Detailed Rules for the Implementation of the Management of Medical Institutions 2023

The detailed rules for the implementation of the Regulations on the Administration of Medical Institutions in 2023 are as follows:

1, health and epidemic prevention, frontier health and quarantine, medical research and teaching institutions to carry out diagnosis and treatment activities and beauty service institutions to carry out medical beauty business outside the scope of business, must apply for the establishment of corresponding types of medical institutions in accordance with the Regulations and these Detailed Rules;

2. Medical institutions established outside the China People's Liberation Army and the Chinese People's Armed Police Force shall be managed by the local health and family planning administrative departments in accordance with the Regulations and these rules. The logistics and health department of China People's Liberation Army is responsible for providing the local health and family planning administrative departments with the names and addresses of medical institutions outside the military establishment;

3. Medical institutions engaged in medical activities according to law are protected by law;

4, the administrative department of health and family planning shall independently exercise supervision and management functions according to law. Not interfered by any unit or individual;

5, all provinces, autonomous regions and municipalities directly under the central government should be in accordance with the local "medical institutions planning" rational allocation and rational use of medical resources. The planning for the establishment of medical institutions shall be formulated by the local health and family planning administrative departments at or above the county level according to the Guiding Principles for the Establishment of Medical Institutions, audited by the health and family planning administrative departments at the next higher level, reported to the people's government at the same level for approval, and promulgated and implemented within their respective administrative areas. The guiding principles for the establishment planning of medical institutions shall be formulated separately;

6. The local health and family planning administrative departments at or above the county level shall, in accordance with the authority and procedures stipulated in the Guiding Principles for the Establishment Planning of Medical Institutions, organize the implementation of the establishment planning of medical institutions in their respective administrative areas, regularly evaluate the implementation, and report the evaluation results to the health and family planning administrative department at the next higher level and the people's government at the same level on an annual basis;

7, medical institutions, regardless of category, ownership form, affiliation, service object, its setting must conform to the local "medical institutions planning";

8, beds in 100 or more general hospitals, hospitals of traditional Chinese medicine, hospitals of integrated traditional Chinese and western medicine, ethnic medicine hospitals and specialized hospitals, sanatoriums, rehabilitation hospitals, maternal and child health care centers, emergency centers, clinical test centers and specialized disease prevention and control institutions, the division of examination and approval authority, by the provinces, autonomous regions and municipalities directly under the central government, health and family planning administrative departments responsible for; The establishment of other medical institutions shall be examined and approved by the county-level health and family planning administrative department. The examination and approval authority for the establishment of medical laboratories, pathological diagnosis centers, medical imaging diagnosis centers, hemodialysis centers and hospice care centers shall be stipulated separately.

In any of the following circumstances, it is not allowed to apply for setting up a medical institution:

1, the unit that cannot bear civil liability independently;

2. An individual who is serving a sentence or does not have full capacity for civil conduct;

3, the occurrence of more than two medical accidents under five years of medical staff;

4. Medical personnel whose practice certificate has been revoked due to violation of relevant laws, regulations and rules;

5. The legal representative or principal responsible person of the medical institution whose Practice License of Medical Institution has been revoked;

6. Other circumstances stipulated by the administrative departments of health and family planning of the governments of provinces, autonomous regions and municipalities directly under the Central Government.

To sum up, the term "medical institutions" as mentioned in the Regulations and these Detailed Rules refers to institutions that have obtained the Practice License of Medical Institutions through registration in accordance with the provisions of the Regulations and these Detailed Rules.

Legal basis:

Eleventh rules for the implementation of the regulations on the administration of medical institutions

/kloc-The division of examination and approval authority for the establishment of general hospitals, traditional Chinese medicine hospitals, integrated traditional Chinese and western medicine hospitals, ethnic medicine hospitals, specialist hospitals, sanatoriums, rehabilitation hospitals, maternal and child health care centers, emergency centers, laboratory centers and specialist disease prevention and control institutions with more than 0/00 beds shall be stipulated by the health and family planning administrative departments of provinces, autonomous regions and municipalities directly under the Central Government; The establishment of other medical institutions shall be examined and approved by the county-level health and family planning administrative department.

The examination and approval authority for the establishment of medical laboratories, pathological diagnosis centers, medical imaging diagnosis centers, hemodialysis centers and hospice care centers shall be stipulated separately.

Twelfth rules for the implementation of the regulations on the administration of medical institutions

In any of the following circumstances, it is not allowed to apply for setting up a medical institution:

(a) units that cannot bear civil liability independently;

(2) An individual who is serving a sentence or does not have full capacity for civil conduct;

(3) Medical personnel who have suffered a medical accident of class II or above for less than five years;

(4) Medical personnel whose practice certificate has been revoked due to violation of relevant laws, regulations and rules;

(5) The legal representative or principal responsible person of the medical institution whose Practice License for Medical Institution has been revoked;

(6) Other circumstances stipulated by the administrative departments of health and family planning of the governments of provinces, autonomous regions and municipalities directly under the Central Government.

Under any of the circumstances listed in Items (2), (3), (4) and (5) of the preceding paragraph, the legal representative or principal responsible person of a medical institution shall not be appointed.