Minghua has not been to our bureau for investigation. After telephone inquiry, the law enforcement officers of our bureau learned about the case, and inquired about XXX and Yue according to law, confirming that XXX had a clinical prenatal examination in the maternity bed of Sizhitang Pharmacy in Shiyan City in the middle and late April 2005 (Building 6, Huanghuazhai Community, Liulin Road, Shiyan City 10 1 room).
Relevant evidence:
1, 1 copies of XXX's ID card to prove their identity information.
Sixty-five thousand four hundred and thirty-eight copies of 2.XXX "Graduation Certificate", which proved that she had a systematic secondary medical education and had a certain knowledge of obstetrics and gynecology.
3. 1 A copy of the title certificate of a clinician, which proves that he has certain clinical experience and skills in obstetrics and gynecology.
4. 65,438+0 copies of 4.XXX doctor qualification certificate, which proves that it has the ability to engage in clinical medical work.
5. Licensed Pharmacist Qualification Certificate 1 copy, Drug Business License 1 copy, Medical Device Business License 1 copy, and Individual Business License 1 copy, which are used to prove that they are qualified to deal in drugs and medical devices respectively.
6. 65,438+0 transcripts of case acceptance and 65,438+0 annexes, which prove the contents of Chen Xiuke's complaint.
7. Chen Xiuke's ID card 1 copy, which proves the identity information of the complainant.
8. A copy of1Yan's ID card to prove his identity information.
9. 1. 1 on-site inspection record, which was issued by our bureau on July 19, 2006, after inspecting the pharmacy at XXX's current address, to prove the specific place where XXX practiced medicine and the site conditions at the time of inspection;
10, 1 9 July 2006 Chen Xiuke's inquiry record1copy, which proves the source of the complaint and the reason why XXX was not seen during our on-site inspection on July 19, 2006.
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Identification of illegal facts:
1.During the period from the middle and late April of 2005 to July 6, 2006 10:40, the client XXX obtained the doctor's practice certificate without being registered as a doctor, but failed to obtain the Technical Examination Certificate for Maternal and Child Health Care, the Technical Qualification Certificate for Domestic Midwives, the Practice License for Medical Institutions and Maternal and Child Health Care. Engaged in obstetrics and gynecology clinic at the original site of Shizhitang Pharmacy in Shiyan City (Building 6 10 1 room in Huanghuazhai Community, Liulin Road, Shiyan City, hereinafter referred to as the original site pharmacy) and the current site pharmacy (No.20 Huanghua Lane, Maojian District, Shiyan City, 10 1), the staircase duty room of the current site pharmacy, and the third room on the right side of the second floor.
2. During the period from the beginning of June 2006 to July 6, 2006 10:40, the client XXX carried out the doctor's practice activities for Chen Xiuqin (lying-in) in the duty room of the present pharmacy, the stairs of the present pharmacy and the third room on the right side of the second floor of the present pharmacy. Among them, from 20: 30 on July 15, 2006 to July 16 10: 40, Chen Xiuqin gave birth to her baby in the third room on the right side of the second floor of the current pharmacy and the staircase duty room of the current pharmacy. Because she did not have medical qualifications, her medical place did not have basic medical conditions and necessary rescue equipment. Chen Xiuqin, a pregnant woman, was not transferred to a medical institution with delivery qualification and rescue conditions within 14 hours, which eventually led to the serious consequences of Chen Xiuqin's fetal death, uterine rupture and total hysterectomy, massive bleeding and left fallopian tube resection.
A judgment that someone is suspected of illegal medical practice;
During the period from mid-late April 2005 to July 6, 2006 10:40, the client engaged in the medical practice activities of prenatal examination and midwifery technology project of clinical obstetrics and gynecology specialty in two medical places without approval, and from June 16 to July 16, Chen Xiuqin was in the third room on the right side of the second floor of the current pharmacy and now. Chen Xiuqin was not transferred to a medical institution with delivery qualification and rescue conditions for rescue within 14 hours, which eventually led to Chen Xiuqin's fetal death, uterine rupture, complete resection and massive bleeding. His behavior not only violates the provisions of the Law on Medical Practitioners and other health administrative laws, regulations and rules, but also is suspected of illegal medical practice according to the provisions of Article 336 of the Criminal Law. The reasons for determining that XXX is suspected of illegal medical practice are as follows:
1. The medical practice of a certain non-doctor destroys two social relations protected by criminal law, namely, the legal public medical and health management order of the country and the doctor's right to life and health, which has great social harm and violates the provisions of the criminal object of the crime of illegal medical practice. According to the provisions of Article 13 and the first paragraph of Article 336 of the Criminal Law, the criminal object of the crime of illegal medical practice includes two aspects, namely, the legal public health and medical management order of the state and the right to life and health of medical personnel. According to the provisions of paragraphs 1 and 2 of Article 13, paragraph 1 of Article 19 and Article 39 of the Law on Medical Practitioners, the medical and health administrative order is the basic social order of the country. So-and-so's illegal practice of medicine without approval is a violation of the national medical and health management order protected by criminal law. Secondly, XXX is recognized as a medical practitioner without legal procedures, and the clinic has no basic medical conditions and necessary rescue equipment, which poses a great threat to the life and health of patients and infringes on the right to life and health of medical practitioners protected by criminal law.
2. A person's illegal medical practice has reached a serious degree, which meets the objective elements of the crime of illegal medical practice. The reason why the plot is serious is that there are three plots in her illegal facts. First, XXX has been practicing medicine illegally for a long time. From the middle and late April of 2005 to July 6, 2006 10:40, the client XXX engaged in the practice of prenatal examination and midwifery technical projects in clinical obstetrics and gynecology in both places without approval, and engaged in non-medical practice activities for more than 14 months. Secondly, from 20: 30 on July 15, 2006 to July 16 10: 40, Chen Xiuqin delivered a baby without authorization in the third room on the right side of the second floor of the current pharmacy and the duty room on the stairs of the current pharmacy. Because of her lack of medical qualifications, the clinic had no basic medical conditions and necessity. Chen Xiuqin, a pregnant woman, was not transferred to a medical institution with delivery qualification and rescue conditions within 14 hours, which eventually led to the serious consequences of Chen Xiuqin's fetal death, uterine rupture and total hysterectomy, massive bleeding and left fallopian tube resection. Third, illegal medical practice in a certain place has caused huge economic losses to patient Chen Xiuqin. By July 30, 2006, Chen Xiuqin's family had actually paid 9400 yuan for medical treatment, and Taihe Hospital had paid 128907 yuan for medical treatment to save Chen Xiuqin's life. According to the provisions of the first paragraph of Article 336 of the Criminal Law, combined with the extensive judicial practice of the judicial organs in our country and the understanding of the legal concept of "serious circumstances", according to the above three points, it can be concluded that the illegal medical practice of XXX has reached the level of serious circumstances.
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To sum up, our bureau believes that XXX illegally practiced medicine without obtaining the qualification of a doctor, which delayed the opportunity of treatment and rescue, leading to the serious consequences of Chen Xiuqin's fetal death, uterine rupture and total hysterectomy, massive bleeding and left fallopian tube resection. If the circumstances are serious, he has been suspected of illegal medical practice. In order to effectively protect the lives of the broad masses of people, standardize the medical and health management order in our city, and more effectively deter illegal medical practitioners, please ask the public security organs to investigate their criminal responsibility according to law.
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Remarks: This report is made in triplicate. The first copy keeps the law enforcement files, the second copy is handed over to the transfer unit, and the third copy is copied to the procuratorial organ for the record.
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